WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Western Australian Alcohol and Drug Authority and The Civil Service Association of Western Australia Incorporated. No. PSAAG 7 of 1999. ADA/CSA Enterprise Agreement 1998. 23 February 1999. Order. HAVING heard Mr R P De Blank for the Applicant and Mr E P Rea as agent on behalf of Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders— THAT the agreement made between the parties as lodged in the Commission on the 11th day of February, 1999 entitled ADA/CSA Enterprise Agreement 1998 in the terms of the following Schedule be registered as an in- dustrial agreement in replacement of the ADA/CSA Enterprise Agreement 1996 (PSAAG 3 of 1996) which is hereby cancelled. (Sgd.) G.L. FIELDING, [L.S.] Senior Commissioner. Schedule. 1.—TITLE This Agreement shall be known as the ADA/CSA Enterprise Agreement 1998 and replaces ADA/CSA Enterprise Agreement 1996. 2.—ARRANGEMENT 1.—TITLE 2.—ARRANGEMENT 3.—SCOPE OF THE AGREEMENT 4.—PARTIES TO THE AGREEMENT 5.—DEFINITIONS 6.—DATE AND PERIOD OF OPERATION OF THE AGREEMENT 7.—NO FURTHER CLAIMS 8.—RELATIONSHIP TO PARENT AWARDS AND AGREEMENTS 9.—SINGLE BARGAINING UNIT 10.—AVAILABILITY OF AGREEMENT 11.—OBJECTIVES AND PRINCIPLES 12.—PRODUCTIVITY IMPROVEMENT 13.—PRODUCTIVITY MEASUREMENT 14.—SHIFT WORK 15.—SALARY INCREASES 16.—PARENTAL LEAVE 17.—FAMILY CARERS LEAVE 18.—BEREAVEMENT LEAVE 19.—ANNUAL LEAVE LOADING 20.—WORKFORCE DEVELOPMENT AND CAREER MOBILITY 21.—PART-TIME EMPLOYMENT 22.—CEREMONIAL/CULTURAL LEAVE 23.—DEFERRED SALARY SCHEME 24.—HOURS OF DUTY 25.—WORKFORCE FLEXIBILITY 26.—HIGHER DUTIES ALLOWANCE 27.—SHORT LEAVE 28.—SALARY PACKAGING 29.—DISPUTE SETTLEMENT PROCEDURE WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 695 79 W.A.I.G. 30.—SIGNATURES OF PARTIES TO THE AGREEMENT SCHEDULE A—SALARY SCHEDULE SCHEDULE B—SALARY SCHEDULE—SPECIFIED CALLINGS 3.—SCOPE OF THE AGREEMENT This Enterprise Agreement shall apply to all Western Aus- tralian Alcohol and Drug Authority employees including Senior Executive Service employees working in the Western Austral- ian Alcohol and Drug Authority who are members or eligible to be members of the Union. 4.—PARTIES TO THE AGREEMENT The parties to this Agreement are— • “Employer” Western Australian Alcohol and Drug Authority • “Union” Civil Service Association of Western Australia In- corporated. The number of employees covered by this Agreement as at the date of registration is 84. 5.—DEFINITIONS “Agreement”: the ADA/CSA Enterprise Agreement 1998. “Authority”: the Western Australian Alcohol and Drug Au- thority. “Award”: the Government Officers, Salaries, Allowances and Conditions Award 1989. “Employee”: for the purpose of this Agreement, a person referred to in Clause 3—Scope of the Agreement. “Employer”: the Western Australian Alcohol and Drug Au- thority. “Government”: the State Government of Western Australia. “Minister”: the Minister or Ministers of the Crown respon- sible for the administration of the Authority. “Union”: the Civil Service Association of Western Australia Incorporated. “WAIRC”: the Western Australian Industrial Relations Com- mission. 6.—DATE AND PERIOD OF OPERATION OF THE AGREEMENT (1) This Agreement shall operate from the beginning of the first pay period commencing on or after the date on which this Agreement is registered in the WAIRC and shall remain in operation for a period of twenty four months from registra- tion. (2) The parties will review this Agreement six months prior to the expiration of this Agreement to commence negotiation of a new agreement. (3) The parties will assess achievements in performance, pro- ductivity and efficiency during the term of this Agreement. (4) The pay quantum achieved as a result of this Agreement will remain and form the new base pay rates for future agree- ments or continue to apply in the absence of a further agreement, except where the award rate is higher in which case the award shall apply. (5) The Agreement will continue in force after the expiry of its term until such time as any of the parties withdraws from the Agreement in writing to the other party and to the WAIRC or this Agreement is replaced by another agreement. 7.—NO FURTHER CLAIMS (1) The parties to this Agreement undertake that for the du- ration of the Agreement there shall be no further salary or wage increases sought or granted except for those provided under the terms of this Agreement. (2) This Agreement shall not operate so as to cause an em- ployee to suffer a reduction in ordinary time earnings. 8.—RELATIONSHIP TO PARENT AWARDS AND AGREEMENTS This Agreement shall be read in conjunction with the Gov- ernment Officers, Salaries, Allowances and Conditions Award 1989 which applies to the parties bound to this Agreement. In the case of any inconsistencies, this Agreement shall have prec- edence to the extent of the inconsistencies. Where the Agreement is silent the Award prevails. 9.—SINGLE BARGAINING UNIT (1) This Agreement has been negotiated through a Single Bargaining Unit (SBU). (2) The SBU comprises representatives from the employer and the union. 10.—AVAILABILITY OF AGREEMENT Every employee will be entitled to a copy of this Agree- ment. In addition, a copy of this Agreement will be kept in easily accessible places within the Authority and the location of the copies will be communicated to all employees. 11.—OBJECTIVES AND PRINCIPLES The aim of this Agreement is to recognise the productivity improvements that have occurred through the restructuring of the Authority and to build on these achievements to enable further productivity improvement, to better meet the needs of customers and to ensure that the Authority’s outcomes are achieved. In this regard, the Agreement will assist in the achievement of the milestones listed in Clause 12—Produc- tivity Improvement. In particular, the parties are committed to achieve the Au- thority’s mission which is— “To be recognised for and provide clinical leadership and expertise in treatment, education and research to reduce drug-related harm in the community.” This Agreement will also provide employees with further options in balancing their work and family life. To secure the best health outcomes for the community the Authority is committed to being a learning organisation, de- livering continuous improvement in service delivery, working in strategic partnerships and ensuring value for money. The parties are committed to adopting the following principles— • evidence-based practice; • customer focus; • working in partnership; • value for money; • continuity of care; • innovation in service delivery; and • empowering the health workforce. 12.—PRODUCTIVITY IMPROVEMENT The parties are also committed to further improvement of the efficiency and effectiveness of the Authority. This is to occur through adoption of the principles outlined in Clause 11—Objectives and Principles of this Agreement. In particu- lar, the parties agree to implement the following milestones— • develop an improved client management system; • undertake an evaluation of the Community Based Methadone Program; • participate in the National Methadone Funding Trial; • develop training programs and resource materials to support general practitioner skills in alcohol and other drug treatment; • the Authority to become a registered training organi- sation; • a contract through CAMS being implemented for a panel of suppliers for education and training; and • develop an operational policy for education and train- ing. 13.—PRODUCTIVITY MEASUREMENT (1) The parties agree that the measurement and monitoring of productivity improvements is important because it provides critical feedback on the performance of the Western Austral- ian Alcohol and Drug Authority to management, employees and other relevant stakeholders. (2) It is agreed that employees’ understanding of productiv- ity measurement concepts is vital for performance monitoring arrangements to be successful on an ongoing basis. (3) Consistent with the above, it is agreed that the parties will decide if a productivity measurement model is required WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 79 W.A.I.G. 696 as part of an overall aim of assessing the extent to which the objectives of the Authority are achieved and of improving pro- ductivity in the Authority. If agreed by the parties, then a model will be jointly developed between management, employees and union. (4) The productivity measurement model will assess organi- sational productivity at the conclusion of the 1998/99 financial year and each subsequent financial year if appropriate. The productivity measurement model will measure the overall improvement in labour productivity at the Authority, rather than improvements at a divisional level only. (5) The methodology for measurement and/or calculations for assessment of productivity must be agreed by the parties and be available for examination by the union at any time dur- ing the life of the Agreement. (6) Agreed productivity measures should contain targets that are both realistic and achievable within agreed time frames. (7) The parties agree that relevant productivity measures as- sist in the attainment of the corporate goals of the Authority in the interests of clients, employees, the Authority and the Gov- ernment on behalf of the community. (8) Any proposed changes to the productivity measurement model will be as agreed between the parties. 14.—SHIFT WORK (1) In this Clause the following expressions shall have the following meaning— “Day shift” shall mean a shift commencing after 5.45am and before 12.00 noon. “Afternoon shift” shall mean a shift commencing at or after 12.00 noon and before 6.00pm. “Night shift” shall mean a shift commencing at or after 6.00pm and before 5.46am. “Public holiday” shall mean a holiday provided in Clause 20—Public Holidays of the Award. (2) (a) An employee required to work an afternoon or night shift of seven hours 36 minutes shall, in addition to the ordi- nary rate of salary, be paid an allowance for each afternoon or night shift worked in accordance with Schedule K of the Award. (b) Work performed during ordinary rostered hours on Sat- urdays or Sundays shall be paid for at the rate of time and one half and on public holidays at double time and one half. These rates shall be paid in lieu of the allowance prescribed in para- graph (a) of the this subclause. Provided that in lieu of the foregoing provisions of this para- graph and subject to agreement between employer and employee, work performed during ordinary rostered hours on a public holiday shall be paid at the rate of time and one-half and the employee may, in addition, be allowed a day’s leave with pay to be added to annual leave or to be taken at some other mutually convenient time within a period of one year. (c) An employee rostered off duty on a public holiday shall be paid at ordinary rates for such day or, subject to agreement between the employer and the employee, be allowed a day’s leave with pay in lieu of the holiday to be added to the em- ployee’s next annual leave entitlement or to be taken at a mutually convenient time within a period of one year. (d) An employee engaged on shift work who is rostered to work regularly on Sundays and/or public holidays shall be al- lowed one week’s leave in addition to the employee’s normal entitlement to annual leave of absence for recreation. (e) Additional leave provided by paragraphs (b) and (c) of this subclause shall not be subject to the normal annual leave loading prescribed by subclause (14) of Clause 19.—Annual Leave of the Award. (f) Work performed by an employee in excess of the ordi- nary hours for the employee’s shift or on a rostered day off shall be paid for in accordance with Clause 18.—Overtime of the Award. (g) (i) When an employee begins or ceases a shift between the hours of 11.00pm and 7.00am and no public transport is available, reimbursement at the appropriate rate of hire pre- scribed by subclause (4) of Clause 36—Motor Vehicle Allowances of the Award, shall be made if the employee’s private motor vehicle or motor cycle is used for the journey between the employee’s residence and headquarters, and the return journey. Provided, however, that any employee who, on or after the 30th October, 1987, elects to be permanently retained on a fixed or non-rotating shift that begins or ceases between the hours of 11.00pm and 7.00am shall not be eligible to claim this reimbursement. (ii) The provisions of this subclause shall only apply to em- ployees living and working within a radius of 50 km of the Perth City Railway Station. (3) (a) An employee engaged on shift work shall work a 76 hour fortnight, exclusive of meal intervals, on the basis of not more than ten shifts of seven hours 36 minutes duration. Pro- vided that where agreement is reached between the employer and the employee the length and/or number of shifts worked per fortnight may be altered. Provided also that, when the agreed length of a shift is ex- tended past seven hours 36 minutes, overtime shall be payable only for time worked in excess of the rostered shift. Provided also that whenever an agreed alteration to the number of hours per shift has occurred then the allowance per shift shall be varied on a pro rata basis to reflect any variation to other than seven hours and 36 minutes. (b) Meal breaks shall be for a period of at least 30 minutes, but not greater than one hour for each meal. (c) Employees may be rostered to work on any of the seven days of the week provided that no employee shall be rostered for more than six consecutive days. Provided that where agreement is reached between employer and employee, shift workers may be exempted from this pro- vision. (d) The roster period shall commence at the beginning of a pay period and continue for 28 consecutive days. Rosters shall be available to employees at least five clear working days prior to the commencement of the roster. (e) A roster may only be altered on account of contingencies which the employer could not have been reasonably expected to foresee. When a roster is altered, the employee concerned shall be notified of the changed shift 24 hours before the changed shift commences. Provided that where such notice is not given, the employee shall be paid overtime in accordance with Clause 18—Over- time of the Award for the duration of the changed shift. This provision shall not apply to an employee who was absent from duty on the employee’s last rostered shift. (f) An employee shall not be rostered for duty until at least ten (10) hours have elapsed from the time the employee’s pre- vious rostered shift ended. Provided that where agreement is reached between employer and employee the ten (10) hour break may be reduced to accommodate special shift arrange- ments, except that under no circumstances shall such an arrangement provide for a break of less than eight (8) hours. (g) An employee shall not be retained permanently on one shift unless the employee so elects in writing. (h) An employee shall be allowed to exchange shifts or days off with another employees provided the approval of the em- ployer has been obtained and provided further that any excess hours worked shall not involve the payment of overtime. The following salary increases are payable on the basis of implementation and continued co-operation in respect of those improvements in productivity and/or work practice changes outlined in Clause 12—Productivity Improvements. (2) The following increases will be payable during the life of this Agreement— (a) an increase of 3.5% from the beginning of the first pay period on or after the date of registration of the Agreement, and (b) a further increase of 3.5% from the beginning of the first pay period on or after twelve months from the date of registration. 16.—PARENTAL LEAVE (1) Definition (a) “Employee” includes full-time, part-time, permanent and fixed-term contract employees; and (b) “Replacement Employee” is an employee specifically engaged to replace an employee proceeding on pa- rental leave. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 697 79 W.A.I.G. (2) Eligibility for Parental Leave (a) An employee who is the primary care giver is enti- tled to a period of up to 52 weeks unpaid parental leave in respect of the birth or placement by adop- tion of a child to the employee or the employee’s spouse/partner. Before the expected birth or place- ment, the employee must have completed at least 12 months’ continuous service. Parental leave cannot be taken after 12 months of the birth or adoption of the child. (b) Where the employee applying for leave is the part- ner of a pregnant spouse, one week’s unpaid leave may be taken at the birth of the child concurrently with parental leave taken by the pregnant employee. (c) Subject to paragraph (b) of this subclause, where both partners are employed by the Authority the leave shall not be taken concurrently except under special cir- cumstances. (d) An employee adopting a child under the age of five years shall be entitled to three weeks unpaid paren- tal leave at the placement of the child and a further period of parental leave up to a maximum of 52 weeks. (e) An employee seeking to adopt a child shall be enti- tled to two days unpaid leave for the employee to attend interviews or examinations required for the adoption procedure. Employees working or residing outside the Perth metropolitan area are entitled to an additional day’s leave. The employee may take any accrued paid leave entitlement in lieu of this leave. (3) Other Leave Entitlements (a) An employee proceeding on parental leave may elect to utilise any accrued annual leave or accrued long service leave for the whole or part of the period of parental leave or extend the period of parental leave with such leave. (b) An employee may extend the maximum period of parental leave with a period of leave without pay subject to the Executive Director’s approval. (c) An employee on parental leave is not entitled to paid sick leave and other paid award absences except where otherwise provided for in this clause. (d) Where the pregnancy of an employee terminates other than by the birth of a living child then the employee shall be entitled to such period of paid sick leave or unpaid leave for a period certified as necessary by a registered medical practitioner. (e) Where a pregnant employee not on parental leave suffers illness related to the employee’s pregnancy or is required to undergo a pregnancy related medi- cal procedure the employee may take any paid sick leave to which the employee is entitled or such fur- ther unpaid leave for a period certified as necessary by a registered medical practitioner. (4) Notice and Variation (a) The employee shall give not less than four weeks’ notice in writing to the employer of the date the em- ployee proposes to commence parental leave stating the period of leave to be taken. (b) An employee seeking to adopt a child shall not be in breach of paragraph (a) of subclause (4) as a conse- quence of failure to give the stipulated period of notice, if such failure is due to the requirement of the adoption agency to accept earlier or later place- ment of a child, or other compelling circumstances. (c) An employee proceeding on parental leave may elect to take a shorter period of parental leave and may at any time during that period of leave elect to reduce or extend the period stated in the original applica- tion subject to the employer’s approval and provided four weeks written notice is provided. (5) Transfer to Safe Job (a) Where illness or risks arising out of pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue in her present duties, the duties shall be modified or the employee may be transferred to a safe position of the same classification until the com- mencement of parental leave. (b) If the transfer to a safe position is not practicable, the employee may take leave for such period as is certified necessary by a registered medical practi- tioner. (6) Replacement Employee Prior to engaging a replacement employee the employer shall inform the person of the temporary nature of the employment and the entitlements relating to return to work of the employee on parental leave. (7) Return to Work (a) An employee shall confirm the intention to return to work by notice in writing to the employer not less than four weeks prior to the expiration of the period of parental leave. (b) An employee on return from parental leave shall be entitled to the position which the employee occu- pied immediately prior to proceeding on parental leave. Where an employee was transferred to a safe job pursuant to subclause (5) hereof the employee is entitled to return to the position occupied immedi- ately prior to the transfer. (c) Where the position occupied by the employee no longer exists the employee shall be entitled to a po- sition of the same classification level with duties similar to that of the abolished position. (d) Subject to the employer’s approval, an employee may return on a part-time basis to the same position oc- cupied prior to the commencement of leave or to a different position at the same classification level on a part-time basis in accordance with the part-time provisions of the Award. (e) An employee who has returned on a part-time basis may revert to full-time employment at the same clas- sification level within two years of the recommencement of work. (8) Effect of Leave on Employment Contract (a) Fixed-Term Contract An employee employed for a fixed-term contract shall have the same entitlement to parental leave, however the period of leave granted shall not extend beyond the term of that contract. (b) Continuous Service Absence on parental leave shall not break the conti- nuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose under the Award or this Agreement. (c) Termination of Employment An employee on parental leave may terminate em- ployment at any time during the period of leave by written notice in accordance with the Award. An employer shall not terminate the employment of an employee on the grounds of the employee’s ap- plication for parental leave, or absence on parental leave, but otherwise the rights of the employer in relation to termination of employment are not af- fected. 17.—FAMILY CARERS LEAVE (1) An employee may use a total of 38 hours of his/her per- sonal accrued sick leave each year to supervise the convalescence of a family member, provided the employee retains at least ten days of sick leave for personal use each calendar year. (2) In this clause ‘family member’ means the employee’s spouse, de facto spouse, child, step-child, parent, step-parent, sibling or another person who lives with the employee as a member of the employee’s family. (3) The employee shall, wherever practicable, give the em- ployer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee (where applicable), the reasons for taking such leave and the estimated length of absence. If it is not practica- ble for the employee to give prior notice of absence, the WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 79 W.A.I.G. 698 employee shall notify the employer by telephone of such ab- sence at the first opportunity on the day of absence. (4) The employee shall, if required by the employer, estab- lish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another. (5) Family Carers Leave may be taken on an hourly basis. 18.—BEREAVEMENT LEAVE (1) On the death of— (a) the spouse or de facto spouse of an employee; (b) the child or step-child of an employee; (c) the parent or step-parent of an employee; (d) the brother or sister, or step-brother or step-sister of an employee; (e) the grandparent of an employee; or (f) any other person who immediately before that per- son’s death, lived with the employee as a member of the employee’s family. the employee is entitled to paid bereavement leave of up to 2 days. (2) The 2 days need not be consecutive. (3) Bereavement leave is not to be taken during a period of any other kind of leave. (4) An employee who claims to be entitled to paid leave under this Clause is to provide to the employer, if so requested by the employer, evidence that would satisfy a reasonable per- son as to— (a) the death that is the subject of the leave sought; and (b) the relationship of the employee to the deceased per- son. 19.—ANNUAL LEAVE LOADING (1) Annual leave loading is not payable for annual leave ac- crued while this Agreement is in operation. The loading has been incorporated into the salaries as per Schedule A—Sched- ule of Salaries of this Agreement. (2) For new employees, any accrued leave loading entitle- ments will be calculated based on the employee’s substantive level. This amount will then be paid in a lump sum at a time agreed to between the employer and employee. 20.—WORKFORCE DEVELOPMENT AND CAREER MOBILITY The parties agree to develop policies, practices and proce- dures to ensure compliance with Public Sector Standards in Human Resource Management. In line with the objectives and principles of this Agreement the parties agree that recruitment, development and retention of a highly skilled and stable workforce is essential to ongoing development of an efficient, productive and flexible organisation which is responsive to change. Keys to this aim are the provision of training, an equi- table appointment system and career path opportunities for all employees. The parties commit to developing agreed policies, practices and procedures to meet these principles. 21.—PART-TIME EMPLOYMENT (1) Definitions Permanent part-time employment is defined as regular and continuing employment up to designated full-time hours. (2) Part-Time Agreement (a) Each permanent part-time arrangement shall be con- firmed in writing and shall include the agreed period of the arrangement, and the agreed hours of duty in accordance with subclause (3) of this clause. (b) The conversion of a full-time employee to part-time employment can only be implemented with the writ- ten consent or by written request of that employee. No employee may be converted to part-time employ- ment without his/her prior agreement. Employer approval is required where an employee wishes to change from full-time to part-time employment. (3) Hours of Duty (a) The parameters for the working of permanent part- time employment shall be the “ordinary hours” of the Authority as defined in Clause 16 subclause(1) of the Award. (b) The employer shall specify in writing before a part- time employee commences duty, the prescribed weekly and daily hours of duty for the employee in- cluding starting and finishing times each day (“ordinary hours”). (c) The employer shall give an employee two (2) weeks notice of any proposed variation to that employee’s starting and finishing times and/or particular days worked, provided that the employer shall not vary the employee’s total weekly hours of duty without the employee’s prior written consent, or by mutual agreement between employer and employee. (d) There may be exceptional reasons for temporary vari- ations to an employee’s working hours. Since the usual reasons for seeking part-time employment are because of other commitments, any variations must be by mutual written agreement between employer and employee. If agreement is reached to vary an employee’s ordi- nary working hours pursuant to this subclause— (i) Time worked to 7 hours and 36 minutes on any day is not to be regarded as overtime but an extension of the contract hours for that day and should be paid at the normal rate of pay; and (ii) Overtime shall not be payable unless the total time worked on any day exceeds 8 hours. (e) Additional days worked, up to a total of five days per week, will also be regarded as an extension of the contract and will be paid at the normal rate. (4) Salary and Annual Increments (a) An employee who is employed on a part-time basis shall be paid a proportion of the appropriate full- time salary dependent upon time worked. The salary shall be calculated in the following manner— Hours worked per fortnight x full-time fortnightly salary 76 (b) A part-time employee shall be entitled to annual in- crements in accordance with the Award (Clause 12—Annual Increments) and subject to meeting the usual performance criteria. (5) Leave (a) A part-time employee shall be entitled to the same leave and conditions prescribed in this Agreement for full-time employees on a proportional basis. (b) Payment to an employee proceeding on accrued an- nual leave and long service leave shall be calculated on a pro rata basis having regard for any variations to the employee’s ordinary working hours during the accrual period. (c) Sick leave and any other paid leave shall be paid at the current salary, but only for those hours or days that would normally have been worked had the em- ployee not been on such leave. (6) Holidays A part-time employee shall be allowed the prescribed public holidays without deduction of pay in respect of each holiday which is observed on a day ordinarily worked by the part-time employee. (7) Right of Reversion (a) Where a full-time employee is permitted, at his or her initiative, to work part-time for a period no greater than 12 months in the position he or she occupied on a full-time basis before becoming part-time, that employee has a right (upon written application) to revert to full-time hours in that position or a position of equal classification as soon as is deemed practica- ble by the employer, but no later than the expiry of the agreed period. (b) A full-time employee who is permitted at his or her initiative to work part-time for a period greater than 12 months in the position he or she occupied on a WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 699 79 W.A.I.G. full-time basis before becoming part-time, may ap- ply to revert to full-time hours in that position but only as soon as is deemed practicable by the em- ployer. (c) A part-time employee who was previously a full-time employee within the Authority, who occupies a part- time office which was the initiative of management and who desires to revert to full-time employment will be required to seek promotion or transfer to a full-time position by— (i) application for advertised vacancies; and/or (ii) by notification in writing to the employer of his or her desire to revert to full-time employ- ment (d) Nothing in paragraph (c) of this subclause shall pre- vent the employer, with the written consent of the employee, transferring that employee to a full-time position at a level less than the employee’s substan- tive level. Prior to effecting the transfer of an employee under paragraph (c) of this subclause the employer shall— (i) notify the employee of the specific position to which the employer proposes to transfer the employee; and (ii) obtain the written consent of the employee to his or transfer to that position. 22.—CEREMONIAL/CULTURAL LEAVE (1) Employees are entitled to up to ten days leave per year for tribal/ceremonial/cultural purposes. (2) Such leave shall include leave to meet the employee’s customs, traditional law and to participate in ceremonial and cultural activities. (3) Ceremonial/cultural leave may be taken as whole or part days. Each day, or part thereof, shall be deducted from annual leave and/or long service leave entitlements. (4) The employer may request reasonable evidence of the legitimate need for the employee to be allowed time off. Prior notice must be given of the intention to take the leave, the reasons for taking the leave and the estimated length of ab- sence. (5) Time off without pay may be granted by agreement be- tween employer and employee. 23.—DEFERRED SALARY SCHEME (1) By written agreement between employer and employee, an employee may be paid 80% of his/her normal salary under this Agreement, and any other relevant agreement upon the expiry of this Agreement, over a five year period. The fifth year would then be taken as leave with pay at 80% of the normal salary and would be treated as continuous service. The leave may not be accrued unless the employer agrees to ac- crual. (2) In deciding whether to support a particular request for this arrangement, the employer will take into account factors such as the operational requirements of the Authority. To sat- isfy operational requirements, the number of employees allowed to work under this arrangement may be restricted at any one time and/or the timing of the arrangements may need to be staggered. (3) An employee may withdraw from this arrangement in writing. He/she would then receive a lump sum equal to the accrued credit, paid at a time agreed between employer and employee. (4) Any paid leave taken during the first four years of the arrangement shall be paid at 80% of the employee’s normal salary. (5) It is the responsibility of the employee to investigate the impact of the arrangement on his/her superannuation and taxa- tion. 24.—HOURS OF DUTY (1) The employee’s normal hours of work will be an aver- age of 38 hours per week. Employees classified at Level 6 and above will work the number of hours required by the employer to meet the needs of the customers and the operational re- quirements of the employer. (2) All allowances and leave entitlements available under the Award are to be based on a 38 hour week. 25.—WORKFORCE FLEXIBILITY The employer may require an employee to carry out such duties as are within the limits of the employee’s skill, compe- tence and training and may require an employee to be based at any Authority workplace. It is the employer’s responsibility to provide a safe and healthy work environment. The employer shall provide any training which may be necessary to enable the employee to carry out his/her duties. 26.—HIGHER DUTIES ALLOWANCE A Higher Duties Allowance will be payable after ten con- secutive days of acting, in which case the Allowance will be payable only for the higher duties performed after the ten day period. Periods of acting for ten consecutive days or less will be recorded in personal records. 27.—SHORT LEAVE Short leave will not be available to employees covered by this Agreement. 28.—SALARY PACKAGING (1) An employee may enter into a salary packaging arrange- ment with his/her employer. (2) Salary packaging is an arrangement whereby the entitle- ments under this Agreement, contributing toward the Total Employment Cost (as defined) of an employee, can be reduced by and substituted with another, or other benefits. (3) For the purpose of this clause, Total Employment Cost (TEC) is defined as the cost of salary and other benefits ag- gregated to a total figure or TEC, less the cost of Compulsory Employer Superannuation Guarantee contributions. The TEC for the purposes of salary packaging, is calculated by adding— (a) The base salary; (b) Other cash allowances eg annual leave loading, (c) Non cash benefits eg superannuation, motor vehi- cles, etc; (d) Any Fringe Benefit Tax liabilities currently paid; and (e) Any variable components, eg performance based in- centives (where they exist). (4) Where an employee enters into a salary packaging ar- rangement he/she will be required to enter into a separate written agreement with the employer that sets out the terms and conditions of the arrangement. (5) The salary packaging arrangement must be cost neutral in relation to the total cost to the employer. (6) The salary packaging arrangement must comply with rel- evant taxation laws and the employer will not be liable for additional tax, penalties or other costs payable or which may become payable by the employee. (7) In the event of any increase or additional payments of tax or penalties associated with the employment of the em- ployee or the provision of employer benefits under the salary packaging agreement, such tax, penalties and any other costs shall be borne by the employee. (8) In the event of significant increases in Fringe Benefit Tax liability or administrative costs relating to arrangements under this clause, the employee may vary or cancel a salary packaging arrangement. (9) The cancellation of salary packaging will not cancel or otherwise affect the operation of this Agreement. (10) An employer shall not unreasonably withhold agree- ment to salary packaging on request from an employee. (11) The Dispute Settlement Procedure contained in this Agreement shall be used to resolve any dispute arising from the operations of this clause. Where such a dispute is not re- solved, the matter may be referred by either party to the