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BCS CLASSIFICATION: SM_Policy_Allowances FILE NUMBER: 2008/005763-01 INSTRUCTIONS AND GUIDELINES Allowances September 2012 C_LDR07/1 This Instruction & Guideline refers to Practice Statement: C_LDR_07 Conditions of Employment in the Australian Customs and Border Protection Service Published date: 9 October 2012 Availability: Internal and External Subject: Allowances Purpose: To detail the allowances Customs and Border Protection Service employees may be entitled to dependent upon the demands of the work environment and their activities Owner: National Director People and Corporate Services Category: Corporate Sub Category: Leadership and Workforce Contact: Director, Employee and Industrial Relations The electronic version published on the intranet is the current Instruction and Guideline.

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Page 1: INSTRUCTIONS AND GUIDELINES - Department of … · INSTRUCTIONS AND GUIDELINES Allowances ... To detail the allowances Customs and Border Protection ... artificial means to 7 degrees

BCS CLASSIFICATION: SM_Policy_Allowances

FILE NUMBER: 2008/005763-01

INSTRUCTIONS AND GUIDELINES

Allowances

September 2012

C_LDR07/1

This Instruction & Guideline refers to Practice Statement: C_LDR_07 Conditions of Employment in the Australian Customs and Border Protection Service

Published date: 9 October 2012

Availability: Internal and External

Subject: Allowances

Purpose: To detail the allowances Customs and Border Protection Service employees may be entitled to dependent upon the demands of the work environment and their activities

Owner: National Director People and Corporate Services

Category: Corporate

Sub Category: Leadership and Workforce

Contact: Director, Employee and Industrial Relations

The electronic version published on the intranet is the current Instruction and Guideline.

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TABLE OF CONTENTS

1. Introduction ............................................................................................................................... 4

2. Breakfast Allowance ................................................................................................................. 4

3. Building Activity Disability Allowance ..................................................................................... 4

4. Cargo Examination Facilities Allowance ................................................................................. 7

5. Cold Work Disability Allowance ............................................................................................... 7

6. Community Language Allowance (CLA) ................................................................................. 7

7. Competency Assessment and Training Officer (CATO) and Custodial Firearms Instructor (CFI) Allowance ............................................................................................................................. 9

8. Confined Space Disability Allowance .................................................................................... 10

9. Container Examination Facility Composite Allowance (CEFCA) ......................................... 11

10. Departmental Liaison Officer (DLO) Allowance .................................................................. 11

11. Detector Dog Handler Allowance ......................................................................................... 11

12. Dirty or Offensive Work Disability Allowance ..................................................................... 12

13. Domestic Care Support Scheme .......................................................................................... 13

14. Epoxy-Based Materials Disability Allowance ...................................................................... 14

Summary of main points

This Instruction and Guideline outlines the following information relating to Customs and Border Protection use of Allowances:

• types of allowances utilised by Customs and Border Protection;

• eligibility requirements to receive the allowances.

This I&G applies to employees in:

All work areas of Customs and Border Protection Service

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15. Excess Travelling Time ........................................................................................................ 14

16. First Aid Allowance ............................................................................................................... 17

17. Flying Disability Allowance .................................................................................................. 20

18. Higher Duties Allowance (HDA) ........................................................................................... 20

19. Intermittent Driving Allowance ............................................................................................. 23

20. Kennel Hands Allowance ...................................................................................................... 23

21. Marine Accommodation (Non-Marine Employees) Allowance ........................................... 23

22. Motor Vehicle Allowance (MVA) ........................................................................................... 24

23. Operational Safety Trainer (OST) and Operational Capability Trainer (OCT) Allowance . 24

24. Operational Trainer Separation Allowance ......................................................................... 25

25. Overtime Meal Allowance ..................................................................................................... 25

26. Restriction Allowance ........................................................................................................... 27

27. Self Contained Breathing Apparatus Allowance (SCBA) ................................................... 28

28. Torres Strait Customs Officer Allowance ............................................................................ 28

29. Use of Force (UoF) Allowance .............................................................................................. 29

30. Volunteer Allowance ............................................................................................................. 29

31. Work Location Allowance ..................................................................................................... 32

32. Clothing Allowances ............................................................................................................. 38

33. Customs Level 5 Allowances & Entitlements ..................................................................... 39

34. Customs Level 4 Entitlements ............................................................................................. 41

35. Overseas Travel and Conditions .......................................................................................... 42

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1 . I N T RO D U C TI ON

Customs and Border Protection is committed to maintaining a flexible, multi-skilled and responsive workforce where salary recognises demonstrated skills. However, where Customs and Border Protection places additional requirements or disabilities on employees, the following range of allowances may be payable under Clauses 14, 18, 19 and/or Clause 21 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014 (Enterprise Agreement).

This Instruction and Guidelines should be read in conjunction with the Enterprise Agreement.

Where allowances increase at the same time as base pay rates, the effective date of the increase will be the first pay period on or after the specified date of increase, unless otherwise indicated.

2 . B RE AK F AS T AL L O W AN C E

Clause 18.1 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Where an employee is required to perform extra duty before commencing normal duty, and is required to:

• attend duty for a ship or aircraft; and • commence extra duty before 6.30 am; and • perform extra duty of not less than 90 minutes duration; but • due to exceptional circumstances is not provided with an unpaid break for a meal

before commencing normal duty;

the employee is to be paid a breakfast allowance.

Where possible the employee should take a break, however employees are entitled to either an unpaid meal break, or a breakfast allowance, but not both. Employees who are provided with an unpaid meal break prior to commencing normal duty must not also apply for breakfast allowance.

For the purposes of this clause ‘attend’ shall mean being in the physical vicinity of the ship or aircraft to enable boarding or surveillance duties to take place. This does not include monitoring a craft via CCTV or Passenger Processing and Cargo Examination activities undertaken at an airport.

The rate of breakfast allowance is prescribed in Clause 18.1 of the Enterprise Agreement. In cases where breakfast allowance is paid, there is no entitlement to overtime meal allowance for the same period.

3 . B UI L DI NG AC T I V I T Y D I SAB I L I T Y AL L O W AN C E

Clause 18.2 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Definitions

For the purpose of this clause:

"Disabilities" means the detrimental effects on the working conditions of office based employees caused by a variety of factors including one or generally more of the following: dust, noise, fumes, heat, vibrations, cold, wet, dirt, loss of amenities, general inconvenience; and

"Building activities" means any building activities which may cause disabilities at an office location.

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Range of measures

Consultation between Customs and Border Protection, affected employees, and their nominated representative(s), will seek to establish a range of measures, including temporary relocation, to prevent employees from being subjected to any "disabilities."

These measures could also include allowing short breaks away from the workplace, or providing for time away from the office location. There is no provision for the discussions to result in the building activities being stopped from going ahead.

Notification

Customs and Border Protection will provide written advice to affected employees and their nominated representative(s) as soon as practicable after Customs and Border Protection becomes aware that “building activities" may cause "disabilities" at a particular office location. This advice will be provided prior to discussions.

Details to be provided in the advice include, but are not limited to:

• the details of the proposed building activities including the proposed timing of such activities;

• the number and location of employees likely to be affected; and

• the measures proposed to be taken to reduce the impact of building activities. These may include suitable temporary accommodation, temporary provision of equipment or facilities to improve conditions and other suitable and appropriate measures.

Relocation

Where, following consultation, employees are to be relocated to suitable temporary accommodation for a period, Customs and Border Protection will provide the employees with details of the proposed relocation as soon as practicable.

Different locations

If the suitable temporary accommodation is in a number of different locations, Customs and Border Protection will consult with affected employees and their nominated representative(s) as to which of the other locations individual employees may be attached, having regard to operational requirements and the minimisation of excess travel.

Eligibility for excess fares and travelling time

Where employees are temporarily relocated the excess travelling time and excess fares provisions apply for the duration of the temporary relocation. Payment is subject to the eligibility criteria as defined in Clause 18.14 of the Enterprise Agreement.

Emergencies

Under the Work Health and Safety Act 2011 Customs and Border Protection has an obligation to ensure the health and safety of employees. In the case of an emergency (for example a natural disaster such as an earthquake), any immediate action considered appropriate does not require prior consultation with affected employees and employee nominated representatives.

Employees and Managers should discuss and implement interventions to avoid the effects arising from – for example – construction works.

Discussion on measures to prevent employees from being subjected to disabilities should begin as soon as possible, and proceed according to the process outlined above.

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Payment of allowance

In situations where, following the operation of the procedures in this clause and/or due to unavoidable or other particular circumstances, "disabilities" exist at a particular office location; or in situations where it is agreed that not all disabilities are capable of being satisfactorily reduced, addressed or eliminated; or where due to unavoidable or other particular circumstances disabilities exist at a particular office location used by Customs and Border Protection; or where employees cannot be temporarily relocated, affected employees will be paid an allowance of $10 per day.

Disabilities

The following is a list of disabilities as they may occur in the workplace during periods of building activity:

Dust If saws, drills, planers etc are being used; may originate from disturbing ceiling tiles – changing, installing or removing for purposes of pulling through electrical cables; may include disturbing fibreglass insulation mats; removing carpet as a part of total refurbishment; removing and installing internal walls.

Noise There may be a broad spectrum of causes, for example if power tools are used, including explosive powered tools, electric hand tools, jack hammers, hammers, large and powerful equipment used outside.

Fumes Painting (even if done outside working hours), the use of glue, adhesives and heat-sealing machines (for example, for joining carpet underlay), cleaning and other chemicals.

Heat Loss of ventilation, air-conditioning shut-down (totally or partly), exposure to sunlight, lack of shading, excessive unprotected glass surfaces.

Vibration Usually as a result of the use of a variety of heavy electrical tools or jackhammer; may result from external building activities carried out by others.

Cold As for heat, lack of heating, open windows or doorways; loss of insulation.

Wet The use of water in association with building activities, no dry walkways, wet walls, humidity.

Dirt Includes building waste, no clean access to workplace by employees and the public.

Loss of amenities Loss of access to normal amenities such as tea room, hot water, coffee making, refrigerator, change rooms.

General Overcrowding, loose electrical wiring. Inconvenience Telephone or computer access if the use is necessary for the

performance of duties; includes inconvenience to clients.

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4 . C AR G O E XAM I N AT I O N FAC I L I T I E S AL L O W AN C E

Clause 18.3 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Eligibility

Employees whose classification is Customs Level 1 or Customs Level 2 and who are required to perform duty at the Cargo Examination Facilities located in Darwin, Launceston, Townsville and Newcastle where their attendance is for a minimum period of two (2) hours on any given day will be entitled to a payment per day.

The quantum of the allowance is specified in the Enterprise Agreement.

5 . C O LD W O RK DI S AB I L I T Y AL L O W AN C E Clause 18.4 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Eligibility

Employees who are required to perform duty in a place where the temperature is reduced by artificial means to 7 degrees Celsius or below, other than employees working at Container Examination Facilities, will be entitled to payment of a cold work allowance where duty is performed as follows:

• between minus 1 degree Celsius and 7 degrees Celsius inclusive; • between minus 2 degrees Celsius and minus 18 degrees Celsius inclusive; or • below minus 18 degrees Celsius.

Adjustment

Employees who become overheated working outside a cool chamber will be allowed time to cool down before entering the chamber.

Rest breaks

Employees working in temperatures below 0 degrees Celsius will be entitled to twenty minutes rest after every two hours work.

The quantum of the allowance for the respective temperature ranges is specified in the Enterprise Agreement.

6 . COM M U NI TY L AN G U AG E AL L O W AN C E (C L A)

Clause 18.5 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Community Language Allowance (CLA) is paid to appropriately qualified employees who use their language skills in carrying out their duties. Communication usually involves languages other than English.

CLA recipients would ordinarily perform simple communication tasks – for use in over the counter or desk type situations. They should not be expected to perform ongoing interpreting and/or translating work.

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Eligibility

Employees are entitled to payment of an allowance where it is determined that there is an identifiable and continuing need to provide client or employee services in a language other than English, and the employee’s language competence meets prescribed standards.

Eligibility should be reviewed annually or whenever the employment status or work requirements of the employee alter.

Qualifications

To be eligible for the payment of CLA employees are firstly to be accredited by the National Accreditation Authority for Translators and Interpreters (NAATI). This usually involves testing of the employee by NAATI. Customs and Border Protection meets the cost of the test where it has identified a need for the particular language in which the employee is to be tested.

NAATI has the following designations for its accredited practitioners:

• Paraprofessional Interpreter; • Translator, Interpreter; • Advanced Translator, Conference Interpreter; and • Advanced Translator (Senior), Advanced Interpreter (Senior).

NAATI also has an accredited designation of Language Aide, which was devised specifically for government departments to assist in the assessment of eligibility for language allowances. NAATI conducts annual tests for Language Aide. Tests may be arranged at times outside those scheduled, but attract a higher fee.

Where assessment in a language is not offered by NAATI, assessment by another individual or body may be approved, provided that the individual or body has the necessary expertise to assess the language skills and has sufficient knowledge of NAATI levels and competencies required to determine the appropriate level of CLA.

Rate of payment

CLA is paid at either of two annual rates (CLA Rate 1 or CLA Rate 2), depending on the level of competence of the employee concerned. The rates are specified at Clause 18.5 of the Enterprise Agreement.

CLA rate 1 is payable to an employee who:

• has passed the Language Aide Test conducted by NAATI; • is recognised by NAATI to possess equivalent proficiency; • is assessed to be at the equivalent level by an individual or body approved by

Customs and Border Protection; or • is waiting to be assessed by means of assessment specified immediately above and

whose supervisor certifies that the employee uses the language skills to meet operating requirements of the workplace, until such time as the assessment is completed.

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CLA rate 2 is payable to an employee who: • is accredited or recognised by NAATI at the Paraprofessional Interpreter level or

above; or • is assessed to be at the equivalent levels by an individual or body approved by

Customs and Border Protection.

CLA may be paid from the date of application or from the date at which it is determined that the need for the language has been demonstrated. Delegates must ensure that there is a bona fide requirement for the language skills to be used prior to the payment of CLA being authorised. Continued payment of CLA should be reviewed annually by Regional People Services in each Region to ensure ongoing validity of the payment.

CLA is only paid as a single annual allowance, irrespective of the number of languages in which an employee maybe accredited. Similarly there is no facility to pay both rates where, for example, an employee has Rate 1 accreditation in one language as well as Rate 2 accreditation in another language. In such a case, the higher rate would be paid.

This allowance is paid fortnightly and will be paid on a pro-rata basis for part-time employees.

7 . C OM PE T E NC Y AS S E SSM E N T AN D T R AI N I N G O F FI CE R ( C AT O ) AN D C U S T O DI AL F I RE AR M S I NS T RU C T O R ( C F I ) AL L O W AN C E

Clause 18.6 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Eligibility

The allowance is in recognition of the extra workload voluntarily performed by employees who undertake the CATO and/or CFI role in addition to their normal duties.

Employees who hold the required certification to train and assess other employees in the use of operational technologies and/or custodial firearms and:

a) volunteer to undertake this role in addition to their normal duties; and b) are recognised by the work area as performing a Competency Assessment and

Training Officer (CATO) or Custodial Firearms Instructor (CFI); and c) are required by the Agency to undertake this role

will be eligible for an allowance.

The allowance will only be payable if the employee maintains the relevant certification in the operational technology, holds and maintains any training and assessment qualification required by Customs and Border Protection and is required by the work area to perform the CATO and/or CFI role.

Allowance

The allowance will be paid fortnightly based on a tiered structure in accordance with the number of operational technologies the CATO and/or CFI is required to train and assess as per amount listed in the Table below.

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Allowance effective from the first full pay period on or after:

$ per fortnight

Commencement 1 May 2012 1 July 2013

One to three technologies

35.00 35.70 36.41

Four to six technologies

40.00 40.80 41.62

Seven or more technologies

45.00 45.90 46.82

For the purposes of the CATO/CFI allowance, technology will be defined as the particular individual detection tool used in the work area. For example, a CATO who trains and assesses other employees in the operation and use of StreetLab, Sabre 4000, HazMat ID and the Biosens would be eligible for payment of $40.80 per fortnight in line with 4 technologies.

Employees will receive payment of the allowance while on paid annual, personal and emergency leave. The allowance will not be paid for absences on all other leave. For the purpose of this allowance the role of CFI will count as one technology. Technical specifications regarding training and assessment of qualifications will be determined by Technology and Enforcement Capability Branch who have implemented a nationally consistent approach to the use of operational detection and identification technologies throughout the Agency. Further information is at OPERATIONALDETECTIONANDIDENTIFICATIONTECHNOLOGIES2012.pdf

The allowance will not count as salary for superannuation for any purpose.

8 . CO N FI NE D S P AC E D I S AB I L I T Y AL L O W AN C E

Clause 18.7 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Eligibility

Eligible employees with appropriate training who are required to perform duty in a compartment, space or place, the dimensions of which necessitate the employee working in a stooped or otherwise cramped position, or without proper ventilation, other than employees working at Container Examination Facilities, will be entitled to payment of the Confined Space Disability Allowance.

The quantum of the allowance is specified in the Enterprise Agreement.

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9 . CO N T AI N E R EX AM I N AT I ON F AC I L I TY COM PO SI TE AL L O W AN C E (C E F C A)

Clause 18.8 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Eligibility

This allowance is only payable to Customs Level 1 and 2 employees assigned to duties at the Container Examination Facility and is to be ceased during periods of higher duties above these levels (i.e. HDA as a Level 3 or above). A Customs Level 1 employee acting in a Customs Level 2 position would still continue to receive the allowance during periods of HDA. The allowance is paid in lieu of the Cold Work Disability, Dirty or Offensive Work Disability, and Confined Space Disability allowances.

Exclusion

Employees with a medical condition that precludes them from performing work which would attract the allowances that this allowance is payable in lieu of are ineligible to receive the CEFCA.

This allowance is paid fortnightly and will be paid on a pro-rata basis for part-time employees.

This allowance will continue to be paid to eligible employees while on paid annual, personal and emergency leave. The allowance will be ceased for absences on all other leave.

1 0 . D E P AR T M E N TAL L I AI S O N O F FI C ER ( D L O) AL L O W AN C E

Clause 18.9 of the Australian Customs and Border Protection Service Enterprise Agreement –2011 - 2014

Eligibility

Employees who are required to perform the duties of Departmental Liaison Officer (DLO), and attend for duty for the whole of the ordinary hours of duty on a day at the office of the Minister are entitled to be paid DLO allowance at the rate specified in Clause 18.9 of the Enterprise Agreement.

DLO allowance recognises that employees performing these duties are subject to the same working hours as the Minister’s office, which, particularly during periods when Parliament is sitting, may be long and irregular. Employees performing duty as the DLO and being paid the DLO allowance are not entitled to the payment of overtime.

This allowance is paid fortnightly and will be paid on a pro-rata basis for part-time employees. This allowance will continue to be paid to eligible employees while on paid leave.

11 . D ET E C TOR DO G H AN D L E R AL L O W AN C E

Clause 18.10 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Eligibility

Employees who are required to handle a detector dog and occupy a designated Customs Level 1 or Customs Level 2 Operational Detector Dog Handler position are entitled to the Detector Dog Handler Allowance in recognition of the unique skills involved with working with a dog.

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This allowance is only payable if the employee has passed the Detector Dog Program Final Evaluation Course and maintains the required competencies.

Operational Detector Dog Handler positions are Customs Level 1 positions and Customs Level 2 positions currently in the ports of Adelaide, Cairns, and Darwin.

Customs Level 1 employees required to continue to deploy and maintain an operational detector dog while performing higher duties will be entitled to the Detector Dog Handler Allowance.

Customs Level 2 employees, other than Operational Detector Dog Handlers, e.g. Team Leaders who are required to deploy and maintain an operational detector dog for a period of not less than 2 weeks will be entitled to the Detector Dog Handler Allowance for that period.

The quantum of the allowance is specified in the Enterprise Agreement.

1 2 . D I R TY O R O F FE N SI V E WO R K DI S AB I L I T Y AL L O W AN C E

Clause 18.11 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Eligibility

Eligible employees who are required to perform duty which Customs and Border Protection determines to be of an unusually dirty or offensive nature, other than employees working at Container Examination Facilities, will be entitled to an allowance, the quantum of which is set in the Enterprise Agreement.

Dirty work is that where an employee is exposed to foul, unclean or dirty substances.

Offensive work is that where an employee is exposed to very unpleasant or disagreeable odours.

Examples of dirty substances are:

• animal or human waste, by-products or residue; • rotting, decaying, putrid or contaminated substances or matter; • fats, oils or greases (particularly if used or contaminated); • soot or dirty smoke; • objects or substances which when handled leave residues requiring a thorough and

comprehensive cleaning process to remove the residue from the body, clothes or equipment.

Examples of offensive substances are:

• pungent, nauseating or acrid smoke or fumes (except from epoxy-based materials); • animal or human waste, by-products or residue; • rotting, decaying or putrid substances or matter; • malodorous mud.

Examples of dirty or offensive work are:

• attending at controlled toilets; • searching toilets; • searching quarantine bins; • searching aircraft waste; • searching filthy or greasy cargo; • attending waste disposal areas; • cleaning kennels or vehicles soiled by dogs; • searching livestock vessels.

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It should be noted that the examples provided above are not exhaustive and that other similar or related duties may also fit this category.

Exclusion

Employees with a medical condition that precludes them from performing work which would attract the allowance are ineligible.

Employees exposed to epoxy-based materials are eligible for the Epoxy-Based Materials Disability Allowance rather than the Dirty or Offensive Work Disability Allowance.

Employees whose classification is Customs Officer Level 1 (work value 1) designated as Kennel Hands, who are required to handle animal waste, by-products or residue, are eligible for the Kennel Hand Allowance. Employees receiving the Kennel Hands Allowance would not be paid the Dirty and Offensive Work Disability Allowance unless they undertook additional duties as listed above that did not include those relating to the collection and disposal of animal waste and the cleaning of kennels or vehicles soiled by dogs.

1 3 . D OM ES TI C C AR E S UP POR T S C H EM E

Clause 18.12 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Domestic Care Support Scheme Guidelines

Employees may apply to Customs and Border Protection for financial support to a maximum of $500 per annum if they incur domestic care costs while undertaking training and development activities. It does not cover situations that are ordinarily part of the duties of the position, for example interstate travel. An application for Domestic Care Support requires endorsement by the team leader/manager for approval by the Regional Director, National Director People and Corporate Services or National Managers People and Corporate Services. Approval must be obtained prior to the care being undertaken.

The criteria for providing support are:

• that the phrase "domestic care" refers to that care provided by the primary care giver to other members of the household;

• that the primary care giver is the person who, when at work, is solely responsible for the care of a person, or persons, who ordinarily reside in the same premises;

• that the training or development activity for which financial support is sought is necessary for the employee to be fully effective in the position he/she occupies; and

• that the training or development activity for which financial support is sought requires arrangements to be made that are outside the normal care arrangements.

Conditions

• That the amount provided will be limited to $500 per person per annum; • If approved, the financial support will be provided upon presentation of receipts; • This support does not include care for pets; • Support is not an entitlement or condition of service; and • Agreement to provide support is at the discretion of the delegates as per the HR

Delegations.

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14 . E PO XY - B AS E D M AT E R I AL S D I S AB I L I T Y AL L O W AN C E

Clause 18.13 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Eligibility

Eligible employees will be entitled to payment of the rates of allowance for duty performed:

• using epoxy-based materials; • using materials which include or require the addition of a catalyst hardener and

reactive additives or two pack system; or • working in close proximity to employees engaged in using either of the above so as

to be affected by the materials.

The quantum of the allowance is specified in the Enterprise Agreement.

1 5 . EX C ES S TR AV E L L I N G T I M E

Clause 18.14 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Eligibility

Employees whose annual salary exceeds the maximum pay point for Customs Level 3 are not eligible for this allowance.

Payment will not be made unless the excess time exceeds:

• one half hour in any one day; or • two and one half hours in any fortnight.

Payment will be limited to a maximum of five hours in any one day.

Rates of Payment

Subject to a maximum hourly rate of payment derived from the employee’s annual salary, employees eligible for this allowance will be paid at:

• single time on Mondays to Saturdays; • time and a half on Sundays and Public Holidays

Excess Travelling Time will be paid in the following circumstances:

15.1 Different Work Site/Same Locality

Employees who are required to perform duty, not including overtime duty, away from their usual location of work may be paid for time necessarily spent in travel in excess of:

• the employee’s usual hours of duty for the day, including the time to travel to and from their normal place of work.

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15.2 Different Work Site/Different Locality (Travel by Air)

Domestic Travel

Where an employee is required to travel by air to attend for duty, including overtime duty, in a different locality, they will be entitled to payment for excess travel time that falls outside of their normal rostered hours of work.

As employees are required to check-in approximately 45 minutes prior to their domestic flight’s advertised departure time, excess travel time calculations will include:

• length of time to travel from home or the office to the airport; plus • 45 minutes (check–in time); plus • time spent in transit e.g. in flight or waiting for connecting flights; plus • length of time to travel from the airport to destination; less • normal time to and from their normal place of work. (NB – There is no requirement

for employees to deduct the time it would take to travel to and from their normal place of work if travelling on rostered days off.)

International Travel

Where an employee is required to travel by air to attend for duty, including overtime duty, in a different locality, they will be entitled to payment for excess travel time that falls outside of their normal rostered hours of work.

As employees are required to check-in approximately 90 minutes prior to their international flight’s advertised departure time, excess travel time calculations will include:

• length of time to travel from home or the office to the airport; plus • 90 minutes (check–in time); plus • time spent in transit e.g. in flight or waiting for connecting flights; plus • length of time to travel from the airport to destination; less • normal time to and from their normal place of work. (NB – There is no requirement

for employees to deduct the time it would take to travel to and from their normal place of work if travelling on rostered days off.)

15.3 Different Work Site/Different Locality (Travel by Road/Public Transport)

Where an employee is required to travel by road to attend for duty, including overtime duty, in a different locality, they will be entitled to payment for excess travel time that falls outside of their normal rostered hours of work.

Excess travel time payments will be calculated as follows:

• If travelling by car, calculation will commence from the actual time of departure to the actual time of arrival at destination less normal time to and from their normal place of work.

Example: Employee living on the Sunshine Coast and normally based at Brisbane Airport is required to attend for duty at the Brisbane CEF. Normal travel time to and from work at the Airport is 40 minutes each way (Total 80 mins). Travel time from home to and from the CEF is 80 minutes each way (Total 160 mins). Employee would be entitled to claim 80 mins ETT each day they are required to attend for duty at the CEF.

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• If travelling by public transport e.g. bus or train, calculation will commence 30 minutes prior to advertised time of departure from the bus terminal or railway station, to the actual time of arrival at destination less normal time to and from their normal place of work.

Travel on Rostered Days Off

Employees who are required to travel, for operational reasons on their Rostered Days Off (RDOs), including weekends for non shift workers will not be required to deduct their usual travel time to and from their usual workplace from the total time travelled.

Time in lieu

Prior to travel being undertaken, agreement should be reached between the employee and the supervisor as to whether the employee will claim either payment or time in lieu for any excess travel time.

If the employee agrees, local informal arrangements can be entered into whereby the employee may be granted time in lieu for excess travel time. Time in lieu will be on an hour for hour basis. Supervisors and employees should maintain manual records for time in lieu of excess travel time as it is not cannot be recorded in COMPASS.

Travel time

Travelling time will include:

• the time during which employees have to wait due to unavoidable delays and/or connections in appropriate public transport;

• in the case of employees who undertake single day travel and are not absent overnight, the time spent outside the usual hours of duty for the day in waiting between the time of arrival at the place of work and the time of commencement of work, and/or between the time of ceasing work and the time of departure of the first available means of public transportation or other conveyance; and

• time spent in travelling on transfer in all cases where transfer expenses are allowed except where the transfer involves promotion which carries increased pay.

Travelling time will not include time of travelling by ship on which accommodation and meals are provided. Care of kit is not duty within the meaning of this allowance.

Camping

Employees in a camping party will not be entitled to payment for excess travelling time, but will be required to travel from camp to the locality of the work within the prescribed hours of duty, returning from the locality of the work to the camp in the employee's own time after ceasing duty, or vice versa, as agreed with employees.

Payment during organisational change

Employees who are re-assigned from one location to another as a direct result of significant organisational or accommodation change will be eligible for excess travelling time and excess fares allowance for a period of six months from the date of assignment.

Payment made as a result of organisational change will not be subject to the barrier or maximum hour rate specified in this clause.

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Excess fares

Eligible employees who incur excess fares while performing duty temporarily away from their normal location of work will be entitled to reimbursement, subject to the following exclusions:

• employees in receipt of travelling allowance or reimbursement of fares will not be paid an allowance or be entitled to reimbursement; and/or

• employees who have been notified in writing to proceed to another location in anticipation of a permanent reassignment to that location will not be paid an allowance or be entitled to reimbursement.

1 6 . F I R S T AI D AL L O W AN C E

Clause 18.15 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

This is an allowance paid to employees who are appointed to, and actively perform the role of, a First Aid Officer in a Customs and Border Protection workplace.

Eligibility

To be eligible to receive an allowance, an employee must either

• be appointed to act as a First Aid Officer – the number of First Aid Officers will be established by the Regional WHS co-ordinator in consultation with the workplace following a First Aid risk assessment conducted in accordance with the WHS Policy Instruction and Guideline – First Aid; and

• hold a current First Aid Certificate issued by an accredited organisation; and • actively fulfil the duties of a First Aid Officer as outlined in the WHS Policy

Instruction and Guideline -First Aid; or • hold a valid Use of Force permit and work in a designated Use of Force position;

and • hold a current First Aid Certificate as required for UoF training issued by an

accredited organisation.

First Aid Officers will be appointed based on a risk assessment conducted in accordance with the risk management processes outlined in the WHS Policy Instruction and Guideline - First Aid. Only appointed/designated First Aid Officers will be paid a First Aid Allowance relative to the required first aid qualification appropriate for the position. The applicable allowance rates will be paid in accordance with Clause 18.15 of the Enterprise Agreement.

Part-time employees will be entitled to a pro-rata payment based on their approved weekly hours of duty.

Selection

Work Health and Safety (WH&S), within People and Corporate Services Division is responsible for co-ordinating the First Aid Officer network and ensuring that all First Aid Officer positions identified through risk assessments are filled. Relevant operational areas will determine which positions are classed as ‘designated Use of Force positions’. All designated Use of Force positions are required to maintain the appropriate first aid certificate.

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High-risk work areas will have a role in maintaining their work area standards in conjunction with Work Health and Safety areas. Risk assessments should be conducted when there are major workplace changes (such as new accommodation or the introduction of new work processes or procedures that changes risk) or at regular intervals identified in the WHS Policy Instruction and Guideline – First Aid in consultation with employees and their nominated representative(s), managers and First Aid Officers within the particular workplace.

Any vacant First Aid Officer position/s should be publicised in the relevant workplaces and employees invited to lodge expressions of interest to nominate for the vacancies. A person must work in the area where the vacancy is located to be eligible for the First Aid Officer position. Where there are more nominations than vacancies, preference will be given to those employees who hold a current First Aid Certificate. Where there are no interested employees who hold a current First Aid Certificate, or there are more nominees than positions, the relevant work area manager will need to conduct a selection process.

Criteria that may be considered in the selection process can include the following:

• the interest, skills and experience of the nominee as outlined in the statement of claims on the nomination form balanced against the roles, responsibilities and qualities required for the position;

• previous successful performance as a First Aid Officer; • current work performance; • the level of management support for the nominee; • length of time in current job, and likely time remaining in current job given career

progression and/or reassignment; • any factors that might impact on the employee’s ability to undertake the role

required (such as work travel requirements, study leave, part-time hours, amount of time out of the usual workplace, including attendance at meetings);

• whether an employee is already undertaking other functions and receiving a Volunteer Allowance (for example a First Aid Officer plays a support role in an emergency situation, therefore an employee cannot hold First Aid Officer and Fire/Area Warden positions simultaneously); and/or

• whether the applicant already holds a relevant First Aid qualification.

The selection process should be informal and efficient and take account of all relevant factors. Nominees should also be advised why their nominations were unsuccessful and where possible be considered for future vacancies.

Where an appointment is made to a person without current First Aid qualifications, they will not be paid the allowance until accredited training is successfully completed and the certificate has been provided to Customs and Border Protection. Customs and Border Protection will pay for First Aid training or refresher training/qualification assessment for officially designated First Aid Officers and employees who occupy positions that require occupants to hold First Aid qualifications e.g. Use of Force.

Changes in circumstances

It is the responsibility of the employee to alert Regional People Services and NPAC of any circumstances that would result in the loss of the First Aid Allowance. This includes job transfers or career assignment, expiry of a qualification or resignation from the position of First Aid Officer. Overpaid allowances will be recovered.

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Regional People Services is responsible for: • implementing and maintaining the network of First Aid Officers in each Region; • assisting with arrangements for, and the payment of initial and re-accreditation

training for First Aid Officers; • notifying NPAC of all employees eligible to receive a First Aid Allowance, including

changes to entitlements as advised by employees.

In relation to Use of Force designated positions it is the responsibility of the employee to alert their work area, Regional People Services and NPAC of any circumstances that would result in the loss of the First Aid allowance. This includes career assignment out of a designated Use of Force position or expiration of first aid qualification. Overpaid allowances will be recovered.

The National Operation Training and Development Section (NOTDS) is responsible for: • provision of appropriate first aid training as part of Use of Force training

Technology and Enforcement Capability (TEC) Branch is responsible for:

• determination of Use of Force designated positions; • ensuring first aid qualifications are maintained by employees; • initiating process to commence payment of first aid allowance; • monitoring first aid allowance payments in the work area and cessation of

allowances as appropriate Regional People Services is responsible for:

• Completion of review of processes and allowance payments as appropriate

Renewal of qualifications

It is the responsibility of employees to ensure their qualifications are kept up to date. Where qualifications lapse, payment of the allowance will cease, including for the period between a First Aid qualification lapsing and the completion of a subsequent qualification.

Review processes

Regional People Services areas are responsible for conducting reviews of the effectiveness of arrangements in their Regions. These reviews should be conducted at least once a year and should include:

• review of the numbers of positions that attract First Aid Allowance, in light of organisational changes, recent risk assessment processes, and WH&S incident reports;

• an audit of allowance payments to ensure that allowances are being correctly paid in each Region ;

• review of the performance of employees undertaking these positions, including attendance at training and other activities and maintenance of relevant qualifications; and

• review of the effectiveness of nomination and selection processes within each Region.

In relation to Use of Force designated positions the work area is to assist Regional People Services complete an audit of allowance payments as appropriate to ensure that allowances are being correctly paid and also to identify any changes to designated UoF positions that may impact on first aid allowances.

This allowance is paid fortnightly and will be paid on a pro-rata basis for part-time employees.

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1 7 . F L Y I NG D I S AB I L I T Y AL L O W AN C E

Clause 18.16 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Eligibility

Employees who perform duty (including on the job training or work experience) in an aircraft during a flight and are required to:

• operate equipment for the purpose of conducting aerial photography, aerial geophysical survey or map verification; or

• engage in aerial surveillance,

are entitled to be paid a flying disability allowance.

Limit

In respect of any given flight, employees are not entitled to payment of more than one allowance under this provision.

Rate of allowance

Eligible employees are entitled to payment at the rate specified at Clause 18.16 of the Enterprise Agreement, for each hour or part thereof for the whole time of the flight, depending on whether the flight is regarded as normal duty or as on the job training or work experience.

For example where flight time is 3 ½ hours, payment will be the specified hourly rate (as the case may be) for 3 hours and 30 minutes. Where flight time is 2 ¼ hours payment will be for two hours and 15 minutes.

A ‘flight time’ is from ‘wheels up’ (take-off) to ‘wheels down’ (landing), as calculated by the aircraft’s on board computer. Where there are multiple flights in an hour, for example helicopter flights which take off and land several times during an hour, payment cannot exceed the hourly rate irrespective of the number of separate ‘flight times’ which may be involved. This is on the basis that an employee cannot be paid more in an hour than the specified rate for an hour. In other words, if the rate is $9.60 per hour, then in any one hour payment cannot be more than $9.60, as this would exceed the prescribed hourly rate.

1 8 . H I G HE R DU T I E S AL L O W AN C E ( H D A)

Clause 18.17 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 – 2014

Further information regarding Higher Duties can be found in the Instruction and Guideline - Higher Duties.

Employees who are assigned all the duties of a higher classification for a continuous period of one day or more will be paid an allowance equal to the difference between the employee’s own salary and the salary the employee would receive if promoted to the higher classification (as per Clause 14.1.23 of the Enterprise Agreement – Salary on Promotion).

Employees who are assigned part of the duties of a higher classification for a continuous period of one day or more will be paid an amount of higher duties allowance as determined by the delegate. The amount of allowance will be a percentage of the full allowance, based on the percentage of the duties from the higher classification that the employee will be expected to perform.

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For example, a Customs Level 1 employee assigned half the duties of a Customs Level 2 position for one day or more will be paid 50% of the allowance they would have received had they been assigned all the duties of the higher classification.

Employee moves should be entered and approved prior to the commencement of a period of HDA.

Higher Duties Allowance

For the purpose of this clause a day will mean the standard daily hours for the position being acted in. For full-time positions this will mean hours equal to or greater than 07.21 and for part-time positions, the normal daily hours of that position.

Payment of Higher Duties Allowance during periods of leave

The basic principle is that the employee is paid on the basis that they would have continued working in the higher position but for proceeding on leave. The emphasis here is that the employee must actually be performing the higher duties immediately preceding the leave. An employee cannot be given a valid direction to begin acting in a higher position that would take effect on a date on which they are on leave.

HDA is not to be paid beyond the date on which the employee would have ceased performing higher duties, had the employee not been absent on leave.

For example, an employee is assigned to a period of HDA from 1 September to 31 October. The employee proceeds on annual leave for one week from 27 October to 3 November. The employee would continue to be paid HDA during the period of leave up to 31 October. The allowance would cease after this date for the remainder of the leave period.

Where the leave (with pay) is less than at full pay rate, payment of HDA is made at the equivalent rate.

For example, where long service leave on half pay is taken while the employee is on higher duties, the rate of payment of HDA during that leave is also at half pay.

Payment of HDA while suspended

Where an employee is suspended with or without pay, entitlement to HDA ceases from the date of suspension.

Non-ongoing employees and HDA

If a non-ongoing employee is selected to perform duties in a higher classification other than those specified in their contract of employment, it is not necessary to establish a new contract. An addendum should be attached to their current contract that outlines the HDA arrangements as well as the specific timeframes involved. It is important to advise the employee that they will revert to the duties that are outlined in their initial contract upon completion of the duties at the higher level.

Effect on Performance Assessment Outcome when performing a period of Higher Duties

Where an employee is in receipt of HDA at the end of the PAF cycle, and has been receiving the allowance continuously for a period in excess of three months, their performance is assessed against the requirements of the higher-level classification. However the rating outcome does not result in an increase in the higher duties allowance, unless the difference between base salary and

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HDA becomes less than 5%. In this situation occurs HDA will be increased to maintain a 5% difference between their base salary and their HDA salary.

Employees in this situation will receive a minimum rating of ‘Met Agreed Requirements’ against their base classification. This may result in an increase to their base salary. These employees are also eligible for a higher increase to their base salary (or bonus payment) if assessed as ‘Met Agreed Requirements’ or ‘Performed Above Agreed Requirements’ against the requirements of the higher level classification.

Option to increase HDA

While it is not expected that employees would be on higher duties for extended periods of time, in some situations they may have been acting for a period in excess of 12 months. Acting arrangements should be reviewed at regular intervals. If a person has been acting continuously for 12 months and it is expected that this arrangement will continue, they may seek, through their supervisor approval from the relevant Delegate to increase the allowance being paid. The PAF rating scale should be used as a guide when determining any percentage increase in the allowance.

Retention of higher duties increase

Should the delegate determine an increase in the Higher Duties Allowance for an employee who has acted continuously for at least 12 months, that employee will be entitled to receive the higher rate of pay each time they are required to perform higher duties at the same level, regardless of the position assigned to, provided that any break between periods of higher duties does not exceed 3 months.

Higher duties in Senior Executive Service (SES) role

Customs and Border Protection employees assigned to perform duties in an SES role will be paid the following allowance/s from day one of the higher duties assignment.

(a) Employees who are required to perform duties in an SES role will be paid an allowance equivalent to the difference between their substantive salary and the base level salary of the higher classification.

(b) Where the base level salary of the higher classification is less than 5% above the

employee's substantive salary, the higher duties allowance will be calculated at 5% above their substantive salary.

(c) Employees who are required to perform duties in an SES role will be paid an executive

vehicle allowance equivalent to the relevant benchmark value, as determined in the Executive Vehicle Scheme.

(d) In order to recognise the value of allowances for CL5 employees as per (e) below, the cash

in lieu of executive vehicle allowance will be adjusted accordingly. The relevant amount for the CL5 allowances should be as outlined in the Enterprise Agreement.

(e) CL5 employees who perform duties in an SES role will retain their entitlement to continued

payment of:

• Contact Allowance (Clause 14.6.2) of the Enterprise Agreement; • Parking Allowance (Clause 14.6.6) of the Enterprise Agreement. Where a CL5

employee has a car park provided by Customs and Border Protection and does

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not receive the Parking Allowance, they will be entitled to receive payment of the Parking Allowance for the duration of their assignment in an SES role;

• Home Garaging Allowance (Clause 14.6.5) of the Enterprise Agreement. Where an employee is currently exercising the option to home garage a vehicle, that officer may choose to either:

• discontinue the home garaging option and receive the cash in lieu of

executive vehicle allowance as outlined in subparagraph c) above for the duration of the assignment period, or

• continue the home garaging arrangement and not receive the cash in lieu of executive vehicle allowance for the duration of the assignment period.

(f) CL5 employees assigned to an SES role will retain the use of a Customs and Border Protection provided car park at no charge.

Higher Duties Reviews

Decisions in relation to higher duties are not reviewable matters under the Public Service Act 1999.

1 9 . I N T E RM I TT E N T D RI V I NG AL L O W AN C E

Clause 18.18 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Eligibility

Employees whose classification is Customs Level 1 (work value 1), who are required by Customs and Border Protection to:

• undertake intermittent driving duties of passenger or commercial vehicles; and • accept full responsibility for the operation of the vehicle

will be entitled to an allowance of $8.50 for each day or part day required.

2 0 . K E N NE L HAN D S AL L O W AN C E

Clause 18.19 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Employees whose classification is Customs Level 1 (work value 1), who are required to perform duty, which the CEO determines to be of an insanitary nature will be entitled to be paid the Kennel Hands Allowance. This duty includes the collection and disposal of animal waste and the cleaning of kennels or vehicles soiled by dogs. The Kennel Hands Allowance is a functional allowance and is therefore only paid for those days on which the function is performed. The allowance is not payable during any periods of leave.

The quantum of the allowance is specified in the Enterprise Agreement.

2 1 . M AR I N E AC C O M M OD AT I O N (N O N -M AR I N E EM P LO YE ES ) AL L O W AN C E

Clause 18.20 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Eligibility

Employees who do not meet the definition of 'sea-going marine employee' as defined in the Marine Conditions (Clause 22 of the Enterprise Agreement) and are accommodated overnight on a Customs and Border Protection (or like) vessel on a voyage of not less than 24 hours duration will

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be entitled to payment of the Marine Accommodation (Non-Marine Employees) Allowance, in accord with Clause 22.14 of the Enterprise Agreement.

22 . M OT O R VE H I C L E AL L O W AN C E (M V A)

Clause 18.23 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

As per Chief Executive Instruction No.4.2 – A private motor vehicle allowance is to be paid when employees are required to use their own car for official travelling purposes. Customs and Border Protection will not accept responsibility for a loss or liability resulting from the use of a private vehicle for official purposes. Employees using their private vehicles for official travel must have:

• a current driver licence; • current registration; and • comprehensive car insurance.

Prior to any allowance being paid the employee must produce original documents or certified true copies of the above mentioned documents to the relevant approving employee.

Employees are to pay all speeding, parking or any fines imposed by law when using their vehicle and entitled to MVA.

Employees who are relocating as part of a temporary, fixed-term or ongoing assignment may be given permission to use their own car to travel to the new location. In these circumstances, MVA is payable, however employees must provide the Delegate with evidence of a current drivers licence, current vehicle registration and comprehensive car insurance prior to approval being given. Travel detail must be entered into TRACS.

Updating mechanism

This allowance will be updated from time to time as determined by Customs and Border Protection. Updating of the Allowance is not aligned to the Enterprise Agreement.

23 . OPE R AT I O N AL S AF E T Y T R AI N E R (O ST ) AN D O PE R AT I O N AL C AP AB I L I T Y T R AI N E R (O CT ) AL L O W AN C E

Clause 18.21 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

An employee who is an Operational Safety Trainer (OST) or an Operational Capability Trainer (OCT) assigned to a position in the National Operational Training and Development Section, shall be entitled to an OST/OCT Allowance.

The allowance is to recognise the specialist nature of OSTs and OCTs and to assist with attraction and retention. This allowance is in recognition of:

• the ongoing need to maintain mandatory qualifications and skills; • the high levels of accountability for safety in the role; • requirement for additional medical assessments; • the requirement to maintain a specialist level of fitness; and • the regular short-term travel required by the role.

The allowance will be paid to instructors assigned to positions in the National Operational Training and Development Section. These instructors must be fully qualified instructors whose appointment

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as OST/OCT has been granted by the Customs and Border Protection Operational Safety Committee.

Annualised Allowance

The OST Allowance is an annualised amount, paid fortnightly. Employees will receive payment of the allowance while on paid annual, personal, bereavement, compassionate, EFEL, Event, and Defence leave.

The allowance will not count as salary for superannuation or any other purpose.

The quantum of the Allowance is specified in the Enterprise Agreement.

2 4 . O PE R AT I O N AL T R AI N E R SEP AR AT I O N AL L O W AN C E

Clause 18.22 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Eligibility

Employees who are Operational Safety Trainers (OST) or an Operational Capability Trainer (OCT) assigned to a position in the National Operational Training and Development Section, when required to conduct training away from their normal workplace, and who are required to utilise accommodation other than their primary place of residence, shall be entitled to a Separation Allowance for each night spent away from that residence.

The qualifying period for the payment of this Allowance will be from 1 July to 30 June each financial year.

Where an employee is required to be away from their normal place of residence for less than 30 days in any financial year, they will not be entitled to the Separation Allowance. If an employee is away for more than 30 days in any year, they shall be paid the allowance at a rate of $7.50 per day for the first 30 days. Subsequent days shall be paid at the relevant daily rate as indicated in the table below:

� Less than 30 nights � No entitlement

� 1-30 nights (when more than 30 nights accrued) � $7.50 per day

� 31-60 nights � $12.50 per day

� 61-90 nights � $20.00 per day

� 91 nights or more � $30.00 per day

For stand down provisions for OSTs refer to the Mandatory OST Stand Down Provisions Instruction and Guideline.

2 5 . OV E R TIM E M E AL AL L O W AN C E Clause 18.24 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Meal allowance periods

Meal allowance periods for extra duty following completion of or before normal duty are from:

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• 0700 to 0900 • 1200 to 1400 • 1800 to 1900 • 0000 to 0100

Eligibility

Employees are entitled to payment of a meal allowance when they are directed to work extra duty:

• after the end of ordinary duty for the day, to the end of or later than a meal allowance period, where they do not have a break for a meal (e.g., an employee who is directed to work extra duty beyond their normal finishing time of 1700, until 1930, but does not stop for a meal break in the period between 1700 and 1930);

• after the end of ordinary duty for the day, where they have an unpaid meal break and perform duty after the break. To be eligible for a meal allowance employees are required to return to duty after their meal break and work until beyond the end of the meal allowance period. (e.g., an employee who works to their normal finishing time of 1700, has an unpaid meal break between 1700 and 1730, and then returns to work and works until 2030);

• before the commencement of ordinary hours of duty and where they have an unpaid meal break (e.g. an employee who ordinarily commences duty at 0830 but is directed to commence extra duty at 0630 and has an unpaid meal break from 0730 to 0800);

• for employees working under ordinary hours of duty or flextime arrangements - on a Saturday, Sunday or public holiday (in addition to normal weekly hours of duty) where they have an unpaid meal break;

• for shift employees working extra duty on an RDO (in addition to normal weekly hours of duty) where they have an unpaid meal break.

Duration of meal allowance period

Employees working overtime would generally be eligible to take an unpaid break for a meal if the period of their overtime involved any of the meal break periods specified above.

It would not be reasonable to require an employee to work through a period when they would ordinarily have a meal simply because they are working a short period of overtime (although there needs to remain some flexibility in the duration of a break to allow for immediate operational priorities, such as the arrival of a flight, to be met in a timely way). However in some cases an employee may have had a break for a meal outside the specified meal period (e.g. an employee who takes a meal break from 1700 to 1730 between ceasing ordinary duty and commencing overtime) and it would therefore not be appropriate for them to have another break during the specified meal period.

However in directing employees to work overtime for a particular period, supervisors/delegates need to consider that where this period includes a meal period employees should take a break. Therefore the period required to complete the particular task may need to be extended to allow for this break.

A minimum 30 minute unpaid meal break is required to be taken after 5 hours of duty. Management will endeavour to provide an unpaid meal break after 3 hours of duty.

When performing overtime after, or continuous with, ordinary duty for the day, a meal break of less than 1 hour does not break continuity.

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Employees in receipt of meals and incidentals allowance while on short term travel, as per Clause 20.1 of the Enterprise Agreement, will not be eligible for payment of overtime meal allowance.

Rate of meal allowance

Eligible employees are entitled to payment of meal allowance per meal as prescribed in Clause 18.24 of the Enterprise Agreement.

Updating mechanism

This allowance will be updated from time to time as determined by Customs and Border Protection. Updating of the Allowance is not aligned to the Enterprise Agreement.

26 . R ES T RI C T I ON AL L O W AN C E

Clause 18.25 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Where necessary to meet operational requirements, Customs and Border Protection may direct an employee to be contactable, available, and in the required state of readiness to perform extra duty outside of their normal work hours. Restriction allowance should only be paid when alternative arrangements such as emergency duty or shift work are not operationally viable.

An employee who is directed to be contactable and available to perform extra duty outside of their ordinary hours will be entitled to payment of a restriction allowance.

The allowance will be payable for each hour or part hour the employee is restricted outside their ordinary hours of duty.

To be eligible for payment of the restriction allowance, the employee must remain contactable and in the required degree of readiness to perform duty immediately, if required.

Employees who do not remain contactable and/or at the required degree of readiness to perform extra duty will not be eligible for the payment of a restriction allowance.

A restricted employee may be required to work at their usual workplace or at another designated workplace, including their home. Employees who are restricted will be provided with either a mobile telephone or pager.

Restriction allowance is not payable to employees on any form of leave. Employees must not be placed on restriction while on leave.

Restriction allowance

Restricted employees are entitled to payment of an allowance of 8.5% of their hourly rate of salary for each hour or part hour they are restricted. This means that an employee who is restricted for 8 hours 35 minutes would be paid 8.5% of their hourly salary for 8 hours and 35 minutes.

Payment of restriction allowance is limited to employees in receipt of a salary not exceeding the maximum salary of a Customs Level 3, unless there are exceptional circumstances. Exceptional circumstances will be determined by the appropriate delegate, as per the HR delegations schedule.

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Salary for the purpose of calculation of the allowance includes higher duties allowance. The hourly rate of payment is calculated as follows:

Annual salary X 6 X 8.5 313 36.75 100

Customs and Border Protection may determine an alternative rate of payment, having regard to the circumstances of the restriction an employee, or group of employees, have been, or may be, placed in.

Employees who are required to perform duty while restricted will also be entitled to payment of overtime in accordance with Clause 15.4 of the Enterprise Agreement. Refer to the Instruction and Guideline - Hours and Organisation of Work for further details.

Employees who voluntarily attend the workplace before the end of their restricted duty period will be paid the restriction allowance up to the time they arrived to work. Employees who are eligible for flextime and who attend within the flextime bandwidth will accrue flex outside their standard daily hours.

2 7 . S E L F CO N T AI N E D B R E AT H I N G AP P AR AT U S AL L O W AN C E (S C B A)

Clause 18.26 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Eligibility

Nominated employees qualified in, and required to use, self contained breathing apparatus (SCBA) in the performance of their duties at a designated sea cargo examination area (DSCEA) are eligible for the annualised allowance. SCBA is only payable to 3 DSCEA employees per team per shift, to a maximum of 18 employees per DSCEA. It is only payable to employees who are qualified and actually perform the SCBA work on a regular basis for an average of two hours per day.

Managers must nominate suitably trained employees for each DSCEA and review the need on a regular basis. Once nominated employees have been established, no new employees will be able to receive the allowance unless someone has the allowance cancelled.

This allowance is paid fortnightly and will be paid on a pro-rata basis for part-time employees. It is not paid during periods of overtime.

2 8 . T O RR ES ST R AI T C U S T OM S O F FI CE R AL L O W AN C E Clause 18.27 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Locally engaged employees working as Torres Strait Customs Officers within the Torres Strait will be eligible for Torres Strait Customs Officer (TSCO) Allowance.

This allowance is provided in recognition of disabilities associated with working in a remote locality and in lieu of Community Language Allowance.

Employees eligible for District and Geographic Allowances under Clause 20.11 will not be eligible for this allowance.

The TSCO Allowance is an annualised amount, paid fortnightly.

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Payment of Torres Strait Customs Officer Allowance while on leave

Payment of TSCO Allowance will continue for up to three months during periods of paid leave irrespective of the employee’s place of residence whilst on leave. Employees on compensation leave will continue to receive TSCO Allowance.

The quantum of the Allowance is specified in the Enterprise Agreement.

2 9 . U SE O F FO R C E ( U O F) AL L O W AN C E Clause 18.28 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Employees who are required to hold and have been issued with a valid Use of Force Permit (Level 3) for the full suite of personal defence equipment, including a handgun, and are assigned to designated Use of Force positions are entitled to a Use of Force Allowance.

Eligible part time employees will receive a pro-rata allowance. The allowance will be payable fortnightly. Employees will receive payment of the allowance while on paid annual, defence force, personal and emergency leave. The allowance will be ceased for absences on all other leave.

The allowance will only be payable if an employee maintains the required competencies, fitness standard, Use of Force permit and/or security clearance and is assigned to a designated Use of Force position. Failure to maintain such standards will result in the immediate cessation of the allowance.

National Operational Training and Development Section (NOTDS) is responsible for: • Communication to Branch of Delegate’s decision to issue a UoF permit or extension

of permit. This advice confirms the employee is eligible for payment of the allowance once the employee is assigned to a designated UoF position.

Technology and Enforcement Capability Branch is responsible for:

• Assignment of employee to a Designated UoF position • Communication to NPAC to commence payment of Allowance • Monitoring of allowance and communication to NPAC if allowance is to cease.

Delegates must ensure that information conveyed to NPAC pertaining to an employee’s eligibility for the allowance is accurate otherwise overpayments are likely to occur. Overpaid allowances will be recovered.

The allowance will not count as salary for superannuation or for any other purpose.

3 0 . VO L U N TEE R AL L O W AN C E

Clause 18.29 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

This is an allowance paid to employees who are appointed to, and actively perform the role of, specified workplace roles in a Customs and Border Protection workplace.

Eligibility

Designated workplace roles attracting the Volunteer Allowance are: • Fire/Area Warden (including Chief Fire Warden); • Harassment Contact Officer; and • Health and Safety Representative (including Deputy Health and Safety

Representative).

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To be eligible to receive the Volunteer Allowance, an employee must be appointed to a voluntary position and actively fulfil the roles of the position as outlined in the relevant Customs and Border Protection policy for:

• Fire Wardens – the Emergency Control Procedures for each specific location; or • Harassment Contact Officers – the Harassment Contact Officer (HCO) network

Guidelines 2009, and Good Working Relationships – Eliminating Workplace Harassment Policy; or

• Health and Safety Representatives – the WH&S Policy – Health and Safety Management Arrangements (HSMA); and

• have successfully completed a relevant training course for that position.

An employee appointed as a designated volunteer and who satisfies the above criteria is eligible to be paid the Volunteer Allowance. The Volunteer Allowance is payable as specified in the current Enterprise Agreement and is paid on a fortnightly basis. Employees are only eligible to receive one Volunteer Allowance, regardless of the number of voluntary roles that they undertake. Part-time employees will be entitled to pro-rata payment based on their approved weekly hours of duty.

Health and Safety Representatives

The selection and role of Health and Safety Representatives (HSRs) is covered by Division 3 of the Work Health and Safety Act 2011 (the WHS Act) and these requirements are outlined in the Customs and Border Protection Health and Safety Management Arrangements (HSMA). Generally one HSR and one Deputy HSR may be appointed in each Designated Work Group (DWG) however additional HSRs may be appointed as per the provisions of Division 3 of the WHS Act and Chapter 2 of the WHS Regulations 2011. Regional Workplace Health and Safety (WHS) Coordinators may assist with organising the nomination and selection process for HSRs, and all interested employees within the DWG are provided an opportunity to nominate to fill an HSR or Deputy position. An election may be required where there are a number of nominees at the close of the nomination period. Where there is no variation to the composition of the existing DWG and only one HSR nominee, they are considered to be unanimously selected by the employees in the DWG. The term of the HSR and Deputy HSR is 3 years. Employees interested in nominating should contact their Regional WHS Coordinator in the first instance.

Harassment Contact Officers

The Harassment Contact Officer (HCO) Network Guidelines) contain guidance on the process for selecting Harassment Contact Officers (HCOs). The Harassment Contact Officer Nomination Form is to be completed along with the Questions for Referees form. Once the Regional Equity and Diversity Co-ordinator has determined that the employee is suitable for the role, they are then to fax or email the form to the National Equity and Diversity Adviser. Once endorsed by the Director Work Health and Safety, the Regional Coordinator will be advised and is responsible for organising the relevant training.

Once training is completed, the HCO is appointed for a period of two years, and the volunteer allowance is paid for this period. At the end of two years, both the Harassment Contact Officer Nomination Form and the Questions for Referees must be completed in order to ensure that the applicant is still suitable and has obtained the authorisation to continue these duties. A one day refresher course is required in order to continue in the role.

The HCO Network Guidelines and Harassment Contact Officer Nomination form can be found at http://intranet.customs.gov.au/about-me/health-and-safety/harassment/default.asp

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HCO Allowance

As per Clause 18.29 of the Enterprise Agreement, HCOs will receive the Volunteer Allowance from the first day of returning to work after successful completion of the required training. An expiry date of 2 years is to be entered in COMPASS/SAP. The Regional Equity and Diversity Co-ordinator will arrange this through NPAC.

Any overpaid allowances for employees who have not kept their training up-to-date, have moved work areas or withdrawn from the role will be recovered by NPAC.

Fire Wardens

There are no Commonwealth legislative requirements or national policies in place to guide the selection of Fire Wardens. The following process is therefore recommended for filling these positions. Any vacant positions should be publicised in the relevant workplaces and expressions of interest called for employees to nominate for the vacancies.

Where there are more nominations than vacancies the relevant work area manager will need to conduct a selection process. Criteria that may be considered in the selection process can include the following:

• the interest, skills and experience of the nominee as outlined in the statement of claims on the nomination form balanced against the roles, responsibilities and qualities required for the position;

• previous successful performance in one or more of the voluntary positions; • current work performance; • the level of management support for the nominee; • length of time in current job, and likely time remaining in current job given career

progression and/or reassignment; • any factors that might impact on the employee’s ability to undertake the role

required (such as work travel requirements, study leave, part-time hours); and • whether an employee is already undertaking other functions and receiving the

Volunteer Allowance or First Aid Allowance (for example a Fire/Area Warden cannot also be a First Aid Officer as they perform separate functions in an emergency situation and therefore cannot hold both positions simultaneously).

The selection process should be informal and efficient and take account of all relevant factors. Nominees should also be advised why their nominations were unsuccessful and where possible be considered for future vacancies.

Where an employee is appointed without having completed a suitable training program, they will not be paid the allowance until training is successfully completed and the certification is provided to Customs and Border Protection.

Change in circumstances

It is the responsibility of the employee receiving the Volunteer Allowance to alert Regional People Services and NPAC of any circumstances that would result in the loss of that allowance. This includes job transfers or reassignment, long service leave, or resignation from the position attracting the Volunteer Allowance. Overpaid allowances will be recovered.

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Regional People Services is responsible for:

• managing the creation and filling of positions that attract the Volunteer Allowance in each Region;

• assisting with arrangements for, and payment of, relevant training courses (and re-accreditation as applicable) for appointed employees; and/or

• notifying NPAC of all employees eligible to receive the Volunteer Allowance, including changes to entitlements as advised by employees.

Failure of Regional People Services to advise NPAC will not prevent overpayments from being recovered.

Review processes

Regional People Services is responsible for conducting reviews of the effectiveness of arrangements in their regions. These reviews should be conducted at least once a year and should include:

• review of the numbers of positions that attract Volunteer Allowance, in light of organisational changes, recent risk assessment processes, and WH&S incident reports;

• an audit of allowance payments to ensure that allowances are being correctly paid in each Region (Regional People Services also conduct regular audits throughout the year);

• review of the performance of employees undertaking these positions, including attendance at training and other activity and maintenance of relevant qualifications; and

• review of the effectiveness of nomination and selection processes within each Region.

3 1 . WO R K L OC AT I O N AL L O W AN C E

Clause 18.30 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

The Work Location Allowance replaces all previous site related allowances as contained within the Customs and Border Protection Enterprise Agreement 2010 – 2011:

• Isolated Establishment Allowance (IEA); • Brisbane Airport Customs House Allowance; • Brisbane Detector Dog Unit Allowance; • Container Examination Facilities (CEF) Site Allowances; • Perth Airport Allowance; • Sydney Airport Customs House Allowance; and • Sydney Detector Dog Unit Allowance.

Definitions

For the purpose of this allowance: Public transport is defined as:

A system of buses, trains, etc, running on fixed routes, of reasonable frequency, on which the public may travel. This transport may be operated by public or private entities, however, the cost of such transport from point to point must be broadly comparable with the cost of such travel elsewhere within the same network or city to be considered as 'public transport' for the purpose of this definition.

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A public transport hub is defined as:

A major transport junction in a locality where a number of designated public transport routes meet and where it would be reasonable to expect that an employee would be able to commute to irrespective of their place of residence within that locality.

Site Eligibility

Employees, including Customs Flexible Employees, assigned to perform duties at locations where:

• there is no public transport that services the affected site; or • public transport is available, but would involve travel (including walking) for more

than 30 minutes from a defined public transport hub; or • public transport is not available to or from the hub at the commencement or end of

rostered shift times.

will be eligible to receive Work Location Allowance.

For the purposes of this Clause, public transport hubs include but are not limited to:

Location Nominated Hub

Location Nominated Hub/s

Sydney Central Station, Parramatta

Brisbane Central Station

Adelaide Adelaide Station

Melbourne Southern Cross Station

Canberra Civic Bus Interchange, Tuggeranong Bus Interchange, Belconnen Bus Interchange, Woden Bus Interchange

Perth Perth Central Station

Fremantle Fremantle Railway Station

Darwin Darwin GPO

Hobart Hobart GPO

Quantum of Allowance

The quantum of the Work Location Allowance has been determined taking into account the following components:

a) lack of public transport – payable where public transport is unavailable as per Site eligibility above;

b) economic impact on employee – payable where employees are impacted by a) and are also subject to additional costs at the work location e.g. pay parking;

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c) social impact on employee – payable where employees are impacted by a) and the work location:

i. has access to limited amenities and is more than 3km from a range of shops and facilities; or

ii. there is an imposition of further travel upon arrival (e.g. provided parking is a distance away from the work site necessitating use of a further mode of transport)

NOTE:

Employees ineligible for the Public Transport component of the allowance will not be eligible to receive the Economic Impact or Social Impact component of the allowance.

Employees eligible for the Economic Impact component will not be eligible to receive the Social Impact component of the allowance.

Work Location Allowance

The value of each component is as follows:

Component

Allowance effective from first full pay day on or after:

On Commencement 1 May 2012 1 July 2013

Lack of Public

Transport

900 918 936

Economic impact 700 714 728

Social Impact 100 102 104

In instances in which an employee works a shift roster, of which only a component would attract the allowance, then they will be eligible to receive the full component of the allowance.

Employees will receive payment of the allowance while on paid annual, personal, bereavement, compassionate, EFEL, Event, and Defence leave.

Customs Flexible Employees

Eligible Customs Flexible Employees who were employed prior to 23 December 2011 will have their previous rate of payment ($6.20) per attendance grandfathered with maximum payment per daily attendance of $6.20.

Eligible Customs Flexible Employees who commenced on or after 23 December 2011 will be paid a pro-rata amount per daily attendance calculated as follows:

Annual WLA amount ÷ 313 × 12 = Fortnightly rate

Fortnightly rate ÷ 10 = Pro-rata amount

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WLA Annual amount ($) Fortnightly rate ($) Daily rate* ($)

1632 62.57 6.26

1020 39.10 3.91

918 35.19 3.51

* Daily rate is the maximum amount payable per day.

To be eligible for this payment of this allowance, Customs Flexible Employees must meet the Site Eligibility requirements described above.

District Offices

With the exception of Cairns District Office and Richmond District Office, employees assigned to District Offices will not be eligible for payment of this allowance.

Qualification for allowances

The list of sites and shift rosters which attract the above allowances are as follows:

Site

Lack of Public

Transport

Lack of Amenities

Eco* Amount

@ 1 May 2012

Grand-

fathered Amount

Brisbane International Terminal – Shift Work ���� ���� $1020

Brisbane International Terminal – Day Work ���� ���� $1020

Customs House Brisbane – Day Work ���� ���� $1632

Customs House Brisbane – Shift Work ���� ���� $1632

Brisbane Container Examination Facility ���� ���� $$1020 $1153.62

Brisbane Gateway Facility ���� $918

National Uniform Store ���� ���� $1020

Brisbane Detector Dog Unit ���� ���� $1020

Gold Coast International Airport – Shift ���� $918

Gold Coast International Airport – Non-Shift ���� $918

Cairns International Airport – Shift Work ���� ���� $1020

Cairns International Airport – Day Work ���� ���� $1020

Cairns Detector Dog Unit ���� ���� $1020

Cairns District Office ���� ���� $1020

Darwin International Airport – Shift Work ���� ���� $1020

Darwin International Airport – Day Work ���� ���� $1020

Darwin Detector Dog Unit ���� ���� $1020

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Perth International Terminal – Day Work ���� ���� $1020

Perth international terminal - Shift Work ���� ���� $1020

Customs House Perth Airport – Day Work ���� ���� $1020

Customs House Perth Airport – Shift Work ���� ���� $1020

Customs House Fremantle – Shift Work ���� ���� $1632

Perth Gateway Facility ���� ���� $1020

Perth Detector Dog Unit ���� ���� $1020

Fremantle Container Examination Facility ���� ���� $1020

Adelaide International Airport ���� $918 $1,112.45

Adelaide Container Examination Facility ���� $918

Adelaide Detector Dog Unit ���� $918 $1,112.45

Customs House Tullamarine – Shift Work ���� $1020

Customs House Tullamarine – Day Work ���� $1020

Melbourne Container Examination Facility ���� ���� $1020

Melbourne Gateway Facility ���� ���� $1020

Melbourne International Airport – Shift Work ���� ���� $1020

Melbourne International Airport – Day Work ���� ���� $1020

Melbourne Detector Dog Unit ���� ���� $1020

Customs House Melbourne Shift - NMC ���� ���� $1632

Customs House Melbourne Shift - Border Ops ���� ���� $1632

Customs House Melbourne Shift - Target Assess and Selection

���� ���� $1632

Customs House Canberra – Shift - Passenger Analysis Unit

���� ���� $1632

Customs House Canberra – Australian Maritime Security Operations Centre

���� ���� $1632

Customs House Canberra – Customs National Operations Centre

���� ���� $1632

Customs House Canberra – Australian Maritime Information Fusion Cell

���� ���� $1632

Sydney International Airport - Shift Work ���� $918 $1,146.92

Sydney International Airport - Day Work ���� $918

Customs House Sydney - Day Work ���� ���� $1632

Customs House Sydney - Shift Work ���� ���� $1632

Sydney Container Examination Facility ���� $918

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Sydney Detector Dog Unit - Day Work $00 $603.41

Sydney Detector Dog Unit - Shift Work ���� $918

Sydney Compliance Port Botany ���� ���� $1020

Richmond Office (Richmond RAAF Base) ���� ���� $1020

Sites coloured yellow may have employees receiving a greater amount to be grandfathered.

*There is an economic impact on the employee being located at an affected site (e.g. pay parking)

**Employees receiving a greater amount to be grandfathered

Grandfathering

The Work Location Allowance has been introduced to replace all previous site related allowances as contained within the Customs and Border Protection Enterprise Agreement 2010 – 2011 (i.e. Isolated Establishment Allowance (IEA), Brisbane Airport Customs House Allowance, Brisbane Detector Dog Unit Allowance, Container Examination Facilities (CEF) Site Allowances, Perth Airport Allowance, Sydney Airport Customs House Allowance, Sydney Detector Dog Unit Allowance).

Employees whose location prior to commencement of this Agreement was at a location/position/designation that provided a site related allowance quantum greater than that provided by the Work Location Allowance will have that quantum grandfathered for the period that they remain at that location. Any such grandfathered allowance will increase in line EA increases.

Where an employee in receipt of a grandfathered quantum of Work Location Allowance *moves from that location, they will no longer be eligible to receive the grandfathered site related allowance and will instead receive the Work Location Allowance applicable to their new location, if any. The grandfathered allowance will not be provided to the employee should they relocate back to their previous location/position/designation at a future point in time.

* In this circumstance, a move must be for a period in excess of 90 calendar days. Where employees return to their former position at their former location within 90 calendar days, their previous rate of Work Location Allowance i.e. the grandfathered amount will be restored.

Review of Qualification for allowances

Customs and Border Protection, in consultation with employees and their nominated representatives, will review qualification for the above allowances in instances where circumstances for a location or shift roster change.

Updating Mechanism

Work Location Allowance amounts (including grandfathered amounts) will be updated in line with EA increases.

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Dampier

Employees who are required to reside in Karratha and travel to Dampier in order to attend for duty will be entitled to be paid an allowance in line with the non-urban rate of Isolated Establishment Allowance.

Current payment rate is 43.50 cents per kilometre, calculated using the distance by the most direct available route from the Isolated Establishment, in this case the Dampier District Office to the urban boundary of Karratha at the intersection of Dampier Road and Gap Ridge Road, Karratha (approximately 14 Kilometres).

Daily Normal calculation at current rates would be:

Distance (kms) X Rate (per KM) X 2 Journeys per day

14 X 43.50 X 2 = $12.18

Locally engaged employees are not eligible for this allowance.

Updating Mechanism (Clause 18.30.17 of the Enterprise Agreement 2011-2014)

This Non-urban rate of Isolated Establishments Allowance will be updated from time to time as determined by Customs and Border Protection. Updating of the Allowance is not aligned to the Enterprise Agreement.

3 2 . C L O TH I N G AL L O W AN C E S

Clause 19 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

32.1 Shoe and Stocking Allowance

Employees who are required to wear a uniform are eligible for payment of a shoe allowance.

Female employees required to wear a uniform, who do not receive the uniform issue of socks will be entitled to a stocking allowance.

Eligible employees receiving their first uniform issue will receive a pro-rata payment of the above allowance based on the remaining months or part thereof, in the current payment period.

Payment Period

These allowances are payable on and from the first pay period in March each year.

Updating mechanism

This allowance will be adjusted with effect from the first pay period in March each year based on movement in the relevant sub-groups of the Australian Bureau of Statistics Consumer Price index, Weighted Average of Eight Capital Cities – Clothing Group, for the twelve months to December of the previous year.

Further details on uniform eligibility and payment of the shoe and stocking allowance can be found in the Official Clothing Handbook on the Customs and Border Protection Intranet.

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32.2 DDU Footwear Allowance

Designated dog handlers and DDU instructors will be eligible for an annual allowance as per Clause 19.3 of the Enterprise Agreement, for the purchase of suitable running shoes.

Employees assigned or promoted to designated Dog Handler, Instructor or Senior Instructor positions after the first pay period in March will be paid the full amount of the allowance at the time they commence in the position.

Updating mechanism This allowance will be adjusted using the same mechanism as described for the Shoe and Stocking allowance (Clause 19.2).

32.3 Clothing Allowance – Investigation Officers, Post Transaction Verification, Targeted Compliance Response Group and Customs and Border Protection Surveillance Unit

Employees who are assigned to positions as an Investigations Officer, Post Transaction Verification Officer, a field employee of the Customs and Border Protection Surveillance Unit or a position within the Targeted Compliance Response Group will be entitled to payment of a clothing allowance on and from the first pay period in March each year as per Clause 19.4 of the Enterprise Agreement.

Employees covered by Clause 19.4.1 of the Enterprise Agreement who commence in relevant positions will be paid a pro-rata allowance based on the remaining months or part thereof, in the current payment period. Employees temporarily assigned will be entitled to the same pro-rata arrangements provided that the assignment is for a period exceeding one month.

Investigations employees whose role is to undertake strictly administrative duties will not be eligible for this allowance.

The quantum of the Allowance is specified in the Enterprise Agreement.

3 3 . C U S T OM S L EV E L 5 AL L O W AN C E S & E N TI T L EM E N TS

Clause 14.6 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Customs and Border Protection recognises the contribution by Customs Level 5 employees to the achievement of business outcomes and management responsibilities. In recognition of this contribution, Customs level 5 employees are entitled to the following conditions:

33.1 Mobile Phone Customs Level 5 employees may use official mobile telephones for limited personal use. Where usage is considered reasonable, there will be no requirement for contribution or account acquittal. Employees will be required to reimburse Customs and Border Protection for unreasonable charges. The official phone is for the employee’s use only and is not to be provided to family members. 33.2 Contact Allowance Customs Level 5 employees will be entitled to payment of an annual contact allowance that acknowledges the organisational requirement for them to be contactable outside their normal work hours. This allowance will not count as salary for superannuation purposes. The quantum of this Allowance is specified in the Enterprise Agreement.

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33.3 Allowance in lieu of Home Garaging

Customs Level 5 employees may home garage a Commonwealth vehicle where one is available and provided it is in line with operational requirements. No contribution is required for this benefit.

Employees who are unable or choose not to home garage a Commonwealth vehicle are entitled to an allowance in lieu of the home garaging. Where a Customs Level 5 employee chooses to home garage a Commonwealth vehicle and utilises a Customs and Border Protection car space they forego the car parking allowance (see below).

This allowance will not count as salary for superannuation purposes. The quantum of this Allowance is specified in the Enterprise Agreement.

33.4 Allowance in lieu of Parking

Where the Customs Level 5 employee does not home garage a Commonwealth vehicle and instead drives a personal vehicle to and from work, they will be entitled to a parking space at a Customs workplace. Where there is no parking space available, or the employee chooses not to use a parking space at a Customs workplace, the employee will be paid an allowance in lieu of parking.

Where an employee chooses to home garage a Commonwealth vehicle, they are not entitled to an allowance in lieu of parking.

This allowance will not count as salary for superannuation purposes. The quantum of this Allowance is specified in the Enterprise Agreement.

33.5 Travel/Travel Allowance

Where a Customs Level 5 employee is required to travel between centres in Australia for official purposes they will be entitled to travel economy class.

Customs Level 5 employees will be able to upgrade domestic travel to business class for official trips that involve continuous in-air time of over 2 hours. Customs Level 5 employees will be able to downgrade to economy class to fund a second economy class ticket for a spouse or close family member. The Customs Level 5 employee will fund any shortfall in the exchange to economy class tickets. The economy class fare/s cannot then be upgraded to business class using other means.

Where the Customs Level 5 employee is absent overnight they will be entitled to reimbursement for reasonable accommodation expenses incurred, generally at a three and a half to four star rating, plus a per diem allowance to cover meals and incidental expenses for each overnight absence. Where two or more meals per day (one of which is an evening meal) are provided as part of an accommodation package or by the Commonwealth, a reduced per diem will be paid.

Customs and Border Protection will set the rates of per diem allowances and identify locations in line with the provisions for Travelling Allowances (Reasonable Allowances) as amended by the Commissioner of Taxation from time to time. Where the reasonable costs of meals exceeds the per diem, Customs Level 5 employees who actually incur costs and provide receipts for all meals taken, may be reimbursed excess costs.

For the purposes of this section, in-air time is determined by the flight duration as advertised by the airline.

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33.6 Overseas Posting

Customs Level 5 employees selected for overseas postings will be eligible for entitlements and

allowances as detailed in the:

• Customs and Border Protection Overseas Reference Manual; and/or • DFAT Overseas Conditions Manual; or • AUSAID Whole of Government Deployee Guidelines.

Entitlements and Allowances listed in Clauses 35.1, 35.2 and 35.3 above will cease to apply from the date of commencement at the overseas post.

33.6 Airline Lounge Membership

Airline lounge membership will be available to Customs Level 5 employees if they are required to travel for official purposes. Membership is limited to one airline. SES approval is required. The Application form is available at http://intranet.customs.gov.au/about-me/travel-and-transfer/domestic-travel/lounge-membership.asp

33.7 Entitlements for employees acting as Customs Level 5 (Directors)

Employees who are required to act as Customs Level 5 will receive payment of higher duties allowance in accord with Clause 18.17 of the Enterprise Agreement. There is no automatic entitlement to other entitlements/conditions that are available to substantive Customs Level 5 employees.

3 4 . C U S TOM S L E VE L 4 EN T I T L EM E N TS

Clause 14.5 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

34.1 Mobile Phone Customs Level 4 employees may use official mobile telephones for limited personal use. Where usage is considered reasonable, there will be no requirement for contribution or account acquittal. Employees will be required to reimburse Customs and Border Protection for unreasonable charges. The official phone is for the employee’s use only and is not to be provided to family members.

34.2 Airline Lounge Membership Airline lounge membership will be available to Customs Level 4 employees if they are required to travel for official purposes. Membership is limited to one airline. SES approval is required. The Application form is available at http://intranet.customs.gov.au/about-me/travel-and-transfer/domestic-travel/lounge-membership.asp 34.3 Travel/Travel Allowance Customs Level 4 employees in receipt of an annual salary equal to or above the salary barrier as defined by Travelling Allowances (Reasonable Allowances) as amended by the Commissioner for Taxation from time to time, will be eligible to receive Travel Allowance (Meals and Incidentals) at the rate prescribed.

Customs Level 4 employees will be able to upgrade domestic travel from economy to business class for official trips that involve continuous in-air time of over 2 hours. For the purposes of this section, in-air time is determined by the flight duration as advertised by the airline.

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3 5 . OV E RS E AS TR AV E L AN D CO N DI T I O NS

Clause 21 of the Australian Customs and Border Protection Service Enterprise Agreement 2011 - 2014

Overseas Travel Allowances and Entitlements- Short term mission

A short term mission is for a period of less than 90 days.

Where the employee is required to travel internationally for official purposes they will be entitled to travel Business Class, and be paid an allowance for meals and incidental expenses. Reasonable accommodation expenses will be reimbursed. The rate of allowance will be determined by Customs and Border Protection taking into account the prevailing Australian Public Service rates for the location. To simplify the arrangements the employee will be paid a full day’s allowance in respect of each night absent from Australia at the rate for the location in which the night was spent or destination if in transit. The Australian destination rate will be the domestic Capital Cities and High Cost Country Centres per diem allowance.

When an employee is required to travel they will be paid an advance to cover costs and must acquit the advance paid in accordance with Customs and Border Protection CEIs relating to travel.

35.1 Meals and Incidentals

When an official is approved to undertake overseas travel as part of their duties they will be entitled to meals and incidentals allowance calculated in accordance with an approved itinerary.

The amount that an employee is entitled to be paid for meals and incidentals for the day is payable from the time they arrive at the first overseas destination to the time they depart their overseas destination. If the employee arrives at the locality before 12 noon or departs from the locality after 12 noon on the day, they will be paid the incidental allowance that the employee would be entitled to be paid for a complete day, will be halved.

When a trip involves travelling to multiple overseas locations meals allowance will be paid accordingly to each overseas location. Meals and incidentals allowance is not payable during periods of travel. If an employee is at a stopover, before the return leg of the trip, for more than two meal periods, then the employee is entitled to the allowance for those meals.

The Travel Allowance rates are calculated and distributed by Employee Conditions Abroad (ECA) International through an application called “Travel Pack”. The rates are calculated in accordance with the Department of Foreign Affairs (DFAT) methodology and are at the DFAT approved rates for variety of locations.

When an employee is visiting a country or city which has no predetermined rate the employee will be provided an estimated cost amount for meals and incidental costs. In these cases, the employee is to retain receipts for all outlays to support acquittal of their claim.

The incidentals allowance will be reduced by 50% when an employee has been on a short term mission at the one locality for a continuous period of 28 days (within that one country).

Any related domestic travel is to be paid as per Customs and Border Protection travel policy for domestic travel.

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35.2 Overseas Travel Accommodation

When an employee is approved to undertake overseas travel as part of their duties they will be entitled to have reasonable accommodation costs paid during the their travel. Employees are to obtain value for money when booking accommodation which should be at no more then 4 star rated accommodation.

When possible, accommodation should be paid for using an official Customs and Border Protection credit card. When the accommodation is not paid through the use of an official Customs and Border Protection credit card the employee will be paid an advance to cover accommodation costs. The employee is to retain all receipts for accommodation and other official expenses which must be fully acquitted on their return in accordance with Customs and Border Protection travel policy as detailed in the relevant CEIs and related IGs.

Rate for meals in accommodation with cooking facilities

If breakfast is included in an accommodation rate the amount paid for breakfast will be deducted from the meal allowance.

When an employee is at a locality for 5 days or longer and the accommodation has cooking facilities and utensils sufficient to allow the employee to prepare a cooked meal, the employee is entitled to 2/3rds of the amount for meals that would have applied.

35.3 Overseas Travel Clothing Allowance - Tropical/Extreme Cold

When an official is approved to undertake overseas travel as part of their duties they may be entitled to payment of a clothing allowance of $205 if approved by the delegate. A clothing allowance may be considered by the delegate when:

• the employee is visiting a country that is classified as “tropical” and is hotter than the climatic conditions where the employee is based in Australia; or

• the employee is visiting a country that experiences a “cold northern winter” and is considerably colder than where the employee is based in Australia.

This allowance is only accessible once in any three year period. The Clothing allowance must be 100% acquitted by the traveller who is to provide receipts showing the items and price of items purchased. Any balance of the allowance not acquitted is to be repaid.

35.4 Overseas Travel Equipment/Baggage Allowance

When an employee is approved to undertake overseas travel (excluding travel to NZ) as part of their duties they will be entitled to payment, if approved by the delegate, of an equipment allowance of up to $225. This allowance is only accessible once in any three year period. The equipment/baggage allowance must be 100% acquitted by the traveller who is to provide receipts showing the items and price of items purchased. Any balance of the allowance not acquitted is to be repaid

Equipment allowance for New Zealand, if approved by the delegate, is $120. When an employee has travelled to NZ during a three year period and undertakes a second trip to another international destination they may be paid the balance of the allowance if approved by the Delegate. The time for calculating the 3 year period for payment of the allowance will be the date the allowance was paid for the original trip to New Zealand.

An employee who is on a long term posting is not entitled to Equipment Allowance.

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35.5 Overseas Travel Miscellaneous Expenses

The following miscellaneous expenses incurred before and during official travel overseas are refundable on acquittal:

• passport & visa costs • copies of official documentation for passport application i.e. birth certificate • medical vaccinations • official telephone calls, telex & cable charges • public transport to/from airports and for official business • country entry/exit fees and other imposts of overseas governments • any currency conversion costs incurred whilst overseas • costs of hiring safety deposit boxes.

An advance to cover costs may be paid to the official at the time meals and incidentals allowances are advanced. This advance will be required to be acquitted. Any advances will be determined at the time of travel and should be outlined in the Overseas Travel Approval. Receipts for miscellaneous expenses are to be retained and presented at time of acquittal. Any balance of the allowance not acquitted is to be repaid

35.6 Rest Period during overseas travel

Employees who undertake an overseas journey by air with a travelling time of more than 12 hours will not be required to attend for duty until the employee has had a reasonable opportunity to recuperate (a rest period) at the destination or during a stopover en route.

The total duration of rest periods at the destination and en route will not exceed:

48 hours in the case of travel:

• between Australia and Europe, the Middle East, Africa, the West Indies, South America or Central America (including Mexico);

• eastwards from Australia to North America; or • westwards to Australia from North America (excluding British Columbia,

Washington State, Oregon and California); and

24 hours in any other case.

Travelling time for the purpose of rest period

Calculation of travel time begins at the time of departure from the locality where the journey originates and ends at the time of arrival at the locality that is the journey’s destination. The travelling time does not include any stopovers during the time of the travel. The travelling time for a journey does not include any rest period or period of leave or stopover at a locality at which an employee is not required to perform duty.

Effect of stopover on rest period

If an employee has an unavoidable stopover during a journey on a short term mission, the employee is not entitled to a rest period unless the relevant approver is satisfied, having regard to:

(a) the duration and locality of the stopover; (b) the duration of travel to an from the locality where the stopover occurs; and (c) any other factor relevant to the employee’s travel;

that the stopover is not equivalent to the grant of a rest period to the employee.

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Related Policies and References

Practice Statements:

Conditions of Employment in the Australian Customs and Border Protection Service

Other Instructions & Guidelines

• First Aid • Higher Duties • National Surveillance Unit (NSU) conditions • Customs Marine Unit (CMU) conditions • Other Payments • Transfers

Other References

• Australian Customs and Border Protection Service Enterprise Agreement 2011 – 2014.

• Work Health and Safety Act 2011 • WHS Policy – Health and Safety Management Arrangements • Good Working Relationships – Eliminating Workplace Harassment Policy • Official Clothing handbook

Key Roles and Responsibilities

The policy owner for this Instruction and Guideline is National Director, People and Corporate Services.

The advisors to this Instruction and Guideline creation are the Director Employee and Industrial Relations and team.

Consultation

Internal

Divisional Practice Statement Co-ordinators

Regional People and Corporate Support Units

National Pay and Accounts

External

CPSU

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Approval

Approved on 23 September 2012 (signature)

By Rosemary Holloway

A/g National Director

People and Corporate Services

Review Period In line with the Enterprise Agreement cycle

Period of Effect September 2012-2015