Australian Government Industry Award 2016

Coverage is the threshold issue under this award. The Commonwealth connection matters, but the exclusions do most of the practical work.

• Check first that the employer and employee are within the covered part of the Australian Government industry.
• Then work through the exclusions, especially APS Enterprise Award coverage, mainstream occupational awards and senior management roles.
• If more than one award may apply, clause 3.5 uses the work performed and the work environment to decide the better fit.

Employment status is not a background detail in this award. It has to be stated clearly at the start and recorded properly for part-time arrangements.

• At engagement, each employee must be told whether they are full-time, part-time or casual.
• Part-time employees need written notice of their weekly hours and pattern of work, including start and finish times for day workers.
• Casual employees receive the casual loading, and any pathway out of casual status is governed by the NES.

Classification should be done against the AG descriptors, not just against a salary label or local role name. That matters most in mixed operational and policy teams.

• The main classification structure runs from AG Level 1 to AG Level 8, with cadet practical training and technical trainee classifications as well.
• Schedule B gives the descriptors that sit behind the AG levels.
• The right question is what level of responsibility, autonomy and complexity the role actually carries.

The agency schedules are not generic appendices. If the employer is one of the named bodies, the relevant schedule must be read alongside the main award every time.

• The award contains named agency schedules for AFTRS, Australian Hearing, AMSA, APRA, the ASC and CASA.
• Each of those schedules says it is read with the body of the award and prevails if there is an inconsistency.
• Do not assume one schedule rule applies across every agency. The named schedule has to be checked directly.

Hours management under this award is structured. Employers need to know whether they are using standard day work, flextime or shiftwork and keep those systems separate.

• Ordinary hours for a full-time employee are 36.75 a week and can be averaged over up to 28 days or the roster cycle, whichever is longer.
• Day worker ordinary hours generally sit between 8.00 am and 6.00 pm Monday to Friday unless an alternative 12 hour span is adopted by agreement.
• Employees must not work more than 5 hours without an unpaid meal break of at least 30 minutes, and flextime must operate under the award's own rules.

Travel is its own compliance topic in this award. It should be reviewed before the trip, not fixed afterwards as a payroll clean-up exercise.

• The award separately regulates vehicle use, travelling reimbursement, excess travel time and excess fares.
• Excess travel time only arises if the award's thresholds are met, including the AG Level 4 salary cap and the minimum extra travel time requirements.
• Travel away from the usual place of work should be checked before it is treated as ordinary commuting.

PR799280, PR799433, PR799585

The current consolidated award incorporates these recent variation determinations. Use the consolidated wording when checking any affected clause, schedule, rate or allowance.

Affected: 12 - Minimum wages, 13 - Allowances, Schedule F - Employment conditions specific to the Australian Film, Television and, Radio School, Schedule H - Employment conditions specific to employees of Australian Hearing, Services, Schedule I - Employment conditions specific to the Australian Maritime Safety, Authority, Schedule J - Employment conditions specific to employees of the Australian Prudential, Regulation Authority, Schedule K - Employment conditions specific to the Australian Sports Commission, Schedule L - Employment conditions specific to the Civil Aviation Safety Authority