AEU Industrial Update #4 – November 2023 

 The end of year Christmas party: Make it one to remember, not regret

After another hard year of serving your communities and helping your students, you might be excited for your end of year celebration. The all-staff end of year/Christmas party is a chance to relax with your colleagues and send off the year. Here’s some tips to help make it a good one. 

1. 1. Understand that workplace laws, rules and policies continue to apply at the event  

End of year/Christmas staff parties are regarded as work-related functions. This means that, not only does your employer have a duty to ensure that the event is safe, but it also means that employees must adhere to employer policies and procedures, including ensuring that you are keeping yourself and others safe. 

The Code of Conduct and professional standards also apply at work events, and falling foul of these means that you may be subjected to a preliminary assessment or misconduct investigation. This means that you can face consequences if you speak or act in a way that might constitute harassment, bullying, or discrimination.  

By all means, have a good time – just be mindful of the wellbeing and safety of others while you do so. 

2. 2. You don’t have to go, and you can leave at any time  

End of year celebrations should be inclusive to all staff. This means everybody should feel welcome to attend, regardless of whether they drink alcohol, their religious or cultural background, or whether they want to spend much of their own money.  

That said, if you don’t want to go to your staff party, you shouldn’t feel pressured to. And if you do go and something makes you feel uncomfortable, you can leave at any time.  

3. 3. Don’t party without a plan 

It’s a good idea to make a plan about how much you intend to drink and how you’re going to get home. Having a plan B in case one drink becomes a couple is essential. 

For top marks, team up with some trusted colleagues and make sure that everyone has a great time and gets home safe.  

4. 4. Solidarity means we look out for each other 

If you notice that anyone feels uncomfortable, is engaging in unsafe behaviour, or needs a hand in any way – be the colleague they need in that moment. It’s always alright to call someone a taxi or remind them of their professional responsibilities at work events. It’s always alright to ask someone for help. 

If you have any issues at your staff event and need advice before or after, the AEU is here – email us at aeuact@aeuact.org.au.  

Overpayments 

Being notified of an overpayment can be a stressful time. Unfortunately, however, it is not uncommon. The AEU office is here to assist those who have been notified of a potential overpayment. Our team can advise and assist you as to whether (a) there is actually an overpayment, (b) challenging the overpayment or (c) seeking a waiver of the overpayment. If there is a genuine overpayment, we can also provide advice on repayment options that will ensure that the financial impact of repayment is as minimal as possible.  

The process for recovery of overpayments is set out in section D5 of the enterprise agreement. Further information about overpayments can be found in the whole of ACTPS policy. However, below is a brief outline of the overpayment process, including when you should contact us. 

For an overpayment to be recovered by the employer, it must be first established that an overpayment exists. The first you might hear about an overpayment is from Shared Services, who will advise that they believe there is an overpayment and will send you a document called an ‘Agreement to Recovery of Overpayment and Authority to Deduct Form’. It will ask you to return that form within 14 days.  

If you receive such an email from Shared Services and are unsure about how the overpayment has occurred or disagree an overpayment has occurred, we recommend that you seek further information of the overpayment in accordance with clause D5.6 of the enterprise agreement. This request should be made to Shared Services (hrsharedservices@act.gov.au) as soon as possible. Shared Services will then provide the following information: 

1. 1. The pay period(s) in which the overpayment occurred.  

2. 2. The nature of the overpayment.  

3. 3. The reasons why the overpayment occurred.  

4. 4. The gross and net components of the overpayment. 

If you agree an overpayment has occurred, or after receiving the above information you understand an overpayment has occurred, the employer is obliged to enter into a suitable recovery arrangement in accordance with clause D5.9 or D5.12 of the enterprise agreement. You do not have to agree to the overpayment being paid in one lump sum, even though that may be held out as the only option. 

A suitable repayment arrangement will take into consideration the size of the debt, as well as the potential financial impact of making repayments. We usually recommend members ask to repay overpayment by regular payroll deduction from your fortnightly salary, as well as providing information to Shared Services as to why you would suffer financial hardship if you were required to repay by way of a lump sum or large fortnightly deductions. The default rate of fortnightly deductions is 10% of your gross fortnightly pay (i.e., if your gross fortnightly pay is $3,000, the amount deducted would be $300). However, if there are reasons as to why such deductions will cause financial or other hardship, you should let Shared Services know and seek a smaller percentage deduction. If you would like to make an application to repay the overpayment in smaller instalments, we strongly recommend you contact the AEU office for advice and assistance. 

If you cannot agree on a recovery rate, the overpayment will be recovered at the rate of up to 10% of your gross fortnightly pay, or such other rate determined by the head of service having regard for all of the circumstances.  

If after being provided with information about the overpayment you do not agree that you are liable for such an overpayment, you should contact the AEU office for advice and assistance. We can provide advice on your options, including submitting an application for waiver of the overpayment, or challenging that the overpayment exists.  

An application for waiver should be made within 14 days of receiving information regarding the overpayment. In applying for a waiver, an employee must demonstrate exceptional circumstances for requiring a waiver, such as but not limited to financial hardship and the circumstances under which the overpayment arose. If a waiver is not approved, the employer must inform you in writing of the following: 

1. 1. The decision to waive any, or part, of the overpayment, if applicable. 

2. 2. The process for recovery of the overpayment, if any. 

3. 3. The proposed recovery rate, if any. 

If you are proposing to make a waiver application, we strongly recommend you contact the AEU office for advice and assistance. 

We also recommend that members speak with their accountant or financial advisor if they are unsure on how to proceed in repaying the overpayment. 

CIT members should note that there is a slight variation in the overpayment process under the current CIT Enterprise Agreement, however, the new Agreement (currently in the access period) reflects the whole-of-government process as outline above.  

If you have concerns, require further information, or suspect there has been an error in your pay, please email the AEU office for assistance from the WAMS team (aeuact@aeuact.org.au).  

Corporate Citizens allowance

As part of the new enterprise agreements, employees holding certain positions may be entitled to receive the Corporate Citizens allowance.  

Most people would be aware that those holding First Aid Officer or Fire Warden positions were entitled to an allowance. The Corporate Citizens allowance now absorbs both of those positions, as well as extending an allowance to those who are elected Health and Safety Representatives.  

The Corporate Citizens allowance has also introduced some other changes, including:  

• • A person holding one or more positions is only entitled to a single allowance, unlike under the former enterprise agreement where a person was eligible to receive both the First Aid Officer and Fire Warden allowances. However, if an HSR holds advanced or specialist first aid qualifications, they may receive the Corporate Citizens allowance for being a HSR as well as receiving the Advanced First Aid allowance. 

• • For employees required to maintain a First Aid qualification as part of their normal duties, but who are not a designated First Aid Officer, are not eligible to receive the Corporate Citizens allowance. 

• • The allowance is payable daily, rather than over a fortnight. 

If you’re an HSR, it’s important to understand that you will only be eligible to receive the allowance once you have successfully completed HSR training. 

Further information regarding the Corporate Citizens allowance, including on eligibility and how to make a claim for the allowance, can be found in the ACT Government’s ‘Corporate Citizens Allowance Guideline’. 

Long Service Leave

The AEU has recently published a fact sheet on long service leave. Members will need to be logged into the AEU website to access the fact sheet.  

Long service leave is a common entitlement across the ACT public service. Most of the advice in this fat sheet is applicable to all our members working across the EDU (including teachers, school leaders, psychologists and school assistants), as well as those working in CIT. However, there are some minor differences for CIT staff regarding entitlements to take long service leave flexibly. If you are in CIT and have an issue with this or are needing advice, please reach out to us.