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Express law

26 May 2015

New APS Award means change for SES employees

On 14 May 2015, a new modern enterprise award for the Australian Public Service commenced. The new Australian Public Service Enterprise Award 2015 replaces the previous Australian Public Service Award 1998.

Unlike the previous award, the Australian Public Service Enterprise Award 2015 does not cover SES employees. This has a number of consequences for SES employees, including that:

  • SES employees are no longer protected from unfair dismissal under Part 3-2 of the Fair Work Act 2009 (unless they are covered by another award or enterprise agreement).
  • SES employees are now free to enter into agreements to cash out annual leave in accordance with s 94 of the Fair Work Act 2009.
  • SES employees can now be directed to take annual leave, provided the direction is reasonable (s 94(5) of the Fair Work Act 2009).
  • SES employees are now free to enter into averaging arrangements for their hours of work in accordance with s 64 of the Fair Work Act 2009.

SES employees continue to have a range of other protections under the Fair Work Act 2009

While SES employees will usually no longer be protected from unfair dismissal under Part 3 2 of the Fair Work Act 2009, they will continue to have protection from unlawful termination and other forms of unlawful adverse action under the General Protections in Part 3-1 of the Fair Work Act 2009.

Text of the award is available at: www.fwc.gov.au

 

For further information please contact:

Amanda Johnston
Senior General Counsel
T 02 6253 7591
amanda.johnston@ags.gov.au

Bianca Wellington
Counsel
T 02 6253 7429
bianca.wellington@ags.gov.au

 

 

 

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