PSUWA 2022 - Award

The PSUWA 2022 Agreement was registered in the Tasmanian Industrial Commission (TIC) on Friday 23^rd December 2022.  A summary of PSUWA detail in respect of Agreements, Awards and Non-Agreement Matters is now available for review.  Below is PSUWA detail in respect of Tasmanian State Service and Health and Human Services Awards;

Proposed changes to Awards (Award variations anticipated to occur by 31 March 2023)

The changes to leave will be effective from the first full pay period commencing on or after (ffppcooa) 1 December 2022.

Paid Parental Leave (increase to current standard and a change to conditions)

Primary Caregiver: 18 weeks paid parental leave.

Secondary Caregiver: 4 weeks paid parental leave at the time of the birth. An additional 12 weeks paid parental leave if the secondary caregiver takes over primary care responsibilities within the first 18 months of the life of the child.

Paid and Unpaid Grandparent Leave (as part of Parental Leave) (New entitlement)

To support primary caregivers, TSS grandparents acting as primary caregivers will be entitled to paid Parental Leave: 18 weeks continuous paid parental leave where the grandparent has primary responsibility for the care of a newborn or newly adopted grandchild.

Further including the 18 weeks paid parental leave grandparents acting as primary caregivers are entitled to 52 weeks continuous unpaid leave where grandparents assume primary care giving responsibilities in respect of the birth or adoption of a child.

Foster Leave (New entitlement)

Up to 10 days paid leave per year to support foster carers, recognising diverse family arrangements.

Surrogacy Leave (New entitlement)

6 weeks paid surrogacy leave for an employee acting as a surrogate in a formal surrogacy arrangement pursuant to Surrogacy Act 2012.

Bereavement and Compassionate Leave (Amended entitlement)

Amend the scope of Bereavement and Compassionate Leave to include still birth and miscarriage, enabling employees to take up to 10 days compassionate and bereavement leave in these circumstances.

Aboriginal Cultural Leave (New entitlement)

5 days paid leave per year for Aboriginal or Torres Strait Islanders, to assist in cultural and ceremonial obligations or community culture events.

Disability Leave (New entitlement)

5 days paid leave per year to be used for activities or appointments associated with the employee’s disability.

Gender Transition Leave (New entitlement)

4 weeks paid leave and 48 weeks unpaid leave for employees undertaking a gender affirmation process.

Family Violence Leave (increase to current standard)

That the quantum of paid Family Violence Leave be increased to 20 days per personal leave year.

Salary sacrifice in rural and remote locations

The extension of salary sacrifice arrangements for all staff in remote/regional locations for remote area housing rental, housing loan interest or the costs of purchasing or building a property in line with ATO guidelines. Any benefit will be on the basis of no FBT liability accruing to the employer.

Recreation Leave (Clause TSSA and HAHSA)

Amend the current recreation leave clause in the awards and provide a standard clause to uncap recreation leave and provide flexibility for management to meet operational needs and the ability to direct employees to take leave after excessive accrual and where an employee has an excessive leave accrual, and genuine agreement has not been reached to reduce the excessive leave accrual, the employee may give a written notice to the Head of Agency requesting to take one of more periods of recreation leave.

Market Allowance (TSSA and HAHSA)

Amend current market allowance provision in TSSA and HAHSA to increase the market allowance from up to 10% to up to 20% of salary above the maximum salary of the specified band.

Shift Work provisions (TSSA)

Update and contemporise TSSA shift work provisions including the following:

Definition of a shift worker means an employee who works in accordance with a roster.

Provision for Day, Afternoon and Night Shift 

‘Day shift’ means a shift starting at or after 7.00am and terminating at or before 7.00pm.

'Afternoon shift' means a shift terminating after 7.00 pm and at or before midnight.

'Night shift' means a shift terminating after midnight and at before 8.00am.

Penalty rates

Shift workers working an afternoon are to be paid 15% more than the employee’s normal salary rate for the period of the shift.

Shift workers working night shift are to be paid 27.5% more than the employee’s normal salary rate for the period of the shift.

A minimum of eight-hour break between shifts.

Rostering provisions

Rosters to be provided for a 28 day period notified at least 14 days in advance.

Any changes to the roster not by agreement – penalties to apply.

Maximum number of consecutive night shifts to be defined.

Maximum number of consecutive shifts to be defined.

Provide for a minimum of two consecutive days off.

Improved superannuation benefits 

Employer superannuation contributions to extended to all periods of unpaid Parental Leave and extended personal leave without pay over 4 weeks.

Removal of classification cap on overtime 

Amend TSSA and HAHSA to remove existing caps on access to overtime, recall and availability for employees up to and including General Stream Band 8 and Professional Stream Band 3.

Compressed hours (TSSA)

Inclusion of a provision in the TSSA to make provision for working a compressed hours of work arrangement. Award clause to be drafted by 31 March 2023.

ICT pathway (TSSA)

Amend the TSSA Information Communications & Technology Classification Structure Appendix 10 to include clear promotion and progression pathways for ICT employees with a high level of technical expertise, but no management responsibilities.

Minimum Hours of engagement for fixed-term casual and permanent part-time employees (TSSA)

Make provision in TSSA to increase minimum hours of engagement of work for fixed-term casual and permanent part-time employees to 3 hours noting exceptions for School crossing guards in DoSG and any other relevant cohort.

Workplace Delegate Training Leave 

Amend the award to provide that workplace delegates may roll over up to 5 days of delegate training leave in one year where it is not all accessed in the previous year, for a maximum period of two years.

Private Vehicle Use (TSSA and HAHSA)

Amend the TSSA and HAHSA for Private Vehicle Use and Occasional user (without changing intent or operation) to clarify that the provision covers employees using electric vehicles.

Time Off In Lieu (TOIL) (TSSA)

Amend the Time Off In Lieu (TOIL) clause in TSSA, without changing the intent, or operation, to provide clarity that TOIL is to be paid out at the end of 28 days if not taken within the time period and no mutual agreement in writing to take at a later date. Clarify that TOIL is paid out on cessation.

Flexi-time (HAHSA)

Include the standard TSSA provisions for flexi-time in the HAHSA award with the same span of hours as TSSA.