Section A - Title and scope of the Agreement

Updated: 6 December 2016

1. Title

1.1. This Agreement is known as the Australian Electoral Commission Enterprise Agreement 2016–2019.

2. Parties Covered

2.1 In accordance with section 53 of the Fair Work Act 2009 (Cth) (FWA), this Agreement covers:

  1. the Electoral Commissioner (on behalf of the Commonwealth); and
  2. all APS employees employed under the Public Service Act 1999 (Cth) (PSA) except for Senior Executive Service (SES) employees

3. Commencement and duration

3.1. This Agreement commences on the seventh day after approval is given by Fair Work Commission and will nominally expire three years after the date of commencement.

4. Operation of the Agreement

4.1. This Agreement operates to the exclusion of awards but does not affect an Employee's entitlements, if any, contained in the PSA, the FWA and/or other Commonwealth legislation, including legislation relating to:

  1. discrimination;
  2. long service leave;
  3. maternity leave;
  4. parental leave;
  5. superannuation;
  6. workers' compensation; or
  7. work health and safety.

4.2 To the extent that there is inconsistency between this Agreement and any applicable legislation, the terms of the legislation will prevail.

4.3 The operation of this Agreement is supported by policies, procedures and guidelines which will apply in the form they are in as at the time of any relevant action/decision. Such policies, procedures and guidelines do not form part of this Agreement. If there is an inconsistency between the policies, procedures and/or guidelines and this Agreement, this Agreement will prevail to the extent of the inconsistency.

5. Political neutrality

5.1 Political neutrality is an inherent requirement for all Employees working at the AEC.

5.2 Employees must at all times, in connection with their employment, maintain political neutrality and not engage publicly in any political affairs.

6. Delegation of powers

6.1 The Electoral Commissioner may, in writing, delegate to, or authorise, a person or persons to perform any of the Electoral Commissioner's powers or functions under this Agreement, subject to conditions.

6.2 Where the Agreement implies that approval is necessary, or specifies that payment will be made or leave will be granted, but a head of power is not specified, the Agreement should be read as meaning the approval of the Electoral Commissioner must be obtained prior to the action occurring.

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