Documents Workplace Relations 10.14379.pdf - Chief Minister's ...

Recommendation
That you agree to the Government Negotiators finalising negotiations following the inprinciple
agreement of LAMS Staff Negotiators, consistent with the approach outlined
above, and bringing the matter to a staff vote as soon as possible.
Jolt Sta1tlzope MLA ........................ .. . .. ......... I I
AGREED/NOT AGREED/PLEASE DISCUSS

Without Prejudice
Legislative Assembly Members' Staff Enterprise Agreement 2010-2011
The Government's Position:
1. Quantum of Pay Increase
2.5% increase from 1 July 2010 plus a $650 sign-on bonus to eligible employees .
once agreement is reached.
2. Duration of Agreement
A short-term Agreement which will terminate on 30 June 2011.
3. Termination Payments
In accordance with the Auditor General report requirements wording of the current
Agreement clause 13.2 to be revisited and clarified.
Management initially wanted changes in accordance with the attached document.
However, over the life of the negotiations mana·gement has pared that back to
wanting now to only remove termination payments for new employees whose
employing MLA chooses not to contest a general election and where there is
significant advance warning that staff will not be re-engaged.
All existing staff.would be grandfathered and protected from this change which
would only apply to new staff engaged after the Agreement is made.
4. Time Off In Lieu
Accumulation of TOIL credit to be capped at below 100 hours.
5. Annual Leave
Bring excessive annual leave credit handling in line with methodology used in the
ACTPS.
6. Minimal change
Minimal changes to be made apart from those changes mentioned above and
others legally required by the Fair Work Act 2009.

Gratton, lan
From:
Sent:
To:
Cc:
Subject:
Hi Peter,
Tegg, Warren
Wednesday, 16 February 2011 2:01PM
Gillin, Peter;.'michael.white@alliance.org.au'; Matt.Taylor@cpsu.org.au;
'leila.walter@cpsu.org.au'; 'labourunityact@gmail.com'; Layland, Penelope; Moody,
Patrick; Hunter, Andrew; Hagan, ian; Huetter, Pierre; Viney, Sandra; Mallett, Jim
Gratton, ian; Coyles, Laurel; May, Chris
RE: LAMS negotiations- new management position
Could I please get some clarification on the issue of termination payments, is the management suggestion that there
would be literally no change to the text in that section of the Agreement, rather than a change in the wording to
clarify the current entitlement and remove the confusion that the Attorney General highlighted?
Further, there is no mention of the 2.5% pay rise, back pay from 1 July 2010 and the $650 sign on bonus which I
assume are included in the offer, but just for sake of clarity I thought I should ask and make sure.
Cheers,
N
From: Gillin, Peter
Sent: Wednesday, 16 February 2011 1:53 PM
To: 'michael.white@alliance.org.au'; Matt.Taylor@cpsu.org.au; 'leila.walter@cpsu.org.au';
'labourunityact@gmail.com'; Layland, Penelope; Tegg, Warren; Moody, Patrick; Hunter, Andrew; Hagan, Ian; Huetter,
Pierre; Viney, Sandra; Mallett, Jim
Cc: Gratton, Ian; Coyles, Laurel; May, Chris
Subject: RE: LAMS negotiations- new management position
Importance: High
Dear all
the following is a new management position in regard to the LAMS negotiations.
Termination payments
Management proposes to defer the negotiations on this issue until the next round of bargaining. This means that
the current provisions of the existing agreement will be carried over into the new agreement.
TOIL
Management proposes that TOIL provisions be changed and reduced to a maximum retention of 100 hours.
Annual leave management
Management proposes the adoption and immediate introduction of ACT Public Service (ACTPS) equivalent annual
leave management plans i.e. similar plans which are articulated in ACTPS common terms and conditions clauses
F7.20 to F7.23.
Bargaining representatives claim to extend LAMS allowance to all forms of paid leave
Management proposes to defer the negotiations on this issue until the next round of bargaining. Management
suggests that this issue be included in the joint review of the LAMS allowance, timesheets and TOIL arrangements
during the life of the new agreement.
ACTPS common terms and conditions improvements
Should agreement be given on all of the foregoing management will flow through to a new LAMS agreement ACTPS
common terms and conditions improvements recently negotiated in ACTPS agreements in relation to:
• bereavement leave- increased by 2 days;
• Paid maternity leave- increased by 4 weeks.
1

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\_ · ' :-.. · • .. -Paid primary care giver leave- increased by 4 weeks and expanded to include long term fostering
'-· arrangements and keeping in touch provisions of the National Employment Standard.
"' • Paid bonding leave- increased by 5 days and expanded to include long term fostering arrangements.
• Unpaid parental leave- expanded to include long term fostering arrangements and keeping in touch
provisions of the NES.
• Public Holidays- amended to include Family and Community Day.
• Mature Age Payment- a payment made instead of employer superannuation contributions for eligible
employees.
• Request for Flexible Work Arrangements- to care for children under school age or with a disability, a NES
provision.
• Special maternity leave- access to unpaid leave where an employee is unfit for work due to a pregnancy
related illness or termination of pregnancy, a NES provision.
• Grandpa rental leave- access to 52 weeks unpaid leave to undertake a primary·care giving role.
• Voluntary community service- access to 3 days paid leave to engage in a recognised voluntary community
service activity, a NES provision.
• Flexibility term- agreement to vary the application of specified provisions of the enterprise agreement to
meet the needs of the Agency and individual employees, consistent with the FW Act.
Should you wish to discuss any element of this new position please contact me on x50307.
Kind regards
Peter
Peter Gillin
Alg Senior Manager
Workplace Relations
Public Sector Management and Industrial Relations Group
ACT Chief Minister's Department
tel: (02) 620 50307
fax:(02) 620 50334
email: peter.gillin@act.gov.au
2

3. Do staff in other parliaments in Australia receive such a bonus.
It is understood this question refers to the payment of the LAMS allowance.
There are a variety of arrangements in other jurisdictions that compensate parliamentary
staff for additional hours worked. These include, either singly or in combination, paid
overtime, time off in lieu and an allowance.
In the Commonwealth, for example, parliamentary staff receive an allowance as
compensation for reasonable additional hours of work, over and above their ordinary hours
of 3 7.5 hours per week. The Connnonwealth parliamentary staff allowance ranges from
$16,400 per annum for lower level staff to $27,500 per ammm for senior staff. The
allowance increases in line with salary increases, which will include a 3% increase from
April 2011. Staff who, for personal or family reasons do not frequently work additional
hours, may elect to accrue TOIL instead of receiving the allowance.
In relation to LAMS, the 7% LAMS allowance equates to around $3,500 - $4,300 per
ammm for an Adviser level 1 and around $6,200 - $8,000 per annum for a Senior Adviser.
While this is well below the Commonwealth parliamentary staff allowance it is in addition
to the accrual of TOIL. The allowance is to compensate staff for the first two hours of
overtime over and above their ordinary hours of36.75 hours per week. While LAMS staff
currently are not required to work a minimum of38.75 hours a week to receive the
allowance, they do not start to accrue TOIL until they have worked 38.75 hours in a week.
Extension of LAMS Allowance to Annual Leave
As indicated at 2. above there are other ACTPS allowances that are currently paid during
periods of paid leave, including annual leave.
The initial staff claim was for the current 7% LAMS allowance to be paid on all forms of
paid leave.
What is suggested for consideration is reducing the rate of the LAMS allowance to 6.5%
and, in exchange, paying the allowance on periods of paid annual leave alone. In this way,
only where staff use their full annual entitlement to four weeks annual leave during the year
they will receive the equivalent ammmt. Where staff use less than four weeks annual leave
during the year they will receive less than the equivalent amount under cunent LAMS
allowance, resulting in a saving.
Recommendation
That you:
• note the response to the questions you raised with regard to the brief of 28 January 2011.
• indicate your preference to either:
or
NOTED/PLEASE DISCUSS
(a) maintain the existing negotiating position of TOIL capped at under 100 hours;
the introduction of ACTPS equivalent annual leave management plans; and
no termination payment for staff whose Member does not seek re-election.
AGREED/NOT AGREED/PLEASE DISCUSS

LL
w
- 0:::
co
Date
To
$[February 2011
Chief Minister
o ChiefExecutive ·
• Deputy ChiefExecutl e, Governance
From Director Public Sector Management
RECEIVED
1.1 FEB 2011
. in ChiefMinillt:e1·'s Office
CHIEF 1.\IUISTER'S OEPARTMEIIT
Subject Legislative Assembly Members' Staff Comparison of Entitlements
Purpose
To brief you on the entitlements of Legislative Assembly Members' (LAM) staff.
Background
You requested a brief on the entitlements of LAM staff compared to their counterparts in other
jurisdictions. '
A request was forwarded to other jurisdictions on 24 January 2011, seeking details of the
entitlements of parliamentary staff in the other States and the Northern Territory. A response to this
request is expected by 11 February 2011.
In the meantime, a summmy has been prepared comparing the entitlements of LAM staff with
employees in the ACT Public Service (Attaclmtent A).
Issues
LAM staff enjoy a number of enhancements or flexibilities over ACTPS employees, including:
• TOIL - currently capped at 140 holliS. Provisions for TOIL and flextime in the ACTPS vary·
from Agency to Agency but are generally capped at 2 weeks (73.5 hours to 76 hours).
• LAMS allowance - 7% of salary paid in lieu of the first two hours ovetiime per week. Some
composite pay rates apply in the ACTPS that include a paid ovetiime component. Generally
additional hours worked in the ACTPS, with the exception of Senior Officers, is either paid as
overtime or accmed as flextime.
• Work-related expenses- reimbursement for approved mobile phone expenses.
e Annual leave loading- employees may elect to receive payment by fortnightly instalment.
• Long service leave- employees may elect to receive an allowance in lieu ofLSL accrual. This
is not available in most ACTPS Agencies.
• Superannuation -maintenance of 16% employer contribution for existing employees at the
commencement of the 2007-2010 agreement.
A number of enhancements were made to the entitlements of ACTPS employees in the sixth round
that are not covered by the current LAMS collective agreement. These include, among others:
• Bereavement leave - increased by 2 days;
• Paid maternity leave- increased by 4 weeks.

From: Gillin, Peter
Sent:
Tuesday, 25 January 2011 12:37 PM
To:
McAiary, Luke
Cc:
Gratton, ian; Layland, Penelope; Viney, Sandra; Coyles, Laurel
Subject:
RE: LAMS Negotiating Positions
Importance: High
Luke
further to my previous email and the comment received from Sandra. I suggest we change the management position
to:
• 2.5% increase, sign bonus and flow on of employment conditions realised through ACTPS round eg mat and
bonding leave increases if they agree to whole package;
• TOIL capped at less than 100 hours;
• Adoption of annual leave management plans;
• the LAMS allowance paid on paid annual leave, but not accumulated annual leave on termination or other
forms of paid leave, at the rate of 6.5%; and
• the retention of the existing 2007-10 agreement termination provisions.
Should that position fail! recommend we apply to FWA for assistance.
Are you ok with this.
·From: Gillin, Peter
Sent: Monday, 24 January 2011 10:15 AM
To: McAiary, Luke
Cc: Gratton, Ian; Layland, Penelope; Viney, Sandra; Coyles, Laurel
Subject: FW: LAMS Negotiating Positions
Importance: High
Luke,
Clarification was sought, at the LAMS negotiation meeting with staff and union representatives on Friday, with
regard to the respective staff and Government negotiating positions.
As you are aware there had been an approach to the Chief Minister following an impromptu meeting between
myself and Warren Tegg on Thursday.
Warren Tegg advised the negotiation meeting of the current staff position.
Staff are prepared to accept:
• TOIL capped at 110 hours; and
• Annual leave management plans
in exchange for:
• LAMS allowance paid on all forms of paid leave at the current rate of 7%; and
• No change to termination payments.
The issue was also raised in relation to grandfathering arrangements for those staff who have TOIL credits in excess
of the cap.
In regard to the LAMS allowance payment claim for paid leave Warren Tegg claimed that he had raised it with me on
Thursday. I maintain he did not- what he had raised was that they would forego their claim in respect to it and
would reduce TOIL to 110 hours if we would forego our position on termination payments.
1

Workplace Relations
Public Sector Management and Industrial Relations Group
ACT Chief Minister's Department
tel: (02) 620 50307
fax:(02) 620 50334
email: peter.qillin@act.gov.au
3

u.
w
- 0:::
00
Date
To
From
Subject
b). (f.-December 20 liD
Chief Minister
• Chief Executive
Director, Public Sector Management
CHIEF MltliSTF.R'S OEPARTMEIIT
Response to letter from LAMS Enterprise Bargaining Representatives
Critical Date and Reason
Staff bargaining representatives are seeking responses from MLA's to the current management
position before 14 January 2011.
Pm·posc
You have sought advice on (i) the most recent letter from LAMS bargaining representatives
(Attachment A) and (ii) how negotiations can be progressed towards arbitration.
Background
On 20 December you wrote to Mr Warren Tegg (Attachment B) outlining the Government's
position on the tlu·ee contentious negotiation matters:
• a reduction in the TOIL cap from 140 hours to 80 hours;
• the introduction of excess mmual leave management provisions where credits exceed those
accrued in two years; and
• the rectification of the provisions relating to termination paynients which were the subject of
adverse comment by the Auditor-General in 2009.
The most recent letter from bargaining representatives to all MLA's and staff argues:
• a reduction in TOIL will reduce flexibility in MLA offices, the taking of TOIL at inopportune
times or the falsification of attendance records. Fmther that it is inappropriate to match LAMS
TOIL provisions with those of the ACTPS;
• changes to annual leave provisions equivalent to the ACTPS will impact on the workings of
MLA Offices similar to the proposed TOIL changes; and
• the removal of termination payments in the event that an MLA chooses not to contest an
election will remove the incentive to remain working for a retiring MLA. Fmther that staff
employed by Federal politiCians enjoy this benefit and its removal will act as a disincentive in
attracting experienced staff.
Issues
It is clear on the basis of the latest exchanges that the negotiations have reached an impasse and that
staff are seeking to progress matters outside of the formal bargaining process. Given this, you have
sought advice as to how the matter can be moved towards arbitration.

Jon Stanhope MLA
CHIEF MINISTER
MINISTER FOR illANSPORT MINISTER FOR TERRITORY AND MUNICIPAL SERVICES
MINISTER FOR BUSINESS AND ECONOMIC DEVELOPMENT MINISTER FOR LAND AND PROPERTY SERVICES
MINISTER FOR ABORIGINAL AND TORRES SillAIT ISLANDER AFFAIRS
MINISTER FOR THE ARTS AND HERITAGE
MEMBER FOR G!NNINDERRA
Mr .Warren Tegg Mr Patrick Moody
ALP Executive Staff Representative Greens Staff Representative
Mr Ian Hagan Mr Andrew Hunter
Liberal Staff Representative ALP Non-. Executive Staff Representative
Dear Sirs
I write in response to your letter of 23 December 20 I 0 conceming current enterprise
negotiations and the remaining contentious issues of time in lieu, annual leave and
tetmination payments.
I regret that staff have not recognised the significant concessions made by the
Management Negotiating Team in respect of these issues and that there appears to have
been a decision taken to prosecute this matter away from the bargaining table.
The suggestion that management's position in respect of TOIL and the administration of
excess amiualleave will impinge upon the flexible operation of MLA offices is simply
incotTect. Where good management practices are applied, all offices will be able to
operate effectively under the proposed changes. It is notable that in various areas of the
ACT Public Service business needs, including long and irregular hours, dictate patticular .
TOIL arrangements, yet none are so .generous as those provided to MLA staff. Moreover,
MLA's should be concerned over any practice which facilitates the inappropriate use of
atmualleave for purposes other than which it was intended.
The argument that MLA staff should be provided with the equivalent increased pay and
conditions negotiated for the ACT Public Service in mid 2010, yet not subject to similar
reasonable administrative practices when it comes to time in lieu and annual leave
equally appears to be little more than 'cherry picking'.
I would also reiterate that the suggested changes to termination payments arise from the
findings of the 2009 Auditor-General report into the administration of employment
arrangements in the Legislative Assembly. Fwther, that while equivalent termination
provisions may currently be found in the Federal Parliam.ent, practice varies across all
other Australian jurisdictions.
.ACT LEGISLATIVE ASSEMBLY
London Circuit, Canberra ACT 2601 GPO Box 1020, Canberra ACT 2601
Phone (02) 6205 0104 Fax (02) 6205 0433 Email stanhope®act.gov.au

If these arguments are not accepted, I am proposing that we jointly make application to
Fair Work Australia (FWA) under section 240 of the Fair Work Act 2009 to deal with
this dispute.
While it is regrettable that FWA must be troubled to deal with what should otherwise be
resolved through good faith bargaining, I can foresee no other alternative. Indeed it would
be unfortunate if public confidence in the operations of the Legislative Assembly were
undermined by a failure to follow the available and proper mechanisms for dealing with
industrial disputes and if this matter was to be prosecuted otherwise.
Accordingly, should you not agree to this course of action, I will instruct the
Management Negotiation Team to proceed with an application regardless.
Yours sincerely
Jon Stanhope MLA
Chief Minister
cc. All MLA's, All LAMS Staff, Ian Ryall CPSU, Leila Walter CPSU, Michael
WhiteMEAA
2 4 DEC 2010

Gnitton, lan
From:
Sent:
To:
Cc:
Subject:
me too.
ian Hagan
DEPUTY CHIEF OF STAFF
COMMUNICATIONS DIRECTOR
Office of Zed Seselja MLA
LEADER OF THE OPPOSITION
n 0419 287 817
p 6205 3669
f 6205 3001
Hagan, ian
Wednesday, 8 December 201010:18 AM
Tegg, Warren; Gillin, Peter; Gratton, lan; Layland, Penelope; Coyles, Laurel; Viney,
Sandra
michael.white@alli

With regard to the management of annual leave, the Govenunent's position is consistent with
the arrangements applying In the ACTPS that employees have an annual leave usage plan in
place if their credits exceed those accmed in two years. The adoption of this provision is to
encourage the use of annual leave, and is not dependent on any review of TOIL arrangements.
In relation to the accrual of TOIL, the Government's position is that an 80-hour cap is more
than sufficient, on the basis that senior officers in the ACTPS do not have access to such
generous arrangements, ihat the salaries of LAMS employees are somewhat in advance of their
ACTPS counterparts as reflected in the 2002 Marshall Repod, and that compensation for
additional hours worked is incorporated into these salaries.
The Govemment' s position on these three unresolved matters is ·not unreasopable. Better
management to avoid the excessive accrual of ammalleave and TOIL are important from an
occupational health and safety perspective. Amending and clarifying the termination payment
provision will go some way to addressing the reconm1endation in the Anditor-General's 2009
report on the Adminislratiml of employine111 issues .for staff of Members of the Legislative
Assembly and the subsequent criticisms levelled at government and unions.
While the Government position in relation to these matters has moved, it appears that the staff
and unions have to date been 1mprepared to make any concessions. It is tltis unwillingness of
staff and unions to 1i1ake concessions on these matters that has prevented the parties reaching
agteement, not delays attributed to the govenn11ent negotiatii1g team. I therefore request that
staff reconsider their position in relation to these matters and I reaffirm my commitment to
continued negotiations.
Yours sincerely
Jon StanhopeMLA
Chief Minister
CC: All !viLAs, All LAMS Staff, Michael White (MEAA), Matt Taylor (CPSU),
Leila Walter (CPSU)
2 0 DEC 2010

Date 24 September 2010 ·
To Chief Minister
CIIIEF MINISHR'S OEPARTMEIII
• Chief Executive I
a Deputy Chief Executive, Governance
From A!g Director Public Sector Management
. Subject Legislative Assembly Members' Staff Enterprise Agreement -Negotiations
Critical date and reason
Confirmation of a negotiating position is required as soon as possible and desirably ahead
of your leave.
Purpose
To confirm the management negotiating position on key issues for the replacement LAMS.
enterptise agre.enient.
Bacl,ground
The followitig three key issues have been the subject of discussion and negotiation in the
proposed 20 I 0-2011 LAMS enterpdse agreement:
Issues
o A cap on accrued time of in lieu ("fOIL);
o A cap on accrued annual leave; and
• Termination provisions and entitlements.
Following discussion with you, the management negotiating position on these three issues
has been fmther refined. For the 2010-2011 Agreement the proposed management position
is:
• the cap on TOIL should be reduced from 140 hours to 80 hours;
• annual leave credits should be managed in a manner consistent with the
arrangements applying in the ACTPS and employees should have a plan in place if
their credits exceed those accrued in two years; and
• subject tq agreement on the TOIL and annual leave provisions above,. reinstate the
Termination Provisions into the agreement but exclude payment being made to new
staff employed during the life of this Agreement if their employment ceases as a
result of the MLA not contesting a general election.

Gratton, lan
From:
Sent:
To:
Cc:
Subject:
Gillin, Peter
Monday, 29 November 2010 11:04 AM
Tegg, Warren; Gratton, ian; Layland, Penelope; Coyles, Laurel; Viney, Sandra
michael.white@alliance.org.au; leila.walter@cpsu.org.au; ian Ryall; Hagan, ian; Hunter,
Andrew; Mallett, Jim; Moody, Patrick
RE: LAMS negotiations - Staff Response
Good morning Warren
your response is being considered by management. I will inform you further when I have received a management
response.
Kind regards
Peter
Peter Gillin
A/g Senior Manager
nkplace Relations
Public Sector Management and Industrial Relations Group
ACT Chief Minister's Department
tel: (02) 620 50307
fax:(02) 620 50334
email: peter.gillin@act.gov.au
From: Tegg, Warren
Sent: Monday, 29 November 2010 11:01 AM
To: Tegg, Warren; Gillin, Peter; Gratton, Ian; Layland, Penelope; Coyles, Laurel; Viney, Sandra
Cc: michael.white@alliance.org.au; leila.walter@cpsu.org.au; Ian Ryall; Hagan, Ian; Hunter, Andrew; Mallett, Jim;
Moody, Patrick
Subject: RE: LAMS negotiations - Staff Response
Good morning,
I am writing to follow up on my email below and ask when we might expect a response as I have received questions
from a number staff last week and again this morning.
Regards,
Warren Tegg
From: Tegg, Warren
Sent: Wednesday, 17 November 2010 4:11PM
To: Gillin, Peter; Gratton, Ian; Layland, Penelope; Coyles, Laurel; Viney, Sandra
Cc: 'michael.white@alllance.org.au'; 'leila.walter@cpsu.org.au'; 'Ian Ryall'; Hagan, Ian; Hunter, Andrew; Mallett, Jim;
Moody, Patrick
Subject: LAMS negotiations - Staff Response
Hello all,
Please see below for the staff response to the management offer.
1

Gratton, lan
From:
Sent:
To:
Subject:
Attachments:
Gratton, ian
Thu.rsday, 11 November 2010 11:49 AM
McAiary, Luke; Gillin, Peter; Layland, Penelope; Viney, Sandra; Gayles, Laurel; Wilson,
Chris
LAMS TOIL Statistics
LAMS TOIL SUMMARY.doc
Attached for your information .and comment is a summary of TOIL statistics from 2008 and 2010 for a sample of
Executive and Non-executive staff.
The figures compare the accumulation of TOIL in an election year (2008) compared with a non-election year (2010),
in accordance with the undertaking given at the last LAMS negotiation meeting on 29 October.
The main observations are that the figures for this sample of staff do not support the contention that staff work
significantly more hours in an election year (see footnote 3), and that the majority of the employees had TOIL
credits of less than 60 hours including during the 2008 election year (see footnote 4).
ian Gratton
Workplace Relations
Chief Minister's Department
Ph: 02 6205 0361
Email: ian.gratton@act.gov.au
Tracking:
1

Recipient
McAiary, Luke
Gillin, Peter
Layland, Penelope
Viney, Sandra
Coy!es, Laurel
Wilson, Chris
2
Delivery
Delivered: 11/11/2010 11:49 AM
Delivered: 11/11/201 o 11:49 AM
Delivered: 11/11/2010 11:49 AM
Delivered: 11/11/2010 11 :49 AM
Delivered: 11/11/2010 11:49 AM
Delivered: 11/11/2010 11:49 AM

Could you please provide some more detailed figures on TOIL for ministerial staff, as agreed at the last negotiation
meeting.
To be consistent with the information provided for non-Executive staff, can you please provide TOIL balances for a range
of
Adviser Ievell, Adviser level 2, Senior Adviser Ievell and Senior Adviser level 2 staff, preferably who have been
continuously
employed, for the following pay periods:
February 2008 = 6/2/08, 20/2/08 and 5/3/08
August 2008 = 6/8/08, 20/8/08 and 3/9/08
October 2008 = 1/10/08, 15/10/08 and 29/10/08
February 2010 = 3/2/10,17/2/10 and 3/3/10
August 2010 = 4/8/10, 18/8/10 and 1/9/10
October 2010 = 29/9/10, 13/10/10 and 27/10/10
let me know if you have any difficulties in providing the information, or require further clarification.
Thanks
ian
From: Coyles, laurel
Sent: Friday, 29 October 2010 12:08 PM
To: Gratton, Ian
Cc: Gillin, Peter; Viney, Sandra
Subject: TOIL
ian -the Executive have one Chief of Staff and two Senior Advisers ll that have in excess of 80hours TOIL but intend to
clear the slate-SA's L1 next month and COS in April 2011.
In addition, there are four staff who I understand have in excess of 80 hours with no plans to reduce in the immediate
future (1 x SAL2, 2 x Adviser l2, 1 x ALl( upper)).
regards
j!.au.'r.el foJLLeh
Chief Minister's Support & Protocol
Ph: 61 2 620S 0192
Fax: 61 2 6205 0289
email: laurel.coyles@act.gov.au
From: Viney, Sandra
Sent: Friday, 29 October 2010 10:37 AM
To: Gratton, Ian
Cc: Gillin, Peter; Coyles, laurel
Subject: RE:
Ian
There are 4 non-Exec staff (2 X AL2 and 2 Senior Advisers) with balances above 80 hours.
2

Sandra Viney
Ass Mng HR & Work Env I Corporate Services I Legislative Assembly for the ACT
GPO Box 1020 I CANBERRA ACT 2601
p 02 6205 0150 If 02 6205 0442 I e sandra.viney@parliament.act.gov.au
From: Gratton, Ian
Sent: Friday, 29 October 2010 8:55AM
To: Coyles, Laurel; Viney, Sandra
Cc: Gillin, Peter
Subject:
laurel and Sandra,
Prior to the LAMS negotiation meeting this afternoon, can you please advise how many staff currently have TOIL
balances in excess of 80 hours.
1
3

Gratton, lan
From:
Sent:
To:
Subject:
Ian
Viney, Sandra
Monday, 1 November 2010 4:48 PM
Gratton, Jan
LAMS-TOIL
Attached is some data on TOIL credits for non-Exec Members from 2008 and 2010.
fjj
Lams TOIL Audit
1Nov10 (2).xls ...
·Sandra Viney
Ass Mng HR & Work Env I Corporate Services I Legislative Assembly for the ACT
GPO Box 1020 I CANBERRA ACT 2601
p 02 6205 0150 If 02 6205 0442 I e sandra.viney@parliament.act.gov.au
1

.,.,
d"
AL1
AL1
AL1
AL2
AL2
AL2
AL1
SAL1
SAL1
AL1
AL1
AL1
AL1
selection of time sheets received
31/10/2007 14/11/2007 28/11/2007 12/12/2007
AL 1 125.31 124.54 124.54 129.04

Gratton, lan
From: Gayles, Laurel
Sent:
Friday, 29 October 2010 12:08 PM
To:
Cc:
Gratton, lan
Gillin, Peter; Viney, Sandra
Subject:
TOIL
lan- the Executive have one Chief of Staff and two Senior Advisers L1 that have in excess of 80hours TOIL but intend
to clear the slate- SA's L1 next month and COS in April 2011.
In addition, there are four staff who I understand have in excess of 80 hours with no plans to reduce in the
immediate future (1 x SAL2, 2 x Adviser L2, 1 x AL1(upper}}.
regards
J!.au.'t.eL foJILe.A
Chief Minister's Support & Protocol
Ph: 61 2 6205 0192
61 2 6205 0289
email: laurel.coyles@act.gov.au
From: Viney, Sandra
Sent: Friday, 29 October 2010 10:37 AM
To: Gratton, Ian
Cc: Gillin, Peter; Coyles, Laurel
Subject: RE:
Ian
There are 4 non-Exec staff (2 X AL2 and 2 Senior Advisers) with balances above 80 hours.
Sandra Viney
'ss Mng HR & Work Env I Corporate Services I Legislative Assembly for the ACT
_;po Box 1020 I CANBERRA ACT 2601
p 02 6205 0150 If 02 6205 0442 I e sandra.viney@parliament.act.gov.au
From: Gratton, Ian
Sent: Friday, 29 October 2010 8:55 AM
To: Coyles, Laurel; Viney, Sandra
Cc: Gillin, Peter
Subject:
Laurel and Sandra,
Prior to the LAMS negotiation meeting this afternoon, can you please advise how many staff currently have TOIL
balances in excess of 80 hours.
I an
1.

Gratton, fan
From:
Sent:
To:
Cc:
Subject:
Attachments:
Importance:
Gillin, Peter
Tuesday, 19 October 201 0 5:04 PM
'michael.white@alliance.org.au'; Matt.Taylor@cpsu.org.au; 'leila.walter@cpsu.org.au';
'labourunityact@gmail.com'; Layland, Penelope; Tegg, Warren; Moody, Patrick; Hunter,
Andrew; Hagan, lan; Huetter, Pierre; Viney, Sandra; Mallett, Jim
Gratton, lan; Wilson, Chris
LAMS negotiations- new management position
LAMS agreement negotiations - revised management position October 201 O.doc;
Termination Payments- new management position Oct 10.doc
High
Dear all
please find attached a new management position in respect to the LAMS negotiations. It predominantly relates to
termination payments. I am willing to meet this Friday if you think you have had sufficient time to consult staff
and/or union members.
Kind regards
Peter
. •eter Gillin
A/g Senior Manager
Workplace Relations
Public Sector Management and Industrial Relations Group
ACT Chief Minister's Department
tel: (02) 620 50307
fax:(02) 620 50334
email: peter.gillin@act.gov.au
1

Termination payments
Without Prejudice
Management is willing to forego some elements of previous claims in respect to termination payments.
Management will alter its termination payment claims subject to agreement on a reduction in the cap on
TOIL from 140 hours to 80 hours and an acceptance of annual leave management being adopted which is
consistent with arrangements applying in the ACTPS.
To dispel doubt this means that termination claims will be paid to existing and/or new staff should:
e a MLA contest a general election but is not elected; and
e a MLA is re-elected but the employee's contract is not renewed.
Termination claims will be paid to existing staff should:
e a MLA not contest a general election.
However, new staff employed after the new agreement is approved will not be eligible should:
o a MLA not contest a general election.
The table used to reflect management's position on the overall eligibility of termination payments has
been altered accordingly and is attached.
Improvements to ACTPS conditions
Management will agree to provide staff the entitlement improvements afforded general ACTPS staff as
sought in the staff claim. However, that provision is contingent on the acceptance of management's
claims in regard to TOIL, annual leave 'management and termination payments.

From: Coyles, Laurel
Sent:
Tuesday, 19 October2010 4:35PM
To:
Gillin, Peter; Viney, Sandra
Cc:
Gratton, ian; McAiary, Luke; Layland, Penelope
Subject:
RE: new management LAMS positions
Peter- normally there would be quite a few staff with TOIL in excess of 80 hours in the Executive however, I know
many staff have taken leave over the past couple of months, and some will be on leave in the coming months so the
provision of 80 hours cap may only end up affecting a couple of staff. Not working in my usual position I have not
seen any time sheets recently, but can check if you think necessary.
J!.a.u.tr.e.l t:Pale.b
Chief Minister's Support & Protocol
Ph: 61 2 6205 0192
Fax: 61 2 6205 0289
email: laurel.coyles@act.gov.au
From: Gillin, Peter
Sent: Tuesday, 19 October 2010 4:25 PM
To: Viney, Sandra
Cc: Gratton, Ian; McAiary, Luke; Coyles, Laurel; Layland, Penelope
Subject: RE: new management LAMS positions
ok I don't think I have a problem with that. In any event isn't there only one or two that have in excess of 80?
From: Viney, Sandra
Sent: Tuesday, 19 October 2010 4:17PM
To: Gillin, Peter
Cc: Gratton, Ian; McAiary, Luke; Coyles, Laurel; Layland, Penelope
Subject: RE: new management LAMS positions
Thanks Peter
1m happy with the revised management position. The question will be raised about how to deal with any TOIL
accrued above 80 hours. The last agreement included a provision where the employee could set aside this·
credit and use it before the end of the 6th Assembly. If we are going to go down this path then I suggest
that employees can set aside any hours above the 80 hour cap, which need to be used before the agreement
expires next June.
Regards
Sandra Viney
Ass Mng HR & Work Env I Corporate Services I Legislative Assembly for the ACT
GPO Box 1020 I CANBERRA ACT 26011 www.parliament.act.gov.au
Phone: 02 6205 0150 I Fax: 02 6205 0442 I email: sandra.viney@parliament.act.gov.au
From: Gillin, Peter
Sent: Tuesday, 19 October 2010 4:03 PM
To: Layland, Penelope; Viney, Sandra; Coyles, Laurel
1

LAMS agreement negotiations- revised management position- October 2010
Termination payments
Management is willing to forego some elements of previous claims in respect to termination
payments.
Management will alter its termination payment claims subject to agreement on a reduction in the
cap on TOIL from 140 hours to 80 hours and an acceptance of annual leave management being
adopted which is consistent with arrangements applying in the ACTPS.
To dispel doubt this means that termination claims will be paid to existing and/or new staff should:
• a MLA contest a general election but is not elected; and
• a MLA is re-elected but the employee's contract is not renewed.
Termination claims will be paid to existing staff should:
• a MLA not contest a general election.
However, new staff employed after the new agreement is approved will not be eligible should:
• a MLA not contest a general election.
The table used to reflect management's position on the overall eligibility of termination payments
has been altered accordingly and is attached.
Improvements to ACTPS conditions
Management will agree to provide staff the entitlement improvements afforded general ACTPS staff
as sought in the staff claim. However, that provision is contingent on the acceptance of
management's claims in regard to TOIL, annual leave management and termination payments.

Attachment A
The proposal to reduce the cap on the amount of accrued TOIL to 80 hours in the 20 I 0-
201 I LAMS agreement would be more consistent with the provisions that apply in the
ACTPS. ACTPS staff have access to flextime provisions and it should be noted that there
are differences betweeJi the accrual of TOlL by LAMS staff·and flextime by ACTPS staff.
In general terms, LAMS staff may accrue TOIL for time worked outside of' normal hours'
that would usually be paid as overtime payment to ACTPS staff.
Notwithstanding the differences between TOIL accrued by LAMS staff and flextime
accrued by ACTPS staff, the concepts are similar and could be managed in a similar way .
. The ACTPS Agreement flextime provision states: An employee may have a maximum
t1extiine credit equal to the employee's nm'mal weekly hours of duty, at the end of the
settlement period. This may be varied by agreement between the manager/supervisor and
the employee. In the AC:fPS, the settlement petiod is 4'wecks. In effect, ACTPS
·employees are limited to having a maximum t1ex credit equivalent to one week (36 Y.i
hours) at the end of every four week period.
As noted previously, there are a number of claims around TOIL, payment of the ·LAMS
allowance for extra hours worked and on-call provisions. There is an interrelationship
between the accrual of TOIL and the payment of LAMS allowanq: and it is proposed that a
commitment is give11 to reviewing matters relating to the LAMS allowance (including
payment during leave), TOIL (including the cap), and on-call arrangements (including
allowances) for consideration in the next round of negotiations.
Annual Leave
Annual leave usage should be managed in a manner consistent with the arr-angements
applying in the ACTPS and the LAMS agreement should mirror the provisions in the
ACTPS agreements that state:
• lf an employee has accrued two years wm1h of annual leave credits and unless
exceptional operational circumstances exist, the employee and relevant
manager/supervisor must agree, and implement an ahnualleave usage. plan to ensure
the employee's accrued leave credit will not exceed a two and a half years worth of
annual leave credit.
• If an employee does not agree to a reasonable annual leave usage plan the Chief
Executive may direct an employee who has accrued two and a half years wm1h of
annual leave credit to take annual leave to the extent that the employee's annual
leave credit exceeds two and a half years wot1h of credit, subject to giving the
employee one calendar month notice. This clause does not apply to an employee
who is on graduated return to work following compensation leave.
The ACTPS agreements also have some t1exibility in transitional arrangements (ie
recognizing that there may be staff who may already have well in excess of two years

I
ATTACHMENT
Legislative Assembly Members' Staff Enterprise Agreement- Staff and Unions' Log of Claims
LAMS Staff and Unions' Claims Government Team's Response
1. Quantum of pay increase and sign on bonus
We request a pay rise and sign on bonus of the Agreed.
same quantum as that proposed in the draft
Agency Enterprise Bargain Agreements between .
the ACT Government and its employees.
2. Provision of mobile phones
We request that it be left to the discretion of Agreed. The Government team understands that
members, in consultation with their staff, to this claim relates in part to the provision of
decide where provision of a mobile phone with blackberry technology. Currently access to
email compatibility could improve productivity. blackberry technology is provided for Chiefs of
Staff and Media Advisers only. It is agreed that
guidelines may be changed that allow access to
other staff at the discretion of the Member. This is
on the understanding that the cost is met from the
Member's DOA.
3. On-call allowance
The above undertaking would need to be Not Agreed. This is already incorporated into
accompanied by an "on-call allowance", of an salaries, which are 'somewhat in advance' of
agreed percentage of salary, to account for the ACTPS equivalents. Staff can also claim TOIL for
additional time outside of work hours that LAMS this purpose. The Government team may
staff are required to be available. The increased reconsider an overall LAMS allowance which has
cost to budget is more than offset by productivity on call and existing LAMS allowance elements as
gains through the use of this technology. a substitute for TOIL. The Government team is
unconvinced that an on call allowance would be
offset by productivity gains.
4. Administration of the LAMS allowance
We request that the LAMS Allowance be paid as an Agreed. The Government team is prepared to
all purpose allowance, that is, on all days employed, change the methodology used to calculate the
rather than days worked, to reflect the additional LAMS allowance over a full year. This would
availability required of LAMS staff. This would mean include times when staff are on paid leave but not
that the LAMS Allowance is paid each day unless at times when on unpaid leave. However, this
the employee is on leave without pay. This should would be on the understanding that the payment
result in a small increase in the size of the LAMS would be at a reduced rate and not paid on
allowance but a significant reduction 'in the termination monies. The Government team does
' administrative burden of calculating the fortnightly not agree that this will result in a significant
variations in the LAMS allowance. This should have reduction in the administration of the allowance. .
no net budQet impact.
5. LAMS allowance and TOIL
we·request that management should provide us Under consideration. The Government team is
with a model of payment that could be offered to looking at cost and agreement arrangements in
staff if they chose to opt out of TOIL. This should place elsewhere. It is worthwhile exploring as an
allow for an increase in the LAMS allowance that alternative for TOIL or for the reduction in the cap
adequately compensates the individual for the on TOIL, particularly for Senior Advisers.
additional hours that they are required to work due However, some form of time recording would still'
to the nature of the employment in this area. This need to occur. There would need to be an agreed
would be revenue neutral as the increase in LAMS mechanism preventing staff who could continue to
allowance would be compensated by the hours of take time off in lieu in addition to receiving the
leave that do not need to be funded and the allowance.
decreased cost of administration due to the removal
of the need to process timesheets for these staff.
However, staff must be offered the choice between Not Agreed. Difficulty in administering two
additional LAMS allowance with no access to TOIL systems, particularly where staff can swap
or the current system with timesheets and access to between them. If there is going to be a change it
TOIL and also be able to change between these would need to apply to all staff, or to specific
schemes once per year to reflect their changing classifications (such as all Senior Advisers and
circumstances. above).

)
DRAFT WITHOUT PREJUDICE
LEGISLATIVE ASSEMBLY MEMBERS' STAFF ENTERPRISE AGREEMENT 2010-2011
REVIEW CLAUSE
• Management will, in consultation with staff representatives and unions through the LAMS
consultative committee, undertake·a review of the management of timesheets, TOIL, and the
LAMS allowance.
• The purpose of the review is to:
examine the effectiveness of the relevant provisions in this Agreement and related issues;
examine equivalent arrangements in other jurisdictions and their relevance to the ACT; and
develop options in relation to these matters to inform negotiations for a replacement
Agreement.
• The review will commence as soon as a project plan is agreed by the LAMS consultative
committee.
• The review will be completed by 30 June 2011.
• The outcomes of the review will be implemented only with the joint agreement between
management, unions and staff representatives.

Collective Agreement- Staff Log of Claims
1) Quantum of pay increase, sign on bonus and term of Agreement
We request a2.5% percent pay rise and a $650 sign on bonus and an Agreement that
terminates on 30 June 2011.
2) Confirmation of current entitlement to all current and future staff to
Termination Payments as they are currently delivered
We request that the current clause within the EBA be clarified to ensure that all current and
future staff enjoy the current termination payment conditions.
3) Administration of the LAMS Allowance
We request that the LAMS Allowance be paid as an all purpose allowance, that is, on all days
paid (i.e. annual leave and sick leave), rather than days worked, to reflect the additional
availability required of LAMS staff during leave. This would mean that the LAMS Allowance is
paid at 7% each day unless the employee is on leave without pay. We further believe that
this will encourage staff to take annual leave (which is a stated goal of management in this
process) as employees will no longer be disadvantaged if they do so.
The practice of not paying out LAMS allowance on leave which is paid out at the termination
of employment would continue.
4) Review of Time Sheets, TOIL, on-call allowances and the LAMS Allowance
We request that a working group with staff, management and union representatives be set
up immediately after the signing of this Agreement and meet at least monthly during the life
of this Agreement. Its goal must be to develop a series of options to present to staff before
the next Agreement in relation to the management of time sheets, TOIL, on-call allowances
and the LAMS allowance.
This group should aim to develop modern, flexible solutions that take account the different
needs of staff, the high pressure environment in which we work and the value of all time that
is worked by staff in the Assembly.
5) Application of the same additional conditions as the rest of the ACTPS
We request that the following changes be made to the LAMS agreement:
• The mature age payment in lieu of employer superannuation contributions for
employees over 70 years of age.
• The additional 5 days personal leave for bonding purposes (to a total of 15 days).
• The additional 2 days bereavement leave per occasion (to a total of 5 days).
• The commitment to pay all allowances on the appropriate payday.
• The increased vacation childcare payments of $52 per day and maximum of $260 per
child.
We request that these conditions be applied to the LAMS Agreement as staff believe that they
should form part of the negotiated wage outcome of 2.5% (as had been the case with the
ACTPS Agreement) and should fairly apply to all staff, public servants or others, who agree
to that same wage increase.

The Government's Position (with staff response in bullet points):
1. Quantum of Pay Increase
2.5% increase from 1 July 2010 plus a $650 sign-on bonus to eligible employees.
• Agreed
2. Duration of Agreement
Short-term Agreement terminating on 30 June 2011.
• Agreed
3. Termination Payments
In accordance with the Auditor General report requirements wording of the current
Agreement clause 13.2 to be revisited and clarified.
• Rejected
• The proposed changes to reduce eligibility for termination payments for Members'
staff will have a significant human toll, especially given that roughly 1/3 of staff
are likely to become unemployed at any given election. These newly unemployed
members - many who would have had a reasonable expectation of ongoing
employment after the election are told on election night that their services are no
longer needed. In these cases, with no payment in lieu of notice or termination
payment, staff only have their annual leave pay out to make ends meet until they
are able to find new work. This situation is unacceptable to staff.
• Even with the suggested grandfathering of the current entitlement for existing
staff, LAMS employees reject any change to their current entitlements.
• The proposed reduction in termination eligibility will only exacerbate the existing
problems with staff accruing significant amounts of annual leave as this will be
their only buffer against sudden and unexpected unemployment after an election
if the proposed changes were to be accepted
• We note that the MOU between Government and Unions in relation to the
negotiation of agency agreements states that this is to be a no-disadvantage
agreement. This was due to the paltry salary offer (below CPI) and the short
duration of the proposed agreements. The proposed changes would lead to a
significant reduction in staff entitlements and you are offering us less overall than
what is being offered to ACTPS.
4. Time Off In Lieu
Accumulation of TOIL credit to be capped at 110.25 hours.
• Refer to working group
• Staff believe that any discussion to the reduction of the TOIL cap must be part of
a wider ranging review of the TOIL system as set out in our log of claims.
5. Annual Leave
Bring excessive annual leave credit handling in line with methodology used in the ACTPS.
• Not agreed, given concerns around the proposed changes to Termination
Payments.
• However, agreed if done in conjunction with the LAMS Allowance rationalisation
and termination payment as set out in the staff claim.

LL
w
-a:
00
Date Se tember 2010
To
Chief Minister·
• Chief Executive
CHIEf MINISTER'S DEPARTMENT
• Deputy Chief Executive, Governance
From Director Public Sector Management
Subject · Legislative Assembly Members' Staff Enterprise Agreement- Negotiations
Critical date and reason
Agreement to a negotiating position is required ahead of the.next meeting on 6 September 2010.
Purpose
To brief you on the status of negotiations for a replacement LAMS enterprise agreement, and
to seek yonr agreement to a negotiating position on the key issues.
Background
Five meetings have been held with staff and union representatives to date.
A summary of staff claims and the management team's response is provided at Attachment A.
It is understood that you wish to pursue three claims:
• A reduction in the cap on TOIL more consistent with the ACTPS.
• A cap on annual leave accrual.
• Restricting termination payments to bona fide redundancies.
Issues
TOIL and LAMS Allowance
The issues of TOIL, including the cap, and the LAMS allowance for additional hours worked
are interrelated and not straightforward. Both parties consider the most appropriate way
forward would be to undertake a review so that these matters can be proper! y addressed in the
next agreement. The review would also examine the administration of the LAMS allowance
in the context of the staff claim for the allowance to be paid during paid leave.
Annual Leave
Currently the LAMS allowance is only paid on days worked and not on any form of paid or
unpaid leave. Paying the allowance on paid leave would remove the current financial
disincentive to staff taking annual leave. In order for this to be cost neutral the allowance
would need to be reduced proportionately. The staff representatives argue that reducing the
rate of the allowance would result in staff being financially penalised if they do not use their
full annual leave entitlement. On the other hand, paying the allowance on annual leave
without reducing the rate of the allowance would result in an additional cost of around
$27,000 pa if all staff used their fnll annual leave entitlement. If agreed, the allowance
would only be paid on leave taken, and not on accrued leave paid out on termination.
Ref:

Gratton, lan
From: Duckworth, ian
Sent:
Wednesday, 1 September 2010 12:36 PM
To:
Gillin, Peter
Cc:
Gratton, ian; Viney, Sandra; Wilson, Chris
Subject:
RE: Draft LAMS EA Brief
Folks
I agree with Chris' sobservations.
Please excuse me if I am not fully across the matters but, although it was very clear the TOIL issue has been on the
table, I was not aware of the proposal for 15% for Senior Advisers and above and, if that is a serious option, I
genuinely belive it may need to be given further thought as my hunch is that it may solve one problem and cause
others. So I tend to agree with Chris's suggestion that the brief be simplified to: (a) advise the CM that the proposal
from staff that they be entitled to "have their cake and eat it too" has been rejected; and that the agreement include a
commitment to conduct a review for the next round. It could be observed that this issue has raised its head in every
LAMS agreement.
Re the termination payment, we have been mindful that, even if there is "no change", the clause needs re-writing to
Jvercome the fact that it does not currently convey the intended positon (ie as at the last agreement). Of course,
there is a change proposed and, while we recognise that, theorietically, the A-G/GSO observation that termination
payments should be confined to genuine redundthere is a long history of these payments and so we have supported
grandfathering. It has been unclear to us whether, if staff do as they advocat

Date August 2010
To
Chief Minister
• Chief Executive
CHIEF MINISTER'S DEPARTMEIIT
• Deputy Chief Executive, Governance
From Director Public Sector Management
Subject Legislative Assembly Members' Staff Enterprise Agreement- Negotiations
Critical date and reason
Agreement to a negotiating position is required ahead of the next meeting on 6 September 2010.
Purpose
To brief you on the status of negotiations for a replacement LAMS enterprise agreement, and
to seek your agreement to a negotiating position on the key issues.
Background
Five meetings have been held with staff and union representatives to date.
A summary of staff claims, and the management team's response to those claims, is provided
at Attachment A.
It is understood that you wish to pursue three claims:
• A reduction in the cap on TOIL more consistent with the ACTPS.
o A cap on mmualleave accrual.
o Restricting termination payments to bona fide redundancies.
Issues
TOIL and LAMS Allowance
The issues of TOIL and the LAMS allowance are intenelated. The management team has so
far rejected the staff claim to give staff a choice between having access to TOIL or being paid
a bigger allowance in lien of TOIL, as well as the provision of an "on-call allowance" to
compensate staff for the time spent responding to phone calls outside work hours.
However, as staff at the Senior Adviser level and above tend to accrue larger amounts of
TOIL than lower level staff, it may be worthwhile to consider offering an increase to the
allowance (say from 7% to 15% similar to South Australia) in place of all TOIL for Senior
Advisers and above. It may be possible to offset the additional cost of increasing the
allowance for Senior Advisers, by removing the current allowance from lower level staff.
This would need to be compensated by removing the requirement for lower level staff to work
the additional two hours a week before accruing TOIL, andmechanisms implemented to
prevent Senior Advisers from continuing to take TOIL. If accepted, the additional cost would
be in the order of $42,000 pa, compared to $210,000 with no offset. It is also more likely that
agreement could be reached on a reduced TOIL cap for lower level staff.
Ref:

Legislative Assembly JVlembers' :Stan Enterprise Agreement uratt Without Yrejudice
is committed the concept
of work and life balance and recognises the
importance of employees balancing work and
personal life.
40.2 The parties acknowledge that aU employees have
commitments outside the workplace. These
commitments may relate to family, to the
community and to genl':ral health and wellbeing.
Given the diverse nature of the workforce in the
ACf public sector, the parties recognise that
employees have different needs at different times.
40.3 The parties recognise the need to provide suft1cient
support and flexibility at the workplace to assist
employees in achieving work and life balance.
While familY friendly initiatives are important
aspects of work and life balance, it is also important
that all employees, at all stages in the employees'
working lives, are supported in this manner.
40.4
40.5 The Member will only deny an employee's request
for leave or variation to workplace arrangements
provided under this Agreement where t)1ere arc
operational reasons for doing so. Where a request
is not approved the Member will, if so requested in
writitlg by the employee, provide the reasons for
that decision to the employee in writing. Where a
request is not approved the Member will consult
with the to detem1ine mutually
I
importance of employees balancing work and
personal life. The appropriate balance is a critical
element in developing and maintaining healthy and
productive workplaces. While it is acknowledged
that peak workload periods may necessitate some
extra hours being \VOrked by some employees, this
should be regarded as the exception rather than the
mle.
41.2 Members and employees have a responsibility to ·
minimise the extent to which.excessivc hours are
worked. In the circumstances where work pressures
result in the employee being required to work, or is
likely to work, excessive hours over a significant
period, the Member and employee together must
reView workloads and priorities and detennine
appropriate strategies to address the situation. In
doing so, the Member will consider and implement
one or more of the following strategies to reduce the
. amount of excessive hours being accumulated:
(a) review of workloads and priorities;
(b) re·allocation of resources;
(c) consideration of appropriate arrangements for time
off in lieu or other recompense;
(d) review staffing levels and/or classifications within
the work group.
41.3 The relevant corporate areas wilt consult with the
LAMS Consultative Committee about the
development and implementation of appropriate
strategies to deal with issues associated with
and
concept
of work and life balance and recognises the
importance ofcmployees balancing work and
personal life.
El.2 All employees have commitments outside the
workplace. These commitments may relate to family,
to the community and to general health and
wellbeing. Given the diverse nature of the workforce
in the ACT public sector, it is recognised that
employees have different needs at different times.
EIJ The Territory recognises the need to provide
sufticient support and flexibility at the workplace to
assist employees in achieving work and life balance.
While family friendly initiatives are important
aspects of work and life balance, it is also important
that all employees, at all stages in the employees'
working lives, arc supported through this Agreement.
E1.4 The Member will only deny an employee's request
for leave or variation to wortqJ!ace arrangements
provided under this Agreement where there arc
operational reasons for doing so. Where a request is
not approved the Member will, if so requested in
writing by the employee, provide the reasons for that
decision to the employee in writing. Where a request
is not approved the Member will consult with the
employee to detennine mutually convenient
alternative arrangements. ·
balancing work amqJ

.r
Without Prejudice
Legislative Assembly Members' Staff Enterprise Agreement 2010-2011
The Government's Position (with staff response in bullet points):
1. Quantum of Pay Increase
2.5% increase from 1 July 2010 plus a $650 sign-on bonus to eligible employees.
• Agreed
2. Duration of Agreement
Short-term Agreement terminating on 30 June 2011.
o Agreed
3. Termination Payments
In accordance with the Auditor General report requirements wording of the current
Agreement clause 13.2 to be revisited and clarified.
o The proposed changes to reduce eligibility for termination payments for
Members' staff will have a significant human toll, especially given that
roughly 1/3 of staff are likely to become unemployed at any given election.
These newly unemployed members- many who would have had a
reasonable expectation of ongoing employment after the election are told
on election night that their services are no longer needed. In these cases,
with no payment in lieu of notice or termination payment, staff only have
their annual leave pay out to make ends meet until they are able to find
new work. This situation is unacceptable to staff.
e Even with the suggested grandfathering of the current entitlement for
existing staff, LAMS employees reject any change to their current
entitlements. ·
• The proposed reduction in termination eligibility will only exacerbate the
existing problems with staff accruing significant amounts of annual leave as
this will be their only buffer against sudden and unexpected unemployment
after an election if the proposed changes were to be accepted
e We note that the MOU between Government and Unions in relation to the
negotiation of agency agreements states that this is to be a nodisadvantage
agreement and the proposed changes would lead to a
significant reduction in staff entitlements. Considering you are offering us
no more than what is being offered to ACTPS employees we want the
same guarantee to apply to LAMS.
4. Time Off In Lieu
Accumulation of TOIL credit to be capped at 110.25 hours.
• Staff believe that any discussion to the reduction of the TOIL cap must be
part of a wider ranging review of the TOIL system as set out in our log of
claims.

Legislative Assembly Members' Staff Enterprise Agreement 2010-2011
Outcomes of Negotiation Meeting Held on
Friday, 13 August 2010, at 10.30 am
ATTENDANCE: Michael White (MEAA), Jan Ryall (CPSU), Leila Walter (CPSU),
Warren Tegg (Ministerial staff/CPSU), Jan Hagan (Opposition staff),
Patrick Moody (Greens staff), Penelope Layland, Peter Gillin (CMD),
Jan Gratton (CMD), Chris Wilson (CMD), Sandra Viney (Secretariat)
APOLOGIES: Andrew Hunter (Government Backbench), Pierre Huetter (Ministerial staff/CPSU).
OUTCOMES of 6 August Meeting and Actions Arising:
o A record of the outcomes of the 6 August 2010 meeting were circulated on 12 August 201 0 ..
o A copy of the proposed Annual leave clause was circulated prior to the meeting on 13 August 2010.
o Statistics on accrued TOIL were circulated prior to the meeting on 13 August 2010.
a Peter Gillin advised that the summary of the changes to the common terms and conditions was
still being finalised, and will be circulated when completed.
• Warren Tegg advised that a written response will be provided in relation to the Government
position early next week, after further consultation with staff.
GOVERNMENT RESPONSE TO STAFF AND UNION CLAIMS
Peter Gillin outlined the Government's response as follows:
e Quantum pay increase and sign on bonus -Agree to the same quantum as ACTPS employees.
e Mobile phones are left to the discretion of Members -Agree to amend the guidelines to provide
for this discretion on the understanding that the cost is met from the Member's DOA
o Introduce an on-call allowance- Not agreed. Already provided for in salaries and TOIL The
Government may, however, reconsider the LAMS allowance as a substitute for TOIL
" LAMS allowance on paid leave -Agree to change the methodology for calculating the allowance
to incorporate paid leave on the understanding that this is at a reduced rate (6.5%) and not paid
on accrued leave on termination.
e Increased LAMS allowance in lieu of TOIL- Under consideration with regard to cost and
arrangements elsewhere, specifically in relation to Senior Advisers. There would need to be
some form of time recording and an agreed mechanism to prevent staff taking TOIL, and apply to
all specified staff.
" Higher duties allowance is mandated - Not agreed. Discretion to pay HDA already exists in the
current agreement and is a matter for individual Members. Warren Tegg advised that staff agree to
withdraw this claim, however there is a need to educate staff and Members about this entitlement.
o Subsidised transport and parking -Agree to provide salary sacrifice bus fares. Bicycle racks are
already provided, as are a limited number of staff car parks. Not agreed to extending free parking
on the basis of significant additional cost.

STAFF AND UNION RESPONSE TO GOVERNMENT CLAIMS
e Quantum pay increase and sign on bonus- Government position agreed by staff.
e Mobile phones be left to the discretion of Members -Government position agreed by staff.
o Introduce on call allowance- Staff agree to this being included as a part of a broader review of
the LAMS allowance and TOIL.
0 LAMS allowance on paid leave- Government position still to be put to staff. ·
o Increased LAMS allowance in lieu of TOIL- Government position still to be put to staff.
0 Higher duties allowance be mandated - Government position still to be put to staff.
0 Proposed annual leave clause- Government position still to be put to staff.
0 Restrict eligibility for termination payments - Government position overwhelmingly opposed by
staff. Peter Gillin advised that legal advice had been sought on various aspects of the claim, and
that further information and rationale will be provided following receipt of the legal advice.
MEETINGS:
0 Next meeting Friday 20 August 2010, at 10.30 am.
0 Patrick Moody advised that an alternate staff representative will be attending the next meeting.

Without Prejudice
Legislative Assembly Members' Staff Enterprise Agreement 2010-2011
Annual Leave
F7.17 If an employee has accrued two years worth of annual leave credits and unless
exceptional operational circumstances exist, the employee and relevant
Member must agree, and implement an annual leave usage plan to ensure the
employee's accrued leave credit will not exceed two and a half years worth of
annual leave credit.
F? .18 If an employee does not agree to a reasonable annual leave usage plan the
Member may direct an employee who has accrued two and a half years worth
of annual leave credit to take .annual leave to the extent that the employee's
annual leave credit exceeds two and a half years worth of credit, subject to
giving the employee one calendar month notice. This clause does not apply to
an employee who is on graduated return to work following compensation leave.
F7.19 An employee who has an annual leave credit in excess of two and a half years
of entitlement:
(a) at the commencement of the Agreement; or
(b) on joining, or returning to, the Assembly; or
(c) on returning to duty from compensation leave;
will have twelve months to reduce the employee's annual leave balance to two
and a half years of entitlement or below.
F7.20 An employee may not be directed under clause F7.18 to take annual leave
where the employee has made an application for a period of annual leave
equal to or greater than the period specified in clause F? .18 in the past six
. months and the application was not approved. The Member and the
employee may agree to vary an annual leave usage plan.
TOIL Credit as at the end of June 2010 Executive Non-Executive
(based on available records) Employees Employees
Nil 1 9
Less than 1 week (36. 75 hours) 5 18
More than 1 week but less than 2 weeks (73.5 hours) 5 11
More than 2 weeks but less than 3 weeks (110.25) 3 3
More than 3 weeks but less than 140 hours 2 1
140 hours 1 1
Total 17 43

Collective Agreement- Staff and Unions' Log of Claims- Government reponse
1) Quantum of pay increase and sign on bonus
We request a pay rise and sign on bonus of the same quantum as that proposed in the draft
Agency Enterprise Bargain Agreements between the ACf Government and its employees.
• Agreed.
2) On-call Allowance
We request that it be left to the discretion of members, in consultation with their staff, to
decide where provision of a mobile phone with email compatibility could improve productivity.
• Agreed. The Government understands that this claim relates in part to the provision
of blackberry technology. Currently access to blackberry technology is provided for
chief of staff and media advisers only. It is agreed that guidelines may be changed
that allow access to other staff at the discretion of the Member. This is on the
understanding that the cost is met from the Member's DOA.
This undertaking would need to be accompanied by an "on-call allowance", of an agreed
percentage of salary, to account for the additional time outside of work hours that LAMS staff
are required to be available. The increased cost to budget is more than offset by productivity
gains through the use of this technology.
• Not agreed.
• This is already incorporated into salaries, which are 'somewhat in advance' of ACfPS
equivalents.
• Staff can also claim TOIL for this purpose.
• The Government may reconsider an overall LAMS allowance including which has on
call and existing LAMS allowance elements as a substitute for TOIL.
• The Government is unconvinced that an on call allowance would be offset by
productivity gains.
3) Administration of the LAMS Allowance
We request that the LAMS Allowance be paid as an all purpose allowance, that is, on all days
employed, rather than days worked, to reflect the additional availability required of LAMS
staff. This would mean that the LAMS Allowance is paid each day unless the employee is on
leave without pay. This should result in a small increase in the size of the LAMS allowance but
a significant reduction in the administrative burden of calculating the fortnightly variations in
the LAMS allowance. This should have no net budget impact.
• Agreed. The Government is prepared to a change in methodology to calculate the
LAMS allowance over a full year. This would include times when staff are on paid
leave but not at times when on unpaid leave. However, this would be on the
understanding that the payment would be at a reduced rate and not paid on
termination monies.
• The Government does not agree that this will result in a significant reduction in the
administration of the allowance.
4) Time Sheets
We request that management should provide us with model of payment that could be offered
to staff they chose to opt out of TOIL. This should allow for an increase in the LAMS
allowance that adequately compensates the individual for the additional hours that they are
required to work due to the nature of the employment in this area. This would be revenue
neutral as the increase in LAMS allowance would be compensated by the hours of leave that
do not need to be funded and the decreased cost of administration due to the removal of the
need to process timesheets for these staff.

•
•
•
Under consideration. Looking at cost and agreement arrangements in place
elsewhere.
It is worthwhile exploring as an alternative for TOIL or for the reduction in the cap on
TOIL, particularly for Senior Advisers. However, some form of time recording would
still need to occur.
There would need to be an agreed mechanism preventing staff who could continue to
take time off in lieu in addition to receiving the allowance.
However, staff must be offered the choice between additional LAMS allowance with no access
to TOIL or the current system with timesheets and access to TOIL and also be able to change
between these schemes once per year to reflect their changing circumstances.
• Difficulty in administering two systems, particularly where staff can swap between
them. If there is going to be a change it would need to apply to all staff, or to specific
classifications (such as all Senior Advisers and above).
5) Higher Duties Allowance
We request that clause 34 to be altered to permit an enforceable 'higher duties' allowance
where a staff member is expected to perform at a higher level to fulfil the duties of a higher
level employee during periods of absence longer than two weeks.
· ·• This discretion already exists at clause 35 of the current agreement.
• Cannot be mandated as it is up to individual Members how they choose to utilise their
salary allocation and resource their office.
• Relates to salary allocations, which is a funding issue, not a negotiation issue.
• Would impose an additional administrative burden/cost in processing extra contracts.
This should be structured such that extended periods leave do not count against Member's
salary caps which will allow other staff to act In their places without disadvantaging the
Member's ability to staff their offices and pay their staff at appropriate levels for the work
they are undertaking.
• There is already provision for the Chief Minister to approve requests for
supplementation where extended periods of leave are outside the Member's control
and require back filling (such as maternity leave). Relief component is included in
the salary component for smaller offices.
Sf Equitable access to subsidised transport and parking
We request that all staff have access to a range of options which minimise the cost of
transport to and from work, whether that be via public transport, private vehicle or bicycle.
This should acknowledge that only a limited number of staff have access to free parking at
present while others are forced to pay significant out of pocket expenses for transport and
parking costs.
• Agreed in part.
o The Government is to provide salary sacrifice arrangements for bus fares, through
ACTPS common terms and conditions and is willing to flow this through to LAMS.
o Bicycle racks are already provided. The Government contends that this is not an
agreement matter.
• There are a limited number of staff car parks made available to non-executive
Members (1), the Leader of the Opposition (2) and the Speaker (2). The Government
acknowledges that Ministerial staff, either have access to free basement parking in
the Nara building, or free voucher parking in the public car park. Most local ACTPS
staff do not have access to free parking.
• If free parking was to be introduced it would be at a significant cost, including FBT.

Without Prejudice
Legislative Assembly Members' Staff Enterprise Agreement 2010-2011
The Government's Position:
1. Quantum of Pay Increase
2.5% increase from 1 July 2010 plus a $650 sign-on bonus to eligible employees.
2. Duration of Agreement
Short-term Agreement terminating on 30 June 2011.
3. Termination Payments
In accordance with the Auditor General report requirements wording of the current
Agreement clause 13.2 to be revisited and clarified.
4. Time Off In Lieu
Accumulation of TOIL credit to be capped at 110.25 hours.
5. Annual Leave
Bring excessive annual leave credit handling in line with methodology used in the
ACTPS.
6. Minimal change
· Minimal changes to be made apart from those changes mentioned above and
others legally required by the Fair Work Act 2009.

Collective Agreement- Staff Log of Claims
1) Quantum of pay increase and sign on bonus
We request a pay rise and sign on bonus of the same quantum as that proposed in the draft
Agency Enterprise Bargain Agreements between the ACT Government and its employees.
2) On-call Allowance
We request that it be left to the discretion of members, in consultation with their staff, to
decide where provision of a mobile phone with email compatibility could improve productivity.
This undertaking would need to be accompanied by an "on-call allowance", of an agreed
percentage of salary, to account for the additional time outside of work hours that LAMS staff
are required to be available. The increased cost to budget is more than offset by productivity
gains through the use of this technology.
3) Administration of the LAMS Allowance
We request that the LAMS Allowance be paid as an all purpose allowance, that is, on all days
employed, rather than days worked, to reflect the additional availability required of LAMS
staff. This would mean that the LAMS Allowance is paid each day unless the employee is on
leave without pay. This should result in a small increase in the size of the LAMS allowance but
a significant reduction in the administrative burden of calculating the fortnightly variations in
the LAMS allowance. This should have no net budget impact.
4) Time Sheets
We request that management should provide us with model of payment that could be offered
to staff they chose to opt out of TOIL. This should allow for an increase in the LAMS
allowance that adequately compensates the individual for the additional hours that they are
required to work due to the nature of the employment in this area. This would be revenue
neutral as the increase in LAMS allowance would be compensated by the hours of leave that
do not need to be funded and the decreased cost of administration due to the removal of the ·
need to process timesheets for these staff.
However, staff must be offered the choice between additional LAMS allowance with no access
to TOIL or the current system with timesheets and access to TOIL and also be able to change
between these schemes once per year to reflect their changing circumstances. ·
5) Higher Duties Allowance
We request that clause 34 to be altered to permit an enforceable 'higher duties' allowance
where a staff member is expected to perform at a higher level to fulfil the duties of a higher
level employee during periods of absence longer than two weeks.
This should be structured such that extended periods leave do not count against Member's
salary caps which will allow other staff to act in their places without disadvantaging the
Member's ability to staff their offices and pay their staff at appropriate levels for the work
they are undertaking.
6) Equitable access to subsidised transport and parking
We request that all staff have access to a range of options which minimise the cost of
transport to and from work, whether that be via public transport, private vehicle or bicycle.
This should acknowledge that only a limited number of staff have access to free parking at
present while others are forced to pay significant out of pocket expenses for transport and
parking costs.

Gratton, lan
From:
Sent:
To:
Cc:
Subject:
Wilson, Chris
Monday, 2 August 2010 9:53AM
Gillin, Peter; Gratton, ian
McAiary, Luke; McDonald, Wendy
FW: TOIL slats so far
It has not been possib(e to get all of the TOIL stats as we are having some difficulty getting the info from Ministers'
offices. The data below represents information provided by 3 ministers' offices.
Chris
Advisor Levell
Advisor Level 2
Senior Advisor Levell
Senior Advisor Level2 & Chief of Staff
June
Av. 32 hours
Av. 59.35 hours
Av. 75.02 hours
Av. 84.43 hours
January
Av. 7.85 hours
Av. 8 hours
Av. 28.29 hours
Av. 56.32 hours
T1ocre is only one staff member with a TOIL level of 140 hours (COS). There is no one exceeding 140 hours.
1

From:
Sent:
To:
Subject:
Ian
Viney, Sandra
Thursday, 29 July 2010 8:34AM
Gratton, ian
LAMS Timesheets
Attached is a spreadsheet with timesheet records for non-Exec members' staff including their TOIL balance at
the end of June (or their last timesheet).
Sandra
Timesheets
09-10(2).xls
1

Gratton, lan
From:
Sent:
To:
Subject:
Layland, Penelope
Monday, 26 July 2010 5:30 PM
Gratton, !an; McAiary, Luke
LAMS EBA
The Chief Minister has indicated he would like to take the opportunity to wind back those
selected enti tlehtents identified on the list of termination payments, in the course of
regularising termination payments more generally.
He is also more than happy t6 pursue capping annual leave and further reducing TOIL
entitlements as part of the up-coming negotiations, to bring them more into line with PS
practices.
Cheers
Penelope
1

LEGISLATIVE ASSEMBLY MEMBERS' STAFF ENTERPRISE AGREEMENT 2010-2011
POSITION PAPER
1. Quantum of pay increase
As with previous LAMS agreements to date, there should be a flow on to LAMS Act employees of the same
quantum pay increase that applies to staff covered by all core ACTPS enterprise agreements, namely 2.5% and
$650 sign-on bonus.
2. Duration of Agreement
As with previous LAMS agreements to date, there should be a flow on to LAMS Act employees of the same
agreement duration that applies to staff covered by all core ACTPS enterprise agreements, namely a twelve
month agreement terminating on 30 June 2010.
3. Core terms and conditions
As with previous LAMS agreements to date, there should be a .flow on to LAMS Act employees of the same .
terms and conditions, where applicable, that apply to staff covered by all core ACTPS enterprise agreements. In
the context of the current enterprise negotiations, these include:
Decisions already agreed by the ACT Government
• The inclusion of Grandpa'rentalleave- up to 52 weeks unpaid;
• Maternity leave- increased from 14 to 18 weeks paid leave;
• Primary Care Giver leave- increased from 14 to 18 weeks paid leave;
• Bonding leave- increased .fro in 5 to 10 days paid leave;
• The inclusion of Community Service leave- 4 days paid Voluntary Emergency Management leave and 3
days paid Voluntary Community Service leave; and
• Enhanced scope to access disputes resolution provisions.
Changes that have been bargained at a whole of government level
• Bereavement leave - increased from 3 to 5 days paid leave;
• All Schedule C allowances- adjusted by the percentage increase in pay;
• New requirement that employees' ordinary fortnightly allowances be paid on the appropriate payday;
• Increases in vacation childcare program payments;
• Time Off in Lieu- TOIL can be used for absences below 1 day;
• Personal leave- the employer may request an employee provide a statutory declaration as an
alternative to requesting a medical certificate;
• The inclusion of Family and Community Day in the Public Holidays clause.
4. LAMS-specific terms and conditions
Terms and Conditions of Employment
Given the need for fiscal restraint and the short duration of the agreement there should be no, or at most
minimal change to existing terms and conditions of employment consistent with the core conditions and
subject to there being no net financial cost.
Termination Payments
Given the questionable legal status the entitlement of LAMS Act employees to termination payments should
be clarified to address the issues identified by the Auditor-General, and any proposed changes to current
custom and practiCe.
Quarantined TOIL
The reference to quarantined TOIL should be removed as this ceased to apply on the date of expiration of
the 2007-2010 Agreement, on 31 March 2010.
Executive Equivalent Positions
Consistent with all core ACTPS enterprise agreements, Executive equivalent positions should be excluded
from the LAMS agreement. This will minimise issues arising should a decision be made to engage an
Executive Chief of Staff in future.

Gratton, lan
From:
Sent:
To:
Subject:
Attachments:
Coyles, Laurel
Saturday, 24 July 2010 2:37PM
Gratton, ian
Blackberry costs
Classification Flex Sheet data 2009-1 O.xls
Hi ian -the Executive enter into a 2 year service agreement with InTACT for each blackberry. The monthly remote email
service fee is $120.85 for each blackberry and includes the handset. Mobile calls are additional to this cost each month.
There is an internal policy that the only individuals eligible for a blackberry are Ministers, Chiefs of Staff and Media
Advisers. Other advisers can be issued with a mobile phone if requested by the relevant Chief of Staff. The cost
associated with blackberries and mobile phones comes out of each Minister's budget.
I have also attached a spreadsheet on the submission oftimesheets against classification level for 2009-10. The
information is in no particular order and I have categorised Chiefs of Staff as SAL2 for anonymity. It is obvious who is
the outgoing and incoming Office Holder but the spreadsheet demonstrates most staff are submitting time sheets.
Hope to have the other information to you on TOIL and annual leave credits/usage before COB Tuesday.
cf.a.u!r.eL eo3L.u
Chief Minister's Support & Protocol
Ph: 61 2 6205 0514
Fax: 61 2 6205 0289
email: laurel.coyles@act.gov.au
1

Gratton, lan
From:
Sent:·
To:
Subject:
Ian.
Layland, Penelope
Friday, 2 July 2010 3:57PM
Gratton, lan
LAMS EBA
The Chief is happy to pursue capping annual leave entitlements, regularising termination
payments (as discussed) and pursuing further reform of TOIL (avenue dependent to some
extent on whether staff come to a position on timesheets). ·
I have faxed him the staff wish list. He will get me some feedback on that tomorrm< and I
will drop you an email before I head off to China on Sunday.
Cheers
Penelope
1

LEGISLATIVE ASSEMBLY MEMBERS' STAFF ENTERPRISE AGREEMENT 2010-2011
POSITION PAPER
1. Quantum of pay increase
As with previous LAMS agreements to date, there should be a flow on to LAMS Act employees of the same
quantum pay increase that applies to staff covered by all core ACTPS enterprise agreements, namely 2.5% and
$650 sign-on bonus.
2. Duration of Agreement
· As with previous LAMS agreements to date, there should be a flow on to LAMS Act employees of the same
agreement duration that applies to staff covered by all core ACTPS enterprise agreements, namely a twelve
month agreement terminating on 30 June 2010.
3. Core terms and conditions
As with previous LAMS agreements to date, there should be a flow on to LAMS Act employees of the same
terms and conditions, where applicable, that apply to staff covered by all core ACTPS enterprise agreements. In
the context of the current enterprise negotiations, these include:
Decisions already agreed by the ACT Government
• The inclusion of Grandparentalleave- up to 52 weeks unpaid;
• Maternity leave- increased from 14 to 18 weeks paid leave;
• Primary Care Giver leave- increased from 14 to 18 weeks paid leave;
• Bonding leave- increased from 5 to 10 days paid leave;
• The inclusion of Community Service leave- 4 days paid Voluntary Emergency Management leave and 3
days paid Voluntary Community Service leave; and
• Enhanced scope to access disputes resolution provisions.
Changes that have been bargained at a whole of government level
• Bereavement leave- increased from 3 to 5 days paid leave;
• All allowances- adjusted by the percentage increase in pay;
• New requirement that employees' ordinary fortnightly allowances be paid on the appropriate payday;
• Increases in vacation childcare program payments;
• Time Off in lieu- TOIL can be used for absences below 1 day;
• Personal leave- the employer may request an employee provide a statutory declaration as an
alternative to requesting a medical certificate;
• The inclusion of Family and Community Day in the Public Holidays clause.
4. LAMS-specific terms and conditions
Terms and Conditions of Employment
Given the need for fiscal restraint and the short duration of the agreement there should be no, or at most
minimal change to existing terms and conditions of employment subject to there being no net financial cost.
Termination Payments
Given the questionable legal status the entitlement of LAMS Act employees to termination payments should
be clarified to address the issues identified by the Auditor-General, on the basis of no change to current
custom and practice.
Quarantined TOIL
The reference to quarantined TOIL should be removed as this ceased to apply on the date of expiration of
the 2007-2010 Agreement, on 31 March 2010.
Executive Equivalent Positions
Consistent with all core ACTPS enterprise agreements, Executive equivalent positions should be excluded
from the LAMS agreement. This will minimise issues arising should a decision be made to engage an
Executive Chief of Staff in future.

Gratton, lan
From: Gratton, !an
Sent:
Wednesday, 24 February 2010 4:32PM
To:
Lasek, Jeremy
Cc: Gillin, Peter
Subject: LAMS Agreement
Hello Jeremy,
With regard to the upcoming negotiations for a replacement LAMS Agreement, can you advise whether there are
any matters that the Chief Minister is looking to pursue.
You will recall that the Chief Minister had a particular issue with regard to capping TOIL in the current Agreement,
which is also likely to be an issue that is raised by staff.
I am not sure at this stage what claims staff will be raising, but these may include an on-call allowance and provision
of mobile phones for media advisers.
The present level of the LAMS allowance may also be an issue.
'"'1 Gratton
Workplace Relations
Chief. Minister's Department
Ph: 02 6205 0361
Email: ian.gratton@act.gov.au
Tracking:
1

Gratton, lan
From:
Sent:
To:
Cc:
Subject:
Tracking:
Sandra and Laurel,
Gratton, Jan
Tuesday, 8 December 2009 9:58AM
Viney, Sandra; Coyles, Laurel
Lasek, Jeremy; McAiary, Luke; Gillin, Peter
FW: TOIL Credit
Recipient
Viney, Sandra
Coyles, Laurel
Lasek, Jeremy
McAiary, Luke
Gillin, Peter
Delivery
Delivered: 08/12/200910:02AM
Delivered: 08/12/200910:02 AM
Delivered: 08/12/2009 10:02 AM
Delivered: 08/12/200910:02 AM
Delivered: 08/12/200910:02 AM
Further explanation to my previous email (below), it should be noted that TOIL credit accrued under the current
collective agreement (ie. since 9 October 2007) can continue to be utilised beyond the expiry of the Agreement and,
subject to the outcome of negotiations over a replacement agreement, will be able to be rolled over.
Jan
From: Gratton, Ian
Sent: Tuesday, 8 December 2009 9:34AM
To: Viney, Sandra; Coyles, Laurel
Cc: Lasek, Jeremy; McAiary, Luke; Gillin, Peter
Subject: TOIL Credit
Sandra and Laurel,
Could you please remind all LAMS employees at your earliest opportunity of the provision in the current collective
agreement, the ACT Legislative Assembly Members' Staff Union Collective Agreement 2007-2010, which requires all TOIL
credit as at the date of lodgement of the Agreement on 9 October 2007 to be fully utilised by the date of expiration of
the Agreement on 31 March 2010, otherwise any such TOIL credit remaining at the date of expiration if the Agreement
will be forfeited (clause 20.12 of the Agreement refers).
It, implicit in this provision that all TOIL credit as at the date of lodgement of the current Agreement is identified and
has been certified by the employing MLA (or his or her delegate).
Jan Gratton
Workplace Relations
Chief Minister's Department
Ph: 02 6205 0361
Email: ian.gratton@act.gov.au
1

Gratton, lan
From:
Sent:
To:
Cc:
Subject:
Tracking:
Sandra and Laurel,
Gratton, lan
Tuesday, 8 December 2009 9:34AM
Viney, Sandra; Coyles, Laurel
Lasek, Jeremy; McAiary, Luke; Gillin, Peter
TOIL Credit
Recipient
Viney, Sandra
Coy!es, laurel
Lasek, Jeremy
McAiary, Luke
Gillin, Peter
Delivery
Delivered: 08/12/2009 9:34AM
Delivered: 08/12/2009 9:34AM
Delivered: 08/12/2009 9:34AM
Delivered: 08/12/2009 9:34AM
Delivered: 08/12/2009 9:34AM
Could you please remind all LAMS employees at your earliest opportunity of the provision in the cyrrent collective
agreement, the ACT Legislative Assembly Members' Staff Union Collective Agreement 2007-2010, which requires all TOIL
credit as at the date of lodgement of the Agreement on 9 October 2007 to be fully utilised by the date of expiration of
t'· Agreement on 31 March 2010, otherwise any such TOIL credit remaining at the date of expiration if the Agreement
Wnl be forfeited (clause 20.12 of the Agreement refers).
It is implicit in this provision that all TOIL credit as at the date of lodgement ofthe current Agreement is identified and
has been certified by the employing MLA (or his or her delegate).
lan Gratton
Workplace Relations
Chief Minister's Department
Ph: 02 6205 0361
Email: ian.gratton@act.gov.au
1