Overview

The Members of Parliament (Staff) Act 1984 Determination to provide a one-off payment 2024/21 was made under the authority of the Members of Parliament (Staff) Act 1984, establishing a one-off payment for eligible employees. This determination was enacted to align with the Australian Government Public Sector Workplace Relations Policy 2023 and the Government Parameters for non-APS bargaining on pay and conditions. It applies to staff employed under the Act during the reference period and proposed to be covered by the Commonwealth Members of Parliament Staff Enterprise Agreement 2024-27. The policy objective is to provide a one-off payment to eligible employees based on their combined annual salaries, calculated pro-rata for part-time and casual employees. The payment is to be made on the next practicable pay date on or after the payment is calculated, subject to the employee not being on leave without pay or absent from work without pay during the entire reference period. This determination will remain in force until an enterprise agreement made under the Fair Work Act 2009 that covers these employees commences operation.

Scope and Application

The Members of Parliament (Staff) Act 1984 Determination to provide a one-off payment 2024/21 applies specifically to staff who were employed under the Members of Parliament (Staff) Act 1984 during the period when employees voted on the Commonwealth Members of Parliament Staff Enterprise Agreement 2024-27, and who are subsequently proposed to be covered by this enterprise agreement. The purpose of this determination is to provide a one-off payment to eligible employees in accordance with the Australian Government Public Sector Workplace Relations Policy 2023 and the Government Parameters for non-APS bargaining on pay and conditions. This payment is applicable to employees who were employed during the reference period, unless they were on leave without pay (except for parental leave without pay) or absent from work without pay throughout the entire reference period. The payment amount is calculated as 0.92 per cent of the combined annual salaries of eligible employees, with pro-rated amounts for part-time and casual employees based on their agreed or actual hours worked during the reference period, respectively. This determination is in force until an enterprise agreement made in accordance with the Fair Work Act 2009 that covers these employees commences operation.

Key Provisions

The Members of Parliament (Staff) Act 1984 Determination to provide a one-off payment 2024/21 (section 1) applies to staff employed under the Members of Parliament (Staff) Act 1984 during the reference period, as defined in the Fair Work Act 2009, and who are proposed to be covered by the Commonwealth Members of Parliament Staff Enterprise Agreement 2024-27 (section 2). The base salary is defined as the employee's base salary including, if applicable, higher duties allowance and casual loading. For employees on maintained salaries, the base salary is the maintained salary including, if applicable, higher duties allowance and casual loading (section 3). The purpose of the determination is to provide eligible employees with a one-off payment in accordance with the Australian Government Public Sector Workplace Relations Policy 2023 and the Government Parameters for non-APS bargaining on pay and conditions (section 5). The one-off payment is to be an amount paid equally to all eligible employees, calculated on 0.92 per cent of their combined annual salaries (section 6). Eligible employees who were employed during the reference period and are proposed to be covered by the Enterprise Agreement will receive a one-off payment on the next practicable pay date on or after the date the payment is calculated (section 7). The determination imposes several obligations on the parties involved. Eligible employees must have been employed during the reference period and proposed to be covered by the Enterprise Agreement to receive the one-off payment. Employees on leave without pay, except for parental leave without pay, or absent from work without pay during the entire reference period are not entitled to the payment (section 6). The one-off payment cannot be provided where the determination is no longer in force (section 6). The determination does not explicitly state any offences, penalties, or consequences for breach. However, the determination is subject to the Australian Government Public Sector Workplace Relations Policy 2023 and the Government Parameters for non-APS bargaining on pay and conditions, which may have their own penalties and consequences for non-compliance. The determination is in force for the period beginning at the start of the day it commences and ending the start of the day that an enterprise agreement made in accordance with the Fair Work Act 2009 that covers the employees covered by this determination commences operation (section 8).