Section 2 - Remuneration

Updated: 6 May 2024

Salary

  1. Salary rates will be as set out in Attachment A – Base salaries of this agreement.
  2. The base salary rates in Attachment A – Base salaries include the following increases:
    1. 4.0 per cent from the first full pay period on or after 1 March 2024 (14 March 2024);
    2. 3.8 per cent from the first full pay period on or after 1 March 2025 (13 March 2025); and
    3. 3.4 per cent from the first full pay period on or after 1 March 2026 (12 March 2026.
  3. In recognition of a common alignment date of the first full pay period on or after 1 March each year, the base salary rates in Attachment A – Base salaries were calculated based on base salary rates as at 31 August 2023.

Payment of salary

  1. Employees will be paid fortnightly in arrears by electronic funds transfer into a financial institution account of the employee’s choice, based on their annual salary using the following formula:

    Fortnightly salary =

    Note: This formula is designed to achieve a consistent fortnightly pay rate without significant variability year-to-year. It reflects that the calendar year is not neatly divisible into 26 fortnightly periods. There are 313 fortnightly pay cycles within a 12-year period.

Salary setting

  1. Where an employee is engaged, moves to or is promoted in the AEC, the employee’s salary will be paid at the minimum of the salary range of the relevant classification, unless the Electoral Commissioner determines a higher salary within the relevant salary range under these salary setting clauses.
  2. The Electoral Commissioner may determine the payment of salary at a higher value within the relevant salary range of the relevant classification and the date of effect at any time.
  3. In determining a salary under these provisions, the Electoral Commissioner will have regard to relevant factors including the employee’s experience, qualifications and skills.
  4. Where an employee commences ongoing employment in the AEC immediately following a period of non-ongoing employment in the AEC for specified term or task, the Electoral Commissioner will determine the employee’s salary within the relevant salary range of the relevant classification which recognises the employee’s prior service as a non-ongoing employee in the AEC.
  5. Where an employee commences ongoing employment in the AEC immediately following a period of casual employment in the AEC, the Electoral Commissioner will determine the employee’s salary within the relevant salary range of the relevant classification which recognises the employee’s prior service as a casual employee in the AEC.
  6. Where an APS employee moves to the AEC at level from another APS agency, and their salary is above the maximum of the salary range for their classification, the Electoral Commissioner will maintain the employee’s salary at that level, until it is absorbed into the salary range for that classification.
  7. Where the Electoral Commissioner determines that an employee’s salary has been incorrectly set, the Electoral Commissioner may determine the correct salary and the date of effect.

Salary on reduction

  1. The Electoral Commissioner may determine the salary of an employee where that employee is reduced to a lower classification, either on request or reassignment on a temporary or ongoing basis, having regard to the experience, qualifications and skills of the employee, and the circumstances under which the reduction occurred.

Salary sacrifice arrangements

  1. Employees may elect to sacrifice salary for other benefits in accordance with relevant taxation legislation.
  2. Where an employee elects to participate in a salary sacrifice arrangement their salary will be determined as if the salary sacrifice arrangements had not been entered into.
  3. All costs, including any fringe benefits tax and administrative costs incurred as a result of the salary sacrifice arrangement, will be met by the employee.

Incremental advancement

  1. Employees will be eligible for incremental advancement in accordance with clauses 35 to 44 of this agreement.
  2. Any incremental advancement will become effective from 1 July each year.
  3. The Electoral Commissioner may determine that an employee is eligible for incremental advancement where an employee does not satisfy the circumstances in clauses 39 and 43.
  4. The Electoral Commissioner may determine that an employee is eligible for accelerated incremental advancement at any time in the performance cycle.

Advancement at substantive classification

  1. Subject to clause 39, employees with salaries below the highest increment in their substantive classification will advance one increment.
  2. An employee will be eligible for incremental advancement at their substantive classification only if they:
    1. have 3 months of aggregate eligible service with the AEC at or above the relevant classification and increment during the most recent annual performance cycle; and
    2. received a performance rating of ‘meets expectations’ at the end of the most recent annual performance cycle.
  3. For the purposes of clause 39, eligible service will include:
    1. periods of paid leave and unpaid parental leave;
    2. periods of unpaid leave that count as service; and
    3. service while employed on a non-ongoing basis.
  4. During a period of unpaid parental leave, employees will be eligible to advance a maximum of one increment, regardless of the length of unpaid parental leave.

Advancement when in receipt of higher duties allowance

  1. Subject to clause 43, employees who, in the relevant performance cycle, performed duties at a classification in which they received higher duties allowance will advance one increment at that classification.
  2. An employee will be eligible for incremental advancement at the classification in which they received higher duties allowance only if they:
    1. have performed duties at that classification for an aggregate period of 6 months of eligible service or more during the relevant performance cycle; and
    2. have received a performance rating of ‘meets expectations’ at the end of the most recent annual performance cycle in relation to their duties at that classification.
  3. An employee whose increment is advanced in accordance with clauses 42 and 43 is entitled to be paid at that increment for any subsequent period in which they perform duties at the relevant classification, including on promotion to that classification, regardless of elapsed time.

Ineligibility for Incremental Advancement

  1. The following employees are ineligible for incremental advancement as outlined in clauses 34 to 44:
    1. non-ongoing employees who have less than 6 months of aggregate eligible service in the AEC at or above the relevant classification and increment during the most recent annual performance cycle;
    2. casual employees;
    3. employees participating in an Entry Level Program;
    4. employees within their first 12 months of participation in the AEC graduate program;
    5. employees who receive a rating of ‘requires development’ at the end of the most recent annual performance cycle;
    6. employees who are participating in a performance improvement process in accordance with clauses 412 to 414.

Superannuation

  1. The AEC will make compulsory employer contributions as required by the applicable legislation and fund requirements.
  2. Employer superannuation contributions will be paid on behalf of employees during periods of paid leave that count as service.
  3. The AEC will make employer superannuation contributions to any eligible superannuation fund, provided that it accepts payment by fortnightly electronic funds transfer (EFT) using a file generated by the AEC’s payroll system.

Method for calculating superannuation salary

  1. The AEC will provide an employer contribution of 15.4 per cent of the employee’s Fortnightly Contribution Salary (FCS) for employees in the Public Sector Superannuation Accumulation Plan (PSSap) and Ordinary Time Earnings (OTE) for employees in other accumulation funds.
  2. Employer contributions will be made for all employees covered by this agreement.
  3. Employer contributions will not be reduced by any other contributions made through salary sacrifice arrangements.

Payment during unpaid parental leave

  1. Employer contributions will be paid on periods of unpaid parental leave in accordance with the requirements of the PSSap fund where the employee is a member of the PSSap, and up to a maximum of 52 weeks where the employee is a member of an accumulation fund other than PSSap.

Overpayments

  1. An overpayment occurs if the Electoral Commissioner (or the AEC) provides an employee with an amount of money to which the employee was not entitled (including but not limited to salary, entitlements, allowances, travel payment and/or other amount payable under this agreement).
  2. Where the Electoral Commissioner considers that an overpayment has occurred, the Electoral Commissioner will provide the employee with notice in writing. The notice will provide details of the overpayment.
  3. If an employee disagrees that there has been an overpayment including the amount of the overpayment, they will advise the Electoral Commissioner in writing within 28 calendar days of receiving the notice. In this event, no further action will be taken until the employee’s response has been reviewed.
  4. If after considering the employee’s response (if any), the Electoral Commissioner confirms that an overpayment has occurred, the overpayment will be treated as a debt to the Commonwealth that must be repaid to the AEC in full by the employee.
  5. The Electoral Commissioner and the employee will discuss a suitable recovery arrangement. A recovery arrangement will take into account the nature and amount of the debt, the employee’s circumstances and any potential hardship to the employee. The arrangement will be documented in writing.
  6. The AEC and employee may agree to make a deduction from final monies where there is an outstanding payment upon cessation of employment.
  7. Interest will not be charged on overpayments.
  8. Nothing in clauses 53 to 59 prevents:
    1. the AEC from pursuing recovery of the debt in accordance with an Accountable Authority Instruction issued under the Public Governance, Performance and Accountability Act 2013 (PGPA Act); or
    2. the AEC from pursuing recovery of the debt through other available legal avenues; or
    3. the employee or the AEC from seeking approval to waive the debt under the PGPA Act.

Supported wage system

  1. An employee can get a percentage of the relevant pay rate for their classification in line with their assessed capacity to do the work if they:
    1. have a disability;
    2. meet the criteria for a Disability Support Pension; and
    3. are unable to perform duties to the capacity required.

Specific conditions relating to the supported wage system are detailed in Attachment B – Supported Wage System.