Overview of the Employment Framework for MOP(S) Act Employees

Overview of the Employment Framework for MOP(S) Act Employees

Employees of Senators and Members, and certain former Parliamentarians are employed under the MOP(S) Act. Over the course of 2007-08, there were three types of employment arrangements for employees under Parts III and IV of the MOP(S) Act[1]:

  • Individual Australian Workplace Agreements (AWA) – Under the previous Government, AWAs were used to set the terms and conditions of employment for MOP(S) Act employees above the level of Adviser (senior staff);
  • Determination 2007/PM/1 under the MOP(S) Act – Terms and Conditions of Employment for Employees Above the Level of Adviser for MOP(S) Act senior staff from 9 December 2007; and
  • The Commonwealth Members of Parliament Staff Collective Agreement 2006–2009 (CA) for MOP(S) Act employees at and below the level of Adviser (CA staff).

Determination 2007/PM/1 under the MOP(S) Act provides an interim employment arrangement for senior staff. It replaced the AWA framework in place under the previous Government.

There are two types of employees under the MOP(S) Act – electorate employees and personal employees. Within each of these categories there are several classification levels.

The Prime Minister allocates personal employee positions at specified classifications to Office Holders[2]. Each Senator and Member is also allocated four or five electorate officer positions and a relief budget for the employment of additional electorate officers for peak workloads and to fill vacancies due to leave.

A Code of Conduct for Ministerial Staff was tabled in parliament on 26 June 2008, and took effect from 1 July 2008. The Code of Conduct for Ministerial Staff sets out the standards that ministerial staff are expected to meet in the performance of their duties, and covers the personal and electorate employees of Ministers and Parliamentary Secretaries. A copy of the Code of Conduct for Ministerial Staff is included at Appendix A.

Footnotes:

  1. [1] There are also employees at Kirribilli House and the Lodge who are not covered by these arrangements. Their employment arrangements are administered by the Department of the Prime Minister and Cabinet.
  2. [2] “Office Holder” is defined in section 3 of the MOP(S) Act to mean: a person who holds a relevant office; a person, not being a Senator or Member of the House of Representatives, who held the office of Prime Minister; or a person in respect of whom a determination by the Prime Minister under section 12 of the MOP(S) Act is in force.

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