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Higher Duties Policy

Section 1 - Key Information

Policy Type and Approval Body Administrative – Vice-Chancellor
Accountable Executive – Policy Chief Operating Officer
Responsible Manager – Policy Chief People Officer
Review Date 19 March 2029
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Section 2 - Purpose

(1) The University is committed to supporting the development of Executive and Professional staff members. Support includes opportunities to act in a position of a higher classification.

(2) The benefit to staff is through valuable professional and personal development opportunities and also in benefiting the University by broadening the capability of the workforce.

(3) The objective of a higher duties allowance is to recognise the extra responsibility taken on by a staff member in a position that is classified at a level higher than their substantive position.

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Section 3 - Scope

(4) This Policy and supporting procedures apply to all continuing and fixed term, full time and part time professional staff and staff classified at an Executive Senior Management Contract level and who are under a Senior Staff Contract as defined in the La Trobe University Enterprise Agreement 2023 (Enterprise Agreement)(or successor agreement)(ESMC level staff). They do not apply to casual or academic staff.

(5) Fixed term staff cannot act in a position of a higher classification beyond their contractual term. It is recommended that fixed term staff only act in a position of a higher classification for short periods and that the acting opportunity does not impact their ability to complete the work as required by their fixed term contract and position description.

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Section 4 - Key Decisions

Key Decisions  Role
Approves a higher duties allowance for professional staff  Senior Executive Group (SEG) member 
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Section 5 - Policy Statement

(6) The objective of a Higher duties allowance is to recognise professional staff and ESMC level staff who perform the duties of a higher classification position than their substantive position. 

(7) Higher duties arrangements are intended to be temporary and of a short duration and should not exceed a period of twelve (12) months.

(8) The opportunity for a staff member to perform the duties of a higher position may be a result of:

  1. a staff member is on leave or has been seconded to another position for a short duration (not exceeding twelve (12) months); 
  2. a delay in the commencement of a new staff member after the resignation of a staff member.

Payment of Allowance

(9) The higher duties allowance will be paid where the staff member is required to perform the duties of a higher position for thirty (30) per cent or more of the responsibilities as per the table below:

Substantive position Higher Duties position Payment of Higher Duties Period of time
HEO Level HEO Level Difference between Step 1 of the position they will be performing the higher duties of and their substantive HEO classification/step level Continuous period of two (2) weeks or more (including University holidays) and up to twelve (12) months
HEO Level ESMC Level The minimum of the payment band of the ESMC TRP they are performing the higher duties of and their substantive HEO classification/step level Continuous period of four (4) weeks or more (including University holidays) and up to twelve (12) months
ESMC Level ESMC Level The minimum of the payment band of the ESMC TRP they are performing the higher duties of and their current ESMC TRP Continuous period of four (4) weeks or more (including University holidays) and up to twelve (12) months

(10) The higher duties allowance will be paid via the payroll system and will attract superannuation and be subject to relevant taxation.

(11) Where the staff member is not performing the full range of duties of the higher level position and they are required to fulfil a portion of the full duties of their substantive role, the higher duties allowance must reflect a fair assessment of the proportion of duties that are completed as determined by the staff member’s manager and paid in accordance with the Enterprise Agreement.

Promotion

(12) Where a professional staff member who is performing the duties of a higher position is permanently promoted to that position, they will not suffer any reduction in remuneration and shall receive the same increments as if they had during the period of temporary service in the higher duties position and been the permanent occupant of that position.

Higher Duties for Periods Greater than 12 Months 

(13) Where a professional HEO staff member is in receipt of a higher duties allowance for a continuous period of twelve (12) months, they will be eligible to receive an increment at the higher classification position and upon completion of each further twelve (12) month period, be granted salary increments applicable to the higher position, provided that any staff member currently in receipt of an increment on that basis at the commencement of the Enterprise Agreement will continue to be paid at that increment.

Paid Leave Provision

(14) Where a Professional staff member who is performing the duties of a higher position takes leave with pay not exceeding two (2) weeks (other than Long Service Leave), they will continue to be paid the higher duties allowance during the period of leave, if the allowance would have been paid but for the granting of the leave.

Other Pay Considerations

(15) A higher duties allowance shall be regarded as salary for the purposes of calculating all other types of allowances, including overtime. 

(16) If the staff member who is appointed to perform the duties of a higher position is already on the same or a higher salary level than the higher duties position, then an additional allowance will not be paid. 

(17) A staff member will not be penalised in any way for a refusal to perform higher duties.

Resignation

(18) A staff member who resigns whilst receiving higher duties allowance will be paid out their entitlements at their substantive salary rate. 

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Section 6 - Procedures

(19) The manager should assess the requirement for an alternative staff member to perform the duties of the higher position. The manager’s selection decision should give consideration to factors such as development plans from the career success process, knowledge of the higher duties to be performed, current level of performance, availability of staff member and the work areas succession plans. 

(20) The manager should assess what percentage of duties will be allocated to the staff member and determine the applicable Higher Duties Allowance. Once all the above considerations are taken into account, the manager should proceed with the following: 

  1. Approach the relevant staff member(s) to discuss the opportunity, the extent to which the staff member would be expected to perform the duties of the higher position and seek their acceptance. A staff member can decline an offer of higher duties without prejudice to their right to future offers. If the staff member declines the offer, the manager can then approach any other suitable staff member(s) to discuss the acting in higher duties opportunity.
  2. Where the staff member agrees to perform the duties of the higher position, the manager should proceed to submit the Higher Duties Allowance Request Form via PageUp. The submission will go through the relevant approvals which includes, Talent Acquisition & Remuneration, Head of Area and Chief Financial Officer. 
  3. Please refer to the AskP&C Knowledge Article on Higher Duties Allowance.
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Section 7 - Definitions

(21) For the purpose of this Policy and Procedure:

  1. Approver: is the delegated person to approve as per Higher Duties form.
  2. Classification: is the level of responsibility of a position, generally shown relative to other positions and as defined in the Enterprise Agreement is the ‘level which most accurately reflects the work to be performed, taking into account the duties and responsibilities of the position’.
  3. Higher Duties: is when a staff member is performing the duties of a higher position.
  4. La Trobe University Enterprise Agreement 2023, approved by the Fair Work Commission (‘the Enterprise Agreement’).
  5. Professional staff: as defined under the La Trobe University Enterprise Agreement 2023, approved by the Fair Work Commission (‘the Enterprise Agreement’).
  6. Related legislation: Fair Work Act 2009 and Superannuation Guarantee (Administration) Act 1992.
  7. Related Policy and other documents: Code of Conduct
  8. Substantive position: is the position to which a staff member has been appointed (or would normally occupy) on a continuing basis.
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Section 8 - Authority and Associated Information

(22) This Policy is made under the La Trobe University Act 2009.

(23) Associated information includes:

  1. AskHR Knowledge Article on Acting in Another Position, Higher Duties Allowance, Loadings and Allowances Request Form