Development Victoria Enterprise Agreement 2019

1

Fair Work Act 2009 
s.185—Enterprise agreement

Development Victoria
(AG2019/4006)

DEVELOPMENT VICTORIA ENTERPRISE AGREEMENT 2019

Real estate industry 

DEPUTY PRESIDENT MASSON MELBOURNE, 13 NOVEMBER 2019

Application for approval of the Development Victoria Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the 
Development Victoria Enterprise Agreement 2019 (the Agreement). The application was 
made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 
Development Victoria. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is 
attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment 
to any employee covered by the Agreement and that the undertakings will not result in 
substantial changes to the Agreement. The undertakings are taken to be a term of the 
agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the 
requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have 
been met.

[4] The Community and Public Sector Union (CPSU) being a bargaining representative 
for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to 
cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[2019] FWCA 7788

DECISION
FairWork 

Commission 


AUSTRALIA FairWork Commission




 



[2019] FWCA 7788

2

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
20 November 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE506095  PR714276


OF THE FAIR WORK USTRALIA ISSION THE SEAL




 



[2019] FWCA 7788

3

Annexure A

Dear Deputy President Masson 

Development Victoria Enterprise Agreement 2019 (AG2019/4006} 

Written undertakin: under section 19(11 of the Fair Work Act 2009 

I, Claire Vickery, Human Resources Business Pattnef tor Development Victoria give the following underta king in 

relat ion to t he Development Victoria E11tc1prise Agreement 2019: 

1. I have the authority given to be by-Development Victoria to provide t his undert aking io , elation to the 

application before the fair Work Commission. 

2. In relation to the que$tion raised of the applicable weekend penalty rate a~sociated with ordinary 
hours of ,,1ork performed by Sa les emplzyyees as identified in sub-clause 17.1.2. Development Victoria 

undertakes to apply the following sub•clauses: 

17.1.2 (a) In celatlOn to those sales employees classified in either Level 1 or Level 2: 

(i) The ordinary t ime wo,ked between midnight on Friday and midnight on Saturday is 

paid at time and a half the rate as identified for the app ropriate level In sub-clause 

12.2.4. 

(Ii) The ordinary time woried between midnight Saturday and midnight on Sunday is 

paid at double time the rate as identified for the appropriate Jevel in sub-clause 

12.2.4. 

3. In relation to clarifKat ion of the ordinary hours for pa rt-time employees. a5 it related to overtime i n 

Oause 18.1. Development Victofia undertakes to include an additional sentence at the end of Sub 

Oause 11.1.2 l•J: The agreed number of hours will form the employee's ordinary hours. 

Further to this, Clause 18.1 wou ld be altered to read: 

Clause JB. t - All o verrime requfr'ed to be wo,ked by Development Victoria in excess of either rhe 

ordinary hours of work., as defined in 17.l or the agreed hours os per 11.1.2 (a), isovertime, for the 
purposes of this clause. 

Oaire Vickery 

Human Resources Business Partner 

ORIA t DEVELOPMENT 
VICTORIA -· _,......,, 


Dear Deputy President Masson Development Victoria Enterprise Agreement 2019 (AG2019/4006) Written undertaking under section 190 of the Fair Work Act 2009 1, Claire Vickery, Human Resources Business Partner for Development Victoria give the following undertaking in relation to the Development Victoria Enterprise Agreement 2019: 1. I have the authority given to be by Development Victoria to provide this undertaking in relation to the application before the Fair Work Commission. 2. In relation to the question raised of the applicable weekend penalty rate associated with ordinary hours of work performed by Sales employees as identified in sub-clause 17.1.2. Development Victoria undertakes to apply the following sub-clauses: 17.1.2 (a) In relation to those sales employees classified in either Level 1 or Level 2: (i) The ordinary time worked between midnight on Friday and midnight on Saturday is paid at time and a half the rate as identified for the appropriate level in sub-clause 12.2.4. (ii) The ordinary time worked between midnight Saturday and midnight on Sunday is paid at double time the rate as identified for the appropriate level in sub-clause 12.2.4. 3. In relation to clarification of the ordinary hours for part-time employees as it related to overtime in Clause 18.1. Development Victoria undertakes to include an additional sentence at the end of Sub Clause 11.1.2 (a): The agreed number of hours will form the employee's ordinary hours. Further to this, Clause 18.1 would be altered to read: Clause 18.1 - All overtime required to be worked by Development Victoria in excess of either the ordinary hours of work, as defined in 17.1 or the agreed hours as per 11.1.2 (a), is overtime, for the purposes of this clause Claire Vickery Human Resources Business Partner DEVELOPMENT VICTORIA VICTORIA Store Government




 



OFFICIAL 

Development Victoria 
Enterprise Agreement 

2019 


Development Victoria Enterprise Agreement 2019 OFFICIAL




 

kirton
Undertaking




PREAMBLE Development Victoria makes Victoria a great place to live by increasing housing diversity, creating cultural and recreational facilities, and activating urban and regional precincts that create jobs and stimulate economic activity. Established in April 2017 as a statutory authority under the Development Victoria Act 2003, Development Victoria is a valued partner delivering government policy through property development and capital works projects to achieve social and economic outcomes for the Victorian community. This Agreement provides Employees with clarity about their minimum employment terms and conditions. 1. ARRANGEMENT PREAMBLE. 1 1. ARRANGEMENT .. 1 2. TITLE .... 2 3. OPERATION OF THE AGREEMENT AND PARTIES BOUND 4. RELATIONSHIP TO PREVIOUS AGREEMENTS, ARRANGEMENTS AND AWARDS. .2 5. DEFINITIONS .2 6. DEVELOPMENT VICTORIA POLICIES AND PROCEDURES 3 7. FLEXIBILITY AGREEMENT. ......... 4 8. DISPUTE SETTLEMENT PROCEDURES 5 9. CONSULTATION. 6 10. AGREEMENT AVAILABILITY .. 7 11. CONTRACT OF EMPLOYMENT 8 Engagement 8 Termination 11 12. REMUNERATION .. 13 13. POSITION DESCRIPTION 16 14. HIGHER DUTIES 16 15. ALLOWANCES 17 16. SUPERANNUATION 18 17. ORDINARY HOURS OF WORK 18 18. OVERTIME ... 18 19. OVERTIME RATES OF PAY 19 20. OVERTIME MEAL ALLOWANCE 19 21. MEAL BREAKS .. 20 22. ANNUAL LEAVE .. 20 23 PERSONAL LEAVE 24 24. LONG SERVICE LEAVE 30 25. PARENTAL LEAVE ... 32 26. COMMUNITY SERVICE LEAVE .41 27. ABORIGINAL AND TORRES STRAIT ISLANDER CULTURAL AND CEREMONIAL LEAVE 42 28. PUBLIC HOLIDAYS .. .... 43 29. EXCESS TRAVELLING TIME 43 30. TRAVEL, ACCOMMODATION EXPENSES 44 31. USE OF PRIVATE MOTOR VEHICLE 44 Page 1/45 OFFICIAL




 




2. TITLE This Agreement shall be known as the Development Victoria Enterprise Agreement 2019. 3. OPERATION OF THE AGREEMENT AND PARTIES BOUND 3.1 This Agreement shall commence operation seven days after it is approved by the Fair Work Commission and shall expire on 30 June 2023. 3.2 This Agreement covers Development Victoria, all Employees of Development Victoria covered within the classification structure and the Community and Public Sector Union (CPSU). 4. RELATIONSHIP TO PREVIOUS AGREEMENTS, ARRANGEMENTS AND AWARDS This Agreement: operates to the exclusion of all previous agreements, any award that would otherwise apply and arrangements made, lodged or approved under Commonwealth or State industrial legislation which is binding on Development Victoria. Any leave balances which have accrued under any such previous industrial instruments will not be affected by the making of this agreement; and will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit to Employees, the NES provision will apply to the extent of the inconsistency. 5. DEFINITIONS In this Agreement, unless inconsistent with the context of the subject matter: 5.1 Act means the Fair Work Act 2009 as amended from time to time or its successor. 5.2 Accident make up allowance means the allowance payable to an Employee in accordance with clause 15.1. 5.3 Employee means any person employed by Development Victoria whose employment is classified by Development Victoria into a level covered by this Agreement. 5.4 FWC means Fair Work Commission or its successor. 5.5 Higher Duties Allowance means an allowance paid for the performance of higher level duties in accordance with clause 14. Page 2/45 OFFICIAL




 




5.6 IBSP means an Intern Based, Social Program Placement and Industry Based Student Placement 5.7 NES means the National Employment Standards under the Act. 5.8 Statutory Superannuation means the superannuation payable to an Employee in accordance with clause 16.1. 5.9 Superannuation Legislation means the Superannuation Guarantee Charge Act 1992 and the Superannuation Guarantee (Administration) Act 1992 as amended from time to time, or their successors. 5.10 TRP means Total Remuneration Package, which comprises the Employees ordinary rate of pay which is inclusive of: Base salary, Annual Leave Loading, . The first ten (10) days of any allowance that may otherwise be payable for an Employee undertaking higher duties, Statutory Superannuation. 6. DEVELOPMENT VICTORIA POLICIES AND PROCEDURES 6.1 Development Victoria's policies and procedures are made available to Employees via Development Victoria's intranet site and Employees are required to make themselves aware of the posted policies. 6.2 To enable Employees to maintain a contemporary knowledge of Development Victoria's policies and procedures, Employees will be notified via intranet of any new policies and/or procedures or variations to existing policies and procedures, which may occur from time to time. 6.3 Whilst Employees are expected to familiarise themselves with and conduct themselves in accordance with Development Victoria's policies and procedures (including those referred to in this Agreement), the policies and procedures do not form part of this Agreement, nor are they, nor may they be taken to be, terms of the Employee's contract of employment. Page 3/45 OFFICIAL




 




7. FLEXIBILITY AGREEMENT 7.1 Notwithstanding any other provision of this Agreement, Development Victoria and an individual Employee (including those in categories identified under provision within the Fair Work Act 2009) may agree to vary the effect of the term of this Agreement as set out in clause 7.3 below (Flexibility Agreement). 7.2 Development Victoria and the Employee must have genuinely made the Flexibility Agreement without coercion or duress. 7.3 Development Victoria and the Employee may agree to vary the application of the terms of this Agreement relating to any of the following in order to meet the genuine needs of both the Employee and Development Victoria: 7.3.1 arrangement for when work is performed; 7.3.2 overtime rates; 7.3.3 penalty rates; or 7.3.4 allowances. 7,4 An agreement may only be made after the individual employee has commenced employment with Development Victoria. 7.5 The Flexibility Agreement between Development Victoria and the Employee must: 7.5.1 result in the Employee being better off overall than the Employee would have been if no individual flexibility agreement had been agreed to; 7.5.2 be about matters that would be permitted matters if the Flexibility Agreement were an enterprise agreement; and 7.5.3 must not include a term that would be an unlawful term if the Flexibility Agreement were an enterprise agreement. 7.6 The Flexibility Agreement between Development Victoria and the Employee must also: 7.6.1 be in writing, name the parties to the agreement and be signed by Development Victoria and the Employee and, if the Employee is under 18 years of age, the Employee's parent or guardian; 7.6.2 state each term of this Agreement that Development Victoria and the Employee have agreed to vary; 7.6.3 detail how the application of each term has been varied by agreement between Development Victoria and the Employee; 7.6.4 detail how the Flexibility Agreement results in the Employee being better off overall in relation to the Employee's terms and conditions of employment; and 7.6.5 state the date the Flexibility Agreement commences to operate. 7.7 Development Victoria must give the individual Employee a copy of the Flexibility Agreement within 14 days after the parties agree to it and keep the agreement as a time and wages record. Page 4/45 OFFICIAL




 




7.8 Except as provided in clause 7.6.1 the Flexibility Agreement must not require the approval or consent of a person other than Development Victoria and the individual Employee. 7.9 When seeking to enter into a Flexibility Agreement, Development Victoria must provide a written proposal to the Employee. Where the Employee's understanding of written English is limited Development Victoria must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. 7.10 The Flexibility Agreement may be terminated: 7.10.1 by Development Victoria or the individual Employee giving 28 days' notice of termination, in writing, to the other party and the Flexibility Agreement ceasing to operate at the end of the notice period; or 7.10.2 at any time, by written agreement between Development Victoria and the individual Employee. 7.11 The right to make a Flexibility Agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between Development Victoria and an individual Employee contained in any other term of this Agreement. 8. DISPUTE SETTLEMENT PROCEDURES 8.1 If a dispute or grievance arises between an Employee and Development Victoria over the operation of this Agreement or the NES, the parties will attempt to resolve the dispute or grievance in the workplace, via discussion between the Employee and the Employee's immediate manager. 8.2 If, following a reasonable period of time, the dispute remains unresolved, the Employee may attempt to resolve the dispute or grievance with more senior levels of management as appropriate. 8.3 If the dispute cannot be resolved at the workplace level, and all agreed steps for resolving the matter have been taken, then either party may refer the matter to the FWC for resolution by mediation or conciliation in accordance with the FWC's powers under the Act and as otherwise agreed by the parties. 8.4 If the dispute is not resolved by mediation or conciliation, either party to the dispute may request the FWC to arbitrate the dispute. If so, the FWC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. 8.5 The decision of the member of the FWC will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. 8.6 A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. Either party may retain legal representation or advice at any stage of the process. 8.7 The parties to the dispute shall at all times confer in good faith and without undue delay. Page 5/45 OFFICIAL




 




8.8 An Employee who is a party to a dispute must, while the dispute is being resolved: . continue to work in accordance with his or her contract of employment, unless the Employee has a reasonable concern about an imminent risk to his or her health or safety; and comply with any reasonable direction given by Development Victoria to perform other available work, either at the same workplace or at another workplace. 8.9 In directing an Employee to perform other available work, Development Victoria must have regard to: the provisions (if any) of the law of the Commonwealth or the State of Victoria dealing with occupational health and safety that apply to that Employee or that other work; and whether that work is appropriate for the Employee to perform. 9. CONSULTATION 9.1 Employees may appoint representative Employees may appoint a representative for the purposes of clause 9. An Employee is entitled to be represented by a union or other representative for the purposes of consultation. The Employees must advise Development Victoria in writing of the identity of any representative (eg a union or other representative) so appointed. 9.2 Consultation regarding major workplace change 9.2.1 Development Victoria to notify Where Development Victoria has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on Employees, Development Victoria must notify the Employees who may be affected by the proposed changes and their representatives (eg a union or other representative), if any. Significant effects include termination of employment; major changes in the composition, operation or size of Development Victoria's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of Employees to other work or locations; and the restructuring of jobs. Provided that where this Agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect. 9.2.2 Development Victoria to discuss change 9.2.2(a) Development Victoria must discuss with the Employees affected and their representatives (eg a union or other representative), if any, the introduction of the changes Page 6/45 OFFICIAL




 




referred to in clause 9.2.1, the effects the changes are likely to have on Employees and measures to avert or mitigate the adverse effects of such changes on Employees and must give prompt consideration to matters raised by the Employees and/or their representatives (eg a union or other representative) in relation to the changes. 9.2.2 (b) The discussions must commence as early as practicable after a definite decision has been made by Development Victoria to make the changes referred to in clause 9.2.1. 9.2.2 (c) For the purposes of such discussion, Development Victoria must provide in writing to the Employees concerned and their representatives (eg a union or other representative), if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on Employees and any other matters likely to affect Employees provided that Development Victoria is not required to disclose confidential information the disclosure of which would be contrary to Development Victoria's interests. 9.3 Consultation regarding change to regular roster or ordinary working hours 9.3.1 Where Development Victoria proposes to introduce a change to the regular roster or ordinary hours of work of Employees, Development Victoria must notify the Employees who may be affected by the proposed change and their representatives (eg a union or other representative), if any. 9.3.2 Development Victoria must discuss with the Employees who may be affected and their representatives (eg a union or other representative) , if any, the introduction of the change proposed under clause 9.3.1 and invite the Employees to give their views about the impact of the change, including any impact in relation to their family or caring responsibilities. Development Victoria must give prompt consideration to matters raised by the Employees and their representatives, if any, about the proposed change. 9.3.3 For the purposes of the discussion, Development Victoria must provide to the Employees who may be affected and their representative (eg a union or other representative), if any, information about the proposed change provided that Development Victoria is not required to disclose confidential information the disclosure of which would be contrary to Development Victoria's interests. 9.3.4 The requirement to consult under clause 9.3 does not apply where an Employee has irregular, sporadic or unpredictable working hours. 10. AGREEMENT AVAILABILITY A copy of this Agreement shall be posted on Development Victoria's intranet site. Page 7/45 OFFICIAL




 




11. CONTRACT OF EMPLOYMENT 11.1 Engagement 11.1.1 Full-time Ongoing A full-time ongoing Employee is one who is engaged to work the ordinary hours of work prescribed in clause 17 - Ordinary Hours of work. 11.1.2 Part-time Ongoing 11.1.2 (a) A part-time ongoing Employee is one who is in regular and continuing employment for less than ordinary hours of work prescribed in clause 17 - Ordinary Hours of work, with the number of hours worked being fixed and constant for a particular week. However the number of hours worked may vary from week to week in accordance with clause 11.1.2. 11.1.2 (b) A part-time Employee must be provided with the entitlements and benefits set out in this Agreement on a pro rata basis in accordance with the number of hours worked. 11.1.2 (c) A part-time Employee's hours/days of work may be altered following consultation with the Employee. 11.1.2.(d) Payment for part-time employment must be for not less than three consecutive hours in any day worked except: (i) where the Employee works from home by agreement with Development Victoria; or (ii) in exceptional circumstances. 11.1.3 Development Victoria acknowledges the positive impact that secure employment has on Employees and the provision of quality services to the Victorian community. Development Victoria will give preference to ongoing forms of employment over casual and fixed term arrangements wherever possible. 11.1.4 Fixed term employment 11.1.4 (a) A fixed term Employee is an Employee engaged on full time or part time basis for a nominated period or on a project basis whose employment relationship with Development Victoria will automatically come to an end at the expiry of the nominated period or the completion of the relevant project. 11.1.4 (b) A fixed term Employee whose employment relationship with Development Victoria comes to an end due to the expiry of the nominated period or the completion of the relevant project will not be entitled to notice of termination or Page 8/45 OFFICIAL




 




severance payments as if the Employee's position were redundant. 11.1.4 (c) Notwithstanding clauses (a) and (b) above, the employment of a fixed term Employee may be terminated before the expiry of the nominated period or the completion of the relevant project by either Development Victoria or the Employee in accordance with clause 11.2 of this Agreement. 11.1.5 Casual Employee 11.1.5 (a) A casual Employee shall be engaged by the hour for a minimum of three (3) hours per engagement. 11.1.5 (b) A casual Employee shall receive the appropriate ordinary hourly rate of a permanent employee of the same classification plus an additional 25% loading for each hour of work performed by the casual Employee. 11.1.5 (c) A casual Employee's employment: is terminated at the conclusion of a day's work or . . at any time, may be terminated by the giving of one hour's notice by either Development Victoria or the Employee to the other. At its discretion Development Victoria may pay the Employee one hours pay in lieu of notice. 11.1.5 (d) This Agreement shall apply to casual Employees except for the provisions of clauses (11.2.1(a)) Notice of Termination; (22) Annual leave; (23) Personal leave; (27) Public holidays; and, for other than eligible casual Employees, (24) Long service leave and (25) Parental leave. 11.1.5 (e) Right to request casual conversion 11.1.5 (e)(i) An Employee engaged by Development Victoria as a regular casual Employee may request that their employment be converted to full-time or part-time employment in accordance with the State Government Agencies Award 2010 11.1.5 (e)(ii) A regular casual Employee is a casual Employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis, which, without significant adjustment, the Employee could continue to perform as a full-time Employee or part time Employee under the provisions of this Agreement. Page 9/45 OFFICIAL




 




11.1.5 (e)(iii) Any request under this subclause must be in writing and provided to Development Victoria. 11.1.5 (e)(iv) Where a regular casual Employee seeks to convert to full-time or part-time employment, Development Victoria may agree or refuse the request, but the request can only be refused on reasonable grounds in accordance with the State Government Agencies Award 2010. and after there has been consultation with the Employee. 11.1.5 (e)(v) A casual Employee must not be engaged and re- engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. 11.1.5 (e)(vi) Nothing in this clause obliges a regular casual Employee to convert to full-time or part-time employment, nor permits Development Victoria to require a regular casual Employee to so convert. Page 10/45 OFFICIAL




 




11.2 Termination of employment Termination of the employment of an Employee may occur in accordance with this clause or as otherwise provided by this Agreement. 11.2.1 Notice of termination by Development Victoria 11.2.1 (a) In order to terminate the employment of an Employee other than a casual Employee, Development Victoria shall give to the Employee the following notice: Period of continuous service Period of notice 6 months or Less 1 week Over 6 months and up to the completion of one year 2 weeks Over one year of completed service 4 weeks 11.2.1 (b) An Employee over forty five (45) years of age at the time of the notice, with not less than two years' continuous service, shall be entitled to an additional week's notice. 11.2.1 (c) Payment in lieu of notice shall be made if the appropriate notice period is not given. Development Victoria may give part of the period of notice specified and part payment in lieu of the balance of the period of notice. 11.2.1 (d) In calculating any payment in lieu of notice, the wages an Employee would have received in respect of the ordinary time he or she would have worked during the period of notice shall be used. 11.2.1 (e) The period of notice provided by clause 11.2.1 shall not apply in cases of: . dismissal under clause 11.2.4 (summary dismissal) or . casual Employees; or an Employee engaged for a fixed term under clause 11.1.3, unless the employment is terminated earlier than the agreed end date or the conclusion of the project. Page 11/45 OFFICIAL




 




11.2.2 Notice of termination by an Employee 11.2.2 (a) The notice of termination to be given by an Employee shall be the same as that required of Development Victoria, (as set out in clause 11.2.1 (a)). An Employee is not required to provide additional notice based on the age of the Employee (as set out in clause 11.2.1 (b)). 11.2.2 (b) Subject to applicable law, any outstanding monies owed by the Employee to Development Victoria, as at the date of cessation of his or her employment may be recovered by Development Victoria by way of a reasonable deduction from amounts due on any account by Development Victoria to the Employee, and with the Employee's consent. 11.2.3 Time off during notice period Where Development Victoria has given notice of termination, an Employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at time or times that are convenient to the Employee after consultation with Development Victoria. 11.2.4 Summary dismissal Development Victoria may immediately terminate an Employee's employment without notice or payment in lieu of notice (other than payment in respect of benefits accrued at the termination date), if the Employee engages in serious misconduct as defined under the Fair Work Act 2009. 11.2.5 Abandonment of Employment 11.2.5 (a) If an Employee is absent from work for a continuous period exceeding five (5) working days, or such longer period as is reasonable in the circumstances, without: . Development Victoria's approval, . notifying Development Victoria and . responding to Development Victoria's reasonable attempts at contact, the absence shall be prima facie evidence that the Employee has abandoned his/her employment and Development Victoria will accept the abandonment as constituting termination of the employment. 11.2.5 (b) The termination will be subject to clause 11.2.1. Page 12/45 OFFICIAL




 




11.2.6 Misrepresentation Offers of employment by Development Victoria are based on the qualifications, experience and expertise which an Employee represents he/she has as part of the Employee's application for employment. Development Victoria may terminate an Employee's employment if any such information relating to the Employee's qualifications, experience or expertise is found by Development Victoria to be false or misleading. 12. REMUNERATION 12.1 Payment of Remuneration 12.1.1 Remuneration shall be paid monthly by direct credit to a financial institution account nominated by the Employee. 12.2 Remuneration structure 12.2.1 The annual remuneration amounts in this clause are the minimum TRP applicable at each level. 12.2.2 Unless stated elsewhere in this Agreement, an Employee shall be paid not less than the minimum TRP for the level applicable to the Employee's position as determined by Development Victoria. 12.2.3 Each Employee's TRP and the minimum TRP for each level will increase by the statutory superannuation increases, and: 12.2.3 (a) 1.5% effective 1 July 2019 (see TRP in clause 12.2.4 below); 12.2.3 (b) 1.5% effective 1 January 2020; 12.2.3 (c) 1.5% effective 1 July 2020; 12.2.3 (d) 1.5% effective 1 January 2021; 12.2.3 (e) 1.5% effective 1 July 2021; 12.2.3 (f) 1.5% effective 1 January 2022; 12.2.3 (g) 1.5% effective 1 July 2022; 12.2.3 (h) 1.5% effective 1 January 2023; Page 13/45 OFFICIAL




 




12.2.4 Minimum annual TRPs are set out in the following table: Minimum Minimum Minimum Minimum Annual TRP Annual TRP Annual TRP Annual TRP ($) (inclusive ($) (inclusive ($) (inclusive ($) (inclusive of 1.5% of 1.5% of 1.5% of 1.5% increase in increase in increase in increase in clause clause clause clause 12.2.3(a)) 12.2.3(b)) 12.2.3(c)) 12.2.3(d)) 1 July 2019 1 January 1 July 2020 1 January 2020 2021 IBSP $46,812.30 $47,514.48 $48,227.20 $48,950.61 Level 1 $59,829.07 $60,726.50 $61,637.40 $62,561.96 Level 2 $72,979.52 $74,074.21 $75,185.33 $76,313.11 Level 3 $93,093.76 $94,490.16 $95,907.52 $97,346.13 Level 4 $112,948.94 $114,643.18 $116,362.83 $118,108.27 Level 5 $139,767.87 $141,864.39 $143,992.35 $146,152.24 Minimum Minimum Minimum Minimum Annual TRP Annual TRP Annual TRP Annual TRP ($) (inclusive ($) (inclusive ($) (inclusive ($) (inclusive of 1.5% of 1.5% of 1.5% of 1.5% increase in increase in increase in increase in clause clause clause clause 12.2.3(e)) 12.2.3(f)) 12.2.3(g)) 12.2.3(h)) 1 July 2021 1 January 1 July 2022 1 January 2022 2023 IBSP $49,684.87 $50,430.14 $51,186.59 $51,954.39 Level 1 $63,500.39 $64,452.90 $65,419.69 $66,400.98 Level 2 $77,457.80 $78,619.67 $79,798.96 $80,995.95 Level 3 $98,806.32 $100,288.42 $101,792.74 $103,319.63 Level 4 $119,879.89 $121,678.09 $123,503.26 $125,355.81 Level 5 $148,344.52 $150,569.69 $152,828.24 $155,120.66 12.3 Classification method 12.3.1 Development Victoria shall determine the applicable level for a position based upon a documented position description using a whole of job comparison i.e. by comparison of the position description with the position description/s of positions which are of equal standing or are similar in nature to the duties of the position. Page 14/45 OFFICIAL




 




12.3.2 Disputes as to the accuracy and relevance of a level determined by Development Victoria shall be dealt with in accordance with the Complaints Resolution Policy as in force from time to time. 12.4 Progression to a higher level Advancement to a higher work level shall be based on promotion in accordance with the Development Victoria Recruitment and Selection policy as in force from time to time. 12.5 Employee development 12.5.1 Where Development Victoria has approved an Employee undertaking a course of study/training Development Victoria may, in accordance with its Study Support policy (as in force from time to time) grant financial assistance to the student/trainee either by: reimbursement, in part or in full, of study costs incurred by the student/trainee in respect of the scheme of study or traineeship; or payment of study costs incurred or likely to be incurred by the student/trainee, in part or in full, prior to the completion of the scheme of study or traineeship, or a subject included in a scheme of study or traineeship. 12.5.2 In accordance with the Development Victoria Study Support policy (as in force from time to time), the approved study/training may be undertaken, wholly or partially, during working hours without loss of pay as agreed between Development Victoria and the Employee and includes: attending examinations associated with an approved course of study; . attending a public presentation ceremony arranged by an educational . institution within Victoria for the purpose of conferring on the Employee a degree or diploma or other qualification for which full-time or part-time study/training has been approved or in such other circumstances as Development Victoria considers appropriate, having regard to the relevance of the course of study to the duties of the Employee and to the form of the presentation, admittance or graduation ceremony to be attended; and necessary travel associated with such attendance. 12.6 Employee duties 12.6.1 In carrying out their duties, Employees are required to comply with all relevant Legislation, regulations and industry standards. 12.6.2 In addition to an Employee's normal duties, Development Victoria may require an Employee to carry out other duties, provided that they are within the Employee's skill, competence and training. Page 15/45 OFFICIAL




 




12.6.3 If an Employee is charged with a criminal offence, a guilty finding of which may result in imprisonment or an inability of the Employee to meet the inherent requirements of the Employee's position, the Employee must notify Development Victoria at the earliest practicable time. 13. POSITION DESCRIPTION Development Victoria shall provide each Employee with a position description for the position held by the Employee, which shall contain information relevant to the duties and responsibilities of the position. 14. HIGHER DUTIES 14.1 Where an Employee undertakes all the duties of a position at a higher level for a continuous period in excess of ten (10) days, the Employee shall be paid a Higher Duties Allowance, for the period exceeding ten (10) days, calculated in the following manner: 14.1.1 Where the Employee is appointed to perform the full duties of the higher position the Employee shall be paid at a rate that is a minimum of 10% higher than their existing TRP. 14.2 If the continuous period exceeds three (3) months, any public holiday(s) or authorised absence within the period or immediately following on from such period of higher duties will be included for payment when calculating the allowance to be paid. 14.3 Where an Employee, whilst working in a higher position for which he/she is entitled to an allowance under this clause, takes annual leave the allowance shall be paid for: . the period of leave taken, if the amount of leave for which the allowance is paid does not exceed five (5) days; or all leave, if the period of leave exceeds five (5) days and the Employee, on return from leave, continues to perform in the higher position. 14.4 The Higher Duties Allowance will cease to be paid to: 14.4.1 Employees on long service leave, unless the performance of higher duties has continued for a period exceeding twelve months prior to the leave; 14.4.2 Employees on parental leave, unless the performance of higher duties has continued for a period exceeding twelve (12) months prior to the leave; 14.4.3 Employees who take full-time study leave immediately following the performance of higher duties. 14.5 For the purposes of this clause, the duties of a position shall mean the duties which would usually be performed in the position during the period applicable. Page 16/45 OFFICIAL




 




15. ALLOWANCES 15.1 Accident make-up allowance 15.1.1 Development Victoria will pay an Employee accident make-up allowance where the Employee receives an injury for which weekly payments of compensation are payable by or on behalf of Development Victoria pursuant to the provisions of the Workplace Injury Rehabilitation and Compensation Act 2013 or its successor, (for the purposes of this clause, referred to as 'the WIRC Act"). 15.1.2 Accident make-up allowance means a payment of an amount being the difference between the weekly amount of compensation paid to the Employee pursuant to the WIRC Act and the Employee's ordinary rate of pay as defined, or where the incapacity is for a lesser period than one week the difference between the amount of such compensation and the rate of pay for that period. 15.1.3 Development Victoria shall pay or cause to be paid accident make-up allowance during the incapacity of the Employee within the meaning of the WIRC Act. Payment shall not be paid: 15.1.3 (a) in excess of a continuous period of fifty two (52) weeks; or 15.1.3 (b) in excess of an aggregate period of fifty two (52) weeks in respect of a particular injury or incapacity; without the approval of Development Victoria. 15.1.4 The liability of Development Victoria to pay accident make up allowance in accordance with this clause arises as at the date of the injury or accident in respect of which compensation is payable. 15.1.5 If the Employee receives a lump sum in redemption of weekly payments under the WIRC Act, Development Victoria's liability to pay make-up allowance in relation to that injury ceases from the date of the redemption. 15.1.6 The Employee shall repay any payments made in settlement of a claim for civil damages in connection with the injury to the extent that the judgement or settlement specifically compensates the injured Employee for the accident make-up allowance payments made under this clause. 15.1.7 Where an Employee is off work as a result of an injury or accident for which Development Victoria is liable for accident make-up allowance under this clause, the Employee shall be entitled to return to duty on alternate duties should the Employee's medical practitioner so recommend for the purposes of rehabilitation, in accordance with the Development Victoria Return to Work policy, as in force from time to time, (which applies separately) and provided suitable work is available without prejudice to other employees. Page 17/45 OFFICIAL




 




16. SUPERANNUATION 16.1 Subject to applicable law, Development Victoria will make superannuation payments into a complying superannuation fund, of an Employee's choice, on behalf of each Employee, in accordance with the requirements of the Superannuation Legislation and at a rate to avoid the imposition of a charge under the Superannuation Legislation. This superannuation payment is included in an Employee's TRP 16.2 If an Employee fails to nominate a fund the required contributions will be paid into the VicSuper fund, which is Development Victoria's default superannuation fund. 17. ORDINARY HOURS OF WORK 17.1 The ordinary hours of work shall be thirty eight (38) hours per week, to be worked over five days of not more than 7.6 hours, between 7.00am - 6:30pm, on the following days: 17.1.1 Monday to Friday for all Employees others than those engaged in sales activities, or 17.1.2 Monday to Sunday for Employees engaged in sales activities. 17.2 Actual days to be worked and starting and finishing times are as required by Development Victoria in accordance with the requirements of the position and location of work. 17.3 An Employee, having been given reasonable notice, may be required to work at any Development Victoria workplace, consistent with the Employee's skills, competence and training. 17.4 Existing hours worked by Employees may be varied by agreement between the Employee and Development Victoria consistent with the need to balance the commercial and operational needs of Development Victoria, and the Employee's family and social responsibilities, and their work obligations. 17.5 Employees may request flexible working arrangements in accordance with the NES. Flexible work arrangements may include, but are not limited to flexible hours, job share, 48/52 and working from home. 18. OVERTIME 18.1 All time required to be worked by Development Victoria in excess of the ordinary hours of work as defined in 17.1, is overtime, for the purposes of this clause. 18.1.1 No overtime is to be worked unless prior authorisation has been given to the Employee by the Employee's manager. 18.2 An Employee whose position is classified in level 5, or who is undertaking higher duties in a position that is classified in level 5 shall not be eligible to receive payment for overtime worked. Page 18/45 OFFICIAL




 




18.3 Rate of pay for overtime is the minimum TRP level of an eligible Employee's position classification or the minimum TRP for level 3, whichever is the lesser. 18.4 Clauses 18.2 and 18.3 do not apply to employees that are employed in sales activities. 19. OVERTIME RATES OF PAY 19.1 Monday to Saturday Authorised overtime in excess of ordinary hours of work shall be paid at the rate of time and half for the first three (3) hours and then double time. 19.2 Sunday Authorised overtime worked shall be paid at double time. 19.3 Time off in lieu of payment for overtime 19.3.1 (a) Where an Employee has an entitlement to be paid for overtime the Employee may elect, with the consent of Development Victoria, to take time off in lieu of payment for the overtime at a time or times agreed with Development Victoria. No time off shall be granted in respect of any overtime for which payment has been made. 19.3.1 (b) Overtime taken as time off during ordinary hours shall be taken at the ordinary time rate, that is an hour for each hour worked. 19.3.1 (c) Development Victoria shall provide payment, at the rate provided for the payment of overtime in this Agreement, for any overtime worked under 19.3.1(a) where such time has not been taken off in lieu within four weeks of accrual. 20. OVERTIME MEAL ALLOWANCE An Employee who is required to work a period of overtime which: (a) immediately follows or immediately precedes a scheduled period of ordinary duty and is not less than two (2) hours; or (b) does not immediately follow or immediately precede a scheduled period of ordinary duty; and (i) includes a meal break of not less than twenty (20) minutes taken prior to the completion and not less than four hours after the commencement of the overtime; or (ii) where the taking of a meal break is precluded by reason of safety requirements, is not less than four hours; Page 19/45 OFFICIAL




 




shall be eligible to receive a meal allowance of $25.80 when Development Victoria does not provide a meal. This allowance shall be adjusted on the dates provided for in clause 12.2.3, and by the percentage wage increase, provided for in clause 12.2.3, rounded to the nearest 10 cents. 21. MEAL BREAKS 21.1 An unpaid meal break of not less than thirty (30) minutes shall be taken no later than five (5) hours after the commencement of work. 21.2 Where work on any day continues for two (2) hours or more, beyond the period of ordinary working hours, a second meal break of not less than twenty (20) minutes shall be taken. 21.3 Development Victoria may stagger the time of taking meal breaks to meet operational requirements. 22. ANNUAL LEAVE The provisions of this clause apply to full-time, and on a pro rata basis to regular part- time Employees employed on ongoing and fixed term basis but the provisions do not apply to casual Employees. 22.1 Leave entitlement An Employee shall be entitled to four (4) weeks' annual leave which accrues progressively during the year of service, according to the Employee's ordinary hours of work and accumulates from year to year 22.2 Public holidays An Employee's leave entitlement shall be in addition to any of the public holidays prescribed by this Agreement. 22.3 Leave to be taken 22.3.1 Employees are expected to take their leave. In circumstances where an Employee has accumulated more than eight (8) weeks of annual leave entitlements Development Victoria may direct the Employee to take leave in accordance with the provisions of the Act. 22.3.2 Excessive leave accruals: general provisions (a) An Employee has an excessive leave accrual if the Employee has accrued more than 8 weeks' paid annual leave or the equivalent pro- rated amount for part-time Employees. (b) If an Employee has an excessive leave accrual, Development Victoria or the Employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual. Page 20/45 OFFICIAL




 




(c) Clause 22.3.2(b) sets out how Development Victoria may direct an Employee who has an excessive leave accrual to take paid annual leave. (d) Clause 22.6.2 sets out how an Employee who has an excessive leave accrual may require an Development Victoria to grant paid annual leave requested by the Employee. 22.3.3 Excessive leave accruals: direction by Development Victoria that leave be taken (a) If Development Victoria has genuinely tried to reach agreement with an Employee under clause 22.3.2(b) but agreement is not reached (including because the Employee refuses to confer), Development Victoria may direct the Employee in writing to take one or more periods of paid annual leave. (b) However, a direction by the Development Victoria under paragraph 22.3.3(a): (i) is of no effect if it would result at any time in the Employee's remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.3.3 (being this clause) or otherwise agreed by Development Victoria and Employee) are taken into account; and (ii) must not require the Employee to take any period of paid annual leave of less than one week; and (iii) must not require the Employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and (iv) must not be inconsistent with any leave arrangement agreed by the Development Victoria and Employee. (c) The Employee must take paid annual leave in accordance with a direction under paragraph 22.3.3 (a). (d) An Employee to whom a direction has been given under paragraph 22.3.3 (a) may request to take a period of paid annual leave as if the direction had not been given. Paid annual leave arising from a request mentioned in paragraph 22.3.3(d) may result in the direction ceasing to have effect. 22.3.4 Excessive leave accruals: request by Employee for leave (a) If an Employee has genuinely tried to reach agreement with Development Victoria under clause 22.3.2(b) but agreement is not reached (including because Development Victoria refuses to confer), the Employee may give a written notice to Development Victoria requesting to take one or more periods of paid annual leave. Page 21/45 OFFICIAL




 




(b) However, an Employee may only give a notice to Development Victoria under paragraph (a) if: (i) the Employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and (ii) the Employee has not been given a direction under clause 22.3.3 that, when any other paid annual leave arrangements (whether made under clause 22.3.3 or otherwise agreed by the Development Victoria and Employee) are taken into account, would eliminate the Employee's excessive leave accrual. (c) A notice given by an Employee under paragraph (a) must not: (i) if granted, result in the Employee's remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.3.2 or otherwise agreed by the Development Victoria and Employee) are taken into account; or (ii) provide for the Employee to take any period of paid annual leave of less than one week; or (iii) provide for the Employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or (iv) be inconsistent with any leave arrangement agreed by Development Victoria and Employee. (d) An Employee is not entitled to request by a notice under paragraph (a) more than 4 weeks' paid annual leave in any period of 12 months. (e) Development Victoria must grant paid annual leave requested by a notice under paragraph (a). 22.4 Payment in lieu of annual leave An Employee is not entitled to receive payment in lieu of taking annual leave unless the payment is made on termination of the employment in accordance with clause 22.5 or in accordance with clause 22.6 22.5 Payment of leave on termination 22.5.1 Upon termination of employment, an Employee must be paid an amount in lieu of accrued leave as at the date of termination, in accordance with the Act. 22.5.2 In the case of the death of the Employee, the Employee's legal personal representative shall be paid an amount in respect of accrued leave in accordance with the provisions of the Act. Page 22/45 OFFICIAL




 




22.6 Annual Leave Cash Out The Employer and an Employee may agree to the Employee cashing out a maximum amount of 4 weeks accrued paid annual leave in a 12 month period provided that the following requirements are met: (a) the cashing out of accrued annual leave must be by agreement between Development Victoria and the Employee which must: (i) be in writing and retained as an employee record; (ii) state the amount of accrued leave to be cashed out and the payment to be made to the Employee; (iii) state the date on which the payment is to be made; and (iv) be signed by the Development Victoria and Employee and, if the Employee is under 18 years of age, the Employee's parent or guardian; (b) the Employee must be paid at least the full amount that would have been payable to the Employee had the Employee taken the leave at the time that it is cashed out; (c) annual leave must not be cashed out if the cashing out would result in the Employee's remaining accrued entitlement to annual leave being less than four weeks; (d) in the interest of employee health and wellbeing and in accordance with mutual obligations under the relevant Occupational Health & Safety legislation, Employees must take adequate breaks during the year for the purpose of rest and recuperation. The approval of any arrangements under this clause are subject to the Employee having physically taken a minimum of two weeks' annual leave in the previous 12 months together with an approved plan to take a further minimum two weeks' annual leave in the following 12 months. 22.7 Requirement to take Annual Leave Development Victoria may require an Employee to take paid Annual Leave in particular circumstances in accordance with the NES. Page 23/45 OFFICIAL




 




23 PERSONAL LEAVE The provisions of clauses 23.1 to 23.4 apply to full-time, and on a pro rata basis, part- time Employees employed on ongoing and fixed term but those provisions do not apply to casual Employees. The entitlements of casual Employees are set out in clause 23.5. 23.1 Amount of paid personal leave 23.1.1 Paid personal leave is available to an Employee when he or she is absent: · due to personal illness (including mental illness) or injury (sick leave); for the purpose of proactively managing their mental well-being on one single day per annum, regarded as a "ME day". The ME day requires prior agreement and are non-cumulative. for the purposes of providing caring or support to a member of the Employee's immediate family or household (as defined in the Act) who is ill or injured or because of an unexpected emergency (carer's leave); or for the purpose of attending prenatal appointments in accordance with clause 23.2.4. 23.1.2 An Employee shall be entitled to paid personal leave of: (a) Fifteen (15) days for each 12 months of service which accrues progressively according to the Employee's ordinary hours of work and unused paid personal leave accumulates from year to year 23.1.3 An Employee seeking to access paid or unpaid personal leave for the purpose of personal illness, prenatal appointments or carer's leave must notify Development Victoria as soon as reasonably practicable of their inability to attend for work. 23.2 Personal leave 23.2.1 A period of personal leave granted to an Employee with pay shall be regarded as the number of days the Employee would have been required to be on duty, if the Employee had not been absent on personal leave. 23.2.2 A public holiday observed during any period of personal leave of an Employee shall not be regarded as part of an Employee's leave. 23.2.3 For any period of personal leave exceeding two (2) days' continuous absence, an Employee shall provide evidence in the form of either a satisfactory certificate by a registered health practitioner or a statutory declaration stating that the Employee is unfit for work during the period because of a personal illness or injury. Page 24/45 OFFICIAL




 




23.2.3 (a) Provided that in respect of an absence of two (2) days or less, the Employee may be required by Development Victoria at its discretion to provide such evidence. 23.2.3 (b) If the number of days during which an Employee is absent in any one (1) year of service without evidence in the form of either a certificate issued by a registered medical practitioner or a statutory declaration, exceeds five (5) days in the aggregate, the Employee shall provide such evidence, for all subsequent days of absence. The exception to this requirement is where an Employee is granted a ME day. 23.2.3 (c) In a special case where a health practitioner or a person before whom a statutory declaration may be made is not practicably available to an Employee, Development Victoria may accept a certified statement, as to the circumstances of the absence, from an Employee, in a form approved by Development Victoria for the purpose, having regard to his or her knowledge of the circumstances. 23.2.4 An Employee may access accrued personal leave entitlements for the purpose of attending prenatal appointments for their own pregnancy or that of their spouse or de facto partner. 23.2.5 Where an Employee has exhausted his/her entitlement to paid personal leave, the Employee is entitled to take two (2) days or other period as agreed with Development Victoria, unpaid personal leave, as carer's leave on each permissible occasion. 23.2.6 For any period of carer's leave evidence requirements will be the same as subclause 23.2.3, 23.2.3(a), 23.2.3(b) and 23.2.3(c). 23.3 Alternatives to unpaid carer's leave 23.3.1 Annual leave 23.3.1 (a) Despite the provisions of clause 23.2, an Employee who has exhausted his/her entitlement to paid personal leave may elect, with the consent of Development Victoria, to take annual leave in single day periods not exceeding five days in any calendar year at a time or times agreed between them in lieu of unpaid carer's leave 23.3.1 (b) Access to annual leave, as prescribed in clause 23.3.1(a), shall be exclusive of any shutdown period provided for elsewhere under this Agreement. 23.3.2 Time off in lieu of payment for overtime 23.3.2 (a) Despite the provisions of clause 23.2, an Employee who has exhausted his/her entitlement to paid personal leave may elect, with the consent of Development Victoria, to take time Page 25/45 OFFICIAL




 




off in lieu of payment for overtime, in lieu of unpaid carer's leave. 23.3.2 (b) Overtime taken as time off shall be taken at the ordinary time rate - that is an hour for each hour worked. 23.3.3 Make-up time Despite the provisions of clause 23.2, an Employee who has exhausted his/her entitlement to paid personal leave may elect, with the consent of Development Victoria, to work 'make-up time', under which the Employee takes time off during ordinary hours and works those hours at a later time, during the spread of ordinary hours provided for in this Agreement, in lieu of unpaid carer's leave. 23.4 Compassionate Leave 23.4.1 Paid compassionate leave is available to full-time and on a pro rata basis to part-time Employees, employed on ongoing or fixed term where a member of the Employee's immediate family or household, as defined in the Act, . contracts a personal illness or sustains a serious injury that poses a serious threat to his / her life; or dies 23.4.2 Employees are entitled to up to three (3) days paid compassionate leave on each permissible occasion. 23.4.3 Employees taking compassionate leave may be required to provide evidence relating to the reason for the leave on each occasion. 23.5 Casual employment - caring responsibilities and compassionate leave 23.5.1 A casual Employee is entitled to not be available to attend work, or to leave work: . if they need to care for members of their immediate family or household as defined in the Act who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or if a member of the Employee's immediate family or household, as defined in the Act: contracts or develops a personal illness or sustains a serious injury that poses a serious threat to his/her life; or . dies 23.5.2 Development Victoria and the casual Employee shall agree on the period for which the Employee will be entitled to not be available to attend work. In the absence of agreement, the Employee is entitled to not be available to Page 26/45 OFFICIAL




 




attend work for up to 48 hours (i.e. two (2) days) per occasion. The Employee is not entitled to any payment for the period of non-attendance taken under clause 23.5.1. 23.5.3 For any absence from work taken under clause 23.5.1 a casual Employee shall provide evidence in the form of either a satisfactory certificate by a registered health practitioner or a statutory declaration. 23.5.4 Development Victoria must not fail to re-engage a casual Employee because the Employee accesses the entitlements provided for in this clause. The rights of Development Victoria to engage or not to engage a casual Employee are otherwise not affected. 23.6 Special sick leave 23.6.1 Physical and mental health 23.6.1.1 Development Victoria may require an Employee to be examined by and to obtain and provide a report as to his or her condition from, a duly qualified medical practitioner, including where Development Victoria has reason to believe that an Employee is in such a state of physical or mental health as to render such Employee a danger to himself or herself, or to other Employees. This clause does not limit Development Victoria's rights to request a medical report. 23.6.1.2 Upon receipt of the medical report, Development Victoria may direct the Employee to be absent from duty for a specified period or, if the Employee is already on leave of absence, direct the Employee to continue on leave for a specified period, and the absence of the Employee shall be regarded as absence on leave owing to illness. 23.6.2 Family violence leave 23.6.2.1 Family Violence General Principle Development Victoria recognises that Employees sometimes face situations of violence or abuse in their personal life that may affect their attendance or performance at work. Therefore, Development Victoria is committed to providing support to staff that experience family violence. Leave for family violence purposes is available to Employees who are experiencing family violence and also to allow them to be absent from the workplace to attend counselling appointments, legal proceedings and other activities related to, and as a consequence of, family violence. Page 27/45 OFFICIAL




 




23.6.2.2 Definition of Family Violence Family violence includes physical, sexual, financial, verbal or emotional abuse by a family member as defined by the Family Violence Protection Act 2008 (Vic). 23.6.2.3 Eligibility Leave for family violence purposes is available to all Employees with the exception of casual Employees. Casual Employees are entitled to access leave without pay for family violence purposes 23.6.2.4 General Measures Evidence of family violence may be required and can be in the form an agreed document issued by the Police Service, a Court, a registered health practitioner, a Family Violence Support Service, district nurse, maternal and health care nurse or Lawyer. A signed statutory declaration can also be offered as evidence. All personal information concerning family violence will be kept confidential in line with Development Victoria's policies and relevant legislation. No information will be kept on an Employee's personnel file without their express written permission. Nothing in clause 23.6.2.4 prevents Development Victoria from disclosing information provided by an Employee if the disclosure is required by an Australian law or is necessary to protect the life, health or safety of the Employee or another person. Development Victoria will identify contact/s within the workplace who will be trained in family violence and associated privacy issues and will advertise the name of any Family Violence contacts within the workplace. An Employee experiencing family violence may raise the issue with their immediate supervisor, Family Violence contacts, or nominated Human Resources contact. The immediate supervisor may seek advice from Human Resources if the Employee chooses not to see the Human Resources or Family Violence contact. Where requested by an Employee, the Human Resources contact will liaise with the Employee's manager on the Employee's behalf, and will make a recommendation on the most appropriate form of support to provide in accordance with clause 23.6.2.6. Page 28/45 OFFICIAL




 




23.6.2.5 Leave An Employee experiencing family violence will have access to 20 days per year of paid special leave following an even of family violence and for related purposes such as medical appointments, legal proceedings and other activities related to family violence (this leave is not cumulative but if the leave is exhausted consideration will be given to providing additional leave). This leave will be in addition to existing leave entitlements and may be taken as consecutive or single days or as a fraction of a day. An Employee must give Development Victoria notice of the taking of leave by the employee. The notice: (i) must be given to Development Victoria as soon as practicable (which may be a time after the leave has started); and (ii) must advise Development Victoria of the period, or expected period, of the leave. 23.6.2.6 Individual Support In order to provide support to an Employee experiencing family violence and to provide a safe work environment to all Employees, Development Victoria will approve any reasonable request from an Employee experiencing family violence for: (i) temporary or ongoing changes to their span of hours or pattern or hours and/or shift patterns; (ii) temporary or ongoing job redesign or changes to duties; (iii) temporary or ongoing relocation to suitable employment; (iv) a change to their telephone number or email address to avoid harassing contact; (v) any other appropriate measure including those available under existing provisions for family friendly and flexible work arrangements. Any changes to an Employee's role should be reviewed at agreed periods. When an employee is no longer experiencing family violence, the terms and conditions of employment may revert back to the terms and conditions applicable to the Employee's substantive position. An Employee experiencing family violence will be offered access to the Employee Assistance Program (EAP) and/or other available local employee support resources. The EAP shall include professionals trained specifically in family violence. Page 29/45 OFFICIAL




 




An Employee that discloses that they are experiencing family violence will be given information regarding current support services. 24. LONG SERVICE LEAVE 24.1 24.1.1 An Employee, (including a casual Employee whose employment is to be regarded as continuous for the purpose of the Long Service Leave Act 2018 (Vic) (LSL Act 2018)) who has completed seven (7) years' continuous employment (within the meaning of the LSL Act 2018) shall be entitled to an amount of long service leave with pay equal to 1/40th of the employee's total period of continuous employment (less any period of long service leave taken during that period). Eg Period of Service Entitlement of Long service Leave (assuming none taken) 7 years 9.1 weeks 10 years 13 weeks / 3 months 15 years 19.5 weeks / 4.5 months 24.1.2 Development Victoria may agree to allow an Employee to take a period of long service leave before they have become entitled to the long service leave pursuant to the LSL Act 2018. If this occurs and the Employee takes such a period of leave, the Employee is not entitled to any further long service leave (or payment in lieu of it) for the period of employment in respect of which the long service leave was taken. If this occurs and the Employee's employment ends, Development Victoria may deduct an amount from the Employee's pay pursuant to the LSL Act 2018 and in accordance with the Financial Management Act 1994. 24.1.3 If an Employee dies before taking all the long service leave they are entitled to, Development Victoria must pay to the Employee's personal representative the full amount of the long service leave entitlement still owing. 24.1.4 If an Employee's employment ends (other than because of the Employee's death) before taking all the long service leave they are entitled to, Development Victoria must pay to the Employee the full amount of the Employee's outstanding long service leave entitlement in accordance with the LSL Act 2018. 24.1.5 If a public holiday occurs (or an Employee takes annual leave) during the period of long service leave that day shall not be regarded as part of the long service leave and Development Victoria shall grant the Employee a day off in lieu. Page 30/45 OFFICIAL




 




24.2 Calculation of the period of service 24.2.1 An Employee's period of continuous employment will be calculated in accordance with the LSL Act 2018. 24.3 Taking of long service leave Long service leave shall be taken at times which are convenient to Development Victoria's needs but as far as is practicable the wishes of the Employee shall be considered when fixing the time for taking of leave. 24.4 Payment of long service leave 24.4.1 Long service leave shall be paid at the Employee's TRP. However, if the length of service prescribed in this sub clause includes periods of less than full-time service, calculation and payment in respect of such periods of service shall be on a pro rata basis. 24.4.2 At the request of the Employee, and subject to the agreement of Development Victoria the whole or part of long service leave may be taken at half pay for a period equal to twice the whole or part of the period. 24.4.3 Payments in respect of long service leave shall be payable monthly, except that on request of the Employee, Development Victoria may agree to pay the amounts to be paid during the leave as a lump sum at the commencement of the leave. 24.4.4 Payment to an Employee during long service leave shall be adjusted to include any variation to the Employee's TRP which occurs during the leave period. Page 31/45 OFFICIAL




 




25. PARENTAL LEAVE 25.1 Application 25.1.1 Full time ongoing, part time ongoing, fixed term and Eligible Casual Employees are entitled to parental leave under this clause if: 25.1.1 (a) the leave is associated with: the birth of a child of the Employee or the Employee's . Spouse; or . the placement of a child with the Employee for adoption; and 25.1.1 (b) the Employee has or will have a responsibility for the care of the child. 25.2 Definitions For the purposes of this clause 25: Eligible Casual Employee means a casual Employee: employed by Development Victoria on a regular and systematic basis for a continuing period or sequence of periods of employment during a period of at least twelve months; and Continuous Service is work for Development Victoria on a regular and systematic basis (including any period of authorised leave). Child means: . in relation to birth-related leave, a child (or children from a multiple birth) of the Employee or the Employee's Spouse; in relation to adoption-related leave, a child (or children) who will be placed with an Employee, and: o who is or will be under 16 as at the day of placement, or the expected day of placement; O has not, or will not have, lived continuously with the Employee for a period of 6 months or more as at the day of placement, or the expected day of placement; and is not (otherwise than because of the adoption) a child of the Employee or the Employee's spouse. Primary Caregiver means the person who is the primary carer of a newborn. The primary carer is the person who meets the Child's physical needs more than anyone else. Only one person can be a Child's primary carer on a particular day. In most cases the Primary Caregiver will be the birth mother of a newborn. Secondary Caregiver means a person who has parental responsibility for the Child but is not the Primary Caregiver Page 32/45 OFFICIAL




 




Spouse includes a de facto spouse, former spouse or former de facto spouse. The Employee's de facto spouse means a person who lives with the Employee as husband, wife or same sex partner on a bona fide domestic basis, whether or not legally married to the Employee. 25.3 Summary of Parental Leave Entitlements Primary Caregiver Paid Unpaid Tota More than 12 14 weeks (maybe Up to 38 weeks 52 weeks months service paid at 28 weeks half pay) Less than 12 months 0 Up to 52 weeks 52 weeks service Eligible casual 0 Up to 52 weeks 52 weeks Employee Adoption leave 6 weeks Up to 46 weeks 52 weeks Secondary Caregiver More than 12 | 4 weeks Up to 48 weeks 52 weeks months service Less than 12 months 0 Up to 52 weeks 52 weeks service Eligible casual 0 Up to 52 weeks 52 weeks Employee 25.4 Parental leave - Primary Caregiver 25.4.1 An Employee who has, or will have, completed at least twelve months paid Continuous Service and who will be the Primary Caregiver at the time of the birth of their Child, is entitled to up to 52 weeks parental leave, comprising: 25.4.1 (a) 14 weeks paid parental leave; and; 25.4.1 (b) up to 38 weeks unpaid parental leave. 25.4.2 After 12 months continuous service, an Employee who is the primary carer for a child who is adopted, is entitled to paid leave of a continuous period of 6 weeks' adoption leave to be taken within the period of the Employee's unpaid parental leave. 25.4.3 An Employee who will be the Primary Caregiver but has not completed at least twelve months paid Continuous Service at the time of the birth or adoption is entitled to up to 52 weeks unpaid parental leave. 25.4.4 An Eligible Casual Employee who will be the Primary Caregiver at the time of the birth or adoption is entitled to up to 52 weeks unpaid parental leave. Page 33/45 OFFICIAL




 




25.4.5 Only one parent can receive Primary Caregiver parental leave entitlements in respect to the birth of their Child. An Employee cannot receive Primary Caregiver parental leave entitlements: 25.4.5 (a) if their Spouse is, or will be, the Primary Caregiver at the time of the birth of their Child; 25.4.5 (b) if their Spouse has received, or will receive, paid maternity leave, primary caregiver entitlements, or a similar 25.4.5 (c) entitlement; or if the Employee has received, or will receive, Secondary Caregiver parental leave entitlements in relation to their Child. 25.4.6 A period of parental leave taken in accordance with this clause 25 must be for a single continuous period. 25.5 Parental leave - Secondary Caregiver 25.5.1 An Employee who has, or will have, completed at least twelve months paid Continuous Service and who will be the Secondary Caregiver at the time of the birth or adoption of their Child, is entitled to up to 52 weeks parental leave, comprising: 25.5.1 (a) 4 weeks paid parental leave generally to be taken within three months of the birth of the child; and 25.5.1 (b) up to 48 weeks unpaid parental leave. 25.5.3 An Employee who will be the Secondary Caregiver but has not completed at least twelve months paid Continuous Service at the time of the birth or adoption, is entitled to up to 52 weeks unpaid parental leave. 25.5.3 An Eligible Casual Employee who will be the Secondary Caregiver at the time of the birth or adoption of their Child is entitled to up to 52 weeks unpaid parental leave. 25.5.4 Only one parent can receive Secondary Caregiver parental leave entitlements in respect to the birth or adoption of their Child. 25.5.5 An Employee cannot receive Secondary Caregiver parental leave entitlements where the Employee has received Primary Caregiver parental leave entitlements in relation to their Child. 25.6 Notice of primary caregiver parental leave 25.6.1 An Employee must provide notice to Development Victoria in advance of the expected date of commencement of parental leave. The notice requirements are: 25.6.1(a) of the expected date of birth (included in a certificate from a registered medical practitioner stating that the Employee is pregnant) - at least ten (10) weeks' notice; Page 34/45 OFFICIAL




 




25.6.1(b) of the date on which the Employee proposes to commence primary caregiver parental leave and the period of leave to be taken - at least four weeks' notice. 25.6.2 When the Employee gives notice under clause 25.6.1 the Employee must also provide a statutory declaration stating particulars of any period of secondary caregiver leave sought or taken by the spouse and that for the period of primary caregiver leave she/he will not engage in any conduct inconsistent with their contract of employment. 25.6.3 An Employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by the birth of the child occurring earlier than the presumed date. 25.6.4 Subject to 25.4 and unless agreed otherwise between Development Victoria and Employee, an Employee may commence parental leave at any time within six (6) weeks immediately prior to the expected date of birth. 25.6.5 Where an Employee continues to work within the six (6) week period immediately prior to the expected date of birth of the child or is on paid leave under 25.13.2, Development Victoria may require the Employee to provide a medical certificate stating whether she is fit to work on her normal duties. the Employee: Development Victoria may require the Employee to start parental leave if 25.6.5 (a) does not give Development Victoria the requested certificate within seven (7) days after the request; or, 25.6.5 (b) within seven (7) days after the request for the certificate, gives Development Victoria a medical certificate stating that the Employee is unfit to work. 25.7 Sick Leave and special parental leave 25.7.1 (a) Where the pregnancy of an Employee not then on parental leave terminates other than by the birth of a living child, the Employee may take leave for such periods as a registered medical practitioner certifies as necessary, as follows: 25.7.1 (a) (i) Where the pregnancy terminates during the first twenty (20) weeks, during the certified period/s the Employee is entitled to access any paid and/or unpaid sick leave entitlements in accordance with the relevant personal leave provisions; 25.7.1 (a) (ii) Where the pregnancy terminates after the completion of twenty (20) weeks, during the certified period/s the Employee is entitled to paid special parental leave not exceeding the amount of paid parental leave available under 25.4.1, and thereafter, to unpaid special parental leave. Page 35/45 OFFICIAL




 




25.7.1 (b) Where an Employee not then on parental leave is suffering from an illness whether related or not to pregnancy that Employee may take any paid sick leave to which she is entitled and/or unpaid sick leave in accordance with the Act. 25.7.2 Where leave is granted under 25.6.4 hereof, during the period of leave an Employee may return to work at any time, as agreed between Development Victoria and the Employee provided that time does not exceed four (4) weeks from the recommencement date desired by the Employee. 25.8 Notice of Secondary Caregiver Parental leave 25.8.1 An Employee will provide Development Victoria at least ten (10) weeks prior to each proposed period of secondary caregiver parental leave, with: 25.8.1 (a) a certificate from a registered medical practitioner which names his or her spouse, states that she is pregnant and the expected dated of birth, or states the date on which the birth took place; and 25.8.1 (b) written notification of the dates on which he or she proposes to start and finish the period of secondary caregiver parental leave; and 25.8.1 (c) a statutory declaration stating: 25.8.1 (c) (i) except in relation to leave taken simultaneously with the child's mother under clause 25.4.1 or clause 25.10.1(a), that he or she will take the period of secondary caregiver parental leave to become the primary care- giver of a child; 25.8.1 (c) (ii) particulars of any period of primary caregiver parental leave sought or taken by his or her spouse; and 25.8.1 (c) (iii) that for the period of secondary caregiver leave he or she will not engage in any conduct inconsistent with his or her contract of employment. 25.8.2 The Employee will not be in breach of 25.8.1 hereof if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances. 25.9 Notice of Adoption leave 25.9.1 The Employee shall be required to provide Development Victoria with written notice of their intention to apply for adoption leave as soon as is reasonably practicable after receiving a placement approval notice from an adoption agency or other appropriate body. Page 36/45 OFFICIAL




 




25.9.2 The Employee must give written notice of the day when the placement with the Employee is expected to start as soon as possible after receiving a placement notice indicating the expected placement day. 25.9.3 The Employee must give the following written notice of the first and last days of any period of adoption leave they intend to apply for because of the placement: 25.9.3 (a) Where a placement notice is received within the period of eight (8) weeks after receiving the placement approval notice - before the end of that eight (8) week period; or 25.9.3 (b) Where a placement notice is received after the end of the period of eight (8) weeks after receiving the placement approval notice - as soon as reasonably practicable after receiving the placement notice. 25.9.4 The Employee must make application for leave to Development Victoria at least ten (10) weeks in advance of the date of commencement of long adoption leave and the period of leave to be taken, or fourteen (14) days in advance for short adoption leave. An Employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the Employee, the adoption of a child takes place earlier. 25.9.5 Before commencing adoption leave, an Employee will provide Development Victoria with a statement from an adoption agency of the day when the placement is expected to start and a statutory declaration stating: 25.9.5 (a) that the child is an eligible child, whether the Employee is taking short or long adoption leave or both and the particulars of any other authorised leave to be taken because of the placement; 25.9.5 (b) except in relation to leave taken concurrently with the child's other adoptive parent under clause 25.4.1 or clause 25.10.1(a), that the Employee is seeking adoption leave to become the primary care-giver of the child; 25.9.5 (c) particulars of any period of adoption leave sought or taken by the Employee's spouse/partner; and 25.9.5 (d) that for the period of adoption leave the Employee will not engage in any conduct inconsistent with their contract of employment. 25.9.6 An Employee must provide Development Victoria with confirmation from the adoption agency of the start of the placement. 25.9.7 Where the placement of child for adoption with an Employee does not proceed or continue, the Employee will notify Development Victoria immediately and Development Victoria will nominate a time not exceeding four (4) weeks from receipt of notification for the Employee's return to work. Page 37/45 OFFICIAL




 




25.9.8 An Employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse/partner, or other compelling circumstances. 25.9.9 An Employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The Employee and Development Victoria should agree on the length of the unpaid leave. Where agreement cannot be reached, the Employee is entitled to take up to two (2) days unpaid leave. Where paid leave is available to the Employee, Development Victoria may require the Employee to take such leave instead. 25.10 Right to request 25.10.1 An Employee entitled to parental leave pursuant to the provisions of clause 25.4.1 may request Development Victoria to allow the Employee: 25.10.1 (a) to extend the period of concurrent unpaid secondary caregiver leave leave provided for in clause 25.4 up to a maximum of eight weeks; 25.10.1 (b) to extend the period of unpaid parental leave provided for in clause 25.4.1 by a further continuous period of leave not exceeding twelve (12) months; 25.10.1 (c) to return from a period of parental leave on a part-time basis until the child reaches school age; to assist the Employee in reconciling work and parental responsibilities. 25.10.2 Development Victoria shall consider the request having regard to the Employee's circumstances and, provided the request is genuinely based on the Employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or Development Victoria's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service. 25.10.3 Employee's request and Development Victoria's decision to be in writing The Employee's request and Development Victoria's decision made under clauses 25.10.1(a), 25.10.1(b) and 25.10.1(c) must be recorded in writing. 25.10.4 Request to return to work part-time Where an Employee wishes to make a request under clause 25.10.1(c), such a request must generally be made as soon as possible but no less than seven (7) weeks prior to the date upon which the Employee is due to return to work from parental leave. Page 38/45 OFFICIAL




 




25.11 Variation of period of parental leave Unless agreed otherwise between Development Victoria and Employee, an Employee may apply to vary the period of parental leave as follows: 25.11 (a) Where an Employee takes leave under clause 25.4.1, but takes a period less than their full entitlement, the Employee may extend the period of unpaid parental leave by notifying Development Victoria in writing at least four (4) weeks and preferably seven (7) weeks, prior to the commencement of the changed arrangements; 25.11 (b) Where an Employee takes leave under clause 25.10.1(b), the Employee may apply to extend the period of unpaid parental leave by submitting a written request to Development Victoria at least four (4) weeks and preferably seven (7) weeks, before the Employee's parental leave is due to end; 25.11 (c) Where an Employee takes leave under clauses 25.4.1 or 25.10.1(b) and wishes to reduce the amount of leave to be taken, the Employee may apply to vary the period of unpaid parental leave by submitting a written request to Development Victoria in writing as soon as possible, and at least seven (7) weeks before the Employee's revised parental leave is due to end. 25.12 Parental leave and other entitlements An Employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding fifty two (52) weeks or a longer period as agreed under clause 25.6. 25.13 Transfer to a safe job 25.13.1 Where an Employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the Employee make it inadvisable for the Employee to continue at her present work, the Employee will, if there is an appropriate safe job available, be transferred to a safe job with no other change to the Employee's terms and conditions of employment until the commencement of maternity leave. 25.13.2 If there is no appropriate safe job available, the Employee may take paid leave, or Development Victoria may require the Employee to take paid leave immediately for a period which ends at the earliest of either: 25.13.2 (a) when the Employee is certified unfit to work during the six (6) week period before the expected date of birth by a registered medical practitioner; or Page 39/45 OFFICIAL




 




25.13.2(b) when the Employee's pregnancy results in the birth of a living child or when the employee's pregnancy ends otherwise than with the birth of a living child. The entitlement to leave is in addition to any other leave entitlement the Employee has. 25.14 Returning to work after a period of parental leave 25.14.1 An Employee will notify of their intention to return to work after a period of parental leave at least four (4) weeks prior to the expiration of the leave. 25.14.2 Subject to clause 25.14.3, an Employee will be entitled to the position which they held immediately before taking parental leave. In the case of an Employee transferred to a safe job pursuant to clause 25.12 hereof, the Employee will be entitled to return to the position they held immediately before such transfer. 25.14.3 Where the position an Employee held prior to taking parental leave no longer exists but there are other positions available which the Employee is qualified for and is capable of performing, the Employee will be entitled to a position suited nearest in status and pay to that of their former position. 25.15 Replacement employees 25.15.1 A replacement Employee is an Employee specifically engaged or temporarily promoted or transferred, as a result of an Employee taking parental leave. 25.15.2 Before Development Victoria engages a replacement Employee, Development Victoria must inform that person of the temporary nature of the employment and of the rights of the Employee who is being replaced to return to their position at the conclusion of their parental leave. 25.16 Leave accrual 25.16.1 Leave granted under this clause shall be included as service for the purpose of sick, annual and long service leave. Provided that the maximum period to count as service for the purposes of: annual leave is twenty six (26) weeks; and . long service leave is the period of leave with pay. 25.17 Communication during Parental leave 25.17.1 Where an Employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, Development Victoria shall take reasonable steps to: 25.17.1 (a) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the Employee held before commencing parental leave; and Page 40/45 OFFICIAL




 




25.17.1 (b) provide an opportunity for the Employee to discuss any significant effect the change will have on the status or responsibility level of the position the Employee held before commencing parental leave. 25.17.2 The Employee shall take reasonable steps to inform Development Victoria about any significant matter that will affect the Employee's decision regarding the duration of parental leave to be taken, whether the Employee intends to return to work and whether the Employee intends to request to return to work on a part-time basis. 25.17.3 The Employee shall also notify Development Victoria of changes of address or other contact details which might affect Development Victoria's capacity to comply with clause 25.17.1. 25.18 Taking primary caregiver parental leave at half pay An Employee who is the primary caregiver may elect to take any paid parental leave at half pay for a period equal to twice the period to which the Employee would otherwise be entitled. 25.19 Commonwealth Paid Parental Leave Paid Parental leave entitlements outlined in this clause are in additional to any payments which may be available under the Commonwealth Paid Parental Leave Scheme. 26. COMMUNITY SERVICE LEAVE 26.1 Community service leave is provided in accordance with the NES. 26.2 Employees engaging in an Eligible Community Service activity shall be entitled to be absent from work on community service leave. An Eligible Community Service activity is defined in the NES and includes voluntary emergency service work and jury duty. 26.3 Community service leave is unpaid leave, with the exception of jury duty, which in the case of Employees (other than Casual Employees), is paid leave. 26.4 Jury duty/court attendance leave 26.4.1 An Employee required under the Juries Act 2000 (Vic) to appear and serve as a juror in any court shall be entitled to be granted leave with pay for the period of required attendance at court and shall not be required to pay Development Victoria any fees received from the court for serving as a juror. 26.4.2 An Employee summonsed to attend as a witness before the FWC with respect to any matters pertaining to this Agreement, shall be granted leave without loss of pay for the period of required attendance. 26.4.3 An Employee summonsed to appear in court as a crown witness, or required and/or granted leave to attend in an official capacity, as a consequence of or in connection with his or her employment, to give evidence or to produce papers in any court, shall be granted leave without loss of pay for the period of required attendance. Fees received for the performance of official duty shall be paid to Development Victoria. Page 41/45 OFFICIAL




 




26.4.4 To obtain approval for leave under this sub clause, a leave application must be supported by a notification that the Employee is summonsed to attend. 26.4.5 Leave granted under this clause shall be included as service for the purpose of annual leave, sick leave and long service leave. 27 ABORIGINAL AND TORRES STRAIT ISLANDER CULTURAL AND CEREMONIAL LEAVE 27.1 An Employee of Aboriginal or Torres Strait Islander descent is entitled to one day of paid leave per year to participate in National Aboriginal and Islander Day Observance Committee (NAIDOC) week activities and events. NAIDOC week leave will not accrue from year to year and will not be paid out on termination of the employment of the Employee. 27.2 Leave to attend Aboriginal community meetings (a) The Employer may approve attendance during working hours by an Employee of Aboriginal or Torres Strait Islander descent at any Aboriginal community meeting, except the Annual General Meetings of Aboriginal community organisations at which the election of office bearers will occur. 27.3 Leave to attend Annual General Meetings of Aboriginal community organizations. (a) The Employer may grant an Employee of Aboriginal or Torres Strait Islander descent accrued annual leave or other leave to attend Annual General Meetings of Aboriginal community organisations at which the election of office bearers will occur. 27.3 Ceremonial Leave 27.3.1 Ceremonial leave may be granted to an employee of Aboriginal or Torres Strait Islander descent for ceremonial purposes if: (a) Connected with the death of a member of the immediate family or extended family (provided that no Employee shall have an existing entitlement reduced as a result of this clause); or (b) For other ceremonial obligations under Aboriginal and Torres Strait slander lore. 27.3.2 Where ceremonial leave is taken for the purposes outlined in this clause, up to three days in each year of employment will be with pay. Paid ceremonial leave will not accrue from year to year and will not be paid out on termination of the employment of the Employee. 27.3.3 Ceremonial leave granted under this clause is in addition to compassionate leave granted under clause 23.4. Page 42/45 OFFICIAL




 




28. PUBLIC HOLIDAYS 28.1 An Employee, other than a casual Employee, shall be entitled to the following holidays without loss of pay: . New Year's Day; Australia Day; Labour Day; Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queens' Birthday; Melbourne Cup Day or local equivalent; Christmas Day; and Boxing Day. 28.2 When in the whole or part of the State of Victoria additional or substituted public holidays are declared or prescribed on days other than those set out in clause 28.1, those days shall constitute additional or substituted holidays for the purpose of this Agreement for employees who have their place of principal employment in a municipality to which the additional or substituted public holiday applies. 28.3 If, under a Victorian law, a day or a part day is substituted for a day or part-day that would otherwise be a public holiday set down in clause 28.1, then the substituted day or part day is the public holiday. 28.4 All time worked on public holidays shall be paid at double time and a half. 28.5 Employees engaged in sales activities that are required to work on a public holiday will be receive a minimum payment for three hours work. 29. EXCESS TRAVELLING TIME 29.1 An Employee who is directed to work temporarily at a location other than his/her normal place of employment, subject to clause 29.2: · may be granted time off during normal hours of duty in respect of any period of excess travelling time so incurred, or . shall be reimbursed at the Employee's TRP (calculated to the nearest quarter hour) for time reasonably spent in travelling to and from the place of residence and the designated place of work outside normal working hours (in excess of the time normally spent in travelling from the place of residence to the usual place of work and return) and if the excess travelling time exceeds thirty (30) minutes daily. 29.2 An Employee whose position is classified in Level 4 (four) or above, or who is undertaking higher duties in a position that is classified in Level 4 (four) or above is not entitled to payment or time in lieu for excess travelling time. Page 43/45 OFFICIAL




 




30. TRAVEL, ACCOMMODATION EXPENSES Where Development Victoria requires an Employee in the course of duties to be absent overnight or for part of the day, the Employee shall be reimbursed for reasonable travelling, accommodation and other incidental expenses in accordance with the Development Victoria Travel policy as in force from time to time. 31. USE OF PRIVATE MOTOR VEHICLE 31.1 An Employee who by prior agreement with Development Victoria uses his/her own private vehicle in the course of his/her duties shall be paid an allowance depending on the capacity of the vehicle engine, in accordance with the Australian Taxation Office 'rate per business kilometre', as determined from time to time. 31.2 An allowance shall not be payable in respect of travelling in excess of 16,000km in any financial year unless the prior approval of Development Victoria has been obtained for such travelling. Page 44/45 OFFICIAL




 




SIGNATORIES SIGNED for and on behalf of DEVELOPMENT VICTORIA by: Name Caroline Monzon ····· Angela Skändarajah Witnessed by Position Chief Executive Officer Witness signature: Address Level 9, 8 Exhibition Street, Address c/o Level 9, 8 Exhibition St Melbourne 3000 . Melbourne 3000 85 Signature 15/10/2019 Date SIGNED for and on behalf of CPSU by: KAREN BATT Wayne Townsend Name Witnessed by Position VICTORIAN BRANCH WC Townsend SECRETARY Witness signature: Address Level 4, 128 EXHIBITION ST. Melk Address Klaren Bad Signature 22/10/19 Date SIGNED by SCOTT POSTMA Witnessed by Name CLAIRE VICKERY Position DEVELOPMENT MANAGER Witness signature: Address Level 9, 8 Exhibition Street, Address 0 Level 9, 8Exhibition. Melbourne 3000 Melbourne 3000 Signature Date 22/10/2019 as a representative of the Employees covered by the agreement. Page 45/45 OFFICIAL




 




12 November 2019 Dear Deputy President Masson Development Victoria Enterprise Agreement 2019 (AG2019/4006) Written undertaking under section 190 of the Fair Work Act 2009 I, Claire Vickery, Human Resources Business Partner for Development Victoria give the following undertaking in relation to the Development Victoria Enterprise Agreement 2019: 1. I have the authority given to be by Development Victoria to provide this undertaking in relation to the application before the Fair Work Commission. 2. In relation to the question raised of the applicable weekend penalty rate associated with ordinary hours of work performed by Sales employees as identified in sub-clause 17.1.2. Development Victoria undertakes to apply the following sub-clauses: 17.1.2 (a) In relation to those sales employees classified in either Level 1 or Level 2: (i) The ordinary time worked between midnight on Friday and midnight on Saturday is paid at time and a half the rate as identified for the appropriate level in sub-clause 12.2.4. (ii) The ordinary time worked between midnight Saturday and midnight on Sunday is paid at double time the rate as identified for the appropriate level in sub-clause 12.2.4. 3. In relation to clarification of the ordinary hours for part-time employees as it related to overtime in Clause 18.1. Development Victoria undertakes to include an additional sentence at the end of Sub Clause 11.1.2 (a): The agreed number of hours will form the employee's ordinary hours. Further to this, Clause 18.1 would be altered to read: Clause 18.1 - All overtime required to be worked by Development Victoria in excess of either the ordinary hours of work, as defined in 17.1 or the agreed hours as per 11.1.2 (a), is overtime, for the purposes of this clause. Claire Vickery Human Resources Business Partner DEVELOPMENT VICTORIA VICTORIA Government

Cases cited by this decision: