Visit Victoria Enterprise Agreement 2019

1

Fair Work Act 2009 
s.185—Enterprise agreement

Visit Victoria
(AG2019/3748)

VISIT VICTORIA ENTERPRISE AGREEMENT 2019

State and Territory government administration

COMMISSIONER WILSON MELBOURNE, 7 JANUARY 2020

Application for approval of the Visit Victoria Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the 
Visit 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 Visit Victoria. 
The Agreement is a single enterprise agreement.  The Agreement covers Visit Victoria and 
Melbourne Convention Bureau as single interest employers under s.172(5) of the Act.

[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 CPSU, the Community and Public Sector Union 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.

[2020] FWCA 72

DECISION
FairWork 

Commission 


AUSTRALIA FairWork Commission




 



[2020] FWCA 72

2

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
14 January 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

AE506685  PR715753


OF THE FAIR WORK C AUSTRALIA MMISSION THE SEAL




 



[2020] FWCA 72

3

Annexure A

IN THE FAIR WORK COMMISSION 
FWC Matter Number: AG2019/3748 

Applicant: Visit Victoria 

Visit Victoria 
Collins Square 
Tower Two 
Level 28, 727 Collins Street 
Melbourne VIC 3008 

Tel +61 3 9002 2222 

~ @visitvictorio 

ABN 37 611 725 270 

Undertaking Section 190 
I, Peter Davey, Head of Human Resources, of Visit Victoria give the following further undertakings with 
respect to the Visit Victoria Enterprise Agreement 2019 (EA): 

1. The following updated salary banding will apply under the EA from commencement: 

Band Points Minimum Guideline Top of Band 

1 135-160 $47,489 $48,590 $52,995 $58,500 

2 161-268 $58,501 $60,503 $68,513 $78,524 

3 269- 370 $78,525 $81,412 $92,966 $107,407 

4 371- 518 $107,408 $110,666 $123,704 $140,000 

5 519-734 $140,001 $144,619 $163,097 $186,194 

2. Legal Officers will not be employed in roles remunerated below Band 3 and Senior Legal Officers 
will be remunerated at Band 4 or Band 5 as appropriate based on the responsibilities of the role. 

3. Part time employees will be entitled to payment of overtime for hours worked in excess of their 
weekly hours as agreed, or as varied under clause 3.2(5)(b). Visit Victoria hereby undertakes that 
clause 5.3(f)(i) will have no application. 

4. The Spread of Hours under the EA will be the same as those under the State Government Agencies 
Award, currently 7am to 6.30pm Monday to Friday. 

5. Employees remunerated in Band 1 or Band 2 will have guaranteed minimum salaries within the 
bands based on their years of employment with Visit Victoria as follows: 

Application of Bands Minimum Remuneration within Band 

New to Role Minimum 

At least 1 year employment 10th Percentile 

At least 3 years' employment 25th Percentile 

At least 5 years' employment 50th Percentile 

S~ndure:_~~~ ~---~-- - ------/~ Date: { )/11.-/( 2 
I 


VISIT VICTORIA Visit Victoria Collins Square Tower Two IN THE FAIR WORK COMMISSION Level 28, 727 Collins Street Melbourne VIC 3008 FWC Matter Number: AG2019/3748 Tel .613 9002-2222 Applicant: Visit Victoria @visitvictoria ABN 37 617 725 270 Undertaking Section 190 I. Peter Davey, Head of Human Resources, of Visit Victoria give the following further certakin

respect to the Visit Victoria Enterprise Agreement 2019 (EA): 1. The following updated salary banding will apply under the EA from commencement: Band Points Minimum Guideline Top of Band 1 135-160 $47,489 $48,590 $52,995 $58,500 2 161-268 $58,501 $60,503 $68,513 $78,524 3 269-370 $78,525 $81,412 $92,966 $107,407 4 371 -518 $107,408 $110,666 $123,704 $140,000 5 519-734 $140,001 $144,619 $163,097 $186,194

2. Legal Officers will not be employed in roles remunerated below Band 3 and Senior Legal Officers will be remunerated at Band 4 or Band 5 as appropriate based on the responsibilities of the role. 3. Part time employees will be entitled to payment of overtime for hours worked in excess of their weekly hours as agreed, or as varied under clause 3.2(5)(b). Visit Victoria hereby undertakes that clause 5.3(f)(i) will have no application. 4. The Spread of Hours under the EA will be the same as those under the State Government Agencies Award, currently 7am to 6.30pm Monday to Friday. 5. Employees remunerated in Band 1 or Band 2 will have guaranteed minimum salaries within the bands based on their years of employment with Visit Victoria as follows: Application of Bands Minimum Remuneration within Band

New to Role Minimum At least 1 year employment 10th Percentile At least 3 years' employment 25th Percentile At least 5 years' employment 50th Percentile Signature: Date: 13/12/19




 



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Visit Victoria 
Enterprise Agreement 2019 

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Visit Victoria Enterprise Agreement 2019 Page 1 of 50 OFFICIAL




 

mahoney
Undertaking Stamp



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1. PART 1 APPLICATION AND OPERATION OF AGREEMENT 

1.1 AGREEMENT TITLE 

The title of this Agreement shall be the 'Visit Victoria Enterprise Agreement 2019', 
otherwise referred to herein as the 'Agreement'. 

1.2 ARRANGEMENT 

This Agreement is arranged as follows: 

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1. PART 1 APPLICATION AND OPERATION OF AGREEMENT 1.1 AGREEMENT TITLE The title of this Agreement shall be the 'Visit Victoria Enterprise Agreement 2019', otherwise referred to herein as the 'Agreement'. 1.2 ARRANGEMENT This Agreement is arranged as follows: Page 2 of 50 OFFICIAL




 



1. PART 1 APPLICATION AND OPERATION OF AGREEMENT .................................................................. 2 

1.1 AGREEMENTTITLE ............................................................................................................................. 2 
1.2 ARRANGEMENT ................................................................................................................................. 2 
1.3 DEFINITIONS ................................ ...................................................................................................... 5 
1.4 COMMENCEMENT DATE OF AGREEMENT ........................................ .... ............................................. 5 
1.5 APPLICATION OF AGREEMENT ........................................................................................................... 5 
1.6 PARTIES BOUND .......................................................................................................................... ..... .. 6 
1.7 RELATIONSHIP TO PREVIOUS AWARDS AND AGREEMENTS .............................................................. 6 
1.8 TRANSITION ARRANGEMENTS .................................................................................... , ........ .............. 6 
1.9 ANTI-DISCRIMINATION ...................... ................................... .. ........................................................... 6 
1.10 INDIVIDUAL FLEXIBILITY ARRANGEMENTS .......................................... ........... ................................... 7 
1. 11 RIGHT TO REQUEST FLEXIBLE WORKING ARRANGEMENTS ............................................................................. 8 

2. PART 2 COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION ........................................ 10 

2.1 INTRODUCTION OF CHANGE IN THE WORKPLACE ............... ............................................................ 10 
2.2 DISPUTES SETTLEMENT PROCEDURES ............................... .............................................................. 12 

3. PART 3 THE EMPLOYER AND THE EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED 

ARRANGEMENTS .................................................................................................................................. 14 

3.1 SECURE EMPLOYMENT .................................................................................................................... 14 
3.2 CONTRACT OF EMPLOYMENT .......................................................................................................... 14 
3.3 EMPLOYEE DUTIES ........................................................................................................................... 15 
3.4 REDUNDANCY .................................................................... , ............... ........................................ ...... 15 
3.5 TERMINATION OF EMPLOYMENT .................................................................................................... 15 
3.6 PERFORMANCE MANAGEMENT & DISCIPLINE ................................................................................ 16 

4. PART 4 SALARY AND RELATED MATTERS ....................................................................................... 18 

4.1 REMUNERATION .............................................................................................................................. 18 
4.2 HIGHER DUTIES ..................................................... ................................................................ ........... 19 
4.3 PAYMENT OF SALARIES .................................................................................................................... 19 
4.4 SUPERANNUATION ............................................................................. , ....................................... ..... 19 
4.5 ACCIDENT MAKE UP PAY .................................................................................................................. 20 

5. PART 5 HOURS OF WORK, BREAKS, OVERTIME & WEEKEND WORK ................................................ 21 

5.1 HOURSOFWORK ............................................................................................................................. 21 
5.2 MEAL BREAKS ............................................... ............................... ..................................... ............... 21 
5.3 OVERTIME ........................................................................................................................................ 21 
5.4 ANNUAL SHUT DOWN ...................................................................................................................... 23 

6. PART 6 LEAVE OF ABSENCE AND PUBLIC HOLIDAYS ........................................................................ 24 

6.1 ANNUAL LEAVE ................................................................................................................................ 24 
6.2 PERSONAL LEAVE ............................................................................................................................. 26 
6.3 CARER'S LEAVE ....... ................................ ......................... ................................................................. 26 
6.4 COMPASSIONATE LEAVE ......................... ............... ............... , ....... ................................................... 27 
6.5 PARENTAL LEAVE ............................................................................................................................ . 28 
6.6 LONG SERVICE LEAVE .......... ............................................................................................................. 39 
6.7 PUBLIC HOLIDAYS ............................................................................................................................ 39 
6.8 COMMUNITY SERVICE LEAVE ........................................................................................................... 40 

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1. PART 1 APPLICATION AND OPERATION OF AGREEMENT 2 1.1 AGREEMENT TITLE 2 1.2 ARRANGEMENT . 2 1.3 DEFINITIONS 5 1.4 COMMENCEMENT DATE OF AGREEMENT 5 1.5 APPLICATION OF AGREEMENT 5 1.6 PARTIES BOUND. 6 1.7 RELATIONSHIP TO PREVIOUS AWARDS AND AGREEMENTS 6 1.8 TRANSITION ARRANGEMENTS. 6 1.9 ANTI-DISCRIMINATION 1.10 INDIVIDUAL FLEXIBILITY ARRANGEMENTS 6 7 1.11 RIGHT TO REQUEST FLEXIBLE WORKING ARRANGEMENTS 8 2. PART 2 COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 10 2.1 INTRODUCTION OF CHANGE IN THE WORKPLACE. 10 2.2 DISPUTES SETTLEMENT PROCEDURES 12 3. PART 3 THE EMPLOYER AND THE EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS. 14 3.1 SECURE EMPLOYMENT . 3.2 14 CONTRACT OF EMPLOYMENT 14 3.3 EMPLOYEE DUTIES 15 3.4 REDUNDANCY 15 3.5 TERMINATION OF EMPLOYMENT 15 3.6 PERFORMANCE MANAGEMENT & DISCIPLINE 16 4. PART 4 SALARY AND RELATED MATTERS 18 4.1 REMUNERATION. 18 4.2 HIGHER DUTIES 19 4.3 PAYMENT OF SALARIES 19 4.4 SUPERANNUATION 4.5 19 ACCIDENT MAKE UP PAY 20 5. PART 5 HOURS OF WORK, BREAKS, OVERTIME & WEEKEND WORK 21 5.1 HOURS OF WORK 21 5.2 MEAL BREAKS 21 5.3 OVERTIME. 21 5.4 ANNUAL SHUT DOWN 23 6. PART 6 LEAVE OF ABSENCE AND PUBLIC HOLIDAYS. 24 6.1 ANNUAL LEAVE . 24 6.2 PERSONAL LEAVE 26 6.3 CARER'S LEAVE 26 6.4 COMPASSIONATE LEAVE 27 6.5 PARENTAL LEAVE 28 6.6 LONG SERVICE LEAVE 39 6.7 PUBLIC HOLIDAYS 39 6.8 COMMUNITY SERVICE LEAVE 40 Page 3 of 50 OFFICIAL




 



6.9 FAMILY VIOLENCE LEAVE ................................................................................................................. 40 
6.10 OTHER LEAVE ................................................................................................................................... 43 

APPENDIX A: VISIT VICTORIA JOB CLASSIFICATION & REMUNERATION FRAMEWORK ............................ 45 

APPENDIX B: SIGNATORIES ................................................................................................................... 48 

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6.9 FAMILY VIOLENCE LEAVE 6.10 OTHER LEAVE 40 43 APPENDIX A: VISIT VICTORIA JOB CLASSIFICATION & REMUNERATION FRAMEWORK. ... 45 APPENDIX B: SIGNATORIES. 48 Page 4 of 50 OFFICIAL




 



1.3 DEFINITIONS 

Unless the context otherwise indicates or requires, the expressions defined below shall 
have the respective meanings assigned to them: 

(a) 'J1ct" shall mean the Fair Work Act 2009 (Cth). 

(b) "Business" shall mean the operations of the Employer covered to which this 
Agreement applies. 

(c) "CPSU" means the Community and Public Sector Union 

(d) "Employee" shall mean a person employed by Visit Victoria or Melbourne 
Convention Bureau in an Australian based role excluding direct reports to the 
Visit Victoria Chief Executive Officer. 

(e) "Employer" shall mean Visit Victoria and/ or Melbourne Convention Bureau. 

(f) "FWC" shall mean the Fair Work Commission. 

(g) ''NES" shall mean the National Employment Standards contained in the Act. 

(h) "Visit Victoria" shall mean Visit Victoria and Melbourne Convention Bureau. 

(i) "Agreement" shall mean the Visit Victoria Enterprise Agreement 2019 

1.4 COMMENCEMENT DATE OF AGREEMENT 

This Agreement shall come into force seven days from the date that the Agreement is 
approved by the Fair Work Commission. The Agreement shall have a nominal expiry date 
of 30 June 2023. 

1.5 APPLICATION OF AGREEMENT 

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(a) This Agreement shall apply to all Employees employed by Visit Victoria or 
Melbourne Convention Bureau, excluding those Employees in roles that report to 
the Visit Victoria Chief Executive Officer. 

(b) The Agreement shall apply to any successor, assignee or transmittee of all or any 
of the Business. 

(c) Despite anything else in this Agreement, where there is an inconsistency 
between this Agreement and the National Employment Standards in the Act and 
the National Employment Standards provide a greater benefit, the National 
Employment Standards will apply to the extent of the inconsistency. 

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1.3 DEFINITIONS Unless the context otherwise indicates or requires, the expressions defined below shall have the respective meanings assigned to them: (a) "Act" shall mean the Fair Work Act 2009 (Cth). (b) "Business" shall mean the operations of the Employer covered to which this Agreement applies. (c) "CPSU" means the Community and Public Sector Union (d) "Employee" shall mean a person employed by Visit Victoria or Melbourne Convention Bureau in an Australian based role excluding direct reports to the Visit Victoria Chief Executive Officer. (e) "Employer" shall mean Visit Victoria and / or Melbourne Convention Bureau. (f) "FWC" shall mean the Fair Work Commission. (g) "NES" shall mean the National Employment Standards contained in the Act. (h) "Visit Victoria" shall mean Visit Victoria and Melbourne Convention Bureau. (i) "Agreement" shall mean the Visit Victoria Enterprise Agreement 2019 1.4 COMMENCEMENT DATE OF AGREEMENT This Agreement shall come into force seven days from the date that the Agreement is approved by the Fair Work Commission. The Agreement shall have a nominal expiry date of 30 June 2023. 1.5 APPLICATION OF AGREEMENT (a) This Agreement shall apply to all Employees employed by Visit Victoria or Melbourne Convention Bureau, excluding those Employees in roles that report to the Visit Victoria Chief Executive Officer. (b) The Agreement shall apply to any successor, assignee or transmittee of all or any of the Business. (c) Despite anything else in this Agreement, where there is an inconsistency between this Agreement and the National Employment Standards in the Act and the National Employment Standards provide a greater benefit, the National Employment Standards will apply to the extent of the inconsistency. Page 5 of 50 OFFICIAL




 



1.6 PARTIES BOUND 

This Agreement shall cover: 

(a) The Employer; and 

(b) Its employees to whom the Agreement applies pursuant to clause 1.5; and 

(c) CPSU provided it meets the notice requirements as prescribed by the Act and the 
FWC notes in its decision to approve the Agreement that the Agreement covers 
the Union. 

1.7 RELATIONSHIP TO PREVIOUS AWARDS AND AGREEMENTS 

(a) The parties to this Agreement intend it to be a comprehensive workplace 
agreement to replace all prior certified agreements and awards. 

(b) This Agreement shall replace all prior agreements made under the Fair Work Act 
2009 or other legislation as applicable. 

(c) In addition, this Agreement operates to the exclusion of any current award or 
modern award which may be otherwise applicable. 

(d) For the sake of clarity, where employees have other employment agreements, 
this Agreement will apply to the extent of any inconsistency. 

1.8 TRANSITION ARRANGEMENTS 

No employee will have their salary or accrued leave entitlements reduced as a result of 
coverage under this Agreement. 

1.9 ANTI-DISCRIMINATION 

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(a) It is the intention of the parties to this Agreement to respect and value the 
diversity of the work force by helping to prevent and eliminate discrimination on 
the basis of race, colour, sex, sexual preference, sexual orientation, gender, age, 
physical or mental disability, membership or non-membership of an association 
or organisation of employers or employees, marital status, family 
responsibilities, pregnancy, religion, political opinion, national extraction or 
social origin. 

(b) Accordingly, every endeavour will be made to ensure that nothing in the 
operation of this Agreement is directly or indirectly discriminatory in its effect. 

(c) Nothing in this clause is taken to affect: 

(i) any different treatment (or treatment having different effects) which is 
specifically exempted under the Commonwealth anti-discrimination 
legislation; 

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1.6 PARTIES BOUND This Agreement shall cover: (a) The Employer; and (b) Its employees to whom the Agreement applies pursuant to clause 1.5; and (c) CPSU provided it meets the notice requirements as prescribed by the Act and the FWC notes in its decision to approve the Agreement that the Agreement covers the Union. 1.7 RELATIONSHIP TO PREVIOUS AWARDS AND AGREEMENTS (a) The parties to this Agreement intend it to be a comprehensive workplace agreement to replace all prior certified agreements and awards. (b) This Agreement shall replace all prior agreements made under the Fair Work Act 2009 or other legislation as applicable. (c) In addition, this Agreement operates to the exclusion of any current award or modern award which may be otherwise applicable. (d) For the sake of clarity, where employees have other employment agreements, this Agreement will apply to the extent of any inconsistency. 1.8 TRANSITION ARRANGEMENTS No employee will have their salary or accrued leave entitlements reduced as a result of coverage under this Agreement. 1.9 ANTI-DISCRIMINATION (a) It is the intention of the parties to this Agreement to respect and value the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, sexual orientation, gender, age, physical or mental disability, membership or non-membership of an association or organisation of employers or employees, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. (b) Accordingly, every endeavour will be made to ensure that nothing in the operation of this Agreement is directly or indirectly discriminatory in its effect. (c) Nothing in this clause is taken to affect: (i) any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation; Page 6 of 50 OFFICIAL




 



(ii) an Employee, Employer or Union pursuing matters of discrimination in 
any State or Federal jurisdiction, including by application to the 
Australian Human Rights Commission; or 

(iii) the exceptions in sections 351(2) and 772(2) of the FW Act or the 
operation of sections 772(3) and 772(4) of the FW Act. 

{d) The Employer will act in accordance with its obligations under: 

(i) the Equal Opportunity Act 2010 (Vic); and 

(ii) the Victorian Charter of Human Rights and Responsibilities. 

These obligations apply to the Employer but do not form part of the Agreement. 

1.10 INDIVIDUAL FLEXIBILITY ARRANGEMENTS 

(a) An employer and employee covered by this Agreement may agree to make an 
individual flexibility arrangement to vary the effect of terms of the agreement if: 

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(i) the agreement deals with one or more of the following matters: 

A arrangements about when work is performed; 

B overtime rates; 

C penalty rates; 

D allowances; and 

(ii) the arrangement meets the genuine needs of the employer and 
employee in relation to one or more of the matters mentioned in 
paragraph 1.lO(a)(i); and 

(iii) the arrangement is genuinely agreed to by the employer and employee. 

(b) The employer must ensure that the terms of the individual flexibility 
arrangement: 

(i) are about permitted matters under section 172 of the Fair Work Act 
2009;and 

(ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and 

(iii) result in the employee being better off overall than the employee would 
be if no arrangement was made. 

(c) The employer must ensure that the individual flexibility arrangement: 

(i) is in writing; and 

(ii) includes the name of the employer and employee; and 

{iii) is signed by the employer and employee and if the employee is under 18 
years of age, signed by a parent or guardian of the employee; and 

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(ii) an Employee, Employer or Union pursuing matters of discrimination in any State or Federal jurisdiction, including by application to the Australian Human Rights Commission; or (iii) the exceptions in sections 351(2) and 772(2) of the FW Act or the operation of sections 772(3) and 772(4) of the FW Act. (d) The Employer will act in accordance with its obligations under: (i) the Equal Opportunity Act 2010 (Vic); and (ii) the Victorian Charter of Human Rights and Responsibilities. These obligations apply to the Employer but do not form part of the Agreement. 1.10 INDIVIDUAL FLEXIBILITY ARRANGEMENTS (a) An employer and employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (i) the agreement deals with one or more of the following matters: A arrangements about when work is performed; B overtime rates; C penalty rates; D allowances; and (ii) the arrangement meets the genuine needs of the employer and employee in relation to one or more of the matters mentioned in paragraph 1.10(a)(i); and (iii) the arrangement is genuinely agreed to by the employer and employee. (b) The employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) result in the employee being better off overall than the employee would be if no arrangement was made. (c) The employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the employer and employee; and (iii) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and Page 7 of 50 OFFICIAL




 



(iv) includes details of: 

A the terms of the enterprise agreement that will be varied by 
the arrangement; and 

B how the arrangement will vary the effect of the terms; and 

C how the employee will be better off overall in relation to the 
terms and conditions of his or her employment as a result of 
the arrangement; and 

(v) states the day on which the arrangement commences. 

(d) The employer must give the employee a copy of the individual flexibility 
arrangement within 14 days after it is agreed to. 

(e) The employer or employee may terminate the individual flexibility arrangement: 

(i) by giving no less than 28 days written notice to the other party to the 
arrangement; or 

(ii) if the employer and employee agree in writing at any time. 

1.11 Right to Request Flexible Working Arrangements 

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(a) In accordance with and pursuant to section 65 of the FW Act, an Employee may 
request a change in their working arrangements on the basis of the following 
circumstances: 

(i) the employee is the parent, or has responsibility for the care, of a child 
who is of school age or younger; 

(ii) the employee is a carer (within the meaning of the Carer Recognition 
Act 2010); 

(iii) the employee has a disability; 

(iv) the employee is 55 or older; 

(v) the employee is experiencing violence from a member of the 
employee's family; 

(vi) the employee provides care or support to a member of the employee's 
immediate family, or a member of the employee's household, who 
requires care or support because the member is experiencing violence 
from the member's family. 

Note: Examples of changes in working arrangements include changes in hours of work, 
changes in patterns of work and changes in location of work. 

(b) To avoid doubt, and without limiting clause 1.11(a), an Employee who: 

(i) is a parent, or has responsibility for the care, of a child; and 

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(iv) includes details of: A the terms of the enterprise agreement that will be varied by the arrangement; and B how the arrangement will vary the effect of the terms; and C how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (v) states the day on which the arrangement commences. (d) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) The employer or employee may terminate the individual flexibility arrangement: (i) by giving no less than 28 days written notice to the other party to the arrangement; or (ii) if the employer and employee agree in writing at any time. 1.11 Right to Request Flexible Working Arrangements (a) In accordance with and pursuant to section 65 of the FW Act, an Employee may request a change in their working arrangements on the basis of the following circumstances: (i) the employee is the parent, or has responsibility for the care, of a child who is of school age or younger; (ii) the employee is a carer (within the meaning of the Carer Recognition Act 2010); (iii) the employee has a disability; (iv) the employee is 55 or older; (v) the employee is experiencing violence from a member of the employee's family; (vi) the employee provides care or support to a member of the employee's immediate family, or a member of the employee's household, who requires care or support because the member is experiencing violence from the member's family. Note: Examples of changes in working arrangements include changes in hours of work, changes in patterns of work and changes in location of work. (b) To avoid doubt, and without limiting clause 1.11(a), an Employee who: (i) is a parent, or has responsibility for the care, of a child; and Page 8 of 50 OFFICIAL




 



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(ii} is returning to work after taking leave in relation to the birth or 
adoption of the child; 

may request to work part-time to assist the Employee to care for the child. 

(c} An Employee is not entitled to make a request under this clause unless: 

(i} for an Employee other than a casual Employee - the Employee has 
completed at least 12 months of continuous service with the Employer 
immediately before making the request; or 

(ii} for a casual Employee - the Employee: 

A is a long term casual Employee of the Employer immediately 
before making the request; and 

B has a reasonable expectation of continuing employment by the 
Employer on a regular and systematic basis. 

(d) A request made under this clause must be made in writing and set out details of 
the change sought and the reasons for the change. 

(e} On receipt of a request by an Employee under this clause, the Employer must 
give the Employee a written response within 21 days, stating whether the 
Employer grants or refuses the request. 

(f} The Employer may only refuse the request on reasonable business grounds. 

(g} Without limiting what are reasonable business grounds for the purposes of 
clause (f}, reasonable business grounds include the following: 

(i} that the new working arrangements requested by the Employee would 
be too costly for the Employer; 

(ii} that there is no capacity to change the working arrangements of other 
Employees, or recruit new Employees, to accommodate the new 
working arrangements requested by the Employer; 

(iii} that it would be impractical to change the working arrangements of 
other Employees, or recruit new Employees, to accommodate the new 
working arrangements requested by the Employee; 

(iv} that the new working arrangements requested by the Employee would 
be likely to result in a significant loss in efficiency or productivity; 

(v} that the new working arrangements requested by the employee would 
be likely to have a significant negative impact on customer service. 

(h} If the Employer refuses the request, the written response under clause l.ll(e} 
must include details of the reasons for the refusal. 

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(ii) is returning to work after taking leave in relation to the birth or adoption of the child; may request to work part-time to assist the Employee to care for the child. (c) An Employee is not entitled to make a request under this clause unless: (i) for an Employee other than a casual Employee - the Employee has completed at least 12 months of continuous service with the Employer immediately before making the request; or (ii) for a casual Employee - the Employee: A is a long term casual Employee of the Employer immediately before making the request; and B has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis. (d) A request made under this clause must be made in writing and set out details of the change sought and the reasons for the change. (e) On receipt of a request by an Employee under this clause, the Employer must give the Employee a written response within 21 days, stating whether the Employer grants or refuses the request. (f) The Employer may only refuse the request on reasonable business grounds. (g) Without limiting what are reasonable business grounds for the purposes of clause (f), reasonable business grounds include the following: (i) that the new working arrangements requested by the Employee would be too costly for the Employer; (ii) that there is no capacity to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employer; (iii) that it would be impractical to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employee; (iv) that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity; (v) that the new working arrangements requested by the employee would be likely to have a significant negative impact on customer service. (h) If the Employer refuses the request, the written response under clause 1.11(e) must include details of the reasons for the refusal. Page 9 of 50 OFFICIAL




 



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2. PART 2 COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 

2.1 INTRODUCTION OF CHANGE IN THE WORKPLACE 

(a) This term applies if the employer: 

(i) Proposes to introduce a major change production, program, 
organisation, structure or technology in relation to its enterprise that is 
likely to have a significant effect on the employees; or 

(ii) proposes to introduce a change to the regular roster or ordinary hours 
of work of employees. 

MAJOR CHANGE 

(b) For a major change referred to in paragraph 2.l(a)(i) : 

(i) the employer must notify the relevant employees and their union of the 
decision to introduce the major change; and 

(ii) subclauses 2.l(c) to 2.l(h) apply. 

(c) The relevant employees may appoint a representative for the purposes of the 
procedures in this term. 

(d) If: 

(i) a relevant employee appoints, or relevant employees appoint, a 
representative for the purposes of consultation; and 

(ii) the employee or employees advise the employer of the identity of the 
representative; 

the employer must recognise the representative. 

(e) As soon as practicable after the employer has developed a change proposal the 
employer must: 

(i) discuss with the relevant employees and their nominated 
representatives (if any): 

A the introduction of the change; and 

B the effect the change is likely to have on the employees; and 

C measures the employer is taking to avert or mitigate the 
adverse effect of the change on the employees; and 

(ii) for the purposes of the discussion-provide, in writing, to the relevant 
employees and their nominated representatives (if any): 

A all relevant information about the change including the nature 
of the change proposed; and 

Page 10 of SO 


2. PART 2 COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 2.1 INTRODUCTION OF CHANGE IN THE WORKPLACE (a) This term applies if the employer: (i) Proposes to introduce a major change production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or (ii) proposes to introduce a change to the regular roster or ordinary hours of work of employees. MAJOR CHANGE (b) For a major change referred to in paragraph 2.1(a)(i): (i) the employer must notify the relevant employees and their union of the decision to introduce the major change; and (ii) subclauses 2.1(c) to 2.1(h) apply. (c) The relevant employees may appoint a representative for the purposes of the procedures in this term. (d) If: (i) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (ii) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. (e) As soon as practicable after the employer has developed a change proposal the employer must: (i) discuss with the relevant employees and their nominated representatives (if any): A the introduction of the change; and B the effect the change is likely to have on the employees; and C measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (ii) for the purposes of the discussion-provide, in writing, to the relevant employees and their nominated representatives (if any): A all relevant information about the change including the nature of the change proposed; and Page 10 of 50 OFFICIAL




 



OFFICIAL 

B information about the expected effects of the change on the 
employees; and 

C any other matters likely to affect the employees. 

(f) However, the employer is not required to disclose confidential or commercially 
sensitive information to the relevant employees and their nominated 
representatives (if any). 

(g) The employer must give prompt and genuine consideration to matters raised 
about the major change by the relevant employees and their nominated 
representatives (if any). 

(h) In this term, a major change is likely to have a significant effect on employees if it 
results in: 

(i) the termination of the employment of employees; or 

(ii) major change to the composition, operation or size of the employer's 
workforce or to the skills required of employees; or 

(iii) the elimination or diminution of job opportunities (including 
opportunities for promotion or tenure); or 

(iv) the alteration of hours of work; or 

(v) the need to retrain employees; or 

(vi) the need to relocate employees to another workplace; or 

(vii) the restructuring of jobs. 

CHANGE TO REGULAR ROSTER OR ORDINARY HOURS OF WORK 

(i) For a change referred to in paragraph 2.l(a)(ii): 

(i) the employer must notify the relevant employees of the proposed 
change;and 

(ii) subclauses 2.l(j) to 2.l(o) apply. 

(j) The relevant employees may appoint a representative for the purposes of the 
procedures in this term. 

(k) If: 

(i) a relevant employee appoints, or relevant employees appoint, a 
representative for the purposes of consultation; and 

(ii) the employee or employees advise the employer of the identity of the 
representative; 

the employer must recognise the representative. 

Page 11 of SO 


B information about the expected effects of the change on the employees; and C any other matters likely to affect the employees. (f) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees and their nominated representatives (if any). (g) The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees and their nominated representatives (if any). (h) In this term, a major change is likely to have a significant effect on employees if it results in: (i) the termination of the employment of employees; or (ii) major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or (iii) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (iv) the alteration of hours of work; or (v) the need to retrain employees; or (vi) the need to relocate employees to another workplace; or (vii) the restructuring of jobs. CHANGE TO REGULAR ROSTER OR ORDINARY HOURS OF WORK (i) For a change referred to in paragraph 2.1(a)(ii): (i) the employer must notify the relevant employees of the proposed change; and (ii) subclauses 2.1(j) to 2.1(o) apply. (i) The relevant employees may appoint a representative for the purposes of the procedures in this term. (k) If: (i) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (ii) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. Page 11 of 50 OFFICIAL




 



(I} As soon as practicable after proposing to introduce the change, the employer 
must: 

(i} discuss with the relevant employees the introduction of the change; and 

(ii} for the purposes of the discussion-provide to the relevant employees: 

A all relevant information about the change, including the nature 
of the change; and 

B information about what the employer reasonably believes will 
be the effects of the change on the employees; and 

C information about any other matters that the employer 
reasonably believes are likely to affect the employees; and 

(iii} invite the relevant employees to give their views about the impact of 
the change (including any impact in relation to their family or caring 
responsibilities). 

(m) However, the employer is not required to disclose confidential or commercially 
sensitive information to the relevant employees. 

(n} The employer must give prompt and genuine consideration to matters raised 
about the change by the relevant employees. 

(o} In this term: 

relevant employees means the employees who may be affected by a change 
referred to in subclause 2.l(a}. 

2 .2 DISPUTES SETTLEMENT PROCEDURES 

OFFICIAL 

(a} If a dispute relates to: 

(i} a matter arising under the agreement; or 

(ii) the National Employment Standards; 

this term sets out procedures to settle the dispute. 

(b) An employee who is a party to the dispute may appoint a representative for the 
purposes of the procedures in this term. 

(c) In the first instance, the parties to the dispute must try to resolve the dispute at 
the workplace level, by discussions between the employee or employees and 
relevant supervisors and/or management. 

(d) If discussions at the workplace level do not resolve the dispute, a party to the 
dispute may refer the matter to the Fair Work Commission for conciliation. 

(e} The Fair Work Commission may deal with the dispute in 2 stages: 

Page 12 of SO 


(1) As soon as practicable after proposing to introduce the change, the employer must: (i) discuss with the relevant employees the introduction of the change; and (ii) for the purposes of the discussion-provide to the relevant employees: A all relevant information about the change, including the nature of the change; and B information about what the employer reasonably believes will be the effects of the change on the employees; and C information about any other matters that the employer reasonably believes are likely to affect the employees; and (iii) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). (m) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. (n) The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. (o) In this term: relevant employees means the employees who may be affected by a change referred to in subclause 2.1(a). 2.2 DISPUTES SETTLEMENT PROCEDURES (a) If a dispute relates to: (i) a matter arising under the agreement; or (ii) the National Employment Standards; this term sets out procedures to settle the dispute. (b) An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. (c) In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management. (d) If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission for conciliation. (e) The Fair Work Commission may deal with the dispute in 2 stages: Page 12 of 50 OFFICIAL




 



OFFICIAL 

(i) the Fair Work Commission will first attempt to resolve the dispute as it 
considers appropriate, including by mediation, conciliation, expressing 
an opinion or making a recommendation; and 

(ii) if the Fair Work Commission is unable to resolve the dispute at the first 
stage, a party to the dispute may then request that the Fair Work 
Commission proceeds to: 

A arbitrate the dispute; and 

B make a determination that is binding on the parties. 

Note: If Fair Work Commission arbitrates the dispute, it may also use the powers 
that are available to it under the Act. 

(f) A decision that Fair Work Commission makes when arbitrating a dispute is a 
decision for the purpose of Division 3 of Part 5-1 of the Act. Therefore, an appeal 
may be made against the decision. 

(g) While the parties are trying to resolve the dispute using the procedures in this 
term: 

(i) an employee must continue to perform his or her work as he or she 
would normally unless he or she has a reasonable concern about an 
imminent risk to his or her health or safety; and 

(ii) an employee must comply with a direction given by the employer to 
perform other available work at the same workplace, or at another 
workplace, unless: 

A the work is not safe; or 

B applicable occupational health and safety legislation would not 
permit the work to be performed; or 

C the work is not appropriate for the employee to perform; or 

D there are other reasonable grounds for the employee to refuse 
to comply with the direction. 

(h) The parties to the dispute agree to be bound by a decision made by Fair Work 
Commission in accordance with this term. 

Page 13 of SO 


(i) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (ii) if the Fair Work Commission is unable to resolve the dispute at the first stage, a party to the dispute may then request that the Fair Work Commission proceeds to: A arbitrate the dispute; and B make a determination that is binding on the parties. Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. (f) A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Division 3 of Part 5-1 of the Act. Therefore, an appeal may be made against the decision. (g) While the parties are trying to resolve the dispute using the procedures in this term: (i) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (ii) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless: A the work is not safe; or B applicable occupational health and safety legislation would not permit the work to be performed; or C the work is not appropriate for the employee to perform; or D there are other reasonable grounds for the employee to refuse to comply with the direction. (h) The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this term. Page 13 of 50 OFFICIAL




 



OFFICIAL 

3. PART 3 THE EMPLOYER AND THE EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND 
RELATED ARRANGEMENTS 

3.1 SECURE EMPLOYMENT 

(a) The Employer acknowledges the positive impact that secure employment has on 
Employees and the provision of quality services to the Victorian community. 

(b) The Employer will give preference to ongoing forms of employment over casual 
and fixed term arrangements wherever possible. 

3.2 CONTRACT OF EMPLOYMENT 

An employee may be engaged as: 

(a) A full -time employee engaged to work 38 hours per week excluding overtime. 

(b) A part-time employee engaged to work regular weekly hours subject to: 

(i) Less than 38 ordinary hours per week; 

(ii) A minimum of 3 ordinary hours per start, except where: 

A The employee works from home by agreement with the 
Employer; or 

B Otherwise by agreement with the Employer. 

(iii) A part time employee may agree to vary their hours of work. Where an 
employee agrees to vary their weekly hours of work, the agreement 
shall be recorded in writing and include: 

A The period of the variation; 

B The new agreed weekly hours of work; and 

C The date of the agreement. 

(iv) Such agreed hours in clause 3.2(b)(iii) shall be considered the 
employee's ordinary hours for the period agreed and for leave accrual 
purposes. 

(c) A temporary employee engaged for a fixed term. 

(d) A casual employee, engaged by the hour subject to: 

(i) A maximum of 38 ordinary hours per week 

(ii) A minimum of 3 ordinary hours per start; 

(iii) A maximum of 5 separate attendances per week to be classified as 
ordinary hours; and 

(iv) Payment of a 25% loading on all ordinary hours worked. 

(e) All new employees will be subject to a probation period of 6 months from their 
hire date. 

Page 14 of SO 


3. PART 3 THE EMPLOYER AND THE EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 3.1 SECURE EMPLOYMENT (a) The Employer acknowledges the positive impact that secure employment has on Employees and the provision of quality services to the Victorian community. (b) The Employer will give preference to ongoing forms of employment over casual and fixed term arrangements wherever possible. 3.2 CONTRACT OF EMPLOYMENT An employee may be engaged as: (a) A full-time employee engaged to work 38 hours per week excluding overtime. (b) A part-time employee engaged to work regular weekly hours subject to: (i) Less than 38 ordinary hours per week; (ii) A minimum of 3 ordinary hours per start, except where: A The employee works from home by agreement with the Employer; or B Otherwise by agreement with the Employer. (iii) A part time employee may agree to vary their hours of work. Where an employee agrees to vary their weekly hours of work, the agreement shall be recorded in writing and include: A The period of the variation; B The new agreed weekly hours of work; and C The date of the agreement. (iv) Such agreed hours in clause 3.2(b)(iii) shall be considered the employee's ordinary hours for the period agreed and for leave accrual purposes. (c) A temporary employee engaged for a fixed term. (d) A casual employee, engaged by the hour subject to: (i) A maximum of 38 ordinary hours per week (ii) A minimum of 3 ordinary hours per start; (iii) A maximum of 5 separate attendances per week to be classified as ordinary hours; and (iv) : Payment of a 25% loading on all ordinary hours worked. (e) All new employees will be subject to a probation period of 6 months from their hire date. Page 14 of 50 OFFICIAL




 



(f) The service of a casual may be terminated with one hour's notice at any time by 
either the Employer or Casual Employee. 

(g) A regular casual employee may request that their employment be converted to 
full time or part time employment in accordance with Clause 10.6 of the State 
Government Agencies Award 2010. 

3.3 EMPLOYEE DUTIES 

(a) To become entitled to payment of a weekly salary, an employee must perform 
such work as the Employer reasonably requires and directs taking into account 
the employee's skills, competence and training, including; 

(i) Carrying out such duties as are within the limits of the employee's skill, 
competence and training consistent with the classification structure of 
this Agreement, provided that such duties are not designed to promote 
deskilling; 

(ii) Carrying out such duties and use such tools and equipment as may be 
required provided that the employee has been properly trained in the 
use of such tools and equipment; 

(iii) Transferring between duties as required; 

(iv) Working reasonable overtime as required by the Employer; 

(v) Complying with all Employer safety regulations, policies and procedures, 
and government legislation and regulations; and 

(vi) Using clothing and equipment provided by the Employer as directed. 

3.4 REDUNDANCY 

The Victorian Government's policy in relation to public sector redeployment and 
redundancy is set out in the Public Sector Industrial Relations Policies 2015 (or 
successor policies). The policy applies to the Employer but does not form part of 
this Agreement. 

3.5 TERMINATION OF EMPLOYMENT 

OFFICIAL 

(a) Termination by the Employer 

(i) In order to terminate the employment of a Full-time or Part-time 
Employee, the Employer shall give the following notice: 

Period of Continuous Service 

Up to 1 year or less 
1 year and up to the completion of 3 years 

Period of Notice 

1 week 
2 weeks' 

Page 15 of 50 


(f) The service of a casual may be terminated with one hour's notice at any time by either the Employer or Casual Employee. (g) A regular casual employee may request that their employment be converted to full time or part time employment in accordance with Clause 10.6 of the State Government Agencies Award 2010. 3.3 EMPLOYEE DUTIES (a) To become entitled to payment of a weekly salary, an employee must perform such work as the Employer reasonably requires and directs taking into account the employee's skills, competence and training, including; (i) Carrying out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Agreement, provided that such duties are not designed to promote deskilling; (ii) Carrying out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment; (iii) Transferring between duties as required; (iv) Working reasonable overtime as required by the Employer; (v) Complying with all Employer safety regulations, policies and procedures, and government legislation and regulations; and (vi) Using clothing and equipment provided by the Employer as directed. 3.4 REDUNDANCY The Victorian Government's policy in relation to public sector redeployment and redundancy is set out in the Public Sector Industrial Relations Policies 2015 (or successor policies). The policy applies to the Employer but does not form part of this Agreement. 3.5 TERMINATION OF EMPLOYMENT (a) Termination by the Employer (i) In order to terminate the employment of a Full-time or Part-time Employee, the Employer shall give the following notice: Period of Continuous Service Period of Notice Up to 1 year or less 1 week 1 year and up to the completion of 3 years 2 weeks' Page 15 of 50 OFFICIAL




 



3 years and up to the completion of 5 years 
S years and over 

3 weeks' 
4 weeks' 

The provisions of this clause are the minimum entitlements of 
employees in the event of terminations. 

(ii) Casual Employees may be terminated on one hour's notice. 

(iii) In addition to the notice in 3.S(a)(i) above, employees over 45 years of 
age at the time of giving of notice and with at least two years 
continuous service shall be entitled to an additional week's notice. 

(iv) The period of notice in this clause shall not apply in the case of dismissal 
for misconduct or other grounds that justify instant dismissal or in the 
case of casual employees. 

(b) Notice of termination by an Employee 

An Employee shall give the Employer notice as per the table above in 3.S(a)(i). 

3.6 PERFORMANCE MANAGEMENT & DISCIPLINE 

OFFICIAL 

(a) Employees agree to conduct themselves in a professional manner and to carry 
out duties within the scope of this Agreement and in accordance with Company 
policies and procedures, Companies Values and Code of Conduct. However these 
do not form part of this Agreement. 

(b) This procedure applies to full-time and part-time employees, where there is 
evidence of job performance and/or conduct issues. The focus is on ensuring the 
employee knows the standards required, why they exist, understands how to 
meet those standards and the consequences of not meeting those standards. 

(c) When counselling an employee regarding misconduct or underperformance by 
that employee, the Manager should: 

(i) specifically clarify the inappropriate conduct or underperformance 
identified; 

(ii) explain why the conduct/ performance is unacceptable; and 

(iii) explain the consequences if the conduct is repeated or the performance 
does not meet the required standard within a reasonable timeframe. 

(d) Procedure 

In circumstances where an employee's conduct or performance is not 
acceptable, the following procedure may be followed: 

(i) Management shall counsel employees about their conduct or 
performance as required. This will be regarded as a verbal warning 

Page 16 of 50 


3 years and up to the completion of 5 years 3 weeks' 5 years and over 4 weeks' The provisions of this clause are the minimum entitlements of employees in the event of terminations. (ii) Casual Employees may be terminated on one hour's notice. (iii) In addition to the notice in 3.5(a)(i) above, employees over 45 years of age at the time of giving of notice and with at least two years continuous service shall be entitled to an additional week's notice. (iv) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal or in the case of casual employees. (b) Notice of termination by an Employee An Employee shall give the Employer notice as per the table above in 3.5(a)(i). 3.6 PERFORMANCE MANAGEMENT & DISCIPLINE (a) Employees agree to conduct themselves in a professional manner and to carry out duties within the scope of this Agreement and in accordance with Company policies and procedures, Companies Values and Code of Conduct. However these do not form part of this Agreement. (b) This procedure applies to full-time and part-time employees, where there is evidence of job performance and/or conduct issues. The focus is on ensuring the employee knows the standards required, why they exist, understands how to meet those standards and the consequences of not meeting those standards. (c) When counselling an employee regarding misconduct or underperformance by that employee, the Manager should: (i) specifically clarify the inappropriate conduct or underperformance identified; (ii) explain why the conduct / performance is unacceptable; and (iii) explain the consequences if the conduct is repeated or the performance does not meet the required standard within a reasonable timeframe. (d) Procedure In circumstances where an employee's conduct or performance is not acceptable, the following procedure may be followed: (i) Management shall counsel employees about their conduct or performance as required. This will be regarded as a verbal warning Page 16 of 50 OFFICIAL




 



OFFICIAL 

unless the conduct or performance issue is serious enough to warrant a 
first written warning. This step may be omitted in the event of 
significant performance or conduct issues. 

(ii) If the employee's conduct or performance does not improve, or if an 
employee engages in conduct which warrants a formal warning, the 
employee shall be counselled formally by management who may issue a 
first written warning. The employee will be provided with the option to 
bring a support person to the meeting, which can include a Union 
representative or delegate. This step may be omitted in the event of 
significant performance or conduct issues. 

(iii) If the employee's conduct or performance does not improve following a 
first written warning, a second written warning shall be provided to the 
employee by management and management shall advise that the next 
performance review may result in termination of employment if the 
conduct or performance does not improve. The employee will be 
provided with the option to bring a support person at this meeting, 
which can include a Union representative or delegate. This step may be 
omitted in the event of significant performance or conduct issues. 

(iv) If the employee's performance or conduct does not improve, the 
employee may receive a final warning. The Manager, at this time, may 
seek from the employee reasons for continued non-performance, and 
the employee may be terminated if these reasons do not provide valid 
and acceptable reasons for non-performance. The employee will be 
provided with the option to bring a support person to this meeting, 
which can include a Union representative or delegate. 

(e) This process does not apply if an employee engages in serious misconduct, in 
which case the employee may be subject to either a first and final warning or 
summary dismissal as applicable in the situation. 

(f) The employee shall be offered an opportunity to nominate support person for 
each step of the above process, as long as it does not unreasonably delay the 
process. 

Page 17 of SO 


unless the conduct or performance issue is serious enough to warrant a first written warning. This step may be omitted in the event of significant performance or conduct issues. (ii) If the employee's conduct or performance does not improve, or if an employee engages in conduct which warrants a formal warning, the employee shall be counselled formally by management who may issue a first written warning. The employee will be provided with the option to bring a support person to the meeting, which can include a Union representative or delegate. This step may be omitted in the event of significant performance or conduct issues. (iii) If the employee's conduct or performance does not improve following a first written warning, a second written warning shall be provided to the employee by management and management shall advise that the next performance review may result in termination of employment if the conduct or performance does not improve. The employee will be provided with the option to bring a support person at this meeting, which can include a Union representative or delegate. This step may be omitted in the event of significant performance or conduct issues. (iv) If the employee's performance or conduct does not improve, the employee may receive a final warning. The Manager, at this time, may seek from the employee reasons for continued non-performance, and the employee may be terminated if these reasons do not provide valid and acceptable reasons for non-performance. The employee will be provided with the option to bring a support person to this meeting, which can include a Union representative or delegate. (e) This process does not apply if an employee engages in serious misconduct, in which case the employee may be subject to either a first and final warning or summary dismissal as applicable in the situation. (f) The employee shall be offered an opportunity to nominate support person for each step of the above process, as long as it does not unreasonably delay the process. Page 17 of 50 OFFICIAL




 



OFFICIAL 

4. PART 4 SALARY AND RELATED MATTERS 

4.1 REMUNERATION 

(a) Remuneration Framework 

Employees will be remunerated in accordance with the Visit Victoria Job 
Classification & Remuneration Framework (the Framework). 

The framework is set in Appendix A: Visit Victoria Job Classification & 
Remuneration Framework. 

(b) Remuneration Increases 

Salaries will increase from the first full pay period following the dates as set out 
below during the term of this Agreement: 

Increase Date Increase Date 

1.5% 1 July 2019 1.5% 1 July 2021 

1.5% 1 January 2020 1.5% 1 January 2022 

1.5% 1 July 2020 1.5% 1 July 2022 

1.5% 1 January 2021 1.5% 1 January 2023 

Providing that the Agreement commences 1 July 2019, the first payment of 1.5% 
on 1 July 2019 will not be payable to employees who have already been paid a 
remuneration increase of 1.5% on 1 July 2019 under the arrangements that 
applied prior to the commencement of this Agreement. 

Should this Agreement commence before 1 July 2019 the first payment of 1.5% 
on 1 July 2019 will apply to all relevant employees. 

(c) Additional Remuneration 

In order to recognise superior performance or contribution from Employees, the 
Employer may also make additional payments on the following basis: 

(i) A provision for additional remuneration for performance reward based 
on annual performance outcomes will be budgeted annually equivalent 
to 0.50% of wages. 

(ii) Performance recognition is available and attainable for Employees at all 
levels of the organisation based on demonstrated performance 
measures. 

(iii) Employees who are not at top-of-band will have increases as part of 
ongoing salary, those at top-of-band will receive one-off payments. 

Page 18 of 50 


4. PART 4 SALARY AND RELATED MATTERS 4.1 REMUNERATION (a) Remuneration Framework Employees will be remunerated in accordance with the Visit Victoria Job Classification & Remuneration Framework (the Framework). The framework is set in Appendix A: Visit Victoria Job Classification & Remuneration Framework. (b) Remuneration Increases Salaries will increase from the first full pay period following the dates as set out below during the term of this Agreement: Increase Date Increase Date 1.5% 1 July 2019 1.5% 1 July 2021 1.5% 1 January 2020 1.5% 1 January 2022 1.5% 1 July 2020 1.5% 1 July 2022 1.5% 1 January 2021 1.5% 1 January 2023 Providing that the Agreement commences 1 July 2019, the first payment of 1.5% on 1 July 2019 will not be payable to employees who have already been paid a remuneration increase of 1.5% on 1 July 2019 under the arrangements that applied prior to the commencement of this Agreement. Should this Agreement commence before 1 July 2019 the first payment of 1.5% on 1 July 2019 will apply to all relevant employees. (c) Additional Remuneration In order to recognise superior performance or contribution from Employees, the Employer may also make additional payments on the following basis: (i) A provision for additional remuneration for performance reward based on annual performance outcomes will be budgeted annually equivalent to 0.50% of wages. (ii) Performance recognition is available and attainable for Employees at all levels of the organisation based on demonstrated performance measures. (iii) Employees who are not at top-of-band will have increases as part of ongoing salary, those at top-of-band will receive one-off payments. Page 18 of 50 OFFICIAL




 



(iv) Agreed performance increases will be paid in October. 

(v) Employees shall have performance criteria clearly articulated in 
objectives established in the annual performance planning cycle . 

(vi) Review and assessment of performance will be consistent and timely 
across the business, with appropriate quality checks and calibration. 

(vii) Where an employee disagrees with their annual evaluation outcome, 
they are able to raise this with their one-up manager who will review in 
consultation with Human Resources (HR). 

4.2 HIGHER DUTIES 

If an employee is appointed to act in a higher level role for greater than two weeks, prior 
to commencement of the acting role, a Higher Duties payment will be discussed with the 
employee commensurate with the appropriate Band and level of responsibility for the 
duration of the acting role. 

4.3 PAYMENT OF SALARIES 

(a) All employees shall be paid monthly on the 15th of the month by EFT direct 
deposit into an employee's nominated bank, credit union or building society 
account. 

(b) Where the 15th falls on a weekend or public holiday, employees shall be paid 
prior to the 15th of the month. 

(c) Employees must be provided either in writing or electronically, with details of 
each pay regarding the make-up of their remuneration and any deductions. 

(d) For those employees currently paid fortnightly, the movement to monthly 
payment of salaries will be implemented three months after commencement of 
the Agreement. 

4.4 SUPERANNUATION 

OFFICIAL 

(a) The Employee, regardless of age, will be offered by the Employer membership of 
a complying superannuation fund for the purposes of the Superannuation 
Industry (Supervision) Act 1993 (Cth). In the absence of a nomination by the 
Employee, contributions will be made to VicSuper. 

(b) The Employer will contribute to this fund or another approved fund an amount in 
accordance with the Superannuation Guarantee Administration Act 1992 (Cth). 

(c) Employees who may wish to make contributions additional to those being paid 
by the Employer, shall be entitled to authorise the Employer in writing to pay 
into the fund from the employee's salary, amounts specified by the employee, 
either as salary sacrifice or after-tax contributions. 

Page 19 of SO 


(iv) Agreed performance increases will be paid in October. (v) Employees shall have performance criteria clearly articulated in objectives established in the annual performance planning cycle. (vi) Review and assessment of performance will be consistent and timely across the business, with appropriate quality checks and calibration. (vii) Where an employee disagrees with their annual evaluation outcome, they are able to raise this with their one-up manager who will review in consultation with Human Resources (HR). 4.2 HIGHER DUTIES If an employee is appointed to act in a higher level role for greater than two weeks, prior to commencement of the acting role, a Higher Duties payment will be discussed with the employee commensurate with the appropriate Band and level of responsibility for the duration of the acting role. 4.3 PAYMENT OF SALARIES (a) All employees shall be paid monthly on the 15th of the month by EFT direct deposit into an employee's nominated bank, credit union or building society account. (b) Where the 15th falls on a weekend or public holiday, employees shall be paid prior to the 15th of the month. (c) Employees must be provided either in writing or electronically, with details of each pay regarding the make-up of their remuneration and any deductions. (d) For those employees currently paid fortnightly, the movement to monthly payment of salaries will be implemented three months after commencement of the Agreement. 4.4 SUPERANNUATION (a) The Employee, regardless of age, will be offered by the Employer membership of a complying superannuation fund for the purposes of the Superannuation Industry (Supervision) Act 1993 (Cth). In the absence of a nomination by the Employee, contributions will be made to VicSuper. (b) The Employer will contribute to this fund or another approved fund an amount in accordance with the Superannuation Guarantee Administration Act 1992 (Cth). (c) Employees who may wish to make contributions additional to those being paid by the Employer, shall be entitled to authorise the Employer in writing to pay into the fund from the employee's salary, amounts specified by the employee, either as salary sacrifice or after-tax contributions. Page 19 of 50 OFFICIAL




 



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4.5 ACCIDENT MAKE UP PAY 

(a) Where an Employee is absent from duty as a result of sustaining an injury in 
respect of which the Employee is entitled to weekly payments of compensation 
under the Workplace Injury Rehabilitation and Compensation Act 2013, the 
Employee will be entitled to accident make-up pay equivalent to his or her 
normal salary less the amount of weekly compensation payments. 

(b) The Employer will continue to make payments to the Employee for a maximum 
period of 52 weeks, unless employment ceases. 

(c) The payments will cease if employment ceases, if the benefits payable under the 
Workplace Injury Rehabilitation and Compensation Act 2013 cease, or if the 
maximum 52 week period has been reached. 

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4.5 ACCIDENT MAKE UP PAY (a) Where an Employee is absent from duty as a result of sustaining an injury in respect of which the Employee is entitled to weekly payments of compensation under the Workplace Injury Rehabilitation and Compensation Act 2013, the Employee will be entitled to accident make-up pay equivalent to his or her normal salary less the amount of weekly compensation payments. (b) The Employer will continue to make payments to the Employee for a maximum period of 52 weeks, unless employment ceases. (c) The payments will cease if employment ceases, if the benefits payable under the Workplace Injury Rehabilitation and Compensation Act 2013 cease, or if the maximum 52 week period has been reached. Page 20 of 50 OFFICIAL




 



5. PART 5 HOURS OF WORK, BREAKS, OVERTIME & WEEKEND WORK 

5.1 HOURS OF WORK 

Ordinary Hours 

{a) The parties recognise that the Employer operates in the Tourism industry and 
non-traditional hours of work are common. To this end, Employees shall be 
employed on the basis that the ordinary working hours will be 7am to 8pm from 
Monday to Friday. 

{b) Subject to sub-clause 2.l(a){ii), the Employer may vary the rostered start and 
finish times and days of work of an employee upon giving the employee seven 
days' notice in writing. 

{c) By agreement between the parties and the employees concerned, ordinary 
hours not exceeding twelve {12) on any day may be worked. 

5.2 MEAL BREAKS 

Employees shall be allowed a minimum of 30 minutes on each working day for the 
purpose of taking a meal break. Such meal breaks may be staggered within each 
particular work area in order that organisational requirements may be maintained 
wherever possible. Such breaks shall be unpaid. 

5.3 OVERTIME 

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(a) The parties acknowledge that the Employer is a destination marketing and 
events organisation which may require employees to perform weekend or 
evening work on occasion. 

{b) Payment for working overtime 

An employee will be paid the following overtime rates for overtime worked 
during the following periods: 

For overtime worked Overtime rate 
%of minimum 

hourly rate 

Monday to Saturday outside ordinary hours-first 3 hours 150 

Monday to Saturday outside ordinary hours-after 3 hours 200 

Sunday 200 

Gazetted public holiday-during ordinary hours 150 

Gazetted public holiday-in excess of ordinary hours 250 

Page 21 of SO 


5. PART 5 HOURS OF WORK, BREAKS, OVERTIME & WEEKEND WORK 5.1 HOURS OF WORK Ordinary Hours (a) The parties recognise that the Employer operates in the Tourism industry and non-traditional hours of work are common. To this end, Employees shall be employed on the basis that the ordinary working hours will be 7am to 8pm from Monday to Friday. (b) Subject to sub-clause 2.1(a)(ii), the Employer may vary the rostered start and finish times and days of work of an employee upon giving the employee seven days' notice in writing. (c) By agreement between the parties and the employees concerned, ordinary hours not exceeding twelve (12) on any day may be worked. 5.2 MEAL BREAKS Employees shall be allowed a minimum of 30 minutes on each working day for the purpose of taking a meal break. Such meal breaks may be staggered within each particular work area in order that organisational requirements may be maintained wherever possible. Such breaks shall be unpaid. 5.3 OVERTIME (a) The parties acknowledge that the Employer is a destination marketing and events organisation which may require employees to perform weekend or evening work on occasion. (b) Payment for working overtime An employee will be paid the following overtime rates for overtime worked during the following periods: For overtime worked Overtime rate % of minimum hourly rate Monday to Saturday outside ordinary hours-first 3 hours 150 Monday to Saturday outside ordinary hours-after 3 hours 200 Sunday 200 Gazetted public holiday-during ordinary hours 150 Gazetted public holiday-in excess of ordinary hours 250 Page 21 of 50 OFFICIAL




 



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(c) Overtime should not be worked unless approved by the Employees People 
Leader in advance of working the overtime hours. 

(d) An employee who is directed to and does work overtime at the hours required 
by the Employer on Saturday, Sunday and Public Holidays shall be paid a 
minimum of three hours at the appropriate rates of pay. 

(e) Where overtime commences on one calendar day and extends into the following 
calendar day, the whole period of overtime shall be deemed to have been 
worked on the former day for the purposes of calculation of overtime. 

(f) Overtime - staff working less than 38 hours a week 

Subject to clause 5.3(g), a part-time Employee must be compensated for 
overtime in accordance with clause 5.3(a) for work performed: 

(i) after 38 hours has been worked in any week; or 

(ii) in excess of agreed hours; or 

(iii) outside the span of hours in clause 5.l(a). 

(g) Exceptions 

(i) Clause 5.3(b) does not apply to employees classified in Band 3 or 
higher. 

(h) Rest period after overtime 

When overtime is necessary, it shall wherever reasonably practicable, be so 
arranged that employees have at least 10 consecutive hours off duty between 
the work of successive days. 

(i) Time off in lieu of overtime worked 

Where an employee performs duty on overtime, the employee and the Employer 
may, by mutual agreement, allow the Employee to be released from duty in 
ordinary hours, in lieu of being paid overtime, subject to the following 
conditions: 

(i) The agreement shall be in writing; 

(ii) Wherever reasonably possible, the agreement shall be made prior to 
the overtime being performed; 

(iii) All time in lieu shall be on an hour for hour basis, that is, if an employee 
works one hour overtime they shall be entitled to one hour in lieu at 
such later time as is mutually agreed; and 

(iv) Employees shall not accrue more than five days under this clause. 
Where an employee has accrued five days, they will not be required to 
work any overtime hours unless they have taken some or all of their 
accrued days in lieu. 

Page 22 of SO 


(c) Overtime should not be worked unless approved by the Employees People Leader in advance of working the overtime hours. (d) An employee who is directed to and does work overtime at the hours required by the Employer on Saturday, Sunday and Public Holidays shall be paid a minimum of three hours at the appropriate rates of pay. (e) Where overtime commences on one calendar day and extends into the following calendar day, the whole period of overtime shall be deemed to have been worked on the former day for the purposes of calculation of overtime. (f) Overtime - staff working less than 38 hours a week Subject to clause 5.3(g), a part-time Employee must be compensated for overtime in accordance with clause 5.3(a) for work performed: (i) after 38 hours has been worked in any week; or (ii) in excess of agreed hours; or (iii) outside the span of hours in clause 5.1(a). (g) Exceptions (i) Clause 5.3(b) does not apply to employees classified in Band 3 or higher. (h) Rest period after overtime When overtime is necessary, it shall wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days. (i) Time off in lieu of overtime worked Where an employee performs duty on overtime, the employee and the Employer may, by mutual agreement, allow the Employee to be released from duty in ordinary hours, in lieu of being paid overtime, subject to the following conditions: (i) The agreement shall be in writing; (ii) Wherever reasonably possible, the agreement shall be made prior to the overtime being performed; (iii) All time in lieu shall be on an hour for hour basis, that is, if an employee works one hour overtime they shall be entitled to one hour in lieu at such later time as is mutually agreed; and (iv) Employees shall not accrue more than five days under this clause. Where an employee has accrued five days, they will not be required to work any overtime hours unless they have taken some or all of their accrued days in lieu. Page 22 of 50 OFFICIAL




 



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5.4 ANNUAL SHUT DOWN 

(a) The purpose of this clause is to enable the Employer to closedown part or all of 
its operations for the Christmas period (closedown period). 

(b) Where the Employer intends to closedown part or all of its operations for the 
closedown period, the Employer: 

(i) will notify relevant Employees in writing of this intention no later than 1 
October of the year in which the closedown is to take place; 

(ii) will not close for longer than four business days; 

(iii) will request relevant Employees to utilise any accrued time in lieu or 
accrued leave entitlements; 

(iv) may require a minimum level of staffing to meet the operational 
requirements of the workplace. 

(c) Where the Employee has insufficient leave accruals or time in lieu, the Employer 
will allow Employees to be paid up to three days Annual Leave in advance of 
their accruals. 

Page 23 of 50 


5.4 ANNUAL SHUT DOWN (a) The purpose of this clause is to enable the Employer to closedown part or all of its operations for the Christmas period (closedown period). (b) Where the Employer intends to closedown part or all of its operations for the closedown period, the Employer: (i) will notify relevant Employees in writing of this intention no later than 1 October of the year in which the closedown is to take place; (ii) will not close for longer than four business days; (iii) will request relevant Employees to utilise any accrued time in lieu or accrued leave entitlements; (iv) may require a minimum level of staffing to meet the operational requirements of the workplace. (c) Where the Employee has insufficient leave accruals or time in lieu, the Employer will allow Employees to be paid up to three days Annual Leave in advance of their accruals. Page 23 of 50 OFFICIAL




 



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6. PART 6 LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 

6.1 ANNUAL LEAVE 

(a) Annual leave entitlement - general 

(i) For each year of service an employee is entitled to four weeks paid 
annual leave. 

(ii) Part-time employees accrue paid annual leave on a pro-rata basis based 
on their ordinary hours of work as agreed. 

(iii) Casual employees are not entitled to paid Annual Leave. 

(iv) Annual leave accrues progressively during a year of service according to 
the employee's ordinary hours of work, and accumulates from year to 
year. 

(v) Those employees who were entitled to annual leave loading at the 
commencement of this Agreement, shall remain entitled to payment of 
17.50% leave loading when annual leave is taken. This entitlement to 
leave loading shall cease as at 30 June 2021. That is, no employee will 
be entitled to leave loading from 1 July 2021. 

(vi) Employees who are entitled to leave loading as at 30 June 2021 shall 
have an amount paid to them that is the equivalent to a calculation of 
the 17.50% annual leave loading on all accrued annual leave as at 30 
June 2021. This payment will be processed in the July 2021 monthly 
payroll. 

(b) Annual Leave in Advance 

(i) An employer and employee may agree in writing to the employee taking 
a period of paid annual leave before the employee has accrued an 
entitlement to the leave. 

(ii) An agreement must: 

A state the amount of leave to be taken in advance and the date 
on which leave is to commence; and 

B be signed by the employer and employee and, if the employee 
is under 18 years of age, by the employee's parent or guardian. 

(iii) The employer must keep a copy of any agreement under clause 6.l(b) as 
an employee record. 

(iv) If, on the termination of the employee' s employment, the employee has 
not accrued an entitlement to all of a period of paid annual leave 
already taken in accordance with an agreement under clause 6.l(b), the 
employer may deduct from any money due to the employee on 
termination an amount equal to the amount that was paid to the 

Page 24 of 50 


6. PART 6 LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 6.1 ANNUAL LEAVE (a) Annual leave entitlement - general (i) For each year of service an employee is entitled to four weeks paid annual leave. (ii) Part-time employees accrue paid annual leave on a pro-rata basis based on their ordinary hours of work as agreed. (iii) Casual employees are not entitled to paid Annual Leave. (iv) Annual leave accrues progressively during a year of service according to the employee's ordinary hours of work, and accumulates from year to year. (v) Those employees who were entitled to annual leave loading at the commencement of this Agreement, shall remain entitled to payment of 17.50% leave loading when annual leave is taken. This entitlement to leave loading shall cease as at 30 June 2021. That is, no employee will be entitled to leave loading from 1 July 2021. (vi) Employees who are entitled to leave loading as at 30 June 2021 shall have an amount paid to them that is the equivalent to a calculation of the 17.50% annual leave loading on all accrued annual leave as at 30 June 2021. This payment will be processed in the July 2021 monthly payroll. (b) Annual Leave in Advance (i) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave. (ii) An agreement must: A state the amount of leave to be taken in advance and the date on which leave is to commence; and B be signed by the employer and employee and, if the employee is under 18 years of age, by the employee's parent or guardian. (iii) The employer must keep a copy of any agreement under clause 6.1(b) as an employee record. (iv) If, on the termination of the employee's employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 6.1(b), the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the Page 24 of 50 OFFICIAL




 



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employee in respect of any part of the period of annual leave taken in 
advance to which an entitlement has not been accrued. 

(c) Where the Employer requires an employee to take any annual leave credited to 
him or her, the Employer shall give an employee at least one month's notice of 
the date from which the employee's annual leave is required to be taken. 

(d) Subject to the foregoing, on termination of employment, an amount equivalent 
to the pay for any untaken annual leave shall be paid to the employee. 

(e) Annual leave shall be exclusive of any public holidays, which may occur during 
the period of that annual leave and shall be paid for by the Employer in advance. 

(f) An employee shall be paid at the ordinary rate payable to the employee 
concerned immediately prior to that leave taken under this Agreement. 

(g) Cashing out annual leave 

(i) Paid annual leave must not be cashed out except in accordance with an 
agreement under clause 6.l(g). 

(ii) Each cashing out of a particular amount of paid annual leave must be 
the subject of a separate agreement under clause 6.l(g). 

(iii) An employer and an employee may agree in writing to the cashing out 
of a particular amount of accrued paid annual leave by the employee. 

(iv) An agreement under clause 6.l(g) must state: 

A the amount of leave to be cashed out and the payment to be 
made to the employee for it; and 

B the date on which the payment is to be made. 

(v) An agreement under clause 6.l(g) must be signed by the employer and 
employee and, if the employee is under 18 years of age, by the 
employee's parent or guardian. 

(vi) The payment must not be less than the amount that would have been 
payable had the employee taken the leave at the time the payment is 
made. 

(vii) An agreement must not result in the employee's remaining accrued 
entitlement to paid annual leave being less than 4 weeks. 

(viii) The maximum amount of accrued paid annual leave that may be cashed 
out in any period of 12 months is four weeks. 

(ix) The employer must keep a copy of any agreement under clause 6.l(g) as 
an employee record. 

Page 25 of 50 


employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. (c) Where the Employer requires an employee to take any annual leave credited to him or her, the Employer shall give an employee at least one month's notice of the date from which the employee's annual leave is required to be taken. (d) Subject to the foregoing, on termination of employment, an amount equivalent to the pay for any untaken annual leave shall be paid to the employee. (e) Annual leave shall be exclusive of any public holidays, which may occur during the period of that annual leave and shall be paid for by the Employer in advance. (f) An employee shall be paid at the ordinary rate payable to the employee concerned immediately prior to that leave taken under this Agreement. (g) Cashing out annual leave (i) Paid annual leave must not be cashed out except in accordance with an agreement under clause 6.1(g). (ii) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 6.1(g). (iii) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee. (iv) An agreement under clause 6.1(g) must state: A the amount of leave to be cashed out and the payment to be made to the employee for it; and B the date on which the payment is to be made. (v) An agreement under clause 6.1(g) must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee's parent or guardian. (vi) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made. (vii) An agreement must not result in the employee's remaining accrued entitlement to paid annual leave being less than 4 weeks. (viii) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is four weeks. (ix) The employer must keep a copy of any agreement under clause 6.1(g) as an employee record. Page 25 of 50 OFFICIAL




 



6.2 PERSONAL LEAVE 

(a) Full time employees shall be entitled to accrue 15 days personal leave per year of 
service. Part time employees shall accrue personal leave on a pro-rata basis. 

(b) Casual employees are not entitled to paid personal leave. 

(c) An employee, other than a casual employee, who is unable to attend for duty 
during his/her ordinary working hours by reason of personal illness or personal 
incapacity shall be entitled to be paid at ordinary rate of pay for the time of such 
non-attendance subject to the following: 

(i) An employee shall not be entitled to paid leave of absence for any 
period in respect of which the employee is entitled to workers' 
compensation. 

(ii) An employee shall, as soon as reasonably possible, inform the Employer 
of his/her inability to attend for duty and the estimated duration of the 
same. 

(iii) Medical certificates, or statutory declarations, are to be provided for 
any absence in excess of two working days, or where five single days 
have been taken within a rolling 12 month period. 

(d) Any period of paid personal leave allowed by the Employer to the employee in 
any such year shall be deducted from the period of personal leave which may be 
allowed or carried forward in this Agreement in respect of such year. 

(e) The unused accrued leave under this clause shall accumulate from year to year. 

6.3 CARER'S LEAVE 

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(a) An employee with responsibilities in relation to an immediate family or 
household member who is sick or injured, shall be entitled to use accrued 
personal leave for absences to provide care and support to those persons. 

(b) The employee shall, if required, provide reasonable evidence of the illness, injury 
or emergency affecting the person concerned. 

(c) The entitlement to use personal leave in accordance with this sub-clause is 
subject to: 

(i) the employee being responsible for the care and support of the person 
concerned; and 

(ii) the immediate family member being a: 

A spouse or former spouse of the employee, including same-sex 
spouses; 

B de facto partner or former defacto partner of the employee, 
including same-sex partners; 

Page 26 of SO 


6.2 PERSONAL LEAVE (a) Full time employees shall be entitled to accrue 15 days personal leave per year of service. Part time employees shall accrue personal leave on a pro-rata basis. (b) Casual employees are not entitled to paid personal leave. (c) An employee, other than a casual employee, who is unable to attend for duty during his/her ordinary working hours by reason of personal illness or personal incapacity shall be entitled to be paid at ordinary rate of pay for the time of such non-attendance subject to the following: (i) An employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to workers' compensation. (ii) An employee shall, as soon as reasonably possible, inform the Employer of his/her inability to attend for duty and the estimated duration of the same. (iii) Medical certificates, or statutory declarations, are to be provided for any absence in excess of two working days, or where five single days have been taken within a rolling 12 month period. (d) Any period of paid personal leave allowed by the Employer to the employee in any such year shall be deducted from the period of personal leave which may be allowed or carried forward in this Agreement in respect of such year. (e) The unused accrued leave under this clause shall accumulate from year to year. 6.3 CARER'S LEAVE (a) An employee with responsibilities in relation to an immediate family or household member who is sick or injured, shall be entitled to use accrued personal leave for absences to provide care and support to those persons. (b) The employee shall, if required, provide reasonable evidence of the illness, injury or emergency affecting the person concerned. (c) The entitlement to use personal leave in accordance with this sub-clause is subject to: (i) the employee being responsible for the care and support of the person concerned; and (ii) the immediate family member being a: A spouse or former spouse of the employee, including same-sex spouses; B de facto partner or former defacto partner of the employee, including same-sex partners; Page 26 of 50 OFFICIAL




 



C child; 

D parent; 

E grandparent; 

F grandchild; 

G sibling; 

H child, parent, grandparent, grandchild or sibling of the 
employee's spouse or de facto spouse (or former spouse or de 
facto spouse}; or 

as otherwise agreed between the Employee and the Employer. 

(iii} An immediate family member also includes step-relations or adoptive 
relations of members listed above. 

(iv) A household member is any person who lives with the employee. 

(v} An employee shall, wherever practicable, give the Employer notice prior 
to the absence of the intention to take leave, the name of the person 
requiring care and their relationship to the employee, and the estimated 
length of absence. If it is not practicable for the employee to give prior 
notice of absence, the employee shall notify the Employer by telephone 
of such absence at the first opportunity on the day of absence. 

(d} Unpaid Carer' s Leave 

(i) An employee, including a casual employee, is entitled to two days of 
unpaid carer's leave for each occasion when a member of the 
employee's immediate family or household requires care or support 
because of a personal illness, injury or an unexpected emergency. 

(ii} Leave can be taken in a continuous period of up to two days or any 
separate periods as agreed between the Employer and the Employee. 

(iii} An employee cannot take unpaid carer' s leave if they could instead take 
paid personal/carer's leave. 

6.4 COMPASSIONATE LEAVE 

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(a} An employee, other than a Casual employee, shall be entitled to up to three 
days' paid compassionate leave on each permissible occasion when a member of 
the employee's immediate family or a member of the employee's household (as 
defined in subclauses 6.3(c}(ii}, 6.3(c}(iii} and 6.3(c}(iv) of this clause}: 

(i} contracts or develops a personal illness or injury that poses a serious 
threat to his or her life; or 

(ii) dies. 

Page 27 of SO 


C child; D parent; E grandparent; F grandchild; G sibling; H child, parent, grandparent, grandchild or sibling of the employee's spouse or de facto spouse (or former spouse or de facto spouse); or 1 as otherwise agreed between the Employee and the Employer. (iii) An immediate family member also includes step-relations or adoptive relations of members listed above. (iv) A household member is any person who lives with the employee. (v) An employee shall, wherever practicable, give the Employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the Employer by telephone of such absence at the first opportunity on the day of absence. (d) Unpaid Carer's Leave (i) An employee, including a casual employee, is entitled to two days of unpaid carer's leave for each occasion when a member of the employee's immediate family or household requires care or support because of a personal illness, injury or an unexpected emergency. (ii) Leave can be taken in a continuous period of up to two days or any separate periods as agreed between the Employer and the Employee. (iii) An employee cannot take unpaid carer's leave if they could instead take paid personal/carer's leave. 6.4 COMPASSIONATE LEAVE (a) An employee, other than a Casual employee, shall be entitled to up to three days' paid compassionate leave on each permissible occasion when a member of the employee's immediate family or a member of the employee's household (as defined in subclauses 6.3(c)(ii), 6.3(c)(iii) and 6.3(c)(iv) of this clause): (i) contracts or develops a personal illness or injury that poses a serious threat to his or her life; or (ii) dies. Page 27 of 50 OFFICIAL




 



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(b) A casual employee shall be entitled to up to two days of unpaid compassionate 
leave on each permissible occasion in circumstances set out above. 

(c) The employee must notify the employer as soon as practicable of the intention 
to take compassionate leave and will provide, to the satisfaction of the 
employer, reasonable evidence of the reason for taking compassionate leave. 

6.5 PARENTAL LEAVE 

(a) Application 

(i) Full time, part time and Eligible Casual Employees are entitled to 
parental leave under this clause if: 

A the leave is associated with: 

(I) the birth of a child of the Employee or the Employee's 
Spouse; or 

(II) the placement of a child with the Employee for 
adoption; and 

B the Employee has or will have a responsibility for the care of 
the child; and 

C As at the expected date of birth or placement of the child, the 
Employee has completed their probation period. 

(b) Definitions 

For the purposes of this clause: 

(i) Eligible Casual Employee means a casual Employee: 

A employed by the Employer 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 

B who has, but for accessing parental leave under this clause, a 
reasonable expectation of continuing employment by the 
employer on a regular and systematic basis. 

(ii) Continuous Service is work for the Employer on a regular and systematic 
basis (including any period of authorised leave). 

(iii) Child means: 

A in relation to birth-related leave, a child (or children from a 
multiple birth) of the Employee or the Employee's Spouse; 

B in relation to adoption-related leave, a child (or children) who 
will be placed with an Employee, and: 

Page 28 of SO 


(b) A casual employee shall be entitled to up to two days of unpaid compassionate leave on each permissible occasion in circumstances set out above. (c) The employee must notify the employer as soon as practicable of the intention to take compassionate leave and will provide, to the satisfaction of the employer, reasonable evidence of the reason for taking compassionate leave. 6.5 PARENTAL LEAVE (a) Application (i) Full time, part time and Eligible Casual Employees are entitled to parental leave under this clause if: A the leave is associated with: (1) the birth of a child of the Employee or the Employee's Spouse; or (II) the placement of a child with the Employee for adoption; and B the Employee has or will have a responsibility for the care of the child; and C As at the expected date of birth or placement of the child, the Employee has completed their probation period. (b) Definitions For the purposes of this clause: (i) Eligible Casual Employee means a casual Employee: A employed by the Employer 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 B who has, but for accessing parental leave under this clause, a reasonable expectation of continuing employment by the employer on a regular and systematic basis. (ii) Continuous Service is work for the Employer on a regular and systematic basis (including any period of authorised leave). (iii) Child means: A in relation to birth-related leave, a child (or children from a multiple birth) of the Employee or the Employee's Spouse; B in relation to adoption-related leave, a child (or children) who will be placed with an Employee, and: Page 28 of 50 OFFICIAL




 



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(I) who is, or will be, under 16 as at the day of placement, 
or the expected day of placement; 

(II} 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 

(Ill} is not (otherwise than because of the adoption) a child 
of the Employee or the Employee's spouse. 

(iv) Primary Caregiver means the person who is the primary carer of a 
newborn or newly adopted Child. 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 or the 
initial primary carer of a newly adopted child. 

(v) Secondary Caregiver means a person who has parental responsibility for 
the Child but is not the Primary Caregiver. 

(vi) 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. 

(c) Summary of Parental Leave Entitlements 

The following summary of entitlements applies to Employees who have 
completed probation. 

Paid leave Unpaid leave Total 

Primary Caregiver 

Full time or Part time 14 weeks Up to 38 weeks 52 weeks 
employee 

Eligible casual employee O weeks Up to 52 weeks 52 weeks 

Secondary Caregiver 

Full time or Part time 4 weeks Up to 48 weeks 52 weeks 
employees 

Eligible casual employee 0 weeks Up to 52 weeks 52 weeks 

Page 29 of 50 


(1) who is, or will be, under 16 as at the day of placement, or the expected day of placement; (11) 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 (III) is not (otherwise than because of the adoption) a child of the Employee or the Employee's spouse. (iv) Primary Caregiver means the person who is the primary carer of a newborn or newly adopted Child. 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 or the initial primary carer of a newly adopted child. (v) Secondary Caregiver means a person who has parental responsibility for the Child but is not the Primary Caregiver. (vi) 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. (c) Summary of Parental Leave Entitlements The following summary of entitlements applies to Employees who have completed probation. Paid leave Unpaid leave Total Primary Caregiver Full time or Part time 14 weeks Up to 38 weeks 52 weeks employee Eligible casual employee 0 weeks Up to 52 weeks 52 weeks Secondary Caregiver Full time or Part time 4 weeks Up to 48 weeks 52 weeks employees Eligible casual employee 0 weeks Up to 52 weeks 52 weeks Page 29 of 50 OFFICIAL




 



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Paid leave Unpaid leave Total 

Permanent Care Leave 

Full time or Part time 14 weeks Up to 38 weeks 52 weeks 
employee 

(d) Parental Leave - Primary Caregiver 

(i) A full time or part time employee is entitled to up to 52 weeks parental 
leave, comprising: 

A 14 weeks paid parental leave; and 

B up to 38 weeks unpaid parental leave. 

(ii) An Eligible Casual Employee who will be the Primary Caregiver at the 
time of the birth or adoption of their Child is entitled to up to 52 weeks 
unpaid parental leave. 

(iii) Only one parent can receive Primary Caregiver parental leave 
entitlements in respect to the birth or adoption of their Child. An 
Employee cannot receive Primary Caregiver parental leave entitlements: 

A if their Spouse is, or will be, the Primary Caregiver at the time 
of the birth or adoption of their Child; 

B if their Spouse has received, or will receive, paid maternity 
leave, primary caregiver entitlements, or a similar entitlement, 
from their employer; or 

C if the Employee has received, or will receive, Secondary 
Caregiver parental leave entitlements in relation to their Child. 

(iv) A period of parental leave taken in accordance with this clause must be 
for a single continuous period. 

(e) Parental Leave - Secondary Caregiver 

(i) A permanent employee is entitled to up to 52 weeks parental leave, 
comprising: 

A 4 weeks paid parental leave; and 

B up to 48 weeks unpaid parental leave. 

(ii) 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. 

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Paid leave Unpaid leave Total Permanent Care Leave Full time or Part time 14 weeks Up to 38 weeks 52 weeks employee (d) Parental Leave - Primary Caregiver (i) A full time or part time employee is entitled to up to 52 weeks parental leave, comprising: A 14 weeks paid parental leave; and B up to 38 weeks unpaid parental leave. (ii) An Eligible Casual Employee who will be the Primary Caregiver at the time of the birth or adoption of their Child is entitled to up to 52 weeks unpaid parental leave. (iii) Only one parent can receive Primary Caregiver parental leave entitlements in respect to the birth or adoption of their Child. An Employee cannot receive Primary Caregiver parental leave entitlements: A if their Spouse is, or will be, the Primary Caregiver at the time of the birth or adoption of their Child; B if their Spouse has received, or will receive, paid maternity leave, primary caregiver entitlements, or a similar entitlement, from their employer; or C if the Employee has received, or will receive, Secondary Caregiver parental leave entitlements in relation to their Child. (iv) A period of parental leave taken in accordance with this clause must be for a single continuous period. (e) Parental Leave - Secondary Caregiver (i) A permanent employee is entitled to up to 52 weeks parental leave, comprising: A 4 weeks paid parental leave; and B up to 48 weeks unpaid parental leave. (ii) 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. Page 30 of 50 OFFICIAL




 



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(iii} Only one parent can receive Secondary Caregiver parental leave 
entitlements in respect to the birth or adoption of their Child. 

(iv} An Employee cannot receive Secondary Caregiver parental leave 
entitlements where the Employee has received Primary Caregiver 
parental leave entitlements in relation to their Child. 

(f} Pre-Adoption Leave 

(i} 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. 

(ii) The Employee and the Employer should agree on the length of the 
unpaid leave. Where agreement cannot be reached, the Employee is 
entitled to take up to two days unpaid leave. 

(iii} Where paid leave is available to the Employee, the Employer may 
require the Employee to take such leave instead. 

(iv} The Employer may require the Employee to provide satisfactory 
evidence supporting the leave. 

(g} Permanent Care Leave 

If, pursuant to the Children, Youth and Families Act 2005 (Vic} or any successor to 
that legislation, an Employee (other than a casual Employee), is granted a 
permanent care order in relation to the custody or guardianship of a child and 
the Employee is the Primary Caregiver for that child, the Employee will be 
entitled to 14 weeks' paid leave at a time to be agreed with the Employer. 

(h) Continuing to Work while Pregnant 

(i} The Employer may require a pregnant Employee to provide a medical 
certificate stating that the Employee is fit to work their normal duties 
where the Employee: 

A continues to work within a six week period immediately prior to 
the expected date of birth of the child; or 

B is on paid leave under clause 6.S{j)(ii}. 

(ii) The Employer may require the Employee to start parental leave if the 
Employee: 

A does not give the Employer the requested certificate within 
seven days of the request; or 

B gives the Employer a medical certificate stating that the 
Employee is unfit to work. 

Page 31 of 50 


(iii) Only one parent can receive Secondary Caregiver parental leave entitlements in respect to the birth or adoption of their Child. (iv) An Employee cannot receive Secondary Caregiver parental leave entitlements where the Employee has received Primary Caregiver parental leave entitlements in relation to their Child. (f) Pre-Adoption Leave (i) 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. (ii) The Employee and the Employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the Employee is entitled to take up to two days unpaid leave. (iii) Where paid leave is available to the Employee, the Employer may require the Employee to take such leave instead. (iv) The Employer may require the Employee to provide satisfactory evidence supporting the leave. (g) Permanent Care Leave If, pursuant to the Children, Youth and Families Act 2005 (Vic) or any successor to that legislation, an Employee (other than a casual Employee), is granted a permanent care order in relation to the custody or guardianship of a child and the Employee is the Primary Caregiver for that child, the Employee will be entitled to 14 weeks' paid leave at a time to be agreed with the Employer. (h) Continuing to Work while Pregnant (i) The Employer may require a pregnant Employee to provide a medical certificate stating that the Employee is fit to work their normal duties where the Employee: A continues to work within a six week period immediately prior to the expected date of birth of the child; or B is on paid leave under clause 6.5(j)(ii). (ii) The Employer may require the Employee to start parental leave if the Employee: A does not give the Employer the requested certificate within seven days of the request; or B gives the Employer a medical certificate stating that the Employee is unfit to work. Page 31 of 50 OFFICIAL




 



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(i) Personal / Carer's Leave 

A pregnant Employee, not then on parental leave, who is suffering from an 
illness whether related or not to the pregnancy, may take any paid and/or 
unpaid personal/carer's leave in accordance with clause 6.2. 

(j) Transfer to a Safe Job 

(i) 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 their present work, the 
Employee will be transferred to a safe job with no other change to the 
Employee's terms and conditions of employment until the 
commencement of parental leave. 

(ii) If there is no safe job available, the employee is entitled to take paid no 
safe job leave, or the Employer may require the Employee to take no 
safe job paid leave immediately for a period which ends at the earliest 
of either: 

A when the Employee is certified unfit to work during the six 

week period before the expected date of birth by a registered 
medical practitioner; or 

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. 

(iii) The entitlement to no safe job leave is in addition to any other leave 
entitlement the Employee has. 

(k) Special Parental Leave 

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: 

(i) where the pregnancy terminates during the first 20 weeks, during the 
certified period/s the Employee is entitled to access any paid and/or 

unpaid personal/carer' s leave entitlements in accordance with clause 0; 

(ii) where the pregnancy terminates after the completion of 20 weeks, 
during the certified period/s the Employee is entitled to paid special 
maternity leave not exceeding the amount of paid parental leave 
available under clause 6.S(c) and thereafter, to unpaid special maternity 
leave. 

Page 32 of SO 


(i) Personal / Carer's Leave A pregnant Employee, not then on parental leave, who is suffering from an illness whether related or not to the pregnancy, may take any paid and/or unpaid personal/carer's leave in accordance with clause 6.2. (i) Transfer to a Safe Job (i) 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 their present work, the Employee will be transferred to a safe job with no other change to the Employee's terms and conditions of employment until the commencement of parental leave. (ii) If there is no safe job available, the employee is entitled to take paid no safe job leave, or the Employer may require the Employee to take no safe job paid leave immediately for a period which ends at the earliest of either: A when the Employee is certified unfit to work during the six week period before the expected date of birth by a registered medical practitioner; or 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. (iii) The entitlement to no safe job leave is in addition to any other leave entitlement the Employee has. (k) Special Parental Leave 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: (i) where the pregnancy terminates during the first 20 weeks, during the certified period/s the Employee is entitled to access any paid and/or unpaid personal/carer's leave entitlements in accordance with clause 0; (ii) where the pregnancy terminates after the completion of 20 weeks, during the certified period/s the Employee is entitled to paid special maternity leave not exceeding the amount of paid parental leave available under clause 6.5(c) and thereafter, to unpaid special maternity leave. Page 32 of 50 OFFICIAL




 



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(I) Notice and Evidence Requirements 

(i) An Employee must give at least 10 weeks written notice of the intention 
to take parental leave, including the proposed start and end dates. At 
this time, the Employee must also provide a statutory declaration 
stating: 

A that the Employee will become either the Primary Caregiver or 
Secondary Caregiver of the Child, as appropriate; 

B the particulars of any parental leave taken or proposed to be 
taken or applied for by the Employee's Spouse; and 

C that for the period of parental leave the Employee will not 
engage in any conduct inconsistent with their contract of 
employment. 

(ii) At least four weeks before the intended commencement of parental 
leave, the Employee must confirm in writing the intended start and end 
dates of the parental leave, or advise the Employer of any changes to 
the notice provided in clause 6.S(l)(i), unless it is not practicable to do 
so. 

(iii) The Employer may require the Employee to provide evidence which 
would satisfy a reasonable person of: 

A in the case of birth-related leave, the date of birth of the Child 
(including without limitation, a medical certificate stating the 
date of birth or expected date of birth); or 

B in the case of adoption-related leave, the commencement of 
the placement (or expected day of placement) of the Child and 
that the Child will be under 16 years of age as at the day of 
placement or expected day of placement. 

(iv) An Employee will not be in breach of this clause if failure to give the 
stipulated notice is occasioned by confinement or placement occurring 
earlier than the expected date or in other compelling circumstances. In 
these circumstances the notice and evidence requirements of this 
clause should be provided as soon as reasonably practicable. 

(m) Commencement of Parental leave 

(i) An Employee who is pregnant may commence Primary Caregiver 
parental leave at any time within 14 weeks prior to the expected date of 
birth of the Child. The period of parental leave must commence no later 
than the date of birth of the Child. 

(ii) In all other cases, Primary Caregiver parental leave commences on the 
day of birth or placement of the Child. 

Page 33 of SO 


(1) Notice and Evidence Requirements (i) An Employee must give at least 10 weeks written notice of the intention to take parental leave, including the proposed start and end dates. At this time, the Employee must also provide a statutory declaration stating: A that the Employee will become either the Primary Caregiver or Secondary Caregiver of the Child, as appropriate; B the particulars of any parental leave taken or proposed to be taken or applied for by the Employee's Spouse; and C that for the period of parental leave the Employee will not engage in any conduct inconsistent with their contract of employment. (ii) At least four weeks before the intended commencement of parental leave, the Employee must confirm in writing the intended start and end dates of the parental leave, or advise the Employer of any changes to the notice provided in clause 6.5(l)(i), unless it is not practicable to do So. (iii) The Employer may require the Employee to provide evidence which would satisfy a reasonable person of: A in the case of birth-related leave, the date of birth of the Child (including without limitation, a medical certificate stating the date of birth or expected date of birth); or B in the case of adoption-related leave, the commencement of the placement (or expected day of placement) of the Child and that the Child will be under 16 years of age as at the day of placement or expected day of placement. (iv) An Employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement or placement occurring earlier than the expected date or in other compelling circumstances. In these circumstances the notice and evidence requirements of this clause should be provided as soon as reasonably practicable. (m) Commencement of Parental Leave (i) An Employee who is pregnant may commence Primary Caregiver parental leave at any time within 14 weeks prior to the expected date of birth of the Child. The period of parental leave must commence no later than the date of birth of the Child. (ii) In all other cases, Primary Caregiver parental leave commences on the day of birth or placement of the Child. Page 33 of 50 OFFICIAL




 



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(iii) Secondary caregiver parental leave may commence on the day of birth 
or placement of the Child. 

(iv) The Employer and Employee may agree to alternative arrangements 
regarding the commencement of parental leave. 

(v) Unless otherwise agreed, any entitlement to paid parental leave will be 
paid from the date of commencement of parental leave. 

(n) Single Period of Parental Leave 

Parental leave is to be available to only one parent at a time, in a single unbroken 
period, except in the case of concurrent leave. 

(o) Employee Couples - Concurrent Leave 

(i) Two Employees covered by this Agreement may take up to eight weeks 
concurrent leave in connection with the birth or adoption of their Child. 

(ii) Concurrent leave may commence one week prior to the expected date 
of birth of the Child or the time of placement in the case of adoption. 

(iii) Concurrent leave can be taken in separate periods, but each block of 
concurrent leave must not be less than 2 weeks, unless the Employer 
otherwise agrees. 

(p) Parental Leave and Other Entitlements 

(i) 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 52 weeks or 
a longer period as agreed under clause 6.S(r)(ii). 

(ii) Where a Public Holiday occurs during a period of paid parental leave, 
the Public Holiday is not to be regarded as part of the paid parental 
leave and the Employer will grant the Employee a day off in lieu, to be 
taken by the Employee immediately following the period of paid 
parental leave. 

(iii) Unpaid parental leave shall not break an Employee's continuity of 
employment but it will not count as service for leave accrual or other 
purposes. 

(q) Keeping in Touch Days 

(i) During a period of parental leave an Employer and Employee may agree 
to perform work for the purpose of keeping in touch in order to 
facilitate a return to employment at the end of the period of leave. 

(ii) Keeping in touch days must be agreed and be in accordance with section 
79A of the Fair Work Act 2009. 

Page 34 of 50 


(iii) Secondary caregiver parental leave may commence on the day of birth or placement of the Child. (iv) The Employer and Employee may agree to alternative arrangements regarding the commencement of parental leave. (v) Unless otherwise agreed, any entitlement to paid parental leave will be paid from the date of commencement of parental leave. (n) Single Period of Parental Leave Parental leave is to be available to only one parent at a time, in a single unbroken period, except in the case of concurrent leave. (o) Employee Couples - Concurrent Leave (i) Two Employees covered by this Agreement may take up to eight weeks concurrent leave in connection with the birth or adoption of their Child. (ii) Concurrent leave may commence one week prior to the expected date of birth of the Child or the time of placement in the case of adoption. (iii) Concurrent leave can be taken in separate periods, but each block of concurrent leave must not be less than 2 weeks, unless the Employer otherwise agrees. (p) Parental Leave and Other Entitlements (i) 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 52 weeks or a longer period as agreed under clause 6.5(r)(ii). (ii) Where a Public Holiday occurs during a period of paid parental leave, the Public Holiday is not to be regarded as part of the paid parental leave and the Employer will grant the Employee a day off in lieu, to be taken by the Employee immediately following the period of paid parental leave. (iii) Unpaid parental leave shall not break an Employee's continuity of employment but it will not count as service for leave accrual or other purposes (q) Keeping in Touch Days (i) During a period of parental leave an Employer and Employee may agree to perform work for the purpose of keeping in touch in order to facilitate a return to employment at the end of the period of leave. (ii) Keeping in touch days must be agreed and be in accordance with section 79A of the Fair Work Act 2009. Page 34 of 50 OFFICIAL




 



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(r) Extending Parental Leave 

(i) Extending the initial period of parental leave 

A An Employee who is on an initial period of parental leave of less 
than 52 weeks under clause 6.5(d) or 6.5(e), may extend the 
period of their parental leave on one occasion up to the full 52 
week entitlement. 

B The Employee must notify the Employer in writing at least four 
weeks prior to the end date of their initial parental leave 
period. The notice must specify the new end date of the 
parental leave. 

(ii) Right to request an extension to parental leave 

A An Employee who is on parental leave under clause 6.5(d) or 
6.5(e) may request an extension of unpaid parental leave for a 
further period of up to 12 months immediately following the 
end of the current parental leave period. 

B In the case of an Employee who is a member of an employee 
couple, the period of the extension cannot exceed 12 months, 
less any period of parental leave that the other member of the 
Employee couple will have taken in relation to the Child. 

C The Employee's request must be in writing and given to the 
Employer at least 4 weeks before the end of the current 
parental leave period. The request must specify any parental 
leave that the Employee's spouse will have taken. 

D The Employer shall consider the request having regard to the 
Employee's circumstances and, provided the request is based 
on the Employee's parental responsibilities, may only refuse 
the request on reasonable business grounds. 

E The Employer must not refuse the request unless the Employer 
has given the Employee a reasonable opportunity to discuss the 
request. 

F The Employer must give a written response to the request as 
soon as practicable, and no later than 21 days after the request 
is made. The response must include the details of the reasons 
for any refusal. 

(iii) Total period of parental leave 

A The total period of parental leave, including any extensions, 
must not extend beyond 24 months. 

B In the case of an employee Couple, the total period of parental 
leave for both parents combined, including any extensions, 

Page 35 of SO 


(r) Extending Parental Leave (i) Extending the initial period of parental leave A An Employee who is on an initial period of parental leave of less than 52 weeks under clause 6.5(d) or 6.5(e), may extend the period of their parental leave on one occasion up to the full 52 week entitlement. B The Employee must notify the Employer in writing at least four weeks prior to the end date of their initial parental leave period. The notice must specify the new end date of the parental leave. (ii) Right to request an extension to parental leave A An Employee who is on parental leave under clause 6.5(d) or 6.5(e) may request an extension of unpaid parental leave for a further period of up to 12 months immediately following the end of the current parental leave period. B In the case of an Employee who is a member of an employee couple, the period of the extension cannot exceed 12 months, less any period of parental leave that the other member of the Employee couple will have taken in relation to the Child. C The Employee's request must be in writing and given to the Employer at least 4 weeks before the end of the current parental leave period. The request must specify any parental leave that the Employee's spouse will have taken. D The Employer shall consider the request having regard to the Employee's circumstances and, provided the request is based on the Employee's parental responsibilities, may only refuse the request on reasonable business grounds. E The Employer must not refuse the request unless the Employer has given the Employee a reasonable opportunity to discuss the request. F The Employer must give a written response to the request as soon as practicable, and no later than 21 days after the request is made. The response must include the details of the reasons for any refusal. (iii) Total period of parental leave A The total period of parental leave, including any extensions, must not extend beyond 24 months. B In the case of an employee Couple, the total period of parental leave for both parents combined, including any extensions, Page 35 of 50 OFFICIAL




 



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must not extend beyond 24 months. The Employee's 
entitlement to parental leave under clause 6.S(d) or 6.S(e) will 
reduce by the period of any extension taken by a member of 
the couple under clause 0. 

(s) Calculation of Pay for the Purposes of Paid Parental Leave 

(i) The calculation of weekly pay for paid parental leave purposes will be 
based on the average number of ordinary hours worked by the 
Employee over the past three years. The calculation will exclude periods 
of unpaid parental leave. 

(ii) The average number of weekly hours worked by the Employee, 
determined in accordance with clause 6.S(s)(i) above, will be then 
applied to the annual salary applicable to the Employee's classification 
and salary point at the time of taking parental leave to determine the 
actual rate of pay whilst on parental leave. 

(iii) Despite 6.S(s)(i), an Employee who reduces the time fraction they work 
to better cope during pregnancy will not have their subsequent paid 
parental leave reduced accordingly. This will also include a temporary 
reduction in the time fraction worked when the employee returns from 
a period of parental leave. 

(iv) Half Pay 

The Employee may elect to take any paid parental leave entitlement at 
half pay for a period equal to twice the period to which the Employee 
would otherwise be entitled. 

(t) Commonwealth Paid Parental Leave 

Paid parental leave entitlements outlined in this clause are in addition to any 
payments which may be available under the Commonwealth Paid Parental Leave 
Scheme. 

(u) Returning to Work 

(i) Returning to work early 

A During the period of parental leave an Employee may return to 
work at any time as agreed between the Employer and the 
Employee, provided that time does not exceed four weeks from 
the recommencement date desired by the Employee. 

B In the case of adoption, where the placement of an eligible 
child with an Employee does not proceed or continue, the 
Employee will notify the Employer immediately and the 
Employer will nominate a time not exceeding four weeks from 
receipt of notification for the Employee's return to work. 

Page 36 of 50 


must not extend beyond 24 months. The Employee's entitlement to parental leave under clause 6.5(d) or 6.5(e) will reduce by the period of any extension taken by a member of the couple under clause 0. (s) Calculation of Pay for the Purposes of Paid Parental Leave (i) The calculation of weekly pay for paid parental leave purposes will be based on the average number of ordinary hours worked by the Employee over the past three years. The calculation will exclude periods of unpaid parental leave. (ii) The average number of weekly hours worked by the Employee, determined in accordance with clause 6.5(s)(i) above, will be then applied to the annual salary applicable to the Employee's classification and salary point at the time of taking parental leave to determine the actual rate of pay whilst on parental leave. (iii) Despite 6.5(s)(i), an Employee who reduces the time fraction they work to better cope during pregnancy will not have their subsequent paid parental leave reduced accordingly. This will also include a temporary reduction in the time fraction worked when the employee returns from a period of parental leave. (iv) Half Pay The Employee may elect to take any paid parental leave entitlement at half pay for a period equal to twice the period to which the Employee would otherwise be entitled. (t) Commonwealth Paid Parental Leave Paid parental leave entitlements outlined in this clause are in addition to any payments which may be available under the Commonwealth Paid Parental Leave Scheme. (u) Returning to Work (i) Returning to work early A During the period of parental leave an Employee may return to work at any time as agreed between the Employer and the Employee, provided that time does not exceed four weeks from the recommencement date desired by the Employee. B In the case of adoption, where the placement of an eligible child with an Employee does not proceed or continue, the Employee will notify the Employer immediately and the Employer will nominate a time not exceeding four weeks from receipt of notification for the Employee's return to work. Page 36 of 50 OFFICIAL




 



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(ii} Returning to work at conclusion of leave 

A At least four weeks prior to the expiration of parental leave, the 
Employee will notify the Employer of their return to work after 
a period of parental leave. 

B Subject to 1.1.l(i}C, an Employee will be entitled to the position 
which they held immediately before proceeding on parental 
leave. In the case of an Employee transferred to a safe job 
pursuant to clause 6.S(j} above, the Employee will be entitled 
to return to the position they held immediately before such 
transfer. 

C Where such position 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 as nearly comparable in status and pay to that of their 
former position. 

(iii} Returning to work at a reduced time fraction 

A To assist an Employee in reconciling work and parental 
responsibilities, an Employee may request to return to work at 
a reduced time-fraction until their Child reaches school age, 
after which the Employee will resume their substantive time­
fraction. 

B Where an Employee wishes to make a request under 1.1.l(i}A 
such a request must be made as soon as possible but no less 
than seven weeks prior to the date upon which the Employee is 
due to return to work from parental leave. 

(v} Consultation and Communication During Parental Leave 

(i} Where an Employee is on parental leave and a definite decision has 
been made to introduce significant change at the workplace, the 
Employer shall take reasonable steps to: 

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 

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. 

Page 37 of 50 


(ii) Returning to work at conclusion of leave A At least four weeks prior to the expiration of parental leave, the Employee will notify the Employer of their return to work after a period of parental leave. B Subject to 1.1.1(i)C, an Employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an Employee transferred to a safe job pursuant to clause 6.5(j) above, the Employee will be entitled to return to the position they held immediately before such transfer. C Where such position 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 as nearly comparable in status and pay to that of their former position. (iii) Returning to work at a reduced time fraction A To assist an Employee in reconciling work and parental responsibilities, an Employee may request to return to work at a reduced time-fraction until their Child reaches school age, after which the Employee will resume their substantive time- fraction. B Where an Employee wishes to make a request under 1.1.1(i)A such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the Employee is due to return to work from parental leave. (v) Consultation and Communication During Parental Leave (i) Where an Employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Employer shall take reasonable steps to: 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 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. Page 37 of 50 OFFICIAL




 



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(ii} The Employee shall take reasonable steps to inform the Employer 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. 

(iii) The Employee shall also notify the Employer of changes of address or 
other contact details which might affect the Employer' s capacity to 
comply with clause 6.S(v)(i). 

(w) Extended Family Leave 

(i) An Employee who is the Primary Caregiver and has exhausted all 
parental leave entitlements may apply for unpaid Extended Family 
Leave as a continuous extension to their parental leave taken in 
accordance with this clause. The total amount of leave, inclusive of 
parental leave taken in accordance with this clause cannot exceed seven 
years. 

(ii) The Employee must make an application for Extended Family Leave each 
year. 

(iii) An Employee will not be entitled to paid parental leave whilst on 
Extended Family leave. 

(iv) Upon return to work the Employer may reallocate the Employee to 
other duties. 

(x) Replacement Employees 

(i) A replacement Employee is an Employee specifically engaged or 
temporarily acting on higher duties or transferred, as a result of an 
Employee proceeding on parental leave. 

(ii) Before an Employer engages a replacement Employee the Employer 
must inform that person of the temporary nature of the employment 
and of the rights of the Employee who is being replaced. 

(iii} It is agreed that the limitation in clause 3.1 on the use of fixed term 
employment to replace the Employee does not apply in this case. 

(y) Casual Employees 

The Employer must not fail to re-engage a casual Employee because the 
Employee has accessed parental leave in accordance with this clause. The rights 
of the Employer in relation to engagement and re engagement of casual 
Employees are not affected, other than in accordance with this clause. 

Page 38 of SO 


(ii) The Employee shall take reasonable steps to inform the Employer 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. (iii) The Employee shall also notify the Employer of changes of address or other contact details which might affect the Employer's capacity to comply with clause 6.5(v)(i). (w) Extended Family Leave (i) An Employee who is the Primary Caregiver and has exhausted all parental leave entitlements may apply for unpaid Extended Family Leave as a continuous extension to their parental leave taken in accordance with this clause. The total amount of leave, inclusive of parental leave taken in accordance with this clause cannot exceed seven years. (ii) The Employee must make an application for Extended Family Leave each year. (iii) An Employee will not be entitled to paid parental leave whilst on Extended Family leave. (iv) Upon return to work the Employer may reallocate the Employee to other duties. (x) Replacement Employees (i) A replacement Employee is an Employee specifically engaged or temporarily acting on higher duties or transferred, as a result of an Employee proceeding on parental leave. (ii) Before an Employer engages a replacement Employee the Employer must inform that person of the temporary nature of the employment and of the rights of the Employee who is being replaced. (iii) It is agreed that the limitation in clause 3.1 on the use of fixed term employment to replace the Employee does not apply in this case. (v) Casual Employees The Employer must not fail to re-engage a casual Employee because the Employee has accessed parental leave in accordance with this clause. The rights of the Employer in relation to engagement and re engagement of casual Employees are not affected, other than in accordance with this clause. Page 38 of 50 OFFICIAL




 



6.6 LONG SERVICE LEAVE 

(a} Long Service Leave shall be taken and paid in accordance with the Long Service 
Leave Act (Vic) 2018. 

(b} Long Service Leave shall accrue as follows: 

(i} For those employees who were covered by the VPS Enterprise 
Agreement 2016 as at 1 July 2016, leave shall accrue at a rate of 13 
weeks for every 10 years of service; 

(ii} For all other employees, leave shall accrue at a rate of 8.67 weeks for 
every 10 years of service. 

(c} Long Service Leave is accessible after seven years in accordance with the Long 
Service Leave Act (Vic) 2018 

6.7 PUBLIC HOLIDAYS 

OFFICIAL 

(a} Where the nature of the employment of Employees permits the observance of 
Public Holidays as they occur, Employees (other than casual Employees} shall be 
entitled to the following holidays without loss of pay: 

(i) New Year's Day, Good Friday, Easter Saturday, Easter Monday, 
Christmas Day, Boxing Day, Australia Day, Anzac Day, Queen's Birthday, 
Labour Day and Melbourne Cup Day. 

(ii) When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof 
shall be observed on 27 December. 

(iii) When Boxing Day is a Saturday or a Sunday, an additional holiday shall 
be observed on 28 December. 

(iv) When New Year's Day is a Saturday or a Sunday, an additional holiday 
shall be observed on the next Monday. 

(v) When Australia Day is a Saturday or a Sunday, a holiday in lieu shall be 
observed on the next Monday. 

(b) Melbourne Cup Day Substitution 

Where, outside the Melbourne Metropolitan area, a Public Holiday is proclaimed 

in that municipality for the observance of local events, that day will be observed 
as a Public Holiday in lieu of Melbourne Cup Day. 

(c) Additional or Substituted Public Holidays 

Where 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 

clauses 6.7(a) and 6. 7(b), those days shall constitute additional or substituted 
holidays for the purpose of this Agreement. 

Page 39 of 50 


6.6 LONG SERVICE LEAVE (a) Long Service Leave shall be taken and paid in accordance with the Long Service Leave Act (Vic) 2018. (b) Long Service Leave shall accrue as follows: (i) For those employees who were covered by the VPS Enterprise Agreement 2016 as at 1 July 2016, leave shall accrue at a rate of 13 weeks for every 10 years of service; (ii) For all other employees, leave shall accrue at a rate of 8.67 weeks for every 10 years of service. (c) Long Service Leave is accessible after seven years in accordance with the Long Service Leave Act (Vic) 2018 6.7 PUBLIC HOLIDAYS (a) Where the nature of the employment of Employees permits the observance of Public Holidays as they occur, Employees (other than casual Employees) shall be entitled to the following holidays without loss of pay: (i) New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day, Boxing Day, Australia Day, Anzac Day, Queen's Birthday, Labour Day and Melbourne Cup Day. (ii) When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December. (iii) When Boxing Day is a Saturday or a Sunday, an additional holiday shall be observed on 28 December. (iv) When New Year's Day is a Saturday or a Sunday, an additional holiday shall be observed on the next Monday. (v) When Australia Day is a Saturday or a Sunday, a holiday in lieu shall be observed on the next Monday. (b) Melbourne Cup Day Substitution Where, outside the Melbourne Metropolitan area, a Public Holiday is proclaimed in that municipality for the observance of local events, that day will be observed as a Public Holiday in lieu of Melbourne Cup Day. (c) Additional or Substituted Public Holidays Where 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 clauses 6.7(a) and 6.7(b), those days shall constitute additional or substituted holidays for the purpose of this Agreement. Page 39 of 50 OFFICIAL




 



(d) Substitution of Public Holiday 

(i) An Employer and his or her Employees may agree to substitute another 

day for any prescribed in this clause. For this purpose, the consent of 

the majority of affected Employees shall constitute agreement. Any such 
arrangement shall be recorded in writing and be available to every 
affected Employee. 

(ii) An Employee may by agreement with his or her Employer substitute 
another day for any prescribed in this clause to observe religious or 

cultural occasions or like reasons of significance to the Employee. 

6.8 COMMUNITY SERVICE LEAVE 

(a) Jury Service 

An employee required to attend for jury service during his/her ordinary working 

hours shall be reimbursed by the Employer an amount equal to the difference 

between the amount paid in respect of his/her attendance for such jury service 

and the amount of salary he/she would have received in respect of ordinary time 
he/she would have worked had he/she not been on jury service. 

An employee shall notify his/her Employer as soon as possible of the date upon 
which he/she is required to attend for jury service. Further, the employee shall 

give his/her Employer proof of his/her attendance, the duration of such 
attendance and the amount received in respect of such jury service. 

(b) Emergency Management Activity 

An employee is entitled to take community service leave for the purposes of 

engaging in emergency management activity in accordance with the NES. 

6.9 FAMILY VIOLENCE LEAVE 

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(a) General Principle 

(i) The Employer recognises that Employees sometimes face situations of 

violence or abuse in their personal life that may affect their attendance 

or performance at work. Therefore, the Employer is committed to 

providing support to staff that experience family violence. 

(ii) 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 40 of SO 


(d) Substitution of Public Holiday (i) An Employer and his or her Employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected Employees shall constitute agreement. Any such arrangement shall be recorded in writing and be available to every affected Employee. (ii) An Employee may by agreement with his or her Employer substitute another day for any prescribed in this clause to observe religious or cultural occasions or like reasons of significance to the Employee. 6.8 COMMUNITY SERVICE LEAVE (a) Jury Service An employee required to attend for jury service during his/her ordinary working hours shall be reimbursed by the Employer an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of salary he/she would have received in respect of ordinary time he/she would have worked had he/she not been on jury service. An employee shall notify his/her Employer as soon as possible of the date upon which he/she is required to attend for jury service. Further, the employee shall give his/her Employer proof of his/her attendance, the duration of such attendance and the amount received in respect of such jury service. (b) Emergency Management Activity An employee is entitled to take community service leave for the purposes of engaging in emergency management activity in accordance with the NES. 6.9 FAMILY VIOLENCE LEAVE (a) General Principle (i) The Employer recognises that Employees sometimes face situations of violence or abuse in their personal life that may affect their attendance or performance at work. Therefore, the Employer is committed to providing support to staff that experience family violence. (ii) 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 40 of 50 OFFICIAL




 



OFFICIAL 

(b) 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) . 

(c) Eligibility 

(i) Leave for family violence purposes is available to all Employees with the 
exception of casual Employees. 

(ii) Casual Employees are entitled to access leave without pay for family 
violence purposes. 

(d) General Measures 

(i) 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. 

(ii) All personal information concerning family violence will be kept 
confidential in line with the Employer's policies and relevant legislation. 
No information will be kept on an Employee' s personnel file without 
their express written permission. 

(iii) No adverse action will be taken against an Employee if their attendance 
or performance at work suffers as a result of experiencing family 
violence. 

(iv) The Employer will identify contact/s within the workplace who will be 
trained in family violence and associated privacy issues. The Employer 
will advertise the name of any Family Violence contacts within the 
workplace. 

(v) An Employee experiencing family violence may raise the issue with their 
immediate supervisor, Family Violence contacts, union delegate 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. 

(vi) 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 0 and clause 6.9(f). 

(vii) The Employer will develop guidelines to supplement this clause and 
which details the appropriate action to be taken in the event that an 
Employee reports family violence. 

Page 41 of SO 


(b) 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). (c) Eligibility (i) Leave for family violence purposes is available to all Employees with the exception of casual Employees. (ii) Casual Employees are entitled to access leave without pay for family violence purposes. (d) General Measures (i) 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. (ii) All personal information concerning family violence will be kept confidential in line with the Employer's policies and relevant legislation. No information will be kept on an Employee's personnel file without their express written permission. (iii) No adverse action will be taken against an Employee if their attendance or performance at work suffers as a result of experiencing family violence. (iv) The Employer will identify contact/s within the workplace who will be trained in family violence and associated privacy issues. The Employer will advertise the name of any Family Violence contacts within the workplace. (v) An Employee experiencing family violence may raise the issue with their immediate supervisor, Family Violence contacts, union delegate 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. (vi) 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 0 and clause 6.9(f). (vii) The Employer will develop guidelines to supplement this clause and which details the appropriate action to be taken in the event that an Employee reports family violence. Page 41 of 50 OFFICIAL




 



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(e) Leave 

(i) An Employee experiencing family violence will have access to 20 days 
per year of paid special leave following an event 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 and can be taken without prior approval. 

(ii) An Employee who supports a person experiencing family violence may 
utilise their personal/carer's leave entitlement to accompany them to 
court, to hospital, or to care for children. The Employer may require 
evidence consistent with clause 6.9(d)(i) from an Employee seeking to 
utilise their personal/carer's leave entitlement. 

(f) Individual Support 

(i) In order to provide support to an Employee experiencing family violence 
and to provide a safe work environment to all Employees, the Employer 
will approve any reasonable request from an Employee experiencing 
family violence for: 

A temporary or ongoing changes to their span of hours or pattern 
or hours and/or shift patterns; 

B temporary or ongoing job redesign or changes to duties; 

C temporary or ongoing relocation to suitable employment; 

D a change to their telephone number or email address to avoid 
harassing contact; 

E any other appropriate measure including those available under 
existing provisions for family friendly and flexible work 
arrangements. 

(ii) 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. 

(iii) 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. 

(iv) An Employee that discloses that they are experiencing family violence 
will be given information regarding current support services. 

Page 42 of SO 


(e) Leave (i) An Employee experiencing family violence will have access to 20 days per year of paid special leave following an event 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 and can be taken without prior approval. (ii) An Employee who supports a person experiencing family violence may utilise their personal/carer's leave entitlement to accompany them to court, to hospital, or to care for children. The Employer may require evidence consistent with clause 6.9(d)(i) from an Employee seeking to utilise their personal/carer's leave entitlement. (f) Individual Support (i) In order to provide support to an Employee experiencing family violence and to provide a safe work environment to all Employees, the Employer will approve any reasonable request from an Employee experiencing family violence for: A temporary or ongoing changes to their span of hours or pattern or hours and/or shift patterns; B temporary or ongoing job redesign or changes to duties; C temporary or ongoing relocation to suitable employment; D a change to their telephone number or email address to avoid harassing contact; E any other appropriate measure including those available under existing provisions for family friendly and flexible work arrangements. (ii) 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. (iii) 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. (iv) An Employee that discloses that they are experiencing family violence will be given information regarding current support services. Page 42 of 50 OFFICIAL




 



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6.10 OTHER LEAVE 

(a) Charity Leave 

(i) Paid charity leave with Melbourne City Mission, or another such 
organisation as determined appropriate by the Employer, is available to 
all permanent employees for up to two days per calendar year. 

(ii) Charity Leave does not accrue year to year and will not be paid out on 
termination. 

(iii) Employees must have prior approval from their People Leader providing 
evidence of what duties or function they will be performing during their 
Volunteering time and employees may be requested to prepare/ 
perform a presentation of the activities performed while volunteering 
with Melbourne City Mission and the impacts that volunteering has. 

(b) Study Leave 

(i) An employee may be entitled to paid study leave for up to two days per 
annum to prepare for or attend exams. 

(ii) Study Leave will be assessed on a case by case basis taking into 
consideration the benefit to the employee' s personal and professional 
development and to ensure they are mutually beneficial to the 
Employer. 

(iii) Study Leave does not accrue year to year and will not be paid out on 
termination. 

(c) Cultural or Ceremonial Leave 

(i) Unpaid Cultural or Ceremonial leave of up to five days per annum may 
be granted to an Employee of Aboriginal or Torres Strait Island descent. 

(ii) This leave is to be used to attend ceremonial or cultural obligations 
under Aboriginal or Torres Strait Islander lore. 

(iii) This leave is in addition to Compassionate leave granted under clause 
6.4. 

(d) Industrial Relations/ OHS Training Leave 

(i) In order to encourage co-operative workplace relations and facilitate 
the operation of this Agreement, an Employee who has been nominated 
by a Union and has been accepted by a training provider to attend a 
designated trade union training course may be granted up to five days 
leave on full pay in any one calendar year, so long as the granting of 
such leave does not unduly effect the operations of the Employer. 

(ii) The Employee may be granted the leave specified in clause 6.lO(d) 
where the Employer is satisfied that the course of training is likely to 

Page 43 of SO 


6.10 OTHER LEAVE (a) Charity Leave (i) Paid charity leave with Melbourne City Mission, or another such organisation as determined appropriate by the Employer, is available to all permanent employees for up to two days per calendar year. (ii) Charity Leave does not accrue year to year and will not be paid out on termination. (iii) Employees must have prior approval from their People Leader providing evidence of what duties or function they will be performing during their Volunteering time and employees may be requested to prepare / perform a presentation of the activities performed while volunteering with Melbourne City Mission and the impacts that volunteering has. (b) Study Leave (i) An employee may be entitled to paid study leave for up to two days per annum to prepare for or attend exams. (ii) Study Leave will be assessed on a case by case basis taking into consideration the benefit to the employee's personal and professional development and to ensure they are mutually beneficial to the Employer. (iii) Study Leave does not accrue year to year and will not be paid out on termination. (c) Cultural or Ceremonial Leave (i) Unpaid Cultural or Ceremonial leave of up to five days per annum may be granted to an Employee of Aboriginal or Torres Strait Island descent. (ii) This leave is to be used to attend ceremonial or cultural obligations under Aboriginal or Torres Strait Islander lore. (iii) This leave is in addition to Compassionate leave granted under clause 6.4 (d) Industrial Relations / OHS Training Leave (i) In order to encourage co-operative workplace relations and facilitate the operation of this Agreement, an Employee who has been nominated by a Union and has been accepted by a training provider to attend a designated trade union training course may be granted up to five days leave on full pay in any one calendar year, so long as the granting of such leave does not unduly effect the operations of the Employer. (ii) The Employee may be granted the leave specified in clause 6.10(d) where the Employer is satisfied that the course of training is likely to Page 43 of 50 OFFICIAL




 



OFFICIAL 

contribute to a better understanding of industrial relations, 
occupational health and safety, safe work practices, knowledge of 
award and other industrial entitlements and the upgrading of Employee 
skills in all aspects of trade union functions. 

(e) Ignite Day Leave 

(i) The Employer encourages Employees to experience and explore 
Melbourne and Victoria. In furtherance to this, Employees shall be 
entitled to three Ignite days per annum (pro rata for part time 
employees); 

(ii) The days shall be used during the course of a calendar year to explore 
our City or Regions to better understand or enhance our Employee's 
knowledge of the tourism or events sector; 

(iii) Employees making use of this leave will be required to provide digital 
photos of the day/ activity and a brief email description outlining the 
best features of the day/ activity, any ideas for improvements or other 
relevant recommendations; 

(iv) The days cannot be used or taken next to a period of Annual Leave and 
no more than two days are to be taken on consecutive working days; 

(v) Where the days are not utilised, Employees shall be entitled to accrue 
up to a maximum of five days. On termination, Employees are entitled 
to have the accrual, up to a maximum of five days, paid out. 

Page 44 of 50 


contribute to a better understanding of industrial relations, occupational health and safety, safe work practices, knowledge of award and other industrial entitlements and the upgrading of Employee skills in all aspects of trade union functions. (e) Ignite Day Leave (i) The Employer encourages Employees to experience and explore Melbourne and Victoria. In furtherance to this, Employees shall be entitled to three Ignite days per annum (pro rata for part time employees); (ii) The days shall be used during the course of a calendar year to explore our City or Regions to better understand or enhance our Employee's knowledge of the tourism or events sector; (iii) Employees making use of this leave will be required to provide digital photos of the day / activity and a brief email description outlining the best features of the day / activity, any ideas for improvements or other relevant recommendations; (iv) The days cannot be used or taken next to a period of Annual Leave and no more than two days are to be taken on consecutive working days; (v) Where the days are not utilised, Employees shall be entitled to accrue up to a maximum of five days. On termination, Employees are entitled to have the accrual, up to a maximum of five days, paid out. Page 44 of 50 OFFICIAL




 



APPENDIX A: VISIT VICTORIA JOB CLASSIFICATION & REMUNERATION 
FRAMEWORK 

Job bands and salary ranges 

• Visit Victoria job banding structure utilises a Points Factor model, where position descriptions 
are developed, evaluated and assigned a points level which relates to a job band. The HR team 
is responsible for evaluating position descriptions and making recommendations to Business 
Unit Leaders for endorsement. Pending the advice of HR, the Chief Executive Officer approves 
all evaluations for new or upgraded positions. 

• Guideline banding description: 

Band Position banding description 
1 • Typically a Graduate role, Internship or Traineeship 

2 • Typically a Coordinator or Executive position 

• Technical, administrative, analyst, content development or service 
responsibility 

• May be customer focused, responsible for delivering content or services, 
research, coordinating events or familiarisation visits 

3 • First level People Leader (Managerial role) or technical specialist 

• May be responsible for leading content development or new campaign 
initiatives, delivering service expertise or coordinating resources to deliver 
services, events or campaigns 

• May be a specialist in a specific field such as finance, HR, digital, website, 
specific campaigns or communication initiatives 

4 • People Leader or senior specialist role 

• Broader responsibility for strategic input or resource/budget allocation and 
financial delegation, liaising with external providers or partners 

• Increasing level of accountability to deliver key initiatives and service 
requirements, encourage innovation and continual improvement processes 

• Balance risk and governance considerations 

• High level of technical advice and risk management 

5 • Leadership/ Senior Specialist, Heads of teams or technical functions 

• Responsible for strategic direction, planning and prioritising 

• Financial delegation, governance and budget responsibility 

• High level technical specialty advice and risk management 

• Establishing and monitoring contracts and/or partnership agreements 

Page 45 of 50 

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APPENDIX A: VISIT VICTORIA JOB CLASSIFICATION & REMUNERATION FRAMEWORK Job bands and salary ranges · Visit Victoria job banding structure utilises a Points Factor model, where position descriptions are developed, evaluated and assigned a points level which relates to a job band. The HR team is responsible for evaluating position descriptions and making recommendations to Business Unit Leaders for endorsement. Pending the advice of HR, the Chief Executive Officer approves all evaluations for new or upgraded positions. Guideline banding description: Band Position banding description 1 · Typically a Graduate role, Internship or Traineeship 2 · Typically a Coordinator or Executive position Technical, administrative, analyst, content development or service responsibility May be customer focused, responsible for delivering content or services, research, coordinating events or familiarisation visits 3 First level People Leader (Managerial role) or technical specialist May be responsible for leading content development or new campaign initiatives, delivering service expertise or coordinating resources to deliver services, events or campaigns May be a specialist in a specific field such as finance, HR, digital, website, specific campaigns or communication initiatives 4 People Leader or senior specialist role · Broader responsibility for strategic input or resource/budget allocation and financial delegation, liaising with external providers or partners · Increasing level of accountability to deliver key initiatives and service requirements, encourage innovation and continual improvement processes Balance risk and governance considerations · High level of technical advice and risk management 5 Leadership / Senior Specialist, Heads of teams or technical functions Responsible for strategic direction, planning and prioritising · Financial delegation, governance and budget responsibility High level technical specialty advice and risk management Establishing and monitoring contracts and/or partnership agreements Page 45 of 50 OFFICIAL




 



• Each Band has a minimum, guideline and top of band remuneration level (not including 
superannuation). 

• In general: 
- The minimum remuneration is applied to those employees who are new to the role, 

have limited experience or defined development needs. 
The guideline rate generally applies to employees who are deemed competent to 
perform the requirements of the role. 
Remuneration above the guideline rate is generally applicable where the employee has 
extensive skills, knowledge and experience and/or market conditions require a salary to 
attract the person to perform the requirements of the role. 

• The Head of HR and Chief Financial Officer must approve all salary recommendations above the 
guideline rate for new starters or promotions. 

• Visit Victoria Band, Points and salary ranges are below (all figures are base salary, not including 
superannuation): 

Band Points Minimum Guideline Top of Band 
1 135-160 $47,489 $48,226 - $51,172 $54,855 
2 161- 268 $54,856 $57,222 - $66,690 $78,524 
3 269- 370 $78,525 $81,412 - $92,966 $107,407 
4 371- 518 $107,408 $110,666 - $123,704 $140,000 
5 519- 734 $140,001 $144,619 - $163,097 $186,194 

• Remuneration ranges are reviewed annually against external benchmark salary data. 

• Executive roles are managed and remunerated in line with Victorian Government remuneration 
principles (GSERP). 

Position description evaluation and assessment 

• Visit Victoria is an equal opportunity employer. Individual's positions are evaluated using 
consistent methodology in accordance with the role they are required to perform. 

• Any amendments or revisions of a position description will be discussed with the Employee and 
People Leaders prior to the commencement of the evaluation process. 

• If requested by an Employee, the Employer will conduct a review of the position and market 
data. 

• Employees may apply for reclassification no more than once every 24 months, with the 
exception of the following: 

a substantial change in duties and responsibilities of the employee's position occurs 
within that period due to significant organisational restructure or workplace change; or 
unless otherwise authorised by the Head of HR in exceptional circumstances. 

• The Employer will ensure that the evaluation processes are documented and are transparent 
and that reclassifications are dealt with expeditiously. The Employer will endeavour to provide 
an outcome to reclassification requests within a four-week period. 

Page 46 of SO 

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· Each Band has a minimum, guideline and top of band remuneration level (not including superannuation). · In general: - The minimum remuneration is applied to those employees who are new to the role, have limited experience or defined development needs. The guideline rate generally applies to employees who are deemed competent to perform the requirements of the role. Remuneration above the guideline rate is generally applicable where the employee has extensive skills, knowledge and experience and/or market conditions require a salary to attract the person to perform the requirements of the role. The Head of HR and Chief Financial Officer must approve all salary recommendations above the guideline rate for new starters or promotions. Visit Victoria Band, Points and salary ranges are below (all figures are base salary, not including superannuation): Band Points Minimum Guideline Top of Band 1 135 - 160 $47,489 $48,226 - $51,172 $54,855 2 161-268 $54,856 $57,222 - $66,690 $78,524 3 269 - 370 $78,525 $81,412 - $92,966 $107,407 4 371- 518 $107,408 $110,666 - $123,704 $140,000 5 519 - 734 $140,001 $144,619 - $163,097 $186,194 Remuneration ranges are reviewed annually against external benchmark salary data. · Executive roles are managed and remunerated in line with Victorian Government remuneration principles (GSERP). Position description evaluation and assessment Visit Victoria is an equal opportunity employer. Individual's positions are evaluated using consistent methodology in accordance with the role they are required to perform. Any amendments or revisions of a position description will be discussed with the Employee and People Leaders prior to the commencement of the evaluation process. If requested by an Employee, the Employer will conduct a review of the position and market data. Employees may apply for reclassification no more than once every 24 months, with the exception of the following: a substantial change in duties and responsibilities of the employee's position occurs within that period due to significant organisational restructure or workplace change; or unless otherwise authorised by the Head of HR in exceptional circumstances. . The Employer will ensure that the evaluation processes are documented and are transparent and that reclassifications are dealt with expeditiously. The Employer will endeavour to provide an outcome to reclassification requests within a four-week period. Page 46 of 50 OFFICIAL




 



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• A dispute or grievance can be raised with the Head of HR who will coordinate a review and may 
include the Business Unit Leader or refer to an external specialist remuneration agency as 
appropriate. 

Remuneration Review on Transfer or Promotion 

• Where an employee is transferred to a role at the same Band level (either permanently or 
temporarily), a remuneration review will be conducted and may or may not result in an 
increase in salary. 

• In the case of promotion to a higher Band, remuneration will be reviewed in line with the 
appropriate Band at the new appointment level. 

Page 47 of 50 


A dispute or grievance can be raised with the Head of HR who will coordinate a review and may include the Business Unit Leader or refer to an external specialist remuneration agency as appropriate. Remuneration Review on Transfer or Promotion · Where an employee is transferred to a role at the same Band level (either permanently or temporarily), a remuneration review will be conducted and may or may not result in an increase in salary. In the case of promotion to a higher Band, remuneration will be reviewed in line with the appropriate Band at the new appointment level. Page 47 of 50 OFFICIAL




 



APPENDIX B: SIGNATORIES 
FOR AND ON BEHALF OF VISIT VICTORIA: 

I 
(Name) 

FOR AND ON BEHALF OF THE CPSU: 

~J~M-iJ9r~ 
CEO ¥isit ¥i~oria -;f? Coe: tt~uc;a.;~s !}ock:_( aJs 

(Position) 

Karen Batt Secretary CPSU-4/128 Exhibition Street Melbourne 

(Signature) 

In the presence of: 

(,J~,__,Clow,._.sE:A J. 
(Name) 

CSr~cl, A.sr,ff-+S ec.ref-c.~ 
(Position) 

(Slgnatu re) 

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APPENDIX B: SIGNATORIES FOR AND ON BEHALF OF VISIT VICTORIA: Damien de Bohun General Manager Major Events -PeterRingeman GEO-Visit-Victoria - 28/727 Collins Street Docklands jan de Bol 727 Colling St. Docklands (Signature) In the presence of: PETER DAVEY Head of Human Resources (Name) (Position) (Signature) FOR AND ON BEHALF OF THE CPSU: KAREN BATI Karen Batt Secretary CPSU - 4/128 Exhibition Street Melbourne Haren Bart. (Signature) In the presence of: Wayne Townsend. Branch Assistant Secretary (Name) (Position) WC Townsend. (Signature) Page 48 of 50 OFFICIAL




 



FOR AND ON BEHALF OF THE EMPLOYEES: 

(Name) 

In the presence of: 

(Name) 

(Signature) 

FOR AND ON BEHALF OF THE EMPLOYEES: 

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I 

(Name) 

(Signature) 

In the presence of: 

{Position) 

(Position) 

(Position) 

(Name) (Position) 

(Signature) 

OFFICIAL 

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 FOR AND ON BEHALF OF THE EMPLOYEES: LEIGH MOONEY EVENT ACQUISITIONS COORDINATOR - SPORT (Name) (Position) (Signature) In the presence of: LUKE MURPHY HEAD OF EVENT ACQUISITIONS-SPORT (Name) (Position) (Signature) FOR AND ON BEHALF OF THE EMPLOYEES: Beverley Williamson General Manager Sales (Name) (Position) BqWilliansa (Signature) In the presence of: DANIEL DONNELLY DIRECTOR, GOVERNMENT RELATIONS (Name) (Position) DO  (Signature) Page 49 of 50 OFFICIAL 



FOR AND ON BEHALF OF THE EMPLOYEES: 

{Name) (Position) 

@}£-;;;;,'--' -------------------
In the presence of: 

{Name) (Position) 

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(Signature) 

Page SO of SO 

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FOR AND ON BEHALF OF THE EMPLOYEES: MARKO JANOVIC ASOCIATE DIRECTOR BD & BiDS (Name) (Position) (Signature) In the presence of: Amie Forsyth HR Business Partner (Name) (Position) (Signature) Page 50 of 50 OFFICIAL




 




VISIT VICTORIA Visit Victoria Collins Square Tower Two IN THE FAIR WORK COMMISSION Level 28, 727 Collins Street FWC Matter Number: AG2019/3748 Melbourne VIC 3008 - Tel +61 3 9002 2222 Applicant: Visit Victoria ₩@visitvictoria ABN 37 611 725 270 Undertaking Section 190 I, Peter Davey, Head of Human Resources, of Visit Victoria give the following further undertakings with respect to the Visit Victoria Enterprise Agreement 2019 (EA): 1. The following updated salary banding will apply under the EA from commencement: Band Points Minimum Guideline Top of Band 1 135 - 160 $47,489 $48,590 $52,995 $58,500 2 161- 268 $58,501 $60,503 $68,513 $78,524 3 269 - 370 $78,525 $81,412 $92,966 $107,407 4 371-518 $107,408 $110,666 $123,704 $140,000 5 519 - 734 $140,001 $144,619 $163,097 $186,194 2. Legal Officers will not be employed in roles remunerated below Band 3 and Senior Legal Officers will be remunerated at Band 4 or Band 5 as appropriate based on the responsibilities of the role. 3. Part time employees will be entitled to payment of overtime for hours worked in excess of their weekly hours as agreed, or as varied under clause 3.2(5)(b). Visit Victoria hereby undertakes that clause 5.3(f)(i) will have no application. 4. The Spread of Hours under the EA will be the same as those under the State Government Agencies Award, currently 7am to 6.30pm Monday to Friday. 5. Employees remunerated in Band 1 or Band 2 will have guaranteed minimum salaries within the bands based on their years of employment with Visit Victoria as follows: Application of Bands Minimum Remuneration within Band New to Role Minimum At least 1 year employment 10th Percentile At least 3 years' employment 25th Percentile At least 5 years' employment 50th Percentile Signature: Date: 13/12/19

Cases cited by this decision: