Serco Traffic Camera Services Enterprise Agreement 2020

1

Fair Work Act 2009 
s.185—Enterprise agreement

Serco Traffic Camera Services (Vic) Pty Ltd
(AG2020/3029)

SERCO TRAFFIC CAMERA SERVICES ENTERPRISE AGREEMENT 

2020

Clerical industry

DEPUTY PRESIDENT COLMAN MELBOURNE, 29 OCTOBER 2020

Application for approval of the Serco Traffic Camera Services Enterprise Agreement 2020

[1] Serco Traffic Camera Services (Vic) Pty Ltd has made an application for approval of 
an enterprise agreement known as the Serco Traffic Camera Services Enterprise Agreement 
2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement 
is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying 
declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant 
to this application for approval has been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union and the 
Community and Public Sector Union, being bargaining representatives for the Agreement, 
have each given notice under s 183 of the Act that they want the Agreement to cover them. In 
accordance with s 201(2) and based on the declarations provided by these organisations, I 
note that the Agreement covers these organisations.

[4] The Agreement was approved on 29 October 2020 and, in accordance with s 54, will 
operate from 5 November 2020. The nominal expiry date of the Agreement is 31 October 
2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE509372  PR724025

[2020] FWCA 5749

DECISION
FairWork 

Commission 


AUSTRALIA FairWork Commission

THE SEAL OF THE F NOISSI








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Serco Traff ic Camera Services Enterprise 
Agreement 2020   

serco --

serco




 



 

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ARRANGEMENT 
About the Agreement .................................................................................................................................................... 4 

1. Title .............................................................................................................................................................. 4 
2. Scope & application ..................................................................................................................................... 4 
3. Period of operation ...................................................................................................................................... 4 
4. No further claims .......................................................................................................................................... 4 
5. Diversity and Inclusion ................................................................................................................................. 4 
6. Definitions .................................................................................................................................................... 5 
7. Objectives of Agreement .............................................................................................................................. 6 
8. Flexibility term .............................................................................................................................................. 6 

Employment ................................................................................................................................................................... 7 
9. Types of employment................................................................................................................................... 7 
10. Request for casual conversion ..................................................................................................................... 7 
11. Contract of employment ............................................................................................................................... 8 
12. Ending employment ..................................................................................................................................... 9 
13. Redundancy ............................................................................................................................................... 10 
14. Change of service provider ........................................................................................................................ 11 

Job Classifications, Remuneration and Related Matters ......................................................................................... 11 
15. Job Classifications and Minimum Salaries ................................................................................................. 11 
16. Payment of salaries ................................................................................................................................... 11 
17. Superannuation ......................................................................................................................................... 11 
18. Higher Duties Allowance ............................................................................................................................ 12 
19. Meal Allowance .......................................................................................................................................... 12 
20. First Aid Allowance .................................................................................................................................... 12 
21. Accident make-up pay ............................................................................................................................... 12 
22. Reimbursement of expenses ..................................................................................................................... 12 
23. Special Rates ............................................................................................................................................. 12 

Hours of Work .............................................................................................................................................................. 13 
24. Ordinary hours of work – Mobile Road Safety Camera Operators [MRSCOs] ........................................... 13 
25. Ordinary hours of work – Verification Services [Verifications] .................................................................... 13 
26. Ordinary hours of work – Support Operation Centre [SOC] ....................................................................... 13 
27. Shift work ................................................................................................................................................... 14 
28. Rostering ................................................................................................................................................... 14 
29. Overtime .................................................................................................................................................... 14 
30. Meal breaks, rest breaks, minimum hours or payment .............................................................................. 14 

Leave ............................................................................................................................................................................ 15 








 

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31. Annual leave .............................................................................................................................................. 15 
32. Public holidays ........................................................................................................................................... 15 
33. Personal leave ........................................................................................................................................... 16 
34. Compassionate leave ................................................................................................................................ 17 
35. Parental leave ............................................................................................................................................ 17 
36. Community service leave ........................................................................................................................... 18 
37. Long service leave ..................................................................................................................................... 18 
38. Study leave ................................................................................................................................................ 19 
39. Other leave ................................................................................................................................................ 19 
40. Employee Representation .......................................................................................................................... 19 

Health and Safety ......................................................................................................................................................... 20 
41. Health, Safety and Environment Commitment ........................................................................................... 20 

Grievances, Dispute Resolution and Consultation ................................................................................................... 20 
42. Grievance and dispute settlement procedure ............................................................................................ 20 
43. Consultation ............................................................................................................................................... 21 
44. Joint Consultative Committee .................................................................................................................... 22 
45. Facilitative Provisions ................................................................................................................................ 23 

Signatures of the Parties............................................................................................................................................. 25 
Appendix 1 ................................................................................................................................................................... 26 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 








 

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About the Agreement 
 
1. Title 

 
This Agreement is to be known as the “Serco Traffic Camera Services Enterprise Agreement 2020” (Agreement).  

 
2. Scope & application  

 
(a) The Parties of and this Agreement applies to: 

 
(i) Serco Traffic Camera Services (Vic) Pty. Ltd. ACN 125 984 072 (Employer or Company); 
(ii) all persons employed by the Employer in the State of Victoria in the job classifications set out in Appendix 1 of this 

Agreement (Employees); 
(iii) Community and Public Sector Union (CPSU or union); and  
(iv) Australian Services Union (ASU or union). 

 
(b) This Agreement shall be read and interpreted in conjunction with the National Employment Standards (NES). Where there 

is any inconsistency between this Agreement and the NES, and the NES provides a greater benefit, the NES provision 
will apply to the extent of the inconsistency. 

3. Period of operation   
 
This Agreement is to operate from the date of Approval by Fair Work Commission (“FWC”). The nominal expiry date of this 
Agreement is 31 October 2023. 
 
The Parties will commence negotiations for a replacement to this Agreement within 6 months prior of the expiry of this 
Agreement. 
 

4. No further claims   
 
(a) The parties agree that this Agreement provides certainty to employees as to their terms and conditions of employment 

and to the Company in terms of its cost structure and that they will not pursue extra claims during the period of operation 
of this Agreement.  
 

(b) This Agreement covers all matters or claims regarding the employment of the employees which could otherwise be the 
subject of protected action pursuant to the Fair Work Act; and 
 

(c) The parties to this Agreement will not engage in protected action pursuant to the Fair Work Act in relation to the 
performance of any work covered by this Agreement. 

5. Diversity and Inclusion  
 

The parties agree that:- 
 
(a) It is their intention 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, age, physical or mental disability, marital status, family responsibilities, 
pregnancy, religion, political opinion, national extraction or social origin. 
 

(b) The Company’s focus for Diversity and Inclusion is to ensure that all employees have an opportunity to participate, bring 
different knowledge, perspectives, experiences and working styles, feel engaged and know they can bring their whole 
selves to make a difference that matters.  
 








 

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(c) Our commitment to our values underpins a culture that is inclusive and embracing of differences. Our efforts are to build 
the Company’s commitment to inclusion of people from diverse backgrounds to both better reflect the communities we 
serve and to be a better version of ourselves as an employer.  
 

(d) The Company strives to foster supportive, safe, empowering and inclusive environments for Lesbian, Gay, bisexual, 
Transgender and Intersex (LGBTI) employees. The Company is committed to raising awareness of the importance of 
wellbeing for our LGBTI employees through various streams including global and local collaboration groups and other 
internal avenues. 
 

(e) The Company is committed to educating our workplace in order to provide awareness, understanding and acceptance of 
people with disability. The Company will provide reasonable adjustments in order for these employees to fulfil their work 
obligations. Our vision is for creating inclusive workplace which thrives on leveraging diversity and driving collaboration to 
make a positive difference every day for our people, clients and the communities in which we operate. Initiatives that assist 
with meeting the Company’s commitment may include recruitment practices, talent identification, development, and 
accessibility.  
 

(f) The Company acknowledges cultural and religious diversity, this is extended to recognising employees who may wish to 
celebrate culturally important, unique community or religious days and events. We seek to support the needs of individual 
employees to participate in these holidays where practicable. The Company’s goal is that our workplace respectfully 
supports diverse cultures and communities. 
 

(g) A variety of leave entitlements are available to employees under this Agreement, the NES and Company policies.   
Employees may seek to access relevant leave entitlements both as support mechanism and also to facilitate their 
participation in initiatives or activities that promote diversity and inclusion at work or in the broader community. 
 

(h) The parties recognise the benefit of resolving any issues regarding discrimination or unfair treatment quickly. A number of 
resolution mechanisms may be available to them under the Company’s policies and/or legislation. 
 

6. Definitions  
 

“Immediate family” has the same meaning as it does within the Fair Work Act and will include the employee’s spouse; 
and a child, ex-nuptial child, stepchild, adopted child, ex-foster child, ward, parent, grandparent, 
guardian, grandchild or sibling of the employee or employee’s spouse.  The word 'spouse' includes 
a person who lives with the employee as a de-facto spouse. 

 
“LSL Act” means the Long Service Leave Act 2018 (Vic) (LSL Act). 

 
 

“serious misconduct” means: 
(a) wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the 
contract of employment ; and 
(b)  conduct that causes imminent and serious risk to; 

(i) the health or safety of a person; or 
(ii) the reputation, viability or profitability of the Company’s business. 

(c)  conduct that is serious misconduct includes an employee, in the course of the employee’s 
employment engaging in: 
(i) theft; or 
(ii) fraud; or 
(iii) assault; or 
(iv) the employee being intoxicated at work; or 
(v) the employee refusing to carry out a lawful and reasonable instruction that is consistent with 

the employee’s contract of employment.   
 
 








 

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“Shift worker” means an employee who works to a continuous 24 hours a day 7 days a week roster, and is regularly 
rostered to work: 

(i)  outside the span of ordinary hours, and 
(ii)  Sundays and public holidays. 

 
7. Objectives of Agreement   

 
The principal objectives of this Agreement are to: 
 
(a) Establish workplace arrangements, terms and conditions of employment that clearly support the provision of all Traffic 

Camera Services, including the operation and maintenance of the Traffic Camera System.  
 
(b) Encourage a collaborative and flexible work environment in which all employees have the opportunity to develop their 

experience and capabilities. 
 
(c) Facilitate regular and open communication between the parties. 
 
(d) Build trust and confidence in relationships between managers, employees and unions. 

 
8. Flexibility term 
 

(a) The Company and an 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: 

� arrangements about when work is performed;  
� overtime rates; 
� penalty rates; 
� allowances;  
� leave loading; and 

(ii) the arrangement meets the genuine needs of the Company and employee in relation to one or more of the matters 
mentioned in paragraph (i); and 

(iii) the arrangement is genuinely agreed to by the Company and employee. 
 
(c) The Company 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. 

 
(d) The Company must ensure that the individual flexibility arrangement: 

 
(i) is in writing; and 
(ii) includes the name of the Company and employee; and 
(iii) is signed by the Company and employee and if the employee is under 18 years of age, signed by a parent or guardian 

of  the employee; and 
(iv) includes details of:  

� the terms of the enterprise agreement that will be varied by the arrangement; and 
� how the arrangement will vary the effect of the terms; and 
� 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 Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 
 








 

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(e) The Company 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 Company and employee agree in writing, at any time.  

 
Employment 
 
9. Types of employment   

 
(a) Employment may be full time, part time, specified term or casual. 
 
(b) A full time employee is one who is engaged as such and who works an average of 38 ordinary hours per week, or an 

average of 76 hours per fortnight, or 152 ordinary hours in a 4 week period. 
 
(c) A part time employee is one who is engaged as such and who works an average of less than 38 ordinary hours per week 

or 152 hours in a 4 week period.   
 
A part time employee is entitled to all provisions of this Agreement on a pro rata basis in accordance with the number of 
ordinary hours per week the employee is engaged to work. 

 
(d) A specified term employee is one who is engaged as such for a specified period of time, or for a particular task or project. 

A specified term employee may be full time or part time. 
 

(e) A casual employee is an employee engaged and paid as such. Casual employment is employment by the hour and may 
be regular, irregular, scheduled, unscheduled, for a minimum number of hours each week or for a full week. There is no 
limit to the number of engagements or length of time an individual can be employed as a casual employee. Nevertheless, 
a casual employee is to be employed or paid for a minimum of 3 hours work on each engagement. 

 
A casual employee will be paid an ordinary time hourly rate of pay for the job classification level in which he or she is 
engaged to perform work. They will also receive a Casual loading of 25% of their base hourly rate on all ordinary hours 
worked to reflect the casual nature of their employment and in lieu of the entitlements they do not receive under this 
Agreement or the NES. Casual employees are not entitled to any form of leave unless the terms of this Agreement or the 
NES expressly state they are entitled to it. 

 
10. Request for casual conversion  
 

(a) A regular casual employee is a casual employee who has, in the preceding period of 12 months, worked a pattern of hours 
on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee 
or part-time employee under the provisions of this Agreement.  
 

(b) A regular casual employee may request the conversion of their employment to either full-time or part-time employment 
where this is consistent with their regular pattern of work over the preceding 12 months.  
 

(c) Any request for conversion must be provided to the Company in writing.  
 

(d) Where a regular casual employee seeks to convert to full-time or part-time employment, the Company may agree to or 
refuse the request, but will not unreasonably refuse a request. The request may only be refused on reasonable grounds 
and after there has been consultation with the employee.  
 

(e) Reasonable grounds for refusal include (but are not limited to) that: 
 

(i) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be 
engaged as a full-time or part-time employee in accordance with the provisions of this Agreement – that is, the casual 
employee is not truly a regular casual employee as defined; 








 

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(ii) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 
12 months; 

(iii) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform 
will be significantly reduced in the next 12 months; or 

(iv) it is known or reasonable foreseeable that there will be a significant change in the days and/or times at which the 
employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within 
the days and/or hours during which the employee is available to work.  

 
(f) Where the Company refuses a regular casual employee’s request to convert, the Company must provide the casual 

employee with the Company’s reasons for refusal in writing within 21 days of the request being made. If the employee 
does not accept the Company’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution 
procedure set out in this Agreement.  
 

(g) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as 
provided for in this clause, the Company may issue the employee a new contract of employment that sets out employment 
terms and conditions that will apply after the conversion and specifies the date that the conversion will apply from.  
 

(h) The new offer of employment will not require the employee to begin a new qualifying period.  

11. Contract of employment   
 
(a) Letter of Engagement. Before commencing employment, each employee will be provided with a letter of engagement by 

the Company, which amongst other things will set out employees’ employment type, job classification, rate of pay, 
contracted hours (for full time or part time staff only), commencing hours of work (which may vary from time to time), 
commencing date of employment, qualifying period – which for full time and part time employees may be a period of up to 
6 months. 

(b) Access to the EA. Each employee shall be provided with a copy of this Agreement or provided with ready access to a copy 
of this Agreement.  
 

(c) Duties and Development. In recognition of the operational and effectiveness requirements of the Company and to create 
more varied and interesting work for employees, it is a condition of employment subject to appropriate training and 
competency, that each employee may be available to work as required on any work within his/her skill, competence and 
training and that each employee shall acquire the skills and learn any other post as directed and shall provide instruction 
and/or training as appropriate to another employee as required. 
 

(d)  Employee Identification and Police Records. Employees must undergo identity, police and probity checks prior to 
commencing with the Company and complete all necessary forms and authorisations to enable the checking and release 
of Police records, for the sole purpose of allowing the Company to provide of traffic camera and other services to its client. 
In addition, employees must provide such information to the Company at any time during their employment as may be 
requested to enable the Company to meet any regulatory or client requirements related to the delivery of services to its 
client.   
 

(e) Employee Conduct. It is expected that an employee will devote his/her time and attention to the performance of his/her 
responsibilities and endeavour to the best of their ability to promote the interests of the Company and will not engage in 
any other employment or activity that conflicts with the interests of the Company. Further, employees must at all times 
conduct themselves and perform their functions in a manner which is appropriate for an employee of the Company.  
 

(f) Confidentiality. It is a condition of employment that an employee will not disclose nor use at any time either during 
employment or thereafter, any policy, practice, procedure, client information, supplier information, trade secret, financial, 
business, confidential or other data belonging to or concerning the business operations or affairs of or otherwise relating 
to the Company or any associated companies, their customers, and other business organisations acquired in the course 
of employment with the Company without first obtaining the Company’s written consent to such disclosure, except such 








 

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disclosure as may otherwise be specifically required or permitted by the Company, required by law or unless such 
information has become public knowledge through no action by employees or employee representatives.  
 

(g) Intellectual property. If during the term of an employee’s employment, an employee or an employee and the Company 
jointly, formulate, develop or construct any product, process, formula or invention related to the Company’s business, all 
rights, interest and title to such products, processes, formulas or inventions shall vest in the Company including without 
limitation any rights to any applications in relation to a product, process, formula or invention which an employee may file 
in the Commonwealth of Australia or elsewhere for a period of 2 years after the termination of an employee’s employment 
with the Company in respect of any product, process, formula or inventions.  It is further agreed that employees will 
promptly inform the Company in writing of any and all such products, processes, formulas or inventions. 

(h) Stand down. The Company may deduct payment of salary for any part of a day during which an employee cannot usefully 
be employed because of any strike, breakdown of equipment or any stoppage of work for any cause for which the Company 
cannot reasonably be held responsible provided that no such action may occur until the Company has used all 
opportunities to engage the employee on other useful work. Any stand down does not break the continuity of employment 
of the employee for the purpose of any entitlement. 
 

(i) Return of documents and equipment.  Upon termination of your employment employees must return to the Company or 
its authorised representative all policies, procedures, plans, statistics, documents, records, data, computer tapes, discs or 
other data capture devices, computer passwords, employee identification passes, papers or equipment in their possession 
or control which relate in any way to the business or affairs of the Company or any related company, or belongs to the 
Company. Employees are not entitled to retain any equipment or a copy of any information or document referred to in this 
clause. 

12. Ending employment  
 

(a) During an employee’s qualifying period, either the employee or the Company may terminate the employee’s employment 
by giving 1 weeks’ notice, or by the Company without notice by paying 1 week’s ordinary time pay in lieu of notice. 

 
(b) After the qualifying period has ended, an employee’s employment (other than a casual employee) may be terminated 

either by the employee or the Company by giving the required period of notice, or by the Company without notice by 
payment of  ordinary time salary in lieu of notice. The required periods of notice are set out in the table below. 

 
 

 
Period of continuous service with the Company 

 
Required period of notice by 
Company 
≤ 45 years        45 years 

 
Required period 
of notice by 
employee 

Not more than 1 year 2 weeks           2 weeks 2 weeks 
More than 1 year  4 weeks           4 weeks 4 weeks 
More than 2 years 4 weeks           5 weeks 4 weeks 

 
(c) When either an employee or the Company has given notice of termination of an employee’s employment, the Company 

may require an employee to: 
(i) not perform any work for it; 
(ii) not attend the Company’s places of business; or 
(iii) perform only those duties which the Company specifies. 

 
(d) The employment of a casual employee may be terminated by either the employee or the Company by giving 3 hours’ 

notice, or by the Company by paying 3 hours’ pay in lieu of notice. 
 
(e) In addition, the Company has the right to terminate an employee’s employment without notice for serious misconduct or 

serious or persistent breach of the employee’s terms or conditions of employment, in such scenarios the process of 
procedural fairness will be followed. Employee’s salary and other entitlements will be paid up to the time of termination 
only. 








 

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(f) An employee’s absence from work for a continuous period exceeding five consecutive working days without notifying the 
Company of the reason for such absence shall be prima facie evidence that the employee has abandoned their 
employment with the Company. Prior to terminating the employee’s employment in these circumstances, the Company 
will attempt to contact the employee to seek an explanation for the absence. Consideration will be given to any extenuating 
circumstances of the employee prior to any decision being made to terminate employment under this clause. 

 
13. Redundancy  

 
(a) Where the Company has made a definite decision that the Company no longer requires the job an employee has been 

doing to be done by anyone and that decision may lead to termination of employment, the Company will have discussions 
as soon as practicable with the employee(s) directly affected and if requested by an employee, with the nominated 
representative of that employee. Discussions will include:  

� the reasons for the proposed termination(s); 
� measures to avoid or minimise the terminations including consideration of suitable alternative employment.; and 
� measures to mitigate the adverse effects of any terminations on the employees concerned. 

 
(b) For the purposes of such discussion the Company must as soon as practicable provide in writing to the employees 

concerned, all relevant information about the proposed terminations, including;  
� the reasons for the proposed terminations; 
� the number of employees likely to be affected; 
� the number of employees normally employed; and 
� the period over which the terminations are likely to take place. 

 
The Company is not required to disclose confidential information the disclosure of which when looked at objectively, would 
be contrary to Serco’s interests.  

 
 (c) In the event of terminations due to redundancy, the following scale of severance payments is to apply. 

 

Period of continuous service with the Company Severance pay 
[weeks of ordinary time pay]  

Less than 1 year nil 
1 year and up to the completion of 2 years 4 
2 years and up to the completion of 3 years 6 
3 years and up to the completion of 4 years 7 
4 years and up to the completion of 5 years 8 
5 years and up to the completion of  6 years 10 
6 years and up to the completion of 7 years 11 
7 years and up to the completion of 8 years 13 
8 years and up to the completion of 9 years 14 
9 years and up to the completion of 10 years 16 
More than 10 years  12 

 
(d) The severance/redundancy payments set out above are in addition to any period of notice (or pay in lieu of notice) required 

by this Agreement.    
 
(e) An employee whose position is redundant and who secures employment with another employer during the notice period, 

may leave the Company at any time during the notice period without any reduction in severance pay entitlements.  
 
(f) The provisions of this clause are not applicable where a transmission of business occurs or employment is offered by the 

new employer on terms and conditions that are no less favourable, considered on an overall basis, than the terms and 
conditions applicable to the employee at the time of ceasing employment with the Company. 








 

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14. Change of service provider 
 
(a) In the event that the Company’s contract is terminated by its client, or the contract is not renewed, or the business is 

otherwise moved from the Company to another employer (“other employer”) then the following arrangements will apply. 

(b) Where: 
(i) an employee accepts an offer of employment with the other employer on terms and conditions that are no less 

favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of 
ceasing employment with the Company; and the other employer recognises the employee’s period of employment 
with the Company as the employee’s service for the purpose of calculating entitlements; or 

(ii) an employee rejects an offer of employment with the other employer which contains terms and conditions that are no 
less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time 
of ceasing employment with the Company; and which recognises the employee’s period of employment with the 
Company as service for the purpose of calculating entitlements; then  

the Company will not be under any obligation to make redundancy payment to the employee upon termination of 
his/her employment with the Company. 

 
(c) Suitable alternative employment shall include work of the same or higher classification or failing that, of no less rate of 

pay, similar hours and location that does not require significant additional travel, and a position which does not 
unreasonably disrupt the family responsibilities of the employee concerned. 

 
Job Classifications, Remuneration and Related Matters 
 
 

15. Job Classifications and Minimum Salaries 
 
(a) The job classifications within the scope of this Agreement and minimum salaries that apply to them are set out in the table 

in Appendix 1. 
 
(b) Increases in Minimum Salaries.  The Minimum Salaries specified in Appendix 1 include pay increases as follows: 

� 4% increase effective from the start of the first full pay period after 1 November 2020 
� 2% increase effective from the start of the first full pay period after 1 November 2021 
� 2% increase effective from the start of the next full pay period after 1 November 2022 

 
16. Payment of salaries 

 
Payment of salaries is to be made fortnightly by electronic transfer of funds (EFT) into an account nominated by the employee 
with a bank or other recognised financial institution, provided that such financial institution is capable of receiving these 
deposits. 

 
17. Superannuation 

 
(a) The Company will make contributions to an eligible choice superannuation fund (complying fund) on behalf of employees 

in accordance with the provisions of the Superannuation Guarantee (Administration) Act 1992 (Cth). Eligible choice funds 
can be but are not limited to Retail, Industry or SMSF funds.   

 
(b) In the event that an employee does not exercise his/her right to choose a superannuation fund, the Company will make 

contributions on the employee’s behalf to the Mercer Super Trust (default fund) (includes a MySuper product). 
 
(c) An employee may request the Company to make additional superannuation contributions on an after tax basis or on a 

pre-tax basis utilising a lawful salary sacrifice arrangement.  
 
 








 

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18. Higher Duties Allowance 
 
An allowance for the performance of higher duties is payable where the employee is temporarily assigned a position of a higher 
classification level. This allowance will be payable for assignments of a minimum of 5 consecutive working days. Payment for 
higher duties will be made at the minimum rate of the higher band or a 10% allowance on the employee's rate of pay, whichever 
is less. 
 

19. Meal Allowance 
 
(a) Where an employee is called into work with less than 12 hours’ notice, he/she will be entitled to a meal allowance of 

$15.75. 
 

(b) A meal allowance is not payable under the following circumstances: 
 

(i) where a meal is provided by the Company; or 
(ii) where an employee is working additional hours or overtime at the end of a usual day or rostered shift. 

 
20. First Aid Allowance 
 

An employee who is the current holder of appropriate first aid qualifications and who is appointed by the Company to perform 
first aid duties will be paid an additional 2% of their base rate of pay for all ordinary hours worked. 

  
21. Accident make-up pay 

 
(a) An employee who is absent from duty as a result of a work related illness or injury and is in receipt of weekly payments 

under Workcover, is entitled to leave with pay. For the purpose of this clause, leave with pay means payment by the 
Company to make up the difference between Workcover payments received for loss of earnings and the employee's 
ordinary pay. The calculation for this payment is based on an annual average of ‘Pre Injury Average Weekly Earnings’ as 
outlined by WorkSafe Victoria.  

(b) Leave with pay in accordance with this clause ceases and the employee must be granted leave without pay when:  
 

(i) the employee is absent from duty for a continuous period of 52 weeks or an aggregate period of working days 
(including public holidays); or  

(ii) the employee is paid a disability benefit under a superannuation fund or under a similar provision in any other fund 
or insurance arrangement to which the Company makes contributions or pays a premium. 
 

22. Reimbursement of expenses 
 
(a) Where the Company requires an employee to be absent overnight or part of the day in the course of his or her duties, the 

employee will be eligible to be reimbursed for any reasonable personal expenses, or receive a short-term travel allowance 
to cover non accommodation related expenses as determined by the Company. The employee will obtain the approval of 
the Company prior to incurring the expense. 

(b) A Mobile Road Safety Camera Operator shall be paid $20.77 (gross) per fortnight towards the cost of a mobile phone and 
internet expenses. This does not apply to an employee who is provided by the Company with a mobile phone. 

 
23. Special Rates 
 

The special rates (including penalty rates, overtime rates, public holiday rates etc.) provided for in this Agreement, 
i.e. where more than one special rate could apply only the higher of the rates will be paid. 

 
 
 
 
 








 

Serco Traffic Camera Services Enterprise Agreement 2020  Page 13 of 24 

 
 

Hours of Work 
 
24. Ordinary hours of work – Mobile Road Safety Camera Operators [MRSCOs] 

 
(a) The span of ordinary hours is between 7:00 am and 7:00 pm, irrespective of the day of the week, as directed by the 

Company. Any ordinary hours worked outside of this span will attract a 50% loading. 
 

(b) Employees working pursuant to this clause shall not be considered to be working shift work. Irregular work patterns, which 
are a feature of the business conducted by Serco Traffic Camera Services are the result of contractual arrangements 
between the Victorian Government and the Company and are acknowledged by the parties to this Agreement as not 
constituting shift work. 
 

(c) Flexible working hours arrangements, (e.g. including a 19 day month or variations thereof) may be introduced by the 
Company and a majority of the employees or a majority of a section of employees.  

(d) From time to time a Mobile Road Safety Camera Operator will be required to attend court in relation to the operation of 
mobile road safety camera sessions as part of his/her duties. In these situations, a minimum of 7.6 ordinary hours will be 
payable. 

 
25. Ordinary hours of work – Verification Services [Verifications] 

  
(a) The ordinary hours of work shall be worked within a span of hours between 7:00 am and 7:00 pm, Monday to Friday 

inclusive, as directed by the Company, subject to clause 26(c).  
 
(b) The usual daily commencing and finishing times of ordinary hours of work and days upon which ordinary hours of work 

may be worked, may be altered as to all or a section of the Company's employees by mutual agreement between the 
Company and employees or section of employees.  In the absence of agreement the Company shall give 14 days notice 
of major changes to hours of work arrangements.  

 
(c) Flexible working hours arrangements, (e.g., including a 19 day month or variations thereof) may be introduced by the 

Company and a majority of the employees or a majority of a section of employees.  The current arrangements of working 
a 19 day / 4 week period (“19 day month”) are confirmed and will continue for the period of operation of this Agreement. 

 
26. Ordinary hours of work – Support Operation Centre [SOC] 

  
(a) The ordinary hours of work shall be worked as directed by the Company. 

 
(b) The span of hours will be between: 

 
(i) 5:30 am and 8:00 pm, irrespective of the day of the week for Operations Support Officers; and  
(ii) 5:30 am and 8:30 pm, Monday to Friday inclusive, for other SOC employees. 

(c) The usual daily commencing and finishing times of ordinary hours of work and days upon which ordinary hours of work 
may be worked, may be altered as to all or a section of the Company's employees by mutual agreement between the 
Company and employees or section of employees.  In the absence of agreement the Company shall give 14 days notice 
of major changes to hours of work arrangements.  

 
(d) Flexible working hours arrangements, (including a 19 day month or variations thereof) may be introduced by the Company 

and a majority of the employees or a majority of a section of employees.  The current arrangements of working a 19 day / 
4 week period (“19 day month”) are confirmed and will continue for the period of operation of this Agreement. 
 
 
 
 








 

Serco Traffic Camera Services Enterprise Agreement 2020  Page 14 of 24 

 
 

27. Shift work 
 
For Operations Support Officers, shift work means roster periods or ordinary time work which may be fixed, alternating or 
rotating and the start or finish times fall outside the ordinary hours of day work.  If these employees work a shift that either 
starts or finishes outside the span of hours they shall be paid at the ordinary rate of pay plus 17.5% on ordinary hours worked 
in that shift. 
 

28. Rostering 
 
(a) The parties are committed to flexible hours of work arrangements in order to satisfy our client requirements now and in the 

future.  In setting roster and allocating shifts best endeavours will be taken in regards to employees work life balance and 
distribution of hours across the roster.   

 
(b) The parties recognise that, for many positions, rosters are determined by client requirements which may change from 

week to week and also at short notice. Where employees do not have a stable roster the Company will, as far as 
practicable, provide notification of future shift dates and times to employees with at least 4 weeks notice. The Company 
may vary shift allocations where there is an operational need (for example if client requirements change after allocations 
are published).   

 
(c) For the purpose of updating employees of roster changes, the Company and employees will communicate through various 

communication channels such as email, phone or text.   
 
(d) The Company will endeavour to minimise roster changes, however where it is essential to have a change in roster the 

Company will endeavour to provide a minimum of 48 hours notice unless by mutual agreement. 
 

(e) For rostered ordinary hours the minimum roster allocation will be 4 hours and the maximum will be 12 hours (except where 
the Company and an employee agree to a different arrangement).   

 
(f) The Company will use its best endeavours, to schedule a break of at least 10 hours between the completion of one days 

planned work and the commencement of the next days planned work. 
 
29. Overtime 

 
(a) Duty which a full time employee is required and authorised to perform in excess of their ordinary hours worked and not 

provided for in the general arrangement of hours will be counted and paid as overtime.   
 
(b)  Any hours worked by a part time or casual employee in excess of 76 hours in any pay fortnight will be counted and paid 

as overtime.   
 
(c) The Company may require an employee to work reasonable overtime.  
 
(d) An employee working approved overtime, will be granted either: 

(i) time off at the rate of one hour for each additional hour worked, with no loss of pay; or 
(ii) payment for the hours worked at a rate of time and one half.  

 
(e) The company reserves the right to pay employees for overtime worked rather than grant time in lieu.  

 
30. Meal breaks, rest breaks, minimum hours or payment   

 
(a) An employee is entitled to an unpaid meal break of not less than 30 minutes.  Meal breaks are to be taken by arrangement 

between an employee and their Team Leader or Manager at or prior to an employee completing 5 hours continuous work. 
 
(b) Two paid rest breaks of 10 minutes each are available each day; morning and afternoon. 
 
(c) Where an employee is requested by their Team Leader or Manager to leave their home to perform duties associated with 

their employment, they shall be paid a minimum of four hours at ordinary rates. 
 








 

Serco Traffic Camera Services Enterprise Agreement 2020  Page 15 of 24 

 
 

Leave 
 
31. Annual leave   

 
(a) A full time employee is entitled to 4 weeks paid annual per annum.  Annual leave accrues progressively during a year of 

employment and accumulates from year to year. 
 

(b) A part time employee is entitled to annual leave on a pro rata basis in accordance with the number of hours per week the 
employee is engaged to work  
 

(c) Where an employee is designated a shift worker (as defined) they shall be entitled to an extra weeks annual leave for 
each completed 12 months of service, on a pro-rata basis.   
 

(d) Annual leave is to be taken at dates agreed between an employee and the Company as soon as practicable after an 
employee's entitlement to leave becomes due.   
 

(e) In circumstances where agreement as to the date(s) of taking leave cannot be reached, the Company and/or the employee 
must give at least eight weeks’ notice of the intention to take or give annual leave.  This period of annual leave will not be 
less than one week. The Company will endeavour to give employees notice of the requirement to take leave as far in 
advance as possible.  
 

(f) Annual leave may be taken in one period or in any periods by agreement between an employee and the Company. 
 

(g) Annual leave Annual leave loading of 17.5% of the ordinary rate of pay is incorporated into the base salaries provided in 
this Agreement. 
 

(h) An employee and the Company may agree to an employee cashing out part of his/her annual leave; provided that: 
 

(i) paid annual leave must not be cashed out if the cashing out would result in the employee’s remaining accrued leave 
entitlement to paid annual leave being less than 4 weeks; and  

(ii) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the 
employee and the company, including the amount of leave to be cashed out and the date on which the payment is to 
be made.  

32. Public holidays   
 

(a) An employee will be entitled to the following paid holidays where rostered to work on that day: 
(i) New Year's Day  
(ii) Australia Day 
(iii) Labour Day 
(iv) Good Friday 
(v) Easter Saturday 
(vi) Easter Monday 
(vii) Anzac Day 
(viii) Queen's Birthday 
(ix) Grand Final Friday 
(x) Melbourne Cup Day 
(xi) Christmas Day 
(xii) Boxing Day 

(b) Additional and substitute public holidays apply as determined under the Public Holidays Act 1993. 
 

(c) The Company and the employee may agree in writing to substitute another day for any public holiday prescribed in this 
clause. 








 

Serco Traffic Camera Services Enterprise Agreement 2020  Page 16 of 24 

 
 

 
(d) Employees (including casual employees) who are required to work on Christmas Day, Good Friday, or New Year's Day 

will be paid at triple time. Triple time will only be applied to the actual days and double time will apply to substitute or 
additional days. 
 

(e) Employees (including casual employees) who are required to work on any of the other Public Holidays referred to above, 
will be paid at double time. 
 

(f) An irregular full time employee (being an employee that does not have a fixed roster that repeats itself consecutively), who 
is not rostered to work on a public holiday, will be entitled to paid ordinary time for the public holiday i.e. 7.6 hours at their 
base rate of pay.  When a substitute day is applicable, a single payment for 7.6 ordinary hours will be made if the irregular 
full time employee is not rostered to work on both the actual and substitute day. 

 
33. Personal leave  
 

(a) The provisions of this clause apply to full time, specified term and part time employees, but do not apply to casual 
employees. 
 

(b) For each year of continuous employment with the Company, a Full Time  employee is entitled to up to 12 days (91.2 hours) 
of paid personal/carers’ leave per year. A part time employee will accrue personal leave on a pro rata basis. 
 

(c) An employee’s entitlement to paid personal/carers’ leave accrues progressively during a year of employment according to 
their ordinary hours worked and will accumulate from year to year.  
 

(d) An employee may take paid personal/carer’s leave if the leave is taken: 
 
(i) because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee; or  
(ii) to provide 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 of: 
 

a. a personal illness, or personal injury, affecting the member; or 
b. an unexpected emergency affecting the member 
 

(e) Personal/Carer’s leave will be paid based on the scheduled ordinary hours that were not worked as a result of the illness 
or injury. In order to access paid personal/carer’s leave the notice and evidence requirements set out in this clause must 
be complied with. 

(f) In order to access paid personal/carer’s leave the notice and evidence requirements set out in this clause must be 
complied with. 
 

(g) An employee must give the Company notice of the taking of personal/carer’s leave. The notice: 
 
(i) must be given to the Company as soon as practicable, which may be a time after the leave has started (in most cases 

it is expected that this would be within 3 hours of the commencement of such absence); and 
(ii) must advise the Company of the period, or expected period, of the leave. 

 
(h) Employees wishing to use personal/carer’s leave must, upon request, provide the company with evidence that would 

satisfy a reasonable person that the leave is being taken for a reason set out in clause 34(c). In particular   
 
(i) In any year, 5 days (38 hours) personal leave may be taken without requirement for the employee to provide 

supporting evidence. 
(ii) For any other personal leave, or if personal leave is taken on a Monday or a Friday, or preceding or following a Public 

Holiday, the employee must, if required by the Company, provide evidence in the form of a medical certificate from a 
registered medical practitioner.  If it is not reasonably practicable for the employee to give a medical certificate, then 
a statutory declaration made by the employee may be required. 








 

Serco Traffic Camera Services Enterprise Agreement 2020  Page 17 of 24 

 
 

(i) Unpaid carers leave will be provided in accordance with the NES but the notice and evidence requirements for paid carer 
leave set out in this clause will also apply. 

34. Compassionate leave  
 

(a) Compassionate leave is paid leave taken by an employee for the purposes of spending time with a person who: 
 
(i) is a member of the employee’s immediate family or a member of the employee’s household; and 
(ii) has a personal illness, or injury, that poses a serious threat to his or her life; or 
(iii) after the death of a member of the employee’s immediate family or a member of the employee’s household. 

(b) Subject to this clause, an employee is entitled to a period of 3 days of compassionate leave for each occasion when a 
member of the employee’s immediate family or a member of the employee’s household: 
 
(i) contracts or develops a personal illness that poses a serious threat to his or her life; or 
(ii) sustains a personal injury that poses a serious threat to his or her life; or 
(iii) dies. 

 
(c) Compassionate leave may be taken in a single unbroken period of 3 days or two separate periods or otherwise as agreed 

with the Company. 
 

(d) The rate of pay for compassionate leave is the amount that an employee would reasonably have been expected to be 
paid had he/she worked during the period (i.e. ordinary rostered hours at their respective classification).  

 
(e) However, the employee is entitled to compassionate leave only if the employee gives the Company any evidence that the 

Company reasonably requires of the illness, injury or death. 
 
35. Parental leave  

 
(a) Unpaid parental leave will be provided in accordance with the NES. 

 
(b) Where an employee who is the primary care giver has an entitlement to unpaid parental leave under the NES the first 12 

weeks will be paid at their base hourly rate. Alternatively, the employee may elect to receive the first 24 weeks at half pay. 
 

(c) Where an employee who is the secondary care giver has an entitlement to unpaid parental leave under the NES the first 
week will be paid at their base hourly rate. Alternatively, the employee may elect to receive the first 2 weeks at half pay. 
The Company may require medical evidence and/or a statutory declaration that the employee is the secondary care giver 
of and/or has accepted responsibility for the care of the child. 
 

(d) An employee may take any accrued annual leave or long service leave in conjunction with a period of unpaid parental 
leave, but this will be considered as simultaneous to the unpaid leave and will not extend the duration of the unpaid leave 
entitlement.      
 

(e) Employees must provide confirmation of their return to work date to their manager no later than four weeks prior to their 
intended return date so that arrangements can be made or their return to work. 

 
(f) An employee who is returning to work from a period of parental leave provided under this clause may make a request: 

 
(i) to return from a period of parental leave on a part time basis until the child reaches school age; 
(ii) to enter into a flexible work arrangement and/or an individual flexibility agreement; 
(iii) for the assistance of the Company to help them reconcile work and parental responsibilities. 
 

(g) Requests must be in writing and must be submitted as soon as is reasonably practicable. In the case of a request to work 
part time this must be no less than seven weeks prior to the date upon which the employee is due to return to work from 
parental leave.  








 

Serco Traffic Camera Services Enterprise Agreement 2020  Page 18 of 24 

 
 

(h) The Company shall consider any requests having regard to the employee’s circumstances and will provide the employee 
with a written decision specifying whether or not the request has been granted. To be considered a request must be 
genuinely based on the employee’s parental responsibilities. The Company may refuse a request on reasonable grounds 
related to the effect on the workplace or the Company’s business. Such grounds might include: 

 
(i) cost, 
(ii) lack of adequate replacement staff, 
(iii) loss of efficiency and 
(iv) the impact on customer service. 
 

(i) In addition to the leave entitlements set out in this clause the Company will facilitate up to 10 Keeping in Touch Days from 
the time that a primary carer commences their parental leave until it concludes. A keeping in touch day is a day when an 
employee performs work for the Company on a part or full day whilst they are on parental leave, without breaking the 
continuity of their parental leave entitlements or losing their entitlement to the paid Government Scheme. The following 
conditions apply to keeping in touch days: 
 
(i) Any Keeping in Touch Day must be agreed upon by both the Company and the employee. 
(ii) A keeping in Touch Day is not to be taken within the first six (6) weeks after the birth or adoption of a child. 
(iii) the participation and payment of a keeping in touch day will not break the continuity of a, or extend, a period of unpaid 

parental leave. 
 

(j) Keeping in Touch Days should be used to assist employees on parental leave to; 
 
(i) Be involved in forward planning discussions or meetings that may have impact on their role; 
(ii) Refresh their skills; 
(iii) Become familiar with new or updated processes’ and/or 
(iv) Transition back into the workplace 
(v) Activities could include, but not limited to; 
(vi) Participating in planning meetings, 
(vii) Participating in on the-job training, and/or 
(viii) Performing work to become familiar with their role or the workplace before they return. 

  
(k) Regardless of whether keeping in touch days are utilised by a particular employee, it is encouraged that an employee 

and their manager periodically maintain contact throughout a period of parental leave.   
 

(l) In the event that the Federal Government introduces a modified national paid parental leave scheme which provides more 
favourable conditions for employees than the conditions prescribed in this clause, the paid parental leave provisions in 
this clause will cease to operate effective from the date of introduction of the modified national paid parental leave scheme. 

  
36. Community service leave 

 
(a) An employee may be granted community service leave in the interest of public safety or in accordance with the NES. 

 
(b) An employee shall notify the Company as soon as possible of the date upon which the employee is required to attend 

such leave.  Further the employee shall provide proof of attendance, the duration of such attendance and if applicable the 
amount received, if required by the Company. 

 
37. Long service leave 

 
(a) Long service leave is arranged and paid in accordance with the provisions of the Long Service Leave Act 2018 (Victoria) 

“LSL Act”. 
 
 
 








 

Serco Traffic Camera Services Enterprise Agreement 2020  Page 19 of 24 

 
 

(b) A Transition Employee (an employee who was a current employee of Tenix Solutions Pty. Ltd. at the time of transition of 
the Traffic Camera Services Contract and who became an employee of Serco at the date that Serco assumed 
management of the TCS contract) who have completed 10 years continuous service (“Qualifying Period”) with the 
Company will be entitled to paid leave based on: 

� 3 months (13 weeks) leave for 10 years continuous service; 
� pro rata entitlements after the first 10 year Qualifying Period.  

 
(c) Except for the entitlements and qualifying period set out in clause 37(b) above, in all other respects long service leave for 

transition employees will be arranged and paid in accordance with the provisions of the LSL Act. 
 

38. Study leave 
 
The Company encourages employees to further their personal development and education. Applications for leave or other 
assistance to pursue a course of study will be considered by the Company based on the relevance of the course to an 
employee’s current position or likely future progression.  

 
39. Other leave 

 
Other leave (including leave for victims of domestic violence) may be granted, with or without pay, for other reasonable 
purposes at the discretion of the Company. 

 
40. Employee Representation 

(a) An employee representative will be entitled to up to 3 days paid representative training leave to attend courses which are 
designed to foster good industrial relations.  
 

(b) An employee representative must give the Company six weeks’ notice of their intention to attend such courses and the 
leave being requested. 
 

(c) The request must include details of: 
 
(i) the name and content of the course 
(ii) the dates, times, duration and location of the course 
(iii) the identity of the course provider. 

 
(d) The Company may request evidence to support the request. 

 
(e) Approval of requests is at the discretion of the Company, and not unreasonably refused. Where approval is granted the 

taking of such leave will be arranged having regard to the operational requirements of the Company so as to minimise any 
adverse effect on those requirements. 
 

(f) The leave will be paid at the employees base hourly rate of pay and will count as service for all purposes of this Agreement. 
 

(g) Without limiting the discretion of the Company to grant or reject requests the maximum amount of representative leave 
that will be granted in any calendar year is 9 days. 
 

(h) Parties will use best endeavours to ensure access to representative training leave is provided in an equitable manner 
across the 3 working groups of Verification, Detection Services and Support Operations Centre. 
 

 

 








 

Serco Traffic Camera Services Enterprise Agreement 2020  Page 20 of 24 

 
 

Health and Safety 
 
41. Health, Safety and Environment Commitment 
 

(a) The parties to this Agreement are committed to ensuring we maintain a safe, healthy and sustainable working environment 
and promote a positive, just and strong culture in which we continually improve our performance. 

(b) The Company seeks to foster a culture where all employees put health and safety first and to develop an environment 
where employees are able to perform their duties in a safe way and consider health, safety and environmental issues 
when making decisions and taking action. 
 

(c) We are all focused on the promotion of wellbeing and the prevention of injury, ill health and pollution including seeking to 
reduce the amount of carbon produced and the sustainable use of global resources, while reducing our waste through 
good waste management and recycling. 
 

(d) Employees must observe all safety policies and procedures as set down by the Company from time to time, as well as all 
statutory and other regulatory obligations. 
 

(e) The Company will provide appropriate resources for the implementation of its workplace health and safety practices.   
 

(f) The Parties are committed to the promotion of a joint and united approach for the resolution of Occupational Health and 
Safety (OH&S) issues which might affect the physical or mental wellbeing of employees.  
 

Grievances, Dispute Resolution and Consultation 
 
42. Grievance and dispute settlement procedure 
 

(a) If a dispute relates to: 
(i) a matter arising under the agreement; or 
(ii) the National Employment Standards; 

this clause 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 clause.  
 

(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 Fair Work 
Commission.  
 

(e) The Fair Work Commission may deal with the dispute in 2 stages: 
(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, the Fair Work Commission may then: 

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 
Fair Work Act.  
A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div. 3 of 
Part 5.1 of the Fair Work Act. Therefore, an appeal may be made against the decision.  

 
 








 

Serco Traffic Camera Services Enterprise Agreement 2020  Page 21 of 24 

 
 

(f) While the parties are trying to resolve the dispute using the procedures in this clause: 
(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 of safety; and  
(ii) an employee must comply with a direction given by the Company 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.  

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

 
43. Consultation 
 

(a) This clause applies if the Company: 
(i) has made a definite decision to introduce a major change to production, program, organisation, structure of 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 (a)(i): 

(i) The employer must notify the relevant employees of the decision to introduce the major change; and  
(ii) Subclauses (c) to (i) apply.  

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

 
(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 Company of the identity of the representative;  

the Company must recognise the representative.  
 
(e) As soon as practicable after making its decision, the Company must: 

(i) discuss with the relevant employees: 
a. the introduction of the change; and  
b. the effect the change is likely to have on the employees; and  
c. measures the Company 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: 

a. all relevant information about the change including the nature of the change proposed; and  
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 Company is not required to disclose confidential or commercially sensitive information to the relevant 

employees.  
 

(g) The Company must give prompt and genuine consideration to matters raised about the major change by the relevant 
employees.  
 

(h) If a clause in this agreement provides for a major change to production, program, organisation, structure or technology in 
relation to the enterprise of the Company, the requirements set out in paragraph (b)(i) and subclauses (c) and (e) are 
taken not to apply.  
 
 








 

Serco Traffic Camera Services Enterprise Agreement 2020  Page 22 of 24 

 
 

(i) In this clause, 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 Company’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 
 

(j) For a change referred to in paragraph (a)(i): 
(i) the Company must notify the relevant employees of the proposed change; and  
(ii) subclauses (k) to (o) apply.  

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

  
(l) 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 Company of the identity of the representative; 

the Company must recognise the representative.  
 

(m) As soon as practicable after proposing to introduce the change, the Company 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 Company reasonably believes will be the effects of the change on the employees; 

and  
c. information about any other matters that the Company 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).  
 

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

(o) The Company must give prompt and genuine consideration to matters raised about the change by the relevant employees.  
 
In this clause relevant employees means the employees who may be affected by a change referred to in subclause (a).  
 

44. Joint Consultative Committee 
 

(a) The Parties will form a Joint Consultative Committee (JCC). 
 

(b) The purpose of the JCC is to: 
(i) assist in the implementation and monitoring of this Agreement; 
(ii) maintain an open exchange of views between the employees, unions and the Company; 
(iii) provide a forum where ideas for improvement can be raised; and 
(iv) assist in the implementation of new initiatives, rosters, KPIs, etc. 

 
(c) The JCC is not intended as a forum for the resolution on individual grievances (although it is noted that these may be 

progressed through other mechanisms, including the Company’s grievance policy or the DSP where relevant). 
 








 

Serco Traffic Camera Services Enterprise Agreement 2020  Page 23 of 24 

 
 

 
(d) The JCC will comprise: 

(i) one Employee representative from each designated workgroup (to be determined by Employees and notified in 
writing to the Company); 

(ii) a representative from each union; and 
(iii) management representatives. 

 
(e) The JCC may meet quarterly. Further meetings can be held by agreement. 

 
(f) The Parties should provide agenda items for discussion prior to each meeting. 

 
(g) Designated employee attendees will be released from normal duty to attend and participate in meetings of the JCC. Subject 

to operational requirements designated employees will not be unreasonably held from attending meetings. 
 

(h) Where a designated employee is unable to attend a proxy from the designated work group will be nominated by the 
workgroup. 
 

(i) Principles of genuine consultation from this Agreement, the Fair Work Act, and the OHS Act will apply. 

45. Facilitative Provisions  
 

(a) Sign on Bonus 
(i) Within one month of this Agreement commencing operation the Company will provide all full time and part time 

employees with a sign on bonus. 
(ii) The value of the bonus will be $1000 for employees who were employed within the TCS contract on 1 November 

2019 (being the day after the nominal expiry date of the 2017 Enterprise Agreement). 
(iii) For employees who commenced employment within the TCS contract after 1 November 2019 the value will be 

reduced on a proportional basis to reflect the percentage of time since 1 November 2019 they have been in 
employment for. 
 

(b) New contracts for part time employees 
(i) Within 3 months of this Agreement commencing operation the Company will offer all existing part time employees 

new employment contracts that specify a guaranteed minimum number of hours of at least 38 per fortnight. 
 

(c) Review of camera and employee hours 
(i) As at the date this agreement was made, the parties understand that the customer is planning to increase the 

number of camera hours that the Company will be required to deliver (the Expansion Program). This growth will 
occur via a progressive ramp up. It is anticipated that this will occur over the first 12 months of the Agreement’s 
operation. 
 

(ii) It is acknowledged that this anticipated growth in camera hours will provide potential opportunities for further 
employment and increases to the guaranteed hours for existing part time employees. The parties are jointly 
committed to working together to understand the effects of the increased camera hours on the business and 
realising these opportunities where reasonable and practical. 
 

(iii) To this end the parties agree that the Expansion Program will be a standing agenda item for the Joint Consultative 
Committee until such time as the program concludes. In the event that, having taken into account issues such as 
rostering, OHS and business requirements, it is agreed that it is practicable to offer increases in contracted hours 
to existing part time staff through the expansion of the contract, the Company will make these offers before it 
advertises externally for new employees. 
 

(iv) In addition to the above the parties are committed to considering options to increase cross utilisation of MRSCOs 
between HWPs and regions which may, in turn, allow for increases to part time hours. To progress this, it is 








 

Serco Traffic Camera Services Enterprise Agreement 2020  Page 24 of 24 

 
 

agreed that it will be a standing agenda item for the Joint Consultative Committee for the first 12 months after the 
Agreement commences operation or until the matter concludes. 

 
(d) Classification descriptors 

(i) Serco understands that the unions are seeking to have classification descriptors developed (and subsequently 
included in the EA) in order to provide all parties with a common understanding of the work value of roles. This 
common understanding could then be used to advise and be referenced in discussions if the company was to 
propose a significant change to the nature or duties of a role in the future. 
 

(ii) The parties agree that this claim is not intended to alter remuneration arrangements for roles as the currently 
exist. 
 

(iii) The parties jointly acknowledge that a significant amount of work would be required to generate mutually 
agreeable classification descriptors. 
 

(iv) To give effect to this claim the parties agree as follows: 
i. The parties will form a working group to discuss and agree on classification descriptors. 
ii. The working group must provide a formal report back to the JCC within 12 months of the day the EA 

commences operation. 
iii. The JCC will complete a review the report within 8 weeks of receiving the report and provide feedback 

on the report. 
iv. Once feedback has been accepted and the proposed classification descriptors are completed they will 

be presented to the SERCO leadership group for review and implementation. 
v. Implementation of the classification descriptors will be no more than 6 months after formal report back 

from the JCC. 
vi. On completion of the classification descriptors the parties agree to vary the agreement to include 

classification descriptors into the agreement. 
 

(v) The working group process 
i. The working group will contain employee, employer and union members. 
ii. The purpose of the working group is to work together and look at each of the classifications within the 

industrial instruments in a holistic manner to create a practicable framework that is relevant to current 
and future iterations of those roles within the business, taking into consideration the expansion of the 
contract. 

iii. The working group will reference classifications as examples in each of the following awards and 
industrial instruments to provide guidance on the framework on the descriptors: 

1.  Schedule A—Vehicle Industry RS&R—Skill Level Definitions 
2. Clerks—Private Sector Award 2020 [MA000002] Schedule A—Classification Structure and 

Definitions  
3. Victorian Public Sector Enterprise Agreement 2020 Non-executive classification descriptors 

(Sheriffs and Victoria Police employees who perform tasks similar to SERCO fall under these 
descriptors) 

4. Other appropriate industrial instruments 
iv. Release of employees to participate will be subject to operational requirements but will not be 

unreasonably denied. 
v. The employer will manage the working group process (in consultation with the unions) including 

scheduling meetings. 
vi. The working group may split to form several subgroups. 

 

  








 

Serco Traffic Camera Services Enterprise Agreement 2020  Page 25 of 24 

 
 

Signatures of the Parties 
 
 
 
SIGNED for and on behalf of: 
Serco Traffic Camera Services (Vic) Pty. Ltd. [ACN 125 9847 072] 
Level 19, 535 Bourke Street, Melbourne 30000 
by Julie Carroll, Chief Human Resource Officer               ..………………...............……………………                                                                                                                                                             
 
 
 
DATED This sixth  day of October 2020 
 
 
 
 
SIGNED for and on behalf of: 
Community and Public Sector Union 
Level 10/28 Exhibition Street 
Melbourne 3000 
by Karen Batt, Branch Secretary                                                          ..………………...............…………………… 
 
 
 
DATED This          day of October 2020 
 
 
 
 
SIGNED for and on behalf of: 
Australian Services Union 
Ground Floor, 116 Queensberry Street 
Carlton South 3053 
by Matt Norrey Private Sector Victoria Branch Secretary                                          ..………………...............…………………… 
 
 
 
DATED This          day of October 2020 
 
 
 
 
 
 
 






  

  

Sixth

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Serco Traffic Camera Services Enterprise Agreement 2020  Page 26 of 24 

 
 

Appendix 1 
 

  Salary 
Groups & 

levels 

Base rates from 
November 2020  

Base rates from 
November 2021 

Base rates from 
November 2022 Classifications 

  [increase of 2%] [increase of 2%] 
  Group Level Annual Hourly Annual Hourly Annual Hourly 
Fixed Camera Team Leader [SOC] 

5 
C  $77,178.40   $39.06   $78,721.97   $39.84   $80,296.41   $40.64  

Technician – Camera [SOC] B  $74,284.08   $37.59   $75,769.76   $38.35   $77,285.16   $39.11  
Technician - Vehicle [SOC] A  $71,389.76   $36.13   $72,817.56   $36.85   $74,273.91   $37.59  
Team Leader [Verification Services]           
Fixed Camera Operator [SOC] 

4 

   $68,523.52   $34.68   $69,893.99   $35.37   $71,291.87   $36.08  
Operations Support Officer [SOC] C  $65,794.56   $33.30   $67,110.45   $33.96   $68,452.66   $34.64  
Operations Administrator [SOC] B  $63,230.96   $32.00   $64,495.58   $32.64   $65,785.49   $33.29  
Assistant Vehicle Technician [SOC] A       
Senior Mobile Road Safety Camera Operator         
Evidence QA Specialist [Verification Services]         
Performance & Adjudication Officer [Verification 
Services]         

Compliance & Performance Officer [Verification 
Services]         

Compliance Officer [Verification Services]         
Mobile Road Safety Camera Operator 

3 

   $60,921.12   $30.83   $62,139.54   $31.45   $63,382.33   $32.08  
Evidence Assessment Officer [Verification 
Services] C       
Administration Officer [Verification Services] B  $58,638.32   $29.68   $59,811.09   $30.27   $61,007.31   $30.87  
Technical Support Officer - Mobile [SOC] A       
Fixed Digital Safety Camera Support Officer 
[Verification Services]    $56,353.44   $28.52   $57,480.51   $29.09   $58,630.12   $29.67  
Film Registry Officer [Verification Services]         
Mobile Road Camera Operator - entry 

2 
D  $55,108.56   $27.89   $56,210.73   $28.45   $57,334.95   $29.02  

Evidence Processing Officer [Verification 
Services] C  $53,041.04   $26.84   $54,101.86   $27.38   $55,183.90   $27.93  
Technical Support Officer - Fixed Camera [SOC] B  $50,973.52   $25.80   $51,992.99   $26.31   $53,032.85   $26.84  
Scanning Officer [Verification Services] A  $50,643.84   $25.63   $51,656.72   $26.14   $52,689.85   $26.66   

1 
C  $50,463.92   $25.54   $51,473.20   $26.05   $52,502.66   $26.57  

Trainee B  $48,571.12   $24.58   $49,542.54   $25.07   $50,533.39   $25.57  
  A  $46,679.36   $23.62   $47,612.95   $24.10   $48,565.21   $24.58  

Note: The hourly rate is the annual rate divided by 52 (weekly rate) and divided again by 38. Additional job classifications may be added as required to facilitate business requirements.  

Cases cited by this decision: