ESSSuper Enterprise Agreement 2020-2023

[2021] FWCA 2329

The attached document replaces the document previously issued with the above code on 28 
April 2021.

Amended Title of the Agreement by removing ‘APPLICATION FOR APPROVAL OF THE’

Associate to Deputy President Young

Dated 30 April 2021















1

Fair Work Act 2009 
s.185—Enterprise agreement

Emergency Services Superannuation Board T/A Emergency Service & 

State Super
(AG2021/4331)

ESSSUPER ENTERPRISE AGREEMENT 2020-2023

Banking finance and insurance industry

DEPUTY PRESIDENT YOUNG MELBOURNE, 28 APRIL 2021

Application for approval of the ESSSuper Enterprise Agreement 2020 -2023.

[1] Emergency Services Superannuation Board T/A Emergency Service & State Super 
(the Employer) has made an application for approval of an enterprise agreement known as the 
ESSSuper Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair 
Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is 
attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment 
to any employee covered by the Agreement and 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, and on the basis of the material 
contained in the application, and the accompanying statutory declaration and the additional 
information provided by the Employer, I am satisfied that each of the requirements of ss 186, 
187, 188 and 190 as are relevant to this application for approval have been met. 

[4] The Community and Public Sector Union (CPSU), being a bargaining representative 
for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the 
Agreement.  In accordance with s 201(2) and based on the statutory declaration provided by 
the organisation, I note that the Agreement covers the organisation.

[2021] FWCA 2329

DECISION
FairWork 

Commission 


AUSTRALIA FairWork Commission




 



2

[5] The Agreement was approved on 28 April 2021 and, in accordance with s 54, will 
operate from 5 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE511212  PR728999


MMISSION LOS THE FAIR YORK 9 3HA




 



3

Annexure A

Classification: OFFICIAL 

IN THE FAIR WORK COMMISSION 

FWC Matter No.: 

AG2021/4331 

Applicant: 
Emergency Services Superannuation Board TIA Emergency Services and State Super 

Section 185 -Application for approval of a single enterprise agreement 

Undertaking -Section 190 
I, Bruce Garner, General Manager Corporate Services have the authority given to me by 
Emergency Services Superannuation Board to give the following undertakings with respect 
to the ESSSuper Enterprise Agreement 2020-2023 ("the Agreement") : 

1. Notwithstanding clause 50.2(c)(il) of the Agreement related to Long Service Leave, 
where the services of an employee with not less than four completed years of service , 
is terminated on account of age, ill health, retrenchment, or by death, the employee or 
the legal personal representative of the employee shall receive payment of a sum 
representing pay for service equal to 1140th of the period of service consistent with the 
award derived long service leave term in clause 26.1 .3 of the Victorian State Agencies 
Award 2003. 

2. Notwithstanding clause 16.1 (e) of the Agreement (termination of employment} in 
calculating any payment in lieu of notice. ESSSuper will pay to the Employee the full 
rate of pay for the hours the employee would have worked had the employment 
continued. 

3. Notwithstanding the rates of pay for ESS1 employees provided at Annexure A of the 
Agreement, ESSSuper will ensure that a reconciliation of earnings for ESS1 
employees as against the Award occurs at the end of each pay period. If a shortfall in 
the earnings of ESS1 is identified, ESSSuper wil l pay the relevant shortfall amount, 
plus an additional amount of 1.5% to ensure employees are better off overalt under the 
Agreement than they would be under the Award. As part of the reconciliation, ff a 
shortfall is identified, ESSSuper will make payment for the shortfall amount and the 
additional 1.5°/,, in the next pay period to the relevant employee{s). 

4. ESSSuper undertakes that the definition in clause 2.1 (I) will not apply and that the 
following definition will apply: 
'Overtime' means the hours worked by an Employee, at the direction of ESSSuper, 
wh ich are in addition to the Employee's ordinary hours on any day as defined in clause 
32.1 of the Agreement. Requirements for overtime and overtime entitlements for 
employees, among other matters, are set out in clause 35 of the Agreement 

These undertakings are provided on the basis of issues raised by the Fair Work Commission 

in the application before the Fair Work Commission. 

Signed on behalf of · Employer. __..,. 
I 

Signatom 

;l. l / 0 Cf, /2._,:, 2,, 

Date 


Classification: OFFICIAL IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/4331 Applicant: Emergency Services Superannuation Board T/A Emergency Services and State Super Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Bruce Garner, General Manager Corporate Services have the authority given to me by Emergency Services Superannuation Board to give the following undertakings with respect to the ESSSuper Enterprise Agreement 2020-2023 ("the Agreement"): 1. Notwithstanding clause 50,2(c)(il) of the Agreement related to Long Service Leave, where the services of an employee with not less than four completed years of service, is terminated on account of age, ill health, retrenchment, or by death, the employee or the legal personal representative of the employee shall receive payment of a sum representing pay for service equal to 1/40th of the period of service consistent with the award derived long service leave term in clause 26.1,3 of the Victorian State Agencies Award 2003. 2 Notwithstanding clause 16.1(e) of the Agreement (termination of employment) in calculating any payment in lieu of notice, ESSSuper will pay to the Employee the full rate of pay for the hours the employee would have worked had the employment continued. 3. Notwithstanding the rates of pay for ESS1 employees provided at Annexure A of the Agreement, ESSSuper will ensure that a reconciliation of earnings for ESS1 employees as against the Award occurs at the end of each pay period. If a shortfall in the earnings of ESS1 is identified, ESSSuper will pay the relevant shortfall amount, plus an additional amount of 1.5% to ensure employees are better off overall under the Agreement than they would be under the Award. As part of the reconciliation, if a shortfall is identified, ESSSuper will make payment for the shortfall amount and the additional 1.5% in the next pay period to the relevant employee(s). 4. ESSSuper undertakes that the definition in clause 2.1(1) will not apply and that the following definition will apply: "Overtime' means the hours worked by an Employee, at the direction of ESSSuper, which are in addition to the Employee's ordinary hours on any day as defined in clause 32.1 of the Agreement. Requirements for overtime and overtime entitlements for employees, among other matters, are set out in clause 35 of the Agreement. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signed on behalf of the Employer. Signature 21/04/2021 Date




 



ESSSu per 
ENTERPRISE AGREEMENT 2020 - 2023 

ESSSuper Enterprise Agreement 2020-2023 Page 1 of 74 


ESSSuper ENTERPRISE AGREEMENT 2020 - 2023 ESSSuper Enterprise Agreement 2020-2023 Page 1 of 74




 

HillS
New Stamp



Table of Contents 

PART 1 - CORE TERMS AND CONDITIONS OF THE AGREEMENT 
1. AGREEMENT TITLE 
2. DEFINITIONS AND INTERPRETATIONS 
3. COMMENCEMENT AND PERIO OF OPERATION 
4. PARTIES COVERED 
5. RENEGOTIATION PERIOD 
6. NO FURTHER CLAIMS 
7. ANTI-DISCRIMINATION 
8. GENDER EQUALITY 
9. INDIVIDUAL FLEXIBILITY ARRANGEMENTS 

PART 2 - OBJECTIVES 
10. OBJECTIVES OF THIS AGREEMENT 

PART 3- COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 
11. IMPLEMENTATION OF CHANGE 
12. REDEPLOYMENT 
13. RESOLUTION OF DISPUTES 

PART 4-TRANSFORMATION (VOYAGER) 
14. BUSINESS CONTINUITY PAYMENTS 

PART 5 - EMPLOYMENT RELATIONSHIP 
15. EMPLOYMENT CATEGORIES AND ENTITLEMENTS 
16. TERMINATION OF EMPLOYMENT 
17. COSTS OF EMPLOYMENT RELATED LEGAL PROCEEDINGS 
18. MANAGEMENT OF UNSATISFACTORY PERFORMANCE 
19. MANAGEMENT OF MISCONDUCT 

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PART 6 - SALARY AND RELATED MATTERS 29 
20. PATIENCE IN BARGAINING 29 
21 . SALARY INCREASES 29 
22. CLASSIFICATION AND SALARY STRUCTURE 29 
23. PERFORMANCE PLANNING AND REVIEW (PPR) 30 
24. PERFORMANCE TRAINING AND DEVELOPMENT 32 
25. CASUAL EMPLOYEE - LOADING 32 
26. PAYMENT OF SALARIES 32 
27. SALARY PACKAGING 33 
28. ALLOWANCES 33 
29. REIMBURSEMENT OF EXPENSES 36 
30. SUPERANNUATION 36 
31. EMPLOYER CONTRIBUTION RESPECT OF PRIMARY CAREGIVER PARENTAL LEAVE 36 

PART 7 - HOURS OF WORK AND RELATED MATTERS 
32. HOURS OF WORK 
33. FLEXIBLE WORKING ARRANGEMENTS 
34. HOMEBASED WORK 
35. OVERTIME 
36. CHILDCARE 
37. MEAL BREAKS 

PART 8- LEAVE ENTITLEMENTS 
38. STANDARD PAY FOR APPROVED LEAVE PURPOSES 
39. ANNUAL LEAVE 
40. PURCHASEDLEAVE 
41 . PUBLIC HOLIDAYS 
42. PERSONAL/ CARER'S LEAVE 
43. FAMILY VIOLENCE LEAVE 
44. COMPASSIONATE LEAVE 
45. PARENTAL LEAVE 
46. SURROGACY LEAVE 
47. CONDITIONAL LEAVE 

ESSSuper Enterprise Agreement 2020-2023 Page 2 of 74 

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Table of Contents PART 1 - CORE TERMS AND CONDITIONS OF THE AGREEMENT 1. AGREEMENT TITLE 4 2. DEFINITIONS AND INTERPRETATIONS COMMENCEMENT AND PERIO OF OPERATION 4 3. 4. PARTIES COVERED 5 5. RENEGOTIATION PERIOD 6. NO FURTHER CLAIMS 5 7. ANTI-DISCRIMINATION 6 8. GENDER EQUALITY 6 9. INDIVIDUAL FLEXIBILITY ARRANGEMENTS 8 PART 2 - OBJECTIVES 10 10. OBJECTIVES OF THIS AGREEMENT 10 PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 11 11. IMPLEMENTATION OF CHANGE 11 12. REDEPLOYMENT 12 13. RESOLUTION OF DISPUTES 12 PART 4 - TRANSFORMATION (VOYAGER) 14. BUSINESS CONTINUITY PAYMENTS 14 14 PART 5 - EMPLOYMENT RELATIONSHIP 15 15. EMPLOYMENT CATEGORIES AND ENTITLEMENTS 15 16. TERMINATION OF EMPLOYMENT 18 17. COSTS OF EMPLOYMENT RELATED LEGAL PROCEEDINGS MANAGEMENT OF UNSATISFACTORY PERFORMANCE 19 18. 20 19. MANAGEMENT OF MISCONDUCT 24 PART 6 - SALARY AND RELATED MATTERS 29 20. PATIENCE IN BARGAINING 29 21. SALARY INCREASES 22. CLASSIFICATION AND SALARY STRUCTURE 29 29 23. PERFORMANCE PLANNING AND REVIEW (PPR) 30 24. 25 PERFORMANCE TRAINING AND DEVELOPMENT 32 CASUAL EMPLOYEE - LOADING 26. 32 27. PAYMENT OF SALARIES 32 SALARY PACKAGING 33 28. ALLOWANCES 33 29. REIMBURSEMENT OF EXPENSES 36 30. SUPERANNUATION 31. EMPLOYER CONTRIBUTION RESPECT OF PRIMARY CAREGIVER PARENTAL LEAVE 36 36 PART 7 - HOURS OF WORK AND RELATED MATTERS 37 32. HOURS OF WORK 37 33. FLEXIBLE WORKING ARRANGEMENTS 38 34. HOMEBASED WORK 35. 38 OVERTIME 36. 38 CHILDCARE 40 37. MEAL BREAKS 40 PART 8 - LEAVE ENTITLEMENTS STANDARD PAY FOR APPROVED LEAVE PURPOSES 41 38. 41 39. ANNUAL LEAVE 41 40. PURCHASED LEAVE 41 41. PUBLIC HOLIDAYS 42. PERSONAL / CARER'S LEAVE 42 43. 43 FAMILY VIOLENCE LEAVE 45 44. COMPASSIONATE LEAVE 46 45. PARENTAL LEAVE 47 46. SURROGACY LEAVE 57 47. CONDITIONAL LEAVE 59 ESSSuper Enterprise Agreement 2020-2023 Page 2 of 74




 



48. SPECIAL LEAVE 
49. CULTURAL, RELIGIOUS AND CEREMONIAL LEAVE 
50. LONG SERVICE LEAVE 
51. COMMUNTY VOLUNTEERING LEAVE 
52. LEAVE FOR BLOOD DONATIONS 
53. LEAVE TO ENGAGE IN EMERGENCY SERVICES ACTIVITIES 
54. LEAVE FOR JURY DUTY OR COURT ATTENDANCE 
55. SPORTING PARTICIPATION LEAVE 
56. DEFENCE RESERVE LEAVE 
57. MILITARY SERVICE SICK LEAVE 
58. LEAVE TO ATTEND REHABILITATION PROGRAMS 
59. STUDY LEAVE 
60. DISCRETIONARY LEAVE 

PART 9 - OCCUPATIONAL HEALTH AND SAFETY 
61. ACCIDENT MAKE-UP PAY 
62. OCCUPATIONAL HEALTH AND SAFETY 
63. WORKLOADS 
64. INDUSTRIAL RELATIONS AND OHS TRAINING 

PART 10- OTHER MATTERS 
65. RIGHTS TO REPRESENTATION 
66. UNION RELATED MATTERS 

ATTACHMENT A: SALARY RANGES FOR CLASSIFICATION BANDS 

ATTACHMENT B: POSITIONS AND CLASSIFICATIONS 

SIGNATORIES 

ESSSuper Enterprise Agreement 2020-2023 Page 3 of 74 

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48. SPECIAL LEAVE 49. CULTURAL, RELIGIOUS AND CEREMONIAL LEAVE 59 58 50. LONG SERVICE LEAVE 59 51. COMMUNTY VOLUNTEERING LEAVE 63 52. LEAVE FOR BLOOD DONATIONS LEAVE TO ENGAGE IN EMERGENCY SERVICES ACTIVITIES 63 53. 63 54. LEAVE FOR JURY DUTY OR COURT ATTENDANCE 55. SPORTING PARTICIPATION LEAVE 63 64 56. DEFENCE RESERVE LEAVE 64 57. MILITARY SERVICE SICK LEAVE 64 58. LEAVE TO ATTEND REHABILITATION PROGRAMS 64 59. STUDY LEAVE 65 60. DISCRETIONARY LEAVE 65 PART 9 - OCCUPATIONAL HEALTH AND SAFETY 66 61. ACCIDENT MAKE-UP PAY 66 62. OCCUPATIONAL HEALTH AND SAFETY 66 63. WORKLOADS 66 64. INDUSTRIAL RELATIONS AND OHS TRAINING 67 PART 10 - OTHER MATTERS 68 65. RIGHTS TO REPRESENTATION 68 66. UNION RELATED MATTERS 68 ATTACHMENT A: SALARY RANGES FOR CLASSIFICATION BANDS 69 ATTACHMENT B: POSITIONS AND CLASSIFICATIONS 70 SIGNATORIES 74 ESSSuper Enterpose Agreement 2020-2022 Page 3 of 74




 



PART 1 - CORE TERMS AND CONDITIONS OF EMPLOYMENT 

1 AGREEMENT TITLE 

This Agreement will be known as the ESSSuper Enterprise Agreement 2020 - 2023. 

2 DEFINITIONS AND INTERPRETATION 

2.1 In this document, unless otherwise provided: 

(a) "Award" means the State Government Agencies Award 2020; 

(b) "Long Term Casual Employee" means a casual Employee who has been employed on a regular and 
systematic basis by their Employer for a sequence of periods of employment during a period of at 
least 12 months 

(c) "Employee" means an Employee of ESSSuper employed, or taken to have been employed, under 
section 13A of the Emergency Services Superannuation Act 1986 (Vic) and classified within one of 
the classification levels in Attachment B; 

(d) "Employee Couple" refers to two Employees (of any employer, not necessarily the same employer) 
who are in a spousal relationship; 

(e) "Employer" means the Emergency Services Superannuation Board (ABN 28 161 296 741) 
established under the Emergency Services Superannuation Act 1986 (Vic); 

(f) "FW Act" means the Fair Work Act 2009 (Cth); 

(g) "FWC" means the Fair Work Commission or any successor body; 

(h) "Immediate Family" includes the spouse (including de facto spouse), child (including biological 
children, step children and children through adoption, supervision order, guardianship order or other 
orders), parent, grandparent, grandchild and sibling of an Employee or their spouse (including de 
facto spouse); 

(i) "Manager" means the person holding a position to which an Employee reports; 

(j) "National Employment Standards"(NES) are the National Employment Standards set out in the FW 
Act; 

(k) "Ordinary Time Earnings" means the ordinary rate of pay an Employee receives for ordinary hours 
of work as defined by the Australian Taxation Office; 

(I) "Overtime" means the hours worked by an Employee, at the direction of ESSSuper, which are in 
addition to the Employee's ordinary hours of work on any day as established in accordance with 
clause 35; 

(m) "Party" means ESSSuper or an Employee; 

(n) "Probationary Period" means the period of time established in clause 1.1 (a)(a); 

(o) A spouse (including a former spouse, a de facto partner and a former de facto partner) of the 
Employee. A de facto partner means a person who, although not legally married to the Employee, 
lives with the Employee in a relationship as a couple on a genuine domestic basis (whether the 
Employee and the person are of the same sex or different sexes); 

(p) "Salary" means the wage or salary rate, which an Employee receives in the normal course of their 
duties; provided that Salary does not include any payment for overtime, shift work, standby, travelling 
allowance, or incidental expenses or any payment of a temporary character; and 

(q) "Union" means the Community and Public Sector Union (CPSU). 

ESSSuper Enterprise Agreement 2020-2023 Page 4 of 74 


PART 1 - CORE TERMS AND CONDITIONS OF EMPLOYMENT 1 AGREEMENT TITLE This Agreement will be known as the ESSSuper Enterprise Agreement 2020 - 2023. 2 DEFINITIONS AND INTERPRETATION 2.1 In this document, unless otherwise provided: (a) "Award" means the State Government Agencies Award 2020; (b) "Long Term Casual Employee" means a casual Employee who has been employed on a regular and systematic basis by their Employer for a sequence of periods of employment during a period of at least 12 months (c) "Employee" means an Employee of ESSSuper employed, or taken to have been employed, under section 13A of the Emergency Services Superannuation Act 1986 (Vic) and classified within one of the classification levels in Attachment B; (d) "Employee Couple" refers to two Employees (of any employer, not necessarily the same employer) who are in a spousal relationship; (e) "Employer" means the Emergency Services Superannuation Board (ABN 28 161 296 741) established under the Emergency Services Superannuation Act 1986 (Vic); (f) "FW Act" means the Fair Work Act 2009 (Cth); (g) "FWC" means the Fair Work Commission or any successor body; (h) "Immediate Family" includes the spouse (including de facto spouse), child (including biological children, step children and children through adoption, supervision order, guardianship order or other orders), parent, grandparent, grandchild and sibling of an Employee or their spouse (including de facto spouse); (i) "Manager" means the person holding a position to which an Employee reports; (i) "National Employment Standards"(NES) are the National Employment Standards set out in the FW Act; (k) "Ordinary Time Earnings" means the ordinary rate of pay an Employee receives for ordinary hours of work as defined by the Australian Taxation Office; (1) "Overtime" means the hours worked by an Employee, at the direction of ESSSuper, which are in addition to the Employee's ordinary hours of work on any day as established in accordance with clause 35; (m) "Party" means ESSSuper or an Employee; (n) "Probationary Period" means the period of time established in clause 1.1(a)(a); (0) A spouse (including a former spouse, a de facto partner and a former de facto partner) of the Employee. A de facto partner means a person who, although not legally married to the Employee, lives with the Employee in a relationship as a couple on a genuine domestic basis (whether the Employee and the person are of the same sex or different sexes); (p) "Salary" means the wage or salary rate, which an Employee receives in the normal course of their duties; provided that Salary does not include any payment for overtime, shift work, standby, travelling allowance, or incidental expenses or any payment of a temporary character; and (q) "Union" means the Community and Public Sector Union (CPSU). ESSSuper Enterprise Agreement 2020-2023 Page 4 Dl 74




 



2.2 In this Agreement: 

(a) a reference to a gender will include the other genders; 

(b) the single includes the plural and the plural includes the single; 

(c) "including" and similar words or expressions are not words of limitation; 

(d) references to legislation, policies and procedures include amendments and successors to these 
documents; 

(e) where reference is made to ESSSuper policy, the policy is for information only and does not form 
part of the Agreement; and 

(f) headings are for convenience only and do not form part of this Agreement. 

3 COMMENCEMENT DATE AND PERIOD OF OPERATION 

3.1 This Agreement will commence operation seven days after it is approved by the FWC and will have a nominal 
expiry date of 30 June 2023. 

3.2 After the nominal expiry date, this Agreement will continue to operate until it is replaced by a new agreement 
or is terminated in accordance with the FW Act. 

4 PARTIES COVERED 

4.1 This Agreement is made under Part 2-4 of the FW Act between ESSSuper and the Employees. 

4.2 This Agreement covers: 

(a) ESSSuper; 

(b) the Employees; and 

(c) the CPSU. 

5 RENEGOTIATION PERIOD 

5.1 With the aim of avoiding protracted negotiation for a new agreement, the Union and ESSSuper agree to a 
renegotiation period. The renegotiation period will commence six months prior to this Agreement expiring. 
The aim of the renegotiation period is to enable a new agreement to be reached in 2023. 

5.2 To meet this objective, the Union and ESSSuper agree that: 

(a) each will provide any proposals for change to this Agreement by 1 January 2023; 

(b) they will meet regularly to progress negotiations in good faith; 

(c) where agreement on a new agreement is not reached by April 2023, the parties will discuss whether 
they should seek the assistance of a mutually agreed conciliator or the FWC. This does not prevent 
the parties seeking assistance, by agreement, on any individual issue which is creating an impasse. 

5.3 During this period the Union and the ESSSuper will not act in a manner that is designed to frustrate good 
faith bargaining. 

6 NO FURTHER CLAIMS 

6.1 This Agreement is intended to set out, or set out processes for determining, all the terms and conditions of 
employment of the Employees for the period of operation of this Agreement. The Employees, ESSSuper and 
the Union agree that they will not make new claims during this period. 

ESSSuper Enterprise Agreement 2020-2023 Page 5 of 74 


2.2 In this Agreement: (a) a reference to a gender will include the other genders; (b) the single includes the plural and the plural includes the single; (c) "including" and similar words or expressions are not words of limitation; (d) references to legislation, policies and procedures include amendments and successors to these documents; (e) where reference is made to ESSSuper policy, the policy is for information only and does not form part of the Agreement; and (f) headings are for convenience only and do not form part of this Agreement. 3 COMMENCEMENT DATE AND PERIOD OF OPERATION 3.1 This Agreement will commence operation seven days after it is approved by the FWC and will have a nominal expiry date of 30 June 2023. 3.2 After the nominal expiry date, this Agreement will continue to operate until it is replaced by a new agreement or is terminated in accordance with the FW Act. 4 PARTIES COVERED 4.1 This Agreement is made under Part 2-4 of the FW Act between ESSSuper and the Employees 4.2 This Agreement covers: (a) ESSSuper; (b) the Employees; and (c) the CPSU. 5 RENEGOTIATION PERIOD 5.1 With the aim of avoiding protracted negotiation for a new agreement, the Union and ESSSuper agree to a renegotiation period. The renegotiation period will commence six months prior to this Agreement expiring. The aim of the renegotiation period is to enable a new agreement to be reached in 2023. 5,2 To meet this objective, the Union and ESSSuper agree that: (a) each will provide any proposals for change to this Agreement by 1 January 2023; (b) they will meet regularly to progress negotiations in good faith; (c) where agreement on a new agreement is not reached by April 2023, the parties will discuss whether they should seek the assistance of a mutually agreed conciliator or the FWC. This does not prevent the parties seeking assistance, by agreement, on any individual issue which is creating an impasse. 5.3 During this period the Union and the ESSSuper will not act in a manner that is designed to frustrate good faith bargaining. 6 NO FURTHER CLAIMS 6.1 This Agreement is intended to set out, or set out processes for determining, all the terms and conditions of employment of the Employees for the period of operation of this Agreement. The Employees, ESSSuper and the Union agree that they will not make new claims during this period. ESSSuper Enterprise Agreement 2020-2023 Page 3 of 74




 



7 ANTI-DISCRIMINATION 

7.1 It is the intention of the Parties covered by this Agreement to eliminate and prevent workplace discrimination 
through respecting and valuing the diversity of the workforce, by helping to prevent and eliminate 
discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital 
status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social 
origin. 

7.2 Accordingly, in fulfilling their obligations under the procedures in clause 13 the Parties must make every 
endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly 
discriminatory in their effects. 

7.3 Nothing in this clause is to be taken to affect: 

(a) any different treatment (or treatment having different effects) which is specifically exempted under 
Commonwealth legislation, including the FW Act; 

{b) an Employee, ESSSuper or the Union pursuing matters of discrimination in any State or Federal 
jurisdiction, including by application to the Australian Human Rights Commission. 

7.4 ESSSuper will act in accordance with: 

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

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

7.5 These obligations apply to ESSSuper but do not form part of this Agreement. 

8 GENDER EQUALITY 

8.1. Gender Pay Equity Principles 

The provisions of this Agreement are to be interpreted consistently with the following gender pay equity 
principles: 

(a) Establishing equal pay for work of equal or comparable value: Equal or comparable value refers to 
work valued as equal in terms of skill, effort, responsibility and working conditions. This includes work 
of different types. 

(b) Freedom from bias and discrimination: Employment and pay practices are free from the effects of 
unconscious bias and assumptions based on gender. 

(c) Transparency and accessibility: Employment and pay practices, pay rates and systems are 
transparent. Information is readily accessible and understandable. 

(d) Relationship between paid and unpaid work: Employment and pay practices recognise and account 
for different patterns of labour force participation by Employees who undertaking unpaid and/ or 
caring work. 

(e) Sustainability: Interventions and solutions are collectively developed and agreed, sustainable and 
enduring. 

(f) Participation and engagement: Employees, the Union and ESSSuper work collaboratively to achieve 
mutually agreed outcomes. 

8.2. Meaning of 'pay' 

In this clause, 'pay' refers to remuneration including but not limited to salary, bonuses, overtime payments, 
allowances and superannuation. 

8.3. Commitment to collaborative approach to achieving gender pay equity 

ESSSuper will work collaboratively with Employees and the Union to identify, support and implement 
strategies designed to eradicate the gender pay gap, gender inequality and discrimination. 

ESSSuper Enterprise Agreement 2020-2023 Page 6 of 74 


7 ANTI-DISCRIMINATION 7.1 It is the intention of the Parties covered by this Agreement to eliminate and prevent workplace discrimination through respecting and valuing the diversity of the workforce, by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 7.2 Accordingly, in fulfilling their obligations under the procedures in clause 13 the Parties must make every endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 7.3 Nothing in this clause is to be taken to affect: (a) any different treatment (or treatment having different effects) which is specifically exempted under Commonwealth legislation, including the FW Act; (b) an Employee, ESSSuper or the Union pursuing matters of discrimination in any State or Federal jurisdiction, including by application to the Australian Human Rights Commission. 7.4 ESSSuper will act in accordance with: (a) the Equal Opportunity Act 2010 (Vic); and (b) the Victorian Charter of Human Rights and Responsibilities. 7.5 These obligations apply to ESSSuper but do not form part of this Agreement. 8 GENDER EQUALITY 8.1. Gender Pay Equity Principles The provisions of this Agreement are to be interpreted consistently with the following gender pay equity principles: (a) Establishing equal pay for work of equal or comparable value: Equal or comparable value refers to work valued as equal in terms of skill, effort, responsibility and working conditions. This includes work of different types. (b) Freedom from bias and discrimination: Employment and pay practices are free from the effects of unconscious bias and assumptions based on gender. (c) Transparency and accessibility: Employment and pay practices, pay rates and systems are transparent, Information is readily accessible and understandable. (d) Relationship between paid and unpaid work: Employment and pay practices recognise and account for different patterns of labour force participation by Employees who undertaking unpaid and/ or caring work. (e) Sustainability: Interventions and solutions are collectively developed and agreed, sustainable and enduring. (f) Participation and engagement: Employees, the Union and ESSSuper work collaboratively to achieve mutually agreed outcomes .. 8.2. Meaning of 'pay' In this clause, 'pay' refers to remuneration including but not limited to salary, bonuses, overtime payments, allowances and superannuation. 8.3. Commitment to collaborative approach to achieving gender pay equity ESSSuper will work collaboratively with Employees and the Union to identify, support and implement strategies designed to eradicate the gender pay gap, gender inequality and discrimination. ESSSuper Enterprise Agreement 2028-2023 Page 6 of 7a




 



8.4. Claims relating to systemic gender equality issues 

(a) A systemic gender equality issue means an issue of a systemic nature within ESSSuper which 
adversely affects a class or group of employees of ESSSuper, relating to: 

(i) The gender composition of any or all workforce levels of ESSuper; or 

(ii) The gender composition of governing bodies; or 

(iii) Equal remuneration for work of equal or comparable value across any or all workforce levels 
of ESSSuper irrespective of gender; or 

(iv) Sexual harassment in the workplace; or 

(v) Recruitment and promotion practices in the workplace; or 

(vi) Availability and utilisation of terms, conditions and practices in the workplace relating to 
family violence leave, flexible working arrangements and working arrangements supporting 
Employees with family or caring responsibilities; or 

(vii) Gendered workplace segregation. 

(b) The Union and/or a class or group of Employees (Claimant/s) may seek resolution of a dispute 
relating to a systemic gender equality issue (Claim) in accordance with this clause. 

(c) A Claim or Claims under this clause must be made in writing to ESSSuper. 

(d) In the first instance the Claim should include sufficient detail for ESSSuper to make a reasonable 
assessment of the nature of the Claim, the Employees impacted by the Claim and any proposals to 
resolve the Claim . 

(e) ESSSuper must meet and discuss the Claim with the Claimant prior to responding to the Claim. 

(f) ESSSuper must respond to the Claim in writing to the Claimant/s, within a reasonable time, including 
enough details in the response to allow the Claimant to understand the ESSSuper's response to 
each element of the Claim, including reasons why the Claim is accepted or rejected. 

(g) If the Claim is unable to be resolved between ESSSuper and the Claimant/s, either the Claimant/s 
or ESSSuper may refer the Claim to the Public Sector Gender Equality Commissioner 
(Commissioner) to deal with . 

(h) In dealing with a Claim, the Commissioner: 

(i) Must consider the Gender Pay Equity Principles articulated in clause 8.1 above; and 

(ii) Must be objective and free from assumptions based on gender; and 

(iii) Must acknowledge that current pre-existing views, conclusions or assessments of 
comparable worth or value may not be free of assumptions based on gender; and 

(iv) Must ensure that skills, responsibilities, effort and conditions that are commonly undervalued 
such as social and communication skills, responsibility for wellbeing of others, emotional 
effort, cultural knowledge and sensitivity are considered; and 

(v) Must ensure that dispute resolution outcomes consider current or historical gender-based 
discrimination and do not further promote systemic undervaluation, and 

(vi) Must deal with the Claim in a manner that is independent of ESSSuper or the Claimant; and 

(vii) Must consider evidence that the Claim may not be isolated to ESSSuper subject to the Claim 
but may affect Employees from other public sector employers not covered by this Agreement; 
and 

ESSSuper Enterprise Agreement 2020-2023 Page 7 of 74 


8.4 Claims relating to systemic gender equality issues (a) A systemic gender equality issue means an issue of a systemic nature within ESSSuper which adversely affects a class or group of employees of ESSSuper, relating to: (i) The gender composition of any or all workforce levels of ESSuper; or (ii) The gender composition of governing bodies; or (iii) Equal remuneration for work of equal or comparable value across any or all workforce levels of ESSSuper irrespective of gender; or (iv) Sexual harassment in the workplace; or (v) Recruitment and promotion practices in the workplace; or (vi) Availability and utilisation of terms, conditions and practices in the workplace relating to family violence leave, flexible working arrangements and working arrangements supporting Employees with family or caring responsibilities; or (vii) Gendered workplace segregation. (b) The Union and/or a class or group of Employees (Claimant/s) may seek resolution of a dispute relating to a systemic gender equality issue (Claim) in accordance with this clause. (c) A Claim or Claims under this clause must be made in writing to ESSSuper. (d) In the first instance the Claim should include sufficient detail for ESSSuper to make a reasonable assessment of the nature of the Claim, the Employees impacted by the Claim and any proposals to resolve the Claim. (e) ESSSuper must meet and discuss the Claim with the Claimant prior to responding to the Claim. (f) ESSSuper must respond to the Claim in writing to the Claimant/s, within a reasonable time, including enough details in the response to allow the Claimant to understand the ESSSuper's response to each element of the Claim, including reasons why the Claim is accepted or rejected. (g) If the Claim is unable to be resolved between ESSSuper and the Claimant/s, either the Claimant/s or ESSSuper may refer the Claim to the Public Sector Gender Equality Commissioner (Commissioner) to deal with. (h) In dealing with a Claim, the Commissioner: (i) Must consider the Gender Pay Equity Principles articulated in clause 8.1 above; and (ii) Must be objective and free from assumptions based on gender; and (iii) Must acknowledge that current pre-existing views, conclusions or assessments of comparable worth or value may not be free of assumptions based on gender; and (iv) Must ensure that skills, responsibilities, effort and conditions that are commonly undervalued such as social and communication skills, responsibility for wellbeing of others, emotional effort, cultural knowledge and sensitivity are considered; and (v) Must ensure that dispute resolution outcomes consider current or historical gender-based discrimination and do not further promote systemic undervaluation, and (vi) Must deal with the Claim in a manner that is independent of ESSSuper or the Claimant; and (vii) Must consider evidence that the Claim may not be isolated to ESSSuper subject to the Claim but may affect Employees from other public sector employers not covered by this Agreement; and ESSSuper Enterprise Agreement 2020-2023- Page 7 of 74




 



(viii) May jointly deal with a Claim and any other dispute which has been referred to the 
Commissioner which relates to the same or similar systemic gender equality issues; and 

(ix) Must consider the views of the Claimant prior to jointly dealing with multiple Claims or 
disputes; and 

(x) May otherwise deal with the Claim in any way the Commissioner considers appropriate, 
consistent with the requirements of the Gender Equality Act 2020 (Vic). This can include 
mediation, conciliation, making recommendations or offering opinions. 

(i) If a Claim is unable to be resolved by the Commissioner, either the Claimant or ESSSuper may refer 
the Claim to the Fair Work Commission for resolution pursuant to clause 13. 

U) This clause does not apply to any dispute regarding a matter or matters arising in the course of 
bargaining in relation to a proposed enterprise agreement. 

(k) A Claimant or ESSSuper may choose to be represented at any stage by a representative, including 
a Union representative or Employer's organisation. 

(I) The Claimant and ESSSuper and their representatives must genuinely attempt to resolve the dispute 
through the processes set out in this clause and must cooperate to ensure that these processes are 
carried out expeditiously. 

(m) Whilst a Claim is being dealt with in accordance with this clause, work must continue in accordance 
with usual practice, provided that this does not apply to an Employee who has a reasonable concern 
about an imminent risk to their health or safety, has advised ESSSuper of this concern and has not 
unreasonably failed to comply with a direction by ESSSuper to perform other available work that is 
safe and appropriate for the Employee to perform. No party will be prejudiced as to the final 
settlement of the Claim by the continuance of work in accordance with this clause. 

8.5. Gender Equality Action Plans 

ESSSuper will consult with the Union in the preparation of Gender Equality Action Plans under the Gender 
Equality Act 2020 (VIC). 

9 INDIVIDUAL FLEXIBILITY ARRANGEMENTS 

9.1 ESSSuper and an Employee covered by this Enterprise Agreement may agree to make an individual flexibility 
arrangement to vary the effects of terms of the Agreement if: 

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

(i) Remuneration arrangements for Employees employed in the ESS4 classification; 

(ii) Arrangement about when work is performed; 

(iii) Overtime rates; 

(iv) Penalty rates; 

(v) Allowances; 

(vi) Leave loading; and 

(b) The arrangements meets the genuine needs of ESSSuper and the Employee in relation to one or 
more of the matters mentioned in paragraph (a); and 

(c) The arrangements are genuinely agreed to by ESSSuper and Employee. 

9.2 ESSSuper must ensure that the terms of the individual flexibility arrangement: 

(a) Are about permitted matters under section 172 of the FW Act; and 

ESSSuper Enterprise Agreement 2020-2023 Page 8 of 74 


(viii) May jointly deal with a Claim and any other dispute which has been referred to the Commissioner which relates to the same or similar systemic gender equality issues; and (ix) Must consider the views of the Claimant prior to jointly dealing with multiple Claims or disputes; and (x) May otherwise deal with the Claim in any way the Commissioner considers appropriate, consistent with the requirements of the Gender Equality Act 2020 (Vic). This can include mediation, conciliation, making recommendations or offering opinions. (i) If a Claim is unable to be resolved by the Commissioner, either the Claimant or ESSSuper may refer the Claim to the Fair Work Commission for resolution pursuant to clause 13. (i) This clause does not apply to any dispute regarding a matter or matters arising in the course of bargaining in relation to a proposed enterprise agreement. (k) A Claimant or ESSSuper may choose to be represented at any stage by a representative, including a Union representative or Employer's organisation. (1) The Claimant and ESSSuper and their representatives must genuinely attempt to resolve the dispute through the processes set out in this clause and must cooperate to ensure that these processes are carried out expeditiously. (m) Whilst a Claim is being dealt with in accordance with this clause, work must continue in accordance with usual practice, provided that this does not apply to an Employee who has a reasonable concern about an imminent risk to their health or safety, has advised ESSSuper of this concern and has not unreasonably failed to comply with a direction by ESSSuper to perform other available work that is safe and appropriate for the Employee to perform. No party will be prejudiced as to the final settlement of the Claim by the continuance of work in accordance with this clause. 8.5. Gender Equality Action Plans ESSSuper will consult with the Union in the preparation of Gender Equality Action Plans under the Gender Equality Act 2020 (VIC). 9 INDIVIDUAL FLEXIBILITY ARRANGEMENTS 9.1 ESSSuper and an Employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effects of terms of the Agreement if: (a) The agreement deals with one or more of the following matters: (i) Remuneration arrangements for Employees employed in the ESS4 classification; (ii) Arrangement about when work is performed; (iii) Overtime rates; (Iv) Penalty rates; (v) Allowances; (vi) Leave loading; and (b) The arrangements meets the genuine needs of ESSSuper and the Employee in relation to one or more of the matters mentioned in paragraph (a); and (c) The arrangements are genuinely agreed to by ESSSuper and Employee. 9.2 ESSSuper must ensure that the terms of the individual flexibility arrangement: (a) Are about permitted matters under section 172 of the FW Act; and ESSSuper Enterprise Agreement 2020-2023 Page 8 of 7




 



(b) Are not unlawful terms under section 194 of the FW Act; and 

(c) Result in the Employee being better off overall than the Employee would be if no arrangement was 
made. 

9.3 ESSSuper must ensure that the individual flexibility arrangement: 

(a) Is in writing; and 

(b) Includes the name of ESSSuper and Employee; and 

(c) Is signed by ESSSuper and the Employee and if the Employee is under 18 years of age, signed by 
a parent or guardian of the Employee; and 

(d) Includes details of: 

(i) The terms of the Enterprise Agreement that will be varied by the arrangement; and 

(ii) How the arrangement will vary the effect of the terms; and 

(iii) 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 arrangements; and 

(e) State the day on which the arrangement commences. 

9.4 ESSSuper must give the Employee a copy of the individual flexibility arrangement within 14-days after it is 
agreed to. 

9.5 ESSSuper or the Employee may terminate the individual flexibility arrangement: 

(a) By giving not more than 28 days written notice to the other party to the arrangement; or 

(b) If ESSSuper and the Employee agree in writing at any time. 

ESSSuper Enterprise Agreement 2020-2023 Page 9 of 74 


(b) Are not unlawful terms under section 194 of the FW Act; and (c) Result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 ESSSuper must ensure that the individual flexibility arrangement: (a) Is in writing; and (b) Includes the name of ESSSuper and Employee; and (c) Is signed by ESSSuper and the Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) Includes details of: (1) The terms of the Enterprise Agreement that will be varied by the arrangement; and (ii) How the arrangement will vary the effect of the terms; and (iii) 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 arrangements; and (e) State the day on which the arrangement commences. 9.4 ESSSuper must give the Employee a copy of the individual flexibility arrangement within 14-days after it is agreed to. 9.5 ESSSuper or the Employee may terminate the individual flexibility arrangement: (a) By giving not more than 28 days written notice to the other party to the arrangement; or (b) If ESSSuper and the Employee agree in writing at any time. ESSSuper Enterprise Agreement 2020-2023 Page 9 o/ 741




 



PART 2 - OBJECTIVES 

10 OBJECTIVES OF THIS AGREEMENT 

10.1 In this Agreement, ESSSuper and the Employees are committed to building on our achievements to date, to 
ensure a productive and flexible workplace that will deliver efficient services to members and a co-operative 
and satisfying work environment for the Employees. 

10.2 The objective of this Agreement is to build upon and extend the achievements of previous agreements by 
promoting: 

(a) a culture of performance, innovation and continuous improvement, which enables the Employees to 
contribute to improving the business and share in the rewards of high performance; 

(b) a fair and equitable workplace where the Employees are provided with opportunities to develop their 
professional knowledge, skills and experience; 

(c) a workplace where the Employees are encouraged to achieve a balance between their professional 
and personal life; 

(d) open and direct communication between ESSSuper and the Employees; and 

(e) clarity and understanding of the common terms and conditions of employment. 

10.3 The parties agree to cooperate in achieving ESSSuper's strategic goals. 

ESSSuper Enterprise Agreement 2020-2023 Page 10 of 74 


PART 2 - OBJECTIVES 10 OBJECTIVES OF THIS AGREEMENT 10.1 In this Agreement, ESSSuper and the Employees are committed to building on our achievements to date, to ensure a productive and flexible workplace that will deliver efficient services to members and a co-operative and satisfying work environment for the Employees. 10.2 The objective of this Agreement is to build upon and extend the achievements of previous agreements by promoting: (a) a culture of performance, innovation and continuous improvement, which enables the Employees to contribute to improving the business and share in the rewards of high performance; (b) a fair and equitable workplace where the Employees are provided with opportunities to develop their professional knowledge, skills and experience; (c) a workplace where the Employees are encouraged to achieve a balance between their professional and personal life; (d) open and direct communication between ESSSuper and the Employees; and (e) clarity and understanding of the common terms and conditions of employment. 10.3 The parties agree to cooperate in achieving ESSSuper's strategic goals. ESSSoper Enterprise Agreement 2020-2023




 



PART 3-COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 

11 IMPLEMENTATION OF CHANGE 

Employees have the right to be represented for the purposes of the procedures in this clause. 

11.1 Major Workplace Changes 

Where ESSSuper has made a decision for a major workplace change that is likely to have a significant effect 
on Employees, such as a restructure of the workplace, the introduction of new technology, or changes to 
existing work practices of Employees, ESSSuper will advise the relevant Employees and their nominated 
representatives (including a Union representative where applicable) of: 

(a) the proposed changes as soon as practicable after the date of the decision; 

(b) the likely effects on the Employees' working conditions and responsibilities; and 

(c) the rationale and intended benefits of any change, including improvements to productivity, if 
applicable. 

11.2 ESSSuper will consult with the relevant Employees and their nominated representative where applicable and 
give prompt consideration to matters raised by those Employees and their nominated representatives. 

11.3 Where appropriate ESSSuper will provide training for the relevant Employees to assist them to integrate 
successfully into any new structure. 

11.4 Relevant Employees and their nominated representatives may submit alternative proposals which will meet 
the indicated rationale and benefits of the proposal: 

(a) Where those Employees or their nominated representatives intend to submit an alternative proposal, 
notification of that intention must be made to ESSSuper within 10 days of receiving advice of the 
proposed change. 

(b) Such alternative proposals must be submitted in a timely manner so as not to lead to an 
unreasonable delay in the introduction of any contemplated change. 

(c) If such a proposal is made ESSSuper must give considered reasons to the relevant Employees and 
their nominated representative if ESSSuper does not accept the proposal. 

11.5 ESSSuper is not required to disclose confidential or commercially sensitive information to the relevant 
Employees. 

11.6 Changes to regular roster or ordinary hours of work 

(a) This clause applies if ESSSuper proposes to introduce a change to the regular roster or ordinary 
hours of Employees. 

(b) ESSSuper must notify the relevant Employees of the proposed change. 

(c) As soon as practicable after proposing to introduce the change, ESSSuper 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 ESSSuper reasonably believes will be the effects of the 
change on the relevant Employees; and 

(C) information about any other matters that ESSSuper reasonably believes are likely to 
affect the relevant Employees; and 

ESSSuper Enterprise Agreement 2020-2023 Page 11 of 74 


PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 11 IMPLEMENTATION OF CHANGE Employees have the right to be represented for the purposes of the procedures in this clause. 11.1 Major Workplace Changes Where ESSSuper has made a decision for a major workplace change that is likely to have a significant effect on Employees, such as a restructure of the workplace, the introduction of new technology, or changes to existing work practices of Employees, ESSSuper will advise the relevant Employees and their nominated representatives (including a Union representative where applicable) of: (a) the proposed changes as soon as practicable after the date of the decision; (b) the likely effects on the Employees' working conditions and responsibilities; and (c) the rationale and intended benefits of any change, including improvements to productivity, if applicable. 11.2 ESSSuper will consult with the relevant Employees and their nominated representative where applicable and give prompt consideration to matters raised by those Employees and their nominated representatives. 11.3 Where appropriate ESSSuper will provide training for the relevant Employees to assist them to integrate successfully into any new structure. 11.4 Relevant Employees and their nominated representatives may submit alternative proposals which will meet the indicated rationale and benefits of the proposal: (a) Where those Employees or their nominated representatives intend to submit an alternative proposal, notification of that intention must be made to ESSSuper within 10 days of receiving advice of the proposed change. (b) Such alternative proposals must be submitted in a timely manner so as not to lead to an unreasonable delay in the introduction of any contemplated change. (c) If such a proposal is made ESSSuper must give considered reasons to the relevant Employees and their nominated representative if ESSSuper does not accept the proposal. 11.5 ESSSuper is not required to disclose confidential or commercially sensitive information to the relevant Employees. 11.6 Changes to regular roster or ordinary hours of work (a) This clause applies if ESSSuper proposes to introduce a change to the regular roster or ordinary hours of Employees. (b) ESSSuper must notify the relevant Employees of the proposed change. (c) As soon as practicable after proposing to introduce the change, ESSSuper must: (1) discuss with the relevant Employees the introduction of the change; and (1) 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 ESSSuper reasonably believes will be the effects of the change on the relevant Employees; and (C) information about any other matters that ESSSuper reasonably believes are likely to affect the relevant Employees; and ESSSuper Enterprise Agreement 2020-2023 Page 11 of 74




 



(D) 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). 

(d) ESSSuper must give prompt and genuine consideration to matters raised about the change by the 
relevant Employees. 

11. 7 Any dispute regarding the Parties' obligations under this clause 11 will be dealt with in accordance with 
clause 13. 

12 REDEPLOYMENT 

12.1 Any situation of redeployment or redundancy will be managed in accordance with the Victorian Government's 
Public Sector Redundancy, Redeployment and Retrenchment policy. This policy does not form part of this 
Agreement. 

12.2 In managing redundancy, ESSSuper will identify any suitable alternative roles for the relevant individuals 
with ESSSuper and its associated entities. 

12.3 Where suitable alternative roles cannot be identified within ESSSuper and its associated entities, ESSSuper 
will provide support and assistance to relevant Employees to assist them to pursue other options that may 
be available. 

13 RESOLUTION OF DISPUTES 

13.1 If a dispute relates to a matter arising under this Agreement other than termination of employment or the 
National Employment Standards, this clause sets out procedures to settle that dispute. 

13.2 An Employee who is a party to the dispute may appoint a representative at any stage for the purposes of the 
procedures in this clause. 

13.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by 
discussions between the Employee(s) and their Manager(s). 

13.4 If any party to the dispute who is covered by this Agreement refers the dispute to an established internal 
dispute resolution process, the matter must first be dealt with according to that process, provided that the 
process is conducted as expeditiously as possible and: 

(a) is consistent with the rules of natural justice; 

(b) provides for mediation or conciliation of the dispute; 

(c) provides that ESSSuper will take into consideration the views of the Employee(s) or the Manager(s) 
on who should conduct the internal dispute resolution process; and 

(d) is conducted with as little formality as a proper consideration of the dispute allows. 

13.5 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter 
to the FWC. 

13.6 The FWC will deal with the dispute in two stages: 

(a) the FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation, 
conciliation, expressing an opinion or making a recommendation, but not by arbitration; and 

(b) if the FWC is unable to resolve the dispute at the first stage, the FWC may then: 

(i) arbitrate the dispute; and 

(ii) make a determination that is binding on the parties. 

13.7 An appeal may be made by either party against a determination of the FWC. 

13.8 While the parties are trying to resolve the dispute using the procedures in this term: 

ESSSuper Enterprise Agreement 2020-2023 Page 12 of 74 


(D) 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). (d) ESSSuper must give prompt and genuine consideration to matters raised about the change by the relevant Employees. 11.7 Any dispute regarding the Parties' obligations under this clause 11 will be dealt with in accordance with clause 13. 12 REDEPLOYMENT 12.1 Any situation of redeployment or redundancy will be managed in accordance with the Victorian Government's Public Sector Redundancy, Redeployment and Retrenchment policy. This policy does not form part of this Agreement. 12.2 In managing redundancy, ESSSuper will identify any suitable alternative roles for the relevant individuals with ESSSuper and its associated entities. 12.3 Where suitable alternative roles cannot be identified within ESSSuper and its associated entities, ESSSuper will provide support and assistance to relevant Employees to assist them to pursue other options that may be available. 13 RESOLUTION OF DISPUTES 13.1 If a dispute relates to a matter arising under this Agreement other than termination of employment or the National Employment Standards, this clause sets out procedures to settle that dispute. 13.2 An Employee who is a party to the dispute may appoint a representative at any stage for the purposes of the procedures in this clause. 13.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee(s) and their Manager(s). 13.4 If any party to the dispute who is covered by this Agreement refers the dispute to an established internal dispute resolution process, the matter must first be dealt with according to that process, provided that the process is conducted as expeditiously as possible and: (a) is consistent with the rules of natural justice; (b) provides for mediation or conciliation of the dispute; (c) provides that ESSSuper will take into consideration the views of the Employee(s) or the Manager(s) on who should conduct the internal dispute resolution process; and (d) is conducted with as little formality as a proper consideration of the dispute allows. 13.5 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the FWC. 13.6 The FWC will deal with the dispute in two stages: (a) the FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation, but not by arbitration; and (b) if the FWC is unable to resolve the dispute at the first stage, the FWC may then. (i) arbitrate the dispute; and (ii) make a determination that is binding on the parties. 13.7 An appeal may be made by either party against a determination of the FWC. 13.8 While the parties are trying to resolve the dispute using the procedures in this term: ESSSuper Enterprise Agreement 2020-2023 Page 12 of /4




 



(a) the relevant Employee(s) must continue to perform their work as they would normally unless they 
have a reasonable concern about an imminent risk to their health or safety; in which case the relevant 
Employee(s) must comply with a reasonable direction given by ESSSuper to perform other available 
work that is safe and appropriate for the Employee(s) to perform. 

(b) No person covered by this Agreement will be prejudiced as to the final settlement of the dispute by 
the continuance of work in accordance with this clause. 

13.9 Subject to the right of appeal in clause 13. 7, the parties to the dispute agree to be bound by a decision made 
by the FWC in accordance with this clause. 

ESSSuper Enterprise Agreement 2020-2023 Page 13 of 74 


(a) the relevant Employee(s) must continue to perform their work as they would normally unless they have a reasonable concern about an imminent risk to their health or safety; in which case the relevant Employee(s) must comply with a reasonable direction given by ESSSuper to perform other available work that is safe and appropriate for the Employee(s) to perform. (b) No person covered by this Agreement will be prejudiced as to the final settlement of the dispute by the continuance of work in accordance with this clause. 13.9 Subject to the right of appeal in clause 13.7, the parties to the dispute agree to be bound by a decision made by the FWC in accordance with this clause. ESSSuper Enterprise Agreement 2020-2023 Page 1 of 74




 



PART 4- TRANSFORMATION (VOYAGER) 

14 BUSINESS CONTINUTY PAYMENTS 

14.1 In recognition of the demands on Employees arising from implementation of our transformation program, the 
importance we place on retaining Employees through this period and the likely need for annual performance 
plans to be more flexible and adaptable during this period, ESSSuper will provide two one-off payments as 
follows: 

(a) $1,500 paid on 9 October 2020 or commencement of the Agreement whichever is later to Employees 
who were employed at 1 March 2020 and who remain employed to the payment date; and 

(b) $3,000 paid on 17 June 2021 to Employees who were employed at 30 September 2020 and who 
remain employed to the payment date; 

14.2 Where Employees leave ESSSuper before the payment date as a result of taking up employment with the 
third-party vendor, the Victorian Public Sector (VPS) and the separation is endorsed by ESSSuper or 
redundancy, the payments the Employee is eligible for but not paid will be included as an additional 
entitlement at the time of separation. 

14.3 This clause does not apply to casual Employees. 

ESSSuper Enterprise Agreement 2020-2023 Page 14 of 74 


PART 4 - TRANSFORMATION (VOYAGER) 14 BUSINESS CONTINUTY PAYMENTS 14.1 In recognition of the demands on Employees arising from implementation of our transformation program, the importance we place on retaining Employees through this period and the likely need for annual performance plans to be more flexible and adaptable during this period, ESSSuper will provide two one-off payments as follows: (a) $1,500 paid on 9 October 2020 or commencement of the Agreement whichever is later to Employees who were employed at 1 March 2020 and who remain employed to the payment date; and (b) $3,000 paid on 17 June 2021 to Employees who were employed at 30 September 2020 and who remain employed to the payment date; 14.2 Where Employees leave ESSSuper before the payment date as a result of taking up employment with the third-party vendor, the Victorian Public Sector (VPS) and the separation is endorsed by ESSSuper or redundancy, the payments the Employee is eligible for but not paid will be included as an additional entitlement at the time of separation. 14.3 This clause does not apply to casual Employees. ESSSuper Enterprise Agreement 2020-2023 Page 14 oF I.




 



PART 5 - EMPLOYMENT RELATIONSHIP 

15 EMPLOYMENT CATEGORIES AND ENTITLEMENTS 

15.1 Basis of Employment 

(a) Employees may be employed in one of the following categories: 

(i) an ongoing basis, either full-time or part-time; 

(ii) a fixed term basis, either full-time or part-time; or 

(iii) a casual basis . 

15.2 Job Information 

(a) As soon as practicable after the commencement of employment by an Employee, the Employee will 
be provided, in writing or electronically, with details of the job title, classification level and position 
description for their position. 

(b) The Employee will carry out the duties described in their position description, and other duties 
consistent with their skills and experience, and will comply with all lawful and reasonable directions 
of ESSSuper. 

(c) It is understood that over time an Employee's job requirements may change as a result of changes 
to ESSSuper's strategy, introduction of new products and member service standards. 

(d) In the event that job requirements change, an affected Employee and their Manager will consult to 
revise the Employees' position description and if necessary, the Employee's annual performance 
plan. 

(e) ESSSuper will provide the Employee with a copy of this Agreement. 

15.3 Probationary Period - New Employee 

(a) On the commencement of employment by an Employee, the Employee other than a casual Employee 
will be employed pursuant to a Probationary Period which, subject to clause 15.3(b), will be for a 
period of three months from the commencement date. 

(b) A Probationary Period may be extended by a further three months in the following circumstances: 

(i) for positions requiring extensive training; or 

(ii) where the relevant Employee's immediate supervisor has serious concerns regarding the 
Employee's performance or conduct; or 

(iii) if non-attendance at work limits ESSSuper's ability to properly assess the relevant Employee. 

(c) During the Probationary Period ESSSuper will assess if an Employee is suitable for the role. 

(d) During the Probationary Period, the relevant Employee will be provided with reasonable support to 
develop towards the required standards outlined in the position description. This may include 
increased supervision, further training or coaching where appropriate. 

(e) An Employee's employment may be terminated by ESSSuper during the Employee's Probationary 
Period where the Employee is unable to demonstrate satisfactory progress towards the required 
levels of reasonable performance or conduct expected of the role, despite coaching and training. 

(f) Where clause 15.3(e) applies, ESSSuper will terminate the Employee's employment during, or at the 
cessation of the Probationary Period, by the giving of two weeks' notice or two weeks' payment in 
lieu of notice. 

ESSSuper Enterprise Agreement 2020-2023 Page 15 of 74 


PART 5 - EMPLOYMENT RELATIONSHIP 15 EMPLOYMENT CATEGORIES AND ENTITLEMENTS 15.1 Basis of Employment (a) Employees may be employed in one of the following categories: (i) an ongoing basis, either full-time or part-time; (ii) a fixed term basis, either full-time or part-time; or (iii) a casual basis. 15.2 Job Information (a) As soon as practicable after the commencement of employment by an Employee, the Employee will be provided, in writing or electronically, with details of the job title, classification level and position description for their position. (b) The Employee will carry out the duties described in their position description, and other duties consistent with their skills and experience, and will comply with all lawful and reasonable directions of ESSSuper. (c) It is understood that over time an Employee's job requirements may change as a result of changes to ESSSuper's strategy, introduction of new products and member service standards. (d) In the event that job requirements change, an affected Employee and their Manager will consult to revise the Employees' position description and if necessary, the Employee's annual performance plan. (e) ESSSuper will provide the Employee with a copy of this Agreement. 15.3 Probationary Period - New Employee (a) On the commencement of employment by an Employee, the Employee other than a casual Employee will be employed pursuant to a Probationary Period which, subject to clause 15.3(b), will be for a period of three months from the commencement date. (b) A Probationary Period may be extended by a further three months in the following circumstances: (i) for positions requiring extensive training; or (ii) where the relevant Employee's immediate supervisor has serious concerns regarding the Employee's performance or conduct; or (iii) if non-attendance at work limits ESSSuper's ability to properly assess the relevant Employee. (c) During the Probationary Period ESSSuper will assess if an Employee is suitable for the role. (d) During the Probationary Period, the relevant Employee will be provided with reasonable support to develop towards the required standards outlined in the position description. This may include increased supervision, further training or coaching where appropriate. (e) An Employee's employment may be terminated by ESSSuper during the Employee's Probationary Period where the Employee is unable to demonstrate satisfactory progress towards the required levels of reasonable performance or conduct expected of the role, despite coaching and training. (f) Where clause 15.3(e) applies, ESSSuper will terminate the Employee's employment during, or at the cessation of the Probationary Period, by the giving of two weeks' notice or two weeks' payment in lieu of notice. ESSSuper Enterprise Agreement 2020-2023 Page 15 of74




 



(g) Where an Employee's employment is terminated during the Probationary Period on the grounds of 
serious misconduct, ESSSuper is not required to provide any payment in lieu of notice. 

(h) Unless an Employee's employment is terminated earlier in accordance with the above, at the end of 
the Probationary Period, ESSSuper will confirm in writing the Employee's appointment in the terms 
outlined in the Employee's contract. 

(i) A person initially employed on a fixed term basis who, without a break of employment, is employed 
on an ongoing basis will have the fixed term employment taken into account in the determination of 
any Probationary Period. 

15.4 Ongoing Employment 

(a) Ongoing employment is employment that is not subject to a fixed term or a pre-determined finish 
date. 

15.5 Part-Time Employment 

(a) Provisions relating to Salary, leave and all other entitlements contained within this Agreement will 
apply to part-time Employees on a pro rata basis, unless otherwise stated, and will be calculated on 
the number of ordinary hours worked. 

(b) Part-time employment is for not less than 3 consecutive hours in any day worked, except where the 
relevant Employee works from home by agreement with ESSSuper, or in exceptional circumstances 
with the agreement of the Employee. 

(c) Part-time employment may be worked by agreement between the relevant Employee and ESSSuper, 
where that agreement includes a roster specifying: 

(i) the days in each fortnight the Employee will work; 

(ii) the start and finish times on the days the Employee will work; 

(iii) the number of hours the Employee will work on each day; and 

(iv) agreed processes for the variation of hours of work. 

(d) Such an agreed roster will be considered the relevant Employee's ordinary hours and may only be 
changed by agreement between ESSSuper and the Employee. 

(e) Employees may apply to their Manager to change their employment arrangements from full time to 
part-time or vice versa, or, where part-time, to change the agreed roster as established per clause 
15.S(c). Changes in employment arrangements will be considered subject to operational 
requirements and budgets. 

(f) Additional hours worked by a part-time Employee, over their ordinary hours of work, are eligible for 
Overtime payments (clause 35). 

15.6 Casual Employment 

(a) A casual Employee is an Employee engaged on a casual basis for the purpose of ad hoc or irregular 
work. 

(b) Casual employment will be for not less than three consecutive hours in any day worked, except 
where the relevant Employee works from home by agreement with ESSSuper, or in exceptional 
circumstances. 

15.7 Right to request casual conversion 

(a) An Employee engaged by ESSSuper as a long term casual Employee may request that their 
employment be converted to full-time or part-time employment. 

ESSSuper Enterprise Agreement 2020-2023 Page 16 of 74 


(g) Where an Employee's employment is terminated during the Probationary Period on the grounds of serious misconduct, ESSSuper is not required to provide any payment in lieu of notice. (h) Unless an Employee's employment is terminated earlier in accordance with the above, at the end of the Probationary Period, ESSSuper will confirm in writing the Employee's appointment in the terms outlined in the Employee's contract. (i) A person initially employed on a fixed term basis who, without a break of employment, is employed on an ongoing basis will have the fixed term employment taken into account in the determination of any Probationary Period. 15.4 Ongoing Employment (a) Ongoing employment is employment that is not subject to a fixed term or a pre-determined finish date. 15.5 Part-Time Employment (a) Provisions relating to Salary, leave and all other entitlements contained within this Agreement will apply to part-time Employees on a pro rata basis, unless otherwise stated, and will be calculated on the number of ordinary hours worked. (b) Part-time employment is for not less than 3 consecutive hours in any day worked, except where the relevant Employee works from home by agreement with ESSSuper, or in exceptional circumstances with the agreement of the Employee. (c) Part-time employment may be worked by agreement between the relevant Employee and ESSSuper, where that agreement includes a roster specifying: (i) the days in each fortnight the Employee will work; (ii) the start and finish times on the days the Employee will work; (iii) the number of hours the Employee will work on each day; and (iv) agreed processes for the variation of hours of work. (d) Such an agreed roster will be considered the relevant Employee's ordinary hours and may only be changed by agreement between ESSSuper and the Employee. (e) Employees may apply to their Manager to change their employment arrangements from full time to part-time or vice versa, or, where part-time, to change the agreed roster as established per clause 15.5(c). Changes in employment arrangements will be considered subject to operational requirements and budgets. (f) Additional hours worked by a part-time Employee, over their ordinary hours of work, are eligible for Overtime payments (clause 35). 15.6 Casual Employment (a) A casual Employee is an Employee engaged on a casual basis for the purpose of ad hoc or irregular work. (b) Casual employment will be for not less than three consecutive hours in any day worked, except where the relevant Employee works from home by agreement with ESSSuper, or in exceptional circumstances. 15.7 Right to request casual conversion (a) An Employee engaged by ESSSuper as a long term casual Employee may request that their employment be converted to full-time or part-time employment. ESSSuper Enterprise Agreement 2020-2023 Page 10 of 74




 



(b) A long term 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 
award. 

(c) A long term casual Employee who has worked equivalent full-time hours over the preceding period 
of 12 months' casual employment may request to have their employment converted to full-time 
employment. 

(d) A long term casual Employee who has worked less than equivalent full-time hours over the preceding 
period of 12 months' casual employment may request to have their employment converted to part­
time employment consistent with the pattern of hours previously worked. 

(e) Any request must be in writing and provided to ESSSuper. 

(f) Where a long term casual Employee seeks to convert to full-time or part-time employment, 
ESSSuper may agree to or refuse the request, but the request may only be refused on reasonable 
grounds and after there has been consultation with the Employee. 

(g) Reasonable grounds for refusal include that: 

(i) it would require a significant adjustment to the long term casual Employee's hours of work in 
order for the Employee to be engaged as a full-time or part-time Employee, that is, the long 
term casual Employee is not truly a long term casual Employee as defined; 

(ii) it is known or reasonably foreseeable that the long term 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 long term casual 
Employee is required to perform will be significantly reduced in the next 12 months; or 

(iv) it is known or reasonably 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. 

(v) For any ground of refusal to be reasonable, it must be based on facts which are known or 
reasonably foreseeable. 

(h) Where ESSSuper refuses a long term casual Employee's request to convert, ESSSuper must 
provide the casual Employee with ESSuper's reasons for refusal in writing within 21 days of the 
request being made. 

(i) If the Employee does not accept ESSSuper's refusal, this will constitute a dispute that will be dealt 
with under the dispute resolution procedure in clause 13. Under that procedure, the Employee or 
ESSSuper may refer the matter to the Fair Work Commission if the dispute cannot be resolved at 
the workplace level. 

(j) Where it is agreed that a casual Employee will have their employment converted to full-time or part­
time employment, ESSSuper and the Employee must discuss and record in writing: 

(i) the form of employment to which the Employee will convert, that is, full-time or part-time 
employment; and 

(ii) if it is agreed that the Employee will become a part-time Employee, 

the conversion will take effect from the start of the next pay cycle following such agreement being 
reached unless otherwise agreed. 

(k) Once a casual Employee has converted to full-time or part-time employment, the Employee may only 
revert to casual employment with the written agreement of ESSSuper. 

ESSSuper Enterprise Agreement 2020-2023 Page 17 of 74 


(b) A long term 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 award. (c) A long term casual Employee who has worked equivalent full-time hours over the preceding period of 12 months' casual employment may request to have their employment converted to full-time employment. (d) A long term casual Employee who has worked less than equivalent full-time hours over the preceding period of 12 months' casual employment may request to have their employment converted to part- time employment consistent with the pattern of hours previously worked. (e) Any request must be in writing and provided to ESSSuper. (f) Where a long term casual Employee seeks to convert to full-time or part-time employment, ESSSuper may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the Employee. (g) Reasonable grounds for refusal include that: (i) it would require a significant adjustment to the long term casual Employee's hours of work in order for the Employee to be engaged as a full-time or part-time Employee, that is, the long term casual Employee is not truly a long term casual Employee as defined; (ii) it is known or reasonably foreseeable that the long term 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 long term casual Employee is required to perform will be significantly reduced in the next 12 months; or (iv) it is known or reasonably 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. (v) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. (h) Where ESSSuper refuses a long term casual Employee's request to convert, ESSSuper must provide the casual Employee with ESSuper's reasons for refusal in writing within 21 days of the request being made. (i) If the Employee does not accept ESSSuper's refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 13. Under that procedure, the Employee or ESSSuper may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. (i) Where it is agreed that a casual Employee will have their employment converted to full-time or part- time employment, ESSSuper and the Employee must discuss and record in writing: (i) the form of employment to which the Employee will convert, that is, full-time or part-time employment; and (II) if it is agreed that the Employee will become a part-time Employee, the conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. (k) Once a casual Employee has converted to full-time or part-time employment, the Employee may only revert to casual employment with the written agreement of ESSSuper. ESSSuper Enterunse Agreement 2020-2023 Page 17 of 74




 



(I) A casual Employee must not be engaged and re-engaged (which includes a refusal to re-engage), 
or have their hours reduced or varied, in order to avoid any right or obligation under this clause 15.7. 

(m) Nothing obliges a long term casual Employee to convert to full-time or part-time employment, nor 
permits ESSSuper to require a long term casual Employee to so convert. 

(n) Nothing in this clause 15.7 requires ESSSuper to increase the hours of a long term casual Employee 
seeking conversion to full-time or part-time employment. 

(o) ESSSuper must provide a casual Employee, whether a long term casual Employee or not, with a 
copy of the provisions of this clause 15. 7 within the first 12 months of the Employee's first 
engagement to perform work. In respect of casual Employees already employed as at the 
commencement of this Agreement, ESSSuper must provide such Employees with a copy of the 
provisions of this clause 15. 7 by the first of the Month following commencement of the Agreement. 

(p) A casual Employee's right to request to convert is not affected if ESSSuper fails to comply with the 
notice requirements in clause 15.7(0). 

15.8 Fixed Term Employment 

(a) Fixed term employment is the employment of an Employee by ESSSuper with either a pre­
determined end date for the employment or an end date for the employment based on the conclusion 
of a specified body of work or project, subject to earlier termination in accordance with this 
Agreement. 

(b) Fixed term Employees are eligible for all leave and benefits set out in this Agreement. 

(c) Any Employee who is engaged on a fixed term contract of less than 12 months duration will be 
provided with a pro-rata personal/carer's leave allocation according to the following formula: Term of 
contract in days, divided by 365, multiplied by 15. 

(d) Provided there is no break in service, Employees who are employed on an ongoing basis 
immediately following fixed term employment will have their fixed term employment recognised as 
service, and any accrued or pro-rata entitlements carried forward . 

15.9 Secure Employment 

(a) ESSSuper acknowledges the positive impact that secure employment has on Employees. 

(b) ESSSuper makes explicit its preference for offering secure employment and commits to only use 
casual/ fixed term employment arrangements by exception to meet specific organisational needs. 

16 TERMINATION OF EMPLOYMENT 

16.1 Notice of termination by Employer 

(a) 

(b) 

In order to terminate the employment of an Employee, other than a casual Employee, ESSSuper 
must give to the Employee the following minimum notice period: 

CONTINUOUS SERVICE PERIOD NOTICE PERIOD 

Employee classified as ESS1 / ESS2 
2 weeks Less than 3 years 

Employee classified as ESS1 / ESS2 
3 weeks 

3 years or more 
Employee classified as ESS3 / ESS4; and 
Employees with greater than five (5) years continuous service 4 weeks 
No minimum continuous service required 

An Employee over 45 years of age is entitled to an additional week's notice where their continuous 
service is not less than two years at the time of providing notice. 

ESSSuper Enterprise Agreement 2020-2023 Page 18 of 74 


(1) A casual Employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause 15.7. (m) Nothing obliges a long term casual Employee to convert to full-time or part-time employment, nor permits ESSSuper to require a long term casual Employee to so convert. (n) Nothing in this clause 15.7 requires ESSSuper to increase the hours of a long term casual Employee seeking conversion to full-time or part-time employment. (o) ESSSuper must provide a casual Employee, whether a long term casual Employee or not, with a copy of the provisions of this clause 15.7 within the first 12 months of the Employee's first engagement to perform work. In respect of casual Employees already employed as at the commencement of this Agreement, ESSSuper must provide such Employees with a copy of the provisions of this clause 15.7 by the first of the Month following commencement of the Agreement. (p) A casual Employee's right to request to convert is not affected if ESSSuper fails to comply with the notice requirements in clause 15.7(o). 15.8 Fixed Term Employment (a) Fixed term employment is the employment of an Employee by ESSSuper with either a pre- determined end date for the employment or an end date for the employment based on the conclusion of a specified body of work or project, subject to earlier termination in accordance with this Agreement. (b) Fixed term Employees are eligible for all leave and benefits set out in this Agreement. (c) Any Employee who is engaged on a fixed term contract of less than 12 months duration will be provided with a pro-rata personal/carer's leave allocation according to the following formula: Term of contract in days, divided by 365, multiplied by 15. (d) Provided there is no break in service, Employees who are employed on an ongoing basis immediately following fixed term employment will have their fixed term employment recognised as service, and any accrued or pro-rata entitlements carried forward. 15.9 Secure Employment (a) ESSSuper acknowledges the positive impact that secure employment has on Employees. (b) ESSSuper makes explicit its preference for offering secure employment and commits to only use casual / fixed term employment arrangements by exception to meet specific organisational needs. 16 TERMINATION OF EMPLOYMENT 16. Notice of termination by Employer (a) In order to terminate the employment of an Employee, other than a casual Employee, ESSSuper must give to the Employee the following minimum notice period: CONTINUOUS SERVICE PERIOD NOTICE PERIOD Employee classified as ESS1 / ESS2 Less than 3 years 2 weeks Employee classified as ESS1 / ESS2 3 years or more 3 weeks Employee classified as ESS3 / ESS4; and Employees with greater than five (5) years continuous service 4 weeks No minimum continuous service required (b) An Employee over 45 years of age is entitled to an additional week's notice where their continuous service is not less than two years at the time of providing notice. ESSSuper Enterprise Agreement 2020-2023 Page 18 of 7-4




 



(c) Where ESSSuper has given notice of termination to an Employee, the Employee will be allowed 
reasonable time off, without loss of pay, for the purposes of seeking other employment. The time off 
will be taken at times that are agreed with the Employee's relevant Manager. 

(d) Where ESSSuper does not require an Employee to work the entirety of, or a part of, the relevant 
notice period; ESSSuper may terminate the Employee's employment and provide the applicable 
payment in lieu of notice. 

(e) In calculating any payment in lieu of notice, ESSSuper will use the Salary the relevant Employee 
would have received for the ordinary time they would have worked during the period of notice had 
their employment not been terminated. 

(f) Where an Employee's employment is terminated on the grounds of serious misconduct, ESSSuper 
is not required to provide any notice of termination. 

16.2 Employee Resignation 

(a) An Employee may resign at any time by providing written notice to ESSSuper. The notice period 
required is the same as the notice period required of ESSSuper under clause 16.1 (a). 

(b) During their Probationary Period, an Employee may resign by giving at least one week's written 
notice to ESSSuper. 

16.3 Abandonment of Employment 

(a) Abandonment of employment is the unapproved absence of an Employee without reasonable 
grounds as described in clause 16.3 (b ). 

(b) ESSSuper is entitled to regard the employment of an Employee as abandoned if: 

(i) the Employee has been absent for more than 20 working days without the approval of 
ESSSuper; and 

(ii) the Employee has not provided ESSSuper with a reasonable explanation for their absence; 
and 

(iii) ESSSuper, after having made reasonable inquiries, could not reasonably be aware of any 
reasonable grounds for the absence. 

(c) Abandonment of employment constitutes grounds for termination by ESSSuper if the employment 
has not otherwise ended. 

(d) If ESSSuper terminates an Employee's employment due to abandonment of employment, ESSSuper 
will provide notice of termination or pay in lieu of notice in accordance with clause 16.1 (a). 

16.4 Rights not limited 

(a) This clause does not limit the rights of Employees to pursue any other legal remedy in respect of 
termination of employment. 

17 COSTS OF EMPLOYMENT RELATED LEGAL PROCEEDINGS 

17.1 If an Employee is required to attend or participate in a proceeding, hearing, examination, inquiry or 
investigative process on matters which arise from the performance of the Employee's duties, ESSSuper must 
meet the Employee's reasonable legal costs relating to the Employee's appearance and legal representation 
in the matter. This includes a matter before a Royal Commission, Independent Board-based Anti-Corruption 
Commission, Ombudsman's or a Coroner's inquest. 

17.2 For the avoidance of doubt, clause 17.1 does not apply in circumstances where the Employee makes the 
complaint in connection with their own employment. 

ESSSuper Enterprise Agreement 2020-2023 Page 19 of74 


(c) Where ESSSuper has given notice of termination to an Employee, the Employee will be allowed reasonable time off, without loss of pay, for the purposes of seeking other employment. The time off will be taken at times that are agreed with the Employee's relevant Manager. (d) Where ESSSuper does not require an Employee to work the entirety of, or a part of, the relevant notice period; ESSSuper may terminate the Employee's employment and provide the applicable payment in lieu of notice, (e) In calculating any payment in lieu of notice, ESSSuper will use the Salary the relevant Employee would have received for the ordinary time they would have worked during the period of notice had their employment not been terminated. (f) Where an Employee's employment is terminated on the grounds of serious misconduct, ESSSuper is not required to provide any notice of termination. 16.2 Employee Resignation (a) An Employee may resign at any time by providing written notice to ESSSuper. The notice period required is the same as the notice period required of ESSSuper under clause 16.1(a). (b) During their Probationary Period, an Employee may resign by giving at least one week's written notice to ESSSuper. 16.3 Abandonment of Employment (a) Abandonment of employment is the unapproved absence of an Employee without reasonable grounds as described in clause 16.3 (b). (b) ESSSuper is entitled to regard the employment of an Employee as abandoned if: (i) ESSSuper; and the Employee has been absent for more than 20 working days without the approval of (ii) the Employee has not provided ESSSuper with a reasonable explanation for their absence; and (iii) ESSSuper, after having made reasonable inquiries, could not reasonably be aware of any reasonable grounds for the absence. (c) Abandonment of employment constitutes grounds for termination by ESSSuper if the employment has not otherwise ended. (d) If ESSSuper terminates an Employee's employment due to abandonment of employment, ESSSuper will provide notice of termination or pay in lieu of notice in accordance with clause 16.1(a). 16.4 Rights not limited (a) This clause does not limit the rights of Employees to pursue any other legal remedy in respect of termination of employment. 17 COSTS OF EMPLOYMENT RELATED LEGAL PROCEEDINGS 17.1 If an Employee is required to attend or participate in a proceeding, hearing, examination, inquiry or investigative process on matters which arise from the performance of the Employee's duties, ESSSuper must meet the Employee's reasonable legal costs relating to the Employee's appearance and legal representation in the matter. This includes a matter before a Royal Commission, Independent Board-based Anti-Corruption Commission, Ombudsman's or a Coroner's inquest. 17.2 For the avoidance of doubt, clause 17.1 does not apply in circumstances where the Employee makes the complaint In connection with their own employment. ESSSuper Enterpose Agreement 2020-2023 Page 19 l 74




 



17.3 Where legal proceedings are initiated against an Employee as a direct consequence of the Employee 
legitimately and properly performing their duties, ESSSuper will not unreasonably withhold agreement to 
meet the Employee's reasonable legal costs relating to the defence of such proceedings. 

17.4 Where, as a direct consequence of an Employee legitimately and properly performing their duties, it is 
necessary to obtain an intervention order or similar remedy against a person, ESSSuper will not 
unreasonably withhold agreement to meet the Employee's reasonable legal costs in obtaining the order or 
remedy. 

17.5 An Employee's Manager must ensure that an application under this clause to meet reasonable legal costs 
will be referred to the appropriate person or body to enable the application to be decided expeditiously. 

18 MANAGEMENT OF UNSATISFACTORY WORK PERFORMANCE 

18.1 Purpose 

The purpose of this clause is to: 

(a) support Employees with unsatisfactory work performance to improve their performance to the 
required standard; 

(b) ensure that an Employee's unsatisfactory work performance is addressed expeditiously; 

(c) reflect ESSSuper's values with the aim of ensuring that Employees are treated fairly and reasonably; 
and 

(d) provide a fair and transparent framework for action to be taken where an Employee continues to 
perform below ESSSuper's expected standard. 

18.2 Application 

(a) Subject to applicable Victorian and Federal legislation, action taken by ESSSuper in relation to an 
Employee's unsatisfactory work performance will be consistent with this clause. 

(b} This clause applies to all Employees except casual Employees and Employees subject to a 
Probationary Period. 

18.3 Referred unsatisfactory work performance matters 

(a) ESSSuper may at any time elect, where there is a reasonable cause, to manage an Employee's work 
performance in accordance with clause 19. Once an election has been made by ESSSuper under 
this clause, any matters that have arisen under the process in this clause may be considered in the 
process pursuant to clause 19. 

18.4 Meaning of unsatisfactory work performance 

(a) An Employee's work performance is unsatisfactory if the Employee fails to meet the requirements 
described in: 

(i) the Code of Conduct for Victorian Public Sector Employees as issued under section 61 of 
the Public Administration Act 2004 (Vic); 

(ii) the ESSSuper Code of Conduct; 

(iii) any individual performance plans in place regarding the Employee; and 

(iv) any formal and informal descriptions of the required standards or expectations of their role. 

18.5 Procedural fairness to apply 

(a) The process for managing an Employee's unsatisfactory work performance will be consistent with 
the principles of procedural fairness . 

ESSSuper Enterprise Agreement 2020-2023 Page 20 of 74 


17.3 Where legal proceedings are initiated against an Employee as a direct consequence of the Employee legitimately and properly performing their duties, ESSSuper will not unreasonably withhold agreement to meet the Employee's reasonable legal costs relating to the defence of such proceedings. 17.4 Where, as a direct consequence of an Employee legitimately and properly performing their duties, it is necessary to obtain an intervention order or similar remedy against a person, ESSSuper will not unreasonably withhold agreement to meet the Employee's reasonable legal costs in obtaining the order or remedy. 17.5 An Employee's Manager must ensure that an application under this clause to meet reasonable legal costs will be referred to the appropriate person or body to enable the application to be decided expeditiously. 18 MANAGEMENT OF UNSATISFACTORY WORK PERFORMANCE 18.1 Purpose The purpose of this clause is to: (a) support Employees with unsatisfactory work performance to improve their performance to the required standard; (b) ensure that an Employee's unsatisfactory work performance is addressed expeditiously; (c) reflect ESSSuper's values with the aim of ensuring that Employees are treated fairly and reasonably; and (d) provide a fair and transparent framework for action to be taken where an Employee continues to perform below ESSSuper's expected standard. 18.2 Application (a) Subject to applicable Victorian and Federal legislation, action taken by ESSSuper in relation to an Employee's unsatisfactory work performance will be consistent with this clause. (b) This clause applies to all Employees except casual Employees and Employees subject to a Probationary Period. 18.3 Referred unsatisfactory work performance matters (a) ESSSuper may at any time elect, where there is a reasonable cause, to manage an Employee's work performance in accordance with clause 19. Once an election has been made by ESSSuper under this clause, any matters that have arisen under the process in this clause may be considered in the process pursuant to clause 19. 18.4 Meaning of unsatisfactory work performance (a) An Employee's work performance is unsatisfactory if the Employee fails to meet the requirements described in: (i) the Code of Conduct for Victorian Public Sector Employees as issued under section 61 of the Public Administration Act 2004 (Vic); (ii) the ESSSuper Code of Conduct; (iii) any individual performance plans in place regarding the Employee; and (iv) any formal and informal descriptions of the required standards or expectations of their role. 18.5 Procedural fairness to apply (a) The process for managing an Employee's unsatisfactory work performance will be consistent with the principles of procedural fairness. ESSSuper Enterprise Agreement 2020-2029 Page 20 of 74




 



(b) All parties involved in the process will commit to completing it as quickly as practicable. 

(c) Before commencing formal unsatisfactory work performance processes, ESSSuper must: 

(i) tell the Employee the purpose for any meetings; 

(ii) provide the Employee with a copy of the formal unsatisfactory work performance process to 
be followed as outlined in clause 18.9; 

(iii) provide a reasonable opportunity for the Employee to seek advice from the Union or a 
representative of their choice before the unsatisfactory work performance process 
commences; and 

(iv) allow the Employee the opportunity to provide details of any mitigating circumstances and/or 
reasons that may prevent them from participating in the process. 

(d) ESSSuper must take into account any reasonable explanation of any failure by the Employee to 
participate in the formal unsatisfactory work performance processes before making a decision under 
this clause 18. 

18.6 Employee representation 

(a) An Employee is entitled to be represented by a representative of their choice (including a Union 
representative) and/or be accompanied by a support person of their choice at any stage of the review 
meetings of the process. 

18.7 Prior to commencing the process 

(a) Unsatisfactory performance procedure should be commenced at the lowest and most informal level 
appropriate to the unsatisfactory performance exhibited by the Employee. 

(b) Prior to commencing the formal unsatisfactory work performance process, ESSSuper must: 

(i) consider organisational or personal factors that play a role in the Employee's unsatisfactory 
work performance and consider alternatives to the unsatisfactory work performance process 
to address the problem; and 

(ii) have a reasonable expectation that the Employee is capable of meeting the required level of 
performance. Where ESSSuper and the Employee agree that the Employee is not capable of 
meeting the required level of performance, ESSSuper may transfer the Employee to a suitable 
alternative position where reasonably practicable. 

18.8 Commencing the formal unsatisfactory work performance process 

(a) Where ESSSuper considers that informal attempts to address an Employee's unsatisfactory work 
performance have been unsuccessful, ESSSuper may proceed to formally manage the Employee's 
unsatisfactory work performance in accordance with , but not limited to, all or some of the following 
measures: 

(i) increased supervision; 

(ii) changes to the Employee's performance plan; 

(iii) mentoring; 

(iv) training and professional development; 

(v) increased feedback; 

(vi) coaching; and 

(vii) implementing a performance improvement plan. 

ESSSuper Enterprise Agreement 2020-2023 Page 21 of 74 


(b) All parties involved in the process will commit to completing it as quickly as practicable. (c) Before commencing formal unsatisfactory work performance processes, ESSSuper must: (i) tell the Employee the purpose for any meetings; (ii) provide the Employee with a copy of the formal unsatisfactory work performance process to be followed as outlined in clause 18.9; (iii) provide a reasonable opportunity for the Employee to seek advice from the Union or a representative of their choice before the unsatisfactory work performance process commences; and (iv) allow the Employee the opportunity to provide details of any mitigating circumstances and/or reasons that may prevent them from participating in the process. (d) ESSSuper must take into account any reasonable explanation of any failure by the Employee to participate in the formal unsatisfactory work performance processes before making a decision under this clause 18. 18.6 Employee representation (a) An Employee is entitled to be represented by a representative of their choice (including a Union representative) and/or be accompanied by a support person of their choice at any stage of the review meetings of the process. 18.7 Prior to commencing the process (a) Unsatisfactory performance procedure should be commenced at the lowest and most informal level appropriate to the unsatisfactory performance exhibited by the Employee. (b) Prior to commencing the formal unsatisfactory work performance process, ESSSuper must: (i) consider organisational or personal factors that play a role in the Employee's unsatisfactory work performance and consider alternatives to the unsatisfactory work performance process to address the problem; and (ii) have a reasonable expectation that the Employee is capable of meeting the required level of performance. Where ESSSuper and the Employee agree that the Employee is not capable of meeting the required level of performance, ESSSuper may transfer the Employee to a suitable alternative position where reasonably practicable. 18.8 Commencing the formal unsatisfactory work performance process (a) Where ESSSuper considers that informal attempts to address an Employee's unsatisfactory work performance have been unsuccessful, ESSSuper may proceed to formally manage the Employee's unsatisfactory work performance in accordance with, but not limited to, all or some of the following measures; (i) increased supervision; (ii) changes to the Employee's performance plan; (iii) mentoring; (iv) training and professional development; (v) increased feedback; (vi) coaching; and (vii) implementing a performance improvement plan. ESSSuper Enterpnce Agreement 2020/2023 Page 27 of 74




 



18.9 First stage - formal counselling 

(a) The first stage of formal management of unsatisfactory work performance is formal counselling of 
the Employee. ESSSuper must: 

(i) advise the Employee of the unsatisfactory work performance and confirm the 
commencement of the formal counselling stage; 

(ii) outline the standard required of the Employee; 

(iii) provide the Employee with an opportunity to respond within a reasonable timeframe; and 

(iv) provide the Employee with an opportunity to improve within a reasonable timeframe. 

(b) The Employee will be advised of the consequences of not improving their performance within a 
reasonable period of time and of engaging in any further unsatisfactory work performance. 

(c) A record of the formal counselling session will be placed on the Employee's personnel file. 

(d) The formal counselling record must indicate: 

(i) the standard required of the Employee; 

(ii) where and how the Employee is not meeting this standard; and 

(iii) the consequences if the Employee fails to improve their performance including that continued 
or repeated unsatisfactory work performance may result in termination of the Employee's 
employment. 

(e) If ESSSuper determines that the Employee has met the required standard of performance during the 
reasonable timeframe referred to in clause 18.9(a)(iv) ESSSuper will notify the Employee that: 

(i) the formal unsatisfactory work performance process has been completed; and 

(ii) no further action will be taken by ESSSuper unless the Employee engages in continued or 
repeated unsatisfactory work performance, in which case the formal unsatisfactory work 
performance process may continue to the next stage. 

(f) A copy of this notification will be placed on the Employee's personnel file. 

18.10 Second stage- formal written warning 

(a) An Employee will be given a formal written warning by ESSSuper, if: 

(i) following formal counselling, the Employee's performance has not improved within the 
reasonable period in accordance with clause 1 )a)i)(1 )(iv); and/or 

(ii) the Employee engages in further unsatisfactory work performance. 

(b) ESSSuper must: 

(i) advise the Employee of the unsatisfactory work performance; 

(ii) outline the standard required of the Employee; 

(iii) provide the Employee with an opportunity to respond within a reasonable timeframe; and 

(iv) provide the Employee with an opportunity to improve within a reasonable timeframe. 

(c) The formal written warning must indicate: 

(i) the standard required of the Employee; 

ESSSuper Enterprise Agreement 2020-2023 Page 22 of74 


18.9 First stage - formal counselling (a) The first stage of formal management of unsatisfactory work performance is formal counselling of the Employee. ESSSuper must: (i) advise the Employee of the unsatisfactory work performance and confirm the commencement of the formal counselling stage; (ii) outline the standard required of the Employee; (iii) provide the Employee with an opportunity to respond within a reasonable timeframe; and (iv) provide the Employee with an opportunity to improve within a reasonable timeframe. (b) The Employee will be advised of the consequences of not improving their performance within a reasonable period of time and of engaging in any further unsatisfactory work performance. (c) A record of the formal counselling session will be placed on the Employee's personnel file. (d) The formal counselling record must indicate: (i) the standard required of the Employee; (ii) where and how the Employee is not meeting this standard; and (iii) the consequences if the Employee fails to improve their performance including that continued or repeated unsatisfactory work performance may result in termination of the Employee's employment. (e) If ESSSuper determines that the Employee has met the required standard of performance during the reasonable timeframe referred to in clause 18.9(a)(iv) ESSSuper will notify the Employee that: (i) the formal unsatisfactory work performance process has been completed; and (ii) no further action will be taken by ESSSuper unless the Employee engages in continued or repeated unsatisfactory work performance, in which case the formal unsatisfactory work performance process may continue to the next stage. A copy of this notification will be placed on the Employee's personnel file. 18.10 Second stage - formal written warning (a) An Employee will be given a formal written warning by ESSSuper, if: (i) following formal counselling, the Employee's performance has not improved within the reasonable period in accordance with clause 1)a)i)(1)(iv); and/or (ii) the Employee engages in further unsatisfactory work performance. (b) ESSSuper must: (i) advise the Employee of the unsatisfactory work performance; (ii) outline the standard required of the Employee; (iii) provide the Employee with an opportunity to respond within a reasonable timeframe; and (iv) provide the Employee with an opportunity to improve within a reasonable timeframe. (c) The formal written warning must indicate: (i) the standard required of the Employee; ESSSuper Enterprise Agreement 2020-2023 Page 22 OF 74




 



(ii) where and how the Employee is not meeting this standard; and 

(iii) the consequences if the Employee fails to improve their performance including that continued 
or repeated unsatisfactory work performance may result in termination of the Employee's 
employment. 

(d) The written warning will be placed on the Employee's personnel file. 

(e) If ESSSuper determines that the Employee has met the required standard of performance during the 
reasonable timeframe referred to in clause 18.1 O(b )(iv), ESSSuper will notify the Employee that: 

(i) the formal unsatisfactory work performance process has been completed; and 

(ii) no further action will be taken by ESSSuper unless the Employee engages in continued or 
repeated unsatisfactory work performance, in which case the formal unsatisfactory work 
performance process may continue to the next stage. 

(f) A copy of this notification will be placed on the Employee's personnel file. 

18.11 Third stage - final warning 

(a) An Employee will be given a final warning by ESSSuper if: 

(i) following receipt of a formal written warning, the Employee's performance has not improved 
within the reasonable time period in accordance with clause 18.1 O(b )(iv); and/or 

(ii) the Employee engages in further unsatisfactory work performance. 

(b) ESSSuper must: 

(i) advise the Employee of the unsatisfactory work performance; 

(ii) outline the standard required of the Employee; 

(iii) provide the Employee with an opportunity to respond within a reasonable timeframe; and 

(iv) provide the Employee with an opportunity to improve within a reasonable timeframe. 

(c) The final written warning must indicate: 

(i) the standard required of the Employee; 

(ii) where and how the Employee is not meeting this standard; and 

(iii) the consequences if the Employee fails to improve their performance including that 
continued or repeated unsatisfactory work performance may result in termination of the 
Employee's employment. 

(d) The final written warning will be placed on the Employee's personnel file. 

(e) If ESSSuper determines that the Employee has met the required standard of performance during the 
reasonable timeframe referred to in clause 18.11 (b )(iv), ESSSuper will notify the Employee that: 

(i) the formal unsatisfactory work performance process has been completed; and 

(ii) no further action will be taken by ESSSuper unless the Employee engages in continued or 
repeated unsatisfactory work performance, in which case the formal unsatisfactory work 
performance process may continue to the next stage. 

(f) A copy of this notification will be placed on the Employee's personnel file. 

ESSSuper Enterprise Agreement 2020-2023 Page 23 of 74 


(ii) where and how the Employee is not meeting this standard; and (iii). the consequences if the Employee fails to improve their performance including that continued or repeated unsatisfactory work performance may result in termination of the Employee's employment, (d) The written warning will be placed on the Employee's personnel file. (e) If ESSSuper determines that the Employee has met the required standard of performance during the reasonable timeframe referred to in clause 18.10(b)(iv), ESSSuper will notify the Employee that: the formal unsatisfactory work performance process has been completed; and (ii) no further action will be taken by ESSSuper unless the Employee engages in continued or repeated unsatisfactory work performance, in which case the formal unsatisfactory work performance process may continue to the next stage. (f) A copy of this notification will be placed on the Employee's personnel file. 18.11 Third stage - final warning (a) An Employee will be given a final warning by ESSSuper if: (i) following receipt of a formal written warning, the Employee's performance has not improved within the reasonable time period in accordance with clause 18.10(b)(iv); and/or (ii) the Employee engages in further unsatisfactory work performance. (b) ESSSuper must: (i) advise the Employee of the unsatisfactory work performance; (ii) outline the standard required of the Employee; (iii) provide the Employee with an opportunity to respond within a reasonable timeframe; and (iv) provide the Employee with an opportunity to improve within a reasonable timeframe. (c) The final written warning must indicate: (i) the standard required of the Employee; (ii) where and how the Employee is not meeting this standard; and (iii) the consequences if the Employee fails to improve their performance including that continued or repeated unsatisfactory work performance may result in termination of the Employee's employment. (d) The final written warning will be placed on the Employee's personnel file. (e) If ESSSuper determines that the Employee has met the required standard of performance during the reasonable timeframe referred to in clause 18.11(b)(iv), ESSSuper will notify the Employee that: (i) the formal unsatisfactory work performance process has been completed; and (ii) no further action will be taken by ESSSuper unless the Employee engages in continued or repeated unsatisfactory work performance, in which case the formal unsatisfactory work performance process may continue to the next stage. (f) A copy of this notification will be placed on the Employee's personnel file. ESSSuper Enterprise Agreement 2020-2023 Page 33 of 74




 



18.12 Determination of unsatisfactory work performance outcome 

(a) In the event that an Employee's performance has not improved within the reasonable time period 
following the process set out in clauses 18.9 and 18.10 and on receipt by the Employee of the final 
written warning in accordance within clause 18.11, ESSSuper will advise the Employee of the 
Employee's continued or repeated unsatisfactory work performance and provide the Employee with a 
reasonable opportunity to respond. 

(b) After considering the Employee's performance and response (including any failure to respond in 
accordance with clause 18.12(a) ESSSuper will determine the unsatisfactory work performance 
outcome that is to apply to the Employee. 

(c) The possible unsatisfactory work performance outcomes are: 

(i) assignment of the Employee with or without their agreement to a role at a classification level 
or value range lower than the Employee's current classification level or value range; or 

(ii) termination of the Employee's employment. 

(d) ESSSuper will advise the Employee of the unsatisfactory work performance outcome in writing and a 
copy will be placed on the Employee's personnel file . 

18.13 Disputes 

(a) Any dispute arising under this clause may only be dealt with in accordance with clause 13 when any 
of the following are placed on an Employee's personnel file in accordance with this clause (this may 
include whether clause 18.5 has been complied with in ESSSuper coming to a decision): 

(i) a record of formal counselling; 

(ii) a formal written warning; 

(iii) a final written warning; 

(iv) a notification given to the Employee pursuant to clauses 18.9(e), 18.10.( e) or 18.11 ( e)(ii); or 

(v) a record of unsatisfactory work performance outcome. 

19 MANAGEMENT OF MISCONDUCT 

19.1 Purpose 

The purpose of this clause is to: 

(a) establish procedures for managing misconduct or alleged misconduct of an Employee; 

(b) provide for Employee alleged misconduct to be investigated and addressed expeditiously and with 
minimal disruption to the workplace; 

(c) reflect ESSSuper's values with the aim of ensuring that Employees are treated fairly and reasonably; 
and 

(d) manage the Employee's performance in accordance with this clause 19 instead of clause 18 where 
ESSSuper determines that it would be more appropriate. 

19.2 Application 

(a) Subject to applicable Victorian and Federal legislation, action taken by ESSSuper in relation to 
misconduct will be consistent with this clause. 

(b) This clause applies to all Employees except casual Employees and Employees subject to a 
Probationary Period. 

ESSSuper Enterprise Agreement 2020-2023 Page 24 of74 


18.12 Determination of unsatisfactory work performance outcome (a) In the event that an Employee's performance has not improved within the reasonable time period following the process set out in clauses 18.9 and 18.10 and on receipt by the Employee of the final written warning in accordance within clause 18.11, ESSSuper will advise the Employee of the Employee's continued or repeated unsatisfactory work performance and provide the Employee with a reasonable opportunity to respond. (b) After considering the Employee's performance and response (including any failure to respond in accordance with clause 18.12(a) ESSSuper will determine the unsatisfactory work performance outcome that is to apply to the Employee. (c) The possible unsatisfactory work performance outcomes are: (i) assignment of the Employee with or without their agreement to a role at a classification level or value range lower than the Employee's current classification level or value range; or (ii) termination of the Employee's employment. (d) ESSSuper will advise the Employee of the unsatisfactory work performance outcome in writing and a copy will be placed on the Employee's personnel file. 18.13 Disputes (a) Any dispute arising under this clause may only be dealt with in accordance with clause 13 when any of the following are placed on an Employee's personnel file in accordance with this clause (this may include whether clause 18.5 has been complied with in ESSSuper coming to a decision): (i) a record of formal counselling; (ii) a formal written warning; (iii) a final written warning; (iv) a notification given to the Employee pursuant to clauses 18.9(e), 18.10.(e) or 18.11(e)(ii); or (v) a record of unsatisfactory work performance outcome. 19 MANAGEMENT OF MISCONDUCT 19.1 Purpose The purpose of this clause is to: (a) establish procedures for managing misconduct or alleged misconduct of an Employee; (b) provide for Employee alleged misconduct to be investigated and addressed expeditiously and with minimal disruption to the workplace; (c) reflect ESSSuper's values with the aim of ensuring that Employees are treated fairly and reasonably; and (d) manage the Employee's performance in accordance with this clause 19 instead of clause 18 where ESSSuper determines that it would be more appropriate. 19.2 Application (a) Subject to applicable Victorian and Federal legislation, action taken by ESSSuper in relation to misconduct will be consistent with this clause. (b) This clause applies to all Employees except casual Employees and Employees subject to a Probationary Period. ESSSuper Enterprise Avecment 2020-2023 Page 24 of 74




 



19.3 Meaning of misconduct 

(a) For the purposes of this clause, misconduct of an Employee includes: 

(i) a contravention of a provision of the Public Administration Act 2004 (Vic), the regulations to 
that Act, a binding code of conduct or a provision of any statute or regulation that applies to 
the Employee in the Employee's employment; 

(ii) improper conduct in an official capacity; 

(iii) a contravention of ESSSuper's policies, particularly the ESSSuper Misconduct in the 
Workplace Policy; 

(iv) a contravention, without reasonable excuse, of a lawful direction given to the Employee by a 
person authorised by ESSSuper to give that direction; 

(v) making improper use of their position for personal gain; or 

(vi) making improper use of information acquired by virtue of their position to gain personally, or 
for anyone else, financial or other benefits or to cause detriment to ESSSuper or the public 
sector. 

19.4 Referred matters under clause 18 

(a) Any matters that have arisen under the management of unsatisfactory work performance process in 
clause 18 may be considered in the misconduct process pursuant to this clause 19. 

19.5 Employee representation 

(a) An Employee is entitled to be represented by a person of their choice (including a Union 
representative) at any stage of the misconduct process. 

19.6 Procedural fairness to apply 

(a) The process for managing Employee misconduct will be consistent with the principles of procedural 
fairness. 

(b) All parties involved in the misconduct process will commit to completing it as quickly as practicable. 

(c) ESSSuper will: 

(i) tell the Employee of the purpose of any meetings; 

(ii) provide the Employee with a copy of the formal process to be followed; 

(iii) provide a reasonable opportunity for the Employee to seek advice from the Union, or a 
representative of their choice, at any stage of the misconduct process; and 

(iv) allow the Employee the opportunity to provide details of any reasons that prevent them from 
participating in the process. 

(d) ESSSuper must take into account any reasonable explanation of any failure by the Employee to 
participate before making a decision under this clause 19. 

19.7 Directions 

(a) Where Employee misconduct is alleged, ESSSuper may do any of the following: 

(i) make an initial assessment of the alleged misconduct before commencing the formal process 
to determine if an investigation is required in accordance with clause 19.1 0; 

(ii) determine that it is appropriate to immediately commence an investigation of the alleged 
misconduct in accordance with clause 19.1 0; 

ESSSuper Enterprise Agreement 2020-2023 Page 25 of74 


19.3 Meaning of misconduct (a) For the purposes of this clause, misconduct of an Employee includes: (i) a contravention of a provision of the Public Administration Act 2004 (Vic), the regulations to that Act, a binding code of conduct or a provision of any statute or regulation that applies to the Employee in the Employee's employment; (ii) improper conduct in an official capacity; (iii) a contravention of ESSSuper's policies, particularly the ESSSuper Misconduct in the Workplace Policy; (iv) a contravention, without reasonable excuse, of a lawful direction given to the Employee by a person authorised by ESSSuper to give that direction; (v) making improper use of their position for personal gain; or (vi) making improper use of information acquired by virtue of their position to gain personally, or for anyone else, financial or other benefits or to cause detriment to ESSSuper or the public sector. 19.4 Referred matters under clause 18 (a) Any matters that have arisen under the management of unsatisfactory work performance process in clause 18 may be considered in the misconduct process pursuant to this clause 19. 19.5 Employee representation (a) An Employee is entitled to be represented by a person of their choice (including a Union representative) at any stage of the misconduct process. 19.6 Procedural fairness to apply (a) The process for managing Employee misconduct will be consistent with the principles of procedural fairness. (b) All parties involved in the misconduct process will commit to completing it as quickly as practicable. (c) ESSSuper will: (i) tell the Employee of the purpose of any meetings; (li) provide the Employee with a copy of the formal process to be followed; (iii) provide a reasonable opportunity for the Employee to seek advice from the Union, or a representative of their choice, at any stage of the misconduct process; and (iv) allow the Employee the opportunity to provide details of any reasons that prevent them from participating in the process. (d) ESSSuper must take into account any reasonable explanation of any failure by the Employee to participate before making a decision under this clause 19. 19.7 Directions (a) Where Employee misconduct is alleged, ESSSuper may do any of the following: (i) make an initial assessment of the alleged misconduct before commencing the formal process to determine if an investigation is required in accordance with clause 19.10; (ii) determine that it is appropriate to immediately commence an investigation of the alleged misconduct in accordance with clause 19.10; ES&Super Enterprise Agreement 2020-2023 Page 25 of 74




 



(iii) direct the Employee to proceed immediately to perform alternative duties or work at an 
alternative place of work; 

(iv) direct the Employee not to speak to other Employees about the matter or not to visit certain 
places of work; and/or 

(v) suspend the Employee with pay. 

(b) In the event that ESSSuper suspends the Employee with pay under clause 19.?(a)(v) ESSSuper will: 

(i) review this decision no later than four weeks after the commencement of the suspension; and 

(ii) confirm whether the suspension is to continue or is no longer necessary. 

(c) ESSSuper will continue to review any decision regarding an Employee's suspension every four weeks 
thereafter, until the end of the misconduct process in accordance with this clause 19. 

19.8 Advising the Employee 

(a) As soon as practicable after an allegation of misconduct has been made and ESSSuper has 
determined in accordance with clause 19. 7(a)(i) or clause 19. 7(a)(ii) that an investigation is required, 
ESSSuper will advise the Employee of the alleged misconduct in writing. 

(b) The written advice will contain the allegation(s) of misconduct made about the Employee. Relevant 
information will only be withheld where it is necessary to withhold that information in order to protect 
the personal privacy of any other person consistent with Federal or State legislation. 

19.9 Admissions by Employee 

(a) The Employee may at any stage elect to admit the alleged misconduct. 

(b) If the Employee admits the alleged misconduct, ESSSuper may: 

(i) determine that further investigation is required (for example to investigate partial admissions, 
mitigating circumstances or other relevant issues); or 

(ii) may proceed immediately to the determination of the discipline outcome at clause 19.12 by 
advising the Employee of the proposed discipline outcome and giving the Employee a 
reasonable opportunity to respond to the findings in accordance with clause 19.11 . 

19.10 Investigation of alleged misconduct 

(a) Where an investigation is required, ESSSuper will appoint a person to conduct an investigation into 
the alleged misconduct. Where appropriate, the investigation may be conducted by the Employee's 
Manager. 

(b) ESSSuper will provide the Employee with an opportunity to speak to the investigator if the Employee 
wishes to do so. 

(c) The investigation may include: 

(i) collecting any relevant materials; 

(ii) speaking with the Employee; 

(iii) speaking with any relevant witnesses; 

(iv) providing the Employee with specific particulars to allow the Employee to properly respond to 
the alleged misconduct; 

(v) investigating any explanation made by the Employee for the purposes of verifying the 
explanation so far as possible. 

ESSSuper Enterprise Agreement 2020-2023 Page 26 of 74 


(iii) direct the Employee to proceed immediately to perform alternative duties or work at an alternative place of work; (iv) direct the Employee not to speak to other Employees about the matter or not to visit certain places of work; and/or (v) suspend the Employee with pay. (b) In the event that ESSSuper suspends the Employee with pay under clause 19.7(a)(v) ESSSuper will: (i) review this decision no later than four weeks after the commencement of the suspension; and (ii) confirm whether the suspension is to continue or is no longer necessary. (c) ESSSuper will continue to review any decision regarding an Employee's suspension every four weeks thereafter, until the end of the misconduct process in accordance with this clause 19. 19.8 Advising the Employee (a) As soon as practicable after an allegation of misconduct has been made and ESSSuper has determined in accordance with clause 19.7(a)(i) or clause 19.7(a)(ii) that an investigation is required, ESSSuper will advise the Employee of the alleged misconduct in writing. (b) The written advice will contain the allegation(s) of misconduct made about the Employee. Relevant information will only be withheld where it is necessary to withhold that information in order to protect the personal privacy of any other person consistent with Federal or State legislation. 19.9 Admissions by Employee (a) The Employee may at any stage elect to admit the alleged misconduct. (b) If the Employee admits the alleged misconduct, ESSSuper may: (i) determine that further investigation is required (for example to investigate partial admissions, mitigating circumstances or other relevant issues); or (ii) may proceed immediately to the determination of the discipline outcome at clause 19.12 by advising the Employee of the proposed discipline outcome and giving the Employee a reasonable opportunity to respond to the findings in accordance with clause 19.11. 19.10 Investigation of alleged misconduct (a) Where an investigation is required, ESSSuper will appoint a person to conduct an investigation into the alleged misconduct. Where appropriate, the investigation may be conducted by the Employee's Manager. (b) ESSSuper will provide the Employee with an opportunity to speak to the investigator if the Employee wishes to do so. (c) The investigation may include: (i) collecting any relevant materials; (ii) speaking with the Employee; (iii) speaking with any relevant witnesses; (iv) providing the Employee with specific particulars to allow the Employee to properly respond to the alleged misconduct; (v) investigating any explanation made by the Employee for the purposes of verifying the explanation so far as possible. ESSSuper Enterprise Agreement 2020-2023 Page 26.of 74




 



(d) In relation to each allegation of misconduct, the investigator will make find ings as to whether: 

(i) the allegation is substantiated; or 

(ii) the allegation is not substantiated. 

(e) Where the investigator makes a finding that an allegation is not substantiated, which is accepted by 
ESSSuper, the misconduct process will conclude in relation to any such allegation and the Employee 
will be informed accordingly. 

(f) Where the investigator makes a finding that the allegation is substantiated, ESSSuper will consider 
this information and propose a discipline outcome. 

19.11 Opportunity for response by Employee 

(a) As soon as practicable after the investigator has made a finding that any allegation of misconduct is 
substantiated, the Employee will be provided with the findings of the investigator and the proposed 
discipline outcome. The Employee will be provided with sufficient information to allow them a 
reasonable basis to respond. 

(b) The Employee will be given a reasonable time to respond to the findings or the material and the 
recommended discipline outcome. Any response must be provided within the above reasonable time. 

19.12 Determination of discipline outcome 

(a) ESSSuper will consider: 

(i) the findings of the investigator; and 

(ii) any recommendations as to the appropriate disciplinary outcome; and 

(iii) any response of the Employee (including any admission of misconduct under clause 19.9; 
and 

(iv) any prior disciplinary outcomes. 

(b) After considering the matters in clause 19.12(a), ESSSuper will determine the discipline outcome 
that is to apply to the Employee. The discipline outcome must not be disproportionate to the 
seriousness of the matter. 

(c) The possible discipline outcomes are: 

(i) no action; 

(ii) performance management; 

(iii) formal counselling; 

(iv) formal warning; 

(v) final warning; 

(vi) assignment of the Employee with or without their agreement to a role at a classification level 
or value range lower than the Employee's current classification level or value range; and 

(vii) termination of employment. 

(d) ESSSuper will advise the Employee of the discipline outcome in writing and a copy will be placed on 
the Employee's personnel file. 

ESSSuper Enterprise Agreement 2020-2023 Page 27 of 74 


(d) In relation to each allegation of misconduct, the investigator will make findings as to whether: (i) the allegation is substantiated; or (ii) the allegation is not substantiated. (e) Where the investigator makes a finding that an allegation is not substantiated, which is accepted by ESSSuper, the misconduct process will conclude in relation to any such allegation and the Employee will be informed accordingly. (f) Where the investigator makes a finding that the allegation is substantiated, ESSSuper will consider this information and propose a discipline outcome. 19.11 Opportunity for response by Employee (a) As soon as practicable after the investigator has made a finding that any allegation of misconduct is substantiated, the Employee will be provided with the findings of the investigator and the proposed discipline outcome, The Employee will be provided with sufficient information to allow them a reasonable basis to respond. (b) The Employee will be given a reasonable time to respond to the findings or the material and the recommended discipline outcome. Any response must be provided within the above reasonable time. 19.12 Determination of discipline outcome (a) ESSSuper will consider: (i) the findings of the investigator; and (ii) any recommendations as to the appropriate disciplinary outcome; and (iii) any response of the Employee (including any admission of misconduct under clause 19.9; and (iv). any prior disciplinary outcomes. (b) After considering the matters in clause 19.12(a), ESSSuper will determine the discipline outcome that is to apply to the Employee. The discipline outcome must not be disproportionate to the seriousness of the matter. (c) The possible discipline outcomes are: (i) no action; (ii) performance management; (iii) formal counselling; (iv) formal warning; (v) final warning; (vi) assignment of the Employee with or without their agreement to a role at a classification level or value range lower than the Employee's current classification level or value range; and (vii) termination of employment. (d) ESSSuper will advise the Employee of the discipline outcome in writing and a copy will be placed on the Employee's personnel file. ESSSuper Enterprise Agreement 2020-2028 Page 27 of 74




 



19.13 Informing Employee who raised allegation of misconduct 

(a) If a process was conducted in accordance with this clause because of an allegation of misconduct 
by another Employee, ESSSuper must advise that Employee that the allegation has been dealt with 
in accordance with this clause, and may provide the Employee with other information if reasonably 
practicable. 

19.14 Disputes 

(a) Any dispute arising under this clause may only be dealt with in accordance with clause 13 when any 
of the following are placed on the Employee's personnel file in accordance with this clause (this may 
include whether clause 19.6 has been complied with in ESSSuper coming to a decision): 

(i) a record of formal counselling; 

(ii) a formal written warning; 

(iii) a final written warning; or 

(iv) a record of discipline outcome. 

19.15 Potential criminal conduct 

(a) Where alleged misconduct that is the subject of a process in accordance with this clause 19 is also 
the subject of a criminal investigation or criminal proceedings, ESSSuper is not required to delay or 
cease the management of misconduct process under this clause 19 but ESSSuper may exercise its 
discretion to do so. 

ESSSuper Enterprise Agreement 2020-2023 Page 28 of 74 


19.13 Informing Employee who raised allegation of misconduct (a) If a process was conducted in accordance with this clause because of an allegation of misconduct by another Employee, ESSSuper must advise that Employee that the allegation has been dealt with in accordance with this clause, and may provide the Employee with other information if reasonably practicable. 19.14 Disputes (a) Any dispute arising under this clause may only be dealt with in accordance with clause 13 when any of the following are placed on the Employee's personnel file in accordance with this clause (this may include whether clause 19.6 has been complied with in ESSSuper coming to a decision): (i) a record of formal counselling; (ii) a formal written warning; (iii) a final written warning; or (iv) a record of discipline outcome. 19.15 Potential criminal conduct (a) Where alleged misconduct that is the subject of a process in accordance with this clause 19 is also the subject of a criminal investigation or criminal proceedings, ESSSuper is not required to delay or cease the management of misconduct process under this clause 19 but ESSSuper may exercise its discretion to do so. ESSSuper Entornose Agrooment 2020-2023 Page 28.oh7




 



PART 6 - SALARY AND RELATED MATTERS 

20 PATIENCE IN BARGAINING 

(a) Employees paid in Levels 1 - 4 will be paid on the commencement of the Agreement the following 
one-off payment based upon their commencement date within the following date ranges: 

Date Range Patience In Bargaining Payment 

Prior to 1 July 2019 to September 2019 $3,000.00 

!October to December 2019 $2,250.00 

Uanuary to March 2020 $1,500.00 

~pril to June 2020 $750.00 

(b) Employees paid above Level 4 will be paid on the commencement of the Agreement the following 
one-off payment based upon their commencement date within the following date ranges: 

Date Range Patience In Bargaining Payment 

Prior to 1 July 2019 to September 2019 $2,150.00 

October to December 2019 $1,800.00 

Uanuary to March 2020 $1,350.00 

~pril to June 2020 $900.00 

21 SALARY INCREASE 

21 .1 Employees will receive the following Salary increases: 

(a) 3.00% with effect from 15 June 2020. Salaries of Employees classified at ESS4 but paid above ESS 
4 salary ranges will be increased by 2%. 

(b) 2. 75% with effect from 14 June 2021 . Salaries of Employees classified at ESS4 but paid above ESS 
4 salary ranges will be increased by 2%. 

(c) 2.50% with effect from 13 June 2022. Salaries of Employees classified at ESS4 but paid above ESS 
4 salary ranges will be increased by 2%. 

(d) The salary ranges applicable to the classification structures will be increased by the same percentage 
at the same dates as outlined in clause 21.1. 

21.2 Any monies owed to eligible Employees from 15 June 2020 will be made as soon as reasonably practical 
after the Agreement has been formally approved by the Fair Work Commission and has commenced 
operation in accordance with the FW Act 2009. 

22 CLASSIFICATION AND SALARY STRUCTURE 

22.1 The four grade classification structure and full-time salary ranges for Employees covered by this Agreement 
are detailed in Attachment A and Attachment B. 

22.2 The classification of an Employee's position will be determined by: 

(a) allocation of a Points Factor Evaluation System (PFES) points score; and/or 

(b) comparison to a benchmark position which has been PFES point scored using the Mercer job 
evaluation system; and/or 

(c) comparison to a benchmark position as set out in Attachment B. 

ESSSuper Enterprise Agreement 2020-2023 Page 29 of 74 


PART 6 - SALARY AND RELATED MATTERS 20 PATIENCE IN BARGAINING (a) Employees paid in Levels 1 - 4 will be paid on the commencement of the Agreement the following one-off payment based upon their commencement date within the following date ranges: Date Range Patience In Bargaining Payment Prior to 1 July 2019 to September 2019 $3,000.00 October to December 2019 $2,250.00 January to March 2020 $1,500.00 April to June 2020 $750.00 (b) Employees paid above Level 4 will be paid on the commencement of the Agreement the following one-off payment based upon their commencement date within the following date ranges: Date Range Patience In Bargaining Payment Prior to 1 July 2019 to September 2019 $2,150.00 October to December 2019 $1,800.00 January to March 2020 $1,350.00 April to June 2020 $900.00 21 SALARY INCREASE 21.1 Employees will receive the following Salary increases: (a) 3.00% with effect from 15 June 2020. Salaries of Employees classified at ESS4 but paid above ESS 4 salary ranges will be increased by 2% (b) 2.75% with effect from 14 June 2021. Salaries of Employees classified at ESS4 but paid above ESS 4 salary ranges will be increased by 2%. (c) 2.50% with effect from 13 June 2022. Salaries of Employees classified at ESS4 but paid above ESS 4 salary ranges will be increased by 2%. (d) The salary ranges applicable to the classification structures will be increased by the same percentage at the same dates as outlined in clause 21.1. 21.2 Any monies owed to eligible Employees from 15 June 2020 will be made as soon as reasonably practical after the Agreement has been formally approved by the Fair Work Commission and has commenced operation in accordance with the FW Act 2009. 22 CLASSIFICATION AND SALARY STRUCTURE 22.1 The four grade classification structure and full-time salary ranges for Employees covered by this Agreement are detailed in Attachment A and Attachment B. 22.2 The classification of an Employee's position will be determined by: (a) allocation of a Points Factor Evaluation System (PFES) points score; and/or (b) comparison to a benchmark position which has been PFES point scored using the Mercer job evaluation system; and/or (c) comparison to a benchmark position as set out in Attachment B. ESSSuper Enterprise Agreement 2020-2029




 



22.3 An Employee may request a position review of their classification to confirm the appropriate grade for their 
role at any time during the life of this Agreement. This may result in the position occupied by the Employee 
being reviewed in accordance with clause 23. 

22.4 Salary determination 

(a) Managers will conduct an annual review of each Employee's salary to determine whether movement 
to a higher salary is warranted. This review will be conducted in conjunction with the performance 
planning and review process (clause 23). 

(b) Salary movement within a grade will not be automatic and is dependent on a range of factors 
including: 

(i) the Employee's sustained performance and effectiveness in the role, as reflected by the 
annual performance planning and review; 

(ii) the acquisition and utilisation by the Employee of new or enhanced skills and competencies 
which enable the Employee to work more independently, and exercise initiative and 
discretion; 

(iii) the Employee having increased role accountabilities as a consequence of organisational 
changes such as new products, processes, or productivity improvements; 

(iv) the demonstration by the Employee of professional behaviours relevant to the position; 

(v) internal and external market conditions; and 

(vi) any other matters ESSSuper considers relevant. 

(c) An Employee's Salary may be reviewed upon a request from the Employee or at the initiative of their 
Manager at a time other than the annual remuneration review. In conducting the review, ESSSuper 
will consider the factors outlined in clause 16.8(b ). 

(d) Where it is agreed that the Employee meets the criteria for a salary review in clause 22.4 the 
minimum salary increase applicable will be 2% provided that: 

(i) the Employees' Salary does not exceed the maximum of the salary range for the Employees' 
classification; and 

(ii) the salary increase is not based solely on addressing internal or external conditions which 
may result in a lesser increase. 

23 PERFORMANCE PLANNING AND REVIEW (PPR) 

23.1 ESSSuper is committed to an ongoing performance planning and review process that enables an Employee 
and their Manager to agree to an individual performance plan for the Employee that articulates the required 
work outputs and standards, expected values and professional behaviours and learning and development 
plans for the performance management cycle . 

23.2 Overview 

(a) Under ESSSuper's performance planning and review process, the performance management cycle 
will be from 1 September in one year to 31 August in the next year. 

(b) An annual performance plan will be agreed by each Employee and their Manager. The performance 
plan documents the agreed outputs and measures across three performance areas: 

(i) outputs; 

(ii) values & behaviours; and 

(iii) applied learning & development. 

ESSSuper Enterprise Agreement 2020-2023 Page 30 of 74 


22.3 An Employee may request a position review of their classification to confirm the appropriate grade for their role at any time during the life of this Agreement. This may result in the position occupied by the Employee being reviewed in accordance with clause 23. 22.4 Salary determination (a) Managers will conduct an annual review of each Employee's salary to determine whether movement to a higher salary is warranted. This review will be conducted in conjunction with the performance planning and review process (clause 23) (b) Salary movement within a grade will not be automatic and is dependent on a range of factors including: (i) the Employee's sustained performance and effectiveness in the role, as reflected by the annual performance planning and review; (ii) the acquisition and utilisation by the Employee of new or enhanced skills and competencies which enable the Employee to work more independently, and exercise initiative and discretion; (iii) the Employee having increased role accountabilities as a consequence of organisational changes such as new products, processes, or productivity improvements; (iv) the demonstration by the Employee of professional behaviours relevant to the position; (v) internal and external market conditions; and (vi) any other matters ESSSuper considers relevant. (c) An Employee's Salary may be reviewed upon a request from the Employee or at the initiative of their Manager at a time other than the annual remuneration review. In conducting the review, ESSSuper will consider the factors outlined in clause 16.8(b). (d) Where it is agreed that the Employee meets the criteria for a salary review in clause 22.4 the minimum salary increase applicable will be 2% provided that: (1) the Employees' Salary does not exceed the maximum of the salary range for the Employees' classification; and (ii) the salary increase is not based solely on addressing internal or external conditions which may result in a lesser increase. 23 PERFORMANCE PLANNING AND REVIEW (PPR) 23.1 ESSSuper is committed to an ongoing performance planning and review process that enables an Employee and their Manager to agree to an individual performance plan for the Employee that articulates the required work outputs and standards, expected values and professional behaviours and learning and development plans for the performance management cycle. 23.2 Overview (a) Under ESSSuper's performance planning and review process, the performance management cycle will be from 1 September in one year to 31 August in the next year. (b) An annual performance plan will be agreed by each Employee and their Manager. The performance plan documents the agreed outputs and measures across three performance areas: (i) outputs; (ii) values & behaviours; and (iii) applied learning & development. ESS Super Enterprise Agreement 2020-2023 Page 30 of 71




 



(c) A six month review will be conducted in each performance management cycle to ensure the 
performance plan remains relevant to organisational goals and objectives and to provide Employees 
with feedback on how they are progressing against their performance plan. 

(d) A performance plan can be updated more frequently by agreement between the Employee and their 
Manager to ensure it reflects applicable job role accountabilities. 

(e) Employee performance is assessed against specified goals and targets agreed for each of the three 
performance areas. Employees may agree stretch targets with their Manager that are to be 
documented in their performance plan. Where the Employee meets their stretch targets they will 
have met the requirements for a performance bonus subject to clause 16.8(b ). 

(f) The Performance Bonus will be suspended for the Performance Planning and Review Cycle: 2020 
- 2021 and 2021-2022. Instead eligible Employees will receive the Business Continuity Payments 
described in clause 14. 

(g) The Performance Bonus will re-commence in Performance Planning and Review Cycle 2022-2023. 

23.3 Assessment of Performance 

(a) 

(b) 

(c) 

A performance review of an Employee will be conducted at the end of each performance 
management cycle by the Employee's Manager to assess performance against their performance 
plan. 

A 'whole of job'/ 'on-balance' assessment of performance against the performance plan will be made 
using the following assessment scale: 

!Assessment rating Performance Expectations 

Outstanding Exceeds the requirements on all performance criteria identified in 
performance plan and far exceeds expectations on the mos1 
tritical areas 

Superior !Achieves the requirements of the performance plan and exceeds 
~he requirements on most performance criteria 

Fully Effective Achieves the requirements of the performance plan 

Improvement Needed Does not fully achieve the requirements of the performance plan 

Unsatisfactory Has substantially under-performed on one or more of the 
performance criteria identified in the performance plan 

Managers are encouraged to consult with other managers, team leaders and/or other senior staff 
when assessing the performance of Employees. 

23.4 Performance bonus 

(a) An Employee whose performance has been assessed as being superior or outstanding will be 
entitled to receive a lump sum performance bonus as recommended by their Manager and approved 
by the executive management team. 

ESSSuper Enterprise Agreement 2020-2023 Page 31 of 74 


(c) A six month review will be conducted in each performance management cycle to ensure the performance plan remains relevant to organisational goals and objectives and to provide Employees with feedback on how they are progressing against their performance plan. (d) A performance plan can be updated more frequently by agreement between the Employee and their Manager to ensure it reflects applicable job role accountabilities. (e) Employee performance is assessed against specified goals and targets agreed for each of the three performance areas. Employees may agree stretch targets with their Manager that are to be documented in their performance plan. Where the Employee meets their stretch targets they will have met the requirements for a performance bonus subject to clause 16.8(b). (f) The Performance Bonus will be suspended for the Performance Planning and Review Cycle: 2020 - 2021 and 2021-2022. Instead eligible Employees will receive the Business Continuity Payments described in clause 14. (g) The Performance Bonus will re-commence in Performance Planning and Review Cycle 2022-2023. 23.3 Assessment of Performance (a) A performance review of an Employee will be conducted at the end of each performance management cycle by the Employee's Manager to assess performance against their performance plan (b) A 'whole of job' /'on-balance' assessment of performance against the performance plan will be made using the following assessment scale: Assessment rating Performance Expectations Outstanding Exceeds the requirements on all performance criteria identified in performance plan and far exceeds expectations on the most critical areas Superior Achieves the requirements of the performance plan and exceeds the requirements on most performance criteria Fully Effective Achieves the requirements of the performance plan Improvement Needed Does not fully achieve the requirements of the performance plan Unsatisfactory Has substantially under-performed on one or more of the performance criteria identified in the performance plan (c) Managers are encouraged to consult with other managers, team leaders and/or other senior staff when assessing the performance of Employees. 23.4 Performance bonus (a) An Employee whose performance has been assessed as being superior or outstanding will be entitled to receive a lump sum performance bonus as recommended by their Manager and approved by the executive management team. ESSSuper Enterprise Agreement 2020-2023 Page 3i nr74




 



Rating Assessment Performance Bonus 

5 Outstanding 10% of annual salary 

4 Superior 5% of annual salary 

3 Fully Effective Nil 

2 Improvement Needed Nil 

1 Unsatisfactory Nil 

(b) All bonus recommendations will be subject to a fairness and consistency check. This check will be 
conducted by the executive management team to ensure that the performance ratings submitted by 
a reviewing Manager are consistent when compared across all of the assessing managers in the 
organisation. 

(c) The minimum performance bonus payable is calculated on the 31 August using the maximum of the 
ESS1 salary range or the Employee's salary (whichever is the greater). 

24 PERFORMANCE TRAINING AND DEVELOPMENT 

24.1 ESSSuper is committed to improving the overall effectiveness and performance of Employees. This will occur 
through continued development of the skills and knowledge of Employees. 

24.2 ESSSuper's commitment to training and development includes the granting of leave for Employees to attend 
skill development programs, where such programs will contribute directly to the better fulfilment of their work 
role. 

24.3 Such programs may include training to promote a better understanding of Employee or industrial relations, 
occupational health and safety, knowledge of industrial entitlements and consultative processes appropriate 
to ESSSuper's workplace. 

25 CASUAL EMPLOYEES - LOADING 

25.1 Employees employed on a casual basis will receive a loading of 25% in addition to the applicable hourly rate 
of pay as compensation in lieu of any entitlement to the following benefits, unless expressly provided in this 
Agreement: 

(a) public holidays; 

(b) annual leave and annual leave loading; 

(c) paid personal/carer's leave; 

(d) paid parental leave; 

(e) paid compassionate leave; 

(f) jury service; 

(g) defence reserve leave; and 

(h) accident make-up pay. 

26 PAYMENT OF SALARIES 

26.1 Salaries, allowances, penalty or overtime payments due to an Employee will be paid by ESSSuper by 
fortnightly electronic direct credit to a bank account, credit union or a building society account nominated by 
the Employee. In exceptional circumstances, including significant delays in payment of salary, ESSSuper will 
make provisions for off-line payments. 

26.2 Where a normal payday falls on a public holiday the direct credit to the Employee's nominated account must 
be made no later than the last working day prior to the public holiday. 

ESSSuper Enterprise Agreement 2020-2023 Page 32 of 74 


Rating Assessment Performance Bonus 5 Outstanding 10% of annual salary 4 Superior 5% of annual salary 3 Fully Effective Nil 2 Improvement Needed Nil 1 Unsatisfactory Nil (b) All bonus recommendations will be subject to a fairness and consistency check. This check will be conducted by the executive management team to ensure that the performance ratings submitted by a reviewing Manager are consistent when compared across all of the assessing managers in the organisation. (c) The minimum performance bonus payable is calculated on the 31 August using the maximum of the ESS1 salary range or the Employee's salary (whichever is the greater). 24 PERFORMANCE TRAINING AND DEVELOPMENT 24.1 ESSSuper is committed to improving the overall effectiveness and performance of Employees. This will occur through continued development of the skills and knowledge of Employees. 24.2 ESSSuper's commitment to training and development includes the granting of leave for Employees to attend skill development programs, where such programs will contribute directly to the better fulfilment of their work role. 24.3 Such programs may include training to promote a better understanding of Employee or industrial relations, occupational health and safety, knowledge of industrial entitlements and consultative processes appropriate to ESSSuper's workplace. 25 CASUAL EMPLOYEES - LOADING 25.1 Employees employed on a casual basis will receive a loading of 25% in addition to the applicable hourly rate of pay as compensation in lieu of any entitlement to the following benefits, unless expressly provided in this Agreement: (a) public holidays; (b) annual leave and annual leave loading; (c) paid personal/carer's leave; (d) paid parental leave; (e) paid compassionate leave; (f) jury service; (g) defence reserve leave; and (h) accident make-up pay. 26 PAYMENT OF SALARIES 26.1 Salaries, allowances, penalty or overtime payments due to an Employee will be paid by ESSSuper by fortnightly electronic direct credit to a bank account, credit union or a building society account nominated by the Employee. In exceptional circumstances, including significant delays in payment of salary, ESSSuper will make provisions for off-line payments. 26.2 Where a normal payday falls on a public holiday the direct credit to the Employee's nominated account must be made no later than the last working day prior to the public holiday. ESSSuper Enterprise Agreement 2020-2023 Page 32 of 74




 



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

26.4 In the event of an overpayment of salary, allowance, loading or other payment, ESSSuper must advise the 
relevant Employee. Similarly, an Employee must advise ESSSuper if they know there has been an 
overpayment to them . Where agreement cannot be reached on a repayment arrangement, ESSSuper will 
recover the overpayment from ESSSuper by instalments at a rate of at most one tenth of the Employee's net 
pay for each pay cycle, in accordance with the Financial Management Act 1994. 

27 SALARY PACKAGING 

27.1 An Employee may apply to ESSSuper to enter into a salary packaging arrangement for the purposes set out 
in the relevant policy. 

28 ALLOWANCES 

28.1 General provisions 

Work or conditions allowances will be paid by ESSSuper to an Employee subject to the Employee meeting 
the requirements for receipt of the allowance. 

28.2 First aid allowance 

(a) 

(b) 

(c) 

(d) 

(e) 

Where an Employee, in addition to their normal duties, agrees to be appointed by ESSSuper to 
perform first aid duties, the Employee: 

must hold a current first aid certificate issued by St John Ambulance Australia or an equivalent 
qualification; and 

will be paid an annual allowance as follows: 

From 15 June 2020 $648.50 

From 14 June 2021 $666.33 

From 13 June 2022 $682.99 

The allowance will be paid in fortnightly instalments. 

Where the Employee has been appointed by ESSSuper to perform first aid duties ESSSuper will 
meet all costs in obtaining and maintaining the first aid qualification. 

28.3 Occupational Health and Safety (OH&S) Staff Representative allowance 

(a) If an Employee, in addition to their normal duties, has been elected or appointed as an OH&S Staff 
Representative they will be entitled to an annual allowance following the completion of an accredited 
OH&S training course and attendance at annual refresher courses . 

(b) The Employee will be paid an annual allowance as outlined in clause 28.2(c) in fortnightly 
instalments. 

28.4 Appointed Fire and Stair Warden Representative allowance 

(a) If an Employee, in addition to their normal duties, is appointed by ESSSuper to perform Fire Warden 
or Stair Warden Representative duties they will be entitled to an annual allowance following the 
completion of a building management training / information seminar (after their initial appointment) 
and attendance at annual refresher sessions. 

(b) The Employee will be paid an annual allowance as outlined in clause 28.2(c) in fortnightly 
instalments. 

ESSSuper Enterprise Agreement 2020-2023 Page 33 of74 


26.3 Employees must be provided, either in writing or electronically, with details of each pay regarding the make- up of their remuneration and any deductions. 26.4 In the event of an overpayment of salary, allowance, loading or other payment, ESSSuper must advise the relevant Employee. Similarly, an Employee must advise ESSSuper if they know there has been an overpayment to them. Where agreement cannot be reached on a repayment arrangement, ESSSuper will recover the overpayment from ESSSuper by instalments at a rate of at most one tenth of the Employee's net pay for each pay cycle, in accordance with the Financial Management Act 1994. 27 SALARY PACKAGING 27.1 An Employee may apply to ESSSuper to enter into a salary packaging arrangement for the purposes set out in the relevant policy. 28 ALLOWANCES 28.1 General provisions Work or conditions allowances will be paid by ESSSuper to an Employee subject to the Employee meeting the requirements for receipt of the allowance. 28.2 First aid allowance (a) Where an Employee, in addition to their normal duties, agrees to be appointed by ESSSuper to perform first aid duties, the Employee: (b) must hold a current first aid certificate issued by St John Ambulance Australia or an equivalent qualification; and (c) will be paid an annual allowance as follows: From 15 June 2020 $648.50 From 14 June 2021 $666.33 From 13 June 2022 $682.99 (d) The allowance will be paid in fortnightly instalments. (e) Where the Employee has been appointed by ESSSuper to perform first aid dutles ESSSuper will meet all costs in obtaining and maintaining the first aid qualification. 28.3 Occupational Health and Safety (OH&S) Staff Representative allowance (a) If an Employee, in addition to their normal duties, has been elected or appointed as an OH&S Staff Representative they will be entitled to an annual allowance following the completion of an accredited OH&S training course and attendance at annual refresher courses. (b) The Employee will be paid an annual allowance as outlined in clause 28.2(c) in fortnightly instalments. 28.4 Appointed Fire and Stair Warden Representative allowance (a) If an Employee, in addition to their normal duties, is appointed by ESSSuper to perform Fire Warden or Stair Warden Representative duties they will be entitled to an annual allowance following the completion of a building management training / information seminar (after their initial appointment) and attendance at annual refresher sessions. (b) The Employee will be paid an annual allowance as outlined in clause 28.2(c) in fortnightly instalments. ESSSuper Enterprise Agroamen! 2020-2029 Page 33 of 74




 



28.5 Higher duties allowance 

(a) A higher duties allowance will be paid where an Employee is required to undertake all or part of the 
duties of a higher classified position for: 

(i) A period longer than five consecutive working days; or 

(ii) Where the Employee works in a higher classified position on a regular and systemic basis. 

(b) Higher duties allowance will be paid at the base Salary of the appropriate higher classification; or 
10% more than the Employee's Salary, whichever is the greater subject to clause 28.5 (c). 

(c) The level of allowance will be in proportion to the extent of the higher duties performed, having due 
regard to the position description of the higher position. 

(d) Subject to clause 28.6, paid leave during a higher duties assignment will be paid inclusive of the 
allowance, provided the Employee resumes the duties of the higher duties position on their return 
from leave. 

28.6 A higher duties allowance will not be paid to: 

(a) Employees on long service leave, unless the assignment has continued for a period exceeding 
twelve months; or 

(b) Employees on parental leave. 

28.7 Language allowance 

(a) Where an Employee, in addition to their normal duties, agrees to be appointed by ESSSuper to use 
their skills in a second language to assist ESSSuper members who have low English proficiency, the 
Employee: 

(i) must hold a current accreditation from the National Accreditation Authority for Translators 
and Interpreters (NAATI); and 

(ii) will be paid an annual allowance payable in fortnightly instalments as follows : 

LEVEL 15 June 2020 14 June 2021 13 June 2022 

Language Aide Accreditation $1 ,137.00 $1,168.00 $1,197.00 

Paraprofessional Interpreter 
$1,560.00 $1,603.00 $1,643.00 Accreditation 

Interpreter Accreditation 
$2,128.00 $2,187.00 $2,242.00 or higher 

(b) ESSSuper will pay the cost of the NAATI pre-testing workshop. 

(c) ESSSuper will also meet the cost of the NAATI test, up to two times per Employee per level of 
accreditation. 

(d) The Employee must apply annually for the allowance. ESSSuper will determine whether ESSSuper 
still requires the Employee to perform interpreting duties. 

28.8 Availability allowance 

(a) Availability duty means that, upon the requirement of their Manager, an Employee is continuously 
available outside normal working hours to attend to an information technology or telecommunications 
related request. 

ESSSuper Enterprise Agreement 2020-2023 Page 34 of74 


28.5 Higher duties allowance (a) A higher duties allowance will be paid where an Employee is required to undertake all or part of the duties of a higher classified position for: (0) A period longer than five consecutive working days; or (ii) Where the Employee works in a higher classified position on a regular and systemic basis. (b) Higher duties allowance will be paid at the base Salary of the appropriate higher classification; or 10% more than the Employee's Salary, whichever is the greater subject to clause 28.5 (c). (c) The level of allowance will be in proportion to the extent of the higher duties performed, having due regard to the position description of the higher position. (d) Subject to clause 28.6, paid leave during a higher duties assignment will be paid inclusive of the allowance, provided the Employee resumes the duties of the higher duties position on their return from leave. 28.6 A higher duties allowance will not be paid to: (a) Employees on long service leave, unless the assignment has continued for a period exceeding twelve months; or (b) Employees on parental leave. 28.7 Language allowance (a) Where an Employee, in addition to their normal duties, agrees to be appointed by ESSSuper to use their skills in a second language to assist ESSSuper members who have low English proficiency, the Employee: (i) must hold a current accreditation from the National Accreditation Authority for Translators and Interpreters (NAATI); and (ii) will be paid an annual allowance payable in fortnightly instalments as follows: LEVEL 15 June 2020 14 June 2021 13 June 2022 Language Aide Accreditation $1,137.00 $1,168,00 $1,197.00 Paraprofessional Interpreter Accreditation $1,560.00 $1,603.00 $1,643.00 Interpreter Accreditation or higher $2,128.00 $2,187.00 $2,242.00 (b) ESSSuper will pay the cost of the NAATI pre-testing workshop. (c) ESSSuper will also meet the cost of the NAATI test, up to two times per Employee per level of accreditation. (d) The Employee must apply annually for the allowance. ESSSuper will determine whether ESSSuper still requires the Employee to perform interpreting duties. 28.8 Availability allowance (a) Availability duty means that, upon the requirement of their Manager, an Employee is continuously available outside normal working hours to attend to an information technology or telecommunications related request. ESSSuper Enterprise Agreement 2020-2023 Page 24 of 74




 



(b) 

(c) 

(d) 

(e) 

All Employees on availability duty must have a pager or telephone to participate in availability duty. 
ESSSuper will reimburse each relevant Employee for reasonable call costs incurred, except for the 
cost of the telephone connection. The provisions of this clause do not apply where a pager or 
telephone is supplied and paid for by ESSSuper. 

When an Employee is called, they must respond to the call within a reasonable periods as determined 
by ESSSuper. 

An Employee, if on-call during a normal business day, will be paid a daily allowance at the following 
rate: 

From 15 June 2020 $86.06 

From 14 June 2021 $85.34 

From 13 June 2022 $87.47 

An Employee will be paid a daily allowance at the following rate if on-call during a day ESSSuper is 
closed : 

From 15 June 2020 $165.99 

From 14 June 2021 $170.55 

From 13 June 2022 $174.81 

28.9 Meal allowance for Overtime 

(a) An Employee will be eligible to receive an overtime meal payment if the Employee is required to work 
a period of Overtime which : 

(i) is immediately before or after a scheduled period of ordinary duty and is more than two hours 
in duration; or 

(ii) is a stand-alone period of Overtime that is four hours or more in duration . 

(b) The overtime meal allowance will be as follows: 

From 15 June 2020 $20.15 

From 14 June 2021 $20.70 

From 13 June 2022 $21 .22 

29 REIMBURSEMENT OF EXPENSES 

29.1 ESSSuper will reimburse an Employee for reasonable expenses necessarily incurred in the course of their 
duties, and to the extent approved by ESSSuper. 

29.2 Reasonable expenses include accommodation, meals and other incidental expenses associated with an 
overnight absence from home. The amount of an expense will be considered reasonable where it does not 
exceed the relevant amounts set by the Australian Taxation Office as adjusted from time to time. 

29.3 Where an Employee is required to use their private motor vehicle in the course of their employment, the 
Employee will be reimbursed for kilometre costs and any other motor vehicle reimbursement expense 
incurred in the course of the Employee's employment as authorised by ESSSuper. The rates payable in 
respect of motor kilometre costs will be the rates determined by the Australian Taxation office as adjusted 
from time to time. 

29.4 Where appropriate, Employees may request payment in advance of incurring the actual expense, provided 
that receipts are subsequently provided. 

ESSSuper Enterprise Agreement 2020-2023 Page 35 of 74 


(b) All Employees on availability duty must have a pager or telephone to participate in availability duty. ESSSuper will reimburse each relevant Employee for reasonable call costs incurred, except for the cost of the telephone connection. The provisions of this clause do not apply where a pager or telephone is supplied and paid for by ESSSuper. (c) When an Employee is called, they must respond to the call within a reasonable periods as determined by ESSSuper. (d) An Employee, if on-call during a normal business day, will be paid a daily allowance at the following rate: From 15 June 2020 $86.06 From 14 June 2021 $85.34 From 13 June 2022 $87.47 (e) An Employee will be paid a daily allowance at the following rate if on-call during a day ESSSuper is closed: From 15 June 2020 $165.99 From 14 June 2021 $170.55 From 13 June 2022 $174.81 28.9 Meal allowance for Overtime (a) An Employee will be eligible to receive an overtime meal payment if the Employee is required to work a period of Overtime which: (i) is immediately before or after a scheduled period of ordinary duty and is more than two hours in duration; or (ii) is a stand-alone period of Overtime that is four hours or more in duration. (b) The overtime meal allowance will be as follows: From 15 June 2020 $20.15 From 14 June 2021 $20.70 From 13 June 2022 $21.22 29 REIMBURSEMENT OF EXPENSES 29.1 ESSSuper will reimburse an Employee for reasonable expenses necessarily incurred in the course of their duties, and to the extent approved by ESSSuper 29.2 Reasonable expenses include accommodation, meals and other incidental expenses associated with an overnight absence from home. The amount of an expense will be considered reasonable where it does not exceed the relevant amounts set by the Australian Taxation Office as adjusted from time to time. 29.3 Where an Employee is required to use their private motor vehicle in the course of their employment, the Employee will be reimbursed for kilometre costs and any other motor vehicle reimbursement expense incurred in the course of the Employee's employment as authorised by ESSSuper. The rates payable in respect of motor kilometre costs will be the rates determined by the Australian Taxation office as adjusted from time to time. 29.4 Where appropriate, Employees may request payment in advance of incurring the actual expense, provided that receipts are subsequently provided. ESSSuper Enterprise Agreement 2020-2023 Page 35 01 74




 



30 SUPERANNUATION 

30.1 An Employee, regardless of age, will be offered by ESSSuper, membership of a complying superannuation 
fund for the purposes of the Superannuation Industry (Supervision) Act 1993 (Cth) (unless the Employee is 
a member of a Victorian exempt public sector superannuation scheme). 

30.2 Employees may join the ESSSuper Accumulation Plan. 

30.3 ESSSuper will pay the administration fees for all Employees with an ESSSuper Accumulation Plan account. 

30.4 ESSSuper will contribute to the nominated superannuation fund, on behalf of each Employee, the amount 
specified in the Superannuation Guarantee (Administration) Act 1992 (Cth) of ordinary time earnings. 

30.5 Contributions will be forwarded to the nominated superannuation fund no less frequently than monthly by 
ESSSuper. 

30.6 Contributions to the superannuation fund will continue to be paid while the Employee is absent on paid leave 
or while the Employee is receiving workers' compensation make-up payments. 

30.7 An Employee may make an arrangement with ESSSuper for salary sacrifice to make additional contributions 
to superannuation. The salary sacrifice will be deducted from the Employee's salary and contributed by 
ESSSuper to the nominated superannuation fund. 

30.8 Calculation of salary for the purpose of leave accruals and other payments due on termination of employment 
shall be calculated on a rate of pay which includes the salary sacrifice contributions. 

31 EMPLOYER CONTRIBUTION IN RESPECT OF PRIMARY CAREGIVER PARENTAL LEAVE 

31.1 An Employee is entitled to have superannuation contributions made in respect of the period of the Employee's 
Primary Caregiver Parental Leave which occurs on the commencement of this Agreement. 

(a) ESSSuper will pay the superannuation contributions as a lump sum to the Employee's fund as 
provided for in clause 30. 

(b) The lump sum payment will be made on or before the first superannuation guarantee quarterly 
payment due date following the Employee's return to work at the conclusion of their Primary Caregiver 
Parental Leave. 

31.2 The quantum of superannuation contributions payable under this clause will be calculated based on: 

(a) The number of weeks of Primary Caregiver parental leave taken by the Employee, capped at 52 
weeks; and 

{b) The Employee's weekly pay calculated in accordance with clause 45.24 of the Agreement; and 

(c) The applicable contribution rate under the Superannuation Guarantee administration Act 1992 (Cth) 
at the time the payment is made. 

ESSSuper Enterprise Agreement 2020-2023 Page 36 of 74 


30 SUPERANNUATION 30.1 An Employee, regardless of age, will be offered by ESSSuper, membership of a complying superannuation fund for the purposes of the Superannuation Industry (Supervision) Act 1993 (Cth) (unless the Employee is a member of a Victorian exempt public sector superannuation scheme). 30.2 Employees may join the ESSSuper Accumulation Plan. 30.3 ESSSuper will pay the administration fees for all Employees with an ESSSuper Accumulation Plan account. 30.4 ESSSuper will contribute to the nominated superannuation fund, on behalf of each Employee, the amount specified in the Superannuation Guarantee (Administration) Act 1992 (Cth) of ordinary time earnings. 30.5 Contributions will be forwarded to the nominated superannuation fund no less frequently than monthly by ESSSuper. 30.6 Contributions to the superannuation fund will continue to be paid while the Employee is absent on paid leave or while the Employee is receiving workers' compensation make-up payments. 30.7 An Employee may make an arrangement with ESSSuper for salary sacrifice to make additional contributions to superannuation. The salary sacrifice will be deducted from the Employee's salary and contributed by ESSSuper to the nominated superannuation fund. 30.8 Calculation of salary for the purpose of leave accruals and other payments due on termination of employment shall be calculated on a rate of pay which includes the salary sacrifice contributions. 31 EMPLOYER CONTRIBUTION IN RESPECT OF PRIMARY CAREGIVER PARENTAL LEAVE 31.1 An Employee is entitled to have superannuation contributions made in respect of the period of the Employee's Primary Caregiver Parental Leave which occurs on the commencement of this Agreement. (a) ESSSuper will pay the superannuation contributions as a lump sum to the Employee's fund as provided for in clause 30. (b) The lump sum payment will be made on or before the first superannuation guarantee quarterly payment due date following the Employee's return to work at the conclusion of their Primary Caregiver Parental Leave. 31.2 The quantum of superannuation contributions payable under this clause will be calculated based on: (a) The number of weeks of Primary Caregiver parental leave taken by the Employee, capped at 52 weeks; and (b) The Employee's weekly pay calculated in accordance with clause 45.24 of the Agreement; and (c) The applicable contribution rate under the Superannuation Guarantee administration Act 1992 (Cth) at the time the payment is made. ESSSuper Enterprise Arveement 2020-2023 Page 38 oFM




 



PART 7 - HOURS OF WORK AND RELATED MATTERS 

32 HOURS OF WORK 

32.1 Ordinary hours of work and spread of hours 

(a) The ordinary hours of work for Employees, except for casual or part-time Employees, will be 38 hours 
per week, Monday to Friday inclusive, worked within a spread of hours between 7.00am and 7.00pm. 

(b) The ordinary hours of work for a part-time Employee will be those established under clause 15.5, 
Monday to Friday inclusive, worked between 7.00am and 7.00pm. 

32.2 Member Service Hours 

(a) To meet the needs of members, ESSSuper's office will be open from 8.00am to 6.00pm Monday to 
Friday, excluding public holidays. 

32.3 Arrangement of Hours of Work 

(a) An Employee's Manager, in consultation with the Employee, will establish an agreed pattern of work 
hours. Such hours will be considered the Employee's ordinary hours of work. 

(b) The ordinary hours of work may, by agreement, be worked flexibly to best meet both ESSSuper's 
work requirements and the Employee's personal and/or family circumstances. 

(c) The pattern of work may allow for flexibility in starting and finishing times and access to time off 
during normal working hours. Such arrangements must operate within the parameters for hours of 
work set out in clause 32. 

32.4 Flexi Time 

(a) Where Employees, by agreement with their Manager, work a pattern of hours to accumulate time 
beyond 38 hours per week that is not compensated by Overtime provisions, they may use this 
accrued time as "flexitime" to take leave at a time that suits business needs and is mutually agreed 
by the Employee and their Manager. 

(b) Employees may not accrue more than 7.6 hours of flexitime in any four week period. 

(c) The accrued time is to be taken within a reasonable timeframe but no later than three months after 
the accrual of the time worked, unless used during the annual office shutdown period. This must be 
documented in writing and processed through the payroll via the internal leave application system in 
advance of the shutdown period. 

32.5 Varying the Agreed Pattern of Work 

(a) An Employee's Manager may request, from time to time, that the Employee varies their agreed 
pattern of work hours for operational reasons . Where this occurs, the Manager will discuss the issue 
with the Employee in accordance with clause 11 .6 and seek to come to a mutually acceptable 
arrangement concerning the change to the pattern of working hours. 

(b) Where an agreement cannot be reached, the Manager may vary the Employee's pattern of work 
hours within the parameters for hours of work set out in clause 32, subject to a minimum of two 
weeks' notice of the requirement to change hours. The Manager will take into account the issues 
outlined in clause 11.6 of the Agreement. 

32.6 Prohibitions 

ESSSuper must not require an Employee to : 

(a) perform ordinary hours of work outside the times of 7.00am to 7.00pm on any weekday; or 

(b) perform ordinary hours of work on Saturdays, Sundays or Public Holidays. 

ESSSuper Enterprise Agreement 2020-2023 Page 37 of 74 


PART 7 - HOURS OF WORK AND RELATED MATTERS 32 HOURS OF WORK 32.1 Ordinary hours of work and spread of hours (a) The ordinary hours of work for Employees, except for casual or part-time Employees, will be 38 hours per week, Monday to Friday inclusive, worked within a spread of hours between 7.00am and 7.00pm. (b) The ordinary hours of work for a part-time Employee will be those established under clause 15.5, Monday to Friday inclusive, worked between 7.00am and 7.00pm. 32.2 Member Service Hours (a) To meet the needs of members, ESSSuper's office will be open from 8.00am to 6.00pm Monday to Friday, excluding public holidays. 32.3 Arrangement of Hours of Work (a) An Employee's Manager, in consultation with the Employee, will establish an agreed pattern of work hours. Such hours will be considered the Employee's ordinary hours of work. (b) The ordinary hours of work may, by agreement, be worked flexibly to best meet both ESSSuper's work requirements and the Employee's personal and/or family circumstances. (c) The pattern of work may allow for flexibility in starting and finishing times and access to time off during normal working hours. Such arrangements must operate within the parameters for hours of work set out in clause 32 32.4 Flexi Time (a) Where Employees, by agreement with their Manager, work a pattern of hours to accumulate time beyond 38 hours per week that is not compensated by Overtime provisions, they may use this accrued time as "flexi time" to take leave at a time that suits business needs and is mutually agreed by the Employee and their Manager. (b) Employees may not accrue more than 7.6 hours of flexi time in any four week period. (c) The accrued time is to be taken within a reasonable timeframe but no later than three months after the accrual of the time worked, unless used during the annual office shutdown period. This must be documented in writing and processed through the payroll via the internal leave application system in advance of the shutdown period. 32.5 Varying the Agreed Pattern of Work (a) An Employee's Manager may request, from time to time, that the Employee varies their agreed pattern of work hours for operational reasons. Where this occurs, the Manager will discuss the issue with the Employee in accordance with clause 11.6 and seek to come to a mutually acceptable arrangement concerning the change to the pattern of working hours. (b) Where an agreement cannot be reached, the Manager may vary the Employee's pattern of work hours within the parameters for hours of work set out in clause 32, subject to a minimum of two weeks' notice of the requirement to change hours. The Manager will take into account the issues outlined in clause 11.6 of the Agreement. 32.6 Prohibitions ESSSuper must not require an Employee to: (a) perform ordinary hours of work outside the times of 7.00am to 7.00pm on any weekday; or (b) perform ordinary hours of work on Saturdays, Sundays or Public Holidays. ESSSoper Enterprise Agreement 2020-2023 Pege 37 of 74




 



33 FLEXIBLE WORKING ARRANGEMENTS 

33.1 An Employee (except if the Employee is employed on a casual basis) who has completed 12 months 
continuous service may request a change in their working arrangements, because they: 

(a) are the parent, or have responsibility for the care, of a child who is of school age or younger; 

(b) are a carer within the meaning of the Carer Recognition Act 2010 (Cth); 

(c) have a disability; 

( d) are 55 or older; 

(e) are experiencing violence from a member of their family; 

(f) provide care or support to a member of their Immediate Family or household, who requires care or 
support because they are experiencing violence from their family; or 

(g) are a parent of a child, or have responsibility for the care of a child, and are returning to work after 
taking leave in relation to the birth or adoption of the child. 

33.2 A long term Casual Employee may request a change in their working arrangements where any of the 
circumstances set out in clause 30.1 (a) to 30.1 (g) apply to them and because of such circumstances. 

33.3 The Employee's request must be made in writing and set out the details of the change sought and the reasons 
for the change. 

33.4 On receipt of a request by an Employee under this clause, ESSSuper must give the Employee a written 
response to the request within 21 days stating whether ESSSuper grants or refuses the request. 

33.5 ESSSuper may only refuse the request on reasonable business grounds. 

34 HOME BASED WORK 

34.1 Home based work arrangements may be agreed between ESSSuper and an Employee on a case-by-case 
basis. 

35 OVERTIME 

35.1 ESSSuper acknowledges the benefits to both the organisation and individual Employees gained through 
Employees having a balance between both their professional and personal lives in the application of 
Overtime. 

35.2 All Overtime arrangements of an Employee, including time in lieu arrangements, must be approved by the 
Employee's Manager prior to that arrangement being worked . 

35.3 Subject to clause 35.5 ESSSuper may require an Employee to work reasonable Overtime at Overtime rates. 

35.4 An Employee may refuse to work Overtime in circumstances where the working of such Overtime would 
result in the Employee working hours which are unreasonable having regard to: 

(a) any risk to the Employee's health and safety; 

(b) the impact on the Employee's personal circumstances including family responsibilities; 

(c) the needs of ESSSuper's operations; 

(d) the hours worked including paid and unpaid Overtime and breaks taken; 

( e) the notice (if any) given by ESSSuper of the Overtime and by the Employee of their intention to refuse 
it; and 

(f) any other relevant matter. 

ESSSuper Enterprise Agreement 2020-2023 Page 38 of 74 


33 FLEXIBLE WORKING ARRANGEMENTS 33.1 An Employee (except if the Employee is employed on a casual basis) who has completed 12 months continuous service may request a change in their working arrangements, because they: (a) are the parent, or have responsibility for the care, of a child who is of school age or younger; (b) are a carer within the meaning of the Carer Recognition Act 2010 (Cth); (c) have a disability; (d) are 55 or older; (e) are experiencing violence from a member of their family; (f) provide care or support to a member of their Immediate Family or household, who requires care or support because they are experiencing violence from their family; or (g) are a parent of a child, or have responsibility for the care of a child, and are returning to work after taking leave in relation to the birth or adoption of the child. 33.2 A long term Casual Employee may request a change in their working arrangements where any of the circumstances set out in clause 30.1(a) to 30.1(g) apply to them and because of such circumstances. 33.3 The Employee's request must be made in writing and set out the details of the change sought and the reasons for the change. 33.4 On receipt of a request by an Employee under this clause, ESSSuper must give the Employee a written response to the request within 21 days stating whether ESSSuper grants or refuses the request. 33.5 ESSSuper may only refuse the request on reasonable business grounds. 34 HOME BASED WORK Home based work arrangements may be agreed between ESSSuper and an Employee on a case-by-case basis. 35 OVERTIME 35.1 ESSSuper acknowledges the benefits to both the organisation and individual Employees gained through Employees having a balance between both their professional and personal lives in the application of Overtime. 35.2 All Overtime arrangements of an Employee, including time in lieu arrangements, must be approved by the Employee's Manager prior to that arrangement being worked. 35.3 Subject to clause 35.5 ESSSuper may require an Employee to work reasonable Overtime at Overtime rates. 35.4 An Employee may refuse to work Overtime in circumstances where the working of such Overtime would result in the Employee working hours which are unreasonable having regard to: (a) any risk to the Employee's health and safety; (b) the impact on the Employee's personal circumstances including family responsibilities; (c) the needs of ESSSuper's operations; (d) the hours worked including paid and unpaid Overtime and breaks taken; (e) the notice (if any) given by ESSSuper of the Overtime and by the Employee of their intention to refuse it; and (f) any other relevant matter. ESSSuper Enteronse Agreement 2020-2023 Page 38.of 74




 



35.5 Requirement to pay Overtime 

(a) Employees are eligible to be paid the appropriate Overtime rate set out in clause 35.6 where their 
role is classified as ESS1 or ESS2. 

(b) Roles classified as ESS3 or above are not eligible to receive Overtime payments. 

(c) For the avoidance of doubt, it is not expected that Employees performing roles classified as ESS3 
or above will work excessive hours. In consultation with their Manager these Employees may make 
informal arrangements to balance their workload. 

(d) An Employee eligible for Overtime payments may request that time be granted in lieu of payment. If 
ESSSuper agrees, time in lieu of payment will accrue at the rate specified in clause 35.9. 

(e) An Employee will not be eligible to receive Overtime payments or time in lieu of payment where the 
additional hours worked on any day are caused by the Employee requesting a temporary change to 
the arrangement of their working hours to accommodate personal circumstances. 

35.6 Overtime - Rates of payment 

For overtime work on Overtime rate 

(% of ordinary hourly rate) 

Monday to Saturday - first three hours 150% 

Monday to Saturday - after 3 hours 200% 

Sunday - in all cases except Public Holidays 200% 

Public Holiday or substituted day 250% 

35.7 Time off in lieu of payment for Overtime 

(a) Where time in lieu is accrued under clause 1.1 (d), it is to be taken at a time mutually agreed between 
ESSSuper and the Employee subject to the operational requirements of the business. ESSSuper will 
endeavour to permit an Employee to take time in lieu at a time of the Employee's choosing. 

(b) Time in lieu may accumulate to a maximum of 15.2 hours. Any Employee who has accumulated 15.2 
hours of time in lieu must be paid Overtime rates for any additional Overtime hours worked. 

(c) Time in lieu must be taken no later than three months from the time it was accumulated, except as 
provided for in clause 34.5(d). 

(d) Employees may accumulate 15.2 hours of time in lieu to be used during the annual office shutdown 
period. This must be documented in writing and processed through payroll via the internal leave 
application system in advance of the shutdown period. 

(e) Upon termination for any reason, the Employee will be paid out any time in lieu accrued to their credit 
as if it were time worked. 

35.8 Overtime - Rate of accrual for time in lieu of payment 

K)vertime worked Monday to Friday On an hour-for-hour basis 

K:vertime worked on the weekends On a one and one half hours' time in lieu per hour 
worked 

Overtime worked on public holidays n-wo hours of time in lieu per hour worked 

35.9 Employees will be paid Overtime (unless time in lieu is elected) for a minimum of three hours when they are 
recalled to duty. 

ESSSuper Enterprise Agreement 2020-2023 Page 39 of 74 


35.5 Requirement to pay Overtime (a) Employees are eligible to be paid the appropriate Overtime rate set out in clause 35.6 where their role is classified as ESS1 or ESS2. (b) Roles classified as ESS3 or above are not eligible to receive Overtime payments. (c) For the avoidance of doubt, it is not expected that Employees performing roles classified as ESS3 or above will work excessive hours. In consultation with their Manager these Employees may make informal arrangements to balance their workload. (d) An Employee eligible for Overtime payments may request that time be granted in lieu of payment. If ESSSuper agrees, time in lieu of payment will accrue at the rate specified in clause 35.9. (e) An Employee will not be eligible to receive Overtime payments or time in lieu of payment where the additional hours worked on any day are caused by the Employee requesting a temporary change to the arrangement of their working hours to accommodate personal circumstances. 35.6 Overtime - Rates of payment For overtime work on Overtime rate (% of ordinary hourly rate) Monday to Saturday - first three hours 150% Monday to Saturday - after 3 hours 200% Sunday - in all cases except Public Holidays 200% Public Holiday or substituted day 250% 35.7 Time off in lieu of payment for Overtime (a) Where time in lieu is accrued under clause 1.1(d), it is to be taken at a time mutually agreed between ESSSuper and the Employee subject to the operational requirements of the business. ESSSuper will endeavour to permit an Employee to take time in lieu at a time of the Employee's choosing. (b) Time in lieu may accumulate to a maximum of 15.2 hours. Any Employee who has accumulated 15.2 hours of time in lieu must be paid Overtime rates for any additional Overtime hours worked. (c) Time in lieu must be taken no later than three months from the time it was accumulated, except as provided for in clause 34.5(d). (d) Employees may accumulate 15.2 hours of time in lieu to be used during the annual office shutdown period. This must be documented in writing and processed through payroll via the internal leave application system in advance of the shutdown period. (e) Upon termination for any reason, the Employee will be paid out any time in lieu accrued to their credit as if it were time worked. 35.8 Overtime - Rate of accrual for time in lieu of payment Overtime worked Monday to Friday On an hour-for-hour basis Overtime worked on the weekends On a one and one half hours' time in lieu per hour worked Overtime worked on public holidays Two hours of time in lieu per hour worked 35.9 Employees will be paid Overtime (unless time in lieu is elected) for a minimum of three hours when they are recalled to duty. ESSSuper Enterprise Agreement 2020-2023 Page 39 of.74




 



35.10 An Employee required to work Overtime will be paid a meal allowance in accordance with clause 28.9. 

35.11 Where an Employee eligible for Overtime finishes overtime after 8.00pm, the Employee will be entitled to a 
cab charge voucher to travel from the normal place of work to the Employee's principle place of residence. 

35.12 Rest Period after Overtime 

(a) Except in an emergency, an Employee must not be required to perform: 

(i) a further period of Overtime duty; or 

(ii) a period of ordinary duty; or 

(iii) a further period of scheduled on-call duty where: 

(A) either the Employee has not been provided with a ten hour rest period between the 
time of completion of one period of duty and the commencement of the next; or 

(B) the Employee has not been provided with a ten hour rest period within the 
preceding 24 hours from the time of the commencement of the on-call duty. 

(b) ESSSuper must not make a deduction from an Employee's Salary where an Employee is released 
from normal duty to enable the Employee to observe a rest break set out above. 

(c) An Employee required to work, as a result of an emergency situation, during or after a rest period is 
due, will be entitled to Overtime in accordance with 42/6 35.5 for all time worked until a rest period 
of at least ten hours continuous duration is taken. 

36 CHILDCARE 

36.1 Where an Employee is required by ESSSuper to work outside their ordinary hours of work, and where less 
than 24 hours' notice of the requirement to perform such Overtime work has been given by ESSSuper, the 
Employee will be reimbursed for reasonable expenses incurred in relation to child care or other dependent 
care. Evidence of this expenditure, whether by receipt or a statutory declaration, must be provided to 
ESSSuper as soon as possible after the working of such Overtime. 

37 MEAL BREAKS 

37.1 ESSSuper will grant to an Employee unpaid meal breaks at times suitable to operational requirements, taking 
into account the wishes of the Employee. 

37.2 Except where otherwise permitted by this clause, an Employee will not be required to work for more than five 
hours without an unpaid meal break unless the Employee and ESSSuper otherwise agree. The length of the 
meal break must be at least thirty minutes. 

37.3 Where an Employee is required by their Manager to work through their meal break, the Employee will be 
entitled to Overtime in accordance with clause 35.5. 

37.4 If for operational reasons it is impractical for all Employees within a designated work group to observe the 
same time for the taking of a meal break, meal breaks may be staggered. 

ESSSuper Enterprise Agreement 2020-2023 Page 40 of 74 


35.10 An Employee required to work Overtime will be paid a meal allowance in accordance with clause 28.9. 35.11 Where an Employee eligible for Overtime finishes overtime after 8.00pm, the Employee will be entitled to a cab charge voucher to travel from the normal place of work to the Employee's principle place of residence. 35.12 Rest Period after Overtime (a) Except in an emergency, an Employee must not be required to perform: (i) a further period of Overtime duty; or (ii) a period of ordinary duty; or (iii) a further period of scheduled on-call duty where: (A) either the Employee has not been provided with a ten hour rest period between the time of completion of one period of duty and the commencement of the next; or (B) the Employee has not been provided with a ten hour rest period within the preceding 24 hours from the time of the commencement of the on-call duty. (b) ESSSuper must not make a deduction from an Employee's Salary where an Employee is released from normal duty to enable the Employee to observe a rest break set out above. (c) An Employee required to work, as a result of an emergency situation, during or after a rest period is due, will be entitled to Overtime in accordance with 42/6 35.5 for all time worked until a rest period of at least ten hours continuous duration is taken. 36 CHILDCARE 36.1 Where an Employee is required by ESSSuper to work outside their ordinary hours of work, and where less than 24 hours' notice of the requirement to perform such Overtime work has been given by ESSSuper, the Employee will be reimbursed for reasonable expenses incurred in relation to child care or other dependent care. Evidence of this expenditure, whether by receipt or a statutory declaration, must be provided to ESSSuper as soon as possible after the working of such Overtime. 37 MEAL BREAKS 37.1 ESSSuper will grant to an Employee unpaid meal breaks at times suitable to operational requirements, taking into account the wishes of the Employee. 37.2 Except where otherwise permitted by this clause, an Employee will not be required to work for more than five hours without an unpaid meal break unless the Employee and ESSSuper otherwise agree. The length of the meal break must be at least thirty minutes. 37.3 Where an Employee is required by their Manager to work through their meal break, the Employee will be entitled to Overtime in accordance with clause 35.5. 37.4 If for operational reasons it is impractical for all Employees within a designated work group to observe the same time for the taking of a meal break, meal breaks may be staggered. BSSSuper Enterprise Agreement 2020-2023 Page 10 0f/4




 



PART 8- LEAVE ENTITLEMENTS 

38 STANDARD DAY FOR APPROVED LEAVE PURPOSES 

38.1 For each day that an Employee is absent on approved leave, the hours of work for the purposes of such 
entitlements will be taken as 7.6 hours. Where an alternative arrangement of days and hours is worked, leave 
will be debited on the basis of the actual hours to be worked on the day of the leave. 

39 ANNUAL LEAVE 

39.1 An Employee, other than a casual Employee, is entitled to four weeks' paid annual leave for each year of 
employment. The entitlement accrues on a daily basis. 

39.2 Payment for annual leave will be at the ordinary time earnings applicable at the time of taking leave. 

39.3 An Employee may request that the whole or part of their annual leave, be taken at half pay equal to twice the 
period to which the Employee would otherwise be entitled. 

39.4 Annual leave entitlements may be taken at any time convenient to the needs of ESSSuper and the Employee. 

39.5 An Employee will endeavour to not accrue an annual leave balance that exceeds six weeks. If this occurs 
ESSSuper reserves the right to require the Employee to submit a plan for taking that leave. 

39.6 An Employee may request to cash out accrued annual leave. 

(a) Requests will only be considered if the Employee at the time of making the request maintains a leave 
balance of at least four ( 4) weeks' annual leave. 

(b) An application to Cash out leave must be made in writing on each occasion and be endorsed by both 
the Employee's General Manager and the Manager, Human Resources. 

(c) Employees who are granted cashing out of leave will be paid the full amount that would have been 
payable if the leave was taken. 

39.7 Each Employee who takes annual leave will be entitled to be paid in addition to their salary a leave loading 
allowance at the rate of 17.5 per cent of the Employee's salary for the period of annual leave. 

39.8 An Employee, who, upon retirement, resignation or termination of employment, has an outstanding annual 
leave entitlement, will be paid an equal amount to the unused annual leave entitlement and any unpaid leave 
loading. 

39.9 An Employee, with the approval of ESSSuper may take up to 10 days annual leave prior to accruing the 
leave. Upon resignation, retirement or termination, an Employee who has not accrued sufficient annual leave 
to cover any leave taken in advance will have an amount equivalent to the outstanding leave deducted from 
their final payment. 

40 PURCHASED LEAVE 

40.1 An Employee may, with the agreement of ESSSuper, work between 46 weeks and 51 weeks per year. Access 
to this entitlement may only be granted annually on application from an Employee and cannot be required as 
a precondition for employment. 

40.2 Where ESSSuper and an Employee agree to a reduction in the number of working weeks under clause 40, 
the Employee will receive additional annual leave as follows : 

ESSSuper Enterprise Agreement 2020-2023 Page 41 of 74 


PART 8 - LEAVE ENTITLEMENTS 38 STANDARD DAY FOR APPROVED LEAVE PURPOSES 38.1 For each day that an Employee is absent on approved leave, the hours of work for the purposes of such entitlements will be taken as 7.6 hours. Where an alternative arrangement of days and hours is worked, leave will be debited on the basis of the actual hours to be worked on the day of the leave. 39 ANNUAL LEAVE 39.1 An Employee, other than a casual Employee, is entitled to four weeks' paid annual leave for each year of employment. The entitlement accrues on a daily basis. 39.2 Payment for annual leave will be at the ordinary time earnings applicable at the time of taking leave. 39.3 An Employee may request that the whole or part of their annual leave, be taken at half pay equal to twice the period to which the Employee would otherwise be entitled. 39.4 Annual leave entitlements may be taken at any time convenient to the needs of ESSSuper and the Employee. 39.5 An Employee will endeavour to not accrue an annual leave balance that exceeds six weeks. If this occurs ESSSuper reserves the right to require the Employee to submit a plan for taking that leave. 39.6 An Employee may request to cash out accrued annual leave. (a) Requests will only be considered if the Employee at the time of making the request maintains a leave balance of at least four (4) weeks' annual leave. (b) An application to Cash out leave must be made in writing on each occasion and be endorsed by both the Employee's General Manager and the Manager, Human Resources. (c) Employees who are granted cashing out of leave will be paid the full amount that would have been payable if the leave was taken. 39.7 Each Employee who takes annual leave will be entitled to be paid in addition to their salary a leave loading allowance at the rate of 17.5 per cent of the Employee's salary for the period of annual leave. 39.8 An Employee, who, upon retirement, resignation or termination of employment, has an outstanding annual leave entitlement, will be paid an equal amount to the unused annual leave entitlement and any unpaid leave loading. 39.9 An Employee, with the approval of ESSSuper may take up to 10 days annual leave prior to accruing the leave. Upon resignation, retirement or termination, an Employee who has not accrued sufficient annual leave to cover any leave taken in advance will have an amount equivalent to the outstanding leave deducted from their final payment. 40 PURCHASED LEAVE 40.1 An Employee may, with the agreement of ESSSuper, work between 46 weeks and 51 weeks per year. Access to this entitlement may only be granted annually on application from an Employee and cannot be required as a precondition for employment. 40.2 Where ESSSuper and an Employee agree to a reduction in the number of working weeks under clause 40, the Employee will receive additional annual leave as follows: ESSSuper Enterprise Agreement 2020-2023




 



urchased leave fraction 
Additional purchased leave Total annual leave, inclusive of 

balance annual entitlement 

46/52 weeks Additional 6 weeks leave 10 weeks in total 

47/52 weeks Additional 5 weeks leave 9 weeks in total 

48/52 weeks Additional 4 weeks leave 8 weeks in total 

49/52 weeks Additional 3 weeks leave 7 weeks in total 

50/52 weeks Additional 2 weeks leave 6 weeks in total 

51/52 weeks Additional 1 weeks leave 5 weeks in total 

40.3 The Employee's Salary will be adjusted equal to the period worked (e.g. 48 weeks, 49 weeks) which will be 
spread over a 52 week period. 

40.4 Accrual of personal/carer's leave and long service leave by the Employee will remain unchanged by any 
arrangement under clause 40. 

40.5 ESSSuper will endeavour to accommodate requests by Employees for arrangements under this clause 40. 
Where such requests are granted, ESSSuper will make proper arrangements to ensure that the workloads 
of other Employees are not unduly affected; and that excessive Overtime is not required to be performed by 
other Employees as a result of these arrangements. 

40.6 An Employee may revert to ordinary 52 week employment by giving ESSSuper no less than four weeks' 
written notice. Where an Employee so reverts to 52 week employment, appropriate pro rata adjustments to 
their Salary will be made. 

41 PUBLIC HOLIDAYS 

41 .1 All Employees (except casual Employees) will be entitled to be absent from work on the following Public 
Holidays without deduction of pay where the Public Holiday occurs on a day the Employee would normally 
work: 

(a) New Year's Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Christmas Day (25 
December), Boxing Day, Australia Day, Anzac Day, Queen's Birthday, Labour Day, the Friday before 
the Australian Football League Grand Final and Melbourne Cup Day. 

41.2 For part-time Employees, payment will be made in respect of those public holidays on which the part-time 
Employee would have worked had there been no public holiday. 

41.3 If an Employee is required to work on a public holiday, the Employee will be entitled to Overtime in 
accordance with clause 35.5. 

41.4 An Employee is entitled to refuse to work on a public holiday where working on that public holiday would 
result in the Employee working hours which are unreasonable under clause 35.4. 

41.5 Prescribed substitute and additional public holidays 

(a) Christmas Day (25 December) 

(i) When Christmas Day (25 December) is a Saturday an additional holiday will be 
observed on the next Monday. 

(ii) When Christmas Day (25 December) is a Sunday, an additional holiday will be 
observed on the next Tuesday. 

ESSSuper Enterprise Agreement 2020-2023 Page 42 of 74 


urchased leave fraction Additional purchased leave Total annual leave, inclusive of balance annual entitlement 46/52 weeks Additional 6 weeks leave 10 weeks in total 47/52 weeks Additional 5 weeks leave 9 weeks in total 48/52 weeks Additional 4 weeks leave 8 weeks in total 49/52 weeks Additional 3 weeks leave 7 weeks in total 50/52 weeks Additional 2 weeks leave 6 weeks in total 51/52 weeks Additional 1 weeks leave 5 weeks in total 40.3 The Employee's Salary will be adjusted equal to the period worked (e.g. 48 weeks, 49 weeks) which will be spread over a 52 week period. 40.4 Accrual of personal/carer's leave and long service leave by the Employee will remain unchanged by any arrangement under clause 40. 40.5 ESSSuper will endeavour to accommodate requests by Employees for arrangements under this clause 40. Where such requests are granted, ESSSuper will make proper arrangements to ensure that the workloads of other Employees are not unduly affected; and that excessive Overtime is not required to be performed by other Employees as a result of these arrangements. 40.6 An Employee may revert to ordinary 52 week employment by giving ESSSuper no less than four weeks' written notice. Where an Employee so reverts to 52 week employment, appropriate pro rata adjustments to their Salary will be made. 41 PUBLIC HOLIDAYS 41.1 All Employees (except casual Employees) will be entitled to be absent from work on the following Public Holidays without deduction of pay where the Public Holiday occurs on a day the Employee would normally work: (a) New Year's Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Christmas Day (25 December), Boxing Day, Australia Day, Anzac Day, Queen's Birthday, Labour Day, the Friday before the Australian Football League Grand Final and Melbourne Cup Day. 41.2 For part-time Employees, payment will be made in respect of those public holidays on which the part-time Employee would have worked had there been no public holiday. 41.3 If an Employee is required to work on a public holiday, the Employee will be entitled to Overtime in accordance with clause 35.5. 41.4 An Employee is entitled to refuse to work on a public holiday where working on that public holiday would result in the Employee working hours which are unreasonable under clause 35.4. 41.5 Prescribed substitute and additional public holidays (a) Christmas Day (25 December) (i) When Christmas Day (25 December) is a Saturday an additional holiday will be observed on the next Monday. (ii): When Christmas Day (25 December) is a Sunday, an additional holiday will be observed on the next Tuesday. ESSSuper Enterprise Agroomont 2020-2023 Page 42 b1 74




 



(b) Boxing Day 

When Boxing Day is a Sunday, an additional holiday will be observed on the next Tuesday. 

(c) New Year's Day 

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

(d) Australia Day 

When Australia Day is a Saturday or a Sunday, a holiday in lieu will be observed on the next 
Monday. 

(e) 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 41.1 those days shall 
constitute additional or substituted holidays for the purpose of this Agreement for Employees 
who have their place of principal employment in a municipality to which the additional or 
substituted Public Holiday applies. 

(f) Substitution of Public Holiday 

An Employee may by agreement with ESSSuper substitute another day for any prescribed in 
this clause to observe religious or cultural occasions or like reasons of significance to the 
Employee. 

42 PERSONAL/ CARER'S LEAVE 

42.1 An Employee, other than a casual Employee, is entitled to paid personal/carer's leave when they are absent 
because of: 

(a) personal illness or injury; 

(b) personal illness or injury of a Member of an Employee's Immediate Family or household who requires 
the Employee's care or support; 

(c) an unexpected emergency affecting a member of an Employee's Immediate Family or household. 

42.2 A full-time Employee is entitled to 114 hours (15 days) paid personal/carer's leave per year of employment 
which can be taken as either sick leave or carer's leave. 

42.3 Paid personal/carer's leave accrues cumulatively on a daily basis commensurate with an Employee's 
ordinary hours of work. 

42.4 On commencement of employment, a new Employee will be advanced 5 days of paid personal/carer's leave 
with the remaining balance of days accruing progressively on a daily basis commensurate with the 
Employee's ordinary hours of work. In the second and subsequent years of employment, paid 
personal/carer's leave accrues in accordance with clause 42.3. 

42.5 Unused paid personal/carer's leave accumulates from year to year. 

42.6 Unused paid personal/carer's leave will not be paid out on termination of employment. 

42.7 An Employee must inform their Manager of their inability to attend work as soon as practicable and prior to 
their normal start time if possible. 

42.8 The Employee must also advise their Manager of the purpose of the leave (whether personal or carer's 
leave), the estimated duration of the absence and whether they will be providing documentary evidence for 
the leave period. 

ESSSuper Enterprise Agreement 2020-2023 Page 43 of 74 


(b) Boxing Day When Boxing Day is a Sunday, an additional holiday will be observed on the next Tuesday. (c) New Year's Day When New Year's Day is a Saturday or a Sunday, an additional holiday will be observed on the next Monday. (d) Australia Day When Australia Day is a Saturday or a Sunday, a holiday in lieu will be observed on the next Monday. (e) 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 41.1 those days shall constitute additional or substituted holidays for the purpose of this Agreement for Employees who have their place of principal employment in a municipality to which the additional or substituted Public Holiday applies. (f) Substitution of Public Holiday An Employee may by agreement with ESSSuper substitute another day for any prescribed in this clause to observe religious or cultural occasions or like reasons of significance to the Employee. 42 PERSONAL / CARER'S LEAVE 42.1 An Employee, other than a casual Employee, is entitled to paid personal/carer's leave when they are absent because of: (a) personal illness or injury; (b) personal illness or injury of a Member of an Employee's Immediate Family or household who requires the Employee's care or support; (c) an unexpected emergency affecting a member of an Employee's Immediate Family or household. 42.2 A full-time Employee is entitled to 114 hours (15 days) paid personal/carer's leave per year of employment which can be taken as either sick leave or carer's leave. 42.3 Paid personal/carer's leave accrues cumulatively on a daily basis commensurate with an Employee's ordinary hours of work. 42.4 On commencement of employment, a new Employee will be advanced 5 days of paid personal/carer's leave with the remaining balance of days accruing progressively on a daily basis commensurate with the Employee's ordinary hours of work. In the second and subsequent years of employment, paid personal/carer's leave accrues in accordance with clause 42.3. 42.5 Unused paid personal/carer's leave accumulates from year to year. 42.6 Unused paid personal/carer's leave will not be paid out on termination of employment. 42.7 An Employee must inform their Manager of their inability to attend work as soon as practicable and prior to their normal start time if possible. 42.8 The Employee must also advise their Manager of the purpose of the leave (whether personal or carer's leave), the estimated duration of the absence and whether they will be providing documentary evidence for the leave period. ESSSuper Enterprise Agreement 2020-2025 Page 43 of 74




 



42.9 Documentary Evidence Requirements 

(a) In the case of personal leave, an Employee must provide a medical certificate from a registered 
practitioner within a reasonable period of time in the following circumstances: 

(i) for any continuous period of leave exceeding 22.8 hours (3 days); and 

(ii) if in any year of employment, leave unsupported by a medical certificate exceeds a total of 
38 hours (5 days). 

(b) In the case of carer's leave, the Employee must provide ESSSuper with appropriate documentary 
evidence. The form of evidence required by ESSSuper will depend on the circumstances of the 
carer's leave request, and may include a medical certificate from a registered practitioner or 
statutory declaration stating that the condition of the person concerned requires the Employee's 
care or support or other relevant documentary evidence. 

(c) The use of statutory declarations for carer's leave will be limited to a maximum of five days in 
aggregate in any year of employment. 

42.1 O An Employee with a diagnosed long term or chronic health condition certified by a registered medical 
practitioner may by agreement with ESSSuper: 

(a) for the purpose of personal leave use statutory declarations. The use of statutory declarations for 
this type of personal leave will be limited to a maximum of five days in aggregate in any year of 
employment; and 

(b} request an advance of up to five personal/carer's leave days where the Employee has exhausted all 
paid personal/carer's leave entitlements. 

42.11 An Employee who has exhausted all paid personal/carer's leave entitlements may, with the consent of 
ESSSuper, take unpaid personal leave for absence due to personal illness or injury. Such leave granted is 
subject to compliance with the notice requirements in clause 42.9(a). 

42.12 An Employee who has exhausted all paid personal/carer's leave entitlements and casual Employees is 
entitled to take two days unpaid carer's leave on each permissible occasion where a member of the 
Employee's Immediate Family or household requires care or support because of: 

(a) a personal illness, or personal injury, affecting that member; or 

(b) an unexpected emergency affecting that member .. 

42.13 ESSSuper may require that an Employee provide a further medical certificate from an independent registered 
medical practitioner of mutual choice where the Employee has been on personal leave for at least six weeks 
and has a medical certificate indicating an ongoing need for personal leave. 

42.14 ESSSuper may require that an Employee provide further documentary evidence to the satisfaction of 
ESSSuper where an Employee has been on carer's leave for at least two weeks including evidence stating 
that the condition of the person concerned requires the continued care or support of the Employee. 

42.15 ESSSuper may require that an Employee provide a further medical certificate from a registered medical 
practitioner of mutual choice where the Employee has exhausted all personal/carer's leave and is requesting 
unpaid personal leave. 

42.16 If ESSSuper has a genuine concern about an Employee's capacity to undertake their duties, ESSSuper may 
require that the Employee provide a medical report from an independent registered practitioner in relation to 
the Employee's capacity to perform their duties and any reasonable adjustments that may be necessary in 
the workplace. 

42.17 Where ESSSuper reasonably believes that the Employee is in such a state of health as to render the 
Employee a danger to themselves or other Employees, ESSSuper may require the Employee to absent 
themselves from the workplace until the Employee obtains and provides to ESSSuper a report as described 
in clause 42.16. Any such absence will be regarded as personal leave. 

ESSSuper Enterprise Agreement 2020-2023 Page 44 of 74 


42.9 Documentary Evidence Requirements (a) In the case of personal leave, an Employee must provide a medical certificate from a registered practitioner within a reasonable period of time in the following circumstances: (i) for any continuous period of leave exceeding 22.8 hours (3 days); and (ii) if in any year of employment, leave unsupported by a medical certificate exceeds a total of 38 hours (5 days). (b) In the case of carer's leave, the Employee must provide ESSSuper with appropriate documentary evidence. The form of evidence required by ESSSuper will depend on the circumstances of the carer's leave request, and may include a medical certificate from a registered practitioner or statutory declaration stating that the condition of the person concerned requires the Employee's care or support or other relevant documentary evidence. (c) The use of statutory declarations for carer's leave will be limited to a maximum of five days in aggregate in any year of employment. 42.10 An Employee with a diagnosed long term or chronic health condition certified by a registered medical practitioner may by agreement with ESSSuper: (a) for the purpose of personal leave use statutory declarations. The use of statutory declarations for this type of personal leave will be limited to a maximum of five days in aggregate in any year of employment; and (b) request an advance of up to five personal/carer's leave days where the Employee has exhausted all paid personal/carer's leave entitlements. 42.11 An Employee who has exhausted all paid personal/carer's leave entitlements may, with the consent of ESSSuper, take unpaid personal leave for absence due to personal illness or injury. Such leave granted is subject to compliance with the notice requirements in clause 42.9(a). 42.12 An Employee who has exhausted all paid personal/carer's leave entitlements and casual Employees is entitled to take two days unpaid carer's leave on each permissible occasion where a member of the Employee's Immediate Family or household requires care or support because of: (a) a personal illness, or personal injury, affecting that member; or (b) an unexpected emergency affecting that member. 42.13 ESSSuper may require that an Employee provide a further medical certificate from an independent registered medical practitioner of mutual choice where the Employee has been on personal leave for at least six weeks and has a medical certificate indicating an ongoing need for personal leave. 42.14 ESSSuper may require that an Employee provide further documentary evidence to the satisfaction of ESSSuper where an Employee has been on carer's leave for at least two weeks including evidence stating that the condition of the person concerned requires the continued care or support of the Employee. 42.15 ESSSuper may require that an Employee provide a further medical certificate from a registered medical practitioner of mutual choice where the Employee has exhausted all personal/carer's leave and is requesting unpaid personal leave. 42.16 If ESSSuper has a genuine concern about an Employee's capacity to undertake their duties, ESSSuper may require that the Employee provide a medical report from an independent registered practitioner in relation to the Employee's capacity to perform their duties and any reasonable adjustments that may be necessary in the workplace. 42.17 Where ESSSuper reasonably believes that the Employee is in such a state of health as to render the Employee a danger to themselves or other Employees, ESSSuper may require the Employee to absent themselves from the workplace until the Employee obtains and provides to ESSSuper a report as described in clause 42.16. Any such absence will be regarded as personal leave. ESSSuper Enterprise Agreement 2020-2028 Page 44 61 74




 



42.18 Failure by the Employee to provide documentary evidence as required by ESSSuper within a reasonable 
period of time may render the Employee ineligible for payment for personal/carer's leave. 

43 FAMILY VIOLENCE LEAVE 

43.1 General Principles 

(a) The ESSSuper recognises that Employees sometimes face situations of violence or abuse in their 
personal life that may affect their attendance or performance at work. Therefore, ESSSuper is 
committed to providing support to Employees that experience family violence. 

(b) Leave for family violence purposes is available to Employees who are experiencing family violence 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. 

(c) The supports and paid or unpaid leave provided under this clause do not extend to perpetrators (or 
alleged perpetrators) of family violence. 

43.2 Definition of Family Violence 

Family violence includes physical , sexual, financial, verbal or emotional abuse by a family member as 
defined by the Family Violence Protection Act 2008 (Vic). 

43.3 Eligibility 

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

(b) Casual Employees are entitled to access leave without pay for family violence purposes. ESSSuper 
may use their discretion to grant paid leave to a casual Employee experiencing family violence on a 
case by case basis. 

43.4 General Measures 

(a) Evidence of family violence may be required and can be in the form of 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. 

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

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

(d) ESSSuper will identify contacUs within the workplace who will be trained in family violence and 
associated privacy issues. ESSSuper will advertise the name of any Family Violence contacts within 
the workplace. 

(e) 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. 

(f) 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 43.5 and clause 43.6. 

(g) ESSuper 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. 

ESSSuper Enterprise Agreement 2020-2023 Page 45 of 74 


42.18 Failure by the Employee to provide documentary evidence as required by ESSSuper within a reasonable period of time may render the Employee ineligible for payment for personal/carer's leave. 43 FAMILY VIOLENCE LEAVE 43.1 General Principles (a) The ESSSuper recognises that Employees sometimes face situations of violence or abuse in their personal life that may affect their attendance or performance at work. Therefore, ESSSuper is committed to providing support to Employees that experience family violence. (b) Leave for family violence purposes is available to Employees who are experiencing family violence 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. (c) The supports and paid or unpaid leave provided under this clause do not extend to perpetrators (or alleged perpetrators) of family violence 43.2 Definition of Family Violence Family violence includes physical, sexual, financial, verbal or emotional abuse by a family member as defined by the Family Violence Protection Act 2008 (Vic). 43.3 Eligibility (a) Leave for family violence purposes is available to all Employees with the exception of casual Employees. (b) Casual Employees are entitled to access leave without pay for family violence purposes. ESSSuper may use their discretion to grant paid leave to a casual Employee experiencing family violence on a case by case basis. 43.4 General Measures (a) Evidence of family violence may be required and can be in the form of 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. (b) All personal information concerning family violence will be kept confidential in line with ESSSuper's policies and relevant legislation. No information will be kept on an Employee's personnel file without their express written permission. (c) No adverse action will be taken against an Employee if their attendance or performance at work suffers as a result of experiencing family violence. (d) ESSSuper will identify contact/s within the workplace who will be trained in family violence and associated privacy issues. ESSSuper will advertise the name of any Family Violence contacts within the workplace. (e) 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. (f) 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 43.5 and clause 43.6. (g) ESSuper 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. ESSSuper Enterprise Agreement 2020-2022 Page 45 pk74




 



43.5 Leave 

(a) An Employee experiencing family violence will have access to up to 20 days per calendar year of 
paid special leave for 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. 

(b) 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. ESSSuper may 
require evidence consistent with clause 43.4(a) from an Employee seeking to utilise their 
personal/carer's leave entitlement. 

43.6 Individual Support 

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

(i) temporary or ongoing changes to their span of hours or pattern or hours and/or shift patterns; 
or 

(ii) temporary or ongoing job redesign or changes to duties; or 

(iii) temporary or ongoing relocation to suitable employment; or 

(iv) a change to their telephone number or email address to avoid harassing contact; or 

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

(b) 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. 

(c) 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. 

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

44 COMPASSIONATE LEAVE 

44.1 An Employee, other than a casual Employee, is entitled to up to three days paid compassionate or 
bereavement leave on each occasion when a member of the Employee's Immediate Family or household : 

(a) contracts or develops a serious life-threatening personal illness; or 

(b) sustains a serious life-threatening personal injury; or 

(c) dies. 

44.2 Compassionate leave may be taken to: 

(a) spend time with the member of the Employee's Immediate Family or household who has contracted 
or developed the personal illness or sustained the personal injury; or 

(b) after the death of a member of the Employee's Immediate Family or household. 

ESSSuper Enterprise Agreement 2020-2023 Page 46 of 74 


43.5 Leave (a) An Employee experiencing family violence will have access to up to 20 days per calendar year of paid special leave for 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. (b) 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. ESSSuper may require evidence consistent with clause 43.4(a) from an Employee seeking to utilise their personal/carer's leave entitlement. 43.6 Individual Support (a) In order to provide support to an Employee experiencing family violence and to provide a safe work environment to all Employees, ESSSuper will approve any reasonable request from an Employee experiencing family violence for: (i) temporary or ongoing changes to their span of hours or pattern or hours and/or shift patterns; or (ii) temporary or ongoing job redesign or changes to duties; or (iii) temporary or ongoing relocation to suitable employment; or (iv) a change to their telephone number or email address to avoid harassing contact; or (v) any other appropriate measure including those available under existing provisions for family friendly and flexible work arrangements. (b) 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. (c) 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. (d) An Employee that discloses that they are experiencing family violence will be given information regarding current support services. 44 COMPASSIONATE LEAVE 44.1 An Employee, other than a casual Employee, is entitled to up to three days paid compassionate or bereavement leave on each occasion when a member of the Employee's Immediate Family or household: (a) contracts or develops a serious life-threatening personal illness; or (b) sustains a serious life-threatening personal injury; or (c) dies. 44.2 Compassionate leave may be taken to: (a) spend time with the member of the Employee's Immediate Family or household who has contracted or developed the personal illness or sustained the personal injury; or (b) after the death of a member of the Employee's Immediate Family or household. ESSSuper Enterprise Agreement 2020-2023 Rage 46 0/ 74




 



44.3 An Employee is not required to take compassionate leave consecutively. 

44.4 Compassionate leave will not accrue from year to year and will not be paid out on termination of the 
employment of the Employee. 

44.5 Unpaid compassionate leave 

(a) A casual Employee, fixed-term contract Employee and an ongoing Employee with the agreement of 
ESSSuper, may take a reasonable period of unpaid compassionate leave. 

(b) In addition to other provisions of this clause 44, Employees of Aboriginal or Torres Strait Islander 
descent may be granted unpaid leave of up to three days per permissible occasion in relation to the 
death of an extended family member. 

44.6 An Employee other than a casual Employee may be granted up to three days additional paid leave in an 
employment year to attend to matters associated with the death, serious injury or illness of a member of their 
Immediate Family or household. 

44.7 Notice and Evidence Requirements 

(a) An Employee must give notice to ESSSuper as soon as practicable (which may be at a time after 
the compassionate leave has started) and must advise ESSSuper of the period, or expected period, 
of the compassionate leave. 

(b) An Employee must provide ESSSuper with satisfactory evidence to support the taking of 
compassionate leave. Satisfactory evidence may include a medical certificate from a registered 
practitioner, a statutory declaration or other relevant documentary evidence to the reasonable 
satisfaction of ESSSuper. 

(c) An Employee is not entitled to compassionate leave under this clause 44 unless the Employee 
complies with the evidence and notice requirements set out in this clause. 

44.8 Subject to the notice requirements and evidence requirements set out in clause 44.7, a casual Employee is 
entitled to not be available to attend work, or to leave work in the circumstances set out in clauses 44 and 
44.2. 

44.9 ESSSuper and the casual Employee may agree on the period for which the casual Employee will be entitled 
to not be available to attend work. In the absence of agreement, the casual Employee is entitled to not be 
available to attend work for two days per occasion. The casual Employee is not entitled to any payment for 
the period of non-attendance. 

44.10 ESSSuper must not fail to re-engage a casual Employee because the casual Employee accessed the 
entitlements provided for in this clause. The rights of ESSSuper to engage or not to engage a casual 
Employee are otherwise not affected. 

45 PARENTAL LEAVE 

45.1 Application 

(a) Eligible Employees are entitled to parental leave under this clause if the leave is associated with: 

(i) the birth of a Child of the Employee, the Employee's Spouse or the Employee's legal 
surrogate or the placement of a Child with the Employee for adoption; and 

(ii) the Employee has or will have a responsibility for the care of the Child. 

(b) An Employee currently on parental leave (excluding an Employee on Extended Family Leave under 
clause 45.31 is not required to return to work in order to access a further period of parental leave 
under this clause. 

45.2 Definitions 

For the purposes of this clause: 

ESSSuper Enterprise Agreement 2020-2023 Page 47 of 74 


44.3 An Employee is not required to take compassionate leave consecutively. 44.4 Compassionate leave will not accrue from year to year and will not be paid out on termination of the employment of the Employee. 44.5 Unpaid compassionate leave (a) A casual Employee, fixed-term contract Employee and an ongoing Employee with the agreement of ESSSuper, may take a reasonable period of unpaid compassionate leave. (b) In addition to other provisions of this clause 44, Employees of Aboriginal or Torres Strait Islander descent may be granted unpaid leave of up to three days per permissible occasion in relation to the death of an extended family member. 44.6 An Employee other than a casual Employee may be granted up to three days additional paid leave in an employment year to attend to matters associated with the death, serious injury or illness of a member of their Immediate Family or household. 44.7 Notice and Evidence Requirements (a) An Employee must give notice to ESSSuper as soon as practicable (which may be at a time after the compassionate leave has started) and must advise ESSSuper of the period, or expected period, of the compassionate leave. (b) An Employee must provide ESSSuper with satisfactory evidence to support the taking of compassionate leave. Satisfactory evidence may include a medical certificate from a registered practitioner, a statutory declaration or other relevant documentary evidence to the reasonable satisfaction of ESSSuper. (c) An Employee is not entitled to compassionate leave under this clause 44 unless the Employee complies with the evidence and notice requirements set out in this clause. 44.8 Subject to the notice requirements and evidence requirements set out in clause 44.7, a casual Employee is entitled to not be available to attend work, or to leave work in the circumstances set out in clauses 44 and 44.2. 44.9 ESSSuper and the casual Employee may agree on the period for which the casual Employee will be entitled to not be available to attend work. In the absence of agreement, the casual Employee is entitled to not be available to attend work for two days per occasion. The casual Employee is not entitled to any payment for the period of non-attendance. 44.10 ESSSuper must not fail to re-engage a casual Employee because the casual Employee accessed the entitlements provided for in this clause. The rights of ESSSuper to engage or not to engage a casual Employee are otherwise not affected. 45 PARENTAL LEAVE 45.1 Application (a) Eligible Employees are entitled to parental leave under this clause if the leave is associated with: (i) the birth of a Child of the Employee, the Employee's Spouse or the Employee's legal surrogate or the placement of a Child with the Employee for adoption; and (ii) the Employee has or will have a responsibility for the care of the Child. (b) An Employee currently on parental leave (excluding an Employee on Extended Family Leave under clause 45.31 is not required to return to work in order to access a further period of parental leave under this clause. 45.2 Definitions For the purposes of this clause: ESSSuper Enterprise Agreement 2020-2022 Page 47 of 74




 



(a) Eligible Employee means: 

(i) a full time or part-time Employee, whether employed on an ongoing or fixed term basis, or 

(ii) a Long Term Casual Employee who has, but for accessing parental leave under this clause, 
a reasonable expectation of continuing employment by ESSSuper on a regular and 
systematic basis. 

(b) Continuous Service is work for ESSSuper on a regular and systematic basis (including any period of 
authorised leave) and any period of Recognised Prior Service (as defined in clause 45.2(g)). 

(c) Child means: 

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

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

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

(B) 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 

(C) is not (otherwise than because of the adoption) a child of the Employee or 
the Employee's Spouse. 

(d) Primary Caregiver means the person who takes primary responsibility for the care of a newborn or 
newly adopted Child. The Primary Caregiver is the person who meets the Child's physical needs 
more than anyone else. Only one person can be a Child's Primary Caregiver on a particular day. 

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

(f) 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. 

(g) Recognised Prior Service means any service immediately prior to the Employee's employment with 
ESSSuper, where the Employee was employed : 

(i) by a public entity under the Public Administration Act (PAA); 

(ii) under Part 6 of the PM; or 

(iii) as a parliamentary officer or electorate officer under the Parliamentary Administration Act 
2005 (Vic). 

ESSSuper Enterprise Agreement 2020-2023 Page 48 of 74 


(a) Eligible Employee means: (1) a full time or part-time Employee, whether employed on an ongoing or fixed term basis, or (ii) a Long Term Casual Employee who has, but for accessing parental leave under this clause, a reasonable expectation of continuing employment by ESSSuper on a regular and systematic basis. (b) Continuous Service is work for ESSSuper on a regular and systematic basis (including any period of authorised leave) and any period of Recognised Prior Service (as defined in clause 45.2(g)). (c) Child means: (i) in relation to birth-related leave, a child (or children from a multiple birth) of the Employee or the Employee's Spouse or the Employee's legal surrogate; or (ii) in relation to adoption-related leave, a child (or children) who will be placed with an Employee, and: (A) who is, or will be, under 16 as at the day of placement, or the expected day of placement; (B) 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 (C) is not (otherwise than because of the adoption) a child of the Employee or the Employee's Spouse (d) Primary Caregiver means the person who takes primary responsibility for the care of a newborn or newly adopted Child. The Primary Caregiver is the person who meets the Child's physical needs more than anyone else. Only one personcan be a Child's Primary Caregiver on a particular day. (e) Secondary Caregiver means a person who has parental responsibility for the Child but is not the Primary Caregiver. (f) 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. (g) Recognised Prior Service means any service immediately prior to the Employee's employment with ESSSuper, where the Employee was employed: (i) by a public entity under the Public Administration Act (PAA); (ii) under Part 6 of the PAA; or (iii) as a parliamentary officer or electorate officer under the Parliamentary Administration Act 2005 (Vic). ESSSuper Enterprise Agreement 2020-2023 Page 48 OF 24




 



45.3 Summary of Parental Leave Entitlements 

(a) The entitlements summarised in the table below apply to a period of Parental Leave commenced on 
or after the commencement of the Agreement. 

Paid leave Unpaid leave Total 

Primary Caregiver 

Primary Caregivers 16 weeks Up to 36 weeks 52 weeks 

Long Term Casual Employee 0 Up to 52 weeks 52 weeks 

Secondary Caregiver 

Secondary 4 weeks Up to 48 weeks 
Caregivers 

Secondary Caregiver takes over An additional Up to 36 weeks 52 weeks 
the primary responsibility for the 12 weeks 
care of the Child within first 78 
weeks from birth 

Long Term Casual Employee 0 Up to 52 weeks 52 weeks 

(b) The entitlements summarised in the table below apply on the commencement of the Agreement. 

Paid leave Unpaid leave Total 

Pre-natal leave 

Pregnant Employee 38 hours 

Spouse 7.6 hours 

Pre-adoption leave 

Employees who plan 2 days 
to adopt 

Permanent Care Leave 

Carers 16 weeks Up to 36 weeks 52 weeks 

Grandparent Leave 

Grandparent Leave 0 Up to 52 weeks 52 weeks 

45.4 Parental Leave - Primary Caregiver 

(a) An Eligible 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 parental leave, comprising: 

(i) 16 weeks paid parental leave; and 

ESSSuper Enterprise Agreement 2020-2023 Page 49 of 74 


45.3 Summary of Parental Leave Entitlements (a) The entitlements summarised in the table below apply to a period of Parental Leave commenced on or after the commencement of the Agreement. Paid leave Unpaid leave Total Primary Caregiver Primary Caregivers 16 weeks Up to 36 weeks 52 weeks Long Term Casual Employee 0 Up to 52 weeks 52 weeks Secondary Caregiver Secondary 4 weeks Up to 48 weeks Caregivers Secondary Caregiver takes over An additional Up to 36 weeks 52 weeks the primary responsibility for the 12 weeks care of the Child within first 78 weeks from birth Long Term Casual Employee 0 Up to 52 weeks 52 weeks (b) The entitlements summarised in the table below apply on the commencement of the Agreement. Paid leave Unpaid leave Total Pre-natal leave Pregnant Employee 38 hours Spouse 7.6 hours Pre-adoption leave Employees who plan 2 days to adopt Permanent Care Leave Carers 16 weeks Up to 36 weeks 52 weeks Grandparent Leave Grandparent Leave 0 Up to 52 weeks 52 weeks 45.4 Parental Leave - Primary Caregiver (a) An Eligible 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 parental leave, comprising: (i) 16 weeks paid parental leave; and ESSSuper Enterprise Agreement 2020-2023 Page 49 of 74




 



(ii) up to 36 weeks unpaid parental leave. 

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

(c) 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: 

(i) if their Spouse is, or will be, the Primary Caregiver at the time of the birth or adoption of their 
Child , or 

(ii) if their Spouse has received, or will receive, paid parental leave, primary caregiver 
entitlements, or a similar entitlement, from their employer; or 

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

45.5 Parental Leave - Secondary Caregiver 

(a) An Eligible 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 parental leave, comprising: 

(i) 4 weeks paid parental leave; and 

(ii) 12 weeks Additional paid Secondary Caregiver parental leave, subject to the conditions in 
clause 45.6, and 

(iii) unpaid parental leave to bring the total available paid and unpaid leave to 52 weeks . 

(b) An Eligible Employee who will be the Secondary Caregiver at the time of the birth or adoption of their 
Child, or a Long Term Casual Employee is entitled to up to 52 weeks unpaid parental leave. 

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

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

45.6 Additional leave for Secondary Caregiver 

(a) A Secondary Caregiver is entitled to up to an additional 12 weeks' paid leave with in the first 78 weeks 
of the date of birth or adoption of the Child provided that: 

(i) the Secondary Caregiver assumes primary responsibility for the care of a Child, by meeting 
the Child's physical needs more than anyone else; and 

(ii) the Secondary Caregiver's spouse is not concurrently taking primary responsibility for the 
care of the Child or receiving paid parental leave, primary caregiver entitlements or a similar 
entitlement from their employer. 

(b) To access additional paid leave, the Employee must have been eligible for paid Secondary Caregiver 
leave at the time of birth or adoption of their Child, irrespective of when the Employee elects to take 
the paid leave under this clause. 

45. 7 Pre-natal Leave 

(a) A pregnant Employee will have access to paid leave totalling up to 38 hours per pregnancy to enable 
the Employee to attend routine medical appointments associated with the pregnancy. 

(b) An Employee who has a Spouse who is pregnant will have access to paid leave totalling up to 7.6 
hours per pregnancy to enable the Employee to attend routine medical appointments associated with 
the pregnancy. 

ESSSuper Enterprise Agreement 2020-2023 Page 50 of 74 


(ii) up to 36 weeks unpaid parental leave. (b) An Eligible Employee who will be the Primary Caregiver at the time of the birth or adoption of their Child, or a Long Term Casual Employee, is entitled to up to 52 weeks unpaid parental leave. (c) 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: (i) if their Spouse is, or will be, the Primary Caregiver at the time of the birth or adoption of their Child, or (ii) if their Spouse has received, or will receive, paid parental leave, primary caregiver entitlements, or a similar entitlement, from their employer; or (iii) if the Employee has received, or will receive, Secondary Caregiver parental leave entitlements in relation to their Child. 45.5 Parental Leave - Secondary Caregiver (a) An Eligible 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 parental leave, comprising: (i) 4 weeks paid parental leave; and (ii) 12 weeks Additional paid Secondary Caregiver parental leave, subject to the conditions in clause 45,6, and (iii) unpaid parental leave to bring the total available paid and unpaid leave to 52 weeks. (b) An Eligible Employee who will be the Secondary Caregiver at the time of the birth or adoption of their Child, or a Long Term Casual Employee is entitled to up to 52 weeks unpaid parental leave. (c) Only one parent can receive Secondary Caregiver parental leave entitlements in respect to the birth or adoption of their Child. (d) An Employee cannot receive Secondary Caregiver parental leave entitlements where the Employee has received Primary Caregiver parental leave entitlements in relation to their Child. 45.6 Additional leave for Secondary Caregiver (a) A Secondary Caregiver is entitled to up to an additional 12 weeks' paid leave within the first 78 weeks of the date of birth or adoption of the Child provided that: (i) the Secondary Caregiver assumes primary responsibility for the care of a Child, by meeting the Child's physical needs more than anyone else, and (ii) the Secondary Caregiver's spouse is not concurrently taking primary responsibility for the care of the Child or receiving paid parental leave, primary caregiver entitlements or a similar entitlement from their employer. (b) To access additional paid leave, the Employee must have been eligible for paid Secondary Caregiver leave at the time of birth or adoption of their Child, irrespective of when the Employee elects to take the paid leave under this clause 45.7 Pre-natal Leave (a) A pregnant Employee will have access to paid leave totalling up to 38 hours per pregnancy to enable the Employee to attend routine medical appointments associated with the pregnancy. (b) An Employee who has a Spouse who is pregnant will have access to paid leave totalling up to 7.6 hours per pregnancy to enable the Employee to attend routine medical appointments associated with the pregnancy. ESSSuper Enterprise Agreement 2020-2023 Page 50 6/ 74




 



(c) The Employee is required to provide a medical certificate from a registered medical practitioner 
confirming that the Employee or their Spouse is pregnant. Each absence on pre-natal leave must 
also be covered by a medical certificate. 

(d) ESSSuper should be flexible enough to allow the Employee the ability to leave work and return on 
the same day. 

(e) Paid pre-natal leave is not available to casual Employees. 

45.8 Pre-adoption Leave 

(a) An Employee seeking to adopt a Child is entitled to two days paid leave for the purpose of attending 
any compulsory interviews or examinations as are necessary as part of the adoption procedure. 

(b) An Employee seeking to adopt a Child may also access further unpaid leave. The Employee and 
ESSSuper should agree on the length of any unpaid leave. Where agreement cannot be reached, the 
Employee is entitled to take up to two days unpaid leave. 

(c) Where accrued paid leave is available to the Employee, ESSSuper may require the Employee to 
take such leave instead of taking unpaid leave under this sub- clause. 

(d) ESSSuper may require the Employee to provide satisfactory evidence supporting the leave. 

(e) ESSSuper should be flexible enough to allow the Employee the ability to leave work and return on 
the same day. 

(f) Paid pre-adoption leave is not available to casual Employees. 

45.9 Permanent Care Leave 

An Employee will be entitled to access parental leave in accordance with this clause at a time agreed 
with ESSSuper if they: 

(a) are granted a permanent care order in relation to the custody or guardianship of a Child pursuant to 
the Children, Youth and Families Act 2005 (Vic) (or any successor to the legislation) or a permanent 
parenting order by the Family Court of Australia, and 

(b) will be the Primary or Secondary Caregiver for that Child. 

45.1 0 Grand parent Leave 

An Employee, who is or will be the Primary Caregiver of a grandchild, is entitled to a period of up to 
52 weeks' continuous unpaid grandparent leave in respect of the birth or adoption of the grandchild 
of the Employee. 

45.11 Access to parental leave for an Employee whose child is born by a surrogate 

An Employee whose Child is born through a surrogacy arrangement which complies with Part 4 of the 
Assisted Reproductive Treatment Act 2008 (Vic) (or successor instrument), is eligible to access the 
parental leave entitlements outlined in clause 46. 

45.12 Continuing to work while pregnant 

(a) ESSSuper may require a pregnant Employee to provide a medical certificate stating that the 
Employee is fit to work their normal duties where the Employee 

(i) continues to work within a six week period immediately prior to the expected date of 
birth of the Child; or 

(ii) is on paid leave under clause 45.14(b ). 

(b) ESSSuper may require the Employee to start parental leave if the Employee: 

(i) does not give ESSSuper the requested certificate within seven days of the request; 

ESSSuper Enterprise Agreement 2020-2023 Page 51 of 74 


(c) The Employee is required to provide a medical certificate from a registered medical practitioner confirming that the Employee or their Spouse is pregnant. Each absence on pre-natal leave must also be covered by a medical certificate. (d) ESSSuper should be flexible enough to allow the Employee the ability to leave work and return on the same day. (e) Paid pre-natal leave is not available to casual Employees. 45.8 Pre-adoption Leave (a) An Employee seeking to adopt a Child is entitled to two days paid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. (b) An Employee seeking to adopt a Child may also access further unpaid leave. The Employee and ESSSuper should agree on the length of any unpaid leave. Where agreement cannot be reached, the Employee is entitled to take up to two days unpaid leave. (c) Where accrued paid leave is available to the Employee, ESSSuper may require the Employee to take such leave instead of taking unpaid leave under this sub- clause. (d) ESSSuper may require the Employee to provide satisfactory evidence supporting the leave. (e) ESSSuper should be flexible enough to allow the Employee the ability to leave work and return on the same day. (f) Paid pre-adoption leave is not available to casual Employees. 45.9 Permanent Care Leave An Employee will be entitled to access parental leave in accordance with this clause at a time agreed with ESSSuper if they: (a) are granted a permanent care order in relation to the custody or guardianship of a Child pursuant to the Children, Youth and Families Act 2005 (Vic) (or any successor to the legislation) or a permanent parenting order by the Family Court of Australia, and (b) will be the Primary or Secondary Caregiver for that Child. 45.10 Grandparent Leave An Employee, who is or will be the Primary Caregiver of a grandchild, is entitled to a period of up to 52 weeks' continuous unpaid grandparent leave in respect of the birth or adoption of the grandchild of the Employee. 45.11 Access to parental leave for an Employee whose child is born by a surrogate An Employee whose Child is born through a surrogacy arrangement which complies with Part 4 of the Assisted Reproductive Treatment Act 2008 (Vic) (or successor instrument), is eligible to access the parental leave entitlements outlined in clause 46. 45.12 Continuing to work while pregnant (a) ESSSuper may require a pregnant Employee to provide a medical certificate stating that the Employee is fit to work their normal duties where the Employee (i) continues to work within a six week period immediately prior to the expected date of birth of the Child; or (ii) is on paid leave under clause 45.14(b). (b) ESSSuper may require the Employee to start parental leave if the Employee: (i) does not give ESSSuper the requested certificate within seven days of the request; ESSSuper Enterprise Agreement 2020-2023 Page 61 of 74




 



or 

(ii) gives ESSSuper a medical certificate stating that the Employee is unfit to work. 

45.13 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 42. 

45.14 Transfer to a Safe Job 

(a) 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, if 
ESSSuper deems it practicable, 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. 

{b) If ESSSuper does not think it to be reasonably practicable to transfer the Employee to a safe job, the 
Employee may take No Safe Job Paid Leave, or ESSSuper may require the Employee to take no safe 
job paid leave immediately for a period which ends at the earliest of either: 

(i) 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 

(ii) 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. 

(c) The entitlement to No Safe Job Paid Leave is in addition to any other leave entitlement the Employee 
has. 

45.15 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: 

(a) 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 42; 

(b) 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 45.3 and thereafter, to unpaid special maternity leave. 

45.16 Notice and evidence requirements 

(a) 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: 

(i) that the Employee will become either the Primary Caregiver or Secondary Caregiver of the 
Child, as appropriate; and 

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

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

ESSSuper Enterprise Agreement 2020-2023 Page 52 of 74 


or (ii) gives ESSSuper a medical certificate stating that the Employee is unfit to work. 45.13 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 42. 45.14 Transfer to a Safe Job (a) 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, if ESSSuper deems it practicable, 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. (b) If ESSSuper does not think it to be reasonably practicable to transfer the Employee to a safe job, the Employee may take No Safe Job Paid Leave, or ESSSuper may require the Employee to take no safe job paid leave immediately for a period which ends at the earliest of either: (i) 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 (ii) 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. (c) The entitlement to No Safe Job Paid Leave is in addition to any other leave entitlement the Employee has. 45.15 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: (a) 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 42; (b) 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 45.3 and thereafter, to unpaid special maternity leave. 45.16 Notice and evidence requirements (a) 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: (i) that the Employee will become either the Primary Caregiver or Secondary Caregiver of the Child, as appropriate; and (ii) the particulars of any parental leave taken or proposed to be taken or applied for by the Employee's Spouse; and (iii) that for the period of parental leave the Employee will not engage in any conduct inconsistent with their contract of employment. ESSSuper Enterprise Agreement 2020-2023 Page 62 of 14




 



(b) 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 ESSSuper of any 
changes to the notice provided in clause 45.16(a), unless it is not practicable to do so. 

(c) ESSSuper may require the Employee to provide evidence which would satisfy a reasonable person 
of: 

(i) for 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 

(ii) for 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. 

(d) An Employee will not be in breach of this clause if failure to give the stipulated notice is occasioned 
by confinement or the 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. 

45.17 Commencement of parental leave 

(a) An Employee who is pregnant may commence Primary Caregiver parental leave at any time within 
16 weeks prior to the expected date of birth of the Child. In all other cases, Primary Caregiver parental 
leave commences on the day of birth or placement of the Child . 

(b) Secondary Caregiver parental leave may commence up to one week prior to the expected birth or 
placement of the Child. Where a Secondary Caregiver takes additional paid leave in accordance with 
clause 45.6, the additional leave will commence on the date the Employee takes on primary 
responsibility for the care of a Child. 

(c) ESSSuper and Employee may agree to alternative arrangements regarding the commencement of 
parental leave. 

(d) The period of parental leave for the purpose of calculating an Employee's maximum entitlement to 
paid and unpaid parental leave will commence from the date parental leave commences or otherwise 
no later than the date of birth of the Child, irrespective of when the Employee elects to use any paid 
entitlements they may have under this clause. 

45.18 Rules for taking parental leave entitlements 

(a) Parental leave is to be available to only one parent at a time, except parents may take up to eight 
weeks leave concurrently with each other, comprising any paid leave to which the Employee may be 
eligible for under clause 45.3 or unpaid, in connection with the birth or adoption of their Child 
(Concurrent Leave). 

(i) 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. 

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

(b) While an Employee's eligibility for parental leave is determined at the time of birth or adoption of the 
Child, the Employee and ESSSuper may agree to permit the Employee to use the paid leave 
entitlements outlined in this clause at any time within the first 52 weeks of parental leave, or where 
an extension is granted under clause 45.23(b), within the first 78 weeks where clause 45.6 is invoked 
or otherwise the first 104 weeks. 

(c) Parental leave does not need to be taken in a single continuous period. ESSSuper and Employee 
will agree on the duration of each block of parental leave. ESSSuper will consider their operational 
requirements and the Employee's personal and family circumstances in considering requests for 
parental leave in more than one continuous period. Approval of such requests will not be 
unreasonably refused. 

ESSSuper Enterprise Agreement 2020-2023 Page 53 of 74 


(b) 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 ESSSuper of any changes to the notice provided in clause 45.16(a), unless it is not practicable to do so. (c) ESSSuper may require the Employee to provide evidence which would satisfy a reasonable person of: (i) for 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 (11) for 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. (d) An Employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement or the 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. 45.17 Commencement of parental leave (a) An Employee who is pregnant may commence Primary Caregiver parental leave at any time within 16 weeks prior to the expected date of birth of the Child. In all other cases, Primary Caregiver parental leave commences on the day of birth or placement of the Child. (b) Secondary Caregiver parental leave may commence up to one week prior to the expected birth or placement of the Child. Where a Secondary Caregiver takes additional paid leave in accordance with clause 45.6, the additional leave will commence on the date the Employee takes on primary responsibility for the care of a Child. (c) ESSSuper and Employee may agree to alternative arrangements regarding the commencement of parental leave. (d) The period of parental leave for the purpose of calculating an Employee's maximum entitlement to paid and unpaid parental leave will commence from the date parental leave commences or otherwise no later than the date of birth of the Child, irrespective of when the Employee elects to use any paid entitlements they may have under this clause. 45.18 Rules for taking parental leave entitlements (a) Parental leave is to be available to only one parent at a time, except parents may take up to eight weeks leave concurrently with each other, comprising any paid leave to which the Employee may be eligible for under clause 45.3 or unpaid, in connection with the birth or adoption of their Child (Concurrent Leave). (i) 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. (ii) Concurrent leave can be taken in separate periods, but each block of concurrent leave must not be less than 2 weeks, unless ESSSuper otherwise agrees. (b) While an Employee's eligibility for parental leave is determined at the time of birth or adoption of the Child, the Employee and ESSSuper may agree to permit the Employee to use the paid leave entitlements outlined in this clause at any time within the first 52 weeks of parental leave, or where an extension is granted under clause 45,23(b), within the first 78 weeks where clause 45,6 is invoked or otherwise the first 104 weeks. (c) Parental leave does not need to be taken in a single continuous period. ESSSuper and Employee will agree on the duration of each block of parental leave. ESSSuper will consider their operational requirements and the Employee's personal and family circumstances in considering requests for parental leave in more than one continuous period. Approval of such requests will not be unreasonably refused. ESSSuper Enterprise Agreement 2020-2027 Page 52 of 74




 



45.19 Using other accrued leave in conjunction with Parental Leave 

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 45.23(b). 

45.20 Public holiday during a period of paid parental leave 

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 ESSSuper will grant the Employee a day off in lieu, to 
be taken by the Employee immediately following the period of paid parental leave. 

45.21 Effect of unpaid parental leave on an Employee's continuity of employment 

Other than provided for in clause 50 (Long Service Leave), unpaid parental leave under clauses 45.4, 
45.5, 45.23 and 45.29 shall not break an Employee's continuity of employment but it will not count as 
service for leave accrual or other purposes. 

45.22 Keeping in touch days 

(a) During a period of parental leave, ESSSuper 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. 

(b) Keeping in touch days must be agreed and be in accordance with section 79A of the FW Act. 

45.23 Extending parental leave 

(a) Extending the period of parental leave where the initial period of parental leave is less than 52 weeks 

(i) An Employee, who is on an initial period of parental leave of less than 52 weeks under 
clauses 45.4 or 45.5, may extend the period of their parental leave on one occasion up to 
the full 52 week entitlement. 

(ii) The Employee must notify ESSSuper 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. 

(b) Right to request an extension to parental leave beyond the initial 52-week period to a maximum of 
104 weeks 

(i) An Employee who is on parental leave under clause 45.4 or 45.5 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. 

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

(iii) The Employee's request must be in writing and given to ESSSuper 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 . 

(iv) ESSSuper 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. 

(v) ESSSuper must not refuse the request unless ESSSuper has given the Employee a 
reasonable opportunity to discuss the request. 

ESSSuper Enterprise Agreement 2020-2023 Page 54 of74 


45.19 Using other accrued leave in conjunction with Parental Leave 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 45.23(b). 45.20 Public holiday during a period of paid parental leave 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 ESSSuper will grant the Employee a day off in lieu, to be taken by the Employee immediately following the period of paid parental leave. 45.21 Effect of unpaid parental leave on an Employee's continuity of employment Other than provided for in clause 50 (Long Service Leave), unpaid parental leave under clauses 45.4, 45.5, 45.23 and 45.29 shall not break an Employee's continuity of employment but it will not count as service for leave accrual or other purposes. 45.22 Keeping in touch days (a) During a period of parental leave, ESSSuper 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. (b) Keeping in touch days must be agreed and be in accordance with section 79A of the FW Act. 45.23 Extending parental leave (a) Extending the period of parental leave where the initial period of parental leave is less than 52 weeks (1) An Employee, who is on an initial period of parental leave of less than 52 weeks under clauses 45.4 or 45.5, may extend the period of their parental leave on one occasion up to the full 52 week entitlement. (ii) The Employee must notify ESSSuper 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. (b) Right to request an extension to parental leave beyond the initial 52-week period to a maximum of 104 weeks (i) An Employee who is on parental leave under clause 45.4 or 45.5 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. (ii) In the case of an Employee who is a member of a couple, the period of the extension cannot exceed 12 months, less any period of parental leave that the other member of the couple will have taken in relation to the Child. (iii) The Employee's request must be in writing and given to ESSSuper 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. (iv) ESSSuper 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. (v) ESSSuper must not refuse the request unless ESSSuper has given the Employee a reasonable opportunity to discuss the request. ESSSuper Enterprise Agroumunt 2020-2023 Page 54 6F 7/




 



(vi) ESSSuper 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. 

(c) Total period of parental leave 

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

(e) In the case of a couple, the total period of parental leave for both parents combined, including any 
extensions, must not extend beyond 24 months. The Employee's entitlement to parental leave under 
clause 45.4 or 45.5 will reduce by the period of any extension taken by a member of the couple under 
clause 45.23. 

45.24 Calculation of pay for the purposes of parental leave 

(a) The calculation of weekly pay for paid parental leave purposes will be based on the Employee's 
average number of ordinary hours over the past three years from the proposed commencement date 
of parental leave (Averaging Period). 

(b) Where an Employee has less than three years of service the Averaging Period will be their total 
period of service in the VPS, if applicable. 

(c) The calculation will exclude any of the following periods which fall during the Averaging Period: 

(i) periods of unpaid parental leave, and 

(ii) any time worked at a reduced time fraction in order to better cope during pregnancy, and 

(iii) authorised unpaid leave for an unforeseen reason beyond the Employee's control, and 

(iv) time worked at a reduced time fraction on returning to work after a period of parental leave 
under clause 45.28(c). 

(d) For the purposes of clause 45.24(c)(iii), an 'unforeseen reason beyond the Employee's control' may 
include, for example, a personal illness or injury suffered by the Employee, or the care or support of 
an ill or injured Immediate Family or household member by the Employee. But would not include 
leave taken for lifestyle or personal reasons, career breaks or leave to undertake other employment. 

(e) The average number of weekly hours, determined in accordance with clause 45.24(a) 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. 

45.25 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 . 

45.26 Employer Superannuation contributions in respect of Primary Caregiver Parental Leave 

An Employee who returns to work at the conclusion of a period of Primary Caregiver Parental Leave 
will be entitled to have superannuation contributions made in respect of the period of the Employee's 
Primary Caregiver Parental Leave, subject to requirements in clause 30 (Superannuation). 

45.27 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. 

ESSSuper Enterprise Agreement 2020-2023 Page 55 of 74 


(vi) ESSSuper 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. (c) Total period of parental leave (d) The total period of parental leave, including any extensions, must not extend beyond 24 months. (e) In the case of a couple, the total period of parental leave for both parents combined, including any extensions, must not extend beyond 24 months. The Employee's entitlement to parental leave under clause 45.4 or 45.5 will reduce by the period of any extension taken by a member of the couple under clause 45.23. 45.24 Calculation of pay for the purposes of parental leave (a) The calculation of weekly pay for paid parental leave purposes will be based on the Employee's average number of ordinary hours over the past three years from the proposed commencement date of parental leave (Averaging Period). (b) Where an Employee has less than three years of service the Averaging Period will be their total period of service in the VPS, if applicable. (c) The calculation will exclude any of the following periods which fall during the Averaging Period: (i) periods of unpaid parental leave, and (ii) any time worked at a reduced time fraction in order to better cope during pregnancy, and (iii) authorised unpaid leave for an unforeseen reason beyond the Employee's control, and (iv) time worked at a reduced time fraction on returning to work after a period of parental leave under clause 45.28(c). (d) For the purposes of clause 45.24(c)(iii), an 'unforeseen reason beyond the Employee's control' may include, for example, a personal illness or injury suffered by the Employee, or the care or support of an ill or injured Immediate Family or household member by the Employee. But would not include leave taken for lifestyle or personal reasons, career breaks or leave to undertake other employment. (e) The average number of weekly hours, determined in accordance with clause 45.24(a) 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. 45.25 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. 45.26 Employer Superannuation contributions in respect of Primary Caregiver Parental Leave An Employee who returns to work at the conclusion of a period of Primary Caregiver Parental Leave will be entitled to have superannuation contributions made in respect of the period of the Employee's Primary Caregiver Parental Leave, subject to requirements in clause 30 (Superannuation). 45.27 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. ESSSuper Enterprise Agreement 2020/2023 Page 65 of M.




 



45.28 Returning to work 

(a) Returning to work early 

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

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

(b) Returning to work at conclusion of leave 

(i) At least four weeks prior to the expiration of parental leave, the Employee will notify 
ESSSuper of their return to work after a period of parental leave. 

(ii) Subject to clause 45.28(b)(iii), 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 45.14 above, the Employee will be entitled to return to the 
position they held immediately before such transfer. 

(iii) 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. 

(c) Returning to work at a reduced time fraction 

(i) 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. 

(ii) Where an Employee wishes to make a request under clause 45.28(c)(i) 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. 

45.29 Lactation breaks 

(a) Employees cannot be discriminated against for breastfeeding or chestfeeding or expressing milk in 
the workplace. 

(b) An Employee who wishes to continue breastfeeding or chestfeeding after returning to work from a 
period of parental leave or keeping in touch days, may take reasonable time during working hours 
without loss of pay to do so. 

(c) Paid lactation breaks are in addition to normal meal and rest breaks provided for in this Agreement. 

45.30 Consultation and communication during Parental Leave 

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

(i) 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 

(ii) 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. 

ESSSuper Enterprise Agreement 2020-2023 Page 56 of74 


45.28 Returning to work (a) Returning to work early (i) During the period of parental leave an Employee may return to work at any time as agreed between ESSSuper and the Employee, provided that time does not exceed four weeks from the recommencement date desired by the Employee. (ii) In the case of adoption, where the placement of an eligible Child with an Employee does not proceed or continue, the Employee will notify ESSSuper immediately and ESSSuper will nominate a time not exceeding four weeks from receipt of notification for the Employee's return to work. (b) Returning to work at conclusion of leave (i) At least four weeks prior to the expiration of parental leave, the Employee will notify ESSSuper of their return to work after a period of parental leave. (ii) Subject to clause 45.28(b)(iii), 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 45.14 above, the Employee will be entitled to return to the position they held immediately before such transfer. (iii) 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. (c) Returning to work at a reduced time fraction (i) 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. (ii) Where an Employee wishes to make a request under clause 45.28(c)(i) 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. 45.29 Lactation breaks (a) Employees cannot be discriminated against for breastfeeding or chestfeeding or expressing milk in the workplace (b) An Employee who wishes to continue breastfeeding or chestfeeding after returning to work from a period of parental leave or keeping in touch days, may take reasonable time during working hours without loss of pay to do so. (c) Paid lactation breaks are in addition to normal meal and rest breaks provided for in this Agreement. 45.30 Consultation and communication during Parental Leave (a) Where an Employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, ESSSuper shall takereasonable steps to: (i) 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 (ii) 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. ESSSuper Enterprise Agreement 2020-2023 Page 56 of 7




 



(b) The Employee shall take reasonable steps to inform ESSSuper 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. 

(c) The Employee shall also notify ESSSuper of changes of address or other contact details which might 
affect ESSSuper's capacity to comply with clause 45.30(a). 

45.31 Extended Family Leave 

(a) 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 take in 
accordance with this clause. The total amount of leave, inclusive of parental leave taken in 
accordance with this clause cannot exceed seven years from the commencement date of parental 
leave. 

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

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

(d) Upon return to work ESSSuper may reallocate the Employee to other duties. 

45.32 Replacement Employees 

(a) 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. 

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

(c) The limitation in clause 15.8 on the use of fixed term employment to replace the Employee does not 
apply in this case. 

45.33 Casual Employees 

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

46 SURROGACY LEAVE 

46.1 Entitlement to leave 

An Employee (excluding a Casual Employee) who enters into a formal surrogacy arrangement on or 
after the commencement of this Agreement, which complies with Part 4 of the Assisted Reproductive 
Treatment Act 2008 (Vic), as the surrogate, is entitled to access the following leave entitlements: 

(a) Pre-Natal leave in accordance with clause 45.7 of the Agreement, and 

(b) six weeks of paid leave. 

46.2 Continuing to work while pregnant 

(a) A pregnant Employee acting as the surrogate as part of a formal surrogacy arrangement wanting to 
work during the six weeks before the birth may be asked to provide a medical certificate stating they 
are fit for work and whether there are any risks in connection to their duties. 

(b) An Employee who fails to provide a requested medical certificate within seven days or provides one 
which states they are unfit for work may be required to commence surrogacy leave. 

ESSSuper Enterprise Agreement 2020-2023 Page 57of74 


(b) The Employee shall take reasonable steps to inform ESSSuper 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. (c) The Employee shall also notify ESSSuper of changes of address or other contact details which might affect ESSSuper's capacity to comply with clause 45.30(a). 45.31 Extended Family Leave (a) 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 take in accordance with this clause. The total amount of leave, inclusive of parental leave taken in accordance with this clause cannot exceed seven years from the commencement date of parental leave. (b) The Employee must make an application for Extended Family Leave each year. (c) An Employee will not be entitled to paid parental leave whilst on Extended Family leave. (d) Upon return to work ESSSuper may reallocate the Employee to other duties. 45.32 Replacement Employees (a) 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. (b) Before ESSSuper engages a replacement Employee ESSSuper must inform that person of the temporary nature of the employment and of the rights of the Employee who is being replaced. (c) The limitation in clause 15.8 on the use of fixed term employment to replace the Employee does not apply in this case. 45.33 Casual Employees ESSSuper must not fail to re-engage a casual Employee because the Employee has accessed parental leave in accordance with this clause. The rights of ESSSuper in relation to engagement and re- engagement of casual Employees are not affected, other than in accordance with this clause. 46 SURROGACY LEAVE 46.1 Entitlement to leave An Employee (excluding a Casual Employee) who enters into a formal surrogacy arrangement on or after the commencement of this Agreement, which complies with Part 4 of the Assisted Reproductive Treatment Act 2008 (Vic), as the surrogate, is entitled to access the following leave entitlements: (a) Pre-Natal leave in accordance with clause 45.7 of the Agreement, and (b) six weeks of paid leave. 46.2 Continuing to work while pregnant (a) A pregnant Employee acting as the surrogate as part of a formal surrogacy arrangement wanting to work during the six weeks before the birth may be asked to provide a medical certificate stating they are fit for work and whether there are any risks in connection to their duties. (b) An Employee who fails to provide a requested medical certificate within seven days or provides one which states they are unfit for work may be required to commence surrogacy leave. ESSSuper Entarpose Agreement 2020-2029 Page 57 of




 



46.3 Transfer to safe job 

(a) If an Employee provides a medical certificate stating they are fit for work but it is inadvisable for the 
Employee to continue in their present duties because of risks or illness the Employee is entitled to 
be transferred to an appropriate safe job that has the same, or other agreed ordinary hours of work 
with no other changes to the Employee's terms and conditions. 

(b) If no appropriate safe job is available the Employee is entitled to take paid or unpaid (if not eligible 
for parental leave) 'No Safe Job Leave'. 

46.4 Commencement of Surrogacy Leave 

(a) An Employee who is pregnant as a result of acting as a surrogate may commence paid Surrogacy 
Leave at any time within 6 weeks prior to the expected date of birth of the Child . Otherwise the period 
of parental leave must commence no later than the date of birth of the Child, unless agreed with 
ESSSuper. 

(b) Unless otherwise agreed, any entitlement to paid surrogacy leave will be paid from the date of 
commencement of Surrogacy Leave. 

46.5 Surrogacy Leave and other entitlements 

An Employee may access, in conjunction with Surrogacy Leave, any other paid or unpaid entitlements 
available under this Agreement with the approval of ESSSuper. 

46.6 Personal / Carer's Leave 

A pregnant Employee, not then on Surrogacy 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 42. 

46.7 Special Surrogacy Leave 

(a) Where the pregnancy of an Employee not then on parental leave terminates other than by the birth 
of a living child, the Employee may take leave for such periods as a registered medical practitioner 
certifies as necessary, as follows : 

(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 42; 

(ii) where the pregnancy terminates after the completion of 20 weeks, during the certified 
period/s the Employee is entitled to paid special surrogacy leave not exceeding the amount 
of paid surrogacy leave available under this clause 46.1 . 

46.8 Public Holidays during a period of paid surrogacy leave 

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

46.9 Notice and Evidentiary Requirements 

(a) An Employee must provide 10 weeks' written notice to ESSSuper of their intention to take Surrogacy 
Leave. The notification should include a Statutory Declaration which specifies: 

(i) the intended start and end dates of the leave, and 

(ii) if known, any other leave the Employee seeks approval to take in conjunction with their 
Surrogacy Leave, and 

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46.3 Transfer to safe job (a) If an Employee provides a medical certificate stating they are fit for work but it is inadvisable for the Employee to continue in their present duties because of risks or illness the Employee is entitled to be transferred to an appropriate safe job that has the same, or other agreed ordinary hours of work with no other changes to the Employee's terms and conditions. (b) If no appropriate safe job is available the Employee is entitled to take paid or unpaid (if not eligible for parental leave) 'No Safe Job Leave' 46.4 Commencement of Surrogacy Leave (a) An Employee who is pregnant as a result of acting as a surrogate may commence paid Surrogacy Leave at any time within 6 weeks prior to the expected date of birth of the Child. Otherwise the period of parental leave must commence no later than the date of birth of the Child, unless agreed with ESSSuper. (b) Unless otherwise agreed, any entitlement to paid surrogacy leave will be paid from the date of commencement of Surrogacy Leave 46.5 Surrogacy Leave and other entitlements An Employee may access, in conjunction with Surrogacy Leave, any other paid or unpaid entitlements available under this Agreement with the approval of ESSSuper. 46.6 Personal / Carer's Leave A pregnant Employee, not then on Surrogacy 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 42. 46.7 Special Surrogacy Leave (a) Where the pregnancy of an Employee not then on parental leave terminates other than by the birth of a living child, the Employee may take leave for such periods as a registered medical practitioner certifies as necessary, as follows: (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 42; (ii) where the pregnancy terminates after the completion of 20 weeks, during the certified period/s the Employee is entitled to paid special surrogacy leave not exceeding the amount of paid surrogacy leave available under this clause 46.1. 46.8 Public Holidays during a period of paid surrogacy leave Where a Public Holiday occurs during a period of paid surrogacy leave, the Public Holiday is not to be regarded as part of the paid surrogacy leave and ESSSuper will grant the Employee a day off in lieu, to be taken by the Employee immediately following the period of paid surrogacy leave. 46.9 Notice and Evidentiary Requirements (a) An Employee must provide 10 weeks' written notice to ESSSuper of their intention to take Surrogacy Leave. The notification should include a Statutory Declaration which specifies: (i) the intended start and end dates of the leave, and (ii) if known, any other leave the Employee seeks approval to take in conjunction with their Surrogacy Leave, and ES8Super Enterprise Agreement 2020-2028 Puye 58 of74




 



(iii) for the period of surrogacy leave the Employee will not engage in any conduct inconsistent 
with their contract of employment. 

(b) ESSSuper may also require the Employee to provide documentary evidence confirming: 

(i) the expected date of birth of the Child, and 

(ii) the formal surrogacy arrangement, which complies with Part 4 of the 

(iii) Assisted Reproductive Treatment Act 2008 (Vic). 

(c) The Employee must confirm these details at least 4 weeks prior to the commencement of the 
proposed period of Surrogacy leave. 

47 CONDITIONAL LEAVE 

47.1 Employees will be entitled to one day of paid conditional leave (not subject to leave loading) to be taken on 
one of the business days which falls between Christmas day and New Year's day if ESSSuper meets an 
organisational performance target. The organisational performance target will be determined annually by 
ESSSuper's executive team . 

47.2 In the event that ESSSuper requires an Employee to work on an approved conditional leave day, the 
Employee will be entitled to a substitute day to be taken in lieu, which is to be taken no later than the Australia 
Day public holiday. 

47.3 This benefit is not applicable to casual Employees. 

48 SPECIAL LEAVE 

48.1 In addition to the conditional day provided under clause 47, Employees who are not in an accrued flexitime 
arrangement under clause 32.4 will be entitled to one day of paid special leave (not subject to leave loading) 
as consolidated time in lieu. This benefit is not applicable to casual Employees. This consolidated time in 
lieu leave day must be taken on one of the business days that fall between Christmas and New Year's Day. 

49 RELIGIOUS, CULTURAL AND CEREMONIAL LEAVE 

49.1 Employees are able to request annual leave to attend religious, cultural and ceremonial matters relevant to 
their personal circumstances. 

49.2 This leave will be taken from an Employee's annual leave entitlement, or as otherwise agreed between 
ESSSuper and the Employee. 

49.3 An Employee of Aboriginal or Torres Strait Islander descent is entitled to one additional day of paid leave per 
year to participate in National Aboriginal and Islander Day Observance Committee (NAIDOC) week activities 
and events. 

49.4 NAIDOC week leave will not accrued from year to year and will not be paid out on termination of the 
employment of the Employee. 

49.5 ESSSuper may grant an Employee of Aboriginal or Torres Strait Islander descent with leave to attend 
Aboriginal community meetings during working hours in line with clauses 49.1 and 49.2. 

50 LONG SERVICE LEAVE 

50.1 Basic Entitlement and accrual 

(a) Long service leave is paid leave accrued during Continuous Employment. 

(b) Employees accrue long service leave based on the number of ordinary hours worked. Part-time 
Employees accrue long service leave on a pro rata basis. Casual Employees are entitled to accrue 
long service leave as provided for in this clause. 

(c) The basic entitlement for each 10 years' full-time Continuous Employment is set out in the table 
below. 

ESSSuper Enterprise Agreement 2020-2023 Page 59 of74 


(iii) for the period of surrogacy leave the Employee will not engage in any conduct inconsistent with their contract of employment. (b) ESSSuper may also require the Employee to provide documentary evidence confirming: (i) the expected date of birth of the Child, and (ii) the formal surrogacy arrangement, which complies with Part 4 of the (iii) Assisted Reproductive Treatment Act 2008 (Vic). (c) The Employee must confirm these details at least 4 weeks prior to the commencement of the proposed period of Surrogacy leave. 47 CONDITIONAL LEAVE 47.1 Employees will be entitled to one day of paid conditional leave (not subject to leave loading) to be taken on one of the business days which falls between Christmas day and New Year's day if ESSSuper meets an organisational performance target. The organisational performance target will be determined annually by ESSSuper's executive team. 47.2 In the event that ESSSuper requires an Employee to work on an approved conditional leave day, the Employee will be entitled to a substitute day to be taken in lieu, which is to be taken no later than the Australia Day public holiday, 47.3 This benefit is not applicable to casual Employees. 48 SPECIAL LEAVE 48.1 In addition to the conditional day provided under clause 47, Employees who are not in an accrued flexi time arrangement under clause 32.4 will be entitled to one day of paid special leave (not subject to leave loading) as consolidated time in lieu. This benefit is not applicable to casual Employees. This consolidated time in lieu leave day must be taken on one of the business days that fall between Christmas and New Year's Day. 49 RELIGIOUS, CULTURAL AND CEREMONIAL LEAVE 49.1 Employees are able to request annual leave to attend religious, cultural and ceremonial matters relevant to their personal circumstances. 49.2 This leave will be taken from an Employee's annual leave entitlement, or as otherwise agreed between ESSSuper and the Employee. 49.3 An Employee of Aboriginal or Torres Strait Islander descent is entitled to one additional day of paid leave per year to participate in National Aboriginal and Islander Day Observance Committee (NAIDOC) week activities and events. 49.4 NAIDOC week leave will not accrued from year to year and will not be paid out on termination of the employment of the Employee. 49.5 ESSSuper may grant an Employee of Aboriginal or Torres Strait Islander descent with leave to attend Aboriginal community meetings during working hours in line with clauses 49.1 and 49.2. 50 LONG SERVICE LEAVE 50.1 Basic Entitlement and accrual (a) Long service leave is paid leave accrued during Continuous Employment. (b) Employees accrue long service leave based on the number of ordinary hours worked. Part-time Employees accrue long service leave on a pro rata basis. Casual Employees are entitled to accrue long service leave as provided for in this clause. (c) The basic entitlement for each 10 years' full-time Continuous Employment is set out in the table below. ESSSuper Enterprise Agreement 2020-2023 Page 59 of 74




 



Long Service Leave entitlements 

Entitlement after 10 years full Approximate leave 
time continuous employment accrual per hour 

Employee whose ordinary hours of 495.6967 hours (3 months) 0.0250 hours per hour 
work average 76 hours per fortnight 

50.2 When can Long Service Leave be accessed 

(a) An Employee is entitled to take long service leave on a pro-rata basis after seven years of Continuous 
Employment, and at any time after that in accordance with clause 50.3. 

(b) An Employee with seven or more years of Continuous Employment is entitled to be paid out any 
unused long service leave accrual on the date their employment ends. 

(c) Despite clause 50.2(b) an Employee with four or more years of Continuous Employment is entitled 
to be paid out any unused long service leave accrual if: 

(i) on account of age or ill health the Employee retires or is retired; or 

(ii) the employment of the Employee is terminated for any reason except for serious misconduct 
or resignation ; or 

(iii) the Employee dies. 

50.3 Taking Long Service Leave 

(a) Long service leave will be taken at a time convenient to the needs of ESSSuper and Employee. 

(b) An Employee and ESSSuper may agree that the whole or any part of their entitlement is paid 

(i) at the current time fraction they work, or 

(ii) at a different time fraction to that currently worked. 

(c) Long service leave may be taken for any period of not less than 1 day. 

(d) A Public Holiday falling within a period of approved long service leave is not regarded as part of the 
long service leave. An Employee is entitled to take and be paid for a public holiday falling within a 
period of approved long service leave. 

(e) On return from leave, the Employee will revert to the time fraction they worked immediately prior to 
going on leave, unless otherwise agreed by ESSSuper and the Employee. 

50.4 Payment while on Long Service Leave 

(a) While on long service leave ESSSuper will continue to pay the Employee using the same method 
and frequency as if the Employee was not on long service leave. 

(b) Payment to an Employee for or in lieu of long service leave includes: 

(i) Salary, and 

(ii) salary maintenance if the Employee is receiving salary maintenance; and 

(iii) any additional payment payable for a temporary assignment where the assignment has 
continued for a period of at least twelve months before the commencement of the leave; and 

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Long Service Leave entitlements Entitlement after 10 years full Approximate leave time continuous employment accrual per hour Employee whose ordinary hours of 495.6967 hours (3 months) 0.0250 hours per hour work average 76 hours per fortnight 50.2 When can Long Service Leave be accessed (a) An Employee is entitled to take long service leave on a pro-rata basis after seven years of Continuous Employment, and at any time after that in accordance with clause 50.3. (b) An Employee with seven or more years of Continuous Employment is entitled to be paid out any unused long service leave accrual on the date their employment ends. (c) Despite clause 50.2(b) an Employee with four or more years of Continuous Employment is entitled to be paid out any unused long service leave accrual if: (i) on account of age or ill health the Employee retires or is retired; or (ii) the employment of the Employee is terminated for any reason except for serious misconduct or resignation; or (iii) the Employee dies. 50.3 Taking Long Service Leave (a) Long service leave will be taken at a time convenient to the needs of ESSSuper and Employee. (b) An Employee and ESSSuper may agree that the whole or any part of their entitlement is paid (i) at the current time fraction they work, or (ii) at a different time fraction to that currently worked. (c) Long service leave may be taken for any period of not less than 1 day. (d) A Public Holiday falling within a period of approved long service leave is not regarded as part of the long service leave. An Employee is entitled to take and be paid for a public holiday falling within a period of approved long service leave. (e) On return from leave, the Employee will revert to the time fraction they worked immediately prior to going on leave, unless otherwise agreed by ESSSuper and the Employee, 50.4 Payment while on Long Service Leave (a) While on long service leave ESSSuper will continue to pay the Employee using the same method and frequency as if the Employee was not on long service leave. (b) Payment to an Employee for or in lieu of long service leave includes: (i) Salary, and (ii) salary maintenance if the Employee is receiving salary maintenance; and (iii) any additional payment payable for a temporary assignment where the assignment has continued for a period of at least twelve months before the commencement of the leave; and ESSSuper Enterprise Agreement 2020-2023 Page 60 6/ 78




 



(iv) any annual allowance payable to the Employee which ESSSuper determines should be 
included, except (if relevant): 

(A) any payment of overtime, commuted overtime or Shift Work allowances; and 

(8) any travelling or transport allowance; and 

(C) any allowance which is a reimbursement of an expenditure. 

50.5 Period of continuous employment in which Long Service Leave accrues 

Long service leave continues to accrue during the following absences from work: 

(a) an absence on paid leave; 

(b) from the commencement of this Agreement an absence after birth or adoption of a child (other than 
in the case of a casual Employee) on unpaid parental leave which, in combination with any period of 
paid parental leave, totals 52 weeks or less; 

(c) an absence of 52 weeks or less when the Employee is in receipt of weekly payments of compensation 
under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) or any predecessor; 

(d) an absence of 52 weeks or less during which a pension under section 83A(1) of State 
Superannuation Act 1988 (VIC) (or similar provision applying to Employees of a declared authority) 
was paid; or 

(e) an absence on unpaid leave for which ESSSuper expressly authorises long service leave to accrue. 

50.6 Periods of continuous employment in which Long Service Leave does not accrue 

(a) Long service leave does not accrue for the following periods: 

(i) a gap between engagements of a Casual Employee of less than three months; or 

(ii) an absence on unpaid leave, other than as provided for in clause 50.5; or 

(iii) an absence from duty in excess of 12 months when the Employee was in receipt of weekly 
payments of compensation under the Workplace Injury Rehabilitation and Compensation Act 
2013 (Vic) or any corresponding previous enactment; or 

(iv) a period of service which followed the date on which a pension under the State 
Superannuation Act 1988 (Vic) (or similar provision applying to Employees on the staff of a 
declared authority) became payable by reason of retirement on the ground of disability. 

(b) The periods at clause 50.6(a) do not break Continuous Employment, and may be periods of 
recognised service for the purposes of long service leave. 

50.7 Absences which break continuous employment 

Continuous Employment will be broken by the following: 

(a) any gap between engagements in Continuous Employment by a Casual Employee of more than 
three months; or 

(b) any absence from employment due to the dismissal of the Employee for disciplinary reasons; or 

(c) receipt of a Voluntary Departure Package from any Victorian Public Sector employer; or 

(d) any gap or break in service or absence not provided for in clause 50.5 or clause 50.6 or clause 50.8. 

ESSSuper Enterprise Agreement 2020-2023 Page 61 of 74 


(iv) any annual allowance payable to the Employee which ESSSuper determines should be included, except (if relevant): (A) any payment of overtime, commuted overtime or Shift Work allowances; and (B) any travelling or transport allowance; and (C) any allowance which is a reimbursement of an expenditure. 50.5 Period of continuous employment in which Long Service Leave accrues Long service leave continues to accrue during the following absences from work: (a) an absence on paid leave; (b) from the commencement of this Agreement an absence after birth or adoption of a child (other than in the case of a casual Employee) on unpaid parental leave which, in combination with any period of paid parental leave, totals 52 weeks or less; (c) an absence of 52 weeks or less when the Employee is in receipt of weekly payments of compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) or any predecessor; (d) an absence of 52 weeks or less during which a pension under section 83A(1) of State Superannuation Act 1988 (VIC) (or similar provision applying to Employees of a declared authority) was paid; or (e) an absence on unpaid leave for which ESSSuper expressly authorises long service leave to accrue. 50.6 Periods of continuous employment in which Long Service Leave does not accrue (a) Long service leave does not accrue for the following periods: (1) a gap between engagements of a Casual Employee of less than three months; or (ii) an absence on unpaid leave, other than as provided for in clause 50.5; or (iii) an absence from duty in excess of 12 months when the Employee was in receipt of weekly payments of compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) or any corresponding previous enactment; or (iv) a period of service which followed the date on which a pension under the State Superannuation Act. 1988 (Vic) (or similar provision applying to Employees on the staff of a declared authority) became payable by reason of retirement on the ground of disability. (b) The periods at clause 50,6(a) do not break Continuous Employment, and may be periods of recognised service for the purposes of long service leave. 50.7 Absences which break continuous employment Continuous Employment will be broken by the following: (a) any gap between engagements in Continuous Employment by a Casual Employee of more than three months; or (b) any absence from employment due to the dismissal of the Employee for disciplinary reasons; or (c) receipt of a Voluntary Departure Package from any Victorian Public Sector employer; or (d) any gap or break in service or absence not provided for in clause 50.5 or clause 50.6 or clause 50.8. ESSSuper Enterprise Agreement 7020 8087 Page (loiFA




 



50.8 Previous employment which counts towards continuous employment 

(a) Service in previous employment in the VPS or any employer referred to in clause 

(b) Despite clause 50.9 counts towards Continuous Employment where the service concluded within 12 
months of the commencement or re-commencement of employment in the VPS. 

(c) Despite clause 50.8(a), service in previous employment in the VPS or with any employer referred to 
in clause 50.9 counts towards Continuous Employment where: 

(i) the service concluded within three years of retirement occasioned by disability, or 

(ii) the service concluded within two years of the commencement of employment in the VPS and 
ESSSuper considers special circumstances exist. 

(d} An Employee is not entitled to long service leave (or payment for long service leave): 

(i) for a period of service for which the Employee was entitled to receive long service leave (or 
payment for long service leave) from a different employer or for previous employment; or 

(ii) where the Employee has received long service leave (or a payment in respect of long service 
leave) from a different employer or for previous employment. 

(e) Clause 50.8(c) does not apply if funds have been transferred to ESSSuper to cover long service 
leave. 

(f) Clauses 50.6 and 50.7 apply to service in previous employment. 

50.9 Service with other employers that counts towards continuous employment 

(a) The following service will be recognised as Continuous Employment in ESSSuper for the purposes 
of long service leave: 

(i) any service with a State, Commonwealth or Territory of Australia Government Department 
or Public Service authority; or 

(ii) any service with a public entity under the PAA; or 

(iii) any service with a local government authority that is established by or under a law of Victoria. 

(b) In addition, ESSSuper may recognise service with 

(i) a public sector authority; or 

(ii) a local governing authority of the Commonwealth, a State other than Victoria or a Territory of 
Australia 

(c) For the purposes of clause 50.9(a) and 50.9(b) authority means an authority, whether incorporated 
or not, that is constituted : 

(i) by or under a law of a State, the Commonwealth or a Territory of Australia ; and 

(ii) for a public purpose. 

(d) Where an Employee believes they have service with other employers which should be counted 
towards Continuous Employment, the Employee should make application to ESSSuper seeking this 
service be counted towards the Employee's period of Continuous Employment within six months of 
an Employee's starting date with ESSSuper. ESSSuper will take reasonable steps within this period 
to ascertain from the Employee whether the Employee has prior service. 

(e) Clauses 50.6, 50.?and 50.8 apply to service in previous employment. 

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50.8 Previous employment which counts towards continuous employment (a) Service in previous employment in the VPS or any employer referred to in clause (b) Despite clause 50.9 counts towards Continuous Employment where the service concluded within 12 months of the commencement or re-commencement of employment in the VPS. (c) Despite clause 50.8(a), service in previous employment in the VPS or with any employer referred to in clause 50.9 counts towards Continuous Employment where: (i) the service concluded within three years of retirement occasioned by disability, or (ii) the service concluded within two years of the commencement of employment in the VPS and ESSSuper considers special circumstances exist. (d) An Employee is not entitled to long service leave (or payment for long service leave): (i) for a period of service for which the Employee was entitled to receive long service leave (or payment for long service leave) from a different employer or for previous employment; or (ii) where the Employee has received long service leave (or a payment in respect of long service leave) from a different employer or for previous employment. (e) Clause 50.8(c) does not apply if funds have been transferred to ESSSuper to cover long service leave. (f) Clauses 50.6 and 50.7 apply to service in previous employment. 50.9 Service with other employers that counts towards continuous employment (a) The following service will be recognised as Continuous Employment in ESSSuper for the purposes of long service leave: (i) any service with a State, Commonwealth or Territory of Australia Government Department or Public Service authority; or (ii) any service with a public entity under the PAA; or (iii) any service with a local government authority that is established by or under a law of Victoria. (b) In addition, ESSSuper may recognise service with (i) a public sector authority; or (ii) a local governing authority of the Commonwealth, a State other than Victoria or a Territory of Australia (c) For the purposes of clause 50.9(a) and 50.9(b) authority means an authority, whether incorporated or not, that is constituted: (i) by or under a law of a State, the Commonwealth or a Territory of Australia; and (ii) for a public purpose. (d) Where an Employee believes they have service with other employers which should be counted towards Continuous Employment, the Employee should make application to ESSSuper seeking this service be counted towards the Employee's period of Continuous Employment within six months of an Employee's starting date with ESSSuper. ESSSuper will take reasonable steps within this period to ascertain from the Employee whether the Employee has prior service. (e) Clauses 50.6, 50.7and 50.8 apply to service in previous employment. ESSSuper Enlerpose Agreement 2020-2023 Page 82 of 74




 



51 COMMUNITY VOLUNTEERING LEAVE 

51.1 ESSSuper supports and promotes the value of Employees participating in and contributing to the 
communities that they are part of. 

51.2 Employees may take one day of paid leave each calendar year to engage in a community volunteering 
activity, subject to the following criteria: 

(a) the volunteering activity is to be undertaken with one of ESSSuper's approved community partners, 
or with another community organisation that is endorsed by ESSSuper at the time the leave is 
applied for; and 

(b) ESSSuper will recognise community organisations that are aligned to ESSSuper's values and 
mission. ESSSuper will not endorse activities or organisations that present a potential for conflict 
of interest or reputational risk, for example fundraising for a political party. 

51.3 Community volunteering leave is not cumulative and cannot be accrued from year to year. 

51.4 An Employee must provide their Manager prior notification of their intention to take community volunteering 
leave. The Manager will approve this leave subject to operational requirements. 

51.5 Part-time Employees are eligible to take a full day of community volunteering leave each year, i.e. this leave 
is not pro-rated. 

51.6 Casual Employees are not eligible for community volunteering leave. 

52 LEAVE FOR BLOOD DONATIONS 

Leave may be granted to an Employee without loss of pay to visit the Red Cross Blood Bank as a donor 
once every 12 weeks. 

53 LEAVE TO ENGAGE IN EMERGENCY SERVICES ACTIVITIES 

53.1 An Employee is entitled to take leave to engage in community service activities as defined in the FW Act, 
including but not limited to voluntary emergency relief work for the Country Fire Authority, Red Cross, State 
Emergency Service and St John Ambulance. The Employee may be released from normal duty without loss 
of pay where an emergency situation arises that requires the attendance of the Employee. This includes 
release from duty for reasonable travel time and reasonable rest time following the emergency situation. 
Leave will only be granted provided that release for volunteer activities is reasonable in all the circumstances 
and that satisfactory evidence is provided of the Employee's bona fide involvement in the emergency activity. 

53.2 An Employee is entitled to be released from normal duty in respect of reasonable travel time associated with 
the Employee's attendance at the emergency situation and for reasonable rest time following the emergency 
situation. 

53.3 An Employee who is required to attain qualifications or to requalify to perform activities in an emergency relief 
organisation may be granted leave with pay for the period of time required to fulfil the requirements of the 
training course pertaining to those qualifications, provided that such training can be undertaken without 
unduly affecting the operations of the Employer. 

53.4 Leave granted under this clause (53) shall be included as service for the purpose of recreation, sick leave 
and long service leave. 

54 LEAVE FOR JURY SERVICE OR COURT ATTENDANCE 

54.1 An Employee, other than a casual Employee, required under the Juries Act 2000 (Vic) to appear and serve 
as a juror in any court will be entitled to be granted leave with pay for the period of required attendance at 
court and reasonable travel time, and reasonable rest time following the activity if applicable; and will not be 
required to pay ESSSuper any fees received from the court for serving as a juror. To obtain approval for 
leave under this clause 54.1 a leave application must be supported by a notification that the Employee is 
required to attend and any other satisfactory evidence as required by ESSSuper. 

54.2 An Employee summonsed to attend as a witness before the FWC with respect to any matters pertaining to 
this Agreement will be granted leave without loss of pay for the period of the required attendance. 

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51 COMMUNITY VOLUNTEERING LEAVE 51.1 ESSSuper supports and promotes the value of Employees participating in and contributing to the communities that they are part of. 51.2 Employees may take one day of paid leave each calendar year to engage in a community volunteering activity, subject to the following criteria: (a) the volunteering activity is to be undertaken with one of ESSSuper's approved community partners, or with another community organisation that is endorsed by ESSSuper at the time the leave is applied for; and (b) ESSSuper will recognise community organisations that are aligned to ESSSuper's values and mission. ESSSuper will not endorse activities or organisations that present a potential for conflict of interest or reputational risk, for example fundraising for a political party. 51.3 Community volunteering leave is not cumulative and cannot be accrued from year to year. 51.4 An Employee must provide their Manager prior notification of their intention to take community volunteering leave. The Manager will approve this leave subject to operational requirements. 51.5 Part-time Employees are eligible to take a full day of community volunteering leave each year, i.e. this leave is not pro-rated. 51.6 Casual Employees are not eligible for community volunteering leave. 52 LEAVE FOR BLOOD DONATIONS Leave may be granted to an Employee without loss of pay to visit the Red Cross Blood Bank as a donor once every 12 weeks. 53 LEAVE TO ENGAGE IN EMERGENCY SERVICES ACTIVITIES 53. An Employee is entitled to take leave to engage in community service activities as defined in the FW Act, including but not limited to voluntary emergency relief work for the Country Fire Authority, Red Cross, State Emergency Service and St John Ambulance. The Employee may be released from normal duty without loss of pay where an emergency situation arises that requires the attendance of the Employee. This includes release from duty for reasonable travel time and reasonable rest time following the emergency situation. Leave will only be granted provided that release for volunteer activities is reasonable in all the circumstances and that satisfactory evidence is provided of the Employee's bona fide involvement in the emergency activity. 53.2 An Employee is entitled to be released from normal duty in respect of reasonable travel time associated with the Employee's attendance at the emergency situation and for reasonable rest time following the emergency situation. 53.3 An Employee who is required to attain qualifications or to requalify to perform activities in an emergency relief organisation may be granted leave with pay for the period of time required to fulfil the requirements of the training course pertaining to those qualifications, provided that such training can be undertaken without unduly affecting the operations of the Employer. 53.4 Leave granted under this clause (53) shall be included as service for the purpose of recreation, sick leave and long service leave. 54 LEAVE FOR JURY SERVICE OR COURT ATTENDANCE 54.1 An Employee, other than a casual Employee, required under the Juries Act 2000 (Vic) to appear and serve as a juror in any court will be entitled to be granted leave with pay for the period of required attendance at court and reasonable travel time, and reasonable rest time following the activity if applicable; and will not be required to pay ESSSuper any fees received from the court for serving as a juror. To obtain approval for leave under this clause 54.1 a leave application must be supported by a notification that the Employee is required to attend and any other satisfactory evidence as required by ESSSuper. 54.2 An Employee summonsed to attend as a witness before the FWC with respect to any matters pertaining to this Agreement will be granted leave without loss of pay for the period of the required attendance. ESSSuper Enterprise Agreement 2020-2023 Page 03 of 74




 



54.3 An Employee summonsed to appear in court as a crown witness, or required and/or granted leave to attend 
in an official capacity, as a consequence of or in connection with their employment, to give evidence or to 
produce papers in any court, will be granted leave without loss of pay for the period of required attendance. 
Fees received for the performance of official duty will be paid to ESSSuper. To obtain approval for leave 
under this clause 54.3 a leave application must be supported by a notification that the Employee is 
summonsed to attend. 

54.4 Leave granted under this clause 54 will be included as service for the purpose of annual leave, 
personal/carers leave and long service leave. 

55 SPORTING PARTICIPATION LEAVE 

55.1 Leave with pay up to a maximum of two weeks in any two calendar year period may be granted to an 
Employee to participate either as a competitor or an official in any non-professional state, national or 
international sporting event. 

55.2 The length of absence from work and travel arrangements for participation in sporting events must be agreed 
with the Employer in advance before leave may be granted. 

56 DEFENCE RESERVE LEAVE 

56.1 Leave may be granted for Defence Reserve service up to a maximum period of 78 weeks' and is to be taken 
in one continuous period. 

56.2 The Employee will consult with ESSSuper regarding the proposed timing of the service and will give 
ESSSuper as much notice as is possible of the time when the service will take place. 

56.3 Where the base salary excluding allowances received by the Employee from the Australian Defence Force 
in respect of Defence Reserve service during their ordinary hours of work is below the Employee's Salary, 
ESSSuper will, unless exceptional circumstances arise, pay to the Employee make-up pay for the period of 
Defence Reserve service. 

57 MILITARY SERVICE SICK LEAVE 

57.1 Where ESSSuper is satisfied that an illness of an Employee with at least six months continuous paid service, 
other than a casual Employee, is directly attributable to, or is aggravated by, service recognised under the 
Veterans' Entitlements Act 1986 (Cth), the Employee will be credited with 15 days special leave with pay for 
each year of service with ESSSuper from the conclusion of the Employee's operational, peacekeeping or 
hazardous service. 

57.2 Service recognised under the Veterans' Entitlements Act 1986 (Cth) includes: 

(a) operational service; or 

(b) peacekeeping service; or 

(c) hazardous service. 

57.3 Leave under this clause will be cumulative to a maximum of 760 hours. 

57.4 This leave is in addition to personal/carer's leave under clause 42. 

57.5 ESSSuper may require the Employee to provide evidence of the existence of the illness and its relationship 
to service specified above from a registered medical practitioner. 

57.6 For each period of special leave taken, the Employee must satisfy the same documentary evidence 
requirements as specified in clause 42.9. 

58 LEAVE TO ATTEND REHABILITATION PROGRAM 

58.1 An Employee, other than a casual Employee, may be granted leave with or without pay to undertake an 
approved rehabilitation program where ESSSuper is satisfied that: 

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54.3 An Employee summonsed to appear in court as a crown witness, or required and/or granted leave to attend in an official capacity, as a consequence of or in connection with their employment, to give evidence or to produce papers in any court, will be granted leave without loss of pay for the period of required attendance. Fees received for the performance of official duty will be paid to ESSSuper. To obtain approval for leave under this clause 54.3 a leave application must be supported by a notification that the Employee is summonsed to attend. 54.4 Leave granted under this clause 54 will be included as service for the purpose of annual leave, personal/carers leave and long service leave. 55 SPORTING PARTICIPATION LEAVE 55.1 Leave with pay up to a maximum of two weeks in any two calendar year period may be granted to an Employee to participate either as a competitor or an official in any non-professional state, national or international sporting event. 55.2 The length of absence from work and travel arrangements for participation in sporting events must be agreed with the Employer in advance before leave may be granted. 56 DEFENCE RESERVE LEAVE 56.1 Leave may be granted for Defence Reserve service up to a maximum period of 78 weeks' and is to be taken in one continuous period. 56.2 The Employee will consult with ESSSuper regarding the proposed timing of the service and will give ESSSuper as much notice as is possible of the time when the service will take place. 56.3 Where the base salary excluding allowances received by the Employee from the Australian Defence Force in respect of Defence Reserve service during their ordinary hours of work is below the Employee's Salary, ESSSuper will, unless exceptional circumstances arise, pay to the Employee make-up pay for the period of Defence Reserve service. 57 MILITARY SERVICE SICK LEAVE 57.1 Where ESSSuper is satisfied that an illness of an Employee with at least six months continuous paid service, other than a casual Employee, is directly attributable to, or is aggravated by, service recognised under the Veterans' Entitlements Act 1986 (Cth), the Employee will be credited with 15 days special leave with pay for each year of service with ESSSuper from the conclusion of the Employee's operational, peacekeeping or hazardous service. 57.2 Service recognised under the Veterans' Entitlements Act 1986 (Cth) includes: (a) operational service; or (b) peacekeeping service; or (c) hazardous service. 57.3 Leave under this clause will be cumulative to a maximum of 760 hours. 57.4 This leave is in addition to personal/carer's leave under clause 42. 57.5 ESSSuper may require the Employee to provide evidence of the existence of the illness and its relationship to service specified above from a registered medical practitioner. 57.6 For each period of special leave taken, the Employee must satisfy the same documentary evidence requirements as specified in clause 42.9. 58 LEAVE TO ATTEND REHABILITATION PROGRAM 58.1 An Employee, other than a casual Employee, may be granted leave with or without pay to undertake an approved rehabilitation program where ESSSuper is satisfied that: ESSSuper Enterprise Agreement 2020-2023 Page 64 of 71




 



(a) the Employee's work performance is adversely affected by the misuse of drugs or alcohol; 

(b) the Employee is prepared to undertake a course of treatment designed for the rehabilitation of 
persons with alcohol or drug misuse problems; and 

(c) a Registered Practitioner has certified that in his or her opinion the Employee is in need of assistance 
because of their misuse of alcohol or drugs and that the Employee is suitable for an approved 
rehabilitation program. 

58.2 On production of proof of attendance at an approved rehabilitation program, an Employee may be granted 
leave as follows: 

(a) 

(b) 

an Employee who has completed two years' continuous or aggregate service and who has exhausted 
all other accrued leave entitlements may be granted leave with pay up to the maximum number of 
days as specified below: 

REHABILITATION PROGRAM 

Years of service First year of program Subsequent years 

2 years 20 days 15 days 

3 years 27 days 20 days 

4 years 33 days 25 days 

)r more years 40 days 30 days 

An Employee who has completed less than two years continuous or aggregate service may be 
granted leave without pay for the purposes of attending an approved rehabilitation program. 

59 STUDY LEAVE 

59.1 ESSSuper may grant paid leave to an Employee to acquire a qualification and/or to undertake an accredited 
course of study provided by an educational institution. 

59.2 In considering whether to grant study leave, ESSSuper will consider matters such as the relevance of the 
proposed study to the Employee's employment, alignment to organisational goals and the reasonable 
operational requirements of ESSSuper. 

59.3 An Employee may be granted up to five hours paid leave per week to travel to and attend lectures and/or 
tutorials. 

59.4 An Employee may be granted up to five days paid leave per calendar year for the purpose of preparing for 
examinations or written practical work, and sufficient paid leave to attend examinations. 

59.5 ESSSuper may reimburse part or all of the fees paid by the Employee for the course of study. 

59.6 ESSSuper may, after a minimum period of twelve months, revoke any study leave granted if the Employee's 
progress is deemed to be unsatisfactory. 

60 DISCRETIONARY LEAVE 

60.1 ESSSuper may at its discretion and in accordance with relevant policy guidelines issued by ESSSuper, grant 
an Employee leave with or without pay in addition to that provided for elsewhere in this Agreement. 

ESSSuper Enterprise Agreement 2020-2023 Page 65 of74 


(a) the Employee's work performance is adversely affected by the misuse of drugs or alcohol; (b) the Employee is prepared to undertake a course of treatment designed for the rehabilitation of persons with alcohol or drug misuse problems; and (c) a Registered Practitioner has certified that in his or her opinion the Employee is in need of assistance because of their misuse of alcohol or drugs and that the Employee is suitable for an approved rehabilitation program. 58.2 On production of proof of attendance at an approved rehabilitation program, an Employee may be granted leave as follows: (a) an Employee who has completed two years' continuous or aggregate service and who has exhausted all other accrued leave entitlements may be granted leave with pay up to the maximum number of days as specified below: REHABILITATION PROGRAM Years of service First year of program Subsequent years 2 years 20 days 15 days 3 years 27 days 20 days 4 years 33 days 25 days br more years 40 days 30 days (b) An Employee who has completed less than two years continuous or aggregate service may be granted leave without pay for the purposes of attending an approved rehabilitation program. 59 STUDY LEAVE 59.1 ESSSuper may grant paid leave to an Employee to acquire a qualification and/or to undertake an accredited course of study provided by an educational institution. 59.2 In considering whether to grant study leave, ESSSuper will consider matters such as the relevance of the proposed study to the Employee's employment, alignment to organisational goals and the reasonable operational requirements of ESSSuper. 59.3 An Employee may be granted up to five hours paid leave per week to travel to and attend lectures and/or tutorials. 59.4 An Employee may be granted up to five days paid leave per calendar year for the purpose of preparing for examinations or written practical work, and sufficient paid leave to attend examinations. 59.5 ESSSuper may reimburse part or all of the fees paid by the Employee for the course of study. 59.6 ESSSuper may, after a minimum period of twelve months, revoke any study leave granted if the Employee's progress is deemed to be unsatisfactory. 60 DISCRETIONARY LEAVE 60.1 ESSSuper may at its discretion and in accordance with relevant policy guidelines issued by ESSSuper, grant an Employee leave with or without pay in addition to that provided for elsewhere in this Agreement. ES 6Super Erroranise Agreement BORG-2023.




 



PART 9 - OCCUPATIONAL HEALTH AND SAFETY 

61 ACCIDENT MAKE UP PAY 

61.1 Where an Employee is absent from duty as a result of sustaining a work-related injury in respect of which 
the Employee is entitled to weekly payments of compensation under applicable Victorian accident 
compensation legislation, the Employee will be entitled to accident make-up pay equivalent to their Salary 
less the amount of weekly compensation payments. 

61 .2 An Employee's entitlement to accident make-up pay will cease at the end of a period of 52 weeks, or an 
aggregate of 261 working days, or an aggregate of 1984 working hours or when employment ceases or when 
the benefits payable under applicable Victorian accident compensation legislation cease. 

61 .3 For the avoidance of doubt, the Employee may, with the consent of ESSSuper, take annual leave or long 
service leave whilst receiving accident make up pay. 

61.4 ESSSuper may grant an Employee leave without pay where an entitlement to accident make-up pay has 
ended. 

62 OCCUPATIONAL HEAL TH AND SAFETY 

62.1 This Agreement acknowledges and supports the rights of Employees to work in an environment which is, so 
far as is practicable, safe and without risks to health. 

62.2 This Agreement commits the Parties to improving health and safety with a view to improving workplace 
efficiency and productivity. This will be accomplished through the ongoing development, in consultation with 
Employees and their health and safety representatives, of management systems and procedures designed 
to, so far as is practicable: 

(a) identify, assess and control workplace hazards; 

(b) reduce the incidence and cost of occupational injury and illness; 

(c) identify and appropriately manage work and work practices which impact on OH&S; 

(d) provide a rehabilitation system for Employees affected by occupational injury or illness; and 

(e) consider the impact of changes to work practices and staffing on occupational health and safety. 

62.3 OH&S statutory requirements, including regulations and codes of practice/ compliance codes are minimum 
standards and will be improved upon where practicable. 

62.4 Workplace training programs, including induction and on-the-job training , will outline relevant details of OH&S 
policies and procedures . 

63 WORKLOAD 

63.1 ESSSuper acknowledges the benefits to both the organisation and Employees gained through Employees 
having a balance between both their professional and personal lives. 

63.2 ESSSuper recognises that the allocation of work must include consideration of an Employee's hours of work, 
health, safety and welfare. Work will be allocated so that there is not an allocation that routinely requires 
work to be undertaken beyond an Employee's ordinary hours of work. However, ESSSuper may require an 
Employee to work Overtime where: 

(a) Such work is unavoidable because of work demands and reasonable notice of the requirement to 
work Overtime is given by ESSSuper; or 

(b) Where, due to an emergency, it has not been possible to provide reasonable notice. 

63.3 When an Employee is required by ESSSuper to work Overtime the Employee must be compensated in 
accordance with the appropriate overtime arrangement per clause 35. 

ESSSuper Enterprise Agreement 2020-2023 Page 66 of74 


PART 9 - OCCUPATIONAL HEALTH AND SAFETY 61 ACCIDENT MAKE UP PAY 61.1 Where an Employee is absent from duty as a result of sustaining a work-related injury in respect of which the Employee is entitled to weekly payments of compensation under applicable Victorian accident compensation legislation, the Employee will be entitled to accident make-up pay equivalent to their Salary less the amount of weekly compensation payments. 61.2 An Employee's entitlement to accident make-up pay will cease at the end of a period of 52 weeks, or an aggregate of 261 working days, or an aggregate of 1984 working hours or when employment ceases or when the benefits payable under applicable Victorian accident compensation legislation cease. 61.3 For the avoidance of doubt, the Employee may, with the consent of ESSSuper, take annual leave or long service leave whilst receiving accident make up pay. 61.4 ESSSuper may grant an Employee leave without pay where an entitlement to accident make-up pay has ended. 62 OCCUPATIONAL HEALTH AND SAFETY 62.1 This Agreement acknowledges and supports the rights of Employees to work in an environment which is, so far as is practicable, safe and without risks to health. 62.2 This Agreement commits the Parties to improving health and safety with a view to improving workplace efficiency and productivity. This will be accomplished through the ongoing development, in consultation with Employees and their health and safety representatives, of management systems and procedures designed to, so far as is practicable; (a) identify, assess and control workplace hazards; (b) reduce the incidence and cost of occupational injury and illness; (c) identify and appropriately manage work and work practices which impact on OH&S; (d) provide a rehabilitation system for Employees affected by occupational injury or illness; and (e) consider the impact of changes to work practices and staffing on occupational health and safety. 62.3 OH&S statutory requirements, including regulations and codes of practice / compliance codes are minimum standards and will be improved upon where practicable. 62.4 Workplace training programs, including induction and on-the-job training, will outline relevant details of OH&S policies and procedures. 63 WORKLOAD 63.1 ESSSuper acknowledges the benefits to both the organisation and Employees gained through Employees having a balance between both their professional and personal lives. 63.2 ESSSuper recognises that the allocation of work must include consideration of an Employee's hours of work, health, safety and welfare. Work will be allocated so that there is not an allocation that routinely requires work to be undertaken beyond an Employee's ordinary hours of work. However, ESSSuper may require an Employee to work Overtime where: (a) Such work is unavoidable because of work demands and reasonable notice of the requirement to work Overtime is given by ESSSuper; or (b) Where, due to an emergency, it has not been possible to provide reasonable notice. 63.3 When an Employee is required by ESSSuper to work Overtime the Employee must be compensated in accordance with the appropriate overtime arrangement per clause 35. ESSSuper. Enterprise Agreementf 2020-2023 Page 66-0/ 74




 



63.4 Where an Employee or Employees believe that there is an unreasonable allocation of work leading to the 
relevant Employees being overloaded with work, the Employee or Employees can seek to have the allocation 
reviewed by ESSSuper to address the staff concerns. 

63.5 A review of work allocation will take into account relevant Employee/s' health and safety and wellbeing as 
well as any impacts on the Employee/s' personal and family responsibilities. 

64 INDUSTRIAL RELATIONS/ OH&S TRAINING 

64.1 In order to encourage cooperative workplace relations and facilitate the operation of this Agreement, an 
Employee who makes a request to ESSSuper to attend training in workplace relations , occupational health 
and safety, dispute resolution or grievance management may, with ESSSuper's approval, be granted up to 
five days paid leave in any one calendar year for attendance at such training, provided that the granting of 
such leave will not unduly affect ESSSuper's operational requirements. ESSSuper will not unreasonably 
refuse the granting of such training leave. 

64.2 An Employee may be granted paid leave under this clause in excess of five days and up to ten days in any 
one calendar year subject to the total leave being taken in that year and in the subsequent year not exceeding 
ten days. 

64.3 An Employee, upon being appointed as a health and safety representative, will be granted paid leave to 
undertake an appropriate introductory health and safety representative's course that is approved by the 
Victorian WorkCover Authority. 

64.4 Additional paid leave may be approved for health and safety representatives to attend training approved by 
the Victorian WorkCover Authority. 

ESSSuper Enterprise Agreement 2020-2023 Page 67 of 74 


63.4 Where an Employee or Employees believe that there is an unreasonable allocation of work leading to the relevant Employees being overloaded with work, the Employee or Employees can seek to have the allocation reviewed by ESSSuper to address the staff concerns. 63.5 A review of work allocation will take into account relevant Employee/s' health and safety and wellbeing as well as any impacts on the Employee/s' personal and family responsibilities. 64 INDUSTRIAL RELATIONS / OH&S TRAINING 64.1 In order to encourage cooperative workplace relations and facilitate the operation of this Agreement, an Employee who makes a request to ESSSuper to attend training in workplace relations, occupational health and safety, dispute resolution or grievance management may, with ESSSuper's approval, be granted up to five days paid leave in any one calendar year for attendance at such training, provided that the granting of such leave will not unduly affect ESSSuper's operational requirements. ESSSuper will not unreasonably refuse the granting of such training leave. 64.2 An Employee may be granted paid leave under this clause in excess of five days and up to ten days in any one calendar year subject to the total leave being taken in that year and in the subsequent year not exceeding ten days. 64.3 An Employee, upon being appointed as a health and safety representative, will be granted paid leave to undertake an appropriate introductory health and safety representative's course that is approved by the Victorian WorkCover Authority. 64.4 Additional paid leave may be approved for health and safety representatives to attend training approved by the Victorian WorkCover Authority. ESSSuper Enterpage Agreement 2020-2028




 



PART 10 - OTHER MATTERS 

65 RIGHT TO REPRESENTATION 

65.1 Employees are entitled to be represented by their nominated representative in relation to matters arising 
under this Agreement. 

65.2 An Employee may not be dismissed or injured in their employment, or have their employment altered to their 
prejudice, or be threatened with prejudicial or injurious treatment on the basis of their nomination as a 
nominated representative. 

65.3 Nominated representatives of Employees are entitled to: 

(a) post or distribute written or electronic material in the workplace relating to matters arising under this 
Agreement; and 

(b) reasonable time off from normal duties to enable them to properly carry out representative 
functions, including representing staff and participating in consultation activities or bargaining 
activities. Such time off will not unduly affect ESSSuper's operational requirements. 

66 UNION RELATED MATTERS 

66.1 An Employee may not be dismissed or injured in their employment, or have their employment altered to their 
prejudice, or be threatened with prejudicial or injurious treatment by reason of their membership of or 
participation in the lawful activities of a Union. 

66.2 Employees will be allowed reasonable access to electronic communication devices to facilitate 
communication between Employees and/or the Union, provided that such communication is not offensive or 
improper. 

66.3 Employees who are elected as a Union representative may be granted paid leave to carry out the role as an 
accredited representative, including attendance at the branch council or the Australian Council of Trade 
Unions' triennial conference. 

ESSSuper Enterprise Agreement 2020-2023 Page 68 of 74 


PART 10 - OTHER MATTERS 65 RIGHT TO REPRESENTATION 65.1 Employees are entitled to be represented by their nominated representative in relation to matters arising under this Agreement. 65.2 An Employee may not be dismissed or injured in their employment, or have their employment altered to their prejudice, or be threatened with prejudicial or injurious treatment on the basis of their nomination as a nominated representative. 65.3 Nominated representatives of Employees are entitled to: (a) post or distribute written or electronic material in the workplace relating to matters arising under this Agreement; and (b) reasonable time off from normal duties to enable them to properly carry out representative functions, including representing staff and participating in consultation activities or bargaining activities. Such time off will not unduly affect ESSSuper's operational requirements. 66 UNION RELATED MATTERS 66.1 An Employee may not be dismissed or injured in their employment, or have their employment altered to their prejudice, or be threatened with prejudicial or injurious treatment by reason of their membership of or participation in the lawful activities of a Union. 66.2 Employees will be allowed reasonable access to electronic communication devices to facilitate communication between Employees and/or the Union, provided that such communication is not offensive or improper. 66.3 Employees who are elected as a Union representative may be granted paid leave to carry out the role as an accredited representative, including attendance at the branch council or the Australian Council of Trade Unions' triennial conference. EssSuper Enterprise Agreement 2020-2023 Page DS of




 



ATTACHMENT A: Salary Range for Classification Bands 

SALARY RANGE 

15 June 2020 to 13 June 2021 

Classification Base of Band 
Level Salary 

ESS1 $50,696 

ESS2 $72,284 

ESS3 $94,179 

ESS4 $129,557 

Top of Band 
Salary 

$77,328 

$102,543 

$138,529 

$163,866 

Classification Level Employees Paid above Top of the ESS4 Band 

ESS4 2% based on the individual's base salary at 14 June 2020 

SALARY RANGE 

14 June 2021 to 12 June 2022 

Classification Base of Band Top of Band 
Level Salary Salary 

ESS1 $52,090 $79,454 

ESS2 $74,271 $105,363 

ESS3 $96,769 $142,339 

ESS4 $133,120 $168,372 

Classification Level Employees Paid above Top of the ESS4 Band 

ESS4 2% based on the individual's base salary at 13 June 2021 

SALARY RANGE 

13 June 2022 to 11 June 2023 

Classification Base of Band Top of Band 
Level Salary Salary 

ESS1 $53,392 $81,440 

ESS2 $76,128 $107,997 

ESS3 $99,188 $145,897 

ESS4 $136,448 $172,581 

Classification Level Employees Paid above Top of the ESS4 Band 

ESS4 2% based on the individual's base salary at 12 June 2022 

ESSSuper Enterprise Agreement 2020-2023 Page 69 of74 


ATTACHMENT A: Salary Range for Classification Bands SALARY RANGE 15 June 2020 to 13 June 2021 Classification Base of Band Top of Band Level Salary Salary ESS1 $50,696 $77,328 ESS2 $72,284 $102,543 ESS3 $94,179 $138,529 ESS4 $129,557 $163,866 Classification Level Employees Paid above Top of the ESS4 Band ESS4 2% based on the individual's base salary at 14 June 2020 SALARY RANGE 14 June 2021 to 12 June 2022 Classification Base of Band Top of Band Level Salary Salary ESS1 $52,090 $79,454 ESS2 $74,271 $105,363 ESS3 $96,769 $142,339 ESS4 $133,120 $168,372 Classification Level Employees Paid above Top of the ESS4 Band ESS4 2% based on the individual's base salary at 13 June 2021 SALARY RANGE 13 June 2022 to 11 June 2023 Classification Base of Band Top of Band Level Salary Salary ESS1 $53,392 $81,440 ESS2 $76,128 $107,997 ESS3 $99,188 $145,897 ESS4 $136,448 $172,581 Classification Level Employees Paid above Top of the ESS4 Band ESS4 2% based on the individual's base salary at 12 June 2022 ESSSuper Enterprise Agreement 2020-2023 Page 69 of 74




 



ATTACHMENT B: Positions and Classifications 

ESS1 (Work Value Points: 120 - 220) 

Typical Work Level Features 

!General 

ESS1 positions are primarily responsible for providing an effective and efficient service within ESSSuper. In some cases, 
positions at ESS1 may be involved in guiding and assisting more junior staff members. f kills/Qualifications 

ESS1 positions typically require general secondary to Year 12 education, together with several years' work experience. 

~

ome positions at this level have relevant vocational training such as a secretarial qualification. Clerical or administrative 
ositions may require extensive experience and may perform some supervisory functions. 

udgement/Decision Making 

Positions at ESS1 have several responsibilities which they carry out in conjunction with established procedures without 
Flose supervision. For some roles at this level there may be a number of methods and processes that can be utilised to 
~omplete the work. Incumbents have some discretion in establishing priorities provided the work is done within agreed 
imeframes. Problems at this level are typically rectified by following operational procedures/guidelines although 

pccasionally basic principles need to be applied, as the guidelines/rules may not cover every scenario. Some roles at this 
eve! may require interpretative skills in order to apply existing procedures and precedents to the work situation. 

Freedom to Act/Autonomy 

Most roles at ESS1 have the freedom to vary some tasks in the established work plan, while meeting required outcomes 
~nd standards. Some roles at this level may work to more specific instructions and provide a service that requires some 
r,xplanation. Other roles at this level may modify or enhance general operational practice within the existing policy 
ramework or operating procedures. 

ESSSuper Enterprise Agreement 2020-2023 

Typical Positions at ESS1 

Experienced clerical / secretarial staff 
Para-professionals 
Customer service roles 

Benchmark Positions 

Administration Assistant 
Superannuation Consultant 
Finance Officer 
Document Management Officer 

Page 70 of 74 


ATTACHMENT B: Positions and Classifications ESS1 (Work Value Points: 120 - 220) Typical Work Level Features Typical Positions at ESS1 General Experienced clerical / secretarial staff Para-professionals ESS1 positions are primarily responsible for providing an effective and efficient service within ESSSuper. In some cases, Customer service roles positions at ESS1 may be involved in guiding and assisting more junior staff members. Benchmark Positions Skills/Qualifications Administration Assistant ESS1 positions typically require general secondary to Year 12 education, together with several years' work experience. Superannuation Consultant Some positions at this level have relevant vocational training such as a secretarial qualification. Clerical or administrative Finance Officer positions may require extensive experience and may perform some supervisory functions. Document Management Officer Judgement/Decision Making Positions at ESS1 have several responsibilities which they carry out in conjunction with established procedures without close supervision. For some roles at this level there may be a number of methods and processes that can be utilised to complete the work. Incumbents have some discretion in establishing priorities provided the work is done within agreed timeframes. Problems at this level are typically rectified by following operational procedures/guidelines although occasionally basic principles need to be applied, as the guidelines/rules may not cover every scenario. Some roles at this level may require interpretative skills in order to apply existing procedures and precedents to the work situation. Freedom to Act/Autonomy Most roles at ESS1 have the freedom to vary some tasks in the established work plan, while meeting required outcomes and standards. Some roles at this level may work to more specific instructions and provide a service that requires some explanation. Other roles at this level may modify or enhance general operational practice within the existing policy framework or operating procedures. ESSSuper Enterprise Agreement 2020-2023 Page 70 of 74




 



ATTACHMENT B: Positions and Classifications 

ESS2 (Work Value Points: 221 - 340) 

Typical Work Level Features 

!General 

ESS 2 positions are primarily service roles which provide a specialised service to clients. These roles may co-ordinate 
ftaff within clear objectives and under relatively close supervision from management. 

Skills/Qualifications 

ESS2 roles generally require secondary education to Year 12 and/or tertiary qualifications, plus significant work experience 
land relevant specialist training, such as the Certificate of Superannuation Administration. Entry level professional roles 
!may require tertiary qualifications with limited work experience. Positions at this level require solid communications skills 
in order to obtain the co-operation of others. Specialist superannuation roles at this level would require well developed 

~

ommunication skills and knowledge within their specialist area in order to advise the public on the most appropriate 
ourse of action to meet their particular situation. 

udgement/Decision Making 

Positions at ESS2 typically operate within specific position objectives and interpret established work procedures, resolve 

~

perational and superannuation problems. However, ESS2 roles are strongly encouraged to show initiative in making 
uggestions to improve work processes or service levels and contribute to policy development. Modifying or developing 
ew work processes is not a significant element of work for roles at this level. 

Freedom to Act/Autonomy 

ESS2 positions have some independence in meeting operational goals and business plan targets. Positions at this level 
may resolve quite complex operational problems without reference to more senior staff. Some roles at this level may 
provide interpretative advice which is used to make decisions. 

ESSSuper Enterprise Agreement 2020-2023 

Typical Positions at ESS2 

Supervisory roles 
Experienced administrative roles 
Technical roles 
Lower level professional roles 

Benchmark Positions 

Assistant Accountant 
Senior Superannuation Consultant 
Senior Claims Officer 

Page 71 of 74 


ATTACHMENT B: Positions and Classifications ESS2 (Work Value Points: 221- 340) Typical Work Level Features Typical Positions at ESS2 General Supervisory roles Experienced administrative roles ESS 2 positions are primarily service roles which provide a specialised service to clients. These roles may co-ordinate Technical roles staff within clear objectives and under relatively close supervision from management. Lower level professional roles Skills/Qualifications Benchmark Positions ESS2 roles generally require secondary education to Year 12 and/or tertiary qualifications, plus significant work experience Assistant Accountant and relevant specialist training, such as the Certificate of Superannuation Administration. Entry level professional roles Senior Superannuation Consultant may require tertiary qualifications with limited work experience. Positions at this level require solid communications skills Senior Claims Officer in order to obtain the co-operation of others. Specialist superannuation roles at this level would require well developed communication skills and knowledge within their specialist area in order to advise the public on the most appropriate course of action to meet their particular situation. Judgement/Decision Making Positions at ESS2 typically operate within specific position objectives and interpret established work procedures, resolve operational and superannuation problems. However, ESS2 roles are strongly encouraged to show initiative in making suggestions to improve work processes or service levels and contribute to policy development. Modifying or developing new work processes is not a significant element of work for roles at this level. Freedom to Act/Autonomy ESS2 positions have some independence in meeting operational goals and business plan targets. Positions at this level may resolve quite complex operational problems without reference to more senior staff. Some roles at this level may provide interpretative advice which is used to make decisions. ESSSuper Enterprise Agreement 2020-202 Page 71 of 74




 



ATTACHMENT B: Positions and Classifications 

ESS3 (Work Value Points: 341 - 430) 

Typical Work Level Features 

:General 

ESS3 positions are likely to have staff management responsibilities and may be responsible for a technical/operations 
earn or specialist technical roles. f kills/Qualifications 

Roles at this level typically require tertiary qualifications and some roles may have postgraduate qualifications and 
ignificant work experience. Other roles may require a degree and several years' experience. Well-developed written and 
ral communication skills are required at this level in order to obtain the co-operation and assistance of others and resolve 
dministrative or operational issues across Divisions. Some roles at ESS3 may require particularly well developed 
ommunication skills in order to obtain commitment from others in the pursuit of business objectives. 

udgement/Decision Making 

Positions at ESS3 typically operate within a clearly defined job purpose through operational procedures, governing rules 
pf the funds (where applicable), industry policy and internal controls. There is some need for positions at this level to 
'lmodify or adapt work processes. For some positions at ESS3, the modifications and/or development of operational 
procedures or policies may be required on a regular basis. Positions at this level are likely to be engaged in frequent 
resolution of problems. Incumbents need to weigh alternative courses of actions and make recommendations, although 
hey are often guided by ESSSuper policies or prior experience, as the types of major problems tend to recur. 

Freedom to Act/Autonomy 

Positions at this level have a broad degree of autonomy in the day to day application of their roles. Positions at ESS3 
end to provide advice and recommendations which may be utilised by peers and/or senior management as part of the 

~

ecision making process regarding ESSSuper programs. Positions at this level are quite specialised in a particular area 
f expertise, such as accounting or information technology and may advise those with a broader understanding of the 
iscipline. At ESS3 level, positions typically provide advice which impacts the business unit within ESSSuper or the 
xternal client group. Positions at this level are individually accountable for the accuracy of the advice provided, and 
requently advise the "end user". 

ESSSuper Enterprise Agreement 2020-2023 

Typical Positions at ESS3 

Experienced professional roles, for example in IT or 
accounting 
Senior supervisory or management roles with 
significant staff management responsibilities 
Senior technical staff with substantial experience who 
provide a specialist service to ESSSuper. 

Benchmark Positions 

Member Education Consultant 
Senior Financial Accountant 
Senior Business Analyst 

Page 72 of 74 


ATTACHMENT B: Positions and Classifications ESS3 (Work Value Points: 341 - 430) Typical Work Level Features Typical Positions at ESS3 General Experienced professional roles, for example in IT or accounting ESS3 positions are likely to have staff management responsibilities and may be responsible for a technical/operations Senior supervisory or management roles with team or specialist technical roles. significant staff management responsibilities Skills/Qualifications Senior technical staff with substantial experience who provide a specialist service to ESSSuper. Roles at this level typically require tertiary qualifications and some roles may have postgraduate qualifications and Benchmark Positions significant work experience. Other roles may require a degree and several years' experience. Well-developed written and oral communication skills are required at this level in order to obtain the co-operation and assistance of others and resolve Member Education Consultant administrative or operational issues across Divisions. Some roles at ESS3 may require particularly well developed Senior Financial Accountant communication skills in order to obtain commitment from others in the pursuit of business objectives. Senior Business Analyst Judgement/Decision Making Positions at ESS3 typically operate within a clearly defined job purpose through operational procedures, governing rules of the funds (where applicable), industry policy and internal controls. There is some need for positions at this level to modify or adapt work processes. For some positions at ESS3, the modifications and/or development of operational procedures or policies may be required on a regular basis. Positions at this level are likely to be engaged in frequent resolution of problems. Incumbents need to weigh alternative courses of actions and make recommendations, although they are often guided by ESSSuper policies or prior experience, as the types of major problems tend to recur. Freedom to Act/Autonomy Positions at this level have a broad degree of autonomy in the day to day application of their roles. Positions at ESS3 tend to provide advice and recommendations which may be utilised by peers and/or senior management as part of the decision making process regarding ESSSuper programs. Positions at this level are quite specialised in a particular area of expertise, such as accounting or information technology and may advise those with a broader understanding of the discipline. At ESS3 level, positions typically provide advice which impacts the business unit within ESSSuper or the external client group. Positions at this level are individually accountable for the accuracy of the advice provided, and frequently advise the "end user". ESSSuper Enterprise Agreement 2020-2021 Page 72 of 74




 



ATTACHMENT B: Positions and Classifications 

ESS4 (Work Value Points: 431 - 600) 

Typical Work Level Features 

peneral 

ESS4 positions provide high level specialist advice or manage project delivery that has organisational-wide impact, 
operate within broad guidelines and are required to take a broader organisational or longer term perspective in the delivery 
of their output. f kills/Qualifications 

Positions at this level typically require tertiary qualifications and extensive years' experience. Where the primary focus of 

Typical Positions at ESS4 

Manages an area with significant budget, staff 
responsibilities and delivers a large scale 
organisational service 
Subject matter expert, providing highest level of 
specialist/professional expertise within ESSSuper 
Initiates and manages highly complex projects to 
achieve business strategy and which impact whole 
organisation 

the position is technical/functional/subject matter expertise and the application of specialised knowledge, postgraduate 1-----------------------1 
qualifications are required. Where the focus of the position is operational, administrative or management, breadth of 
experience across a range functions or extensive experience managing a function or section is required. 

The position uses their knowledge and experience (specialist or breadth) to provide advice, initiate projects or produce 
outputs. 

Well-developed written and oral communication skills are applied to resolving complex issues through consultation and 
negotiation, represent own work or work area to management team and/or external parties. The position uses expertise 
and communications skills to build support and influences outcomes in face of competing interests and views. 

l
udgement/Decision Making 

Positions at ESS4 develop or modify policies, programs and initiatives often in the absence of definitive rules, guidelines 
r operational procedures. Where guidelines and precedent exist, a variety of alternatives will be considered, taking 
ccount of broader organisation priorities and/or divisional business objectives to recommend the best approach. Polices, 

programs, projects and initiatives require a conceptualisation, interpretation and analysis of alternative courses of action 
las a basis for addressing problems or advancing new approaches. Where guidelines, methods or policies are developed 
pr varied they impact the beyond the immediate work unit and into the Division or whole organisation. 

Freedom to Act/Autonomy 

Positions at ESS4 identify and respond to new and emerging organisational, regulatory, compliance, technological issues 
and influences impacting on the operational environment. Positions are bound by practice and policy guidelines and are 
subject to regular executive management direction and oversight; however there is freedom to determine how to achieve 
end results, once broad direction is provided. For example the 'what to do' and 'when to do' are generally defined, and 
the position independently manages the delivery, including deployment and development of their staff, and other 
resources. Positions at this level are individually accountable for the thoroughness and quality of their advice or service 
and are expected to take a broader organisational and/or longer term perspectives in providing advice or implementing 
change. 

ESSSuper Enterprise Agreement 2020-2023 

Benchmark Positions 

Senior Technical Specialists 
Team Manager (Reporting to General Manager) 

Page 73 of 74 


ATTACHMENT B: Positions and Classifications ESS4 (Work Value Points: 431 - 600) Typical Work Level Features Typical Positions at ESS4 General Manages an area with significant budget, staff responsibilities and scale ESS4 positions provide high level specialist advice or manage project delivery that has organisational-wide impact, organisational service operate within broad guidelines and are required to take a broader organisational or longer term perspective in the delivery Subject matter expert, providing highest level of of their output. specialist/professional expertise within ESSSuper Skills/Qualifications Initiates and manages highly complex projects to achieve business strategy and which impact whole Positions at this level typically require tertiary qualifications and extensive years' experience. Where the primary focus of organisation the position is technical/functional/subject matter expertise and the application of specialised knowledge, postgraduate qualifications are required. Where the focus of the position is operational, administrative or management, breadth of experience across a range functions or extensive experience managing a function or section is required. Benchmark Positions The position uses their knowledge and experience (specialist or breadth) to provide advice, initiate projects or produce Senior Technical Specialists Team Manager (Reporting to General Manager) outputs. Well-developed written and oral communication skills are applied to resolving complex issues through consultation and negotiation, represent own work or work area to management team and/or external parties. The position uses expertise and communications skills to build support and influences outcomes in face of competing interests and views. Judgement/Decision Making Positions at ESS4 develop or modify policies, programs and initiatives often in the absence of definitive rules, guidelines or operational procedures. Where guidelines and precedent exist, a variety of alternatives will be considered, taking account of broader organisation priorities and/or divisional business objectives to recommend the best approach. Polices, programs, projects and initiatives require a conceptualisation, interpretation and analysis of alternative courses of action as a basis for addressing problems or advancing new approaches. Where guidelines, methods or policies are developed or varied they impact the beyond the immediate work unit and into the Division or whole organisation. Freedom to Act/Autonomy Positions at ESS4 identify and respond to new and emerging organisational, regulatory, compliance, technological issues and influences impacting on the operational environment. Positions are bound by practice and policy guidelines and are subject to regular executive management direction and oversight; however there is freedom to determine how to achieve end results, once broad direction is provided. For example the 'what to do' and 'when to do' are generally defined, and the position independently manages the delivery, including deployment and development of their staff, and other resources. Positions at this level are individually accountable for the thoroughness and quality of their advice or service and are expected to take a broader organisational and/or longer term perspectives in providing advice or implementing change. ESSSuper Enterprise Agreement 2020-2023 Page 73 of 74




 



SIGNATORIES 

EXECUTED as an Agreement 

SIGNED on behalf and with the authority of Emergency 
Services Superannuation Board by: 

Signature of the Authorised Person: 
Name in Full: 
Address: 

Explanation of Authority: 

Date: 

In the presence of this Witness 

Signature of Witness: 
Name in Full: 
Occupation: 
Address: 

On this date: 

SIGNED on behalf of and with the authority of the 
Community and Public Sector Union: 

Signature of Authorised Person: 
Name in Full: 
Address: 

Explanation of Authority: 

Date: Z.'2.-°3-2._o?_f 

In the presence of this Witness 

Signature of Witness: 
Name in Full: ,K" A-.:~ f_- ( v ,c. \c=:- ,E_ 
Occupation: 6 : 4--AN '- ~ t- rt. 
Address: L-c..✓---1. , • ,,, =- _ 1 • I , \ . 

-,- , ( v O ,S.,..-V\.l:::,,-rl o"\ 

On this date: s \ . 

r SS\llf,c::f E r,/E rprte i\,;1E' m, nt IQ)l).)0) J 

Mark Puli 
Level 16, 140 William Street 
MELBOURNE 3000 

Chief Executive Officer 

2J/ 1/'2,,f 

Head of Human Resources 
Level 16, 140 William Street 
MELBOURNE 3000 

231c312. l 

NC/~. 
Wayne Townsend 
Level 4, 121 Exhibition Street 
MELBOURNE 3000 

Branch Assistant Secretary Victoria -
CPSU 

Na~j ::fD-.,,,~ 
Designation: 
Level 4, 121 Exhibition Street 
MELBOURNE 3000 

f'c '}t' i 4 O/ / .1 


SIGNATORIES EXECUTED as an Agreement SIGNED on behalf and with the authority of Emergency Services Superannuation Board by: Mak Rl. Signature of the Authorised Person: Name in Full: Mark Puli Address: Level 16, 140 William Street MELBOURNE 3000 Explanation of Authority: Chief Executive Officer Date: 23/3/21 In the presence of this Witness Signature of Witness: Name in Full: Monica Cimera Occupation: Head of Human Resources Address: Level 16, 140 William Street MELBOURNE 3000 On this date: 23/03/21 SIGNED on behalf of and with the authority of the Community and Public Sector Union: WC Townsend. Signature of Authorised Person: Wayne Townsend Name in Full: Level 4, 121 Exhibition Street Address: MELBOURNE 3000 Explanation of Authority: Branch Assistant Secretary Victoria - Date: 22-3-2021 CPSU In the presence of this Witness Kursy Diddei Signature of Witness: Name in Full: KASSEY DICKIE Occupation: ORGANISER Name: Address: Level 4, 128 Exhibition Designation: Level 4, 121 Exhibition Street MELBOURNE 3000 On this date: st . 22-3-2021




 



Classification: OFFICIAL 

IN THE FAIR WORK COMMISSION 

FWC Matter No.: 
AG2021/4331 

Applicant: 
Emergency Services Superannuation Board T/A Emergency Services and State Super 

Section 185 - Application for approval of a single enterprise agreement 

Undertaking - Section 190 
I, Bruce Garner, General Manager Corporate Services have the authority given to me by 
Emergency Services Superannuation Board to give the following undertakings with respect 
to the ESSSuper Enterprise Agreement 2020-2023 ("the Agreement"): 

1. Notwithstanding clause 50.2(c)(ii) of the Agreement related to Long Service Leave, 
where the services of an employee with not less than four completed years of service, 
is terminated on account of age, ill health, retrenchment, or by death, the employee or 
the legal personal representative of the employee shall receive payment of a sum 
representing pay for service equal to 1140th of the period of service consistent with the 
award derived long service leave term in clause 26.1.3 of the Victorian State Agencies 
Award 2003. 

2. Notwithstanding clause 16.1 ( e) of the Agreement (termination of employment) in 
calculating any payment in lieu of notice, ESSSuper will pay to the Employee the full 
rate of pay for the hours the employee would have worked had the employment 
continued. 

3. Notwithstanding the rates of pay for ESS1 employees provided at Annexure A of the 
Agreement, ESSSuper will ensure that a reconciliation of earnings for ESS1 
employees as against the Award occurs at the end of each pay period. If a shortfall in 
the earnings of ESS1 is identified, ESSSuper will pay the relevant shortfall amount, 
plus an additional amount of 1.5% to ensure employees are better off overall under the 
Agreement than they would be under the Award. As part of the reconciliation, if a 
shortfall is identified, ESSSuper will make payment for the shortfall amount and the 
additional 1.5% in the next pay period to the relevant employee(s). 

4. ESSSuper undertakes that the definition in clause 2.1 (I) will not apply and that the 
following definition will apply: 
'Overtime' means the hours worked by an Employee, at the direction of ESSSuper, 
which are in addition to the Employee's ordinary hours on any day as defined in clause 
32.1 of the Agreement. Requirements for overtime and overtime entitlements for 
employees, among other matters, are set out in clause 35 of the Agreement. 

These undertakings are provided on the basis of issues raised by the Fair Work Commission 
in the application before the Fair Work Commission. 

Signed on behalf of Employer. _ _., 

I 

Signa1TTIT----­

:l \IO+ /2..::, .z.. 
Date 


Classification: OFFICIAL IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/4331 Applicant: Emergency Services Superannuation Board T/A Emergency Services and State Super Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Bruce Garner, General Manager Corporate Services have the authority given to me by Emergency Services Superannuation Board to give the following undertakings with respect to the ESSSuper Enterprise Agreement 2020-2023 ("the Agreement"): 1. Notwithstanding clause 50.2(c)(ii) of the Agreement related to Long Service Leave, where the services of an employee with not less than four completed years of service, is terminated on account of age, ill health, retrenchment, or by death, the employee or the legal personal representative of the employee shall receive payment of a sum representing pay for service equal to 1/40th of the period of service consistent with the award derived long service leave term in clause 26.1.3 of the Victorian State Agencies Award 2003. 2. Notwithstanding clause 16.1(e) of the Agreement (termination of employment) in calculating any payment in lieu of notice, ESSSuper will pay to the Employee the full rate of pay for the hours the employee would have worked had the employment continued. 3. Notwithstanding the rates of pay for ESS1 employees provided at Annexure A of the Agreement, ESSSuper will ensure that a reconciliation of earnings for ESS1 employees as against the Award occurs at the end of each pay period. If a shortfall in the earnings of ESS1 is identified, ESSSuper will pay the relevant shortfall amount, plus an additional amount of 1.5% to ensure employees are better off overall under the Agreement than they would be under the Award. As part of the reconciliation, if a shortfall is identified, ESSSuper will make payment for the shortfall amount and the additional 1.5% in the next pay period to the relevant employee(s). 4. ESSSuper undertakes that the definition in clause 2.1(1) will not apply and that the following definition will apply: 'Overtime' means the hours worked by an Employee, at the direction of ESSSuper, which are in addition to the Employee's ordinary hours on any day as defined in clause 32.1 of the Agreement. Requirements for overtime and overtime entitlements for employees, among other matters, are set out in clause 35 of the Agreement. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signed on behalf of the Employer. Signature 21/04/2021 Date

Cases cited by this decision: