[2021] FWCA 2462
The attached document replaces the document previously issued with the above code on 4 May
2021.
The paragraph numbers have been amended.
Associate to Deputy President Young
Dated 5 May 2021
1
Fair Work Act 2009
s.185—Enterprise agreement
Department of Parliamentary Services, Department of the Legislative
Assembly, Department of the Legislative Council, Parliamentary Budget
Office T/A Parliament Victoria
(AG2021/4692)
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF -
VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
State and Territory government administration
DEPUTY PRESIDENT YOUNG MELBOURNE, 4 MAY 2021
Application for approval of the Parliamentary Officers’ (Non-Executive Staff - Victoria)
Single Enterprise Agreement 2020.
[1] The Department of Parliamentary Services, Department of the Legislative Assembly,
Department of the Legislative Council, Parliamentary Budget Office T/A Parliament Victoria
(the Employer) has made an application for approval of an enterprise agreement known as the
Parliamentary Officers’ (Non-Executive Staff - Victoria) Single Enterprise Agreement 2020
(the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a
single-enterprise agreement.
[2] 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, 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 (SPSF Group), 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 2462
DECISION
AUSTRALIA FairWork Commission
[2021] FWCA 2462
2
[5] The Agreement was approved on 4 May 2021 and, in accordance with s 54, will operate
from 11 May 2021. The nominal expiry date of the Agreement is 20 March 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE511297 PR729173
THE FAIR WORK NOISSINI
3
Annexure A
IN THIE FAIR WORK COMM ISSION
FWC Matter No. :
Appl icant
AG2021/4692
Department of Parliamentary Services
Department of the Legislative Assembly
Department of the Legislative Council
Parliamentary Budget Office
Section 185 - Application for approval of a single enterprise agreement
Undertaking - Section 190
I, Richard Jordan, Manager, People Operations have the authority given to me by the
Department of Parliamentary Services, the Department of the Legislative Assembly, the
Department of the Legislative Council and the Parliamentary Budget Office to give the
fo llowing undertakings with respect to the Parliamentary Officers' (Non-Executive Staff -
Victoria) Single Enterprise Agreement 2020 ("the Agreement"):
Clause 17.4 Abandonment of Employment
Clause 17.4 is subject to the Requirements for Notice of Termination outlined in
section 117 of the Fair Work Act 2009.
Clause 49.4(a) Substitution of Public Holiday
Clause 49.4(a) is to have no effect other than to provtde that the Employer and
Employee may agree to substitute another day for a day that would otherwise
be a public hol iday under the National Employment Standards.
Clause 55 Flexible Working Arrangements
Clause 55 does not limit an Employee's right to request Flexible Working
Arrangements pursuant to section 65 of the Fair Work Act 2009.
These undertakings are provided on the basis of issues raised by the Fair Work Commission
in the application before the Fair Work Commission.
On behalf at
Anthony Close
Parl iamentary Budget Officer
Peter Lochert
Secretary of the Department of Parliamentary
Services
Date
Bridget Noonan
Clerk of the Legislative Assembly
Andrew Youngi
Clerk of the legislative Council
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/4692 Applicant: Department of Parliamentary Services Department of the Legislative Assembly Department of the Legislative Council Parliamentary Budget Office Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Richard Jordan, Manager, People Operations have the authority given to me by the Department of Parliamentary Services, the Department of the Legislative Assembly, the Department of the Legislative Council and the Parliamentary Budget Office to give the following undertakings with respect to the Parliamentary Officers' (Non-Executive Staff - Victoria) Single Enterprise Agreement 2020 ("the Agreement"): Clause 17.4 Abandonment of Employment Clause 17.4 is subject to the Requirements for Notice of Termination outlined in section 117 of the Fair Work Act 2009. Clause 49.4(a) Substitution of Public Holiday Clause 49.4(a) is to have no effect other than to provide that the Employer and Employee may agree to substitute another day for a day that would otherwise be a public holiday under the National Employment Standards. Clause 55 Flexible Working Arrangements Clause 55 does not limit an Employee's right to request Flexible Working Arrangements pursuant to section 65 of the Fair Work Act 2009. These undertakings are provided on the basis of issues raised by the Fair Work Commission In the application before the Fair Work Commission. of 29/4/2021 Signature Date On behalf of. Anthony Close Bridget Noonan Parliamentary Budget Officer Clerk of the Legislative Assembly Peter Lochert Secretary of the Department of Parliamentary Andrew Young Services Clerk of the Legislative Council
PARLIAMENTARY OFFICERS’
(NON-EXECUTIVE STAFF – VICTORIA)
SINGLE ENTERPRISE AGREEMENT 2020
HillS
New Stamp
Table of Contents
PART 1 – APPLICATION AND OPERATION OF THE
AGREEMENT
1 Agreement Title 3
2 Statement of Corporate Intent 3
3 Definitions 3
4 Commencement Date of Agreement and Period of
Operation
5
5 Application of Agreement and Parties Bound 5
6 Gender Pay Equity Principles 5
7 No Further Claims 8
8 Savings Provisions and Relationships with other Awards
and Agreements
8
9 Anti-Discrimination 9
10 Flexibility Term 9
PART 2 – COMMUNICATION, CONSULATION & DISPUTE
RESOLUTION
11 Implementation of Change 11
12 Disputes and Grievances 12
13 Workload 15
14 Secure Employment 16
15 Consultative Committee 16
PART 3 – EMPLOYER AND EMPLOYEES’ DUTIES,
EMPLOYMENT RELATIONSHIP AND RELATED
ARRANGEMENTS
16 Employment Categories and Entitlements 17
17 Termination of Employment 22
18 Cost of Employment Related Legal Proceedings 23
19 Home Based Work 24
20 Redeployment Principles 24
21 Management of Unsatisfactory Work Performance 25
22 Management of Misconduct 30
PART 4 – SALARIES AND RELATED MATTERS
23 Classification, Salary and Salary Increases 35
24 Performance, Development & Progression 39
25 Casual Employees – Loading 44
26 Supported Wage System 44
27 Payment of Salaries 45
28 Salary Packaging 45
29 Increases to Allowances 45
30 Reimbursement of Expenses 47
31 Meal Allowance 49
32 Sitting Allowance 49
33 Extended Duty Allowance 50
34 Excess Travelling Time 50
35 Superannuation 50
36 Childcare 51
37 Productivity Principles and Payment 51
PART 5 – WORKINGS HOURS, LEAVE & RELATED MATTERS
38 Hours of Work 52
39 Work Breaks 53
40 Meal Breaks 53
41 Maximum Daily Hours 54
42 Additional Hours (Overtime & Time in Lieu) 54
43 Stand-by/Recall Allowance 58
44 Commuted Overtime 59
45 Standard Day for Approved Leave Purposes 60
46 Annual Leave 61
47 Purchased Leave 63
48 Extended Leave Scheme 64
49 Public Holidays 64
50 Personal/Carer’s Leave 65
51 Compassionate Leave 69
52 Family Violence Leave 71
53 Parental Leave 73
54 Surrogacy Leave 85
55 Right to Request Flexible Working Arrangements 87
56 Infectious Disease/Dangerous Medical Conditions
Leave
87
57 Leave to Attend Alcohol, Drug or Problem Gambling
Rehabilitation Program
87
58 Cultural and Ceremonial Leave 88
59 Leave to participate in the Frist People’s Assembly of
Victoria
89
60 Long Service Leave 89
61 Recognised Service for Sick Leave and Long Service
Leave Purposes
91
62 Defence Force Leave 92
63 Jury Service Leave 93
64 Leave for Blood Donations 93
65 Leave to Engage in Emergency Relief Activities 93
66 Leave to Engage in Voluntary Community Activities 93
67 Participation in Sporting Events 94
68 Study Leave 94
69 Learning & Career Development 94
70 Military Service Leave 95
71 Leave Without Pay 95
PART 6 – OCCUPATIONAL, HEALTH & SAFETY
72 Accident Make-Up Pay 96
73 Occupational, Health, Safety and Rehabilitation 96
74 Facilities, Equipment and Accommodation 99
75 Workplace Security 99
76 Emergency and Incident Procedures 99
77 Transport and Travel 99
78 Employee Assistance Program 100
PART 7 – GENERAL
79 Electronic Communications 100
80 Industrial Relations Leave 100
81 Employee Representation on CPSU SPSF Victorian
Branch Council
100
82 Accredited Union Representative 101
SCHEDULES
1 Category A & B provision of Time in Lieu 102
2 Productivity Principles and Payment 103
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 3
PART 1 - APPLICATION AND OPERATION OF THE AGREEMENT
1 AGREEMENT TITLE
This agreement shall be known as the Parliamentary Officers’ (Non-Executive Staff – Victoria)
Single Enterprise Agreement 2020.
2 STATEMENT OF CORPORATE INTENT
The Parliament of Victoria through its elected representatives is accountable to the Victorian
community for the provision and conduct of representative government in the interests of
all Victorians. The objective of all the Departments of the Parliament is to deliver apolitical,
professional and innovative services to support our elected representatives and the
Parliament as an institution. The achievement of this objective is underpinned by Part 2 of
the Parliamentary Administration Act 2005 which outlines the Parliamentary Officer values
of responsiveness, integrity, impartiality, accountability, respect and leadership.
3 DEFINITIONS
In this document, unless otherwise provided:
“Accredited Representative of the Union” means an officer or Employee of the CPSU, or a
workplace delegate accredited by an authorised officer of the CPSU
“Category A Employee” means an Employee who is normally required to work beyond the
ordinary hours of work on all Sitting Days during the sittings of either or both Houses of
Parliament until or beyond 11.00 pm or the rising of either or both Houses of Parliament in
the servicing of either or both Houses of Parliament
“Category B Employee” means an Employee who is regularly rostered to work beyond the
ordinary hours of work on some, but not all, Sitting Days and who may be required to work
extended hours until or beyond 11.00 pm or the rising of either or both Houses of Parliament
in the servicing of either or both Houses of Parliament
“Category C Employee” means an Employee who is not a Category A or Category B Employee
“CPSU” or union means the Community and Public Sector Union
“Department Head” is as defined by the Parliamentary Administration Act 2005.
“Employee” means a non-executive Parliamentary Officer covered by the Agreement
engaged pursuant to the Parliamentary Administration Act 2005, Division 3
“Employer” is the relevant Department Head as defined by the Parliamentary Administration
Act 2005.
“Fortnightly Salary” means an Employee’s annual salary divided by 365.25 multiplied by 14
“FWC” means the Fair Work Commission or its successor
“Fair Work Act 2009” and FW Act means that Act as amended from time to time, or any
successor to that Act
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 4
“Fair Work Regulations 2009” means the Regulations as amended from time to time or any
successor to these Regulations
“National Employment Standards” means the key minimum entitlements for all Employees
guaranteed in legislation
“Parliamentary Term Appointment” means an appointment that is for the term of the
current Parliament
“Parliamentary Administration Act 2005” means that Act as amended from time to time, or
any successor to that Act
“Party or Parties” means the Parliament of Victoria, Employees, or the CPSU
“Public Holiday” means a day that is a public holiday pursuant to clause 49
“Salary” means the wage or salary rate, including all on-going progression payments, which
an Employee receives in the normal course of his or her duty; provided that “Salary” does not
include any payment for overtime, shift work, travelling allowance, stand-by/recall
allowance, sitting or extended duty allowance, incidental expenses or any payment of a
temporary character in the nature of a reimbursement of expenditure incurred;
“Sitting Day” means a day on which either or both Houses of Parliament sit, or in the case of
an Employee of a House Department whose duties are related solely to meeting the needs
of the House serviced by the Employee’s Department, a day on which the relevant House sits,
notwithstanding that such a Sitting Day may continue into the next calendar day
“Non-Sitting Day” means a day other than a Sitting Day as defined
“Sitting Period” When the Sitting Year is divided into two distinct periods and is the period
normally between the first Sitting Day in February and last Sitting Day in June in each year, or
the period normally between the first Sitting Day in August and the last Sitting Day in
December in each year
“Sitting Year” means the period normally between the first Sitting Day in February and the
last Sitting Day in December each year
“Sitting Week” means a week in which either or both Houses of Parliament sit, or in the case
of an Employee whose duties are related solely to meeting the needs of the House serviced
by the Employee’s Department, a week in which the relevant House sits
“Non-Sitting Week” means a week in which either or both Houses of Parliament do not sit
“Tribunal” means Fair Work Commission
“Variation” means variation in accordance with subdivision A of Division 7 of Part 2-4 of the
Fair Work Act 2009
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 5
4 COMMENCEMENT DATE OF AGREEMENT AND PERIOD OF OPERATION
4.1 This Agreement shall commence operation 7 days after the date on which Fair Work
Commission approves the Agreement and will have a nominal expiry date of 20 March 2024.
4.2 Employees to whom this Agreement applies will receive:
(a) salary increases as provided for in clause 23.6, with the first increase payable with
effect from 20 March 2020; and
(b) increases to allowances provided for in clause 29, 31, 32, 33 and 43 with the first
increase payable with effect from 20 March 2020.
4.3 Alterations to conditions of employment provided for in this Agreement shall apply with
effect from the commencement date of the operation of the Agreement, except where
otherwise provided.
4.4 Future salary rates in terms of quantum and timing to be adjusted in accordance with the
Victorian Public Service (VPS) Pay and Classification Structure and salary rate movements,
with the same funding conditions as those applying to the VPS to apply to the Parliamentary
Departments.
5 APPLICATION OF AGREEMENT AND PARTIES COVERED
5.1 This Agreement is made under section 172 of the Fair Work Act 2009 between the Employer
and Employees covered by the Agreement.
5.2 This Agreement shall apply to and be binding upon:
(a) the Parliament of Victoria in respect of all Employees (as defined in clause 3);
(b) all Employees whose employment is, at any time when this Agreement is in operation,
subject to this Agreement; and
(c) the CPSU, if FWC notes in its decision to approve the Agreement, that the Agreement
covers the CPSU.
6 GENDER EQUALITY
6.1 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.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 6
(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 workers who undertaking unpaid
and/ or caring work.
(e) Sustainability: Interventions and solutions are collectively developed and agreed, sustainable
and enduring.
(f) Participation and engagement: Workers, unions and employers work collaboratively to
achieve mutually agreed outcomes.
6.2 Meaning of ‘pay’
In this clause, ‘pay’ refers to remuneration including but not limited to salary, bonuses, overtime
payments, allowances and superannuation.
6.3 Commitment to collaborative approach to achieving gender pay equity
The Employer 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.
6.4 Claims relating to systemic gender equality issues
(a) A systemic gender equality issue means an issue of a systemic nature within the Employer
which adversely affects a class or group of employees of the Employer, relating to:
i. The gender composition of any or all workforce levels of the Employer; 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 the Employer 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 the Employer.
(d) In the first instance the Claim should include sufficient detail for the Employer to make a
reasonable assessment of the nature of the Claim, the employees impacted by the Claim and
any proposals to resolve the Claim.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 7
(e) The Employer must meet and discuss the Claim with the Claimant prior to responding to the
Claim.
(f) The Employer 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 Employer’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 the Employer and the Claimant/s, either the
Claimant/s or the Employer 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 6.1; 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 the Employer or the
Claimant; and
vii. Must consider evidence that the Claim may not be isolated to the Employer subject
to the Claim but may affect Employees from other public sector employers not
covered by this Agreement; and
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 the Employer
may refer the Claim to the Fair Work Commission for resolution pursuant to clause 12.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 8
(j) 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 the Employer may choose to be represented at any stage by a representative,
including a Union representative or Employer’s organisation.
(l) The Claimant and Employer 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 the Employer
of this concern and has not unreasonably failed to comply with a direction by the Employer 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.
6.5 Gender Equity Action Plans
The Employer will consult with the Union in the preparation of Gender Equality Action Plans under
the Gender Equality Act 2020 (VIC).
7. NO FURTHER CLAIMS
7.1 This Agreement is intended to set out, or set out processes for determining, all the terms and
conditions of employment of the Employees who will be subject to this agreement from the
date of commencement of this Agreement until 20 March 2024.
7.2 The Employees, the Employer and the CPSU, agree that during the operation of the
Agreement, they will not make claims for the making of a further agreement under the Fair
Work Act 2009, whether in relation to matters dealt with in this Agreement or otherwise.
8 SAVINGS PROVISIONS AND RELATIONSHIP WITH OTHER AWARDS AND
AGREEMENTS
8.1 This Agreement operates to the exclusion of all previous awards and orders of FWC and
replaces all previous certified agreements in respect of the Employees. However, any
entitlement in the nature of an accrued entitlement to an individual’s benefit, which has
accrued under any such previous certified agreement, will not be affected by the making of
this Agreement.
8.2 No Employee will, on balance, have his or her overall pay and conditions reduced as a result
of the making of this Agreement.
8.3 No Employee’s overall terms and conditions of employment shall, on balance, be reduced as
a result of any machinery of Government changes that occur during the life of this
Agreement.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 9
8.4 The policies and procedures of the Employer are not incorporated into the Agreement. The
Agreement prevails to the extent of any inconsistency.
9 ANTI-DISCRIMINATION
9.1 It is the intention of the Parties to this Agreement to achieve the principal object set out in
section 336(c) of the FW Act 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, gender, age, physical or mental disability, marital status, family or carer’s
responsibilities, pregnancy, religion, political opinion, national extraction, social origin or any
other attributes protected by anti-discrimination legislation.
9.2 Accordingly, in fulfilling their obligations under the procedures in clause 12 (Disputes and
Grievances), the Parties must make every endeavour to ensure that neither the Agreement
provisions nor their operation are directly or indirectly discriminatory in their effects.
9.3 Nothing in this clause is to be taken to affect:
(a) any different treatment (or treatment having different effects) which is specifically
exempted under the Commonwealth or State anti-discrimination legislation;
(b) the Employee, Employer or registered Union pursuing matters of discrimination in any
State or Federal jurisdiction, including by application to the Australian Human Rights
Commission; and
(c) the exemptions in section 351(2) and 772(2) of the FW Act or the operation of sections
772(3) and 772(4) of the FW Act.
10 FLEXIBILITY TERM
10.1 An Employee and the Employer may enter into an individual flexibility arrangement pursuant
to this clause in order to meet the genuine needs of both the Employee and the Employer.
An individual flexibility arrangement must be genuinely agreed to by both the Employee and
Employer.
10.2 An individual flexibility arrangement may vary the effect of clause 38 (Hours of work).
10.3 An Employee may nominate a representative to assist in negotiations for an individual
flexibility arrangement.
10.4 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c) result in the Employee being better off overall than the Employee would be if no
arrangement was made.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 10
10.5 The Employer must ensure that the individual flexibility arrangement is in writing and signed
by the Employee and the Employer. If the Employee is under 18, the arrangement must also
be signed by a parent or guardian of the Employee.
10.6 The Employer must give a copy of the individual flexibility arrangement to the Employee
within 14 days after it is agreed to.
10.7 The Employee must ensure that any individual flexibility arrangement sets out:
(a) which terms of this Agreement will be affected or varied by the individual arrangement;
(b) how the individual flexibility arrangement will vary or affect the terms of this
Agreement;
(c) how the Employee will be better off overall in relation to the terms and conditions of
his or her employment as a result of the individual flexibility arrangement;
(d) the day on which the individual flexibility arrangement commences;
(e) provides for the individual flexibility arrangement to be terminated:
(i) by either the Employee or Employer giving a specific period of written notice,
with the specified period being not more than 28 days; and
(ii) at any time by written agreement between the Employee and Employer.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 11
PART 2: COMMUNICATION, CONSULTATION & DISPUTE RESOLUTION
11 IMPLEMENTATION OF CHANGE
11.1 Where the Employer is considering significant change, such as restructure of the workplace,
the introduction of new technology, relocation or changes to existing work practices of
Employee(s), the Employer will advise the affected Employee(s) and their chosen
representative, including CPSU representative of the proposed change as soon as practicable
after the proposal has been made. The Employer will advise the affected Employee(s) and
their chosen representative, including CPSU representative of the likely effects on the
Employee’s working conditions and responsibilities. The Employer will advise of the rationale
and intended benefits, such as productivity improvements of any change.
11.2 The Employer will regularly consult with affected Employee(s) and their chosen
representative, including CPSU representative and give prompt consideration to matters
raised by the Employee(s) and their chosen representative, including CPSU representative
and where appropriate provide training for the Employee(s) to assist them to integrate
successfully into the new structure.
11.3 In accordance with this clause, the Employee(s) or their chosen representative, including
CPSU representative may submit alternative proposals which will meet the indicated
rationale and benefits of the proposal. 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. If such a proposal is made the Employer must give considered reasons
to the Employee(s) and their chosen representative, including CPSU representative if the
Employer does not accept its proposals.
11.4 Indicative reasonable timeframes are as follows:
STEPS IN PROCESS NUMBER OF WORKING DAYS IN
WHICH TO PERFORM EACH STEP
Employer advises Employees and their chosen
representative, including CPSU representative
Employees and their chosen representative,
including CPSU representative response
5 days following receipt of written
advice
Meeting convened (if requested) 5 days following request for meeting
Further Employer response (if relevant) 5 days following meeting
Employees and their chosen representative,
including CPSU representative alternative
proposal (if applicable)
10 days
Employer response to any alternative proposal 10 days
11.5 Any dispute concerning the Parties’ obligations under this clause shall be dealt with in
accordance with clause 12 (Disputes & Grievances).
11.6 Consultation on Change to Regular Rosters or Ordinary Hours of Work
(a) This clause applies if the Employer proposes to introduce a change to the regular roster
or ordinary hours of work of Employees.
(b) The Employer must notify the relevant Employees of the proposed change.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 12
(c) The relevant Employees may appoint a representative, including CPSU representative,
for the purposes of the procedures in this sub-clause
(d) If:
(i) a relevant Employee appoints or relevant employees appoint, a representative,
including CPSU representative for the purposes of consultation; and
(ii) The Employee or Employees advise the Employer of the identity of the
representative
the Employer must recognise the representative.
(e) As soon as practicable after proposing to introduce the change, the Employer must
(i) discuss with the relevant employees the introduction of the change; and
(ii) for the purposes of the discussion – provide to the relevant Employees
all the relevant information about the change, including the nature of the
change on the Employees; and
information about what the Employer reasonably believes will be the
effects of the change on the Employees; and
information about any other matter that the Employer reasonably
believes are likely to affect the Employees; and
(iii) invite the relevant Employees to give their views about the impact of the
change, (including any impact in relation to their family or caring
responsibilities).
(f) However, the Employer is not required to disclose confidential information to the
relevant Employees.
(g) The Employer must give prompt and genuine consideration to matters raised about
the change by the relevant Employees.
12 DISPUTES AND GRIEVANCES
12.1 For the purpose of this clause 12, a dispute includes a grievance.
12.2 Unless otherwise provided for in this agreement, a dispute about a matter arising under this
agreement, or the National Employment Standards set out in the FW Act, other than
termination of employment, must be dealt with in accordance with this clause.
12.3 This clause does not apply to any dispute on a matter or matters arising in the course of
bargaining in relation to a proposed enterprise agreement.
12.4 A person covered by this agreement may choose to be represented at any stage by a
representative, including a union representative or Employer’s organisation.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 13
12.5 Obligations
(a) The Parties to the dispute 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.
(b) Whilst a dispute 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 his or her health or safety, has
advised the Employer of this concern and has not unreasonably failed to comply with a
direction by the Employer to perform other available work that is safe and appropriate
for the Employee to perform.
(c) No person covered by the agreement will be prejudiced as to the final settlement of
the dispute by the continuance of work in accordance with this clause.
12.6 Agreement and dispute settlement facilitation
(a) For the purposes of compliance with this Agreement (including compliance with this
dispute settlement procedure) where the chosen Employee representative is another
Employee of the Employer, he or she must be released by the Employer from normal
duties for such periods of time as may be reasonably necessary to enable him or her to
represent Employees concerning matters pertaining to the employment relationship
including but not limited to:
(i) investigating the circumstances of a dispute or an alleged breach of this
Agreement;
(ii) endeavouring to resolve a dispute arising out of the operation of this
Agreement; or
(iii) participating in conciliation, arbitration or any other agreed alternative dispute
resolution process.
(b) The release from normal duties referred to in this clause is subject to the proviso that
it does not unduly affect the operations of the Employer.
12.7 Discussion of dispute
(a) The dispute must first be discussed by the aggrieved Employee(s) with the immediate
supervisor of the Employee(s) or next level of management where appropriate.
(b) If the dispute is not settled, the Employee(s) can require that the matter be discussed
with another representative of the Employer appointed for the purposes of this
procedure.
12.8 Internal process
(a) If any party to the dispute who is covered by this agreement refers the dispute to an
internal dispute resolution established process, the matter must first be dealt with in
accordance with that process, provided that the process is conducted as expeditiously
as possible and:
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 14
(i) is consistent with the rules of natural justice and procedural fairness;
(ii) provides for mediation or conciliation of the dispute;
(iii) provides that the employer will take into consideration any views on who should
conduct that review; and
(iv) is conducted as with as little formality as a proper consideration of the dispute
allows.
(b) This clause does not apply where a dispute or grievance is referred to the Public Sector
Standards Commissioner or any other person or body under the Parliamentary
Administration Act 2005.
(c) Internal process for the purposes of this part includes a disputes process conducted by
the Employer or referred to any other person or body, including the Public Sector
Standards Commissioner, in accordance with the Parliamentary Administration Act
2005, as amended from time to time and its regulations.
(d) As part of any internal process conducted by the Department Head, the parties to the
dispute may agree to involve a mutually agreed independent person to assist in
resolution of the dispute. Agreement will not be unreasonably withheld.
(e) If the matter is not settled, either party to the dispute may apply to FWC to have the
dispute dealt with by conciliation.
12.9 Disputes of a collective character
(a) The Parties acknowledge that disputes of a collective character concerning more than
one Employee may be dealt with more expeditiously by an early reference to FWC.
(b) No dispute of a collective character may be referred to FWC directly unless there has
been a genuine attempt to resolve the dispute at the workplace level prior to its being
referred to FWC.
12.10 Conciliation
(a) Where a dispute is referred for conciliation, a member of the FWC shall do everything
that appears to the member to be right and proper to assist the Parties to the dispute
to agree on settlement terms.
(b) This may include arranging:
(i) conferences of the parties to the dispute presided over by the member; and
(ii) for the parties to the dispute to confer among themselves at conferences at which
the member is not present
(c) Conciliation before FWC shall be regarded as completed when:
(i) the parties to the dispute have reached agreement on the settlement of the
dispute; or
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 15
(ii) the member of FWC conducting the conciliation has, either of their own motion
or after an application by a party to the dispute, satisfied themselves that there
is no likelihood that within a reasonable period further conciliation will result in
a settlement; or
(iii) the Parties to the dispute have informed the FWC member that there is no
likelihood of agreement on the settlement of the dispute and the member does
not have substantial reason to refuse to regard the conciliation proceedings as
completed.
12.11 Arbitration
(a) If the dispute has not been settled when conciliation has been completed, either party
may request that FWC proceed to determine the dispute by arbitration.
(b) Where a member of FWC has exercised conciliation powers in relation to the dispute,
the member shall not exercise, or take part in the exercise of, arbitration powers in
relation to the dispute if a party objects to the member doing so.
(c) Subject to clause 12.11(d) below, the determination of FWC is binding upon the
persons covered by this Agreement.
(d) A determination of a single member of FWC made pursuant to this clause may, with
the permission of the Full Bench of FWC, be appealed.
12.12 General powers and procedures of FWA
Subject to any agreement between the parties in relation to a particular dispute and the
provisions of this clause, in dealing with a dispute through conciliation or arbitration, FWC
may conduct the matter in accordance with Subdivision B of Division 3 of Part 5-1 of the FW
Act.
13 WORKLOAD
13.1 The Employer acknowledges the benefits to both the organisation and individual Employee
gained through Employees having a balance between both their professional and family life.
13.2 The Employer further recognises that the allocation of work must include consideration of
the 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.
13.3 The Employer may require Employees to work additional hours where such work is
unavoidable because of work demands or the sittings of either House or their Committees.
13.4 Reasonable notice of the requirement to work additional hours will be given by the Employer
unless, due to an emergency, it has not been possible to provide reasonable notice.
13.5 When an Employee is required by the Employer to work additional hours the Employee must
be compensated in accordance with the appropriate additional hours clause where the
Employee is covered by the provisions of such a clause.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 16
13.6 Except where the Employer requires an Employee or group of Employees to work additional
hours under clause 13.3, an Employee or group of Employees may request a review of their
workload if they believe the workload is unreasonable. The request must be made in writing
and set out details of the workload of the Employee or group of Employees and the reasons
why the workload is considered unreasonable.
13.7 On receipt of a request by an Employee or group of Employees under this clause, the
Employer must give the Employee a written response within 21 days, stating whether the
Employee agrees to or refuses the request.
13.8 If the Employer refuses the request for a review, the written response under clause 13.7 must
include details of the reasons for the refusal.
13.9 If the Employer agrees to the request, a review of the workload of the Employee or group of
Employees will be conducted.
13.10 Following the completion of the review, the Employee or group of Employees and the
Employer shall agree on any necessary adjustments that are required to be implemented to
ensure the workload for the Employee or group of Employees is reasonable.
13.11 Other than in an emergency, an Employer may request an Employee to work additional hours.
An Employee may refuse to work additional hours for reasons outlined in clause 42.1(b) of
this Agreement.
14. SECURE EMPLOYMENT
14.1 The Employer acknowledges the positive impact that secure employment has on employees
and the provision of quality services to the Victorian community.
14.2 The Employer will give preference to ongoing forms of employment over casual, fixed term
and sessional arrangements wherever possible.
14.3 Any dispute arising from the use of casual, fixed term or sessional employees in a manner
which is inconsistent with the provisions of the Agreement shall be resolved in accordance
with the Disputes and Grievances clause of this Agreement.
15 CONSULTATIVE COMMITTEE
15.1 A consultative committee shall be established comprising
(a) a management and employee nominee from each Parliamentary Department and the
Parliamentary Committees
(b) a nominee from People Operations; and
(c) CPSU workplace representatives and an industrial officer nominated by the
CPSU.
15.2 Meetings will be chaired by members of the committee on a rotational basis.
15.3 The purpose of the committee is to promote cooperation and improve communication.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 17
PART 3 - EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT
RELATIONSHIP AND RELATED ARRANGEMENTS
16 EMPLOYMENT CATEGORIES AND ENTITLEMENTS
16.1 Basis of employment
Employees may be employed on an:
(a) Ongoing basis;
(b) Fixed term basis;
(c) Casual basis;
(d) Parliamentary term basis; or
(e) Sessional basis.
16.2 Categories of employment
As defined in clause 3 of this Agreement, Employees may be employed as:
(a) Category A, B or C
(b) An Employee’s employment category shall not be altered other than:
(i) by 28 days notice and consultation with the Employee during a non-sitting period;
or
(ii) by mutual agreement during a sitting period; or
(iii) when a sitting year is not divided into sitting periods, by 3 months notice during
a sitting year and consultation with the Employee.
(c) Where an Employee's employment category changes during the course of one calendar
year, the Employee shall be entitled to the relevant annual leave on a pro-rata basis.
16.3 Job information
(a) As soon as practicable after the commencement of employment, the Employee will be
provided in writing or electronically with details of the job title, classification level,
parliamentary category, and job statement for his/her position.
(b) A fixed term Employee must be provided in writing or electronically the reason for their
fixed term employment consistent with clause 16.7.
(c) The Employee will carry out the duties described in the position description and such
other duties as directed, consistent with their skills and classification descriptors.
(d) The Employer will provide the Employee with a copy of this Agreement and information
regarding the role of unions and/or union delegates under the terms of the Agreement.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 18
(e) The Employer will ensure that an induction process is developed and maintained for
the purpose of educating new Employees about the structure and policies of the
Parliament of Victoria. The Employer will ensure that unions are provided with an
opportunity to explain their role and functions in consultative and dispute resolution
processes provided for under this Agreement.
16.4 Probationary period - new employee
(a) The Employer may appoint a new Employee or a former Employee who commences
employment with an Employer covered by the Agreement on a probationary basis.
(b) A new Employee means an Employee on their commencement of employment with an
Employer covered by the Agreement. A New Employee does not include an Employee
with 6 or more months continuous employment under any basis of employment except
casual employment with an Employer covered by the Agreement.
(c) The period of probation shall be a reasonable period having regard to the nature of the
position, but, subject to sub-clause 16.4(b), shall be no more than 6 months.
(d) The probationary period of a new Employee is reduced by any period of continuous
employment, under any basis of employment except casual employment, with an
Employer covered by the Agreement, immediately preceding the commencement of
Employment.
(e) If conduct or performance issues are identified during the probationary period, the
Employer shall counsel the Employee during the probationary period in relation to his
or her conduct or performance and shall provide a written record of such counselling.
(f) A probationary Employee’s employment may be terminated by the Employer during
the Employee’s probationary period by giving two weeks’ notice or two weeks’ pay in
lieu of notice, subject to the right to terminate an Employee’s employment without
notice or payment in lieu of notice if the Employee has committed any act of serious
misconduct (as defined in the Fair Work Regulations).
(g) Unless the employment is terminated earlier in accordance with sub-clause 16.4(f), at
the end of the period of probation, the Employer shall confirm the Employee’s
appointment in writing or, in the event that the Employee’s conduct or performance
during the probationary period is unsatisfactory, terminate the employment by the
giving of two weeks’ notice or two weeks’ pay in lieu of notice.
16.5 Part-time employment
(a) Provisions relating to salary, leave and all other entitlements contained within this
Agreement shall apply to part-time Employees on a pro rata basis calculated on the
number of ordinary hours worked.
(b) Part-time employment shall be for not less than 3 consecutive hours in any day worked
except:
(i) where the Employee works from home by agreement with the Employer; or
(ii) in exceptional circumstances with the agreement of the Employee.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 19
(c) Part-time employment is worked only by agreement between the Employee and the
Employer, where that agreement includes an agreed roster specifying:
(i) the days in each fortnight on which the Employee will work; or
(ii) ordinary weekly hours worked to be averaged within a specified 6-month period
or a period agreed between the Employee and Employer:
For the purposes of the averaged part time hours arrangement, the agreed
ordinary hours shall be averaged over the specified 6 month period or agreed
period and paid on that basis, regardless of the actual ordinary hours worked
in any single fortnightly pay cycle.
An employee who works additional days and which are outside the agreed
roster will be paid for the additional hours as worked.
The averaged part time hours arrangement pursuant to clause 16.6(c) will
only be applied to employees and positions commencing after the agreement
comes into operation or by mutual agreement between the Employee and
the Employer.
Where ordinary hours worked in a specified 6-month or agreed period was
less than the agreed averaged hours, there shall be no requirement for the
employee to pay back any salary paid in accordance with the averaged part
time hours arrangement agreed for the agreed roster period.
A fortnight’s notice will be provided for roster changes unless otherwise
agreed.
(iii) the start and finish times on the days upon which the Employee will work;
(iv) the number of hours the Employee will work on each day he or she works; and
(v) agreed processes for the variation of hours of work.
(d) Such agreed rostered hours shall be considered the Employee’s ordinary hours.
(e) Overtime provisions as set out in clause 42.8(v) shall apply.
(f) Leave accrual provisions as set out in clause 46 shall apply.
16.6 Casual employment – when it may be used
(a) The use of casual labour will not be for the purpose of undermining the job security of
ongoing Employees, for the purpose of turning over a series of casual workers to fill an
ongoing employment vacancy or as a means of avoiding obligations under this
Agreement.
(b) Therefore, the employment of casuals in all areas covered by this Agreement is limited
to meeting short-term work demands or specialist skill requirements.
(c) Casual employment will be for not less than 3 consecutive hours in any day worked
except:
(i) where the Employee works from home by agreement with the Employer; or
(ii) in exceptional circumstances.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 20
(c) Except as expressly provided for, all other provisions of this Agreement shall apply to
casual Employees.
16.7 Fixed term employment – when it may be used
(a) The use of fixed term contract positions will not be for the purpose of undermining the
job security or conditions of ongoing Employees.
(b) Therefore, the use of fixed term employment in all areas covered by this Agreement is
limited to:
(i) replacement of staff proceeding on approved leave;
(ii) meeting fluctuating client and staffing needs and unexpected increased
workloads;
(iii) undertaking a specified task which is funded for a specified period;
(iv) filling a vacancy resulting from an Employee undertaking a temporary assignment
or secondment;
(v) temporarily filling a vacancy where, following an appropriate selection process, a
suitable ongoing Employee is not available; or
(vi) filling a vacant role whilst a review of the area is undertaken, provided that such
appointment does not exceed a period of 12 months.
(c) In other than exceptional and unforeseen circumstances, fixed term appointments shall
be for a maximum of three years subject to clause 53, parental leave.
(d) Where an Employee is posted overseas the limitations on the use of fixed term
employment outlined in the above sub-clauses do not apply.
(e) Where an Employee is employed on a Parliamentary Term basis, the limitations on the
use of fixed term employment outlined in the above sub-clauses do not apply.
(f) A fixed Employee’s employment may be terminated by the Employer. The Employer
must give to the Employee the following notice period:
EMPLOYEE’S PEROD OF CONTINUOUS
SERVICE WITH THE EMPLOYER MINIMUM PERIOD OF NOTICE
Up to one year 2 weeks
More than 1 year 4 weeks
(g) In addition to this notice, Employees over the 45 years of age at the time of giving of
the notice with not less than two years continuous service are entitled to an additional
weeks’ notice
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 21
(h) Payment in lieu of the notice will be made if the Employer notifies the Employee that
the Employer does not require the Employee to work the entirety of the applicable
notice period. Employment may be terminated by the
Employee working part of the required period of notice and by the Employer making
payment for the remainder of the period of notice.
(i) The notice or payment in lieu of notice provisions set out in this clause will not apply if
the Employee has committed any act of serious misconduct (as defined by the Fair
Work Regulations).
16.8 Parliamentary term employment
(a) The provisions of clause 16.8 will apply specifically to the positions of Advisors currently
attached to the Presiding Officers.
(b) Employees employed on a Parliamentary Term basis will be employed from the date of
their commencement till two weeks after the first Sitting Day of the next elected
Parliament.
(c) The relevant Presiding Officer may extend the term of employment of a Parliamentary
Term Employee.
(d) Subject to sub-clauses 16.8(b), a Parliamentary Term Employee may be reappointed.
(e) A Parliamentary Term Employee’s entitlement to notice or pay in lieu of notice shall be
as set out below in a case of compulsory termination referred to in sub-clause 16.8(b)
above, as calculated from the initial date of employment with the Parliament.
LENGTH OF SERVICE PERIOD OF NOTICE
One year or more but less than two years Six weeks
Two years or more but less than three years Eight weeks
Three years or more but less than four years Ten weeks
Four years or more but less than five years Eleven weeks
Five years or more but less than six years Twelve weeks
Six years of more but less than seven years Thirteen weeks
Seven years or more
Two weeks for every completed year of
service up to a maximum of forty-eight
weeks
16.9 Sessional employment
(a) Reporters, sub-editors and audio monitors may be employed on a sessional basis to
meet the specific requirements of sitting periods and/or sitting years.
(b) Audio monitors will be employed during weeks when either or both houses of
Parliament sit in a given sitting period and/or sitting year.
(c) Reporters and sub-editors employed on a sessional basis will be paid a minimum of 30
hours per week for each sitting week worked when both Houses sit. When only one
house sits due to the first or last sitting week of a session the minimum hours paid will
be 20 hours per week.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 22
(d) Audio monitors employed on a sessional basis will be paid a minimum of 24 hours per
week for each sitting week worked.
(e) Sessional Employees will be paid a loading of 35% in addition to the hourly rate for the
corresponding full-time position, as compensation in lieu of any entitlement to the
following benefits: public holidays, annual leave and annual leave loading,
personal/carer’s leave, paid parental leave, compassionate leave, paid carer’s leave,
jury service leave, defence forces leave and in lieu of any payment of overtime, penalty
payments or allowance instead of overtime.
(f) Except as expressly provided for, provisions relating to salary, leave and all other
entitlements contained in this Agreement shall apply to sessional Employees on a pro
rata basis based on hours worked.
(g) All Reporters will be provided with a minimum of 20 hours of training per annum, paid
at the hourly rate for the corresponding full-time position.
17 TERMINATION OF EMPLOYMENT
17.1 Termination by employer
(a) The provisions of section 117 of the FW Act apply except where varied by this clause.
(b) Subject to this Agreement the Employer may only terminate the employment of an
Employee for the reasons outlined in section 29 of the Parliamentary Administration
Act 2005.
17.2 Notice of termination by employer
(a) In order to terminate the employment of an Employee, other than a casual Employee,
the Employer must give to the Employee, the following notice period:
EMPLOYEES PERIOD OF CONTINUOUS SERVICE WITH THE
EMPLOYER
MINIMUM PERIOD OF
NOTICE
Not more than three years 2 weeks
More than three years 4 weeks
(b) In addition to this notice, Employees over 45 years of age at the time of the giving of
the notice with not less than two years continuous service are entitled to an additional
weeks’ notice.
(c) Payment in lieu of the notice will be made if the Employer notifies the Employee that
the Employer does not require the Employee to work the entirety of the applicable
notice period. Employment may be terminated by the Employee working part of the
required period of notice and by the Employer making payment for the remainder of
the period of notice.
(d) In calculating any payment in lieu of notice, the Employer shall use the salary an
Employee would have received for the ordinary time they would have worked during
the period of notice had their employment not been terminated.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 23
(e) The period of notice in this clause will not apply in the case of dismissal for serious
misconduct.
17.3 Employee resignation
(a) Unless otherwise agreed by the Employer and the Employee, an Employee other than
a probationary Employee may resign at any time by giving a minimum of four weeks’
written notice to the Employer.
17.4 Abandonment of employment
(a) If an Employee is absent for more than 20 working days:
(i) in circumstances where the Employer could not reasonably, after due enquiry,
have been aware of any reasonable grounds for the absence; and
(ii) without the permission of the Employer; and
(iii) without contacting the Employer to provide an explanation for the absence.
(b) The Employer is entitled to treat the Employee as having resigned and the employment
as having been terminated by the Employee at his or her initiative.
17.5 Statement of employment
(a) The Employer must, upon receipt of a request from an Employee whose employment
will cease or has ceased, provide to the Employee a written statement specifying the
period of his or her employment and the classification of or the type of work performed
by the Employee.
(b) Where the Employer terminates an Employee’s employment, the Employer must, at
the Employee’s request provide a written statement of the reasons for the dismissal.
17.6 Rights not limited
This clause does not limit the rights of Employees to pursue any other legal remedy in respect
of termination of employment.
18 COSTS OF EMPLOYMENT RELATED LEGAL PROCEEDINGS
(a) If an Employee is required to attend a Coroner’s inquest on matters which directly arise
from the performance of the Employee’s duties, the Employer must meet the
Employee’s reasonable legal costs relating to appearance at or representation before
the Coroner’s Court.
(b) Where legal proceedings are initiated against an Employee as a direct consequence of
the Employee legitimately and properly performing his or her duties, the Employer will
meet the Employee’s reasonable legal costs relating to the defence of such
proceedings.
(c) Where, as a direct consequence of the Employee legitimately and properly performing
his or her duties, it is necessary to obtain an intervention order or similar remedy
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 24
against a client, the Employer will meet the Employee’s reasonable legal costs in
obtaining the order or other remedy.
(d) An application to meet an Employee’s reasonable legal costs will be dealt with
expeditiously by the level of management responsible for deciding the matter.
(e) This clause does not require the Employer to meet any Employee legal costs incurred
in response to an employment related act, process or decision of the Employer.
19 HOME BASED WORK
19.1 Home based work arrangements may be agreed between the Employer and an
Employee on a case by case basis.
19.2 During the life of the Agreement, the parties agree to review working from home
arrangements taking into account the experience gained during the Coronavirus
(COVID-19) pandemic.
20 REDEPLOYMENT PRINCIPLES
(a) The following redeployment principles as set out in this clause will apply to ongoing
Employees identified as surplus to the requirements of the Parliament of Victoria in
accordance with section 29 of the Parliamentary Administration Act 2005. In managing
surplus Employees, the Department Heads recognise their obligations and commit to
placing surplus Employees into vacancies for which they are suitable.
(b) The parties agree to apply the Victorian Public Sector Industrial Relations policies as
they relate to redeployment, redundancy and retrenchment. These policies do not
form part of this Agreement.
(c) All relevant vacancies within the Parliament of Victoria will be reviewed to maximise
the opportunities for valid offers for redeployment to be made with the aim of offering
duties as close to the surplus Employee’s current level as is possible.
(d) Parliament of Victoria’s disputes and grievance processes are available and are to be
managed expeditiously in relation to issues raised by surplus Employees.
(e) The redeployment of surplus Employees wherever practical and consistent with the
application of merit.
(f) Surplus Employees have priority to be placed in vacancies that occur within the
Parliament of Victoria, unless the surplus Employee is determined to be unsuitable for
appointment to that vacancy by the Employer.
(g) The placement of surplus Employees be managed by the Employer to provide
individualised case management and support, including counselling, provision of job
search skills, liaison and retraining to assist in achieving placements.
(h) Processes to be consistent with the application of the principles of fair and reasonable
treatment and merit selection.
(i) Unplaced surplus Employees to have access to departure packages only after a
reasonable period.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 25
(j) Retrenchment and payment of a separation package to be used as an action of last
resort where redeployment within a reasonable period does not appear likely.
(k) Where a vacancy exists for which a surplus Employee is suitable and is the only
candidate or the best candidate amongst surplus Employees, a valid offer will be made.
A valid offer involves an offer of duties to a suitably qualified Employee (which may be
at the same or different level or status or the same or different general location as the
Employee’s previous employment).
(l) Subject to clause 20(f), surplus Employees will have priority access to vacancies both at
the Employee’s classification level and below their classification level. Where it is
below their classification level, the surplus Employee will be provided with salary
maintenance.
(m) The Employer will provide support to surplus Employees being placed in alternative
positions utilising high quality and professional expertise.
(n) Surplus Employees will actively engage in the redeployment process.
21 MANAGEMENT OF UNSATISFACTORY WORK PERFORMANCE
21.1 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 unsatisfactory work performance is addressed expeditiously;
(c) reflect the Parliamentary Officer values of leadership, accountability, respect,
responsiveness, integrity, and impartiality, 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 the Employer’s expected standard.
21.2 Application
(a) Subject to applicable Victorian and Federal legislation, action taken by the Employer in
relation to 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 of employment.
21.3 Referred unsatisfactory work performance matters
The Employer may at any time elect, where there is reasonable cause, to manage the
Employee’s work performance in accordance with clause 22. Once an election has been
made by the Employer under this clause, any matters that have arisen under the process in
this clause may be considered in the process pursuant to clause 22.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 26
21.4 Meaning of unsatisfactory work performance
An Employee’s work performance is unsatisfactory if the Employee fails to perform to the
required standards or expectations of the role.
21.5 Procedural fairness to apply
(a) The process for managing unsatisfactory work performance will be consistent with the
principles of procedural fairness.
(b) All Parties involved in the process will commit to completing it as quickly as practicable.
(c) Before commencing formal unsatisfactory work performance processes, the Employer
must
(i) tell the Employee the purpose of the meeting;
(ii) provide the Employee with a copy of the formal unsatisfactory work performance
to be followed as outlined in clause 21.9 herein;
(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.
(d) The Employer must take into account any reasonable explanation of any failure by the
Employee to participate before making a decision under this clause 21.
21.6 Employee representation
An Employee is entitled to be represented by a person of their choice (including a union
representative) at any stage of the formal review meetings of the unsatisfactory work
performance management process.
21.7 Prior to commencing process
The Employer must
(a) consider organisational or personal factors that play a role in the Employee’s
unsatisfactory work performance and consider alternatives to the underperformance
process to address the problem; and
(b) have a reasonable expectation that the Employee is capable of meeting the required
level of performance. Where the Employer and Employee agree that the Employee is
not capable of meeting the required level of performance, the Employer may transfer
the Employee to a suitable alternative position where reasonably practicable.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 27
21.8 Commencing the formal unsatisfactory work performance process
Where the Employer considers that informal attempts to address an Employee’s
unsatisfactory work performance have been unsuccessful, the Employer may proceed to
manage the Employee’s unsatisfactory work performance in accordance with, but not limited
to, all or some of the following measures:
(a) increased supervision;
(b) changes to the Employee’s performance plan;
(c) mentoring;
(d) training and professional development;
(e) increased feedback; and
(f) coaching.
21.9 First stage – formal counselling
(a) The first stage of management of unsatisfactory work performance is formal
counselling of the Employee. The Employer 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) If the Employer determines that the Employee has met the required standard of
performance during a reasonable timeframe referred to in clause 21.9(a)(iv) the
Employer will notify the Employee that:
(i) the formal unsatisfactory work performance process has been completed; and
(ii) no further action will be taken by the Employer 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.
(e) A copy of this notification will be placed on the Employee’s personnel file.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 28
21.10 Second stage – formal written warning
(a) The Employee will be given a formal written warning by the Employer, if:
(i) the Employee’s performance has not improved within a reasonable period of
time following formal counselling in accordance with clause 21.9(a)(iv) and/or
(ii) the Employee engages in further unsatisfactory work performance.
(b) The Employer must:
(i) advise the Employee of the unsatisfactory work performance;
(ii) outline the standard required of the Employee; and
(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 expected 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
the possibility that the 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 the Employer determines that the Employee has met the required standard of
performance during the reasonable timeframe referred to in clause 21.10(b)(iv) the
Employer will notify the employee that:
(i) the formal unsatisfactory work performance process has been completed; and
(ii) no further action will be taken by the Employer 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.
21.11 Third stage – final warning
(a) The Employee will be given a final written warning by the Employer, if:
(i) the Employee’s performance has not improved within the reasonable period of
time following receipt of a formal written warning in accordance with
clause 21.10(b)(iv); and/or
(ii) the Employee engages in further unsatisfactory work performance.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 29
(b) The Employer must:
(i) advise the Employee of the unsatisfactory work performance;
(ii) outline the standard required of the Employee; and
(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 expected 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 the Employer determines that the Employee has met the required standard of
performance during the reasonable timeframe referred to in clause 21.11(b)(iv) the
Employer will notify the Employee that:
(i) the formal unsatisfactory work performance process has been completed; and
(ii) no further action will be taken by the Employer 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.
21.12 Determination of unsatisfactory work performance outcome
(a) In the event that the Employee’s performance has not improved within the reasonable
time period following the process set out in clauses 21.9 and 21.10 and on receipt by
the Employee of the final written warning in accordance with clause 21.11 the
Employer 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 21.12(a), the Employer will determine the
unsatisfactory work performance outcome that is to apply to the Employee.
(c) The possible 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
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 30
(ii) termination of the Employee’s employment.
(d) The Employer will advise the Employee of the unsatisfactory work performance
outcome in writing and a copy will be placed on the Employee's personnel file.
21.13 Disputes
(a) Any disputes arising under this clause may only be dealt with in accordance with
clause 12 when any of the following are placed on the Employee’s personnel file in
accordance with this file (this may include whether clause 21.5 has been complied with
in the Employer 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 21.9(d), 21.10(e) or
21.11(e); or
(v) a record of unsatisfactory work performance outcome.
22 MANAGEMENT OF MISCONDUCT
22.1 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 the Parliamentary Officer values of leadership, accountability, respect,
responsiveness, integrity, and impartiality, with the aim of ensuring that Employees are
treated fairly and reasonably; and
(d) manage the Employee’s performance in accordance with this clause 22 instead of
clause 21 where the Employer determines that it would be more appropriate.
22.2 Application
(a) Subject to the applicable Victorian and Federal legislation, action taken by the Employer
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 of employment.
22.3 Meaning of misconduct
For the purposes of this clause misconduct includes:
(a) a contravention of a provision of the Parliamentary Administration Act 2005, 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;
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 31
(b) improper conduct in an official capacity;
(c) a contravention without reasonable excuse of a lawful direction given to the Employee
as an Employee by a person authorised to give that direction;
(d) an Employee making improper use of his or her position for personal gain; or
(e) an Employee making improper use of information acquired by him or her by virtue of
his or her position to gain personally, or for anyone else, financial or other benefits or
to cause detriment to the Parliament.
22.4 Referred matters under clause 21 – management of unsatisfactory work performance
Any matters that have arisen under the management of unsatisfactory work performance
process in clause 21 may be considered in the misconduct process pursuant to this clause 22.
22.5 Employee representation
An Employee is entitled to be represented by a person of their choice (including a union
representative) at any stage of the misconduct process.
22.6 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) The Employer will:
(i) advise 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 mitigating
circumstances.
(d) The Employer must take into account any reasonable explanation of any failure by the
Employee to participate before making a decision under this clause 22.
22.7 Directions
(a) Where Employee misconduct is alleged, the Employer 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 22.10; or
(ii) determine that it is appropriate to immediately commence an investigation of the
alleged misconduct in accordance with clause 22.10.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 32
(iii) direct the Employee to proceed immediately to perform alternative duties or
work at an alternative place of work; and/or
(iv) direct the Employee not to speak to other Employees of the Employer about the
matter or not to visit certain places of work; and/or
(v) suspend the Employee with pay.
(b) In the event that the Employer exercises rights under clause 22.7(a)(v) the Employer
will:
(i) review this decision no later than a date which is four weeks after the
commencement of the suspension; and
(ii) confirm whether the suspension is to continue or is no longer necessary.
(c) The Employer 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 22.
22.8 Advising the employee
(a) As soon as practicable after an allegation of misconduct has been made and the
Employer has determined in accordance with clause 22.7(a)(i) or clause 22.7(a)(ii) that
an investigation is required, the Employer 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.
22.9 Admissions by Employee
(a) The Employee may at any stage elect to admit the alleged misconduct.
(b) If the Employee admits the alleged misconduct, the Employer 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 misconduct clause 22.12
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 22.11.
22.10 Investigation of alleged misconduct
(a) Where an investigation is required, the Employer will appoint a person to conduct an
investigation into the alleged misconduct. Where appropriate, the investigation may
be conducted by the Employee’s immediate manager. The appointed person must not
have any prior personal involvement in the matter.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 33
(b) The Employer 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) seeking an explanation from the Employee; and
(vi) investigating any explanation made by the Employee for the purposes of verifying
the explanation so far as possible.
(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 the Employer, 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, the
Employer will consider this information and propose a discipline outcome.
22.11 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.
22.12 Determination of Discipline Outcome
(a) The Employer 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 22.9; and
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 34
(iv) any prior disciplinary outcomes;
and then determine the discipline outcome that is to apply to the Employee. The
discipline outcome must not be disproportionate to the seriousness of the matter.
(b) 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;
(vii) termination of employment.
(c) The Employer will advise the Employee of the discipline outcome in writing and a copy
will be placed on the Employee’s personnel file.
22.13 Informing Employee who raised allegations of misconduct
If a process was conducted in accordance with this clause because of an allegation of
misconduct by another Employee, the Employer must advise that Employee that the
allegation has been dealt with in accordance with this clause, and may provide the Employee
with other information as is reasonably practicable.
22.14 Disputes
Any dispute arising under this clause may only be dealt with in accordance with clause 12
(Disputes and Grievances) when any of the following are placed on the Employee’s personal
file in accordance with this clause (this may include whether clause 21.6 has been complied
with in the Employer coming to a decision):
(a) a record of formal counselling;
(b) a formal written warning;
(c) a final written warning; or
(d) a record of discipline outcome.
22.15 Potential criminal conduct
Where alleged misconduct is the subject of a process in accordance with this clause 22 and
is also the subject of a criminal investigation or criminal proceedings, the Employer is not
required to delay or cease the management of misconduct process under this clause 22 but
the Employer may exercise its discretion to do so.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 35
PART 4 - SALARIES AND RELATED MATTERS
23 CLASSIFICATION, SALARY AND SALARY INCREASES
23.1 Classification - general
(a) Positions will be classified within Grades 1 to 7 based on work value.
(b) Grades are divided into value ranges. The salary range for each grade and the size and
number of value ranges are detailed in the table at clause 23.6.
(c) Employees will be employed within one of these grades and value ranges based on
work requirements in accordance with the Classification and Value Range Standard
Descriptors.
23.2 Movement between value ranges
(a) Employees and/or positions can move between value ranges.
(b) Movement between the value ranges can occur following a job resizing review. The
review process includes an assessment of the work the Employer requires to be
undertaken and the performance of that work by the Employee. These are assessed
against the benchmarks specified in the Classification and Value Range Standard
Descriptors.
(c) An Employee can request a job reclassification review. Such requests will be considered
in a timely manner by the Employer.
23.3 Classification and salary on appointment
Employees will be appointed to a grade and value range based on work requirements in
accordance Classification and Value Range Standard Descriptors.
23.4 Grade 1 Classification
(a) The Grade 1 classification is for a training Grade for employees participating in a formal
trainee or cadetship program or other similar public sector wide entry level
employment programs.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 36
23.5 Salary Increases
(a) Employees employed by the Employer at, or after the date of commencement of this
Agreement will receive the following salary increases.
Date of
Effect
20 March
2020
1 December
2020
1 September
2021
1 June
2022
1 March
2023
1 December
2023
Percentage
Increase
1.50% 1.25% 1.50% 1.25% 1.50% 1.00%
(b) Effective from each date specified in clause 23.5(a), the salary ranges applicable to
the Parliamentary Officer Classification structure are as set out in clause 23.6.
(c) Increases to salary caps for certain entitlements
Where eligibility for any Employee entitlement is to be calculated by reference to a rate
of pay, then the rate of pay will be increased by the same increases and from the same
operative dates as provided for in clause 23.5(a).
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 37
23.6 Parliamentary Officer Salary rates will apply as follows
PROGRESSION
STEPS/SALARY
POINTS
20 March
2020
1.50%
RANGE &
PDP
AMOUNT
1 December
2020
1.25%
RANGE &
PDP
AMOUNT
1 September
2021
1.50%
RANGE &
PDP
AMOUNT
G
RA
D
E
1 G1.1 $48,623
$48,623
$51,616
$49,231
$49,231
$52,261
$49,969
$49,969
$53,045
G1.2 $49,619 $50,239 $50,993
G1.3 $50,617 $51,250 $52,019
G1.4 $51,616 $52,261 $53,045
G
RA
D
E
2
G2.1.1 $53,280
$53,280
$60,851
$53,946
$53,946
$61,612
$54,755
$54,755
$62,536
G2.1.2 $54,362 $55,042 $55,868
G2.1.3 $55,443 $56,136 $56,978
G2.1.4 $56,527 $57,234 $58,093
G2.1.5 $57,605 $58,325 $59,200
G2.1.6 $58,689 $59,423 $60,314
G2.1.7 $59,770 $60,517 $61,425
G2.1.8 $60,851 $61,612 $62,536
G2.2.1 $61,931
$61,931
$68,421
$62,705
$62,705
$69,276
$63,646
$63,646
$70,315
G2.2.2 $63,013 $63,801 $64,758
G2.2.3 $64,094 $64,895 $65,868
G2.2.4 $65,177 $65,992 $66,982
G2.2.5 $66,256 $67,084 $68,090
G2.2.6 $67,340 $68,182 $69,205
G2.2.7 $68,421 $69,276 $70,315
G
RA
D
E
3
G3.1.1 $69,917
$69,917
$77,407
$70,791
$70,791
$78,375
$71,853
$71,853
$79,551
G3.1.2 $71,416 $72,309 $73,394
G3.1.3 $72,915 $73,826 $74,933
G3.1.4 $74,412 $75,342 $76,472
G3.1.5 $75,907 $76,856 $78,009
G3.1.6 $77,407 $78,375 $79,551
G3.2.1 $78,903
$78.903
$84,895
$79,889
$79,889
$85,956
$81,087
$81,087
$87,245
G3.2.2 $80,403 $81,408 $82,629
G3.2.3 $81,900 $82,924 $84,168
G3.2.4 $83,395 $84,437 $85,704
G3.2.5 $84,895 $85,956 $87,245
G
RA
D
E
4
G4.1 $86,558
$86,558
$98,210
$87,640
$87,640
$99,438
$88,955
$88,955
$100,930
G4.2 $88,502 $89,608 $90,952
G4.3 $90,443 $91,574 $92,948
G4.4 $92,381 $93,536 $94,939
G4.5 $94,327 $95,506 $96,939
G4.6 $96,268 $97,471 $98,933
G4.7 $98,210 $99,438 $100,930
G
RA
D
E
5 G5.1 $99,872
$110,355
$2,994
$101,120
$111,734
$3,031
$102,637
$113,410
$3,076 G5.2 $110,357
$120,838
$111,736
$122,348
$113,412
$124,183
G
RA
D
E
6 G6.1 $122,502
$143,219
$3,780
$124,033
$145,009
$3,827
$125,893
$147,184
$3,884
G6.2 $143,220
$163,934
$145,010
$165,983
$147,185
$168,473
Se
ni
or
T
ec
hn
ic
al
Sp
ec
ia
lis
t
G7.1 $166,390
$186,355
$6,209
$168,470
$188,684
$6,287
$170,997
$191,514
$6,381
G7.2 $186,359
$206,325
$188,688
$208,904
$191,518
$212,038
G7.3 $206,325
$226,292
$208,904
$229,121
$212,038
$232,558
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 38
PROGRESSION
STEPS/SALARY
POINTS
1 June 2022
1.25%
RANGE &
PDP
AMOUNT
1 March 2023
1.50%
RANGE &
PDP
AMOUNT
1 December
2023
1.00%
RANGE &
PDP
AMOUNT
G1.1 $50,594
$50,594
$53,708
$51,353
$51,353
$54,514
$51,867
$51,867
$55,059
G1.2 $51,630 $52,404 $52,928
G1.3 $52,669 $53,459 $53,994
G1.4 $53,708 $54,514 $55,059
G2.1.1 $55,439
$55,439
$63,318
$56,271
$56,271
$64,268
$56,834
$56,834
$64,911
G2.1.2 $56,566 $57,414 $57,988
G2.1.3 $57,690 $58,555 $59,141
G2.1.4 $58,819 $59,701 $60,298
G2.1.5 $59,940 $60,839 $61,447
G2.1.6 $61,068 $61,984 $62,604
G2.1.7 $62,193 $63,126 $63,757
G2.1.8 $63,318 $64,268 $64,911
G2.2.1 $64,442
$64,442
$71,194
$65,409
$65,409
$72,262
$66,063
$66,063
$72,985
G2.2.2 $65,567 $66,551 $67,217
G2.2.3 $66,691 $67,691 $68,368
G2.2.4 $67,819 $68,836 $69,524
G2.2.5 $68,941 $69,975 $70,675
G2.2.6 $70,070 $71,121 $71,832
G2.2.7 $71,194 $72,262 $72,985
G3.1.1 $72,751
$72,751
$80,545
$73,842
$73,842
$81,753
$74,580
$74,580
$82,571
G3.1.2 $74,311 $75,426 $76,180
G3.1.3 $75,870 $77,008 $77,778
G3.1.4 $77,428 $78,589 $79,375
G3.1.5 $78,984 $80,169 $80,971
G3.1.6 $80,545 $81,753 $82,571
G3.2.1 $82,101
$82,101
$88,336
$83,333
$83,333
$89,661
$84,166
$84,166
$90,558
G3.2.2 $83,662 $84,917 $85,766
G3.2.3 $85,220 $86,498 $87,363
G3.2.4 $86,775 $88,077 $88,958
G3.2.5 $88,336 $89,661 $90,558
G4.1 $90,067
$90,067
$102,192
$91,418
$91,418
$103,725
$92,332
$92,332
$104,762
G4.2 $92,089 $93,470 $94,405
G4.3 $94,110 $95,522 $96,477
G4.4 $96,126 $97,568 $98,544
G4.5 $98,151 $99,623 $100,619
G4.6 $100,170 $101,673 $102,690
G4.7 $102,192 $103,725 $104,762
G5.1 $103,920
$114,828
$3,114
$105,479
$116,550
$3,161
$106,534
$117,716
$3,193 G5.2 $114,830
$125,735
$116,552
$127,621
$117,718
$128,897
G6.1 $127,467
$149,024
$3,933
$129,379
$151,259
$3,992
$130,673
$152,772
$4,032
G6.2 $149,025
$170,579
$151,260
$173,138
$152,773
$174,869
G7.1 $173,134
$193,908
$6,461
$175,731
$196,817
$6,558
$177,488
$198,785
$6,6243
G7.2 $193,912
$214,688
$196,821
$217,908
$198,789
$220,087
G7.3 $214,688
$235,465
$217,908
$238,997
$220,087
$241,387
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 39
24 PERFORMANCE, DEVELOPMENT & PROGRESSION
24.1 Transitional Arrangement
(a) Performance, development and progression arrangements for the performance cycle
1 July 2019 to 30 June 2020 will be completed under existing performance
development and progression arrangements in the Parliamentary Officers’ (Non-
Executive Staff – Victoria) Single Enterprise Agreement 2016.
(b) The performance, development and progression arrangements outlined in this clause,
will operate for the performance cycle commencing 1 July 2020, with the following
transitional arrangements:
(i) Performance development plans agreed between 1 July 2020 and the
commencement of this Agreement, prepared in accordance with the
performance development and progression arrangements in the Parliamentary
Officers’ (Non-Executive Staff – Victoria) Single Enterprise Agreement 2016, will
be taken to have been prepared in accordance with this clause
(ii) An Employee appointed on probation between 1 July 2020 and the
commencement of this Agreement will be eligible to access progression in
accordance with clause 23.3(f) of the Parliamentary Officers’ (Non-Executive
Staff – Victoria) Single Enterprise Agreement 2016.
(iii) An Employee who obtains a promotion to a position at a higher Grade or Value
Range or otherwise negotiated a salary increase between 1 July 2020 and the
commencement of the Agreement, will be eligible to access progression in
accordance with clause 23.3(f) of the Parliamentary Officers’ (Non-Executive
Staff – Victoria) Single Enterprise Agreement 2016.
(iv) The eligibility requirements set out in clause 24.5 below apply on and from the
date this Agreement commence operation.
(v) The entitlement to additional progression payments for Employees returning
from primary caregiver parental leave applies in respect of a period of primary
caregiver parental leave which commence on or after 1 July 2020.
24.2 Performance Cycle and Review
(a) The performance development and review process is the framework within which an
Employee’s performance and development is planned, managed and reviewed to
determine whether an Employee is entitled to progression or a top of grade or value
range payment at the end of the performance cycle.
(b) Progression means advancing to the next progression step for Grades 1 – 4 or adding
next progression amount to substantive salary for Grades 5-7 in accordance with this
clause.
(c) Top of grade or value range payment means the 1 per cent lump sum of the Employee’s
salary as at 30 June of the performance cycle paid in accordance with this clause to an
Employee at the top of their grade or value range in lieu of progression.
(d) The performance cycle is twelve months (1 July to 30 June).
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 40
(e) All Employees must participate in the performance, development and review process,
including in the development of performance development plans and conduct of
performance discussions and reviews.
(e) Employees who refuse to participate in the performance, development and review
process will be ineligible for progression or top of grade or value range payment, unless
the Employee’s lack of participation is due to the Employer’s failure to initiate the
performance development process.
(f) The performance development and review process has three stages
STAGE DESCRIPTION
Commencement of
the Performance
Cycle
Employer and Employee agree to a performance development plan
outlining:
the agreed performance goals appropriate to the
Employee’s role and
the agreed learning and development goals required for the
Employee’s role and/or to build the Employee’s
professional capacity and career opportunities.
In addition, the Employee is expected to comply with the
Parliamentary Officer Code of Conduct.
Collectively, these three elements constitute the Employee’s
Progression Criteria. The expected standard for the setting of
progression criteria is outlined in clause 24.3.
Mid-Cycle
Performance
Review
Undertake around the mid-point of the performance cycle, the
Employer and Employee meet to monitor and assess the
Employee’s performance towards meeting their progression
criteria.
End of Cycle
Performance
Review
Undertake at the end of each performance cycle during which the
Employee’s performance throughout the performance cycle is
assessed to determine whether they have met the progression
criteria.
(g) All Employees can expect informal and formal feedback about their performance
throughout the performance cycle from their supervisor or manager.
24.3 Progression Criteria
(a) The progression criteria are to be agreed with each Employee at the start of the
performance cycle or on the Employee’s commencement in a role. The progression
criteria may be adjusted by agreement during the performance cycle.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 41
(b) Progression criteria should be sufficiently detailed and clear to enable proper
assessment of performance to occur and be consistent with the Employee’s role, skills,
capabilities and the relevant classification descriptors.
(c) Central to the performance, development and review process is the need for
supervisors and managers, in consultation with Employees, to determine what should,
and can, be delivered to warrant progression through a combination of increased
capability, productivity, performance and professionalism. This interaction between
managers and Employees gives authority and integrity to the structure and its
sustainability in the long term.
(d) Setting Progression Criteria
(i) Grades 1 to 4 classified Employees
For Grades 1 to 4, progression criteria will not be as onerous as those required
for Grades 5 to 7.
While Grades 3 and 4 are clearly seen as transition points to higher levels of
management within the structure and carry additional responsibility, this does
not mean work at all lower levels will not be important and demanding.
However, it is expected that in setting agreed progression criteria, the
overwhelming majority of persons within Grades 1 to 4 will achieve the
objectives and should move through the salary points.
(ii) Grades 5 to 7 classified Employees
In setting progression criteria for Grades 5 to 7 classified Employees, it is
expected progression will:
includes measures of excellence and skill acquisition; and
be commensurate with the higher level of responsibility expected of
positions of these Grades; and
be more challenging and difficult to achieve.
(e) The Employer should facilitate an individual Employee’s ability to undertake
appropriate learning and development. An individual Employee must actively pursue
appropriate learning and development to build professional capacity and career
opportunities.
24.4 Progression Steps, Progression Amounts and Top of Grade or Value Range payment
(a) Within each value range of Grades 1 to 4 there are progression steps (expressed as
salary points) as detailed in clause 24.6.
(b) Within Grades 5 to 7 there are standard progression amounts as detailed in Clause
24.6. The progression amounts are expressed in terms of dollars and are common to
all Employees within a given grade/value range.
(c) Progression steps or amounts within value ranges are not points of defined work value.
Progression within the salary structure will not be automatic, consistent with wage
fixing principles.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 42
(d) An Employee at the top of their grade or value range who achieves progression (as
described in clause 23.8), will, in lieu of a progression step or progression amount
receive a top of grade or value range payment equal to one per cent of the Employee’s
salary as at 30 June of the relevant performance cycle.
24.5 Eligibility requirements for Progression or a Top of Grade or Value Range Payment.
(a) Employees are eligible to be considered for a progression or a top of grade or value
range payment unless any of the exclusions in clause 24.5(b) apply.
(b) An Employee is not eligible to be considered for a progression or top of grade or value
range payment in respect of a performance cycle if:
(i) the Employee has been continuously employed by the Employer for less than
12 months as at the end of the Performance Cycle; or
(ii) the Employee obtained a promotion to a position at a higher grade or value
range or otherwise negotiated a salary increase, within the performance cycle;
or
(iii) the Employee was subject to a formal underperformance process under Clause
21 at any time during the performance cycle; or
(iv) the Employee is subject to proven misconduct as per clause 22 during the
course of the Performance Cycle. If the investigation of alleged misconduct
spans more than one performance cycle, the eligibility exclusion is to be applied
in the performance cycle in which the determination of the discipline outcome
(under clause 22.12) of the Agreement) is made. If a misconduct investigation
is ongoing but has not yet concluded the Employee is eligible to be considered
for progression or top of grade or value range payment but the Employer is not
precluded from considering matters which have arisen under clause 21. in
assessing whether the Employee has met their progression criteria where it is
fair and reasonable to do so.
(c) For the purposes of this clause a promotion does not include any moves to the next
grade or value range:
(i) which resulted in the Employee receiving less than the equivalent of one
progression step or amount; or
(ii) occurred following a job re-sizing review process conducted under clause 23.2.
24.6 Eligibility requirements for Progression or Top of Grade or Value Range payment – Higher
Duties
(a) If an Employee has been acting in a higher position for a period of twelve’s months at
the end of the performance cycle and neither clauses 24.5(b)(ii), 24.5(b)(iii) or
24.5(b)(iv) apply to the Employee, the Employee will be eligible to be considered for
progression or top of grade or value range payment for continued performance of the
higher duties beyond 12 months.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 43
(b) If an Employee progresses to the next progression step or amount while acting in a
higher position they will progress to the next progression step /amount within in their
substantive grade (if applicable).
(c) An Employee who has been acting in a higher position for a period of less than twelve
months at the end of the performance cycle may be eligible to be considered for
progression or a top of grade or value range payment at their substantive grade or
value range, if they are not otherwise ineligible because of the operation of clause 24.5.
24.7 Progression payments for Employees returning from Primary Caregiver Parental leave
(a) An Employee is entitled to advance two progression steps or amounts or be paid two
top of grade or value range payment in the following circumstances”
(i) The Employee was not considered for progression or a top of grade or value
range payment due to the Employee’s absence on a period of primary carer
parental leave not exceeding 52 weeks; and
(ii) The Employee is otherwise eligible to be considered for progression or a top of
grade or value range payment; and
(iii) The Employee is assessed as meeting progression criteria in the performance
cycle in which the Employee returns to work.
(b) Any progression or top of grade or value range payment will be processed by the
Employer at the same time as other progression outcomes resulting for the
performance cycle following the Employee’s return to work.
(c) An Employee’s absence from work on parental leave for part of a relevant performance
cycle must not disadvantage the Employee in the Employer’s application of the
progression criteria.
24.8 Achieving Progression or Top of Grade or Value Range Payment
(a) Progression between progression steps or amounts or the payment of a top of grade
or value range payment will occur if the Employee:
(i) meets the eligibility requirements set out in clauses 24.5 or 24.6 (as relevant);
and
(ii) is assessed as having met their progression criteria at the end of cycle
performance review.
(b) An end of cycle performance review is undertaken at the end of each performance
cycle. The Employee’s performance against the progression criteria is assessed by their
supervisor or manager at that time.
(c) An Employee will not be disadvantaged where through the Employer’s act or omission:
(i) learning and development opportunities are not available; or
(ii) a performance development plan is not completed; or
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 44
(iii) a mid-cycle or end of cycle performance review is not conducted.
(d) Where an Employee is assessed as having not met their agreed progression criteria, the
Employee will not obtain progression or be paid a top of grade or value range payment.
24.9 Operation of Progression Steps or Amounts or Top of Grade or Value Range Payment where
progression is achieved.
(a) Other than as provided for in clause 24.9(b), progression will take effect backdated to
1 July following the completion of the performance cycle to which the progression
relates.
(b) For an Employee who:
(i) has been ineligible to be considered for progression or top of grade or value
range payment for a period of 18 months or longer as a result of the operation
of clauses 24.5(b)(i) or 24.5(b)(ii); and
(ii) is assessed as having met their progression criteria at the end of the first
performance cycle in which the Employee becomes eligible for progression
after the exclusions prescribed in clauses 24.5(b)(i) or 24.5(b)(ii) are complete;
progression will take effect backdated to 1 January in the performance cycle to which
the progression relates, or the Employee’s 18-month date, whichever is later.
(c) An Employee’s 18 month date for the purposes of clause 24.9(b) is the date 18 months
after the Employee commenced employment with the Employer (if clause24.5(b((i)
applies) or the date 18 months from the date of promotion for the purposes of clause
24.5(b)(ii).
(d) Top of grade or value range payments will be paid as a lump sum processed by the
Employer at the same time as other progression outcomes resulting for the
performance cycle following the Employee’s return to work.
25 CASUAL EMPLOYEES - LOADING
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: commuted overtime, on-call allowance, public holidays, annual leave and annual
leave loading, paid personal/carer’s leave, purchased leave, extended leave scheme, paid
parental leave, paid compassionate leave, jury service, accident make-up pay, leave to attend
rehabilitation programs and defence reserves leave.
26 SUPPORTED WAGE SYSTEM
The Parliament of Victoria will apply a supported wage system to Employees who because of
the effects of a disability are eligible for a supported wage in accordance with the
Commonwealth Government’s “Supported Wage System Guidelines and Assessment
Process”.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 45
27 PAYMENT OF SALARIES
27.1 Salaries, allowances, penalty or overtime payments due to an Employee must be paid by the
Employer by fortnightly electronic direct credit to a bank account, credit union or building
society account nominated by the Employee. In exceptional circumstances, the Employer will
make provision for off-line payments.
27.2 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.
27.3 Employees must be provided either in writing or electronically, with details of each pay
regarding the make- up of their remuneration and any deductions.
27.4 In the event that the Employee incurs cost associated with the non-payment or delays in
payment of base salary that can be attributed to the Employer, the Employee will be
compensated for the cost incurred. This may include, but is not limited to late fees, defaults,
or interest. The Employee must provide evidence of any cost incurred
27.5 In the event of an overpayment of salary, allowance, loading or other payment, the Employer
must advise the Employee. Similarly, the Employee must advise the Employer if he or she
knows there has been an overpayment. Where agreement cannot be reached on a
repayment arrangement, the Employer may recover the overpayment by instalments, to be
paid in accordance with the Parliamentary Administration Act 2005 as amended from time
to time or any successor to that Act.
28 SALARY PACKAGING
28.1 An Employee may enter into a salary packaging arrangement with the Employer using pre-
tax salary in respect of superannuation, a novated lease and/or other approved benefits
under State or Federal legislation. In the case of salary sacrifice to State Government defined
benefit superannuation schemes, arrangements must comply with State Legislation.
28.2 All costs associated with salary packaging (such as Fringe Benefits tax), including the
Employer’s administrative costs, are to be met from the salary of the participating Employee.
29 INCREASES TO ALLOWANCES
29.1 General provisions
(a) Work or conditions allowances will be paid by the Employer subject to the Employee
meeting the requirements for receipt of the allowance.
(b) Allowances expressed as a percentage of salary shall be adjusted to reflect the salary
increases provided for in clause 23.5.
29.2 First aid allowance
(a) Where an Employee, in addition to his or her normal duties, agrees to be appointed by
the Employer to perform first aid duties:
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 46
(i) the Employee must hold a current first aid certificate issued by St John Ambulance
Australia or an equivalent qualification;
(ii) the Employee will be paid an annual allowance payable in fortnightly instalments;
(iii) this allowance will be as follows
EFFECTIVE
DATE
1 March
2020
1 March
2021
1 March
2022
1 March
2023
AMOUNT PER
ANNUM $647 $660 $673 $686
(b) The Employer must reimburse any additional costs incurred by the Employee in
obtaining and maintaining the first aid qualification.
29.3 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 a period of 5 consecutive working
days or longer. A “higher classified position” includes a position classified at a higher
value range.
(b) In exceptional circumstances, a Department Head may approve payment of a higher
duties allowance, where it is fair and reasonable to do so, for a period other than 5
consecutive working days.
(c) The level of allowance shall be in proportion to the extent of the higher duties
performed, and shall be calculated on the base of the grade or value range.
(d) Paid leave taken during a higher duties assignment shall be paid inclusive of the
allowance, provided the Employee resumes the duties of the higher duties position on
his/her return from leave.
(e) Where an Employee has been acting in a higher position for a period of twelve months,
the Employee shall be eligible for consideration for progression payment for continued
performance of the higher duties activities beyond 12 months.
29.4 Language Allowance
(a) Where the Employee, in addition to their normal duties, agrees to be appointed by the
Employer to use their skills in a second language to assist members of the public who
have low English proficiency.
(i) The Employee must hold a current accreditation from the National
Accreditation Authority for Translators and Interpreters (NAATI); and
(ii) The Employee will be paid an annual allowance payable in fortnightly
instalments as follows:
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 47
DATE OF EFFECT LANGUAGE AIDE
ACCREDITATION
PARA PROFESSIONAL
INTERPRETER
ACCREDIDATION
INTERPRETER
ACCREDITATION OR
HIGHER
20 March 2020 $1,114 $1,534 $2,091
1 December 2020 $1,128 $1,553 $2,117
1 September 2021 $1,145 $1,576 $2,149
1 June 2022 $1,160 $1,596 $2,176
1 March 2023 $1,177 $1,620 $2,208
1 December 2023 $1,189 $1,636 $2,230
(b) The Employer will pay the cost of the NAATI pre-testing workshop.
(c) The Employer will also meet the cost of the NAATI test, up to two time per Employee
per level of accreditation. The Employee must apply annually for renewal of the
allowance.
(d) The Employer will assess the Employee’s renewal application to determine whether the
Employee still requires the Employee to perform interpreting duties.
30 REIMBURSEMENT OF EXPENSES
30.1 General provisions
(a) The Employer will reimburse the Employee his or her reasonable out of pocket
expenses actually and necessarily incurred in the course of his or her authorised duties.
(b) The Employer must apply the rulings of the Commissioner of Taxation (Australian Tax
Office) relating to reasonable allowances in determining the maximum rates payable,
unless otherwise agreed.
(c) The amount of an expense will be considered reasonable where it does not exceed the
relevant amounts set by the Australian Tax Office as adjusted from time to time.
30.2 Allowable expenses include:
(a) Travelling, accommodation, meals and other incidental expenses associated with an
overnight absence from home or part day duties away from the normal work location.
(b) Expenses incurred in using private mobile and home phones in accordance with clause
30.3.
(c) Expenses incurred in using private vehicles in accordance with clause 30.4.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 48
30.3 Private mobile and home phone use
(a) An Employee, required to use his/her private mobile phone or home phone in the
course of their employment, will be reimbursed for work-related calls under their plan.
(b) The Employee must obtain the prior approval of the Employer before using their private
mobile or home phone during the course of their employment.
(c) Following use, the Employee must submit an itemised statement of the calls made and
their cost.
30.4 Private motor vehicle use
(a) An Employee, required to use his/her private motor vehicle in the course of his/her
employment, will be reimbursed for kilometre costs and any other motor vehicle
reimbursement expenses incurred in the course of the Employee’s employment and
authorised by the Employer.
(b) The Employee must obtain the prior approval of the Employer before using their private
motor vehicle during the course of their employment.
(c) Following use, the Employee must submit a declaration stating the date, the purpose
of the trip, the number of kilometres travelled and the type of vehicle used.
(d) The rates payable in respect of motor kilometre costs will be the rates determined by
the Australian Tax Office from time to time.
30.5 Expense claims
(a) An Employee must submit official receipts as soon as practicable after the event as
evidence of expenditure incurred, except where the Employee uses his/her own motor
vehicles for work purposes in which case the Employee will submit a declaration in
accordance with clause 30.4(c).
(b) A declaration from the Employee that the expense was incurred may be accepted if the
receipt is lost or misplaced, and suitable verification can be made. A declaration from
the Employee that an incidental expense was incurred may be accepted if the Employer
and the Employee agree that the obtaining of a receipt was impractical.
(c) The Employer will pay the Employee money owing under this clause in a manner to be
agreed between the Employer and Employee as soon as practicable, but not later than
2 pay periods after the Employee submits a claim.
(d) Upon request, the Employer will provide an advance for the expected costs associated
with work related travel or any other exercise where an Employee is likely to incur work
related expenses. As soon as practicable after the event, the Employee will provide the
Employer with an account of all expenses incurred together with receipts (and where
necessary a statement) together with any balance owed to the Employer.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 49
31 MEAL ALLOWANCE
(a) Subject to the provisions of clause 42 (Additional hours - overtime & time in lieu) an
Employee will be eligible to receive an overtime meal allowance if the Employee is
required to work a period of overtime which:
(i) is immediately before or after a scheduled period of ordinary hours of work and
is more than two hours in duration, and subsequently, after every four
additional hours worked; or
(ii) is a stand-alone period of overtime that is four hours or more in duration.
(b) this allowance will be as follows:
DATE OF EFFECT OVERTIME MEAL
PAYMENT
20 March 2020 $29.05
1 December 2020 $29.41
1 September 2021 $29.85
1 June 2022 $30.23
1 March 2023 $30.68
1 December 2023 $30.99
(c) For operational reasons meal breaks within work units may be staggered and the timing
of breaks will not impact eligibility to access a meal allowance.
(d) An Employee, required to work additional hours on a Saturday, Sunday or Public
Holiday shall be entitled to a meal break and meal allowance after four hours work,
provided the Employee is required to work beyond the fourth hour.
(e) A meal allowance will not be payable in instances where the Employer provides food
and refreshments.
32 SITTING ALLOWANCE
32.1 Where, as a consequence of the sitting of either House, or Standing Committee meeting on
a sitting day an Employee classified between Grades 1 and 4 is required to work 12
consecutive hours (excluding meal breaks), the Employer shall pay the Employee a sitting
allowance in addition to normal overtime entitlements.
32.2 This allowance will be as follows:
DATE OF EFFECT AMOUNT PER OCCURRENCE
20 March 2020 $101.94
1 December 2020 $103.21
1 September 2021 $104.76
1 June 2022 $106.07
I March 2023 $107.66
1 December 2023 $108.74
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 50
32.3 This entitlement will continue to apply to Employees who were employed prior to 19
November 2007 and were previously eligible to receive the sitting allowance.
33 EXTENDED DUTY ALLOWANCE
33.1 Where, as a consequence of the sitting of either House, or Standing Committee meeting on
a sitting day a Category A and B Employee classified as Grade 5 to 7 is required to continue
to work 12 consecutive hours (excluding meal breaks) the Employer shall pay the Employee
an extended duty allowance.
33.2 This allowance will be as follows:
DATE OF EFFECT AMOUNT PER OCCURRENCE
20 March 2020 $213.15
1 December 2020 $215.81
1 September 2021 $219.05
1 June 2022 $221.79
1 March 2023 $225.12
1 December 2023 $227.37
33.3 This entitlement will continue to apply to Employees who were eligible to receive the
extended duty allowance under the provisions provided for in the Parliamentary Officers’
(Non-Executive Staff – Victoria) Union Collective Agreement 2007.
34 EXCESS TRAVELLING TIME
34.1 An Employee who is directed to work temporarily at a location other than his or her normal
place of employment shall be granted time off during ordinary hours of work in respect of
any period of excess travelling time so incurred.
34.2 Time off in accordance with the provisions of this clause shall be granted:
(a) at a time convenient to the Employer, having regard to the operation of the Parliament;
(b) only in respect of that time spent outside the Employee's ordinary hours of duty;
(c) only in respect of time in excess of that usually spent by the Employee in travelling to
and from his or her normal work location, or 30 minutes per day, whichever is the
greater; and
(d) only to Employees whose salary does not exceed that prescribed for Grade 5.
35 SUPERANNUATION
35.1 The Employee, regardless of age, will be offered by the Employer membership of a complying
superannuation fund for the purposes of the Superannuation Industry (Supervision) Act 1993
(Cth) (unless they are a member of a Victorian exempt public sector superannuation scheme).
The Employer will contribute, or will be deemed to contribute, to this fund or another
approved fund an amount in accordance with the Commonwealth Superannuation Guarantee
Administration Act 1992 (Cth).
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 51
35.2 Employer contribution in respect of Primary Caregiver Parental Leave
(a) An Employee is entitled to have superannuation contributions made in respect of
the period of the Employee’s Primary Caregiver Parental Leave which concludes on or
after the day this Agreement comes into operation.
(b) The Employer will pay the superannuation contributions as a lump sum to the
Employee’s fund as provided for in clause 35.1.
(c) 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.
(d) The quantum of superannuation contributions payable under this clause will be
calculated based on:
(i) The number of weeks of Primary Caregiver parental leave taken by the
Employee capped at 52 weeks; and
(ii) The Employee’s weekly pay calculated in accordance with clause 53.25 of the
Agreement; and
(iii) The applicable contribution rate under the Superannuation Guarantee
Administration Act 1992 (Cth) at the time the payment is made.
36 CHILDCARE
Where Employees are required by the Employer 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 the Employer, the Employee will be reimbursed for reasonable childcare
expenses incurred. Evidence of expenditure incurred by the Employee must be provided to
the Employer as soon as practicable after the working of such overtime.
37 PRODUCTIVITY PRINCIPLES AND PAYMENT
For the life of this Agreement, Productivity Principles and once-off Payment will apply as set
out in Schedule 2 of the Agreement.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 52
PART 5 – WORKING HOURS, LEAVE AND RELATED MATTERS
38 HOURS OF WORK
38.1 Ordinary Hours of Work
(a) The ordinary hours of work for Employees except for casual and part-time Employees
will average 76 (exclusive of meal breaks), to be worked over an average of no more
than 10 days per fortnight.
(b) The ordinary hours of work shall be worked between the hours of:
(i) 7.00am and 7.00pm, Monday to Friday; or
(ii) 6.00am and 6.00pm, Monday to Friday for Employees, employed in the Buildings
and Grounds Services unit.
(iii) Such other hours as mutually agreed.
38.2 Spread of Hours – Flexible arrangement of hours of work
(a) The ordinary hours of work shall, by agreement, be worked flexibly to best meet both
the Employer’s work requirements and the Employee’s personal and/or family
circumstances.
(b) The actual days and hours of work will be those agreed between the Employer and the
Employee. Either party may seek to alter the days or hours of duty. Agreement to such
alteration shall not be unreasonably withheld, taking into account the personal/family
circumstances of the Employee, and the work requirements of the Employer. In the
absence of agreement, the aggrieved party may utilise the disputes and grievance
procedure in clause 12.
(c) The Employer must not require an Employee to:
(i) perform ordinary hours of work outside the times set out in clauses 38.1(b) and
on any weekday (the “span of hours”) except Employees working in relation to
the sittings of either House; or
(ii) perform ordinary hours of work on Saturdays, Sundays or Public Holidays.
(d) In determining the days and hours of duty, both the Employer and the Employee accept
that the Employee is eligible to use the flexibility of these arrangements to take time
off by agreement, subject to meeting the specified leave requirement(s) and not unduly
affecting the work requirements of the Employer. Agreement by the Employer will not
be unreasonably withheld.
38.3 Flexitime
(a) Flexitime will be made available to all Employees. The period during each day when
flexitime credits can accrue is set out in clause 38.1(b).
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 53
(b) Full time employees are expected to be at work during the core working hours of
9.30am until 12 noon and 2.00pm until 4.00pm unless mutually agreed between the
Employer and the Employee.
(c) Employees will be required to keep a record of their flexitime, which will be approved
by their supervisor each settlement period. Each settlement period is 14 calendar-days,
coinciding with the commencement of a pay fortnight.
(d) The maximum flex credit or debit that can be carried over between settlement periods
is 7 hours and 36 minutes.
(e) Time accrued in excess of 7 hours and 36 minutes at the end of a settlement period
must be allocated to the Christmas Club, to be used over the days between Christmas
and New Year when the Parliament of Victoria is closed.
(f) Notwithstanding sub-clause 38.3(d), an Employee may allocate any flex credit at the
end of a settlement period to the Christmas Club.
(g) Once flex credits allocated to the Christmas Club reach the equivalent number of days
that the Parliament of Victoria is closed between Christmas and New Year, time accrued
in excess of 7 hours 36 minutes at the end of each settlement period may be forfeited.
(h) Employees who are terminating their employment shall be responsible for reducing any
flex credit or debit in advance of their last day of duty with the Employer. No payment
will be made for any accrued flex credit on cessation of employment.
(i) The Employer will deduct salary for any flex debit still outstanding at the conclusion of
the Employee's service.
39 WORK BREAKS
Employees shall be entitled to take such breaks during the working day as are needed for
health and safety.
40 MEAL BREAKS
40.1 The Employer will grant meal breaks at times suitable to operational requirements, where
possible taking into account the wishes of the Employee. The number, starting and finishing
times of meal breaks will be specified.
40.2 Except where otherwise permitted by this clause, the Employee will not be required to work
for more than five hours without an unpaid meal break. The length of the meal interval must
be at least thirty minutes.
40.3 If for operational or emergency reasons the Employee is required to remain on duty, he or
she may arrange to take meals during their hours of duty without a specific meal break.
40.4 Where the Employee is required by his or her supervisor to work through their meal break in
accordance with sub-clause 40.3, time in lieu or payment for overtime will be approved in
accordance with this Agreement.
40.5 If for operational reasons it is impractical for all Employees within a work group to observe
the same time for the taking of a meal break, meal breaks may be staggered.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 54
41 MAXIMUM DAILY HOURS
41.1 No Employee shall be required to work more than 14 hours in any one period of 24 hours,
except in exceptional circumstances associated with the late sittings of either House.
41.2 The Employer shall endeavour to minimise the risk to Employee health and safety of working
more than 14 consecutive hours without sufficient rest breaks.
41.3 Wherever possible, the Employee shall be granted a 10-hour break between the cessation of
duty on one day and the recommencement of duty on the same or following day.
41.4 Where a 10-hour break is not provided, the Employee shall be entitled to time off in lieu on
an hour for hour basis equal to the difference between 10 hours and the actual break
provided.
41.5 Time off in lieu accrued under this clause shall be taken at a time mutually agreed between
the Employee and the relevant Department Head, provided that the Department Head may
require such time to be taken in accordance with the requirements of clause 42.9 and 42.10.
42 ADDITIONAL HOURS (Overtime & Time in Lieu)
Subject to clause 42.2 and 42.4, additional hours worked will be compensated as either
overtime or time in lieu and refers to the hours worked, at the direction of the Employer, or
by prior agreement between the Employer and the Employee which are in addition to an
Employee’s ordinary daily hours of work on any day established in accordance with clause 38.
All Employees who work additional hours will be eligible to receive payment of a meal
allowance in accordance with clause 31.
42.1 Reasonable Hours of Work
(a) Subject to clause 42.1(b), the Employer may require an Employee to work reasonable
additional hours and the applicable compensation will be either payment at the
appropriate overtime rates or accrual of time in lieu as detailed in this clause.
(b) An Employee may refuse to work additional hours in circumstances where the working
of such additional hours would result in the Employee working hours which are
unreasonable having regard to:
(i) any risk to the Employee’s health and safety from working the additional hours;
(ii) the Employee’s personal circumstances including family responsibilities;
(iii) the needs of the workplace;
(iv) whether the Employee is entitled to receive overtime payments or other
compensation or a level of remuneration that reflects an expectation of working
additional hours;
(v) any notice (if any) given by the Employer of any request or requirement to work
the additional hours;
(vi) any notice given by the Employee of his or her intention to refuse to work the
additional hours;
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 55
(vii) the usual patterns of work for the organisation
(viii) the nature of the Employee’s role and the Employee’s level of responsibility
(ix) whether the additional hours are in accordance with averaging terms included in
the Agreement that applies to the Employee or with an averaging arrangement
agreed to by the Employer or the Employee
(x) any other relevant matter.
(c) The Parties to this Agreement accept that on sitting days, Category A and B staff will
work additional hours as required except in the case of matters of pressing necessity.
42.2 Requirement to pay overtime
(a) An Employee who works additional hours and who is eligible to receive overtime
payments must be paid at the appropriate overtime rate specified in sub-clauses 42.4,
42.5 and 42.6 below. Exceptions are provided at clause 42.3 below.
(b) An Employee may request that compensation for additional hours worked be granted
as time in lieu. If the Employer agrees, time in lieu of payment will accrue at the rate
specified in clause 42.9.
42.3 Exceptions
(a) Clause 42.2 does not apply to:
(i) Employees classified at Grade 5 or higher; or
(ii) All Employees who are employed on a part time basis working less than 38 hours
a week, who are not shift workers and are subject to overtime conditions
contained in clause 42.8; or
(iii) Employees where overtime compensation is incorporated into total
remuneration or a commuted overtime allowance is paid.
42.4 Overtime – Rates of Payment
(a) Where an Employee is eligible to receive overtime payments for additional hours
worked, pursuant to clause 42.2 the following overtime rates will be paid on non-
sitting days:
(i) Monday to Saturday (except public holidays) – Time and a half of the ordinary
rate for the first three hours, and double time for the rest of the overtime.
(ii) Sunday (except public holidays) – Double the ordinary rate.
(iii) Public Holidays
Monday to Friday, when the time worked does not exceed the normal daily
hours of duty, the rate will be time and a half of the ordinary rate additional
to the ordinary time being paid for the public holiday
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 56
Monday to Friday, when the time worked is in excess of the normal daily
hours of duty, the rate will be double time and a half of the ordinary rate
for the time worked in excess of the normal daily hours of duty
Saturday or Sunday, when no other day is proclaimed as a public holiday
and is considered to be the holiday, at the rate of double time and a half of
the ordinary rate.
(b) In addition to clauses 42.4(a)(iii) the following applies where an Employee who is
normally required to perform rostered time of ordinary duty on a day which is a Public
Holiday:
(i) performs ordinary duty on that day;
(ii) performs work outside the normal hours of duty on that day
(iii) payment for the work performed outside the normal hours of duty will be at the
rate of double time and a half of the ordinary rate.
(c) In addition to clauses 42.4(a)(iii) the following applies where a rostered day of duty for
an Employee who is normally required to perform rostered time of ordinary duty on
days which may be Public Holidays:
(i) falls on a Public Holiday; and
(ii) the Employee is required to perform duty on the rostered day off
(iii) payment will be at the rate of double time and a half of the ordinary rate.
42.5 Overtime - Rates of Payment - Category A and B Employees – Sitting Days
(a) The following overtime rates shall be paid or time in lieu accrued, for Category A and B
Employees, for work performed outside the ordinary hours of duty.
(b) The overtime rate for Category A and B Employees on a sitting day shall be double time.
A minimum of 7 hours 36 minutes per day and 38 hours per week (exclusive of meal
breaks) must be worked in any sitting week before overtime becomes payable. Where
a House of Parliament sits on a fourth or subsequent day in any sitting week, overtime
shall become payable on the completion of 38 ordinary hours of duty during that week.
42.6 Overtime – Calculation Formulae
(a) The ordinary hourly rate of payment for overtime will be calculated on the lower of
either the Employee’s salary or the highest pay point within the Grade 4.1 range.
42.7 Overtime – minimum period
(a) Employees must be paid (unless time in lieu is agreed) for a minimum of three hours
when they are recalled to duty or on stand-alone overtime, excluding work performed
outside the ordinary hours of duty that applies to category A and B employees on sitting
days
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 57
42.8 Overtime – Part-time Employees
(a) A part-time Employee, other than a shift worker, must be compensated for overtime in
accordance with clause 42.4 or 42.5 for work performed:
(i) after 38 hours has been worked in any week;
(ii) as a Category A or B Employee after 7 hours 36 minutes has been worked during
a sitting day;
(iii) outside the span of hours in clause 38;
(iv) additional hours performed by a part-time Employee which are performed both
before 38 hours has been worked in any week, and within the span of hours in
clause 38, will be compensated at the Employee’s ordinary rate. Additional
hours compensated at the part time Employee’s ordinary rate will count as
service for leave accrual;
(v) as an Employee employed on an averaged part time arrangement pursuant to
clause 16.5(c)(ii), after 7 hours 36 minutes has been worked on a Sitting Day or
Non-Sitting Day.
42.9 Time in lieu – Grade 1 to 4
(a) Where an Employee is granted time in lieu of payment for overtime work, the time will
accrue on the following basis:
(i) in the case of overtime worked Monday to Friday – on an hour for hour basis; and
(ii) in the case of overtime worked on weekends or public holidays – two hours of
time in lieu per hour worked.
(b) Time in lieu is to be taken at a time mutually agreed. The Employer will endeavour to
permit the Employee to take time in lieu at a time of the Employee's choosing.
(c) Time in lieu may accumulate to a maximum of 38 hours. Any Employee who has
accumulated 38 hours of time in lieu must be paid overtime for any additional overtime
hours worked.
(d) By agreement, the Employee may convert 38 hours of accrued time in lieu to one
additional week of annual leave to be taken at a time mutually agreed. In this case, time
in lieu may continue to accrue. Upon termination for any reason, the Employee will be
paid out any time in lieu accrued to his or her credit as if it were time worked.
(e) Full time and part time Category A and B Employees employed at the time this
Agreement commences operation will receive one off provisions of Time in Lieu as set
out in Schedule 1 of the Agreement.
42.10 Time in lieu – Grade 5 to 6
(a) An Employee may be granted time in lieu for additional hours worked at the direction
of their manager, and such time will accrue on an hour for hour basis. This will apply
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 58
for hours worked beyond the ordinary hours of work as specified in clause 38.1 or on
weekends or public holidays.
(b) Time in lieu is to be taken at a time mutually agreed. The Employer will endeavour to
permit the Employee to take time in lieu at a time of the Employee’s choosing.
(c) Time in lieu may accumulate to a maximum of 38 hours. Time in lieu will be acquitted
in periods not greater than 6 months or as otherwise agreed.
(d) In acquitting time in lieu, the Employer can direct the Employee to take accrued time
in lieu instead of annual leave. In circumstances where it cannot be taken, accrued
hours in excess of 38 hours will be paid out at the end of the acquittal period. Time in
lieu will be paid out at the ordinary rate of pay.
(e) Full time and part time Category A and B Employees employed at the time this
Agreement commences operation will receive a one-off provision of Time in Lieu as
set out in Schedule 1 of the Agreement.
43 STAND-BY/RECALL ALLOWANCE
43.1 The Employer may require an Employee to be on stand-by outside the ordinary hours of duty
of the Employee to perform work away from their usual place of work. The Employee may also
be required to be recalled to their usual place of work.
43.2 The Employer will, in consultation with the Employee, establish a roster for stand-by duty.
43.3 The Employee may refuse to be on stand-by where this may result in the Employee working
hours which are unreasonable having regard to:
(a) any risk to the Employee’s health and safety;
(b) the Employee’s personal circumstances including family responsibilities;
(c) the needs of the workplace;
(d) the notice (if any) given by the Employer of the stand-by and by the Employee of his or
her intention to refuse it; and
(e) any other relevant matter.
43.4 An Employee on stand-by
(a) must be able to be contacted immediately by an agreed means of communication;
(b) must be able to travel to the usual place of work within a reasonable time;
(c) will, if required to be recalled to work, be provided by the Employer with appropriate
transport or be reimbursed travel expenses in accordance with clause 30 of this
Agreement; and
(d) must be fit for duty.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 59
43.5 The employer must pay the following allowance for stand-by duty
DATE OF EFFECT PER NIGHT PER DAY/NIGHT
20 March 2020 $30.70 $61.90
1 December 2020 $31.10 $62.70
1 September 2021 $31.55 $63.65
1 June 2022 $31.95 $64.40
1 March 2023 $32.45 $65.40
1 December 2023 $32.75 $66.05
(a) The above allowance is payment for being available to perform duty and will include
initial limited response to a telephone call or email, as long as the subject of that
telephone call or email does not require further follow-up.
(b) All work after the initial limited response to a telephone call or email will be
remunerated as overtime in accordance with clause 42. Subject to clause 43.5(c) the
minimum overtime payment in clause 42.7 does not apply. Overtime payments will
be paid as worked.
(c) An Employee who is required to return to their usual place or places of work is also
entitled to the minimum overtime payment in clause 42.7.
44 COMMUTED OVERTIME
44.1 The provisions of this clause only apply to the attendant work group employed by the
Parliament of Victoria as at 20th March 2006. For eligible Employees, the entitlement will
continue to apply if they are transferred or promoted within the attendant work group.
44.2 Where an Employee is required to work on all sitting days, or is rostered to work on some
sitting days outside ordinary hours of work, overtime entitlements for such work may be paid
by way of a 'commuted overtime' payment in each fortnightly pay period.
44.3 The commuted overtime payment will be calculated annually on the average overtime hours
worked by an employee in that position over the preceding period 1 December to 30
November inclusive, multiplied by the employee’s appropriate hourly rate at double time.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 60
44.4 Commuted overtime will be calculated on the principle of cost neutrality. For the purpose of
this Agreement, cost neutrality shall be calculated as follows:
(A + B + X) = (A + Y + Z)
A = Current base salary
B = Overtime payable based on hours worked over the preceding 1 December to 30 November
inclusive multiplied by the Employee’s appropriate hourly rate (up to the maximum of Grade 4.1) at
double time.
X = Employer superannuation payable on current annual base salary
Y = Annual commuted overtime payable
Z = Employer superannuation payable on current annual base salary plus commuted overtime
44.5 Where annual leave and long service leave is granted to an Employee in receipt of commuted
overtime, the commuted overtime payments will continue to be made in the relevant year
without any deduction for the period of absence. Annual and long service leave is restricted
during sitting weeks but may be granted by a Department Head.
44.6 Employees will be notified in writing of any adjustments to their hours and commuted
overtime payment by 31 December, or by not more than 10 working days after the last sitting
day of the relevant House in December, whichever is the later.
44.7 Adjustments to salary payments will be made in the first full pay period after written
notification of the review and will include any:
(a) increases in commuted overtime payments calculated from 1 December; and
(b) decreases in commuted overtime payments calculated from the start of the full pay
period; and
(c) where the review indicates that hours worked have changed since the last review, no
retrospective adjustment of payments will apply in relation to the amount paid during
the period specified in clause 44.7(b).
44.8 An Employee entitled to commuted overtime may choose to permanently opt out of the
commuted overtime scheme. An application to opt out must be in writing and submitted to
the relevant Clerk by the end of November in any year. Employees who opt out will receive
overtime for actual hours worked in accordance with clause 42.
44.9 The Parties agree that the scheduled timing of reviews will be assessed during the life of the
Agreement.
45 STANDARD DAY FOR APPROVED LEAVE PURPOSES
For each day that an Employee is absent on approved leave, the hours of work for the
purposes of such entitlements shall be taken as 7 hours 36 minutes (7.6 hours). Where an
alternative arrangement of days and hours is worked, leave shall be debited on the basis of
the actual hours to be worked on the day of the leave.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 61
46 ANNUAL LEAVE
46.1 Full time Employees (other than casual and sessional employees) will accrue paid annual
leave for each twelve months of employment or on a pro-rata basis for any period of
employment which is less than one calendar year as follows:
CATEGORY A CATEGORY B CATEGORY C
DAILY ACCRUAL RATE 0.62423 hours 0.520192 hours 0.41615332
hours
ANNUAL ACCRUAL 228 hours/30
days
190 hours/25
days
152 hours/20
days
46.2 Part time Employees will be entitled to the provisions outlined in clause 46.1 on a pro-rata
basis.
46.3 An Employee may only take the leave they have accrued, unless otherwise provided for in
this clause or agreed.
46.4 For the purposes of establishing the pro rata leave entitlement of an Employee in an
uncompleted calendar year, annual leave will accrue on a daily basis as specified in
clause 46.1.
46.5 An Employee may request that the whole or any part of their annual leave be taken at half
pay for a period equal to twice the period to which the Employee would otherwise be
entitled.
46.6 Employee annual leave accruals at any point in time must not exceed 456 hours – Category
A, 380 hours - Category B or 304 hours – Category C (or pro-rata equivalent for part time
Employees). Accruals in excess of the nominated hours for each category or pro-rata
equivalent may be deferred with the approval of the Employer. Unless otherwise agreed, the
Employee may be directed to take leave to reduce accruals that exceed nominated hours for
each category or pro-rata equivalent.
46.7 Leave requests submitted by employees will be considered in a timely manner by the
employer
46.8 The employer will consider operational requirements and the needs of the employee when
assessing applications for annual leave at half pay. Approval will not be unreasonably
withheld.
46.9 In respect of annual leave taken, an Employee shall receive an annual leave loading,
calculated on the Employee’s base salary as follows:
CATEGORY A CATEGORY B CATEGORY C
11.67% 14% 17.5%
(a) The maximum annual leave loading payable will not exceed an amount calculated in
respect of the top of a Grade 4 salary.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 62
46.10 An Employee, who, upon retirement, resignation or termination of employment, has an
outstanding annual leave entitlement, will be paid an amount equal to the unused annual
leave entitlement and any unpaid annual leave loading. Any annual leave loading payable is
pursuant to rates and caps specified in clause 46.9.
46.11 If an Employee, other than a casual or sessional Employee, works his or her ordinary hours in
accordance with a shift work roster, the Employee will be entitled to additional annual leave
as follows:
(a) where his or her rostered time of ordinary duty includes at least ten Sundays during the
annual leave accrual year, an additional one week’s annual leave; or
(b) where his or her rostered time of ordinary duty includes less than ten Sundays during
the annual leave accrual year, additional leave at the rate of one-tenth of a working
week in respect of each Sunday so rostered.
46.12 Subject to clause 46.11, each Employee will, in respect of annual leave taken, be entitled to
be paid in addition to his or her salary the greater of the following two amounts:
(a) an annual leave loading at the rates specified in clause 46.9 for the period of annual
leave credited under clause 46.1; or
(b) an allowance equal to any additional payments to which the Employee would be
entitled for shift, Saturday or Sunday duty which the Employee would be required to
perform if he or she were not proceeding on annual leave.
46.13 Annual leave will be taken at a time mutually agreed upon between the Employee and the
Employer, provided that leave for Category A and B Employees will not normally be available
during a sitting week.
46.14 An Employee may be required by the Employer to take annual leave in the period between
Christmas and New Year in the event that the Parliament of Victoria is closed for business
during that time.
46.15 For the avoidance of doubt, annual leave loading applicable to any untaken annual leave
entitlements accrued by category A and B Employees under any previous certified agreement
will be calculated as specified in clause 46.9.
46.17 Cashing out of annual leave
(a) Annual leave must not be cashed out except in accordance with this clause.
(b) The cashing out of a particular amount of accrued leave must be by agreement between
the employer and the employee must
(i) be in writing and retained as an employee record
(ii) state the amount of accrued leave to be cashed out and the payment to be made
to the employee
(iii) state the day on which the payment is to be made; and
(iv) be signed by the employer and the employee and if the employee is under 18
years of age, the employee’s parent or guardian.
(c) The Employee must be paid at least the full amount that would have been payable to
the employee had the employee taken the leave at the time it is cashed out.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 63
(d) Annual leave must not be cashed out if the cashing out would result in the Employee’s
remaining accrued entitlement to annual leave being less than four weeks.
(e) An Employee may cash out annual leave on one occasion during the term of the
Agreement. An Employee may submit a further request to cash out annual leave during
the term of the Agreement, providing the following conditions are met:
(i) At least 18 months must have elapsed since the last cash out; and
(ii) A combined total of least 3 weeks (Category C), 4 weeks (Category B) and 5
weeks (Category A) annual leave has been taken since the last cash out.
47 PURCHASED LEAVE
47.1 Notwithstanding any other provision of this Agreement, an Employee may, with the
agreement of the Employer, work less than 52 weeks per year. Access to this entitlement
may only be granted on application from an Employee and cannot be required as a
precondition for employment.
47.2 Where the Employer and an Employee agree to a reduction in the number of working weeks
under clause 47.1 the Employee will receive additional converted leave as follows:
PURCHASED LEAVE
RATIO
ADDITIONAL ACCRUED
WEEKS TOTAL WEEKS
44/52 weeks Additional eight weeks leave (twelve (12) weeks in total)
45/52 weeks Additional seven weeks leave (eleven (11) weeks in total)
46/52 weeks Additional six weeks leave (ten (10) weeks in total)
47/52 weeks Additional five weeks leave (nine (9) weeks in total)
48/52 weeks Additional four weeks leave (eight (8) weeks in total)
49/52 weeks Additional three weeks leave (seven (7) weeks in total)
50/52 weeks Additional two weeks leave (six (6) weeks in total)
51/52 weeks Additional one weeks leave (five (5) weeks in total)
47.3 The above does not preclude an Employee and the Employer from agreeing to a similar type
arrangement that would provide an Employee with additional converted leave of more than
8 weeks.
47.4 The Employee will receive a salary equal to the period worked (e.g. 46 weeks, 49 weeks)
which will be spread over a 52-week period.
47.5 The accrual of personal/carer’s leave and long service leave by the Employee shall remain
unchanged.
47.6 The Employer will endeavour to accommodate Employee requests for arrangements under
this clause and, where such requests are granted, 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.
47.7 An Employee may revert to ordinary 52-week employment by giving the Employer no less
than four weeks written notice. Where an Employee elects to revert to 52-week employment,
appropriate pro-rata salary adjustments will be made.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 64
48 EXTENDED LEAVE SCHEME
48.1 At the election of the Employee and with the written agreement of the Employer, provision
may be made for an Employee to receive, over a four year period, 80% of the salary they
would otherwise be entitled to receive in accordance with this Agreement.
48.2 On completion of the fourth year, the Employee will be entitled to 12 months leave and will
receive an amount equal to 80% of the salary they were entitled to in the fourth year of
deferment.
48.3 Where an Employee completes four years of service under this extended leave scheme and
is thereby not required to attend duty in the fifth year, the period of non-attendance shall
not constitute a break in service and shall count as service for all purposes.
48.4 If the Employer agrees, the Employee may, by written notice, withdraw from this scheme
prior to completing a four-year period. The Employee will receive a lump sum payment of
salary forgone to that time but will not be entitled to equivalent absence from duty.
49 PUBLIC HOLIDAYS
49.1 Where the nature of the employment of Employees permits the observance of public
holidays as they occur, Employees (other than casual and sessional Employees) shall be
entitled to the following holidays without loss of pay:
(a) New Year’s Day, Australia Day, Labour Day, Good Friday, Easter Saturday, Easter
Sunday, Easter Monday, ANZAC Day, Queen’s Birthday, Melbourne Cup Day, Christmas
Day (25 December), and Boxing Day, the Friday before the Australian Football League
Grand Final and Melbourne Cup Day
49.2 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.
(b) Boxing Day
(i) When Boxing Day is a Saturday an additional holiday shall be observed the next
Monday.
(ii) When Boxing Day is a Sunday, an additional holiday will be observed on the next
Tuesday.
(c) New Year’s Day
(i) When New Year’s Day is a Saturday or a Sunday, an additional holiday shall be
observed on the next Monday.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 65
(d) Australia Day
(i) When Australia Day is a Saturday or a Sunday, a holiday in lieu shall be observed
on the next Monday.
49.2 Melbourne Cup Day Substitution
(a) If, a Public Holiday is declared to apply to a non-metropolitan Council under section 8A
of the Public Holidays Act 1993 (Vic), that day or half day will be the Public Holiday
instead of Melbourne Cup Day.
49.3 Additional or Substituted Public Holidays
(a) Where in the whole or part of the State of Victoria, additional public holidays are
declared or prescribed on days other than those set out in sub-clauses 49.1 and 49.2,
those days shall constitute additional holidays for the purpose of this Agreement for
Employees who have their place of principal employment in a municipality to which the
additional public holiday applies.
49.4 Substitution of Public Holiday
(a) The Employer and Employee/s may agree to substitute another day for any prescribed
in this clause. For this purpose, the consent of the majority of affected Employees shall
constitute agreement. Any such arrangement shall be recorded in writing and be
available to every affected Employee.
(b) The Employee may, by agreement with the Employer, substitute another day for any
prescribed in this clause to observe religious or cultural occasions or like reasons of
significance to the Employee.
49.5 Substituted Leave – Public Holidays
(a) Where the nature of the employment of Employees does not permit the observance of
public holidays as they occur, substituted leave will be granted by the Employer. For
part-time Employees, payment for a public holiday granted as a day’s leave will be
made only in respect of those public holidays on which part-time Employees would
have worked had there been no public holiday.
49.6 Relationship with Paid Leave
(a) Where a public holiday occurs during a period of paid leave granted to an Employee,
the public holiday is additional and shall not form part of the Employee’s paid leave.
50 PERSONAL/CARER’S LEAVE
50.1 Amount of paid personal/carer’s leave
(a) An Employee, other than a casual and sessional Employee, is entitled to paid
personal/carer’s leave when they are absent because of:
(i) personal illness or injury; or
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 66
(ii) personal illness or injury of an Employee’s immediate family or household
member or Assistance Animal who requires the Employee’s care and support; or
(iii) an unexpected emergency affecting an Employee’s immediate family or
household member or Assistance Animal, or
(b) A full time Employee is entitled to paid personal/carer’s leave of 114 hours. A part time
Employee is entitled to a pro-rata amount of paid personal/carer’s leave based on the
part time Employee’s hours of work.
(c) Leave will be credited on commencement of employment and subsequently on the
anniversary date of the Employee’s employment.
(d) Employees appointed for a fixed term period will accrue on a pro-rata basis, paid
personal/carer’s leave according to length of their service.
(e) Leave without pay will not count as service for personal/carer’s leave accrual purposes.
(f) In this clause 50, the term immediate family, Assistance Animal and Registered
Practitioner means:
(i) 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
the same sex or different sexes).
(ii) A child or an adult child (including an adopted child, a stepchild or an ex nuptial
child), parent, grandparent, grandchild or sibling of the Employee or the
Employee’s spouse or de facto partner.
(iii) Assistance Animal means an animal formally training to assist a person with a
disability to alleviate the effect of their disability. This includes
a guide dog for people with vision impairment, or
hearing dogs for people with hearing impairment, or
assistance dogs for people with a physical disability, or
medical alert animals that help people before and during a medical
emergency, or
psychiatric service animals that help people with a mental illness, or
any other animal agreed by the Employer or to which an Assistance
Animal Pass granted by the Department of Transport applies.
Assistance Animal does not include a pet, companion or therapy animals.
(iv) Registered Practitioner means one of the following: Aboriginal and Torres Strait
Islander health practitioner, Chinese medical practitioner, Chiropractor, Dental
care practitioner, Medical practitioner, Medical Radiation practitioner, Nurse
practitioner, Midwife, Occupational Therapist, Optometrist, Osteopath,
Pharmacist, Physiotherapist, Podiatrist, Psychologist or any other profession
registered under the Health Practitioner Regulation National Law (Victoria) Act
2009.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 67
50.2 Payment for personal/carer’s leave
(a) An Employee, other than a casual or sessional Employee, who takes paid
personal/carer’s leave, is entitled to be paid at his or her salary rate of pay for their
ordinary hours of work in the period during which the personal/carer’s leave is taken.
50.3 Notice
(a) An Employee must give his or her Employer notice of the taking of personal/carer’s
leave under this clause. The notice:
(i) must advise the Employer of the period, or expected period of the leave: and
(ii) must be given to the Employer as soon as practicable, which may be a time after
the personal/carer’s leave has started.
50.4 Documentary Evidence Requirements
(a) Personal Leave
In the case of personal leave, the Employee shall provide the Employer with a medical
certificate from a Registered Practitioner.
(b) Carer’s Leave
(i) In the case of carer’s leave, the employee shall provide the Employer with
appropriate documentary evidence.
(ii) The form of evidence required by the employer 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 the condition of the
person concerned and that this condition requires the employee’s care or support
or other relevant documentary evidence.
50.5 Entitlement
(a) A full time Employee entitled to take personal/carer’s leave for the purposes set out in
clause 50.1(a) may, subject to clauses 50.5(b) and 50.5(c) take up to an aggregate of
38 hours or for a part time Employee equivalent pro-rata amount of accrued
personal/carer’s leave in each year of employment without having to provide the
Employer with the documentary evidence required by clause 50.4.
(b) If the period of absence referred to in clause 50.5(a) is for a continuous period
exceeding 22.8 hours, the Employee must provide appropriate documentary evidence
to the Employer as set out in clause 50.4.
(c) Where an Employee cannot reasonably provide documentary evidence from a
registered practitioner, the Employee may provide a statutory declaration. The
statutory declaration must include information as to why the Employee was unable to
attend a registered practitioner and the reason why they were unable to attend work.
A statutory declaration can only be used for single day absences, on no more than three
occasions.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 68
(d) Despite clause 50.5(a), the Employee may be required to provide appropriate
documentary evidence as required by the Employer in accordance with clause 50.4.
50.6 Further medical certificates or documentary evidence
(a) The Employer may require that an Employee provide a further medical certificate from
an independent Registered Practitioner where an Employee has been on personal leave
for at least six weeks and has a medical certificate indicating on-going need for personal
leave. The Employee will select a Registered Practitioner from a list of at least three
Registered Practitioners nominated by the Employer.
(b) The Employer may require that an Employee provide further documentary evidence to
the satisfaction of the Employer where an Employee has been on carer’s leave for at
least two weeks including evidence stating the condition of the person concerned and
that this condition requires the continued care or support of the Employee.
50.7 Employee’s incapacity to undertake duties
If the Employer has a genuine concern about an Employee’s capacity to undertake their
duties, the Employer may require that the Employee provide a medical certificate from an
independent Registered Practitioner. The Employee will select a Registered Practitioner from
a list of at least three Registered Practitioners nominated by the Employer.
50.8 Failure to provide relevant documentary evidence
Failure by the Employee to provide documentary evidence as required by the Employer
within a reasonable period of time may render the Employee ineligible for payment for
personal/carer’s leave under this clause.
50.9 Absence on Public Holidays
If the period during which an Employee takes paid personal/carer’s leave includes a day or
part-day that is a public holiday, the Employee is taken not to be on paid personal/carer’s
leave on that public holiday.
50.10 Unpaid personal leave
An Employee who has exhausted all paid personal/carer’s leave entitlements may, with the
consent of the Employer, take unpaid personal leave. The Employer will require that the
Employee provide documentary evidence to support the unpaid personal leave to the
satisfaction of the Employer.
50.11 Unpaid carer’s leave
(a) An Employee who has exhausted all paid personal/carer’s leave entitlements may take
unpaid carer’s leave to provide care or support in the circumstances outlined in
clauses 50.1(a)(ii) or 50.1(a)(iii) providing the Employee complies with the notice and
evidence requirements outlined in clause 50.4. The Employer and the Employee will
agree on the period of unpaid leave. In the absence of agreement, the Employee may
take two days unpaid carer’s leave per occasion.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 69
(b) Alternatively, the Employee may, with the consent of the Employer, elect to work make
up time, under which the Employee takes time off during ordinary hours and works
those hours at a later time during the Employee’s spread of ordinary hours.
50.12 Casual and Sessional Employees – Caring Responsibilities
(a) Casual and sessional Employees may be unavailable to attend work or may be required
to leave work if they need to care for members of their immediate family or household
who are sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(b) The Employer and a casual or sessional Employee will agree on the period for which the
casual or sessional Employee may be unavailable to attend work. In the absence of
agreement, a casual or sessional Employee is permitted to be absent from work for two
days per occasion. A casual or sessional Employee is not entitled to any payment for
the period of non-attendance.
(c) A casual or sessional Employee must comply with the notice and evidence
requirements outlined in this clause 50.
51 COMPASSIONATE LEAVE
51.1 The Employee’s immediate family includes:
(a) A spouse (including 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).
(b) A child or adult child (including an adopted child, a stepchild or an ex nuptial child),
parent, grandparent, grandchild or sibling of the Employee or the Employee’s spouse
or de facto partner.
(c) Those people related by birth to the employee where the employee is an adopted
person or birth parent.
(d) Those people related by birth to the employee where the employee is a donor-
conceived person or the donor of a donor-conceived person.
51.2 Amount of compassionate leave
(a) An Employee, other than a casual or sessional Employee, is entitled to up to three days
paid compassionate leave on each occasion when a member of the Employee’s
immediate family or a member of the Employee’s household:
(i) contracts or develops a personal illness that poses a serious threat to his or her
life
(ii) sustains a personal injury that poses a serious threat to his or her life; or
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 70
(iii) dies
Each of which constitutes a permissible occasion for the purposes of this clause 51.
(b) An Employee may take compassionate leave for a particular permissible occasion if the
leave is taken:
(i) to spend time with the member of the Employee’s immediate family or
household who has contracted or developed a personal illness or sustained a
personal injury referred to in clause 51.2(a).
(ii) after the death of a member of the Employee’s immediate family or household
referred to in clause 51.2(a).
(c) An Employee is not required to take compassionate leave in respect of a permissible
occasion consecutively.
(d) Compassionate leave will not accrue from year to year and will not be paid out on
termination of the employment of the Employee.
51.3 Payment for compassionate leave (other than for casual or sessional employees)
(a) An Employee, other than a casual or sessional Employee, who takes paid
compassionate leave, is entitled to be paid at his or her salary for ordinary hours of
work in the period in which the compassionate leave is taken.
51.4 Unpaid compassionate leave
(a) An Employee including a casual or sessional Employee may take unpaid compassionate
leave of up to three days per permissible occasion by agreement with the Employer.
(b) In addition to the other provisions of this clause, 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.
51.5 Notice and Evidence Requirements
(a) An Employee who is taking compassionate leave under this clause must give notice to
the Employer as soon as practicable (which may be at time after the compassionate
leave has started) and must advise the Employer of the period, or expected period, of
the compassionate leave.
(b) An Employee must provide the Employer with satisfactory evidence to support the
taking of compassionate leave. Satisfactory evidence may include a medical certificate
from a Registered Practitioner (as the term is defined in clause 50.4(c) a statutory
declaration or other relevant documentary evidence to the reasonable satisfaction of
the Employer.
(c) The Employee is not entitled to compassionate leave under this clause unless the
Employee complies with the evidence and notice requirements set out in this clause.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 71
51.6 Other significant family or personal connections
An Employee may, at the discretion of the Employer, be granted compassionate leave with
or without pay when a person with a significant family or personal connection to the
Employee but who is not a member of the Employee’s immediate family, as defined in clause
50.1(f), or household dies, or sustains a personal illness or injury that poses a serious threat
to the person’s life.
52 FAMILY VIOLENCE LEAVE
52.1 General Principle
(a) The Employer recognises that Employees sometimes face situations of violence or
abuse in their personal life that may affect their attendance or performance at work.
Therefore, the Employer is committed to providing support to staff that experience
family violence.
(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.
52.2 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).
52.3 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.
52.4 General Measures
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.
All personal information concerning family violence will be kept confidential in line with
the Employer’s policies and relevant legislation. No information will be kept on an
Employee’s personnel file without their express written permission.
No adverse action will be taken against an Employee if their attendance or performance
at work suffers as a result of experiencing family violence.
{a)
{b)
{c)
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 72
The Employer will identify contact/s within the workplace who will be trained in family
violence and associated privacy issues. The Employer will advertise the name of any
Family Violence contacts within the workplace.
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.
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
clauses 52.5 and 52.6.
The Employer will develop guidelines to supplement this clause and which details the
appropriate action to be taken in the event that an Employee reports family violence.
52.5 Leave
(a) An Employee experiencing family violence will have access to 20 days per 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. The Employer may require evidence consistent with clause 50 from an
Employee seeking to utilise their personal/carer’s leave entitlement.
52.6 Individual Support
(a) In order to provide support to an Employee experiencing family violence and to provide
a safe work environment to all Employees, the Employer will approve any reasonable
request from an Employee experiencing family violence for:
(i) temporary or ongoing changes to their span of hours or pattern or hours and/or
shift patterns;
(ii) temporary or ongoing job redesign or changes to duties;
(iii) temporary or ongoing relocation to suitable employment;
(iv) a change to their telephone number or email address to avoid harassing contact;
(v) any other appropriate measure including those available under existing
provisions for family friendly and flexible work arrangements.
(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.
{d)
{e)
{f)
{g)
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 73
(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.
53 PARENTAL LEAVE
53.1 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 is not required to return to work in order to
access a further period of parental leave under this clause.
53.2 Definitions
For the purposes of this clause:
(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 the Employer
on a regular and systematic basis.
(b) Continuous Service is work for the Employer on a regular and systematic basis
(including any period of authorised leave) and any period of Recognised Prior Service
(as defined in clause 53.2(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:
who is, or will be, under 16 as at the day of placement, or the expected day
of placement;
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
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 74
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 the Employer, where the Employee was employed:
(i) by a public entity under the Public Administration Act 2004 (Vic);
(ii) under Part 6 of the Public Administration Act 2004 (Vic); or
(iii) as an electorate officer under the Parliamentary Administration Act 2005 (Vic);
53.3 Summary of Parental Leave Entitlements
The entitlements summarised in the table below apply to a period of Parental Leave
concluding on or after the day this Agreement comes into operation.
Paid leave Unpaid leave Total
Primary Caregiver
More than 3 months
Continuous Service 16 weeks Up to 36
weeks 52 weeks
Less than 3 months
Continuous Service - Up to 52
weeks 52 weeks
Long Term Casual Employee - Up to 52
weeks 52 weeks
(a)
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 75
Paid leave Unpaid leave Total
Secondary Caregiver
More than 3 months
Continuous Service 4 weeks Up to 48
weeks 52 weeks
More than 3 months
Continuous Service and takes
over the primary
responsibility for the care of
the Child within first 78
weeks
An
additional 12
weeks
Up to 36
weeks 52 weeks
Less than 3 months
Continuous Service - Up to 52
weeks 52 weeks
Long Term Casual Employee - Up to 52
weeks 52 weeks
Pre-natal leave
Pregnant employee 38 hours - 38 hours
Spouse 7.6 hours - 7.6 hours
Pre-adoption leave
More than 3 months
Continuous Service 2 days - 2 days
Permanent Care Leave
More than 3 months
Continuous Service 16 weeks Up to 36
weeks 52 weeks
Less than 3 months
Continuous Service
- Up to 52
weeks
52 weeks
Grandparent Leave
Grandparent Leave - Up to 52
weeks 52 weeks
53.4 Parental Leave – Primary Caregiver
(a) An Eligible Employee, who has, or will have, completed at least three months paid
Continuous Service and 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
(ii) up to 36 weeks unpaid parental leave.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 76
(b) An Eligible Employee who will be the Primary Caregiver, who has not completed at least
three months paid Continuous Service 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.
53.5 Parental Leave – Secondary Caregiver
(a) An Eligible Employee who has, or will have, completed at least three months paid
Continuous Service and who will be the Secondary Caregiver at the time of the birth or
adoption of their Child, is entitled to up to 52 weeks parental leave, comprising:
(i) 4 weeks paid parental leave; and
(ii) 12 weeks Additional paid Secondary Caregiver parental leave, subject to the
conditions in clause 53.6, 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, and has not completed
at least three months paid Continuous Service 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.
53.6 Additional paid 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.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 77
(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.
53.7 Pre-Natal Leave
(a) A pregnant Employee will have access to paid leave totalling up to 38 hours per p
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.
(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) The Employer 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.
53.8 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 the Employer 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, the Employer may require the
Employee to take such leave instead of taking unpaid leave under this sub-clause.
(d) The Employer may require the Employee to provide satisfactory evidence supporting
the leave.
(e) The Employer 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 or sessional Employees.
53.9 Permanent Care Leave
An Employee will be entitled to access parental leave in accordance with this clause at a time
agreed with the Employer if they:
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
will be the Primary or Secondary Caregiver for that Child.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 78
53.10 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.
53.11 Access to parental leave for an Employee whose Child is born by 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 54.
53.12 Continuing to work while pregnant
(a) The Employer may require a pregnant Employee to provide a medical certificate stating
that the Employee is fit to work their normal duties where the Employee:
(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 53.14(b).
(b) The Employer may require the Employee to start parental leave if the Employee:
(i) does not give the Employer the requested certificate within seven days of the
request; or
(ii) gives the Employer a medical certificate stating that the Employee is unfit to
work.
53.13 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 50.
53.14 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 the Employer 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 the Employer 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 the Employer 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.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 79
(c) The entitlement to No Safe Job Paid Leave is in addition to any other leave entitlement
the Employee has.
53.15 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 50;
(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 53.3 and thereafter, to unpaid
special maternity leave.
53.16 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.
(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 the Employer of any changes to the notice provided in clause 53.16(a),
unless it is not practicable to do so.
(c) The Employer 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.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 80
53.17 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 53.6, the additional leave will commence on the
date the Employee takes on primary responsibility for the care of a Child.
(c) The Employer 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.
53.18 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 53.3 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 the Employer 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 Employer 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 53.23(b), within
the first 78 weeks where clause 53.6 is invoked or otherwise the first 104 weeks.
(c) Parental leave does not need to be taken in a single continuous period. The Employer
and Employee will agree on the duration of each block of parental leave. The Employer
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.
53.19 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 53.23(b).
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 81
53.20 Public holidays 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 the Employer will grant the
Employee a day off in lieu, to be taken by the Employee immediately following the period of
paid parental leave.
53.21 Effect of unpaid parental leave on an Employee’s continuity of employment
Other than provided for in clause 60 (Long Service Leave), unpaid parental leave under
clauses 53.4, 53.5, 53.23 and 53.29 shall not break an Employee’s continuity of employment
but it will not count as service for leave accrual or other purposes.
53.22 Keeping in touch days
(a) During a period of parental leave, the Employer and Employee may agree to perform
work for the purpose of keeping in touch in order to facilitate a return to employment
at the end of the period of leave.
(b) Keeping in touch days must be agreed and be in accordance with section 79A of the FW
Act.
53.23 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 clause 53.4 or 53.5, may extend the period of their parental leave on one
occasion up to the full 52-week entitlement.
(ii) The Employee must notify the Employer in writing at least four weeks prior to the
end date of their initial parental leave period. The notice must specify the new
end date of the parental leave.
(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 53.4 or 53.5 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 the Employer at least 4
weeks before the end of the current parental leave period. The request must
specify any parental leave that the Employee’s Spouse will have taken.
(iv) The Employer shall consider the request having regard to the Employee’s
circumstances and, provided the request is based on the Employee’s parental
responsibilities, may only refuse the request on reasonable business grounds.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 82
(v) The Employer must not refuse the request unless the Employer has given the
Employee a reasonable opportunity to discuss the request.
(vi) The Employer must give a written response to the request as soon as practicable,
and no later than 21 days after the request is made. The response must include
the details of the reasons for any refusal.
53.24 Total period of parental leave
(a) The total period of parental leave, including any extensions, must not extend beyond
24 months.
(b) In the case of 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 53.4 or 53.5 will reduce by the period of any
extension taken by a member of the couple under clause 53.23.
53.25 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 as a parliamentary officer.
(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 53.30(c).
(d) For the purposes of clause 53.25(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 53.25(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.
53.26 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.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 83
53.27 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 35
(Superannuation).
53.28 Effect of parental leave on progression for Primary Caregivers
An Employee who returns to work at the conclusion of a period of Primary Caregiver Parental
Leave may be entitled to Progression Steps or Amounts forgone as a result of being on
parental leave in accordance with clause 24 (Performance, Development & Progression).
53.29 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.
53.30 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 the Employer 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 the Employer
immediately and the Employer will nominate a time not exceeding four weeks
from receipt of notification for the Employee’s return to work.
(b) Returning to work at conclusion of leave
(i) At least four weeks prior to the expiration of parental leave, the Employee will
notify the Employer of their return to work after a period of parental leave.
(ii) Subject to clause 53.30(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 53.14 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.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 84
(ii) Where an Employee wishes to make a request under clause 53.30(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.
53.31 Lactation breaks
(a) Employees cannot be discriminated against for breastfeeding or chest feeding or
expressing milk in the workplace.
(b) An Employee who wishes to continue breastfeeding or chest feeding 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.
53.32 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, the Employer 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.
(b) The Employee shall take reasonable steps to inform the Employer about any significant
matter that will affect the Employee’s decision regarding the duration of parental leave
to be taken, whether the Employee intends to return to work and whether the
Employee intends to request to return to work on a part-time basis.
(c) The Employee shall also notify the Employer of changes of address or other contact
details which might affect the Employer’s capacity to comply with clause 53.32(a).
53.33 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 the Employer engages a replacement Employee the Employer must inform that
person of the temporary nature of the employment and of the rights of the Employee
who is being replaced.
(c) The limitation in clause 16.7 on the use of fixed term employment to replace the
Employee does not apply in this case.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 85
53.34 Casual Employees
The Employer must not fail to re-engage a casual Employee because the Employee has
accessed parental leave in accordance with this clause. The rights of the Employer in relation
to engagement and re-engagement of casual Employees are not affected, other than in
accordance with this clause.
54 SURROGACY LEAVE
54.1 Entitlement to Leave
An Employee (excluding a Casual or Sessional Employee) who has completed at least three
months paid continuous service, who enters into a formal surrogacy arrangement on or after
the day this Agreement comes into operation which complies with Part 4 of the Assisted
Reproduction Treatment Act 2008 (Vic) as the surrogate, is entitled to access the following
leave provisions.
(a) Pre-Natal leave in accordance with clause 53.7 of the Agreement, and
(b) six weeks of paid leave
54.2 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 to work and whether they 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.
54.3 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 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”
54.4 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 by the Employer.
(b) Unless otherwise agreed, any entitlement to paid surrogacy leave will be paid from
the date of commencement of Surrogacy Leave.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 86
54.5 Surrogacy Leave and other entitlements
An Employee may access, in conjunction with Surrogacy Leave, any other paid or unpaid
entitlements available under the Agreement with the approval of the Employer.
54.6 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 50.
54.7 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 50.
(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 54.1.
54.8 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 the Employer will grant the
Employee a day off in lieu to be taken by the Employee immediately following the period of
paid surrogacy leave.
54.9 Notice and Evidentiary Requirements
(a) An Employee must provide 10 weeks’ written notice to the Employer 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
(iii) for the period of surrogacy leave the Employee will not engage in any conduct
inconsistent with their contract of employment
(b) The Employer may also require the Employee to provide documentary evidence
confirming:
(i) the expected date of birth of the Child, and
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 87
(ii) the formal surrogacy arrangement, which complies with Part 4 of the Assisted
Reproduction Treatment Act 2008 (Vic).
(c) The Employee must confirm these details at least four weeks prior to the
commencement of the proposed period of Surrogacy Leave.
55 RIGHT TO REQUEST FLEXIBLE WORKING ARRANGEMENTS
In accordance with and pursuant to section 65 of the FW Act, an Employee who is a parent
or has responsibility for the care of a child may request the Employer for a change of working
arrangements to assist the Employee to care for the child if the child is under school age or
under 18 and has a disability.
56 INFECTIOUS DISEASE/DANGEROUS MEDICAL CONDITIONS LEAVE
(a) Upon report by a registered medical practitioner that by reason of contact with a
person suffering from an infectious disease and through the operation of restrictions
imposed by law in respect of such disease, an Employee is unable to attend work, the
Employer may grant the Employee special leave of absence with pay. The period of
leave must not be for any period beyond the earliest date at which it would be
practicable for the Employee to return to work having regard to the restrictions
imposed by law.
(b) Where the Employer reasonably believes that the Employee is in such state of health
as to render the Employee a danger to other Employees, themselves or other persons,
the Employer may require the Employee to absent himself or herself from the
workplace until the Employee obtains and provides to the Employer a report from a
registered medical practitioner. Upon receipt of the medical report, the Employer may
direct the Employee to be absent from duty for a specified period or, if already on leave,
direct such Employee to continue on leave for a specified period. Any such absence of
an Employee must be regarded as personal/carer’s leave.
57 LEAVE TO ATTEND ALCOHOL, DRUG OR PROBLEM GAMBLING
REHABILITATION PROGRAM
57.1 An Employee, other than a casual or sessional Employee, may be granted leave with or
without pay to undertake an approved rehabilitation program where the Employer is satisfied
that:
(a) the Employee’s work performance is adversely affected by the misuse of drugs or
alcohol or problem gambling;
(b) the Employee is prepared to undertake a course of treatment designed for the
rehabilitation of persons with alcohol or drug misuse or gambling related problems;
and
(c) in the case of an alcohol or drug addiction, a registered medical 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; or
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 88
(d) in the case of problem gambling the Employee satisfies the eligibility criteria for entry
into an approved problem gambling rehabilitation program.
57.2 On production of proof of attendance at an approved rehabilitation program in accordance
with clause 57.1 an Employee who has completed 2 years continuous service and who has
exhausted all other accrued leave entitlements may be granted leave with pay up to the
maximum number of day specified below.
COMPLETED YEARS
OF SERVICE
2 YEARS 3 YEARS 4 YEARS 5 OR MORE YEARS
FIRST YEAR OF
PROGRAM
20 days 27 days 33 days 40 days
SUBSEQUENT YEARS
OF PROGRAM
15 days 20 days 25 days 30 days
57.3 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.
58 CULTURAL AND CEREMONIAL LEAVE
58.1 NAIDOC Week Leave
(a) An Employee of Aboriginal or Torres Strait Islander descent is entitled to one day of
paid leave per year to participate in National Aboriginal and Islander Day Observance
Committee (NAIDOC) week activities and events.
(b) NAIDOC week leave will not accrue from year to year and will not be paid out on
termination of the employment of the Employee.
58.2 Leave to attend Aboriginal community meetings
The Employer may approve attendance during working hours by an Employee of Aboriginal
or Torres Strait Islander descent at any Aboriginal community meetings, except the Annual
General Meetings of Aboriginal community organisations at which the election of office
bearers will occur.
58.3 Leave to attend Annual General Meetings of Aboriginal community organisations
The Employer may grant an Employee of Aboriginal or Torres Strait Islander descent accrued
annual or other leave to attend Annual General Meetings of Aboriginal community
organisations at which the election of office bearers will occur.
58.4 Ceremonial leave
(a) Ceremonial leave may be granted to an Employee of Aboriginal or Torres Strait Islander
descent for ceremonial purposes:
(i) connected with the death of a member of the immediate family or extended
family (provided that no Employee shall have an existing entitlement reduced
as a result of this clause); or
(ii) for other ceremonial obligations under Aboriginal and Torres Strait Islander law.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 89
(b) Where ceremonial leave is taken for the purposes outlined in clause 58.4(a), up to three
days in each year of employment will be with pay. Paid ceremonial leave will not accrue
from year to year and will not be paid out on termination of the employment of the
Employee.
(c) Ceremonial leave granted under this clause is in addition to compassionate leave
granted under clause 51.
59 LEAVE TO PARTICIPATE IN THE FIRST PEOPLE’S ASSEMBLY OF VICTORIA
59.1 An Employee who is a member of the First Peoples’ Assembly of Victoria is entitled to up to
10 days paid leave per calendar year to fulfil their official functions during their term of office.
59.2 Leave will be available to attend sessions of the First People’s Assembly of Victoria,
participate in constituent consultation relevant to their role or for any other ancillary purpose
as agreed with the Employer.
59.3 Where in any calendar year an Employee exhausts their entitlement under this clause, the
Employer may grant further unpaid leave to support the Employee’s representative
functions.
59.4 The Employee may also utilise flexible working arrangements, in addition to leave provided
in this clause, to help support their representative functions, with the agreement of the
Employer.
59.5 Leave under this clause will not accrue from year to year and cannot be cashed out on
termination of employment.
60 LONG SERVICE LEAVE
60.1 Basic entitlement
(a) An Employee is entitled to 495.6967 hours (13 weeks) long service leave with pay for
each period of ten years’ paid full time continuous service with the Employer.
Employees who have any periods of service that are part time, sessional or casual will
accrue leave on a pro-rata basis.
(b) An Employee who is a part-time Employee for the purposes of clause 60 is entitled to
long service leave on a pro-rata basis calculated on the number of ordinary hours
worked.
60.2 Meaning of continuous service for casual employees
For the purposes of this clause, a reference to continuous service in respect of a casual
employee has the same meaning as that set out in section 62A of the Long Service Act 1992
(Vic).
60.3 Pro-rata access
An Employee is entitled to access their long service leave entitlements, on a pro-rata basis,
after an initial 7 years of paid continuous service.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 90
60.4 Payment of outstanding entitlement on termination
An Employee, who, upon retirement, resignation or termination of employment, has an
outstanding long service leave entitlement, will be entitled to an amount equal to the unused
long service leave entitlement.
60.5 Holidays during Leave
Where a public holiday occurs during a period of long service leave granted to an Employee,
the public holiday is not to be regarded as part of the long service leave and the Employer
will grant the Employee a day off in lieu.
60.6 Eligible Period of Service
(a) In sub-clause 60.6, “eligible period of service” in relation to an Employee means the
period of continuous service between four years and seven years.
(b) An Employee is entitled, or in the case of death is deemed to have been entitled, to an
amount of long service leave with pay equalling one-fortieth of the Employee’s eligible
period of service with the Parliament of Victoria if:
(i) on account of age or ill health:
the Employee retires or is retired; or
the employment of the Employee is terminated by the Employer; or
(ii) the employment of the Employee is terminated for any other reason except for
serious misconduct or resignation by the Employee; or
(iii) the Employee dies
60.7 Period of leave
(a) The Employee who is entitled to take their long service leave will take the whole or any
part of their entitlement at the current time fraction they work.
(b) Notwithstanding clause 60.7(a), the Employer and the Employee may agree that the
whole or part of their entitlement can be taken at a different time fraction to that
currently worked.
(c) After concluding their period of leave, the Employee will return to the time fraction
they worked immediately prior to going on leave, unless otherwise agreed by the
Employer and the Employee.
60.8 Time of taking leave
The Employer may determine the time for granting long service leave so that the Employer's
operations will not be unduly affected by the granting of long service leave to numbers of
Employees at or about the same time.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 91
60.9 Payment for leave
(a) In computing the pay of an Employee for or in lieu of long service leave that pay
includes:
(i) if the Employee is receiving salary maintenance, that salary maintenance; and
(ii) 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
(iii) any annual allowance payable to the Employee which the Employer determines
should be included, but does not include:
any payment of overtime, or penalty rates; or
any travelling or transport allowance; or
any allowance in the nature of reimbursement of expenditure.
60.10 Nothing in this clause entitles an Employee to long service leave (or payment for long service
leave) in respect of a period of service for which the Employee was entitled to receive long
service leave (or payment for long service leave) from an employer other than the Employer
or for which the Employee has received long service leave (or a payment in respect of long
service leave) from any Employer.
61 RECOGNISED SERVICE FOR SICK LEAVE AND LONG SERVICE LEAVE PURPOSES
61.1 The following will be recognised by the Employer as service for the purpose of calculating
personal/carer’s leave and long service leave entitlement (“Recognised Service”) under this
clause:
(a) any service with a State or Commonwealth or Territory of Australia Government
Department, Public Service Authority or Parliamentary Department; or
(b) any service with a public entity under the Public Administration Act 2004 (Vic); or
(c) any service with a local governing body that is established by or under a law of Victoria.
61.2 An “authority” means an authority, whether incorporated or not, that is constituted by or
under a law of a State, the Commonwealth or a Territory of Australia for a public purpose.
61.3 Notwithstanding the above, the Employer may recognise any service with a public sector
authority or local governing body of the Commonwealth, a State other than Victoria or a
Territory of Australia.
61.4 Recognised Service does not include any period of service:
(a) which preceded a continuous gap in approved Recognised Service of greater than 12
months other than:
(i) an absence of 3 years or less in the nature of retirement occasioned by disability;
or
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 92
(ii) an absence of 2 years or less which, in the opinion of the Employer, was caused
by special circumstances; or
(b) during any absence from duty on maternity, paternity/partner or adoption leave
without pay; or
(c) except to the extent (if any) authorised by the Employer, during any other absence on
leave without pay; or
(d) during any absence from duty when the Employee was in receipt of weekly payments
of compensation under the Accident Compensation Act 1985 or any corresponding
previous enactment, other than the first 12 months of that period; or
(e) which followed the date on which a pension under the State Superannuation Act 1988
(or similar provision applying to persons on the staff of a declared authority) became
payable by reason of retirement on the grounds of disability , other than a period not
exceeding 12 months during which a pension under section 83A(1) of that Act (or
similar provision applying to persons on the staff of a declared authority) was paid; or
(f) from which the Employee was dismissed for disciplinary reasons.
61.5 An Employee who has received a Targeted Separation Package from the Victorian Public
Sector or the Parliament of Victoria will on re-employment or employment with the
Parliament of Victoria have their prior service recognised, provided that this service does not
precede a continuous gap in approved recognised service of greater than 12 months.
61.6 An Employee who has received a Voluntary Departure Package from the Victorian Public
Sector or the Parliament of Victoria will not have their prior service recognised on re-
employment or employment with the Parliament of Victoria.
61.7 An application for the recognition of prior service under this clause must be made within six
months of an Employee commencing duty with the Parliament of Victoria.
62 DEFENCE FORCE LEAVE
62.1 Leave with pay may be granted for Defence Reserve service up to a maximum period of 78
weeks continuous service.
62.2 An Employee required to complete Defence Reserve service will consult with the Employer
regarding the proposed timing of the service and will give the Employer as much notice as is
possible of the time when the service will take place.
62.3 Where the base salary excluding allowances received by the Employee from the Australian
Defence Force in respect of Defence Reserve service during his or her ordinary hours of work
is below the Employee’s salary, the Employer will, unless exceptional circumstances arise,
pay to the Employee make-up pay for the period of Defence Reserve service.
62.4 Preservation of prior entitlement
For Employees in employment prior to 9 May 2002, any more favourable provision relating
to their previous entitlement to Defence Force leave is maintained.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 93
63 JURY SERVICE LEAVE
63.1 An Employee required to attend for jury service under the Juries Act 2000 (Vic) is entitled to
leave with pay for the period during which his or her attendance is required. The Employee
must provide a certificate of attendance issued by the Juries Commissioner as evidence of
attendance
63.2 Any payment made to the Employee in accordance with the Juries Act 2000 (Vic) for serving
as a juror during his or her ordinary hours of work must be repaid to the Employer, less an
amount for reasonable expenses actually incurred.
64 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.
65 LEAVE TO ENGAGE IN EMERGENCY MANAGEMENT ACTIVITIES
65.1 An Employee who engages in a voluntary emergency management activity with a recognised
emergency management body that requires the attendance of the Employee at a time when
the Employee would otherwise be required to be at work is entitled to leave with pay for:
(a) time when the Employee engages in the activity;
(b) reasonable travelling time associated with the activity; and
(c) reasonable rest time immediately following the activity.
65.2 The Employee must advise the Employer as soon as practicable if the Employee is required
to attend a voluntary emergency management activity and must advise the Employer of the
expected or likely duration of the Employee’s attendance. The Employee must provide a
certificate of attendance or other evidence of attendance as reasonably requested by the
Employer.
65.3 Recognised emergency management bodies include but are not limited to the Country Fire
Authority, Red Cross, State Emergency Service and St John Ambulance.
65.4 An Employee who is required to attain qualifications or to requalify to perform activities in
an emergency management body must 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.
66 LEAVE TO ENGAGE IN VOLUNTARY COMMUNITY ACTIVITIES
66.1 An Employee who is elected to a Municipal Council must be granted leave with pay to fulfil
their official functions during their term of office as follows:
(a) Mayor or Shire President – up to three hours per week, or where special occasions
arise, six hours per fortnight; or
(b) Councillor – up to three hours per fortnight, or where special occasions arise, six hours
per month;
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 94
66.2 For Category A and B Employees, leave granted under clauses 66.1(a) and 66.1(b) will not
normally be granted during the sitting of either House.
66.3 An Employee who is elected to a committee of management of a community organisation
may, if the Employer agrees, be granted leave with pay to fulfil their official functions during
their term of office as follows:
(a) Chair or President - up to three hours per week, or where special occasions arise, six
hours per fortnight; or
(b) Committee member - up to three hours per fortnight, or where special occasions
arise,3six hours per month.
66.4 For Category A and B Employees, leave granted under clauses 66.3(a) and 66.3(b) will not
normally be granted during the sitting of either House.
67 PARTICIPATION IN SPORTING EVENTS
Leave with pay up to a maximum of two weeks in any two 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.
68 STUDY LEAVE
68.1 The Employer may grant to an Employee paid leave to attend an accredited course of study
provided by an educational institution or registered training organisation.
68.2 An Employee may be granted sufficient paid leave to enable travel to and attendance of up
to 7 hours 36 minutes of classroom activity or related project work per week.
68.3 An Employee may be granted up to five days paid pre-examination leave and sufficient paid
leave to attend examinations where the examinations are part of the course of study for
which leave has been approved under clause 68.1.
68.4 An Employee completing an accredited course through the submission of major project work
may be entitled to 5 days leave for the purposes of finalising such project work.
68.5 The Employer may grant additional leave with or without pay as considered necessary.
69 LEARNING AND CAREER DEVELOPMENT
69.1 Provision of learning and development for all Employees will continue to be a high priority
during the life of the Agreement. The Employer is committed to promoting and developing
the professional growth of Employees, the capacities of the organisation and a positive
workplace culture to ensure the organisation achieves its aims and objectives.
69.2 Learning and Development opportunities available to Employees may include, but are not
limited to the following:
(a) clarifying job tasks and responsibilities;
(b) development of Employee capabilities to meet the objectives of the organisation;
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 95
(c) technical skills;
(d) improved skills in use of information technology to ensure maximum use of the
capability of systems and equipment;
(e) assisting Employees to progress their career and personal goals; and
(f) participation in secondment opportunities.
69.3 Where an approved training program is undertaken during an Employee’s ordinary working
hours, the Employer agrees to pay the Employee that Employee’s ordinary pay.
70 MILITARY SERVICE SICK LEAVE
70.1 The Employee will be credited with 114 hours special leave with pay for each year of service
with the Parliament from the conclusion of the Employee’s operational, peacekeeping or
hazardous service where the Employer is satisfied that an illness of an Employee with at least
six months continuous paid service is directly attributable to, or is aggravated by, service
recognised under the Veterans’ Entitlements Act 1986, including:
(a) operational service; or
(b) peacekeeping service; or
(c) hazardous service.
70.2 Leave under this clause will be cumulative to a maximum of 760 hours.
70.3 This leave is in addition to personal/carer’s leave under clause 50.
70.4 The Employer may require the Employee to provide evidence of the existence of the illness
and its relationship to service specified in clause 70.1 from a registered health practitioner.
For the purpose of this clause the definition of “registered health practitioner” will be the
same as for clause 50.4.
70.5 For each period of special leave taken, the Employee must satisfy the same evidentiary
requirements as specified in clauses 50.4.
71 LEAVE WITHOUT PAY
71.1 An Employee may be granted leave without pay by the Employer for any purpose.
71.2 Unless otherwise provided for in this Agreement, leave without pay shall not break the
Employee’s continuity of employment but leave without pay will not count as service for
leave accrual or other purposes.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 96
PART 6 – OCCUPATIONAL HEALTH AND SAFETY
72 ACCIDENT MAKE-UP PAY
72.1 Where an Employee is absent from duty as a result of sustaining an injury in respect of which
the Employee is entitled to weekly payments of compensation under the Workplace Injury
Rehabilitation & Compensation Act 2013, the Employee will, except where otherwise
provided in clause 72.2 below, be entitled to accident make-up pay equivalent to his or her
normal salary less the amount of weekly compensation payments.
72.2 Payment – maximum entitlement
(a) The Employer will continue to provide accident make-up pay to the Employee for a
period of 52 weeks, or an aggregate of 261 working days or an aggregate of 1984 hours
for full time Employees or pro-rata equivalent for part time Employees, unless
employment ceases.
(b) An 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 hours for full time
Employees or pro-rata equivalent for part time Employees, or when employment
ceases or when the benefits payable under the Workplace Injury Rehabilitation &
Compensation Act 2013 cease.
(c) The Employer may grant the Employee leave without pay where an entitlement to
accident make-up pay has ended.
(d) For the avoidance of doubt, an Employee may, with the Employer’s consent, take
annual leave or long service leave whilst receiving accident make up pay.
73 OCCUPATIONAL HEALTH AND SAFETY AND REHABILITATION
73.1 Objectives
(a) This Agreement acknowledges and supports the rights of Employees to work in an
environment, which is, so far as is reasonably practicable, safe and without risks to
health. The Parties are committed to the promotion of a joint and united approach to
consultation and resolution of Occupational Health and Safety (OH&S) issues.
(b) The 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 (HSRs), of management systems and procedures designed to, so far as
is practicable to:
(i) identify, assess and control workplace hazards;
(ii) reduce the incidence and cost of occupational injury and illness;
(iii) provide a rehabilitation system for workers affected by occupational injury or
illness; and
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 97
(iv) consider the impact of changes to work practices and staffing on occupational
health and safety.
(c) OH&S statutory requirements, including regulations and codes of practice, are
minimum standards and will be improved upon where practicable.
73.2 OH&S consultation
(a) The consultative mechanisms to be applied in the Parliament to address OH&S issues
will be:
(i) in accordance with the Victorian Occupational Health & Safety Act 2004;
(ii) established in consultation with Employees and their HSRs; and
(iii) consistent with the Employer’s agreed issue resolution procedures and the
rights and functions of HSRs, consistent with the Occupational Health & Safety
Act 2004.
(b) Where an OH&S committee is established at least half the members shall be
Employees, including HSR’s.
(c) The OH&S committee must operate within the requirements of the Occupational
Health & Safety Act 2004.
(d) A CPSU industrial officer and/or representative may attend OH&S committee meetings
(by giving notice) from time to time.
73.3 OH&S training
(a) Workplace training programs, including induction and on-the-job training will outline
relevant details of OH&S policies and procedures.
(b) The contents of OH&S training programs will outline the OH&S roles and
responsibilities of Employees, managers and supervisors, OH&S policies and
procedures, particular hazards associated with their workplaces, control measures
applicable to each hazard, and how to utilise OH&S systems to identify hazards and
instigate preventative action.
(c) An Employee, upon election as a health and safety representative, shall be granted up
to five days paid leave, as soon as practicable after election to undertake an appropriate
introductory health and safety representative’s course from a training organisation of
his or her choice that is approved by the WorkSafe Victoria, having regard to course
places and the Employer’s operations. The Employer shall meet any reasonable costs
incurred.
(d) An elected health and safety representative will be required to attend annual refresher
training and other OH&S training which is relevant to the functions of the designated
work group.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 98
73.4 Designated Work Groups
(a) The Employer will review the Designated Work Groups (DWGs), and negotiate revised
DWGs where appropriate, through workplace/management consultative structures.
(b) The Employer will establish instructions for the conduct of the reviews of DWGs at the
local level.
(c) Each elected Health and Safety Representative will be provided with reasonable access
to facilities such as email, telephone, fax, office and computer access, where available.
An Employee will be granted reasonable time release or paid time (including time in
lieu) to attend to their functions as a Health and Safety Representative, including but
not limited to regularly inspecting workplaces (as defined by their designated work
group), consulting with Employees in their DWGs, OH&S representatives and other
persons involved in the organising of Employees health, safety and welfare.
(d) The Employer will post and maintain current in each workplace the names and relevant
contact details, including email where available, of elected Health and Safety
Representatives for identified DWGs. Such circular shall be required to be posted
electronically and/or on a notice board for the regular attention of all Employees
working in the workplace.
(e) To monitor the maintenance of effective OH&S structures and training delivery the
Employer will establish a central register of DWGs and their Health and Safety
Representatives.
73.5 Bullying and violence at work
The Parties to this Agreement are committed to working together to reduce bullying and
occupational assault so far as is practicable in the workplace.
73.6 Staff Support & Debriefing
(a) The Employer will provide Employee support and debriefing to Employees who have
experienced a "critical incident" during the course of the work that results in personal
distress. The Employer is committed to assisting the recovery of Employees
experiencing normal distress following a critical incident with the aim of returning
Employees to their pre-incident level of functioning as soon as possible.
(b) A critical incident is defined as an event outside the range of usual human experience
which has the potential to easily overcome a person's normal ability to cope with stress.
It may produce a negative psychological response in a person who was involved in or
witnessed such an incident.
(c) Critical incidents in the workplace environment include, but are not limited to
aggravated assaults; robbery; suicide or attempted suicide; murder; sudden or
unexpected death; hostage or siege situations; discharge of firearms; vehicle accidents
involving injury and/or substantial property damage; acts of self-harm by persons in the
care of others; industrial accidents involving serious injury or fatality; and any other
serious accidents or incidents.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 99
(d) All Employees who are required to use screen-based equipment on an ongoing and
regular basis shall be given access to annual eyesight testing. Where eyesight
deterioration is evident, the Employer shall reimburse Employees the reasonable costs
associated with eyesight testing and the purchase of prescription spectacles prescribed
specifically for such tasks.
(e) All Employees working in a noisy environment shall be given access to bi-annual hearing
testing. Where hearing deterioration is evident, the Employer shall reimburse
reasonable costs associated with hearing testing and the purchase of prescription
hearing aids.
(f) The Employer shall reimburse reasonable costs associated with loss or damage to
clothing, which occurred in the course of the Employee's work. As far as practicable,
Employees are to report the loss or damage to their immediate supervisor immediately
it occurs.
74 FACILITIES, EQUIPMENT AND ACCOMMODATION
74.1 The Employer shall provide Employees with all such uniforms, protective clothing,
instruments, equipment, tools, stationery and furniture as may be reasonably necessary for
carrying out their work except as otherwise agreed between the Parties to this Agreement.
74.2 The Employer shall provide, in readily accessible locations, first aid equipment adequate for
the nature of the Employee’s duties.
75 WORKPLACE SECURITY
The Employer will endeavour to provide all Employees with a secure workplace. Access to
personal security alarms will be provided to Employees working in direct contact with the
public as part of their ordinary duties and other Employees, where necessary.
76 EMERGENCY AND INCIDENT PROCEDURES
76.1 The Employer will consult with Employees and ensure:
(a) provision of training in incident and emergency procedures, including bomb threats,
fire, physical threats and handling of aggressive or difficult persons.
(b) that emergency evacuation drills take place in all areas at least annually;
(c) an annual review of incident and emergency procedures is conducted
(d) three-yearly independent, external assessment of incident and emergency procedures
is undertaken.
77 TRANSPORT AND TRAVEL
77.1 All Employees will be provided with appropriate forms of transport necessary to perform
their duties during working hours.
77.2 The Employer shall meet all reasonable transport costs incurred by the Employee in the
course of his or her duties, other than the cost of travelling between their place of residence
and their usual place of work, subject to the provisions of clause 77.1.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 100
77.3 Transport from work to an Employee's place of residence by taxi will be provided, upon
request, to Employees who are required to work after 8.00pm. Holders of parking permits
would not normally be entitled to taxis after 8.00pm. Taxi transport may be provided to
Employees at other times where special circumstances exist.
77.4 The Employer agrees to follow the Public Sector Overseas and Domestic Travel policy and
Guidelines as amended from time to time. This policy does not form part of this Agreement.
78 EMPLOYEE ASSISTANCE PROGRAM
The Employer agrees to continue to provide an Employee Assistance Program.
PART 7 – GENERAL
79 ELECTRONIC COMMUNICATIONS
79.1 Members of the CPSU shall be permitted by the Employer to place written material
authorised by the CPSU in the workplace in non-public areas, provided such communication
is not offensive or improper.
79.2 Employees will be allowed reasonable access to electronic communication devices to
facilitate communication between Employees and/or the CPSU, provided such
communication is not offensive or improper.
80 INDUSTRIAL RELATIONS LEAVE
80.1 An Employee who has been nominated by the CPSU and has been accepted by a training
provider to attend a trade union training course and who wishes to attend the course may
be granted up to 5 days (38 hours) leave on full pay in any one calendar year, so long as the
granting of such leave does not unduly affect the operations of the Employer
80.2 The Employee may be granted the leave under this clause where the Employer is satisfied
that the course of training is likely to contribute to a better understanding of
industrial/employee relations, occupational health and safety, safe work practices,
knowledge of industrial entitlements and the upgrading of Employee skills in all aspects of
trade union functions.
80.3 An Employee may be granted paid leave under this clause in excess of 5 days (38 hours) and
up to 10 days (76 hours) in any one calendar year subject to the total leave taken in that year
and the in subsequent year not exceeding 10 days (76 hours).
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 101
81 EMPLOYEE REPRESENTATION ON CPSU SPSF VICTORIAN BRANCH COUNCIL
81.1 Employees who are CPSU SPSF Victorian Branch Council members nominated by the Branch
Secretary of the CPSU will be entitled to a half day per month to attend Branch Council
meetings. Time release will include reasonable time to travel to the meetings.
81.2 Additional paid leave will be granted to Employees who are CPSU SPSF Victorian Branch
Council members nominated by the Branch Secretary to attend Federal Executive and Federal
Council meetings of the CPSU and the Australian Council of Trade Unions’ triennial
conference
81.3 On application, the Employer shall grant leave without pay to an Employee for the purposes
of secondment to work for a union.
82 ACCREDITED UNION REPRESENTATIVE
An accredited representative of a union shall be released by the Employer from normal duties
for such periods of time as may be reasonably necessary to enable her or him to carry out
her or his representative functions including, but not limited to, investigating any alleged
breach of this Agreement, endeavouring to resolve any dispute arising out of the operations
of this Agreement, participating in any bargaining, conciliation or arbitration process
conducted under the provisions of the FW Act. Such release must not unduly affect the
operations of employer.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 102
SCHEDULE 1 CATEGORY A & B PROVISION OF TIME IN LIEU
(a) Full time and part time Category A and B Employees employed on the date this Agreement
commences operation are eligible to receive a provision of Time in Lieu (pro-rata for part time
employees) as set out in the table below:
DATE OF PROVISION CATEGORY GRADE PROVISION
Date this Agreement
Commences Operation
A
Grade 1 to 4 25 hours
Grade 5 to 7 16 hours
B
Grade 1 to 4 36 hours
Grade 5 to 7 28 hours
1 July 2021
A
Grade 1 to 4 18.75 hours
Grade 5 to 7 12 hours
B
Grade 1 to 4 25 hours
Grade 5 to 7 21 hours
1 July 2022
A
Grade 1 to 4 12.5 hours
Grade 5 to 7 8 hours
B
Grade 1 to 4 18 hours
Grade 5 to 7 14 hours
(b) This provision will be administered in accordance with clauses 42.9 and 42.10.
(c) Employees subject to clause 44, Commuted Overtime, may request to have the provision of
Time in Lieu included in their Commuted Overtime calculations in place of receiving the
Time in Lieu hours as follows:
(i) provisions at the Date this Agreement Commences Operation and at 1 July 2021
may be included in the Commuted Overtime calculations for 2021,
(ii) the provision to be made at 1 July 2022 may be included in the Commuted
Overtime calculations for 2022.
(d) For the avoidance of doubt, an eligible Employee’s provision of Time in Lieu is determined
by the Employee’s Category of Employment and Grade at the Date of Provision.
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 103
SCHEDULE 2: PRODUCTIVITY PRINCIPLES AND PAYMENT
For the life of this Agreement, Productivity Principles and Payment will apply as set out below.
(a) Productivity Principles
The parties agree to interpret and apply this instrument with the following principles aimed
at promoting productivity, agility and the Parliamentary Officer values:
(i) The work of a modern Parliamentary Officer is not static but always changing due to
factors such as new priorities, technological advancement, changing service delivery
expectations and an evolving environment,
(ii) Parliamentary Officers are bound by the Parliamentary Officer Values of
responsiveness, integrity, impartiality, accountability, respect and leadership, pursuant
to section 5 of the Parliamentary Administration Act 2005 and these values must be
maintained and upheld when performing their duties.
(iii) Parliamentary Officers must maintain an apolitical position free from perceived or
actual bias in order to perform their duties effectively.
(b) Productivity Payment
(i) During the life of this Agreement, full time and part time Employees will be paid a once-
off annual lump sum productivity payment:
in recognition of the Parties commitment to the Productivity Principles outlined
in Schedule 2 of the Agreement, and
in recognition of the fact that the work required for a modern parliament is not
static but always changing
to acknowledge Employees are commitment to contributing and implementing
productivity improvements that improve the operations of the Parliament of
Victoria.
(ii) The productivity payment will be made as a once off lump sum payment as set out in
the table below (pro-rata for part-time Employees)
Grade Value Range
Date
Agreement
Commences
Operation
1 July 2021 1 July 2022 1 July 2023
Grade 1 1.1 – 1.4 $642 $655 $668 $682
Grade 2
2.1.1 – 2.1.8 $757 $772 $788 $803
2.2.1 – 2.2.7 $851 $868 $886 $903
Grade 3 3.1.1 - 3.1.6 $963 $982 $1,002 $1,022
PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
Page | 104
3.2.1 – 3.2.5 $1,056 $1,077 $1,099 $1,121
Grade 4 4.1 – 4.7 $1,222 $1,246 $1,271 $1,297
Grade 5
5.1 $1,373 $1,400 $1,428 $1,457
5.2 $1,503 $1,533 $1,564 $1,595
Grade 6
6.1 $1,781 $1,817 $1,854 $1,891
6.2 $2.039 $2,080 $2,122 $2,165
Grade 7
7.1 $2,318 $2,365 $2,412 $2,461
7.2 $2,566 $2,618 $2,671 $2,724
7.3 $2,815 $2,871 $2,929 $2,988
PARLIAMENTARY OFFICERS' (NON-EXECUTIVE STAFF - VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
SIGNED for and on behalf of PARLIAMENT OF VICTORIA by its authorised officers:
Signature and Date
In the Rresence of
~ 14/ 04-/ri1
Witness Signature and Date
✓-~ 4 ~ 2 C'2 /
Signature and Date
Witness Signature and Date
~~
~ate
t-oJGlt.T' ri-Dotl/t v,
BRIDGET NOmJAN (or representative)
ft-f_LERK OF THE LEGISLATIVE ASS EMBLY
Parliament House Spring Street, East Melbourne 3002
Cl rare (V\tV\J\an , 55 5\ f\(\~ ~'.
/
Name and Address of Witness ~~\t'\e\~ set,.
ANDREW YOUNG (or representative)
CLERK OF THE LEGISLATIVE COUNCIL
Parliament House Spring Street, East Melbourne 3002
Ow,5hM Sin;~ le/pa,./ liaPt,iftA.~J I-Irk~~
--------------'-------,-------,--. -- ,
Name and Address of Witness Ct-'L$J f 171 e IL, VIC. 3 DO 2..
PETER LOCHERT (or representative)
SECRETARY, DEPARTMENT OF PARLIAMENTARY SERVICES
55 St Andrews Place, East Melbourne 3002
ANTHONY CLOSE (or representative)
PARLIAMENTARY BUDGET OFFICER
55 St Andrews Place, East Melbourne 3002
~'"' ~'/~nJfVvH
c//i, t3o.X .:J2.q5: ~Atr ~l.!l'lrnff
Na'me and Address of Witness €)u:, f././ 'CJi
SIGNED for and on behalf of the CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION as a nominated bargaining
representative: / t &A KAREN BATT (or representative)
1(,2~ CPSU SPSF VICTORIAN BRANCH SECRETARY
Signature and Date JS-/ ¥-j ex/ Level 4, 128 Exhibition Street, Melbourne 3000
?:::~ ~ --- ,sl4--/~,
Witness Signature and Date
Page 1105
• v\'\,()tv OAP'2J9-0:,,s~;.~~ '5v0'L
Name and Address of Witness
PARLIAMENTARY OFFICERS' (NON-EXECUTIVE STAFF - VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020 SIGNED for and on behalf of PARLIAMENT OF VICTORIA by its authorised officers: ROBERT MCDONALD R.MD add 14/4/21 BRIDGET NOONAN (or representative) A- CLERK OF THE LEGISLATIVE ASSEMBLY Signature and Date Parliament House Spring Street, East Melbourne 3002 In the presence of 14/04/21 Clare McMullan, 55 St Andrews Place Witness Signature and Date Name and Address of Witness East Melbarre 3002 13- 4-2021 ANDREW YOUNG (or representative) CLERK OF THE LEGISLATIVE COUNCIL Signature and Date Parliament House Spring Street, East Melbourne 3002 and AT 14-421 Christina Smith, Parliament House, Witness Signature and Date Name and Address of Witness East Melb VIC 3002 Davet, 13. PETER LOCHERT (or representative) 15. 12. 2021 SECRETARY, DEPARTMENT OF PARLIAMENTARY SERVICES Signature and Date 55 St Andrews Place, East Melbourne 3002 In the presence of Jun GHCulos 13/4/2021 Lisa Hultin, DPS, 55 St Andrews Place Witness Signature and Date Name and Address of Witness East Melbourne VIC 3002 ANTHONY CLOSE (or representative) PARLIAMENTARY BUDGET OFFICER Signature and Date 55 St Andrews Place, East Melbourne 3002 In the presence of COLIN PETER TERNONTH Remo 14/4/2021 C/ PO BOX 7245 EAST BRISBANE Witness Signature and Date Name and Address of Witness OLD 4169 SIGNED for and on behalf of the CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION as a nominated bargaining representative: Karen Bast KAREN BATT (or representative) CPSU SPSF VICTORIAN BRANCH SECRETARY Signature and Date 15/4/21 Level 4, 128 Exhibition Street, Melbourne 3000 In the presence of 15/4/21 SIMON CAPRARO, SE ST ANDREWS T MELBOURNE, 3002 Witness Signature and Date Name and Address of Witness Page | 105
PARLIAMENTARY OFFICERS' {NON-EXECUTIVE STAFF - VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020
SIGNED for and on behalf of the EMPLOYEE BARGAINING REPRESENTATIVES as a nominated bargaining
representative:
Signature and Date
ANTHONY BESHARA
EMPLOYEE BARGAINING REPRESENTATIVE
55 St Andrews Place, East Melbourne 3002
In the presence : ~. .
--~~~ --2_3 '~4_,?JJL, 801 t:ouLDU~S
Witness Signature and Date Name and Address of Witness
a~/ ~Z/
Signat~
~ /4: 4-. d I
Witness Signature and Date
Page 1106
ANDREW GAFF
EMPLOYEE BARGAINING REPRESENTATIVE
Parliament House Spring Street, East Melbourne 3002
f;r'l?t' Jo~ c/4 q:;h¼ ~ t. Mto.
Name and Address of Witness
VAUGHN KOOPS
EMPLOYEE BARGAINING REPRESENTATIVE
Parliament House Spring Street, East Melbourne 3002
vf Kttt--\Ew Jo~N % ~ 4rt~feub f\~Cc
t
Name and Address of Witness ful- M£l ba.u /4.f!._
PARLIAMENTARY OFFICERS' (NON-EXECUTIVE STAFF - VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020 SIGNED for and on behalf of the EMPLOYEE BARGAINING REPRESENTATIVES as a nominated bargaining representative: A.B. 23/04/21 ANTHONY BESHARA EMPLOYEE BARGAINING REPRESENTATIVE Signature and Date 55 St Andrews Place, East Melbourne 3002 In the presence of * 23/4/2021 BETI KOLLOMMENDAS 55 ST ANDREWS PL EAST MELB 3002 Witness Signature and Date Name and Address of Witness 14/4/2021 ANDREW GAFF EMPLOYEE BARGAINING REPRESENTATIVE Signature and Date Parliament House Spring Street, East Melbourne 3002 In the presence of 14.4.21 Bree Jones c/o Spring St, E. Melb. Witness Signature and Date Name and Address of Witness Vardiy 15/4/21 VAUGHN KOOPS EMPLOYEE BARGAINING REPRESENTATIVE Signature and Date Parliament House Spring Street, East Melbourne 3002 15/4/21 MATTHEW JORDON, 55 St Andrews Place Witness Signature and Date Name and Address of Witness East Melbaung Page | 106
IN THE FAIR WORK COMMISSION
FWC Matter No.:
Applicant:
AG2021 /4692
Department of Parliamentary Services
Department of the Legislative Assembly
Department of the Legislative Council
Parliamentary Budget Office
Section 185 - Application for approval of a single enterprise agreement
Undertaking -Section 190
I, Richard Jordan, Manager, People Operations have the authority given to me by the
Department of Parliamentary Services, the Department of the Legislative Assembly, the
Department of the Legislative Council and the Parliamentary Budget Office to give the
following undertakings with respect to the Parliamentary Officers' (Non-Executive Staff -
Victoria) Single Enterprise Agreement 2020 ("the Agreement"):
Clause 17.4 Abandonment of Employment
Clause 17.4 is subject to the Requirements for Notice of Termination outlined in
section 117 of the Fair Work Act 2009.
Clause 49.4(a) Substitution of Public Holiday
Clause 49.4(a) is to have no effect other than to provide that the Employer and
Employee may agree to substitute another day for a day that would otherwise
be a public holiday under the National Employment Standards.
Clause 55 Flexible Working Arrangements
Clause 55 does not limit an Employee's right to request Flexible Working
Arrangements pursuant to section 65 of the Fair Work Act 2009.
These undertakings are provided on the basis of issues raised by the Fair Work Commission
in the application before the Fair Work Commission.
Signatu~ . __ ,
On behalf of:
Anthony Close
Parliamentary Budget Officer
Peter Lochert
Secretary of the Department of Parliamentary
Services
Date
Bridget Noonan
Clerk of the Legislative Assembly
Andrew Young
Clerk of the Legislative Council
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/4692 Applicant: Department of Parliamentary Services Department of the Legislative Assembly Department of the Legislative Council Parliamentary Budget Office Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Richard Jordan, Manager, People Operations have the authority given to me by the Department of Parliamentary Services, the Department of the Legislative Assembly, the Department of the Legislative Council and the Parliamentary Budget Office to give the following undertakings with respect to the Parliamentary Officers' (Non-Executive Staff - Victoria) Single Enterprise Agreement 2020 ("the Agreement"): Clause 17.4 Abandonment of Employment Clause 17.4 is subject to the Requirements for Notice of Termination outlined in section 117 of the Fair Work Act 2009. Clause 49.4(a) Substitution of Public Holiday Clause 49.4(a) is to have no effect other than to provide that the Employer and Employee may agree to substitute another day for a day that would otherwise be a public holiday under the National Employment Standards. Clause 55 Flexible Working Arrangements Clause 55 does not limit an Employee's right to request Flexible Working Arrangements pursuant to section 65 of the Fair Work Act 2009. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. 29/4/2021 Date On behalf of: Anthony Close Bridget Noonan Parliamentary Budget Officer Clerk of the Legislative Assembly Peter Lochert Secretary of the Department of Parliamentary Andrew Young Services Clerk of the Legislative Council
