Ravenhall Correctional Centre Enterprise Agreement 2021
Search Document
Close...Group Australia Pty Ltd
(AG2021/4760)
RAVENHALL CORRECTIONAL CENTRE ENTERPRISE
AGREEMENT 2021
Corrections and detentions
COMMISSIONER WILSON MELBOURNE, 7 MAY 2021
Application for approval of the Ravenhall Correctional Centre Enterprise Agreement 2021.
[1] An application has been made for approval of an enterprise agreement known as the
Ravenhall Correctional Centre Enterprise Agreement 2021 (the Agreement). The application
was made pursuant to...
... 2021
Corrections and detentions
COMMISSIONER WILSON MELBOURNE, 7 MAY 2021
Application for approval of the .
[1] An application has been made for approval of an enterprise agreement known as the
Ravenhall Correctional Centre Enterprise Agreement 2021 (the Agreement). The application
was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The
GEO Group Australia Pty Ltd. The Agreement is a single enterprise agreement....
...nder the Award for the applicable period will be paid to the employee in the
next pay period after the review is completed.
Date
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/4760 Re: the Ravenhall Correctional Centre Enterprise Agreement 2021 Applicant: The GEO Group Australia Pty Ltd
Undertaking - Section 190 (, Pieter Bezuidenhout, Managing Director of The GEO Group Australia Pty Ltd (GEO), being authorised by my position to do so, giv...
...rtaking - Section 190 (, Pieter Bezuidenhout, Managing Director of The GEO Group Australia Pty Ltd (GEO), being authorised by my position to do so, give the following undertakings with respect to the Ravenhall Correctional Centre Enterprise Agreement 2021 (Agreement): 1. For the purposes of the NES and the entitlement 5 weeks of annual leave for a shift worker, the definition of a shift worker is as provided for in clause 23.1.5, being an employee, wh...
...
RAVENHALL CORRECTIONAL CENTRE ENTERPRISE AGREEMENT 2021
RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL
RAVENHALL CORRECTIONAL CENTRE ENTERPRISE AGREEMENT 2021 RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL
...
...
RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL
RAVENHALL CORRECTIONAL CENTRE ENTERPRISE AGREEMENT 2021 RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL
...
...
PART 1-APPLICATION AND OPERATION OF AGREEMENT
1. TITLE
1.1 This Agreement shall be referred to as the Ravenhall Correctional Centre Enterprise Agreement 2021
(this Agreement)
2. WHO IS COVERED BY THIS AGREEMENT
2.1 This Agreement covers the following parties:
2.1.1 The GEO Group Australia Pty Ltd (GEO);
2.1.2 Upon application and subject to section 183 of the Fair Work Act The Community and Public
Sector Union (Union or CPSU); and...
...ive to an employee.
RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 4 of 28
PART 1 - APPLICATION AND OPERATION OF AGREEMENT 1. TITLE 1.1 This Agreement shall be referred to as the Ravenhall Correctional Centre Enterprise Agreement 2021 (this Agreement) 2. WHO IS COVERED BY THIS AGREEMENT 2.1 This Agreement covers the following parties: 2.1.1 The GEO Group Australia Pty Ltd (GEO); 2.1.2 Upon application and subject to section 183 of...
...nder the Award for the applicable period will be paid to the employee in the
next pay period after the review is completed.
Date
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/4760 Re: the Ravenhall Correctional Centre Enterprise Agreement 2021 Applicant: The GEO Group Australia Pty Ltd Undertaking - Section 190 I, Pieter Bezuidenhout, Managing Director of The GEO Group Australia Pty Ltd (GEO), being authorised by my position to do so, give...
...rtaking - Section 190 I, Pieter Bezuidenhout, Managing Director of The GEO Group Australia Pty Ltd (GEO), being authorised by my position to do so, give the following undertakings with respect to the Ravenhall Correctional Centre Enterprise Agreement 2021 (Agreement): 1. For the purposes of the NES and the entitlement 5 weeks of annual leave for a shift worker, the definition of a shift worker is as provided for in clause 23.1.5, being an employee, wh...
1 Fair Work Act 2009 s.185—Enterprise agreement The GEO Group Australia Pty Ltd (AG2021/4760) RAVENHALL CORRECTIONAL CENTRE ENTERPRISE AGREEMENT 2021 Corrections and detentions COMMISSIONER WILSON MELBOURNE, 7 MAY 2021 Application for approval of the Ravenhall Correctional Centre Enterprise Agreement 2021. [1] An application has been made for approval of an enterprise agreement known as the Ravenhall Correctional Centre Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The GEO Group Australia Pty Ltd. The Agreement is a single enterprise agreement. [2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement. [3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. [4] The Community and Public Sector Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation. [2021] FWCA 2569 DECISION FairWork Commission AUSTRALIA FairWork Commission[2021] FWCA 2569 2 [5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2021. The nominal expiry date of the Agreement is 10 August 2022. COMMISSIONER Printed by authority of the Commonwealth Government Printer AE511359 PR729609 OF THE FAIR WORK C AUSTRALIA MMISSION THE SEAL[2021] FWCA 2569 3 Annexure A IN THE FAIR WORK COMMISSION FWC Matter No.: AG2021/4760 Re: the Ravenha/1 Correctional Centre Enterprise Agreement 2021 Applicant: The GEO Group Australia Pty Ltd Undertaking - Section 190 I, Pieter Bezuidenhout, Managing Director of The GEO Group Australia Pty Ltd (GEO), being authorised by my position to do so, give the following undertakings with respect to the Ravenha/1 Correctional Centre Enterprise Agreement 2021 (Agreement): 1. For the purposes of the NES and the entitlement 5 weeks of annual leave for a shift worker, the definition of a shift worker is as provided for in clause 23.1.5, being an employee, whose hours of work are rostered and may be worked on any or all days of the week including Saturdays, Sundays and Public Holidays. For clarity, the fifth week of annual leave for these shift workers is provided for in clause 27.1 where they are identified as "Shift Work - 80 Hours PFN' (per fortn ight) with a leave entitlement of 200 hours per annum, and "Shift Work - 84 Hours PFN" with an entitlement of 210 hours per annum, noting that the leave entitlements have been calculated on rostered hours as opposed to ordinary hours. 2. The rostered hours of work for full-time correctional employees and full -time catering staff provided for in clauses 23. 1.3 and 23.1 .4 are inclusive of ordinary hours and excess hours which have been as agreed as reasonable for the purposes of s63(2) of the Fair Work Act 2009. 3. Trainee Correctional Officers - at the end of the training period GEO will determine whether there is any shortfall in total remuneration of the trainee during that training period when compared with the Corrections and Detention (Private Sector) Award 2020 (Award). The amount of any shortfall identified by GEO plus an amount of 1 % of the remuneration calculated under the Award for the applicable period will be paid to the employee in the next pay period after the review is completed. Date IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/4760 Re: the Ravenhall Correctional Centre Enterprise Agreement 2021 Applicant: The GEO Group Australia Pty Ltd Undertaking - Section 190 (, Pieter Bezuidenhout, Managing Director of The GEO Group Australia Pty Ltd (GEO), being authorised by my position to do so, give the following undertakings with respect to the Ravenhall Correctional Centre Enterprise Agreement 2021 (Agreement): 1. For the purposes of the NES and the entitlement 5 weeks of annual leave for a shift worker, the definition of a shift worker is as provided for in clause 23.1.5, being an employee, whose hours of work are rostered and may be worked on any or all days of the week including Saturdays Sundays and Public Holidays For clarity the fifth of annual leave for these shift workers is provided for in clause 27.1 where they are identified as "Shift Work - 80 Hours PFN" (per fortnight) with a leave entitlement of 200 hours per annum, and "Shift Work - 84 Hours PFN" with an entitlement of 210 hours per annum, noting that the leave entitlements have been calculated on rostered hours as opposed to ordinary hours. 2. The rostered hours of work for full-time correctional employees and full-time catering staff provided for in clauses 23.1.3 and 23.1.4 are inclusive of ordinary hours and excess hours which have been as agreed as reasonable for the purposes of s63(2) of the Fair Work Act 2009. 3. Trainee Correctional Officers - at the end of the training period GEO will determine whether there is any shortfall in total remuneration of the trainee during that training period when compared with the Corrections and Detention (Private Sector) Award 2020 (Award). The amount of any shortfall identified by GEO plus an amount of 1% of the remuneration calculated under the Award for the applicable period will be paid to the employee in the next pay period after the review is completed. 6/5/21 Pieter Bezuidenhout DateRAVENHALL CORRECTIONAL CENTRE ENTERPRISE AGREEMENT 2021 RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL RAVENHALL CORRECTIONAL CENTRE ENTERPRISE AGREEMENT 2021 RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINALmuccio Undertakings TABLE OF CONTENTS PART 1-APPLICATION AND OPERATION OF AGREEMENT .................................................................... 4 1. TITLE ................................................................................................................................................... 4 2. WHO IS COVERED BY THIS AGREEMENT ............................................................................................ 4 3. WHEN THIS AGREEMENT APPLIES AND PERIOD OF OPERATION ...................................................... 4 4. INTERACTION WITH AWARDS AND SAVINGS CLAUSE ....................................................................... 4 5. DEFINITIONS ....................................................................................................................................... 4 6. ANTI-DISCRIMINATION AND BULLYING ............................................................................................. 4 PART 2 -CONSULTATION, CONDUCT, DISCIPLINE, DISPUTE RESOLUTION AND COMMUNICATION ........ 5 7. CONSULTATIVE COMMITTEE ............................................................................................................. 5 8. CODE OF CONDUCT, CONFIDENTIALITY AND DISCIPLINE .................................................................. 5 9. PROCEDURE FOR AVOIDANCE OF DISPUTES ..................................................................................... 6 10. RIGHT OF ENTRY ............................................................................................................................ 7 11. IMPLEMENTATION OF CHANGE ..................................................................................................... 7 12. COMMUNICATIONS ....................................................................................................................... 7 PART 3 - GEO'S AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS ................................................................................................................................ 8 13. EMPLOYMENT CATEGORIES ........................................................................................................... 8 14. TERMINATION OF EMPLOYMENT .................................................................................................. 8 15. REDUNDANCY/REDEPLOYMENT .................................................................................................... 9 16. OUTSIDE EMPLOYMENT ................................................................................................................. 9 17. FLEXIBILITY ARRANGEMENTS ....................................................................................................... 10 PART 4 - WAG ES AND RELATED MA TIERS ......................................................................................... 10 18. CLASSIFICATIONS ......................................................................................................................... 10 19. ALLOWANCES ............................................................................................................................... 12 20. PAYMENT OF WAGES ................................................................................................................... 12 21. SUPERANNUATION ...................................................................................................................... 14 22. SALARY DEDUCTIONS AND SALARY SACRIFICE ............................................................................ 14 PART 5 - HOURS OF WORK, BREAKS, OVERTIME AND NOTIFICATION OF SHIFTS ................................. 14 23. HOURS OF WORK ......................................................................................................................... 14 24. BREAKS AND OTHER ALLOWANCES ............................................................................................. 16 25. OVERTIME .................................................................................................................................... 17 26. NOTIFICATION OF SHIFTS AND WORK LOCATION ....................................................................... 17 PART 6 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS .......................................................................... 18 27. ANNUAL LEAVE ............................................................................................................................ 18 28. EMPLOYEE PURCHASED ADDITIONAL ANNUAL LEAVE ................................................................ 18 29. CASHING-IN OF EXCESS LEAVE ENTITLEMENTS ........................................................................... 19 30. AMOUNT OF PERSONAL/CARER'S LEAVE .................................................................................... 19 31. UNPAID CARER'S LEAVE ............................................................................................................... 20 32. PAYMENT FOR PERSONAL/CARER'S LEAVE .................................................................................. 20 33. PERSONAL/CARERS LEAVE APPLICATION ..................................................................................... 20 34. DOCUMENTARY EVIDENCE REQUIREMENTS ............................................................................... 21 35. PERSONAL LEAVE DONATION ...................................................................................................... 21 36. COMPASSIONATE LEAVE .............................................................................................................. 21 37. SPECIAL LEAVE AND OTHER LEAVE .............................................................................................. 21 38. PARENTAL LEAVE ......................................................................................................................... 21 39. PUBLIC HOLIDAYS ......................................................................................................................... 22 40. COMMUNITY SERVICE LEAVE ....................................................................................................... 22 41. ATTENDANCE AT BLOOD BANK .................................................................................................... 23 42. ATTENDANCE AT REPATRIATION CENTRES .................................................................................. 23 43. LONG SERVICE LEAVE ................................................................................................................... 23 44. COURT LEAVE ............................................................................................................................... 23 45. DEFENCE RESERVE SERVICE LEAVE .............................................................................................. 24 RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021- FINAL Page 2 of 28 TABLE OF CONTENTS PART 1 - APPLICATION AND OPERATION OF AGREEMENT ... 4 1. TITLE .... ... 4 2. WHO IS COVERED BY THIS AGREEMENT ... ... 4 3. WHEN THIS AGREEMENT APPLIES AND PERIOD OF OPERATION ... 4 4. INTERACTION WITH AWARDS AND SAVINGS CLAUSE ... 4 5. DEFINITIONS. ... 4 6. ANTI-DISCRIMINATION AND BULLYING ... 4 PART 2 - CONSULTATION, CONDUCT, DISCIPLINE, DISPUTE RESOLUTION AND COMMUNICATION ... 5 7. CONSULTATIVE COMMITTEE ... 5 8. CODE OF CONDUCT, CONFIDENTIALITY AND DISCIPLINE ... 5 9. PROCEDURE FOR AVOIDANCE OF DISPUTES ... 6 10. RIGHT OF ENTRY . 7 11. IMPLEMENTATION OF CHANGE ... 7 12. COMMUNICATIONS ... 7 PART 3 - GEO'S AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS . 8 13. EMPLOYMENT CATEGORIES 8 14. TERMINATION OF EMPLOYMENT 8 15. REDUNDANCY/REDEPLOYMENT . 9 16. OUTSIDE EMPLOYMENT .9 17. FLEXIBILITY ARRANGEMENTS 10 PART 4 - WAGES AND RELATED MATTERS 10 18. CLASSIFICATIONS 10 19. ALLOWANCES .... 12 20. PAYMENT OF WAGES 12 21. SUPERANNUATION 14 22. SALARY DEDUCTIONS AND SALARY SACRIFICE 14 PART 5 - HOURS OF WORK, BREAKS, OVERTIME AND NOTIFICATION OF SHIFTS 14 23. HOURS OF WORK. 14 24. BREAKS AND OTHER ALLOWANCES 16 25. OVERTIME .. 17 26. NOTIFICATION OF SHIFTS AND WORK LOCATION 17 PART 6 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 18 27. ANNUAL LEAVE 18 28. EMPLOYEE PURCHASED ADDITIONAL ANNUAL LEAVE. 18 29. CASHING-IN OF EXCESS LEAVE ENTITLEMENTS 19 30. AMOUNT OF PERSONAL/CARER'S LEAVE 19 31. UNPAID CARER'S LEAVE 20 32. PAYMENT FOR PERSONAL/CARER'S LEAVE 20 33. PERSONAL/CARERS LEAVE APPLICATION. 20 34. DOCUMENTARY EVIDENCE REQUIREMENTS 21 35. PERSONAL LEAVE DONATION 21 36. COMPASSIONATE LEAVE 21 37. SPECIAL LEAVE AND OTHER LEAVE 21 38. PARENTAL LEAVE 21 39 PUBLIC HOLIDAYS. 22 40. COMMUNITY SERVICE LEAVE. 22 41. ATTENDANCE AT BLOOD BANK 23 42. ATTENDANCE AT REPATRIATION CENTRES 23 43. LONG SERVICE LEAVE 23 44. COURT LEAVE 23 45 DEFENCE RESERVE SERVICE LEAVE 24 RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 2 of 28PART 7 -TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK ...................................... 24 46. TRAVELLING, TRANSPORT AND FARES ......................................................................................... 24 PART 8-TRAINING AND RELATED MATTERS ...................................................................................... 24 47. TRAINING ..................................................................................................................................... 24 48. TRADE UNION TRAINING LEAVE .................................................................................................. 25 PART 9-OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES ........ 25 49. WORKERS COMPENSATION ......................................................................................................... 25 50. OCCUPATIONAL HEALTH AND SAFETY ......................................................................................... 25 51. CLOTHING, EQUIPMENT AND TOOLS ........................................................................................... 25 PART 10 -AGREEMENT AVAILABILITY AND COMPLIANCE ................................................................... 26 53. TIME AND RECORDS ..................................................................................................................... 26 54. AVAILABILITY OF THIS AGREEMENT.. ........................................................................................... 26 55. NEXT AGREEMENT ....................................................................................................................... 26 56. AGREEMENT REVIEW ................................................................................................................... 26 SCHEDULE 1 RIGHT TO REQUEST CASUAL CONVERSION RCC ENTERPRISE AGREEMENT 2021 GEO· 18 March 2021 - FINAL Page 3 of 28 PART 7 - TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK. 24 46. TRAVELLING, TRANSPORT AND FARES 24 PART 8 - TRAINING AND RELATED MATTERS 24 47. TRAINING 24 48. TRADE UNION TRAINING LEAVE 25 PART 9 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES 25 49. WORKERS COMPENSATION .... 25 50. OCCUPATIONAL HEALTH AND SAFETY 25 51. CLOTHING, EQUIPMENT AND TOOLS .. 25 PART 10 - AGREEMENT AVAILABILITY AND COMPLIANCE 26 53. TIME AND RECORDS .... 26 54. AVAILABILITY OF THIS AGREEMENT 26 55. NEXT AGREEMENT 26 56. AGREEMENT REVIEW 26 SCHEDULE 1 RIGHT TO REQUEST CASUAL CONVERSION RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 3 of 28PART 1-APPLICATION AND OPERATION OF AGREEMENT 1. TITLE 1.1 This Agreement shall be referred to as the Ravenhall Correctional Centre Enterprise Agreement 2021 (this Agreement) 2. WHO IS COVERED BY THIS AGREEMENT 2.1 This Agreement covers the following parties: 2.1.1 The GEO Group Australia Pty Ltd (GEO); 2.1.2 Upon application and subject to section 183 of the Fair Work Act The Community and Public Sector Union (Union or CPSU); and 2.1.3 All employees who are engaged as per the classification schedule in clause 20 of this Agreement. 3. WHEN THIS AGREEMENT APPLIES AND PERIOD OF OPERATION 3.1 This Agreement will operate 7 days after it is approved by the Fair Work Commission. 3.2 The nominal expiry date of this Agreement is 10 August 2022. 3.3 The parties agree to commence negotiations for a new agreement to replace this Agreement no later than six months prior to the nominal expiry date. 4. INTERACTION WITH AWARDS AND SAVINGS CLAUSE 4.1 This Agreement operates to the exclusion of the Corrections and Detention {Private Sector) Award 2010, and any other modern award which might otherwise apply. 4.2 No employee will have his or her overall pay and conditions reduced as a result of the making of this Agreement. 5. DEFINITIONS 5.1 In this Agreement: 5.1.1 The Act means the Fair Work Act 2009 (Cth) and any amendments or successor legislation; 5.1.2 Commencement Date is the date identified in clause 3.1. 5.1.3 GEO, Company and the Employer means The GEO Group Australia Pty Ltd (ACN 051130 060); 5.1.4 CPSU and Union means the Community and Public Sector Union; 5.1.5 Party or Parties means the persons and organisations covered by the Agreement as set out in clause 2. 6. ANTI-DISCRIMINATION AND BULLYING 6.1 It is the intention of the parties to this Agreement to achieve the object of helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin and to promote respectful workplace behaviour. 6.2 Discrimination, harassment and bullying will not be tolerated in the workplace. 6.3 Harassment is defined as including words or physical behaviour, including of a sexual nature, which is unwelcome or offensive to an employee. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 4 of 28 PART 1 - APPLICATION AND OPERATION OF AGREEMENT 1. TITLE 1.1 This Agreement shall be referred to as the Ravenhall Correctional Centre Enterprise Agreement 2021 (this Agreement) 2. WHO IS COVERED BY THIS AGREEMENT 2.1 This Agreement covers the following parties: 2.1.1 The GEO Group Australia Pty Ltd (GEO); 2.1.2 Upon application and subject to section 183 of the Fair Work Act The Community and Public Sector Union (Union or CPSU); and 2.1.3 All employees who are engaged as per the classification schedule in clause 20 of this Agreement. 3. WHEN THIS AGREEMENT APPLIES AND PERIOD OF OPERATION 3.1 This Agreement will operate 7 days after it is approved by the Fair Work Commission. 3.2 The nominal expiry date of this Agreement is 10 August 2022. 3.3 The parties agree to commence negotiations for a new agreement to replace this Agreement no later than six months prior to the nominal expiry date. 4. INTERACTION WITH AWARDS AND SAVINGS CLAUSE 4.1 This Agreement operates to the exclusion of the Corrections and Detention (Private Sector) Award 2010, and any other modern award which might otherwise apply. 4.2 No employee will have his or her overall pay and conditions reduced as a result of the making of this Agreement. 5. DEFINITIONS 5.1 In this Agreement: 5.1.1 The Act means the Fair Work Act 2009 (Cth) and any amendments or successor legislation; 5.1.2 Commencement Date is the date identified in clause 3.1. 5.1.3 GEO, Company and the Employer means The GEO Group Australia Pty Ltd (ACN 051130 060); 5.1.4 CPSU and Union means the Community and Public Sector Union; 5.1.5 Party or Parties means the persons and organisations covered by the Agreement as set out in clause 2. 6. ANTI-DISCRIMINATION AND BULLYING 6.1 It is the intention of the parties to this Agreement to achieve the object of helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin and to promote respectful workplace behaviour. 6.2 Discrimination, harassment and bullying will not be tolerated in the workplace. 6.3 Harassment is defined as including words or physical behaviour, including of a sexual nature, which is unwelcome or offensive to an employee. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 4 of 286.4 Harassment, sexual or otherwise, that occurs in the workplace shall be dealt with in accordance with relevant legislation. 6.5 GEO must not discriminate against any employee in connection with engagement, promotion or dismissal. PART 2- CONSULTATION, CONDUCT, DISCIPLINE, DISPUTE RESOLUTION AND COMMUNICATION 7. CONSULTATIVE COMMITTEE 7.1 The parties to this Agreement will participate in a Ravenhall Correctional Centre Joint Workplace Consultative Committee. The Committee will develop and maintain a charter for its operation. 7.2 The Committee will work on the basis of consensus and if there is a deadlock then the dispute resolution process (set out in clause 9) shall apply. 7.3 The composition of the Committee will be determined by the parties. The parties agree to cap the number of representatives to no more than 5 for each party. The employee representatives shall be made up of either of the following: 7.3.1 Relevant Union delegates; 7.3.2 Any other persons elected by employees. 7.4 For the purposes of ensuring matters are discussed appropriately, a quorum of at least two management representatives (or proxy) and three employee representatives must be in attendance for the meeting to proceed. 7.5 Where a matter raised in the Committee remains unresolved for a period in excess of three months, the General Manager at Ravenhall Correctional Centre will provide a written explanation as to the reason for not resolving such matter to the Committee and such explanation will form part of the minutes of the Committee. 8. CODE OF CONDUCT, CONFIDENTIALITY AND DISCIPLINE 8.1 Employees must comply with GEO's Code of Conduct and Ethical Behaviour Policy (the Code) as in place and amended from time to time. This Code does not form part of the Agreement. 8.2 Employees shall not, either during the period of this Agreement or thereafter, disclose to any person any information of a secret or confidential nature (being information not in the public domain) relating to the business affairs of GEO, except as authorised in writing by GEO or to enable the performance of the employees' duties with GEO. 8.3 Any alleged breach by an employee of the Code or other requirements of their position may be dealt with as a disciplinary matter. The process for disciplinary matters will recognise the principles of natural justice, and in particular: 8.3.1 The necessity to advise an employee, in writing, of any allegations and the basis of those allegations; 8.3.2 The right to be represented by the Union and/or a fellow employee as a support person during the investigative or disciplinary process; 8.3.3 The opportunity to respond to any allegations within a reasonable time including any mitigating circumstances; and 8.3.4 That a disciplinary outcome should be proportionate to the conduct. 8.4 The right of an employee to challenge any disciplinary action will be in accordance with clause 9 below. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Pages of 28 6.4 Harassment, sexual or otherwise, that occurs in the workplace shall be dealt with in accordance with relevant legislation. 6.5 GEO must not discriminate against any employee in connection with engagement, promotion or dismissal. PART 2 - CONSULTATION, CONDUCT, DISCIPLINE, DISPUTE RESOLUTION AND COMMUNICATION 7. CONSULTATIVE COMMITTEE 7.1 The parties to this Agreement will participate in a Ravenhall Correctional Centre Joint Workplace Consultative Committee. The Committee will develop and maintain a charter for its operation. 7.2 The Committee will work on the basis of consensus and if there is a deadlock then the dispute resolution process (set out in clause 9) shall apply. 7.3 The composition of the Committee will be determined by the parties. The parties agree to cap the number of representatives to no more than 5 for each party. The employee representatives shall be made up of either of the following: 7.3.1 Relevant Union delegates; 7.3.2 Any other persons elected by employees. 7.4 For the purposes of ensuring matters are discussed appropriately, a quorum of at least two management representatives (or proxy) and three employee representatives must be in attendance for the meeting to proceed. 7.5 Where a matter raised in the Committee remains unresolved for a period in excess of three months, the General Manager at Ravenhall Correctional Centre will provide a written explanation as to the reason for not resolving such matter to the Committee and such explanation will form part of the minutes of the Committee. 8. CODE OF CONDUCT, CONFIDENTIALITY AND DISCIPLINE 8.1 Employees must comply with GEO's Code of Conduct and Ethical Behaviour Policy (the Code) as in place and amended from time to time. This Code does not form part of the Agreement. 8.2 Employees shall not, either during the period of this Agreement or thereafter, disclose to any person any information of a secret or confidential nature (being information not in the public domain) relating to the business affairs of GEO, except as authorised in writing by GEO or to enable the performance of the employees' duties with GEO. 8.3 Any alleged breach by an employee of the Code or other requirements of their position may be dealt with as a disciplinary matter. The process for disciplinary matters will recognise the principles of natural justice, and in particular: 8.3.1 The necessity to advise an employee, in writing, of any allegations and the basis of those allegations; 8.3.2 The right to be represented by the Union and/or a fellow employee as a support person during the investigative or disciplinary process; 8.3.3 The opportunity to respond to any allegations within a reasonable time including any mitigating circumstances; and 8.3.4 That a disciplinary outcome should be proportionate to the conduct. 8.4 The right of an employee to challenge any disciplinary action will be in accordance with clause 9 below. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 5 of 288.5 Discipline Process 8.5.1 Where an allegation of misconduct is received by the Employer, the following procedure is to be followed: a) Establish the facts of the allegations by conducting a preliminary, fact-finding investigation. b) Where initial evidence indicates a possible 'case to answer', determine whether formal or informal processes are appropriate. I. Informal: To be dealt with via counselling and/or performance management plan. II. Formal: Terms of Reference (TOR) are to be used, outlining allegations and terms of disciplinary investigation to be conducted. c) Where the evidence reveals no case to answer, the process ceases. d) The following progressive disciplinary outcomes may apply in the case of employee disciplinary infractions and breaches of centre rules, regulations, practices and procedures: I. Verbal counselling and/or reprimand. II. Written notice of rules violation or written reprimand. Ill. Refusal of progression within a classification for up to a maximum of 12 months. IV. Level demotion to a lower classification for up to a maximum of 12 months. V. Suspension without pay for up to a maximum 14 days. VI. Termination. 8.5.2 GEO agrees not to suspend or terminate employment for a reason which is harsh, unjust, or unreasonable. 8.5.3 GEO is committed to the principles of procedural fairness and will ensure they are implemented in all stages of disciplinary matters for the course of this Agreement. 9. PROCEDURE FOR AVOIDANCE OF DISPUTES 9.1 Subject to clause 12 a dispute or grievance about a matter arising under this Agreement, or in relation to the National Employment Standards provided for in the Act, must be dealt with in the following manner: 9.1.1 The matter must first be discussed by the aggrieved employee with his or her immediate supervisor. 9.1.2 On receipt of a grievance GEO undertakes to ensure that the matter is dealt with promptly and without undue delay. 9.1.3 Whether the matter is considered by the complainant's supervisor or another employer representative, mediation and/or conciliation should be considered in the first instance as a resolution mechanism. RCC ENTERPRISE AGREEMENT 2021 GEO -18 March 2021- FINAL Page 6 of 28 8.5 Discipline Process 8.5.1 Where an allegation of misconduct is received by the Employer, the following procedure is to be followed: a) Establish the facts of the allegations by conducting a preliminary, fact-finding investigation. b) Where initial evidence indicates a possible 'case to answer', determine whether formal or informal processes are appropriate. 1. Informal: To be dealt with via counselling and/or performance management plan. Formal: Terms of Reference (TOR) are to be used, outlining allegations and terms of = disciplinary investigation to be conducted. c) Where the evidence reveals no case to answer, the process ceases. d) The following progressive disciplinary outcomes may apply in the case of employee disciplinary infractions and breaches of centre rules, regulations, practices and procedures: 1. Verbal counselling and/or reprimand. 11. Written notice of rules violation or written reprimand. III. Refusal of progression within a classification for up to a maximum of 12 months. IV. Level demotion to a lower classification for up to a maximum of 12 months. V. Suspension without pay for up to a maximum 14 days. VI. Termination. 8.5.2 GEO agrees not to suspend or terminate employment for a reason which is harsh, unjust, or unreasonable. 8.5.3 GEO is committed to the principles of procedural fairness and will ensure they are implemented in all stages of disciplinary matters for the course of this Agreement. 9. PROCEDURE FOR AVOIDANCE OF DISPUTES 9.1 Subject to clause 12 a dispute or grievance about a matter arising under this Agreement, or in relation to the National Employment Standards provided for in the Act, must be dealt with in the following manner: 9.1. The matter must first be discussed by the aggrieved employee with his or her immediate supervisor. 9.1. On receipt of a grievance GEO undertakes to ensure that the matter is dealt with promptly and without undue delay. 9.1. Whether the matter is considered by the complainant's supervisor or another employer representative, mediation and/or conciliation should be considered in the first instance as a resolution mechanism. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 6 of 289.1.4 If the matter is not settled, or by reason of the allegations it is not appropriate to be discussed at first instance with the immediate supervisor, the employee can require that the matter be discussed with another representative of the Employer appointed for the purposes of this procedure. The employee is entitled to have a representative, including an accredited representative of the Union present at this discussion. 9.1.5 If the matter still remains unresolved it may be referred to the relevant internal process. If this is unsuccessful the dispute or grievance may be referred by either party to the Fair Work Commission for conciliation and if necessary arbitration. 9.1.6 Until the matter is determined work will continue in accordance with usual practice. No party or employee will be prejudiced as to the final settlement by the continuance of work in accordance with this procedure. 9.2 A risk to health and safety overrides these provisions. 10. RIGHT OF ENTRY 10.1 Duly accredited representatives of the Union will be permitted access to the workplace in accordance with Part 3-4, Right of Entry, of the Act. 11. IMPLEMENTATION OF CHANGE 11.1 Where GEO is considering workplace restructuring, the introduction of new technology or changes to the existing work practices of employees, including changes to the regular roster and/or the ordinary hours of work, GEO will advise the affected employees, the JWCC and, the CPSU, and if an affected employee nominates a representative, the nominated representative, of the proposed change as soon as practicable. GEO will advise the affected employees, the JWCC and, the CPSU, and any nominated representative of the likely effects on the employees working conditions and responsibilities. GEO will advise of the rationale and the intended benefits of any change. 11.2 GEO will regularly consult with employees, the JWCC, the CPSU and any nominated representative and give prompt consideration to matters raised. Where appropriate, training will be provided for employees to assist them to integrate successfully into the new structure. 11.3 In accordance with this clause, affected employees (or their representatives), the JWCC and the CPSU may submit alternative proposals, which will meet the indicated rationale and benefits of the proposal and these must be submitted in a timely manner. If such a proposal is made, GEO must give just cause to the CPSU of non-acceptance of such alternative proposals. 11.4 Any disputes concerning the parties' obligations under this clause shall be dealt with pursuant to clause 9. 11.5 For the avoidance of doubt, employees may appoint a representative for the purposes of this clause. If the employee(s) appoint a representative for the purposes of consultation, and notify the Company of the identity of the representative, then the Company must recognise the representative 12. COMMUNICATIONS 12.1 Duly appointed Union delegates will be allowed reasonable access to telephone and other communication devices to facilitate communication between employees and/or the CPSU provided that such communication is not offensive or improper. The Employer will allow reasonable time off to Union delegates to access such devices. 12.2 Union delegates will have access to an email group specifically for union delegates, for the purposes of discussing union matters 12.3 GEO will make available space on existing noticeboards within the staff dining room specifically for posting of union correspondence. RCC ENTERPRISE AGREEMENT 2021 GEO· 18 March 2021- FINAL Page 7 of 28 9.1.4 If the matter is not settled, or by reason of the allegations it is not appropriate to be discussed at first instance with the immediate supervisor, the employee can require that the matter be discussed with another representative of the Employer appointed for the purposes of this procedure. The employee is entitled to have a representative, including an accredited representative of the Union present at this discussion. 9.1.5 If the matter still remains unresolved it may be referred to the relevant internal process. If this is unsuccessful the dispute or grievance may be referred by either party to the Fair Work Commission for conciliation and if necessary arbitration. 9.1.6 Until the matter is determined work will continue in accordance with usual practice. No party or employee will be prejudiced as to the final settlement by the continuance of work in accordance with this procedure. 9.2 A risk to health and safety overrides these provisions. 10. RIGHT OF ENTRY 10.1 Duly accredited representatives of the Union will be permitted access to the workplace in accordance with Part 3-4, Right of Entry, of the Act. 11. IMPLEMENTATION OF CHANGE 11.1 Where GEO is considering workplace restructuring, the introduction of new technology or changes to the existing work practices of employees, including changes to the regular roster and/or the ordinary hours of work, GEO will advise the affected employees, the JWCC and, the CPSU, and if an affected employee nominates a representative, the nominated representative, of the proposed change as soon as practicable. GEO will advise the affected employees, the JWCC and, the CPSU, and any nominated representative of the likely effects on the employees working conditions and responsibilities. GEO will advise of the rationale and the intended benefits of any change. 11.2 GEO will regularly consult with employees, the JWCC, the CPSU and any nominated representative and give prompt consideration to matters raised. Where appropriate, training will be provided for employees to assist them to integrate successfully into the new structure. 11.3 In accordance with this clause, affected employees (or their representatives), the JWCC and the CPSU may submit alternative proposals, which will meet the indicated rationale and benefits of the proposal and these must be submitted in a timely manner. If such a proposal is made, GEO must give just cause to the CPSU of non-acceptance of such alternative proposals. 11.4 Any disputes concerning the parties' obligations under this clause shall be dealt with pursuant to clause 9. 11.5 For the avoidance of doubt, employees may appoint a representative for the purposes of this clause. If the employee(s) appoint a representative for the purposes of consultation, and notify the Company of the identity of the representative, then the Company must recognise the representative 12. COMMUNICATIONS 12.1 Duly appointed Union delegates will be allowed reasonable access to telephone and other communication devices to facilitate communication between employees and/or the CPSU provided that such communication is not offensive or improper. The Employer will allow reasonable time off to Union delegates to access such devices. 12.2 Union delegates will have access to an email group specifically for union delegates, for the purposes of discussing union matters 12.3 GEO will make available space on existing noticeboards within the staff dining room specifically for posting of union correspondence. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 7 of 2812.4 Any disputes concerning the parties' obligations under this clause shall be dealt with pursuant to clause 9. 12.5 Subject to operational requirements, Union delegates will be allowed to hold a "report back" meeting with employees every three months to coincide with a pre-determined lock-down day. Such meeting shall not exceed thirty minutes in duration in the lock-down period. PART 3 - GEO'S AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 13. EMPLOYMENT CATEGORIES 13.1 Employees may be engaged on a full-time, part-time, casual or fixed task/term basis. 13.2 Employees seeking to amend their employment status from a permanent full-time or part-time role to casual employment shall give GEO notice of one full pay cycle. 13.3 Fixed Term/Task Employment 13.3.1 A fixed task/term employee is one whose contract of employment is expressed to be for a fixed task/term, or for the duration of a specific project or task. Fixed Term/Task employees will be employed as a full-time or part-time employee for that term or project, but clauses 14 and 15 will not apply. Each fixed task/term contract offered by GEO will be for a period not exceeding 12 months in duration. 13.3.2 GEO will recognise service for all purposes of a fixed term/task employee who is subsequently re-engaged provided any break in employment is not more than 3 months. An exception is that any leave which is paid out cannot be re-credited. 13.4 Probationary Period 13.4.1 A probationary period of 20 weeks shall apply to all new employees, except casuals. During this period, performance reviews will be conducted to provide feedback, and a performance appraisal will be conducted before the end of the probationary period. Satisfactory performance during a period of service under a fixed term/task contract or casual periods prior to commencement of ongoing employment (if this is offered by GEO and accepted), shall be included for the purposes of calculating any probationary period. 13.4.2 Where a new employee has not met the required standards applicable to their classification during the probationary period, GEO may extend the probationary period for up to three months to ensure that the performance standards of GEO are met. During this extension, additional performance reviews, including performance feedback will be provided. 13.4.3 The provision of a 20 week probationary period shall not affect or limit the minimum employment period applicable under the Act. 14. TERMINATION OF EMPLOYMENT 14.1 Notice of Termination by GEO 14.1.1 In order to terminate an employee's employment other than a casual, GEO shall give the following notice: Period of Continuous Service Period of Notice Less than lyear lweek 1 year and less than 3 years 2 weeks 3 years and less than 5 years 3 weeks 5 years and over 4 weeks 14.1.2 In addition to the notice in clause 14.1.1, an employee over 45 years of age at the time of the giving of notice with not less than 2 years continuous service, shall be entitled to additional notice of 1 week. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021- FINAL Page 8 of 28 12.4 Any disputes concerning the parties' obligations under this clause shall be dealt with pursuant to clause 9. 12.5 Subject to operational requirements, Union delegates will be allowed to hold a "report back" meeting with employees every three months to coincide with a pre-determined lock-down day. Such meeting shall not exceed thirty minutes in duration in the lock-down period. PART 3 - GEO'S AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 13. EMPLOYMENT CATEGORIES 13.1 Employees may be engaged on a full-time, part-time, casual or fixed task/term basis. 13.2 Employees seeking to amend their employment status from a permanent full-time or part-time role to casual employment shall give GEO notice of one full pay cycle. 13.3 Fixed Term/Task Employment 13.3.1 A fixed task/term employee is one whose contract of employment is expressed to be for a fixed task/term, or for the duration of a specific project or task. Fixed Term/Task employees will be employed as a full-time or part-time employee for that term or project, but clauses 14 and 15 will not apply. Each fixed task/term contract offered by GEO will be for a period not exceeding 12 months in duration. 13.3.2 GEO will recognise service for all purposes of a fixed term/task employee who is subsequently re-engaged provided any break in employment is not more than 3 months. An exception is that any leave which is paid out cannot be re-credited. 13.4 Probationary Period 13.4.1 A probationary period of 20 weeks shall apply to all new employees, except casuals. During this period, performance reviews will be conducted to provide feedback, and a performance appraisal will be conducted before the end of the probationary period. Satisfactory performance during a period of service under a fixed term/task contract or casual periods prior to commencement of ongoing employment (if this is offered by GEO and accepted), shall be included for the purposes of calculating any probationary period. 13.4.2 Where a new employee has not met the required standards applicable to their classification during the probationary period, GEO may extend the probationary period for up to three months to ensure that the performance standards of GEO are met. During this extension, additional performance reviews, including performance feedback will be provided. 13.4.3 The provision of a 20 week probationary period shall not affect or limit the minimum employment period applicable under the Act. 14. TERMINATION OF EMPLOYMENT 14.1 Notice of Termination by GEO 14.1.1 In order to terminate an employee's employment other than a casual, GEO shall give the following notice: Period of Continuous Service Period of Notice Less than 1year 1week 1 year and less than 3 years 2 weeks 3 years and less than 5 years 3 weeks 5 years and over 4 weeks 14.1.2 In addition to the notice in clause 14.1.1, an employee over 45 years of age at the time of the giving of notice with not less than 2 years continuous service, shall be entitled to additional notice of 1 week. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 8 of 2814.2 Payment in Lieu of Notice 14.2.1 Payment in lieu of notice as prescribed in clause 14.1 shall be made if the appropriate notice is not given, provided that employment may be terminated by part of the period of notice specified and part payment in lieu of notice. 14.2.2 In calculating any payment in lieu of notice the wages to which an employee is entitled to receive in respect of the ordinary time the employee would have worked during the period of notice had the employee's employment not been terminated shall be used. 14.3 Employees who are dismissed from employment shall receive all wages and leave entitlements by EFT as soon as practicable following return of all GEO property. 14.4 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies summary dismissal. 14.5 Notice of Termination by an Employee: 14.5.1 In order for an employee to terminate his or her employment, the employee shall give GEO the same period of notice as set out in clause 14.1.1. 14.6 Abandonment of Employment 14.6.1 Prior to the commencement of abandonment of employment proceedings being implemented, GEO will make all reasonable attempts to contact the employee; and 14.6.2 Notification to the employee that abandonment of employment action will not commence until 20 days of consecutive absence from the workplace, with the Company to provide notice in accordance with clause 14.1 (but subject to the further provisions in clauses 14.2-14.5). 15. REDUNDANCY/REDEPLOYMENT 15.1 In the event of employment being terminated because of an employee's position being made redundant, payment will be calculated based on the roster most usually worked by the employee during the preceding 6 months, in accordance with the following conditions: Period of Continuous Service Severance Pay Less than 1 year Nil 1 year but less than 2 years 4 weeks 2 years but less than 3 years 6 weeks 3 years but less than 4 years 7 weeks 4 years but less than 5 years 8 weeks 5 years but less than 6 years 10 weeks 6years but less than 7years 11 weeks 7 years but less than 8 years 13 weeks 8 years but less than 9 years 14 weeks 9 years but less than lOyears 16 weeks lOyears and over 12 weeks 15.2 Subject to an employee's suitability for other positions within the Employers operations, GEO will provide assistance to the employee to make application and be considered for those positions either on a fulltime or redeployment basis. 16. OUTSIDE EMPLOYMENT 16.1 It is a condition of this Agreement that employment with GEO is the primary form of employment for full-time, part-time and fixed task/term employees, and that employees shall not engage in external employment unless written permission has first been obtained from the General Manager at the Ravenhall Correctional Centre. RCC ENTERPRISE AGREEMENT 2021 GEO -18 March 2021- FINAL Page 9 of 28 14.2 Payment in Lieu of Notice 14.2.1 Payment in lieu of notice as prescribed in clause 14.1 shall be made if the appropriate notice is not given, provided that employment may be terminated by part of the period of notice specified and part payment in lieu of notice. 14.2.2 In calculating any payment in lieu of notice the wages to which an employee is entitled to receive in respect of the ordinary time the employee would have worked during the period of notice had the employee's employment not been terminated shall be used. 14.3 Employees who are dismissed from employment shall receive all wages and leave entitlements by EFT as soon as practicable following return of all GEO property. 14.4 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies summary dismissal. 14.5 Notice of Termination by an Employee: 14.5.1 In order for an employee to terminate his or her employment, the employee shall give GEO the same period of notice as set out in clause 14.1.1. 14.6 Abandonment of Employment 14.6.1 Prior to the commencement of abandonment of employment proceedings being implemented, GEO will make all reasonable attempts to contact the employee; and 14.6.2 Notification to the employee that abandonment of employment action will not commence until 20 days of consecutive absence from the workplace, with the Company to provide notice in accordance with clause 14.1 (but subject to the further provisions in clauses 14.2-14.5). 15. REDUNDANCY/REDEPLOYMENT 15.1 In the event of employment being terminated because of an employee's position being made redundant, payment will be calculated based on the roster most usually worked by the employee during the preceding 6 months, in accordance with the following conditions: Period of Continuous Service Severance Pay Less than 1 year Nil 1 year but less than 2 years 4 weeks 2 years but less than 3 years 6 weeks 3 years but less than 4 years 7 weeks 4 years but less than 5 years 8 weeks 5 years but less than 6 years 10 weeks 6 years but less than 7 years 11 weeks 7 years but less than 8 years 13 weeks 8 years but less than 9 years 14 weeks 9 years but less than 10 years 16 weeks 10years and over 12 weeks 15.2 Subject to an employee's suitability for other positions within the Employer's operations, GEO will provide assistance to the employee to make application and be considered for those positions either on a fulltime or redeployment basis 16. OUTSIDE EMPLOYMENT 16.1 It is a condition of this Agreement that employment with GEO is the primary form of employment for full-time, part-time and fixed task/term employees, and that employees shall not engage in external employment unless written permission has first been obtained from the General Manager at the Ravenhall Correctional Centre. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 9 of 2817. FLEXIBILITY ARRANGEMENTS 17.1 GEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: 17.1.1 The Agreement deals with the following matter: a) Purchased Leave 17.1.2 The arrangement meets the genuine needs of GEO and the employee in relation to the matter mentioned in clause 17.1.1; and 17.1.3 The arrangement is genuinely agreed to by GEO and the employee. 17.2 GEO must ensure that the terms of the individual flexibility arrangement: 17.2.1 Are about permitted matters under section 172 of the Act; and 17.2.2 Are not unlawful terms under section 194 of the Act; and 17.2.3 Result in the employee being better off overall than the employee would be if no arrangement was made. 17.3 GEO must ensure that the individual flexibility arrangement: 17.3.1 is in writing; and 17.3.2 includes the name of GEO and the employee: and 17.3.3 is signed by an authorised representative of GEO and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and 17.3.4 includes details of: a) the terms of the Agreement that will be varied by the arrangement; and b) how the arrangement will vary the effect of the terms; and c) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and d) states the date on which the arrangement commences. 17.4 GEO must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 17.5 GEO or the employee may terminate the individual flexibility arrangement: 17.5.1 By giving no more than 28 days written notice to the other party to the arrangement; or 17.5.2 If GEO and the employee agree in writing - at any time. PART4-WAGESAND RELATED MATTERS 18. CLASSIFICATIONS 18.1 Classifications - Custodial Staff RCC ENTERPRISE AGREEMENT 2021 GEO· 18 March 2021 · FINAL Page 10 of 28 17. FLEXIBILITY ARRANGEMENTS 17.1 GEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: 17.1.1 The Agreement deals with the following matter: a) Purchased Leave 17.1.2 The arrangement meets the genuine needs of GEO and the employee in relation to the matter mentioned in clause 17.1.1; and 17.1.3 The arrangement is genuinely agreed to by GEO and the employee. 17.2 GEO must ensure that the terms of the individual flexibility arrangement: 17.2.1 Are about permitted matters under section 172 of the Act; and 17.2.2 Are not unlawful terms under section 194 of the Act; and 17.2.3 Result in the employee being better off overall than the employee would be if no arrangement was made. 17.3 GEO must ensure that the individual flexibility arrangement: 17.3.1 is in writing; and 17.3.2 includes the name of GEO and the employee: and 17.3.3 is signed by an authorised representative of GEO and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and 17.3.4 includes details of: a) the terms of the Agreement that will be varied by the arrangement; and b) how the arrangement will vary the effect of the terms; and c) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and d) states the date on which the arrangement commences. 17.4 GEO must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 17.5 GEO or the employee may terminate the individual flexibility arrangement: 17.5.1 By giving no more than 28 days written notice to the other party to the arrangement; or 17.5.2 If GEO and the employee agree in writing - at any time. PART 4 - WAGES AND RELATED MATTERS 18. CLASSIFICATIONS 18.1 Classifications - Custodial Staff RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 10 of 28Trainee Correctional Officer 18.1.1 Refers to an employee who meets the qualifications of GEO and the Department of Justice, Victoria, for employment as a Trainee Correctional Officer, who is directly employed by GEO for a period of not less than 240 hours pre-service training. Correctional Officer 18.1.2 Refers to an employee who has fulfilled the training requirements set down for Trainee Correctional Officer, or who has been assessed through the GEO Recognition of Prior Learning (RPL) program. 18.1.3 A full-time employee within this classification will be required to complete Certificate Ill in Correctional Practice within 12 months of engagement. A part-time/casual employee will be required to complete Certificate Ill in correctional Practice within the pro-rata equivalent of 12 months of full-time service with GEO. 18.1.4 Progression from Correctional Officer Year One (1) to Correctional Officer Year Two (2) is based on completion of a year of service as a Correctional Officer Year One (1), or 2184 hours service in the case of casuals, and satisfactory performance appraisals. Correctional Supervisor 18.1.5 Refers to an employee who has fulfilled the training and experience requirements set down for Correctional Officer. In the case of employees who, upon engagement, hold acceptable qualifications and have suitable experience, the requirements to firstly serve as a Correctional Officer may be waived at the discretion of GEO. 18.1.6 As this is an appointed position subject to vacancy being available, merit selection addressing the key selection criteria and an interview process is required to be appointed to this role. It is not subject to automatic advancement from Correctional Officer. 18.1.7 A fulltime employee within this classification will be required to have completed Certificate Ill in Correctional Practice and are encouraged to seek further qualifications as provided by GEO or other service providers approved by GEO. 18.1.8 Progression from Correctional Supervisor Year One (1) to Correctional Supervisor Year Two (2) is based on the completion of a year of service at Year One (1) and satisfactory work appraisals. 18.2 Classifications - Catering Staff Catering Services Officer 18.2.1 Refers to an employee who has fulfilled the appropriate trade qualifications set down for a Catering Officer. All employees within this classification, except casuals, will serve a 3 months probationary period from the commencement of taking up this classification in accordance with clause 13.4 of this Agreement. 18.2.2 Catering Officers have the opportunity to progress to Catering Supervisor where a vacancy occurs. Selection will be based on merit. Catering Services Supervisor 18.2.3 Refers to an employee who has fulfilled the training and experience requirements set down for a Catering Officer. In the case of employees who, upon engagement, hold acceptable qualifications and have suitable experience, the requirements to firstly serve as a Catering Officer may be waived at the discretion of GEO. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021- FINAL Page 11 of 28 Trainee Correctional Officer 18.1.1 Refers to an employee who meets the qualifications of GEO and the Department of Justice, Victoria, for employment as a Trainee Correctional Officer, who is directly employed by GEO for a period of not less than 240 hours pre-service training. Correctional Officer 18.1.2 Refers to an employee who has fulfilled the training requirements set down for Trainee Correctional Officer, or who has been assessed through the GEO Recognition of Prior Learning (RPL) program. 18.1.3 A full-time employee within this classification will be required to complete Certificate III in Correctional Practice within 12 months of engagement. A part-time/casual employee will be required to complete Certificate III in correctional Practice within the pro-rata equivalent of 12 months of full-time service with GEO. 18.1.4 Progression from Correctional Officer Year One (1) to Correctional Officer Year Two (2) is based on completion of a year of service as a Correctional Officer Year One (1), or 2184 hours service in the case of casuals, and satisfactory performance appraisals. Correctional Supervisor 18.1.5 Refers to an employee who has fulfilled the training and experience requirements set down for Correctional Officer. In the case of employees who, upon engagement, hold acceptable qualifications and have suitable experience, the requirements to firstly serve as a Correctional Officer may be waived at the discretion of GEO. 18.1.6 As this is an appointed position subject to vacancy being available, merit selection addressing the key selection criteria and an interview process is required to be appointed to this role. It is not subject to automatic advancement from Correctional Officer. 18.1.7 A fulltime employee within this classification will be required to have completed Certificate Ill in Correctional Practice and are encouraged to seek further qualifications as provided by GEO or other service providers approved by GEO. 18.1.8 Progression from Correctional Supervisor Year One (1) to Correctional Supervisor Year Two (2) is based on the completion of a year of service at Year One (1) and satisfactory work appraisals. .Classifications - Catering Staff Catering Services Officer 18.2.1 Refers to an employee who has fulfilled the appropriate trade qualifications set down for a Catering Officer. All employees within this classification, except casuals, will serve a 3 months probationary period from the commencement of taking up this classification in accordance with clause 13.4 of this Agreement. 18.2.2 Catering Officers have the opportunity to progress to Catering Supervisor where a vacancy occurs. Selection will be based on merit. Catering Services Supervisor 18.2.3 Refers to an employee who has fulfilled the training and experience requirements set down for a Catering Officer. In the case of employees who, upon engagement, hold acceptable qualifications and have suitable experience, the requirements to firstly serve as a Catering Officer may be waived at the discretion of GEO. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 11 of 2819. ALLOWANCES Dog Handlers 19.1 Employees who are accredited as Dog Handlers and who are required to perform the duties of a Dog Handler, shall be entitled to an allowance equal to five percent (5%) of the annualised wage as a Dog Handlers Allowance, taking into consideration off duty responsibilities carried out by the Dog Handlers including training, exercise and grooming of the dog. This allowance shall be payable in fortnightly instalments and is only payable while the employee is appointed to the role, and carrying out the duties of a Dog Handler. 19.2 The allowance payable under the above clause will apply during a period of annual leave of an eligible employee. Trainer /Facilitator 19.3 This is an employee who holds a current recognised certification in Training and Assessment and who facilitates authorised training of other GEO employees. Such an employee will receive a skills allowance of five percent (5%) of the employee's hourly rate for each occasion that the employee is required to utilise this skill for not less than one (1) hour at a time. Specialist Assessor 19.4 This is an employee who holds a current recognised certification as a Specialist Assessor and who has undertaken further specialist training in forensic interviewing and assessment. Such an employee will receive a skills allowance of five percent (5%) of the employee's hourly rate for each occasion that the employee is required to utilise this skill for not less than one (1) hour at a time. Fire Awareness Officer 19.5 This is an employee who is appropriately trained and utilises the skill to ensure the Centre's firefighting and breathing apparatus are satisfactorily maintained against industry standards. Such an employee will receive a skills allowance of five percent (5%) of the employee's hourly rate for each occasion that the employee is required to utilise these skills for not less than four (4) hours at a time. Higher Duties 19.6 Where an employee is called upon to perform work for which a higher rate of pay is fixed by this Agreement, they shall be paid at the higher rate whilst so engaged. 20. PAYMENT OF WAGES 20.1 Employees in the classifications set out above, irrespective of age, shall be paid not less than the relevant base rates of pay provided for in the Rates of Pay Table (clause 20.6.3). 20.2 The base rates of pay provided for is in full consideration of all the requirements of the position in respect of conditions, hours of work, annual leave loading, public holidays, extended hours and times of employment (penalty and shift allowances), except where otherwise provided in this Agreement. 20.3 Wages will be paid fortnightly by electronic funds transfer (EFT) on a day determined by GEO. 20.3.1 GEO will pay any late or dishonour fees incurred by an employee when pays are processed late and when the employee produces evidence of a dishonour fee being incurred. 20.3.2 In all cases of under and over payments, GEO will consult with the employee as soon as the under, or over, payment is identified. Unless otherwise agreed between the parties, the following system of repayment will prevail: RCC ENTERPRISE AGREEMENT 2021 GEO -18 March 2021- FINAL Page 12 of 28 19. ALLOWANCES Dog Handlers 19.1 Employees who are accredited as Dog Handlers and who are required to perform the duties of a Dog Handler, shall be entitled to an allowance equal to five percent (5%) of the annualised wage as a Dog Handlers Allowance, taking into consideration off duty responsibilities carried out by the Dog Handlers including training, exercise and grooming of the dog. This allowance shall be payable in fortnightly instalments and is only payable while the employee is appointed to the role, and carrying out the duties of a Dog Handler. 19.2 The allowance payable under the above clause will apply during a period of annual leave of an eligible employee. Trainer/Facilitator 19.3 This is an employee who holds a current recognised certification in Training and Assessment and who facilitates authorised training of other GEO employees. Such an employee will receive a skills allowance of five percent (5%) of the employee's hourly rate for each occasion that the employee is required to utilise this skill for not less than one (1) hour at a time. Specialist Assessor 19.4 This is an employee who holds a current recognised certification as a Specialist Assessor and who has undertaken further specialist training in forensic interviewing and assessment. Such an employee will receive a skills allowance of five percent (5%) of the employee's hourly rate for each occasion that the employee is required to utilise this skill for not less than one (1) hour at a time. Fire Awareness Officer 19.5 This is an employee who is appropriately trained and utilises the skill to ensure the Centre's firefighting and breathing apparatus are satisfactorily maintained against industry standards. Such an employee will receive a skills allowance of five percent (5%) of the employee's hourly rate for each occasion that the employee is required to utilise these skills for not less than four (4) hours at a time. Higher Duties 19.6 Where an employee is called upon to perform work for which a higher rate of pay is fixed by this Agreement, they shall be paid at the higher rate whilst so engaged. 20. PAYMENT OF WAGES 20.1 Employees in the classifications set out above, irrespective of age, shall be paid not less than the relevant base rates of pay provided for in the Rates of Pay Table (clause 20.6.3). 20.2 The base rates of pay provided for is in full consideration of all the requirements of the position in respect of conditions, hours of work, annual leave loading, public holidays, extended hours and times of employment (penalty and shift allowances), except where otherwise provided in this Agreement. 20.3 Wages will be paid fortnightly by electronic funds transfer (EFT) on a day determined by GEO. 20.3.1 GEO will pay any late or dishonour fees incurred by an employee when pays are processed late and when the employee produces evidence of a dishonour fee being incurred. 20.3.2 In all cases of under and over payments, GEO will consult with the employee as soon as the under, or over, payment is identified. Unless otherwise agreed between the parties, the following system of repayment will prevail: RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 12 of 28a) Where underpayments are made, GEO will correct the payment by the end of the week of payment, or no later than the next pay cycle. b) Where over payments are made and determined to be a one off error, the employee undertakes to refund the money by the end of the week of payment, or no later than the next pay cycle. c) Where this does not occur, GEO will adjust the employees' wages in the next pay cycle by the amount of the over payment. d) Where an ongoing long-term error in over payment is identified, GEO will recover the amount over a reasonable period of time in consultation with the employee. This will take no longer than 26 weeks from the time the error is identified. GEO will consider all petitions offinancial hardship presented by any employee who may be subject to an over payment over a long period of time. 20.4 The number of ordinary hours worked in each fortnight of a four week cycle may differ. GEO shall make equal fortnightly wages payments based on the total of the payments due for the four week cycle. 20.5 Pay in Advance 20.5.1 The Employer does not presently facilitate automatic requests for pay in advance circumstances. 20.5.2 Where exceptional circumstances exist, the Employer will consider any written request for the advance payment of wages on a case-by-case basis. 20.6 Rates of Pay 20.6.1 The rates of pay for employees covered by this Agreement will have the following increases applied to them, with the dates of effect set out below: Date of Effect Percentage 10 February 2021 2.50% 10 February 2022 2.50% 20.6.2 Unless otherwise stated in this Agreement, the dollar amount of all allowances will increase by 2.5% effective from the Commencement Date of this Agreement and by 2.5% effective from the 12 month anniversary of the Commencement Date. 20.6.3 Rates of Pay Table: Casual Date of Effect 10 February 2021 (2.5% Annual Fortnightly Hourly Rate increase) (includes loading) Trainee - per hour $20.80 $1,580.59 Correctional Officer 1 $71,965.32 $2,767.90 $41.18 Correctional Officer 2 $76,260.46 $2,933.10 $43.64 Correctional Supervisor 1 $86,232.42 $3,316.63 $49.35 Correctional Supervisor 2 $93,858.42 $3,609.94 $53.72 Catering Officer $74,523.25 $2,866.28 $44.78 Catering Supervisor $81,871.74 $3,148.91 $49.20 RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 13 of 28 a) Where underpayments are made, GEO will correct the payment by the end of the week of payment, or no later than the next pay cycle. b) Where over payments are made and determined to be a one off error, the employee undertakes to refund the money by the end of the week of payment, or no later than the next pay cycle. c) Where this does not occur, GEO will adjust the employees' wages in the next pay cycle by the amount of the over payment. d) Where an ongoing long-term error in over payment is identified, GEO will recover the amount over a reasonable period of time in consultation with the employee. This will take no longer than 26 weeks from the time the error is identified. GEO will consider all petitions of financial hardship presented by any employee who may be subject to an over payment over a long period of time. The number of ordinary hours worked in each fortnight of a four week cycle may differ. GEO shall make equal fortnightly wages payments based on the total of the payments due for the four week cycle. 20.5 Pay in Advance 20.5.1 The Employer does not presently facilitate automatic requests for pay in advance circumstances. 20.5.2 Where exceptional circumstances exist, the Employer will consider any written request for the advance payment of wages on a case-by-case basis. 20.6 Rates of Pay 20.6.1 The rates of pay for employees covered by this Agreement will have the following increases applied to them, with the dates of effect set out below: Date of Effect Percentage 10 February 2021 2.50% 10 February 2022 2.50% 20.6.2 Unless otherwise stated in this Agreement, the dollar amount of all allowances will increase by 2.5% effective from the Commencement Date of this Agreement and by 2.5% effective from the 12 month anniversary of the Commencement Date. 20.6.3 Rates of Pay Table: Casual Date of Effect 10 February 2021 (2.5% increase) Annual Fortnightly Hourly Rate (includes loading) Trainee - per hour $20.80 $1,580.59 Correctional Officer 1 $71,965.32 $2,767.90 $41.18 Correctional Officer 2 $76,260.46 $2,933.10 $43.64 Correctional Supervisor 1 $86,232.42 $3,316.63 $49.35 Correctional Supervisor 2 $93,858.42 $3,609.94 $53.72 Catering Officer $74,523.25 $2,866.28 $44.78 Catering Supervisor $81,871.74 $3,148.91 $49.20 RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 13 of 28Casual Date of Effect 10 February 2022 (2.5% Annual Fortnightly Hourly Rate increase) (includes loading) Trainee $21.32 $1,620.11 Correctional Officer 1 $73,764.45 $2,837.09 $42.21 Correctional Officer 2 $78,166.97 $3,006.42 $44.74 Correctional Supervisor 1 $88,388.23 $3,399.55 $50.59 Correctional Supervisor 2 $96,204.88 $3,700.19 $55.06 Catering Officer $76,386.33 $2,937.94 $45.90 Catering Supervisor $83,918.53 $3,227.64 $50.43 20.7 Trainee Correctional Officers: GEO will at the conclusion of an employee's appointment as a Trainee Correctional Officer ( usually not more than 8 weeks) review the total earning of the Trainee Correctional Officer to ensure that their earnings are no less than if the Corrections and Detention (Private Sector) Award 2010 had applied, and any necessary adjustment required to achieve that purpose will be paid to the affected employee. 21. SUPERANNUATION 21.1 GEO will calculate employer superannuation contributions on Ordinary Time Earnings (OTE) in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth). Future increases in the Superannuation percentage will not be absorbed in uplifts relevant to this Agreement. 21.2 In the first instance and where no other fund is nominated by an employee covered by this Agreement, GEO will remit to the Australian Superannuation Fund. Where an employee has nominated another fund under choice of superannuation fund legislation, GEO will remit to that nominated fund subject to being an approved fund under relevant superannuation legislation and that it will receive contributions via EFT only. 22. SALARY DEDUCTIONS AND SALARY SACRIFICE 22.1 If requested in writing by an employee, other than a casual employee, and agreed by the Employer, the Employer will make one or more deductions from an employee's wages and remit them as requested by the employee. 22.2 The Employer will allow salary sacrificing of superannuation contributions in accordance with GEO's Corporate Policies and Procedures Manual. 22.3 The Employer will allow employees to direct amounts representing leave entitlements "cashed-in" pursuant to clause 29 to be applied as superannuation contributions in the same manner as the salary sacrificing of superannuation contributions referred to in clause 22.2. 22.4 Where the Employer is assessed as liable to pay Fringe Benefits Tax (FBT) for any item the subject of salary sacrifice, the employee will reimburse the Employer for the amount of the FBT incurred, upon demand by the Employer. PARTS - HOURS OF WORK, BREAKS, OVERTIME AND NOTIFICATION OF SHIFTS 23. HOURS OF WORK 23.1 Total Full-time Working Hours 23.1.1 GEO's usual operational requirements are to operate 24 hours a day for seven days per week. 23.1.2 The structuring of hours may vary depending upon operational needs and will normally consist of the following patterns: a) Day work RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 14 of 28 Casual Date of Effect 10 February 2022 (2.5% increase) Fortnightly Hourly Rate Annual (includes loading) Trainee $21.32 $1,620.11 Correctional Officer 1 $73,764.45 $2,837.09 $42.21 Correctional Officer 2 $78,166.97 $3,006.42 $44.74 Correctional Supervisor 1 $88,388.23 $3,399.55 $50.59 Correctional Supervisor 2 $96,204.88 $3,700.19 $55.06 Catering Officer $76,386.33 $2,937.94 $45.90 Catering Supervisor $83,918.53 $3,227.64 $50.43 20.7 Trainee Correctional Officers: GEO will at the conclusion of an employee's appointment as a Trainee Correctional Officer (usually not more than 8 weeks) review the total earning of the Trainee Correctional Officer to ensure that their earnings are no less than if the Corrections and Detention (Private Sector) Award 2010 had applied, and any necessary adjustment required to achieve that purpose will be paid to the affected employee. 21. SUPERANNUATION 21.1 GEO will calculate employer superannuation contributions on Ordinary Time Earnings (OTE) in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth). Future increases in the Superannuation percentage will not be absorbed in uplifts relevant to this Agreement. 21.2 In the first instance and where no other fund is nominated by an employee covered by this Agreement, GEO will remit to the Australian Superannuation Fund. Where an employee has nominated another fund under choice of superannuation fund legislation, GEO will remit to that nominated fund subject to being an approved fund under relevant superannuation legislation and that it will receive contributions via EFT only. 22. SALARY DEDUCTIONS AND SALARY SACRIFICE 22.1 If requested in writing by an employee, other than a casual employee, and agreed by the Employer, the Employer will make one or more deductions from an employee's wages and remit them as requested by the employee. 22.2 The Employer will allow salary sacrificing of superannuation contributions in accordance with GEO's Corporate Policies and Procedures Manual. 22.3 The Employer will allow employees to direct amounts representing leave entitlements "cashed-in" pursuant to clause 29 to be applied as superannuation contributions in the same manner as the salary sacrificing of superannuation contributions referred to in clause 22.2. 22.4 Where the Employer is assessed as liable to pay Fringe Benefits Tax (FBT) for any item the subject of salary sacrifice, the employee will reimburse the Employer for the amount of the FBT incurred, upon demand by the Employer. PART 5 - HOURS OF WORK, BREAKS, OVERTIME AND NOTIFICATION OF SHIFTS 23. HOURS OF WORK 23.1 Total Full-time Working Hours 23.1.1 GEO's usual operational requirements are to operate 24 hours a day for seven days per week. 23.1.2 The structuring of hours may vary depending upon operational needs and will normally consist of the following patterns: a) Day work RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 14 of 28b) Shift work (rotating or non-rotating). 23.1.3 Rostered hours of work for full-time correctional staff covered under this Agreement will be 168 hours per four week roster cycle, including paid meal breaks, but shall not exceed 12 consecutive hours in any 24 hour period. Except in emergency situations, correctional staff will not be required to work more than four consecutive 12 hour shifts in an average 42 hour week. 23.1.4 Rostered hours of work for full-time catering staff covered under this Agreement will be 160 hours per four week roster cycle, including paid meal breaks, but shall not exceed 11.5 consecutive hours in any 24 hour period. Except in emergency situations, catering staff will not be required to work more than four consecutive 11.5 hour shifts in an average 40 hour week. 23.1.5 Normal hours will be rostered and may be worked on any or all days of the week including Saturdays, Sundays and Public Holidays other than as specified in any other part of this Agreement. 23.1.6 The maximum weekly hours of work will be in accordance withs 62 of the Act, including the requirement for reasonable additional hours as provided for in the Agreement. 23.1.7 Notwithstanding clause 23.1.5 of the Agreement, an employee engaged in day work is an employee whose rostered hours are worked between 6:00 am and 6:00 pm, Monday to Friday. A shift worker for the purposes of this Agreement is an employee whose rostered hours include hours outside the span of hours of work for employees engaged in day work. Part-time Employment 23.2 A part-time employee will be employed up to that provided at clauses 23.1.3 and 23.1.4. Any additional hours, above that provided at clauses 23.1.3 or 23.1.4 will be subject to that provided in clause 25 of this Agreement (Overtime). 23.3 Part time employees shall be entitled to the benefit of the leave provisions in this Agreement on a pro rata basis. 23.4 On a case by case basis, and subject to operational requirements, an employee may request to be transferred to a part time role. 23.5 The times at which each part-time employee shall start and finish work, and the days of work, shall be determined by GEO. 23.5.1 A part-time correctional employee will be entitled to overtime only after they have worked more than 168 rostered hours, including any paid meal breaks, in each cycle of 4 consecutive weeks or has worked more than 12 ordinary hours in any one day. 23.5.2 A part-time catering employee will be entitled to overtime only after they have worked more than 160 rostered hours, including any paid meal breaks, in each cycle of 4 consecutive weeks or has worked more than 11.5 ordinary hours in any one day. Fixed Task & Fixed Term Employment 23.6 Where necessary the Employer may offer part-time and/or casual staff with fixed task or fixed term positions to fill additional staffing requirements that may arise from time to time. 23.7 For planned absences (e.g. Annual, Maternity and Long Service Leave) in excess of four weeks, the replacement officer will be offered a fixed-task, or fixed-term employment contract, thereby attracting normal leave accrual provisions. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 15 of 28 b) Shift work (rotating or non-rotating). 23.1.3 Rostered hours of work for full-time correctional staff covered under this Agreement will be 168 hours per four week roster cycle, including paid meal breaks, but shall not exceed 12 consecutive hours in any 24 hour period. Except in emergency situations, correctional staff will not be required to work more than four consecutive 12 hour shifts in an average 42 hour week. 23.1.4 Rostered hours of work for full-time catering staff covered under this Agreement will be 160 hours per four week roster cycle, including paid meal breaks, but shall not exceed 11.5 consecutive hours in any 24 hour period. Except in emergency situations, catering staff will not be required to work more than four consecutive 11.5 hour shifts in an average 40 hour week. 23.1.5 Normal hours will be rostered and may be worked on any or all days of the week including Saturdays, Sundays and Public Holidays other than as specified in any other part of this Agreement. 23.1.6 The maximum weekly hours of work will be in accordance with s 62 of the Act, including the requirement for reasonable additional hours as provided for in the Agreement. 23.1.7 Notwithstanding clause 23.1.5 of the Agreement, an employee engaged in day work is an employee whose rostered hours are worked between 6:00 am and 6:00 pm, Monday to Friday. A shift worker for the purposes of this Agreement is an employee whose rostered hours include hours outside the span of hours of work for employees engaged in day work. Part-time Employment 23.2 A part-time employee will be employed up to that provided at clauses 23.1.3 and 23.1.4. Any additional hours, above that provided at clauses 23.1.3 or 23.1.4 will be subject to that provided in clause 25 of this Agreement (Overtime). 23.3 Part time employees shall be entitled to the benefit of the leave provisions in this Agreement on a pro- rata basis. 23.4 On a case by case basis, and subject to operational requirements, an employee may request to be transferred to a part time role. 23.5 The times at which each part-time employee shall start and finish work, and the days of work, shall be determined by GEO. 23.5.1 A part-time correctional employee will be entitled to overtime only after they have worked more than 168 rostered hours, including any paid meal breaks, in each cycle of 4 consecutive weeks or has worked more than 12 ordinary hours in any one day. 23.5.2 A part-time catering employee will be entitled to overtime only after they have worked more than 160 rostered hours, including any paid meal breaks, in each cycle of 4 consecutive weeks or has worked more than 11.5 ordinary hours in any one day. Fixed Task & Fixed Term Employment 23.6 Where necessary the Employer may offer part-time and/or casual staff with fixed task or fixed term positions to fill additional staffing requirements that may arise from time to time. 23.7 For planned absences (e.g. Annual, Maternity and Long Service Leave) in excess of four weeks, the replacement officer will be offered a fixed-task, or fixed-term employment contract, thereby attracting normal leave accrual provisions. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 15 of 28Casual Employment 23.8 Casual employees shall be paid the hourly rate set out in clause 20.6.3 and those rates include any entitlement of the employee to a casual loading. 23.9 A casual employee shall not be entitled to leave under Part 6 of this Agreement unless specifically stated, or provided for in relevant legislation the benefit of provisions relating to notice or redundancy. 23.10 A casual employee shall be entitled to a minimum of four (4) ordinary hours' payment at the relevant rate in clause 20.6.3 of this Agreement. 23.11 A casual correctional employee will be entitled to overtime provided they have worked more than 12 ordinary hours in any one shift, or more than 168 rostered hours, including any paid meal breaks, in a cycle of 4 consecutive weeks. 23.12 A casual catering employee will be entitled to overtime provided they have worked more than 11.5 ordinary hours in any one shift, or more than 160 rostered hours, including any paid meal breaks, in a cycle of 4 consecutive weeks. 23.13 Normal hours will be rostered and may be worked on any or all days of the week including Saturdays, Sundays and Public Holidays other than as specified in any other part of this Agreement. 23.14 Casual employees who have a shift cancelled by the Employer with less than 12 hours' notice will be compensated by payment of twenty five percent (25%) of the value of the shift. 23.15 Casual staff who are notified of a shift with less than three (3) hours' notice will be paid from the nominal commencement of the shift, provided they arrive at work within one (1) hour of the commencement of that shift. 23.16 Casual employees may apply for conversion to full time or part time employment in accordance with the further provisions of Schedule 1, Right to Request Casual Conversion, to this Agreement. 24. BREAKS AND OTHER ALLOWANCES 24.1 Employees shall be allowed a paid meal break of not less than half an hour or more than one hour. Such meal break shall commence not later than five hours, or such longer time as is reasonably necessary to meet operational requirements, after the commencement of each work period or shift. 24.2 An employee shall be permitted a 10 minute break in the first and last half of each shift at a ti me nominated by the Employer for tea breaks. Such breaks shall be without deduction of pay if taken at the workplace or other place nominated by the Employer. Provided that an employee engaged to work for a period of 4 hours or less shall not be entitled to the benefits of this clause. 24.3 Meal Allowance: 24.3.1 If required by GEO to take a meal break at a post, employees shall be provided with a meal by GEO; or 24.3.2 The employee shall provide their own meals or may receive a meal provided by GEO at a cost prescribed by GEO from time to time. 24.3.3 If required to perform overtime duty for more than 30 minutes past their usual finishing time, employees shall be provided with a meal of suitable quality or paid a meal allowance in accordance with the following Table: Date of Effect Meal Allowance Commencement Date of this Agreement $17.36 First Anniversary of Commencement Date of this $17.80 Agreement RCC ENTERPRISE AGREEMENT 2021 GEO -18 March 2021- FINAL Page 16 of 28 Casual Employment 23.8 Casual employees shall be paid the hourly rate set out in clause 20.6.3 and those rates include any entitlement of the employee to a casual loading. 23.9 A casual employee shall not be entitled to leave under Part 6 of this Agreement unless specifically stated, or provided for in relevant legislation the benefit of provisions relating to notice or redundancy. 23.10 A casual employee shall be entitled to a minimum of four (4) ordinary hours' payment at the relevant rate in clause 20.6.3 of this Agreement. 23.11 A casual correctional employee will be entitled to overtime provided they have worked more than 12 ordinary hours in any one shift, or more than 168 rostered hours, including any paid meal breaks, in a cycle of 4 consecutive weeks. 23.12 A casual catering employee will be entitled to overtime provided they have worked more than 11.5 ordinary hours in any one shift, or more than 160 rostered hours, including any paid meal breaks, in a cycle of 4 consecutive weeks. 23.13 Normal hours will be rostered and may be worked on any or all days of the week including Saturdays, Sundays and Public Holidays other than as specified in any other part of this Agreement. 23.14 Casual employees who have a shift cancelled by the Employer with less than 12 hours' notice will be compensated by payment of twenty five percent (25%) of the value of the shift. 23.15 Casual staff who are notified of a shift with less than three (3) hours' notice will be paid from the nominal commencement of the shift, provided they arrive at work within one (1) hour of the commencement of that shift. 23.16 Casual employees may apply for conversion to full time or part time employment in accordance with the further provisions of Schedule 1, Right to Request Casual Conversion, to this Agreement 24. BREAKS AND OTHER ALLOWANCES 24.1 Employees shall be allowed a paid meal break of not less than half an hour or more than one hour. Such meal break shall commence not later than five hours, or such longer time as is reasonably necessary to meet operational requirements, after the commencement of each work period or shift. 24.2 An employee shall be permitted a 10 minute break in the first and last half of each shift at a time nominated by the Employer for tea breaks. Such breaks shall be without deduction of pay if taken at the workplace or other place nominated by the Employer. Provided that an employee engaged to work for a period of 4 hours or less shall not be entitled to the benefits of this clause. 24.3 Meal Allowance: 24.3.1 If required by GEO to take a meal break at a post, employees shall be provided with a meal by GEO; or 24.3.2 The employee shall provide their own meals or may receive a meal provided by GEO at a cost prescribed by GEO from time to time. 24.3.3 If required to perform overtime duty for more than 30 minutes past their usual finishing time, employees shall be provided with a meal of suitable quality or paid a meal allowance in accordance with the following Table: Date of Effect Meal Allowance Commencement Date of this Agreement $17.36 First Anniversary of Commencement Date of this $17.80 Agreement RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 16 of 2824.4 Escort Meal Allowance 24.4.1 The travel meal allowance, as prescribed by the ATO will also be paid to an employee who is so engaged overnight (i.e. Night Hospital Escort). 25. OVERTIME 25.1 All time worked by employees in excess of rostered hours of duty shall be paid at the rate of time and a half. 25.2 No employee shall work more than 14 hours including overtime hours in any 24 hour period unless by agreement between GEO and the employee to meet operational requirements. 25.3 lffor any reason a minimum break of 10 hours between ceasing overtime and commencing ordinary work on the next day is not possible, the employee will be paid at the appropriate overtime rate until such time as they have commenced the minimum 10 hour break without loss of pay for ordinary working time occurring during such absence. 25.4 If an employee is recalled to work overtime after leaving GEO's premises (whether notified before or after leaving the premises), the employee shall be paid for a minimum of four hours at the appropriate rate for each time so recalled, provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job is completed within a shorter period. This clause does not apply in cases where it is customary for an employee to return to GEO's premises to perform a specific job outside ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. 25.5 An employee rostered off duty and required to attend meetings (including attending meetings as a Union delegate) at the request of GEO, shall be paid ordinary time for the duration of the meeting. Where an employee is required to attend meetings at locations other than the normal workplace, then the provisions of clause 46, Travelling, Transport and Fares, shall apply. 25.6 An employee may request Time in Lieu [TIL] of overtime payment. Where approved, such TIL must be taken within the current and following pay cycles or be paid out at the relevant overtime rate, unless otherwise agreed. 26. NOTIFICATION OF SHIFTS AND WORK LOCATION 26.1 The starting and finishing times of work for employees shall be posted in an accessible place in the workplace. 26.2 GEO will roster weekend and evening/night work employees, so far as is possible consistent with sound operational practice, in such a manner as to schedule all employees within each classification to work on an approximately equal number of weekend and evening/night shifts per year. 26.3 GEO will maintain an overtime schedule which details those employees who wish to work overtime shifts. Those employees will be given preference to any overtime shifts which become available. Notwithstanding this provision, the parties acknowledge that all employees may be required to work overtime as directed by GEO. 26.4 Without limiting clause 9, Procedure for Avoidance of Disputes, any disputes concerning the allocation of shifts under this clause should be referred to the Joint Workplace Consultative Committee (pursuant to clause 7 of this Agreement). 26.5 There shall be sufficient flexibility in this Agreement so that, under mutual consent, employees may partake in shift-swap arrangements that may not be covered under clause 26.2 of this Agreement. Agreed shift-swaps will be permitted, as long as there is no overtime in the pay cycle. 26.6 Where changes to an officers shift or work location is to occur, the parties agree that GEO will provide the officer with at least two weeks' notice of such changes or may agree a lesser period by agreement with the officer. RCC ENTERPRISE AGREEMENT 2021 GEO· 18 March 2021 - FINAL Page 17 of28 24.4 Escort Meal Allowance 24.4.1 The travel meal allowance, as prescribed by the ATO will also be paid to an employee who is so engaged overnight (i.e. Night Hospital Escort). 25. OVERTIME 25.1 All time worked by employees in excess of rostered hours of duty shall be paid at the rate of time and a half. 25.2 No employee shall work more than 14 hours including overtime hours in any 24 hour period unless by agreement between GEO and the employee to meet operational requirements. 25.3 If for any reason a minimum break of 10 hours between ceasing overtime and commencing ordinary work on the next day is not possible, the employee will be paid at the appropriate overtime rate until such time as they have commenced the minimum 10 hour break without loss of pay for ordinary working time occurring during such absence. 25.4 If an employee is recalled to work overtime after leaving GEO's premises (whether notified before or after leaving the premises), the employee shall be paid for a minimum of four hours at the appropriate rate for each time so recalled, provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job is completed within a shorter period. This clause does not apply in cases where it is customary for an employee to return to GEO's premises to perform a specific job outside ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. 25.5 An employee rostered off duty and required to attend meetings (including attending meetings as a Union delegate) at the request of GEO, shall be paid ordinary time for the duration of the meeting. Where an employee is required to attend meetings at locations other than the normal workplace, then the provisions of clause 46, Travelling, Transport and Fares, shall apply. 25.6 An employee may request Time in Lieu [TIL] of overtime payment. Where approved, such TIL must be taken within the current and following pay cycles or be paid out at the relevant overtime rate, unless otherwise agreed. 26. NOTIFICATION OF SHIFTS AND WORK LOCATION 26.1 The starting and finishing times of work for employees shall be posted in an accessible place in the workplace. 26.2 GEO will roster weekend and evening/night work employees, so far as is possible consistent with sound operational practice, in such a manner as to schedule all employees within each classification to work on an approximately equal number of weekend and evening/night shifts per year. 26.3 GEO will maintain an overtime schedule which details those employees who wish to work overtime shifts. Those employees will be given preference to any overtime shifts which become available. Notwithstanding this provision, the parties acknowledge that all employees may be required to work overtime as directed by GEO. 26.4 Without limiting clause 9, Procedure for Avoidance of Disputes, any disputes concerning the allocation of shifts under this clause should be referred to the Joint Workplace Consultative Committee (pursuant to clause 7 of this Agreement). 26.5 There shall be sufficient flexibility in this Agreement so that, under mutual consent, employees may partake in shift-swap arrangements that may not be covered under clause 26.2 of this Agreement. Agreed shift-swaps will be permitted, as long as there is no overtime in the pay cycle. 26.6 Where changes to an officers shift or work location is to occur, the parties agree that GEO will provide the officer with at least two weeks' notice of such changes or may agree a lesser period by agreement with the officer. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 17 of 28PART 6 • LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 27. ANNUAL LEAVE 27.1 Annual leave for full-time, part-time and fixed term/task employees will be accrued progressively in accordance with the minimum required legislative standard as set out in the Act and in accordance with the table below: Work Routine (for each completed 12 months of service) Hours per annum Monday to Friday (day work) - 80 hours/PFN 160 Monday to Friday (day work) - 84 hours/PFN 168 Shift Work- 80 hours/PFN 200 Shift Work - 84 hours/PFN 210 27.2 Any annual leave loading is comprehended in the base wage paid to full-time, part-time and fixed term/task employees. Casual employees are not entitled to annual leave. 27.3 Annual leave will accrue progressively and is cumulative. 27.4 For part-time and fixed term/task employees so engaged, the entitlement is pro-rata calculated by reference to the number of hours worked by the employee in the relevant year, as compared to a full time employee. 27.5 Annual leave shall be taken in blocks which shall be not less than one week, unless agreed by both the employee and GEO. For the purpose of clarity; the minimum block of one week shall represent the employee being on approved annual leave commencing on any day of the week and absent from the centre for seven (7) consecutive days. 27.6 Upon request, an employee may take up to five (5) days annual leave as single day absences, or may be combined up to a maximum of three (3) consecutive days where the employee has provided a minimum of 48 hours' notice as required or a lesser period of notice if agreed by GEO. 27.7 A period not exceeding half the annual leave entitlement may be granted after six (6) months employment in each year of service. 27.8 Where agreement cannot be reached concerning the taking of annual leave, GEO'S decision will prevail. 27.9 Excess annual leave, as described at clause 29, may be "cashed-in" at the option of the employee. 27.10 For the purposes of clause 27.1, a shift worker is an employee whose rostered hours include hours worked outside of the span of hours of work for employees engaged in day work (day work defined out hours worked between 6:00 am and 6:00 pm). 27.11 The provisions of this Clause 27 of this Agreement will not be applied to exclude or reduce the entitlement of employees to annual leave under the NES (sections 87 and 93(2) of the Act. 28. EMPLOYEE PURCHASED ADDITIONAL ANNUAL LEAVE. 28.1 An employee may purchase additional annual leave to a maximum of four (4) weeks annual leave per annum on the following terms: 28.1.1 The employee is to discuss the purchase with their manager before proceeding with the purchase of annual leave to ensure workload planning occurs; 28.1.2 Approval of purchased leave arrangements will be subject to operational requirements; 28.1.3 The dates intended to be taken in regard to the purchased leave must be advised at the time of applying to purchase the leave, and must be taken in a minimum amount of one (1) week; 28.1.4 There will be a total of 24 weeks of annual leave available for purchase by employees from a minimum of one (1) to a maximum of four (4) weeks. RCC ENTERPRISE AGREEMENT 2021 GEO· 18 March 2021 • FINAL Page 18 of 28 PART 6 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 27. ANNUAL LEAVE 27.1 Annual leave for full-time, part-time and fixed term/task employees will be accrued progressively in accordance with the minimum required legislative standard as set out in the Act and in accordance with the table below: Work Routine (for each completed 12 months of service) Hours per annum Monday to Friday (day work) - 80 hours/PFN 160 Monday to Friday (day work) - 84 hours/PFN 168 Shift Work - 80 hours/PFN 200 Shift Work - 84 hours/PFN |210 27.2 Any annual leave loading is comprehended in the base wage paid to full-time, part-time and fixed term/task employees. Casual employees are not entitled to annual leave. 27.3 Annual leave will accrue progressively and is cumulative. 27.4 For part-time and fixed term/task employees so engaged, the entitlement is pro-rata calculated by reference to the number of hours worked by the employee in the relevant year, as compared to a full- time employee. 27.5 Annual leave shall be taken in blocks which shall be not less than one week, unless agreed by both the employee and GEO. For the purpose of clarity; the minimum block of one week shall represent the employee being on approved annual leave commencing on any day of the week and absent from the centre for seven (7) consecutive days. 27.6 Upon request, an employee may take up to five (5) days annual leave as single day absences, or may be combined up to a maximum of three (3) consecutive days where the employee has provided a minimum of 48 hours' notice as required or a lesser period of notice if agreed by GEO. 27.7 A period not exceeding half the annual leave entitlement may be granted after six (6) months employment in each year of service. 27.8 Where agreement cannot be reached concerning the taking of annual leave, GEO'S decision will prevail. 27.9 Excess annual leave, as described at clause 29, may be "cashed-in" at the option of the employee. 27.10 For the purposes of clause 27.1, a shift worker is an employee whose rostered hours include hours worked outside of the span of hours of work for employees engaged in day work (day work defined out hours worked between 6:00 am and 6:00 pm). 27.11 The provisions of this Clause 27 of this Agreement will not be applied to exclude or reduce the entitlement of employees to annual leave under the NES (sections 87 and 93(2) of the Act. 28. EMPLOYEE PURCHASED ADDITIONAL ANNUAL LEAVE. 28.1 An employee may purchase additional annual leave to a maximum of four (4) weeks annual leave per annum on the following terms: 28.1.1 The employee is to discuss the purchase with their manager before proceeding with the purchase of annual leave to ensure workload planning occurs; 28.1.2 Approval of purchased leave arrangements will be subject to operational requirements; 28.1.3 The dates intended to be taken in regard to the purchased leave must be advised at the time of applying to purchase the leave, and must be taken in a minimum amount of one (1) week; 28.1.4 There will be a total of 24 weeks of annual leave available for purchase by employees from a minimum of one (1) to a maximum of four (4) weeks RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 18 of 2828.1.5 Applications for purchased leave will form part of the Annual Leave Plan Process and its conditions. 28.1.6 A purchase of annual leave is made via a deduction from the employee's fortnightly wage, where the cost of the number of hours purchased is based on the employee's wage applicable on the same pay day in which the deduction is made. The purchased annual leave is to be credited on the same pay day as the wage deduction is made and will be available as per the Centre Annual Leave Planner. 28.1.7 The cost of the number of hours purchased is based on the employee's wage applicable on the same pay day in which the deduction is made. The purchased annual leave is to be credited on the same pay day as the salary deduction is made and will be available as per the Centre Annual Leave Planner. 28.1.8 On a case by case basis, employees may request approval from the General Manager to vary the above conditions due to special circumstances, such as long term travel arrangements (documentary evidence may be required). 29. CASHING-IN OF EXCESS LEAVE ENTITLEMENTS 29.1 Subject to any applicable legislation to the contrary, an employee may elect to "cash-in" excess accumulated annual leave, and/or special leave entitlements. 29.2 The ability to "cash-in" excess accumulated annual leave entitlements is subject to an employee having a minimum accumulation of annual leave equivalent to 12 months service in the employee's classification at all times. For full-time employees engaged to work Monday to Friday, the minimum balance of accumulated annual leave after "cashing-in" excess entitlements is an accrual of four weeks. For full-time employees engaged to work on 12 hour rotating shifts, the minimum balance of accumulated annual leave after "cashing-in" excess entitlements is an accrual of five weeks. For part-time employees the minimum balance of accumulated leave required to be maintained after "cashing-in" excess entitlements is the pro rata equivalent of 12 months full-time service in the applicable classification. 29.3 If the employee "cashes-in" excess leave pursuant to this clause, the employee is not entitled to any further leave or payment in lieu of such leave for the period of employment in respect of which the leave was "cashed-in". 29.4 Excess leave may only be "cashed-in" pursuant to this clause in amounts of not less than one shift. 29.5 A written agreement needs to be made each time annual leave is cashed in. 30. AMOUNT OF PERSONAL/CARER'S LEAVE 30.1 The entitlement to personal/carer's leave under clause 30 of this Agreement will be no less beneficial than the entitlement to personal/carer's leave as provided for in the NES. 30.2 An Employee, other than a casual Employee, is entitled to paid personal/carer's leave when they are absent because of: 30.2.1 personal illness, injury or other medical reason 30.2.2 personal illness or injury of an Employee's immediate family or household member who requires the Employee's care or support; or 30.2.3 an unexpected emergency affecting an Employee's immediate family or household member. 30.2.4 For the purposes of clarity, "Immediate family" is defined as: a) A spouse (including a former spouse, a de facto spouse and a former de facto spouse); b) A same sex partner; and RCC ENTERPRISE AGREEMENT 2021 GEO· 18 March 2021- FINAL Page 19 of 28 28.1.5 Applications for purchased leave will form part of the Annual Leave Plan Process and its conditions. 28.1.6 A purchase of annual leave is made via a deduction from the employee's fortnightly wage, where the cost of the number of hours purchased is based on the employee's wage applicable on the same pay day in which the deduction is made. The purchased annual leave is to be credited on the same pay day as the wage deduction is made and will be available as per the Centre Annual Leave Planner. 28.1.7 The cost of the number of hours purchased is based on the employee's wage applicable on the same pay day in which the deduction is made. The purchased annual leave is to be credited on the same pay day as the salary deduction is made and will be available as per the Centre Annual Leave Planner. 28.1.8 On a case by case basis, employees may request approval from the General Manager to vary the above conditions due to special circumstances, such as long term travel arrangements (documentary evidence may be required). 29. CASHING-IN OF EXCESS LEAVE ENTITLEMENTS 29.1 Subject to any applicable legislation to the contrary, an employee may elect to "cash-in" excess accumulated annual leave, and/or special leave entitlements. 29.2 The ability to "cash-in" excess accumulated annual leave entitlements is subject to an employee having a minimum accumulation of annual leave equivalent to 12 months service in the employee's classification at all times. For full-time employees engaged to work Monday to Friday, the minimum balance of accumulated annual leave after "cashing-in" excess entitlements is an accrual of four weeks. For full-time employees engaged to work on 12 hour rotating shifts, the minimum balance of accumulated annual leave after "cashing-in" excess entitlements is an accrual of five weeks. For part-time employees the minimum balance of accumulated leave required to be maintained after "cashing-in" excess entitlements is the pro rata equivalent of 12 months full-time service in the applicable classification. 29.3 If the employee "cashes-in" excess leave pursuant to this clause, the employee is not entitled to any further leave or payment in lieu of such leave for the period of employment in respect of which the leave was "cashed-in". 29.4 Excess leave may only be "cashed-in" pursuant to this clause in amounts of not less than one shift. 29.5 A written agreement needs to be made each time annual leave is cashed in. 30. AMOUNT OF PERSONAL/CARER'S LEAVE 30.1 The entitlement to personal/carer's leave under clause 30 of this Agreement will be no less beneficial than the entitlement to personal/carer's leave as provided for in the NES. 30.2 An Employee, other than a casual Employee, is entitled to paid personal/carer's leave when they are absent because of: 30.2.1 personal illness, injury or other medical reason 30.2.2 personal illness or injury of an Employee's immediate family or household member who requires the Employee's care or support; or 30.2.3 an unexpected emergency affecting an Employee's immediate family or household member. 30.2.4 For the purposes of clarity, "Immediate family" is defined as: a) A spouse (including a former spouse, a de facto spouse and a former de facto spouse); b) A same sex partner; and RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 19 of 28c) A child or an adult child (including an adopted child, step child or an ex nuptial child) parent, grandparent, grandchild or sibling of the employee or the employee's spouse. 30.3 Full time Correctional employees are entitled to paid personal/carer's leave of 96 hours for each year. 30.4 Full time Catering employees are entitled to paid personal/carer's leave of 80 hours for each year. 30.5 A part-time Employee is entitled to a pro-rata amount of paid personal/carer's leave in accordance with either clause 30.2 or 30.3 as applicable, and based on the part-time Employee's hours of work. 30.6 Personal Leave will be accrued from commencement of employment and accumulated in subsequent years. 30.7 After 12 months continuous employment, full-time Catering employees will be entitled to an additional 2 days paid personal leave and part-time, fixed term and fixed task employees are entitled to additional days at a pro-rata rate of the additional allowance 30.8 Employees appointed for a fixed-task or fixed-term period will accrue on a pro-rata basis paid personal/carer's leave according to their length of service. 30.9 A Fixed task/term employee may carry forward such personal leave as accrued during periods of contract employment under the following conditions: 30.9.1 The minimum contract period for this to apply is three (3) months. 30.9.2 Employee returns to casual status for periods of no more than six (6) months at a time. 30.9.3 Personal Leave can only be taken during periods of fixed task or permanent employment, not during casual employment. 30.10 Leave without pay will not count as service for personal/carer's leave accrual purposes. 30.11 Accrued personal/carer's leave will not be paid out on termination of employment. 30.12 Where an employee has exhausted accumulated personal leave due to a specific serious personal illness or injury, the employee may use any accumulated annual leave entitlements. Once these have been exhausted, then additional sick leave may be available by authority of the General Manager, at the Ravenhall Correctional Centre. 31. UNPAID CARER'S LEAVE 31.1 An employee engaged as a casual employee (or a permanent employee without an entitlement to take paid personal/carer's leave), is entitled to 2 days' unpaid carer's leave for each occasion when they need to provide care or support to an immediate family member or a household member. 31.2 A casual employee who is absent for more than 2 consecutive shifts, must provide GEO with a medical certificate or in the case of an emergency, complete a statutory declaration stating the relationship of to the employee of the person who the employee is caring for and that person requires care. 32. PAYMENT FOR PERSONAL/CARER'S LEAVE 32.1 An Employee, other than a casual Employee, who takes paid personal/carer's leave, is entitled to be paid at his or her rate of pay for their rostered hours of work in the period during which the personal/carer's leave is taken. 33. PERSONAL/CARERS LEAVE APPLICATION 33.1 An Employee must give their Employer notice of the taking of personal/carer's leave under this clause. The notice: 33.1.1 must advise the Employer of the period, or expected period, of the leave; and RCC ENTERPRISE AGREEMENT 2021 GEO -18 March 2021 - FINAL Page 20 of 28 c) A child or an adult child (including an adopted child, step child or an ex nuptial child) parent, grandparent, grandchild or sibling of the employee or the employee's spouse. 30.3 Full time Correctional employees are entitled to paid personal/carer's leave of 96 hours for each year. 30.4 Full time Catering employees are entitled to paid personal/carer's leave of 80 hours for each year. 30.5 A part-time Employee is entitled to a pro-rata amount of paid personal/carer's leave in accordance with either clause 30.2 or 30.3 as applicable, and based on the part-time Employee's hours of work. 30.6 Personal Leave will be accrued from commencement of employment and accumulated in subsequent years. 30.7 After 12 months continuous employment, full-time Catering employees will be entitled to an additional 2 days paid personal leave and part-time, fixed term and fixed task employees are entitled to additional days at a pro-rata rate of the additional allowance 30.8 Employees appointed for a fixed-task or fixed-term period will accrue on a pro-rata basis paid personal/carer's leave according to their length of service. 30.9 A Fixed task/term employee may carry forward such personal leave as accrued during periods of contract employment under the following conditions: 30.9.1 The minimum contract period for this to apply is three (3) months. 30.9.2 Employee returns to casual status for periods of no more than six (6) months at a time. 30.9.3 Personal Leave can only be taken during periods of fixed task or permanent employment, not during casual employment. 30.10 Leave without pay will not count as service for personal/carer's leave accrual purposes. 30.11 Accrued personal/carer's leave will not be paid out on termination of employment. 30.12 Where an employee has exhausted accumulated personal leave due to a specific serious personal illness or injury, the employee may use any accumulated annual leave entitlements. Once these have been exhausted, then additional sick leave may be available by authority of the General Manager, at the Ravenhall Correctional Centre. 31. UNPAID CARER'S LEAVE 31.1 An employee engaged as a casual employee (or a permanent employee without an entitlement to take paid personal/carer's leave), is entitled to 2 days' unpaid carer's leave for each occasion when they need to provide care or support to an immediate family member or a household member. 31.2 A casual employee who is absent for more than 2 consecutive shifts, must provide GEO with a medical certificate or in the case of an emergency, complete a statutory declaration stating the relationship of to the employee of the person who the employee is caring for and that person requires care. 32. PAYMENT FOR PERSONAL/CARER'S LEAVE 32.1 An Employee, other than a casual Employee, who takes paid personal/carer's leave, is entitled to be paid at his or her rate of pay for their rostered hours of work in the period during which the personal/carer's leave is taken. 33. PERSONAL/CARERS LEAVE APPLICATION 33.1 An Employee must give their Employer notice of the taking of personal/carer's leave under this clause. The notice: 33.1.1 must advise the Employer of the period, or expected period, of the leave; and RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 20 of 2833.1.2 must be given to the immediate supervisor or manager as soon as possible before the commencement of shift, but not later than the employee's scheduled starting time. 34. DOCUMENTARY EVIDENCE REQUIREMENTS 34.1 Employees must provide the Employer with the following evidence for absences of more than two consecutive shifts duration if the Employee requires a period of personal leave: 34.1.1 a medical certificate or certificate of attendance from a Registered Medical Practitioner; or 34.1.2 if not reasonably practicable, a statutory declaration made by the Employee, stating that he or she was, is or will be unfit to work during the period. 34.2 In addition, GEO reserves the right to require, on prior notice, medical certificates for frequent absences of two consecutive shifts or less duration. GEO may refer an employee for an independent medical opinion at its expense and may, as a consequence of that opinion, limit the duration of paid sick leave after considering all aspects of the employee's case. 34.3 Subject to clause 34.1, in the case of carer's leave, the Employee must provide the Employer with appropriate documentary evidence. 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 Medical Practitioner or statutory declaration stating that person concerned requires the Employee's care or support or other relevant documentary evidence. 35. PERSONAL LEAVE DONATION 35.1 An employee (donor) may transfer the equivalent of one day (in hours) personal leave to a fellow employee (recipient) under the following conditions: 35.2 The recipient has no further leave balances available to them; 35.3 The recipient is suffering a life threatening condition; and 35.4 The donor has, at the time of the donation, a minimum of one (1) years' accrual of personal leave in their balance. 35.5 The transfer of such leave does not contravene any legislation applying in relation to personal leave. 36. COMPASSIONATE LEAVE 36.1 Employees may have up to 36 hours (i.e. 3 days) leave upon the death of a member of the employee's immediate family as defined in clause 30.2.4. 36.2 The Employer will endeavour to approve additional leave from the employees' existing leave balance to facilitate instances that require interstate or overseas travel. 37. SPECIAL LEAVE AND OTHER LEAVE 37.1 A continuing employee who does not take Personal (Sick) leave during any six month period from the date the employee last took Personal (Sick) leave, is entitled to one day special leave at ordinary rates for the applicable period. In order to apply for special leave, employees are required to complete a GEO leave form. This leave must be taken on a date agreed to by GEO within two calendar months of the entitlement falling due (unless exceptional circumstances exist) or be "cashed-in" pursuant to clause 29. This leave does not accumulate. 37.2 Any other leave (including Family and Domestic Violence Leave) not provided for in this Agreement will be dealt with in accordance with the Fair Work Act 2009. 38. PARENTAL LEAVE 38.1 The provisions of Chapter 2 - Terms and Conditions of Employment of the Act or its successor apply to the granting of parental leave. RCC ENTERPRISE AGREEMENT 2021 GEO -18 March 2021 • FINAL Page 21 of 28 33.1.2 must be given to the immediate supervisor or manager as soon as possible before the commencement of shift, but not later than the employee's scheduled starting time. 34. DOCUMENTARY EVIDENCE REQUIREMENTS 34.1 Employees must provide the Employer with the following evidence for absences of more than two consecutive shifts duration if the Employee requires a period of personal leave: 34.1.1 a medical certificate or certificate of attendance from a Registered Medical Practitioner; or 34.1.2 if not reasonably practicable, a statutory declaration made by the Employee, stating that he or she was, is or will be unfit to work during the period. 34.2 In addition, GEO reserves the right to require, on prior notice, medical certificates for frequent absences of two consecutive shifts or less duration. GEO may refer an employee for an independent medical opinion at its expense and may, as a consequence of that opinion, limit the duration of paid sick leave after considering all aspects of the employee's case. 34.3 Subject to clause 34.1, in the case of carer's leave, the Employee must provide the Employer with appropriate documentary evidence. 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 Medical Practitioner or statutory declaration stating that person concerned requires the Employee's care or support or other relevant documentary evidence. 35. PERSONAL LEAVE DONATION 35.1 An employee (donor) may transfer the equivalent of one day (in hours) personal leave to a fellow employee (recipient) under the following conditions: 35.2 The recipient has no further leave balances available to them; 35.3 The recipient is suffering a life threatening condition; and 35.4 The donor has, at the time of the donation, a minimum of one (1) years' accrual of personal leave in their balance. 35.5 The transfer of such leave does not contravene any legislation applying in relation to personal leave. 36. COMPASSIONATE LEAVE 36.1 Employees may have up to 36 hours (i.e. 3 days) leave upon the death of a member of the employee's immediate family as defined in clause 30.2.4. 36.2 The Employer will endeavour to approve additional leave from the employees' existing leave balance to facilitate instances that require interstate or overseas travel. 37. SPECIAL LEAVE AND OTHER LEAVE 37.1 A continuing employee who does not take Personal (Sick) leave during any six month period from the date the employee last took Personal (Sick) leave, is entitled to one day special leave at ordinary rates for the applicable period. In order to apply for special leave, employees are required to complete a GEO leave form. This leave must be taken on a date agreed to by GEO within two calendar months of the entitlement falling due (unless exceptional circumstances exist) or be "cashed-in" pursuant to clause 29. This leave does not accumulate. 37.2 Any other leave (including Family and Domestic Violence Leave) not provided for in this Agreement will be dealt with in accordance with the Fair Work Act 2009. 38. PARENTAL LEAVE 38.1 The provisions of Chapter 2 - Terms and Conditions of Employment of the Act or its successor apply to the granting of parental leave. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 21 of 2838.2 Employees (other than casual employees) shall have two (2) weeks' parental leave paid at their base wage rate provided that: 38.2.1 Employees have more than 2 years' calendar service with GEO on the date which such employees first proceeded on parental leave; and 38.2.2 Employees take leave within the first 3 months of the birth or adoption of a child; and 38.2.3 Employees take leave to be the primary caregiver to a child. 39. PUBLIC HOLIDAYS 39.1 The following Public Holidays shall be observed for the purposes of this Agreement while same are appointed as public holidays under the Public Holidays Act 1993 (Vic): New Year's Day Australia Day Labour Day Good Friday the Saturday before Easter Sunday Easter Sunday Easter Monday Anzac Day Queen's Birthday Friday before the Australian Football League Grand Final Melbourne Cup Day Christmas Day Boxing Day 39.1.1 39.1.2 39.1.3 39.1.4 39.1.5 39.1.6 39.1.7 39.1.8 39.1.9 39.1.10 39.1.11 39.1.12 39.1.13 39.1.14 And such other public holiday as may be gazetted under Victorian law for general observance in the state of Victoria or the locality of the Centre. 39.2 The Public Holiday to be observed under clause 39.1 is the day declared in the State of Victoria as being the gazetted Public Holiday. 39.3 Where an employee has been called in to work when rostered off on one of the public holidays provided for in clause 39.1, they shall be paid at the rate of time and one half (but only for the day on which the gazetted Public Holiday falls). 40. COMMUNITY SERVICE LEAVE 40.1 Jury Service 40.1.1 Employees who are required to undertake jury service will receive payment in accordance with their normal ordinary hourly rate for the duration of the service. 40.1.2 Any jury allowance payments are to be paid to GEO. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021- FINAL Page 22 of 28 38.2 Employees (other than casual employees) shall have two (2) weeks' parental leave paid at their base wage rate provided that: 38.2.1 Employees have more than 2 years' calendar service with GEO on the date which such employees first proceeded on parental leave; and 38.2.2 Employees take leave within the first 3 months of the birth or adoption of a child; and 38.2.3 Employees take leave to be the primary caregiver to a child. 39. PUBLIC HOLIDAYS 39.1 The following Public Holidays shall be observed for the purposes of this Agreement while same are appointed as public holidays under the Public Holidays Act 1993 (Vic): 39.1.1 New Year's Day 39.1.2 Australia Day 39.1.3 Labour Day 39.1.4 Good Friday 39.1.5 the Saturday before Easter Sunday 39.1.6 Easter Sunday 39.1.7 Easter Monday 39.1.8 Anzac Day 39.1.9 Queen's Birthday 39.1.10 Friday before the Australian Football League Grand Final 39.1.11 Melbourne Cup Day 39.1.12 Christmas Day 39.1.13 Boxing Day 39.1.14 And such other public holiday as may be gazetted under Victorian law for general observance in the state of Victoria or the locality of the Centre. 39.2 The Public Holiday to be observed under clause 39.1 is the day declared in the State of Victoria as being the gazetted Public Holiday. 39.3 Where an employee has been called in to work when rostered off on one of the public holidays provided for in clause 39.1, they shall be paid at the rate of time and one half (but only for the day on which the gazetted Public Holiday falls). 40. COMMUNITY SERVICE LEAVE 40.1 Jury Service 40.1.1 Employees who are required to undertake jury service will receive payment in accordance with their normal ordinary hourly rate for the duration of the service. 40.1.2 Any jury allowance payments are to be paid to GEO. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 22 of 2840.2 Voluntary Emergency Management Activity 40.2.1 The Centre General Manager may grant leave with pay to an employee who is a registered volunteer of an emergency service or, who responds to a civil emergency and engages in activities at the direction of an emergency service. 40.2.2 Emergency service means a state emergency service, firefighting service, search and rescue unit, or other volunteer service performing similar functions in instances of emergency relief. 40.2.3 An employee in an eligible emergency service as defined in clause 40.2.2 must give their manager notice of absence along with advice of the period, or expected period of the absence. The Employer may require the employee to provide evidence that the absence is because the employee has been or will be engaging in an emergency services activity. 41. ATTENDANCE AT BLOOD BANK 41.1 Employees who attend the blood bank and donate blood during normal working hours, shall not suffer any deduction in pay however it shall be the employee's responsibility to arrange a mutually convenient time with GEO. 42. ATTENDANCE AT REPATRIATION CENTRES 42.1 Employees who are ex-service men or ex-service women shall be allowed as time worked, time incurred whilst attending Repatriation Centres for medical examination and/or treatment provided that: 42.1.1 such time does not exceed twelve hours on any one occasion; 42.1.2 payment shall be limited to the difference between the appropriate hourly rate for the period and any payment received from any other source in respect of such attendance; and 42.1.3 the employee produces satisfactory evidence of the requirement to attend and proof of attendance. 43. LONG SERVICE LEAVE 43.1 All employees covered by this Agreement shall have their long service leave entitlements governed by the terms and conditions of the Long Service Leave Act 2018 (Victoria). 43.2 Leave in Advance 43.2.1 Where permitted by law, the Employer may grant an employee long service leave before the employee becomes entitled to that leave: 44. COURT LEAVE a) If the Employer grants long service leave in advance pursuant to this clause and the employee takes this leave, the employee is not entitled to any further long service leave or payment in lieu of long service leave for the period of employment in respect of which the leave in advance was granted. b) If the employment of an employee who has taken leave in advance ends, the Employer may deduct from any payment payable to the employee as a result of the ending of his or her employment an amount equal to the amount paid to the employee for the leave taken in advance (if any), in respect of which the employee will not be entitled to any further payment. 44.1 Where an employee is subpoenaed to be a witness in any court proceedings arising out of the employee's employment with GEO, leave shall be granted as follows: 44.1.1 When rostered on duty, pay for the period of absence in accordance with the usual rostered duties; or RCC ENTERPRISE AGREEMENT 2021 GEO -18 March 2021- FINAL Page 23 of 28 40.2 Voluntary Emergency Management Activity 40.2.1 The Centre General Manager may grant leave with pay to an employee who is a registered volunteer of an emergency service or, who responds to a civil emergency and engages in activities at the direction of an emergency service. 40.2.2 Emergency service means a state emergency service, firefighting service, search and rescue unit, or other volunteer service performing similar functions in instances of emergency relief. 40.2.3 An employee in an eligible emergency service as defined in clause 40.2.2 must give their manager notice of absence along with advice of the period, or expected period of the absence. The Employer may require the employee to provide evidence that the absence is because the employee has been or will be engaging in an emergency services activity. 41. ATTENDANCE AT BLOOD BANK 41.1 Employees who attend the blood bank and donate blood during normal working hours, shall not suffer any deduction in pay however it shall be the employee's responsibility to arrange a mutually convenient time with GEO. 42. ATTENDANCE AT REPATRIATION CENTRES 42.1 Employees who are ex-service men or ex-service women shall be allowed as time worked, time incurred whilst attending Repatriation Centres for medical examination and/or treatment provided that: 42.1.1 such time does not exceed twelve hours on any one occasion; 42.1.2 payment shall be limited to the difference between the appropriate hourly rate for the period and any payment received from any other source in respect of such attendance; and 42.1.3 the employee produces satisfactory evidence of the requirement to attend and proof of attendance. 43. LONG SERVICE LEAVE 43.1 All employees covered by this Agreement shall have their long service leave entitlements governed by the terms and conditions of the Long Service Leave Act 2018 (Victoria). 43.2 Leave in Advance 43.2.1 Where permitted by law, the Employer may grant an employee long service leave before the employee becomes entitled to that leave: a) If the Employer grants long service leave in advance pursuant to this clause and the employee takes this leave, the employee is not entitled to any further long service leave or payment in lieu of long service leave for the period of employment in respect of which the leave in advance was granted. b) If the employment of an employee who has taken leave in advance ends, the Employer may deduct from any payment payable to the employee as a result of the ending of his or her employment an amount equal to the amount paid to the employee for the leave taken in advance (if any), in respect of which the employee will not be entitled to any further payment. 44. COURT LEAVE 44.1 Where an employee is subpoenaed to be a witness in any court proceedings arising out of the employee's employment with GEO, leave shall be granted as follows: 44.1.1 When rostered on duty, pay for the period of absence in accordance with the usual rostered duties; or RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 23 of 2844.1.2 when rostered off duty, payment of an amount equal to eight hours at the employee's usual ordinary hours rate; and 44.1.3 in either circumstance, the employee shall keep witness fees and reimbursement costs ordered by a court. 45. DEFENCE RESERVE SERVICE LEAVE 45.1 GEO is committed to the support of employee's providing Defence Reserve Service under the provisions of the Defence Reserve Service (Protection) Act 2001 (DRSP Act). 45.2 For a maximum [cumulative] period of 2 weeks per annum, GEO will subsidise the wages of an employee where their Service wage payments is below the employee's basic wage, with a make-up to that of their basic wage. Other periods of Service will be actioned in accordance with section 33 of the DRSP Act. Leave to conduct additional Service during the year, may be taken as 'leave without pay', or utilising the employee's 'annual leave' balances. 45.3 The employee (Reservist) must provide the Employer with a copy of all training/exercise commitments as soon as possible (ASAP) on receipt of such information. PART 7 -TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK 46. TRAVELLING, TRANSPORT AND FARES 46.1 An employee travelling, under the instructions of GEO, shall be deemed to be working while so travelling and have all the costs associated with such travel including accommodation and meals, paid for by GEO in accordance with and subject to GEO policy. Where receipts are unable to be obtained for incidental expenses when travelling (e.g. metered parking) the expense will be reimbursed based on reasonable justification. 46.2 If required by GEO to commence and cease work at other than the employee's normal place of work, the employee shall, in addition to all other entitlements, be paid for all time in excess of that normally taken to travel between the employee's residence and normal place of work at ordinary time. In addition, an employee using his or her own vehicle, shall be paid for all excess travelling at the rate prescribed from time to time by the Commissioner for Taxation. 46.3 Where an employee is required to perform duty away from the employee's normal place of work, such as undertaking escorts, a meal allowance shall be paid if the employee is on duty away from the employee's normal place of work during meal times, at the rates published from time to time in GEO's Policies and Procedures as prescribed by the Commissioner for Taxation. 46.4 The monetary amounts provided for in this clause may be varied during the life of this Agreement to reflect changes in the basis upon which the amounts are calculated. PART 8 - TRAINING AND RELATED MATTERS 47. TRAINING 47.1 The parties to this Agreement recognise that in order to increase the efficiency, productivity and competitiveness of GEO, a greater commitment to training and skills development is required. Accordingly the parties commit themselves to: 47.2 Developing a more highly skilled and flexible workforce; 47.3 Providing employees with career opportunities through appropriate training to acquire additional skills; and 47.4 Removing barriers to the utilisation of skills acquired. 47.5 An employee who volunteers for training on his or her rostered day off shall be paid during that training period at the ordinary time rate. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 • FINAL Page 24 of 28 44.1.2 when rostered off duty, payment of an amount equal to eight hours at the employee's usual ordinary hours rate; and 44.1.3 in either circumstance, the employee shall keep witness fees and reimbursement costs ordered by a court. 45. DEFENCE RESERVE SERVICE LEAVE 45.1 GEO is committed to the support of employee's providing Defence Reserve Service under the provisions of the Defence Reserve Service (Protection) Act 2001 (DRSP Act). 45.2 For a maximum [cumulative] period of 2 weeks per annum, GEO will subsidise the wages of an employee where their Service wage payments is below the employee's basic wage, with a make-up to that of their basic wage. Other periods of Service will be actioned in accordance with section 33 of the DRSP Act. Leave to conduct additional Service during the year, may be taken as 'leave without pay', or utilising the employee's 'annual leave' balances. 45.3 The employee (Reservist) must provide the Employer with a copy of all training/exercise commitments as soon as possible (ASAP) on receipt of such information. PART 7 - TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK 46. TRAVELLING, TRANSPORT AND FARES 46.1 An employee travelling, under the instructions of GEO, shall be deemed to be working while so travelling and have all the costs associated with such travel including accommodation and meals, paid for by GEO in accordance with and subject to GEO policy. Where receipts are unable to be obtained for incidental expenses when travelling (e.g. metered parking) the expense will be reimbursed based on reasonable justification. 46.2 If required by GEO to commence and cease work at other than the employee's normal place of work, the employee shall, in addition to all other entitlements, be paid for all time in excess of that normally taken to travel between the employee's residence and normal place of work at ordinary time. In addition, an employee using his or her own vehicle, shall be paid for all excess travelling at the rate prescribed from time to time by the Commissioner for Taxation. 46.3 Where an employee is required to perform duty away from the employee's normal place of work, such as undertaking escorts, a meal allowance shall be paid if the employee is on duty away from the employee's normal place of work during meal times, at the rates published from time to time in GEO's Policies and Procedures as prescribed by the Commissioner for Taxation. 46.4 The monetary amounts provided for in this clause may be varied during the life of this Agreement to reflect changes in the basis upon which the amounts are calculated. PART 8 - TRAINING AND RELATED MATTERS 47. TRAINING 47.1 The parties to this Agreement recognise that in order to increase the efficiency, productivity and competitiveness of GEO, a greater commitment to training and skills development is required. Accordingly the parties commit themselves to: 47.2 Developing a more highly skilled and flexible workforce; 47.3 Providing employees with career opportunities through appropriate training to acquire additional skills; and 47.4 Removing barriers to the utilisation of skills acquired. 47.5 An employee who volunteers for training on his or her rostered day off shall be paid during that training period at the ordinary time rate. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 24 of 2847.6 An employee who is required to attend training courses on his or her rostered day off shall be paid at the rate of time and a half with a minimum payment of three (3) hours or at the employee's discretion shall be given equal time off (i.e. time in lieu [Till) at the rate of one and a half hours off for every hour of training, within the following thirty (30) days. In cases where the time in lieu is not taken within the thirty (30) day time frame, it will be paid out. 47.7 For the purposes of clarity, clause 47.6 relates to any number of hours engaged in training, multiplied by time and one half, e.g. three (3) hours training equates to four point five (4.5) hours TIL, six (6) hours training equates to nine (9) hours TIL, and so on. 48. TRADE UNION TRAINING LEAVE 48.1 An employee nominated by the CPSU and accepted by a training provider to attend a trade union training course may be granted up to 60 hours leave on full pay in any one calendar year to attend same. 48.2 An employee may be granted paid leave under this clause in excess of 60 hours and up to 120 hours in any one calendar year subject to the total leave taken in that year and the subsequent year not exceeding 120 hours. PART 9 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES 49. WORKERS COMPENSATION 49.1 An employee who is absent on workers compensation shall receive benefits including wages in accordance with Victorian WorkCover legislation. 49.2 "Make-up" pay to 100% of the employee's weekly wage will be paid up for a period up to thirty nine (39) weeks from the date of the workers compensation injury or illness for which liability has been accepted. 50. OCCUPATIONAL HEALTH AND SAFETY 50.1 GEO will comply with the Occupational Health and Safety Act 2004 (Vic). 50.2 The Employer will engage in consultation with the CPSU on any matters related to the health and safety of employees. 50.3 An employee elected, in accordance with the procedures in the Occupational Health and Safety Act 2004 (Vic) as an Occupational Health and Safety Representative or Occupational Health and Safety Committee member shall be recognised as such by GEO. 50.4 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, that is approved by the Victorian WorkCover Authority, having regard to course places and the Employer's operations and chosen by the health and safety representative in consultation with the Employer. 50.5 The Employer shall meet any reasonable costs incurred. Leave under this clause must only be granted to an Employee on one occasion and is additional to Trade Union Training Leave. 50.6 GEO shall, in accordance with accepted occupational health standards provide immunisation to all employees covered under this Agreement for Hepatitis B and influenza. The immunisation program will be implemented by qualified staff at each establishment. GEO will also meet the cost of any subsequent tests to verify if the Hepatitis B vaccination has taken effect. 50.7 The Employer will provide mandatory critical incident stress debriefing [CISD] for all employees, who are directly involved with critical incidents, or who are emotionally connected with the incident or persons involved in the incident. 51. CLOTHING, EQUIPMENT AND TOOLS 51.1 GEO will provide a corporate uniform in accordance with GEO's Uniform Policy. RCC ENTERPRISE AGREEMENT 2021 GEO· 18 March 2021 - FINAL Page 25 of 28 47.6 An employee who is required to attend training courses on his or her rostered day off shall be paid at the rate of time and a half with a minimum payment of three (3) hours or at the employee's discretion shall be given equal time off (i.e. time in lieu [TIL]) at the rate of one and a half hours off for every hour of training, within the following thirty (30) days. In cases where the time in lieu is not taken within the thirty (30) day time frame, it will be paid out. 47.7 For the purposes of clarity, clause 47.6 relates to any number of hours engaged in training, multiplied by time and one half, e.g. three (3) hours training equates to four point five (4.5) hours TIL, six (6) hours training equates to nine (9) hours TIL, and so on. 48. TRADE UNION TRAINING LEAVE 48.1 An employee nominated by the CPSU and accepted by a training provider to attend a trade union training course may be granted up to 60 hours leave on full pay in any one calendar year to attend same. 48.2 An employee may be granted paid leave under this clause in excess of 60 hours and up to 120 hours in any one calendar year subject to the total leave taken in that year and the subsequent year not exceeding 120 hours. PART 9 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES 49. WORKERS COMPENSATION 49.1 An employee who is absent on workers compensation shall receive benefits including wages in accordance with Victorian WorkCover legislation. 49.2 "Make-up" pay to 100% of the employee's weekly wage will be paid up for a period up to thirty nine (39) weeks from the date of the workers compensation injury or illness for which liability has been accepted. 50. OCCUPATIONAL HEALTH AND SAFETY 50.1 GEO will comply with the Occupational Health and Safety Act 2004 (Vic). 50.2 The Employer will engage in consultation with the CPSU on any matters related to the health and safety of employees. 50.3 An employee elected, in accordance with the procedures in the Occupational Health and Safety Act 2004 (Vic) as an Occupational Health and Safety Representative or Occupational Health and Safety Committee member shall be recognised as such by GEO. 50.4 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, that is approved by the Victorian WorkCover Authority, having regard to course places and the Employer's operations and chosen by the health and safety representative in consultation with the Employer. 50.5 The Employer shall meet any reasonable costs incurred. Leave under this clause must only be granted to an Employee on one occasion and is additional to Trade Union Training Leave. 50.6 GEO shall, in accordance with accepted occupational health standards provide immunisation to all employees covered under this Agreement for Hepatitis B and influenza. The immunisation program will be implemented by qualified staff at each establishment. GEO will also meet the cost of any subsequent tests to verify if the Hepatitis B vaccination has taken effect. 50.7 The Employer will provide mandatory critical incident stress debriefing [CISD] for all employees, who are directly involved with critical incidents, or who are emotionally connected with the incident or persons involved in the incident. 51. CLOTHING, EQUIPMENT AND TOOLS 51.1 GEO will provide a corporate uniform in accordance with GEO's Uniform Policy. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 25 of 2851.2 GEO will provide all necessary equipment and tools to allow employees to perform their work. 52. FIRST AID 52.1 The Employer will cover the cost of obtaining and maintaining basic First Aid certification for all employees. 52.2 Where an employee is required to have a varied or higher First Aid certification, the Employer will cover the cost of obtaining and maintaining the appropriate Level First Aid certification for the relevant employee only. PART 10 • AGREEMENT AVAILABILITY AND COMPLIANCE 53. TIME AND RECORDS 53.1 All employees covered by this Agreement will be required to record their attendance and departure from work in the manner required by the Employer when entering the facility and leaving the facility. 53.2 Time and wages records shall be kept in accordance with the Act and the Fair Work Regulations 2009. 53.3 Pay slips shall be in the form and be issued as required by the Act and the Fair Work Regulations 2009. 53.4 Time and wages records shall be kept available for inspection as required by the Act and the Fair Work Regulations 2009. 53.5 Time and wages records shall be retained by GEO as required by the Act and the Fair Work Regulations 2009. 54. AVAILABILITY OF THIS AGREEMENT 54.1 Employees can obtain a copy of this Agreement and any variations to it from their Human Resources Manager. This Agreement will also be available on the Ravenhall Correctional Centre intranet. 55. NEXT AGREEMENT 55.1 To the extent permitted by law, the CPSU and GEO will begin discussions 6 months prior to the expiry of this Agreement with a view to expeditiously preparing for the next Agreement. 56. AGREEMENT REVIEW 56.1 The parties agree to review the terms of the Agreement within 18 months of approval by the Fair Work Commission to ensure that it meets the needs of employees and GEO. The parties may determine if a variation to the Agreement is required, subject to the requirements of the Act. RCC ENTERPRISE AGREEMENT 2021 GEO -18 March 2021- FINAL Page 26 of 28 51.2 GEO will provide all necessary equipment and tools to allow employees to perform their work. 52. FIRST AID 52.1 The Employer will cover the cost of obtaining and maintaining basic First Aid certification for all employees. 52.2 Where an employee is required to have a varied or higher First Aid certification, the Employer will cover the cost of obtaining and maintaining the appropriate Level First Aid certification for the relevant employee only. PART 10 - AGREEMENT AVAILABILITY AND COMPLIANCE 53. TIME AND RECORDS 53.1 All employees covered by this Agreement will be required to record their attendance and departure from work in the manner required by the Employer when entering the facility and leaving the facility. 53.2 Time and wages records shall be kept in accordance with the Act and the Fair Work Regulations 2009. 53.3 Pay slips shall be in the form and be issued as required by the Act and the Fair Work Regulations 2009. 53.4 Time and wages records shall be kept available for inspection as required by the Act and the Fair Work Regulations 2009. 53.5 Time and wages records shall be retained by GEO as required by the Act and the Fair Work Regulations 2009. 54. AVAILABILITY OF THIS AGREEMENT 54.1 Employees can obtain a copy of this Agreement and any variations to it from their Human Resources Manager. This Agreement will also be available on the Ravenhall Correctional Centre intranet. 55. NEXT AGREEMENT 55,1 To the extent permitted by law, the CPSU and GEO will begin discussions 6 months prior to the expiry of this Agreement with a view to expeditiously preparing for the next Agreement. 56. AGREEMENT REVIEW 56.1 The parties agree to review the terms of the Agreement within 18 months of approval by the Fair Work Commission to ensure that it meets the needs of employees and GEO. The parties may determine if a variation to the Agreement is required, subject to the requirements of the Act. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 26 of 28Signed for and on behalf of The GEO Group Australia Pty Ltd ABN 24 051130 600 by its Date: Signature Managing Director In the presence of: ' ·;t, 1011 . (I /- d fl v-ci / /l A A / ............ ... ,1 . • ~ :L ...... .. 7r. .v..~ .I': .. .. ...... . Signature of witness Signed for and on behalf of the Community and Public Sector Union as a representative of employees covered thi s Agreement by its authorised officer: Signature of authorised officer g,~c~ .. t.:\~l.1~±s..~t~~~r~ Authority V In the presence of: .. .. i ... ufl.Z.L. .. ... ~E&~ Sig~lure of witness RCC ENTERPRISE AGREEMENT 2021 GEO -18 March 2021 - FINAL Pieter Bezuidenhout Ll8, 44 Market Street Sydney. NSW 2000 ... .. gpv .. .... (A.-J.\f0..~.fl ........... .. Name of witness Ll8, 44 Market Street Sydney. NSW 2000 Name of authorised officer 4/128 Exhibition St, Melbourne VIC 3000 J ( . ~vt C, ti - uJv\_ . ...... .. .... . U. ... . ~ ......... ....... ... ...... .. ~ Name of witness 4/128 Exhibition St, Melbourne VIC 3000 Page 27 of 28 Signed for and on behalf of The GEO Group Australia Pty Ltd ABN 24 051 130 600 by its authorised officer: 20 AVRIL 2021 Date: Pieter Bezuidenhout Signature of authorised officer [18, 44 Market Street Sydney. NSW 2000 Managing Director In the presence of: ACcomo ROD CASIMIR Signature of witness Name of witness L18, 44 Market Street Sydney. NSW 2000 Signed for and on behalf of the Community and Public Sector Union as a representative of employees covered this Agreement by its authorised officer: 21 April 2021 Date: We Townsend. Wayne Townsend. Signature of authorised officer Name of authorised officer Branch 4/128 Exhibition St, Melbourne VIC 3000 Assistant Secretary ........ Authority In the presence of: Julie MCKnover Julie Mckeown. Signature of witness Name of witness 4/128 Exhibition St, Melbourne VIC 3000 RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 27 of 28SCHEDULE 1 RIGHT TO REQUEST CASUAL CONVERSION (a) A person engaged by the Employer as a regular casual employee may request that their employment be converted to full-time or part-time employment. (b) A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this Agreement. (c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months' casual employment may request to have their employment converted to full-time employment. (d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months' casual employment may request to have their employment converted to part time employment consistent with the pattern of hours previously worked. (e) Any request under this Schedule must be in writing and provided to the Employer. (f) Where a regular casual employee seeks to convert to full-time or part-time employment, the Employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee. (g) Reasonable grounds for refusal include that: (i) it would require a significant adjustment to the casual employee's hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this award -that is, the casual employee is not truly a regular casual employee as defined in paragraph (b); (ii) it is known or reasonably foreseeable that the regular casual employee's position will cease to exist within the next 12 months; (iii) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or (iv) it is known or reasonably foreseeable that there will be a significant change in the days; and/or (v) times at which the employee's hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work. (h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. (i) Where the Employer refuses a regular casual employee's request to convert, the Employer must provide the casual employee with the Employer's reasons for refusal in writing within 21 days of the request being made. If the employee does not accept the Employer's refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedures of the Agreement. Under that procedure, the employee or the Employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. (j) Where it is agreed that a casual employee will have their employment converted to full-time or part time employment as provided for in this Schedule, the Employer and employee must discuss and record in writing. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021- FINAL Page 28 of 28 SCHEDULE 1 RIGHT TO REQUEST CASUAL CONVERSION (a) A person engaged by the Employer as a regular casual employee may request that their employment be converted to full-time or part-time employment. (b) A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this Agreement. (c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months' casual employment may request to have their employment converted to full-time employment. (d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months' casual employment may request to have their employment converted to part- time employment consistent with the pattern of hours previously worked. (e) Any request under this Schedule must be in writing and provided to the Employer. (f) Where a regular casual employee seeks to convert to full-time or part-time employment, the Employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee. (g) Reasonable grounds for refusal include that: (i) it would require a significant adjustment to the casual employee's hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this award - that is, the casual employee is not truly a regular casual employee as defined in paragraph (b); (ii) it is known or reasonably foreseeable that the regular casual employee's position will cease to exist within the next 12 months; (iii) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or (iv) it is known or reasonably foreseeable that there will be a significant change in the days; and/or (v) times at which the employee's hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work. (h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. (i) Where the Employer refuses a regular casual employee's request to convert, the Employer must provide the casual employee with the Employer's reasons for refusal in writing within 21 days of the request being made. If the employee does not accept the Employer's refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedures of the Agreement. Under that procedure, the employee or the Employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. Where it is agreed that a casual employee will have their employment converted to full-time or part- time employment as provided for in this Schedule, the Employer and employee must discuss and record in writing. RCC ENTERPRISE AGREEMENT 2021 GEO - 18 March 2021 - FINAL Page 28 of 28IN THE FAIR WORK COMMISSION FWC Matter No.: AG2021/4760 Re: the Ravenha/1 Correctional Centre Enterprise Agreement 2021 Applicant: The GEO Group Australia Pty Ltd Undertaking - Section 190 I, Pieter Bezuidenhout, Managing Director of The GEO Group Australia Pty Ltd (GEO), being authorised by my position to do so, give the following undertakings with respect to the Ravenha/1 Correctional Centre Enterprise Agreement 2021 (Agreement): 1. For the purposes of the NES and the entitlement 5 weeks of annual leave for a shift worker, the definition of a shift worker is as provided for in clause 23.1.5, being an employee, whose hours of work are rostered and may be worked on any or all days of the week including Saturdays, Sundays and Public Holidays. For clarity, the fifth week of annual leave for these shift workers is provided for in clause 27.1 where they are identified as "Shift Work - 80 Hours PFN' (per fortnight) with a leave entitlement of 200 hours per annum, and "Shift Work - 84 Hours PFN"with an entitlement of 210 hours per annum, noting that the leave entitlements have been calculated on rostered hours as opposed to ordinary hours. 2. The rostered hours of work for full-time correctional employees and full-time catering staff provided for in clauses 23.1.3 and 23.1.4 are inclusive of ordinary hours and excess hours which have been as agreed as reasonable for the purposes of s63(2) of the Fair Work Act 2009. 3. Trainee Correctional Officers - at the end of the training period GEO will determine whether there is any shortfall in total remuneration of the trainee during that training period when compared with the Corrections and Detention (Private Sector) Award 2020 (Award). The amount of any shortfall identified by GEO plus an amount of 1 % of the remuneration calculated under the Award for the applicable period will be paid to the employee in the next pay period after the review is completed. Date IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/4760 Re: the Ravenhall Correctional Centre Enterprise Agreement 2021 Applicant: The GEO Group Australia Pty Ltd Undertaking - Section 190 I, Pieter Bezuidenhout, Managing Director of The GEO Group Australia Pty Ltd (GEO), being authorised by my position to do so, give the following undertakings with respect to the Ravenhall Correctional Centre Enterprise Agreement 2021 (Agreement): 1. For the purposes of the NES and the entitlement 5 weeks of annual leave for a shift worker, the definition of a shift worker is as provided for in clause 23.1.5, being an employee, whose hours of work are rostered and may be worked on any or all days of the week including Saturdays, Sundays and Public Holidays. For clarity, the fifth week of annual leave for these shift workers is provided for in clause 27.1 where they are identified as "Shift Work - 80 Hours PFN" (per fortnight) with a leave entitlement of 200 hours per annum, and "Shift Work - 84 Hours PFN" with an entitlement of 210 hours per annum, noting that the leave entitlements have been calculated on rostered hours as opposed to ordinary hours. 2. The rostered hours of work for full-time correctional employees and full-time catering staff provided for in clauses 23.1.3 and 23.1.4 are inclusive of ordinary hours and excess hours which have been as agreed as reasonable for the purposes of s63(2) of the Fair Work Act 2009. 3. Trainee Correctional Officers - at the end of the training period GEO will determine whether there is any shortfall in total remuneration of the trainee during that training period when compared with the Corrections and Detention (Private Sector) Award 2020 (Award). The amount of any shortfall identified by GEO plus an amount of 1% of the remuneration calculated under the Award for the applicable period will be paid to the employee in the next pay period after the review is completed. 6/5/21 Pieter Bezuidenhout Date