1
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Architects Registration Board of Victoria
(AG2021/4848)
ARCHITECTS REGISTRATION BOARD OF VICTORIA ENTERPRISE
AGREEMENT 2020
State and Territory government administration
COMMISSIONER CIRKOVIC MELBOURNE, 17 MAY 2021
Application for approval of the Architects Registration Board of Victoria Enterprise
Agreement 2020.
[1] Architects Registration Board of Victoria (the Applicant) has made an application for
approval of an enterprise agreement known as the Architects Registration Board of Victoria
Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the
Act). The agreement is a single enterprise agreement.
[2] The matter was allocated to my Chambers on 29 April 2021.
[3] On 29 April 2021, my Chambers contacted the parties to seek clarification about
aspects of the Agreement and invited the Applicant to address these matters including through
the provision of an undertaking.
[4] The Applicant has submitted an undertaking in the required form dated 16 May 2021.
The undertaking deals with the following topics:
Typographical errors in clauses 44.2(b), 49.3, and 70.1 have been amended; and
The evidence requirements for employees taking personal and compassionate leave
have been amended for consistency with the National Employment Standards (NES).
[5] Pursuant to s.190(4) of the Act, a copy of the undertaking has been provided to the
bargaining representative, who confirmed they have been consulted about the undertakings
and support their incorporation into the Agreement.
[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have
accepted it. As a result, the undertakings are taken to be a term of the Agreement.
[2021] FWCA 2803
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
[2021] FWCA 2803
2
[7] The “Community and Public Sector Union” (CPSU), being a bargaining representative
for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to
cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this
organisation.
[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as
are relevant to this application for approval have been met.
[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
7 days after the date of approval of the Agreement. The nominal expiry date is 20 March
2024.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE511491 PR729897
FAIR OF THE PAIN HORAS COM AMISSION THE SEAL
OFFICIAL
Architects Registration Board of Victoria
Enterprise Agreement 2020
hydej
Undertaking
Architects Registration Board of Victoria Enterprise Agreement 2020
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Table of Contents
Part 1 Application and Operation of Agreement ......................................................... 5
Part 2 Flexible Work ...................................................................................................... 10
Part 3 Communication, Consultation and Dispute Resolution ................................ 14
Part 4 Employment Relationship and Related Arrangements................................. 21
Part 5 Salary and Related Matters ............................................................................... 42
1. Title .................... ............................. ............................................ ............................ 5
2. Definitions and interpretation .................................................... ... ........................ 5
3. Commencement Date and Period of Operation .. ... ................................................ 6
4. Application of Agreement and Parties Covered ..................................................... 7
5. No Further Claims ................................................................................................... 8
6. Savings Provisions and Relationship with other Awards and Agreements .......... 8
7. Anti-Discrimination and Workplace Diversity ....................................................... 8
8. Flexible Work ........ ......... ......... ..................... ......... ......... ............... ......... ............... 10
9. Individual Flexibility Arrangements .................................................................... 11
10. Flexible Working Arrangements - Specific Circumstances ................................. 12
11. Implementation of Change ................................................................................... 14
12. Consultation on Changes to Rosters or Hours of Work ....................................... 16
13. Resolution of Disputes ..... ................ ................... ..... .... ..... .... ..... .... ..... .... ..... ......... 17
14. Workload .............. ......... ......... .............................. ......... ........................ ............... 20
15. Mobility Principles ................................................................................................ 21
16. Mobility Payment ................................................................................ .. .. ...... .... .... 23
17. Secure Employment. ................. ......... ................. ................... ...... ...... ............... .. .. 24
18. Employment Categories and Entitlements .......................................................... 25
19. Usual Place or Places of Work .............................................................................. 27
20. Termination of Employment ................................................................................ 27
21. Costs of Employment Related Legal Proceedings ................................................ 29
22. Working From Home ................................................................. ... .......... ............... 30
23. Redeployment .. ... ......... ................... ............... ..................... ......... ............ ............. 30
24. Management of Unsatisfactory Work Performance .......................................... ... 30
25. Management of Misconduct .. ................................................... ............................ 35
26. Application .. ....... .. .... .. ...... ......................... .... .. .... ... ........... .... ......... ... ...... .......... ... . 42
27. Classifications and Salaries .................................................................................. 42
28. Gender Equality .................... ................................................................................ 43
29. Performance Development and Progression within a Value Range .................... 46
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Part 6 Hours of Work and Related Matters ................................................................ 59
Part 7 Leave of Absence and Public Holidays ............................................................. 65
30. Salary Increases ....... ......... ... ............ .... ..... ... .. ....... ........ ......... .... ... .. .... .. ........ ........ 51
31. Casual Employees - Loading ................................ ................................................ 52
32. Supported Wage System ................................ ............... ........................................ 53
3 3. Payment of Salaries .. .... ................... ............. ........................................................ 53
34. Salary Packaging ........................................................... ........................... ....... ....... 53
35. Allowances - Work or Conditions ........................................................................ 54
36. Reimbursement of Expenses ................................................................................ 55
37. Superannuation .................................................................................................... 56
38. Hours of Work ............. ......... ............................. ... .................................... ............ 59
39. Rest and Meal Breaks ........................................................................................... 59
40. Overtime ............................................................................................................... 60
41. Christmas Closed own ........................................................................................... 63
42. Childcare ............................................................................................................... 64
43. Leave of Absence - General .................................................................................. 65
44. Annual Leave ........ ...................... ................. ............................. .......... .................. 65
45. Cashing Out of Annual Leave ................................................................................ 68
46. Purchased Leave .. ......... ......... ........................ ..................... ......... ......... ........ ....... . 68
4 7. Infectious Diseases ........ .............................. ........ .......... ........ ....... ........ ................ 70
48. Dangerous Medical Conditions ................................................................ .. ........... 70
49. Public Holidays .... .............................. ............ ....................................... ................ 70
50. Personal/ Carer's Leave ........................................................ .. .................. ........... 71
51. Family Violence Leave .. ...... ... ......... ............................. ..... .... ... ...... ..... .................. 77
52. Military Service Sick Leave ................................................................................... 79
53. Compassionate Leave ........................................................................................... 79
54. Parental Leave ....................... ............................................................................... 81
55. Surrogacy Leave ........... ...................................................... .............................. ..... 94
56. Foster and Kinship Care Leave .......... .................................................... .... ........... 96
57. Gender Transition Leave .......... .......... .... .......................... .. .... .... .............. .. .... .. .... 97
58. Leave to Attend Rehabilitation Program .. .... ........ .... .. .............................. .. .......... 98
59. Cultural and Ceremonial Leave ............................................................................ 99
60. Leave to participate in the First Peoples' Assembly of Victoria ........................ 100
61. Long Service Leave ............................................................................................. I 00
62. Defence Reserve Leave .............................................................. ......................... I 04
63. Jury Service ........... ......... ......... .... ..... .. ....... .. .......... ......... ..................... ...... .. ...... .. I 05
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Part 8 Occupational Health and Safety ...................................................................... 109
Redeployment ........................................................................................ 115
Supported Wage System ....................................................................... 116
ARBV Salaries and Classification and Value Range Descriptors ..... 119
Signatories ...................................................................................................................... 149
64. Leave for Blood Donations ........ ......... .. ....... .. .... ... .. .. ......... ..... .... ..... ...... ... ...... ... . 105
65. Leave to Engage in Voluntary Emergency Management Activities ................... I 05
66. Voluntary Community Activities Leave .............................................................. l 06
6 7. Participation in Sporting Events ........................................................................ 106
68. Study Leave ......................................................................................................... 106
69. Other Leave ......................................................................................................... 107
70. Accident Make-Up Pay ............................................. .... ....................................... 109
71. Occupational Health and Safety and Rehabilitation .......................................... 109
72. Industrial Relations/Occupational Health and Safety Training ........................ 112
73. Facilities, Equipment and Accommodation - General .............. ......................... 113
74. Agreement Compliance and Union Related Matters .......................................... 113
75. Right of Entry ...................................................................................................... 114
Schedule A
Schedule B
1. Supported Wage System .... .. .......................... .. .......... .. ....................................... 116
Schedule C
1. ARBV Salaries ..................................................................................................... I l 9
2. VPS Career Structure Classification and Value Range Standard Descriptors ... 126
Architects Registration Board of Victoria Enterprise Agreement 2020
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Title
This Agreement will be known as the Architects Registration Board of Victoria
Enterprise Agreement 2020.
Definitions and interpretation
In this document, unless the contrary intention appears:
Accredited Representative of the Union means an officer or employee of the
Union or a workplace delegate accredited by an authorised officer of the Union
Agreement means the Architects Registration Board of Victoria Enterprise
Agreement 2020
Architects Registration Board of Victoria or ARBV means the Architects
Registration Board of Victoria, or its successor in law
Child unless otherwise defined means:
(a) someone who is child of the Employee within the meaning of the Family Law
Act 1975 (Cth), and
(b) an adopted child or step-child of the person.
It doesn’t matter whether the child is an adult.
CPSU means the Community and Public Sector Union
De Facto Partner means:
(a) a person who, although not legally married to the Employee, lives with the
Employee in a relationship as a couple on a genuine domestic basis
(whether the Employee and the person are of the same sex or different
sexes); and
(b) includes a former De Facto Partner of the Employee.
Employee means an employee of the Architects Registration Board of Victoria
other than those executive officers engaged on Government Sector Executive
Remuneration Panel (GSERP) or the Victorian Public Entity Executive
employment contracts.
Employer means the Architects Registration Board of Victoria
Fortnightly Salary means an Employee’s annual Salary divided by 365.25
multiplied by 14
FWC means the Fair Work Commission or its successor
Part 1 Application and Operation of Agreement
1.
2.
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Fair Work Act 2009 (Cth) and FW Act means that Act, as may be amended from
time to time and any successor to that Act
Immediate Family means:
(a) a Spouse, De Facto Partner, Child, parent, grandparent, grandchild or sibling
of the Employee; or
(b) a Child, parent, grandparent, grandchild or sibling of a spouse or De Facto
Partner of the Employee.
Long Term Casual Employee means a casual Employee who has been employed
on a regular and systematic basis by their Employer for a sequence of periods of
employment during a period of at least 12 months.
Machinery of Government Change means a change arising from the allocation
and reallocation of functions between Victorian government departments and/or
Agencies which is set out in a General Order allocating Acts of Parliament to
Ministers signed by the Premier, an Administrative Arrangements Order made
under the Administrative Arrangements Act 1983 (Vic) or an order or declaration
made under the Public Administration Act 2004 (Vic)
NES means the National Employment Standards.
Party or Parties means the Architects Registration Board of Victoria or the CPSU
PAA means the Public Administration Act 2004 (Vic) as may be amended from
time to time, or any successor to that Act
Public Holiday means a day that is a public holiday pursuant to clause 49
Salary means the wage or salary rate, including all on-going progression
payments, which an Employee receives in the normal course of their duty;
provided that Salary does not include any payment for overtime, stand-by,
travelling allowance, incidental expenses or any payment of a temporary
character
Union means the Community and Public Sector Union (CPSU).
Commencement Date and Period of Operation
This Agreement will commence operation seven (7) days after it is approved by
the FWC and will have a nominal expiry date of 20 March 2024.
Employees to whom this Agreement applies will receive:
(a) Salary increases as provided for in clause 30 (Salary Increases), with the
first increase payable with effect from 20 March 2020; and
(b) increases to allowances, with the first increase payable with effect from 20
March 2020.
Salary and allowance increases payable for the period between 20 March 2020
and the commencement of the Agreement will be made as soon as reasonably
practicable after the Agreement commences operation.
3.
3.1
3.2
3.3
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Alterations to conditions of employment provided for in this Agreement will
apply with effect from the commencement date of this Agreement, unless
otherwise stated.
Renegotiation Period
(a) With the aim of avoiding protracted negotiations for a new agreement, the
parties to this agreement agree to a renegotiation period. The renegotiation
period will be from 20 September 2023 until 20 February 2024. The aim of
the renegotiation period is to permit a new agreement to be reached prior
the nominal expiry date of this Agreement.
(b) To meet this objective, the parties to this agreement agree that:
(i) each will provide any proposals for change to the Agreement by 20
September 2023; and
(ii) they will meet regularly to progress negotiations in good faith. Small
working groups may be established to examine particular areas of
disagreement; and
(iii) the person/s responsible for negotiating will bring with them the
necessary authority to finalise an agreement; and
(iv) if agreement is not reached by 20 December 2023, the parties will
discuss whether they should seek the assistance of a mutually agreed
conciliator or the FWC. This does not prevent the parties seeking
assistance, by agreement, on any individual issue which is creating an
impasse; and
(v) should conciliation be sought, then the Parties to the conciliation may
agree to an extension to the renegotiation period.
(c) During this period the parties to this agreement will not act in a manner that
is designed to frustrate good faith bargaining.
Application of Agreement and Parties Covered
This Agreement applies to and covers:
(a) the ARBV in respect of all Employees (as defined in clause 2 - Definitions
and interpretation); and
(b) all Employees whose employment is, at any time when this Agreement is in
operation, subject to this Agreement; and
(c) the CPSU, provided that the FWC in its decision to approve this Agreement
notes that the Agreement covers the CPSU.
In accordance with Part 2-8 of the FW Act, where there is a transfer of business
to a new employer, the new employer is bound by this Agreement as a
transferable instrument to the extent that it relates to the whole or part of the
business transfer.
3.4
3.5
4.
4.1
4.2
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Agreement Implementation
The Parties will take cognisance of the outcomes of the VPS/CPSU working group
that will develop policies that underpin the key provisions in the Victorian Public
Service Enterprise Agreement 2020.
No Further Claims
This Agreement is intended to set out, or set out processes for determining, all
the terms and conditions of employment of the Employees which will be subject
to the Agreement made under the FW Act for the period from the date of
commencement of this Agreement until 20 March 2024.
The Employees, the Employer and the Union covered by this Agreement agree
that they will not for the period from the date of commencement of this
Agreement until 20 September 2023 make claims to make an enterprise
agreement under the FW Act, whether in relation to matters dealt with in this
Agreement or otherwise.
Savings Provisions and Relationship with other Awards and
Agreements
This Agreement operates to the exclusion of all previous awards and orders of
the FWC and replaces all previous industrial instruments under the FW Act in
respect of the Employees. However any entitlement in the nature of an accrued
entitlement to an individual’s benefit which has accrued under any such previous
industrial instrument will not be affected by the making of this Agreement.
No Employee will, on balance, have their overall pay and conditions reduced as a
result of making this Agreement.
No Employee’s overall terms and conditions of employment will, on balance, be
reduced as a result of any Machinery of Government Changes that occur during
the life of this Agreement.
Anti-Discrimination and Workplace Diversity
The Parties covered by this Agreement respect and value the diversity of the
workforce by helping to prevent and eliminate discrimination on the basis of race,
colour, sex, sexual preference, gender, age, physical or mental disability, marital
status, family or carer’s responsibilities, pregnancy, religion, political opinion,
national extraction, social origin, or any other attributes protected by anti-
discrimination legislation.
The Employer recognises the importance of workplace diversity and inclusion.
The Employer will strive to create a diverse workforce and an environment that
recognises, values, utilises and reflects the diverse society in which we live. In this
context, diversity includes cultural diversity, Aboriginal and Torres Strait
Islander identity, sexuality, age, gender identity, ability, neurodiversity and carer
responsibilities.
4.3
5.
5.1
5.2
6.
6.1
6.2
6.3
7.
7.1
7.2
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Accordingly, in fulfilling their obligations under the procedures in clause 13
(Resolution of Disputes), the Parties must make every endeavour to ensure that
neither the Agreement provisions nor their operation are directly or indirectly
discriminatory in their effects.
Nothing in this clause is to be taken to affect:
(a) any different treatment (or treatment having different effects) which is
specifically exempted under the Commonwealth anti-discrimination
legislation; or
(b) an Employee, Employer or Union pursuing matters of discrimination in any
State or Federal jurisdiction, including by application to the Australian
Human Rights Commission; or
(c) the exceptions in section 351(2) and 772(2) of the FW Act or the operation
of sections 772(3) and 772(4) of the FW Act.
The Employer will act in accordance with its obligations under:
(a) the Equal Opportunity Act 2010 (Vic), and
(b) the Victorian Charter of Human Rights and Responsibilities and
(c) the Gender Equality Act 2020 (Vic).
These obligations apply to the Employer but do not form part of the Agreement.
7.3
7.4
7.5
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Flexible Work
The Parties are committed to providing a range of flexible working arrangements
to give Employees a meaningful level of control over when, where and how work
is accomplished.
These reflect a genuine commitment to support both individual flexibility and
business performance needs, while recognising that not all forms of flexibility will
be suitable for all roles at any time.
Several provisions in this Agreement are available to facilitate an individual’s
need for flexibility, consistent with business requirements and legislative
obligations.
Clause Title Summary of entitlement
(see clause for full entitlement and any
conditions)
9 Individual
Flexibility
Arrangement (IFA)
An IFA may vary the effect of clause 38 (Hours of
Work);
10 Right to Request
Flexible Working
Arrangements
Under s65 of the FW Act Employees in
circumstances as defined in the legislation may
request flexible working arrangements
18.4 Part-Time
Employment
Part time employment may be worked by
agreement between the Employee and the
Employer
22 Working from
Home
An individual Employee and Employer may agree to
work from home on a case by case basis.
38 Hours of Work An Employee can agree with the Employer to work
their ordinary hours flexibly, within the span of
hours, to best meet the Employer’s work
requirements and the Employee’s personal and/or
family circumstances. This may include, for
example, working compressed hours.
46 Purchased Leave An Employee and Employer may agree to work less
than 52 weeks per year to increase the amount of
leave available
51 Family Violence
Leave
An Employee experiencing family violence has an
entitlement to additional leave and may request
flexible work arrangements
Part 2 Flexible Work
8.
8.1
8.2
8.3
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Clause Title Summary of entitlement
(see clause for full entitlement and any
conditions)
54 Parental Leave An Employee returning to work after parental leave
has a right to request a reduced time fraction until
their Child reaches school age, or alternatively may
request an extension of unpaid parental leave
Individual Flexibility Arrangements
An Employee and the Employer may enter into an individual flexibility
arrangement pursuant to this clause in order to meet the genuine needs of both
the Employee and the Employer. An individual flexibility arrangement must be
genuinely agreed to by the Employee and Employer.
An individual flexibility arrangement may vary the effect of clause 38 (Hours of
Work).
An Employee may nominate a representative to assist in negotiations for an
individual flexibility arrangement.
The Employer must ensure that the terms of the individual flexibility
arrangement:
(a) are about permitted matters under section 172 of the FW Act; and
(b) are not unlawful terms under section 194 of the FW Act; and
(c) result in the Employee being better off overall than the Employee would be
if no arrangement was made.
The Employer must ensure that an individual flexibility arrangement is in writing
and signed by the Employee and Employer. If the Employee is under 18, the
arrangement must also be signed by a parent or guardian of the Employee.
The Employer must give a copy of the individual flexibility arrangement to the
Employee within 14 days after it is agreed to.
The Employer must ensure that any individual flexibility arrangement sets out:
(a) which terms of this Agreement will be affected or varied by the individual
flexibility arrangement; and
(b) how the individual flexibility arrangement will vary or affect the terms of
this Agreement; and
(c) how the Employee will be better off overall in relation to the terms and
conditions of their employment as a result of the individual flexibility
arrangement; and
(d) the day on which the individual flexibility arrangement commences; and
9.
9.1
9.2
9.3
9.4
9.5
9.6
9.7
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(e) provides for the individual flexibility arrangement to be terminated:
(i) by either the Employee or Employer giving a specific period of written
notice, with the specified period being not more than 28 days; and
(ii) at any time by written agreement between the Employee and
Employer.
Flexible Working Arrangements – Specific Circumstances
Section 65 of the FW Act provides that an Employee may request a change in their
working arrangements in any of the following circumstances:
(a) the Employee is the parent, or has responsibility for the care, of a Child who
is of school age or younger; or
(b) the Employee is a carer (within the meaning of the Carer Recognition Act
2010); or
(c) the Employee has a disability; or
(d) the Employee is 55 or older; or
(e) the Employee is experiencing violence from a member of the Employee’s
family; or
(f) the Employee provides care or support to a member of the Employee’s
Immediate Family, or a member of the Employee’s household, who requires
care or support because the member is experiencing violence from the
member’s family.
Note: Examples of changes in working arrangements include changes in
hours of work, changes in patterns of work and changes in location of work.
To avoid doubt, and without limiting clause 10.1, an Employee may request to
work part-time to assist the Employee to care for the Child if the Employee:
(a) is a parent, or has responsibility for the care, of a Child; and
(b) is returning to work after taking leave in relation to the birth or adoption of
the Child;
A casual Employee is not entitled to make a request under this clause unless the
Employee:
(a) is a Long Term Casual Employee of the Employer immediately before
making the request; and
(b) has a reasonable expectation of continuing employment by the Employer on
a regular and systematic basis.
A request made under this clause must be made in writing and set out details of
the change sought and the reasons for the change.
10.
10.1
10.2
10.3
10.4
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Before responding to a request, the Employer must discuss the request with the
Employee and genuinely try to reach agreement on a change in working
arrangements that will reasonably accommodate the Employee’s circumstances
having regards to:
(a) the needs of the Employee arising from their circumstances; and
(b) the consequences for the Employee if changes in working arrangements are
not made; and
(c) any reasonable business grounds for refusing the request.
On receipt of a request by an Employee under this clause, the Employer must give
the Employee a written response within 21 days, stating whether the Employer
grants or refuses the request.
The Employer may only refuse the request on reasonable business grounds.
Without limiting what are reasonable business grounds for the purposes of
clause 10.7, reasonable business grounds include any of the following:
(a) that the new working arrangements requested by the Employee would be
too costly for the Employer; or
(b) that there is no capacity to change the working arrangements of other
Employees, or recruit new Employees, to accommodate the new working
arrangements requested by the Employee; or
(c) that it would be impractical to change the working arrangements of other
Employees, or recruit new Employees, to accommodate the new working
arrangements requested by the Employee; or
(d) that the new working arrangements requested by the Employee would be
likely to result in a significant loss in efficiency or productivity; or
(e) that the new working arrangements requested by the employee would be
likely to have a significant negative impact on customer service.
If the Employer refuses the request, the written response under clause 10.6 must
include:
(a) details of the reasons for the refusal, including the business grounds or
ground for the refusal and how the ground or grounds apply, and
(b) whether or not there are any changes in working arrangements that the
Employer can offer the employee so as to better accommodate the
Employee’s circumstances; and
(c) if the Employer can offer the employee such changes in working
arrangements, set out those changes in working arrangements.
If the Employer and Employee reached an agreement under clause 10.6 on a
change in working arrangements that differs from that initially requested by the
Employee, the Employer must provide the Employee with a written response to
their request setting out the agreed change or changes in working arrangements.
10.5
10.6
10.7
10.8
10.9
10.10
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Implementation of Change
Where the Employer has developed a proposal for major change likely to have a
significant effect on Employees, such as a restructure of the workplace, the
introduction of new technology or changes to existing work practices of
Employees, the Employer will advise:
(a) the relevant Employees and the relevant Union covered by this Agreement
of the proposed change as soon as practicable after the proposal has been
made; and
(b) the relevant Employees and the relevant Union covered by this Agreement
of the likely effects on the Employees’ working conditions and
responsibilities; and
(c) of the rationale and intended benefits of any change, including
improvements to productivity, if applicable.
For the purpose of this clause, a major change is likely to have a significant effect
on Employees if it results in:
(a) the termination of the employment of Employees; or
(b) major change to the composition, operation or size of the Employer’s
workforce or to the skills required of Employees; or
(c) the elimination or diminution of job opportunities (including opportunities
for promotion or tenure); or
(d) the alteration of hours of work; or
(e) the need to retrain Employees; or
(f) the need to relocate Employees to another workplace; or
(g) the restructuring of jobs.
Clause 11.2(f) is subject to the rights and obligations set out in clause 19 (Usual
Place or Places of Work).
Relevant Employees means the Employees who may be affected by a change
referred to in clause 11.1.
The Relevant Employees may appoint a representative for the purposes of the
procedures of this clause.
The Employer must recognise the representative appointed by a Relevant
Employee(s) if:
(a) a Relevant Employee appoints, or Relevant Employees appoint, a
representative, which may include CPSU; and
Part 3 Communication, Consultation and Dispute Resolution
11.
11.1
11.2
11.3
11.4
11.5
11.6
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(b) the Employee or Employees advise the Employer of the identity of the
representative.
The Employer will:
(a) regularly consult with Relevant Employees, their nominated
representatives (if any) and the relevant Union covered by this Agreement;
and
(b) give prompt consideration to matters raised by the Employees, their
nominated representatives (if any) or the Employees relevant Union
covered by this Agreement; and
(c) if appropriate provide training for the Employees to assist them to integrate
successfully into the new structure.
In accordance with this clause, the relevant Employees, their nominated
representatives (if any) and the relevant Union covered by this Agreement may
submit alternative proposals which will meet the indicated rationale and benefits
of the proposal.
(a) Such alternative proposals must be submitted in a timely manner so as not
to lead to an unreasonable delay in the introduction of any contemplated
change.
(b) If such a proposal is made the Employer must give considered reasons to
the affected Employees, their nominated representatives (if any) and the
relevant Union covered by this Agreement if the Employer does not accept
its proposals.
(c) Indicative reasonable timeframes are set out below. The steps, timeframes,
and the extent of consultation in each case will:
(i) be commensurate with the scale of the proposed major change and the
likely significant effect for Employees, and
(ii) take account of the Parties’ agreement in clause 15 (Mobility Principles)
that the principles of workforce mobility will be operationalised over the
life of the Agreement through a range of changed practices, modes of work
and service delivery.
Step in process
Number of working days in
which to perform each step
Employer advises Employees, their
nominated representatives (if any) and
relevant Union covered by this
Agreement
Response from Employees, their
nominated representatives (if any) or
the relevant Union covered by this
Agreement
5 days following receipt of written
advice from Employer
11.7
11.8
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Step in process
Number of working days in
which to perform each step
Meeting convened (if requested)
5 days following request for
meeting
Further Employer response (if relevant) 5 days following meeting
Alternative proposal from Employee,
their nominated representatives (if any)
s or relevant Union covered by this
Agreement (if applicable)
10 days following receipt of
Employer response
Employer response to any alternative
proposal
10 days following receipt of
alternative proposal
Any dispute concerning the Parties’ obligations under this clause will be dealt
with in accordance with clause 13 (Resolution of Disputes).
Consultation on Changes to Rosters or Hours of Work
This clause applies if the Employer proposes to introduce a change to the regular
roster or ordinary hours of work of Employees.
The Employer must notify the Relevant Employees of the proposed change.
Relevant Employees means the Employees who may be affected by a change
referred to in clause 12.1.
The Relevant Employees may appoint a representative for the purposes of the
procedures in this clause.
The Employer must recognise the representative appointed by a Relevant
Employee(s) if:
(a) a Relevant Employee appoints, or Relevant employees appoint, a
representative, which may include CPSU, for the purposes of consultation;
and
(b) the Employee or Employees advise the Employer of the identity of the
representative.
As soon as practicable after proposing to introduce the change, the Employer
must:
(a) discuss with the Relevant Employees the introduction of the change; and
(b) for the purposes of the discussion—provide to the Relevant Employees:
(i) all relevant information about the change, including the nature of the
change; and
11.9
12.
12.1
12.2
12.3
12.4
12.5
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(ii) information about what the Employer reasonably believes will be the
effects of the change on the Employees; and
(iii) information about any other matters that the Employer reasonably
believes are likely to affect the Employees; and
(c) invite the Relevant Employees to give their views about the impact of the
change (including any impact in relation to their family or caring
responsibilities).
However, the Employer is not required to disclose confidential or commercially
sensitive information to the relevant Employees.
The Employer must give prompt and genuine consideration to matters raised
about the change by the Relevant Employees.
Resolution of Disputes
For the purposes of this clause 13, a dispute includes a grievance.
Unless otherwise provided for in this Agreement, a dispute about a matter arising
under this Agreement or the National Employment Standards set out in the FW
Act, other than termination of employment, must be dealt with in accordance
with this clause. To avoid doubt, a dispute about termination of employment
cannot be dealt with under this clause.
This clause does not apply to any dispute regarding a matter or matters arising
in the course of bargaining in relation to a proposed enterprise agreement.
The Union may raise a dispute and be a party to a dispute in its own right or in a
representative capacity for an Employee or group of Employees.
A person covered by this Agreement may choose to be represented at any stage
by a representative, including a Union representative or Employer’s organisation.
Obligations
(a) The parties to the dispute and their representatives must genuinely attempt
to resolve the dispute through the processes set out in this clause and must
cooperate to ensure that these processes are carried out expeditiously.
(b) While a dispute is being dealt with in accordance with this clause, work
must continue in accordance with usual practice, provided that this does
not apply to an Employee who has a reasonable concern about an imminent
risk to their health or safety, has advised the Employer of this concern and
has not unreasonably failed to comply with a direction by the Employer to
perform other available work that is safe and appropriate for the Employee
to perform.
(c) No person covered by this Agreement will be prejudiced as to the final
settlement of the dispute by the continuance of work in accordance with
this clause.
Agreement and Dispute Settlement Facilitation
12.6
12.7
13.
13.1
13.2
13.3
13.4
13.5
13.6
13.7
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(a) For the purposes of compliance with this Agreement (including compliance
with this dispute settlement procedure) if the chosen Employee
representative is another Employee of the Employer, they must be released
by the Employer from normal duties for such periods of time as may be
reasonably necessary to enable them to represent Employees concerning
matters pertaining to the employment relationship including but not
limited to:
(i) investigating the circumstances of a dispute or an alleged breach of
this Agreement; or
(ii) endeavouring to resolve a dispute arising out of the operation of this
Agreement; or
(iii) participating in conciliation, arbitration or any other agreed
alternative dispute resolution process.
(b) The release from normal duties referred to in this clause is subject to the
proviso that it does not unduly affect the operations of the Employer.
Discussion of Dispute
(a) The dispute must first be discussed by the aggrieved Employee(s) with the
immediate supervisor of the Employee(s).
(b) If the dispute is not settled, the aggrieved Employee(s) can require that the
dispute be discussed with another representative of the Employer
appointed for the purposes of this procedure.
Internal Process
(a) If any party to the dispute who is covered by this Agreement refers the
dispute to an established internal dispute resolution process, the matter
must first be dealt with according to that process, provided that the process
is conducted as expeditiously as possible and:
(i) is consistent with the rules of natural justice; and
(ii) provides for mediation or conciliation of the dispute; and
(iii) provides that the Employer will take into consideration any views on
who should conduct the review; and
(iv) is conducted with as little formality as a proper consideration of the
dispute allows.
(b) If the dispute is not settled through an internal dispute resolution process,
the matter can be dealt with in accordance with the processes set out below.
(c) If the matter is not settled either party to the dispute may apply to the FWC
to have the dispute dealt with by conciliation.
Disputes of a Collective Character
13.8
13.9
13.10
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(a) The Parties acknowledge that disputes of a collective character concerning
more than one Employee may be dealt with more expeditiously by an early
reference to the FWC.
(b) No dispute of a collective character may be referred to the FWC directly
unless there has been a genuine attempt to resolve the dispute at the
workplace level prior to it being referred to the FWC.
Conciliation
(a) Where a dispute is referred for conciliation, a member of the FWC will do
everything that appears to the member to be right and proper to assist the
parties to the dispute to agree on settlement terms.
(b) This may include arranging:
(i) conferences of the parties to the dispute presided over by the
member; and
(ii) for the parties to the dispute to confer among themselves at
conferences at which the member is not present.
(c) Conciliation before the FWC will be regarded as completed when:
(i) the parties to the dispute have reached agreement on the settlement
of the dispute; or
(ii) the member of the FWC conducting the conciliation has, either of their
own motion or after an application by a party to the dispute, satisfied
themselves that there is no likelihood that, within a reasonable period,
further conciliation will result in a settlement; or
(iii) the parties to the dispute have informed the FWC member that there
is no likelihood of agreement on the settlement of the dispute and the
member does not have substantial reason to refuse to regard the
conciliation proceedings as completed.
Arbitration
(a) If the dispute has not been settled when conciliation has been completed, a
party to the dispute may request that the FWC proceed to determine the
dispute by arbitration.
(b) If a member of the FWC has exercised conciliation powers in relation to the
dispute, the member must not exercise, or take part in the exercise of,
arbitration powers in relation to the dispute if a party to the dispute objects
to the member doing so.
(c) Subject to clause 13.12(d), the determination of the FWC is binding on the
persons covered by this Agreement.
(d) A determination of a single member of the FWC made pursuant to this
clause may, with the permission of a Full Bench of the FWC, be appealed.
General Powers and Procedures of the FWC
13.11
13.12
13.13
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Subject to any agreement between the parties in relation to a particular dispute
and the provisions of this clause, in dealing with a dispute through conciliation or
arbitration, the FWC may conduct the matter in accordance with Subdivision B of
Division 3 of Part 5-1 of the FW Act.
Workload
The Employer acknowledges the benefits to both the organisation and individual
Employee gained through Employees having a balance between both their
professional and family life.
The Employer further recognises that the allocation of work must include
consideration of the Employee’s hours of work, health, safety and welfare. Work
will be allocated so that there is not an allocation that routinely requires work to
be undertaken beyond an Employee’s ordinary hours of work.
An Employee or group of Employees may request a review of their workload if
they believe the workload is unreasonable. The request must be made in writing
and set out details of the workload of the Employee or group of Employees and
the reasons why the workload is considered unreasonable.
On receipt of a request by an Employee or group of Employees under this clause,
the Employer must give the Employee a written response within 21 days, stating
whether the Employer agrees to or refuses the request.
If the Employer refuses the request for a review, the written response under
clause 14.4 must include details of the reasons for the refusal.
If the Employer agrees to the request, a review of the workload of the Employee
or group of Employee’s will be conducted.
Following the completion of the review, the Employee or group of Employees and
the Employer will agree on any necessary adjustments that are required to be
implemented to ensure the workload for the Employee or group of Employees is
reasonable.
14.
14.1
14.2
14.3
14.4
14.5
14.6
14.7
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Mobility Principles
The Parties agree to interpret and apply this Agreement consistently with the
following principles aimed at promoting workforce mobility:
(a) The work required of a modern career public service including the ARBV is
not static but always changing, due to factors such as new government
priorities, population growth, the pace and scale of technological
advancement, changing community service delivery expectations and the
need to respond to evolving complex public policy problems or crises.
(b) Embracing these changing priorities is essential to providing secure,
flexible employment. Within the framework of secure employment (clause
17) and flexibility (clause 8), the Parties acknowledge the importance of
ensuring that ARBV Employees can be responsively deployed within the
ARBV to support changing government priorities and clause 11.2(g) will
not apply in these circumstances.
(c) Employment careers can go beyond a fixed role within a specific team or
location. Employees are encouraged to gain relevant, diverse and evolving
skills and experience across the ARBV and where practicable the public
service, appropriate for facilitating delivery of government’s priorities as
they change over time.
The Parties agree that the principles set out above will be operationalised over
the life of the Agreement, through a range of changed workplace practices, modes
of work and service delivery. These may include, for example but not limited to:
(a) Better matching Employee skills and capabilities to vacant roles in the
ARVB, and
(b) Employees being deployed to priority projects or programs across the
ARBV based on their core skills and capabilities, and
(c) Interdisciplinary project teams or joint ventures, which change in size and
composition over time, with shared resources and/or reporting lines
outside traditional hierarchical structures, and
(d) Joined up, client-focused delivery of multiple services with shared or
complimentary outcomes presently provided by distinct operational areas,
and
(e) Development of generalist capability to allow strategic deployment of VPS
the ARBV employees across functional areas with common or universal skill
sets, and
(f) A better approach to secondments, and enhanced promotion of and
opportunities for secondments, job shares and other reprioritisation of
skills to ensure the right expertise informs policy and strategy development
within the ARBV, and
Part 4 Employment Relationship and Related Arrangements
15.
15.1
15.2
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(g) A better approach to secondments to the VPS and public sector organisations by
encouraging mutual agreement that an Employee may undertake a work
secondment with another organisation in order to enhance skills and expertise in
defined area, and
(h) Building of specialist skills through targeted professional development in
growing sectors, and
(i) Development of communities of practice or networks to better deliver
services, and
(j) Regularly reviewing the ways the mobility principles can be
operationalised, including in circumstances of any change in government
priorities.
The parties agree that workforce mobility measures are not intended to
adversely affect Employees’ overall employment security within the ARBV or
otherwise disadvantage Employees in their employment. In particular:
(a) The Employer will not require an Employee to physically relocate beyond
agreed areas without appropriate consultation and supports as provided
for in Clause 19 (Usual Place or Places of Work), and
(b) The Employer will designate a line manager for personal development,
wellbeing, performance assessment and related support. An Employee may
report to a number of different managers for projects or work activities. The
line manager may consult with the Employee’s different project or work
activity managers in assessing an Employee’s performance. The designated
line manager will ensure an Employee’s reporting arrangements are clear,
and
(c) Clause 14 – Workload applies in respect of workforce mobility measures,
and
(d) An Eligible Employee’s participation in workforce mobility measures will
be regarded favourably and not place that Employee at a disadvantage for
the purposes of performance development and progression at Clause 29
(Performance Development and Progression within a Value Range), and
(e) The Employer will at all times apply the appropriate classification level, and
where applicable, higher duties allowance, to work performed by an
Employee, and
(f) The Employer will comply with its obligations under the Agreement (see
clauses 8 – 10) and section 65 of the FW Act regarding flexible work
arrangements and will ensure that an Employee’s need for flexible work
arrangements is taken into account in implementing mobility measures,
and
(g) The Employer will comply with its obligations under the Agreement and the
Occupational Health and Safety Act 2004 (Vic) when implementing mobility
measures, and
(h) Mobility measures will not disadvantage an Employee in their terms and
conditions of employment.
15.3
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Mobility Payment
Employees will be paid an annual lump sum mobility payment:
(a) in recognition of the Parties commitment to the mobility principles outlined
in clause 15 (Mobility Principles) of the Agreement, and
(b) in recognition of the fact that the work required of a modern career public
service is not static but always changing, and
(c) to acknowledge Employees are committed to ensuring they can be
responsively deployed to support changing government priorities, and
(d) to encourage Employees to gain relevant, diverse and evolving skills and
experience across the public service to support their capability and career
development.
The mobility payment in the tables below will be made as once off lump sum
payments on the dates specified (pro-rata for part-time Employees):
Employees classified under the following classification structures will be paid an
annual lump sum payment as follows:
(a) VPS Classification – Table 1
Table 1: VPS Classification
Grade Value
Range
20 January
2021
1 July 2021 1 July 2022 1 July 2023
VPS 1 1.1 $642 $655 $668 $682
VPS 2
2.1 $757 $772 $788 $803
2.2 $851 $868 $886 $903
VPS 3
3.1 $963 $982 $1,002 $1,022
3.2 $1,056 $1,077 $1,099 $1,121
VPS 4 4.1 $1,222 $1,246 $1,271 $1,297
VPS 5
5.1 $1,373 $1,400 $1,428 $1,457
5.2 $1,503 $1,533 $1,564 $1,595
VPS 6
6.1 $1,781 $1,817 $1,854 $1,891
6.2 $2,039 $2,080 $2,122 $2,165
VPS 7
7.1 $2,318 $2,365 $2,412 $2,461
7.2 $2,566 $2,618 $2,671 $2,724
7.3 $2,815 $2,871 $2,929 $2,988
16.
16.1
16.2
16.3
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Secure Employment
The Employer acknowledges the positive impact that secure employment has on
Employees and the provision of quality services to the Victorian community.
The Employer will give preference to ongoing forms of employment over casual
and fixed term arrangements wherever possible and funding permitting.
Use of Fixed Term Employment
(a) The Employer will not use fixed term contract positions for the purpose of
undermining the job security or conditions of full-time ongoing Employees.
(b) In accordance with the principle set out in clause 17.3(a), the use of fixed
term employment in all areas covered by this Agreement is limited to:
(i) replacement of Employees proceeding on approved leave; or
(ii) meeting fluctuating client and employment needs and unexpected
increased workloads; or
(iii) undertaking a specified task which is funded for a specified period; or
(iv) filling a vacancy resulting from an Employee undertaking a temporary
assignment or secondment; or
(v) temporarily filling a vacancy where, following an appropriate
selection process, a suitable ongoing Employee is not available; or
(vi) filling a vacant role whilst a review of the area is undertaken, provided
that such appointment does not exceed a period of twelve months.
(c) In other than exceptional or unforeseen circumstances, fixed term
appointments to a specific position will be for a maximum of four years,
subject to clause 54 (Parental Leave).
Use of Casual Employment
(a) The Employer will not use casual labour for the purpose of undermining the
job security of ongoing Employees, for the purpose of turning over a series
of casual workers to fill an ongoing employment vacancy or as a means of
avoiding obligations under this Agreement.
(b) In accordance with the principle set out in clause 17.4(a), the employment
of casuals in all areas covered by this Agreement is limited to meeting
short-term work demands or specialist skill requirements which are not
continuing and would not be anticipated to be met by existing Employee
levels.
(c) Casual employment will be for not less than three consecutive hours in any
day worked except:
(i) where the Employee works from home by agreement with the
Employer; or
(ii) with the agreement of the Employee.
17.
17.1
17.2
17.3
17.4
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(d) Except as expressly provided for, all other provisions of this Agreement
apply to casual Employees.
If the Union or affected Employees identify fixed term or casual employment that
is considered not to meet the criteria established in clauses 17.3 or 17.4, the
Union or affected Employees will refer the matter to the Employer. If the Parties
cannot resolve the matter, it will be dealt with under clause 13 (Resolution of
Disputes).
Casual and Fixed Term Audit
The Parties agree that over the life of the agreement the ARBV will:
(a) continue and finalise the audit of the use of casual and fixed term
employment (casual and fixed term audit); and
(b) develop a strategy to maximise the use of ongoing and secure employment
based on the outcomes of the casual and fixed term audit, including a
process for employee conversion to ongoing employment.
Employment Categories and Entitlements
Basis of Employment
Employees may be employed on:
(a) an ongoing basis; or
(b) a fixed term basis; or
(c) a casual basis.
Job Information
(a) As soon as practicable after the commencement of employment, the
Employee will be provided in writing or electronically with details of the
job title, classification level and job statement for their position.
(b) A fixed term Employee must be provided in writing or electronically the
reason for their fixed term employment consistent with clause 17.3.
(c) The Employee will carry out the duties described in the job statement and
such other duties as directed consistent with their skills and classification
descriptors.
(d) The Employer will provide the Employee with a copy of this Agreement and
information regarding the role of Unions and/or Union delegates under the
terms of this Agreement.
(e) The Employer will ensure that an induction process is developed and
maintained for the purpose of educating new Employees about Agency
structures and policies within the framework of employment in the ARBV.
The Employer will ensure that Unions are provided with an opportunity to
explain their role and functions in consultative and dispute resolution
processes provided for under this Agreement.
17.5
17.6
18.
18.1
18.2
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Probationary Period – New Employee
(a) New Employees, other than casual Employees, commence employment on
a probationary basis for a period of six months (the Probationary Period).
(b) In this clause, ‘New Employee’ means an Employee on their commencement
of employment with the ARBV. ‘New Employee’ does not include an
Employee with six months or more immediately preceding continuous
employment in the ARBV.
(c) The Probationary Period of a New Employee is reduced by any period of
continuous employment in the ARBV, immediately preceding the
commencement of employment, including any fixed term employment but
not including casual employment.
(d) Performance during probation
If the Employer identifies conduct or performance issues during the
probationary period, the Employer will counsel the Employee during the
Probationary Period in relation to their conduct or performance and
provide a written record of such counselling to the Employee.
(e) Confirmation of employment
Unless the employment is terminated earlier in accordance with clause
18.3(f), at the completion of the Probationary Period the Employee’s
employment is confirmed.
(f) Termination of Employment
(i) A probationary Employee may resign at any time by giving a minimum
of two weeks written notice to the Employer, or a shorter period that
is agreed with the Employer.
(ii) In the event that the Employee’s conduct or performance during the
Probationary Period is unsatisfactory, the Employer may terminate
the probationary Employee’s employment by giving two weeks’ notice
or two weeks’ pay in lieu of notice.
(iii) Any notice period must be given no later than two weeks’ prior to the
end of the Probationary Period. Alternatively, the Employee’s
employment may be terminated by giving two weeks’ pay in lieu of
notice prior to the end of the Probationary Period.
(iv) A probationary Employee’s employment may be terminated without
notice or payment in lieu of notice if the Employee has committed any
act of serious misconduct (as defined in regulation 1.07 of the Fair
Work Regulations 2009).
(v) An Employee’s absence from work for any period during the
Probationary Period does not inhibit the Employer from terminating
the Employee’s employment under this subclause.
Part-time Employment
18.3
18.4
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(a) Provisions relating to salary, leave and all other entitlements contained
within this Agreement apply to part-time Employees on a pro rata basis
calculated on the number of ordinary hours worked.
(b) Part-time employment is for not less than three consecutive hours in any
day worked except:
(i) if the Employee works from home by agreement with the Employer;
or
(ii) with the agreement of the Employee.
(c) Part-time employment may be worked only by agreement between the
Employee and the Employer, where that agreement includes a roster
specifying:
(i) the days in each fortnight the Employee will work; and
(ii) the start and finish times on the days which the Employee will work;
and
(iii) the number of hours the Employee will work on each day they work;
and
(iv) agreed processes for the variation of hours of work.
(d) Rostered hours agreed under clause 18.4(c) will be considered the
Employee’s ordinary hours.
Usual Place or Places of Work
The Employer must determine a usual place or places of work for an Employee.
The Employer may change an Employee’s usual place or places of work, on either
a temporary or permanent basis, in accordance with this clause.
Termination of Employment
Termination by Employer
Subject to this Agreement the Employer may only terminate the employment of
an Employee for the reasons outlined in section 33 of the PAA.
Notice of termination by Employer
(a) In order to terminate the employment of an Employee, other than a casual
Employee, the Employer must give to the Employee the following notice
period:
Table 2: Notice of termination by Employer
19.
19.1
19.2
20.
20.1
20.2
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Employee’s period of continuous service
with the Employer
Minimum period of
notice
No more than 3 years 2 weeks
More than 3 years 4 weeks
(b) In addition to this notice, Employees over 45 years of age at the time of the
giving of the notice with not less than two years continuous service are
entitled to an additional week’s notice.
(c) Payment in lieu of the notice will be made if the Employer notifies the
Employee that the Employer does not require the Employee to work the
entirety of the applicable notice period. Employment may be terminated by
the Employee working part of the required period of notice and by the
Employer making payment for the remainder of the period of notice.
(d) In calculating any payment in lieu of notice, the Employer will use the salary
an Employee would have received for the ordinary time they would have
worked during the period of notice had their employment not been
terminated.
(e) The period of notice in this clause will not apply to dismissal for serious
misconduct.
Employee Resignation
(a) Unless otherwise agreed by the Employer and an Employee, an Employee
other than a probationary Employee may resign at any time by giving a
minimum of four weeks' written notice to the Employer.
(b) In the event an Employee resigns and elects to leave before serving the
required notice period, the balance of the notice period not served will not
be paid out by the Employer.
Abandonment of Employment
(a) Abandonment of employment is the unapproved absence of an Employee
without reasonable grounds as described in clause 20.4(b).
(b) The Employer is entitled to regard the employment of an Employee as
abandoned if:
(i) the Employee has been absent for more than 20 working days without
the approval of the Employer; and
(ii) the Employee has not provided the Employer with a reasonable
explanation for their absence; and
(iii) the Employer, after having made reasonable inquiries, could not
reasonably be aware of any reasonable grounds for the absence.
(c) Abandonment of employment constitutes grounds for termination by the
Employer if the employment has not otherwise ended.
20.3
20.4
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(d) If the Employer terminates an Employee’s employment due to
abandonment of employment, the Employer will provide notice of
termination or pay in lieu of notice in accordance with clause 20.2.
Statement of Employment
(a) The Employer must, on receipt of a request from an Employee whose
employment will cease or has ceased, provide to the Employee a written
statement specifying the period of their employment and the classification
of or the type of work performed by the Employee.
(b) Where the Employer terminates an Employee's employment, the Employer
must, at the Employee’s request, provide a written statement of the reasons
for dismissal.
Rights Not Limited
This clause does not limit the rights of Employees to pursue any other legal
remedy in respect of termination of employment.
Costs of Employment Related Legal Proceedings
If an Employee is required to attend or participate in a proceeding, hearing,
examination, inquiry or investigative process on matters which arise from the
performance of the Employee’s duties, the Employer must meet the Employee’s
reasonable legal costs relating to the Employee’s appearance and legal
representation in the matter. This includes, but is not limited to, a matter before
a Royal Commission, Independent Broad-based Anti-Corruption Commission,
Ombudsman’s or a Coroner’s inquest.
Where legal proceedings are initiated against an Employee as a direct
consequence of the Employee legitimately and properly performing their duties,
the Employer will not unreasonably withhold agreement to meet the Employee’s
reasonable legal costs relating to the defence of such proceedings.
Where, as a direct consequence of the Employee legitimately and properly
performing their duties, it is necessary to obtain an intervention order or similar
remedy against a person, the Employer will not unreasonably withhold
agreement to meet the Employee’s reasonable legal costs in obtaining the order
or other remedy.
An Employee’s immediate supervisor must ensure that an application to meet
reasonable legal costs will be referred to the appropriate person or body to
enable the application to be decided expeditiously.
This clause does not require the Employer to meet any Employee legal costs
incurred in response to an employment related act, process or decision of the
Employer.
20.5
20.6
21.
21.1
21.2
21.3
21.4
21.5
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Working From Home
Working from home arrangements may be agreed between the Employer and an
individual Employee on a case by case basis.
During the life of the Agreement, the Parties agree that the ARBV will review
working from home arrangements taking into account the experience gained
during the Coronavirus (COVID-19) pandemic.
Redeployment
Redeployment Principles are set out in Schedule A.
Management of Unsatisfactory Work Performance
The purpose of this clause is to:
(a) support Employees with unsatisfactory work performance to improve their
performance to the required standard; and
(b) ensure that unsatisfactory work performance is addressed expeditiously;
and
(c) reflect the public sector values of integrity, impartiality, accountability and
respect with the aim of ensuring that Employees are treated fairly and
reasonably; and
(d) provide a fair and transparent framework for action to be taken where an
Employee continues to perform below the Employer’s expected standard.
Application
(a) Subject to applicable Victorian and federal legislation, action taken by the
Employer in relation to unsatisfactory work performance will be consistent
with this clause.
(b) This clause applies to all Employees except casual Employees and
Employees subject to a probationary period of employment.
Referred unsatisfactory work performance matters
The Employer may at any time elect, where there is reasonable cause, to manage
the Employee’s work performance in accordance with clause 25 (Management
of Misconduct). Once an election has been made by the Employer under this
clause, any matters that have arisen under the process in this clause may be
considered in the process pursuant to clause 25 (Management of Misconduct).
Meaning of unsatisfactory work performance
An Employee’s work performance is unsatisfactory if the Employee fails to
behave in the ways described in the Code of Conduct for Victorian Public Sector
Employees as issued under section 61 of the Public Administration Act 2004 or
perform to the required standards or expectations of their role.
22.
22.1
22.2
23.
24.
24.1
24.2
24.3
24.4
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Procedural fairness to apply
(a) The process for managing unsatisfactory work performance will be
consistent with the principles of procedural fairness.
(b) All parties involved in the process will commit to completing it as quickly as
practicable.
(c) Before commencing formal unsatisfactory work performance processes,
the Employer must:
(i) tell the Employee the purpose of the meeting; and
(ii) provide the Employee with a copy of the formal unsatisfactory work
performance process to be followed as outlined in clause 24.9; and
(iii) provide a reasonable opportunity for the Employee to seek advice
from the Union or a representative of their choice before the
unsatisfactory work performance process commences; and
(iv) allow the Employee the opportunity to provide details of any
mitigating circumstances.
(d) The Employer must take into account any reasonable explanation of any
failure by the Employee to participate before making a decision under this
clause 24.
Employee Representation
An Employee is entitled to be represented by a person of their choice (including
a Union representative) at any stage of the formal review meetings of the
unsatisfactory work performance management process.
Prior to commencing the process
Prior to commencing the formal unsatisfactory work performance process, the
Employer must:
(a) consider organisational or personal factors that play a role in the
Employee’s unsatisfactory work performance and consider alternatives to
the unsatisfactory work performance process to address the problem; and
(b) have a reasonable expectation that the Employee is capable of meeting the
required level of performance. If the Employer and Employee agree that the
Employee is not capable of meeting the required level of performance the
Employer may reassign the Employee to a suitable alternative position
where reasonably practicable. The suitable alternative position may be at a
lower grade should both the Employer and Employee agree.
Commencing the formal unsatisfactory work performance process
Where the Employer considers that informal attempts to address an Employee’s
unsatisfactory work performance have been unsuccessful, the Employer may
proceed to formally manage the Employee’s unsatisfactory work performance in
accordance with, but not limited to, all or some of the following measures:
24.5
24.6
24.7
24.8
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(a) increased supervision; or
(b) changes to the Employee’s performance plan; or
(c) mentoring; or
(d) training and professional development; or
(e) increased feedback; or
(f) coaching; or
(g) performance improvement plan.
At any point after the Employer has identified that informal attempts to address the
employee’s unsatisfactory work performance have been unsuccessful, the Employer
may elect to engage in First Stage Formal Counselling clause 24.9.
First stage – formal counselling
(a) The first stage of formal management of unsatisfactory work performance
is formal counselling of the Employee. The Employer must:
(i) advise the Employee of the unsatisfactory work performance and
confirm the commencement of the formal counselling stage; and
(ii) outline the standard required of the Employee; and
(iii) provide the Employee with an opportunity to respond within a
reasonable timeframe; and
(iv) provide the Employee with an opportunity to improve within a
reasonable timeframe.
(b) The Employee will be advised of the consequences of not improving their
performance within a reasonable period of time and of engaging in any
further unsatisfactory work performance.
(c) A record of the formal counselling session will be placed on the Employee’s
personnel file.
(d) The formal counselling record must indicate:
(i) the standard expected of the Employee; and
(ii) where and how the Employee is not meeting this standard; and
(iii) the consequences if the Employee fails to improve their performance
including that continued or repeated unsatisfactory work
performance may result in termination of the Employee’s
employment.
(e) If the Employer determines that the Employee has met the required
standard of performance during the reasonable timeframe referred to in
clause 24.9(a)(iv) the Employer will notify the Employee that:
24.9
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(i) the formal unsatisfactory work performance process has been
completed; and
(ii) no further action will be taken by the Employer unless the Employee
engages in continued or repeated unsatisfactory work performance,
in which case the formal unsatisfactory work performance process
may continue to the next stage.
A copy of this notification will be placed on the Employee’s personnel file.
Second stage – formal written warning
(a) The Employee will be given a formal written warning by the Employer, if:
(i) the Employee’s performance has not improved within the reasonable
period following formal counselling in accordance with clause
24.9(a)(iv); and/or
(ii) the Employee engages in further unsatisfactory work performance.
(b) The Employer must:
(i) advise the Employee of the unsatisfactory work performance; and
(ii) outline the standard required of the Employee; and
(iii) provide the Employee with an opportunity to respond within a
reasonable timeframe; and
(iv) provide the Employee with an opportunity to improve within a
reasonable timeframe.
(c) The formal written warning must indicate:
(i) the standard expected of the Employee; and
(ii) where and how the Employee is not meeting this standard; and
(iii) the consequences if the Employee fails to improve their performance
including that continued or repeated unsatisfactory work
performance may result in termination of the Employee’s
employment.
(d) The written warning will be placed on the Employee’s personnel file.
(e) If the Employer determines that the Employee has met the required
standard of performance during the reasonable timeframe referred to in
clause 24.10(b)(iv), the Employer will notify the Employee that:
(i) the formal unsatisfactory work performance process has been
completed; and
(ii) no further action will be taken by the Employer unless the Employee
engages in continued or repeated unsatisfactory work performance,
in which case the formal unsatisfactory work performance process
may continue to the next stage.
24.10
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(f) A copy of this notification will be placed on the Employee’s personnel file.
Third stage – final warning
(a) The Employee will be given a final written warning by the Employer if:
(i) the Employee’s performance has not improved within the reasonable
time period following receipt of a formal written warning in
accordance with clause 24.10(b)(iv); or
(ii) the Employee engages in further unsatisfactory work performance.
(b) The Employer must:
(i) advise the Employee of the unsatisfactory work performance; and
(ii) outline the standard required of the Employee; and
(iii) provide the Employee with an opportunity to respond within a
reasonable timeframe; and
(iv) provide the Employee with an opportunity to improve within a
reasonable timeframe.
(c) The final written warning must indicate:
(i) the standard expected of the Employee; and
(ii) where and how the Employee is not meeting this standard; and
(iii) the consequences if the Employee fails to improve their performance
including that continued or repeated unsatisfactory work
performance may result in termination of the Employee’s
employment.
(d) The final written warning will be placed on the Employee’s personnel file.
(e) If the Employer determines that the Employee has met the required
standard of performance during the reasonable timeframe referred to in
clause 24.11(b)(iv), the Employer will notify the Employee that:
(i) the formal unsatisfactory work performance process has been
completed; and
(ii) no further action will be taken by the Employer unless the Employee
engages in continued or repeated unsatisfactory work performance,
in which case the formal unsatisfactory work performance process
may continue to the next stage.
(f) A copy of this notification will be placed on the Employee’s personnel file.
Determination of unsatisfactory work performance outcome
(a) In the event that the Employee’s performance has not improved within the
reasonable time period following the process set out in clauses 24.9 and
24.10 and on receipt by the Employee of the final written warning in
accordance with clause 24.11, the Employer will advise the Employee of
24.11
24.12
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the Employee’s continued or repeated unsatisfactory work performance
and provide the Employee with a reasonable opportunity to respond.
(b) After considering the Employee’s performance and response (including any
failure to respond in accordance with clause 24.12(a), the Employer will
determine the unsatisfactory work performance outcome that is to apply to
the Employee.
(c) The possible outcomes are:
(i) assignment of the Employee with or without their agreement to a role
at a classification level or Value Range lower than the Employee’s
current classification level or Value Range; or
(ii) termination of the Employee’s employment.
(d) The Employer will advise the Employee of the unsatisfactory work
performance outcome in writing and a copy will be placed on the
Employee’s personnel file.
Disputes
Any dispute arising under this clause may only be dealt with in accordance with
clause 13 (Resolution of Disputes) when any of the following are placed on the
Employee’s personnel file in accordance with this clause (this may include
whether clause 24.5 has been complied with in the Employer coming to a
decision):
(a) a record of formal counselling; or
(b) a formal written warning; or
(c) a final written warning; or
(d) a notification given to the Employee pursuant to clauses 24.9(e), 24.10(e)
or 24.11(e); or
(e) a record of unsatisfactory work performance outcome.
Management of Misconduct
The purpose of this clause is to:
(a) establish procedures for managing misconduct or alleged misconduct of an
Employee; and
(b) provide for Employee alleged misconduct to be investigated and addressed
expeditiously and with minimal disruption to the workplace; and
(c) reflect the public sector values of integrity, impartiality, accountability and
respect with the aim of ensuring that Employees are treated fairly and
reasonably; and
24.13
25.
25.1
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(d) manage the Employee’s performance in accordance with this clause 25
instead of clause 24 (Management of Unsatisfactory Work Performance)
where the Employer determines that it would be more appropriate.
Application
(a) Subject to applicable Victorian and federal legislation, action taken by the
Employer in relation to misconduct will be consistent with this clause.
(b) This clause applies to all Employees except casual Employees and
Employees subject to a probationary period of employment.
Meaning of misconduct
For the purposes of this clause, misconduct includes:
(a) a contravention of a provision of the PAA (Vic), the regulations to that Act,
a binding code of conduct or a provision of any statute or regulation that
applies to the Employee in the Employee’s employment; or
(b) improper conduct in an official capacity; or
(c) a contravention, without reasonable excuse, of a lawful direction given to
the Employee as an Employee by a person authorised to give that direction;
or
(d) an Employee making improper use of their position for personal gain; or
(e) an Employee making improper use of information they acquired by virtue
of their position to gain personally, or for anyone else, financial or other
benefits or to cause detriment to the ARBV or the public sector.
Referred matters under clause 24
Any matters that have arisen under the management of unsatisfactory work
performance process in clause 24 may be considered in the misconduct process
pursuant to this clause 25.
Employee representation
An Employee is entitled to be represented by a person of their choice (including
a Union representative) at any stage of the misconduct process.
Procedural fairness to apply
(a) The process for managing Employee misconduct will be consistent with the
principles of procedural fairness.
(b) All parties involved in the misconduct process will commit to completing it
as quickly as practicable.
(c) The Employer will:
(i) advise the Employee of the purpose of any meetings; and
(ii) provide the Employee with a copy of the formal process to be
followed; and
25.2
25.3
25.4
25.5
25.6
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(iii) provide a reasonable opportunity for the Employee to seek advice
from the Union or a representative of their choice at any stage of the
misconduct process; and
(iv) allow the Employee the opportunity to provide details of any
mitigating circumstances.
(d) The Employer must take into account any reasonable explanation of any
failure by the Employee to participate before making a decision under this
clause 25.
Directions
(a) Where Employee misconduct is alleged, the Employer may do any of the
following:
(i) make an initial assessment of the alleged misconduct before
commencing the formal process to determine if an investigation is
required in accordance with clause 25.10; and/or
(ii) determine that it is appropriate to immediately commence an
investigation of the alleged misconduct in accordance with clause
25.10; and/or
(iii) direct the Employee to proceed immediately to perform alternative
duties or work at an alternative place of work; and/or
(iv) direct the Employee not to speak to other Employees of the Employer
about the matter or not to visit certain places of work; and/or
(v) suspend the Employee with pay.
(b) In the event that the Employer suspends the Employee with pay under
clause 25.7(a)(v), the Employer will:
(i) review this decision no later than a date which is four weeks after the
commencement of the suspension; and
(ii) confirm whether the suspension is to continue or is no longer
necessary.
(c) The Employer will continue to review any decision regarding an Employee’s
suspension every four weeks thereafter, until the end of the misconduct
process in accordance with this clause 25.
Advising the Employee
(a) As soon as practicable after an allegation of misconduct has been made and
the Employer has determined in accordance with clause 25.7(a)(i) or
clause 25.7(a)(ii) that an investigation is required, the Employer will
advise the Employee of the alleged misconduct in writing.
(b) The written advice will contain the allegation/s of misconduct made about
the Employee. Relevant information will only be withheld where it is
necessary to withhold that information in order to protect the personal
privacy of any other person consistent with Federal or State legislation.
25.7
25.8
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Admissions by Employee
(a) The Employee may at any stage elect to admit the alleged misconduct.
(b) If the Employee admits the alleged misconduct, the Employer may:
(i) determine that further investigation is required (for example to
investigate partial admissions, mitigating circumstances or other
relevant issues); or
(ii) may proceed immediately to the determination of the misconduct
clause 25.12 by advising the Employee of the proposed discipline
outcome and giving the Employee a reasonable opportunity to
respond to the findings in accordance with clause 25.11.
Investigation of alleged misconduct
(a) Where an investigation is required, the Employer will appoint a person to
conduct an investigation into the alleged misconduct. Where appropriate,
the investigation may be conducted by the Employee’s immediate manager.
The appointed person must not have any prior personal involvement in the
matter.
(b) The Employer will provide the Employee with an opportunity to speak to
the investigator if the Employee wishes to do so.
(c) The investigation may include:
(i) collecting any relevant materials; and
(ii) speaking with the Employee; and
(iii) speaking with any relevant witnesses; and
(iv) providing the Employee with specific particulars to allow the
Employee to properly respond to the alleged misconduct; and
(v) seeking an explanation from the Employee; and
(vi) investigating any explanation made by the Employee for the purposes
of verifying the explanation so far as possible.
(d) In relation to each allegation of misconduct, the investigator will make
findings as to whether:
(i) the allegation is substantiated; or
(ii) the allegation is not substantiated.
(e) Where the investigator makes a finding that an allegation is not
substantiated, which is accepted by the Employer, the misconduct process
will conclude in relation to any such allegation and the Employee will be
informed accordingly.
25.9
25.10
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(f) Where the investigator makes a finding that the allegation is substantiated,
the Employer will consider this information and propose a discipline
outcome.
Opportunity for response by Employee
(a) As soon as practicable after the investigator has made a finding that any
allegation of misconduct is substantiated, the Employee will be provided
with the findings of the investigator and the proposed discipline outcome.
The Employee will be provided with sufficient information to allow them a
reasonable basis to respond.
(b) The Employee will be given a reasonable time to respond to the findings or
the material and the recommended discipline outcome. Any response must
be provided within the above reasonable time.
Determination of discipline outcome
(a) The Employer will consider:
(i) the findings of the investigator; and
(ii) any recommendations as to the appropriate disciplinary outcome;
and
(iii) any response of the Employee (including any admission of misconduct
under clause 25.9); and
(iv) any prior disciplinary outcomes,
and then determine the discipline outcome that is to apply to the Employee.
The discipline outcome must not be disproportionate to the seriousness of
the matter.
(b) The possible discipline outcomes are:
(i) no action; or
(ii) performance management; or
(iii) formal counselling; or
(iv) formal warning; or
(v) final warning; or
(vi) assignment of the Employee with or without their agreement to a role
at a classification level or Value Range lower than the Employee’s
current classification level or Value Range:
• Where no suitable positions are available at the Employee’s
existing work location, the disciplinary outcome may also include
a transfer of the Employee with or without their agreement to a
different work location;
25.11
25.12
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• Where the disciplinary outcome includes a transfer of the
Employee to a different work location, this will not preclude the
Employee from being entitled to payment of any applicable
relocation allowance in accordance under clause 19 (Usual Place
or Places of Work);
(vii) transfer of the Employee with or without their agreement to a
different work location at the Employee’s current classification level
(which will not preclude the Employee being entitled to payment of
any applicable relocation allowance in accordance with clause 19
(Usual Place or Places of Work); or
(viii) termination of employment.
(c) In order to avoid a more severe discipline outcome being applied to an
Employee, the Employer may apply the discipline outcomes listed in clause
25.12(b)(ii) to 25.12(b)(vii)together to form a single disciplinary
outcome.
(d) The Employer will advise the Employee of the discipline outcome in writing
and a copy will be placed on the Employee’s personnel file.
Informing Employee who raised allegation of misconduct
If a process was conducted in accordance with this clause because of an allegation
of misconduct by another Employee, the Employer must advise that Employee
that the allegation has been dealt with in accordance with this clause, and may
provide the Employee with other information as is reasonably practicable.
Disputes
(a) Any dispute arising under this clause may only be dealt with in accordance
with clause 13 (Resolution of Disputes) when any of the following are
placed on the Employee’s personnel file in accordance with this clause (this
may include whether clause 25.6 has been complied with in the Employer
coming to a decision):
(i) a record of formal counselling; or
(ii) a formal written warning; or
(iii) a final written warning; or
(iv) a record of discipline outcome.
(b) Despite clause 25.14(a), a party to a misconduct investigation, may use
clause 13 (Resolution of Disputes) over the application of clause
25.6(b)when:
(i) a misconduct investigation under clause 25.10 has not been
completed within six months of the Employee being advised of alleged
misconduct under clause 25.8, and
(ii) the party considers the delay to be unreasonably caused by the other
party.
25.13
25.14
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Potential criminal conduct
Where alleged misconduct that is the subject of a process in accordance with this
clause 25 is also the subject of a criminal investigation or criminal proceedings,
the Employer is not required to delay or cease the management of misconduct
process under this clause 25 but the Employer may exercise its discretion to do
so.
25.15
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Application
Classification and progression arrangements are set out in clauses 27 and 29 of
this Agreement.
Classifications and Salaries
Positions will be classified within the VPS Structure,
Classifications are divided into Grades and Value Ranges.
Employees will be employed within one of these Grades and Value Ranges based
on work requirements in accordance with the Classification and Value Range
Standard Descriptors at Schedule C to this Agreement.
Clause 27.7 deals with the arrangements for the use of the VPS 1 classification.
Movement Between Value Ranges
(a) Employees and/or positions can move between Value Ranges.
(b) Movement between the Value Ranges can occur following a job resizing
review. The review process includes an assessment of the work the
Employer requires to be undertaken and the performance of that work by
the Employee. These are assessed against the benchmarks specified in the
Classification and Value Range Standard Descriptors as set out in this
Agreement.
Classification and Salary on Appointment
(a) Employees will be appointed to a Grade and Value Range based on work
requirements in accordance with the Classification and Value Range
Standard Descriptors at relevant to the Employee’s role as set out in this
Agreement.
(b) In determining whether to recruit an Employee above the base Salary point
of the relevant Value Range, the Employer will have regard to the following
matters:
(i) an assessment of whether the existing remuneration of the individual
would require paying above the base; and
(ii) for Grades 1 to 4, appointment will be to a Progression Step within the
relevant Value Range; and
(iii) the gender equity effects of appointments.
(c) The gender equity effects of appointments above the base salary point of
the relevant Value Range will be monitored by the Victorian Public Service
Commission over time.
Part 5 Salary and Related Matters
26.
26.1
27.
27.1
27.2
27.3
27.4
27.5
27.6
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VPS 1 Classification
(a) The VPS 1 classification is a training Grade for employees participating in
formal trainee or cadetship programs or other similar VPS wide entry level
employment programs. Employees classified as VPS 1 who are not
participating in a formal employment program of this nature will transition
to the VPS 2 classification.
Gender Equality
Gender Pay Equity Principles
The provisions of this Agreement are to be interpreted consistently with the
following gender pay equity principles:
(a) Establishing equal pay for work of equal or comparable value: Equal or
comparable value refers to work valued as equal in terms of skill, effort,
responsibility and working conditions. This includes work of different
types.
(b) Freedom from bias and discrimination: Employment and pay practices
are free from the effects of unconscious bias and assumptions based on
gender.
(c) Transparency and accessibility: Employment and pay practices, pay rates
and systems are transparent. Information is readily accessible and
understandable.
(d) Relationship between paid and unpaid work: Employment and pay
practices recognise and account for different patterns of labour force
participation by workers who undertake unpaid and/ or caring work.
(e) Sustainability: Interventions and solutions are collectively developed and
agreed, sustainable and enduring.
(f) Participation and engagement: the Parties will work collaboratively to
achieve mutually agreed outcomes.
Meaning of ‘Pay’
In this clause, ‘pay’ refers to remuneration including but not limited to salary,
bonuses, overtime payments, allowances and superannuation.
Commitment to collaborative approach to achieving gender pay equity
The Employer will work collaboratively with Employees and the Union to
identify, support and implement strategies designed to eradicate the gender pay
gap, gender inequality and discrimination across the ARBV.
Claims relating to systemic gender equality issues
(a) A systemic gender equality issue means an issue of a systemic nature within
the Employer, which adversely affects a class or group of employees of the
Employer, relating to:
27.7
28.
28.1
28.2
28.3
28.4
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(i) The gender composition of any or all workforce levels of the
Employer; or
(ii) The gender composition of governing bodies; or
(iii) Equal remuneration for work of equal or comparable value across any
or all workforce levels of the Employer, irrespective of gender; or
(iv) Sexual harassment in the workplace; or
(v) Recruitment and promotion practices in the workplace; or
(vi) Availability and utilisation of terms, conditions and practices in the
workplace relating to family violence leave, flexible working
arrangements and working arrangements supporting Employees with
family or caring responsibilities; or
(vii) Gendered workplace segregation.
(b) The Union and/or a class or group of Employees (Claimant/s) may seek
resolution of a dispute relating to a systemic gender equality issue (Claim)
in accordance with this clause.
(c) A Claim or Claims under this clause must be made in writing to the
Employer.
(d) In the first instance the Claim should include sufficient detail for the
Employer to make a reasonable assessment of the nature of the Claim, the
employees impacted by the Claim and any proposals to resolve the Claim.
(e) The Employer must meet and discuss the Claim with the Claimant prior to
responding to the Claim.
(f) The Employer must respond to the Claim in writing to the Claimant, within
a reasonable time, including enough details in the response to allow the
Claimant to understand the Employer’s response to each element of the
Claim, including reasons why the Claim is accepted or rejected.
(g) If the Claim is unable to be resolved between the Employer and the
Claimant/s, either the Claimant/s or the Employer may refer the Claim to
the Public Sector Gender Equality Commissioner (Commissioner) to deal
with.
(h) In dealing with a Claim, the Commissioner:
(i) Must consider the Gender Pay Equity Principles articulated in clause
28.1 above; and
(ii) Must be objective and free from assumptions based on gender; and
(iii) Must acknowledge that current pre-existing views, conclusions or
assessments of comparable worth or value may not be free of
assumptions based on gender; and
(iv) Must ensure that skills, responsibilities, effort and conditions that are
commonly undervalued such as social and communication skills,
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responsibility for wellbeing of others, emotional effort, cultural
knowledge and sensitivity are considered; and
(v) Must ensure that dispute resolution outcomes consider current or
historical gender-based discrimination and do not further promote
systemic undervaluation. and
(vi) Must deal with the Claim in a manner that is independent of the
Employer or the Claimant; and
(vii) Must consider evidence that the Claim may not be isolated to the
Employer subject to the Claim but may affect Employees from other
public sector employers not covered by this Agreement; and
(viii) May jointly deal with a Claim and any other dispute which has been
referred to the Commissioner which relates to the same or similar
systemic gender equality issues; and
(ix) Must consider the views of the Claimant prior to jointly dealing with
multiple Claims or disputes; and
(x) May otherwise deal with the Claim in any way the Commissioner
considers appropriate, consistent with the requirements of the Gender
Equality Act 2020 (Vic). This can include mediation, conciliation,
making recommendations or offering opinions.
(i) If a Claim is unable to be resolved by the Commissioner, either the Claimant
or the Employer may refer the Claim to the FWC as a dispute of a collective
character for resolution pursuant to clause 13.10 or 13.11.
(j) This clause does not apply to any dispute regarding a matter or matters
arising in the course of bargaining in relation to a proposed enterprise
agreement.
(k) A Claimant or the Employer may choose to be represented at any stage by a
representative, including a Union representative or Employer’s
organisation.
(l) The Claimant and Employer and their representatives must genuinely
attempt to resolve the dispute through the processes set out in this clause
and must cooperate to ensure that these processes are carried out
expeditiously.
(m) Whilst a Claim is being dealt with in accordance with this clause, work must
continue in accordance with usual practice, provided that this does not
apply to an Employee who has a reasonable concern about an imminent risk
to their health or safety, has advised the Employer of this concern and has
not unreasonably failed to comply with a direction by the Employer to
perform other available work that is safe and appropriate for the Employee
to perform. No party will be prejudiced as to the final settlement of the
Claim by the continuance of work in accordance with this clause.
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Gender Equality Action Plans
The Employer will consult with the union in the preparation of Gender Equality
Action Plans under the Gender Equality Act 2020 (VIC).
Performance Development and Progression within a Value
Range
Transitional Arrangement
(a) Architects Registration Board of Victoria Performance Development Plans
agreed between 1 July 2020 and 30 June 2021 will be prepared in
accordance with the performance development and progression
arrangements applying as at 1 July 2020;
(b) The Performance development and progression arrangements outlined this
clause, will operate for the Performance Cycle commencing 1 July 2021.
Performance Cycle and Review
(a) The performance development and review process is the framework within
which an Employee’s performance and development is planned, managed
and reviewed to determine whether an Employee is entitled to Progression
or a Top of Grade or Value Range Payment at the end of the Performance
Cycle.
(b) “Progression” means advancing to the next Progression Step for VPS 1-4
or adding the next progression amount to substantive Salary for VPS 5-7 in
accordance with this clause. Progression Steps and Progression Amounts
are referred to in the final column of clause 1 of Schedule C.
(c) “Top of Grade or Value Range Payment” means the 1 per cent lump sum of
the Employee’s Salary as at 30 June of the Performance Cycle, paid in
accordance with this clause to an Employee at the top of their Grade or
Value Range in lieu of Progression.
(d) The Performance Cycle is twelve months (1 July to 30 June).
(e) All Employees must participate in the performance development and
review process, including in the development of performance development
plans and conduct of performance discussions and reviews.
(f) Employees who refuse to participate in the performance development and
review process will be ineligible for Progression or Top of Grade or Value
Range Payment, unless the Employee’s lack of participation is due to the
Employer’s failure to initiate the performance development process.
(g) The performance development and review process has three formal stages:
28.5
29.
29.1
29.2
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Table 3: Performance development and review process
Stage Description
Commencement of the
Performance Cycle
Employer and Employee agree a performance
development plan outlining:
• the agreed performance goals appropriate to
the Employee’s role; and
• the agreed learning and development goals
required for the Employee’s role and/or to
build the Employee’s professional capacity and
career opportunities.
In addition, the Employee is expected to comply
with the Public Sector Values and Code of Conduct
for Victorian Public Sector Employees.
Collectively these three elements constitute the
Employee’s Progression Criteria. The expected
standard for the setting of Progression Criteria is
outlined in clause 29.3.
Mid-Cycle Performance Review Undertaken around the mid-point of the
Performance Cycle, the Employer and Employee
meet to monitor and assess the Employee’s
performance towards meeting their Progression
Criteria.
End of Cycle Performance
Review
Undertaken at the end of each Performance Cycle
during which the Employee’s performance
throughout the Performance Cycle is assessed to
determine whether they have met the Progression
Criteria.
(h) All Employees can expect informal and formal feedback about their
performance throughout the Performance Cycle from their supervisor or
manager.
Progression Criteria
(a) The Progression Criteria are to be agreed with each Employee at the start
of the Performance Cycle or on the Employee’s commencement in a role.
The Progression Criteria may be adjusted by agreement during the
Performance Cycle.
(b) Progression Criteria should be sufficiently detailed and clear to enable
proper assessment of performance to occur and be consistent with the
Employee’s role, skills, capabilities and the relevant Classification
Descriptors outlined in Schedule C of the Agreement. The expected
capabilities, responsibilities and behaviours appropriate to the role may be
weighed and combined to develop the Progression Criteria.
29.3
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(c) Central to the performance development and review process is the need for
supervisors and managers, in consultation with Employees, to determine
what should, and can, be delivered to warrant Progression through a
combination of increasing capability, productivity, performance and
professionalism. This interaction between managers and Employees gives
authority and integrity to the structure and its sustainability in the long
term.
(d) Setting Progression Criteria
(i) VPS 1 to 4 Classified Employees
For VPS Grades 1 to 4 (or equivalent), Progression Criteria will not be
as onerous as those required for VPS 5 through VPS 7 (or equivalent).
While VPS Grades 3 and 4 (or equivalent) are clearly seen as transition
points to higher levels of management within the structure and carry
additional responsibility, this does not mean work at all lower levels
will not be important and demanding. However, it is expected that in
setting agreed Progression Criteria the overwhelming majority of
persons within Grades 1 to 4 will achieve the objectives and should
move through the Salary points.
(ii) VPS 5 to VPS 7
In setting Progression Criteria for VPS 5 to VPS 7 (or equivalent)
classified Employees it is expected Progression Criteria will:
• include measures of excellence and skill acquisition; and
• be commensurate with the higher level of responsibility
expected of positions of these Grades; and
• be more challenging and difficult to achieve.
(e) Management should facilitate an individual Employee’s ability to undertake
appropriate learning and development. An individual Employee must
actively pursue appropriate learning and development to build professional
capacity and career opportunities.
Progression Steps, Progression Amounts and Top of Grade or Value Range
payment
(a) Within each Value Range of Grades 1 to 4 there are Progression Steps
(expressed Salary points) as detailed in the table at clause 1 of Schedule C.
(b) Within VPS Grades 5 to 7 there are standard Progression Amounts as
detailed in the table at clause 1 of Schedule C. The Progression Amounts
are expressed in terms of dollars and are common to all Employees within
a given Grade/Value Range.
(c) Progression Steps or Amounts within Value Ranges are not points of
defined work value. Progression within the salary structure will not be
automatic, consistent with wage fixing principles.
29.4
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(d) An Employee at the top of their Grade or Value Range who achieves
Progression (as described in clause 29.8), will, in lieu of a Progression Step
or Progression Amount, receive a top of Grade or Value Range Payment
equal to one per cent of the Employee’s Salary as at 30 June of the relevant
Performance Cycle.
Eligibility requirements for Progression or a Top of Grade or Value Range
Payment
(a) Employees are eligible to be considered for a Progression or a Top of Grade
or Value Range Payment unless any of the exclusions in clause 29.5(b)
apply.
(b) An Employee is not eligible to be considered for a Progression or Top of
Grade or Value Range Payment in respect of a Performance Cycle if:
(i) the Employee has been continuously employed in the ARBV for less
than 12 months as at the end of the Performance Cycle; or
(ii) the Employee obtained a promotion to a position at a higher Grade or
Value Range, or otherwise negotiated a salary increase, within the
performance cycle; or
(iii) the Employee was subject to a formal underperformance process
under clause 24 at any time during the Performance Cycle;
(iv) the Employee is subject to proven misconduct as per clause 25 during
the course of the Performance Cycle. If the investigation of alleged
misconduct spans more than one Performance Cycle, the eligibility
exclusion is to be applied in the Performance Cycle in which the
determination of the discipline outcome (under clause 25.12 of the
Agreement) is made. If a misconduct investigation is ongoing but has
not yet concluded the Employee is eligible to be considered for
Progression or Top of Grade or Value Range payment but the
Employer is not precluded from considering matters which have
arisen under clause 25 in assessing whether the Employee has met
their Progression Criteria where it is fair and reasonable to do so.
(c) For the purposes of this clause a promotion does not include any moves to
the next Grade or Value Range:
(i) which resulted in the Employee receiving less than the equivalent of
one progression step or amount, or
(ii) occurred following a job-re-sizing review process conducted under
clause 27.5 (Movement between Value Ranges).
Eligibility requirements for Progression or Top of Grade or Value Range
Payment – Higher Duties
(a) If an Employee has been acting in a higher position for a period of twelve
months at the end of the Performance Cycle and neither clause 29.5(b)(ii),
29.5(b)(iii) or 29.5(b)(iv) apply to the Employee, the Employee will be
eligible to be considered for Progression or a Top of Grade or Value Range
29.5
29.6
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Payment for continued performance of the higher duties beyond
12 months.
(b) If an Employee progresses to the next progression step or amount while
acting in a higher position they will progress to the next Progression Step/
Amount within their substantive Grade (if applicable).
(c) An Employee who has been acting in a higher position for a period of less
than twelve months at the end of the Performance Cycle, may be eligible to
be considered for Progression or a Top of Grade or Value Range payment at
their substantive Grade or Value Range, if they are not otherwise ineligible
because of the operation of clause 29.5.
Progression payments for Employees returning from Primary Caregiver
Parental leave
(a) An Employee is entitled to advance two progression steps or amounts or be
paid two Top of Grade or Value Range payments in the following
circumstances:
(i) The Employee was not considered for Progression or a Top of Grade
or Value Range payment due to the Employee’s absence on a period of
Primary Carer Parental Leave not exceeding 52 weeks; and
(ii) The Employee is otherwise eligible to be considered for Progression
or a Top of Grade or Value Range Payment; and
(iii) The Employee is assessed as meeting progression criteria in the
Performance Cycle in which the Employee returns to work.
(b) Any Progression or Top of Grade or Value Range payment will be processed
by the Employer at the same time as other progression outcomes resulting
for the Performance Cycle following the Employee’s return to work.
(c) An Employee’s absence from work on parental leave for part of a relevant
Performance Cycle must not disadvantage the Employee in the Employer’s
application of the Progression Criteria.
Achieving Progression or Top of Grade or Value Range Payment
(a) Progression between progression steps or amounts or the payment of a Top
of Grade or Value Range payment will occur if the Employee:
(i) meets the eligibility requirements set out in clause 29.5 or clause
29.6(as relevant); and
(ii) is assessed as having met their Progression Criteria at the End of Cycle
Performance Review.
(b) An End of Cycle Performance Review is undertaken at the end of each
Performance Cycle. The Employee’s performance against the Progression
Criteria is assessed by their supervisor or manager at that time.
(c) An Employee will not be disadvantaged where through the Employer’s act
or omission:
29.7
29.8
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(i) learning and development opportunities are not available; or
(ii) a Performance Development Plan is not completed, or
(iii) a Mid-Cycle or End of Cycle Performance Review is not conducted.
(d) Where an Employee is assessed as having not met their agreed Progression
Criteria, the Employee will not obtain Progression or be paid a top of Grade
or Value Range Payment.
Operation of Progression Steps or Amounts or Top of Grade of Value
Range Payment where progression is achieved
(a) Other than as provided for in clause 29.9(b), progression will take effect
backdated to 1 July following the completion of the Performance Cycle to
which the progression relates.
(b) For an Employee who:
(i) has been ineligible to be considered for Progression or Top of Grade
or Value Range payment for a period of 18 months or longer as a result
of the operation of clause 29.5(b)(i) or 29.5(b)(ii); and
(ii) is assessed as having met their Progression Criteria at the end of the
first Performance Cycle in which the employee becomes eligible for
progression after the exclusions prescribed in clause 29.5(b)(i) or
29.5(b)(ii) are complete;
progression will take effect backdated to 1 January in the Performance
Cycle to which the progression relates, or the Employee’s 18 Month Date,
whichever is later.
(c) An Employee’s 18 Month Date for the purposes of clause 29.9(b) is the date
18 months after the Employee commenced employment with the ARBV (if
clause 29.5(b)(i) applies) or the date 18 months from the date of
promotion for the purposes of clause 29.5(b)(ii).
(d) Top of Grade or Value Range payments will be paid as a lump sum processed
by the Employer at the same time as other progression outcomes resulting
for the Performance Cycle following the Employee’s return to work.
Salary Increases
Salary Increases
(a) Employees employed by the Employer at or after the date of
commencement of this Agreement will receive the following Salary
increases:
29.9
30.
30.1
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Table 4: Salary Increases
Date of Effect Percentage Increase
20 March 2020 1.50%
1 December 2020 1.25%
1 September 2021 1.50%
1 June 2022 1.25%
1 March 2023 1.50%
1 December 2023 1.00%
(b) The Salary increases outlined in clause 30.1 are to apply to the salary
ranges set out in clause 1 of Schedule C of this Agreement.
Increases to Salary caps for certain entitlements
Where eligibility for any Employee entitlement is to be calculated by reference to
a rate of pay, then the rate of pay applicable as at date of commencement of this
Agreement will be increased by the same increases and from the same operative
dates as provided for in clause 30.1.
Allowance adjustment
(a) All work and condition allowances in this Agreement will be increased by
the same increases and from the same operative dates as provided for in
clause 30.1.
(b) An exception to this is any allowances or payments which is expressed in
the relevant provision to have been increased based on the annual rates
listed in the relevant table. These annual rates incorporate the Salary
increases for the relevant year.
Casual Employees – Loading
Employees employed on a casual basis will receive a loading of 25 per cent in
addition to the applicable hourly rate of pay as compensation in lieu of any
entitlement to the following benefits:
payment for Public Holidays not worked; and
annual leave and annual leave loading; and
paid parental leave; and
paid compassionate leave; and
paid personal/carer’s leave; and
jury service; and
30.2
30.3
31.
31.1
31.2
31.3
31.4
31.5
31.6
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defence reserve leave; and
accident make-up pay; and
leave to attend rehabilitation programs
Supported Wage System
The conditions which apply to Employees who, because of a disability, are eligible
for a supported wage, are set out in Schedule B.
Payment of Salaries
Salaries, allowances, penalty or overtime payments due to an Employee must be
paid by the Employer by fortnightly electronic direct credit to a bank account,
credit union or building society account nominated by the Employee. In
exceptional circumstances, including significant delays in payment of salary, the
Employer will make provision for off-line payments.
Where a normal payday falls on a Public Holiday the direct credit to the
Employee’s nominated account must be made no later than the last working day
prior to the Public Holiday.
Employees must be provided either in writing or electronically, with details of
each pay regarding the make-up of their remuneration and any deductions.
By agreement with the Employer, the Employee may authorise deductions from
salary for forwarding to superannuation funds.
In the event of an overpayment of salary, allowance, loading or other payment,
the Employer must advise the Employee. Similarly, the Employee must advise the
Employer if they know there has been an overpayment. Where agreement cannot
be reached on a repayment arrangement, the Employer may recover the
overpayment by instalments to be paid in accordance with the Financial
Management Act 1994 (Vic) as amended from time to time or any successor to
that Act.
33.6 Salaries are paid to Employees for the fortnight ending on the Saturday prior to the
week in which the payment is made.
Salary Packaging
An Employee may enter into a salary packaging arrangement with the Employer
using pre-tax salary in respect of superannuation, a novated lease and/or other
approved benefits under State or Federal legislation. In the case of salary sacrifice
to State Government defined benefit superannuation schemes, arrangements
must comply with State legislation.
All costs associated with salary packaging, including the Employer’s reasonable
administrative costs, are to be met from the salary of the participating Employee.
31.7
31.8
31.9
32.
33.
33.1
33.2
33.3
33.4
33.5
34.
34.1
34.2
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Allowances – Work or Conditions
General provisions
Work or conditions allowances will be paid by the Employer subject to the
Employee meeting the requirements for receipt of the allowance as set out in this
clause.
First aid allowance
(a) Where an Employee, in addition to their normal duties, agrees to be
appointed by the Employer to perform first aid duties:
(i) the Employee must hold a current first aid certificate or an equivalent
qualification; and
(ii) the Employee will be paid an annual allowance payable in fortnightly
instalments; and
(iii) this allowance will be as follows:
Table 5: First aid allowance
Date of Effect Amount per Annum
20 March 2020 $647
1 March 2021 $660
1 March 2022 $673
1 March 2023 $686
(b) The Employer must reimburse any additional costs incurred by the
Employee in obtaining and maintaining the first aid qualification.
Higher duties allowance
(a) When does higher duties allowance apply
A higher duties allowance will be paid on a proportional basis where an
Employee is required to undertake all or a significant part of the duties of a
higher classified position (including a position classified at a higher Value
Range) for:
(i) a period longer than five consecutive working days; or
(ii) where the Employee works in the higher classified position on a
regular and systematic basis.
(b) Level of allowance
The level of the allowance shall be in proportion to the extent of the higher
duties performed and shall be calculated on the base of the Grade or Value
Range.
35.
35.1
35.2
35.3
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(c) Leave while performing higher duties
Paid leave taken during a higher duties assignment shall be paid inclusive
of the allowance, provided the Employee resumes the duties of the higher
duties position on their return from leave.
Reimbursement of Expenses
General provisions
(a) The Employer will reimburse the Employee for the Employee’s reasonable
out of pocket expenses actually and necessarily incurred in the course of
their authorised duties.
(b) The Employer must apply the rulings of the Commissioner of Taxation
(Australian Tax Office) relating to reasonable allowances in determining the
maximum rates payable, unless otherwise agreed.
(c) The amount of an expense will be considered reasonable where it does not
exceed the relevant amounts set by the Australian Tax Office as adjusted
from time to time.
Allowable expenses
Allowable expenses include:
(a) travelling, accommodation, meals and other incidental expenses associated
with an overnight absence from home or part day duties away from the
normal work location; and
(b) expenses incurred in using private mobile and home phones in accordance
with clause 36.3; and
(c) expenses incurred in using private vehicles in accordance with clause 36.4.
Private mobile and home phone use
(a) An Employee required to use their private mobile phone or home phone in
the course of their employment will be reimbursed for work-related calls
under their plan.
(b) The Employee must obtain the prior approval of the Employer before using
their private mobile or home phone during the course of their employment.
(c) Following use, the Employee must submit an itemised statement of the calls
made and their cost.
Private motor vehicle use
(a) An Employee, required to use their private motor vehicle in the course of
their employment, will be reimbursed for kilometre costs and any other
motor vehicle reimbursement expenses incurred in the course of the
Employee’s employment and authorised by the Employer.
36.
36.1
36.2
36.3
36.4
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(b) The Employee must obtain the prior approval of the Employer before using
their private motor vehicle during the course of their employment.
(c) Following use, the Employee must submit a declaration stating the date, the
purpose of the trip, the number of kilometres travelled and the type of
vehicle used.
(d) The rates payable in respect of motor kilometre costs will be the rates
determined by the Australian Tax Office from time to time.
Expense claims
(a) The Employer may require an Employee to submit to the Employer official
receipts substantiating allowable expenses incurred by the Employee as
soon as practical after incurring the expense, except where the Employee
uses their own motor vehicle for work purposes in which case the Employee
will submit a declaration in accordance with clause 36.4(c).
(b) A declaration from the Employee that the expense was incurred may be
accepted by the Employer if the official receipt is lost or misplaced, and
suitable verification can be made. A declaration from the Employee that an
incidental expense was incurred may be accepted if the Employer and the
Employee agree that the obtaining of a receipt was impractical.
The Employer will pay the Employee money owing under this clause in a manner
to be agreed between the Employer and Employee as soon as practicable but not
later than two pay periods after the Employee submits a claim.
Upon request, the Employer will provide an advance for the expected costs
associated with work related travel or any other exercise where an Employee is
likely to incur work related expenses. As soon as practicable after the event, the
Employee will provide the Employer with an account of all expenses incurred
together with receipts (and where necessary a statement) together with any
balance owed to the Employer.
Superannuation
Superannuation legislation
(a) Superannuation legislation, including the Superannuation Guarantee
(Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act
1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and
the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the
superannuation rights and obligations of Employers and Employees. Under
superannuation legislation individual Employees generally have the
opportunity to choose their own superannuation fund. If an Employee does
not choose a superannuation fund, any superannuation fund nominated in
the Agreement covering the Employee applies.
(b) The rights and obligations in these clauses supplement those in
superannuation legislation.
36.5
36.6
36.7
37.
37.1
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Employer contributions
The Employer must make such superannuation contributions to a
superannuation fund for the benefit of an Employee, regardless of age, as will
avoid the Employer being required to pay the superannuation guarantee charge
under superannuation legislation with respect to that Employee.
Voluntary Employee contributions
(a) Subject to the governing rules of the relevant superannuation fund, an
Employee may, in writing, authorise their Employer to pay on behalf of the
Employee a specified amount from the post-taxation wages of the Employee
into the same superannuation fund as the Employer makes the
superannuation contributions provided for in clause 37.2.
(b) An Employee may adjust the amount the Employee has authorised their
Employer to pay from the wages of the Employee from the first of the month
following the giving of three months’ written notice to their Employer.
(c) The Employer must pay the amount authorised under clauses 37.3(a) or
37.3(b) no later than 28 days after the end of the month in which the
deduction authorised under clauses 37.3(a) or 37.3(b)was made.
Superannuation fund
Unless, to comply with superannuation legislation, the Employer is required to
make the superannuation contributions provided for in clause 37.2 to another
superannuation fund that is chosen by the Employee, the Employer must make
the superannuation contributions provided for in clause 37.2 and pay the
amount authorised under clauses 37.3(a) or 37.3(b) to one of the following
superannuation funds:
(a) the Employer’s default superannuation fund; or
(b) any superannuation fund to which the Employer was making
superannuation contributions for the benefit of its Employees before 12
September 2008, provided the superannuation fund is an eligible choice
fund and is a fund that offers a MySuper product or is an exempt public
sector superannuation scheme; or
(c) a superannuation fund or scheme which the Employee is a defined benefit
member of.
Employer contributions in respect of Primary Caregiver Parental Leave
(a) An Employee is entitled to have superannuation contributions made in
respect of the period of the Employee’s Primary Caregiver Parental Leave
which occurs on or after 20 January 2021.
(b) The Employer will pay the superannuation contributions as a lump sum to
the Employee’s fund as provided for in clause 37.4.
(c) The lump sum payment will be made on or before the first superannuation
guarantee quarterly payment due date following the Employee’s return to
work at the conclusion of their Primary Caregiver Parental Leave.
37.2
37.3
37.4
37.5
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(d) The quantum of superannuation contributions payable under this clause
will be calculated based on:
(i) The number of weeks of Primary Caregiver parental leave taken by
the Employee, capped at 52 weeks; and
(ii) The Employee’s weekly pay calculated in accordance with clause
54.25 of the Agreement; and
(iii) The applicable contribution rate under the Superannuation
Guarantee Administration Act 1992 (Cth) at the time the payment is
made.
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Hours of Work
The ordinary hours of work for each Employee, except for casual or part-time
Employees, will average 76 (exclusive of meal breaks), to be worked over an
average of no more than ten days per fortnight.
Spread of Hours
(a) Flexible Arrangement of Hours of Work
The ordinary hours of work will, by agreement, be worked flexibly to best
meet both the Employer’s work requirements and the Employee’s personal
and/or family circumstances.
(b) Arrangement of Hours
(i) The actual days and hours of work will be those agreed between the
Employer and the Employee. Either party may seek to alter the days
or hours of duty. Agreement to such alteration must not be
unreasonably withheld, taking into account the personal/ family
circumstances of the Employee, and the work requirements of the
Employer. Disputes over the operation of this clause will be dealt with
under clause 13 (Resolution of Disputes).
(ii) The Employer must not require an Employee to:
• perform ordinary hours of work outside the times of 7.00am to
7.00pm on any weekday (the “span of hours”); or
• perform ordinary hours of work on Saturdays, Sundays or Public
Holidays.
(iii) In determining the days and hours of duty, both the Employer and the
Employee accept that the Employee is eligible to use the flexibility of
these arrangements to take time off by agreement, subject to meeting
the specified leave requirement(s) and not unduly affecting the work
requirements of the Employer. Agreement by the Employer will not
be unreasonably withheld.
Rest and Meal Breaks
Rest periods between periods of duty
(a) Other than in exceptional circumstances, an Employee must not be required
to perform:
(i) a further period of overtime duty; or
(ii) a period of ordinary duty; or
Part 6 Hours of Work and Related Matters
38.
38.1
38.2
39.
39.1
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if:
• either the Employee has not been provided with a ten hour rest period
between the time of completion of one period of duty and the
commencement of the next; or
• the Employee has not been provided with a ten hour rest period
within the preceding 24 hours from the time of the commencement of
the stand-by duty.
(b) The Employer must not make a deduction from normal salary if an
Employee is released from normal duty to enable the Employee to observe
a rest break in clause 39.1(a).
(c) An Employee required to work, as a result of an exceptional circumstance,
during or after a rest period is due, will receive overtime compensation in
accordance with clause 40 for all time worked until a rest period of at least
ten hours continuous duration is taken.
(d) Where at the commencement of the Agreement, Employees currently do not
receive a rest break of at least ten hours, Employers will have six months
from the date of commencement of the Agreement to make the necessary
changes to existing roster practices.
Meal Breaks
(a) The Employer will grant meal breaks at times suitable to operational
requirements, taking into account the wishes of the Employee. The number
and starting and finishing times of meal breaks will be specified.
(b) Except where otherwise permitted by this clause, the Employee will not be
required to work for more than five hours without an unpaid meal break
unless the Employee and the Employer otherwise agree. The length of the
meal interval must be at least thirty minutes.
(c) If for operational or emergency reasons the Employee is required to remain
on duty, they may arrange to take meals during their hours of duty without
a specific meal break.
(d) Where agreement cannot be reached as specified in clause 39.2(b) and the
Employee is required by their supervisor to work through their meal break
in accordance with clause 39.2(c), time in lieu or payment for overtime will
be approved in accordance with this Agreement.
(e) If for operational reasons it is impractical for all Employees within a work
group to observe the same time for the taking of a meal break, meal breaks
may be staggered.
Overtime
Overtime means the hours worked at the prior written direction of the Employer,
which are:
39.2
40.
40.1
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(a) in addition to an Employee’s ordinary daily hours of work on any day
established in accordance with clause 38; or
(b) worked without the provision of a ten-hour rest break in accordance with
clause 39.1 (Rest periods between periods of duty).
Reasonable Hours of Work
(a) Subject to clause 40.2(b) the Employer may require an Employee to work
reasonable overtime at overtime rates.
(b) An Employee may refuse to work overtime in circumstances where the
working of such overtime would result in the Employee working hours
which are unreasonable having regard to:
(i) any risk to the Employee’s health and safety; or
(ii) the Employee’s personal circumstances including family
responsibilities; or
(iii) the needs of the workplace; or
(iv) the notice (if any) given by the Employer of the overtime and by the
Employee of their intention to refuse it; and
(v) any other relevant matter.
Requirement to pay overtime
(a) An Employee who works overtime must be paid at the appropriate
overtime rate specified in clause 40.50.5. Exception is provided at clause
40.4.
(b) An Employee may request that time be granted in lieu of payment. If the
Employer agrees, time in lieu of payment will accrue at the rate specified in
clause 40.6.
Exception
Clause 40.340.3 does not apply to Employees classified as Grade 5 or higher.
Overtime – Rates of payment
(a) Where an Employee is paid for overtime work pursuant to clause 40.33 the
following overtime rates will be paid:
40.2
40.3
40.4
40.5
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Table 6: Overtime – Rates of payment
For overtime work on Overtime rate
(% of ordinary hourly
rate)
Monday to Saturday – first three hours 150%
Monday to Saturday – after 3 hours 200%
Sunday - in all cases except Public
Holidays
200%
Public Holiday or substituted day 250%
(b) The ordinary hourly rate of payment for overtime will be calculated on the
lower of either the Employee’s salary or the lowest pay point within Grade
4.
Overtime – Rate of accrual for time in lieu of payment
Where an Employee is granted time in lieu of payment for overtime work, the
time will accrue on the following basis:
(a) in the case of overtime worked Monday to Friday – on an hour for hour
basis; and
(b) in the case of overtime worked on weekends or Public Holidays – two hours
of time in lieu per hour worked.
How does time in lieu apply
(a) Time in lieu is to be taken at a time mutually agreed. The Employer will
endeavour to permit the Employee to take time in lieu at a time of the
Employee's choosing.
(b) Time in lieu may accumulate to a maximum of 38 hours. Any Employee who
has accumulated 38 hours of time in lieu must be paid overtime for any
additional overtime hours worked.
(c) By agreement, the Employee may convert 38 hours of accrued time in lieu
to one additional week of converted leave, to be taken at a time mutually
agreed. In this case, time in lieu may continue to accrue. Any converted leave
under this clause must be used within 12 months of the conversion date or
will be paid out. By agreement, all or any part of the accumulated converted
leave may be paid out at any time within 12 months of the conversion date.
(d) Upon termination for any reason, the Employee will be paid out any time in
lieu accrued to their credit as if it were time worked.
Overtime – minimum period
Employees must be paid (unless time in lieu is agreed) for a minimum of three
hours when they are either recalled to duty or on stand-alone overtime.
40.6
40.7
40.8
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Overtime – staff working less than 38 hours a week
(a) A part-time Employee must be compensated for overtime in accordance
with clause 40.3 40.5for work performed:
(i) outside the span of hours in clause 38.or
(ii) outside the employee’s agreed hours.
Overtime Meal Payment
(a) An Employee will be eligible to receive an overtime meal payment where an
Employee is paid for overtime work pursuant to clause 40.33 and if the
Employee is required to work a period of overtime which:
(i) is immediately before or after a scheduled period of ordinary duty and
is more than two hours in duration; or
(ii) is a stand-alone period of overtime that is four hours or more in
duration.
(b) The overtime meal payment payable to an Employee is set out below:
Table 7: Overtime Meal Payment
Date of Effect Overtime Meal Payment
20 March 2020 $21.70
1 December 2020 $22.00
1 September 2021 $22.30
1 June 2022 $22.60
1 March 2023 $22.95
1 December 2023 $23.15
(c) The overtime meal payment is not payable where the Employer provides a
meal.
Christmas Closedown
The purpose of this clause is to enable the Employer to closedown part or all of
its operations for the three working days from the first working day after
Christmas Day to the end of the last working day before New Year’s Day (1
January) (closedown period).
Where the Employer intends to closedown part or all of its operations for the
closedown period, the Employer:
(a) will notify relevant Employees in writing of this intention no later than 1
October of the year in which the closedown is to take place; and
40.9
40.10
41.
41.1
41.2
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(b) will request relevant Employees to utilise any accrued time in lieu, annual
leave, substitute leave or additional hours accrued under a flexible working
arrangement; and
(c) may require a minimum level of staffing to meet the operational
requirements of the workplace.
If there are insufficient expressions of interest from relevant Employees to give
effect to the closedown period, the following process will be applied, in order:
(a) the Employer may direct an Employee who has excessive annual leave (as
defined in clause 44.5(b)(i)) to take annual leave during the closedown
period;
(b) the Employer may then direct an Employee with accrued time in lieu or
substitute leave to take that leave during the closedown period.
The Employer will provide at least 4 weeks’ notice of any direction to take leave,
under clause 41.3.
Where an Employee has insufficient leave or time in lieu, the Employer may agree
to temporarily alter the ordinary working arrangements of the Employee to allow
the Employee to bank sufficient time to cover their absence. This clause also
applies to Employees classified at VPS Grade 5 or higher and the equivalent
classifications in an adaptive structure.
Childcare
Where Employees are required by the Employer to work outside their ordinary
hours of work and where less than 24 hours’ notice of the requirement to perform
such overtime work has been given by the Employer, the Employee will be
reimbursed for reasonable childcare expenses incurred. Evidence of expenditure
incurred by the Employee must be provided to the Employer as soon as possible
after the working of such overtime.
41.3
41.4
41.5
42.
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Leave of Absence – General
Standard day for approved leave purposes
For each day that an Employee is absent on approved leave, the hours of work for
the purposes of such entitlements shall be taken as 7.6 hours. Where an
alternative arrangement of days and hours is worked leave shall be debited on
the basis of the actual hours to be worked on the day of the leave.
Leave entitlements for Employees in receipt of workers compensation
payments
(a) An Employee, absent from work and in receipt of workers’ compensation
payments is entitled to:
(i) take and accrue annual and personal leave, and.
(ii) accrue long service leave for the first twelve months the Employee is
absent from work in accordance with clause 61.5(c).
Annual Leave
Entitlement to annual leave
An Employee, other than a casual Employee, is entitled to four weeks’ paid annual
leave for each year of employment. The entitlement accrues on an hourly basis.
Taking of accrued annual leave
(a) An Employee may only take the leave they have accrued, unless otherwise
provided in this clause or agreed.
(b) Annual leave entitlements must be taken by the end of the calendar year
following the calendar year in which they are accrued and at a time
convenient to the needs of the Employer and Employee. By agreement
between the Employer and the Employee, leave may be deferred beyond
that date. Unless otherwise agreed, the Employee may be directed to take
leave, in accordance with clause44.6.
(c) An Employee may request that the whole or any the part of their annual
leave be taken at half pay for a period equal to twice the period to which
Employee would otherwise be entitled.
(d) The Employer will consider operational requirements and the needs of the
Employee when assessing applications for annual leave at half pay.
Approval will not be unreasonably withheld.
Payment whilst on annual leave
(a) Subject to clause 44.3(b), each Employee who takes annual leave is entitled
to be paid in addition to their salary an annual leave allowance at the rate
Part 7 Leave of Absence and Public Holidays
43.
43.1
43.2
44.
44.1
44.2
44.3
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of 17.5 per cent of the Employee’s salary for the period of annual leave
including leave credited under clause Error! Reference source not found. or
Error! Reference source not found.;
(b) The maximum allowance payable under clause 44.3(a) will not exceed an
amount calculated in respect of a salary at the top of Grade 4.
Payment of accrued annual leave entitlement upon termination
An Employee, who, upon retirement, resignation or termination of employment,
has an outstanding annual leave entitlement, will be paid an amount equal to the
unused annual leave entitlement and any unpaid annual leave allowance. Any
annual leave allowance payable pursuant to this clause 44.4 shall be calculated
in accordance with clause 44.3.
Excessive Annual Leave Accruals
This clause contains provisions additional to the NES about taking paid annual
leave, to deal with excessive paid annual leave accruals.
(a) Dealing with annual leave accruals by agreement
Where an Employee’s accrued annual leave entitlement has not been taken
by the end of the calendar year following the calendar year in which it
accrued, the Employer and Employee must genuinely try to agree upon
steps that will be taken to reduce or eliminate that leave accrual. This
agreement must be attempted before the Employer can direct that leave be
taken under clause 44.5(b)(ii) or an Employee can give notice of leave to
be granted under clause 44.5(c)(ii).
(b) Employer may direct that excessive annual leave be taken
(i) An Employee has an excessive annual leave accrual if the Employee
has accrued more than eight weeks’ paid annual leave;
(ii) Where the Employer has an excessive annual leave accrual (and
agreement has not been reached under clause 44.5(a)), the Employer
may give a written direction to the Employee to take a period or
periods of paid annual leave. Such a direction must not:
• result in the Employee’s remaining accrued entitlement to paid
annual leave at any time being less than six weeks (taking into
account all other paid annual leave that has been agreed, that the
Employee has been directed to take or that the Employee has given
notice of under clause 44.5(c)(ii); or
• require the Employee to take any period of leave of less than one
week; or
• require the Employee to take any period of leave commencing less
than eight weeks after the day the direction is given to the
Employee; or
44.4
44.5
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• require the Employee to take any period of leave commencing
more than 12 months after the day the direction is given to the
Employee; or
• be inconsistent with any leave arrangement agreed between the
Employer and Employee.
(iii) An Employee to whom a direction has been given under this clause
may make a request to take paid annual leave as if the direction had
not been given.
(iv) The Employer must not unreasonably refuse to agree to a request by
the Employee to take paid annual leave.
(v) If leave is agreed after a direction is issued and the direction would
then result in the Employee’s remaining accrued entitlement to paid
annual leave at any time being less than six weeks, the direction will
be deemed to have been withdrawn.
(vi) The Employee must take paid annual leave in accordance with a
direction complying with this clause.
(c) Employee may require that leave be granted
(i) This clause 44.5(c) applies if an Employee has had an excessive
annual leave accrual for more than six months and the Employer has
not given a direction under clause 44.5(b)(ii) that will eliminate the
Employee’s excessive leave accrual.
(ii) If agreement is not reached under clause 44.5(a), the Employee may
give a written notice to the Employer that the Employee wishes to take
a period or periods of paid annual leave. Such a notice must not:
• result in the Employee’s remaining accrued entitlement to paid
annual leave at any time being less than six weeks (taking into
account all other paid annual leave that has been agreed, that the
Employee has been directed to take or that the Employee has given
notice of under this clause); or
• provide for the Employee to take any period of leave of less than
one week; or
• provide for the Employee to take any period of leave commencing
less than eight weeks after the day the notice is given to the
Employer; or
• provide for the Employee to take any period of leave commencing
more than 12 months after the day the notice is given to the
Employer; or
• be inconsistent with any leave arrangement agreed between the
Employer and Employee.
(iii) The maximum amount of leave that an Employee can give notice of
under this clause is four weeks’ leave in any 12 month period;
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(iv) The Employer must grant the Employee paid annual leave in
accordance with a notice complying with this clause.
(d) Disputes in relation to the operation of clause 44.5
A dispute in relation to the operation of this clause may be dealt with in
accordance with clause 13 (Resolution of Disputes).
Cashing Out of Annual Leave
Annual leave must not be cashed out except in accordance with this clause.
The Employer and an Employee may agree to the Employee cashing out a
particular amount of the Employee’s accrued annual leave provided that the
following requirements are met:
(a) the cashing out of a particular amount of accrued annual leave must be by
agreement between the Employer and the Employee which must:
(i) be in writing and retained as an Employee record; and
(ii) state the amount of accrued leave to be cashed out and the payment
to be made to the Employee; and
(iii) state the date on which the payment is to be made; and
(iv) be signed by the Employer and Employee and, if the Employee is
under 18 years of age, the Employee’s parent or guardian;
(b) the Employee must be paid at least the full amount that would have been
payable to the Employee had the Employee taken the leave at the time that
it is cashed out;
(c) annual leave must not be cashed out if the cashing out would result in the
Employee’s remaining accrued entitlement to annual leave being less than
four weeks; and
(d) an Employee may only cash out annual leave on one occasion during the
term of this Agreement.
Purchased Leave
An Employee may, with the agreement of the Employer, work less than 52 weeks
per year. Access to this entitlement may only be granted on application from an
Employee and cannot be required as a precondition for employment.
An Employee can only make an application under this clause where the Employee
does not have an excessive annual leave accrual (as defined in clause 44.5(b)(i)).
Where an Employee, with an excessive annual leave accrual, wishes to make an
application under this clause, the extent of the Employee’s excessive annual leave
accrual and any plans the Employee has to take some or all of their accrued
annual leave entitlements in conjunction with any approved purchased leave
45.
45.1
45.2
46.
46.1
46.2
46.3
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arrangement, will be considered by the Employer in assessing the Employee’s
application for purchased leave.
Where the Employer and an Employee agree on an employment arrangement
under clause 46.1, the annual salary applicable to an Employee relative to the
additional leave purchased will be as follows:
Table 8: Purchased Leave
Proportion of annual
salary applicable
under Schedule C
Number of additional
weeks of purchased
leave
Total amount of leave
(purchased and
annual leave)
44/52 weeks Additional 8 weeks’ leave 12 weeks in total
45/52 weeks Additional 7 weeks’ leave 11 weeks in total
46/52 weeks Additional 6 weeks’ leave 10 weeks in total
47/52 weeks Additional 5 weeks’ leave 9 weeks in total
48/52 weeks Additional 4 weeks’ leave 8 weeks in total
49/52 weeks Additional 3 weeks’ leave 7 weeks in total
50/52 weeks Additional 2 weeks’ leave 6 weeks in total
51/52 weeks Additional 1 weeks’ leave 5 weeks in total
(a) The above does not preclude an Employee and the Employer from agreeing
to a similar type of arrangement that would provide an Employee with
additional converted leave of more than eight weeks.
(b) The Employee will receive a salary equal to the period worked (e.g. 46
weeks, 49 weeks) which will be spread over a 52 week period.
(c) The accrual of personal/carer’s leave and long service leave by the
Employee shall remain unchanged. No leave loading is applicable to the
additional leave. Leave loading is calculated on the reduced salary amount.
The Employer will endeavour to accommodate Employee requests for
arrangements under this clause subject to operational requirements. Where such
requests are granted, the Employer will make proper arrangements to ensure
that the workloads of other Employees are not unduly affected and that excessive
overtime is not required to be performed by other Employees as a result of these
arrangements.
An Employee may revert to ordinary 52 week employment by giving the
Employer no less than four weeks’ written notice. Where an Employee so reverts
to 52 week employment, appropriate pro rata salary adjustments will be made.
All purchased leave is on a calendar year basis. The dates for the proposed
additional leave should be submitted to the relevant manager before approval
prior to the commencement of the arrangement.
46.4
46.5
46.6
46.7
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All purchased leave must be taken during the 12 month period for which the approval
was given.
Infectious Diseases
Upon report by a Registered Medical Practitioner that by reason of contact with
a person suffering from an infectious disease and through the operation of
restrictions imposed by law in respect of such disease, an Employee is unable to
attend work, the Employer may grant the Employee special leave of absence with
pay. The period of leave must not be for any period beyond the earliest date at
which it would be practicable for the Employee to return to work having regard
to the restrictions imposed by law.
Dangerous Medical Conditions
Where the Employer reasonably believes that the Employee is in such state of
health as to render the Employee a danger to other Employees, themselves or
other persons, the Employer may require the Employee to absent themselves
from the workplace until the Employee obtains and provides to the Employer a
report from a Registered Medical Practitioner. Upon receipt of the medical report,
the Employer may direct the Employee to be absent from duty for a specified
period or, if already on leave, direct such Employee to continue on leave for a
specified period. Any absence under this clause must be taken as personal/carer’s
leave or leave without pay.
Public Holidays
All Employees (except casual Employees) will be entitled to be absent from work
on the following Public Holidays without deduction of pay where the Public
Holiday occurs on a day the Employee would normally work:
(a) New Year’s Day, Good Friday, Easter Saturday, Easter Sunday, Easter
Monday, Christmas Day (25 December), Boxing Day, Australia Day, Anzac
Day, Queen’s Birthday, Labour Day, the Friday before the Australian
Football League Grand Final and Melbourne Cup Day.
Prescribed substitute and additional public holidays
(a) Christmas Day (25 December)
(i) When Christmas Day (25 December) is a Saturday an additional
holiday will be observed on the next Monday.
(ii) When Christmas Day (25 December) is a Sunday, an additional holiday
will be observed on the next Tuesday.
(b) Boxing Day
(i) When Boxing Day is a Saturday an additional holiday will be observed
the next Monday.
46.8
47.
48.
49.
49.1
49.2
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(ii) When Boxing Day is a Sunday, an additional holiday will be observed
on the next Tuesday.
(c) New Year’s Day
When New Year’s Day is a Saturday or a Sunday, an additional holiday will
be observed on the next Monday.
(d) Australia Day
When Australia Day is a Saturday or a Sunday, a holiday in lieu will be
observed on the next Monday.
Additional or Substituted Public Holidays
Where in the whole or part of the State of Victoria, additional or substituted
Public Holidays are declared or prescribed on days other than those set out in
clauses 49.1 and Error! Reference source not found., those days shall constitute
additional or substituted holidays for the purpose of this Agreement for
Employees who have their place of principal employment in a municipality to
which the additional or substituted Public Holiday applies.
Substitution of Public Holiday
An Employee may by agreement with the Employer substitute another day for
any prescribed in this clause to observe religious or cultural occasions or like
reasons of significance to the Employee.
Personal/ Carer’s Leave
Definitions
In this clause:
Assistance Animal means an animal formally trained to assist a person with a
disability to alleviate the effect of their disability. This includes
(a) a guide dog for people with vision impairment, or
(b) hearing dogs for people with hearing impairment, or
(c) assistance dogs for people with a physical disability, or
(d) medical alert animals that help people before and during a medical
emergency, or
(e) psychiatric service animals that help people with a mental illness, or
(f) any other animal agreed by the Employer or to which an Assistance Animal
Pass granted by the Department of Transport applies.
Assistance Animal does not include a pet, companion or therapy animals.
Registered Practitioner means one of the following: Aboriginal and Torres
Strait Islander health practitioner, Chinese medicine practitioner, Chiropractor,
Dental care practitioner, Medical practitioner, Medical Radiation Practitioner,
49.3
49.4
50.
50.1
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Nurse practitioner, Midwife, Occupational Therapist, Optometrist, Osteopath,
Pharmacist, Physiotherapist, Podiatrist, Psychologist or any other profession
registered under the Health Practitioner Regulation National Law (Victoria) Act
2009.
Paid personal/carer’s leave
(a) An Employee, other than a casual Employee, is entitled to paid
personal/carer’s leave when they are absent because of:
(i) personal illness or injury; or
(ii) personal illness or injury of an Employee’s Immediate Family,
household member or Assistance Animal who requires the
Employee's care or support; or
(iii) an unexpected emergency affecting an Employee’s Immediate Family,
household member or Assistance Animal, or
(iv) attendance at a medical appointment with a Registered Practitioner,
subject to clause 50.6.
Amount and Accrual of Paid Personal/Carers Leave
(a) A full time Employee is entitled to paid personal/carer’s leave of 114 hours
per year.
(b) A part-time Employee is entitled to a pro-rata amount of paid
personal/carer’s leave based on the part-time Employee’s hours of work.
(c) The Employer will not apply the provisions of this clause in a manner which
is inconsistent with the NES.
(d) Leave will be credited on commencement of employment and subsequently
on the anniversary date of the Employee’s employment.
(e) Employees appointed for a fixed-term period will accrue on a pro-rata basis
paid personal/carer’s leave according to length of their service.
(f) Leave without pay will not count as service for personal/carer’s leave
accrual purposes.
(g) Unused paid personal/carer’s leave accumulates from year to year.
(h) Accrued personal/carer’s leave will not be paid out on termination of
employment.
Payment for Personal Carers Leave
The Employer will pay an Employee for Personal/Carers Leave they take at the
ordinary hourly rate of pay they would have received had they been at work.
Note: This means that a full time or part-time employee who takes one full day of
personal carers leave will be paid 7.6 hours. An employee who takes leave on a day
where they work more than 7.6 hours will be paid the hours they would have been
paid had they been at work. A part-time employee working less than the equivalent
50.2
50.3
50.4
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of a full-time day will be paid for the hours they would have been paid had they been
at work.
How leave is deducted from leave balance
(a) It is the intent of the Parties that full-time equivalent Employees receive 15
days paid personal carers leave per annum irrespective of the length of their
ordinary hours of work. Clause 50.5(b)is intended to give effect to that
intent
(b) For full-time Employees and part-time Employees who work the
equivalent of a full-time day
(i) The Employer will deduct leave from the Employee’s leave balance at a
nominal value of 7.6 hours for each day of Personal/Carer leave taken,
irrespective of the actual ordinary hours worked on the day;
(ii) Where the Employee is absent on paid personal/carer’s leave for part
of a day, the following formula determines the number of hours the
Employer will deduct from the Employee’s leave balance for that
absence:
𝑁𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 ℎ𝑜𝑢𝑟𝑠 𝑜𝑓 𝑝𝑒𝑟𝑠𝑜𝑛𝑎𝑙/𝑐𝑎𝑟𝑒𝑟𝑠 𝑙𝑒𝑎𝑣𝑒 𝑡𝑎𝑘𝑒𝑛
𝐸𝑚𝑝𝑙𝑜𝑦𝑒𝑒′𝑠 𝑜𝑟𝑑𝑖𝑛𝑎𝑟𝑦 ℎ𝑜𝑢𝑟𝑠 𝑜𝑓 𝑤𝑜𝑟𝑘 𝑜𝑛 𝑡ℎ𝑒 𝑑𝑎𝑦
× 7.6
(c) For part-time employees who work less than the equivalent of a full-
time day
Part-time employees who work part-days which are less than the relevant
full-time equivalent shift will have their leave deducted by the hours they
would have worked on that day had they been at work.
Personal Leave for medical appointments
(a) An Employee may access their accrued Personal/Carer’s Leave to attend a
medical appointment with a Registered Practitioner when the appointment
cannot be reasonably scheduled outside the Employee’s working hours.
(b) The Employee must provide notice in accordance with clause 50.8 and
evidence in accordance with clause 50.9(a). Approval will not be
unreasonably refused having regard to the Employer’s operational
requirements, the needs of the Employee and the amount of notice provided
by the Employee.
(c) Attendance at routine medical appointments may, by agreement with the
Employer, also be facilitated through flexible working arrangement (such
as agreement to make up the time taken to attend medical appointments)
as an alternative to using accrued Personal/Carers Leave.
Personal/Carer’s leave at half pay
(a) In exceptional circumstances, an Employee may be granted approval to
convert any or all of their accrued paid personal/carer’s leave entitlement
50.5
50.6
50.7
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to half pay for a period equal to twice the period to which the Employee
would otherwise be entitled.
(b) Approval of half-pay personal/carer’s leave will only be granted in relation
to an absence of 4 weeks or more.
(c) To be eligible for personal/carer’s leave at half pay under this clause, the
Employee must comply with all notice and documentary evidence
requirements stipulated in this clause.
Notice
An Employee must give the Employer notice of the taking of personal/ carer’s
leave under this clause. The notice:
(a) must advise the Employer of the period, or expected period, of the leave;
and
(b) must be given to the Employer as soon as practicable, which may be a time
after the personal/carer’s leave has started.
Evidence Requirements
(a) Personal leave
The Employee must provide the Employer with a medical certificate or
evidence of attendance at a medical appointment from a Registered
Practitioner to be paid personal leave.
(b) Carer’s leave
(i) The Employee must provide the Employer with appropriate
documentary evidence to be paid carers leave.
(ii) The form of evidence required by the Employer will depend on the
circumstances of the carer’s leave request. This may include:
• a medical certificate from a Registered Practitioner, or
• evidence from a registered veterinary practitioner (in the
case of an Assistance Animal), or
• a statutory declaration stating that the condition of the
person or Assistance Animal concerned requires the
Employee’s care or support, or
• other relevant documentary evidence.
(iii) Additional evidentiary requirements for an Assistance Animal
• The Employer may require the Employee to provide
appropriate documentary evidence that states the
Assistance Animal is within the definition of an Assistance
Animal at clause 50.1.
50.8
50.9
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• The form of evidence may include an accreditation
certificate, proof of training or a statutory declaration
stating the animal is an Assistance Animal.
Exceptions
(a) In each year of employment, the following exceptions apply to the evidence
requirements in clause 50.9:
(i) An Employee may take up to an aggregate of 5 days or equivalent
pro-rata amount accrued personal/carer’s leave in each year of
employment, without having to provide the Employer with the
documentary evidence required by clause 50.9.
(ii) Despite clause 50.10(a)(i) an Employee must provide appropriate
evidence to the Employer as set out in clause 50.9for any absence
which is for a continuous period exceeding 3 days.
(b) If an Employee cannot reasonably provide documentary evidence from a
Registered Practitioner for Personal Leave, the Employee may provide a
statutory declaration. The statutory declaration must state why the
Employee was unable to attend a Registered Practitioner and the reason
why they were unable to attend work. A statutory declaration can only be
used for single day absences, on no more than three non-consecutive
occasions.
(c) Despite clause 50.10(a), the Employer may require that an Employee
provide appropriate documentary evidence in accordance with clause
50.9.
Further documentary evidence
(a) The Employer may require that an Employee provide a further medical
certificate from an independent Registered Practitioner from a relevant
specialisation where an Employee has been on personal leave for at least
six weeks and has a medical certificate indicating on-going need for
personal leave. The Employee will select a Registered Practitioner from a
list of at least three Registered Practitioners nominated by the Employer.
The nominated Registered Practitioners will not include a Registered
Practitioner employed by the Employer. If it is not possible for the Employer
to nominate three appropriately specialised Registered Practitioners, the
Employer may provide fewer than three Registered Practitioners for the
Employee to select from.
(b) The Employer may require that an Employee provide further documentary
evidence to the satisfaction of the Employer where an Employee has been
on carer’s leave for at least two weeks including evidence stating that the
condition of the person concerned requires the continued care or support
of the Employee.
Evidence to facilitate return to work
If the Employee has been on personal leave for at least six weeks the Employer
may request that the Employee obtain other documentary evidence from the
50.10
50.11
50.12
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Employee’s treating Registered Practitioner for the purposes of determining
when the Employee can return to work and any reasonable adjustments that may
be necessary in the workplace.
Employee’s incapacity to undertake duties
If the Employer has a genuine concern about an Employee’s capacity to undertake
their duties, the Employer may require that the Employee provide a medical
report from an independent Registered Practitioner from a relevant
specialisation. The Employee will select a Registered Practitioner from a list of at
least three Registered Practitioners nominated by the Employer. The nominated
Registered Practitioners will not include a Registered Practitioner employed by
the Employer. If it is not possible for the Employer to nominate three
appropriately specialised Registered Practitioners, the Employer may provide
fewer than three Registered Practitioners for the Employee to select from.
Failure to provide relevant evidence
Failure by the Employee to provide documentary evidence as required by the
Employer within a reasonable period of time may render the Employee ineligible
for payment for personal/carer’s leave.
Absence on Public Holidays
If the period during which an Employee takes paid personal/carer’s leave
includes a day or part-day that is a Public Holiday in the place where the
Employee is based for work purposes, the Employee is taken not to be on paid
personal/carer’s leave on that Public Holiday.
Unpaid personal leave
An Employee who has exhausted all paid personal/carer’s leave entitlements
may, take unpaid personal leave with the consent of the Employer. The Employer
will require that the Employee provide documentary evidence to support the
unpaid personal leave to the satisfaction of the Employer.
Unpaid carer’s leave
(a) An Employee who has exhausted all paid personal/carer’s leave
entitlements may take unpaid carer’s leave to provide care or support in the
circumstances outlined in clauses 50.2(a)(ii) or 50.2(a)(iii) providing the
Employee complies with the notice and evidence requirements outlined in
clause 50.9(b). The Employer and the Employee will agree on the period
of unpaid leave. In the absence of agreement, the Employee may take up to
two days unpaid carer’s leave per occasion.
(b) Alternatively, the Employee may, with the consent of the Employer, elect to
work make-up time, under which the Employee takes time off during
ordinary hours and works those hours at a later time during the Employee’s
spread of ordinary hours.
Casual Employees – Caring responsibilities
(a) Casual Employees may be unavailable to attend work or may be required to
leave work if they need to care for members of their Immediate Family,
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50.14
50.15
50.16
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household or Assistance Animal who are sick and require care and support,
or who require care due to an unexpected emergency, or the birth of a Child.
(b) The Employer and a casual Employee will agree on the period for which the
casual Employee may be unavailable to attend work. In the absence of
agreement, a casual Employee is permitted to be absent from work for up
to two days per occasion. A casual Employee is not entitled to any payment
for the period of non-attendance.
(c) A casual Employee must comply with the notice and evidence requirements
outlined in this clause 500.
Family Violence Leave
General Principles
(a) The Employer recognises that Employees sometimes face situations of
violence or abuse in their personal life that may affect their attendance or
performance at work. Therefore, the Employer is committed to providing
support to Employees that experience family violence.
(b) Leave for family violence purposes is available to Employees who are
experiencing family violence to allow them to be absent from the workplace
to attend counselling appointments, legal proceedings and other activities
related to, and as a consequence of, family violence.
(c) The supports and paid or unpaid leave provided under this clause do not
extend to perpetrators (or alleged perpetrators) of family violence.
Definition of Family Violence
Family violence includes physical, sexual, financial, verbal or emotional abuse by
a family member as defined by the Family Violence Protection Act 2008 (Vic).
Eligibility
(a) Leave for family violence purposes is available to all Employees with the
exception of casual Employees.
(b) Casual Employees are entitled to access leave without pay for family
violence purposes. The Employer may use their discretion to grant paid
leave to a casual Employee experiencing family violence under clause 69
(Other Leave) of the Agreement on a case by case basis.
General Measures
(a) Evidence of family violence may be required and can be in the form of an
agreed document issued by the Police Service, a Court, a registered health
practitioner, a Family Violence Support Service, district nurse, maternal and
health care nurse or Lawyer. A signed statutory declaration can also be
offered as evidence.
(b) All personal information concerning family violence will be kept
confidential in line with the Employer’s policies and relevant legislation. No
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information will be kept on an Employee’s personnel file without their
express written permission.
(c) No adverse action will be taken against an Employee if their attendance or
performance at work suffers as a result of experiencing family violence.
(d) The Employer’s Human Resources staff will be the Family Violence contacts
within the workplace.
(e) An Employee experiencing family violence may raise the issue with their
immediate supervisor, union delegate or nominated Human Resources
contact. The immediate supervisor may seek advice from Human Resources
if the Employee chooses not to see the Human Resources contact.
(f) Where requested by an Employee, the Employer’s Human Resources
contact will liaise with the Employee’s manager on the Employee’s behalf,
and will make a recommendation on the most appropriate form of support
to provide in accordance with clause 51.5 and clause 51.6.
(g) The Employer will develop guidelines to supplement this clause and which
details the appropriate action to be taken in the event that an Employee
reports family violence.
Leave
(a) An Employee experiencing family violence will have access to up to 20 days
per calendar year of paid special leave for medical appointments, legal
proceedings and other activities related to family violence (this leave is not
cumulative but if the leave is exhausted consideration will be given to
providing additional leave). This leave will be in addition to existing leave
entitlements and may be taken as consecutive or single days or as a fraction
of a day and can be taken without prior approval.
(b) An Employee who supports a person experiencing family violence may
utilise their personal/carer’s leave entitlement to accompany them to court,
to hospital, or to care for children. The Employer may require evidence
consistent with clause 51.4(a) from an Employee seeking to utilise their
personal/carer’s leave entitlement.
Individual Support
(a) In order to provide support to an Employee experiencing family violence
and to provide a safe work environment to all Employees, the Employer will
approve any reasonable request from an Employee experiencing family
violence for:
(i) temporary or ongoing changes to their span of hours or pattern or
hours and/or shift patterns; or
(ii) temporary or ongoing job redesign or changes to duties; or
(iii) temporary or ongoing relocation to suitable employment; or
(iv) a change to their telephone number or email address to avoid
harassing contact; or
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(v) any other appropriate measure including those available under
existing provisions for family friendly and flexible work
arrangements.
(b) Any changes to an Employee’s role should be reviewed at agreed periods.
When an Employee is no longer experiencing family violence, the terms and
conditions of employment may revert back to the terms and conditions
applicable to the Employee’s substantive position.
(c) An Employee experiencing family violence will be offered access to the
Employee Assistance Program (EAP) and/or other available local Employee
support resources. The EAP shall include professionals trained specifically
in family violence.
(d) An Employee that discloses that they are experiencing family violence will
be given information regarding current support services.
Military Service Sick Leave
Where the Employer is satisfied that an illness of an Employee with at least six
months paid continuous service is directly attributable to, or is aggravated by,
service recognised under the Veterans’ Entitlements Act 1986 (Cth), including
operational service, peacekeeping service or hazardous service, the Employee
will be credited with 114 hours special leave with pay for each year of service
with the ARBV from the conclusion of the Employee’s operational, peacekeeping
or hazardous service.
Leave under this clause will be cumulative to a maximum of 760 hours.
This leave is in addition to personal leave under clause 500.
The Employer may require the Employee to provide evidence of the existence of
the illness and its relationship to service from a Registered Practitioner as
specified in clause 50.9(a).
For each period of special leave taken, the Employee must comply with the notice
and evidence requirements outlined in clause 500.
Compassionate Leave
Amount of compassionate leave
(a) An Employee, other than a casual Employee, is entitled to up to three days
paid compassionate leave on each occasion when a member of the
Employee's Immediate Family or a member of the Employee’s household:
(i) contracts or develops a personal illness that poses a serious threat to
their life; or
(ii) sustains a personal injury that poses a serious threat to their life; or
(iii) dies,
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52.2
52.3
52.4
52.5
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each of which constitutes a permissible occasion for the purposes of this
clause 533.
(b) An Employee may take compassionate leave for a particular permissible
occasion if the leave is taken:
(i) to spend time with the member of the Employee’s Immediate Family
or household who has contracted or developed a personal illness or
sustained a personal injury referred to in clause 53.1(a); or
(ii) after the death of a member of the Employee’s Immediate Family or
household referred to in clause 53.1(a).
(c) An Employee is not required to take compassionate leave in respect of a
permissible occasion consecutively.
(d) Compassionate leave will not accrue from year to year and will not be paid
out on termination of the employment of the Employee.
Payment for Compassionate Leave (other than for casual Employees)
An Employee, other than a casual Employee, who takes paid compassionate leave,
is entitled to be paid at their Salary for ordinary hours of work in the period in
which the compassionate leave is taken.
Unpaid Compassionate Leave
(a) An Employee, including a casual Employee may take unpaid compassionate
leave by agreement with the Employer.
(b) In addition to the other provisions of this clause, Employees of Aboriginal
or Torres Strait Islander descent may be granted paid and unpaid leave in
relation to the death of a member of their Immediate Family or extended
family in accordance with clause 59.4.
Notice and Evidence Requirements
(a) An Employee who is taking compassionate leave under this clause must give
notice to the Employer “as soon as practicable” (which may be at a time after
the compassionate leave has started) and must advise the Employer of the
period, or expected period, of the compassionate leave.
(b) An Employee must provide the Employer with satisfactory evidence to
support the taking of compassionate leave. Satisfactory evidence may
include a medical certificate from a Registered Practitioner (as that term is
defined in clause 50.1, a statutory declaration or other relevant
documentary evidence to the reasonable satisfaction of the Employer.
(c) The Employee is not entitled to compassionate leave under this clause
unless the Employee complies with the evidence and notice requirements
set out in this clause.
Other significant family or personal connections
An Employee may, at the discretion of the Employer, be granted compassionate
leave with or without pay when a person with a significant family or personal
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connection to the Employee, but who is not a member of the Employee’s
Immediate Family (as defined in clause 2) or household, dies or sustains a
personal illness or injury that poses a serious threat to that person’s life.
Parental Leave
Application
(a) Eligible Employees are entitled to parental leave under this clause if the
leave is associated with:
(i) the birth of a Child of the Employee, the Employee’s Spouse or the
Employee’s legal surrogate or the placement of a Child with the
Employee for adoption; and
(ii) the Employee has or will have a responsibility for the care of the Child.
(b) An Employee currently on parental leave (excluding an Employee on
Extended Family Leave under clause 54.33) is not required to return to
work in order to access a further period of parental leave under this clause.
Definitions
For the purposes of this clause:
(a) Eligible Employee means:
(i) a full time or part-time Employee, whether employed on an ongoing
or fixed term basis, or
(ii) a Long Term Casual Employee who has, but for accessing parental
leave under this clause, a reasonable expectation of continuing
employment by the Employer on a regular and systematic basis.
(b) Continuous Service is work for the Employer on a regular and systematic
basis (including any period of authorised leave) and any period of
Recognised Prior Service (as defined in clause 54.2(g)).
(c) Child means:
(i) in relation to birth-related leave, a child (or children from a multiple
birth) of the Employee or the Employee’s Spouse or the Employee’s
legal surrogate; or
(ii) in relation to adoption-related leave, a child (or children) who will be
placed with an Employee, and:
• who is, or will be, under 16 as at the day of placement, or the
expected day of placement;
• has not, or will not have, lived continuously with the Employee for
a period of 6 months or more as at the day of placement, or the
expected day of placement; and
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• is not (otherwise than because of the adoption) a child of the
Employee or the Employee’s Spouse.
(d) Primary Caregiver means the person who takes primary responsibility for
the care of a newborn or newly adopted Child. The Primary Caregiver is the
person who meets the Child's physical needs more than anyone else. Only
one person can be a Child's Primary Caregiver on a particular day.
(e) Secondary Caregiver means a person who has parental responsibility for
the Child but is not the Primary Caregiver.
(f) Spouse includes a de facto spouse, former spouse or former de facto spouse.
The Employee’s de facto spouse means a person who lives with the
Employee as husband, wife or same sex partner on a bona fide domestic
basis, whether or not legally married to the Employee.
(g) Recognised Prior Service means any service immediately prior to the
Employee’s employment with the Employer, where the Employee was
employed:
(i) by a public entity under the PAA;
(ii) under Part 6 of the PAA; or
(iii) as a parliamentary officer or electorate officer under the
Parliamentary Administration Act 2005 (Vic);
Summary of Parental Leave Entitlements
(a) The entitlements are summarised in the table below: Table 9: Parental
Leave Entitlements
Paid leave Unpaid leave Total
Primary Caregiver
More than 3 months
Continuous Service
16 weeks Up to 36
weeks
52 weeks
Less than 3 months
Continuous Service
0 Up to 52
weeks
52 weeks
Long Term Casual Employee 0 Up to 52
weeks
52 weeks
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Paid leave Unpaid leave Total
Secondary Caregiver
More than 3 months
Continuous Service
4 weeks Up to 48
weeks
52 weeks
More than 3 months
Continuous Service and
takes over the primary
responsibility for the care of
the Child within first 78
weeks
An
additional
12 weeks
Up to 36
weeks
52 weeks
Less than 3 months
Continuous Service
0 Up to 52
weeks
52 weeks
Long Term Casual Employee 0 Up to 52
weeks
52 weeks
Pre-natal leave
Pregnant employee 38 hours
Spouse 7.6 hours
Pre-adoption leave
More than 3 months
Continuous Service
2 days
Permanent Care Leave
More than 3 months
Continuous Service
16 weeks Up to 36
weeks
52 weeks
Less than 3 months
Continuous Service
0 Up to 52
weeks
52 weeks
Grandparent Leave
Grandparent Leave 0 Up to 52
weeks
52 weeks
Parental Leave – Primary Caregiver
(a) An Eligible Employee, who has, or will have, completed at least three
months paid Continuous Service and who will be the Primary Caregiver at
the time of the birth or adoption of their Child, is entitled to up to 52 weeks
parental leave, comprising:
(i) 16 weeks paid parental leave; and
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(ii) up to 36 weeks unpaid parental leave.
(b) An Eligible Employee who will be the Primary Caregiver, who has not
completed at least three months paid Continuous Service at the time of the
birth or adoption of their Child, or a Long Term Casual Employee, is entitled
to up to 52 weeks unpaid parental leave.
(c) Only one parent can receive Primary Caregiver parental leave entitlements
in respect to the birth or adoption of their Child. An Employee cannot
receive Primary Caregiver parental leave entitlements:
(i) if their Spouse is, or will be, the Primary Caregiver at the time of the
birth or adoption of their Child, or
(ii) if their Spouse has received, or will receive, paid parental leave,
primary caregiver entitlements, or a similar entitlement, from their
employer; or
(iii) if the Employee has received, or will receive, Secondary Caregiver
parental leave entitlements in relation to their Child.
Parental Leave – Secondary Caregiver
(a) An Eligible Employee who has, or will have, completed at least three months
paid Continuous Service and who will be the Secondary Caregiver at the
time of the birth or adoption of their Child, is entitled to up to 52 weeks
parental leave, comprising:
(i) 4 weeks paid parental leave; and
(ii) 12 weeks Additional paid Secondary Caregiver parental leave, subject
to the conditions in clause 54.6, and
(iii) unpaid parental leave to bring the total available paid and unpaid
leave to 52 weeks.
(b) An Eligible Employee who will be the Secondary Caregiver, and has not
completed at least three months paid Continuous Service at the time of the
birth or adoption of their Child, or a Long Term Casual Employee is entitled
to up to 52 weeks unpaid parental leave.
(c) Only one parent can receive Secondary Caregiver parental leave
entitlements in respect to the birth or adoption of their Child.
(d) An Employee cannot receive Secondary Caregiver parental leave
entitlements where the Employee has received Primary Caregiver parental
leave entitlements in relation to their Child.
Additional paid leave for Secondary Caregiver
(a) A Secondary Caregiver is entitled to up to an additional 12 weeks’ paid leave
within the first 78 weeks of the date of birth or adoption of the Child
provided that:
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(i) the Secondary Caregiver assumes primary responsibility for the care
of a child, by meeting the Child's physical needs more than anyone
else; and
(ii) the Secondary Caregiver’s spouse is not concurrently taking primary
responsibility for the care of the Child or receiving paid parental leave,
primary caregiver entitlements or a similar entitlement from their
employer.
(b) To access additional paid leave, the Employee must have been eligible for
paid Secondary Caregiver leave at the time of birth or adoption of their
Child, irrespective of when the Employee elects to take the paid leave under
this clause.
Pre-Natal Leave
(a) A pregnant Employee will have access to paid leave totalling up to 38 hours
per pregnancy to enable the Employee to attend routine medical
appointments associated with the pregnancy.
(b) An Employee who has a Spouse who is pregnant will have access to paid
leave totalling up to 7.6 hours per pregnancy to enable the Employee to
attend routine medical appointments associated with the pregnancy.
(c) The Employee is required to provide a medical certificate from a registered
medical practitioner confirming that the Employee or their Spouse is
pregnant. Each absence on pre-natal leave must also be covered by a
medical certificate.
(d) The Employer should be flexible enough to allow the Employee the ability
to leave work and return on the same day.
(e) Paid pre-natal leave is not available to casual Employees.
Pre-adoption leave
(a) An Employee seeking to adopt a Child is entitled to two days paid leave for
the purpose of attending any compulsory interviews or examinations as are
necessary as part of the adoption procedure.
(b) An Employee seeking to adopt a Child may also access further unpaid leave.
The Employee and the Employer should agree on the length of any unpaid
leave. Where agreement cannot be reached, the Employee is entitled to take
up to two days unpaid leave.
(c) Where accrued paid leave is available to the Employee, the Employer may
require the Employee to take such leave instead of taking unpaid leave
under this sub-clause.
(d) The Employer may require the Employee to provide satisfactory evidence
supporting the leave.
(e) The Employer should be flexible enough to allow the Employee the ability
to leave work and return on the same day.
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(f) Paid pre-adoption leave is not available to casual Employees.
Permanent Care Leave
An Employee will be entitled to access parental leave in accordance with this
clause at a time agreed with the Employer if they:
• are granted a permanent care order in relation to the custody or
guardianship of a Child pursuant to the Children, Youth and Families Act
2005 (Vic) (or any successor to the legislation) or a permanent parenting
order by the Family Court of Australia, and
• will be the Primary or Secondary Caregiver for that Child.
Grandparent Leave
An Employee, who is or will be the Primary Caregiver of a grandchild, is entitled
to a period of up to 52 weeks’ continuous unpaid grandparent leave in respect of
the birth or adoption of the grandchild of the Employee.
Access to parental leave for an Employee whose Child is born by surrogate
An Employee whose Child is born through a surrogacy arrangement which
complies with Part 4 of the Assisted Reproductive Treatment Act 2008 (Vic) (or
successor instrument), is eligible to access the parental leave entitlements
outlined in clause 555.
Continuing to work while pregnant
(a) The Employer may require a pregnant Employee to provide a medical
certificate stating that the Employee is fit to work their normal duties where
the Employee:
(i) continues to work within a six week period immediately prior to the
expected date of birth of the Child; or
(ii) is on paid leave under clause 54.14(b).
(b) The Employer may require the Employee to start parental leave if the
Employee:
(i) does not give the Employer the requested certificate within seven
days of the request; or
(ii) gives the Employer a medical certificate stating that the Employee is
unfit to work.
Personal/Carer’s Leave
A pregnant Employee, not then on parental leave, who is suffering from an illness
whether related or not to the pregnancy, may take any paid and/or unpaid
personal/carer’s leave in accordance with clause 500.
54.9
54.10
54.11
54.12
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Transfer to a Safe Job
(a) Where an Employee is pregnant and, in the opinion of a registered medical
practitioner, illness or risks arising out of the pregnancy or hazards
connected with the work assigned to the Employee make it inadvisable for
the Employee to continue at their present work, the Employee will, if the
Employer deems it practicable, be transferred to a safe job with no other
change to the Employee’s terms and conditions of employment until the
commencement of parental leave.
(b) If the Employer does not think it to be reasonably practicable to transfer the
Employee to a safe job, the Employee may take No Safe Job Paid Leave, or
the Employer may require the Employee to take no safe job paid leave
immediately for a period which ends at the earliest of either:
(i) when the Employee is certified unfit to work during the six week
period before the expected date of birth by a registered medical
practitioner; or
(ii) when the Employee’s pregnancy results in the birth of a living child or
when the Employee’s pregnancy ends otherwise than with the birth of
a living child.
(c) The entitlement to No Safe Job Paid Leave is in addition to any other leave
entitlement the Employee has.
Special Parental Leave
Where the pregnancy of an Employee not then on parental leave terminates other
than by the birth of a living Child, the Employee may take leave for such periods
as a registered medical practitioner certifies as necessary, as follows:
(a) where the pregnancy terminates during the first 20 weeks, during the
certified period/s the Employee is entitled to access any paid and/or unpaid
personal/carer’s leave entitlements in accordance with clause 50
(b) where the pregnancy terminates after the completion of 20 weeks, during
the certified period/s the Employee is entitled to paid special maternity
leave not exceeding the amount of paid parental leave available under
clause 54.3 and thereafter, to unpaid special maternity leave.
Notice and evidence requirements
(a) An Employee must give at least 10 weeks written notice of the intention to
take parental leave, including the proposed start and end dates. At this time,
the Employee must also provide a statutory declaration stating:
(i) that the Employee will become either the Primary Caregiver or
Secondary Caregiver of the Child, as appropriate; and
(ii) the particulars of any parental leave taken or proposed to be taken or
applied for by the Employee’s Spouse; and
(iii) that for the period of parental leave the Employee will not engage in
any conduct inconsistent with their contract of employment.
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(b) At least four weeks before the intended commencement of parental leave,
the Employee must confirm in writing the intended start and end dates of
the parental leave, or advise the Employer of any changes to the notice
provided in clause 54.16(a), unless it is not practicable to do so.
(c) The Employer may require the Employee to provide evidence which would
satisfy a reasonable person of:
(i) for birth-related leave, the date of birth of the Child (including without
limitation, a medical certificate stating the date of birth or expected
date of birth); or
(ii) for adoption-related leave, the commencement of the placement (or
expected day of placement) of the Child and that the Child will be
under 16 years of age as at the day of placement or expected day of
placement.
(d) An Employee will not be in breach of this clause if failure to give the
stipulated notice is occasioned by confinement or the placement occurring
earlier than the expected date or in other compelling circumstances. In
these circumstances the notice and evidence requirements of this clause
should be provided as soon as reasonably practicable.
Commencement of parental leave
(a) An Employee who is pregnant may commence Primary Caregiver parental
leave at any time within 16 weeks prior to the expected date of birth of the
Child. In all other cases, Primary Caregiver parental leave commences on
the day of birth or placement of the Child.
(b) Secondary Caregiver parental leave may commence up to one week prior to
the expected birth or placement of the Child. Where a Secondary Caregiver
takes additional paid leave in accordance with clause 54.6, the additional
leave will commence on the date the Employee takes on primary
responsibility for the care of a Child.
(c) The Employer and Employee may agree to alternative arrangements
regarding the commencement of parental leave.
(d) The period of parental leave for the purpose of calculating an Employee’s
maximum entitlement to paid and unpaid parental leave will commence
from the date parental leave commences or otherwise no later than the date
of birth of the Child, irrespective of when the Employee elects to use any
paid entitlements they may have under this clause.
Rules for taking parental leave entitlements
(a) Parental leave is to be available to only one parent at a time, except parents
may take up to eight weeks leave concurrently with each other, comprising
any paid leave to which the Employee may be eligible for under clause 54.3
or unpaid, in connection with the birth or adoption of their Child
(Concurrent Leave).
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(i) Concurrent Leave may commence one week prior to the expected date
of birth of the Child or the time of placement in the case of adoption.
(ii) Concurrent leave can be taken in separate periods, but each block of
concurrent leave must not be less than 2 weeks, unless the Employer
otherwise agrees.
(b) While an Employee’s eligibility for parental leave is determined at the time
of birth or adoption of the Child, the Employee and Employer may agree to
permit the Employee to use the paid leave entitlements outlined in this
clause at any time within the first 52 weeks of parental leave, or where an
extension is granted under clause 54.23(b), within the first 78 weeks
where clause 54.6 is invoked or otherwise the first 104 weeks.
(c) Parental leave does not need to be taken in a single continuous period. The
Employer and Employee will agree on the duration of each block of parental
leave. The Employer will consider their operational requirements and the
Employee’s personal and family circumstances in considering requests for
parental leave in more than one continuous period. Approval of such
requests will not be unreasonably refused.
Using other accrued leave in conjunction with Parental Leave
An Employee may in lieu of or in conjunction with parental leave, access any
annual leave or long service leave entitlements which they have accrued subject
to the total amount of leave not exceeding 52 weeks or a longer period as agreed
under clause 54.23(b).
Public holidays during a period of paid parental leave
Where a Public Holiday occurs during a period of paid parental leave, the Public
Holiday is not to be regarded as part of the paid parental leave and the Employer
will grant the Employee a day off in lieu, to be taken by the Employee immediately
following the period of paid parental leave.
Effect of unpaid parental leave on an Employee’s continuity of
employment
Other than provided for in clause 611 (Long Service Leave), unpaid parental
leave under clauses 54.4, 54.5, 54.23 and 54.29 shall not break an Employee’s
continuity of employment but it will not count as service for leave accrual or other
purposes.
Keeping in touch days
(a) During a period of parental leave, the Employer and Employee may agree to
perform work for the purpose of keeping in touch in order to facilitate a
return to employment at the end of the period of leave.
(b) Keeping in touch days must be agreed and be in accordance with section
79A of the FW Act.
54.19
54.20
54.21
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Extending parental leave
(a) Extending the period of parental leave where the initial period of
parental leave is less than 52 weeks
(i) An Employee, who is on an initial period of parental leave of less than
52 weeks under clause 54.4 or 54.5, may extend the period of their
parental leave on one occasion up to the full 52 week entitlement.
(ii) The Employee must notify the Employer in writing at least four weeks
prior to the end date of their initial parental leave period. The notice
must specify the new end date of the parental leave.
(b) Right to request an extension to parental leave beyond the initial 52-
week period to a maximum of 104 weeks
(i) An Employee who is on parental leave under clause 54.4 or 54.5 may
request an extension of unpaid parental leave for a further period of
up to 12 months immediately following the end of the current parental
leave period.
(ii) In the case of an Employee who is a member of a couple, the period of
the extension cannot exceed 12 months, less any period of parental
leave that the other member of the couple will have taken in relation
to the Child.
(iii) The Employee’s request must be in writing and given to the Employer
at least 4 weeks before the end of the current parental leave period.
The request must specify any parental leave that the Employee’s
Spouse will have taken.
(iv) The Employer shall consider the request having regard to the
Employee’s circumstances and, provided the request is based on the
Employee’s parental responsibilities, may only refuse the request on
reasonable business grounds.
(v) The Employer must not refuse the request unless the Employer has
given the Employee a reasonable opportunity to discuss the request.
(vi) The Employer must give a written response to the request as soon as
practicable, and no later than 21 days after the request is made. The
response must include the details of the reasons for any refusal.
Total period of parental leave
(a) The total period of parental leave, including any extensions, must not
extend beyond 24 months.
(b) In the case of a couple both in the employ of the Employer, the total period
of parental leave for both parents combined, including any extensions, must
not extend beyond 24 months. The Employee’s entitlement to parental
leave under clause 54.4 or 54.5 will reduce by the period of any extension
taken by a member of the couple under clause 54.23.
Calculation of pay for the purposes of parental leave
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(a) The calculation of weekly pay for paid parental leave purposes will be based
on the Employee’s average number of ordinary hours over the past three
years from the proposed commencement date of parental leave (Averaging
Period).
(b) Where an Employee has less than three years of service the Averaging
Period will be their total period of service in the ARBV.
(c) The calculation will exclude any of the following periods which fall during
the Averaging Period:
(i) periods of unpaid parental leave, and
(ii) any time worked at a reduced time fraction in order to better cope
during pregnancy, and
(iii) authorised unpaid leave for an unforeseen reason beyond the
Employee’s control, and
(iv) time worked at a reduced time fraction on returning to work after a
period of parental leave under clause 54.30(c).
(d) For the purposes of clause 54.25(c)(iii), an ‘unforeseen reason beyond the
Employee’s control’ may include, for example, a personal illness or injury
suffered by the Employee, or the care or support of an ill or injured
Immediate Family or household member by the Employee. But would not
include leave taken for lifestyle or personal reasons, career breaks or leave
to undertake other employment.
(e) The average number of weekly hours, determined in accordance with
clause 54.25(a) above, will be then applied to the annual Salary applicable
to the Employee’s classification and salary point at the time of taking
parental leave to determine the actual rate of pay whilst on parental leave.
Half Pay
The Employee may elect to take any paid parental leave entitlement at half pay
for a period equal to twice the period to which the Employee would otherwise be
entitled.
Employer Superannuation contributions in respect of Primary Caregiver
Parental Leave
An Employee who returns to work at the conclusion of a period of Primary
Caregiver Parental Leave will be entitled to have superannuation contributions
made in respect of the period of the Employee’s Primary Caregiver Parental
Leave, subject to requirements in clause 37.5(Superannuation).
Effect of parental leave on progression for Primary Caregivers
An Employee who returns to work at the conclusion of a period of Primary
Caregiver Parental Leave may be entitled to Progression Steps or Amounts
forgone as a result of being on parental leave in accordance with clause 29
(Performance Development Progression).
54.26
54.27
54.28
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Commonwealth Paid Parental Leave
Paid parental leave entitlements outlined in this clause are in addition to any
payments which may be available under the Commonwealth Paid Parental Leave
Scheme.
Returning to Work
(a) Returning to work early
(i) During the period of parental leave an Employee may return to work
at any time as agreed between the Employer and the Employee,
provided that time does not exceed four weeks from the
recommencement date desired by the Employee.
(ii) In the case of adoption, where the placement of an eligible Child with
an Employee does not proceed or continue, the Employee will notify
the Employer immediately and the Employer will nominate a time not
exceeding four weeks from receipt of notification for the Employee’s
return to work.
(b) Returning to work at conclusion of leave
(i) At least four weeks prior to the expiration of parental leave, the
Employee will notify the Employer of their return to work after a
period of parental leave.
(ii) Subject to clause 54.30(b)(iii), an Employee will be entitled to the
position which they held immediately before proceeding on parental
leave. In the case of an Employee transferred to a safe job pursuant to
clause 54.14 above, the Employee will be entitled to return to the
position they held immediately before such transfer.
(iii) Where such position no longer exists but there are other positions
available which the Employee is qualified for and is capable of
performing, the Employee will be entitled to a position as nearly
comparable in status and pay to that of their former position.
(c) Returning to work at a reduced time fraction
(i) To assist an Employee in reconciling work and parental
responsibilities, an Employee may request to return to work at a
reduced time-fraction until their Child reaches school age, after which
the Employee will resume their substantive time-fraction.
(ii) Where an Employee wishes to make a request under clause
54.30(c)(i) such a request must be made as soon as possible but no
less than seven weeks prior to the date upon which the Employee is
due to return to work from parental leave.
Lactation breaks
(a) Employees cannot be discriminated against for breastfeeding or
chestfeeding or expressing milk in the workplace.
54.29
54.30
54.31
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(b) An Employee who wishes to continue breastfeeding or chestfeeding after
returning to work from a period of parental leave or keeping in touch days,
may take reasonable time during working hours without loss of pay to do
so.
(c) Paid lactation breaks are in addition to normal meal and rest breaks
provided for in this Agreement.
Consultation and Communication during Parental Leave
(a) Where an Employee is on parental leave and a definite decision has been
made to introduce significant change at the workplace, the Employer shall
take reasonable steps to:
(i) make information available in relation to any significant effect the
change will have on the status or responsibility level of the position
the Employee held before commencing parental leave; and
(ii) provide an opportunity for the Employee to discuss any significant
effect the change will have on the status or responsibility level of the
position the Employee held before commencing parental leave.
(b) The Employee shall take reasonable steps to inform the Employer about any
significant matter that will affect the Employee’s decision regarding the
duration of parental leave to be taken, whether the Employee intends to
return to work and whether the Employee intends to request to return to
work on a part-time basis.
(c) The Employee shall also notify the Employer of changes of address or other
contact details which might affect the Employer’s capacity to comply with
clause 54.32(a).
Extended Family Leave
(a) An Employee who is the Primary Caregiver and has exhausted all parental
leave entitlements may apply for unpaid Extended Family Leave as a
continuous extension to their parental leave taken in accordance with this
clause. The total amount of leave, inclusive of parental leave taken in
accordance with this clause cannot exceed seven years from the
commencement date of parental leave.
(b) The Employee must make an application for Extended Family Leave each
year.
(c) An Employee will not be entitled to paid parental leave whilst on Extended
Family leave.
(d) Upon return to work the Employer may reallocate the Employee to other
duties.
Replacement Employees
(a) A replacement Employee is an Employee specifically engaged or
temporarily acting on higher duties or transferred, as a result of an
Employee proceeding on parental leave.
54.32
54.33
54.34
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(b) Before the Employer engages a replacement Employee the Employer must
inform that person of the temporary nature of the employment and of the
rights of the Employee who is being replaced.
(c) The limitation in clause 17.3 on the use of fixed term employment to
replace the Employee does not apply in this case.
Casual Employees
The Employer must not fail to re-engage a casual Employee because the
Employee has accessed parental leave in accordance with this clause. The
rights of the Employer in relation to engagement and re-engagement of casual
Employees are not affected, other than in accordance with this clause.
Surrogacy Leave
Entitlement to Leave
An Employee (excluding a Casual Employee) who has completed at least three
months paid Continuous Service, who enters into a formal surrogacy
arrangement on or after 20 January 2021, which complies with Part 4 of the
Assisted Reproductive Treatment Act 2008 (Vic), as the surrogate, is entitled to
access the following leave entitlements:
(a) Pre-Natal leave in accordance with clause 54.7of the Agreement, and
(b) six weeks of paid leave
Continuing to work while pregnant
(a) A pregnant employee acting as the surrogate as part of a formal surrogacy
arrangement wanting to work during the six weeks before the birth may be
asked to provide a medical certificate stating they are fit for work and
whether there are any risks in connection to their duties.
(b) An Employee who fails to provide a requested medical certificate within
seven days or provides one which states they are unfit for work may be
required to commence surrogacy leave.
Transfer to safe job
(a) If an Employee provides a medical certificate stating they are fit for work
but it is inadvisable for the Employee to continue in their present duties
because of risks or illness the Employee is entitled to be transferred to an
appropriate safe job that has the same, or other agreed ordinary hours of
work with no other changes to the Employee’s terms and conditions.
(b) If no appropriate safe job is available the Employee is entitled to take paid
or unpaid (if not eligible for parental leave) ‘No Safe Job Leave’.
Commencement of Surrogacy Leave
(a) An Employee who is pregnant as a result of acting as a surrogate may
commence paid Surrogacy Leave at any time within 6 weeks prior to the
54.35
55.
55.1
55.2
55.3
55.4
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expected date of birth of the Child. Otherwise the period of parental leave
must commence no later than the date of birth of the Child, unless agreed
with the Employer.
(b) Unless otherwise agreed, any entitlement to paid surrogacy leave will be
paid from the date of commencement of Surrogacy Leave.
Surrogacy Leave and other entitlements
An Employee may access, in conjunction with Surrogacy Leave, any other paid or
unpaid entitlements available under this Agreement with the approval of the
Employer.
Personal/Carer’s Leave
A pregnant Employee, not then on Surrogacy Leave, who is suffering from an
illness whether related or not to the pregnancy, may take any paid and/or unpaid
personal/carer’s leave in accordance with clause 500.
Special Surrogacy Leave
(a) Where the pregnancy of an Employee not then on parental leave terminates
other than by the birth of a living child, the Employee may take leave for
such periods as a registered medical practitioner certifies as necessary, as
follows:
(i) where the pregnancy terminates during the first 20 weeks, during the
certified period/s the Employee is entitled to access any paid and/or
unpaid personal/carer’s leave entitlements in accordance with clause
500;
(ii) where the pregnancy terminates after the completion of 20 weeks,
during the certified period/s the Employee is entitled to paid special
surrogacy leave not exceeding the amount of paid surrogacy leave
available under this clause 55.1.
Public holidays during a period of paid surrogacy leave
Where a Public Holiday occurs during a period of paid surrogacy leave, the Public
Holiday is not to be regarded as part of the paid surrogacy leave and the Employer
will grant the Employee a day off in lieu, to be taken by the Employee immediately
following the period of paid surrogacy leave.
Notice and Evidentiary Requirements
(a) An Employee must provide 10 weeks’ written notice to the Employer of
their intention to take Surrogacy Leave. The notification should include a
Statutory Declaration which specifies:
(i) the intended start and end dates of the leave, and
(ii) if known, any other leave the Employee seeks approval to take in
conjunction with their Surrogacy Leave, and
(iii) for the period of surrogacy leave the Employee will not engage in any
conduct inconsistent with their contract of employment.
55.5
55.6
55.7
55.8
55.9
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(b) The Employer may also require the Employee to provide documentary
evidence confirming:
(i) the expected date of birth of the Child, and
(ii) the formal surrogacy arrangement, which complies with Part 4 of the
Assisted Reproductive Treatment Act 2008 (Vic).
(c) The Employee must confirm these details at least 4 weeks prior to the
commencement of the proposed period of Surrogacy leave.
Foster and Kinship Care Leave
An Employee who provides short-term foster or kinship care as the primary
caregiver to a Child who cannot live with their parents as a result of an eligible
child protection intervention is entitled to up to two days paid leave on up to five
occasions per calendar year to be taken at the time the placement of the child
with the Employee commences.
For the purposes of this clause Foster and Kinship Care includes:
(a) Foster Caring, which is the temporary care of a child of up to 18 years of age
on a short-term basis by an Employee who is an accredited foster carer.
(b) Kinship Care, which is temporary care provided by an Employee who is a
relative or a member of the child's social network when the child cannot
live with their parents.
(c) Aboriginal Kinship Care, which is temporary care provided by an Employee
who is a relative or friend of an Aboriginal child who cannot live with their
parents, where Aboriginal family and community and Aboriginal culture are
valued as central to the child’s safety, stability and development.
Eligible child protection interventions include emergency respite and short-term
or long-term placements on a non-permanent basis, as issued by the Victorian
Department of Health and Human Services, the Children’s Court or other similar
federal, state or judicial authority.
Subject to the approval of the Employer, the paid leave provided in this clause
may be used in conjunction with any other paid or unpaid leave entitlements the
Employee may be eligible for under this Agreement.
In the case of foster carers, one occasion totalling up to two days duration may be
used for accreditation purposes, including attending compulsory interviews or
training.
The Employer may require the Employee to provide reasonable evidence to
satisfy themselves of the Employee’s entitlement to leave under this provision.
56.
56.1
56.2
56.3
56.4
56.5
56.6
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Gender Transition Leave
The Employer encourages a culture that is supportive of transgender and gender
diverse Employees and recognises the importance of providing a safe
environment for Employees undertaking gender transition.
Gender Transition refers to the process where a transgender Employee
commences living as a member of another gender. This is sometimes referred to
‘affirming’ their gender. This may occur through medical, social or legal changes.
Employees may give effect to their transition in a number of ways and are not
required to be undergoing specific types of changes, such as surgery, to access
leave under this clause.
Amount of gender transition leave
(a) An Employee (other than a Casual Employee) who commences living as a
member of another gender is entitled Gender Transition Leave for the
purpose of supporting the Employee’s transition. Gender Transition Leave
will comprise:
(i) up to 4 weeks (20 days) paid leave for essential and necessary gender
affirmation procedures, and
(ii) up to 48 weeks of unpaid leave.
(b) The Gender Transition Leave entitlements outlined in clause 57.4(a)are
available to be taken by the Employee within the first 52 weeks after they
commence living as a member of another gender.
(c) Essential gender affirmation procedures may include:
(i) medical or psychological appointments, or
(ii) hormonal appointments, or
(iii) surgery and associated appointments, or
(iv) appointments to alter the Employee’s legal status or amend the
Employee’s gender on legal documentation, or
(v) any other similar necessary appointment or procedure to give effect
to the Employee’s transition as agreed with the Employer.
(d) An Employee who is entitled to unpaid Gender Transition Leave may, in
conjunction with all or part of that leave utilise accrued Annual or Long
Service Leave, provided that the combined total of all paid and unpaid leave
taken does not exceed 52 continuous weeks.
(e) Gender Transition Leave may be taken as consecutive, single or part days
as agreed with the Employer.
(f) Leave under this clause will not accrue from year to year and cannot be
cashed out on termination of employment.
Gender Transition Leave – Casual employees
57.
57.1
57.2
57.3
57.4
57.5
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Casual Employees are entitled to access unpaid leave of up to 52 continuous
weeks duration for gender transition purposes.
Notice and evidence requirements
(a) An Employee seeking to access Gender Transition Leave must provide the
Employer with at least 4 weeks’ written notice of their intended
commencement date and expected period of leave, unless otherwise agreed
by the Employer.
(b) An Employee seeking to access Gender Transition Leave may be required to
provide suitable supporting documentation or evidence of their attendance
at essential gender affirmation procedures. This may be in the form of a
document issued by a registered practitioner, a lawyer, or a State, Territory
or Federal government organisation, statutory declaration or other suitable
supporting documentation.
(c) For the purpose of this clause, Registered Practitioner has the same
meaning as set out in clause 50.1.
Leave to Attend Rehabilitation Program
An Employee, other than a casual Employee, may be granted leave with or
without pay to undertake an approved rehabilitation program where the
Employer is satisfied that:
(a) the Employee’s work performance is adversely affected by the misuse of
drugs or alcohol or problem gambling;
(b) the Employee is prepared to undertake a course of treatment designed for
the rehabilitation of persons with alcohol, drug or gambling related
problems; and
(c) in the case of an alcohol or drug addiction, a Registered Practitioner has
certified that in their opinion the Employee is in need of assistance because
of their misuse of alcohol or drugs and that the Employee is suitable for an
approved rehabilitation program; or
(d) in the case of problem gambling the Employee satisfies the eligibility
criteria for entry into an approved problem gambling rehabilitation
program.
On production of proof of attendance at an approved rehabilitation program in
accordance with clause 58.1, an Employee may be granted leave as follows:
(a) An Employee who has completed two years’ continuous or aggregate
service and who has exhausted all other accrued leave entitlements may be
granted leave with pay up to the maximum number of days specified below:
57.6
58.
58.1
58.2
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Table 20: Leave to attend rehabilitation programs
Years of Service First Year of Program Subsequent Years of
Program
2 years 20 days 15 days
3 years 27 days 20 days
4 years 33 days 25 days
5 or more years 40 days 30 days
(b) An Employee who has completed less than two years continuous or
aggregate service may be granted leave without pay for the purposes of
attending an approved rehabilitation program.
For the purpose of this clause, Registered Practitioner has the same meaning as
set out in clause 50.1.
Cultural and Ceremonial Leave
NAIDOC Week Leave
(a) An Employee of Aboriginal or Torres Strait Islander descent is entitled to
one day of paid leave per calendar year to participate in National Aboriginal
and Islander Day Observance Committee (NAIDOC) week activities and
events.
(b) NAIDOC week leave will not accrue from year to year and will not be paid
out on termination of the employment of the Employee.
Leave to attend Aboriginal community meetings
The Employer may approve attendance during working hours by an Employee of
Aboriginal or Torres Strait Islander descent at any Aboriginal community
meetings, except the Annual General Meetings of Aboriginal community
organisations at which the election of office bearers will occur.
Leave to attend Annual General Meetings of Aboriginal community
organisations
The Employer may grant an Employee of Aboriginal or Torres Strait Islander
descent accrued annual or other leave to attend Annual General Meetings of
Aboriginal community organisations at which the election of office bearers will
occur.
Ceremonial leave
(a) Ceremonial leave will be granted to an Employee of Aboriginal or Torres
Strait Islander descent for ceremonial purposes:
58.3
59.
59.1
59.2
59.3
59.4
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(i) connected with the death of a member of the Immediate Family or
extended family (provided that no Employee shall have an existing
entitlement reduced as a result of this clause); or
(ii) for other ceremonial obligations under Aboriginal and Torres Strait
Islander lore.
(b) Where ceremonial leave is taken for the purposes outlined in clause
59.4(a), up to three days in each year of employment will be with pay. Paid
ceremonial leave will not accrue from year to year and will not be paid out
on termination of the employment of the Employee.
(c) Ceremonial leave granted under this clause 59.4 is in addition to
compassionate leave granted under clause 533.
Leave to participate in the First Peoples’ Assembly of Victoria
An Employee who is a member of the First Peoples’ Assembly of Victoria is
entitled to up to 10 days paid leave per calendar year to fulfil their official
functions during their term of office.
Leave will be available to attend sessions of the First Peoples’ Assembly of
Victoria, participate in constituent consultation relevant to their role or for any
other ancillary purpose as agreed with the Employer.
Where in any calendar year an Employee exhausts their entitlement under this
clause the Employer may grant further paid or unpaid leave, under clause 69
(Other Leave), to support the Employee’s representative functions.
The Employee may also utilise flexible working arrangements, in addition to
leave provided in this clause, to help support their representative functions, with
the agreement of the Employer.
Leave under this clause will not accrue from year to year and cannot be cashed
out on termination of employment.
Long Service Leave
Basic Entitlement and accrual
(a) Long service leave is paid leave accrued during Continuous Employment in
the ARBV.
(b) Employees accrue long service leave based on the number of ordinary hours
worked. Part-time Employees accrue long service leave on a pro rata basis.
Casual Employees are entitled to accrue long service leave as provided for
in this clause.
(c) The basic entitlement for each 10 years’ full-time Continuous Employment
is set out in the table below.
60.
60.1
60.2
60.3
60.4
60.5
61.
61.1
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Table 11: Long Service Leave Entitlements
Entitlement after 10 years
full time continuous
employment
Approximate leave
accrual per hour
Employee whose ordinary
hours of work average 76
hours per fortnight
495.6967 hours (3 months) 0.0250 hours per
hour
When can Long Service Leave be accessed?
(a) An Employee is entitled to take long service leave on a pro-rata basis after
seven years of Continuous Employment, and at any time after that in
accordance with clause 61.3.
(b) An Employee with seven or more years of Continuous Employment is
entitled to be paid out any unused long service leave accrual on the date
their employment ends.
(c) Despite clause 61.2(b) an Employee with 4 or more years of Continuous
Employment is entitled to be paid out any unused long service leave accrual
if:
(i) on account of age or ill health the Employee retires or is retired; or
(ii) the employment of the Employee is terminated for any reason except
for serious misconduct or resignation; or
(iii) the Employee dies.
Taking long service leave
(a) Long service leave will be taken at a time convenient to the needs of the
Employer and Employee.
(b) An Employee and Employer may agree that the whole or any part of their
entitlement is paid
(i) at the current time fraction they work, or
(ii) at a different time fraction to that currently worked.
(c) Long service leave may be taken for any period of not less than 1 day.
(d) A Public Holiday falling within a period of approved long service leave is not
regarded as part of the long service leave. An Employee is entitled to take
and be paid for a public holiday falling within a period of approved long
service leave.
(e) On return from leave, the Employee will revert to the time fraction they
worked immediately prior to going on leave, unless otherwise agreed by the
Employer and the Employee.
61.2
61.3
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Payment while on long service leave
(a) While on long service leave the Employer will continue to pay the Employee
using the same method and frequency as if the Employee was not on long
service leave.
(b) Payment to an Employee for or in lieu of long service leave includes:
(i) Salary, and
(ii) salary maintenance if the Employee is receiving salary maintenance;
and
(iii) any additional payment payable for a temporary assignment where
the assignment has continued for a period of at least twelve months
before the commencement of the leave; and
(iv) any annual allowance payable to the Employee which the Employer
determines should be included, except excluding (if relevant):
• any payment of overtime, commuted overtime or Shift
Work allowances; and
• any travelling or transport allowance; and
• any allowance which is a reimbursement of an expenditure.
Periods of Continuous Employment in which long service leave accrues
Long service leave continues to accrue during the following absences from work:
(a) an absence on paid leave;
(b) from 1 January 2019, an absence after birth or adoption of a child (other
than in the case of a casual employee) on unpaid parental leave which, in
combination with any period of paid parental leave, totals 52 weeks or less;
(c) an absence of 52 weeks or less when the employee is in receipt of weekly
payments of compensation under the Workplace Injury Rehabilitation and
Compensation Act 2013 (Vic) or any predecessor;
(d) an absence of 52 weeks or less during which a pension under section 83A(1)
of State Superannuation Act 1988 (VIC) (or similar provision applying to
Employees of a declared authority) was paid; or
(e) an absence on unpaid leave for which the Employer expressly authorises
long service leave to accrue.
Periods of Continuous Employment in which long service leave does not
accrue
(a) Long service leave does not accrue for the following periods:
(i) a gap between engagements of a Casual Employee of less than 3
months; or
61.4
61.5
61.6
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(ii) an absence on unpaid leave, other than as provided for in clause 61.5;
or
(iii) an absence from duty in excess of 12 months when the Employee was
in receipt of weekly payments of compensation under the Workplace
Injury Rehabilitation and Compensation Act 2013 (Vic) or any
corresponding previous enactment; or
(iv) a period of service which followed the date on which a pension under
the State Superannuation Act 1988 (Vic) (or similar provision applying
to Employees on the staff of a declared authority) became payable by
reason of retirement on the ground of disability.
(b) The periods at clause 61.6(a) do not break Continuous Employment, and
may be periods of recognised service for the purposes of long service leave.
Absences which break Continuous Employment
Continuous Employment will be broken by the following:
(a) any gap between engagements in Continuous Employment by a Casual
Employee of more than 3 months; or
(b) any absence from employment due to the dismissal of the Employee for
disciplinary reasons; or
(c) receipt of a Voluntary Departure Package from any Victorian Public Sector
employer; or
(d) any gap or break in service or absence not provided for in clause 61.5 or
clause 61.6 or clause 61.8.
Previous employment which counts towards Continuous Employment
(a) Service in previous employment in the ARBV or any employer referred to in
clause 61.9 counts towards Continuous Employment where the service
concluded within 12 months of the commencement or re-commencement
of employment in the ARBV.
(b) Despite clause 61.8(a), service in previous employment in the ARBV or
with any employer referred to in clause 61.9 counts towards Continuous
Employment where:
(i) the service concluded within three years of retirement occasioned by
disability, or
(ii) the service concluded within two years of the commencement of
employment in the ARBV and the Employer considers special
circumstances exist.
(c) An Employee is not entitled to long service leave (or payment for long
service leave):
(i) for a period of service for which the Employee was entitled to receive
long service leave (or payment for long service leave) from a different
employer or for previous employment; or
61.7
61.8
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(ii) where the Employee has received long service leave (or a payment in
respect of long service leave) from a different employer or for
previous employment.
(d) Clause 61.8(c) does not apply if funds have been transferred to the
Employer to cover long service leave.
(e) Clauses 61.6 and 61.7 apply to service in previous employment.
Service with other employers that counts towards Continuous
Employment
(a) The following service will be recognised as Continuous Employment for the
purposes of long service leave:
(i) any service with a State, Commonwealth or Territory of Australia
Government Department or Public Service authority; or
(ii) any service with a public entity under the PAA; or
(iii) any service with a local government authority that is established by or
under a law of Victoria.
(b) In addition, the Employer may recognise service with
(i) a public sector authority; or
(ii) a local governing authority of the Commonwealth, a State other than
Victoria or a Territory of Australia
(c) For the purposes of clause 61.9(a) and 61.9(b) authority means an
authority, whether incorporated or not, that is constituted:
(i) by or under a law of a State, the Commonwealth or a Territory of
Australia; and
(ii) for a public purpose.
(d) Where an Employee believes they have service with other employers which
should be counted towards Continuous Employment, the Employee should
make application to the Employer seeking this service be counted towards
the Employee’s period of Continuous Employment within six months of an
Employee’s starting date in the ARBV. The Employer will take reasonable
steps within this period to ascertain from the Employee whether the
Employee has prior service.
(e) Clauses 61.6, 61.7and 61.8 apply to service in previous employment.
Defence Reserve Leave
An Employee required to complete Defence Reserve service may be granted leave
up to a maximum period of 78 weeks’ continuous service.
The Employee will consult with the Employer regarding the proposed timing of
the service. Applications for leave under this clause must be made with as much
61.9
62.
62.1
62.2
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notice as is possible and be accompanied by evidence supporting the call to duty
or reason for the service.
Where the base salary excluding allowances received by the Employee from the
Australian Defence Force or Defence Reserve service during their ordinary hours
of work is below the Employee’s ARBV Salary, the Employer will, unless
exceptional circumstances arise, pay to the Employee make-up pay for the period
of Defence Reserve service.
Preservation of prior entitlement
For Employees in employment prior to 9 May 2002, any more favourable
provision relating to their previous entitlement to Defence Force leave is
maintained.
Jury Service
An Employee required to attend for jury service under the Juries Act 2000 (Vic) is
entitled to leave with pay for the period during which their attendance is
required. The Employee must provide a certificate of attendance issued by the
Juries Commissioner as evidence of attendance.
Any payment made to the Employee in accordance with the Juries Act 2000 (Vic)
for serving as a juror during their ordinary hours of work must be repaid to the
Employer, less an amount for reasonable expenses actually incurred.
Leave for Blood Donations
Leave may be granted to an Employee without loss of pay to visit the Red Cross
Blood Bank as a donor once every twelve weeks.
Leave to Engage in Voluntary Emergency Management Activities
An Employee who engages in a voluntary emergency management activity with a
recognised emergency management body that requires the attendance of the
Employee at a time when the Employee would otherwise be required to be at
work is entitled to leave with pay for:
(a) time when the Employee engages in the activity; and
(b) reasonable travelling time associated with the activity; and
(c) reasonable rest time immediately following the activity.
The Employee must advise the Employer as soon as reasonably practicable if the
Employee is required to attend a voluntary emergency management activity and
must advise the Employer of the expected or likely duration of the Employee’s
attendance. The Employee must provide a certificate of attendance or other
evidence of attendance as reasonably requested by the Employer.
62.3
62.4
63.
63.1
63.2
64.
65.
65.1
65.2
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Recognised emergency management bodies include but are not limited to, the
Country Fire Authority, Red Cross, State Emergency Service and St John
Ambulance.
An Employee who is required to attain qualifications or to requalify to perform
activities in an emergency management body must be granted leave with pay for
the period of time required to fulfil the requirements of the training course
pertaining to those qualifications, provided that such training can be undertaken
without unduly affecting the operations of the Employer.
Voluntary Community Activities Leave
An Employee is entitled to leave with pay of up to 10 days, per calendar year, to
fulfil official functions during their term of office as an elected member of
(a) a Local Government Council or
(b) a committee of management of a not-for-profit community organisation
which operates under a formal legal structure subject to applicable State or
Federal legislation.
Leave will be subject to Employer’s operational needs
Leave will be available for any of the following purposes:
(a) To enable the Employee to attend any training program required to meet
grant, funding or governance obligations, or
(b) Participate in a community event as part of their role with the organisation,
or
(c) Participate in consultation relevant to their role in the organisation, or
(d) Any other purpose agreed with the Employer.
Leave will not accrue from year to year and cannot be cashed out on termination
of employment.
Participation in Sporting Events
Leave with pay up to a maximum of two weeks in any two calendar year period
may be granted to an Employee to participate either as a competitor or an official
in any non-professional state, national or international sporting event.
The length of absence from work and travel arrangements for participation in
sporting events must be agreed with the Employer in advance before leave may
be granted.
Study Leave
The Employer acknowledges that learning and development benefits both the
Employee and Employer.
65.3
65.4
66.
66.1
66.2
66.3
66.4
67.
67.1
67.2
68.
68.1
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The Employer may grant to any Employee paid leave to undertake an accredited
course of study provided by an educational institution or registered training
organisation.
The Employer may grant any Employee time off without loss of pay under this
clause for professional development including Continuing Professional
Development (CPD), short courses, micro-credentialing or other training.
In determining whether to grant study leave, the Employer will consider matters
such as the relevance of the proposed study to the Employee’s employment, the
development of the Employee’s capability and skills, alignment to organisational
goals and the reasonable operational requirements of the Employer.
The Employer may grant an Employee, the following leave entitlements:
(a) paid leave to enable travel to and attendance of up to a maximum of seven
hours of classroom activity or related project work per week, and
(b) up to five days paid leave per annum to:
(i) prepare for and attend examinations associated with the course of
study, or
(ii) finish major project work required to complete an accredited course
of study, professional development, short course, micro-credentialing
or other training.
The Employer may grant additional leave with or without pay as considered
necessary.
Part-time Employees may be granted Study Leave on a pro-rata basis calculated
on the number of ordinary hours worked.
In determining the amount of any leave to be granted under clause 68.2, the
Employer will have regard to the course requirements, the Employer’s
operational requirements and the development of the Employee.
Where an Employee undertakes an accredited course of study professional
development, short course, micro-credentialing or other training, the Employee
may be expected to complete some of the course requirements in their own time.
The paid leave provided for in clause 68.5(a)may be used weekly or, with the
approval of the Employer, banked to support attendance at intensive courses.
Study leave will not accrue from year to year and will not be paid out on
termination.
Other Leave
An Employee may be granted leave with or without pay by the Employer for any
purpose.
Leave under this clause may be granted for purposes including:
(a) cultural and religious purposes; or
68.2
68.3
68.4
68.5
68.6
68.7
68.8
68.9
68.10
69.
69.1
69.2
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(b) activities inherently associated with an Employee’s disability not already
provided for by specific leave entitlements under this Agreement or
otherwise agreed with the Employer; or
(c) paid family violence leave for casual employees.
Unless otherwise provided for in this Agreement, leave without pay shall not
break the Employee’s continuity of employment but leave without pay will not
count as service for leave accrual or other purposes.
69.3
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Accident Make-Up Pay
Where an Employee is absent from duty as a result of sustaining an injury in
respect of which the Employee is entitled to weekly payments of compensation
under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), the
Employee will, except where otherwise provided in clause Error! Reference
source not found. below, be entitled to accident make-up pay equivalent to their
normal Salary less the amount of weekly compensation payments.
Payment – maximum entitlement
(a) The Employer will continue to provide accident make-up pay to the
Employee for either a continuous period of 52 weeks, or an aggregate
period of 261 working days, or an aggregate of 1984 hours, unless
employment ceases.
(b) An entitlement to accident make-up pay will cease when the Employee has
been absent from work for either a continuous period of 52 weeks, or an
aggregate period of 261 working days, or an aggregate of 1984 hours or
when employment ceases or when the benefits payable under the
Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)cease.
(c) The Employer may grant the Employee leave without pay where an
entitlement to accident make-up pay has ended.
For the avoidance of doubt, an Employee may, with the Employer’s consent, take
annual leave, long service leave or substitute leave (in accordance with clause
43.2) whilst receiving accident make up pay.
For an injury prior to the proclamation of the Workplace Injury Rehabilitation and
Compensation Act 2013, a reference to that Act shall be deemed to be a reference
to the Accident Compensation Act 1985 (Vic).
Occupational Health and Safety and Rehabilitation
Objectives
(a) This Agreement acknowledges and supports the rights of Employees to
work in an environment, which is, so far as is practicable, safe and without
risks to health. The Parties are committed to the promotion of a joint and
united approach to consultation and resolution of Occupational Health and
Safety (OH&S) issues.
(b) The Agreement commits the Parties to improving health and safety with a
view to improving workplace efficiency and productivity. This will be
accomplished through the ongoing development, in consultation with
Employees and their health and safety representatives, of management
systems and procedures designed to, so far as is practicable to:
(i) identify, assess and control workplace hazards; and
Part 8 Occupational Health and Safety
70.
70.1
70.2
70.3
70.4
71.
71.1
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(ii) reduce the incidence and cost of occupational injury and illness; and
(iii) identify and appropriately manage work and work practices which
impact on OH&S
(iv) provide a rehabilitation system for Employees affected by
occupational injury or illness; and
(v) consider the impact of changes to work practices and staffing on
occupational health and safety, and
(vi) ensure that health and safety representatives can exercise their
powers to the extent provided for in the Occupational Health and
Safety Act 2004 (Vic) and the Occupational Health and Safety
Regulations 2017.
(c) OH&S statutory requirements, including regulations and codes of practice/
compliance codes are minimum standards and will be improved upon
where practicable.
OH&S consultation
(a) Consultative mechanisms appropriate to each Agency will be established to
address OH&S issues. Such mechanisms will be:
(i) in accordance with the Victorian Occupational Health and Safety Act
2004 (Vic); and
(ii) established in consultation with Employees and their health and
safety representatives; and
(iii) consistent with the Employer’s agreed issue resolution procedures
and the rights and functions of health and safety representatives,
consistent with the Occupational Health and Safety Act 2004 (Vic).
(b) Where an OH&S committee is established at least half the members shall be
Employees, including health and safety representatives.
(c) The OH&S committee must operate within the requirements of the
Occupational Health and Safety Act 2004 (Vic).
(d) A CPSU Workplace representative may attend local OH&S committee
meetings (by giving notice) from time to time.
OH&S training
(a) Workplace training programs, including induction and on-the-job training
will outline relevant details of OH&S policies and procedures.
(b) The contents of OH&S training programs will outline the OH&S roles and
responsibilities of Employees, managers and supervisors, OH&S policies
and procedures, particular hazards associated with their workplaces,
control measures applicable to each hazard, and how to utilise OH&S
systems to identify hazards and instigate preventative action.
71.2
71.3
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Designated Work Groups
(a) On request of the union the parties at the local level will review the
Designated Work Groups (DWGs), and negotiate revised DWGs where
appropriate through workplace Union/management consultative
structures.
(b) On request from the union, information from the updated register(s) will be
provided periodically (quarterly) in electronic format to a Union. The
information provided will be in accordance with the Privacy and Data
Protection Act 2014 (Vic). Where possible, this information will include:
(i) a description, including the location, of each DWG; and
(ii) the name of each elected health and safety representative, their
workplace contact details and email address; and
(iii) the date the health and safety representative was elected; and
(iv) a description of the training the health and safety representative has
attended and the date of attendance; and
(v) the name and contact details of the nominated management
representative responsible for each DWG; and
(vi) details of the structure of OH&S committees, their meeting frequency
and the name and contact details of the committee convener.
Bullying and violence at work
(a) The Parties to this Agreement are committed to working together to reduce
bullying and occupational assault so far as is practicable in the workplace.
(b) Over the life of the agreement, the Parties commit to work towards a
consistent, approach to prevent and manage negative workplace behaviour,
including by the ARBV:
(i) being cognisant of any new whole of VPS bullying policy.
(ii) continuing and finalising the drafting of a common bullying.
(iii) ensuring employee awareness of expected standards of behaviour,
employee duties in respect of occupational health and safety and of
what constitutes and how to prevent and address negative workplace
behaviour;
(iv) ensuring supervisor and manager capability to prevent and manage
negative workplace behaviour;
(v) ensuring consistent, best practice processes for managing negative
behaviour in accordance with clause 25 processes.
Employee support and debriefing
(a) The Employer will provide support and debriefing to Employees who have
directly or vicariously experienced a “critical incident” during the course of
71.4
71.5
71.6
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the work that results in personal distress or psychological trauma. The
Employer is committed to assisting the recovery of Employees experiencing
distress or trauma following a critical incident with the aim of returning
Employees to their pre-incident level of functioning as soon as possible.
(b) A critical incident is defined as an event outside the range of usual human
experience which has the potential to easily overcome a person's normal
ability to cope with stress. It may produce a negative psychological
response in an Employee who was involved in or witnessed, or otherwise
deals with and/or is exposed through their course of their duties to the
details of such an incident.
(c) Critical incidents in the workplace environment include, but are not limited
to:
(i) aggravated assaults; or
(ii) robbery; or
(iii) suicide or attempted suicide; or
(iv) murder; or
(v) sudden or unexpected death; or
(vi) hostage or siege situations; or
(vii) discharge of firearms; or
(viii) vehicle accidents involving injury and/or substantial property
damage; or
(ix) acts of self-harm by persons in the care of others; or
(x) industrial accidents involving serious injury or fatality; or
(xi) any other serious accidents or incidents.
Industrial Relations/Occupational Health and Safety Training
In order to encourage co-operative workplace relations and facilitate the
operation of this Agreement, an Employee who has been nominated by a Union
and has been accepted by a training provider to attend a designated trade union
training course may be granted up to five days leave on full pay in any one
calendar year, so long as the granting of such leave does not unduly effect the
operations of the Agency in which the Employee is employed.
The Employee may be granted the leave specified in clause 72.1 where the
Employer is satisfied that the course of training is likely to contribute to a better
understanding of industrial relations, occupational health and safety, safe work
practices, knowledge of award and other industrial entitlements and the
upgrading of Employee skills in all aspects of trade union functions.
72.
72.1
72.2
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An Employee may be granted paid leave under this clause in excess of five days
and up to ten days in any one calendar year subject to the total leave taken in that
calendar year and in the subsequent calendar year not exceeding ten days.
An Employee, upon election as a health and safety representative, shall be
granted up to five days’ paid leave, as soon as practicable after election, to
undertake an appropriate introductory health and safety representative’s course
from a training organisation of their choice that is approved by the Victorian
WorkCover Authority, having regard to course places and the Employer's
operations. The Employer shall meet any reasonable costs incurred. Leave under
this clause 72.4 must only be granted to an Employee on one occasion and is
additional to any other leave granted under this clause.
Additional paid leave may be approved for health and safety representatives to
attend training approved by the Victorian WorkCover Authority under the
Occupational Health and Safety Act 2004 (Vic), which is relevant to the functions
of the DWG.
Facilities, Equipment and Accommodation – General
The Employer shall provide Employees with all such instruments, equipment,
tools, stationery and furniture as may be reasonably necessary for carrying out
their work except as otherwise agreed between the Parties to this Agreement.
The Employer shall provide, in readily accessible locations, first aid equipment
adequate for the nature of the Employee’s duties.
Agreement Compliance and Union Related Matters
Protection
(a) An Employee shall not be dismissed or injured in their employment or have
their employment altered to their prejudice, or be threatened with
prejudicial or injurious treatment or with dismissal by reason of their status
as an Accredited Representative of a Union, engagement in lawful activities
as an authorised representative of a Union or on the basis of their
membership of a Union or participation in lawful Union activities, provided
that where any such activities are undertaken during working hours, the
Employee’s release has been approved. Approval will not be unreasonably
withheld.
(b) The Employer shall not injure a person in their employment, or alter the
terms or conditions of employment of a person to their prejudice on the
basis of their membership of or participation in the lawful activities of a
Union, provided that where any such activities are undertaken during
working hours, the Employee’s release has been approved. Approval will
not be unreasonably withheld.
Facilities
(a) An Accredited Representative of a Union shall be released by the Employer
from normal duties for such periods of time as may be reasonably necessary
72.3
72.4
72.5
73.
73.1
73.2
74.
74.1
74.2
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to enable them to carry out their representative functions including, but not
limited to, investigating any alleged breach of this Agreement,
endeavouring to resolve any dispute arising out of the operation of this
Agreement, participating in any bargaining, conciliation or arbitration
process conducted under the provisions of the FW Act. Such release must
not unduly affect the operations of the Agency in which the Employee is
employed.
(b) Members of a Union shall be permitted by the Employer to post written
material authorised by a Union in a place within the workplace to which
members of that Union have convenient access, and to distribute such
written material by appropriate means to Union members.
(c) Employees will be allowed reasonable access to electronic communication
devices to facilitate communication between Employees and/or the Union,
provided that such communication is not offensive or improper.
Employee Representation on CPSU SPSF Victorian Branch Council
(a) Employees who are CPSU SPSF Victorian Branch Council members
nominated by the Branch Secretary of the CPSU will be entitled to a half day
per month to attend Branch Council meetings. Time release will include
reasonable time to travel to the meetings.
(b) Additional paid leave will be granted to Employees who are CPSU SPSF
Victorian Branch Council members nominated by the Branch Secretary to
attend:
(i) Federal Executive and Federal Council meetings of the CPSU; and
(ii) the Australian Council of Trade Unions’ triennial conference.
(c) On application, the Employer shall grant leave without pay to an Employee
for the purposes of secondment to work for a Union.
Right of Entry
For the purposes of ensuring compliance with this Agreement and the FW Act, an
official of a Union who has been issued with an entry permit by the FWC pursuant
to section 512 of the FW Act will be permitted access to the workplace provided
they comply with the provisions set out in Part 3-4 of the FW Act.
A permit holder may only enter the workplace for the purposes permitted by and
in compliance with the provisions of Part 3-4 of the FW Act.
Subject to clauses 75.1 and 75.2 a permit holder may enter the premises and
shall adhere to the principles that they must not intentionally hinder or obstruct
any person, or otherwise act in an improper manner.
74.3
75.
75.1
75.2
75.3
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Schedule A
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Redeployment
The redeployment policy will be based on the following principles:
1. The redeployment of surplus Employees wherever practical and consistent with the
application of merit;
2. Surplus Employees have priority to be placed in vacancies that occur within the ARBV,
unless the surplus Employee is determined to be unsuitable for appointment to that
vacancy;
3. Surplus employees are to be provided with individualised case management and support,
including counselling, provision of job search skills, liaison and retraining to assist in
achieving placements;
4. Processes to be consistent with the application of the principles of fair and reasonable
treatment and merit selection;
5. Unplaced surplus Employees to have access to departure packages only after a reasonable
period;
6. Retrenchment and payment of a separation package to be used as an action of last resort
where redeployment within a reasonable period does not appear likely;
7. Where a vacancy exists for which a redeployee is suitable and is the only candidate or the
best candidate amongst redeployees, a valid offer will be made. A valid offer involves an
offer of duties to a suitably qualified Employee (which may be at the same or different
level or status or the same or different general location as the Employee’s previous
employment);
8. Redeployees will have priority access to vacancies both at the Employee’s classification
level and below their classification level and, where appropriate, will be provided with
salary maintenance;
9. The ARBV will provide support to redeployees being placed in alternative positions
utilising high quality and professional expertise; and
10. Redeployees will actively engage in the redeployment process.
.
Schedule A
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Schedule B – Supported Wage System
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Supported Wage System
Supported Wage System
This schedule deals with the calculation of minimum rates of pay which will apply
to Employees who because of the effects of a disability are eligible for a supported
wage under the terms of this Agreement. In the context of this clause, the
following definitions will apply:
(a) Supported wage system means the commonwealth government system to
promote employment for people who cannot work at full award wages
because of a disability, as documented in the Supported Wage System (SWS)
Handbook.
(b) Approved assessor means a person accredited by the management unit
established by the commonwealth under the supported wage system to
perform assessments of an individual's productive capacity within the
supported wage system.
(c) Disability support pension means the commonwealth pension scheme to
provide income security for persons with a disability as provided under the
Social Security Act 1991(Cth) or any successor to that scheme.
(d) Assessment instrument means the tool provided for under the supported
wage system that records the assessment of the productive capacity of the
person to be employed under the supported wage system.
(e) SWS wage assessment agreement means the document in the form
required by the Department of Social Services that records the employee’s
productive capacity and agreed wage rate
Eligibility criteria
(a) Employees covered by this clause will be those who are unable to perform
the range of duties to the competence level required within the class of
work for which the Employee is engaged under this Agreement, because of
the effects of a disability on their productive capacity and who meet the
impairment criteria for receipt of a disability support pension.
(b) This clause does not apply to any existing Employee who has a claim against
the Employer which is subject to the provisions of accident compensation
legislation or any provision of this Agreement relating to the rehabilitation
of Employees who are injured in the course of their employment.
(c) This clause does not apply to the Employer in respect of their facility,
programme, undertaking, service or the like which receives funding under
the Disability Services Act 1986 (Cth) and fulfils the dual role of service
provider and sheltered Employer to people with disabilities who are in
receipt of or are eligible for a disability support pension, except with respect
to an organisation which has received recognition under s.10 or under s.12a
of the Disability Services Act 1986 (Cth), or if a part only has received
recognition, that part.
Schedule B
1.
1.1
1.2
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Schedule B – Supported Wage System
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Supported wage rates
(a) Supported wage rates must be calculated as a percentage of the minimum
rate of pay prescribed by this Agreement for the class of work the person is
performing according to the following table:
Assessed capacity
Percentage of
prescribed Agreement
rate
10%* 10%
20% 20%
30% 30%
40% 40%
50% 50%
60% 60%
70% 70%
80% 80%
90% 90%
(b) Provided that the minimum amount payable to an Employee is not less than
$89.00 per week effective 1 July 2020. This rate will be adjusted by the
movement in the Special national minimum wage 2 as determined by the
annual National Minimum Wage Order.
(c) *Where a person’s assessed capacity is 10 per cent, they shall receive a high
degree of assistance and support.
Assessment of capacity
(a) For the purpose of establishing the applicable percentage of the Agreement
rate to be paid to an Employee under this Agreement, the productive
capacity of the Employee will be assessed in accordance with the supported
wage system by an approved assessor, having consulted with the Employer
and Employee, and if the Employee so desires, a union which the Employee
is eligible to join.
(b) All assessments made under this schedule must be documented in a SWS
wage assessment agreement, and retained by the Employer as a time and
wages record in accordance with the Act.
Lodgement of assessment instrument
(a) All SWS wage assessment agreements under this Schedule, including the
applicable percentage of the Agreement Salary to be paid to the Employee,
must be lodged by the Employer with FWC.
(b) All SWS wage assessment agreements must be agreed and signed by the
Employee and Employer parties to the assessment.
1.3
1.4
1.5
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Schedule B – Supported Wage System
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Review of assessment
The assessment of the applicable percentage should be subject to annual review
or more frequent review on the basis of a reasonable request for such a review.
The process of review must be in accordance with the procedures for assessing
capacity under the supported wage system.
Other terms and conditions of employment
Where an assessment has been made, the applicable percentage shall apply to the
salary rate only. Employees covered by the provisions of the clause will be
entitled to the same terms and conditions of employment as all other Employees
covered by this Agreement paid on a pro rata basis.
Workplace adjustment
If the Employer wishes to employ a person under the provisions of this clause
they must take reasonable steps to make changes in the workplace to enhance
the Employee's capacity to do the job. Changes may involve re-design of job
duties, working time arrangements and work organisation in consultation with
other Employees in the area.
Trial period
(a) In order for an adequate assessment of the Employee's capacity to be made,
the Employer may employ a person under the provisions of this clause for
a trial period not exceeding twelve weeks, except that in some cases
additional work adjustment time (not exceeding four weeks) may be
needed.
(b) During that trial period the assessment of the Employee’s capacity will be
undertaken and the applicable percentage of the Agreement rate for a
continuing employment relationship shall be determined.
(c) The minimum amount payable to the Employee during the trial period shall
be no less than $89 per week effective 1 July 2020. The rate will be adjusted
by the movement in the Special national minimum wage 2 as determined by
the annual National Minimum Wage Order.
(d) Work trials should include induction or training as appropriate to the job
being trialled.
(e) Where the Employer and Employee wish to establish a continuing
employment relationship following the completion of the trial period, a
further contract of employment shall be entered into based on the outcome
of assessment under clause 1.4 hereof.
1.6
1.7
1.8
1.9
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Schedule C – ARBV Salaries and Classification and Value Range Descriptors
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ARBV Salaries and Classification and Value Range
Descriptors
ARBV Salaries
Effective 20 March 2020
Grade
Value
Range
Salary Ranges Progression
amounts Min. Max.
V
P
S
O
ff
ic
er
1 1.1 $48,623 $51,616
1.1.1 $48,623
1.1.2 $49,619
1.1.3 $50,617
1.1.4 $51,616
2
2.1 $53,280 $60,851
2.1.1 $53,280
2.1.2 $54,362
2.1.3 $55,443
2.1.4 $56,527
2.1.5 $57,605
2.1.6 $58,689
2.1.7 $59,770
2.1.8 $60,851
2.2 $61,931 $68,421
2.2.1 $61,931
2.2.2 $63,013
2.2.3 $64,094
2.2.4 $65,177
2.2.5 $66,256
2.2.6 $67,340
2.2.7 $68,421
3
3.1 $69,917 $77,407
3.1.1 $69,917
3.1.2 $71,416
3.1.3 $72,915
3.1.4 $74,412
3.1.5 $75,907
3.1.6 $77,407
3.2 $78,903 $84,895
3.2.1 $78,903
3.2.2 $80,403
3.2.3 $81,900
3.2.4 $83,395
3.2.5 $84,895
4 4.1 $86,558 $98,210
4.1.1 $86,558
4.1.2 $88,502
4.1.3 $90,443
4.1.4 $92,381
4.1.5 $94,327
4.1.6 $96,268
4.1.7 $98,210
Se
n
io
r
O
ff
ic
er
5
5.1 $99,872 $110,355 $2,994
5.2 $110,357 $120,838
6.1 $122,502 $143,219
Schedule C
1.
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Schedule C – ARBV Salaries and Classification and Value Range Descriptors
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6 6.2 $143,220 $163,934 $3,780
Se
n
io
r
T
ec
h
n
ic
al
Sp
ec
ia
li
st
7
7.1 $166,390 $186,355
$6,209 7.2 $186,359 $206,325
7.3 $206,325 $226,292
~________,I I
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Schedule C – ARBV Salaries and Classification and Value Range Descriptors
121
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Effective 1 December 2020
Grade
Value
Range
Salary Ranges Progression
amounts
Min. Max.
V
P
S
O
ff
ic
er
1 1.1 $49,231 $52,261
1.1.1 $49,231
1.1.2 $50,239
1.1.3 $51,250
1.1.4 $52,261
2
2.1 $53,946 $61,612
2.1.1 $53,946
2.1.2 $55,042
2.1.3 $56,136
2.1.4 $57,234
2.1.5 $58,325
2.1.6 $59,423
2.1.7 $60,517
2.1.8 $61,612
2.2 $62,705 $69,276
2.2.1 $62,705
2.2.2 $63,801
2.2.3 $64,895
2.2.4 $65,992
2.2.5 $67,084
2.2.6 $68,182
2.2.7 $69,276
3
3.1 $70,791 $78,375
3.1.1 $70,791
3.1.2 $72,309
3.1.3 $73,826
3.1.4 $75,342
3.1.5 $76,856
3.1.6 $78,375
3.2 $79,889 $85,956
3.2.1 $79,889
3.2.2 $81,408
3.2.3 $82,924
3.2.4 $84,437
3.2.5 $85,956
4 4.1 $87,640 $99,438
4.1.1 $87,640
4.1.2 $89,608
4.1.3 $91,574
4.1.4 $93,536
4.1.5 $95,506
4.1.6 $97,471
4.1.7 $99,438
Se
n
io
r
O
ff
ic
er
5
5.1 $101,120 $111,734 $3,031
5.2 $111,736 $122,348
6
6.1 $124,033 $145,009 $3,827
6.2 $145,010 $165,983
Se
n
io
r
T
ec
h
n
ic
al
Sp
ec
ia
li
st
7
7.1 $168,470 $188,684
$6,287 7.2 $188,688 $208,904
7.3 $208,904 $229,121
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Effective 1 September 2021
Grade
Value
Range
Salary Ranges Progression
amounts
Min. Max.
V
P
S
O
ff
ic
er
1 1.1 $49,969 $53,045
1.1.1 $49,969
1.1.2 $50,993
1.1.3 $52,019
1.1.4 $53,045
2
2.1 $54,755 $62,536
2.1.1 $54,755
2.1.2 $55,868
2.1.3 $56,978
2.1.4 $58,093
2.1.5 $59,200
2.1.6 $60,314
2.1.7 $61,425
2.1.8 $62,536
2.2 $63,646 $70,315
2.2.1 $63,646
2.2.2 $64,758
2.2.3 $65,868
2.2.4 $66,982
2.2.5 $68,090
2.2.6 $69,205
2.2.7 $70,315
3
3.1 $71,853 $79,551
3.1.1 $71,853
3.1.2 $73,394
3.1.3 $74,933
3.1.4 $76,472
3.1.5 $78,009
3.1.6 $79,551
3.2 $81,087 $87,245
3.2.1 $81,087
3.2.2 $82,629
3.2.3 $84,168
3.2.4 $85,704
3.2.5 $87,245
4 4.1 $88,955 $100,930
4.1.1 $88,955
4.1.2 $90,952
4.1.3 $92,948
4.1.4 $94,939
4.1.5 $96,939
4.1.6 $98,933
4.1.7 $100,930
Se
n
io
r
O
ff
ic
er
5
5.1 $102,637 $113,410 $3,076
5.2 $113,412 $124,183
6
6.1 $125,893 $147,184 $3,884
6.2 $147,185 $168,473
Se
n
io
r
T
ec
h
n
ic
al
Sp
ec
ia
li
st
7
7.1 $170,997 $191,514
$6,381 7.2 $191,518 $212,038
7.3 $212,038 $232,558
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Effective 1 June 2022
Grade
Value
Range
Salary Ranges Progression
amounts
Min. Max.
V
P
S
O
ff
ic
er
1 1.1 $50,594 $53,708
1.1.1 $50,594
1.1.2 $51,630
1.1.3 $52,669
1.1.4 $53,708
2
2.1 $55,439 $63,318
2.1.1 $55,439
2.1.2 $56,566
2.1.3 $57,690
2.1.4 $58,819
2.1.5 $59,940
2.1.6 $61,068
2.1.7 $62,193
2.1.8 $63,318
2.2 $64,442 $71,194
2.2.1 $64,442
2.2.2 $65,567
2.2.3 $66,691
2.2.4 $67,819
2.2.5 $68,941
2.2.6 $70,070
2.2.7 $71,194
3
3.1 $72,751 $80,545
3.1.1 $72,751
3.1.2 $74,311
3.1.3 $75,870
3.1.4 $77,428
3.1.5 $78,984
3.1.6 $80,545
3.2 $82,101 $88,336
3.2.1 $82,101
3.2.2 $83,662
3.2.3 $85,220
3.2.4 $86,775
3.2.5 $88,336
4 4.1 $90,067 $102,192
4.1.1 $90,067
4.1.2 $92,089
4.1.3 $94,110
4.1.4 $96,126
4.1.5 $98,151
4.1.6 $100,170
4.1.7 $102,192
Se
n
io
r
O
ff
ic
er
5
5.1 $103,920 $114,828 $3,114
5.2 $114,830 $125,735
6
6.1 $127,467 $149,024 $3,933
6.2 $149,025 $170,579
Se
n
io
r
T
ec
h
n
ic
al
Sp
ec
ia
li
st
7
7.1 $173,134 $193,908
$6,461 7.2 $193,912 $214,688
7.3 $214,688 $235,465
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Effective 1 March 2023
Grade
Value
Range
Salary Ranges Progression
amounts
Min. Max.
V
P
S
O
ff
ic
er
1 1.1 $51,353 $54,514
1.1.1 $51,353
1.1.2 $52,404
1.1.3 $53,459
1.1.4 $54,514
2
2.1 $56,271 $64,268
2.1.1 $56,271
2.1.2 $57,414
2.1.3 $58,555
2.1.4 $59,701
2.1.5 $60,839
2.1.6 $61,984
2.1.7 $63,126
2.1.8 $64,268
2.2 $65,409 $72,262
2.2.1 $65,409
2.2.2 $66,551
2.2.3 $67,691
2.2.4 $68,836
2.2.5 $69,975
2.2.6 $71,121
2.2.7 $72,262
3
3.1 $73,842 $81,753
3.1.1 $73,842
3.1.2 $75,426
3.1.3 $77,008
3.1.4 $78,589
3.1.5 $80,169
3.1.6 $81,753
3.2 $83,333 $89,661
3.2.1 $83,333
3.2.2 $84,917
3.2.3 $86,498
3.2.4 $88,077
3.2.5 $89,661
4 4.1 $91,418 $103,725
4.1.1 $91,418
4.1.2 $93,470
4.1.3 $95,522
4.1.4 $97,568
4.1.5 $99,623
4.1.6 $101,673
4.1.7 $103,725
Se
n
io
r
O
ff
ic
er
5
5.1 $105,479 $116,550 $3,161
5.2 $116,552 $127,621
6
6.1 $129,379 $151,259 $3,992
6.2 $151,260 $173,138
Se
n
io
r
T
ec
h
n
ic
al
Sp
ec
ia
li
st
7
7.1 $175,731 $196,817
$6,558 7.2 $196,821 $217,908
7.3 $217,908 $238,997
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Effective 1 December 2023
Grade
Value
Range
Salary Ranges Progression
amounts
Min. Max.
V
P
S
O
ff
ic
er
1 1.1 $51,867 $55,059
1.1.1 $51,867
1.1.2 $52,928
1.1.3 $53,994
1.1.4 $55,059
2
2.1 $56,834 $64,911
2.1.1 $56,834
2.1.2 $57,988
2.1.3 $59,141
2.1.4 $60,298
2.1.5 $61,447
2.1.6 $62,604
2.1.7 $63,757
2.1.8 $64,911
2.2 $66,063 $72,985
2.2.1 $66,063
2.2.2 $67,217
2.2.3 $68,368
2.2.4 $69,524
2.2.5 $70,675
2.2.6 $71,832
2.2.7 $72,985
3
3.1 $74,580 $82,571
3.1.1 $74,580
3.1.2 $76,180
3.1.3 $77,778
3.1.4 $79,375
3.1.5 $80,971
3.1.6 $82,571
3.2 $84,166 $90,558
3.2.1 $84,166
3.2.2 $85,766
3.2.3 $87,363
3.2.4 $88,958
3.2.5 $90,558
4 4.1 $92,332 $104,762
4.1.1 $92,332
4.1.2 $94,405
4.1.3 $96,477
4.1.4 $98,544
4.1.5 $100,619
4.1.6 $102,690
4.1.7 $104,762
Se
n
io
r
O
ff
ic
er
5
5.1 $106,534 $117,716 $3,193
5.2 $117,718 $128,897
6
6.1 $130,673 $152,772 $4,032
6.2 $152,773 $174,869
Se
n
io
r
T
ec
h
n
ic
al
Sp
ec
ia
li
st
7
7.1 $177,488 $198,785
$6,624 7.2 $198,789 $220,087
7.3 $220,087 $241,387
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VPS Career Structure Classification and Value Range Standard Descriptors
Table 3: VPS Career Structure Classification and Value Range Standard Descriptors
Table 22.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
Decision Making 1.1A 2.1A 2.2A 3.1A 3.2A 4.1A
Accountability and
Frameworks
Undertakes
specific and
defined tasks
within established
rules under close
supervision,
defined as:
• clear and
detailed
instructions
are provided;
tasks are
covered by
standard
procedures;
Applies rules,
processes and
standards under
general supervision
Plans and
prioritises own
work program to
achieve defined
targets
Changes own work
program, which
may impact on the
operations of the
work area
Selects from a
range of accepted
options
established by
rules, processes,
and standards
Makes decisions
that may have
significant impact
on clients
Team leadership
may be exercised
where appropriate
to the role
Exercises
professional
judgement about
the application of
rules, or the
selection of choices
within guidelines
Resolves local
operational service
delivery problems
within guidelines
Sets local
precedents
regarding the
application of
guidelines
Provides guidance
for others in the
work area and/ or
related areas
Develops
guidelines within
the work area
Resolves
operational service
delivery problems
consistent with
program objectives
Interprets and
applies business
plans and policies
to own area of
responsibility
Advice and analysis
contributes to
policy formulation
2.
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Table 22.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
• deviation from
procedures or
unfamiliar
situations are
referred to
higher levels;
and
• work is
regularly
checked
Influences own
daily work
priorities and
schedules under
direction of
supervisor
Accountable for
accuracy and
timeliness of
outputs
Reviews decisions,
assessments and
recommendations
from less
experienced team
members
Determines the
work organisation
of the work area
Analysis and advice
contributes to
decision making by
others
Manages budget
and resources for
the work area
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Table 22.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
Innovation and
Originality
The focus is on
maintaining
existing systems
and processes
Identifies
opportunities to
improve own
efficiency and
suggests these to
supervisor
Judgement is
required to solve
problems arising in
own work program
Takes initiative to
recommend
improved processes
in immediate work
area
Creatively deals
with problems
within the work
area
Initiates
improvements to
procedures within
the work area
Assesses and
responds to policy
and process
changes in the
work area
Identifies and
applies
developments
within professional
field to problem
solving within the
work area
Innovative thinking
is an inherent
feature of the job
Defines the
appropriate
methodology in the
analysis of policy
or research options
Communication 1.1B 2.1B 2.2B 3.1B 3.2B 4.1B
Provides and
receives routine
information
Communication is
mainly focused on
routine issues that
may require an
understanding of
Explains rules,
procedures and
operational policies
to individual clients
or colleagues
Presents routine
information to
small groups and
Conducts formal
community
information
sessions and
consultative
process involving
small groups or
participates in a
May lead a team
through activities
including
individual and
team performance
management and
development
Plan, lead and
facilitate
consultative
processes in a
range of settings
involving more
difficult or
sensitive issues
Conveys specialist
concepts and
policies to clients,
staff and
stakeholders
Prepares reports,
briefs and
correspondence on
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Table 22.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
the operational
context
provides feedback
to organisation
Draft routine
internal reports and
correspondence
Liaises with
stakeholders,
clients and external
providers of goods
and services
Suggests alternative
approaches to
clients or
stakeholders
Understands
procedures for
effectively dealing
with people
exhibiting
challenging
behaviours
similar process in
larger groups
Uses persuasion
skills in dealing
with an individual
client, colleague,
service provider or
the like
Explains concepts
and policies to
clients,
stakeholders and
staff
Plans, leads and
facilitates
information
sessions and
consultative
processes in a
range of settings
Prepares briefs on
sensitive issues for
consideration of
others
Draft public
communication
documents
Communicates
issues and
Prepares complex
operational reports
requiring in-depth
factual analysis
complex issues that
impact at program
or organisational
level
Develops and
implements
operational
communication
and consultation
strategies on
specific projects
Applies negotiation
persuasion and
motivation skills to
manage staff and
stakeholders
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Table 22.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
advocates a
preferred case or
option to
stakeholders
Communicate
professional/
technical concepts
and advice
Provides
communication
guidance to less
experienced
colleagues
Uses persuasion,
advocacy,
negotiation and
motivation skills
with clients,
providers, staff,
peers and
managers
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Table 22.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
Knowledge and
Proficiency
1.1C 2.1C 2.2C 3.1C 3.2C 4.1C
Focus is on
learning,
developing and
refining work skills
Requires
knowledge of
equipment and
tools to perform
routine tasks,
experiments and
procedures, and
develops practical
application of
these skills
Requires
understanding of
general office work
routines and
procedures
Understands and
applies theoretical
principles, under
supervision, to
achieve defined
outcomes
Develops
knowledge of
established
techniques and
organisational
processes
Proficient in use of
software or
technical
equipment
Knowledge of
legislation,
regulations, policies
Uses theoretical
knowledge under
supervision to
achieve defined
outcomes in a
variety of work
situations
Local reference
point in
operational
processes and
procedures
Uses theoretical
knowledge to
achieve agreed
outcomes in
moderately
complex work
situations
Authoritative in
application of
processes and
policy relevant to
the work unit
Knowledge of
relevant legislation,
regulations,
policies and
processes
Adapts theoretical
knowledge based
on practical
experience and/or
understanding of
current issues in
the field
Applies
understanding of
interrelationships
between
stakeholders
and/or other work
units to achieve
local objectives
Researches and
applies advanced
theoretical
knowledge in a
specialised field to
operational
problem solving
Applies sound
theoretical and
practical expertise
in development of
policy options
Authoritative in
application of
processes
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Table 22.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
Acquire and apply
proficiency in
standard office
equipment and
computer
applications
and processes
relevant and
specific to the role
Policy and Projects 1.1D 2.1D 2.2D 3.1D 3.2D 4.1D
Provides
administrative
support to policy
and projects,
consistent with the
support elements
described in 1.1B
Drafts minutes and
action plans for
consideration by
others
Collects data,
undertakes basic
analysis and
prepares simple
reports
Undertakes
research specified
by others,
including data
analysis
Administers
routine projects
under direction or
coordinates
project steps
Contributes to
operational service
delivery policy
development
Researches issues
and prepares draft
reports and
briefings within a
project plan or
policy framework
set by others
Conducts projects
of defined scope
under direction
Obtains,
summarises and
reports on
stakeholder views
Plans and conducts
several narrowly
scoped projects
simultaneously
Conducts aspects
of more complex
projects under
direction
Contributes to
planning on large
projects
Researches and
develops
recommendations
in a specific field of
expertise
Develops and
implements
operational policy
which impacts the
immediate work
area
Contributes to
strategic policy
development
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Table 22.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
within a specific
field of expertise
Manages projects,
usually under
limited direction
Contributes
expertise to a team
working on
complex projects
Prepares project
scopes and briefs
within broad
parameters
Manages multi-
disciplinary project
teams
Administrative and
Corporate Support
1.1E 2.1E 2.2E 3.1E 3.2E 4.1E
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Table 22.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
Performs routine
administrative
tasks, including
general telephone,
counter and front
office enquiries,
mail deliveries,
assisting with
stock control,
supporting
organisation of
meetings, receiving
and initial
processing of
standard
paperwork
Provides office
support through
activities such as
using and
maintaining
standard office
equipment and
software
Drafts routine
correspondence
and minutes
Organises routine
meetings and small
functions
Undertakes
standard
processing work
such as data entry,
purchasing,
payments and
Responsible for
office support
services and
systems for a work
unit
Documents
meeting outcomes
in more complex
situations
Provides support
to contract
administration
Demonstrates
problem solving in
processing work
Create and
maintains local
databases or
reporting systems
utilising standard
software
May lead a
corporate support
team
Manages team
performance
through activities
such as monitoring
and reporting
Maintains
corporate
databases and
completes analysis
Monitors and
administers
straight forward,
local contracts and
service agreements
within a well-
defined service
delivery
framework
Prepares and
analyses reports
from corporate
databases to
support decision
making in the
broader work area
Develops local
databases or
reporting systems
Negotiate straight
forward, local
contracts and
service agreements
Leads a larger or
complex corporate
support work unit
Provides specialist
administrative and
corporate support
expertise
Negotiates and
manages straight
forward, corporate
contracts and
service agreements
Drafts reports and
recommendations
by interpreting and
analysing data
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Table 22.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
reports using office
databases
Performs telephone
and counter duties
consistent with
2.1B
Analyse standard
reports and data to
identify exceptions
Operational Service
Delivery
1.1F 2.1F 2.2F 3.1F 3.2F 4.1F
Provides routine
information, such
as standard
information and
explanations, to
clients and
members of the
public
Receives payment
for routine services
such as the sale of
publications and
Provides standard
services under
general supervision
and within a
defined service
delivery framework
Delivers
information
services to the
general public or
clients, including
initial advice and
referral
Assesses client
needs and
implements
appropriate
service delivery
from a range of
accepted options
Identifies where
limited precedents
apply and may
recommend action
to be taken
Supervises a
service delivery
team
Assesses client
needs and delivers
a range of services
in complex
situations
investigates and
assesses actions by
individuals or
organisations
against legislation,
Reviews client
assessments and
associated service
delivery plans
Advocates more
complex cases to
represent the
organisation or
clients before a
range of review
forums, tribunals
and courts
Determines
operational service
delivery plans
based on accepted
standards
Recommends
resource allocation
to immediate
manager in order
to meet service
delivery priorities
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Table 22.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
individual licence
fees
Performs routine
service delivery
functions for
clients such as,
driving, food
preparation,
cleaning,
gardening,
assisting qualified
trade persons and
minor
maintenance
Operates and
maintains tools
and equipment
appropriate to the
function and level
of qualification
Consistent with the
development of
knowledge
specified at 2.1C,
participates in
routine
investigations
under direction and
provides evidence if
required
Reconciles, banks
monies and
manages petty cash
Assists in
preparing or
presenting cases in
a range of review
forums, tribunals
and courts
rules, regulations
and service
agreements
Advocates issues
involving
established
precedents before
a range of review
forums, tribunals
and courts
Participates in the
development of
strategies to
represent the
organisation or
clients, involving
complex and
challenging
problems
Recommends
strategies to
represent the
agency and/or
clients involving
complex and
challenging
problems
Manages
operational work
teams
Undertakes
advanced case
management,
which may include
cross agency
collaboration
Undertakes
complex or
technical
investigations and
makes
recommendations
for action
Technical/Specialist 1.1G 2.1G 2.2G 3.1G 3.2G 4.1G
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Table 22.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
Assists technicians,
scientists and
specialists in tasks
that are
straightforward
and use
established
techniques and
work practices
Operates and
maintains technical
or scientific
equipment
appropriate to the
function and level
of qualification
This level performs
routine technical
support functions
such as setting up a
laboratory,
cleaning
Conducts routine
scientific, technical
or specialist
procedures and
data collection,
collation and
analysis
Diagnoses and
corrects faults and
problems with
technical
equipment
Contributes to
scientific or
technical project
planning
Modifies routine
scientific, technical
or specialist
procedures to a
limited
specification
Exercises
discretion in use of
equipment and
actions to achieve
results within
specifications
Conducts small to
medium scientific,
technical or
specialist projects
defined by others
Undertakes
technical data
analysis in field of
expertise
Conducts field or
desk-top studies as
part of a team
Assembles non-
standard technical
systems or
equipment to a
specification
Leads a small
scientific, technical
or specialist team
Plan small to
medium scientific,
technical or
specialist projects
May control a
laboratory function
or field operation
where a range of
related technical
functions are
performed
Prepares complex
reports requiring
in-depth factual
analysis
Manages a
scientific, technical
or specialist team
and/or projects
Independently
performs
professional or
technical work at
an advanced level
in a narrow field of
expertise or on
research projects
Provides
professional
scientific, technical
or specialist advice
based on field of
expertise
Undertakes
technical data
analysis and
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Table 22.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
equipment, and
supporting field
work
modelling and
prepares reports
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Table 22.2: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Grade 5 Grade 6
Value Range VR 1 VR 2 VR 1 VR 2
Decision Making 5.1A 5.2A 6.1A 6.2A
Rules, Guidelines, and
Frameworks
Decisions often impact upon
staff, peers and clients outside
the immediate work area
Makes decisions in situations
where there is some, but not
definitive, precedent about
the application of an
organisational framework
Advice and analysis influences
policy development
Contributes to strategic
business planning
Interprets and applies
business plans and policies in
own area of responsibility and
provides advice to others on
implementation issues
Accountable for work
organisation, the allocation of
resources within and the
outputs required of the work
area
Decisions may set precedents
for peers
Develops business plans to
deliver on evolving
organisational priorities
Develops policy frameworks
within area of expertise or
responsibility based on
defined organisational
priorities
Participates in strategic
planning and contributes to
strategic decision making
process
Accountable for achievement
of established corporate
objectives including the
formulation and
implementation of local
business plans
Develops policies,
programs and initiatives
that impact on programs
or major functional
areas
Required to interpret
general policy
framework to make
decisions in the absence
of definitive operational
policies
Innovation and Originality Innovative thinking and
analysis influences
Solutions and thinking may
advance organisational
innovation or
Identifies and responds to
new and emerging strategic
Contributes advanced
expertise and
knowledge to strategic
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Table 22.2: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
developments within area of
responsibility
occupational/professional
knowledge
Creatively develops options in
a changing organisational
environment
issues impacting on the
operating environment
planning and decision
making processes
Communication 5.1B 5.2B 6.1B 6.2B
Initiates and maintains
relationships with peer and
senior internal and external
stakeholders
Focuses on understanding
stakeholder issues
Negotiates with stakeholders
and peers with the object of
gaining co-operation and
meeting timelines for delivery
of project, service or advice
Prepares technical reports at
an advanced professional level
Relies on formal and informal
communication channels to
achieve goals and engages
stakeholders to help them
identify areas and
opportunities for
improvement
Initiates and maintains
effective relationships with
internal and external
stakeholders at peer or senior
levels
Manages consultation
processes including
engagement with key
stakeholders.
Negotiates with stakeholders,
peers, industry bodies and
other government agencies
with the objective of gaining
co-operation, influencing
views and meeting timelines
for delivery of project, service
or advice
Purpose of communication
may be to resolve complex
issues through a process of
consultation and negotiation
Prepares technical reports at
an authoritative level
Develops briefs on highly
complex issues that provide
options for decision within an
organisation
Initiates and manages
negotiations with peers
(internal and external to work
unit) to gain commitment to
projects, and delivery of
activities to meet timelines
Provides and receives highly
complex, contentious or
sensitive information where
high levels of negotiation,
communication and
interpersonal skills are
required
Is required to use formal
and informal channels
to influence
organisation or program
management to achieve
goals
Influences stakeholders
holding competing
priorities and views
Briefs high level
stakeholders in own
area of expertise in a
variety of forums
Operates with loosely
defined hierarchies of
decision-making
Negotiates to resolve
differences to achieve
agreement to
project/program
May be required to
negotiate on the spot,
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Table 22.2: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Is influential in negotiations
with external suppliers of
major services
Explains highly complex
concepts, ideas and issues to
an executive (i.e. non-expert)
audience
Represents own work area
with external stakeholders,
and effectively manages
feedback
Confidently represents the
agency with external peers
and negotiate within
parameters agreed with
immediate manager
Focuses on understanding
stakeholder issues and
influencing their views
Provides authoritative expert
advice on complex issues
within own area
often on the basis of
limited information
Policy and Projects 5.1C 5.2C 6.1C 6.2C
Formulates policy options and
advice
Develops project briefs
consistent with business plan
direction
Manages and leads projects
Develops briefs on highly
complex issues that provide
options for discussion and
Advocates policy options
Manages and leads complex
projects
Responsible for operational
policy or service development
impacting on a major
functional area
Responsible for
implementation of endorsed
strategic policy within the
functional area
Routinely advises senior
stakeholders on policy issues
Responsible for
operational policy or
service development
that has significant
impact across functional
areas
Responsible for
implementation of
endorsed strategic
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Table 22.2: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
consideration and will
contribute to the
development of a set of final
options for decision
and solutions within a
functional area
policy across functional
areas
Area of expertise and
responsibility is
complicated by the scale
and difficulty of the
issues
Manages major projects
for the organisation
Provides policy advice
to government, senior
levels of the
organisation and key
external stakeholders
Administrative and
Corporate Support
5.1D 5.2D 6.1D 6.2D
Manages a discrete function
with limited budget or staff
responsibilities
Provides high level expertise
dealing with more complex
issues in a specialised
corporate support function
Manages a discrete function
with increased budget, staff
responsibilities, or sensitive
or complex issues
Provides professional
leadership in a specialised
corporate support function
Manages an area with
significant budget, staff
responsibilities or strategic
importance
Contributes to strategic
corporate initiatives and is
responsible for
implementation
Provides leadership and
guidance based on
advanced expertise
Manages a range of
strategic corporate
functions, each with
significant budget, staff
responsibilities or
strategic importance
Leads strategic
corporate initiatives
Operational Service
Delivery
5.1E 5.2E 6.1E 6.2E
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Table 22.2: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Manages cross-functional
delivery within a defined
service
Develops service plans and
delivery standards for the
area of responsibility
Determines service delivery
resource allocation
Provides specialist
professional services or
advice
Manages cross-functional
delivery of a defined service
with increased budget, staff
responsibilities, or sensitive
or complex issues
Provides specialist
professional services or
advice, including leadership
and guidance to other
specialists in the field
Manages a large scale
organisational service or
regional delivery function
Develops service delivery
models within business plans
and objectives
Provides highly specialist
services or expert advice on
service delivery
Provides leadership and
guidance based on
advanced expertise
Develops complex or
specialised service
delivery models
Responsible for meeting
service objectives,
including financial,
quality and time related
targets for programs or
major projects
Technical Specialist 5.1F 5.2F 6.1F 6.2F
Specialist in an area of their
profession and relied on for
advice in this field
Undertakes complex
independent scientific,
technical or specialist work
and analysis
Initiates research and analysis
within an area of expertise
consistent with organisational
objectives
Provides leadership and
guidance to other specialists
in the field
Contributes to the
development of standards
relating to the sector,
program or profession
Subject matter expert that
conceptualises, initiates,
implements, promotes and
evaluates complex and
innovative technical programs
Routinely advises senior
levels of the organisation on
policy issues and solutions
within a functional area
Develop technical or
professional standards for the
organisation
Area of expertise and
responsibility is
complicated by the scale
and difficulty of the
issues
Provides leadership and
guidance based on
advanced expertise
Knowledge and Proficiency 5.1G 5.2G 6.1G 6.2G
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Table 22.2: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Uses specialist knowledge
within a confined field to
challenge policies and
professional concepts. Applies
complex concepts to policy
development or research
Provides leadership in the
adaptation and application of
concepts to operational
matters within local work
area
Models high level leadership
attributes
Modifies and applies concepts
to new situations that may
impact beyond the immediate
work area
Provides leadership in the
application of concepts to
policy development
Uses knowledge of structures,
processes and culture of
government, the sector and
the Department to develop
policies and new program or
project initiatives
Applies complex concepts
drawn from non-related fields
to address policy issues
High level expertise in the
field or discipline
Proficiency and
expertise has a
significant impact on the
capability to deliver the
policy agenda, program
or project initiatives
High level expertise in
the program area
High level expertise in a
field or discipline that is
critical to the program
or organisation
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Table 22.3: VPS Grade Descriptors and Value Range Standard Descriptors - Senior Technical Specialist
Value Range VR 1 VR 2 VR 3
7.1A 7.2A 7.3A
Leads highly specialised professional
research, Provides professional
leadership in a major program or field
of research
Manages a significant professional
research institute or function with
significant resource management
responsibilities
Provide state-wide expertise within a
specific field of endeavour critical to the
agency’s overall program
Responsible for quality professional
outcomes of work
Understands the implications of the
work and its impact on/contribution to
Departmental or Government policy
Provides professional leadership and
development of staff in area of
professional expertise
Influences departmental policy
direction and may develop or change
policy as a result of specialised work or
research.
Responsible for the quality professional
outcomes of major projects
Departmental and State-wide
reputation is associated with positions
at this level
This value range is characterised by
work consistent with that expressed in
Value range 1 with broader scope,
complexity and impact
Provides authoritative advice and
leadership in area of expertise
Manages a professional discipline that
impacts on department wide
operations and provides high level
professional advice to programs across
the agency
Manages substantial resources
primarily associated with projects of
significance to the
Department/Government or within the
field of expertise
Provides professional leadership and
development of staff in area of
professional expertise including leading
and inspiring teams of fellow
professionals
Regarded as having the highest level of
expertise within the Agency and is
recognised nationally and
internationally in narrower fields
Expertise is of primary importance to
the Department/Government
Considerable resource management
responsibility primarily associated with
projects of primary importance to the
Department/Government or within the
field of scientific or professional
expertise
Manages capital management projects
in the order of multi-million dollar, cross
portfolio or major agency projects
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Table 22.3: VPS Grade Descriptors and Value Range Standard Descriptors - Senior Technical Specialist
Value Range VR 1 VR 2 VR 3
Decision Making 7.1B
Accountability and
Frameworks
Limited frameworks, precedents and
guidelines beyond broad Government
policy and professional discipline
standards
Generates strategic directions and
programs for the agency or the sector
Develops strategic frameworks for
research or industry development
Typically operates in an environment
with a high degree of sensitivity or risk
associated with the particular industry
sector, field or professional endeavour
Outcomes directly affect external
perceptions of the Department by
Government and the community
Influences the national and
international debate in the profession/
field of expertise
Innovation and
Originality
7.1C
Recognised nationally as a specialist in
a particular field and applies this
knowledge to achieve highly creative
and/or innovative solutions to major
challenges/ major projects
Identifies and responds to new and
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Table 22.3: VPS Grade Descriptors and Value Range Standard Descriptors - Senior Technical Specialist
Value Range VR 1 VR 2 VR 3
emerging issues in the field and their
longer term implications for the State
Communication 7.1D 7.2D 7.3D
Interacts with executives/ professional
staff within the organisation and with
other experts in the field/profession
Communicates at highest managerial
levels and with Ministers
Communicates externally across
industry. Can be at national and
international levels
Informs stakeholders of matters arising
from ‘professional/expert’ role. As an
expert, communication will rarely be
questioned
Close interaction with other
professionals in the field
Direct contact with senior political,
commercial, community or sector
stakeholders
Provides expert information and advice
on professional field of interest/major
project/s
Develops and utilises communication
networks to ensure appropriate
development and application of
research or project initiatives in
Develops and utilises national and
international communication networks
to ensure appropriate development and
application of research or project
initiatives in accordance with
government priorities
Negotiates elements of million dollar
projects or the involvement or
contribution of senior public or private
sector leaders
Initiates and negotiates joint research
programs with universities and other
agencies
Negotiates all aspects of multi-million
dollar projects to ensure they are on-
budget and on-time
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Table 22.3: VPS Grade Descriptors and Value Range Standard Descriptors - Senior Technical Specialist
Value Range VR 1 VR 2 VR 3
accordance with government priorities
Knowledge and
Proficiency
7.1E
Requires significant experience in the
field/area of expertise
Authoritative specialist/expert in the
field
Enhances the standing of the agency
and its reputation for excellence
Writes, publishes and presents
research, arguments and cases to peers,
stakeholders and senior management
Demonstrates strategic management
skills
Combines significant achievement with
a substantial body of demonstrated
effectiveness and professional
experience
Signatories
Architects Registration Board of Victoria Enterprise Agreement 2020
Signatories
SIGNED for and on behalf of CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION by
authorised officer
Si nature
KAREN BATT (or representative)
Secretary, CPSU /SPSF Victorian
Branch
Level 4/128 Exhibition Street, Melbourne
3000
Witness
Si nature:
Name of v,1itness:
o-AR-A-+t \lo91T
SIGNED for and on behalf of the ARCHITECTS REGISTRATION BOARD OF VICTORIA by
its authorised representatives:
Witness
Si nature~~
NAME G-L..e:N I GE. °M:) Name of witness:
Chief Executive Officer ~ h I ,J - - . -- r
ADDRESS 10/£33 Lot-.JSJt'.\LkSI, MaE . -,J0ttN ~~7 .JCoTT
149
OFFICIAL
Architects Registration Board of Victoria Enterprise Agreement 2020 Signatories Signatories SIGNED for and on behalf of CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION by authorised officer 21-4-2021 WC Townsend. Witness Signature Signature: per KAREN BATT (or representative) Name of witness: Secretary, CPSU/SPSF Victorian Branch SARAH KOPIJ Level 4/128 Exhibition Street, Melbourne 3000 SIGNED for and on behalf of the ARCHITECTS REGISTRATION BOARD OF VICTORIA by its authorised representatives: Witness Signature Signature: NAME GLENICE FOX Name of witness; Chief Executive Officer ADDRESS 10/533 LONSDALE ST, MELB. JOHN ROBERT SCOTT 149 OFFICIAL
OFFICIAL: Sensitive
IN THE FAIR WORK COMMISSION
FWC Matter No: AG2021/4848
Applicant: Architects Registration Board of Victoria
Section 185 - Application for approval of a single enterprise agreement
Undertaking - Section 190
I, Glenice Fox, Chief Executive Officer and. Registrar, have the authority given to me by the
Architects Registration Board of Victoria to give the following undertakings with respect to the
Architects Registration Board of Victoria Enterprise Agreement 2020 ("the Agreement"):
1. That the Agreement will be read as follows:
• Clause 44.2(b) will refer to clause 44.5 instead of clause 44.6.
• In clause 49.3 the phrase "Error! Reference source not found" will be replaced with
"clause 49.2".
• In clause 70.1 the phrase "except where otherwise provided in clause Error!
Reference source not found. Below" will be deleted.
2. That despite clauses 50.9(a) and 50.1 O(b) an employee may provide evidence that
would satisfy a reasonable person that the personal leave is being taken for a reason
provided for in clause 50.2.
3. That despite clause 53.4(b) an employee may provide evidence that would satisfy a
reasonable person that the compassionate leave is being taken for a reason provided
for in clause 53.1(a) and (b).
These undertakings are provided on the basis of issues raised by the Fair Work Commission
in the application before the Fair Work Commission.
Signature
16 May 2021
Date
OFFICIAL: Sensitive
OFFICIAL: Sensitive IN THE FAIR WORK COMMISSION FWC Matter No: AG2021/4848 Applicant: Architects Registration Board of Victoria Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 1, Glenice Fox, Chief Executive Officer and Registrar, have the authority given to me by the Architects Registration Board of Victoria to give the following undertakings with respect to the Architects Registration Board of Victoria Enterprise Agreement 2020 ("the Agreement"): 1. That the Agreement will be read as follows: · Clause 44.2(b) will refer to clause 44.5 instead of clause 44.6. In clause 49.3 the phrase "Error! Reference source not found" will be replaced with "clause 49.2". . In clause 70.1 the phrase "except where otherwise provided in clause Error! Reference source not found. Below" will be deleted. 2. That despite clauses 50.9(a) and 50.10(b) an employee may provide evidence that would satisfy a reasonable person that the personal leave is being taken for a reason provided for in clause 50.2. 3. That despite clause 53.4(b) an employee may provide evidence that would satisfy a reasonable person that the compassionate leave is being taken for a reason provided for in clause 53.1(a) and (b). These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. 88 Signature 16 May 2021 Date OFFICIAL: Sensitive
