Film Victoria Enterprise Agreement 2020.

1

Fair Work Act 2009 
s.185—Enterprise agreement

Film Victoria
(AG2021/5098)

FILM VICTORIA ENTERPRISE AGREEMENT 2020

State and Territory government administration

COMMISSIONER O'NEILL MELBOURNE, 24 MAY 2021

Application for approval of the Film Victoria Enterprise Agreement 2020.

[1] Film Victoria has applied for approval of an enterprise agreement known as the Film 
Victoria Enterprise Agreement 2020. The application was made pursuant to s.185 of the Fair 
Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is 
attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment 
to any employee covered by the Agreement and will not result in substantial changes to the 
Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking, I am satisfied that each of the requirements of ss.186, 187, 
188 and 190 as are relevant to this application for approval have been met.

[4] The CPSU, the Community and Public Sector Union, being a bargaining 
representative for the Agreement, has given notice under s.183 of the Act that it wants the 
Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the 
organisation.   The CPSU’s views of the undertaking offered by the Employer were sought, 
and no view was expressed.

[5] Whilst clause 55.16 – Parental Leave is likely to be inconsistent with the National 
Employment Standards (NES), the undertaking given satisfies me that the more beneficial 
entitlements of the NES will prevail where there is an inconsistency between the Agreement 
and the NES.

[2021] FWCA 2963

DECISION
FairWork 

Commission 


AUSTRALIA FairWork Commission




 



[2021] FWCA 2963

2

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
31 May 2021. The nominal expiry date of the Agreement is 20 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

AE511579  PR730104


THE FAIR WORK ADOTTALLA MMISSION THE SEAI




 



[2021] FWCA 2963

3

Annexure A

IN THE FAIR WORK COM M ISSION 

FWC Matter No.: AG2021/5098 

Applicant: Film Victoria 

Section 185 - Application for approval of a single enterprise agreement 

Undertaking-Section 190 

I, Liahn Nortje, Head of Corporate Services, have the authority given to me by Film Victoria to give 
the following undertakings with respect to the Film Victoria Enterprise Agreement 2020 ("the 
Agreement"}: 

1. The Agreement will be read and interpreted in conjunction with the National Employment 
Standards (N ES ). Where there is an inconsistency between the Agreement and the NES. and 
the NES provides a greater benefit, the NES provision will apply to the extent of the 
inconsistency. 

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

application before the Fair Work Commission. 

Signature 

May 19, 2021 
Date 


IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/5098

Applicant: Film Victoria Section 185 - Application for approval of a single enterprise agreement Undertaking -Section 190

I, Liahn Nortje, Head of Corporate Services, have the authority given to me by Film Victoria to give the following undertakings with respect to the Film Victoria Enterprise Agreement 2020 ("the Agreement"): 1. The Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature

May 19, 2021 Date




 



 

 

 

 

 

Film Victoria 
Enterprise Agreement 2020 

 






steele
Undertaking



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Film Victoria Enterprise Agreement 2020 

 

Table of Contents 

Part 1  Application and Operation of Agreement ...........................................................................................................1 
1. Title ...................................................................................................................................................................... 1 
2. Definitions and interpretation ............................................................................................................................. 1 
3. Commencement Date, Period of Operation and Renegotiation ......................................................................... 2 
4. Application of Agreement and Parties Covered .................................................................................................. 3 
5. Consultative Process ............................................................................................................................................ 4 
6. No Further Claims ................................................................................................................................................ 4 
7. Savings Provisions and Relationship with other Awards and Agreements .......................................................... 4 
8. Anti-Discrimination and Workplace Diversity ...................................................................................................... 5 

Part 2  Flexible Work .....................................................................................................................................................7 
9. Flexible Work ....................................................................................................................................................... 7 
10. Flexible Working Principles ................................................................................................................................. 8 
11. Flexible Work Allowance ..................................................................................................................................... 9 
12. Individual Flexibility Arrangements ..................................................................................................................... 9 
13. Flexible Working Arrangements – Specific Circumstances ............................................................................... 10 

Part 3  Communication, Consultation and Dispute Resolution ..................................................................................... 13 
14. Implementation of Change ............................................................................................................................... 13 
15. Consultation on Changes to Rosters or Hours of Work..................................................................................... 15 
16. Resolution of Disputes ...................................................................................................................................... 15 
17. Workload ........................................................................................................................................................... 18 

Part 4  Employment Relationship and Related Arrangements ..................................................................................... 20 
18. Secure Employment .......................................................................................................................................... 20 
19. Employment Categories and Entitlements ........................................................................................................ 21 
20. Usual Place or Places of Work ........................................................................................................................... 23 
21. Termination of Employment ............................................................................................................................. 27 
22. Costs of Employment Related Legal Proceedings ............................................................................................. 28 
23. Working From Home ......................................................................................................................................... 29 
24. Redeployment ................................................................................................................................................... 29 
25. Learning and development ............................................................................................................................... 30 
26. Management of Unsatisfactory Work Performance ......................................................................................... 31 
27. Management of Misconduct ............................................................................................................................. 36 

Part 5  Salary and Related Matters .............................................................................................................................. 42 
28. Classifications and Salaries ................................................................................................................................ 42 
29. Gender Equality ................................................................................................................................................. 43 
30. Performance Development and Progression within a Value Range ................................................................. 45 
31. Salary Increases ................................................................................................................................................. 50 
32. Casual Employees – Loading ............................................................................................................................. 51 
33. Supported Wage System ................................................................................................................................... 52 
34. Payment of Salaries ........................................................................................................................................... 52 
35. Salary Packaging ................................................................................................................................................ 52 
36. Allowances – Work or Conditions ..................................................................................................................... 52 
37. Reimbursement of Expenses ............................................................................................................................. 53 
38. Superannuation ................................................................................................................................................. 55 

Part 6   Hours of Work and Related Matters ................................................................................................................ 57 
39. Hours of Work ................................................................................................................................................... 57 
40. Rest and Meal Breaks ........................................................................................................................................ 57 
41. Overtime ........................................................................................................................................................... 58 








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Film Victoria Enterprise Agreement 2020 

 

42. Year End Closedown .......................................................................................................................................... 61 
43. Childcare ............................................................................................................................................................ 61 

Part 7  Leave of Absence and Public Holidays .............................................................................................................. 62 
44. Leave of Absence – General .............................................................................................................................. 62 
45. Annual Leave ..................................................................................................................................................... 63 
46. Cashing Out of Annual Leave ............................................................................................................................ 65 
47. Purchased Leave ................................................................................................................................................ 66 
48. Infectious Diseases ............................................................................................................................................ 67 
49. Dangerous Medical Conditions ......................................................................................................................... 67 
50. Public Holidays .................................................................................................................................................. 68 
51. Personal/ Carer’s Leave ..................................................................................................................................... 69 
52. Family Violence Leave ....................................................................................................................................... 74 
53. Military Service Sick Leave ................................................................................................................................ 76 
54. Compassionate Leave ........................................................................................................................................ 77 
55. Parental Leave ................................................................................................................................................... 78 
56. Surrogacy Leave ................................................................................................................................................ 90 
57. Foster and Kinship Care ..................................................................................................................................... 92 
58. Gender Transition Leave ................................................................................................................................... 93 
59. Leave to Attend Rehabilitation Program ........................................................................................................... 94 
60. Cultural and Ceremonial Leave ......................................................................................................................... 94 
61. Leave to participate in the First People’s Assembly of Victoria ........................................................................ 95 
62. Long Service Leave ............................................................................................................................................ 96 
63. Defence Reserve Leave ..................................................................................................................................... 99 
64. Jury Service ...................................................................................................................................................... 100 
65. Leave for Blood Donations .............................................................................................................................. 100 
66. Leave to Engage in Voluntary Management Activities .................................................................................... 100 
67. Leave for Community Contributions ............................................................................................................... 101 
68. Study Leave ..................................................................................................................................................... 101 
69. Other Leave ..................................................................................................................................................... 102 

Part 8   Occupational Health and Safety ..................................................................................................................... 103 
70. Accident Make-Up Pay .................................................................................................................................... 103 
71. Occupational Health and Safety and Rehabilitation ....................................................................................... 103 
72. Industrial Relations / Occupational Health and Safety Training...................................................................... 106 
73. Facilities, Equipment and Accommodation - General ..................................................................................... 106 
74. Agreement Compliance and Union Related Matters ...................................................................................... 106 
75. Right of Entry ................................................................................................................................................... 107 

Schedule A - Screen Industry Practitioners ................................................................................................................ 109 
1. Screen Industry Practitioners .............................................................................................................................. 109 

Schedule B - Supported Wage System ....................................................................................................................... 110 
1. Supported Wage System ..................................................................................................................................... 110 

Schedule C - VPS Salaries and Classification and Value Range Descriptors ................................................................. 113 
1. VPS Salaries .......................................................................................................................................................... 113 
2. VPS Career Structure Classification and Value Range Standard Descriptors ....................................................... 120 

 








1 

Film Victoria Enterprise Agreement 2020 
Part 1  Application and Operation of Agreement 

 

Part 1  Application and Operation of Agreement  

1. Title 

This Agreement will be known as the Film Victoria Enterprise Agreement 2020. 

2. Definitions and interpretation 

In this document, unless the contrary intention appears: 

2.1. 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. 

2.2. Agreement means the Film Victoria Enterprise Agreement 2020. 

2.3. 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. 

2.4. CPSU means the Community and Public Sector Union. 

2.5. 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. 

2.6. Employee means a person employed by Film Victoria or its successor(s) other than executive 
officers engaged on Victorian Public Entity Executive employment contracts. 

2.7. Employer means Film Victoria or its successor. 

2.8. Fortnightly Salary means an Employee’s annual Salary divided by 365.25 multiplied by 14. 

2.9. FWC means the Fair Work Commission or its successor. 

2.10. 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. 

2.11. Immediate Family means: 








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Film Victoria Enterprise Agreement 2020 
Part 1  Application and Operation of Agreement 

 

(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. 

2.12. 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. 

2.13. 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). 

2.14. NES means the National Employment Standards. 

2.15. Party or Parties means the Employer or the CPSU. 

2.16. PAA means the Public Administration Act 2004 (Vic) as may be amended from time to time, or 
any successor to that Act. 

2.17. Public Holiday means a day that is a public holiday pursuant to Clause 50. 

2.18. 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, travelling allowance, incidental expenses or any payment of a 
temporary character. 

2.19. Union means the Community and Public Sector Union (CPSU). 

2.20. VPS means the Victorian Public Service. 

3. Commencement Date, Period of Operation and Renegotiation 

3.1. 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. 

3.2. Employees to whom this Agreement applies will receive: 

(a) Salary increases as provided for in Clause 31, with the first increase payable with effect 
from 20 March 2020; and 

(b) increases to allowances except the Flexible Work Allowance under Clause 11, with the 
first increase payable with effect from 20 March 2020; and 

(c) the Flexible Work Allowance provided for in Clause 11, with the first payment with 
effect from 01 February 2021. 








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Film Victoria Enterprise Agreement 2020 
Part 1  Application and Operation of Agreement 

 

3.3. 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. 

3.4. Alterations to conditions of employment provided for in this Agreement will apply with effect 
from the commencement date of this Agreement, unless otherwise stated. 

3.5. With the aim of avoiding protracted negotiations for a new agreement, the parties to this 
agreement agree that:  

(a) each will aim to provide any proposals for a new agreement, including any changes to 
the agreement, within one month of approval to commence bargaining being approved 
(or as soon as practicable after that date). This may include using the new VPS Enterprise 
Agreement as a base for negotiations as part of the Employer’s commitment to align as 
closely as is financially and operationally practicable to the VPS Agreement; 

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

(c) the person/s responsible for negotiating will bring with them the necessary authority to 
represent their Party; 

(d) if agreement is not reached within 3 months of commencing bargaining the parties will 
discuss whether they should seek the assistance of a mutually agreed conciliator or the 
Fair Work Commission. This does not prevent the parties seeking assistance, by 
agreement, on any individual issue which is creating an impasse; 

(e) should conciliation be sought, then renegotiations may extend beyond 3 months of 
commencing negotiations; and 

(f) during this period, the parties to this agreement will not act in a manner that is designed 
to frustrate good faith bargaining.  

4. Application of Agreement and Parties Covered 

4.1. This Agreement is made under s172(2)(a) of the Fair Work Act 2009 between the Employer 
and its Non-Executive Employees. 

4.2. This Agreement covers: 

(a) The Employer in respect of all non-executive employees; 

(b) All non-executive employees; and 

(c) The CPSU, provided that the FWC in its decision to approve this Agreement notes that 
the Agreement covers the CPSU. 

4.3. 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. 








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Film Victoria Enterprise Agreement 2020 
Part 1  Application and Operation of Agreement 

 

5. Consultative Process 

5.1. Whilst recognising that the Board of the Employer has the ultimate responsibility to make 
decisions relating to the direction and operations of the Employer and that under the Film Act 
2001, the Employer is subject to the direction and control of the Minister, all parties to this 
Agreement accept that the best outcomes will be delivered for the Employer and its 
Employees if a culture of communication and consultation is encouraged. 

5.2. To facilitate this, the Employer will ensure a formal consultative process is continued to 
provide a regular forum for management, Employees and their nominated representative, 
which may be a union representative, to meet and discuss issues of concern for employees 
and consult on employment issues and the implementation of this Agreement.  

5.3. The Consultative Committee will meet as required, but no less than four times per year. 
Meetings will be arranged with sufficient notice and at times to suit all parties as far as is 
reasonably practicable. The meetings will be conducted in accordance with the Film Victoria 
Consultative Committee Terms of Reference.  

6. No Further Claims 

6.1. This Agreement is intended to set out, or set out processes for determining, all the terms and 
conditions of employment of the Employees 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. 

6.2. 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. 

7. Savings Provisions and Relationship with other Awards and Agreements 

7.1. 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. 

7.2. No Employee will, on balance, have their overall pay and conditions reduced as a result of 
making this Agreement. 

7.3. 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. 

7.4. A dispute or grievance that is being considered pursuant to Clause 10 of the Film Victoria 
Enterprise Agreement 2016 at the time this Agreement commences operation may continue 
to be considered pursuant to Clause 16 of this Agreement. 

7.5. Transitional arrangements apply to several entitlements in the Agreement, including: 








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Film Victoria Enterprise Agreement 2020 
Part 1  Application and Operation of Agreement 

 

(a) Performance Development and Progression within a Value Range (Clause 30); 

(b) Employer contributions in respect of Primary Caregiver Parental Leave (Clause 38.5); 

(c) Rest and Meal Breaks (Clause 40); 

(d) Overtime (Clause 41); 

(e) Personal/Carers Leave (Clause 51); 

(f) Parental Leave (Clause 55); 

(g) Surrogacy Leave (Clause 56). 

7.6. A transitional arrangement may require the continued application of provisions in the Film 
Victoria Enterprise Agreement 2016 for a short period of time. The continued application of 
previous arrangements is set out in the relevant clause and will apply as a term of this 
Agreement for the period of the transitional arrangement. 

8. Anti-Discrimination and Workplace Diversity 

8.1. 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. 

8.2. 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. 

8.3. Accordingly, in fulfilling their obligations under the procedures in Clause 16 (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. 

8.4. 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. 

8.5. The Employer will act in accordance with its obligations under: 

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








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Film Victoria Enterprise Agreement 2020 
Part 1  Application and Operation of Agreement 

 

(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.  








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Film Victoria Enterprise Agreement 2020 
Part 2  Flexible Work 

 

Part 2  Flexible Work  

9. Flexible Work 

9.1. 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. 

9.2. 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. 

9.3. Several provisions in this Agreement are available to facilitate an individual’s need for 
flexibility, consistent with business requirements and legislative obligations. 

Table 1 Summary of flexibility provisions 

Clause Title Summary of entitlement 
(see clause for full entitlement and any conditions) 

12 Individual Flexibility 
Arrangement (IFA) 

An IFA may vary the effect of Clause 39 (Hours of Work). 

13 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. 

19.4 Part-Time Employment Part time employment may be worked by agreement between 
the Employee and the Employer. 

23 Working from Home An individual Employee and Employer may agree to work from 
home on a case by case basis. 

39 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. 

47 Purchased Leave An Employee and Employer may agree to work less than 
52 weeks per year to increase the amount of leave available. 

52 Family Violence Leave An Employee experiencing family violence has an entitlement 
to additional leave and may request flexible work 
arrangements. 

55 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. 

  








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Film Victoria Enterprise Agreement 2020 
Part 2  Flexible Work 

 

10. Flexible Working Principles 

10.1. The Parties agree to interpret and apply this Agreement consistent with the following 
principles aimed at promoting workforce flexibility: 

(a) Flexibility is an enabler of inclusive workplace practices and important to the Parties’ 
commitment to building diverse, engaged and productive teams. 

(b) Flexibility can enable Employees to effectively balance their work and life commitments 
and goals. 

10.2. The Parties agree that the principles set out above will be operationalised during the life of 
the Agreement as follows:  

(a) All Employees may participate in flexible working arrangements including remote 
working arrangements. There are a range of reasons why this may be of value to all 
Parties beyond the specific circumstances provided for in Clause 13. 

(b) Remote working arrangements are to be agreed between the Employer and an 
individual Employee in line with the Employer’s Flexible Working Guidelines. 

(c) Remote working arrangements are to be agreed on a case-by-case basis and are subject 
to regular review to understand and monitor impact on organisational priorities. 
Managers and Employees will engage in open, honest conversations about remote 
working arrangements and share feedback about challenges and opportunities. 

(d) Individual arrangements will be determined by considering organisational, team and 
individual requirements. There is no one size fits all approach. 

(e) Employees are required to maintain a safe work environment when working remotely, 
which complies with Occupational Health and Safety guidance and direction provided 
by the Employer. 

(f) Employees must ensure that appropriate equipment and infrastructure (for example 
communications technology) is available to fulfil the requirements of their role, in 
accordance with any applicable Employer policy or procedure. 

(g) The establishment, provision and ongoing maintenance of safe and appropriate work 
environments and infrastructure may lead to additional costs incurred by Employees. 
The introduction of a Flexible Work Allowance in Clause 11 is in recognition of 
reasonable additional costs Employees may incur as a result of remote working 
arrangements. 

(h) Remote working will not be available as a substitute for personal leave or carer’s 
responsibilities. 

(i) Employees will ensure fitness for work requirements are met. If an Employee is unwell 
due to personal illness or unable to work due to other reasons such as carer’s 
responsibilities, then other appropriate leave entitlements are to be accessed (if any). 

(j) Employees are contactable and capable of fulfilling their duties at all times during the 
agreed work hours, unless otherwise agreed with their manager. 








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Film Victoria Enterprise Agreement 2020 
Part 2  Flexible Work 

 

(k) Flexibility regarding days worked remotely may be required. For example, in the event 
of all staff meetings, external meetings, board meetings, committee/panel meetings, 
training sessions or similar events. 

(l) Flexibility is enabled by organisational systems, processes, and services (including 
access to technology). 

11. Flexible Work Allowance 

11.1. The principles and arrangements in Clause 10 support the need for flexibility in where and 
how work is performed and acknowledge that there may be additional costs incurred by 
Employees in the establishment, provision and the ongoing maintenance of safe and 
appropriate work environments and infrastructure. 

11.2. In recognition of the Parties’ commitment to the flexible work principles outlined in Clause 10 
and the importance of flexible working arrangements, and to acknowledge the costs incurred 
in the establishment, provision and upkeep of safe work environments and infrastructure, all 
Employees covered by the Agreement will be paid a fortnightly Flexible Work Allowance 
equivalent to 1.25% of the highest point of each Value Range consistent with their position 
Grade as per Schedule C - VPS Salaries and Classification and Value Range Descriptors. 

11.3. The value of the allowance will be apportioned evenly across each fortnightly pay period and 
will be on a pro-rata basis for: 

(a) part-time employees based on their ordinary hours of work; and 

(b) casual employees based on their actual hours worked during a fortnightly pay period.  

The allowance is not applicable to any employee on unpaid leave arrangements. 

11.4. The payment will be made to all eligible Employees, regardless of their participation, or the 
frequency of participation in remote working arrangements.  

12. Individual Flexibility Arrangements 

12.1. An Employee and the Employer may enter into an individual flexibility arrangement pursuant 
to this clause in order to meet the genuine needs of both the Employee and the Employer. An 
individual flexibility arrangement must be genuinely agreed to by the Employee and Employer. 

12.2. An individual flexibility arrangement may vary the effect of Clause 39 (Hours of Work). 

12.3. An Employee may nominate a representative to assist in negotiations for an individual 
flexibility arrangement. 

12.4. 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 








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Film Victoria Enterprise Agreement 2020 
Part 2  Flexible Work 

 

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

12.5. 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. 

12.6. The Employer must give a copy of the individual flexibility arrangement to the Employee within 
14 days after it is agreed to. 

12.7. 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 

(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. 

13. Flexible Working Arrangements – Specific Circumstances 

13.1. 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. 








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Film Victoria Enterprise Agreement 2020 
Part 2  Flexible Work 

 

13.2. To avoid doubt, and without limiting Clause 13, 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; 

13.3. 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. 

13.4. 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. 

13.5. 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. 

13.6. 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. 

13.7. The Employer may only refuse the request on reasonable business grounds. 

13.8. Without limiting what are reasonable business grounds for the purposes of Clause 13.6, 
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 








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Film Victoria Enterprise Agreement 2020 
Part 2  Flexible Work 

 

(e) that the new working arrangements requested by the employee would be likely to have 
a significant negative impact on customer service. 

13.9. If the Employer refuses the request, the written response under Clause 13.5(c) 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. 

13.10. If the Employer and Employee reached an agreement under Clause 13.5(c) 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. 

  








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Part 3  Communication, Consultation and Dispute Resolution 

 

Part 3  Communication, Consultation and Dispute Resolution  

14. Implementation of Change 

14.1. 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. 

14.2. 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. 

14.3. Clause 14.2(f) is subject to the rights and obligations set out in Clause 20 (Usual Place or Places 
of Work). 

14.4. Relevant Employees means the Employees who may be affected by a change referred to in 
Clause 14.1. 

14.5. The Relevant Employees may appoint a representative for the purposes of the procedures of 
this clause. 

14.6. 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 

(b) the Employee or Employees advise the Employer of the identity of the representative. 








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Part 3  Communication, Consultation and Dispute Resolution 

 

14.7. 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 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. 

14.8. 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 be commensurate with the scale of the proposed 
major change and the likely significant effect for Employees. 

Table 2 Indicative reasonable timeframes 

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 

Meeting convened (if requested) 5 days following request for meeting 

Further Employer response (if relevant) 5 days following meeting 

Alternative proposal from Employees, their 
nominated representatives (if any) 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 

 

14.9. Any dispute concerning the Parties’ obligations under this clause will be dealt with in 
accordance with Clause 16 (Resolution of Disputes). 








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15. Consultation on Changes to Rosters or Hours of Work 

15.1. This clause applies if the Employer proposes to introduce a change to the regular roster or 
ordinary hours of work of Employees. 

15.2. 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 15.1.  

15.3. The Relevant Employees may appoint a representative for the purposes of the procedures in 
this clause. 

15.4. 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. 

15.5. 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 

(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). 

15.6. However, the Employer is not required to disclose confidential or commercially sensitive 
information to the relevant Employees. 

15.7. The Employer must give prompt and genuine consideration to matters raised about the 
change by the Relevant Employees. 

16. Resolution of Disputes 

16.1. For the purposes of this Clause 16, a dispute includes a grievance. 

16.2. Unless otherwise provided for in this Agreement, a dispute about a matter arising under this 
Agreement or the National Employment Standards set out in the FW Act, other than 
termination of employment, must be dealt with in accordance with this clause. To avoid doubt, 
a dispute about termination of employment cannot be dealt with under this clause. 








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Part 3  Communication, Consultation and Dispute Resolution 

 

16.3. 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. 

16.4. 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. 

16.5. 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. 

16.6. 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. 

16.7. Agreement and Dispute Settlement Facilitation 

(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. 

16.8. Discussion of Dispute 

(a) The dispute must first be discussed by the aggrieved Employee(s) with the immediate 
supervisor of the Employee(s). 








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Part 3  Communication, Consultation and Dispute Resolution 

 

(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. 

16.9. 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. 

16.10. Disputes of a Collective Character 

(a) The Parties acknowledge that disputes of a collective character concerning more than 
one Employee may be dealt with more expeditiously by an early reference to 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. 

16.11. 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 








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Film Victoria Enterprise Agreement 2020 
Part 3  Communication, Consultation and Dispute Resolution 

 

(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. 

16.12. 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 16.12(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. 

16.13. General Powers and Procedures of the FWC 

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. 

17. Workload 

17.1. The Employer acknowledges the benefits to both the organisation and individual Employee 
gained through Employees having a balance between both their professional and family life. 

17.2. The Employer further recognises that the allocation of work must include consideration of the 
Employee’s hours of work, health, safety and welfare. Work will be allocated so that there is 
not an allocation that routinely requires work to be undertaken beyond an Employee’s 
ordinary hours of work. 

17.3. An Employee or group of Employees may request a review of their workload if they believe 
the workload is unreasonable. The request must be made in writing and set out details of the 
workload of the Employee or group of Employees and the reasons why the workload is 
considered unreasonable. 

17.4. 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. 








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Film Victoria Enterprise Agreement 2020 
Part 3  Communication, Consultation and Dispute Resolution 

 

17.5. If the Employer refuses the request for a review, the written response under Clause 17.4 must 
include details of the reasons for the refusal. 

17.6. If the Employer agrees to the request, a review of the workload of the Employee or group of 
Employee’s will be conducted. 

17.7. 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. 

  








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Part 4  Employment Relationship and Related Arrangements 

 

Part 4  Employment Relationship and Related Arrangements 

18. Secure Employment 

18.1. The Employer acknowledges the positive impact that secure employment has on Employees 
and the provision of quality services to the Victorian community. 

18.2. The Employer will give preference to ongoing forms of employment over casual and fixed term 
arrangements wherever possible. 

18.3. 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 18.3(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) replacement of employees on a reduced working hours arrangement up to the 
date the child attends school in accordance with Clause 13; or 

(iii) meeting fluctuating client and employment needs and unexpected increased 
workloads; or 

(iv) undertaking a specified task which is funded for a specified period; or 

(v) filling a vacancy resulting from an Employee undertaking a temporary assignment 
or secondment; or 

(vi) temporarily filling a vacancy where, following an appropriate selection process, a 
suitable ongoing Employee is not available; or 

(vii) 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 three years, subject to Clause 55 (Parental 
Leave). 

(d) If a fixed term appointment is to be renewed, the Employee will be notified by the 
Employer at least four weeks before the expiry of the fixed term.  

(e) Fixed term appointments are not subject to notice of termination provisions contained 
in Clause 21 at the expiry of a contract. 

(f) Where an Employee is posted overseas the limitations on the use of fixed term 
employment outlined in this clause do not apply. 








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(g) Schedule A - Screen Industry Practitioners: outlines the appointment process for 
defined term screen industry practitioners.  

18.4. 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 18.4(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. 

(d) Except as expressly provided for, all other provisions of this Agreement apply to casual 
Employees. 

18.5. If the Union or affected Employees identify fixed term or casual employment that is considered 
not to meet the criteria established in Clauses 18.3 or 18.4 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 16  (Resolution of Disputes). 

18.6. Casual and Fixed Term Audit  

The Parties agree that over the life of the agreement they will audit of the use of casual and 
fixed term employment (casual and fixed term audit) and 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. 

19. Employment Categories and Entitlements 

19.1. Basis of Employment 

Employees may be employed on: 

(a) an ongoing basis; or 

(b) a fixed term basis; or 

(c) a casual basis. 

19.2. Job Information 








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(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 18.3. 

(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 the Employer’s structures and policies. 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. 

19.3. 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 Employer. ‘New Employee’ does not include an Employee with six 
months or more continuous employment in the Employer. 

(c) The Probationary Period of a New Employee is reduced by any period of continuous 
employment in the Employer, 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 19.3(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 








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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 sub clause. 

19.4. Part-time Employment 

(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: 

(i) the days 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) Hours agreed under Clause 19.4(c) will be considered the Employee’s ordinary hours. 

20. Usual Place or Places of Work 

20.1. The Employer must determine a usual place or places of work for an Employee. 

20.2. 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. 

20.3. For any change to an Employee’s usual place or places of work: 








24 

Film Victoria Enterprise Agreement 2020 
Part 4  Employment Relationship and Related Arrangements 

 

(a) The Employer must consider any alternative proposal put by an Employee who can 
demonstrate hardship in their personal circumstances arising from the change; and 

(b) The Employer must consider any specific needs of the Employee (for example, because 
of a disability) and whether because of that, the Employee would be adversely affected 
by a change to work location; and 

(c) The Employer must ensure that any mobility aids or reasonable adjustments in place for 
an Employee continue at the new place or places of work. 

20.4. Definitions 

(a) Work Area means the Melbourne CBD or a Suburb or Regional Town. 

(b) Melbourne CBD means any location on or within the areas, or a location in close 
proximity to any of these areas: 

(i) from Flinders Street to Queensberry Street; and 

(ii) from Spencer Street to Lansdowne Street; and 

(iii) from the corner of Queensberry and Peel Street south to the Queen Victoria 
Market and along Dudley Street to Spencer Street; and 

(iv) along Victoria Street to Rathdowne Street; and 

(v) the Docklands; and 

(vi) Southbank. 

(c) Suburb or Regional Town means the area covered by the official postal subdivisions 
which apply to the location and any adjacent Suburb or Town which is within close 
proximity to the location. 

20.5. Temporary change to usual place or places of work 

(a) Temporary change to usual place or places of work within a Work Area 

The Employer may change the usual place or places of work of an Employee within a 
Work Area by providing the Employee with at least 24 hours’ notice, or a lesser period 
if agreed. 

(b) Temporary change to usual place or places of work to a different Work Area 

(i) The Employer may change the usual place or places of work of an Employee to a 
different Work Area on a temporary basis, by providing the Employee with at 
least two weeks’ notice, or a lesser period if agreed. 

(ii) Any additional travelling time for the Employee arising from the change will be 
regarded as time worked. 

(iii) The Employer must have regard to the Employee’s practicable commuting 
options and personal circumstances, including childcare arrangements, in 
implementing the change. 








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20.6. Permanent change to usual place or places of work which does not require residential 
relocation 

(a) Permanent change to usual place or places of work within a Work Area 

The Employer may permanently change an Employee’s usual place or places of work 
within a Work Area by providing two weeks’ notice or a lesser period if agreed. The 
Employer must also pay the applicable disturbance allowance at Clause 20.6(c). 

(b) Permanent change to usual place or places of work to a different Work Area 

(i) The Employer may permanently change an Employee’s usual place or places of 
work to a different Work Area by: 

• providing notice as set out in Clause 20.6(b)(iii), or a lesser period if agreed, 
and 

• payment of the applicable disturbance allowance at Clause 20.6(c) in 
compensation for all disturbance factors arising from the change. 

(ii) The Employer must have regard to the Employee’s practicable commuting 
options and personal circumstances, including childcare arrangements, in 
implementing the change. 

(iii) The minimum notice period required for a permanent change to the usual place 
or places of work to a different Work Area is outlined in the table below. 

Table 3 Notice for a permanent change to usual place or places of work to a different Work Area 

Distance/Time Total notice period 
required 

For the first 30 mins of additional daily travel time required 
or 30 kilometres additional daily distance or part thereof 

2 weeks 

For between 31-60mins of additional daily travel time or 60 
kilometres additional daily distance or part thereof 

4 weeks 

For over 61mins of additional daily travel time or over 90 
kilometres additional daily distance or part thereof 

5 weeks 

 

(c) Disturbance allowance 

The Employee is entitled to a once only allowance in compensation for all disturbance 
factors arising from the change in accordance with Clause 20.6. The Employee will be 
paid for extra daily travel the greater of the distance or time calculation set out in the 
table below based on the most direct route to the new usual place or places of work. 








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Table 4 Disturbance allowance for extra travel distance or time per day 

Date of effect 

20 March 
2020 

1 December 
2020 

1 September 
2021 

1 June 
2022 

1 March 
2023 

1 December 
2023 

1. 10 Kilometres or less extra distance travelled 

No allowance payable 

2. 10 kilometres or more for the first 30 mins of extra travel time required or 30 
kilometres distance or part thereof 

$1,497 $1,516 $1,539 $1,558 $1,581 $1,597 

3. 31-60mins of extra travel time or 60 kilometres extra distance or part thereof 

$2,994 $3,032 $3,077 $3,116 $3,162 $3,194 

4. 61-90mins of extra travel time or 90 kilometres extra distance or part thereof 

$4,491 $4,548 $4,616 $4,673 $4,744 $4,791 

5. 91-120mins or more of extra travel time or 120 kilometres or more of extra distance or 
part thereof 

$5,989 $6,063 $6,154 $6,231 $6,325 $6,388 

6. Each extra 30 minutes or 30 kilometres or part thereof beyond that provided for above, 
where it is reasonable and safe for the Employee to travel to the new work location 

$1,497 $1,516 $1,539 $1,558 $1,581 $1,597 

 

20.7. Permanent relocation of the usual place of work requiring residential relocation 

(a) Residential relocation principles 

If the Employer considers that it is reasonable and necessary for an Employee to move 
residence as a result of relocation from one work location to another, and the relocation 
arises from promotion or transfer as a result of an advertised vacancy, or redeployment, 
the Employee will be entitled to: 

(i) up to three days’ paid leave associated with the relocation; and 

(ii) reimbursement of reasonable expenses associated with the relocation as per 
Clause 20.7(b). 

(b) Reasonable relocation expenses 

Relocation expenses include reasonable expenses directly incurred by the Employee 
and their family as a result of: 

(i) the journey to the new location, including meals and accommodation; 

I I I I I 

I I I I I 

I I I I I 

I I I I I 

I I I I I 

I I I I I 








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Film Victoria Enterprise Agreement 2020 
Part 4  Employment Relationship and Related Arrangements 

 

(ii) removal, storage and insurance; and 

(iii) selling and purchasing of a comparable residence. 

(c) Employee initiated changes 

An Employee may request a change to their usual place or places of work in accordance 
with Clause 13  (Flexible Work Arrangements – Specific Circumstances) or Clause 10 
(Flexible Working Principles). 

21. Termination of Employment 

21.1. 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. 

21.2. Notice of termination by Employer 

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

Table 5 Notice of termination by Employer 

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. 

21.3. Employee Resignation 








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(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. 

21.4. Abandonment of Employment 

(a) Abandonment of employment is the unapproved absence of an Employee without 
reasonable grounds as described in Clause 21.4(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. 

(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 21.2. 

21.5. 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. 

21.6. Rights Not Limited 

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

22. Costs of Employment Related Legal Proceedings 

22.1. If an Employee is required to attend or participate in a proceeding, hearing, examination, 
inquiry or investigative process on matters which arise from the performance of the 
Employee’s duties, 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 








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limited to, a matter before a Royal Commission, Independent Broad-based Anti-Corruption 
Commission, Ombudsman’s or a Coroner’s inquest. 

22.2. 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. 

22.3. 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. 

22.4. 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. 

22.5. 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. 

23. Working From Home 

23.1. Working from home arrangements may be agreed between the Employer and an individual 
Employee on a case by case basis. This may include remote working arrangements as referred 
to in Clauses 10 and 11. 

23.2. During the life of the Agreement, the Parties agree to review working from home 
arrangements taking into account the experience gained during the Coronavirus (COVID- 19) 
pandemic. 

24. Redeployment 

24.1. Any situation of redundancy, redeployment and retrenchment shall be managed in 
accordance with the Employer’s redeployment policy and the Victorian Government's public 
sector redundancy, redeployment and retrenchment policies applying at the time. These 
policies do not form part of this agreement. 

24.2. In managing redeployment, the Employer will identify any suitable alternative roles for the 
affected individual in situations in which the individual's training, knowledge and experience 
are relevant. 

24.3. The Employer will provide support and assistance to the affected individual throughout the 
redeployment period. 

24.4. The redeployment period will typically continue for an initial period of up to three months, 
although this can be reduced following consultation and agreement between the Employer 
and the affected individual. After three months, redeployment arrangements may be 
reviewed and the period extended if the CEO is confident that a successful placement within 
the Employer can be achieved. 








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24.5. Where suitable alternative roles cannot be identified within the Employer within the 
redeployment period, employment will be terminated and the affected individual will be 
provided with the current Victorian Government's public sector retrenchment package. 

25. Learning and development 

25.1. Provision of learning and development for all employees will continue to be a high priority 
during the life of this Agreement. The Employer is committed to promoting and developing 
the professional growth of employees, the capacities of the agency and a positive workplace 
culture to ensure the agency achieves its aims and objectives. 

25.2. Learning and development opportunities available to employees may include, but are not 
limited to the following: 

(a) Clarifying job tasks and responsibilities; 

(b) The development of employee capabilities to meet the objectives of the organisation; 

(c) The development of leadership and people management skills and capabilities; 

(d) Technical skills; 

(e) Improved skills in use of information technology to ensure maximum use of the 
capability of systems and equipment; and 

(f) Assisting employees to progress their career and personal goals. 

25.3. Where an approved learning and development program is undertaken during an employee's 
ordinary working hours, the Employer agrees to pay the employee that employee's ordinary 
pay. 

25.4. Where approved learning and development is undertaken outside of working hours the 
Employer will pay overtime or grant time off in lieu for attendance at a training course by 
agreement with the Employee. 

25.5. The Employer may pay/reimburse reasonable costs incurred in connection with the 
undertaking of learning and development, such as training/course fees (where applicable), 
accommodation and travel costs. The Employer agrees to reimburse the costs upon receipt of 
evidence of such expenditure. 

25.6. Where the Employer has agreed to pay/reimburse travel costs incurred by an employee 
undertaking learning and development in accordance with Clause 25.5, costs that exceed 
those normally incurred in traveling to and from work will be reimbursed. 

25.7. Where approved learning and development falls within Clause 25.2(f) and it is clear that the 
learning and development does not concern the development of employee capabilities to 
meet the objectives of the organisation or fulfil the requirements of organisational business 
plans or an employee's progression criteria the Employer has the discretion to: 

(a) Approve time off in lieu on an hour for hour basis; or 








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(b) Approve payment/reimbursement of reasonable costs only, with the employee 
undertaking the development activity in their own time. 

25.8. In some circumstances, by agreement between the parties, The Employer may provide an 
employee with the requisite time off only to attend a learning and development course. 

26. Management of Unsatisfactory Work Performance 

26.1. 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. 

26.2. Application 

(a) Subject to applicable Victorian and federal legislation, action taken by the Employer in 
relation to unsatisfactory work performance will be consistent with this clause. 

(b) This clause applies to all Employees except casual Employees and Employees subject to 

a probationary period of employment. 

26.3. Referred unsatisfactory work performance matters 

The Employer may at any time elect, where there is reasonable cause, to manage the 
Employee’s work performance in accordance with Clause 27 (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 
27  (Management of Misconduct). 

26.4. 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. 

26.5. Procedural fairness to apply 

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

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








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(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 26.9; 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 26. 

26.6. Employee Representation 

An Employee is entitled to be represented by a person of their choice (including a Union 
representative) at any stage of the formal review meetings of the unsatisfactory work 
performance management process.  

26.7. 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. 

26.8. Commencing the formal unsatisfactory work performance process 

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

(a) increased supervision; or 

(b) changes to the Employee’s performance plan; or 

(c) mentoring; or 








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(d) training and professional development; or 

(e) increased feedback; or 

(f) coaching; or 

(g) performance improvement plan. 

26.9. 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 Clause26.9(a)(iv) the 
Employer will notify the Employee that: 

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

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

A copy of this notification will be placed on the Employee’s personnel file. 








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26.10. Second stage – formal written warning 

(a) The Employee will be given a formal written warning by the Employer, if: 

(i) the Employee’s performance has not improved within the reasonable period 
following formal counselling in accordance with Clause 26.9(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 26.10(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. 

A copy of this notification will be placed on the Employee’s personnel file. 

26.11. Third stage – final warning 

(a) The Employee will be given a final written warning by the Employer if: 

(i) the Employee’s performance has not improved within the reasonable time period 
following receipt of a formal written warning in accordance with Clause 
26.10(b)(iv); or 








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(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 26.11(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. 

A copy of this notification will be placed on the Employee’s personnel file. 

26.12. Determination of unsatisfactory work performance outcome 

(a) In the event that the Employee’s performance has not improved within the reasonable 
time period following the process set out in Clauses 26.9 and 26.10 and on receipt by 
the Employee of the final written warning in accordance with Clause 26.11, the 
Employer will advise the Employee of the Employee’s continued or repeated 
unsatisfactory work performance and provide the Employee with a reasonable 
opportunity to respond. 

(b) After considering the Employee’s performance and response (including any failure to 
respond in accordance with Clause 26.12(a), the Employer will determine the 
unsatisfactory work performance outcome that is to apply to the Employee. 

(c) The possible outcomes are: 








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(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. 

26.13. Disputes 

Any dispute arising under this clause may only be dealt with in accordance with Clause 16 
(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 26.5 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 26.9(e), 26.10(e), or 26.11(e); 
or 

(e) a record of unsatisfactory work performance outcome. 

27. Management of Misconduct 

27.1. 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 

(d) manage the Employee’s performance in accordance with this Clause 27 instead of 
Clause 26 (Management of Unsatisfactory Work Performance) where the Employer 
determines that it would be more appropriate. 

27.2. 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. 








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27.3. 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 Employer or the public sector. 

27.4. Referred matters under Clause 26 

Any matters that have arisen under the management of unsatisfactory work performance 
process in Clause 26 may be considered in the misconduct process pursuant to this Clause 27. 

27.5. Employee representation 

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

27.6. Procedural fairness to apply 

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

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

(c) The Employer will: 

(i) advise the Employee of the purpose of any meetings; and 

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

(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 27. 

27.7. Directions 








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(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 27.10; and/or 

(ii) determine that it is appropriate to immediately commence an investigation of the 
alleged misconduct in accordance with Clause 27.10; 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 
27.7(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 27. 

27.8. Advising the Employee 

(a) As soon as practicable after an allegation of misconduct has been made and the 
Employer has determined in accordance with Clause 27.7(a)(i) or Clause 27.7(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. 

27.9. Admissions by Employee 

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

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

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

(ii) may proceed immediately to the determination of the misconduct Clause 27.12 
by advising the Employee of the proposed discipline outcome and giving the 








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Employee a reasonable opportunity to respond to the findings in accordance with 
Clause 27.11. 

27.10. Investigation of alleged misconduct 

(a) Where an investigation is required, the Employer will appoint a person to conduct an 
investigation into the alleged misconduct. Where appropriate, the investigation may be 
conducted by the Employee’s immediate manager. The appointed person must not 
have any prior personal involvement in the matter. 

(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. 

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

27.11. Opportunity for response by Employee 

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

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








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27.12. Determination of discipline outcome 

(a) The Employer will consider: 

(i) the findings of the investigator; and 

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

(iii) any response of the Employee (including any admission of misconduct under 
Clause 27.9); 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; 

• 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 20 (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 20 (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 27.12(b)(ii) to 27.12(b)(vii) 
together to form a single disciplinary outcome. 








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(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. 

27.13. 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. 

27.14. Disputes 

(a) Any dispute arising under this clause may only be dealt with in accordance with Clause 
16  (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 27.6  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 27.14(a), a party to a misconduct investigation, may use Clause 16  
(Resolution of Disputes) over the application of Clause 27.627.6(b) when: 

(i) a misconduct investigation under Clause 27.10 has not been completed within six 
months of the Employee being advised of alleged misconduct under Clause 27.8, 
and 

(ii) the party considers the delay to be unreasonably caused by the other party. 

27.15. Potential criminal conduct 

Where alleged misconduct that is the subject of a process in accordance with this Clause 27 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 27 but 
the Employer may exercise its discretion to do so. 

  








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Part 5  Salary and Related Matters  

28. Classifications and Salaries  

28.1. Positions will be classified within the VPS Structure.  

28.2. Classifications are divided into Grades and Value Ranges. 

28.3. 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 - VPS Salaries and Classification and Value Range Descriptors. 

28.4. 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. 

28.5. 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. 

28.6. 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: 

(a) an assessment of whether the existing remuneration of the individual would require 
paying above the base; and 

(b) for Grades 1 to 4, appointment will be to a Progression Step within the relevant Value 
Range; and   

(c) the gender equity effects of appointments. 

28.7. 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. 

28.8. 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. 








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29. Gender Equality 

29.1. Gender Pay Equity Principles 

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

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

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

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

(d) Relationship between paid and unpaid work: Employment and pay practices recognise 
and account for different patterns of labour force participation by 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: Workers, unions and employers work collaboratively to 
achieve mutually agreed outcomes. 

29.2. Meaning of ‘Pay’ 

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

29.3. Commitment to collaborative approach to achieving gender pay equity 

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

29.4. Claims relating to systemic gender equality issues 

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

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

(ii) The gender composition of governing bodies; or 

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

(iv) Sexual harassment in the workplace; or 








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(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) A class or group of employees and/or their representative (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 29.1; and 

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

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

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

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

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








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(vii) Must consider evidence that the Claim may not be isolated to the Employer 
subject to the Claim but may affect Employees from multiple VPS Employers or 
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 16.10 or 16.11. 

(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. 

30. Performance Development and Progression within a Value Range 

30.1. Transitional Arrangement 

(a) Performance development and progression arrangements for the Performance Cycle 1 
July 2019 to 30 June 2020, will be completed under existing performance development 
and progression arrangements in the Film Victoria Enterprise Agreement 2016. 

(b) The Performance development and progression arrangements outlined this clause, will 
operate for the Performance Cycle commencing 1 July 2020, with the following 
transitional arrangements: 

(i) Performance Development Plans agreed between 1 July 2020 and the 
commencement of this Agreement, prepared in accordance with the 








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performance development and progression arrangements in the Victorian Film 
Victoria Enterprise Agreement 2016, will be taken to have been prepared in 
accordance with this clause; 

(ii) An Employee appointed on probation between 1 July 2020 and the 
commencement of this Agreement will be eligible to access progression in 
accordance with Clause 19 of the Film Victoria Enterprise Agreement 2016 for the 
2020/21 Performance Cycle. 

(iii) An Employee who obtains a promotion to a position at a higher Grade or Value 
Range, or otherwise negotiated a salary increase, between 1 July 2020 and the 
commencement of this Agreement, will be eligible to access progression in 
accordance with Clause 19 of the Film Victoria Enterprise Agreement 2016 for the 
2020/21 Performance Cycle. 

(iv) The eligibility requirements set out at Clause 30.5 below apply on and from the 
date this Agreement commences operation. 

(v) The entitlement to additional Progression payments for Employees returning 
from Primary Caregiver Parental leave applies in respect of a period of Primary 
Caregiver Parental leave which commences on or after 1 July 2020. 

30.2. Performance Cycle and Review 

(a) The performance development and review process is the framework within which an 
Employee’s performance and development is planned, managed and reviewed to 
determine whether an Employee is entitled to Progression or a Top of Grade or Value 
Range Payment at the end of the Performance Cycle. 

(b) “Progression” means advancing to the next Progression Step for 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 - VPS Salaries and Classification and Value Range Descriptors. 

(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) During the 12-month performance cycle managers and employees will participate in a 
structured 6 month or mid-year check in meeting to review the progress of the 
employee’s performance and development. Outcomes of this meeting will be 
documented and recorded. 








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(h) All Employees can expect informal and formal feedback about their performance 
throughout the Performance Cycle from their supervisor or manager. 

30.3. Progression Criteria 

(a) The Progression Criteria are to be agreed with each Employee at the start of the 
Performance Cycle or on the Employee’s commencement in a role. The Progression 
Criteria may be adjusted at any time by agreement following a meeting during the 
Performance Cycle. 

(b) Setting Progression Criteria 

(i) For VPS Grades 1 to 4, Progression Criteria will not be as onerous as those 
required for VPS 5 through VPS 7. 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) In setting Progression Criteria for VPS 5 to VPS 7 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. 

(c) 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. 

30.4. Progression Steps, Progression Amounts and Top of Grade or Value Range payment 

(a) Within each Value Range of Grades 1 to 4 there are Progression Steps (expressed Salary 
points) as detailed in the table at Clause 1 of Schedule C - VPS Salaries and Classification 
and Value Range Descriptors. 

(b) Within VPS Grades 5 to 7 there are standard Progression Amounts as detailed in the 
table at Clause 1 of Schedule C - VPS Salaries and Classification and Value Range 
Descriptors. 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. 

(d) An Employee at the top of their Grade or Value Range who achieves Progression (as 
described in Clause 30.8), will, in lieu of a Progression Step or Progression Amount, 








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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. 

30.5. Eligibility requirements for Progression or a Top of Grade or Value Range Payment 

(a) Employees are eligible to be considered for a Progression or a Top of Grade or Value 
Range Payment unless any of the exclusions in Clause 30.5(b) apply. 

(b) An Employee is not eligible to be considered for a Progression or Top of Grade or Value 
Range Payment in respect of a Performance Cycle if: 

(i) the Employee has been continuously employed by the Employer for less than 12 
months as at the end of the Performance Cycle; or 

(ii) the Employee obtained a promotion to a position at a higher Grade or Value 
Range, or otherwise negotiated a salary increase, within the performance cycle; 
or 

(iii) the Employee was subject to a formal underperformance process under Clause 
26 at any time during the Performance Cycle; or 

(iv) the Employee is subject to proven misconduct as per Clause 27 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 27.12 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 27 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 28.5 
(Movement between Value Ranges). 

30.6. Eligibility requirements for Progression or Top of Grade or Value Range Payment – Higher 
Duties 

(a) If an Employee has been acting in a higher position for a period of twelve months at the 
end of the Performance Cycle and neither Clause 30.5(b)(ii), 30.5(b)(iii) or 30.5(b)(iv) 
apply to the Employee, the Employee will be eligible to be considered for Progression 
or a Top of Grade or Value Range 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). 








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(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 
30.5. 

30.7. Progression payments for Employees returning from Primary Caregiver Parental leave 

(a) An Employee is entitled to advance two progression steps or amounts or be paid two 
Top of Grade or Value Range 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. 

30.8. Achieving Progression or Top of Grade or Value Range Payment 

(a) Progression between progression steps or amounts or the payment of a Top of Grade 
or Value Range payment will occur if the Employee: 

(i) meets the eligibility requirements set out in Clause 30.5 or Clause 30.6 (as 
relevant); and 

(ii) is assessed as having met their Progression Criteria at the End of Cycle 
Performance Review. 

(b) An End of Cycle Performance Review is undertaken at the end of each Performance 
Cycle. The Employee’s performance against the Progression Criteria is assessed by their 
supervisor or manager at that time. 

(c) An Employee will not be disadvantaged where through the Employer’s act or omission: 

(i) learning and development opportunities are not available; or 

(ii) a Performance Development Plan is not completed, or 

(iii) a Mid-Cycle or End of Cycle Performance Review is not conducted. 








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(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. 

30.9. 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 30.9(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 30.5(b)(i) or 30.5(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 30.5(b)(i) or 30.5(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 30.9(b) is the date 18 months 
after the Employee commenced employment with the Employer (if Clause 30.5(b)(i) 
applies) or the date 18 months from the date of promotion for the purposes of Clause 
30.5(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. 

31. Salary Increases 

31.1. Salary Increases 

(a) Employees employed by the Employer at or after the date of commencement of this 
Agreement will receive the following Salary increases: 

Table 6 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% 

 








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(b) The Salary increases outlined in Clause 31.1 are to apply to the salary ranges set out in 
Schedule C - VPS Salaries and Classification and Value Range Descriptors. 

31.2. 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 
31.1. 

31.3. 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 31.1. 

(b) Exceptions to this include: 

(i) 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; and 

(ii) the Flexible Work Allowance. However, the value of the payment received by 
Employees will increase during the life of the Agreement given that the amount 
is linked to the highest point of each Value Range consistent with their position 
Grade. 

32. 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: 

32.1. payment for Public Holidays not worked; and  

32.2. annual leave and annual leave loading; and  

32.3. paid parental leave; and 

32.4. paid compassionate leave; and  

32.5. paid personal/carer’s leave; and  

32.6. jury service; and 

32.7. defence reserve leave; and  

32.8. accident make-up pay; and  

32.9. flexible working allowance; and 

32.10. leave to attend rehabilitation programs. 








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33. 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 - Supported Wage System. 

34. Payment of Salaries 

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

34.2. Where a normal payday falls on a Public Holiday the direct credit to the Employee’s nominated 
account must be made no later than the last working day prior to the Public Holiday. 

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

34.4. By agreement with the Employer, the Employee may authorise deductions from salary for 
forwarding to superannuation funds. 

34.5. In the event of an overpayment of salary, allowance, loading or other payment, the Employer 
must advise the Employee. Similarly, the Employee must advise the Employer if 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. 

35. Salary Packaging 

35.1. An Employee may enter into a salary packaging arrangement with the Employer using pre-tax 
salary in respect of superannuation, a novated lease and/or other approved benefits under 
State or Federal legislation. In the case of salary sacrifice to State Government defined benefit 
superannuation schemes, arrangements must comply with State legislation. 

35.2. All costs associated with salary packaging, including the Employer’s reasonable administrative 
costs, are to be met from the salary of the participating Employee. 

36. Allowances – Work or Conditions 

36.1. 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. 

36.2. 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: 








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(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 7 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. 

36.3. Higher duties allowance 

(a) When does higher duties allowance apply 

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

(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. 

37. Reimbursement of Expenses 

37.1. 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. 








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(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. 

(d) If an Employee is in receipt of the Flexible Work Allowance under Clause 11, the 
Employee will not be entitled to claim reimbursement for expenses associated with 
working remotely including but not limited to reimbursement for business related use 
of a private mobile phone, internet or home phone, unless otherwise agreed. In 
addition, as per Clause 10.2(g) Employees in receipt of the Flexible Work Allowance will 
not be entitled to reimbursement for any expenses that they may incur as a result of 
remote working arrangements including but not limited to any additional costs 
associated with the establishment, provision and ongoing maintenance of safe and 
appropriate work environments and infrastructure. 

37.2. 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 
37.3; and 

(c) expenses incurred in using private vehicles in accordance with Clause 37.4. 

37.3. 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. 

37.4. 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. 

(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. 








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(d) The rates payable in respect of motor kilometre costs will be the rates determined by 
the Australian Tax Office from time to time. 

37.5. 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 37.4(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. 

37.6. 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. 

37.7. 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. 

38. Superannuation 

38.1. 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. 

38.2. 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. 

38.3. Voluntary Employee contributions 








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(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 
38.2. 

(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 38.3(a) or 38.3(b) no later 
than 28 days after the end of the month in which the deduction authorised under 
Clauses 38.3(a) or 38.3(b) was made. 

38.4. Superannuation fund 

All employees regardless of age will become members of VicSuper unless the employee elects 
to have employer and personal contributions made to another complying superannuation 
fund approved by the Australian Prudential Regulations Authority. 

38.5. 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 01 
February 2021. 

(b) The Employer will pay the superannuation contribution balances as a lump sum to the 
Employee’s fund as provided for in Clause 38.4. 

(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. 

(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 55.25 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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Part 6   Hours of Work and Related Matters 

39. Hours of Work 

39.1. 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. 

39.2. 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 16 (Resolution of Disputes). 

(ii) The Employer must not require an Employee to: 

• perform ordinary hours of work outside the times of 7.30am to 7.30pm 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. 

40. Rest and Meal Breaks 

40.1. Rest periods between periods of duty 

(a) Other than in exceptional circumstances, an Employee must not be required to perform 
a further period of overtime duty or a period of ordinary duty if 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. 

(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 40.1(a).  








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(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 
41 for all time worked until a rest period of at least ten hours continuous duration is 
taken. 

40.2. Meal Breaks 

(a) The Employer will grant meal breaks at times suitable to operational requirements, 
taking into account the wishes of the Employee. 

(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 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. 

41. Overtime 

41.1. Overtime means the hours worked at the direction of the Employer, which are: 

(a) in addition to an Employee’s ordinary daily hours of work on any day established in 
accordance with Clause 39; or 

(b) worked without the provision of a ten-hour rest break in accordance with Clause 40.1 
(Rest periods between periods of duty). 

41.2. Reasonable Hours of Work 

(a) Subject to Clause 41.2(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. 

41.3. Requirement to pay overtime 








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(a) An Employee who is required by the Employer to work overtime will be paid at the 
appropriate overtime rate specified in Clause 41.5. Exceptions are provided at Clause 
41.4. 

(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 41.6. 

(c) The Employer may on occasion have cause to offer an Employee the opportunity to 
work overtime (for example, to assist with events that the Employer participates in on 
weekends). On such occasions, the Employer may offer this overtime as time in lieu of 
payment at the rate specified in Clause 41.6.  

41.4. Exceptions 

Clause 41.3 does not apply to Employees classified as Grade 5 or higher. 

41.5. Overtime – Rates of payment 

(a) Where an Employee is paid for overtime work pursuant to Clause 41.3 the following 
overtime rates will be paid:  

Table 8 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. 

41.6. 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 on the following basis: 

(i) Employees VPS 1 to 4 – two hours of time in lieu per hour worked; 

(ii) Employees VPS 5 and above - on an hour for hour basis.  

41.7. 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. 








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(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.  

(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. 

41.8. 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. 

41.9. Overtime – staff working less than 38 hours a week 

A part-time Employee, must be compensated for overtime in accordance with Clause 41.3 for 
work performed: 

(a) outside the span of hours in Clause 39; or 

(b) outside the Employee’s agreed hours. 

41.10. Overtime Meal Payment 

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

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

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

(b) The overtime meal payment payable to an Employee is set out below: 

Table 9 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. 








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42. Year End Closedown 

42.1. 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). 

42.2. 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 

(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. 

42.3. The relevant Employees may request to take part or all of the closedown period as unpaid 
leave, instead of utilising a paid entitlement under Clause 42.2(b).  

42.4. 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. 

43. 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.  








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Part 7  Leave of Absence and Public Holidays  

44. Leave of Absence – General 

44.1. 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. 

44.2. Recognition of service for long service leave  

(a) Within 6 months of commencement with the Employer, an Employee may seek 
recognition of previous service for long service leave purposes. The service that will be 
recognised for such purposes includes: 

(i) Any service with a State, Commonwealth or Territory of Australia Government 
Department or Public Service authority (means an authority, whether 
incorporated or not, that is constituted by or under a law of a State, the 
Commonwealth or a Territory of Australia for a public purpose); or 

(ii) Any service with a public entity under the Public Administration Act 2004 (Vic); or 

(iii) Any service with a local governing body that is established by or under a law of 
Victoria. 

(b) Notwithstanding the above, the Employer may recognise any service with a public 
sector authority or local governing body of the Commonwealth, a State other than 
Victoria or a Territory of Australia. 

(c) The service, which will be recognised under this clause does not include a period of 
service: 

(i) Which preceded a continuous gap in approved service of greater than 12 months 
other than: 

• An absence of 3 years or less in the nature of retirement occasioned by 
disability; 

• An absence of 2 years or less which in the opinion of the Employer was caused 
by special circumstances; 

(d) During any absence from duty on maternity, paternity or adoption leave without pay; 

(e) During any other absence on leave without pay; 

(f) During any absence from duty when the employee was in receipt of weekly payments 
of compensation under the Accident Compensation Act 1985 or any corresponding 
previous enactment, other than the first 12 months of that period; 








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(g) Which preceded the resignation of the employee from the public service or the 
termination of the employee's employment in the public service if on that resignation 
or termination the employee received a sum characterised as a voluntary departure 
package or a targeted separation payment that was additional to his or her entitlements 
under any Act or Agreement. 

44.3. Leave entitlements for Employees in receipt of workers compensation payment 

(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 62.5(c). 

45. Annual Leave 

45.1. Entitlement to annual leave 

An Employee, other than a casual Employee, is entitled to four weeks paid annual leave for 
each calendar year of employment.  A part time employee is entitled to receive annual leave 
on a pro-rata basis. The entitlement accrues on a daily basis. 

45.2. 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 Clause 45.5. 

(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. 

45.3. Payment whilst on annual leave 

(a) Subject to Clause 45.3(b), each Employee who takes annual leave is entitled to be paid 
in addition to their salary an annual leave allowance at the rate of 17.5 per cent of the 
Employee’s salary for the period of annual leave; 

(b) The maximum allowance payable under Clause 45.3(a) will not exceed an amount 
calculated in respect of a salary at the top of Grade 4. 








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45.4. 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 45.4 shall be calculated in accordance with Clause 45.3. 

45.5. 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 45.5(b)(ii)  or an Employee can give notice 
of leave to be granted under Clause 45.5(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 45.5(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 four 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 45.5(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 

• 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. 

-








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(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 45.5(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 45.5(b)(ii) that will eliminate the Employee’s excessive leave 
accrual. 

(ii) If agreement is not reached under Clause 45.5(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. 

(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 45.5. 

A dispute in relation to the operation of this clause may be dealt with in accordance 
with Clause 16  (Resolution of Disputes). 

46. Cashing Out of Annual Leave 

46.1. Annual leave must not be cashed out except in accordance with this clause. 

46.2. 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: 








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(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. 

47. Purchased Leave 

47.1. An Employee may, with the agreement of the Employer, work less than 52 weeks per year. 
Access to this entitlement may only be granted on application from an Employee and cannot 
be required as a precondition for employment. 

47.2. 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 45.545.5(b)(i)). 

47.3. 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 arrangement, will be considered by the Employer in 
assessing the Employee’s application for purchased leave. 

47.4. Where the Employer and an Employee agree on an employment arrangement under Clause 
47.1, the annual salary applicable to an Employee relative to the additional leave purchased 
will be as follows: 








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Table 10 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. 

47.5. 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. 

47.6. 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. 

48. 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. 

49. 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 








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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. 

50. Public Holidays 

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

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

50.2. Prescribed substitute and additional public holidays 

(a) Christmas Day (25 December) 

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

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

(b) Boxing Day 

(i) When Boxing Day is a Saturday an additional holiday will be observed the next 
Monday. 

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

(c) New Year’s Day 

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. 

50.3. 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 Clause 50.1, those days shall 
constitute additional or substituted holidays for the purpose of this Agreement for Employees 
who have their place of principal employment in a municipality to which the additional or 
substituted Public Holiday applies. 








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50.4. 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. 

51. Personal/ Carer’s Leave 

51.1. Definitions 

In this clause: 

(a) Assistance Animal means an animal formally trained to assist a person with a disability 
to alleviate the effect of their disability. This includes 

(i) a guide dog for people with vision impairment, or 

(ii) hearing dogs for people with hearing impairment, or 

(iii) assistance dogs for people with a physical disability, or 

(iv) medical alert animals that help people before and during a medical emergency, 
or 

(v) psychiatric service animals that help people with a mental illness, or 

(vi) 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. 

51.2. 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, 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. 

51.3. 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 








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(iv) attendance at a medical appointment with a Registered Practitioner, subject to 
Clause 51.7. 

51.4. Amount and Accrual of Paid Personal/Carers Leave 

(a) A full time Employee is entitled to paid personal/carer’s leave of 114 hours. 

(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. 

51.5. 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 of a full-time day will be paid for the 
hours they would have been paid had they been at work. 

51.6. 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 or shift. 

(b) For full-time Employees and part-time Employees who work the equivalent of a full-
time day 

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; 








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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 / carer’s leave taken

Employee’s ordinary hours of work on the day �× 7.6 hours 

(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. 

51.7. 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 51.9 and evidence in 
accordance with Clause 51.10(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. 

51.8. 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 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. 

51.9. 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. 

51.10. Evidence Requirements 








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(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 51.1. 

• The form of evidence may include an accreditation certificate, proof of 
training or a statutory declaration stating the animal is an Assistance Animal. 

51.11. Exceptions 

(a) In each year of employment, the following exceptions apply to the evidence 
requirements in Clause 51.10: 

(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 51.10. 

(ii) Despite Clause 51.11(a)(i) an Employee must provide appropriate evidence to the 
Employer as set out in Clause 51.10 for 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. 








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(c) Despite Clause 51.11(a), the Employer may require that an Employee provide 
appropriate documentary evidence in accordance with Clause 51.10. 

51.12. 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. 

51.13. 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 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. 

51.14. 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. 

51.15. 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. 

51.16. 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. 

51.17. Unpaid personal leave 








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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. 

51.18. 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 
51.3(a)(ii)  or 51.3(a)(iii) providing the Employee complies with the notice and evidence 
requirements outlined in Clause 51.10(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. 

51.19. 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, 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 51. 

52. Family Violence Leave 

52.1. 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. 

52.2. Definition of Family Violence 








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

52.3. Eligibility 

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

(b) Casual Employees are entitled to access leave without pay for family violence purposes. 
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. 

52.4. General Measures 

(a) Evidence of family violence may be required and can be in the form of an agreed 
document issued by the Police Service, a Court, a registered health practitioner, a Family 
Violence Support Service, district nurse, maternal and health care nurse or Lawyer. A 
signed statutory declaration can also be offered as evidence. 

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

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

(d) The Employer will identify contact/s within the workplace who will be trained in family 
violence and associated privacy issues. The Employer will advertise the name of any 
Family Violence contacts within the workplace. 

(e) An Employee experiencing family violence may raise the issue with their immediate 
supervisor, Family Violence contacts, union delegate or nominated Human Resources 
contact. The immediate supervisor may seek advice from Human Resources if the 
Employee chooses not to see the Human Resources or Family Violence contact. 

(f) Where requested by an Employee, the Human Resources contact will liaise with the 
Employee’s manager on the Employee’s behalf, and will make a recommendation on 
the most appropriate form of support to provide in accordance with Clause 52.5 and 
Clause 52.6. 

(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. 

52.5. Leave 

(a) An Employee experiencing family violence will have access to up to 20 days per calendar 
year of paid special leave for medical appointments, legal proceedings and other 
activities related to family violence (this leave is not cumulative but if the leave is 
exhausted consideration will be given to providing additional leave). This leave will be 
in addition to existing leave entitlements and may be taken as consecutive or single days 
or as a fraction of a day and can be taken without prior approval. 








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(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 52.4(a) from 
an Employee seeking to utilise their personal/carer’s leave entitlement. 

52.6. Individual Support 

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

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

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

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

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

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

(b) Any changes to an Employee’s role should be reviewed at agreed periods. When an 
Employee is no longer experiencing family violence, the terms and conditions of 
employment may revert back to the terms and conditions applicable to the Employee’s 
substantive position. 

(c) An Employee experiencing family violence will be offered access to the Employee 
Assistance Program (EAP) and/or other available local Employee support resources. The 
EAP shall include professionals trained specifically in family violence. 

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

53. Military Service Sick Leave 

53.1. 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 Employer from the conclusion of the Employee’s operational, 
peacekeeping or hazardous service. 

53.2. Leave under this clause will be cumulative to a maximum of 760 hours.  

53.3. This leave is in addition to personal leave under Clause 51. 

53.4. 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 51.10(a).  








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53.5. For each period of special leave taken, the Employee must comply with the notice and 
evidence requirements outlined in Clause 51. 

54. Compassionate Leave 

54.1. 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, 

each of which constitutes a permissible occasion for the purposes of this Clause 54. 

(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 54.1(a); or 

(ii) after the death of a member of the Employee’s Immediate Family or household 
referred to in Clause 54.1(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. 

54.2. 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. 

54.3. 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 60.4. 

54.4. Notice and Evidence Requirements 








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(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 51.1, 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. 

54.5. Other significant family or personal connections 

An Employee may, at the discretion of the Employer, be granted compassionate leave with or 
without pay when a person with a significant family or personal connection to the Employee, 
but who is not a member of the Employee’s Immediate Family (as defined in Clause 2.11) or 
household, dies or sustains a personal illness or injury that poses a serious threat to that 
person’s life. 

55. Parental Leave 

55.1. Application 

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

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

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

(b) An Employee currently on parental leave (excluding an Employee on Extended Family 
Leave under Clause 55.33) is not required to return to work in order to access a further 
period of parental leave under this clause. 

55.2. Definitions 

For the purposes of this clause: 

(a) Eligible Employee means: 

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

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








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(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 55.2(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 

• 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); 

55.3. Summary of Parental Leave Entitlements 

The entitlements are summarised in the table below: 








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Table 11 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 

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 

 

55.4. Parental Leave – Primary Caregiver 

(a) An Eligible Employee, who has, or will have, completed at least three months paid 
Continuous Service and who will be the Primary Caregiver at the time of the birth or 
adoption of their Child, is entitled to up to 52 weeks parental leave, comprising: 

(i) 16 weeks paid parental leave; and 

(ii) up to 36 weeks unpaid parental leave. 

(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 








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(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. 

55.5. Parental Leave – Secondary Caregiver 

(a) An Eligible Employee who has, or will have, completed at least three months paid 
Continuous Service and who will be the Secondary Caregiver at the time of the birth or 
adoption of their Child, is entitled to up to 52 weeks parental leave, comprising: 

(i) 4 weeks paid parental leave; and 

(ii) 12 weeks Additional paid Secondary Caregiver parental leave, subject to the 
conditions in Clause 55.6, 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. 

55.6. Additional paid leave for Secondary Caregiver 

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

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

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

(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.  

55.7. Pre-Natal Leave 

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








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(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. 

55.8. Pre-adoption Leave 

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

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

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

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

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

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

55.9. Permanent Care Leave 

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

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

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

55.10. Grandparent Leave 

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

55.11. Access to parental leave for an Employee whose Child is born by surrogate 








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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 56. 

55.12. Continuing to work while pregnant 

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

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

(ii) is on paid leave under Clause 55.14(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. 

55.13. Personal/Carer’s Leave 

A pregnant Employee, not then on parental leave, who is suffering from an illness whether 
related or not to the pregnancy, may take any paid and/or unpaid personal/carer’s leave in 
accordance with Clause 51. 

55.14. Transfer to a Safe Job 

(a) Where an Employee is pregnant and, in the opinion of a registered medical practitioner, 
illness or risks arising out of the pregnancy or hazards connected with the work assigned 
to the Employee make it inadvisable for the Employee to continue at their present work, 
the Employee will, if the Employer deems it practicable, be transferred to a safe job with 
no other change to the Employee’s terms and conditions of employment until the 
commencement of parental leave. 

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

(i) when the Employee is certified unfit to work during the six week period before 
the expected date of birth by a registered medical practitioner; or 

(ii) when the Employee’s pregnancy results in the birth of a living child or when the 
Employee’s pregnancy ends otherwise than with the birth of a living child. 

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

55.15. Special Parental Leave 








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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 51; 

(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 55.3 and thereafter, to unpaid 
special maternity leave. 

55.16. Notice and evidence requirements 

(a) An Employee must give at least 10 weeks written notice of the intention to take parental 
leave, including the proposed start and end dates. At this time, the Employee must also 
provide a statutory declaration stating: 

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

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

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

(b) At least four weeks before the intended commencement of parental leave, the 
Employee must confirm in writing the intended start and end dates of the parental 
leave, or advise the Employer of any changes to the notice provided in Clause 55.16(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. 

55.17. Commencement of parental leave 

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








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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 55.6, 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. 

55.18. Rules for taking parental leave entitlements 

(a) Parental leave is to be available to only one parent at a time, except parents may take 
up to eight weeks leave concurrently with each other, comprising any paid leave to 
which the Employee may be eligible for under Clause 55.3 or unpaid, in connection with 
the birth or adoption of their Child (Concurrent Leave). 

(i) Concurrent Leave may commence one week prior to the expected date of birth 
of the Child or the time of placement in the case of adoption. 

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

(b) While an Employee’s eligibility for parental leave is determined at the time of birth or 
adoption of the Child, the Employee and Employer may agree to permit the Employee 
to use the paid leave entitlements outlined in this clause at any time within the first 52 
weeks of parental leave, or where an extension is granted under Clause 55.23(b), within 
the first 78 weeks where Clause 55.6 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. 

55.19. Using other accrued leave in conjunction with Parental Leave 

An Employee may in lieu of or in conjunction with parental leave, access any annual leave or 
long service leave entitlements which they have accrued subject to the total amount of leave 
not exceeding 52 weeks or a longer period as agreed under Clause 55.23(b).  

55.20. Public holidays during a period of paid parental leave 

Where a Public Holiday occurs during a period of paid parental leave, the Public Holiday is not 
to be regarded as part of the paid parental leave and the Employer will grant the Employee a 








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

55.21. Effect of unpaid parental leave on an Employee’s continuity of employment 

Other than provided for in Clause 62 (Long Service Leave), unpaid parental leave under Clauses 
55.4, 55.5, 55.23 and 55.29 shall not break an Employee’s continuity of employment but it will 
not count as service for leave accrual or other purposes. 

55.22. Keeping in touch days 

(a) During a period of parental leave, the Employer and Employee may agree to perform 
work for the purpose of keeping in touch in order to facilitate a return to employment 
at the end of the period of leave. 

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

55.23. Extending parental leave 

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

(i) An Employee, who is on an initial period of parental leave of less than 52 weeks 
under Clause 55.4 or 55.5, 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 55.4 or 55.5 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. 








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(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. 

55.24. Total period of parental leave 

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

(b) In the case of a couple, the total period of parental leave for both parents combined, 
including any extensions, must not extend beyond 24 months. The Employee’s 
entitlement to parental leave under Clause 55.4 or 55.5 will reduce by the period of any 
extension taken by a member of the couple under Clause 55.23. 

55.25. Calculation of pay for the purposes of parental leave 

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

(b) Where an Employee has less than three years of service the Averaging Period will be 
their total period of service with the Employer. 

(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 55.30(c).  

(d) For the purposes of Clause 55.25(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 55.25(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. 

55.26. Half Pay 

The Employee may elect to take any paid parental leave entitlement at half pay for a period 
equal to twice the period to which the Employee would otherwise be entitled. 








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55.27. Employer Superannuation contributions in respect of Primary Caregiver Parental Leave 

An Employee who returns to work at the conclusion of a period of Primary Caregiver Parental 
Leave will be entitled to have superannuation contributions made in respect of the period of 
the Employee’s Primary Caregiver Parental Leave, subject to requirements in Clause 38.5  
(Superannuation). 

55.28. Effect of parental leave on progression for Primary Caregivers 

An Employee who returns to work at the conclusion of a period of Primary Caregiver Parental 
Leave may be entitled to Progression Steps or Amounts forgone as a result of being on parental 
leave in accordance with Clause 30 (Performance Development and Progression). 

55.29. Commonwealth Paid Parental Leave 

Paid parental leave entitlements outlined in this clause are in addition to any payments which 
may be available under the Commonwealth Paid Parental Leave Scheme. 

55.30. Returning to Work 

(a) Returning to work early 

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

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

(b) Returning to work at conclusion of leave 

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

(ii) Subject to Clause 55.30(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 55.14 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. 








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(ii) Where an Employee wishes to make a request under Clause 55.30(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. 

55.31. Lactation breaks 

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

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

(c) Paid lactation breaks are in addition to normal meal and rest breaks provided for in this 
Agreement. 

55.32. Consultation and Communication during Parental Leave 

(a) Where an Employee is on parental leave and a definite decision has been made to 
introduce significant change at the workplace, the Employer shall take reasonable steps 
to: 

(i) make information available in relation to any significant effect the change will 
have on the status or responsibility level of the position the Employee held before 
commencing parental leave; and 

(ii) provide an opportunity for the Employee to discuss any significant effect the 
change will have on the status or responsibility level of the position the Employee 
held before commencing parental leave. 

(b) The Employee shall take reasonable steps to inform the Employer about any significant 
matter that will affect the Employee’s decision regarding the duration of parental leave 
to be taken, whether the Employee intends to return to work and whether the 
Employee intends to request to return to work on a part-time basis. 

(c) The Employee shall also notify the Employer of changes of address or other contact 
details which might affect the Employer’s capacity to comply with Clause 55.32(a).  

55.33. 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. 

55.34. Replacement Employees 








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(a) A replacement Employee is an Employee specifically engaged or temporarily acting on 
higher duties or transferred, as a result of an Employee proceeding on parental leave. 

(b) Before the Employer engages a replacement Employee the Employer must inform that 
person of the temporary nature of the employment and of the rights of the Employee 
who is being replaced. 

(c) The limitation in Clause 18.2 on the use of fixed term employment to replace the 
Employee does not apply in this case. 

55.35. 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. 

56. Surrogacy Leave 

56.1. 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 01 February 
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 55.7 of the Agreement, and 

(b) six weeks of paid leave. 

56.2. Continuing to work while pregnant 

(a) A pregnant employee acting as the surrogate as part of a formal surrogacy arrangement 
wanting to work during the six weeks before the birth may be asked to provide a medical 
certificate stating they are fit for work and whether there are any risks in connection to 
their duties. 

(b) An Employee who fails to provide a requested medical certificate within seven days or 
provides one which states they are unfit for work may be required to commence 
surrogacy leave. 

56.3. Transfer to safe job 

(a) If an Employee provides a medical certificate stating they are fit for work but it is 
inadvisable for the Employee to continue in their present duties because of risks or 
illness the Employee is entitled to be transferred to an appropriate safe job that has the 
same, or other agreed ordinary hours of work with no other changes to the Employee’s 
terms and conditions. 

(b) If no appropriate safe job is available the Employee is entitled to take paid or unpaid (if 
not eligible for parental leave) ‘No Safe Job Leave’. 








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56.4. Commencement of Surrogacy Leave 

(a) An Employee who is pregnant as a result of acting as a surrogate may commence paid 
Surrogacy Leave at any time within 6 weeks prior to the expected date of birth of the 
Child. Otherwise the period of parental leave must commence no later than the date of 
birth of the Child, unless agreed with the Employer. 

(b) Unless otherwise agreed, any entitlement to paid surrogacy leave will be paid from the 
date of commencement of Surrogacy Leave. 

56.5. Surrogacy Leave and other entitlements 

An Employee may access, in conjunction with Surrogacy Leave, any other paid or unpaid 
entitlements available under this Agreement with the approval of the Employer. 

56.6. Personal/Carer’s Leave 

A pregnant Employee, not then on Surrogacy Leave, who is suffering from an illness whether 
related or not to the pregnancy, may take any paid and/or unpaid personal/carer’s leave in 
accordance with Clause 51. 

56.7. Special Surrogacy Leave 

(a) Where the pregnancy of an Employee not then on parental leave terminates other than 
by the birth of a living child, the Employee may take leave for such periods as a 
registered medical practitioner certifies as necessary, as follows: 

(i) where the pregnancy terminates during the first 20 weeks, during the certified 
period/s the Employee is entitled to access any paid and/or unpaid 
personal/carer’s leave entitlements in accordance with Clause 51; 

(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 Clause 56.1. 

56.8. Public holidays during a period of paid surrogacy leave 

Where a Public Holiday occurs during a period of paid surrogacy leave, the Public Holiday is 
not to be regarded as part of the paid surrogacy leave and the Employer will grant the 
Employee a day off in lieu, to be taken by the Employee immediately following the period of 
paid surrogacy leave. 

56.9. Notice and Evidentiary Requirements 

(a) An Employee must provide 10 weeks’ written notice to the Employer of their intention 
to take Surrogacy Leave. The notification should include a Statutory Declaration which 
specifies: 

(i) the intended start and end dates of the leave, and 

(ii) if known, any other leave the Employee seeks approval to take in conjunction 
with their Surrogacy Leave, and 








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

(b) The Employer may also require the Employee to provide documentary evidence 
confirming: 

(i) the expected date of birth of the Child, and 

(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. 

57. Foster and Kinship Care  

57.1. 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. 

57.2. 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. 

57.3. 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. 

57.4. 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. 

57.5. 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. 

57.6. The Employer may require the Employee to provide reasonable evidence to satisfy themselves 
of the Employee’s entitlement to leave under this provision. 








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58. Gender Transition Leave 

58.1. 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. 

58.2. 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. 

58.3. 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. 

58.4. 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 58.4(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. 








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58.5. Gender Transition Leave – Casual employees 

Casual Employees are entitled to access unpaid leave of up to 52 continuous weeks duration 
for gender transition purposes. 

58.6. 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 51.2. 

59. Leave to Attend Rehabilitation Program 

59.1. If an Employee is undertaking rehabilitation or counselling for a drug, alcohol or gambling 
related problem, he/she may access personal leave (with or without pay) in accordance with 
Clause 51.3. The Employee must provide evidence of attendance from their rehabilitation 
provider or counsellor for all absences. 

59.2. An affected Employee will not be disadvantaged as a result of undertaking rehabilitation or 
counselling.  

59.3. With permission of the Employee, the Employer will liaise with the Employee's representative 
to enable appropriate assistance and support to be made available to him/her during and on 
completion of rehabilitation. 

59.4. Confidentiality is to be maintained in all matters relating to the rehabilitation and counselling, 
employment arrangements, etc. of individual employees. 

60. Cultural and Ceremonial Leave 

60.1. 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. 

60.2. Leave to attend Aboriginal community meetings 








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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. 

60.3. Leave to attend Annual General Meetings of Aboriginal community organisations 

The Employer may grant an Employee of Aboriginal or Torres Strait Islander descent accrued 
annual or other leave to attend Annual General Meetings of Aboriginal community 
organisations at which the election of office bearers will occur. 

60.4. Ceremonial leave 

(a) Ceremonial leave will be granted to an Employee of Aboriginal or Torres Strait Islander 
descent for ceremonial purposes: 

(i) connected with the death of a member of the Immediate Family or extended 
family (provided that no Employee shall have an existing entitlement reduced as 
a result of this clause); or 

(ii) for other ceremonial obligations under Aboriginal and Torres Strait Islander lore. 

(b) Where ceremonial leave is taken for the purposes outlined in Clause 60.4(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 60.4 is in addition to compassionate leave 
granted under Clause 54. 

61. Leave to participate in the First People’s Assembly of Victoria 

61.1. An Employee who is a member of the First Peoples’ Assembly of Victoria is entitled to up to 
10 days paid leave per calendar year to fulfil their official functions during their term of office. 

61.2. 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. 

61.3. 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. 

61.4. The Employee may also utilise flexible working arrangements, in addition to leave provided in 
this clause, to help support their representative functions, with the agreement of the 
Employer. 

61.5. Leave under this clause will not accrue from year to year and cannot be cashed out on 
termination of employment. 








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62. Long Service Leave 

62.1. Basic Entitlement and accrual 

(a) Long service leave is paid leave accrued during Continuous Employment with the 
Employer. 

(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 for 
Employees whose ordinary hours of work average 76 hours per fortnight is 495.6967 
hours (3 months). The Approximate leave accrual per hour is 0.0250 hours per hour 

62.2. When can Long Service Leave be accessed? 

(a) An Employee is entitled to take long service leave on a pro-rata basis after seven years 
of Continuous Employment, and at any time after that in accordance with Clause 62.3. 

(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 62.2(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. 

62.3. 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. 








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(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. 

62.4. 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; and 

• any travelling or transport allowance; and 

• any allowance which is a reimbursement of an expenditure. 

62.5. 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. 

62.6. Periods of Continuous Employment in which long service leave does not accrue 

(a) Long service leave does not accrue for the following periods: 








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(i) a gap between engagements of a Casual Employee of less than 3 months; or 

(ii) an absence on unpaid leave, other than as provided for in Clause 62.5; 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 62.6(a)  do not break Continuous Employment, and may be 
periods of recognised service for the purposes of long service leave. 

62.7. Absences which break Continuous Employment 

Continuous Employment will be broken by the following: 

(a) any gap between engagements in Continuous Employment by a Casual Employee of 
more than 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 62.5 or 62.6 or 62.8. 

62.8. Previous employment which counts towards Continuous Employment 

(a) Service in previous employment in the VPS or any employer referred to in Clause 62.9 
counts towards Continuous Employment where the service concluded within 12 months 
of the commencement or re-commencement of employment in the VPS. 

(b) Despite Clause 62.8(a), service in previous employment in the VPS or with any employer 
referred to in Clause 62.9 counts towards Continuous Employment where: 

(i) the service concluded within three years of retirement occasioned by disability, 
or 

(ii) the service concluded within two years of the commencement of employment in 
the VPS and 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 

(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. 








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(d) Clause 62.8(c) does not apply if funds have been transferred to the Employer to cover 
long service leave. 

(e) Clauses 62.6 and 62.7 apply to service in previous employment. 

62.9. Service with other employers that counts towards Continuous Employment 

(a) The following service will be recognised as Continuous Employment in the VPS 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 62.9(a) and 62.9(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 with the 
Employer. The Employer will take reasonable steps within this period to ascertain from 
the Employee whether the Employee has prior service. 

(e) Clauses 62.6, 62.7, and 62.8  apply to service in previous employment. 

63. Defence Reserve Leave 

63.1. An Employee required to complete Defence Reserve service may be granted leave up to a 
maximum period of 78 weeks’ continuous service. 

63.2. 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 notice as is possible and 
be accompanied by evidence supporting the call to duty or reason for the service. 

63.3. 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 








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Employee’s VPS Salary, the Employer will, unless exceptional circumstances arise, pay to the 
Employee make-up pay for the period of Defence Reserve service. 

64. Jury Service 

64.1. An Employee required to attend for jury service under the Juries Act 2000 (Vic) is entitled to 
leave with pay for the period during which their attendance is required. The Employee must 
provide a certificate of attendance issued by the Juries Commissioner as evidence of 
attendance. 

64.2. 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. 

65. 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. 

66. Leave to Engage in Voluntary Management Activities 

66.1. An Employee who engages in a voluntary emergency management activity with a recognised 
emergency management body that requires the attendance of the Employee at a time when 
the Employee would otherwise be required to be at work is entitled to leave with pay for: 

(a) time when the Employee engages in the activity; and 

(b) reasonable travelling time associated with the activity; and 

(c) reasonable rest time immediately following the activity. 

66.2. 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. 

66.3. Recognised emergency management bodies include but are not limited to, the Country Fire 
Authority, Red Cross, State Emergency Service and St John Ambulance. 

66.4. An Employee who is required to attain qualifications or to requalify to perform activities in an 
emergency management body must be granted leave with pay for the period of time required 
to fulfil the requirements of the training course pertaining to those qualifications, provided 
that such training can be undertaken without unduly affecting the operations of the Employer. 








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67. Leave for Community Contributions 

67.1. In recognition of its commitment to the community, the Employer will provide Employees with 
unpaid leave to support them in undertaking activities which are of clear benefit to the 
community. 

67.2. An example of such activities is voluntary work participating as a member of a municipal 
council. 

67.3. The leave will be at the Employer’s discretion and will not be unreasonably withheld taking 
into account the operational requirements of the organisation. 

68. Study Leave 

68.1. The Employer acknowledges that learning and development benefits both the Employee and 
Employer. 

68.2. 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. 

68.3. 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. 

68.4. 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. 

68.5. The Employer may grant an Employee, the following leave entitlements: 

(a) paid leave to enable travel to and attendance of up to 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. 

68.6. The Employer may grant additional leave with or without pay as considered necessary. 

68.7. Part-time Employees may be granted Study Leave on a pro-rata basis calculated on the 
number of ordinary hours worked. 

68.8. 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. 








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68.9. 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. 

68.10. 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. 

69. Other Leave 

69.1. An Employee may be granted leave with or without pay by the Employer for any purpose. 

69.2. Leave under this clause may be granted for purposes including: 

(a) cultural and religious purposes; or 

(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. 

69.3. 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. 

  








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Part 8   Occupational Health and Safety 

 

Part 8   Occupational Health and Safety  

70. Accident Make-Up Pay 

70.1. Where an Employee is absent from duty as a result of sustaining an injury in respect of which 
the Employee is entitled to weekly payments of compensation under the Workplace Injury 
Rehabilitation and Compensation Act 2013 (Vic), the Employee will, be entitled to accident 
make-up pay equivalent to their normal Salary less the amount of weekly compensation 
payments. 

70.2. 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. 

70.3. 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 44.3) whilst receiving 
accident make up pay. 

70.4. 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). 

71. Occupational Health and Safety and Rehabilitation 

71.1. 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 








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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; and 

(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. 

71.2. OH&S consultation 

(a) Consultative mechanisms appropriate to the Employer 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. 

71.3. OH&S training 

(a) Workplace training programs, including induction and on-the-job training will outline 
relevant details of OH&S policies and procedures. 

(b) The contents of OH&S training programs will outline the OH&S roles and responsibilities 
of Employees, managers and supervisors, OH&S policies and procedures, particular 
hazards associated with their workplaces, control measures applicable to each hazard, 
and how to utilise OH&S systems to identify hazards and instigate preventative action. 

71.4. Bullying and violence at work 








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(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: 

(i) 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; 

(ii) ensuring supervisor and manager capability to prevent and manage negative 
workplace behaviour; 

(iii) ensuring consistent, best practice processes for managing negative behaviour in 
accordance with Clause 27 processes. 

71.5. 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 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) accounts of sexual violence; or 








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(xii) accounts of child abuse and domestic violence; or 

(xiii) any other serious accidents or incidents. 

72. Industrial Relations / Occupational Health and Safety Training 

72.1. 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:  

(a) the granting of such leave does not unduly affect the operations of the Employer; and 

(b) the total combined number of paid days taken in one calendar year for all nominated 
union members for designated trade union training does not exceed 5 days.  

72.2. 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. 

72.3. 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 72.3 must only be granted to an Employee on one occasion and is additional 
to any other leave granted under this clause. 

72.4. 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. 

73. Facilities, Equipment and Accommodation - General 

73.1. 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. 

73.2. The Employer shall provide, in readily accessible locations, first aid equipment adequate for 
the nature of the Employee’s duties. 

74. Agreement Compliance and Union Related Matters 

74.1. 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 








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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. 

74.2. 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 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 Employer in which the Employee is employed, and prior 
approval must be received from the Employee’s line manager which is subject to 
reasonable business requirements. 

(b) With the prior agreement from the Employer, 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. 

74.3. 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. 

75. Right of Entry 

75.1. 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 








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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. 

75.2. 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. 

75.3. 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. 

  








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Schedule A - Screen Industry Practitioners 

 

Schedule A - Screen Industry Practitioners 

1. Screen Industry Practitioners 

1.1. The functions of the Employer are as outlined in the Film Act 2001 (Vic). 

1.2. In carrying out its charter, the Employer will need to appoint, from time to time, Screen 
Industry Practitioners. These persons require: 

(a) Substantial and recent screen industry experience (film, television, games and/or· other 
related media) 

(b) Substantial knowledge and/or experience of screen industry production methods, and 
financing and business practices 

(c) Knowledge and/or experience in the national and international screen industry 
marketplace, including distribution and sales. 

1.3. Duties include, but are not limited to: 

(a) Manage and deliver the Employer's screen industry programs and initiatives 

(b) Provide high level expert and authoritative advice to content creators on a range of 
issues concerning their projects and/or business opportunities 

(c) Prepare high level program assessment and recommendation papers, and contribute to 
other reports, for consideration by the relevant assessment panels, Chief Executive 
Officer and the Board 

(d) Build and maintain effective relationships with screen industry practitioners, Federal 
and State government screen agencies; and key stakeholders 

(e) Identify policy gaps and provide expert advice in the development, writing and 
implementation of policy frameworks for the screen industry. 

1.4. For the period of this Agreement, there will be this class of persons (Screen Industry 
Practitioners) who will be appointed for up to four years. This is a discrete form of 
appointment that will not be used in any other employment category or area within the 
Employer. 

1.5. Screen Industry Practitioner appointments are confined to the purposes contained within this 
Schedule A. 

1.6. The parties agree to investigate and discuss the benefits, or otherwise, of defined term screen 
industry practitioner positions with the view of informing the next. bargaining round. 

1.7. To assist screen industry practitioners transition back to the screen industry at the end of 
appointment, the Employer will provide outplacement support and an ex-gratia payment 
equivalent to one weeks' pay for each year of the defined term.  








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Schedule B - Supported Wage System 

 

Schedule B - Supported Wage System 

1. Supported Wage System 

1.1. 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 

1.2. 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. 

1.3. Supported wage rates 








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(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. 

1.4. 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. 

1.5. 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. 

1.6. 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. 








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Schedule B - Supported Wage System 

 

1.7. 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. 

1.8. 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. 

1.9. 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. 








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Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

 

Schedule C - VPS Salaries and Classification and Value Range Descriptors 

1. VPS Salaries 

  








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Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

Effective  

20 March 2020 
Grade Value Range 

Salary Ranges 
Progression amounts 

Min. Max. 
VP

S 
O

ffi
ce

r 

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
ni

or
  

O
ff

ic
er

 5 
5.1 $99,872 $110,355 

 $2,994 
5.2 $110,357 $120,838 

6 
6.1 $122,502 $143,219 

 $3,780 
6.2 $143,220 $163,934 

Se
ni

or
 

Te
ch

ni
ca

l 

Sp
ec

ia
lis

t 

7 

7.1 $166,390 $186,355 

 $6,209 7.2 $186,359 $206,325 

7.3 $206,325 $226,292 








115 

Film Victoria Enterprise Agreement 2020 
Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

Effective  

1 December 2020 
Grade Value Range 

Salary Ranges 
Progression amounts 

Min. Max. 
VP

S 
O

ffi
ce

r 

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
ni

or
  

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
ni

or
 

Te
ch

ni
ca

l 

Sp
ec

ia
lis

t 

7 

7.1 $168,470 $188,684 

 $6,287 7.2 $188,688 $208,904 

7.3 $208,904 $229,121 








116 

Film Victoria Enterprise Agreement 2020 
Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

Effective  

1 September 2021 
Grade Value Range 

Salary Ranges 
Progression amounts 

Min. Max. 

VP
S 

O
ffi

ce
r 

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
ni

or
  

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
ni

or
 

Te
ch

ni
ca

l 

Sp
ec

ia
lis

t 

7 

7.1 $170,997 $191,514 

 $6,381 7.2 $191,518 $212,038 

7.3 $212,038 $232,558 








117 

Film Victoria Enterprise Agreement 2020 
Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

Effective  

1 June 2022 
Grade Value Range 

Salary Ranges 
Progression amounts 

Min. Max. 

VP
S 

O
ffi

ce
r 

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
ni

or
  

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
ni

or
 

Te
ch

ni
ca

l 

Sp
ec

ia
lis

t 

7 

7.1 $173,134 $193,908 

 $6,461 7.2 $193,912 $214,688 

7.3 $214,688 $235,465 








118 

Film Victoria Enterprise Agreement 2020 
Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

Effective  

1 March 2023 
Grade Value Range 

Salary Ranges 
Progression amounts 

Min. Max. 

VP
S 

O
ffi

ce
r 

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
ni

or
  

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
ni

or
 

Te
ch

ni
ca

l 

Sp
ec

ia
lis

t 

7 

7.1 $175,731 $196,817 

 $6,558 7.2 $196,821 $217,908 

7.3 $217,908 $238,997 








119 

Film Victoria Enterprise Agreement 2020 
Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

Effective  

1 December 2023 
Grade Value Range 

Salary Ranges 
Progression amounts 

Min. Max. 

VP
S 

O
ffi

ce
r 

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
ni

or
  

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
ni

or
 

Te
ch

ni
ca

l 

Sp
ec

ia
lis

t 

7 

7.1 $177,488 $198,785 

 $6,624 7.2 $198,789 $220,087 

7.3 $220,087 $241,387 








120 

Film Victoria Enterprise Agreement 2020 
Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

2. VPS Career Structure Classification and Value Range Standard Descriptors 

Table 12 VPS Career Structure Classification and Value Range Standard Descriptors Grade 1 - 4 

 Grade 1 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; 

• 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 

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 

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 

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 

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 

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 

Innovative thinking is an 
inherent feature of the job 

Defines the appropriate 
methodology in the analysis 
of policy or research options 








121 

Film Victoria Enterprise Agreement 2020 
Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

 Grade 1 Grade 2 Grade 3 Grade 4 
Value Range  VR1 VR2 VR1 VR2  

processes in immediate work 
area 

professional field to problem 
solving within the work area 

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 the 
operational context 

Explains rules, procedures 
and operational policies to 
individual clients or 
colleagues 

Presents routine information 
to small groups and 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 

Conducts formal community 
information sessions and 
consultative process 
involving small groups or 
participates in a similar 
process in larger groups 

Uses persuasion skills in 
dealing with an individual 
client, colleague, service 
provider or the like 

May lead a team through 
activities including individual 
and team performance 
management and 
development 

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 
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 

Plan, lead and facilitate 
consultative processes in a 
range of settings involving 
more difficult or sensitive 
issues 

Prepares complex 
operational reports requiring 
in-depth factual analysis 

Conveys specialist concepts 
and policies to clients, staff 
and stakeholders 

Prepares reports, briefs and 
correspondence on 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 








122 

Film Victoria Enterprise Agreement 2020 
Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

 Grade 1 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 

Acquire and apply 
proficiency in standard office 
equipment and computer 
applications 

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 and 
processes relevant and 
specific to the role 

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 

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 within a 
specific field of expertise 

Manages projects, usually 
under limited direction 

Contributes expertise to a 
team working on complex 
projects 








123 

Film Victoria Enterprise Agreement 2020 
Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

 Grade 1 Grade 2 Grade 3 Grade 4 
Value Range  VR1 VR2 VR1 VR2  

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 

 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 reports using office 
databases 

Performs telephone and 
counter duties consistent 
with 2.1B 

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 

Analyse standard reports 
and data to identify 
exceptions 

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 

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 
individual licence fees 

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 

Consistent with the 
development of knowledge 

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 

Assists in preparing or 
presenting cases in a range 

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, rules, regulations 
and service agreements 

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 

Recommends strategies to 
represent the agency and/or 

Determines operational 
service delivery plans based 
on accepted standards 

Recommends resource 
allocation to immediate 
manager in order to meet 
service delivery priorities 

Manages operational work 
teams 








124 

Film Victoria Enterprise Agreement 2020 
Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

 Grade 1 Grade 2 Grade 3 Grade 4 
Value Range  VR1 VR2 VR1 VR2  

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 

specified at 2.1C, 
participates in routine 
investigations under 
direction and provides 
evidence if required 

Reconciles, banks monies 
and manages petty cash 

of review forums, tribunals 
and courts 

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 

clients involving complex 
and challenging problems 

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 
 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 
equipment, and supporting 
field work 

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 modelling and 
prepares reports 








125 

Film Victoria Enterprise Agreement 2020 
Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

Table 13 VPS Career Structure Classification and Value Range Standard Descriptors Grade 5 - 6 

 Grade 5 Grade 6 
Value Range VR1 VR2 VR1 VR2 
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 developments within area of 
responsibility 

Solutions and thinking may advance 
organisational innovation or 
occupational/professional knowledge 

Creatively develops options in a 
changing organisational environment 

Identifies and responds to new and 
emerging strategic issues impacting on 
the operating environment 

Contributes advanced expertise and 
knowledge to strategic 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 

Relies on formal and informal 
communication channels to achieve 
goals and engages stakeholders to help 
them identify areas and opportunities 
for improvement 

Purpose of communication may be to 
resolve complex issues through a 
process of consultation and negotiation 

Prepares technical reports at an 
authoritative level 

Is required to use formal and informal 
channels to influence organisation or 
program management to achieve goals 

Influences stakeholders holding 
competing priorities and views 








126 

Film Victoria Enterprise Agreement 2020 
Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

 Grade 5 Grade 6 
Value Range VR1 VR2 VR1 VR2 

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 

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 

Is influential in negotiations with 
external suppliers of major services 

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 

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 

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, 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 

Advocates policy options 

Manages and leads complex projects 

Responsible for operational policy or 
service development impacting on a 
major functional area 

Responsible for operational policy or 
service development that has significant 
impact across functional areas 








127 

Film Victoria Enterprise Agreement 2020 
Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

 Grade 5 Grade 6 
Value Range VR1 VR2 VR1 VR2 

Develops briefs on highly complex issues 
that provide options for discussion and 
consideration and will contribute to the 
development of a set of final options for 
decision 

Responsible for implementation of 
endorsed strategic policy within the 
functional area 

Routinely advises senior stakeholders on 
policy issues and solutions within a 
functional area 

Responsible for implementation of 
endorsed strategic 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 
 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 








128 

Film Victoria Enterprise Agreement 2020 
Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

 Grade 5 Grade 6 
Value Range VR1 VR2 VR1 VR2 
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 
 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 

 

  








129 

Film Victoria Enterprise Agreement 2020 
Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

 

Table 14 VPS Grade Descriptors and Value Range Standard Descriptors - Senior Technical Specialist 

 Grade 7 

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 Film Victoria 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 








130 

Film Victoria Enterprise Agreement 2020 
Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

 Grade 7 

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 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. 

Develops and utilises national and international 
communication networks to ensure appropriate 
development and application of research or project 
initiatives in accordance with government priorities 

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 








131 

Film Victoria Enterprise Agreement 2020 
Schedule C - VPS Salaries and Classification and Value Range Descriptors 

 

 Grade 7 

Value Range VR 1 VR 2 VR 3 

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 accordance with 
government priorities 

Negotiates elements of million dollar projects or the 
involvement or contribution  of senior public or 
private sector leaders 

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 

  








Film Victoria Enterprise Agreement 2020 Signatories 

Signatories 

SIGNED for and on behalf of CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION by authorised officer 

Witness 

Signature Signature: 

KAREN BATT (or representative) Name of witness: 

Secretary, CPSU/SPSF Victorian Branch 

level 4/128 Exhibition Street, Melbourne 3000 

SIGNED for and on behalf of FILM VICTORIA by its authorised representatives: 

isignature 

CAROLINE PITCHER 

CEO, Film Victoria 

level 3, 55 Collins Street, Melbourne 3000 

Witness 

Signature: 

Name of witness: 

Alison Bennett 
HR Manager 

Film Victoria 
Level 3, 55 Collins Street, Melbourne 3000 

132 


Film Victoria Enterprise Agreement 2020 Signatories Signatories SIGNED for and on behalf of CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION by authorised officer Witness 20 Haven Bart. Signature Signature: KAREN BATT (or representative) Name of witness: TERRI CARR Secretary, CPSU/SPSF Victorian Branch Level 4/128 Exhibition Street, Melbourne 3000 SIGNED for and on behalf of FILM VICTORIA by its authorised representatives: Witness Caroline Pitcher Alison Bennett Signature Signature: CAROLINE PITCHER Name of witness: CEO, Film Victoria Alison Bennett HR Manager Film Victoria Level 3, 55 Collins Street, Melbourne 3000 Level 3, 55 Collins Street, Melbourne 3000 132




 



 

IN THE FAIR WORK COMMISSION 

FWC Matter No.: AG2021/5098 

Applicant: Film Victoria 

Section 185 - Application for approval of a single enterprise agreement 

Undertaking -Section 190 

I, Liahn Nortje, Head of Corporate Services, have the authority given to me by Film Victoria to give 

the following undertakings with respect to the Film Victoria Enterprise Agreement 2020 (" the 
Agreement"): 

1. The Agreement will be read and interpreted in conj unction with t he National Employment 
Standards (NES). W here there is an inconsistency between the Agreement and the NES, and 
the NES provides a greater benefit, the NES provision will apply to t he extent of the 

inconsistency. 

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

application before the Fair Work Commission. 

Signature 

May 19, 2021 
Date 


IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/5098 Applicant: Film Victoria Section 185 - Application for approval of a single enterprise agreement Undertaking -Section 190 I, Liahn Nortje, Head of Corporate Services, have the authority given to me by Film Victoria to give the following undertakings with respect to the Film Victoria Enterprise Agreement 2020 ("the Agreement"): 1. The Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature May 19, 2021 Date

Cases cited by this decision: