CoINVEST Limited Enterprise Agreement 2019

1

Fair Work Act 2009 
s.185—Enterprise agreement

CoINVEST Ltd
(AG2021/5127)

COINVEST LIMITED ENTERPRISE AGREEMENT 2019

Banking finance and insurance industry

DEPUTY PRESIDENT COLMAN MELBOURNE, 27 MAY 2021

Application for approval of the CoINVEST Limited Enterprise Agreement 2019.

[1] CoINVEST Ltd has made an application for approval of an enterprise agreement 
known as the CoINVEST Limited Enterprise Agreement 2019 (the Agreement) pursuant to 
s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] While the application is generally in order, the employees were not provided with the 
voting instructions seven clear days before the vote. However, in all the circumstances, and 
having regard to the decision of the Full Bench in Huntsman Chemical Company Australia 
Pty Limited T/A RMAX Rigid Cellular Plastics & Others,1 I am satisfied that this constitutes a 
minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that 
the employees covered by the agreement were not likely to have been disadvantaged by the 
error. As a result, I am satisfied that the Agreement has been genuinely agreed within the 
meaning of s 188(2) of the Act.

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

[4] Subject to the undertaking referred to above, and on the basis of the material contained 
in the application and accompanying declaration, I am satisfied that each of the requirements 
of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[5] 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) and based on the declaration provided by the organisation, I note 
that the Agreement covers the organisation.

                                               
1 [2019] FWCFB 318

[2021] FWCA 3050

DECISION

FairWork 
Commission 


AUSTRALIA FairWork Commission










[2021] FWCA 3050

2

[6] The Agreement was approved on 27 May 2021 and, in accordance with s 54, will 
operate from 3 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE511633  PR730219


THE SEAL OF THE F NOISSI




 



[2021] FWCA 3050

3

Annexure A

Deplll't')' P-r,e;siceim: ea,~l'I 
f.ai wal!ti: C'.onanizion 
BY Er.UJL: at.mbe ... Colm.rLDP@lriNc.i;ov_:au 

LJ.NOEA.il"A' . G Rf COINVBT UMffl30 fNrBl.41:MSE A@'EElMENT 2019, M :a_'ttff ltlum'b;e:r 

AG:Z0211/5U1 

CoUWEST Lim~ted 11--ere~ ur.derr.iw ~ :at iTne' IN.nion..1[ fmpl0ymern St-.11d.rdi!r (NB} ;..p;ply 
tm :all emplcy!!e:s :as :a mir.fmum mnd:a_m_ Whe,ie mer.e- :is - • ai · IIC'i' bel'.I een the NB 
:and. d.if.se of r.. •iSRemerit, =he !Nc S will .pply ;;ind tr,e cf'.!u2 of t'.iu: :a~eemer;t will 11otJ: 

-:apply, e:iro~. · & !!he 91!:enttll:ai Die ,cl:aus,e a f the: ;;,~'l' provide! fer .i ma~ benefici:al 

0111Dllme mre:m~ 'lih~ll the NB_ 

/1 I ? 
mm, MBDD 

&et::ut~PJe Officer 

~!;---
~ . 

,cc:: 
r,t:a~ Cou1san, CPSU 
Matt McPhec. Emp]o,r-ie Repre.siern:a:i\'e 

1..l~ ~ U 


co INVEST- LUIS SENVICK LEAVE Thursday, 20 May 2021 T 03 8084 7077 T 1600 805 844 (Tok Fma) F 03 908:3 2068 GPO Box 4988 Melbourts Vichbill $004 Deputy President Colman Fair work Commission BY EMAIL: Chambers. Colman.DP@fwc.gov.au Dear Deputy President Colman, UNDERTAKING RE COINVEST LIMITED ENTERPRISE AGREEMENT 2019, Matter Number AG2021/5127 CoINVEST Limited hereby undertakes that The National Employment Standards (NES) apply to all employees as a minimum standard, Where there is an inconsistency between the NES and a clause of this agreement, the NES will apply and the clause of the agreement will not apply, except to the extent that the clause of the agreement provides for a more beneficial outcome for employees than the NES. Yours sincerely. LOHN HARTLEY Chief Executive Officer genial GLENN WILSON HR Manager CC: Mandy Coulson, CPSU Matt McPhee, Employee Representative (INVEST Limed (ABIN 35 078 004 985) mu Tralee for the Construction Incialy Long Santos Linve Furet




 



;co INVEST: 
LONG SERVICE LEAVE 

Enterprise Agreement 2019 


COINVEST LONG SERVICE LEAVE Enterprise Agreement 2019




 

Daly
New Stamp



Co/NVEST Enterprise Bargaining Agreement 2019 

CONTENTS 

1. TITLE. ................................................................................................................................... .4 

2. OBJECTIVES OF THIS AGREEMENT ................................................................................................ 4 

3. INTERPRETATION ..................................................................................................................... 4 

4. ABOUT THIS AGREEMENT .......................................................................................................... 5 

4.1 NOTICES .................................................................................................................................................................... 5 

4.2 APPLICATION OF AGREEMENT AND PARTIES BoUND ........................................................................................................ 5 

4.3 PERIOD OF OPERATION OF THISAGREEMENT .................................................................................................................. 5 
4.4 SAVINGS CLAUSE ........................................................................................................................................................ 5 

4.5 GENDER EQUALITY ...................................................................................................................................................... 5 

4.6 ANTI-DISCRIMINATION ................................................................................................................................................ 7 

4.7 JOINT CONSULTATIVE COMMITTEE ................................................................................................................................ 7 

4.8 IMPLEMENTATION OF CHANGE ...................................................................................................................................... 7 

4.9 RIGHT OF REPRESENTATION •••••••••••••.••••.••••••••••••••••••••••••••••••••••••••••••••.••.••..•.••.•..•.•.•.•.•••..•.•.•.......•..•.•....•.••...•.•.•.•.•••••••• 8 

4.10 FURTHER AGREEMENT ................................................................................................................................................. 8 

5. WORKING GROUPS .................................................................................................................. 8 

5.1 SUPERANNUATION WORKING GROUP ........................................................................................................................... 8 

5.2 GENDER EQUALITY WORKING GROUP ........................................................................................................................... 8 

5.3 GRADE CLASSIFICATION REVIEW ................................................................................................................................... 9 

6. HOURS OFWORK. .................................................................................................................... 9 

6.1 ORDINARY HOURS ...................................................................................................................................................... 9 

6.2 FLEXTIME ................................................................................................................................................................... 9 

6.3 GRADES 5 AND 6 ........................................................................................................................................................ 9 

6.4 ADDITIONAL HOURS .................................................................................................................................................... 9 

6.5 OVERTIME PAYMENTS ............................................................................................................................................... 10 

6.6 AFTER HOURS SUPPORT ............................................................................................................................................. 10 

7. PAYMENT OF SALARY AND BENEFITS .......................................................................................... 10 

8. PUBLIC HOLIDAYS .................................................................................................................. 10 

8.1 SUBSTITUTE DAYS ..................................................................................................................................................... 11 

9. RESOLUTION OF DISPUTES ....................................................................................................... 11 

9.7 AGREEMENT AND DISPUTE SETTLEMENT FACILITATION ......................................................................................................... 11 

10.8 DISCUSSION OF DISPUTE ............................................................................................................................................ 12 

10.9 

10.10 

10.11 

10.12 

9.8 

INTERNAL PROCESS ................................................................................................................................................... 12 

DISPUTES OF A COLLECTIVE CHARACTER .................................................................................................................. 12 

CONCILIATION ..................................................................................................................................................... 12 

ARBITRATION ....................................................................................................................................................... 12 

GENERAL POWERS AND PROCEDURES OF THE FWC ....................................................................................................... 13 

10. LEAVE POLICIES .................................................................................................................. 13 

10.1 

10.2 

10.3 

10.4 

10.5 

10.6 

10.7 

10.8 

10.9 

10.10 

10.11 

10.12 

PRESERVATION OF CERTAIN SICK LEAVE AND LONG SERVICE LEAVE ENTITLEMENTS ............................................................ 13 

RECREATION (ANNUAL) LEAVE ................................................................................................................................... 13 

RECREATION (ANNUAL) LEAVE- CASH OUT ................................................................................................................. 13 

CHRISTMt,,5 SHUTDOWN ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••.•••••••..••.•••..•....•.•.•.•.•.••....•......•...•.••.•...•..••..••.••• 13 

PERSONAL/CARER'S LEAVE ......................................................................................................................................... 13 

LONG SERVICE LEAVE ................................................................................................................................................ 14 

PRESSING NECESSITY/ CoMPASSIONATE LEAVE ............................................................................................................. 14 

ADOPTION/PARENTAL LEAVE ..................................................................................................................................... 14 

PARENTAL LEAVE ...................................................................................................................................................... 15 

FAMILY AND DOMESTIC VIOLENCE LEAVE ................................................................................................................ 19 

STUDY LEAVE ....................................................................................................................................................... 21 

ACCIDENT COMPENSATION LEAVE .......................................................................................................................... 21 

2 


CoINVEST Enterprise Bargaining Agreement 2019 CONTENTS 1. TITLE 4 2. OBJECTIVES OF THIS AGREEMENT .4 3. INTERPRETATION .. .4 4. ABOUT THIS AGREEMENT .5 4.1 NOTICES. . .5 4.2 APPLICATION OF AGREEMENT AND PARTIES BOUND. 5 4.3 PERIOD OF OPERATION OF THIS AGREEMENT .5 . 4.4 SAVINGS CLAUSE . .5 4.5 GENDER EQUALITY ... 5 4.6 ANTI-DISCRIMINATION .. 7 4.7 JOINT CONSULTATIVE COMMITTEE. 7 4.8 IMPLEMENTATION OF CHANGE .7 4.9 RIGHT OF REPRESENTATION . 8 4.10 FURTHER AGREEMENT .8 WORKING GROUPS .8 5.1 SUPERANNUATION WORKING GROUP 8 5.2 GENDER EQUALITY WORKING GROUP 8 5.3 GRADE CLASSIFICATION REVIEW .9 6. HOURS OF WORK. .9 6.1 ORDINARY HOURS .. 9 6.2 FLEXTIME .. ... 9 6.3 GRADES 5 AND 6. ... 9 6.4 ADDITIONAL HOURS .. .. 9 6.5 OVERTIME PAYMENTS. 10 6.6 AFTER HOURS SUPPORT 10 7. PAYMENT OF SALARY AND BENEFITS. 10 8. PUBLIC HOLIDAYS 10 8.1 SUBSTITUTE DAYS. 11 . RESOLUTION OF DISPUTES . 11 9.7 AGREEMENT AND DISPUTE SETTLEMENT FACILITATION. 11 10.8 DISCUSSION OF DISPUTE 12 10.9 INTERNAL PROCESS 12 10.10 DISPUTES OF A COLLECTIVE CHARACTER 12 10.11 CONCILIATION .. 12 10.12 ARBITRATION ... 12 9.8 GENERAL POWERS AND PROCEDURES OF THE FWC. 13 10. LEAVE POLICIES. .. 13 10.1 PRESERVATION OF CERTAIN SICK LEAVE AND LONG SERVICE LEAVE ENTITLEMENTS .. ... 13 10.2 RECREATION (ANNUAL) LEAVE ..... 13 10.3 RECREATION (ANNUAL) LEAVE- CASH OUT .. 13 10.4 CHRISTMAS SHUTDOWN. 13 10.5 PERSONAL/CARER'S LEAVE. .13 10.6 LONG SERVICE LEAVE .... 14 10.7 PRESSING NECESSITY/ COMPASSIONATE LEAVE .. 14 10.8 ADOPTION/PARENTAL LEAVE. 14 10,9 PARENTAL LEAVE. 15 10.10 FAMILY AND DOMESTIC VIOLENCE LEAVE. 19 10.11 STUDY LEAVE. 21 10.12 ACCIDENT COMPENSATION LEAVE. 21 2




 



CoJNVEST Enterprise Bargaining Agreement 2019 

10.13 INFECTIOUS DISEASES, DANGEROUS MEDICALCONOITIONS ..•........................•......•.•.....•....•......•............................•.•. 21 

10.14 STATE OF EMERGENCY (INCLUDING PANDEMIC) LEAVE ....•.•..•....•...................•.•....•.....•.•..•...................................•.•... 21 

10.15 EMPLOYEE RELATIONS TRAINING LEAVE ...............•.•..•.•...............................•......................•..........................•........• 21 

10.16 BLOOD BANK LEAVE .......•.............•..........•...•..•.............................•...•..........•......................•........•..............•......... 21 

10.17 MUNICIPALCOUNCILLEAVE ..............•.•...•......•..................•....•.•...................•........................•........•.•.................... 21 

10.18 SCHOOLCOUNCILLEAVE ...................•.•....................................•....•.......•......•......................•...•..............•...•.......... 22 

10.19 VOLUNTEERACTIVITIES ...............•..•......................•....•....•....•.•.....................•..•.................•.•..•........................•..... 22 

10.20 OTHERPAIDLEAVE .•........•.•....•......•.......................•.......•....•.•.•...................•..•.•............•....•..•......................•.•..... 22 

10.21 UNPAIDLEAVE .....•.•..•...•.•..........................•....•.•....•......................•...•...•.•....•......•..........................•.•.•..•.•.•.......... 22 

11. EXCESSIVE RECREATION (ANNUAL) LEAVEACCRUALS .................................................................. 22 

11.1 DEFINITIONS ..•....•...•.•........................•.•.....•.•....•..•............•..•..•.•.............•..........................•....•...•.•.•.........•.............. 22 

11.2 ELIMINATING EXCESSIVE LEAVE ACCRUALS •..•..........................•......•.•.....•................................•....•........•....................... 22 

12. TERMINATION OF EMPLOYMENT ........................................................................................... 23 

13. REDEPLOYMENT AND RE DUN DANCY ....................................................................................... 24 

13.1 REDUNDANCY PAYMENTS ...........•.......•...........................•...•..•.•.•..•..........•..................•.........•....•.•...•.........•............... 25 

13.2 ENTITLEMENTS PAID AT RATE OF SALARY ....•.....•................•.•.•..•.•.•.............................•.....•.•..•....•.•...•....•...•.................. 25 

14. FORMS OF EMPLOYMENT ..................................................................................................... 25 

14.1 APPOINTMENT AND PROBATION ..............•.•.....•....•............................•.•.•...•.•.....•..•......................•...•.•..•.•........•.••....... 25 

14.2 TEMPORARY EMPLOYMENT ..•....................•..•..•.....•..•................•......•.•............•.....................•....•..•...•....•.•....•.•......•... 25 

14.3 FULL-TIME, PART-TIME AND CASUAL EMPLOYMENT ......•.•..••.....•.........•.•............•......•.....•.•..•....•...•.•....•......................• 25 

14.4 FLEXIBLE EMPLOYMENT ARRANGEMENTS ....•............•.•.........•.•..•.•......................•......•....•..•.•.....•........•......................•.. 26 

14.5 JOB SHARING ...........•......•.•.•..............................•..•...•........•......•................••......•.•...•.........•......................•.....•..•..•.• 26 

15. CLASSIFICATION ANDREMUNERATION .................................................................................... 26 

15.1 CLASSIFICATIONOFPosrnoNS ...............•.•.....•.•..•..................•....•.•........•.......................•....•.........•.•......•......•............. 26 

15.2 REMUNERATION PACKAGING .........•..•..•.•........•....•...............•..•...•...............•................•.•..•.•..•.•...•..•.•...•..................... 27 

15.3 REMUNERATION OF CASUAL EMPLOYEES •.....•.•................•.......•...•.•...•...•......................•.........•........•..•.....................•.. 27 

16. REMUNERATION INCREASES UNDER THIS AGREEMENT ................................................................ 28 

17. SALARY CONTINUANCE INSURANCE ........................................................................................ 29 

18. AUTHORISED UNION REPRESENTATIVES ................................................................................... 29 

19. RIGHT OF ENTRY ................................................................................................................. 29 

20. EXPENSES AND ALLOWANCES ................................................................................................ 29 

20.1 ALLOWANCES ........................................................................................................................................................... 30 

20.2 OVERNIGHT ABSENCES .•...•..............•....•..•..•.•.•....•.........................•........•.•..................•....•.•....•......•.•...•.................... 30 

20.3 ADVANCE CLAIM FOR EXPENSES ..•.•.....•....•................•......•.......•...•.•...................•....•..•..•.•.....•.........................•.••...•.•. 30 

20.4 OVERTIME MEAL. ........•........•....•.•.....•..............•......•.....•.•..•..•................•...••..•.•.•....•..•..•.•....................•......•..•.•..•..•. 30 

20.5 FIELD OFFICER'S PARKING REIMBURSEMENT .......•...•...•......•....................•.•..........•..............................•....•.•.•...•.•..•.•.•.. 30 

20.6 AFTER HOURS SUPPORT ON-CALL ALLOWANCE .........•.........•.................•...•..........•.•..........................•...•..•.•..•.•.•..•.••...•.• 30 

20.7 AFTER HOURS SUPPORT CALLOUT PROVISION •....•....................•..•..•.....•.•.•.•...............•..•..•......•....•...•.•.......................... 31 

21. HIGHER DUTIES .................................................................................................................. 31 

22. RECREATION (ANNUAL) LEAVE LOADING .................................................................................. 31 

23. FAIRWORKPLACE ............................................................................................................... 31 

24. SAFEWORKPLACE. .............................................................................................................. 31 

25. WORKLOAD ...................................................................................................................... 31 

26. FLEXIBILITY ....................................................................................................................... 31 

27 FLEXIBILITY DURING A STATE OF EMERGENCY ............................................................................... 32 

28 SIGNATURES ......................................................................................................................... 33 

3 


CoINVEST Enterprise Bargaining Agreement 2019 10.13 INFECTIOUS DISEASES, DANGEROUS MEDICAL CONDITIONS. .21 10.14 STATE OF EMERGENCY (INCLUDING PANDEMIC) LEAVE. 2: 10.15 EMPLOYEE RELATIONS TRAINING LEAVE .. 21 10.16 BLOOD BANK LEAVE .... 21 10.17 MUNICIPAL COUNCIL LEAVE 21 10.18 SCHOOL COUNCIL LEAVE 22 10.19 VOLUNTEER ACTIVITIES 22 10.20 OTHER PAID LEAVE 22 10.21 UNPAID LEAVE. 22 11. EXCESSIVE RECREATION (ANNUAL) LEAVE ACCRUALS 22 11.1 DEFINITIONS .. 22 11.2 ELIMINATING EXCESSIVE LEAVE ACCRUALS 22 12. TERMINATION OF EMPLOYMENT . .. 23 13. REDEPLOYMENT AND REDUNDANCY. 24 13.1 REDUNDANCY PAYMENTS .. 25 13.2 ENTITLEMENTS PAID AT RATE OF SALARY .. 25 14. FORMS OF EMPLOYMENT. 25 14.1 APPOINTMENT AND PROBATION 25 14.2 TEMPORARY EMPLOYMENT .... 25 14.3 FULL-TIME, PART-TIME AND CASUAL EMPLOYMENT 25 14.4 FLEXIBLE EMPLOYMENT ARRANGEMENTS 26 14.5 JOB SHARING 26 15. CLASSIFICATION AND REMUNERATION 26 15.1 CLASSIFICATION OF POSITIONS. 26 15.2 REMUNERATION PACKAGING. 27 15.3 REMUNERATION OF CASUAL EMPLOYEES . 27 16. REMUNERATION INCREASES UNDER THIS AGREEMENT. 28 17. SALARY CONTINUANCE INSURANCE. 29 18. AUTHORISED UNION REPRESENTATIVES. .29 19. RIGHT OF ENTRY ... .. 29 20. EXPENSES AND ALLOWANCES. .29 20.1 ALLOWANCES. 30 20.2 OVERNIGHT ABSENCES 30 20.3 ADVANCE CLAIM FOR EXPENSES 30 20.4 OVERTIME MEAL ... 30 20.5 FIELD OFFICER'S PARKING REIMBURSEMENT. 30 20.6 AFTER HOURS SUPPORT ON-CALL ALLOWANCE 30 20.7 AFTER HOURS SUPPORT CALL OUT PROVISION 31 21. HIGHER DUTIES. 31 22. RECREATION (ANNUAL) LEAVE LOADING. 31 23. FAIR WORKPLACE. 31 24. SAFE WORKPLACE 31 25. WORKLOAD 31 26. FLEXIBILITY ... 31 7 FLEXIBILITY DURING A STATE OF EMERGENCY. .. 32 28 SIGNATURES. .33 3




 



Co!NVEST Enterprise Bargaining Agreement 2019 

1. TITLE 

This Agreement shall be known as the ColNVEST Limited Enterprise Agreement 2019. 

2. OBJECTIVES OF THIS AGREEMENT 

This Agreement is made with the following objectives: 
• to apply personnel policies and practices based on the principles of merit and equity. 
• to promote the achievement of best practice in ColNVESTs field of expertise. 
• to support the multi-skilling and specialised skilling of employees to better manage rapid change in 

work requirements, for the benefit of Co INVEST, its customers and staff. 
• to also assist employees to develop transferable skills to increase their career options both within 

Co INVEST and in the wider community. 
• to provide employees with the flexibiltty to adjust their remuneration package to meet their lifestyle 

needs within the same total cost of the package to ColNVEST; 
• to promote flexibility in deployment on the principle that employees may be deployed to duties provided 

that they have the skills knowledge and experience to perform them and, subject to the satisfactory 
performance of the employee, are nearly as possible comparable in status. 

• to recognise the change in ColNVESTs operations which will occur over the life of this Agreement and 
the need for ongoing training and skills acquisition to keep up with the change. 

• to promote a fair workplace. 
• to promote a safe workplace. 
• to ensure employees experience fair wages and conditions. 
• to further ColNVESTs objectives and corporate values. 

3. INTERPRETATION 

In this Agreement, unless otherwise stated or the context otherwise indicates: 

"ColNVEST" means Co INVEST Limited A.C.N. No. 078 004 985. 

"Employer" means Co INVEST Limited A.C.N. No. 078 004 985. 

"Employee" means a person employed by the Employer. 

"Fair and reasonable" is to be interpreted by taking into account all the relevant facts and the interests of 
the parties from the point of view of both the employer and the employee(s). That is a 'fair go all round'. 

"FW Act" means the FairWorkAct 2009 (Cth) as amended from time to time. 

"FWC" means the Fair Work Commission. 

"Month" means a calendar month. 

"NES" means the National Employment Standards in the FW Act. 

"Supervisor" means the position to which the Employee is responsible or, in the event of absence or where 
not available, the next position in line of authority. 

"Salary" means ordinary pay but does not include superannuation payable by the employer under the 
superannuation guarantee which at the start of this agreement is 9.5% of salary. Salary also does not 
include any other allowances payable or recreation leave loading; 

"State of Emergency" means a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic 
or other biosecurity risk, as declared by Government agency. 

"Union" means CPSU, the Community and Public Sector Union. 

4 


CoINVEST Enterprise Bargaining Agreement 2019 1. TITLE This Agreement shall be known as the CoINVEST Limited Enterprise Agreement 2019. 2. OBJECTIVES OF THIS AGREEMENT This Agreement is made with the following objectives: to apply personnel policies and practices based on the principles of merit and equity. . . to promote the achievement of best practice in CoINVEST's field of expertise . to support the multi-skilling and specialised skilling of employees to better manage rapid change in work requirements, for the benefit of CoINVEST, its customers and staff. . to also assist employees to develop transferable skills to increase their career options both within CoINVEST and in the wider community. to provide employees with the flexibility to adjust their remuneration package to meet their lifestyle needs within the same total cost of the package to CoINVEST; to promote flexibility in deployment on the principle that employees may be deployed to duties provided that they have the skills knowledge and experience to perform them and, subject to the satisfactory performance of the employee, are nearly as possible comparable in status to recognise the change in CoINVEST's operations which will occur over the life of this Agreement and the need for ongoing training and skills acquisition to keep up with the change. to promote a fair workplace. .. to promote a safe workplace. . . to ensure employees experience fair wages and conditions. to further CoINVEST's objectives and corporate values. 3. INTERPRETATION In this Agreement, unless otherwise stated or the context otherwise indicates: "CoINVEST" means CoINVEST Limited A.C.N. No. 078 004 985. "Employer" means Co INVEST Limited A.C.N. No. 078 004 985. "Employee" means a person employed by the Employer. "Fair and reasonable" is to be interpreted by taking into account all the relevant facts and the interests of the parties from the point of view of both the employer and the employee(s). That is a 'fair go all round'. "FW Act" means the Fair Work Act 2009 (Cth) as amended from time to time. "FWC" means the Fair Work Commission. "Month" means a calendar month. "NES" means the National Employment Standards in the FW Act. "Supervisor" means the position to which the Employee is responsible or, in the event of absence or where not available, the next position in line of authority. "Salary" means ordinary pay but does not include superannuation payable by the employer under the superannuation guarantee which at the start of this agreement is 9.5% of salary. Salary also does not include any other allowances payable or recreation leave loading; "State of Emergency" means a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk, as declared by Government agency. "Union" means CPSU, the Community and Public Sector Union. 4




 



Co/NVEST Enterprise Bargaining Agreement 2019 

4. ABOUT THIS AGREEMENT 

This Agreement is made in Victoria. 

For the purposes of matters relating to this Agreement, the Employer is represented by the Chief Executwe Officer 
of Co INVEST or their nominated deputy. 

4.1 Notices 
Any notice to an Employee shall be deemed to be duly served if delivered personally at the usual 
workplace or sent by mail to the last known postal address of the Employee. 

4.2 Application of Agreement and Parties Bound 
The Agreement is made under Part 2-4 of the FW Act, between the Employer and the Employees who 
will be covered by the agreement. It does not apply to ColNVEST Limited Executive staff. 
This agreement applies to and is binding on: 

• Co INVEST Limited. 

• all Employees whose employment is, at any time when this Agreement is in operation, subject to 
this Agreement (and does not apply to Executive staff); and 

• the Union if the FWC has noted in its decision to approve this Agreement that the Agreement 
covers the organisation. 

4.3 Period of Operation of this Agreement 
This Agreement commences operation seven days after the date on which the FWC approves the 
Agreement. The Agreement has a nominal expiry date of 30 June 2023. 

4.4 Savings Clause 

No Employee will have their pay or conditions reduced as a result of the making of this Agreement. This 
Agreement operates to the exclusion of all previous agreements between the parties and replaces all 
previous agreements. Any entitlement accrued under a previous agreement to an Employee's benefit will 
not be affected by the making of this Agreement and the accrued entitlement shall form part of this 
Agreement. 

4.5 Gender Equality 
Gender Pay Equity Principles 

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

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

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

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

d. Relationship between paid and unpaid work: Employment and pay practices recognise 
and accountfor 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. 

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

Commitment to collaborative approach to achieving gender pay equity. 
The Employer will work collaboratively with Employees and the Union to identify, support and 
implement strategies designed to eradicate the gender pay gap, gender inequality and 
discrimination across ColNVEST. 

Claims relating to systemic gender equality issues. 
A systemic gender equality issue means an issue of a systemic nature within an Employer, which 
adversely affects a class or group of Employees of the Employer relating to: 

5 


CoINVEST Enterprise Bargaining Agreement 2019 4. ABOUT THIS AGREEMENT This Agreement is made in Victoria. For the purposes of matters relating to this Agreement, the Employer is represented by the Chief Executive Officer of CoINVEST or their nominated deputy. 4.1 Notices Any notice to an Employee shall be deemed to be duly served if delivered personally at the usual workplace or sent by mail to the last known postal address of the Employee. 4.2 Application of Agreement and Parties Bound The Agreement is made under Part 2-4 of the FW Act, between the Employer and the Employees who will be covered by the agreement. It does not apply to CoINVEST Limited Executive staff. This agreement applies to and is binding on: CoINVEST Limited. all Employees whose employment is, at any time when this Agreement is in operation, subject to this Agreement (and does not apply to Executive staff); and the Union if the FWC has noted in its decision to approve this Agreement that the Agreement covers the organisation. 4.3 Period of Operation of this Agreement This Agreement commences operation seven days after the date on which the FWC approves the Agreement. The Agreement has a nominal expiry date of 30 June 2023. 4.4 Savings Clause No Employee will have their pay or conditions reduced as a result of the making of this Agreement. This Agreement operates to the exclusion of all previous agreements between the parties and replaces all previous agreements. Any entitlement accrued under a previous agreement to an Employee's benefit will not be affected by the making of this Agreement and the accrued entitlement shall form part of this Agreement. 4.5 Gender Equality Gender Pay Equity Principles The provisions of this Agreement are to be interpreted consistently with the following gender pay equity principles: a. Establishing equal pay for work of equal or comparable value: Equal or comparable value refers to work valued as equal in terms of skill, effort, responsibility and working conditions. This includes work of different types. b. Freedom from bias and discrimination: Employment and pay practices are free from the effects of unconscious bias and assumptions based on gender. c. Transparency and accessibility: Employment and pay practices, pay rates and systems are transparent. Information is readily accessible and understandable d. Relationship between paid and unpaid work: Employment and pay practices recognise and account for different patterns of labour force participation by workers who undertake unpaid and/ or caring work. e. Sustainability: Interventions and solutions are collectively developed and agreed, sustainable and enduring. f. Participation and engagement: Workers, unions and employers work collaboratively to achieve mutually agreed outcomes. Meaning of 'Pay' In this clause, 'pay' refers to remuneration including but not limited to salary, bonuses, overtime payments, allowances and superannuation. Commitment to collaborative approach to achieving gender pay equity. The Employer will work collaboratively with Employees and the Union to identify, support and implement strategies designed to eradicate the gender pay gap, gender inequality and discrimination across CoINVEST. Claims relating to systemic gender equality issues. A systemic gender equality issue means an issue of a systemic nature within an Employer, which adversely affects a class or group of Employees of the Employer relating to: 5




 



Co INVEST Enterprise Bargaining Agreement 2019 

(a) The gender composition of any or all workforce levels of the Employer; or 
(b) The gender composition of governing bodies; or 
(c) Equal remuneration for work of equal or comparable value across any or all workforce 

levels of the Employer, irrespective of gender; or 
(d) Sexual harassment in the workplace; or 
(e) Recruitment and promotion practices in the workplace; or 
(f) 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 

(g) Gendered workplace segregation. 
The Union and/or a class or group of Employees (ClaimanVs) may seek resolution of a dispute 
relating to a systemic gender equality issue (Claim) in accordance with this clause. 

(a) A Claim or Claims under this clause must be made in writing to the Employer. 
(b) 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. 

The Employer must meet and discuss the Claim with the Claimant prior to responding to the 
Claim. 

(a) 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 
Employers response to each element of the Claim and reasons why the Claim is accepted 
or rejected. 

(b) 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 Gender Equality Commissioner 
(Commissioner) to deal with. 

(c) Common Claims against Co INVEST may be referred to the Commissioner if the Claims 
relate to a adversely affects a class or group of Employee, and the Claims are referred by 
any of the Parties in clause 4.2 (Application of Agreement and Parties Bound) of this 
Agreement. 

In dealing with a Claim, the Commissioner: 
(a) Must consider the Gender Pay Equity Principles; and 
(b) Must be objective and free from assumptions based on gender; and 
(c) 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 
(d) 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 

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

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

(g) Must consider evidence that the Claim may not be isolated to the Employer subject to the 
Claim; and 

(h) 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 

i. Must consider the views of the Claimant prior to jointly dealing with multiple Claims 
or disputes; and 

ii. 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. 

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. 
A Claimant may choose to be represented at any stage by a representative, including a Union 
representative or Employers organisation. 
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. 
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 ad irection by the Employer to 

6 


CoINVEST Enterprise Bargaining Agreement 2019 (a) The gender composition of any or all workforce levels of the Employer; or (b) The gender composition of governing bodies; or (c) Equal remuneration for work of equal or comparable value across any or all workforce levels of the Employer, irrespective of gender; or (d) Sexual harassment in the workplace; or (e) Recruitment and promotion practices in the workplace; or (f) 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 (g) Gendered workplace segregation. The Union and/or a class or group of Employees (Claimant/s) may seek resolution of a dispute relating to a systemic gender equality issue (Claim) in accordance with this clause (a) A Claim or Claims under this clause must be made in writing to the Employer. (b) 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. The Employer must meet and discuss the Claim with the Claimant prior to responding to the Claim. (a) 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 and reasons why the Claim is accepted (b) If the Claim is unable to be resolved between the Employer and the Claimant/s, either the or rejected. Claimant/s or the Employer may refer the Claim to the Gender Equality Commissioner (Commissioner) to deal with. (c) Common Claims against CoINVEST may be referred to the Commissioner if the Claims relate to a adversely affects a class or group of Employee, and the Claims are referred by any of the Parties in clause 4.2 (Application of Agreement and Parties Bound) of this Agreement. In dealing with a Claim, the Commissioner (a) Must consider the Gender Pay Equity Principles; and (b) Must be objective and free from assumptions based on gender; and (c) 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 (d) 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 (e) Must ensure that dispute resolution outcomes consider current or historical gender-based discrimination and do not further promote systemic undervaluation; and (f) Must deal with the Claim in a manner that is independent of the Employer or the Claimant; ) Must consider evidence that the Claim may not be isolated to the Employer subject to the and ) May jointly deal with a Claim and any other dispute which has been referred to the Claim; and Commissioner which relates to the same or similar systemic gender equality issues; and i. Must consider the views of the Claimant prior to jointly dealing with multiple Claims or disputes; and ii. 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. 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. A Claimant may choose to be represented at any stage by a representative, including a Union representative or Employer's organisation 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. 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 6




 



Co/NVEST Enterprise Bargaining Agreement 2019 

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. 

Gender Equality Action Plans 
The Employer will consult with the Union in the preparation of Gender Equal tty Action Plans under 
the Gender Equality Act 2020 (Vic). 

4.6 Anti-Discrimination 
It is the intention of the Parties covered by this agreement to achieve the principal object in section 336(c) 
of the FW Act through respecting and valuing the diversity of the workforce by helping to prevent and 
eliminate discrimination on the basis of race, colour, sex, sexual orientation, age, physical or mental 
disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national 
extraction or social origin. 
Accordingly, in fu~illing their obligations under the procedures in clause 9 (Resolution of Disputes), the 
Parties must make every endeavour to ensure that neither the agreement provisions nor their operation 
are directly or indirectly discriminatory in their effects. 

Nothing in this clause is to be taken to affect: 
(a) any different treatment (or treatment having different effects) which is specifically exempted under 

the Commonwealth anti-discrimination State or Federal jurisdiction, including by application to the 
Australian Human Rights Commission; or 

(b) the exceptions in section 351(2) and 772(2) of the FW Actor the operation of sections 772(3) 
and 772(4) of the FW Act. 

The Employer will act in accordance with its obligations under: 
(a) the Equal Opportunity Act 2010 (Vic); and 
(b) the Victorian Charter of Human Rights and Responsibilities. 

These obligations apply to the Employer but do not form part of the Agreement. 

4. 7 Joint Consultative Committee 
A Joint Consultative Committee will be established to monitor and review the implementation of this 
Agreement over its period of operation. The Joint Consultative Committee will consist of two 
representatives of the Employer, three representatives of Employees and an Industrial Officer of the Union. 
The committee will meet monthly or as decided by the commtttee. The committee will 
determine its own terms of reference. 
Among other matters, the Committee will review Human Resources policy documents in the first24 
months of this Agreement. 

4.8 Implementation of change 
Where the Employer has developed a proposal for major change likely to have a significant effect on 
Employees, such as a restructure of the workplace, the introduction of new technology or changes to 
existing work practices of Employees, the Employer will advise: 

(a) the relevant Employees and the relevant Union covered by this Agreement of the proposed change 
as soon as practicable after the proposal has been made. 

(b) the relevant Employees and the relevant Union covered by this Agreement of 
(c) the likely effects on the Employees' working conditions and responsibilities. 
( d) of the rationale and intended benefits of any change, including improvements to productivity, if 

applicable. 

For the purpose of this clause, a major change is likely to have a significant effect on Employees if it 
results in: 

(a) the termination of the employment of Employees; 
(b) major change to the composition, operation or size of the Employer's workforce or to the skills 

required of Employees; 
(c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); 
(d) the alteration of hours of work; 
(e) the need to retrain Employees; 
(f) the need to relocate Employees to another workplace; 
(g) the restructuring of jobs; 
(h) a change employees' regular roster or ordinary hours of work 

7 


CoINVEST Enterprise Bargaining Agreement 2019 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. Gender Equality Action Plans The Employer will consult with the Union in the preparation of Gender Equality Action Plans under the Gender Equality Act 2020 (Vic). 4.6 Anti-Discrimination It is the intention of the Parties covered by this agreement to achieve the principal object in section 336(c) of the FW Act through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin. Accordingly, in fulfilling their obligations under the procedures in clause 9 (Resolution of Disputes), the Parties must make every endeavour to ensure that neither the agreement provisions nor their operation are directly or indirectly discriminatory in their effects. Nothing in this clause is to be taken to affect: (a) any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination State or Federal jurisdiction, including by application to the Australian Human Rights Commission; or (b) the exceptions in section 351(2) and 772(2) of the FW Act or the operation of sections 772(3) and 772(4) of the FW Act. The Employer will act in accordance with its obligations under: (a) the Equal Opportunity Act 2010 (Vic); and (b) the Victorian Charter of Human Rights and Responsibilities. These obligations apply to the Employer but do not form part of the Agreement. 4.7 Joint Consultative Committee A Joint Consultative Committee will be established to monitor and review the implementation of this Agreement over its period of operation. The Joint Consultative Committee will consist of two representatives of the Employer, three representatives of Employees and an Industrial Officer of the Union. The committee will meet monthly or as decided by the committee. The committee will determine its own terms of reference. Among other matters, the Committee will review Human Resources policy documents in the first 24 months of this Agreement. 4.8 Implementation of change Where the Employer has developed a proposal for major change likely to have a significant effect on Employees, such as a restructure of the workplace, the introduction of new technology or changes to existing work practices of Employees, the Employer will advise: (a) the relevant Employees and the relevant Union covered by this Agreement of the proposed change as soon as practicable after the proposal has been made (b) the relevant Employees and the relevant Union covered by this Agreement of (c) the likely effects on the Employees' working conditions and responsibilities. (d) of the rationale and intended benefits of any change, including improvements to productivity, if applicable. For the purpose of this clause, a major change is likely to have a significant effect on Employees if it results in: (a) the termination of the employment of Employees; (b) major change to the composition, operation or size of the Employer's workforce or to the skills required of Employees (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); 0004 05 (d) the alteration of hours of work; (e) the need to retrain Employees; (f) the need to relocate Employees to another workplace; (g) the restructuring of jobs; (h) a change employees' regular roster or ordinary hours of work 7




 



Co/NVEST Enterprise Bargaining Agreement 2019 

The Employer will: 
(a) regularly consult with relevant Employees and the relevant Union covered by this Agreement; and 
(b) give prompt consideration to matters raised by the Employees or the Employees relevant Union 

covered by this Agreement; and 
(c) where appropriate provide training for the Employees to assist them to integrate successfully into the 

new structure. 

In accordance with this clause, the relevant Employees 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 
and the relevant Union covered by this Agreement if the Employer does not accept its proposals. 

(c) Indicative reasonable timeframes are as follows: 

Step in process Number of working days in which 
to oerform each steo 

Employer advises Employees and relevant 
Union covered bv this Aareement 
Response from Employees or the relevant 5 days following receipt of written 
Union covered bv this Anreement advice from Emolover 
Meetinn convened /if renuested) 5 davs followina request for meetina 
Further Em• lover resnonse /if relevant) 5 davs followinq meetina 
Alternative proposal from Employees or 1 O days following receipt of 
relevant Union covered by this Agreement Employer response 
(if annlicable) 
Employer response to any alternative 10 days following receipt of 
• ro • osal alternative oro• osal 

(d) Any dispute concerning the Parties' obligations under this clause shall be dealt with in accordance 
with clause 9 (Resolution of Disputes) 

4.9 Right of Representation 
Persons, including officers of the Union, authorised by an Employee to act as their representative(s) shal 
be allowed by the Employer reasonable access and time to consult with the Employee on matters relating 
to this Agreement. Employees may be accompanied by or represented by a representative in discussions 
and negotiations with the Employer in relation to all matters arising from or in relation to this Agreement. 
Where an Employee wishes to be represented by a person other than a union officer, the Employer may 
require the representative to be appointed in writing. 

4.10 Further Agreement 
The parties will commence negotiations on an agreement to succeed this Agreement no later than three 
months prior to the nominal expiry date of this Agreement. 

5. WORKING GROUPS 
5.1 Superannuation Working Group 
Representatives of Co INVEST, the Union and their nominees will work together to plan a superannuation 
package going forward that is attractive, meets industry standards and is sustainable, and: 

• Will work collaboratively. 
• Will share information in a timely fashion. 
• May seek assistance to reach agreement. 

The working group will aim to commence within 6 months of Certification of this agreement. 

5.2 Gender Equality Working Group 
The Parties will establish a Joint ColNVEST Union Gender Equality Working Group, made up of 
Co INVEST and Union representatives and nominees, to work on improving Gender Equtty at Co INVEST 
across the life of this agreement. 
The working group: 

• Will Work collaboratively. 
• Will share information in a timely fashion. 

8 


CoINVEST Enterprise Bargaining Agreement 2019 The Employer will: (a) regularly consult with relevant Employees and the relevant Union covered by this Agreement; and (b) give prompt consideration to matters raised by the Employees or the Employees relevant Union covered by this Agreement; and (c) where appropriate provide training for the Employees to assist them to integrate successfully into the new structure. In accordance with this clause, the relevant Employees 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 and the relevant Union covered by this Agreement if the Employer does not accept its proposals. (c) Indicative reasonable timeframes are as follows: Step in process Number of working days in which to perform each step Employer advises Employees and relevant Union covered by this Agreement Response from Employees or the relevant | 5 days following receipt of written Union covered by this Agreement 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 or relevant Union covered by this Agreement 10 days following receipt of Employer response (if applicable) Employer response to any alternative 10 days following receipt of proposal alternative proposal (d) Any dispute concerning the Parties' obligations under this clause shall be dealt with in accordance with clause 9 (Resolution of Disputes) 4.9 Right of Representation Persons, including officers of the Union, authorised by an Employee to act as their representative(s) shall be allowed by the Employer reasonable access and time to consult with the Employee on matters relating to this Agreement. Employees may be accompanied by or represented by a representative in discussions and negotiations with the Employer in relation to all matters arising from or in relation to this Agreement. Where an Employee wishes to be represented by a person other than a union officer, the Employer may require the representative to be appointed in writing. 4.10 Further Agreement The parties will commence negotiations on an agreement to succeed this Agreement no later than three months prior to the nominal expiry date of this Agreement. 5. WORKING GROUPS 5.1 Superannuation Working Group Representatives of CoINVEST, the Union and their nominees will work together to plan a superannuation package going forward that is attractive, meets industry standards and is sustainable, and: . Will work collaboratively. Will share information in a timely fashion. May seek assistance to reach agreement. The working group will aim to commence within 6 months of Certification of this agreement. The Parties will establish a Joint CoINVEST Union Gender Equality Working Group, made up of 5.2 Gender Equality Working Group CoINVEST and Union representatives and nominees, to work on improving Gender Equity at CoINVEST across the life of this agreement. The working group: Will Work collaboratively. . Will share information in a timely fashion. 8




 



Co/NVEST Enterprise Bargaining Agreement 2019 

• May seek assistance to reach agreement; and will implement any agreed outcomes during the 
term of this Agreement; or seek a Variation to the Agreement if required. 

The working group will aim to commence within 12 months of the certification of this Agreement. 

5.3 Grade Classification Review 
The Parties will establish a Joint ColNVEST Union Grade Classification Working Group, made up of 
Co INVEST and Union representatives and nominees, to review Classification and work Value of roles at 
Co INVEST across the life of the Agreement. 
The working group: 

• Will Work collaboratively 
• Will share information in a timely fashion. 
• Will work for a joint agreement. 
• May seek assistance to reach agreement. 
• Will implement any agreed outcomes during the term of this Agreement; or seek a Variation to the 

Agreement if required. 
The working group will aim to commence within 12 months of the certification of this Agreement. 

6. HOURS OF WORK 
6.1 Ordinary Hours 
In keeping with the goals and objectives of this Agreement, hours of work need to be flexible to take into 
account the operational requirements of the Employer and the personal and family circumstances of 
Employees. 

The ordinary hours of work shall be 76 hours per fortnight worked from Monday to Friday between the 
hours of 7:45 am and 5:30 pm, which is the bandwidth for the purposes of flextime. 
Any hours worked outside of these ordinary hours may be arranged by prior approval from a Manager, 
subject to operational needs. 

6.2 Flextime 
Subject to operational needs, including the provision of a high standard of customer service, full-time and 
part-time Employees in Grades 1, 2, 3, and 4 are eligible to participate in a system of flexible working 
hours (flextime). 
Flextime is intended to benefit both ColNVEST and its Employees by providing flexibility in hours of 
attendance to meet business requirements and the personal needs of Employees. Flextime also allows 
Employees to accumulate hours which, with prior approval from a supervisor, may be used to take flexi­
leave. 

• The core working hours during which staff are required to be present are 9.00am to noon and 
2.00pm to 4.00pm. 

• A meal break for a minimum of 30 minutes must be taken between noon and 2:00pm, subject to 
the requirement that an Employee must be allowed an interval for a meal after each 5 hours of 
continuous work. 

• An Employee may accrue a credit of up to 22 hours and 48mins. No debit of greater than 7 hours 
is permitted. 

Application forflexi-leave must be made and approved in advance. Applications will be considered in the 
light of the needs of the Employee's business unit at the time. Unless special circumstances exist, the 
number of hours requested must have been accrued as a credit. 
This will not preclude any other written arrangements made with Co INVEST. 

6.3 Grades 5 and 6 
Employees in Grades 5 and 6 are not eligible to participate in the Flextime system. However 
Employees at this level are entitled to 1 rostered day off (RDO) in every two months of the calendar year. 
These days must be taken agreement with relevant Manager. 

Part time Employees in these grades will accumulate RD Os on a pro rata basis dependent on their 
individual circumstances and arrangements. 

6.4 Additional Hours 
Only with the agreement of the relevant supervisor, or in the case of an emergency or pressing need, 
hours additional to the standard cycle may be worked. In recognition of such additional hours Employees 
in Grades 1 to 6 will receive payment for overtime, or on election by the Employee and with the approval of 
the relevant Supervisor/Manager, time off in lieu. 

9 


CoINVEST Enterprise Bargaining Agreement 2019 May seek assistance to reach agreement; and will implement any agreed outcomes during the term of this Agreement; or seek a Variation to the Agreement if required. The working group will aim to commence within 12 months of the certification of this Agreement. 5.3 Grade Classification Review The Parties will establish a Joint CoINVEST Union Grade Classification Working Group, made up of CoINVEST and Union representatives and nominees, to review Classification and work Value of roles at CoINVEST across the life of the Agreement. The working group: Will Work collaboratively Will share information in a timely fashion. Will work for a joint agreement. . May seek assistance to reach agreement. Will implement any agreed outcomes during the term of this Agreement; or seek a Variation to the Agreement if required. The working group will aim to commence within 12 months of the certification of this Agreement. 6. HOURS OF WORK 6.1 Ordinary Hours In keeping with the goals and objectives of this Agreement, hours of work need to be flexible to take into account the operational requirements of the Employer and the personal and family circumstances of Employees. The ordinary hours of work shall be 76 hours per fortnight worked from Monday to Friday between the hours of 7:45 am and 5:30 pm, which is the bandwidth for the purposes of flextime Any hours worked outside of these ordinary hours may be arranged by prior approval from a Manager, subject to operational needs. 6.2 Flextime Subject to operational needs, including the provision of a high standard of customer service, full-time and part-time Employees in Grades 1, 2, 3, and 4 are eligible to participate in a system of flexible working Flextime is intended to benefit both CoINVEST and its Employees by providing flexibility in hours of hours (flextime). attendance to meet business requirements and the personal needs of Employees. Flextime also allows Employees to accumulate hours which, with prior approval from a supervisor, may be used to take flexi- leave. . The core working hours during which staff are required to be present are 9.00am to noon and 2.00pm to 4.00pm A meal break for a minimum of 30 minutes must be taken between noon and 2:00pm, subject to the requirement that an Employee must be allowed an interval for a meal after each 5 hours of continuous work. An Employee may accrue a credit of up to 22 hours and 48mins. No debit of greater than 7 hours Application for flexi-leave must be made and approved in advance. Applications will be considered in the is permitted. light of the needs of the Employee's business unit at the time. Unless special circumstances exist, the number of hours requested must have been accrued as a credit. This will not preclude any other written arrangements made with CoINVEST. 6.3 Grades 5 and 6 Employees in Grades 5 and 6 are not eligible to participate in the Flextime system. However Employees at this level are entitled to 1 rostered day off (RDO) in every two months of the calendar year. These days must be taken agreement with relevant Manager. Part time Employees in these grades will accumulate RDOs on a pro rata basis dependent on their individual circumstances and arrangements. 6.4 Additional Hours Only with the agreement of the relevant supervisor, or in the case of an emergency or pressing need, hours additional to the standard cycle may be worked. In recognition of such additional hours Employees in Grades 1 to 6 will receive payment for overtime, or on election by the Employee and with the approval of the relevant Supervisor/Manager, time off in lieu. 9




 



Co/NVEST Enterprise Bargaining Agreement 2019 

Time in lieu will be accrued at the equivalent overtime rate. 

Payments for additional hours will be based on salary and will not be able to be packaged as other forms 
of benefit. 

A meal break for a minimum of 30 minutes must be taken, subject to the requirement that an Employee 
must be allowed an interval for a meal after each 5 hours of continuous work. 

6.5 Overtime Payments 
Payment will be at the following rates: 

Monda" to Saturdav-first 2 hours 1.5 X 

Monda" to Saturdav-after 2 hours 2.0x 
Sund av-all dav 2.0x 
Public holidav-all da" 2.5x 

Co INVEST will pay an employee a minimum of 3 hours at overtime rates for work performed on a Saturday 

Co INVEST will pay an employee a minimum of 4 hours at overtime rates for work performed on a Sunday. 

Accrued time in lieu may be utilised at a time agreed between the Employer and the Employee. 

Where an Employee works additional hours ona day on which ordinary hours are usually worked, no 
payment will be made for additional hours unless contracted hours have been completed on that day, or 
for that week. 

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 or other care 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. 

6.6 After hours support 
Where an Employee: 

• is required to visit the office outside of ordinary hours; or 
• is contacted after 1 0pm to attend to work responsibilities; or 
• attends to a support call from home in excess of thirty minutes; or 
• attends to multiple calls from home regardless of duration, then: 

o The Employee will be entltled to a minimum of three hours of overtime or equivalent time in lieu 
at Employees' election. 

o Rates of payment for overtime are as specified above titled Overtime Payments. 
o Overtime payments and time in lieu arrangements will be in addition to the on-call allowance. 

7. PAYMENT OF SALARY AND BENEFITS 

All salaries, allowances, or overtime payments due shall be paid by direct credit to the Employee's account 
with nominated financial institutions, subject to the limitations of the payroll system. In exceptiona 
circumstances the Employer may make provision for payment by cheque. 

Where a normal payday/alls on a public holiday the direct credit to the Employee's nominated account shall 
be made no later than the last working day before that public holiday. 
Employees shall be provided with written details regarding the makeup of their payment and any deductions. 

The Employee may authorise deductions from salary to superannuation funds. Pay in advance is available for 
Recreation Leave and Long Service Leave only where special circumstances exist, for example when 
travelling overseas and/or access to a bank account is not available or is greatly restricted. A minimum of twJ 
weeks' notice is required. 

8. PUBLIC HOLIDAYS 

Employees (other than casual Employees) shall be entitled to the following holidays without loss of pay: 
• 1 January (New Year's Day) 

10 


CoINVEST Enterprise Bargaining Agreement 2019 Time in lieu will be accrued at the equivalent overtime rate. Payments for additional hours will be based on salary and will not be able to be packaged as other forms of benefit. A meal break for a minimum of 30 minutes must be taken, subject to the requirement that an Employee must be allowed an interval for a meal after each 5 hours of continuous work. 6.5 Overtime Payments Payment will be at the following rates: Monday to Saturday-first 2 hours 1.5x Monday to Saturday-after 2 hours 2.0× Sunday-all day 2.0× Public holiday-all day 2.5x CoINVEST will pay an employee a minimum of 3 hours at overtime rates for work performed on a Saturday CoINVEST will pay an employee a minimum of 4 hours at overtime rates for work performed on a Sunday. Accrued time in lieu may be utilised at a time agreed between the Employer and the Employee. Where an Employee works additional hours on a day on which ordinary hours are usually worked, no payment will be made for additional hours unless contracted hours have been completed on that day, or for that week. 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 or other care 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. 6.6 After hours support Where an Employee: . is required to visit the office outside of ordinary hours ; or . is contacted after 10pm to attend to work responsibilities; or . attends to a support call from home in excess of thirty minutes; or attends to multiple calls from home regardless of duration, then: . The Employee will be entitled to a minimum of three hours of overtime or equivalent time in lieu at Employees' election. Rates of payment for overtime are as specified above titled Overtime Payments. 0 0 Overtime payments and time in lieu arrangements will be in addition to the on-call allowance. 7. PAYMENT OF SALARY AND BENEFITS All salaries, allowances, or overtime payments due shall be paid by direct credit to the Employee's account with nominated financial institutions, subject to the limitations of the payroll system. In exceptional circumstances the Employer may make provision for payment by cheque. Where a normal payday falls on a public holiday the direct credit to the Employee's nominated account shall be made no later than the last working day before that public holiday. Employees shall be provided with written details regarding the makeup of their payment and any deductions. The Employee may authorise deductions from salary to superannuation funds. Pay in advance is available for Recreation Leave and Long Service Leave only where special circumstances exist, for example when travelling overseas and/or access to a bank account is not available or is greatly restricted. A minimum of two weeks' notice is required. 8. PUBLIC HOLIDAYS Employees (other than casual Employees) shall be entitled to the following holidays without loss of pay: · 1 January (New Year's Day) 10




 



Co/NVEST Enterprise Bargaining Agreement 2019 

• 26 January (Australia Day) 
• The second Monday in March (Labour Day) 
• Good Friday 
• Easter Saturday 
• Easter Sunday 
• Easter Monday 
• 25 April (Anzac Day) 
• The second Monday in June (Queen's Birthday) 
• AFL Grand Final Eve 
• The first Tuesday in November(Melbourne Cup Day) 
• Christmas Day 
• Boxing Day 

This clause will apply to any other gazetted public holiday applicable to the Melbourne metro area. 
Staff in regional areas may choose to substitute Metro public holidays for a regionally recognised public holiday 
via request to Manager. 

8.1 Substitute Days 
• When Christmas Day is a Saturday, a holiday in lieu shall be observed on the Monday after 

Christmas Day. 
• When Christmas Day is on a Sunday, a holiday in lieu shall be observed on the Tuesday after 

Christmas Day. 
• When Boxing Day is a Saturday, a holiday in lieu shall be observed on the Monday after Boxing 

Day. 
• When Boxing Day is on a Sunday, a holiday in lieu shall be observed on the Tuesday after Boxing 

Day. 
• When New Year's Day or Australia Day is a Saturday or a Sunday, a holiday in lieu shall be 

observed on the next Monday. 

9. RESOLUTION OF DISPUTES 

9.1 For the purposes of this clause, a dispute includes a grievance. 

9.2 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 bedealtwith in accordance with this clause. To avoid doubt, a dispute about 
termination of employment cannot be dealt with under this clause. 

9.3 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. 

9.4 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. 

9.5 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. 

9.6 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. 

9.7 Agreement and Dispute Settlement Facilitation 
(a) For the purposes of compliance with this Agreement (including compliance with this dispute 

11 


CoINVEST Enterprise Bargaining Agreement 2019 . 26 January (Australia Day) . The second Monday in March (Labour Day) Good Friday Easter Saturday Easter Sunday Easter Monday 25 April (Anzac Day) The second Monday in June (Queen's Birthday) AFL Grand Final Eve The first Tuesday in November (Melbourne Cup Day) Christmas Day Boxing Day This clause will apply to any other gazetted public holiday applicable to the Melbourne metro area. Staff in regional areas may choose to substitute Metro public holidays for a regionally recognised public holiday via request to Manager. 8.1 Substitute Days . When Christmas Day is a Saturday, a holiday in lieu shall be observed on the Monday after Christmas Day. . When Christmas Day is on a Sunday, a holiday in lieu shall be observed on the Tuesday after Christmas Day. When Boxing Day is a Saturday, a holiday in lieu shall be observed on the Monday after Boxing When Boxing Day is on a Sunday, a holiday in lieu shall be observed on the Tuesday after Boxing Day. Day . When New Year's Day or Australia Day is a Saturday or a Sunday, a holiday in lieu shall be observed on the next Monday. 9. RESOLUTION OF DISPUTES 9.1 For the purposes of this clause, a dispute includes a grievance. 9.2 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. 9.3 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. 9.4 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. 9.5 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. 9.6 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. 9.7 Agreement and Dispute Settlement Facilitation (a) For the purposes of compliance with this Agreement (including compliance with this dispute 11




 



Co INVEST Enterprise Bargaining Agreement 2019 

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: 

(a) investigating the circumstances of a dispute or an alleged breach of this Agreement; or 
(b) endeavouring to resolve a dispute arising out of the operation of this Agreement; or 
(c) participating in conciliation, arbitration, or any other agreed alternative dispute resolution process. 
(d) 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. 

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

of the Employee(s ). 
(b) If the dispute is not settled, the aggrieved Employee(s) can require that the dispute be discussed 

with another representative of the Employer appointed for the purposes of this procedure. 

9.9 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 li!Ue 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. 

9.1 O 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. 

9.11 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 Ito the dispute to agree on settlement 
terms. 

(b) This may include arranging: 
(i) conferences of the parties to the dispute presided over by the member; and 
(ii) for the parties to the dispute to confer among themselves at conferences at which the 

member is not present. 
(c) Conciliation before the FWC will be regarded as completed when: 

(i) the parties to the dispute have reached agreement on the settlement of the dispute; or 
(ii) the member of the FWC conducting the conciliation has, either of their own motion or after 

an application by a party to the dispute, satisfied themselves that there is no likelihood 
that, within a reasonable period, further conciliation will result in a settlement; or 

(iii) the parties to the dispute have informed the FWC member that there is no likelihood of 
agreement on the settlement of the dispute and the member does not have substantial 
reason to refuse to regard the conciliation proceedings as completed. 

9.12 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 W a 
party to the dispute objects to the member \doing so. 

(c) Subject to clause 9.12(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. 

12 


CoINVEST Enterprise Bargaining Agreement 2019 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: (a) investigating the circumstances of a dispute or an alleged breach of this Agreement; or (b) endeavouring to resolve a dispute arising out of the operation of this Agreement; or (c) participating in conciliation, arbitration, or any other agreed alternative dispute resolution process. (d) 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. 9.8 Discussion of Dispute (a) The dispute must first be discussed by the aggrieved Employee(s) with the immediate supervisor of the Employee(s). (b) If the dispute is not settled, the aggrieved Employee(s) can require that the dispute be discussed with another representative of the Employer appointed for the purposes of this procedure. 9.9 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 (iv) is conducted with as little formality as a proper consideration of the dispute allows. the review; and (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. 9.10 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. 9.11 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 (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. 9.12 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 9.12(d), the determination of the FWC is binding on the persons covered by this (d) A determination of a single member of the FWC made pursuant to this clause may, with the Agreement. permission of a Full Bench of the FWC, be appealed. 12




 



Co/NVEST Enterprise Bargaining Agreement 2019 

9.8 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. 

10. LEAVE POLICIES 
10.1 Preservation of Certain Sick Leave and Long Service Leave Entitlements 
For the avoidance of doubt the entitlements of Employees who transferred from employment with the 
Construction Industry Long Service Leave Board to Co INVEST in December 1997 will continue to apply 
where the subject matter is not dealt with in this Agreement or provides a superior entitlement, unless 
otherwise agreed between the Employer and Employee. 

10.2 Recreation (Annual) Leave 
An Employee is entitled to twenty days (152 hours) paid recreation leave for each calendar year of 
service or on a pro rata basis for any period of service which is less than one calendar year. 
Recreation leave entitlements for part time Employees are on a pro-rata basis. 

Co INVEST encourages staff to utilize their recreation leave for a healthy work life balance. In instances 
where recreation leave accrues in excess of 8 weeks, a staff member should make a plan with their 
supervisor to utilize to use their recreation leave, unless agreed with their manager. This will be in 
accordance with the Recreation Leave Cash Out Policy. 

10.3 Recreation (Annual) Leave- Cash Out 
Where an Employee has an accrued entitlement to 152 hours leave, the excess over 152 hours may be 
cashed out according to the fdlowing conditions: 

(a) the recreation leave must not be cashed out if the cashing out would result in the Employee's 
remaining accrued entitlement to paid recreation leave being less than 152 hours. 

(b) each cashing out of a particular amount of paid recreation leave must be by a separate 
agreement in writing between the Employer and the Employee; an 

(c) the Employee must be paid at least the full amount that would have been payable to the 
Employee had the Employee taken the leave that the Employee has forgone. 

(d) this 'cash out' clause may be utilised by an Employee once during the course of this 
Agreement, unless otherwise agreed by the Employer and Employee. 

10.4 Christmas Shutdown 
Co INVEST will shut down for the period between Christmas and New Year. Where an Employee who has 
been recruited to Co INVEST does not have sufficient service for recreation leave credits to cover the 
period of the shutdONn, an advance of credits for the following year will be provided. 
Employees are required to utilise their existing leave entitlements including flex leave, or recreation leave 
(not including personal/carer's leave), to cover one and a half days of the three days not worked during 
this period which are not public holidays. One and a half days will be paid by Co INVEST. Any 
arrangements in place for the Christmas shut down with transferring Employees will be honoured by the 
Employer. 
The one and a half days paid for by Co INVEST will be the first working one and a half days after Boxing 
Day. 

Christmas shut down leave entitlement for part time Employees is on a pro rata basis. 

10.5 Personal/Carer's leave 
An Employee is entltled to twelve days (91.2 hours) paid sick leave for each year of employment by the 
Employer with the entitlement being cumulative. 
Sick leave entitlements for part time Employees are on a pro-rata basis. 

Sick leave may be applied to provide care and support to members of the employee's immediate family 
or household. For the purposes of Carer's Leave, The Employee's immediate family or household 
includes: 

• the Employee's spouse. 

• the employee's de facto spouse or same sex partner who lives with the employee on a bona fide 
domestic basis. 

• the employee's child (including an adopted child or stepchild); or 

• a parent, grandparent, grandchild or sibling. 

13 


CoINVEST Enterprise Bargaining Agreement 2019 9.8 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. 10. LEAVE POLICIES 10.1 Preservation of Certain Sick Leave and Long Service Leave Entitlements For the avoidance of doubt the entitlements of Employees who transferred from employment with the Construction Industry Long Service Leave Board to CoINVEST in December 1997 will continue to apply where the subject matter is not dealt with in this Agreement or provides a superior entitlement, unless otherwise agreed between the Employer and Employee. 10.2 Recreation (Annual) Leave An Employee is entitled to twenty days (152 hours) paid recreation leave for each calendar year of service or on a pro rata basis for any period of service which is less than one calendar year. Recreation leave entitlements for part time Employees are on a pro-rata basis. CoINVEST encourages staff to utilize their recreation leave for a healthy work life balance. In instances where recreation leave accrues in excess of 8 weeks, a staff member should make a plan with their supervisor to utilize to use their recreation leave, unless agreed with their manager. This will be in accordance with the Recreation Leave Cash Out Policy. 10.3 Recreation (Annual) Leave - Cash Out Where an Employee has an accrued entitlement to 152 hours leave, the excess over 152 hours may be cashed out according to the following conditions: (a) the recreation leave must not be cashed out if the cashing out would result in the Employee's remaining accrued entitlement to paid recreation leave being less than 152 hours. (b) each cashing out of a particular amount of paid recreation leave must be by a separate agreement in writing between the Employer and the Employee; an (c) the Employee must be paid at least the full amount that would have been payable to the Employee had the Employee taken the leave that the Employee has forgone. (d) this 'cash out' clause may be utilised by an Employee once during the course of this Agreement, unless otherwise agreed by the Employer and Employee. 10.4 Christmas Shutdown CoINVEST will shut down for the period between Christmas and New Year. Where an Employee who has been recruited to CoINVEST does not have sufficient service for recreation leave credits to cover the period of the shutdown, an advance of credits for the following year will be provided. Employees are required to utilise their existing leave entitlements including flex leave, or recreation leave (not including personal/carer's leave), to cover one and a half days of the three days not worked during this period which are not public holidays. One and a half days will be paid by CoINVEST. Any arrangements in place for the Christmas shut down with transferring Employees will be honoured by the The one and a half days paid for by CoINVEST will be the first working one and a half days after Boxing Employer. Day Christmas shut down leave entitlement for part time Employees is on a pro rata basis. 10.5 Personal/Carer's leave An Employee is entitled to twelve days (91.2 hours) paid sick leave for each year of employment by the Employer with the entitlement being cumulative. Sick leave entitlements for part time Employees are on a pro-rata basis. Sick leave may be applied to provide care and support to members of the employee's immediate family or household. For the purposes of Carer's Leave, The Employee's immediate family or household includes: the Employee's spouse. . the employee's de facto spouse or same sex partner who lives with the employee on a bona fide domestic basis. the employee's child (including an adopted child or stepchild); or a parent, grandparent, grandchild or sibling. 13




 



Co/NVEST Enterprise Bargaining Agreement 2019 

• a child, parent, grandparent, grandchild or sibling of a spouseordefacto partner of the Employee. 
An Employee may take paid personal/care's leave if the leave is taken: 

(a) because the Employee is not fitforworkbecause of a personal illness, or personal injury, affecting 
the Employee; or 

(b) to provide care or support to a member of the Employee's immediate family, or a member of the 
Employee's immediate family, or a member of the Employee's household, who requires support 
because of: 

(i) a personal illness, or personal injury, affecting the member; or 

(ii) an unexpected emergency affecting the member. 

Employees may be required by the Employer to give evidence that would satisfy a reasonable person that 
any leave taken was due to Employee being unfit for work orto care for members of the Employee's 
immediate family or household. 
Six days (45.6 hours) in each employment year may be taken without the production of a medical 
certificate but a medical certificate must be produced where more than two consecutive days of sick leave 
are taken. 
A medical certificate must state that the Employee is unftt for work, or, in the case of carer's leave, must 
state the condition of the person concerned and that this condition requires the Employee's care and 
support. 
Each Employee is entitled to two days of unpaid carer's leave 'per occasion' for genuine caring purposes 
or family emergencies if paid carer's leave is exhausted. An Employee may be granted unpaid leave in 
addition to the entitlement of twc days, to provide care and support for a member of their immediate family 
or household. 
Where, by arrangement in advance, an Employee has been granted sick leave to attend a consultation 
for the diagnosis or management of a medical condttion, a certificate stating that the Employee has 
attended for consultation shall be deemed to be a medical certificate for sick leave purposes. 

10.6 Long Service Leave 
Long Service Leave will be applied in accordance with the Long Service Leave Act 2018 (Vic) subject to 
the following provisions. 
The provisions for long service leave which applied under the Co INVEST Limited Enterprise agreement 
1999 remain effective until 1 December2001 and the provisions of this Agreement do not alter the accrual 
of long service leave to that date. 

From 2 December 2001, long service leave accnues at the rate of 57 minutes paid leave for every 
completed week of service. Accrual for part-time Employees is on a pro rata basis. Transferring 
Employees will accrue long service leave at the rate of 57 minutes paid leave for every completed IMl0I 
of service from 30 November 2003. For the avoidance of doubt, the accrual is equivalentto 1.3 weeks of 
long service leave per year of service. 
Employees who have seven years of recognised service are entitled to long service leave with pay. Where 
recognised service exceeds seven years, Employees may avail themselves of progressively accruing 
leave provided that the minimum long service leave that will be approved is an absence of one day. 
Long Service Leave on half pay will be available to Employees bound by this Agreement subject to the 
approval of the Chief Executive Officer who will consider the effect of the leave on Co INVESTs operations. 
The Chief Executive Officer must grant the request unless there are reasonable business grounds for 
refusing the request. 

All long service leave in excess of 5 days requires application to the Chief Executive Officer who will 
consider the effect on ColNVESTs operations of the Employee's absence over the period requested. The 
Chief Executive Officermustgrant the request a soon as practicable unless there are reasonable business 
grounds for refusing the request. 

10. 7 Pressing Necessity/ Compassionate Leave 
An Employee may be granted up to three days leave with pay on the death of a partner, immediate family 
member, a close relative, or in the event of an emergency situation. Leave for matters of pressing 
necessity is not available where the Employee would be entitled to the leave under the provisions for 
Extended Family Leave. 

10.8 Adoption/Parental Leave 
A full time Employee or part time Employee who has completed at least 6 months continuous service at 
the time of application, is entitled to paid leave as follows: 

(a) 16 weeks paid adoption/parental leave for a primary care giver. 

14 


CoINVEST Enterprise Bargaining Agreement 2019 · a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the Employee. An Employee may take paid personal/care's leave if the leave is taken: (a) because the Employee is not fit for work because of a personal illness, or personal injury, affecting the Employee; or (b) to provide care or support to a member of the Employee's immediate family, or a member of the Employee's immediate family, or a member of the Employee's household, who requires support because of: (i) a personal illness, or personal injury, affecting the member; or (ii) an unexpected emergency affecting the member. Employees may be required by the Employer to give evidence that would satisfy a reasonable person that any leave taken was due to Employee being unfit for work or to care for members of the Employee's immediate family or household. Six days (45.6 hours) in each employment year may be taken without the production of a medical certificate but a medical certificate must be produced where more than two consecutive days of sick leave are taken. A medical certificate must state that the Employee is unfit for work, or, in the case of carer's leave, must state the condition of the person concerned and that this condition requires the Employee's care and support. Each Employee is entitled to two days of unpaid carer's leave 'per occasion' for genuine caring purposes or family emergencies if paid carer's leave is exhausted. An Employee may be granted unpaid leave in addition to the entitlement of two days, to provide care and support for a member of their immediate family or household. Where, by arrangement in advance, an Employee has been granted sick leave to attend a consultation for the diagnosis or management of a medical condition, a certificate stating that the Employee has attended for consultation shall be deemed to be a medical certificate for sick leave purposes. 10.6 Long Service Leave Long Service Leave will be applied in accordance with the Long Service Leave Act 2018 (Vic) subject to the following provisions. The provisions for long service leave which applied under the CoINVEST Limited Enterprise agreement 1999 remain effectiveuntil 1 December 2001 and the provisions of this Agreement do not alter the accrual of long service leave to that date. From 2 December 2001, long service leave accrues at the rate of 57 minutes paid leave for every completed week of service. Accrual for part-time Employees is on a pro rata basis. Transferring Employees will accrue long service leave at the rate of 57 minutes paid leave for every completed week of service from 30 November 2003. For the avoidance of doubt, the accrual is equivalent to 1.3 weeks of long service leave per year of service. Employees who have seven years of recognised service are entitled to long service leave with pay. Where recognised service exceeds seven years, Employees may avail themselves of progressively accruing leave provided that the minimum long service leave that will be approved is an absence of one day. Long Service Leave on half pay will be available to Employees bound by this Agreement subject to the approval of the Chief Executive Officer who will consider the effect of the leave on CoINVEST s operations. The Chief Executive Officer must grant the request unless there are reasonable business grounds for refusing the request. All long service leave in excess of 5 days requires application to the Chief Executive Officer who will consider the effect on CoINVEST's operations of the Employee's absence over the period requested. The Chief Executive Officer mustgrant the request a soon as practicable unless there are reasonable business grounds for refusing the request. 10.7 Pressing Necessity/ Compassionate Leave An Employee may be granted up to three days leave with pay on the death of a partner, immediate family member, a close relative, or in the event of an emergency situation. Leave for matters of pressing necessity is not available where the Employee would be entitled to the leave under the provisions for Extended Family Leave. 10.8 Adoption/Parental Leave A full time Employee or part time Employee who has completed at least 6 months continuous service at the time of application, is entitled to paid leave as follows: (a) 16 weeks paid adoption/parental leave for a primary care giver. 14




 



Co/NVEST Enterprise Bargaining Agreement 2019 

(b) 6 weeks paid adoption/parental leave for a secondary care giver. 

1 0. 9 Parental Leave 
Full-time, Part-time and eligible Casual Employees (regular and systematic employment for at least 6 
months) are entitled to parental leave under this clause if: 

(a) the leave is associated with: 
i. the birth of a child of you or your Spouse; or 
ii. the placement of a child with you for adoption, or permanent care order; and you have or 

will have a responsibility for the care of the child. 
(b) Co INVEST will also pay your SGC while you are absent on parental leave. This will be paid at the 

same time that ColNVEST pays all other Employees. 

Summary of Parental Leave Entitlements 
Paid Unpaid leave 
leave 

Primary Carer Leave 
More than 6 months Continuous Service 16weeks Un to 36 weeks 
Less than 6 months Continuous Service 0 Un to 52 weeks 
Eliaible casual emplovee (regularpattemofworkover 12 months) 16weeks Un to 36 weeks 
Eliaible casual emr lovee (regularpattemofwork less than 12 months) 0 Up to 52 weeks 
Secondarv Carer 
More than 6 months Continuous Service 6weeks Up to 46 weeks 
Less than 6 months Continuous Service 0 Up to 52 weeks 
Eliaible casual emr lovee (regularpattemofworkover12 months) 6weeks Uo to 52 weeks 
Eliaible casual emrlovee (regularpattemofwork less than 12 months) 0 Uo to 52 weeks 
Permanent Care Leave 
Mo re than 12 months service 8 weeks I Un to 44 weeks I 
Less than 12 months service 0 Un to 52 weeks I 

SGC during Parental Leave: 
(a) Is for a maximum period of 52 weeks, calculated from the first day of leave. 
(b) Is paid regardless of whether you are the primary or secondary care giver; and 
(c) Will be calculated using your Base salary. 

Parental Leave- Primary Caregiver 

Total 

52weeks 
52weeks 
52weeks 
52weeks 

52weeks 
52weeks 
52weeks 
52weeks 

52weeks 
52 weeks 

If you have, or will have, completed at least six months paid continuous service and will be 
the primary caregiver in relation to the birth or adoption of your child, you are entitled to up 
to 52 weeks initial parental leave, comprising: 

(a) 16 weeks paid parental leave; and 
(b) up to 36 weeks unpaid parental leave. 
(c) If you will be the primary caregiver but have not completed at least twelve months 

paid continuous service at the time of the birth or adoption of your child, you are 
entitled to up to 52 weeks unpaid parental leave. 

If you are an eligible casual Employee who will be the primary caregiver at the time of the 
birth or adoption of your child, you are entitled to up to 52 weeks unpaid parental leave. 
Only one parent can receive primary caregiver parental leave entitlements in respect to 
the birth or adoption of their child. You cannot receive primary caregiver parental leave 
entitlements: 

(a) if your spouse is, or will be, the primary caregiver at the time of the birth or 
adoption of their child; 

(b) if your spouse has received, or will receive, paid maternity leave, primary caregiver 
entitlements, or a similar entitlement, from their Employer; or 

(c) if you have received, or will receive, secondary caregiver parental leave 
entitlements in relation to your child. 

Parental Leave- Secondary Caregiver 
If you have, or will have, completed at least six months paid continuous service and will be 
the secondary caregiver in relation to the birth or adoption of your child, you are entitled to 
up to 52 weeks parental leave, comprising: 

(a) 6 weeks paid parental leave; and 
(b) up to 46 weeks unpaid parental leave. 

15 


CoINVEST Enterprise Bargaining Agreement 2019 (b) 6 weeks paid adoption/parental leave for a secondary care giver. 10.9 Parental Leave Full-time, Part-time and eligible Casual Employees (regular and systematic employment for at least 6 months) are entitled to parental leave under this clause if: (a) the leave is associated with: i. the birth of a child of you or your Spouse; or ii. the placement of a child with you for adoption, or permanent care order; and you have or will have a responsibility for the care of the child. (b) CoINVEST will also pay your SGC while you are absent on parental leave. This will be paid at the same time that CoINVEST pays all other Employees. Summary of Parental Leave Entitlements Paid Unpaid leave Total leave Primary Carer Leave More than 6 months Continuous Service 16 weeks Up to 36 weeks 52 weeks Less than 6 months Continuous Service 0 Up to 52 weeks 52 weeks Eligible casual employee (regular pattem of work over 12 months) 16 weeks Up to 36 weeks 52 weeks Eligible casual employee (regular pattern of work less than 12 months) 0 Up to 52 weeks 52 weeks Secondary Carer More than 6 months Continuous Service 6 weeks Up to 46 weeks 52 weeks Less than 6 months Continuous Service 0 Up to 52 weeks 52 weeks Eligible casual employee (regular pattern of work over 12 months) 6 weeks Up to 52 weeks 52 weeks Eligible casual employee (regular pattem of work less than 12 months) | 0 Up to 52 weeks 52 weeks Permanent Care Leave More than 12 months service 8 weeks Up to 44 weeks 52 weeks Less than 12 months service 0 Up to 52 weeks 52 weeks SGC during Parental Leave: (a) Is for a maximum period of 52 weeks, calculated from the first day of leave. (b) Is paid regardless of whether you are the primary or secondary care giver; and (c) Will be calculated using your Base salary. Parental Leave - Primary Caregiver If you have, or will have, completed at least six months paid continuous service and will be the primary caregiver in relation to the birth or adoption of your child, you are entitled to up to 52 weeks initial parental leave, comprising: (a) 16 weeks paid parental leave; and (b) up to 36 weeks unpaid parental leave. (c) If you will be the primary caregiver but have not completed at least twelve months paid continuous service at the time of the birth or adoption of your child, you are entitled to up to 52 weeks unpaid parental leave. If you are an eligible casual Employee who will be the primary caregiver at the time of the birth or adoption of your child, you are entitled to up to 52 weeks unpaid parental leave Only one parent can receive primary caregiver parental leave entitlements in respect to the birth or adoption of their child. You cannot receive primary caregiver parental leave entitlements: (a) if your spouse is, or will be, the primary caregiver at the time of the birth or adoption of their child; (b) if your spouse has received, or will receive, paid maternity leave, primary caregiver entitlements, or a similar entitlement, from their Employer; or (c) if you have received, or will receive, secondary caregiver parental leave entitlements in relation to your child. Parental Leave - Secondary Caregiver If you have, or will have, completed at least six months paid continuous service and will be the secondary caregiver in relation to the birth or adoption of your child, you are entitled to up to 52 weeks parental leave, comprising: (a) 6 weeks paid parental leave; and (b) up to 46 weeks unpaid parental leave. 15




 



Co/NVEST Enterprise Bargaining Agreement 2019 

If you will be the secondary caregiver but have not completed at least twelve months paid 
continuous service at the time of the birth or adoption, you are entitled to up to 52 weeks 
unpaid parental leave. 
You cannot receive secondary caregiver parental leave entitlements where you have 
received primary caregiver parental leave entitlements in relation to your child. 

Pre-adoption leave 
If you are seeking to adopt a child you are entitled to 2 days paid leave for the purpose of 
attending any compulsory interviews or examinations as are necessary as part of the 
adoption procedure. 
You and Co INVEST should agree on the length of any unpaid leave. Where agreement is 
made Co INVEST may require you to provide satisfactory evidence supporting the leave. 

Permanent Care Leave 
If pursuant to the Children, Youth and Families Act 2005 (Vic) or any successor to that 
legislation you are granted a permanent care order in relation to the custody or 
guardianship ofa child and you are the primary caregiver for that child you will be entitled 
to 8 weeks' paid leave at a time to be agreed with ColNVEST. 

Continuing to work while pregnant 
Co INVEST may require you when pregnant to provide a medical certificate stating that 
you are fit to work your normal duties where you continue to work within a six week period 
immediately prior to the expected date of birth of your child. 

Parental Leave and 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. 

Transfer to a Safe Job 
Where you are 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 you 
make it inadvisable for you to continue at your present work, you will, be transferred to a 
safe job with no other change to your terms and conditions of employment until the 
commencement of parental leave. If the safe job is at a higher pay grade, you will be paid 
at the higher rate of pay. 
If the safe job is normally renumerated on lesser terms and conditions, or less than your 
normal contracted hours, you will continue to be paid at your normal rate and 'No Safe Job 
Paid Leave' will be used to make up any shortfall in hours or remuneration. 

If Co INVEST does not think it to be reasonably practicable to transfer you to a safe job, 
you may take no safe job paid leave, or Co INVEST may require you to take no safe job 
paid leave immediately for a period which ends at the earliest of either: 

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

(b) when your pregnancy results in the birth of a living child or when your pregnancy 
ends otherwise than with the birth of a living child. 

(c) The entitlement to no safe job leave is in addition to any other leave entitlement 
you have. 

Special Parental Leave 
Where your pregnancy terminates other than by the birth of a living child, you 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 you are entitled to access any paid and/or unpaid personal/carer's leave 
entitlements, and you may access unpaid Special Parental Leave; 

(b) where the pregnancy terminates after the completion of 20 weeks, during the 
certified period/s you are entitled to paid special maternity leave not exceeding the 
amount of paid parental leave and thereafter, to unpaid special parental leave. 

(c) Further discretionary Special Parental Leave entitlements may be made available 
with the agreement of the CEO, ona case by case basis. 

Notice and evidence requirements 

16 


CoINVEST Enterprise Bargaining Agreement 2019 If you will be the secondary caregiver but have not completed at least twelve months paid continuous service at the time of the birth or adoption, you are entitled to up to 52 weeks unpaid parental leave. You cannot receive secondary caregiver parental leave entitlements where you have received primary caregiver parental leave entitlements in relation to your child. Pre-adoption leave If you are seeking to adopt a child you are entitled to 2 days paid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. You and Co INVEST should agree on the length of any unpaid leave. Where agreement is made CoINVEST may require you to provide satisfactory evidence supporting the leave. Permanent Care Leave If pursuant to the Children, Youth and Families Act 2005 (Vic) or any successor to that legislation you are granted a permanent care order in relation to the custody or guardianship of a child and you are the primary caregiver for that child you will be entitled to 8 weeks' paid leave at a time to be agreed with CoINVEST. Continuing to work while pregnant CoINVEST may require you when pregnant to provide a medical certificate stating that you are fit to work your normal duties where you continue to work within a six week period immediately prior to the expected date of birth of your child. Parental Leave and 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. Transfer to a Safe Job Where you are 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 you make it inadvisable for you to continue at your present work, you will, be transferred to a safe job with no other change to your terms and conditions of employment until the commencement of parental leave. If the safe job is at a higher pay grade, you will be paid at the higher rate of pay. If the safe job is normally renumerated on lesser terms and conditions, or less than your normal contracted hours, you will continue to be paid at your normal rate and 'No Safe Job Paid Leave' will be used to make up any shortfall in hours or remuneration. If CoINVEST does not think it to be reasonably practicable to transfer you to a safe job, you may take no safe job paid leave, or CoINVEST may require you to take no safe job paid leave immediately for a period which ends at the earliest of either: (a) when you are certified unfit to work during the six week period before the expected date of birth by a registered medical practitioner; or (b) when your pregnancy results in the birth of a living child or when your pregnancy ends otherwise than with the birth of a living child. (c) The entitlement to no safe job leave is in addition to any other leave entitlement you have. Special Parental Leave Where your pregnancy terminates other than by the birth of a living child, you 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 you are entitled to access any paid and/or unpaid personal/carer's leave entitlements, and you may access unpaid Special Parental Leave; (b) where the pregnancy terminates after the completion of 20 weeks, during the certified period/s you are entitled to paid special maternity leave not exceeding the amount of paid parental leave and thereafter, to unpaid special parental leave. ) Further discretionary Special Parental Leave entitlements may be made available with the agreement of the CEO, on a case by case basis. Notice and evidence requirements 16




 



Co/NVEST Enterprise Bargaining Agreement 2019 

(a) You must give at least 1 O weeks written notice of the intention to take parental 
leave, including the proposed start and end dates. At this time, you must also 
provide a statutory declaration stating: 

{b) that you will become either the primary caregiver or secondary caregiver of the 
child, as appropriate. 

(c) the particulars of any parental leave taken or proposed to be taken or applied for 
by your spouse; and 

{d) that for the period of parental leave you will not engage in any conduct inconsistent 
with their contract of employment. 

(e) At least four weeks before the intended commencement of parental leave, you 
must confirm in writing the intended start and end dates of the parental leave or 
advise Co INVEST of any changes to the approved agreement, unless it is not 
practicable to do so. 

(f) Co INVEST may require you to provide evidence which would satisfy a reasonable 
person of: 

i. in the case of 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. in the case of adoption or permanent care-related leave, the 
commencement of the placement (or expected day of placement) of the 
child and thatthe child will be under 16 years of age as at the day of 
placement or expected day of placement. 

(g) You will not be in breach of this clause if failure to give the stipulated notice is 
occasioned by confinement or placement occurring earlier than the expected date 
or in other compelling circumstances. In these circumstances, the notice and 
evidence requirements of this clause should be provided as soon as reasonably 
practicable. 

Commencement of parental leave 
(a) An Employee who is pregnant may commence primary caregiver parental leave at 

any time within 18 weeks prior to the expected date of birth of the child. 
(b) In all other cases, primary caregiver parental leave commences on the day of birth 

or placement of the child. 
(c) Secondary caregiver parental leave may commence on the day of birth or 

placement of the child. 
(d) ColNVESTand you may agree to alternative arrangements regarding the 

commencement of parental leave. 
(e) Unless otherwise agreed, any entitlements to paid parental leave will be paid from 

the date of commencement of parental leave. 

Single period of parental leave 
Parental leave is to be available to only one parent at a time, in a single unbroken period, 
except in the case of concurrent leave. 
Employee Couple -Concurrent Leave 

(a) Employees covered by this Agreement may take up to twelve weeks concurrent 
leave in connection with the birth or adoption of their child. 

(b) Concurrent leave may commence one week prior to the expected date of birth of 
the expected date of birth of the child or the time of placement in the case of 
adoption. 

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

(d) To avoid doubt, if the Employee takes flexible unpaid parental leave during the first 
Employee's period of leave, the other Employee's leave is not taken to be 
concurrent leave. 

Parental Leave and Other Entitlements 
You may, in lieu of or in conjunction with parental leave, access any annual leave or long 
service leave entitlements, which you have accrued subject to the total amount of, leave 
not exceeding 52 weeks. While you are taking unpaid parental leave, you are not entitled 
to take paid personal/carer's leave, or compassionate leave, unless the permissible 
occasion is the stillbirth or death of the child in relation to whom the Employee is taking 
unpaid parental leave. 

17 


CoINVEST Enterprise Bargaining Agreement 2019 (a) You 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, you must also provide a statutory declaration stating: (b) that you will become either the primary caregiver or secondary caregiver of the child, as appropriate. (c) the particulars of any parental leave taken or proposed to be taken or applied for by your spouse; and (d) that for the period of parental leave you will not engage in any conduct inconsistent with their contract of employment. (e) At least four weeks before the intended commencement of parental leave, you must confirm in writing the intended start and end dates of the parental leave or advise CoINVEST of any changes to the approved agreement, unless it is not practicable to do so. (f) CoINVEST may require you to provide evidence which would satisfy a reasonable person of: i. in the case of 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. in the case of adoption or permanent care-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. (g) You will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement or placement occurring earlier than the expected date or in other compelling circumstances. In these circumstances, the notice and evidence requirements of this clause should be provided as soon as reasonably practicable. Commencement of parental leave (a) An Employee who is pregnant may commence primary caregiver parental leave at any time within 18 weeks prior to the expected date of birth of the child. (b) In all other cases, primary caregiver parental leave commences on the day of birth or placement of the child. (c) Secondary caregiver parental leave may commence on the day of birth or placement of the child. (d) CoINVEST and you may agree to alternative arrangements regarding the commencement of parental leave (e) Unless otherwise agreed, any entitlements to paid parental leave will be paid from the date of commencement of parental leave. Single period of parental leave Parental leave is to be available to only one parent at a time, in a single unbroken period, except in the case of concurrent leave. Employee Couple - Concurrent Leave (a) Employees covered by this Agreement may take up to twelve weeks concurrent leave in connection with the birth or adoption of their child. (b) Concurrent leave may commence one week prior to the expected date of birth of the expected date of birth of the child or the time of placement in the case of (c) Concurrent leave can be taken in separate periods, but each block of concurrent adoption. leave must not be less than 2 weeks, unless CoINVEST otherwise agrees. (d) To avoid doubt, if the Employee takes flexible unpaid parental leave during the first Employee's period of leave, the other Employee's leave is not taken to be concurrent leave. Parental Leave and Other Entitlements You may, in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements, which you have accrued subject to the total amount of, leave not exceeding 52 weeks. While you are taking unpaid parental leave, you are not entitled to take paid personal/carer's leave, or compassionate leave, unless the permissible occasion is the stillbirth or death of the child in relation to whom the Employee is taking unpaid parental leave. 17




 



Co!NVEST Enterprise Bargaining Agreement 2019 

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 ColNVESTwill grant you a day 
off in lieu, to be taken by you immediately following the period of paid parental leave. 
Unpaid parental leave shall not break your continuity of employment but it will not count as 
service for leave accrual or other purposes. 

Keeping in touch days 
During a period of parental leave, ColNVESTand you 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. 
Keeping in touch days must be agreed and be in accordance with section 79A of the FW 
Act. 

Extending the initial period of parental leave 
If you are on an initial period of parental leave of less than 52 weeks you may extend the 
period of your parental leave on one or more occasions up to the full 52-week entitlement. 
You must notify Co INVEST in writing at least four weeks prior to the end date of your initial 
parental leave period. The notice must specify the new end date of the parental leave. 

Right to request an extension to parental /eave 
If you are on parental leave under you 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. 
If you are a member of an Employee couple, the period of the extension cannot exceed 12 
months less any period of parental leave that the other member of the Employee couple 
will have taken in relation to the child. 
Your request must be in writing and given to ColNVESTat least4 weeks before the end of 
the current parental leave period. The request must specify any parental leave that your 
spouse has taken in relation to the child. 
Co INVEST shall consider the request having regards to your circumstances and provided 
the request is based on your parental responsibilities, may only refuse the request on 
reasonable business grounds. 
Co INVEST must not refuse the request unless Co INVEST has given you a reasonable 
opportunity to discuss the request. 
Co INVEST must give a written response to the request as soon as practicable, and no 
later than 21 days after the request is made. The response must include the details of the 
reasons for any refusal. 

Total period of parental leave 
• The total period of parental leave, including any extensions, must not extend beyond 

24 months. 
• In the case of an Employee couple, the total period of parental leave for both parents 

combined, including any extensions, must not extend beyond 24 months. Your 
entitlement to parental leave will reduce by the period of any extension taken by a 
member of the couple. 

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

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

Returning to Work 
Returning to work early 

During the period of parental leave, you may return to work at anytime as agreed between 
Co INVEST and yourself provided the time does not exceed four weeks from the 
recommencement date as desired by you. In the case of adoption, where the placement of 
an eligible child with you does not proceed or continue, you will notify Co INVEST 
immediately and ColNVESTwill nominate a time not exceeding four weeks from receipt of 
notification for your return to work. 

Returning to work at conclusion of leave 
At least four weeks prior to the expiration of parental leave, you will notify ColNVEST of 
your return to work after a period of parental leave. You will be entitled to the position, 
which you held immediately before proceeding on parental leave. Where you are 

18 


CoINVEST Enterprise Bargaining Agreement 2019 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 CoINVEST will grant you a day off in lieu, to be taken by you immediately following the period of paid parental leave. Unpaid parental leave shall not break your continuity of employment but it will not count as service for leave accrual or other purposes. Keeping in touch days During a period of parental leave, CoINVEST and you 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 Keeping in touch days must be agreed and be in accordance with section 79A of the FW Act Extending the initial period of parental leave If you are on an initial period of parental leave of less than 52 weeks you may extend the period of your parental leave on one or more occasions up to the full 52-week entitlement. You must notify CoINVEST in writing at least four weeks prior to the end date of your initial parental leave period. The notice must specify the new end date of the parental leave. Right to request an extension to parental leave If you are on parental leave under you 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. If you are a member of an Employee couple, the period of the extension cannot exceed 12 months less any period of parental leave that the other member of the Employee couple will have taken in relation to the child. Your request must be in writing and given to CoINVEST at least 4 weeks before the end of the current parental leave period. The request must specify any parental leave that your spouse has taken in relation to the child. CoINVEST shall consider the request having regards to your circumstances and provided the request is based on your parental responsibilities, may only refuse the request on reasonable business grounds. CoINVEST must not refuse the request unless CoINVEST has given you a reasonable opportunity to discuss the request. CoINVEST must give a written response to the request as soon as practicable, and no later than 21 days after the request is made. The response must include the details of the reasons for any refusal. Total period of parental leave · The total period of parental leave, including any extensions, must not extend beyond 24 months. . In the case of an Employee couple, the total period of parental leave for both parents combined, including any extensions, must not extend beyond 24 months. Your entitlement to parental leave will reduce by the period of any extension taken by a member of the couple. Half Pay You may elect to take any paid parental leave entitlement at half pay for a period equal to twice the period to which you would otherwise be entitled. Commonwealth Paid Parental Leave Paid parental leave entitlements outlined in this clause are in addition to any payments, which may be available under the Commonwealth Paid Parental Leave Scheme. Returning to Work Returning to work early During the period of parental leave, you may return to work at any time as agreed between CoINVEST and yourself provided the time does not exceed four weeks from the recommencement date as desired by you. In the case of adoption, where the placement of an eligible child with you does not proceed or continue, you will notify CoINVEST immediately and CoINVEST will nominate a time not exceeding four weeks from receipt of notification for your return to work. Returning to work at conclusion of leave At least four weeks prior to the expiration of parental leave, you will notify CoINVEST of your return to work after a period of parental leave. You will be entitled to the position, which you held immediately before proceeding on parental leave. Where you are 18




 



ColNVEST Enterprise Bargaining Agreement 2019 

transferred to a safe job you will be entitled to return to the position you held immediately 
before the transfer. 
Where such position no longer exists but there are other positions available which you are 
qualified for and are capable of performing, you will be entitled to a position nearly 
comparable in status and with equivalent pay to your former position 

Returning to work at a reduced timefraction. 
To assist you in reconciling work and parental responsibilities you may request to return to 
work at a reduced time fraction until your child reaches school age after which you will 
resume your substantive time fraction. 
Where you wish to make such a request, it must be made as soon as possible but no less 
than seven weeks prior to the date upon which you are due to return to work. 

Consultation and Communication during Parental Leave 
Where you are on parental leave and ColNVEST makes a decision, that will have a 
significant effect on the status, pay or location of the position you held before starting the 
parental leave, or is engaging in Consultation under Clause 4.8 (Implementation of 
Change) Co INVEST shall take reasonable steps to: 

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

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

(c) Include you in the consultation under Clause 4.8 (Implementation of Change) 

You may inform ColNVEST about any signrricant matter that will affect your decision 
regarding the duration of parental leave to betaken, whether you intend to return to work 
and whether you intend to request to return to work on a part-time basis. 
You shall also notrry Co INVEST of changes of address or other contact details. 

Extended Family Leave 
Where you are the primary caregiver and have exhausted all parental leave entitlements 
you may apply for unpaid extended family leave as a continuous extension to your 
parental leave in accordance with this clause. The total amount of leave inclusive of 
parental leave cannot exceed seven years. You must make an application for extended 
family leave each year. You will not be entitled to paid parental leave whilst on extended 
family leave. 

Replacement Employees 
A replacement Employee is an Employee specifically engaged or temporarily acting in 
higher duties or transferred as a result of an Employee proceeding on parental leave (but 
not an Employee taking flexible unpaid parental leave). Before engaging a replacement 
Employee, Co INVEST must inform that person of the temporary nature of the employment 
and of the rights of the Employee and of the rights of the Employee who is being replaced. 

Casual Employees 
Co INVEST must not fail to re-engage a casual Employee because they have accessed 
parental leave in accordance with this clause. The rights of Co INVEST in relation to 
engagement and re-engagement of casual Employees are not affected other than in 
accordance with this clause. 

Flexible unpaid parental leave 

You are entitled to flexible unpaid parental leave and any other entitlements associated with 
stillbirths in accordance with the FW Act. 

10.10 Family and Domestic Violence Leave 
General Principles 

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

19 


CoINVEST Enterprise Bargaining Agreement 2019 transferred to a safe job you will be entitled to return to the position you held immediately before the transfer. Where such position no longer exists but there are other positions available which you are qualified for and are capable of performing, you will be entitled to a position nearly comparable in status and with equivalent pay to your former position Returning to work at a reduced time fraction. To assist you in reconciling work and parental responsibilities you may request to return to work at a reduced time fraction until your child reaches school age after which you will resume your substantive time fraction. Where you wish to make such a request, it must be made as soon as possible but no less than seven weeks prior to the date upon which you are due to return to work Consultation and Communication during Parental Leave Where you are on parental leave and CoINVEST makes a decision, that will have a significant effect on the status, pay or location of the position you held before starting the parental leave, or is engaging in Consultation under Clause 4.8 (Implementation of Change) CoINVEST shall take reasonable steps to: (a) make information available in relation to any significant effect the proposed change will have on the status or responsibility level of the position you held before commencing parental leave; and (b) provide an opportunity for you to discuss any significant effect the proposed change will have on the status or responsibility level of the position you held before commencing parental leave (c) Include you in the consultation under Clause 4.8 (Implementation of Change) You may inform CoINVEST about any significant matter that will affect your decision regarding the duration of parental leave to be taken, whether you intend to return to work and whether you intend to request to return to work on a part-time basis. You shall also notify Co INVEST of changes of address or other contact details. Extended Family Leave Where you are the primary caregiver and have exhausted all parental leave entitlements you may apply for unpaid extended family leave as a continuous extension to your parental leave in accordance with this clause. The total amount of leave inclusive of parental leave cannot exceed seven years. You must make an application for extended family leave each year. You will not be entitled to paid parental leave whilst on extended family leave. Replacement Employees A replacement Employee is an Employee specifically engaged or temporarily acting in higher duties or transferred as a result of an Employee proceeding on parental leave (but not an Employee taking flexible unpaid parental leave). Before engaging a replacement Employee, CoINVEST must inform that person of the temporary nature of the employment and of the rights of the Employee and of the rights of the Employee who is being replaced. Casual Employees CoINVEST must not fail to re-engage a casual Employee because they have accessed parental leave in accordance with this clause. The rights of CoINVEST in relation to engagement and re-engagement of casual Employees are not affected other than in accordance with this clause. Flexible unpaid parental leave You are entitled to flexible unpaid parental leave and any other entitlements associated with stillbirths in accordance with the FW Act. 10.10 Family and Domestic Violence Leave General Principles (a) The Employer recognises that Employees sometimes face situations of violence or abuse in their personal life that may affect their attendance or performance at work. Therefore, the Employer is committed to providing support to Employees that experience family violence. 19




 



ColNVEST Enterprise Bargaining Agreement 2019 

(b) The Employer will provide training in Family and Domestic Violence to all Managers to 
ensure understanding and support is available. 

(c) The Employer will select and provide specific support and privacy training to Family 
Violence Contacts 

( d) 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. 

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

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

Eligibility 
(a) Leaveforfamily and domestic violence purposes is available to all Employees. 
(b) Leave for casuals would be in relation to regular hours reasonably expected to work. 
(c) Casual Employees are entitled to access leave without pay for family violence 

purposes. 
(d) The Employer may use their discretion to grant paid leave to a casual Employee 

experiencing family violence under Clause 10.10 (Family and Domestic Violence 
Leave) of the Agreement on a case by case basis. 

General Measures 

Leave 

(a) Evidence of family and domestic 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 as 
otherwise agreed with the Employer. 

(b) All personal information concerning family violence will be kept confidential in line with 
the Employers 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 and domestic violence may raise the issue with their 
immediate supervisor, Family Violence contacts, union delegate or nominated Human 
Resources contact. 

(f) Where requested by an Employee, the Human Resources contact will liaise with the 
Employee's manager on the Employee's behaW and will make a recommendation on 
the most appropriate form of support to provide in accordance with the Leave section 
and Individual Support section of this clause. 

(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 and 
domestic violence. 

(a) An Employee experiencing family and domestic 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). 

(b) 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. 

(c) 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 the General Measures 
from an Employee seeking to utilise their personal/carer's leave entitlement. 

Individual Support 
(a) In order to provide support to an Employee experiencing family and domestic 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: 

20 


CoINVEST Enterprise Bargaining Agreement 2019 (b) The Employer will provide training in Family and Domestic Violence to all Managers to ensure understanding and support is available. (c) The Employer will select and provide specific support and privacy training to Family Violence Contacts (d) 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. (e) The supports and paid or unpaid leave provided under this clause do not extend to perpetrators (or alleged perpetrators) of family violence. Definition of Family and Domestic Violence Family violence includes physical, sexual, financial, verbal or emotional abuse by a family member as defined by the Family Violence Protection Act 2008 (Vic). Eligibility (a) Leave for family and domestic violence purposes is available to all Employees. Leave for casuals would be in relation to regular hours reasonably expected to work. c) Casual Employees are entitled to access leave without pay for family violence (d) The Employer may use their discretion to grant paid leave to a casual Employee purposes experiencing family violence under Clause 10.10 (Family and Domestic Violence Leave) of the Agreement on a case by case basis. General Measures (a) Evidence of family and domestic 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 as otherwise agreed with the Employer. (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 and domestic violence may raise the issue with their immediate supervisor, Family Violence contacts, union delegate or nominated Human Resources 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 the Leave section and Individual Support section of this clause. (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 and domestic violence. Leave (a) An Employee experiencing family and domestic 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). (b) 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 (c) An Employee who supports a person experiencing family violence may utilise their approval. personal/carer's leave entitlement to accompany them to court, to hospital, or to care for children. The Employer may require evidence consistent with the General Measures from an Employee seeking to utilise their personal/carer's leave entitlement. Individual Support (a) In order to provide support to an Employee experiencing family and domestic 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: 20




 



Co/NVEST Enterprise Bargaining Agreement 2019 

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 and domestic 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 and domestic violence wll 
be given information regarding current support services. 

10.11 Study Leave 
An Employee may be granted paid or unpaid study leave on a full-time or part-time basis for studies 
relevant to the Employee's current or potential future employment with ColNVEST. See Study assistance 
policy. The Study assistance policy does not firm part of and is not incorporated into this Agreement. 

10.12 Accident Compensation Leave 
The employer will pay the difference between compensation payments under the Workplace Injury 
Rehabilitation and Compensation Act 2013 and the Employee's Salary for a maximum period of 52 weeks 
or an aggregate of 261 working days. The Employee may utilise accrued leave credits for absences 
beyond the period for which compensation is paid. Leave without pay may be granted where entttlements 
to paid leave have been used. 

10.13 Infectious Diseases, Dangerous Medical Conditions 
Where an Employee has medical evidence to indicate they are suffering from pulmonary tuberculosis or 
other infectious disease, the Employee must immediately inform the Employer. Where the Employer 
believes an Employee's state of health constitutes a danger to other staff Members, the Employer may 
direct the Employee to be absent from work on paid leave. 

10.14 State of Emergency (including Pandemic) Leave 
An Employee is entttled to take up to 2 weeks' paid State of Emergency leave if they are: 

(a) Required by government or medical authorities or on the advice of a medical practttioner 
to self-isolate and, 

i. Is consequently prevented from working at home; or 
ii. Is otherwise prevented from working from the Co INVEST office by measures 

taken by government or medical authorities in response to a pandemic. 
(b) Due to a State of emergency: 

i. Unable to attend the Co INVEST office. 
ii. Unable to work from home. 

10.15 Employee Relations Training Leave 
In order to encourage cooperative workplace relations and facilttate the operation of this Agreement, an 
Employee maybe granted up to ten days paid leave over two calendar years to attend training in employee 
relations where the training will contribute to a better understanding of employee relations by the 
Employee. Training provided by the Union is recognised as such training for the purposes of this clause. 

10.16 Blood Bank Leave 
Employees will be granted paid leave to attend the Red Cross Blood Bank to donate blood. 

10.17 Municipal Council Leave 
An Employee who has been elected as a local government official is entitled to paid leave to participate 
in local government activities to a maximum of six hours a fortnight for a mayor or Shire President and six 
hours per month for an ordinary member of a local government council. 

21 


CoINVEST Enterprise Bargaining Agreement 2019 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 . 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 and domestic 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 and domestic violence will be given information regarding current support services. 10.11 Study Leave An Employee may be granted paid or unpaid study leave on a full-time or part-time basis for studies relevant to the Employee's current or potential future employment with CoINVEST. See Study assistance policy. The Study assistance policy does not firm part of and is not incorporated into this Agreement. 10.12 Accident Compensation Leave The employer will pay the difference between compensation payments under the Workplace Injury Rehabilitation and Compensation Act 2013 and the Employee's Salary for a maximum period of 52 weeks or an aggregate of 261 working days. The Employee may utilise accrued leave credits for absences beyond the period for which compensation is paid. Leave without pay may be granted where entitlements to paid leave have been used. 10.13 Infectious Diseases, Dangerous Medical Conditions Where an Employee has medical evidence to indicate they are suffering from pulmonary tuberculosis or other infectious disease, the Employee must immediately inform the Employer. Where the Employer believes an Employee's state of health constitutes a danger to other staff Members, the Employer may direct the Employee to be absent from work on paid leave. 10.14 State of Emergency (including Pandemic) Leave An Employee is entitled to take up to 2 weeks' paid State of Emergency leave if they are: (a) Required by government or medical authorities or on the advice of a medical practitioner to self-isolate and, i. Is consequently prevented from working at home; or ii. Is otherwise prevented from working from the Co INVEST office by measures taken by government or medical authorities in response to a pandemic. (b) Due to a State of emergency i. Unable to attend the CoINVEST office. ii. Unable to work from home. 10.15 Employee Relations Training Leave In order to encourage cooperative workplace relations and facilitate the operation of this Agreement, an Employee may be granted up to ten days paid leave over two calendar years to attend training in employee relations where the training will contribute to a better understanding of employee relations by the Employee. Training provided by the Union is recognised as such training for the purposes of this clause. 10.16 Blood Bank Leave Employees will be granted paid leave to attend the Red Cross Blood Bank to donate blood. 10.17 Municipal Council Leave An Employee who has been elected as a local government official is entitled to paid leave to participate in local government activities to a maximum of six hours a fortnight for a mayor or Shire President and six hours per month for an ordinary member of a local government council. 21




 



Co/NVEST Enterprise Bargaining Agreement 2019 

10.18 School Council Leave 
An Employee who has been elected to a school council is entitled to paid leave to fuifil their official duties 
to a maximum of six hours a month. 

10.19 Volunteer Activities 
An Employee who is a member of a voluntary emergency relief organisation including but not limited to, 
the CFA, Red Cross, State Emergency Service and St John Ambulance must be released from normal 
duty without loss of pay where an emergency situation arises requiring the attendance of the Employee. 
The Employee must provide verification of involvement in the form of appropriate certification by the 
organisation concerned. 

An Employee who is required to attain qualifications or to requalify to perform activities in emergency relief 
organisation may be granted leave with pay for the period of time required to fulfil the requirements of 
training course pertaining to those qualifications. 

An Employee is entitled to 1 day paid leave to provide volunteer services to a recognised charity at an 
agreed time with Manager. 

10.20 Other Paid Leave 
The Employee will be granted paid leave for Jury Service and Defence Force Leave. 

10.21 Unpaid Leave 
An Employee may be granted unpaid leave. Unpaid leave of more than 5 days requires the app11Jval of 
the Chief Executive Officer. All other requests for Unpaid leave requires approval of a General Manager 
who will consider the effect on ColNVESTs operations of the Employee's absence over the period 
requested together with the justification put forward by the Employee in support of their application. 

11. EXCESSIVE RECREATION (ANNUAL) LEAVE ACCRUALS 

This clause contains provisions additional to the NES about taking paid recreation (annual) leave, to deal with 
excessive paid recreation (annual) leave accruals. 

11.1 Definitions 
An Employee has an excessive leave accrual if the Employee has accrued more than eight weeks' 
paid recreation (annual) leave. 

11.2 
(a) 

Eliminating excessive leave accruals 
Dealing with excessive leave accruals by agreement 

i. Before an Employer can direct that leave be taken under subclause 11.2(b) oran 
Employee can give notice of leave to be granted under subclause 11.2(c), the 
Employer or Employee must request a meeting and must genuinely try to agree upon 
steps that will be taken to reduce or eliminate the Employee's excessive leave accrual. 

(b) Employer may direct that leave be taken. 

This sub clause applies if an Employee has an excessive leave accrual. 

If agreement is not reached under subclause 11.2(a), the Employer may give a written 
direction to the Employee to take a period or periods of paid recreation (annual) leave. The 
direction must state that it is a direction given under subclause 11.2(b) of this Agreement. 

Such ad irection must not: 
i. result in the Employee's remaining accrued entitlement to paid recreation 

(annual) leave at any time being less than six weeks (taking into account all 
other paid recreation (annual) leave that has been agreed, that the Employee 
has been directed to take or that the Employee has given notice of under 
subclause 11.2(c)); 

ii. require the Employee to take any period of leave of less than one week. 
iii. require the Employee to take any period of leave commencing less than eight 

weeks after the day the direction is given to the Employee. 
iv. 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 

22 


CoINVEST Enterprise Bargaining Agreement 2019 10.18 School Council Leave An Employee who has been elected to a school council is entitled to paid leave to fulfil their official duties to a maximum of six hours a month. 10.19 Volunteer Activities An Employee who is a member of a voluntary emergency relief organisation including but not limited to, the CFA, Red Cross, State Emergency Service and St John Ambulance must be released from normal duty without loss of pay where an emergency situation arises requiring the attendance of the Employee. The Employee must provide verification of involvement in the form of appropriate certification by the organisation concerned. An Employee who is required to attain qualifications or to requalify to perform activities in emergency relief organisation may be granted leave with pay for the period of time required to fulfil the requirements of training course pertaining to those qualifications. An Employee is entitled to 1day paid leave to provide volunteer services to a recognised charity at an agreed time with Manager. 10.20 Other Paid Leave The Employee will be granted paid leave for Jury Service and Defence Force Leave. 10.21 Unpaid Leave An Employee may be granted unpaid leave. Unpaid leave of more than 5 days requires the approval of the Chief Executive Officer. All other requests for Unpaid leave requires approval of a General Manager who will consider the effect on CoINVEST's operations of the Employee's absence over the period requested together with the justification put forward by the Employee in support of their application. 11. EXCESSIVE RECREATION (ANNUAL) LEAVE ACCRUALS This clause contains provisions additional to the NES about taking paid recreation (annual) leave, to deal with excessive paid recreation (annual) leave accruals. 11.1 Definitions An Employee has an excessive leave accrual if the Employee has accrued more than eight weeks' paid recreation (annual) leave. 11.2 Eliminating excessive leave accruals (a) Dealing with excessive leave accruals by agreement i. Before an Employer can direct that leave be taken under subclause 11.2(b) or an Employee can give notice of leave to be granted under subclause 11.2(c), the Employer or Employee must request a meeting and must genuinely try to agree upon steps that will be taken to reduce or eliminate the Employee's excessive leave accrual. (b) Employer may direct that leave be taken. This subclause applies if an Employee has an excessive leave accrual. If agreement is not reached under subclause 11.2(a), the Employer may give a written direction to the Employee to take a period or periods of paid recreation (annual) leave. The direction must state that it is a direction given under subclause 11.2(b) of this Agreement. Such a direction must not: i. result in the Employee's remaining accrued entitlement to paid recreation (annual) leave at any time being less than six weeks (taking into account all other paid recreation (annual) leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under ii. subclause 11.2(c)); require the Employee to take any period of leave of less than one week. iii. require the Employee to take any period of leave commencing less than eight weeks after the day the direction is given to the Employee. iv. 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 22




 



ColNVEST Enterprise Bargaining Agreement 2019 

v. be inconsistent with any leave arrangement agreed between the Employer 
and Employee. 

An Employee to whom a direction has been given under this subclause may make a request to 
take paid recreation (annual) leave as if the direction had not been given. The Employer is not 
to take the direction into account in deciding whether to agree to such a request. 

Note: The NES states that the Employer must not unreasonably refuse to agree to a 
request by the Employee to take paid annual leave. 

If leave is agreed after a direction is issued and the direction would then result in the 
Employee's remaining accrued entitlement to paid recreation (annual) leave at any time being 
less than six weeks, the direction will be deemed to have been withdrawn. 

The Employee must take paid recreation (annual) leave in accordance with a direction complying 
with this subclause. 

(c) Employee may require that leave be granted. 

This sub clause applies if an Employee has had an excessive leave accrual for more than six 
months and the Employer has not given a direction under subclause 11.2(b) that will eliminate 
the Employee's excessive leave accrual. 

If agreement is not reached under subclause 11.2(a), the Employee may give a written notice to 
the Employer that the Employee wishes to take a period or periods of paid recreation (annual) 
leave. The notice must state that it is a notice given under subclause 11.2(c) of this Agreement. 

Such a notice must not: 
i. result in the Employee's remaining accrued entiUement to paid recreation 

(annual) leave at any time being less than six weeks (taking into account all 
other paid recreation (annual) leave that has been agreed, that the Employee 
has been directed to take or that the Employee has given notice of under this 
sub clause). 

ii. provide for the Employee to take any period of leave of less than one week. 
iii. 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. 
iv. 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 
v. be inconsistent with any leave arrangement agreed between the Employer and 

Employee. 

The Employer must grant the Employee paid recreation (annual) leave in accordance with a 
notice complying with this subclause. 

{d) Dispute Resolution 
Without limiting the dispute resolution clause of this Agreement, an Employer or an Employee may refer 
the following matters to the Fair Work Commission under the dispute resolution clause: 

i. a dispute about whether the Employer or Employee has requested a meeting 
and genuinely tried to reach agreement under subclause 12.2(a); 

ii. a dispute about whether the Employer has unreasonably refused to agree to a 
request by the Employee to take paid annual leave; and 

iii. a dispute about whether a direction to take leave complies with subclause 
11.2(b) or whether a notice requiring leave to be granted complies with 
subclause 11.2(c). 

12. TERMINATION OF EMPLOYMENT 

An Employee may terminate employment with the Employer by giving Co INVEST two weeks' notice of 
resignation in writing. (1 week if employed less than 12 months). A lesser period may be agreed with the 
Employer, but payment will only be made for the time worked. 

The Employer may terminate the employment of the Employee in the event of redundancy, because a fixed 
term has expired, for gross misconduct, or for inadequate performance. 
The Employer must not terminate the employment of Employee(s)for reasons that are which are unreasonable, 
unfair or harsh. 

23 


CoINVEST Enterprise Bargaining Agreement 2019 v. be inconsistent with any leave arrangement agreed between the Employer and Employee An Employee to whom a direction has been given under this subclause may make a request to take paid recreation (annual) leave as if the direction had not been given. The Employer is not to take the direction into account in deciding whether to agree to such a request. Note: The NES states that the Employer must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. If leave is agreed after a direction is issued and the direction would then result in the Employee's remaining accrued entitlement to paid recreation (annual) leave at any time being less than six weeks, the direction will be deemed to have been withdrawn. The Employee must take paid recreation (annual) leave in accordance with a direction complying with this subclause. (c) Employee may require that leave be granted. This subclause applies if an Employee has had an excessive leave accrual for more than six months and the Employer has not given a direction under subclause 11.2(b) that will eliminate the Employee's excessive leave accrual. If agreement is not reached under subclause 11.2(a), the Employee may give a written notice to the Employer that the Employee wishes to take a period or periods of paid recreation (annual) leave. The notice must state that it is a notice given under subclause 11.2(c) of this Agreement. Such a notice must not: i. result in the Employee's remaining accrued entitlement to paid recreation (annual) leave at any time being less than six weeks (taking into account all other paid recreation (annual) leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under this subclause). ii. ili. provide for the Employee to take any period of leave of less than one week. 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. iv. 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 V. be inconsistent with any leave arrangement agreed between the Employer and Employee. The Employer must grant the Employee paid recreation (annual) leave in accordance with a notice complying with this subclause. (d) Dispute Resolution Without limiting the dispute resolution clause of this Agreement, an Employer or an Employee may refer the following matters to the Fair Work Commission under the dispute resolution clause: i. a dispute about whether the Employer or Employee has requested a meeting ii. and genuinely tried to reach agreement under subclause 12.2(a); a dispute about whether the Employer has unreasonably refused to agree to a request by the Employee to take paid annual leave; and iii. a dispute about whether a direction to take leave complies with subclause 11.2(b) or whether a notice requiring leave to be granted complies with subclause 11.2(c). 12. TERMINATION OF EMPLOYMENT An Employee may terminate employment with the Employer by giving CoINVEST two weeks' notice of resignation in writing. (1 week if employed less than 12 months). A lesser period may be agreed with the Employer, but payment will only be made for the time worked. The Employer may terminate the employment of the Employee in the event of redundancy, because a fixed term has expired, for gross misconduct, or for inadequate performance. The Employer must not terminate the employment of Employee(s) for reasons that are which are unreasonable, unfair or harsh. 23




 



Co/NVEST Enterprise Bargaining Agreement 2019 

In accordance with the Employer's performance, behaviour and discipline policy, the Employee must be notified 
in writing that performance is inadequate three times prior to termination, with adequate time between 
notifications for the Employee to affect an improvement in performance. The period between notifications will 
be at least four weeks except where a shorter period is agreed in writing by the Employer and the Employee. 

Employees may be represented by officers of the Union or other nominated persons ind iscussions relating to 
inadequate performance. Except in cases of gross misconduct, four weeks' notice of termination must be 
provided by the Employer or payment provided in lieu for all Employees except those over 45 years of age and 
with more than 2 years continuous service. Employees over 45 years of age and with more than 2 years 
continuous service are to receive 6 weeks' notice or payment provided in lieu. 

In cases of redundancy, where the Employer has given notice of termination to an Employee, an Employee 
shall be allowed reasonable time off without loss of pay for the purpose of seeking other employment. The time 
off shall betaken attimes that are convenient to the Employee after consultation with the Employer. 
Upon request the Employer shall provide an Employee whose employment has been terminated with a written 
statement specifying the period of their employment and the nature of work performed by the Employee. 
Where the Employer terminates an Employee's employment, the Employer shal provide a written statement of 
reasons for dismissal at the Employee's request. 

R . d P . d fN f equire eno 0 o,ce 
Employee Less than 12 months 1 weeks' notice Written notice 
Resignation service ' 

12 months or more seivice 2 weeks' notice Written notice 

Employer Under 45 vears of aq e 4 weeks' notice Written notice 

Termination Over 45 vears of aae 6 weeks' notice Written notice 

Gross misconduct Dismissal without notice 
following clause 12 
(Termination of Emo/ovmentl 

13. REDEPLOYMENT AND REDUNDANCY 
The Employer is committed to preserving employment wherever possible. Implicit in this Agreement is the 
principle that no Employee is redundant, it is the surplus position which is redundant. 

Wherever possible the Employer will manage staff reductions because of redundancy on a voluntary basis. 
The amount of or composition of voluntary redundancy payments and other incentives must be no less than 
redundancy payments set by this Agreement. 
A position is redundant when a firm decision is taken, following formal consultation with the Union that the 
position the employee has occupied will be surplus to requirements. 
Employees whose positions are declared redundant shall be granted a redeployment period of 3 months, 
during which time: 

• The employee will be offered reasonable time off with pay to investigate alternative job offers or to 
seek appropriate advice or counselling on early retirement. 

• At the Employee's request, the Employer shall arrange and meet the reasonable cost of up 
to: 

o 3 sessions of counselling as necessary. 
o 1 session offinancial counselling will be provided. 
o outplacement support will be considered, dependent on individual needs. 

Where the Employer identifies an Employee as surplus to staffing requirements the Employer shall advise 
the Employee in writing of this decision. The Employer shall fully explore whatever options are available to 
redeploy the Employee by placement in a position similar to the Employee's skills, abilities and experience. 
The Employer will provide training and support to enable the Employee to perform competently in the new 
position. The Employee will not be required to accept a reduction in remuneration or take up a position in a 
lower classification Grade. 
Where a reasonable offer of a placement matching the Employee's skills, abilities and experience is made 
and the Employee unreasonably rejects the offer, the Employee is deemed to have resigned from 
employment with the Employer. 
Where a placement similar to the Employee's skills, abilities and experience at a comparable remuneration 
is not available, the Employer will declare the Employee to be redundant and will terminate the Employees 
employment. The Employee will then be entitled to the redundancy payments prescribed by this Agreement. 

24 


CoINVEST Enterprise Bargaining Agreement 2019 In accordance with the Employer's performance, behaviour and discipline policy, the Employee must be notified in writing that performance is inadequate three times prior to termination, with adequate time between notifications for the Employee to affect an improvement in performance. The period between notifications will be at least four weeks except where a shorter period is agreed in writing by the Employer and the Employee. Employees may be represented by officers of the Union or other nominated persons in discussions relating to inadequate performance. Except in cases of gross misconduct, four weeks' notice of termination must be provided by the Employer or payment provided in lieu for all Employees except those over 45 years of age and with more than 2 years continuous service. Employees over 45 years of age and with more than 2 years continuous service are to receive 6 weeks' notice or payment provided in lieu. In cases of redundancy, where the Employer has given notice of termination to an Employee, an Employee shall be allowed reasonable time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the Employee after consultation with the Employer. Upon request the Employer shall provide an Employee whose employment has been terminated with a written statement specifying the period of their employment and the nature of work performed by the Employee. Where the Employer terminates an Employee's employment, the Employer shall provide a written statement of reasons for dismissal at the Employee's request. Required Period of Notice Employee Less than 12 months 1 weeks' notice Written notice Resignation service. 12 months or more service 2 weeks' notice Written notice Employer Under 45 years of age 4 weeks' notice Written notice Termination Over 45 years of age 6 weeks' notice Written notice Gross misconduct Dismissal without notice following clause 12 (Termination of Employment) 13. REDEPLOYMENT AND REDUNDANCY The Employer is committed to preserving employment wherever possible. Implicit in this Agreement is the principle that no Employee is redundant, it is the surplus position which is redundant. Wherever possible the Employer will manage staff reductions because of redundancy on a voluntary basis. The amount of or composition of voluntary redundancy payments and other incentives must be no less than redundancy payments set by this Agreement. A position is redundant when a firm decision is taken, following formal consultation with the Union that the position the employee has occupied will be surplus to requirements. Employees whose positions are declared redundant shall be granted a redeployment period of 3 months, during which time: . The employee will be offered reasonable time off with pay to investigate alternative job offers or to seek appropriate advice or counselling on early retirement. At the Employee's request, the Employer shall arrange and meet the reasonable cost of up to: O 3 sessions of counselling as necessary. 1 session of financial counselling will be provided. O o outplacement support will be considered, dependent on individual needs. Where the Employer identifies an Employee as surplus to staffing requirements the Employer shall advise the Employee in writing of this decision. The Employer shall fully explore whatever options are available to redeploy the Employee by placement in a position similar to the Employee's skills, abilities and experience. The Employer will provide training and support to enable the Employee to perform competently in the new position. The Employee will not be required to accept a reduction in remuneration or take up a position in a lower classification Grade. Where a reasonable offer of a placement matching the Employee's skills, abilities and experience is made and the Employee unreasonably rejects the offer, the Employee is deemed to have resigned from employment with the Employer. Where a placement similar to the Employee's skills, abilities and experience at a comparable remuneration is not available, the Employer will declare the Employee to be redundant and will terminate the Employee's employment. The Employee will then be entitled to the redundancy payments prescribed by this Agreement. 24




 



ColNVEST Enterprise Bargaining Agreement 2019 

13.1 Redundancy Payments 
In the event that an employee is declared redundant, payment on termination shall comprise: 

(a) accumulated and pro-rata long service leave after a minimum of four years' service. 
(b) accumulated and pro rata annual/recreation leave. 
(c) pay as per the below table. 
(d) any payment due in lieu of notice; and, 
(e) any adjustments necessary to reconcile advance or arrears payment of salary or overtime or the 

provision of non-salary benefits. 
The sum of (c) and (d) will not exceed sixty weeks' pay. 

At least 1 year but less than 2 years 

At least 2 years but less than 3 years 

At least 3 years but less than 4 years 

At least 4 years but less than 5 years 

At least 5 years 

13.2 Entitlements paid at Rate of Salary 

4weeks 

6weeks 

?weeks 

8weeks 

3 weeks pay per year of service for 
continuous service in excess offive years 

Payments for accrued leave and service at redundancy will be based on salary at the date of 
termination. 

14. FORMS OF EMPLOYMENT 
Employment at Co INVEST may be on an ongoing, temporary or casual basis. 

The use of casual and temporary employment and agency staff will not be used for the purpose of 
undermining the job security of ongoing Employees. 

Employees who are employed as ongoing Employees may work on a full-time, part-time or job-sharing 
basis or under a flexible employment arrangement. 

14.1 Appointment and Probation 
On appointment, an Employee will be provided in writing with a position title, classification level, a position 
statement for their position and confirmation of the basis of the employment. 

New Employees, recruited on an ongoing basis, will initially be appointed on probation for a period of 
three months. This probation period may be extended to 6 months in situations described in the 
Performance Management policy. 

Where an Employee is initially employed as a temporary Employee on a fixed term basis, subsequent 
employment on an ongoing basis will not be subject to a probationary period. 

14.2 Temporary Employment 
Employees who are employed as temporary Employees may work on a full-time, part-time or job-sharing 
basis. A temporary Employee will be employed for a fixed term. Temporary Employees may be offered 
ongoing employment at any time during the duration of the fixed term and may decline the offer without 
prejudice to the continuation of their employment for the full term. The employment of a temporary 
Employee may be terminated prior to the full contractual period, for gross misconduct or for inadequate 
performance as provided in Clause 12 (Termination of Employment). 

14.3 Full-Time, Part-Time and Casual Employment 

• Full-time Employees work the ordinary hours of work of 76 hours per fortnight as set out in 
clause 6 (Hours of Work). 

o Employees may request to convert from full-time employment to part-time employment. 
The Employer will give due consideration to all requests by full-time Employees for 
conversion to part-time employment. Where conversion to part-time is approved, itwll be 

25 


CoINVEST Enterprise Bargaining Agreement 2019 13.1 Redundancy Payments In the event that an employee is declared redundant, payment on termination shall comprise: (a) accumulated and pro-rata long service leave after a minimum of four years'service. (b) accumulated and pro rata annual/recreation leave. (c) pay as per the below table (d) any payment due in lieu of notice; and, (e) any adjustments necessary to reconcile advance or arrears payment of salary or overtime or the provision of non-salary benefits. The sum of (c) and (d) will not exceed sixty weeks' pay. Period of continuous service Redundancy pav At least 1 vear but less than 2 years 4 weeks At least 2 years but less than 3 years 6 weeks At least 3 years but less than 4 years 7 weeks At least 4 years but less than 5 years 8 weeks At least 5 years 3 weeks pay per year of service for continuous service in excess of five years 13.2 Entitlements paid at Rate of Salary Payments for accrued leave and service at redundancy will be based on salary at the date of termination. 14. FORMS OF EMPLOYMENT Employment at CoINVEST may be on an ongoing, temporary or casual basis. The use of casual and temporary employment and agency staff will not be used for the purpose of undermining the job security of ongoing Employees. Employees who are employed as ongoing Employees may work on a full-time, part-time or job-sharing basis or under a flexible employment arrangement. 14.1 Appointment and Probation On appointment, an Employee will be provided in writing with a position title, classification level, a position statement for their position and confirmation of the basis of the employment. New Employees, recruited on an ongoing basis, will initially be appointed on probation for a period of three months. This probation period may be extended to 6 months in situations described in the Performance Management policy. Where an Employee is initially employed as a temporary Employee on a fixed term basis, subsequent employment on an ongoing basis will not be subject to a probationary period. 14.2 Temporary Employment Employees who are employed as temporary Employees may work on a full-time, part-time or job-sharing basis. A temporary Employee will be employed for a fixed term. Temporary Employees may be offered ongoing employment at any time during the duration of the fixed term and may decline the offer without prejudice to the continuation of their employment for the full term. The employment of a temporary Employee may be terminated prior to the full contractual period, for gross misconduct or for inadequate performance as provided in Clause 12 (Termination of Employment). 14.3 Full-Time, Part-Time and Casual Employment · Full-time Employees work the ordinary hours of work of 76 hours per fortnight as set out in clause 6 (Hours of Work). o Employees may request to convert from full-time employment to part-time employment. The Employer will give due consideration to all requests by full-time Employees for conversion to part-time employment. Where conversion to part-time is approved, it will be 25




 



Co/NVEST Enterprise Bargaining Agreement 2019 

on the basis of an initial trial period of three months, wherever feasible, unless the 
Employee has requested conversion for a fixed term no greater than twelve months. W 
part-time employment is confirmed beyond the trial period, reversion to full-time 
employmentrequires the agreement of the Employer, who may not unreasonably disallow 
a request for reversion but may take into account any special arrangements put in place 
to accommodate the initial conversion such as reorganisation of work or recruitment of 
additional staff when approving the time at which reversion may take place. 

• Part-time Employees work less than 76 hours per fortnight. 
o Employees who have been recruited to a part-time position have no special entitlement 

to convert to full-time upon request or any preferential claim to appointment to any full­
time position that may become vacant during the period of their employment. 

o Part-time Employees are entitled, on a pro rata basis, to the same conditions and 
benefits as full-time Employees. 

• Casual Employees do not have a firm commitment in advance about how long they will be 
employed for, or the days (or hours) they will work. A casual employee also does not need to 
commit to all work an employer might offer. 

o Casual employees are entitled to: 
• a higher pay rate than equivalent full-time or part-time employees. This is called 

a 'casual loading' and is paid because they don't get benefits such as sick or 
annual leave. The casual loading is 25% 

• 2 days unpaid carer's leave and 2 days unpaid compassionate leave per 
occasion 

• 5 days unpaid family and domestic violence leave(in a 12-month period) 

• unpaid community service leave. 
o After at least 12 months of being engaged on a casual basis, a casual employee can 

change to full-time or part-time employment at any time if the employer and employee 
both agree to it. 

14.4 Flexible Employment Arrangements 
Under a flexible employment arrangement an Employee foregoes a proportion of salary for additional 
leave entitlements. The maximum proportion of salary which may be forgone under a flexible employment 
arrangement is one-thirteenth. 

14.5 Job Sharing 
Job-sharing is a form of part-time employment. Management will consider requests for job sharing 
arrangements in light of organisational requirements at the time. 

15. CLASSIFICATION AND REMUNERATION 

15.1 Classification of Positions 
A minimum salary level is applied to each Co INVEST Grade. 

The table shows the minimum and maximum salary applicable to each Co INVEST Grade immediately 
before the commencement of this Agreement. 
Salary does not include superannuation payable by the Employer under clause 16{i) (Superannuation 
Contributions). Salary also does not include any other allowances payable or recreation leave loading. 

Grade 

Grade 1 
Grade2 
Grade 3 
Grade4 
Grade 5 
Grade 6 

Minimum Salary 
$ 

49,601 
60,621 
72,968 
86,151 

103,618 
130,517 

1v1ax1mum Salary 
$ 

60,621 
72,968 
86,151 

103,618 
130,517 
190,735 

(a) Following the 3.0% salary increase referred to in Clause 16a (Remuneration Increase effective 

26 


CoINVEST Enterprise Bargaining Agreement 2019 on the basis of an initial trial period of three months, wherever feasible, unless the Employee has requested conversion for a fixed term no greater than twelve months. If part-time employment is confirmed beyond the trial period, reversion to full-time employmentrequires the agreement of the Employer, who may not unreasonably disallow a request for reversion but may take into account any special arrangements put in place to accommodate the initial conversion such as reorganisation of work or recruitment of additional staff when approving the time at which reversion may take place. · Part-time Employees work less than 76 hours per fortnight. Employees who have been recruited to a part-time position have no special entitlement to convert to full-time upon request or any preferential claim to appointment to any full- time position that may become vacant during the period of their employment. 0 Part-time Employees are entitled, on a pro rata basis, to the same conditions and benefits as full-time Employees. . Casual Employees do not have a firm commitment in advance about how long they will be employed for, or the days (or hours) they will work. A casual employee also does not need to commit to all work an employer might offer. o Casual employees are entitled to: . a higher pay rate than equivalent full-time or part-time employees. This is called a 'casual loading' and is paid because they don't get benefits such as sick or annual leave. The casual loading is 25% 2 days unpaid carer's leave and 2 days unpaid compassionate leave per occasion . 5 days unpaid family and domestic violence leave (in a 12-month period) unpaid community service leave. After at least 12 months of being engaged on a casual basis, a casual employee can change to full-time or part-time employment at any time if the employer and employee both agree to it. 14.4 Flexible Employment Arrangements Under a flexible employment arrangement an Employee foregoes a proportion of salary for additional leave entitlements. The maximum proportion of salary which may be forgone under a flexible employment arrangement is one-thirteenth. 14.5 Job Sharing Job-sharing is a form of part-time employment. Management will consider requests for job sharing arrangements in light of organisational requirements at the time. 15. CLASSIFICATION AND REMUNERATION 15.1 Classification of Positions A minimum salary level is applied to each CoINVEST Grade. The table shows the minimum and maximum salary applicable to each CoINVEST Grade immediately before the commencement of this Agreement. Salary does not include superannuation payable by the Employer under clause 16(i) (Superannuation Contributions). Salary also does not include any other allowances payable or recreation leave loading. Grade Minimum Salary Maximum Salary $ $ Grade 1 49,601 60,621 Grade 2 Grade 3 60,621 72,968 Grade 4 72,968 86,151 86,151 103,618 Grade 5 Grade 6 103,618 130,517 130,517 190,735 (a) Following the 3.0% salary increase referred to in Clause 16a (Remuneration Increase effective 26




 



Co/NVEST Enterprise Bargaining Agreement 2019 

July 2019), the Grades will be increased from the first full pay period in July 2019 to: 

Grade 1 
Grade 2 
Grade 3 
Grade 4 
Grade 5 
Grade 6 

(b) Following the 3% salary increase referred to in Clause 16b (Remuneration Increase effective 
July 2020) the Grades will be increased from the first full pay period in July 2020 to: 

Grade 1 
Grade 2 
Grade 3 
Grade4 
Grade 5 
Grade 6 

(c) Following the 3% salary increase referred to in Clause 16c (Remuneration Increase effective 
July 2021) the Grades will be increased from the first full pay period in July 2021 to: 

Grade 1 
Grade2 
Grade 3 
Grade4 
Grade5 
Grade 6 

54,200 
66,242 
79,734 
94,140 

113,226 
142 619 

66,242 
79,734 
94,140 

113,226 
142,619 
208 421 

(d) Following the3% salary increase referred to in Clause 16d (Remuneration Increase effective 
July 2022), the Grades will be increased from the first full pay period in July 2022 to: 

Grade 1 
Grade2 
Grade 3 
Grade 4 
Grade 5 
Grade 6 

15.2 Remuneration Packaging 
Employees may request salary to vary up or down in exchange for a correspondirg adjustment in other 
remuneration items to meet their personal situation in accord with the Employer's flexible remuneration 
package policy, provided that the total cost may not exceed the salary determined for the Employee. 
The Employer will provide access to advisers from a Remuneration packaging company if that is desired 
by Employees generally. 

15.3 Remuneration of Casual Employees 
Casual Employees will be paid at least the salary applicable to the minimum hourly rate for the 
classification Grade in which they are employed plus a loading of 25% in lieu of all entitlement to the 
following benefits: flexitime, public holidays, recreation (annual) leave and recreation leave loadirg, 
personal (sick/carer's) leave other than unpaid leave, family and domestic violence leave, unpaid parental 
leave, leave in respect of pressing necessity, jury service, accident compensation make up pay and 
defence forces leave. Where the remuneration of a casual Employee imposes an obligation on the 
Employer to pay superannuation contributions under Superannuation Guarantee legislation, the Employer 
will pay these contributions in addition to the minimum rate plus loading. 

27 


CoINVEST Enterprise Bargaining Agreement 2019 July 2019), the Grades will be increased from the first full pay period in July 2019 to: Grade Minimum Salary Maximum Salary Grade 1 $ $ 51,089 62,440 Grade 2 Grade 3 62,440 75,968 Grade 4 75,968 88,735 Grade 5 88,735 106,726 106,726 Grade 6 134,433 134,433 196,457 (b) Following the 3% salary increase referred to in Clause 16b (Remuneration Increase effective July 2020) the Grades will be increased from the first full pay period in July 2020 to: Grade Minimum Salary Maximum Salary Grade 1 $ $ Grade 2 52,622 64,313 Grade 3 64,313 77,412 Grade 4 77,412 91,398 Grade 5 91,398 109,928 109,928 138,465 Grade 6 138,465 202,351 (c) Following the 3% salary increase referred to in Clause 16c (Remuneration Increase effective July 2021) the Grades will be increased from the first full pay period in July 2021 to: Grade Minimum Salary Grade 1 $ Maximum Salary $ Grade 2 54,200 66,242 Grade 3 66,242 79,734 Grade 4 79,734 94,140 Grade 5 94,140 113,226 Grade 6 113,226 142,619 142,619 208,421 (d) Following the3% salary increase referred to in Clause 16d (Remuneration Increase effective July 2022), the Grades will be increased from the first full pay period in July 2022 to: Grade Minimum Salary Maximum Salary Grade 1 $ $ Grade 2 55,826 68,229 Grade 3 68,229 82,126 Grade 4 82,126 96,964 Grade 5 96,964 Grade 6 116,623 116,623 146,898 146,898 214,674 15.2 Remuneration Packaging Employees may request salary to vary up or down in exchange for a corresponding adjustment in other remuneration items to meet their personal situation in accord with the Employer's flexible remuneration package policy, provided that the total cost may not exceed the salary determined for the Employee The Employer will provide access to advisers from a Remuneration packaging company if that is desired by Employees generally. 15.3 Remuneration of Casual Employees Casual Employees will be paid at least the salary applicable to the minimum hourly rate for the classification Grade in which they are employed plus a loading of 25% in lieu of all entitlement to the following benefits: flexitime, public holidays, recreation (annual) leave and recreation leave loading, personal (sick/carer's) leave other than unpaid leave, family and domestic violence leave, unpaid parental leave, leave in respect of pressing necessity, jury service, accident compensation make up pay and defence forces leave. Where the remuneration of a casual Employee imposes an obligation on the Employer to pay superannuation contributions under Superannuation Guarantee legislation, the Employer will pay these contributions in addition to the minimum rate plus loading. 27




 



Co/NVEST Enterprise Bargaining Agreement 2019 

16. REMUNERATION INCREASES UNDER THIS AGREEMENT 

(a) Remuneration Increase effective July 2019. 

As per the Memorandum of Understanding between ColNVEST and CPSU representative dated 6 
April 2020, all Employees party to this Agreement will receive an increase in salary of 3.0% effective 
from thefirstfull pay period in July 2019. 

(b) Remuneration Increase effective July 2020. 
From the first full pay period in July 2020, all Employees party to this agreement will receive an 
increase in salary of 3%. 

(c) Remuneration Increase effective July 2021. 
From the first full pay period July 2021, all Employees party to this Agreement will receive an increase 
in salary of 3%. 

(d) Remuneration Increase effective July 2022. 
From the first full pay period July 2022, all Employees party to this Agreement will receive an increase 
in salary of 3%. 

(e) Grade movement 
The outer salary limits of each classification grade will move up in accordance with the remuneration 
increases outlined above and as prescribed in clause 15 (Classification and Renumeration) of this 
Agreement. 

(f) Progression Payments 
From the first full pay period in each of July 2019, July 2020, July 2021 and July 2022, all Employees 
party to this Agreement will be considered for a further increase in salary according to the following: 

• 0. 75% for staff assessed as having met the value add criteria. 
• 1.5% for staff assessed as exceeded the value add criteria. 

The above progression payments are in addition to the Remuneration Increases in Clauses 15 (a) 
to (d). 

In the case of any Employee whose salary is at or above the Maximum Salary for that Grade, a 
progression payment will be made as a lump sum payment, not as an increase in salary. 
Where a progression payment would lift an Employee's salary to the Maximum Salary for that 
Grade, the Employee's salary will only lifted to the Maximum Salary for the Grade, with the excess 
over the Maximum Salary being paid as a lump sum payment, not as an increase in salary. 

Before December 24 2019, and before 1 July 2020 and before 1 July 2021 and before 1 July 2022, 
the Employer must reach agreed performance goals with all Employees. The intention is thatthese 
goals are indicative of the level of performance regarded as satisfactory in the Employee's particular 
position. The Joint Consultative Committee, established under Clause 4 (About This AgreemenQ 
of this Agreement, will review the annual performance review process in September 2021. 

The Employer will establish a process for the annual performance assessment reviews and 
criteria for determining whether performance, meets expectations, exceeds expectations or is 
outstanding. The process and criteria will be documented and published. 

Any dispute relating to the assessment through the annual performance reviews can be dealt with 
through the process outlined in Clause 9 (Resolution of Disputes). 

(g) No further remuneration increases until July2022 
The parties agree that any agreement which succeeds this Agreement will not provide for a further 
remuneration increase prior to the first pay period in July 2022. 

(h) No further claims 
No further claims will be made on the Employer by the Union or any Employee bound by this 
agreement over the period of operation of this Agreement. 

(i) Superannuation Contributions 

28 


CoINVEST Enterprise Bargaining Agreement 2019 16. REMUNERATION INCREASES UNDER THIS AGREEMENT (a) Remuneration Increase effective July 2019. As per the Memorandum of Understanding between CoINVEST and CPSU representative dated 6 April 2020, all Employees party to this Agreement will receive an increase in salary of 3.0% effective from the first full pay period in July 2019. (b) Remuneration Increase effective July 2020. From the first full pay period in July 2020, all Employees party to this agreement will receive an increase in salary of 3%. (c) Remuneration Increase effective July 2021. From the first full pay period July 2021, all Employees party to this Agreement will receive an increase in salary of 3%. (d) Remuneration Increase effective July 2022. From the first full pay period July 2022, all Employees party to this Agreement will receive an increase in salary of 3%. (e) Grade movement The outer salary limits of each classification grade will move up in accordance with the remuneration increases outlined above and as prescribed in clause 15 (Classification and Renumeration) of this Agreement. (f) Progression Payments From the first full pay period in each of July 2019, July 2020, July 2021 and July 2022, all Employees party to this Agreement will be considered for a further increase in salary according to the following: . 0.75% for staff assessed as having met the value add criteria. 1.5% for staff assessed as exceeded the value add criteria. to (d). The above progression payments are in addition to the Remuneration Increases in Clauses 15 (a) In the case of any Employee whose salary is at or above the Maximum Salary for that Grade, a progression payment will be made as a lump sum payment, not as an increase in salary. Where a progression payment would lift an Employee's salary to the Maximum Salary for that Grade, the Employee's salary will only lifted to the Maximum Salary for the Grade, with the excess over the Maximum Salary being paid as a lump sum payment, not as an increase in salary. Before December 24 2019, and before 1 July 2020 and before 1 July 2021 and before 1 July 2022, the Employer must reach agreed performance goals with all Employees. The intention is that these goals are indicative of the level of performance regarded as satisfactory in the Employee's particular position. The Joint Consultative Committee, established under Clause 4 (About This Agreement) of this Agreement, will review the annual performance review process in September 2021. The Employer will establish a process for the annual performance assessment reviews and criteria for determining whether performance, meets expectations, exceeds expectations or is outstanding. The process and criteria will be documented and published. Any dispute relating to the assessment through the annual performance reviews can be dealt with through the process outlined in Clause 9 (Resolution of Disputes). (g) No further remuneration increases until July 2022 The parties agree that any agreement which succeeds this Agreement will not provide for a further remuneration increase prior to the first pay period in July 2022. (h) No further claims No further claims will be made on the Employer by the Union or any Employee bound by this agreement over the period of operation of this Agreement. (i) Superannuation Contributions 28




 



Co INVEST Enterprise Bargaining Agreement 2019 

The Employer must pay superannuation contributions into the superannuation accounts of 
Employees. At the commencement of this agreement the superannuation guarantee is 9.5%. 
From the period commencing 1 July 2019, the Employer will pay a superannuation contribution of 
10.5%. 
In the event the superannuation guarantee increases during the course of the Agreement, the 
Employer will maintain a superannuation contribution margin of 1% over the superannuation 
guarantee. 

17. SALARY CONTINUANCE INSURANCE 

The Employer will provide income protection to all Employees covered by this Agreement under a Group 
Salary Continuance Policy. Atall times, the Employer shall make available to all Employees the current details 
of the policy. 

The Insurance cover will be reviewed each year by the JCC, prior to renewal. 

18. AUTHORISED UNION REPRESENTATIVES 

An Employee shall not be dismissed or injured in their employment or have their employment altered in a 
prejudicial manner, or be threatened with prejudicial or injurious treatment or with dismissal by reason of their 
status or reasonable activities as an authorised representative of the union oron the basis of their membership 
of or participation in the activities of the union. 
An authorised representative of the Union shall be released by the Employer from normal duties for such 
periods of time as may be reasonably necessary to enable him or her to carry out their representative 
functions. 
Members of the Union shall be permitted by the Employer to post written material authorised by the Union in 
a place within the workplace to which Union members have convenient access, and to distribute such written 
material by appropriate means to Union members. 
Members of the Union shall be permitted to use online and other communication devices to communicate 
necessary information to members and Employees. 

Employees who are CPSU SPSF Victorian Branch Council members nominated by the Branch Secretaiy of 
the Union 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 
Additional paid leave will be granted to CPSU SPSF Victorian Branch Council members nominated by the 
Branch Secretary to attend: 

(a) Federal Executive and Federal Council meetings of the union 
(b) Australian Council of Trade Unions triennial conference. 

19. RIGHT OF ENTRY 

For the purposes of ensuring compliance with this Agreement and the FW Act, an official of a 
Union who has been issued with an entry permit by FWC pursuant to section 512 of the FW Act 
will be permitted access to the workplace provided he/she complies with the provisions set out in 
Part 3-4 of the Act. 
A permit holder may only enter the workplace for the purposes permitted by and in compliance 
with the provisions of Part 3-4 of the FW Act. 
A permit holder may enter the premises and shall adhere to the principles that he/she must not 
intentionally hinder or obstruct any person, or otherwise act in an improper manner. 
A permit holder has no entitlement to access to any workplace other than in accordance with Part 
3-4 of the FW Act. 

20. EXPENSES AND ALLOWANCES 

Employees will be reimbursed for any reasonable and necessary travel and personal expenses incurred in 
the course of their authorised duties. 
Where necessary to carryoutthe Employee'sduties, the Employerwill ensure that a motor vehicle is provided 
for the Employee's use. 
In normal circumstances prior approval must be obtained before incurring travel and personal expenses. An 
Employee should consult their Manager as to the level of expenditure that will be considered reasonable for 
a particular trip or other absence from Co INVEST Limited. The General Manager will ensure that expenses, 
for which reimbursement is claimed, were actual and necessary and could not have been arranged more 
economically. Employees must provide receipts or proof of amounts actually expended in order to be 

29 


CoINVEST Enterprise Bargaining Agreement 2019 The Employer must pay superannuation contributions into the superannuation accounts of Employees. At the commencement of this agreement the superannuation guarantee is 9.5%. From the period commencing 1 July 2019, the Employer will pay a superannuation contribution of 10.5%. In the event the superannuation guarantee increases during the course of the Agreement, the Employer will maintain a superannuation contribution margin of 1% over the superannuation guarantee. 17. SALARY CONTINUANCE INSURANCE The Employer will provide income protection to all Employees covered by this Agreement under a Group Salary Continuance Policy. Atall times, the Employer shall make available to all Employees the current details of the policy. The Insurance cover will be reviewed each year by the JCC, prior to renewal. 18. AUTHORISED UNION REPRESENTATIVES An Employee shall not be dismissed or injured in their employment or have their employment altered in a prejudicial manner, or be threatened with prejudicial or injurious treatment or with dismissal by reason of their status or reasonable activities as an authorised representative of the union or on the basis of their membership of or participation in the activities of the union. An authorised representative of the Union shall be released by the Employer from normal duties for such periods of time as may be reasonably necessary to enable him or her to carry out their representative functions. Members of the Union shall be permitted by the Employer to post written material authorised by the Union in a place within the workplace to which Union members have convenient access, and to distribute such written material by appropriate means to Union members. Members of the Union shall be permitted to use online and other communication devices to communicate necessary information to members and Employees. Employees who are CPSU SPSF Victorian Branch Council members nominated by the Branch Secretary of the Union 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 Additional paid leave will be granted to CPSU SPSF Victorian Branch Council members nominated by the Branch Secretary to attend: (a) Federal Executive and Federal Council meetings of the union (b) Australian Council of Trade Unions triennial conference. 19. RIGHT OF ENTRY For the purposes of ensuring compliance with this Agreement and the FW Act, an official of a Union who has been issued with an entry permit by FWC pursuant to section 512 of the FW Act will be permitted access to the workplace provided he/she complies with the provisions set out in Part 3-4 of the Act. A permit holder may only enter the workplace for the purposes permitted by and in compliance with the provisions of Part 3-4 of the FW Act. A permit holder may enter the premises and shall adhere to the principles that he/she must not intentionally hinder or obstruct any person, or otherwise act in an improper manner A permit holder has no entitlement to access to any workplace other than in accordance with Part 3-4 of the FW Act. 20. EXPENSES AND ALLOWANCES Employees will be reimbursed for any reasonable and necessary travel and personal expenses incurred in the course of their authorised duties. Where necessary to carry out the Employee's duties, the Employer will ensure that a motor vehicle is provided for the Employee's use. In normal circumstances prior approval must be obtained before incurring travel and personal expenses. An Employee should consult their Manager as to the level of expenditure that will be considered reasonable for a particular trip or other absence from Co INVEST Limited. The General Manager will ensure that expenses, for which reimbursement is claimed, were actual and necessary and could not have been arranged more economically. Employees must provide receipts or proof of amounts actually expended in order to be 29




 



Co!NVEST Enterprise Bargaining Agreement 2019 

reimbursed. 

20.1 Allowances 
Chief Fire Ward en $80 per fortniqht to be increased with EBA increases 
Deputy Fire Warden $60 oerfortniaht to be increased with EBA increases 
Fire Warden $30 oerfortniaht to be increased with EBA increases 
First Aid 
Coordinator $60 oerfortniaht to be increased with EBA increases 
First Aid Officer $30 perfortniaht to be increased with EBA increases 
Mental Health First 
Aiders 

$30 oerfortniaht to be increased with EBA increases 
Oneal[ 

Where on-call support is required, the Employee will be paid an on-call 
allowance of two hours salary at the Employee's ordinary rate to be on call 
for a four-hour shift on a weekend. 

Callout Where staff are required to 
(a) visit the office outside of ordinary hours or 
(b) attend to a support call from home in excess of thirty minutes or 
(c) attend to multiple calls from home 
regardless of duration, then: 
- The Employee will be entitled to a minimum of three hours of overtime or 
time in lieu for weekends includina travel time where necessan,_ 

Overtime Meal 
Allowance $25 

All allowances will be increased along with yearly EBA increases. 

20.2 Overnight Absences 
Expenses may be reimbursed when an Employee is authorised to visit a location within Australia for 'Mlli 
related purposes and additional expenses have actually and necessarily been incurred. Employees may 
seek reimbursement for meals, accommodation and incidentals. 

20.3 Advance Claim for Expenses 
Employees who are authorised to undertake duties away from Co INVEST may request an advance for 
expenses of no more than 75% of their estimated expenditure. Where appropriate, accommodation may 
be booked and prepaid by ColNVEST. An Employee in receipt of an advance must submit a schedule of 
their actual expenditure immediately on return to Co INVEST. Evidence of the actual expenditure must be 
attached. 

20.4 Overtime Meal 
In the event of approved additional hours being worked, Employees will be entitled to a meal 
allowance of $25, to be paid with salary, if: 

• where the additional hours are worked on a weekday, the additional hours extend beyond 7:00 pm; 
or 

• where the additional hours are worked on a Saturday, Sunday or Public Holiday the number of 
additional hours is at least five hours in one day 

20.5 Field Officer's Parking Reimbursement 
Where no receipt is obtainable, Co INVEST will reimburse all Field Officers for parking expenses incurred 
in carrying out their duties. In this case, the Field Officer's claim for reimbursement is to be substantiated 
by a diary entry in lieu of a receipt. 

20.6 After hours support on-call allowance 
In the event that an Employee is required to be on-call to support overtime being worked by other staff, 
the following will apply: 

• A supervisor or manager will agree with the Employee in advance of any requirement to provide 
on- call support. 

• Where on-call support is required, the Employee will be paid an on-call allowance of two hours 

30 


CoINVEST Enterprise Bargaining Agreement 2019 reimbursed. 20.1 Allowances Chief Fire Warden |$80 per fortnight to be increased with EBA increases Deputy Fire Warden $60 per fortnight to be increased with EBA increases Fire Warden $30 per fortnight to be increased with EBA increases First Aid Coordinator $60 per fortnight to be increased with EBA increases First Aid Officer $30 per fortnight to be increased with EBA increases Mental Health First Aiders $30 per fortnight to be increased with EBA increases Oncall® Where on-call support is required, the Employee will be paid an on-call allowance of two hours salary at the Employee's ordinary rate to be on call for a four-hour shift on a weekend. Callout Where staff are required to (a) visit the office outside of ordinary hours or (b) attend to a support call from home in excess of thirty minutes or (c) attend to multiple calls from home regardless of duration, then: - The Employee will be entitled to a minimum of three hours of overtime or time in lieu for weekends, including travel time where necessary. Overtime Meal Allowance $25 All allowances will be increased along with yearly EBA increases. 20.2 Overnight Absences Expenses may be reimbursed when an Employee is authorised to visit a location within Australia for work related purposes and additional expenses have actually and necessarily been incurred. Employees may seek reimbursement for meals, accommodation and incidentals. 20.3 Advance Claim for Expenses Employees who are authorised to undertake duties away from CoINVEST may request an advance for expenses of no more than 75% of their estimated expenditure. Where appropriate, accommodation may be booked and prepaid by CoINVEST. An Employee in receipt of an advance must submit a schedule of their actual expenditure immediately on return to CoINVEST. Evidence of the actual expenditure must be attached. 20.4 Overtime Meal In the event of approved additional hours being worked, Employees will be entitled to a meal allowance of $25, to be paid with salary, if: where the additional hours are worked on a weekday, the additional hours extend beyond 7:00 pm; . or where the additional hours are worked on a Saturday, Sunday or Public Holiday the number of additional hours is at least five hours in one day 20.5 Field Officer's Parking Reimbursement Where no receipt is obtainable, CoINVEST will reimburse all Field Officers for parking expenses incurred in carrying out their duties. In this case, the Field Officer's claim for reimbursement is to be substantiated by a diary entry in lieu of a receipt. 20.6 After hours support on-call allowance In the event that an Employee is required to be on-call to support overtime being worked by other staff, the following will apply: A supervisor or manager will agree with the Employee in advance of any requirement to provide on- call support. Where on-call support is required, the Employee will be paid an on-call allowance of two hours 30




 



Co/NVEST Enterprise Bargaining Agreement 2019 

salary at the Employee's ordinary rate to be on call for a four-hour shift on a weekend. 

• It is intended that the on-call allowance allows the support person, if called, to deal with a sirgle 
matter in the course of thirty minutes. Should multiple matters arise or if the time spent in dealirg 
with a sing le matter exceeds thirty minutes, the 'call-out' provision below applies. 

• Where staff are provided with more than 48 hours' notice of cancellation of the need for support, 
then no on-call allowance will be payable. 

20.7 After hours support call out provision 

• Where an Employee is required to: 

a. visit the office outside of ordinary hours; or 

b. attend to a support call from home in excess of thirty minutes or 

c. attend to multiple calls from home regardless of duration, then: 

i. The Employee will be entitled to a minimum of three hours of overtime or time in 
lieu for weekends, including travel time where necessary. 

• Rates of payment and eligibility for overtime are as specified clause 6.4 (Additional Hours) of 
this Agreement. 

• Overtime payments and time in lieu arrangements will be in addition to the on-call allowance. 

21. HIGHER DUTIES 

Where an Employee is assigned to duties for a defined period in a Grade higher than their substantive Grade 
for at least five working days, which need not be consecutive, the Employee shall be entitled to a Higher 
Duties Allowance equal to the difference between the Employee's salary and the minimum salary payable for 
the Grade to which the Employee is assigned but the Higher Duties Allowance will always be at least 5% of 
the Employee's salary. 

22. RECREATION {ANNUAL) LEAVE LOADING 

Employees are entitled to a loading of 17.5% on recreation leave accruing to 31 December in each year of 
operation of this Agreement. This loading will be paid on the first normal pay date in that December. 
Leave loading is not applicable to the additional leave arising from a flexible employment arrangement. 

Leave loading is calculated on Salary but will not exceed the salary amount set for the top of the Grade 5 
range. This amount will increase each year by the percentage amount of remuneration increase in that year. 
Leave loading is not available for salary packaging. 

23. FAIR WORKPLACE 

The Employer and all Employees must treat each other fairly and reasonably. 

24. SAFE WORKPLACE 

The Employer must provide a workplace for all Employees that is, as far as is practicable, without risk to health 
and safety. 

There shall be an Occupational Health and Safety Committee. The Committee must include representatives 
of the Employer, the OHS representatives and the Union delegate. Officers of the Union may attend committee 
meetings. The Committee shall meet and operate as determined by itself. The committee is responsible for 
addressing all occupational health and safety issues. 

25. WORKLOAD 

The Employer must not allocate work without consideration of the Employee's hours of work, health, safely 
and welfare. Work will be allocated so that there is not an allocation that routinely requires work to be 
undertaken beyond an Employee's ordinary hours of work. However, the Employer may require an Employee 
to work overtime where: 

a. such work is unavoidable because of work demands and reasonable notice of the 
requirement to work overtime is given by the Employer; or 

b. where, due to an emergency or urgent matter beyond the company's control, it has not 
been possible to provide reasonable notice. 

Where an individual or group of individuals believe that there is an unreasonable allocation of work leadirg to 
staff being overloaded with work, the individual or group of individuals concerned can seek to have the 
allocation reviewed by the Employer to address the staff concerns. A request to lower workload should not be 
unreasonably refused. 

26. FLEXIBILITY 

31 


CoINVEST Enterprise Bargaining Agreement 2019 salary at the Employee's ordinary rate to be on call for a four-hour shift on a weekend. It is intended that the on-call allowance allows the support person, if called, to deal with a single matter in the course of thirty minutes. Should multiple matters arise or if the time spent in dealing with a single matter exceeds thirty minutes, the 'call-out' provision below applies. Where staff are provided with more than 48 hours' notice of cancellation of the need for support, then no on-call allowance will be payable. 20.7 After hours support call out provision . Where an Employee is required to: a. visit the office outside of ordinary hours; or b. attend to a support call from home in excess of thirty minutes or c. attend to multiple calls from home regardless of duration, then: i. The Employee will be entitled to a minimum of three hours of overtime or time in lieu for weekends, including travel time where necessary. Rates of payment and eligibility for overtime are as specified clause 6.4 (Additional Hours) of this Agreement. · Overtime payments and time in lieu arrangements will be in addition to the on-call allowance. 21. HIGHER DUTIES Where an Employee is assigned to duties for a defined period in a Grade higher than their substantive Grade for at least five working days, which need not be consecutive, the Employee shall be entitled to a Higher Duties Allowance equal to the difference between the Employee's salary and the minimum salary payable for the Grade to which the Employee is assigned but the Higher Duties Allowance will always be at least 5% of the Employee's salary. 22. RECREATION (ANNUAL) LEAVE LOADING Employees are entitled to a loading of 17.5% on recreation leave accruing to 31 December in each year of operation of this Agreement. This loading will be paid on the first normal pay date in that December. Leave loading is not applicable to the additional leave arising from a flexible employment arrangement. Leave loading is calculated on Salary but will not exceed the salary amount set for the top of the Grade 5 range. This amount will increase each year by the percentage amount of remuneration increase in that year. Leave loading is not available for salary packaging. 23. FAIR WORKPLACE The Employer and all Employees must treat each other fairly and reasonably. 24. SAFE WORKPLACE The Employer must provide a workplace for all Employees that is, as far as is practicable, without risk to health and safety. There shall be an Occupational Health and Safety Committee. The Committee must include representatives of the Employer, the OHS representatives and the Union delegate. Officers of the Union may attend committee meetings. The Committee shall meet and operate as determined by itself. The committee is responsible for addressing all occupational health and safety issues. 25. WORKLOAD The Employer must not allocate work without 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. However, the Employer may require an Employee to work overtime where: a. such work is unavoidable because of work demands and reasonable notice of the requirement to work overtime is given by the Employer; or b. where, due to an emergency or urgent matter beyond the company's control, it has not been possible to provide reasonable notice. Where an individual or group of individuals believe that there is an unreasonable allocation of work leading to staff being overloaded with work, the individual or group of individuals concerned can seek to have the allocation reviewed by the Employer to address the staff concerns. A request to lower workload should not be unreasonably refused. 26. FLEXIBILITY 31




 



Co/NVEST Enterprise Bargaining Agreement 2019 

26.1. An Employer and Employee covered by this Agreement may agree to make an individual flexibility 
arrangement to vary the effect of terms of the Agreement if: 

a. the agreement deals with arrangements about when work is performed; 
b. the arrangement meets the genuine needs of the Employer and Employee in relation to 1 

or more of the matters mentioned in paragraph (a); and 
c. the arrangement is genuinely agreed to by the Employer and the Employee. 

26.2 The Employer must ensure that the terms of the individual flexibility arrangement: 
a. are about permitted matters under section 172 of the Fair Work Act 2009; and 
b. are not unlawful terms under section 194 of the Fair Work Act 2009; and 
c. result in the Employee being better off overall than the Employee would be if no 

arrangement was made. 
26.3 The Employer must ensure that the individual flexibility arrangement: 

a. is in writing; and 
b. includes the name of the Employer and Employee; and 
c. is signed by the Employer and Employee and if the Employee is under 18 years of age, 

signed by a parent or guardian of the Employee; and 
d. includes details of: 

i. the terms of the Agreement that will be varied by the arrangement; and 
ii. how the arrangement will vary the effect of the terms; and 
iii. how the Employee will be better off overall in relation to the terms and conditions 

of their employment as a result of the arrangement; and 
iv. states the day on which the arrangement commences. 

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

26.5The Employer or Employee may terminate the individual flexibility arrangement: 
a. by giving no more than 28 days written notice to the other party to the arrangement; or 
b. if the Employer and Employee agree in writing - at any time. 

27 FLEXIBILITY DURING A STATE OF EMERGENCY 

If a State of Emergency is declared, ColNVESTwill attempt to operate as normal, however will continue to 
take additional precautions, including: 

• Monitoring suggestions and advice from Government bodies. 

• Encouraging staff to be mindful of their current physical and mental health. 

If a State of Emergency is declared in all or part Victoria, ColNVESTwill work with staff, HSRs and the Union 
to ensure the safety and continued support to affected staff. 
This may include: 

• Safety Plan including Cleaning Schedule. 
• Working from home arrangements. 
• Rotating office days. 
• Extended system access time. 
• Flexible use of leave arrangements. 

Management will clarify the importance of processes required. This may mean normal tasks completed may be 
adjusted during a period of restricted access to the office but will remain within pay grade and skill set. 

If it is required for effected staff to begin working from home, the following considerations will be taken into 
account: 

• Affected area vs affected staff. 
• Current Telework arrangements may become full time (ie: no office days). 
• Field Officers to cancel visits/meetings in effected areas. 
• Effected high risk staff. 
• Parents of effected school aged children. 

32 


CoINVEST Enterprise Bargaining Agreement 2019 26.1. An Employer and Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: a. the agreement deals with arrangements about when work is performed b. the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph (a); and c. the arrangement is genuinely agreed to by the Employer and the Employee. 26.2 The Employer must ensure that the terms of the individual flexibility arrangement: a. are about permitted matters under section 172 of the Fair Work Act 2009; and b. are not unlawful terms under section 194 of the Fair Work Act 2009; and c. result in the Employee being better off overall than the Employee would be if no arrangement was made. 26.3 The Employer must ensure that the individual flexibility arrangement: a. is in writing; and b. includes the name of the Employer and Employee; and c. is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and d. includes details of: i. the terms of the Agreement that will be varied by the arrangement; and ii. how the arrangement will vary the effect of the terms; and ili. how the Employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and iv. states the day on which the arrangement commences. 26.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 26.5 The Employer or Employee may terminate the individual flexibility arrangement: a. by giving no more than 28 days written notice to the other party to the arrangement; or b. if the Employer and Employee agree in writing - at any time. 27 FLEXIBILITY DURING A STATE OF EMERGENCY If a State of Emergency is declared, CoINVEST will attempt to operate as normal, however will continue to take additional precautions, including: . Monitoring suggestions and advice from Government bodies. Encouraging staff to be mindful of their current physical and mental health. . If a State of Emergency is declared in all or part Victoria, CoINVEST will work with staff, HSRs and the Union to ensure the safety and continued support to affected staff. This may include: . Safety Plan including Cleaning Schedule. Working from home arrangements. Rotating office days. Extended system access time. . Flexible use of leave arrangements. Management will clarify the importance of processes required. This may mean normal tasks completed may be adjusted during a period of restricted access to the office but will remain within pay grade and skill set. If it is required for effected staff to begin working from home, the following considerations will be taken into account: . Affected area vs affected staff. . Current Telework arrangements may become full time (ie: no office days). Field Officers to cancel visits/meetings in effected areas. Effected high risk staff. . . Parents of effected school aged children. 32




 



Co INVEST Enterprise Bargaining Agreement 2019 

28 Signatures 

Signed on behalf of CPSU, the Community and Public Sector Union. 

/' ' 

Karen Batt 

Victorian Branch Secretary 
CPSU SPSF Vic 
Level 10 

128 Exhibition St 
Melbourne, VIC, 3000 

behalf of ColNVEST Limited. 

Jo n Hartley 
c1 ief Executive Officer 
Lpvel6 
4'7s Albert St 
East Melbourne, VIC, 3002 

Authority provided under delegation 
No 6(iv) of the Board 

Date: 

.,Atl(Jflh.,v fVli/C~f2- i &­

l~( d s-( 2-o'L( 

33 


CoINVEST Enterprise Bargaining Agreement 2019 28 Signatures Signed on behalf of CPSU, the Community and Public Sector Union. Haren Bart. Date: 13/5/21 Karen Batt Victorian Branch Secretary witnessed by CPSU SPSF Vic Level 10 128 Exhibition St - Mandy Coulson Melbourne, VIC, 3000 13/5/21. Cpsuladusinal officer Signed on behalf of CoINVEST Limited. 13/5/21 Date: John Hartley Chief Executive Officer witnessed by Lével 6 478 Albert St East Melbourne, VIC, 3002 Authority provided under delegation No 6(iv) of the Board ANDREW MACKENZIE 13/05/2021 33




 








  



 
 

CoINVEST Limited (ABN 35 078 004 985) as Trustee for the Construction Industry Long Service Leave Fund 

 

  

 

  
Deputy President Colman 
Fair work Commission 
BY EMAIL: Chambers.Colman.DP@fwc.gov.au 
 
 
Dear Deputy President Colman, 
 
UNDERTAKING RE COINVEST LIMITED ENTERPRISE AGREEMENT 2019, Matter Number 
AG2021/5127 
 
CoINVEST Limited hereby undertakes that The National Employment Standards (NES) apply 
to all employees as a minimum standard. Where there is an inconsistency between the NES 
and a clause of this agreement, the NES will apply and the clause of the agreement will not 
apply, except to the extent that the clause of the agreement provides for a more beneficial 
outcome for employees than the NES. 

 
Yours sincerely,          
            
  

JOHN HARTLEY 
Chief Executive Officer 
 

 

GLENN WILSON 
HR Manager 

 

CC: 
Mandy Coulson, CPSU 
Matt McPhee, Employee Representative 

Thursday, 20 May 2021 478 Albert Street 
East Melbourne, Victoria 3002 
 
T 03 9664 7677 
T 1800 805 844 (Toll Free) 
F 03 9663 7088 
info@coinvest.com.au 
 
GPO Box 4368 
Melbourne, Victoria 3001 
 
www.coinvest.com.au 

:co INVEST: 
LONG SERVICE LEAVE 


COINVEST LONG SERVICE LEAVE

Cases cited by this decision: