Victoria Legal Aid Enterprise Agreement 2020-2024

1

Fair Work Act 2009 
s.185—Enterprise agreement

Victoria Legal Aid T/A Victoria Legal Aid
(AG2021/5147)

VICTORIA LEGAL AID ENTERPRISE AGREEMENT 2020-2024

State and Territory government administration

DEPUTY PRESIDENT YOUNG MELBOURNE, 2 JUNE 2021

Application for approval of the Victoria Legal Aid Enterprise Agreement 2020-2024.

[1] Victoria Legal Aid T/A Victoria Legal Aid (the Employer) has made an application 
for approval of an enterprise agreement known as the Victoria Legal Aid Enterprise 
Agreement 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 
The Agreement is a single-enterprise agreement.

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

[3] Subject to the undertakings referred to above, and on the basis of the material 
contained in the application, and the accompanying statutory declaration and the additional 
information provided by the Employer, I am satisfied that each of the requirements of ss 186, 
187, 188 and 190 as are relevant to this application for approval have been met. 

[4] The Community and Public Sector Union (CPSU), being a bargaining representative 
for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the 
Agreement.  In accordance with s 201(2) and based on the statutory declaration provided by 
the organisation, I note that the Agreement covers the organisation.

[2021] FWCA 3185

DECISION
FairWork 

Commission 


AUSTRALIA FairWork Commission






2

[5] The Agreement was approved on 2 June 2021 and, in accordance with s 54, will 
operate from 9 June 2021. The nominal expiry date of the Agreement is 1 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE511705  PR730410


THE FAIR WORK COMMISSION




 



3

Annexure A

IN THE FAIIR WORK COMM ISSION 

FWC Matter No,_: 

AG2021J5,147 

Applicant: 

Victoria legal Aid TIA Viotoria legal Aid 

Seclio , 185 - App icatioo for approval of a single enterprise agreement 

Undertaking - Section 1,9,0 

1,, lou:ise G lanville, Ohief Executive Officer, have ttie authority given to me by Victoria Legal 
Aid HA Victoria legal Aid to give ttie following UJndertak:ings v.iith respecit to the Victoria Legal 
Aid Enterprise Agreement 2020- 24 (''the Agreement"): 

1. Notwithstanding daUJSe 28.5.1 , all aocrued personal/carer's leave may be rak:en as 
carer's leave. 

2. Notwithstanding clause 43 .. 5, the employer and an individual employee may agree to 
subs'lilllte another day for any prescribed in dausie 43 _ 

3. Notwithstanding th!at 1he AgreemeITI: does not provide for work value levels as set out 
in the Vlciorian state Go!llemmentAgencifM Awa,r;d 2015 ("the Award"): 

a. Every emp oyee engaged UJrtder the classification VlA 1 o:r VlA 3 wil I be paid at 
least ttie minimum Award rate fo:r the r,elevant dassifira1ion grade and work value 
level under the Award plus $1. 

b. Every employee engaged under the dassifica1ion VlA 11 or VILA 3, will be eligible 
to progress to ttie next work value level in acwrdanoe with dause 9.6 of the Award. 
This 'Will not apply to those efll\p1oyees at the maximum v.rork value level for their 
respect ive grade under the Award. 

4-. In relalio:n to the stand-by al lowanoe: 

a. !Notwithstanding the tab e at claLISe 26 .. 15.7 the fdllowing amounts of stand-by 
allowance wi II be paid: 

•ate uavable Pavable Amount 

1 IDeoember 2020 Per n:ii:1ht $24-.92. 

1 IDeoember 2021 Per n:ii:1ht $25.42. 


IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/5147 Applicant: Victoria Legal Aid T/A Victoria Legal Aid Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Louise Glanville, Chief Executive Officer, have the authority given to me by Victoria Legal Aid T/A Victoria Legal Aid to give the following undertakings with respect to the Victoria Legal Aid Enterprise Agreement 2020-24 ("the Agreement"): 1. Notwithstanding clause 28.5.1, all accrued personal/carer's leave may be taken as carer's leave. 2 Notwithstanding clause 43.5, the employer and an individual employee may agree to substitute another day for any prescribed in clause 43. 3. Notwithstanding that the Agreement does not provide for work value levels as set out in the Victorian State Government Agencies Award 2015 ("the Award"): a. Every employee engaged under the classification VLA 1 or VLA 3 will be paid at least the minimum Award rate for the relevant classification grade and work value level under the Award plus $1. b. Every employee engaged under the classification VLA 1 or VLA 3, will be eligible to progress to the next work value level in accordance with clause 9.6 of the Award. This will not apply to those employees at the maximum work value level for their respective grade under the Award. 4. In relation to the stand-by allowance: a. Notwithstanding the table at clause 26.15.7 the following amounts of stand-by allowance will be paid: Date payable Payable Amount 1 December 2020 Per night $24.92 1 December 2021 Per night $25.42




 



[2021] FWCA 3185

4

1 December 2022 Per niaht $25.93 

1 December 2023 Per niaht $26.45 

1 December 2020 Per 24-hour oeriod ( day and niahtl $49.84 

1 December 2021 Per 24-hour nriod I dav and niahtl $50.84 

1 December 2022 Per 24-hour =riod I dav and niaht) $51.86 

1 December 2023 Per 24-hour nriod /dav and niahtl $52.90 

b. Furthem10re, for the life of the Agreement the stand-by allowance paid under 
clause 26.15. 7 will be at least equivalent to the stand by allowance at clause 15.1 
of the Award. 

5. In relation to excess travelling time, for the life of the Agreement, the employer will 
apply clause 15.3(c) of the Award . 

6. In relation to motor vehicle allowance: 

a. Notwithstanding that clause 20.6 provides for reimbursement of kilometre costs 
based on the rates determined by the Australian Taxation Office, the employer will 
reimburse the kilometre costs at $0.80 per kilometre. 

b. For the life of the Agreement the n10tor vehicle allowance paid under clause 20.6 
will increase by 2% on 1 Decembef each year. Provided that the motor vehicle 
allowance paid under clause 20.6 will at all times be at least equivalent to the 
motor vehicle allowance paid under clause 15.1 of the Award. 

7. In relation to higher duties allowance provided at clause 20.2: 

a. When the numbef of consecutive working days in tem,s of clause 20.2.1 is five or 
more, any public holiday(s) or authorised absence within the period or immediately 
following such period of hig her duties, will be included for payment when 
calculating the allowance to b,e paid. 

b. In addition to clause 20.2.4, in the event where an employee who has been 
performing a higher duties position for 20 or more consecutive days proceeds 
upon annual leave, but does oot return to the higher duties position upon return 
from leave, the employee will be paid the higher duties allowance for the entire 
period of annual leave. 

8. Notwithstanding the reference at clause 12.1.5 to trainees, for the life of the 
Agreement, oo employee shall be engaged as a trainee under the Agreement. 

9. Notwithstanding clause 26.1.3, a part-time employee will be entitled to payment of 
overtime, or equivalent time-off, in accordance with clauses 26.1.5 and 26.1.6, where 
they are required to work outside their ordinary hours of work (i.e. their fixed worKing 
hours). 

10. In relation to the shift allowances at clause 25.3, a Monday to Friday - evening shift is 
for the period finishing after 6.30pm and at or before midnight. 


1 December 2022 Per night $25.93 1 December 2023 Per night $26.45 1 December 2020 Per 24-hour period (day and night) $49.84 1 December 2021 Per 24-hour period (day and night) $50.84 1 December 2022 Per 24-hour period (day and night) $51.86 1 December 2023 Per 24-hour period (day and night) $52.90 b. Furthermore, for the life of the Agreement the stand-by allowance paid under clause 26.15.7 will be at least equivalent to the stand by allowance at clause 15.1 of the Award. 5. In relation to excess travelling time, for the life of the Agreement, the employer will apply clause 15.3(c) of the Award. 6. In relation to motor vehicle allowance: a. Notwithstanding that clause 20.6 provides for reimbursement of kilometre costs based on the rates determined by the Australian Taxation Office, the employer will reimburse the kilometre costs at $0.80 per kilometre. b. For the life of the Agreement the motor vehicle allowance paid under clause 20.6 will increase by 2% on 1 December each year. Provided that the motor vehicle allowance paid under clause 20.6 will at all times be at least equivalent to the motor vehicle allowance paid under clause 15.1 of the Award. 7. In relation to higher duties allowance provided at clause 20.2: a. When the number of consecutive working days in terms of clause 20.2.1 is five or more, any public holiday(s) or authorised absence within the period or immediately following such period of higher duties, will be included for payment when calculating the allowance to be paid. b. In addition to clause 20.2.4, in the event where an employee who has been performing a higher duties position for 20 or more consecutive days proceeds upon annual leave, but does not return to the higher duties position upon return from leave, the employee will be paid the higher duties allowance for the entire period of annual leave. 8. Notwithstanding the reference at clause 12.1.5 to trainees, for the life of the Agreement, no employee shall be engaged as a trainee under the Agreement. 9. Notwithstanding clause 26.1.3, a part-time employee will be entitled to payment of overtime, or equivalent time-off, in accordance with clauses 26.1.5 and 26.1.6, where they are required to work outside their ordinary hours of work (i.e. their fixed working hours). 10. In relation to the shift allowances at clause 25.3, a Monday to Friday - evening shift is for the period finishing after 6.30pm and at or before midnight.




 



[2021] FWCA 3185

5

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

Louise Glanville 
Chief Executive Officer 
Victoria Legal Aid 

28 May2021 

Date 


These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Louise Glanville Chief Executive Officer Victoria Legal Aid 28 May 2021 Date

Victoria Legal Aid




 Enterprise Agreement 2020–24 
 

Q Victoria Legal Aid 






 Victoria Legal Aid 

HillS
New Stamp



 

 

Acknowledgement of country 
This Agreement was written on the land of the Wurundjeri and Boon Wurrung people of the Kulin 
Nation. We acknowledge and pay our respects to Aboriginal and Torres Strait Islander peoples 
and Traditional Custodians throughout Victoria, including Elders past and present. We also 
acknowledge the strength and resilience of all First Nations people who today are still arrested and 
imprisoned at rates far higher than other Australians.  








 

Victoria Legal Aid – Enterprise Agreement 2020–24 

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Contents 

Part 1 – Application and operation ..................................................................................................... 1 

Preamble ............................................................................................................................................ 1 

1. Title ........................................................................................................................................... 2 

2. Commencement and transitional .............................................................................................. 2 

3. Definitions and interpretation .................................................................................................... 3 

4. Coverage .................................................................................................................................. 4 

5. Individual flexibility arrangement .............................................................................................. 4 

6. Agreed statement on respect at work ....................................................................................... 5 

Part 2 – Consultation and dispute resolution .................................................................................... 5 

7. Implementation of change ........................................................................................................ 5 

8. Resolution of disputes .............................................................................................................. 7 

Part 3 – Types of employment, termination of employment and related matters ........................ 10 

9. Workforce mobility and flexibility commitment ........................................................................ 10 

10. Types of employment ............................................................................................................. 12 

11. Probation................................................................................................................................. 14 

12. Termination of employment .................................................................................................... 15 

13. Employment related legal costs .............................................................................................. 16 

14. Performance development and review ................................................................................... 16 

15. Limits of salary on transfer or promotion ................................................................................ 17 

16. Management of unsatisfactory work performance ................................................................. 17 

17. Management of misconduct.................................................................................................... 22 

Part 4 – Wages and related matters .................................................................................................. 27 

18. Salary rates ............................................................................................................................. 27 

19. Gender equality ...................................................................................................................... 29 

20. Allowances .............................................................................................................................. 32 

21. Accident pay ........................................................................................................................... 34 

22. Payment of salaries ................................................................................................................ 35 

23. Superannuation legislation ..................................................................................................... 35 

Part 5 – Hours of work and related matters ..................................................................................... 37 

24. Ordinary hours of work ........................................................................................................... 37 

25. Shift work ................................................................................................................................ 38 

26. Overtime and penalty rates..................................................................................................... 39 

Part 6 – Leave and public holidays ................................................................................................... 44 

27. Annual leave ........................................................................................................................... 44 

28. Personal/carer’s leave ............................................................................................................ 47 

29. Compassionate leave ............................................................................................................. 49 

30. Long service leave .................................................................................................................. 50 

31. Infectious diseases ................................................................................................................. 54 

32. Dangerous medical condition ................................................................................................. 55 








 

Victoria Legal Aid – Enterprise Agreement 2020–24 

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33. Leave without pay ................................................................................................................... 55 

34. Cultural and ceremonial leave ................................................................................................. 55 

35. Parental leave ......................................................................................................................... 56 

36. Gender transition leave ........................................................................................................... 72 

37. Leave to participate in the First Peoples’ Assembly of Victoria .............................................. 73 

38. Blood donation leave ............................................................................................................... 73 

39. Eligible community service leave ............................................................................................ 74 

40. Workplace training leave ......................................................................................................... 75 

41. Family violence leave .............................................................................................................. 76 

42. Alcohol, drug or problem gambling addiction leave ................................................................ 78 

43. Public holidays ........................................................................................................................ 79 

Part 7 – Health, safety and wellbeing, and union related matters .................................................. 79 

44. Section 1 – Union related matters ........................................................................................... 79 

45. Section 2 – Health, safety and wellbeing ................................................................................ 80 

46. Rehabilitation and return to work ............................................................................................ 81 

47. Critical incident response ........................................................................................................ 82 

48. Designated work groups.......................................................................................................... 83 

  








 

Victoria Legal Aid – Enterprise Agreement 2020–24 

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Part 1 – Application and operation 
Preamble 
Victoria Legal Aid’s (VLA’s) vision is to promote a fair and just society where rights and 
responsibilities are upheld.  

Our purpose is to make a difference in the lives of our clients by: 

• resolving and preventing legal problems; and 

• encouraging a fair and transparent justice system. 

The vision and purpose is supported by our values of fairness, care and courage: 

• fairness is where we stand up for what is fair and aim to be fair when making choices about 
which people we help and how we help them; 

• care embraces care about our clients and looking out for and taking care of each other;  

• courage is where we act with courage backed by evidence about what is best for clients and 
the community and to act with courage to be the best we can be.  

VLA promotes teamwork, open communication, and effective knowledge sharing. VLA is committed 
to lifting its profile in the public arena and to building partnerships with other organisations in the 
justice system. VLA will, as far as practicable, provide a safe and fulfilling workplace for employees. 

VLA’s mandate is to protect legal rights with an emphasis on the marginalised and economically 
disadvantaged. VLA provides high quality and cost-effective legal representation, advice and 
information and adheres to strict public standards of financial accountability and responsibility. 
  








 

Victoria Legal Aid – Enterprise Agreement 2020–24 

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1. Title 
This Agreement is the Victoria Legal Aid Enterprise Agreement 2020–2024.  

2. Commencement and transitional 
2.1. This Agreement will commence to operate seven days after it is approved by the Fair Work 

Commission (the Commission) and will have a nominal expiry date of 1 December 2024. 

2.1.1. Alterations to the conditions of employment provided for in this Agreement will 
apply with effect from the commencement date of the Agreement except where 
otherwise provided. 

2.1.2. This Agreement aims to set out processes for determining, the terms and 
conditions of employment of employees covered by the Agreement for the period 
from the date of commencement of this Agreement until its nominal expiry date. 

2.1.3. This Agreement operates to the exclusion of all previous awards and orders of the 
Commission and its predecessors and replaces all previous agreements in respect 
of the employees. However, any beneficial entitlement accrued by an individual 
under any such previous agreement will not be affected.  

2.2. Renegotiation period 

2.2.1. With the aim of avoiding protracted negotiations for a new Agreement, the CPSU 
and VLA agree to a renegotiation period. The renegotiation period shall be from 1 
June 2024 to 1 November 2024. The aim of the renegotiation period is to permit a 
new Agreement to be reached by the nominal expiry date. 

2.2.2. To meet this objective, the CPSU and VLA agree that: 

a) Each will provide any proposals for change to the Agreement by 1 June 
2024. 

b) They will meet regularly to progress negotiations in good faith. In this 
connection, small working groups may be established to examine particular 
areas of disagreement. 

c) The person/s responsible for negotiating will bring with them the necessary 
authority to finalise an Agreement. 

d) Where agreement is not reached by 1 November 2024, the parties will 
discuss whether they should seek the assistance of a mutually agreed 
conciliator or the Commission. This does not prevent the parties seeking 
assistance, by agreement, on any individual issue which is creating an 
impasse. 

e) Should conciliation be sought, then the parties to the conciliation may agree 
to an extension to the negotiation period. 

f) During this period, the CPSU and VLA will not act in a manner that is 
designed to frustrate good faith bargaining.  

 








 

Victoria Legal Aid – Enterprise Agreement 2020–24 

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3. Definitions and interpretation 
3.1. In this Agreement, unless the contrary intention appears:  

Agreement means Victoria Legal Aid Enterprise Agreement 2020–2024.  

Casual employee means an employee who is engaged to perform work covered by this Agreement 
for the purpose of meeting particular and short-term needs of the employer. Such employment shall 
be by the hour. 

Commission means the Fair Work Commission. 

CPSU means the Community and Public Sector Union. 

Employee means employee of Victoria Legal Aid. 

Employer means Victoria Legal Aid (VLA). 

Fair Work Act means the Fair Work Act 2009 (Cth).  

Gender Equality Commissioner means the Commissioner for Gender Equality in the Public 
Sector. 

Immediate family or household means a spouse or former spouse, de facto partner or former de 
facto partner, child (including an adopted child), parent, grandparent, grandchild or sibling of an 
employee, or a child, parent, grandparent, grandchild or sibling of an employee’s spouse or de facto 
partner.  It includes step-relations (e.g. step-parents and step-children) as well as adoptive relations, 
foster children, and members of the immediate household. Other extended family and kinship 
arrangements will be considered on a case-by-case basis.  

Manager means any person who is responsible for the managing of one or more employees. 

OHS Act means the Occupational Health and Safety Act 2004 (Vic). 

Ordinary pay means the ‘employee’s ordinary weekly or fortnightly pay for hours normally worked 
excluding overtime payments or shift penalties. 

PAA means the Public Administration Act 2004 (Vic).  

Reproductive Treatment Act means Assisted Reproductive Treatment Act 2008 (Vic). 

Shift work – VLA will employ staff who may be rostered to undertake duties outside ordinary hours 
and who will be remunerated according to the shift work provisions in clause 25 of this Agreement. 

VPS means the Victorian Public Service. 

Workplace Injury Act means the Workplace Injury Rehabilitation and Compensation Act 2013 
(Vic). 

Registered Practitioner means one of the following: Aboriginal and Torres Strait Islander health 
practitioner, Chinese medicine practitioner, Chiropractor, Dental care practitioner, Medical 
practitioner, Medical Radiation Practitioner, Nurse practitioner, Midwife, Occupational Therapist, 
Optometrist, Osteopath, Pharmacist, Physiotherapist, Podiatrist, Psychologist or any other 
profession registered under the Health Practitioner Regulation National Law (Victoria) Act 2009. 

In this Agreement, references to all Acts are to include any amendments made to those Acts from 
time to time, or any successor to those Acts.  








 

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4. Coverage 
4.1. This Agreement is made under s172(2) of the Fair Work Act and is binding on: 

a) VLA; 

b) All employees of VLA, excluding executive officers; and 

c) The CPSU, State Public Service Federation (SPSF) Group, Victorian Branch. 

5. Individual flexibility arrangement 
5.1. An employee and the employer may enter into an individual flexibility arrangement pursuant to 

this clause in order to meet the genuine needs of both the employee and the employer. An 
individual flexibility arrangement must be genuinely agreed to by both parties. 

5.2. An individual flexibility arrangement may vary the effect of clause 24 (Ordinary hours of work) 
and clause 25 (Shift work). 

5.3. An employee may nominate a representative to assist in negotiations for an individual 
flexibility arrangement. 

5.4. The employer must ensure that the terms of the individual flexibility arrangement: 

a) are about permitted matters under section 172 of the Fair Work Act;  

b) are not unlawful terms under section 194 of the Fair Work Act; and 

c) result in the employee being better off overall than the employee would be if 
no arrangement were made. 

5.5. The employer must ensure that an individual flexibility arrangement is in writing and signed by 
the employee and the employer. If the employee is under 18 years of age, the arrangement 
must also be signed by a parent or guardian of the employee. 

5.6. The employer must give a copy of the individual flexibility arrangement to the employee within 
14 days after it is agreed to. 

5.7. The employer must ensure that any individual flexibility arrangement sets out: 

a) which terms of this Agreement will be affected or varied by the individual 
flexibility arrangement; 

b) how the individual flexibility arrangement will vary or affect the terms of this 
Agreement; 

c) how the employee will be better off overall in relation to the terms and 
conditions of their employment as a result of the individual flexibility 
arrangement; 

d) the day on which the individual flexibility arrangement commences; and 

e) that the individual flexibility arrangement may be terminated: 

(i) by either the employee or the employer giving a specific period of 
written notice, with the specified period being not more than 28 days; 
or 

(ii) at any time by written agreement between the employee and the 
employer. 








 

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5.8. Right to request flexible working arrangements 

5.8.1. In accordance with section 65 of the Fair Work Act, an employee may request a 
change in their working arrangements on the basis of the following circumstances: 

a) the employee is the parent, or has responsibility for the care of a child who is 
of school age or younger; 

b) the employee is a carer (within the meaning of the Carer Recognition Act 

2010 (Vic)); 

c) the employee has a disability; 

d) the employee is 55 years of age or older; 

e) the employee is experiencing violence from a member of the employee’s 
family; 

f) the employee provides care or support to a member of the employee’s 
immediate family, or a member of the employee’s household, who requires 
care or support because the member is experiencing violence from the 
member’s family. 

Note: examples of changes in working arrangements include changes in hours of work, 
changes in patterns of work and changes in location of work. 

6. Agreed statement on respect at work 
6.1. The employer, the CPSU and staff respect and value the diversity of the workforce by helping 

to prevent and eliminate behaviours that lead to bullying, sexual harassment, or discrimination 
on the basis of race, colour, sex, sexual preference, gender, age, physical or mental disability, 
marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national 
extraction, social origin, or any other attributes protected by antidiscrimination legislation. 

6.2. The employer, the CPSU and staff are committed to working together to reduce bullying, 
sexual harassment, discrimination, and occupational violence, so far as practicable in the 
workplace. The employer will address instances of alleged bullying, discrimination, and sexual 
harassment in accordance with the relevant VLA policy and the misconduct provisions of this 
Agreement.  

Part 2 – Consultation and dispute resolution 
7. Implementation of change 
7.1. Where the employer has developed a proposal for major change likely to have a significant 

effect on employees, such as a restructure of the workplace, the introduction of new 
technology or changes to existing work practices of employees, the employer will advise the 
affected employees and the CPSU or any nominated representatives of the proposed 
changes as soon as practicable after the proposal has been made. 

The employer will advise the affected employees, the CPSU or any nominated 
representatives of the likely effects on the employees’ working conditions and responsibilities. 

The employer will advise of the rationale and intended benefits of any change, including 
improvements to productivity, if applicable.  








 

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7.2. For the purpose of this clause, a major change is likely to have significant effects on 
employees if its results in: 

a) the termination of employment of employees; 

b) major changes to the composition, operation or size of the employer’s work 
force 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 or shift work rosters; 

e) the need to retrain employees; 

f) the need to relocate employees to another workplace; 

g) the restructuring of jobs. 

7.3. The employer will regularly consult with affected employees, the CPSU or any nominated 
representatives and will give prompt consideration to matters raised by the employees, the 
CPSU or any nominated representatives, and where appropriate, provide training for the 
employees to assist them to integrate successfully into the new structure. 

7.4. In accordance with this clause, the affected employees the CPSU or any nominated 
representatives may submit alternative proposals which will meet the indicated rationale and 
benefits of the proposal. Such alternative proposals must be submitted in a timely manner so 
as not to lead to an unreasonable delay in the introduction of any contemplated change. If 
such a proposal is made the employer must give considered reasons to the affected 
employees, the CPSU or any nominated representatives if the employer does not accept its 
proposals. 

7.5. Indicative reasonable time frames are as follows: 

Step in process Number of working days in which to 
perform each step 

Employer advises employees, the CPSU or any 
nominated representatives 

As soon as practicable after the proposal has 
been made 

Response from employees, the CPSU or any 
nominated representative 

5 days following receipt of written advice from 
employer 

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

Further employer response (if relevant) 5 days following meeting 

Alternative proposal from employees, the 
CPSU or any nominated representatives (if 
applicable) 

10 days following receipt of employer response 

Employer response to any alternative proposal 10 days following receipt of alternative proposal 

 

 








 

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7.6. Consultation on changes to rosters or hours of work 

7.6.1. This clause applies if the employer proposes to introduce a change to the regular 
roster or ordinary hours of work of employees. The employer must notify the 
relevant employees of the proposed change. The relevant employees may appoint 
a representative for the purposes of the procedure in this clause if: 

a) a relevant employee or employees appoint a representative for the purposes 
of consultation; and 

b) the employee or employees advise the employer of the identity of the 
representative. 

7.6.2. The employer must recognise the representative. 

7.6.3. As soon as practicable after proposing to introduce the change, the employer must: 

a) discuss with the relevant employees and/or their nominated representative/s 
the introduction of the change, including the nature of the change and the 
likely effects on employees; and 

b) invite the relevant employee/s to give their views about the impact of the 
change (including any impact in relation to their family or caring 
responsibilities). However, the employer is not required to disclose 
confidential or commercially sensitive information to the relevant employees. 

7.6.4. The employer must give prompt and genuine consideration to matters raised about 
the change by the relevant employees. 

7.6.5. The employer must display a roster for shift workers in a convenient area 14 days 
prior to the effective date. 

7.6.6. The employer may change the shift work roster without written notice, if the 
employer is of the reasonable opinion that an emergency exists. 

7.6.7. A shift worker may request the employer approve a change to rostered shift work 
times by giving to the employer 48 hours’ written notice of the proposed change. 

7.7. Any dispute concerning the parties’ obligations under this clause will be dealt with in 
accordance with clause 8 (Resolution of disputes). 

8. Resolution of disputes 
8.1 For the purposes of this clause, a dispute includes a grievance. 

8.2 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 Fair Work Act, other than 
termination of employment, must be dealt with in accordance with this clause. For the 
avoidance of doubt, a dispute about termination of employment cannot be dealt with under 
this clause. 

8.3 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. 

8.4 The CPSU 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.  








 

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8.5 A person covered by this Agreement may choose to be represented at any stage by the 
CPSU or any nominated representative. 

8.6 Obligations 

8.6.1 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 co-
operate to ensure that these processes are carried out expeditiously. 

8.6.2 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. 

8.6.3 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. 

8.7 Agreement and dispute settlement facilitation 

8.7.1 For the purposes of compliance with this Agreement (including compliance with this 
dispute settlement procedure) where the chosen employee representative is 
another employee of the employer, 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; 

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. 

8.7.2 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. 

8.8 Discussion of dispute 

8.8.1 The dispute must first be discussed by the aggrieved employee/s with the 
immediate manager of the employee/s. 

8.8.2 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. 

8.9 Internal process 

8.9.1 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: 

a) is consistent with the rules of natural justice; 








 

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b) provides for mediation or conciliation of the dispute; 

c) provides that the employer will take into consideration any views on who   
should conduct the review; and 

d) is conducted with as little formality as a proper consideration of the dispute 
allows. 

8.9.2 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. 

8.9.3 If the matter is not settled, either party to the dispute may apply to the Commission 
to have the dispute dealt with by conciliation. 

8.10 Disputes of a collective character 

8.10.1 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 Commission. 

8.10.2 No dispute of a collective character may be referred to the Commission directly 
unless there has been a genuine attempt to resolve the dispute at the workplace 
level prior to it being referred to the Commission. 

8.11 Conciliation 

8.11.1 Where a dispute is referred for conciliation, a member of the Commission shall do 
everything that appears to the member to be right and proper to assist the parties 
to the dispute to agree on settlement terms. 

8.11.2 This may include arranging: 

a) conferences of the parties to the dispute presided over by the member; and 

b) for the parties to the dispute to confer among themselves at conferences at 
which the member is not present. 

8.11.3 Conciliation before the Commission shall be regarded as completed when: 

a) the parties to the dispute have reached agreement on the settlement of the 
dispute;  

b) the member of the Commission 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 resolve in a settlement; or 

c) the parties to the dispute have informed the Commission 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. 

8.12 Arbitration 

8.12.1 If the dispute has not been settled when conciliation has been completed, a party to 
the dispute may request that the Commission proceed to determine the dispute by 
arbitration. 








 

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8.12.2 Where a member of the Commission has exercised conciliation powers in relation 
to the dispute, the member shall not exercise, or take part in the exercise of, 
arbitration powers in relation to the dispute if a party to the dispute objects to the 
member doing so. 

8.12.3 Subject to appeals below, the determination of the Commission is binding upon the 
persons covered by this Agreement. 

8.12.4 A determination of a single member of the Commission made pursuant to this 
clause may, with the permission of the Full Bench of the Commission be appealed. 

8.13 General powers and procedures of the Fair Work Commission 

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 
Commission may conduct the matter in accordance with Subdivision B of Division 3 of Part 5-
1 of the Fair Work Act. 

Part 3 – Types of employment, termination of employment and 
related matters 
9. Workforce mobility and flexibility commitment  
9.1. The parties agree to interpret and apply the Agreement consistently with the following 

principles aimed at promoting workforce mobility and flexibility: 

a) The work required of VLA may change over the life of the Agreement, due to 
factors such as new government priorities, changing practices in the justice 
system, population growth, the pace, and scale of technological 
advancement, changing community service delivery expectations and the 
need to respond to public policy problems or crises. 

b) Embracing these changing priorities is essential to providing secure, flexible 
employment at VLA. Within the framework of secure employment (clause 
10.1) and individual flexibility (clause 5), the parties acknowledge the 
importance of ensuring that employees can be responsive to service demand 
changes. 

c) VLA is a professional organisation that offers a career path that can offer 
employment careers beyond a fixed role within a specific business unit. VLA 
employees will be supported and encouraged to gain relevant, diverse, and 
evolving skills and experiences across VLA, appropriate for facilitating 
delivery of government priorities as they change over time. 

d) Nothing in this clause removes the requirement to consult where major 
change is likely to have significant effects on employees as prescribed by 
clause 7.2.   

 

 








 

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9.1.1. The parties agree that the principles set out above will be operationalised over the 
life of the Agreement, through a range of changed workplace practices, modes of 
work and services delivery. These may include: 

a) reduction of operational and mobility barriers between VLA roles and 
business units, including reviewing and updating role statements in the 
context of the above principles; 

b) facilitation of greater mobility, including through the enhancement of 
development opportunities that align with role type, skill development, career 
aspirations and job demand trends; 

c) introducing extended customer service opening hours and services, and 
creating new rosters and positions; and 

d) increasing the use of technology to enable VLA to better respond to the 
increasing digitalisation of the justice system and to better enable employees 
to work flexibly. This may include digital and tech innovations and enhanced 
online ways of working such as remote duty lawyer services, Help Before 
Court and Legal Help WebChat. 

9.1.2. The parties acknowledge that the workforce mobility measures are not intended to 
adversely affect employees’ overall employment security within VLA or otherwise 
disadvantage employees in their employment. In particular: 

a) VLA will not require an employee to physically relocate beyond agreed areas 
without appropriate consultation and supports as provided for in clause 7 
(Implementation of change); 

b) an employee may report to a number of different managers for projects or 
work activities. The line manager may consult with the employee’s different 
project or work activity managers in assessing an employee’s performance. 
The employer will designate a line manager for personal development, 
wellbeing, performance assessment and related support. The designated line 
manager will ensure an employee’s reporting arrangements are clear; 

c) an eligible employee’s participation in workforce mobility and flexibility 
measures will be regarded favourably and not place that employee at a 
disadvantage for the purposes of performance development and 
progression;  

d) VLA will at all times apply the appropriate classification level, and where 
applicable, higher duties allowance, to work performed by an employee;  

e) VLA will comply with its obligations under the Agreement (see clause 5.8 
(Right to request flexible working arrangements)) and section 65 of the Fair 
Work Act regarding flexible work arrangements and will ensure that an 
employee’s need for flexible work arrangements is taken into account in 
implementing deployment measures; 

f) VLA will comply with its obligations under the Agreement and the OHS Act 
when implementing mobility measures; and 








 

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g) mobility measures will not disadvantage an employee in their terms and 
conditions of employment. 

9.1.3. In recognition of the need to work more flexibly and adapt to the post COVID-19 
environment, the parties agree to consult on the introduction of a Flexible workforce 
deployment framework to support these principles during the first six months of this 
Agreement. 

9.2. Mobility and flexibility payment 

9.2.1 Employees will be paid an annual lump sum mobility payment: 

a) in recognition of the parties’ commitment to the mobility principles outlined in 
clause 9 (Workforce mobility and flexibility commitment) of the Agreement; 

b) in recognition of the fact that the work required of a modern VLA is not static 
but always changing; 

c) to acknowledge employees are committed to ensuring they can be 
responsively deployed to support changing government priorities, and 

d) to encourage employees to gain relevant, diverse, and evolving skills and 
experience across VLA to support their capability and career development. 

9.2.2 The mobility and flexibility payment will be made as a once off lump sum payment 
on the dates specified in Table 1 (pro rata for part-time employees). 

9.2.3 To be eligible for payment of this allowance employees must be employed with VLA 
on the date of the scheduled payment of this allowance. Anyone employed after the 
date of the scheduled payment will be deemed ineligible and will not be eligible to 
receive payment of the allowance until the next scheduled payment as outlined in 
Table 1. 

Table 1 – Schedule for payment of mobility and flexibility payment 

Classification 1 December 
2020 

1 July 2021 1 July 2022 1 July 2023 

VLA1–VLA6 
(inclusive) 

$1000 $1020 $1040 $1061 

10. Types of employment 
10.1. Secure employment 

10.1.1. The employer acknowledges the positive impact that secure employment has on 
employees and the provision of quality services to the Victorian community. 

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

10.1.3. Where the CPSU or affected employee/s identify fixed-term or casual employment 
that is considered not to meet the criteria at clauses 10.4 (Fixed term employment) 
or 10.5 (Casual employment), the CPSU or affected employee/s will refer the 








 

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matter to the employer. If the parties cannot resolve the matter, it will be dealt with 
under clause 8 (Resolution of disputes). 

10.2. Full-time employment 

A full-time employee is one who is engaged to work 38 hours per week as their ordinary hours 
of work in accordance with clause 24 (Ordinary hours of work) of this Agreement and is paid 
on a fortnightly basis. 

10.3. Part-time employment 

10.3.1. A part-time employee is an employee engaged in regular and continuing 
employment for less than 38 hours per week and paid on a fortnightly basis. 

10.3.2. A part-time employee will receive all the provisions of this Agreement on a pro rata 
basis in accordance with the number of hours worked, subject to the provisions of 
the higher duties, overtime and travelling time and expenses clauses. No alteration 
to the fixed and constant working hours of a part-time employee will be made 
without consultation with that employee. 

10.3.3. Part-time employment is for not less than three hours daily except by agreement 
between the employee and employer. 

10.4. Fixed term employment 

10.4.1. A fixed term employee is an employee engaged for a specific purpose on a 
maximum term contract on a full or part-time basis. 

10.4.2. Employees employed under this clause will, except where otherwise provided, be 
subject to the provisions of this Agreement. 

10.4.3. The employer will not use fixed term contract positions for the purpose of 
undermining the job security or conditions of full-time or part-time ongoing 
employees. 

10.4.4. In accordance with the principle set out in clause 10.4.3, the use of fixed term 
employment in all areas covered by this Agreement is limited to: 

a) replacement of employees proceeding on approved leave; 

b) meeting fluctuating client and employment needs and unexpected increased 
workloads; 

c) undertaking a specified task, which is funded for a specified period; 

d) filling a vacancy resulting from an employee undertaking a temporary 
assignment or secondment; 

e) temporarily filling a vacancy where, following an appropriate selection 
process, a suitable ongoing employee is not available; or 

f) filling a vacant role while a review of the area is undertaken, provided that 
such appointment does not exceed a period of 12 months. 

10.4.5. In other than exceptional or unforeseen circumstances, fixed term appointments to 
a specific position shall be for a maximum of three years, subject to clause 35 
(Parental leave). 








 

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10.5. Casual employment 

10.5.1. A casual employee will be ready, willing and available to work such hours as are 
required from time to time by the employer. 

10.5.2. A casual employee will receive an additional 25 per cent of the appropriate ordinary 
hourly rate for each hour during which the casual is employed. 

10.5.3. The 25 per cent loading is in lieu of all paid leave and public holidays not worked 
and to compensate for the nature of casual employment. 

10.5.4. The employer will not use casual labour for the purpose of undermining the job 
security of ongoing employees, for the purpose of turning over a series of casual 
workers to fill an ongoing employment vacancy or as a means of avoiding 
obligations under this Agreement. 

10.5.5. In accordance with the principle set out in clause 10.5.4, the employment of 
casuals in all areas covered by this Agreement is limited to meeting short term work 
demands or specialist skill requirements, which are not continuing and would not be 
anticipated to be met by existing employee levels. 

10.5.6. Casual employment will be for not less than three consecutive hours in any day 
worked except: 

a) where the employee works from home by agreement with the employer; or 

b) with the agreement of the employee. 

11. Probation 
11.1 The employer may appoint a new employee on a probationary basis. The period of probation 

will be a reasonable period having regard to the nature of the position but will normally be no 
more than three months. 

11.2 During the probationary period and where appropriate, the relevant manager may counsel the 
employee informally or verbally with respect to any performance issues that may become 
apparent and will provide a written record of such counselling. The employer may extend the 
probationary period by a period of not more than three months to allow the employee to 
address the performance issues. 

11.3 Extension of the probationary period under clause 11.2 of this Agreement must not occur 
without prior written notification being provided to the employee before the end of the initial 
three-month probation period. 

11.4 During the probationary period, or at the end of the probationary period, the employer may 
terminate a probationary employee by giving two weeks’ notice, subject to the employer’s 
right to make a payment in lieu of notice where it deems this appropriate. If the employee has 
committed any act of serious misconduct, the employer may terminate the employee without 
notice. 

11.5 Unless the employment is terminated during or at the end of the probationary period, the 
employer will confirm the employee’s appointment at the end of the period of probation. 
However, if the employee’s conduct or performance during the probationary period is 
unsatisfactory, the employer may terminate the employment by giving two weeks’ notice. 








 

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11.6 A person initially employed on a fixed term basis whose employment becomes permanent 
immediately following the cessation of the fixed term, will have the fixed term employment 
taken into account in the determination of any probationary period. 

12. Termination of employment 
12.1 Notice of termination by employer 

In order to terminate the employment of a full-time or part-time employee the employer will 
give to the employee the period of notice specified in the table below: 

Period of continuous service Period of notice 

1 year or less 2 weeks 

Over 1 year 4 weeks 

12.1.1 In addition to this notice, employees over 45 years of age at the time of the giving 
of the notice with not less than two years continuous service, are entitled to an 
additional week’s notice. 

12.1.2 Payment in lieu of the notice will be made if the appropriate notice period is not 
required to be worked. Employment may be terminated by the employee working 
part of the required period of notice and by the employer making payment for the 
remainder of the period of notice. 

12.1.3 In calculating any payment in lieu of notice, the wages an employee would have 
received in respect of the ordinary time they would have worked during the period 
of notice had their employment not been terminated, will be used. 

12.1.4 The period of notice in this clause shall not apply in the case of dismissal for 
conduct that justifies instant dismissal, including serious and wilful misconduct. 

12.1.5 Notwithstanding the foregoing provisions, trainees who are engaged for a specific 
period of time will, once the traineeship is completed and provided that the trainees’ 
services are retained, have all service including the training period counted in 
determining entitlements. In the event that a trainee is terminated at the end of their 
traineeship and is re-engaged by the same employer within six months of such 
termination, the period of traineeship shall be counted as service in determining 
any future termination. 

12.1.6 The employer must, upon receipt of a request from an employee whose 
employment will cease or has ceased, provide a written statement specifying the 
period of their employment and the classification of or the type of work performed 
by the employee. 

12.1.7 Where the employer terminates an employee’s employment, the employer must, at 
the employee’s request, provide a written statement of the reasons for dismissal. 

 

 

 

 








 

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12.2 Notice of termination by an employee 

Period of continuous service Period of notice 

1 year or less 2 weeks 

Over 1 year 4 weeks 

12.3 Time off during notice period 

Where an employer has given notice of termination to an employee, an employee will be 
allowed up to one day’s time off without loss of pay for the purpose of seeking other 
employment. The time off will be taken at times that are convenient to the employee after 
consultation with the employer. 

13. Employment related legal costs 
13.1. If an employee is required to attend or participate in a proceeding, hearing, examination, 

inquiry or investigative process on matters which arise from the performance of the 
employee’s duties, the employer must meet the employee’s reasonable legal costs relating to 
the employee’s appearance and legal representation in the matter. This includes, but is not 
limited to, a matter before a Royal Commission, Independent Broad-based Anti-Corruption 
Commission, Ombudsman’s or a Coronial inquest. 

13.2. Where legal proceedings are initiated against an employee as a direct consequence of the 
employee legitimately and properly performing their duties, the employer will not 
unreasonably withhold agreement to meet the employee’s reasonable legal costs relating to 
the defence of such proceedings. 

13.3. Where, as a direct consequence of the employee legitimately and properly performing their 
duties, it is necessary to obtain an intervention order or similar remedy against a person, the 
employer will not unreasonably withhold agreement to meet the employee’s reasonable legal 
costs in obtaining the order or other remedy. 

13.4. An employee’s immediate manager must ensure that an application to meet reasonable legal 
costs will be referred to the appropriate person or body to enable the application to be 
decided expeditiously. 

14. Performance development and review 
14.1. The employer’s annual performance cycle, VLA and Me, is 12 months (1 July to 30 June).    

14.2. VLA and Me mandates a series of meetings throughout the year to set objectives and monitor 
progress against objectives. The aim of the program is to provide clarity about work 
expectations, set achievable and realistic targets and support staff in their development.    

14.3. The approach and templates for the online VLA and Me system are accessed via VLA online 
systems.  

14.4. All employees must participate in VLA and Me, including the drafting of objectives and 
participation in review meetings and comply with the stated timelines.   

14.5. All employees should expect informal and formal feedback about their performance 
throughout the performance cycle to supplement VLA and Me discussions.   








 

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14.6. A final review is undertaken at the end of each performance cycle. An assessment is made by 
the manager as to whether the employee has met the work and development objectives as 
stated in the plan. Employees must meet the elements of their individual plan to be eligible for 
progression payment or a top of band payment.  

Final assessments must be concluded and logged in the on-line portal by 1 August each year 
for employees to be eligible for progression payments (clause 18.2 - Progression within a 
classification range—eligibility). 

Employees at the top of their band classification will be eligible for a performance payment in 
accordance with the provisions in sub-clause 18.3 (Top of band performance payment). 

15. Limits of salary on transfer or promotion 
15.1. An employee transferred to any position at the same classification shall be paid salary not 

less than that which such employee was receiving immediately before such transfer, provided 
that the salary payable is within the range for that classification. 

15.2. An employee promoted to position at a higher classification shall be paid a salary not less 
than 5per cent more than such employee was receiving immediately before such promotion. 

15.3. Notwithstanding the provisions of this clause, the employer may determine that an employee 
may commence employment at any level within a classification if suitably qualified and/or 
experienced, or in cases of recruitment difficulty. 

15.4. Progress between classifications will be by way of promotion or reclassification. 

16. Management of unsatisfactory work performance 
16.1. The purpose of this clause is to: 

a) support employees with unsatisfactory work performance to improve their 
performance to the required standard; 

b) ensure that unsatisfactory work performance is addressed expeditiously; 

c) reflect the public sector values of integrity, impartiality, accountability and 
respect, with the aim of ensuring that employees are treated fairly and 
reasonably; and 

d) provide a fair and transparent framework for action to be taken where an 
employee continues to perform below the employer’s expected standard. 

16.2. Application 

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

16.2.2. This clause applies to all employees except casual employees and employees 
subject to a probationary period of employment. 

 

 

 

 








 

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16.3. Referred unsatisfactory work performance matters 

The employer may at any time elect, where there is reasonable cause, to manage the 
employee’s work performance in accordance with clause 17 (Management of misconduct).  
Once an election has been made by the employer under this clause, any matters that have 
arisen under the process in this clause may be considered in the process pursuant to clause 
17. 

16.4. Meaning of unsatisfactory work performance 

An employee’s work performance is unsatisfactory if the employee fails to behave in the ways 
described in the Code of Conduct for Victorian Public Sector employees issued under section 
61 of the Public Administration Act 2004 or perform to the required standards or expectations 
of their role. 

16.5. Procedural fairness to apply 

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

16.5.2. All parties involved in the process will commit to completing it as quickly as 
practicable. 

16.5.3. Before commencing a formal unsatisfactory work performance process, the 
employer must: 

a) tell the employee the purpose of the meeting; 

b) provide the employee with a copy of the formal unsatisfactory work 
performance process to be followed as outlined below (First stage – Formal 
counselling); 

c) provide a reasonable opportunity for the employee to seek advice from the 
CPSU or any nominated representatives before the unsatisfactory work 
performance process commences; and 

d) allow the employee the opportunity to provide details of any mitigating 
circumstances. 

16.5.4. The employer must take into account any reasonable explanation of any failure by 
the employee to participate before making a decision under this clause. 

16.6. Employee representation 

An employee is entitled to be represented by the CPSU or any nominated representative of 
their choice at any stage of the formal review meetings of the unsatisfactory work 
performance management process. 

16.7. Prior to commencing process: 

The employer must: 

a) consider organisational or personal factors that play a role in the employee’s 
unsatisfactory work performance and consider alternatives to the 
unsatisfactory work performance process to address the problem; and 

b) have a reasonable expectation that the employee is capable of meeting the 
required level of performance. Where the employer and employee agree that 








 

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the employee is not capable of meeting the required level of performance the 
employer may transfer the employee to a suitable alternative position where 
reasonably practicable. 

16.8. Commencing the formal unsatisfactory work performance process 

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

a) increased supervision; 

b) changes to the employee’s performance plan; 

c) mentoring; 

d) training and professional development; 

e) increased feedback; 

f) coaching; and 

g) performance improvement plan. 

16.9. First stage – formal counselling 

16.9.1. The first stage of formal management of unsatisfactory work performance is formal 
counselling of the employee. The employer must: 

a) advise the employee of the unsatisfactory work performance and confirm the 
commencement of the formal counselling stage; 

b) outline the standard required of the employee; 

c) provide the employee with an opportunity to respond within a reasonable 
timeframe; and 

d) provide the employee with an opportunity to improve within a reasonable 
timeframe. 

16.9.2. The employee will be advised of the consequences of not improving their 
performance within a reasonable period of time and of engaging in any further 
unsatisfactory work performance. 

16.9.3. A record of the formal counselling session will be placed on the employee’s 
personnel file. The formal counselling record must indicate: 

a) the standard expected of the employee; 

b) where and how the employee is not meeting this standard; and 

c) the consequences if the employee fails to improve their performance, 
including that continued or repeated unsatisfactory work performance may 
result in termination of the employee’s employment. 

 

 

 








 

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16.9.4. If the employer determines that the employee has met the required standard of 
performance during the reasonable timeframe referred to above the employer will 
notify the employee that: 

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

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

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

16.10. Second stage – formal written warning 

16.10.1. The employee will be given a formal written warning by the employer, if: 

a) the employee’s performance has not improved within the reasonable period 
following formal counselling as above; and/or 

b) the employee engages in further unsatisfactory work performance. 

16.10.2. The employer must: 

a) advise the employee of the unsatisfactory work performance; 

b) outline the standard required of the employee;  

c) provide the employee with an opportunity to respond within a reasonable 
timeframe; and 

d) provide the employee with an opportunity to improve within a reasonable 
timeframe. 

16.10.3. The formal written warning must indicate: 

a) the standard expected of the employee; 

b) where and how the employee is not meeting this standard; and 

c) the consequences if the employee fails to improve their performance, 
including that continued or repeated unsatisfactory work performance may 
result in termination of the employee’s employment. 

16.10.4. The written warning will be placed on the employee’s personnel file. 

16.10.5. If the employer determines that the employee has met the required standard of 
performance during the reasonable timeframe referred to above, the employer will 
notify the employee that: 

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

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

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








 

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16.11. Third stage – final warning 

16.11.1. The employee will be given a final written warning by the employer if: 

a) the employee’s performance has not improved within the reasonable time 
period following receipt of a formal written warning as above; and/or 

b) the employee engages in further unsatisfactory work performance. 

16.11.2. The employer must: 

a) advise the employee of the unsatisfactory work performance; 

b) outline the standard required of the employee; 

c) provide the employee with an opportunity to respond within a reasonable 
timeframe; and 

d) provide the employee with an opportunity to improve within a reasonable 
timeframe. 

16.11.3. The final written warning must indicate: 

a) the standard expected of the employee; 

b) where and how the employee is not meeting this standard; and 

c) the consequences if the employee fails to improve their performance, 
including that continued or repeated unsatisfactory work performance may 
result in termination of the employee’s employment. 

16.11.4. The final written warning will be placed on the employee’s personnel file. 

16.11.5. If the employer determines that the employee has met the required standard of 
performance during the reasonable timeframe referred to above, the employer will 
notify the employee that: 

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

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

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

16.12. Determination of unsatisfactory work performance outcome 

16.12.1. In the event that the employee’s performance has not improved within the 
reasonable time period following the process set out above and on receipt by the 
employee of the final written warning as above, the employer will advise the 
employee of the employee’s continued or repeated unsatisfactory work 
performance and provide the employee with a reasonable opportunity to respond. 

16.12.2. After considering the employee’s performance and response (including any failure 
to respond), the employer will determine the unsatisfactory work performance 
outcome that is to apply to the employee. 

 








 

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16.12.3. The possible outcomes are: 

a) assignment of the employee with or without their agreement to a role at a 
classification level lower than the employee’s current classification level; or 

b) termination of the employee’s employment. 

16.12.4. The employer will advise the employee of the unsatisfactory work performance 
outcome in writing and a copy will be placed on the employee’s personnel file. 

16.13. Disputes 

Any dispute arising under this clause may only be dealt with in accordance with clause 8 
(Resolution of disputes) when any of the following are placed on the employee’s personnel file 
in accordance with this clause (this may include whether procedural fairness has been 
complied with in the employer coming to a decision): 

a) a record of formal counselling; 

b) a formal written warning; 

c) a final written warning; 

d) a notification given to the employee pursuant to the effect that the employee 
had met the required standard; or 

e) a record of unsatisfactory work performance outcome. 

17. Management of misconduct 
17.1. The purpose of this clause is to: 

a) establish procedures for managing misconduct or alleged misconduct of an 
employee; 

b) provide for employee alleged misconduct to be investigated and addressed 
expeditiously and with minimal disruption to the workplace; 

c) reflect the public sector values of integrity, impartiality, accountability and 
respect with the aim of ensuring that employees are treated fairly and 
reasonably; and 

d) manage the employee’s performance in accordance with this clause (instead 
of clause 16 (Management of unsatisfactory work performance)) where the 
employer determines that it would be more appropriate. 

17.2. Application 

17.2.1. Subject to applicable Victorian and federal legislation, action taken by the employer 
in relation to misconduct will be consistent with this clause. 

17.2.2. This clause applies to all employees except casual employees and employees 
subject to a probationary period of employment. 

 

 

 








 

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17.3. Meaning of misconduct 

For the purposes of this clause, misconduct includes: 

a) a contravention of a provision of the PAA, the regulations to that Act, a 
binding code of conduct or a provision of any statute or regulation that 
applies to the employee in the employee’s employment; 

b) improper conduct in an official capacity; 

c) a contravention, without reasonable excuse, of a lawful direction given to the 
employee, as an employee, by a person authorised to give that direction;  

d) an employee making improper use of their position for personal gain; or 

e) an employee making improper use of information acquired by virtue of their 
position to gain personally, or for anyone else, financial, or other benefits or 
to cause detriment to the employer or the public sector. 

17.4. Referred matters under clause 16, Management of unsatisfactory work performance 

Any matters that have arisen under the management of unsatisfactory work performance 
process in clause 16 may be considered in the misconduct process pursuant to this clause. 

17.5. Employee representation 

An employee is entitled to be represented by the CPSU or any nominated representative at 
any stage of the misconduct process. 

17.6. Procedural fairness to apply 

17.6.1. The process for managing employee misconduct will be consistent with the 
principles of procedural fairness. 

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

17.6.3. The employer will: 

a) advise the employee the purpose of any meeting; 

b) provide the employee with a copy of the formal process to be followed; 

c) provide a reasonable opportunity for the employee to seek advice from the 
CPSU or representatives of their choice at any stage of the misconduct 
process; and 

d) allow the employee the opportunity to provide details of any mitigating 
circumstances. 

17.6.4. The employer must take into account any reasonable explanation of any failure by 
the employee to participate before making a decision under this clause. 

 

 

 

 








 

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17.7. Directions 

17.7.1. Where employee misconduct is alleged, the employer may do any of the following: 

a) make an initial assessment of the alleged misconduct before commencing 
the formal process to determine if an investigation is required in accordance 
with clause 17.8 (Investigation of alleged misconduct);  

b) determine that it is appropriate to immediately commence an investigation of 
the alleged misconduct in accordance with this clause; 

c) direct the employee to proceed immediately to perform alternative duties or 
work at an alternative place of work; 

d) direct the employee not to speak to other employees of the employer about 
the matter or not to visit certain places of work; and/or 

e) suspend the employee with pay. 

17.7.2. In the event that the employer suspends the employee with pay under clause 
17.7.1(e), the employer will: 

a) review this decision no later than a date which is four weeks after the 
commencement of the suspension; and 

b) confirm whether the suspension is to continue or is no longer necessary. 

The employer will continue to review any decision regarding an employee’s 
suspension every four weeks thereafter, until the end of the misconduct process in 
accordance with this clause. 

17.7.3. Advising the employee 

a) As soon as practicable after an allegation of misconduct has been made and 
the employer has determined in accordance with clause 17.7.1(a) or clause 
17.7.1(b) that an investigation is required, the employer will advise the 
employee of the alleged misconduct in writing. 

b) The written advice will contain the allegation/s of misconduct made about the 
employee. Relevant information will only be withheld where it is necessary to 
withhold that information in order to protect the personal privacy of any other 
person consistent with federal or state legislation. 

17.7.4. Admissions by employee 

The employee may at any stage elect to admit the alleged misconduct. If the 
employee admits the alleged misconduct, the employer may; 

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

b) proceed immediately to the determination of the misconduct in accordance 
with clause 17.10 (Determination of discipline outcome) by advising the 
employee of the proposed discipline outcome and giving the employee a 
reasonable opportunity to respond to the findings in accordance with clause 
17.9 (Opportunity for response by employee). 

 








 

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17.8. Investigation of alleged misconduct 

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

17.8.2. The employer will provide the employee with an opportunity to speak to the 
investigator if the employee wishes to do so. 

17.8.3. The investigation may include: 

a) collecting any relevant materials; 

b) speaking with the employee; 

c) speaking with any relevant witnesses; 

d) providing the employee with specific particulars to allow the employee to 
properly respond to the alleged misconduct; 

e) seeking an explanation from the employee; and 

f) investigating any explanation made by the employee for the purposes of 
verifying the explanation so far as possible. 

17.8.4. In relation to each allegation of misconduct, the investigator will make findings as to 
whether: 

a) the allegation is substantiated; or 

b) the allegation is not substantiated. 

17.8.5. Where the investigator makes a finding that an allegation is not substantiated, 
which is accepted by the employer, the misconduct process will conclude in relation 
to any such allegation and the employee will be informed accordingly. 

17.8.6. Where the investigator makes a finding that the allegation is substantiated, the 
employer will consider this information and propose a discipline outcome. 

17.9. Opportunity for response by employee 

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

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

 

 

 

 








 

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17.10. Determination of discipline outcome 

17.10.1. The employer will consider: 

a) the findings of the investigator; 

b) the recommendations as to the appropriate disciplinary outcome; 

c) any response of the employee (including any admission of misconduct under 
clause 17.7.4 (Admissions by employee)); and 

d) any prior disciplinary outcomes 

and then determine the discipline outcome that is to apply to the employee. The 
discipline outcome must not be disproportionate to the seriousness of the matter. 

17.10.2. The possible discipline outcomes are: 

a) no action; 

b) performance management; 

c) formal counselling; 

d) formal warning; 

e) final warning; 

f) assignment of the employee with or without their agreement to a role at a 
classification level or value range lower than the employee’s current 
classification level; 

(i) where no suitable positions are available at the employee’s existing 
work location the disciplinary outcome may also include a transfer of 
the employee to a different work location; 

(ii) where the disciplinary outcome includes a transfer of the employee to 
a different work location at the employee’s current classification level, 
this will not preclude the employee being entitled to payment of any 
applicable relocation allowance;  

g) transfer of the employee with or without their agreement to a different work 
location at the employee’s current classification level (which will not preclude 
the employee being entitled to payment of any applicable relocation 
allowance); or 

h) termination of employment. 

17.10.3. In order to avoid a more severe discipline outcome being applied to an employee, 
the employer may apply the discipline outcomes listed in clause 17.10.2(b) to 
17.10.2(g) together to form a single disciplinary outcome. 

17.10.4. The employer will advise the employee of the discipline outcome in writing and a 
copy will be placed on the employee’s personnel file. 

 

 

 








 

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17.11. Informing employee who raised allegation of misconduct 

If a process was conducted in accordance with this clause because of an allegation of 
misconduct by another employee, the employer must advise that employee that the allegation 
has been dealt with in accordance with this clause and may provide the employee with other 
information as is reasonably practicable. 

17.12. Disputes 

Any dispute arising under this clause may only be dealt with in accordance with clause 8 
(Resolution of disputes) when any of the following are placed on the employee’s personnel file 
in accordance with this clause (this may include whether clause 17.6 (Procedural fairness) 
has been complied with in the employer coming to a decision): 

a) a record of formal counselling; 

b) a formal written warning; 

c) a final written warning; or 

d) a record of discipline outcome. 

17.13. Potential criminal conduct 

Where alleged misconduct that is the subject of a process in accordance with clause 17 
(Management of misconduct) is also the subject of a criminal investigation or criminal 
proceedings, the employer is not required to delay or cease the management of misconduct 
process under clause 17 (Management of misconduct) but the employer may exercise its 
discretion to do so. 

Part 4 – Wages and related matters 
18. Salary rates 
18.1. Employees employed by the employer at or after the date of commencement of this 

Agreement will receive the following salary increases within the salary bands set out at 
Schedule 1. 

Date of effect Percentage increase 

1/12/2020 1.00% 

29/04/2021 1.00% 

29/10/2021 1.00% 

29/04/2022 1.00% 

29/10/2022 1.00% 

29/04/2023 1.00% 

29/10/2023 1.00% 

29/04/2024 1.00% 

 








 

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18.2. Progression within a classification range – eligibility 

18.2.1. Progression within a classification range will be through performance pay. 

18.2.2. Employees eligible for progression and performing to requirements as set out in the 
employees 'VLA and Me’ receive an annual increase in salary through progression 
pay, except those employees at the top of the salary band for their classification, as 
outlined in clause 18.3 of this Agreement. 

18.2.3. An employee will be eligible to access progression if they are rated as having met 
VLA and Me objectives and have been in their role for six months or more, except 
in the following circumstances: 

a) has completed a formal underperformance process or is subject to one as at 
30 June, or 

b) is subject to proven misconduct during the course of the performance cycle. 

18.2.4. An eligible employee, as defined in clause 18.2.3 of this Agreement, and who is 
absent for reasons of parental leave, will be eligible for progression pay for the first 
12 months of the period of parental leave.  

18.2.5. Performance pay for employees who are currently acting in a higher duties 
arrangement for a period less than six months will receive progression pay based 
on salary at their substantive level, as outlined in clause 20.2.5 of this Agreement.  

18.2.6. Managers must inform People and Culture (P&C) of any employees receiving 
formal performance counselling for underperformance by 30 June each year and 
these staff will not receive progression pay. 

18.2.7. Performance pay will be calculated for each classification level at two per cent per 
annum.  

18.3. Top of band performance payment 

An employee at the top of their band of classification is eligible to receive a top of band 
payment where the employee is assessed at their annual performance review as meeting the 
‘criteria for progression’. 

The top of band performance payment will be equal to one per cent of the employee’s salary 
as at 30 June of the relevant performance cycle. 

18.4. Progression between classifications – job evaluation 

Classification decisions shall be based upon a documented position description and 
classifications will be determined using the following methods where possible: 

a) an agreed job evaluation methodology, including: 

b) comparison of the position description with the position description(s) of 
positions which are comparable or which the position reports to or manages. 

 

 

 

 








 

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18.5. Classification/reclassification process 

18.5.1. Any position description that has changed significantly requires evaluation using 
one of the methods outlined in 18.4.1. 

18.5.2. Position descriptions must accurately reflect the accountabilities and requirements 
of the position. 

18.5.3. Approved position descriptions must be lodged with the evaluation panel co-
ordinator. 

18.5.4. If a job evaluation methodology is required, a panel will be created with staff 
members trained in evaluation and reclassification. Two panel members (one P&C 
staff member and one staff member) will conduct the evaluation using a job 
evaluation methodology.  

18.5.5. Evaluation takes up to three weeks. The relevant director is advised of the 
outcome. 

18.5.6. Employees can seek to have their position reclassified to a higher classification 
where duties, accountabilities and requirements of their position accord with a 
higher classification. Such requests must be made in writing and be supported by 
the employee’s manager. As part of this process, the position description will be 
revised and updated to reflect the higher responsibilities of the new role. 

18.6. Position description 

The employer will provide all employees with a position description for the position held, which 
shall contain information relevant to the duties and responsibilities of that position. 

18.7. Remuneration salary packaging 

Employees may access salary packaging benefits in line with the employer’s policy. The 
employer’s policy will comply with statutory changes to Fringe Benefits Tax and will allow 
salary packaging to the limit prescribed in legislation. 

19. Gender equality 
19.1. Gender pay equity principles  

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

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

b) freedom from bias and discrimination: employment and pay practices are 
free from the effects of unconscious bias and assumptions based on gender; 

c) transparency and accessibility: employment and pay practices, pay rates and 
systems are transparent. Information is readily accessible and 
understandable; 

d) relationship between paid and unpaid work: employment and pay practices 
recognise and account for different patterns of labour force participation by 
workers who undertake unpaid and/or caring work; 








 

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e) sustainability: Interventions and solutions are collectively developed and 
agreed, sustainable and enduring; and 

f) participation and engagement: workers, unions and employers work 
collaboratively to achieve mutually agreed outcomes. 

19.2. Meaning of ‘Pay’ 

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

19.3. Commitment to collaborative approach to achieving gender pay equity 

The employer will work collaboratively with employees and the CPSU to identify, support and 
implement strategies designed to eradicate the gender pay gap, gender inequality and 
discrimination across the workplace. 

19.4. Claims relating to systemic gender equality issues 

19.4.1. A systemic gender equality issue means an issue of a systemic nature within VLA, 
which adversely affects a class or group of employees of the employer relating to: 

a) the gender composition of any or all workforce levels of the employer;  

b) the gender composition of governing bodies; 

c) equal remuneration for work of equal or comparable value across any or all 
workforce levels of the employer, irrespective of gender; 

d) sexual harassment in the workplace; 

e) recruitment and promotion practices in the workplace;  

f) availability and use 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.  

19.4.2. The CPSU 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.  

19.4.3. A claim or claims under this clause must be made in writing to the employer. 

19.4.4. 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.   

19.4.5. The employer must meet and discuss the claim with the claimant prior to 
responding to the claim. 

19.4.6. The employer must respond to the claim in writing to the claimant, within a 
reasonable time, including enough details in the response to allow the claimant to 
understand the employer’s response to each element of the claim, including 
reasons why the claim is accepted or rejected.   








 

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19.4.7. 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 to deal with.  

19.4.8. In dealing with a claim, the Gender Equality Commissioner:  

a) must consider the gender pay equity principles; 

b) must be objective and free from assumptions based on gender; 

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; 

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; 

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

f) must deal with the claim in a manner that is independent of the employer or 
the claimant; 

g) must consider evidence that the claim may not be isolated to the employer 
subject to the claim but may affect employees from multiple VPS employers 
or other public sector employers not covered by this agreement;  

h) may jointly deal with a claim and any other dispute which has been referred 
to the Gender Equality Commissioner, which relates to the same or similar 
systemic gender equality issues; 

i) must consider the views of the claimant prior to jointly dealing with multiple 
claims or disputes; and 

j) may otherwise deal with the claim in any way the Gender Equality 
Commissioner considers appropriate, consistent with the requirements of the 
Gender Equality Act 2020 (Vic). This can include mediation, conciliation, 
making recommendations or offering opinions.  

19.4.9. If a claim is unable to be resolved by the Gender Equality Commissioner, either the 
claimant or the employer may refer the claim to the Gender Equality Commissioner 
as a dispute of a collective character for resolution pursuant to clause 8.10 
(Disputes of a collective character) or 8.11 (Conciliation).  

19.4.10. 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.  

19.4.11. A claimant may choose to be represented at any stage by a representative, 
including a CPSU representative or employer’s organisation.  

19.4.12. 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.  








 

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19.4.13. While a claim is being dealt with in accordance with this clause, work must continue 
in accordance with usual practice, provided that this does not apply to an employee 
who has a reasonable concern about an imminent risk to their health or safety, has 
advised the employer of this concern and has not unreasonably failed to comply 
with a direction by the employer to perform other available work that is safe and 
appropriate for the employee to perform. No party will be prejudiced as to the final 
settlement of the claim by the continuance of work in accordance with this clause.  

19.5. Gender equality action plans 

The employer will consult with the CPSU in the preparation of Gender equality action plans 
under the Gender Equality Act 2020 (VIC). 

20. Allowances 
20.1. First aid allowance 

Where an employee, in addition to their normal duties, agrees to be appointed by the 
employer to perform first aid duties:  

a) the employee must hold a first aid certificate issued by the St John 
Ambulance Australia or an equivalent qualification; 

b) the employee will be paid an annual allowance payable in fortnightly 
instalments; and  

c) the allowance will be as follows: 

Effective date Amount per annum 

1 December 2020 $647 

1 December 2021 $660 

1 December 2022 $673 

1 December 2023 $686 

d) The employer must reimburse any additional costs incurred by the employee 
in obtaining and maintaining the first aid qualification.  

20.2. Higher duties allowance 

20.2.1. An allowance will be paid where an employee is required to undertake all or part of 
the duties of a higher classified position for a period of at least five consecutive 
working days. 

20.2.2. The level of allowance will be in proportion to the extent of the higher duties 
performed, and will be: 

a) calculated on the base salary of the higher classified position; or 

b) in instances where the base of the higher classified position is less than a 
five per cent salary increase, a five per cent increase will be applied. 

 








 

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20.2.3. The manager must decide to what extent the employee is expected to fulfil the full 
range of responsibilities and duties, on either a 100 per cent, 75 per cent, 50 per 
cent or 25 per cent basis. Where a manager determines that less than 100 per cent 
of higher duties are to be performed, a reason must be provided to People & 
Culture and to the employee. 

20.2.4. Paid leave taken during a higher duties assignment will be paid inclusive of the 
allowance, provided the employee resumes the duties of the higher duties position 
on return from leave. 

20.2.5. Where the employee has been acting in a position for more than six months, 
performance pay will be allocated on the basis of performance in the higher 
position. Performance pay is applied to the employee’s ongoing salary at their 
substantive level. If the differential between the new substantive salary and the 
base salary of the higher classification level is reduced to less than five per cent, 
the higher duties allowance will be adjusted to maintain the five per cent minimum. 

20.2.6. All higher duties assignments longer than six months must be filled through a 
competitive selection process unless exceptional circumstances apply. 

20.2.7. Where an employee is temporarily assigned duties in the same band, but which 
comprise a significant supervision component, a same level ‘higher duties’ 
allowance of up to ten per cent of salary may be paid at the manager’s discretion. 

20.3. Language allowance 

Where the employee, in addition to their normal duties, agrees to use their skills in a second 
language to assist members of the public who have low English proficiency: 

a) the employee must hold a current accreditation from the National 
Accreditation Authority for Translators and Interpreters (NAATI); and 

b) the employee will be paid an annual allowance payable in fortnightly 
instalments according to the government rate, as follows: 

Date of effect 1 
December 
2020 

29 
April 
2021 

29 
October 
2021 

29 
April 
2022 

29 
October 
2022 

29 
April 
2023 

29 
October 
2023 

29 
April 
2024 

Language aide 
accreditation 

$1109 $1120 $1131 $1143 $1154 $1166 $1177 $1189 

Paraprofessional 
interpreter 
accreditation 

$1526 $1541 $1557 $1572 $1588 $1604 $1620 $1636 

Interpreter 
accreditation or 
higher 

$2081 $2101 $2122 $2144 $2165 $2187 $2209 $2231 

c) The employer will pay the cost of the NAATI pre-testing workshop and test 
up to two times per year. 

d) The employee must apply annually for renewal of the allowance. 








 

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e) The employer will assess the employee’s renewal application to determine 
whether the employer still requires the employee to perform interpreting 
duties. 

20.4. Private mobile and home phone use 

An employee required to use their private mobile phone or home phone will be reimbursed for 
work related calls. The employee must submit an itemised statement of the calls made and 
their cost. 

20.5. Travelling and expenses allowances 

Receipts for meal related expenditure must be collected and presented to Finance for 
reimbursement via Electronic Funds Transfer. 

20.6. Reimbursement for motor vehicle expenses. 

If an employee has received prior approval to use their private motor vehicle, the employer 
will reimburse their kilometre costs and any other reasonable motor vehicle reimbursement 
expenses based on the rates determined by the Australian Tax Office. Reimbursement is 
subject to completion of the appropriate mileage reimbursement form. 

21. Accident pay 
21.1. In the case of a WorkCover claim, the employer will pay the difference between compensation 

benefits under the Workplace Injury Act and the employee’s salary for a period of up to 52 
weeks, or an aggregate period of 261 working days (working days means day or days when 
the employee would normally be required to work and includes public holidays), or an 
aggregate of 1984 hours, unless employment ceases. 

21.2. The employee may utilise accrued leave credits for absences during and beyond the period 
for which compensation is made. Leave without pay may be granted where entitlements to 
paid leave have ceased. 

21.3. Payments under this clause will cease on, whichever comes first: 

a) the date on which the employee is fit to resume full duties; 

b) the date on which the employee receives a disability benefit from a 
superannuation scheme; or 

c) the date on which a lump sum redemption is received. 

21.4. The employee granted leave without pay under this clause does not accrue any right, benefit 
or entitlement under this agreement and must not be granted sick leave so long as they 
receive weekly compensation. 

21.5. The employee is obliged to: 

a) immediately notify the employer in writing of any claim for civil damages; and 

b) refund the make-up pay received if a settlement is received in a civil claim 
that specifically compensates the employee for make-up payments. 

 








 

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22. Payment of salaries 
22.1. Salaries, allowances, penalty or overtime payments due to an employee must be paid by the 

employer by fortnightly electronic direct credit to a bank account, credit union or building 
society account nominated by the employee. In exceptional circumstances, including 
significant delays in payment of salary, the employer will make provision for off-line payments. 

22.1.1. Where a normal payday falls on a public holiday, the direct credit to the employee’s 
nominated account must be made no later than the last working day prior to the 
public holiday.  

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

22.1.3. By agreement with the employer, the employee may authorise deductions from 
salary for forwarding to superannuation funds.  

22.2. In the event of an overpayment of salary, allowance, loading or other payment, the employer 
must advise the employee. Similarly, the employee must advise the employer if they know 
there has been an overpayment. Where agreement cannot be reached on a repayment 
arrangement, the employer may recover the overpayment by instalments to be paid in 
accordance with the Financial Management Act 1994 (Vic).  

23. Superannuation legislation  
23.1. Superannuation legislation, including the Superannuation Guarantee (Administration) Act 

1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation 

Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 

1993 (Cth), deals with the superannuation rights and obligations of employers and 
employees. Under superannuation legislation individual employees generally have the 
opportunity to choose their own superannuation fund. If an employee does not choose a 
superannuation fund, any superannuation fund nominated in the Agreement covering the 
employee applies.  

23.2. The rights and obligations in these clauses supplement those in superannuation legislation.  

23.3. Employer contributions  

The employer must make such superannuation contributions to a superannuation fund for the 
benefit of an employee, regardless of age, as will avoid the employer being required to pay 
the superannuation guarantee charge under superannuation legislation with respect to that 
employee.  

23.4. Voluntary employee contributions  

23.4.1. Subject to the governing rules of the relevant superannuation fund, an employee 
may, in writing, authorise their employer to pay on behalf of the employee a 
specified amount from the post-taxation wages of the employee into the same 
superannuation fund as the employer makes the superannuation contributions 
provided for in clause 23.3 (Employer contributions). 

23.4.2. An employee may adjust the amount the employee has authorised their employer 
to pay from the wages of the employee from the first of the month following the 
giving of three months’ written notice to their employer.  








 

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23.4.3. The employer must pay the amount authorised under clauses 23.4.1 or 23.4.2 no 
later than 28 days after the end of the month in which the deduction authorised 
under 23.1 or 23.4.2 was made.  

23.5. Superannuation fund  

Unless, to comply with superannuation legislation, the employer is required to make the 
superannuation contributions provided for in clause 23.3 (Employer contributions) to another 
superannuation fund that is chosen by the employee, the employer must make the 
superannuation contributions provided for in clause 23.3 (Employer contributions) and pay the 
amount authorised under clauses 23.4.1 or 23.4.2 to one of the following superannuation 
funds:  

a) the employer’s default superannuation fund;  

b) any superannuation fund to which the employer was making superannuation 
contributions for the benefit of its employees before 12 September 2008, 
provided the superannuation fund is an eligible choice fund and is a fund that 
offers a MySuper product or is an exempt public sector superannuation 
scheme; or  

c) a superannuation fund or scheme which the employee is a defined benefit 
member of.  

23.6. Employer contributions in respect of Primary caregiver parental leave  

23.6.1. An employee is entitled to have superannuation contributions made in respect of 
the period of the employee’s primary caregiver parental leave, which occurs on or 
after 1 December 2020.  

23.6.2. The employer will pay the superannuation contributions as a lump sum to the 
employee’s fund as provided for in clause 23.5 (Superannuation fund). 

23.6.3. The lump sum payment will be made on or before the first superannuation 
guarantee quarterly payment due date following the employee’s return to work at 
the conclusion of their primary caregiver parental leave.  

23.6.4. The quantum of superannuation contributions payable under this clause will be 
calculated based on:  

a) the number of weeks of primary caregiver parental leave taken by the 
employee, capped at 52 weeks; 

b) the employee’s weekly pay calculated in accordance with clause 35.25 of 
this Agreement; and  

c) the applicable contribution rate under the Superannuation Guarantee 

(Administration) Act 1992 (Cth) at the time the payment is made. 

 








 

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Part 5 – Hours of work and related matters 
24. Ordinary hours of work 
24.1. The ordinary hours of work for each employee, except for casual and part-time employees, 

will average 76 (exclusive of meal breaks), to be worked over an average of no more than ten 
days per fortnight, Monday to Friday between the spread of hours of 7 am and 7 pm. The 
business hours are 8.45 am to 5.15 pm. 

24.1.1. This clause does not apply to shift workers whose ordinary hours of work are set 
out in clause 25 (Shift work). 

24.1.2. Spread of hours 

24.1.3. The actual days and hours of work will be agreed between the employer and 
employee. Either party may seek to alter the days or hours of duty. Agreement to 
such alteration shall not be unreasonably withheld, taking into account the 
personal/family circumstances of the employee and the work requirements of the 
employer. In the absence of an agreement, the aggrieved party may utilise the 
disputes and grievance procedure in clause 8 (Resolution of disputes). 

24.2. Flexitime 

24.2.1. All employees have the option of participating in VLA’s Flexitime scheme subject to 
individual agreement with their manager, and operational requirements. 

24.2.2. Part-time staff have access to flexible work arrangements, including flexitime, 
through individual agreement with their manager and subject to operational 
requirements. 

24.3. Excessive flexitime 

24.3.1. Up to five days accrued excessive flexitime may be used during the period 1 
December to 31 January, in addition to the ordinary entitlements to flexitime. Staff 
will be directed, by their manager, to use any remaining or unused excess flexitime 
during the period 1 February to 31 March of each year. 

24.3.2. Any remaining excessive flexitime will be deleted in April. 

24.4. Recording of hours 

VLA5 and VLA6 staff will not be required to record their hours of work but can work flexible 
hours and take flexi days off subject to agreement with their manager and operational 
requirements. 

24.5. Meal breaks 

24.5.1. The employer will grant meal breaks between 12 pm and 2 pm at times suitable to 
operational requirements, taking into account the wishes of the employee. The 
number and starting and finishing times of meal breaks will be specified. 

24.5.2. Except where otherwise permitted by this clause, the employee will not be required 
to work for more than five hours without an unpaid meal break unless the employee 
and the employer otherwise agree. The length of the meal interval must be at least 
thirty minutes. Where work on any day continues for more than two hours beyond 








 

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the period of normal working hours, a second meal break will be taken of no less 
than 20 minutes. 

24.5.3. If for operational or emergency reasons the employee is required to remain on duty, 
they may arrange to take meals during their hours of duty without a specific meal 
break. 

24.5.4. Where agreement cannot be reached as specified in clause 24.5.2 and the 
employee is required by their manager to work through their meal break in 
accordance with clause 24.5.3, time in lieu or payment for overtime will be 
approved in accordance with this Agreement. 

24.5.5. If for operational reasons it is impractical for all employees within a work group to 
observe the same time for the taking of a meal break, meal breaks may be 
staggered. 

25. Shift work 
25.1. What is shift work? 

25.1.1. Shift work is when an employee is required to perform rostered ordinary hours of 
work averaging 76 hours per fortnight over a roster cycle which must include: 

a) a Saturday; 

b) a Sunday;  

c) a Public Holiday; or 

d) an evening shift. 

25.2. A part-time employee may be rostered to perform shift work where the employee’s part-time 
work arrangements is the equivalent of a full-time shift. The employee will be remunerated 
according to the relevant shift allowance outlined in clause 25.2. 

25.3. Shift work allowances 

An employee rostered to work in accordance with a shift roster will be paid the following 
loadings in addition to their ordinary rate of pay: 

Shift Period Loading Total payment rate 

Monday to Friday – 
evening shift 

Finishing after 6.30 
pm 

15% 115% 

Saturday All hours on Saturday 50% 150% 

Sunday All hours on Sunday 100% 200% 

Public holiday All hours on a public 
holiday 

150% 250% 

25.4. Rostered weekend work for Weekend Remand Court and the Bail and Remand Court will be 
considered as part of the standard shift roster arrangement and remunerated according to the 
relevant shift allowances outlined in clause 25.2.  

 








 

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25.5. Other than in exceptional circumstances, an employee must not be required to perform:  

a) a further period of overtime duty;  

b) a period of ordinary duty;  

c) a further period of scheduled stand-by duty, if 

(i) either the employee has not been provided with a 10 hour rest period 
between the time of completion of one period of duty and the 
commencement of the next; or  

(ii) the employee has not been provided with a 10 hour rest period within 
the preceding 24 hours from the time of the commencement of the 
stand-by duty.  

25.6. Bail and Remand Court shift provisions 

25.6.1. The following provisions relate to employees who prior to the commencement of 
the Agreement were covered by the Victoria Legal Aid Enterprise Agreement 2016-
2020 and required to perform under a shift work arrangement to service the Bail 
and Remand Court.  

25.6.2. Employees who prior to the Agreement were covered by the Victoria Legal Aid 
Enterprise Agreement 2016-2020 and were required to perform under a shift work 
arrangement as outlined in clause 25.5.1 of this Agreement will continue to receive 
shift duty payments in accordance with the following arrangements for work 
performed on a Saturday: 

Shift Period Loading Total payment rate 

Saturday All hours on Saturday 100% 200% 

26. Overtime and penalty rates 
26.1. Overtime 

26.1.1. The employer may require an employee to work reasonable overtime. Overtime 
means any hours an employer requires an employee to work that are additional to 
the employee’s ordinary hours of work. 

26.1.2. Where an employee is required to work outside ordinary hours of duty, they will be 
entitled to receive a payment (or time off). Overtime applies only when the manager 
states that they require additional hours to be worked. 

26.1.3. A part-time employee will be entitled to payment of overtime, or equivalent time-off, 
in accordance with clauses 26.1.5 and 26.1.6, where hours worked exceed 7.6 
hours on any day, Monday to Friday or outside the ordinary spread of hours stated 
in clause 24.1. In all other instances, extra work performed in excess of the fixed 
number of working hours of a part-time employee in a fortnightly pay period, will be 
at the ordinary hourly rate. 

26.1.4. The manager’s authorisation for overtime payment or overtime leave must be given 
(on the appropriate form). 








 

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26.1.5. When overtime is required by a manager it may be paid or, on the request of the 
employee, taken as overtime leave. 

26.1.6. Where overtime is offered on a voluntary basis, the manager may determine 
whether the offer is for paid overtime or overtime leave. An employee classified at 
VLA5 or VLA6 is not eligible for overtime pay but may take overtime leave in 
accordance with clause 26.8 (Overtime leave). 

26.1.7. An employee may refuse to work overtime in circumstances where the working of 
such overtime would result in the employee working hours which are unreasonable 
having regard to: 

a) any risk to the employee’s health and safety; 

b) the employee’s personal circumstances, including family responsibilities; 

c) the needs of the workplace 

d) the notice (if any) given by the employer of overtime and by the employee of 
their intention to refuse it; and 

e) any other relevant matter. 

26.2. The employer recognises that its staff are client focused and have a commendable desire to 
provide services of a very high quality. This at times leads to some work outside of standard 
hours and even to the taking on of workloads that are higher than expected. To accommodate 
this, the employer has developed a range of flexible work policies. 

26.3. The employer has a responsibility to manage planning processes to ensure targets and 
outputs are based on available resources and staffing levels. The employer also has a 
responsibility to be aware of the nature and quality of the work performed by staff so that the 
work is balanced by an appropriate level of flexibility. 

26.4. The employer acknowledges the benefits to both the organisation and individual employee 
gained through employees having a balance between their professional and personal life. 
Work which requires the employee to work beyond their ordinary hours of work will not be 
routinely allocated.  

26.5. 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 can 
seek to have the allocation reviewed by the employer to address the staff concerns. 

26.6. Calculation of overtime 

26.6.1. The hourly rate for overtime shall be calculated in accordance with the following 
table: 

For overtime work on Overtime rate (% of ordinary hourly rate) 

Monday to Friday – first three hours 150% 

Monday to Friday – after 3 hours 200% 

Saturday and Sunday – in all cases except 
public holidays 

200% 








 

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For overtime work on Overtime rate (% of ordinary hourly rate) 

Public holiday or substituted day 250% 

26.6.2. An employee will be paid overtime based on their actual annual salary. 

26.7. VLA5 and VLA6 employees are not eligible for paid overtime but may take overtime leave. 

26.8. Overtime leave 

26.8.1. The employer may, on the application of an employee, grant time off in respect of 
overtime performed by that employee. No time off shall be granted in respect of any 
work for which payment has been made. 

26.8.2. According to the employer’s flexitime scheme, a manager may authorise an 
employee to work outside the regular span of hours where it is necessitated by 
work requirements. The time worked accrues within the flexitime scheme as time in 
lieu, which is separate to regular flexitime. 

26.8.3. This overtime clause provides for time off (Overtime leave), at the manager’s 
discretion, if requested by an employee offered work outside of the flexitime span of 
hours. Overtime leave is accrued and taken according to this clause and is 
separate to the flexitime scheme and time in lieu accrued under that scheme. This 
does not affect time in lieu accrued under the flexitime system. 

26.8.4. Overtime leave may accumulate to a maximum of 38 hours. An employee who has 
accumulated 38 hours of overtime leave must be paid overtime for any additional 
overtime hours worked. By agreement, the employee may convert 38 hours of 
accrued overtime leave to one additional week of annual leave to be taken at a time 
of mutual agreement. In this case, overtime leave may continue to accrue. 

26.8.5. Upon termination for any reason, the employee will be paid out any overtime leave 
accrued to their credit as if it were time worked. 

26.8.6. Where an employee is granted overtime leave for overtime worked the time will 
accrue on the following basis: 

a) in the case of overtime worked Monday to Friday – on an hour for hour basis; 
and 

b) in the case of overtime worked on weekends or public holidays – two hours 
of time of overtime leave per hour worked. 

26.9. Voluntary overtime 

At the time that voluntary overtime is offered, the relevant manager must indicate to the 
employee whether the overtime is to be paid or to be taken as overtime leave. Overtime leave 
is to be taken at a time of mutual agreement. The manager will endeavour to permit the 
employee to take overtime leave at a time of the employee’s choosing. 

26.10. Rest period after overtime 

26.10.1. Other than in exceptional circumstances, overtime duty should be arranged so that 
an employee has at least ten consecutive hours off duty between the work of 
successive days or shifts. 








 

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26.10.2. Where a period of rest relief is granted that permits an employee to return to duty 
later than the time rostered for commencement, appropriate overtime payments in 
accordance with this clause are to be made where continuation on duty is required 
beyond the normal finishing time applying to that shift. 

26.11. Transport of employees 

When an employee, after having worked approved overtime, finishes work at a time when 
reasonable means of transport is not available, the employer shall provide transportation to 
the employee’s home. 

26.12. Meal expenses 

Where overtime is performed (subject to clause 26.1.2), an employee will be eligible for 
reimbursement of meal expenses when required to work a period of overtime which: 

a) immediately follows or immediately precedes a scheduled period of ordinary 
duty and is for a period of not less than two hours; 

b) does not immediately follow or immediately precede a scheduled period of 
ordinary duty; 

c) includes a meal break of not less than 20 minutes taken prior to the 
completion and not less than four hours after the commencement of the 
overtime; or 

d) where the taking of a meal break is precluded by reason of safety 
requirements is not less than four hours. 

26.13. Childcare Arrangements 

Where an employee is required to work outside their ordinary hours of work and where less 
than 24 hours’ notice of the requirement to perform such overtime work has been given by 
the employer, the employee will be reimbursed for reasonable childcare expenses incurred. 
Evidence of expenditure incurred by the employee must be provided as soon as possible 
after the working of such overtime. 

26.14. Minimum payments on recall 

An employee who, due to an emergency or other unforeseen circumstance, is recalled to 
perform overtime duty shall be paid for a minimum of three hours work at the appropriate 
overtime rate prescribed in this clause. An employee recalled to work within three hours of 
starting work on a previous recall shall not be entitled to any additional payment for the time 
worked within a period of three hours from the time of commencement of duty on the 
previous recall. The provision of this clause shall not apply where overtime duty is 
continuous, or separated only by a meal break, with the completion or commencement of 
ordinary hours of duty. 

26.15. Stand-by allowance 

26.15.1. The employer may require an employee to be on stand-by outside the ordinary 
hours of duty of the employee to perform work away from their usual place or 
places of work. 

26.15.2. The employer will, in consultation with the employee, establish a roster for stand-by 
duty. 








 

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26.15.3. The employee may refuse to be on stand-by where this may result in the employee 
working hours which are unreasonable having regard to: 

a) any risk to the employee’s health and safety; 

b) the employee’s personal circumstances including family responsibilities; 

c) the needs of the workplace; 

d) the notice (if any) given by the employer of the stand-by and by the 
employee of their intention to refuse it; and 

e) any other relevant matter.  

26.15.4. An employee on stand-by: 

a) must be able to be contacted immediately by an agreed means of 
communication; 

b) must be able to travel to their usual place or places of work within a 
reasonable time; 

c) will, if required to be recalled to work, be provided by the employer with 
appropriate transport or be reimbursed travel expenses; and 

d) must be fit for duty. 

26.15.5. The standby allowance will constitute total compensation for any intermittent limited 
response to a telephone call or email for up to a total of one hour’s duration. An 
employee who is required to return to work when on stand-by will, after the first 
hour, be compensated for each hour or part hour worked, in accordance with the 
overtime provisions of this Agreement. 

26.15.6. The stand-by allowance does not apply where stand-by is incorporated into total 
remuneration or is otherwise compensated. 

26.15.7. The employer must pay the following indexed amounts as stand-by allowance: 

Date payable Payable Amount 

1 December 2020 Per night $24.37 

1 December 2021 Per night $24.86 

1 December 2022 Per night $25.36 

1 December 2023 Per night $25.86 

1 December 2020 Per 24-hour period (day and 
night) 

$48.84 

1 December 2021 Per 24-hour period (day and 
night) 

$49.8 

1 December 2022 Per 24-hour period (day and 
night) 

$50.81 








 

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Date payable Payable Amount 

1 December 2023 Per 24-hour period (day and 
night) 

$51.83 

26.15.8. The allowance provided under clause 26.15.4 applies to VLA classifications 4 and 
below. 

26.15.9. If recalled to perform a stand-by duty, an employee must not be required to 
perform: 

a) a further period of overtime duty; 

b) a period of ordinary duty; 

c) a further period of scheduled stand-by duty; or 

d) If either: 

(i) the employee has not been provided with a 10-hour rest period 
between the time of completion of one period of duty and the 
commencement of the next; or 

(ii) the employee has not been provided with a 10-hour rest period within 
the preceding 24 hours from the time of the commencement of the 
stand-by duty.  

Part 6 – Leave and public holidays 
27. Annual leave 

The employer recognises the importance of employees taking annual leave to ensure 
employee wellbeing. Employees will be actively encouraged to take leave. The employer and 
the employee will work together to develop a strategy to ensure annual leave is taken and that 
excessive leave is not accrued.  

27.1. Leave entitlement 

Every employee (other than a casual) will be entitled to four weeks (152 hours) paid annual 
leave after each year of service or on a pro rata basis for any period of employment which is 
less than one year. 

27.2. Calculation of service 

In calculating service for the purposes of this clause, all periods of paid leave, including public 
holidays, will be counted as service; periods of unpaid leave of less than 12 months for which 
compensation is payable under Act/s of Parliament relating to accident compensation shall be 
counted as service. 

27.3. Leave to be taken 

27.3.1. Annual leave is subject to operational requirements and will be taken within two 
years of falling due unless otherwise agreed between the employee and employer. 
This is to avoid situations where an employee accrues a leave balance in excess of 
eight weeks. 








 

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27.3.2. If accruals are in excess of eight weeks, the employer and employee will work 
together to take all reasonable steps to reduce the annual leave balance. If all 
genuine attempts fail to reach agreement on an appropriate plan to manage excess 
annual leave, the employer will require the employee to take a period of paid 
annual leave to reduce the balance. The employer will communicate this 
requirement in writing.  

27.3.3. The taking of excessive leave will be required by the employer, where reasonable.  
In assessing reasonableness, the following factors are relevant:  

a) the needs of the employee and the employer’s client service needs;  

b) an agreed arrangement with the employee;  

c) custom and practice of the employer;  

d) timing of the requirement to take leave; and/or  

e) the length of the period of notice given.  

27.3.4. No payment will be made or accepted in lieu of annual leave, unless under the 
provisions for leave on termination or accident pay.  

27.4. Leave on termination 

Any employee who, upon retirement, resignation, dismissal or termination of services or 
employment has accrued leave of absence for recreation, must be paid in lieu of absence for 
recreation, such amount being the salary and allowances the employee would have received 
if leave of absence for annual leave had been granted. 

27.5. Accident pay and annual leave 

An employee granted leave of absence under clause 21 (Accident pay) who has accrued 
annual leave of absence: 

a) may elect during the 52 weeks of such leave to be paid in lieu of taking 
annual leave; and 

b) must be paid in lieu of annual leave of absence if an election is not made. 

The employer undertakes that any annual leave paid in lieu as per clause 27.5 of this 
Agreement will not result in the employee’s remaining accrued entitlement to paid annual 
leave being less than four weeks.   

27.6. Leave loading 

27.6.1. An employee will, in respect of annual leave, be entitled to a loading of 17.5 per 
cent of the remuneration of the employee for the period of annual leave. Annual 
leave loading will be paid on a fortnightly basis.  

27.6.2. For the purposes of calculating this allowance, remuneration is deemed to be the 
employee’s salary at the first day of January each year or salary at the date of the 
commencement of employment and will not exceed the top of VLA3.   

 

 

 








 

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27.7. Purchased leave 

27.7.1. Employees, with the agreement of the employer, may work between 44 and 51 
weeks per year. Access to this entitlement may only be granted on application from 
an employee and cannot be required as a precondition to employment. Where both 
parties agree to a reduction in the number of working weeks, the employee will 
receive additional annual leave as follows: 

Proportion of annual salary 
applicable under Schedule 1 

Number of additional weeks 
of purchased leave 

Total amount of leave 
(purchased and annual 
leave) 

44/52 weeks additional 8 week’s leave total of 12 weeks 

45/52 weeks additional 7 week’s leave total of 11 weeks 

46/52 weeks additional 6 week’s leave total of 10 weeks 

47/52 weeks additional 5 week’s leave total of 9 weeks 

48/52 weeks additional 4 week’s leave total of 8 weeks 

49/52 weeks additional 3 week’s leave total of 7 weeks 

50/52 weeks additional 2 week’s leave total of 6 weeks 

51/52 weeks additional 1 week’s leave total of 5 weeks 

27.7.2. The employee will receive a salary equal to the period worked (e.g. 46 weeks, 49 
weeks) which will be spread over a 52-week period and accrual of sick leave and 
long service leave shall remain unchanged. 

27.7.3. An employee may revert to ordinary 52-week employment by giving the employer 
no less than four week’s written notice. Where an employee does this, appropriate 
pro rata salary adjustments will be made. 

27.7.4. As an alternative, employees may request that any week of their annual leave 
entitlement be converted to two weeks leave at half pay. 

27.7.5. Where an employee, with an excessive annual leave accrual, wishes to make an 
application under this clause, the extent of the employee’s excessive annual leave 
accrual and any plans the employee has to take some or all of their accrued annual 
leave entitlements in conjunction with any approved purchased leave arrangement, 
will be considered by the employer in assessing the employee’s application for 
purchased leave.  

 

 

 

 








 

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28. Personal/carer’s leave 
The provisions of this clause apply to full-time and part-time employees on a pro rata basis, 
but do not apply to casual employees. 

28.1. Paid personal/carer’s leave 

Paid personal/carer’s leave will be available to an employee when they are absent because 
of: 

a) personal illness or injury (sick leave);  

b) personal illness or injury of an employee’s immediate family (carer’s leave), 
household member, or an assistance animal that requires the employee’s 
care and support; 

c) an unexpected emergency affecting an employee’s immediate family, 
household member or assistance animal who requires the employee’s care 
and support (carer’s leave); 

d) providing ongoing care or support and attention to another person who is 
wholly or substantially dependent on them, provided that the care and 
attention is not wholly or substantially on a commercial basis (carer’s leave); 

e) attendance at a medical appointment with a registered practitioner (sick 
leave). 

28.2. Amount of paid personal/carer’s leave 

28.2.1. Seventeen days personal/carer’s leave is available per annum on a pro rata basis. 

28.2.2. This leave entitlement accrues on a daily basis. 

28.2.3. Unused personal/carer’s leave accumulates from year to year. 

28.3. Immediate family or household 

28.3.1. The entitlement to use personal leave for the purposes of personal leave, carer’s or 
compassionate leave is subject to the person being either: 

a) a member of the employee’s immediate family (see clause 3 (Definitions and 
interpretation)); or 

b) a member of the employee’s household (see clause 3 (Definitions and 
interpretation)). 

28.4. Evidence requirements for personal leave 

28.4.1. For any period of sickness exceeding three days continuous absence, an employee 
shall furnish either a satisfactory certificate by a registered practitioner or a 
statutory declaration setting out the cause of such absence. Provided that: 

a) In respect of an absence of three days or less, the employee may be 
required by the employer to furnish at the option of the employee either a 
certificate by a registered practitioner or a statutory declaration setting out 
the cause of such absence. If the number of days during which an employee 
is absent in any one year of service without a certificate by a registered 
practitioner exceeds five days in aggregate, the number of days absence in 








 

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excess of five shall not be granted as personal leave but may be deducted 
from their annual leave or be granted as leave without pay, on the 
employee’s election. 

b) Provided further that the employer may, prior to the granting of annual leave 
or leave without pay under this clause, require the employee to furnish a 
statutory declaration setting out the cause of the absence. 

28.4.2. Where an employee is absent from duty on account of an illness or injury which 
required or requires attendance upon a registered dentist, registered 
physiotherapist, registered chiropractor, registered osteopath, registered 
optometrist, or a psychologist in clinical practice who is a member of the board of 
the clinical branch of the Australian Psychological Society, or is eligible for 
membership of such board, the employee may be granted leave out of the 
employee’s sick leave entitlement, leave of absence for a period not exceeding one 
week in the aggregate (in respect of any one or a combination of such practitioners) 
in any 12 month period. Provided that the employee furnishes the employer with a 
satisfactory certificate from such registered dentist, physiotherapist, chiropractor, 
osteopath, optometrist, or psychologist, as the case may be. 

28.5. Evidence requirements for carer’s leave 

28.5.1. An employee is entitled to use up to 17 days of the employee’s personal leave 
entitlement each year for carer’s leave. 

28.5.2. The employee shall, if required, establish by production of a medical certificate or 
statutory declaration, the illness of the person concerned or evidence from a 
registered veterinary practitioner in the case of an assistance animal. The 
employee shall, wherever practicable, give the employer notice prior to the absence 
of the intention to take leave, the name of the person requiring care and their 
relationship to the employee, the reasons for taking such leave and the estimated 
length of absence. If it is not practicable for the employee to give prior notice of 
absence, the employee shall notify the employer by telephone of such absence at 
the first opportunity on the day of absence. 

28.5.3. Where an employee’s personal leave entitlements have been exhausted, an 
employee may take two days of unpaid carer’s leave on each occasion when a 
member of the employee’s immediate family, or the employee’s household requires 
care or support. 

28.6. Further documentary evidence 

28.6.1. The employer may require that an employee provide a further medical certificate 
from an independent registered practitioner from a relevant specialisation where an 
employee has been on personal leave for at least six weeks and has a medical 
certificate indicating ongoing need for personal leave.   

28.6.2. The employer may require that an employee provide further documentary evidence 
to the satisfaction of the employer where an employee has been on carer’s leave 
for at least two weeks, including evidence stating that the condition of the person 
concerned requires the continued care or support of the employee.  

 








 

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28.7. Casual carer’s leave 

28.7.1. Casual employees are entitled to be unavailable to attend work or to leave work: 

a) if they need to care for members of their immediate family or household who 
are sick and require care and support, or who require care due to an 
unexpected emergency, or the birth of a child: or 

b) if a member of the employee’s immediate family or a member of the 
employee’s household contracts or develops a personal illness that poses a 
serious threat to their life; or dies. 

28.7.2. The employer and the employee will agree on the period for which the employee 
will be entitled to be unavailable to attend work. In the absence of agreement, the 
employee is entitled to not be available to attend work for two days per occasion. 
The casual employee is not entitled to any payment for the period of non- 
attendance. 

28.7.3. A casual employee must comply with the notice and evidence requirements 
outlined in this clause. 

29. Compassionate leave 
29.1. Amount of compassionate leave 

29.1.1. An employee, other than a casual employee, is entitled to three days paid 
compassionate leave on each occasion when a member of the employee’s 
immediate family or household, or a member of an Aboriginal kinship or family 
structure: 

a) contracts or develops a personal illness that poses a serious threat to their 
life; 

b) sustains a personal injury that poses a serious threat to their life; or  

c) dies; 

each of which constitutes a permissible occasion for the purpose of this clause.  

29.1.2. An employee of Aboriginal or Torres Strait Islander descent is entitled to one 
additional day (four days in total) of paid compassionate leave on each occasion. 

29.1.3. An employee may take compassionate leave if the leave is taken: 

a) to spend time with the member of the employee’s immediate family or 
household who has contracted or developed a personal illness or sustained 
a personal injury; or  

b) after the death of a member of the employee’s immediate family or 
household. 

29.1.4. An employee is not required to take compassionate leave consecutively.  

29.1.5. Compassionate leave will not accrue from year to year and will not be paid out on 
termination of the employment of the employee. 

 

 








 

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29.2. Payment for compassionate leave (other than for casual employees)  

An employee, other than a casual employee, who takes paid compassionate leave, is entitled 
to be paid at their salary for ordinary hours of work in the period in which the compassionate 
leave is taken. 

29.3. Unpaid compassionate leave 

29.3.1. Any employee may take unpaid compassionate leave by agreement with the 
employer.  

29.3.2. In addition to the other provisions of this clause, Aboriginal or Torres Strait Islander 
employees may be granted both paid and unpaid ceremonial leave in relation to the 
death of a member of their immediate or extended family in accordance with clause 
34.3 (Leave to attend Aboriginal community meetings). 

29.4. Notice and evidence requirements  

29.4.1. An employee who is taking compassionate leave under this clause must give notice 
to the employer ‘as soon as practicable’ (which may be at a time after the 
compassionate leave has started) and must advise the employer of the period, or 
expected period, of the compassionate leave.  

29.4.2. To be eligible for compassionate leave, an employee must provide the employer 
with satisfactory evidence to support the compassionate leave, where requested by 
the employer. This may include a medical certificate from a registered practitioner, 
a statutory declaration or other relevant documentary evidence to the reasonable 
satisfaction of the employer. 

29.5. Other significant family or personal connections  

29.5.1. An employee may, at the discretion of the employer, be granted compassionate 
leave with or without pay when a person with a significant family or personal 
connection to the employee (but who is not a member of the employee’s immediate 
family or household), dies or sustains a personal illness or injury that poses a 
serious threat to that person’s life.  

29.5.2. An employer will not unreasonably withhold compassionate leave for an extended 
family member with whom the employee has a close connection. 

30. Long service leave 
30.1. Basic entitlement and accrual  

30.1.1. Long service leave is paid leave accrued during continuous employment with the 
employer or an employer within the VPS (as per clause 30.8 -– Previous 
employment which counts toward continuous employment) or service with other 
employers (as per clause 30.9 – Service with other employers that counts towards 
continuous employment). 

30.1.2. Employees accrue long service leave based on the number of ordinary hours 
worked. Part-time employees accrue long service leave on a pro rata basis. Casual 
employees are entitled to accrue long service leave as provided for in this clause. 

30.1.3. The basic entitlement for each 10 years’ full-time continuous employment is set out 
in the table below: 








 

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Average ordinary hours of 
work  

Entitlement after 10 years 
full time continuous 
employment 

Approximate leave accrual 
per hour 

Employee whose ordinary 
hours of work average 76 
hours per fortnight 

495.6967 hours (3 months) 0.0250 hours per hour 

Employee whose ordinary 
hours of work average 80 
hours per fortnight 

521.786 hours (3 months) 0.0263 hours per hour 

30.2. When can long service leave be accessed? 

30.2.1. An employee is entitled to take long service leave on a pro rata basis after seven 
years of continuous employment, and at any time after that in accordance with 
clause 30.3 (Taking long service leave). 

30.2.2. An employee with seven or more years of continuous employment is entitled to be 
paid out any unused long service leave accrual on the date their employment ends.  

30.2.3. Despite clause 30.2.2, an employee with four or more years of continuous 
employment is entitled to be paid out any unused long service leave accrual only in 
the following circumstances: 

a) on account of age or ill health the employee retires or is retired; 

b) the employment of the employee is terminated; or 

c) the employee dies.  

30.3. Taking long service leave 

30.3.1. Long service leave will be taken at a time convenient to the needs of the employer 
and employee.  

30.3.2. An employee and employer may agree that the whole or any part of their 
entitlement is paid:  

a) at the current time fraction they work, or  

b) at a different time fraction to that currently worked.  

30.3.3. Long service leave may be taken for any period of not less than one day.  

30.3.4. A public holiday falling within a period of approved long service leave is not 
regarded as part of the long service leave. An employee is entitled to take and be 
paid for a public holiday falling within a period of approved long service leave.  

30.3.5. On return from leave, the employee will revert to the time fraction they worked 
immediately prior to going on leave, unless otherwise agreed by the employer and 
the employee. 

 

 

 








 

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30.4. Payment of long service leave 

30.4.1. While on long service leave the employer will continue to pay the employee using 
the same method and frequency as if the employee was not on long service leave. 

30.4.2. Payment to an employee for, or in lieu, of long service leave includes: 

a) salary; 

b) salary maintenance if the employee is receiving salary maintenance;  

c) any additional payment payable for a temporary assignment where the 
assignment has continued for a period of at least 12 months before the 
commencement of the leave; and  

d) any annual allowance payable to the employee, which the employer 
determines should be included other than:  

(i) any payment of overtime, commuted overtime or shift work 
allowances; 

(ii) any travelling or transport allowance; and  

(iii) any allowance which is a reimbursement of an expenditure. 

30.5. Periods of continuous employment in which long service leave accrues  

Long service leave continues to accrue during the following absences from work: 

a) an absence on paid leave;  

b) from 1 January 2019, an absence after birth or adoption of a child (other than 
in the case of a casual employee) on unpaid parental leave which, in 
combination with any period of paid parental leave, totals 52 weeks or less;  

c) an absence of 52 weeks or less when the employee is in receipt of weekly 
payments of compensation under the Workplace Injury Act or any 
predecessor;  

d) an absence of 52 weeks or less during which a pension under section 83A(1) 
of State Superannuation Act 1988 (Vic) (or similar provision applying to 
employees of a declared authority) was paid; or  

e) an absence on unpaid leave for which the employer expressly authorises 
long service leave to accrue. 

30.6. Periods of continuous employment in which long service leave does not accrue  

30.6.1. Long service leave does not accrue for the following periods: 

a) a gap between engagements of a casual employee of less than three 
months;  

b) an absence on unpaid leave, other than as provided for in clause 30.5 
(Periods of continuous employment in which long service leave accrues);  

c) an absence from duty in excess of 12 months when the employee was in 
receipt of weekly payments of compensation under the Workplace Injury Act 
or any corresponding previous enactment; or  








 

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d) a period of service which followed the date on which a pension under the 
State Superannuation Act 1988 (Vic) (or similar provision applying to 
employees on the staff of a declared authority) became payable by reason of 
retirement on the ground of disability.  

30.6.2. The periods at clause 30.6.1 do not break continuous employment and may be 
periods of recognised service for the purposes of long service leave.  

30.7. Absences which break continuous employment  

Continuous employment will be broken by the following:  

a) any gap between engagements in continuous employment by a casual 
employee of more than three months; 

b) any absence from employment due to the dismissal of the employee for 
disciplinary reasons;  

c) receipt of a Voluntary departure package from any VPS employer; or  

d) any gap or break in service or absence not provided for in clause 30.5 
(Periods of continuous employment in which long service leave accrues), 
clause 30.6 (Periods of continuous employment in which long service leave 
does not accrue) or clause 30.8 (Previous employment which counts towards 
continuous employment).  

30.8. Previous employment which counts towards continuous employment  

30.8.1. Service in previous employment in the VPS or any employer referred to in clause 
30.9 counts towards continuous employment where the service concluded within 12 
months of the commencement or re-commencement of employment in the VPS. 

30.8.2. Despite clause 30.8.1, service in previous employment in the VPS or with any 
employer referred to in clause 30.9 counts towards continuous employment where:  

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

b) the service concluded within two years of the commencement of employment 
in the VPS and the employer considers special circumstances exist.  

30.8.3. An employee is not entitled to long service leave (or payment for long service 
leave):  

a) for a period of service for which the employee was entitled to receive long 
service leave (or payment for long service leave) from a different employer or 
for previous employment; or  

b) where the employee has received long service leave (or a payment in 
respect of long service leave) from a different employer or for previous 
employment.  

30.8.4. Clause 30.8.3 does not apply if funds have been transferred to the employer to 
cover long service leave.  








 

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30.8.5. Clauses 30.6 (Periods of continuous employment in which long service leave does 
not accrue) and 30.7 (Absences which break continuous employment) apply to 
service in previous employment. 

30.9. Service with other employers that counts towards continuous employment  

30.9.1. The following service will be recognised as continuous employment for the 
purposes of long service leave:  

a) any service with a State, Commonwealth or Territory of Australia government 
department or public service authority;  

b) any service with a public entity under the PAA;  

c) any service with a local government authority that is established by or under 
a law of Victoria; or  

d) any service with a community legal centre.  

30.9.2. In addition, the employer may recognise service with: 

a) a public sector authority; or  

b) a local governing authority of the Commonwealth, a State other than Victoria 
or a Territory of Australia.  

30.9.3. For the purposes of clause 30.9.1 and 30.9.2, authority means an authority, 
whether incorporated or not, that is constituted:  

a) by or under a law of a State, the Commonwealth or a Territory of Australia; 
and  

b) for a public purpose.  

30.9.4. Where an employee believes they have service with other employers which should 
be counted towards continuous employment, the employee should make 
application to the employer seeking this service be counted towards the employee’s 
period of continuous employment within six months of an employee’s starting date 
with the employer. The employer will take reasonable steps within this period to 
ascertain from the employee whether the employee has prior service.  

30.9.5. Clauses 30.6 (Periods of continuous employment in which long service leave does 
not accrue), 30.7 (Absences which break continuous employment) and 30.8 
(Previous employment which counts towards continuous employment) apply to 
service in previous employment.  

31. Infectious diseases 
Upon report by a medical officer of health that, by reason of contact with a person suffering 
from an infectious disease and through the operation of restrictions imposed by law in respect 
of such disease an employee is unable to attend for duty, the employer may grant the 
employee special sick leave with pay. Leave of absence shall not be granted for any period 
beyond the earliest date at which it would be practicable for the employee to resume duty, 
having regard to the restrictions imposed by law. 








 

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32. Dangerous medical condition 
32.1. If the employer has reason to believe than an employee is in such a state of health as to 

render such employee a danger to their fellow employees, the employer may require such 
employee to be examined by, and to obtain and furnish a report, as to their condition from a 
duly mutually agreed qualified medical practitioner. 

32.2. Upon receipt of this medical report, the employer may direct the employee to be absent from 
duty for a specified period, or, if already on leave of absence, direct such employee to 
continue on leave for a specified period, and the absence of such employee shall be regarded 
as absence on leave owing to illness and be paid as having been worked. 

33. Leave without pay 
33.1. An employee may apply for leave without pay (LWOP) for any reason. Approval of LWOP will 

be at the discretion of the employer, in consideration of the relevant manager’s 
recommendation and subject to operational requirements. 

33.2. Unless there are exceptional circumstances, paid leave, with the exception of long service 
leave, will be used prior to LWOP being approved. 

33.3. The period of approved LWOP will generally be limited to a maximum of 52 weeks. 

33.4. Unless otherwise provided for in this agreement, LWOP under this clause will not break the 
employee’s continuity of employment, but it will not count as service for leave accrual or other 
purposes. 

34. Cultural and ceremonial leave 
34.1. The employer embraces cultural diversity and recognises the community benefits of granting 

leave for events that are of cultural significance to employees.   

34.1.1. The employer may grant an employee accrued annual or other leave to attend an 
event or celebration that is of cultural significance to that employee. 

34.1.2. Employees may access up to three days unpaid ceremonial leave per year for 
attendance or observance of events of a religious, cultural or ceremonial nature.  

34.2. National Aboriginal and Islander Day Observance Committee (NAIDOC) week leave. 

34.2.1. An employee of Aboriginal or Torres Strait Islander descent is entitled to one day of 
paid leave per calendar year to participate in NAIDOC week activities and events.   

34.2.2. NAIDOC week leave will not accrue from year to year and will not be paid out on 
termination of the employment of the employee.  

34.3. Leave to attend Aboriginal community meetings 

The employer may approve attendance during working hours by an employee of Aboriginal or 
Torres Strait Islander descent at any Aboriginal community meetings, except the Annual 
General Meetings of Aboriginal community organisations at which the election of office 
bearers will occur. 

 

 








 

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

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

34.5. Ceremonial leave  

34.5.1. Ceremonial leave will be granted to an employee of Aboriginal or Torres Strait 
Islander descent for ceremonial purposes:  

a) Sorry Business (bereavement) connected with the death of a member of the 
immediate family or extended family (provided that no employee shall have 
an existing entitlement reduced as a result of this clause); or  

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

34.5.2. Where ceremonial leave is taken for the purposes outlined in clause 34.5.1, up to 
three days in each year of employment will be with leave with pay. Paid ceremonial 
leave will not accrue from year to year and will not be paid out on termination of the 
employment of the employee. 

34.5.3. Ceremonial leave granted under clause 34.5 is in addition to compassionate leave 
granted under clause 29 (Compassionate leave). 

35. Parental leave 
35.1. Application 

35.1.1. Eligible employees are entitled to parental leave under this clause if the leave is 
associated with: 

a) the birth of a child of the employee, the employee’s spouse or the 
employee’s legal surrogate or the placement of a child with the employee for 
adoption; and 

b) the employee has or will have a responsibility for the care of the child. 

35.1.2. An employee currently on parental leave (excluding an employee on extended 
family leave under clause 35.33.1) is not required to return to work in order to 
access a further period of parental leave under this clause. 

35.2. Definitions 

For the purpose of this clause: 

35.2.1. Eligible employee means: 

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

b) a long-term casual employee who has, but for accessing parental leave 
under this clause, a reasonable expectation of continuing employment by the 
employer on a regular and systematic basis. 








 

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35.2.2. Continuous service is work for the employer on a regular and systematic basis 
(including any period of authorised leave) and any period of recognised prior 
service (as defined in clause 35.2.5). 

35.2.3. Child means: 

a) in relation to birth-related leave, a child (or children from a multiple birth) of 
the employee or the employee’s spouse or the employee’s legal surrogate; 
or 

b) in relation to adoption-related leave, a child (or children) who will be placed 
with an employee, and: 

(i) who is, or will be, under 16 years of age as at the day of placement, or 
the expected day of placement;  

(ii) has not, or will not have, lived continuously with the employee for a 
period of six months or more as at the day of placement, or the 
expected day of placement; and  

(iii) is not (otherwise than because of the adoption) a child of the 
employee or the employee’s spouse. 

35.2.4. Primary caregiver means the person who takes primary responsibility for the care 
of a newborn or newly adopted child. The primary caregiver is the person who 
meets the child's physical needs more than anyone else. Only one person can be a 
child's primary caregiver on a particular day.   

35.2.5. Recognised prior service means any service immediately prior to the employee’s 
employment with the employer, where the employee was employed: 

a) by a public entity under the PAA;   

b) under Part 6 of the PAA; or 

c) as a parliamentary officer or electorate officer under the Parliamentary 

Administration Act 2005 (Vic); 

35.2.6. Secondary caregiver means a person who has parental responsibility for the child 
but is not the primary caregiver. 

35.2.7. Spouse includes a de facto spouse, former spouse or former de facto spouse. The 
employee’s de facto spouse means a person who lives with the employee as 
husband, wife or partner on a bona fide domestic basis, whether or not legally 
married to the employee. 

 

 

 

 

 

 

 








 

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35.3. Summary of parental leave entitlements 

The entitlements summarised in the table below apply to a period of parental leave 
commencing on or after 1 December 2020: 

Table 1 – Parental leave entitlements (commencing on or after 1 December 
2020) 

Primary caregiver 

Length of service Paid leave Unpaid leave Total 

More than 3 months 
continuous service 

16 weeks Up to 36 weeks or up 
to 88 weeks (on 
application for 
extended leave under 
clause 35.23.2) 

104 weeks 

Less than 3 months 
continuous service 

0 Up to 52 weeks 52 weeks 

Long term casual 
employee 

0 Up to 52 weeks 52 weeks 

Secondary caregiver 

Length of service Paid leave Unpaid leave Total 

More than 3 months 
continuous service 

4 weeks Up to 48 weeks 52 weeks 

More than 3 months 
continuous service 
and takes over the 
primary responsibility 
for the care of the 
child within first 78 
weeks 

An additional 12 
weeks 

Up to 36 weeks or up 
to 88 weeks (on 
application for 
extended leave under 
clause 35.23.2) 

104 weeks 

Less than 3 months 
continuous service 

0 Up to 52 weeks 52 weeks 

Long term casual 
employee 

0 Up to 52 weeks 52 weeks 

Pre-natal leave 

Length of service Paid leave Unpaid leave Total 

Pregnant employee 38 hours By agreement 38 hours 

Spouse 7.6 hours  By agreement 7.6 hours 








 

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Pre-adoption leave 

Length of service Paid leave Unpaid leave Total 

More than 3 months 
continuous service 

2 days By agreement Minimum 2 days 

Parental bereavement leave 

Length of service Paid leave Unpaid leave Total 

Where pregnancy 
terminates after 20 
weeks (if 3 months 
continuous service) 

16 weeks Up to 36 weeks or up 
to 88 weeks (on 
application for 
extended leave under 
clause 35.23.2 

104 weeks 

 

Permanent care leave 

Length of service Paid leave Unpaid leave Total 

More than 3 months 
continuous service 

16 weeks up to 36 weeks 52 weeks 

Less than 3 months 
continuous service 

0 up to 52 weeks 52 weeks 

Grandparent leave 

Length of service Paid leave Unpaid leave Total 

N/A 0 Up to 52 weeks Up to 52 weeks 

 

35.4. Parental leave – primary caregiver 

An eligible employee, who has, or will have, completed at least three months paid continuous 
service and who will be the primary caregiver at the time of the birth or adoption of their child, 
is entitled to up to 52 weeks parental leave, comprising: 

a) Sixteen weeks paid parental leave; and 

b) up to 36 weeks unpaid parental leave. 

35.4.1. An eligible employee who will be the primary caregiver, who has not completed at 
least three months paid continuous service at the time of the birth or adoption of 
their child, or a long-term casual employee, is entitled to up to 52 weeks unpaid 
parental leave. 

 








 

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35.4.2. Only one parent can receive primary caregiver parental leave entitlements in 
respect to the birth or adoption of their child. An employee cannot receive primary 
caregiver parental leave entitlements: 

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

b) if their spouse has received, or will receive, paid parental leave, primary 
caregiver entitlements, or a similar entitlement, from their employer; 

c) if the employee has received, or will receive, secondary caregiver parental 
leave entitlements in relation to their child. 

35.5. Parental leave – secondary caregiver 

35.5.1. An eligible employee who has, or will have, completed at least three months paid 
continuous service and who will be the secondary caregiver at the time of the birth 
or adoption of their child, is entitled to up to 52 weeks parental leave, comprising: 

a) four weeks paid parental leave; 

b) twelve weeks additional paid secondary caregiver parental leave, subject to 
the conditions in clause 35.6 (Additional paid leave for secondary caregiver), 
and 

c) unpaid parental leave to bring the total available paid and unpaid leave to 52 
weeks. 

35.5.2. An eligible employee who will be the secondary caregiver and has not completed at 
least three months paid continuous services at the time of the birth or adoption of 
their child, or a long-term casual employee, is entitled to up to 52 weeks unpaid 
parental leave. 

35.5.3. Only one parent can receive secondary caregiver parental leave entitlements in 
respect to the birth or adoption of their child. 

35.5.4. An employee cannot receive secondary caregiver parental leave entitlements 
where the employee has received primary caregiver parental leave entitlements in 
relation to their child.  

35.6. Additional paid leave for secondary caregiver 

35.6.1. A secondary caregiver is entitled to up to an additional 12 weeks’ paid leave within 
the first 78 weeks of the date of birth or adoption of the child provided that: 

a) the secondary caregiver assumes primary responsibility for the care of a 
child by meeting the child’s physical needs more than anyone else; and  

b) the secondary caregiver’s spouse is not concurrently taking primary 
responsibility for the care of the child or receiving paid parental leave, 
primary caregiver entitlements or a similar entitlement from their employer.  

35.6.2. To access additional paid leave, the employee must have been eligible for paid 
secondary caregiver leave at the time of birth or adoption of their child, irrespective 
of when the employee elects to take the paid leave under this clause. 

 








 

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35.7. Prenatal leave 

35.7.1. A pregnant employee will have access to paid leave totalling up to 38 hours per 
pregnancy to enable the employee to attend routine medical appointments 
associated with the pregnancy. 

35.7.2. An employee who has a spouse who is pregnant will have access to paid leave 
totalling up to 7.6 hours per pregnancy to enable the employee to attend routine 
medical appointments associated with the pregnancy.   

35.7.3. The employee is required to provide a medical certificate from a registered medical 
practitioner confirming that the employee or their spouse is pregnant. Each 
absence on pre-natal leave must also be covered by a medical certificate. 

35.7.4. The employer should be flexible enough to allow the employee the ability to leave 
work and return on the same day. 

35.7.5. Paid pre-natal leave is not available to casual employees. 

35.8. Pre-adoption leave 

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

35.8.2. An employee seeking to adopt a child may also access further unpaid leave. The 
employee and the employer should agree on the length of any unpaid leave. Where 
agreement cannot be reached, the employee is entitled to take up to two days 
unpaid leave.  

35.8.3. Where accrued paid leave is available to the employee, the employer may require 
the employee to take such leave instead of taking unpaid leave under this clause. 

35.8.4. The employer may require the employee to provide satisfactory evidence 
supporting the leave.  

35.8.5. The employer should be flexible enough to allow the employee the ability to leave 
work and return on the same day.  

35.8.6. Paid pre-adoption leave is not available to casual employees. 

35.9. Permanent care leave 

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

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

b) will be the primary or secondary caregiver for that child. 

35.10. Grandparent leave 

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








 

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35.11. Access to parental leave for an employee whose child is born by surrogate 

An employee whose child is born through a surrogacy arrangement which complies with Part 
4 of the Reproductive Treatment Act, is eligible to access the parental leave entitlements 
outlined in clause 35 (Parental leave).   

35.12. Continuing to work while pregnant 

35.12.1. The employer may require a pregnant employee to provide a medical certificate 
stating that the employee is fit to work their normal duties where the employee:  

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

b) is on paid leave under clause 35.14.2. 

35.12.2. The employer may require the employee to start parental leave if the employee:  

a) does not give the employer the requested certificate within seven days of the 
request; or  

b) gives the employer a medical certificate stating that the employee is unfit to 
work.  

35.13. Personal/carer’s leave 

A pregnant employee, not then on parental leave, who is suffering from an illness whether 
related or not to the pregnancy, may take any paid and/or unpaid personal/carer’s leave in 
accordance with clause 28 (Personal/carer’s leave).  

35.14. Transfer to a safe job  

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

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

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

b) when the employee’s pregnancy results in the birth of a living child or when 
the employee’s pregnancy ends otherwise than with the birth of a living child.  

35.14.3. The entitlement to no safe job paid leave is in addition to any other leave 
entitlement the employee has.  

 

 

 








 

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35.15. Parental bereavement leave   

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

a) where the pregnancy terminates during the first 20 weeks, during the 
certified period/s the employee is entitled to access any paid and/or unpaid 
personal/carer’s leave entitlements in accordance with clause 28 
(Personal/carer’s leave); or 

b) where the pregnancy terminates after the completion of 20 weeks, during the 
certified period/s the employee is entitled to paid Parental bereavement 
leave not exceeding the amount of paid parental leave available under 
clause 35.4 (Parental leave – primary caregiver) and thereafter, to unpaid 
parental bereavement leave.  

35.16. Notice and evidence requirements   

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

a) that the employee will become either the primary caregiver or secondary 
caregiver of the child as appropriate;  

b) the particulars of any parental leave taken or proposed to be taken or applied 
for by the employee’s spouse; and   

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

35.16.2. At least four weeks before the intended commencement of parental leave, the 
employee must confirm in writing the intended start and end dates of the parental 
leave or advise the employer of any changes to the notice provided in clause 
35.16.1), unless it is not practicable to do so.   

35.16.3. The employer may require the employee to provide evidence which would satisfy a 
reasonable person of:  

a) for birth-related leave, the date of birth of the child (including without 
limitation, a medical certificate stating the date of birth or expected date of 
birth); or  

b) for adoption-related leave, the commencement of the placement (or 
expected day of placement) of the child and that the child will be under 16 
years of age as at the day of placement or expected day of placement.   

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

 








 

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35.17. Commencement of parental leave  

35.17.1. An employee who is pregnant may commence primary caregiver parental leave at 
any time within 16 weeks prior to the expected date of birth of the child. In all other 
cases, primary caregiver parental leave commences on the day of birth or 
placement of the child.  

35.17.2. Secondary caregiver parental leave may commence up to one week prior to the 
expected birth or placement of the child. Where a secondary caregiver takes 
additional paid leave in accordance with clause 35.6 (Additional paid leave for 
secondary caregiver), the additional leave will commence on the date the employee 
takes on primary responsibility for the care of a child.  

35.17.3. The employer and employee may agree to alternative arrangements regarding the 
commencement of parental leave.     

35.17.4. The period of parental leave for the purpose of calculating an employee’s maximum 
entitlement to paid and unpaid parental leave will commence from the date parental 
leave commences or otherwise no later than the date of birth of the child, 
irrespective of when the employee elects to use any paid entitlements they may 
have under this clause.  

35.18. Rules for taking parental leave entitlements  

35.18.1. Parental leave is to be available to only one parent at a time, except parents may 
take up to eight weeks leave concurrently with each other, comprising any paid 
leave to which the employee may be eligible for under clause 35.3 (Summary of 
parental leave entitlements) or unpaid, in connection with the birth or adoption of 
their child (Concurrent leave).  

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

b) Concurrent leave can be taken in separate periods, but each block of 
concurrent leave must not be less than two weeks, unless the employer 
otherwise agrees.  

35.18.2. While an employee’s eligibility for parental leave is determined at the time of birth 
or adoption of the child, the employee and employer may agree to permit the 
employee to use the paid leave entitlements outlined in this clause at any time 
within the first 52 weeks of parental leave, or where an extension is granted under 
clause 35.23.1(b), within the first 78 weeks where clause 35.6 (Additional paid 
leave for secondary caregiver) is invoked or otherwise the first 104 weeks.    

35.18.3. Parental leave does not need to be taken in a single continuous period. The 
employer and employee will agree on the duration of each block of parental leave. 
The employer will consider their operational requirements and the employee’s 
personal and family circumstances in considering requests for parental leave in 
more than one continuous period. Approval of such requests will not be 
unreasonably refused.  

 

 








 

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35.19. Using other accrued leave in conjunction with parental leave  

An employee may, in lieu of or in conjunction with parental leave, access any annual leave or 
long service leave entitlements which they have accrued subject to the total amount of leave 
not exceeding 52 weeks or a longer period as agreed under clause 35.23.2.  

35.20. Public holidays during a period of paid parental leave 

Where a public holiday occurs during a period of paid parental leave, the public holiday is not 
to be regarded as part of the paid parental leave and the employer will grant the employee a 
day off in lieu, to be taken by the employee immediately following the period of paid parental 
leave.  

35.21. Effect of unpaid parental leave on an employee’s continuity of employment  

Other than provided for in clause 30 (Long service leave), unpaid parental leave under 
clauses 35.4 (Parental leave – primary care giver), 35.5 (Parental leave – secondary 
caregiver), 35.23 (Extending parental leave) and 35.29 (Commonwealth paid parental leave) 
shall not break an employee’s continuity of employment but it will not count as service for 
leave accrual or other purposes.  

35.22. Keeping in touch days  

35.22.1. During a period of parental leave, the employer and employee may agree to 
perform work for the purpose of keeping in touch in order to facilitate a return to 
employment at the end of the period of leave.  

35.22.2. Keeping in touch days must be agreed and be in accordance with section 79A of 
the Fair Work Act.  

35.23. Extending parental leave  

35.23.1. Extending the period of parental leave where the initial period of parental leave is 
less than 52 weeks:  

a) An employee, who is on an initial period of parental leave of less than 52 
weeks under clause 35.4 (Parental leave – primary caregiver) or 35.5 
(Parental leave – secondary caregiver), may extend the period of their 
parental leave on one occasion up to the full 52 week entitlement.   

b) The employee must notify the employer in writing at least four weeks prior to 
the end date of their initial parental leave period. The notice must specify the 
new end date of the parental leave.  

35.23.2. Right to request an extension to parental leave beyond the initial 52 week period to 
a maximum of 104 weeks:  

a) An employee who is on parental leave under clause 35.4 (Parental leave – 
primary caregiver) or 35.5 (Parental Leave – secondary caregiver) may 
request an extension of unpaid parental leave for a further period of up to 52 
weeks immediately following the end of the current parental leave period.  

b) In the case of an employee who is a member of a couple, the period of the 
extension cannot exceed 52 weeks, less any period of parental leave that the 
other member of the couple will have taken in relation to the child.   








 

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c) The employee’s request must be in writing and given to the employer at least 
four weeks before the end of the current parental leave period. The request 
must specify any parental leave that the employee’s spouse will have taken.  

d) The employer shall consider the request having regard to the employee’s 
circumstances and, provided the request is based on the employee’s 
parental responsibilities, may only refuse the request on reasonable 
business grounds.   

e) The employer must not refuse the request unless the employer has given the 
employee a reasonable opportunity to discuss the request.  

f) The employer must give a written response to the request as soon as 
practicable, and no later than 21 days after the request is made. The 
response must include the details of the reasons for any refusal.   

35.24. Total period of parental leave  

35.24.1. The total period of parental leave, including any extensions, must not extend 
beyond 104 weeks.  

35.24.2. In the case of a couple, the total period of parental leave for both parents 
combined, including any extensions, must not extend beyond 104 weeks.  The 
employee’s entitlement to parental leave under clause 35.4 (Parental leave – 
primary caregiver) or 35.5 (Parental leave – secondary caregiver) will reduce by the 
period of any extension taken by a member of the couple under clause 35.23 
(Extending parental leave).  

35.25. Calculation of pay for the purposes of parental leave  

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

35.25.2. Where an employee has less than three years of service the averaging period will 
be their total period of service in the VPS.  

35.25.3. The calculation will exclude any of the following periods which fall during the 
averaging period:  

a) periods of unpaid parental leave; 

b) any time worked at a reduced time fraction in order to better cope during 
pregnancy; 

c) authorised unpaid leave for an unforeseen reason beyond the employee’s 
control; and  

d) time worked at a reduced time fraction on returning to work after a period of 
parental leave under clause 35.30.3.  

35.25.4. For the purposes of clause 35.25.3(c), an ‘unforeseen reason beyond the 
employee’s control’ may include, for example, a personal illness or injury suffered 
by the employee, or the care or support of an ill or injured immediate family or 
household member by the employee but would not include leave taken for lifestyle 
or personal reasons, career breaks or leave to undertake other employment.  








 

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35.25.5. The average number of weekly hours, determined in accordance with clause 
35.25.1, will be then applied to the annual salary applicable to the employee’s 
classification and salary point at the time of taking parental leave to determine the 
actual rate of pay while on parental leave.  

35.26. Half pay 

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

35.27. Employer superannuation contributions in respect of primary caregiver parental leave  

An employee who returns to work at the conclusion of a period of primary caregiver parental 
leave will be entitled to have superannuation contributions made in respect of the period of 
the employee’s primary caregiver parental leave, subject to requirements in clause 23 
(Superannuation legislation).  

35.28. Effect of parental leave on progression for primary caregivers  

An employee who returns to work at the conclusion of a period of primary caregiver parental 
leave may be entitled to progression steps or amounts forgone as a result of being on 
parental leave in accordance with clause 18.2 (Progression within a classification range—
Eligibility).   

35.29. Commonwealth paid parental leave  

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

35.30. Returning to work   

35.30.1. Returning to work early  

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

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

35.30.2. Returning to work at conclusion of leave  

a) At least four weeks prior to the expiration of parental leave, the employee will 
notify the employer of their return to work after a period of parental leave.  

b) Subject to clause 35.30.2(c) an employee will be entitled to the position 
which they held immediately before proceeding on parental leave. In the 
case of an employee transferred to a safe job pursuant to clause 35.14 
(Transfer to a safe job), the employee will be entitled to return to the position 
they held immediately before such transfer.  

 








 

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c) Where such position no longer exists but there are other positions available 
which the employee is qualified for and is capable of performing, the 
employee will be entitled to a position as nearly comparable in status and 
pay to that of their former position.  

35.30.3. Returning to work at a reduced time fraction  

a) To assist an employee in reconciling work and parental responsibilities, an 
employee may request to return to work at a reduced time fraction until their 
child reaches school age, after which the employee will resume their 
substantive time fraction.  

b) Where an employee wishes to make a request under clause 35.30.3(a), such 
a request must be made as soon as possible but no less than seven weeks 
prior to the date upon which the employee is due to return to work from 
parental leave.  

35.31. Lactation breaks 

35.31.1. Employees cannot be discriminated against for breastfeeding, chestfeeding or 
expressing milk in the workplace.  

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

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

35.32. Consultation and communication during parental leave  

35.32.1. Where an employee is on parental leave and a definite decision has been made to 
introduce significant change at the workplace, the employer shall take reasonable 
steps to:  

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

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

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

35.32.3. The employee shall also notify the employer of changes of address or other contact 
details which might affect the employer’s capacity to comply with 35.32.1. 

 

 

  








 

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35.33. Extended family leave  

35.33.1. An employee who is the primary caregiver and has exhausted all parental leave 
entitlements may apply for unpaid extended family leave as a continuous extension 
to their parental leave taken in accordance with this clause. The total amount of 
leave, inclusive of parental leave taken in accordance with this clause cannot 
exceed seven years from the commencement date of parental leave.  

35.33.2. The employee must make an application for extended family leave each year.  

35.33.3. An employee will not be entitled to paid parental leave while on extended family 
leave.  

35.33.4. Upon return to work the employer may reallocate the employee to other duties.  

35.34. Replacement employees  

35.34.1. A replacement employee is an employee specifically engaged or temporarily acting 
on higher duties or transferred as a result of an employee proceeding on parental 
leave.  

35.34.2. Before the employer engages a replacement employee, the employer must inform 
that person of the temporary nature of the employment and of the rights of the 
employee who is being replaced.  

35.34.3. The limitation in clause 10.4 on the use of fixed term employment to replace the 
employee does not apply in this case.  

35.35. Casual employees  

The employer must not fail to reengage a casual employee because the employee has 
accessed parental leave in accordance with this clause. The rights of the employer in relation 
to engagement and reengagement of casual employees are not affected, other than in 
accordance with this clause.  

35.36. Surrogacy leave 

35.36.1. Entitlement to leave  

An employee (excluding a casual employee) who has completed at least three 
months paid continuous service, who enters into a formal surrogacy arrangement 
on or after 1 December 2020, which complies with Part 4 of the Assisted 

Reproductive Treatment Act 2008 (Vic), as the surrogate, is entitled to access the 
following leave entitlements:  

a) pre-natal leave in accordance with clause 35.7, and  

b) six weeks of paid leave.  

35.36.2. Continuing to work while pregnant  

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








 

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

35.36.3. Transfer to safe job  

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

b) If no appropriate safe job is available, the employee is entitled to take paid or 
unpaid (if not eligible for parental leave) no safe job leave.  

35.36.4. Commencement of surrogacy leave  

a) An employee who is pregnant as a result of acting as a surrogate may 
commence paid surrogacy leave at any time within six weeks prior to the 
expected date of birth of the child. Otherwise, the period of parental leave 
must commence no later than the date of birth of the child, unless agreed 
with the employer.  

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

35.36.5. Surrogacy leave and other entitlements  

An employee may access, in conjunction with surrogacy leave, any other paid or 
unpaid entitlements available under this agreement with the approval of the 
employer.  

35.36.6. Personal/carer’s leave  

A pregnant employee, not then on surrogacy leave, who is suffering from an illness 
whether related or not to the pregnancy, may take any paid and/or unpaid 
personal/carer’s leave in accordance with clause 28. 

35.36.7. Special surrogacy leave  

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

(i) where the pregnancy terminates during the first 20 weeks, during the 
certified period/s the employee is entitled to access any paid and/or 
unpaid personal/carer’s leave entitlements in accordance with clause 
28;  

(ii) where the pregnancy terminates after the completion of 20 weeks, 
during the certified period/s the employee is entitled to paid special 
surrogacy leave not exceeding the amount of paid surrogacy leave 
available under clause 35.36.1.  

 

 








 

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35.37. Public holidays during a period of paid surrogacy leave  

Where a public holiday occurs during a period of paid surrogacy leave, the public holiday is 
not to be regarded as part of the paid surrogacy leave and the employer will grant the 
employee a day off in lieu, to be taken by the employee immediately following the period of 
paid surrogacy leave.  

35.38. Notice and evidentiary requirements  

An employee must provide 10 weeks’ written notice to the employer of their intention to take 
surrogacy leave. The notification should include a statutory declaration which specifies:  

a) the intended start and end dates of the leave;  

b) if known, any other leave the employee seeks approval to take in conjunction 
with their surrogacy leave;  

c) for the period of surrogacy leave, the employee will not engage in any 
conduct inconsistent with their contract of employment.  

d) The employer may also require the employee to provide documentary 
evidence confirming:  

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

(ii) the formal surrogacy arrangement, which complies with Part 4 of the 
Reproductive Treatment Act.  

e) The employee must confirm these details at least four weeks prior to the 
commencement of the proposed period of surrogacy leave.  

35.39. Foster and kinship care leave  

35.39.1. An employee who provides short-term foster or kinship care as the primary 
caregiver to a child who cannot live with their parents as a result of an eligible child 
protection intervention, is entitled to up to two days paid leave on up to five 
occasions per calendar year, to be taken at the time the placement of the child with 
the employee commences.   

35.39.2. For the purposes of this clause, foster and kinship care includes:  

a) Foster caring, which is the temporary care of a child of up to 18 years of age 
on a short-term basis by an employee who is an accredited foster carer.  

b) Kinship care, which is temporary care provided by an employee who is a 
relative or a member of the child's social network when the child cannot live 
with their parents.   

c) Aboriginal kinship care, which is temporary care provided by an employee 
who is a relative or friend of an Aboriginal child who cannot live with their 
parents, where Aboriginal family and community and Aboriginal culture are 
valued as central to the child’s safety, stability, and development.  

35.39.3. Eligible child protection interventions include emergency respite and short-term or 
long-term placements on a non-permanent basis, as issued by the Victorian 
Department of Families, Fairness and Housing (DFFH), the Children’s Court or 
other similar federal, state or judicial authority.   








 

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35.39.4. Subject to the approval of the employer, the paid leave provided in this clause may 
be used in conjunction with any other paid or unpaid leave entitlements the 
employee may be eligible for under this Agreement.  

35.39.5. In the case of foster carers, one occasion totalling up to two days duration may be 
used for accreditation purposes, including attending compulsory interviews or 
training.   

35.39.6. The employer may require the employee to provide reasonable evidence to satisfy 
themselves of the employee’s entitlement to leave under this provision. 

36. Gender transition leave  
36.1. The employer encourages a culture that is supportive of transgender and gender diverse 

employees and recognises the importance of providing a safe environment for employees 
undertaking gender transition.  

36.2. Gender transition refers to the process where a transgender employee commences living as a 
member of another gender. This is sometimes referred to as ‘affirming’ their gender. This may 
occur through medical, social, or legal changes.  

36.3. Employees may give effect to their transition in a number of ways and are not required to be 
undergoing specific types of changes, such as surgery, to access leave under this clause.  

36.4. Amount of gender transition leave  

An employee (other than a casual employee) who commences living as a member of another 
gender is entitled to gender transition leave for the purpose of supporting the employee’s 
transition. Gender transition leave will comprise:  

a) up to four weeks (20 days) paid leave for essential and necessary gender 
affirmation procedures, and  

b) up to 48 weeks of unpaid leave.  

36.4.1. The gender transition leave entitlements outlined in clause 36.4 (Amount of gender 
transition leave) are available to be taken by the employee within the first 52 weeks 
after they commence living as a member of another gender.   

36.4.2. Essential gender affirmation procedures may include:  

a) medical or psychological appointments; 

b) hormonal appointments; 

c) surgery and associated appointments;  

d) appointments to alter the employee’s legal status or amend the employee’s 
gender on legal documentation; or  

e) any other similar necessary appointment or procedure to give effect to the 
employee’s transition as agreed with the employer.  

36.4.3. An employee who is entitled to unpaid gender transition leave may, in conjunction 
with all or part of that leave, utilise accrued annual or long service leave provided 
that the combined total of all paid and unpaid leave taken does not exceed 52 
continuous weeks.   








 

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36.4.4. Gender transition leave may be taken as consecutive, single, or part days as 
agreed with the employer.   

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

36.5. Gender transition leave – casual employees  

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

36.6. Notice and evidence requirements  

36.6.1. An employee seeking to access gender transition leave must provide the employer 
with at least four weeks’ written notice of their intended commencement date and 
expected period of leave, unless otherwise agreed by the employer.  

36.6.2. An employee seeking to access gender transition leave may be required to provide 
suitable supporting documentation or evidence of their attendance at essential 
gender affirmation procedures. This may be in the form of a document issued by a 
registered practitioner, a lawyer, a state or territory or federal government 
organisation, statutory declaration or other suitable supporting documentation.   

36.6.3. For the purpose of this clause, registered practitioner has the same meaning as set 
out in clause 3 (Definitions and interpretation).  

37. Leave to participate in the First Peoples’ Assembly of Victoria  
37.1. An employee who is a member of the First Peoples’ Assembly of Victoria is entitled to up to 

10 days paid leave per calendar year to fulfil their official functions during their term of office.  

37.2. Leave will be available to attend sessions of the First Peoples’ Assembly of Victoria, 
participate in constituent consultation relevant to their role or for any other ancillary purpose 
as agreed with the employer.  

37.3. Where in any calendar year an employee exhausts their entitlement under this clause, the 
employee may be granted further paid or unpaid leave to support the employee’s 
representative functions.  Approval of any further leave under this clause will be at the 
discretion of the employer.  

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

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

38. Blood donation leave 
Leave may be granted to an employee without loss of pay to visit the Red Cross Blood Bank 
as a donor once every three months. 

 








 

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39. Eligible community service leave 
39.1. An employee who engages in an eligible community service activity is entitled to be absent 

from their employment without loss of pay for a period if the period consists of one or more of 
the following: 

a) time when the employee engages in the activity; 

b) reasonable travelling time associated with the activity; 

c) reasonable rest time immediately following the activity; and 

d) unless the activity is jury service, the employee’s absence is reasonable in all 
the circumstances. 

39.2. Each of the following is an eligible community service activity: 

a) jury service (including attendance for jury selection) that is required by or 
under a law of the Commonwealth, a State or a Territory;  

b) a voluntary emergency management activity, see clause 39.3; or 

c) an activity prescribed in regulations made for the purpose of clause 39.4. 

39.3. An employee engages in a voluntary emergency management activity if, and only if that 
activity involves dealing with an emergency or natural disaster and: 

a) the employee engages in the activity on a voluntary basis (whether or not the 
employee directly or indirectly takes or agrees to take an honorarium, 
gratuity or similar payment wholly or partly for engaging in the activity);  

b) the employee is a member of, or has a member-like association with, a 
recognised emergency management body; and 

c) either: 

(i) the employee was requested by or on behalf of the body to engage in 
the activity; or 

(ii) no such request was made, but it would be reasonable to expect that, 
if the circumstances had permitted the making of such a request, it is 
likely that such a request would have been made. 

39.4. A recognised emergency management body is: 

A body, or part of a body, that has a role or function under a plan that: 

a) is for coping with emergencies and/or disasters; and 

b) is prepared by the Commonwealth, a State or a Territory; or 

c) a fire-fighting, civil defence or rescue body, or part of such a body; or 

d) any other body, or part of a body, a substantial purpose of which involves: 

(i) securing the safety of persons or animals in an emergency or natural 
disaster;  

(ii) protecting property in an emergency or natural disaster;  

(iii) otherwise responding to an emergency or natural disaster; or 








 

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(iv) a body, or part of a body, prescribed by the regulations but does not 
include a body that was established, or is continued in existence, for 
the purpose or for purposes that include the purpose, of entitling one 
or more employees to be absent from their employment under this 
clause. 

39.5. Notice 

39.5.1. An employee who wants an absence from their employment to be covered by this 
clause must give their employer notice of the absence. 

39.5.2. The notice: 

a) must be given to the employer as soon as practicable (which may be a time 
after the absence has started); and 

b) must advise the employer of the period, or expected period, of the absence. 

39.6. Evidence 

An employee who has given their employer notice of an absence under clause 39 (Eligible 
community service leave), must, if required by the employer, give the employer evidence that 
would satisfy a reasonable person that the absence is because the employee has been or will 
be engaging in an eligible community service activity. 

39.7. Compliance 

An employee’s absence from their employment is not covered by this clause unless the 
employee complies with this section. 

40. Workplace training leave 
40.1. Health, and safety training leave 

40.1.1. An employee, upon election as a health and safety representative (HSR), shall be 
granted up to five days’ paid leave, as soon as practicable after election, to 
undertake initial health and safety representative training at a training provider 
approved by WorkSafe Victoria, having regard to course places and the employer’s 
operational requirements. The employer shall meet any reasonable costs incurred. 
Leave under clause 40.1.1 must only be granted to an employee on one occasion 
and is additional to any other leave granted under this provision. 

40.1.2. Additional paid leave will be approved for HSRs and deputy HSRs to attend annual 
refresher training in accordance with the OHS Act. 

40.2. Union training leave 

In order to encourage cooperative workplace relations and facilitate the operation of this 
Agreement, an employee who is a CPSU delegate and who makes a request to the employer 
to attend a designated trade union training course may, with the employer’s approval, be 
granted up to five days’ paid leave per annum for attendance at such training, provided that 
the granting of such leave will not unduly affect the employer’s operational requirements. The 
employer will not unreasonably refuse the granting of such training leave. 








 

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41. Family violence leave 
41.1. General principle 

41.1.1. The employer recognises that employees sometimes face situations of violence or 
abuse in their personal life that may affect their attendance or performance at work. 
Therefore, the employer is committed to providing support to staff that experience 
family violence. 

41.1.2. Leave for family violence purposes is available to employees who are experiencing 
family violence, and also 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. 

41.2. Definition of family violence 

41.2.1. The Family Violence Protection Act 2008 (Vic) defines family violence as behaviour 
by a person towards a family member that is:  

a) physically, sexually, emotionally, psychologically or economically abusive, 
threatening, coercive or in any other way controls or dominates the family 
member and causes that family member to feel fear for the safety or 
wellbeing of themselves or another person, or;  

b) behaviour by a person that causes a child to hear or witness, or otherwise be 
exposed, to the effects of the behaviour.  

41.2.2. Family relationships include people who are related to one another through blood, 
marriage or de facto partnerships, adoption and fostering relationships. They 
include the full range of kinship ties in Aboriginal and Torres Strait Islander 
communities, extended family relationships, and constructs of family within 
Lesbian, Gay, Bisexual, Transgender, Intersex or Queer (LGBTIQ) communities.   

41.3. Eligibility 

41.3.1. Leave for family violence purposes is available to all employees with the exception 
of casual employees. 

41.3.2. Casual employees are entitled to access leave without pay for family violence 
purposes. 

41.4. General measures 

41.4.1. Evidence of family violence may be required and can be in the form an agreed 
document issued by the police service, a court, a registered health practitioner, a 
family violence support service, district nurse, maternal and health care nurse or 
lawyer. A signed statutory declaration can also be offered as evidence. 

41.4.2. 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. 

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








 

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41.4.4. 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. 

41.4.5. An employee experiencing family violence may raise the issue with their immediate 
manager, family violence contacts, CPSU delegate or nominated People and 
Culture contact. The immediate manager may seek advice from People and Culture 
if the employee chooses not to see the People and Culture or family violence 
contact. 

41.4.6. Where requested by an employee, the People and Culture contact will liaise with 
the employee’s manager on the employee’s behalf and will make a 
recommendation on the most appropriate form of support to provide in accordance 
with clause 41.5 (Leave) and clause 41.6 (Individual support). 

41.4.7. The employer will develop guidelines to supplement this clause, which details the 
appropriate action to be taken in the event that an employee reports family 
violence. 

41.5. Leave 

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

41.5.2. An employee who supports a person experiencing family violence may utilise their 
personal/carer’s leave entitlement to accompany them to court, to hospital, or to 
care for children. The employer may require evidence consistent with clause 41.4.1 
from an employee seeking to utilise their personal/carer’s leave entitlement. 

41.6. Individual support 

41.6.1. In order to provide support to an employee experiencing family violence and to 
provide a safe work environment to all employees, the employer will approve any 
reasonable request from an employee experiencing family violence for: 

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

b) temporary or ongoing job redesign or changes to duties; 

c) temporary or ongoing relocation to suitable employment; 

d) change to their telephone number or email address to avoid harassing 
contact; or 

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

 








 

Victoria Legal Aid – Enterprise Agreement 2020–24 

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41.6.2. 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 to the terms and conditions applicable to the employee’s 
substantive position. 

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

41.6.4. An employee that discloses that they are experiencing family violence will be given 
information regarding current support services. 

42. Alcohol, drug or problem gambling addiction leave 
42.1. An employee, other than a casual employee, may be granted leave with or without pay to 

undertake an approved rehabilitation program where the employer is satisfied that: 

a) the employee’s work performance is adversely affected by the misuse of 
drugs or alcohol or problem gambling; 

b) the employee is prepared to undertake a course of treatment designed for 
the rehabilitation of persons with alcohol, drug or gambling related problems; 
and 

c) in the case of an alcohol or drug addiction, a registered practitioner has 
certified that in their opinion the employee is in need of assistance because 
of their misuse of alcohol or drugs and that the employee is suitable for an 
approved rehabilitation program; or 

d) in the case of problem gambling the employee satisfies the eligibility criteria 
for entry into an approved problem gambling rehabilitation program. 

42.2. On production of proof of attendance at an approved rehabilitation program in accordance 
with clause 42.1, an employee may be granted leave as follows: 

a) An employee who has completed two years’ continuous or aggregate service 
and who has exhausted all other accrued leave entitlements may be granted 
leave with pay as follows: 

Years of service First year of program Subsequent years of 
program 

2 years 20 days 15 days 

3 years 27 days 20 days 

4 years 33 days 25 days 

5 or more years 40 days 30 days 

b) An employee who has completed less than two years’ continuous or 
aggregate service and who has exhausted all other accrued leave 
entitlements may be granted leave without pay for the purposes of attending 
an approved rehabilitation program. 








 

Victoria Legal Aid – Enterprise Agreement 2020–24 

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43. Public holidays 
43.1. An employee, other than a casual, will be entitled to the following days without loss of pay: 

New Year’s Day; 26 January; Labour Day; Good Friday; Easter Saturday; Easter Sunday, 
Easter Monday; Anzac Day; Queen’s Birthday; Friday before the AFL Grand Final, Melbourne 
Cup Day; Christmas Day; and Boxing Day. 

43.1.1. When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be 
observed on 27 December. 

43.1.2. When Boxing Day is a Saturday or a Sunday, an additional holiday will be observed 
on 28 December. 

43.2. When New Year’s Day is a Saturday or Sunday, an additional holiday will be observed on the 
next Monday.  

43.3. When 26 January is a Saturday or Sunday, a holiday in lieu will be observed on the next 
Monday. 

43.4. Where in the whole or part of the State of Victoria additional or substituted public holidays are 
declared or prescribed on days other than those set out above, those days will constitute 
additional or substituted holidays for the purpose of this Agreement for employees who have 
their place of principal employment in a municipality to which the additional or substituted 
public holiday applies. 

43.5. An employer and the majority of affected employees may agree to substitute another day for 
any prescribed in this clause. Such an agreement will be recorded in writing and be available 
to every affected employee. 

43.6. Where, outside the Melbourne metropolitan area, a public holiday is proclaimed in that 
municipality for the observance of local events, that day will be observed as a public holiday in 
lieu of Melbourne Cup Day. Employees who have their principal employment in a municipality 
where Melbourne Cup Day is not observed as a public holiday, or in a municipality where a 
public holiday is not proclaimed for the observance of local events, will be granted one day’s 
leave in lieu of Melbourne Cup Day, to be taken on a day to be agreed between the 
employees concerned and their manager. 

Part 7 – Health, safety and wellbeing, and union related matters 
44. Section 1 – Union related matters  
44.1. The employer recognises the protections for members and/or officers of industrial 

organisations/unions as stated in section 346 of the Fair Work Act. 

44.2. On request, an accredited representative of the CPSU shall be released by the employer from 
normal duties for such periods of time as may be reasonably necessary to enable them to 
carry out their representative functions including, but not limited to: 

a) investigating any alleged breach of this Agreement; 

b) endeavouring to resolve any dispute arising out of the operation of this 
Agreement;  

c) participating in any bargaining, conciliation or arbitration process conducted 
under the provisions of the Fair Work Act; or 








 

Victoria Legal Aid – Enterprise Agreement 2020–24 

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d) facilitating resolution of employee matters. 

44.2.1. Such release: 

a) will not be unreasonably withheld; and 

b) must not unduly affect the operations of the employer. 

44.3. Right to representation  

44.3.1. Employees are entitled to be represented by the CPSU, or their nominated 
representative, in relation to matters arising under this Agreement. 

44.3.2. The CPSU, and/or alternate nominated representatives, may post or distribute 
written or electronic material in the workplace that is relevant to the workplace or 
relates to matters arising under this Agreement (provided this complies with the 
employers’ Code of conduct). 

44.3.3. Employees are entitled to reasonable time and access to electronic communication 
devices to facilitate communication between employees, the CPSU, and their 
nominated representative (provided such communication complies with the 
employer’s Code of conduct and does not unduly affect the employer’s operational 
requirements). 

44.4. Union attendance at workplace induction 

VLA will provide the employee with a copy of this Agreement and information regarding the 
role of the CPSU and/or CPSU delegates under the terms of this Agreement.  VLA will ensure 
that an induction process is developed and maintained for the purpose of educating new 
employees about its structures and policies.  VLA will ensure that the CPSU is included in the 
induction process and are provided with an opportunity to explain their role, functions and 
processes provided for under this Agreement.  

45. Section 2 – Health, safety and wellbeing  
45.1. Objectives 

45.1.1. This Agreement acknowledges and supports the rights of employees to work in an 
environment, which is, so far as is practicable, safe and without risks to health. The 
parties are committed to the promotion of a joint and united approach to 
consultation and resolution of occupational health and safety (OH&S) issues. 

45.1.2. The Agreement commits the parties to improving health and safety with a view to 
improving workplace efficiency and productivity. This will be accomplished through 
the ongoing development, in consultation with employees and their health and 
safety representatives, of management systems and procedures designed to, so far 
as is practicable to: 

a) identify, assess and control workplace hazards; 

b) reduce the incidence and cost of occupational injury and illness; 

c) identify and appropriately manage work and work practices which impact on 
OH&S; 

d) provide a rehabilitation system for employees affected by occupational injury 
or illness;  








 

Victoria Legal Aid – Enterprise Agreement 2020–24 

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e) consider the impact of changes to work practices and staffing on 
occupational health and safety; and 

f) ensure that HSRs can exercise their powers to the extent provided for in the 
OHS Act and the Occupational Health and Safety Regulations 2017 (Vic). 

45.1.3. OH&S statutory requirements, including regulations and codes of practice/ 
compliance codes, are minimum standards and will be improved upon where 
practicable. 

45.2. OH&S consultation 

45.2.1. Consultative mechanisms will be established to address OH&S issues. Such 
mechanisms will be: 

a) in accordance with the Victorian OHS Act;  

b) established in consultation with employees and their HSRs; and 

c) consistent with the employer’s agreed issue resolution procedures and the 
rights and functions of HSRs, consistent with the OHS Act.  

45.2.2. Where an OH&S committee is established, at least half the members shall be 
employees, including HSRs. 

45.2.3. The OH&S committee will operate within the requirements of the OHS Act and their 
terms of reference. 

45.2.4. A CPSU workplace representative may attend OH&S committee meetings (by 
giving notice) from time to time. 

45.3. OH&S training 

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

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

46. Rehabilitation and return to work 
46.1. The employer has an obligation to monitor employee health and is committed to a proactive 

approach to help employee rehabilitation and return to work from illness or injury irrespective 
of whether this is work related.  Where an employee is absent on sick leave for a period of 
more than one month, the employer expects that the employee will notify their manager of any 
significant factor(s) that may require some workplace adjustment to return to their full duties. 

46.2. Where adjustment is needed, the employer will work cooperatively with the employee’s 
treating medical practitioner to develop a return-to-work program. This may mean that the 
employee will have to provide their consent to allow their medical practitioner to provide 
details of their medical condition and/or any physical limitations to the employer. This will 
assist in developing an effective rehabilitation strategy to ensure a successful return to work 
that does not exacerbate or aggravate any existing medical condition.  Where an employee is 








 

Victoria Legal Aid – Enterprise Agreement 2020–24 

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absent on sick leave for repeated periods that accumulates to three months or more in the 
last 12 months, the manager may request the employee’s consent for the employer’s Return 
to work coordinator to speak to the employee’s treating practitioner. 

46.3. The purpose of this discussion will be to develop any appropriate rehabilitation and return to 
work strategies that minimise the risk of work aggravating or exacerbating any existing 
medical condition and confirm the expected duration of the absence so that arrangements can 
be made, if required, to staffing and workload levels. 

47. Critical incident response 
47.1. Employee support and debriefing 

47.1.1. The employer will provide support and debriefing to employees who have 
experienced a critical incident during the course of the work that results in personal 
distress or psychological trauma. The employer is committed to assisting the 
recovery of employees experiencing distress or trauma following a critical incident 
with the aim of returning employees to their pre-incident level of functioning, as 
soon as possible. 

47.1.2. A critical incident is defined as an event outside the range of usual human 
experience, which has the potential to easily overcome a person's normal ability to 
cope with stress. It may produce a negative psychological response in an employee 
who was involved in or witnessed, or otherwise deals with and/or is exposed 
through the course of their duties, to the details of such an incident.  

47.1.3. Critical incidents in the workplace environment include, but are not limited to: 

a) aggravated assaults; 

b) robbery; 

c) suicide or attempted suicide; 

d) murder; 

e) sudden or unexpected death; 

f) hostage or siege situations; 

g) discharge of firearms; 

h) vehicle accidents involving injury and/or substantial property damage; 

i) acts of self-harm by persons in the care of others; 

j) industrial accidents involving serious injury or fatality;  

k) accounts of sexual violence;  

l) accounts of child abuse and domestic violence; and  

m) any other serious accidents or incidents. 

 








 

Victoria Legal Aid – Enterprise Agreement 2020–24 

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48. Designated work groups 
48.1. The employer will consult with staff and the CPSU on designated work group (DWG) 

structures. 

48.2. Each elected HSR will be provided with reasonable access to facilities such as email, 
telephone, fax, office, and computer access, where available. An employee will be granted 
reasonable time release or paid time (including time in lieu) to attend to their functions as a 
HSR, including but not limited to regularly inspecting workplaces (as defined by their DWG), 
consulting with employees in their DWGs, OH&S representatives and other persons involved 
in the organising of employees’ health, safety and welfare. 

48.3. The employer will publish and maintain, current in each workplace, the names of elected 
HSRs for identified DWGs for the regular attention of all employees working in the workplace. 

48.4. The employer will maintain a current register of staff elected as HSRs and the DWGs they 
represent. This register will be published on the employer’s intranet and regularly brought to 
the attention of all employees. 

48.5. To monitor the maintenance of effective OH&S structures and training delivery the employer 
will maintain a central register of DWG’s and their HSRs. 

48.6. Information from the updated register will be provided periodically (quarterly) in electronic 
format to the CPSU. The information provided will be in accordance with the Privacy and Data 
Protection Act 2014 (Vic). Where possible, this information will include: 

a) a description, including the location, of each DWG within each workplace;  

b) the name of each elected HSR; and 

c) the date the HSR was appointed. 

 

  








Signatories 

Signed by: 

y (_.   l ..{ .(,: 

Louise Glanville 

Chief Executive Officer 

Victoria Legal Aid 

Level 9, 570 Bourke Street 

MELBOURNE VIC 3000 

Date: 10 May 2021 

Karen Batt 

Branch Secretary 

Community and Public Sector Union 

SPSF Group, Victorian Branch 

Level 4, 128 Exhibition Street 

MELBOURNE VIC 3000 

Date: /c?-l't-i /If /l1j d_ Oc2 /. 

Victoria Legal Aid - Enterprise Agreement 2020-24 

- 84 -


Signatories Signed by: Louise Glanville Chief Executive Officer Victoria Legal Aid Level 9, 570 Bourke Street MELBOURNE VIC 3000 Date: 10 May 2021 Karen Bart Karen Batt Branch Secretary Community and Public Sector Union SPSF Group, Victorian Branch Level 4, 128 Exhibition Street MELBOURNE VIC 3000 Date: 12th MAY 2021. Victoria Legal Aid - Enterprise Agreement 2020-24 - 84-




 



 

Victoria Legal Aid – Enterprise Agreement 2020–24 

- 85 - 

Schedule 1: wage increases (2% increase each year) 

Classification 01/12/2020 29/04/2021 29/10/2021 29/04/2022 29/10/2022 29/04/2023 29/10/2023 29/04/2024 

VLA 1 (min) 42,917 43,346 43,780 44,217 44,660 45,106 45,557 46,013 

VLA 1 (max) 52,414 52,938 53,467 54,002 54,542 55,088 55,638 56,195 

         

VLA 2 (min) 52,415 52,939 53,469 54,003 54,543 55,089 55,640 56,196 

VLA 2 (max) 71,283 71,996 72,716 73,443 74,177 74,919 75,668 76,425 

         

VLA 3 (min) 71,284 71,997 72,717 73,444 74,178 74,920 75,669 76,426 

VLA 3 (max) 92,246 93,169 94,100 95,041 95,992 96,952 97,921 98,901 

         

VLA 4 (min) 92,247 93,170 94,102 95,043 95,993 96,953 97,922 98,902 

VLA 4 (max) 115,307 116,460 117,624 118,801 119,989 121,188 122,400 123,624 

         

VLA 5 (min) 115,308 116,461 117,625 118,802 119,990 121,190 122,401 123,625 

VLA 5 (max) 146,754 148,222 149,704 151,201 152,713 154,240 155,782 157,340 

         

VLA 6 (min) 146,755 148,223 149,705 151,202 152,714 154,241 155,783 157,341 

VLA 6 (max) 168,813 170,502 172,207 173,929 175,668 177,425 179,199 180,991 

 

 








 

 

IN THE FAIR WORK COMMISSION 
 
FWC Matter No.:  

AG2021/5147 

 
Applicant: 
Victoria Legal Aid T/A Victoria Legal Aid 
 
 
Section 185 – Application for approval of a single enterprise agreement 
 

 

Undertaking – Section 190 
 
I, Louise Glanville, Chief Executive Officer, have the authority given to me by Victoria Legal 
Aid T/A Victoria Legal Aid to give the following undertakings with respect to the Victoria Legal 
Aid Enterprise Agreement 2020–24 ("the Agreement"): 

1. Notwithstanding clause 28.5.1, all accrued personal/carer’s leave may be taken as 
carer’s leave.  

2. Notwithstanding clause 43.5, the employer and an individual employee may agree to 
substitute another day for any prescribed in clause 43. 

3. Notwithstanding that the Agreement does not provide for work value levels as set out 
in the Victorian State Government Agencies Award 2015 (“the Award”): 

a. Every employee engaged under the classification VLA 1 or VLA 3 will be paid at 
least the minimum Award rate for the relevant classification grade and work value 
level under the Award plus $1. 

b. Every employee engaged under the classification VLA 1 or VLA 3, will be eligible 
to progress to the next work value level in accordance with clause 9.6 of the Award. 
This will not apply to those employees at the maximum work value level for their 
respective grade under the Award.  

4. In relation to the stand-by allowance: 

a. Notwithstanding the table at clause 26.15.7 the following amounts of stand-by 
allowance will be paid: 

Date payable Payable Amount 

1 December 2020 Per night $24.92 

1 December 2021 Per night $25.42 








 

 

1 December 2022 Per night $25.93 

1 December 2023 Per night $26.45 

1 December 2020 Per 24-hour period (day and night) $49.84 

1 December 2021 Per 24-hour period (day and night) $50.84 

1 December 2022 Per 24-hour period (day and night) $51.86 

1 December 2023 Per 24-hour period (day and night) $52.90 

b. Furthermore, for the life of the Agreement the stand-by allowance paid under 
clause 26.15.7 will be at least equivalent to the stand by allowance at clause 15.1 
of the Award.  

5. In relation to excess travelling time, for the life of the Agreement, the employer will 
apply clause 15.3(c) of the Award. 

6. In relation to motor vehicle allowance:  

a. Notwithstanding that clause 20.6 provides for reimbursement of kilometre costs 
based on the rates determined by the Australian Taxation Office, the employer will 
reimburse the kilometre costs at $0.80 per kilometre. 

b. For the life of the Agreement the motor vehicle allowance paid under clause 20.6 
will increase by 2% on 1 December each year. Provided that the motor vehicle 
allowance paid under clause 20.6 will at all times be at least equivalent to the 
motor vehicle allowance paid under clause 15.1 of the Award. 

7. In relation to higher duties allowance provided at clause 20.2: 

a. When the number of consecutive working days in terms of clause 20.2.1 is five or 
more, any public holiday(s) or authorised absence within the period or immediately 
following such period of higher duties, will be included for payment when 
calculating the allowance to be paid. 

b. In addition to clause 20.2.4, in the event where an employee who has been 
performing a higher duties position for 20 or more consecutive days proceeds 
upon annual leave, but does not return to the higher duties position upon return 
from leave, the employee will be paid the higher duties allowance for the entire 
period of annual leave. 

8. Notwithstanding the reference at clause 12.1.5 to trainees, for the life of the 
Agreement, no employee shall be engaged as a trainee under the Agreement.  

9. Notwithstanding clause 26.1.3, a part-time employee will be entitled to payment of 
overtime, or equivalent time-off, in accordance with clauses 26.1.5 and 26.1.6, where 
they are required to work outside their ordinary hours of work (i.e. their fixed working 
hours). 

10. In relation to the shift allowances at clause 25.3, a Monday to Friday – evening shift is 
for the period finishing after 6.30pm and at or before midnight. 

 








 

 

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

 

 
____________________________ 
Louise Glanville  
Chief Executive Officer 
Victoria Legal Aid 
 
28 May 2021  
____________________________ 
Date 
 
 
 
 

 

Cases cited by this decision: