G4S Custodial Services Pty Ltd (Port Phillip Prison) Correctional Services Workplace Agreement 2021

1

Fair Work Act 2009 
s.185—Enterprise agreement

G4S Custodial Services Pty Ltd
(AG2021/5749)

G4S CUSTODIAL SERVICES PTY LTD (PORT PHILLIP PRISON) 

CORRECTIONAL SERVICES WORKPLACE AGREEMENT 2021

Corrections and detentions

DEPUTY PRESIDENT MASSON MELBOURNE, 9 JULY 2021

Application for approval of the G4S Custodial Services Pty Ltd (Port Phillip Prison) 
Correctional Services Workplace Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the 
G4S Custodial Services Pty Ltd (Port Phillip Prison) Correctional Services Workplace 
Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair 
Work Act 2009 (the Act). It has been made by G4S Custodial Services Pty Ltd. The 
Agreement is a single enterprise agreement.

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

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

[4] I note that several clauses may be inconsistent with the National Employment 
Standards. Given the National Employment Standards precedence clause at clause 5.2 of the 
Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Community and Public Sector Union, being a bargaining representative for the 
Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In 
accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
16 July 2021. The nominal expiry date of the Agreement is 31 December 2023.

[2021] FWCA 4017

DECISION
FairWork 

Commission 


AUSTRALIA FairWork Commission








[2021] FWCA 4017

2

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE512169  PR731525


OF THE FAIR WORK USTRALIA ISSION THE SEAL




 



[2021] FWCA 4017

3

Annexure A

IN THE FAIR WORK COMMISSION 

FWC Matter No. 
AG2021/5749 

Applicant: 
G4S Custodial Services Pty Ltd 

Section 185 - Application for approval of a single enterprise agreement 

Undertaking - Section 190 

G4S Australia Pty Ltd 

AB_N. 64 100 I 04 658 
t.e-.,~14 
616 St l(;lda Road 
Me[bourne Vic 3004 
PO Box 7190 St l(;lda Road 
Me[bourne Vic 8004 
Austnlia 

I, Kristen Honeysett, Head of Workplace Relations have the authority g iven to me by G4S 
Custodial Services Pty Ltd to give the following undertakings with respect to the G4S Custodial 
Se1vices Pty Ltd (Po1t Phillip Plison) Correctional Se1vices Workplace Agreement 2021 ("the 
Agreement"): 

1 _ The following Subclause shall be inserted into c lause 25. ANNUAL LEA VE ENTITLEMENT 
of the Agreement 

25.1 (e)For the purpose of annual leave under the NES, a shiftworker is an employee who 
• works a roster and who, over the roster cycle, may be rostere-d to work 

ordinary shifts on any of the 7 days of the week; and 
• is regularly rostered to work on Sundays and public holidays. 

Shiftworkers, as defined above, will receive a minimum of 5 weeks/190 hours of 
annual leave per year. 

2. In relation to Clause 34. DISPUTE SETTLEMENT PROCEDURE of the Agreement: 

Clause 34.1 of the Agreement will be replaced with the following 

It is agree•d that the parties to this Agreement shall confer in good faith with a view to 
resolving any dispute in relation to a matter arising out of th is Agreement or the National 
Employment Standards. Employees are entitled to have a representative of h is/her choice 
at each stage of this procedure, this may include the CPSU. If the employee's first 
preference of chosen representative is unavailable or unwill ing to represent t he employee, 
the employee will be required to select an a lternative representative who is 
ava ila ble/wil ling. 

Clause 34 .4 of the Agreement will be replaced with the following 

34.4 If a d ispute in re lation to a matter arising out of the Agreement and/or a term of the 
NES is unable to be resolved at the workplace, and all agreed steps for resolving it /Jave 
been taken, the dispute may be referred to the Fair Work Commission for resolution by 
mediation and/or conciliation and, where the matter in dispute remains unresolved, 


G4S Australia Pty Ltd A.B.N. 64 100 104 658 Level 4 616 St Kilda Road Melbourne Vic 3004 PO Box 7190 St Kilda Road Melbourne Vic 8004 Australia IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/5749 Applicant: G4S Custodial Services Pty Ltd Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Kristen Honeysett, Head of Workplace Relations have the authority given to me by G4S Custodial Services Pty Ltd to give the following undertakings with respect to the G4S Custodial Services Pty Ltd (Port Phillip Prison) Correctional Services Workplace Agreement 2021 ("the Agreement"): 1. The following Subclause shall be inserted into clause 25. ANNUAL LEAVE ENTITLEMENT of the Agreement: 25.1(e)For the purpose of annual leave under the NES, a shiftworker is an employee who: works a roster and who, over the roster cycle, may be rostered to work ordinary shifts on any of the 7 days of the week; and is regularly rostered to work on Sundays and public holidays. Shiftworkers, as defined above, will receive a minimum of 5 weeks/190 hours of annual leave per year. 2. In relation to Clause 34. DISPUTE SETTLEMENT PROCEDURE of the Agreement: Clause 34.1 of the Agreement will be replaced with the following: It is agreed that the parties to this Agreement shall confer in good faith with a view to resolving any dispute in relation to a matter arising out of this Agreement or the National Employment Standards. Employees are entitled to have a representative of his/her choice at each stage of this procedure, this may include the CPSU. If the employee's first preference of chosen representative is unavailable or unwilling to represent the employee, the employee will be required to select an alternative representative who is available/willing. Clause 34.4 of the Agreement will be replaced with the following: 34.4 If a dispute in relation to a matter arising out of the Agreement and/or a term of the NES is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Fair Work Commission for resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, Securing Your World




 



[2021] FWCA 4017

4

arbitration. If arbitration is necessary the Fair Work Commission may exercise the 
procedural powers in relation to hearings, witnesses, evidence and submissions which are 
necessary to make the arbitration effective . 

3. The following Subclause shall be inserted into clause 20. HOURS AND ALLOCATION OF 
WORK of the agreement: 

20.1 (d)lndustrial Trainees will not be required to work ordinary hours on a Sunday during 
the Initial Training Course (ITC). 

4. The following Subclause shall be inserted into clause 13. CASUAL EMPLOYEES of the 
agreement: 

13.7 Public Holidays 
Casual employees required to work on public holidays will be paid the following hourly 
rates of pay: 

FFPPOOA 

effect ive 
vote up of 

this 

Casual Rates Of Pay - Public Holidays Agreement FFPPOOA 1 Jan FFPPOOA 1 Jan 
{inclusive of 25% casual load ing) {2021) 2022 2023 

Correctional Officer (Casual) $65.33 $66.96 $68.63 

Accredited Correctional Officer - 1 $67.66 $69.35 $71.09 

Accredited Correctional Officer - 2 $69.76 $71.51 $73.29 

For the avoidance of doubt, these rates of pay replace any other entitlement for additional 
payment on public holidays for casual employees within the agreement 

5. The following Subclause shall be inserted into clause 13. CASUAL EMPLOYEES of the 
agreement: 

13.8 Sundays 
Casual employees required to work on a Sunday will be paid the following hourly rates of 
pay: 

FFPPOOA 

effective 

vote up of 

this 

Casual Rates Of Pay - Sundays Aereement FFPPOOA 1 Jan FFPPOOA l Jan 
{inclusive of 25% cas ual loading) (2021) 2022 2023 
Correctional Officer (C11su11 I) $53.23 $54.56 $55.92 
Accredited Correctional Officer - 1 $55.13 $56.51 $57.92 
Accredited Correctional Officer - 2 $56.84 $58.27 $59.72 


GAS arbitration. If arbitration is necessary the Fair Work Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. 3. The following Subclause shall be inserted into clause 20. HOURS AND ALLOCATION OF WORK of the agreement: 20.1(d) Industrial Trainees will not be required to work ordinary hours on a Sunday during the Initial Training Course (ITC). 4. The following Subclause shall be inserted into clause 13. CASUAL EMPLOYEES of the agreement: 13.7 Public Holidays Casual employees required to work on public holidays will be paid the following hourly rates of pay: FFPPOOA effective vote up of this Casual Rates Of Pay - Public Holidays Agreement FFPPOOA 1 Jan FFPPOOA 1 Jan (inclusive of 25% casual loading) (2021) 2022 2023 Correctional Officer (Casual) $65.33 $66.96 $68.63 Accredited Correctional Officer - 1 $67.66 $69.35 $71.09 Accredited Correctional Officer - 2 $69.76 $71.51 $73.29 For the avoidance of doubt, these rates of pay replace any other entitlement for additional payment on public holidays for casual employees within the agreement. 5. The following Subclause shall be inserted into clause 13. CASUAL EMPLOYEES of the agreement: 13.8 Sundays Casual employees required to work on a Sunday will be paid the following hourly rates of pay: FFPPOOA effective vote up of this Casual Rates Of Pay - Sundays Agreement FFPPOOA 1 Jan FFPPOOA 1 Jan (inclusive of 25% casual loading) (2021) 2022 2023 Correctional Officer (Casual) $53.23 $54.56 $55.92 Accredited Correctional Officer - 1 $55.13 $56.51 $57.92 Accredited Correctional Officer - 2 $56.84 $58.27 $59.72




 



[2021] FWCA 4017

5

6. In relation to clause 20. HOURS AND ALLOCATION OF WORK of the Agreement 

Subclause 20.9 Payment for Additional Hours (overtime) will be replaced with the 
following: 

20.9 Payment for Additional Hours (overtime) 

Permanent and Fixed Term employees will be paid at 150% of the Hourly Rate applicable 
when they are required to: 

• work additional hours/shifts that will result in tlhe employee working more than 38 
hours per week on average over the roster cycle; 

• work more than five (5) rostered shifts in any seven (7) consecutive day cycle; or 
• work more than 12.75 hours in a shift. 

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

~· 
7 July 2021 


6. In relation to clause 20. HOURS AND ALLOCATION OF WORK of the Agreement: Subclause 20.9 Payment for Additional Hours (overtime) will be replaced with the following: 20.9 Payment for Additional Hours (overtime) Permanent and Fixed Term employees will be paid at 150% of the Hourly Rate applicable when they are required to: . work additional hours/shifts that will result in the employee working more than 38 hours per week on average over the roster cycle; work more than five (5) rostered shifts in any seven (7) consecutive day cycle; or . work more than 12.75 hours in a shift. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. 7 July 2021




 



 
 
 
 
 

 

 
 
 
 
 

G4S Custodial Services Pty Ltd 
(Port Phillip Prison) 

 

Correctional Services  
Workplace Agreement 2021 

 
  






Valos
Undertakings



G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

2 

 

 

 

Part 1-AGREEMENT TITLE AND ARRANGEMENT  

1.  Agreement Title 4 

2.  Agreement Coverage And Parties Bound 4 

3.  Term Of Agreement  4 

4.  Definitions 4 

5.  Relationship with NES, Award And Other Agreement 6 

Part 2- EMPLOYMENT RELATIONSHIP  

6.  Quality Of Service 6 

7.  Quality Of People 6 

8.  Quality Of Environment 8 

9.  G4s Staffing Statement 8 

Part 3- CONTRACT, REMUNERATION AND CONDITIONS OF EMPLOYMENT  

10.  Contract Of Hiring 9 

11.  Permanent Employees 9 

12.  Fixed Term Employees 9 

13.  Casual Employees 10 

14.  Custodial Officer Classification 11 

15.  Out Of Pocket Expenses 11 

16.  Eft Payments 11 

17.  Allowances 12 

18.  Wage Adjustments 13 

19.  Superannuation 13 

20.  Hours And Allocation Of Work 14 

21.  Personal Leave 17 

22.  Compassionate Leave 19 

23.  Fitness For Work 20 

24.  General Conditions - Annual Leave 20 

25.  Annual Leave Entitlement 20 

26.  Annual Leave Management 21 

27.  Additional Public Holidays 22 

28.  Long Service Leave 22 

29.  Community Service Leave 23 

30.  Defence Force Leave 23 

31.  Parental Leave Provisions 23 

32.  Family and Domestic Violence Leave 24 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

3 

 

 

 

 
 
Part 4- CONSULTATION, DISPUTES RESOLUTION AND DISCIPLINARY 
PROCESS 

 

33.  Consultative Committee 25 

34.  Dispute Settlement Procedure 
 

25 

35.  Dealing with Employee Grievances 26 

36.  Disciplinary Process 
 

26 

Part 5- TERMINATION, CHANGE AND REDUNDANCY   

37.  Termination Change And Redundancy 28 

38.  Introduction Of Change 30 

39.  Redundancy 31 

40.  Flexibility 34 

Part 6- OTHER MATTERS  

41.  Company Policies And Procedures 35 

42.  No Extra Claims 35 

43.  Posting Of Agreement 35 

44.  Costs Of Employment Related Legal Proceedings 35 

45.  Work Place Relations 35 

Part 7- APPENDICES  

Appendix 1        Salary Increases 
 
Part 8 – SIGNATORY PAGE  

38 
 
39 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

4 

 

 

Part 1 - AGREEMENT TITLE AND ARRANGEMENT 
 
1.  AGREEMENT TITLE 
 

This Agreement shall be known as the G4S Custodial Services Pty Ltd. (Port Phillip 
Prison) Correctional Services Workplace Agreement 2021 and consists of the following 
parts. 
 
Part 1.   Agreement Title and Arrangement 
 
Part 2.   Employment Relationship 
 
Part 3.   Contract, Remuneration and Conditions Of Employment 
 
Part 4.   Consultation, Disputes Resolution and Disciplinary Process 
 
Part 5   Termination, Change and Redundancy 
 
Part 6  Other Matters 
 
Part 7   Appendices  
 

2.  AGREEMENT COVERAGE AND PARTIES BOUND 
 
2.1 This Agreement is made under Part 2 – 5 of the Fair Work Act 2009 (Cth). 
 
2.2 This Agreement applies to and covers; 

 
(i) G4S Custodial Services Pty Ltd;  

 
(ii) all employees engaged in any of the classifications specified in clause 14 and 

Part 7 Appendix 1 of this Agreement in respect of work performed at Port 
Phillip Prison and/or St Augustine's Ward at St Vincent's Hospital or other 
places employees are directed in the course of their duties; and 

 
(iii) the CPSU, subject to notice being given to the Fair Work Commission pursuant 

to s183 of the Fair Work Act. 
 

3.  TERM OF AGREEMENT 
 

3.1 The Agreement will commence seven (7) days after it is approved by the Fair Work 
Commission and will have a nominal expiry date of 31 December 2023. 
 
 

3.2 The parties agree to begin negotiations on a new agreement no less than three months 
prior to the nominal expiry date of this Agreement. 
 

4.  DEFINITIONS 
 

For the purposes of this Agreement, the following explanations of terms apply: 
 

4.1 "Act" - means the Fair Work Act 2009. 
 

4.2 "Annualised Salary" - is the rate of pay payable to the employee, including all loadings, 
penalties and allowances, save for; 

(a) Additional hours as provided for in clause 20.9; 
(b) The Allowances provided for in clause 17. 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

5 

 

 

 
4.3 "Carry Firearms" - means suitably qualified officers rostered to work and/or performing 

the duties of an Escort Officer; Control Room Officer designated to issue firearms 
during rostered shift; Tactical Operations Group (TOG) member where required; or 
officers designated on the disposition sheet to carry responsibility for the performance 
of Perimeter Security Vehicle (PSV) duties or as directed by the Manager Security and 
Emergency Operations. 
 

4.4 "Casual Employees" - means an employee who is engaged and paid as such but does 
not include a part-time or full-time employee. 
 

4.5 "Company" - means G4S Custodial Services Pty. Ltd. ACN 050 069 255 
 

4.6 "Custodial Officers" - all employees who are or who have been trained and employed 
as custodial officers. 
 

4.7 "Customer" - means the Department of Justice / Corrections Victoria. 
 

4.8  “Daily Disposition” - means the list of staff rostered for duty at the “workplace” for day 
 and night shifts produced for each day and night of the year and includes the 
 following information:  the planned work location of each rostered employee, the 
 number of employees rostered to each area of the workplace and the total number of 
 employees rostered to the workplace. 

 
4.9 "Employees/Staff/Personnel" -means persons employed by G4S Custodial Services 

Pty Ltd, to whom this Agreement applies (being those described in clause 2.2).  
 

4.10 "Employer/Company" - means G4S Custodial Services Pty. Ltd. 
 

4.11 "Fixed term employees" - means an employee who works a fixed period of time based 
either 38 hours per week or agreed part time hours for a set period of time required to 
undertake a particular operational need. 
 

4.12 "G4S" - means G4S Custodial Services Pty. Ltd. ACN 050 069 255 
 

4.13 "Hourly Rate" - means the applicable Annualised Salary divided by 1976 hours. 
 

4.14 "Immediate Family" means a spouse (including a former spouse, a de facto partner and 
a former de facto partner) of the Employee. A de facto partner means a person who 
lives with the Employee as his or her husband or wife on a bona fide domestic basis; 
and a child or an adult child (including an adopted child, a step child or an ex-nuptial 
child including an adult child), parent, grandparent, grandchild, or sibling of the 
employee or spouse of the Employee. 
 

4.15 "Initial training period" - (ITC) means the duration of the induction training course for 
correctional officers. 
 

4.16 "NES" - means the National Employment Standards of the Fair Work Act 2009. 
 

4.17 "Part time employees" - means an employees who works less than full-time hours of 
an average of 38 per week; has reasonably predictable hours of work; and receives, 
on a pro rata basis, equivalent pay and conditions to those of full-time employees who 
do the same kind of work. 
 

4.18 "Permanent Staff" or "Permanent Employees" - means an employee who is engaged 
to work on an on-going basis whether full time or part time. 
 

4.19 "Prison" - means Port Phillip Prison 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

6 

 

 

 
4.20 “Roster” - means the list of employees rostered for shift work over a roster cycle 

showing each  employee’s: date of shift, starting and finishing times of shift, and 
planned location of work within the workplace.  
 

4.21 "Shift Worker" - means an employee who works a roster cycle where their ordinary 
hours are rostered outside the span of hours of 6.00am and 6.00pm on any day of the 
week. A shift worker's roster cycle will provide for an average of 38 ordinary hours over 
the roster cycle. 
 

4.22 "Tribunal" - means Fair Work Commission 
 

4.23 "Union" or "CPSU" - means The Community and Public Sector Union. 
 

4.24 "Work place" - Port Phillip Prison and/or St. Augustine's Ward at St. Vincent's Hospital, 
Victoria or other places employees are directed in the course of their duties. 

 
5.  RELATIONSHIP WITH NES, AWARD AND OTHER AGREEMENT 

 
5.1 This Agreement operates to the exclusion of all previous awards and orders of the 

Commission and replaces all previous certified agreements in respect of the 
Employees. However any entitlement in the nature of an accrued entitlement to an 
individual's benefit which has accrued under any such previous certified agreement will 
not be affected by the making of this Agreement. 
 

5.2 This Agreement should be read and interpreted in conjunction with the National 
Employment Standards (“NES”). Where there is an inconsistency between this 
Agreement and the NES and the NES provides a greater benefit, the NES provisions 
will apply to the extent of the inconsistency. 
 

5.3 No employee will, on balance, have his or her overall pay and conditions reduced as a 
result of the making of this Agreement. 

 
Part 2 - EMPLOYMENT RELATIONSHIP 
 
6.  QUALITY OF SERVICE 

 
6.1 Policies and Procedures 
 

(a) G4S have a series of policies and procedures covering the manner in which work 
is performed and employees are expected to comply with those policies and 
procedures, as amended from time to time. 
 

(b) Consultation on any changes will occur through established processes, involving 
Employees and when required their nominated representative, and, the customer. 

 
7.  QUALITY OF PEOPLE 

 
7.1 Presentation 
 

(a) G4S Employees must maintain the highest level of personal presentation. 
 

(b) G4S shall provide each employee with appropriate uniform and equipment, which 
must be worn, cleaned, and maintained in accordance with G4S's Standards of 
Dress Policy and Occupational Health and Safety Personal Protective Clothing 
requirements as determined from time to time. 

 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

7 

 

 

(c) Replacement/additional uniform and equipment items shall be issued as and when 
required in accordance with procedures developed through the normal consultative 
processes and in accordance with the Standards of Dress Policy and Occupational 
Health and Safety Personal Protective Clothing requirements as determined from 
time to time. 

 
(d) Uniforms remain the property of G4S and must be returned upon request or 

termination of employment. 
 
7.2 Operational Instructions 
 

(a) Operational Instructions, Emergency Orders and position descriptions will be 
issued from time to time to ensure Employees are aware of requirements of their 
role. G4S shall ensure that there is a full set of Operational Instructions approved 
by the Customer available to all Employees. 
 

(b) Employees must be fully conversant with all relevant Operational Instructions and 
Emergency Orders. This shall be achieved through Induction Training, Standing 
Orders and, staff briefing sessions. If an Employee is unsure about any Operational 
Instructions or Emergency Orders, he or she should seek guidance from their 
supervisor. 

 
(c) Changes to Operational Instructions or Emergency Orders shall be implemented 

as and when required. The consultation procedures outlined in Part 4 will be 
utilised. 

 
7.3 Position Descriptions 

 
All G4S Employees shall have access to a position description relevant to their role. 
This will be available electronically via the company intranet system or upon request. 
Where appropriate the position description shall complement information contained in 
Operating Instructions, and Emergency Orders. 

 
7.4 Training 
 

(a) All Employees shall be given training, appropriate to their classification and 
position. 
 

(b) All training required for the role, shall be provided by G4S Custodial Services Pty 
Ltd at no cost to the Employee. 

 
(c) Hours spent on training are to count as hours worked. 
 

7.5 Firearms 
 
Where an Employee is required by G4S to carry firearms, initial training in the use of 
such firearm shall be provided. Refresher courses shall be conducted at twelve monthly 
intervals or as prescribed  by the relevant Regulations. 

 
(a) Training time shall count as hours worked. 

 
(b) Such training shall be at the expense of G4S. 
 

7.6 Performance Appraisals 
 

(a) Performance appraisals shall be a standard feature of employment at Port Phillip 
Prison. 
 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

8 

 

 

(b) Appraisals shall provide the basis for ongoing career development, internal 
promotions and background information in the disciplinary and counselling process. 

 
(c) The performance appraisals shall be anchored in the competencies which initial 

and continuing training seek to develop. 
 

8.  QUALITY OF ENVIRONMENT  
 

8.1 Occupational Health and Safety 
 

(a) This Agreement acknowledges and supports the rights of Employees to work in an 
environment, which is, so far as is practicable, safe and without risks to health. 
 

(b) 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. 

 
8.2 Occupational Health and Safety Committee 
 

(a) The Occupational Health and Safety Committee shall continue to function under its 
own Charter and in accordance with the Occupational Health and Safety Act 2004. 
 

(b) Members of the Committee shall be trained at company expense and operate with 
management support. 

 
9.  G4S STAFFING STATEMENT 

 
9.1 Flexibility 
 

(a) The parties agree that during the life of this Agreement, changes may be introduced 
to enable work to be performed in the most flexible manner and to encourage 
Employees to carry out their duties to the full extent of their skill and competence. 
 

(b) The parties agree to co-operate fully in the process of change and to contribute to 
and participate in the development of more efficient and effective ways of operating. 
The parties will utilise the consultative mechanisms and procedures contained in 
Part 4. 

 
9.2 Staff Rotation: 
 

(a) To ensure operational effectiveness a system of staff rotation will be considered 
each year taking into consideration the operational needs of the prison. 
 

(b) This does not preclude staff movements due to: 
(i) Long Term Absences, 
(ii) Disciplinary Matters, 
(iii) Special Projects, 
(iv) Secondment Opportunities, 
(v) Career Development 
(vi) or normal staff attrition. 

 
(c) The process of rotation is detailed in the Staff Rotation Policy. This policy will be 

reviewed and where necessary be adjusted on an as needs basis, by involvement 
of employees through the Consultative Committee. Staff will be provided an 
adequate period of notice prior to any rotations being undertaken. 

 
  








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

9 

 

 

Part 3 - CONTRACT, REMUNERATION AND CONDITIONS OF EMPLOYMENT 
 
10.  CONTRACT OF  EMPLOYMENT 

 
10.1 In the absence of an express contract to the contrary, the contract of employment of 

Employees covered by this Agreement shall be deemed to be of a permanent (as 
defined) nature. 
 

10.2 Each new Employee appointed to a classification covered by this Agreement shall be 
subject to a probationary period of six months inclusive of the initial training period. 
Unsuccessful completion of initial training or unsatisfactory work performance during 
any part of the probationary period shall be deemed sufficient reason for G4S to 
terminate the employment contract by the serving of one week's notice. 
 

10.3 Nothing contained in this Agreement shall diminish G4S's rights at common law to 
dismiss an Employee without notice for misconduct or other sufficient cause. 
 

11.  PERMANENT EMPLOYEES 
 

11.1 Full-Time Employees 
 

Employees may be appointed as full time employees to work on a rotating roster that 
averages 38 hours per week over a roster cycle. 

 
11.2 Part Time Employees 
 

(a) Employees may request to work on a part time basis. Any request to work on a part 
time basis will be assessed against the operational requirements of the 
organisation. 
 

(b) Provisions relating to salary, leave and all other entitlements apply to part time 
employees on a pro rata basis calculated on the number of ordinary hours worked. 

 
(c) Part time employment may be worked only by agreement between the employee 

and the employer where that agreement includes a roster specifying: 
(i) The days in each fortnight the employee will work; 
(ii) The start and finish times on the days which the employee will work; 
(iii) The number of hours the employee will work on each day; and 
(iv) Agreed processes for the variation of hours of work 

 
(d) Such agreed rostered hours will be considered the employee's ordinary hours. 
 
(e) All time worked in excess of the agreed rostered hours will be overtime and paid 

for at the rates prescribed in clause 20.9 
 

12.  FIXED TERM EMPLOYEES 
 

12.1 The use of fixed term contract positions will not be for the purpose of undermining the 
job security or conditions of ongoing employees. 
 

12.2 The use of fixed term employment is limited to: 
 
(a) Contracted Temporary bed arrangements with Corrections Victoria; 

 
(b) Replacement of staff proceeding on approved leave; 
 
(c) Meeting fluctuating client and staffing needs and unexpected increased workloads; 
 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

10 

 

 

(d) Undertaking a specified task for which is funded for a specific period; 
 
(e) Filling a vacancy resulting from an employee undertaking a temporary assignment 

or secondment; 
 
(f) Temporarily filling a vacancy where following an appropriate selection process, a 

suitable ongoing employee is not available; or 
 
(g) Filling a vacant role whilst a review of the area is undertaken, provided that such 

appointment does not exceed a period of 12 months. 
 

12.3 Fixed Term Employees shall receive the same conditions of employment as full time 
employees or in cases where they work less than an average of 38 hours per week, 
the same conditions as part time employees. 
 

12.4 Conversion Of Fixed Term Positions To Permanent Status 
 
(a) Port Phillip Prison management agrees that the current fixed term custodial officers 

will be classified to permanent or casual employment status as appropriate. 
 

(b) Fixed term custodial officers will be offered permanent (on-going) employment 
status subject to the following conditions. 

(i) An ongoing position becomes available; 
(ii) Completion of satisfactory performance appraisal; and 
(iii) Selection based on merit and interview. 

 
13.  CASUAL EMPLOYEES 
 
13.1 The use of casual labour will not be for the purpose of undermining the job security of 

ongoing employees, for the purpose of turning over a series of casual workers to fill 
ongoing employment vacancy or as a means of avoiding obligations under this 
Agreement. 
 

13.2 Therefore, the employment of casuals in all areas covered by this Agreement is limited 
to meeting requirements to; 
 
(a) cover unplanned absences; 

 
(b) meet operational requirements of the service; 

 
(c) attend to emergency situations; 
 
(d) to cover short term work demands of specialist skill requirements which are not 

continuing and would not be anticipated to be made by existing staffing level's. 
 

13.3 Casual Employees shall be employed by the hour as required by the operations of the 
Prison and be paid a 25 % loading on the Hourly Rate of pay applicable to the 
equivalent full time Employee classification. 
 

13.4 Casual employees are not entitled to any paid leave with the exception of any leave 
required to be granted by legislation. Except as expressly provided for, all other 
provisions of this Agreement apply to casual employees. 
 

13.5 Appointment To Custodial Positions of Casual Employees 
 
(a) G4S agrees to maintain staffing levels by appointment from the existing pool of 

casuals followed by internal or external recruitment as circumstances dictate. 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

11 

 

 

(b) Any such appointments made will be subject to the standard merit selection process 
and be carried out in a systematic timely manner having regard to the minimum 
requirements associated with the creation of induction training courses. 

 
13.6 Right to Request Casual Conversion 

 
(a) G4S will make an offer of permanent employment to an eligible casual employee in 

accordance with the NES.  
(b) Casual employees have the right to request to be converted to permanent 

employment in accordance with the NES.   
 

14.  CUSTODIAL OFFICER CLASSIFICATION 
 

14.1 An induction trainee is an Employee who commences in the custodial officer stream 
who has not yet satisfactorily completed his or her initial training period (as defined) 
which also forms part of the six-month probationary period. 
 

14.2 A custodial officer is an officer who has completed the induction trainee course, but has 
not as yet qualified for advancement to accredited custodial officer 
 

14.3 An Accredited Custodial Officer Level 1 (AC01) is an Employee who can provide 
evidence to show they have satisfactorily completed not less than two (2) years full 
time or equivalent service and attained a level 3 certificate of accreditation as a 
custodial officer. 

 
14.4 An Accredited Custodial Officer Level 2 (AC02) is an Employee who has completed a  

Further 2 years full time or equivalent service from the date of their appointment to 
ACO1. 
 

14.5 A Supervisor is an Employee who is suitably qualified, has attained at a minimum a 
level 3 certificate in Correctional Practice or equivalent work experience, and who has 
been selected and appointed as a custodial supervisor. 

 
 
15.  OUT OF POCKET EXPENSES 

 
15.1 All reasonable and legitimate expenses incurred by Employees in the course of their 

duties will be reimbursed by G4S. 
 

15.2 Under normal circumstances, prior approval for expected work related expenses must 
be received before accepting any transactions, which incur a cost and will require 
reimbursement. 
 

15.3 Where an Employee is required to travel to a different work site during the course of 
his or her shift using his or her private vehicle, a taxi or a hired vehicle, the company 
will reimburse the Employee for the additional travel cost. Prior approval must be 
received and evidence of the expense provided. 

 
16.  EFT PAYMENTS 

 
16.1 Wages shall be paid fortnightly by Electronic Funds Transfer into an account at any 

financial institution nominated by the Employee, no later than on the Wednesday of the 
pay week. 
 

16.2 Should the Wednesday of the pay week fall on a public holiday, the EFT will be made 
in sufficient time to allow the funds to be accessed on the last banking day before the 
Wednesday. 
 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

12 

 

 

17.  ALLOWANCES 
 

17.1 Incidence Allowance 
 
An employee shall be paid a 6% allowance calculated using the annualised salary for each 
hour worked in anyone or more of the following capacities: 

 
(a) Intelligence Collator; 

 
(b) Fire Awareness Officer; 

 
(c) Gym Officer with Vic Fit with or equivalent accreditation; 

 
(d) The Carrying of Firearms as defined; 

(e) Trainer / Facilitator. Qualified Staff who undertake these duties must be appropriately 
accredited to receive the allowance; 
 

(f) SASH officer; and  
 

(g) STAR Team member when called upon. 
 
17.2 Baton and Gas Allowance  

 
From January 1, 2018, employees who are required to carry baton and gas for more 
than half a shift, payment shall be made of a 6% allowance on their annualised salary 
for the whole shift. 
 

17.3 Dog Handler Allowance 
 

(a) A Dog Handler shall be paid a 10% allowance based on annualised salary and in 
addition to their annualised salary for the period they are engaged as a Dog 
Handler. 

 
17.4 Only One Allowance Payable 

 
(a) Where an employee undertakes work that spans more than one (1) of the capacities 

at clause 17.1, 17.2 and/or 17.3 an allowance will only be applied once. 
 

(b) For example: a trainer taking a class in firearms will not receive 6% allowance for 
training plus 6% for carrying the firearm. The 6% will only be applied once in respect 
of both. 

 
17.5 Calculation of allowance 
 

The allowances at 17.1, 17.2 and 17.3 shall be calculated based on the pay point for 
the classification in which the employee is ordinarily engaged. 

 
17.6 On call Allowance - TOG 
 

TOG members rostered on call will receive a nightly rate of $35.00 for each night of on 
call. If called to attend the workplace and they attend in response to that call an 
additional $20.00 will be paid for each attendance. The application of Overtime and 
Allowances will be additional to this allowance. 

 
  








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

13 

 

 

17.7 Travel Allowance 
 
In accordance with the G4S Travel Allowance policy, employees undertaking company 
business in their personal vehicle will be reimbursed reasonable travel expenses. 

 
17.8 Higher Duties Allowance 
 

Where an Employee is called upon to perform the full duties of a position carrying a 
higher rate than his or her ordinary classification, and the time involved is for more than 
half a rostered shift, payment shall be made at the higher rate for the whole shift. 

 
18.  WAGE ADJUSTMENTS 
 
 

Date of Effect 
 
1st full pay period on or after this Agreement 
is voted up 
 
1st full pay period on or after 1 January 2022 
 
1st full pay period on or after 1 January 2023   
 

Percentage Increase 
 

2.5% 
 

                                2.5% 
 

2.5% 
 

 
 
19.  SUPERANNUATION 

 
19.1 The subject of superannuation is dealt with extensively by legislation including the 

Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee 
Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the 
Superannuation (Resolution of Complaints) Act 1993. 
 

19.2 The legislation, as varied from time to time, governs the superannuation rights and 
obligations of the parties. 
 

19.3 Ordinary Time Earnings - Superannuation 
 

For the purposes of the Superannuation Guarantee (Administration) Act 1992 ordinary 
time earnings means an Employee's wage rate determined in accordance with this 
Agreement. 

 
19.4 Superannuation Fund 
 

G4S shall make contributions to the Australian Super Fund on behalf of the Employee 
in accordance with the minimum requirements prescribed by the Superannuation 
Guarantee (Administration) Act 1992. Employees may make application to G4S to have 
contributions made to another complying superannuation fund. 

 
19.5 Salary Sacrifice 
 

(a) G4S recognises the varying needs of staff to have some freedom in determining 
their final superannuation benefit and has therefore agreed to offer employees the 
opportunity to make voluntary personal superannuation contributions by way of 
salary sacrifice. 
 

(b) Any contributions made by means of salary sacrifice will constitute a component of 
the wage/salary structures and the Company will not be required to increase such 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

14 

 

 

Employee's wage or salary to reflect any contributions made under provisions of 
this clause. 

 
(c) In the event that the law governing superannuation and taxation changes in such a 

way as to make the objective of this clause ineffective or illegal, the Company will 
advise Employees concerned, and the salary sacrifice contribution or choice of 
funds arrangement will cease or be amended. 

 
20.  HOURS AND ALLOCATION OF WORK 

 
20.1 Hours of Work - Correctional Staff 
 

(a) Hours of work (other than for casuals and part-time Employees) shall be an average 
of 38 hours per week over the roster cycle. 
 

(b) For purposes of rostering and hours calculation, a working week starts on a Sunday 
and ends the following Saturday and is subject to the following:- 

 
(i) Not more than five (5) rostered shifts shall be required to be worked over 

any seven (7) consecutive day cycle; 
 

(ii) The shift length will vary between a minimum of four (4) hours and a 
maximum of 12.75 hours; 
 

(iii) No scheduled working calendar week shall be longer than 56 hours or 
shorter than 24 hours except where a single rostered shift would result or a 
single day off occurs. 

 
(c) Employees will not be required to work more than fifteen (15) hours in any 24 hour 

period other than in an operational emergency. 
 
20.2 Rostering and Operational Requirements 
 

(a) Dispositions 
 

(i) Daily dispositions will be completed in a timely manner to ensure the 
effective and required operation of the Prison is undertaken. 
 

(ii) Where there is a requirement due to a Public Holiday or Weekend, or at 
management discretion, the daily disposition will be completed in advance 
based on the planned leave information and staffing availability. 

 
(iii) Rosters will be reviewed as and when required and altered in order to 

ensure that Weekends and Night rosters are evenly spread across all 
relevant lines, and that the Health and Safety of any change on employees 
are considered whilst maintaining the good order of the prison. Consultation 
on any changes made will occur through the established processes, 
involving employees and consultative committees and consistent with the 
consultation provisions of Part 4 of this Agreement. 

 
(iv) Where amendments to the daily dispositions are required at short notice 

those shifts shall be allocated to rostered staff, then to available staff as 
appropriate, taking into consideration the operational and security 
requirements of the Prison. If an employee would have attracted an 
allowance in accordance with Clause 17 for the originally rostered shift, the 
employee will still be paid the allowance for that shift. 

 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

15 

 

 

(v) Changes to rostering are based on operational and customer requirements 
provided that the consultation provisions of Part 4 of the Agreement have 
been complied with. 

 
20.3 Meal Break 
 

(a) Employees in classifications required to work shift work shall be allowed a meal 
break of not less than forty-five minutes. Time allowed as meal or crib breaks shall 
be regarded as time worked. During these breaks, staff shall be expected to 
respond to any emergency, which may occur during that time. 
 

(b) Custodial employees are not permitted to leave the prison site during such breaks 
without prior approval of their supervisor or manager. Meal breaks will be taken at 
a time convenient to the Employer no sooner than 4 hours and no later than 8 hours 
after the commencement of the shift and shall only be taken once a reliever has 
been provided to cover the period of the break. After 12.75 hours of work, staff will 
be entitled to another 45 minute break, consistent with this clause. 

 
(c) G4S will make every effort to provide all Employees with a meal break. However, 

there may be circumstances where a break is not made available and in such 
circumstances, an Employee and G4S may agree that the Employee will forgo their 
meal break in exchange for the payment of an extra 45 minutes for the shift such 
extra time to be paid at 150% of the particular Employee's rate of pay. 

 
(d) Owing to the variation in the duration of prisoner escorts, escorting officers can only 

have a break either between escorts or on completion of escorts. Should the length 
of shifts not allow sufficient time during the shift or after completion of escorts for a 
break to be taken, then subject to prior approval by the General Manager or 
Operations Manager, Escort Officers will be paid an extra hour's pay at 150%. 

 
(e) In instances where the employee is required to be away for the normal work place 

e.g.: bed sits, medical procedures, external escort for a period of greater than six 
(6) hours, where a meal break is not able to be taken; the employee, subject to prior 
approval by the General Manager or Operations Manager, will be paid at 150% of 
the employees rate of pay.  

 
20.4 Meal and Allowances 
 

In situations where correctional/custodial staff are required to work in excess of 12.75 
continuous hours at the work place, both permanent and casual staff will be provided 
with a meal and in situations where it is not possible to do so be paid an overtime meal 
allowance. 
 

First full pay period on or after 
the date this Agreement is voted 
up 

First full pay period 
on or after 1 Jan 
2022 

First full pay period 
on or after 1 Jan 
2023 

$ 17.57 $18.01 $18.46 
 

 
20.5 Rest period before recommencing work 
 

(a) Employees shall be rostered such that there is at least a 10-hour break between 
shifts. 
 

(b) If an employee works additional hours such that it is not possible to have 10 hours 
break between shifts the employee may be excused from duty for the first portion 
of the next shift until such time as a 10-hour break is achieved without loss of pay. 

 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

16 

 

 

(c) G4S may require an employee attend for work without having taken a 10-hour break 
between shifts in which case the employee will be paid additional time rates in 
accordance with clause 20.9 of this Agreement until released from duty. 

 
20.6 Rosters 
 

(a) Rosters will be displayed at least two (2) weeks in advance and daily disposition 
lists will wherever practicable be displayed at least twenty four (24) hours in 
advance. Amendments to the daily disposition will be made, as needed, within the 
constraints of any agreements relating to minimum safe staffing levels, to account 
for sick leave, other unplanned staff absences and for escort type duties not 
provided for on the roster 

 
(b) An employee will not have their roster changed without 14 days' notice of the 

intended change unless otherwise agreed to, an hour's adjustment must be made 
to achieve the average 38 hour week. 

 
20.7 Additional Work Hours (overtime) 

 
The parties recognise employees may be required to work additional hours in order to 
meet the operational requirements of the service or attend to emergency situations as 
determined by management 

 
20.8 System of Additional Work Hours (overtime) 
 

(a) The process for allocation of additional hours will be maintained. The allocation of 
additional hours 'call in' list will be operated to ensure equitable access to additional 
work hours for available employees. The 'call in' list will be available for all staff to 
view. 

(b) (i) Any employee who has exhausted all their personal leave will be removed from 
the ‘call in’ list until they have returned to a positive balance of 12 hours personal 
leave 
(ii) Any employee who takes personal leave without pay without approval from the 
General Manager will be removed from the ‘call in list’ for the remainder of the pay 
period. 
 

(c) A maximum of 50 employees classified as casual who are available to work on a 
regular basis will be maintained within the pool on the additional hours 'call in’ list. 

 
(d) Additional hours for Supervisors will be offered on a rotational basis. All Supervisors 

will be placed in a pool for available Overtime. 
 
(e) Acting Supervisors will be offered additional hours as a Supervisor where a vacant 

line exists and requests to permanent supervisors have been exhausted. Acting 
Supervisors on extended period of secondment will be placed in the Supervisor 
Overtime pool, for the period of the Secondment as a supervisor. 

 
(f) Permanent Supervisors will be offered Correctional Officer positions after all other 

available employees have been exhausted. 
 

20.9 Payment for Additional Hours (overtime) 
 

Permanent and Fixed Term employees will be paid at 150% of the Hourly Rate 
applicable for the additional hours worked. 

 
 
 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

17 

 

 

21.  PERSONAL LEAVE 
 

21.1 Principles (Sick And Carers) 
 
Permanent and Fixed Term Employees are entitled to paid personal leave, in 
accordance with the NES and this clause, if they are unable to attend work because of 
a personal injury or illness (sick leave), or because they have to care for a member of 
their immediate family or a member of their household who requires care and support 
because of a personal illness, or injury, of the member, or an unexpected emergency 
affecting the members immediate family (Carer's leave). 

 
21.2 Personal Leave Accrual 
 

(a) Permanent and Full Time Fixed Term Employees at the time this Agreement will be 
entitled to accrue personal leave credits on a pro rata basis each fortnight as 
follows: 
 

(i) For employees employed prior to 27 May 2007, four (4) weeks (152 hours) 
per year accrued. 
 

(ii) For employees employed after 27 May 2007: three (3) weeks (114 hours) 
per year for the first five (5) years and thereafter four (4) weeks (152 hours) 
per year accrued. 

 
(iii) For employees employed after 22 June 2011, three (3) weeks (114 hours) 

per year accrued. 
 

(b) Part Time Employees covered by the terms of this Agreement will be entitled to pro-
rata credits based on the proportion of the full time Employee entitlement having 
regarded to hours worked in accordance with the NES. 
 

(c) Unused personal leave credits at the end of each accrual year will carry over and 
accumulate. 

 
(d) Payment during periods of absence is based on the rostered hours that the 

employee would have been required to work had they not been absent Payment 
will be made from employee's accrued entitlements. 

 
21.3 Personal Leave for Illness or Injury 
 

(a) If an Employee is unable to attend work because of injury or illness, the Employee 
must inform G4S as soon as is reasonably practicable. 
 

(b) If the Employee fails to provide notice prior to the commencement of their shift, G4S 
may require the employee provide evidence explaining the reason for the late 
notification. 

 
(c) The employee must notify their absence in accordance with G4S leave policy. 

When notifying of absence the Employee must specify the period or expected 
period of the leave. 

 
21.4 Evidence Requirements 
 

(a) If an employee is absent from work and such absence is covered by personal, 
carer's or compassionate leave the Employee will be required to provide evidence 
of the reason for the leave to the satisfaction of the Company and in accordance 
with the NES and the company's leave policy. 
 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

18 

 

 

(b) Employees absent for work for a period greater than one (1) continuous days will 
be required to provide suitable documentary evidence in the form of a medical 
certificate. 

 
(i) Employees are able to utilise up to five (5) days or part thereof per year in 

single day absences without documentary evidence. Single day absences 
in excess of the five (5) days per year will require suitable documentary 
evidence. 

(ii) Suitable evidence will be in the form of a medical certificate from a 
recognised medical practitioner. 

(iii) Statutory declarations will not be considered suitable evidence. 
(iv) Casual Employees have no entitlement to paid personal leave. 

 
(c) Employees will not be permitted to take personal leave without pay without the 

approval of the General Manager. If an employee does take personal leave without 
pay without approval from the General Manager, the employee will be subject to a 
disciplinary process of warnings and possible termination of employment.   

 
21.5 Carers Leave 

 
(a) An employee who has responsibilities to a member of his or her immediate family 

or household will be entitled to use accrued personal leave to care for members of 
their immediate family or household because of: 
 

(i) a personal illness or injury of the member; or 
(ii) an unexpected emergency affecting the member 

 
(b) Employees are required to provide G4S with appropriate and satisfactory evidence 

in respect of the absence in the form of a medical certificate stating that in the 
opinion of the health practitioner, the Employee's immediate family member or 
member of their household was suffering a personal illness or injury during the 
period necessitating care by the employee. Statuary declarations will not be 
considered suitable evidence. 
 

 
(c) Where an employee is required to take an extended period of leave to care for a 

member of their immediate family, an application can be made to the General 
Manager for a continuation of carers leave payment to be utilised from available 
accrued personal leave. 

 
(d) In circumstances where an eligible employee has exhausted their paid carer's leave 

entitlement, the employer will allow the employee either; 
 

(i) an additional two (2) days unpaid carers leave per year, for days which they 
may have otherwise claimed paid carer's leave; or 
 

(ii) to utilise two (2) days accrued paid personal leave. 
 
(e) The decision as to which of these options is utilised will be decided by the employer, 

after reviewing the employee's current unused personal leave credits. 
 

(f) The same evidence requirements apply to unpaid carers leave as apply to paid 
carers leave. 

 
(g) Casual employees may access up to two (2) days unpaid carer's leave, subject to 

meeting the notice and evidence conditions above. 
 
 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

19 

 

 

21.6 Payment for periods of paid personal and carers leave 
 

(a) Periods of Personal Leave shall be paid based on the Employee's Annualised 
Salary. 
 

(b) Personal leave is not payable:- 
i. for periods of absence on paid workers compensation; 
ii. upon termination of employment; 
iii. to casual Employees 

 
21.7 Cash Out of Personal Leave 

 
(a) Subject to this clause and the provisions of the Act, an employee may elect to forgo 

portion of his/her paid personal leave entitlement and receive payment in lieu for 
the amount of leave foregone. 
 

(b) An employee may not forgo more than 38 hours personal leave in any 12- month 
period between 1 December in one year and 30 November in the following year. 

 
(c) Commencing on 1 December each year an employee may elect to forgo: 

i. up to 38 hours personal leave - if no personal leave was utilized in the period 
identified; or 

ii. The balance of 38 hours personal leave - where less than 38 hours personal 
leave was utilized in the period identified 

 
(d) An employee with 15 or less months' service as 30 November in any year is not 

permitted to forgo personal leave. 
 

(e) A request to forgo personal leave must be made in writing and approved by the 
General Manager Port Phillip Prison or in his absence the Operations Manager. 

 
(f) Payment in lieu of personal leave forgone will be made at the hourly rate applicable 

to the employee concerned at the time the request is approved 
 
(g) No cashing out of Personal Leave will be allowed if the cashing out would result in 

the employee's remaining accrued entitlement to paid personal/carers leave being 
less than 114 Hours. 

 
22.  COMPASSIONATE LEAVE 

 
22.1 Permanent and Fixed Term Employees will receive a grant of paid leave in addition to 

Personal Leave entitlement for up to two (2) days per occasion: 
 

(a) where an immediate family member or member of the employees household has a 
personal illness, or injury, that poses a serious threat to his or her life; or 
 

(b) after the death of an employee's immediate family or member of the employee's 
household. 

 
22.2 Payment is based on the Annualised Salary for the hours the employee would have 

worked on the day of the absence. 
 

22.3 Employees must advise G4S as soon as possible of their need to take compassionate 
leave. Compassionate leave is non-cumulative. 
 

22.4 G4S may require employees to produce suitable evidence to support claims for 
compassionate leave. Evidence requirements are the same as those in the Act. 
 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

20 

 

 

22.5 A casual employee may request unpaid time off from work in accordance with this 
clause. 
 

23.  FITNESS FOR WORK 
 

23.1 G4S may require, with the approval of the General Manager or delegated Executive 
Manager, an employee to absent themselves from work if it is believed that the 
employee is a risk to themselves or others due to personal injury or illness. 
 

23.2 G4S may require, with the approval of the General Manager or delegated Executive 
Manager, the Employee undergo medical assessment organised by G4S to determine 
ongoing fitness for work. G4S will pay the cost of such an assessment including 
providing transport to and from the assessment. 
 

23.3 Where G4S requires an Employee to undergo a medical assessment, and where this 
results in a delay in the Employee returning to work, the delay will in the first instance 
be deducted from personal leave. Should the medical assessment determine that the 
Employee is fit to return to work without restriction, the used personal leave credits will 
be reaccredited. 
 

23.4 Employees absent for work for a period greater than two (2) continuous days may be 
otherwise required to provide medical evidence that that are able to return to work 
without risk to self or others. 

 
24.  GENERAL CONDITIONS - ANNUAL LEAVE 
 
24.1 Annual leave shall be paid on the pay day preceding the leave being taken provided at 

least 14 days’ notice is provided, utilising accrued leave entitlements. 
 

24.2 Annual leave is payable based on the employee’s Annualised Salary for the number of 
hours they would have worked during the period of annual leave.  
 

24.3 The salary paid to employees absorbs and offsets any other entitlement to leave 
loading and no additional annual leave loading is payable pursuant to this Agreement.  
 

24.4 Any annual leave accrued but not taken will be paid out on termination of employment 
based on the employee’s Annualised Salary at that time.  
 

24.5 Annual leave requests will be considered in the light of the operational needs of G4S 
and in particular the requirement that there are sufficient staff resources available 
during periods of leave to maintain the effective operation of the prison.  
 

24.6 Cash Out of Annual Leave 
 

(a) An Employee may request to cash out annual leave on a maximum of 2 occasions 
per calendar year and such request must be in writing. 
 

(b) Such request will only be granted in accordance with G4S's Remuneration Policy 
and the requirements of the Act and having regard to the operational needs of G4S 
and such approval is at the sole discretion of G4S. 

 
(c) Payments approved under this clause will be made based on the Employee's 

Annualised Salary at the time of the payment. 
 

25.  ANNUAL LEAVE ENTITLEMENT 
 

25.1 Custodial Officers - Shift Work 
 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

21 

 

 

(a) Custodial Officers required to work a 7 day roster pattern that includes 10 or more 
Sundays shall receive 7 weeks (266 hours), annual leave each year. Each week's 
paid annual leave shall therefore consist of a nominal 38 hours. Such leave shall 
accrue at the rate of 5.1154 hours for each week of service so rostered. 
 

(b) All other Custodial Officers who are rostered to work on public holidays shall receive 
6 weeks (228 hours) annual leave each year. Such leave shall be accrued at the 
rate of 4.3846 hours for each week of service. 

 
(c) Custodial Officers required to work a roster pattern that includes less than 10 

Sundays over the annual leave accrual year, shall be granted additional leave at 
the rate of 3.8 hours in respect of each Sunday so rostered. 

 
(d) The annual leave entitlement in this clause includes an allowance for all public 

holidays or days off in lieu of public holidays worked. 
 

25.2 Custodial Officers - Other 
 

(a) Non-shift Custodial Officers covered under this Agreement who are ordinarily 
rostered; 

i. each day of Monday to Friday but not weekends 
ii. working a span of hours between 7:00am and 5:00pm 

 
(b) shall receive four (4) weeks (152 hours) Annual Leave each year. 

 
(c) In addition, these employees will receive a paid day off for each Public Holidays 

gazetted. 
 
(d) If a Public Holiday is worked by an employee under this clause, the employee will 

receive additional payment of 150% of the Hourly Rate for all hours worked. 
 
26.  ANNUAL LEAVE MANAGEMENT 

 
General  

 
26.1 Annual leave will be for a period agreed between the employer and employee. The 

employer will take into account the operational needs of the employer and personal 
preferences of employees.  

 
26.2 For the avoidance of doubt, a dispute about the application of this clause may be dealt 

with under the dispute settlement procedure.  
 
Annual Leave Plans 
 

26.3 Employees are required to submit an Annual Leave Plan by 31 October each year 
outlining their preferred dates for annual leave to be taken in the following year.  
 

26.4 The annual leave plan will cover all but two (2) weeks of the accrued annual leave for 
a shift worker or one (1) out of four (4) weeks of accrued leave for non-shift work 
employees. 
 

26.5 G4S will confirm the outcome for all requests submitted in an Annual Leave Plan by 31 
December each year.  
 

26.6 Approval of preferred dates submitted in Annual Leave Plans is subject to operational 
and staffing requirements, and G4S will take into account employee requests including 
any particular needs of the employee.  
 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

22 

 

 

26.7 Once annual leave has been approved as part of an Annual Leave Plan, it cannot be 
changed or cancelled by either party unless by mutual agreement.  
 

26.8 The remainder of the annual accrual in all instances will be able to be used as single 
day leave applications to be taken within the accrual year. All single day applications 
will be assessed against operational need of the requested days and must be provided 
for consideration no less than 48 hours in advance of requested leave day 

 
Non agreed leave arrangements 
 

26.9 Where an Employee’s preferred dates cannot be accommodated, the Employee’s 
manager must consult with the employee to agree on alternative dates for leave to be 
taken.  
 

26.10 In the event that annual leave dates cannot be mutually agreed, or an Annual Leave 
Plan is not submitted by the required date, the parties agree that G4S will schedule 
leave. G4S must provide at least one month’s written notice of all leave scheduled 
under this clause.  
 
Roster/post rotation 
  

26.11 If a roster/post rotation occurs, which was not known by the employee at the time the 
Annual Leave Plan was submitted, and which increases the amount of leave required 
to be taken to allow for the equivalent time off, the impacted employee’s manager will 
consult with the employee to achieve a mutually agreed resolution, taking into 
consideration what is reasonable in the circumstances.  

 
Excessive Annual Leave 
 

26.12 If an Employee has more than 380 hours of accrued and unused annual leave G4S 
may require the Employee to take a period or periods of leave such that the remaining 
accrued leave is not more than the amount the Employee would be entitled to accrue 
in 1 year. 
 

26.13 G4S and the Employee shall in these circumstances attempt to agree the period of 
leave and the timing of the leave to be taken, but in the absence of agreement G4S 
may direct the leave to be taken upon provision of one month's notice and paid from 
employees accrued entitlements. 
 

27.  ADDITIONAL PUBLIC HOLIDAYS 
 

Employees who are rostered to work their ordinary hours on additional public holidays 
and who do work are entitled to the following payments 
 
(a) in the case of Easter Sunday an additional 50% of the hourly rate for each hour 

worked effective 1.1.18. 
 

(b) in the case of the Friday before the AFL Grand Final an additional 150% of the 
hourly rate for each hour worked. 

 
28.  LONG SERVICE LEAVE 

 
Long Service Leave entitlements shall be in accordance with the Victorian Long Service 
Leave Act 2018. Provided all employees shall be able to make application to access 
their entitlement to Long Service Leave after ten (10) years of service. Applications for 
Long Service Leave will be granted subject to G4S operational requirements. 

 
 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

23 

 

 

29.  COMMUNITY SERVICE LEAVE 
 

29.1 Community Service Leave, including payment for jury service, is provided for in the 
NES. 
 

29.2 On occasion, a staff member will be called to assist in situation of emergency and/or 
need within the community. G4S recognizes the contributions staff make to their own 
local and wider communities in providing the necessary support and expertise at these 
times. 
 

29.3 G4S shall make up any loss of pay by full-time and part-time employees arising out of 
any leave requirement for eligible voluntary emergency activity as defined by the NES 
to a maximum of 38 hours in any one year unless expressly advised by the General 
Manager of the Prison, taking into consideration the circumstances of the time. 
 

29.4 Casual Employees are not entitled to paid leave for voluntary emergency activity. 
 

30.  DEFENCE FORCE LEAVE 
 

30.1 The company shall grant an officer who is a member of the Defence Force Reserve 
unpaid leave as per the requirements of the Defence Reserve Services (protection) Act 
2001. 
 

30.2 The employee may be required to provide evidence of their requirement to attend 
Defence Force Reserve activities if so requested. 
 

30.3 An employee who undertakes a period of Defence Forces leave which takes them away 
from the workplace for a total continuous period of 26 weeks or greater may be required 
to be assessed against the contracted training requirements of the position as a 
correctional officer / supervisor prior to commencing on rostered shift and undertake 
refresher training. 
 

31.  PARENTAL LEAVE PROVISIONS 
 

31.1 Parental Leave is available to eligible employees to take leave from work to care for 
their child, in association with the child’s birth or adoption, and in accordance with the 
NES. 

 
31.2 Eligible Employees  

 
(a) Full-time and part-time employees are eligible for paid and unpaid parental leave if 

they have completed at least 12 months of continuous service with the employer at 
the time of commencing parental leave. 

(b) Casual employees are eligible for unpaid parental leave if: 
(i) They are a long term casual employee of the employer immediately prior to 

commencing parental leave; and 
(ii) But for the taking of parental leave, the employee would have a reasonable 

expectation of continuing engagement with the employer on a regular and 
systematic basis. 

 
31.3 Entitlement 

(a) Eligible employees are entitled to a total of 52 weeks of parental leave, inclusive of 
paid and unpaid parental leave.  








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

24 

 

 

(b) Employees may utilise their paid Annual Leave and Long Service Leave 
entitlements during the period of unpaid parental leave, so that the total combined 
period of leave taken is 52 weeks. 

(c) Employees may apply to extend the period of parental leave for a further 52 week 
period. Requests to extend parental leave must be in writing with a minimum of 4 
weeks’ notice, and the Employer may refuse the request on reasonable business 
grounds.  

(d) Eligible Primary Carers (i.e. the person who has assumed the principal role for 
taking care of the child) shall receive eight (8) weeks of paid parental leave, subject 
to clause 31.3(f). 

(e) Eligible Secondary Carers (i.e. de facto partner/spouse) shall receive one (1) week 
of paid parental leave, subject to clause 31.3(f).  

(f) Paid Parental Leave must be taken in one single continuous period, and can be 
taken at half pay if requested.  

(g) Casual employees are not entitled to paid Parental Leave.  
 

 
32.  FAMILY AND DOMESTIC VIOLENCE LEAVE 

 
32.1 An employee is entitled to 1 week/38 hours of paid family and domestic violence leave 

in a 12 month period, if: 
(a) the employee is experiencing family and domestic violence; and 
(b) the employee needs to do something to deal with the impact of the family and 

domestic violence; and 
(c) it is impractical for the employee to do that thing outside the employee’s ordinary 

hours of work.  
 

32.2 Family and domestic violence is violent, threatening or other abusive behaviour by a 
close relative of an employee that: 

(a) seeks to coerce or control the employee; and 
(b) causes the employee harm or to be fearful.  

 
A close relative is a member of the employee’s immediate family, or someone who is 
related to the employee according to Aboriginal or Torres Strait Islander kinship rules.  

 
32.3 The family and domestic violence leave: 

(a) is available in full at the start of each 12 month period of the employee’s 
employment; and 

(b) does not accumulate from year to year; and 
(c) is available in full to part-time and casual employees. 

 
32.4 The employee may take paid family and domestic violence leave as: 

(a) a single continuous period; or 
(b) separate periods of one or more shifts each; or 
(c) any separate periods to which the employee and the employer agree, including 

periods of les than 1 full shift.  
 

32.5 The General Manager Port Phillip Prison may at his/her discretion, provide additional 
paid and/or unpaid leave to deal with the impact of family and domestic violence.  
 

32.6 An employee must give his/her manager notice of the need to take family and domestic 
violence leave, and the notice: 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

25 

 

 

(a) must be given to the manager as soon as practicable (which may be a time after 
the leave has started); and 

(b) must advise the manager of the period, or expected period, of the leave.  
 

32.7 An employee taking family and domestic violence leave may be required to provide 
G4S with evidence that would satisfy a reasonable person of the need to take leave in 
accordance with clause 32.1. 

 
PART 4 - CONSULTATION, DISPUTES RESOLUTION AND DISCIPLINARY PROCESS 
 
33.  CONSULTATIVE COMMITTEE 

 
33.1 The parties to this Agreement acknowledge that G4S has the ultimate responsibility to 

make decisions relating to the direction and operation of Port Phillip Prison, and that 
the General Manager may make decisions affecting the prison and its staff that are 
reasonable in all the circumstances, it is accepted that the best outcomes will be 
achieved if a culture of communication and consultation is encouraged.  
 

33.2 Port Phillip Prison will operate a Consultative Committee within the workplace for the 
purposes of: 

(a) Ongoing consultation regarding the introduction of change as outlined in clause 
38.1; 

(b) Ongoing monitoring and assessment of the implementation of this Agreement; 
and 

(c) To consult on any disputes that may arise, without limiting or overriding any 
rights or obligations under clause 34. Dispute Resolution Settlement Procedure.  
 

33.3 The composition and structure of the Committee will be determined by mutual 
agreement between the General Manager, Port Phillip Prison and emloyees. The 
CPSU will be consulted on the composition and structure of the Committee. 
 

33.4 The Consultative Committee is a forum for the constructive resolution of issues that 
may arise, and where management, employees and where appropriate, external 
service providers (“Partners”) that are contracted to deliver ongoing essential services 
to the prison are able to express their points of view and thus contribute to the 
management decision making process. All parties are committed to working through 
issues with a genuine goal of mutually acceptable outcomes.  
 

34.  DISPUTE SETTLEMENT PROCEDURE 
 

34.1 It is agreed that the parties to this Agreement shall confer in good faith with a view to 
resolving any dispute in relation to a matter arising out of this Agreement or in relation 
to the National Employment Standards. 
 

34.2 Where appropriate the matter must first be discussed by the aggrieved Employee with 
his or her immediate supervisor. 
 

34.3 If the matter is not settled, the Employee can require that the matter be discussed with 
another representative of G4S appointed for the purposes of this procedure. The 
Employee is entitled to have a representative of his/her choice present at this 
discussion. 
 

34.4 If a dispute in relation to a matter arising out of the Agreement is unable to be resolved 
at the workplace, and all agreed steps for resolving it have been taken, the dispute may 
be referred to the Fair Work Commission for resolution by mediation and/or conciliation 
and, where the matter in dispute remains unresolved, arbitration. If arbitration is 
necessary the Fair Work Commission may exercise the procedural powers in relation 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

26 

 

 

to hearings, witnesses, evidence and submissions which are necessary to make the 
arbitration effective. 
 

34.5 It is a term of this Agreement that while the dispute resolution procedure is being 
conducted work will continue normally unless an Employee has a reasonable concern 
about an imminent risk to his or her health or safety. 
 

34.6 Any dispute referred to the Fair Work Commission under this clause will be dealt with 
in accordance to the process set by the Fair Work Commission. 
 

34.7 G4S and Employees must co-operate to ensure that these procedures are carried out 
expeditiously. 
 

35. DEALING WITH EMPLOYEE GRIEVANCES 

The parties agree that employee grievances may be dealt with in accordance with this 
clause. At all stages of the process an employee is entitled to be supported by a CPSU 
delegate. 

Step 1 – If an employee experiences a problem or has a workplace grievance, the 
employee should raise this problem/grievance with their supervisor or manager in the 
first instance. Given the nature of shift operations at the prison, problems/grievances 
can be raised in person, through PPP email or in writing.  

Step 2 – If the supervisor or manager is unable to resolve the problem/grievance, the 
employee can raise the problem/grievance with a more senior manager in the particular 
department of the prison and/or HR.  

Step 3 – Should the problem/grievance still remain unresolved to the satisfaction of the 
employee, the employee may raise with the Deputy General manager or the Human 
Resources Manager, a formal grievance detailing the nature of the problem and 
resolutions sought to resolve the problem/grievance. The formal grievance must be 
acknowledged within 24 hours were practicable. The acknowledgement will include 
advising of the proposed steps to deal with the matter.  

Step 4 – Should there still be no resolution to the problem/grievance, the grievance 
can be referred to the General Manager for resolution.  

If the matter cannot be resolved through this process and the problem/grievance 
involves a provision of the enterprise agreement, it may be referred to the Fair Work 
Commission in accordance with clause 33. Dispute Settlement Procedure.   

 
 

36. DISCIPLINARY PROCESS 
 
36.1 In dealing with alleged breaches of conduct or performance standards, the employer 

must: 
 

a) Convene a meeting with the employee to inform them on any preliminary 
allegations and the proposed next steps. This should include informing the 
employee of the range of potential disciplinary outcomes, if the allegations are 
substantiated; 

b) Provide the employee with information regarding the process to be followed, 
including that an employee is entitled to have a support person present, or be 
represented by the union, at each stage of the process;  

c) Provide a reasonable opportunity for the Employee to seek advice from the Union 
before and during the process:  








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

27 

 

 

d) Take all reasonable steps to ensure that the process is conducted expeditiously; 
e) Afford the employee procedural fairness and natural justice at all stages of the 

process. 

36.2 Investigation of alleged misconduct  
 Where a formal investigation is required, the employer: 

a) May appoint an independent person ( i.e. someone who has no prior involvement 
in the matter) to conduct an investigation into the allegations (this may be a 
person external to the location if the employer deems it necessary in the 
circumstances);  

b) Will ensure the employee has all of the allegations in writing, including any 
additional allegations emerging during the investigation; 

c) Will ensure the investigation includes interviews of all relevant witnesses; 
d) Will ensure findings are made on the balance of probabilities on the basis of the 

evidence collected; 
e) Will provide full particulars of the alleged breaches, including any disclosable 

documentary evidence, prior to determining an outcome; 
f) Will provide the Employee with the investigation findings and details of any 

evidence upon which they are based;  
g) Will allow the Employee to properly respond to the findings and alleged breaches, 

including allowing an opportunity to provide any evidence or witnesses to assist 
them in responding to the findings and alleged breaches, prior to determining and 
outcome; and  

h) Provide the employee a reasonable period of time to respond to the findings. 

36.3 Suspension from Duty 

It may be necessary to suspend an employee from normal duties in some 
circumstances, such as where their actions or conduct may result in a risk to the 
security, health and/or safety of others or the workplace, or a risk to the business. Such 
circumstances may include, but are not limited to: 

a) Where retention of the employee in the workplace may impede the investigation; 
b) Where retention of the employee in the workplace may be seen as the company 

condoning the alleged behaviour;  
c) Where retention of the employee in the workplace may worsen/escalate the 

allegation(s); 
d) Where retention of the employee in the workplace may expose the company to 

reputational damage.  
Managers must obtain approval from the relevant Director, who will consult with the 
Human Resources Direction before suspending an employee. Notwithstanding the 
above, suspending an employee should only ever be done with good justification and 
should be used as a last resort. If an employee is suspended: 

e) They must be suspended with pay; 
f) They must be suspended for the minimum time necessary for the investigation to 

be finalized; 
g) The Employer may direct the employee to return company property for the 

duration of the investigation; 
h) The Employer may impose conditions on the employee. Such conditions may 

include when and how to report for meetings, that the employee must make 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

28 

 

 

themselves available for meetings with the Company and not to communicate 
with specific people or attend the workplace without the Company’s permission.  

i) Any condition imposed under (h) must not prevent an employee seeking advice 
from the union or a legal representative.  

It is vital that the Manager who advises an employee of their suspension does so 
without implying any guilt.  
Suspension of an employee must be in writing stating the reasons for suspension, the 
period of the suspension and the process to be undertaken.  
An employee who is suspended may appeal their suspension with the Director – 
Corrections Services.  

36.4 Determination of discipline outcome  
Where it has been determined that allegations have not been substantiated the 
employee will be notified of this in writing.  
Where it has been determined that there is a finding of misconduct subject to a 
disciplinary outcome, the employer will: 

a) Only consider a disciplinary outcome if the allegations are substantiated; 
b) Convene a disciplinary review meeting with the employee to determine the 

proposed disciplinary outcome; 
c) Provide the employee a reasonable amount of time to respond to any proposed 

discipline outcome; 
d) Consider any mitigating or contributory factors and any response of the 

Employee.  
e) Ensure the disciplinary outcome is fair and not disproportionate to the 

seriousness of the matter. The possible discipline outcomes are: 
i. no action 
ii. formal counselling 
iii. formal warning 
iv. demotion (if applicable to the role) 
v. final warning 
vi. termination of employment 

36.6 Management of Poor Performance 
All employees are expected to work to the minimum required standard in relation to 
their role in the organization. In dealing with matters involving work performance that is 
identified as being below the required standard the employer and the employee will 
refer to the relevant G4S policy and procedures and any application Local Operating 
Instructions.  

 
PART 5 - TERMINATION, CHANGE AND REDUNDANCY 

 
37. TERMINATION OF EMPLOYMENT - NOTICE OF TERMINATION BY EMPLOYER  

 
In order to terminate the employment of a permanent Employee G4S Custodial 
Services Pty Ltd shall give the Employee the following notice: 

 
Period of Continuous Service Period of Notice 

 
Less than 1 year 1 week 

 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

29 

 

 

Greater than 1 year and less than 3 years 2 weeks 
 

Greater than 3 years and less than 5 years 3 weeks 
 

5 years and over 4 weeks 
 

 
(a) In addition to the notice in the sub-paragraph above, Employees over forty five 

years of age at the time of the giving of notice with not less than two year's 
continuous service shall be entitled to additional notice of one (1) week. 
 

(b) Payment in lieu of the notice prescribed in the sub-paragraphs above shall be made 
if the appropriate notice period is not given, provided that employment may be 
terminated by part of the period of notice specified and part payment in lieu thereof. 

 
(c) In calculating any payment in lieu of notice the wages an Employee would have 

received in respect of the time he or she would have ordinarily worked during the 
period of notice had his or her employment not been terminated shall be used. 

 
(d) The period of notice in this clause shall not apply in the case of dismissal for conduct 

that at common law justifies instant dismissal or in the case of casual Employees 
or Employees engaged for a specific period of time or for a specific task or tasks. 

 
37.1 Termination of Employment - Notice of Termination by Employees 
 

(a) In order to terminate employment an Employee shall give G4S the following notice: 
 

Period of Continuous Service Period of Notice 
 

Less than 1 year 1 week 
 

Greater than 1 year 2 weeks 
 

 
(b) If an employee fails to give proper notice, G4S may deduct wages to the value of 

the notice period not given by the employee. 
 
37.2 Time off during Notice Period 

Where G4S has given notice of termination to an Employee, the Employee shall be 
allowed up to one day's time off without loss of pay for the purpose of seeking other 
employment. The time off shall be taken at times that are convenient to the Employee 
after consultation with G4S. 

 
37.3 Statement of Employment 

 
G4S shall, upon receipt of a request from an Employee whose employment has been 
terminated, provide to the Employee a written statement specifying the period of his or 
her employment and the classification of or the type of work performed by the 
Employee. 

 
37.4 Payment in Lieu 
 

Where G4S makes payments in lieu for all or any of the periods of notice prescribed, 
and then the period for which such payment is made shall be treated as service for the 
purposes of computing any service related entitlement of the Employee arising 
pursuant to this Agreement. 

  








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

30 

 

 

38.  INTRODUCTION OF CHANGE 
 

38.1 This term applies if: 
 

(a) the employer has made a definite decision to introduce a major change to 
production, program, organisation, structure, or technology in relation to its 
enterprise that is likely to have a significant effect on the employees; or 
 

(b) the employer proposes to introduce a change to the regular roster or ordinary hours 
of work of employees. 

 
Major change 
 
38.2 For a major change referred to in clause 38.1(a) the employer must notify the relevant 

employees of the decision to introduce the major change, and clauses 38.3 to 38.8 
apply. 
 

38.3 The relevant employees may appoint a representative for the purposes of the 
procedures in this term. 
 

38.4 If: 
 
(a)  a relevant employee appoints, or relevant employees appoint, a representative for 

the purposes of consultation; and 
 

(b) the employee or employees advise the employer of the identity of the 
representative; the employer must recognise the representative. 

 
38.5 As soon as practicable after making its decision, the employer must: 
 

(a) discuss with the relevant employees: 
 

i. the introduction of the change; and 
 

ii. the effect the change is likely to have on the employees; and 
 

iii. measures the employer is taking to avert or mitigate the adverse effect of 
the change on the employees; and 

 
(b) for the purposes of the discussion - provide, in writing, to the relevant employees: 

i. all relevant information about the change including the nature of the change 
proposed; and 

ii. information about the expected effects of the change on the employees; and 
iii. any other matters likely to affect the employees. 

 
38.6 However, the employer is not required to disclose confidential or commercially sensitive 

information to the relevant employees. 
 

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

38.8 In this term, a major change is likely to have a significant effect on employees if it results 
in: 
 
(a) the termination of the employment of employees; or 

 
(b) major change to the composition, operation or size of the employer’s workforce or 

to the skills required of employees; or 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

31 

 

 

 
(c) the elimination or diminution of job opportunities (including opportunities for 

promotion or tenure); or 
 
(d) the alteration of hours of work; or 
 
(e) the need to retrain employees; or 
 
(f) the need to relocate employees to another workplace; or 
  
(g) the restructuring of jobs. 

 
Change to regular roster or ordinary hours of work 
 
38.9 For a change referred to in clause 38.1(b), the employer must notify the relevant 

employees of the proposed change, and clauses 38.10 to 38.14 apply. 
 

38.10 The relevant employees may appoint a representative for the purposes of the 
procedures in this term. 
 

38.11 If: 
 
(a) a relevant employee appoints, or relevant employees appoint, a representative for 

the purposes of consultation; and 
 

(b) the employee or employees advise the employer of the identity of the 
representative; the employer must recognise the representative. 

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

(a) discuss with the relevant employees the introduction of the change; and 
 

(b) for the purposes of the discussion—provide to the relevant employees: 
 

i. all relevant information about the change, including the nature of the 
change; and 
 

ii. information about what the employer reasonably believes will be the effects 
of the change on the employees; and 

 
iii. information about any other matters that the employer reasonably believes 

are likely to affect the employees; and 
 
(c) invite the relevant employees to give their views about the impact of the change 

(including any impact in relation to their family or caring responsibilities). 
 

38.13 However, the employer is not required to disclose confidential or commercially sensitive 
information to the relevant employees. 
 

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

38.15 In this term, a relevant employee means the employees who may be affected by the 
major change. 

 
39.  REDUNDANCY 

 
39.1 "Redundancy" in this clause means the loss of employment due to G4S no longer 

requiring the job the Employee has been doing to be performed by anyone. 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

32 

 

 

 
39.2 Discussions before Terminations 

 
(a) Where G4S has made a definite decision that leads to a redundancy situation and 

that decision may lead to termination of employment, G4S shall have discussions 
with the Employees directly affected and, where applicable, their Union or 
nominated representative. Discussions shall cover, among other things, the 
reasons for the proposed terminations, measures to avoid or minimize the 
terminations, and measures to mitigate the adverse effects of any terminations on 
the Employees concerned. 
 

(b) For the purposes of discussion G4S shall as soon as practicable provide in writing 
to the Employees concerned and their Union or other nominated representative, all 
relevant information about the proposed terminations including the reasons for the 
proposed terminations, the number and categories of Employee's likely to be 
affected, and the number of workers normally employed and the period over which 
the terminations are likely to be carried out. Provided that G4S shall not be required 
to disclose confidential information the disclosure of which when looked at 
objectively, would be inimical to G4S's interests. 

 
39.3 Period of Notice of Termination on Redundancy 
 

(a) If the services of an Employee are to be terminated due to redundancy such 
Employee shall be given notice of termination as prescribed by Clause 37.1 of this 
Agreement provided that Employees to whom notification of termination of service 
is to be given on account of the introduction or proposed introduction by G4S of 
automation or other like technological changes in the industry in relation to which 
G4S is engaged shall be given not less than three months’ notice of termination. 
 

(b) Should G4S fail to give notice of termination as required in sub clause Clause 37.1,  
G4S shall pay to that Employee an amount calculated in accordance with the 
Employee's Annualised Salary for a period being the difference between the notice 
given and that required to be given. The period of notice to be given shall be 
deemed to be service with G4S for the purposes of the Long Service Leave Act 
2018. 

 
39.4 Notification to Centre link 

 
Where a decision has been made to terminate the employment of 15 or more 
Employee(s), on account of redundancy G4S shall notify Centre Link giving relevant 
information including a written statement of reason(s) for the termination(s), the number 
and categories of the Employees likely to be affected, and the period over which the 
termination(s) are intended to be carried out. 

 
39.5 Severance Pay 
 

In addition to the periods of notice prescribed for termination in clause 37.1 hereof an 
Employee whose employment is terminated by reason of redundancy shall be entitled 
to the following amounts of severance pay in respect of a continuous period of service: 

 
Employee's period of continuous service with 
the employer on termination 

Redundancy pay period 
 

At least 1 year but less than 2 years 4 weeks 
At least 2 years but less than 3 years 6 weeks 
At least 3 years but less than 4 years 7 weeks 
At least 4 years but less than 5 years 8 weeks 
At least 5 years but less than 6 years 10 weeks 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

33 

 

 

At least 6 years but less than 7 years 11 weeks 
At least 7 years but less than 8 years 13 weeks 
At least 8 years but less than 9 years 14 weeks 
At least 9 years but less than 10 years 16 weeks 
At least 10 years 12 weeks 

 
"Weeks’ Pay" means the Annualised Salary divided by 52 for the Employee concerned 

 
39.6 Time Off During Notice Period 
 

(a) During the period of notice of termination given by G4S, an Employee shall be 
allowed up to one day's time off without loss of pay during each week of notice for 
the purpose of seeking other employment. 
 

(b) If the Employee has been allowed paid leave for more than one day during the 
notice period for the purpose of seeking other employment, the Employee shall, at 
the request of G4S, be required to produce proof of attendance at an interview or 
he or she shall not receive payment for the time absent. For this purpose a statutory 
declaration shall be sufficient. 

 
39.7 Alternative Employment 
 

G4S in a particular redundancy case may make application to the Commission to have 
the severance pay prescription varied if G4S obtains acceptable alternative 
employment for an Employee. 

 
39.8 Employee Leaving During Notice 
 

An Employee whose employment is terminated on account of redundancy may 
terminate his or her employment during the period of notice and, if so, shall be entitled 
to the same benefits and payments under this clause had he or she remained with G4S 
until the expiry of such notice. In such circumstances, the Employee shall not be entitled 
to payment in lieu of notice. 

 
39.9 Written Notice 

 
G4S shall, but prior to the termination of the Employee's employment, give to the 
Employee a written notice containing, among other things, the following: 

 
(a) The date and time of the proposed termination of the Employee's employment; 

 
(b) Details of the monetary entitlements of the Employee upon the termination of 

his/her employment including the manner and method by which those entitlements 
have been calculated; 

 
(c) Advice as to the entitlement of the Employee to assistance from G4S, including 

time off without loss of pay in seeking other employment, or arranging training or 
retraining for future employment; and  

 
(d) Advice as to the entitlements of the Employee should he/she terminate his/her 

employment during the period of notice. 
 

39.10 Payment in Lieu Treated as Service 
 

If G4S makes payment in lieu for all or any of the period of notice prescribed by clause 
37.1, then the period for which such payment is made shall be treated as service for 
the purposes of computing any service related entitlements of the Employee arising 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

34 

 

 

pursuant to this Agreement and shall be deemed to be service with G4S for the 
purposes of the Long Service Leave Act 1992. 

 
39.11 Transfer to Lower Paid Duties 

 
Where an Employee whose job has become redundant accepts an offer of alternative 
work by G4S at a rate of pay which is less than the rate of pay for the former position, 
the Employee shall be entitled to the same period of notice of the date of 
commencement of work in the new position as if his/her employment had been 
terminated, and G4S may at G4S's option, make payment in lieu thereof of an amount 
equal to the difference between the former rate of pay and the new lower rate for the 
number of weeks of notice still owing. 

 
39.12 Employees Exempted 

 
This clause shall not apply where employment is terminated as a consequence of 
conduct that at common law justifies instant dismissal or in the case of casual 
Employees or Employees engaged for a specific period of time or for a specified task 
or tasks. 

 
40.  FLEXIBILITY 

 
40.1 An employer and employee covered by this Agreement may agree to make an 

individual flexibility arrangement to vary the effect of terms of the Agreement if: 
(a) the agreement deals with: 

i. arrangements about when work is performed.  
(b) the arrangement meets the genuine needs of the employer and employee in 

relation to one or more of the matters mentioned in paragraph (a); and 
(c) the arrangement is genuinely agreed to by the employer and employee. 
 

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

arrangement was made. 
 

40.3 The employer must ensure that the individual flexibility arrangement: 
(a) is in writing; and 
(b) includes the name of the employer and employee; and 
(c) is signed by the employer and employee and if the employee is under 18 years of 

age, signed by a parent or guardian of the employee; and 
(d) includes details of: 

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

conditions of his or her employment as a result of the arrangement; and 
(e) states the day on which the arrangement commences. 

 
40.4 The employer must give the employee a copy of the individual flexibility arrangement 

within 14 days after it is agreed to. 
 

40.5 The employer or employee may terminate the individual flexibility arrangement: 
(a) by giving no more than 28 days written notice to the other party to the arrangement; 

or 
(b) if the employer and employee agree in writing - at any time. 

 
 
  








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

35 

 

 

Part 6 - OTHER MATTERS 
 
41.  COMPANY POLICIES AND PROCEDURES 

 
41.1 Where there is any disparity between Company policies and procedures and this 

Agreement, the Agreement will prevail. 
 

41.2 Changes to policies and procedures which will impact directly on Employees covered 
under this Agreement, will be referred for discussion at Consultative Committee level 
prior to implementation. 
 

42.  NO EXTRA CLAIMS 
 

The parties agree not to pursue any further claims relating to the relationship of 
Employer and Employee, whether dealt with in this Agreement or not prior to the 
nominal expiry date of this Agreement. 
 

43.  POSTING OF AGREEMENT 
 

A copy of this Agreement will be available on the company intranet for all employees 
and by request. 

 
44.  COSTS OF EMPLOYMENT RELATED LEGAL PROCEEDINGS 

 
44.1 If an Employee is required to attend a Coroner's inquest on matters which directly arise 

from the performance of the Employee's duties, G4S will provide the Employees legal 
representation relating to appearance at or representation before the Coroner's Court. 
 

44.2 Where legal proceedings are initiated against an Employee as a direct consequence 
of the Employee legitimately and properly performing his or her duties, G4S will provide 
the Employees legal representation relating to the defence of such proceedings. 
 

44.3 Where, as a direct consequence of the Employee legitimately and properly performing 
his or her duties, it is necessary to obtain an intervention order or similar remedy 
against a client, G4S will provide the Employees legal representation in obtaining the 
order or other remedy. 
 

44.4 An application to meet an employee’s reasonable legal costs will be dealt with 
expeditiously by the level of management responsible for deciding this matter. 

 
45.  WORKPLACE RELATIONS 

 
45.1 G4S Commitments: 
 

(a) G4S will enable the CPSU time to address Employees at induction sessions, to 
hand out application forms to join the CPSU and allowing the deduction of CPSU 
of CPSU contributions and forward such contributions to the CPSU on a monthly 
basis. 
 

(b) G4S shall provide a notice board for the display of CPSU notices and bulletins in 
the area where employees shall have easy access to the information. This notice 
board shall be for the express purpose of displaying CPSU information. 

 
(c) G4S shall assist in the access of the CPSU official to employees during meal breaks 

to discuss union matters and/or to resolve grievances. 
 
 
 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

36 

 

 

45.2 Trade Union Training Leave 
 

(a) G4S shares the commitment to assisting up to three (3) Employees in developing 
skills in modern trade unionism and the application of knowledge obtained by their 
attendance at courses run by the CPSU for that purpose. G4S shall upon written 
application from the Employee and when duly authorised by the CPSU allow the 
Employee to attend such training courses as follows: 
 

i. The Employee must be a duly elected Union delegate and be nominated as 
a principal delegate for his/her section by the Employees and the CPSU. 
 

ii. The Employee must have at least 12 months service with G4S prior to the 
leave being granted. 

 
iii. The Employee shall only be entitled to five (5) eight (8) hour days of paid 

leave in any 24 month period calculated from the time the training leave 
commenced. The total paid leave for this purpose will not exceed fifteen 
(15) days paid leave in any 24 month period from the time the training leave 
commenced. 

 
iv. In the event that operational requirements prohibit the attendance at the 

nominated training then the authorised delegate shall be deemed to be 
authorised to attend the next CPSU authorised training course. 

 
v. Notification of inclusion into an authorised training course shall be at least 

two weeks prior to the commencement of a roster cycle. This maybe varied 
by mutual agreement between G4S and the CPSU. 

 
vi. Except, as provided by this clause, G4S shall not be responsible for or 

required to pay or reimburse any other expenses incurred by the Employee 
in or while attending this course. 

 
vii. Where the Employees days off coincide with their attendance at a training 

course, G4S shall not be required to vary the work pattern of the Employee 
in any way to ensure the Employee is rostered on during that time. 

 
(b) Attendance at a CPSU training course does not affect the continuation of service 

calculation of the Employee. 
 
45.3 Role of Union Delegate 
 

(a) To enable the CPSU to conduct its business on a day to day basis, G4S will 
recognise duly elected and accredited Union delegates notified in writing to G4S by 
the Branch Secretary of the CPSU. 
 

(b) Union delegates will be allowed reasonable time to meet with management on 
matters affecting Employee's, without disruption to work of either Employee or G4S. 
A union delegate will be allowed reasonable time, without disruption to work, to 
discuss with individual CPSU members, any matters pertaining to their work. 

 
(c) Union delegates will be allowed to meet with their CPSU official(s) during meal 

breaks to discuss issues that may need to be progressed either in the consultative 
committee processes or via the dispute settlement and grievance procedure, as 
outlined in this Agreement. Such meetings may be in paid time following 
consultation with the relevant G4S representative and will not be disruptive to work. 

 
 
 








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

37 

 

 

45.4 Freedom Of Choice 
 

The CPSU acknowledges that an Employee shall not be compelled by either G4S or 
the CPSU or its members to join the Union against the Employee's will. G4S 
acknowledges that all Employees are entitled to join the Union and to seek to be 
represented by the CPSU if they wish to do so. 

 
  








G4S Custodial Services Pty Ltd. – (Port Phillip Prison) Correctional Services Workplace Agreement 2021 
 

38 

 

 

 
 
Part 7 - APPENDICES 
 
Appendix 1  Salary Increases 
 
 
 

 
 
 
  

Full Time and Part Time Rates of Pait FFPPOOA effective 

vote up of this FFPPOOA 1 Jan FFPPOOA 1 Jan 

Jan 2020 Agreement (2021) 2022 2023 

2.75% 2.50% 2.50% 2.50% 

Induction Trainee $57,843.31 $59,289.40 $60,771.63 $62,290.92 

Correctional Officer $74,627.79 $76,493.48 $78,405.82 $80,365.96 

Accredited Correctional Officer - 1 $77,294.71 $79,227.08 $81,207.75 $83,237.95 

Accredited Correctional Officer - 2 $79,697.44 $81,689.88 $83,732.12 $85,825.43 

Supervisor $95,699.89 $98,092.38 $100,544.69 $103,058.31 

FFPPOOA effective 

Casual Rates Of Pait vote up of this FFPPOOA 1 Jan FFPPOOA 1 Jan 

(inclusive of 25% casual loading) Jan 2020 Aereement (2021) 2022 2023 

Correctional Officer (Casual) $47.21 $48.39 $49.60 $50.84 

Accredited Correctional Officer - 1 $48.90 $50.12 $51.37 $52.66 

Accredited Correctional Officer - 2 $50.42 $51.68 $52.97 $54.29 

* FFPPOOA = first full pay period on or after 


Full Time and Part Time Rates of Pay FFPPOOA effective vote up of this FFPPOOA 1 Jan FFPPOOA 1 Jan Jan 2020 Agreement (2021) 2022 2023 2.75% 2.50% 2.50% 2.50% Induction Trainee $57,843.31 $59,289.40 $60,771.63 $62,290.92 Correctional Officer $74,627.79 $76,493.48 $78,405.82 $80,365.96 Accredited Correctional Officer - 1 $77,294.71 $79,227.08 $81,207.75 $83,237.95 Accredited Correctional Officer - 2 $79,697.44 $81,689.88 $83,732.12 $85,825.43 Supervisor $95,699.89 $98,092.38 $100,544.69 $103,058.31 FFPPOOA effective Casual Rates Of Pay vote up of this FFPPOOA 1 Jan FFPPOOA 1 Jan (inclusive of 25% casual loading) Jan 2020 Agreement (2021) 2022 2023 Correctional Officer (Casual) $47.21 $48.39 $49.60 $50.84 Accredited Correctional Officer - 1 $48.90 $50.12 $51.37 $52.66 Accredited Correctional Officer - 2 $50.42 $51.68 $52.97 $54.29 *FFPPOOA = first full pay period on or after




 



Port Philip Prison
451 Dohertys Rd
Truganina VIC 3029

G4S Custodial Services pty Ltd. - (Port Phillip Prison) Correctional Services Workplace Agreement 2021 

PARTS- SIGNATORY PAGE 

EXECUTED as an Agreement on this 11 t4'\ day of ..Ju r.€... 2 0 2.1 

Signed by rfi 
For and on behalf of 

G4S Custodial Services Pty Ltd 

Trish Sellman 
General Manager 
Port Phillip Prison 

In the presence of M ~ ~ ~ Mark Thomson 
Business Manager 
Port Phillip Prison 

Signedby /4K {~ 
For and on behalf of 

CPSU, the Community and Public Sector Union, State Public Services Federation 

In the presence of 

Wayne Townsend 
Branch Assistant Secretary 

CPSU /SPSF Victorian Branch 
Level 4/1 28 Exhibition Street 
Melbourne 3000 

Jason Cleeland 
Manager, 
Membership & Information Technology 
CPSU /SPSF Victorian Branch 
Level 4/128 Exhibition Street 
Melbourne 3000 

39 


G4S Custodial Services Pty Ltd. - (Port Phillip Prison) Correctional Services Workplace Agreement 2021 PART 8 - SIGNATORY PAGE EXECUTED as an Agreement on this 11th day of June 2021 Signed by Trish Sellman For and on behalf of General Manager G4S Custodial Services Pty Ltd Port Phillip Prison In the presence of MARK THOMSON MITLOMO Mark Thomson Business Manager Port Phillip Prison WC Townsend Signed by For and on behalf of CPSU, the Community and Public Sector Union, State Public Services Federation In the presence of Wayne Townsend Jason Cleeland Branch Assistant Secretary Manager, Membership & Information Technology CPSU/SPSF Victorian Branch CPSU/SPSF Victorian Branch Level 4/128 Exhibition Street Level 4/128 Exhibition Street Melbourne 3000 Melbourne 3000 39




 



 

Securing Your World 

G4S Australia Pty Ltd  

 
A.B.N. 64 100 104 658 

Level 4  

616 St Kilda Road 

Melbourne Vic 3004 

PO Box 7190 St Kilda Road 

Melbourne Vic 8004 

Australia 

 
 
 
 
IN THE FAIR WORK COMMISSION 
 
FWC Matter No.: 
AG2021/5749 
 
Applicant: 
G4S Custodial Services Pty Ltd 
 
 
Section 185 – Application for approval of a single enterprise agreement 

 
Undertaking – Section 190 

 
I, Kristen Honeysett, Head of Workplace Relations have the authority given to me by G4S 
Custodial Services Pty Ltd to give the following undertakings with respect to the G4S Custodial 
Services Pty Ltd (Port Phillip Prison) Correctional Services Workplace Agreement 2021 ("the 
Agreement"): 
 
 
1. The following Subclause shall be inserted into clause 25. ANNUAL LEAVE ENTITLEMENT 

of the Agreement: 
 
 25.1(e) For the purpose of annual leave under the NES, a shiftworker is an employee who: 

 works a roster and who, over the roster cycle, may be rostered to work 
ordinary shifts on any of the 7 days of the week; and 

 is regularly rostered to work on Sundays and public holidays.  
Shiftworkers, as defined above, will receive a minimum of 5 weeks/190 hours of 
annual leave per year.  

 
2.  In relation to Clause 34. DISPUTE SETTLEMENT PROCEDURE of the Agreement:  

 
Clause 34.1 of the Agreement will be replaced with the following: 
 

 It is agreed that the parties to this Agreement shall confer in good faith with a view to 
resolving any dispute in relation to a matter arising out of this Agreement or the National 
Employment Standards. Employees are entitled to have a representative of his/her choice 
at each stage of this procedure, this may include the CPSU. If the employee’s first 
preference of chosen representative is unavailable or unwilling to represent the employee, 
the employee will be required to select an alternative representative who is 
available/willing.  

 
  Clause 34.4 of the Agreement will be replaced with the following: 
  
 34.4 If a dispute in relation to a matter arising out of the Agreement and/or a term of the 

NES is unable to be resolved at the workplace, and all agreed steps for resolving it have 
been taken, the dispute may be referred to the Fair Work Commission for resolution by 
mediation and/or conciliation and, where the matter in dispute remains unresolved, 

 


GAS




 



 

arbitration. If arbitration is necessary the Fair Work Commission may exercise the 
procedural powers in relation to hearings, witnesses, evidence and submissions which are 
necessary to make the arbitration effective.  

 
3.  The following Subclause shall be inserted into clause 20. HOURS AND ALLOCATION OF 

WORK of the agreement: 
 

20.1(d) Industrial Trainees will not be required to work ordinary hours on a Sunday during 
the Initial Training Course (ITC).  

 
4.  The following Subclause shall be inserted into clause 13. CASUAL EMPLOYEES of the 

agreement: 
 
 13.7 Public Holidays 
 Casual employees required to work on public holidays will be paid the following hourly 

rates of pay: 
 

  
 

For the avoidance of doubt, these rates of pay replace any other entitlement for additional 
payment on public holidays for casual employees within the agreement.  

 
5.  The following Subclause shall be inserted into clause 13. CASUAL EMPLOYEES of the 

agreement: 
 
 13.8 Sundays 
 Casual employees required to work on a Sunday will be paid the following hourly rates of 

pay: 
 

  

FFPPOOA 

effective 

vote up of 

this 

Casual Rates Of Pait - Public Holidays Agreement FFPPOOA 1 Jan FFPPOOA 1 Jan 
(inclusive of 25% casua l load ing) {2021) 2022 2023 
Correctional Officer (Casual) $65.33 $66.96 $68.63 

Accredited Correctional Officer - 1 $67.66 $69.35 $71.09 

Accredited Correctional Officer - 2 $69.76 $71.51 $73.29 

FFPPOOA 
effective 

vote up of 

this 

Casual Rates Of Pait - Sundays Agreement FFPPOOA 1 Jan FFPPOOA 1 Jan 
(inclusive of 25% casual load ing) {2021) 2022 2023 
Correctional Officer (Casual) $53.23 $54.56 $55.92 

Accredited Correctional Officer - 1 $55.13 $56.51 $57.92 
Accredited Correctional Officer - 2 $56.84 $58.27 $59.72 


FFPPOOA effective vote up of this Casual Rates Of Pay - Public Holidays Agreement FFPPOOA 1 Jan FFPPOOA 1 Jan (inclusive of 25% casual loading) (2021) 2022 2023 Correctional Officer (Casual) $65.33 $66.96 $68.63 Accredited Correctional Officer - 1 $67.66 $69.35 $71.09 Accredited Correctional Officer - 2 $69.76 $71.51 $73.29

FFPPOOA effective vote up of this Casual Rates Of Pay - Sundays Agreement FFPPOOA 1 Jan FFPPOOA 1 Jan (inclusive of 25% casual loading) (2021) 2022 2023 Correctional Officer (Casual) $53.23 $54.56 $55.92 Accredited Correctional Officer - 1 $55.13 $56.51 $57.92 Accredited Correctional Officer - 2 $56.84 $58.27 $59.72




 



 

 
6.  In relation to clause 20. HOURS AND ALLOCATION OF WORK of the Agreement: 
 
 Subclause 20.9 Payment for Additional Hours (overtime) will be replaced with the 

following: 
 
20.9 Payment for Additional Hours (overtime) 
 
Permanent and Fixed Term employees will be paid at 150% of the Hourly Rate applicable 
when they are required to: 

 work additional hours/shifts that will result in the employee working more than 38 
hours per week on average over the roster cycle;  

 work more than five (5) rostered shifts in any seven (7) consecutive day cycle; or 
 work more than 12.75 hours in a shift. 

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

 
7 July 2021 

Cases cited by this decision: