1
Fair Work Act 2009
s.185—Enterprise agreement
Victorian Building Authority
(AG2021/5826)
VICTORIAN BUILDING AUTHORITY ENTERPRISE AGREEMENT
2020
State and Territory government administration
COMMISSIONER WILSON MELBOURNE, 12 JULY 2021
Application for approval of the Victorian Building Authority Enterprise Agreement 2020.
[1] An application has been made for approval of an enterprise agreement known as the
Victorian Building Authority Enterprise Agreement 2020 (the Agreement). The application
was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by
Victorian Building Authority. 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing
and Allied Services Union of Australia 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.
[2021] FWCA 4051 [Note: a correction has been issued to this document]
DECISION
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/html/2021fwca4051_pr731613.htm
[2021] FWCA 4051
2
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
19 July 2021. The nominal expiry date of the Agreement is 20 March 2024.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE512190 PR731569
OF THE FAIR WORK C AUSTRALIA MMISSION THE SEAL
[2021] FWCA 4051
3
Annexure A
VBA VICTORIAN BUILDING AUTHORITY BUILDING CONFIDENCE Undertaking Section 190 Victorian Building Authority Enterprise Agreement 2020-2024 (AG2021/5826) Written undertakings under section 190 of the Fair Work Act 2009 I, Karen Wild, Executive Director, People and Capability of the Victorian Building Authority, give the following undertaking with respect to the Victorian Building Authority Agreement 2020 ("the Agreement").
L. I have the authority given to me by the victorian building Authority to provide this undertaking in relation to the application before the Fair Work Commission. 2. Undertaking for payment of salaries to Legal Officers In the event that the VBA employs Legal Officers at Grades 1, 2, or 3 as defined in the Victorian State Government Agencies Award 2015 (Award), the VBA will ensure that they are engaged with terms and conditions better off overall than the Award, and that they are remunerated at a salary increment level above the wages amount contained within the Award. 3. This undertaking is provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signed by the Victorian Building Authority in accordance with section 190(5) of the Act Signature: Karen Wild
Name: Karen Wild Date: 9 July 2021
1
Fair Work Act 2009
s.185—Enterprise agreement
Victorian Building Authority
(AG2021/5826)
VICTORIAN BUILDING AUTHORITY ENTERPRISE AGREEMENT
2020
State and Territory government administration
COMMISSIONER WILSON MELBOURNE, 12 JULY 2021
Correction to decision
[1] The decision issued by the Fair Work Commission on 12 July 2021 [[2021] FWCA
4051, AE512190 PR731569] is corrected so that paragraph [4] reads as follows:
“The CPSU, the Community and Public Sector Union being a bargaining
representative for the Agreement, has given notice under s.183 of the Act that it wants
the Agreement to cover it. In accordance with s.201(2) I note that the Agreement
covers the organisation.”
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE512190 PR731613
[2021] FWCA 4051
CORRECTION TO DECISION
E AUSTRALIA FairWork Commission
OF THE FAIR WORK C AUSTRALIA MMISSION THE SEAL
OFFICIAL
Victorian Building Authority
Enterprise Agreement 2020
mahoney
Undertaking Stamp
Victorian Building Authority Enterprise Agreement 2020
2
OFFICIAL
Table of Contents
Section I – Core Terms and Conditions of Employment ...................................................... 5
Part 1 Application and Operation of Agreement ................................................................ 5
Title .............................................................................................................................. 5
Definitions and interpretation ....................................................................................... 5
Commencement Date and Period of Operation ............................................................ 6
Application of Agreement and Parties Covered ........................................................... 7
No Further Claims ........................................................................................................ 7
Savings Provisions and Relationship with other Awards and Agreements.................. 8
Anti-Discrimination & Workplace Diversity ............................................................... 9
10. Flexibile Work Arrangements – Specific Circumstances......................................... .12
Part 3 Communication, Consultation and Dispute Resolution ........................................14
Implementation of Change .........................................................................................14
Consultation on Changes to Hours of Work ..............................................................16
Resolution of Disputes ...............................................................................................17
Workload ....................................................................................................................20
Part 4 Employment Relationship and Related Arrangements ........................................20
Costs of Employment Related Legal Proceedings .................................................... 31
Working from Home .................................................................................................. 32
……………………………....37
Salary and Related Matters ................................................................................... 43
………………………………………………….43
1.
2.
3.
4.
5.
6.
7.
Part 2 Flexible Work ........................................................................................................... 10
8. Flexible Work .. ...... .... ...... ... ..... ..... .... ...... ..... ...... ... ..... ... ...... ............ .. 10
9. Individual Flexibility Arrangements ......................................................... 11
11.
12.
13.
14.
15. Agility Principles .............................................................................. 20
16. Agility Payment. .. ........ .. ........ . ........ .. ........ ... ...... .... ...... .... ...... ... ........ 22
17. Secure Employment. .. .. ....... .. ...... .... ..... ... ..... .... ..... ...... .... .... ................ 23
18. Employment Categories and Entitlements ............... ............ ...... ....... ... .. .. ..... .... .. .. ..... 24
19. Usual Place or Places ofWork ...... .. .... .... ..... .... ..... .. ........ .. ....... .. ....... .. .... 26
20. Termination of Employment ......... ......... .... ........ ...... ...... ........ .... .................. ...... .... .... 30
21.
22.
23. :Redeployment. ............................................................................. ............................... 32
24. Management of Unsatisfactory Work Performance ... ..... .... ... .. ......... .... ... .... ........ ...... 32
25. Management of Misconduct. . ..... ... . . ... . ... ... .... . .. .
Part 5
26. Application ...................................................................................... 43
27. Classifications and Salaries ....... ..
28. Gender Equality .. . . ....... . .... . . .... ....... . .... . .. . . . ....... . ...... .. ........................ 44
29. Performance Development and progression within a Value Range .... .. ............ .. .46
Victorian Building Authority Enterprise Agreement 2020
3
OFFICIAL
Reimbursement of Expenses ....................................................................................... 57
Superannuation ............................................................................................................ 58
Part 6 Hours of Work and Related Matters ...................................................................... 60
Hours of Work ............................................................................................................ 60
Overtime ..................................................................................................................... 60
Christmas Closedown ................................................................................................. 64
Childcare .................................................................................................................... 65
Part 7 Leave of Absence and Public Holidays ................................................................... 65
Leave of Absence – General ...................................................................................... 65
Annual Leave ............................................................................................................. 65
Cashing Out of Annual Leave .................................................................................... 68
Purchased Leave ......................................................................................................... 69
Infectious Diseases ..................................................................................................... 70
Dangerous Medical Conditions .................................................................................. 70
Public Holidays .......................................................................................................... 70
Personal/ Carer’s Leave.............................................................................................. 71
52 Family Violence Leave .............................................................................................. 77
53 Military Service Sick Leave ....................................................................................... 79
Compassionate Leave ................................................................................................. 80
ssembly of Victoria……………...…..…99
62 Long Service Leave ................................................................................................. 100
Defence Reserve Leave ............................................................................................ 104
30. Salary Increases . ...... .... ...................................... ........ ... ...... ... ..... .... ... 52
31. Casual Employees - Loading .................................................................. 53
32. Supported Wage System ....... .. .................................... . ........ . ....... . ........ 54
33. Payment of Salaries ............................................................................. 54
34. Salary Packaging ............................................. . ................................ ·.:.54
35. Allowances - Work or Conditions ............................................... ............................... 55
36.
37.
38.
39.
40. Rest Breaks ... ... .... ..... ...... ...... ...... ...... .. ........... .... ........ .... .... .... .... .. ...... .... ... ..... ... ... ...... . 63
41. Meal Breaks .............................. . ...... . ..................................... . ......... 64
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
54.
55. Parental Leave ........................ ............ .. ........... ......... ............ ... .. ....................... .... ...... 81
56. Surrogacy Leave ........................... ............ ............ ............ ............... ............ ...... 94
57. Foster and Kinship Care Leave ........................................ . ........ . ....... .. .... 95
58. Gender Transition Leave ................................................................... . .. 96
59. Leave to Attend Rehabilitation Program ....... .............. ............ .. ........... ...................... 98
60. Cultural and Ceremonial Leave ... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ............ ....... 98
6 1. Leave to participate in the First Peoples' A
63.
Victorian Building Authority Enterprise Agreement 2020
4
OFFICIAL
Jury Service .............................................................................................................. 104
Leave for Blood Donations ...................................................................................... 104
Leave to Engage in Voluntary Emergency Management Activities ........................ 104
Voluntary Community Activities Leave .................................................................. 105
Participation in Sporting Events ............................................................................... 105
Part 8 Occupational Health and Safety ........................................................................... 106
Accident Make-Up Pay ............................................................................................ 106
Occupational Health and Safety and Rehabilitation ................................................. 106
Industrial Relations/Occupational Health and Safety Training ................................ 111
Facilities, Equipment and Accommodation – General ............................................. 111
Agreement Compliance and Union Related Matters ................................................ 112
Right of Entry ........................................................................................................... 113
Redeployment .............................................................................................. 114
Salaries - VBA ............................................................................................. 115
Classification Descriptors ........................................................................... 121
Supported Wage System ............................................................................ 137
Supported Wage System .......................................................................................... 137
64.
65.
66.
67.
68.
69. Study Leave .............................................................................................................. 105
70. Other Leave ....................................................................... . ....... .. .. 106
71.
72.
73.
74.
75.
76.
Schedule A
Schedule B
Schedule C
Schedule D
1.
Victorian Building Authority Enterprise Agreement 2020
5
OFFICIAL
Title
This Agreement will be known as the Victorian Building Authority Enterprise
Agreement 2020.
Definitions and interpretation
In this document, unless the contrary intention appears:
Accredited Representative of a Union means an officer or employee of a Union or a
workplace delegate accredited by an authorised officer of a Union
Agreement means the Victorian Building Authority Enterprise Agreement 2020
Child unless otherwise defined means:
(a) someone who is child of the Employee within the meaning of the Family Law Act
1975 (Cth), and
(b) an adopted child or step-child of the person, regardless of the age of the child.
CPSU means the Community and Public Sector Union
De Facto Partner means:
(c) a person who, although not legally married to the Employee, lives with the
Employee in a relationship as a couple on a genuine domestic basis (whether the
Employee and the person are of the same sex or different sexes); and
(d) includes a former De Facto Partner of the Employee.
Employee means an employee of the Victorian Building Authority, excluding
Executive Officers
Employer means the Victorian Building Authority
Fortnightly Salary means an Employee’s annual salary divided by 365.25 multiplied
by 14
FWC means the Fair Work Commission or its successor
Fair Work Act 2009 and FW Act means that Act, as may be amended from time to
time and any successor to that Act
Immediate Family means:
(e) a Spouse, De Facto Partner, Child, parent, grandparent, grandchild or sibling of the
Employee; or
Section I - Core Terms and Conditions of Employment
Part 1 Application and Operation of Agreement
1.
2.
Victorian Building Authority Enterprise Agreement 2020
6
OFFICIAL
(f) a Child, parent, grandparent, grandchild or sibling of a spouse or De Facto Partner
of the Employee.
Long Term Casual Employee means a casual Employee who has been employed on
a regular systematic basis by their employer for a sequence of periods of employment
during a period of at least 12 months.
Machinery of Government Change means a change arising from the allocation and
reallocation of functions between Victorian government departments and/or Agencies
which is set out in a General Order allocating Acts of Parliament to Ministers signed
by the Premier, an Administrative Arrangements Order made under the Administrative
Arrangements Act 1983 (Vic) or an order or declaration made under the Public
Administration Act 2004 (Vic)
NES means the National Employment Standards
Party or Parties means the Victorian Building Authority or the CPSU
PAA means the Public Administration Act 2004 (Vic) as may be amended from time
to time, or any successor to that Act
Public Holiday means a day that is a public holiday pursuant to clause 49
Salary means the wage or salary rate, including all on-going progression payments,
which an Employee receives in the normal course of their duty; provided that Salary
does not include any payment for overtime, travelling allowance, incidental expenses
or any payment of a temporary character.
Union means the Community and Public Sector Union (CPSU)
VBA means the Victorian Building Authority
Commencement Date and Period of Operation
This Agreement will commence operation seven (7) days after it is approved by the
FWC and will have a nominal expiry date of 20 March 2024.
Employees to whom this Agreement applies will receive:
(a) Salary increases as provided for in clause 30 (Salary Increases), with the first
increase payable with effect from 20 March 2020; and
(b) Increases to allowances, with the first increase payable with effect from 20 March
2020.
Salary and allowance increases payable for the period between 20 March 2020 and the
commencement of the Agreement will be made as soon as reasonably practicable after
the Agreement commences operation.
Alterations to conditions of employment provided for in this Agreement will apply
with effect from the commencement date of this Agreement, unless otherwise stated.
3.5 Renegotiation Period
(a) With the aim of avoiding protracted negotiations for a new agreement, the
parties to this Agreement agree to a renegotiation period. The renegotiation
3.
3.1
3.2
3.3
3.4
Victorian Building Authority Enterprise Agreement 2020
7
OFFICIAL
period will be from 20 September 2023 until 20 February 2024. The aim of
the renegotiation period is to permit a new agreement to be reached prior to
the nominal expiry date of this Agreement.
(b) To meet this objective, the parties to this Agreement agree that:
(i) each will provide any proposals for change to the Agreement by 20
September 2023, and
(ii) they will meet regularly to progress negotiations in good faith. Small
working groups may be established to examine particular areas of
disagreement, and
(iii) the person/s responsible for negotiating will bring with them the necessary
authority to finalise an agreement; and
(iv) if agreement is not reached by 20 December 2023, the Parties will discuss
whether they should seek the assistance of a mutually agreed conciliator
or the FWC. This does not prevent the parties seeking assistance, by
agreement, on any individual issue which is creating an impasse; and
(v) should conciliation be sought, then the Parties to the conciliation may
agree to an extension to the renegotiation period.
(c) During this period the parties to this Agreement will not act in a manner that
is designed to frustrate good faith bargaining.
Application of Agreement and Parties Covered
This Agreement applies to and covers:
(a) the VBA in respect of all Employees (as defined in clause 2);
(b) all Employees whose employment is, at any time when this Agreement is in
operation, subject to this Agreement; and
(c) the CPSU, provided that the FWC in its decision to approve this Agreement
notes that the Agreement covers the CPSU.
In accordance with Part 2-8 of the FW Act, where there is a transfer of business to a
new employer, the new employer is bound by this Agreement as a transferable
instrument to the extent that it relates to the whole or part of the business transfer.
The VBA will ensure all human resources policies are updated in accordance with
changes to the Agreement and the Victorian Public Service policies, within 12 months
of this Agreement coming into effect.
No Further Claims
This Agreement is intended to set out, or set out processes for determining, all the
terms and conditions of employment of the Employees which will be subject to the
Agreement made under the FW Act for the period from the date of commencement of
this Agreement until 20 March 2024.
4.
4.1
4.2
4.3
5.
5.1
Victorian Building Authority Enterprise Agreement 2020
8
OFFICIAL
The Employees, the Employer and the Union covered by this Agreement agree that
they will not, for the period from the date of commencement of this Agreement until
20 September 2023, make claims for the making of an enterprise agreement under the
FW Act, whether in relation to matters dealt with in this Agreement or otherwise.
Savings Provisions and Relationship with other Awards and
Agreements
This Agreement operates to the exclusion of all previous awards and orders of the
FWC and replaces all previous industrial instruments under the FW Act in respect of
the Employees. However any entitlement in the nature of an accrued entitlement to an
individual’s benefit which has accrued under any such previous industrial instrument
will not be affected by the making of this Agreement.
No Employee will, on balance, have their overall pay and conditions reduced as a result
of the making of this Agreement.
No Employee’s overall terms and conditions of employment shall, on balance, be
reduced as a result of any Machinery of Government Changes that occur during the
life of this Agreement.
A dispute or grievance that is being considered pursuant to clause 21 of the Victorian
Building Authority Agreement 2016 at the time this Agreement commences operation
may continue to be considered pursuant to clause 13 (Resolution of Disputes) of this
Agreement.
Transitional Arrangements
(a) Transitional arrangements apply to several entitlements in the Agreement,
including:
(i) Performance Development and Progression within a Value Range (Clause
29), and
(ii) Employer contributions in respect of Primary Caregiver Parental Leave
(Clause 37.5), and
(iii) Rest and Meal Breaks (Clause 40 & 41), and
(iv) Overtime (Clause 39), and
(v) Personal/Carers Leave (Clause 51), and
(vi) Parental Leave (Clause 55), and
(vii) Surrogacy Leave (Clause 56).
(viii) Accrued Time Leave;
(i) Upon the commencement of this Agreement, Employees with
outstanding Accrued Time Leave are required to submit an approved
timesheet to the Employer setting out their Accrued Time Leave balance.
Once submitted, the Employer will advise the Employee whether it
agrees with the balance submitted by the Employee.
5.2
6.
6.1
6.2
6.3
6.4
6.5
Victorian Building Authority Enterprise Agreement 2020
9
OFFICIAL
(ii) In the 12 month period immediately following the commencement of this
Agreement, Employees with an agreed Accrued Time Leave balance
may access up to 38 hours of that Accrued Time Leave balance with such
leave to be taken at a time agreed between the Employee and the
Employer.
(iii)Where Employees do not use all of their Accrued Time Leave balance,
up to a maximum of 38 hours, during the 12 month period immediately
following the commencement of this Agreement, any remaining period
of ATL will be exhausted and unable to be used.
(iv) If an Employee and the Employer are unable to agree on the Employee's
Accrued Time Leave balance, the Employee can apply to have their
proposed balance reviewed by the Working Group
(v) For the purpose of clause 6.5(c)(v), the Working Group is established
under clause 9.8.
(b) A transitional arrangement may require the continued application of
provisions in the VBA Enterprise Agreement 2016 for a short period of time.
The continued application of previous arrangements is set out in the relevant
clause and will apply as a term of this Agreement for the period of the
transitional arrangement.
Anti-Discrimination and Workplace Diversity
The Parties covered by this Agreement respect and value the diversity of the workforce
by helping to prevent and eliminate discrimination on the basis of race, colour, sex,
sexual preference, gender, age, physical or mental disability, marital status, family or
carer’s responsibilities, pregnancy, religion, political opinion, national extraction,
social origin or any other attributes protected by anti-discrimination legislation.
The Employer recognises the importance of workplace diversity and inclusion. The
Employer will strive to create a diverse workforce and an environment that recognises,
values, utilises and reflects the diverse society in which we live. In this context,
diversity includes cultural diversity, Aboriginal and Torres Strait Islander identity,
sexuality, age, gender identity, ability, neurodiversity and carer responsibilities.
Accordingly, in fulfilling their obligations under the procedures in clause 13
(Resolution of Disputes), the Parties must make every endeavour to ensure that neither
the Agreement provisions nor their operation are directly or indirectly discriminatory
in their effects.
Nothing in this clause is to be taken to affect:
(a) any different treatment (or treatment having different effects) which is
specifically exempted under the Commonwealth anti-discrimination
legislation; or
(b) an Employee, Employer or Union pursuing matters of discrimination in any
State or Federal jurisdiction, including by application to the Australian
Human Rights Commission; or
7.
7.1
7.2
7.3
7.4
Victorian Building Authority Enterprise Agreement 2020
10
OFFICIAL
(c) the exceptions in section 351(2) and 772(2) of the FW Act or the operation of
sections 772(3) and 772(4) of the FW Act.
The Employer will act in accordance with its obligations under:
(a) the Equal Opportunity Act 2010 (Vic); and
(b) the Victorian Charter of Human Rights and Responsibilities, and
(c) the Gender Equality Act 2020 (VIC)
These obligations apply to the Employer but do not form part of the Agreement.
Part 2 Flexible Work
Flexible Work
The Parties are committed to providing a range of flexible working arrangements to
give Employees a meaningful level of control over when, where and how work is
accomplished.
These reflect a genuine commitment to support both individual flexibility and business
performance needs, while recognising that not all forms of flexibility will be suitable
for all roles at any time.
Several provisions in this Agreement are available to facilitate an individual’s need for
flexibility, consistent with business requirements and legislative obligations.
Clause Title Summary of entitlement (see clause for full entitlement
and any conditions)
9 Individual Flexibility
Arrangement (IFA)
An IFA may vary the effect of clause 38 (Hours of Work).
10 Flexible Working
Arrangements – Specific
Circumstances
Under s65 of the FW Act Employees in circumstances as
defined in the legislation may request flexible working
arrangements.
18.4 Part-time Employment Part time employment may be worked by agreement
between the Employee and the Employer.
22 Working from Home An individual Employee and Employer may agree to work
from home on a case by case basis.
38
Hours of Work
An employee (other than a Shift Worker) can agree with the
Employer to work their ordinary hours flexibly, within the
span of hours, to best meet the Employer’s work
requirements and the Employee’s personal and/or family
circumstances. This may include, for example, working
compressed hours.
7.5
8.
8.1
8.2
8.3
Victorian Building Authority Enterprise Agreement 2020
11
OFFICIAL
46 Purchased Leave An Employee and Employer may agree to work less than 52
weeks per year to increase the amount of leave available.
51
Family Violence Leave
An Employee experiencing family violence has an
entitlement to additional leave and may request flexible work
arrangements.
54
Parental Leave
An Employee returning to work after parental leave has a
right to request a reduced time fraction until their Child
reaches school age, or alternatively may request an extension
of unpaid parental leave.
Individual Flexibility Arrangements
An Employee and the Employer may enter into an individual flexibility arrangement
pursuant to this clause in order to meet the genuine needs of both the Employee and
the Employer. An individual flexibility arrangement must be genuinely agreed to by
the Employee and Employer.
An individual flexibility arrangement may vary the effect of clause 38 (Hours of
Work).
An Employee may nominate a representative to assist in negotiations for an individual
flexibility arrangement.
The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the FW Act; and
(b) are not unlawful terms under section 194 of the FW Act; and
(c) result in the Employee being better off overall than the Employee would be
if no arrangement was made.
The Employer must ensure that an individual flexibility arrangement is in writing and
signed by the Employee and Employer. If the Employee is under 18, the arrangement
must also be signed by a parent or guardian of the Employee.
The Employer must give a copy of the individual flexibility arrangement to the
Employee within 14 days after it is agreed to.
The Employer must ensure that any individual flexibility arrangement sets out:
(a) which terms of this Agreement will be affected or varied by the individual
flexibility arrangement; and
(b) how the individual flexibility arrangement will vary or affect the terms of this
Agreement; and
(c) how the Employee will be better off overall in relation to the terms and
conditions of their employment as a result of the individual flexibility
arrangement; and
9.
9.1
9.2
9.3
9.4
9.5
9.6
9.7
Victorian Building Authority Enterprise Agreement 2020
12
OFFICIAL
(d) the day on which the individual flexibility arrangement commences; and
(e) provides for the individual flexibility arrangement to be terminated:
(i) by either the Employee or Employer giving a specific period of written
notice, with the specified period being not more than 28 days; and
(ii) at any time by written agreement between the Employee and Employer.
Review of Flexible Work Arrangements
(a) The parties agree to establish a Working Group that will operate over the life of
this Agreement to review the implementation of flexible work arrangements.
(b) If an Employee believes that their application for a flexible working arrangement
has been unreasonably refused, the Employee can apply to have the decision
reviewed by the Working Group.
(c) The Working Group will comprise equal numbers of representatives nominated
by CPSU and the Employer with Terms of Reference to be developed during
implementation of the Agreement.
(d) The Working Group will be chaired by a mutually agreed independent person.
(e) Where the Working Group cannot reach agreement, the independent
Chairperson may provide a recommendation to the Employer.
(f) The Employer will consider the recommendation, and will provide reasons to
the Working Group confirming, varying, or rejecting the recommendation.
(g) All parties are able to refer matters dealt with under this clause to the Fair Work
Commission in accordance with clause 13 (Resolution of Disputes).
Flexible Working Arrangements – Specific Circumstances
Section 65 of the FW Act provides that an Employee may request a change in their
working arrangements in any of the following circumstances:
(a) the Employee is the parent, or has responsibility for the care, of a child who
is of school age or younger; or
(b) the Employee is a carer (within the meaning of the Carer Recognition Act
2010); or
(c) the Employee has a disability; or
(d) the Employee is 55 or older; or
(e) the Employee is experiencing violence from a member of the employee’s
family; or
(f) the Employee provides care or support to a member of the employee’s
Immediate Family, or a member of the Employee’s household, who requires
9.8
10.
10.1
Victorian Building Authority Enterprise Agreement 2020
13
OFFICIAL
care or support because the member is experiencing violence from the
member’s family.
Note: Examples of changes in working arrangements include changes in hours of
work, changes in patterns of work and changes in location of work.
To avoid doubt, and without limiting clause 10.1, an Employee may request to work
part-time to assist the Employee to care for the Child if the Employee:
(a) is a parent, or has responsibility for the care, of a child; and
(b) is returning to work after taking leave in relation to the birth or adoption of
the child;
A casual Employee is not entitled to make a request under this clause unless the
Employee:
(i) is a Long Term Casual Employee of the Employer immediately before
making the request; and
(ii) has a reasonable expectation of continuing employment by the Employer
on a regular and systematic basis.
A request made under this clause must be made in writing and set out details of the
change sought and the reasons for the change.
Before responding to a request, the Employer must discuss the request with the
Employee and genuinely try to reach agreement on a change in working arrangements
that will reasonably accommodate the Employee’s circumstances having regards to:
(a) the needs of the Employee arising from their circumstances; and
(b) the consequences for the Employee if changes in working arrangements are
not made; and
(c) any reasonable business grounds for refusing the request.
On receipt of a request by an Employee under this clause, the Employer must give the
Employee a written response within 21 days, stating whether the Employer grants or
refuses the request.
The Employer may only refuse the request on reasonable business grounds.
Without limiting what are reasonable business grounds for the purposes of clause 10.7,
reasonable business grounds include any of the following:
(a) that the new working arrangements requested by the Employee would be too
costly for the Employer; or
(b) that there is no capacity to change the working arrangements of other
Employees, or recruit new Employees, to accommodate the new working
arrangements requested by the Employer; or
(c) that it would be impractical to change the working arrangements of other
Employees, or recruit new Employees, to accommodate the new working
arrangements requested by the Employee; or
10.2
10.3
10.4
10.5
10.6
10.7
10.8
Victorian Building Authority Enterprise Agreement 2020
14
OFFICIAL
(d) that the new working arrangements requested by the Employee would be
likely to result in a significant loss in efficiency or productivity; or
(e) that the new working arrangements requested by the employee would be
likely to have a significant negative impact on customer service.
If the Employer refuses the request, the written response under clause 10.6 must
include:
(a) details of the reasons for the refusal, including the business grounds or ground
for the refusal and how the ground or grounds apply, and
(b) whether or not there are any changes in working arrangements that the
Employer can offer the employee so as to better accommodate the
Employee’s circumstances; and
(c) if the Employer can offer the employee such changes in working
arrangements, set out those changes in working arrangements.
If the Employer and Employee reached an agreement under clause 10.6 on a change
in working arrangements that differs from that initially requested by the Employee, the
Employer must provide the Employee with a written response to their request setting
out the agreed change or changes in working arrangements.
Implementation of Change
Where the Employer has developed a proposal for major change likely to have a
significant effect on Employees, such as a restructure of the workplace, the
introduction of new technology or changes to existing work practices of Employees,
the Employer will advise:
(a) the relevant Employees and the relevant Union covered by this Agreement of
the proposed change as soon as practicable after the proposal has been made;
and
(b) the relevant Employees and the relevant Union covered by this Agreement of
the likely effects on the Employees’ working conditions and responsibilities;
and
(c) of the rationale and intended benefits of any change, including improvements
to productivity, if applicable.
For the purpose of this clause, a major change is likely to have a significant effect on
Employees if it results in:
(a) the termination of the employment of Employees; or
(b) major change to the composition, operation or size of the Employer’s
workforce or to the skills required of Employees; or
(c) the elimination or diminution of job opportunities (including opportunities for
promotion or tenure); or
10.9
10.10
Part 3 Communication, Consultation and Dispute Resolution
11.
11.1
11.2
Victorian Building Authority Enterprise Agreement 2020
15
OFFICIAL
(d) the alteration of hours of work; or
(e) the need to retrain Employees; or
(f) the need to relocate Employees to another workplace; or
(g) the restructuring of jobs.
Clause 11.2(f) is subject to the rights and obligations set out in clause 19 (Usual Place
or Places of Work).
Relevant Employees means the Employees who may be affected by a change referred
to in clause 11.1.
The Relevant Employees may appoint a representative for the purposes of the
procedures of this clause.
The Employer must recognise the representative appointed by a Relevant Employee(s)
if:
i. a Relevant Employee appoints, or Relevant Employees appoint, a representative,
which may include CPSU; and
ii. the Employee or Employees advise the Employer of the identity of the
representative.
The Employer will:
(a) regularly consult with relevant Employees, their nominated representatives
(if any) and the relevant Union covered by this Agreement; and
(b) give prompt consideration to matters raised by the Employees, their
nominated representatives (if any) or the relevant Union covered by this
Agreement; and
(c) if appropriate provide training for the Employees to assist them to integrate
successfully into the new structure.
In accordance with this clause, the relevant Employees, their nominated
representatives (if any) and the relevant Union covered by this Agreement may submit
alternative proposals which will meet the indicated rationale and benefits of the
proposal.
(a) Such alternative proposals must be submitted in a timely manner so as not to
lead to an unreasonable delay in the introduction of any contemplated change.
(b) If such a proposal is made the Employer must give considered reasons to the
affected Employees and the relevant Union covered by this Agreement if the
Employer does not accept its proposals.
(c) Indicative reasonable timeframes are set out below. The steps, timeframes,
and the extent of consultation in each case will:
(i) be commensurate with the scale of the proposed major change and the
likely significant effect for Employees, and
11.3
11.4
11.5
11.6
11.7
11.8
Victorian Building Authority Enterprise Agreement 2020
16
OFFICIAL
(ii) take account of the Parties’ agreement in clause 15 (Agility Principles)
that the principles of workforce mobility will be operationalised over the
life of the Agreement through a range of change practices, modes of work
and services delivery.
Step in process Number of working days in which
to perform each step
Employer advises Employees, their
nominated representatives (if any) and
relevant Union covered by this Agreement
Response from Employees, their nominated
representatives (if any) or the relevant Union
covered by this Agreement
5 days following receipt of written
advice from Employer
Meeting convened (if requested) 5 days following request for meeting
Further Employer response (if relevant) 5 days following meeting
Alternative proposal from Employees, their
nominated representatives (if any) or
relevant Union covered by this Agreement (if
applicable)
10 days following receipt of Employer
response
Employer response to any alternative proposal 10 days following receipt of alternative
proposal
Any dispute concerning the Parties’ obligations under this clause shall be dealt with in
accordance with clause 13 (Resolution of Disputes).
Consultation on Changes to Hours of Work
This clause applies if the Employer proposes to introduce a change to the ordinary
hours of work of Employees.
The Employer must notify the relevant Employees of the proposed change. Relevant
Employees means the Employees who may be affected by a change referred to in
clause 12.1.
The relevant Employees may appoint a representative for the purposes of the
procedures in this clause.
The Employer must recognise the representative appointed by a Relevant Employee(s)
if:
(a) a Relevant Employee appoints, or Relevant employees appoint, a
representative, which may include CPSU, for the purposes of consultation;
and
(b) the Employee or Employees advise the Employer of the identity of the
representative.
11.9
12.
12.1
12.2
12.3
12.4
Victorian Building Authority Enterprise Agreement 2020
17
OFFICIAL
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).
However, the Employer is not required to disclose confidential or commercially
sensitive information to the relevant Employees.
The Employer must give prompt and genuine consideration to matters raised about the
change by the relevant Employees.
Resolution of Disputes
For the purposes of this clause 13, a dispute includes a grievance.
Unless otherwise provided for in this Agreement, a dispute about a matter arising under
this Agreement or the National Employment Standards set out in the FW Act, other
than termination of employment, must be dealt with in accordance with this clause. To
avoid doubt, a dispute about termination of employment cannot be dealt with under
this clause.
This clause does not apply to any dispute regarding a matter or matters arising in the
course of bargaining in relation to a proposed enterprise agreement.
The Union may raise a dispute and be a party to a dispute in its own right or in a
representative capacity for an Employee or group of Employees.
A person covered by this Agreement may choose to be represented at any stage by a
representative, including a Union representative or Employer’s organisation.
Obligations
(a) The parties to the dispute and their representatives must genuinely attempt to
resolve the dispute through the processes set out in this clause and must
cooperate to ensure that these processes are carried out expeditiously.
(b) Whilst a dispute is being dealt with in accordance with this clause, work must
continue in accordance with usual practice, provided that this does not apply
to an Employee who has a reasonable concern about an imminent risk to their
health or safety, has advised the Employer of this concern and has not
12.5
12.6
12.7
13.
13.1
13.2
13.3
13.4
13.5
13.6
Victorian Building Authority Enterprise Agreement 2020
18
OFFICIAL
unreasonably failed to comply with a direction by the Employer to perform
other available work that is safe and appropriate for the Employee to perform.
(c) No person covered by this Agreement will be prejudiced as to the final
settlement of the dispute by the continuance of work in accordance with this
clause.
Agreement and Dispute Settlement Facilitation
(a) For the purposes of compliance with this Agreement (including compliance
with this dispute settlement procedure) if the chosen Employee representative
is another Employee of the Employer, they must be released by the Employer
from normal duties for such periods of time as may be reasonably necessary
to enable them to represent Employees concerning matters pertaining to the
employment relationship including but not limited to:
(i) Investigating the circumstances of a dispute or an alleged breach of this
Agreement; or
(ii) Endeavouring to resolve a dispute arising out of the operation of this
Agreement; or
(iii) Participating in conciliation, arbitration or any other agreed alternative
dispute resolution process.
(b) The release from normal duties referred to in this clause is subject to the
proviso that it does not unduly affect the operations of the Employer.
Discussion of Dispute
(a) The dispute must first be discussed by the aggrieved Employee(s) with the
immediate supervisor of the Employee(s).
(b) If the dispute is not settled, the aggrieved Employee(s) can require that the
dispute be discussed with another representative of the Employer appointed
for the purposes of this procedure.
Internal Process
(a) If any party to the dispute who is covered by this Agreement refers the dispute
to an established internal dispute resolution process, the matter must first be
dealt with according to that process, provided that the process is conducted as
expeditiously as possible and:
(i) is consistent with the rules of natural justice; and
(ii) provides for mediation or conciliation of the dispute; and
(iii) provides that the Employer will take into consideration any views on who
should conduct the review; and
(iv) is conducted with as little formality as a proper consideration of the dispute
allows.
(b) If the dispute is not settled through an internal dispute resolution process, the
matter can be dealt with in accordance with the processes set out below.
13.7
13.8
13.9
Victorian Building Authority Enterprise Agreement 2020
19
OFFICIAL
(c) If the matter is not settled either party to the dispute may apply to the FWC
to have the dispute dealt with by conciliation.
Disputes of a Collective Character
(a) The Parties acknowledge that disputes of a collective character concerning
more than one Employee may be dealt with more expeditiously by an early
reference to the FWC.
(b) No dispute of a collective character may be referred to the FWC directly
unless there has been a genuine attempt to resolve the dispute at the workplace
level prior to it being referred to the FWC.
Conciliation
(a) Where a dispute is referred for conciliation, a member of the FWC will do
everything that appears to the member to be right and proper to assist the
parties to the dispute to agree on settlement terms.
(b) This may include arranging:
(i) conferences of the parties to the dispute presided over by the member; and
(ii) for the parties to the dispute to confer among themselves at conferences at
which the member is not present.
(c) Conciliation before the FWC will be regarded as completed when:
(i) the parties to the dispute have reached agreement on the settlement of the
dispute; or
(ii) the member of the FWC conducting the conciliation has, either of their
own motion or after an application by a party to the dispute, satisfied
themselves that there is no likelihood that, within a reasonable period,
further conciliation will result in a settlement; or
(iii) the parties to the dispute have informed the FWC member that there is no
likelihood of agreement on the settlement of the dispute and the member
does not have substantial reason to refuse to regard the conciliation
proceedings as completed.
Arbitration
(a) If the dispute has not been settled when conciliation has been completed, a
party to the dispute may request that the FWC proceed to determine the
dispute by arbitration.
(b) If a member of the FWC has exercised conciliation powers in relation to the
dispute, the member must not exercise, or take part in the exercise of,
arbitration powers in relation to the dispute if a party to the dispute objects to
the member doing so.
(c) Subject to clause 13.12(d), the determination of the FWC is binding upon the
persons covered by this Agreement.
(d) A determination of a single member of the FWC made pursuant to this clause
may, with the permission of a Full Bench of the FWC, be appealed.
13.10
13.11
13.12
Victorian Building Authority Enterprise Agreement 2020
20
OFFICIAL
General Powers and Procedures of the FWC
Subject to any agreement between the parties in relation to a particular dispute and the
provisions of this clause, in dealing with a dispute through conciliation or arbitration,
the FWC may conduct the matter in accordance with Subdivision B of Division 3 of
Part 5-1 of the FW Act.
Workload
The Employer acknowledges the benefits to both the organisation and individual
Employee gained through Employees having a balance between both their professional
and family life.
The Employer further recognises that the allocation of work must include
consideration of the Employee’s hours of work, health, safety and welfare. Work will
be allocated so that there is not an allocation that routinely requires work to be
undertaken beyond an Employee’s ordinary hours of work.
An Employee or group of Employees may request a review of their workload if they
believe the workload is unreasonable. The request must be made in writing and set out
details of the workload of the Employee or group of Employees and the reasons why
the workload is considered unreasonable.
On receipt of a request by an Employee or group of Employees under this clause, the
Employer must give the Employee a written response within 21 days, stating whether
the Employer agrees to or refuses the request.
If the Employer refuses the request for a review, the written response under clause
14.4 must include details of the reasons for the refusal.
If the Employer agrees to the request, a review of the workload of the Employee or
group of Employee’s will be conducted.
Following the completion of the review, the Employee or group of Employees and the
Employer will agree on any necessary adjustments that are required to be implemented
to ensure the workload for the Employee or group of Employees is reasonable.
Agility Principles
The Parties agree to interpret and apply this Agreement consistently with the following
principles aimed at promoting workforce agility:
(a) The work required of the VBA may change over the life of the agreement due
to factors such as new government priorities, business development,
population growth, the pace and scale of technological advancement,
changing community service delivery expectations and the need to respond
to evolving complex public policy problems and issues.
(b) Embracing these changing priorities is essential to providing secure, flexible
employment in the VBA. Within the framework of secure employment
13.13
14.
14.1
14.2
14.3
14.4
14.5
14.6
14.7
Part 4 Employment Relationship and Related Arrangements
15.
15.1
Victorian Building Authority Enterprise Agreement 2020
21
OFFICIAL
(clause 17) and flexibility (clause 8), the Parties acknowledge the importance
of ensuring that Employees can be responsively deployed to support changing
regulatory priorities.
(c) VBA is a professional organisation that offers a career path that can offer
employment careers beyond a fixed role within a specific business unit.
Employees will be supported and encouraged to gain relevant, diverse and
evolving skills and experiences within and across the organisation and, where
appropriate, outside of the organisation, appropriate for facilitating delivery
of regulatory priorities as they change over time.
The Parties agree that the principles set out above will be operationalised over the life
of the Agreement, through a range of changed workplace practices, modes of work
and service delivery. These may include, for example but not limited to:
(a) Reduction of operational and mobility barriers between the roles and business
units, and between the VBA and the broader public sector; and
(b) A model where Employees are deployed to priority regulatory or operational
projects or programs within the VBA, and across the public sector based on
their core skills and capabilities, but also for the purpose of building new skill
and capabilities, rather than being limited to a specific function in a specific
area; and
(c) Greater operational flexibility around when and how work is performed,
including promoting remote working arrangements and the use of shared
office spaces; and
(d) Development of generalist capability to allow strategic deployment of
Employees across functional areas and business units with common or
universal skill sets and enhancing this flexibility through the review of
position descriptions to incorporate changes where appropriate; and
(e) A better approach to secondments, and enhanced promotion of and
opportunities for secondments, job shares and other reprioritisation of skills
to ensure the right expertise informs policy and strategy development; and
(f) Building of specialist skills through targeted professional development in
growing sectors; and
(g) Regularly reviewing the ways the agility principles can be operationalised,
including in circumstances of any change in government priorities.
The parties agree that workforce mobility measures are not intended to adversely affect
Employees’ overall employment security within the VBA or otherwise disadvantage
Employees in their employment. In particular:
(a) The Employer will not require an Employee to physically relocate without
appropriate consultation and supports, and
(b) The Employer will designate a line manager for personal development,
wellbeing, performance assessment and related support. An Employee may
report to a number of different managers for projects or work activities. The
line manager may consult with the Employee’s different project or work
15.2
15.3
Victorian Building Authority Enterprise Agreement 2020
22
OFFICIAL
activity managers in assessing an Employee’s performance. The designated
line manager will ensure an Employee’s reporting arrangements are clear, and
(c) Clause 14 – Workload applies in respect of workforce agility measures, and
(d) An Eligible Employee’s participation in workforce agility measures will be
regarded favourably and not place that Employee at a disadvantage for the
purposes of performance development and progression at Clause 29
(Performance Development and Progression within a Value Range), and
(e) The Employer will at all times apply the appropriate classification level, and
where applicable, higher duties allowance, to work performed by an
Employee, and
(f) The Employer will comply with its obligations under the Agreement (see
clauses 8 – 10) and section 65 of the FW Act regarding flexible work
arrangements and will ensure that an Employee’s need for flexible work
arrangements is taken into account in implementing mobility measures, and
(g) The Employer will comply with its obligations under the Agreement and the
Occupational Health and Safety Act 2004 (Vic) when implementing mobility
measures, and
(h) Agility measures will not disadvantage an Employee in their terms and
conditions of employment.
Agility Payment
Employees will be paid an annual lump sum agility payment:
(a) in recognition of the Parties commitment to the agility principles outlined in
clause 15 (Agility Principles) of the Agreement, and
(b) in recognition of the fact that the work required of a modern public sector is
not static but always changing, and
(c) to acknowledge Employees are committed to ensuring they can be
responsively deployed to support regulatory priorities.
The agility payment in the tables below will be made as once off lump sum payments
on the dates specified (pro-rata for part-time Employees):
Table 1: VBA Classification
Grade Value
Range
22 December 2020 1 July 2021 1 July 2022 1 July 2023
1 1.1 $642 $655 $668 $682
2 2.1 $757 $772 $788 $803
2.2 $851 $868 $886 $903
3 3.1 $963 $982 $1,002 $1,022
3.2 $1,056 $1,077 $1,099 $1,121
16.
16.1
16.2
Victorian Building Authority Enterprise Agreement 2020
23
OFFICIAL
4 4.1 $1,222 $1,246 $1,271 $1,297
5 5.1 $1,373 $1,400 $1,428 $1,457
5.2 $1,503 $1,533 $1,564 $1,595
6 6.1 $1,781 $1,817 $1,854 $1,891
6.2 $2,039 $2,080 $2,122 $2,165
7 7.1 $2,318 $2,365 $2,412 $2,461
7.2 $2,566 $2,618 $2,671 $2,724
7.3 $2,815 $2,871 $2,929 $2,988
Secure Employment
The Employer acknowledges the positive impact that secure employment has on
Employees and the provision of quality services to the Victorian community.
The Employer will give preference to ongoing forms of employment over casual and
fixed term arrangements wherever possible.
Use of Fixed Term Employment
(a) The Employer will not use fixed term contract positions for the purpose of
undermining the job security or conditions of full-time ongoing Employees.
(b) In accordance with the principle set out in clause 17.3(a), the use of fixed
term employment in all areas covered by this Agreement is limited to:
(i) replacement of Employees proceeding on approved leave; or
(ii) meeting fluctuating client and employment needs and unexpected
increased workloads; or
(iii) undertaking a specified task which is funded for a specified period; or
(iv) filling a vacancy resulting from an Employee undertaking a temporary
assignment or secondment; or
(v) temporarily filling a vacancy where, following an appropriate selection
process, a suitable ongoing Employee is not available; or
(vi) filling a vacant role whilst a review of the area is undertaken, provided that
such appointment does not exceed a period of twelve months.
(c) In other than exceptional or unforeseen circumstances, fixed term
appointments to a specific position will be for a maximum of three years,
subject to clause 54 (Parental Leave).
(d) Where an Employee is posted overseas the limitations on the use of fixed term
employment outlined in this clause do not apply.
17.
17.1
17.2
17.3
Victorian Building Authority Enterprise Agreement 2020
24
OFFICIAL
Use of Casual Employment
(a) The Employer will not use casual labour for the purpose of undermining the
job security of ongoing Employees, for the purpose of turning over a series
of casual workers to fill an ongoing employment vacancy or as a means of
avoiding obligations under this Agreement.
(b) In accordance with the principle set out in clause 17.4(a), the employment of
casuals in all areas covered by this Agreement is limited to meeting short-
term work demands or specialist skill requirements which are not continuing
and would not be anticipated to be met by existing Employee levels.
(c) Casual employment will be for not less than three consecutive hours in any
day worked except:
(i) where the Employee works from home by agreement with the Employer;
or
(ii) with the agreement of the Employee.
(d) Except as expressly provided for, all other provisions of this Agreement apply
to casual Employees.
If the Union or affected Employees identify fixed term or casual employment that is
considered not to meet the criteria established in clauses 17.3 or 17.4, the Union or
affected Employees will refer the matter to the Employer. If the Parties cannot resolve
the matter, it will be dealt with under clause 13 (Resolution of Disputes).
Employment Categories and Entitlements
Basis of Employment
Employees may be employed on:
(a) an ongoing basis;
(b) a fixed term basis; or
(c) a casual basis.
Job Information
(a) As soon as practicable after the commencement of employment, the
Employee will be provided in writing or electronically with details of the job
title, classification level and job statement for their position.
(b) A fixed term Employee must be provided in writing or electronically the
reason for their fixed term employment consistent with clause 17.3.
(c) The Employee will carry out the duties described in the job statement and
such other duties as directed consistent with their skills and classification
descriptors.
(d) The Employer will provide the Employee with a copy of this Agreement and
information regarding the role of Unions and/or Union delegates under the
terms of this Agreement.
17.4
17.5
18.
18.1
18.2
Victorian Building Authority Enterprise Agreement 2020
25
OFFICIAL
(e) The Employer will ensure that an induction process is developed and
maintained for the purpose of educating new Employees about VBA
structures and policies within the framework of employment in the VBA. The
Employer will ensure that Unions are provided with an opportunity to explain
their role and functions in consultative and dispute resolution processes
provided for under this Agreement.
Probationary Period – New Employee
(a) New Employees, other than casual Employees, commence employment on a
probationary basis for a period of six months (the Probationary Period).
(b) In this clause, ‘New Employee’ means an Employee on their commencement
of employment with the VBA.
(c) The Probationary Period of a New Employee is reduced by any period of
continuous employment in the VBA, immediately preceding the
commencement of employment, including any fixed term employment but
not including casual employment.
(d) Performance during probation
If the Employer identifies conduct or performance issues during the
probationary period, the Employer will counsel the Employee during the
Probationary Period in relation to their conduct or performance and provide
a written record of such counselling to the Employee.
(e) Confirmation of employment
Unless the employment is terminated earlier, at the completion of the
Probationary Period the Employee’s employment is confirmed.
(f) Termination of employment
(i) A probationary Employee may resign at any time by giving a minimum of
two weeks' written notice to the Employer, or a shorter period that is agreed
with the Employer.
(ii) In the event that the Employee’s conduct or performance during the
probationary period is unsatisfactory, the Employer may terminate the
probationary Employee’s employment by giving two weeks’ notice or two
weeks’ pay in lieu of notice.
(iii) Any notice period must be given no later than two weeks’ prior to the end
of the Probationary Period. Alternatively, the Employee’s employment
may be terminated by giving two weeks’ pay in lieu of notice prior to the
end of the Probationary Period.
(iv) A probationary Employee’s employment may be terminated without
notice or payment in lieu of notice if the Employee has committed any act
of serious misconduct (as defined in regulation 1.07 of the Fair Work
Regulations 2009).
(v) An Employee’s absence from work for any period during the Probationary
Period does not inhibit the Employer from terminating the Employee’s
employment under this subclause.
18.3
Victorian Building Authority Enterprise Agreement 2020
26
OFFICIAL
Part-Time Employment
(a) Provisions relating to salary, leave and all other entitlements contained within
this Agreement apply to part-time Employees on a pro rata basis calculated
on the number of ordinary hours worked.
(b) Part-time employment is for not less than three consecutive hours in any day
worked except:
(i) if the Employee works from home by agreement with the Employer; or
(ii) with the agreement of the Employee.
(c) Part-time employment may be worked only by agreement between the
Employee and the Employer, where that agreement includes a roster
specifying:
(i) the days in each fortnight the Employee will work; and
(ii) the start and finish times on the days which the Employee will work; and
(iii) the number of hours the Employee will work on each day they work; and
(iv) agreed processes for the variation of hours of work.
(d) Rostered hours agreed under clause 18.4(c) will be considered the
Employee’s ordinary hours.
Usual Place or Places of Work
The Employer must determine a usual place or places of work for an Employee.
The Employer may change an Employee’s usual place or places of work, on either a
temporary or permanent basis, in accordance with this clause.
For any change to an Employee’s usual place or places of work:
(a) The Employer must consider any alternative proposal put by an Employee
who can demonstrate hardship in their personal circumstances arising from
the change; and
(b) The Employer must consider any disabilities the Employee may have and
whether because of that, the Employee would be adversely affected by a
change to work location; and
(c) The Employer must ensure that any mobility aids or reasonable adjustments
in place for an Employee continue at the new place or places of work.
Definitions
(a) Work Area means the Melbourne CBD or a Suburb or Regional Town
(b) Melbourne CBD means any location on or within the areas:
(i) from Flinders Street to Queensberry Street; and
18.4
19.
19.1
19.2
19.3
19.4
Victorian Building Authority Enterprise Agreement 2020
27
OFFICIAL
(ii) from Spencer Street to Lansdowne Street; and
(iii) from the corner of Queensberry and Peel Street south to the Queen Victoria
Market and along Dudley Street to Spencer Street; an
(iv) along Victoria Street to Rathdowne Street; and
(v) the Docklands; and
(vi) Southbank; or a location in close proximity to any of these areas.
(c) Suburb or Regional Town means the area covered by the official
postal subdivisions which apply to the location and any adjacent Suburb
or Town which is within close proximity to the location.
Temporary change to usual place or places of work
(a) Temporary change to usual place or places of work within a Work Area
The Employer may change the usual place or places of work of an Employee
within a Work Area by providing the Employee with at least 24 hours’
notice, or a lesser period if agreed.
(b) Temporary change to usual place or places of work to a different
Work Area
(i) The Employer may change the usual place or places of work of an
Employee to a different Work Area on a temporary basis, by
providing the Employee with at least two weeks’ notice, or a lesser
period if agreed.
(ii) Any additional travelling time for the Employee arising from the
change will be regarded as time worked.
(iii) The Employer must have regard to the Employee’s practicable
commuting options and personal circumstances, including
childcare arrangements, in implementing the change.
Permanent change to usual place or places of work which does not require
residential relocation
(a) Permanent change to usual place or places of work within a Work
Area
The Employer may permanently change an Employee’s usual place or
places of work within a Work Area by providing two weeks’ notice or
a lesser period if agreed. The Employer must also pay the applicable
disturbance allowance at clause 19.6(c).
(b) Permanent change to usual place or places of work to a different
Work Area
(i) The Employer may permanently change an Employee’s usual place
or places of work to a different Work Area by:
19.5
19.6
Victorian Building Authority Enterprise Agreement 2020
28
OFFICIAL
• providing notice as set out in clause 19.6(b)(iii), or a
lesser period if agreed, and
• payment of the applicable disturbance allowance at
clause 19.6(c)in compensation for all disturbance factors
arising from the change.
(ii) The Employer must have regard to the Employee’s practicable
commuting options and personal circumstances, including
childcare arrangements, in implementing the change.
(iii) The minimum notice period required for a permanent change to the
usual place or places of work to a different Work Area is outlined
in the table below.
Table 2: Notice provide for a permanent change to usual place or places of work to a different Work Area
Distance/Time Total notice period required
For the first 30 mins of additional daily travel
time required or 30 kilometres additional
daily distance or part thereof
2 weeks
For between 31-60mins of additional daily
travel time or 60 kilometres additional daily
distance or part thereof
4 weeks
For over 61mins of additional daily travel
time or over 90 kilometres additional daily
distance or part thereof
5 weeks
(c) Disturbance allowance
The Employee is entitled to a once only allowance in compensation for all
disturbance factors arising from the change in accordance with clause 19.6.
The Employee will be paid for extra daily travel the greater of the distance or
time calculation set out in the table below based on the most direct route to the
new usual place or places of work.
Victorian Building Authority Enterprise Agreement 2020
29
OFFICIAL
Table 3: Disturbance allowance for extra distance travelled or time per day
Date of effect
20 March 1 December 1 September 1 June 2022 1 March 1 December
2020 2020 2021 2023 2023
1. 10 Kilometres or less extra distance travelled
No allowance payable
2. 10 kilometres or more for the first 30 mins of extra travel time required or 30
kilometres distance or part thereof
$1,497 $1,516 $1,539 $1,558 $1,581 $1,597
3. 31-60mins of extra travel time or 60 kilometres extra distance or part thereof
$2,994 $3,032 $3,077 $3,116 $3,162 $3,194
4. 61-90mins of extra travel time or 90 kilometres extra distance or part thereof
$4,491 $4,548 $4,616 $4,673 $4,744 $4,791
5. 91-120mins or more of extra travel time or 120 kilometres or more of extra
distance or part thereof
$5,989 $6,063 $6,154 $6,231 $6,325 $6,388
6. Each extra 30 minutes or 30 kilometres or part thereof beyond that provided for
above, where it is reasonable and safe for the Employee to travel to the new work
location
$1,497 $1,516 $1,539 $1,558 $1,581 $1,597
Permanent relocation of the usual place of work requiring residential relocation
(a) Residential Relocation principles
If the Employer considers that it is reasonable and necessary for an
Employee to move residence as a result of relocation from one work location
to another, and the relocation arises from promotion or transfer as a result of
an advertised vacancy, or redeployment, the Employee will be entitled to:
(i) up to three days’ paid leave associated with the relocation; and
(ii) reimbursement of reasonable expenses associated with the relocation
as per clause 19.7(b).
(b) Reasonable relocation expenses
Relocation expenses include reasonable expenses directly incurred by the
Employee and their family as a result of:
(i) the journey to the new location, including meals and accommodation;
(ii) removal, storage and insurance; and
19.7
Victorian Building Authority Enterprise Agreement 2020
30
OFFICIAL
(iii) selling and purchasing of a comparable residence.
Employee initiated changes
An Employee may request a change to their usual place or places of work in
accordance with Clause 10 (Flexible Work Arrangements – Specific
Circumstances).
Termination of Employment
Notice of termination by Employer
(a) In order to terminate the employment of an Employee, other than a casual
Employee, the Employer must give to the Employee the following notice
period:
Table 4: Notice of termination by Employer
Employee’s period of continuous service with
the Employer
Minimum period of
notice
No more than 3 years 2 weeks
More than 3 years 4 weeks
(b) In addition to this notice, Employees over 45 years of age at the time of the
giving of the notice with not less than two years continuous service are
entitled to an additional week’s notice.
(c) Payment in lieu of the notice will be made if the Employer notifies the
Employee that the Employer does not require the Employee to work the
entirety of the applicable notice period. Employment may be terminated by
the Employee working part of the required period of notice and by the
Employer making payment for the remainder of the period of notice.
(d) In calculating any payment in lieu of notice, the Employer will use the salary
an Employee would have received for the ordinary time they would have
worked during the period of notice had their employment not been terminated.
(e) The period of notice in this clause will not apply to dismissal for serious
misconduct.
Employee Resignation
(a) Unless otherwise agreed by the Employer and an Employee, an Employee
other than a casual or probationary Employee, may resign at any time by
giving a minimum of four weeks' written notice to the Employer.
(b) In the event an Employee resigns and elects to leave before serving the
required notice period, the balance of the notice period not served will not be
paid out by the Employer.
19.8
20.
20.1
20.2
Victorian Building Authority Enterprise Agreement 2020
31
OFFICIAL
Abandonment of Employment
(a) Abandonment of employment is the unapproved absence of an Employee
without reasonable grounds as described in clause 20.4(b).
(b) The Employer is entitled to regard the employment of an Employee as
abandoned if:
(i) the Employee has been absent for more than 20 working days without the
approval of the Employer; and
(ii) the Employee has not provided the Employer with a reasonable
explanation for their absence; and
(iii) the Employer, after having made reasonable inquiries, could not
reasonably be aware of any reasonable grounds for the absence.
(c) Abandonment of employment constitutes grounds for termination by the
Employer if the employment has not otherwise ended.
(d) If the Employer terminates an Employee’s employment due to abandonment
of employment, the Employer will provide notice of termination or pay in lieu
of notice in accordance with clause 20.3.
Statement of Employment
(a) The Employer must, on receipt of a request from an Employee whose
employment will cease or has ceased, provide to the Employee a written
statement specifying the period of their employment and the classification of
or the type of work performed by the Employee.
(b) Where the Employer terminates an Employee's employment, the Employer
must, at the Employee’s request, provide a written statement of the reasons
for dismissal.
Rights Not Limited
This clause does not limit the rights of Employees to pursue any other legal remedy in
respect of termination of employment.
Costs of Employment Related Legal Proceedings
If an Employee is required to attend or participate in a proceeding, hearing,
examination, inquiry or investigative process on matters which arise from the
performance of the Employee’s duties, the Employer must meet the Employee’s
reasonable legal costs relating to the Employee’s appearance and legal representation
in the matter. This includes, but is not limited to, a matter before a Royal Commission,
Independent Broad-based Anti-Corruption Commission, Ombudsman’s or a Coroner’s
inquest.
Where legal proceedings are initiated against an Employee as a direct consequence of
the Employee legitimately and properly performing their duties, the Employer will not
unreasonably withhold agreement to meet the Employee’s reasonable legal costs
relating to the defence of such proceedings.
20.3
20.4
20.5
21.
21.1
21.2
Victorian Building Authority Enterprise Agreement 2020
32
OFFICIAL
Where, as a direct consequence of the Employee legitimately and properly performing
their duties, it is necessary to obtain an intervention order or similar remedy against a
person, the Employer will not unreasonably withhold agreement to meet the
Employee’s reasonable legal costs in obtaining the order or other remedy.
An Employee’s immediate supervisor must ensure that an application to meet
reasonable legal costs will be referred to the appropriate person or body to enable the
application to be decided expeditiously.
This clause does not require the Employer to meet any Employee legal costs incurred
in response to an employment related act, process or decision of the Employer.
Working From Home
Working from home arrangements may be agreed between the Employer and an
individual Employee on a case by case basis.
During the life of the Agreement, the Parties agree to review working from home
arrangements taking into account the experience gained during the Coronavirus
(COVID-19) pandemic.
Redeployment
Redeployment Principles are set out in Schedule A.
Management of Unsatisfactory Work Performance
The purpose of this clause is to:
(a) support Employees with unsatisfactory work performance to improve their
performance to the required standard;
(b) ensure that unsatisfactory work performance is addressed expeditiously;
(c) reflect the public sector values of integrity, impartiality, accountability and
respect with the aim of ensuring that Employees are treated fairly and
reasonably; and
(d) provide a fair and transparent framework for action to be taken where an
Employee continues to perform below the Employer’s expected standard.
Application
(a) Subject to applicable Victorian and federal legislation, action taken by the
Employer in relation to unsatisfactory work performance will be consistent
with this clause.
(b) This clause applies to all Employees except casual Employees and Employees
subject to a probationary period of employment.
21.3
21.4
21.5
22.
22.1
22.2
23.
24.
24.1
24.2
Victorian Building Authority Enterprise Agreement 2020
33
OFFICIAL
Referred unsatisfactory work performance matters
The Employer may at any time elect, where there is reasonable cause, to manage the
Employee’s work performance in accordance with clause 25 (Management of
Misconduct). Once an election has been made by the Employer under this clause, any
matters that have arisen under the process in this clause may be considered in the
process pursuant to clause 25 (Management of Misconduct).
Meaning of unsatisfactory work performance
An Employee’s work performance is unsatisfactory if the Employee fails to behave in
the ways described in the Code of Conduct for Victorian Public Sector Employees as
issued under section 61 of the Public Administration Act 2004 or perform to the
required standards or expectations of their role.
Procedural fairness to apply
(a) The process for managing unsatisfactory work performance will be consistent
with the principles of procedural fairness.
(b) All parties involved in the process will commit to completing it as quickly as
practicable.
(c) Before commencing formal unsatisfactory work performance processes, the
Employer must:
(i) tell the Employee the purpose of the meeting;
(ii) provide the Employee with a copy of the formal unsatisfactory work
performance process to be followed as outlined in clause 24.9;
(iii) provide a reasonable opportunity for the Employee to seek advice from the
Union or a representative of their choice before the unsatisfactory work
performance process commences; and
(iv) allow the Employee the opportunity to provide details of any mitigating
circumstances.
(d) The Employer must take into account any reasonable explanation of any
failure by the Employee to participate before making a decision under this
clause 24.
Employee representation
An Employee is entitled to be represented by a person of their choice (including a
Union representative) at any stage of the formal review meetings of the unsatisfactory
work performance management process.
Prior to commencing the process
Prior to commencing the formal unsatisfactory work performance process, the
Employer must:
(a) consider organisational or personal factors that play a role in the Employee’s
unsatisfactory work performance and consider alternatives to the
unsatisfactory work performance process to address the problem; and
24.3
24.4
24.5
24.6
24.7
Victorian Building Authority Enterprise Agreement 2020
34
OFFICIAL
(b) have a reasonable expectation that the Employee is capable of meeting the
required level of performance. Where the Employer and Employee agree that
the Employee is not capable of meeting the required level of performance the
Employer may reassign the Employee to a suitable alternative position where
reasonably practicable. The suitable alternative position may be at a lower
grade should both the Employer and the Employee agree.
Commencing the formal unsatisfactory work performance process
Where the Employer considers that informal attempts to address an Employee’s
unsatisfactory work performance have been unsuccessful, the Employer may proceed
to formally manage the Employee’s unsatisfactory work performance in accordance
with, but not limited to, all or some of the following measures:
(a) increased supervision; or
(b) changes to the Employee’s performance plan; or
(c) mentoring; or
(d) training and professional development; or
(e) increased feedback; or
(f) coaching; or
(g) performance improvement plan.
First stage – formal counselling
(a) The first stage of formal management of unsatisfactory work performance is
formal counselling of the Employee. The Employer must:
(i) advise the Employee of the unsatisfactory work performance and confirm
the commencement of the formal counselling stage; and
(ii) outline the standard required of the Employee; and
(iii) provide the Employee with an opportunity to respond within a reasonable
timeframe; and
(iv) provide the Employee with an opportunity to improve within a reasonable
timeframe.
(b) The Employee will be advised of the consequences of not improving their
performance within a reasonable period of time and of engaging in any further
unsatisfactory work performance.
(c) A record of the formal counselling session will be placed on the Employee’s
personnel file.
(d) The formal counselling record must indicate:
(i) the standard expected of the Employee; and
(ii) where and how the Employee is not meeting this standard; and
24.8
24.9
Victorian Building Authority Enterprise Agreement 2020
35
OFFICIAL
(iii) the consequences if the Employee fails to improve their performance
including that continued or repeated unsatisfactory work performance may
result in termination of the Employee’s employment.
(e) If the Employer determines that the Employee has met the required standard
of performance during the reasonable timeframe referred to in clause
24.9(a)(iv) the Employer will notify the Employee that:
(i) the formal unsatisfactory work performance process has been completed;
and
(ii) no further action will be taken by the Employer unless the Employee
engages in continued or repeated unsatisfactory work performance, in
which case the formal unsatisfactory work performance process may
continue to the next stage.
A copy of this notification will be placed on the Employee’s personnel file.
Second stage – formal written warning
(a) The Employee will be given a formal written warning by the Employer, if:
(i) the Employee’s performance has not improved within the reasonable
period following formal counselling in accordance with clause 24.9(a)(iv);
and/or
(ii) the Employee engages in further unsatisfactory work performance.
(b) The Employer must:
(i) advise the Employee of the unsatisfactory work performance; and
(ii) outline the standard required of the Employee; and
(iii) provide the Employee with an opportunity to respond within a reasonable
timeframe; and
(iv) provide the Employee with an opportunity to improve within a reasonable
timeframe.
(c) The formal written warning must indicate:
(i) the standard expected of the Employee; and
(ii) where and how the Employee is not meeting this standard; and
(iii) the consequences if the Employee fails to improve their performance
including that continued or repeated unsatisfactory work performance may
result in termination of the Employee’s employment.
(d) The written warning will be placed on the Employee’s personnel file.
(e) If the Employer determines that the Employee has met the required standard
of performance during the reasonable timeframe referred to in clause
24.10(b)(iv), the Employer will notify the Employee that:
24.10
Victorian Building Authority Enterprise Agreement 2020
36
OFFICIAL
(i) the formal unsatisfactory work performance process has been completed;
and
(ii) no further action will be taken by the Employer unless the Employee
engages in continued or repeated unsatisfactory work performance, in
which case the formal unsatisfactory work performance process may
continue to the next stage.
(f) A copy of this notification will be placed on the Employee’s personnel file.
Third stage – final warning
(a) The Employee will be given a final written warning by the Employer if:
(i) the Employee’s performance has not improved within the reasonable time
period following receipt of a formal written warning in accordance with
clause 24.10(b)(iv); and/or
(ii) the Employee engages in further unsatisfactory work performance.
(b) The Employer must:
(i) advise the Employee of the unsatisfactory work performance; and
(ii) outline the standard required of the Employee; and
(iii) provide the Employee with an opportunity to respond within a reasonable
timeframe; and
(iv) provide the Employee with an opportunity to improve within a reasonable
timeframe.
(c) The final written warning must indicate:
(i) the standard expected of the Employee; and
(ii) where and how the Employee is not meeting this standard; and
(iii) the consequences if the Employee fails to improve their performance
including that continued or repeated unsatisfactory work performance may
result in termination of the Employee’s employment.
(d) The final written warning will be placed on the Employee’s personnel file.
(e) If the Employer determines that the Employee has met the required standard
of performance during the reasonable timeframe referred to in clause
24.11(b)(iv), the Employer will notify the Employee that:
(i) the formal unsatisfactory work performance process has been completed;
and
(ii) no further action will be taken by the Employer unless the Employee
engages in continued or repeated unsatisfactory work performance, in
which case the formal unsatisfactory work performance process may
continue to the next stage.
(f) A copy of this notification will be placed on the Employee’s personnel file.
24.11
Victorian Building Authority Enterprise Agreement 2020
37
OFFICIAL
Determination of unsatisfactory work performance outcome
(a) In the event that the Employee’s performance has not improved within the
reasonable time period following the process set out in clauses 24.9 and 24.10
and on receipt by the Employee of the final written warning in accordance
with clause 24.11, the Employer will advise the Employee of the Employee’s
continued or repeated unsatisfactory work performance and provide the
Employee with a reasonable opportunity to respond.
(b) After considering the Employee’s performance and response (including any
failure to respond in accordance with clause 24.12(a), the Employer will
determine the unsatisfactory work performance outcome that is to apply to
the Employee.
(c) The possible outcomes are:
(i) assignment of the Employee with or without their agreement to a role at a
classification level or Value Range lower than the Employee’s current
classification level or Value Range; or
(ii) termination of the Employee’s employment.
(d) The Employer will advise the Employee of the unsatisfactory work
performance outcome in writing and a copy will be placed on the Employee’s
personnel file.
Disputes
Any dispute arising under this clause may only be dealt with in accordance with clause
13 (Resolution of Disputes) when any of the following are placed on the Employee’s
personnel file in accordance with this clause (this may include whether clause 24.5
has been complied with in the Employer coming to a decision):
(a) a record of formal counselling; or
(b) a formal written warning; or
(c) a final written warning; or
(d) a notification given to the Employee pursuant to clauses 24.9(e), 24.10(e) or
24.11(e); or
(e) a record of unsatisfactory work performance outcome.
Management of Misconduct
The purpose of this clause is to:
(a) establish procedures for managing misconduct or alleged misconduct of an
Employee; and
(b) provide for Employee alleged misconduct to be investigated and addressed
expeditiously and with minimal disruption to the workplace; and
24.12
24.13
25.
25.1
Victorian Building Authority Enterprise Agreement 2020
38
OFFICIAL
(c) reflect the public sector values of integrity, impartiality, accountability and
respect with the aim of ensuring that Employees are treated fairly and
reasonably; and
(d) manage the Employee’s performance in accordance with this clause 25
instead of clause 24 (Management of Unsatisfactory Work Performance)
where the Employer determines that it would be more appropriate.
Application
(a) Subject to applicable Victorian and federal legislation, action taken by the
Employer in relation to misconduct will be consistent with this clause.
(b) This clause applies to all Employees except casual Employees and Employees
subject to a probationary period of employment.
Meaning of misconduct
For the purposes of this clause, misconduct includes:
(a) a contravention of a provision of the Public Administration Act 2004 (Vic),
the regulations to that Act, a binding code of conduct or a provision of any
statute or regulation that applies to the Employee in the Employee’s
employment; or
(b) improper conduct in an official capacity; or
(c) a contravention, without reasonable excuse, of a lawful direction given to the
Employee as an Employee by a person authorised to give that direction; or
(d) an Employee making improper use of their position for personal gain; or
(e) an Employee making improper use of information acquired by virtue of their
position to gain personally, or for anyone else, financial or other benefits or
to cause detriment to the VBA or the public sector.
Referred matters under clause 24
Any matters that have arisen under the management of unsatisfactory work
performance process in clause 24 may be considered in the misconduct process
pursuant to this clause 25.
Employee representation
An Employee is entitled to be represented by a person of their choice (including a
Union representative) at any stage of the misconduct process.
Procedural fairness to apply
(a) The process for managing Employee misconduct will be consistent with the
principles of procedural fairness.
(b) All parties involved in the misconduct process will commit to completing it
as quickly as practicable.
25.2
25.3
25.4
25.5
25.6
Victorian Building Authority Enterprise Agreement 2020
39
OFFICIAL
(c) The Employer will:
(i) advise the Employee of the purpose of any meetings; and
(ii) provide the Employee with a copy of the formal process to be followed;
and
(iii) provide a reasonable opportunity for the Employee to seek advice from the
Union or a representative of their choice at any stage of the misconduct
process; and
(iv) allow the Employee the opportunity to provide details of any mitigating
circumstances.
(d) The Employer must take into account any reasonable explanation of any
failure by the Employee to participate before making a decision under this
clause 25.
Directions
(a) Where Employee misconduct is alleged, the Employer may do any of the
following:
(i) make an initial assessment of the alleged misconduct before commencing
the formal process to determine if an investigation is required in
accordance with clause 25.10; and/or
(ii) determine that it is appropriate to immediately commence an investigation
of the alleged misconduct in accordance with clause 25.10; and/or
(iii) direct the Employee to proceed immediately to perform alternative duties
or work at an alternative place of work; and/or
(iv) direct the Employee not to speak to other Employees of the Employer
about the matter or not to visit certain places of work; and/or
(v) suspend the Employee with pay.
(b) In the event that the Employer suspends the Employee with pay under clause
25.7(a)(v), the Employer will:
(i) review this decision no later than a date which is four weeks after the
commencement of the suspension; and
(ii) confirm whether the suspension is to continue or is no longer necessary.
(c) The Employer will continue to review any decision regarding an Employee’s
suspension every four weeks thereafter, until the end of the misconduct
process in accordance with this clause 25.
Advising the employee
(a) As soon as practicable after an allegation of misconduct has been made and
the Employer has determined in accordance with clause 25.7(a)(i) or clause
25.7(a)(ii) that an investigation is required, the Employer will advise the
Employee of the alleged misconduct in writing.
25.7
25.8
Victorian Building Authority Enterprise Agreement 2020
40
OFFICIAL
(b) The written advice will contain the allegation/s of misconduct made about the
Employee. Relevant information will only be withheld where it is necessary
to withhold that information in order to protect the personal privacy of any
other person consistent with Federal or State legislation.
Admissions by Employee
(a) The Employee may at any stage elect to admit the alleged misconduct.
(b) If the Employee admits the alleged misconduct, the Employer may:
(i) determine that further investigation is required (for example to investigate
partial admissions, mitigating circumstances or other relevant issues); or
(ii) may proceed immediately to the determination of the misconduct clause
25.12 by advising the Employee of the proposed discipline outcome and
giving the Employee a reasonable opportunity to respond to the findings
in accordance with clause 25.11.
Investigation of alleged misconduct
(a) Where an investigation is required, the Employer will appoint a person to
conduct an investigation into the alleged misconduct. Where appropriate, the
investigation may be conducted by the Employee’s immediate manager. The
appointed person must not have any prior personal involvement in the matter.
(b) The Employer will provide the Employee with an opportunity to speak to the
investigator if the Employee wishes to do so.
(c) The investigation may include:
(i) collecting any relevant materials; and
(ii) speaking with the Employee; and
(iii) speaking with any relevant witnesses; and
(iv) providing the Employee with specific particulars to allow the Employee to
properly respond to the alleged misconduct; and
(v) seeking an explanation from the Employee; and
(vi) investigating any explanation made by the Employee for the purposes of
verifying the explanation so far as possible.
(d) In relation to each allegation of misconduct, the investigator will make
findings as to whether:
(i) the allegation is substantiated; or
(ii) the allegation is not substantiated.
(e) Where the investigator makes a finding that an allegation is not substantiated,
which is accepted by the Employer, the misconduct process will conclude in
relation to any such allegation and the Employee will be informed
accordingly.
25.9
25.10
Victorian Building Authority Enterprise Agreement 2020
41
OFFICIAL
(f) Where the investigator makes a finding that the allegation is substantiated,
the Employer will consider this information and propose a discipline
outcome.
Opportunity for response by Employee
(a) As soon as practicable after the investigator has made a finding that any
allegation of misconduct is substantiated, the Employee will be provided with
the findings of the investigator and the proposed discipline outcome. The
Employee will be provided with sufficient information to allow them a
reasonable basis to respond.
(b) The Employee will be given a reasonable time to respond to the findings or
the material and the recommended discipline outcome. Any response must be
provided within the above reasonable time.
Determination of discipline outcome
(a) The Employer will consider:
(i) the findings of the investigator; and
(ii) any recommendations as to the appropriate disciplinary outcome; and
(iii) any response of the Employee (including any admission of misconduct
under clause 25.9; and
(iv) any prior disciplinary outcomes,
and then determine the discipline outcome that is to apply to the Employee. The
discipline outcome must not be disproportionate to the seriousness of the matter.
(b) The possible discipline outcomes are:
(i) no action; or
(ii) performance management; or
(iii) formal counselling; or
(iv) formal warning; or
(v) final warning; or
(vi) assignment of the Employee with or without their agreement to a role at a
classification level or Value Range lower than the Employee’s current
classification level or Value Range:
• Where no suitable positions are available at the Employee’s existing
work location, the disciplinary outcome may also include a transfer of
the Employee with or without their agreement to a different work
location;
• Where the disciplinary outcome includes a transfer of the Employee to
a different work location, this will not preclude the Employee from
being entitled to payment of any applicable relocation allowance in
accordance under clause 19 (Usual Place or Places of Work).
25.11
25.12
Victorian Building Authority Enterprise Agreement 2020
42
OFFICIAL
(vii) transfer of the Employee with or without their agreement to a different
work location at the Employee’s current classification level (which will
not preclude the Employee being entitled to payment of any applicable
relocation allowance in accordance with clause 19 (Usual Place or Places
of Work).
(viii) termination of employment.
(c) In order to avoid a more severe discipline outcome being applied to an
Employee, the Employer may apply the discipline outcomes listed in clause
25.12 (b) (ii) to 25.12(b)(vii) together to form a single disciplinary outcome.
(d) The Employer will advise the Employee of the discipline outcome in writing
and a copy will be placed on the Employee’s personnel file.
Informing Employee who raised allegation of misconduct
If a process was conducted in accordance with this clause because of an allegation of
misconduct by another Employee, the Employer must advise that Employee that the
allegation has been dealt with in accordance with this clause, and may provide the
Employee with other information as is reasonably practicable.
Disputes
(a) Any dispute arising under this clause may only be dealt with in accordance
with clause 13 (Resolution of Disputes) when any of the following are placed
on the Employee’s personnel file in accordance with this clause (this may
include whether clause 25.6 has been complied with in the Employer coming
to a decision):
(i) a record of formal counselling; or
(ii) a formal written warning; or
(iii) a final written warning; or
(iv) a record of discipline outcome.
(b) Despite clause 25.14(a), a party to a misconduct investigation, may use
clause 13 (Resolution of Disputes) over the application of clause
25.6(b)when:
(i) a misconduct investigation under clause 25.10 has not been completed
within six months of the Employee being advised of alleged misconduct
under clause 25.8, and
(ii) the party considers the delay to be unreasonably caused by the other party.
Potential criminal conduct
Where alleged misconduct that is the subject of a process in accordance with this
clause 25 is also the subject of a criminal investigation or criminal proceedings, the
Employer is not required to delay or cease the management of misconduct process
under this clause 25 but the Employer may exercise its discretion to do so.
25.13
25.14
25.15
Victorian Building Authority Enterprise Agreement 2020
43
OFFICIAL
Part 5 Salary and Related Matters
Application
Classification and progression arrangements are set out in clauses 27 and 29 of this
Agreement.
Classifications and Salaries
Positions will be classified within the VBA Classification Structure based on work
value.
Classifications are divided into Grades and Value Ranges.
Employees will be employed within one of these Grades and Value Ranges based on
work requirements in accordance with the Classification and Value Range Standard
Descriptors at Schedule C to this Agreement.
Clause 27.7 deals with the arrangements for the use of the VBA 1 classification.
Movement Between Value Ranges
(a) Employees and/or positions can move between Value Ranges.
(b) Movement between the Value Ranges can occur following a job resizing
review. The review process includes an assessment of the work the Employer
requires to be undertaken and the performance of that work by the Employee.
These are assessed against the benchmarks specified in the Classification and
Value Range Standard Descriptors at Schedule C to this Agreement.
Classification and Salary on Appointment
(a) Employees will be appointed to a Grade and Value Range based on work
requirements in accordance with the Classification and Value Range Standard
Descriptors at Schedule C to this Agreement.
(b) In determining whether to recruit an Employee above the base salary point of
the relevant Value Range, the Employer will have regard to the following
matters:
(i) an assessment of whether the existing remuneration of the individual
would require paying above the base;
(ii) for Grades 1 to 4, appointment will be to a progression step within the
relevant Value Range; and
(iii) the gender equity effects of appointments.
VBA 1 Classification
(a) The VBA 1 classification is a training Grade for employees participating in
formal trainee or cadetship programs. Employees classified as VBA 1 who
are not participating in a formal employment program of this nature will
transition to the VBA 2 classification.
26.
26.1
27.
27.1
27.2
27.3
27.4
27.5
27.6
27.7
Victorian Building Authority Enterprise Agreement 2020
44
OFFICIAL
Gender Equality
Gender Pay Equity Principles
The provisions of this Agreement are to be interpreted consistently with the following
gender pay equity principles:
(a) Establishing equal pay for work of equal or comparable value: Equal or
comparable value refers to work valued as equal in terms of skill, effort,
responsibility and working conditions. This includes work of different types.
(b) Freedom from bias and discrimination: Employment and pay practices are
free from the effects of unconscious bias and assumptions based on gender.
(c) Transparency and accessibility: Employment and pay practices, pay rates and
systems are transparent. Information is readily accessible and understandable.
(d) Relationship between paid and unpaid work: Employment and pay practices
recognise and account for different patterns of labour force participation by
workers who undertake unpaid and/ or caring work.
(e) Sustainability: Interventions and solutions are collectively developed and
agreed, sustainable and enduring.
(f) Participation and engagement: Workers, unions and employers work
collaboratively to achieve mutually agreed outcomes.
Meaning of ‘Pay’
In this clause, ‘pay’ refers to remuneration including but not limited to salary, bonuses,
overtime payments, allowances and superannuation.
Commitment to collaborative approach to achieving gender pay equity
The Employer will work collaboratively with Employees and the Union to identify,
support and implement strategies designed to eradicate the gender pay gap, gender
inequality and discrimination across the VBA.
Claims relating to systemic gender equality issues
(a) A systemic gender equality issue means an issue of a systemic nature within
the Employer, which adversely affects a class or group of employees of the
Employer, relating to:
(i) The gender composition of any or all workforce levels of the Employer; or
(ii) The gender composition of governing bodies; or
(iii) Equal remuneration for work of equal or comparable value across any or
all workforce levels of the Employer, irrespective of gender; or
(iv) Sexual harassment in the workplace; or
(v) Recruitment and promotion practices in the workplace; or
(vi) Availability and utilisation of terms, conditions and practices in the
workplace relating to family violence leave, flexible working
28.
28.1
28.2
28.3
28.4
Victorian Building Authority Enterprise Agreement 2020
45
OFFICIAL
arrangements and working arrangements supporting Employees with
family or caring responsibilities; or
(vii) Gendered workplace segregation.
(b) The Union and/or a class or group of Employees (Claimant/s) may seek
resolution of a dispute relating to a systemic gender equality issue (Claim) in
accordance with this clause.
(c) A Claim or Claims under this clause must be made in writing to the Employer.
(d) In the first instance the Claim should include sufficient detail for the
Employer to make a reasonable assessment of the nature of the Claim, the
employees impacted by the Claim and any proposals to resolve the Claim.
(e) The Employer must meet and discuss the Claim with the Claimant prior to
responding to the Claim.
(f) The Employer must respond to the Claim in writing to the Claimant, within a
reasonable time, including enough details in the response to allow the
Claimant to understand the Employer’s response to each element of the
Claim, including reasons why the Claim is accepted or rejected.
(g) If the Claim is unable to be resolved between the Employer and the
Claimant/s, either the Claimant/s or the Employer may refer the Claim to the
Public Sector Gender Equality Commissioner (Commissioner) to deal with.
(h) In dealing with a Claim, the Commissioner:
(i) Must consider the Gender Pay Equity Principles articulated I clause 1.1
above; and
(ii) Must be objective and free from assumptions based on gender; and
(iii) Must acknowledge that current pre-existing views, conclusions or
assessments of comparable worth or value may not be free of assumptions
based on gender; and
(iv) Must ensure that skills, responsibilities, effort and conditions that are
commonly undervalued such as social and communication skills,
responsibility for wellbeing of others, emotional effort, cultural knowledge
and sensitivity are considered; and
(v) Must ensure that dispute resolution outcomes consider current or historical
gender-based discrimination and do not further promote systemic
undervaluation. and
(vi) Must deal with the Claim in a manner that is independent of the Employer
or the Claimant; and
(vii) Must consider evidence that the Claim may not be isolated to the Employer
subject to the Claim but may affect Employees from other public sector
employers not covered by this Agreement; and
Victorian Building Authority Enterprise Agreement 2020
46
OFFICIAL
(viii) May jointly deal with a Claim and any other dispute which has been
referred to the Commissioner which relates to the same or similar systemic
gender equality issues; and
(ix) Must consider the views of the Claimant prior to jointly dealing with
multiple Claims or disputes; and
(x) May otherwise deal with the Claim in any way the Commissioner
considers appropriate, consistent with the requirements of the Gender
Equality Act 2020 (Vic). This can include mediation, conciliation, making
recommendations or offering opinions.
(i) If a Claim is unable to be resolved by the Commissioner, either the Claimant
or the Employer may refer the Claim to the FWC for resolution pursuant to
clause 13.10 or 13.11.
(j) This clause does not apply to any dispute regarding a matter or matters arising
in the course of bargaining in relation to a proposed enterprise agreement.
(k) A Claimant or the Employer may choose to be represented at any stage by a
representative, including a Union representative or Employer’s organisation.
(l) The Claimant and Employer and their representatives must genuinely attempt
to resolve the dispute through the processes set out in this clause and must
cooperate to ensure that these processes are carried out expeditiously.
(m) Whilst a Claim is being dealt with in accordance with this clause, work must
continue in accordance with usual practice, provided that this does not apply
to an Employee who has a reasonable concern about an imminent risk to their
health or safety, has advised the Employer of this concern and has not
unreasonably failed to comply with a direction by the Employer to perform
other available work that is safe and appropriate for the Employee to perform.
No party will be prejudiced as to the final settlement of the Claim by the
continuance of work in accordance with this clause.
Gender Equality Action Plans
The Employer will consult with the Union in the preparation of Gender Equality
Action Plans under the Gender Equality Act 2020 (VIC).
Performance Development and Progression within a Value Range
Transitional Arrangement
(a) Performance Development Plans agreed between 1 July 2020 and 30 June 2021
will be prepared in accordance with the performance development and progression
arrangements in the Victorian Building Authority Enterprise Agreement 2016:
(i) Performance Development Plans agreed between 1 July 2020 and the
commencement of this Agreement, prepared in accordance with the
performance development and progression arrangements in the Victorian
Building Authority Agreement 2016, will be taken to have been prepared
in accordance with this clause;
28.5
29.
29.1
Victorian Building Authority Enterprise Agreement 2020
47
OFFICIAL
(ii) An Employee appointed on probation between 1 July 2020 and the
commencement of this Agreement will be eligible to access progression in
accordance with clause 24.3(g) of the Victorian Building Authority
Enterprise Agreement 2016 for the 2020/21 Performance Cycle.
(iii) An Employee who obtains a promotion to a position at a higher Grade or
Value Range, or otherwise negotiated a salary increase, between 1 July
2020 and the commencement of this Agreement, will be eligible to access
progression in accordance with clause 24.3(g) of the Victorian Building
Authority Agreement 2016 for the 2020/21 Performance Cycle.
(iv) The eligibility requirements set out at clause 29.5 below apply on and from
the date this Agreement commences operation.
(v) The entitlement to additional Progression payments for Employees
returning from Primary Caregiver Parental leave applies in respect of a
period of Primary Caregiver Parental leave which commences on or after
1 July 2021.
(b) The Performance development and progression arrangements outlined in this
clause, will operate for the Performance Cycle commencing 1 July 2021.
Performance Cycle and Review
(a) The performance development and review process is the framework within
which an Employee’s performance and development is planned, managed and
reviewed to determine whether an Employee is entitled to Progression or a
Top of Grade or Value Range Payment at the end of the Performance Cycle.
(b) “Progression” means advancing to the next Progression Step for VPS 1-4 or
adding the next progression amount to substantive Salary for VPS 5-7 in
accordance with this clause. Progression Steps and Progression Amounts are
referred to in the final column of clause 1 of Schedule B.
(c) “Top of Grade or Value Range Payment” means the 1 per cent lump sum of
the Employee’s Salary as at 30 June of the Performance Cycle, paid in
accordance with this clause to an Employee at the top of their Grade or Value
Range in lieu of Progression.
(d) The Performance Cycle is twelve months (1 July to 30 June).
(e) All Employees must participate in the performance development and review
process, including in the development of performance development plans and
conduct of performance discussions and reviews.
(f) Employees who refuse to participate in the performance development and
review process will be ineligible for Progression or Top of Grade or Value
Range Payment, unless the Employee’s lack of participation is due to the
Employer’s failure to initiate the performance development process.
(g) The performance development and review process has three formal stages:
29.2
Victorian Building Authority Enterprise Agreement 2020
48
OFFICIAL
Table 5: Performance development and review process
Stage Description
Commencement of the
Performance Cycle
Employer and Employee agree a performance development plan outlining:
• the agreed performance goals appropriate to the Employee’s role; and
• the agreed learning and development goals required for the Employee’s role
and/or to build the Employee’s professional capacity and career opportunities.
In addition, the Employee is expected to comply with the Public Sector Values and
Code of Conduct for Victorian Public Sector Employees.
Collectively these three elements constitute the Employee’s Progression Criteria.
The expected standard for the setting of Progression Criteria is outlined in clause
29.3.
Mid-Cycle
Performance Review
Undertaken around the mid-point of the Performance Cycle, the Employer and
Employee meet to monitor and assess the Employee’s performance towards meeting
their Progression Criteria.
End of Cycle
Performance
Review
Undertaken at the end of each Performance Cycle during which the Employee’s
performance throughout the Performance Cycle is assessed to determine whether
they have met the Progression Criteria.
(h) All Employees can expect informal and formal feedback about their
performance throughout the Performance Cycle from their supervisor or
manager.
Progression Criteria
(a) The Progression Criteria are to be agreed with each Employee at the start of
the Performance Cycle or on the Employee’s commencement in a role. The
Progression Criteria may be adjusted by agreement during the Performance
Cycle.
(b) Progression Criteria should be sufficiently detailed and clear to enable proper
assessment of performance to occur and be consistent with the Employee’s
role, skills, capabilities and the relevant Classification Descriptors outlined in
Schedule C of the Agreement. The expected capabilities, responsibilities and
behaviours appropriate to the role may be weighed and combined to develop
the Progression Criteria.
(c) Central to the performance development and review process is the need for
supervisors and managers, in consultation with Employees, to determine what
should, and can, be delivered to warrant Progression through a combination
of increasing capability, productivity, performance and professionalism. This
interaction between managers and Employees gives authority and integrity to
the structure and its sustainability in the long term.
(d) Setting Progression Criteria
(i) VBA 1 to 4 Classified Employees
29.3
Victorian Building Authority Enterprise Agreement 2020
49
OFFICIAL
For VBA Grades 1 to 4 (or equivalent), Progression Criteria will not be as
onerous as those required for VBA 5 through VBA 7 (or equivalent).
While VBA Grades 3 and 4 (or equivalent) are clearly seen as transition
points to higher levels of management within the structure and carry
additional responsibility, this does not mean work at all lower levels will
not be important and demanding. However, it is expected that in setting
agreed Progression Criteria the overwhelming majority of persons within
Grades 1 to 4 will achieve the objectives and should move through the
Salary points.
(ii) VBA 5 to VBA 7
In setting Progression Criteria for VBA 5 to VBA 7 (or equivalent)
classified Employees it is expected Progression Criteria will:
▪ include measures of excellence and skill acquisition; and
▪ be commensurate with the higher level of responsibility expected of
positions of these Grades; and
▪ be more challenging and difficult to achieve.
(e) Management should facilitate an individual Employee’s ability to undertake
appropriate learning and development. An individual Employee must actively
pursue appropriate learning and development to build professional capacity
and career opportunities.
Progression Steps, Progression Amounts and Top of grade or Value Range
payment
(a) Within each Value Range of Grades 1 to 4 there are progression steps
(expressed salary points) as detailed in the table at Schedule B.
(b) Within Grades 5 to 7 there are standard Progression Amounts as detailed in
the table in Schedule B. The Progression Amounts are expressed in terms of
dollars and are common to all Employees within a given Grade/Value Range.
(c) Progression Steps or Progression Amounts within Value Ranges are not
points of defined work value. Progression within the salary structure will not
be automatic, consistent with wage fixing principles.
(d) An Employee at the top of their Grade or Value Range who achieves
Progression (as described in clause 29.8), will, in lieu of a Progression Step
or Progression Amount, receive a top of Grade or Value Range Payment equal
to one per cent of the Employee’s Salary as at 30 June of the relevant
Performance Cycle.
Eligibility requirements for Progression or a Top of Grade or Value Range
Payment
(a) Employees are eligible to be considered for a Progression or a Top of Grade
or Value Range Payment unless any of the exclusions in clause 29.5(b) apply.
(b) An Employee is not eligible to be considered for a Progression or Top of
Grade or Value Range Payment in respect of a Performance Cycle if:
29.4
29.5
Victorian Building Authority Enterprise Agreement 2020
50
OFFICIAL
(i) the Employee has been continuously employed in the VBA for less than
12 months as at the end of the Performance Cycle; or
(ii) the Employee obtained a promotion to a position at a higher Grade or
Value Range, or otherwise negotiated a salary increase, within the
performance cycle; or
(iii) the Employee was subject to a formal underperformance process under
clause 24 at any time during the Performance Cycle; or
(iv) the Employee is subject to proven misconduct as per clause 25 during the
course of the Performance Cycle. If the investigation of alleged
misconduct spans more than one Performance Cycle, the eligibility
exclusion is to be applied in the Performance Cycle in which the
determination of the discipline outcome (under clause 25.12 of the
Agreement) is made. If a misconduct investigation is ongoing but has not
yet concluded the Employee is eligible to be considered for Progression or
Top of Grade or Value Range payment but the Employer is not precluded
from considering matters which have arisen under clause 25 in assessing
whether the Employee has met their Progression Criteria where it is fair
and reasonable to do so.
(c) For the purposes of this clause a promotion does not include any moves to the
next Grade or Value Range:
(i) which resulted in the Employee receiving less than the equivalent of one
progression step or amount, or
(ii) was achieved as a result of obtaining relevant work experience or a
qualification which is part of an automatic career advancement pathway
established or
(iii) occurred following a job-re-sizing review process conducted under clause
27.5 (Movement between Value Ranges).
Eligibility requirements for Progression or Top of Grade or Value Range
Payment – Higher Duties
(a) If an Employee has been acting in a higher position for a period of twelve
months at the end of the Performance Cycle and neither clause 29.5(b)(ii),
29.5(b)(iii) or 29.5(b)(iv) apply to the Employee, the Employee will be
eligible to be considered for Progression or a Top of Grade or Value Range
Payment for continued performance of the higher duties beyond 12 months.
(b) If an Employee progresses to the next progression step or amount while acting
in a higher position they will progress to the next Progression Step/ Amount
within their substantive Grade (if applicable).
(c) An Employee who has been acting in a higher position for a period of less
than twelve months at the end of the Performance Cycle, may be eligible to
be considered for Progression or a Top of Grade or Value Range payment at
their substantive Grade or Value Range, if they are not otherwise ineligible
because of the operation of clause 29.5.
29.6
Victorian Building Authority Enterprise Agreement 2020
51
OFFICIAL
Progression payments for Employees returning from Primary Caregiver
Parental leave
(a) An Employee is entitled to advance two progression steps or amounts or be
paid two Top of Grade or Value Range payments in the following
circumstances:
(i) The Employee was not considered for Progression or a Top of Grade or
Value Range payment due to the Employee’s absence on a period of
Primary Carer Parental Leave not exceeding 52 weeks; and
(ii) The Employee is otherwise eligible to be considered for Progression or a
Top of Grade or Value Range Payment; and
(iii) The Employee is assessed as meeting progression criteria in the
Performance Cycle in which the Employee returns to work.
(b) Any Progression or Top of Grade or Value Range payment will be processed
by the Employer at the same time as other progression outcomes resulting for
the Performance Cycle following the Employee’s return to work.
(c) An Employee’s absence from work on parental leave for part of a relevant
Performance Cycle must not disadvantage the Employee in the Employer’s
application of the Progression Criteria.
Achieving Progression or Top of Grade or Value Range Payment
(a) Progression between progression steps or amounts or the payment of a Top
of Grade or Value Range payment will occur if the Employee:
(i) meets the eligibility requirements set out in clause 29.5 or clause 29.6 (as
relevant); and
(ii) is assessed as having met their Progression Criteria at the End of Cycle
Performance Review.
(b) An End of Cycle Performance Review is undertaken at the end of each
Performance Cycle. The Employee’s performance against the Progression
Criteria is assessed by their supervisor or manager at that time.
(c) An Employee will not be disadvantaged where through the Employer’s act or
omission:
(i) learning and development opportunities are not available; or
(ii) a Performance Development Plan is not completed, or
(iii) a Mid-Cycle or End of Cycle Performance Review is not conducted.
(d) Where an Employee is assessed as having not met their agreed Progression
Criteria, the Employee will not obtain Progression or be paid a top of Grade
or Value Range Payment.
29.7
29.8
Victorian Building Authority Enterprise Agreement 2020
52
OFFICIAL
Operation of Progression Steps or Amounts or Top of Grade of Value Range
Payment where progression is achieved
(a) Other than as provided for in clause 29.9(b), progression will take effect
backdated to 1 July following the completion of the Performance Cycle to
which the progression relates.
(b) For an Employee who:
(i) has been ineligible to be considered for Progression or Top of Grade or
Value Range payment for a period of 18 months or longer as a result of the
operation of clause 29.5(b)(i) or 29.5(b)(ii); and
(ii) is assessed as having met their Progression Criteria at the end of the first
Performance Cycle in which the employee becomes eligible for
progression after the exclusions prescribed in clause 29.5(b)(i) or
29.5(b)(ii) are complete;
(c) progression will take effect backdated to 1 January in the Performance Cycle
to which the progression relates, or the Employee’s 18 Month Date,
whichever is later.
(d) An Employee’s 18 Month Date for the purposes of clause 29.9(b) is the date
18 months after the Employee commenced employment with the VBA (if
clause 29.5(b)(i) applies) or the date 18 months from the date of promotion
for the purposes of clause 29.5(b)(ii).
(e) Top of Grade or Value Range payments will be paid as a lump sum processed
by the Employer at the same time as other progression outcomes resulting for
the Performance Cycle following the Employee’s return to work.
Salary Increases
Salary Increases
(a) Employees employed by the Employer at or after the date of commencement
of this Agreement will receive the following salary increases:
29.9
30.
30.1
Victorian Building Authority Enterprise Agreement 2020
53
OFFICIAL
Table 6: Salary Increases
Date of Effect Percentage Increase
20 March 2020 1.50%
1 December 2020 1.25%
1 September 2021 1.50%
1 June 2022 1.25%
1 March 2023 1.50%
1 December 2023 1.00%
(b) The salary increases outlined in clause 30.1 are to apply to the salary ranges
set out in clause 1 of Schedule B.
Increases to salary caps for certain entitlements
Where eligibility for any Employee entitlement is to be calculated by reference to a
rate of pay, then the rate of pay applicable as at date of commencement of this
Agreement will be increased by the same increases and from the same operative dates
as provided for in clause 30.1.
Allowance adjustment
(a) All work and condition allowances in this Agreement will be increased by the
same increases and from the same operative dates as provided for in clause
30.1.
(b) An exception to this is any allowances or payment which is expressed in the
relevant provision to have been increased based on the annual rates listed in
the relevant table. These annual rates incorporated the Salary increases for the
relevant year.
Casual Employees – Loading
Employees employed on a casual basis will receive a loading of 25 per cent in addition
to the applicable hourly rate of pay as compensation in lieu of any entitlement to the
following benefits:
(a) Payment for public holidays not worked; and
(b) annual leave and annual leave loading; and
(c) paid parental leave; and
(d) paid compassionate leave; and
(e) paid personal/carer’s leave; and
(f) jury service; and
30.2
30.3
31.
Victorian Building Authority Enterprise Agreement 2020
54
OFFICIAL
(g) defence reserve leave; and
(h) accident make-up pay; and
(i) leave to attend rehabilitation programs.
Supported Wage System
The conditions which apply to Employees who, because of a disability, are eligible for
a supported wage, are set out in Schedule D.
Payment of Salaries
Salaries, allowances, penalty or overtime payments due to an Employee must be paid
by the Employer by fortnightly electronic direct credit to a bank account, credit union
or building society account nominated by the Employee. In exceptional circumstances,
including significant delays in payment of salary, the Employer will make provision
for off-line payments.
Where a normal payday falls on a Public Holiday the direct credit to the Employee’s
nominated account must be made no later than the last working day prior to the Public
Holiday.
Employees must be provided either in writing or electronically, with details of each
pay regarding the make-up of their remuneration and any deductions.
By agreement with the Employer, the Employee may authorise deductions from salary
for forwarding to superannuation funds.
In the event of an overpayment of salary, allowance, loading or other payment, the
Employer must advise the Employee. Similarly, the Employee must advise the
Employer if they know there has been an overpayment. Where agreement cannot be
reached on a repayment arrangement, the Employer may recover the overpayment by
instalments to be paid in accordance with the Financial Management Act 1994 (Vic)
as amended from time to time or any successor to that Act.
Salary Packaging
An Employee may enter into a salary packaging arrangement with their Employer
using pre-tax salary in respect of superannuation, a novated lease and/or other
approved benefits under State or Federal legislation. In the case of salary sacrifice to
State Government defined benefit superannuation schemes, arrangements must
comply with State legislation.
All costs associated with salary packaging, including the Employer’s reasonable
administrative costs, are to be met from the salary of the participating Employee.
32.
33.
33.1
33.2
33.3
33.4
33.S
34.
34.1
34.2
Victorian Building Authority Enterprise Agreement 2020
55
OFFICIAL
Allowances – Work or Conditions
General provisions
Work or conditions allowances will be paid by the Employer subject to the Employee
meeting the requirements for receipt of the allowance as set out in this clause.
First aid allowance
(a) Where an Employee, in addition their normal duties, agrees to be appointed
by the Employer to perform first aid duties:
(i) the Employee must hold a current first aid certificate or an equivalent
qualification; and
(ii) the Employee will be paid an annual allowance payable in fortnightly
instalments; and
(iii) this allowance will be as follows:
Table 7: First aid allowance
Date of Effect Amount per Annum
1 March 2020 $647
1 March 2021 $660
1 March 2022 $673
1 March 2023 $686
(b) The Employer must reimburse any additional costs incurred by the Employee
in obtaining and maintaining the first aid qualification.
Higher duties allowance
(a) When does higher duties allowance apply
A higher duties allowance will be paid where an Employee is required to
undertake all or part of the duties of a higher classified position (including a
position classified at a higher Value Range) for:
(i) a period longer than five consecutive working days; or
(ii) where the Employee works in the higher classified position on a regular
and systematic basis.
(b) Level of allowance
The level of the allowance shall be in proportion to the extent of the higher duties
performed, and shall be calculated on the base of the Grade or Value Range.
35.
35.1
35.2
35.3
Victorian Building Authority Enterprise Agreement 2020
56
OFFICIAL
(c) Leave while performing higher duties
Paid leave taken during a higher duties assignment shall be paid inclusive of the
allowance, provided the Employee resumes the duties of the higher duties
position on their return from leave.
Language allowance
(a) Where the Employee, in addition to their normal duties, agrees to be
appointed by the Employer to use their skills in a second language to assist
members of the public who have low English proficiency:
(i) the Employee must hold a current accreditation from the National
Accreditation Authority for Translators and Interpreters (NAATI); and
(ii) the Employee will be paid an annual allowance payable in fortnightly
instalments as follows:
Table 8: Language allowance
Date of Effect Language aide
accreditation
Paraprofessional
interpreter
accreditation
Interpreter
accreditation or
higher
20 March 2020 $1,114 $1,534 $2,091
1 December 2020 $1,128 $1,553 $2,117
1 September 2021 $1,145 $1,576 $2,149
1 June 2022 $1,160 $1,596 $2,176
1 March 2023 $1,177 $1,620 $2,208
1 December 2023 $1,189 $1,636 $2,230
(b) The Employer will pay the cost of the NAATI pre-testing workshop.
(c) The Employer will also meet the cost of the NAATI test, up to two times per
Employee per level of accreditation. The Employee must apply annually for
renewal of the allowance.
(d) The Employer will assess the Employee’s renewal application to determine
whether the Employer still requires the Employee to perform interpreting
duties.
Registration and Licence Allowance
Where an Employee is required to hold a plumbing registration or licence, or building
registration, to perform their duties, the Employer will meet the costs of the registration
or licence fee, including any required insurance costs.
35.4
35.5
Victorian Building Authority Enterprise Agreement 2020
57
OFFICIAL
Reimbursement of Expenses
General provisions
(a) The Employer will reimburse the Employee for the Employee’s reasonable
out of pocket expenses actually and necessarily incurred in the course of their
authorised duties.
(b) The Employer must apply the rulings of the Commissioner of Taxation
(Australian Tax Office) relating to reasonable allowances in determining the
maximum rates payable, unless otherwise agreed.
(c) The amount of an expense will be considered reasonable where it does not
exceed the relevant amounts set by the Australian Tax Office as adjusted from
time to time.
Allowable expenses
Allowable expenses include:
(a) travelling, accommodation, meals and other incidental expenses associated
with an overnight absence from home or part day duties away from the normal
work location; and
(b) expenses incurred in using private mobile and home phones in accordance
with clause 36.3; and
(c) expenses incurred in using private vehicles in accordance with clause 36.4.
Private mobile and home phone use
(a) An Employee required to use their private mobile phone or home phone in
the course of their employment will be reimbursed for work-related calls
under their plan.
(b) The Employee must obtain the prior approval of the Employer before using
their private mobile or home phone during the course of their employment.
(c) Following use, the Employee must submit an itemised statement of the calls
made and their cost.
Private motor vehicle use
(a) An Employee, required to use their private motor vehicle in the course of their
employment, will be reimbursed for kilometre costs and any other motor
vehicle reimbursement expenses incurred in the course of the Employee’s
employment and authorised by the Employer.
(b) The Employee must obtain the prior approval of the Employer before using
their private motor vehicle during the course of their employment.
(c) Following use, the Employee must submit a declaration stating the date, the
purpose of the trip, the number of kilometres travelled and the type of vehicle
used.
(d) The rates payable in respect of motor kilometre costs will be the rates
determined by the Australian Tax Office from time to time.
36.
36.1
36.2
36.3
36.4
Victorian Building Authority Enterprise Agreement 2020
58
OFFICIAL
Expense claims
(a) The Employer may require an Employee to submit to the Employer official
receipts substantiating allowable expenses incurred by the Employee as soon
as practical after incurring the expense, except where the Employee uses their
own motor vehicle for work purposes in which case the Employee will submit
a declaration in accordance with clause 36.4(c).
(b) A declaration from the Employee that the expense was incurred may be
accepted by the Employer if the official receipt is lost or misplaced, and
suitable verification can be made. A declaration from the Employee that an
incidental expense was incurred may be accepted if the Employer and the
Employee agree that the obtaining of a receipt was impractical.
The Employer will pay the Employee money owing under this clause in a manner to
be agreed between the Employer and Employee as soon as practicable, but not later
than two pay periods after the Employee submits a claim.
Upon request, the Employer will provide an advance for the expected costs associated
with work related travel or any other exercise where an Employee is likely to incur
work related expenses. As soon as practicable after the event, the Employee will
provide the Employer with an account of all expenses incurred together with receipts
(and where necessary a statement) together with any balance owed to the Employer.
Superannuation
Superannuation legislation
(a) Superannuation legislation, including the Superannuation Guarantee
(Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act
1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and
the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with
the superannuation rights and obligations of Employers and Employees.
Under superannuation legislation individual Employees generally have the
opportunity to choose their own superannuation fund. If an Employee does
not choose a superannuation fund, any superannuation fund nominated in the
Agreement covering the Employee applies.
(b) The rights and obligations in these clauses supplement those in
superannuation legislation.
Employer contributions
The Employer must make such superannuation contributions to a superannuation fund
for the benefit of an Employee, regardless of age, as will avoid the Employer being
required to pay the superannuation guarantee charge under superannuation legislation
with respect to that Employee.
Voluntary Employee contributions
(a) Subject to the governing rules of the relevant superannuation fund, an
Employee may, in writing, authorise their Employer to pay on behalf of the
Employee a specified amount from the post-taxation wages of the Employee
36.5
36.6
36.7
37.
37.1
37.2
37.3
Victorian Building Authority Enterprise Agreement 2020
59
OFFICIAL
into the same superannuation fund as the Employer makes the superannuation
contributions provided for in clause 37.2.
(b) An Employee may adjust the amount the Employee has authorised their
Employer to pay from the wages of the Employee from the first of the month
following the giving of three months’ written notice to their Employer.
(c) The Employer must pay the amount authorised under clauses 37.3(a) or
37.3(b) no later than 28 days after the end of the month in which the deduction
authorised under clauses 37.3(a) or 37.3(b) was made.
Superannuation fund
Unless, to comply with superannuation legislation, the Employer is required to make
the superannuation contributions provided for in clause 37.2 to another superannuation
fund that is chosen by the Employee, the Employer must make the superannuation
contributions provided for in clause 37.2 and pay the amount authorised under clauses
37.3(a) or 37.3(b) to one of the following superannuation funds:
(a) the Employer’s default superannuation fund; or
(b) any superannuation fund to which the Employer was making superannuation
contributions for the benefit of its Employees before 12 September 2008,
provided the superannuation fund is an eligible choice fund and is a fund that
offers a MySuper product or is an exempt public sector superannuation
scheme; or
(c) a superannuation fund or scheme which the Employee is a defined benefit
member of.
Employer contributions in respect of Primary Caregiver Parental Leave
(a) An Employee is entitled to have superannuation contributions made in respect
of the period of the Employee’s Primary Caregiver Parental Leave which
occurs after the commencement of the Agreement.
(b) The Employer will pay the superannuation contributions as a lump sum to the
Employee’s fund as provided for in clause 37.4.
(c) The lump sum payment will be made on or before the first superannuation
guarantee quarterly payment due date following the Employee’s return to
work at the conclusion of their Primary Caregiver Parental Leave.
(d) The quantum of superannuation contributions payable under this clause will
be calculated based on:
(i) The number of weeks of Primary Caregiver parental leave taken by the
Employee, capped at 52 weeks; and
(ii) The Employee’s weekly pay calculated in accordance with clause 55.25
of the Agreement; and
(iii) The applicable contribution rate under the Superannuation Guarantee
Administration Act 1992 (Cth) at the time the payment is made.
37.4
37.5
Victorian Building Authority Enterprise Agreement 2020
60
OFFICIAL
Part 6 Hours of Work and Related Matters
Hours of Work
The ordinary hours of work for each Employee, except for casual or part-time
Employees, will average 76 (exclusive of meal breaks), to be worked over an average
of no more than ten days per fortnight.
Spread of Hours
(a) Flexible Arrangement of Hours of Work
The ordinary hours of work will, by agreement, be worked flexibly to best meet
both the Employer’s work requirements and the Employee’s personal and/or
family circumstances.
(b) Arrangement of Hours
(i) The actual days and hours of work will be those agreed between the
Employer and the Employee. Either party may seek to alter the days or
hours of duty. Agreement to such alteration will not be unreasonably
withheld, taking into account the personal/ family circumstances of the
Employee, and the work requirements of the Employer. Disputes over the
operation of this clause will be dealt with under clause 13 (Resolution of
Disputes).
(ii) The Employer must not require an Employee to:
• perform ordinary hours of work outside the times of 7.00am to 7.00pm
on any weekday (the “span of hours”); or
• perform ordinary hours of work on Saturdays, Sundays or Public
Holidays.
(iii) In determining the days and hours of duty, both the Employer and the
Employee accept that the Employee is eligible to use the flexibility of these
arrangements to take time off by agreement, subject to meeting the
specified leave requirement(s) and not unduly affecting the work
requirements of the Employer. Agreement by the Employer will not be
unreasonably withheld.
Overtime
Overtime means the hours worked at the direction of the Employer in addition to an
Employee’s ordinary daily hours of work on any day established in accordance with
clause 38.
Reasonable Hours of Work
(a) Subject to clause 39.2(b) the Employer may require an Employee to work
reasonable overtime at overtime rates.
38.
38.1
38.2
39.
39.1
39.2
Victorian Building Authority Enterprise Agreement 2020
61
OFFICIAL
(b) An Employee may refuse to work overtime in circumstances where the
working of such overtime would result in the Employee working hours which
are unreasonable having regard to:
(i) any risk to the Employee’s health and safety; or
(ii) the Employee’s personal circumstances including family responsibilities;
or
(iii) the needs of the workplace; or
(iv) the notice (if any) given by the Employer of the overtime and by the
Employee of their intention to refuse it; and
(v) any other relevant matter.
Requirement to pay overtime
(a) An Employee who works overtime must be paid at the appropriate overtime
rate specified in clause 39.5. Exceptions are provided at clause 39.4.
(b) An Employee may request that time be granted in lieu of payment. If the
Employer agrees, time in lieu of payment will accrue at the rate specified in
clause 39.6.
Exceptions
Clause 39.3 does not apply to Employees:
(a) classified as Grade 5 or higher, unless agreed to otherwise by the employer
based on exceptional business grounds; or
(b) who are part-time Employees working less than 38 hours a week and are
subject to overtime conditions contained in clause 39.9.
Overtime – Rates of payment
(a) Where an Employee is paid for overtime work pursuant to clause 39.3 the
following overtime rates will be paid:
Table 9: Overtime – Rates of payment
For overtime work on Overtime rate
(% of ordinary hourly rate)
Monday to Saturday – first three hours 150%
Monday to Saturday – after 3 hours 200%
Sunday - in all cases except public holidays 200%
Public holiday or substituted day 250%
(b) The ordinary hourly rate of payment for overtime will be calculated on the
lower of either the Employee’s salary or the lowest pay point within Grade 4.
39.3
39.4
39.5
Victorian Building Authority Enterprise Agreement 2020
62
OFFICIAL
Overtime – Rate of accrual for time in lieu of payment
Where an Employee is granted time in lieu of payment for overtime work, the time
will accrue on the following basis:
(a) in the case of overtime worked Monday to Friday – on an hour for hour basis;
and
(b) in the case of overtime worked on weekends or Public Holidays – two hours
of time in lieu per hour worked.
How does time in lieu apply
(a) Time in lieu is to be taken at a time mutually agreed. The Employer will
endeavour to permit the Employee to take time in lieu at a time of the
Employee's choosing.
(b) Time in lieu may accumulate to a maximum of 38 hours. Any Employee who
has accumulated 38 hours of time in lieu must be paid overtime for any
additional overtime hours worked.
(c) By agreement, the Employee may convert 38 hours of accrued time in lieu to
one additional week of converted leave, to be taken at a time mutually agreed.
In this case, time in lieu may continue to accrue. Any converted leave under
this clause must be used within 12 months of the conversion date or will be
paid out. By agreement, all or any part of the accumulated converted leave
may be paid out at any time within 12 months of the conversion date.
(d) Upon termination for any reason, the Employee will be paid out any time in
lieu accrued to their credit as if it were time worked.
Overtime – minimum period
(a) Employees must be paid (unless time in lieu is agreed) for a minimum of three
hours when they are either recalled to duty or on stand-alone overtime.
Overtime – staff working less than 38 hours a week
(a) A part-time Employee must be compensated for overtime in accordance with
clause 39.3 for work performed:
(i) outside the span of hours in clause 38; or
(ii) outside the Employees agreed hours.
(b) Additional hours performed by a part-time Employee which are performed
both before 38 hours has been worked in any week, and within the span of
hours in clause 38, will be compensated at the Employee’s ordinary rate.
Additional hours compensated at the part-time Employee’s ordinary rate will
count as service for leave accrual.
Overtime Meal Payment
(a) An Employee will be eligible to receive an overtime meal payment if the
Employee is required to work a period of overtime which:
39.6
39.7
39.8
39.9
39.10
Victorian Building Authority Enterprise Agreement 2020
63
OFFICIAL
(i) is immediately before or after a scheduled period of ordinary duty and is
more than two hours in duration; or
(ii) is a stand-alone period of overtime that is four hours or more in duration.
(b) The overtime meal payment payable to an Employee is set out below:
Table 10: Overtime Meal Payment
Date of Effect Overtime Meal Payment
20 March 2020 $21.70
1 December 2020 $22.00
1 September 2021 $22.30
1 June 2022 $22.60
1 March 2023 $22.95
1 December 2023 $23.15
(c) The overtime meal payment is not payable where the Employer provides a
meal.
Rest Breaks
Rest periods between periods of duty
(a) Other than in exceptional circumstances, an Employee must not be required
to perform:
(i) a further period of overtime duty; or
(ii) a period of ordinary duty; if:
• either the Employee has not been provided with a ten hour rest
period between the time of completion of one period of duty and
the commencement of the next; or
• the Employee has not been provided with a ten hour rest period
within the preceding 24 hours from the time of the commencement
of the stand-by duty.
(b) The Employer must not make a deduction from normal salary if an Employee
is released from normal duty to enable the Employee to observe a rest break
in clause 40.1(a).
(c) An Employee required to work, as a result of an exceptional circumstance,
during or after a rest period is due, will receive overtime compensation in
accordance with clause 41 for all time worked until a rest period of at least
ten hours continuous duration is taken.
40.
40.1
Victorian Building Authority Enterprise Agreement 2020
64
OFFICIAL
(d) Where at the commencement of the Agreement, Employees currently do not
receive a rest break of at least ten hours, Employers will have six months from
the date of commencement of the Agreement to make the necessary changes
to existing roster practices.
Meal breaks
(a) The Employer will grant meal breaks at times suitable to operational
requirements, taking into account the wishes of the Employee. The number
and starting and finishing times of meal breaks will be specified.
(b) Except where otherwise permitted by this clause, the Employee will not be
required to work for more than five hours without an unpaid meal break
unless the Employee and the Employer otherwise agree. The length of the
meal interval must be at least thirty minutes.
(c) If for operational or emergency reasons the Employee is required to remain
on duty, they may arrange to take meals during their hours of duty without a
specific meal break.
(d) Where agreement cannot be reached as specified in clause 41(b) and the
Employee is required by their supervisor to work through their meal break in
accordance with clause 41(c), time in lieu or payment for overtime will be
approved in accordance with this Agreement.
(e) If for operational reasons it is impractical for all Employees within a work
group to observe the same time for the taking of a meal break, meal breaks
may be staggered.
Christmas Closedown
The purpose of this clause is to enable the Employer to closedown part or all of its
operations for the three working days from the first working day after Christmas Day
to the end of the last working day before New Year’s Day (1 January) (closedown
period).
Where the Employer intends to closedown part or all of its operations for the
closedown period, the Employer:
(a) will notify relevant Employees in writing of this intention no later than 1
October of the year in which the closedown is to take place; and
(b) will request relevant Employees to utilise any accrued time in lieu, annual
leave, substitute leave or additional hours accrued under a flexible working
arrangement; and
(c) may require a minimum level of staffing to meet the operational requirements
of the workplace.
If there are insufficient expressions of interest from relevant Employees to give effect
to the closedown period, the following process will be applied, in order:
41.
42.
42.1
42.2
42.3
Victorian Building Authority Enterprise Agreement 2020
65
OFFICIAL
(a) the Employer may direct an Employee who has excessive annual leave (as
defined in clause 45.5(b)(i)) to take annual leave during the closedown
period;
(b) the Employer may then direct an Employee with accrued time in lieu or
substitute leave to take that leave during the closedown period.
The Employer will provide at least 4 weeks’ notice of any direction to take leave, under
clause 42.3.
Where an Employee has insufficient leave or time in lieu, the Employer may agree to
temporarily alter the ordinary working arrangements of the Employee to allow the
Employee to bank sufficient time to cover their absence. This clause also applies to
Employees classified at VBA Grade 5 or higher.
Childcare
Where Employees are required by the Employer to work outside their ordinary hours
of work and where less than 24 hours’ notice of the requirement to perform such
overtime work has been given by the Employer, the Employee will be reimbursed for
reasonable childcare expenses incurred. Evidence of expenditure incurred by the
Employee must be provided to the Employer as soon as possible after the working of
such overtime.
Part 7 Leave of Absence and Public Holidays
Leave of Absence – General
Standard day for approved leave purposes
For each day that an Employee is absent on approved leave, the hours of work for the
purposes of such entitlements shall be taken as 7.6 hours. Where an alternative
arrangement of days and hours is worked leave shall be debited on the basis of the
actual hours to be worked on the day of the leave.
Leave entitlements for Employees in receipt of workers compensation payments
(a) An Employee, absent from work and in receipt of workers’ compensation
payments is entitled to:
(i) take and accrue annual and personal leave, and.
(ii) accrue long service leave for the first twelve months the Employee is
absent from work in accordance with clause 62.5(c).
Annual Leave
Entitlement to annual leave
An Employee, other than a casual Employee, is entitled to four weeks’ paid annual
leave for each year of employment. The entitlement accrues on a daily basis.
42.4
42.5
43.
44.
44.1
44.2
45.
45.1
Victorian Building Authority Enterprise Agreement 2020
66
OFFICIAL
Taking of accrued annual leave
(a) An Employee may only take the leave they have accrued, unless otherwise
provided in this clause or agreed.
(b) Annual leave entitlements must be taken by the end of the calendar year
following the calendar year in which they are accrued and at a time convenient
to the needs of the Employer and Employee. By agreement between the
Employer and the Employee, leave may be deferred beyond that date. Unless
otherwise agreed, the Employee may be directed to take leave, in accordance
with clause 45.5.
(c) An Employee may request that the whole or any the part of their annual leave
be taken at half pay for a period equal to twice the period to which Employee
would otherwise be entitled.
(d) The Employer will consider operational requirements and the needs of the
Employee when assessing applications for annual leave at half pay. Approval
will not be unreasonably withheld.
Payment whilst on annual leave
(a) Subject to clause 45.3(b), each Employee who takes annual leave is entitled
to be paid in addition to their salary the greater of the following two amounts
for the period of the leave:
(i) an annual leave allowance at the rate of 17.5 per cent of the Employee’s
salary for the period of annual leave; or
(ii) an annual leave allowance equal to any additional payments to which the
Employee would be entitled for Saturday or Sunday duty which the
Employee would be required to perform if they were not proceeding on
annual leave.
(b) The maximum allowance payable under clause 45.3(a) will not exceed an
amount calculated in respect of a salary at the top of Grade 4.
Payment of accrued annual leave entitlement upon termination
An Employee, who, upon retirement, resignation or termination of employment, has
an outstanding annual leave entitlement, will be paid an amount equal to the unused
annual leave entitlement and any unpaid annual leave allowance. Any annual leave
allowance payable pursuant to this clause 45.4 shall be calculated in accordance with
clause 45.3.
Excessive Annual Leave Accruals
This clause contains provisions additional to the NES about taking paid annual leave,
to deal with excessive paid annual leave accruals.
(a) Dealing with annual leave accruals by agreement
Where an Employee’s accrued annual leave entitlement has not been taken by
the end of the calendar year following the calendar year in which it accrued, the
Employer and Employee must genuinely try to agree upon steps that will be
taken to reduce or eliminate that leave accrual. This agreement must be
45.2
45.3
45.4
45.5
Victorian Building Authority Enterprise Agreement 2020
67
OFFICIAL
attempted before the Employer can direct that leave be taken under clause
45.5(b)(ii) or the Employee can give notice of leave to be granted under clause
45.5(c)(ii).
(b) Employer may direct that excessive annual leave be taken
(i) An Employee has an excessive annual leave accrual if the Employee has
accrued more than eight weeks’ paid annual leave.
(ii) Where the Employee has an excessive annual leave accrual (and
agreement has not been reached under clause 45.5(a), the Employer may
give a written direction to the Employee to take a period or periods of paid
annual leave. Such a direction must not:
• result in the Employee’s remaining accrued entitlement to paid annual
leave at any time being less than six weeks (taking into account all
other paid annual leave that has been agreed, that the Employee has
been directed to take or that the Employee has given notice of under
clause 45.5(c)(ii);
• require the Employee to take any period of leave of less than one week;
or
• require the Employee to take any period of leave commencing less than
eight weeks after the day the direction is given to the employee; or
• require the Employee to take any period of leave commencing more
than 12 months after the day the direction is given to the Employee; or
• be inconsistent with any leave arrangement agreed between the
Employer and Employee.
(iii) An Employee to whom a direction has been given under this clause may
make a request to take paid annual leave as if the direction had not been
given.
(iv) The Employer must not unreasonably refuse to agree to a request by the
Employee to take paid annual leave.
(v) If leave is agreed after a direction is issued and the direction would then
result in the Employee’s remaining accrued entitlement to paid annual
leave at any time being less than six weeks, the direction will be deemed
to have been withdrawn.
(vi) The Employee must take paid annual leave in accordance with a direction
complying with this clause.
(c) Employee may require that leave be granted
(i) This clause 45.5(c) applies if an Employee has had an excessive annual
leave accrual for more than six months and the Employer has not given a
direction under clause 45.5(b)(ii) that will eliminate the Employee’s
excessive leave accrual.
Victorian Building Authority Enterprise Agreement 2020
68
OFFICIAL
(ii) If agreement is not reached under clause 45.5(a), the Employee may give
a written notice to the Employer that they wish to take a period or periods
of paid annual leave. Such a notice must not:
• result in the Employee’s remaining accrued entitlement to paid annual
leave at any time being less than six weeks (taking into account all
other paid annual leave that has been agreed, that the Employee has
been directed to take or that the Employee has given notice of under
this clause); or
• provide for the Employee to take any period of leave of less than one
week; or
• provide for the Employee to take any period of leave commencing less
than eight weeks after the day the notice is given to the Employer; or
• provide for the Employee to take any period of leave commencing
more than 12 months after the day the notice is given to the Employer;
or
• be inconsistent with any leave arrangement agreed between the
Employer and Employee.
(iii) The maximum amount of leave that an Employee can give notice of under
this clause is four weeks’ leave in any 12 month period.
(iv) The Employer must grant the Employee paid annual leave in accordance
with a notice complying with this clause.
(d) Disputes in relation to the operation of clause 45.5
A dispute in relation to the operation of this clause may be dealt with in
accordance with clause 13 (Resolution of Disputes).
Cashing Out of Annual Leave
Annual leave must not be cashed out except in accordance with this clause.
The Employer and an Employee may agree to the Employee cashing out a particular
amount of the Employee’s accrued annual leave provided that the following
requirements are met:
(a) the cashing out of a particular amount of accrued annual leave must be by
agreement between the Employer and the Employee which must:
(i) be in writing and retained as an Employee record; and
(ii) state the amount of accrued leave to be cashed out and the payment to be
made to the Employee; and
(iii) state the date on which the payment is to be made; and
(iv) be signed by the Employer and Employee and, if the Employee is under
18 years of age, the Employee’s parent or guardian;
46.
46.1
46.2
Victorian Building Authority Enterprise Agreement 2020
69
OFFICIAL
(b) the Employee must be paid at least the full amount that would have been
payable to the Employee had the Employee taken the leave at the time that it
is cashed out; and
(c) annual leave must not be cashed out if the cashing out would result in the
Employee’s remaining accrued entitlement to annual leave being less than
four weeks; and
(d) an Employee may only cash out annual leave on one occasion during the term
of this Agreement.
Purchased Leave
An Employee may, with the agreement of the Employer, work less than 52 weeks per
year. Access to this entitlement may only be granted on application from an Employee
and cannot be required as a precondition for employment.
An Employee can only make an application under this clause where the Employee
does not have an excessive annual leave accrual (as defined in clause 45.5(b)(i)).
Where an Employee, with an excessive annual leave accrual, wishes to make an
application under this clause, the extent of the Employee’s excessive annual leave
accrual and any plans the Employee has to take some or all of their accrued annual
leave entitlements in conjunction with any approved purchased leave arrangement,
will be considered by the Employer in assessing the Employee’s application for
purchased leave.
Where the Employer and an Employee agree on an employment arrangement under
clause 47.1, the annual salary applicable to an employee relative to the additional leave
purchased will be as follows:
Proportion of annual
salary applicable
under Schedule B
Number of additional
weeks of purchased leave
Total amount of leave
(purchased and annual
leave)
44/52 weeks Additional 8 weeks’ leave 12 weeks in total
45/52 weeks Additional 7 weeks’ leave 11 weeks in total
46/52 weeks Additional 6 weeks’ leave 10 weeks in total
47/52 weeks Additional 5 weeks’ leave 9 weeks in total
48/52 weeks Additional 4 weeks’ leave 8 weeks in total
49/52 weeks Additional 3 weeks’ leave 7 weeks in total
50/52 weeks Additional 2 weeks’ leave 6 weeks in total
51/52 weeks Additional 1 weeks’ leave 5 weeks in total
47.
47.1
47.2
47.3
47.4
Victorian Building Authority Enterprise Agreement 2020
70
OFFICIAL
(a) The above does not preclude an Employee and the Employer from agreeing
to a similar type of arrangement that would provide an Employee with
additional converted leave of more than eight weeks.
(b) The Employee will receive a salary equal to the period worked (e.g. 46 weeks,
49 weeks) which will be spread over a 52 week period.
(c) The accrual of personal/carer’s leave and long service leave by the Employee
shall remain unchanged.
The Employer will endeavour to accommodate Employee requests for arrangements
under this clause subject to operational requirements. Where such requests are granted,
the Employer will make proper arrangements to ensure that the workloads of other
Employees are not unduly affected and that excessive overtime is not required to be
performed by other Employees as a result of these arrangements.
An Employee may revert to ordinary 52 week employment by giving the Employer no
less than four weeks’ written notice. Where an Employee so reverts to 52 week
employment, appropriate pro rata salary adjustments will be made.
Infectious Diseases
Upon report by a Registered Medical Practitioner that by reason of contact with a
person suffering from an infectious disease and through the operation of restrictions
imposed by law in respect of such disease, an Employee is unable to attend work, the
Employer may grant the Employee special leave of absence with pay. The period of
leave must not be for any period beyond the earliest date at which it would be
practicable for the Employee to return to work having regard to the restrictions
imposed by law.
Dangerous Medical Conditions
Where the Employer reasonably believes that the Employee is in such state of health
as to render the Employee a danger to other Employees, themselves or other persons,
the Employer may require the Employee to absent themselves from the workplace until
the Employee obtains and provides to the Employer a report from a Registered Medical
Practitioner. Upon receipt of the medical report, the Employer may direct the
Employee to be absent from duty for a specified period or, if already on leave, direct
such Employee to continue on leave for a specified period. Any absence under this
clause must be taken as personal/carer’s leave or leave without pay.
Public Holidays
All Employees (except casual Employees) will be entitled to be absent from work on
the following Public Holidays without deduction of pay where the Public Holiday
occurs on a day the Employee would normally work:
(a) New Year’s Day, Good Friday, Easter Saturday, Easter Sunday, Easter
Monday, Christmas Day (25 December), Boxing Day, Australia Day, Anzac
Day, Queen’s Birthday, Labour Day, the Friday before the Australian
Football League Grand Final, and Melbourne Cup Day.
47.5
47.6
48.
49.
50.
50.1
Victorian Building Authority Enterprise Agreement 2020
71
OFFICIAL
Prescribed substitute and additional public holidays
(a) Christmas Day (25 December)
(i) When Christmas Day (25 December) is a Saturday an additional holiday
will be observed on the next Monday.
(ii) When Christmas Day (25 December) is a Sunday, an additional holiday
will be observed on the next Tuesday.
(b) Boxing Day
(i) When Boxing Day is a Saturday an additional holiday will be observed the
next Monday.
(ii) When Boxing Day is a Sunday, an additional holiday will be observed on
the next Tuesday.
(c) New Year’s Day
When New Year’s Day is a Saturday or a Sunday, an additional holiday will be
observed on the next Monday.
(d) Australia Day
When Australia Day is a Saturday or a Sunday, a holiday in lieu will be observed
on the next Monday.
Melbourne Cup Day Substitution
Where, outside the Melbourne Metropolitan area, a Public Holiday is proclaimed in
that municipality for the observance of local events, that day will be observed as a
Public Holiday in lieu of Melbourne Cup Day.
Additional or Substituted Public Holidays
Where in the whole or part of the State of Victoria, additional or substituted Public
Holidays are declared or prescribed on days other than those set out in clauses 50.1
and 50.3, those days shall constitute additional or substituted holidays for the purpose
of this Agreement for Employees who have their place of principal employment in a
municipality to which the additional or substituted Public Holiday applies.
Substitution of Public Holiday
(a) An Employee may by agreement with the Employer substitute another day
for any prescribed in this clause to observe religious or cultural occasions or
like reasons of significance to the Employee.
Personal/ Carer’s Leave
Definitions
In this clause:
Assistance Animal means an animal formally trained to assist a person with a disability to
alleviate the effect of their disability. This includes
50.2
50.3
50.4
50.5
51.
51.1
Victorian Building Authority Enterprise Agreement 2020
72
OFFICIAL
(a) a guide dog for people with vision impairment, or
(b) hearing dogs for people with hearing impairment, or
(c) assistance dogs for people with a physical disability, or
(d) medical alert animals that help people before and during a medical
emergency, or
(e) psychiatric service animals that help people with a mental illness, or
(f) any other animal agreed by the Employer or to which an Assistance Animal
Pass granted by the Department of Transport applies.
Assistance Animal does not include a pet, companion or therapy animals.
Registered Practitioner means one of the following: Aboriginal and Torres Strait Islander
health practitioner, Chinese medicine practitioner, Chiropractor, Dental care practitioner,
Medical practitioner, Medical Radiation Practitioner, Nurse practitioner, Midwife,
Occupational Therapist, Optometrist, Osteopath, Pharmacist, Physiotherapist, Podiatrist,
Psychologist or any other profession registered under the Health Practitioner Regulation
National Law (Victoria) Act 2009.
Paid personal/ carer’s leave
(a) An Employee, other than a casual Employee, is entitled to paid personal /
carer’s leave when they are absent because of:
(i) Personal illness or injury; or
(ii) Personal illness or injury of an Employee’s Immediate Family, household
member or Assistance Animal who required the Employee’s care or
support; or
(iii) An unexpected emergency affecting an Employee’s Immediate Family,
household member or Assistance Animal, or
(iv) Attendance at a medical appointment with a Registered Practitioner,
subject to clause 51.6.
Amount of paid personal/carer’s leave
(a) A full time Employee is entitled to paid personal/carer’s leave of 114 hours
(120 hours for Employees whose ordinary hours of duty average 80 hours per
fortnight).
(b) A part-time Employee is entitled to a pro-rata amount of paid
personal/carer’s leave based on the part-time Employee’s hours of work.
(c) The Employer will not apply the provisions of this clause in a manner which
is inconsistent with the NES.
(d) Leave will be credited on commencement of employment and subsequently
on the anniversary date of the Employee’s employment.
(e) Employees appointed for a fixed-term period will accrue on a pro-rata basis
paid personal/carer’s leave according to length of their service.
51.2
51.3
Victorian Building Authority Enterprise Agreement 2020
73
OFFICIAL
(f) Leave without pay will not count as service for personal/carer’s leave accrual
purposes.
(g) Unused paid personal/carer’s leave accumulates from year to year.
(h) Accrued personal / carer’s leave will not be paid out on termination of
employment.
Payment for Personal/Carer’s Leave
The Employer will pay an Employee for Personal/Carers Leave they take at the
ordinary hourly rate of pay they would have received had they been at work.
Note: This means that a full time or part-time employee who takes one full day of personal
carers leave will be paid 7.6 hours. An employee who takes leave on a day where they work
more than 7.6 hours will be paid the hours they would have been paid had they been at work.
A part-time employee working less than the equivalent of a full-time day will be paid for the
hours they would have been paid had they been at work.
How leave is deducted from leave balance
(a) It is the intent of the Parties that full-time equivalent Employees receive 15
days paid personal carers leave per annum irrespective of the length of their
ordinary hours of work or shift. Clause 51.5(b)(i) is intended to give effect
to that intent.
(b) From the commencement of the Agreement:
(i) For full-time Employees and part-time Employees who work the
equivalent of a full-time day.
The Employer will deduct leave from the Employee’s leave balance at a
nominal value of 7.6 hours for each day of Personal/Carer leave taken
irrespective of the actual ordinary hours worked on the day;
Where the Employee is absent on paid personal/carer’s leave for part of a
day, the following formula determines the number of hours the Employer
will deduct from the Employee’s leave balance for that absence:
Number of hours of personal / carers leave taken X 7.6 hours
Employee’s ordinary hours of work on the day
(ii) For part-time employees who work less than the equivalent of a full-
time day
Part-time employees who work part-days which are less than the relevant
full-time equivalent shift will have their leave deducted by the hours they
would have worked on that day had they been at work.
Personal Leave for medical appointments
(a) An Employee may access their accrued Personal/Carer’s Leave to attend a
medical appointment with a Registered Practitioner when the appointment
cannot be reasonably scheduled outside the Employee’s working hours.
51.4
51.5
51.6
Victorian Building Authority Enterprise Agreement 2020
74
OFFICIAL
(b) The Employee must provide notice in accordance with clause 51.8 and
evidence in accordance with clause 51.9(a). Approval will not be
unreasonably refused having regard to the Employer’s operational
requirements, the needs of the Employee and the amount of notice provided
by the Employee.
(c) Attendance at routine medical appointments may, by agreement with the
Employer, also be facilitated through flexible working arrangement (such as
agreement to make up the time taken to attend medical appointments) as an
alternative to using accrued Personal/Carers Leave.
Personal/Carer’s leave at half pay
(a) In exceptional circumstances, an Employee may be granted approval to
convert any or all of their accrued paid personal/carer’s leave entitlement to
half pay for a period equal to twice the period to which the Employee would
otherwise be entitled.
(b) Approval of half-pay personal/carer’s leave will only be granted in relation
to an absence of 4 weeks or more.
(c) To be eligible for personal/carer’s leave at half pay under this clause, the
Employee must comply with all notice and documentary evidence
requirements stipulated in this clause.
Notice
An Employee must give the Employer notice of the taking of personal/ carer’s leave
under this clause. The notice:
(a) must advise the Employer of the period, or expected period, of the leave; and
(b) must be given to the Employer as soon as practicable, which may be a time
after the personal/carer’s leave has started.
Evidentiary Requirements
(a) Personal leave
The Employee must provide the Employer with a medical certificate or
evidence of attendance at a medical appointment from a Registered
Practitioner to be paid personal leave.
(b) Carer’s leave
(i) The Employee must provide the Employer with appropriate documentary
evidence to be paid carers leave.
(ii) The form of evidence required by the Employer will depend on the
circumstances of the carer’s leave request. This may include:
• A medical certificate from a Registered Practitioner, or
• Evidence from a registered veterinary practitioner (in the case of
an Assistance Animal), or
51.7
51.8
51.9
Victorian Building Authority Enterprise Agreement 2020
75
OFFICIAL
• A statutory declaration stating that the condition of the person or
Assistance Animal concerned required the Employee’s care or
support, or
• Other relevant documentary evidence.
(iii) Additional evidentiary requirements for an Assistance Animal
• The Employer may require the Employee to provide appropriate
documentary evidence that states the Assistance Animal is within
the definition of an Assistance Animal at clause 51.1.
• The form of evidence may include an accreditation certificate,
proof of training or a statutory declaration stating the animal is an
Assistance Animal.
Exceptions
(a) In each year of employment, the following exceptions apply to the evidence
requirements in clause 51.9:
(i) An Employee may take up to an aggregate of 5 days or equivalent pro-rata
amount accrued personal/carer’s leave in each year of employment,
without having to provide the Employer with the documentary evidence
required by clause 51.9.
(ii) Despite clause 51.10(a)(i) an Employee must provide appropriate
evidence to the Employer as set out in clause 51.9 for any absence which
is for a continuous period exceeding 3 days.
(b) If an Employee cannot reasonably provide documentary evidence from a
Registered Practitioner for Personal Leave, the Employee may provide a
statutory declaration. The statutory declaration must state why the Employee
was unable to attend a Registered Practitioner and the reason why they were
unable to attend work. A statutory declaration can only be used for single day
absences, on no more than three non-consecutive occasions.
(c) Despite clause 51.10(a), the Employer may require that an Employee provide
appropriate documentary evidence in accordance with clause 51.9.
Further documentary evidence
(a) The Employer may require that an Employee provide a further medical
certificate from an independent Registered Practitioner where an Employee
has been on personal leave for at least six weeks and has a medical certificate
indicating on-going need for personal leave. The Employee will select a
Registered Practitioner from a list of at least three Registered Practitioners
nominated by the Employer. The nominated Registered Practitioners will not
include a Registered Practitioner employed by the Employer. If it is not
possible for the Employer to nominate three appropriately specialised
Registered Practitioners, the Employer may provide fewer than three
Registered Practitioners for the Employee to select from.
(b) The Employer may require that an Employee provide further documentary
evidence to the satisfaction of the Employer where an Employee has been on
51.10
51.t I
Victorian Building Authority Enterprise Agreement 2020
76
OFFICIAL
carer’s leave for at least two weeks including evidence stating that the
condition of the person concerned requires the continued care or support of
the Employee.
Evidence to facilitate return to work
If the Employee has been on personal leave for at least six weeks the Employer may
request that the Employee obtain other documentary evidence from the Employee’s
treating Registered Practitioner for the purposes of determining when the Employee
can return to work and any reasonable adjustments that may be necessary in the
workplace.
Employee’s incapacity to undertake duties
If the Employer has a genuine concern about an Employee’s capacity to undertake
their duties, the Employer may require that the Employee provide a medical report
from an independent Registered Practitioner. The Employee will select a Registered
Practitioner from a list of at least three Registered Practitioners nominated by the
Employer. The nominated Registered Practitioners will not include a Registered
Practitioner employed by the Employer. If it is not possible for the Employer to
nominate three appropriately specialised Registered Practitioners, the Employer may
provide fewer than three Registered Practitioners for the Employee to select from.
Failure to provide relevant evidence
Failure by the Employee to provide documentary evidence as required by the
Employer within a reasonable period of time may render the Employee ineligible for
payment for personal/carer’s leave.
Absence on Public Holidays
If the period during which an Employee takes paid personal/carer’s leave includes a
day or part-day that is a Public Holiday in the place where the Employee is based for
work purposes, the Employee is taken not to be on paid personal/carer’s leave on that
Public Holiday.
Unpaid personal leave
An Employee who has exhausted all paid personal/carer’s leave entitlements may take
unpaid personal leave with the consent of the Employer. The Employer will require
that the Employee provide documentary evidence to support the unpaid personal leave
to the satisfaction of the Employer.
Unpaid carer’s leave
(a) An Employee who has exhausted all paid personal/carer’s leave entitlements
may take unpaid carer’s leave to provide care or support in the circumstances
outlined in clauses 51.2(a)(ii) and 51.2(a)(iii) providing the Employee
complies with the notice and evidence requirements outlined in clause
51.9(b). The Employer and the Employee will agree on the period of unpaid
leave. In the absence of agreement, the Employee may take up to two days
unpaid carer’s leave per occasion.
51.12
51.13
51.14
51.15
51.16
51.17
Victorian Building Authority Enterprise Agreement 2020
77
OFFICIAL
(b) Alternatively, the Employee may, with the consent of the Employer, elect to
work make-up time, under which the Employee takes time off during ordinary
hours and works those hours at a later time during the Employee’s spread of
ordinary hours.
Casual Employees – Caring responsibilities
(a) Casual Employees may be unavailable to attend work or may be required to
leave work if they need to care for members of their Immediate Family or
household who are sick and require care and support, or who require care due
to an unexpected emergency, or the birth of a child.
(b) The Employer and a casual Employee will agree on the period for which the
casual Employee may be unavailable to attend work. In the absence of
agreement, a casual Employee is permitted to be absent from work for up to
two days per occasion. A casual Employee is not entitled to any payment for
the period of non-attendance.
(c) A casual Employee must comply with the notice and evidence requirements
outlined in this clause 51.
Family Violence Leave
General Principles
(a) The Employer recognises that Employees sometimes face situations of
violence or abuse in their personal life that may affect their attendance or
performance at work. Therefore, the Employer is committed to providing
support to employees that experience family violence.
(b) Leave for family violence purposes is available to Employees who are
experiencing family violence to allow them to be absent from the workplace
to attend counselling appointments, legal proceedings and other activities
related to, and as a consequence of, family violence.
(c) The supports and paid or unpaid leave provided under this clause do not
extend to perpetrators (or alleged perpetrators) of family violence.
Definition of Family Violence
Family violence includes physical, sexual, financial, verbal or emotional abuse by a
family member as defined by the Family Violence Protection Act 2008 (Vic).
Eligibility
(a) Leave for family violence purposes is available to all Employees with the
exception of casual Employees.
(b) Casual Employees are entitled to access leave without pay for family violence
purposes. The Employer may use their discretion to grant paid leave to a
casual Employee experiencing family violence under clause 70 (Other Leave)
of the Agreement on a case by case basis.
51.18
52.
52.1
52.2
52.3
Victorian Building Authority Enterprise Agreement 2020
78
OFFICIAL
General Measures
(a) Evidence of family violence may be required and can be in the form of an
agreed document issued by the Police Service, a Court, a registered health
practitioner, a Family Violence Support Service, district nurse, maternal and
health care nurse or Lawyer. A signed statutory declaration can also be
offered as evidence.
(b) All personal information concerning family violence will be kept confidential
in line with the Employer’s policies and relevant legislation. No information
will be kept on an Employee’s personnel file without their express written
permission.
(c) No adverse action will be taken against an Employee if their attendance or
performance at work suffers as a result of experiencing family violence.
(d) The Employer will identify contact/s within the workplace who will be
trained in family violence and associated privacy issues. The Employer will
advertise the name of any Family Violence contacts within the workplace.
(e) An Employee experiencing family violence may raise the issue with their
immediate supervisor, Family Violence contacts, union delegate or
nominated Human Resources contact. The immediate supervisor may seek
advice from Human Resources if the Employee chooses not to see the Human
Resources or Family Violence contact.
(f) Where requested by an Employee, the Human Resources contact will liaise
with the Employee’s manager on the Employee’s behalf, and will make a
recommendation on the most appropriate form of support to provide in
accordance with clause 52.5 and clause 52.6.
(g) The Employer will develop guidelines to supplement this clause and which
details the appropriate action to be taken in the event that an Employee reports
family violence.
Leave
(a) An Employee experiencing family violence will have access up to 20 days
per calendar year of paid special leave for medical appointments, legal
proceedings and other activities related to family violence (this leave is not
cumulative but if the leave is exhausted consideration will be given to
providing additional leave). This leave will be in addition to existing leave
entitlements and may be taken as consecutive or single days or as a fraction
of a day and can be taken without prior approval.
(b) An Employee who supports a person experiencing family violence may utilise
their personal/carer’s leave entitlement to accompany them to court, to
hospital, or to care for children. The Employer may require evidence
consistent with clause 52.4(a) from an Employee seeking to utilise their
personal/carer’s leave entitlement.
Individual Support
(a) In order to provide support to an Employee experiencing family violence and
to provide a safe work environment to all Employees, the Employer will
52.4
52.5
52.6
Victorian Building Authority Enterprise Agreement 2020
79
OFFICIAL
approve any reasonable request from an Employee experiencing family
violence for:
(i) temporary or ongoing changes to their span of hours or pattern of hours;
or
(ii) temporary or ongoing job redesign or changes to duties; or
(iii) temporary or ongoing relocation to suitable employment; or
(iv) a change to their telephone number or email address to avoid harassing
contact; or
(v) any other appropriate measure including those available under existing
provisions for family friendly and flexible work arrangements.
(b) Any changes to an Employee’s role should be reviewed at agreed periods.
When an Employee is no longer experiencing family violence, the terms and
conditions of employment may revert back to the terms and conditions
applicable to the Employee’s substantive position.
(c) An Employee experiencing family violence will be offered access to the
Employee Assistance Program (EAP) and/or other available local Employee
support resources. The EAP shall include professionals trained specifically in
family violence.
(d) An Employee that discloses that they are experiencing family violence will
be given information regarding current support services.
Military Service Sick Leave
Where the Employer is satisfied that an illness of an Employee with at least six months
paid continuous service is directly attributable to, or is aggravated by, service
recognised under the Veterans’ Entitlements Act 1986 (Cth), including operational
service, peacekeeping service or hazardous service, the Employee will be credited with
114 hours of special leave with pay for each year of service with the VBA from the
conclusion of the Employee’s operational, peacekeeping or hazardous service.
Leave under this clause will be cumulative to a maximum of 760 hours.
This leave is in addition to personal leave under clause 51.
The Employer may require the Employee to provide evidence of the existence of the
illness and its relationship to service from a Registered Practitioner as specified in
clause 51.9(a).
For each period of special leave taken, the Employee must comply with the notice and
evidence requirements outlined in clause 51.
53.
53.1
53.2
53.3
53.4
53.5
Victorian Building Authority Enterprise Agreement 2020
80
OFFICIAL
Compassionate Leave
Amount of compassionate leave
(a) An Employee, other than a casual Employee, is entitled to up to three days
paid compassionate leave on each occasion when a member of the Employee's
Immediate Family or a member of the Employee’s household:
(i) contracts or develops a personal illness that poses a serious threat to their
life;
(ii) sustains a personal injury that poses a serious threat to their life; or
(iii) dies,
each of which constitutes a permissible occasion for the purposes of this
clause 54.
(b) An Employee may take compassionate leave for a particular permissible
occasion if the leave is taken:
(i) to spend time with the member of the Employee’s Immediate Family or
household who has contracted or developed a personal illness or sustained
a personal injury referred to in clause 54.1(a); or
(ii) after the death of a member of the Employee’s Immediate Family or
household referred to in clause 54.1(a).
(c) An Employee is not required to take compassionate leave in respect of a
permissible occasion consecutively.
(d) Compassionate leave will not accrue from year to year and will not be paid
out on termination of the employment of the Employee.
Payment for Compassionate Leave (other than for casual Employees)
An Employee, other than a casual Employee, who takes paid compassionate leave, is
entitled to be paid at their salary for ordinary hours of work in the period in which the
compassionate leave is taken.
Unpaid Compassionate Leave
(a) An Employee, including a casual Employee may take unpaid compassionate
leave by agreement with the Employer.
(b) In addition to the other provisions of this clause, Employees of Aboriginal or
Torres Strait Islander descent may be granted paid and unpaid leave in
relation to the death of a member of their Immediate Family or extended
family in accordance with clause 60.4 (Ceremonial Leave).
Notice and Evidence Requirements
(a) An Employee who is taking compassionate leave under this clause must give
notice to the Employer “as soon as practicable” (which may be at a time after
the compassionate leave has started) and must advise the Employer of the
period, or expected period, of the compassionate leave.
54.
54.1
54.2
54.3
54.4
Victorian Building Authority Enterprise Agreement 2020
81
OFFICIAL
(b) An Employee must provide the Employer with satisfactory evidence to
support the taking of compassionate leave. Satisfactory evidence may include
a medical certificate from a Registered Practitioner (as that term is defined in
clause 51.1), a statutory declaration or other relevant documentary evidence
to the reasonable satisfaction of the Employer.
(c) The Employee is not entitled to compassionate leave under this clause unless
the Employee complies with the evidence and notice requirements set out in
this clause.
Other significant family or personal connections
(a) An Employee may, at the discretion of the Employer, be granted
compassionate leave with or without pay when a person with a significant
family or personal connection to the Employee, but who is not a member of
the Employee’s Immediate Family (as defined in clause 2) or household, dies
or sustains a personal illness or injury that poses a serious threat to that
person’s life.
Parental Leave
Application
(a) Eligible Employees are entitled to parental leave under this clause if the leave
is associated with:
(i) the birth of a Child of the Employee, the Employee’s Spouse or the
Employee’s legal surrogate or the placement of a Child with the Employee
for adoption; and
(ii) the Employee has or will have a responsibility for the care of the Child.
(b) An Employee currently on parental leave (excluding an Employee on
Extended Family Leave under clause 55.33) is not required to return to work
in order to access a further period of parental leave under this clause.
Definitions
For the purposes of this clause:
(a) Eligible Employee means:
(i) a full time or part-time Employee, whether employed on an ongoing or
fixed term basis, or
(ii) a Long Term Casual Employee who has, but for accessing parental leave
under this clause, a reasonable expectation of continuing employment by
the Employer on a regular and systematic basis.
(b) Continuous Service is work for the Employer on a regular and systematic
basis (including any period of authorised leave) and any period of Recognised
Prior Service (as defined in clause 55.2(g)).
(c) Child means:
54.5
55.
55.1
55.2
Victorian Building Authority Enterprise Agreement 2020
82
OFFICIAL
(i) in relation to birth-related leave, a child (or children from a multiple birth)
of the Employee or the Employee’s Spouse or the Employee’s legal
surrogate; or
(ii) in relation to adoption-related leave, a child (or children) who will be
placed with an Employee, and:
• who is, or will be, under 16 as at the day of placement, or the expected
day of placement;
• has not, or will not have, lived continuously with the Employee for a
period of 6 months or more as at the day of placement, or the expected
day of placement; and
• is not (otherwise than because of the adoption) a child of the Employee
or the Employee’s spouse.
(d) Primary Caregiver means the person who takes primary responsibility for
the care of a newborn or newly adopted Child. The Primary Caregiver is the
person who meets the Child's physical needs more than anyone else. Only one
person can be a Child's Primary Caregiver on a particular day.
(e) Secondary Caregiver means a person who has parental responsibility for the
Child but is not the Primary Caregiver.
(f) Spouse includes a de facto spouse, former spouse or former de facto spouse.
The Employee’s de facto spouse means a person who lives with the Employee
as husband, wife or same sex partner on a bona fide domestic basis, whether
or not legally married to the Employee.
(g) Recognised Prior Service means any service immediately prior to the
Employee’s employment with the Employer, where the Employee was
employed:
(i) by a public entity under the PAA;
(ii) under Part 6 of the PAA; or
(iii) as a parliamentary officer or electorate officer under the Parliamentary
Administration Act 2005 (Vic);
Summary of Parental Leave Entitlements
(a) The entitlements summarised in the table below apply to a period of Parental
Leave after the commencement of the Agreement.
55.3
Victorian Building Authority Enterprise Agreement 2020
83
OFFICIAL
Table 11: Parental Leave Entitlements
Paid leave Unpaid leave Total
Primary Caregiver
More than 3 months continuous
service
16 weeks Up to 36 weeks 52 weeks
Less than 3 months continuous
service
0 Up to 52 weeks 52 weeks
Long term casual employee 0 Up to 52 weeks 52 weeks
Secondary Caregiver
More than 3 months continuous
service
4 weeks Up to 48 weeks 52 weeks
More than 3 months continuous
service and takes over the
primary responsibility for the
care of the Child within the first
78 weeks
An additional
12 weeks
Up to 36 weeks 52 weeks
Less than 3 months continuous
service
0 Up to 52 weeks 52 weeks
Long term casual employee 0 Up to 52 weeks 52 weeks
Pre-natal leave
Pregnant employee 38 hours
Spouse 7.6 hours
Pre-adoption leave
More than 3 months continuous
service
2 days
Permanent Care Leave
More than 3 months continuous
service
16 weeks Up to 36 weeks 52 weeks
Less than 3 months continuous
service
0 Up to 52 weeks 52 weeks
Grandparent Leave 0 Up to 52 weeks 52 weeks
Parental Leave – Primary Caregiver
(a) An Employee who has, or will have, completed at least three months paid
Continuous Service and who will be the Primary Caregiver at the time of the
55.4
Victorian Building Authority Enterprise Agreement 2020
84
OFFICIAL
birth or adoption of their Child, is entitled to up to 52 weeks parental leave,
comprising:
(i) 16 weeks paid parental leave; and
(ii) up to 36 weeks unpaid parental leave.
(b) An Eligible Employee who will be the Primary Caregiver, who has not
completed at least three months paid Continuous Service at the time of the
birth or adoption of their Child, or a Long Term Casual Employee, is entitled
to up to 52 weeks unpaid parental leave.
(c) Only one parent can receive Primary Caregiver parental leave entitlements in
respect to the birth or adoption of their Child. An Employee cannot receive
Primary Caregiver parental leave entitlements:
(i) if their Spouse is, or will be, the Primary Caregiver at the time of the birth
or adoption of their Child;
(ii) if their Spouse has received, or will receive, paid maternity leave, primary
caregiver entitlements, or a similar entitlement, from their employer; or
(iii) if the Employee has received, or will receive, Secondary Caregiver
parental leave entitlements in relation to their Child.
Parental Leave – Secondary Caregiver
(a) An Eligible Employee who has, or will have, completed at least three months
paid Continuous Service and who will be the Secondary Caregiver at the time
of the birth or adoption of their Child, is entitled to up to 52 weeks parental
leave, comprising:
(i) 4 weeks paid parental leave; and
(ii) 12 weeks Additional paid Secondary Caregiver parental Leave, subject to
the conditions in clause 55.6, and
(iii) unpaid parental leave to bring the total available paid and unpaid leave to
52 weeks.
(b) An Eligible Employee who will be the Secondary Caregiver and has not
completed at least three months paid Continuous Service at the time of the
birth or adoption of their child, or a Long Term Casual Employee, is entitled
to up to 52 weeks unpaid parental leave.
(c) Only one parent can receive Secondary Caregiver parental leave entitlements
in respect to the birth or adoption of their Child.
(d) An Employee cannot receive Secondary Caregiver parental leave
entitlements where the Employee has received Primary Caregiver parental
leave entitlements in relation to their Child.
Additional paid leave for Secondary Caregiver
(a) A Secondary Caregiver is entitled to up to an additional 12 weeks’ paid leave
within the first 78 weeks of the date of birth or adoption of the Child provided
that:
55.5
55.6
Victorian Building Authority Enterprise Agreement 2020
85
OFFICIAL
(i) the Secondary Caregiver assumes primary responsibility for the care of a
child, by meeting the Child's physical needs more than anyone else; and
(ii) the Secondary Caregiver’s spouse is not concurrently taking primary
responsibility for the care of the Child or receiving paid parental leave,
primary caregiver entitlements or a similar entitlement from their
employer.
(b) To access additional paid leave, the Employee must have been eligible for
paid Secondary Caregiver leave at the time of birth or adoption of their Child,
irrespective of when the Employee elects to take the paid leave under this
clause.
Pre-Natal Leave
(a) A pregnant Employee will have access to paid leave totalling up to 38 hours
per pregnancy to enable the Employee to attend routine medical appointments
associated with the pregnancy.
(b) An Employee who has a Spouse who is pregnant will have access to paid
leave totalling up to 7.6 hours per pregnancy to enable the Employee to attend
routine medical appointments associated with the pregnancy.
(c) The Employee is required to provide a medical certificate from a registered
medical practitioner confirming that the Employee or their Spouse is
pregnant. Each absence on pre-natal leave must also be covered by a medical
certificate.
(d) The Employer should be flexible enough to allow the Employee the ability to
leave work and return on the same day.
(e) Paid pre-natal leave is not available to casual Employees.
Pre-adoption leave
(a) An Employee seeking to adopt a Child is entitled to two days paid leave for
the purpose of attending any compulsory interviews or examinations as are
necessary as part of the adoption procedure.
(b) An Employee seeking to adopt a Child may also access further unpaid leave.
The Employee and the Employer should agree on the length of any unpaid
leave. Where agreement cannot be reached, the Employee is entitled to take
up to two days unpaid leave.
(c) Where accrued paid leave is available to the Employee, the Employer may
require the Employee to take such leave instead of taking unpaid leave under
this sub-clause.
(d) The Employer may require the Employee to provide satisfactory evidence
supporting the leave.
(e) The Employer should be flexible enough to allow the Employee the ability to
leave work and return on the same day.
55.7
55.8
Victorian Building Authority Enterprise Agreement 2020
86
OFFICIAL
(f) Paid pre-adoption leave is not available to casual Employees.
Permanent Care Leave
An Employee will be entitled to access parental leave in accordance with this clause
at a time agreed with the Employer if they:
• are granted a permanent care order in relation to the custody or guardianship of a
Child pursuant to the Children, Youth and Families Act 2005 (Vic) (or any
successor to the legislation) or a permanent parenting order by the Family Court of
Australia, and
• will be the Primary or Secondary Caregiver for that Child.
Grandparent Leave
An Employee, who is or will be the Primary Caregiver of a grandchild, is entitled to a
period of up to 52 weeks’ continuous unpaid grandparent leave in respect of the birth
or adoption of the grandchild of the Employee.
Access to parental leave for an Employee whose Child is born by surrogate
An Employee whose Child is born through a surrogacy arrangement which complies
with Part 4 of the Assisted Reproductive Treatment Act 2008 (Vic) (or successor
instrument), is eligible to access the parental leave entitlements outlined in clause 56.
Continuing to work while pregnant
(a) The Employer may require a pregnant Employee to provide a medical
certificate stating that the Employee is fit to work their normal duties where
the Employee:
(i) continues to work within a six week period immediately prior to the
expected date of birth of the child; or
(ii) is on paid leave under clause 55.14(b).
(b) The Employer may require the Employee to start parental leave if the
Employee:
(i) does not give the Employer the requested certificate within seven days of
the request; or
(ii) gives the Employer a medical certificate stating that the Employee is unfit
to work.
Personal/Carer’s Leave
A pregnant Employee, not then on parental leave, who is suffering from an illness
whether related or not to the pregnancy, may take any paid and/or unpaid
personal/carer’s leave in accordance with clause 51.
Transfer to a Safe Job
(a) Where an Employee is pregnant and, in the opinion of a registered medical
practitioner, illness or risks arising out of the pregnancy or hazards connected
with the work assigned to the Employee make it inadvisable for the Employee
55.9
55.10
55.11
55.12
55.13
55.14
Victorian Building Authority Enterprise Agreement 2020
87
OFFICIAL
to continue at their present work, the Employee will, if the Employer deems
it practicable, be transferred to a safe job with no other change to the
Employee’s terms and conditions of employment until the commencement of
parental leave.
(b) If the Employer does not think it to be reasonably practicable to transfer the
Employee to a safe job, the Employee may take No Safe Job Paid Leave, or
the Employer may require the Employee to take no safe job paid leave
immediately for a period which ends at the earliest of either:
(i) when the Employee is certified unfit to work during the six week period
before the expected date of birth by a registered medical practitioner; or
(ii) when the Employee’s pregnancy results in the birth of a living child or
when the Employee’s pregnancy ends otherwise than with the birth of a
living child.
(c) The entitlement to No Safe Job Leave is in addition to any other leave
entitlement the Employee has.
Special Parental Leave
Where the pregnancy of an Employee not then on parental leave terminates other than
by the birth of a living Child, the Employee may take leave for such periods as a
registered medical practitioner certifies as necessary, as follows:
(a) where the pregnancy terminates during the first 20 weeks, during the certified
period/s the Employee is entitled to access any paid and/or unpaid
personal/carer’s leave entitlements in accordance with clause 51.
(b) where the pregnancy terminates after the completion of 20 weeks, during the
certified period/s the Employee is entitled to paid special maternity leave not
exceeding the amount of paid parental leave available under clause
55.2(g)(iii) and thereafter, to unpaid special maternity leave.
Notice and evidence requirements
(a) An Employee must give at least 10 weeks written notice of the intention to
take parental leave, including the proposed start and end dates. At this time,
the Employee must also provide a statutory declaration stating:
(i) that the Employee will become either the Primary Caregiver or Secondary
Caregiver of the Child, as appropriate;
(ii) the particulars of any parental leave taken or proposed to be taken or
applied for by the Employee’s Spouse; and
(iii) that for the period of parental leave the Employee will not engage in any
conduct inconsistent with their contract of employment.
(b) At least four weeks before the intended commencement of parental leave, the
Employee must confirm in writing the intended start and end dates of the
parental leave, or advise the Employer of any changes to the notice provided
in clause 55.16(a), unless it is not practicable to do so.
55.15
55.16
Victorian Building Authority Enterprise Agreement 2020
88
OFFICIAL
(c) The Employer may require the Employee to provide evidence which would
satisfy a reasonable person of:
(i) for birth-related leave, the date of birth of the Child (including without
limitation, a medical certificate stating the date of birth or expected date of
birth); or
(ii) for adoption-related leave, the commencement of the placement (or
expected day of placement) of the Child and that the Child will be under
16 years of age as at the day of placement or expected day of placement.
(d) An Employee will not be in breach of this clause if failure to give the
stipulated notice is occasioned by confinement or placement occurring earlier
than the expected date or in other compelling circumstances. In these
circumstances the notice and evidence requirements of this clause should be
provided as soon as reasonably practicable.
Commencement of parental leave
(a) An Employee who is pregnant may commence Primary Caregiver parental
leave at any time within 16 weeks prior to the expected date of birth of the
Child. In all other cases, Primary Caregiver parental leave commences on the
day of the birth or placement of the Child.
(b) Secondary caregiver parental leave may commence up to one week prior to
the expected birth or placement of the Child. Where a Secondary Caregiver
takes additional paid leave in accordance with clause 55.6, the additional
leave will commence on the date the Employee takes on primary
responsibility for the care of a Child.
(c) The Employer and Employee may agree to alternative arrangements
regarding the commencement of parental leave.
(d) The period of parental leave for the purpose of calculating an Employee’s
maximum entitlement to paid and unpaid parental leave will commence from
the date parental leave commenced or otherwise no later than the date of birth
of the Child, irrespective of when the Employee elects to use any paid
entitlements they may have under this clause.
Rules for taking parental leave entitlements
(a) Parental leave is to be available to only one parent at a time, except parents
may take up to eight weeks leave concurrently with each other, comprising
any paid leave to which the Employee may be eligible for under clause 55.3
or unpaid, in connection with the birth or adoption of their Child (Concurrent
Leave).
(i) Concurrent Leave may commence one week prior to the expected date of
birth of the Child or the time of placement in the case of adoption.
(ii) Concurrent leave can be taken in separate periods, but each block of
concurrent leave must not be less than 2 weeks, unless the Employer
otherwise agrees.
(b) While an Employee’s eligibility for parental leave is determined at the time
of birth or adoption of the Child, the Employee and Employer may agree to
55.17
55.18
Victorian Building Authority Enterprise Agreement 2020
89
OFFICIAL
permit the Employee to use the paid leave entitlements outlined in this clause
at any time within the first 52 weeks of parental leave, or where an extension
is granted under clause 55.23(b), within the first 78 weeks where clause 55.6
is invoked or otherwise the first 104 weeks.
(c) Parental leave does not need to be taken in a single continuous period. The
Employer and Employee will agree on the duration of each block of parental
leave. The Employer will consider their operational requirements and the
Employee’s personal and family circumstances in considering requests for
parental leave in more than one continuous period. Approval of such requests
will not be unreasonably refused.
Using other accrued leave in conjunction with Parental Leave
An Employee may in lieu of or in conjunction with parental leave, access any
annual leave or long service leave entitlements which they have accrued subject to
the total amount of leave not exceeding 52 weeks or a longer period as agreed under
clause 55.23(b).
Public holidays during a period of paid parental leave
(a) Where a Public Holiday occurs during a period of paid parental leave, the
Public Holiday is not to be regarded as part of the paid parental leave and the
Employer will grant the Employee a day off in lieu, to be taken by the
Employee immediately following the period of paid parental leave.
Effect of unpaid parental leave on an Employee’s continuity of employment
(a) Other than provided for in clause 62 (Long Service Leave), unpaid parental
leave under clauses 55.4, 55.5, 55.23 and 55.29 shall not break an Employee’s
continuity of employment but it will not count as service for leave accrual or
other purposes.
Keeping in touch days
(a) During a period of parental leave the Employer and Employee may agree to
perform work for the purpose of keeping in touch in order to facilitate a return
to employment at the end of the period of leave.
(b) Keeping in touch days must be agreed and be in accordance with section 79A
of the Fair Work Act 2009.
Extending parental leave
(a) Extending the period of parental leave where the initial period of
parental leave is less than 52 weeks
(i) An Employee, who is on an initial period of parental leave of less than 52
weeks under clause 55.4 or 55.5, may extend the period of their parental
leave on one occasion up to the full 52 week entitlement.
(ii) The Employee must notify the Employer in writing at least four weeks
prior to the end date of their initial parental leave period. The notice must
specify the new end date of the parental leave.
55.19
55.20
55.21
55.22
55.23
Victorian Building Authority Enterprise Agreement 2020
90
OFFICIAL
(b) Right to request an extension to parental leave beyond the initial 52-week
period to a maximum of 104 weeks
(i) An Employee who is on parental leave under clause 55.4 or 55.5 may
request an extension of unpaid parental leave for a further period of up to
12 months immediately following the end of the current parental leave
period.
(ii) In the case of an Employee who is a member of an employee couple, the
period of the extension cannot exceed 12 months, less any period of
parental leave that the other member of the Employee couple will have
taken in relation to the Child.
(iii) The Employee’s request must be in writing and given to the Employer at
least 4 weeks before the end of the current parental leave period. The
request must specify any parental leave that the Employee’s spouse will
have taken.
(iv) The Employer shall consider the request having regard to the Employee’s
circumstances and, provided the request is based on the Employee’s
parental responsibilities, may only refuse the request on reasonable
business grounds.
(v) The Employer must not refuse the request unless the Employer has given
the Employee a reasonable opportunity to discuss the request.
(vi) The Employer must give a written response to the request as soon as
practicable, and no later than 21 days after the request is made. The
response must include the details of the reasons for any refusal.
Total period of parental leave
(i) The total period of parental leave, including any extensions, must not
extend beyond 24 months.
(ii) In the case of an Employee Couple, the total period of parental leave for
both parents combined, including any extensions, must not extend beyond
24 months. The Employee’s entitlement to parental leave under clause
55.4 or 55.5 will reduce by the period of any extension taken by a member
of the couple under clause 55.23.
Calculation of pay for the purposes of parental leave
(a) The calculation of weekly pay for paid parental leave purposes will be based
on the average number of ordinary hours worked by the Employee over the
past three years from the proposed commencement date of parental leave
(Averaging Period).
(b) Where an Employee has less than three years of service the Averaging Period
will be their total period of service at the VBA.
(c) The calculation will exclude any of the following periods which fall during
the Averaging Period:
(i) periods of unpaid parental leave, and
55.24
55.25
Victorian Building Authority Enterprise Agreement 2020
91
OFFICIAL
(ii) any time worked at a reduced time fraction in order to better cope during
pregnancy, and
(iii) authorised unpaid leave for an unforeseen reason beyond the Employee’s
control, and
(iv) time worked at a reduced time fraction on returning to work after a period
of parental leave under clause 55.30(c).
(d) For the purposes of clause 55.25(c)(iii), an ‘unforeseen reason beyond the
Employee’s control’ may include, for example, a personal illness or injury
suffered by the Employee, or the care or support of an ill or injured Immediate
Family or household member by the Employee. But would not include leave
taken for lifestyle or personal reasons, career breaks or leave to undertake
other employment.
(e) The average number of weekly hours, determined in accordance with clause
55.25(a) above, will be then applied to the annual Salary applicable to the
Employee’s classification and salary point at the time of taking parental leave
to determine the actual rate of pay whilst on parental leave.
Half Pay
The Employee may elect to take any paid parental leave entitlement at half pay for
a period equal to twice the period to which the Employee would otherwise be
entitled.
Employer Superannuation contributions in respect of Primary Caregiver
Parental Leave
An Employee who returns to work at the conclusion of a period of Primary
Caregiver Parental Leave will be entitled to have superannuation contributions
made in respect of the period of the Employee’s Primary Caregiver Parental Leave,
subject to requirements in clause 37.5 (Superannuation).
Effect of parental leave on progression for Primary Caregivers
An Employee who returns to work at the conclusion of a period of Primary
Caregiver Parental Leave may be entitled to Progression Steps or Amounts forgone
as a result of being on parental leave in accordance with clause 29 (Performance
Development Progression).
Commonwealth Paid Parental Leave
Paid parental leave entitlements outlined in this clause are in addition to any payments
which may be available under the Commonwealth Paid Parental Leave Scheme.
Returning to Work
(a) Returning to work early
(i) During the period of parental leave an Employee may return to work at
any time as agreed between the Employer and the Employee, provided that
time does not exceed four weeks from the recommencement date desired
by the Employee.
55.26
55.27
55.28
55.29
55.30
Victorian Building Authority Enterprise Agreement 2020
92
OFFICIAL
(ii) In the case of adoption, where the placement of an eligible child with an
Employee does not proceed or continue, the Employee will notify the
Employer immediately and the Employer will nominate a time not
exceeding four weeks from receipt of notification for the Employee’s
return to work.
(b) Returning to work at conclusion of leave
(i) At least four weeks prior to the expiration of parental leave, the Employee
will notify the Employer of their return to work after a period of parental
leave.
(ii) Subject to 55.30(b)(iii), an Employee will be entitled to the position which
they held immediately before proceeding on parental leave. In the case of
an Employee transferred to a safe job pursuant to clause 55.14 above, the
Employee will be entitled to return to the position they held immediately
before such transfer.
(iii) Where such position no longer exists but there are other positions available
which the Employee is qualified for and is capable of performing, the
Employee will be entitled to a position as nearly comparable in status and
pay to that of their former position.
(c) Returning to work at a reduced time fraction
(i) To assist an Employee in reconciling work and parental responsibilities,
an Employee may request to return to work at a reduced time-fraction until
their Child reaches school age, after which the Employee will resume their
substantive time-fraction.
(ii) Where an Employee wishes to make a request under clause 55.30(c)(i)
such a request must be made as soon as possible but no less than seven
weeks prior to the date upon which the Employee is due to return to work
from parental leave.
Lactation breaks
(a) Employees cannot be discriminated against for breastfeeding or chestfeeding
or expressing milk in the workplace.
(b) An Employee who wishes to continue breastfeeding or chestfeeding after
returning to work from a period of parental leave or keeping in touch days,
may take reasonable time during working hours without loss of pay to do so.
(c) Paid lactation breaks are in addition to normal meal and rest breaks provided
for in this Agreement.
Consultation and Communication during Parental Leave
(a) Where an Employee is on parental leave and a definite decision has been
made to introduce significant change at the workplace, the Employer shall
take reasonable steps to:
(i) make information available in relation to any significant effect the change
will have on the status or responsibility level of the position the Employee
held before commencing parental leave; and
55.31
55.32
Victorian Building Authority Enterprise Agreement 2020
93
OFFICIAL
(ii) provide an opportunity for the Employee to discuss any significant effect
the change will have on the status or responsibility level of the position the
Employee held before commencing parental leave.
(b) The Employee shall take reasonable steps to inform the Employer about any
significant matter that will affect the Employee’s decision regarding the
duration of parental leave to be taken, whether the Employee intends to return
to work and whether the Employee intends to request to return to work on a
part-time basis.
(c) The Employee shall also notify the Employer of changes of address or other
contact details which might affect the Employer’s capacity to comply with
clause 55.32(a).
Extended Family Leave
(a) An Employee who is the Primary Caregiver and has exhausted all parental
leave entitlements may apply for unpaid Extended Family Leave as a
continuous extension to their parental leave taken in accordance with this
clause. The total amount of leave, inclusive of parental leave taken in
accordance with this clause cannot exceed seven years from the
commencement date of parental leave.
(b) The Employee must make an application for Extended Family Leave each
year.
(c) An Employee will not be entitled to paid parental leave whilst on Extended
Family leave.
(d) Upon return to work the Employer may reallocate the Employee to other
duties.
Replacement Employees
(a) A replacement Employee is an Employee specifically engaged or temporarily
acting on higher duties or transferred, as a result of an Employee proceeding
on parental leave.
(b) Before the Employer engages a replacement Employee the Employer must
inform that person of the temporary nature of the employment and of the
rights of the Employee who is being replaced.
(c) The limitation in clause 17.3 on the use of fixed term employment to replace
the Employee does not apply in this case.
Casual Employees
The Employer must not fail to re-engage a casual Employee because the Employee has
accessed parental leave in accordance with this clause. The rights of the Employer in
relation to engagement and re-engagement of casual Employees are not affected, other
than in accordance with this clause.
55.33
55.34
55.35
Victorian Building Authority Enterprise Agreement 2020
94
OFFICIAL
Surrogacy Leave
Entitlement to Leave
An Employee (excluding a Casual Employee) who has completed at least three
months paid Continuous Service, who enters into a formal surrogacy arrangement
after the commencement of the Agreement, which complies with Part 4 of the
Assisted Reproductive Treatment Act 2008 (Vic), as the surrogate, is entitled to access
the following leave entitlements:
(a) Pre-Natal leave in accordance with clause 55.7 of the Agreement, and
(b) six weeks of paid leave
Continuing to work while pregnant
(a) A pregnant employee acting as the surrogate as part of a formal surrogacy
arrangement wanting to work during the six weeks before the birth may be
asked to provide a medical certificate stating they are fit for work and whether
there are any risks in connection to their duties.
(b) An Employee who fails to provide a requested medical certificate within
seven days or provides one which states they are unfit for work may be
required to commence surrogacy leave.
Transfer to safe job
(a) If an Employee provides a medical certificate stating they are fit for work but
it is inadvisable for the Employee to continue in their present duties because
of risks or illness the Employee is entitled to be transferred to an appropriate
safe job that has the same, or other agreed ordinary hours of work with no
other changes to the Employee’s terms and conditions.
(b) If no appropriate safe job is available the Employee is entitled to take paid or
unpaid (if not eligible for parental leave) ‘No Safe Job Leave’.
Commencement of Surrogacy Leave
(a) An Employee who is pregnant as a result of acting as a surrogate may
commence paid Surrogacy Leave at any time within 6 weeks prior to the
expected date of birth of the Child. Otherwise the period of parental leave
must commence no later than the date of birth of the Child, unless agreed with
the Employer.
(b) Unless otherwise agreed, any entitlement to paid surrogacy leave will be paid
from the date of commencement of Surrogacy Leave.
Surrogacy Leave and other entitlements
An Employee may access, in conjunction with Surrogacy Leave, any other paid or unpaid
entitlements available under this Agreement with the approval of the Employer.
Personal/Carer’s Leave
56.
56.1
56.2
56.3
56.4
56.5
56.6
Victorian Building Authority Enterprise Agreement 2020
95
OFFICIAL
A pregnant Employee, not then on Surrogacy Leave, who is suffering from an illness whether
related or not to the pregnancy, may take any paid and/or unpaid personal/carer’s leave in
accordance with clause 51.
Special Surrogacy Leave
(a) Where the pregnancy of an Employee not then on parental leave terminates
other than by the birth of a living child, the Employee may take leave for such
periods as a registered medical practitioner certifies as necessary, as follows:
(i) where the pregnancy terminates during the first 20 weeks, during the
certified period/s the Employee is entitled to access any paid and/or unpaid
personal/carer’s leave entitlements in accordance with clause 51;
(ii) where the pregnancy terminates after the completion of 20 weeks, during
the certified period/s the Employee is entitled to paid special surrogacy
leave not exceeding the amount of paid surrogacy leave available under
this clause 56.1.
Public holidays during a period of paid surrogacy leave
Where a Public Holiday occurs during a period of paid surrogacy leave, the Public Holiday
is not to be regarded as part of the paid surrogacy leave and the Employer will grant the
Employee a day off in lieu, to be taken by the Employee immediately following the period
of paid surrogacy leave.
Notice and Evidentiary Requirements
(a) An Employee must provide 10 weeks’ written notice to the Employer of their
intention to take Surrogacy Leave. The notification should include a Statutory
Declaration which specifies:
(i) the intended start and end dates of the leave, and
(ii) if known, any other leave the Employee seeks approval to take in
conjunction with their Surrogacy Leave, and
(iii) for the period of surrogacy leave the Employee will not engage in any
conduct inconsistent with their contract of employment.
(b) The Employer may also require the Employee to provide documentary
evidence confirming:
(i) the expected date of birth of the Child, and
(ii) the formal surrogacy arrangement, which complies with Part 4 of the
Assisted Reproductive Treatment Act 2008 (Vic).
(c) The Employee must confirm these details at least 4 weeks prior to the
commencement of the proposed period of Surrogacy leave.
Foster and Kinship Care Leave
An Employee who provides short-term foster or kinship care as the primary caregiver
to a Child who cannot live with their parents as a result of an eligible child protection
56.7
56.8
56.9
57.
57.1
Victorian Building Authority Enterprise Agreement 2020
96
OFFICIAL
intervention is entitled to up to two days paid leave on up to five occasions per calendar
year to be taken at the time the placement of the child with the Employee commences.
For the purposes of this clause Foster and Kinship Care includes:
(a) Foster Caring, which is the temporary care of a child of up to 18 years of age
on a short-term basis by an Employee who is an accredited foster carer.
(b) Kinship Care, which is temporary care provided by an Employee who is a
relative or a member of the child's social network when the child cannot live
with their parents.
(c) Aboriginal Kinship Care, which is temporary care provided by an Employee
who is a relative or friend of an Aboriginal child who cannot live with their
parents, where Aboriginal family and community and Aboriginal culture are
valued as central to the child’s safety, stability and development.
Eligible child protection interventions include emergency respite and short-term or
long-term placements on a non-permanent basis, as issued by the Victorian
Department of Health and Human Services, the Children’s Court or other similar
federal, state or judicial authority.
Subject to the approval of the Employer, the paid leave provided in this clause may be
used in conjunction with any other paid or unpaid leave entitlements the Employee
may be eligible for under this Agreement.
In the case of foster carers, one occasion totalling up to two days duration may be used
for accreditation purposes, including attending compulsory interviews or training.
The Employer may require the Employee to provide reasonable evidence to satisfy
themselves of the Employee’s entitlement to leave under this provision.
Gender Transition Leave
The Employer encourages a culture that is supportive of transgender and gender
diverse Employees and recognises the importance of providing a safe environment for
Employees undertaking gender transition.
Gender Transition refers to the process where a transgender Employee commences
living as a member of another gender. This is sometimes referred to ‘affirming’ their
gender. This may occur through medical, social or legal changes.
Employees may give effect to their transition in a number of ways and are not required
to be undergoing specific types of changes, such as surgery, to access leave under this
clause.
Amount of gender transition leave
(a) An Employee (other than a Casual Employee) who commences living as a
member of another gender is entitled Gender Transition Leave for the purpose
of supporting the Employee’s transition. Gender Transition Leave will
comprise:
(i) up to 4 weeks (20 days) paid leave for essential and necessary gender
affirmation procedures, and
57.2
57.3
57.4
57.5
57.6
58.
58.1
58.2
58.3
58.4
Victorian Building Authority Enterprise Agreement 2020
97
OFFICIAL
(ii) up to 48 weeks of unpaid leave.
(b) The Gender Transition Leave entitlements outlined in clause 58.4(a) are
available to be taken by the Employee within the first 52 weeks after they
commence living as a member of another gender.
(c) Essential gender affirmation procedures may include:
(i) medical or psychological appointments, or
(ii) hormonal appointments, or
(iii) surgery and associated appointments, or
(iv) appointments to alter the Employee’s legal status or amend the
Employee’s gender on legal documentation, or
(v) any other similar necessary appointment or procedure to give effect to the
Employee’s transition as agreed with the Employer.
(d) An Employee who is entitled to unpaid Gender Transition Leave may, in
conjunction with all or part of that leave utilise accrued Annual or Long
Service Leave, provided that the combined total of all paid and unpaid leave
taken does not exceed 52 continuous weeks.
(e) Gender Transition Leave may be taken as consecutive, single or part days as
agreed with the Employer.
(f) Leave under this clause will not accrue from year to year and cannot be cashed
out on termination of employment.
Gender Transition Leave – Casual employees
Casual Employees are entitled to access unpaid leave of up to 52 continuous weeks duration
for gender transition purposes.
Notice and evidence requirements
(a) An Employee seeking to access Gender Transition Leave must provide the
Employer with at least 4 weeks’ written notice of their intended
commencement date and expected period of leave, unless otherwise agreed
by the Employer.
(b) An Employee seeking to access Gender Transition Leave may be required to
provide suitable supporting documentation or evidence of their attendance at
essential gender affirmation procedures. This may be in the form of a
document issued by a registered practitioner, a lawyer, or a State, Territory or
Federal government organisation, statutory declaration or other suitable
supporting documentation.
(c) For the purpose of this clause, Registered Practitioner has the same meaning
as set out in clause 51.1.
58.5
58.6
Victorian Building Authority Enterprise Agreement 2020
98
OFFICIAL
Leave to Attend Rehabilitation Program
An Employee, other than a casual Employee, may be granted leave with or without
pay to undertake an approved rehabilitation program where the Employer is satisfied
that:
(a) the Employee’s work performance is adversely affected by the misuse of
drugs or alcohol or problem gambling;
(b) the Employee is prepared to undertake a course of treatment designed for the
rehabilitation of persons with alcohol, drug or gambling related problems; and
(c) in the case of an alcohol or drug addiction, a Registered Practitioner has
certified that in their opinion the Employee is in need of assistance because
of their misuse of alcohol or drugs and that the Employee is suitable for an
approved rehabilitation program; or
(d) in the case of problem gambling the Employee satisfies the eligibility criteria
for entry into an approved problem gambling rehabilitation program.
On production of proof of attendance at an approved rehabilitation program in
accordance with clause 59.1, an Employee may be granted leave as follows:
(a) An Employee who has completed two years’ continuous or aggregate service
and who has exhausted all other accrued leave entitlements may be granted
leave with pay up to the maximum number of days specified below:
Years of Service First Year of Program Subsequent Years of
Program
2 years 20 days 15 days
3 years 27 days 20 days
4 years 33 days 25 days
5 or more years 40 days 30 days
(b) An Employee who has completed less than two years continuous or aggregate
service may be granted leave without pay for the purposes of attending an
approved rehabilitation program.
For the purpose of this clause, Registered Practitioner has the same meaning as set out
in clause 51.1.
Cultural and Ceremonial Leave
NAIDOC Week Leave
(a) An Employee of Aboriginal or Torres Strait Islander descent is entitled to one
day of paid leave per year to participate in National Aboriginal and Islander
Day Observance Committee (NAIDOC) week activities and events.
59.
59.1
59.2
59.3
60.
60.1
Victorian Building Authority Enterprise Agreement 2020
99
OFFICIAL
(b) NAIDOC week leave will not accrue from year to year and will not be paid
out on termination of the employment of the Employee.
Leave to attend Aboriginal community meetings
The Employer may approve attendance during working hours by an Employee of
Aboriginal or Torres Strait Islander descent at any Aboriginal community meetings,
except the Annual General Meetings of Aboriginal community organisations at which
the election of office bearers will occur.
Leave to attend Annual General Meetings of Aboriginal community
organisations
The Employer may grant an Employee of Aboriginal or Torres Strait Islander descent
accrued annual or other leave to attend Annual General Meetings of Aboriginal
community organisations at which the election of office bearers will occur.
Ceremonial leave
(a) Ceremonial leave will be granted to an Employee of Aboriginal or Torres
Strait Islander descent for ceremonial purposes:
(i) connected with the death of a member of the Immediate Family or
extended family (provided that no Employee shall have an existing
entitlement reduced as a result of this clause); or
(ii) for other ceremonial obligations under Aboriginal and Torres Strait
Islander lore.
(b) Where ceremonial leave is taken for the purposes outlined in clause 60.4(a),
up to three days in each year of employment will be with pay. Paid ceremonial
leave will not accrue from year to year and will not be paid out on termination
of the employment of the Employee.
(c) Ceremonial leave granted under this clause 60.4 is in addition to
compassionate leave granted under clause 54.
Leave to participate in the First Peoples’ Assembly of Victoria
An Employee who is a member of the First Peoples’ Assembly of Victoria is entitled
to up to 10 days paid leave per calendar year to fulfil their official functions during
their term of office.
Leave will be available to attend sessions of the First Peoples’ Assembly of Victoria,
participate in constituent consultation relevant to their role or for any other ancillary
purpose as agreed with the Employer.
Where in any calendar year an Employee exhausts their entitlement under this clause
the Employer may grant further paid or unpaid leave, under clause 70 (Other Leave),
to support the Employee’s representative functions.
The Employee may also utilise flexible working arrangements, in addition to leave
provided in this clause, to help support their representative functions, with the
agreement of the Employer.
60.2
60.3
60.4
61.
61.1
61.2
61.3
61.4
Victorian Building Authority Enterprise Agreement 2020
100
OFFICIAL
Leave under this clause will not accrue from year to year and cannot be cashed out on
termination of employment.
Long Service Leave
Basic Entitlement and accrual
(a) Long service leave is paid leave accrued during Continuous Employment with
the VBA.
(b) Employees accrue long service leave based on the number of ordinary hours
worked. Part-time Employees accrue long service leave on a pro rata basis.
Casual Employees are entitled to accrue long service leave as provided for in
this clause.
(c) The basic entitlement for each 10 years’ full-time Continuous Employment is
set out in the table below.
Entitlement after 10 full time
continuous employment
Approximate leave accrual
per hour
Employee whose ordinary
hours of work average 76 hours
per fortnight
495.6967 hours (3 months)
0.0250 hours per hour
When can Long Service Leave be accessed?
(a) An Employee is entitled to take long service leave on a pro-rata basis after
seven years of Continuous Employment, and at any time after that in
accordance with clause 62.3.
(b) An Employee with seven or more years of Continuous Employment is entitled
to be paid out any unused long service leave accrual on the date their
employment ends.
(c) Despite clause 62.2(b) an Employee with 4 or more years of Continuous
Employment is entitled to be paid out any unused long service leave accrual
if:
(i) on account of age or ill health the Employee retires or is retired; or
(ii) the employment of the Employee is terminated for any reason except for
serious misconduct or resignation; or
(iii) the Employee dies.
Taking long service leave
(a) Long service leave will be taken at a time convenient to the needs of the
Employer and Employee.
(b) An Employee and Employer may agree that the whole or any part of their
entitlement is paid
61.5
62.
62.1
62.2
62.3
Victorian Building Authority Enterprise Agreement 2020
101
OFFICIAL
(i) at the current time fraction they work, or
(ii) at a different time fraction to that currently worked.
(c) Long service leave may be taken for any period of not less than 1 day.
(d) A Public Holiday falling within a period of approved long service leave is not
regarded as part of the long service leave. An Employee is entitled to take and
be paid for a public holiday falling within a period of approved long service
leave.
(e) On return from leave, the Employee will revert to the time fraction they
worked immediately prior to going on leave, unless otherwise agreed by the
Employer and the Employee.
Payment while on long service leave
(a) While on long service leave the Employer will continue to pay the Employee
using the same method and frequency as if the Employee was not on long
service leave.
(b) Payment to an Employee for or in lieu of long service leave includes:
(i) Salary, and
(ii) salary maintenance if the Employee is receiving salary maintenance; and
(iii) any additional payment payable for a temporary assignment where the
assignment has continued for a period of at least twelve months before the
commencement of the leave; and
(iv) any annual allowance payable to the Employee which the Employer
determines should be included, except excluding (if relevant):
• any payment of overtime, commuted overtime or Shift Work
allowances; and
• any travelling or transport allowance; and
• any allowance which is a reimbursement of an expenditure.
Periods of Continuous Employment in which long service leave accrues
Long service leave continues to accrue during the following absences from work:
(a) an absence on paid leave;
(b) from 1 January 2019, an absence after birth or adoption of a child (other than
in the case of a casual employee) on unpaid parental leave which, in
combination with any period of paid parental leave, totals 52 weeks or less;
(c) an absence of 52 weeks or less when the employee is in receipt of weekly
payments of compensation under the Workplace Injury Rehabilitation and
Compensation Act 2013 (Vic) or any predecessor;
62.4
62.5
Victorian Building Authority Enterprise Agreement 2020
102
OFFICIAL
(d) an absence of 52 weeks or less during which a pension under section 83A(1)
of State Superannuation Act 1988 (VIC) (or similar provision applying to
Employees of a declared authority) was paid; or
(e) an absence on unpaid leave for which the Employer expressly authorises long
service leave to accrue.
Periods of Continuous Employment in which long service leave does not accrue
(a) Long service leave does not accrue for the following periods:
(i) a gap between engagements of a Casual Employee of less than 3 months;
or
(ii) an absence on unpaid leave, other than as provided for in clause 62.5; or
(iii) an absence from duty in excess of 12 months when the Employee was in
receipt of weekly payments of compensation under the Workplace Injury
Rehabilitation and Compensation Act 2013 (Vic) or any corresponding
previous enactment; or
(iv) a period of service which followed the date on which a pension under the
State Superannuation Act 1988 (Vic) (or similar provision applying to
Employees on the staff of a declared authority) became payable by reason
of retirement on the ground of disability.
(b) The periods at clause 62.6(a) do not break Continuous Employment, and may
be periods of recognised service for the purposes of long service leave.
Absences which break Continuous Employment
Continuous Employment will be broken by the following:
(a) any gap between engagements in Continuous Employment by a Casual
Employee of more than 3 months; or
(b) any absence from employment due to the dismissal of the Employee for
disciplinary reasons; or
(c) receipt of a Voluntary Departure Package from any Victorian Public Sector
employer; or
(d) any gap or break in service or absence not provided for in clause 62.5 or
clause 62.6 or clause 62.8.
Previous employment which counts towards Continuous Employment
(a) Service in previous employment with any employer referred to in clause 62.9
counts towards Continuous Employment where the service concluded within
12 months of the commencement or re-commencement of employment with
the VBA.
(b) Despite clause 62.8(a), service in previous employment with any employer
referred to in clause 62.9 counts towards Continuous Employment where:
(i) the service concluded within three years of retirement occasioned by
disability, or
62.6
62.7
62.8
Victorian Building Authority Enterprise Agreement 2020
103
OFFICIAL
(ii) the service concluded within two years of the commencement of
employment with the VBA and the Employer considers special
circumstances exist.
(c) An Employee is not entitled to long service leave (or payment for long service
leave):
(i) for a period of service for which the Employee was entitled to receive long
service leave (or payment for long service leave) from a different employer
or for previous employment; or
(ii) where the Employee has received long service leave (or a payment in
respect of long service leave) from a different employer or for previous
employment.
(d) Clause 62.8(c) does not apply if funds have been transferred to the Employer
to cover long service leave.
(e) Clauses 62.6 and 62.7 apply to service in previous employment.
Service with other employers that counts towards Continuous Employment
(a) The following service will be recognised as Continuous Employment for the
purposes of long service leave:
(i) any service with a State, Commonwealth or Territory of Australia
Government Department or Public Service authority; or
(ii) any service with a public entity under the PAA; or
(iii) any service with a local government authority that is established by or
under a law of Victoria.
(b) In addition, the Employer may recognise service with
(i) a public sector authority; or
(ii) a local governing authority of the Commonwealth, a State other than
Victoria or a Territory of Australia
(c) For the purposes of clause 62.9(a) and 62.9(b) authority means an authority,
whether incorporated or not, that is constituted:
(i) by or under a law of a State, the Commonwealth or a Territory of Australia;
and
(ii) for a public purpose.
(d) Where an Employee believes they have service with other employers which
should be counted towards Continuous Employment, the Employee should
make application to the Employer seeking this service be counted towards the
Employee’s period of Continuous Employment within six months of an
Employee’s starting date with the VBA. The Employer will take reasonable
steps within this period to ascertain from the Employee whether the Employee
has prior service.
(e) Clauses 62.6, 62.7 and 62.8 apply to service in previous employment
62.9
Victorian Building Authority Enterprise Agreement 2020
104
OFFICIAL
Defence Reserve Leave
An Employee required to complete Defence Reserve service may be granted leave up
to a maximum period of 78 weeks’ continuous service.
The Employee will consult with the Employer regarding the proposed timing of the
service. Applications for leave under this clause must be made with as much notice as
is possible and be accompanied by evidence supporting the call to duty or reasons for
the service.
Where the base salary excluding allowances received by the Employee from the
Australian Defence Force or Defence Reserve service during their ordinary hours of
work is below the Employee’s VBA salary, the Employer will, unless exceptional
circumstances arise, pay to the Employee make-up pay for the period of Defence
Reserve service.
Preservation of prior entitlement
For Employees in employment prior to 9 May 2002, any more favourable provision
relating to their previous entitlement to Defence Force leave is maintained.
Jury Service
An Employee required to attend for jury service under the Juries Act 2000 (Vic) is
entitled to leave with pay for the period during which their attendance is required. The
Employee must provide a certificate of attendance issued by the Juries Commissioner
as evidence of attendance.
Any payment made to the Employee in accordance with the Juries Act 2000 (Vic) for
serving as a juror during their ordinary hours of work must be repaid to the Employer,
less an amount for reasonable expenses actually incurred.
Leave for Blood Donations
Leave may be granted to an Employee without loss of pay to visit the Red Cross Blood
Bank as a donor once every twelve weeks.
Leave to Engage in Voluntary Emergency Management Activities
An Employee who engages in a voluntary emergency management activity with a
recognised emergency management body that requires the attendance of the Employee
at a time when the Employee would otherwise be required to be at work is entitled to
leave with pay for:
(a) time when the Employee engages in the activity;
(b) reasonable travelling time associated with the activity; and
(c) reasonable rest time immediately following the activity.
The Employee must advise the Employer as soon as reasonably practicable if the
Employee is required to attend a voluntary emergency management activity and must
advise the Employer of the expected or likely duration of the Employee’s attendance.
63.
63.1
63.2
63.3
63.4
64.
64.1
64.2
65.
66.
66.1
66.2
Victorian Building Authority Enterprise Agreement 2020
105
OFFICIAL
The Employee must provide a certificate of attendance or other evidence of attendance
as reasonably requested by the Employer.
Recognised emergency management bodies include but are not limited to, the Country
Fire Authority, Red Cross, State Emergency Service and St John Ambulance.
An Employee who is required to attain qualifications or to requalify to perform
activities in an emergency management body must be granted leave with pay for the
period of time required to fulfil the requirements of the training course pertaining to
those qualifications, provided that such training can be undertaken without unduly
affecting the operations of the Employer.
Voluntary Community Activities Leave
An Employee is entitled to leave with pay of up to 10 days, per calendar year, to fulfil
official functions during their term of office as an elected member of
(a) a Local Government Council or
(b) a committee of management of a not-for-profit community organisation
which operates under a formal legal structure subject to applicable State of
Federal legislation.
Leave will be subject to Employer’s operational needs
Leave will be available for any of the following purposes:
(a) To enable the Employee to attend any training program required to meet
grant, funding or governance obligations, or
(b) Participate in a community event as part of their role with the organisation,
or
(c) Participate in consultation relevant to their role in the organisation, or
(d) Any other purpose agreed with the Employer.
Leave will not accrue from year to year and cannot be cashed out on termination of
employment.
Participation in Sporting Events
Leave with pay up to a maximum of two weeks in any two calendar year period may
be granted to an Employee to participate either as a competitor or an official in any
non-professional state, national or international sporting event.
The length of absence from work and travel arrangements for participation in sporting
events must be agreed with the Employer in advance before leave may be granted.
Study Leave
The Employer acknowledges that learning and development benefits both the
Employee and Employer.
66.3
66.4
67.
67.1
67.2
67.3
67.4
68.
68.1
68.2
69.
69.1
Victorian Building Authority Enterprise Agreement 2020
106
OFFICIAL
The Employer may grant to any Employee paid leave to undertake an accredited course
of study provided by an educational institution or registered training organisation.
The Employer may grant any Employee time off without loss of pay under this clause
for professional development including Continuing Professional Development (CPD),
short courses, micro-credentialing or other training.
In determining whether to grant study leave, the Employer will consider matters such
as the relevance of the proposed study to the Employee’s employment, the
development of the Employee’s capability and skills, alignment to organisational goals
and the reasonable operational requirements of the Employer.
The Employer may grant an Employee the following leave entitlements:
(a) Paid leave to enable travel to an attendance of up to seven hours of classroom
or related project work per week, and
(b) Up to five days paid leave per annum to:
(i) prepare for and attend examinations associated with the course of study,
or
(ii) finish major project work required to complete an accredited course of
study, professional development, short-course, micro-credentialing or
other training.
The Employer may grant additional leave with or without pay as considered necessary.
Part-time Employees may be granted Study Leave on a pro-rata basis calculated on the
number of ordinary hours worked.
In determining the amount of any leave to be granted under clause 69.2, the Employer
will have regard to the course requirements, the Employer’s operational requirements
and the development of the Employee.
Where an Employee undertakes an accredited course of study professional
development, short course, micro-credentialing or other training, the Employee may
be expected to complete some of the course requirements in their own time.
The paid leave provided for in clause 69.5(a) may be used weekly or, with the approval
of the Employer, banked to support attendance at intensive courses. Study leave will
not accrue from year to year and will not be paid out on termination.
Other Leave
An Employee may be granted leave without pay by the Employer for any purpose.
Leave under this clause may be granted for purposes including:
(a) Cultural and religious purposes; or
(b) Activities inherently associated with an Employee’s disability not already
provided for by specific leave entitlements under this Agreement or otherwise
agreed with the Employer; or
(c) Paid family violence leave for casual employees.
69.2
69.3
69.4
69.5
69.6
69.7
69.8
69.9
69.10
70.
70.1
70.2
Victorian Building Authority Enterprise Agreement 2020
107
OFFICIAL
Unless otherwise provided for in this Agreement, leave without pay shall not break the
Employee’s continuity of employment but leave without pay will not count as service
for leave accrual or other purposes.
Part 8 Occupational Health and Safety
Accident Make-Up Pay
Where an Employee is absent from duty as a result of sustaining an injury in respect
of which the Employee is entitled to weekly payments of compensation under the
Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), the Employee
will, except where otherwise provided in clause 71.2 below, be entitled to accident
make-up pay equivalent to their normal Salary less the amount of weekly
compensation payments.
Payment – maximum entitlement
(a) The Employer will continue to provide accident make-up pay to the
Employee for either a continuous period of 52 weeks, or an aggregate of 261
working days, or an aggregate period of 1984 hours unless employment
ceases.
(b) An entitlement to accident make-up pay will cease when the Employee has
been absent from work for either a continuous period of 52 weeks, or an
aggregate period of 261 working days, or an aggregate of 1984 hours or when
employment ceases or when the benefits payable under the Workplace Injury
Rehabilitation and Compensation Act 2013(Vic) cease.
(c) The Employer may grant the Employee leave without pay where an
entitlement to accident make-up pay has ended.
For the avoidance of doubt, an Employee may, with the Employer’s consent, take
annual leave, long service leave or substitute leave (in accordance with clause 44.2)
whilst receiving accident make up pay.
For an injury prior to the proclamation of the Workplace Injury Rehabilitation and
Compensation Act 2013, a reference to that Act shall be deemed to be a reference to
the Accident Compensation Act 1985 (Vic).
Occupational Health and Safety and Rehabilitation
Objectives
(a) This Agreement acknowledges and supports the rights of Employees to work
in an environment, which is, so far as is practicable, safe and without risks to
health. The Parties are committed to the promotion of a joint and united
approach to consultation and resolution of Occupational Health and Safety
(OH&S) issues.
(b) The Agreement commits the Parties to improving health and safety with a
view to improving workplace efficiency and productivity. This will be
accomplished through the ongoing development, in consultation with
70.3
71.
71.1
71.2
71.3
71.4
72.
72.1
Victorian Building Authority Enterprise Agreement 2020
108
OFFICIAL
Employees and their health and safety representatives, of management
systems and procedures designed to, so far as is practicable to:
(i) identify, assess and control workplace hazards; and
(ii) reduce the incidence and cost of occupational injury and illness; and
(iii) identify and appropriately manage work and work practices which impact
on OH&S; and
(iv) provide a rehabilitation system for Employees affected by occupational
injury or illness; and
(v) consider the impact of changes to work practices and staffing on
occupational health and safety; and
(vi) ensure the health and safety representatives can exercise their powers to
the extent provided for in the Occupational Health and Safety Act 2004
(Vic) and the Occupational Health and Safety Regulations 2017.
(c) OH&S statutory requirements, including regulations and codes of practice/
compliance codes are minimum standards and will be improved upon where
practicable.
OH&S consultation
(a) Consultative mechanisms appropriate to the VBA will be established to
address OH&S issues. Such mechanisms will be:
(i) in accordance with the Victorian Occupational Health and Safety Act
2004;
(ii) established in consultation with Employees and their health and safety
representatives; and
(iii) consistent with the Employer’s agreed issue resolution procedures and the
rights and functions of health and safety representatives, consistent with
the Occupational Health and Safety Act 2004 (Vic).
(b) Where an OH&S committee is established at least half the members shall be
Employees, including health and safety representatives.
(c) The OH&S committee must operate within the requirements of the
Occupational Health and Safety Act 2004 (Vic).
(d) A CPSU Workplace representative may attend local OH&S committee
meetings (by giving notice) from time to time.
OH&S training
(a) Workplace training programs, including induction and on-the-job training
will outline relevant details of OH&S policies and procedures.
(b) The contents of OH&S training programs will outline the OH&S roles and
responsibilities of Employees, managers and supervisors, OH&S policies and
procedures, particular hazards associated with their workplaces, control
72.2
72.3
Victorian Building Authority Enterprise Agreement 2020
109
OFFICIAL
measures applicable to each hazard, and how to utilise OH&S systems to
identify hazards and instigate preventative action.
Designated Work Groups
(a) The parties at the local level will review the Designated Work Groups
(DWGs), and negotiate revised DWGs where appropriate through workplace
Union/management consultative structures.
(b) The parties at the central level will establish instructions for the conduct of
the reviews of DWGs at the local level.
(c) Unions will be notified of vacancies for health and safety representatives in
DWGs where the majority of DWG Employees are eligible to be members of
a Union.
(d) Each elected health and safety representative will be provided with reasonable
access to facilities such as email, telephone, fax, office and computer access,
where available. An Employee will be granted reasonable time release or paid
time (including time in lieu) to attend to their functions as a health and safety
representative, including but not limited to regularly inspecting workplaces
(as defined by their DWG), consulting with Employees in their DWGs,
OH&S representatives and other persons involved in the organising of
Employees’ health, safety and welfare.
(e) The Employer will post and maintain current in each workplace the names
and relevant contact details, including email where available, of elected health
and safety representatives for identified DWGs. Such circular shall be
required to be posted on a notice board for the regular attention of all
Employees working in the workplace.
(f) To monitor the maintenance of effective OH&S structures and training
delivery the parties will jointly establish a central register or local registers of
DWG’s and their health and safety representatives. The register will be
maintained by the Employer from information provided on a quarterly basis
from each region/workplace.
(g) Information from the updated register(s) will be provided periodically
(quarterly) in electronic format to a Union. The information provided will be
in accordance with the Privacy and Data Protection Act 2014 (Vic). Where
possible, this information will include:
(i) a description, including the location, of each DWG;
(ii) the name of each elected health and safety representative, their workplace
contact details and email address;
(iii) the date the health and safety representative was elected;
(iv) a description of the training the health and safety representative has
attended and the date of attendance;
(v) the name and contact details of the nominated management representative
responsible for each DWG;
72.4
Victorian Building Authority Enterprise Agreement 2020
110
OFFICIAL
(vi) details of the structure of OH&S committees, their meeting frequency and
the name and contact details of the committee convener.
Bullying and violence at work
(a) The Parties to this Agreement are committed to working together to reduce
bullying and occupational assault so far as is practicable in the workplace.
(b) Over the life of the agreement, the Parties commit to work towards a
consistent, service wide approach to prevent and manage negative workplace
behaviour, including by:
(i) continuing and finalising the drafting of a common bullying policy.
(ii) ensuring employee awareness of expected standards of behaviour,
employee duties in respect of occupational health and safety and of what
constitutes and how to prevent and address negative workplace behaviour;
(iii) ensuring supervisor and manager capability to prevent and manage
negative workplace behaviour;
(iv) ensuring consistent, best practice processes for managing negative
behaviour in accordance with clause 25 processes.
Employee support and debriefing
(a) The Employer will provide support and debriefing to Employees who have
directly or vicariously experienced a “critical incident” during the course of
the work that results in personal distress or psychological trauma. The
Employer is committed to assisting the recovery of Employees experiencing
distress or trauma following a critical incident with the aim of returning
Employees to their pre-incident level of functioning as soon as possible.
(b) A critical incident is defined as an event outside the range of usual human
experience which has the potential to easily overcome a person's normal
ability to cope with stress. It may produce a negative psychological response
in an Employee who was involved in or witnessed, or otherwise deals with
and/ or is exposed through the course of their duties to the details of such an
incident.
(c) Critical incidents in the workplace environment include, but are not limited
to:
(i) aggravated assaults; or
(ii) robbery; or
(iii) suicide or attempted suicide; or
(iv) murder; or
(v) sudden or unexpected death; or
(vi) hostage or siege situations; or
(vii) discharge of firearms; or
72.5
72.6
Victorian Building Authority Enterprise Agreement 2020
111
OFFICIAL
(viii) vehicle accidents involving injury and/or substantial property damage; or
(ix) acts of self-harm by persons in the care of others; or
(x) industrial accidents involving serious injury or fatality; or
(xi) accounts of sexual violence; or
(xii) accounts of child abuse and domestic violence; or
(xiii) any other serious accidents or incidents.
Industrial Relations/Occupational Health and Safety Training
In order to encourage co-operative workplace relations and facilitate the operation of
this Agreement, an Employee who has been nominated by a Union and has been
accepted by a training provider to attend a designated trade union training course may
be granted up to five days leave on full pay in any one calendar year, so long as the
granting of such leave does not unduly effect the operations of the VBA.
The Employee may be granted the leave specified in clause 73.1 where the Employer
is satisfied that the course of training is likely to contribute to a better understanding
of industrial relations, occupational health and safety, safe work practices, knowledge
of award and other industrial entitlements and the upgrading of Employee skills in all
aspects of trade union functions.
An Employee may be granted paid leave under this clause in excess of five days and
up to ten days in any one calendar year subject to the total leave taken in that calendar
year and in the subsequent calendar year not exceeding ten days.
An Employee, upon election as a health and safety representative, shall be granted up
to five days’ paid leave, as soon as practicable after election, to undertake an
appropriate introductory health and safety representative’s course from a training
organisation of their choice that is approved by the Victorian WorkCover Authority,
having regard to course places and the Employer's operations. The Employer shall
meet any reasonable costs incurred. Leave under this clause 73.4 must only be granted
to an Employee on one occasion and is additional to any other leave granted under this
clause.
Additional paid leave may be approved for health and safety representatives to attend
training approved by the Victorian WorkCover Authority under the Occupational
Health and Safety Act 2004 (Vic), which is relevant to the functions of the DWG.
Facilities, Equipment and Accommodation – General
The Employer shall provide Employees with all such instruments, equipment, tools,
stationery and furniture as may be reasonably necessary for carrying out their work
except as otherwise agreed between the Parties to this Agreement.
The Employer shall provide, in readily accessible locations, first aid equipment
adequate for the nature of the Employee’s duties.
73.
73.1
73.2
73.3
73.4
73.5
74.
74.1
74.2
Victorian Building Authority Enterprise Agreement 2020
112
OFFICIAL
Agreement Compliance and Union Related Matters
Protection
(a) An Employee shall not be dismissed or injured in their employment or have
their employment altered to their prejudice, or be threatened with prejudicial
or injurious treatment or with dismissal by reason of their status as an
Accredited Representative of a Union, engagement in lawful activities as an
authorised representative of a Union or on the basis of their membership of a
Union or participation in lawful Union activities, provided that where any
such activities are undertaken during working hours, the Employee’s release
has been approved. Approval will not be unreasonably withheld.
(b) The Employer shall not injure a person in their employment, or alter the terms
or conditions of employment of a person to their prejudice on the basis of
their membership of or participation in the lawful activities of a Union,
provided that where any such activities are undertaken during working hours,
the Employee’s release has been approved. Approval will not be
unreasonably withheld.
Facilities
(a) An Accredited Representative of a Union shall be released by the Employer
from normal duties for such periods of time as may be reasonably necessary
to enable them to carry out their representative functions including, but not
limited to, investigating any alleged breach of this Agreement, endeavouring
to resolve any dispute arising out of the operation of this Agreement,
participating in any bargaining, conciliation or arbitration process conducted
under the provisions of the FW Act. Such release must not unduly affect the
operations of the VBA.
(b) Members of a Union shall be permitted by the Employer to post written
material authorised by a Union in a place within the workplace to which
members of that Union have convenient access, and to distribute such written
material by appropriate means to Union members.
(c) Employees will be allowed reasonable access to electronic communication
devices to facilitate communication between Employees and/or the Union,
provided that such communication is not offensive or improper.
Employee Representation on CPSU SPSF Victorian Branch Council
(a) Employees who are CPSU SPSF Victorian Branch Council members
nominated by the Branch Secretary of the CPSU will be entitled to a half day
per month to attend Branch Council meetings. Time release will include
reasonable time to travel to the meetings.
(b) Additional paid leave will be granted to employees who are CPSU SPSF
Victorian Branch Council members nominated by the Branch Secretary to
attend:
(i) Federal Executive and Federal Council meetings of the CPSU; and
(ii) the Australian Council of Trade Unions’ triennial conference.
75.
75.1
75.2
75.3
Victorian Building Authority Enterprise Agreement 2020
113
OFFICIAL
(c) On application, the Employer shall grant leave without pay to an Employee
for the purposes of secondment to work for a Union.
Right of Entry
For the purposes of ensuring compliance with this Agreement and the FW Act, an
official of a Union who has been issued with an entry permit by the FWC pursuant to
section 512 of the FW Act will be permitted access to the workplace provided they
comply with the provisions set out in Part 3-4 of the FW Act.
A permit holder may only enter the workplace for the purposes permitted by and in
compliance with the provisions of Part 3-4 of the FW Act.
Subject to clauses 76.1 and 76.2 a permit holder may enter the premises and shall
adhere to the principles that they must not intentionally hinder or obstruct any person,
or otherwise act in an improper manner.
76.
76.1
76.2
76.3
Victorian Building Authority Enterprise Agreement 2016
Schedule A
114
OFFICIAL
Redeployment
The redeployment policy will be based on the following principles:
1. The redeployment of surplus Employees wherever practical and consistent with the
application of merit;
2. Surplus Employees have priority to be placed in vacancies that occur within the VBA,
unless the surplus Employee is determined to be unsuitable for appointment to that
vacancy by the Employer;
3. The placement of surplus Employees be managed within the VBA. Surplus Employees
will be provided with individualised case management and support, including
counselling, provision of job search skills, liaison and retraining to assist in achieving
placements;
4. Processes to be consistent with the application of the principles of fair and reasonable
treatment and merit selection;
5. Surplus Employees to have access to departure packages only after a reasonable period;
6. Retrenchment and payment of a separation package to be used as an action of last resort
where redeployment within a reasonable period does not appear likely;
7. Where a vacancy exists for which a redeployee is suitable and is the only candidate or
the best candidate amongst redeployees, a valid offer will be made. A valid offer
involves an offer of duties to a suitably qualified Employee (which may be at the same
or different level or status or the same or different general location as the Employee’s
previous employment);
8. Redeployees will have priority access to vacancies both at the Employee’s classification
level and below their classification level and, where appropriate, will be provided with
salary maintenance;
9. The VBA will provide support to redeployees being placed in alternative positions
utilising high quality and professional expertise; and
10. Redeployees will actively engage in the redeployment process.
Schedule A
Victorian Building Authority Enterprise Agreement 2020
115
OFFICIAL
Salaries - VBA
Effective 20 March 2020
Grade Value
Range
Salary Ranges
Progression amounts
Min. Max.
V
B
A
O
ff
ic
er
1 1.1
$48,623
$51,616
1.1.1 $48,623
1.1.2 $49,619
1.1.3 $50,617
1.1.4 $51,616
2
2.1
$53,280
$60,851
2.1.1 $53,280
2.1.2 $54,362
2.1.3 $55,443
2.1.4 $56,527
2.1.5 $57,605
2.1.6 $58,689
2.1.7 $59,770
2.1.8 $60,851
2.2 $54,573 $60,292
2.2.1 $54,573
2.2.2 $55,527
2.2.3 $56,479
2.2.4 $57,433
2.2.5 $58,384
2.2.6 $59,340
2.2.7 $60,292
3
3.1
$69,917
$77,407
3.1.1 $69,917
3.1.2 $71,416
3.1.3 $72,915
3.1.4 $74,412
3.1.5 $75,907
3.1.6 $77,407
3.2
$78,903
$84,895
3.2.1 $78,903
3.2.2 $80,403
3.2.3 $81,900
3.2.4 $83,395
3.2.5 $84,895
4 4.1
$86,558
$98,210
4.1.1 $86,558
4.1.2 $88,502
4.1.3 $90,443
4.1.4 $92,381
4.1.5 $94,327
4.1.6 $96,268
4.1.7 $98,210
Se
ni
or
O
ff
ic
er
5
5.1 $99,872 $110,355
$2,994 5.2 $110,357 $120,838
6
6.1 $122,502 $143,219 $3,780
6.2 $143,220 $163,934
Se
ni
or
Te
ch
ni
ca
l
Sp
ec
ia
lis
t
7
7.1 $166,390 $186,355
$6,209 7.2 $186,359 $206,325
7.3 $206,325 $226,292
Schedule B
Victorian Building Authority Enterprise Agreement 2020
116
OFFICIAL
Effective 1 December 2020
Grade Value
Range
Salary Ranges
Progression amounts
Min. Max.
V
B
A
O
ff
ic
er
1 1.1
$49,231
$52,261
1.1.1 $49,231
1.1.2 $50,239
1.1.3 $51,250
1.1.4 $52,261
2
2.1
$53,946
$61,612
2.1.1 $53,946
2.1.2 $55,042
2.1.3 $56,136
2.1.4 $57,234
2.1.5 $58,325
2.1.6 $59,423
2.1.7 $60,517
2.1.8 $61,612
2.2
$62,705
$69,276
2.2.1 $62,705
2.2.2 $63,801
2.2.3 $64,895
2.2.4 $65,992
2.2.5 $67,084
2.2.6 $68,182
2.2.7 $69,276
3
3.1
$70,791
$78,375
3.1.1 $70,791
3.1.2 $72,309
3.1.3 $73,826
3.1.4 $75,342
3.1.5 $76,856
3.1.6 $78,375
3.2
$79,889
$85,956
3.2.1 $79,889
3.2.2 $81,408
3.2.3 $82,924
3.2.4 $84,437
3.2.5 $85,956
4 4.1
$87,640
$99,438
4.1.1 $87,640
4.1.2 $89,608
4.1.3 $91,574
4.1.4 $93,536
4.1.5 $95,506
4.1.6 $97,471
4.1.7 $99,438
Se
ni
or
O
ff
ic
er
5
5.1 $101,120 $111,734 $3,031
5.2 $111,736 $122,348
6
6.1 $124,033 $145,009 $3,827
6.2 $145,010 $165,983
Se
ni
or
Te
ch
ni
ca
l
Sp
ec
ia
lis
t
7
7.1 $168,470 $188,684
$6,287 7.2 $188,688 $208,904
7.3 $208,904 $229,121
Victorian Building Authority Enterprise Agreement 2020
117
OFFICIAL
Effective 1 September 2021
Grade Value
Range
Salary Ranges
Progression amounts
Min. Max.
V
B
A
O
ff
ic
er
1 1.1
$49,969
$53,045
1.1.1 $49,969
1.1.2 $50,993
1.1.3 $52,019
1.1.4 $53,045
2
2.1
$54,755
$62,536
2.1.1 $54,755
2.1.2 $55,868
2.1.3 $56,978
2.1.4 $58,093
2.1.5 $59,200
2.1.6 $60,314
2.1.7 $61,425
2.1.8 $62,536
2.2
$63,646
$70,315
2.2.1 $63,646
2.2.2 $64,758
2.2.3 $65,868
2.2.4 $66,982
2.2.5 $68,090
2.2.6 $69,205
2.2.7 $70,315
3
3.1
$71,853
$79,551
3.1.1 $71,853
3.1.2 $73,394
3.1.3 $74,933
3.1.4 $76,472
3.1.5 $78,009
3.1.6 $79,551
3.2
$81,087
$87,245
3.2.1 $81,087
3.2.2 $82,629
3.2.3 $84,168
3.2.4 $85,704
3.2.5 $87,245
4 4.1
$88,955
$100,930
4.1.1 $88,955
4.1.2 $90,952
4.1.3 $92,948
4.1.4 $94,939
4.1.5 $96,939
4.1.6 $98,933
4.1.7 $100,930
Se
ni
or
O
ff
ic
er
5
5.1 $102,637 $113,410 $3,076
5.2 $113,412 $124,183
6
6.1 $125,893 $147,184 $3,884
6.2 $147,185 $168,473
Se
ni
or
Te
ch
ni
ca
l
Sp
ec
ia
lis
t
7
7.1 $170,997 $191,514
$6,381 7.2 $191,518 $212,038
7.3 $212,038 $232,558
Victorian Building Authority Enterprise Agreement 2020
118
OFFICIAL
Effective 1 June 2022
Grade Value
Range
Salary Ranges
Progression amounts
Min. Max.
V
B
A
O
ff
ic
er
1 1.1
$50,594
$53,708
1.1.1 $50,594
1.1.2 $51,630
1.1.3 $52,669
1.1.4 $53,708
2
2.1
$55,439
$63,318
2.1.2 $56,566
2.1.3 $57,690
2.1.4 $58,819
2.1.5 $59,940
2.1.6 $61,068
2.1.7 $62,193
2.1.8 $63,318
2.1.2 $56,566
2.2
$64,442
$71,194
2.2.1 $64,442
2.2.2 $65,567
2.2.3 $66,691
2.2.4 $67,819
2.2.5 $68,941
2.2.6 $70,070
2.2.7 $71,194
3
3.1
$72,751
$80,545
3.1.1 $72,751
3.1.2 $74,311
3.1.3 $75,870
3.1.4 $77,428
3.1.5 $78,984
3.1.6 $80,545
3.2
$82,101
$88,336
3.2.1 $82,101
3.2.2 $83,662
3.2.3 $85,220
3.2.4 $86,775
3.2.5 $88,336
4 4.1
$90,067
$102,192
4.1.1 $90,067
4.1.2 $92,089
4.1.3 $94,110
4.1.4 $96,126
4.1.5 $98,151
4.1.6 $100,170
4.1.7 $102,192
Se
ni
or
O
ff
ic
er
5
5.1 $103,920 $114,828 $3,114 5.2 $114,830 $125,735
6
6.1 $127,467 $149,024 $3,933 6.2 $149,025 $170,579
Se
ni
or
Te
ch
ni
ca
l
Sp
ec
ia
lis
t
7
7.1 $173,134 $193,908
$6,461 7.2 $193,912 $214,688
7.3 $214,688 $235,465
Victorian Building Authority Enterprise Agreement 2020
119
OFFICIAL
Effective 1 March 2023
Grade Value
Range
Salary Ranges
Progression amounts
Min. Max.
V
B
A
O
ff
ic
er
1 1.1
$51,353
$54,514
1.1.1 $51,353
1.1.2 $52,404
1.1.3 $53,459
1.1.4 $54,514
2
2.1
$56,271
$64,268
2.1.1 $56,271
2.1.2 $57,414
2.1.3 $58,555
2.1.4 $59,701
2.1.5 $60,839
2.1.6 $61,984
2.1.7 $63,126
2.1.8 $64,268
2.2
$65,409
$72,262
2.2.1 $65,409
2.2.2 $66,551
2.2.3 $67,691
2.2.4 $68,836
2.2.5 $69,975
2.2.6 $71,121
2.2.7 $72,262
3
3.1
$73,842
$81,753
3.1.1 $73,842
3.1.2 $75,426
3.1.3 $77,008
3.1.4 $78,589
3.1.5 $80,169
3.1.6 $81,753
3.2
$83,333
$89,661
3.2.1 $83,333
3.2.2 $84,917
3.2.3 $86,498
3.2.4 $88,077
3.2.5 $89,661
4 4.1
$91,418
$103,725
4.1.1 $91,418
4.1.2 $93,470
4.1.3 $95,522
4.1.4 $97,568
4.1.5 $99,623
4.1.6 $101,673
4.1.7 $103,725
Se
ni
or
O
ff
ic
er
5
5.1 $105,479 $116,550 $3,161 5.2 $116,552 $127,621
6
6.1 $129,379 $151,259 $3,992 6.2 $151,260 $173,138
Se
ni
or
Te
ch
ni
ca
l
Sp
ec
ia
lis
t
7
7.1 $175,731 $196,817
$6,558 7.2 $196,821 $217,908
7.3 $217,908 $238,997
Victorian Building Authority Enterprise Agreement 2020
120
OFFICIAL
Effective 1 December 2023
Grade Value
Range
Salary Ranges
Progression amounts
Min. Max.
V
B
A
O
ff
ic
er
1 1.1
$51,867
$55,059
1.1.1 $51,867
1.1.2 $52,928
1.1.3 $53,994
1.1.4 $55,059
2
2.1
$56,834
$64,911
2.1.1 $56,834
2.1.2 $57,988
2.1.3 $59,141
2.1.4 $60,298
2.1.5 $61,447
2.1.6 $62,604
2.1.7 $63,757
2.1.8 $64,911
2.2
$66,063
$72,985
2.2.1 $66,063
2.2.2 $67,217
2.2.3 $68,368
2.2.4 $69,524
2.2.5 $70,675
2.2.6 $71,832
2.2.7 $72,985
3
3.1
$74,580
$82,571
3.1.1 $74,580
3.1.2 $76,180
3.1.3 $77,778
3.1.4 $79,375
3.1.5 $80,971
3.1.6 $82,571
3.2
$84,166
$90,558
3.2.1 $84,166
3.2.2 $85,766
3.2.3 $87,363
3.2.4 $88,958
3.2.5 $90,558
4 4.1
$92,332
$104,762
4.1.1 $92,332
4.1.2 $94,405
4.1.3 $96,477
4.1.4 $98,544
4.1.5 $100,619
4.1.6 $102,690
4.1.7 $104,762
Se
ni
or
O
ff
ic
er
5
5.1 $106,534 $117,716 $3,193
5.2 $117,718 $128,897
6
6.1 $130,673 $152,772 $4,032 6.2 $152,773 $174,869
Se
ni
or
Te
ch
ni
ca
l
Sp
ec
ia
lis
t
7
7.1 $177,488 $198,785
$6,624 7.2 $198,789 $220,087
7.3 $220,087 $241,387
Victorian Building Authority Enterprise Agreement 2020
121
OFFICIAL
Classification Descriptors
VBA Non-Executive Career Structure Classification and Value Range Standard Descriptors
Table 1.1: VBA Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1 Grade 2 Grade 3 Grade 4
Grade 1
For employees
participating in
formal trainee,
cadetship, or similar
entry level
employment program
Value Range VR1 VR2 VR1 VR2
Decision Making 1.1A 2.1A 2.2A 3.1A 3.2A 4.1A
Accountability and
Frameworks
Undertakes specific
and defined tasks
within established
rules under close
supervision, defined
as:
• clear and detailed
instructions are
provided; tasks are
covered by
standard
procedures;
• deviation from
procedures or
unfamiliar
situations are
referred to higher
levels; and
• work is regularly
checked
Influences own daily
work priorities and
Applies rules,
processes and
standards under
general supervision
Plans and prioritises
own work program
to achieve defined
targets
Changes own work
program, which may
impact on the
operations of the
work area
Selects from a range of
accepted options
established by rules,
processes, and
standards
Makes decisions that
may have significant
impact on clients
Team leadership may
be exercised where
appropriate to the role
Exercises professional
judgement about the
application of rules, or
the selection of choices
within guidelines
Resolves local
operational service
delivery problems
within guidelines
Reviews decisions,
assessments and
recommendations from
less experienced team
members
Determines the work
organisation of the
work area
Sets local precedents
regarding the
application of
guidelines
Provides guidance for
others in the work area
and/ or related areas
Develops guidelines within
the work area
Resolves operational service
delivery problems
consistent with program
objectives
Interprets and applies
business plans and policies
to own area of responsibility
Advice and analysis
contributes to policy
formulation
Schedule C
Victorian Building Authority Enterprise Agreement 2020
122
OFFICIAL
Table 1.1: VBA Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1 Grade 2 Grade 3 Grade 4
Grade 1
For employees
participating in
formal trainee,
cadetship, or similar
entry level
employment program
Value Range VR1 VR2 VR1 VR2
schedules under
direction of supervisor
Accountable for
accuracy and
timeliness of outputs
Analysis and advice
contributes to decision
making by others
Manages budget and
resources for the work
area
Innovation and
Originality
The focus is on
maintaining existing
systems and processes
Identifies opportunities
to improve own
efficiency and suggests
these to supervisor
Judgement is
required to solve
problems arising in
own work program
Takes initiative to
recommend
improved processes
in immediate work
area
Creatively deals with
problems within the
work area
Initiates improvements
to procedures within
the work area
Assesses and responds
to policy and process
changes in the work
area
Identifies and applies
developments within
professional field to
problem solving within
the work area
Innovative thinking is an
inherent feature of the job
Defines the appropriate
methodology in the analysis
of policy or research options
Communication 1.1B 2.1B 2.2B 3.1B 3.2B 4.1B
Provides and receives
routine information
Communication is
mainly focused on
routine issues that may
require an
understanding of the
operational context
Explains rules,
procedures and
operational policies
to individual clients
or colleagues
Presents routine
information to small
groups and provides
Conducts formal
community information
sessions and
consultative process
involving small groups
or participates in a
similar process in
larger groups
May lead a team
through activities
including individual
and team performance
management and
development
Explains concepts and
policies to clients,
stakeholders and staff
Plan, lead and facilitate
consultative processes
in a range of settings
involving more
difficult or sensitive
issues
Prepares complex
operational reports
Conveys specialist concepts
and policies to clients, staff
and stakeholders
Prepares reports, briefs and
correspondence on complex
issues that impact at
program or organisational
level
Victorian Building Authority Enterprise Agreement 2020
123
OFFICIAL
Table 1.1: VBA Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1 Grade 2 Grade 3 Grade 4
Grade 1
For employees
participating in
formal trainee,
cadetship, or similar
entry level
employment program
Value Range VR1 VR2 VR1 VR2
feedback to
organisation
Draft routine internal
reports and
correspondence
Liaises with
stakeholders, clients
and external
providers of goods
and services
Suggests alternative
approaches to clients
or stakeholders
Understands
procedures for
effectively dealing
with people
exhibiting
challenging
behaviours
Uses persuasion skills
in dealing with an
individual client,
colleague, service
provider or the like
Plans, leads and
facilitates information
sessions and
consultative processes
in a range of settings
Prepares briefs on
sensitive issues for
consideration of others
Draft public
communication
documents
Communicates issues
and advocates a
preferred case or option
to stakeholders
Communicate
professional/ technical
concepts and advice
Provides
communication
guidance to less
experienced colleagues
Uses persuasion,
advocacy, negotiation
and motivation skills
with clients, providers,
requiring in-depth
factual analysis
Develops and implements
operational communication
and consultation strategies
on specific projects
Applies negotiation
persuasion and motivation
skills to manage staff and
stakeholders
Victorian Building Authority Enterprise Agreement 2020
124
OFFICIAL
Table 1.1: VBA Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1 Grade 2 Grade 3 Grade 4
Grade 1
For employees
participating in
formal trainee,
cadetship, or similar
entry level
employment program
Value Range VR1 VR2 VR1 VR2
staff, peers and
managers
Knowledge and
Proficiency
1.1C 2.1C 2.2C 3.1C 3.2C 4.1C
Focus is on learning,
developing and
refining work skills
Requires knowledge of
equipment and tools to
perform routine tasks,
experiments and
procedures, and
develops practical
application of these
skills
Requires
understanding of
general office work
routines and
procedures
Acquire and apply
proficiency in standard
office equipment and
computer applications
Understands and
applies theoretical
principles, under
supervision, to
achieve defined
outcomes
Develops knowledge
of established
techniques and
organisational
processes
Proficient in use of
software or technical
equipment
Knowledge of
legislation,
regulations, policies
and processes
relevant and specific
to the role
Uses theoretical
knowledge under
supervision to achieve
defined outcomes in a
variety of work
situations
Local reference point
in operational
processes and
procedures
Uses theoretical
knowledge to achieve
agreed outcomes in
moderately complex
work situations
Authoritative in
application of
processes and policy
relevant to the work
unit
Knowledge of relevant
legislation, regulations,
policies and processes
Adapts theoretical
knowledge based on
practical experience
and/or understanding of
current issues in the
field
Applies understanding
of interrelationships
between stakeholders
and/or other work units
to achieve local
objectives
Researches and applies
advanced theoretical
knowledge in a specialised
field to operational problem
solving
Applies sound theoretical
and practical expertise in
development of policy
options
Authoritative in application
of processes
Policy and Projects 1.1D 2.1D 2.2D 3.1D 3.2D 4.1D
Victorian Building Authority Enterprise Agreement 2020
125
OFFICIAL
Table 1.1: VBA Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1 Grade 2 Grade 3 Grade 4
Grade 1
For employees
participating in
formal trainee,
cadetship, or similar
entry level
employment program
Value Range VR1 VR2 VR1 VR2
Provides
administrative support
to policy and projects,
consistent with the
support elements
described in 1.1B
Drafts minutes and
action plans for
consideration by
others
Collects data,
undertakes basic
analysis and prepares
simple reports
Undertakes research
specified by others,
including data analysis
Administers routine
projects under direction
or coordinates project
steps
Contributes to
operational service
delivery policy
development
Researches issues and
prepares draft reports
and briefings within a
project plan or policy
framework set by
others
Conducts projects of
defined scope under
direction
Obtains, summarises
and reports on
stakeholder views
Plans and conducts
several narrowly
scoped projects
simultaneously
Conducts aspects of
more complex projects
under direction
Contributes to planning
on large projects
Researches and develops
recommendations in a
specific field of expertise
Develops and implements
operational policy which
impacts the immediate work
area
Contributes to strategic
policy development within a
specific field of expertise
Manages projects, usually
under limited direction
Contributes expertise to a
team working on complex
projects
Prepares project scopes and
briefs within broad
parameters
Manages multi-disciplinary
project teams
Administrative and
Corporate Support
1.1E 2.1E 2.2E 3.1E 3.2E 4.1E
Victorian Building Authority Enterprise Agreement 2020
126
OFFICIAL
Table 1.1: VBA Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1 Grade 2 Grade 3 Grade 4
Grade 1
For employees
participating in
formal trainee,
cadetship, or similar
entry level
employment program
Value Range VR1 VR2 VR1 VR2
Performs routine
administrative tasks,
including general
telephone, counter and
front office enquiries,
mail deliveries,
assisting with stock
control, supporting
organisation of
meetings, receiving
and initial processing
of standard paperwork
Provides office
support through
activities such as
using and
maintaining standard
office equipment and
software
Drafts routine
correspondence and
minutes
Organises routine
meetings and small
functions
Undertakes standard
processing work
such as data entry,
purchasing,
payments and reports
using office
databases
Performs telephone
and counter duties
consistent with 2.1B
Responsible for office
support services and
systems for a work unit
Documents meeting
outcomes in more
complex situations
Provides support to
contract administration
Demonstrates problem
solving in processing
work
Create and maintains
local databases or
reporting systems
utilising standard
software
Analyse standard
reports and data to
identify exceptions
May lead a corporate
support team
Manages team
performance through
activities such as
monitoring and
reporting
Maintains corporate
databases and
completes analysis
Monitors and
administers straight
forward, local contracts
and service agreements
within a well-defined
service delivery
framework
Prepares and analyses
reports from corporate
databases to support
decision making in the
broader work area
Develops local
databases or reporting
systems
Negotiate straight
forward, local contracts
and service agreements
Leads a larger or complex
corporate support work unit
Provides specialist
administrative and corporate
support expertise
Negotiates and manages
straight forward, corporate
contracts and service
agreements
Drafts reports and
recommendations by
interpreting and analysing
data
Operational
Service Delivery
1.1F 2.1F 2.2F 3.1F 3.2F 4.1F
Victorian Building Authority Enterprise Agreement 2020
127
OFFICIAL
Table 1.1: VBA Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1 Grade 2 Grade 3 Grade 4
Grade 1
For employees
participating in
formal trainee,
cadetship, or similar
entry level
employment program
Value Range VR1 VR2 VR1 VR2
Provides routine
information, such as
standard information
and explanations, to
clients and members of
the public
Receives payment for
routine services such
as the sale of
publications and
individual licence fees
Performs routine
service delivery
functions for clients
such as, driving, food
preparation, cleaning,
gardening, assisting
qualified trade persons
and minor
maintenance
Operates and
maintains tools and
equipment appropriate
to the function and
level of qualification
Provides standard
services under
general supervision
and within a defined
service delivery
framework
Delivers information
services to the
general public or
clients, including
initial advice and
referral
Consistent with the
development of
knowledge specified
at 2.1C, participates
in routine
investigations under
direction and
provides evidence if
required
Reconciles, banks
monies and manages
petty cash
Assesses client needs
and implements
appropriate service
delivery from a range
of accepted options
Identifies where
limited precedents
apply and may
recommend action to
be taken
Assists in preparing or
presenting cases in a
range of review
forums, tribunals and
courts
Supervises a service
delivery team
Assesses client needs
and delivers a range of
services in complex
situations investigates
and assesses actions by
individuals or
organisations against
legislation, rules,
regulations and service
agreements
Advocates issues
involving established
precedents before a
range of review
forums, tribunals and
courts
Participates in the
development of
strategies to represent
the organisation or
clients, involving
complex and
challenging problems
Reviews client
assessments and
associated service
delivery plans
Advocates more
complex cases to
represent the
organisation or clients
before a range of
review forums,
tribunals and courts
Recommends strategies
to represent the agency
and/or clients involving
complex and
challenging problems
Determines operational
service delivery plans based
on accepted standards
Recommends resource
allocation to immediate
manager in order to meet
service delivery priorities
Manages operational work
teams
Undertakes advanced case
management, which may
include cross agency
collaboration
Undertakes complex or
technical investigations and
makes recommendations for
action
Technical/Specialist 1.1G 2.1G 2.2G 3.1G 3.2G 4.1G
Victorian Building Authority Enterprise Agreement 2020
128
OFFICIAL
Table 1.1: VBA Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1 Grade 2 Grade 3 Grade 4
Grade 1
For employees
participating in
formal trainee,
cadetship, or similar
entry level
employment program
Value Range VR1 VR2 VR1 VR2
Assists technicians,
scientists and
specialists in tasks that
are straightforward and
use established
techniques and work
practices
Operates and
maintains technical or
scientific equipment
appropriate to the
function and level of
qualification
This level performs
routine technical
support functions such
as setting up a
laboratory, cleaning
equipment, and
supporting field work
Conducts routine
scientific, technical
or specialist
procedures and data
collection, collation
and analysis
Diagnoses and
corrects faults and
problems with
technical equipment
Contributes to
scientific or technical
project planning
Modifies routine
scientific, technical or
specialist procedures to
a limited specification
Exercises discretion in
use of equipment and
actions to achieve
results within
specifications
Conducts small to
medium scientific,
technical or specialist
projects defined by
others
Undertakes technical
data analysis in field of
expertise
Conducts field or desk-
top studies as part of a
team
Assembles non-
standard technical
systems or equipment
to a specification
Leads a small
scientific, technical or
specialist team
Plan small to medium
scientific, technical or
specialist projects
May control a
laboratory function or
field operation where a
range of related
technical functions are
performed
Prepares complex
reports requiring in-
depth factual analysis
Manages a scientific,
technical or specialist team
and/or projects
Independently performs
professional or technical
work at an advanced level in
a narrow field of expertise
or on research projects
Provides professional
scientific, technical or
specialist advice based on
field of expertise
Undertakes technical data
analysis and modelling and
prepares reports
Victorian Building Authority Enterprise Agreement 2020
129
OFFICIAL
Table 1.2: VBA Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Grade 5 Grade 6
Value Range VR 1 VR 2 VR 1 VR 2
Decision Making 5.1A 5.2A 6.1A 6.2A
Rules, Guidelines, and
Frameworks
Decisions often impact upon staff,
peers and clients outside the
immediate work area
Makes decisions in situations
where there is some, but not
definitive, precedent about the
application of an organisational
framework
Advice and analysis influences
policy development
Contributes to strategic business
planning
Interprets and applies business
plans and policies in own area of
responsibility and provides advice
to others on implementation issues
Accountable for work organisation,
the allocation of resources within
and the outputs required of the
work area
Decisions may set precedents for
peers
Develops business plans to deliver
on evolving organisational
priorities
Develops policy frameworks
within area of expertise or
responsibility based on defined
organisational priorities
Participates in strategic planning
and contributes to strategic
decision making process
Accountable for achievement of
established corporate objectives
including the formulation and
implementation of local business
plans
Develops policies, programs
and initiatives that impact on
programs or major
functional areas
Required to interpret general
policy framework to make
decisions in the absence of
definitive operational
policies
Innovation and Originality Innovative thinking and analysis
influences developments within
area of responsibility
Solutions and thinking may
advance organisational innovation
or occupational/professional
knowledge
Creatively develops options in a
changing organisational
environment
Identifies and responds to new and
emerging strategic issues
impacting on the operating
environment
Contributes advanced
expertise and knowledge to
strategic planning and
decision making processes
Victorian Building Authority Enterprise Agreement 2020
130
OFFICIAL
Table 1.2: VBA Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Grade 5 Grade 6
Value Range VR 1 VR 2 VR 1 VR 2
Communication 5.1B 5.2B 6.1B 6.2B
Initiates and maintains
relationships with peer and senior
internal and external stakeholders
Focuses on understanding
stakeholder issues
Negotiates with stakeholders and
peers with the object of gaining co-
operation and meeting timelines for
delivery of project, service or
advice
Prepares technical reports at an
advanced professional level
Relies on formal and informal
communication channels to
achieve goals and engages
stakeholders to help them identify
areas and opportunities for
improvement
Initiates and maintains effective
relationships with internal and
external stakeholders at peer or
senior levels
Manages consultation processes
including engagement with key
stakeholders.
Negotiates with stakeholders,
peers, industry bodies and other
government agencies with the
objective of gaining co-operation,
influencing views and meeting
timelines for delivery of project,
service or advice
Is influential in negotiations with
external suppliers of major services
Purpose of communication may be
to resolve complex issues through
a process of consultation and
negotiation
Prepares technical reports at an
authoritative level
Develops briefs on highly complex
issues that provide options for
decision within an organisation
Initiates and manages negotiations
with peers (internal and external to
work unit) to gain commitment to
projects, and delivery of activities
to meet timelines
Provides and receives highly
complex, contentious or sensitive
information where high levels of
negotiation, communication and
interpersonal skills are required
Explains highly complex concepts,
ideas and issues to an executive
(i.e. non-expert) audience
Represents own work area with
external stakeholders, and
effectively manages feedback
Is required to use formal and
informal channels to
influence organisation or
program management to
achieve goals
Influences stakeholders
holding competing priorities
and views
Briefs high level
stakeholders in own area of
expertise in a variety of
forums
Operates with loosely
defined hierarchies of
decision-making
Negotiates to resolve
differences to achieve
agreement to
project/program
May be required to negotiate
on the spot, often on the
basis of limited information
Victorian Building Authority Enterprise Agreement 2020
131
OFFICIAL
Table 1.2: VBA Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Grade 5 Grade 6
Value Range VR 1 VR 2 VR 1 VR 2
Confidently represents the agency
with external peers and negotiate
within parameters agreed with
immediate manager
Focuses on understanding
stakeholder issues and influencing
their views
Provides authoritative expert advice
on complex issues within own area
Policy and Projects 5.1C 5.2C 6.1C 6.2C
Formulates policy options and
advice
Develops project briefs consistent
with business plan direction
Manages and leads projects
Develops briefs on highly complex
issues that provide options for
discussion and consideration and
will contribute to the development
of a set of final options for decision
Advocates policy options
Manages and leads complex
projects
Responsible for operational policy
or service development impacting
on a major functional area
Responsible for implementation of
endorsed strategic policy within the
functional area
Routinely advises senior
stakeholders on policy issues and
solutions within a functional area
Responsible for operational
policy or service
development that has
significant impact across
functional areas
Responsible for
implementation of endorsed
strategic policy across
functional areas
Area of expertise and
responsibility is complicated
by the scale and difficulty of
the issues
Manages major projects for
the organisation
Provides policy advice to
government, senior levels of
the organisation and key
external stakeholders
Administrative and Corporate
Support
5.1D 5.2D 6.1D 6.2D
Victorian Building Authority Enterprise Agreement 2020
132
OFFICIAL
Table 1.2: VBA Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Grade 5 Grade 6
Value Range VR 1 VR 2 VR 1 VR 2
Manages a discrete function with
limited budget or staff
responsibilities
Provides high level expertise
dealing with more complex issues
in a specialised corporate support
function
Manages a discrete function with
increased budget, staff
responsibilities, or sensitive or
complex issues
Provides professional leadership in
a specialised corporate support
function
Manages an area with significant
budget, staff responsibilities or
strategic importance
Contributes to strategic corporate
initiatives and is responsible for
implementation
Provides leadership and
guidance based on advanced
expertise
Manages a range of strategic
corporate functions, each
with significant budget, staff
responsibilities or strategic
importance
Leads strategic corporate
initiatives
Operational Service Delivery 5.1E 5.2E 6.1E 6.2E
Manages cross-functional delivery
within a defined service
Develops service plans and
delivery standards for the area of
responsibility
Determines service delivery
resource allocation
Provides specialist professional
services or advice
Manages cross-functional delivery
of a defined service with increased
budget, staff responsibilities, or
sensitive or complex issues
Provides specialist professional
services or advice, including
leadership and guidance to other
specialists in the field
Manages a large scale
organisational service or regional
delivery function
Develops service delivery models
within business plans and
objectives
Provides highly specialist services
or expert advice on service delivery
Provides leadership and
guidance based on advanced
expertise
Develops complex or
specialised service delivery
models
Responsible for meeting
service objectives, including
financial, quality and time
related targets for programs
or major projects
Technical Specialist 5.1F 5.2F 6.1F 6.2F
Specialist in an area of their
profession and relied on for advice
in this field
Undertakes complex independent
scientific, technical or specialist
work and analysis
Initiates research and analysis
within an area of expertise
Provides leadership and guidance
to other specialists in the field
Contributes to the development of
standards relating to the sector,
program or profession
Subject matter expert that
conceptualises, initiates,
implements, promotes and
evaluates complex and innovative
technical programs
Routinely advises senior levels of
the organisation on policy issues
and solutions within a functional
Area of expertise and
responsibility is complicated
by the scale and difficulty of
the issues
Provides leadership and
guidance based on advanced
expertise
Victorian Building Authority Enterprise Agreement 2020
133
OFFICIAL
Table 1.2: VBA Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Grade 5 Grade 6
Value Range VR 1 VR 2 VR 1 VR 2
consistent with organisational
objectives
area
Develop technical or professional
standards for the organisation
Knowledge and Proficiency 5.1G 5.2G 6.1G 6.2G
Uses specialist knowledge within a
confined field to challenge policies
and professional concepts. Applies
complex concepts to policy
development or research
Provides leadership in the
adaptation and application of
concepts to operational matters
within local work area
Models high level leadership
attributes
Modifies and applies concepts to
new situations that may impact
beyond the immediate work area
Provides leadership in the
application of concepts to policy
development
Uses knowledge of structures,
processes and culture of
government, the sector and the
Department to develop policies and
new program or project initiatives
Applies complex concepts drawn
from non-related fields to address
policy issues
High level expertise in the field or
discipline
Proficiency and expertise
has a significant impact on
the capability to deliver the
policy agenda, program or
project initiatives
High level expertise in the
program area
High level expertise in a
field or discipline that is
critical to the program or
organisation
Victorian Building Authority Enterprise Agreement 2020
134
OFFICIAL
Table 1.3: VBA Grade Descriptors and Value Range Standard Descriptors - Senior Technical Specialist
Value Range VR 1 VR 2 VR 3
7.1A 7.2A 7.3A
Leads highly specialised professional
research, Provides professional leadership in a
major program or field of research
Manages a significant professional research
institute or function with significant resource
management responsibilities
Provide state-wide expertise within a specific
field of endeavour critical to the agency’s
overall program
Responsible for quality professional outcomes
of work
Understands the implications of the work and
its impact on/contribution to Departmental or
Government policy
Provides professional leadership and
development of staff in area of professional
expertise
Influences departmental policy direction and
may develop or change policy as a result of
specialised work or research.
Responsible for the quality professional
outcomes of major projects
Departmental and Statewide reputation is
associated with positions at this level
This value range is characterised by work
consistent with that expressed in Value range
1 with broader scope, complexity and impact
Provides authoritative advice and leadership in
area of expertise
Manages a professional discipline that impacts
on department wide operations and provides
high level professional advice to programs
across the agency
Manages substantial resources primarily
associated with projects of significance to the
Department/Government or within the field of
expertise
Provides professional leadership and
development of staff in area of professional
expertise including leading and inspiring teams
of fellow professionals
Regarded as having the highest level of
expertise within the Agency and is recognised
nationally and internationally in narrower
fields
Expertise is of primary importance to the
Department/Government
Considerable resource management
responsibility primarily associated with
projects of primary importance to the
Department/Government or within the field of
scientific or professional expertise
Manages capital management projects in the
order of multi-million dollar, cross portfolio or
major agency projects
Decision Making 7.1B
Accountability and
Frameworks
Limited frameworks, precedents and
guidelines beyond broad Government policy
and professional discipline standards
Generates strategic directions and programs
for the agency or the sector
Develops strategic frameworks for research or
industry development
Victorian Building Authority Enterprise Agreement 2020
135
OFFICIAL
Table 1.3: VBA Grade Descriptors and Value Range Standard Descriptors - Senior Technical Specialist
Value Range VR 1 VR 2 VR 3
Typically operates in an environment with a
high degree of sensitivity or risk associated
with the particular industry sector, field or
professional endeavour
Outcomes directly affect external perceptions
of the Department by Government and the
community
Influences the national and international
debate in the profession/ field of expertise
Innovation and Originality 7.1C
Recognised nationally as a specialist in a
particular field and applies this knowledge to
achieve highly creative and/or innovative
solutions to major challenges/ major projects
Identifies and responds to new and emerging
issues in the field and their longer term
implications for the State
Communication 7.1D 7.2D 7.3D
Interacts with executives/ professional staff
within the organisation and with other experts
in the field/profession
Communicates at highest managerial levels
and with Ministers
Communicates externally across industry. Can
be at national and international levels
Informs stakeholders of matters arising from
‘professional/expert’ role. As an expert,
communication will rarely be questioned
Close interaction with other professionals in
the field
Direct contact with senior political,
Develops and utilises national and
international communication networks to
ensure appropriate development and
application of research or project initiatives in
accordance with government priorities
Negotiates elements of million dollar projects
or the involvement or contribution of senior
public or private sector leaders
Initiates and negotiates joint research
programs with universities and other agencies
Negotiates all aspects of multi-million dollar
projects to ensure they are on-budget and on-
time
Victorian Building Authority Enterprise Agreement 2020
136
OFFICIAL
Table 1.3: VBA Grade Descriptors and Value Range Standard Descriptors - Senior Technical Specialist
Value Range VR 1 VR 2 VR 3
commercial, community or sector stakeholders
Provides expert information and advice on
professional field of interest/major project/s
Develops and utilises communication
networks to ensure appropriate development
and application of research or project
initiatives in accordance with government
priorities
Knowledge and Proficiency 7.1E
Requires significant experience in the
field/area of expertise
Authoritative specialist/expert in the field
Enhances the standing of the agency and its
reputation for excellence
Writes, publishes and presents research,
arguments and cases to peers, stakeholders
and senior management
Demonstrates strategic management skills
Combines significant achievement with a
substantial body of demonstrated effectiveness
and professional experience
137
OFFICIAL
Supported Wage System
Supported Wage System
This schedule deals with the calculation of minimum rates of pay which will apply to
Employees who, because of the effects of a disability, are eligible for a supported wage
under the terms of this Agreement. In the context of this clause, the following
definitions will apply:
(a) Supported wage system means the commonwealth government system to
promote employment for people who cannot work at full award wages
because of a disability, as documented in the Supported Wage System (SWS)
Handbook.
(b) Accredited assessor means a person accredited by the management unit
established by the commonwealth under the supported wage system to
perform assessments of an individual's productive capacity within the
supported wage system.
(c) Disability support pension means the commonwealth pension scheme to
provide income security for persons with a disability as provided under the
Social Security Act 1991(Cth) or any successor to that scheme.
(d) Assessment instrument means the form provided for under the supported
wage system that records the assessment of the productive capacity of the
person to be employed under the supported wage system.
(e) SWS wage assessment agreement means the document in the form required
by the Department of Social Services that records the employee’s productive
capacity and agreed wage rate.
Eligibility criteria
(a) Employees covered by this clause will be those who are unable to perform
the range of duties to the competence level required within the class of work
for which the employee is engaged under this Agreement, because of the
effects of a disability on their productive capacity and who meet the
impairment criteria for receipt of a disability support pension.
(b) This clause does not apply to any existing employee who has a claim against
the employer which is subject to the provisions of accident compensation
legislation or any provision of this Agreement relating to the rehabilitation of
employees who are injured in the course of their employment.
(c) This clause does not apply to employers in respect of their facility,
programme, undertaking, service or the like which receives funding under the
Disability Services Act 1986 (Cth) and fulfils the dual role of service provider
and sheltered employer to people with disabilities who are in receipt of or are
eligible for a disability support pension, except with respect to an organisation
1.1
1.2
Schedule D
1.
138
OFFICIAL
which has received recognition under s.10 or under s.12a of the Disability
Services Act 1986 (Cth), or if a part only has received recognition, that part.
Supported wage rates
(a) Supported wage rates must be calculated as a percentage of the minimum rate
of pay prescribed by this Agreement for the class of work the person is
performing according to the following table:
Assessed capacity Percentage of prescribed
agreement rate
10%* 10%
20% 20%
30% 30%
40% 40%
50% 50%
60% 60%
70% 70%
80% 80%
90% 90%
(b) Provided that the minimum amount payable to an Employee is not less than
$89.00 per week effective 1 July 2020. This rate will be adjusted by the
movement in the Special national minimum wage 2 as determined by the
annual National minimum Wage Order.
(c) * Where a person’s assessed capacity is 10 per cent, they shall receive a high
degree of assistance and support.
Assessment of capacity
(a) For the purpose of establishing the applicable percentage of the Agreement
rate to be paid to an Employee under this Agreement, the productive capacity
of the Employee will be assessed in accordance with the supported wage by
an approved assessor, having consulted with the Employer and Employee,
and if the Employee so desires, a union which the Employee is eligible to
join.
(b) All assessments made under this schedule must be documented in a SWS
wage assessment agreement, and retained by the Employer as a time and
wages record in accordance with the Act.
Lodgement of assessment instrument
(a) All SWS wage assessment agreements under this Schedule, including the
applicable percentage of the Agreement Salary to be paid to the Employee,
must be lodged by the Employer with FWC.
(b) All SWS wage assessment agreements must be agreed and signed by the
parties to the assessment.
1.3
1.4
1.5
139
OFFICIAL
Review of assessment
The assessment of the applicable percentage should be subject to annual review or
more frequent review on the basis of a reasonable request for such a review. The
process of review shall be in accordance with the procedures for assessing capacity
under the supported wage system.
Other terms and conditions of employment
Where an assessment has been made, the applicable percentage shall apply to the
salary rate only. Employees covered by the provisions of the clause will be entitled to
the same terms and conditions of employment as all other Employees covered by this
Agreement paid on a pro rata basis.
Workplace adjustment
The Employer wishes to employ a person under the provisions of this clause they must
take reasonable steps to make changes in the workplace to enhance the Employee's
capacity to do the job. Changes may involve re-design of job duties, working time
arrangements and work organisation in consultation with other employees in the area.
Trial period
(a) In order for an adequate assessment of the employee's capacity to be made,
the Employer may employ a person under the provisions of this clause for a
trial period not exceeding twelve weeks, except that in some cases additional
work adjustment time (not exceeding four weeks) may be needed.
(b) During that trial period the assessment of the employee’s capacity shall be
undertaken and the proposed salary rate for a continuing employment
relationship shall be determined.
(c) The minimum amount payable to the employee during the trial period shall
be no less than $89 per week effective 1 July 2019. The rate will be adjusted
by the movement in the Special national minimum wage 2 as determined by
the annual National Minimum Wage Order.
(d) Work trials should include induction or training as appropriate to the job
being trialled.
(e) Where the Employer and Employee wish to establish a continuing
employment relationship following the completion of the trial period, a
further contract of employment shall be entered into based on the outcome of
assessment under clause 1.4 hereof.
1.6
1.7
1.8
1.9
Karen Wild
Signatories
SIGNED for and on behalf of the VICTORIAN BUILDING AUTHORITY by its authorised
representatives:
Ir DocuSigned by:
~::09!~1:t
Signature:
SUE EDDY (or representative)
Chief Executive Officer, Victorian Building Authority
733 Bourke Street, Docklands VIC 3008
r;z:db~k.(
L 76199EF8F94442E ...
Witness Signature:
Name of witness:
SIGNED for and on behalf of CPSU, THE COMMUNITY AND PUBLIC SECTOR
UNION by authorised officer.
Signature:
WAYNE TOWNSEND
Branch Assistant Secretary,
CPSU/SPSF Victorian Branch
Level 4/128 Exhibition Street, Melbourne 3000
Witness Signature:
Name of witness:
JASON CLEELAND
140
Signatories SIGNED for and on behalf of the VICTORIAN BUILDING AUTHORITY by its authorised representatives: Signature: Witness Signature: SUE EDDY (or representative) Name of witness: Chief Executive Officer, Victorian Building Authority 733 Bourke Street, Docklands VIC 3008 SIGNED for and on behalf of CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION by authorised officer. WC Townsend Signature: Witness Signature: WAYNE TOWNSEND Name of witness: Branch Assistant Secretary, JASON CLEELAND CPSU/SPSF Victorian Branch Level 4/128 Exhibition Street, Melbourne 3000 140
DocuSigned by :: Sue Eddy 2040907129B244D
DocuSigned by :: 76199FF8
Undertaking Section 190
Victorian Building Authority Enterprise Agreement 2020‐2024 (AG2021/5826)
Written undertakings under section 190 of the Fair Work Act 2009
I, Karen Wild, Executive Director, People and Capability of the Victorian Building Authority,
give the following undertaking with respect to the Victorian Building Authority Agreement
2020 (“the Agreement”).
1. I have the authority given to me by the Victorian Building Authority to provide this
undertaking in relation to the application before the Fair Work Commission.
2. Undertaking for payment of salaries to Legal Officers
In the event that the VBA employs Legal Officers at Grades 1, 2, or 3 as defined in the
Victorian State Government Agencies Award 2015 (Award), the VBA will ensure that
they are engaged with terms and conditions better off overall than the Award, and that
they are remunerated at a salary increment level above the wages amount contained
within the Award.
3. This undertaking is provided on the basis of issues raised by the Fair Work Commission
in the application before the Fair Work Commission.
Signed by the Victorian Building Authority in accordance with section 190(5) of the Act
Signature:
Name: Karen Wild
Date: 9 July 2021
VICTORIAN
BUILDING
AUTHORITY
BUILDING CONFIDENCE
VBA VICTORIAN BUILDING AUTHORITY BUILDING CONFIDENCE
