Huon Valley Council Enterprise Agreement 2021

Fair Work
Act 2009
s.185—Enterprise agreement

Huon Valley Council
(AG2021/6984)

HUON VALLEY COUNCIL ENTERPRISE AGREEMENT 2021

Local government administration

COMMISSIONER WILSON MELBOURNE, 21 SEPTEMBER 2021

Application for approval of the Huon Valley Council Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the
Huon Valley Council Enterprise Agreement 2021 (the Agreement). The application was made
pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Huon Valley
Council. 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 Australian Municipal, Administrative, Clerical & Services 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.

[2021] FWCA 5888

DECISION
FairWork

Commission

AUSTRALIA FairWork Commission

[2021] FWCA 5888

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
28 September 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

AE513156 PR734109

W ORK FANYORK C MMISSION AUSTRALIA THE SEAL OF THE

[2021] FWCA 5888

Annexure A

IN THE FAIR WORK COMMISSION

FWC Matter No.:
AG2021/6984

Applicant:

Huon Valley Council

Section 185 - Application for approval of a single enterprise agreement

Undertaking- Section 190

I, David Spinks, Director Corporate Services, for Huon Valley Council give the following
undertakings with respect to the Huon Valley Council £nterprise Agreement 2021 ('the
Agreement"):

1. I have the authority given to me by Huon Valley Council to provide this undertaking
in relation to the application before the Fair Work Commission.

2. Clause 3 definition of 'shift worker' will be deleted and replaced with the following:

Shift worker, for the purposes of NES, is an employee:

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

b. Who is regularly rostered to work on Saturdays, Sundays and Public Holidays.

3. The timeframe, that is twelve (12) months, in Clause 6.6{b), (c) and {d) will be
deleted and replaced with six (6) months.

4. Clause 44.9(a)(vii) will be deleted and the following added as 44.9(b):

(b) On application to the FWC, it may be determined that the amount of
redundancy pay is reduced to a specified amount (which may be nil) that the
FWC considers appropriate, if Council:

(i) Obtains other acceptable employment and the Employee accepts the
position; or

(ii} Cannot pay the amount.

5. In Schedule 2: Junior and Trainee Rates,·% of Level 1 Band 1· will be deleted and
replaced with "Percentage•.

6. Clause 11 .1 (c), where the On Call allowance is set out, the table will be deleted and
replaced with the following:

First full pay period First full pay period First full pay period First full pay period
after 1 Julv 2021 after 1 Julv 2022 after 1 Julv 2023 after 1 Julv 2024

$267.78 $275.14 $282.71 $291.19

IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/6984 Applicant: Huon Valley Council Section 185 - Application for approval of a single enterprise agreement Undertaking-Section 190 1. David Spinks, Director Corporate Services, for Huon Valley Council give the following undertakings with respect to the Huon Valley Council Enterprise Agreement 2021 ("the Agreement"); 1. I have the authority given to me by Huon Valley Council to provide this undertaking in relation to the application before the Fair Work Commission, 2 Clause 3 definition of 'shift worker' will be deleted and replaced with the following: Shift worker, for the purposes of NES, is an employee: a. Who works a roster and who, over the roster cycle, may be rostered to work ordinary shifts on any of the seven days of the week; b. Who is regularly rostered to work on Saturdays, Sundays and Public Holidays. 3 The timeframe, that is twelve (12) months, in Clause 6.6(b), (c) and (d) will be deleted and replaced with six (6) months. 4. Clause 44.9(a)(vii) will be deleted and the following added as 44.9(b): (b) On application to the FWC, it may be determined that the amount of redundancy pay is reduced to a specified amount (which may be nil) that the FWC considers appropriate, if Council. (1) Obtains other acceptable employment and the Employee accepts the (il) position; or Cannot pay the amount. 5. In Schedule 2: Junior and Trainee Rates, "% of Level 1 Band 1" will be deleted and replaced with "Percentage", 6. Clause 11. 1(c), where the On Call allowance is set out, the table will be deleted and replaced with the following: First full pay period First full pay perlod First full pay period First full pay period after 1 July 2021 after 1 July 2022 after 1 July 2023 after 1 July 2024 $267.78 $275.14 $282,71 $291.19

[2021] FWCA 5888

7. We will add the following to Clause 8.3(b):

(i) This R0O should be taken as scheduled or at an agreed time that is mutually
beneficial to Council and the Employee.

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

Signature

Date

7. We will add the following to Clause 8.3(b): (1) This RDO should be taken as scheduled or at an agreed time that is mutually beneficial to Council and the Employee 5 These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature 14/9/2021 Date

HUON VALLEY COUNCIL

ENTERPRISE AGREEMENT 2021

HUON VALLEY
COUNCIL

VALLEY HUON VALLEY HUON COUNCIL COUNCIL

hewett
Stamp

Huon Valley Council Enterprise Agreement 2021 Page 1

TABLE OF CONTENTS

PART 1 – APPLICATION AND OPERATION OF THE AGREEMENT........................................................5

1 TITLE .....................................................................................................................................................5

2 PARTIES BOUND .................................................................................................................................5

3 DEFINITIONS ........................................................................................................................................5

4 OPERATION OF THE AGREEMENT ...................................................................................................8
4.1 Commencement of Agreement....................................................................................................8
4.2 Effect of Agreement .....................................................................................................................8
4.3 Relationship to National Employment Standards ........................................................................8
4.4 Access to this Agreement ............................................................................................................9
4.5 Future Agreements ......................................................................................................................9

5 NO EXTRA CLAIMS..............................................................................................................................9

PART 2 – EMPLOYMENT CONDITIONS .................................................................................................. 10

6 TERMS OF EMPLOYMENT ............................................................................................................... 10
6.1 Types of employment ............................................................................................................... 10
6.2 Full-time employment ............................................................................................................... 10
6.3 Part-time employment .............................................................................................................. 10
6.4 Temporary employment ............................................................................................................ 11
6.5 Casual employment .................................................................................................................. 11
6.6 Right to Request Casual Conversion ....................................................................................... 12
6.7 Trainees .................................................................................................................................... 14
6.8 Probationary employment ......................................................................................................... 14
6.9 Recruitment .............................................................................................................................. 14

7 INDIVIDUAL FLEXIBILITY AGREEMENT......................................................................................... 15

PART 3 – HOURS OF WORK AND OVERTIME....................................................................................... 17

8 HOURS OF WORK............................................................................................................................. 17
8.1 Ordinary hours of work ............................................................................................................. 17
8.2 Span of ordinary hours ............................................................................................................. 17
8.3 Rostered Day Off (RDO) system .............................................................................................. 17
8.4 Meal breaks .............................................................................................................................. 18
8.5 Flexibility Arrangements ........................................................................................................... 18
8.6 Individual Flexibility Arrangements – Short Term ..................................................................... 19

9 PENALTY RATES .............................................................................................................................. 19
9.1 Weekend Penalty/Public Holiday rates .................................................................................... 19
9.2 Penalty rates – Shiftworkers ..................................................................................................... 20

10 OVERTIME ......................................................................................................................................... 20
10.1 Reasonable Overtime ............................................................................................................... 20
10.2 Entitlement ................................................................................................................................ 20
10.3 Entitlement – Shiftworkers ........................................................................................................ 20
10.4 Reasonable Additional Hours ................................................................................................... 21

11 ON CALL AND STANDBY ................................................................................................................. 21
11.1 On Call ...................................................................................................................................... 21
11.2 Standby ..................................................................................................................................... 22

Huon Valley Council Enterprise Agreement 2021 Page 2

12 STARTING AND FINISHING PLACES OF WORK ........................................................................... 23

13 ROAD CLOSURES ............................................................................................................................ 24

14 CHRISTMAS SHUT DOWN ............................................................................................................... 25

PART 4 – CLASSIFICATIONS, REMUNERATION & ALLOWANCES .................................................... 26

15 CLASSIFICATION STRUCTURE ...................................................................................................... 26

16 REMUNERATION............................................................................................................................... 26
16.1 Remuneration ........................................................................................................................... 26
16.2 Salary/Wage Increases ............................................................................................................ 26
16.3 Superannuation ........................................................................................................................ 26

17 PAYMENT OF SALARIES ................................................................................................................. 26

18 OVERPAYMENT OF SALARIES ....................................................................................................... 27

19 SALARY SACRIFICE BY AN EMPLOYEE ....................................................................................... 27

20 HIGHER DUTIES ALLOWANCE ....................................................................................................... 27

PART 5 – EXPENSES AND OTHER ALLOWANCES .............................................................................. 28

21 ADVERSE CONDITIONS / OBJECTIONABLE MATERIALS ALLOWANCE .................................. 28

22 REIMBURSEMENT OF EXPENSES .................................................................................................. 30

23 MEAL ALLOWANCES (OVERTIME) ................................................................................................. 31

24 VEHICLE ALLOWANCE .................................................................................................................... 31

25 FIRST AID ALLOWANCE .................................................................................................................. 31

PART 6 – LEAVE AND RELATED ENTITLEMENTS ............................................................................... 33

26 ANNUAL LEAVE ................................................................................................................................ 33
26.1 Entitlement ................................................................................................................................ 33
26.2 Rules for taking annual leave ................................................................................................... 33
26.3 Payment for annual leave ......................................................................................................... 33
26.4 Leave loading ........................................................................................................................... 33
26.5 Annual leave, excluding Public holidays and Other Periods of Leave ..................................... 34
26.6 Leave in Advance ..................................................................................................................... 34
26.7 Cash Out of Annual Leave ....................................................................................................... 34

27 PURCHASED ADDITIONAL ANNUAL LEAVE ................................................................................ 35
27.1 General ..................................................................................................................................... 35
27.2 Approval .................................................................................................................................... 35
27.3 Wage rate or salary .................................................................................................................. 35
27.4 Period of purchased leave ........................................................................................................ 36
27.5 Payment for the leave ............................................................................................................... 36
27.6 Superannuation ........................................................................................................................ 36
27.7 Other leave ............................................................................................................................... 36
27.8 Wage or salary increases ......................................................................................................... 36
27.9 Workers compensation ............................................................................................................. 36
27.10 Cessation of employment ......................................................................................................... 37
27.11 Termination of the scheme ....................................................................................................... 37

28 PERSONAL / CARER’S LEAVE ........................................................................................................ 37
28.1 Entitlement ................................................................................................................................ 37
28.2 Taking Personal / Carer’s leave ............................................................................................... 37
28.3 Personal Leave - Notification of absence ................................................................................. 38
28.4 Personal Leave - Evidence ....................................................................................................... 38
28.5 Carer’s Leave – Notification of absence ................................................................................... 38
28.6 Carer’s leave – Evidence .......................................................................................................... 39

29 UNPAID PERSONAL/CARER’S LEAVE ........................................................................................... 39
29.1 Entitlement ................................................................................................................................ 39
29.2 Notification of absence ............................................................................................................. 39
29.3 Evidence ................................................................................................................................... 39

Huon Valley Council Enterprise Agreement 2021 Page 3

30 COMPASSIONATE LEAVE ............................................................................................................... 39
30.1 Entitlement ................................................................................................................................ 39
30.2 Notification of absence ............................................................................................................. 40
30.3 Evidence ................................................................................................................................... 40
30.4 Payment for Compassionate Leave ......................................................................................... 40

31 FAMILY & DOMESTIC VIOLENCE LEAVE ...................................................................................... 40
31.1 General Principles .................................................................................................................... 40
31.2 Definition of Family and Domestic Violence ............................................................................. 40
31.3 Family and Domestic Violence Leave ...................................................................................... 41
31.4 Notice and Evidentiary Requirements ...................................................................................... 42
31.5 Individual Support ..................................................................................................................... 42

32 PARENTAL LEAVE ........................................................................................................................... 43
32.1 Unpaid parental leave ............................................................................................................... 43
32.2 Secondary Carer’s leave .......................................................................................................... 44
32.3 Primary Carer’s Leave .............................................................................................................. 44
32.4 Payment of Leave Entitlements ................................................................................................ 45
32.5 Eligibility .................................................................................................................................... 45

33 DISCOUNTED CHILD CARE ............................................................................................................. 45
33.1 General ..................................................................................................................................... 45
33.2 Entitlement ................................................................................................................................ 45
33.3 Eligibility .................................................................................................................................... 46

34 LONG SERVICE LEAVE .................................................................................................................... 46
34.1 General ..................................................................................................................................... 46
34.2 Taking Long Service leave ....................................................................................................... 46
34.3 Direction to take long service leave .......................................................................................... 47
34.4 Pro rata long service leave on termination ............................................................................... 47

35 COMMUNITY SERVICE LEAVE ........................................................................................................ 47
35.1 General ..................................................................................................................................... 47
35.2 Jury Service .............................................................................................................................. 47
35.3 Emergency Services Leave ...................................................................................................... 47
35.4 Defence Force Leave ............................................................................................................... 49

36 STUDY LEAVE ................................................................................................................................... 49

37 OTHER LEAVE .................................................................................................................................. 50

38 LEAVE WITHOUT PAY ...................................................................................................................... 50

39 PUBLIC HOLIDAYS ........................................................................................................................... 51
39.1 Definitions ................................................................................................................................. 51
39.2 Payment for Public holidays not worked .................................................................................. 51

PART 7 – DISPUTE RESOLUTION AND CONSULTATION .................................................................... 52

40 DISPUTE SETTLEMENT PROCEDURE ........................................................................................... 52

41 CONSULTATION ............................................................................................................................... 53
41.1 Consultation on major change .................................................................................................. 53
41.2 Consultation on changes to regular rosters and hours of work ................................................ 55

42 CONSULTATIVE COMMITTEE ......................................................................................................... 55

PART 8 – TERMINATION AND REDUNDANCY ...................................................................................... 57

43 TERMINATION OF EMPLOYMENT .................................................................................................. 57
43.1 Termination by an Employee .................................................................................................... 57
43.2 Termination by Council ............................................................................................................. 57
43.3 Job search entitlement ............................................................................................................. 58
43.4 Summary Dismissal .................................................................................................................. 58
43.5 Requirements on termination of employment ........................................................................... 58

Huon Valley Council Enterprise Agreement 2021 Page 4

44 REDUNDANCY .................................................................................................................................. 58
44.1 Definition of Redundancy ......................................................................................................... 58
44.2 Transfer to lower paid duties .................................................................................................... 58
44.3 Notice ........................................................................................................................................ 59
44.4 Redundancy Pay ...................................................................................................................... 59
44.5 Outplacement Services ............................................................................................................ 60
44.6 Employee leaving during notice................................................................................................ 60
44.7 Time off during notice period .................................................................................................... 60
44.8 Transfer of business ................................................................................................................. 60
44.9 Exemption to Pay Redundancy Pay ......................................................................................... 61

45 TRANSFER OF BUSINESS ............................................................................................................... 61

PART 9 – OTHER MATTERS .................................................................................................................... 63

46 EMPLOYEE HEALTH AND FITNESS ............................................................................................... 63
46.1 Influenza shots ......................................................................................................................... 63
46.2 Gold Card ................................................................................................................................. 63
46.3 Medical establishment discount................................................................................................ 63

47 EMPLOYEE ASSISTANCE PROGRAM ............................................................................................ 64

48 ANNUAL PERFORMANCE REVIEW ................................................................................................ 64

49 EMPLOYEE REWARD & RECOGNITION ........................................................................................ 64
49.1 Awards for Excellence .............................................................................................................. 64
49.2 Years of Service ....................................................................................................................... 65
49.3 Professional Development ........................................................................................................ 66

50 UNION DELEGATES ......................................................................................................................... 66
50.1 Leave of absence to attend courses ........................................................................................ 66
50.2 Participation in dispute resolution meetings ............................................................................. 66

51 TRANSITION TO RETIREMENT ....................................................................................................... 66

SCHEDULE 1 - CLASSIFICATIONS ......................................................................................................... 68

SCHEDULE 2 - REMUNERATION ............................................................................................................ 88

SIGNING PAGE ......................................................................................................................................... 92

Huon Valley Council Enterprise Agreement 2021 Page 5

PART 1 – APPLICATION AND OPERATION OF THE AGREEMENT

1 TITLE

This Agreement is known as the Huon Valley Council Enterprise Agreement 2021.

2 PARTIES BOUND

(a) This Agreement covers and applies to:

(i) Council;

(ii) Subject to Clause 2(b), an Employee of Council classified within

the Classifications contained within Schedule 1; and

(iii) The Australian Services Union (ASU)

(b) This Agreement does not cover or apply to:

(i) The General Manager; or

(ii) General Practitioners

3 DEFINITIONS

Agreement means the Huon Valley Council Enterprise Agreement 2021.

Casual Employee means an Employee engaged on a casual basis pursuant to Clause

6.5.

Child Care Worker means an Employee who, from the Operative Date, works

operationally as part of the Children’s Services Unit of Council.

Classifications means the Classifications set out in Schedule 1.

Council means Huon Valley Council (ABN 77 602 207 026).

Default Fund means the Spirit Super fund.

Employee means an Employee of Council to whom this Agreement applies.

Employer means Huon Valley Council (ABN 77 602 207 026).

Field Employee means an Employee who, from the Operative Date, works

operationally as part of the Roads, Capital Works or Parks and Reserves Units of

Council.

Full Rate of Pay means the rate of pay payable to an Employee for their Ordinary

hours of work including any of the following: incentives-based payments and bonuses;

loadings; monetary allowances; overtime or Penalty rates; any other separately

Huon Valley Council Enterprise Agreement 2021 Page 6

identifiable amounts.

Full-Time Employee means an Employee engaged on a full-time basis pursuant to

Clause 6.2.

FW Act means the Fair Work Act 2009 (Cth) or any successor to that Act.

FWC means the Fair Work Commission, or any successor to that entity.

Gold Card means a card that allows a reduction in admission costs to identified

Council owned sporting facilities.

Immediate family means:

(a) A Spouse (including a former Spouse), same sex Spouse, de facto

partner, child (including an adopted child, a step child or a foster child),

parent, grandparent, grandchild, sibling, step-brother or step-sister of the

Employee; or

(b) A child, parent, grandparent, grandchild or sibling of a Spouse or de facto

partner of the Employee.

as those defined in this Immediate family definition, for example under

aboriginal kinship rules, as approved, at the Employee’s request, by the

General Manager.

Industrial Instrument means any instrument recognised or registered under the

national workplace relations system that sets out the minimum conditions of

employment for Employees to whom they apply or they cover and includes but is not

limited to an enterprise Agreement, Award, Transitional Instrument as defined under

the FW (Transitional) Act, transitional minimum wage instrument and state based

Agreements.

Medical Establishment Employee means an Employee engaged by Council to work

in Council operated medical establishments other than General Practitioners. Current

Council establishments include Dover Medical Centre, and Geeveston Medical Centre.

NES means the National Employment Standards under the FW Act.

Office Employee means an Employee who is not a Child Care Worker, Field

Employee, Medical Establishment Employee, or Recreation Centre Employee.

Ongoing Employee means an Employee engaged on an ongoing basis subject to

notice and the termination provisions and is not a Temporary Employee, i.e. a

Permanent Employee.

Operative Date means the date on which this Agreement begins applying to the

Huon Valley Council Enterprise Agreement 2021 Page 7

Employer and Employees under Clause 4.1(a).

Ordinary hours of work means the hours worked by an Employee in accordance with

Clause 8.1.

Ordinary Rate means the hourly rate payable to an Employee in accordance with

Schedule 2. Ordinary Rate does not include overtime, incentive based payments,

bonuses, loadings, Penalty rates, monetary allowances or any other similar separately

identifiable entitlement.

Part-Time Employee means an Employee engaged on a part-time basis pursuant to

Clause 6.3.

Pay Day means the day on which salaries would ordinarily be paid.

Penalty rate means the loading received for work performed on a Saturday, Sunday or

Public holiday or work performed after 6pm Mon to Fri for Shift workers only.

Public holiday has the meaning given to it by Clause 39.

Recreation Centre Employee means an Employee engaged to work at a recreation

centre, leisure centre, swimming pool, aquatic centre or sports centre or any other

municipal centre that provides physical, recreational and/or cultural/historical activities

or such other similar activities provided in the public interest.

Serious Misconduct has the same meaning as the definition in the Fair Work

Regulations 2009.

Shift worker means a Recreation Centre or Waste Transfer Station Employee:

(a) Who works a roster and who, over the roster cycle, may be rostered to

work ordinary shifts on any of the seven days of the week;

(b) Who is regularly rostered to work on Saturdays, Sundays and Public

holidays.

Spouse includes a former Spouse.

Temporary Employee means an Employee engaged on a temporary basis pursuant to

Clause 6.4

Temporary employment means the period of time during which work is performed by

a Temporary Employee.

Trainee means an Employee engaged under a training Agreement in accordance with

the appropriate legislative requirements and who is not an apprentice.

Union means the Australian Services Union (ASU).

Waste Transfer Station Employee means an Employee engaged by Council to work

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in Council operated waste transfer stations. Current Council establishments include

Southbridge Waste Transfer Station, Geeveston Waste Transfer Station, Cygnet Waste

Transfer Station and Dover Waste Transfer Station.

4 OPERATION OF THE AGREEMENT

4.1 Commencement of Agreement

(a) This Agreement will operate from the first full pay period seven (7) days

after FWC approval post 1 July 2021.

(b) The nominal expiry date of this Agreement is 30 June 2025.

4.2 Effect of Agreement

(a) This Agreement operates to the exclusion of all Industrial Instruments

(including any award federal award, transitional federal award, pre-reform

federal award, pre-reform certified Agreement, a modern award, a

preserved state Agreement and a notional Agreement preserving a state

award) other than those listed below.

(b) This Agreement incorporates the Local Government Industry Award 2020

(Award) where inconsistencies occur between this Agreement and the

Awards, this Agreement will prevail to the extent of the inconsistency. For

the avoidance of doubt, where this Agreement is silent on a matter the

Award shall apply.

Agreement 2016.

4.3 Relationship to National Employment Standards

(a) Nothing in this Agreement will operate to provide a less favourable

outcome for an Employee in a particular respect than that provided by the

NES.

(b) Employee entitlements under this Agreement:

(i) Apply unless a superior condition applies in accordance with the

NES; and

(ii) Are provided in satisfaction of, and not in addition to, entitlements

under the NES.

Huon Valley Council Enterprise Agreement 2021 Page 9

4.4 Access to this Agreement

(a) A copy of this Agreement shall be posted and be kept posted in a

prominent place easily accessible to the Employees and on Council’s

Intranet.

4.5 Future Agreements

(a) Council shall commence discussions regarding future bargaining

arrangements with the Employees and their representatives (if any) at

least six (6) months prior to the nominal expiry date.

5 NO EXTRA CLAIMS

(a) The Council, Employees and the Union must not make any further claims

pertaining to the employment relationship covered by this Agreement

during the term of this Agreement.

Huon Valley Council Enterprise Agreement 2021 Page 10

PART 2 – EMPLOYMENT CONDITIONS

6 TERMS OF EMPLOYMENT

6.1 Types of employment

(a) An Employee may be engaged by Council as a:

(i) Ongoing Employee;

(ii) Temporary Employee (Fixed term); or

(iii) Casual Employee.

(b) An Ongoing Employee or a Temporary Employee may be engaged either

as a:

(i) Full-Time Employee; or

(ii) Part-Time Employee.

the terms of their engagement and, in particular, whether they are to be a

Full-time Employee, Part-Time Employee or Casual Employee.

6.2 Full-time employment

(a) A Full-Time Employee’s Ordinary hours of work are an average of one

hundred and fifty-two (152) hours over a four (4) week period.

6.3 Part-time employment

(a) A Part-Time Employee’s Ordinary hours of work are less than an average

of thirty-eight (38) hours each week.

(b) A Part-Time Employee’s Ordinary hours of work may be varied by

Agreement between an Employee and Council without the imposition of

any penalty or other additional payment.

their usual or contracted hours these hours shall not be considered

Overtime provided that the hours are less than thirty-eight (38) per week

and occur during the span of Ordinary Hours as set out in Clause 8.1.

(d) A Part-Time Employee will be engaged for a minimum of two (2) hours for

any shift.

(e) A Part-Time Employee is paid an hourly rate for each hour they work, that

hourly rate being taken from the appropriate Classification within

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Schedule 2.

(f) A Part-Time Employee receives, on a pro rata basis, an equivalent

salary/wage and leave entitlements to those of a Full-Time Employee who

is on the same classification according to Schedule 1.

6.4 Temporary employment

(a) A Temporary Employee may be engaged on a full-time or part-time basis

for a specific period of time or for a specific task(s) (i.e. fixed term) as

required by Council.

(b) If a Temporary Employee becomes an Ongoing Employee immediately

after a period of Temporary employment, the period worked as a

Temporary Employee forms part of that Employee’s period of continuous

service for all purposes of this Agreement.

no obligation for Council to offer that Temporary Employee any further or

additional employment.

6.5 Casual employment

(a) A person is a Casual Employee if employed with no firm advance

commitment to continuing and indefinite work according to an agreed

pattern of work.

(b) A Casual Employee is paid an hourly rate for each hour they work, that

hourly rate being taken from the appropriate Ordinary Rate from the

Classifications found in Schedule 2.

any shift.

(d) A Casual Employee is paid a loading of twenty-five percent (25%) in

addition to the Ordinary Rate.

(e) Penalties and overtime rates will be calculated on the Ordinary Rate (i.e.

the unloaded rate of pay without the twenty-five percent (25%) casual

loading).

(f) Subject to Clause 6.5(g), a Casual Employee is not entitled to any:

(i) Leave entitlements contained in this Agreement including annual

leave, annual leave loading, paid personal leave, paid carer’s

leave, paid parental leave, or compassionate leave;

(ii) Notice of termination or redundancy entitlement; or

Huon Valley Council Enterprise Agreement 2021 Page 12

(iii) Payment for any Public holiday that is not worked.

(g) In accordance with the NES, a Casual Employee may be entitled to

unpaid parental leave, unpaid community service leave and carer’s leave

subject to meeting the applicable requirements.

6.6 Right to Request Casual Conversion

(a) For the purpose of this clause, a Regular Casual Employee is a Casual

Employee who, in the preceding period of twelve (12) months, has worked

a pattern of hours on an ongoing basis which, without significant

adjustment, the Employee could continue to perform as a Full-Time

Employee or Part-Time Employee under the provisions of this agreement.

(b) A Casual Employee who can demonstrate that they are a regular Casual

Employee may request that their employment be converted to full-time or

part-time employment.

over the preceding period of twelve (12) months’ casual employment may

request to have their employment converted to full-time employment.

(d) A Regular Casual Employee who has worked less than equivalent full-

time hours over the preceding period of twelve (12) months’ casual

employment may request to have their employment converted to part-time

employment consistent with the pattern of hours previously worked.

(e) Any request under this Clause 6.6 must be in writing and provided to the

relevant director of the Employee.

(f) Where a Regular Casual Employee seeks to convert to full-time or part-

time employment, Council may agree to or refuse the request, but the

request may only be refused on reasonable grounds and after there has

been consultation with the Employee.

(g) Reasonable grounds for refusal include that:

(i) It would require a significant adjustment to the Casual Employee’s

hours of work in order for the Employee to be engaged as a Full-

time or Part-time Employee in accordance with the provisions of

this agreement – that is, the Casual Employee is not truly a

Regular Casual Employee as defined in Clause 6.6(a);

(ii) It is known, or reasonably foreseeable, that the Regular Casual

Employee’s position will cease to exist within the next twelve (12)

months;

http://awardviewer.fwo.gov.au/award/show/MA000112%22%20/l%20%22P239_19697

Huon Valley Council Enterprise Agreement 2021 Page 13

(iii) It is known, or reasonably foreseeable, that the hours of work

which the Regular Casual Employee is required to perform will be

significantly reduced in the next twelve (12) months;

(iv) It is known, or reasonably foreseeable, that there will be a

significant change in the days and/or times at which the

Employee’s hours of work are required to be performed in the next

twelve (12) months which cannot be accommodated within the

days and/or hours during which the Employee is available to work;

(v) Acceptance of the request by a local government would

contravene a merit selection employment requirement contained in

State or Territory legislation applicable to Council.

(h) For any ground of refusal to be reasonable, it must be based on facts

which are known or reasonably foreseeable.

(i) Where a Regular Casual Employee’s request to convert is refused, the

Casual Employee must be provided with the reasons for refusal in writing

within twenty-one (21) days of the request being made. If the Employee

does not accept the Employer’s refusal, this will constitute a dispute that

will be dealt with under the dispute resolution procedure in Clause 40.

(j) Where it is agreed that a Casual Employee will have their employment

converted to full-time or part-time employment as provided for in this

clause, the following must be discussed and recorded in writing:

(i) The form of employment to which the Employee will convert—that

is, full-time or part-time employment; and

(ii) If it is agreed that the Employee will become a Part-Time

Employee, the regular pattern of work, specifying the minimum

hours of work each week the Employee will be employed for.

(k) The conversion will take effect from the start of the next pay cycle

following such agreement being reached unless otherwise agreed.

(l) Nothing in this clause obliges a Regular Casual Employee to convert to

full-time or part-time employment, nor permits the Employer to require a

Regular Casual Employee to so convert.

(m) Nothing in this clause requires Council to increase the hours of a Regular

Casual Employee seeking conversion to full-time or part-time

employment.

Huon Valley Council Enterprise Agreement 2021 Page 14

(n) A casual employee, whether a Regular Casual Employee or not, must be

provided with a copy of the provisions of this clause within the first twelve

(12) months of the Employee’s first engagement to perform work.

(o) A Casual Employee’s right to request to convert is not affected if the

Employer fails to comply with the notice requirements in Clause 6.6(n).

6.7 Trainees

(a) Council may engage an Employee as a Trainee under a Training

Agreement that is made in accordance with the appropriate legislative

requirements.

(b) The salary/wages stipulated in Schedule 2 of this Agreement apply to

Trainees.

6.8 Probationary employment

(a) Council will initially engage a Full-Time Employee or a Part-Time

Employee on probation for a period up to, but not exceeding, six (6)

months.

(b) The probation period is a period of review by which Council and the

Employee can assess each other's performance, capacity, and

willingness to continue the employment arrangements beyond this period.

Employee’s period of continuous service for all purposes of this

Agreement.

(d) At any stage during an Employee’s period of probation, Council, or that

Employee, may terminate the employment for any reason by giving one

(1) weeks’ written notice.

(e) Council may pay an Employee in lieu of all or part of the notice referred to

in Clause 6.8(d).

(f) The notice requirements set out in Clauses 6.8(d) and 6.8(e) do not apply

in respect to an Employee whose employment is terminated based on

their Serious Misconduct.

6.9 Recruitment

(a) Recruitment will be underpinned by the Recruitment Policy. Where a

vacancy arises within six (6) months of an appointment for a similar role

the Hiring Manager may elect to revisit the original applications rather

than commence a new process.

http://awardviewer.fwo.gov.au/award/show/MA000112%22%20/l%20%22P261_23916

Huon Valley Council Enterprise Agreement 2021 Page 15

7 INDIVIDUAL FLEXIBILITY AGREEMENT

(a) Council and an Employee may agree to make an individual flexibility

arrangement to vary the effect of terms of this Agreement if:

(i) The arrangement deals with one or more of the following matters:

(A) Arrangements about when work is performed, such as

working hours;

(B) Meal breaks;

(D) Annual leave (including the payment of Annual leave);

(ii) The arrangement meets the genuine needs of Council and the

Employee in relation to one (1) or more of the matters mentioned

in Clause 7(a)(i); and

(iii) The arrangement is genuinely agreed to by Council and the

Employee.

(b) Council must ensure that the terms of the individual flexibility

arrangement:

(i) Are about permitted matters under Section 172 of the FW Act; and

(ii) Are not unlawful terms under Section 194 of the FW Act; and

(iii) Result in the Employee being better off overall than the Employee

would be if no arrangement was made.

(i) Is in writing; and

(ii) Includes the name of Council and the Employee; and

(iii) Is signed by Council and the Employee and if the Employee is

under eighteen (18) years of age, signed by a parent or guardian

of the Employee; and

(iv) Includes details of:

(A) The terms of the Agreement that will be varied by the

arrangement; and

(B) How the arrangement will vary the effect of the terms; and

terms and conditions of their employment as a result of the

Huon Valley Council Enterprise Agreement 2021 Page 16

arrangement; and

(v) States the day on which the arrangement commences.

(d) Council must give the Employee a copy of the individual flexibility

arrangement within fourteen (14) days after it is agreed to.

(e) Council or the Employee may terminate the individual flexibility

arrangement:

(i) By giving no more than twenty-eight (28) days written notice to the

other party to the arrangement; or

(ii) If Council and the Employee agree in writing — at any time.

Huon Valley Council Enterprise Agreement 2021 Page 17

PART 3 – HOURS OF WORK AND OVERTIME

8 HOURS OF WORK

8.1 Ordinary hours of work

(a) The Ordinary hours of work for a Full-Time Employee are an average of

one hundred and fifty-two (152) hours per four (4) week period.

(b) An Employee may work up to a maximum of 10 ordinary hours (or, by

agreement between Council and the Employee, up to a maximum of 12

ordinary hours) on any day (excluding unpaid meal breaks).

8.2 Span of ordinary hours

(a) Office Employees – 7:00am to 7:00pm, Monday to Friday (inclusive)

(b) Children’s Services Employees – 7.00am and 7.00pm, Monday to Friday

(inclusive). Childcare Centres are licensed to operate between 6:00am to

10:00pm. When operating demands require it, an Employee may be

directed to work within the licensed hours.

(inclusive) and from 8:00am to 5:00pm on Saturday.

(d) Field Employees – 6:00am to 6:00pm, Monday to Friday (inclusive).

(e) Recreation Centre Employees – 6.00am to 11.00pm, Monday to Sunday

(inclusive).

(f) Waste Transfer Station Employees – 8.00am to 6.00pm, Monday to

Sunday (inclusive).

(g) For Employees not referred to in Clause 8.2(a) to 8.2(f) – 7:00am to

7:00pm, Monday to Friday (inclusive).

8.3 Rostered Day Off (RDO) system

(a) A Full-Time Employee will work an extra portion of time each day greater

than seven point six (7.6) hours as part of their ordinary working hours to

be entitled to a rostered day off (RDO).

(b) An Office Employee is scheduled to work a nineteen (19) day per four (4)

week RDO roster.

second (2nd) Friday as set out in the RDO roster. The RDO roster will

ensure Council maintains appropriate coverage at all times, with flexibility

Huon Valley Council Enterprise Agreement 2021 Page 18

being afforded around Public holidays.

(d) An Employee who provides evidence of sickness on their scheduled RDO

(to the satisfaction of their direct supervisor or director) may have the

RDO credited to their accruals.

(e) A Field Employee who does not wish to take their RDO is to seek

approval from their Coordinator at least forty-eight (48) hours before the

RDO is due. Application should include the reasons for not taking the

RDO and the anticipated date on which it will be taken.

(f) If an Employee is required to work their RDO, due to operational or

training requirements, written notice is to be provided to the Employee at

least seventy-two (72) hours before the RDO, including when the

substitute RDO will happen.

(g) RDO’s can be accumulated to a maximum of thirty-eight (38) hours unless

prior approval is given by the relevant director.

(h) RDO’s are to be reduced to a maximum of:

(i) Sixteen (16) hours by 31 December of each year;

(ii) Eight (8) hours by 30 June of each year

Unless prior approval is given by the relevant director.

(i) An Employee who is required to take RDO’s in excess of thirty-eight (38)

hours is to be given at least forty-eight (48) hours’ notice by their direct

supervisor, manager or director.

(j) For operational and budgetary reasons, RDO’s will be deducted in the first

instance when an Employee applies for paid leave.

8.4 Meal breaks

(a) An Employee will not be required to work more than five (5) hours without

receiving an unpaid meal break of at least thirty (30) minutes.

(b) In the case of unforeseen circumstances, or by Agreement between

Council and an Employee, the meal break may be delayed and will be

taken as soon as practicable, subject to the observance of appropriate

health and safety standards.

8.5 Flexibility Arrangements

(a) At the request of an Employee or management, flexibility in relation to

start and finish times will be considered, for particular workgroups, where

Huon Valley Council Enterprise Agreement 2021 Page 19

there is no disruption or inconvenience to Council services or members of

the community. All Employees in the workgroup must be consulted and

be accepting of the arrangement. Approval of flexibility arrangements will

be at the discretion of the General Manager. Council may discontinue an

implemented flexibility arrangement at any time provided four (4) weeks’

notice is given. Flexibility arrangements may be implemented on a trial

basis in the first instance.

(b) Requests for flexibility of a non-ongoing nature from individual Employees

will be considered by the direct supervisor and/or director as and when

they arise. The approval of such arrangements will be subject to there

been no disruption or inconvenience to Council services or members of

the community.

8.6 Individual Flexibility Arrangements – Short Term

(a) Flexibility in the starting and finishing point and hours of work (outside

Ordinary hours) may be implemented for short term, generally one off

periods such as individual events or activities or special projects, and

must be by mutual Agreement.

(b) Flexible hours (outside Ordinary hours) will be credited to the Employee at

single time, the Employee being entitled to the equivalent time off, at

single time rate, at a mutually convenient time.

9 PENALTY RATES

9.1 Weekend Penalty/Public Holiday rates

(a) If requested to work outside Ordinary Hours on a Saturday or Sunday,

time worked will attract a Penalty rate of 66% of the Employees Ordinary

Rate.

(b) If requested to work on a Public Holiday, time worked will attract a Penalty

rate of double time and a half (x2.5).

(b), an Employee can choose to accrue time in lieu, credited at the relative

Penalty rate, and take it according to Clause 8.3. Council will not

unreasonably refuse an Employee’s request to take time in lieu

associated with clause.

(d) This clause does not affect the calculation for those Employees who

request to work weekends and/or Public holidays, for such requests hours

Huon Valley Council Enterprise Agreement 2021 Page 20

worked will be accrued on a time for time basis.

9.2 Penalty rates – Shiftworkers

(a) Clause 9.2 applies to a Shift Workers.

(b) Any time worked on a Saturday or Sunday will attract a Penalty rate of

66% of the Employee’s Ordinary Rate.

time and a half (x2.5).

(d) An Employee who is required to work after 6.00pm on a weekday will be

paid the Ordinary Rate plus an additional fifteen (15) percent for those

hours worked after 6pm.

10 OVERTIME

10.1 Reasonable Overtime

(a) An Employee may be required to work a reasonable amount of overtime.

In determining reasonable overtime, the criteria outlined by Clause 10.4

will be taken into account.

(b) If an Employee classified as a Level One (1) Band One (1) Office and

Medical Establishment Employee or a Level Two (2) Child Care

Employee, as per Schedule 1, is required to work overtime, they will be

paid for the overtime hours as a Level One (1) Band Two (2) Office and

Medical Establishment Employee or Level Three (3) Child Care Employee

respectively.

10.2 Entitlement

(a) An Employee is only entitled to overtime if prior approval is given by their

direct supervisor or director, or the General Manager, to work overtime

and:

(i) Works in excess of the maximum weekly hours; or

(ii) Works in excess of the maximum daily hours; or

(iii) Works outside the span of ordinary hours.

(b) The overtime rate is sixty six percent (66%) of the Ordinary Rate.

10.3 Entitlement – Shiftworkers

(a) Clause 10.3 applies to a Shift Worker.

Huon Valley Council Enterprise Agreement 2021 Page 21

(b) A Shift Worker is only entitled to overtime if prior approval is given by their

direct supervisor or director, or the General Manager, to work overtime

and:

(i) Works in excess of the maximum weekly hours; or

(ii) Works in excess of the maximum daily hours.

(d) In calculating overtime, each day’s work stands alone.

10.4 Reasonable Additional Hours

(a) To determine whether for the purposes of Clause 10.1, overtime is

reasonable Council will consider all relevant factors including:

(i) Any risk to Employee health and safety from working the additional

hours;

(ii) The Employee’s personal circumstances, including family

responsibilities;

(iii) The needs of Council;

(iv) Whether the Employee is entitled to receive overtime payments,

Penalty rates or other compensation for, or a level of remuneration

that reflects an expectation of, working additional hours;

(v) Any notice given by Council of any request or requirement to work

the additional hours;

(vi) Any notice given by the Employee of their intention to refuse to

work the additional hours;

(vii) The usual patterns of work in the area in which the Employee

works; and

(viii) The nature of the Employee’s role, and the Employee’s level of

responsibility.

11 ON CALL AND STANDBY

11.1 On Call

(a) Council establishes an On Call Roster to ensure the continued provision

of services to residents of the Huon Valley outside normal working hours.

(b) An Employee who participates on the On Call roster must be able to be

contacted and immediately respond to a request to attend work.

Huon Valley Council Enterprise Agreement 2021 Page 22

be paid an On Call allowance as per below:

First full pay

period after 1

July 2021

First full pay

period after 1

July 2022

First full pay

period after 1

July 2023

First full pay

period after 1

July 2024

$238.05 $244.60 $251.32 $258.86

(d) An Employee who participates on the On Call roster who is called out to

and performs works as a result of being on this roster shall be entitled to

the following remuneration:

(i) A minimum of three (3) hours work at the Ordinary Rate multiplied

by the appropriate overtime rate as stipulated in Clause 11.1(d)(ii).

(ii) The first two (2) hours to attend such works will be calculated at

time and a half (x1.5) and the third (3rd) and subsequent hours for

that call out shall be paid at double time (x2).

(iii) In the event that an Employee has received a call out and, prior to

the Employee returning home from that call out, is in receipt of a

call out for a separate incident, the two (2) incidents shall be

treated separately in the calculation of payments

(e) An Employee is entitled to a ten (10) hour rest break effective from the

time of the finished call out if they had not already had ten (10)

consecutive hours rest from the previous shift. i.e. a rest break only

applies if called out prior to 3:00am (an Office Employee) or 2:30am (a

Field Employee).

(f) An Employee that has been rostered on the On Call Roster for the week

will be provided with a mobile phone, a Council vehicle and all necessary

call out equipment. Whilst an Employee is rostered on, reasonable private

use of a Council vehicle provided is permitted.

11.2 Standby

(a) The purpose of an Employee being on Standby is to assist those on the

On Call Roster when the situation requires more than one (1) person to

safely complete the required duties resulting from a call out; or when

specialist skills are required to safely complete the required duties

resulting from a call out. A list of all Employees available on standby will

be included with the call out equipment.

(b) An Employee who is on the Standby list, is not required to hold

Huon Valley Council Enterprise Agreement 2021 Page 23

themselves in readiness to work or make any specific accommodation

outside of working hours because they are on the Standby list, and is able

to decline any request to assist the Employee on the On Call Roster.

attended a call out will receive the following remuneration:

(i) A minimum of four (4) hours work at the Ordinary Rate multiplied by

the appropriate overtime rate as stipulated in Clause 11.2(b)(ii).

(ii) The first two (2) hours to attend such works will be calculated at

time and a half (x1.5) and then all subsequent hours for that call out

shall be paid at double time (x2).

(iii) In the event that an Employee has received a call out and, prior to

the Employee returning home from that call out, is in receipt of a call

out for a separate incident, the two (2) incidents shall be treated

separately in the calculation of payments.

12 STARTING AND FINISHING PLACES OF WORK

(a) For the purposes of this Agreement, the point of starting and finishing

work shall be:

(i) The Employees normal rostered workplace; or

(ii) At any other place if:

(A) Mutually agreed between Council and Employee; or

(B) The work involves a specific project of a fixed duration

within five (5) kilometres of the normal rostered

workplace, provided that adequate facilities are

available. This will not apply when Employees are

subject to direct contact with contaminated material and

/ or toxic substances; or

worksite, operation or service and Council has given the

Employee a minimum of four (4) weeks’ notice. Council

will also provide a Vehicle Allowance, as specified in

Clause 24, for the first three (3) months following the

relocation. The Vehicle Allowance will apply for the

distance that is in excess of the distance the Employee

travels between their usual residence and their previous

Huon Valley Council Enterprise Agreement 2021 Page 24

workplace. The Vehicle Allowance will not be paid where

the Employee is provided with a vehicle by Council.

(b) Where an Employee is required to work at a place not provided for in

Clause 12(a), the Employee must be paid:

(i) Travelling time for all time reasonably spent, by the Employee,

reaching and/or returning from the job which is in excess of the time

normally spent, by the Employee, in travelling between the

Employee’s usual residence and the Employee’s usual start / finish

point; and

(ii) Vehicle Allowance as specified in Clause 24 for the distance that is

in excess of the distance the Employee reasonably travels to and

from the job and that travelled between the Employee’s usual

residence and the Employee’s usual start / finish point. This will not

be paid where the Employee is provided with a vehicle by Council.

Rate.

13 ROAD CLOSURES

(a) Where a road, or roads, have been closed due to adverse weather

conditions or for other reasons and the closure directly impacts upon an

Employee’s ability to attend work:

(i) The Employee must make every reasonable attempt to attend their

usual workplace as soon as practicable. This may involve

monitoring media announcements or internet services, including

those of Tasmania Police.

(ii) Alternative routes are be investigated and utilised when available,

even if distances are reasonably longer.

(iii) In all instances an affected Employee must keep their direct

supervisor, or director, advised of their situation.

(iv) Where an Employee makes every reasonable attempt to attend their

usual workplace but is unable to attend at their normal

commencement time, or is unable to attend on that day, there shall

be no loss of pay for the time lost and the Employee will not be

required to utilise their accrued leave in order to have no loss of pay

for time lost.

Huon Valley Council Enterprise Agreement 2021 Page 25

(v) An Employee who fails to attend work after the road, or roads, have

been opened, and it is considered reasonable to do so, will be

required to use accrued leave or leave without pay for all time lost.

(vi) Where an Employee has utilised an alternative and longer route to

work they shall be entitled to the Vehicle Allowance in Clause 24

with respect to the excess distance travelled provided that Council

has given approval.

14 CHRISTMAS SHUT DOWN

(a) Unless advised otherwise, Council will temporarily shut down the

workplace between the Christmas and New Year period. An Employee will

be advised at least one (1) month before the Christmas/New Year period

of the shut down dates.

(b) An Employee will be required to take any accrued entitlements (RDOs)

before paid annual leave during the shutdown period.

services over this period. A call for expressions of interest will be made at

least one (1) month prior to the shut down period.

Huon Valley Council Enterprise Agreement 2021 Page 26

PART 4 – CLASSIFICATIONS, REMUNERATION & ALLOWANCES

15 CLASSIFICATION STRUCTURE

(a) The Classifications are set out in Schedule 1.

16 REMUNERATION

16.1 Remuneration

(a) An Employee is entitled to the Ordinary Rate specified in Schedule 2 as

per their applicable Classification as outlined in Schedule 1.

16.2 Salary/Wage Increases

(a) An increase to salary/wage levels will apply as per the table below for an

Employee covered by this Agreement.

First full pay

period after 1

July 2021

First full pay

period after 1

July 2022

First full pay

period after 1

July 2023

First full pay

period after 1

July 2024

3.5% 2.75% 2.75% 3%

(b) Salary/wage rates are displayed in Schedule 2 - Remuneration

16.3 Superannuation

(a) Council will pay the contributions to the Default Fund or, where the Default

Fund is inapplicable, any other requisite superannuation fund in the

amount necessary to discharge its minimum obligations under the

applicable legislation.

(b) Council will also pay additional superannuation contributions at three (3)

percent above the Superannuation Guarantee (SG). However, the total

superannuation contribution, by Council, will not exceed fifteen (15)

percent.

17 PAYMENT OF SALARIES

(a) An Employee will be paid fortnightly, or as otherwise agreed by Council

and Employee, by electronic funds transfer into the Employee’s

nominated account or other agreed method.

Huon Valley Council Enterprise Agreement 2021 Page 27

18 OVERPAYMENT OF SALARIES

(a) Council shall be entitled to make salary deductions in order to recover

monies owed by an Employee arising from:

(i) Payment of leave in advance;

(ii) Payment of salary or allowances to which the Employee is not

entitled;

(iii) Payment of other expenditure to the benefit of the Employee to

which the Employee is not entitled.

(b) Before commencing to make a salary deduction, Council’s Human

Resources Unit will:

(i) Provide to the Employee written details of the monies owing and

the reasons; then

(ii) Arrive at a reasonable and mutually agreeable repayment plan to

recover monies over a period of no more than six (6) months; and

(iii) Provide to the Employee written details of the repayment

arrangements.

19 SALARY SACRIFICE BY AN EMPLOYEE

(a) Council may facilitate the availability of salary sacrifice to staff subject to

there being no additional net cost to Council by way of Fringe Benefits

Tax, other tax imposed by taxation legislation, or any other cost.

20 HIGHER DUTIES ALLOWANCE

(a) An Employee directed or appointed to relieve in a higher level position will

be paid at the applicable rate and according to the timeframes outlined in

Council’s Higher Duties Procedure where the Employee is required to

perform the substantive functions of the role for more than:

(i) Two (2) hours for a Field, Recreation Centre and Waste Transfer

Station Employee; or

(ii) One (1) day for all other Employees.

(b) Higher duties can apply retrospectively at the discretion of the relevant

director.

Huon Valley Council Enterprise Agreement 2021 Page 28

PART 5 – EXPENSES AND OTHER ALLOWANCES

21 ADVERSE CONDITIONS / OBJECTIONABLE MATERIALS
ALLOWANCE

(a) The Adverse Conditions allowance can be claimed by any Employee

where the working conditions or materials being worked with are more

objectionable, dirty, unhealthy, or injurious to the Employee or their

clothing (as appropriate) than the ordinary working conditions or materials

usually encountered by the Employee for the type of work being

undertaken.

(b) This allowance will be claimable at one (1) of the four (4) levels set out in

Clause 21(c), provided always that the allowance, of the highest level

payable, can only be claimed once on a given day regardless of the

number of types of conditions/materials that may be encountered in that

day.

they are required to work under adverse working conditions as follows:

First full pay

period after 1

July 2021

First full pay

period after 1

July 2022

First full pay

period after 1

July 2023

First full pay

period after 1

July 2024

Level 1 $4.84 $4.98 $5.11 $5.27

Level 2 $10.29 $10.57 $10.87 $11.19

Level 3 $19.13 $19.65 $20.19 $20.80

Level 4 $69.85 $71.78 $73.75 $75.96

(d) In addition to the payment of this allowance, an Employee will be provided

with all appropriate protective clothing and equipment for working in the

particular adverse condition.

(e) For the purposes of this clause the following definitions apply:

(i) 'Putrescent' means decaying, rotting food or other organic matter.

(ii) 'Litter' means waste containing mainly beverage containers,

packaging, paper and cardboard without putrescent material being

present.

(iii) 'Continuous existence' in respect to a foul odour implies an odour

Huon Valley Council Enterprise Agreement 2021 Page 29

that is always noticeable and does not disappear for extended

periods of time during the day.

(iv) 'Excessive amounts' in respect to dust implies clouds of dust which

create a major nuisance.

(v) 'Day to day basis' means whether continuously throughout the day

or on a regular basis every day as distinct from an irregular or

sporadic basis.

(f) In order to claim a Level one (1) allowance, the objectionable, dirty,

unhealthy or injurious materials or conditions must involve the following:

(i) Garbage containing predominantly putrescent matter, and

not simple litter;

(ii) Untreated or partially treated sewerage which may include

handling or working in direct contact with sewerage matter

including but not exclusive to sewerage blockage, septic

tank blockage, sewerage-logged trenches, sewerage pits,

etc;

(iii) Deceased small domestic and/or native animals;

(iv) The continuous existence of a foul odour;

(v) The opening of a grave; or

(vi) Excessive amounts of dust or other airborne matter.

(g) In regard to Clause 21(f) above, the following exclusions shall apply:

(i) An Employee, other than drivers, engaged in picking up

garbage from residences on a day to day basis are

excluded in respect of the materials referred to in Clause

21(f)(i) above;

(ii) Wastewater treatment plant operators are excluded in

respect to the matter referred to in Clause 21(f)(ii) above;

and

(iii) Cleaners who clean public toilets or Employee amenity

blocks as part of their duties on a day to day basis are

excluded in respect of the matter referred to in Clause

21(f)(ii) above.

(h) In order to claim a Level two (2) allowance, the objectionable, dirty,

unhealthy or injurious materials or conditions must involve:

Huon Valley Council Enterprise Agreement 2021 Page 30

(i) Handling or carting sanitary waste;

(ii) Handling or carting dead cattle (indicative) or large native

animals; or

(iii) Working in wet conditions without the appropriate wet

conditions protective clothing

(i) In order to claim a Level three (3) allowance, the objectionable, dirty,

unhealthy or injurious materials or conditions must involve:

(i) Handling or carting materials that may have come into

contact with infectious diseases such as typhoid fever or

tuberculosis; or

(ii) Work in connection with an exhumation or grave opening

that is considered to be objectionable

(j) In order to claim a level four (4) allowance, the objectionable, dirty,

unhealthy or injurious materials or conditions must involve work in

connection with an exhumation that the attending Medical Officer or

equivalent certifies as hazardous to health.

(k) For the avoidance of doubt, this Clause 21 replaces any entitlements in

Clause 19.2 Adverse Working Conditions in the Local Government

Industry Award 2020.

22 REIMBURSEMENT OF EXPENSES

(a) All reasonable expenses incurred by the Employee, at the direction of the

relevant director, including out-of-pocket expenses, course fees and

materials, telephone, accommodation, travelling expenses and the cost of

special protective clothing, in connection with the Employee’s duties will

be reimbursed in the next pay period, where practicable.

(b) The method and mode of travelling or the vehicle to be supplied or to be

used will be arranged mutually between the Employee and the relevant

direct supervisor or director. Travelling arrangements will be agreed in

advance.

apprentice, for the cost of any tools, instruments or special equipment

purchased and supplied by the Employee at the direction of the relevant

director. However, reimbursement need not be made if Council supplies

the tools, instruments or equipment.

Huon Valley Council Enterprise Agreement 2021 Page 31

(d) An Employee may be required to present proof of payment prior to the

reimbursement.

23 MEAL ALLOWANCES (OVERTIME)

(a) An Employee who works more than two (2) hours’ overtime in a minimum

of ten (10) hours on duty will be paid a meal allowance as per below:

First full pay

period after 1

July 2021

First full pay

period after 1

July 2022

First full pay

period after 1

July 2023

First full pay

period after 1

July 2024

$16.85 $17.31 $17.79 $18.32

(b) Where an Employee is required to continue working for a further four (4)

hours of continuous overtime work, the Employee will be paid an

additional meal allowance as per Clause 23(a).

(i) Where the Employee has been notified at least twenty-four (24)

hours in advance of the requirement to work overtime; or

(ii) Where the Employee is only required to work less than the time

prescribed; or

(iii) Where a suitable meal is provided by Council.

24 VEHICLE ALLOWANCE

(a) Where an Employee is required to use their own vehicle in or in

connection with the performance of their duties, such Employee will be

paid an allowance for each kilometre of authorised travel as follows:

(i) Motor vehicle — $0.78 per kilometre;

(ii) Motorcycle — $0.26 per kilometre

(b) An Employee may be required to record full details of all such official

travel requirements in a log book.

Industry Award 2020.

25 FIRST AID ALLOWANCE

(a) Where an Employee holds an appropriate first aid qualification and is

Huon Valley Council Enterprise Agreement 2021 Page 32

appointed by Council to perform first aid duty, such an Employee will be

paid an additional fortnightly allowance as per below:

First full pay

period after 1

July 2021

First full pay

period after 1

July 2022

First full pay

period after 1

July 2023

First full pay

period after 1

July 2024

$32.32 $33.21 $34.12 $35.15

(b) Clause 25(a) will not apply where the requirement to hold a first aid

certificate is a requirement of the position.

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PART 6 – LEAVE AND RELATED ENTITLEMENTS

26 ANNUAL LEAVE

26.1 Entitlement

(a) A Full-Time Employee is entitled to four (4) weeks of annual leave for

each year of service.

(b) A Part-Time Employee is entitled to a pro rata entitlement based on

average hours worked during the preceding twelve (12) months.

(1) week of annual leave for each year of service.

26.2 Rules for taking annual leave

(a) An annual leave program will be developed over a twelve (12) month

period.

(b) The program for leave requests will be reviewed as required.

Employee may be directed by the relevant manager or director to take

Annual Leave within six (6) months to reduce their balance to five (5)

weeks.

(d) In special circumstances, leave balances of up to eight (8) weeks may

accrue, subject to the approval of the relevant director.

(e) Leave is to be taken in low need periods, where possible.

(f) Council will not prevent an Employee from taking leave days as required

on an emergency basis.

(g) Leave in advance and leave without pay may only be granted with the

written approval of the General Manager.

26.3 Payment for annual leave

(a) An Employee will be paid their Ordinary Rate during periods of annual

leave.

26.4 Leave loading

(a) The Employee will be paid an annual leave loading of 17.5% calculated

on the Employee’s Ordinary Rate in addition to payment for annual leave

provided.

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(b) Leave loading is not to exceed the amount listed below, per annum:

First full pay

period after 1

July 2021

First full pay

period after 1

July 2022

First full pay

period after 1

July 2023

First full pay

period after 1

July 2024

$1023.96 $1052.12 $1081.05 $1113.48

each year, unless the Employee chooses to have the leave loading paid

at the time the Employee takes their annual leave.

(d) Upon termination of employment, an Employee will be entitled to any

unpaid leave loading, on annual leave, that has been accrued in the

calendar year of their termination.

26.5 Annual leave, excluding Public holidays and Other Periods of Leave

(a) If a Public holiday falls within a period of an Employee’s leave, annual

leave must not be deducted for that Public holiday.

(b) If, during a period of annual leave, the period includes any

personal/carer’s leave, compassionate leave, or community service leave,

the Employee is taken not to be on paid annual leave for the period of that

leave.

26.6 Leave in Advance

(a) An Employee, upon approval of the General Manager, may be able to

take annual leave in advance of an entitlement accruing.

(b) Council may deduct from the Employee’s termination payments, leave

taken in advance where the entitlement to that leave has not accrued as

at the date of termination.

26.7 Cash Out of Annual Leave

(a) An Employee may cash out a period of any amount of accrued annual

leave, at the Employees Ordinary Rate, provided the following conditions

are met:

(i) The Employee must retain an entitlement to at least four (4) weeks

paid annual leave after the leave is cashed-out;

(ii) There is a separate agreement in writing on each occasion that the

annual leave is cashed out, approved by the relevant director;

(iii) The Employee must be paid at least the full amount that would

Huon Valley Council Enterprise Agreement 2021 Page 35

have been payable had the annual leave been taken.

(b) If an employee is paid on two (2) separate classifications, the Ordinary

Rate will be worked out on a pro rata basis of average hours worked

during the preceding twelve (12) months.

directed to take Annual Leave to reduce their balance, as per Clause

26.2(c), unless approved by the General Manager.

27 PURCHASED ADDITIONAL ANNUAL LEAVE

27.1 General

(a) An Ongoing Employee may purchase additional leave of up to two (2)

weeks per annum, by entering into a scheme by taking a reduction in their

Normal Wage Rate or Salary for a period of a year to become entitled, at

the end of that year, to a pre-determined amount of leave up to the

maximum allowable of two (2) weeks.

(b) For the purposes of this Clause 27, the following definitions apply:

(i) Normal Wage Rate or Salary means the Full Rate of Pay paid

fortnightly to the Employee.

(ii) Period of the Scheme means the twelve (12) month period over

which the Employee receives the reduced wage or salary.

27.2 Approval

(a) An Employee may apply to participate in the scheme and it is at the sole

discretion of the Employees relevant director to approve such participation

and the leave involved, based on the operational needs of the

organisation, equity of access to high demand periods and Employees’

personal & family circumstances.

(b) Any decision to refuse an application will be communicated to the

Employee in writing within twenty-one (21) days and will be open to

appeal, by the Employee concerned, through the procedure outlined in

Clause 40.

27.3 Wage rate or salary

(a) During the Period of the Scheme, a participating Employee’s Normal

Wage Rate or Salary will be reduced by a requisite amount spread equally

over a twelve (12) month period. The reduction in the Normal Wage Rate

Huon Valley Council Enterprise Agreement 2021 Page 36

or Salary shall be proportionate to the period of leave involved. For

example, for two (2) weeks leave the Employee will be paid a wage rate

or salary that is 96.15% (50/52) of the Normal Wage Rate or Salary.

27.4 Period of purchased leave

(a) The purchased leave will be taken at or after the end of the Period of the

Scheme, at a time approved by the Employee’s direct supervisor and

director, and in any event no less than twelve (12) months after the end of

the scheme.

(b) Purchased leave may not be accumulated. If not taken by the end of the

twelve (12) month period the Employee will be paid the value of the leave

less the requisite amount of taxation.

27.5 Payment for the leave

(a) Payment for the period of purchased leave shall be at the requisite

reduced wage rate or salary, based on the Employee’s Normal Wage

Rate or Salary at the time, and shall not attract any loading.

27.6 Superannuation

(a) Council and Employee superannuation contributions during the Period of

the Scheme will be based on the reduced wage rate or salary payable

during that period, except that an Employee may choose to top-up their

personal contributions to maintain the level of those contributions or all

contributions at the normal level.

27.7 Other leave

(a) Annual leave, Personal leave and Long Service Leave will continue to

accrue at the normal rate during the Period of the Scheme. Any paid leave

of any kind taken during that period shall be paid at the requisite reduced

wage rate or salary.

27.8 Wage or salary increases

(a) Any general Normal Wage Rate or Salary increase or an individual

increase approved during the Period of the Scheme will apply and in such

case the requisite reduced wage rate or salary will be recalculated.

27.9 Workers compensation

(a) An Employee’s participation in the scheme will be suspended for any

period in which the Employee is receiving weekly payments of workers

compensation.

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27.10 Cessation of employment

(a) Should a participating Employee’s employment terminate during the

Period of the Scheme, the purchased leave accrued at the point of

termination will be paid to the Employee less the requisite amount of

taxation. All other termination entitlements will be paid at the Employee’s

Normal Wage Rate or Salary.

27.11 Termination of the scheme

(a) A participating Employee may terminate the operation of the scheme by

giving at least two (2) weeks’ notice. In such case the period of leave

purchased thus far shall be calculated and be made available for the

Employee to take at the requisite reduced wage rate or salary.

28 PERSONAL / CARER’S LEAVE

28.1 Entitlement

(a) A Full-Time Employee is entitled up to ten (10) days of Personal/Carer’s

leave for each year of service, a Part Time Employee is entitled to pro rata

Personal/carer’s leave. Ten (10) days of personal leave will be credited to

the Employee at the commencement of their employment.

(b) An Employee’s entitlement to paid Personal/Carer’s leave accrues

progressively during subsequent years of service according to the

Employee’s Ordinary hours of work and accumulates from year to year.

compensation claim is not entitled to the use of personal leave.

28.2 Taking Personal / Carer’s leave

(a) An Employee may take paid Personal/Carer’s leave if the leave is taken:

(i) Because the Employee is not fit for work because of a personal

illness, or personal injury, affecting the Employee (Personal Leave);

(ii) To provide care or support to a member of the Employee’s

Immediate family, or a member of the Employee’s household, who

requires care or support because of:

(A) A personal illness, or personal injury, affecting the member; or

(B) An unexpected emergency affecting the member (Carer’s

Leave).

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28.3 Personal Leave - Notification of absence

(a) An Employee must notify their director supervisor, or director, as soon as

practicable if they will be absent on personal leave and advise of the

length of period, or expected period, of the leave. Where possible efforts

should be made to provide notice by direct verbal contact to the

Employee’s direct supervisor, or director, and shall as far as may be

practicable, state the nature of the illness/injury and the estimated

duration of the absence. This said, it is recognised several factors may

impede verbal contact in which case electronic notification will be

accepted e.g. text, email.

28.4 Personal Leave - Evidence

(a) An Employee shall prove to the satisfaction of their direct supervisor, or

director, that they were able to account for such illness, or injury, which

precluded them from attending work on the day, or days, for which the

Personal leave is claimed.

(b) A total of five (5) Personal or Carer’s leave days can be taken in a year

without the need for a medical certificate, providing that any one (1) period

of absence does not exceed three (3) working days.

or, if the Employee is unable to obtain a medical certificate after

reasonable endeavours, a signed Statutory Declaration, stating that the

Employee is unable to attend for work and the reason why, is required.

(d) An Employee who has exhausted their Personal/Carer’s leave accrual will

have the option of utilising other accruals (e.g. annual leave, RDOs or

TOIL).

28.5 Carer’s Leave – Notification of absence

(a) The Employee shall wherever practicable, give notice to their direct

supervisor, or director, prior to the absence of the intention to take leave.

Such notice shall include:

(i) The name of the person requiring care and their relationship to the

Employee.

(ii) The reasons for taking such leave and the estimated length of

absence.

(b) If it is not practicable for the Employee to give prior notice of absence, the

Employee shall notify their direct supervisor, or director, of such absence,

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at the first opportunity on the day of absence.

28.6 Carer’s leave – Evidence

(a) Once five (5) days have been utilised in one (1) year (using

commencement anniversary date) without evidence, prior to authorisation

being granted, the Employee shall produce a medical certificate or, if the

Employee is unable to obtain a medical certificate after reasonable

endeavours, a signed Statutory Declaration, in relation to the illness of the

person concerned, which states that the Employee is required to care for

the injured or ill Immediate family member.

29 UNPAID PERSONAL/CARER’S LEAVE

29.1 Entitlement

(a) A Casual Employee, or an Employee who has no remaining paid

Personal/Carer’s leave entitlement, is entitled to up to two (2) days’

unpaid Personal/Carer’s leave for each permissible occasion in

accordance with the NES.

29.2 Notification of absence

(a) An Employee must notify their direct supervisor, or director, as soon as

practicable if they will be absent on unpaid Personal/Carer’s leave and

advise of the length of period, or expected period, of the leave.

29.3 Evidence

(a) When taking unpaid Personal/Carer’s leave the Employee is to evidence

that would satisfy a reasonable person. This should be read in conjunction

with Clauses 28.1-28.6 above.

30 COMPASSIONATE LEAVE

30.1 Entitlement

(a) An Employee is entitled to five (5) days of compassionate leave for each

occasion that a member of the Employee’s Immediate family or a member

of the Employee’s household:

(i) Contracts or develops a personal illness that poses a serious threat

to their life; or

(ii) Sustains a personal injury that poses a serious threat to their life; or

(iii) Dies.

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(b) An entitlement of five (5) days will also apply to an Employee who

experiences a miscarriage or early pregnancy loss.

Clause 30.1(a), of close friends, but will need to be approved at the

discretion of the General Manager upon application.

(d) An additional two (2) days compassionate leave will be granted where the

Employee is required to travel interstate or overseas.

(e) As per Clause 37, an Employee may apply for Other Leave in the event

that they have used their allocation of compassionate leave and all other

forms of leave.

30.2 Notification of absence

(a) An Employee must notify their direct supervisor, or director, as soon as

practicable if the Employee will be absent on compassionate leave and

advise of the length of period, or expected period, of the leave.

30.3 Evidence

(a) When taking compassionate leave the Employee is to provide evidence

that would satisfy a reasonable person.

30.4 Payment for Compassionate Leave

(a) If an Employee, other than a Casual Employee, takes a period of

compassionate leave, Council must pay the Employee at the Employee’s

Ordinary Rate for the Employee’s Ordinary hours of work in the period.

31 FAMILY & DOMESTIC VIOLENCE LEAVE

31.1 General Principles

(a) Huon Valley Council recognises that an Employee is sometimes the victim

of violence or abuse in their personal life that may affect their attendance

or performance at work. Council is committed to providing support to an

Employee who is the victim of family and domestic violence.

(b) Understanding the traumatic nature of family and domestic violence

Council will support an Employee if they have difficulties performing tasks

at work. No detrimental action will be taken against an Employee on the

basis that they have accessed Family and Domestic Violence Leave.

31.2 Definition of Family and Domestic Violence

(a) For the purpose of this clause, family and domestic violence is defined as

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any violent, threatening or other abusive behaviour by a person against a

member of the person's family or household (current or former). To avoid

doubt, this definition includes behaviour that:

(i) Is physically or sexually abusive; or

(ii) Is emotionally or psychologically abusive; or

(iii) Is economically abusive; or

(iv) Is threatening; or

(v) Is coercive; or

(vi) In any other way controls or dominates the family or household

member and causes that person to feel fear for their safety or

wellbeing or that of another person; or

(vii) Causes a child to hear or witness, or otherwise be exposed to the

effects of such behaviour.

31.3 Family and Domestic Violence Leave

(a) An Employee, who is subjected to family and domestic violence, is entitled

to ten (10) days per year of paid family and domestic violence leave for

the purpose of:

(i) Attending legal proceedings, counselling, appointments with a

medical or legal practitioner;

(ii) Relocation or making other safety arrangements; or

(iii) Other activities associated with the experience of family and

domestic violence.

(b) In addition, an Employee, who provides support to an Immediate family

member who is a victim of family and domestic violence is entitled to

access family and domestic leave for the purpose of:

(i) Accompanying that person to legal proceedings, counselling, or

appointments with a medical or legal practitioner;

(ii) Assisting with relocation or other safety arrangements; or

(iii) Other activities associated with the family and domestic violence,

including caring for children.

Employee calculated in accordance with any regular pattern of work.

(d) This leave will be in addition to existing leave entitlements and may be

Huon Valley Council Enterprise Agreement 2021 Page 42

taken as consecutive or single days or as a fraction of a day, and can be

taken without prior approval.

(e) Upon exhaustion of the leave entitlement in Clause 31.3(a) an Employee

will be entitled to up to five (5) days unpaid family and domestic violence

leave on each occasion.

31.4 Notice and Evidentiary Requirements

(a) The Employee must give their direct supervisor, or director, notice as

soon as reasonably practicable of their request to take leave under this

clause.

(b) If requested, the Employee must provide evidence that would satisfy a

reasonable person that the leave is for the purpose as set out in Clause

31.2. Such evidence may include a document issued by the police, a

court, a doctor (including a medical certificate), district nurse, maternal

and child health care nurse, a family violence support service, a lawyer or

a statutory declaration.

information provided by the Employee concerning an Employee’s

experience of family and domestic violence is kept confidential.

Information will not be kept on an Employee’s personnel file without their

express written permission.

(d) An Employee experiencing family and domestic violence may raise the

issue with a nominated support person, their immediate supervisor or their

union delegate.

(e) Where requested by an Employee (in writing), this nominated person may

liaise with the Employee’s supervisor on the Employee’s behalf, and will

make a recommendation on the most appropriate form of support.

31.5 Individual Support

(a) In order to provide support to an Employee experiencing family and

domestic violence and to provide a safe work environment to all

Employees, Council will approve any reasonable request, from an

Employee who is the victim of family and domestic violence, for:

(i) Changes to their span of hours or pattern of hours and/or shift

patterns;

(ii) Temporary job redesign or changes to duties;

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(iii) Temporary relocation to suitable employment within Council

(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) Accommodating an Employee who is subject to, or supporting somebody

with, domestic violence issues, may have an impact on the normal

operational requirements of Council. In the event of such an occurrence,

the relevant direct supervisor or director will negotiate with the affected

Employee/s to achieve safe and workable outcomes.

Employee reasonably requires the change as a result of experiencing

family or domestic violence. Where reasonable, the Employee will return

to their substantive role, or other employment arrangements.

(d) An Employee that discloses to a nominated support person, or their

supervisor, that they are experiencing family and domestic violence will be

given information in relation to external support services/agencies, referral

services and other local resources.

32 PARENTAL LEAVE

32.1 Unpaid parental leave

(a) An Employee is entitled to unpaid parental leave in accordance with the

NES.

(b) An Employee may request up to an additional twelve (12) month period of

parental leave after the initial twelve (12) month period of unpaid parental

leave. This should be in writing and addressed to the General Manager.

commencement of the leave period. The return to work plan aims to

identify the length of time the Employee will have off work, the intention of

the Employee returning to their substantive position and any other

relevant information. Council is aware that circumstances may change

during the period of unpaid parental leave, and will allow consultation

between the Employee and the relevant direct supervisor or director

should this situation arise.

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(d) Application to unpaid parental leave will need to be submitted at least one

(1) month prior to the beginning of the planned leave.

32.2 Secondary Carer’s leave

(a) A Full-Time Employee:

(i) Whose Spouse, de facto Spouse or same sex Spouse has given

birth to a child; or

(ii) Who is the secondary care provider of a newly adopted child

Will be entitled to two (2) weeks of paid Secondary Carer’s leave at the

Employees Ordinary Rate.

(b) A Part-Time Employee will receive a pro rata entitlement of Secondary

Carer’s leave, based on average hours worked per week in the preceding

twelve (12) months.

within the first twelve (12) months of the birth, or adoption, of a child.

(d) The leave must be taken in a single unbroken period.

(e) This provision does not diminish the rights or provisions of an Employee

to unpaid parental leave as per the NES.

32.3 Primary Carer’s Leave

(a) A Full-Time Employee that will undertake responsibility as the primary

carer of a newborn child, or a newly adopted child, will be entitled to eight

(8) weeks salary/wages, including superannuation payments, at the

Employee’s Ordinary Rate.

(b) Part-Time Employees will receive a pro rata entitlement of Primary Carer’s

leave based on average hours worked per week in the preceding twelve

(12) months.

commencement of the leave period. The return to work plan aims to

identify the length of time the Employee will have off work, the intention of

the Employee returning to their substantive position and any other

relevant information. Council is aware that circumstances may change

during the period of Primary Carer’s leave, and will allow consultation

between the Employee and relevant direct supervisor or director should

this situation arise.

(d) Application to receive Primary Carer’s leave will need to be submitted at

Huon Valley Council Enterprise Agreement 2021 Page 45

least one (1) month prior to the beginning of the planned leave.

(e) Primary Carer’s leave cannot be used to extend the maximum period of

unpaid parental leave to which the Employee is entitled to as per Clause

32.1.

(f) This entitlement is in addition to any government funded provision.

32.4 Payment of Leave Entitlements

(a) Primary and Secondary Carer’s leave is paid on a fortnightly basis from

the commencement of the leave period.

(b) These entitlements may be taken at half the Ordinary Rate of pay for

twice the period with approval from the Employee’s relevant director.

32.5 Eligibility

(a) A Full-Time and Part-Time Employee is required to have been employed

with Council for a continuous period of at least twelve (12) months prior to

the period of leave.

33 DISCOUNTED CHILD CARE

33.1 General

(a) Discounted Child Care entitlements are attached to an individual child.

(b) In the case that both parents are an Employee of Council this provision is

treated as one (1) entitlement.

Employee of Council the provision remains one (1) entitlement, however,

if one (1) parent leaves employment of Council then the entitlement

remains with the child, as long as one (1) parent remains employed at

Council.

33.2 Entitlement

(a) An Employee will be entitled to a discount in child care fees levied by

Council operated Centre Based Care and Outside School Hours Care

facilities.

(b) An Employee will not be charged casual rates whilst attending child care

in Council operated facilities as long as they remain an Employee of

Council.

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Council at the time of enrolment) as well as exempt from the annual re-

enrolment fees (if they are employed by Council at the time of the charge

being levied).

(d) The rate of discount, received under this entitlement, may vary from year

to year. A detailed schedule of applicable discounts will apply and will be

detailed in Council’s annual budget; this information will be made

available to all staff. At all times the discount that an Employee is able to

receive under this clause shall not fall below ten (10) percent of the

advertised list price for Council’s Child Care services.

33.3 Eligibility

(a) An Employee is eligible for discount child care fees immediately upon

commencement of employment as per the provisions in Clause 33.

(b) A Casual Employee is only eligible for discount child care fees on days

they are working for Council.

elected to take Primary Carer’s leave, as per Clause 32.3, will only be

eligible for discounted child care fees on the completion of a further

twenty-four (24) months of continuous service.

34 LONG SERVICE LEAVE

34.1 General

(a) An Employee is entitled to Long Service Leave in accordance with the

Local Government (Building and Miscellaneous Provisions) Act 1993.

34.2 Taking Long Service leave

(a) An Employee who has qualified for a period of Long Service Leave shall

have the option of varying the manner in which payment for such leave

can be made as follows:

(i) A period of leave paid at the Ordinary Rate;

(ii) A period of leave debited at double the Ordinary Rate;

(iii) A period of leave debited at half the Ordinary Rate subject to the

approval of the General Manager and provided an Employee’s full

entitlement to long service leave is taken at the one (1) time, if this

option is utilised.

(b) Long Service leave will only be granted to an Employee in minimum

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periods of not less than thirty (30) consecutive days. Consecutive days

shall include Saturdays, Sundays, however, Public holidays are excluded.

consecutive days, approval will be considered on written application to the

General Manager stating reasons for this request.

(d) Access to taking Long Service accruals will be permitted after seven (7)

years of service.

(e) An Employee who has completed ten (10) years of service with Council

and has used their first round of Long Service leave will be able to take

any subsequent Long Service leave as it accrues subject to the terms in

Clause 34.2(b).

34.3 Direction to take long service leave

(a) If an Employee becomes entitled to long service leave, the General

Manager, by notice in writing, may direct the Employee to commence the

leave within twelve (12) months after the date of that notice.

34.4 Pro rata long service leave on termination

(a) An Employee with seven (7) completed years of service with Council will

be entitled to payment of pro-rata long service leave on termination of

employment, except where the employment is terminated by the dismissal

of the Employee by Council.

35 COMMUNITY SERVICE LEAVE

35.1 General

(a) An Employee is entitled to apply for community service leave in

accordance with the NES.

35.2 Jury Service

(a) A Full-Time and Part-Time Employee called upon for jury service shall be

granted leave and paid for leave of up to fifteen (15) days (pro rata for a

Part-Time Employee) per summons for Jury Service at the rate of

difference between the Employee’s Ordinary Rate and the remuneration

the Employee received for such service.

35.3 Emergency Services Leave

(a) A Full-Time Employee is entitled to two (2) weeks Emergency Service

leave per year (non-accumulative), without loss of income, to participate in

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approved voluntary emergency service activities within the municipal area.

(b) A Part-Time Employee is entitled to a pro rata entitlement based on the

average hours worked per week in the preceding twelve (12) months.

completed in writing to the General Manager.

(d) Emergency Services leave may also apply to emergencies outside the

municipal area at the General Manager’s discretion.

(e) An Employee may be entitled to paid emergency services leave if they

assist in an emergency whilst already on some other type of leave.

Payment for emergency services leave will be made on proof of service.

(f) An Employee, who has performed work for an emergency service, will be

entitled to a ten (10) hour break between the conclusion of work

performed for an emergency service and the commencement of duties

performed for Council on the following terms and conditions:

(i) Where a Full-Time or Part-Time Employee is called out to perform

work for an emergency service during Ordinary hours of work as

specified in Clause 8.2, and the service concludes during business

hours, the Employee must contact their direct supervisor, or

director, regarding their requirement to return to work.

(g) Where a Full-Time or Part-Time Employee is called out to perform work

for an emergency service outside of Ordinary hours of work as specified in

Clause 8.2, the Employee is entitled to a ten (10) hour rest break effective

from the time of the finished call out if they had not already had ten (10)

hours consecutive hours rest from the previous shift. i.e. a rest break only

applies if called out prior to 3:00am (a Office Employee) or 2:30am (a

Field Employee).

(i) The Employee must, at the first opportunity notify their direct

supervisor or director of the duties performed, the starting and

finishing times the service took place and the time the Employee

will return to work.

(ii) Where the Employee is entitled to a ten (10) hour break and does

not receive this entitlement due to Council requiring the Employee

to commence their duties, the Employee will be paid double (x2)

time until a ten (10) hour break has been taken.

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35.4 Defence Force Leave

(a) Where a Full-Time Employee is a member of the Defence Force

Reserves, they are entitled to have up to two (2) weeks paid defence

force leave an any year (non-accumulative), provided:

(i) They have notified their direct supervisor, or director, that they are

a member of the Defence Force Reserves prior to requesting the

leave; and

(ii) Reasonable notice has been given to minimise disruption to the

workplace; and

(iii) The request is accompanied by evidence that the Employee

is required to attend defence force training.

(b) A Part-Time Employee is entitled to a pro rata entitlement, based on

average hours worked per week in the preceding twelve (12) months.

director.

(d) A Full-Time and Part-Time Employee will receive their Ordinary Rate of

pay for the duration of the leave. In cases where the Defence Force pay

the Employee to attend training Council will pay any difference between

the Employee’s Ordinary Rate and that of the Defence Force.

(e) At the conclusion of a period of Defence Force leave, the Employee shall

produce documentary evidence of attendance at the training, together

with evidence of the remuneration received from the Defence Force

during the training period.

36 STUDY LEAVE

(a) Upon application, a Full-Time Employee undertaking study by

correspondence may be granted up to four (4) days paid study leave per

calendar year, or up to thirty-two (32) hours ‘in-work’ study time per

calendar year. A Part-Time Employee will be entitled to pro rata

entitlement based on average hours worked per week in the preceding

twelve (12) months.

(b) A Full-Time and Part-Time Employee undertaking a relevant course to

their current position and is required to attend classroom study offsite may

be granted study leave as per course requirements.

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cessation of employment. An Employee will not be provided with a

Council vehicle to travel to and from their place of study.

(d) In every case the approval of study leave will be at the relevant director’s

absolute discretion and considerations include:

(i) Council’s operational requirements;

(ii) The Employee undertaking an acceptable study load in their own

time;

(iii) The Employee making progress which is considered to be

satisfactory to Council with their studies as detailed in assessment

reports that are to be provided to the relevant manager detailing

the grades received for each assessable item;

(iv) A study plan being developed detailing class times;

(v) The course of study being directly relevant to the Employee’s

career path and professional development and of substantial value

to Council; and

(vi) Preference being given to flexible delivery of all courses of study.

37 OTHER LEAVE

(a) Paid leave may be granted under this clause, by application and approval

to the General Manager, on account of serious matters, for which no other

leave entitlement is available.

38 LEAVE WITHOUT PAY

(a) An Ongoing Employee can apply for up to twelve (12) months leave

without pay in special circumstances. Approval of leave without pay is at

the discretion of the General Manager and factors that will be considered

include, but are not limited to:

(i) The extent to which the relevant department/unit will be

inconvenienced;

(ii) Any future projects or Council’s objectives which the leave may

impact upon;

(iii) The reasons for taking such leave;

(iv) The amount of unpaid leave that has been requested;

Huon Valley Council Enterprise Agreement 2021 Page 51

(v) The costs (where applicable) of filling the position with a

replacement; and

(vi) The Employee’s past work performance and behaviour.

39 PUBLIC HOLIDAYS

39.1 Definitions

(a) A Public holiday means:

(i) New Year's Day, Australia Day, Royal Hobart Regatta, Eight Hour

Day, Good Friday, Easter Monday, Easter Tuesday, Anzac Day,

Queen's Birthday, Royal Hobart Show, Christmas Day and Boxing

Day; and any other day or part of a day that may be deemed to be

a statutory holiday by the application of the Statutory Holidays

Act 2000;

(b) Council and an Employee may agree to substitute a Public holiday as

provided by the NES with an alternative day.

39.2 Payment for Public holidays not worked

(a) An Employee, other than a Casual Employee, who is not required to work

their Ordinary hours of work on a Public holiday, is entitled to be paid their

Ordinary Rate for that day.

(b) A Part-Time Employee whose Ordinary hours of work do not fall on a

Public holiday is not entitled to be paid for that day.

where a Public holiday falls that day is not a Public holiday for such an

Employee for the purposes of this Clause.

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PART 7 – DISPUTE RESOLUTION AND CONSULTATION

40 DISPUTE SETTLEMENT PROCEDURE

(a) This clause sets out the procedure to settle a dispute if a dispute relates to:

(i) A matter arising under this Agreement;

(ii) The National Employment Standards (NES); or

(iii) A formal written warning.

(b) Clause 40(a)(iii) is conditional upon an Employee having first attempted to

resolve the dispute internally, as outlined in Council’s Issue Resolution

Procedure, and the General Manager, in absolute discretion, providing written

approval, which will not be unreasonably withheld, to the Employee allowing

FWC to deal with the dispute as outlined in Clause 40(f)(i) only.

purposes of the procedures in this term.

(d) In the first instance, the parties to the dispute must try to resolve the dispute at

the workplace level, by discussions between the Employee, or Employees, and

relevant supervisors and/or management.

(e) If discussions at the workplace level do not resolve the dispute, a party to the

dispute may refer the matter to FWC.

(f) FWC may deal with the dispute in two stages:

(i) FWC will first attempt to resolve the dispute as it considers

appropriate, including by mediation, conciliation, expressing an

opinion or making a recommendation; and

(ii) If FWC is unable to resolve the dispute at the first stage, they may

then:

(A) Arbitrate the dispute; and

(B) Make a determination that is binding on the parties.

(g) While the parties are trying to resolve the dispute using the procedures in this

term:

(i) An Employee must continue to perform work as they would

normally unless there is a reasonable concern about an imminent

risk to their health or safety; and

(ii) An Employee must comply with a direction given by their direct

Huon Valley Council Enterprise Agreement 2021 Page 53

supervisor, manager, director, or the General Manager to perform

other available work at the same workplace, or at another

workplace, unless:

(A) The work is not safe; or

(B) Applicable work health and safety legislation would not

permit the work to be performed; or

(D) There are other reasonable grounds for the Employee to

refuse to comply with the direction.

(h) Subject to any appeal, the parties to the dispute agree to be bound by a

decision made by FWC in accordance with this clause.

41 CONSULTATION

Consultation is a process which occurs prior to, not after the taking of a decision. It involves

real listening on both sides and has the capacity to influence the outcome.

41.1 Consultation on major change

(a) This term applies if:

(i) Council has made an in principle decision to introduce a major

change to production, program, organisation, structure, or

technology in relation to its enterprise; and

(ii) The change is likely to have a significant effect on an Employee, or

Employees, of the enterprise.

(b) Council must notify the relevant affected Employee, or Employees, of the

decision to introduce the major change.

which may include the Union, for the purposes of the procedures in this

term.

(d) If:

(i) A relevant Employee appoints, or relevant Employees appoint, a

representative, which may include the Union, for the purposes of

consultation; and

(ii) The Employee, or Employees, advise Council of the identity of the

representative

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Council must recognise the representative.

(e) As soon as practicable after making its decision, Council must:

(i) Discuss with the relevant Employee, or Employees:

(A) The introduction of the change; and

(B) The effect the change is likely to have on the Employee or

Employees; and

adverse effect of the change on the Employee, or

Employees; and

(ii) For the purposes of the discussion — provide, in writing, to the

relevant Employees:

(A) All relevant information about the change including the

nature of the change proposed; and

(B) Information about the expected effects of the change on the

Employee, or Employees; and

Employees.

(f) However, Council is not required to disclose confidential or commercially

sensitive information to the relevant Employee, or Employees.

(g) Council must give prompt and genuine consideration to matters raised

about the major change by the relevant Employee or Employees.

(h) If a term in this Agreement provides for a major change to production,

program, organisation, structure or technology in relation to the enterprise

of Council, the requirements set out in subclauses (b), (c) and (e) are

taken not to apply.

(i) In this term, a major change is likely to have a significant effect on an

Employee, or Employees, if it results in:

(i) The termination of the employment of Employees; or

(ii) Major change to the composition, operation or size of Council’s

workforce or to the skills required of Employees; or

(iii) The elimination, or diminution, of job opportunities (including

opportunities for promotion or tenure); or

(iv) The alteration of hours of work; or

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(v) The need to retrain Employees; or

(vi) The need to relocate Employees to another workplace; or

(vii) The restructuring of jobs.

(j) In this term, relevant Employees means the Employees who may be

affected by the major change.

41.2 Consultation on changes to regular rosters and hours of work

(a) Where Council proposes to change an Employee’s regular roster or

ordinary hours of work, Council must consult with the Employee, or

Employees, affected and their representatives, which may include the

Union, about the proposed change.

(b) Council must:

(i) Provide to the Employee, or Employees, affected and their

representatives, which may include the Union, information about

the proposed change (for example, information about the nature of

the change to the Employee’s regular roster or ordinary hours of

work and when that change is proposed to commence);

(ii) Invite the Employee, or Employees, affected and their

representatives, which may include the Union, to give their views

about the impact of the proposed change (including any impact in

relation to their family or caring responsibilities); and

(iii) Give consideration to any views about the impact of the proposed

change that are given by the Employee, or Employees, concerned

and/or their representatives, which may include the Union.

Employee has irregular, sporadic or unpredictable working hours.

(d) These provisions are to be read in conjunction with other Agreement

provisions concerning the scheduling of work and notice requirements.

42 CONSULTATIVE COMMITTEE

(a) A Consultative Committee may be established for the purposes of joint

consultation between management and Employee representatives, which will

include relevant Union Employee representatives and relevant Union Official, to

resolve and review matters arising from the implementation of this Agreement.

The composition of the committee will be determined, by mutual Agreement

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between Council and an Employee, as and when the matters arising from the

implementation of this Agreement are brought to the attention of the General

Manager.

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PART 8 – TERMINATION AND REDUNDANCY

43 TERMINATION OF EMPLOYMENT

43.1 Termination by an Employee

(a) An Employee may terminate their employment by giving Council notice in

accordance with Clause 43.2(a). Notice of termination must be in writing

to the Employee’s manager. This period may be varied by agreement at

the time of giving notice.

(b) If an Employee fails to give the required notice, Council may withhold,

from any monies due to the Employee on termination, an amount not

exceeding the amount the Employee would have been paid under this

Agreement in respect of the period of notice required by this clause less

any period of notice actually given by the Employee.

43.2 Termination by Council

(a) Council may terminate the employment of an Employee, for a valid

reason, by giving the Employee written notice in accordance with the table

below:

Employee’s period of continuous service with Council at the end of

the day the notice is given

Period

of notice

Not more than 1 year 1 week

More than 1 year but not more than 3 years 2 weeks

More than 3 years but not more than 5 years 3 weeks

More than 5 years 4 weeks

(b) An Employee whose employment is terminated by Council, and who is

over forty-five (45) years of age and has completed at least two (2) years’

continuous service with Council immediately before the termination, is

entitled to an additional one (1) weeks’ notice.

referred to in Clause 43.2(a) at the Full Rate of Pay.

(d) The notice requirements set out in Clauses 43.2(a) and (b) do not apply in

respect to an Employee whose employment is summarily dismissed under

Clause 43.4.

(e) The employment of an apprentice or Trainee can only be terminated

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following approval by the Tasmanian State Training Authority to suspend

or cancel a contract of training.

43.3 Job search entitlement

(a) Where Council has given notice of termination to an Employee, an

Employee must be allowed up to one (1) day time off without loss of pay

for the purpose of seeking other employment, except in the case of a

summary dismissal. The time off is to be taken at a time that is convenient

to the Employee after consultation with the Employee’s relevant direct

supervisor, or director.

43.4 Summary Dismissal

(a) Council may terminate an Employee’s employment summarily where that

Employee is guilty of Serious Misconduct as defined in the FW Act or any

regulations made under that Act.

43.5 Requirements on termination of employment

(a) An Employee is required to return:

(i) Documents in their possession or control relating in any way to any

trade secret and/or intellectual property and/or confidential

information, or the business or affairs of Council or any Council’s

related entity; and

(ii) All property and equipment belonging to Council by close of

business on the date of termination.

(b) Council will pay an Employee any amounts payable on termination

(including Redundancy Pay as set out in Clause 44.4) on the next Pay

Day.

44 REDUNDANCY

44.1 Definition of Redundancy

(a) A redundancy occurs where Council has made a definite decision that

Council no longer requires the job, done by the Employee, to be done by

anyone because of operational requirements and that decision leads to a

termination of the Employee’s employment, except where this is due to

ordinary and customary turnover of labour.

44.2 Transfer to lower paid duties

(a) Where an Employee has agreed to be transferred to lower paid duties, the

Huon Valley Council Enterprise Agreement 2021 Page 59

Employee shall be entitled to the same period of notice of transfer as

would have been the case if this employment had been terminated and

Council may at the General Manager’s discretion, make payment in lieu

thereof an amount equal to the difference between the former ordinary

time rate of pay and the new lower ordinary time rate for the number of

weeks of notice still owing.

44.3 Notice

(a) A person subject to this clause shall also be given a period of notice of

such redundancy of four (4) weeks, or payment in lieu of such notice.

(b) An Employee over forty-five (45) years of age shall be given one (1) extra

weeks’ notice, or payment in lieu of notice.

44.4 Redundancy Pay

(a) An Employee whose employment has been terminated for reasons of

redundancy, shall be entitled to the Redundancy Pay calculated on the

basis of:

Period of Continuous Service Redundancy
Pay

Less than one (1) year 0

More than one (1) year but less than two (2) years 4 weeks

More than two (2) years but less than three (3) years 6 weeks

More than three (3) years but less than four (4) years 9 weeks

More than four (4) years but less than five (5) years 12 weeks

More than five (5) years but less than six (6) years 15 weeks

More than six (6) years but less than seven (7) years 17.5 weeks

More than seven (7) years but less than eight (8) years 20 weeks

More than eight (8) years but less than nine (9) years 22.5 weeks

More than nine (9) years but less than ten (10) years 25 weeks

More than ten (10) years but less than eleven (11) years 27.5 weeks

More than eleven (11) years but less than twelve (12) years 30 weeks

More than twelve (12) years but less than thirteen (13) years 32.5 weeks

More than thirteen (13) years but less than fourteen (14) years 35 weeks

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More than fourteen (14) years but less than fifteen (15) years 37.5 weeks

More than fifteen (15) years but less than sixteen (16) years 40.0 weeks

More than sixteen (16) years but less than seventeen (17) years 42.5 weeks

More than seventeen (17) years but less than eighteen (18) years 45.0 weeks

More than eighteen (18) years but less than nineteen (19) years 47.5 weeks

More than nineteen (19) years but less than twenty (20) years 50.0 weeks

Twenty (20) years or greater 52.5 weeks

44.5 Outplacement Services

(a) For each completed year of continuous service an Employee may access

outplacement services, funded and administered by Council, of $500, up

to a maximum of $2,000.

44.6 Employee leaving during notice

(a) An Employee given notice of termination in circumstances of redundancy

may terminate their employment during the period of notice. The

Employee is entitled to receive the benefits, and payments, they would

have received under this clause had they remained in employment until

the expiry of the notice, but is not entitled to payment instead of notice.

44.7 Time off during notice period

(a) An Employee, given notice of termination in circumstances of redundancy,

must be allowed up to one (1) days’ time off, without loss of pay, during

each week of notice for the purpose of seeking other employment.

(b) If the Employee has been allowed paid leave for more than one (1) day

during the notice period for the purpose of seeking other employment, the

Employee must, at the request of Council, produce proof of attendance at

an interview or they will not be entitled to payment for the time absent. For

this purpose, a statutory declaration is sufficient.

44.8 Transfer of business

(a) Transfer of business has the meaning as set out in Part 2-8 – Transfer of

Business of the FW Act.

(b) If the Employee’s employment is transferred to another employer (the

second employer) and the second employer recognises the Employee’s

service with Council, the Employee is not entitled to redundancy pay

Huon Valley Council Enterprise Agreement 2021 Page 61

under Clause 44.4 in relation to the termination of their employment with

Council.

relation to the termination of their employment with Council (the first

employer) if:

(i) The Employee rejects an offer of employment made by the second

employer that:

(A) Is on terms and conditions substantially similar to, and,

considered on an overall basis, no less favourable than, the

Employee’s terms and conditions of employment with the

first Council immediately before the termination; and

(B) Recognises the Employee’s service with the first employer;

and

(ii) Had the Employee accepted the offer, there would have been a

transfer of employment in relation to the Employee.

44.9 Exemption to Pay Redundancy Pay

(a) There is no requirement for Council to pay Redundancy Pay to any

Employee where there is not a redundancy situation, or to an Employee:

(i) Who resign from their employment with Council;

(ii) Where their employment is terminated as a consequence of

conduct or capacity;

(iii) Who is engaged as a Casual Employee;

(iv) Who is engaged as a Temporary Employee;

(v) With continuous service with Council of less than twelve (12)

months;

(vi) Who are transferring an Employee within the meaning as per

Clause 44.8; or

(vii) Where Council obtains other acceptable employment and the

Employee accepts the position.

45 TRANSFER OF BUSINESS

(a) In this clause “business” includes trade, process, business or occupation

and includes part of any such business and includes transfer, outsourcing,

conveyance, assignment or success whether by agreement or by

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operation of law.

(b) Where a business, or part of a business, of Council is transferred from

Council to another employer (the new employer) and the Employee, who

at the time of such transfer, elects to become an Employee of the new

employer, Council undertakes to make reasonable attempt to ensure the

terms and conditions of employment, paid by the new employer, are no

less favourable than those applicable to each transferred Employee

immediately prior to the transfer of business occurring in accordance with

the Act.

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PART 9 – OTHER MATTERS

46 EMPLOYEE HEALTH AND FITNESS

46.1 Influenza shots

(a) Council will offer to immunise each Employee against influenza at no cost

to the Employee on an annual basis.

46.2 Gold Card

(a) An Employee, other than a Temporary Employee on an employment

contract of less than six (6) months, will, on request, be issued with a Gold

Card enabling discounted use of Council operated recreational facilities.

(b) Discount will apply to either single issue day entrance tickets or season

passes (Employee or family season pass). The discount given will amount

to 50% of the entrance cost or season pass.

Employee is present at the time of daily entry or time of purchase for

season passes.

(d) Entrance at the discount price will only be granted if the Employee

produces their Gold Card pass AND signs the discount book.

(e) On resignation, or retirement, the Employee must surrender their Gold

Card to their direct manager, or director.

(f) Discounts do not apply to fees associated with swimming lessons.

(g) Discounts do not apply to fees associated with coaching or other activities

not administered by Council.

(h) Discounts do not apply to fees associated with other Council operated

Youth Activities.

(i) For the purposes of this Agreement, Council’s current recreational

facilities include the Huonville Swimming Pool, the Port Huon Sports &

Aquatic Centre and the Cygnet Sports Centre.

46.3 Medical establishment discount

(a) An Employee, other than a Temporary Employee on an employment

contract of less than six (6) months, will be entitled to receive bulk-billing

at Council operated medical centres for standard consults only, known as

Item 23.

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(b) Bulk-billing will only apply to Employees and not family members.

card to receive bulk-billing.

47 EMPLOYEE ASSISTANCE PROGRAM

(a) Council will provide an Employee, and their Immediate Family, with an

Employee Assistance Program to enable an Employee to seek

confidential counseling or advice when they experience personal or work

related problems.

48 ANNUAL PERFORMANCE REVIEW

(a) Annual performance reviews are termed Personal Development Plans

(PDP).

(b) The primary intent of the PDP process is to encourage open, two-way

communication, provide useful feedback on job performance, support

professional development, and set meaningful goals.

(i) Evaluate performance against key competencies, established

goals, and organisation values;

(ii) Ensure position descriptions are an accurate reflection of the work

being undertaken and required;

(iii) Identify training opportunities;

(iv) Recognise key achievements over the preceding twelve (12)

months; and

(v) Set future goals and priorities, and, where required, improvement

targets.

(d) PDPs will be completed each year no later than 14 December.

(e) A past PDP may be considered in relation to salary increase request,

however, this is not the primary purpose of the PDP process.

49 EMPLOYEE REWARD & RECOGNITION

49.1 Awards for Excellence

(a) The Awards for Excellence Program recognises individuals and teams

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who have made a significant contribution to Council or have shown an

outstanding commitment to their work and to Council’s values. Award

recipients receive a framed certificate and a $50 voucher.

(b) Nominations can be made for achievement in two (2) areas of endeavour:

(i) Major Work Achievement Award;

Recognition for the achievement or a work related milestone.

Examples of achievement include the successful completion of a

major study program that directly relates to the Employee’s role at

Council or the completion of a major project or work responsibility

by an individual or team of Employees.

(ii) Quiet Achiever Award;

Recognition for an Employee who consistently make a positive

contribution to their team and who demonstrate a commitment to

Huon Valley Council’s values:

▪ Respect

▪ Teamwork

▪ Customer Service

▪ Integrity

▪ Continuous Improvement

▪ Safety

49.2 Years of Service

(a) A presentation in recognition of an Employees’ length of service to

Council will be conducted each year by the General Manager or their

delegate. An Employee that has completed the milestones in that year

prescribed in the table below will be eligible to receive the corresponding

gift from Council:

Years Maximum Gift Value

10 Certificate and $100 Gift Voucher

15 Certificate and $100 Gift Voucher

20 Certificate and $150 Gift Voucher

25 Certificate and $175 Gift Voucher

30 Certificate and $200 Gift Voucher

35 Certificate and $250 Gift Voucher

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40 Certificate and a watch / jewellery of the Employee’s choice to the

value of $300

45 Gift at the General Manager’s discretion

49.3 Professional Development

(a) To recognise the effort of an Employee that undertakes further education,

an Employee that completes a Certificate III, or higher, qualification while

employed at Council will receive a gift voucher to the value of $50.

50 UNION DELEGATES

50.1 Leave of absence to attend courses

(a) A union delegate, or an Employee representative, will be entitled to up to

five (5) days leave with pay each year, non-cumulative, to attend courses

conducted by accredited training provider which are specifically directed

towards effective dispute resolution.

(b) The Employee’s relevant direct supervisor or director and the individual

Employee will agree on the appropriate course and the timing of such

leave having regard to the operational requirements of Council.

reasonable opportunity to participate in negotiations regarding course

selection.

(d) The Employee taking such leave will be paid at their Full Rate of Pay.

(e) Leave of absence granted to pursuant to this clause will count as service

for all purposes of this Agreement.

50.2 Participation in dispute resolution meetings

(a) A union may make a request for a union delegate to accompany a union

organiser in the capacity of an observer in a dispute resolution meeting for

the purposes of training. Any request must be made to Council’s Human

Resources unit and attendance will be at the discretion of the relevant

manager convening the meeting.

51 TRANSITION TO RETIREMENT

(a) Council respects the rights of an Employee to make their own choices on

when they leave Council whilst at the same time recognising the value an

Employee has given to Council in terms of their organisational knowledge.

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In addition, Council recognises that leaving the workforce in retirement

after a long period of service can be dramatic for some people.

(b) An Employee who is approaching normal age of retirement is able to

apply to reduce their work commitments through a reduction in working

hours over a period of twelve (12) months with a consequential reduction

in salary. Approval of such application will be subject to there being

minimal disruption to operational coverage and service delivery.

for Transition to Retirement and the Employee will not suffer any

detriment as a result. The Employee's salary/wage and conditions will be

on a pro rata basis in accordance with normal part-time provisions. Under

special circumstance and by mutual agreement this period may be

increased. This reduced commitment in working hours may be matched

with the recruitment of a replacement.

(d) No Employee utilising Transition to Retirement shall suffer any

disadvantage in regard to their Long Service Leave entitlement. An

Employee’s accruals will be maintained at pre transition levels with any

subsequent LSL being accrued on a pro rata basis.

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SCHEDULE 1 - CLASSIFICATIONS

When determining the classification of a position, the position responsibilities should be
compared against the levels below and classified according to best fit. It is acknowledged that
not all positions will align perfectly to every criteria within a classification.

Office and Medical Establishment Employees

Level 1

Description Work at this level consists of work assignments that are often highly
repetitive in nature. Positions are generally focused on the provision
of customer service and may involve some administrative functions.
Work is performed within specific guidelines, under general
supervision, and limited by established standards, procedures and
instructions from others.

Education & Qualifications Preferred completion of Year 10.

Practical / Technical
Knowledge

Requires knowledge of standardised work routines and methods,
general facts and information, and/or the use of standard office
equipment. Knowledge is usually acquired through training on the
job.

Communicating &
Influencing skills

Requires reading and writing skills to a level sufficient with reading
simple documents and correspondence including memos, notices,
policies and procedures.

Courtesy and tact is required when dealing with internal and external
customers.

Influencing and persuading skills are not required at this level.

Management Skills Not required at this level.

Judgement & Problem
Solving

Positions at this level follow simple rules with detailed instructions.
Requires the prompt recall of specific learned information in simple,
stable and repetitive situations. Employee’s at this level do not
formulate or apply solutions that differ from established processes
and procedures.

Level 2

Description

Work at this level can be a combination of repetitive, semi-skilled
tasks that require previous practical/technical experience. An
Employee at this level will demonstrate initiative, show guidance to
others and work under limited supervision.

Education & Qualifications Preferred completion of Year 12;

Completion of, or commencement in, relevant certificate or diploma
level qualification and/or relevant extensive practical experience.

Practical / Technical
Knowledge

Requires knowledge for the application of practical methods and
techniques, work procedures and processes. Knowledge is typically
acquired through some form of specialised training.

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Communicating &
Influencing skills

Requires skills sufficient to read standardised correspondence or
produce routine documents including letters, emails and memos to
internal and external customers.

Requires the ability to give or exchange straight forward,
standardised information on a one-on-one or small group situation.
Courtesy, tact and effectiveness is required when dealing with
internal and external customers.

Influencing and persuading skills are not required at this level.

Management Skills Not required at this level.

Judgement & Problem
Solving

This position follows established rules and routines. The Employee
must identify solutions from a range of previously established options
and try to apply it directly to the problem.

Level 3

Description

An Employee in this level are recognised as being skilled within their
field and they may have a hands-on supervisory role. They will apply
their advanced skills to the job by exercising their discretion. An
Employee at this level will apply their advanced skills and knowledge
using various materials and / or specialised techniques.

Education & Qualifications Completion of relevant certificate or diploma level qualification and/or
relevant extensive practical experience.

Practical / Technical
Knowledge

Requires advanced knowledge for the application of methods,
techniques and processes. Knowledge is typically acquired through a
combination of training and practical work experience.

Communicating &
Influencing skills

Literacy at this level is sufficient with understanding detailed written
material, usually specialised in nature, such as the ability to read,
analyse and interpret general business documents or straight
forward government regulations. An Employee is required to produce
non-routine correspondence, or information documents that present
facts but do not give opinions or analysis.

Required to exchange information of a more complex or detailed
nature, to give explanations and elicit information; to speak and
present non-controversial, straightforward, factual information
effectively before groups of clients, the general public or other
Employees.

It may be necessary for an Employee at this level to cause
understanding in others and to influence or persuade others by
developing logical, well-reasoned arguments.

Management Skills

An Employee at this level may be required to supervise, direct and
provide guidance based on practical experience in conjunction with
more skilled and senior Employees.

Judgement & Problem
Solving

Semi-routine situations involving limited choice between established
routines and precedents. The Employee must identify a solution
among a range of similar, previously established options.

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Level 4

Description

An Employee at this level are more specialised and demonstrate
greater initiative. Established techniques and precedents will mainly
be used but sufficient knowledge is needed to determine when
routine actions are inappropriate. Under limited supervision from
higher level professionals, an Employee exercises individual
judgement in the application of principles, techniques and methods.

Education & Qualifications Completion of relevant certificate or diploma level qualification and/or
relevant extensive practical experience;

or: Bachelor Degree in a relevant field

Practical / Technical
Knowledge

Requires broad or specialised knowledge of methods, techniques
and processes with some knowledge of basic theoretical
background. Knowledge is typically acquired through advanced
specialised training or broad practical work experience.

Communicating &
Influencing skills

An Employee at this level understands detailed written material,
usually of a specialised nature such as the ability to read, analyse
and interpret general business documents, technical procedures or
straight forward government regulations. They can produce non-
routine correspondence or information documents that present facts
but do not give opinions or analysis.

Requires the ability to respond to complex enquiries or complaints
from clients, regulatory agencies, suppliers, members of the
business community or general public.

An Employee at this level have the ability to gain cooperation from
others to achieve a specific immediate outcome. They are able to
reflect empathy with others, be aware of body language and to
gauge emotions.

Management Skills

An Employee at this level may be required to schedule, organise,
and control allocated resources to achieve specific results.

Judgement & Problem
Solving

An Employee is confronted with a variety and diversity of problems
which need to be analysed before it is possible to select the
appropriate solution or combination of solutions which are based on
past experiences.

Level 5

Description

An Employee at this level require skills obtained through tertiary
studies or through extensive work experience. Positions will have a
management emphasis or provide specialised services. Precedent
cannot always be relied upon to resolve operational problems and
some degree of innovation in developing solutions may be required.
As a professional practitioner, the Employee performs normal
professional work under general guidance and performs work which
can be novel, complex or critical. Work may involve the
management of projects from implementation to completion.

Education & Qualifications Completion of Diploma or Bachelor Degree in a relevant field and/or
extensive experience.

Practical / Technical
Knowledge

Requires sufficient knowledge in a technical or specialised field built
on an understanding of theoretical concepts and principles.
Knowledge is acquired through professional or academic
qualification or through extensive practical experience.

Huon Valley Council Enterprise Agreement 2021 Page 71

Communicating &
Influencing skills

An Employee at this level understands detailed written material of a
specialised nature such as the ability to read, analyse and interpret
general business documents, technical procedures or government
regulations. Employees are required to produce non-routine
correspondence or information documents that present facts but do
not give opinions or analysis.

An Employee is able to effectively present material that can include
some subjective assessment to more senior Employees, clients and
the general public.

An Employee at this level requires the ability to inform, influence,
and motivate others to a particular point of view. Persuasiveness
and tactful assertiveness is required to cause actions and gain
acceptance from others.

Management Skills

An Employee at this level is responsible for planning, organising and
coordinating resources to ensure the achievement of results over an
annual operating plan.

Judgement & Problem
Solving

Situations to be resolved include circumstances, facts, and issues
that are different from those encountered in the past. An Employee
is required to consider alternative courses over time and evaluate
their consequences. Solutions are formulated through the use of
expert advice, trial, and by monitoring and modifying methods.

Level 6

Description

An Employee at this level performs autonomous specialist work that
is novel, complex or critical. Work performed requires planning and
implementation of objectives within the context of established
policies. Managerial skills or specialised professional expertise is
needed to assist with the development of policy. Strong project
management skills are also required.

Education & Qualifications Completion of Diploma or Bachelor Degree in a relevant field and/or
extensive experience.

Practical / Technical
Knowledge

Broad and deep knowledge in a field of expertise requiring a strong
command of diverse practices and principles. Knowledge is
acquired through very deep and/or broad work experience typically
combined with an academic/professional qualification.

Communicating &
Influencing skills

An Employee at this level understands detailed written material of a
specialised nature and can produce non-routine correspondence or
other documents that give an analysis of facts with limited subjective
opinion.

May be responsible for writing specialised reports or non-routine
correspondence that provides opinion and analysis. An Employee
has the ability to read, analyse and interpret professional journals,
financial reports or complex legal documents. They may need to
respond to complex enquires or complaints from clients, regulatory
agencies or members of the business community.

An Employee at this level has the ability to inform, influence, gain
cooperation from, persuade and motivate others to a particular point
of view so as to have effect for the longer term. An Employee is able
to effectively present material that can include some subjective
assessment to more senior Employees, clients and the general
public.

Huon Valley Council Enterprise Agreement 2021 Page 72

Management Skills

An Employee at this level is responsible for the supervision of
professionals at lower levels or for the management two or more
discrete functional areas within Council.

Judgement & Problem
Solving

An Employee at this level may be faced with complex and novel
situations that requires extensive thought and research. An
Employee develops methods based on extensive experience to
formulate solutions.

Level 7

Description

An Employee at this level has significant business experience inside
and/or outside Council and provide leadership to multiple disciplines.
They work at a level that requires planning and implementation of
objectives within the context of established Corporate policies. Novel,
complex or critical work is performed under broad policy control and
in the absence of guidance regarding the technical aspects of the
work. High level project management skills are necessary at this
level.

An Employee at this level will be responsible for the output and
control of a department or work area that is of significant importance
to Council. It is likely that positions classified at this level report
directly to the General Manager.

Education & Qualifications Bachelor Degree in a relevant field or comprehensive relevant
practical experience.

Practical / Technical
Knowledge

Requires diverse, cumulative knowledge and/or fundamental
understanding of concepts, principles and practices. Knowledge is
acquired through comprehensive business experience or significant
development in a specialised field.

Communicating &
Influencing skills

Literacy is to a level where specialised reports or non-routine
documents giving opinions and analysis are to be written or where
specialised written material, possibly needing a degree of subjective
interpretation, needs to be read.

Interaction with others is primarily concerned with influencing,
developing and motivating people and changing behaviour. An
Employee at this level requires well developed abilities to persuade
others to do things that they had not intended to. The ability to
effectively negotiate with internal and external stakeholders may also
be required at this level.

Management Skills

An Employee at this level is responsible for integrating several
business units with a focus on the optimisation of resources rather
than maximising against a single objective. They are required to look
beyond immediate operational matters and anticipate and formulate
responses to longer term business issues through a strategic focus.

Judgement & Problem
Solving

An Employee at this level may be confronted with situations where
there is little or no direct precedent and it is frequently necessary to
confront the unknown. Requires original and creative solutions to
resolve problems.

Huon Valley Council Enterprise Agreement 2021 Page 73

Criteria for Increment Increases

Increment Level Range Description

Band 1 Competent An Employee in this range has sufficient experience
and/or training to carry out their assigned duties
under general direction. They perform the job
competently and meet expectations.

An Employee’s behaviours align to workplace
values.

Band 2 Accomplished An Employee in this range performs specialist or
non-routine tasks beyond the general expectations
of the role, and assigned duties are regularly
performed more efficiently or to a higher standard
than required.

An Employee requires general guidance or
direction and exercise some initiative and
judgement in carrying out their duties.

An Employee at this level provides
assistance and/or guidance to employees at lower
levels.

An Employee’s behaviours align to workplace
values and they contribute to a positive workplace
culture.

Band 3 Advanced An Employee in this range has achieved a high
level of organisation or industry specific knowledge
and consistently performs their role more efficiently
and to a higher standard than required.

An Employee requires limited guidance and
regularly exercises sound initiative and judgement
in carrying out their duties.

An Employee at this level provides expert
assistance and/or guidance to other employees,
and is recognised for developing efficiencies,
process improvements and standards of
excellence within their role.

An Employee’s behaviours align to workplace
values and they contribute to a positive workplace
culture.

Band 4 Superior An Employee in this range has achieved an
outstanding level of organisation or industry
specific knowledge and consistently perform all
aspects of their role more efficiently and to a
higher standard than required.

An Employee requires limited guidance and
consistently exercises sound initiative and
judgement in carrying out their duties.

An Employee at this level provides expert
assistance and/or guidance to other employees,
and is recognised for developing significant
efficiencies, process improvements and standards
of excellence within their role.

An Employee’s behaviours align to workplace
values and they contribute to a positive workplace
culture.

Huon Valley Council Enterprise Agreement 2021 Page 74

Band 5 Distinguished An Employee in this range has achieved an
outstanding level of organisation and industry
specific knowledge that is widely
recognised across the organisation and other
relevant networks. They consistently perform all
aspects of their role more efficiently and to a higher
standard than required.

An Employee requires limited guidance and
consistently exercises sound initiative and
judgement in carrying out their duties.

An Employee’s behaviours align to workplace
values and they contribute to a positive workplace
culture.

Huon Valley Council Enterprise Agreement 2021 Page 75

Field, Waste Transfer Station and Recreation Centre Employees

Level 1

Description

Completion of semi-skilled manual work activities that are routine,
clearly defined and require the utilisation of basic skills.

Education & Qualifications Minimum preferred completion of Year 10.

Communication and
Interpersonal Skills

An Employee at this level requires verbal communication skills to
enable them to effectively communicate with Employees and
members of the public.

Specialist Skills Obtained through on-the-job training and workplace induction training.
Skills required will be at a sufficient level to undertake general
cleaning duties or basic recreation centre duties.

Management Skills Not required at this level

Judgement and Problem
Solving

Required to exercise minimal judgement within established practices
and procedures.

An Employee requires the ability and awareness to maintain safe
working environments/practices. An Employee may resolve minor
problems that relate to immediate work tasks.

Plant, Machinery and
Equipment Operation

Includes but is not limited to:

a) Vehicle not more than 4.5 tonne GVM.

b) Safe operation and maintenance of selected hand tools and
equipment that requires basic operation rather than technical skills.

c) Cash registers.

Level 2

Description

Completion of routine and standardised tasks involving the utilisation
of a range of basic skills under established practices and procedures.

Education & Qualifications Minimum preferred completion of Year 10; Basic vocational training
e.g. pre apprenticeship, Traineeship certificate.

Communication and
Interpersonal Skills

An Employee at this level requires verbal communication skills to
enable them to effectively communicate with Employees, contractors
and members of the public and in the resolution of minor matters.

Specialist Skills Obtained through on-the-job training and workplace induction training.
May include off-the-job training through accredited short courses.
Skills required will be at a sufficient level to undertake general
labouring duties or intermediate recreation centre duties.

Management Skills Not required at this level

Huon Valley Council Enterprise Agreement 2021 Page 76

Judgement and Problem
Solving

Judgment is limited to the tasks to be performed and may involve the
use of a limited range of tools, techniques and methods within a
specified range of work. An Employee requires the ability and
awareness to maintain safe working environments/practices. An
Employee may resolve minor problems that relate to immediate work
tasks.

Plant, Machinery and
Equipment Operation

Includes but is not limited to:

a) Vehicle not more than 15 tonne.

b) Operation of small plant and equipment or hand tools that require
basic operation rather than technical skills i.e. bitumen sprayer,
vibrating roller, brush cutter, chainsaw etc

c) Cash registers.

Level 3

Description

An Employee at this level demonstrate strong technical skills and are
responsible for the completion of specialised, regularly occurring tasks
with general guidance on a daily basis. An Employee may be required
to organise their own schedule of work.

Education & Qualifications Minimum preferred completion of Year 10 with basic vocational
training e.g. pre apprenticeship, Traineeship certificate an advantage

Communication and
Interpersonal Skills

An Employee at this level requires verbal communication skills to
enable them to effectively communicate with Employees, contractors
and members of the public and in the resolution of minor matters.

Specialist Skills Application of developed skills acquired through on-the-job training or
accredited external training over a number of months. Skills required
will be sufficient to undertake a range of duties including, but not
limited to, basic concreting and construction, tree falling, interpreting
plans as well as advanced recreation centre duties.

Management Skills

An Employee at this level may provide direction and basic on-the-job
training to Employees at a lower level.

Judgement and Problem
Solving

Personal judgment is required to follow predetermined procedures
where a choice between more than two options is present. An
Employee requires the ability and awareness to maintain safe working
environments/practices. Work performed falls within general
guidelines but with scope to exercise discretion in the application of
established practices and procedures.

Plant, Machinery and
Equipment Operation

Includes but is not limited to:

a) Vehicle not more than 24 tonne GVM requiring medium rigid or
heavy rigid licence where non complex or non specialised
operation is required.

b) Operation of small to medium plant and equipment not more than
14 tonne i.e. excavator, backhoe, hydra mower. Satisfactory
certificates or competency assessments required.

c) Cash registers.

d) General office equipment.

Huon Valley Council Enterprise Agreement 2021 Page 77

Level 4

Description

Completion of specialised and complex work with limited guidance.
May supervise work or provide on-the-job training, based on their
skills and/or experience, to Employees of the same or lower levels.

Education & Qualifications Qualifications or relevant experience in accordance with the
requirements of work in this level which may be acquired through:

(a) a trade certificate or equivalent;

(b) completion of accredited/industry-based training courses
equivalent to a Certificate IV (non-trade); and/or

Communication and
Interpersonal Skills

An Employee at this level requires the ability to exchange information
of a more complex or detailed nature. Persuasive communication
skills may be required to participate in specialised discussions to
resolve operational issues.

Specialist Skills Application of highly developed technical skills acquired through
extensive practical experience. An Employee at this level perform a
range of specialist and complex tasks including advanced concreting
and construction duties.

Management Skills

Provide Employees with on-the-job training, guidance and basic
knowledge of workplace policies and procedures. An Employee may
lead small groups of Employees at the ‘work face’.

Judgement and Problem
Solving

The nature of the work is clearly defined with procedures well
understood. Tasks performed may involve selection from a range of
existing techniques, systems, equipment, methods or processes.
Employees require the ability and awareness to proactively identify
hazards and solutions in relation to WHS matters.

Plant, Machinery and
Equipment Operation

Includes but is not limited to:

a) Heavy combination vehicle over 24 tonne GCM (incl. trailer)
where complex or specialised operation may be required.

b) Operation of large plant and equipment more than 14 tonne that
require high levels of skill and experience. Satisfactory
certificates or competency assessments required.

c) Regular operation of multiple (3 or more) pieces of medium plant
and equipment up to 14 tonne that require medium to high levels
of skill and experience. Satisfactory certificates or competency
assessments required.

d) Cash registers

e) General office equipment

Level 5

Description

The exercise of discretion within standard practices and processes
and may involve the exercise of high precision occupational skills
using various specialised techniques, systems, equipment, methods
or processes. Responsible for leading Employees in operational
duties or the application of technical skills.

Huon Valley Council Enterprise Agreement 2021 Page 78

Education & Qualifications Positions require thorough working knowledge and experience of all
work procedures for the application of technical, trades based upon
suitable certificate or post-certificate level qualifications which may
include:

(a) post-trade certificate and/or other post-secondary qualification
below diploma or degree; or

(b) extensive knowledge and skill gained through on-the-job training in
accordance with the requirements of the work in this level.

Communication and
Interpersonal Skills

Persuasive communication skills are required to participate in
specialised discussions to resolve issues, including explaining policy
to the public and/or others and reconciling different points of view.

Specialist Skills Specialist knowledge in a number of advanced skill areas relating to
the more complex elements of specialist disciplines either through
formal training programs or on-the-job training.

Management Skills

Requires skills in coordinating a team of Employees, to motivate and
monitor performance against work outcomes. Positions may lead
large groups of Employees at the ‘work face’.

Judgement and Problem
Solving

Skills to solve problems which require assessment of a range of
options having elements of complexity in reaching decisions and
making recommendations. The nature of the work is clearly defined
with procedures well understood. Tasks performed may involve
selection from a range of existing techniques, systems, equipment,
methods or processes. For supervisors, work processes often require
the quantification of the amount of resources needed to meet those
objectives. An Employee at this level requires the ability to, and are
responsible for, implementing and monitoring safe work practices.

Plant, Machinery and
Equipment Operation

Required to be proficient in, or have a strong understanding of, the
operational use of a range of specialised plant, machinery and
equipment.

Level 6

Description

May be responsible for providing a specialised/technical service or for
completing work with elements of complexity. Positions may provide
local decisions, direction, leadership and on-the-job training to
supervised Employees or groups of Employees.

Education & Qualifications Positions require working knowledge and experience of all work
procedures for the application of technical or trades skills in the most
complex areas of the job and suitable qualifications, which may
include:

(a) diploma or advanced diploma; or

(b) appropriate in-house training or equivalent.

Communication and
Interpersonal Skills

Skills to communicate with an Employee in a lower level and the
public. An Employee in this level may be expected to write detailed
and non-standard reports and correspondence in their field of
expertise.

Huon Valley Council Enterprise Agreement 2021 Page 79

Specialist Skills An Employee has advanced knowledge and skills in a number of
areas where analysis of complex options is involved.

Management Skills

May provide higher level supervision of groups of operational, trades
or technical Employees. An Employee supervised may be in a number
of different work areas, requiring motivation, monitoring, managing
and co-ordination to achieve specific outputs. Positions may require
an understanding and implementation of relevant employment policies
and practices.

Judgement and Problem
Solving

Judgment and problem solving skills are required where there is a
lack of definition requiring analysis of a number of options. Typical
judgments may require variation of work priorities and approaches;
some creativity and originality may be required. Guidance and
counsel may be available within the time available to make a choice.
An Employee at this level may be responsible for implementing and
monitoring safe work practices.

Plant, Machinery and
Equipment Operation

Required to be proficient in, or have a strong understanding of, the
operational use of a range of specialised plant, machinery and
equipment.

Level 7

Description

Provides specialist technical services to complete tasks or projects in
consultation with senior Employees. May make internal and external
recommendations which represent the employer to the public and/or
other organisations. An Employee is accountable for the quality,
effectiveness, cost and timeliness of projects or work plans under their
control and for the safety and security of assets being managed.

Education & Qualifications Skills and knowledge is acquired through the completion of a trade
certificate or through considerable and specialised practical
experience.

Communication and
Interpersonal Skills

Persuasive skills are required to participate in technical discussions to
resolve problems and reconcile viewpoints.

Specialist Skills Positions require considerable knowledge and a level of skill in a
specific area to resolve issues having elements of complexity which
may not be clearly defined.

Management Skills

An Employee at this level requires strong project management skills
including operational, human resource and financial planning.

Judgement and Problem
Solving

Problems require assessment of a range of options having elements
of complexity in reaching decisions and making recommendations.
Precedent is available from the employer’s internal sources, and
assistance is usually available from other specialist technical
Employees in the work area. An Employee at this level may be
responsible for implementing and monitoring safe work practices.

Plant, Machinery and
Equipment Operation

Required to be proficient in, or have a strong understanding of, the
operational use of a range of specialised plant, machinery and
equipment.

Huon Valley Council Enterprise Agreement 2021 Page 80

Criteria for Increment Increases

Increment Increase Range Description

Band 1 Competent An Employee in this range has sufficient
experience and/or training to carry out their
assigned duties under general direction. They
perform the job competently and meet
expectations.

An Employee’s behaviours align to workplace
values.

Band 2 Advanced An Employee in this range has achieved a high
level of organisation or industry specific knowledge
and consistently performs their role more efficiently
and to a higher standard than required.

An Employee requires limited guidance and
regularly exercises sound initiative and judgement
in carrying out their duties.

An Employee’s behaviours align to workplace
values and they contribute to a positive workplace
culture.

Band 3 Superior An Employee in this range has achieved an
outstanding level of organisation or industry
specific knowledge and consistently perform all
aspects of their role more efficiently and to a
higher standard than required.

An Employee requires limited guidance and
consistently exercises sound initiative and
judgement in carrying out their duties.

An Employee’s behaviours align to workplace
values and they contribute to a positive workplace
culture.

Huon Valley Council Enterprise Agreement 2021 Page 81

Child Care Employees

Level 2

Description

An Employee in this level demonstrates strong technical skills
learned through previous practical experience. They assist in the
delivery of children’s services programs under established practices
and procedures. Work is monitored under supervision either
individually or in a team environment.

Education & Qualifications Completion of, or working towards, a Certificate III Children’s
Services.

Communication and
Interpersonal Skills

An Employee at this level requires strong written and verbal
communication skills to enable them to effectively communicate with
other Employees and parents of children. They require age
appropriate communication skills to enable them to engage with
children on an individual or group basis. An Employee at this level
may be required to report observations on individual or groups of
children.

Specialist Skills Requires demonstrated competence in a number of key skill areas
related to major elements of the job. Proficiency in the application of
standardised procedures and practices.

An Employee is required to provide direct assistance in the
preparation and implementation of early childhood programs.
Required the ability to work closely with individual and groups of
children through facilitating play and fostering cognitive development.
Required to support the emotional, psychological, social and
language development of children.

A detailed understanding of the application of legislative procedures
is a requirement of this position. An Employee will need to
understand and work within NQF requirements and centre policy. An
Employee at this level is recognised by NQF authorities.

Management Skills Not required at this level.

Judgement and Problem
Solving

Judgment is limited to the tasks to be performed and may involve the
use of a limited range of tools, techniques and methods within a
specified range of work. An Employee requires the ability and
awareness to maintain a safe environment for children. An Employee
may resolve minor problems that relate to immediate work tasks.

Level 3

Description

An Employee in this level is recognised as being skilled within their
field and demonstrate initiative while working under limited
supervision. They are qualified and may be in charge of
junior/unqualified staff and accept responsibility. They will apply their
strong skills to the job by exercising their discretion.

Education & Qualifications Completion of Diploma Children’s Services;

or: currently undertaking a Diploma Children’s Services with an
approval from a relevant authority to act in a qualified position.

Huon Valley Council Enterprise Agreement 2021 Page 82

Communication and
Interpersonal Skills

An Employee at this level requires communication skills to enable
them to effectively liaise with other Employees and parents of
children in their care. They require age appropriate communication
skills to enable them to engage with children on an individual or
group basis. An Employee will require skills to enable them to
resolve minor matters.

Requires reading and writing skills sufficient to write routine
correspondence or standard reports and complete programs and
development reports. In conjunction with senior staff, an Employee
will develop, plan, implement and evaluate a developmental early
childhood program.

Specialist Skills Requires demonstrated competence in a number of key skill areas
related to major elements of the job. Proficiency in the application of
standardised procedures and practices.

Interpretive application of legislative procedures is a requirement of
this position. Employees will need to understand and act in
accordance with NQF requirements. An Employee at this level is
recognised by NQF authorities.

Management Skills

Provide on the job training, guidance and advice to unqualified staff
based on practical experience in conjunction with more skilled
Employees. An Employee in this position is required to ensure a safe
environment is maintained for both staff and children.

Judgement and Problem
Solving

The nature of the work is clearly defined with procedures well
understood. Tasks performed may involve selection from a range of
existing techniques, systems, methods or processes. Guidance is
available from more senior staff. An Employee requires the ability
and awareness to maintain a safe environment for children.

Level 4

Description

An Employee at this level has significant on-the-job experience as a
qualified childcare worker and demonstrate greater initiative.
Established techniques and precedents will mainly be used but
sufficient knowledge is needed to determine when routine actions are
inappropriate. Under limited supervision from higher level
professionals, an Employee exercises individual judgement in the
application of principles, techniques and methods. Positions at this
level are eligible to be placed in charge of an approved service.

Education & Qualifications Completion of Diploma Children’s Services

Communication and
Interpersonal Skills

Huon Valley Council Enterprise Agreement 2021 Page 83

Specialist Skills Requires demonstrated competence in a number of key skill areas
related to major elements of the job. Proficiency in the application of
standardised procedures and practices.

Management Skills

Judgement and Problem
Solving

Level 5

Description

An Employee in this grade is recognised as being highly skilled
within their field. They will apply their advanced skills to the job by
exercising their discretion. An Employee at this grade will take
responsibility, in consultation with senior staff, for the preparation,
implementation and evaluation of a development program for
children in their care. Positions at this level are eligible to be placed
in charge of an approved service.

Education & Qualifications Completion of Diploma Children’s Services.

Communication and
Interpersonal Skills

An Employee at this level requires the ability to exchange information
of a more complex or detailed nature.

An Employee has the ability to respond to general enquiries or
complaints from family members, regulatory agencies and suppliers,
members of the business community or general public. They require
age appropriate communication skills to enable them to engage with
children on an individual or group basis.

Persuasive communication skills are required to participate in
specialised discussions to resolve issues. Requires reading and
writing skills sufficient to write standard reports and complete
planning programs and development reports.

Actively contributes to the development of the policies. Required to
plan and implement advanced programs, including those for children
with disabilities and children from non-English speaking
backgrounds.

Requires intermediate computer usage with the ability to adapt to
and use specialised systems.
Interpretive application of legislative procedures is a requirement of
this position. Employees will need to understand and act in
accordance with NQF requirements. Employees at this level are
recognised by NQF authorities.

Huon Valley Council Enterprise Agreement 2021 Page 84

Assume day-to-day responsibility for a program including associated
equipment, monies and attendance records.

Management Skills

An Employee will have supervisory requirements and may delegate
duties to other staff members. Requires skills in coordinating a team
of Employees while motivating and monitoring performance against
work outcomes.

May be required to assist the Team Leader and assume the
responsibility of this position in their absence.

Requires an understanding of, and the ability to apply and work
within, a budget.

An Employee in this position coordinates work health and safety
programs, planning and staff training.

Judgement and Problem
Solving

Semi-routine situations involving limited choice between established
routines and precedents. e.g. looking to experience to provide the
answer. The Employee must identify a solution among a range of
similar, previously established options. An Employee requires the
ability and awareness to maintain a safe environment for children.

Level 6

Description

Positions will have a supervisory or management emphasis. An
Employee in this level is responsible for the implementation of
educational programs within a service and supervise the
implementation of appropriate programs. Precedent cannot always
be relied upon to resolve operational problems and some degree of
innovation in developing solutions may be required. As a
professional practitioner, the Employee performs normal professional
work under general guidance and performs work which is novel,
complex or critical. Positions at this level are eligible to be placed in
charge of an approved service.

Education & Qualifications Completion of Diploma Children’s Services.

Communication and
Interpersonal Skills

An Employee in this level is expected to understand and write
detailed and non-standard reports and correspondence in their field
of expertise.

An Employee has the skills to communicate with Employees in lower
levels and display persuasive skills required to participate in
technical discussions to resolve problems and reconcile viewpoints.

Huon Valley Council Enterprise Agreement 2021 Page 85

Specialist Skills Positions require considerable knowledge and a level of skill in a
specific area to resolve issues having elements of complexity which
may not be clearly defined.

Requires intermediate computer usage with the ability to adapt to
and use specialised systems.
Interpretive application of the law or legislative procedures is a
requirement of this position. An Employee will need to understand
and act in accordance with NQF requirements. An Employee at this
level is recognised by NQF authorities and are required to assist with
the management and compliance all statutory requirements

Assume day-to-day responsibility for the educational program.

Management Skills

An Employee in this position may be responsible for planning and
implementing an ongoing program as well as coordinating and
directing activities of Employees engaged in the implementation and
evaluation of developmentally appropriate programs.

Requires an understanding of, and the ability to apply and work
within, a budget.

Requires intermediate computer usage with the ability to adapt to
and use specialised systems.
An Employee in this position coordinates work health and safety
programs, planning and staff training.

Judgement and Problem
Solving

Problems require assessment of a range of options having elements
of complexity in reaching decisions and making recommendations.
Precedent is available from the employer’s internal sources, and
assistance is available from other specialist Employees in the work
area. An Employee requires the ability and awareness to maintain a
safe environment for children.

Level 7

Description

Positions may be responsible for educating pre kinder children.
Precedent cannot always be relied upon to resolve operational
problems and some degree of innovation in developing solutions
may be required. As a professional practitioner, the Employee
performs normal professional work under general guidance and
performs work which is novel, complex or critical. An Employee at
this level is qualified and may have a hands-on supervisory role for
both qualified and unqualified workers. An Employee will be
responsible for the implementation and supervision of appropriate
programs. Positions at this level are eligible to be placed in charge of
an approved service.

Education & Qualifications Completion of Early Childhood Education Degree or a Bachelor
Degree in an approved relevant field.

Huon Valley Council Enterprise Agreement 2021 Page 86

Communication and
Interpersonal Skills

An Employee in this level is expected to understand and write
detailed and non-standard reports and correspondence in their field
of expertise including childhood development programs.

An Employee has the ability to respond to general enquiries or
complaints from family members, regulatory agencies, members of
the business community or general public. They require age
appropriate communication skills to enable them to engage with
children on an individual or group basis.

An Employee have the skills to communicate with Employees in
lower levels and display persuasive skills required to participate in
technical discussions to resolve problems and reconcile viewpoints.

Specialist Skills Positions require considerable knowledge and a level of skill in a
specific area to resolve issues having elements of complexity which
may not be clearly defined.

Management Skills

An Employee in this position coordinates and directs activities of
Employees engaged in the implementation and evaluation of
developmentally appropriate programs

An Employee in this position coordinates occupational health and
safety programs, planning and staff training.

Judgement and Problem
Solving

Problems require assessment of a range of options having elements
of complexity in reaching decisions and making recommendations.
Precedent is available from the employer’s internal sources, and
assistance is usually available from other specialist Employees in the
work area. An Employee requires the ability and awareness to
maintain a safe environment for children.

Criteria for Increment Increases

Increment Level Range Description

Band 1 Competent An Employee in this range has sufficient
experience and/or training to carry out their
assigned duties under general direction. They
perform the job competently and meet
expectations.

An Employee’s behaviours align to workplace
values.

Band 2 Advanced An Employee in this range has achieved a high
level of organisation or industry specific knowledge
and consistently perform their role more efficiently
and to a higher standard than required.

An Employee requires limited guidance and
regularly exercises sound initiative and judgement

Huon Valley Council Enterprise Agreement 2021 Page 87

in carrying out their duties.

An Employee’s behaviours align to workplace
values and they contribute to a positive workplace
culture.

An Employee requires limited guidance and
consistently exercise sound initiative and
judgement in carrying out their duties.

An Employee’s behaviours align to workplace
values and they contribute to a positive workplace
culture.

Huon Valley Council Enterprise Agreement 2016 Page 88

SCHEDULE 2 - REMUNERATION

Office and Medical Establishment Employees

Band

Salary as at
first full pay
after 1 July

2021

Salary as at
first full pay
after 1 July

2022

Salary as at
first full pay
after 1 July

2023

Salary as at
first full pay
after 1 July

2024

Level 1 1 $ 51,717.84 $ 53,140.08 $ 54,601.43 $ 56,239.48

2 $ 53,498.77 $ 54,969.98 $ 56,481.66 $ 58,176.11

3 $ 55,279.69 $ 56,799.88 $ 58,361.88 $ 60,112.73

4 $ 57,060.61 $ 58,629.78 $ 60,242.10 $ 62,049.36

5 $ 58,841.54 $ 60,459.68 $ 62,122.32 $ 63,985.99

Level 2 1 $ 60,622.46 $ 62,289.58 $ 64,002.54 $ 65,922.62

2 $ 61,810.39 $ 63,510.17 $ 65,256.70 $ 67,214.40

3 $ 62,998.32 $ 64,730.77 $ 66,510.87 $ 68,506.19

4 $ 64,186.25 $ 65,951.37 $ 67,765.03 $ 69,797.98

5 $ 65,374.18 $ 67,171.96 $ 69,019.19 $ 71,089.77

Level 3 1 $ 66,562.10 $ 68,392.56 $ 70,273.36 $ 72,381.56

2 $ 67,792.48 $ 69,656.77 $ 71,572.33 $ 73,719.50

3 $ 69,022.85 $ 70,920.98 $ 72,871.30 $ 75,057.44

4 $ 70,253.22 $ 72,185.18 $ 74,170.28 $ 76,395.39

5 $ 71,483.59 $ 73,449.39 $ 75,469.25 $ 77,733.33

Level 4 1 $ 72,713.97 $ 74,713.60 $ 76,768.22 $ 79,071.27

2 $ 74,515.75 $ 76,564.93 $ 78,670.47 $ 81,030.58

3 $ 76,317.53 $ 78,416.26 $ 80,572.71 $ 82,989.89

4 $ 78,119.31 $ 80,267.59 $ 82,474.95 $ 84,949.20

5 $ 79,921.09 $ 82,118.92 $ 84,377.19 $ 86,908.51

Level 5 1 $ 81,723.44 $ 83,970.84 $ 86,280.04 $ 88,868.44

2 $ 83,630.69 $ 85,930.53 $ 88,293.62 $ 90,942.43

3 $ 85,539.26 $ 87,891.59 $ 90,308.61 $ 93,017.86

4 $ 87,446.51 $ 89,851.28 $ 92,322.19 $ 95,091.86

5 $ 89,504.71 $ 91,966.08 $ 94,495.15 $ 97,330.01

Level 6 1 $ 92,049.90 $ 94,581.27 $ 97,182.26 $ 100,097.73

2 $ 94,860.25 $ 97,468.90 $ 100,149.30 $ 103,153.78

3 $ 97,673.21 $ 100,359.22 $ 103,119.10 $ 106,212.67

4 $ 100,483.55 $ 103,246.85 $ 106,086.14 $ 109,268.72

5 $ 103,293.89 $ 106,134.47 $ 109,053.17 $ 112,324.76

Level 7 1 $ 104,585.52 $ 107,461.62 $ 110,416.82 $ 113,729.32

2 $ 107,049.32 $ 109,993.18 $ 113,017.99 $ 116,408.53

3 $ 109,555.13 $ 112,567.90 $ 115,663.51 $ 119,133.42

4 $ 112,078.01 $ 115,160.16 $ 118,327.06 $ 121,876.87

5 $ 114,442.06 $ 117,589.22 $ 120,822.92 $ 124,447.61

Huon Valley Council Enterprise Agreement 2021 Page 89

Field, Waste Transfer Station and Recreation Centre Employees

Band

Salary as at
first full pay
after 1 July

2021

Salary as at
first full pay
after 1 July

2022

Salary as at
first full pay
after 1 July

2023

Salary as at
first full pay
after 1 July

2024

Level 1 1 $ 54,414.62 $ 55,911.02 $ 57,448.58 $ 59,172.03

2 $ 55,365.41 $ 56,887.96 $ 58,452.38 $ 60,205.95

3 $ 56,404.11 $ 57,955.22 $ 59,548.99 $ 61,335.46

Level 2 1 $ 56,535.37 $ 58,090.09 $ 59,687.57 $ 61,478.20

2 $ 57,128.68 $ 58,699.72 $ 60,313.96 $ 62,123.38

3 $ 57,770.56 $ 59,359.25 $ 60,991.63 $ 62,821.37

Level 3 1 $ 58,163.69 $ 59,763.19 $ 61,406.68 $ 63,248.88

2 $ 58,556.83 $ 60,167.14 $ 61,821.73 $ 63,676.39

3 $ 59,301.09 $ 60,931.87 $ 62,607.49 $ 64,485.72

Level 4 1 $ 60,432.58 $ 62,094.48 $ 63,802.07 $ 65,716.14

2 $ 61,117.77 $ 62,798.51 $ 64,525.47 $ 66,461.23

3 $ 61,802.95 $ 63,502.54 $ 65,248.86 $ 67,206.32

Level 5 1 $ 62,488.15 $ 64,206.57 $ 65,972.25 $ 67,951.42

2 $ 63,252.09 $ 64,991.52 $ 66,778.79 $ 68,782.16

3 $ 64,016.04 $ 65,776.48 $ 67,585.33 $ 69,612.89

Level 6 1 $ 64,780.00 $ 66,561.45 $ 68,391.89 $ 70,443.65

2 $ 66,108.82 $ 67,926.81 $ 69,794.80 $ 71,888.65

3 $ 67,437.64 $ 69,292.17 $ 71,197.71 $ 73,333.64

Level 7 1 $ 68,766.47 $ 70,657.54 $ 72,600.63 $ 74,778.65

2 $ 70,095.28 $ 72,022.90 $ 74,003.53 $ 76,223.64

3 $ 71,424.10 $ 73,388.26 $ 75,406.44 $ 77,668.63

Huon Valley Council Enterprise Agreement 2021 Page 90

Child Care Employees

Band

Salary as at
first full pay
after 1 July

2021

Salary as at
first full pay
after 1 July

2022

Salary as at
first full pay
after 1 July

2023

Salary as at
first full pay
after 1 July

2024

Level 2 1 $ 49,811.53 $ 51,181.35 $ 52,588.83 $ 54,166.50

2 $ 50,700.41 $ 52,094.68 $ 53,527.28 $ 55,133.10

3 $ 51,608.70 $ 53,027.94 $ 54,486.21 $ 56,120.80

Level 3 1 $ 54,591.26 $ 56,092.52 $ 57,635.06 $ 59,364.11

2 $ 55,874.72 $ 57,411.28 $ 58,990.09 $ 60,759.79

3 $ 56,686.44 $ 58,670.47 $ 60,723.94 $ 62,849.27

Level 4 1 $ 57,265.30 $ 59,269.58 $ 61,344.02 $ 63,491.06

2 $ 58,085.93 $ 59,683.30 $ 61,324.59 $ 63,164.33

3 $ 59,610.49 $ 61,249.78 $ 62,934.15 $ 64,822.17

Level 5 1 $ 60,390.58 $ 62,051.33 $ 63,757.74 $ 65,670.47

2 $ 61,020.44 $ 62,698.51 $ 64,422.72 $ 66,355.40

3 $ 62,378.03 $ 64,093.42 $ 65,855.99 $ 67,831.67

Level 6 1 $ 62,620.61 $ 64,342.67 $ 66,112.10 $ 68,095.46

2 $ 64,226.28 $ 65,992.50 $ 67,807.29 $ 69,841.51

3 $ 65,479.11 $ 67,279.78 $ 69,129.98 $ 71,203.88

Level 7 1 $ 66,073.14 $ 67,890.16 $ 69,757.14 $ 71,849.85

2 $ 66,864.28 $ 68,703.04 $ 70,592.38 $ 72,710.15

3 $ 67,670.55 $ 69,531.50 $ 71,443.61 $ 73,586.92

Huon Valley Council Enterprise Agreement 2016 Page 91

Junior and Trainee Rates
Junior Employees and Trainees will be paid the following percentage of the appropriate wage
rate as set out in Schedule 2 as follows:

Age % of Level 1 Band 1

Under 17 years 55%

Under 18 years 65%

Under 19 years 75%

Under 20 years 85%

Over 20 years 95%

SIGNING PAGE

Name

Address

Title

Signature

Name

Address

Title

Signature

Name

Address

Title

Signature

Signatory ~r
AndFevv \fv'a1 dlaw Pou \

Huon Valley Council

40 Main Street

HUONVILLE TAS 7109

Acting General Manager

Signatory

Sovo\,-Jone C,av ve;r

r\v\OV'\ ✓o\\e(j CconcH

\-\UO'lV'I L\ .. .E. TA~ I le?)

t-Aeoicol Qecept-, on 16.i"

Signatory

Signed for and on behalf of Council.

Signed for and on behalf of
Bargaining Representative.

Signed for and on behalf of
Australian Services Union.

Huon Valley Council Enterprise Agreement 2021 I Page 92

SIGNING PAGE Signatory Name Andrew Wardlaw Paul West Address Huon Valley Council 40 Main Street HUONVILLE TAS 7109 Title Acting General Manager Signed for and on behalf of Council. Signature Pauinin Signatory Name Sarah-Jane Carver Address Huon Valley Council 40 Main Street HUONVILLE TAS 7109 Title Medical Receptionist Signed for and on behalf of Bargaining Representative. Signature flaver Signatory Name Address Title Signed for and on behalf of Australian Services Union. Signature Huon Valley Council Enterprise Agreement 2021 Page 92

ADDITIONAL BARGAINING REPRESENTATIVES' SIGNATURE:

Name

Address

Title

Signature

Paul Verne

Huon Valley Council

40 Main Street

HUONVILLE TAS 7109

Development Engineer Officer

ADDITIONAL BARGAINING REPRESENTATIVES' SIGNATURE: Name Paul Verne Address Huon Valley Council 40 Main Street HUONVILLE TAS 7109 Title Development Engineer Officer Signature

IN THE FAIR WORK COMMISSION

FWC Matter No.:
AG2021/6984

Applicant:

Huon Valley Council

Section 185 - Application for approval of a single enterprise agreement

Undertaking-Section 190

I, David Spinks, Director Corporate Services, for Huon Valley Council give the following
undertakings with respect to the Huon Valley Council Enterprise Agreement 2021 ("the
Agreement"):

1. I have the authority given to me by Huon Valley Council to provide this undertaking
in relation to the application before the Fair Work Commission.

2. Clause 3 definition of 'shift worker' will be deleted and replaced with the following:

Shift worker, for the purposes of NES, is an employee:

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

b. Who is regularly rostered to work on Saturdays, Sundays and Public Holidays.

3. The timeframe, that is twelve (12) months, in Clause 6.6(b) , (c) and (d) will be
deleted and replaced with six (6) months.

4. Clause 44.9(a)(vii) will be deleted and the following added as 44.9(b):

(b) On application to the FWC, it may be determined that the amount of
redundancy pay is reduced to a specified amount (which may be nil) that the
FWC considers appropriate, if Council :

(i) Obtains other acceptable employment and the Employee accepts the
position; or

(ii) Cannot pay the amount.

5. In Schedule 2: Junior and Trainee Rates,"% of Level 1 Band 1" will be deleted and
replaced with "Percentage".

6. Clause 11 .1 (c) , where the On Call allowance is set out, the table will be deleted and
replaced with the following:

First full pay period First full pay period First full pay period First full pay period
after 1 July 2021 after 1 July 2022 after 1 July 2023 after 1 July 2024

$267.78 $275.14 $282.71 $291 .19

IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/6984 Applicant: Huon Valley Council Section 185 - Application for approval of a single enterprise agreement Undertaking-Section 190 I, David Spinks, Director Corporate Services, for Huon Valley Council give the following undertakings with respect to the Huon Valley Council Enterprise Agreement 2021 ("the Agreement"): 1. I have the authority given to me by Huon Valley Council to provide this undertaking in relation to the application before the Fair Work Commission. 2. Clause 3 definition of 'shift worker' will be deleted and replaced with the following: Shift worker, for the purposes of NES, is an employee: a. Who works a roster and who, over the roster cycle, may be rostered to work ordinary shifts on any of the seven days of the week; Who is regularly rostered to work on Saturdays, Sundays and Public Holidays. 0 3. The timeframe, that is twelve (12) months, in Clause 6.6(b), (c) and (d) will be deleted and replaced with six (6) months. 4. Clause 44.9(a)(vii) will be deleted and the following added as 44.9(b): (b) On application to the FWC, it may be determined that the amount of redundancy pay is reduced to a specified amount (which may be nil) that the FWC considers appropriate, if Council: (i) Obtains other acceptable employment and the Employee accepts the position; or (ii) Cannot pay the amount. 5. In Schedule 2: Junior and Trainee Rates, "% of Level 1 Band 1" will be deleted and replaced with "Percentage". 6. Clause 11.1(c), where the On Call allowance is set out, the table will be deleted and replaced with the following: First full pay period First full pay period First full pay period First full pay period after 1 July 2021 after 1 July 2022 after 1 July 2023 after 1 July 2024 $267.78 $275.14 $282.71 $291.19 1

7. We will add the following to Clause 8.3(b):

(i) This RDO should be taken as scheduled or at an agreed time that is mutually
beneficial to Council and the Employee.

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

Signature

Date

7. We will add the following to Clause 8.3(b): (i) This RDO should be taken as scheduled or at an agreed time that is mutually beneficial to Council and the Employee. 5. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature 14/9/2021 Date 2

Huon Valley Council Enterprise Agreement 2021

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