State Library Victoria Enterprise Partnership Agreement 2020

1

Fair Work Act 2009 
s.185—Enterprise agreement

Library Board of Victoria t/a State Library of Victoria
(AG2021/7371)

STATE LIBRARY VICTORIA ENTERPRISE PARTNERSHIP 
AGREEMENT 2020

State and Territory government administration

DEPUTY PRESIDENT MANSINI MELBOURNE, 30 SEPTEMBER 2021

Application for approval of the State Library Victoria Enterprise Partnership Agreement 
2020.

[1] An application has been made for approval of a single enterprise agreement known as 
the State Library Victoria Enterprise Partnership Agreement 2020 (the Agreement) pursuant 
to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Some obvious typographical errors were sought to be corrected and not opposed by the 
bargaining representatives. In the circumstances, I am satisfied that these amendments are 
minor but necessary, that they should be allowed and that it is appropriate to do so pursuant to 
s.586 of the Act.

[3] Since the application was made, the Commission inquired about whether the pre-
approval requirements were met and raised concerns about whether the Agreement passes the 
“better off overall” test. Further information was provided in relation to these matters.

[4] A written undertaking was given in accordance with s.190 of the Act and is attached at 
Annexure A (Undertaking). The bargaining representatives did not oppose the Undertaking. I 
am satisfied that the Undertaking will not cause financial detriment to any employee covered 
by the Agreement and that the Undertaking will not result in substantial changes to the 
Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the 
Agreement. 

[5] On the basis of the material contained in the amended application, further information 
provided on request of the Commission and the Undertaking, 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.

[2021] FWCA 6079

DECISION
FairWork 

Commission 


AUSTRALIA FairWork Commission




 



[2021] FWCA 6079

2

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

[7] The Agreement was approved on 30 September 2021 and, in accordance with s.54, will 
operate from 7 October 2021. The nominal expiry date of the Agreement is 20 March 2024. 

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE513334  PR734475


FAIR WORKS FAIR V ME -COMMISSION AUSTRALIA THE SE




 



[2021] FWCA 6079

3

Annexure A

IN THE FAIR WORK COMM SSION 

FWC Matter No: AG202117371 

Appllcarrt: 
Libr-ary Board of Victoria 

Section 185-Application for approval of a singfe enterprise agr~ment 

Undertaking- Section 190 

I, ;Kathleen Brown, Acting Director Enablers for the Library Board of Victoria (Library) give 
the follO'r\rirng undertaking with respect to the st.ate Library Victoria Emerptise PartnBrship 
Agreemem 2020 (Agreement}: 

1. I have the authority givefl to me by lhe Ubrary to provide this undertaking in relation to 
the application before tile Fai Work Commission. 

2. This undertaking is provided in response to tile ·ssues rai$ed by the Fair W ork 
Commission in the application before the Fair Work Commission. 

3. Toa Library does not and will 001 roster employees covered by the Agreement to work 
any shifts that finish efte midnight and at or be.fore 8:00am . 

.rdlleen Brown 
,ing Director Enablers 

library Board of \fjciaria 
22 September 202 1 


IN THE FAIR WORK COMMISSION FWC Matter No: AG2021/7371 Applicant: Library Board of Victoria Section 185 - Application for approval of a single enterprise agreement Undertaking- Section 190 1. Kathleen Brown, Acting Director Enablers for the Library Board of Victoria (Library) give the following undertaking with respect to the State Library Victoria Enterprise Partnership Agreement 2020 (Agreement); I have the authority given to me by the Library to provide this undertaking in relation to - the application before the Fair Work Commission. 2 This undertaking is provided in response to the issues raised by the Fair Work Commission in the application before the Fair Work Commission. 3 The Library does not and will not roster employees covered by the Agreement to work any shifts that finish after midnight and at or before 8:00am. Kathleen Brown Acting Director Enablers Library Board of Victoria 22 September 2021 Doo ID: 80 71856




 



 

 

Unofficial 

State Library Victoria Enterprise 
Partnership Agreement 2020 

 






chappill
Stamp



 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  i 

Contents 
Section I – Core Terms and Conditions of Employment 2 

Part 1 – Application and Operation of Agreement 2 

1 Title 2 

2 Definitions and interpretation 2 

3 Commencement date and Period of Operation 3 

4 Application of Agreement and Parties Covered 4 

5 No Further Claims 4 

6 Savings Provisions and Relationship with other Awards, Agreements and the NES 4 

7 Anti-Discrimination and Workplace Diversity 5 

Part 2 – Flexible Work 6 

8 Flexible Work 6 

9 Individual Flexibility Arrangements 7 

10 Flexible Working Arrangements – Specific Circumstances 8 

Part 3 – Communication, Consultation and Dispute Resolution 9 

11 SLV & CPSU Consultative Committee 9 

12 Implementation of Change 11 

13 Consultation on Changes to Rosters or Hours of Work 13 

14 Resolution of Disputes 14 

15 Workload 16 

Part 4 – Employment Relationship and Related Arrangements 17 

16 Grandfathering Arrangements 17 

17 Service Quality and Professionalism 17 

18 Professional Development 18 

19 Agility Principles 19 

20 Agility Payment 20 

21 Secure Employment 21 

22 Employment Categories and Entitlements 22 

23 Termination of Employment 24 

24 Costs of Employment Related Legal Proceedings 26 

25 Working From Home 26 

26 Redeployment 26 








 
 State Library Victoria Enterprise Agreement 2020 

79597182.4  ii 

Unofficial 

27 Management of Unsatisfactory Work Performance 26 

28 Management of Misconduct 32 

Part 5 – Salary and Related Matters 37 

29 Classifications and Salaries 37 

30 Gender Equality 38 

31 Gendered Violence at Work 41 

32 Performance Review and Progression within a Value Range 41 

33 Salary Increases 44 

34 Casual Employees 45 

35 Payment of Salaries 47 

36 Salary Packaging 48 

37 Allowances – Work or Conditions 48 

38 Reimbursement of Expenses 49 

39 Superannuation 49 

Part 6 – Hours of Work and Related Matters 51 

40 Ordinary Hours of Work 51 

41 Rostered Hours and Shift Allowances 51 

42 Flexi-time 52 

43 Rest and Meal Breaks 53 

44 Overtime 53 

45 Christmas Closedown 56 

46 Childcare 56 

Part 7 – Leave of Absence and Public Holidays 57 

47 Annual Leave 57 

48 Cashing Out of Annual Leave 58 

49 Purchased Leave 59 

50 Infectious Diseases 60 

51 Dangerous Medical Conditions 60 

52 Public Holidays 60 

53 Personal/ Carer's Leave 61 

54 Family Violence Leave 64 

55 Military Service Sick Leave 66 








 
 State Library Victoria Enterprise Agreement 2020 

79597182.4  iii 

Unofficial 

56 Compassionate Leave 67 

57 Parental Leave 68 

58 Surrogacy Leave 80 

59 Foster and Kinship Care Leave 82 

60 Gender Transition Leave 83 

61 Leave to Attend Rehabilitation Program 84 

62 Cultural and Ceremonial Leave 85 

63 Leave to participate in the First Peoples' Assembly of Victoria 86 

64 Long Service Leave 86 

65 Defence Reserve Leave 88 

66 Jury Service 89 

67 Leave for Blood Donations 89 

68 Leave to Engage in Voluntary Emergency Management Activities 89 

69 Voluntary Community Activities Leave 90 

70 Participation in Sporting Events 90 

71 Study Leave 90 

72 Other Leave 91 

Part 8 – Occupational Health and Safety 91 

73 Accident Make-Up Pay 91 

74 Work Health and Safety 92 

75 Industrial Relations/Work Health and Safety Training 95 

76 Facilities, Equipment and Accommodation - General 96 

77 Agreement Compliance and Union Related Matters 96 

78 Right of Entry 98 

Schedule A – Grandfathered Employees – Library Officers 99 

Schedule B – Redeployment 100 

Schedule C – Salary Schedule 101 

Schedule D – Occupational Specific Structure for Librarians, Conservators, Library Technicians 
and Library Assistants 113 

Schedule E – Classification Descriptors – VPS Non-Executive Career Structure Classification 
Grade and Value Range Standard Descriptors 117 

Schedule F – Flowchart for consultation on major change to production, program, operation, 
structure or technology that is likely to have a significant effect on employees 125 

Execution 126 








 
  

79597182.4  1 

Unofficial 

Introduction 

This Agreement reflects an intention for cooperation between management, Employees, and the CPSU. 
It demonstrates the high value placed on Employees at the Library with fair and equitable employment 
conditions. It is based on a commitment to consistency, fairness, openness, trust, mutual support and 
respect, and where management and Employees operate with a common purpose and direction, which 
is in line with the Library’s’ values of Innovation, Collaboration, Engagement, Excellence and Respect. 

We acknowledge that the Library will be a better place to work if Employees have a sense of belonging 
and feel that a commitment has been made to their wellbeing, including provision for balancing work 
and family/life commitments. 

The knowledge and experience of employees is important in reviewing service delivery, work practices, 
policies, and procedures, with the aim to achieve a high level of business improvement, providing a 
great customer experience and enhancing the effectiveness of the Library.  

We will endeavour to deliver a high quality, reliable service in an equitable, courteous, and responsive 
manner and ensure continuous improvement and customer focus, making good use of the consultative 
committee. 

This Agreement will assist the Library to achieve and deliver service excellence against key result areas 
identified by the Strategic Plan and the Annual Plans. To achieve this, the parties agree to commit to 
ongoing and continuous improvement. 

This Agreement establishes a positive direction for the future and the basis for greater cooperation in 
achieving excellence as a Library for all in a changing world. 

 
  








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  2 

Unofficial 

State Library Victoria Enterprise Partnership Agreement 2020 

Section I – Core Terms and Conditions of Employment 

Part 1 – Application and Operation of Agreement 

1 Title 

This Agreement will be known as the State Library Victoria Enterprise Partnership Agreement 
2020. 

2 Definitions and interpretation 

In this document, unless the contrary intention appears: 

Accredited Representative of the CPSU means an officer or employee of the CPSU or a 
workplace delegate accredited by an authorised officer of the CPSU. 

Agreement means the State Library Victoria Enterprise Partnership Agreement 2020. 

Child unless otherwise defined means: 

(a) someone who is child of the Employee within the meaning of the Family Law Act 
1975 (Cth); and 

(b) an adopted child or step-child of the person.  

It doesn’t matter whether the child is an adult. 

CPSU or Union means the Community and Public Sector Union. 

De Facto Partner means: 

(a) a person who, although not legally married to the Employee, lives with the Employee 
in a relationship as a couple on a genuine domestic basis (whether the Employee 
and the person are of the same sex or different sexes); and 

(b) includes a former De Facto Partner of the Employee. 

Employee means a non-executive Employee of the Library Board of Victoria. 

Fortnightly Salary means an Employee’s annual Salary divided by 365.25 multiplied by 14. 

FWC means the Fair Work Commission or its successor. 

Fair Work Act 2009 (Cth) and FW Act means that Act, as may be amended from time to time 
and any successor to that Act. 

Immediate Family means: 

(a) a Spouse, De Facto Partner, Child, parent, grandparent, grandchild or sibling of the 
Employee; or 

(b) a Child, parent, grandparent, grandchild or sibling of a spouse or De Facto Partner 
of the Employee. 

Library means the Library Board of Victoria trading as State Library Victoria. 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  3 

Unofficial 

Long Term Casual Employee means a casual Employee who has been employed on a 
regular and systematic basis by the Library for a sequence of periods of employment during a 
period of at least 12 months. 

NES means the National Employment Standards. 

PAA means the Public Administration Act 2004 (Vic) as may be amended from time to time, 
or any successor to that Act. 

Party or Parties means the Library, the Employees and/or the CPSU. 

Public Holiday means a day that is a public holiday pursuant to clause 52. 

Rostered Worker means an Employee who works rostered hours pursuant to clause 41. 

Salary means the wage or salary rate, including all on-going progression payments, which an 
Employee receives in the normal course of their duty; provided that Salary does not include 
any payment for overtime, shift allowances, travelling allowance, incidental expenses or any 
payment of a temporary character. 

SPSF means State Public Services Federation. 

3 Commencement date and Period of Operation 

 This Agreement will commence operation seven (7) days after it is approved by the 
FWC and will have a nominal expiry date of 20 March 2024. 

 Employees to whom this Agreement applies will receive: 

(a) Salary increases as provided for in clause 33 (Salary Increases), with the 
first increase payable with effect from 20 March 2020; and 

(b) increases to allowances, with the first increase payable with effect from 20 
March 2020. 

 Salary and allowance increases payable for the period between 20 March 2020 and 
the commencement of the Agreement will be made as soon as reasonably 
practicable after the Agreement commences operation. 

 Alterations to conditions of employment provided for in this Agreement will apply with 
effect from the commencement date of this Agreement, unless otherwise stated. 

 Renegotiation Period 

(a) With the aim of avoiding protracted negotiations for a new agreement, the 
CPSU and the Library agree to a renegotiation period. The renegotiation 
period will be from 20 September 2023 until 20 February 2024. The aim of 
the renegotiation period is to permit a new agreement to be reached prior 
the nominal expiry date of this Agreement. 

(b) To meet this objective, the CPSU and the Library agree that: 

(i) each will provide any proposals for change to the Agreement by 
20 September 2023; and 

(ii) they will meet regularly to progress negotiations in good faith. 
Small working groups may be established to examine particular 
areas of disagreement; and 

3.1 

3.2 

3.3 

3.4 

3.5 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  4 

Unofficial 

(iii) the person/s responsible for negotiating will bring with them the 
necessary authority to finalise an agreement; and 

(iv) if agreement is not reached by 20 December 2023, the parties 
will discuss whether they should seek the assistance of a 
mutually agreed conciliator or the FWC. This does not prevent 
the parties seeking assistance, by agreement, on any individual 
issue which is creating an impasse; and 

(v) should conciliation be sought, then the Parties to the conciliation 
may agree to an extension to the renegotiation period. 

(c) During this period the CPSU and the Library will not act in a manner that 
is designed to frustrate good faith bargaining. 

4 Application of Agreement and Parties Covered 

 This Agreement applies to and covers: 

(a) the Library in respect of all non-executive Employees; and 

(b) all non-executive Employees whose employment is, at any time when this 
Agreement is in operation, subject to this Agreement; and 

(c) the CPSU. 

 In accordance with Part 2-8 of the FW Act, where there is a transfer of business to a 
new employer, the new employer is bound by this Agreement as a transferable 
instrument to the extent that it relates to the whole or part of the business transfer. 

 Agreement Implementation 

(a) The Parties agree the SLV/CPSU Joint Consultative Agreement Monitoring 
Committee will during the life of the Agreement deal with issues arising 
from the implementation of the Agreement. 

(b) The Consultative Committee will comprise representatives nominated by 
the CPSU and the Library. The Parties may establish working groups to 
deal with particular matters. 

5 No Further Claims 

 This Agreement is intended to set out, or set out processes for determining, all the 
terms and conditions of employment of the Employees which will be subject to the 
Agreement made under the FW Act for the period from the date of commencement 
of this Agreement until 20 March 2024.  

 The Employees, the Library and the CPSU agree that they will not for the period from 
the date of commencement of this Agreement until 20 September 2023 make claims 
to make an enterprise agreement under the FW Act, whether in relation to matters 
dealt with in this Agreement or otherwise. 

6 Savings Provisions and Relationship with other Awards, Agreements 
and the NES 

 This Agreement operates to the exclusion of all previous awards and orders of the 
FWC and replaces all previous industrial instruments under the FW Act in respect of 

4.1 

4.2 

4.3 

5.1 

5.2 

6.1 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  5 

Unofficial 

the Employees. However any entitlement in the nature of an accrued entitlement to 
an individual’s benefit which has accrued under any such previous industrial 
instrument will not be affected by the making of this Agreement.  

 No Employee will, on balance, have their overall pay and conditions reduced as a 
result of making this Agreement.  

 Despite anything else in this Agreement, where there is an inconsistency between 
this Agreement and the NES and the NES provide a greater benefit, the NES will 
apply to the extent of the inconsistency. 

 A dispute or grievance that is being considered pursuant to clause 27 of the State 
Library Victoria Partnership Agreement 2016 at the time this Agreement commences 
operation may continue to be considered pursuant to clause 14 of this Agreement. 

7 Anti-Discrimination and Workplace Diversity 

 The Parties covered by this Agreement respect and value the diversity of the 
workforce by helping to prevent and eliminate discrimination on the basis of race, 
colour, sex, sexual preference, gender, age, physical or mental disability, marital 
status, family or carer’s responsibilities, pregnancy, religion, political opinion, 
national extraction, social origin, or any other attributes protected by anti-
discrimination legislation.  

 The Library recognises the importance of workplace diversity and inclusion. The 
Library will strive to create a diverse workforce and an environment that recognises, 
values, utilises and reflects the diverse society in which we live. In this context, 
diversity includes cultural diversity, Aboriginal and Torres Strait Islander identity, 
sexuality, age, gender identity, ability, neurodiversity and carer responsibilities.  

 Accordingly, in fulfilling their obligations under the procedures in clause 14 
(Resolution of Disputes), the Parties must make every endeavour to ensure that 
neither the Agreement provisions nor their operation are directly or indirectly 
discriminatory in their effects. 

 Nothing in this clause is to be taken to affect: 

(a) any different treatment (or treatment having different effects) which is 
specifically exempted under the Commonwealth anti-discrimination 
legislation; or  

(b) an Employee, the Library or the CPSU pursuing matters of discrimination 
in any State or Federal jurisdiction, including by application to the 
Australian Human Rights Commission; or  

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

 The Library will act in accordance with its obligations under: 

(a) the Equal Opportunity Act 2010 (Vic); and  

(b) the Victorian Charter of Human Rights and Responsibilities; and 

(c) the Gender Equality Act 2020 (Vic).  

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

6.2 

6.3 

6.4 

7.1 

7.2 

7.3 

7.4 

7.5 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  6 

Unofficial 

Part 2 – Flexible Work 

8 Flexible Work 

 The Parties are committed to providing a range of flexible working arrangements to 
give Employees a meaningful level of control over when, where and how work is 
accomplished.  

 These reflect a genuine commitment to support both individual flexibility and 
business performance needs, while recognising that not all forms of flexibility will be 
suitable for all roles at any time.  

 Several provisions in this Agreement are available to facilitate an individual’s need 
for flexibility, consistent with business requirements and legislative obligations.  

Clause Title Summary of entitlement 

(see clause for full entitlement and 
any conditions) 

9 Individual Flexibility 
Arrangement (IFA) 

An IFA may vary the effect of clause 40 
(Ordinary Hours of Work). 

10 Right to Request Flexible 
Working Arrangements 

Under s65 of the FW Act Employees in 
circumstances as defined in the 
legislation may request flexible working 
arrangements. 

22.4 Part-Time Employment Part time employment may be worked by 
agreement between the Employee and 
the Library. 

25 Working from Home An individual Employee and the Library 
may agree for the Employee to work from 
home on a case by case basis. 

40 Hours of Work The Library recognises the need for 
hours of work to be flexible to take into 
account operational requirements and 
the Employee’s personal and/or family 
circumstances.. 

42 Flexi-time By agreement and subject to operational 
and roster requirements, Employees will 
have the opportunity to arrange their 
work hours flexibly. 

49 Purchased Leave An Employee and the Library may agree 
for the Employee to work less than 52 
weeks per year to increase the amount of 
leave available. 

54 Family Violence Leave An Employee experiencing family 
violence has an entitlement to additional 
leave and may request flexible work 
arrangements. 

8.1 

8.2 

8.3 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  7 

Unofficial 

Clause Title Summary of entitlement 

(see clause for full entitlement and 
any conditions) 

57 Parental Leave An Employee returning to work after 
parental leave has a right to request a 
reduced time fraction until their Child 
reaches school age, or alternatively may 
request an extension of unpaid parental 
leave. 

9 Individual Flexibility Arrangements 

 An Employee and the Library may enter into an individual flexibility arrangement 
pursuant to this clause in order to meet the genuine needs of both the Employee and 
the Library. An individual flexibility arrangement must be genuinely agreed to by the 
Employee and the Library.  

 An individual flexibility arrangement may vary the effect of clause 40 (Ordinary Hours 
of Work).  

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

 The Library must ensure that the terms of the individual flexibility arrangement: 

(a) are about permitted matters under section 172 of the FW Act; and  

(b) are not unlawful terms under section 194 of the FW Act; and  

(c) result in the Employee being better off overall than the Employee would be 
if no arrangement was made. 

 The Library must ensure that an individual flexibility arrangement is in writing and 
signed by the Employee and the Library. If the Employee is under 18, the 
arrangement must also be signed by a parent or guardian of the Employee.  

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

 The Library must ensure that any individual flexibility arrangement sets out: 

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

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

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

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

(e) provides for the individual flexibility arrangement to be terminated: 

9.1 

9.2 

9.3 

9.4 

9.5 

9.6 

9.7 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  8 

Unofficial 

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

(ii) at any time by written agreement between the Employee and the 
Library. 

10 Flexible Working Arrangements – Specific Circumstances 

 Section 65 of the FW Act provides that an Employee may request a change in their 
working arrangements in any of the following circumstances:  

(a) the Employee is the parent, or has responsibility for the care, of a Child 
who is of school age or younger; or 

(b) the Employee is a carer (within the meaning of the Carer Recognition Act 
2010); or  

(c) the Employee has a disability; or  

(d) the Employee is 55 or older; or  

(e) the Employee is experiencing violence from a member of the Employee’s 
family; or  

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

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

 To avoid doubt, and without limiting clause 10.1, an Employee may request to work 
part-time to assist the Employee to care for the Child if the Employee:  

(a) is a parent, or has responsibility for the care, of a Child; and  

(b) is returning to work after taking leave in relation to the birth or adoption of 
the Child. 

 A casual Employee is not entitled to make a request under this clause unless the 
Employee:  

(i) is a Long Term Casual Employee of the Library immediately 
before making the request; and  

(ii) has a reasonable expectation of continuing employment by the 
Library on a regular and systematic basis.  

 A request made under this clause must be made in writing and set out details of the 
change sought and the reasons for the change.  

 Before responding to a request, the Library must discuss the request with the 
Employee and genuinely try to reach agreement on a change in working 
arrangements that will reasonably accommodate the Employee’s circumstances 
having regards to:  

(a) the needs of the Employee arising from their circumstances; and  

10.1 

10.2 

10.3 

10.4 

10.5 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  9 

Unofficial 

(b) the consequences for the Employee if changes in working arrangements 
are not made; and  

(c) any reasonable business grounds for refusing the request.  

 On receipt of a request by an Employee under this clause, the Library must give the 
Employee a written response within 21 days, stating whether the Library grants or 
refuses the request.  

 The Library may only refuse the request on reasonable business grounds.  

 Without limiting what are reasonable business grounds for the purposes of 
clause 10.7, reasonable business grounds include any of the following: 

(a) that the new working arrangements requested by the Employee would be 
too costly for the Library; or  

(b) that there is no capacity to change the working arrangements of other 
Employees, or recruit new Employees, to accommodate the new working 
arrangements requested by the Employee; or  

(c) that it would be impractical to change the working arrangements of other 
Employees, or recruit new Employees, to accommodate the new working 
arrangements requested by the Employee; or  

(d) that the new working arrangements requested by the Employee would be 
likely to result in a significant loss in efficiency or productivity; or  

(e) that the new working arrangements requested by the Employee would be 
likely to have a significant negative impact on customer service.  

 If the Library refuses the request, the written response under clause 10.6 must 
include:  

(a) details of the reasons for the refusal, including the business grounds or 
ground for the refusal and how the ground or grounds apply, and  

(b) whether or not there are any changes in working arrangements that the 
Library can offer the Employee so as to better accommodate the 
Employee’s circumstances; and  

(c) if the Library can offer the Employee such changes in working 
arrangements, set out those changes in working arrangements.  

 If the Library and Employee reached an agreement under clause 10.6 on a change 
in working arrangements that differs from that initially requested by the Employee, 
the Library must provide the Employee with a written response to their request 
setting out the agreed change or changes in working arrangements. 

Part 3 – Communication, Consultation and Dispute Resolution 

11 SLV & CPSU Consultative Committee 

 Purpose 

The parties recognise that effective decision-making generates the most beneficial 
outcomes for the Library, its users and staff. We also recognise that effective 
decision-making will only be delivered if a culture of genuine consultation is 

10.6 

10.7 

10.8 

10.9 

10.10 

11.1 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  10 

Unofficial 

encouraged, if staff expertise is drawn on, and if clear accountable lines of 
responsibility for decision-making are understood 

While recognising that the Board & Executive have the ultimate responsibility to 
make decisions relating to the strategic direction of the Library, it is acknowledged 
that the best outcomes will be delivered for the Library and its Employees if a culture 
of genuine consultation is encouraged, particularly in relation to issues which will, or 
may, directly affect Employees.   

 Terms of Reference for SLV & CPSU Consultative Committee  

(a) The SLV & CPSU Consultative Committee is a formal process for the 
Library, Employees and the CPSU to meet and discuss: 

(i) in the circumstances set out in clause 11.3(a)(i) to (iii), the 
introduction of major change to production, programs, 
operations, structure or technology, or to outsource all or part of 
existing work units, or redevelop the Library, that is likely to have 
a significant effect on Employees;  

(ii) the following types of operational matters: 

(A) Service Delivery 

Proposing ideas to enhance service delivery and 
address service challenges; 

(B) Work Environment 

Matters pertaining to the employee/employer 
relationship (subject to clause 11.2(b) below). 
Proactively identifying and addressing any risks and 
hazards to occupational health, safety and wellbeing 
of all Employees; 

(C) Rostering  

Review of rostering practice, systems and processes. 

(D) Casual & Fixed Term Employment 

Review of the use of casual and fixed term 
employment. 

(b) Decisions directed to an individual Employee for reasons related to 
discipline, performance or matters of a personal nature are not within the 
terms of reference for the Consultative Committee. 

 The Consultative Committee and major change 

(a) Items regarding the introduction of major change to production, program, 
operation, structure or technology that is likely to have significant effects 
on Employees will be included on the Consultative Committee agenda 
when:  

(i) written notification of the decision to proceed to the Development 
stage has been provided to the CPSU; 

(ii) any working party recommendations are finalised; or 

11.2 

11.3 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  11 

Unofficial 

(iii) written notification of a decision to implement the change has 
been provided to the CPSU. 

(b) In each of the instances referred to in clause 11.3(a) above, the maximum 
period of time during which the Consultative Committee will consider and 
discuss the proposed change or decision will be one month. 

(c) The following information will be provided to the Consultative Committee, 
to the extent that it is relevant to the proposal, after notification of the 
decision to proceed to the Development stage has been provided to the 
CPSU: 

(i) the nature and scope of the change, including areas likely to be 
affected and objectives; 

(ii) the project owner for this phase of the project; 

(iii) the composition of the working party where one is established; 

(iv) information relating to any selection process for the working party 
(is it random, based on specialization or direct involvement); 

(v) the communication plan, including consultation program where 
appropriate; 

(vi) the expected duration of this phase – this would be an 
approximation only; and 

(vii) the terms of reference for the working party. 

 Length of Consultative Committee meetings   

(a) The duration of Consultative Committee meetings will be between 30 
minutes and one hour. 

(b) Where the Consultative Committee is meeting to discuss a proposal to 
introduce major change, meetings may be extended to no longer than 1 ½ 
hours maximum, to be reviewed after 3 meetings. 

 Minutes and reporting  

(a) Minutes of each Consultative Committee meeting will be kept by the 
Library’s People Team, and distributed within two weeks after the meeting.   

(b) Minutes will be posted on the Library Intranet, accessible for all Employees. 

 Notification of Items  

Agenda items are due no later than one week in advance with a brief position 
statement (max. ½ page) and will be circulated no later than two days prior to the 
meeting. 

12 Implementation of Change 

 Where the Library has made a definite decision to introduce a major change to 
production, programs, structure or technology, or to outsource all or part of existing 
work units, or redevelop the Library, that is likely to have a significant effect on 
Employees, the Library will provide written notification to the relevant Employees and 
the CPSU, as soon as practicable after the decision has been made, of:  

11.4 

11.5 

11.6 

12.1 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  12 

Unofficial 

(a)  the decision to introduce the change, including a program and timetable 
for implementation; and  

(b) the likely effects of the change on the Employees’ working conditions and 
responsibilities; and   

(c) measures the Library is taking to avert or mitigate any adverse effect of the 
change on the Employees; and 

(d) the rationale and intended benefits of the change, including improvements 
to productivity, if applicable. 

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

(a) the termination of the employment of Employees; or  

(b) major change to the composition, operation or size of the Employer’s 
workforce or to the skills required of Employees; or  

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

(d) the alteration of hours of work; or  

(e) the need to retrain Employees; or  

(f) the need to relocate Employees to another workplace; or  

(g) the restructuring of jobs; or 

(h) significant change to existing work practices of employees. 

 Relevant Employees means the Employees who may be affected by a change 
referred to in clause 12.1.  

 The Relevant Employees may appoint a representative for the purposes of the 
procedures in this clause. If this occurs, and the Employee or Employees advise the 
Library of the identity of the representative, the Library will recognise the 
representative. 

 After written notification is provided under clause 12.1, the Relevant Employees, 
their representatives (if any) and the CPSU will be provided a two-week period to 
provide any written feedback on the decision.  

 The Library will provide a written response to any alternative proposal received under 
clause 12.5 within two weeks of receiving such alternative proposal. That response 
will include reasons for accepting or not accepting any proposed variations to the 
change. 

 The Library will: 

(a) give prompt consideration to matters raised by the Employees, their 
representatives (if any) or the CPSU; and  

(b) if appropriate, provide training for the Employees to assist them to integrate 
successfully into the new structure. 

 Any dispute concerning the Parties’ obligations under this clause will be dealt with in 
accordance with clause 14 (Resolution of Disputes). 

12.2 

12.3 

12.4 

12.5 

12.6 

12.7 

12.8 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  13 

Unofficial 

 A flow chart setting out the process, under clauses 11 and 12, for consultation on 
major change to production, program, operation, structure or technology that is likely 
to have a significant effect on Employees is set out in Schedule F. 

13 Consultation on Changes to Rosters or Hours of Work 

 This clause applies if the Library proposes to introduce a change to the regular roster 
or ordinary hours of work of Employees.  

 The Library must notify the Relevant Employees of the proposed change. Relevant 
Employees means the Employees who may be affected by a change referred to in 
clause 13.1. 

 The Relevant Employees may appoint a representative for the purposes of the 
procedures in this clause.  

 The Library must recognise the representative appointed by a Relevant Employee(s) 
if:  

(a) a Relevant Employee appoints, or Relevant Employees appoint, a 
representative, which may include CPSU, for the purposes of consultation; 
and  

(b) the Employee or Employees advise the Library of the identity of the 
representative.  

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

(a) discuss with the Relevant Employees the introduction of the change; and  

(b) for the purposes of the discussion—provide to the Relevant Employees:  

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

(ii) information about what the Library reasonably believes will be 
the effects of the change on the Employees; and  

(iii) information about any other matters that the Library reasonably 
believes are likely to affect the Employees; and  

(c) invite the Relevant Employees to give their views about the impact of the 
change (including any impact in relation to their family or caring 
responsibilities). 

 However, the Library is not required to disclose confidential or commercially 
sensitive information to the relevant Employees.  

 The Library must give prompt and genuine consideration to matters raised about the 
change by the Relevant Employees.  

 The Library must display a roster for Rostered Workers in a convenient area fourteen 
days prior to the effective date.  

 The Library may change the Rostered Work roster without written notice, if the 
Library is of the reasonable opinion that an emergency exists.  

 A Rostered Worker may request the Library approve a change to rostered times by 
giving the Library 48 hours’ written notice of the proposed change. 

12.9 

13.1 

13.2 

13.3 

13.4 

13.5 

13.6 

13.7 

13.8 

13.9 

13.10 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  14 

Unofficial 

14 Resolution of Disputes 

 For the purposes of this clause 14, a dispute includes a grievance.  

 Unless otherwise provided for in this Agreement, a dispute about a matter arising 
under this Agreement or the National Employment Standards set out in the FW Act, 
other than termination of employment, must be dealt with in accordance with this 
clause. To avoid doubt, a dispute about termination of employment cannot be dealt 
with under this clause.  

 This clause does not apply to any dispute regarding a matter or matters arising in 
the course of bargaining in relation to a proposed enterprise agreement. 

 The CPSU may raise a dispute and be a party to a dispute in its own right or in a 
representative capacity for an Employee or group of Employees.  

 A person covered by this Agreement may choose to be represented at any stage by 
a representative, including a CPSU representative or employer’s organisation. 

 Obligations  

(a) The parties to the dispute and their representatives must genuinely attempt 
to resolve the dispute through the processes set out in this clause and must 
cooperate to ensure that these processes are carried out expeditiously.  

(b) While a dispute is being dealt with in accordance with this clause, work 
must continue in accordance with usual practice, provided that this does 
not apply to an Employee who has a reasonable concern about an 
imminent risk to their health or safety, has advised the Library of this 
concern and has not unreasonably failed to comply with a direction by the 
Library to perform other available work that is safe and appropriate for the 
Employee to perform.  

(c) No person covered by this Agreement will be prejudiced as to the final 
settlement of the dispute by the continuance of work in accordance with 
this clause.  

 Agreement and Dispute Settlement Facilitation 

(a) For the purposes of compliance with this Agreement (including compliance 
with this dispute settlement procedure) if the chosen Employee 
representative is another Employee of the Library, they must be released 
by the Library from normal duties for such periods of time as may be 
reasonably necessary to enable them to represent Employees concerning 
matters pertaining to the employment relationship including but not limited 
to:  

(i) investigating the circumstances of a dispute or an alleged breach 
of this Agreement; or  

(ii) endeavouring to resolve a dispute arising out of the operation of 
this Agreement; or  

(iii) participating in conciliation, arbitration or any other agreed 
alternative dispute resolution process.  

(b) The release from normal duties referred to in this clause is subject to the 
proviso that it does not unduly affect the operations of the Library. 

14.1 

14.2 

14.3 

14.4 

14.5 

14.6 

14.7 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  15 

Unofficial 

 Discussion of Dispute 

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

(b) If the dispute is not settled, the aggrieved Employee(s) can require that the 
dispute be discussed with another representative of the Library appointed 
for the purposes of this procedure. 

 Internal Process 

(a) If any party to the dispute who is covered by this Agreement refers the 
dispute to an established internal dispute resolution process, the matter 
must first be dealt with according to that process, provided that the process 
is conducted as expeditiously as possible and: 

(i) is consistent with the rules of natural justice; and  

(ii) provides for mediation or conciliation of the dispute; and  

(iii) provides that the Library will take into consideration any views on 
who should conduct the review; and  

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

(b) If the dispute is not settled through an internal dispute resolution process, 
the matter can be dealt with in accordance with the processes set out 
below.  

(c) If the matter is not settled either party to the dispute may apply to the FWC 
to have the dispute dealt with by conciliation. 

 Disputes of a Collective Character  

(a) The Parties acknowledge that disputes of a collective character concerning 
more than one Employee may be dealt with more expeditiously by an early 
reference to the FWC.  

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

 Conciliation 

(a) Where a dispute is referred for conciliation, a member of the FWC will do 
everything that appears to the member to be right and proper to assist the 
parties to the dispute to agree on settlement terms. 

(b) This may include arranging: 

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

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

(c) Conciliation before the FWC will be regarded as completed when: 

14.8 

14.9 

14.10 

14.11 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  16 

Unofficial 

(i) the parties to the dispute have reached agreement on the 
settlement of the dispute; or 

(ii) the member of the FWC conducting the conciliation has, either of 
their own motion or after an application by a party to the dispute, 
satisfied themselves that there is no likelihood that, within a 
reasonable period, further conciliation will result in a settlement; 
or 

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

 Arbitration 

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

(b) If a member of the FWC has exercised conciliation powers in relation to 
the dispute, the member must not exercise, or take part in the exercise of, 
arbitration powers in relation to the dispute if a party to the dispute objects 
to the member doing so. 

(c) Subject to clause 14.12(d) the determination of the FWC is binding on the 
persons covered by this Agreement. 

(d) A determination of a single member of the FWC made pursuant to this 
clause may, with the permission of a Full Bench of the FWC, be appealed. 

 General Powers and Procedures of the FWC 

Subject to any agreement between the parties in relation to a particular dispute and 
the provisions of this clause, in dealing with a dispute through conciliation or 
arbitration, the FWC may conduct the matter in accordance with Subdivision B of 
Division 3 of Part 5-1 of the FW Act. 

15 Workload 

 The Library acknowledges the benefits to both the organisation and individual 
Employees gained through Employees having a balance between both their 
professional and family life. 

 The Library further recognises that the allocation of work must include consideration 
of the Employee’s hours of work, health, safety and welfare. Work will be allocated 
so that there is not an allocation that routinely requires work to be undertaken beyond 
an Employee’s ordinary hours of work. 

 An Employee or group of Employees may request a review of their workload if they 
believe the workload is unreasonable or that there is an unreasonable allocation of 
work. The request must be made in writing and set out details of the workload of the 
Employee or group of Employees and the reasons why the workload is considered 
unreasonable. 

14.12 

14.13 

15.1 

15.2 

15.3 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  17 

Unofficial 

 On receipt of a request by an Employee or group of Employees under this clause, 
the Library must give the Employee a written response within 21 days, stating 
whether the Library agrees to or refuses the request. 

 If the Library refuses the request for a review, the written response under clause 
15.4 must include details of the reasons for the refusal. 

 If the Library agrees to the request, a review of the workload of the Employee or 
group of Employee’s will be conducted. 

 Following the completion of the review, the Employee or group of Employees and 
the Library will agree on any necessary adjustments that are required to be 
implemented to ensure the workload for the Employee or group of Employees is 
reasonable. 

 When an Employee reduces their hours to part-time, any reallocation of hours will 
be undertaken with regard to the current Library budget and will ensure rostering and 
operational requirements are accommodated. 

Part 4 – Employment Relationship and Related Arrangements 

16 Grandfathering Arrangements 

 The Library Officers listed (by Employee number) in Schedule A (Grandfathered 
Employees – Library Officers) will continue to perform duties as described in sub-
clause 16.2, subject to sub-clauses 16.3 and 16.4 below.  

 The Grandfathered Library officer role can provide the Library with flexibility in 
rostering these Grandfathered Library Officers to back and front of house tasks 
These Grandfathered Library Officers have the opportunity to develop a broad range 
of task-based competencies through training.  These Grandfathered Library Officers 
will be involved in book delivery and retrieval, digitisation, equipment support, 
document supply and delivery and direct customer service including registrations 
and enquiries as well as provision of support to the programming areas. 

 Changes to staff roles and practices for Grandfathered Library Officers are subject 
to the following principles: 

(a) At all times the Library will ensure that Employees are supported and/or 
trained to undertake any roles or duties required; and 

(b) Any changes to roles or work practices will be accompanied with a suitable 
training package to ensure that Employees are appropriately skilled to 
undertake duties as required. 

 Where a Grandfathered Employee listed in Schedule A accepts a Library Officer role 
where the duties of the role are predominantly or exclusively Visitor Services, or 
another role with the Library, the Employee will no longer be a Grandfathered 
Employee and will no longer be entitled to the benefits of Grandfathering under this 
clause. 

17 Service Quality and Professionalism 

 The Library is committed to service quality and professionalism of all Library staff.  
To continue the Library's provision of high quality service standards as reflected in 
the Library's values of Innovation, Collaboration, Engagement, Excellence and 
Respect, the parties acknowledge and agree to the following: 

15.4 

15.5 

15.6 

15.7 

15.8 

16.1 

16.2 

16.3 

16.4 

17.1 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  18 

Unofficial 

(a) A commitment to provide meaningful, diverse and rewarding work, taking 
into consideration the needs of the organisation, a balance within individual 
workloads and task variety through accurate and meaningful job design 
that offers a breadth and depth of professional endeavour.   

(b) Opportunities to undertake a genuine variety of work tasks which may 
extend across the organisation support a high level of Employee 
engagement and commitment, increased productivity/efficiency, and 
supports the development of a more agile workforce with Employees who 
can proactively solve problems, ensuring the right outcome for Library 
users.  

(c) Employees with a broad range of skills and a holistic understanding of 
library operations and services provision, supported by opportunities for 
practical training and experience (including hands-on experience), position 
the Library to best meet changing user expectations.  

(d) A commitment to the provision of quality library and reference services 
through building professionalism and ensuring that all staff have the 
opportunity to devote adequate attention to a variety of essential duties. 
For staff working directly with the collection this could include but not be 
limited to maintaining, building and providing access to library collections, 
and developing and delivering innovative services within the Library’s 
confines and in its online environment.  

(e) A commitment to regular, ongoing training and development for all staff to 
ensure skills are upgraded and staff have the opportunity to apply their 
skills across a range of areas within the Library.  

 For Librarian and Library Technicians, the following principles are acknowledged: 

(a) Librarians and Library Technicians have genuine opportunities and support 
to provide direct customer service to library users, to enhance employee 
understanding of the needs of the public and the customer experience. 

(b) Librarians require a comprehensive understanding of contemporary and 
historic library and information management practice, including 
developments in reference and information services, collection 
development principles, metadata standards and information technology. 

(c) Librarians & Library Technicians delivering reference services require a 
sound understanding of the Library’s collections. Knowledge of how 
collections can be discovered, accessed and utilised, ensures Library 
users get accurate advice and enhances the Library’s reputation as a 
world-class research library.   

(d) Librarians & Library Technicians delivering reference services need to 
develop and maintain a broad knowledge of the Library’s collections, 
including having the opportunity to develop subject or functional expertise 
of specialist collections. 

18 Professional Development 

 The Parties to this Agreement acknowledge the importance of professional 
development for all Employees. Benefits to the Library in terms of increased 
capabilities, efficiency and productivity results through active learning and 

17.2 

18.1 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  19 

Unofficial 

professional development and the Library is committed to the provision of continued 
training and professional development opportunities for all Employees. 

 A variety of skills is essential in providing a professional, responsive, and efficient 
service which connects our visitors to resources across the Library’s historic and 
contemporary collections. This includes the opportunity for Employees to: 

(a) work collaboratively with colleagues and contribute to continuous 
improvement activities and the development of policies and processes to 
ensure services meet best practice and Library requirements; and 

(b) stay in touch with the needs and expectations of the Victorian community, 
in order to continuously improve the Library’s services.  

Rostered Employees will have the same opportunities for training and career 
development as the rest of the organisation.  Changes to roles or work practices will 
be accompanied with a suitable training package to ensure that Employees are 
appropriately skilled to undertake duties as required.  The career structure reflects 
the high regard the Library places on career enhancement through the continuous 
acquisition of new knowledge and skills. 

19 Agility Principles 

 The Parties agree to interpret and apply this Agreement consistently with the 
following principles aimed at promoting workforce agility:  

(a) The work required of the Library is not static but always evolving, the pace 
and scale of technological advancement, changing community service 
delivery expectations and the need to respond to evolving advancements 
in the Library field;  

(b) Embracing these evolving priorities is essential to providing flexible and 
agile employment at the Library and ensuring that the Library’s Employees 
and teams can responsively move to support these evolving priorities.  

(c) Implementation of the arrangements in clause 16. 

 The Parties agree that the principles set out above will be in effect for the life of the 
Agreement, through a range of evolving workplace practices, modes of work and 
service delivery. These may include, for example, but are not limited to a model 
where:  

(a) Employees may be moved temporarily to projects, teams or programs 
across the Library based on their core skills and capabilities; and for the 
purpose of building new skills and capabilities 

(b) Employees, in line with their core skills and capabilities, may be temporarily 
assigned alternate/different work when required;  

(c) Managers and departments may be temporarily adjusted to align with 
business requirements; 

(d) Employees may participate in interdisciplinary project teams or joint 
ventures, which may change in size and composition over time, with 
shared resources and/or reporting lines outside traditional hierarchical 
structures;  

18.2 

19.1 

19.2 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

80442619.2  20 

Unofficial 

(e) Audience-focused delivery of services with shared or complimentary 
outcomes presently provided by distinct operational areas is enabled;  

(f) Enhanced promotion of, and opportunities for, secondments within the 
Library occur in order to enhance skills and expertise; and 

(g) The Parties regularly review the ways the agility principles can be given 
effect, including in circumstances of any change in government priorities. 

 The Parties agree that workforce agility measures are not intended to disadvantage 
Employees in their employment. In particular: 

(a) Clause 15 Workload applies in respect of workforce agility measures; and  

(b) The Library will explain the changes, including the business need for the 
change, to relevant Employees, and their representatives if appointed; and  

(c) Employees will have the opportunity to discuss the changes with their 
manager; and 

(d) At any time the Employee can ask for the assignment to be reviewed; and  

(e) An affected Employee and/or team may raise a dispute in accordance with 
Clause 14 – Resolution of Disputes. 

 Employees may refuse requests to be temporarily placed into another position, or at 
another location, on grounds such as but not limited to: caring responsibilities, OHS 
risks, or where travel to another location is not practical.  

  The parties agree that clause 11– Implementation of Change or clause 13 – 
Consultation on Changes to Rosters or Hours of Work will apply when:  

(a) a change will result in a redundancy or redundancies; and/or  

(b) a change results in the elimination or diminution of job opportunities or 
salary prospect; and/or  

(c) a change will alter the ordinary hours of work. 

20 Agility Payment  

 Employees will:  

(a) in recognition of the Parties’ commitment to the agility principles outlined 
in clause 19(Agility Principles) of the Agreement; and  

(b) in recognition of the fact that the work required of a modern library is not 
static but always evolving; and  

(c) to acknowledge Employees are committed to ensuring they participate to 
support evolving priorities,  

be paid a lump sum agility payment on the dates and of the amount set out in the 
table in clause 20.3  below (pro rata for part-time and casual Employees) (Agility 
Payment). The amount of each Agility Payment will be based on the grade and value 
range of work being performed by the Employee as at the date the payment is made. 

 Each Agility Payment will:  

19.3 

19.4 

19.5 

20.1 

20.2 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  21 

Unofficial 

(a) for part-time Employees, be calculated pro rata based on the part-time 
Employee’s ordinary hours of work as at the date the relevant Agility 
Payment is made; and 

(b) for casual Employees, be calculated pro rata based on the number of 
ordinary hours worked by the casual Employee in the 12 month period 
immediately preceding the date on which the relevant Agility Payment is 
made, as a proportion of full-time hours (1,976 hours per year). 

 The amount of each Agility Payment for full-time Employees, and the date on which 
each Agility Payment is to be made, is as follows: 

Grade Value 
Range 

Payment to be 
made in first full 
pay period on or 

after this 
Agreement 
commences 

operation 

Payment to be 
made in first full 
pay period on or 
after 1 July 2022 

Payment to be 
made in first full 

pay period on 
or after 1 March 

2023 

Payment to be 
made in first full 

pay period on 
or after 

1 December 
2023 

VPS 1 1.1 $642 $655 $688 $682 

VPS 2 
2.1 $757 $772 $788 $803 

2.2 $851 $868 $886 $903 

VPS 3 
3.1 $963 $982 $1,002 $1,022 

3.2 $1,056 $1,077 $1,099 $1,121 

VPS 4 4.1 $1,222 $1,246 $1,271 $1,297 

VPS 5 
5.1 $1,373 $1,400 $1,428 $1,457 

5.2 $1,503 $1,533 $1,564 $1,595 

VPS 6 
6.1 $1,781 $1,817 $1,854 $1,891 

6.2 $2,039 $2,080 $2,122 $2,165 

VPS 7 

7.1 $2,318 $2,365 $2,412 $2,461 

7.2 $2,566 $2,618 $2,671 $2,724 

7.3 $2,815 $2,871 $2,929 $2,988 

 

21 Secure Employment 

 The Library acknowledges the positive impact that secure employment has on 
Employees and the provision of quality services to the Victorian community. 

20.3 

21.1 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  22 

Unofficial 

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

 Use of Fixed Term Employment 

(a) The Library will not use fixed term contract positions for the purpose of 
undermining the job security or conditions of full-time ongoing Employees. 

(b) In accordance with the principle set out in clause 21.3(a), the use of fixed 
term employment in all areas covered by this Agreement is limited to: 

(i) replacement of Employees proceeding on approved leave; or 

(ii) meeting fluctuating client and employment needs and 
unexpected increased workloads; or 

(iii) undertaking a specified task which is funded for a specified 
period; or 

(iv) filling a vacancy resulting from an Employee undertaking a 
temporary assignment or secondment; or 

(v) temporarily filling a vacancy where, following an appropriate 
selection process, a suitable ongoing Employee is not available; 
or 

(vi) filling a vacant role whilst a review of the area is undertaken, 
provided that such appointment does not exceed a period of 
twelve months. 

(c) In other than exceptional or unforeseen circumstances, fixed term 
appointments to a specific position will be for a maximum of three years, 
subject to clause 57 (Parental Leave). 

(d) Where an Employee is posted overseas the limitations on the use of fixed 
term employment outlined in this clause do not apply. 

 If the CPSU or affected Employees identify fixed term employment that is considered 
not to meet the criteria established in clause 21.3, the CPSU or affected Employees 
will refer the matter to the Library. If the Parties cannot resolve the matter, it will be 
dealt with under clause 14 (Resolution of Disputes). 

22 Employment Categories and Entitlements 

 Basis of Employment 

Employees may be employed on: 

(a) an ongoing basis; or 

(b) a fixed term basis; or 

(c) a casual basis. 

 Job Information 

(a) As soon as practicable after the commencement of employment, the 
Employee will be provided in writing or electronically with details of the job 
title, classification level and job statement for their position. 

21.2 

21.3 

21.4 

22.1 

22.2 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  23 

Unofficial 

(b) A fixed term Employee must be provided in writing or electronically the 
reason for their fixed term employment consistent with clause 21.3. 

(c) The Employee will carry out the duties described in the job statement and 
such other duties as directed consistent with their skills and classification 
descriptors. 

(d) The Library will provide the Employee with a copy of this Agreement and 
information regarding the role of the CPSU and/or CPSU delegates under 
the terms of this Agreement. 

(e) The Library will ensure that an induction process is developed and 
maintained for the purpose of educating new Employees about Agency 
structures and policies within the framework of employment in the VPS. 
The Library will ensure that the CPSU is provided with an opportunity to 
explain their role and functions in consultative and dispute resolution 
processes provided for under this Agreement. 

(f) All Employees should, as far as is reasonable practicable, be provided 
access to all modes of organisational information dissemination (including, 
but not limited to Employee meetings, email, Intranet, MS Teams, 
Sharepoint, remote/online working applications such as Zoom and 
Webex). Upon request by an Employee who is unable to directly access 
organisational information through these channels, due to either rostering 
allocations and/or access to infrastructure like work PCs, alternative 
access to information relevant to the Employee will be provided. 

 Probationary Period – New Employee 

(a) New Employees, other than casual Employees, commence employment 
on a probationary basis for a period of six months (the Probationary 
Period). 

(b) Performance during probation 

If the Library identifies conduct or performance issues during the 
probationary period, the Library will counsel the Employee during the 
Probationary Period in relation to their conduct or performance and provide 
a written record of such counselling to the Employee. 

(c) Confirmation of employment 

Unless the employment is terminated earlier in accordance with clause 
22.3(d), at the completion of the Probationary Period the Employee’s 
employment is confirmed. 

(d) Termination of Employment 

(i) A probationary Employee may resign at any time by giving a 
minimum of two weeks written notice to the Library, or a shorter 
period that is agreed with the Library. 

(ii) In the event that the Employee’s conduct or performance during 
the Probationary Period is unsatisfactory, the Library may 
terminate the probationary Employee’s employment by giving 
two weeks’ notice or two weeks’ pay in lieu of notice. 

22.3 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  24 

Unofficial 

(iii) Any notice period must be given no later than two weeks’ prior to 
the end of the Probationary Period. Alternatively, the Employee’s 
employment may be terminated by giving two weeks’ pay in lieu 
of notice prior to the end of the Probationary Period. 

(iv) A probationary Employee’s employment may be terminated 
without notice or payment in lieu of notice if the Employee has 
committed any act of serious misconduct (as defined in 
regulation 1.07 of the Fair Work Regulations 2009). 

(v) An Employee’s absence from work for any period during the 
Probationary Period does not inhibit the Library from terminating 
the Employee’s employment under this subclause. 

 Part-time Employment 

(a) Provisions relating to salary, leave and all other entitlements contained 
within this Agreement apply to part-time Employees on a pro rata basis 
calculated on the number of ordinary hours worked. 

(b) Part-time employment is for not less than three consecutive hours in any 
day worked except: 

(i) if the Employee works from home by agreement with the Library; 
or 

(ii) with the agreement of the Employee. 

(c) Part-time employment may be worked only by agreement between the 
Employee and the Library, where that agreement includes a roster 
specifying: 

(i) the days in each fortnight the Employee will work; and 

(ii) the start and finish times on the days which the Employee will 
work; and 

(iii) the number of hours the Employee will work on each day they 
work; and 

(iv) agreed processes for the variation of hours of work. 

(d) Rostered hours agreed under clause 22.4(c) will be considered the 
Employee’s ordinary hours. 

23 Termination of Employment 

 Notice of Termination by the Library 

(a) In the event that the Library terminates the employment of an Employee 
(other than a casual Employee), the Employee is entitled to the following 
period of notice: 

(i) Where the period of continuous employment with the Library is 
not more than 3 years - at least 2 weeks. 

(ii) Where the period of continuous employment with the Library is 
more than 3 years - at least 4 weeks. 

22.4 

23.1 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  25 

Unofficial 

Except that: 

(iii) Where the Employee is over 45 years old AND has completed at 
least 2 years of continuous employment with the Library, the 
period of notice above should be increased by 1 week; and 

(iv) The period of notice worked out through the above clause cannot 
be less than any period of notice to which the Employee would 
otherwise be entitled under the provisions of any employment 
contract which applies to the Employee at the time he/she is 
advised of the termination of employment. 

(b) Payment in lieu of the notice will be made if the appropriate notice period 
is not required to be worked. Employment may be terminated by the 
Employee working part of the required period of notice and by the Library 
making payment for the remainder of the period of notice. 

(c) In calculating any payment in lieu of notice, the full rate of pay (as defined 
in the FW Act) an Employee would have received for the time they would 
have worked during the period of notice had their employment not been 
terminated will be used. 

(d) The period of notice in this clause will not apply in the case of dismissal for 
conduct that justifies instant dismissal. 

 Employee Resignation 

The notice of termination required to be given by an Employee is the same as that 
required of the Library, except that there is no requirement on the Employee to give 
additional notice based on the age of the Employee concerned. 

 Abandonment of Employment 

(a) Abandonment of employment is the unapproved absence of an Employee 
without reasonable grounds as described in clause 23.3(b). 

(b) The Library is entitled to regard the employment of an Employee as 
abandoned if: 

(i) the Employee has been absent for more than 20 working days 
without the approval of the Library; and 

(ii) the Employee has not provided the Library with a reasonable 
explanation for their absence; and 

(iii) the Library, after having made reasonable inquiries, could not 
reasonably be aware of any reasonable grounds for the absence. 

(c) Abandonment of employment constitutes grounds for termination by the 
Library if the employment has not otherwise ended. 

(d) If the Library terminates an Employee’s employment due to abandonment 
of employment, the Library will provide notice of termination or pay in lieu 
of notice in accordance with clause 23.1. 

 Statement of Employment 

(a) The Library must, upon receipt of a request from an Employee whose 
employment will cease or has ceased, provide to the Employee a written 

23.2 

23.3 

23.4 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  26 

Unofficial 

statement specifying the period of their employment and the classification 
of or the type of work performed by the Employee. 

(b) Where the Library terminates an Employee's employment, the Library 
must, at the Employee’s request, provide a written statement of the 
reasons for dismissal. 

 Rights Not Limited 

This clause does not limit the rights of Employees to pursue any other legal remedy 
in respect of termination of employment 

24 Costs of Employment Related Legal Proceedings 

 If an Employee is required to attend or participate in a proceeding, hearing, 
examination, inquiry or investigative process on matters which arise from the 
performance of the Employee’s duties, the Library must meet the Employee’s 
reasonable legal costs relating to the Employee’s appearance and legal 
representation in the matter. This includes, but is not limited to, a matter before a 
Royal Commission, Independent Broad-based Anti-Corruption Commission, 
Ombudsman’s or a Coroner’s inquest. 

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

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

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

 This clause does not require the Library to meet any Employee legal costs incurred 
in response to an employment related act, process or decision of the Library. 

25 Working From Home 

 Working from home arrangements may be agreed between the Library and an 
individual Employee on a case by case basis. 

 During the life of the Agreement, the Parties agree to review working from home 
arrangements taking into account the experience gained during the Coronavirus 
(COVID-19) pandemic. 

26 Redeployment 

Redeployment Principles are set out in Schedule B. 

27 Management of Unsatisfactory Work Performance 

 The purpose of this clause is to: 

23.5 

24.1 

24.2 

24.3 

24.4 

24.5 

25.1 

25.2 

27.1 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  27 

Unofficial 

(a) support Employees with unsatisfactory work performance to improve their 
performance to the required standard; and 

(b) ensure that unsatisfactory work performance is addressed expeditiously; 
and 

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

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

 Application 

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

(b) This clause applies to all Employees except casual Employees and 
Employees subject to a probationary period of employment. 

 Referred unsatisfactory work performance matters 

The Library may at any time elect, where there is reasonable cause, to manage the 
Employee’s work performance in accordance with clause 28 (Management of 
Misconduct). Once an election has been made by the Library under this clause, any 
matters that have arisen under the process in this clause may be considered in the 
process pursuant to clause 28 (Management of Misconduct). 

 Meaning of unsatisfactory work performance 

An Employee’s work performance is unsatisfactory if the Employee fails to behave 
in the ways described in the Code of Conduct for Victorian Public Sector Employees 
as issued under section 61 of the PAA or perform to the required standards or 
expectations of their role. 

 Procedural fairness to apply 

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

(b) All parties involved in the process will commit to completing it as quickly as 
practicable. 

(c) Before commencing formal unsatisfactory work performance processes, 
the Library must: 

(i) tell the Employee the purpose of the meeting; and 

(ii) provide the Employee with a copy of the formal unsatisfactory 
work performance process to be followed as outlined in clause 
27.9; and 

(iii) provide a reasonable opportunity for the Employee to seek 
advice from the CPSU or a representative of their choice before 
the unsatisfactory work performance process commences; and 

(iv) allow the Employee the opportunity to provide details of any 
mitigating circumstances. 

27.2 

27.3 

27.4 

27.5 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  28 

Unofficial 

(d) The Library must take into account any reasonable explanation of any 
failure by the Employee to participate before making a decision under this 
clause 27. 

 Employee Representation 

An Employee is entitled to be represented by a person of their choice (including a 
CPSU representative) at any stage of the formal review meetings of the 
unsatisfactory work performance management process. 

 Prior to commencing the process 

Prior to commencing the formal unsatisfactory work performance process, the 
Library must: 

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

(b) have a reasonable expectation that the Employee is capable of meeting 
the required level of performance. If the Library and Employee agree that 
the Employee is not capable of meeting the required level of performance 
the Library may reassign the Employee to a suitable alternative position 
where reasonably practicable. The suitable alternative position may be at 
a lower grade should both the Library and Employee agree. 

 Commencing the formal unsatisfactory work performance process 

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

(a) increased supervision; or 

(b) changes to the Employee’s performance plan; or 

(c) mentoring; or 

(d) training and professional development; or 

(e) increased feedback; or 

(f) coaching; or 

(g) performance improvement plan. 

 First stage – formal counselling 

(a) The first stage of formal management of unsatisfactory work performance 
is formal counselling of the Employee. The Library must: 

(i) advise the Employee of the unsatisfactory work performance and 
confirm the commencement of the formal counselling stage; and 

(ii) outline the standard required of the Employee; and 

(iii) provide the Employee with an opportunity to respond within a 
reasonable timeframe; and 

27.6 

27.7 

27.8 

27.9 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  29 

Unofficial 

(iv) provide the Employee with an opportunity to improve within a 
reasonable timeframe. 

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

(c) A record of the formal counselling session will be placed on the Employee’s 
personnel file. 

(d) The formal counselling record must indicate: 

(i) the standard expected of the Employee; and 

(ii) where and how the Employee is not meeting this standard; and 

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

(e) If the Library determines that the Employee has met the required standard 
of performance during the reasonable timeframe referred to in clause 
27.9(a)(iv) the Library will notify the Employee that: 

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

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

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

 Second stage – formal written warning 

(a) The Employee will be given a formal written warning by the Library, if: 

(i) the Employee’s performance has not improved within the 
reasonable period following formal counselling in accordance 
with clause 27.9(a)(iv); and/or 

(ii) the Employee engages in further unsatisfactory work 
performance. 

(b) The Library must: 

(i) advise the Employee of the unsatisfactory work performance; 
and 

(ii) outline the standard required of the Employee; and 

(iii) provide the Employee with an opportunity to respond within a 
reasonable timeframe; and 

(iv) provide the Employee with an opportunity to improve within a 
reasonable timeframe. 

(c) The formal written warning must indicate: 

27.10 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  30 

Unofficial 

(i) the standard expected of the Employee; and 

(ii) where and how the Employee is not meeting this standard; and 

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

(d) The written warning will be placed on the Employee’s personnel file. 

(e) If the Library determines that the Employee has met the required standard 
of performance during the reasonable timeframe referred to in clause 
27.10(b)(iv), the Library will notify the Employee that: 

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

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

(f) A copy of this notification will be placed on the Employee’s personnel file. 

 Third stage – final warning 

(a) The Employee will be given a final written warning by the Library if: 

(i) the Employee’s performance has not improved within the 
reasonable time period following receipt of a formal written 
warning in accordance with clause 27.10(b)(iv); or 

(ii) the Employee engages in further unsatisfactory work 
performance. 

(b) The Library must: 

(i) advise the Employee of the unsatisfactory work performance; 
and 

(ii) outline the standard required of the Employee; and 

(iii) provide the Employee with an opportunity to respond within a 
reasonable timeframe; and 

(iv) provide the Employee with an opportunity to improve within a 
reasonable timeframe. 

(c) The final written warning must indicate: 

(i) the standard expected of the Employee; and 

(ii) where and how the Employee is not meeting this standard; and 

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

27.11 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  31 

Unofficial 

(d) The final written warning will be placed on the Employee’s personnel file. 

(e) If the Library determines that the Employee has met the required standard 
of performance during the reasonable timeframe referred to in clause 
27.11(b)(iv), the Library will notify the Employee that: 

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

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

(f) A copy of this notification will be placed on the Employee’s personnel file. 

 Determination of unsatisfactory work performance outcome 

(a) In the event that the Employee’s performance has not improved within the 
reasonable time period following the process set out in clauses 27.9 and 
27.10 and on receipt by the Employee of the final written warning in 
accordance with clause 27.11, the Library will advise the Employee of the 
Employee’s continued or repeated unsatisfactory work performance and 
provide the Employee with a reasonable opportunity to respond. 

(b) After considering the Employee’s performance and response (including 
any failure to respond in accordance with clause 27.12(a), the Library will 
determine the unsatisfactory work performance outcome that is to apply to 
the Employee. 

(c) The possible outcomes are: 

(i) assignment of the Employee with or without their agreement to a 
role at a classification level or Value Range lower than the 
Employee’s current classification level or Value Range; or 

(ii) termination of the Employee’s employment. 

(d) The Library will advise the Employee of the unsatisfactory work 
performance outcome in writing and a copy will be placed on the 
Employee’s personnel file. 

 Disputes 

Any dispute arising under this clause may only be dealt with in accordance with 
clause 14 (Resolution of Disputes) when any of the following are placed on the 
Employee’s personnel file in accordance with this clause (this may include whether 
clause 27.5 has been complied with in the Library coming to a decision): 

(a) a record of formal counselling; or 

(b) a formal written warning; or 

(c) a final written warning; or 

(d) a notification given to the Employee pursuant to clauses 27.9(e), 27.10(e) 
or 27.11(e); or 

(e) a record of unsatisfactory work performance outcome. 

27.12 

27.13 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  32 

Unofficial 

28 Management of Misconduct 

 The purpose of this clause is to: 

(a) establish procedures for managing misconduct or alleged misconduct of 
an Employee; and 

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

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

(d) manage the Employee’s performance in accordance with this clause 28 
instead of clause 27 (Management of Unsatisfactory Work Performance) 
where the Library determines that it would be more appropriate. 

 Application 

(a) Subject to applicable Victorian and federal legislation, action taken by the 
Library in relation to misconduct will be consistent with this clause. 

(b) This clause applies to all Employees except casual Employees and 
Employees subject to a probationary period of employment. 

 Meaning of misconduct 

For the purposes of this clause, misconduct includes: 

(a) a contravention of a provision of the PAA, the regulations to that Act,  the 
Code of Conduct for Victorian Public Sector Employees or a provision of 
any statute or regulation that applies to the Employee in the Employee’s 
employment; or 

(b) improper conduct in an official capacity; or 

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

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

(e) an Employee making improper use of information they acquired by virtue 
of their position to gain personally, or for anyone else, financial or other 
benefits or to cause detriment to the Library. 

 Referred matters under clause 27 

Any matters that have arisen under the management of unsatisfactory work 
performance process in clause 27 may be considered in the misconduct process 
pursuant to this clause 28. 

 Employee representation 

An Employee is entitled to be represented by a person of their choice (including a 
CPSU representative) at any stage of the misconduct process. 

28.1 

28.2 

28.3 

28.4 

28.5 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  33 

Unofficial 

 Procedural fairness to apply 

(a) The process for managing Employee misconduct will be consistent with 
the principles of procedural fairness. 

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

(c) The Library will: 

(i) advise the Employee of the purpose of any meetings; and 

(ii) provide the Employee with a copy of the formal process to be 
followed; and 

(iii) provide a reasonable opportunity for the Employee to seek 
advice from the CPSU or a representative of their choice at any 
stage of the misconduct process; and 

(iv) allow the Employee the opportunity to provide details of any 
mitigating circumstances. 

(d) The Library must take into account any reasonable explanation of any 
failure by the Employee to participate before making a decision under this 
clause 28. 

 Directions 

(a) Where Employee misconduct is alleged, the Library may do any of the 
following: 

(i) make an initial assessment of the alleged misconduct before 
commencing the formal process to determine if an investigation 
is required in accordance with clause 28.10; and/or 

(ii) determine that it is appropriate to immediately commence an 
investigation of the alleged misconduct in accordance with 
clause 28.10; and/or 

(iii) direct the Employee to proceed immediately to perform 
alternative duties or work at an alternative place of work; and/or 

(iv) direct the Employee not to speak to other Employees of the 
Library about the matter or not to visit certain places of work; 
and/or 

(v) suspend the Employee with pay. 

(b) In the event that the Library suspends the Employee with pay under clause 
28.7(a)(v), the Library will: 

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

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

(c) The Library will continue to review any decision regarding an Employee’s 
suspension every four weeks thereafter, until the end of the misconduct 
process in accordance with this clause 28. 

28.6 

28.7 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  34 

Unofficial 

 Advising the Employee 

(a) As soon as practicable after an allegation of misconduct has been made 
and the Library has determined in accordance with clause 28.7(a)(i) or 
clause 28.7(a)(ii) that an investigation is required, the Library will advise 
the Employee of the alleged misconduct in writing. 

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

 Admissions by Employee 

(a) The Employee may at any stage elect to admit the alleged misconduct. 

(b) If the Employee admits the alleged misconduct, the Library may: 

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

(ii) proceed immediately to the determination of the misconduct 
clause 28.12 by advising the Employee of the proposed discipline 
outcome and giving the Employee a reasonable opportunity to 
respond to the findings in accordance with clause 28.11. 

 Investigation of alleged misconduct 

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

(b) The Library will provide the Employee with an opportunity to speak to the 
investigator if the Employee wishes to do so. 

(c) The investigation may include: 

(i) collecting any relevant materials; and 

(ii) speaking with the Employee; and 

(iii) speaking with any relevant witnesses; and 

(iv) providing the Employee with specific particulars to allow the 
Employee to properly respond to the alleged misconduct; and 

(v) seeking an explanation from the Employee; and 

(vi) investigating any explanation made by the Employee for the 
purposes of verifying the explanation so far as possible. 

(d) In relation to each allegation of misconduct, the investigator will make 
findings as to whether: 

(i) the allegation is substantiated; or 

(ii) the allegation is not substantiated. 

28.8 

28.9 

28.10 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  35 

Unofficial 

(e) Where the investigator makes a finding that an allegation is not 
substantiated, which is accepted by the Library, the misconduct process 
will conclude in relation to any such allegation and the Employee will be 
informed accordingly. 

(f) Where the investigator makes a finding that the allegation is substantiated, 
the Library will consider this information and propose a discipline outcome. 

 Opportunity for response by Employee 

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

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

 Determination of discipline outcome 

(a) The Library will consider: 

(i) the findings of the investigator; and 

(ii) any recommendations as to the appropriate disciplinary 
outcome; and 

(iii) any response of the Employee (including any admission of 
misconduct under clause 28.9); and 

(iv) any prior disciplinary outcomes, 

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

(b) The possible discipline outcomes are: 

(i) no action; or 

(ii) performance management; or 

(iii) formal counselling; or 

(iv) formal warning; or 

(v) final warning; or 

(vi) assignment of the Employee with or without their agreement to a 
role at a classification level or Value Range lower than the 
Employee’s current classification level or Value Range: 

• Where no suitable positions are available within the 
Employee’s existing work area, the disciplinary 
outcome may also include a transfer of the Employee 
with or without their agreement to a different work area; 

28.11 

28.12 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  36 

Unofficial 

(vii) transfer of the Employee with or without their agreement to a 
different work area at the Employee’s current classification level; 
or 

(viii) termination of employment. 

(c) In order to avoid a more severe discipline outcome being applied to an 
Employee, the Library may apply the discipline outcomes listed in clause 
28.12(b)(ii) to 28.12(b)(vii) together to form a single disciplinary outcome. 

(d) The Library will advise the Employee of the discipline outcome in writing 
and a copy will be placed on the Employee’s personnel file. 

 Informing Employee who raised allegation of misconduct 

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

 Disputes 

(a) Any dispute arising under this clause may only be dealt with in accordance 
with clause 14 (Resolution of Disputes) when any of the following are 
placed on the Employee’s personnel file in accordance with this clause 
(this may include whether clause 28.6 has been complied with in the 
Library coming to a decision): 

(i) a record of formal counselling; or 

(ii) a formal written warning; or 

(iii) a final written warning; or 

(iv) a record of discipline outcome. 

(b) Despite clause 28.14(a), a party to a misconduct investigation, may use 
clause 14 (Resolution of Disputes) over the application of clause 28.6(b) 
when: 

(i) a misconduct investigation under clause 28.10 has not been 
completed within six months of the Employee being advised of 
alleged misconduct under clause 28.8, and 

(ii) the party considers the delay to be unreasonably caused by the 
other party. 

 Potential criminal conduct 

Where alleged misconduct that is the subject of a process in accordance with this clause 28 
is also the subject of a criminal investigation or criminal proceedings, the Library is not required 
to delay or cease the management of misconduct process under this clause 28 but the Library 
may exercise its discretion to do so. 

28.13 

28.14 

28.15 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  37 

Unofficial 

Part 5 – Salary and Related Matters 

29 Classifications and Salaries 

 General Principles 

(a) Classifications are divided into Grades and Value Ranges. The salary 
range for each Grade and the size and number of Value Ranges are 
detailed in Schedules C and D. 

(b) Employees will be employed within one of these Grades and Value Ranges 
based on work requirements in accordance with the Standard 
Classification and Value Range Standard Descriptors (see Schedule E 
Non-Executive Career Structure Classification Grade and Value Range 
Standard Descriptors). 

 Movement between Value Ranges 

Employees and/or positions can move between Value Ranges.  Movement between 
the Value Ranges can occur following a job resizing or expansion of role review.  
The review process includes an assessment of the work the Library requires to be 
undertaken and the performance of that work by the Employee.  These are assessed 
against the benchmarks specified in the Classification and Value Range Standard 
Descriptors (Schedule E Non-Executive Career Structure Classification Grade and 
Value Range Standard Descriptors). 

 Classification and Salary on Appointment 

(a) Employees will be appointed to a Grade and Value Range based on work 
requirements in accordance with the Classification and Value Range 
Standard Descriptors at Schedule E to this Agreement. 

(b) Recruitment will generally be to the base of a Grade. In determining 
whether to recruit an Employee above the base salary point of the relevant 
Grade and/or Value Range, the Library will have regard to the following 
matters: 

(i) An assessment of whether the existing remuneration of the 
individual would require paying above the base; 

(ii) For Grades 1 to 4, appointment will be to a progression step 
within the relevant Value Range; and 

(iii) The gender equity effects of appointments. 

 VPS 1 Classification 

The VPS 1 classification is a training grade. 

 Progression Within a Grade and Value Range 

(a) Within each Value Range of Grades 1 to 4 there are progression steps 
(expressed as salary points). Within Grades 5 to the Senior Technical 
Specialist Grade there are standard progression amounts. The 
progression amounts are expressed in terms of dollars and are common 
to all Employees within a given Grade/Value Range. 

29.1 

29.2 

29.3 

29.4 

29.5 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  38 

Unofficial 

(b) Progression steps or amounts within Value Ranges are not points of 
defined work value. Progression between progression steps or amounts 
will occur when an Employee is assessed at their annual performance 
review as “meeting the progression criteria”. Progression within the salary 
structure is not automatic, consistent with wage fixing principles. 

 Occupational Specific Structure for Librarians and Conservators, Library 
Technicians, Library Assistants 

The Occupational Specific Structure is aligned with State Library Victoria General 
Career Structure framework and associated salary and progression steps/amounts 
as set out in this clause. See Schedule D (Library Occupational Specific Structure 
(Classifications and Salary for Librarians and Conservators, Library Technicians and 
Library Officers)) for rates of pay and principles of operation. 

30 Gender Equality 

 Gender Pay Equity Principles 

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

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

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

(d) Relationship between paid and unpaid work: Employment and pay 
practices recognise and account for different patterns of labour force 
participation by workers who undertaking unpaid and/ or caring work. 

(e) Sustainability: Interventions and solutions are collectively developed and 
agreed, sustainable and enduring. 

(f) Participation and engagement: Workers, unions and employers work 
collaboratively to achieve mutually agreed outcomes. 

 Meaning of ‘pay’ 

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

 Commitment to collaborative approach to achieving gender pay equity 

The Library will work collaboratively with Employees and the CPSU to identify, 
support and implement strategies designed to eradicate the gender pay gap, gender 
inequality and discrimination. 

 Claims relating to systemic gender equality issues 

(a) A systemic gender equality issue means an issue of a systemic nature 
within the Library which adversely affects a class or group of Employees 
of the Library, relating to: 

29.6 

30.1 

30.2 

30.3 

30.4 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  39 

Unofficial 

(i) The gender composition of any or all workforce levels of the 
Library; or 

(ii) The gender composition of governing bodies; or 

(iii) Equal remuneration for work of equal or comparable value across 
any or all workforce levels of the Library irrespective of gender; 
or 

(iv) Sexual harassment in the workplace; or 

(v) Recruitment and promotion practices in the workplace; or 

(vi) Availability and utilisation of terms, conditions and practices in 
the workplace relating to family violence leave, flexible working 
arrangements and working arrangements supporting Employees 
with family or caring responsibilities; or  

(vii) Gendered workplace segregation.  

(b) The CPSU and/or a class or group of Employees (Claimant/s) may seek 
resolution of a dispute relating to a systemic gender equality issue (Claim) 
in accordance with this clause.  

(c) A Claim or Claims under this clause must be made in writing to the Library. 

(d) In the first instance the Claim should include sufficient detail for the Library 
to make a reasonable assessment of the nature of the Claim, the 
Employees impacted by the Claim and any proposals to resolve the Claim.   

(e) The Library must meet and discuss the Claim with the Claimant prior to 
responding to the Claim. 

(f) The Library must respond to the Claim in writing to the Claimant/s, within 
a reasonable time, including enough details in the response to allow the 
Claimant to understand the Library’s response to each element of the 
Claim, including reasons why the Claim is accepted or rejected.   

(g) If the Claim is unable to be resolved between the Library and the 
Claimant/s, either the Claimant/s or the Library may refer the Claim to the 
Public Sector Gender Equality Commissioner (Commissioner) to deal 
with.  

(h) In dealing with a Claim, the Commissioner:  

(i) Must consider the Gender Pay Equity Principles articulated in 
clause 30.1 above; and 

(ii) Must be objective and free from assumptions based on gender; 
and 

(iii) Must acknowledge that current pre-existing views, conclusions 
or assessments of comparable worth or value may not be free of 
assumptions based on gender; and 

(iv) Must ensure that skills, responsibilities, effort and conditions that 
are commonly undervalued such as social and communication 
skills, responsibility for wellbeing of others, emotional effort, 
cultural knowledge and sensitivity are considered; and  








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  40 

Unofficial 

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

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

(vii) Must consider evidence that the Claim may not be isolated to the 
Library subject to the Claim but may affect Employees from other 
public sector employers not covered by this Agreement; and 

(viii) May jointly deal with a Claim and any other dispute which has 
been referred to the Commissioner which relates to the same or 
similar systemic gender equality issues; and 

(ix) Must consider the views of the Claimant prior to jointly dealing 
with multiple Claims or disputes; and 

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

(i) If a Claim is unable to be resolved by the Commissioner, either the 
Claimant or the Library may refer the Claim to the Fair Work Commission 
for resolution pursuant to clause 14. 

(j) This clause does not apply to any dispute regarding a matter or matters 
arising in the course of bargaining in relation to a proposed enterprise 
agreement.  

(k) A Claimant or the Library may choose to be represented at any stage by a 
representative, including a CPSU representative or employer’s 
organisation.  

(l) The Claimant and the Library and their representatives must genuinely 
attempt to resolve the dispute through the processes set out in this clause 
and must cooperate to ensure that these processes are carried out 
expeditiously.  

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

 Gender Equality Action Plans 

The Library will consult with the CPSU in the preparation of Gender Equality Action 
Plans under the Gender Equality Act 2020 (Vic). 

30.5 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  41 

Unofficial 

31 Gendered Violence at Work 

 Gendered violence is physical, sexual, psychological or economic harm directed at 
a person because of their gender, gender identity, sexual orientation or because they 
do not adhere to dominant gender stereotypes or socially prescribed gender roles. 
Gendered violence includes:  

(a) violence directed at women because they are women;  

(b) violence directed at a person because they identify as lesbian, gay, 
bisexual, trans and gender diverse, intersex, queer and questioning 
(LGBTIQ); and 

(c) violence directed at a person because they don’t conform to socially 
prescribed gender roles or dominant definitions of masculinity or femininity.  

 Gender inequalities, sexism, homophobia and transphobia at work drive gendered 
violence in the workplace. Gendered violence can be perpetrated by those who are 
external to the workplace (such as customers) and those that are internal to the 
workplace (such as work peers and managers). 

 The Library, the CPSU and Employees are committed to working together to reduce 
gendered violence, so far as is practicable, in the workplace. The Library will address 
instances of alleged gendered violence in accordance with the relevant policy. 

32 Performance Review and Progression within a Value Range 

 Performance cycle and review 

(a) The performance review cycle is 12 months (1 July to 30 June). 

(b) All Employees must participate in the performance review process, 
including in the development of performance plans and conduct of 
performance discussions and reviews. 

(c) The “performance criteria” are to be agreed with each Employee at the 
start of the performance cycle or upon commencement in a role and can 
be adjusted by agreement during the performance cycle.  The performance 
criteria for an individual Employee are to be developed using the 
performance standards outlined herein. 

(d) All Employees can expect informal and formal feedback about their 
performance throughout the performance cycle with their supervisor or 
manager. A performance review is undertaken at the end of each 
performance cycle. Performance against the performance criteria is 
assessed at that time. Employees must meet all elements of their individual 
performance plans to be eligible for progression. 

(e) An Employee will be eligible for progression or a top of grade/value range 
payment if the Employee has been in their role for 3 months or more, 
except in the following circumstances: 

(i) The Employee has been appointed on probation and has been 
in their role for less than 6 months at the time the performance 
review is undertaken. 

31.1 

31.2 

31.3 

32.1 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  42 

Unofficial 

(ii) The Employee has completed a formal underperformance 
process or is subject to one under clause 27 (Management of 
Unsatisfactory Work Performance) at 30 June; or 

(iii) The Employee is subject to proven misconduct as per clause 28 
(Management of Misconduct), during the course of the 
performance cycle. 

 Top of Grade or Value Range Payment 

(a) An Employee at the top of their Grade or Value Range will receive a top of 
Grade or Value Range payment where the Employee is assessed at their 
annual performance review as meeting the “progression criteria” outlined 
in the Employee’s performance plan. 

(b) The top of Grade or Value Range payment will be equal to one per cent of 
the Employee’s Salary as at 30 June of the relevant performance cycle. 

 Higher duties - Progression payments 

(a) Where an Employee has been acting in a higher position for a period of 
twelve months, the Employee will be eligible for consideration of 
progression or a top of Grade or Value Range payment for continued 
performance of the higher duties beyond 12 months. 

(b) In the event an eligible Employee acting in a higher position is progressed 
to the next progression step/ amount in that higher position, on returning 
to their substantive position they will be deemed to have progressed to the 
next progression step/ amount within their substantive Grade (if 
applicable). 

 Performance Review Plans 

A Performance Review Plan for each Employee will be developed and agreed for 
the duration of each performance cycle. The Performance Review Plan will be 
reviewed approximately every 6 months and coordinated with the Library’s annual 
business planning cycle.  Every Employee should have an annual professional 
development plan as part of their Performance Review Plan. 

 Performance Standards 

(a) The performance standards detailed below may be weighted and 
combined, appropriate to the role, to make up an individual Employee’s 
“progression criteria”. 

(b) Performance standards for all Grades are as follows: 

(i) Achieving the performance targets; 

(ii) Demonstrating public sector and State Library values and 
behaviours; and 

(iii) Applying learning and development. 

(c) Management should facilitate an individual Employee’s ability to undertake 
appropriate learning and development. An individual Employee must 
actively pursue appropriate learning and development to meet their 
performance standard. 

32.2 

32.3 

32.4 

32.5 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  43 

Unofficial 

(d) An Employee will not be disadvantaged where learning and development 
opportunities are not available. It is acknowledged that within Grades 1 to 
4 the progression criteria will not be as onerous as those which will be 
required for Grades 5 to Senior Technical Specialist. Whilst Grades 3 and 
4 are clearly seen as transition points to higher levels of management 
within the structure and carry additional responsibility, this does not mean 
work at all lower levels will not be important and demanding. However, it is 
expected that in setting agreed progression criteria the overwhelming 
majority of persons within Grades 1 to 4 will achieve the objectives and 
should move through the salary points. 

(e) This is to be contrasted with persons in Grades 5 to Senior Technical 
Specialist. In these Grades agreed objectives will include measures of 
excellence and skill acquisition commensurate with the high level of 
responsibility. It is expected that progression at these levels will be both 
more challenging and difficult to achieve. 

 Progression Outcome 

(a) Central to progression will be the need for managers and staff to identify 
what should, and can, be delivered to warrant progression through a 
combination of capacity, productivity, performance and professionalism. 
This interaction between managers and staff gives authority and integrity 
to the structure and its sustainability in the long term. 

(b) Employees who meet the progression criteria will progress one salary point 
or amount as appropriate. 

 Performance Review Management 

(a) The Library’s Performance Review Management System supports the 
Career Structure including the Occupational Specific Adaptive Structure by 
ensuring that Employee performance, development and progression aligns 
with and promotes the Library’s Corporate Business Plan. 

(b) The Library’s Performance Review Management System: 

(i) Provides an integrated assessment and performance 
management process that is designed to promote career 
advancement and organisational excellence. The process 
ensures that measurable work and development goals and 
objectives are identified, are evaluated against agreed 
performance standards and that contributions to the Library’s 
corporate goals are recognised and acknowledged. 

(ii) Supports the Library’s values, as contained in the Corporate Plan 
as follows; 

(A) Innovation; 

(B) Collaboration; 

(C) Engagement; 

(D) Excellence; 

(E) Respect. 

32.6 

32.7 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  44 

Unofficial 

(iii) Enables the Library to meet business objectives by planning and 
managing work, enhancing its customer service through the 
promotion of Employee professionalism, building internal 
capacity through the development of Employees, encouraging 
Employees to use their experience to continually improve their 
own and the Library’s performance and acknowledging the 
contribution of Employees. 

(iv) Provides the opportunity for Employees who disagree with the 
determination of a work value assessment of their role against 
the Grade or Value Range Descriptors to access a formal review 
mechanism in accordance with the process outlined under 
clause 14 (Resolution of Disputes). 

(c) Professionalism in the Library context embraces a broad range of 
professional duties that include excellence in the delivery of customer 
service to internal and external customers, contribution to the 
development, accessibility and preservation/conservation of the Library’s 
collections and, the maintenance of up to date skills and knowledge of 
Library practices and applications. 

33 Salary Increases 

 Salary Increases 

(a) Employees employed by the Library at or after the date of commencement 
of this Agreement will receive the following Salary increases: 

Date of Effect Percentage Increase 

20 March 2020 1.50% 

1 December 2020 1.25% 

1 September 2021 1.50% 

1 June 2022 1.25% 

1 March 2023 1.50% 

1 December 2023 1.00% 

(b) The Salary increases outlined in clause 33.1 are to apply to the salary 
ranges set out in Schedule C. 

 Increases to Salary caps for certain entitlements 

Where eligibility for any Employee entitlement is to be calculated by reference to a 
rate of pay, then the rate of pay applicable as at date of commencement of this 
Agreement will be increased by the same increases and from the same operative 
dates as provided for in clause 33.1. 

 Allowance adjustment 

(a) All work and condition allowances in this Agreement will be increased by 
the same increases and from the same operative dates as provided for in 
clause 33.1. 

33.1 

33.2 

33.3 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  45 

Unofficial 

(b) An exception to this is any allowance or payment which is expressed in the 
relevant provision to have been increased based on the annual rates listed 
in the relevant table. These annual rates incorporate the Salary increases 
for the relevant year. 

34 Casual Employees 

 Definition of Casual Employee 

A person is a Casual Employee of the Library if: 

(a) an offer of employment made by the Library to the person is made on the 
basis that the Library makes no firm advance commitment to continuing 
and indefinite work according to an agreed pattern of work for the person; 
and 

(b) the person accepts the offer on that basis; and 

(c) the person is an Employee as a result of that acceptance. 

 Use of Casual Employment 

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

(b) In accordance with the principle set out in clause 34.2(a), the employment 
of casuals in all areas covered by this Agreement is limited to meeting 
short-term work demands or specialist skill requirements which are not 
continuing and would not be anticipated to be met by existing Employee 
levels. 

(c) Casual employment will be for not less than three consecutive hours in any 
day worked except: 

(i) where the Employee works from home by agreement with the 
Library; or 

(ii) with the agreement of the Employee. 

 If the CPSU or affected Employees identify casual employment that is considered 
not to meet the criteria established in clause 34.2, the CPSU or affected Employees 
will refer the matter to the Library. If the Parties cannot resolve the matter, it will be 
dealt with under clause 14 (Resolution of Disputes). 

 Casual Employee Entitlements 

Casual Employee are entitled to the benefits in the clauses listed below, subject to 
the terms of those clauses, and are not entitled to any other benefits contained in 
this Agreement: 

(a) Clause 20: Agility Payment; 

(b) Clause 24: Costs of Employment Related Legal Proceedings; 

(c) Clause 29: Classifications and Salaries (on the basis that the applicable 
hourly base rate of pay to which the casual loading is added (pursuant to 

34.1 

34.2 

34.3 

34.4 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  46 

Unofficial 

clause 34.5) is calculated by dividing the salary for the Employee’s grade 
and value range by 1,976; 

(d) Clause 30: Gender Equality;  

(e) Clause 31: Gendered Violence; 

(f) Clause 33: Salary increases; 

(g) Clause 34: Casual Employment; 

(h) Clause 36: Salary Packaging; 

(i) Clause 37: Allowances; 

(j) Clause 38: Reimbursement of expenses; 

(k) Clause 39: Superannuation; 

(l) Clause 43: Rest and Meal Breaks; 

(m) Clause 46: Childcare; 

(n) Clause 53.10: Personal/carer’s leave (unpaid); 

(o) Clause 54: Family violence leave (unpaid); 

(p) Clause 56.3: Compassionate leave (unpaid); 

(q) Clause 57: Parental Leave (unpaid); 

(r) Clause 60.5: Gender Transition Leave (unpaid); 

(s) Clause 64: Long Service Leave; 

(t) Clause 66: Jury Service; 

(u) Clause 68: Leave to Engage in Voluntary Emergency Management 
Activities (unpaid); 

(v) Clause 72: Other Leave; 

(w) Clause 76: Facilities, Equipment and Accommodation. 

 Casual Loading 

Employees employed on a casual basis will receive a loading of 25 per cent in 
addition to the applicable hourly rate of pay as compensation in lieu of any 
entitlement to the following benefits: 

(a) payment for Public Holidays not worked; and 

(b) annual leave and annual leave loading; and 

(c) paid compassionate leave; and 

(d) paid personal/carer’s leave; and 

(e) payment in lieu of notice of termination; and 

(f) redundancy pay. 

34.5 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  47 

Unofficial 

 Penalty rates for Casual Employees  

(a) Casual Employees are entitled to the following penalty rates: 

(i) An allowance of 15% will apply to casuals who perform work up 
to 7.6 hours when commencing before 7am or finishing after 7pm 
Monday to Friday. The 15% will be in addition to the casual 
loading equating to an additional 40% of the ordinary hourly rate. 

(ii) An allowance of 50% will apply to casuals who perform work on 
Saturday up to 7.6 hours. The 50% will be in addition to the 
casual loading equating to an additional 75% of the ordinary 
hourly rate. 

(iii) An allowance of 100% will apply to casuals who perform work up 
to 7.6 hours on Sunday. The 100% will be in addition to the 
casual loading equating to an additional 125% of the ordinary 
hourly rate. 

(iv) An allowance of 150% will apply to casuals who perform work on 
Public Holidays. The 150% will be in addition to the casual 
loading equating to an additional 175% of the ordinary hourly 
rate. 

(b) The overtime payments prescribed in clause 44.5 will apply to casuals for 
work in excess of 7.6 hours in a day. The overtime payment will be in 
addition to the casual loading (for example, for overtime performed 
Monday to Friday, the first three hours will be paid at 175% of the ordinary 
hourly rate). 

 Casual conversion 

Casual conversion will be in accordance with, and subject to the terms of, the FW 
Act 

35 Payment of Salaries 

 Salaries, allowances, penalty or overtime payments due to an Employee must be 
paid by the Library by fortnightly electronic direct credit to a bank account, credit 
union or building society account nominated by the Employee. In exceptional 
circumstances, including significant delays in payment of salary, the Library will 
make provision for off-line payments. 

 Where a normal payday falls on a Public Holiday the direct credit to the Employee’s 
nominated account must be made no later than the last working day prior to the 
Public Holiday. 

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

 By agreement with the Library, the Employee may authorise deductions from salary 
for forwarding to superannuation funds. 

 In the event of an overpayment of salary, allowance, loading or other payment, the 
Library must advise the Employee. Similarly, the Employee must advise the Library 
if they know there has been an overpayment. Where agreement cannot be reached 
on a repayment arrangement, the Library may recover the overpayment by 

34.6 

34.7 

35.1 

35.2 

35.3 

35.4 

35.5 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  48 

Unofficial 

instalments to be paid in accordance with the Financial Management Act 1994 (Vic) 
as amended from time to time or any successor to that Act. 

36 Salary Packaging 

 An Employee may enter into a salary packaging arrangement with the Library using 
pre-tax salary in respect of superannuation, a novated lease and/or other approved 
benefits under State or Federal legislation. In the case of salary sacrifice to State 
Government defined benefit superannuation schemes, arrangements must comply 
with State legislation. 

 All costs associated with salary packaging, including the Library’s reasonable 
administrative costs, are to be met from the salary of the participating Employee. 

37 Allowances – Work or Conditions 

 Temporary assignments and higher duty allowance 

(a) An Employee may be assigned to undertake the duties of another position 
within the organisation on a temporary basis.  This will be done by mutual 
agreement wherever possible. 

(b) For a temporary assignment at a higher classification level, including a 
position which has been established at the second value range, that 
continues for more than five working days, the Employee will be 
remunerated at the greater of either the base salary of the higher 
classification level, or a salary that is no less than five per cent higher than 
their substantive salary. 

(c) Where the Employee is not undertaking the full duties of the assigned 
position, remuneration may be made at an appropriate proportion of either 
twenty-five, fifty or seventy-five percent of the higher salary. 

 Usage of taxis and subsidised parking 

(a) Where an Employee is required to work authorised overtime of more than 
one hour beyond their usual finishing time, they are eligible for a paid taxi 
home or subsidised car parking. 

(b) For those Employees that are required to work on roster to 9pm (nightshift), 
a paid taxi home or subsidised car parking will be provided. 

(c) Wherever possible Employees will be encouraged to: 

(i) share taxis to assist in savings to the Library; or 

(ii) utilise subsidised car parking. 

(d) The usage of taxis or subsidised car parking must be approved in advance 
by the branch head in other than emergency situations and in line with 
current policy and practice. 

36.1 

36.2 

37.1 

37.2 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  49 

Unofficial 

38 Reimbursement of Expenses 

 Travelling expenses 

(a) Where the Library requires an Employee in the course of official duties to 
be absent overnight or part of the day, the Employee will be eligible to 
receive travelling, accommodation and personal expenses in accordance 
with the Library’s policy on such matters.  Reimbursement will be based on 
reasonable and actual expenses incurred and on the production of 
receipts. 

(b) The maximum rates of reimbursement will be based on those rates 
applying to non-executive employees in the Victorian Public Service, 
determined having regard to the amounts set by the Australian Taxation 
Office as adjusted from time to time. 

 Use of private vehicle 

Where an Employee is required to use their private motor vehicle for official 
business, the Employee will be reimbursed for such use at the rate of the higher of 
80 cents per kilometre or the motor vehicle allowance prescribed under the Victorian 
State Government Agencies Award 2015.  

 Process for claiming expenses 

(a) As soon as practicable after the event, the Employee will provide the 
Library with an account of all expenses incurred together with receipts (and 
where necessary a statement) together with any balance owed to the 
Library. 

(b) Where moneys are owed to the Employee, the Library will pay the 
Employee as soon as practicable in a manner to be agreed. 

39 Superannuation 

 Superannuation legislation 

(a) Superannuation legislation, including the Superannuation Guarantee 
(Administration) Act 1992 (Cth), the Superannuation Guarantee Charge 
Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) 
and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals 
with the superannuation rights and obligations of employers and 
employees. Under superannuation legislation individual employees 
generally have the opportunity to choose their own superannuation fund. If 
an employee does not choose a superannuation fund, any superannuation 
fund nominated in the agreement covering the employee applies. 

(b) The rights and obligations in these clauses supplement those in 
superannuation legislation. 

 Employer contributions 

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

38.1 

38.2 

38.3 

39.1 

39.2 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  50 

Unofficial 

 Voluntary Employee contributions 

(a) Subject to the governing rules of the relevant superannuation fund, an 
Employee may, in writing, authorise the Library to pay on behalf of the 
Employee a specified amount from the post-taxation wages of the 
Employee into the same superannuation fund as the Library makes the 
superannuation contributions provided for in clause 39.2. 

(b) An Employee may adjust the amount the Employee has authorised the 
Library to pay from the wages of the Employee from the first of the month 
following the giving of three months’ written notice to the Library. 

(c) The Library must pay the amount authorised under clauses 39.3(a) or 
39.3(b) no later than 28 days after the end of the month in which the 
deduction authorised under clauses 39.3(a) or 39.3(b) was made. 

 Superannuation fund 

Unless, to comply with superannuation legislation, the Library is required to make 
the superannuation contributions provided for in clause 39.2 to another 
superannuation fund that is chosen by the Employee, the Library must make the 
superannuation contributions provided for in clause 39.2 and pay the amount 
authorised under clauses 39.3(a) or 39.3(b) to one of the following superannuation 
funds: 

(a) the Library’s default superannuation fund; or 

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

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

 Employer contributions in respect of Primary Caregiver Parental Leave 

(a) An Employee is entitled to have superannuation contributions made in 
respect of the period of the Employee’s Primary Caregiver Parental Leave 
which occurs on or after the date on which this Agreement commences 
operation. 

(b) The Library will pay the superannuation contributions as a lump sum to the 
Employee’s fund as provided for in clause 39.4. 

(c) The lump sum payment will be made on or before the first superannuation 
guarantee quarterly payment due date following the Employee’s return to 
work at the conclusion of their Primary Caregiver Parental Leave. 

(d) The quantum of superannuation contributions payable under this clause 
will be calculated based on: 

(i) The number of weeks of Primary Caregiver parental leave taken 
by the Employee, capped at 52 weeks; and 

(ii) The Employee’s weekly pay calculated in accordance with 
clause 57.25 of the Agreement; and 

39.3 

39.4 

39.5 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  51 

Unofficial 

(iii) The applicable contribution rate under the Superannuation 
Guarantee Administration Act 1992 (Cth) at the time the payment 
is made. 

Part 6 – Hours of Work and Related Matters 

40 Ordinary Hours of Work 

 The Library recognises the need for hours of work to be flexible to take into account 
operational requirements and personal and family circumstances.  The standard 
hours of work shall be 38 hours over any seven consecutive days or 76 hours over 
any fourteen consecutive days. The standard working day will be 7.6 hours.  Unless 
otherwise agreed, Employees will not be required to work more than five days out of 
any seven. 

 Unless by agreement between the Library and Employee, the Library will not require 
the Employee (other than Employees who work shifts or rosters) to perform ordinary 
hours of work outside the time of 7.00 am to 7.00 pm on any week day, or to perform 
ordinary hours of work on Saturdays, Sundays or Public Holidays. 

 The exact hours will be agreed between the relevant manager/supervisor and the 
Employee. This will include the days to be worked, starting and finishing times, 
appropriate breaks and average day length. Where local arrangements are made, 
these will be documented. 

 A variation of the agreed hours may be initiated by either the Employee or 
management but must be agreed by both parties and must involve consideration of 
operational requirements and taking into consideration the needs of Employees.  
Such variation should involve a notice period that is mutually acceptable, having 
regard to the Employee’s personal/family requirements. 

41 Rostered Hours and Shift Allowances 

 Rostered hours 

(a) Employees required to participate in 7-day rosters will be required to work 
an average of 76 ordinary hours over any 14 day period or 152 ordinary 
hours over any 28 day period. A standard day is 7.6 hours.  

(b) A minimum notice period of 2 weeks will be required for any 
substantial/major changes to roster patterns that may arise from 
operational needs, unless the affected Employees and the relevant 
supervisor mutually agree on a lesser period.   

 Roster principles & Job Design  

(a) For those Librarians and Library Technicians who are rostered, rosters will 
be designed to provide reasonable balance of research, resource/content 
creation, collection maintenance and development and direct customer 
service functions. 

(b) Each roster will ensure that a variety of work is provided to maximise career 
development, quality service and balance workplace demands. 

(c) Rosters will be designed to meet all OH&S requirements. 

40.1 

40.2 

40.3 

40.4 

41.1 

41.2 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  52 

Unofficial 

(d) Individual Employees may seek to vary existing roster and duty 
arrangements through negotiation and agreement with their manager. 

(e) Rosters will provide fair, reasonable and equitable participation, work load 
balance and work life balance while taking into account individual and 
organisational needs. 

(f) The operation of this clause will be continuously monitored by the joint 
SLV/CPSU Consultative Committee (clause 11) 

(g) Disputes relating to the operation of this clause will be handled in 
accordance with clause 14 Resolution of Disputes. 

 Shift allowances 

Employees are entitled to the following allowances: 

(a) Employees who are rostered to perform shifts that commence prior to 7am 
or finish after 6pm on any given day from Monday to Friday will be paid an 
allowance at the rate of 15% of the ordinary hourly rate for each hour of 
duty on that day up to 7.6 hours. 

(b) Employees who are rostered to work shifts on a Saturday will be paid an 
allowance at the rate of 50% of the ordinary hourly rate for each hour of 
duty – equates to time and a half. 

(c) Employees who are rostered to work shifts on a Sunday will be paid an 
allowance at the rate of 100% of the ordinary hourly rate for each hour of 
duty – equates to double time. 

(d) Subject to subclause 41.3(e), Employees who are rostered to work shifts 
on a Public Holiday will be paid an allowance of 150% of the ordinary hourly 
rate.   

(e) An Employee may elect to be paid an allowance of 50% of the ordinary 
hourly rate (instead of the 150% allowance in subclause 41.3(d)) for a 
Public Holiday shift and accrue one day off in lieu of the higher allowance, 
with such day off to be taken on a date agreed with the Library. 

42 Flexi-time 

 By agreement and subject to operational and roster requirements, Employees will 
have the opportunity to arrange their work hours flexibly.  The following principles 
will apply: 

(a) The standard flex-time bandwidth is 7.00am to 7.00pm with a minimum of 
30 minutes for an unpaid meal break. 

(b) Flexible hours will be granted subject to local management approval and 
operational and roster requirements. 

(c) For the purpose of night shift the hours of 6pm to 9pm cannot be flexed. 

(d) Both full-time and part-time staff up to and including VPS Grade 5 may 
have access to flexible working hours. 

(e) At any given time Employees can carry a credit of up to a maximum of 5 
flex-days that can be banked and used per calendar year. 

41.3 

42.1 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  53 

Unofficial 

 Subject to service and operational requirements, Employees, wherever possible, will 
not be prevented from taking accrued flexi-time due to inadequate staffing levels. 

43 Rest and Meal Breaks 

 Staff will work for a maximum of five hours after which a minimum 30-minute rest 
break will be provided. Such rest breaks are unpaid. This does not preclude staff 
members taking a break prior to five hours being worked.  

 A minimum 10-hour break must be taken between shifts.  

44 Overtime 

 Overtime means the hours worked at the direction of the Library, which are: 

(a) in addition to an Employee’s ordinary daily hours of work on any day 
established in accordance with clause 40; or 

(b) for Rostered Workers, in addition to a Rostered Worker’s rostered ordinary 
hours of work, as defined by clause 41.1 or worked without the provision 
of a ten-hour rest break in accordance with clause 43.2. 

 Reasonable hours of work 

(a) Subject to clauses 44.2(b) and 44.2(c), the Library may require an 
Employee to work reasonable overtime at overtime rates where: 

(i) such work is unavoidable because of work demands; and 

(ii) reasonable notice of the requirement to work overtime is given 
by the Library. 

(b) An Employee may refuse to work overtime in circumstances where the 
working of such overtime would result in the Employee working hours 
which are unreasonable having regard to: 

(i) any risk to the Employee’s health and safety; or 

(ii) the Employee’s personal circumstances including family 
responsibilities; or 

(iii) the needs of the workplace; or 

(iv) the notice (if any) given by the Library of the overtime and by the 
Employee of their intention to refuse it; and 

(v) any other relevant matter. 

(c) Other than in an emergency, if reasonable notice of the requirement to 
perform overtime work has not been given by the Library, an Employee 
may refuse overtime work where this would impose personal or family 
hardship or interfere with the Employee’s personal commitments. 

 Requirement to pay overtime 

(a) An Employee who works overtime must be paid at the appropriate overtime 
rate specified in clause 44.5. Exceptions are provided at clause 44.4. 

42.2 

43.1 

43.2 

44.1 

44.2 

44.3 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  54 

Unofficial 

(b) An Employee may request that time be granted in lieu of payment. If the 
Library agrees, time in lieu of payment will accrue at the rate specified in 
clause 44.6. 

 Exceptions 

Clause 44.3 does not apply to Employees: 

(a) classified as Grade 5 or higher; or 

(b) classified at the nearest equivalent salary level to Grade 5 in any adaptive 
classification structures; or 

(c) who are part-time Employees working less than 38 hours a week, who are 
not Rostered Workers and are subject to overtime conditions contained in 
clause 44.9; or 

(d) where overtime compensation is incorporated into total remuneration 
under this Agreement. 

 Overtime – Rates of payment 

(a) Where an Employee is paid for overtime work pursuant to clause 44.3 the 
following overtime rates will be paid: 

For overtime work on Overtime rate 

(% of ordinary hourly 
rate) 

Monday to Saturday – first three hours 150% 

Monday to Saturday – after 3 hours 200% 

Sunday – in all cases except Public Holidays 200% 

Public Holiday or substituted day 250% 

(b) The ordinary hourly rate of payment for overtime will be calculated on the 
lower of either the Employee’s Salary or the lowest pay point within Grade 
4. 

 Overtime – Rate of accrual for time in lieu of payment 

Where an Employee is granted time in lieu of payment for overtime work, the time 
will accrue on the following basis: 

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

(b) in the case of overtime worked on weekends or Public Holidays – two hours 
of time in lieu per hour worked. 

 How does time in lieu apply 

(a) Time in lieu is to be taken at a time mutually agreed. The Library will 
endeavour to permit the Employee to take time in lieu at a time of the 
Employee's choosing. 

44.4 

44.5 

44.6 

44.7 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  55 

Unofficial 

(b) Time in lieu may accumulate to a maximum of 38 hours. Any Employee 
who has accumulated 38 hours of time in lieu must be paid overtime for 
any additional overtime hours worked. 

(c) By agreement, the Employee may convert 38 hours of accrued time in lieu 
to one additional week of converted leave, to be taken at a time mutually 
agreed. In this case, time in lieu may continue to accrue. Any converted 
leave under this clause must be used within 12 months of the conversion 
date or will be paid out. By agreement, all or any part of the accumulated 
converted leave may be paid out at any time within 12 months of the 
conversion date. 

(d) Upon termination for any reason, the Employee will be paid out any time 
in lieu accrued to their credit as if it were time worked. 

 Overtime – minimum period 

Employees must be paid (unless time in lieu is agreed) for a minimum of three hours 
when they are either recalled to duty or on stand-alone overtime. 

 Overtime – staff working less than 38 hours a week 

(a) A part-time Employee, other than a Rostered Worker, must be 
compensated for overtime in accordance with clause 44.3 for work 
performed: 

(i) after 38 hours has been worked in any week; or 

(ii) outside the span of hours in clause 38.1(b). 

(b) Additional hours performed by a part-time Employee which are performed 
both before 38 hours has been worked in any week, and within the span of 
hours in clause 38.1(b), will be compensated at the Employee’s ordinary 
rate. Additional hours compensated at the part-time Employee’s ordinary 
rate will count as service for leave accrual. 

 Overtime Meal Payment 

(a) An Employee will be eligible to receive an overtime meal payment if the 
Employee is required to work a period of overtime which: 

(i) is immediately before or after a scheduled period of ordinary duty 
and is more than two hours in duration; or 

(ii) is a stand-alone period of overtime that is four hours or more in 
duration. 

(b) The overtime meal payment payable to an Employee is set out below: 

Date of Effect Overtime Meal Payment 

20 March 2020 $21.70 

1 December 2020 $22.00 

1 September 2021 $22.30 

1 June 2022 $22.60 

44.8 

44.9 

44.10 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  56 

Unofficial 

Date of Effect Overtime Meal Payment 

1 March 2023 $22.95 

1 December 2023 $23.15 

(c) The overtime meal payment is not payable where the Library provides a 
meal. 

45 Christmas Closedown  

 The purpose of this clause is to enable the Library to closedown part or all of its 
operations for the three working days from the first working day after Christmas Day 
to the end of the last working day before New Year’s Day (1 January) (closedown 
period). 

 Where the Library intends to closedown part or all of its operations for the closedown 
period, the Library: 

(a) will notify relevant Employees in writing of this intention no later than 1 
October of the year in which the closedown is to take place; and 

(b) will request relevant Employees to utilise any accrued time in lieu, annual 
leave, substitute leave or additional hours accrued under a flexible working 
arrangement; and 

(c) may require a minimum level of staffing to meet the operational 
requirements of the workplace. 

 If there are insufficient expressions of interest from relevant Employees to give effect 
to the closedown period, the following process will be applied, in order: 

(a) the Library may direct an Employee who has excessive annual leave (as 
defined in clause 47.7(b)) to take annual leave during the closedown 
period; 

(b) the Library may then direct an Employee with accrued time in lieu or 
substitute leave to take that leave during the closedown period. 

 The Library will provide at least 4 weeks’ notice of any direction to take leave, under 
clause 45.3. 

 Where an Employee has insufficient leave or time in lieu, the Library may agree to 
temporarily alter the ordinary working arrangements of the Employee to allow the 
Employee to bank sufficient time to cover their absence.  

46 Childcare 

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

45.1 

45.2 

45.3 

45.4 

45.5 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  57 

Unofficial 

Part 7 – Leave of Absence and Public Holidays 

47 Annual Leave 

 A full time Employee is entitled to four weeks (152 hours) paid annual leave for each 
calendar year of service, or on a pro rata basis for any period of employment which 
is less than one calendar year. (Part-time Employees are entitled to annual leave on 
a pro rata basis). 

 The leave entitlement accrues on a daily basis. Where possible the Library will 
accommodate for Employees to take leave in advance for the current calendar year, 
subject to service and operational requirements. 

 Annual leave entitlements must be taken by the end of the calendar year following 
the calendar year in which they accrued. By agreement between the Library and the 
Employee, leave may be deferred beyond that date. 

 An Employee cannot (without prior approval) accrue annual leave in excess of 8 
weeks (304 hours).  

 Where Employees are required to work on Sundays as part of normal rostering 
arrangements, they will accrue an additional half day annual leave for each Sunday 
worked, up to a maximum of 5 days (38 hours) additional leave per year. 

 An Employee may request that the whole or any part of their annual leave be taken 
at half pay for a period equal to twice the period to which the Employee would 
otherwise be entitled. 

 Excessive annual leave accruals 

(a) Where an Employee’s accrued annual leave entitlement has not been 
taken by the end of the calendar year following the calendar year in which 
it accrued, the Library and the Employee must genuinely try to agree upon 
the steps that will be taken to reduce or eliminate that leave accrual. This 
agreement must be attempted before the Library can direct that leave to 
be taken under clause 47.7(c). 

(b) An Employee has an “excessive annual leave accrual” if the Employee has 
accrued more than 8 weeks’ paid annual leave. 

(c) Where the Employee has an excessive annual leave accrual (and 
agreement has not been reached under clause 47.7(a)), the Library may 
give a written direction to the Employee to take a period or periods of paid 
annual leave. Such a direction must not: 

(i) result in the Employee’s remaining accrued entitlement to paid 
annual leave at any time being less than 6 weeks; or 

(ii) require the Employee to take any period of leave of less than one 
week; or 

(iii) require the Employee to take any period of leave commencing 
less than 8 weeks after the day the direction is given to the 
Employee; or 

(iv) require the Employee to take any period of leave commencing 
more than 12 months after they day the direction is given to the 
Employee; or 

47.1 

47.2 

47.3 

47.4 

47.5 

47.6 

47.7 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  58 

Unofficial 

(v) be inconsistent with any leave arrangement agreed between the 
Library and the Employee. 

(d) An Employee to whom a direction has been given under this clause may 
make a request to take paid annual leave as if the direction had not been 
given. The Library must not unreasonably refuse to agree to a request by 
the Employee to take paid annual leave. If leave is agreed after a direction 
is issued and the direction would then result in the Employee’s remaining 
accrued entitlement to paid annual leave at any time being less than 6 
weeks, the direction will be deemed to have been withdrawn. 

(e) The Employee must take paid annual leave in accordance with a direction 
complying with clause 47.7(c). 

 Annual leave loading 

(a) Each Employee will in respect of annual leave be entitled to be paid in 
addition to their salary the greater of the following amounts: 

(i) An allowance at the rate of 17.5% of the  
Employee’s salary for the period of annual leave; or 

(ii) An allowance equal to any additional payments to which the 
Employee would be entitled for rostered, Saturday or Sunday 
duty which the Employee would be required to perform if he or 
she were not proceeding on annual leave. 

(b) The maximum payable annual leave loading will not exceed the amount 
calculated in respect of a salary of the top of VPS Grade 4. 

(c) Annual leave loading will be paid to all Employees in a lump sum in the first 
pay period in January each year, or upon resignation or termination of 
employment. 

48 Cashing Out of Annual Leave 

 The Parties to this Agreement recognise that the purpose of annual leave is to enable 
Employees to take paid time away from work and it is intended that leave be taken 
in accordance with clause 47. 

 The Library and an Employee may agree to the Employee cashing out a particular 
amount of annual leave provided that the following requirements are met: 

(a) The cashing out of a particular amount of accrued annual leave must be 
by agreement in writing between the Library and the Employee which must: 

(i) State the amount of accrued leave to be cashed out and the 
payment to be made to the Employee; and 

(ii) State the date on which the payment is to be made; 

(b) The Employee must be paid at least the full amount that would have been 
payable to the Employee had the Employee taken the leave at the time 
that it is cashed out; 

(c) Annual leave must not be cashed out if the cashing out would result in the 
Employee’s remaining accrued entitlement to annual leave being less than 
four weeks; and 

47.8 

48.1 

48.2 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  59 

Unofficial 

(d) An Employee may only cash out annual leave on one occasion during the 
term of this Agreement. 

49 Purchased Leave 

 An Employee may, with the agreement of the Library, work less than 52 weeks per 
year. Access to this entitlement may only be granted on application from an 
Employee and cannot be required as a precondition for employment. 

 An Employee can only make an application under this clause where the Employee 
does not have an excessive annual leave accrual (as defined in clause 47.7(b)). 

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

 Where the Library and an Employee agree on an employment arrangement under 
clause 49.1, the annual salary applicable to an Employee relative to the additional 
leave purchased will be as follows: 

Proportion of annual 
salary applicable under 

Schedule C 

Number of additional 
weeks of purchased leave 

Total amount of leave 
(purchased and annual 

leave) 

44/52 weeks Additional 8 weeks’ leave 12 weeks in total 

45/52 weeks Additional 7 weeks’ leave 11 weeks in total 

46/52 weeks Additional 6 weeks’ leave 10 weeks in total 

47/52 weeks Additional 5 weeks’ leave 9 weeks in total 

48/52 weeks Additional 4 weeks’ leave 8 weeks in total 

49/52 weeks Additional 3 weeks’ leave 7 weeks in total 

50/52 weeks Additional 2 weeks’ leave 6 weeks in total 

(a) The above does not preclude an Employee and the Library from agreeing 
to a similar type of arrangement that would provide an Employee with 
additional converted leave of more than eight weeks. 

(b) The Employee will receive a salary equal to the period worked (e.g. 46 
weeks, 49 weeks) which will be spread over a 52 week period. 

(c) The accrual of personal/carer’s leave and long service leave by the 
Employee shall remain unchanged. 

 The Library will endeavour to accommodate Employee requests for arrangements 
under this clause subject to operational requirements. Where such requests are 
granted, the Library will make proper arrangements to ensure that the workloads of 
other Employees are not unduly affected and that excessive overtime is not required 
to be performed by other Employees as a result of these arrangements. 

49.1 

49.2 

49.3 

49.4 

49.5 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  60 

Unofficial 

 An Employee may revert to ordinary 52 week employment by giving the Library no 
less than four weeks’ written notice. Where an Employee so reverts to 52 week 
employment, appropriate pro rata salary adjustments will be made. 

50 Infectious Diseases 

 Upon report by a registered medical practitioner that by reason of contact with a 
person suffering from an infectious disease and through the operation of restrictions 
imposed by law in respect of such disease, an Employee is unable to attend work, 
the Library may grant the Employee special leave of absence with pay.   

 The period of leave must not be for any period beyond the earliest date at which it 
would be practicable for the Employee to return to work having regard to the 
restrictions imposed by law. 

51 Dangerous Medical Conditions 

 Where the Library reasonably believes that an Employee is in such state of health 
as to render the Employee a danger to other employees, themselves or other 
persons, the Library may require the Employee to absent himself or herself from the 
workplace until the Employee obtains and provides to the Library a report from a 
registered medical practitioner.   

 Upon receipt of the medical report, the Library may direct the Employee to be absent 
from duty for a specified period or, if already on leave, direct such Employee to 
continue on leave for a specified period.   

 Any such absence of an Employee must be regarded as sick leave. 

52 Public Holidays 

 All Employees (except casual Employees) will be entitled to be absent from work on 
the following Public Holidays without deduction of pay where the Public Holiday 
occurs on a day the Employee would normally work: 

(a) New Year’s Day, Good Friday, Easter Saturday, Easter Sunday, Easter 
Monday, Christmas Day (25 December), Boxing Day, Australia Day, Anzac 
Day, Queen’s Birthday, Labour Day, the Friday before the Australian 
Football League Grand Final and Melbourne Cup Day. 

 Prescribed substitute and additional public holidays 

(a) Christmas Day (25 December) 

(i) When Christmas Day (25 December) is a Saturday, an additional 
holiday will be observed on the next Monday. 

(ii) When Christmas Day (25 December) is a Sunday, an additional 
holiday will be observed on the next Tuesday. 

(b) Boxing Day 

(i) When Boxing Day is a Saturday an additional holiday will be 
observed the next Monday. 

(ii) When Boxing Day is a Sunday, an additional holiday will be 
observed on the next Tuesday. 

49.6 

50.1 

50.2 

51.1 

51.2 

51.3 

52.1 

52.2 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  61 

Unofficial 

(c) New Year’s Day 

When New Year’s Day is a Saturday or a Sunday, an additional holiday 
will be observed on the next Monday. 

(d) Australia Day 

When Australia Day is a Saturday or a Sunday, a holiday in lieu will be 
observed on the next Monday. 

 Melbourne Cup Day Substitution 

(a) If, a Public Holiday, is declared to apply to a non-metropolitan Council 
under section 8A of the Public Holidays Act 1993 (Vic), that day or half day 
will be the Public Holiday instead of Melbourne Cup Day. 

(b) An Employee and the Library may agree to substitute the declared Public 
Holiday in clause 52.3(a) for Melbourne Cup Day, in which case penalty 
rates for work on the declared Public Holiday will not apply and the 
Employee will be able to absent themselves from the workplace on 
Melbourne Cup Day without loss of pay. 

(c) In the event there are insufficient substitution arrangements agreed under 
clause 52.3(b) to meet the Library’s reasonable operational requirements, 
the Library may require an Employee to work on the declared Public 
Holiday. Employees required to work on the declared Public Holiday will 
be paid overtime or time in lieu in accordance with clause 44 (Overtime), 
unless a substitution arrangement has been agreed under clause 52.5. 

(d) In establishing the roster of Employees required to work on the declared 
Public Holiday in lieu of Melbourne Cup, the Library will consider both its 
reasonable operational requirements and the personal circumstances of 
the Employees. 

 Additional or Substituted Public Holidays 

Where in the whole or part of the State of Victoria, additional or substituted Public 
Holidays are declared or prescribed on days other than those set out in clauses 52.1 
and 52.3, those days shall constitute additional or substituted holidays for the 
purpose of this Agreement for Employees who have their place of principal 
employment in a municipality to which the additional or substituted Public Holiday 
applies. 

 Substitution of Public Holiday 

An Employee may by agreement with the Library substitute another day for any 
prescribed in this clause to observe religious or cultural occasions or like reasons of 
significance to the Employee. 

53 Personal/ Carer's Leave 

 Entitlement 

(a) Full time Employees are entitled to eighteen days (136.8 hours) of paid 
personal/carer’s leave for each year of employment.  Part time Employees 
are entitled to paid personal/carer’s leave on a proportional basis based on 
their ordinary hours of duty. 

52.3 

52.4 

52.5 

53.1 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  62 

Unofficial 

(b) This entitlement includes up to three days’ paid Compassionate Leave per 
year of service (refer to clause 56 below). 

(c) Eighteen days of paid personal/carer’s leave (pro rata for part-time 
employees) will be credited on commencement of employment and 
thereafter each year on the anniversary date of the commencement of the 
Employee’s employment. For Employees engaged on a fixed term or fixed 
task basis, personal/carer’s leave accrues progressively during a year of 
service. 

(d) Unused personal/carer’s leave will accumulate from year to year but is not 
paid out on termination of employment. 

 When paid personal/carer’s leave can be taken 

Paid personal/carer’s leave shall be available to an Employee when the leave is 
taken: 

(a) Because the Employee is not fit for work due to personal injury or illness 
affecting the Employee; or 

(b) For the purpose of attending medical appointments (doctor of medicine, 
dentist, physiotherapist, chiropractor, osteopath, psychologist, chiropodist, 
optometrist or other alternative practitioners) as agreed between the 
Library and the Employee; or 

(c) For the purpose of providing care and support to a member of their 
Immediate Family or household who requires care and support of the 
Employee due to:  

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

(ii) An unexpected emergency affecting the member; or 

(d) On the occasion of the death or serious illness of a member of their 
Immediate Family; or 

(e) As a result of exceptional or special circumstances, including moving 
house. 

 Notice and documentary evidence requirements 

(a) The Employee must give the Library notice of taking personal/carer’s leave 
as soon as practicable (which may be a time after the leave has started) 
and must advise of the period, or expected period, of the leave. 

(b) Personal leave: In the case of personal leave, the Employee must provide 
the Library with a medical certificate from a Registered Practitioner. 

(c) Carer’s leave: In the case of carer’s leave, the Employee must provide the 
Library with appropriate documentary evidence. The form of evidence 
required by the Library will depend on the circumstances of the carer’s 
leave request, and may include a medical certificate from a Registered 
Practitioner or statutory declaration stating that the condition of the person 
concerned requires the Employee’s care or support or other relevant 
documentary evidence. 

(d) Registered Practitioner means one of the following: Aboriginal and Torres 
Strait Islander health practitioner, Chinese medicine practitioner, 

53.2 

53.3 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  63 

Unofficial 

Chiropractor, Dental care practitioner, Medical practitioner, Nurse 
practitioner, Midwife, Optometrist, Osteopath, Pharmacist, 
Physiotherapist, Podiatrist or Psychologist or any other profession 
registered under the Health Practitioner Regulation National Law (Victoria) 
Act 2009. 

 Exception 

(a) An Employee entitled to take personal leave for the purposes set out in 
clause 53.2 may, other than for absences for a continuous period 
exceeding 22.8 hours, for which evidence (as set out in clause 53.3) must 
be provided, take up to an aggregate of 38 hours or equivalent pro rata 
amount accrued personal leave in each year of employment without having 
to provide the Library with the documentary evidence required by clause 
53.3. 

(b) Where an Employee cannot reasonably provide documentary evidence 
from a Registered Practitioner, the Employee may provide a statutory 
declaration. The statutory declaration must include information as to why 
the Employee was unable to attend a Registered Practitioner and the 
reason why they were unable to attend work. A statutory declaration can 
only be used for single day absences, on no more than three occasions. 

(c) Despite clause 53.4(a), the Employee may be required to provide 
appropriate documentary evidence as required by the Library in 
accordance with clause 53.3. 

 Absence of 3 or more days on carer’s leave 

(a) There is no cap on the amount of carer’s leave that an Employee may 
access within the Employee’s credit.   

(b) An absence of 3 or more consecutive days on carer’s leave will require: 

(i) notification of the cause and expected duration of absence; and 

(ii) the presentation of a medical certificate. 

 Unpaid carer’s leave 

If an Employee’s personal leave has been exhausted, the Employee is entitled to 
take two days’ unpaid carer’s leave on each occasion when a member of the 
Employee’s Immediate Family or household requires care and support because of 
personal illness or injury, or unexpected emergency. 

 Personal/carer’s leave at half pay 

(a) In exceptional circumstances, an Employee may be granted approval to 
convert any or all of their accrued paid personal/carer’s leave entitlement 
to half pay for a period equal to twice the period to which the Employee 
would otherwise be entitled. 

(b) Approval of half pay personal/carer’s leave will only be granted in relation 
to an absence of 4 weeks or more. 

(c) To be eligible for personal/carer’s leave at half pay under this clause, the 
Employee must comply with all notice and documentary evidence 
requirements in clauses 53.3 to 53.5. 

53.4 

53.5 

53.6 

53.7 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  64 

Unofficial 

 Personal/carer’s leave and other forms of leave 

(a) If medically unfit for one day or more while on Annual or Long Service 
Leave, an employee can substitute the Annual or Long Services Leave for 
Personal leave subject to the provision of a medical certificate. 

(b) The Library may in exceptional circumstances grant an Employee 
additional personal/carer’s leave on half-pay where the Employee’s paid 
personal/carer’s leave entitlement has been exhausted. 

(c) Employees are encouraged to use flex time for absences of less than 1 
day and unless an Employee indicates otherwise by applying for 
personal/carer’s leave, such absences will automatically be recorded as 
flex time and deducted from the Employee’s current flex time balance. 

 Personal leave extending for at least 6 weeks 

(a) Where an Employee has been on sick leave for a period of 6 weeks, and 
has provided the Library a medical certificate indicating the employee’s 
absence on sick leave will continue beyond that 6-week period, the Library 
may require the Employee to provide an additional medical certificate from 
a registered practitioner of mutual choice. 

(b) Where the Library has a genuine concern about an Employee’s capacity 
to undertake their duties, the Library may require that the Employee 
undertake a fitness for work assessment by a registered practitioner of 
mutual choice. 

 Casual employees 

A casual Employee may be unavailable to attend work if the casual Employee needs 
to care and support a member of their Immediate Family or household who is sick or 
injured and requires care and support or who requires care due to an unexpected 
emergency. The Library and the casual Employee will agree on the period for which 
the casual Employee may be unavailable to attend work and in the absence of 
agreement a casual Employee is permitted to be absent on unpaid leave from work 
for two days per occasion provided that a medical certificate is supplied. 

54 Family Violence Leave 

 General Principles 

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

(b) Leave for family violence purposes is available to Employees who are 
experiencing family violence, and also to allow them to be absent from the 
workplace to attend counselling appointments, legal proceedings and other 
activities related to, and as a consequence of, family violence. 

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

 Definition of Family Violence 

53.8 

53.9 

53.10 

54.1 

54.2 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  65 

Unofficial 

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

 Eligibility 

(a) Leave for family violence purposes is available to all Employees with the 
exception of casual Employees. 

(b) Casual Employees are entitled to access leave without pay for family 
violence purposes. The Library may use their discretion to grant paid leave 
to a casual Employee experiencing family violence under clause 72 (Other 
Leave) of the Agreement on a case by case basis. 

 General Measures 

(a) Evidence of family violence may be required and can be in the form of an 
agreed document issued by the Police Service, a Court, a registered health 
practitioner, a Family Violence Support Service, district nurse, maternal 
and health care nurse or Lawyer. A signed statutory declaration can also 
be offered as evidence. 

(b) All personal information concerning family violence will be kept confidential 
in line with the Library’s policies and relevant legislation. No information 
will be kept on an Employee’s personnel file without their express written 
permission. 

(c) No adverse action will be taken against an Employee if their attendance or 
performance at work suffers as a result of experiencing family violence. 

(d) The Library will identify contact/s within the workplace who will be trained 
in family violence and associated privacy issues. The Library will advertise 
the name of any Family Violence contacts within the workplace. 

(e) An Employee experiencing family violence may raise the issue with their 
immediate supervisor, Family Violence contacts, union delegate or 
nominated Human Resources contact. The immediate supervisor may 
seek advice from Human Resources if the Employee chooses not to see 
the Human Resources or Family Violence contact. 

(f) Where requested by an Employee, the Human Resources contact will 
liaise with the Employee’s manager on the Employee’s behalf, and will 
make a recommendation on the most appropriate form of support to 
provide in accordance with clause 54.5 and clause 54.6. 

(g) The Library will develop guidelines to supplement this clause and which 
details the appropriate action to be taken in the event that an Employee 
reports family violence. 

 Leave 

(a) An Employee experiencing family violence will have access to up to 20 
days per calendar year of paid special leave following an event of family 
violence and for related purposes such as medical appointments, legal 
proceedings and other activities related to family violence (this leave is not 
cumulative but if the leave is exhausted consideration will be given to 
providing additional leave). This leave will be in addition to existing leave 
entitlements and may be taken as consecutive or single days or as a 
fraction of a day and can be taken without prior approval. 

54.3 

54.4 

54.5 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  66 

Unofficial 

(b) An Employee who supports a person experiencing family violence may 
utilise their personal/carer’s leave entitlement to accompany them to court, 
to hospital, or to care for children. The Library may require evidence 
consistent with clause 54.4(a) from an Employee seeking to utilise their 
personal/carer’s leave entitlement. 

 Individual Support 

(a) In order to provide support to an Employee experiencing family violence 
and to provide a safe work environment to all Employees, the Library will 
approve any reasonable request from an Employee experiencing family 
violence for: 

(i) temporary or ongoing changes to their span of hours or pattern 
or hours and/or shift patterns; or 

(ii) temporary or ongoing job redesign or changes to duties; or 

(iii) temporary or ongoing relocation to suitable employment; or 

(iv) a change to their telephone number or email address to avoid 
harassing contact; or 

(v) any other appropriate measure including those available under 
existing provisions for family friendly and flexible work 
arrangements. 

(b) Any changes to an Employee’s role should be reviewed at agreed periods. 
When an Employee is no longer experiencing family violence, the terms 
and conditions of employment may revert back to the terms and conditions 
applicable to the Employee’s substantive position. 

(c) An Employee experiencing family violence will be offered access to the 
Employee Assistance Program (EAP) and/or other available local 
Employee support resources. The EAP shall include professionals trained 
specifically in family violence. 

(d) An Employee that discloses that they are experiencing family violence will 
be given information regarding current support services. 

55 Military Service Sick Leave 

 Where the Library is satisfied that an illness of an Employee with at least six months 
paid continuous service is directly attributable to, or is aggravated by, service 
recognised under the Veterans’ Entitlements Act 1986 (Cth), including operational 
service, peacekeeping service or hazardous service, the Employee will be credited 
with 114 hours special leave with pay for each year of service with the Library from 
the conclusion of the Employee’s operational, peacekeeping or hazardous service. 

 Leave under this clause will be cumulative to a maximum of 760 hours. 

 This leave is in addition to personal leave under clause 53. 

 The Library may require the Employee to provide evidence of the existence of the 
illness and its relationship to service from a Registered Practitioner as specified in 
clause 53.3(a). 

54.6 

55.1 

55.2 

55.3 

55.4 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  67 

Unofficial 

 For each period of special leave taken, the Employee must comply with the notice 
and evidence requirements outlined in clause 53. 

56 Compassionate Leave 

 Entitlement 

An Employee, other than a casual Employee, is entitled to three days’ paid 
compassionate leave on each occasion when:  

(a) a member of the Employee’s Immediate Family or a member of the 
Employee’s household: 

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

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

(iii) dies; or 

(b) a child is stillborn, where the child would have been a member of the 
employee's immediate family, or a member of the employee's household, 
if the child had been born alive. 

 Taking compassionate leave 

(a) The first three days of compassionate leave taken in any year of service 
shall be deducted from the 18 days personal/carer’s leave entitlement 
herein (pro rata for part time and fixed term employees). Subsequent 
occasions of paid compassionate leave taken by an Employee during a 
year of service shall not be deducted from the Employee’s personal/carer’s 
leave entitlement.  

(b) An Employee is not required to take the three days of compassionate leave 
in a continuous period. 

 Unpaid Compassionate Leave 

An Employee, including a casual Employee may take unpaid compassionate leave 
by agreement with the Library. A casual employee may take up to three days’ unpaid 
compassionate leave for each permissible occasion referred to in clause 56.1. 

 Notice and Evidence Requirements for Compassionate Leave 

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

(b) An Employee must provide the Library with satisfactory evidence to 
support the taking of compassionate leave.  Satisfactory evidence may 
include a medical certificate from a Registered Practitioner, a statutory 
declaration or other relevant documentary evidence to the reasonable 
satisfaction of the Library. 

55.5 

56.1 

56.2 

56.3 

56.4 






http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fwa2009114/s12.html#child
http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fwa2009114/s12.html#stillborn
http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fwa2009114/s12.html#child
http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fwa2009114/s12.html#immediate_family
http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fwa2009114/s12.html#child


 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  68 

Unofficial 

(c) The Employee is not entitled to compassionate leave under this clause 
unless the Employee complies with the evidence and notice requirements 
set out in this clause. 

 Other significant family or personal connections  

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

57 Parental Leave 

 Application 

(a) Eligible Employees are entitled to parental leave under this clause if the 
leave is associated with: 

(i) the birth of a Child of the Employee, the Employee’s Spouse or 
the Employee’s legal surrogate or the placement of a Child with 
the Employee for adoption; and 

(ii) the Employee has or will have a responsibility for the care of the 
Child. 

(b) An Employee currently on parental leave (excluding an Employee on 
Extended Family Leave under clause 57.33) is not required to return to 
work in order to access a further period of parental leave under this clause. 

 Definitions 

For the purposes of this clause: 

(a) Eligible Employee means: 

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

(ii) a Long Term Casual Employee who has, but for accessing 
parental leave under this clause, a reasonable expectation of 
continuing employment by the Library on a regular and 
systematic basis. 

(b) Continuous Service is work for the Library on a regular and systematic 
basis (including any period of authorised leave) and any period of 
Recognised Prior Service (as defined in clause 57.2(g)). 

(c) Child means: 

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

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

• who is, or will be, under 16 as at the day of placement, 
or the expected day of placement; 

56.5 

57.1 

57.2 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  69 

Unofficial 

• has not, or will not have, lived continuously with the 
Employee for a period of 6 months or more as at the 
day of placement, or the expected day of placement; 
and 

• is not (otherwise than because of the adoption) a child 
of the Employee or the Employee’s Spouse. 

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

(e) Secondary Caregiver means a person who has parental responsibility for 
the Child but is not the Primary Caregiver. 

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

(g) Recognised Prior Service means any service immediately prior to the 
Employee’s employment with the Library, where the Employee was 
employed: 

(i) by a public entity under the PAA; 

(ii) under Part 6 of the PAA; or 

(iii) as a parliamentary officer or electorate officer under the 
Parliamentary Administration Act 2005 (Vic). 

 Summary of Parental Leave Entitlements 

(a) The entitlements are summarised in the table below.  

 Paid Leave Unpaid Leave Total 

Primary Caregiver    

More than 3 months 
Continuous Service 

16 weeks Up to 36 
weeks 

52 weeks 

Less than 3 months 
Continuous Service 

0 Up to 52 
weeks 

52 weeks 

Long Term Casual 
Employee 

0 Up to 52 
weeks 

52 weeks 

Secondary Caregiver    

More than 3 months 
Continuous Service 

4 weeks Up to 48 
weeks 

52 weeks 

More than 3 months 
Continuous Service and 
takes over the primary 
responsibility for the care of 

An additional 
12 weeks 

Up to 36 
weeks 

52 weeks 

57.3 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  70 

Unofficial 

 Paid Leave Unpaid Leave Total 
the Child within first 78 
weeks 

Less than 3 months 
Continuous Service 

0 Up to 52 
weeks 

52 weeks 

Long Term Casual 
Employee 

0 Up to 52 
weeks 

52 weeks 

Pre-natal Leave    

Pregnant Employee 38 hours   

Spouse 7.6 hours   

Pre-adoption leave    

More than 3 months 
Continuous Service 

2 days   

Permanent Care Leave    

More than 3 months 
Continuous Service 

16 weeks Up to 36 
weeks 

52 weeks 

Less than 3 months 
Continuous Service 

0 Up to 52 
weeks 

52 weeks 

Grandparent Leave    

Grandparent Leave 0 Up to 52 
weeks 

52 weeks 

 Parental Leave – Primary Caregiver 

(a) An Eligible Employee, who has, or will have, completed at least three 
months paid Continuous Service and who will be the Primary Caregiver at 
the time of the birth or adoption of their Child, is entitled to up to 52 weeks 
parental leave, comprising: 

(i) 16 weeks paid parental leave; and 

(ii) up to 36 weeks unpaid parental leave. 

(b) An Eligible Employee who will be the Primary Caregiver, who has not 
completed at least three months paid Continuous Service at the time of the 
birth or adoption of their Child, or a Long Term Casual Employee, is entitled 
to up to 52 weeks unpaid parental leave. 

(c) Only one parent can receive Primary Caregiver parental leave entitlements 
in respect to the birth or adoption of their Child. An Employee cannot 
receive Primary Caregiver parental leave entitlements: 

(i) if their Spouse is, or will be, the Primary Caregiver at the time of 
the birth or adoption of their Child, or 

57.4 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  71 

Unofficial 

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

(iii) if the Employee has received, or will receive, Secondary 
Caregiver parental leave entitlements in relation to their Child. 

 Parental Leave – Secondary Caregiver 

(a) An Eligible Employee who has, or will have, completed at least three 
months paid Continuous Service and who will be the Secondary Caregiver 
at the time of the birth or adoption of their Child, is entitled to up to 52 
weeks parental leave, comprising: 

(i) 4 weeks paid parental leave; and 

(ii) 12 weeks additional paid Secondary Caregiver parental leave, 
subject to the conditions in clause 57.6, and 

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

(b) An Eligible Employee who will be the Secondary Caregiver, and has not 
completed at least three months paid Continuous Service at the time of the 
birth or adoption of their Child, or a Long Term Casual Employee is entitled 
to up to 52 weeks unpaid parental leave. 

(c) Only one parent can receive Secondary Caregiver parental leave 
entitlements in respect to the birth or adoption of their Child. 

(d) An Employee cannot receive Secondary Caregiver parental leave 
entitlements where the Employee has received Primary Caregiver parental 
leave entitlements in relation to their Child. 

 Additional paid leave for Secondary Caregiver 

(a) A Secondary Caregiver is entitled to up to an additional 12 weeks’ paid 
leave within the first 78 weeks of the date of birth or adoption of the Child 
provided that: 

(i) the Secondary Caregiver assumes primary responsibility for the 
care of a child, by meeting the Child's physical needs more than 
anyone else; and 

(ii) the Secondary Caregiver’s spouse is not concurrently taking 
primary responsibility for the care of the Child or receiving paid 
parental leave, primary caregiver entitlements or a similar 
entitlement from their employer. 

(b) To access additional paid leave, the Employee must have been eligible for 
paid Secondary Caregiver leave at the time of birth or adoption of their 
Child, irrespective of when the Employee elects to take the paid leave 
under this clause. 

 Pre-Natal Leave 

(a) A pregnant Employee will have access to paid leave totalling up to 38 hours 
per pregnancy to enable the Employee to attend routine medical 
appointments associated with the pregnancy. 

57.5 

57.6 

57.7 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  72 

Unofficial 

(b) An Employee who has a Spouse who is pregnant will have access to paid 
leave totalling up to 7.6 hours per pregnancy to enable the Employee to 
attend routine medical appointments associated with the pregnancy. 

(c) The Employee is required to provide a medical certificate from a registered 
medical practitioner confirming that the Employee or their Spouse is 
pregnant. Each absence on pre-natal leave must also be covered by a 
medical certificate. 

(d) The Library should be flexible enough to allow the Employee the ability to 
leave work and return on the same day. 

(e) Paid pre-natal leave is not available to casual Employees. 

 Pre-adoption leave 

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

(b) An Employee seeking to adopt a Child may also access further unpaid 
leave. The Employee and the Library should agree on the length of any 
unpaid leave. Where agreement cannot be reached, the Employee is 
entitled to take up to two days unpaid leave. 

(c) Where accrued paid leave is available to the Employee, the Library may 
require the Employee to take such leave instead of taking unpaid leave 
under this sub-clause. 

(d) The Library may require the Employee to provide satisfactory evidence 
supporting the leave. 

(e) The Library should be flexible enough to allow the Employee the ability to 
leave work and return on the same day. 

(f) Paid pre-adoption leave is not available to casual Employees. 

 Permanent Care Leave 

An Employee will be entitled to access parental leave in accordance with this clause 
at a time agreed with the Library if they: 

• are granted a permanent care order in relation to the custody or 
guardianship of a Child pursuant to the Children, Youth and Families Act 
2005 (Vic) (or any successor to the legislation) or a permanent parenting 
order by the Family Court of Australia, and 

• will be the Primary or Secondary Caregiver for that Child. 

 Grandparent Leave 

An Employee, who is or will be the Primary Caregiver of a grandchild, is entitled to a 
period of up to 52 weeks’ continuous unpaid grandparent leave in respect of the birth 
or adoption of the grandchild of the Employee. 

 Access to parental leave for an Employee whose Child is born by surrogate 

An Employee whose Child is born through a surrogacy arrangement which complies 
with Part 4 of the Assisted Reproductive Treatment Act 2008 (Vic) (or successor 

57.8 

57.9 

57.10 

57.11 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  73 

Unofficial 

instrument), is eligible to access the parental leave entitlements outlined in 
clause 58. 

 Continuing to work while pregnant 

(a) The Library may require a pregnant Employee to provide a medical 
certificate stating that the Employee is fit to work their normal duties where 
the Employee: 

(i) continues to work within a six week period immediately prior to 
the expected date of birth of the Child; or 

(ii) is on paid leave under clause 57.14(b) during the six week period 
before the expected date of birth of the child. 

(b) The Library may require the Employee to start parental leave if the 
Employee: 

(i) does not give the Library the requested certificate within seven 
days of the request; or 

(ii) gives the Library a medical certificate stating that the Employee 
is unfit to work. 

 Personal/Carer’s Leave 

A pregnant Employee, not then on parental leave, who is suffering from an illness 
whether related or not to the pregnancy, may take any paid and/or unpaid 
personal/carer’s leave in accordance with clause 53. 

 Transfer to a Safe Job 

(a) Where an Employee is pregnant and, in the opinion of a registered medical 
practitioner, illness or risks arising out of the pregnancy or hazards 
connected with the work assigned to the Employee make it inadvisable for 
the Employee to continue at their present work, the Employee will, if an 
appropriate safe job is available, be transferred to that safe job with no 
other change to the Employee’s terms and conditions of employment until 
the commencement of parental leave. 

(b) If no appropriate safe job is available, and the Employee has complied with 
the notice and evidence requirements in clause 57.16, the Employee may 
take No Safe Job Paid Leave at the Employee’s base salary for ordinary 
hours of work for a period which ends at the earliest of either: 

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

(ii) when the Employee’s pregnancy results in the birth of a living 
child or when the Employee’s pregnancy ends otherwise than 
with the birth of a living child. 

(c) The entitlement to No Safe Job Paid Leave is in addition to any other leave 
entitlement the Employee has. 

57.12 

57.13 

57.14 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  74 

Unofficial 

 Special Parental Leave 

Where the pregnancy of an Employee not then on parental leave terminates other 
than by the birth of a living Child, the Employee may take leave for such periods as 
a registered medical practitioner certifies as necessary, as follows: 

(a) where the pregnancy terminates during the first 20 weeks, during the 
certified period/s the Employee is entitled to access any paid and/or unpaid 
personal/carer’s leave entitlements in accordance with clause 53; 

(b) where the pregnancy terminates after the completion of 20 weeks, during 
the certified period/s the Employee is entitled to paid special maternity 
leave not exceeding the amount of paid parental leave available under 
clause 57.3 and thereafter, to unpaid special maternity leave. 

 Notice and evidence requirements 

(a) An Employee must give at least 10 weeks written notice of the intention to 
take parental leave (or, if that is not practicable, as soon as practicable), 
including the proposed start and end dates. At this time, the Employee 
must also provide a statutory declaration stating: 

(i) that the Employee will become either the Primary Caregiver or 
Secondary Caregiver of the Child, as appropriate; and 

(ii) the particulars of any parental leave taken or proposed to be 
taken or applied for by the Employee’s Spouse; and 

(iii) that for the period of parental leave the Employee will not engage 
in any conduct inconsistent with their contract of employment. 

(b) At least four weeks before the intended commencement of parental leave, 
the Employee must confirm in writing the intended start and end dates of 
the parental leave, or advise the Library of any changes to the notice 
provided in clause 57.16(a), unless it is not practicable to do so. 

(c) The Library may require the Employee to provide evidence which would 
satisfy a reasonable person of: 

(i) for birth-related leave, the date of birth of the Child (including 
without limitation, a medical certificate stating the date of birth or 
expected date of birth); or 

(ii) for adoption-related leave, the commencement of the placement 
(or expected day of placement) of the Child and that the Child will 
be under 16 years of age as at the day of placement or expected 
day of placement. 

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

 Commencement of parental leave 

(a) An Employee who is pregnant may commence Primary Caregiver parental 
leave at any time within 16 weeks prior to the expected date of birth of the 

57.15 

57.16 

57.17 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  75 

Unofficial 

Child. In all other cases, Primary Caregiver parental leave commences on 
the day of birth or placement of the Child. 

(b) Secondary Caregiver parental leave may commence up to one week prior 
to the expected birth or placement of the Child. Where a Secondary 
Caregiver takes additional paid leave in accordance with clause 57.6, the 
additional leave will commence on the date the Employee takes on primary 
responsibility for the care of a Child. 

(c) The Library and Employee may agree to alternative arrangements 
regarding the commencement of parental leave. 

(d) The period of parental leave for the purpose of calculating an Employee’s 
maximum entitlement to paid and unpaid parental leave will commence 
from the date parental leave commences or otherwise no later than the 
date of birth of the Child, irrespective of when the Employee elects to use 
any paid entitlements they may have under this clause. 

 Rules for taking parental leave entitlements 

(a) Parental leave is to be available to only one parent at a time, except 
parents may take up to eight weeks leave concurrently with each other, 
comprising any paid leave to which the Employee may be eligible for under 
clause 57.3 or unpaid, in connection with the birth or adoption of their Child 
(Concurrent Leave). 

(i) Concurrent Leave may commence one week prior to the 
expected date of birth of the Child or the time of placement in the 
case of adoption. 

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

(b) While an Employee’s eligibility for parental leave is determined at the time 
of birth or adoption of the Child, the Employee and the Library may agree 
to permit the Employee to use the paid leave entitlements outlined in this 
clause at any time within the first 52 weeks of parental leave, or where an 
extension is granted under clause 57.23(b), within the first 78 weeks where 
clause 57.6 is invoked or otherwise the first 104 weeks. 

(c) Parental leave does not need to be taken in a single continuous period. 
The Library and Employee will agree on the duration of each block of 
parental leave. The Library will consider their operational requirements and 
the Employee’s personal and family circumstances in considering requests 
for parental leave in more than one continuous period. Approval of such 
requests will not be unreasonably refused. 

 Using other accrued leave in conjunction with Parental Leave 

An Employee may in lieu of or in conjunction with parental leave, access any annual 
leave or long service leave entitlements which they have accrued subject to the total 
amount of leave not exceeding 52 weeks or a longer period as agreed under clause 
57.23(b). 

57.18 

57.19 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  76 

Unofficial 

 Public holidays during a period of paid parental leave 

Where a Public Holiday occurs during a period of paid parental leave, the Public 
Holiday is not to be regarded as part of the paid parental leave and the Library will 
grant the Employee a day off in lieu, to be taken by the Employee immediately 
following the period of paid parental leave. 

 Effect of unpaid parental leave on an Employee’s continuity of employment 

Other than provided for in clause 64 (Long Service Leave), unpaid parental leave 
under clauses 57.4, 57.5, 57.23 and 57.29 shall not break an Employee’s continuity 
of employment but it will not count as service for leave accrual or other purposes. 

 Keeping in touch days 

(a) During a period of parental leave, the Library and Employee may agree to 
perform work for the purpose of keeping in touch in order to facilitate a 
return to employment at the end of the period of leave. 

(b) Keeping in touch days must be agreed and be in accordance with section 
79A of the FW Act. 

 Extending parental leave 

(a) Extending the period of parental leave where the initial period of 
parental leave is less than 52 weeks 

(i) An Employee, who is on an initial period of parental leave of less 
than 52 weeks under clause 57.4 or 57.5, may extend the period 
of their parental leave on one occasion up to the full 52 week 
entitlement. 

(ii) The Employee must notify the Library in writing at least four 
weeks prior to the end date of their initial parental leave period. 
The notice must specify the new end date of the parental leave. 

(b) Right to request an extension to parental leave beyond the initial 52-
week period to a maximum of 104 weeks 

(i) An Employee who is on parental leave under clause 57.4 or 57.5 
may request an extension of unpaid parental leave for a further 
period of up to 12 months immediately following the end of the 
current parental leave period. 

(ii) In the case of an Employee who is a member of a couple, the 
period of the extension cannot exceed 12 months, less any 
period of parental leave that the other member of the couple will 
have taken in relation to the Child. 

(iii) The Employee’s request must be in writing and given to the 
Library at least 4 weeks before the end of the current parental 
leave period. The request must specify any parental leave that 
the Employee’s Spouse will have taken. 

(iv) The Library shall consider the request having regard to the 
Employee’s circumstances and, provided the request is based 
on the Employee’s parental responsibilities, may only refuse the 
request on reasonable business grounds. 

57.20 

57.21 

57.22 

57.23 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  77 

Unofficial 

(v) The Library must not refuse the request unless the Library has 
given the Employee a reasonable opportunity to discuss the 
request. 

(vi) The Library must give a written response to the request as soon 
as practicable, and no later than 21 days after the request is 
made. The response must include the details of the reasons for 
any refusal. 

 Total period of parental leave 

(a) The total period of parental leave, including any extensions, must not 
extend beyond 24 months. 

(b) In the case of a couple, the total period of parental leave for both parents 
combined, including any extensions, must not extend beyond 24 months. 
The Employee’s entitlement to parental leave under clause 57.4 or 57.5 
will reduce by the period of any extension taken by a member of the couple 
under clause 57.23. 

 Calculation of pay for the purposes of parental leave 

(a) The calculation of weekly pay for paid parental leave purposes will be 
based on the Employee’s average number of ordinary hours over the past 
three years from the proposed commencement date of parental leave 
(Averaging Period). 

(b) Where an Employee has less than three years of service the Averaging 
Period will be their total period of service in the VPS. 

(c) The calculation will exclude any of the following periods which fall during 
the Averaging Period: 

(i) periods of unpaid parental leave; and 

(ii) any time worked at a reduced time fraction in order to better cope 
during pregnancy; and 

(iii) authorised unpaid leave for an unforeseen reason beyond the 
Employee’s control; and 

(iv) time worked at a reduced time fraction on returning to work after 
a period of parental leave under clause 57.30(c). 

(d) For the purposes of clause 57.25(c)(iii), an ‘unforeseen reason beyond the 
Employee’s control’ may include, for example, a personal illness or injury 
suffered by the Employee, or the care or support of an ill or injured 
Immediate Family or household member by the Employee. But would not 
include leave taken for lifestyle or personal reasons, career breaks or leave 
to undertake other employment. 

(e) The average number of weekly hours, determined in accordance with 
clause 57.25(a) above, will be then applied to the annual Salary applicable 
to the Employee’s classification and salary point at the time of taking 
parental leave to determine the actual rate of pay whilst on parental leave. 

57.24 

57.25 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  78 

Unofficial 

 Half Pay 

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

 Employer Superannuation contributions in respect of Primary Caregiver 
Parental Leave 

An Employee who returns to work at the conclusion of a period of Primary Caregiver 
Parental Leave will be entitled to have superannuation contributions made in respect 
of the period of the Employee’s Primary Caregiver Parental Leave, subject to 
requirements in clause 39.5 (Superannuation). 

 Effect of parental leave on progression for Primary Caregivers 

An Employee who returns to work at the conclusion of a period of Primary Caregiver 
Parental Leave may be entitled to Progression Steps or Amounts forgone as a result 
of being on parental leave in accordance with clause 32 (Performance Development 
Progression). 

 Commonwealth Paid Parental Leave 

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

 Returning to Work 

(a) Returning to work early 

(i) During the period of parental leave an Employee may return to 
work at any time as agreed between the Library and the 
Employee, provided that time does not exceed four weeks from 
the recommencement date desired by the Employee. 

(ii) In the case of adoption, where the placement of an eligible Child 
with an Employee does not proceed or continue, the Employee 
will notify the Library immediately and the Library will nominate a 
time not exceeding four weeks from receipt of notification for the 
Employee’s return to work. 

(b) Returning to work at conclusion of leave 

(i) At least four weeks prior to the expiration of parental leave, the 
Employee will notify the Library of their return to work after a 
period of parental leave. 

(ii) Subject to clause 57.30(b)(iii), an Employee will be entitled to the 
position which they held immediately before proceeding on 
parental leave. In the case of an Employee transferred to a safe 
job pursuant to clause 57.14 above, the Employee will be entitled 
to return to the position they held immediately before such 
transfer. 

(iii) Where such position no longer exists but there are other 
positions available which the Employee is qualified for and is 
capable of performing, the Employee will be entitled to a position 

57.26 

57.27 

57.28 

57.29 

57.30 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  79 

Unofficial 

as nearly comparable in status and pay to that of their former 
position. 

(c) Returning to work at a reduced time fraction 

(i) To assist an Employee in reconciling work and parental 
responsibilities, an Employee may request to return to work at a 
reduced time-fraction. 

(ii) Where an Employee wishes to make a request under clause 
57.30(c)(i) such a request must be made as soon as possible but 
no less than seven weeks prior to the date upon which the 
Employee is due to return to work from parental leave. 

 Lactation breaks 

(a) Employees cannot be discriminated against for breastfeeding or 
chestfeeding or expressing milk in the workplace. 

(b) An Employee who wishes to continue breastfeeding or chestfeeding after 
returning to work from a period of parental leave or keeping in touch days, 
may take reasonable time during working hours without loss of pay to do 
so. 

(c) Paid lactation breaks are in addition to normal meal and rest breaks 
provided for in this Agreement. 

 Consultation and Communication during Parental Leave 

(a) Where an Employee is on parental leave and a definite decision has been 
made to introduce significant change at the workplace, the Library shall 
take reasonable steps to: 

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

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

(b) The Employee shall take reasonable steps to inform the Library about any 
significant matter that will affect the Employee’s decision regarding the 
duration of parental leave to be taken, whether the Employee intends to 
return to work and whether the Employee intends to request to return to 
work on a part-time basis. 

(c) The Employee shall also notify the Library of changes of address or other 
contact details which might affect the Library’s capacity to comply with 
clause 57.32(a). 

 Extended Family Leave 

(a) An Employee who is the Primary Caregiver and has exhausted all parental 
leave entitlements may apply for unpaid Extended Family Leave as a 
continuous extension to their parental leave taken in accordance with this 

57.31 

57.32 

57.33 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  80 

Unofficial 

clause. The total amount of leave, inclusive of parental leave taken in 
accordance with this clause cannot exceed seven years from the 
commencement date of parental leave. 

(b) The Employee must make an application for Extended Family Leave each 
year. 

(c) An Employee will not be entitled to paid parental leave whilst on Extended 
Family leave. 

(d) Upon return to work the Library may reallocate the Employee to other 
duties. 

 Replacement Employees 

(a) A replacement Employee is an Employee specifically engaged or 
temporarily acting on higher duties or transferred, as a result of an 
Employee proceeding on parental leave. 

(b) Before the Library engages a replacement Employee the Library must 
inform that person of the temporary nature of the employment and of the 
rights of the Employee who is being replaced. 

(c) The limitation in clause 21.3 on the use of fixed term employment to 
replace the Employee does not apply in this case. 

 Casual Employees 

The Library must not fail to re-engage a casual Employee because the Employee 
has accessed parental leave in accordance with this clause. The rights of the Library 
in relation to engagement and re-engagement of casual Employees are not affected, 
other than in accordance with this clause. 

58 Surrogacy Leave 

 Entitlement to Leave 

An Employee (excluding a Casual Employee) who has completed at least three 
months paid Continuous Service, who enters into a formal surrogacy arrangement 
from the commencement of this Agreement which complies with Part 4 of the 
Assisted Reproductive Treatment Act 2008 (Vic), as the surrogate, is entitled to 
access the following leave entitlements: 

(a) Pre-Natal leave in accordance with clause 57.7 of the Agreement, and 

(b) six weeks of paid leave. 

 Continuing to work while pregnant 

(a) A pregnant Employee acting as the surrogate as part of a formal surrogacy 
arrangement wanting to work during the six weeks before the birth may be 
asked to provide a medical certificate stating they are fit for work and 
whether there are any risks in connection to their duties. 

(b) An Employee who fails to provide a requested medical certificate within 
seven days or provides one which states they are unfit for work may be 
required to commence surrogacy leave. 

57.34 

57.35 

58.1 

58.2 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  81 

Unofficial 

 Transfer to safe job 

(a) If an Employee provides a medical certificate stating they are fit for work 
but it is inadvisable for the Employee to continue in their present duties 
because of risks or illness the Employee is entitled to be transferred to an 
appropriate safe job that has the same, or other agreed ordinary hours of 
work with no other changes to the Employee’s terms and conditions. 

(b) If no appropriate safe job is available the Employee is entitled to take paid 
or unpaid (if not eligible for parental leave) ‘No Safe Job Leave’. 

 Commencement of Surrogacy Leave 

(a) An Employee who is pregnant as a result of acting as a surrogate may 
commence paid Surrogacy Leave at any time within 6 weeks prior to the 
expected date of birth of the Child. Otherwise the period of parental leave 
must commence no later than the date of birth of the Child, unless agreed 
with the Library. 

(b) Unless otherwise agreed, any entitlement to paid surrogacy leave will be 
paid from the date of commencement of Surrogacy Leave. 

 Surrogacy Leave and other entitlements 

An Employee may access, in conjunction with Surrogacy Leave, any other paid or 
unpaid entitlements available under this Agreement with the approval of the Library. 

 Personal/Carer’s Leave 

A pregnant Employee, not then on Surrogacy Leave, who is suffering from an illness 
whether related or not to the pregnancy, may take any paid and/or unpaid 
personal/carer’s leave in accordance with clause 53. 

 Special Surrogacy Leave 

(a) Where the pregnancy of an Employee not then on parental leave 
terminates other than by the birth of a living child, the Employee may take 
leave for such periods as a registered medical practitioner certifies as 
necessary, as follows: 

(i) where the pregnancy terminates during the first 20 weeks, during 
the certified period/s the Employee is entitled to access any paid 
and/or unpaid personal/carer’s leave entitlements in accordance 
with clause 53; 

(ii) where the pregnancy terminates after the completion of 20 
weeks, during the certified period/s the Employee is entitled to 
paid special surrogacy leave not exceeding the amount of paid 
surrogacy leave available under this clause 58.1. 

 Public holidays during a period of paid surrogacy leave 

Where a Public Holiday occurs during a period of paid surrogacy leave, the Public 
Holiday is not to be regarded as part of the paid surrogacy leave and the Library will 
grant the Employee a day off in lieu, to be taken by the Employee immediately 
following the period of paid surrogacy leave. 

58.3 

58.4 

58.5 

58.6 

58.7 

58.8 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  82 

Unofficial 

 Notice and Evidentiary Requirements 

(a) An Employee must provide 10 weeks’ written notice to the Library of their 
intention to take Surrogacy Leave. The notification should include a 
Statutory Declaration which specifies: 

(i) the intended start and end dates of the leave; and 

(ii) known, any other leave the Employee seeks approval to take in 
conjunction with their Surrogacy Leave; and 

(iii) for the period of surrogacy leave the Employee will not engage 
in any conduct inconsistent with their contract of employment. 

(b) The Library may also require the Employee to provide documentary 
evidence confirming: 

(i) the expected date of birth of the Child; and 

(ii) the formal surrogacy arrangement, which complies with Part 4 of 
the Assisted Reproductive Treatment Act 2008 (Vic). 

(c) The Employee must confirm these details at least 4 weeks prior to the 
commencement of the proposed period of Surrogacy leave. 

59 Foster and Kinship Care Leave 

 An Employee who provides short-term foster or kinship care as the primary caregiver 
to a Child who cannot live with their parents as a result of an eligible child protection 
intervention is entitled to up to two days paid leave on up to five occasions per 
calendar year to be taken at the time the placement of the child with the Employee 
commences. 

 For the purposes of this clause Foster and Kinship Care includes: 

(a) Foster Caring, which is the temporary care of a child of up to 18 years of 
age on a short-term basis by an Employee who is an accredited foster 
carer. 

(b) Kinship Care, which is temporary care provided by an Employee who is a 
relative or a member of the child's social network when the child cannot 
live with their parents. 

(c) Aboriginal Kinship Care, which is temporary care provided by an Employee 
who is a relative or friend of an Aboriginal child who cannot live with their 
parents, where Aboriginal family and community and Aboriginal culture are 
valued as central to the child’s safety, stability and development. 

 Eligible child protection interventions include emergency respite and short-term or 
long-term placements on a non-permanent basis, as issued by the Victorian 
Department of Families, Fairness and Housing, the Children’s Court or other similar 
federal, state or judicial authority. 

 Subject to the approval of the Library, the paid leave provided in this clause may be 
used in conjunction with any other paid or unpaid leave entitlements the Employee 
may be eligible for under this Agreement. 

58.9 

59.1 

59.2 

59.3 

59.4 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  83 

Unofficial 

 In the case of foster carers, one occasion totalling up to two days duration may be 
used for accreditation purposes, including attending compulsory interviews or 
training. 

 The Library may require the Employee to provide reasonable evidence to satisfy 
themselves of the Employee’s entitlement to leave under this provision. 

60 Gender Transition Leave 

 The Library encourages a culture that is supportive of transgender and gender 
diverse Employees and recognises the importance of providing a safe environment 
for Employees undertaking gender transition. 

 Gender Transition refers to the process where a transgender Employee commences 
living as a member of another gender. This is sometimes referred to ‘affirming’ their 
gender. This may occur through medical, social or legal changes. 

 Employees may give effect to their transition in a number of ways and are not 
required to be undergoing specific types of changes, such as surgery, to access 
leave under this clause. 

 Amount of gender transition leave 

(a) An Employee (other than a Casual Employee) who commences living as a 
member of another gender is entitled Gender Transition Leave for the 
purpose of supporting the Employee’s transition. Gender Transition Leave 
will comprise: 

(i) up to 4 weeks (20 days) paid leave for essential and necessary 
gender affirmation procedures; and 

(ii) up to 48 weeks of unpaid leave. 

(b) Essential gender affirmation procedures may include: 

(i) medical or psychological appointments; or 

(ii) hormonal appointments; or 

(iii) surgery and associated appointments; or 

(iv) appointments to alter the Employee’s legal status or amend the 
Employee’s gender on legal documentation; or 

(v) any other similar necessary appointment or procedure to give 
effect to the Employee’s transition as agreed with the Library. 

(c) An Employee who is entitled to unpaid Gender Transition Leave may, in 
conjunction with all or part of that leave utilise accrued Annual or Long 
Service Leave, provided that the combined total of all paid and unpaid 
leave taken does not exceed 52 continuous weeks. 

(d) Gender Transition Leave may be taken as consecutive, single or part days 
as agreed with the Library. 

(e) Leave under this clause will not accrue from year to year and cannot be 
cashed out on termination of employment. 

59.5 

59.6 

60.1 

60.2 

60.3 

60.4 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  84 

Unofficial 

 Gender Transition Leave – Casual employees 

Casual Employees are entitled to access unpaid leave of up to 52 continuous weeks 
duration for gender transition purposes. 

 Notice and evidence requirements 

(a) An Employee seeking to access Gender Transition Leave must provide the 
Library with at least 4 weeks’ written notice of their intended 
commencement date and expected period of leave, unless otherwise 
agreed by the Library. 

(b) An Employee seeking to access Gender Transition Leave may be required 
to provide suitable supporting documentation or evidence of their 
attendance at essential gender affirmation procedures. This may be in the 
form of a document issued by a registered practitioner, a lawyer, or a State, 
Territory or Federal government organisation, statutory declaration or other 
suitable supporting documentation. 

(c) For the purpose of this clause, Registered Practitioner has the same 
meaning as set out in clause 53.3(d). 

61 Leave to Attend Rehabilitation Program 

 An Employee, other than a casual Employee, may be granted leave with or without 
pay to undertake an approved rehabilitation program where the Library is satisfied 
that: 

(a) the Employee’s work performance is adversely affected by the misuse of 
drugs or alcohol or problem gambling; 

(b) the Employee is prepared to undertake a course of treatment designed for 
the rehabilitation of persons with alcohol, drug or gambling related 
problems; and 

(c) in the case of an alcohol or drug addiction, a Registered Practitioner has 
certified that in their opinion the Employee is in need of assistance because 
of their misuse of alcohol or drugs and that the Employee is suitable for an 
approved rehabilitation program; or 

(d) in the case of problem gambling the Employee satisfies the eligibility 
criteria for entry into an approved problem gambling rehabilitation program. 

 On production of proof of attendance at an approved rehabilitation program in 
accordance with clause 61.1, an Employee may be granted leave as follows: 

(a) An Employee who has completed two years’ continuous or aggregate 
service and who has exhausted all other accrued leave entitlements may 
be granted leave with pay up to the maximum number of days specified 
below: 

Years of Service First Year of 
Program 

Subsequent Years of 
Program 

2 years 20 days 15 days 

3 years 27 days 20 days 

60.5 

60.6 

61.1 

61.2 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  85 

Unofficial 

4 years 33 days 25 days 

5 or more years 40 days 30 days 

(b) An Employee who has completed less than two years continuous or 
aggregate service may be granted leave without pay for the purposes of 
attending an approved rehabilitation program. 

 For the purpose of this clause, Registered Practitioner has the same meaning as set 
out in clause 53.3(d). 

62 Cultural and Ceremonial Leave 

 NAIDOC Week Leave 

(a) An Employee of Aboriginal or Torres Strait Islander descent is entitled to 
one day of paid leave per calendar year to participate in National Aboriginal 
and Islander Day Observance Committee (NAIDOC) week activities and 
events. 

(b) NAIDOC week leave will not accrue from year to year and will not be paid 
out on termination of the employment of the Employee. 

 Leave to attend Aboriginal community meetings 

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

 Leave to attend Annual General Meetings of Aboriginal community 
organisations 

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

 Ceremonial leave 

(a) Ceremonial leave will be granted to an Employee of Aboriginal or Torres 
Strait Islander descent for ceremonial purposes: 

(i) connected with the death of a member of the Immediate Family 
or extended family (provided that no Employee shall have an 
existing entitlement reduced as a result of this clause); or 

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

(b) Where ceremonial leave is taken for the purposes outlined in clause 
62.4(a), up to three days in each year of employment will be with pay. Paid 
ceremonial leave will not accrue from year to year and will not be paid out 
on termination of the employment of the Employee. 

(c) Ceremonial leave granted under this clause 62.4 is in addition to 
compassionate leave granted under clause 56. 

61.3 

62.1 

62.2 

62.3 

62.4 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  86 

Unofficial 

63 Leave to participate in the First Peoples' Assembly of Victoria 

 An Employee who is a member of the First Peoples’ Assembly of Victoria is entitled 
to up to 10 days paid leave per calendar year to fulfil their official functions during 
their term of office. 

 Leave will be available to attend sessions of the First Peoples’ Assembly of Victoria, 
participate in constituent consultation relevant to their role or for any other ancillary 
purpose as agreed with the Library. 

 Where in any calendar year an Employee exhausts their entitlement under this 
clause the Library may grant further paid or unpaid leave, under clause 72 (Other 
Leave), to support the Employee’s representative functions. 

 The Employee may also utilise flexible working arrangements, in addition to leave 
provided in this clause, to help support their representative functions, with the 
agreement of the Library. 

 Leave under this clause will not accrue from year to year and cannot be cashed out 
on termination of employment. 

64 Long Service Leave 

 Basic Entitlement and accrual 

(a) Long service leave is paid leave accrued during periods of continuous 
employment, as defined in the Long Service Leave Act 2018 (Vic). 

(b) The entitlement for each 10 years’ continuous employment is 3 months’ 
long service leave. 

 When can Long Service Leave be accessed? 

(a) An Employee is entitled to take long service leave on a pro-rata basis after 
seven years of Continuous Employment, and at any time after that in 
accordance with clause 64.3. 

(b) An Employee with seven or more years of Continuous Employment is 
entitled to be paid out any unused long service leave accrual on the date 
their employment ends. 

(c) Despite clause 64.2(b) an Employee with 4 or more years of Continuous 
Employment is entitled to be paid out any unused long service leave 
accrual if: 

(i) on account of age or ill health the Employee retires or is retired; 
or 

(ii) the employment of the Employee is terminated for any reason 
except for serious misconduct or resignation; or 

(iii) the Employee dies. 

 Taking long service leave 

(a) Long service leave will be taken at a time convenient to the needs of the 
Library and Employee. 

63.1 

63.2 

63.3 

63.4 

63.5 

64.1 

64.2 

64.3 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  87 

Unofficial 

(b) Long service leave may be taken for any period of not less than 1 day. 

(c) A Public Holiday falling within a period of approved long service leave is 
not regarded as part of the long service leave. An Employee is entitled to 
take and be paid for a public holiday falling within a period of approved 
long service leave. 

(d) On return from leave, the Employee will revert to the time fraction they 
worked immediately prior to going on leave, unless otherwise agreed by 
the Library and the Employee. 

 Payment while on long service leave 

(a) While on long service leave the Library will continue to pay the Employee 
using the same method and frequency as if the Employee was not on long 
service leave. 

(b) Payment to an Employee for or in lieu of long service leave includes: 

(i) the salary the Employee is entitled to receive on the day on which 
the Employee starts long service leave, calculated on the 
Employee’s normal weekly hours of work; and 

(ii) salary maintenance if the Employee is receiving salary 
maintenance; and 

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

(iv) any annual allowance payable to the Employee which the Library 
determines should be included, except excluding (if relevant): 

• any payment of overtime or shift allowances; and 

• any travelling or transport allowance; and 

• any allowance which is a reimbursement of an 
expenditure. 

(c) If no normal weekly number of hours of work is fixed for an Employee's 
work or the normal weekly number of hours of work is fixed but changed 
one or more times during the 104 weeks immediately before the Employee 
starts long service leave, the Employee’s normal weekly hours are the 
greatest of the average ordinary hours worked by the Employee in the 
preceding 52 weeks, 260 weeks or the period of the Employee’s 
continuous employment with the Library, in accordance with the Long 
Service Leave Act 2018 (Vic). 

 Long service leave at half pay 

(a) An Employee may request the Library to grant the Employee a period of 
long service leave twice as long as the period to which the Employee would 
otherwise be entitled and at a rate of pay equal to half the amount payable 
pursuant to clause 64.4. 

(b) The Library will grant such a request unless it has reasonable business 
grounds for refusing the request. 

64.4 

64.5 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  88 

Unofficial 

 Previous employment which counts towards Continuous Employment 

(a) Service in previous employment in any employer referred to in clause 64.7 
counts towards Continuous Employment where the service concluded 
within 12 months of the commencement or re-commencement of 
employment with the Library. 

(b) An Employee is not entitled to long service leave (or payment for long 
service leave): 

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

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

 Service with other employers that counts towards Continuous Employment 

(a) The following service will be recognised as Continuous Employment for the 
purposes of long service leave: 

(i) any service with a State, Commonwealth or Territory of Australia 
Government Department or Public Service authority; or 

(ii) any service with a public entity under the PAA; or 

(iii) any service with a local government authority that is established 
by or under a law of Victoria. 

(b) In addition, the Library may recognise service with 

(i) a public sector authority; or 

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

(c) For the purposes of clause 64.7(a) and 64.7(b) authority means an 
authority, whether incorporated or not, that is constituted: 

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

(ii) for a public purpose. 

(d) Where an Employee believes they have service with other employers 
which should be counted towards Continuous Employment, the Employee 
should make application to the Library seeking this service be counted 
towards the Employee’s period of Continuous Employment within six 
months of an Employee’s starting date with the Library. The Library will 
take reasonable steps within this period to ascertain from the Employee 
whether the Employee has prior service. 

65 Defence Reserve Leave 

 An Employee required to complete Defence Reserve service may be granted leave 
up to a maximum period of 78 weeks’ continuous service. 

64.6 

64.7 

65.1 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  89 

Unofficial 

 The Employee will consult with the Library regarding the proposed timing of the 
service. Applications for leave under this clause must be made with as much notice 
as is possible and be accompanied by evidence supporting the call to duty or reason 
for the service. 

 Where the base salary excluding allowances received by the Employee from the 
Australian Defence Force or Defence Reserve service during their ordinary hours of 
work is below the Employee’s VPS Salary, the Library will, unless exceptional 
circumstances arise, pay to the Employee make-up pay for the period of Defence 
Reserve service. 

 Preservation of prior entitlement 

 For Employees in employment prior to 9 May 2002, any more favourable provision 
relating to their previous entitlement to Defence Force leave is maintained. 

66 Jury Service 

 An Employee required to attend for jury service under the Juries Act 2000 (Vic) is 
entitled to leave with pay for the period during which their attendance is required. 
The Employee must provide a certificate of attendance issued by the Juries 
Commissioner as evidence of attendance. 

 Any payment made to the Employee in accordance with the Juries Act 2000 (Vic) for 
serving as a juror during their ordinary hours of work must be repaid to the Library, 
less an amount for reasonable expenses actually incurred. 

67 Leave for Blood Donations 

Leave may be granted to an Employee without loss of pay to visit the Red Cross Blood Bank 
as a donor once every twelve weeks. 

68 Leave to Engage in Voluntary Emergency Management Activities 

 An Employee who engages in a voluntary emergency management activity with a 
recognised emergency management body that requires the attendance of the 
Employee at a time when the Employee would otherwise be required to be at work 
is entitled to leave with pay for: 

(a) time when the Employee engages in the activity; and 

(b) reasonable travelling time associated with the activity; and 

(c) reasonable rest time immediately following the activity. 

 The Employee must advise the Library as soon as reasonably practicable if the 
Employee is required to attend a voluntary emergency management activity and 
must advise the Library of the expected or likely duration of the Employee’s 
attendance. The Employee must provide a certificate of attendance or other 
evidence of attendance as reasonably requested by the Library. 

 Recognised emergency management bodies include but are not limited to, the 
Country Fire Authority, Red Cross, State Emergency Service and St John 
Ambulance. 

 An Employee who is required to attain qualifications or to requalify to perform 
activities in an emergency management body must be granted leave with pay for the 

65.2 

65.3 

65.4 

65.5 

66.1 

66.2 

68.1 

68.2 

68.3 

68.4 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  90 

Unofficial 

period of time required to fulfil the requirements of the training course pertaining to 
those qualifications, provided that such training can be undertaken without unduly 
affecting the operations of the Library. 

69 Voluntary Community Activities Leave 

 An Employee is entitled to leave with pay of up to 10 days, per calendar year, to fulfil 
official functions during their term of office as an elected member of 

(a) a Local Government Council; or 

(b) a committee of management of a not-for-profit community organisation 
which operates under a formal legal structure subject to applicable State 
of Federal legislation. 

 Leave will be subject to Library’s operational needs 

 Leave will be available for any of the following purposes: 

(a) To enable the Employee to attend any training program required to meet 
grant, funding or governance obligations; or 

(b) Participate in a community event as part of their role with the organisation; 
or 

(c) Participate in consultation relevant to their role in the organisation; or 

(d) Any other purpose agreed with the Library. 

 Leave will not accrue from year to year and cannot be cashed out on termination of 
employment. 

70 Participation in Sporting Events 

 Leave with pay up to a maximum of two weeks in any two calendar year period may 
be granted to an Employee to participate either as a competitor or an official in any 
non-professional state, national or international sporting event. 

 The length of absence from work and travel arrangements for participation in 
sporting events must be agreed with the Library in advance before leave may be 
granted. 

71 Study Leave 

 The Library acknowledges that learning and development benefits both the 
Employee and Library. 

 The Library may grant to any Employee paid leave to undertake an accredited course 
of study provided by an educational institution or registered training organisation. 

 The Library may grant any Employee time off without loss of pay under this clause 
for professional development including Continuing Professional Development 
(CPD), short courses, micro-credentialing or other training. 

 In determining whether to grant study leave, the Library will consider matters such 
as the relevance of the proposed study to the Employee’s employment, the 
development of the Employee’s capability and skills, alignment to organisational 
goals and the reasonable operational requirements of the Library. 

69.1 

69.2 

69.3 

69.4 

70.1 

70.2 

71.1 

71.2 

71.3 

71.4 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  91 

Unofficial 

 The Library may grant an Employee, the following leave entitlements: 

(a) paid leave to enable travel to and attendance of up to seven hours of 
classroom activity or related project work per week; and 

(b) up to five days paid leave per annum to: 

(i) prepare for and attend examinations associated with the course 
of study; or 

(ii) finish major project work required to complete an accredited 
course of study, professional development, short course, micro-
credentialing or other training. 

 The Library may grant additional leave with or without pay as considered necessary. 

 Part-time Employees may be granted Study Leave on a pro-rata basis calculated on 
the number of ordinary hours worked. 

 In determining the amount of any leave to be granted under clause 71.2, the Library 
will have regard to the course requirements, the Library’s operational requirements 
and the development of the Employee. 

 Where an Employee undertakes an accredited course of study professional 
development, short course, micro-credentialing or other training, the Employee may 
be expected to complete some of the course requirements in their own time. 

 The paid leave provided for in clause 71.5(a) may be used weekly or, with the 
approval of the Library, banked to support attendance at intensive courses. Study 
leave will not accrue from year to year and will not be paid out on termination 

72 Other Leave 

 An Employee may be granted leave with or without pay by the Library for any 
purpose. 

 Leave under this clause may be granted for purposes including: 

(a) cultural and religious purposes; or 

(b) activities inherently associated with an Employee’s disability not already 
provided for by specific leave entitlements under this Agreement or 
otherwise agreed with the Library; or 

(c) paid family violence leave for casual employees. 

 Unless otherwise provided for in this Agreement, leave without pay shall not break 
the Employee’s continuity of employment but leave without pay will not count as 
service for leave accrual or other purposes. 

Part 8 – Occupational Health and Safety 

73 Accident Make-Up Pay 

 Where an Employee is absent from duty as a result of sustaining an injury in respect 
of which the Employee is entitled to weekly payments of compensation under the 
Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), the Employee will 

71.5 

71.6 

71.7 

71.8 

71.9 

71.10 

72.1 

72.2 

72.3 

73.1 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  92 

Unofficial 

be entitled to accident make-up pay equivalent to their normal Salary less the amount 
of weekly compensation payments. 

 Payment – maximum entitlement 

(a) The Library will continue to provide accident make-up pay to the Employee 
for either a continuous period of 52 weeks, or an aggregate period of 261 
working days, or an aggregate of 1984 hours, unless employment ceases. 

(b) An entitlement to accident make-up pay will cease when the Employee has 
been absent from work for either a continuous period of 52 weeks, or an 
aggregate period of 261 working days, or an aggregate of 1984 hours  or 
when employment ceases or when the benefits payable under the 
Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) cease. 

(c) The Library may grant the Employee leave without pay where an 
entitlement to accident make-up pay has ended. 

 For the avoidance of doubt, an Employee may, with the Library’s consent, take 
annual leave or long service leave whilst receiving accident make up pay. 

 For an injury prior to the proclamation of the Workplace Injury Rehabilitation and 
Compensation Act 2013, a reference to that Act shall be deemed to be a reference 
to the Accident Compensation Act 1985 (Vic). 

74 Work Health and Safety 

 Objectives 

(a) This Agreement acknowledges and supports the rights of Employees to 
work in an environment, which is, so far as is practicable, safe and without 
risks to health. The Parties are committed to the promotion of a joint and 
united approach to consultation and resolution of Work Health and Safety 
(WHS) issues. 

(b) The Agreement commits the Parties to improving health and safety with a 
view to improving workplace efficiency and productivity. This will be 
accomplished through the ongoing development, in consultation with 
Employees and their health and safety representatives, of management 
systems and procedures designed to, so far as is practicable to: 

(i) identify, assess and control workplace hazards; and 

(ii) reduce the incidence and cost of occupational injury and illness; 
and 

(iii) identify and appropriately manage work and work practices 
which impact on OH&S; and 

(iv) provide a rehabilitation system for Employees affected by 
occupational injury or illness; and 

(v) consider the impact of changes to work practices and staffing on 
occupational health and safety, and 

(vi) ensure that health and safety representatives can exercise their 
powers to the extent provided for in the Occupational Health and 

73.2 

73.3 

73.4 

74.1 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  93 

Unofficial 

Safety Act 2004 (Vic) and the Occupational Health and Safety 
Regulations 2017. 

(c) WHS statutory requirements, including regulations and codes of practice/ 
compliance codes are minimum standards and will be improved upon 
where practicable. 

 WHS consultation 

(a) Consultative mechanisms will be maintained to address WHS issues. Such 
mechanisms will be: 

(i) in accordance with the Occupational Health and Safety Act 2004 
(Vic); and 

(ii) established in consultation with Employees and their health and 
safety representatives; and 

(iii) consistent with the rights and functions of health and safety 
representatives, consistent with the Occupational Health and 
Safety Act 2004 (Vic). 

(b) Where a WHS committee is established at least half the members shall be 
Employees, including health and safety representatives. 

(c) The WHS committee must operate within the requirements of the 
Occupational Health and Safety Act 2004 (Vic). 

(d) A CPSU workplace representative may attend local WHS committee 
meetings (by giving notice) from time to time. 

 WHS training 

(a) Workplace training programs, including induction and on-the-job training 
will outline relevant details of WHS policies and procedures. 

(b) The contents of WHS training programs will outline the WHS roles and 
responsibilities of Employees, managers and supervisors, WHS policies 
and procedures, particular hazards associated with their workplaces, 
control measures applicable to each hazard, and WHS systems to identify 
hazards and instigate preventative action. 

 Designated Work Groups and Health and Safety Representatives 

(a) The Parties will review the Designated Work Groups (DWGs), and 
negotiate revised DWGs where appropriate through workplace 
consultative structures. 

(b) The CPSU will be notified of vacancies for health and safety 
representatives in DWGs where the majority of DWG Employees are 
eligible to be members of the CPSU. 

(c) Each elected health and safety representative will be provided with 
reasonable access to facilities such as email, telephone, fax, office and 
computer access, where available. An Employee will be granted 
reasonable time release or paid time (including time in lieu) to attend to 
their functions as a health and safety representative including but not 
limited to regularly inspecting workplaces (as defined by their DWG), 
consulting with Employees in their DWGs, WHS representatives and other 

74.2 

74.3 

74.4 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  94 

Unofficial 

persons involved in the organising of Employees’ health, safety and 
welfare. 

(d) The Library will post and maintain current in each workplace the names 
and relevant contact details, including email where available, of elected 
health and safety representatives for identified DWGs. Such circular shall 
be required to be posted on a notice board for the regular attention of all 
Employees working in the workplace. 

(e) To monitor the maintenance of effective WHS structures and training 
delivery the parties will jointly establish a central register or local registers 
of DWGs and their health and safety representatives. The register will be 
maintained by the Library from information provided on a quarterly basis 
from each region/workplace. 

(f) Information from the updated register(s) will be provided in electronic 
format to the CPSU upon request. The information provided will be in 
accordance with the Privacy and Data Protection Act 2014 (Vic). Where 
possible, this information will include: 

(i) a description, including the location, of each DWG; and 

(ii) the name of each elected health and safety representative, their 
workplace contact details and email address; and 

(iii) the date the health and safety representative was elected; and 

(iv) a description of the training the health and safety representative 
has attended and the date of attendance; and 

(v) the name and contact details of the nominated management 
representative responsible for each DWG; and 

(vi) details of the structure of WHS committees, their meeting 
frequency and the name and contact details of the committee 
convener. 

 Bullying and violence at work 

The Parties to this Agreement are committed to working together to reduce bullying 
and occupational assault so far as is practicable in the workplace, including by taking 
reasonable steps to: 

(a) ensure Employee awareness of expected standards of behaviour, 
Employee duties in respect of occupational health and safety and of what 
constitutes and how to prevent and address negative workplace behaviour; 

(b) ensure supervisor and manager capability to prevent and manage negative 
workplace behaviour; 

(c) ensure consistent, best practice processes for managing negative 
behaviour in accordance with clause 28 processes. 

 Employee support and debriefing 

(a) The Library will provide support and debriefing to Employees who have 
directly or vicariously experienced a “critical incident” during the course of 
the work that results in personal distress or psychological trauma. The 
Library is committed to assisting the recovery of Employees experiencing 

74.5 

74.6 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  95 

Unofficial 

distress or trauma following a critical incident with the aim of returning 
Employees to their pre-incident level of functioning as soon as possible. 

(b) A critical incident is defined as an event outside the range of usual human 
experience which has the potential to easily overcome a person's normal 
ability to cope with stress. It may produce a negative psychological 
response in an Employee who was involved in or witnessed, or otherwise 
deals with and/or is exposed through their course of their duties to the 
details of such an incident. 

(c) Critical incidents in the workplace environment include, but are not limited 
to: 

(i) aggravated assaults; or 

(ii) robbery; or 

(iii) suicide or attempted suicide; or 

(iv) murder; or 

(v) sudden or unexpected death; or 

(vi) hostage or siege situations; or 

(vii) discharge of firearms; or 

(viii) vehicle accidents involving injury and/or substantial property 
damage; or 

(ix) acts of self-harm by persons in the care of others; or 

(x) industrial accidents involving serious injury or fatality; or 

(xi) accounts of sexual violence; or 

(xii) accounts of child abuse and domestic violence; or 

(xiii) any other serious accidents or incidents. 

75 Industrial Relations/Work Health and Safety Training 

 In order to encourage co-operative workplace relations and facilitate the operation 
of this Agreement, Employees who have been nominated by the CPSU and have 
been accepted by a training provider to attend a designated trade union training 
course may be granted up to five days leave on full pay in any one calendar year, so 
long as the granting of such leave does not unduly affect the operations of the 
Library. 

 The Employee may be granted the leave specified in clause 75.1 where the Library 
is satisfied that the course of training is likely to contribute to a better understanding 
of industrial relations, work health and safety, safe work practices, knowledge of 
award and other industrial entitlements and the upgrading of Employee skills in all 
aspects of trade union functions. 

 An Employee may be granted paid leave under this clause in excess of five days 
and up to ten days in any one calendar year subject to the total leave taken in that 
calendar year and in the subsequent calendar year not exceeding ten days. 

75.1 

75.2 

75.3 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  96 

Unofficial 

 An Employee, upon election as a health and safety representative, shall be granted 
up to five days’ paid leave, as soon as practicable after election, to undertake an 
appropriate introductory health and safety representative’s course from a training 
organisation of their choice that is approved by the Victorian WorkCover Authority, 
having regard to course places and the Library’s operations. The Library shall meet 
any reasonable costs incurred. Leave under this clause 75.4 must only be granted 
to an Employee on one occasion and is additional to any other leave granted under 
this clause. 

 Additional paid leave may be approved for health and safety representatives to 
attend training approved by the Victorian WorkCover Authority under the 
Occupational Health and Safety Act 2004 (Vic), which is relevant to the functions of 
the DWG. 

76 Facilities, Equipment and Accommodation - General 

 The Library shall provide Employees with all such instruments, equipment, tools, 
stationery and furniture as may be reasonably necessary for carrying out their work 
except as otherwise agreed between the Parties to this Agreement. 

 The Library shall provide, in readily accessible locations, first aid equipment 
adequate for the nature of the Employee’s duties. 

77 Agreement Compliance and Union Related Matters 

 Partnership between the Library and the Union 

(a) Both Parties are committed to cooperative industrial relations, which 
support the primacy of collective negotiations based on a quality Library 
service. Constructive dialogue underpins this relationship. In support of this 
they will work together to foster a harmonious and professional working 
relationship which follows the industrial relations principles of: 

(i) Cooperative and consultative relationships between 
management, Employees and the CPSU;  

(ii) Management, Employee and CPSU relationships to be based on 
mutual respect, trust and preparedness to consider alternative 
viewpoints;  

(iii) Collective negotiations between management and Employees, 
involving a joint problem solving approach focusing on long term 
gains for all parties; 

(iv) Working within a progressive industrial relations culture to 
achieve a high performance public sector agency with an 
effective workplace partnership; 

(v) Acknowledgement of the appropriate role for union workplace 
representatives by formally noting this within their individual work 
plans, with consideration for the demands that may be made on 
these Employees from time to time. 

(b) An Accredited Representative of the CPSU shall be released by the Library 
from normal duties for such periods of time as may be reasonably 

75.4 

75.5 

76.1 

76.2 

77.1 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  97 

Unofficial 

necessary to enable them to carry out their representative functions. Such 
release must not unduly affect the operations of the Library. 

(c) As part of this the Library will include a current listing of CPSU delegates 
and their contact details within its Corporate Induction kit.  

(d) Employees will be allowed reasonable access to electronic communication 
devices and notice boards to facilitate communication and the circulation 
of materials between Employees and/or the CPSU, provided that such 
communication is not offensive or improper. 

 Paid Employee/Union Meetings  

In the spirit of a cooperative, partnership approach to employer/ employee relations 
as outlined elsewhere in this agreement, the Library will allow for in certain 
circumstances, paid Union meetings to consider key issues which are likely to have 
an effect on Employees. In such cases, if the CPSU wishes to call such a meeting, 
it will put forward a request and discuss the issue with management in a reasonable 
timeframe beforehand. At all times, the operational needs of the Library, as far as its 
continuing ability to provide a service to the public, will be a prime consideration. 

 Protection 

(a) An Employee shall not be dismissed or injured in their employment or have 
their employment altered to their prejudice, or be threatened with 
prejudicial or injurious treatment or with dismissal by reason of their status 
as an Accredited Representative of the CPSU, engagement in lawful 
activities as an authorised representative of the CPSU or on the basis of 
their membership of the CPSU or participation in lawful Union activities, 
provided that where any such activities are undertaken during working 
hours, the Employee’s release has been approved. Approval will not be 
unreasonably withheld. 

(b) The Library shall not injure a person in their employment, or alter the terms 
or conditions of employment of a person to their prejudice on the basis of 
their membership of or participation in the lawful activities of the CPSU, 
provided that where any such activities are undertaken during working 
hours, the Employee’s release has been approved. Approval will not be 
unreasonably withheld. 

 Employee Representation on CPSU SPSF Victorian Branch Council 

(a) The CPSU will notify the Library which of the Employees are CPSU SPSF 
Victorian Branch Council members, and will notify the Library as soon as 
practicable in the event that an Employee ceases to be a CPSU SPSF 
Victorian Branch Council member. 

(b) Employees who are CPSU SPSF Victorian Branch Council members 
nominated by the Branch Secretary of the CPSU will be entitled to a half 
day per month to attend Branch Council meetings. Time release will 
include reasonable time to travel to the meetings. 

(c) Additional paid leave will be granted to Employees who are CPSU SPSF 
Victorian Branch Council members nominated by the Branch Secretary to 
attend: 

(i) Federal Executive and Federal Council meetings of the CPSU; 
and 

77.2 

77.3 

77.4 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  98 

Unofficial 

(ii) the Australian Council of Trade Unions’ triennial conference. 

(d) On application, the Library may grant leave without pay to an Employee for 
the purposes of secondment to work for the CPSU. 

78 Right of Entry 

 For the purposes of ensuring compliance with this Agreement and the FW Act, an 
official of the CPSU who has been issued with an entry permit by the FWC pursuant 
to section 512 of the FW Act will be permitted access to the workplace provided they 
comply with the provisions set out in Part 3-4 of the FW Act. 

 A permit holder may only enter the workplace for the purposes permitted by and in 
compliance with the provisions of Part 3-4 of the FW Act. 

 Subject to clauses 78.1 and 78.2 a permit holder may enter the premises and shall 
adhere to the principles that they must not intentionally hinder or obstruct any person, 
or otherwise act in an improper manner. 

 

 
  

78.1 

78.2 

78.3 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  99 

Unofficial 

Schedule A – Grandfathered Employees – Library Officers 

Clause 16  
201293 

181893 

131055 

201469 

154152 

201724 

153482 

200060 

201816 

200129 

201937 

200681 

127627 

200499 

201856 

201505 

201853 

201889 

176415 

201003 

200611 

201605 

201602 

201281 

200588 

201198 

201181 

201050 

201888 

201180 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  100 

Unofficial 

Schedule B – Redeployment  

Clause 26 

Redeployment of ongoing Employees identified as surplus to the requirements of the Library will be 
based on the principles below. Fixed term and casual Employees by the nature of their contract of 
employment do not have access to these redeployment, redundancy and retrenchment provisions. 

1 The redeployment of surplus Employees will occur wherever practical and will be consistent 
with the application of merit. 

2 Redeployment period 

(a) The redeployment period will typically continue for a period of 3 months although this 
may be reduced after consultation with the Employee where all training and 
redeployment strategies have been exhausted. 

(b) Redeployment arrangements will be reviewed at the end of the initial 3 month period.  
If management is confident that a successful placement can be achieved the 
redeployment period may continue with 3 monthly reviews. 

3 A skills and training needs assessment will be conducted and attempts will be made to 
redeploy the Employee into a position at a comparable classification and salary within the 
Library. 

4 Surplus Employees have priority to be placed in vacancies that occur within the Library where 
the role requires comparable skills and is at a comparable VPS classification and salary. 

5 Where a non-comparable vacancy exists for which a redeployee is suitable and is the only 
candidate or the best candidate amongst redeployees, the position will be offered to the 
suitably qualified Employee (which may be at the same or different level or status or the same 
or different general location as the Employee’s previous position). 

6 Where a placement at a comparable level is not possible, the Employee may be placed in a 
position at a lower classification with salary maintenance for a period of six months.  

7 Appropriate career transition support will be provided which may include counselling, provision 
of job search skills and retraining to assist in achieving placements. 

8 Where a suitable placement is unable to be provided for the Employee, the Library may 
terminate the Employee’s employment and the Employee will be entitled to receive 
redundancy and retrenchment payments in line with the Victorian Governments Redundancy, 
Redeployment and retrenchment policy at the time. This policy does not form part of this 
Agreement. 

9 Retrenchment and payment of a redundancy package to be used as an action of last resort 
where redeployment within the redeployment period of three months does not appear likely. 

  








 
 State Library Victoria Enterprise Partnership Agreement 2020 

80442619.2  101 

Unofficial 

Schedule C – Salary Schedule 

 

Effective 20 March 2020 

VP
S 

O
ffi

ce
r 

Grade Value 
Range 

Salary Ranges Progression amounts 

Min. Max. 

1 1.1 $48,623 $51,616 

1.1.1 $48,623 

1.1.2 $49,619 

1.1.3 $50,617 

1.1.4 $51,616 

2 

2.1 $53,280 $60,851 

2.1.1 $53,280 

2.1.2 $54,362 

2.1.3 $55,443 

2.1.4 $56,527 

2.1.5 $57,605 

2.1.6 $58,689 

2.1.7 $59,770 

2.1.8 $60,851 

2.2 $61,931 $68,421 

2.2.1 $61,931 

2.2.2 $63,013 

2.2.3 $64,094 

2.2.4 $65,177 

2.2.5 $66,256 

2.2.6 $67,340 

2.2.7 $68,421 

3 
3.1 $69,917 $77,407 

3.1.1 $69,917 

3.1.2 $71,416 

3.1.3 $72,915 

3.1.4 $74,412 

3.1.5 $75,907 

3.1.6 $77,407 

3.2 $78,903 $84,895 3.2.1 $78,903 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

80442619.2  102 

Unofficial 

3.2.2 $80,403 

3.2.3 $81,900 

3.2.4 $83,395 

3.2.5 $84,895 

4 4.1 $86,558 $98,210 

4.1.1 $86,558 

4.1.2 $88,502 

4.1.3 $90,443 

4.1.4 $92,381 

4.1.5 $94,327 

4.1.6 $96,268 

4.1.7 $98,210 

Se
ni

or
 O

ffi
ce

r 

5 
5.1 $99,872 $110,355  

$2,994 
5.2 $110,357 $120,838 

6 6.1 $122,502 $143,219  
$3,780 

6.2 $143,220 $163,934 

Se
ni

or
 

Te
ch

ni
ca

l 
Sp

ec
ia

lis
t 7 7.1 $166,390 $186,355  

$6,209 7.2 $186,359 $206,325 

7.3 $206,325 $226,292 

 
  








 
 State Library Victoria Enterprise Partnership Agreement 2020 

80442619.2  103 

Unofficial 

Effective 1 December 2020 
VP

S 
O

ffi
ce

r 

Grade Value 
Range 

Salary Ranges Progression amounts 

Min. Max. 

1 1.1 $49,231 $52,261 

1.1.1 $49,231 

1.1.2 $50,239 

1.1.3 $51,250 

1.1.4 $52,261 

2 

2.1 $53,946 $61,612 

2.1.1 $53,946 

2.1.2 $55,042 

2.1.3 $56,136 

2.1.4 $57,234 

2.1.5 $58,325 

2.1.6 $59,423 

2.1.7 $60,517 

2.1.8 $61,612 

2.2 $62,705 $69,276 

2.2.1 $62,705 

2.2.2 $63,801 

2.2.3 $64,895 

2.2.4 $65,992 

2.2.5 $67,084 

2.2.6 $68,182 

2.2.7 $69,276 

3 

3.1 $70,791 $78,375 

3.1.1 $70,791 

3.1.2 $72,309 

3.1.3 $73,826 

3.1.4 $75,342 

3.1.5 $76,856 

3.1.6 $78,375 

3.2 $79,889 $85,956 

3.2.1 $79,889 

3.2.2 $81,408 

3.2.3 $82,924 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

80442619.2  104 

Unofficial 

3.2.4 $84,437 

3.2.5 $85,956 

4 4.1 $87,640 $99,438 

4.1.1 $87,640 

4.1.2 $89,608 

4.1.3 $91,574 

4.1.4 $93,536 

4.1.5 $95,506 

4.1.6 $97,471 

4.1.7 $99,438 

Se
ni

or
 O

ffi
ce

r 

5 
5.1 $101,120 $111,734  

$3,031 
5.2 $111,736 $122,348 

6 6.1 $124,033 $145,009  
$3,827 

6.2 $145,010 $165,983 

Se
ni

or
 

Te
ch

ni
ca

l 
Sp

ec
ia

lis
t 

7 

7.1 $168,470 $188,684  

$6,287 7.2 $188,688 $208,904 

7.3 $208,904 $229,121 

 
  








 
 State Library Victoria Enterprise Partnership Agreement 2020 

80442619.2  105 

Unofficial 

Effective 1 September 2021 
VP

S 
O

ffi
ce

r 

Grade Value 
Range 

Salary Ranges Progression amounts 

Min. Max. 

1 1.1 $49,231 $53,045 

1.1.1 $49,969 

1.1.2 $50,993 

1.1.3 $52,019 

1.1.4 $53,045 

2 

2.1 $54,755 $62,536 

2.1.1 $54,755 

2.1.2 $55,868 

2.1.3 $56,978 

2.1.4 $58,093 

2.1.5 $59,200 

2.1.6 $60,314 

2.1.7 $61,425 

2.1.8 $62,536 

2.2 $63,646 $70,315 

2.2.1 $63,646 

2.2.2 $64,758 

2.2.3 $65,868 

2.2.4 $66,982 

2.2.5 $68,090 

2.2.6 $69,205 

2.2.7 $70,315 

3 

3.1 $71,853 $79,551 

3.1.1 $71,853 

3.1.2 $73,394 

3.1.3 $74,933 

3.1.4 $76,472 

3.1.5 $78,009 

3.1.6 $79,551 

3.2 $81,087 $87,245 

3.2.1 $81,087 

3.2.2 $82,629 

3.2.3 $84,168 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

80442619.2  106 

Unofficial 

3.2.4 $85,704 

3.2.5 $87,245 

4 4.1 $88,955 $100,930 

4.1.1 $88,955 

4.1.2 $90,952 

4.1.3 $92,948 

4.1.4 $94,939 

4.1.5 $96,939 

4.1.6 $98,933 

4.1.7 $100,930 

Se
ni

or
 O

ffi
ce

r 

5 
5.1 $102,637 $113,410  

$3,076 
5.2 $113,412 $124,183 

6 6.1 $125,893 $147,184  
$3,884 

6.2 $147,185 $168,473 

Se
ni

or
 

Te
ch

ni
ca

l 
Sp

ec
ia

lis
t 

7 

7.1 $170,997 $191,514  

$6,381 7.2 $191,518 $212,038 

7.3 $212,038 $232,558 

 
  








 
 State Library Victoria Enterprise Partnership Agreement 2020 

80442619.2  107 

Unofficial 

Effective 1 June 2022 
VP

S 
O

ffi
ce

r 

Grade Value 
Range 

Salary Ranges Progression amounts 

Min. Max. 

1 1.1 $50,594 $53,708 

1.1.1 $50,594 

1.1.2 $51,630 

1.1.3 $52,669 

1.1.4 $53,708 

2 

2.1 $55,439 $63,318 

2.1.1 $55,439 

2.1.2 $56,566 

2.1.3 $57,690 

2.1.4 $58,819 

2.1.5 $59,940 

2.1.6 $61,068 

2.1.7 $62,193 

2.1.8 $63,318 

2.2 $64,442 $71,194 

2.2.1 $64,442 

2.2.2 $65,567 

2.2.3 $66,691 

2.2.4 $67,819 

2.2.5 $68,941 

2.2.6 $70,070 

2.2.7 $71,194 

3 

3.1 $72,751 $80,545 

3.1.1 $72,751 

3.1.2 $74,311 

3.1.3 $75,870 

3.1.4 $77,428 

3.1.5 $78,984 

3.1.6 $80,545 

3.2 $82,101 $88,336 

3.2.1 $82,101 

3.2.2 $83,662 

3.2.3 $85,220 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

80442619.2  108 

Unofficial 

3.2.4 $86,775 

3.2.5 $88,336 

4 4.1 $90,067 $102,192 

4.1.1 $90,067 

4.1.2 $92,089 

4.1.3 $94,110 

4.1.4 $96,126 

4.1.5 $98,151 

4.1.6 $100,170 

4.1.7 $102,192 

Se
ni

or
 O

ffi
ce

r 

5 
5.1 $103,920 $114,828  

$3,114 
5.2 $114,830 $125,735 

6 6.1 $127,467 $149,024  
$3,933 

6.2 $149,025 $170,579 

Se
ni

or
 

Te
ch

ni
ca

l 
Sp

ec
ia

lis
t 

7 

7.1 $173,134 $193,908  

$6,461 7.2 $193,912 $214,688 

7.3 $214,688 $235,465 

 
  








 
 State Library Victoria Enterprise Partnership Agreement 2020 

80442619.2  109 

Unofficial 

Effective 1 March 2023 
VP

S 
O

ffi
ce

r 

Grade Value 
Range 

Salary Ranges Progression amounts 

Min. Max. 

1 1.1 $51,353 $54,514 

1.1.1 $51,353 

1.1.2 $52,404 

1.1.3 $53,459 

1.1.4 $54,514 

2 

2.1 $56,271 $64,268 

2.1.1 $56,271 

2.1.2 $57,414 

2.1.3 $58,555 

2.1.4 $59,701 

2.1.5 $60,839 

2.1.6 $61,984 

2.1.7 $63,126 

2.1.8 $64,268 

2.2 $65,409 $72,262 

2.2.1 $65,409 

2.2.2 $66,551 

2.2.3 $67,691 

2.2.4 $68,836 

2.2.5 $69,975 

2.2.6 $71,121 

2.2.7 $72,262 

3 

3.1 $73,842 $81,753 

3.1.1 $73,842 

3.1.2 $75,426 

3.1.3 $77,008 

3.1.4 $78,589 

3.1.5 $80,169 

3.1.6 $81,753 

3.2 $83,333 $89,661 

3.2.1 $83,333 

3.2.2 $84,917 

3.2.3 $86,498 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

80442619.2  110 

Unofficial 

3.2.4 $88,077 

3.2.5 $89,661 

4 4.1 $91,418 $103,725 

4.1.1 $91,418 

4.1.2 $93,470 

4.1.3 $95,522 

4.1.4 $97,568 

4.1.5 $99,623 

4.1.6 $101,673 

4.1.7 $103,725 

Se
ni

or
 O

ffi
ce

r 

5 
5.1 $105,479 $116,550  

$3,161 
5.2 $116,552 $127,621 

6 6.1 $129,379 $151,259  
$3,992 

6.2 $151,260 $173,138 

Se
ni

or
 

Te
ch

ni
ca

l 
Sp

ec
ia

lis
t 

7 

7.1 $175,731 $196,817  

$6,558 7.2 $196,821 $217,908 

7.3 $217,908 $238,997 

 
  








 
 State Library Victoria Enterprise Partnership Agreement 2020 

80442619.2  111 

Unofficial 

Effective 1 December 2023 
VP

S 
O

ffi
ce

r 

Grade Value 
Range 

Salary Ranges Progression amounts 

Min. Max. 

1 1.1 $51,867 $55,059 

1.1.1 $51,867 

1.1.2 $52,928 

1.1.3 $53,994 

1.1.4 $55,059 

2 

2.1 $56,834 $64,911 

2.1.1 $56,834 

2.1.2 $57,988 

2.1.3 $59,141 

2.1.4 $60,298 

2.1.5 $61,447 

2.1.6 $62,604 

2.1.7 $63,757 

2.1.8 $64,911 

2.2 $66,063 $72,985 

2.2.1 $66,063 

2.2.2 $67,217 

2.2.3 $68,368 

2.2.4 $69,524 

2.2.5 $70,675 

2.2.6 $71,832 

2.2.7 $72,985 

3 

3.1 $74,580 $82,571 

3.1.1 $74,580 

3.1.2 $76,180 

3.1.3 $77,778 

3.1.4 $79,375 

3.1.5 $80,971 

3.1.6 $82,571 

3.2 $84,166 $90,558 

3.2.1 $84,166 

3.2.2 $85,766 

3.2.3 $87,363 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

80442619.2  112 

Unofficial 

3.2.4 $88,958 

3.2.5 $90,558 

4 4.1 $92,332 $104,762 

4.1.1 $92,332 

4.1.2 $94,405 

4.1.3 $96,477 

4.1.4 $98,544 

4.1.5 $100,619 

4.1.6 $102,690 

4.1.7 $104,762 

Se
ni

or
 O

ffi
ce

r 

5 
5.1 $106,534 $117,716  

$3,193 
5.2 $117,718 $128,897 

6 6.1 $130,673 $152,772  
$4,032 

6.2 $152,773 $174,869 

Se
ni

or
 

Te
ch

ni
ca

l 
Sp

ec
ia

lis
t 

7 

7.1 $177,488 $198,785  

$6,624 7.2 $198,789 $220,087 

7.3 $220,087 $241,387 

 

 

 

 
  








 
 State Library Victoria Enterprise Partnership Agreement 2020 

80442619.2  113 

Unofficial 

Schedule D – Occupational Specific Structure for Librarians, Conservators, Library 
Technicians and Library Assistants 

 

Grade 1  

1.1.1 Entry point for a person with no prior library or other 
relevant skills, experience and qualifications. 

1.1.2 Entry point for person with some relevant work 
experience. Any new employees that start at the base 
of Grade 1 will move to this progression point after they 
have 12 months experience at the library subject to 
completion of a competency based assessment, which 
may include meeting performance standards and 
progression criteria. 

1.1.3  

1.1.4 Employees who reach this progression point will have 
the opportunity to progress to Grade 2.1 subject to 
satisfactory performance, the completion of a 
competency based assessment and, the enhancement 
of their work requirements to reflect the work value 
embraced at this higher level. 

Library Officer Grade 2.1  

2.1.2  

2.1.3  

2.1.4  

2.1.5  

2.1.6  

2.1.7  

2.1.8 Employees who reach this progression point will move 
to Grade 2.2 if promoted/reclassified to a Senior 
Collection Access Officer. 

Library Officer Grade 2.2  

2.2.2  

2.2.3  

2.2.4  

2.2.5  

2.2.6  

2.2.7  








 
 State Library Victoria Enterprise Partnership Agreement 2020 

80442619.2  114 

Unofficial 

Library Technician Grade 2.1 Entry point for employees with no experience, who have 
completed a diploma in library and information science, 
or equivalent, conferring eligibility for technician 
membership of the Australian Library & Information 
Association. Relevant skills, knowledge and experience 
shall be taken into consideration when determining the 
salary point on commencement. 

2.1.2  

2.1.3  

2.1.4  

2.1.5  

2.1.6  

2.1.7  

2.1.8 Employees who reach this progression point will move 
to Grade 2.2 by extension of their roles as part of the 
normal progression cycle. 

Library Officer Technician Grade 2.2  

2.2.2  

2.2.3  

2.2.4  

2.2.5  

2.2.6  

2.2.7  

Library Technician Grade 3.1 Entry point for advanced library technician positions on 
promotion/reclassification and subject to demonstrated 
knowledge, skills, experience and competency. 

3.1.2  

3.1.3  

3.1.4  

3.1.5  

3.1.6  

Librarian/Conservator Grade 2.2 Entry point for new graduates with Library/Conservator 
qualifications and no experience. Library Graduates will 
have completed a degree or post graduate level library 
information studies qualification, or equivalent, 
conferring eligibility for associate membership of the 
Australian Library and Information Association. 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

80442619.2  115 

Unofficial 

2.2.2  

2.2.3  

2.2.4 New graduates will be able to progress to this 
progression point after the probationary period and 
upon completing a competency based assessment. 

2.2.5  

2.2.6  

2.2.7  

Librarian/Conservator Grade 3.1 New graduates will progress to Grade 3.1 after three 
years' experience together with appropriate knowledge, 
skills and satisfactory performance standards. This 
point will be the entry level for experienced librarians 
who have completed a degree or post graduate level 
library and information studies qualification, or 
equivalent, conferring eligibility for associate 
membership of the Australian Library & Information 
Association. Relevant skills, knowledge and experience 
shall be taken into consideration when determining the 
salary point on commencement. 

3.1.2  

3.1.3  

3.1.4  

3.1.5  

3.1.6 Employees at this progression point will be able to move 
to Grade 3.2 by having their roles extended as part of 
the normal performance and progression cycle. 

Librarian/Conservator Grade 3.2  

3.2.2  

3.2.3  

3.2.4  

3.2.5  

Senior Librarian/Conservator Grade 4 Entry point for employees promoted to this level. For 
example, team leaders or nominated senior positions. 

4.1.2  

4.1.3  

4.1.4  

4.1.5  








 
 State Library Victoria Enterprise Partnership Agreement 2020 

80442619.2  116 

Unofficial 

4.1.6  

4.1.7  

Principal Librarian Entry point for employees promoted to this level. 

5.1  

5.2  

Principles Governing the Occupational Specific Structure. 

 Library Officer Grade 2.1 to Library Officer Grade 2.2 is a hard barrier. Library Technician Grade 
2.1 to Library Technician Grade 2.2 is a soft barrier. Library Technician Grade 2.2 to Library 
Technician Grade 3.1 is a hard barrier. Librarian/Conservator Grade 2.2 to Librarian/Conservator 
Grade 3.1 is a soft barrier. Librarian/Conservator Grade 3.1 to Librarian/Conservator Grade 3.2 
is a soft barrier. Librarian/Conservator Grade 3.2 to Senior Librarian/Conservator Grade 4 is a 
hard barrier. Senior Librarian to Principal Librarian is a hard barrier. 

 Employees in the Grade 5 and Grade 6 categories will not be considered in this structure as they 
are senior librarians and management roles. 

 Librarians and Conservators employed as new graduates will start at the base of Grade 2, Value 
Range 2 and will progress to Grade 2, Value Range 4at the expiration of the probationary period. 
This increase will be effective from the expiry date of the probationary period. 

 There may be isolated instances where Library Officers are employed above the base grade 
subject to the successful completion of a competency based assessment in respect of Grade 2.1 
work. A Library Technician with considerable experience may be appointed at the Grade 2.2 level, 
subject to the requirement to perform work at this value range. 

 








 
  

79597182.4  117 

Unofficial 

Schedule E – Classification Descriptors – VPS Non-Executive Career Structure Classification Grade and Value Range Standard 
Descriptors 

 

Table 1.1: VPS Grade Descriptors and Value Range Standard Descriptors – Grades 1 to 4 

 Grade 1 Grade 2 Grade 3 Grade 4 

Value Range  VR1 VR2 VR1 VR2  

Decision Making 1.1A 2.1A 2.2A 3.1A 3.2A 4.1A 

Accountability and 
Frameworks 

Undertakes specific 
and defined tasks 
within established 
rules under close 
supervision, defined 
as: 

• clear and 
detailed 
instructions 
are provided; 
tasks are 
covered by 
standard 
procedures; 

• deviation from 
procedures or 
unfamiliar 
situations are 
referred to 
higher levels; 
and 

Applies rules, 
processes and 
standards under 
general supervision 

Plans and prioritises 
own work program to 
achieve defined 
targets 

Changes own work 
program, which may 
impact on the 
operations of the work 
area 

Selects from a range 
of accepted options 
established by rules, 
processes, and 
standards 

Makes decisions that 
may have significant 
impact on clients 

Team leadership may 
be exercised where 
appropriate to the role 

Exercises 
professional 
judgement about the 
application of rules, or 
the selection of 
choices within 
guidelines 

Resolves local 
operational service 
delivery problems 
within guidelines 

Reviews decisions, 
assessments and 
recommendations 
from less experienced 
team members 

Determines the work 
organisation of the 
work area 

Sets local precedents 
regarding the 
application of 
guidelines 

Provides guidance for 
others in the work 
area and/ or related 
areas 

Develops guidelines 
within the work area 

Resolves operational 
service delivery 
problems consistent 
with program 
objectives 

Interprets and applies 
business plans and 
policies to own area 
of responsibility 
Advice and analysis 
contributes to policy 
formulation 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  118 

Unofficial 

Table 1.1: VPS Grade Descriptors and Value Range Standard Descriptors – Grades 1 to 4 

 Grade 1 Grade 2 Grade 3 Grade 4 

Value Range  VR1 VR2 VR1 VR2  

• work is 
regularly 
checked 

Influences own daily 
work priorities and 
schedules under 
direction of supervisor 

Analysis and advice 
contributes to 
decision making by 
others 

Manages budget and 
resources for the work 
area 

Innovation and 
Originality 

The focus is on 
maintaining existing 
systems and 
processes 

Identifies 
opportunities to 
improve own 
efficiency and 
suggests these to 
supervisor 

Judgement is required 
to solve problems 
arising in own work 
program 

Takes initiative to 
recommend improved 
processes in 
immediate work area 

Creatively deals with 
problems within the 
work area 

Initiates 
improvements to 
procedures within the 
work area 

Assesses and 
responds to policy 
and process changes 
in the work area 

Identifies and applies 
developments within 
professional field to 
problem solving within 
the work area 

Innovative thinking is 
an inherent feature of 
the job 

Defines the 
appropriate 
methodology in the 
analysis of policy or 
research options 

Communication 1.1B 2.1B 2.2B 3.1B 3.2B 4.1B 

 Provides and receives 
routine information 

Communication is 
mainly focused on 
routine issues that 
may require an 
understanding of the 
operational context 

Explains rules, 
procedures and 
operational policies to 
individual clients or 
colleagues 

Presents routine 
information to small 
groups and provides 

Conducts formal 
community 
information sessions 
and consultative 
process involving 
small groups or 
participates in a 
similar process in 
larger groups 

May lead a team 
through activities 
including individual 
and team 
performance 
management and 
development 

Plan, lead and 
facilitate consultative 
processes in a range 
of settings involving 
more difficult or 
sensitive issues 

Prepares complex 
operational reports 

Conveys specialist 
concepts and policies 
to clients, staff and 
stakeholders 

Prepares reports, 
briefs and 
correspondence on 
complex issues that 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  119 

Unofficial 

Table 1.1: VPS Grade Descriptors and Value Range Standard Descriptors – Grades 1 to 4 

 Grade 1 Grade 2 Grade 3 Grade 4 

Value Range  VR1 VR2 VR1 VR2  
feedback to 
organisation 

Draft routine internal 
reports and 
correspondence 

Liaises with 
stakeholders, clients 
and external providers 
of goods and services 

Suggests alternative 
approaches to clients 
or stakeholders 

Understands 
procedures for 
effectively dealing 
with people exhibiting 
challenging 
behaviours 

Uses persuasion skills 
in dealing with an 
individual client, 
colleague, service 
provider or the like 

Explains concepts 
and policies to clients, 
stakeholders and staff 

Plans, leads and 
facilitates information 
sessions and 
consultative 
processes in a range 
of settings 

Prepares briefs on 
sensitive issues for 
consideration of 
others 

Draft public 
communication 
documents 

Communicates issues 
and advocates a 
preferred case or 
option to stakeholders 

Communicate 
professional/ technical 
concepts and advice 

Provides 
communication 
guidance to less 
experienced 
colleagues 

requiring in-depth 
factual analysis 

impact at program or 
organisational level 

Develops and 
implements 
operational 
communication and 
consultation 
strategies on specific 
projects 

Applies negotiation 
persuasion and 
motivation skills to 
manage staff and 
stakeholders 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  120 

Unofficial 

Table 1.1: VPS Grade Descriptors and Value Range Standard Descriptors – Grades 1 to 4 

 Grade 1 Grade 2 Grade 3 Grade 4 

Value Range  VR1 VR2 VR1 VR2  

Uses persuasion, 
advocacy, negotiation 
and motivation skills 
with clients, providers, 
staff, peers and 
managers 

Knowledge and 
Proficiency 

1.1C 2.1C 2.2C 3.1C 3.2C 4.1C 

 Focus is on learning, 
developing and 
refining work skills 

Requires knowledge 
of equipment and 
tools to perform 
routine tasks, 
experiments and 
procedures, and 
develops practical 
application of these 
skills 

Requires 
understanding of 
general office work 
routines and 
procedures 

Acquire and apply 
proficiency in 
standard office 

Understands and 
applies theoretical 
principles, under 
supervision, to 
achieve defined 
outcomes 

Develops knowledge 
of established 
techniques and 
organisational 
processes 

Proficient in use of 
software or technical 
equipment 

Knowledge of 
legislation, 
regulations, policies 
and processes 
relevant and specific 
to the role 

Uses theoretical 
knowledge under 
supervision to achieve 
defined outcomes in a 
variety of work 
situations 

Local reference point 
in operational 
processes and 
procedures 

Uses theoretical 
knowledge to achieve 
agreed outcomes in 
moderately complex 
work situations 

Authoritative in 
application of 
processes and policy 
relevant to the work 
unit 

Knowledge of relevant 
legislation, 
regulations, policies 
and processes 

Adapts theoretical 
knowledge based on 
practical experience 
and/or understanding 
of current issues in 
the field 

Applies understanding 
of interrelations hips 
between 

stakeholders and/or 
other work units to 
achieve local 
objectives 

Researches and 
applies advanced 
theoretical knowledge 
in a specialised field 
to operational 
problem solving 

Applies sound 
theoretical and 
practical expertise in 
development of policy 
options 

Authoritative in 
application of 
processes 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  121 

Unofficial 

Table 1.1: VPS Grade Descriptors and Value Range Standard Descriptors – Grades 1 to 4 

 Grade 1 Grade 2 Grade 3 Grade 4 

Value Range  VR1 VR2 VR1 VR2  
equipment and 
computer applications 

Policy and Projects 1.1D 2.1D 2.2D 3.1D 3.2D 4.1D 

 Provides 
administrative support 
to policy and projects, 
consistent with the 
support elements 
described in 1.1B 

Drafts minutes and 
action plans for 
consideration by 
others 

Collects data, 
undertakes basic 
analysis and prepares 
simple reports 

Undertakes research 
specified by others, 
including data 
analysis 

Administers routine 
projects under 
direction or 
coordinates project 
steps 

Contributes to 
operational service 
delivery policy 
development 

Researches issues 
and prepares draft 
reports and briefings 
within a project plan 
or policy framework 
set by others 

Conducts projects of 
defined scope under 
direction 

Obtains, summarises 
and reports on 
stakeholder views 

Plans and conducts 
several narrowly 
scoped projects 
simultaneously 

Conducts aspects of 
more complex 
projects under 
direction 

Contributes to 
planning on large 
projects 

Researches and 
develops 
recommendations in a 
specific field of 
expertise 

Develops and 
implements 
operational policy 
which impacts the 
immediate work area 

Contributes to 
strategic policy 
development within a 
specific field of 
expertise 

Manages projects, 
usually under limited 
direction 

Contributes expertise 
to a team working on 
complex projects 

Prepares project 
scopes and briefs 
within broad 
parameters 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  122 

Unofficial 

Table 1.1: VPS Grade Descriptors and Value Range Standard Descriptors – Grades 1 to 4 

 Grade 1 Grade 2 Grade 3 Grade 4 

Value Range  VR1 VR2 VR1 VR2  

Manages multi-
disciplinary project 
teams 

Administrative and 
Corporate Support 

1.1E 2.1E 2.2E 3.1E 3.2E 4.1E 

 Performs routine 
administrative tasks, 
including general 
telephone, counter 
and front office 
enquiries, mail 
deliveries, assisting 
with stock control, 
supporting 
organisation of 
meetings, receiving 
and initial processing 
of standard 
paperwork 

Provides office 
support through 
activities such as 
using and maintaining 
standard office 
equipment and 
software 

Drafts routine 
correspondence and 
minutes 

Organises routine 
meetings and small 
functions 

Undertakes standard 
processing work such 
as data entry, 
purchasing, payments 
and reports using 
office databases 

Performs telephone 
and counter duties 
consistent with 2.1B 

Responsible for office 
support services and 
systems for a work 
unit 

Documents meeting 
outcomes in more 
complex situations 

Provides support to 
contract 
administration 

Demonstrates 
problem solving in 
processing work 

Create and maintains 
local databases or 
reporting systems 
utilising standard 
software 

Analyse standard 
reports and data to 
identify exceptions 

May lead a corporate 
support team 

Manages team 
performance through 
activities such as 
monitoring and 
reporting 

Maintains corporate 
databases and 
completes analysis 

Monitors and 
administers straight 
forward, local 
contracts and service 
agreements within a 
well-defined service 
delivery framework 

Prepares and 
analyses reports from 
corporate databases 
to support decision 
making in the broader 
work area 

Develops local 
databases or 
reporting systems 

Negotiate straight 
forward, local 
contracts and service 
agreements 

Leads a larger or 
complex corporate 
support work unit 

Provides specialist 
administrative and 
corporate support 
expertise 

Negotiates and 
manages straight 
forward, corporate 
contracts and service 
agreements 

Drafts reports and 
recommendations by 
interpreting and 
analysing data 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  123 

Unofficial 

Table 1.1: VPS Grade Descriptors and Value Range Standard Descriptors – Grades 1 to 4 

 Grade 1 Grade 2 Grade 3 Grade 4 

Value Range  VR1 VR2 VR1 VR2  

Operational Service 
Delivery 

1.1F 2.1F 2.2F 3.1F 3.2F 4.1F 

 Provides routine 
information, such as 
standard information 
and explanations, to 
clients and members 
of the public 

Receives payment for 
routine services such 
as the sale of 
publications and 
individual licence fees 

Performs routine 
service delivery 
functions for clients 
such as, driving, food 
preparation, cleaning, 
gardening, assisting 
qualified trade 
persons and minor 
maintenance 

Operates and 
maintains tools and 
equipment 
appropriate to the 
function and level of 
qualification 

Provides standard 
services under 
general supervision 
and within a defined 
service delivery 
framework 

Delivers information 
services to the 
general public or 
clients, including initial 
advice and referral 

Consistent with the 
development of 
knowledge specified 
at 2.1C, participates 
in routine 
investigations under 
direction and provides 
evidence if required 

Reconciles, banks 
monies and manages 
petty cash 

Assesses client needs 
and implements 
appropriate service 
delivery from a range 
of accepted options 

Identifies where 
limited precedents 
apply and may 
recommend action to 
be taken 

Assists in preparing or 
presenting cases in a 
range of review 
forums, tribunals and 
courts 

Supervises a service 
delivery team 

Assesses client needs 
and delivers a range 
of services in complex 
situations investigates 
and assesses actions 
by individuals or 
organisations against 
legislation, rules, 
regulations and 
service agreements 

Advocates issues 
involving established 
precedents before a 
range of review 
forums, tribunals and 
courts 

Participates in the 
development of 
strategies to 
represent the 
organisation or 
clients, involving 
complex and 
challenging problems 

Reviews client 
assessments and 
associated service 
delivery plans 

Advocates more 
complex cases to 
represent the 
organisation or clients 
before a range of 
review forums, 
tribunals and courts 

Recommends 
strategies to 
represent the agency 
and/or clients 
involving complex and 
challenging problems 

Determines 
operational service 
delivery plans based 
on accepted 
standards 

Recommends 
resource allocation to 
immediate manager in 
order to meet service 
delivery priorities 

Manages operational 
work teams 

Undertakes advanced 
case management, 
which may include 
cross agency 
collaboration 

Undertakes complex 
or technical 
investigations and 
makes 
recommendations for 
action 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  124 

Unofficial 

Table 1.1: VPS Grade Descriptors and Value Range Standard Descriptors – Grades 1 to 4 

 Grade 1 Grade 2 Grade 3 Grade 4 

Value Range  VR1 VR2 VR1 VR2  

Technical/Specialist 1.1G 2.1G 2.2G 3.1G 3.2G 4.1G 

 Assists technicians, 
scientists and 
specialists in tasks 
that are 

straightforward and 
use established 
techniques and work 
practices 

Operates and 
maintains technical or 
scientific equipment 
appropriate to the 
function and level of 
qualification 

This level performs 
routine technical 
support functions 
such as setting up a 
laboratory, cleaning 
equipment, and 
supporting field work 

Conducts routine 
scientific, technical or 
specialist procedures 
and data collection, 
collation and analysis 

Diagnoses and 
corrects faults and 
problems with 
technical equipment 

Contributes to 
scientific or technical 
project planning 

Modifies routine 
scientific, technical or 
specialist procedures 
to a limited 
specification 

Exercises discretion 
in use of equipment 
and actions to 
achieve results within 
specifications 

Conducts small to 
medium scientific, 
technical or specialist 
projects defined by 
others 

Undertakes technical 
data analysis in field 
of expertise 

Conducts field or 
desktop studies as 
part of a team 

Assembles non-
standard technical 
systems or equipment 
to a specification 

Leads a small 
scientific, technical or 
specialist team 

Plan small to medium 
scientific, technical or 
specialist projects 

May control a 
laboratory function or 
field operation where 
a range of related 
technical functions 
are performed 

Prepares complex 
reports requiring 
in-depth factual 
analysis 

Manages a scientific, 
technical or specialist 
team and/or projects 

Independently 
performs professional 
or technical work at 
an advanced level in 
a narrow field of 
expertise or on 
research projects 

Provides professional 
scientific, technical or 
specialist advice 
based on field of 
expertise 

Undertakes technical 
data analysis and 
modelling and 
prepares reports 

 

 

 
 








 
 State Library Victoria Enterprise Partnership Agreement 2020 

79597182.4  125 

Schedule F – Flowchart for consultation on major change to production, program, 
operation, structure or technology that is likely to have a significant effect on 

employees 

Identification of opportunity 

Preliminary evaluation of its feasibility

Decision to proceed with investigation

Feasibility study including 

investigation of options

Input and exchange of 

information and ideas

Decision not to 

proceed with 

opportunity

Implementation program

Evaluation of implementation program

Decision to proceed 

with opportunity

Decision not to 

proceed with 

opportunity

Management  / Project Owner

Evaluation of findings

Active involvement of affected employees

Flow Chart for Communication and Consultation about Significant Change

No further action

required

No further action

required

1 Concept Stage

3 Development Stage

4 Decision  making  Stage

6 Review  Stage

5 Implementation Stage

2 Preliminary  Stage

8 June 2021,  Flow chart on Consultation 

During investigation or feasibility study, active participation of individuals 

and selected representatives of a group of individuals in the working 

party, or a subgroup of a working party will take place.

Working Party presents recommendations / findings to Project Owner/ 

Manager

• Written notification of the decision including a program and timetable for 

Implementation, to affected staff and CPSU providing both with up to 2 

weeks to respond in writing, on the decision.   

• In addition to the written response, the consultative committee provides the 

forum for the CPSU to discuss the decision with SLV during that time period 

• SLV to provide written response within 2 weeks of receiving such comments 
stating reasons for accepting / not accepting any variations suggested.

May result in further separate projects

 

 

Mana m 

Management utilising resources as required 

SLV & CPSU Joint Consultative Comm ntee 

The item will be registered on the agenda for the next CPSU/SLV 
Management meeting 

If any nems of notmcation are not provided in the initial documentation then 
as these become available they will be subject to the same requirements 
as the initial notmcation 

The CPSU will have the right to request to attend a Working Party meeting 
throughout the consultative process. 

The Consultative Comm illee will be able to contribute to any working party 
or project group 

{ 
•-------------------------------------- -------------

Management 








. . .. .. ... ..•.. -- --- - ----------------------

Execution 

SIGNED on behalf and with the authority of 
STATE LIBRARY VICTORIA by: 

Signature of the Authorised Person: 

Name in full: 

Address: 

Postcode: 

Explanation of Authority: 

Position Title: 

Work Site: 

In the presence of this Witness 

Signature of Witness: 

Name in Full: 

Occupation: 

Address: 

On this date: 

~-~ 
=-.:::::::::::_~ 

_Elisabeth Sarah Slade ____ _ 

_328 Swanston Street, Melbourne 

_3000 ________ _ 

_Authorised Officer _____ _ 

_Acting CEO _______ _ 

_State Library Victoria ________ _ 

(Wf'»L££t'J ;Vl~,q BR..o..orJ 
Ac.:rinl C1 d). R£DrO',. ~ fJ 8 r..£R. ~ 
~8' c§l.()qNSTON ~• 

N\~Lfou~E: '1' c. &:,co 

_9 September 2021 _____ _ 


Execution SIGNED on behalf and with the authority of STATE LIBRARY VICTORIA by: Signature of the Authorised Person: O. Sode Name in Full: _Elisabeth Sarah Slade Address: _328 Swanston Street, Melbourne 3000 Post code: Explanation of Authority: _Authorised Officer Position Title: _Acting CEO Work Site: _State Library Victoria Bao In the presence of this Witness Signature of Witness: KATHLEEN MARIA BROWN Name in Full: ACTING DIRECTOR ENABLERS Occupation: Address: 328 SWANSTON ST MELBOURNE VIC 3000 On this date: _9 September 2021




 



 

 

SIGNED by a representative of the EMPLOYEES 
covered by this agreement: 
 
Signature of the Authorised Person: 
 
Name in Full:  
 
Address: 
 
 
Explanation of Authority:  
 
Position Title: 
 
Work Site: 
 
 
 
In the presence of this Witness 
 
Signature of Witness: 
 
Name in Full: 
 
Occupation: 
 
Address: 
 
 
 
On this date: 

 
 
 

 
Wayne Townsend  
 
Level 4/128 Exhibition Street, Melbourne 3000 
 
Authorised Officer  
 
Branch Assistant Secretary, CPSU/SPSF 
Victorian Branch  
 
 
 
 
______________________________ 

 
Donna Shell 
 
Industrial Officer 
 
Level 4/128 exhibition St, Melbourne 3000 
 
 
10.09.2021 


lour

D2h




 



IN THE FAIR WORK COMMISSION 

FWC Matter No: AG2021/7371 

Applicant: 
Library Board of Victoria 

Section 185 - Application for approval of a single enterprise agreement 

Undertaking- Section 190 

I, Kathleen Brown, Acting Director Enablers for the Library Board of Victoria (Library) give 
the following undertaking with respect to the State Library Victoria Enterprise Partnership 
Agreement 2020 (Agreement): 

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

2. This undertaking is provided in response to the issues raised by the Fair Work 
Commission in the application before the Fair Work Commission. 

3. The Library does not and will not roster employees covered by the Agreement to work 
any shifts that finish after midnight and at or before 8:00am. 

athleen Brown 
cting Director Enablers 

Library Board of Victoria 
22 September 2021 

Doc ID: 80471956.1 


IN THE FAIR WORK COMMISSION FWC Matter No: AG2021/7371 Applicant: Library Board of Victoria Section 185 - Application for approval of a single enterprise agreement Undertaking- Section 190 I, Kathleen Brown, Acting Director Enablers for the Library Board of Victoria (Library) give the following undertaking with respect to the State Library Victoria Enterprise Partnership Agreement 2020 (Agreement): . I have the authority given to me by the Library to provide this undertaking in relation to the application before the Fair Work Commission. 2. This undertaking is provided in response to the issues raised by the Fair Work Commission in the application before the Fair Work Commission. 3. The Library does not and will not roster employees covered by the Agreement to work any shifts that finish after midnight and at or before 8:00am. Kathleen Brown Acting Director Enablers Library Board of Victoria 22 September 2021 Doc ID: 80471956.1

Cases cited by this decision: