GRV Employee Enterprise Agreement 2019-2023
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Fair Work Act 2009
s.185—Enterprise agreement
Greyhound Racing Control Board T/A Greyhound Racing Victoria
(AG2020/3952)
GRV EMPLOYEE ENTERPRISE AGREEMENT 2019-2023
State and Territory government administration
COMMISSIONER MCKINNON MELBOURNE, 15 JANUARY 2021
Application for approval of the GRV Employee Enterprise Agreement 2019-2023.
[1] Application has been made by the Greyhound Racing Control Board t/a Greyhound
Racing Victo...
...nd Racing Control Board T/A Greyhound Racing Victoria
(AG2020/3952)
State and Territory government administration
COMMISSIONER MCKINNON MELBOURNE, 15 JANUARY 2021
Application for approval of the GRV Employee Enterprise Agreement 2019-2023.
[1] Application has been made by the Greyhound Racing Control Board t/a Greyhound
Racing Victoria for approval of a single enterprise agreement known as the GRV Employee
Enterprise Agreement 2019...
...
20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 4
OFFICIAL
PART 1 – APPLICATION AND OPERATION
1.1 Title
This Enterprise Agreement will be known as the GRV Employee Enterprise Agreement 2019-2023
(Agreement).
1.2 Parties Covered
The Agreement Covers:
1.2.1 Greyhound Racing Victoria (GRV or the Employer);
1.2.2 The Community and Public Sector Union if it applies to the Fair Work Commission (“FWC...
...ent shall apply, except if the
Agreement provides for a term which is less beneficial than the Award and the NES.
1.8 Definitions
“Act” means the Fair Work Act 2009 (Cth)
“Agreement” means the GRV Employee Enterprise Agreement 2019-2023.
“Award” means the State Government Agencies Award 2020.
“Defining Service” has the meaning given by section 22 of the Act.
...
1 Fair Work Act 2009 s.185—Enterprise agreement Greyhound Racing Control Board T/A Greyhound Racing Victoria (AG2020/3952) GRV EMPLOYEE ENTERPRISE AGREEMENT 2019-2023 State and Territory government administration COMMISSIONER MCKINNON MELBOURNE, 15 JANUARY 2021 Application for approval of the GRV Employee Enterprise Agreement 2019-2023. [1] Application has been made by the Greyhound Racing Control Board t/a Greyhound Racing Victoria for approval of a single enterprise agreement known as the GRV Employee Enterprise Agreement 2019-2023 (the Agreement). [2] 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. [3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2021. The nominal expiry date of the Agreement is 30 June 2023. [4] The Agreement covers the Australian Workers’ Union and the Community and Public Sector Union. COMMISSIONER Printed by authority of the Commonwealth Government Printer AE510103 PR726180 [2021] FWCA 184 DECISION FairWork Commission AUSTRALIA FairWork Commission OF THE FAIR WORK AUSTRALI MMISSION THE SEAL OF THE20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 1 OFFICIAL GRV Employee Enterprise Agreement 2019-2023 GREYHOUND RACING VICTORIA GRV GREYHOUND RACING VICTORIA20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 2 OFFICIAL PART 1 – APPLICATION AND OPERATION .............................................................................................................. 4 1.1 Title ................................................................................................................................................ 4 1.2 Parties Covered ............................................................................................................................ 4 1.5 Date and Period of Operation ....................................................................................................... 4 1.6 No Extra Claims ............................................................................................................................ 4 1.7 Incorporation of the Award and the National Employment Standards .......................................... 4 1.8 Definitions...................................................................................................................................... 4 1.9 Aim of the Agreement ................................................................................................................... 5 1.10 Individual Flexibility Working Arrangements ................................................................................. 5 PART 2 – RESPONSIBILITIES OF GRV .................................................................................................................... 7 2.1 The Role of Greyhound Racing Victoria ....................................................................................... 7 PART 3 – RESPONSIBILITIES OF GREYHOUND RACING VICTORIA EMPLOYEES ........................................................ 8 3.1 What is expected of each Employee ............................................................................................. 8 3.2 Conflict of Interest ......................................................................................................................... 8 PART 4 – WORKING HOURS AND TYPES OF EMPLOYMENT ..................................................................................... 9 4.1 Ordinary Hours of Work and Rostering (General)......................................................................... 9 4.2 Day Work....................................................................................................................................... 9 4.3 Shift Work ...................................................................................................................................... 9 4.4 Breaks ........................................................................................................................................... 9 4.5 Overtime (General) ....................................................................................................................... 9 4.6 Overtime ...................................................................................................................................... 11 4.7 Shift work – Penalty Rates .......................................................................................................... 11 4.8 Shift and overtime rates not cumulative ...................................................................................... 12 4.9 On-call and call-out arrangements. ............................................................................................. 12 4.10 Child Care/Carer’s Costs ............................................................................................................ 13 4.11 Types of Employment and Job Security ..................................................................................... 13 PART 5 – WAGES AND RELATED MATTERS ......................................................................................................... 18 5.1 Salary Levels and Review ........................................................................................................... 18 5.2 Salary Increases ......................................................................................................................... 18 5.2.2 Patience in Bargaining Payment (PIB) ........................................................................................ 19 5.2.3 Salaries Payment and Time and Attendance Records ............................................................... 19 5.2.4 Superannuation ........................................................................................................................... 19 PART 6 – BENEFITS AND FACILITIES ................................................................................................................... 21 6.1 Amenities..................................................................................................................................... 21 6.2 Parking ........................................................................................................................................ 21 6.3 Personal and Professional Development .................................................................................... 21 6.4 First Aid ....................................................................................................................................... 21 6.5 Insurance..................................................................................................................................... 2120201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 3 OFFICIAL PART 7 – LEAVE ................................................................................................................................................ 22 7.1 Personal/Carer’s Leave ............................................................................................................... 22 7.2 Compassionate Leave ................................................................................................................ 23 7.3 Annual Leave .............................................................................................................................. 23 7.4 Public Holidays ............................................................................................................................ 28 7.5 Long Service Leave .................................................................................................................... 29 7.6 Community Service & Blood Donor Leave .................................................................................. 29 7.7 Jury Duty ..................................................................................................................................... 29 7.8 Parental Leave ............................................................................................................................ 30 7.9 Family Violence Leave ................................................................................................................ 38 7.10 Leave Without Pay ...................................................................................................................... 40 7.11 Flexible Time off .......................................................................................................................... 40 7.12 Accident Make-Up Pay ................................................................................................................ 40 7.13 Leave to Attend Rehabilitation Program. .................................................................................... 41 7.14 Study Leave ................................................................................................................................ 42 7.15 Industrial Relations/Occupational Health and Safety Training .................................................... 42 PART 8 – COUNSELLING, DISCIPLINE AND TERMINATION ..................................................................................... 44 8.1 Unsatisfactory Performance & Actions by Employees ................................................................ 44 8.2 Summary Dismissal .................................................................................................................... 45 8.3 Termination of Employment (except Casual Employees) ........................................................... 45 8.4 Redundancy ................................................................................................................................ 46 8.5 Disputes Settling Procedures ...................................................................................................... 46 PART 9 – MISCELLANEOUS ................................................................................................................................ 49 9.1 Employment Records .................................................................................................................. 49 9.2 Right to Request Flexible Working Arrangements. ..................................................................... 49 9.3 Consultation ................................................................................................................................ 50 9.4 Costs of Employment Related Legal Proceedings ..................................................................... 53 9.5 Union Representative Rights and Payroll Deductions ................................................................ 53 9.6 GRV Policies and Procedures..................................................................................................... 54 9.7 Renegotiation of the Agreement ................................................................................................. 54 Signatories to the Agreement ..................................................................................................................... 55 Schedule A – Salaries and Allowances ...................................................................................................... 57 Schedule B – Classification Definitions ...................................................................................................... 5920201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 4 OFFICIAL PART 1 – APPLICATION AND OPERATION 1.1 Title This Enterprise Agreement will be known as the GRV Employee Enterprise Agreement 2019-2023 (Agreement). 1.2 Parties Covered The Agreement Covers: 1.2.1 Greyhound Racing Victoria (GRV or the Employer); 1.2.2 The Community and Public Sector Union if it applies to the Fair Work Commission (“FWC”) to be covered by the Agreement and such application is granted; 1.2.3 The Australian Workers Union if it applies to FWC to be covered by the Agreement and such application is granted; and 1.2.4 Employees employed in the grade levels as set out in Schedule A of this Agreement, excluding GRV employees engaged under the classifications covered by the GRV Stewards and Associated Employees Enterprise Agreement 2016 and Executive Officers on PEER Contracts. 1.3 The Agreement is made under Part 2-4 of the Fair Work Act 2009 (the Act) and details the rights and responsibilities of employees who are covered by this Agreement with GRV. 1.4 The Agreement replaces the GRV Employee Enterprise Agreement 2016. 1.5 Date and Period of Operation 1.5.1 The Agreement will commence operation seven days after the date of issue of the decision of FWC advising that the Agreement has been approved (Commencement Date). 1.5.2 This Agreement has a nominal expiry date of 30th June 2023. 1.6 No Extra Claims 1.6.1 The Employees, the Employer and a Union covered by the Agreement agree that they will not for the period from the date of commencement of the Agreement until 1 January 2023, make claims for the making of an enterprise Agreement under the FW Act, whether in relation to matters dealt with in the Agreement or otherwise. 1.7 Incorporation of the Award and the National Employment Standards The Agreement shall incorporate the terms of the Award and the NES. To the extent that this Agreement provides for matters contained in the Award and the NES, this Agreement shall apply, except if the Agreement provides for a term which is less beneficial than the Award and the NES. 1.8 Definitions “Act” means the Fair Work Act 2009 (Cth) “Agreement” means the GRV Employee Enterprise Agreement 2019-2023. “Award” means the State Government Agencies Award 2020. “Defining Service” has the meaning given by section 22 of the Act.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 5 OFFICIAL “FWC” means the Fair Work Commission. “Chief Executive Officer” means the Chief Executive Officer of Greyhound Racing Victoria, who reports directly to the Board. “Employee” means all staff employed on an ongoing, temporary or casual basis by Greyhound Racing Victoria, subject to the following exclusions: The Chief Executive Officer Executive Officers on PEER contracts; and GRV employees engaged under the classifications and employment types covered by the GRV Stewards and Associated Employees Enterprise Agreement 2016 or any successor enterprise Agreement thereto. “Greyhound Racing Victoria” or “GRV” is the trading name for “The Greyhound Racing Control Board” and is the employer organisation. “Immediate Family” includes a “spouse”, child, parent, grandparent, grandchild or sibling of the Employee or a child, parent, grandparent, grandchild or sibling of a spouse of the Employee or a same sex partner who lives with the Employee as the de facto partner of that Employee on a bona fide domestic basis; spouse” includes a former partner, a de facto partner or a former de facto partner and "child" includes an adopted child, a stepchild, or an adult child. “NES” means the National Employment Standards as provided for by the Act. “PEER contracts” means Public Entity Executive Remuneration contracts. “Registered Practitioner” means one of the following: Aboriginal and Torres Strait Islander health practitioner, Chinese medical practitioner, Chiropractor, Dental care practitioner, Medical practitioner, Nurse Practitioner, Midwife, Optometrist, Osteopath, Pharmacist, Physiotherapist, Podiatrist or Psychologist. “Shift Worker” means an employee who is rostered over any days of the week and who is paid shift and weekend penalty rates in accordance with clause 4.3 of this Agreement. 1.9 Aim of the Agreement 1.9.1 The overall aim of the Agreement is to support the functions of GRV by providing employees with quality employment conditions and to assist GRV in achieving its mission statement and responsibilities. 1.9.2 GRV is an equal opportunity employer in accordance with relevant legislation. 1.10 Individual Flexibility Working Arrangements 1.10.1 An employee and GRV may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of the employee and employer. An individual flexibility arrangement must be genuinely agreed to by the employee and employer. 1.10.2 An individual flexibility arrangement may vary the effect of one or more of the following terms of this enterprise Agreement: (a) clauses 4.1,4.2 and 4.3 - arrangements about when work is performed; (b) clause 4.11.5 – flexible part time employment; (c) clauses 4.5 and 4.6 - overtime rates;20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 6 OFFICIAL (d) clauses 4.9, 5.2.6, and 5. - allowances; and (e) Schedule A – Salaries and Allowances. 1.10.3 An employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 1.10.4 GRV must ensure that any individual flexibility arrangement will result in the employee being better off overall than the employee would have been if no individual flexibility arrangement was agreed to. 1.10.5 GRV must ensure that an individual flexibility arrangement is in writing and signed by the employee and employer. If the employee is under 18, the arrangement must also be signed by a parent or guardian of the employee. 1.10.6 GRV must give a copy of the individual flexibility arrangement to the employee within 14 days after it is agreed to. 1.10.7 GRV must ensure that any individual flexibility arrangement sets out: (a) the terms of this enterprise Agreement that will be varied by the arrangement; (b) how the arrangement will vary the effect of the terms; (c) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (d) the day on which the arrangement commences. 1.10.8 GRV must ensure that any individual flexibility arrangement: (a) is about matters that would be permitted matters under section 172 of the Fair Work Act 2009 if the arrangement were an enterprise Agreement; (b) does not include any term that would be an unlawful term under section 194 of the Fair Work Act 2009 if the arrangement were an enterprise Agreement; and (c) provides for the arrangement to be terminated: (i) by either the employee or employer giving a specified period of written notice, with the specified period being not more than 28 days; and (ii) at any time by written Agreement between the employee and employer. 1.10.9 An individual flexibility arrangement may be expressed to operate for a specified term or while the employee is performing a specified role (such as acting in a specified higher position). Such an arrangement will terminate on expiry of the specified term or when the employee ceases to perform the specified role, unless terminated earlier on notice or by Agreement.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 7 OFFICIAL PART 2 – RESPONSIBILITIES OF GRV 2.1 The Role of Greyhound Racing Victoria 2.1.1 GRV is a statutory body and is established under the Racing Act 1958 as The Greyhound Racing Control Board. 2.1.2 The functions of GRV are: (a) To control the sport of greyhound racing in Victoria; (b) To register greyhounds for greyhound racing or for stud or other purposes and to regulate the breeding, kennelling and verification of lineage of greyhounds for greyhound racing or for stud or other purposes; (c) To carry out research into aspects of greyhound racing to assist in planning future development; (d) To promote the sport of greyhound racing; and (e) To conduct greyhound races. 2.1.3 Mission Statement GRV’s mission and vision statements, as part of its strategic plan, can be viewed on the GRV website.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 8 OFFICIAL PART 3 – RESPONSIBILITIES OF GREYHOUND RACING VICTORIA EMPLOYEES 3.1 What is expected of each Employee Each employee of GRV must fulfil the job requirements as detailed in their job description, as well as adhering to policies that can be accessed on GRV’s intranet site. Employees will also provide standards of customer service in accordance with GRV Values and VPS Code of Conduct. 3.2 Conflict of Interest Employees must not, during the course of employment with GRV, directly or indirectly, in any capacity whatsoever, undertake any activity (including paid or unpaid work) which may either compromise or give rise to a conflict with both an employee’s duties and responsibilities or the business interests of GRV, unless an employee has obtained the prior written consent of GRV.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 9 OFFICIAL PART 4 – WORKING HOURS AND TYPES OF EMPLOYMENT 4.1 Ordinary Hours of Work and Rostering (General) 4.1.1 Employees may be engaged as either day workers or shift workers. No current employees who were employed as day worker as at the date of the commencement of this Agreement shall be engaged as shift workers unless it is by agreement. 4.1.2 Hours of work are organised to meet the needs of GRV, participants of the industry and racing public. 4.1.3 An employee’s starting time may vary depending on the duties of the employee. Actual start times will be organised by the employee’s immediate Supervisor or Manager. 4.1.4 Employees engaged as Lure Drivers and Race day Judges shall be provided their rosters four weeks in advance. 4.2 Day Work 4.2.1 The ordinary hours of work for day workers shall be 38 hours per week to be worked over five (5) days, Monday to Friday, between the spread of 7am to 6.30pm. 4.2.2 Actual start and finish times will be arranged by work rules at GRV. 4.3 Shift Work 4.3.1 The ordinary hours of work for a shift worker must be an average of 38 hours per week over four (4) weeks (a total of 152 hours). 4.3.2 Actual start and finish times will be arranged by work rules at GRV. 4.4 Breaks 4.4.1 An unpaid lunch break of not less than half an hour and not more than one hour is to be taken, and the breaks will be rostered to ensure service standards are maintained (for example, telephones answered and customers at the counter attended to). This break may be varied by Agreement between GRV management and the employee. No employee shall be required to work more than 5 hours continuously without a meal break. 4.4.2 A fifteen-minute paid morning break is provided. Employees can access tea and coffee at any time whilst ensuring that service standards are maintained. 4.4.3 An employee shall be entitled to a minimum break of 10 hours between the time of ceasing work and the time of recommencing work. 4.5 Overtime (General) 4.5.1 Where practicable, all overtime must be authorised by the Employee’s direct Manager prior to such overtime being worked. As a general rule, any additional time worked without the authorisation of the Employee’s direct Manager shall not be regarded as overtime. 4.5.2 Where an employee is required to work outside the ordinary hours of work, the employee will be entitled to payment at overtime rates or time in lieu in accordance with clause 4.5.6 and clause 4.6. All overtime must be recorded on the employee’s time sheet and signed off by their direct Manager or Supervisor. Unless such overtime is recorded on an approved time sheet, it shall not be paid or accrue towards time in lieu.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 10 OFFICIAL 4.5.3 An employee classified as a Grade 6 shall not be entitled to receive payment for overtime worked at overtime rates. 4.5.4 An employee who works overtime shall be entitled to a minimum break of 10 hours between the time of ceasing work and the time of recommencing work. In the event that such a break is not provided, the employee shall be paid overtime at the rate of double time until such a break is provided. 4.5.5 Any rostered time not worked because the employee is taking a 10-hour break shall be paid at ordinary time rates. 4.5.6 Time Off In lieu of Overtime (a) GRV may on application by an employee, grant time off (on an hour for hour basis) in respect of overtime worked by that employee. Such overtime must be clearly recorded on an employee’s time sheet and the time sheet signed off by their direct Supervisor/Manager. An agreement under clause 4.5.6 can also be made by an exchange of emails between the employee and GRV, or by other electronic means. (b) An Agreement must state each of the following: (i) the number of overtime hours to which it applies and when those hours were worked; (ii) that GRV and employee agree that the employee may take time off instead of being paid for the overtime; (iii) that, if an employee requests at any time, GRV must pay the employee, for overtime covered by the Agreement but not taken as time off, at the overtime rate applicable to the overtime when worked; and (iv) that any payment mentioned in clause 4.5.6 (b) (iii) must be made in the next pay period following the request. (c) An employee may accumulate up to 10 days’ time in lieu which must be taken within 12 weeks of the accrual reaching 10 days. Once the accrual has reached 10 days, an employee shall not be able to accumulate further time in lieu and any overtime shall be paid at overtime rates. (d) If an employee classified as a Grade 1 -5 does not take the time in lieu within the 12 week period of the accrual of 10 days’ time in lieu, then all such time in lieu shall be paid out at overtime rates and the accrual shall be reduced to zero. (e) If an employee with a salary in excess of that prescribed for Grade 6 does not take the time in lieu within the 12 week period of the accrual of 10 days’ time in lieu, then all such time in in lieu shall be paid out at time for time rates and the accrual shall be reduced to zero. (f) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate Agreement under this clause. (g) No time off in lieu of overtime will be granted for overtime worked which has been paid.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 11 OFFICIAL 4.5.7 Taxis Home Where the employee works overtime beyond 8pm, they will be entitled to a taxi home if they travelled to work by public transport 4.6 Overtime 4.6.1 Payment for Overtime – employees other than shift workers An employee other than a shift worker will be paid the following overtime rates for overtime worked during the following periods. For overtime worked Overtime rate % of minimum hourly rate Monday to Saturday outside ordinary hours – first two (2) hours 150 Monday to Saturday outside ordinary hours – after two (2) hours 200 Sunday 200 Gazetted Public Holiday or substituted day 250 4.6.2 Employees who work on Saturdays, Sundays or Public Holidays to facilitate Scratchings will be paid a minimum of three hours overtime at the applicable overtime rate. 4.6.3 Payment for Overtime on Weekends and Public Holidays – shift workers. A shift worker will be paid the following overtime rates for overtime worked during the following periods: For overtime worked Overtime rate % of minimum hourly rate Other than Sunday and Public Holidays – first two (2) hours 150 Other than Sunday and Public Holidays – after two (2) hours 200 Sunday 200 Gazetted Public Holiday or substituted day 250 4.7 Shift work – Penalty Rates An employee rostered to work in accordance with a shift roster will be paid the following shift penalty payments in addition to their ordinary rate of pay. 4.7.1 Afternoon shift, being an unbroken period of work finishing after 6.30pm and at or before midnight Monday to Friday. 4.7.2 Night shift, being an unbroken period of work finishing after midnight and at or before 8am Monday to Friday 4.7.3 All time worked by shift workers on Saturday, Sunday and Public Holidays shall be paid at the rates set out in the table below for that particular day.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 12 OFFICIAL Shift Penalty rate % of minimum hourly rate Afternoon or rotating night shift – Monday to Friday 115 Non-rotating night shift – Monday to Friday 130 Saturday (except Public Holidays) 150 Sunday (except Public Holidays) 200 Gazetted Public Holiday or substituted day 250 4.8 Shift and overtime rates not cumulative The loadings and overtime rates are not cumulative. If an Employee is entitled to more than one overtime rate or shift rate , they will be paid the higher rate applicable to the period of time worked. 4.9 On-call and call-out arrangements. 4.9.1 Employees may be required to perform rostered overtime for on-call and call-out purposes and will be paid an on-call allowance as set out in Schedule A. To avoid doubt, an employee who is on-call shall be required to respond to issues as they arise, regardless of the manner in which the matter has been drawn to their attention. This can include but is not limited to a telephone call, email, text message or other form of communication to the employee. 4.9.2 The Employee is required to obtain approval from their Manager/Supervisor prior to physically attending a call-out. Where an Employee physically attends a call-out during an on-call period, GRV and the employee will agree to time off in lieu or the payment of overtime. 4.9.3 Where an Employee physically attends a call-out during an on-call period, they shall be paid a minimum of four (4) hours pay at the applicable overtime rate or time in lieu on a time for time basis. Payment for the call-out will be in addition to the on-call allowance in Schedule A. 4.9.4 To avoid doubt, additional call-outs during the four (4) hours minimum payment under this clause will not attract an additional call-out payment. Subsequent callouts outside of the four (4) hour period above shall be paid a minimum four (4) hours payment at the appropriate rate or time off in lieu. 4.9.5 Where an Employee is required to remotely resolve an issue which does not require the Employee leaving their home, the Employee shall be entitled to the payment of a minimum of one hours’ overtime at the applicable overtime rate or time in lieu in addition to the on-call allowance set out in Schedule A. 4.9.6 If the Employee is required to remotely resolve a further issue/s outside the period of overtime already accrued, then the Employee shall be entitled to a further minimum of one hours’ overtime. 4.9.7 To avoid doubt, if an additional issue is resolved remotely within the time which overtime applies, such work shall not attract an additional payment of overtime.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 13 OFFICIAL 4.10 Child Care/Carer’s Costs Where Employees are required by the Employer to work outside their ordinary hours of work and where less than 24 hours’ notice of the requirement to perform such overtime work has been given by the Employer, the Employee will be reimbursed for reasonable childcare/registered carer’s expenses incurred. Evidence of expenditure incurred by the Employee must be provided to the Employer as soon as possible after the working of such overtime. 4.11 Types of Employment and Job Security 4.11.1 Secure Employment (a) GRV acknowledges the positive impact that secure employment has on employees and the provision of quality services to GRV participants (b) GRV will give preference to ongoing forms of employment over casual and fixed term arrangements wherever possible (c) Where a Union or affected employees identify casual or fixed term employment that is considered not to meet the criteria in clauses 4.11.6 and 4.11.8, the Union or the affected employee shall refer the matter to GRV. If the parties cannot resolve the matter, it will be dealt with under clause 8.5 Disputes Settling Procedures. 4.11.2 Full-Time Employees GRV may employ full-time employees in any classification in this Agreement. Full-time employees may also be required to work reasonable additional hours in accordance with the Act. 4.11.3 Part-Time Employees (a) GRV may employ regular part-time employees in any classification in this Agreement. (b) Part time employees work less than full time hours of 38 hours per week and receive, on a pro rata basis, the equivalent pay and conditions to those of full-time employees who do the same kind of work. Part-time employees will work a regular pattern of hours from week to week. 4.11.4 Regular Part-Time Employees (a) Upon engagement GRV and the regular part-time employee shall agree in writing on a regular pattern of work which will comply with the terms of clause 4.11.4 (b), (c), (d) and (e). (b) 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. (c) Part-time employment is for not less than three consecutive hours in any day worked except: (i) where the Employee works from home by agreement with the Employer; or (ii) in exceptional circumstances. (d) Part-time employment may be worked only by agreement between the Employee and the Employer, where that agreement includes: (i) a roster specifying the days in each fortnight the Employee will work;20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 14 OFFICIAL (ii) a roster specifying the start and finish times on the days which the Employee will work; (iii) a roster specifying the number of hours the Employee will work on each day worked; and (iv) agreed processes for the variation of hours of work. (e) Rostered hours agreed under clause 4.11.4(d) shall be considered the Employee’s ordinary hours and time worked outside the ordinary hours without an agreement with the Employee to vary the hours of work shall be paid at overtime rates. 4.11.5 Flexible Part Time Employees (a) GRV and a part time employee may agree to enter into an individual flexibility agreement which permits the Employee to work in a more flexible manner to the extent that clause 4.11.4 (d) does not apply and roster changes can occur at short notice. (b) In recognition of the flexibility benefits to GRV, the Employee will be paid a 15% part time allowance for all ordinary hours worked up to 38 hours a week and shall be treated as ordinary time earnings for the purposes of annual leave and superannuation purposes. 4.11.6 Casual Employees (a) A casual employee is an employee who is engaged and paid as such. Casual employees will be advised of their hours in most cases 24 hours prior to commencement of work. (b) Employees engaged on a casual basis will receive a loading of 25% on the hourly rate for the classification in which they are employed, as compensation for all paid leave other than long service leave, public holidays not worked and to compensate for the nature of casual work. (c) Payment for work performed by a casual employee will be for not less than four consecutive hours in any day worked except: (i) where the employee works from home by agreement with the employer; or (ii) in exceptional circumstances. (d) Except as expressly provided for, all other provisions of this agreement apply to casual employees. 4.11.7 Right to request casual conversion (a) An employee engaged by the Employer as a regular casual employee may request that their employment be converted to full-time or part-time employment. (b) A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an regular and systematic basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this agreement. (c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 15 OFFICIAL (d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked. (e) Any request under this subclause must be in writing and provided to the employer. (f) Where a regular casual employee seeks to convert to full-time or part-time employment, the employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee. (g) Reasonable grounds for refusal include that: (i) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this award – that is, the casual employee is not truly a regular casual employee as defined in sub-clause 4.11.7(b); (ii) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; (iii) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or (iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work. (h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. (i) Where the employer refuses a regular casual employee’s request to convert, the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute settling procedures in clause 8. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. (j) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause, the employer and employee must discuss and record in writing: (i) the form of employment to which the employee will convert – that is, full-time or part- time employment; and (ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 4.11.7(c). (k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. (l) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of the employer. (m) A casual employee must not be engaged and re-engaged (which includes a refusal to re- engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 16 OFFICIAL (n) Nothing in this clause obliges a regular casual employee to convert to full-time or part-time employment, nor permits an employer to require a regular casual employee to so convert. (o) Nothing in this clause requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment. (p) The employer must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of this subclause within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 12 August 2020. The employer must provide such employees with a copy of the provisions of this subclause within 10 working days of this Agreement commencing operation. (q) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in paragraph (p). (r) GRV and the employee may agree by entering into an individual flexibility agreement (“IFA”) to convert the employment from casual to flexible part time employment as provided for at clauses 4.11.4 (a), (b), (c) and clause 4.11.5 of this Agreement, if requested by the employee. (s) In the event that an IFA is not requested by the employee, the conditions of part time employment will be in accordance with clause 4.11.4 of this Agreement. 4.11.8 Fixed Term Employment (a) GRV shall not use fixed term contract positions for the purposes of undermining the job security or conditions of permanent employees. (b) In accordance with the principle provided for in clause 4.11.7(a), the use of fixed term employment in all areas covered by this Agreement is limited to: (i) replacement of employees proceeding on leave; (ii) meeting fluctuating client and employment meeds and unexpected workloads; (iii) undertaking a specified task which is for a finite period; (iv) filling a vacancy resulting from an employee undertaking a temporary assignment or secondment; (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 an appointment does not exceed a period of 12 months. (c) In other than exceptional or unforeseen circumstances, fixed term appointments to a specific position shall be for a maximum of three years. 4.11.9 Probationary Period All full-time and part-time employees will initially be engaged for a six month period of probationary employment for the purpose of determining the employee’s suitability for ongoing employment. (a) During the probationary period performance will be reviewed by a relevant Supervisor or a Senior Manager and discussed with the employee. (b) During the probationary period either party may terminate the employment by giving one week’s written notice to the other party, or GRV may give payment in lieu of notice. (c) If an employee who is at least 18 years old fails to give the required notice in writing, GRV may withhold from any monies due to the employee upon termination under this Agreement, an amount not exceeding one week’s wages.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 17 OFFICIAL (d) If GRV have agreed to a shorter period of notice than that required under clause 4.11.9(c), then no deduction can be made under clause 8.3.3. (e) Any deduction made under clause 8.3.3 must not be unreasonable in the circumstances. 4.11.10 Contractors and Supplementary Labour (a) The parties are committed to maintaining and improving the job security of permanent employees. (b) The parties recognise that the use of contractors and supplementary labour hire employees to perform the work of the type which could be performed by employees covered by this Agreement, can affect the job security of these employees. (c) In the interests of maintaining and improving job security of employees covered by this Agreement, in the event that GRV engage contractors or labour hire in accordance with this clause, it will require the contractor or labour hire provider to perform work or engage its workers (whether those workers are employees or independent contractors) on terms no less favourable than the terms of this Agreement. (d) No employee covered by this Agreement shall be terminated by reason of redundancy whilst labour hire employees, contractors and/or employees of contractors are performing work which is the same or similar to the work being undertaken by the affected GRV employee/s. This clause does not apply to specialist contractors.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 18 OFFICIAL PART 5 – WAGES AND RELATED MATTERS 5.1 Salary Levels and Review 5.1.1 Salary levels will be determined in accordance with job descriptions, responsibilities and relevant experience with particular regard to: (a) demonstrated ability; (b) demonstrated knowledge; (c) specialist expertise; (d) levels of responsibilities including supervisory duties; (e) market force in relation to similar positions of employment; and (f) annual performance review 5.1.2 Employees will be paid the applicable salary set out in Schedule A for the classifications in which they are engaged. Employee performance reviews by Senior Managers (in conjunction with the CEO), will occur annually. The review will be conducted in accordance with the method agreed upon by both staff and GRV management. As a result of these reviews, an employee may progress to a higher level within the Grade (or in the case of employees who has been graded at the top of the salary band for their classification be paid a performance bonus). Grade 6 level employees will receive an incremental increase in salary or bonus which will be considered by the Senior Manager in conjunction with the Chief Executive Officer. The scope of the bonuses will be set at between 1% to 2.5% of an employee’s salary. 5.1.3 The progression or payment of bonuses is not automatic and is dependent on demonstrated acquisition and utilisation of new and enhanced skills and/or changes in job descriptions and responsibilities. 5.1.4 Advancement to a higher Grade will be based on promotion and the availability of a suitable vacancy. 5.1.5 Where an annual salary is paid, GRV shall advise the employee in writing of the annual salary that is payable and which of the provisions of this Agreement will be satisfied by payment of the annual salary (including the monetary value of such provisions). The annual salary shall be reviewed each financial year to ensure that the terms of this Agreement provided for by the annual salary are met. 5.2 Salary Increases 5.2.1 This Agreement provides for salary increases set out below calculated on the base salary on the following basis. Salaries in Schedule A include these increases: Date of increase - from first full pay period on or after Percentage increase 12 August 2020 2% 20 August 2020 2% 1 July 2021 2% 1 July 2022 2%20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 19 OFFICIAL 5.2.2 Patience in Bargaining Payment (PIB) GRV employees shall be paid a patience in bargaining payment (PIB) of $1000.00 for full-time employees which shall be applied on a pro-rata basis for part-time and casual employees, based on ordinary hours worked in the previous 12 months. The PIB payment shall be made on the first full pay period on or after this Agreement commences operation. 5.2.3 Salaries Payment and Time and Attendance Records Salaries will be paid on a fortnightly basis into a bank account of the employee’s choice. Timesheets are to be completed each day by employees whose salary range is at or below the Grade 5 level 5 classification level as outlined in Schedule A. 5.2.4 Superannuation (a) GRV will contribute the minimum SGC (Superannuation Guarantee Contributions) into a complying superannuation fund on the employee’s behalf in accordance with the Superannuation Guarantee (Administration) Act 1992. All employees shall have the choice of nominating an appropriate complying fund for the receipt of employer and/or personal superannuation contributions. (b) Employees who are subject to a workers’ compensation claim and to whom Workcover payments are being made shall be entitled to employer superannuation contributions for the first 52 weeks being paid Workcover payments. Employer superannuation contributions shall be made in accordance with the Workplace Injury Rehabilitation and Compensation Act 2013. (Vic) (c) In line with the choice of fund legislation, if an employee does not notify GRV about the chosen fund within 28 days of commencing duty, or as varied by legislation from time to time, the SGC contribution shall be forwarded to the First State Super Superannuation Fund which is a My Super approved fund and will act as GRV’s default fund. (d) Copy of the First State Super member’s handbook can be requested from First State Super or the GRV pay office. 5.2.5 Salary Packaging (a) An Employee may enter into a salary packaging arrangement with GRV 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. (b) All costs associated with salary packaging, including the Employer’s reasonable administrative costs, are to be met from the salary of the participating Employee. 5.2.6 Meal Allowance Whilst Working Overtime Employees who work overtime on: (a) Monday to Friday after normal ordinary time for at least 2 hours will receive a meal allowance as per detailed in Schedule A and may take a paid 20 minute meal break. (b) Saturday, Sunday or public holiday for more than 4 hours will receive a meal allowance as per detailed in Schedule A and may take a paid 20 minute meal break . 5.2.7 Overnight Expense Claims (a) Overnight stays shall be approved by an employee’s Manager on a case by case basis.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 20 OFFICIAL (b) Payment is made at the rate set out in Schedule A. The allowance excludes lunch but includes dinner, breakfast and incidental costs. (c) Actual costs of accommodation are reimbursed on the provision of a tax invoice or otherwise paid directly by GRV in accordance with its Travel and Reimbursement Policy. 5.2.8 Travel and Related matters (a) If travel is required to Country or Metropolitan locations and where meals are not provided, a request can be made to the Manager for reimbursement of out of pocket meal expenses. Reasonable travel expenses will also be reimbursed. (b) Where employees are required to use their own motor vehicle in the performance of their duties, they shall be reimbursed in accordance with the Australian Taxation Office rates for the use of private vehicles. (c) An employee who is required by GRV to travel a minimum of 10,000 kilometres per year to undertake their role and for which motor vehicle reimbursement is paid by GRV or a vehicle is supplied by GRV, shall be entitled to undertake a defensive driving course paid for by GRV. 5.2.9 Usual Place of Work (a) The Employer must determine a usual place or places of work for the Employee. (b) Where the Employer wishes to reassign work to the Employee that will require a change to the work location, two weeks’ notice must be given or a lesser period if agreed between the Employer and the Employee. (c) If an Employee believes that a proposed relocation would create demonstrable hardship, the Employer must consider any alternative proposal put by the Employee. 5.2.10 Relocation of Usual Place of Work Allowance (a) Subject to clause 5.10.(c), an Employee who is required by the Employer to travel to a new work location as a result of the relocation of their usual place work by the employer, will be paid a once only allowance in compensation for all disturbance factors arising from the relocation. (b) The payment shall be $1650.00 as a single payment and the allowance shall increase in accordance with the percentage increase applied to the salary rates each year. (c) Payment of this allowance shall not apply if the relocation of the employee’s usual place of work is equal to or less than 10 kilometres radius from their current usual place of work. 5.2.11 Higher Duties (a) Higher duties allowance will apply where an employee has been directed by the Senior Manager to relieve a position of a higher classification for more than five consecutive days or where the Employee works in the higher classified position on a regular and systematic basis. (b) Where all duties of the higher position are not being performed, a pro-rata amount will be applied The higher duties allowance will be paid at the same grade as the employee that is being relieved but paid on the Level 1 rate of that grade on the basis that the employee acting in the higher grade has not been subject to performance reviews at that grade in accordance with clause 5.1.1 of this Agreement. (c) To avoid doubt, the higher duties allowance shall also apply to paid leave taken by the Employee on the proviso that the Employee shall return to the higher duties position on their return from leave.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 21 OFFICIAL PART 6 – BENEFITS AND FACILITIES 6.1 Amenities Where practicable, appropriate amenities including coffee and tea facilities will be provided by GRV. 6.2 Parking Car parking spaces are limited and may be provided to employees at GRV’s absolute discretion, based on availability. Employees are required to use car parking spaces in accordance with GRV policy. 6.3 Personal and Professional Development 6.3.1 GRV supports and encourages employee development through education and training. 6.3.2 GRV will review all opportunities for employee training and development and will consider any application in accordance with the GRV Personal and Professional Development Policy. 6.4 First Aid 6.4.1 GRV will provide delegated first aid officers. Names of the delegated first aid officers will be displayed in the main amenity areas on all levels of the GRV Head Offices. 6.4.2 An employee, required by GRV to act as a delegated first aid officer will be paid a weekly allowance as detailed in Schedule A. 6.4.3 GRV will also ensure that there is a fully trained back up first aid officer at all times. This officer will act as relief during times of leave of absence and will be paid accordingly. 6.4.4 GRV will bear the cost of ongoing training for delegated first aid officers. 6.5 Insurance GRV provides journey insurance cover for all employees travelling to and from work.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 22 OFFICIAL PART 7 – LEAVE 7.1 Personal/Carer’s Leave 7.1.1 Paid personal/carer’s leave does not apply to casual employees. Paid personal/carer’s leave will be available to an Employee (other than a casual Employee) when they are absent due to: (a) personal illness or injury affecting the employee; or (b) to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because of: (i) a personal illness, or personal injury, affecting the member; or (ii) an unexpected emergency affecting the member. (c) the requirement to provide ongoing care and attention to another person who is wholly or substantially dependent on the Employee, provided that the care and attention is not wholly or substantially on a commercial basis. 7.1.2 Employees with less than three years’ service with GRV (excluding casual employees) are entitled to 12 days personal/carer’s leave per year. Employees with three or more years’ service with GRV (excluding casual employees) are entitled to 15 days personal/carer’s leave per year. Personal/carer’s leave can be used for the purposes of either sick leave or carers leave. Paid personal/carer's leave accrues progressively during a year of service according to the employee’s ordinary hours of work, and accumulates from year to year. 7.1.3 Part Time Employees are entitled to Personal Leave calculated on a pro-rata basis. 7.1.4 An Employee may take up to 5 non-consecutive personal/carer’s leave days in any year without providing a certificate from a registered health professional. For any additional personal leave taken in that year, a certificate from a Registered Health Professional is required. For any additional carer’s leave taken in that year, GRV may require a medical certificate or other evidence as determined by GRV to be provided. 7.1.5 Employees must provide evidence to satisfy a reasonable person that personal/carer’s leave in excess of two or more consecutive days or either side of a weekend, rostered day off or Public Holiday if the employee is rostered off on such Public Holiday, is taken for a reason specified in clause 7.1.1. 7.1.6 If an Employee becomes ill or is required to take carer’s leave whilst on annual leave and if the Employee forwards to GRV a medical certificate or other evidence satisfactory to GRV as soon as practicable, covering the period of illness or duration of carer’s leave (with the reason for such leave), then the number of days specified in the certificate or evidence will be deducted from any personal/carer’s entitlement standing to the Employee’s credit and re-credited to their Annual Leave entitlement. 7.1.7 Unpaid personal/carer’s leave will be granted to casual employees and permanent employees who have exhausted their paid personal leave accrual. 7.1.8 Employees are required to contact their Supervisor, as soon as practicable once they become aware of the need to take personal/carer’s leave; 7.1.9 Personal/carer’s leave is not paid out on termination.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 23 OFFICIAL 7.1.10 Absence on Public Holidays If the period during which a permanent Employee takes paid personal/carer’s leave includes a day or part-day that is a public holiday in the place where the Employee is based for work purposes, the Employee is taken not to be on paid personal/carer’s leave on that public holiday. 7.1.11 Unpaid Personal Leave (a) Where an Employee has exhausted all paid personal/carer’s leave entitlements, he/she is entitled to take unpaid personal/carer’s leave. GRV and the Employee will seek to agree on the period. In the absence of agreement, the Employee is entitled to take two (2) days unpaid personal leave per occasion, GRV may request evidence of a medical certificate or other evidence satisfactory to the GRV for periods of unpaid personal/carer’s leave. (b) Unpaid Personal Leave – Casual Employees Casual Employees shall be entitled to unpaid personal/carer’s leave in accordance with the National Employment Standards for each permissible occasion. 7.2 Compassionate Leave 7.2.1 Employees (other than casual Employees) are entitled to three (3) days paid compassionate leave on each occasion, when a member of the Employee’s immediate or extended family or a member of their household: (a) contracts or develops a personal illness that poses a serious threat to his or her life; or (b) sustains a personal injury that poses a serious threat to his/her life; or (c) dies. 7.2.2 Any unused portion of compassionate leave will not accrue from year to year and will not be paid out on termination. 7.2.3 An Employee may take unpaid compassionate leave upon application and by agreement with GRV. 7.2.4 GRV will require the Employee to provide evidence that would satisfy a reasonable person, to support the taking of compassionate leave. 7.2.5 The CEO has discretion to grant compassionate leave in other circumstances. 7.2.6 Casual Employees shall be entitled to two (2) days of unpaid compassionate leave in accordance with the National Employment Standards for each permissible occasion. 7.3 Annual Leave 7.3.1 Employees (other than casual Employees) are entitled to four weeks paid annual leave per annum for each continuous year of service. An employee's entitlement to paid annual leave accrues progressively during a year of service according to the employee's ordinary hours of work, and accumulates from year to year. 7.3.2 An additional weeks’ annual leave is also provided to Employees in recognition of the requirement on occasions to work 13 Sundays and/or Public Holidays per year. The additional weeks leave shall also apply to shift workers who are regularly rostered to work on Sunday and/or Public Holidays as part of their normal rostered hours. 7.3.3 Annual Leave is to be taken at a time agreed between GRV and the Employee. 7.3.4 Annual leave can be taken on an hourly, ½ day, full day or weekly basis.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 24 OFFICIAL 7.3.5 Payment for Annual Leave (a) Employees who take annual leave and who are not shift workers for the purposes of the accrual of annual leave shall be paid their ordinary hourly rate and an annual leave loading of 17.5% of their ordinary hourly rate. (b) The payment of annual leave loading shall: (i) only apply to annual leave accrued after the date that the first salary increase occurs (12 August 2020); (ii) be capped to 17.5% of the rate for the salary of a Grade 4.4 set out in Schedule A of this Agreement if an employee is being paid a salary higher than the salary for a Grade 4.4 employee; (iii) to avoid doubt, the Grade 4.4 annual salary shall reflect future increases in accordance with salary increases set out in Schedule A. (c) Annual leave loading shall be paid as a lump sum to employees on the accrued leave accrued under clause 7.3.1 and 7.3.2 (subject to the translation arrangements of clause 7.3.5 (b) (i) for 2020) in the first salary payment in December for the period 1 December to 30 November each year. (d) An employee who takes annual leave shall be paid at the rate they would have if they had worked, and not taken such leave. To avoid doubt, shift workers shall be paid at their ordinary rate of pay (including shift and/or weekend and public holiday penalties) when leave is taken or annual leave loading (subject to clause (b) and (c) above), whichever is the greater. 7.3.6. Cashing Out of Annual Leave (a) Paid annual leave must not be cashed out except in accordance with an Agreement under this clause 7.3.6. (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate Agreement under this clause 7.3.6. (c) GRV and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee. (d) An Agreement under this clause 7.3.6 must state: (i) the amount of leave to be cashed out and the payment to be made to the employee for it; and (ii) the date on which the payment is to be made. (e) An Agreement under this clause 7.3.6 must be signed by GRV and the Employee and, if the Employee is under 18 years of age, by the employee’s parent or guardian. (f) The payment must not be less than the amount that would have been payable had the Employee taken the leave at the time the payment is made. (g) An Agreement must not result in the Employee’s remaining accrued entitlement to paid annual leave being less than four (4) weeks. (h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks. (i) GRV must keep and provide the Employee a copy of an Agreement under this clause 7.3.6 as an employee record.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 25 OFFICIAL 7.3.7 Annual leave in advance (a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave. (b) An Agreement must: (i) state the amount of leave to be taken in advance and the date on which leave is to commence; and (ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian. (c) The employer must keep a copy of any Agreement under clause 7.3.7(a) as an employee record. (d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an Agreement under clause 7.3.7 (a), the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. 7.3.8 Excessive Leave Accruals (a) General Provisions Note: This clause contains provisions, additional to the National Employment Standards, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Fair Work Act. (i) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks paid annual leave. (ii) If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach Agreement on how to reduce or eliminate the excessive leave accrual. (iii) Clause 7.3.8 (b) sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave. (iv) Clause 7.3.8(c) sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee. (b) Excessive leave accruals: direction by employer that leave be taken (i) If an employer has genuinely tried to reach agreement with an employee under clause 7.3.8 (a) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave. (ii) However, a direction by the employer under clause 7.3.8 (b)(i): (A) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 26 OFFICIAL 7.3.8 (a), 7.3.8 (b) or 7.3.8 (c) or otherwise agreed by the employer and employee) are taken into account; and (B) must not require the employee to take any period of paid annual leave of less than one week; and (C) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and (D) must not be inconsistent with any leave arrangement agreed by the employer and employee. (iii) The employee must take paid annual leave in accordance with a direction under clause 7.3.8 (b) (i) that is in effect. (iv) An employee to whom a direction has been given under clause 7.3.8 (b) (i) may request to take a period of paid annual leave as if the direction had not been given. Note 1: Paid annual leave arising from a request mentioned in clause 7.3.8 (b) (iv) may result in the direction ceasing to have effect. See clause 7.8.3(a). Note 2: Under section 88(2) of the Fair Work Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave. (c) Excessive leave accruals: request by employee for leave (i) If an employee has genuinely tried to reach agreement with an employer under clause 7.3.8(a) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave. (ii) However, an employee may only give a notice to the employer under clause 7.3.8 (c) (i) if: (A) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and (B) the employee has not been given a direction under clause 7.3.8 (b) (i) that, when any other paid annual leave arrangements (whether made under clause 7.3.8 (a), 7.3.8 (b) or 7.3.8 (c) or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual. (iii) A notice given by an employee under clause 7.3.8 (c) (i) must not: (A) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements are taken into account; or (B) provide for the employee to take any period of paid annual leave of less than one week; or (C) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or (D) be inconsistent with any leave arrangement agreed by the employer and employee.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 27 OFFICIAL (iv) An employee is not entitled to request by a notice under clause 7.3.8 (c) (i) more than 4 weeks paid annual leave in any period of 12 months. (v) The employer must grant paid annual leave requested by a notice under clause 7.3.8 (c) (i). 7.3.9 Purchased Leave (a) An Employee may, with the agreement of the Employer, work less than 52 weeks per year. Access to this entitlement may only be granted on application from an Employee and cannot be required as a precondition for employment. (b) 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 7.3.8 (c) 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. Where the Employer and an Employee agree under clause 7.3.9 (a) on an employment arrangement the annual salary applicable to an employee relative to the additional leave purchased will be as set out in the table below: Proportion of annual salary applicable under Schedule A Number of additional weeks of purchased leave Total amount of leave (purchased and annual leave) 48/52 weeks Additional 4 weeks leave 8 weeks/9 weeks for shift workers in total. 49/52 weeks Additional 3 weeks leave 7 weeks/8 weeks for shift workers in total 50/52 weeks Additional 2 weeks leave 6 weeks/7 weeks for shift workers in total 51/52 weeks Additional 1 weeks leave 5 weeks/6 weeks for shift workers. (d) The above does not preclude an Employee and the Employer from agreeing to a similar type of arrangement that would provide an Employee with additional converted leave of more than eight weeks. (e) The Employee will receive a salary equal to the period worked (i.e. 48 weeks) which will be spread over a 52 week period. (f) The accrual of personal/carer’s leave and long service leave by the Employee shall remain unchanged. (g) The Employer will endeavour to accommodate Employee requests for arrangements under this clause subject to operational requirements. Where such requests are granted, the Employer will make proper arrangements to ensure that the workloads of other Employees are not unduly affected, and that excessive overtime is not required to be performed by other Employees as a result of these arrangements. (h) An Employee may revert to ordinary 52 week employment by giving the Employer no less than four weeks’ written notice. Where an Employee so reverts to 52 week employment, appropriate pro rata salary adjustments will be made. 7.3.10 Payment of Accrued Annual Leave on termination of employment Upon termination, the Employee is entitled to be paid unused accrued annual leave at the rate they would have received if they had taken the leave.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 28 OFFICIAL 7.4 Public Holidays 7.4.1 Where the nature of the employment of Employees permits the observance of Public Holidays as they occur, Employees (other than casual Employees) shall be entitled to the following holidays without loss of pay: (a) New Year’s Day, Labour Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Christmas Day, Boxing Day, Australia Day, Anzac Day, Queen’s Birthday, the Friday before AFL Grand Final Day and Melbourne Cup Day. (b) When Christmas Day is a Saturday, an additional holiday shall be observed on the Monday after Christmas Day and when Christmas Day is a Sunday, an additional holiday shall be observed on the Tuesday after Christmas Day. (c) When Boxing Day is a Saturday or a Sunday, an additional holiday shall be observed on 28 December. (d) When New Year’s Day is a Saturday or a Sunday, an additional holiday shall be observed on the next Monday. (e) When Australia Day is a Saturday or a Sunday, a holiday in lieu shall be observed on the next Monday. 7.4.2 Employee who works Christmas Day, Boxing Day or New Year’s Day (a) Notwithstanding clause 7.4.1, an Employee other than a casual Employee, who works on Christmas Day and/or Boxing Day and/or New Year’s Day shall be: (i) paid at the appropriate Public Holiday rate; and (ii) if such an Employee also works on the substituted day or days, they shall be paid at the ordinary time rate on this day or these days. (b) If the Employee works on the substituted day and not the declared Public Holiday, the Employee shall receive Public Holiday entitlements for working the substituted day. The Employee shall only receive the benefit for either the declared Public Holiday or the substituted day contingent on the day worked. (c) For the purpose of this clause 7.4.2 (a), “ordinary time” means the amount the Employee would normally receive for working on that particular day, including any Shift Work allowance and/or overtime payment and/or other payment which would normally apply 7.4.3 Melbourne Cup Day Substitution Where, outside the Melbourne Metropolitan area, a Public Holiday is proclaimed in that municipality for the observance of local events, that day will be observed as a Public Holiday in lieu of Melbourne Cup Day. 7.4.4 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 clause 7.4.1 and 7.4.2, 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.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 29 OFFICIAL 7.4.5 Substitution of Public Holiday An Employee may by agreement in writing with GRV substitute another day for any Public Holiday/s prescribed in this clause to observe religious or cultural occasions or like reasons of significance to the Employee. 7.5 Long Service Leave 7.5.1 Employees are entitled to long service leave as per the Long Service Act 2018 (Vic) (LSL Act) . To the extent that more beneficial entitlements apply under this clause, such provisions are set out below. 7.5.2 At any time after completing seven years of continuous employment, an employee is entitled to an amount of long service leave on ordinary pay (as defined by s.15 of the LSL Act) of equal to 1/40th of the employee's total period of continuous employment less any period of long service leave taken during that period. 7.5.3 An employee with seven or more years of continuous service is entitled to be paid out any unused long service leave on termination of employment. 7.5.4 The time of taking leave will be agreed between the Employee and GRV. Employees may take Long Service Leave for a single day. 7.5.5 Any legislative changes to Long Service Leave provisions will be applied by GRV even if the agreement is not altered to reflect such changes on the basis that such changes form part of the National Employment Standards. 7.6 Community Service & Blood Donor Leave 7.6.1 Employees are entitled to Community Service leave in accordance with the National Employment Standards. 7.6.2 When a permanent Employee, who is a voluntary member of a community service provider, is required to attend an emergency, the Employee will be granted time off without loss of pay to attend such emergency, subject to work requirements. Examples of community service providers where members are required to attend emergencies are Country Fire Authority, State Emergency Service, St John's Ambulance, Department of Defence, Disaster and Emergency Service, and the Red Cross. 7.6.3 Permanent Employees who are members of the Australian Defence Force Reserves may be granted leave without loss of pay to attend major training courses up to a maximum period of ten (10) days per year. Granting of leave will be subject to work requirements. 7.6.4 An Employee who is required to attain qualifications or to requalify to perform activities in an emergency management body must be granted leave with pay for the period of time required to fulfil the requirements of the training course pertaining to those qualifications, provided that such training can be undertaken without unduly affecting the operations of the Employer. 7.6.5 When an Employee is a blood donor and is required to attend a blood donor centre during working hours, they shall be granted time off to attend without loss of pay, subject to work requirements. Attendance at blood donor centres should be arranged outside of working hours wherever possible. 7.7 Jury Duty Should an Employee be required for jury duty GRV will continue to pay the Employee for this time. The Employee will authorise any deduction of monies paid to him or her by the court for serving as a juror during his or her ordinary hours of work. This clause also applies to casual employees who would have otherwise been rostered to work on the day or days that their attendance for jury service is required.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 30 OFFICIAL 7.8 Parental Leave 7.8.1 Application Full-time, part-time and Long Term Casual Employees are entitled to parental leave under this clause if: (a) the leave is associated with: (i) the birth of a child of the Employee or the Employee’s Spouse; or (ii) the placement of a child with the Employee for adoption; and (b) the Employee has or will have a responsibility for the care of the child. 7.8.2 Definitions For the purposes of this clause: (a) Long Term Casual Employee means a casual Employee: (i) employed by the Employer on a regular and systematic basis for a continuing period or sequence of periods of employment during a period of at least twelve months; and (ii) who has, but for accessing parental leave under this clause, a reasonable expectation of continuing employment by the Employer on a regular and systematic basis. (b) Continuous Service is work for the Employer on a regular and systematic basis (including any period of authorised leave) and any period of Recognised Prior Service. (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; (ii) in relation to adoption-related leave, a child (or children) who will be placed with an Employee, and: who is, or will be, under 16 as at the day of placement, or the expected day of placement; has not, or will not have, lived continuously with the Employee for a period of 6 months or more as at the day of placement, or the expected day of placement; and is not (otherwise than because of the adoption) a child of the Employee or the Employee’s spouse. (d) Primary Caregiver means the person who is the primary carer of a newborn or newly adopted Child. The primary carer is the person who meets the Child's physical needs more than anyone else. Only one person can be a Child's primary carer on a particular day. In most cases the Primary Caregiver will be the birth mother of a newborn or the initial primary carer of a newly adopted child. (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.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 31 OFFICIAL (g) Recognised Prior Service means any service where the Employee was employed: (i) by a public entity under the Public Administration Act 2004 (Vic); (ii) under Part 6 of the Public Administration Act 2004 (Vic); or (iii) as a parliamentary officer or electorate officer under the Parliamentary Administration Act 2005 (Vic); immediately prior to the Employee’s employment with the Employer. 7.8.3 Summary of Parental Leave Entitlements Parental leave entitlements in this clause are summarised in the following table: Paid leave Unpaid leave Total Primary Caregiver More than 12 months service 14 weeks Up to 38 weeks 52 weeks Less than 12 months service 0 Up to 52 weeks 52 weeks Eligible casual employee 0 Up to 52 weeks 52 weeks Secondary Caregiver More than 12 months service 2 weeks Up to 50 weeks 52 weeks Less than 12 months service 0 Up to 52 weeks 52 weeks Eligible casual employee 0 Up to 52 weeks 52 weeks Pre-natal leave Pregnant employee 38 hours Spouse 7.6 hours Permanent Care Leave More than 12 months service 14 weeks Up to 38 weeks 52 weeks Less than 12 months service 0 Up to 52 weeks 52 weeks Grandparent Leave 0 Up to 52 weeks 52 weeks 7.8.4 Parental Leave – Primary Caregiver (a) An Employee who has, or will have, completed at least twelve 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) 14 weeks paid parental leave; and (ii) up to 38 weeks unpaid parental leave. (b) An Employee who will be the Primary Caregiver but has not completed at least twelve months paid Continuous Service at the time of the birth or adoption of their Child, is entitled to up to 52 weeks unpaid parental leave. (c) An Eligible Casual Employee who will be the Primary Caregiver at the time of the birth or adoption of their Child is entitled to up to 52 weeks unpaid parental leave. (d) 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:20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 32 OFFICIAL (i) if their Spouse is, or will be, the Primary Caregiver at the time of the birth or adoption of their Child; (ii) if their Spouse has received, or will receive, paid maternity leave, primary caregiver entitlements, or a similar entitlement, from their employer; or (iii) if the Employee has received, or will receive, Secondary Caregiver parental leave entitlements in relation to their Child. (e) A period of parental leave taken in accordance with this clause must be for a single continuous period. 7.8.5 Parental Leave – Secondary Caregiver (a) An Employee who has, or will have, completed at least twelve 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) 2 weeks paid parental leave; and (ii) up to 50 weeks unpaid parental leave. (b) An Employee who will be the Secondary Caregiver but has not completed at least twelve months paid Continuous Service at the time of the birth or adoption, is entitled to up to 52 weeks unpaid parental leave. (c) An Eligible Casual Employee who will be the Secondary Caregiver at the time of the birth or adoption of their Child is entitled to up to 52 weeks unpaid parental leave. (d) Only one parent can receive Secondary Caregiver parental leave entitlements in respect to the birth or adoption of their Child. (e) An Employee cannot receive Secondary Caregiver parental leave entitlements where the Employee has received Primary Caregiver parental leave entitlements in relation to their Child. 7.8.6 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. The Employer should be flexible enough to allow the Employee the ability to leave work and return on the same day. (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) Paid pre-natal leave is not available to casual Employees. 7.8.7 Pre-adoption leave (a) An Employee seeking to adopt a Child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 33 OFFICIAL (b) The Employee and the Employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the Employee is entitled to take up to two days unpaid leave. (c) Where paid leave is available to the Employee, the Employer may require the Employee to take such leave instead. (d) The Employer may require the Employee to provide satisfactory evidence supporting the leave. 7.8.8 Permanent Care Leave If, pursuant to the Children, Youth and Families Act 2005 (Vic) or any successor to that legislation, an Employee (other than a casual Employee), is granted a permanent care order in relation to the custody or guardianship of a child and the Employee is the Primary Caregiver for that child, the Employee will be entitled to 14 weeks’ paid leave at a time to be agreed with the Employer. 7.8.9 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. 7.8.10 Continuing to work while pregnant (a) The Employer may require a pregnant Employee to provide a medical certificate stating that the Employee is fit to work their normal duties where the Employee: (i) continues to work within a six week period immediately prior to the expected date of birth of the child; or (ii) is on paid leave under clause 7.8.12(b). (b) The Employer may require the Employee to start parental leave if the Employee: (i) does not give the Employer the requested certificate within seven days of the request; or (ii) gives the Employer a medical certificate stating that the Employee is unfit to work. 7.8.11 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 7.1 7.8.12 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 the Employer deems it practicable, be transferred to a safe job with no other change to the Employee’s terms and conditions of employment until the commencement of parental leave. (b) If the Employer does not think it to be reasonably practicable to transfer the Employee to a safe job, the Employee may take no safe job paid leave, or the Employer may require the Employee to take no safe job paid leave immediately for a period which ends at the earliest of either: (i) when the Employee is certified unfit to work during the six week period before the expected date of birth by a registered medical practitioner; or20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 34 OFFICIAL (ii) when the Employee’s pregnancy results in the birth of a living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. (c) The entitlement to no safe job leave is in addition to any other leave entitlement the Employee has. 7.8.13 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 7.1; (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 7.8.3 and thereafter, to unpaid special maternity leave. 7.8.14 Notice and evidence requirements (a) An Employee must give at least 10 weeks written notice of the intention to take parental leave, including the proposed start and end dates. At this time, the Employee must also provide a statutory declaration stating: (i) that the Employee will become either the Primary Caregiver or Secondary Caregiver of the Child, as appropriate; (ii) the particulars of any parental leave taken or proposed to be taken or applied for by the Employee’s Spouse; and ` (iii) that for the period of parental leave the Employee will not engage in any conduct inconsistent with their contract of employment. (b) At least four weeks before the intended commencement of parental leave, the Employee must confirm in writing the intended start and end dates of the parental leave, or advise the Employer of any changes to the notice provided in clause 7.8.14(a) unless it is not practicable to do so. (c) The Employer may require the Employee to provide evidence which would satisfy a reasonable person of: (i) in the case of 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) in the case of adoption-related leave, the commencement of the placement (or expected day of placement) of the Child and that the Child will be under 16 years of age as at the day of placement or expected day of placement. (d) An Employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement or placement occurring earlier than the expected date or in other compelling circumstances. In these circumstances the notice and evidence requirements of this clause should be provided as soon as reasonably practicable. 7.8.15 Commencement of parental leave (a) An Employee who is pregnant may commence Primary Caregiver parental leave at any time within 14 weeks prior to the expected date of birth of the Child. The period of parental leave must commence no later than the date of birth of the Child.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 35 OFFICIAL (b) In all other cases, Primary Caregiver parental leave commences on the day of birth or placement of the Child. (c) Secondary caregiver parental leave may commence on the day of birth or placement of the Child. (d) The Employer and Employee may agree to alternative arrangements regarding the commencement of parental leave. (e) Unless otherwise agreed, any entitlement to paid parental leave will be paid from the date of commencement of parental leave. 7.8.16 Single period of parental leave Parental leave is to be available to only one parent at a time, in a single unbroken period, except in the case of concurrent leave. 7.8.17 Employee Couple – Concurrent Leave (a) Two Employees covered by this Agreement may take up to eight weeks concurrent leave in connection with the birth or adoption of their Child. (b) 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. (c) Concurrent leave can be taken in separate periods, but each block of concurrent leave must not be less than 2 weeks, unless the Employer otherwise agrees. 7.8.18 Parental Leave and Other Entitlements (a) 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 7.8.20(b). (b) Where a Public Holiday occurs during a period of paid parental leave, the Public Holiday is not to be regarded as part of the paid parental leave and the Employer will grant the Employee a day off in lieu, to be taken by the Employee immediately following the period of paid parental leave. (c) Unpaid parental leave under clauses 7.8.4, 7.8.5, 7.8.20 and 7.8.22 shall not break an Employee’s continuity of employment but it will not count as service for leave accrual or other purposes. 7.8.19 Keeping in touch days (a) During a period of parental leave an Employer and Employee may agree to perform work for the purpose of keeping in touch in order to facilitate a return to employment at the end of the period of leave. (b) Keeping in touch days must be agreed and be in accordance with section 79A of the Fair Work Act 2009. 7.8.20 Extending parental leave (a) Extending the initial period of parental leave (i) An Employee, who is on an initial period of parental leave of less than 52 weeks under clause 7.8.4 or 7.8.5, may extend the period of their parental leave on one occasion up to the full 52 week entitlement.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 36 OFFICIAL (ii) The Employee must notify the Employer in writing at least four weeks prior to the end date of their initial parental leave period. The notice must specify the new end date of the parental leave. (b) Right to request an extension to parental leave (i) An Employee who is on parental leave under clause 7.8.4 or 7.8.5 may request an extension of unpaid parental leave for a further period of up to 12 months immediately following the end of the current parental leave period. (ii) In the case of an Employee who is a member of an employee couple, the period of the extension cannot exceed 12 months, less any period of parental leave that the other member of the Employee couple will have taken in relation to the Child. (iii) The Employee’s request must be in writing and given to the Employer at least 4 weeks before the end of the current parental leave period. The request must specify any parental leave that the Employee’s spouse will have taken. (iv) The Employer shall consider the request having regard to the Employee’s circumstances and, provided the request is based on the Employee’s parental responsibilities, may only refuse the request on reasonable business grounds. (v) The Employer must not refuse the request unless the Employer has given the Employee a reasonable opportunity to discuss the request. (vi) The Employer must give a written response to the request as soon as practicable, and no later than 21 days after the request is made. The response must include the details of the reasons for any refusal. (c) Total period of parental leave (i) The total period of parental leave, including any extensions, must not extend beyond 24 months. (ii) In the case of an Employee Couple, the total period of parental leave for both parents combined, including any extensions, must not extend beyond 24 months. The Employee’s entitlement to parental leave under clause 7.8.4 or 7.8.5 will reduce by the period of any extension taken by a member of the couple under clause 7.8.20. 7.8.21 Calculation of pay for the purposes of parental leave (a) The calculation of weekly pay for paid parental leave purposes will be based on the average number of ordinary hours worked by the Employee over the past three years. The calculation will exclude periods of unpaid parental leave. (b) The average number of weekly hours worked by the Employee, determined in accordance with clause 7.8.21(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. (c) Despite 7.8.21(a), an Employee who reduces the time fraction they work to better cope during pregnancy will not have their subsequent paid parental leave reduced accordingly. (d) 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. 7.8.22 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.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 37 OFFICIAL 7.8.23 Returning to Work (a) Returning to work early (i) During the period of parental leave an Employee may return to work at any time as agreed between the Employer and the Employee, provided that time does not exceed four weeks from the recommencement date desired by the Employee. (ii) In the case of adoption, where the placement of an eligible child with an Employee does not proceed or continue, the Employee will notify the Employer immediately and the Employer will nominate a time not exceeding four weeks from receipt of notification for the Employee’s return to work. (b) Returning to work at conclusion of leave (i) At least four weeks prior to the expiration of parental leave, the Employee will notify the Employer of their return to work after a period of parental leave. (ii) Subject to 7.8.23(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 7.8.12 above, the Employee will be entitled to return to the position they held immediately before such transfer. (iii) Where such position no longer exists but there are other positions available which the Employee is qualified for and is capable of performing, the Employee will be entitled to a position as nearly comparable in status and pay to that of their former position (c) Returning to work at a reduced time fraction (i) To assist an Employee in reconciling work and parental responsibilities, an Employee may request to return to work at a reduced time-fraction until their Child reaches school age, after which the Employee will resume their substantive time-fraction. (ii) Where an Employee wishes to make a request under 7.8.23(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. 7.8.24 Consultation and Communication during Parental Leave (a) Where an Employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Employer shall take reasonable steps to: (i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the Employee held before commencing parental leave; and (ii) provide an opportunity for the Employee to discuss any significant effect the change will have on the status or responsibility level of the position the Employee held before commencing parental leave. (b) The Employee shall take reasonable steps to inform the Employer about any significant matter that will affect the Employee’s decision regarding the duration of parental leave to be taken, whether the Employee intends to return to work and whether the Employee intends to request to return to work on a part-time basis. (c) The Employee shall also notify the Employer of changes of address or other contact details which might affect the Employer’s capacity to comply with clause 7.8.24(a).20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 38 OFFICIAL 7.8.25 Extended Family Leave (a) An Employee who is the Primary Caregiver and has exhausted all parental leave entitlements may apply for unpaid Extended Family Leave as a continuous extension to their parental leave taken in accordance with this clause. The total amount of leave, inclusive of parental leave taken in accordance with this clause cannot exceed seven years. (b) The Employee must make an application for Extended Family Leave each year. (c) An Employee will not be entitled to paid parental leave whilst on Extended Family leave. (d) Upon return to work the Employer may reallocate the Employee to other duties. 7.8.26 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 an Employer engages a replacement Employee the Employer must inform that person of the temporary nature of the employment and of the rights of the Employee who is being replaced. 7.8.27 Casual Employees The Employer must not fail to re-engage a casual Employee because the Employee has accessed parental leave in accordance with this clause. The rights of the Employer in relation to engagement and re-engagement of casual Employees are not affected, other than in accordance with this clause. 7.9 Family Violence Leave 7.9.1 General Principle (a) The Employer recognises that Employees sometimes face situations of violence or abuse in their personal life that may affect their attendance or performance at work. Therefore, the Employer is committed to providing support to staff 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. 7.9.2 Definition of Family Violence Family violence includes physical, sexual, financial, verbal or emotional abuse by a family member as defined by the Family Violence Protection Act 2008 (Vic). 7.9.3 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. 7.9.4 General Measures (a) Evidence of family violence may be required and can be in the form an agreed document issued by the Police Service, a Court, a registered health practitioner, a Family Violence20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 39 OFFICIAL Support Service, district nurse, maternal and health care nurse or Lawyer. A signed statutory declaration can also be offered as evidence. (b) All personal information concerning family violence will be kept confidential in line with the Employer’s policies and relevant legislation. No information will be kept on an Employee’s personnel file without their express written permission. (c) No adverse action will be taken against an Employee if their attendance or performance at work suffers as a result of experiencing family violence. (d) The Employer will identify contact/s within the workplace who will be trained in family violence and associated privacy issues. The Employer will advertise the name of any Family Violence contacts within the workplace. (e) An Employee experiencing family violence may raise the issue with their immediate supervisor, Family Violence contacts, union delegate or nominated Human Resources contact. The immediate supervisor may seek advice from Human Resources if the Employee chooses not to see the Human Resources or Family Violence contact. (f) Where requested by an Employee, the Human Resources contact will liaise with the Employee’s manager on the Employee’s behalf, and will make a recommendation on the most appropriate form of support to provide in accordance with clause 7.9.5 and clause 7.9.6 (g) The Employer will develop guidelines to supplement this clause and which details the appropriate action to be taken in the event that an Employee reports family violence. 7.9.5 Leave (a) An Employee experiencing family violence will have access to 20 days per year of paid special leave following an event of family violence and for related purposes such as medical appointments, legal proceedings and other activities related to family violence (this leave is not cumulative but if the leave is exhausted consideration will be given to providing additional leave). This leave will be in addition to existing leave entitlements and may be taken as consecutive or single days or as a fraction of a day and can be taken without prior approval. (b) An Employee who supports a person experiencing family violence may utilise their personal/carer’s leave entitlement to accompany them to court, to hospital, or to care for children. The Employer may require evidence consistent with clause 7.9.4(a) from an Employee seeking to utilise their personal/carer’s leave entitlement. 7.9.6 Individual Support (a) In order to provide support to an Employee experiencing family violence and to provide a safe work environment to all Employees, the Employer will 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; (ii) temporary or ongoing job redesign or changes to duties; (iii) temporary or ongoing relocation to suitable employment; (iv) a change to their telephone number or email address to avoid harassing contact; (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.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 40 OFFICIAL (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. 7.10 Leave Without Pay The Manager may grant leave without pay to an employee dependent upon the circumstances of the request from an employee. 7.11 Flexible Time off 7.11.1 GRV is committed to providing a workplace that allows for flexible working arrangements having regard to the fact that employees may utilise pro-rata annual leave when requiring time off. 7.11.2 An employee wishing to take time off during their normal working roster (other than for the taking of leave entitlements) for the specific purpose of undertaking personal business, will discuss their requirement with their Supervisor or Manager. 7.11.3 In determining whether the employee should be allowed such time off; the Supervisor or Manager may consider: (a) the persons previous requests for time off; (b) personal leave already taken; (c) the impact that taking such leave would have on GRV operations; the (d) for taking the time off; and/ or (e) any other considerations which are reasonable with respect to the particular circumstances 7.11.4 The employee shall, upon request, advise how they will ‘make up’ any time off that may be authorised by the Supervisor or relevant Manager. This may take the form of variation to the spread of hours or meal breaks. The Supervisor and or relevant Manager will then determine whether the time off shall be granted. 7.12 Accident Make-Up Pay 7.12.1 GRV shall pay an employee accident make-up pay where the employee receives an injury for which weekly payments of compensation are payable, by or on behalf of GRV, pursuant to the provisions of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). 7.12.2 Accident make-up pay means a payment of an amount being the difference between the weekly amount of compensation paid to the employee pursuant to the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) and the employee’s rate of pay, or where the incapacity is for a lesser period than one week, the difference between the amount of such compensation and the rate of pay for that period. 7.12.3 For the purposes of this clause rate of pay means the usual rate received by the employee including, where appropriate, work related allowances and penalty rates normally received by the employee when absent on annual leave, or for the preceding three months prior to the date of the injury (whichever is the greater).20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 41 OFFICIAL 7.12.4 GRV shall pay, or cause to be paid, make-up during the incapacity of the employee within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). Such payment shall not be paid: (a) in excess of a continuous period of 52 weeks; or (b) in excess of an aggregate 52 weeks in respect of a particular injury or incapacity’ without the approval of GRV. 7.12.5 The liability of GRV to pay make-up pay in accordance with the clause shall arise as at the date of the injury or accident in respect of which compensation is payable and the termination of the employee's employment for any reason during the period of any incapacity shall in no way affect the liability of GRV to pay make-up as provided in this clause. 7.12.6 In the event that the employee receives a lump sum in redemption of weekly payments under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), the liability of GRV to pay make-up pay in relation to that injury shall cease from the date of such redemption. 7.12.7 Where an employee is off duty as a result of an injury or accident for which GRV is liable for make-up pay under this clause, such employee shall be entitled to return to duty, on alternate duties should the employee's treating medical practitioner so recommend, for the purposes of rehabilitation, and provided suitable work is available without prejudice to other employees. 7.12.8 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). 7.13 Leave to Attend Rehabilitation Program. 7.13.1 An Employee, other than a casual Employee, may be granted leave with or without pay to undertake an approved rehabilitation program where the Employer is satisfied that: (a) the Employee’s work performance is adversely affected by the misuse of drugs or alcohol or problem gambling; (b) the Employee is prepared to undertake a course of treatment designed for the rehabilitation of persons with alcohol, drug or gambling related problems; and (c) in the case of an alcohol or drug addiction, a Registered Practitioner has certified that in his or her 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. 7.13.2 On production of proof of attendance at an approved rehabilitation program in accordance with clause 7.13.1, 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:20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 42 OFFICIAL Years of Service First Year of Program Subsequent Years of Program 2 years 20 days 15 days 3 years 27 days 20 days 4 years 33 days 25 days 5 or more years 40 days 30 days (b) An Employee who has completed less than two years continuous or aggregate service may be granted leave without pay for the purposes of attending an approved rehabilitation program. 7.13.3 For the purpose of this clause, Registered Practitioner has the same meaning as set out in clause 1.8 7.14 Study Leave 7.14.1 GRV may grant to any Employee paid leave to undertake an accredited course of study provided by an educational institution or registered training organisation. 7.14.2 In determining whether to grant study leave, the GRV will consider matters such as the relevance of the proposed study to the Employee’s employment, alignment to organisational goals and the reasonable operational requirements of the GRV. 7.14.3 An Employee may be granted sufficient paid leave to enable travel to and attendance of up to seven hours of classroom activity or related project work per week. 7.14.4 The GRV may grant additional leave with or without pay as considered necessary. 7.14.5 An Employee may be granted up to five days’ paid leave per annum as pre-examination leave and sufficient paid leave to attend examinations where the examinations are part of the course of study for which leave has been approved under clause 7.14.1. 7.14.6 An Employee completing an accredited course through the submission of major project work may be entitled to five days leave per annum for the purposes of finalising such project work. 7.15 Industrial Relations/Occupational Health and Safety Training 7.15.1 In order to encourage co-operative workplace relations and facilitate the operation of this Agreement, an Employee who has been nominated by a Union to attend a designated trade union training course may be granted paid time release of five days leave on full pay in any one calendar year, so long as the granting of such paid release does not unduly effect the operations of GRV. 7.15.2 The Employee may be granted the time release specified in this clause where GRV is satisfied that the course of training is likely to contribute to a better understanding of industrial relations, occupational health and safety, safe work practices, knowledge of award and other industrial entitlements and the upgrading of Employee skills in all aspects of trade union functions.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 43 OFFICIAL 7.15.3 An Employee may be granted paid time release under this clause in excess of five days and up to ten days in any one calendar year subject to the total time taken in that year and in the subsequent year not exceeding ten days. GRV shall not unreasonably withhold the granting of such paid time release under this clause. 7.15.4 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 his or her choice that is approved by the Victorian WorkCover Authority, having regard to course places and the Employer's operations. The Employer shall meet any reasonable costs incurred. Leave under this clause must only be granted to an Employee on one occasion and is additional to any other leave granted under this clause. 7.15.5 Additional paid leave may be approved for health and safety representatives to attend training approved by the Victorian WorkCover Authority under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), which is relevant to the functions of the Designated Working Group.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 44 OFFICIAL PART 8 – COUNSELLING, DISCIPLINE AND TERMINATION 8.1 Unsatisfactory Performance & Actions by Employees If there is a problem with an employee’s performance or actions the following process will be followed. 8.1.1 First stage (a) The first stage is counselling the Employee. GRV must: (i) advise the Employee of the unsatisfactory work performance or behaviour; (ii) outline the standard required of the Employee; and (iii) provide the Employee with an opportunity to respond. (b) Once the Employee has had an opportunity to respond to the issues raised in the counselling session, the Employee will be given a period of time to improve. The Employee will be advised of any consequences of not meeting the required standard. 8.1.2 Second stage (a) The second stage will occur if the Employee continues to engage in unsatisfactory work performance or behaviour or does not demonstrate sufficient improvement. At this stage the Employee will be given a formal written warning by the Employee’s manager. (b) The warning must indicate: (i) what is expected of the Employee; and (ii) where and how the Employee is not meeting this expectation; and the consequences of failure to improve. (c) The written warning will be placed on the Employee’s personnel file. 8.1.3 Third stage The third stage is the final warning. The Employee will be informed in writing that if there is a repetition or continuation of the offending work performance or behaviours, the Employee may be dismissed. The final warning will be placed on the Employee’s personnel file. 8.1.4 Fourth stage (a) The fourth stage is termination of employment if the Employee continues to engage in unacceptable behaviour following the issue of a final warning. (b) At each step the Employee will be asked if they have a valid and acceptable reason for the performance issue, misconduct or inappropriate behaviour. If it is deemed that a valid and acceptable reason is provided, then no written warning will be issued at that time. (c) Either the Employee or Manager may have a representative present at any stage. (d) A particular action may be so severe as to warrant instant dismissal or the issuing of a final written warning.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 45 OFFICIAL 8.2 Summary Dismissal An employee may be dismissed summarily, without notice or payment in lieu of notice for serious or wilful misconduct. This includes but is not limited to: (a) theft or intentional damage of GRV property; (b) serious neglect of duties and responsibilities required by the position; (c) making a false claim or falsification of records; (d) verbal or physical assault or abuse; (e) failure to follow lawful and reasonable directions; (f) possession or use of illicit drugs on GRV premises or when officially representing GRV; (g) gambling on greyhound races (h) downloading or distributing pornography; or (i) any other serious breach referred to in the Fair Work Regulations 2009 (Cth) 8.3 Termination of Employment (except Casual Employees) 8.3.1 In order to terminate the employment of an employee, the following notice in writing will be given by either GRV or the employee: Period of continuous service Period of notice Not more than one year at least 1 week More than one year but not more than three years at least 2 weeks More than three years but not more than five years at least 3 weeks More than five years and over at least 4 weeks 8.3.2 GRV will give an additional weeks’ notice to the above for employees who are over 45 years of age at termination and have had a minimum of two years continuous service with GRV. 8.3.3 Payment in lieu of the prescribed period of notice will be made by GRV if GRV determines that the appropriate notice period is not required to be worked by the employee. 8.3.4 If an employee who is at least 18 years old fails to give the required notice in writing, GRV may withhold from any monies due to the employee upon termination under this Agreement, an amount not exceeding one week’s wages. 8.3.5 If GRV have agreed to a shorter period of notice than that required under clause 8.3.1, then no deduction can be made under clause 8.3.4. 8.3.6 Any deduction made under clause 8.3.4 must not be unreasonable in the circumstances. 8.3.7 The period of notice in this clause will not apply to: (a) casual employees; (b) employees engaged under a contract of employment for a specified period of time, for a specified task, or for the duration of a specified season, and the employment has terminated at the end of the period, on completion of the task, or at the end of the season; (c) in cases of dismissal for serious or wilful misconduct; (d) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement;20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 46 OFFICIAL 8.3.8 Upon cessation of employment with GRV, employees must return all property of GRV in their possession, custody or control, including but not limited to keys, documents, materials, data and security tags. 8.4 Redundancy 8.4.1. Definition of Redundancy A redundancy situation arises when an employer no longer requires an employee’s job to be done by anyone due to changes in the operational requirements of the employer’s enterprise. Redundancies may occur due to but not limited to; internal restructuring, out-sourcing of work, reductions in the number of employees required within the organisation or other changed operational requirements. 8.4.2 GRV shall apply the terms of the Victorian Government redundancy, redeployment and retrenchment policy if a redundancy situation arises. The policy does not form part of this Agreement. 8.5 Disputes Settling Procedures 8.5.1 Resolution of disputes and grievances (a) Unless otherwise provided for in this Agreement, a dispute or grievance about a matter arising under this Agreement or the National Employment Standards, other than termination of employment, must be dealt with in accordance with this clause. (b) This clause does not apply to any dispute on a matter or matters arising in the course of bargaining in relation to a proposed workplace Agreement. (c) A person bound by this Agreement may choose to be represented at any stage by a representative, including a union representative or employer’s organisation. 8.5.2 Obligations (a) The parties to the dispute or grievance, and their representatives, must genuinely attempt to resolve the dispute or grievance through the processes set out in this clause and must cooperate to ensure that these processes are carried out expeditiously. (b) Whilst a dispute or grievance 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 his or her health or safety, has advised GRV of this concern and has not unreasonably failed to comply with a direction by GRV to perform other available work that is safe and appropriate for the Employee to perform. (c) No person bound by the Agreement will be prejudiced as to the final settlement of the dispute or grievance by the continuance of work in accordance with this clause. 8.5.3 Agreement and dispute settlement facilitation (a) For the purposes of compliance with this Agreement (including compliance with this dispute settlement procedure) where the chosen employee representative is another employee of GRV, that employee must be released by GRV 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 the National Employment Standards;20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 47 OFFICIAL (ii) Endeavouring to resolve a dispute arising out of the operation of the Agreement or the National Employment Standards; 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 GRV. 8.5.4 Discussion of grievance or dispute (a) The dispute or grievance must first be discussed by the aggrieved employee(s) with the immediate supervisor of the employee(s). (b) If the matter is not settled, the employee(s) can require that the matter be discussed with another representative of GRV appointed for the purposes of this procedure. 8.5.5 Internal process (a) If any party to the dispute or grievance who is covered by the Agreement refers the dispute or grievance to an established internal dispute or grievance resolution process, the matter must first be dealt with in accordance with that process. (b) If the dispute or grievance is not settled through an internal dispute or grievance resolution process, the matter can be dealt with in accordance with the processes set out below. (c) If the matter is not settled, GRV, an employee or a union covered by the Agreement and chosen as the employee representative may apply to FWC to have the dispute or grievance dealt with by conciliation. 8.5.6 Disputes of a Collective Character (a) The parties covered by the Agreement acknowledge that disputes of a collective character concerning more than one employee may be dealt with more expeditiously by an early reference to FWC. (b) No dispute of a collective character may be referred to 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. 8.5.7 Conciliation (a) Where a dispute or grievance is referred for conciliation, a member of FWC shall do everything that appears to the member to be right and proper to assist the parties to the dispute to agree on terms for the settlement of the dispute or grievance. (b) This may include arranging: (i) conferences of the parties to the dispute or their representatives presided over by the member; and, (ii) for the parties to the dispute or their representatives to confer among themselves at conferences at which the member is not present. (c) Conciliation before FWC shall be regarded as completed when: (i) the parties to the dispute have reached agreement on the settlement of the grievance or dispute; or,20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 48 OFFICIAL (ii) the member of FWC conducting the conciliation has, either of their own motion or after an application by either party, 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 grievance or dispute and the member does not have substantial reason to refuse to regard the conciliation proceedings as completed. 8.5.8 Arbitration (a) If the dispute or grievance has not been settled when conciliation has been completed, either party may request that FWC proceed to determine the dispute or grievance by arbitration. (b) Where a member of FWC has exercised conciliation powers in relation to the dispute or grievance, the member shall not exercise, or take part in the exercise of, arbitration powers in relation to the dispute or grievance if a party objects to the member doing so. (c) Subject to sub-clause 8.5.9 below, the determination of FWC is binding upon the persons covered by this Agreement. (d) An appeal lies to a Full Bench of FWC, with the leave of the Full Bench, against a determination of a single member of FWC made pursuant to this clause. 8.5.9 Conduct of Matters Before FWC Subject to any agreement between the parties to the dispute in relation to a particular dispute or grievance and the provisions of this clause, in dealing with a dispute or grievance through conciliation or arbitration, FWC may conduct the matter in accordance with Subdivision B of Division 3 of Part 5- 1 of the Act.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 49 OFFICIAL PART 9 – MISCELLANEOUS 9.1 Employment Records Employment records must be kept up to date at all times. The employee is to notify the payroll officer of any changes of name, address, and telephone number in order to update the employee’s records. Employees may request to view employment records kept by the payroll officer upon prior sufficient notice to the Senior Manager. 9.2 Right to Request Flexible Working Arrangements. 9.2.1 In accordance with and pursuant to section 65 of the FW Act, an Employee may request a change in their working arrangements on the basis of the following circumstances: (a) the employee is the parent, or has responsibility for the care, of a child who is of school age or younger; (b) the employee is a carer (within the meaning of the Carer Recognition Act 2010); (c) the employee has a disability; (d) the employee is 55 or older; (e) the employee is experiencing violence from a member of the employee’s family; (f) the employee provides care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because the member is experiencing violence from the member’s family. Note: Examples of changes in working arrangements include changes in hours of work, changes in patterns of work and changes in location of work. 9.2.2 To avoid doubt, and without limiting clause 9.2.1, an Employee who: (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; may request to work part-time to assist the Employee to care for the child. 9.2.3 An Employee is not entitled to make a request under this clause unless: (a) for an Employee other than a casual Employee – the Employee has completed at least 12 months of continuous service with the Employer immediately before making the request; or (b) for a casual Employee – the Employee: (i) is a long term casual Employee of the Employer immediately before making the request; and (ii) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis. 9.2.4 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.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 50 OFFICIAL 9.2.5 On receipt of a request by an Employee under this clause, the Employer must give the Employee a written response within 21 days, stating whether the Employer grants or refuses the request. 9.2.6 The Employer may only refuse the request on reasonable business grounds. 9.2.7 Without limiting what are reasonable business grounds for the purposes of clause 9.2.6, reasonable business grounds include the following: (a) that the new working arrangements requested by the Employee would be too costly for the Employer; (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; (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; (d) that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity; (e) that the new working arrangements requested by the employee would be likely to have a significant negative impact on customer service. 9.2.8 If the Employer refuses the request, the written response under clause 9.2.5 must include details of the reasons for the refusal. 9.3 Consultation 9.3.1 This clause applies if GRV: (a) proposes to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise that is likely to have a significant effect on the employees; or (b) proposes to introduce a change to the regular roster or ordinary hour of work of employees. (c) To avoid doubt, consultation means the full, meaningful and frank discussion of issues/proposals and the explanation and furnishing of explanatory documents and due consideration of the views of the relevant employees and their relevant recognized representatives/s, prior to implementation by any final decision. 9.3.2 Major Change For a major change referred to in clause 9.3.1 (a) GRV must notify the relevant employees and their Union of the decision to introduce the major change; and (b) sub-clauses 9.3.3 to 9.3.9 apply. 9.3.3 The relevant employees may appoint a representative for the purposes of the procedures in this clause. 9.3.4 If: (a) a Relevant employee appoints, or Relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise GRV of the identity of the representative;20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 51 OFFICIAL GRV must recognise the representative. 9.3.5 As soon as practicable after GRV has developed a change proposal GRV must: (a) discuss with the relevant employees and their representatives (if any): (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures GRV is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion — provide, in writing, to the relevant employees and their representatives (if any): (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 9.3.6 However, GRV is not required to disclose confidential or commercially sensitive information to the relevant employees. 9.3.7 GRV must give prompt and genuine consideration to matters raised about the major change by the relevant employees and their representatives (if any). Indicative reasonable timeframes are as follows: Step in Process Number of working days in which to perform each step. GRV advises employees and relevant Union covered by this Agreement of the proposed change. Not applicable. Response from Employees or the relevant Union covered by this Agreement. 5 days acknowledging receipt of written advice from GRV. GRV conducts a meeting with the relevant union/s and then a meeting with the affected employees. As soon as practicable once advice of the change has been communicated to the union/s and affected employees. Response from Employees and/or the relevant Union covered by this Agreement. Minimum of 14 days from the date of the meeting but no more than 21 days. Further GRV response (if relevant) 5 days following meeting. Alternative proposal from employees or the relevant Union covered by the Agreement (if applicable). 10 days following receipt of GRV’s response. GRV response to any alternative proposal 10 days following receipt of alternative proposal GRV notifies Union and affected employees of the outcome and if the proposal is to be implemented, any amended timeframe arising out of the consultation process. Within 10 days following receipt of alternative proposal 9.3.8 If a term in the Enterprise Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of GRV, the requirements set out in sub clauses 9.3.2(a), 9.3.3 and 9.3.5 are taken not to apply. 9.3.9 In 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 GRV’s workforce or to the skills required of employees; or20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 52 OFFICIAL (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs. Change to regular roster or ordinary hours of work 9.3.10 For a change referred to in paragraph 9.3.1 (b): (a) GRV must notify the relevant employees and their representatives (if any) of the proposed change; and (b) subclauses 9.3.11 to 9.3.15 apply. 9.3.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 9.3.12 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise GRV of the identity of the representative; GRV must recognise the representative. 9.3.13 As soon as practicable after proposing to introduce the change, GRV must: (a) discuss with the relevant employees and their representatives (if any) the introduction of the change; and (b) for the purposes of the discussion—provide to the relevant employees and their representatives (if any): (i) all relevant information about the change, including the nature of the change; and (ii) information about what GRV reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that GRV 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) and also invite their representative (if any) to give their views about that impact. 9.3.14 However, GRV is not required to disclose confidential or commercially sensitive information to the relevant employees. 9.3.15 GRV must give prompt and genuine consideration to matters raised about the change by the relevant employees. 9.3.16 In this term:20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 53 OFFICIAL relevant employees mean the employees who may be affected by a change referred to in clause 9.3.1 9.4 Costs of Employment Related Legal Proceedings 9.4.1 If an Employee is required to attend or participate in a proceeding, hearing, examination, inquiry or investigative process on matters which arise from the performance of the Employee’s duties, the Employer must meet the Employee’s reasonable legal costs relating to the Employee’s appearance and legal representation in the matter. This includes, but is not limited to, a matter before a Royal Commission, Independent Broad-based Anti-Corruption Commission, Ombudsman’s or a Coroner’s inquest. 9.4.2 Where legal proceedings are initiated against an Employee as a direct consequence of the Employee legitimately and properly performing his or her duties, the Employer will not unreasonably withhold agreement to meet the Employee’s reasonable legal costs relating to the defence of such proceedings. 9.4.3 Where, as a direct consequence of the Employee legitimately and properly performing his or her duties, it is necessary to obtain an intervention order or similar remedy against a person, the Employer will not unreasonably withhold agreement to meet the Employee’s reasonable legal costs in obtaining the order or other remedy. 9.4.4 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. 9.4.5 This clause shall not apply to any proceedings initiated by the employee against GRV in the Fair Work Commission, Equal Opportunity and Human Rights Commission, the Victorian Civil and Administrative Commission or related Tribunal/Court of competent jurisdiction relating to a grievance or claim which the employee may have against GRV in relation to their employment or termination of employment by GRV. 9.5 Union Representative Rights and Payroll Deductions 9.5.1 A nominated representative of a Union shall be released by GRV from normal duties for such periods of time as may be reasonably necessary to enable him or her to carry out his or her representative functions including, but not limited to, investigating any alleged breach of this Agreement, endeavouring to resolve any dispute arising out of the operation of this Agreement, participating in any bargaining, conciliation or arbitration process conducted under the provisions of the FW Act. Such release must not unduly affect the operations of GRV. 9.5.2 Members of a Union shall be permitted by GRV to post written material authorised by a Union in a place within the workplace to which members of that Union have convenient access, and to distribute such written material by appropriate means to Union members. 9.5.3 Employees will be allowed reasonable access to electronic communication devices to facilitate communication between Employees and/or the Union, provided that such communication is not offensive or improper. 9.5.4 GRV agree that it will deduct union dues from the salary of an individual member of the Union following receipt of a properly executed payroll deduction authority from the employee concerned.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 54 OFFICIAL 9.6 GRV Policies and Procedures 9.6.1 All employees must abide by GRV policies and procedures. 9.6.2 All employees are required to regularly review the policies that can be accessed from the GRV intranet site. Employees will be notified of any changes in GRV policies by email, or other means for those who do not access their GRV email account. Employees may nominate a representative to act as a liaison for the purposes for engaging Senior Management from time to time on matters of Policy and Procedure. GRV shall comply with clause 9.3 Consultation when a decision has been made to amend such policy/policies which meets the definition of “significant effect” on employees. 9.7 Renegotiation of the Agreement The parties agree to review the operation of this Agreement and commence negotiations for a new Agreement six months prior to the nominal expiry date of this Agreement subject to GRV being granted authority to negotiate a new Agreement by the Victorian Government.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 55 OFFICIAL Signatories to the Agreement The signatories to the Agreement are GRV and the undersigned Bargaining Representatives of GRV. SIGNED for and on behalf of GREYHOUND RACING VICTORIA by authorised officer Signature Witness Signature: ALAN CLAYTON Chief Executive Officer Name of witness: PAMELA RILEY General Manager, People & Culture 46-50 Chetwynd Street, West Melbourne 3003 46-50 Chetwynd Street, West Melbourne 3003 SIGNED for and on behalf of CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION by authorised officer Signature Witness Signature: WAYNE TOWNSEND Branch Assistant Secretary, CPSU/SPSF Victorian Branch Name of witness: TERRI CARR Industrial Officer Level 4/128 Exhibition Street, Melbourne 3000 Level 4/128 Exhibition Street, Melbourne 3000 la Costa Clickly 1 sunsend20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 56 OFFICIAL SIGNED for and on behalf of The AWU, THE AUSTRALIAN WORKERS’ UNION by authorised officer Signature 16 December 2020 Witness Signature: Ben Davis (or representative) Secretary, AWU Victorian Branch Name of witness: Elizabeth Hill 685 Spencer Street West Melbourne, VIC 3003 As a Bargaining Representative authorised under s.176 of the Fair Work Act 2009 (Cth) I am authorised to sign this Agreement. Signature Witness Signature: Name Name of witness: C/- 46-50 Chetwynd Street, West Melbourne 300320201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 57 OFFICIAL Schedule A – Salaries and Allowances Current 2016 EA Grade Current salary $ p.a. 2019 GRV Grade 2019 Salary from 12.8.20 (transitional rates) 2019 Salary from 12.08.2020 2% p.a. 2020 Salary from 20.08.2020 2% p.a. 2021 Salary from 01.07.2021 2% p.a. 2022 Salary from 01.07.2022 2% p.a. $ $ $ $ $ $ G1.1 $42,949 Gr 1.1 $45,729 $46,644 $47,576 $48,528 $49,499 G1.2 $43,759 Gr 1.1 $45,729 $46,644 $47,576 $48,528 $49,499 G1.3 $44,416 Gr 1.1 $45,729 $46,644 $47,576 $48,528 $49,499 G1.4 $45,074 Gr 1.1 $45,729 $46,644 $47,576 $48,528 $49,499 G1.5 $45,729 Gr 1.1 $45,729 $46,644 $47,576 $48,528 $49,499 G1.6 $46,667 Gr 1.2 $47,101 $48,043 $49,004 $49,984 $50,984 G1.7 $47,232 Gr 1.3 $48,034 $48,995 $49,975 $50,974 $51,994 G1.8 $47,950 Gr 1.4 $48,979 $49,959 $50,958 $51,977 $53,016 G2.1 $48,892 Gr1.4 $48,979 $49,959 $50,958 $51,977 $53,016 G2.2 $49,671 Gr 2.1 $51,918 $52,956 $54,015 $55,096 $56,198 G2.3 $50,266 Gr 2.1 $51,918 $52,956 $54,015 $55,096 $56,198 G2.4 $51,206 Gr 2.1 $51,918 $52,956 $54,015 $55,096 $56,198 G2.5 $52,963 Gr 2.2 $52,956 $54,015 $55,095 $56,197 $57,321 G2.6 $54,113 Gr2.3 $54,015 $55,095 $56,197 $57,321 $58,468 G2.7 $55,468 Gr 2.3 $54,015 $55,095 $56,197 $57,321 $58,468 G2.8 $56,387 Gr 3.1 $57,256 $58,401 $59,569 $60,760 $61,976 G3.1 $56,665 Gr 3.1 $57,256 $58,401 $59,569 $60,760 $61,976 G3.2 $57,161 Gr 3.2 $59,569 $60,760 $61,976 $63,215 $64,479 G3.3 $58,355 Gr 3.2 $59,569 $60,760 $61,976 $63,215 $64,479 G3.4 $59,405 Gr 3.2 $59,569 $60,760 $61,976 $63,215 $64,479 G3.5 $60,054 Gr 3.3 $60,760 $61,976 $63,215 $64,479 $65,769 G3.6 $60,832 Gr 3.4 $61,976 $63,215 $64,479 $65,769 $67,084 G3.7 $61,749 Gr 3.4 $61,976 $63,215 $64,479 $65,769 $67,084 G4.1 $62,515 Gr 4.1 $64,764 $66,060 $67,381 $68,729 $70,103 G4.2 $63,431 Gr 4.2 $66,060 $67,381 $68,729 $70,103 $71,505 G4.3 $64,343 Gr 4.3 $67,381 $68,729 $70,103 $71,505 $72,935 G4.4 $65,258 Gr 4.4 $68,729 $70,103 $71,505 $72,935 $74,394 G5.1 $66,175 Gr 5.1 $71,821 $73,258 $74,723 $76,217 $77,742 G5.2 $68,372 Gr 5.2 $73,258 $74,723 $76,217 $77,742 $79,297 Gr 5.3 $74,723 $76,217 $77,742 $79,297 $80,883 Gr 5.4 $76,217 $77,742 $79,297 $80,883 $82,500 G5.3 $77,628 Gr 5.5 $77,742 $79,297 $80,883 $82,500 $84,150 G6 $79,504 Gr 6 $81,240 $82,865 $84,522 $86,213 $87,93720201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 58 OFFICIAL Allowance Allowance as at 12.8.20 Allowance - 2% from 12.8.20. Allowance - 2% from 20.8.20 Allowance - 2% from 1.7.21 Allowance - 2% from 1.7.22 Meal -per occurrence $18.68 $19.05 $19.43 $19.82 $20.22 First Aid - per week $31.33 $31.96 $32.60 $33.25 $33.92 On Call - Monday to Friday - per day $60.14 $61.34 $62.57 $63.82 $65.10 On Call - Saturday (150%) - per day $90.20 $92.00 $93.84 $95.72 $97.64 On Call - Sunday (200%) - per day $120.27 $122.68 $125.13 $127.63 $130.18 On Call- Public Holidays (250%) per day $150.34 $153.35 $156.41 $159.54 $162.73 Overnight Stay Allowance per occurrence $63.46 $64.73 $66.02 $67.34 $68.69 Note: All 2020 increases are to apply from the above dates and shall be paid when the Agreement commences operation - seven days after the Fair Work Commission approves the Agreement.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 59 OFFICIAL Schedule B – Classification Definitions B.1 Administrative Officer B.1.1 Administrative Officer Grade 1 Positions at this level work under routine direction and undertake a combination of keyboard, clerical and other duties. The work initially requires the application of basic administrative procedures, office skills and routines such as receiving and dealing initially with clients and members of the public; the straight forward operation of keyboard equipment; filing; photocopying; collating; collecting and distributing; carrying out routine checks by simple comparisons; simple coding; maintaining basic records; mail procedures; obtaining or providing information about straightforward matters and routine user maintenance of office equipment. Keyboard tasks may include the keying of data containing unusual technical terms and/or non- standard complicated tables or diagrams which demand considerable judgment about layout, and the manipulation and interpretation of data before and during entry. Initially the work is performed under close direction using established routines, methods and procedures and there is little scope for deviating from these. Tasks are mixed to provide a variety of work experience; some may be of a routine operational nature. Problems can usually be solved by reference to procedures, well documented methods and instructions. Assistance is available if required when problems arise. The work may involve giving technical and procedural advice to other staff (for example relating to the operation of office equipment used in the work area). It may require some knowledge and application of specific procedures, instruction, regulations or other requirements relating to general administration (e.g. personnel or finance operations) and/or specific departmental programs or activities. Staff undertaking work at this level would normally become competent in individual tasks after a limited period of training or experience. Staff at this level may assist more senior officers in the tasks being undertaken by them. Work may include drafting basic material for inclusion in reports and submissions, issuing form or routine letters and checking applications for benefits or grants. Positions at this level have no supervisory responsibilities although more experienced staff may assist new staff by providing guidance and advice. B.1.2 Administrative Officer Grade 2 Positions at this level usually work under general direction and the work is subject to regular checks. Detailed instruction is not always necessary and there is scope for staff to exercise initiative in applying established work practices and procedures. This level encompasses a range or combination of operational, supervisory and administrative activities which require the application of skills and experience in office work and a general knowledge of the work to be performed. This is the first level which may include positions with a supervisory role. Supervisory positions involve the exercise of basic skills in personnel management and interpersonal communication. Work is usually performed under general direction and may require the interpretation of rules, regulations, guideline, instructions and procedures and the ability to undertake a range of duties requiring judgment, liaison and communication within an agency and with other interested parties. Tasks may include the preparation of straightforward reports and the provision of data for casework decision. The solution of problems may require the exercising of limited judgment, though guidance would be available in precedents, guidelines, procedures, regulations and instructions. The understanding of20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 60 OFFICIAL the information should allow decisions or policies relating to specific circumstances to be explained. Liaison within the agencies or with other interested parties may be necessary. Work at this level may involve the supervision of lower level positions. Occupants of positions at this level may be expected to resolve problems by minor modification to operational systems or by reference to procedures. Staff at this level may have input into, or undertake tasks associated with, improvements to office systems or operations. B.1.3 Administrative Officer Grade 3 Positions at this level usually work under general direction and require relevant experience combined with a broad knowledge of the agency’s functions and activities and a sound knowledge of the major activity performed within the work area. Positions with supervisory responsibilities may undertake some complex operational work and may assist with, or review, the work undertaken by subordinates or team members. Problems faced may be complex yet broadly similar to past problems. Solutions generally can be found in documented precedents, or in rules, regulations, guidelines, procedures and instructions, though these may require some interpretation and application of judgment. There is scope for exercising initiative in the application of established work practices and procedures. Work is usually performed under general direction and may involve preparing papers, briefing notes, correspondence or other written material and general administrative support to senior officers. Decisions made or delegations exercised at this level may have an impact on the relevant agency’s operations (e.g. on financial resources) but are normally of limited procedural or administrative importance. Positions at this level may have responsibilities for training operational and administrative staff. Functions may include organising training courses, assisting in the preparation of training material and, where courses are short and involve procedural or administrative subject matter, presenting those courses. Positions with supervisory responsibilities may be involved in working with staff to develop work performance; planning and coordinating tasks and workflow perhaps across a number of areas or activities and may involve the use of keyboard skills to perform supervisory, clerical or other operational duties. Positions requiring the use of keyboard skills may be included in this level only if the supervisory and/or other duties performed are consistent with the standard for this level. B.1.4 Administrative Officer Grade 4 Positions at this level usually work under general direction within clear guidelines and established work practices and priorities, in functions which require the application of knowledge, skills and techniques appropriate to the work area. Work at this level requires a sound knowledge of program, activity policy or service aspects of work performed within a functional element or a number of work areas. The work may cover a range of tasks associated with program, activity or service delivery to clients or other interested parties or administrative support to senior officers. Positions at this level are found in a wide variety of operating environments. With the exception of some specialist groups, this is the first level where tertiary qualifications may be required or desirable. The work is usually performed under general direction. Tasks may include providing administrative support to staff within technical or professional structures. This may include collecting and analysing data and information and preparing reports, publications, papers and submissions including findings and recommendations.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 61 OFFICIAL Decisions taken or delegations exercised at this level may have an impact on agency operations, but they are of limited management significance. Positions at this level may have supervisory responsibilities over staff operating a wide range of office equipment or undertaking a variety of tasks in the area of responsibility which may include planning and coordinating work across a number of work areas or activities. Staff in supervisory position would be expected to facilitate a participative decision making process and participate in decision making on issues relating to their work area. In some cases, the difficult aspects of the work in an area will be undertaken by a position at this level with responsibility for supervising staff at lower levels doing work of a similar but less difficult nature. The extent to which staff with supervisory duties become involved in the operational work of an area will depend on such factors as priorities, the complexity of the work and the number of staff supervised. Position providing administrative support to senior officers may be classified in this level provided the complexity of the operational or administrative tasks performed is comparable to tasks typical of this level. B.1.5 Administrative Officer Grade 5 Positions at this level work under general direction in relation to established priorities, task methodology and work practices to achieve results in line with the corporate goals of the agency. The work may include preparing preliminary papers, drafting complex correspondence for senior officers, undertaking tasks of a specialist or detailed nature, assisting in the preparation of procedural guidelines, providing or interpreting information for clients or other interested parties; exercising specific process responsibilities, and overseeing and coordinating the work of subordinate staff. Positions at this level are found in a variety of environments and may undertake the management function of a small local office within a regional office structure. Work is performed under general direction as to work priorities and may be of a professional, project, procedural or processing nature or a combination of these. Direction exercised over positions at this level may be less direct than at lower levels and is usually related to tasks methodologies and work practices. Staff would be expected to set priorities and to monitor workflow in the area of responsibility. Independent action may be exercised at this level, for example, developing local procedures, management strategies and guidelines. Operating guidelines, procedures or resource allocation will usually be determined by senior management. Any decisions taken or delegations exercised would be limited by the application of rules, regulations, guidelines or procedures. While the decisions may have a minor impact on agency resources, they are of limited management significance. The extent of supervisory responsibility would depend on the operational work of the area and factors such as work priorities, complexity of the work and the number of subordinate staff. B.1.6 Administrative Officer Grade 6 Positions at this level undertake various functions, under a wide range of conditions, to achieve a result in line with the corporate goals of the agency. Management of a program or activity in a central or regional office may be a feature of the work undertaken at this level. Immediate subordinate positions may include staff in technical or professional structures, in which case supervision relates to administrative purposes only. Positions at this level are found in a variety of operating environments and structural arrangements. The primary function may be: o managing the operations of a discrete organisational element, program or activity;20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 62 OFFICIAL o supervising the operations of an organisational element which is a part of a large office within a central or regional office environment; o under limited direction in relation to priorities and work practices, providing administrative support to a particular program, activity or administrative function; or o providing subject matter expertise or policy advice, including professional advice, across a range of programs or activities undertaken by the agency. Positions at this level may undertake the preparation of papers; investigate and present information with recommendations for decision by senior officers; draft responses to complex correspondence; undertake task of technical nature; undertake liaison and coordination within across functions including representing the agency at meetings, conferences and seminars; oversee and co-ordinate the work of other staff assisting with these tasks. Work is usually performed under limited direction as to work priorities and the detailed conduct of the task. Tasks may require professional knowledge and may involve some coordination within or across agency functions. Direction exercised over positions at this level includes, depending on the functional role of the position, the provision of advice, guidance and/or direction in relation to a project, detailed processing, or other work practices. Independent action may be exercised within constraints set by senior management. The operating guidelines, procedures or resource allocation may be determined by senior management. Any decision taken or delegation exercised tends to be governed by the application of rules, regulations or agency operating instructions or procedures. While such decisions may impact on agency operations and resources, they are usually limited to the specific work area involved. Supervisory responsibilities would usually depend on the role of the position in the organisation. Staff at this level would be expected to set and achieve priorities, monitor workflow and/or manage staffing resources to meet objectives. B.2 Technical Stream B.2.1 Technical Officer Grade 1 The technical officer at this level has a combination of simple and basic tasks associated with the area of work. Routine manual or intellectual procedures or tasks will be the main feature of positions at this classification. The technical officer provides assistance to senior technical staff and undertakes duties in accordance with standard procedures but under close supervision and direction. At this level there will be no supervisory responsibilities and no formal qualifications or experience is necessary. B.2.2 Technical Officer Grade 2 At this level the technical officer applies standardised practices and procedures in the conduct of a range of interrelated technical activities. The technical officer uses expertise, experience and technical skills as a broadly based technical practitioner within a single discipline and the work will be subject to routine direction from senior technical staff. Work at this level would require 12 months relevant experience or successful completion of Year 12 secondary school level studies or equivalent. B.2.3 Technical Officer Grade 3 At this level the technical officer carries out a range of clearly defined duties requiring interpretation, judgment, liaison and communication. It would be expected that they would use knowledge in a20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 63 OFFICIAL discrete technical discipline to determine which standard practices and procedures should be used and applied in the conduct of technical operations. In some cases, the technical officer may provide reports and recommendations to management on technical suitability of equipment, procedures, processes and results and/or they may have supervisory responsibility for lower level staff including training in the procedures, techniques and accounting for their work. At this level, the technical officer may specialise in a single discipline and work subject to general direction on objectives and responsibilities. The technical officer at this level may perform work which spans more than one discipline, either as an individual operator or within a team, or may lead project teams on small technical projects. Work at this level will require relevant experience which would provide a working knowledge of the employee’s functions and provide a sound knowledge of the major activities performed in the work area. At this level an advanced technical certificate (or an equivalent qualification) may be necessary. B.2.4 Technical Officer Grade 4 At this level, the technical officer is able to modify and adapt established principles/procedures. There may be a supervisory responsibility of an activity/work unit/program. In some cases, the employee may occupy a supervisory or specialist position and control of workflow. Some budget administration and forward planning may also be present. The technical officer may provide policy advice to senior staff and may operate in more than one field or discipline. The incumbent will receive general direction in terms of objectives, will review implementation by subordinate staff of priorities and instructions and liaise with other work units. Prepare and develop training needs and programs for subordinate staff. At this level the possession of an associateship diploma or equivalent qualification may be required. However relevant experience providing a sound knowledge of a wide variety of aspects of the work area and other associated areas may be preferred. B.3 Professional Officers B.3.1 Professional Officer Grade 1 The professional officer at this level has a combination of simple and basic tasks associated with the professional discipline, involving the provision of a service or information to support the work of others. The professional officer at this level undertakes duties in accordance with standard procedure and is under close supervision and direction. The incumbent has no supervisory responsibilities and is expected to resolve minor problems. At this level no formal qualifications or experience is required. B.3.2 Professional Officer Grade 2 The professional officer at this level may be allocated assignments of a limited scope and complexity and may comprise a minor phase of a broader or complex assignment. The incumbent may be required to assist senior staff in carrying out complex tasks or procedures, select and apply established principles, procedures and methods and exercise judgment and initiative in recognising the significance of deviations from the norm where standard approaches are used. The incumbent may be required to design, co-ordinate and check work of sub-professional staff required to work on a common project.20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 64 OFFICIAL The work may be specifically directed and closely supervised by higher level professional staff and may be assigned by oral or written instruction which may include details of methods and procedures to be followed. The incumbent will possess sound theoretical knowledge gained by satisfactory completion of an appropriate course of study at a recognised tertiary institution or through experience which is appropriate for the efficient discharge of the duties of the position at this level. B.3.3 Professional Officer Grade 3 At this level, the professional officer performs normal professional work where assignments may be broad in scope and involve complex technical problems. It will be expected that the incumbent will exercise a high degree of independence in the selection and application of established principles, technologies, procedures and methods, and exercise independent judgment and initiative in recognising when established approaches may require amplification, adoption or modification. The professional officer at this level may work alone and may assign, co-ordinate and check work of subordinate staff required to work on a common project and provide limited professional guidance to others. Specific direction is given as to objectives, but professional directions are limited to unusual features of assignments. Guidance may be required for the complex approaches. The professional officer at this level must have sound professional knowledge gained through satisfactory completion of an appropriate course of study at a recognised tertiary institution. In some cases, such knowledge may be gained through experience working at this level. The incumbent will have demonstrated skills and possess experience in professional, communicative and administrative aspects of the work. B.3.4 Professional Officer Grade 4 At this level, the professional officer may be managerial, a specialist position or a combination of both. The incumbent may be responsible for the sustained supervision of an activity or program of a work unit involving normal professional work or responsible for a highly complex, novel or critical activity in an aspect of professional work where it is necessary to select and/or modify and adapt established principles, technologies, procedures and methods. The professional officer may be required to assign, co-ordinate and verify the work of subordinate staff in a work unit engaged in professional activities or programs and/or provide authoritative professional guidance to others. General direction is given in terms of objectives and priorities, including critical areas which may impinge on work of other units. Decisions concerning normal professional work are not usually subject to review. Expert professional advice may be obtained from consultants to resolve highly complex issues. The professional officer at this level provides a significant input into the policy formulation and execution of programs which may be associated with one or more areas of an employer’s operations. May assist a more senior professional in the direction of professional activities in an institution. Sound theoretical knowledge is required, and this knowledge may be gained through the satisfactory completion of an appropriate course of study, and/or wide experience in a professional activity. The incumbent would be expected to demonstrate a capacity to manage human and material resources. B.3.5 Professional Officer Grade 520201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 65 OFFICIAL The professional officer at this level may be either a manager or a senior specialist or have a combination of both functions. The incumbent will be responsible for the professional, economic and administrative management of a professional work unit engaged in complex activities or programs requiring the allocation of significant human and material resources and/or the provision of practical and economic solutions to highly complex professional problems in an aspect of professional work. In addition, the professional officer at this level will be responsible for developing, implementing, reviewing major policies, objectives and strategies involving high level liaison/consultation with client areas (internal and external) and/or the exercise originality and ingenuity for devising practical and economic solutions to complex problems. Authority may be exercised over other specialists engaged in complex professional applications. At this level, the professional officer may be required to possess post-graduate qualifications for some specialist positions. Extensive experience in the specialist field or management of human and material resources is necessary. The incumbent will possess a comprehensive knowledge of the relevant programs. B.4 General/Field Work Worker B.4.1 General/Field Work Worker level 1 (FW 1) A FW 1 works under general supervision. An employee at FW 1 will have: successfully completed, in accordance with RPL principles, a skills test equivalent to the required competency standards; or successfully completed a relevant structured training program equivalent to the required competency standards; or obtained skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards. An employee at the FW 1: is responsible for the quality of their own work subject to general supervision; works under general supervision either individually or in a team environment; exercises discretion within their level of skills and training; works in a safe manner; identifies basic faults in materials and equipment; interacts harmoniously with employees; adapts to a changing work environment; communicates essential information; and works from instructions and procedures articulated in written, spoken and/or diagrammatic form. Skills and duties An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience and will undertake indicative tasks and duties within the scope of skills they possess. An employee at this level may be required to perform a range of duties across the skill streams contained within this Agreement. An employee at this level:20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 66 OFFICIAL works from instructions and procedures; assists in the provision of on-the-job training to a limited degree; co-ordinates work in a team environment or works individually under general supervision; is responsible for assuring the quality of their own work; B.4.2 General/Field Worker level 2 (FW 2) FW 2 works under limited supervision. A FW 2 will: have completed in accordance with RPL principles a Skills Test equivalent to the required competency standards; or have completed relevant structured training equivalent to the required competency standards; or successfully completed formally recognised accredited training so as to enable the employee to perform work within the scope of this level; or obtained skills equivalent to the above gained through work experience subject to competency testing to the prescribed standard. Skills and duties An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience and will undertake indicative tasks and duties within the scope of skills they possess. An employee at this level may be responsible for the supervision of one or more employees working at FW 1 level. An employee at this level: o assists with the provision of on-the-job training; o assumes responsibility for allocating tasks within the area of the employee’s skill, competence and training; o works from complex instructions and procedures; o co-ordinates work in a team environment or works individually under general supervision; o is responsible for assuring the quality of their work; o works in a safe manner; B.4.3 General/Field Worker level 3 (FW 3) A FW 3 works individually or in a team environment in one or more skill streams contained within this Agreement. A FW 3 will: have successfully completed a relevant trade apprenticeship or its AQF equivalent; or have successfully completed, in accordance with RPL principles, a Skills Test for this level; or have successfully completed the required competency standards; or obtained skills equivalent to the above gained through work experience subject to competency testing to the prescribed standard, any one of which will qualify the employee as a FW 3. Skills and duties20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 67 OFFICIAL An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience and will undertake indicative tasks and duties within the scope of skills they possess. An employee at this level may be responsible for the supervision of one or more employees working at FW 1 or FW 2 level. An employee at this level: o understands and applies quality control techniques; o exercises discretion within the scope of this grade; o performs work of a trades or non-trades nature which is incidental or peripheral to the employee’s main function and facilitates the completion of the whole task; o is able to inspect produces and/or materials for conformity with established operational standards; o assists in the provision of on-the-job training; o performs work under limited supervision either individually or in a team environment. B.5 Animal Welfare Inspectors (“AWI”) classifications. B.5.1 Required Qualifications and Appointment of AWI’s by GRV An AWI will be required to: undertake the necessary modules required by GRV covering statutory compliance and investigation or equivalent qualification determined by the Minister and/or; be appointed by the Minister as an Authorised Officer under s. 71A of the Domestic Animals Act 1994 (Vic) (DA Act) and/or s.18 of the Prevention of Cruelty to Animals Act 1986 (Vic) (PCA Act) to perform functions as a General or Specialist Inspector under the legislation. B.5.2 AWI Level 1. Is an employee who meets the criteria provided for in Item B5.1 and: conducts kennel inspections/audits to assess the health and welfare of the greyhounds and conditions under which they are kept in accordance with the requirements of GRV Local Rules, guidelines and policies; may be required to give directions/orders to the person who is the subject of the inspection/audit regarding improvements, modifications or rectification of breaches of the DA Act; may be required to gather information regarding planning permits of Municipal Councils or neighbour complaints and act a liaison between other regulatory bodies, including operating as a member or lead Officer in of a joint operation between Council, and the RSCPA; may be required to seize and support with documentary information deceased greyhounds, cages, animal remains, drugs, or any other items that an AWI suspects is connected to an alleged offence under relevant legislation; Assist in the collection and giving of evidence before disciplinary tribunals or courts with respect to alleged breaches under relevant legislation;20201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 68 OFFICIAL AWI’s may work in pairs or teams when conducting kennel inspections or individually when completing tasks associated with kennel inspections such as drafting reports, making recommendations and drafting correspondence regarding animal welfare issues. B.5.3 AWI Level 2 – Senior Inspector Is an employee who meets the criteria and indicative tasks for an AWI 1 and who is also required to: supervise other AWI’s and ancillary staff; contribute to the overall planning of team activities; provide guidance and mentor less experienced AWAO’s; develop and implement team policies and protocols, and undertake project tasks as directed. B.6 Race Day Operations (RDO) and Greyhound Adoption Program (GAP) Employees These classifications cover employees who are engaged to work at race meetings or engaged to work as attendants undertaking tasks with respect to the greyhound adoption program. B.6.1 RDO – Level 1. This classification shall apply to functions such as a Kennel Attendant. Such functions are assessed to be appropriately graded as a Schedule A Grade 1. B.6.2 RDO – Level 2 The Assistant Race Day judges report to the Race Day Judge and assist judging the outcome of a race and entering the results of the race. Assistant judges are assessed to be appropriately graded as a Schedule A Grade 2 (whilst in training) or Grade 3 (upon successful completion of training) employee under this Agreement dependent upon the skill and responsibility exercised by the employee. B.6.3 RDO – Level 3 The Race Day Kennel Supervisor is an employee who is responsible for kennel security at the race meeting and for ensuring that all procedures and protocols pre and post-race are complied with by industry participants. Kennel Supervisors are assessed to be appropriately graded as a Schedule A Level 3 or 4 under this Agreement which shall be determined by GRV based on the skill and responsibility of the role. Once allocated to Grade 4 under the classification structure, a Race Day Kennel Supervisor shall maintain that classification. B.6.4 RDO – Level 4 The Race Day Lure Driver is an employee responsible for operating the mechanical synthetic lure (or hare) to ensure that the lure runs at a prescribed distance in front of the leading greyhound during a race. Lure Drivers are assessed to be appropriately classified as a Schedule A Grade 3 (if an individual employee has not yet achieved accreditation) or Grade 4 (if an employee has been accredited to undertake the function without supervision) under this Agreement. Once allocated to Grade 4 under the classification structure, a Lure Driver shall maintain that classification. B.6.5. RDO – Level 520201216_GRV_Employee Enterprise Agreement 2019 – 2023_Final 69 OFFICIAL The Race Day judge is an employee qualified to judge the outcome of a race and enter the results of the race. Judges are assessed to be appropriately graded as a Schedule A Grade 4 employee under this Agreement. B.6.6 GAP Operations Staff – Level 1. A GAP Level 1 employee is engaged to assist in the management of greyhounds in the GAP program under the close supervision of a more senior employee and who is required to ensure that the kennel facilities are kept and maintained in a clean and hygienic condition. .GAP Level 1 employees are assessed to be appropriately classified as Schedule A Grade 1 under this Agreement. B.6.7 GAP Operations Staff – Level 2 GAP Level 2 employees may be required to undertake the functions of a Level 1 employee and in addition, be required to transport greyhounds to and from GRV facilities. Such employees shall be required to take reasonable care of the greyhound/s and ensure, as far as practicable, that the greyhound/s are transported in a safe fashion. GAP Level 2 employees (not necessarily involved in the transport of greyhounds) may be required to undertake the functions of a Level 1 employee and in addition, will also be required to behaviourally assess greyhounds to be rehomed to determine if the dog/s will meet the “green collar” standard as determined from time to time by GRV. Such employees will liaise with external clients and assist with the education of internal and external clients about the best practice method of rehabilitating greyhounds to be rehomed. GAP Level 2 employees are assessed to be appropriately classified as a Schedule A Grade 2 under this Agreement. B.6.8 All employees other than GAP Operations staff shall be classified in accordance with the Administrative stream contained in this Agreement.