1
Fair Work Act 2009
s.185—Enterprise agreement
Parliament of Victoria
(AG2021/7669)
ELECTORATE OFFICERS (VICTORIA) SINGLE ENTERPRISE
AGREEMENT 2021.
State and Territory government administration
DEPUTY PRESIDENT YOUNG MELBOURNE, 18 OCTOBER 2021
Application for approval of the Electorate Officers (Victoria) Single Enterprise Agreement
2021
[1] Parliament of Victoria (the Employer) has made an application for approval of an
enterprise agreement known as the Electorate Officers (Victoria) Single Enterprise Agreement
2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement
is a single-enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached
at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any
employee covered by the Agreement and the undertakings will not result in substantial changes
to the Agreement. The undertakings are taken to be a term of the Agreement.
[3] Subject to the undertakings referred to above, and on the basis of the material contained
in the application, and the accompanying statutory declaration and the additional information
provided by the Employer, and having heard from the parties, I am satisfied that each of the
requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have
been met.
[4] The Community and Public Sector Union, being a bargaining representative for the
Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement.
In accordance with s 201(2) and based on the statutory declaration provided by the organisation,
I note that the Agreement covers the organisation.
[2021] FWCA 6314
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
[2021] FWCA 6314
2
[5] The Agreement was approved on 18 October 2021 and, in accordance with s 54, will
operate from 25 October 2021. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE513554 PR734980
ALOF THE FAIR YORK TRALINA VOISSIMIN
[2021] FWCA 6314
3
Annexure A
IN THE FAIR WORK COMMISSION
FWC Matter No.: AG20·21 n669
Applicant: Parliament of Victoria
Section 185-Application for approval of a single enterprise agreement
Undertaking - Section 1 '90
I. Peter Lochert. Se:retary of the Department of Parliamenta ry Services have the authority
g iven to me lby U,e Pr-esiclingi Officers, the Hon. Colin Brooks ML.A, Speiaker of the Legis,ative
Assembly a11d the Hon. Nazih Elasmar MLC. President of the Legislative Coa,mc,il, acting
j,oint ly, to give the following undertakings with respect to the Efectorate Offioers' (Victoria)
Singfe Enterprise Agreement 2021 ("ttle Agreement"):
Clause 27.A Abandonment of Employment
Clau se 27.4 is subject o t11e Requirements for Nolioo orTe1 mina liu11 uullim:itJ i11
section 11 7 of the Fair Work Act 2009.
The-se undertakin91s are provided on the basis of issues raised by u,e Fair Work Commission
in the applicart.io11 before he Fai r Work Commission.
, l o. /Loz/
Date
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/7669 Applicant: Parliament of Victoria Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 1. Peter Lochert, Secretary of the Department of Parliamentary Services have the authority given to me by the Presiding Officers, the Hon. Colin Brooks MLA, Speaker of the Legislative Assembly and the Hon. Nazih Elasmar MLC, President of the Legislative Council, acting jointly, to give the following undertakings with respect to the Electorate Officers' (Victoria) Single Enterprise Agreement 2021 ("the Agreement"): Clause 27.4 Abandonment of Employment Clause 27.4 is subject to the Requirements for Notice of Termination outlined in section 117 of the Fair Work Act 2009. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission 8. 10.2021 Signature Date
ELECTORATE OFFICERS’
(Victoria)
SINGLE ENTERPRISE AGREEMENT 2021
HillS
New Stamp
Table of Contents
PART 1 – APPLICATION AND OPERATION OF THE AGREEMENT
1 Agreement title 4
2 Definitions 4
3 Objectives of the agreement 5
4 Period of operation 5
5 Application of the agreement and parties bound 6
6 Savings provisions and relationship to other awards and agreement 6
7 Anti-Discrimination 6
PART 2 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION
8 Implementation of change 7
9 Disputes and grievances 9
10 Gender Equality 12
11 Managing work underperformance 15
12 Consultative committee 17
13 Employee assistance program 17
14 Learning and career development 17
15 Capability payment 18
16 Right of entry 18
17 Electronic communications 18
18 Workplace Training leave 18
19 Home based work 18
20 Screen based eye testing 19
21 Individual flexibility arrangements 19
PART 3 – EMPLOYMENT ARRANGEMENTS
22 Employment categories and entitlements 21
23 Duties of an employee 22
24 Workload 22
25 Childcare 23
26 Cost of employment related legal proceedings 23
27 Termination of employment 24
28 Agreed separation 26
29 Employees nominating for election 27
PART 4 – CLASSIFICATION AND SALARY
30 Classification and salary 28
31 Incremental progression 30
32 Higher duties allowance 31
33 Payment of salaries 31
34 Superannuation 31
35 Supported wage system 32
36 Salary packaging 32
37 Accident compensation (WorkCover) 32
38 Hours of work 33
39 Meal breaks 33
40 Workload management 33
41 Reimbursement of expenses 34
Electorate Officers (Victoria) Single Enterprise Agreement 2021 Page 3 of 76
PART 5 – LEAVE
42 Standard day for approved leave purposes 35
43 Public holidays 35
44 Annual leave 37
45 Personal/carer’s leave 40
46 Compassionate leave 43
47 Long service leave 45
48 Recognised service for personal and long service leave purposes 47
49 Family Violence leave 48
50 Parental leave 50
51 Miscellaneous leave 63
52 Occupational health and safety leave 68
53 First aid allowance 68
54 Purchased leave 69
PART 6 – OCCUPATIONAL HEALTH AND SAFETY
55 Accident make up pay 70
56 Occupational health and safety and rehabilitation 70
57 Industrial relations / Occupational health and safety training 72
58 Facilities equipment and accommodation – General 73
59 Agreement compliance and Union related matters 73
Schedule 1 75
Signatories 76
I I I
Electorate Officers (Victoria) Single Enterprise Agreement 2021 Page 4 of 76
PART 1 – APPLICATION AND OPERATION OF THE AGREEMENT
1. AGREEMENT TITLE
This Agreement shall be known as the Electorate Officers (Victoria) Single Enterprise
Agreement 2021.
2. DEFINITIONS
In this document, unless otherwise provided:
“Accredited Representative of the Union” means an officer or Employee of the CPSU or
a workplace delegate accredited by an authorised officer of the CPSU
“Accredited course of study” means undertaking study towards a recognised Certificate,
Diploma, Degree, Masters or Doctorate.
“CPSU” means the Community and Public Sector Union.
“Employee” means any person employed in the electorate office of a Member as an
Electorate Officer engaged pursuant to Part 4, section 30 of the Parliamentary
Administration Act 2005 who is covered by this Agreement, and any Electorate Officer
assigned to assist a Member, Members or parliamentary party in research, advisory,
media and support roles that are covered by this Agreement.
“Employer” means the President and the Speaker of the Parliament of Victoria who may
delegate the status of Employer to the Secretary and/or Director, Resource Management
of the Department of Parliamentary Services who may exercise the powers of Employer
as duly authorised.
“Fair Work Regulations 2009” means the Regulations as amended from time to time or
any successor to these regulations.
“Fortnightly salary” means an employee’s annual salary divided by 365.25 multiplied by
14.
“FW Act” means the Fair Work Act as amended from time to time or any successor to
this Act.
“FWC” means Fair Work Commission or its successor.
“Member” means the Member of Parliament of Victoria or delegate to whom the
Employee reports
“National Employment Standards” means the key minimum entitlements for all
employees guaranteed in legislation.
“Opposition Advisor” refers to an advisor who is employed to work for the Office of the
Leader of the Opposition.
Electorate Officers (Victoria) Single Enterprise Agreement 2021 Page 5 of 76
“Parliamentary Administration Act 2005” means the Act as amended from time to time,
or any successor to that Act.
“Party or Parties” means the Employer, the Employee and the Union
“Public Holiday” means a day that is a public holiday pursuant to clause 43 of this
agreement
“Tribunal” means Fair Work Commission
“Union or CPSU” means the Community and Public Sector Union
3. OBJECTIVES OF THE AGREEMENT
3.1 This Agreement is made by the Parties in a spirit of trust and goodwill to further the aims
of the Parliament of Victoria and the employment interests of the Employees and to
enhance a constructive working relationship.
3.2 The Parties to the Agreement are committed to:
(a) Achieving best practice in the management and administration of electorate offices
of Members and to improving services to the people of Victoria as the interface
between them and Members.
(b) The continued improvement in efficiency, quality of process, procedures and
outcomes. The Parliament of Victoria recognises through the Employees entering
into the Agreement that they have made a commitment to work productively and
in the public interest.
(c) Work constructively together to achieve the objectives of constituent satisfaction,
promoting a collegiate and harmonious working environment and to observe the
spirit of the Agreement. They therefore acknowledge that it is desirable to develop
an improved process of competency assessment and training needs analysis, which
the Parties agree to negotiate in good faith.
4. PERIOD OF OPERATION
4.1 This Agreement shall commence operation 7 days from the date on which FWC approves
the Agreement and will have a nominal expiry date of 30 June 2025.
4.2 With the aim of avoiding protracted negotiations for a new agreement, the parties agree
to a renegotiation period. The renegotiation period shall be from 20 January 2025 to 30
June 2025 and will be facilitated through the Consultative Committee established by
clause 12.
4.3 The aim of the renegotiation period is to permit a new agreement to be reached in 2025.
To meet this objective, the parties agree that:
(a) each party will provide any proposals for change to the agreement by 20 January
2025
Electorate Officers (Victoria) Single Enterprise Agreement 2021 Page 6 of 76
(b) they will meet regularly to progress negotiations in good faith.
4.4 During this period, the parties will not act in a manner that is designed to frustrate good
faith bargaining.
5. APPLICATION OF THE AGREEMENT AND PARTIES BOUND
5.1 This Agreement is made under section 172 of the Fair Work Act 2009 between the
Employer and the Employees covered by the Agreement.
5.2 This Agreement shall apply to and be binding upon:
(a) the Parliament of Victoria in respect of all Employees (as defined in clause 2);
(b) all Employees whose employment is, at any time when this Agreement is in
operation, subject to this Agreement; and
(c) the union, if FWC notes in its decision to approve the Agreement, that the
Agreement covers the union.
6. SAVINGS PROVISIONS AND RELATIONSHIP TO OTHER AWARDS AND
AGREEMENT
6.1 This Agreement operates to the exclusion of all previous awards and orders of FWC and
replaces all previous industrial instruments under the FW Act in respect of the
Employees. However, any entitlement in the nature of an accrued entitlement to an
individual’s benefit, which has accrued under any such previous industrial instrument will
not be affected by the making of this Agreement.
The Employees, the Employer and the union covered by this Agreement, agree that they
will not for the period from the date of commencement of this Agreement until 20
January 2025 make claims for the making of a further enterprise agreement under the
Fair Work Act, whether in relation to matters dealt with in this Agreement or otherwise.
6.2 No Employee will have his or her pay or conditions reduced as a result of the making of
this Agreement.
6.3 The policies and procedures of the Employer are not incorporated into the Agreement.
The Agreement prevails to the extent of any inconsistency.
7. ANTI-DISCRIMINATION
7.1 It is the intention of the Parties to this Agreement to achieve the principal object in
section 336(c) of the FW Act through respecting and valuing the diversity of the
workforce by helping to prevent and eliminate discrimination on the basis of race, colour,
sex, sexual preference, age, physical or mental disability, marital status, family or carer’s
responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
7.2 Accordingly, in fulfilling their obligations under the Disputes and Grievances procedures,
the Parties must make every endeavour to ensure that neither the Agreement provisions
nor their operation are directly or indirectly discriminatory in their effects.
Electorate Officers (Victoria) Single Enterprise Agreement 2021 Page 7 of 76
7.3 Nothing in this clause is to be taken to affect:
(a) any different treatment (or treatment having different effects) which is specifically
exempted under the Commonwealth anti-discrimination legislation;
(b) an Employee, Employer or registered union pursuing matters of discrimination in
any State or Federal jurisdiction, including by application to the Australian Human
Rights Commission;
(c) exemptions in sections 351(2) and 772(2) of the FW Act or the operation of sections
772(3) and 772(4) of the FW Act.
Electorate Officers (Victoria) Single Enterprise Agreement 2021 Page 8 of 76
PART 2 – COMMUNICATION, CONSULTATION AND DISPUTE
RESOLUTION
8. IMPLEMENTATION OF CHANGE
8.1 Where the Employer is considering significant change, such as a restructure of the
workplace, the introduction of new technology or changes to existing work practices of
Employees, the Employer will advise the affected Employees and their chosen
representative, including CPSU representative of the proposed change as soon as
practicable after the proposal has been made. The Employer will advise the affected
Employees and their chosen representative, including CPSU representative of the likely
effects on the Employees’ working conditions and responsibilities. The Employer will
advise of the rationale and intended benefits of any change.
8.2 The Employer will regularly consult on the proposed change with affected Employees and
their chosen representative, including CPSU representative, and give prompt
consideration to matters raised by the Employees or their chosen representative,
including CPSU representative, and where appropriate provide training for the
Employees to assist them to integrate successfully into the new structure.
8.3 In accordance with this clause, the Employees or their chosen representative, including
CPSU representative may submit alternative proposals, which will meet the indicated
rationale and benefits of the proposal. Such alternative proposals must be submitted in
a timely manner so as not to lead to an unreasonable delay in the introduction of any
contemplated change. If such a proposal is made, the Employer must give just cause to
the Employees and their chosen representative, including CPSU representative, if the
Employer does not accept its proposals.
8.4 Any dispute concerning the Parties’ obligations under this clause shall be dealt with in
accordance with the disputes and grievances clause of this Agreement.
8.5 Consultation on Change to Regular Rosters or Ordinary Hours of Work
(a) This clause applies if the Employer proposes to introduce a change to the regular
roster or ordinary hours of work of Employees.
(b) The Employer must notify the relevant Employees of the proposed change.
(c) The relevant Employees may appoint a representative, including CPSU
representative, for the purposes of the procedures in this sub-clause
(d) If:
(i) a relevant Employee appoints or relevant employees appoint, a
representative, including CPSU representative for the purposes of
consultation; and
(ii) the Employee or Employees advise the Employer of the identity of the
representative
the Employer must recognise the representative.
Electorate Officers (Victoria) Single Enterprise Agreement 2021 Page 9 of 76
(e) As soon as practicable after proposing to introduce the change, the Employer
must
(i) discuss with the relevant employees the introduction of the change; and
(ii) for the purposes of the discussion – provide to the relevant Employees
all the relevant information about the change, including the nature of
the change on the Employees; and
information about what the Employer reasonably believes will be the
effects of the change on the Employees; and
information about any other matter that the Employer reasonably
believes are likely to affect the Employees; and
(iii) 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).
(f) However, the Employer is not required to disclose confidential information to the
relevant Employees.
(g) The Employer must give prompt and genuine consideration to matters raised
about the change by the relevant Employees.
9. DISPUTES AND GRIEVANCES
9.1 Resolution of disputes and grievances
(a) Unless otherwise provided for in this agreement, a dispute or grievance about a
matter arising under this agreement, other than termination of employment, must
be dealt with in accordance with this clause.
(b) The Employer, the Members and the Employees accept that the prevention and/or
resolution of any dispute or grievance about a matter arising under this agreement
should be by consultation and direct negotiation.
(c) This clause does not apply to any dispute on a matter or matters arising in the
course of bargaining in relation to a proposed enterprise agreement.
(d) A person covered by this agreement may choose to be represented at any stage by
a representative, including a union representative or Employer’s organisation.
9.2 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.
Electorate Officers (Victoria) Single Enterprise Agreement 2021 Page 10 of 76
(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 the Member of this concern and has not
unreasonably failed to comply with a direction by the Member to perform other
available work that is safe and appropriate for the Employee to perform.
(c) No person covered 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.
9.3 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 the Employer, he or she must be released by the Employer
from normal duties for such periods of time as may be reasonably necessary to
enable him or her 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;
(ii) endeavouring to resolve a dispute arising out of the operation of this
Agreement; or
(iii) participating in conciliation, arbitration or any other agreed alternative
dispute resolution process.
(b) The release from normal duties referred to in this clause is subject to the proviso
that it does not unduly affect the operations of the Employer.
9.4 Discussion of grievance or dispute
(a) The dispute or grievance must first be discussed by the aggrieved Employee(s) with
the Member.
(b) The parties shall meet and confer in an attempt to resolve the dispute.
(c) If the matter is not settled, the Employee(s) can require that the matter be
discussed with another representative of the Employer appointed for the purposes
of this procedure.
9.5 Internal process
(a) If any party to the dispute or grievance who is covered by this Agreement refers to
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,
provided that the process is conducted as expeditiously as possible
(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.
Electorate Officers (Victoria) Single Enterprise Agreement 2021 Page 11 of 76
(c) Any internal process must be conducted in accordance with the principles of
natural justice and procedural fairness. As part of an internal process, the Parties
to the dispute or grievance may agree to involve a mutually agreed independent
person to assist in resolution of the dispute or grievance. Agreement will not
unreasonably be withheld.
(d) If the matter is not settled, a party to the dispute may apply to FWC to have the
dispute or grievance dealt with by conciliation.
9.6 Disputes of a collective character
(a) The parties acknowledge that disputes of a collective character concerning more
than one Employee may be dealt with more expeditiously by an early reference to
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
its being referred to FWC.
9.7 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 the settlement terms.
(b) This may include arranging:
(i) conferences of the parties to the dispute presided over by the member; and
(ii) for the parties to the dispute to confer among themselves at conferences at
which the member is not present
(c) Conciliation before 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
(ii) the member of FWC conducting the conciliation has, either of their own
motion or after an application by a party to the dispute, satisfied themselves
that there is no likelihood that within a reasonable period further conciliation
will result in a settlement; or
(iii) the parties to the dispute have informed the FWC member that there is no
likelihood of agreement on the settlement of the grievance or dispute and
the member does not have substantial reason to refuse to regard the
conciliation proceedings as completed.
9.8 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.
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(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 clause 9.8(d) below, the determination of FWC is binding upon the
persons covered by this Agreement
(d) A determination of a single member of the FWC made pursuant to this clause may,
with the permission of the Full Bench of FWC be appealed.
9.9 General powers and procedures of Fair Work Commission
(a) 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 FW Act.
10 GENDER EQUALITY
10.1 Gender Pay Equity Principles
The provisions of this Agreement are to be interpreted consistently with the following
gender pay equity principles:
(a) Establishing equal pay for work of equal or comparable value: Equal or
comparable value refers to work valued as equal in terms of skill, effort,
responsibility and working conditions. This includes work of different types.
(b) Freedom from bias and discrimination: Employment and pay practices are free
from the effects of unconscious bias and assumptions based on gender.
(c) Transparency and accessibility: Employment and pay practices, pay rates and
systems are transparent. Information is readily accessible and understandable.
(d) Relationship between paid and unpaid work: Employment and pay practices
recognise and account for different patterns of labour force participation by
workers who undertaking unpaid and/ or caring work.
(e) Sustainability: Interventions and solutions are collectively developed and agreed,
sustainable and enduring.
(f) Participation and engagement: Workers, unions and employers work
collaboratively to achieve mutually agreed outcomes.
10.2 Meaning of ‘pay’
In this clause, ‘pay’ refers to remuneration including but not limited to salary, bonuses,
overtime payments, allowances and superannuation.
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10.3 Commitment to collaborative approach to achieving gender pay equity
The Employer will work collaboratively with Employees and the Union to identify,
support and implement strategies designed to eradicate the gender pay gap, gender
inequality and discrimination.
10.4 Claims relating to systemic gender equality issues
(a) A systemic gender equality issue means an issue of a systemic nature within the
Employer which adversely affects a class or group of employees of the Employer,
relating to:
(i) The gender composition of any or all workforce levels of the Employer; or
(ii) The gender composition of governing bodies; or
(iii) Equal remuneration for work of equal or comparable value across any or all
workforce levels of the Employer irrespective of gender; or
(iv) Sexual harassment in the workplace; or
(v) Availability and utilisation of terms, conditions and practices in the workplace
relating to family violence leave, flexible working arrangements and working
arrangements supporting Employees with family or caring responsibilities; or
(vi) Gendered workplace segregation.
(b) The Union and/or a class or group of Employees (Claimant/s) may seek resolution
of a dispute relating to a systemic gender equality issue (Claim) in accordance with
this clause.
(c) A Claim or Claims under this clause must be made in writing to the Employer.
(d) In the first instance the Claim should include sufficient detail for the Employer to
make a reasonable assessment of the nature of the Claim, the employees
impacted by the Claim and any proposals to resolve the Claim.
(e) The Employer must meet and discuss the Claim with the Claimant prior to
responding to the Claim.
(f) The Employer must respond to the Claim in writing to the Claimant/s, within a
reasonable time, including enough details in the response to allow the Claimant
to understand the Employer’s response to each element of the Claim, including
reasons why the Claim is accepted or rejected.
(g) If the Claim is unable to be resolved between the Employer and the Claimant/s,
either the Claimant/s or the Employer may refer the Claim to the Public Sector
Gender Equality Commissioner (Commissioner) to deal with.
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(h) In dealing with a Claim, the Commissioner:
(i) Must consider the Gender Pay Equity Principles articulated in clause 10.1
above; and
(ii) Must be objective and free from assumptions based on gender; and
(iii) Must acknowledge that current pre-existing views, conclusions or
assessments of comparable worth or value may not be free of assumptions
based on gender; and
(iv) Must ensure that skills, responsibilities, effort and conditions that are
commonly undervalued such as social and communication skills,
responsibility for wellbeing of others, emotional effort, cultural knowledge
and sensitivity are considered; and
(v) Must ensure that dispute resolution outcomes consider current or historical
gender-based discrimination and do not further promote systemic
undervaluation, and
(vi) Must deal with the Claim in a manner that is independent of the Employer or
the Claimant; and
(vii) Must consider evidence that the Claim may not be isolated to the
Employer subject to the Claim but may affect Employees from other public
sector employers not covered by this Agreement; and
(viii) May jointly deal with a Claim and any other dispute which has been
referred to the Commissioner which relates to the same or similar systemic
gender equality issues; and
(ix) Must consider the views of the Claimant prior to jointly dealing with multiple
Claims or disputes; and
(x) May otherwise deal with the Claim in any way the Commissioner considers
appropriate, consistent with the requirements of the Gender Equality Act
2020 (Vic). This can include mediation, conciliation, making
recommendations or offering opinions.
(i) If a Claim is unable to be resolved by the Commissioner, either the Claimant or
the Employer may refer the Claim to the Fair Work Commission for resolution
pursuant to clause 9 (Disputes and Grievances).
(j) This clause does not apply to any dispute regarding a matter or matters arising in
the course of bargaining in relation to a proposed enterprise agreement.
(k) A Claimant or the Employer may choose to be represented at any stage by a
representative, including a Union representative or Employer’s organisation.
(l) The Claimant and Employer and their representatives must genuinely attempt to
resolve the dispute through the processes set out in this clause and must
cooperate to ensure that these processes are carried out expeditiously.
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(m) Whilst a Claim is being dealt with in accordance with this clause, work must
continue in accordance with usual practice, provided that this does not apply to
an Employee who has a reasonable concern about an imminent risk to their health
or safety, has advised the Employer of this concern and has not unreasonably
failed to comply with a direction by the Employer to perform other available work
that is safe and appropriate for the Employee to perform. No party will be
prejudiced as to the final settlement of the Claim by the continuance of work in
accordance with this clause.
10.5 Gender Equality Action Plans
The Employer will consult with the Union in the preparation of Gender Equality Action
Plans under the Gender Equality Act 2020 (VIC).
11 MANAGING WORK UNDERPERFORMANCE
11.1 Subject to applicable Victorian or Federal Legislation, any underperformance action
involving unsatisfactory work performance or behaviour will be consistent with this
clause. The Employer is not obliged to comply with this clause in respect of:
(a) casual Employees;
(b) Employees who are subject to a probationary period of employment
(c) Employees subject to disciplinary action arising from serious misconduct; or
(d) if there is a breach of mutual trust and confidence.
11.2 An Employee’s work performance is unsatisfactory if the Employee fails to perform to
the required standards or expectations of the role.
11.3 The process of managing underperformance action under this clause will be consistent
with the principles of natural justice and procedural fairness. Before commencing formal
underperformance processes, the Employer must:
(a) Advise the Employee of the purpose of the meeting;
(b) Provide the Employee with a copy of the formal underperformance process to be
followed;
(c) Provide a reasonable opportunity for the Employee to seek advice from a
representative before the underperformance procedure commences; and
(d) Allow the Employee to provide details of any mitigating circumstances.
11.4 An Employee is entitled to be represented by a person of their choice (including a union
representative) at any stage of the formal review meeting.
11.5 First stage – formal counselling
(a) The first stage is formal underperformance counselling of the Employee. The
Employer must:
(i) Advise the Employee of the unsatisfactory work performance or behaviour
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(ii) Outline the standard required of the Employee
(iii) Provide the Employee with an opportunity to respond within a reasonable
timeframe
(iv) Provide the Employee with an opportunity to improve within a reasonable
timeframe
(v) The Employee will be advised of any consequences of not meeting the
required standard
(b) If the Employer determines that the Employee has met the required standard of
performance during the reasonable timeframe referred to in clause 11.5, the
employer will notify the Employee that:
(i) The formal underperformance process has been completed; and
(ii) No further action will be taken by the Employer unless the Employee engages
in continued or repeated unsatisfactory work performance or behaviour, in
which case the formal unsatisfactory work performance process may
continue to the next stage.
(iii) A copy of this notification will be placed on the Employee’s personnel file.
11.6 Second Stage – formal written warning
(a) If the Employee’s performance has not improved within a reasonable period of
time following formal counselling in accordance with clause 11.5 or engages in
further unsatisfactory work performance or behaviour, the Employee will be given
a formal written warning by the Employer.
(i) The formal written warning must indicate:
The standard expected of the Employee
Where and how the Employee is not meeting this standard
The consequences if the Employee fails to improve their performance
including the possibility that that the continued or repeated
unsatisfactory work performance or behaviour may result in
termination of the Employee’s employment.
(b) The formal written warning will be placed on the Employee’s personnel file.
11.7 Third Stage – final warning
(a) If the Employee’s performance has not improved within the reasonable period of
time following receipt of a formal written warning in accordance with clause 11.6,
the Employee will be given a final written warning by the Employer.
(i) The formal written warning must indicate:
The standard expected of the Employee
Electorate Officers (Victoria) Single Enterprise Agreement 2021 Page 17 of 76
Where and how the Employee is not meeting this standard
The consequences if the Employee fails to improve their performance
including the possibility that the continued or repeated unsatisfactory
work performance or behaviour may result in termination of the
Employee’s employment.
(b) The formal written warning will be placed on the Employee’s personnel file.
11.8 Determination of unsatisfactory work performance outcome
(a) In the event that the Employee’s performance has not improved within a
reasonable time period following receipt of a final written warning, the Employer
will provide the Employee with a reasonable opportunity to respond.
(b) After considering the Employee’s performance and response (including any failure
to respond), the Employer will determine the underperformance outcome that is
to apply which may include assignment of the Employee with or without their
agreement to a role at a lower classification level or termination of the Employee’s
employment.
11.9 Disputes
(a) Any dispute arising under this clause may only be dealt with in accordance with the
disputes and grievances clause of this Agreement.
12 CONSULTATIVE COMMITTEE
12.1 During the life of this Agreement, a Consultative Committee will be constituted to
consider any matter which is relevant to the terms and conditions of employment of
Electorate Officers.
12.2 The Consultative Committee will consist of Management Representatives, Employee
Representatives and the CPSU.
12.3 In particular, the parties agree that the Consultative Committee will review:
(a) the Electorate Officer Position Descriptions, Value Range Descriptors and
Classifications within 12 months of the Agreement’s commencement.
(b) the establishment of Electorate Officer Designated Work Groups pursuant to
clause 56.4 (Designated Work Groups) within 6 months of the Agreement’s
commencement.
(c) the establishment of Electorate Officer First Aid Officers pursuant to clause 53 (First
Aid Allowance) within 6 months of the Agreement’s commencement.
12.4 The Consultative Committee will consider renegotiations for the new agreement
pursuant to Clauses 4.2 to 4.4.
13 EMPLOYEE ASSISTANCE PROGRAM
The Employer will continue to provide an Employee Assistance Program.
Electorate Officers (Victoria) Single Enterprise Agreement 2021 Page 18 of 76
14 LEARNING AND CAREER DEVELOPMENT
14.1 Provision of learning and development for all Employees will continue to be a high
priority during the life of the Agreement. The Employer is committed to promoting and
developing the professional growth of staff, the capacities of the organisation and a
positive workplace culture to ensure the Electorate Office achieves its aims and
objectives.
14.2 Learning and development opportunities available to Employees may include, but are not
limited to the following:
(a) clarifying job tasks and responsibilities;
(b) development of Employee capabilities to meet the objectives of the organisation;
(c) technical skills;
(d) improved skills in use of information technology to ensure maximum use of the
capability of systems and equipment;
(e) assisting Employees to progress their career and personal goals.
14.3 Where an approved training program is undertaken during an Employee’s ordinary
working hours, the Employer agrees to pay the Employee that Employee’s ordinary pay.
15 CAPABILITY PAYMENT
For the life of the Agreement, Capability Principles and once-off Capability Payments will
apply as set out in Schedule 1 of the Agreement.
16 RIGHT OF ENTRY
16.1 For the purposes of ensuring compliance with this Agreement and the FW Act, an official
of a Union who has been issued with an entry permit by the FWC pursuant to section 512
of the FW Act will be permitted access to the workplace provided they comply with the
provisions set out in Part 3 - 4 of the FW Act.
16.2 A permit holder may only enter the workplace for the purposes permitted by and in
compliance with the provisions of Part 3 - 4 of the FW Act.
16.3 The Employer will provide the CPSU with an opportunity to present information about its
role and functions in consultative and dispute resolution processes provided for under
this Agreement during induction.
16.4 Subject to clauses 16.1, 16.2 and 16.3, a permit holder may enter the premises and
shall adhere to the principles that they must not intentionally hinder or obstruct any
person, or otherwise act in an improper manner.
17 ELECTRONIC COMMUNICATIONS
Employees will be allowed reasonable access to electronic communication devices to
facilitate communication between Employees and the CPSU, provided that such
communication is not offensive or improper.
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18 WORKPLACE TRAINING LEAVE
In order to encourage cooperative workplace relations and facilitate the operation of this
Agreement, an Employee who makes a request to the Employer to attend training in
workplace relations, occupational health and safety, dispute resolution or grievance
management may with the Employer’s approval, be granted up to five days’ paid leave
per annum for attendance at such training, provided that the granting of such leave will
not unduly affect operational requirements.
19 HOME BASED WORK
Home based work arrangements may be agreed between the Employer and an Employee
on a case by case basis.
20 SCREEN BASED EYE TESTING
Ongoing Employees who are required to use screen-based equipment on an ongoing and
regular basis shall be reimbursed by the Employer with reasonable out of pocket costs
associated with eyesight testing and the purchase of prescription spectacles prescribed
specifically for such tasks. Only one subsidy payment will be approved in any 12 month
period from the prior date of approval providing testing indicates that a change has
occurred and a new prescription issued.
21 INDIVIDUAL FLEXIBILITY ARRANGEMENTS
21.1 An Employee and the Employer may enter into an individual flexibility arrangement
pursuant to this clause in order to meet the genuine needs of both the Employee and the
Employer. An individual flexibility arrangement must be genuinely agreed to by both the
Employee and Employer.
21.2 An individual flexibility arrangement may vary the effect of clause 38 (Hours of work).
21.3 An Employee may nominate a representative to assist in negotiations for an individual
flexibility arrangement.
21.4 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c) result in the Employee being better off overall than the Employee would be if no
arrangement was made.
21.5 The Employer must ensure that the individual flexibility arrangement is in writing and
signed by the Employee and the Employer. If the Employee is under 18, the arrangement
must also be signed by a parent or guardian of the Employee.
21.6 The Employer must give a copy of the individual flexibility arrangement to the Employee
within 14 days after it is agreed to.
21.7 The Employee must ensure that any individual flexibility arrangement sets out:
Electorate Officers (Victoria) Single Enterprise Agreement 2021 Page 20 of 76
(a) which terms of this Agreement will be affected or varied by the individual
arrangement;
(b) how the individual flexibility arrangement will vary or affect the terms of this
Agreement;
(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 individual flexibility arrangement;
(d) the day on which the individual flexibility arrangement commences;
(e) provides for the individual flexibility arrangement to be terminated by either the
Employee or Employer giving a specific period of written notice, with the specified
period being not more than 28 days; and
(f) at any time by written agreement between the Employee and Employer.
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PART 3 – EMPLOYMENT ARRANGEMENTS
22 EMPLOYMENT CATEGORIES AND ENTITLEMENTS
22.1 Basis of employment
Employees may be engaged on an:
(a) ongoing basis (full time or part time);
(b) fixed-term basis (full time or part time); or
(c) casual basis
22.2 An agreement to employ a person on any of these employment arrangements must be
in writing between the Employer and the Employee.
22.3 Full time employment: A full-time Employee is one who is engaged on a continuing basis
to work the ordinary working hours prescribed in clause 38 of this Agreement.
22.4 Part time employment: A part-time Employee:
(a) is one who is engaged to work, a minimum of 7.6 hours per fortnight on day/s
agreed by the Member and the Employee. That agreement shall include an agreed
work pattern specifying:
(i) the days in each fortnight on which the Employee will work;
(ii) the start and finish times on the days upon which the Employee will work;
and
(iii) the number of hours the Employee will work each day they work
(b) such agreed rostered hours shall be considered the Employee’s ordinary hours
(c) shall receive payment for salary and access leave and other benefits on a pro-rata
basis.
22.5 Fixed term employment: A fixed term Employee is one who is engaged on a full-time or
part-time basis for a fixed period of time.
22.6 Casual employment
(a) When, at the request of the Member, casual assistance is required, the Employer
may engage casual Employees. However, each day (or part day) worked by a casual
Employee will constitute a separate engagement.
(b) Casual engagements will be for not less than 3 consecutive hours in any day worked
as required by the Member.
(c) A casual Employee will receive the ordinary hourly rate of the base salary of Grade
1 with an additional loading of 25% as compensation in lieu of any entitlement to
the following benefits:
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(i) public holidays, paid parental leave, annual leave and annual leave loading,
paid personal/carer’s leave, paid compassionate leave, defence force leave,
jury service leave, accident make up pay, capability payment and workload
management allowance.
(ii) notice of termination; and
(iii) termination payment.
22.7 Probationary period – new employee
(a) New ongoing and fixed term Employees are appointed on a period of probation of
up to six months.
(b) If conduct or performance issues are identified during the probationary period, the
Member shall counsel the Employee during the probationary period in relation to
his or her conduct or performance and shall provide a written record of such
counselling.
(c) A probationary Employee’s employment may be terminated by the Employer
during the Employee’s probationary period by giving two weeks’ notice, subject to
the right to terminate an Employee’s employment without notice or payment in
lieu of notice if the Employee has committed any act of serious misconduct (as
defined in the Fair Work Regulations)
(d) Unless the employment is terminated in accordance with this clause, at the end of
the period of probation, the Employer shall confirm the Employee’s appointment
in writing or terminate the employment
23 DUTIES OF AN EMPLOYEE
The Employee will carry out duties described in the position description and such other
duties as directed, consistent with their skills, and Grade Descriptors.
24 WORKLOAD
24.1 The Employer acknowledges the benefits to both the organisation and individual
Employee gained through Employees having a balance between both their professional
and family life.
24.2 The Employer further recognises that the allocation of work must include consideration
of the Employee’s hours of work, health, safety and welfare. Work will be allocated so
that there is not an allocation that routinely requires work to be undertaken beyond an
Employee’s ordinary hours of work. However, the Member may require an Employee to
work additional hours where:
(a) such work is unavoidable because of work demands;
(b) reasonable notice of the requirement to work additional hours is given by the
Member; or
(c) due to an emergency, it has not been possible to provide reasonable notice.
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24.3 In recognition of the additional hours above the ordinary hours of duty that the Employee
may be required to work by the Member, compensation will be in accordance with
clause 40 of this Agreement.
24.4 Where an Employee or group of Employees believe that there is an unreasonable
allocation of work leading to Employees being overloaded with work, the Employee or
group of Employees concerned can seek to have the allocation reviewed by the Employer
to address the Employee concerns.
24.5 Other than in an emergency, if reasonable notice of the requirement to perform
additional hours above ordinary hours of duty has not been given by the Member, an
Employee may refuse to work additional hours where this would impose personal or
family hardship or interfere with the Employee’s personal commitments.
25 CHILDCARE
25.1 Where an Employee is required by the Member to work outside the ordinary hours of
work and where less than 24 hours’ notice of the requirement to perform such additional
hours has been given by the Member, the Employee will be reimbursed for reasonable
childcare expenses incurred.
25.2 Evidence of expenditure incurred by the Employee must be provided to the Member as
soon as possible after the working of such additional hours.
26 COST OF EMPLOYMENT RELATED LEGAL PROCEEDINGS
26.1 If an Employee is required to attend a Coroner’s inquest on matters which directly arise
from the performance of the Employee’s duties, the Employer shall meet the Employee’s
reasonable legal costs relating to appearance at or representation before the Coroner’s
Court.
26.2 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 withhold agreement to meet the Employee’s reasonable legal costs relating to the
defence of such proceedings.
26.3 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 constituent, the Employer will not withhold agreement to meet the Employee’s
reasonable legal costs in obtaining the order or other remedy.
26.4 An application to meet an Employee’s reasonable legal costs will be dealt with
expeditiously by the Employer.
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27 TERMINATION OF EMPLOYMENT
27.1 Termination by employer
(a) The provisions of section 117 of the FW Act apply.
27.2 Notice of termination by employer
(a) In order to terminate the employment of an Employee the Employer must give to
the Employee the following notice period:
Not more than one
year
Between one to three
years
More than 3 years, but
not more than 5 years
More than five years
At least one week At least two weeks At least three weeks At least four weeks
(b) In the case of an Employee over 45 years of age with over 2 years continuous
service, then the notice period is extended by one week.
(c) The Employer may pay the Employee in lieu of notice.
(d) In calculating any payment in lieu of notice, the ordinary time payment the
Employee would have received for the notice period had their employment not
been terminated will apply.
(e) The Employer may terminate the employment of an Employee summarily without
notice or payment in lieu of notice if the Employee has committed any act of serious
misconduct as defined in regulation 1.07 of the Fair Work Regulations 2009 or there
is a breach of mutual trust and confidence.
(f) The provisions of clauses 27.5 and 27.6 of this Agreement shall not apply where an
Employee’s employment is terminated pursuant to this clause 27.2.
27.3 Employee resignation
(a) An Employee, other than a probationary Employee may resign at any time by giving
4 weeks written notice to the Member or such lesser period of notice as may be
agreed to by the Member.
(b) If an Employee is elected to office in State Parliament, the Employee shall be taken
to have resigned from the day prior to his/her election.
(c) If an Employee stands for Federal Parliament, the Employee shall be taken to have
resigned from the day immediately prior to the lodgement of his or her nomination.
(d) If an Employee is elected to Local Council, the Employee shall be taken to have
resigned from the day immediately prior to taking the oath of office.
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27.4 Abandonment of employment
(a) If an Employee is absent for more than 20 working days:
(i) in circumstances where the Employer could not reasonably, after due
enquiry, have been aware of any reasonable grounds for the absence; and
(ii) without the permission of the Employer; and
(iii) without contacting the Employer to provide an explanation for the absence,
the Employer is entitled to treat the Employee as having resigned and the
employment as having been terminated by the Employee at his or her
initiative.
27.5 Compulsory termination
(a) Unless section 31(2) of the Parliamentary Administration Act 2005 (Vic) applies to
the Employee, if a Member dies, is defeated in an election, retires or is not pre-
selected, or resigns prior to their term expiring or the seat in which the Member
holds office is abolished, the employment of any full time and part time Employee
attached to that Member shall terminate either:
(i) four weeks after the date of the death, or resignation of the Member; or
(ii) four weeks after the date the election poll results are confirmed by the
Victorian Electoral Commission.
(b) In the event of an Employee’s services being compulsorily terminated under the
circumstances prescribed in clause 27.5(a), a redundancy payment as prescribed in
clause 27.5(f) shall apply to the Employee.
(c) The Employee's redundancy payment will be calculated to be in addition to the
three-week period referred to this clause 27.5(a).
(d) The Employee shall also be paid any accrued annual leave, 17.5% annual leave
loading and long service entitlements (if applicable) on termination.
(e) No termination of employment will take place without consultation with the
Member, as appropriate.
(f) The termination payment shall be as follows:
Length of Continuous Service Termination Pay
Less than one year Four weeks
One year or more but less than two years Six weeks
Two years or more but less than three years Eight weeks
Three years or more but less than four years Ten weeks
Four years or more but less than five years Eleven weeks
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Five years or more but less than six years Twelve weeks
Six years or more by less than seven years Thirteen weeks
Seven years or more
Fourteen weeks plus an additional two weeks
for every completed year of service in excess of
seven years, up to a maximum of forty-eight
weeks.
27.6 Termination payments are not applicable in the following circumstances
(a) Employees guilty of serious misconduct or instances of breach of mutual trust and
confidence.
(b) casual Employees
(c) Employees terminated during probation
27.7 Re-employment restrictions
(a) An Employee in receipt of a termination payment will not be eligible to be re-
employed as an ongoing or fixed term Electorate Officer for a period of 12 months
from the date of the termination.
27.8 Career transition payment
(a) An Employee shall be entitled to a payment of up to $1,000 for career transition
counselling, training or financial advice upon the occasion of termination of
employment where redundancy benefits are payable under clause 27.5 of this
Agreement.
(b) To be eligible for a career transition payment, the Employee must obtain approval
for the relevant career transition service(s) from the Employer within six months of
termination.
(c) The costs of counselling, training or financial advice may be paid by the Employer
to the service provider or will be borne by the Employee and reimbursed by the
Employer upon production of appropriate receipts.
28 AGREED SEPARATION
(a) Where within the first four years of an Employee’s employment their Supervising
Member loses trust and confidence in the Employee’s ability to perform their
duties and the Employee chooses to resign, the Supervising Member may request
the Employer make an additional payment to the Employee which does not exceed
an equivalent entitlement to Redundancy Pay under section 119 of the Fair Work
Act 2009.
(b) Entitlement to an additional payment pursuant to this clause is at the discretion of
the Employer and may be subject to terms and conditions as agreed between the
Employee and Employer.
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29 EMPLOYEES NOMINATING FOR ELECTION
29.1 Federal elections
(a) An Employee who nominates for election to Federal Parliament must notify the
Employer immediately following the lodgement of his/her nomination and shall be
taken to have resigned from the day prior to the closing date for nominations.
(b) If the Employee does not successfully nominate for Federal Parliament, the
Employee shall be re-employed if the Member and the Employee both wish the
relationship to continue.
(c) If the Employee is re-employed, the Employee's service prior to the resignation
date will be recognised for the purposes of the Employee's entitlements under this
Agreement.
29.2 State and local government elections
(a) An Employee who nominates for election to State Parliament or Local Government
shall, upon request, be granted by the Employer annual leave, long service leave or
leave without pay to campaign for election.
(b) If the Employee is elected to State Parliament, he/she must notify the Employer
immediately following his/her election and shall be taken to have resigned from
the day prior to his/her election.
(c) If the Employee is elected to Local Council, he/she must notify the Employer
immediately following his/her election and shall be taken to have resigned from the
day prior to taking the oath of office.
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PART 4 – CLASSIFICATION AND SALARY
30 CLASSIFICATION AND SALARY
30.1 General
(a) Positions will be classified within Grade 1 to 3 based on work value.
(b) The salary ranges for each Grade are detailed in the table at clause 30.5
(c) Employees will be employed within one of these Grades based on work
requirements in accordance with Grade Descriptors.
30.2 Bonus payment
(a) Employees, other than casual employees, employed by the Employer at the date
the agreement commences operation who also received a salary or were absent
during the first 52 weeks of parental leave on the date in principle agreement was
reached with the CPSU, 9 April 2021, will receive a lump sum payment and
allocation of Annual Leave (pro-rata equivalent for part-time Employees) of:
Bonus Payment Provision of
Annual Leave
Grade 1 $964
3 days / 22.8 hours Grade 2 $1,102
Grade 3 $1,223
(b) Allocations of Annual Leave made pursuant to this clause will be subject to the
provisions of clause 44 (Annual Leave).
30.3 Salary on appointment
(a) An Employee commencing duty as an Electorate Officer will be appointed to the
base of the Grade.
(b) Requests for salary appointments above the base of the Grade may be considered
by the Employer on the recommendation of the Member in the following
circumstances:
(i) An Employee previously employed as an Electorate officer (Victorian
jurisdiction) who has a maximum break in service of 12 months can be re-
employed at their exit salary point, provided they are appointed to the same
Grade, otherwise clause 30.3(b)(ii) will apply.
(ii) Appointment up to Grade 1.3, Grade 2.3 or Grade 3.3 where an employee
has previous paid experience as an Electorate Officer (within Australia),
ministerial or opposition advisor (within Australia) or Member of Parliament
(within Australia).
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(iii) Where relevant experience as outlined in clause 30.3(b)(ii) of between 12
and 24 months applies, appointment up to Grade 1.2, 2.2 or 3.2; more than
24 months relevant experience provides for appointment to Grade 1.3, 2.3 or
3.3.
(c) For the avoidance of doubt, the provisions of clause 30.3(b) do not apply to existing
Employees who are promoted to Grade 2 or Grade 3.
30.4 Salary movements
(a) An Employee at pay level 1.7 who is promoted to Grade 2 will commence at pay
level 2.2
(b) An Employee at pay level 2.8 who is promoted to Grade 3 will commence at pay
level 3.2
(c) In circumstances where an Employee moves to a lower classification level at the
same Electorate Office, commencing salary above the base of the Grade may be
considered by the Employer on recommendation of the Member.
(d) Where an Employee agrees to move to a lower classification at the request of the
Member, the Member can request that the Employer recognise incremental
progressions previously attained by the Employee at lower and any higher
classifications during their continuous service in that Electorate Office.
(e) Employees may seek advice in circumstances where they may feel dissatisfied with
any changes and may rely on clause 9 (Disputes and Grievances) of this Agreement.
30.5 Salary Scales
Pay Levels
1/09/2021 1/09/2022 1/09/2023 1/09/2024
2% 2% 2% 2%
G
ra
de
1
1.1 $ 69,524 $ 70,914 $ 72,332 $ 73,779
1.2 $ 71,046 $ 72,467 $ 73,916 $ 75,394
1.3 $ 72,567 $ 74,018 $ 75,498 $ 77,008
1.4 $ 74,090 $ 75,572 $ 77,083 $ 78,625
1.5 $ 75,609 $ 77,121 $ 78,663 $ 80,236
1.6 $ 77,131 $ 78,674 $ 80,247 $ 81,852
1.7 $ 78,653 $ 80,226 $ 81,831 $ 83,468
G
ra
de
2
2.1 $ 78,654 $ 80,227 $ 81,832 $ 83,469
2.2 $ 80,174 $ 81,777 $ 83,413 $ 85,081
2.3 $ 81,697 $ 83,331 $ 84,998 $ 86,698
2.4 $ 83,219 $ 84,883 $ 86,581 $ 88,313
2.5 $ 84,742 $ 86,437 $ 88,166 $ 89,929
2.6 $ 86,261 $ 87,986 $ 89,746 $ 91,541
2.7 $ 87,952 $ 89,711 $ 91,505 $ 93,335
2.8 $ 89,927 $ 91,726 $ 93,561 $ 95,432
I
I
I
Electorate Officers (Victoria) Single Enterprise Agreement 2021 Page 30 of 76
G
ra
de
3
3.1 $ 89,928 $ 91,727 $ 93,562 $ 95,433
3.2 $ 91,899 $ 93,737 $ 95,612 $ 97,524
3.3 $ 93,872 $ 95,749 $ 97,664 $ 99,617
3.4 $ 95,844 $ 97,761 $ 99,716 $ 101,710
3.5 $ 97,819 $ 99,775 $ 101,771 $ 103,806
3.6 $ 99,792 $ 101,788 $ 103,824 $ 105,900
31 INCREMENTAL PROGRESSION
31.1 An Employee will advance to the next incremental level after 12 months continuous
service at a particular salary pay level.
31.2 Incremental progression is subject to satisfactory performance as assessed by the
Member in accordance with the Employer’s guidelines. The parties agree to review the
performance assessment guidelines during the life of this agreement.
31.3 Employees shall progress through the salary range until such time as they reach the
maximum of the Grade.
31.4 Top of Grade payment
(a) An Employee at the top of their grade will receive a top of grade payment where the
Employee achieves a ‘satisfactory” rating at their annual review meeting.
(b) The top of grade payment will be equal to one per cent of the Employee’s current
salary.
(c) Top of grade payment provisions will commence from the date of operation of the
Agreement.
(d) An employee will be eligible to be assessed for the top of grade payment after 12
months continuous service at a particular pay level.
31.4 Incremental Progression for Employees returning from Primary Caregiver Parental
Leave
(a) An Employee is entitled to advance two incremental steps or be paid top of grade
payments in the following circumstances
(b) The Employee was not considered for an incremental progression or top of grade
payment due to the Employee’s absence on a period of primary carer parental
leave not exceeding 52 weeks; and
(c) The Employee is otherwise eligible to be considered for an incremental progression
or top of grade payment; and
(d) The Employee is assessed by the Member as achieving a satisfactory rating in
accordance with the Employer’s guidelines.
Electorate Officers (Victoria) Single Enterprise Agreement 2021 Page 31 of 76
32 Higher Duties Allowance
32.1 A higher duties allowance will be paid where an Employee is required to undertake all or
part of the duties at the Grade 3 level due to a leave absence for a period of 38 hours or
longer.
32.2 The level of allowance shall be in proportion to the extent of the higher duties performed
and shall be calculated on the base of the grade except as provided for in clause 32.3.
32.3 For Employees at pay level 2.8, the level of allowance shall be calculated at pay level 3.2.
32.4 Paid leave taken during a higher duties assignment shall be paid inclusive of the
allowance, provided the Employee resumes the duties of the higher duties position on
their return from leave.
33 PAYMENT OF SALARIES
33.1 Salaries, and allowance payments due to an Employee must be paid by the Employer by
fortnightly electronic direct credit to a bank account, credit union or building society
account nominated by the Employee. In exceptional circumstances, the Employer will
make provision for off-line payments.
33.2 Where a normal payday falls on a public holiday the direct credit to the Employee’s
nominated account must be made no later than the last working day prior to the public
holiday.
33.3 Employees must be provided either in writing or electronically, with details of each pay
regarding the make- up of their remuneration and any deductions.
33.4 In the event that the Employee incurs cost associated with the non-payment or delays in
payment of base salary that can be attributed to the Employer, the Employee will be
compensated for the cost incurred. This may include, but is not limited to late fees,
defaults, or interest. The Employee must provide evidence of any cost incurred
33.5 In the event of an overpayment of salary, allowance, loading or other payment, the
Employer must advise the Employee. Similarly, the Employee must advise the Employer
if he or she knows there has been an overpayment. Where agreement cannot be reached
on a repayment arrangement, the Employer may recover the overpayment by
instalments, to be paid in accordance with the Parliamentary Administration Act 2005 as
amended from time to time or any successor to that Act.
34 SUPERANNUATION
34.1 The Employee, regardless of age will be offered by the Employer membership of a
complying fund for the purposes of the Superannuation Industry (Supervision) Act 1993
(Cth) (unless they are a member of a Victorian exempt public sector superannuation
scheme). The Employer will contribute, or will be deemed to contribute to this fund or
another approved fund an amount in accordance with the Commonwealth
Superannuation Guarantee Administration Act 1992 (Cth).
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34.2 Employer contributions in respect of Primary Caregiver Parental Leave
(a) An Employee is entitled to have superannuation contributions made in respect of
the period of the Employee’s Primary Caregiver Parental Leave commencing on or
after this Agreement commences operation.
(b) The Employer will pay the superannuation contributions as a lump sum to the
Employee’s fund as provided for in clause 34.1.
(c) The lump sum payment will be made on or before the first superannuation
guarantee quarterly payment due date following the Employee’s return to work at
the conclusion of their Primary Caregiver Parental Leave.
(d) The quantum of superannuation contributions payable under this clause will be
based on:
(i) The number of weeks of Primary Caregiver parental leave taken by the
Employee, capped at 52 weeks; and
(ii) The Employee’s weekly pay calculated in accordance with clause 50.25 of
the Agreement; and
(iii) The applicable contribution rate under the Superannuation Guarantee
Administration Act 1992 (Cth) at the time the payment is made.
35 SUPPORTED WAGE SYSTEM
The Parliament of Victoria will apply a supported wage system to Employees who
because of the effects of a disability are eligible for a supported wage in accordance with
the Commonwealth Government’s “Supported Wage System Guidelines and Assessment
Process”. These guidelines do not form part of this Agreement.
36 SALARY PACKAGING
36.1 An Employee may enter into a salary packaging arrangement with the Employer using
pre-tax salary in respect of superannuation, a novated lease on a vehicle 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.
36.2 All costs associated with salary packaging (such as Fringe Benefits tax), including
administrative costs, must be met from the salary of the participating Employee.
37 ACCIDENT COMPENSATION (WORKCOVER)
37.1 Where an Employee is absent from duty as a result of sustaining an injury in respect of
which the Employee is entitled to weekly payments of compensation under the
Workplace Injury Rehabilitation and Compensation Act 2013, the Employee will, except
where otherwise provided in this clause, be entitled to accident make-up pay equivalent
to his or her normal salary, less the amount of weekly compensation payments.
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37.2 Payment – maximum entitlement
(a) The Employer will continue to provide accident make-up pay to the Employee for a
period of 52 weeks, or an aggregate of 261 working days (1983.6 hours) for full time
Employees or pro rata equivalent for part time Employees, unless employment
ceases.
(b) An entitlement to accident make-up pay will cease at the end of a period of 52
weeks, or an aggregate of 261 working days (1,983.6 hours) for full time Employees
or pro-rata equivalent for part time Employees, or when employment ceases or
when the benefits payable under the Workplace Injury Rehabilitation and
Compensation Act 2013 cease.
(c) The Employer may grant the Employee leave without pay where an entitlement to
accident make-up pay has ended.
(d) For the avoidance of doubt, an Employee may, with the Employer’s consent, take
annual leave or long service leave whilst receiving accident make-up pay.
38 HOURS OF WORK
38.1 The ordinary hours of work of any full time Employee shall normally be 38 hours per week
to be worked between the span of hours of 8.00 a.m. and 6.00 p.m. Monday to Friday.
38.2 The Employee shall commit such time and effort as required to complete the work to be
performed.
39 MEAL BREAKS
39.1 Except where otherwise permitted by this clause, the Employee will not be required to
work for more than five hours without an unpaid meal break unless the Employee and
the Member otherwise agree. The length of the meal break must be at least 30 minutes.
39.2 The Member will grant meal breaks at times suitable to operational requirements, taking
into account the wishes of the Employee.
39.3 If, for operational or emergency reasons, the Employee is required to remain on duty, he
or she may arrange to take meals during their hours of work without a specified meal
break. If, for operational reasons, it is impractical for all Employees within a work group
to observe the same time for taking of a meal break, meal breaks may be staggered.
40 WORKLOAD MANAGEMENT
40.1 In full compensation for additional hours worked over and above ordinary hours of duty,
Employees (other than casual Employees), shall be entitled to an allowance of 4% of base
annual salary (capped at Grade 1.7) paid for all purposes. This allowance shall be pro-
rated for part time Employees and applies to all additional hours worked on their
designated days of duty.
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40.2 Part time Employees who are required to work additional hours outside their designated
days of duty up to 38 hours per week will be entitled to be compensated for these
additional hours worked. These additional hours, for not less than three consecutive
hours in any day worked as required by the Member, will be paid at the rate of 125% of
the Employee’s ordinary rate. These additional hours will not accrue any entitlement for
paid leave or compulsory termination payment.
40.3 This 4% allowance which is paid in compensation for additional hours worked over and
above ordinary hours of duty corresponds to approximately 53 hours per annum for full
time Employees and a pro-rata equivalent number of hours for part time Employees.
40.4 An Employee, after having worked authorised additional hours above ordinary hours of
duty, shall be entitled to be absent from duty for a minimum of ten consecutive hours
without deduction of pay for ordinary work occurring in the Employee’s absence.
40.5 An Employee who is required by the Member to resume work without having had the
ten consecutive hours break shall be entitled to time off in lieu at double time for each
hour equal to the difference between ten hours and the actual break provided.
40.6 In exceptional circumstances where in the opinion of the Member the Employee has not
been adequately rewarded by clause 40.1, an Employee may be granted time off in lieu
in recognition for the additional hours worked over and above ordinary hours that
exceeds the limit set in clause 40.3. This entitlement will not exceed 5 days per calendar
year. Leave accrued under this clause and not taken prior to cessation of employment
for any reason shall lapse and not be paid out to the Employee.
41 REIMBURSEMENT OF EXPENSES
39.1 General provisions
(a) The Employer will reimburse the Employee his or her reasonable out of pocket
expenses actually and necessarily incurred in the course of his or her authorised
duties.
(b) The Employer must apply the rulings of the Commissioner of Taxation (Australian
Tax Office) relating to reasonable allowances in determining the maximum rates
payable, unless otherwise agreed.
(c) The amount of an expense will be considered reasonable where it does not exceed
the relevant amounts set by the Australian Tax Office as adjusted from time to time.
(d) Before incurring any expenses of this nature, the Employee must first obtain
approval from the Member.
41.2 Allowable expenses include:
(a) Travelling, accommodation, meals and other incidental expenses associated with
an overnight absence from home or part day duties away from the normal work
location; and
(b) Other expenses necessarily incurred in the course of the Employee’s employment
and authorised by the Member. This includes use of private mobile phone or home
phone by Employee for work related purposes.
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(c) “Incidental expenses” must be reasonably and necessarily incurred.
41.3 Expense claims
(a) When making claims, Employees must submit official receipts as soon as practical
after the event as evidence of expenditure incurred.
(b) A declaration from the Employee that the expense was incurred may be accepted
if the receipt is lost or misplaced and suitable verification can be made.
(c) The Employer will pay the Employee moneys owing under this clause in a manner
to be agreed between the Employer and Employee as soon as practicable, but not
later than two pay periods after the Employee submits a claim.
41.4 Private motor vehicle use
(a) An Employee who is required by the Member to use his/her private motor vehicle
in the course of his/her employment, will be reimbursed for kilometre costs and
any other motor vehicle reimbursement expenses incurred in the course of the
Employee’s employment.
(b) The Employee must obtain the prior approval of the Member before using their
private motor vehicle during the course of their employment.
(c) Following use, the Employee must submit a declaration stating the date, the
purpose of the trip, the number of kilometres travelled and the type of vehicle use.
(d) The rates payable in respect of motor kilometre costs will be the rates determined
by the Australian Tax Office from time to time.
PART 5 – LEAVE
42 STANDARD DAY FOR APPROVED LEAVE PURPOSES
For each day that an Employee is absent on approved leave, the hours of work for the
purposes of such entitlements shall be taken as 7.6 hours. Where an alternative
arrangement of days and hours is worked, leave shall be debited on the basis of the actual
hours to be worked on the day of leave.
43 PUBLIC HOLIDAYS
43.1 General
(a) Where the nature of 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
(i) Christmas Day, Boxing Day, New Year’s Day, Australia Day, Labour Day, Good
Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday and
Melbourne Cup Day (Melbourne Cup Day only in the Melbourne
Metropolitan area).
(ii) When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall
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be observed on 27 December.
(iii) When Boxing Day is a Saturday or a Sunday, an additional holiday shall be
observed on 28 December.
(iv) When New Year’s Day is a Saturday or a Sunday, an additional holiday shall
be observed on the next Monday.
(v) When Australia Day is a Saturday or a Sunday, an additional holiday shall be
observed on the next Monday.
(b) For part-time Employees, payment for a public holiday granted as a day’s leave will
be made only in respect of those public holidays on which the part-time Employee
would have worked had there been no public holiday.
43.2 Melbourne cup day substitution
(a) 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.
(b) Employees who have their place of principal employment in a municipality where
Melbourne Cup Day is not observed as a public holiday, or in a municipality where
a public holiday is not proclaimed for the observance of local events, will be granted
one day’s leave in lieu of Melbourne Cup Day, to be taken on a day agreed between
the Employee(s) concerned and the Member.
43.3 Additional public holidays
(a) Where, in the whole or part of the State of Victoria, additional or substituted public
holidays are declared or prescribed on days other than those set out in
clauses 43.1 and 43.2, those days shall constitute additional or substitute public
holidays for the purpose of this Agreement for Employees who have their principal
place of employment in a municipality to which the additional public holiday
applies.
43.4 Substitution of public holidays
(a) The Employer and the Employee may agree to substitute another day for a day that
would otherwise be a public holiday. Any such agreement shall be recorded in
writing.
(b) An Employee may, by agreement with his or her Member, substitute another day
for any prescribed in this clause to observe religious or cultural occasions or like
reasons of significance to the Employee.
43.5 Relationship with paid leave
(a) If a public holiday falls during a period when an Employee is on paid leave as
provided by this Agreement, the public holiday is additional and shall not form part
of the Employee's paid leave.
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44 ANNUAL LEAVE
44.1 A full time Employee shall be entitled to 4 weeks (152 hours/20 days) annual leave for
each calendar year of service or an appropriate pro-rata entitlement for any period of
employment which is less than one calendar year. This entitlement is calculated at a daily
rate of 0.4161533 hours. Part time Employees are entitled to this provision on a pro-rata
basis.
44.2 An Employee shall also receive a leave loading at the rate of 17.5% of the remuneration
of the Employee for the period of annual leave taken.
44.3 An Employee who upon retirement, resignation or termination of employment, has an
outstanding annual leave entitlement, will be paid an amount equal to the unused annual
leave entitlement and any unpaid 17.5% leave loading.
44.4 Annual leave will be taken at times appropriate to the needs of the Member provided
that the wishes of the Employee will be taken into consideration as far as practicable.
The Member will not unreasonably withhold agreement.
44.5 An Employee may be required by the Employer to take leave in the period between
Christmas and New Year in the event that the Member’s office is closed for business
during that time.
44.6 Employee annual leave accruals must not exceed 304 hours at any point in time (or pro-
rata equivalent for part time Employees). Accruals in excess of 304 hours or pro-rata
equivalent may be deferred in exceptional circumstances with the approval of the
Employer. Unless otherwise agreed, the Employee may be directed to take leave to
reduce accruals that exceed 304 hours or pro-rata equivalent.
44.7 Cashing out of annual leave
(a) Annual leave must not be cashed out except in accordance with this clause.
(b) Requests for cashing out of annual leave will only be considered if the employee
has in the preceding 6 months taken a minimum of 2 weeks annual leave.
(c) The cashing out of a particular amount of accrued leave must be by agreement
between the employer and the employee must
(i) be in writing and retained as an employee record
(ii) state the amount of accrued leave to be cashed out and the payment to be
made to the employee
(iii) state the day on which the payment is to be made; and
(iv) be signed by the employer and the employee and if the employee is under 18
years of age, the employee’s parent or guardian.
(d) The Employee must be paid at least the full amount that would have been payable
to the employee had the employee taken the leave at the time it is cashed out.
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(e) Annual leave must not be cashed out if the cashing out would result in the
Employee’s remaining accrued entitlement to annual leave being less than four
weeks.
(f) An Employee may only cash out annual leave on two occasions during the term of
the Agreement.
44.8 Excessive Annual Leave Accruals
This clause contains provisions additional to the NES about taking paid annual leave, to
deal with excessive paid annual leave accruals.
(a) Dealing with annual leave accruals by agreement
Where an Employee’s accrued annual leave entitlement exceeds 304 hours or pro-rata
equivalent for part time employees, the Employer and Employee must genuinely try to
agree upon steps that will be taken to reduce or eliminate that leave accrual. This
agreement must be attempted before an Employer can direct that leave be taken under
clause 44.8(b) or an Employee can give notice of leave to be granted under
clause 44.8(c).
(b) Employer may direct that excessive annual leave be taken
(i) An Employee has an excessive annual leave accrual if the Employee has accrued
more than eight weeks’ paid annual leave:
(ii) Where the Employer has an excessive annual leave accrual (and agreement has not
been reached under clause 44.8(a), the Employer may give a written direction to
the Employee to take a period or periods of paid annual leave. Such a direction
must not:
result in the Employee’s remaining accrued entitlement to paid annual leave
at any time being less than six weeks (taking into account all other paid
annual leave that has been agreed, that the Employee has been directed to
take or that the Employee has given notice of under clause 44.8.
require the Employee to take any period of leave of less than one week;
require the Employee to take any period of leave commencing less than eight
weeks after the day the direction is given to the employee;
require the Employee to take any period of leave commencing more than 12
months after the day the direction is given to the Employee; or
be inconsistent with any leave arrangement agreed between the Employer
and Employee.
(iii) An Employee to whom a direction has been given under this clause may make a
request to take paid annual leave as if the direction had not been given.
(iv) The Employer must not unreasonably refuse to agree to a request by the Employee
to take paid annual leave.
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(v) If leave is agreed after a direction is issued and the direction would then result in
the Employee’s remaining accrued entitlement to paid annual leave at any time
being less than six weeks, the direction will be deemed to have been withdrawn.
(vi) The Employee must take paid annual leave in accordance with a direction
complying with this clause.
(c) Employee may require that leave be granted
(i) This clause 44.8(c) applies if an Employee has had an excessive annual leave accrual
for more than six months and the Employer has not given a direction under
clause 44.8(b) that will eliminate the Employee’s excessive leave accrual.
(ii) If agreement is not reached under clause 44.8(a), the Employee may give a written
notice to the Employer that the Employee wishes to take a period or periods of
paid annual leave. Such a notice must not:
result in the Employee’s remaining accrued entitlement to paid annual
leave at any time being less than six weeks (taking into account all other
paid annual leave that has been agreed, that the Employee has been
directed to take or that the Employee has given notice of under this
clause);
provide for the Employee to take any period of leave of less than one
week;
provide for the Employee to take any period of leave commencing less
than eight weeks after the day the notice is given to the Employer;
provide for the Employee to take any period of leave commencing more
than 12 months after the day the notice is given to the Employer; or
be inconsistent with any leave arrangement agreed between the
Employer and Employee.
(iii) The maximum amount of leave that an Employee can give notice of under this
clause is:
four weeks’ leave in any 12 month period; or
(iv) The Employer must grant the Employee paid annual leave in accordance with a
notice complying with this clause.
(d) Disputes in relation to the operation of clause 44.8.
A dispute in relation to the operation of this clause may be dealt with in accordance with
clause 9 (Disputes & Grievances).
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45 PERSONAL/CARER’S LEAVE
45.1 Amount of paid personal/carer’s leave
(a) An Employee, other than a casual Employee, is entitled to paid personal/carer’s
leave when they are absent because of:
(i) personal illness or injury; or
(ii) personal illness or injury of an Employee’s immediate family or household
member who requires the Employee’s care and support; or
(iii) an unexpected emergency affecting an Employee’s immediate family or
household member
(b) A full time Employee is entitled to paid personal/carer’s leave of 114 hours. A part
time Employee is entitled to a pro-rata amount of paid personal/carer’s leave based
on the part time Employee’s hours of work.
(c) Leave will be credited on commencement of employment and subsequently on the
anniversary date of the Employee’s employment.
(d) Employees appointed for a fixed term period will accrue on a pro-rata basis, paid
personal/carer’s leave according to length of their service.
(e) Leave without pay will not count as service for personal/carer’s leave accrual
purposes.
(f) In this clause 45, the term immediate family means:
(i) a spouse (including a former spouse, a de facto partner and a former de facto
partner) of the Employee. A de facto partner means a person who, although
not legally married to the Employee, lives with the Employee in a relationship
as a couple on a genuine domestic basis (whether the Employee and the
person are the same sex or different sexes).
(ii) a child or an adult child (including an adopted child, a step child or an ex
nuptial child), parent, grandparent, grandchild or sibling or the Employee or
the Employee’s spouse or de facto partner.
45.2 Payment for personal/carer’s leave
(a) An Employee, other than a casual Employee, who takes paid personal/carer’s leave,
is entitled to be paid at his or her salary rate of pay for their ordinary hours of work
in the period during which the personal/carer’s leave is taken.
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45.3 Notice
(a) An Employee must give his or her Employer notice of the taking of personal/carer’s
leave under this clause. The notice:
(i) must advise the Employer of the period, or expected period of the leave: and
(ii) must be given to the Employer as soon as practicable, which may be a time
after the personal/carer’s leave has started.
45.4 Documentary evidence requirements
(a) Personal leave - In the case of personal leave, the Employee shall provide the
Employer with a medical certificate from a Registered Practitioner.
(b) Carer’s leave - In the case of carer’s leave, the Employee shall provide the Employer
with appropriate documentary evidence.
(i) The form of evidence required by the Employer will depend on the
circumstances of the carer’s leave request and may include a medical
certificate from a Registered Practitioner or statutory declaration stating the
condition of the person concerned and that this condition requires the
employee’s care or support or other relevant documentary evidence.
(c) Registered Practitioner - Registered practitioner means one of the following:
Aboriginal and Torres Strait Islander health practitioner, Chinese medicine
practitioner, Chiropractor, Dental care practitioner, Medical practitioner, Nurse
practitioner, Midwife, Optometrist, Osteopath, Pharmacist, Physiotherapist,
Podiatrist or Psychologist.
45.5 Entitlement
(a) A full time Employee entitled to take personal/carer’s leave for the purposes set
out in clause 45.1.(a) may, subject to clauses 45.5.(b) and 45.5.(c) take up to an
aggregate of 38 hours or for a part time Employees equivalent pro-rata amount of
accrued personal/carer’s leave in each year of employment without having to
provide the Employer with the documentary evidence required by clause 45.4.
(b) If the period of absence referred to in clause 45.5.(a) is for a continuous period
exceeding 22.8 hours, or pro-rata equivalent, the Employee must provide
appropriate documentary evidence to the Employer as set out in clause 45.4.
(c) Where an Employee cannot reasonably provide documentary evidence from a
registered practitioner, the Employee may provide a statutory declaration. The
statutory declaration must include information as to why the Employee was unable
to attend a registered practitioner and the reason why they were unable to attend
work. A statutory declaration can only be used for single day absences, on no more
than three occasions during the accrual year.
(d) If an Employee has been absent on personal/carer’s leave for an aggregate of 38
hours or equivalent pro-rata amount in a single year of employment, the Employee
must, in respect of any further personal/carer’s leave taken during that year of
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employment, provide appropriate documentary evidence to the Employer as set
out in clause 45.4.
45.6 Further medical certificates or documentary evidence
(a) The Employer may require that an Employee provide a further medical certificate
from an independent Registered Practitioner where an Employee has been on
personal leave for at least six weeks and has a medical certificate indicating on-
going need for personal leave. The Employee will select a Registered Practitioner
from a list of at least three Registered Practitioners nominated by the Employer.
(b) The Employer may require that an Employee provide further documentary
evidence to the satisfaction of the Employer where an Employee has been on
carer’s leave for at least two weeks including evidence stating the condition of the
person concerned and that this condition requires the continued care or support
of the Employee.
45.7 Employee’s incapacity to undertake duties
(a) If the Employer has a genuine concern about an Employee’s capacity to undertake
their duties, the Employer may require that the Employee provide a medical
certificate from an independent Registered Practitioner. The Employee will select
a Registered Practitioner from a list of at least three Registered Practitioners
nominated by the Employer.
45.8 Failure to provide relevant documentary evidence
(a) Failure by the Employee to provide documentary evidence as required by the
Employer within a reasonable period of time may render the Employee ineligible
for payment for personal/carer’s leave under this clause.
45.9 Absence on public holidays
(a) If the period during which an Employee takes paid personal/carer’s leave includes
a day or part-day that is a public holiday, the Employee is taken not to be on paid
personal/carer’s leave on that public holiday.
45.10 Unpaid personal leave
(a) An Employee who has exhausted all paid personal/carer’s leave entitlements may,
with the consent of the Employer, take unpaid personal leave. The Employer will
require that the Employee provide documentary evidence to support the unpaid
personal leave to the satisfaction of the Employer.
45.11 Unpaid carer’s leave
(a) An Employee who has exhausted all paid personal/carer’s leave entitlements may
take unpaid carer’s leave to provide care or support in the circumstances outlined
in clauses 45.1.(a) (ii) or 45.1.(a) (iii) providing the Employee complies with the
notice and evidence requirements outlined in clause 45.4. The Employer and the
Employee will agree on the period of unpaid leave. In the absence of agreement,
the Employee may take two days unpaid carer’s leave per occasion.
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(b) Alternatively, the Employee may, with the consent of the Employer, elect to work
make up time, under which the Employee takes time off during ordinary hours and
works those hours at a later time during the Employee’s spread of ordinary hours.
45.12 Casual employees – caring responsibilities
(a) Casual Employees may be unavailable to attend work or may be required to leave
work if they need to care for members of their immediate family or household who
are sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(b) The Employer and a casual Employee will agree on the period for which the casual
Employee may be unavailable to attend work. In the absence of agreement, a
casual Employee is permitted to be absent from work for two days per occasion. A
casual Employee is not entitled to any payment for the period of non-attendance.
(c) A casual Employee must comply with the notice and evidence requirements
outlined in this clause 45.
45.13 Sick leave during annual leave
(a) Where an Employee (other than a casual Employee) becomes ill during a period of
annual leave, they may be granted personal/carer’s leave on production of a
medical certificate by a registered health practitioner or a statutory declaration.
45.14 Return to work from personal accident or illness
(a) The Employer will provide flexible employment arrangements to accommodate an
Employee returning to work from personal accident or serious illness, including the
provision of modified or light duties.
(b) Where an Employee is required to attend medical appointments as part of their
rehabilitation program, they may elect to work flexible hours or utilise leave
entitlements to cover the period of absence.
46 COMPASSIONATE LEAVE
46.1 The Employee’s immediate family includes:
(a) a spouse (including a former spouse, a de facto partner and a former de facto
partner) of the Employee. A de facto partner means a person who, although not
legally married to the Employee, lives with the Employee in a relationship as a
couple on a genuine domestic basis (whether the Employee and the person are the
same sex or different sexes).
(b) a child or an adult child (including an adopted child, a step child or an ex nuptial
child), parent, grandparent, grandchild or sibling or the Employee or the
Employee’s spouse or de facto partner.
(c) those people related by birth to the employee where the employee is an adopted
person or birth parent.
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(d) those people related by birth to the employee where the employee is a donor-
conceived person or the donor of a donor-conceived person.
46.2 Amount of compassionate leave
(a) An Employee, other than a casual Employee, is entitled to up to three days paid
compassionate leave on each occasion when a member of the Employee’s
immediate family or a member of the Employee’s household:
(i) contracts or develops a personal illness that poses a serious threat to his or
her life
(ii) sustains a personal injury that poses a serious threat to his or her life; or
(iii) dies
(b) Each of which constitutes a permissible occasion for the purposes of this clause 46.
(c) An Employee may take compassionate leave for a particular permissible occasion
if the leave is taken:
(i) to spend time with the member of the Employee’s immediate family or
household who has contracted or developed a personal illness or sustained a
personal injury referred to in clause 46.2.(a).
(ii) after the death of a member of the Employee’s immediate family or
household referred to in clause 46.2.(a).
(d) An Employee is not required to take compassionate leave in respect of a
permissible occasion consecutively.
(e) Compassionate leave will not accrue from year to year and will not be paid out on
termination of the employment of the Employee.
46.3 Payment for compassionate leave (other than for casual employees)
(a) An Employee, other than a casual Employee, who takes paid compassionate leave,
is entitled to be paid at his or her salary for ordinary hours of work in the period in
which the compassionate leave is taken.
46.4 Unpaid compassionate leave
(a) An Employee including a casual Employee may take unpaid compassionate leave of
up to three days per permissible occasion by agreement with the Employer.
(b) In addition to the other provisions of this clause, Employees of Aboriginal or Torres
Strait Islander descent may be granted unpaid leave of up to three days per
permissible occasion in relation to the death of an extended family member.
-
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46.5 Notice and evidence requirements
(a) An Employee who is taking compassionate leave under this clause must give notice
to the Employer as soon as practicable (which may be at time after the
compassionate leave has started) and must advise the Employer of the period, or
expected period, of the compassionate leave.
(b) An Employee must provide the Employer with satisfactory evidence to support the
taking of compassionate leave. Satisfactory evidence may include a medical
certificate from a Registered Practitioner (as the term is defined in clause 45.4.(c)
a statutory declaration or other relevant documentary evidence to the reasonable
satisfaction of the Employer.
(c) The Employee is not entitled to compassionate leave under this clause unless the
Employee complies with the evidence and notice requirements set out in this
clause.
47 LONG SERVICE LEAVE
47.1 Basic entitlement
(a) An Employee (other than a casual Employee) is entitled to 495.6967 hours
(3 months) long service leave with pay for each period of 10 years paid full time
continuous service with the Parliament of Victoria. Employees who have any
periods of service that are part time or casual will accrue leave on a pro rata basis.
(b) An Employee may access this entitlement, on a pro-rata basis, after an initial 7 years
of paid continuous service.
47.2 Payment of outstanding entitlement on termination
(a) An Employee who, upon retirement, resignation or termination of employment,
has an outstanding long service leave entitlement, will be entitled to an amount
equal to the unused long service leave entitlement.
47.3 Holidays during Leave
(a) Where a public holiday occurs during a period of long service leave granted to an
Employee, the public holiday is not to be regarded as part of the long service leave
and the Employer will grant the Employee a day off in lieu.
47.4 Time of taking leave
(a) The Member may determine the time for granting long service leave so that the
Member’s operations will not be unduly affected by the granting of long service
leave to numbers of Employees at or about the same time.
47.5 Period of leave
(a) An Employee who is entitled to take their long service leave will take the whole or
any part of their entitlement at the current time fraction they work.
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(b) Notwithstanding clause 47.5.(a) above, the Employer and the Employee may agree
that the whole or any part of their entitlement can be taken at a different time
fraction to that currently worked.
(c) After concluding their period of leave, the Employee will return to the time fraction
they worked immediately prior to going on leave, unless otherwise agreed by the
Employer and the Employee.
47.6 Eligible period of service
(a) “Eligible period of service” in relation to an Employee means the period of
continuous service between four years and seven years.
(b) An Employee is entitled, or in the case of death is deemed to have been entitled,
to an amount of long service leave with pay equalling one-fortieth of the
Employee’s eligible period of service with the Parliament of Victoria if
(i) on account of age or ill health:
the Employee retires or is retired; or
the employment of the Employee is terminated by the Employer; or
(ii) the employment of the Employee is terminated for any other reason except
for serious misconduct or resignation by the Employer; or
(iii) the Employee dies.
(c) Any periods of long service leave for which leave has been taken or pay in lieu has
been made shall be used for the purposes of calculating service, but no further
payment can be made or leave taken with respect to those periods.
(d) No periods of unpaid leave shall be recognised as service.
47.7 Payment for leave
(a) In computing the pay of an Employee for or in lieu of long service, that pay includes:
(i) if the Employee is receiving salary maintenance, that salary maintenance; and
(ii) any additional payment payable for a temporary assignment where the
assignment has continued for a period of at least 12 months before the
commencement of the leave; and
(iii) any annual allowance payable to the Employee which the Employer
determines should be included, but does not include:
any allowance payable under clause 40, payment of overtime, or penalty
rates; or
any travelling or transport allowance; or
any allowance in the nature of reimbursement of expenditure
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(b) Nothing in this clause entitles an Employee to long service leave (or payment for
long service leave) in respect of a period of service for which the Employee was
entitled to receive long service leave (or payment for long service leave) from an
Employer other than the Employer or for which the Employee has received long
service leave (or a payment in respect of long service leave) from any Employer.
48 RECOGNISED SERVICE FOR PERSONAL LEAVE AND LONG SERVICE LEAVE
PURPOSES
48.1 The following will be recognised by the Employer as service for the purpose of calculating
personal/carer’s leave and long service leave entitlement (“Recognised Service”) under
this clause:
(a) any service with a State, Commonwealth or Territory of Australia Government
Department or Parliamentary Department or Public Service Authority; or
(b) any service with a public entity under the Public Administration Act 2004 (Vic); or
(c) any service with a local governing body that is established by or under a law of
Victoria.
Notwithstanding the above, the Employer may recognise any service with a public
sector authority or local governing body of the Commonwealth, a State other than
Victoria or a Territory of Australia.
48.2 An “authority” means an authority, whether incorporated or not, that is constituted by
or under a law of a State, the Commonwealth or a Territory of Australia for a public
purpose.
48.3 Recognised Service does not include any period of service:
(a) which preceded a continuous gap in approved recognised service of greater than
12 months other than:
(i) an absence of 3 years or less in the nature of retirement occasioned by
disability; or
(ii) an absence of 2 years or less which, in the opinion of the Employer, was
caused by special circumstances; or
(b) during any absence from duty on maternity, parternity/partner or adoption leave
without pay; or
(c) except to the extent (if any) authorised by the Employer, during any other absence
on leave without pay; or
(d) during any absence from duty when the Employee was in receipt of weekly
payments of compensation under the Workplace Injury Rehabilitation and
Compensation Act 2013 or any corresponding previous enactment, other than the
first 12 months of that period; or
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(e) which followed the date on which a pension under the State Superannuation Act
1988 (or similar provision applying to persons on the staff of a declared authority)
became payable by reason of retirement on the ground of disability, other than a
period not exceeding 12 months during which a pension under section 83A(1) of
that Act (or similar provision applying to persons on the staff of a declared
authority) was paid; or
(f) from which the Employee was dismissed for disciplinary reasons.
48.4 An Employee who has received a Targeted Separation Package from the Parliament of
Victoria or the Victorian Public Sector will, on re-employment with the Parliament of
Victoria, have their prior service recognised, provided that this service does not precede
a continuous gap in approved recognized service of greater than 12 months.
48.5 An Employee who has received a Voluntary Departure Package from the Parliament of
Victoria or the Victorian Public Sector will not have their prior service recognized on re-
employment in the Parliament of Victoria.
48.6 An application for the recognition of prior service under this clause must be made within
six months of an Employee’s starting date with the Parliament of Victoria.
49 FAMILY VIOLENCE LEAVE
49.1 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.
49.2 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).
49.3 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.
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49.4 General Measures
Evidence of family violence may be required and can be in the form of an agreed
document issued by the Police Service, a Court, a registered health practitioner, a
Family Violence Support Service, district nurse, maternal and health care nurse or
Lawyer. A signed statutory declaration can also be offered as evidence.
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.
No adverse action will be taken against an Employee if their attendance or
performance at work suffers as a result of experiencing family violence.
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.
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.
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 49.5 and clause 49.6.
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.
49.5 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 45
from an Employee seeking to utilise their personal/carer’s leave entitlement.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
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49.6 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.
(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.
50 PARENTAL LEAVE
50.1 Application
(a) Eligible Employees are entitled to parental leave under this clause if the leave is
associated with:
(i) the birth of a Child of the Employee, the Employee’s Spouse or the Employee’s legal
surrogate or the placement of a Child with the Employee for adoption; and
(ii) the Employee has or will have a responsibility for the care of the Child.
(b) An Employee currently on parental leave is not required to return to work in order to
access a further period of parental leave under this clause.
50.2 Definitions
For the purposes of this clause:
(a) Eligible Employee means:
(i) a full time or part-time Employee, whether employed on an ongoing or fixed term
basis, or
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(ii) a Long Term Casual Employee who has, but for accessing parental leave under this
clause, a reasonable expectation of continuing employment by the Employer on a
regular and systematic basis.
(b) Continuous Service is work for the Employer on a regular and systematic basis (including
any period of authorised leave) and any period of Recognised Prior Service (as defined in
clause 50.2(g).
(c) Child means:
(i) in relation to birth-related leave, a child (or children from a multiple birth) of the
Employee or the Employee’s Spouse or the Employee’s legal surrogate; or
(ii) in relation to adoption-related leave, a child (or children) who will be placed with
an Employee, and:
who is, or will be, under 16 as at the day of placement, or the expected day of
placement;
has not, or will not have, lived continuously with the Employee for a period of
6 months or more as at the day of placement, or the expected day of
placement; and
is not (otherwise than because of the adoption) a child of the Employee or the
Employee’s Spouse.
(d) Primary Caregiver means the person who takes primary responsibility for the care of a
newborn or newly adopted Child. The Primary Caregiver is the person who meets the
Child's physical needs more than anyone else. Only one person can be a Child's Primary
Caregiver on a particular day.
(e) Secondary Caregiver means a person who has parental responsibility for the Child but is
not the Primary Caregiver.
(f) Spouse includes a de facto spouse, former spouse or former de facto spouse. The
Employee’s de facto spouse means a person who lives with the Employee as husband,
wife or same sex partner on a bona fide domestic basis, whether or not legally married
to the Employee.
(g) Recognised Prior Service means any service immediately prior to the Employee’s
employment with the Employer, where the Employee was employed:
(i) by a public entity under the Public Administration Act 2004 (Vic);
(ii) under Part 6 of the Public Administration Act 2004 (Vic); or
(iii) as an electorate officer under the Parliamentary Administration Act 2005 (Vic);
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50.3 Summary of Parental Leave Entitlements
(a) The entitlements summarised in the table below apply to a period of Parental Leave
commencing on or after this Agreement commences operation.
Paid leave Unpaid leave Total
Primary Caregiver
More than 3 months
Continuous Service
16 weeks Up to 36
weeks
52 weeks
Less than 3 months
Continuous Service
0 Up to 52
weeks
52 weeks
Long Term Casual Employee 0 Up to 52
weeks
52 weeks
Secondary Caregiver
More than 3 months
Continuous Service
4 weeks Up to 48
weeks
52 weeks
More than 3 months
Continuous Service and takes
over the primary
responsibility for the care of
the Child within first 78
weeks
An
additional 12
weeks
Up to 36
weeks
52 weeks
Less than 3 months
Continuous Service
0 Up to 52
weeks
52 weeks
Long Term Casual Employee 0 Up to 52
weeks
52 weeks
Pre-natal leave
Pregnant employee 38 hours
Spouse 7.6 hours
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Paid leave Unpaid leave Total
Pre-adoption leave
More than 3 months
Continuous Service
2 days
Permanent Care Leave
More than 3 months
Continuous Service
16 weeks Up to 36
weeks
52 weeks
Less than 3 months
Continuous Service
0 Up to 52
weeks
52 weeks
Grandparent Leave
Grandparent Leave 0 Up to 52
weeks
52 weeks
50.4 Parental Leave – Primary Caregiver
(a) An Eligible Employee, who has, or will have, completed at least three months paid
Continuous Service and who will be the Primary Caregiver at the time of the birth or
adoption of their Child, is entitled to up to 52 weeks parental leave, comprising:
(i) 16 weeks paid parental leave; and
(ii) up to 36 weeks unpaid parental leave.
(b) An Eligible Employee who will be the Primary Caregiver, who has not completed at least
three months paid Continuous Service at the time of the birth or adoption of their Child,
or a Long Term Casual Employee, is entitled to up to 52 weeks unpaid parental leave.
(c) Only one parent can receive Primary Caregiver parental leave entitlements in respect to
the birth or adoption of their Child. An Employee cannot receive Primary Caregiver
parental leave entitlements:
(i) if their Spouse is, or will be, the Primary Caregiver at the time of the birth or
adoption of their Child, or
(ii) if their Spouse has received, or will receive, paid parental leave, primary caregiver
entitlements, or a similar entitlement, from their employer; or
(iii) if the Employee has received, or will receive, Secondary Caregiver parental leave
entitlements in relation to their Child.
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50.5 Parental Leave – Secondary Caregiver
(a) An Eligible Employee who has, or will have, completed at least three months paid
Continuous Service and who will be the Secondary Caregiver at the time of the birth or
adoption of their Child, is entitled to up to 52 weeks parental leave, comprising:
(i) 4 weeks paid parental leave; and
(ii) 12 weeks Additional paid Secondary Caregiver parental leave, subject to the
conditions in clause 50.6, and
(iii) unpaid parental leave to bring the total available paid and unpaid leave to 52
weeks.
(b) An Eligible Employee who will be the Secondary Caregiver, and has not completed at least
three months paid Continuous Service at the time of the birth or adoption of their Child,
or a Long Term Casual Employee is entitled to up to 52 weeks unpaid parental leave.
(c) Only one parent can receive Secondary Caregiver parental leave entitlements in respect
to the birth or adoption of their Child.
(d) An Employee cannot receive Secondary Caregiver parental leave entitlements where the
Employee has received Primary Caregiver parental leave entitlements in relation to their
Child.
50.6 Additional paid leave for Secondary Caregiver
(a) A Secondary Caregiver is entitled to up to an additional 12 weeks’ paid leave within the
first 78 weeks of the date of birth or adoption of the Child provided that:
(i) the Secondary Caregiver assumes primary responsibility for the care of a child,
by meeting the Child's physical needs more than anyone else; and
(ii) the Secondary Caregiver’s spouse is not concurrently taking primary
responsibility for the care of the Child or receiving paid parental leave, primary
caregiver entitlements or a similar entitlement from their employer.
(b) To access additional paid leave, the Employee must have been eligible for paid Secondary
Caregiver leave at the time of birth or adoption of their Child, irrespective of when the
Employee elects to take the paid leave under this clause.
50.7 Pre-Natal Leave
(a) A pregnant Employee will have access to paid leave totalling up to 38 hours per
pregnancy to enable the Employee to attend routine medical appointments associated
with the pregnancy.
(b) An Employee who has a Spouse who is pregnant will have access to paid leave totalling
up to 7.6 hours per pregnancy to enable the Employee to attend routine medical
appointments associated with the pregnancy.
(c) The Employee is required to provide a medical certificate from a registered medical
practitioner confirming that the Employee or their Spouse is pregnant. Each absence on
pre-natal leave must also be covered by a medical certificate.
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(d) The Employer should be flexible enough to allow the Employee the ability to leave work
and return on the same day.
(e) Paid pre-natal leave is not available to casual Employees.
50.8 Pre-adoption leave
(a) An Employee seeking to adopt a Child is entitled to two days paid leave for the purpose
of attending any compulsory interviews or examinations as are necessary as part of the
adoption procedure.
(b) An Employee seeking to adopt a Child may also access further unpaid leave. The
Employee and the Employer should agree on the length of any unpaid leave. Where
agreement cannot be reached, the Employee is entitled to take up to two days unpaid
leave.
(c) Where accrued paid leave is available to the Employee, the Employer may require the
Employee to take such leave instead of taking unpaid leave under this sub-clause.
(d) The Employer may require the Employee to provide satisfactory evidence supporting the
leave.
(e) The Employer should be flexible enough to allow the Employee the ability to leave work
and return on the same day.
(f) Paid pre-adoption leave is not available to casual Employees.
50.9 Permanent Care Leave
An Employee will be entitled to access parental leave in accordance with this clause at a time
agreed with the Employer if they:
are granted a permanent care order in relation to the custody or guardianship of a Child
pursuant to the Children, Youth and Families Act 2005 (Vic) (or any successor to the
legislation) or a permanent parenting order by the Family Court of Australia, and
will be the Primary or Secondary Caregiver for that Child.
50.10 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.
50.11 Access to parental leave for an Employee whose Child is born by surrogate
An Employee whose Child is born through a surrogacy arrangement which complies with Part
4 of the Assisted Reproductive Treatment Act 2008 (Vic) (or successor instrument), is eligible to
access the parental leave entitlements outlined in clause 50. -
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50.12 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 50.14(b).
(b) The Employer may require the Employee to start parental leave if the Employee:
(i) does not give the Employer the requested certificate within seven days of the
request; or
(ii) gives the Employer a medical certificate stating that the Employee is unfit to work.
50.13 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 45.
50.14 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; or
(ii) when the Employee’s pregnancy results in the birth of a living child or when the
Employee’s pregnancy ends otherwise than with the birth of a living child.
(c) The entitlement to No Safe Job Paid Leave is in addition to any other leave entitlement
the Employee has.
50.15 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 45;
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(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 50.3 and thereafter, to unpaid
special maternity leave.
50.16 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; and
(ii) the particulars of any parental leave taken or proposed to be taken or applied for
by the Employee’s Spouse; and
(iii) that for the period of parental leave the Employee will not engage in any conduct
inconsistent with their contract of employment.
(b) At least four weeks before the intended commencement of parental leave, the Employee
must confirm in writing the intended start and end dates of the parental leave, or advise
the Employer of any changes to the notice provided in clause 50.16(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) for birth-related leave, the date of birth of the Child (including without limitation,
a medical certificate stating the date of birth or expected date of birth); or
(ii) for adoption-related leave, the commencement of the placement (or expected day
of placement) of the Child and that the Child will be under 16 years of age as at the
day of placement or expected day of placement.
(d) An Employee will not be in breach of this clause if failure to give the stipulated notice is
occasioned by confinement or the placement occurring earlier than the expected date or
in other compelling circumstances. In these circumstances the notice and evidence
requirements of this clause should be provided as soon as reasonably practicable.
50.17 Commencement of parental leave
(a) An Employee who is pregnant may commence Primary Caregiver parental leave at any
time within 16 weeks prior to the expected date of birth of the Child. In all other cases,
Primary Caregiver parental leave commences on the day of birth or placement of the
Child.
(b) Secondary Caregiver parental leave may commence up to one week prior to the expected
birth or placement of the Child. Where a Secondary Caregiver takes additional paid leave
in accordance with clause 50.6, the additional leave will commence on the date the
Employee takes on primary responsibility for the care of a Child.
(c) The Employer and Employee may agree to alternative arrangements regarding the
commencement of parental leave.
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(d) The period of parental leave for the purpose of calculating an Employee’s maximum
entitlement to paid and unpaid parental leave will commence from the date parental
leave commences or otherwise no later than the date of birth of the Child, irrespective
of when the Employee elects to use any paid entitlements they may have under this
clause.
50.18 Rules for taking parental leave entitlements
(a) Parental leave is to be available to only one parent at a time, except parents may take
up to eight weeks leave concurrently with each other, comprising any paid leave to which
the Employee may be eligible for under clause 50.3 or unpaid, in connection with the
birth or adoption of their Child (Concurrent Leave).
(i) Concurrent Leave may commence one week prior to the expected date of birth of
the Child or the time of placement in the case of adoption.
(ii) Concurrent leave can be taken in separate periods, but each block of concurrent
leave must not be less than 2 weeks, unless the Employer otherwise agrees.
(b) While an Employee’s eligibility for parental leave is determined at the time of birth or
adoption of the Child, the Employee and Employer may agree to permit the Employee to
use the paid leave entitlements outlined in this clause at any time within the first 52
weeks of parental leave, or where an extension is granted under clause 50.23(b), within
the first 78 weeks where clause 50.6 is invoked or otherwise the first 104 weeks.
(c) Parental leave does not need to be taken in a single continuous period. The Employer
and Employee will agree on the duration of each block of parental leave. The Employer
will consider their operational requirements and the Employee’s personal and family
circumstances in considering requests for parental leave in more than one continuous
period. Approval of such requests will not be unreasonably refused.
50.19 Using other accrued leave in conjunction with Parental Leave
An Employee may in lieu of or in conjunction with parental leave, access any annual leave
or long service leave entitlements which they have accrued subject to the total amount
of leave not exceeding 52 weeks or a longer period as agreed under clause 50.23(b).
50.20 Public holidays during a period of paid parental leave
Where a Public Holiday occurs during a period of paid parental leave, the Public Holiday
is not to be regarded as part of the paid parental leave and the Employer will grant the
Employee a day off in lieu, to be taken by the Employee immediately following the period
of paid parental leave.
50.21 Effect of unpaid parental leave on an Employee’s continuity of employment
Other than provided for in clause 47(Long Service Leave), unpaid parental leave under
clauses 50.4, 50.5, 50.23 and 50.29 shall not break an Employee’s continuity of
employment but it will not count as service for leave accrual or other purposes.
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50.22 Keeping in touch days
(a) During a period of parental leave, the Employer and Employee may agree to perform
work for the purpose of keeping in touch in order to facilitate a return to employment at
the end of the period of leave.
(b) Keeping in touch days must be agreed and be in accordance with section 79A of the FW
Act.
50.23 Extending parental leave
(a) Extending the period of parental leave where the initial period of parental leave is less
than 52 weeks
(i) An Employee, who is on an initial period of parental leave of less than 52 weeks
under clause 50.4 or 50.5, may extend the period of their parental leave on one
occasion up to the full 52 week entitlement.
(ii) The Employee must notify the Employer in writing at least four weeks prior to the
end date of their initial parental leave period. The notice must specify the new end
date of the parental leave.
(b) Right to request an extension to parental leave beyond the initial 52-week period to a
maximum of 104 weeks
(i) An Employee who is on parental leave under clause 50.4 or Error! Reference source
not found. may request an extension of unpaid parental leave for a further period
of up to 12 months immediately following the end of the current parental leave
period.
(ii) In the case of an Employee who is a member of a couple, the period of the
extension cannot exceed 12 months, less any period of parental leave that the
other member of the couple will have taken in relation to the Child.
(iii) The Employee’s request must be in writing and given to the 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.
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50.24 Total period of parental leave
(a) The total period of parental leave, including any extensions, must not extend beyond 24
months.
(b) In the case of a couple, the total period of parental leave for both parents combined,
including any extensions, must not extend beyond 24 months. The Employee’s
entitlement to parental leave under clause 50.4 or 50.5 will reduce by the period of any
extension taken by a member of the couple under clause 50.23.
50.25 Calculation of pay for the purposes of parental leave
(a) The calculation of weekly pay for paid parental leave purposes will be based on the
Employee’s average number of ordinary hours over the past three years from the
proposed commencement date of parental leave (Averaging Period).
(b) Where an Employee has less than three years of service the Averaging Period will be their
total period of service as a parliamentary officer which may include periods of recognised
service with the VPS as set out in clause 50.2(g).
(c) The calculation will exclude any of the following periods which fall during the Averaging
Period:
(i) periods of unpaid parental leave, and
(ii) any time worked at a reduced time fraction in order to better cope during
pregnancy, and
(iii) authorised unpaid leave for an unforeseen reason beyond the Employee’s control,
and
(iv) time worked at a reduced time fraction on returning to work after a period of
parental leave under clause 50.30(c).
(d) For the purposes of clause 50.25(c)(iii), an ‘unforeseen reason beyond the Employee’s
control’ may include, for example, a personal illness or injury suffered by the Employee,
or the care or support of an ill or injured Immediate Family or household member by the
Employee. But would not include leave taken for lifestyle or personal reasons, career
breaks or leave to undertake other employment.
(e) The average number of weekly hours, determined in accordance with clause 50.25(a)
above, will be then applied to the annual Salary applicable to the Employee’s
classification and salary point at the time of taking parental leave to determine the actual
rate of pay whilst on parental leave.
50.26 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.
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50.27 Employer Superannuation contributions in respect of Primary Caregiver Parental Leave
An Employee who returns to work at the conclusion of a period of Primary Caregiver
Parental Leave will be entitled to have superannuation contributions made in respect of the
period of the Employee’s Primary Caregiver Parental Leave, subject to requirements in
clause 34 (Superannuation).
50.28 Effect of parental leave on progression for Primary Caregivers
An Employee who returns to work at the conclusion of a period of Primary Caregiver
Parental Leave may be entitled to Progression Steps or Amounts forgone as a result of being
on parental leave in accordance with clause 31 (Incremental Progression).
50.29 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.
50.30 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 clause 50.30(b)(iii), an Employee will be entitled to the position which
they held immediately before proceeding on parental leave. In the case of an
Employee transferred to a safe job pursuant to clause 50.14 above, the Employee
will be entitled to return to the position they held immediately before such
transfer.
(iii) Where such position no longer exists but there are other positions available which
the Employee is qualified for and is capable of performing, the Employee will be
entitled to a position as nearly comparable in status and pay to that of their former
position.
(c) Returning to work at a reduced time fraction
(i) To assist an Employee in reconciling work and parental responsibilities, an
Employee may request to return to work at a reduced time-fraction until their Child
reaches school age, after which the Employee will resume their substantive time-
fraction.
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(ii) Where an Employee wishes to make a request under clause 50.30(c)(i) such a
request must be made as soon as possible but no less than seven weeks prior to
the date upon which the Employee is due to return to work from parental leave.
50.31 Lactation breaks
(a) Employees cannot be discriminated against for breastfeeding or chestfeeding or
expressing milk in the workplace.
(b) An Employee who wishes to continue breastfeeding or chestfeeding after returning to
work from a period of parental leave or keeping in touch days, may take reasonable time
during working hours without loss of pay to do so.
(c) Paid lactation breaks are in addition to normal meal and rest breaks provided for in this
Agreement.
50.32 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 50.32(a).
50.33 Replacement Employees
(d) 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.
(e) Before the Employer engages a replacement Employee the Employer must inform that
person of the temporary nature of the employment and of the rights of the Employee
who is being replaced.
(f) The limitation on the use of fixed term employment to replace the Employee does not
apply in this case.
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50.34 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.
51 MISCELLANEOUS LEAVE
51.1 Full time and part time Employees may be eligible to access non-accruing miscellaneous
leave with or without pay subject to approval by the employing Member, for absences
associated with:
(a) Jury service
(i) An Employee required to attend for jury service under the Juries Act 2000 (Vic)
is entitled to leave with pay for the period during which his or her attendance
is required. The Employee must provide a certificate of attendance issued by
the Juries Commissioner as evidence of attendance
(ii) Any payment made to the Employee in accordance with the Juries Act 2000
(Vic) for serving as a juror during his or her ordinary hours of work must be
repaid to the Employer, less an amount for reasonable expenses actually
incurred.
(b) Defence force leave
(i) Leave with pay may be granted for Defence Reserve service up to a maximum
period of 78 weeks continuous service.
(ii) An Employee required to complete Defence Reserve service will consult with
the Employer regarding the proposed timing of the service and will give the
Employer as much notice as is possible of the time when the service will take
place.
(iii) Where the base salary excluding allowances received by the Employee from
the Australian Defence Force in respect of Defence Reserve service during his
or her ordinary hours of work is below the Employee’s salary, the Employer
will, unless exceptional circumstances arise, pay to the Employee make-up
pay for the period of Defence Reserve service.
(iv) For Employees in employment prior to 9 May 2002, any more favourable
provision relating to their previous entitlement to Defence Force leave is
maintained.
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(c) Cultural and ceremonial leave
NAIDOC Week Leave
(i) An Employee of Aboriginal or Torres Strait Islander decent is entitled to one
day of paid leave per year to participate in National Aboriginal and Islander
Day Observance Committee (NAIDOC) week activities and events.
(ii) NAIDOC week leave will not accrue from year to year and will not be paid out
on termination of the employment of the Employee.
Leave to attend Aboriginal community meetings
(iii) The Employer may approve attendance during working hours by an Employee
of Aboriginal or Torress Strait Islander descent at any Aboriginal community
meetings, except the Annual General Meetings of Aboriginal community
organisations at which the election of officer bearers will occur
Leave to attend Annual General Meetings of Aboriginal community organisations
(iv) The Employer may grant an Employee of Aboriginal or Torres Strait Islander
descent accrued annual or other leave to attend Annual General Meetings of
Aboriginal community organisations at which the election of office bearers
will occur.
Ceremonial Leave
(iv) Ceremonial leave may be granted to an Employee of Aboriginal or Torres
Strait Islander descent for ceremonial purposes:
connected with the death of a member of the immediate family or
extended family (provided that no Employee shall have an existing
entitlement reduced as a result of this clause); or
for other ceremonial obligations under Aboriginal and Torres Strait
Islander law.
(vii) Where ceremonial leave is taken for the purposes outlined in
clause 51.1(c)(i), up to three days in each year of employment will be with
pay. Paid ceremonial leave will not accrue from year to year and will not be
paid out on termination of the employment of the Employee.
(viii) Ceremonial leave granted under this clause is in addition to compassionate
leave granted under clause 46.
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(d) Infectious diseases, dangerous medical conditions
(i) Upon report by a registered medical practitioner that by reason of contact
with a person suffering from an infectious disease and through the operation
of restrictions imposed by law in respect of such disease, an Employee is
unable to attend work, the Employer may grant the Employee special leave
of absence with pay. The period of leave must not be for any period beyond
the earliest date at which it would be practicable for the Employee to return
to work having regard to the restrictions imposed by law.
(ii) Where the Employer reasonably believes that the Employee is in such state
of health as to render the Employee a danger to other Employees, themselves
or other persons, the Employer may require the Employee to absent himself
or herself from the workplace until the Employee obtains and provides to the
Employer a report from a registered medical practitioner. Upon receipt of
the medical report, the Employer may direct the Employee to be absent from
duty for a specified period or, if already on leave, direct such Employee to
continue on leave for a specified period. Any such absence of an Employee
must be regarded as personal/carer’s leave.
(e) Leave to attend alcohol, drug rehabilitation or problem gambling program
(i) 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:
the Employee’s work performance is adversely affected by the misuse
of drugs or alcohol or problem gambling;
the Employee is prepared to undertake a course of treatment designed
for the rehabilitation of persons with alcohol or drug misuse or
gambling related problems; and
in the case of an alcohol or drug addiction, a registered medical
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
in the case of problem gambling the Employee satisfies the eligibility
criteria for entry into an approved problem gambling rehabilitation
program.
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(ii) On production of proof of attendance at an approved rehabilitation program
in accordance with clause 51.1. (e) (i) an Employee who has completed two
years continuous service and who has exhausted all other accrued leave
entitlements may be granted leave with pay up to the maximum number of
day specified below.
COMPLETED 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
(iii) 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.
(f) Leave for blood donations
Leave may be granted to an Employee without loss of pay to visit the Red Cross
Blood Bank as a donor once every 12 weeks.
(g) Leave to engage in emergency management activities
(i) An Employee who engages in a voluntary emergency management activity
with a recognised emergency management body that requires the
attendance of the Employee at a time when the Employee would otherwise
be required to be at work is entitled to leave with pay for:
time when the Employee engages in the activity;
reasonable travelling time associated with the activity; and
reasonable rest time immediately following the activity.
(ii) The Employee must advise the Employer as soon as practicable if the
Employee is required to attend a voluntary emergency management activity
and must advise the Employer of the expected or likely duration of the
Employee’s attendance. The Employee must provide a certificate of
attendance or other evidence of attendance as reasonably requested by the
Employer.
(iii) Recognised emergency management bodies include but are not limited to
the Country Fire Authority, Red Cross, State Emergency Service and St John
Ambulance.
(iv) 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.
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(h) Leave to engage in voluntary community activities
(i) An Employee who is elected to a committee of management of a community
organisation may, if the Employer agrees, be granted leave with pay to fulfil
their official functions during their term of office as follows:
Chair or President - up to three hours per week, or where special
occasions arise, six hours per fortnight; or
Committee member - up to three hours per fortnight, or where special
occasions arise, six hours per month.
(i) Participation in sporting events
Leave with pay up to a maximum of two weeks in any two year period may be
granted to an Employee to participate either as a competitor or an official in any
non-professional state, national or international sporting event.
(j) Study Leave
(i) The Employer may grant to an Employee paid leave to attend an accredited
course of study provided by an educational institution or registered training
organisation.
(ii) An Employee may be granted sufficient paid leave to enable travel to and
attendance of up to 7 hours 36 minutes of classroom activity or related
project work per week.
(iii) The Employer may grant additional leave with or without pay as considered
necessary.
(iv) An Employee may be granted up to five days paid 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 this clause.
(iv) An Employee completing an accredited course through the submission of
major project work may be entitled to five days leave for the purposes of
finalising such project work.
(k) Military service sick leave
(i) The Employee will be credited with 114 hours special leave with pay for each
year of service with the Parliament from the conclusion of the Employee’s
operational, peacekeeping or hazardous service where the Employer is
satisfied that an illness of an Employee with at least six months continuous
paid service is directly attributable to, or is aggravated by, service recognised
under the Veterans’ Entitlements Act 1986, including:
operational service; or
peacekeeping service; or
hazardous service
(ii) Leave under this clause will be cumulative to a maximum of 760 hours.
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(ii) This leave is in addition to personal/carer’s leave under clause 45.
(iii) The Employer may require the Employee to provide evidence of the existence
of the illness and its relationship to service specified in clause 51.1 (k)(i) from
a registered health practitioner. For the purpose of this clause the definition
of “registered health practitioner” will be the same as for clause 45.4.(c).
(iv) For each period of special leave taken, the Employee must satisfy the same
evidentiary requirements as specified in clause 45.4.
(l) Leave without pay
(i) An Employee may be granted leave without pay by the Employer for any
purpose.
(ii) Except where special circumstances exist, leave without pay may be granted
only where all available leave with pay entitlements have been utilised.
(iii) Leave without may not be granted where the Employee intends to undertake
outside employment.
(iv) Leave without pay granted under this clause must not exceed a continuous
period of twelve months without the further approval of the Employer.
(v) Unless otherwise provided for in this Agreement, leave without pay granted
under this clause shall not break the Employee’s continuity of employment,
but shall not count as service for accrual or other purposes.
52 OCCUPATIONAL HEALTH AND SAFETY LEAVE
52.1 An Employee, upon election as a health and safety representative, shall be granted up to
5 days (38 hours) 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. An elected health and safety representative will also be
entitled to attend annual refresher training and other occupational health and safety
training which is relevant to the functions of the designated work group.
53 FIRST AID ALLOWANCE
53.1 An Employee will be paid by the Employer a First Aid Allowance where:
a) The Employee, in addition to his or her normal duties, agrees to be appointed by
the Employer to perform first aid duties:
b) the Employee must hold a current first aid certificate issued by St John Ambulance
Australia or an equivalent qualification;
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53.2 The Employee will be paid an annual allowance payable in fortnightly instalments and
the rate of the allowance will be as follows
Effective Date 1/9/2021 1/9/2022 1/9/2023
Amount $660 $673 $686
53.3 The Employer must reimburse any additional costs incurred by the Employee in obtaining
and maintaining the first aid qualification.
53.4 The establishment of First Aid Officers pursuant to this clause will be made in conjunction
with the Consultative Committee.
54 PURCHASED LEAVE
54.1 Notwithstanding any other provision of this Agreement, 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.
54.2 Where the Employer and the Employee agree to a reduction in the number of working
weeks under clause 54.1, the Employee will receive additional converted leave as
follows:
PURCHASED LEAVE RATIO ADDITIONAL ACCRUED
WEEKS TOTAL WEEKS
48/42 weeks Additional four weeks leave (eight (8) weeks in total)
49/52 weeks Additional three weeks leave (seven (7) weeks in total)
50/52 weeks Additional two weeks leave (six (6) weeks in total)
51/52 weeks Additional weeks leave (five (5) weeks in total)
54.3 This does not preclude an Employee and the Employer from agreeing to a similar type
arrangement that would provide an Employee with additional converted leave of more
than four weeks.
54.4 The Employee will receive a salary equal to the period worked (eg 48, 49, 50 or 51 weeks)
which will be spread over a 52 week period.
54.5 The accrual of personal/carer’s leave and long service leave by the Employee remains
unchanged.
54.6 The Employer will endeavour to accommodate Employee requests for arrangements
under this clause and where such changes are granted, 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.
54.7 An Employee may revert to ordinary 52 week employment by giving the Employer no
less than four weeks written notice. Where an Employee elects to revert to 52 week
employment, appropriate pro-rata salary adjustments will be made.
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PART 6 – OCCUPATIONAL HEALTH AND SAFETY
55 Accident Make-Up Pay
Where an Employee is absent from duty as a result of sustaining an injury in respect of
which the Employee is entitled to weekly payments of compensation under the
Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), the Employee will,
except where otherwise provided in this clause, be entitled to accident make-up pay
equivalent to their normal salary less the amount of weekly compensation payments.
55.1 Payment – maximum entitlement
(a) The Employer will continue to provide accident make-up pay to the Employee for either
a continuous period of 52 weeks, or an aggregate period of 261 working days, or an
aggregate of 1984 hours or pro-rata equivalent for part time Employees, unless
employment ceases.
(b) An entitlement to accident make-up pay will cease when the Employee has been absent
from work for either a continuous period of 52 weeks, or an aggregate period of 261
working days, or an aggregate of 1984 hours or when employment ceases or when the
benefits payable under the Workplace Injury Rehabilitation and Compensation Act 2013
(Vic)cease.
(c) The Employer may grant the Employee leave without pay where an entitlement to
accident make-up pay has ended.
55.2 For the avoidance of doubt, an Employee may, with the Employer’s consent, take annual
leave, long service leave or substitute leave whilst receiving accident make up pay.
55.3 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).
56 Occupational Health and Safety and Rehabilitation
56.1 Objectives
(a) This Agreement acknowledges and supports the rights of Employees to work in an environment,
which is, so far as is practicable, safe and without risks to health. The Parties are committed to
the promotion of a joint and united approach to consultation and resolution of Occupational
Health and Safety (OH&S) issues.
(b) The Agreement commits the Parties to improving health and safety with a view to improving
workplace efficiency and productivity. This will be accomplished through the ongoing
development, in consultation with Employees and their health and safety representatives, of
management systems and procedures designed to, so far as is practicable to:
(i) identify, assess and control workplace hazards; and
(ii) reduce the incidence and cost of occupational injury and illness; and
(iii) identify and appropriately manage work and work practices which impact on OH&S; and
(iv) provide a rehabilitation system for Employees affected by occupational injury or illness;
and
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(v) consider the impact of changes to work practices and staffing on occupational health and
safety, and
(vi) ensure that health and safety representatives can exercise their powers to the extent
provided for in the Occupational Health and Safety Act 2004 (Vic) and the Occupational
Health and Safety Regulations 2017.
(c) OH&S statutory requirements, including regulations and codes of practice/ compliance codes are
minimum standards and will be improved upon where practicable.
56.2 OH&S consultation
(a) The consultative mechanisms to be applied to address OH&S issues will be
(i) in accordance with the Victorian Occupational Health and Safety Act 2004 (Vic); and
(ii) established in consultation with Employees and their health and safety representatives;
and
(iii) consistent with the Employer’s agreed issue resolution procedures and the rights and
functions of health and safety representatives, consistent with the Occupational Health
and Safety Act 2004 (Vic).
(b) Where an OH&S committee is established at least half the members shall be Employees, including
health and safety representatives.
(c) The OH&S committee must operate within the requirements of the Occupational Health and
Safety Act 2004 (Vic).
(d) A CPSU Workplace representative may attend local OH&S committee meetings (by giving notice)
from time to time.
56.3 OH&S training
(a) Workplace training programs, including induction and on-the-job training will outline relevant
details of OH&S policies and procedures.
(b) The contents of OH&S training programs will outline the OH&S roles and responsibilities of
Employees, managers and supervisors, OH&S policies and procedures, particular hazards
associated with their workplaces, control measures applicable to each hazard, and how to utilise
OH&S systems to identify hazards and instigate preventative action.
(c) An Employee, upon election as a health and safety representative shall be granted up to
5 days (38 hours) paid leave, as soon as practicable after election, to undertake an
appropriate introductory health and safety representative’s course from a training
organisation of her or his choice that is approved by WorkSafe Victoria, having regard to
course places and the Employer’s operations.
(d) An elected health and safety representative will be required to attend annual refresher
training and other OH&S training which is relevant to the functions of the designated
work group.
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56.4 Designated Work Groups
(a) The Employer will review the Designated Work Groups (DWG’s) and negotiate revised DWGs
where appropriate through workplace /management consultative structures.
(b) Each elected health and safety representative will be provided with reasonable access to facilities
such as email, telephone, fax, office and computer access, where available. An Employee will be
granted reasonable time release or paid time (including time in lieu) to attend to their functions
as a health and safety representative, including but not limited to regularly inspecting workplaces
(as defined by their DWG), consulting with Employees in their DWGs, OH&S representatives and
other persons involved in the organising of Employees’ health, safety and welfare.
(c) The Employer will post and maintain current in each workplace the names and relevant contact
details, including email where available, of elected health and safety representatives for
identified DWGs. Such circular shall be required to be posted on a notice board for the regular
attention of all Employees working in the workplace.
(d) To monitor the maintenance of effective OH&S structures and training delivery the parties will
jointly establish a central register or local registers of DWG’s and their health and safety
representatives.
56.5 Bullying and violence at work
(a) The Parties to this Agreement are committed to working together to reduce bullying and
occupational assault so far as is practicable in the workplace.
56.6 Employee support and debriefing
(a) The Employer will provide support and debriefing to Employees who have directly or vicariously
experienced a “critical incident” during the course of the work that results in personal distress or
psychological trauma. The Employer is committed to assisting the recovery of Employees
experiencing distress or trauma following a critical incident with the aim of returning Employees
to their pre-incident level of functioning as soon as possible.
(b) A critical incident is defined as an event outside the range of usual human experience which has
the potential to easily overcome a person's normal ability to cope with stress. It may produce a
negative psychological response in an Employee who was involved in or witnessed, or otherwise
deals with and/or is exposed through their course of their duties to the details of such an incident.
(c) Critical incidents in the workplace environment include, but are not limited to aggravated
assaults; robbery; suicide or attempted suicide; murder; sudden or unexpected death; hostage
or siege situations; discharge of firearms; vehicle accidents involving injury and /or substantial
property damage; acts of self-harm by persons in the care of others; industrial accidents involving
serious injury or fatality; accounts of sexual violence; accounts of child abuse and domestic
violence or any other serious incidents or incidents.
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57 Industrial Relations/Occupational Health and Safety Training
57.1 In order to encourage co-operative workplace relations and facilitate the operation of
this Agreement, an Employee who has been nominated by a Union and has been
accepted by a training provider to attend a designated trade union training course may
be granted up to five days leave on full pay in any one calendar year, so long as the
granting of such leave does not unduly effect the operations of the Agency in which the
Employee is employed.
57.2 The Employee may be granted the leave specified in clause 0 where the Employer is
satisfied that the course of training is likely to contribute to a better understanding of
industrial relations, occupational health and safety, safe work practices, knowledge of
award and other industrial entitlements and the upgrading of Employee skills in all
aspects of trade union functions.
57.3 An Employee may be granted paid leave under this clause in excess of five days and up
to ten days in any one calendar year subject to the total leave taken in that calendar year
and in the subsequent calendar year not exceeding ten days.
57.4 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
their choice that is approved by the Victorian WorkCover Authority, having regard to
course places and the Employer's operations. The Employer shall meet any reasonable
costs incurred. Leave under this clause 57.40 must only be granted to an Employee on
one occasion and is additional to any other leave granted under this clause.
57.5 Additional paid leave may be approved for health and safety representatives to attend
training approved by the Victorian WorkCover Authority under the Occupational Health
and Safety Act 2004 (Vic), which is relevant to the functions of the DWG.
58 Facilities, Equipment and Accommodation – General
58.1 The Employer shall provide Employees with all such instruments, equipment, tools,
stationery and furniture as may be reasonably necessary for carrying out their work
except as otherwise agreed between the Parties to this Agreement.
58.2 The Employer shall provide, in readily accessible locations, first aid equipment adequate
for the nature of the Employee’s duties.
59 Agreement Compliance and Union Related Matters
59.1 Protection
(a) An Employee shall not be dismissed or injured in their employment or have their employment
altered to their prejudice, or be threatened with prejudicial or injurious treatment or with
dismissal by reason of their status as an Accredited Representative of a Union, engagement in
lawful activities as an authorised representative of a Union or on the basis of their membership
of a Union or participation in lawful Union activities, provided that where any such activities are
undertaken during working hours, the Employee’s release has been approved. Approval will not
be unreasonably withheld.
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(b) The Employer shall not injure a person in their employment, or alter the terms or conditions of
employment of a person to their prejudice on the basis of their membership of or participation
in the lawful activities of a Union, provided that where any such activities are undertaken during
working hours, the Employee’s release has been approved. Approval will not be unreasonably
withheld.
59.2 Facilities
(a) An Accredited Representative of a Union shall be released by the Employer from normal duties
for such periods of time as may be reasonably necessary to enable them to carry out their
representative functions including, but not limited to, investigating any alleged breach of this
Agreement, endeavouring to resolve any dispute arising out of the operation of this Agreement,
participating in any bargaining, conciliation or arbitration process conducted under the provisions
of the FW Act. Such release must not unduly affect the operations of the Agency in which the
Employee is employed.
(b) Members of a Union shall be permitted by the Employer to post written material authorised by
a Union in a place within the workplace to which members of that Union have convenient access,
and to distribute such written material by appropriate means to Union members.
(c) Employees will be allowed reasonable access to electronic communication devices to facilitate
communication between Employees and/or the Union, provided that such communication is not
offensive or improper.
59.9 Employee Representation on CPSU SPSF Victorian Branch Council
(a) Employees who are CPSU SPSF Victorian Branch Council members nominated by the Branch
Secretary of the CPSU will be entitled to a half day per month to attend Branch Council meetings.
Time release will include reasonable time to travel to the meetings.
(b) Additional paid leave will be granted to Employees who are CPSU SPSF Victorian Branch Council
members nominated by the Branch Secretary to attend:
(i) Federal Executive and Federal Council meetings of the CPSU; and
(ii) the Australian Council of Trade Unions’ triennial conference.
(c) On application, the Employer shall grant leave without pay to an Employee for the purposes of
secondment to work for a Union.
Electorate Officers (Victoria) Single Enterprise Agreement 2021 Page 75 of 76
SCHEDULE 1
Capability Principles
The parties agree to interpret and apply this Agreement in accordance with the following principles
aimed at promoting their joint commitment to the Electorate Officer Values, Code of Conduct and
professional capability:
(a) Electorate Officers are bound by the Electorate Officer Values and Code of Conduct and
these values must be maintained and upheld when performing their duties.
(b) The work of an Electorate Officer is varied and subject to change due to factors beyond the
Employee and Employer’s control. The mutual commitment to ongoing professional capability
ensures the parties’ are equipped to meet these changing requirements and maintain high
standards of service delivery to the State of Victoria.
Capability Payment
(a) During the life of the Agreement, full time and part time Employees will be eligible to receive the
Capability Payment in recognition of their commitment to the Capability Principles outlined in
Schedule 1.
(b) Employees will be eligible to receive the Capability Payment upon satisfactory completion of
training programs issued by the Employer prior to the Completion Date.
(c) The Capability Payment will be made as a once off lump sum payment as set out in the table
below (pro-rata for part time Employees):
Completion
Date
1/8/2021 1/8/2022 1/8/2023 1/8/2024
Grade 1 $964 $983 $1,003 $1,023
Grade 2 $1,102 $1,124 $1,147 $1,170
Grade 3 $1,223 $1,247 $1,272 $1,298
SIGNATORIES
SIGNED for and on behalf of PARLIAMENT OF VICTORIA by its authorised officer, PETER LOCHERT, Secretary of
the Department of Parliamentary Services, 55 St Andrews Place, East Melbourne as delegate of the Hon. Colin
Brooks MLA, Speaker of the Legislative Assembly and the Hon. Nazih Elasmar MLC, President of the Legislative
Council:
PETER LOCHERT (or representative)
SECRETARY, DEPARTMENT OF PARLIAMENTARY SERVICES
55 St Andrews Place, East Melbourne 3002
SIGNED for and on behalf of the CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION by its authorised officer,
WAYNE TOWNSEND, Victorian Branch Assistant Secretary, Level 4/128 Exhibition Street, Melbourne:
A./C1~J
~-er-202.,
Signature and Date
WAYNE TOWNSEND (or representative}
CPSU SPSF VICTORIAN BRANCH SECRETARY
Level 4/128 Exhibition Street, Melbourne 3000
SIGNED for and on behalf of the EMPLOYEE BARGAINING REPRESENTATIVES by:
Signature and Date
Electorate Officers (Victoria) Single Enterprise Agreement 2021
TINA BILLSON
EMPLOYEE BARGAINING REPRESENTATIVE
2 Brentford Square, Forest Hill VIC 3131
RAELEIGH SPEEDIE
EMPLOYEE BARGAINING REPRESENTATIVE
231 Main Street, Mo~nington VIC 3931
Page 76 of 76
SIGNATORIES SIGNED for and on behalf of PARLIAMENT OF VICTORIA by its authorised officer, PETER LOCHERT, Secretary of the Department of Parliamentary Services, 55 St Andrews Place, East Melbourne as delegate of the Hon. Colin Brooks MLA, Speaker of the Legislative Assembly and the Hon. Nazih Elasmar MLC, President of the Legislative Council: PETER LOCHERT (or representative) Signature and Date 27/9/2021 SECRETARY, DEPARTMENT OF PARLIAMENTARY SERVICES 55 St Andrews Place, East Melbourne 3002 SIGNED for and on behalf of the CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION by its authorised officer, WAYNE TOWNSEND, Victorian Branch Assistant Secretary, Level 4/128 Exhibition Street, Melbourne: NE Townsend. 27-9-2021 Signature and Date - WAYNE TOWNSEND (or representative) CPSU SPSF VICTORIAN BRANCH SECRETARY Level 4/128 Exhibition Street, Melbourne 3000 SIGNED for and on behalf of the EMPLOYEE BARGAINING REPRESENTATIVES by: TINA BILLSON Signature and Date EMPLOYEE BARGAINING REPRESENTATIVE Rf le 30/9/20 2 Brentford Square, Forest Hill VIC 3131 Signature and Date EMPLOYEE BARGAINING REPRESENTATIVE 231 Main Street, Mornington VIC 3931 Electorate Officers (Victoria) Single Enterprise Agreement 2021 Page 76 of 76
IN THE FAIR WORK COMMISSION
FWC Matter No.: AG2021 /7669
Applicant: Parliament of Victoria
Section 185 - Application for approval of a single enterprise agreement
Undertaking -Section 190
I, Peter Lochert, Secretary of the Department of Parliamentary Services have the authority
given to me by the Presiding Officers, the Hon. Colin Brooks MLA, Speaker of the Legislative
Assembly and the Hon. Nazih Elasmar MLC, President of the Legislative Council, acting
jointly, to give the following undertakings with respect to the Electorate Officers' (Victoria)
Single Enterprise Agreement 2021 ("the Agreement"):
Clause 27.4 Abandonment of Employment
Clause 27.4 is subject to the Requirements for Notice of Termination outlined in
section 117 of the Fair Work Act 2009.
These undertakings are provided on the basis of issues raised by the Fair Work Commission
in the application before the Fair Work Commission.
a
f. lo . ~1/
Date
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/7669 Applicant: Parliament of Victoria Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Peter Lochert, Secretary of the Department of Parliamentary Services have the authority given to me by the Presiding Officers, the Hon. Colin Brooks MLA, Speaker of the Legislative Assembly and the Hon. Nazih Elasmar MLC, President of the Legislative Council, acting jointly, to give the following undertakings with respect to the Electorate Officers' (Victoria) Single Enterprise Agreement 2021 ("the Agreement"): Clause 27.4 Abandonment of Employment Clause 27.4 is subject to the Requirements for Notice of Termination outlined in section 117 of the Fair Work Act 2009. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. 8. 10. 2021 Signature Date
