1
Broadcasting and recorded entertainment industry
COMMISSIONER YILMAZ MELBOURNE, 21 OCTOBER 2021
Application for approval of the Australian Centre for the Moving Image (ACMI) Enterprise
Agreement 2020 - 2024
[1] An application has been made for approval of an enterprise agreement known as the
Australian Centre for the Moving Image (ACMI) Enterprise Agreement 2020 - 2024 (the
Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).
It has been made by Australian Centre for the Moving Image (ACMI) T/A ACMI. The
Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this
application for approval and have been met. The Agreement does not cover all of the employees
of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied
that the group of employees was fairly chosen.
[3] The Community and Public Sector Union and the Media, Entertainment and Arts
Alliance, being bargaining representatives for the Agreement, have given notice under s.183 of
the Act that they wish to be covered by the Agreement. In accordance with s.201(2) I note that
the Agreement covers the organisations.
[2021] FWCA 6379
DECISION
Fair Work Act 2009
s.185—Enterprise agreement
Australian Centre for the Moving Image (ACMI) T/A ACMI
(AG2021/7829)
AUSTRALIAN CENTRE FOR THE MOVING IMAGE (ACMI)
ENTERPRISE AGREEMENT 2020 - 2024
FairWork
Commission
AUSTRALIA FairWork Commission
[2021] FWCA 6379
2
[4] The Agreement is approved and in accordance with s.54, will operate from 28 October
2021. The nominal expiry date of the Agreement is 20 March 2024.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE513609 PR735127
OF THE COMMISSION THE SEAT
OFFICIAL
Australian Centre for the Moving Image (ACMI)
Enterprise Agreement 2020 - 2024
The image part with relationship ID rId12 was not found in the file.
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OUR ORGANISATION ........................................................................................................................ 5
1 GENERAL MATTERS ............................................................................................................... 9
1.1 Title .................................................................................................................. 9
1.2 Stakeholders .................................................................................................... 9
1.3 Coverage of the Agreement ............................................................................. 9
1.4 Duration and Operation of the Agreement ........................................................ 9
1.5 Benefits arising from this Agreement ................................................................ 9
1.6 Application of the Agreement ........................................................................... 9
1.7 No further claims .............................................................................................. 9
1.8 Savings provisions and relationship with other awards and agreements ........ 10
1.9 Consultative Process ..................................................................................... 10
1.10 Implementation of Change ............................................................................. 10
1.11 Workload ........................................................................................................ 12
1.12 Volunteers ...................................................................................................... 13
1.13 Anti-Discrimination and Workplace Diversity .................................................. 13
1.14 Gender Equality ............................................................................................. 14
1.15 Agreement Compliance and Union Related Matters ....................................... 17
2 DEFINITIONS .......................................................................................................................... 19
3 EMPLOYMENT AT ACMI........................................................................................................ 21
3.1 Types of Employment .................................................................................... 21
3.2 Rosters .......................................................................................................... 24
3.3 Probation ....................................................................................................... 24
3.4 Performance Development Framework and Progression within a Value Range .
25
3.5 Multi-Skilling and Job Rotation ....................................................................... 26
3.6 Hours of work ................................................................................................. 26
3.7 Rest/Meal breaks ........................................................................................... 27
3.8 Childcare expenses associated with additional hours..................................... 28
3.9 Redeployment ................................................................................................ 28
3.10 Termination of Employment ........................................................................... 29
3.11 Rights Not Limited .......................................................................................... 29
3.12 Abandonment of employment ........................................................................ 30
3.13 Costs of employment related legal proceedings ............................................. 30
3.14 Dispute Settlement Procedures ...................................................................... 30
3.15 Management of Unsatisfactory Work Performance ........................................ 33
3.16 Management of Misconduct ........................................................................... 37
3.17 Flexible Work ................................................................................................. 42
4 REMUNERATION AND CLASSIFICATION ........................................................................... 47
4.1 Pay and Classification Structure .................................................................... 47
4.2 Overtime payments ........................................................................................ 47
4.3 Overtime meal payment ................................................................................. 49
4.4 Meeting/Training payment .............................................................................. 50
4.5 Penalty payments .......................................................................................... 50
4.6 On call arrangements ..................................................................................... 51
4.7 Superannuation .............................................................................................. 52
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4.8 Higher duties allowance ................................................................................. 53
4.9 Travelling and Personal Expenses ................................................................. 54
4.10 First Aid Allowance ........................................................................................ 54
4.11 Uniform and Shoe allowance ......................................................................... 54
4.12 Payment of salaries ....................................................................................... 55
4.13 Supported Wage System ............................................................................... 56
5 LEAVE ..................................................................................................................................... 59
5.1 Annual Leave ................................................................................................. 59
5.2 Public Holidays .............................................................................................. 63
5.3 Personal/ Carer’s Leave ................................................................................. 64
5.4 Compassionate Leave ................................................................................... 69
5.5 Long Service Leave ....................................................................................... 70
5.6 Accident make-up pay .................................................................................... 74
5.7 Cultural and ceremonial leave ........................................................................ 74
5.8 Leave To Engage In Emergency Management Activities ............................... 75
5.9 Leave for blood donations .............................................................................. 76
5.10 Jury service .................................................................................................... 76
5.11 Defence force leave ....................................................................................... 76
5.12 Leave to engage in Voluntary Community activities ....................................... 76
5.13 Training and Development ............................................................................. 77
5.14 Study leave .................................................................................................... 77
5.15 Other Leave ................................................................................................... 78
5.16 Leave of absence ........................................................................................... 78
5.17 Parental Leave ............................................................................................... 79
5.18 Surrogacy Leave ............................................................................................ 90
5.19 Foster and Kinship Care Leave ...................................................................... 91
5.20 Leave to attend Rehabilitation Programs for Alcohol, Drug or Problem
Gambling ....................................................................................................... 92
5.21 Family Violence Leave ................................................................................... 93
5.22 Gender Transition Leave ................................................................................ 95
SCHEDULE 1 – Salary Schedules .................................................................................................. 97
SCHEDULE 2 – GRADE STANDARD DESCRIPTORS ................................................................ 109
SCHEDULE 3 – Classification and Value Range Standard Descriptors .................................. 114
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OUR ORGANISATION
ACMI is Australia's national museum of film, TV, video games, digital culture and art.
Unique in the museum landscape in Australia, we celebrate the past, present and
future of the moving image and its profound impact as it transports, challenges and
entertains people of all ages and backgrounds, right across the globe. In a world
transformed by the COVID-19 pandemic, ACMI’s purpose becomes more relevant than
ever as screens take the pre-eminent role in connecting our society and communities.
Established by the State Government in 2001 in the heart of Melbourne in Federation
Square, ACMI plays a vital part in the city’s role as a global cultural destination driven
by creativity and innovation. ACMI is the most successful museum of its kind in the
world attracting millions of visitors to our museum and our touring exhibitions, nationally
and internationally.
Our museum has reopened after a visionary $40m transformation which was
delivered through the investment and support of the Victorian Government, along with
corporate and philanthropic partners. Along with a range of external experts, the ACMI
team has conceived, developed and delivered this Renewal, and simultaneously
supported a parallel change process within the organisation itself, enabling the
museum to be positioned at the forefront of 21st Century museum practice.
Our Renewal enables ACMI to continue to expand the impact of our museum in our
changing world, enabling us to deliver rich museum experiences both onsite and
through our digital channels. Our on-site programs in our galleries and labs, in cinemas
and online, encourage discovery, curiosity and literacy. They tell a global story while
supporting our commitment to championing First Nations and diverse artists and
practitioners everywhere. Our industry and research programs push form and further
practice. ACMI is an instigator, collaborator, nurturer, educator and innovator - working
with practitioners, institutions, businesses and networks across the creative industries
and education sectors.
By 2025, ACMI will reflect our diverse society, connecting watchers and learners,
players and makers, through our groundbreaking onsite and digital programs and
experiences.
ACMI’s Key Objectives & Strategies
CONTENT & PROGRAMS - Immerse more and more people in a critical
understanding and enjoyment of the world of the screen.
Design and deliver multi-form content that is diverse, dynamic and ground-
breaking
Collaborate with and commission diverse practitioners across physical and
digital platforms
Expand collection digitisation, preservation and access
Expand education and extension programs for multi-channel delivery nationally
and internationally
EXPERIENCE & ENGAGEMENT - Transform ACMI into a multi-channel museum
through digitalisation.
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Provide welcoming and accessible experiences, online and onsite, with national
and international reach
Be an internationally recognised multichannel museum brand with a focus on
representative diversity
Pilot new digital products programming, and revenue models
PRACTICES & PARTNERSHIPS - Extend the role and impact of the museum through
rich collaboration and leadership and investment in our staff.
Expand relationships across a global ecology of inter-dependent practitioners,
partners and organisations
Deepen services and support for local creative practitioners and enterprises
Build computational and digital literacy amongst staff to underpin organisational
digitalisation
Nurture our stakeholder relationships to align strategies and maximise mutual
benefit.
Our Values
We believe ….
First Nations culture is at the centre of Australian culture
commitment to diversity and inclusivity is ongoing work and must be
continuously championed
our museum must strive to be accessible, reflective and welcoming of all our
communities
innovation and learning requires experimentation and risk taking
collaboration enables real accomplishment
creative expression takes many forms
in working together with integrity and respect
ACMI’s commitment to implementing the Leading the Way Framework and
Mental Health and Wellbeing Charter
ACMI is committed to implementing the Victorian Government’s Leading the Way
strategy and Mental Health and Wellbeing Charter which have been developed to
support mentally healthy and safe workplaces. Progress will be reported to the ACMI
Executive team, the ACMI Board, OH&S Committee and Consultative Committee
quarterly and outcomes will be reported in the Annual Report.
ACMI’s commitment to environmental sustainability
ACMI commits to decarbonise operations over the life of the Agreement in line with
ACMI’s Corporate Strategy 2020-2025.
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ACMI as a Best Practice Employer
This Agreement reflects the commitment of ACMI and its Employees to work co-
operatively and flexibly to ensure that ACMI’s strategic aims can be achieved.
Consistent with its stated objectives, ACMI seeks to position itself as a best practice
organisation and is committed to continuous improvement by:
Achieving excellence and encouraging the development of skills for improved
leadership and people management.
Implementation of programs and initiatives that support the ongoing
sustainability of ACMI.
Providing training and improving skill levels of all its Employees.
Maintaining a strong internal and external customer focus.
Fostering teamwork, integrated business systems and greater Employee
responsibility and accountability.
Strengthening its strategic planning processes and developing long term
objectives.
Consultation and information sharing between ACMI, its Employees and
relevant unions.
Encouraging a culture of commitment to deliver ACMI’s goals in a fiscally
responsible manner.
Improving workplace culture by reinforcing values, behaviours and standards
which demonstrate that our Employees are valued, their contributions are
acknowledged, and where good performance is recognised, and poor
performance is managed, and by
Continuing to champion diversity and inclusion every day including taking action
to diversify our workforce.
The ACMI Consultative Committee aims to:
Build and maintain harmonious and productive relationships between ACMI, its
Employees and the relevant unions through consultation and communication.
Work collaboratively to improve the performance and effectiveness of ACMI.
This Agreement reflects the commitment of ACMI to ensure, as far as is reasonably
practicable, that Employees work in an environment that is safe and without risks to
health. ACMI will consult with Employees and their Health and Safety Representatives
to develop safe systems of work. ACMI will comply, so far as is reasonably practicable,
with the WorkSafe Compliance Codes – Workplace amenities and work environment
and First Aid in the Workplace. ACMI is genuinely committed to the rehabilitation of
injured workers and will take all reasonable steps to achieve this outcome where
required. Compliance code
ACMI is committed to the application of the principles of equity, antiracism, justice and
fairness and will develop employment strategies, which apply these principles.
ACMI will continue to align with the VPS Pay and Career Structure, agreed between
the Victorian Government and the CPSU, for all its non-executive Employees for the
life of this Agreement.
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This Agreement will be read and interpreted in conjunction with the National
Employment Standards (NES). Where there is an inconsistency between this
agreement and the NES, and the NES provides a greater benefit, the NES provision
will apply to the extent of the inconsistency.
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1 GENERAL MATTERS
1.1 Title
Australian Centre for the Moving Image (ACMI) Enterprise Agreement 2020 - 2024.
1.2 Stakeholders
The key stakeholders in this Agreement are the Government, ACMI and its Employees.
1.3 Coverage of the Agreement
This Agreement covers ACMI and its Employees who are employed within the
classification structure in this Agreement.
This Agreement also covers the Community & Public Sector Union (CPSU) and the
Media Entertainment & Arts Alliance (MEAA), provided that the Fair Work Commission,
in its decision to approve the Agreement, notes that the Agreement covers these
unions.
1.4 Duration and Operation of the Agreement
This Agreement will commence operation 7 days from the date on which the Fair Work
Commission approves the agreement. The Agreement will have a nominal expiry date
of 20 March 2024.
The parties agree to review the Agreement 6 months prior to the expiry date of this
Agreement.
1.5 Benefits arising from this Agreement
Employees employed by ACMI at or after the date of commencement of this
Agreement will receive the following salary increases:
1.50% from 20 March 2020
1.25% from 1 December 2020
1.50% from 1 September 2021
1.25% from 1 June 2022
1.50% from 1 March 2023
1.00% from 1 December 2023
continuing a full alignment with the VPS Pay and Classification Structure during the life
of the Agreement.
Salary schedules are attached as Schedule 1of this Agreement.
The parties to this Agreement agree to work towards increasing the efficiency and
effectiveness of ACMI’s operations and delivery of the Strategic Aims as set out in
ACMI’s Corporate Plan
1.6 Application of the Agreement
Except where otherwise specified within the Agreement, the terms and conditions of
this Agreement will be binding on ACMI and on Employees of ACMI employed in
Grades 1 - 6 and the Senior Technical Specialist Grade.
1.7 No further claims
This Agreement is intended to set out, or set out processes for determining, all the terms
and conditions of employment of the Employees which will be subject to the Agreement
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made under the FW Act for the period from the date of commencement of this Agreement
until 20 March 2024.
The Employees, ACMI and the Unions covered by this Agreement agree that they will
not for the period from the date of commencement of this Agreement until 20
September 2023 make claims to make an enterprise agreement under the FW Act,
whether in relation to matters dealt with in this Agreement or otherwise.
1.8 Savings provisions and relationship with other awards and agreements
No Employee will, on balance, have their overall pay and conditions reduced as a
result of the making of this Agreement.
1.9 Consultative Process
Whilst recognising that the Board of ACMI has the ultimate responsibility to make
decisions relating to the direction and operations of ACMI, all parties to this Agreement
accept that the best outcomes will be delivered for ACMI, its Employees, the relevant
union(s) covered by this Agreement and chosen as an Employee representative, if a
culture of consultation is encouraged.
To facilitate this, ACMI will ensure a formal consultative process remains in place, to
provide a regular forum for management, Employees and the relevant union(s) covered
by this Agreement and chosen as an Employee representative, to meet and discuss
issues of concern for Employees and consult on employment issues.
The Consultative Committee will meet as required, but no less than 4 times a year.
1.10 Implementation of Change
1.10.1 Implementation of Major Change
Where ACMI has developed a proposal for major change likely to have a significant
effect on Employees, such as a restructure of the workplace, the introduction of new
technology or changes to existing work practices of Employees, ACMI will advise the
affected Employees, the relevant Unions covered by this Agreement and any other
representative nominated by a relevant Employee of the proposed change as soon as
practicable after the proposal has been made.
ACMI will advise the affected Employees, the relevant Unions covered by this
Agreement and any other representative nominated by a relevant Employee of the
likely effects on the Employees’ working conditions and responsibilities. ACMI will
advise of the rationale and intended benefits of any change, including improvements to
productivity, if applicable.
In this clause, a major change is defined as likely to have a significant effect on
Employees if it results in:
Termination of the employment of Employees; or
Major change to the composition, operation or size of ACMI’s workforce or to
the skills required of Employees; or
Elimination or diminution of job opportunities (including opportunities for
promotion or tenure); or
Alteration of hours of work; or
The need to retrain Employees; or
The need to relocate Employees to another workplace; or
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Restructuring of jobs.
ACMI will regularly consult with affected Employees, the relevant Unions covered by
this Agreement, and any other representative nominated by a relevant Employee and
give prompt consideration to matters raised by the Employees, the Employees’ relevant
Unions covered by this Agreement and any other representative nominated by a
relevant Employee and where appropriate provide training for the Employees to assist
them to integrate successfully into the new structure.
In accordance with this clause, the affected Employees, the relevant Unions covered
by this Agreement and any other representative nominated by a relevant Employee
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, ACMI must give considered reasons to the affected
Employees, the relevant Unions covered by this Agreement, and any other
representative nominated by a relevant Employee if ACMI does not accept its
proposals.
Indicative reasonable timeframes are as follows:
Step in process
Number of working days in which
to perform each step
ACMI advises Employees, relevant
Union covered by this Agreement and
any other representative nominated by a
relevant Employee
Day 1
Response from Employees or the
relevant Union covered by this
Agreement and any other representative
nominated by a relevant Employee
5 days following receipt of written
advice from ACMI
Meeting convened (if requested) 5 days following request for meeting
Further ACMI response (if relevant) 5 days following meeting
Alternative proposal from Employees or
relevant Union covered by this
Agreement and any other representative
nominated by a relevant Employee (if
applicable)
10 days following receipt of ACMI
response
ACMI response to any alternative
proposal
10 days following receipt of
alternative proposal
1.10.2 Change to regular roster or ordinary hours of work
This clause applies if ACMI proposes to introduce a change to the days of a roster or
ordinary hours of work of employees.
ACMI must notify the affected Employees of the proposed change.
The affected Employees may appoint a person or union to represent their interests for
the purposes of the procedures in this term.
If:
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an affected Employee appoints, or affected Employees appoint, a person or
union to represent their interests for the purposes of consultation; and
the Employee or Employees advise ACMI of the identity of the representative;
ACMI must recognise the representative.
As soon as practicable after proposing to introduce the change, ACMI must:
discuss with the affected Employees the introduction of the change; and
for the purposes of the discussion—provide to the affected Employees:
o all relevant information about the change, including the nature of the
change; and
o information about what ACMI reasonably believes will be the effects of
the change on the Employees; and
o information about any other matters that ACMI reasonably believes are
likely to affect the Employees; and
invite the affected Employees to give their views about the impact of the change
(including any impact in relation to their family or caring responsibilities).
However, ACMI is not required to disclose confidential or commercially sensitive
information to the affected Employees.
ACMI must give prompt and genuine consideration to matters raised about the change
by the affected Employees.
Indicative reasonable timeframes are as follows:
Steps in Process Number of working days in which
to perform each step
ACMI advises Employees of
change to regular roster or ordinary
hours in writing
Day 1
Response from Employees and/or
relevant representative
Up to 5 days following receipt of
written advice from ACMI
ACMI response to alternative
proposal
Up to 5 days following receipt of
alternative proposal
The requirement to consult under this clause does not apply to employees with
irregular, sporadic or unpredictable working hours.
1.11 Workload
ACMI acknowledges the benefits to both the organisation and individual
Employees gained through Employees having a balance between both their
professional and family life.
ACMI further recognises that the allocation of work must include consideration
of the Employee’s hours of work, health, safety and welfare. Work will be
allocated so that there is not an allocation that routinely requires work to be
undertaken beyond an Employee’s ordinary hours of work.
An Employee or group of Employees may request a review of their workload if
they believe the workload is unreasonable. The request must be made in writing
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and set out details of the workload of the Employee or group of Employees and
the reasons why the workload is considered unreasonable.
On receipt of a request by an Employee or group of Employees under this
clause, ACMI must give the Employee a written response within 21 days,
stating whether ACMI agrees to or refuses the request.
If ACMI refuses the request for a review, the written response under this clause
must include details of the reasons for the refusal.
If ACMI agrees to the request, a review of the workload of the Employee or
group of Employee’s will be conducted.
Following the completion of the review, the Employee or group of Employees
and ACMI will agree on any necessary adjustments that are required to be
implemented to ensure the workload for the Employee or group of Employees is
reasonable.
1.12 Volunteers
Volunteers will enhance the programs and services offered by ACMI. The Volunteer
team will form an integral part of ACMI’s activities. Volunteers will not be used to
undertake core activities or undermine on-going, fixed term or casual employment or
employment conditions of Employees.
1.13 Anti-Discrimination and Workplace Diversity
The Parties covered by this Agreement respect and value the diversity of the workforce
by helping to prevent and eliminate discrimination on the basis of race, colour, sex,
sexual preference, gender, age, physical or mental disability, marital status, family or
carer’s responsibilities, pregnancy, religion, political opinion, national extraction, social
origin, or any other attributes protected by anti-discrimination legislation.
ACMI recognises the importance of workplace diversity and inclusion. ACMI will strive
to create a diverse workforce and an environment that recognises, values, utilises and
reflects the diverse society in which we live. In this context, diversity includes cultural
diversity, Aboriginal and Torres Strait Islander (First Peoples) identity, sexuality, age,
gender identity, ability, neurodiversity and carer responsibilities.
Accordingly, in fulfilling their obligations under the procedures in clause 3.14 (Dispute
Settlement 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.
Nothing in this clause is to be taken to affect:
any different treatment (or treatment having different effects) which is
specifically exempted under the Commonwealth anti-discrimination legislation;
or
an Employee, Employer or Union pursuing matters of discrimination in any
State or Federal jurisdiction, including by application to the Australian Human
Rights Commission; or
the exceptions in section 351(2) and 772(2) of the FW Act or the operation of
sections 772(3) and 772(4) of the FW Act.
ACMI will act in accordance with its obligations under:
the Equal Opportunity Act 2010 (Vic), and
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the Victorian Charter of Human Rights and Responsibilities and
the Gender Equality Act 2020 (Vic).
These obligations apply to ACMI but do not form part of the Agreement.
1.14 Gender Equality
1.14.1 Gender Pay Equity Principles
The provisions of this Agreement are to be interpreted consistently with the following
gender pay equity principles:
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.
Freedom from bias and discrimination: Employment and pay practices are
free from the effects of unconscious bias and assumptions based on gender.
Transparency and accessibility: Employment and pay practices, pay rates
and systems are transparent. Information is readily accessible and
understandable.
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.
Sustainability: Interventions and solutions are collectively developed and
agreed, sustainable and enduring.
Participation and engagement: Workers, unions and employers work
collaboratively to achieve mutually agreed outcomes.
Meaning of ‘pay’
In this clause, ‘pay’ refers to remuneration including but not limited to salary,
bonuses, overtime payments, allowances and superannuation.
Commitment to collaborative approach to achieving gender pay equity
The Employer will work collaboratively with Employees and the Union to
identify, support and implement strategies designed to eradicate the gender pay
gap, gender inequality and discrimination.
Claims relating to systemic gender equality issues
(a) A systemic gender equality issue means an issue of a systemic nature within
the Employer which adversely affects a class or group of employees of the
Employer, relating to:
(i) The gender composition of any or all workforce levels of the Employer;
or
(ii) The gender composition of governing bodies; or
(iii) Equal remuneration for work of equal or comparable value across any or
all workforce levels of the Employer irrespective of gender; or
(iv) Sexual harassment in the workplace; or
(v) Recruitment and promotion practices in the workplace; or
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(vi) Availability and utilisation of terms, conditions and practices in the
workplace relating to family violence leave, flexible working
arrangements and working arrangements supporting Employees with
family or caring responsibilities; or
(vii) Gendered workplace segregation.
(b) The 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.
(h) In dealing with a Claim, the Commissioner:
(i) Must consider the Gender Pay Equity Principles articulated in this
clause; 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 Public Sector Gender Equality Commissioner
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(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 3.14.
(j) This clause does not apply to any dispute regarding a matter or matters arising
in the course of bargaining in relation to a proposed enterprise agreement.
(k) A Claimant or the Employer may choose to be represented at any stage by a
representative, including a Union representative or Employer’s organisation.
(l) The Claimant and Employer and their representatives must genuinely attempt to
resolve the dispute through the processes set out in this clause and must
cooperate to ensure that these processes are carried out expeditiously.
(m) Whilst a Claim is being dealt with in accordance with this clause, work must
continue in accordance with usual practice, provided that this does not apply to
an Employee who has a reasonable concern about an imminent risk to their
health or safety, has advised the Employer of this concern and has not
unreasonably failed to comply with a direction by the Employer to perform other
available work that is safe and appropriate for the Employee to perform. No
party will be prejudiced as to the final settlement of the Claim by the
continuance of work in accordance with this clause.
1.14.2 Gender Equality Action Plans
ACMI will consult with the CPSU and MEAA in the preparation of Gender Equality Action
Plans under the Gender Equality Act 2020 (Vic).
1.14.3 Agreed statement on gendered violence at work
Gendered violence is physical, sexual, psychological or economic harm directed at a
person because of their gender, gender identity, sexual orientation or because they do
not adhere to dominant gender stereotypes or socially prescribed gender roles.
Gendered violence includes:
violence directed at women because they are women;
violence directed at a person because they identify as lesbian, gay, bisexual,
trans and gender diverse, intersex, queer and questioning (LGBTIQ)
violence directed at a person because they don’t conform to socially prescribed
gender roles or dominant definitions of masculinity or femininity.
Gender inequalities, sexism, homophobia and transphobia at work drive gendered
violence in the workplace. Gendered violence can be perpetrated by those who are
external to the workplace (such as clients and patients) and those that are internal to
the workplace (such as work peers and managers).
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ACMI, the union and employees are committed to working together to reduce gendered
violence, so far as is practicable, in the workplace. ACMI will address instances of
alleged gendered violence in accordance with the relevant ACMI policy.
1.15 Agreement Compliance and Union Related Matters
1.15.1 Protection
An Employee will 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.
ACMI will 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.
1.15.2 Facilities
An Accredited Representative of a Union shall be released by ACMI 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.
Members of a Union shall be permitted by ACMI 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.
Employees will be allowed reasonable access to electronic communication devices to
facilitate communication between Employees and/or the Union(s), provided that such
communication is not offensive or improper.
1.15.3 Employee Representation on CPSU SPSF Victorian Branch Council and
MEAA Branch Council
Employees who are CPSU SPSF Victorian Branch Council members or MEAA Branch
Council members nominated by the Branch Secretary of the CPSU or the MEAA, 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.
Additional paid leave will be granted to Employees who are CPSU SPSF Victorian
Branch Council members or MEAA Branch Council members and nominated by the
Branch Secretary to attend:
Federal Executive and Federal Council meetings of the CPSU and
The Australian Council of Trade Unions’ triennial conference.
On application, ACMI will grant leave without pay to an Employee for the purposes of
secondment to work for a Union.
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1.15.4 Right of Entry
For the purposes of ensuring compliance with this Agreement and the FW Act, an
official of a Union who has been issued with an entry permit by the FWC pursuant to
section 512 of the FW Act will be permitted access to the workplace provided they
comply with the provisions set out in the FW Act.
A permit holder may only enter the workplace for the purposes permitted by and in
compliance with the provisions of Part 3 4 of the FW Act.
Subject to the above 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.
1.15.5 Industrial Relations/Occupational Health and Safety Training.
(a) 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.
(b) The Employee may be granted the leave specified in clause 1.15.5(a) where
ACMI 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.
(c) 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.
(d) 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 ACMI's operations.
ACMI shall meet any reasonable costs incurred. Leave under this clause must
only be granted to an Employee on one occasion and is additional to any other
leave granted under this clause.
(e) 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.
1.15.6 Paid staff/union meetings
In the spirit of a cooperative approach to employer/Employee relations, ACMI will allow
in certain circumstances, up to 2 two-hour paid union meetings each year, to consider
key issues, which are likely to have an effect on staff. In such cases, if the bargaining
representative wishes to call such a meeting, a request will be put forward to, and the
issues discussed with the Head of Human Resources, in a reasonable time frame
beforehand. At all times, the operational needs of ACMI, as far as its continuing ability
to provide a service to the public will be a prime consideration.
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2 DEFINITIONS
ACMI/Employer Australian Centre for the Moving Image or its
successor(s)
Agreement Agreement means the Australian Centre for the Moving
Image (ACMI) Enterprise Agreement 2020 - 2024
Australian Centre for the
Moving Image policy
Internal direction which will be developed with staff and
the relevant unions
Casual A casual Employee is where the nature of the work is
irregular or intermittent and be paid on an hourly basis
Child someone who is a child of the Employee within the
meaning of the Family Law Act 1975 (Cth), and
an adopted child or step-child of the person.
It doesn’t matter whether the child is an adult.
Employee or Employees A person or persons employed by the Australian Centre
for the Moving Image or its successor(s) on an on-going,
fixed term or casual basis who are covered by this
agreement.
Flexitime A total number of hours is contracted to be worked and
the Employee, subject to operational requirements,
chooses when they will start and finish work provided
that ‘core time’ must be worked when the Employee is
on duty.
Full time Employed for 76 hours each fortnight
FW Act Fair Work Act 2009 (Cth), as may be amended from time
to time and any successor to that Act
FWC Fair Work Commission
Immediate Family Immediate Family member includes the Employee’s
spouse (including the Employee’s former spouse, de
facto spouse and former de facto spouse) household
member or a person with a significant family or personal
connection to the Employee. 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, although not legally married to the
Employee
and
A child or adult child (including an adopted child, a step
child or an ex-nuptial child), parent, grandparent,
grandchild or sibling of the Employee or the Employee’s
spouse or de facto spouse
Manager The immediate manager or supervisor
NES National Employment Standards
•
•
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Overtime All work performed by the Employee at the request of
ACMI outside or in addition to the contracted hours of
work of the Employee
Party or Parties ACMI, Employees covered by this agreement or/and the
Union(s)
Part time Employed for a maximum of 75 hours each fortnight
Parental leave Parental leave is an employee’s entitlement to time off
work to care for a child and which is either paid or
unpaid primary care giver or secondary care giver leave
Registered Practitioner First Peoples health practitioner, Chinese medicine
practitioner, Chiropractor, Dental practitioner, Medical
practitioner, Nurse practitioner, Midwife, Optometrist,
Osteopath, Pharmacist, Physiotherapist, Podiatrist or
Psychologist
Rostered Employee A rostered Employee who is engaged on either:
a full time or part time basis; and
may be employed as an on-going Employee or a
fixed term Employee
and will be required to work specified start and finish
times on each day that they are rostered to work and
these times may vary within a roster
Service for leave accrual
purposes
All paid leave
Any period when accident make-up pay is paid
Sick leave with a certificate but without pay not
exceeding 3 months in total in any one calendar year
Spouse 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, although not legally married to the
Employee
Standard day for approved
leave purposes
For each day that an Employee is absent on approved
leave, the hours of work for the purposes of such
entitlements shall be taken as 7.6 hours. Where an
alternative arrangement of days and hours is worked
leave shall be debited on the basis of the actual hours to
be worked on the day of the leave.
TOIL Time off in lieu of overtime worked
Union(s) Community and Public Sector Union (CPSU); and
Media, Entertainment and Arts Alliance (MEAA).
VPS Career structure The Victorian Public Service pay and classification
structure, incorporated in the VPS Agreement 2020
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3 EMPLOYMENT AT ACMI
ACMI acknowledges the positive impact that secure employment has on Employees
and the provision of quality services to the Victorian community.
ACMI will give preference to ongoing forms of employment over casual and fixed term
arrangements wherever possible.
Any dispute arising from the use of casuals or fixed term Employees in a manner which
is inconsistent with the provisions of this Agreement may be resolved in accordance
with clause 3.14 (Dispute Settlement Procedures).
3.1 Types of Employment
3.1.1 On-going
ACMI provides for the use of on-going employment, in that there is no termination date
expressed or implied, where an on-going need exists. On-going Employees may be
subject to ordinary hours of work or may be rostered.
3.1.2 Fixed Term
The use of fixed term employment will not be for the purposes of undermining the job
security or conditions of on-going Employees.
The use of fixed term employment is limited to:
Replacing an Employee proceeding on approved leave
Meeting fluctuating client and staffing needs and unexpected increased
workloads
Undertaking a specific but finite task
Filling a vacancy resulting from an Employee undertaking a temporary
assignment or secondment
Temporarily filling a vacancy where, following an appropriate selection process,
a suitable on-going Employee is not available or
Filling a vacant position whilst a review of the area is undertaken
When a position has been filled on a fixed term basis for a period of 3 years, a review
will be undertaken to determine if the position needs to be filled on an on-going basis.
In other than exceptional or unforeseen circumstances, appointment on the basis of a
fixed term contract (on either a full or part time basis) is for a maximum period of 3
years except when the appointment is to cover an Employee taking Parental Leave in
accordance with clause 5.17 of this Agreement.
ACMI will provide at least four weeks’ notice for contract extensions wherever
practicable.
3.1.3 Casual
The use of casual Employees will not be for the purpose of undermining job security of
on-going Employees, avoiding obligations to on-going Employees or for the purpose of
turning over a series of casual workers to fill an on-going employment vacancy.
A casual Employee will be engaged where the nature of the work is irregular or
intermittent and be paid on an hourly basis.
A casual Employee will be employed for a minimum of 3 and a maximum of 10 hours
(excluding meal breaks) in any one day.
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3.1.4 Right to casual conversion
(a) ACMI shall offer a regular casual employee to convert their employment to full-time
or part-time employment in accordance with the NES. A person engaged by ACMI
as a regular casual employee may also request that their employment be converted
to full-time or part-time employment.
(b) A regular casual employee is a casual employee who has in the preceding period
of 12 months worked a pattern of hours on an ongoing basis which, without
significant adjustment, the employee could continue to perform as a full-time
employee or part-time employee under the provisions of this agreement.
(c) Any request by a regular casual employee under clause 3.1.4 (a) must be in writing
and provided to the employer.
(d) Where a regular casual employee seeks to convert to full-time or part-time
employment, the employer may agree to or refuse the request, but the request may
only be refused on reasonable grounds and after there has been consultation with
the employee.
(e) Reasonable grounds for refusal include that:
(i) it would require a significant adjustment to the casual employee’s hours of
work in order for the employee to be engaged as a full-time or part-time
employee in accordance with the provisions of this award that is, the casual
employee is not truly a regular casual employee as defined in clause 3.1.4
(b);
(ii) it is known or reasonably foreseeable that the regular casual employee’s
position will cease to exist within the next 12 months;
(iii) it is known or reasonably foreseeable that the hours of work which the
regular casual employee is required to perform will be significantly reduced
in the next 12 months; or
(iv) it is known or reasonably foreseeable that there will be a significant change
in the days and/or times at which the employee’s hours of work are required
to be performed in the next 12 months which cannot be accommodated
within the days and/or hours during which the employee is available to work.
(f) For any ground of refusal to be reasonable, it must be based on facts which are
known or reasonably foreseeable.
(g) Where the employer refuses a regular casual employee’s request to convert, the
employer must provide the casual employee with the employer’s reasons for refusal in
writing within 21 days of the request being made.
(h) If the employee does not accept the employer’s refusal, this will constitute a dispute
that will be dealt with under the dispute resolution procedure in clause 3.14 Dispute
resolution. Under that procedure, the employee or the employer may refer the matter to
the Fair Work Commission if the dispute cannot be resolved at the workplace level.
(i) Where it is agreed that a casual employee will have their employment converted to
full-time or part-time employment as provided for in clause 3.1.4, the employer and
employee must discuss and record in writing:
(i) the form of employment to which the employee will convert, that is, full-time
or part-time employment; and
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(ii) if it is agreed that the employee will become a part-time employee, the
matters referred to in clause 3.1.6.
(j) The conversion will take effect from the start of the next pay cycle following such
agreement being reached unless otherwise agreed.
(k) Once a casual employee has converted to full-time or part-time employment, the
employee may only revert to casual employment with the written agreement of the
employer.
(l) A casual employee must not be engaged and re-engaged (which includes a refusal
to re-engage), or have their hours reduced or varied, in order to avoid any right or
obligation under clause 3.1.4
(m) Nothing in clause 3.1.4 obliges a regular casual employee to convert to full-time or
part-time employment, nor permits an employer to require a regular casual employee to
so convert.
(n) Nothing in clause 3.1.4 requires an employer to increase the hours of a regular
casual employee seeking conversion to full-time or part-time employment.
(o) An employer must provide a casual employee, whether a regular casual employee
or not, with a copy of the provisions of clause 3.1.4 within the first 12 months of the
employee’s first engagement to perform work.
(p) A casual employee’s right to request to convert is not affected if the employer fails
to comply with the notice requirements in clause 3.1.4(o).
3.1.5 Casual Employees – Loading
Employees employed on a casual basis will receive a loading of 25 per cent in addition
to the applicable hourly rate of pay as compensation in lieu of any entitlement to the
following benefits:
payment for Public Holidays not worked; and
annual leave and annual leave loading; and
paid parental leave; and
paid compassionate leave; and
paid personal/carer’s leave; and
jury service; and
defence reserve leave; and
accident make-up pay; and
leave to attend rehabilitation programs
3.1.6 Part time Employees
Provisions relating to salary, leave and all other entitlements contained within this
Agreement will apply to part-time employees on a pro rata basis.
3.1.6.1 Minimum engagement
Payment for part-time employment must be for not less than 3 consecutive hours in
any day worked except:
(a) where the employee works from home by agreement with the employer; or
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(b) in exceptional circumstances.
3.1.6.2 Part-time employment must be worked only by agreement between the
employee and the employer, where that agreement includes:
(a) an agreed roster specifying the days in each fortnight on which the
employee will work, the hours of those days upon which the employee will work,
and the number of hours the employee will work on each day worked; and
(b) agreed processes for the variation of hours of work.
The agreed rostered hours will be considered the employee’s ordinary hours.
Part time Employees are entitled to public holidays, which fall on their scheduled
workdays.
3.2 Rosters
A Rostered Employee means an Employee who is engaged to work according to a
roster of a set number of hours in a 14 day or 28 day cycle, these hours may be
rostered on a Saturday, or Sunday or Public Holiday or outside the span of hours
established in accordance with clause 3.6.1 (Ordinary Hours of Work).
ACMI will determine details of rosters and will provide rosters no less than 7 days in
advance. Employees will not work more than 5 consecutive days out of any 7 unless
otherwise agreed.
Changes to the roster will take into consideration both the operational requirements of
ACMI and the personal requirements of the Employee and will only occur after
consultation with the Employee(s) concerned.
Rostered Employees are entitled to public holidays, which fall on their regularly
scheduled workdays.
3.2.1 Full Time Rostered Employees
Full time rostered Employees are required to participate in a 7-day roster and will be
required to work an average of 76 hours in any 14 day cycle or 152 hours in any 28 day
cycle.
3.2.2 Part Time Rostered Employees
Part time rostered Employees are required to participate in a 7-day roster and will be
required to work an average of contracted hours which are less than the Ordinary
Hours specified in clause 3.6.1 (Ordinary Hours of Work) in any 14 day or 28 day cycle.
3.3 Probation
On appointment to ACMI a new Employee may be appointed on probation for a period
of up to 3 months.
The performance of the Employee will be monitored and reviewed during the
probationary period. If there are any concerns over performance the Employee will be
counselled, advised in writing of the areas requiring improvement and given opportunity
to improve. A representative, including a union representative, may accompany the
Employee at a counselling meeting.
If, prior to the conclusion of the probationary period the performance of the Employee is
determined to be unsatisfactory, ACMI may terminate the probationary Employee’s
employment by giving one week’s notice or one week’s pay in lieu of notice. Any notice
period must be given no later than one week prior to the end of the Probationary
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Period. If mitigating circumstances exist, the probationary period may be extended for a
further period not exceeding 3 months.
If the performance of the Employee is satisfactory the appointment will be confirmed in
writing.
3.4 Performance Development Framework and Progression within a Value
Range
For the avoidance of doubt this clause applies to all Employees covered by this
agreement with the exception of casual Employees.
3.4.1 Progression Steps and Amounts
Within each Value Range of Grades 1 to 4 there are progression steps
(expressed salary points) as detailed in the table at Schedule 1.
Within Grades 5 to the Senior Technical Specialist Grade there are standard
progression amounts as detailed in the table at Schedule 1. The progression
amounts are expressed in terms of dollars and are common to all Employees
within a given Grade/Value Range.
Progression steps or amounts within Value Ranges are not points of defined work
value. Progression within the salary structure will not be automatic, consistent
with wage fixing principles.
Progression between progression steps or amounts will occur when an Employee
is assessed at their annual performance review as meeting the “progression
criteria” outlined in the Employee’s performance plan.
3.4.2 Top of Grade or Value Range payment
An Employee at the top of their Grade or Value Range (where not subject to a
value range assessment) will receive a top of Grade or Value Range payment
where the Employee is assessed at their annual performance review as meeting
the “progression criteria” outlined in the Employee’s performance plan.
The top of Grade or Value Range payment will be a one off bonus equal to one
per cent of the Employee’s salary as at 30 June of the relevant performance
cycle.
3.4.3 Performance Cycle and Review
The performance cycle is twelve months (1 July to 30 June).
All Employees (with the exception of casual Employees) must participate in the
performance review process
Only employees who participate in the Performance Cycle and Review Process
will be eligible for Progression or Top of Grade or Value Range Payment, unless
the Employee’s lack of participation is due to the Employer’s failure to initiate the
Performance Cycle and Review Process.
The “progression criteria” are to be agreed with each Employee at the start of the
performance cycle or upon the Employee’s commencement in a role. The
“progression criteria” may be adjusted by agreement during the performance
cycle.
A performance review is undertaken at the end of each performance cycle. The
Employee’s performance against the “progression criteria” is assessed by their
supervisor or manager at that time. Employees must meet all of the elements of
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their individual performance plan to be eligible for progression or a top of Grade
or Value Range payment.
An Employee will be eligible to be assessed for progression or a top of Grade or
Value Range payment, if the Employee has been in their role for 3 months or
more, except in the following circumstances:
o the Employee has been appointed on probation under clause 3.3 and
has been in their role for less than 6 months at the time the performance
review is undertaken;
o the Employee has been appointed to a new role at a higher value range
or grade and has been in their role for less than 6 months at the time the
performance review is undertaken;
o the Employee has completed a formal underperformance process or
subject to one under clause 3.15 at 30 June;
o the Employee is subject to proven misconduct as per clause 3.15 during
the course of the performance cycle
3.5 Multi-Skilling and Job Rotation
Multi-skilling and job rotation arrangements are intended to facilitate operational and
efficiency requirements of ACMI and to create better variety, diversity and more
interesting work for Employees while providing opportunities for increased work and
pay.
Multi-skilling and job rotation arrangements will assist Employees to develop and utilise
new skills, maintain and/or improve existing skills and increase their capacity to
perform a wider range of roles to facilitate prompt and effective responses to visitors
and respond to changing organisational needs.
Where possible, multi-skilling and job rotation arrangements will be by agreement and
have regard to the Performance Development Framework and/or the career aspirations
of Employees. ACMI may only direct an Employee to carry out such duties as is
reasonably within the limits of the Employee’s skills, competence and training.
Employees can expect that their ongoing development will be supported by training
and support including multi-skilling/job rotation opportunities where practicable.
Multi-skilling and job rotation arrangements will be for ad-hoc, short-term and non-
continuing pieces of work at an equivalent grade. An Employee’s substantive position
will be retained and their terms and conditions of employment will not be affected by
any job rotation.
Any directions issued by ACMI pursuant to the provisions of this clause shall be
consistent with ACMI’s responsibilities to provide a safe and healthy work environment.
3.6 Hours of work
3.6.1 Ordinary hours of work
The ordinary hours of work shall be 76 hours over any 14 day cycle or 152 hours over
any 28 day cycle with the standard daily hours being an average of 7.6 (7 hours 36
minutes), excluding meal breaks.
Unless otherwise agreed, all Employees will not work more than five consecutive days
out of any seven; and in any fourteen day cycle will have four days off.
ACMI must not require an Employee to perform Ordinary Hours of work outside the
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times of 7.30 am to 7.30 pm on any weekday or perform Ordinary Hours of work on
Saturdays, Sundays or Public Holidays, without attracting penalty or overtime
payments.
3.6.2 Compressed Hours
Employees may on occasion be granted approval to work their ordinary standard full-
time hours in less than a standard week or pay cycle. For example, a full time
Employee could work
38 hours over four days or 76 hours over nine days. Approval is required before
entering into this arrangement and approval is subject to the operational requirements
of the work area.
3.6.3 Annualised Hours
Annualised hours is effectively a 'flexible working year'. Employees are required to
work a set number of hours per year, rather than per week or per fortnight. The hours
worked are dictated by variations in the demand for work to be carried out. Therefore,
the hours worked are irregular but the Employee receives a regular payment each
fortnight. Approval is required before entering into this arrangement and approval is
subject to the operational requirements of the work area.
3.7 Rest/Meal breaks
3.7.1 Rest periods between periods of duty
(a) From 1 July 2020, other than in exceptional circumstances, an Employee must
not be required to perform:
(i) a further period of overtime duty; or
(ii) a period of ordinary duty; or
(iii) a further period of scheduled stand-by duty
if:
o either the Employee has not been provided with a ten hour rest
period between the time of completion of one period of duty and
the commencement of the next; or
o the Employee has not been provided with a ten hour rest period
within the preceding 24 hours from the time of the commencement
of the stand-by duty.
(b) The Employer must not make a deduction from normal salary if an Employee is
released from normal duty to enable the Employee to observe a rest break in
clause 3.7.1(a).
(c) An Employee required to work, as a result of an exceptional circumstance,
during or after a rest period is due, will receive overtime compensation in
accordance with clause 4.2 for all time worked until a rest period of at least ten
hours continuous duration is taken.
(d) Where at the commencement of the Agreement, Employees currently do not
receive a rest break of at least ten hours, Employers will have six months from
the date of commencement of the Agreement to make the necessary changes
to existing roster practices.
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3.7.2 Meal Breaks
(a) The Employer will grant meal breaks at times suitable to operational
requirements, taking into account the wishes of the Employee. The number and
starting and finishing times of meal breaks will be specified.
(b) Except where otherwise permitted by this clause, the Employee will not be
required to work for more than five hours without an unpaid meal break unless
the Employee and the Employer otherwise agree. The length of the meal interval
must be at least thirty minutes.
(c) If for operational or emergency reasons the Employee is required to remain on
duty, they may arrange to take meals during their hours of duty without a specific
meal break.
(d) Where agreement cannot be reached as specified in clause 3.7.2(b) and the
Employee is required by their supervisor to work through their meal break in
accordance with clause 3.7.2(c), time in lieu or payment for overtime will be
approved in accordance with this Agreement.
(e) If for operational reasons it is impractical for all Employees within a work group to
observe the same time for the taking of a meal break, meal breaks may be
staggered.
3.8 Childcare expenses associated with additional hours
Where Employees are required by ACMI to work outside their ordinary hours of work
and where less than 24 hours’ notice of the requirement to perform such overtime work
has been given by ACMI, the Employee will be reimbursed for reasonable childcare
expenses incurred.
Employees are required to advise ACMI of the likely cost of childcare in advance.
Evidence of expenditure incurred by the Employee must be provided to ACMI as soon
as possible after the working of such overtime.
3.9 Redeployment
The following redeployment provisions will apply to on-going Employees whose
position is redundant. All processes will be consistent with the application of the
principles of fair and reasonable treatment.
A skill and training needs assessment will be undertaken and attempts made to
redeploy the Employee into a position at a comparable salary within ACMI where this
appears a realistic proposition.
The Employee will be provided with meaningful work and retain their existing
classification level and salary during the period of redeployment.
Employees affected by organisational change will be provided with assistance to
consider and pursue the options available to them. The assistance may include but not
be limited to:
Career planning
Retraining
Preparation of job applications
Interview coaching
Time off to attend job interviews
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Financial advice (for all Employees eligible to receive a targeted separation
package)
Counselling and support services
Any such redeployment period will typically continue for an initial period of up to
3 months, although this can be reduced following consultation with the Employee. After
3 months, redeployment arrangements will be reviewed. If ACMI is confident that a
successful placement within ACMI can be achieved the redeployment period may be
extended for up to a further 3 months following consultation with the Employee.
Where a vacancy exists for which a redeployee is suitable and the redeployee is either
the only candidate or the best candidate amongst redeployees, a valid offer will be
made.
Where a placement at a comparable level does not occur, the Employee may be
placed in a position of a lower work value and maintenance of previous salary will be
applicable for a period of 6 months.
Where a suitable placement is unable to be provided for the Employee, ACMI may
terminate the Employee’s employment and the Employee will be entitled to receive
retrenchment payments consistent with the Victorian State Government Redundancy
and Retrenchment policy at the time. This policy does not form part of this Agreement.
Fixed term and casual Employees do not have access to these redeployment/
retrenchment provisions.
3.10 Termination of Employment
The period of notice to be given to an Employee, other than a casual Employee, will be:
Employee’s period of continuous Service with ACMI Period of notice:
Less than 3 years 2 weeks
More than 3 years 4 weeks
The period of notice is increased by one week if the Employee is over 45 years old and
has completed at least 2 years’ continuous service with ACMI.
The period of notice to be given by an Employee is to be 4 weeks.
In accordance with clause 3.3 (Probation) a probationary employee may resign at any
time by giving a minimum of one week’s written notice to ACMI, or a shorter period that
is agreed with ACMI.
Either party may give one day’s notice to terminate the employment of a casual
Employee.
ACMI retains the right to make payment in lieu of notice if the required notice period is
not required to be worked. Payment will be no less than the salary the Employee would
have received for the ordinary hours they would have worked during the period of
notice.
The periods of notice in this clause will not apply in the case of conduct that justifies
summary dismissal.
3.11 Rights Not Limited
This clause does not limit the rights of Employees to pursue any other legal remedy in
respect of termination of employment.
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3.12 Abandonment of employment
(a) Abandonment of employment is the unapproved absence of an Employee
without reasonable grounds as described in clause (b).
(b) The Employer is entitled to regard the employment of an Employee as
abandoned if:
i. the Employee has been absent for more than 20 working days
without the approval of the Employer; and
ii. the Employee has not provided the Employer with a reasonable
explanation for their absence; and
iii. the Employer, after having made reasonable inquiries, could not
reasonably be aware of any reasonable grounds for the absence.
(c) Abandonment of employment constitutes grounds for termination by the
Employer if the employment has not otherwise ended.
(d) If the Employer terminates an Employee’s employment due to abandonment of
employment, the Employer will provide notice of termination or pay in lieu of
notice in accordance with clause 3.10.
3.13 Costs of employment related legal proceedings
If an Employee is required to attend or participate in a proceeding, hearing, examination,
inquiry or investigative process that arises from the performance of the Employee’s
duties, ACMI will meet an Employee’s reasonable legal costs relating to appearance at
or representation before a Court on a matter which directly arises from the performance
of the Employee’s duties. This includes but is not limited to a matter before a Royal
Commission, Independent Broad-based Anti-Corruption Commission, Ombudsman’s or
a Coroner’s request.
Where legal proceedings are initiated against an Employee as a direct consequence of
the Employee legitimately and properly performing their duties, ACMI will not
unreasonably withhold agreement to meet the Employee’s reasonable legal costs
relating to the defence of such proceedings.
Where, as a direct consequence of the Employee legitimately and properly performing
their duties, it is necessary to obtain an intervention order or similar remedy against a
person, ACMI will not unreasonably withhold agreement to meet the Employee’s
reasonable legal costs in obtaining the order or other remedy.
An application to meet an Employee’s reasonable legal costs will be dealt with
expeditiously by the level of management responsible for deciding the matter.
3.14 Dispute Settlement Procedures
For the purposes of this clause a dispute includes a grievance.
Unless otherwise provided for in this Agreement, a dispute about a matter arising under
this Agreement or the National Employment Standards set out in the Fair Work Act
2009 other than termination of employment, must be dealt with in accordance with this
clause. For the avoidance of doubt, a dispute about termination of employment cannot
be dealt with under this clause.
This clause does not apply to any dispute regarding a matter or matters arising in the
course of bargaining in relation to a proposed enterprise agreement.
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.
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3.14.1 Obligations
The parties to the dispute and their representatives must genuinely attempt to resolve
the dispute through the processes set out in this clause and must cooperate to ensure
that these processes are carried out expeditiously.
Whilst a dispute is being dealt with in accordance with this clause, work must continue
in accordance with usual practice, provided that this does not apply to an Employee
who has a reasonable concern about an imminent risk to their health or safety, has
advised ACMI of this concern and has not unreasonably failed to comply with a
direction by ACMI to perform other available work that is safe and appropriate for the
Employee to perform.
No person covered by this Agreement will be prejudiced as to the final settlement of the
dispute by the continuance of work in accordance with this clause.
3.14.2 Agreement and Dispute Settlement Facilitation
For the purposes of compliance with this Agreement (including compliance with this
dispute settlement procedure) where the chosen Employee representative is another
Employee of ACMI, they must be released by ACMI from normal duties for such
periods of time as may be reasonably necessary to enable him/her to represent
Employees concerning matters pertaining to the employment relationship including but
not limited to:
investigating the circumstances of a dispute or an alleged breach of this
Agreement
endeavouring to resolve a dispute arising out of the operation of this Agreement
or
participating in conciliation, arbitration or any other agreed alternative dispute
resolution process
The release from normal duties referred to in this clause is subject to the proviso that it
does not unduly affect the operations of ACMI.
3.14.3 Discussion of Dispute
The dispute must first be discussed by the aggrieved Employee(s) with the immediate
supervisor of the Employee(s).
If the dispute is not settled, the aggrieved Employee(s) can require that the dispute be
discussed with another representative of ACMI appointed for the purposes of this
procedure.
3.14.4 Internal Process
If any party to the dispute who is covered by this Agreement refers the dispute to an
established internal dispute resolution process, the matter must first be dealt with
according to that process, provided that the process is conducted as expeditiously as
possible and:
is consistent with the rules of natural justice,
provides for mediation or conciliation of the dispute,
provides that ACMI will take into consideration any views on who should
conduct the review, and
is conducted as with as little formality as a proper consideration of the dispute
allows.
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If the dispute is not settled through an internal dispute resolution process, the matter
can be dealt with in accordance with the processes set out below.
If the matter is not settled either party to the dispute may apply to Fair Work
Commission (FWC) to have the dispute dealt with by conciliation.
3.14.5 Disputes of a Collective Character
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 for
conciliation.
No dispute of a collective character may be referred to FWC directly unless there has
been a genuine attempt to resolve the dispute at the workplace level prior to it being
referred to FWC for conciliation.
3.14.6 Conciliation
Where a dispute is referred for conciliation, a member of FWC will do everything that
appears to the member to be right and proper to assist the parties to the dispute to
agree on settlement terms.
This may include arranging:
Conferences of the parties to the dispute presided over by the member, and
For the parties to the dispute to confer among themselves at conferences at
which the member is not present.
Conciliation before FWC will be regarded as completed when:
The parties to the dispute have reached agreement on the settlement of the
dispute; or
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
The parties to the dispute have informed the FWC member that there is no
likelihood of agreement on the settlement of the dispute and the member does
not have substantial reason to refuse to regard the conciliation proceedings as
completed.
3.14.7 Arbitration
If the dispute has not been settled when conciliation has been completed, a party to the
dispute may request that FWC proceed to determine the dispute by arbitration.
Where a member of FWC has exercised conciliation powers in relation to the dispute,
the member shall not exercise, or take part in the exercise of, arbitration powers in
relation to the dispute if a party to the dispute objects to the member doing so.
The determination of FWC is binding upon the persons covered by this Agreement,
subject to a determination of a single member of FWC made pursuant to this clause
may, with the permission of the Full Bench of FWC, be appealed.
3.14.8 General Powers and Procedures of FWC
Subject to any agreement between the parties in relation to a particular dispute and the
provisions of this clause, in dealing with a dispute through conciliation or arbitration,
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FWC may conduct the matter in accordance with Subdivision B of Division 3 of Part 5-1
of the FW Act.
3.15 Management of Unsatisfactory Work Performance
The purpose of this clause is to:
support Employees with unsatisfactory work performance to improve their
performance to the required standard; and
ensure that unsatisfactory work performance is addressed expeditiously; and
reflect the public sector values of integrity, impartiality, accountability and
respect with the aim of ensuring that Employees are treated fairly and
reasonably; and
provide a fair and transparent framework for action to be taken where an
Employee continues to perform below the Employer’s expected standard.
3.15.1 Application
Subject to applicable Victorian and federal legislation, action taken by the Employer in
relation to unsatisfactory work performance will be consistent with this clause.
This clause applies to all Employees except casual Employees and Employees subject
to a probationary period of employment.
3.15.2 Referred unsatisfactory work performance matters
The Employer may at any time elect, where there is reasonable cause, to manage the
Employee’s work performance in accordance with clause 3.16 (Management of
Misconduct). Once an election has been made by the Employer under this clause, any
matters that have arisen under the process in this clause may be considered in the
process pursuant to clause 3.16 (Management of Misconduct).
3.15.3 Meaning of unsatisfactory work performance
An Employee’s work performance is unsatisfactory if the Employee fails to behave in the
ways described in the Code of Conduct for Victorian Public Sector Employees as issued
under section 61 of the Public Administration Act 2004 or perform to the required
standards or expectations of their role.
3.15.4 Procedural fairness to apply
The process for managing unsatisfactory work performance will be consistent with the
principles of procedural fairness.
All parties involved in the process will commit to completing it as quickly as practicable.
Before commencing formal unsatisfactory work performance processes, the Employer
must:
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tell the Employee the purpose of the meeting; and
provide the Employee with a copy of the formal unsatisfactory work
performance process to be followed as outlined in clause 3.15.8; and
provide a reasonable opportunity for the Employee to seek advice from the
Union or a representative of their choice before the unsatisfactory work
performance process commences; and
allow the Employee the opportunity to provide details of any mitigating
circumstances.
The Employer must take into account any reasonable explanation of any failure by the
Employee to participate before making a decision under this clause.
3.15.5 Employee Representation
An Employee is entitled to be represented by a person of their choice (including a Union
representative) at any stage of the formal review meetings of the unsatisfactory work
performance management process.
3.15.6 Prior to commencing the process
Prior to commencing the formal unsatisfactory work performance process, the Employer
must:
consider organisational or personal factors that play a role in the Employee’s
unsatisfactory work performance and consider alternatives to the unsatisfactory
work performance process to address the problem; and
have a reasonable expectation that the Employee is capable of meeting the
required level of performance. If the Employer and Employee agree that the
Employee is not capable of meeting the required level of performance the
Employer may reassign the Employee to a suitable alternative position where
reasonably practicable. The suitable alternative position may be at a lower
grade should both the Employer and Employee agree.
3.15.7 Commencing the formal unsatisfactory work performance process
Where the Employer considers that informal attempts to address an Employee’s
unsatisfactory work performance have been unsuccessful, the Employer may proceed
to formally manage the Employee’s unsatisfactory work performance in accordance with,
but not limited to, all or some of the following measures:
increased supervision; or
changes to the Employee’s performance plan; or
mentoring; or
training and professional development; or
increased feedback; or
coaching; or
performance improvement plan.
3.15.8 First stage – formal counselling
(a) The first stage of formal management of unsatisfactory work performance is
formal counselling of the Employee. The Employer must:
•
•
•
•
•
•
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(i) advise the Employee of the unsatisfactory work performance and
confirm the commencement of the formal counselling stage; and
(ii) outline the standard required of the Employee; and
(iii) provide the Employee with an opportunity to respond within a
reasonable timeframe; and
(iv) provide the Employee with an opportunity to improve within a reasonable
timeframe.
(b) The Employee will be advised of the consequences of not improving their
performance within a reasonable period of time and of engaging in any further
unsatisfactory work performance.
(c) A record of the formal counselling session will be placed on the Employee’s
personnel file.
(d) The formal counselling record must indicate:
(i) the standard expected of the Employee; and
(ii) where and how the Employee is not meeting this standard; and
(iii) the consequences if the Employee fails to improve their performance
including that continued or repeated unsatisfactory work performance
may result in termination of the Employee’s employment.
(e) If the Employer determines that the Employee has met the required standard of
performance during the reasonable timeframe referred to in clause Error!
Reference source not found. the Employer will notify the Employee that:
(i) the formal unsatisfactory work performance process has been
completed; and
(ii) no further action will be taken by the Employer unless the Employee
engages in continued or repeated unsatisfactory work performance, in
which case the formal unsatisfactory work performance process may
continue to the next stage.
A copy of this notification will be placed on the Employee’s personnel file.
3.15.9 Second stage – formal written warning
(a) The Employee will be given a formal written warning by the Employer, if:
(i) the Employee’s performance has not improved within the reasonable
period following formal counselling in accordance with clause
3.15.8(a)(iv); and/or
(ii) the Employee engages in further unsatisfactory work performance.
(b) The Employer must:
(i) advise the Employee of the unsatisfactory work performance; and
(ii) outline the standard required of the Employee; and
(iii) provide the Employee with an opportunity to respond within a
reasonable timeframe; and
(iv) provide the Employee with an opportunity to improve within a reasonable
timeframe.
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(c) The formal written warning must indicate:
(i) the standard expected of the Employee; and
(ii) where and how the Employee is not meeting this standard; and
(iii) the consequences if the Employee fails to improve their performance
including that continued or repeated unsatisfactory work performance
may result in termination of the Employee’s employment.
(d) The written warning will be placed on the Employee’s personnel file.
(e) If the Employer determines that the Employee has met the required standard of
performance during the reasonable timeframe referred to in clause 3.15.8(a)(iv),
the Employer will notify the Employee that:
(i) the formal unsatisfactory work performance process has been
completed; and
(ii) no further action will be taken by the Employer unless the Employee
engages in continued or repeated unsatisfactory work performance, in
which case the formal unsatisfactory work performance process may
continue to the next stage.
A copy of this notification will be placed on the Employee’s personnel file.
3.15.10 Third stage – final warning
(a) The Employee will be given a final written warning by the Employer if:
(i) the Employee’s performance has not improved within the reasonable
time period following receipt of a formal written warning in accordance
with clause 3.15.9(b)(iv); or
(ii) the Employee engages in further unsatisfactory work performance.
(b) The Employer must:
(i) advise the Employee of the unsatisfactory work performance; and
(ii) outline the standard required of the Employee; and
(iii) provide the Employee with an opportunity to respond within a
reasonable timeframe; and
(iv) provide the Employee with an opportunity to improve within a reasonable
timeframe.
(c) The final written warning must indicate:
(i) the standard expected of the Employee; and
(ii) where and how the Employee is not meeting this standard; and
(iii) the consequences if the Employee fails to improve their performance
including that continued or repeated unsatisfactory work performance
may result in termination of the Employee’s employment.
(d) The final written warning will be placed on the Employee’s personnel file.
(e) If the Employer determines that the Employee has met the required standard of
performance during the reasonable timeframe referred to in clause 3.15.10(b)(iv),
the Employer will notify the Employee that:
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(i) the formal unsatisfactory work performance process has been
completed; and
(ii) no further action will be taken by the Employer unless the Employee
engages in continued or repeated unsatisfactory work performance, in
which case the formal unsatisfactory work performance process may
continue to the next stage.
A copy of this notification will be placed on the Employee’s personnel file.
3.15.11 Determination of unsatisfactory work performance outcome
(a) In the event that the Employee’s performance has not improved within the
reasonable time period following the process set out in clauses 3.15.8 and 3.15.9
and on receipt by the Employee of the final written warning in accordance with
clause 3.15.10, the Employer will advise the Employee of the Employee’s
continued or repeated unsatisfactory work performance and provide the
Employee with a reasonable opportunity to respond.
(b) After considering the Employee’s performance and response (including any
failure to respond in accordance with clause 3.15.11(a), the Employer will
determine the unsatisfactory work performance outcome that is to apply to the
Employee.
(c) The possible outcomes are:
(i) assignment of the Employee with or without their agreement to a role at
a classification level or Value Range lower than the Employee’s current
classification level or Value Range; or
(ii) termination of the Employee’s employment.
(d) The Employer will advise the Employee of the unsatisfactory work performance
outcome in writing and a copy will be placed on the Employee’s personnel file.
3.15.12 Disputes
Any dispute arising under this clause may only be dealt with in accordance with clause
3.14 (Resolution of Disputes) when any of the following are placed on the Employee’s
personnel file in accordance with this clause (this may include whether clause 3.15.4 has
been complied with in the Employer coming to a decision):
a record of formal counselling; or
a formal written warning; or
a final written warning; or
a notification given to the Employee pursuant to clauses3.15.8(e), 3.15.9(e) or
3.15.10(e); or
a record of unsatisfactory work performance outcome.
3.16 Management of Misconduct
The purpose of this clause is to:
establish procedures for managing misconduct or alleged misconduct of an
Employee; and
provide for Employee alleged misconduct to be investigated and addressed
expeditiously and with minimal disruption to the workplace; and
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reflect the public sector values of integrity, impartiality, accountability and
respect with the aim of ensuring that Employees are treated fairly and
reasonably; and
manage the Employee’s performance in accordance with this clause instead of
clause 3.15 (Management of Unsatisfactory Work Performance) where the
Employer determines that it would be more appropriate.
3.16.1 Application
(a) Subject to applicable Victorian and federal legislation, action taken by the Employer
in relation to misconduct will be consistent with this clause.
(b) This clause applies to all Employees except casual Employees and Employees
subject to a probationary period of employment.
3.16.2 Meaning of misconduct
For the purposes of this clause, misconduct includes:
a contravention of a provision of the PAA (Vic), the regulations to that Act, a
binding code of conduct or a provision of any statute or regulation that applies
to the Employee in the Employee’s employment; or
improper conduct in an official capacity; or
a contravention, without reasonable excuse, of a lawful direction given to the
Employee as an Employee by a person authorised to give that direction; or
an Employee making improper use of their position for personal gain; or
an Employee making improper use of information they acquired by virtue of
their position to gain personally, or for anyone else, financial or other benefits or
to cause detriment to the VPS or the public sector.
3.16.3 Referred matters under clause 3.15
Any matters that have arisen under the management of unsatisfactory work performance
process in clause 3.15 may be considered in the misconduct process pursuant to this
clause.
3.16.4 Employee representation
An Employee is entitled to be represented by a person of their choice (including a Union
representative) at any stage of the misconduct process.
3.16.5 Procedural fairness to apply
(a) The process for managing Employee misconduct will be consistent with the
principles of procedural fairness.
(b) All parties involved in the misconduct process will commit to completing it as quickly
as practicable.
(c) The Employer will:
(i) advise the Employee of the purpose of any meetings; and
(ii) provide the Employee with a copy of the formal process to be followed;
and
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(iii) provide a reasonable opportunity for the Employee to seek advice from
the Union or a representative of their choice at any stage of the
misconduct process; and
(iv) allow the Employee the opportunity to provide details of any mitigating
circumstances.
(d) The Employer must take into account any reasonable explanation of any failure by
the Employee to participate before making a decision under this clause.
3.16.6 Directions
(a) Where Employee misconduct is alleged, the Employer may do any of the following:
(i) make an initial assessment of the alleged misconduct before
commencing the formal process to determine if an investigation is
required in accordance with clause 3.16.9; and/or
(ii) determine that it is appropriate to immediately commence an
investigation of the alleged misconduct in accordance with clause
3.16.9; and/or
(iii) direct the Employee to proceed immediately to perform alternative duties
or work at an alternative place of work; and/or
(iv) direct the Employee not to speak to other Employees of the Employer
about the matter or not to visit certain places of work; and/or
(v) suspend the Employee with pay.
(b) In the event that the Employer suspends the Employee with pay under clause
3.16.6(a) (v), the Employer will:
(i) review this decision no later than a date which is four weeks after the
commencement of the suspension; and
(ii) confirm whether the suspension is to continue or is no longer necessary.
(c) The Employer will continue to review any decision regarding an Employee’s
suspension every four weeks thereafter, until the end of the misconduct process in
accordance with this clause.
3.16.7 Advising the Employee
As soon as practicable after an allegation of misconduct has been made and
the Employer has determined in accordance with clause 3.16.6(a)(i) or clause
3.16.6(a)(ii) that an investigation is required, the Employer will advise the
Employee of the alleged misconduct in writing.
The written advice will contain the allegation/s of misconduct made about the
Employee. Relevant information will only be withheld where it is necessary to
withhold that information in order to protect the personal privacy of any other
person consistent with Federal or State legislation.
3.16.8 Admissions by Employee
The Employee may at any stage elect to admit the alleged misconduct.
If the Employee admits the alleged misconduct, the Employer may:
o determine that further investigation is required (for example to
investigate partial admissions, mitigating circumstances or other relevant
issues); or
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o may proceed immediately to the determination of the misconduct clause
3.16.11 by advising the Employee of the proposed discipline outcome
and giving the Employee a reasonable opportunity to respond to the
findings in accordance with clause 3.16.10.
3.16.9 Investigation of alleged misconduct
Where an investigation is required, the Employer will appoint a person to
conduct an investigation into the alleged misconduct. Where appropriate, the
investigation may be conducted by the Employee’s immediate manager. The
appointed person must not have any prior personal involvement in the matter.
The Employer will provide the Employee with an opportunity to speak to the
investigator if the Employee wishes to do so.
The investigation may include:
o collecting any relevant materials; and
o speaking with the Employee; and
o speaking with any relevant witnesses; and
o providing the Employee with specific particulars to allow the Employee to
properly respond to the alleged misconduct; and
o seeking an explanation from the Employee; and
o investigating any explanation made by the Employee for the purposes of
verifying the explanation so far as possible.
In relation to each allegation of misconduct, the investigator will make findings
as to whether:
o the allegation is substantiated; or
o the allegation is not substantiated.
Where the investigator makes a finding that an allegation is not substantiated,
which is accepted by the Employer, the misconduct process will conclude in
relation to any such allegation and the Employee will be informed accordingly.
Where the investigator makes a finding that the allegation is substantiated, the
Employer will consider this information and propose a discipline outcome.
3.16.10 Opportunity for response by Employee
As soon as practicable after the investigator has made a finding that any
allegation of misconduct is substantiated, the Employee will be provided with
the findings of the investigator and the proposed discipline outcome. The
Employee will be provided with sufficient information to allow them a reasonable
basis to respond.
The Employee will be given a reasonable time to respond to the findings or the
material and the recommended discipline outcome. Any response must be
provided within the above reasonable time.
3.16.11 Determination of discipline outcome
(a) The Employer will consider:
(i) the findings of the investigator; and
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(ii) any recommendations as to the appropriate disciplinary outcome; and
(iii) any response of the Employee (including any admission of misconduct
under clause 3.16.8); and
(iv) any prior disciplinary outcomes,
and then determine the discipline outcome that is to apply to the Employee. The
discipline outcome must not be disproportionate to the seriousness of the matter.
(b) The possible discipline outcomes are:
(i) no action; or
(ii) performance management; or
(iii) formal counselling; or
(iv) formal warning; or
(v) final warning; or
(vi) assignment of the Employee with or without their agreement to a role at
a classification level or Value Range lower than the Employee’s current
classification level or Value Range:
(vii) termination of employment.
(c) In order to avoid a more severe discipline outcome being applied to an
Employee, the Employer may apply the discipline outcomes listed in clause
3.16.11(b)(ii) to 3.16.11(b)(vii) together to form a single disciplinary outcome.
(d) The Employer will advise the Employee of the discipline outcome in writing and
a copy will be placed on the Employee’s personnel file.
3.16.12 Informing Employee who raised allegation of misconduct
If a process was conducted in accordance with this clause because of an allegation of
misconduct by another Employee, the Employer must advise that Employee that the
allegation has been dealt with in accordance with this clause, and may provide the
Employee with other information as is reasonably practicable.
3.16.13 Disputes
(a) Any dispute arising under this clause may only be dealt with in accordance with
clause 3.14 (Dispute Settlement Procedures) when any of the following are
placed on the Employee’s personnel file in accordance with this clause (this
may include whether clause 3.16.53.16.5 has been complied with in the
Employer coming to a decision):
(i) a record of formal counselling; or
(ii) a formal written warning; or
(iii) a final written warning; or
(iv) a record of discipline outcome.
(b) Despite clause 3.16.13(a), a party to a misconduct investigation, may use
clause 3.14 (Dispute Resolution Procedures) over the application of clause
3.16.5(b) when:
(i) a misconduct investigation under clause 3.16.9 has not been completed
within six months of the Employee being advised of alleged misconduct
under clause 3.16.7, and
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(ii) the party considers the delay to be unreasonably caused by the other
party.
3.16.14 Potential criminal conduct
Where alleged misconduct that is the subject of a process in accordance with this clause
is also the subject of a criminal investigation or criminal proceedings, the Employer is not
required to delay or cease the management of misconduct process under this clause but
the Employer may exercise its discretion to do so.
3.17 Flexible Work
The Parties are committed to providing a range of flexible working arrangements to
give Employees a meaningful level of control over when, where and how work is
accomplished.
These reflect a genuine commitment to support both individual flexibility and business
performance needs, while recognising that not all forms of flexibility will be suitable for
all roles at any time.
3.17.1 Individual Flexibility Arrangements
An Employee and ACMI may enter into an individual flexibility arrangement in order to
meet the genuine needs of both the Employee and ACMI. An individual flexibility
arrangement must be genuinely agreed to by the Employee and ACMI.
An individual flexibility arrangement may vary the Ordinary Hours of Work of the
Employee as set out in clause 3.6.1 of this Agreement.
An Employee may nominate a representative to assist in negotiations for an individual
flexibility arrangement.
ACMI will ensure that the terms of the individual flexibility arrangement:
Are about permitted matters under section 172 of the Fair Work Act 2009.
Are not unlawful terms under section 194 of the Fair Work Act 2009.
Result in the Employee being better off overall than the Employee would be if
no arrangement was made.
ACMI will ensure that the individual flexibility arrangement:
Is in writing.
Includes the name of ACMI and the Employee.
Is signed by ACMI and the Employee and if the Employee is under 18 years of
age, signed by a parent or guardian of the Employee.
and includes details of:
The terms of the Agreement that will be varied by the arrangement.
How the arrangement will vary the effect of the terms.
How the Employee will be better off overall in relation to the terms and
conditions of their employment as a result of the arrangement.
States the day on which the arrangement commences and the date in which the
arrangement ceases.
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ACMI will give the Employee a copy of the individual flexibility arrangement within
14 days after it is agreed to. ACMI or the Employee may terminate the individual
flexibility arrangement:
By giving no more than 28 days written notice to the other party to the
arrangement or
If ACMI and the Employee agree in writing – at any time.
3.17.2 Flexitime
All non-rostered Employees may work their contracted hours flexibly over a 14
day or 28 day cycle within the ordinary hours of work.
The maximum number of hours an Employee can accrue as flexitime which can
be carried forward from one cycle to the next cycle is 38 hours. The maximum
number of hours an Employee can be in debit from one cycle to the next is 7.6
hours.
Flexitime accrued can be taken by agreement with the relevant manager,
subject to the leave requirement not unduly affecting the work requirements of
the work unit, and will not be unreasonably withheld.
Unless specific approval is given by the manager, or when accessing flexitime,
Employees are required to be in attendance during the period from 9.30 a.m. to
12 noon and 2.00 p.m. to 4.00 p.m. A lunch break of at least 30 minutes is to be
taken each day.
3.17.3 Working from Home
Working from home arrangements may be agreed between the Employer and an
individual Employee on a case-by-case basis.
During the life of the Agreement, the Parties agree to review working from home
arrangements taking into account the experience gained during the Coronavirus
(COVID-19) pandemic.
3.17.4 Right to request Flexible Working Arrangement for specific
circumstances
(a) Section 65 of the FW Act provides that an Employee may request a change in
their working arrangements in any of the following circumstances:
(i) the Employee is the parent, or has responsibility for the care, of a Child
who is of school age or younger; or
(ii) the Employee is a carer (within the meaning of the Carer Recognition
Act (2010); or
(iii) the Employee has a disability; or
(iv) the Employee is 55 or older; or
(v) the Employee is experiencing violence from a member of the
Employee’s family; or
(vi) the Employee provides care or support to a member of the Employee’s
Immediate Family, or a member of the Employee’s household, who
requires care or support because the member is experiencing violence
from the member’s family.
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Note: Examples of changes in working arrangements include changes in hours
of work, changes in patterns of work and changes in location of work.
(b) To avoid doubt, and without limiting clause 3.17.4(a), an Employee may request
to work part-time to assist the Employee to care for the Child if the Employee:
(i) is a parent, or has responsibility for the care, of a Child; and
(ii) is returning to work after taking leave in relation to the birth or adoption
of the Child;
(c) A casual Employee is not entitled to make a request under this clause unless
the Employee:
(i) is a Long Term Casual Employee of the Employer immediately before
making the request; and
(ii) has a reasonable expectation of continuing employment by the
Employer on a regular and systematic basis.
(d) A request made under this clause must be made in writing and set out details of
the change sought and the reasons for the change.
(e) Before responding to a request, the Employer must discuss the request with the
Employee and genuinely try to reach agreement on a change in working
arrangements that will reasonably accommodate the Employee’s circumstances
having regards to:
(i) the needs of the Employee arising from their circumstances; and
(ii) the consequences for the Employee if changes in working arrangements
are not made; and
(iii) any reasonable business grounds for refusing the request.
(f) On receipt of a request by an Employee under this clause, the Employer must
give the Employee a written response within 21 days, stating whether the
Employer grants or refuses the request.
(g) The Employer may only refuse the request on reasonable business grounds.
(h) Without limiting what are reasonable business grounds for the purposes of this
clause, reasonable business grounds include any of the following:
(i) that the new working arrangements requested by the Employee would
be too costly for the Employer; or
(ii) that there is no capacity to change the working arrangements of other
Employees, or recruit new Employees, to accommodate the new
working arrangements requested by the Employee; or
(iii) that it would be impractical to change the working arrangements of other
Employees, or recruit new Employees, to accommodate the new
working arrangements requested by the Employee; or
(iv) that the new working arrangements requested by the Employee would
be likely to result in a significant loss in efficiency or productivity; or
(v) that the new working arrangements requested by the employee would
be likely to have a significant negative impact on customer service.
(i) If the Employer refuses the request, the written response under clause 3.17.4(f)
must include:
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(i) details of the reasons for the refusal, including the business grounds or
ground for the refusal and how the ground or grounds apply, and
(ii) whether or not there are any changes in working arrangements that the
Employer can offer the employee so as to better accommodate the
Employee’s circumstances; and
(iii) if the Employer can offer the employee such changes in working
arrangements, set out those changes in working arrangements.
(j) If the Employer and Employee reached an agreement under this clause on a
change in working arrangements that differs from that initially requested by the
Employee, the Employer must provide the Employee with a written response to
their request setting out the agreed change or changes in working
arrangements.
(k) Other provisions associated with Flexible Work contained within this agreement
include:
Part-Time Employment
Part time employment may be worked by agreement between the Employee
and the Employer
Hours of Work
An Employee can agree with the Employer to work their ordinary hours flexibly,
within the span of hours, to best meet the Employer’s work requirements and
the Employee’s personal and/or family circumstances. This may include, for
example, working compressed hours.
Purchased Leave
An Employee and Employer may agree to work less than 52 weeks per year to
increase the amount of leave available
Family Violence Leave
An Employee experiencing family violence has an entitlement to additional
leave and may request flexible work arrangements
Parental Leave
An Employee returning to work after parental leave has a right to request a
reduced time fraction until their Child reaches school age, or alternatively may
request an extension of unpaid parental leave
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3.17.5 Agility Principles
(a) The Parties agree to interpret and apply this Agreement consistently with the
following principles aimed at promoting workforce agility in recognition that:
(b) For the life of the Agreement ACMI requires more flexibility and agility,
particularly in response to the re-opening of the museum in early 2021, and
(c) The work required at a modern creative organisation is not static but always
changing, due to factors such as new government priorities, population growth,
the pace and scale of technological advancement, changing community service
delivery expectations and the need to respond to evolving complex public policy
problems or crises.
(d) ACMI Employees are committed to ensuring they participate to support evolving
priorities.
The Parties agree that the principles set out above will be operationalised over the life
of the Agreement, through a range of changed workplace practices, modes of work and
service delivery. These may include, for example but not limited to:
(a) A model where ongoing Employees are deployed to priority projects or programs
across ACMI based on their core skills and capabilities, rather than being limited to
a specific role, and
(b) Interdisciplinary project teams which change in size and composition over time, with
shared resources and/or reporting lines outside traditional hierarchical structures or
across departmental boundaries
(c) A reasonable expectation that ACMI staff will keep abreast of contemporary trends,
practices, technologies in their field - including but not limited to, attending other
arts and cultural events.
The parties agree that workforce agility measures are not intended to adversely affect
Employees’ overall employment security or otherwise disadvantage Employees in their
employment. In particular:
The Employer will designate a line manager for personal development,
wellbeing, performance assessment and related support. An Employee may
report to a number of different managers for projects or work activities. The line
manager may consult with the Employee’s different project or work activity
managers in assessing an Employee’s performance. The designated line
manager will ensure an Employee’s reporting arrangements are clear, and
Clause 1.11 – Workload applies in respect of workforce agility measures, and
An Eligible Employee’s participation in workforce agility measures will be
regarded favourably and not place that Employee at a disadvantage for the
purposes of performance development and progression, and
The Employer will at all times apply the appropriate classification level, and
where applicable, higher duties allowance, to work performed by an Employee,
and
The Employer will comply with its obligations under the Agreement (see clauses
3.17.1 – 3.17.4) and section 65 of the FW Act regarding flexible work
arrangements and will ensure that an Employee’s need for flexible work
arrangements is taken into account in implementing agility measures, and
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The Employer will comply with its obligations under the Agreement and the
Occupational Health and Safety Act 2004 (Vic) when implementing agility
measures, and
Agility measures will not disadvantage an Employee in their terms and
conditions of employment.
3.17.6 Agility Payment for Ongoing ACMI Employees
Ongoing ACMI Employees will be paid a fortnightly Agility Payment Allowance
equivalent to 1.25% of the highest point of each Value Range consistent with their
position Grade. The Agility Payment Allowance will be effective from the date of In
Principle Agreement and:
(a) in recognition of the Parties commitment to the agility principles outlined in
clause 3.17.5 (Agility Principles) of the Agreement, and
(b) in recognition of the fact that the work required of a modern creative
organisation is not static but always evolving, and
(c) to acknowledge Employees are committed to ensuring they participate to
support evolving priorities. The value of the Agility Payment will be apportioned
evenly across each fortnightly pay period and will be on a pro-rata basis for
part-time employees based on their ordinary hours of work.
3.17.7 Agility Payment for ACMI Casual Employees
ACMI casuals will be paid the Agility payment annually, in arrears based on their
ordinary earnings year to date. The payment dates are set out below.
1. The first payment after the agreement commencement date
2. The last payment in June 2022
3. The last payment in June 2023
4. The last payment in April 2024
If a casual employee is terminated before the end of the year, they will be paid the
allowance in their final pay.
4 REMUNERATION AND CLASSIFICATION
4.1 Pay and Classification Structure
Positions are classified in Grades 1 to 6 or the Senior Technical Specialist Grade
based on work value.
Employees will be employed in one of these Grades and Value Ranges based on work
requirements in accordance with the Grade Standard Descriptors and the Classification
and Value Range Standard Descriptors in place in the VPS. The current Grade
Standard Descriptors are set out in Schedule 2 to this Agreement and the current
Classification and Value Range Standard Descriptors are set out in Schedule 3 to this
Agreement.
4.2 Overtime payments
Overtime means all work performed by the Employee at the direction of ACMI in
addition to the contracted hours of work of the Employee.
The manager and the Employee must agree at the time the Employee is requested to
work overtime if the Employee will receive payment or take time in lieu of the overtime
worked.
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(a) Employees at Grades 4, 5 and 6 are not eligible for payment in relation to
overtime hours. Grade 4 Employees are eligible for time in lieu of overtime
hours worked.
(b) Employees up to and including Grade 3 are entitled to be paid at the overtime
rates set out in Clause 4.2.1 and 4.2.2 where an Employee; at the express
direction of ACMI, works hours:
(c) in addition to an Employee's contracted hours, and calculated with reference to
that day’s shift;
(d) as a result of being recalled to duty due to an emergency or other unforeseen
circumstances.
Each occasion of overtime will stand alone.
For overtime worked over 76 hours on Overtime rate
(% of ordinary hourly rate)
Monday to Saturday – first three hours 150%
Monday to Saturday – after 3 hours 200%
Sunday - in all cases except Public
Holidays
200%
Public Holiday or substituted day 250%
Where an employee is working flexibly and not directed to work additional hours,
clause 3.17.2 (Flexitime) will apply.
4.2.1 Full time Employees
When an eligible Employee as defined in clause 4.2, is required by ACMI to work
Overtime and has elected to be compensated, the Employee must be compensated in
accordance with this clause.
Payment for any additional hours worked by Employees in a payroll fortnight up to and
including Grade 3 will be as follows:
Hours up to 76 hours paid at ordinary time rates
Any hours worked over 76 in a given fortnight shall be paid as follows:
On a Monday through to Saturday (excluding public holidays):
o the first 3 hours on any day are paid at 50% in addition to the
Employee’s ordinary hourly rate
o Additional hours worked in excess of 3 hours on any day are paid at
100% in addition to the Employee’s ordinary hourly rate
Sundays except Public Holidays
o All hours are paid at 100% in addition to the Employee’s ordinary hourly
rate.
Public Holidays
o All hours are paid at 150% in addition to the Employee’s ordinary hourly
rate.
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In accordance with Clause 4.2.4 Time Off In Lieu, eligible full time Employees may
elect to convert the additional hours worked to Time Off In Lieu (TOIL).
4.2.2 Part time Employees
Part time Employees up to and including Grade 3 are eligible for the payment of
overtime in accordance with Clause 4.2.1 where the total hours worked in a fortnightly
period exceeds their contracted hours otherwise payment is made at the Employee’s
hourly rate.
In accordance with Clause 4.2.4 Time Off In Lieu, eligible part time Employees may
elect to convert the additional hours worked to Time Off In Lieu (TOIL).
4.2.3 Casual Employees
When a casual Employee is required to work in excess of 8 hours in any one day
(excluding meal breaks), payment will be at the appropriate overtime rate on the casual
hourly rate as specified in clause 4.2.1 of this agreement.
4.2.4 Time off in lieu (TOIL)
Employees up to and including Grade 3 may request that time be granted in lieu of
payment for Overtime worked at the direction of ACMI. Grade 4 Employees may
request that time worked at the direction of ACMI be granted as time in lieu of overtime
(TOIL).
TOIL may accrue to a maximum of 38 hours. Any Employee up to and including Grade
3 who has accumulated 38 hours of TOIL will be paid in accordance with Clause 4.2
Overtime Payments for any additional hours worked. Grade 4 Employees with TOIL
balances in excess of 38 hours must agree with their Manager a plan for time owing to
be granted or may bank these hours for a period of up to 3 months.
ACMI will use best endeavours to permit the Employee to take TOIL at a time of the
Employee’s choosing. Requests made by an Employee to take TOIL will not be
unreasonably refused by ACMI.
Any Time Off in Lieu not taken by Employees up to and including Grade 3 by 31
December or 30 June each year will be paid out in accordance with Clause 4.2 and any
balances will revert to zero.
If the employee requests at any time to be paid for overtime covered by a TOIL
agreement under this clause but not taken as time off, ACMI must pay the employee for
the overtime in the next pay period following the request, at the overtime rate applicable
to the overtime when worked.
Upon termination of employment for any reason, the Employee will be paid out for any
TOIL accrued in accordance with this clause as if it was time worked.
(a) Employees who elect to accrue TOIL for overtime hours worked will do so on
the following basis:
(b) Overtime worked Monday to Friday – On an hour for hour basis
(c) Overtime worked on a Saturday, Sunday or Public Holiday – Two hours of time
in lieu for each hour worked
4.3 Overtime meal payment
An Employee will be reimbursed the cost of a meal, where:
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(a) An Employee is required to work a period of overtime of at least 2 hours and a
meal break of at least 30 minutes is taken during the period of overtime and
(b) The expense is considered reasonable and does not exceed the relevant
amounts set by the Australian Tax Office, unless otherwise agreed
Employees who are required to work overtime on a day they are normally not required
to work, will be reimbursed the reasonable cost of a meal provided they work at least
five hours and a meal break of at least 30 minutes is taken.
4.4 Meeting/Training payment
If an Employee is required to attend a meeting arranged or authorised by ACMI or any
structured training session, the minimum payment will be 2.5 hours ordinary pay.
Management will endeavour to schedule meeting and training sessions adjacent to
rostered hours to be worked.
4.5 Penalty payments
4.5.1 Rostered employees
Employees are entitled to the following allowances:
Employees who are required by ACMI as part of their ordinary hours to work
between 7.30 pm and 12.00am, Monday to Friday will be paid an allowance at
the rate of 15% of the appropriate hourly rate for each hour of duty worked
between 7.30 pm and 12.00am.
Employees who are required by ACMI as part of their ordinary hours to work on
a Saturday will be paid an allowance at the rate of 50% of the appropriate
hourly rate for each hour of duty.
Employees who are required by ACMI as part of their ordinary hours to work on
a Sunday will be paid an allowance at the rate of 100% of the appropriate
hourly rate for each hour of duty.
Employees who are required by ACMI as part of their ordinary hours to work on
a Public Holiday will be paid an allowance at the rate of 150% of the appropriate
hourly rate for each hour of duty.
Employees who are required by ACMI as part of their ordinary hours to work
between 12.00am and 7.30am, Monday to Friday will be paid an allowance at
the rate of 20% of the appropriate hourly rate for each hour of duty worked
between 12.00am and 7.30am.
4.5.2 Casual Employees
An allowance of 15% will apply to casuals who are required to perform work
between 7.30pm and 12.00am on any given day Monday to Friday. The 15%
will be in addition to the casual loading (e.g. 40% in addition to the ordinary
hourly rate).
An allowance of 50% will apply to casuals who perform work on Saturday. The
50% will be in addition to the casual loading (e.g. 75% in addition to the
ordinary hourly rate).
An allowance of 100% will also apply to casuals who perform work on Sunday.
The 100% will be in addition to the casual loading (e.g. 125% in addition to the
ordinary hourly rate).
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An allowance of 150% will also apply to casuals who perform work on Public
Holidays. The 150% will be in addition to the casual loading (e.g. 175% in
addition to the ordinary hourly rate).
An allowance of 20% will apply to casuals who are required to perform work
between 12.00am and 7.30am on any given day Monday to Friday. The 20%
will be in addition to the casual loading (e.g. 45% in addition to the ordinary
hourly rate).
4.6 On call arrangements
ACMI may require an Employee to be On Call outside the Employee's ordinary hours of
work to perform work away from their usual place or places of work, which requires an
immediate response. The Employee may also be required to be recalled to their usual
place or places of work.
ACMI will, in consultation with the Employee, establish a roster for On Call duty.
The Employee may refuse to be On Call where this may result in the Employee
working hours which are unreasonable having regard to:
any risk to the Employee's health and safety;
the Employee's personal circumstances including family responsibilities;
the needs of the workplace;
the notice (if any) given by ACMI of the on-call and by the Employee of their
intention to refuse it; and
any other relevant matter.
An Employee On Call:
must be able to be contacted immediately or shortly thereafter, by an agreed
means of communication provided by ACMI;
must be able to travel to their usual place or places of work within a reasonable
time;
will, if required to be recalled to work, be provided by ACMI with appropriate
transport or be reimbursed travel expenses and
must be fit for duty.
ACMI must pay the following allowance for On Call duty:
Date of
Effect
20 March
2020
1 December
2020
1 September
2021
1 June
2022
1 March
2023
1 December
2023
Per night $30.70 $31.10 $31.55 $31.95 $32.45 $32.75
Per
day/night
$61.90 $62.70 $63.65 $64.40 $65.40 $66.05
The above allowance is payment for being available to perform duty and will include
initial limited response to a telephone call or email, as long as the subject of that
telephone call or email does not require further following up.
All work after the initial limited response to a telephone call or e-mail will be
remunerated as Overtime in accordance with clause 4.2 (Overtime Payments).
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Where the Employee is not required to attend the workplace, they will have the
overtime paid as it is worked with no minimum hours applicable.
An Employee who is required to attend the workplace is entitled to a minimum overtime
payment of four hours inclusive of travel to and from the office.
The Employee and the manager can agree that time can be taken in lieu of payment.
Time in lieu of payment will be calculated at overtime rates in accordance with clause
4.2 (Overtime Payments).
4.7 Superannuation
4.7.1 Superannuation legislation
(a) Superannuation legislation, including the Superannuation Guarantee
(Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act
1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the
Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the
superannuation rights and obligations of Employers and Employees. Under
superannuation legislation individual Employees generally have the opportunity
to choose their own superannuation fund. If an Employee does not choose a
superannuation fund, any superannuation fund nominated in the Agreement
covering the Employee applies.
(b) The rights and obligations in these clauses supplement those in superannuation
legislation.
4.7.2 Employer contributions
The Employer must make such superannuation contributions to a superannuation fund
for the benefit of an Employee, regardless of age, as will avoid the Employer being
required to pay the superannuation guarantee charge under superannuation legislation
with respect to that Employee.
4.7.3 Voluntary Employee contributions
(a) Subject to the governing rules of the relevant superannuation fund, an Employee
may, in writing, authorise their Employer to pay on behalf of the Employee a
specified amount from the post-taxation wages of the Employee into the same
superannuation fund as the Employer makes the superannuation contributions
provided for in clause 4.7.2.
(b) An Employee may adjust the amount the Employee has authorised their
Employer to pay from the wages of the Employee from the first of the month
following the giving of three months’ written notice to their Employer.
(c) The Employer must pay the amount authorised under clauses 4.7.3(a) or 4.7.3(b)
no later than 28 days after the end of the month in which the deduction authorised
under clauses 4.7.3(a) or 4.7.3(b) was made.
4.7.4 Superannuation fund
Unless, to comply with superannuation legislation, the Employer is required to make the
superannuation contributions provided for in clause 4.7.2 to another superannuation fund
that is chosen by the Employee, the Employer must make the superannuation
contributions provided for in clause 4.7.2 and pay the amount authorised under clauses
4.7.3(a) or 4.7.3(b) to one of the following superannuation funds:
(a) the Employer’s default superannuation fund; or
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(b) any superannuation fund to which the Employer was making superannuation
contributions for the benefit of its Employees before 12 September 2008,
provided the superannuation fund is an eligible choice fund and is a fund that
offers a MySuper product or is an exempt public sector superannuation
scheme; or
(c) a superannuation fund or scheme which the Employee is a defined benefit
member of.
4.7.5 Employer contributions in respect of Primary Caregiver Parental Leave
(a) An Employee is entitled to have superannuation contributions made in respect
of the period of the Employee’s Primary Caregiver Parental Leave which occurs
on or after 1 July 2020.
(b) The Employer will pay the superannuation contributions as a lump sum to the
Employee’s fund as provided for in clause 4.7.4.
(c) The lump sum payment will be made on or before the first superannuation
guarantee quarterly payment due date following the Employee’s return to work
at the conclusion of their Primary Caregiver Parental Leave.
(d) The quantum of superannuation contributions payable under this clause will be
calculated based on:
(i) The number of weeks of Primary Caregiver parental leave taken by the
Employee, capped at 52 weeks; and
(ii) The Employee’s weekly pay calculated in accordance with clause 5.17.24
of the Agreement; and
(iii) The applicable contribution rate under the Superannuation Guarantee
Administration Act 1992 (Cth) at the time the payment is made.
4.7.6 Salary packaging
An Employee may enter into a salary packaging arrangement with the Employer using
pre-tax salary in respect of superannuation, a novated lease and/or other approved
benefits under State or Federal legislation. In the case of salary sacrifice to State
Government defined benefit superannuation schemes, arrangements must comply with
State legislation.
All costs associated with salary packaging, including the Employer’s reasonable
administrative costs, are to be met from the salary of the participating Employee.
4.8 Higher duties allowance
When does higher duties allowance apply?
A higher duties allowance will be paid where an Employee is required to undertake all or
part of the duties of a higher classified position (including a position classified at a higher
Value Range) for:
a period longer than five consecutive working days; or
where the Employee works in the higher classified position on a regular and
systematic basis.
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4.8.1 Level of allowance
The level of the allowance shall be in proportion to the extent of the higher duties
performed and shall be calculated on the base of the Employee’s higher Grade or Value
Range.
4.8.2 Leave while performing higher duties
Paid leave taken during a higher duties assignment shall be paid inclusive of the
allowance, provided the Employee resumes the duties of the higher duties position on
their return from leave.
4.9 Travelling and Personal Expenses
Where ACMI requires an Employee in the course of their duties to undertake overseas
or domestic assignments which require the Employee to be absent overnight or part of
the day, the Employee will be eligible to receive reimbursement of actual travelling,
accommodation, meals and incidental expenses where the expense is considered
reasonable and does not exceed the relevant amounts set by the Australian Tax Office
as adjusted from time to time unless otherwise agreed. ACMI will apply the rulings of
the Commissioner of Taxation relating to reasonable allowances in determining the
maximum rates payable.
Employees must obtain prior approval from their manager before using their private
mobile or home phone, or private motor vehicle for business purposes. Employees will
be reimbursed for work-related calls in accordance with their plan. Reimbursement for
kilometres travelled will be at the rates determined by the Australian Tax Office from
time to time.
4.10 First Aid Allowance
Where an Employee, in addition to their normal duties, agrees to be appointed by the
Employer to perform first aid duties:
the Employee must hold a current first aid certificate or an equivalent
qualification; and
the Employee will be paid an annual allowance payable in fortnightly
instalments; and
this allowance will be as follows:
Date of Effect Amount per Annum
1 March 2020 $647
1 March 2021 $660
1 March 2022 $673
1 March 2023 $686
The Employer must reimburse any additional costs incurred by the Employee in obtaining
and maintaining the first aid qualification.
4.11 Uniform and Shoe allowance
4.11.1 Uniform Allowance
ACMI will pay to employees, who are required to wear and launder/clean a uniform an
allowance.
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Where ACMI provides a uniform, the Employee must ensure that it is worn and
presented in accordance with ACMI’s dress guidelines. Accidental damage must be
notified to ACMI who will arrange replacement or repair. Intentional damage must be
rectified at the Employee’s expense.
4.11.2 Shoe Allowance
ACMI will pay an eligible employee, who is required to wear and maintain specified
footwear, a shoe allowance.
On completion of the Probationary period of employment, an on-going eligible
employee, may elect to be paid a lump sum in lieu of receiving a daily/weekly shoe
allowance. This payment will be at a pro-rata rate for part-time Employees. Such a
payment will be made once during the period of the Agreement and an Employee may
not receive 2 lump sum payments within 12 months of each other.
These amounts will be increased in line with the pay increases during the life of the
Agreement.
20 March
2020
1 Dec
2020
1 Sept
2021
1 June
2022
1 March
2023
1 Dec
2023
Uniform
and Shoe
weekly
amount
$12.74 $12.90 $13.09 $13.25 $13.45 $13.59
Uniform
Day
$1.97 $2.00 $2.03 $2.05 $2.09 $2.11
Shoe Day $0.65 $0.65 $0.66 $0.67 $0.68 $0.69
Uniform
Week
$9.59 $9.71 $ 9.85 $9.98 $10.13 $10.23
Shoe
Week
$3.15 $3.19 $3.24 $3.28 $3.33 $3.36
Lump
sum
$316.03 $319.98 $324.78 $328.84 $333.77 $337.11
4.12 Payment of salaries
Salaries will be paid fortnightly on a Thursday by Electronic Funds Transfer into a
nominated bank account for all Employees. The pay will cover the fortnightly period
commencing on a Sunday and ending on the Saturday following the payday. Any
casual, overtime, on-call or penalty payments are processed in arrears. Where payday
falls on a public holiday, pay will be credited to the nominated account(s) one day
preceding that payday. A maximum of 3 accounts can be nominated.
In exceptional circumstances ACMI will make provision for off-line payment by cheque.
An Employee may authorise deductions from salary for forwarding to a third party.
Employees will be provided either in writing or electronically, with details of each pay
regarding the make-up of their remuneration and any deductions.
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In the event of a salary overpayment ACMI will advise the Employee. Where
agreement cannot be reached on a repayment arrangement, ACMI will recover the
overpayment by instalments to be paid in accordance with the Financial Management
Act 1994 as amended from time to time or any successor to that Act.
4.13 Supported Wage System
This schedule deals with the calculation of minimum rates of pay which will apply to
Employees who because of the effects of a disability are eligible for a supported wage
under the terms of this Agreement. In the context of this clause, the following
definitions will apply:
Supported wage system means the commonwealth government system to
promote employment for people who cannot work at full award wages because
of a disability, as documented in the Supported Wage System (SWS) Handbook.
Approved assessor means a person accredited by the management unit
established by the commonwealth under the supported wage system to perform
assessments of an individual's productive capacity within the supported wage
system.
Disability support pension means the commonwealth pension scheme to provide
income security for persons with a disability as provided under the Social Security
Act 1991 (Cth) or any successor to that scheme.
Assessment instrument means the tool provided for under the supported wage
system that records the assessment of the productive capacity of the person to
be employed under the supported wage system.
SWS wage assessment agreement means the document in the form required by
the Department of Social Services that records the employee’s productive
capacity and agreed wage rate.
4.13.1 Eligibility criteria
(a) Employees covered by this clause will be those who are unable to perform the
range of duties to the competence level required within the class of work for
which the Employee is engaged under this Agreement, because of the effects
of a disability on their productive capacity and who meet the impairment criteria
for receipt of a disability support pension.
(b) This clause does not apply to any existing Employee who has a claim against
the Employer which is subject to the provisions of accident compensation
legislation or any provision of this Agreement relating to the rehabilitation of
Employees who are injured in the course of their employment.
(c) This clause does not apply to the Employer in respect of their facility,
programme, undertaking, service or the like which receives funding under the
Disability Services Act 1986 (Cth) and fulfils the dual role of service provider
and sheltered Employer to people with disabilities who are in receipt of or are
eligible for a disability support pension, except with respect to an organisation
which has received recognition under s.10 or under s.12a of the Disability
Services Act 1986 (Cth), or if a part only has received recognition, that part.
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4.13.2 Supported wage rates
(a) Supported wage rates must be calculated as a percentage of the minimum rate
of pay prescribed by this Agreement for the class of work the person is
performing according to the following table:
Assessed
capacity
Percentage of prescribed
Agreement rate
10%* 10%
20% 20%
30% 30%
40% 40%
50% 50%
60% 60%
70% 70%
80% 80%
90% 90%
(b) Provided that the minimum amount payable to an Employee is not less than
$90.00 per week effective 1 July 2019. This rate will be adjusted by the
movement in the Special national minimum wage 2 as determined by the
annual National Minimum Wage Order.
(c) Where a person’s assessed capacity is 10 per cent, they shall receive a high
degree of assistance and support.
4.13.3 Assessment of capacity
(a) For the purpose of establishing the applicable percentage of the Agreement
rate to be paid to an Employee under this Agreement, the productive capacity of
the Employee will be assessed in accordance with the supported wage system
by an approved assessor, having consulted with the Employer and Employee,
and if the Employee so desires, a union which the Employee is eligible to join.
(b) All assessments made under this schedule must be documented in a SWS
wage assessment agreement and retained by the Employer as a time and
wages record in accordance with the Act.
4.13.4 Lodgement of assessment instrument
(a) All SWS wage assessment agreements under this Schedule, including the
applicable percentage of the Agreement Salary to be paid to the Employee,
must be lodged by the Employer with FWC.
(b) All SWS wage assessment agreements must be agreed and signed by the
Employee and Employer parties to the assessment.
4.13.5 Review of assessment
The assessment of the applicable percentage should be subject to annual review or
more frequent review on the basis of a reasonable request for such a review. The
process of review must be in accordance with the procedures for assessing capacity
under the supported wage system.
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4.13.6 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage shall apply to the
salary rate only. Employees covered by the provisions of the clause will be entitled to
the same terms and conditions of employment as all other Employees covered by this
Agreement paid on a pro rata basis.
4.13.7 Workplace adjustment
If the Employer wishes to employ a person under the provisions of this clause they
must take reasonable steps to make changes in the workplace to enhance the
Employee's capacity to do the job. Changes may involve re-design of job duties,
working time arrangements and work organisation in consultation with other Employees
in the area.
4.13.8 Trial period
(a) In order for an adequate assessment of the Employee's capacity to be made,
the Employer may employ a person under the provisions of this clause for a trial
period not exceeding twelve weeks, except that in some cases additional work
adjustment time (not exceeding four weeks) may be needed.
(b) During that trial period the assessment of the Employee’s capacity will be
undertaken and the applicable percentage of the Agreement rate for a
continuing employment relationship shall be determined.
(c) The minimum amount payable to the Employee during the trial period shall be
no less than $90 per week effective 1 July 2019. The rate will be adjusted by
the movement in the Special national minimum wage 2 as determined by the
annual National Minimum Wage Order.
(d) Work trials should include induction or training as appropriate to the job being
trialled.
(e) Where the Employer and Employee wish to establish a continuing employment
relationship following the completion of the trial period, a further contract of
employment shall be entered into based on the outcome of assessment under
clause 4.13.3 hereof.
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5 LEAVE
5.1 Annual Leave
A full time Employee is entitled to four weeks of paid annual leave for each year of
employment. Part-time Employees will be entitled to a pro-rata amount of annual leave
calculated on the basis of their annual full-time equivalent time worked at ordinary time.
The entitlement accrues on a daily basis.
Annual leave is accrued progressively throughout the year of service according to the
employee's ordinary hours of work, and accumulates from year to year.
By agreement between ACMI and an Employee, a period of annual leave may be taken
in advance of the entitlement accruing. If leave is taken in advance and the employment
terminates before the entitlement has accrued, ACMI may make a corresponding
deduction from any money due to the Employee on termination.
Annual leave may be taken on half pay providing that a minimum of 2 weeks’ leave is
taken at any one time, that is, a debit of one week’s leave for a 2 week absence without
any impact on other entitlements.
Where a public holiday(s) falls; which applies to ACMI Employees during a period of
annual leave; the public holiday will not be regarded as part of the annual leave.
Excessive leave accruals: general provision
NOTE: Clauses 5.1, 5.1.1 to 5.1.2 contain provisions, additional to the NES, about the
taking of paid annual leave as a way of dealing with the accrual of excessive paid
annual leave.
(a) An employee has an excessive leave accrual if the employee has accrued more
than 8 weeks’ paid annual leave.
(b) If an employee has an excessive leave accrual, the employer or the employee may
seek to confer with the other and genuinely try to reach agreement on how to reduce or
eliminate the excessive leave accrual.
(c) Clause 5.1.1 sets out how an employer may direct an employee who has an
excessive leave accrual to take paid annual leave.
(d) Clause 5.1.2 sets out how an employee who has an excessive leave accrual may
require an employer to grant paid annual leave requested by the employee.
5.1.1 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under
clause 5.1(b) but agreement is not reached (including because the employee refuses
to confer), the employer may direct the employee in writing to take one or more periods
of paid annual leave.
(b) However, a direction by the employer under clause 5.1.1(a):
(i) is of no effect if it would result at any time in the employee’s remaining
accrued entitlement to paid annual leave being less than 6 weeks when any
other paid annual leave arrangements (whether made under clause 5.1,
---
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5.1.1 or 5.1.2 or otherwise agreed by the employer and employee) are taken
into account; and
(ii) must not require the employee to take any period of paid annual leave of
less than one week; and
(iii) must not require the employee to take a period of paid annual leave
beginning less than 8 weeks, or more than 12 months, after the direction is
given; and
(iv) must not be inconsistent with any leave arrangement agreed by the
employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under
clause 5.1.1(a) that is in effect.
(d) An employee to whom a direction has been given under clause 5.1.1(a) may
request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 5.1.1(d) may
result in the direction ceasing to have effect. See clause 5.1.1(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to
agree to a request by the employee to take paid annual leave.
5.1.2 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under
clause 5.1(b) but agreement is not reached (including because the employer refuses to
confer), the employee may give a written notice to the employer requesting to take one
or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under
clause 5.1.2(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at
the time of giving the notice; and
(ii) the employee has not been given a direction under clause 5.1.1(a) that,
when any other paid annual leave arrangements (whether made under
clause 5.1, 5.1.1 or 5.1.2 or otherwise agreed by the employer and employee)
are taken into account, would eliminate the employee’s excessive leave
accrual.
(c) A notice given by an employee under clause 5.1.2(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid
annual leave being at any time less than 6 weeks when any other paid annual
leave arrangements (whether made under clause 5.1, 5.1.1 or 5.1.2 or
otherwise agreed by the employer and employee) are taken into account; or
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(ii) provide for the employee to take any period of paid annual leave of less than
one week; or
(iii) provide for the employee to take a period of paid annual leave beginning
less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and
employee.
(d) An employee is not entitled to request by a notice under clause 5.1.2(a) more than
4 weeks’ paid annual leave in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under
clause 5.1.2(a).
Every effort will be made to afford Employees the opportunity to access their annual
leave entitlements when requested.
5.1.3 Cashing out Annual Leave
Annual leave must not be cashed out except in accordance with this clause.
The Employer and an Employee may agree to the Employee cashing out a particular
amount of the Employee’s accrued annual leave provided that the following requirements
are met:
(a) the cashing out of a particular amount of accrued annual leave must be by
agreement between the Employer and the Employee which must:
(i) be in writing and retained as an Employee record; and
(ii) state the amount of accrued leave to be cashed out and the payment to
be made to the Employee; and
(iii) state the date on which the payment is to be made; and
(iv) be signed by the Employer and Employee and, if the Employee is under
18 years of age, the Employee’s parent or guardian.
(b) the Employee must be paid at least the full amount that would have been payable
to the Employee had the Employee taken the leave at the time that it is cashed
out;
(c) annual leave must not be cashed out if the cashing out would result in the
Employee’s remaining accrued entitlement to annual leave being less than four
weeks; and
(d) an Employee may only cash out annual leave on one occasion during the term
of this Agreement.
5.1.4 Annual Leave Loading
Employees are entitled to receive a leave loading payment in relation to every day of
annual leave taken. This loading will be paid at the rate of 17.5% of an Employee’s
salary at the time of taking the leave, including any allowances or other payments an
Employee would normally receive. The maximum allowance payable will not exceed an
amount calculated in respect of a salary at the top of Grade 4.
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5.1.5 Purchase of Additional Annual Leave
(a) An Employee may, with the agreement of the Employer, work less than 52 weeks
per year. Access to this entitlement may only be granted on application from an
Employee and cannot be required as a precondition for employment.
(b) An Employee can only make an application under this clause where the
Employee does not have an excessive annual leave accrual. An Employee has
an excessive annual leave accrual if the Employee has accrued more than eight
weeks paid annual leave.
(c) Where an Employee, with an excessive annual leave accrual, wishes to make an
application under this clause, the extent of the Employee’s excessive annual
leave accrual and any plans the Employee has to take some or all of their accrued
annual leave entitlements in conjunction with any approved purchased leave
arrangement, will be considered by the Employer in assessing the Employee’s
application for purchased leave.
(d) Where the Employer and an Employee agree on an employment arrangement
under clause 5.1.5(a), the annual salary applicable to an Employee relative to the
additional leave purchased will be as follows:
Table 1: Purchased Leave
Proportion of annual
salary applicable
under Schedule C
Number of additional
weeks of purchased leave
Total amount of leave
(purchased and annual
leave)
44/52 weeks Additional 8 weeks’ leave 12 weeks in total
45/52 weeks Additional 7 weeks’ leave 11 weeks in total
46/52 weeks Additional 6 weeks’ leave 10 weeks in total
47/52 weeks Additional 5 weeks’ leave 9 weeks in total
48/52 weeks Additional 4 weeks’ leave 8 weeks in total
49/52 weeks Additional 3 weeks’ leave 7 weeks in total
50/52 weeks Additional 2 weeks’ leave 6 weeks in total
51/52 weeks Additional 1 weeks’ leave 5 weeks in total
(a) The above does not preclude an Employee and the Employer from agreeing to a
similar type of arrangement that would provide an Employee with additional
converted leave of more than eight weeks.
(b) The Employee will receive a salary equal to the period worked (e.g. 46 weeks, 49
weeks) which will be spread over a 52 week period.
(c) The accrual of personal/carer’s leave and long service leave by the Employee
shall remain unchanged.
The Employer will endeavour to accommodate Employee requests for arrangements
under this clause subject to operational requirements. Where such requests are granted,
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the Employer will make proper arrangements to ensure that the workloads of other
Employees are not unduly affected and that excessive overtime is not required to be
performed by other Employees as a result of these arrangements.
An Employee may revert to ordinary 52 week employment by giving the Employer no
less than four weeks’ written notice. Where an Employee so reverts to 52 week
employment, appropriate pro rata salary adjustments will be made.
5.2 Public Holidays
(a) All Employees (except casual Employees) will be entitled to be absent from work
on the following Public Holidays without deduction of pay where the Public
Holiday occurs on a day the Employee would normally work:
(b) New Year’s Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday,
Christmas Day (25 December), Boxing Day, Australia Day, Anzac Day, Queen’s
Birthday, Labour Day, the Friday before the Australian Football League Grand
Final and Melbourne Cup Day.
5.2.1 Prescribed substitute and additional public holidays
(a) Christmas Day (25 December)
(i) When Christmas Day (25 December) is a Saturday an additional holiday will
be observed on the next Monday.
(ii) When Christmas Day (25 December) is a Sunday, an additional holiday will
be observed on the next Tuesday.
(b) Boxing Day
(i) When Boxing Day is a Saturday an additional holiday will be observed the
next Monday.
(ii) When Boxing Day is a Sunday, an additional holiday will be observed on the
next Tuesday.
(c) New Year’s Day
(i) When New Year’s Day is a Saturday or a Sunday, an additional holiday will
be observed on the next Monday.
(d) Australia Day
(i) When Australia Day is a Saturday or a Sunday, a holiday in lieu will be
observed on the next Monday.
5.2.2 Melbourne Cup Day Substitution
(a) If, a Public Holiday, is declared to apply to a non-metropolitan Council under
section 8A of the Public Holidays Act 1993 (Vic), that day or half day will be the
Public Holiday instead of Melbourne Cup Day.
(b) An Employee and Employer may agree to substitute the declared Public Holiday
in clause 0(a) for Melbourne Cup Day, in which case penalty rates for work on the
declared Public Holiday will not apply and the Employee will be able to absent
themselves from the workplace on Melbourne Cup Day without loss of pay.
(c) In the event there are insufficient substitution arrangements agreed under clause
0(b) to meet the Employer’s reasonable operational requirements, the Employer
may require an Employee whose workplace is in a non-metropolitan Council to
which a declared substitution Public Holiday applies, to work on the declared
Public Holiday. Employees required to work on the declared Public Holiday will
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be paid overtime or time in lieu in accordance with clause 4.2 (Overtime), unless
a substitution arrangement has been agreed under clause 5.2.4.
(d) In establishing the roster of Employees required to work on the declared Public
Holiday in lieu of Melbourne Cup, the Employer will consider both its reasonable
operational requirements and the personal circumstances of the Employees.
5.2.3 Additional or Substituted Public Holidays
Where in the whole or part of the State of Victoria, additional or substituted Public
Holidays are declared or prescribed on days other than those set out in clauses 5.2(a)
and 0, those days shall constitute additional or substituted holidays for the purpose of
this Agreement for Employees who have their place of principal employment in a
municipality to which the additional or substituted Public Holiday applies.
5.2.4 Substitution of Public Holiday
An Employee may by agreement with the Employer substitute another day for any
prescribed in this clause to observe religious or cultural occasions or like reasons of
significance to the Employee.
5.3 Personal/ Carer’s Leave
5.3.1 Definitions
In this clause:
Assistance Animal means an animal formally trained to assist a person with a
disability to alleviate the effect of their disability. This includes:
(a) a guide dog for people with vision impairment, or
(b) hearing dogs for people with hearing impairment, or
(c) assistance dogs for people with a physical disability, or
(d) medical alert animals that help people before and during a medical emergency,
or
(e) psychiatric service animals that help people with a mental illness, or
(f) any other animal agreed by the Employer or to which an Assistance Animal
Pass granted by the Department of Transport applies.
Assistance Animal does not include a pet, companion or therapy animals.
Registered Practitioner means one of the following: First Peoples health practitioner,
Chinese medicine practitioner, Chiropractor, Dental care practitioner, Medical
practitioner, Medical Radiation Practitioner, Nurse practitioner, Midwife, Occupational
Therapist, Optometrist, Osteopath, Pharmacist, Physiotherapist, Podiatrist,
Psychologist or any other profession registered under the Health Practitioner
Regulation National Law (Victoria) Act 2009.
5.3.2 Paid personal/carer’s leave
An Employee, other than a casual Employee, is entitled to paid personal/carer’s leave
when they are absent because of:
(a) personal illness or injury; or
(b) personal illness or injury of an Employee’s Immediate Family, household member
or Assistance Animal who requires the Employee's care or support; or
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(c) an unexpected emergency affecting an Employee’s Immediate Family,
household member or Assistance Animal, or
(d) attendance at a medical appointment with a Registered Practitioner, subject to
clause 5.3.6.
5.3.3 Amount and Accrual of Paid Personal/Carers Leave
(a) A full time Employee is entitled to paid personal/carer’s leave of 114 hours
(120 hours for Employees whose ordinary hours of duty average 80 hours per
fortnight).
(b) A part-time Employee is entitled to a pro-rata amount of paid personal/carer’s
leave based on the part-time Employee’s hours of work.
(c) The Employer will not apply the provisions of this clause in a manner which is
inconsistent with the NES.
(d) Leave will be credited on commencement of employment and subsequently on
the anniversary date of the Employee’s employment.
(e) Employees appointed for a fixed-term period will accrue on a pro-rata basis paid
personal/carer’s leave according to length of their service.
(f) Leave without pay will not count as service for personal/carer’s leave accrual
purposes.
(g) Unused paid personal/carer’s leave accumulates from year to year.
(h) Accrued personal/carer’s leave will not be paid out on termination of
employment.
5.3.4 Payment for Personal Carers Leave
The Employer will pay an Employee for Personal/Carers Leave they take at the ordinary
hourly rate of pay they would have received had they been at work.
Note: This means that a full time or part-time employee who takes one full day of
personal carers leave will be paid 7.6 hours. An employee who takes leave on a day
where they work more than 7.6 hours will be paid the hours they would have been paid
had they been at work. A part-time employee working less than the equivalent of a full-
time day will be paid for the hours they would have been paid had they been at work.
5.3.5 How leave is deducted from leave balance
(a) It is the intent of the Parties that full-time equivalent Employees receive 15 days
paid personal carers leave per annum irrespective of the length of their ordinary
hours of work or shift. Clause 5.3.5(b)(i) is intended to give effect to that intent
(b) From the date of the commencement of the Agreement:
(i) For full-time Employees and part-time Employees who work the
equivalent of a full-time day
The Employer will deduct leave from the Employee’s leave balance at a
nominal value of 7.6 hours for each day of Personal/Carer leave taken,
(or 8 hours for Employees whose ordinary hours of duty average 80
hours per fortnight), irrespective of the actual ordinary hours worked on
the day;
Where the Employee is absent on paid personal/carer’s leave for part of
a day, the following formula determines the number of hours the
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Employer will deduct from the Employee’s leave balance for that
absence:
𝑁𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 ℎ𝑜𝑢𝑟𝑠 𝑜𝑓 𝑝𝑒𝑟𝑠𝑜𝑛𝑎𝑙/𝑐𝑎𝑟𝑒𝑟𝑠 𝑙𝑒𝑎𝑣𝑒 𝑡𝑎𝑘𝑒𝑛
𝐸𝑚𝑝𝑙𝑜𝑦𝑒𝑒 𝑠 𝑜𝑟𝑑𝑖𝑛𝑎𝑟𝑦 ℎ𝑜𝑢𝑟𝑠 𝑜𝑓 𝑤𝑜𝑟𝑘 𝑜𝑛 𝑡ℎ𝑒 𝑑𝑎𝑦
× 7.6 (𝑜𝑟 8 ℎ𝑜𝑢𝑟𝑠)
(ii) For part-time employees who work less than the equivalent of a full-
time day
Part-time employees who work part-days which are less than the
relevant full-time equivalent shift will have their leave deducted by the
hours they would have worked on that day had they been at work.
5.3.6 Personal Leave for medical appointments
(a) An Employee may access their accrued Personal/Carer’s Leave to attend a
medical appointment with a Registered Practitioner when the appointment cannot
be reasonably scheduled outside the Employee’s working hours.
(b) The Employee must provide notice in accordance with clause 5.3.8 and evidence
in accordance with clause 5.3.95.1(a). Approval will not be unreasonably refused
having regard to the Employer’s operational requirements, the needs of the
Employee and the amount of notice provided by the Employee.
(c) Attendance at routine medical appointments may, by agreement with the
Employer, also be facilitated through flexible working arrangement (such as
agreement to make up the time taken to attend medical appointments) as an
alternative to using accrued Personal/Carers Leave.
5.3.7 Personal/Carer’s leave at half pay
(a) In exceptional circumstances, an Employee may be granted approval to convert
any or all of their accrued paid personal/carer’s leave entitlement to half pay for a
period equal to twice the period to which the Employee would otherwise be
entitled.
(b) Approval of half-pay personal/carer’s leave will only be granted in relation to an
absence of 4 weeks or more.
(c) To be eligible for personal/carer’s leave at half pay under this clause, the
Employee must comply with all notice and documentary evidence requirements
stipulated in this clause.
5.3.8 Notice
An Employee must give the Employer notice of the taking of personal/ carer’s leave
under this clause. The notice:
(a) must advise the Employer of the period, or expected period, of the leave; and
(b) must be given to the Employer as soon as practicable, which may be a time after
the personal/carer’s leave has started.
5.3.9 Evidence Requirements
(a) Personal leave
The Employee must provide the Employer with a medical certificate or evidence of
attendance at a medical appointment from a Registered Practitioner to be paid personal
leave.
(b) Carer’s leave
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(i) The Employee must provide the Employer with appropriate documentary
evidence to be paid carers leave.
(ii) The form of evidence required by the Employer will depend on the
circumstances of the carer’s leave request. This may include:
a medical certificate from a Registered Practitioner, or
evidence from a registered veterinary practitioner (in the case of
an Assistance Animal), or
a statutory declaration stating that the condition of the person or
Assistance Animal concerned requires the Employee’s care or
support, or
other relevant documentary evidence.
(iii) Additional evidentiary requirements for an Assistance Animal
The Employer may require the Employee to provide appropriate
documentary evidence that states the Assistance Animal is within
the definition of an Assistance Animal at clause 5.3.1.
The form of evidence may include an accreditation certificate,
proof of training or a statutory declaration stating the animal is an
Assistance Animal.
5.3.10 Exception
(a) In each year of employment, the following exceptions apply to the evidence
requirements in clause 5.3.9:
(i) An Employee may take up to an aggregate of 5 days or equivalent pro-rata
amount accrued personal/carer’s leave in each year of employment,
without having to provide the Employer with the documentary evidence
required by clause 5.3.9.
(ii) Despite clause 5.3.10(a)(i) an Employee must provide appropriate
evidence to the Employer as set out in clause 5.3.9 for any absence which
is for a continuous period exceeding 3 days.
(b) If an Employee cannot reasonably provide documentary evidence from a
Registered Practitioner for Personal Leave, the Employee may provide a
statutory declaration. The statutory declaration must state why the Employee was
unable to attend a Registered Practitioner and the reason why they were unable
to attend work. A statutory declaration can only be used for single day absences,
on no more than three non-consecutive occasions.
(c) Despite clause 5.3.10(a), the Employer may require that an Employee provide
appropriate documentary evidence in accordance with clause 5.3.9.
5.3.11 Further documentary evidence
(a) The Employer may require that an Employee provide a further medical certificate
from an independent Registered Practitioner from a relevant specialisation where
an Employee has been on personal leave for at least six weeks and has a
medical certificate indicating on-going need for personal leave. The Employee will
select a Registered Practitioner from a list of at least three Registered
Practitioners nominated by the Employer. The nominated Registered
Practitioners will not include a Registered Practitioner employed by the Employer
in the VPS. If it is not possible for the Employer to nominate three appropriately
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specialised Registered Practitioners, the Employer may provide fewer than three
Registered Practitioners for the Employee to select from.
(b) The Employer may require that an Employee provide further documentary
evidence to the satisfaction of the Employer where an Employee has been on
carer’s leave for at least two weeks including evidence stating that the condition
of the person concerned requires the continued care or support of the Employee.
5.3.12 Evidence to facilitate return to work
If the Employee has been on personal leave for at least six weeks the Employer may
request that the Employee obtain other documentary evidence from the Employee’s
treating Registered Practitioner for the purposes of determining when the Employee can
return to work and any reasonable adjustments that may be necessary in the workplace.
5.3.13 Employee’s incapacity to undertake duties
If the Employer has a genuine concern about an Employee’s capacity to undertake their
duties, the Employer may require that the Employee provide a medical report from an
independent Registered Practitioner from a relevant specialisation. The Employee will
select a Registered Practitioner from a list of at least three Registered Practitioners
nominated by the Employer. The nominated Registered Practitioners will not include a
Registered Practitioner employed by the Employer If it is not possible for the Employer
to nominate three appropriately specialised Registered Practitioners, the Employer may
provide fewer than three Registered Practitioners for the Employee to select from.
5.3.14 Failure to provide relevant evidence
Failure by the Employee to provide documentary evidence as required by the Employer
within a reasonable period of time may render the Employee ineligible for payment for
personal/carer’s leave.
5.3.15 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 in the place where the
Employee is based for work purposes, the Employee is taken not to be on paid
personal/carer’s leave on that Public Holiday.
5.3.16 Unpaid personal leave
An Employee who has exhausted all paid personal/carer’s leave entitlements may, take
unpaid personal leave with the consent of the Employer. The Employer will require that
the Employee provide documentary evidence to support the unpaid personal leave to
the satisfaction of the Employer.
5.3.17 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 5.3.2(a) or 5.3.2(c) providing the Employee complies with the
notice and evidence requirements outlined in clause 5.3.9(b). 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.
(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.
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(c) 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,
household or Assistance Animal who are sick and require care and support, or
who require care due to an unexpected emergency, or the birth of a Child.
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.
A casual Employee must comply with the notice and evidence requirements
outlined in this clause 5.3.
5.4 Compassionate Leave
5.4.1 Amount of compassionate leave
(a) An Employee, other than a casual Employee, is entitled to up to three days paid
compassionate leave on each occasion when a member of the Employee's
Immediate Family or a member of the Employee’s household:
(i) contracts or develops a personal illness that poses a serious threat to
their life; or
(ii) sustains a personal injury that poses a serious threat to their life; or
(iii) dies,
each of which constitutes a permissible occasion for the purposes of this clause.
(b) An Employee may take compassionate leave for a particular permissible
occasion if the leave is taken:
(i) to spend time with the member of the Employee’s Immediate Family or
household who has contracted or developed a personal illness or sustained
a personal injury referred to in clause 5.4.1(a); or
(ii) after the death of a member of the Employee’s Immediate Family or
household referred to in clause 5.4.1(a).
(c) An Employee is not required to take compassionate leave in respect of a
permissible occasion consecutively.
(d) Compassionate leave will not accrue from year to year and will not be paid out on
termination of the employment of the Employee.
5.4.2 Payment for Compassionate Leave (other than for casual Employees)
An Employee, other than a casual Employee, who takes paid compassionate leave, is
entitled to be paid at their Salary for ordinary hours of work in the period in which the
compassionate leave is taken.
5.4.3 Unpaid Compassionate Leave
(a) An Employee, including a casual Employee may take unpaid compassionate
leave by agreement with the Employer.
(b) In addition to the other provisions of this clause, Employees of First Peoples
descent may be granted paid and unpaid leave in relation to the death of a
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member of their Immediate Family or extended family in accordance with clause
5.7.4.
5.4.4 Notice and Evidence Requirements
(a) An Employee who is taking compassionate leave under this clause must give
notice to the Employer “as soon as practicable” (which may be at a time after the
compassionate leave has started) and must advise the Employer of the period, or
expected period, of the compassionate leave.
(b) An Employee must provide the Employer with satisfactory evidence to support
the taking of compassionate leave. Satisfactory evidence may include a medical
certificate from a Registered Practitioner (as that term is defined in clause 5.3.1,
a statutory declaration or other relevant documentary evidence to the reasonable
satisfaction of the Employer.
(c) The Employee is not entitled to compassionate leave under this clause unless the
Employee complies with the evidence and notice requirements set out in this
clause.
5.4.5 Other significant family or personal connections
An Employee may, at the discretion of the Employer, be granted compassionate leave
with or without pay when a person with a significant family or personal connection to
the Employee, but who is not a member of the Employee’s Immediate Family or
household, dies or sustains a personal illness or injury that poses a serious threat to
that person’s life.
5.5 Long Service Leave
5.5.1 Basic Entitlement and accrual
(a) Long service leave is paid leave accrued during Continuous Employment in
ACMI.
(b) Employees accrue long service leave based on the number of ordinary hours
worked. Part-time Employees accrue long service leave on a pro rata basis.
Casual Employees are entitled to accrue long service leave as provided for in this
clause.
(c) The basic entitlement for each 10 years’ full-time Continuous Employment is set
out in the table below.
Table 2: Long Service Leave Entitlements
Entitlement after 10 years
full time continuous
employment
Approximate leave
accrual per hour
Employee whose ordinary
hours of work average 76
hours per fortnight
495.6967 hours (3 months) 0.0250 hours per
hour
Employee whose ordinary
hours of work average 80
hours per fortnight
521.786 hours (3 months) 0.0263 hours per
hour
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5.5.2 When can Long Service Leave be accessed?
(a) An Employee is entitled to take long service leave on a pro-rata basis after seven
years of Continuous Employment, and at any time after that in accordance with
clause 5.5.3.
(b) An Employee with seven or more years of Continuous Employment is entitled to
be paid out any unused long service leave accrual on the date their employment
ends.
(c) Despite clause 5.5.35.1(b) an Employee with 4 or more years of Continuous
Employment is entitled to be paid out any unused long service leave accrual if:
(i) on account of age or ill health the Employee retires or is retired; or
(ii) the employment of the Employee is terminated for any reason except for
serious misconduct or resignation; or
(iii) the Employee dies.
5.5.3 Taking long service leave
(a) Long service leave will be taken at a time convenient to the needs of the
Employer and Employee.
(b) An Employee and Employer may agree that the whole or any part of their
entitlement is paid
(i) at the current time fraction they work, or
(ii) at a different time fraction to that currently worked.
(c) Long service leave may be taken for any period of not less than 1 day.
(d) A Public Holiday falling within a period of approved long service leave is not
regarded as part of the long service leave. An Employee is entitled to take and be
paid for a public holiday falling within a period of approved long service leave.
(e) On return from leave, the Employee will revert to the time fraction they worked
immediately prior to going on leave, unless otherwise agreed by the Employer
and the Employee.
5.5.4 Payment while on long service leave
(a) While on long service leave the Employer will continue to pay the Employee
using the same method and frequency as if the Employee was not on long
service leave.
(b) Payment to an Employee for or in lieu of long service leave includes:
(i) Salary, and
(ii) salary maintenance if the Employee is receiving salary maintenance; and
(iii) any additional payment payable for a temporary assignment where the
assignment has continued for a period of at least twelve months before
the commencement of the leave; and
(iv) any annual allowance payable to the Employee which the Employer
determines should be included, except excluding (if relevant):
any payment of overtime, commuted overtime or Shift Work
allowances; and
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any travelling or transport allowance; and
any allowance which is a reimbursement of an expenditure.
5.5.5 Periods of Continuous Employment in which long service leave accrues
Long service leave continues to accrue during the following absences from work:
(a) an absence on paid leave;
(b) from 1 January 2019, an absence after birth or adoption of a child (other than in
the case of a casual employee) on unpaid parental leave which, in combination
with any period of paid parental leave, totals 52 weeks or less;
(c) an absence of 52 weeks or less when the employee is in receipt of weekly
payments of compensation under the Workplace Injury Rehabilitation and
Compensation Act 2013 (Vic) or any predecessor;
(d) an absence of 52 weeks or less during which a pension under section 83A(1) of
State Superannuation Act 1988 (VIC) (or similar provision applying to Employees
of a declared authority) was paid; or
(e) an absence on unpaid leave up to 52 weeks
(f) an absence on unpaid leave over 52 weeks for which the Employer expressly
authorises long service leave to accrue.
5.5.6 Periods of Continuous Employment in which long service leave does not
accrue
(a) Long service leave does not accrue for the following periods:
(i) a gap between engagements of a Casual Employee of less than 3
months; or
(ii) an absence on unpaid leave, other than as provided for in clause 5.5.5; or
(iii) an absence from duty in excess of 12 months when the Employee was in
receipt of weekly payments of compensation under the Workplace Injury
Rehabilitation and Compensation Act 2013 (Vic) or any corresponding
previous enactment; or
(iv) a period of service which followed the date on which a pension under the
State Superannuation Act 1988 (Vic) (or similar provision applying to
Employees on the staff of a declared authority) became payable by
reason of retirement on the ground of disability.
(b) The periods at clause 5.5.6(a) do not break Continuous Employment, and may be
periods of recognised service for the purposes of long service leave.
5.5.7 Absences which break Continuous Employment
Continuous Employment will be broken by the following:
(a) any gap between engagements in Continuous Employment by a Casual
Employee of more than 3 months; or
(b) any absence from employment due to the dismissal of the Employee for
disciplinary reasons; or
(c) receipt of a Voluntary Departure Package from any Victorian Public Sector
employer; or
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(d) any gap or break in service or absence not provided for in clause 5.5.5 or clause
5.5.6 or clause 5.5.8.
5.5.8 Previous employment which counts towards Continuous Employment
(a) Service in previous employment in the VPS or any employer referred to in clause
5.5.9 counts towards Continuous Employment where the service concluded
within 12 months of the commencement or re-commencement of employment in
the VPS.
(b) Despite clause 5.5.8(a), service in previous employment in the VPS or with any
employer referred to in clause 5.5.9 counts towards Continuous Employment
where:
(i) the service concluded within three years of retirement occasioned by
disability, or
(ii) the service concluded within two years of the commencement of
employment in the VPS and the Employer considers special
circumstances exist.
(c) An Employee is not entitled to long service leave (or payment for long service
leave):
(i) for a period of service for which the Employee was entitled to receive long
service leave (or payment for long service leave) from a different employer
or for previous employment; or
(ii) where the Employee has received long service leave (or a payment in
respect of long service leave) from a different employer or for previous
employment.
(d) Clause 5.5.8(c) does not apply if funds have been transferred to the Employer to
cover long service leave.
(e) Clauses 5.5.6 and 5.5.7 apply to service in previous employment.
5.5.9 Service with other employers that counts towards Continuous
Employment
(a) The following service will be recognised as Continuous Employment in the VPS
for the purposes of long service leave:
(i) any service with a State, Commonwealth or Territory of Australia
Government Department or Public Service authority; or
(ii) any service with a public entity under the PAA; or
(iii) any service with a local government authority that is established by or
under a law of Victoria.
(b) In addition, the Employer may recognise service with
(i) a public sector authority; or
(ii) a local governing authority of the Commonwealth, a State other than
Victoria or a Territory of Australia
(c) For the purposes of clause 5.5.9(a) and 5.1(b)authority means an authority,
whether incorporated or not, that is constituted:
(i) by or under a law of a State, the Commonwealth or a Territory of Australia;
and
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(ii) for a public purpose.
(d) Where an Employee believes they have service with other employers which
should be counted towards Continuous Employment, the Employee should make
application to the Employer seeking this service be counted towards the
Employee’s period of Continuous Employment within six months of an
Employee’s starting date in the VPS. The Employer will take reasonable steps
within this period to ascertain from the Employee whether the Employee has prior
service.
(e) Clauses 5.5.6, 5.5.7 and 5.5.8 apply to service in previous employment.
5.6 Accident make-up pay
(a) Where an Employee is absent from duty as a result of sustaining an injury in
respect of which the Employee is entitled to weekly payments of compensation
under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), the
Employee will, except where otherwise provided in clause 5.6Error! Reference
source not found. below, be entitled to accident make-up pay equivalent to their
normal Salary less the amount of weekly compensation payments.
(b) Payment – maximum entitlement
(i) 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 (2088 hours
for Employees whose ordinary hours of duty average 80 hours per
fortnight), unless employment ceases.
(ii) 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
(2088 hours for Employees whose ordinary hours of duty average 80
hours per fortnight) or when employment ceases or when the benefits
payable under the Workplace Injury Rehabilitation and Compensation Act
2013 (Vic)cease.
(iii) The Employer may grant the Employee leave without pay where an
entitlement to accident make-up pay has ended.
(c) 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.
(d) For an injury prior to the proclamation of the Workplace Injury Rehabilitation and
Compensation Act 2013 (Vic), a reference to that Act shall be deemed to be a
reference to the Accident Compensation Act 1985 (Vic).
5.7 Cultural and ceremonial leave
5.7.1 NAIDOC Week Leave
(a) An Employee of First Peoples descent is entitled to one day of paid leave per
calendar year to participate in National Aboriginal and Islander Day Observance
Committee (NAIDOC) week activities and events.
(b) NAIDOC week leave will not accrue from year to year and will not be paid out on
termination of the employment of the Employee.
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5.7.2 Leave to attend Aboriginal community meetings
The Employer may approve attendance during working hours by an Employee of First
Peoples descent at any Aboriginal community meetings, except the Annual General
Meetings of Aboriginal community organisations at which the election of office bearers
will occur.
5.7.3 Leave to attend Annual General Meetings of Aboriginal community
organisations
The Employer may grant an Employee of First Peoples descent accrued annual or other
leave to attend Annual General Meetings of Aboriginal community organisations at which
the election of office bearers will occur.
5.7.4 Ceremonial leave
(a) Ceremonial leave will be granted to an Employee of First Peoples descent for
ceremonial purposes:
(i) connected with the death of a member of the Immediate Family or extended
family (provided that no Employee shall have an existing entitlement
reduced as a result of this clause); or
(ii) for other ceremonial obligations under First Peoples lore.
(b) Where ceremonial leave is taken for the purposes outlined in clause 5.7.4(a), up
to three days in each year of employment will be with pay. Paid ceremonial leave
will not accrue from year to year and will not be paid out on termination of the
employment of the Employee.
(c) Ceremonial leave granted under this clause 5.7.4 is in addition to compassionate
leave granted under clause 5.4.
5.7.5 Leave to participate in the First Peoples’ Assembly of Victoria
An Employee who is a member of the First Peoples’ Assembly of Victoria is entitled
to up to 10 days paid leave per calendar year to fulfil their official functions during
their term of office.
Leave will be available to attend sessions of the First Peoples’ Assembly of
Victoria, participate in constituent consultation relevant to their role or for any other
ancillary purpose as agreed with the Employer.
Where in any calendar year an Employee exhausts their entitlement under this
clause the Employer may grant further paid or unpaid leave, under clause 5.15
(Other Leave), to support the Employee’s representative functions.
The Employee may also utilise flexible working arrangements, in addition to leave
provided in this clause, to help support their representative functions, with the
agreement of the Employer.
Leave under this clause will not accrue from year to year and cannot be cashed
out on termination of employment.
5.8 Leave To Engage In Emergency Management Activities
An Employee who engages in a voluntary emergency management activity with a
recognised emergency management body that requires the attendance of the Employee
at a time when the Employee would otherwise be required to be at work is entitled to
leave with pay for:
(a) time when the Employee engages in the activity; and
(a)
(b)
(c)
(d)
(e)
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(b) reasonable travelling time associated with the activity; and
(c) reasonable rest time immediately following the activity.
The Employee must advise the Employer as soon as reasonably practicable if the
Employee is required to attend a voluntary emergency management activity and must
advise the Employer of the expected or likely duration of the Employee’s attendance.
The Employee must provide a certificate of attendance or other evidence of attendance
as reasonably requested by the Employer.
Recognised emergency management bodies include but are not limited to, the Country
Fire Authority, Red Cross, State Emergency Service and St John Ambulance.
An Employee who is required to attain qualifications or to requalify to perform activities
in an emergency management body must be granted leave with pay for the period of
time required to fulfil the requirements of the training course pertaining to those
qualifications, provided that such training can be undertaken without unduly affecting the
operations of the Employer.
5.9 Leave for blood donations
Leave may be granted to an Employee without loss of pay to visit the Red Cross Blood
Bank as a donor once every twelve weeks.
5.10 Jury service
An Employee required to attend for jury service under the Juries Act 2000 (Vic) is entitled
to leave with pay for the period during which their attendance is required. The Employee
must provide a certificate of attendance issued by the Juries Commissioner as evidence
of attendance.
Any payment made to the Employee in accordance with the Juries Act 2000 (Vic) for
serving as a juror during their ordinary hours of work must be repaid to the Employer,
less an amount for reasonable expenses actually incurred.
5.11 Defence force leave
An Employee required to complete Defence Reserve service may be granted leave up
to a maximum period of 78 weeks’ continuous service.
The Employee will consult with the Employer regarding the proposed timing of the
service. Applications for leave under this clause must be made with as much notice as
is possible and be accompanied by evidence supporting the call to duty or reason for the
service.
Where the base salary excluding allowances received by the Employee from the
Australian Defence Force or Defence Reserve service during their ordinary hours of work
is below the Employee’s VPS Salary, the Employer will, unless exceptional
circumstances arise, pay to the Employee make-up pay for the period of Defence
Reserve service.
5.11.1 Preservation of prior entitlement
For Employees in employment prior to 9 May 2002, any more favourable provision
relating to their previous entitlement to Defence Force leave is maintained.
5.12 Leave to engage in Voluntary Community activities
An Employee is entitled to leave with pay of up to 10 days, per calendar year, to fulfil
official functions during their term of office as an elected member of:
(a) a Local Government Council or
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(b) a committee of management of a not-for-profit community organisation which
operates under a formal legal structure subject to applicable State of Federal
legislation.
Leave will be subject to Employer’s operational needs.
Leave will be available for any of the following purposes:
(a) To enable the Employee to attend any training program required to meet grant,
funding or governance obligations, or
(b) Participate in a community event as part of their role with the organisation, or
(c) Participate in consultation relevant to their role in the organisation, or
(d) Any other purpose agreed with the Employer.
Leave will not accrue from year to year and cannot be cashed out on termination of
employment.
5.13 Training and Development
ACMI may provide an Employee leave with or without pay to attend an approved
training course.
Where approved training is undertaken outside of working hours ACMI will pay
overtime or grant time off in lieu in accordance with clause 4.2 of this Agreement for
attendance at a training course.
ACMI may pay or reimburse reasonable costs incurred in connection with the
undertaking of training, such as training/course fees (where applicable),
accommodation and travel costs. ACMI will reimburse costs upon receipt of evidence
of such expenditure.
Travel costs incurred by an Employee undertaking training in accordance with this
clause, which exceed those normally incurred in travelling to and from work, will be
reimbursed upon receipt of evidence of such expenditure.
5.14 Study leave
(a) The Employer acknowledges that learning and development benefits both the
Employee and Employer.
(b) The Employer may grant to any Employee paid leave to undertake an accredited
course of study provided by an educational institution or registered training
organisation.
(c) The Employer may grant any Employee time off without loss of pay under this
clause for professional development including Continuing Professional
Development (CPD), short courses, micro-credentialing or other training.
(d) In determining whether to grant study leave, the Employer will consider matters
such as the relevance of the proposed study to the Employee’s employment, the
development of the Employee’s capability and skills, alignment to organisational
goals and the reasonable operational requirements of the Employer.
(e) The Employer may grant an Employee, the following leave entitlements:
(i) paid leave to enable travel to and attendance of up to seven hours of
classroom activity or related project work per week, and
(ii) up to five days paid leave per annum to:
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prepare for and attend examinations associated with the course of
study, or
finish major project work required to complete an accredited course
of study, professional development, short course, micro-
credentialing or other training.
(f) The Employer may grant additional leave with or without pay as considered
necessary.
(g) Part-time Employees may be granted Study Leave on a pro-rata basis calculated
on the number of ordinary hours worked.
(h) In determining the amount of any leave to be granted under clause (b), the
Employer will have regard to the course requirements, the Employer’s operational
requirements and the development of the Employee.
(i) Where an Employee undertakes an accredited course of study professional
development, short course, micro-credentialing or other training, the Employee
may be expected to complete some of the course requirements in their own time.
(j) The paid leave provided for in clause 5.14(e)(i) may be used weekly or, with the
approval of the Employer, banked to support attendance at intensive courses.
Study leave will not accrue from year to year and will not be paid out on
termination.
5.15 Other Leave
An Employee may be granted leave with or without pay by the Employer for any purpose.
Leave under this clause may be granted for purposes including:
(a) cultural and religious purposes; or
(b) activities inherently associated with an Employee’s disability not already provided
for by specific leave entitlements under this Agreement or otherwise agreed with
the Employer; or
(c) paid family violence leave for casual employees.
Unless otherwise provided for in this Agreement, leave without pay shall not break the
Employee’s continuity of employment but leave without pay will not count as service for
leave accrual or other purposes.
5.16 Leave of absence
ACMI has the discretion to grant additional leave to an Employee, on terms and
conditions as ACMI sees fit, for other reasons not specifically provided for in this
Agreement; for example, to attend to urgent personal or family affairs, or leave to
participate in state or national sporting teams or to allow Employees to undertake a
work placement or other development activity with a public or private sector
organisation where ACMI considers that this would be in the interest of ACMI. This
leave may be with or without pay.
Employees who have been with ACMI for at least two years continuously may apply for
leave without pay for extended periods of up to one year. Leave without pay for an
extended period may include leave for Employees who have chosen to travel, spend
time focusing on family responsibilities, work with a charity or other voluntary
organisation, take a secondment (in the interests of ACMI and the Employee) or simply
take ‘time out’.
It is expected that leave without pay will not be taken repeatedly.
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Leave without pay will not break an Employee’s continuity of employment but it will not
count as service for leave accrual or other purposes, except for long service leave
which is provided for in accordance with the Long Service Leave Act 2018 (Vic) (Act).
5.17 Parental Leave
Eligible Employees are entitled to parental leave under this clause if the leave is
associated with:
(a) 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
(b) the Employee has or will have a responsibility for the care of the Child.
(c) An Employee currently on parental leave (excluding an Employee on Extended
Family Leave under clause 5.17.32 is not required to return to work in order to
access a further period of parental leave under this clause.
5.17.1 Definitions
For the purposes of this clause:
(a) Eligible Employee means:
(i) a full time or part-time Employee, whether employed on an ongoing or
fixed term basis, or
(ii) a Long Term Casual Employee who has, but for accessing parental leave
under this clause, a reasonable expectation of continuing employment by
the Employer on a regular and systematic basis.
(b) Continuous Service is work for the Employer on a regular and systematic basis
(including any period of authorised leave) and any period of Recognised Prior
Service (as defined in clause 5.17.1(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:
o who is, or will be, under 16 as at the day of placement, or the
expected day of placement;
o 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
o 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.
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(f) Spouse includes a de facto spouse, former spouse or former de facto spouse.
The Employee’s de facto spouse means a person who lives with the Employee
as husband, wife or same sex partner on a bona fide domestic basis, whether or
not legally married to the Employee.
(g) Recognised Prior Service means any service immediately prior to the
Employee’s employment with the Employer, where the Employee was employed:
(i) by a public entity under the PAA;
(ii) under Part 6 of the PAA; or
(iii) as a parliamentary officer or electorate officer under the Parliamentary
Administration Act 2005 (Vic);
5.17.2 Summary of Parental Leave Entitlements
The entitlements summarised in the table below apply to a period of Parental Leave
commencing from the date the Agreement comes into effect.
Table 3: Parental Leave Entitlements (commencing from the date the Agreement
comes into effect)
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
Pre-adoption leave
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Paid leave Unpaid leave Total
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
5.17.3 Parental Leave – Primary Caregiver
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:
(a) 16 weeks paid parental leave; and
(b) up to 36 weeks unpaid parental leave.
(c) 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.
(d) Only one parent can receive Primary Caregiver parental leave entitlements in
respect to the birth or adoption of their Child. An Employee cannot receive
Primary Caregiver parental leave entitlements:
(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.
5.17.4 Parental Leave – Secondary Caregiver
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:
(a) 4 weeks paid parental leave; and
(b) 12 weeks Additional paid Secondary Caregiver parental leave, subject to the
conditions in clause 5.17.5, and
(c) unpaid parental leave to bring the total available paid and unpaid leave to 52
weeks.
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
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Child, or a Long Term Casual Employee is entitled to up to 52 weeks unpaid parental
leave.
Only one parent can receive Secondary Caregiver parental leave entitlements in
respect to the birth or adoption of their Child.
An Employee cannot receive Secondary Caregiver parental leave entitlements where
the Employee has received Primary Caregiver parental leave entitlements in relation to
their Child.
5.17.5 Additional paid leave for Secondary Caregiver
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:
(a) the Secondary Caregiver assumes primary responsibility for the care of a child,
by meeting the Child's physical needs more than anyone else; and
(b) 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.
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.
5.17.6 Pre-Natal Leave
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.
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.
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.
The Employer should be flexible enough to allow the Employee the ability to leave work
and return on the same day.
Paid pre-natal leave is not available to casual Employees.
5.17.7 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.
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(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.
5.17.8 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.
5.17.9 Grandparent Leave
An Employee, who is or will be the Primary Caregiver of a grandchild, is entitled to a
period of up to 52 weeks’ continuous unpaid grandparent leave in respect of the birth or
adoption of the grandchild of the Employee.
5.17.10 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 5.18.
5.17.11 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 5.17.135.1(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.
5.17.12 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 5.3.
5.17.13 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.
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(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.
5.17.14 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 5.3;
(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 5.17.2 and
thereafter, to unpaid special maternity leave.
5.17.15 Notice and evidence requirements
(a) An Employee must give at least 10 weeks written notice of the intention to take
parental leave, and if it is not practicable, as soon as practicable (which may be a
time after the leave has started), 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
5.17.15(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.
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(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.
5.17.16 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 5.17.55.17.5, the additional leave
will commence on the date the Employee takes on primary responsibility for the
care of a Child.
(c) The Employer and Employee may agree to alternative arrangements regarding
the commencement of parental leave.
(d) The period of parental leave for the purpose of calculating an Employee’s
maximum entitlement to paid and unpaid parental leave will commence from the
date parental leave 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.
5.17.17 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 5.17.2 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 5.17.225.1(b)(i), within the first 78 weeks where clause 5.17.5 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.
5.17.18 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
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amount of leave not exceeding 52 weeks or a longer period as agreed under clause
5.17.225.1(b)(i).
5.17.19 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.
5.17.20 Effect of unpaid parental leave on an Employee’s continuity of
employment
Other than provided for in clause 5.5 (Long Service Leave), unpaid parental leave under
clauses 5.17.3, 5.17.4, 5.17.22 and 5.17.28 shall not break an Employee’s continuity of
employment but it will not count as service for leave accrual or other purposes.
5.17.21 Keeping in touch days
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.
Keeping in touch days must be agreed and be in accordance with section 79A of the
FW Act.
5.17.22 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 5.17.3 or 5.17.4, 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 5.17.3 or 5.17.4 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.
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(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.
5.17.23 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 5.17.3 or 5.17.4 will
reduce by the period of any extension taken by a member of the couple under
clause 5.17.22.
5.17.24 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 at ACMI.
(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 5.17.29(c).
(d) For the purposes of clause 5.17.24(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
5.17.24(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.
5.17.25 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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5.17.26 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 4.7 (Superannuation).
5.17.27 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 3.4 (Performance Development
Progression).
5.17.28 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.
5.17.29 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 5.17.29(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
5.17.135.17.13, the Employee will be entitled to return to the position they
held immediately before such transfer.
(iii) Where such position no longer exists but there are other positions available
which the Employee is qualified for and is capable of performing, the
Employee will be entitled to a position as nearly comparable in status and
pay to that of their former position.
(c) Returning to work at a reduced time fraction
(i) To assist an Employee in reconciling work and parental responsibilities, an
Employee may request to return to work at a reduced time-fraction until
their Child reaches school age, after which the Employee will resume their
substantive time-fraction.
(ii) Where an Employee wishes to make a request under clause 5.17.29(c)(i)
such a request must be made as soon as possible but no less than seven
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weeks prior to the date upon which the Employee is due to return to work
from parental leave.
5.17.30 Lactation breaks
(a) Employees cannot be discriminated against for breastfeeding or chest feeding or
expressing milk in the workplace.
(b) An Employee who wishes to continue breastfeeding or chest feeding 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.
5.17.31 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
5.17.32(a).
5.17.32 Extended Family Leave
(a) An Employee who is the Primary Caregiver and has exhausted all parental
leave entitlements may apply for unpaid Extended Family Leave as a
continuous extension to their parental leave taken in accordance with this
clause. The total amount of leave, inclusive of parental leave taken in
accordance with this clause cannot exceed seven years from the
commencement date of parental leave.
(b) The Employee must make an application for Extended Family Leave each year.
(c) An Employee will not be entitled to paid parental leave whilst on Extended
Family leave.
(d) Upon return to work the Employer may reallocate the Employee to other duties.
5.17.33 Replacement Employees
(a) A replacement Employee is an Employee specifically engaged or temporarily
acting on higher duties or transferred, as a result of an Employee proceeding on
parental leave.
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(b) Before the Employer engages a replacement Employee the Employer must
inform that person of the temporary nature of the employment and of the rights
of the Employee who is being replaced.
(c) The limitation in clause 3.1.2 on the use of fixed term employment to replace
the Employee does not apply in this case.
5.17.34 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.
5.18 Surrogacy Leave
5.18.1 Entitlement to Leave
An Employee (excluding a Casual Employee) who has completed at least three months
paid Continuous Service, who enters into a formal surrogacy arrangement on or after 1
July 2020, which complies with Part 4 of the Assisted Reproductive Treatment Act 2008
(Vic), as the surrogate, is entitled to access the following leave entitlements:
(a) Pre-Natal leave in accordance with clause 5.17.6 of the Agreement, and
(b) six weeks of paid leave
5.18.2 Continuing to work while pregnant
A pregnant employee acting as the surrogate as part of a formal surrogacy arrangement
wanting to work during the six weeks before the birth may be asked to provide a medical
certificate stating they are fit for work and whether there are any risks in connection to
their duties.
An Employee who fails to provide a requested medical certificate within seven days or
provides one which states they are unfit for work may be required to commence
surrogacy leave.
5.18.3 Transfer to safe job
If an Employee provides a medical certificate stating they are fit for work but it is
inadvisable for the Employee to continue in their present duties because of risks or illness
the Employee is entitled to be transferred to an appropriate safe job that has the same,
or other agreed ordinary hours of work with no other changes to the Employee’s terms
and conditions.
If no appropriate safe job is available the Employee is entitled to take paid or unpaid (if
not eligible for parental leave) ‘No Safe Job Leave’.
5.18.4 Commencement of Surrogacy Leave
An Employee who is pregnant as a result of acting as a surrogate may commence paid
Surrogacy Leave at any time within 6 weeks prior to the expected date of birth of the
Child. Otherwise the period of parental leave must commence no later than the date of
birth of the Child, unless agreed with the Employer.
Unless otherwise agreed, any entitlement to paid surrogacy leave will be paid from the
date of commencement of Surrogacy Leave.
5.18.5 Surrogacy Leave and other entitlements
An Employee may access, in conjunction with Surrogacy Leave, any other paid or unpaid
entitlements available under this Agreement with the approval of the Employer.
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5.18.6 Personal/Carer’s Leave
A pregnant Employee, not then on Surrogacy Leave, who is suffering from an illness
whether related or not to the pregnancy, may take any paid and/or unpaid
personal/carer’s leave in accordance with clause 5.3.
5.18.7 Special Surrogacy 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 5.3;
(b) where the pregnancy terminates after the completion of 20 weeks, during the
certified period/s the Employee is entitled to paid special surrogacy leave not
exceeding the amount of paid surrogacy leave available under this clause 5.18.1.
5.18.8 Public holidays during a period of paid surrogacy leave
Where a Public Holiday occurs during a period of paid surrogacy leave, the Public
Holiday is not to be regarded as part of the paid surrogacy leave and the Employer will
grant the Employee a day off in lieu, to be taken by the Employee immediately following
the period of paid surrogacy leave.
5.18.9 Notice and Evidentiary Requirements
An Employee must provide 10 weeks’ written notice to the Employer of their intention to
take Surrogacy Leave. The notification should include a Statutory Declaration which
specifies:
(a) the intended start and end dates of the leave, and
(b) if known, any other leave the Employee seeks approval to take in conjunction
with their Surrogacy Leave, and
(c) for the period of surrogacy leave the Employee will not engage in any conduct
inconsistent with their contract of employment.
(d) The Employer may also require the Employee to provide documentary evidence
confirming:
(i) the expected date of birth of the Child, and
(ii) the formal surrogacy arrangement, which complies with Part 4 of the
Assisted Reproductive Treatment Act 2008 (Vic).
(e) The Employee must confirm these details at least 4 weeks prior to the
commencement of the proposed period of Surrogacy leave.
5.19 Foster and Kinship Care Leave
An Employee who provides short-term foster or kinship care as the primary caregiver to
a Child who cannot live with their parents as a result of an eligible child protection
intervention is entitled to up to two days paid leave on up to five occasions per calendar
year to be taken at the time the placement of the child with the Employee commences.
For the purposes of this clause Foster and Kinship Care includes:
(a) Foster Caring, which is the temporary care of a child of up to 18 years of age on
a short-term basis by an Employee who is an accredited foster carer.
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(b) Kinship Care, which is temporary care provided by an Employee who is a relative
or a member of the child's social network when the child cannot live with their
parents.
(c) Aboriginal Kinship Care, which is temporary care provided by an Employee who
is a relative or friend of an Aboriginal child who cannot live with their parents,
where Aboriginal family and community and Aboriginal culture are valued as
central to the child’s safety, stability and development.
Eligible child protection interventions include emergency respite and short-term or long-
term placements on a non-permanent basis, as issued by the Victorian Department of
Health and Human Services, the Children’s Court or other similar federal, state or judicial
authority.
Subject to the approval of the Employer, the paid leave provided in this clause may be
used in conjunction with any other paid or unpaid leave entitlements the Employee may
be eligible for under this Agreement.
In the case of foster carers, one occasion totalling up to two days duration may be used
for accreditation purposes, including attending compulsory interviews or training.
The Employer may require the Employee to provide reasonable evidence to satisfy
themselves of the Employee’s entitlement to leave under this provision.
5.20 Leave to attend Rehabilitation Programs for Alcohol, Drug or Problem
Gambling
(a) 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:
(i) the Employee’s work performance is adversely affected by the misuse of
drugs or alcohol or problem gambling;
(ii) the Employee is prepared to undertake a course of treatment designed
for the rehabilitation of persons with alcohol, drug or gambling related
problems; and
(iii) in the case of an alcohol or drug addiction, a Registered Practitioner has
certified that in their opinion the Employee is in need of assistance
because of their misuse of alcohol or drugs and that the Employee is
suitable for an approved rehabilitation program; or
(iv) in the case of problem gambling the Employee satisfies the eligibility
criteria for entry into an approved problem gambling rehabilitation
program.
(b) On production of proof of attendance at an approved rehabilitation program in
accordance with clause 5.20(a), an Employee may be granted leave as follows:
(i) An Employee who has completed two years’ continuous or aggregate
service and who has exhausted all other accrued leave entitlements may
be granted leave with pay up to the maximum number of days specified
below:
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Table 4: Leave to attend rehabilitation programs
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
(ii) 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.
(c) For the purpose of this clause, Registered Practitioner has the same meaning as
set out in clause 5.3.1.
5.21 Family Violence Leave
5.21.1 General Principles
(a) The Employer recognises that Employees sometimes face situations of violence
or abuse in their personal life that may affect their attendance or performance at
work. Therefore, the Employer is committed to providing support to Employees
that experience family violence.
(b) Leave for family violence purposes is available to Employees who are
experiencing family violence, and also to allow them to be absent from the
workplace to attend counselling appointments, legal proceedings and other
activities related to, and as a consequence of, family violence.
(c) The supports and paid or unpaid leave provided under this clause do not extend
to perpetrators (or alleged perpetrators) of family violence.
5.21.2 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).
5.21.3 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. The Employer may use their discretion to grant paid leave to a casual
Employee experiencing family violence under clause 5.15 (Other Leave) of the
Agreement on a case-by-case basis.
5.21.4 General Measures
(a) Evidence of family violence may be required and can be in the form of an
agreed document issued by the Police Service, a Court, a registered health
practitioner, a Family Violence Support Service, district nurse, maternal and
health care nurse or Lawyer. A signed statutory declaration can also be offered
as evidence.
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(b) All personal information concerning family violence will be kept confidential in
line with the Employer’s policies and relevant legislation. No information will be
kept on an Employee’s personnel file without their express written permission.
(c) No adverse action will be taken against an Employee if their attendance or
performance at work suffers as a result of experiencing family violence.
(d) The Employer will identify contact/s within the workplace who will be trained in
family violence and associated privacy issues. The Employer will advertise the
name of any Family Violence contacts within the workplace.
(e) An Employee experiencing family violence may raise the issue with their
immediate supervisor, Family Violence contacts, union delegate or nominated
Human Resources contact. The immediate supervisor may seek advice from
Human Resources if the Employee chooses not to see the Human Resources
or Family Violence contact.
(f) Where requested by an Employee, the Human Resources contact will liaise
with the Employee’s manager on the Employee’s behalf, and will make a
recommendation on the most appropriate form of support to provide in
accordance with clause 5.21.5 and clause 5.21.6.
(g) The Employer will develop guidelines to supplement this clause and which
details the appropriate action to be taken in the event that an Employee reports
family violence.
5.21.5 Leave
(a) An Employee experiencing family violence will have access to up to 20 days per
calendar year of paid special leave following an event of family violence and for
related purposes such as medical appointments, legal proceedings and other
activities related to family violence (this leave is not cumulative but if the leave
is exhausted consideration will be given to providing additional leave). This
leave will be in addition to existing leave entitlements and may be taken as
consecutive or single days or as a fraction of a day and can be taken without
prior approval.
(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 5.21.4(a) from an Employee seeking to utilise their personal/carer’s
leave entitlement.
5.21.6 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; or
(ii) temporary or ongoing job redesign or changes to duties; or
(iii) temporary or ongoing relocation to suitable employment; or
(iv) a change to their telephone number or email address to avoid harassing
contact; or
(v) any other appropriate measure including those available under existing
provisions for family friendly and flexible work arrangements.
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(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.
5.22 Gender Transition Leave
(a) The Employer encourages a culture that is supportive of transgender and gender
diverse Employees and recognises the importance of providing a safe
environment for Employees undertaking gender transition.
(b) Gender Transition refers to the process where a transgender Employee
commences living as a member of another gender. This is sometimes referred to
‘affirming’ their gender. This may occur through medical, social or legal changes.
(c) Employees may give effect to their transition in a number of ways and are not
required to be undergoing specific types of changes, such as surgery, to access
leave under this clause.
5.22.1 Amount of gender transition leave
An Employee (other than a Casual Employee) who commences living as a member of
another gender is entitled Gender Transition Leave for the purpose of supporting the
Employee’s transition. Gender Transition Leave will comprise:
(a) up to 4 weeks (20 days) paid leave for essential and necessary gender affirmation
procedures, and
(b) up to 48 weeks of unpaid leave.
(c) The Gender Transition Leave entitlements outlined in clause 5.22.1(a) and
5.22.1(b) are available to be taken by the Employee within the first 52 weeks after
they commence living as a member of another gender.
(d) Essential gender affirmation procedures may include:
(i) medical or psychological appointments, or
(ii) hormonal appointments, or
(iii) surgery and associated appointments, or
(iv) appointments to alter the Employee’s legal status or amend the
Employee’s gender on legal documentation, or
(v) any other similar necessary appointment or procedure to give effect to the
Employee’s transition as agreed with the Employer.
(e) An Employee who is entitled to unpaid Gender Transition Leave may, in
conjunction with all or part of that leave utilise accrued Annual or Long Service
Leave, provided that the combined total of all paid and unpaid leave taken does
not exceed 52 continuous weeks.
(f) Gender Transition Leave may be taken as consecutive, single or part days as
agreed with the Employer.
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(g) Leave under this clause will not accrue from year to year and cannot be cashed
out on termination of employment.
5.22.2 Gender Transition Leave – Casual employees
Casual Employees are entitled to access unpaid leave of up to 52 continuous weeks
duration for gender transition purposes.
5.22.3 Notice and evidence requirements
(a) An Employee seeking to access Gender Transition Leave must provide the
Employer with at least 4 weeks’ written notice of their intended commencement
date and expected period of leave, unless otherwise agreed by the Employer.
(b) An Employee seeking to access Gender Transition Leave may be required to
provide suitable supporting documentation or evidence of their attendance at
essential gender affirmation procedures. This may be in the form of a document
issued by a registered practitioner, a lawyer, or a State, Territory or Federal
government organisation, statutory declaration or other suitable supporting
documentation.
For the purpose of this clause, Registered Practitioner has the same meaning as set out
in clause 5.3.1.
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SCHEDULE 1 – Salary Schedules
Effective 20 March 2020
Grade
Value
Range
Salary Ranges
Progression amounts
Min. Max.
V
P
S
O
ff
ic
er
1 1.1 $48,623 $51,616
1.1.1 $48,623
1.1.2 $49,619
1.1.3 $50,617
1.1.4 $51,616
2
2.1 $53,280 $60,851
2.1.1 $53,280
2.1.2 $54,362
2.1.3 $55,443
2.1.4 $56,527
2.1.5 $57,605
2.1.6 $58,689
2.1.7 $59,770
2.1.8 $60,851
2.2 $61,931 $68,421
2.2.1 $61,931
2.2.2 $63,013
2.2.3 $64,094
2.2.4 $65,177
2.2.5 $66,256
2.2.6 $67,340
2.2.7 $68,421
3
3.1 $69,917 $77,407
3.1.1 $69,917
3.1.2 $71,416
3.1.3 $72,915
3.1.4 $74,412
3.1.5 $75,907
3.1.6 $77,407
3.2 $78,903 $84,895
3.2.1 $78,903
3.2.2 $80,403
3.2.3 $81,900
3.2.4 $83,395
3.2.5 $84,895
4 4.1 $86,558 $98,210
4.1.1 $86,558
4.1.2 $88,502
4.1.3 $90,443
4.1.4 $92,381
4.1.5 $94,327
4.1.6 $96,268
4.1.7 $98,210
S
e
ni
or
O
ff
ic
e
r 5
5.1 $99,872 $110,355 $2,994
5.2 $110,357 $120,838
6
6.1 $122,502 $143,219 $3,780
6.2 $143,220 $163,934
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Grade
Value
Range
Salary Ranges
Progression amounts
Min. Max.
S
e
ni
or
T
ec
h
ni
ca
l
S
p
ec
ia
lis
t
7
7.1 $166,390 $186,355
$6,209
7.2 $186,359 $206,325
7.3 $206,325 $226,292
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Effective 1 December 2020
Grade
Value
Range
Salary Ranges Progression
amounts
Min. Max.
V
P
S
O
ff
ic
er
1 1.1 $49,231 $52,261
1.1.1 $49,231
1.1.2 $50,239
1.1.3 $51,250
1.1.4 $52,261
2
2.1 $53,946 $61,612
2.1.1 $53,946
2.1.2 $55,042
2.1.3 $56,136
2.1.4 $57,234
2.1.5 $58,325
2.1.6 $59,423
2.1.7 $60,517
2.1.8 $61,612
2.2 $62,705 $69,276
2.2.1 $62,705
2.2.2 $63,801
2.2.3 $64,895
2.2.4 $65,992
2.2.5 $67,084
2.2.6 $68,182
2.2.7 $69,276
3
3.1 $70,791 $78,375
3.1.1 $70,791
3.1.2 $72,309
3.1.3 $73,826
3.1.4 $75,342
3.1.5 $76,856
3.1.6 $78,375
3.2 $79,889 $85,956
3.2.1 $79,889
3.2.2 $81,408
3.2.3 $82,924
3.2.4 $84,437
3.2.5 $85,956
4 4.1 $87,640 $99,438
4.1.1 $87,640
4.1.2 $89,608
4.1.3 $91,574
4.1.4 $93,536
4.1.5 $95,506
4.1.6 $97,471
4.1.7 $99,438
S
e
ni
or
O
ff
ic
e
r 5
5.1 $101,120 $111,734 $3,031
5.2 $111,736 $122,348
6
6.1 $124,033 $145,009 $3,827
6.2 $145,010 $165,983
7 7.1 $168,470 $188,684 $6,287
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Grade
Value
Range
Salary Ranges Progression
amounts
Min. Max.
S
e
ni
or
T
ec
h
ni
ca
l
S
p
ec
ia
lis
t 7.2 $188,688 $208,904
7.3 $208,904 $229,121
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Effective 1 September 2021
Grade
Value
Range
Salary Ranges Progression
amounts
Min. Max.
V
P
S
O
ff
ic
er
1 1.1 $49,969 $53,045
1.1.1 $49,969
1.1.2 $50,993
1.1.3 $52,019
1.1.4 $53,045
2
2.1 $54,755 $62,536
2.1.1 $54,755
2.1.2 $55,868
2.1.3 $56,978
2.1.4 $58,093
2.1.5 $59,200
2.1.6 $60,314
2.1.7 $61,425
2.1.8 $62,536
2.2 $63,646 $70,315
2.2.1 $63,646
2.2.2 $64,758
2.2.3 $65,868
2.2.4 $66,982
2.2.5 $68,090
2.2.6 $69,205
2.2.7 $70,315
3
3.1 $71,853 $79,551
3.1.1 $71,853
3.1.2 $73,394
3.1.3 $74,933
3.1.4 $76,472
3.1.5 $78,009
3.1.6 $79,551
3.2 $81,087 $87,245
3.2.1 $81,087
3.2.2 $82,629
3.2.3 $84,168
3.2.4 $85,704
3.2.5 $87,245
4 4.1 $88,955 $100,930
4.1.1 $88,955
4.1.2 $90,952
4.1.3 $92,948
4.1.4 $94,939
4.1.5 $96,939
4.1.6 $98,933
4.1.7 $100,930
S
e
ni
or
O
ff
ic
e
r 5
5.1 $102,637 $113,410 $3,076
5.2 $113,412 $124,183
6
6.1 $125,893 $147,184 $3,884
6.2 $147,185 $168,473
7 7.1 $170,997 $191,514 $6,381
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Grade
Value
Range
Salary Ranges Progression
amounts
Min. Max.
S
e
ni
or
T
ec
h
ni
ca
l
S
p
ec
ia
lis
t 7.2 $191,518 $212,038
7.3 $212,038 $232,558
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Effective 1 June 2022
Grade
Value
Range
Salary Ranges Progression
amounts
Min. Max.
V
P
S
O
ff
ic
er
1 1.1 $50,594 $53,708
1.1.1 $50,594
1.1.2 $51,630
1.1.3 $52,669
1.1.4 $53,708
2
2.1 $55,439 $63,318
2.1.1 $55,439
2.1.2 $56,566
2.1.3 $57,690
2.1.4 $58,819
2.1.5 $59,940
2.1.6 $61,068
2.1.7 $62,193
2.1.8 $63,318
2.2 $64,442 $71,194
2.2.1 $64,442
2.2.2 $65,567
2.2.3 $66,691
2.2.4 $67,819
2.2.5 $68,941
2.2.6 $70,070
2.2.7 $71,194
3
3.1 $72,751 $80,545
3.1.1 $72,751
3.1.2 $74,311
3.1.3 $75,870
3.1.4 $77,428
3.1.5 $78,984
3.1.6 $80,545
3.2 $82,101 $88,336
3.2.1 $82,101
3.2.2 $83,662
3.2.3 $85,220
3.2.4 $86,775
3.2.5 $88,336
4 4.1 $90,067 $102,192
4.1.1 $90,067
4.1.2 $92,089
4.1.3 $94,110
4.1.4 $96,126
4.1.5 $98,151
4.1.6 $100,170
4.1.7 $102,192
S
e
ni
or
O
ff
ic
e
r 5
5.1 $103,920 $114,828 $3,114
5.2 $114,830 $125,735
6
6.1 $127,467 $149,024 $3,933
6.2 $149,025 $170,579
7 7.1 $173,134 $193,908 $6,461
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Grade
Value
Range
Salary Ranges Progression
amounts
Min. Max.
S
e
ni
or
T
ec
h
ni
ca
l
S
p
ec
ia
lis
t 7.2 $193,912 $214,688
7.3 $214,688 $235,465
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Effective 1 March 2023
Grade
Value
Range
Salary Ranges Progression
amounts
Min. Max.
V
P
S
O
ff
ic
er
1 1.1 $51,353 $54,514
1.1.1 $51,353
1.1.2 $52,404
1.1.3 $53,459
1.1.4 $54,514
2
2.1 $56,271 $64,268
2.1.1 $56,271
2.1.2 $57,414
2.1.3 $58,555
2.1.4 $59,701
2.1.5 $60,839
2.1.6 $61,984
2.1.7 $63,126
2.1.8 $64,268
2.2 $65,409 $72,262
2.2.1 $65,409
2.2.2 $66,551
2.2.3 $67,691
2.2.4 $68,836
2.2.5 $69,975
2.2.6 $71,121
2.2.7 $72,262
3
3.1 $73,842 $81,753
3.1.1 $73,842
3.1.2 $75,426
3.1.3 $77,008
3.1.4 $78,589
3.1.5 $80,169
3.1.6 $81,753
3.2 $83,333 $89,661
3.2.1 $83,333
3.2.2 $84,917
3.2.3 $86,498
3.2.4 $88,077
3.2.5 $89,661
4 4.1 $91,418 $103,725
4.1.1 $91,418
4.1.2 $93,470
4.1.3 $95,522
4.1.4 $97,568
4.1.5 $99,623
4.1.6 $101,673
4.1.7 $103,725
S
e
ni
or
O
ff
ic
e
r 5
5.1 $105,479 $116,550 $3,161
5.2 $116,552 $127,621
6
6.1 $129,379 $151,259 $3,992
6.2 $151,260 $173,138
7 7.1 $175,731 $196,817 $6,558
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Grade
Value
Range
Salary Ranges Progression
amounts
Min. Max.
S
e
ni
or
T
ec
h
ni
ca
l
S
p
ec
ia
lis
t 7.2 $196,821 $217,908
7.3 $217,908 $238,997
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Effective 1 December 2023
Grade
Value
Range
Salary Ranges Progression
amounts
Min. Max.
V
P
S
O
ff
ic
er
1 1.1 $51,867 $55,059
1.1.1 $51,867
1.1.2 $52,928
1.1.3 $53,994
1.1.4 $55,059
2
2.1 $56,834 $64,911
2.1.1 $56,834
2.1.2 $57,988
2.1.3 $59,141
2.1.4 $60,298
2.1.5 $61,447
2.1.6 $62,604
2.1.7 $63,757
2.1.8 $64,911
2.2 $66,063 $72,985
2.2.1 $66,063
2.2.2 $67,217
2.2.3 $68,368
2.2.4 $69,524
2.2.5 $70,675
2.2.6 $71,832
2.2.7 $72,985
3
3.1 $74,580 $82,571
3.1.1 $74,580
3.1.2 $76,180
3.1.3 $77,778
3.1.4 $79,375
3.1.5 $80,971
3.1.6 $82,571
3.2 $84,166 $90,558
3.2.1 $84,166
3.2.2 $85,766
3.2.3 $87,363
3.2.4 $88,958
3.2.5 $90,558
4 4.1 $92,332 $104,762
4.1.1 $92,332
4.1.2 $94,405
4.1.3 $96,477
4.1.4 $98,544
4.1.5 $100,619
4.1.6 $102,690
4.1.7 $104,762
S
e
ni
or
O
ff
ic
e
r 5
5.1 $106,534 $117,716 $3,193
5.2 $117,718 $128,897
6
6.1 $130,673 $152,772 $4,032
6.2 $152,773 $174,869
7 7.1 $177,488 $198,785 $6,624
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Grade
Value
Range
Salary Ranges Progression
amounts
Min. Max.
S
e
ni
or
T
ec
h
ni
ca
l
S
p
ec
ia
lis
t 7.2 $198,789 $220,087
7.3 $220,087 $241,387
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SCHEDULE 2 – GRADE STANDARD DESCRIPTORS
The Career Structure Review provides for 6 levels and a Senior Technical Specialist.
The classification of each grade is based on the level of the work undertaken and
encompasses the elements of decision-making, communication and knowledge and
proficiency. The Grade and Value Range descriptors group generic functions under the
categories of Policy and Projects, Administrative and Corporate Support, Operational
Service Delivery and Technical/Specialist roles.
Grade level descriptors, set out below, provide an indicative summary of the entry point
of each Grade as a guide.
The Value Range descriptors then provide further detail on work value within each
Grade. Not all elements of each Value Range are required to satisfy the requirements
of the Grade/Value Range, but should be considered on the basis of best fit to describe
the work. In Grades with a number of Value Ranges, the first Value Range provides the
base, to which relevant elements from the second value range must be added for the
purposes of advancement to this level.
Grade 1
Work Environment:
Undertake specific and defined tasks within established rules under close
supervision
Communication is mainly focused on routine issues that may require an
understanding of the operational context
Focus is on learning, developing and refining work skills
Typical Functions:
Perform routine administrative tasks
Provide routine information, such as standard information and explanations, to
clients and members of the public
Perform routine service delivery functions
Operate and maintains tools and equipment appropriate to the function and
level of qualification
Assist technicians, scientists and specialists in tasks that are straightforward
Grade 2
Work Environment:
Applies rules, processes and standards under general supervision
Judgement is required to solve problems arising in own work program
Explains rules, procedures and operational policies to individual clients or
colleagues
Understands and applies theoretical principles, under supervision, to achieve
defined outcomes
Typical Functions:
Collect data, undertakes basic analysis and prepares simple reports
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Provide office support through activities such as using and maintaining standard
office equipment and software
Provide standard services under general supervision and within a defined
service delivery framework
Conduct routine scientific, technical or specialist procedures and data
collection, collation and analysis
Deliver information services to the general public or clients, including initial
advice and referral
Draft routine internal reports and correspondence
Grade 3
Work Environment:
Exercises professional judgement about the application of rules, or the selection
of choices within guidelines
Initiates improvements to procedures within the work area
Analysis and advice contributes to decision making by others
Explains concepts and policies to clients, stakeholders and staff
Uses persuasion, advocacy, negotiation and motivation skills with clients,
providers, staff, peers and managers
Uses theoretical knowledge to achieve agreed outcomes in moderately complex
work situations
Typical Functions:
Conduct projects of defined scope under direction
Lead a team appropriate to the role
Maintains corporate databases and completes analysis
Investigate and assess actions by individuals or organisations against
legislation, rules, regulations, service agreements
Assess client needs and delivers a range of services in complex situations
Conduct small to medium scientific, technical or specialist projects defined by
others
Prepare briefs on sensitive issues for consideration of others
Grade 4
Work Environment
Innovative thinking is an inherent feature of the job
Applies negotiation persuasion and motivation skills to manage staff and
stakeholders
Applies sound theoretical and practical expertise in development of policy
options
Interprets and applies business plans and policies to own area of responsibility
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Resolves operational service delivery problems consistent with program
objectives
Typical Functions
Research and develop recommendations in a specific field of expertise
Contribute to strategic policy development within a specific field of expertise
Manage multi-disciplinary project teams
Lead a larger or complex corporate support work unit
Provide specialist administrative and corporate support expertise
Determine operational service delivery plans based on accepted standards
Undertake complex or technical investigations and makes recommendations for
action
Manage a scientific, technical or specialist team and/or projects
Prepare reports, briefs and correspondence on complex issues that impact at
program or organisational level
Grade 5
Work Environment
Decisions often impact upon staff, peers and clients outside the immediate work
area
Advice and analysis influences policy development
Accountable for work organisation, the allocation of resources within and the
outputs required of the work area
Innovative thinking and analysis influences developments within area of
responsibility
Specialist in an area of their profession and relied on for advice in this field
Typical Functions
Formulate policy options and advice
Manage and leads projects
Provide high level expertise dealing with more complex issues in a specialised
corporate support function
Manage cross-functional delivery within a defined service
Provide specialist professional services or advice
Initiate research and analysis within an area of expertise consistent with
organisational objectives
Negotiate with stakeholders and peers
Grade 6
Work Environment
Uses knowledge of structures, processes and culture of government, the sector
and the Department to develop policies and new program or project initiatives
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High level expertise in the field or discipline
Identifies and responds to new and emerging strategic issues impacting on the
operating environment
Subject matter expert that conceptualises, initiates, implements, promotes and
evaluates complex and innovative technical programs
Participates in strategic planning and contributes to strategic decision making
process
Typical Functions
Responsible for operational policy or service development impacting on a major
functional area
Routinely advise senior stakeholders on policy issues and solutions within a
functional area
Manage an area with significant budget, staff responsibilities or strategic
importance
Manage a large scale organisational service or regional delivery function
Develop briefs on highly complex issues that provide options for decision at the
highest level within an organisation
Initiate and manages negotiations with peers (internal and external to work unit)
to gain commitment to projects, and delivery of activities to meet timelines
Senior Technical Specialist
Work Environment
The Senior Technical Specialist category covers only those jobs that require the
highest level of specialist professional expertise within the VPS.
Senior Technical Specialists can be distinguished from other classifications or
categories as follows:
Executive Officers
In contrast to Executive Officers, Senior Technical Specialists are not expected to take
a broad, ongoing leadership role in the agency; they work within a particular field of
expertise. Senior Technical Specialists achieve their goals through utilising specific
academic knowledge, extensive industry and subject matter expertise. They inspire
and stimulate others through exercising these professional skills.
While many executive roles require qualifications and experience in a particular field or
discipline, in contrast with Senior Technical Specialists, executives do not utilise these
attributes as a vocation; rather, their experience informs their management of others in
achieving organisational goals.
Other Staff
There may be other staff within an agency, who work in the same field or discipline, as
the Senior Technical Specialist but the Senior Technical Specialist tends to be unique
in nature. They are the primary agency or VPS expert or ‘head of discipline’ within their
area of expertise.
Senior Technical Specialists undertake projects and endeavours of significantly greater
complexity than other non-executives. STS projects are major Government initiatives
and carry a far greater risk to Government than a non-executive would typically be
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expected to manage. The nature of the required expertise means that the recruitment
market is very limited.
Typical functions
While some VPS jobs will have one or more of the Specialist Professional category
qualities, jobs only meet the Specialist Technical Specialist standard if they are
consistent with the following:
The role is commonly recognised as a profession;
The primary focus of the role is practising the profession at the expert level;
Where the role includes managing others, the focus is on providing leadership,
guidance and inspiration within the profession or discipline;
The job represents the highest level of expertise in the agency within the
specific field;
The job requires recognition as an expert within the particular field;
The level of expertise and specialisation is rare within the agency and, as a
general rule, the field.
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SCHEDULE 3 – Classification and Value Range Standard Descriptors
Grade 1 Grade 2 Grade 3 Grade 4
VR 1 VR 2 VR 1 VR 2
Decision
Making
1.1A 2.1A 2.2A 3.1A 3.2A 4.1A
Accountability
and
Frameworks
Undertakes specific
and defined tasks
within established
rules under close
supervision, defined
as:
Clear and detailed
instructions are
provided; tasks are
covered by
standard
procedures;
Deviation from
procedures or
unfamiliar
situations are
referred to higher
levels; and
Work is regularly
checked
Influences own daily
work priorities and
schedules under
direction of
Applies rules,
processes and
standards under
general supervision
Plans and prioritises
own work program
to achieve defined
targets
Changes own work
program, which may
impact on the
operations of the
work area
Selects from a
range of accepted
options established
by rules, processes,
and standards
Makes decisions
that may have
significant impact on
clients
Team leadership
may be exercised
where appropriate to
the role
Exercises
professional
judgement about the
application of rules,
or the selection of
choices within
guidelines
Resolves local
operational service
delivery problems
within guidelines
Reviews decisions,
assessments and
recommendations
from less
Sets local
precedents
regarding the
application of
guidelines
Provides guidance
for others in the
work area and/or
related areas
Develops guidelines
within the work area
Resolves
operational service
delivery problems
consistent with
program objectives
Interprets and
applies business
plans and policies
to own area of
responsibility
Advice and analysis
contributes to policy
formulation
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OFFICIAL
supervisor
Accountable for
accuracy and
timeliness of outputs
experienced team
members
Determines the work
organisation of the
work area
Analysis and advice
contributes to
decision making by
others
Manages budget and
resources for the
work area
Innovation and
Originality
The focus is on
maintaining existing
systems and
processes
Identifies
opportunities to
improve own
efficiency and
suggests these to
supervisor
Judgement is
required to solve
problems arising in
own work program
Takes initiative to
recommend
improved processes
in immediate work
area
Creatively deals
with problems within
the work area
Initiates
improvements to
procedures within the
work area
Assesses and
responds to policy
and process
changes in the work
area
Identifies and
applies
developments
within professional
field to problem
solving within the
work area
Innovative thinking
is an inherent
feature of the job
Defines the
appropriate
methodology in the
analysis of policy or
research options
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OFFICIAL
Communication
1.1B
Provides and
receives routine
information
Communication is
mainly focused on
routine issues that
may require an
understanding of
the operational
context
2.1B
Explains rules,
procedures and
operational policies
to individual clients
or colleagues
Presents routine
information to small
groups and
provides feedback
to organisation
Draft routine
internal reports and
correspondence
Liaises with
stakeholders,
clients and external
providers of goods
and services
Suggests
alternative
approaches to
clients or
stakeholders
Understands
procedures for
effectively dealing
with people
exhibiting
challenging
behaviours
2.2B
Conducts formal
community
information sessions
and consultative
process involving
small groups or
participates in a
similar process in
larger groups
Uses persuasion
skills in dealing with
an individual client,
colleague, service
provider or the like
3.1B
May lead a team
through activities
including individual
and team
performance
management and
development
Explains concepts
and policies to
clients, stakeholders
and staff
Plans, leads and
facilitates information
sessions and
consultative
processes in a range
of settings
Prepares briefs on
sensitive issues for
consideration of
others
Draft public
communication
documents
Communicates
issues and
advocates a
preferred case or
option to
stakeholders
3.2B
Plan, lead and
facilitate
consultative
processes in a
range of settings
involving more
difficult or sensitive
issues
Prepares complex
operational reports
requiring in-depth
factual analysis
4.1B
Conveys specialist
concepts and
policies to clients,
staff and
stakeholders
Prepares reports,
briefs and
correspondence on
complex issues that
impact at program
or organisational
level
Develops and
implements
operational
communication and
consultation
strategies on
specific projects
Applies negotiation
persuasion and
motivation skills to
manage staff and
stakeholders
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Communicate
professional/
technical concepts
and advice
Provides
communication
guidance to less
experienced
colleagues
Uses persuasion,
advocacy,
negotiation and
motivation skills with
clients, providers,
staff, peers and
managers
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Grade 1 Grade 2 Grade 3 Grade 4
VR 1 VR 2 VR 1 VR1
Knowledge and
Proficiency
1.1C
Focus is on
learning, developing
and refining work
skills
Requires
knowledge of
equipment and tools
to perform routine
tasks, experiments
and procedures,
and develops
practical application
of these skills
Requires
understanding of
general office work
routines and
procedures
Acquire and apply
proficiency in
standard office
equipment and
computer
applications
2.1C
Understands and
applies theoretical
principles, under
supervision, to
achieve defined
outcomes
Develops
knowledge of
established
techniques and
organisational
processes
Proficient in use of
software or
technical equipment
Knowledge of
legislation,
regulations, policies
and processes
relevant and
specific to the role
2.2C
Uses theoretical
knowledge under
supervision to
achieve defined
outcomes in a
variety of work
situations
Local reference
point in operational
processes and
procedures
3.1C
Uses theoretical
knowledge to
achieve agreed
outcomes in
moderately complex
work situations
Authoritative in
application of
processes and policy
relevant to the work
unit
Knowledge of
relevant legislation,
regulations, policies
and processes
3.2C
Adapts theoretical
knowledge based
on practical
experience and/or
understanding of
current issues in the
field
Applies
understanding of
interrelationships
between
stakeholders and/or
other work units to
achieve local
objectives
4.1C
Researches and
applies advanced
theoretical
knowledge in a
specialised field to
operational problem
solving
Applies sound
theoretical and
practical expertise
in development of
policy options
Authoritative in
application of
processes
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Grade 1 Grade 2 Grade 3 Grade 4
VR1 VR 2 VR 1 VR 2
Administrative
and Corporate
Support
1.1E
Performs routine
administrative tasks,
including general
telephone, counter
and front office
enquiries, mail
deliveries, assisting
with stock control,
supporting
organisation of
meetings, receiving
and initial
processing of
standard paperwork
2.1E
Provides office
support through
activities such as
using and
maintaining
standard office
equipment and
software
Drafts routine
correspondence
and minutes
Organises routine
meetings and small
functions
Undertakes
standard processing
work such as data
entry, purchasing,
payments and
reports using office
databases
Performs telephone
and counter duties
consistent with 2.1B
2.2E
Responsible for
office support
services and
systems for a work
unit
Documents meeting
outcomes in more
complex situations
Provides support to
contract
administration
Demonstrates
problem solving in
processing work
Create and
maintains local
databases or
reporting systems
utilising standard
software
Analyse standard
reports and data to
identify exceptions
3.1E
May lead a
corporate support
team
Manages team
performance
through activities
such as monitoring
and reporting
Maintains corporate
databases and
completes analysis
Monitors and
administers straight
forward, local
contracts and
service agreements
within a well defined
service delivery
framework
3.2E
Prepares and
analyses reports
from corporate
databases to
support decision
making in the
broader work area
Develops local
databases or
reporting systems
Negotiate straight
forward, local
contracts and
service agreements
4.1E
Leads a larger or
complex corporate
support work unit
Provides specialist
administrative and
corporate support
expertise
Negotiates and
manages straight
forward, corporate
contracts and
service agreements
Drafts reports and
recommendations
by interpreting and
analysing data
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OFFICIAL
Grade 1 Grade 2 Grade 3 Grade 4
VR 1 VR 1 VR 2 VR 1
Operational Service
Delivery
1.1F
Provides routine
information, such
as standard
information and
explanations, to
clients and
members of the
public
Receives payment
for routine services
such as the sale of
publications,
individual licence
fees
Performs routine
service delivery
functions for clients
such as, driving,
food preparation,
cleaning,
gardening,
assisting qualified
trade persons and
minor maintenance
Operates and
maintains tools and
equipment
appropriate to the
2.1F
Provides standard
services under
general supervision
and within a
defined service
delivery framework
Delivers
information
services to the
general public or
clients, including
initial advice and
referral
Consistent with the
development of
knowledge
specified at 2.1C,
participates in
routine
investigations
under direction and
provides evidence
if required
Reconciles, banks
monies and
manages petty
cash
2.2F
Assesses client
needs and
implements
appropriate service
delivery from a
range of accepted
options
Identifies where
limited precedents
apply and may
recommend action
to be taken
Assists in preparing
or presenting cases
in a range of review
forums, tribunals
and courts
3.1F
Supervises a
service delivery
team
Assesses client
needs and delivers
a range of services
in complex
situations
Investigates and
assesses actions
by individuals or
organisations
against legislation,
rules, regulations,
service agreements
Advocates issues
involving
established
precedents before
a range of review
forums, tribunals
and courts
Participates in the
development of
strategies to
represent the
organisation or
clients, involving
complex and
3.2F
Reviews client
assessments and
associated service
delivery plans
Advocates more
complex cases to
represent the
organisation or
clients before a
range of review
forums, tribunals
and courts
Recommends
strategies to
represent the
agency and/or
clients involving
complex and
challenging
problems
4.1F
Determines
operational service
delivery plans
based on accepted
standards
Recommends
resource allocation
to immediate
manager in order to
meet service
delivery priorities
Manages
operational work
teams
Undertakes
advanced case
management,
which may include
cross agency
collaboration
Undertakes
complex or
technical
investigations and
makes
recommendations
for action
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OFFICIAL
function and level
of qualification
challenging
problems
Technical/Specialist
1.1G
Assists technicians,
scientists and
specialists in tasks
that are
straightforward and
use established
techniques and
work practices
Operates and
maintains technical
or scientific
equipment
appropriate to the
2.1G
Conducts routine
scientific, technical
or specialist
procedures and
data collection,
collation and
analysis
Diagnoses and
corrects faults and
problems with
technical
equipment
Contributes to
scientific or
2.2G
Modifies routine
scientific, technical
or specialist
procedures to a
limited specification
Exercises
discretion in use of
equipment and
actions to achieve
results within
specifications
3.1G
Conducts small to
medium scientific,
technical or
specialist projects
defined by others
Undertakes
technical data
analysis in field of
expertise
Conducts field or
desk-top studies as
part of a team
Assembles non-
standard technical
systems or
3.2G
Plan small to
medium scientific,
technical or
specialist projects
May control a
laboratory function
or field operation
where a range of
related technical
functions are
performed
Prepares complex
reports requiring in-
depth factual
analysis
4.1G
Manages a
scientific, technical
or specialist team
and/or projects
Independently
performs
professional or
technical work at
an advanced level
in a narrow field of
expertise or on
research projects
Provides
professional
scientific, technical
or specialist advice
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OFFICIAL
function and level
of qualification
This level performs
routine technical
support functions
such as setting up
a laboratory,
cleaning
equipment, and
supporting field
work
technical project
planning
equipment to a
specification
Leads a small
scientific, technical
or specialist team
based on field of
expertise
Undertakes
technical data
analysis and
modelling and
prepares reports
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OFFICIAL
Grade 5 Grade 6
VR 1 VR 2 VR1 VR2
Decision
Making
5.1A 5.2A 6.1A 6.2A
Rules,
Guidelines, and
Frameworks
Decisions often impact
upon staff, peers and
clients outside the
immediate work area
Makes decisions in
situations where there is
some, but not definitive,
precedent about the
application of an
organisational framework
Advice and analysis
influences policy
development
Contributes to strategic
business planning
Interprets and applies
business plans and policies
in own area of responsibility
and provides advice to
others on implementation
issues
Accountable for work
organisation, the allocation
of resources within and the
outputs required of the work
area
Decisions may set
precedents for peers
Develops business plans to
deliver on evolving
organisational priorities
Develops policy frameworks within
area of expertise or responsibility
based on defined organisational
priorities
Participates in strategic planning and
contributes to strategic decision
making process
Accountable for achievement of
established corporate objectives
including the formulation and
implementation of local business plans
Develops policies, programs
and initiatives that impact on
programs or major functional
areas
Required to interpret general
policy framework to make
decisions in the absence of
definitive operational policies
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OFFICIAL
Communication 5.1B
Initiates and maintains
relationships with peer and
senior internal and external
stakeholders
Focuses on understanding
stakeholder issues
Negotiates with
stakeholders and peers with
the object of gaining co-
operation and meeting
timelines for delivery of
project, service or advice
Prepares technical reports
at an advanced
professional level
5.2B
Relies on formal and informal
communication channels to
achieve goals and engages
stakeholders to help them
identify areas and
opportunities for improvement
Initiates and maintains
effective relationships with
internal and external
stakeholders at peer or senior
levels
Manages consultation
processes including
engagement with key
stakeholders.
Negotiates with stakeholders,
peers, industry bodies and
other government agencies
with the objective of gaining
co-operation, influencing
views and meeting timelines
for delivery of project, service
or advice
Is influential in negotiations
with external suppliers of
major services
6.1B
Purpose of communication may be to
resolve complex issues through a
process of consultation and
negotiation
Prepares technical reports at an
authoritative level
Develops briefs on highly complex
issues that provide options for decision
within an organisation
Initiates and manages negotiations
with peers (internal and external to
work unit) to gain commitment to
projects, and delivery of activities to
meet timelines
Provides and receives highly complex,
contentious or sensitive information
where high levels of negotiation,
communication and interpersonal skills
are required
Explains highly complex concepts,
ideas and issues to an executive (ie
non-expert) audience
Represents own work area with
external stakeholders, and effectively
manages feedback
Confidently represents the agency with
external peers and negotiate within
6.2B
Is required to use formal and
informal channels to influence
organisation or program
management to achieve
goals
Influences stakeholders
holding competing priorities
and views
Briefs high level stakeholders
in own area of expertise in a
variety of forums
Operates with loosely defined
hierarchies of decision-
making
Negotiates to resolve
differences to achieve
agreement to project/program
May be required to negotiate
on the spot, often on the
basis of limited information
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OFFICIAL
parameters agreed with immediate
manager
Focuses on understanding stakeholder
issues and influencing their views
Provides authoritative expert advice on
complex issues within own area
Policy and
Projects
5.1C
Formulates policy options
and advice
Develops project briefs
consistent with business
plan direction
Manages and leads
projects
Develops briefs on highly
complex issues that provide
options for discussion and
consideration and will
contribute to the
development of a set of
final options for decision
5.2C
Advocates policy options
Manages and leads complex
projects
6.1C
Responsible for operational policy or
service development impacting on a
major functional area
Responsible for implementation of
endorsed strategic policy within the
functional area
Routinely advises senior stakeholders
on policy issues and solutions within a
functional area
6.2C
Responsible for operational
policy or service development
that has significant impact
across functional areas
Responsible for
implementation of endorsed
strategic policy across
functional areas
Area of expertise and
responsibility is complicated
by the scale and difficulty of
the issues
Manages major projects for
the organisation
Provides policy advice to
government, senior levels of
the organisation and key
external stakeholders
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OFFICIAL
Administrative
and Corporate
Support
5.1D
Manages a discrete
function with limited budget
or staff responsibilities
Provides high level
expertise dealing with more
complex issues in a
specialised corporate
support function
5.2D
Manages a discrete function
with increased budget, staff
responsibilities, or sensitive
or complex issues
Provides professional
leadership in a specialised
corporate support function
6.1D
Manages an area with significant
budget, staff responsibilities or
strategic importance
Contributes to strategic corporate
initiatives and is responsible for
implementation
6.2D
Provides leadership and
guidance based on advanced
expertise
Manages a range of strategic
corporate functions, each with
significant budget, staff
responsibilities or strategic
importance
Leads strategic corporate
initiatives
Operational
Service
Delivery
5.1E
Manages cross-functional
delivery within a defined
service
Develops service plans and
delivery standards for the
area of responsibility
Determines service delivery
resource allocation
Provides specialist
professional services or
advice
5.2E
Manages cross-functional
delivery of a defined service
with increased budget, staff
responsibilities, or sensitive
or complex issues
Provides specialist
professional services or
advice, including leadership
and guidance to other
specialists in the field
6.1E
Manages a large scale organisational
service or regional delivery function
Develops service delivery models
within business plans and objectives
Provides highly specialist services or
expert advice on service delivery
6.2E
Provides leadership and
guidance based on advanced
expertise
Develops complex or
specialised service delivery
models
Responsible for meeting
service objectives, including
financial, quality and time
related targets for programs
or major projects
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OFFICIAL
Technical
Specialist
5.1F
Specialist in an area of their
profession and relied on for
advice in this field
Undertakes complex
independent scientific,
technical or specialist work
and analysis
Initiates research and
analysis within an area of
expertise consistent with
organisational objectives
5.2F
Provides leadership and
guidance to other specialists
in the field
Contributes to the
development of standards
relating to the sector,
program or profession
6.1F
Subject matter expert that
conceptualises, initiates, implements,
promotes and evaluates complex and
innovative technical programs
Routinely advises senior levels of the
organisation on policy issues and
solutions within a functional area
Develop technical or professional
standards for the organisation
6.2F
Area of expertise and
responsibility is complicated
by the scale and difficulty of
the issues
Provides leadership and
guidance based on advanced
expertise
Knowledge and
Proficiency
5.1G
Uses specialist knowledge
within a confined field to
challenge policies and
professional concepts
Applies complex concepts
to policy development or
research
Provides leadership in the
adaptation and application
of concepts to operational
matters within local work
area
Models high level
leadership attributes
5.2G
Modifies and applies
concepts to new situations
that may impact beyond the
immediate work area
Provides leadership in the
application of concepts to
policy development
6.1G
Uses knowledge of structures,
processes and culture of government,
the sector and the Department to
develop policies and new program or
project initiatives
Applies complex concepts drawn from
non-related fields to address policy
issues
High level expertise in the field or
discipline
6.2G
Proficiency and expertise has
a significant impact on the
capability to deliver the policy
agenda, program or project
initiatives
High level expertise in the
program area
High level expertise in a field
or discipline that is critical to
the program or organisation
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OFFICIAL
Senior Technical Specialist
VR 1 VR 2 VR 3
Senior
Technical/Specialist
7.1A
Leads highly specialised professional research,
Provides professional leadership in a major
program or field of research
Manages a significant professional research
institute or function with significant resource
management responsibilities
Provide state-wide expertise within a specific
field of endeavour critical to the agency’s
overall program
Responsible for quality professional outcomes
of work
Understands the implications of the work and
its impact on/contribution to Departmental or
Government policy
Provides professional leadership and
development of staff in area of professional
expertise
Influences departmental policy direction and
may develop or change policy as a result of
specialised work or research.
Responsible for the quality professional
outcomes of major projects
Departmental and Statewide reputation is
associated with positions at this level
7.2A
This value range is characterised by
work consistent with that expressed
in value range 1 with broader scope,
complexity and impact
Provides authoritative advice and
leadership in area of expertise
Manages a professional discipline
that impacts on department wide
operations and provides high level
professional advice to programs
across the agency
Manages substantial resources
primarily associated with projects of
significance to the
Department/Government or within
the field of expertise
Provides professional leadership
and development of staff in area of
professional expertise including
leading and inspiring teams of fellow
professionals
7.3A
Regarded as having the highest
level of expertise within the Agency
and is recognised nationally, and
internationally in narrower fields
Expertise is of primary importance
to the Department/Government
Considerable resource management
responsibility primarily associated
with projects of primary importance
to the Department/Government or
within the field of scientific or
professional expertise
Manages capital management
projects in the order of multi-million
dollar, cross portfolio or major
agency projects
Decision Making
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OFFICIAL
Accountability and
Frameworks
7.1B
Limited frameworks, precedents and guidelines
beyond broad Government policy and
professional discipline standards
Generates strategic directions and programs
for the agency or the sector
Develops strategic frameworks for research or
industry development
Typically operates in an environment with a
high degree of sensitivity or risk associated
with the particular industry sector, field or
professional endeavour
Outcomes directly affect external perceptions
of the Department by Government and the
community
Influences the national and international debate
in the profession/ field of expertise
Innovation and
Originality
7.1C
Recognised nationally as a specialist in a
particular field and applies this knowledge to
achieve highly creative and/or innovative
solutions to major challenges/ major projects
Identifies and responds to new and emerging
issues in the field and their longer term
implications for the State
Communication
7.1D
7.2D
Develops and utilises national and
international communication
7.3D
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OFFICIAL
Interacts with executives/ professional staff
within the organisation and with other experts
in the field/profession
Communicates at highest managerial levels
and with Ministers
Communicates externally across industry. Can
be at national and international levels
Informs stakeholders of matters arising from
‘professional/expert’ role. As an expert,
communication will rarely be questioned
Close interaction with other professionals in the
field
Direct contact with senior political, commercial,
community or sector stakeholders
Provides expert information and advice on
professional field of interest/major project/s
Develops and utilises communication networks
to ensure appropriate development and
application of research or project initiatives in
accordance with government priorities
networks to ensure appropriate
development and application of
research or project initiatives in
accordance with government
priorities
Negotiates elements of million dollar
projects or the involvement or
contribution of senior public or
private sector leaders
Initiates and negotiates joint
research programs with universities
and other agencies
Negotiates all aspects of multi-
million dollar projects to ensure they
are on-budget and on-time
Knowledge and
Proficiency
7.1E
Requires significant experience in the field/area
of expertise
Authoritative specialist/expert in the field
Enhances the standing of the agency and its
reputation for excellence
Writes, publishes and presents research,
arguments and cases to peers, stakeholders
and senior management
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Demonstrates strategic management skills
Combines significant achievement with a
substantial body of demonstrated effectiveness
and professional experience
Australian Centre for the Moving Image Enterprise Agreement 2020 - 2024
Australian Centre for the Moving Image
PO BOX 14, Flinders Lane, VIC 8009
Signature:
Katrina Sedgwick, Director & CEO
Community & Public Sector Union Victorian Branch
4/128 Exhibition Street, Melbourne VIC 3000
Signature:
Wayne Townsend
Branch Assistant Secretary
Media Entertainment and Arts AJJiance
Level 3, 365 Queen St, Melbourne VIC 3000
Signa
Paul Murphy
Chief Executive Officer
- Australian Centre for the Moving Image Enterprise Agreement 2020 - 2024 Australian Centre for the Moving Image PO BOX 14, Flinders Lane, VIC 8009 Katrine Sedgwick Signature: Katrina Sedgwick, Director & CEO Community & Public Sector Union Victorian Branch 4/128 Exhibition Street, Melbourne VIC 3000 WC- Townsend Signature: Wayne Townsend Branch Assistant Secretary Media Entertainment and Arts Alliance Level 3, 365 Queen St, Melbourne VIC 3000 Signature. Paul Murphy Chief Executive Officer -
