1
Fair Work Act 2009
s.185—Enterprise agreement
The Council of Trustees of the National Gallery of Victoria T/A National
Gallery of Victoria
(AG2021/8136)
THE COUNCIL OF TRUSTEES OF THE NATIONAL GALLERY OF
VICTORIA ENTERPRISE AGREEMENT 2020
Amusement, events and recreation industry
DEPUTY PRESIDENT MASSON MELBOURNE, 22 NOVEMBER 2021
Application for approval of the The Council of Trustees of the National Gallery of Victoria
Enterprise Agreement 2020.
[1] An application has been made for approval of an enterprise agreement known as The
Council of Trustees of the National Gallery of Victoria Enterprise Agreement 2020 (the
Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).
It has been made by The Council of Trustees of the National Gallery of Victoria T/A National
Gallery of Victoria. The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is
attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment
to any employee covered by the Agreement and that the undertakings will not result in
substantial changes to the Agreement. The undertakings are taken to be a term of the
agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the
requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have
been met.
[4] The Community and Public Sector Union being, a bargaining representative for the
Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In
accordance with s.201(2) I note that the Agreement covers the organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
29 November 2021. The nominal expiry date of the Agreement is 20 March 2024.
[2021] FWCA 6782
DECISION
AUSTRALIA FairWork Commission
[2021] FWCA 6782
2
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE513969 PR736006
OF THE FAIR MOR! USTRALLAT MMISSION THE SE
[2021] FWCA 6782
3
Annexure A
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/8136 Applicant: The Council of Trustees of the National Gallery of Victoria T/A National Gallery of Victoria Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Tony Ellwood, Director have the authority given to me by The Council of Trustees of the National Gallery of Victoria T/A National Gallery of Victoria to give the following undertakings with respect to the Council of Trustees of the National Gallery of Victoria Enterprise Agreement 2020 ("the Agreement"): 1. A casual employee will not be engaged for a period of less than 3 consecutive hours on any day. 2. Casual employees are not and will not be engaged at VPS5 or above whilst the Agreement is in force. 3. Employees are not and will not be engaged to work non-rotating (permanent) night shifts whilst the Agreement is in force. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. 6 Signature 16/11/21 Date
Enterprise Agreement
2020
N G V
Valos
Undertakings
1. About this Agreement ...................................................................................................... 1
1.1 Title ........................................................................................................................... 1
1.2 Duration of the Agreement ........................................................................................ 1
1.3 Application of Agreement and Parties Covered ........................................................ 1
1.4 Conditions of Employment ........................................................................................ 1
1.5 Pay Alignment with Victorian Public Service (‘VPS’) and Career Structure ............. 1
1.6 No Disadvantage ...................................................................................................... 1
1.7 Anti-Discrimination .................................................................................................... 2
1.8 Equal Opportunity Employer ..................................................................................... 2
1.9 Gender Equality ........................................................................................................ 2
1.10 Review of NGV Enterprise Agreement Format ......................................................... 5
1.11 Service Delivery, Efficiencies and Productivity ......................................................... 5
1.12 Occupational Health & Safety ................................................................................... 5
1.13 Bullying and Violence at Work……………………………………………………………6
1.14 Definitions ................................................................................................................. 6
2. Terms & Conditions of Employment ............................................................................ 14
2.1 Hours of Work ......................................................................................................... 14
2.1.1 Ordinary Hours of Work ........................................................................... 14
2.1.1 Flexible Work ........................................................................................... 15
2.1.3 Individual Flexibility Arrangements .......................................................... 16
2.1.4 Flexible Working Arrangements - Specific Circumstances ..................... 16
2.1.5 Flexible Working Hours: Flexitime ........................................................... 18
2.1.6 Christmas Closedown.............................................................................. 18
2.1.7 Rest Breaks ............................................................................................. 19
2.1.8 Workload ................................................................................................. 20
2.1.9 Overtime .................................................................................................. 20
2.1.10 Reasonable Hours of Work ..................................................................... 20
2.1.11 Requirement to Pay Overtime ................................................................. 21
2.1.12 Childcare Expenses Associated with Additional Hours ........................... 23
2.2 Leave ............................................. ........................................................................ 24
2.2.1 Annual Leave ........................................................................................... 24
2.2.2 Personal/Carer's Leave ........................................................................... 24
2.2.3 Parental Leave…………………………………………………………..…… 25
2.2.4 Surrogacy Leave ..................................................................................... 38
2.2.5 Foster and Kinship Care Leave ............................................................... 40
2.2.6 Gender Transition Leave ......................................................................... 40
2.2.7 Compassionate Leave ............................................................................. 41
2.2.8 Family Violence Leave ............................................................................ 43
2.2.9 Long Service Leave ................................................................................. 44
2.2.10 Recognition of Prior Service .................................................................... 45
2.2.11 Accident Compensation Leave (Workcover) .......................................... 46
2.2.12 Miscellaneous Leave ............................................................................... 47
2.2.13 Purchased Leave ..................................................................................... 48
2.2.14 Leave to attend Alcohol, Drug or Gambling Rehabilitation Program ...... 49
2.2.15 Infectious Disease ................................................................................... 49
2.2.16 Dangerous Medical Conditions ............................................................... 49
2.2.17 Study Leave ............................................................................................. 49
2.2.18 Leave of Absence .................................................................................... 50
2.2.19 Cultural and Ceremonial Leave ............................................................... 50
2.2.20 Leave to Participate in the First Peoples' Assembly of Victoria .............. 51
2.2.21 Trade Union Training Leave .................................................................... 51
2.2.22 Occupational Health and Safety Representative Leave .......................... 51
2.2.23 Other Leave ............................................................................................. 52
2.3 Salary and Allowances............................................................................................ 52
2.3.1 Payment of Salaries ................................................................................ 52
2.3.2 Classification Structure and Salary Bands .............................................. 52
2.3.3 Agility Principles ...................................................................................... 53
2.3.4 Agility Payment ........................................................................................ 54
2.3.5 Whole of Job Salary……………………………………………………….… 54
2.3.6 VPS Salary Classification ........................................................................ 55
2.3.7 Public Holidays ........................................................................................ 56
2.3.8 Penalty Payments .................................................................................... 58
2.3.9 Penalty Payments for Casuals ................................................................ 60
2.3.10 Conditions Not Applying to Casuals ........................................................ 60
2.3.11 Superannuation Arrangements ............................................................... 60
2.3.12 Salary Packaging ..................................................................................... 61
2.3.13 Reimbursement of Expenses .................................................................. 61
2.3.14 First Aid Allowance .................................................................................. 62
2.3.15 Temporary Assignments (Higher Duties Allowance) ............................... 62
2.4 Training and Development ...................................................................................... 63
2.4.1 Performance, Development and Progression (PDP) .............................. 63
2.4.2 Performance Cycle .................................................................................. 63
2.4.3 Annual Performance and Development Plan .......................................... 64
2.4.4 Performance Standards........................................................................... 64
2.4.5 Tracking and Feedback ........................................................................... 64
2.5 Management of Unsatisfactory Work Performance ................................................ 64
2.6 Management of Misconduct .................................................................................... 69
3. Resolution of Disputes .................................................................................................. 74
3.1 Obligations .............................................................................................................. 74
3.2 Dispute Settlement Facilitation ............................................................................... 74
3.3 Discussion of Dispute ............................................................................................. 75
3.4 Internal Process ...................................................................................................... 75
3.5 Disputes of a Collective Character ......................................................................... 75
3.6 Conciliation ............................................................................................................. 75
3.7 Arbitration ................................................................................................................ 76
3.8 General Powers and Procedures of the FWC ........................................................ 76
4. Recruitment ..................................................................................................................... 76
4.1 Selection and Recruitment ...................................................................................... 76
4.2 Secure Forms of Employment ................................................................................ 76
4.3 Job Information ....................................................................................................... 76
5. Types of Employment .................................................................................................... 77
5.1 Part-Time Employment ........................................................................................... 77
5.2 Casual Employment – when it may be used........................................................... 78
5.3 Fixed Term Employment – When it may be used ................................................... 78
5.4 Confirmation of Expiry of Fixed Term Employment ................................................ 79
5.5 Casual and Fixed Term Audit ................................................................................. 79
5.6 Probationary Period ................................................................................................ 79
5.7 Supported Wage System ........................................................................................ 79
5.8 Redeployment ......................................................................................................... 79
6. Termination of Employment .......................................................................................... 80
6.1 Termination by NGV ............................................................................................... 80
6.2 Employee Resignation ............................................................................................ 80
6.3 Abandonment of Employment ................................................................................ 81
6.4 Statement of Employment ...................................................................................... 81
6.5 Rights Not Limited ................................................................................................... 81
7. General ............................................................................................................................ 81
7.1 Outside Employment............................................................................................... 81
7.2 Consultation ............................................................................................................ 81
7.2.1 Implementation of Change ...................................................................... 81
7.2.2 Consultation on Changes to Rosters or Hours of Work .......................... 83
7.3 Confidentiality and Intellectual Property ................................................................. 84
7.4 Paid Employees/Union Meetings ............................................................................ 85
7.5 Protection for Authorised CPSU Representatives .................................................. 85
7.6 Appropriate Access to Facilities .............................................................................. 85
7.7 Cost of Employment Related Legal Proceedings ................................................... 85
7.8 Facilities, Equipment and Accommodation – General ............................................ 86
7.9 Working from Home ................................................................................................ 86
7.10 No Extra Claims ...................................................................................................... 86
7.11 Right of Entry .......................................................................................................... 86
7.12 Policies and Procedures ......................................................................................... 86
7.13 CPSU SPSF Victorian Branch Council Members ................................................... 87
Schedule 1 ...................................................................................................................................... 88
Salaries – VPS Effective 20 March 2020 ............................................................................... 88
Salaries – VPS Effective 1 December 2020 ......................................................................... 89
Salaries – VPS - Effective 1 September 2021 ....................................................................... 90
Salaries – VPS Effective 1 June 2022 ................................................................................... 91
Salaries – VPS - Effective 1 March 2023 ............................................................................... 92
Salaries – VPS - Effective 1 December 2023 ....................................................................... 93
Schedule 2 ...................................................................................................................................... 94
Curators Adaptive Structure ................................................................................................... 94
Schedule 3 ...................................................................................................................................... 98
Classification Descriptors ....................................................................................................... 98
Schedule 4 .................................................................................................................................... 114
Supported Wage System ..................................................................................................... 114
Page | 1
1. About this Agreement
1.1 Title
This Agreement will be known as The Council of Trustees of the National Gallery of Victoria
Enterprise Agreement 2020.
1.2 Duration of the Agreement
This Agreement will come into operation 7 days after it is approved by the FWC, and will have a
nominal expiry date on 20 March 2024. The Agreement will remain in force until it is replaced with
another agreement.
1.3 Application of Agreement and Parties Covered
This Agreement covers:
(i) the NGV;
(ii) the Employees; and
(iii) the CPSU, where the CPSU gives notice in accordance with section 183(1) of the FW Act
and the FWC notes in its decision to approve this Agreement that it covers the CPSU.
For the avoidance of doubt, this Agreement does not cover or apply to Executive Officers
employed on individual contracts under the Public Administration Act 2004.
1.4 Conditions of Employment
The terms and conditions outlined in this Agreement will apply to Employees employed by the
NGV, or its successor, while this Agreement remains in force.
As part of the NGV’s commitment to continuous improvement, the NGV agrees to provide
information to Employees on their conditions of employment through induction and regular
dissemination of information.
The Extended Leave Scheme in clause 2.2.11 of The Council of Trustees of the National Gallery of
Victoria Enterprise Agreement 2016-2019 closes to new applications when this agreement comes
into effect. Arrangements entered into prior to this date will continue to operate in accordance with
Clause 2.2.11 of The Council of Trustees of the National Gallery of Victoria Enterprise Agreement
2016-2019.
1.5 Pay Alignment with Victorian Public Service (‘VPS’) and Career Structure
This Agreement reflects the ‘VPS Non-Executive Career Structure’, including the progression cycle
and review and performance standards as per the VPS Enterprise Agreement 2020.
1.6 No Disadvantage
No Employee will, on balance, have his, or her, overall pay and conditions reduced as a result of
making this Agreement.
In the event that any provisions set out in this Agreement are detrimental in any respect to an
Employee when compared to the provisions of the NES, the NES applies in lieu of the provisions in
this Agreement.
Page | 2
1.7 Anti-Discrimination
It is the intention of the Parties to this Agreement to achieve the principal object in Section 336(c)
of the FW Act through respecting and valuing the diversity of the workforce by helping to prevent
and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or
mental disability, marital status, family responsibilities, pregnancy, religion, political opinion,
national extraction or social origin.
Accordingly, in fulfilling their obligations under clause 3 'Resolution of Disputes', the Parties must
make every endeavour to ensure that neither the Agreement provisions nor their operation are
directly or indirectly discriminatory in their effects.
Nothing in this clause is to be taken to affect:
(i) any different treatment (or treatment having different effects) which is specifically
exempted under the Commonwealth anti-discrimination legislation;
(ii) an Employee, NGV or registered organisation pursuing matters of discrimination in any
State or Federal jurisdiction, including by application to the Australian Human Rights
Commission; and
(iii) the exemptions set out in the FW Act.
1.8 Equal Opportunity Employer
The NGV is an equal opportunity employer and abides by all legal requirements in this area. The
NGV is committed to providing a working environment free of discrimination where each Employee
has the opportunity to progress to the extent of their abilities.
Selection of Employees for employment, promotion or advancement, training and Employee
development will be on the basis of personal merit in fair and open competition and according to
the skills, qualifications, knowledge and efficiency relevant to the position involved.
1.9 Gender Equality
Gender Pay Equity Principles
The provisions of this Agreement are to be interpreted consistently with the following gender pay
equity principles:
(a) Establishing equal pay for work of equal or comparable value: Equal or comparable value
refers to work valued as equal in terms of skill, effort, responsibility and working
conditions. This includes work of different types.
(b) Freedom from bias and discrimination: Employment and pay practices are free from the
effects of unconscious bias and assumptions based on gender.
(c) Transparency and accessibility: Employment and pay practices, pay rates and systems
are transparent. Information is readily accessible and understandable.
(d) Relationship between paid and unpaid work: Employment and pay practices recognise
and account for different patterns of labour force participation by workers who undertake
unpaid and/ or caring work.
(e) Sustainability: Interventions and solutions are collectively developed and agreed,
sustainable and enduring.
(f) Participation and engagement: Workers, unions and employers work collaboratively to
achieve mutually agreed outcomes.
Page | 3
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 NGV 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 across
the NGV.
Claims relating to systemic gender equality issues
(a) A systemic gender equality issue means an issue of a systemic nature within the NGV,
which adversely affects a class or group of employees of the NGV relating to:
(i) The gender composition of any or all workforce levels of the NGV; 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 NGV, irrespective of gender; or
(iv) Sexual harassment in the workplace; or
(v) Recruitment and promotion practices in the workplace; or
(vi) Availability and utilisation of terms, conditions and practices in the workplace
relating to family violence leave, flexible working arrangements and working
arrangements supporting Employees with family or caring responsibilities; or
(vii) Gendered workplace segregation.
(b) The 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 NGV.
(d) In the first instance the Claim should include sufficient detail for the NGV 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 NGV must meet and discuss the Claim with the Claimant prior to responding to the
Claim.
(f) The NGV must respond to the Claim in writing to the Claimant, within a reasonable time,
including enough details in the response to allow the Claimant to understand the NGV’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 NGV and the Claimant/s, either the
Claimant/s or the NGV 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; and
(ii) Must be objective and free from assumptions based on gender; and
Page | 4
(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 NGV or the Claimant;
and
(vii) Must consider evidence that the Claim may not be isolated to the NGV subject to the
Claim but may affect Employees from other public sector employers not covered by
this Agreement; and
(viii) May jointly deal with a Claim and any other dispute which has been referred to the
Commissioner which relates to the same or similar systemic gender equality issues;
and
(ix) Must consider the views of the Claimant prior to jointly dealing with multiple Claims or
disputes; and
(x) May otherwise deal with the Claim in any way the Commissioner considers
appropriate, consistent with the requirements of the Gender Equality Act 2020 (Vic).
This can include mediation, conciliation, making recommendations or offering
opinions.
(i) If a Claim is unable to be resolved by the Commissioner, either the Claimant or the NGV
may refer the Claim to the FWC for resolution pursuant to clause 3 – Resolution of Disputes.
(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 NGV may choose to be represented at any stage by a representative,
including a Union representative or Employer’s organisation.
(l) The Claimant and the NGV 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 NGV of
this concern and has not unreasonably failed to comply with a direction by the NGV to
perform other available work that is safe and appropriate for the Employee to perform. No
party will be prejudiced as to the final settlement of the Claim by the continuance of work in
accordance with this clause.
Gender Equality Action Plans
The NGV will consult with the Union in the preparation of Gender Equality Action Plans under the
Gender Equality Act 2020 (VIC).
Page | 5
1.10 Review of NGV Enterprise Agreement Format
The parties to this Agreement agree to review the format and wording of this Agreement during the
lifetime of this Agreement to ensure consistency, clarity and ease of reference. The revised
formatting and wording will be the basis of the next agreement proposed for negotiation in 2024.
1.11 Service Delivery, Efficiencies and Productivity
The parties acknowledge that significant productivity gains and service delivery improvements
undertaken by NGV Management and Employees help to strengthen and adapt the services,
programs, exhibitions and events that the NGV offers.
The parties to this Agreement recognise the mutual commitment to the highest standards of
service and excellence for the NGV as a world-leading arts and cultural institution.
The parties to this agreement will work collaboratively over the life of this agreement to
identify suitable initiatives, consider efficiency measures and organisational capability for the
benefit of the National Gallery of Victoria, its employees and clients, and to provide high-quality
services to our key stakeholders, within overarching budgetary and financial imperatives.
Matters which may be relevant include:
(a) work organisation, job design and work patterns;
(b) training and skill development;
(c) technology and resources; and
(d) occupational health & safety initiatives.
This clause is subject to other provisions of the Agreement and nothing in this clause overrides the
parties’ obligations under clause 7.2 ‘Consultation’.
1.12 Occupational Health & Safety
The National Gallery of Victoria acknowledges and supports the rights of Employees to work in an
environment which is, so far as reasonably practicable, safe and without risks to health, safety and
welfare.
The Parties to this Agreement will comply with the relevant Occupational Health and Safety (OHS)
legislation and Codes, and NGV’s OHS policies, procedures and guidelines.
The NGV is committed to taking a holistic and inclusive approach to supporting mental health at
work, promoting positive mental wellbeing, preventing mental injury and, where mental injury or
mental illness occurs, supporting recovery.
1.12.1 Employee support and debriefing
The NGV will provide support and debriefing to Employees who have directly or
vicariously experienced a “critical incident” during the course of the work that results in
personal distress or psychological trauma. The NGV is committed to assisting the
recovery of Employees experiencing distress or trauma following a critical incident with
the aim of returning Employees to their pre-incident level of functioning as soon as
possible.
A critical incident is defined as an event outside the range of usual human experience
which has the potential to easily overcome a person's normal ability to cope with stress. It
may produce a negative psychological response in an Employee who was involved in or
Page | 6
witnessed, or otherwise deals with and/or is exposed through their course of their duties
to the details of such an incident.
Critical incidents in the workplace environment include, but are not limited to:
a. aggravated assaults; or
b. robbery; or
c. suicide or attempted suicide; or
d. murder; or
e. sudden or unexpected death; or
f. hostage or siege situations; or
g. discharge of firearms; or
h. vehicle accidents involving injury and/or substantial property damage; or
i. acts of self-harm by persons in the care of others; or
j. industrial accidents involving serious injury or fatality; or
k. accounts of sexual violence; or
l. accounts of child abuse and domestic violence; or
m. any other serious accidents or incidents.
1.13 Bullying and Violence at Work
The Parties to this Agreement are committed to working together to reduce bullying in the
workplace.
NGV commits to reviewing the outcomes of the advisory group established to review pilot
mitigation strategies to reduce bullying and its consequences as outlined in the Victorian Public
Service Enterprise Agreement 2016.
1.14 Definitions
Subject Explanation
Accredited Representative
of the CPSU
An officer or employee of the CPSU or a workplace delegate
or accredited authorised officer of the CPSU.
Additional Hours Hours worked in addition to standard daily hours.
Agreement The Council of Trustees of the National Gallery of Victoria
Enterprise Agreement 2020.
Annual Leave Full-Time Employees are entitled to four weeks (152 hours)
paid Annual Leave per year for each Calendar Year of
service, or on a Pro-rata basis for any period of employment
which is less than one Calendar Year. Part-Time Employees
accrue Annual Leave on a pro-rata basis.
Page | 7
Subject Explanation
Annual Leave Loading Employees at VPS 4 classification or below are entitled to
receive an Annual Leave Loading payment in relation to
each hour of Annual Leave taken (other than Converted
Leave and Purchased Leave).
Calendar Year 1st January to 31st December inclusive.
Carer's Leave Leave to provide care or support to an Immediate Family or
Household Member of the Employee who requires care or
support because of a personal illness or personal injury
affecting the member or an unexpected emergency affecting
the member.
Career Structure Victorian Public Sector Non-Executive Career Structure.
Positions will be classified within the VPS Structure based on
work value. Classifications are divided into Grades and
Value Ranges as outlined in Appendix 1.
Casual Employee An Employee engaged on an irregular or intermittent basis
who is engaged on an hourly basis and is paid for hours
worked but does not include a Full-Time or Part-Time
Employee.
Child Employee’s child or adult child, including an adopted child, a
step child or a child in accordance with section 17(1) of the
FW Act.
Classification and Value
Range Standard
Descriptors
Standard Descriptors provide an indicative summary of the
range of typical work descriptors, features, skills and
attributes and typical duties for each classification, to enable
positions to be classified at a particular level within the VPS
structure. Value Range Descriptors indicate the differing
levels of complexity within grades.
Code of Conduct (VPS) Code of Conduct for Victorian Public Sector Employees.
Conciliator/Mediator A person engaged by the NGV to assist in resolving a
dispute.
Continuous Service Work for the NGV on a regular and systematic basis
(including any period of authorised leave) and any period of
Recognised Prior Service.
Converted Leave 38 hours of accumulated Time in Lieu, which has been
converted into one week’s leave. Converted leave does not
attract Annual Leave Loading.
CPSU Community and Public Sector Union
Employees Non-executive Employees employed within VPS
classifications 1 - 7 by the NGV, or its successor, while this
Agreement remains in force.
Page | 8
Subject Explanation
Employment Year 12 months from the date of an Employee commencing
employment with the NGV (or conversion from casual to full
or part time employment) and subsequent anniversaries of
the commencement of employment.
External Complying Fund Superannuation fund that meets the complying funds
requirements of the Superannuation Guarantee
Administration Act 1992 (Cth).
FW Act The Fair Work Act 2009 (Cth), as may be amended from
time to time and any successor to that Act.
FWC Fair Work Commission, or its successor.
Family Member Refer to definition of Immediate Family or Household
Member
Financial Year 1st July to 30th June inclusive.
Full-Time Employee Person employed on the basis of an average of 76 hours per
fortnight.
Fixed Term Employee An Employee engaged by the NGV with a beginning and end
date of Employment.
Flexitime Flexible working hours which may be worked by mutual
agreement between an Employee and their Manager, subject
to operational/role requirements. This includes the ability to
accrue additional hours (over and above Ordinary Hours)
which can then be taken as Time in Lieu on an hour for hour
basis, subject to management approval. There is also
flexibility for an Employee to carry up to 7.6 (7 hours 36
minutes) working hours in “debit” provided that these
outstanding hours are worked and the debt brought back to
zero hours within a reasonable and mutually agreed
timeframe.
Grade Range Positions are classified into Grade Ranges, based on work
requirements. Grade Ranges are aligned with the VPS Non-
Executive Career Structure Grade Range, which provides for
six graded levels and a senior technical specialist level.
Movement between Grades can only occur via the
mechanism of Work Value Review. Grade ranges are divided
into Value Ranges.
Grievance & Dispute
Resolution
A formal and objective process for raising and resolving
workplace grievances and disputes.
Higher Duties Allowance A payment paid to an Employee assigned additional duties
for a limited period at a higher classification.
Page | 9
Subject Explanation
Hourly Rate Fortnightly salary divided by 76 if Full-Time or standard
fortnightly hours if Part-Time Employee.
Immediate Family or
Household Member
Includes a member of the Employee’s household, the
Employee’s spouse or same sex partner (including the
Employee’s former spouse, de facto spouse or former de
facto spouse), the child or adult child (including an adopted
child or, a step child), parent, grandparent, grandchild or
sibling of the Employee or their spouse. The Employee’s de
facto spouse means a person who lives with the Employee
on a bone fide domestic basis, although not legally married
to the Employee.
Increment Also known as Progression Step/Salary Point.
Information Information includes, but is not limited to, information
(whether in writing or otherwise) given to, or gained by an
Employee, whether before or during any period of
employment by the NGV, that relates to the NGV, its
business, customers, suppliers, clients, benefactors,
sponsors, business affairs, contractual arrangements,
marketing, research, sales, price information, financing,
products, inventions, designs, processes and Works.
International Travel
Allowance
An allowance paid to Employees travelling overseas in the
course of their duties, which is intended to cover meals and
incidental costs associated with such travel.
Letter of Offer An offer by NGV to a prospective Employee that specifies
the terms of an employment arrangement.
Long Service Leave Long Service Leave is paid leave accrued during continuous
employment with the NGV (including any prior service
recognised).
Long Term Casual
Employee
A casual Employee who has been employed on a regular
and systematic basis by the NGV for a sequence of periods
of employment during a period of at least 12 months.
Make Up Pay An Employee who 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
will receive a subsidy payment from the NGV which is equal
to the pay the Employee would receive for paid leave, less
the amount of the weekly payments of compensation.
Manager Person responsible for the management of a defined
operational/organisational function and/or the supervision of
one or more Employees or volunteers.
NGV The Council of Trustees of the National Gallery of Victoria.
Page | 10
Subject Explanation
NES National Employment Standards as contained in the FW Act.
Ongoing Employment Employment to which there is no end date expressed.
Ongoing Employment may be either full-time or part-time
(not exceeding 75 hours per fortnight).
Ordinary Hours For an Employee, hours worked during the specified or
agreed standard hours of work or span of hours or, for
Rostered Employees, in accordance with roster, not
including Overtime or Additional Hours.
Ordinary Pay Employee’s ordinary weekly or fortnightly pay for hours
normally worked excluding overtime or penalties.
Overtime Hours worked, at the direction of NGV, which are in addition
to an Employee’s Ordinary Hours. An Employee who works
Overtime must be paid at the appropriate overtime rate, or
may request that Time in Lieu be granted.
Part-Time Employee A Part-Time Employee is an Employee who is engaged to
work less than 76 hours per fortnight or an average of less
than 76 hours per fortnight and who has reasonably
predictable hours of work.
Parties Means the parties covered by this agreement that is: the
NGV, the Employees and the CPSU.
Performance Pay A performance-based Salary increase awarded to
Employees through the PDP and for which all further
increases are calculated or a top of grade or value range
payment.
Performance, Development
and Progression Plan
(PDP)
Formal documented annual Employee work plan, which
forms the core of the NGV’s annual Performance review and
management cycle.
Personal Leave Leave which may be taken if an Employee is unfit for work
because of personal illness or injury.
Probation Employees employed on an Ongoing or Fixed Term basis
will be subject to a probationary period of three calendar
months from date of commencement which may be subject
to a further period of extension.
Pro-rata A calculation based on a portion basis to full-time standard
salary or leave accrued.
Progression Cycle The yearly cycle in which the Performance Development and
Progression Plan system operates. It covers the period from
1 July to 30 June each year.
Page | 11
Subject Explanation
Progression Step / Salary
Point
The Value Ranges of Grades 1 to 4 are divided into
Progression Steps, which are expressed as Salary Points.
Progression Steps are not points of defined work value.
Progression between steps occurs when the Employee is
assessed as part of the PDP process as meeting the
Progression criteria. Progression steps/Salary Points are
aligned with the VPS Salary and Career Structure.
Public Administration Act Public Administration Act 2004 (Vic) or that Act as amended
from time to time or any successor to that Act.
Public Holiday A day that is a public holiday pursuant to clause 2.3.77.
Recall to Duty Where an Employee is required to return to work outside
Ordinary Working Hours, as a result of unforeseen, urgent or
business-critical events/tasks which cannot be performed at
any other time.
Registered Practitioner Means one of the following: Doctor of Medicine; Dentist;
Physiotherapist; Chiropractor; Osteopath; Psychologist;
Podiatrist; Optometrist; or practitioner registered by the
Chinese Medicine Registration Board of Victoria.
Replacement Employee An Employee who is specifically engaged or temporarily
acting on higher duties or transferred duties, as a result of
another Employee proceeding on Parental Leave.
Remuneration An Employee’s annual Salary.
Role Statement A written statement that describes the main objectives of a
job, essential functions, job qualifications, and other related
information. It describes duties and responsibilities of the
role, as well as any qualifications, skills and experience
required to perform the role.
Rostered Employee An Employee whose Ordinary Hours include week-ends and
Public Holidays.
Salary The base wage or salary rate (not inclusive of any payments
of overtime, shift work etc.) including all Progression Steps or
Standard Progression Amounts, which an Employee may
receive in the normal course of their duty.
Salary Sacrifice An amount of pre-tax salary that an Employee decides to
contribute to super or allocate to a fringe benefit instead of
taking it as cash salary.
Spouse Employee’s partner and includes 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.
Page | 12
Subject Explanation
Standard Day 7.6 hours (7 hours and 36 minutes) with a 45 minute unpaid
lunch break.
Standard Hours 76 hours per fortnight over a fourteen day cycle
Standard Progression
Amounts
Within Grades 5 to Senior Technical Specialist there are
Standard Progression Amounts expressed in dollars which
are common to Employees within a given Grade/Value
range. Standard Progression Amounts are not points of
defined work value. These amounts are obtained when the
Employee is assessed as part of the PDP process as
meeting the Progression criteria. Standard Progression
amounts are aligned with the VPS Salary and Career
Structure.
Superannuation Guarantee
Charge
The Superannuation Guarantee Charge (SGC) scheme
began on 1 July 1992 and regulates the minimum level of
superannuation payable to Employees.
Time in Lieu Leave time granted in lieu of payment for Overtime hours
worked.
Union Representative Means an officer or employee of a Union or a workplace
delegate accredited by an authorised officer of a Union to
represent Employees.
Value Range Grades are divided into Value Ranges. A Value Range within
a Grade delineates between the entry level of the grade at
Value Range 1 and the increased complexity of the position
at Value Range 2. Employees and/or positions can move
between Value Ranges, provided that they can demonstrate
a relevant increase in the scope of their work role, and
successful performance of these role requirements.
VPS Victorian Public Service.
VPS Career Structure Victorian Public Service Employee Career and Performance
Management System.
Whole of Job
(remuneration)
A Salary inclusive of all allowances.
Works Works includes, but is not limited to, programmes, systems,
marketing techniques, customer, supplier, client, benefactor
or sponsor information, catalogues, research, publications,
books, manuals, designs, materials, records, secret
processes or improvements in procedure.
Work Cycle The agreed cycle of days to be worked by an Employee,
including starting and finishing times, appropriate breaks and
average length of day.
Tony Ellwood
Director
National Gallery of Victoria
180 St Kilda Road
Melbourne Vic 3004
Subject Explanation
Work Value Review Objective method of evaluating job complexity, knowledge
and skills required and level of responsibility.
Signatories
Signed by:
Wayne Townsend
Branch Assistant Secretary
Community & Public Sector Union
Level 4/128 Exhibition Street
Melbourne Vic 3000
Date:
Witness Witness
Page 13
29 October 2021
Subject Explanation Work Value Review Objective method of evaluating job complexity, knowledge and skills required and level of responsibility. Signatories Signed by: Alwood Tony Ellwood Wayne Townsend Director Branch Assistant Secretary National Gallery of Victoria Community & Public Sector Union 180 St Kilda Road Level 4/128 Exhibition Street Melbourne Vic 3004 Melbourne Vic 3000 Date: 27/10/21 Date: OllBaker ..... Witness Witness Page | 13
WC our
C
Page | 14
2. Terms & Conditions of Employment
2.1 Hours of Work
2.1.1 Ordinary Hours of Work
The Standard Hours of full time work shall be 76 hours over any 14 day cycle with the
standard daily hours being 7.6 (7 hours 36 minutes), exclusive of a 45 minute unpaid
lunch break.
Unless otherwise agreed, Employees will not work more than five consecutive days out of
any seven; and in any fourteen day cycle will have four days off.
The NGV must not require an Employee to perform Ordinary Hours of work outside the
times of 7.00 am to 7.00 pm on any weekday or perform Ordinary Hours of work on
Saturdays, Sundays or Public Holidays, without attracting penalty payments.
For those roles, that may be classed as Trades roles, (i.e. electricians, plumbers etc), the
NGV must not require an Employee to perform Ordinary Hours of work outside the times
of 6.00 am to 6.00 pm on any weekday or perform Ordinary Hours of work on Saturdays,
Sundays or Public Holidays, without attracting penalty payments.
The initially agreed Work Cycle for full and part time employees may be varied by:
(a) agreement between the Employee and the NGV and must involve consideration of
the operational requirements, occupational health & safety issues, Employee family
commitments and the needs of both parties; or
(b) by the NGV for operational requirements by giving four weeks' notice, following the
consultation process outlined in clause 7.2.2 ‘Consultation on Changes to Rosters
or Hours of Work’. A lesser notification period may apply, if mutually agreed.
Either party may initiate a variation to the agreed Work Cycle. Any substantial variation
to the Work Cycle should involve a mutually acceptable notice period, of not less than five
working days.
A minimum shift for all Employees will be at least three consecutive hours in any day
worked.
Page | 15
2.1.2 Flexible Work
The Parties are committed to providing a range of flexible working arrangements to give
Employees a meaningful level of control over when, where and how work is
accomplished.
These reflect a genuine commitment to support both individual flexibility and business
performance needs, while recognising that not all forms of flexibility will be suitable for all
roles at any time.
Several provisions in this Agreement are available to facilitate an individual’s need for
flexibility, consistent with business requirements and legislative obligations.
Clause Title Summary of entitlement (see clause
for full entitlement and any conditions)
2.1.3 Individual Flexibility
Arrangement (IFA)
An IFA may vary the effect of clause
2.1.1 (Ordinary Hours of Work)
2.1.4 Right to Request Flexible
Working Arrangements
Under s65 of the FW Act Employees in
circumstances as defined in the
legislation may request flexible working
arrangements
5.1 Part-Time Employment Part time employment may be worked by
agreement between the Employee and
the NGV
7.9 Working from Home An individual Employee and the NGV
may agree to work from home on a case
by case basis
2.1.5 Flexible Working Hours:
“Flexitime"
An Employee (other than a Rostered
Employee) can agree with the NGV to
work their ordinary hours flexibly, within
the span of hours, to best meet the
NGV’s work requirements and the
Employee’s personal and/or family
circumstances. This may include, for
example, working compressed hours
2.2.13 Purchased Leave An Employee and the NGV may agree to
work less than 52 weeks per year to
increase the amount of leave available
2.2.8 Family Violence Leave An Employee experiencing family
violence has an entitlement to additional
leave and may request flexible work
arrangements
2.2.3 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
Page | 16
2.1.3 Individual Flexibility Arrangements
An Employee and the NGV may enter into an individual flexibility arrangement pursuant
to this clause in order to meet the genuine needs of both the Employee and the NGV. An
individual flexibility arrangement must be genuinely agreed to by the Employee and the
NGV.
An individual flexibility arrangement may vary the effect of clause 2.1 'Hours of Work'. An
Employee may nominate a representative to assist in negotiations for an individual
flexibility arrangement.
The NGV must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the FW Act; and
(b) are not unlawful terms under section 194 of the FW Act; and
(c) result in the Employee being better off overall than the Employee would be if no
arrangement was made.
The NGV must ensure that an individual flexibility arrangement is in writing and signed by
the Employee and NGV. If the Employee is under 18, the arrangement must also be
signed by a parent or guardian of the Employee.
The NGV must give a copy of the individual flexibility arrangement to the Employee within
14 days after it is agreed to.
The NGV must ensure that any individual flexibility arrangement sets out:
(a) which terms of this Agreement will be varied by the individual flexibility
arrangement;
(b) how the individual flexibility arrangement will vary the effect of the terms of this
Agreement;
(c) how the Employee will be better off overall in relation to the terms and conditions of
their employment as a result of the individual flexibility arrangement;
(d) the day on which the individual flexibility arrangement commences;
(e) provides for the individual flexibility arrangement to be terminated:
(i) by either the Employee or NGV giving a specific period of written notice, with
the specified period being not more than 28 days; or
(ii) at any time by written agreement between the Employee and NGV.
2.1.4 Flexible Working Arrangements – Specific Circumstances
Section 65 of the FW Act provides that an Employee may request a change in their
working arrangements in any of the following circumstances:
(a) the Employee is the parent, or has responsibility for the care, of a Child who is of
school age or younger; or
(b) the Employee is a carer (within the meaning of the Carer Recognition Act 2010); or
(c) the Employee has a disability; or
(d) the Employee is 55 or older; or
Page | 17
(e) the Employee is experiencing violence from a member of the Employee’s family; or
(f) the Employee provides care or support to a member of the Employee’s Immediate
Family, or a member of the Employee’s household, who requires care or support
because the member is experiencing violence from the member’s family.
Note: Examples of changes in working arrangements include changes in hours of work,
changes in patterns of work and changes in location of work.
To avoid doubt, and without limiting the above, an Employee may request to work part-
time to assist the Employee to care for the Child if the Employee:
(a) is a parent, or has responsibility for the care, of a Child; and
(b) is returning to work after taking leave in relation to the birth or adoption of the
Child;
A casual Employee is not entitled to make a request under this clause unless the
Employee:
(a) is a Long Term Casual Employee of the NGV immediately before making the
request; and
(b) has a reasonable expectation of continuing employment by the NGV on a regular
and systematic basis.
A request made under this clause must be made in writing and set out details of the
change sought and the reasons for the change.
Before responding to a request, the NGV must discuss the request with the Employee
and genuinely try to reach agreement on a change in working arrangements that will
reasonably accommodate the Employee’s circumstances having regards to:
(a) the needs of the Employee arising from their circumstances; and
(b) the consequences for the Employee if changes in working arrangements are not
made; and
(c) any reasonable business grounds for refusing the request.
On receipt of a request by an Employee under this clause, the NGV must give the
Employee a written response within 21 days, stating whether the NGV grants or refuses
the request.
The NGV may only refuse the request on reasonable business grounds.
Without limiting what are reasonable business grounds for the purposes of this clause,
reasonable business grounds include any of the following:
(a) that the new working arrangements requested by the Employee would be too
costly for the NGV; or
(b) that there is no capacity to change the working arrangements of other Employees,
or recruit new Employees, to accommodate the new working arrangements
requested by the Employee; or
(c) that it would be impractical to change the working arrangements of other
Employees, or recruit new Employees, to accommodate the new working
arrangements requested by the Employee; or
Page | 18
(d) that the new working arrangements requested by the Employee would be likely to
result in a significant loss in efficiency or productivity; or
(e) that the new working arrangements requested by the employee would be likely to
have a significant negative impact on customer service.
If the NGV refuses the request, the written response under this clause must include:
(a) details of the reasons for the refusal, including the business grounds or ground for
the refusal and how the ground or grounds apply, and
(b) whether or not there are any changes in working arrangements that the NGV can
offer the employee so as to better accommodate the Employee’s circumstances;
and
(c) if the NGV can offer the employee such changes in working arrangements, set out
those changes in working arrangements.
If the NGV and Employee reached an agreement under this clause on a change in
working arrangements that differs from that initially requested by the Employee, the NGV
must provide the Employee with a written response to their request setting out the agreed
change or changes in working arrangements.
2.1.5 Flexible Working Hours: “Flexitime”
Full-Time and Part-Time Employees, with the exception of Rostered Employees, are
eligible to access flexitime provisions, subject to Manager approval. Approval of flexible
working hours is determined on the basis of operational requirements as a first
consideration. Such approval will not be unreasonably withheld.
An Employee must work more than their contracted hours over a 14 day cycle. The
maximum number of hours a Full-Time Employee can carry in credit is 38 hours. The
maximum number of hours an Employee can be in debit is 7.6 hours (7 hours and 36
minutes).
Part time Employees must work an average of their contracted Ordinary Hours in any
cycle within the period of 7.00am to 7.00pm, or 6.00am to 6.00pm for those roles classed
as Trades roles, and can accrue flexitime in the same fashion as for Full Time
Employees, but on a Pro-rata basis.
Accrued flexitime must be taken with the agreement of the Employee’s Manager, subject
to the work requirements of the NGV. Agreement will not be unreasonably withheld.
No Employee will be required to forfeit accrued flexitime. Where an Employee is deemed
likely to accrue more than 38 hours credited flexitime, arrangements must be made
between the Employee and Employer that allows the Employee to take the accrued time.
Flexitime may not be converted to leave or time in lieu and may not be paid out.
2.1.6 Christmas Closedown
The NGV may closedown part or all of its operations from the first working day after
Christmas Day to the first working day after New Year’s Day (closedown period).
Where the NGV intends to closedown part or all of its operations for the closedown
period, the NGV:
(a) will notify relevant Employees in writing of this intention no later than
1 October of the year in which the closedown is to take place;
Page | 19
(b) will request relevant Employees to utilise any accrued time in lieu, annual leave,
purchased or converted leave or additional hours accrued under a flexible working
arrangement; and
(c) may require a minimum level of staffing to meet the operational requirements of the
workplace.
If there are insufficient expressions of interest from relevant Employees to give effect to the
closedown period, the following process will be applied, in order:
(i) the NGV may direct an Employee who has over 8 weeks’ annual leave to take
annual leave during the closedown period;
(ii) the NGV may then direct an Employee with accrued time in lieu to take that leave
during the closedown period.
The NGV will provide at least 4 weeks’ notice of any direction to take leave, under this
clause.
Where an Employee has insufficient leave or time in lieu, the NGV may agree to
temporarily alter the ordinary working arrangements of the Employee to allow the
Employee to bank sufficient time to cover their absence. This clause also applies to
Employees classified at VPS Grade 5 or higher.
2.1.7 Rest Breaks
Employees should take a minimum 30 minute unpaid rest break at the completion of
every five hours worked. A minimum break of 10 hours will be observed between shifts.
Except in an emergency, an Employee must not be required to perform:
(a) a further period of Overtime duty, or
(b) a further period of Ordinary Hours, or
(c) a further period of scheduled Recall/ On-call duty,
where:
(i) either the Employee has not been provided with a 10 hour rest period between the
time of completion of one period of duty and the commencement of the next, or
(ii) the Employee has not been provided with a 10 hour rest period within the
preceding 24 hours from the time of commencement.
The NGV must not make a deduction from normal Salary where an Employee is released
from normal duty to enable the Employee to observe a rest break set out above. An
Employee required to work, as a result of an emergency situation, during or after a rest
period is due, will receive Overtime in accordance with this Agreement for all time worked
until a rest period of at least 10 continuous hours duration is taken.
2.1.8 Workload
The NGV acknowledges the benefits to both the organisation and individual Employee
gained through Employees having a balance between both their professional and family
life.
The NGV 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.
Page | 20
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 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, the
NGV must give the Employee a written response within 21 days, stating whether the NGV
agrees to or refuses the request.
If the NGV refuses the request for a review, the written response outlined above must
include details of the reasons for the refusal.
If the NGV agrees to the request, a review of the workload of the Employee or group of
Employee’s will be conducted.
Following the completion of the review, the Employee or group of Employees and the
NGV 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.
2.1.9 Overtime
Overtime means the hours worked, at the direction of the NGV, which are in addition to
an Employee’s Ordinary Hours of work on any day established in accordance with clause
2.1.1 ‘Ordinary Hours of Work’.
Part Time Employees employed at Grade 4 and below are eligible for the payment of
Overtime for all time worked in excess of the ordinary hours as outlined in clause 5.1 –
Part-Time Employment. The Overtime will be paid at the rates prescribed in clause
2.1.11(b).
Any Overtime must be approved in writing by the Employee’s Manager. There is an
expectation that Overtime is approved prior to actually working the overtime, however, in
exceptional or unexpected circumstances, retrospective approval will not be
unreasonably withheld. The allocation of work must be in accordance with the provisions
outlined in clause 2.1.6 ‘Workload’.
2.1.10 Reasonable Hours of Work
The NGV may require an Employee to work reasonable Overtime at Overtime rates.
An Employee may refuse to work Overtime in circumstances where the working of such
Overtime would result in the Employee working hours which are unreasonable having
regard to:
(a) any risk to the Employee’s health and safety;
(b) the Employee’s personal circumstances including family responsibilities;
(c) the needs of the workplace;
(d) the notice (if any) given by the NGV of the Overtime and by the Employee of their
intention to refuse it; and
(e) any other relevant matter.
Page | 21
2.1.11 Requirement to Pay Overtime
An Employee who works Overtime must be paid at the appropriate Overtime rate
specified in clause 2.1.11(c) ‘Overtime Rates of Payment’. Exceptions are provided at
clause 2.1.11(a) below.
For the avoidance of doubt, payment of Overtime will be the default position. However,
an Employee may request that Overtime is recognised and granted as Time in Lieu,
rather than as a salary payment. If the NGV agrees, Time in Lieu of payment will accrue
at the rate specified in clause 2.1.11(c) below.
(a) Exceptions
Employees classified as Grade 5 or higher are not eligible for payment in relation
to additional hours worked, but are eligible for accrual of Time in Lieu for additional
hours worked.
(b) Overtime – Rates of Payment
Where an Employee is paid for Overtime work pursuant to clause 2.1.11
‘Requirement to pay overtime’ the following Overtime rates will be paid:
Monday to Friday (inclusive) except Public Holidays
First 3 hours 50% additional (time and a half) of the hourly rate
for each hour worked
Hours thereafter 100% additional (double time) of the hourly rate for
each hour worked
Weekends except Public Holidays
All hours worked 100% additional (double time) of the hourly rate for
each hour worked
Public Holidays
All hours worked 150% additional (double time and a half) of the
hourly rate for each hour worked
(c) Overtime – Rate of Accrual for Time in Lieu
Where an Employee is granted Time in Lieu for Overtime worked, the time will
accrue on the following basis:
(i) in the case of Overtime worked Monday to Friday – on an hour for hour
basis; and
(ii) in the case of Overtime worked on weekends or Public Holidays - two hours
of time in lieu per hour worked.
(d) Application for Time in Lieu
Application for Time in Lieu must be lodged by the end of the fortnight following the
fortnight in which it was earned.
Page | 22
An Employee and the NGV may agree in writing to the Employee taking time off
instead of being paid for a particular amount of overtime that has been worked by
the Employee.
Any amount of overtime that has been worked by an Employee in a particular pay
period and that is to be taken as time off instead of the Employee being paid for it
must be subject of a separate agreement. An agreement must state each of the
following:
(i) the number of overtime hours to which it applies and when those hours
were worked;
(ii) that the NGV and Employee agree that the Employee may take time off
instead of being paid for the overtime;
(iii) that. If the Employee requests at any time, the NGV must pay the
Employee, for overtime covered by the agreement but not taken as time
off, at the overtime rate applicable to the overtime when worked;
(iv) that any payment mentioned above must be made in the next pay period
following the request.
A copy of this agreement must be kept by the NGV as an employee record.
Time in Lieu is to be taken by mutual agreement. The NGV will endeavour to
permit the Employee to take Time in Lieu at a time of the Employee’s choosing.
Time in Lieu may accumulate to a maximum of 38 hours. Any Employee who has
accumulated 38 hours of Time in Lieu must be paid overtime for any additional
overtime hours worked.
Time in Lieu must be taken within six months of accrual. The NGV must allow the
Employee to take the Time in Lieu within the six months. However, if the Time in
Lieu is not taken within this period, the Time in Lieu will automatically be paid out to
the Employee.
An Employee may convert 38 hours of accrued Time in Lieu to one week’s
Converted Leave providing that they do not have more than 25 days’ accrued
Annual Leave at the time of conversion. This provision may be accessed once in
any Employment Year. Converted Leave does not attract leave loading.
Upon termination of employment the Employee will be paid out in accordance with
this clause.
(e) Overtime – Minimum Period
Employees must be paid (unless Time in Lieu is agreed) on an hour-for-hour basis
(including reasonable travel time) when they are either Recalled to Duty or on
Stand-by based Overtime. In all other instances of stand alone Overtime, a
minimum period of three hours will apply.
There is no entitlement to travelling allowances or Overtime for the time an
Employee spends travelling to and from their normal place of employment when
working Overtime.
(f) Overtime Meal Allowances
An Employee that is required to work a period of Overtime which is more than two
hours and takes a meal break of not less than 20 minutes taken prior to completing
the Overtime or is prevented from taking the meal break due to safety
Page | 23
requirements will receive a meal allowance. The rates of payment for an
Employee required to work Overtime and entitled to a meal payment under this
clause are:
Date of Effect Amount
20 March 2020 $21.70
1 December 2020 $22.00
1 September 2021 $22.30
1 June 2022 $22.60
1 March 2023 $22.95
1 December 2023 $23.15
2.1.12 Childcare
Where Employees are required by the NGV to work outside their Ordinary Hours of work
and where less than 24 hours’ notice of the requirement to perform such overtime work
has been given by the NGV, the Employee will be reimbursed for reasonable childcare
expenses incurred. Evidence of expenditure by the Employee must be provided to the
NGV as soon as possible after the working of such overtime.
2.2 Leave
2.2.1 Annual Leave
A Full-Time Employee is entitled to four weeks paid Annual Leave for each year of
employment, or on a Pro rata basis for any period of Employment which is less than one
Calendar Year. The entitlement accrues on a daily basis. Employees may request and
the NGV may agree that one or more days of accrued Annual Leave be taken on half
pay. Rostered Employees, whose ordinary duty includes at least 10 Sundays during the
Annual Leave accrual year, are eligible to accrue an additional one week’s Annual Leave
at the rate of 3.8 hours per Sunday worked, to a maximum of 10 Sundays. Part-Time
Employees will accrue Annual Leave on a Pro-rata basis. Employees are only eligible to
access actual accrued Annual Leave. Annual Leave will be taken at a time that suits both
the Employee and the NGV.
As a general rule, the full year’s entitlement must be utilised within 12 months of accrual.
By agreement between the NGV and the Employee, leave may be deferred beyond that
date, provided that a documented leave management plan is in place, signed by both the
Employee and their Manager, in consultation with the Human Resources Department.
Unless documented exceptional circumstances apply, the maximum duration of a leave
management plan should be no longer than 18 months. If a leave management plan is
not agreed or implemented, then the Employee may be directed to take leave once their
accrual level is greater than eight weeks.
(a) Annual Leave Loading
All Employees are eligible for leave loading to be paid at the time of taking the
leave. Those Employees above VPS 4 classification are entitled to receive Leave
Loading for each hour of leave taken to a capped rate of 17.5% of the VPS 4.1.7
salary level. When absent on Annual Leave, Employees whose ordinary hours of
work regularly fall on a Saturday or Sunday receive either the 17.5% loading or
weekend penalties depending on which option has the most monetary value.
Page | 24
2.2.2 Personal/Carer's Leave
Definitions
In this clause:
Assistance Animal means an animal formally trained to assist a person with a disability
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 NGV 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.
Entitlement:
(a) 15 days per year for each year of service for Full-Time Employees.
(b) Part-Time Employees and new Employees on a fixed term contract for less than
one full year are entitled to these provisions on a Pro-rata basis.
Personal/Carer’s Leave is cumulative and credited in advance at the beginning of
employment and on each anniversary of the Employee’s start date.
Personal/Carer’s Leave may be taken if the Employee is unfit for work 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
(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
providing notice as outlined below.
The NGV acknowledges that people of different cultures and indigenous background
have a different understanding of the definition of Immediate Family and discretion may
be given by the Manager, where appropriate.
Personal Leave for medical appointments
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.
The Employee must provide notice as outlined below and evidence as outlined below.
Approval will not be unreasonably refused having regard to the Employer’s operational
Page | 25
requirements, the needs of the Employee and the amount of notice provided by the
Employee.
Attendance at routine medical appointments may, by agreement with the NGV, 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.
Notice
An Employee must give the NGV notice of the taking of personal/carer’s leave under this
clause. The notice:
(a) must advice the NGV of the period, or expected period, of the leave; and
(b) must be given to the NGV as soon as practicable, which may be a time after the
personal/carer’s leave has started.
Documentary Evidence Requirements
An Employee must provide the NGV with documentary evidence when Personal/Carers
Leave is taken:
(a) in excess of 3 consecutive days, or
(b) once five uncertified days have been taken in any employment year.
Personal Leave
In the case of Personal Leave, the Employee must provide the NGV with a medical
certificate from a Registered Practitioner or a statutory declaration.
Carer’s Leave
In the case of Carer’s Leave the Employee must provide the NGV with appropriate
documentary evidence. The form of the evidence required by the NGV will depend on the
circumstances of the carer’s leave request, and may include:
(a) a medical statement from a Registered Practitioner, or
(b) evidence from a registered veterinary practitioner (in the case of an Assistance
Animal), or
(c) a statutory declaration stating that the condition of the person or Assistance Animal
concerned requires the Employee’s care or support, or
(d) other relevant documentary evidence,
Additional evidentiary requirements for an Assistance Animal
(a) The NGV may require the Employee to provide appropriate documentary evidence
that states the Assistance Animal is within the definition of an Assistance Animal as
outlined above.
(b) The form of evidence may include an accreditation certificate, proof of training or a
statutory declaration stating the animal is an Assistance Animal.
Page | 26
Additional Personal/Carer’s Leave
An Employee who is seriously ill and suffering substantial hardship and has
exhausted all accrued leave credits may apply for additional discretionary paid
leave (either full or half pay). The Employee must apply in writing, giving
supporting evidence including a medical certificate.
If the Employee exhausts all their Personal/Carer’s Leave entitlement they have
the option of utilising other leave credits or taking Personal/Carer’s Leave
without pay, subject to agreement by the NGV.
An Employee may elect, with the agreement of the NGV, to utilise flexi time or
time in lieu provisions to assist in managing carer’s responsibilities.
Unpaid Carer's Leave
Entitlement: 2 days unpaid Carer's Leave
An Employee who has exhausted their entitlement to paid Personal/Carer’s
Leave and casual employees are entitled to 2 days of unpaid Carer's Leave for
each occasion when an Immediate Family, Household Member or Assistance
Animal requires care or support because of a personal illness, injury or an
unexpected emergency.
An Employee may take unpaid Carer's Leave in accordance with this clause as
a single continuous period of up to 2 days, or any separate periods to which the
NGV and the Employee agree.
An Employee is not entitled to take unpaid carer's leave if the Employee could
instead take paid Personal/Carer’s Leave.
2.2.3 Parental Leave
2.2.3.1 Application
Eligible Employees are entitled to parental leave under this clause if the leave is associated
with:
(i) the birth of a child of the Employee, the Employee’s Spouse or the Employee’s
legal surrogate or the placement of a Child with the Employee for adoption; and
(ii) the Employee has or will have a responsibility for the care of the Child.
An Employee currently on parental leave is not required to return to work in order to
access a further period of parental leave under this clause.
2.2.3.2 Definitions
For the purposes of this clause:
(a) Eligible Employee means:
(i) a full time or part-time Employee, whether employed on an ongoing or fixed
term basis, or
(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.
Page | 27
(b) Continuous Service is work for the NGV on a regular and systematic basis
(including any period of authorised leave) and any period of Recognised Prior
Service.
(c) Child means:
(i) in relation to birth-related leave, a child (or children from a multiple birth) of
the Employee or the Employee’s Spouse or the Employee’s legal surrogate;
or
(ii) in relation to adoption-related leave, a child (or children) who will be placed
with an Employee, and:
• who is, or will be, under 16 as at the day of placement, or the expected
day of placement;
• has not, or will not have, lived continuously with the Employee for a
period of 6 months or more as at the day of placement, or the expected
day of placement; and
• is not (otherwise than because of the adoption) a child of the Employee
or the Employee’s spouse.
(d) Primary Caregiver means the person who takes primary responsibility for the
care of a newborn or newly adopted Child. The Primary Caregiver is the person
who meets the Child's physical needs more than anyone else. Only one person
can be a Child's Primary Caregiver on a particular day.
(e) Secondary Caregiver means a person who has parental responsibility for the
Child but is not the Primary Caregiver.
(f) Spouse includes a de facto spouse, former spouse or former de facto spouse. The
Employee’s de facto spouse means a person who lives with the Employee as
husband, wife or same sex partner on a bona fide domestic basis, whether or not
legally married to the Employee.
(g) Recognised Prior Service means any service immediately prior to the
Employee’s employment with the Employer, where the Employee was employed:
(i) by a public entity under the PAA;
(ii) under Part 6 of the PAA; or
(iii) as a parliamentary officer or electorate officer under the Parliamentary
Administration Act 2005 (Vic).
Page | 28
2.2.3.3 Summary of Parental Leave Entitlements
Parental leave entitlements in this clause are summarised in the following table.
Paid leave Unpaid leave Total
Primary Caregiver
More than 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
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 0 Up to 52 weeks 52 weeks
2.2.3.4 Parental Leave – Primary Caregiver
(a) An Eligible Employee, who has, or will have, completed at least three months paid
Continuous Service and who will be the Primary Caregiver at the time of the birth
or adoption of their Child, is entitled to up to 52 weeks parental leave, comprising:
Page | 29
(i) 16 weeks paid parental leave; and
(ii) up to 36 weeks unpaid parental leave.
(b) An Eligible Employee who will be the Primary Caregiver, who has not completed at
least three months paid Continuous Service at the time of the birth or adoption of
their Child, or a Long Term Casual Employee is entitled to up to 52 weeks unpaid
parental leave.
(c) Only one parent can receive Primary Caregiver parental leave entitlements in
respect to the birth or adoption of their Child. An Employee cannot receive Primary
Caregiver parental leave entitlements:
(i) if their Spouse is, or will be, the Primary Caregiver at the time of the birth or
adoption of their Child;
(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.
2.2.3.5 Parental Leave – Secondary Caregiver
(a) An Eligible Employee who has, or will have, completed at least three months paid
Continuous Service and who will be the Secondary Caregiver at the time of the
birth or adoption of their Child, is entitled to up to 52 weeks parental leave,
comprising:
(i) 4 weeks paid parental leave; and
(ii) 12 weeks Additional paid Secondary Caregiver parental leave, subject to the
conditions in clause 2.2.3.6, and
(iii) Unpaid parental leave to bring the total available paid and unpaid leave to 52
weeks.
(b) An Eligible Employee who will be the Secondary Caregiver, and has not completed
at least three months paid Continuous Service at the time of the birth or adoption of
their Child, or a Long Term Casual Employee is entitled to up to 52 weeks unpaid
parental leave.
(c) Only one parent can receive Secondary Caregiver parental leave entitlements in
respect to the birth or adoption of their Child.
(d) An Employee cannot receive Secondary Caregiver parental leave entitlements
where the Employee has received Primary Caregiver parental leave entitlements in
relation to their Child.
2.2.3.6 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:
(i) the Secondary Caregiver assumes primary responsibility for the care of a Child. By
meeting the Child’s physical needs more than anyone else; and
(ii) the Secondary Caregiver’s spouse is not concurrently taking primary responsibility
for the care of the Child or receiving paid parental leave, primary caregiver
entitlements or a similar entitlement from their employer.
Page | 30
To access additional paid leave, the Employee must have been eligible for paid
Secondary Caregiver leave at the time of the birth or adoption of their Child, irrespective
of when the Employee elects to take the paid leave under this clause.
2.2.3.7 Pre-Natal Leave
(a) A pregnant Employee will have access to paid leave totalling up to 38 hours per
pregnancy to enable the Employee to attend routine medical appointments
associated with the pregnancy.
(b) An Employee who has a Spouse who is pregnant will have access to paid leave
totalling up to 7.6 hours per pregnancy to enable the Employee to attend routine
medical appointments associated with the pregnancy.
(c) The Employee is required to provide a medical certificate from a registered medical
practitioner confirming that the Employee or their Spouse is pregnant. Each
absence on pre-natal leave must also be covered by a medical certificate.
(d) The NGV will be flexible enough to allow the Employee the ability to leave work
and return on the same day.
(e) Paid pre-natal leave is not available to casual Employees.
2.2.3.8 Pre-adoption leave
(a) An Employee seeking to adopt a Child is entitled to two days paid leave for the
purpose of attending any compulsory interviews or examinations as are necessary
as part of the adoption procedure.
(b) An Employee seeking to adopt a Child may also access further unpaid leave. The
Employee and the NGV 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 NGV may require the
Employee to take such leave instead of taking unpaid leave under this sub-clause.
(d) The NGV may require the Employee to provide satisfactory evidence supporting
the leave.
(e) The NGV 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.
2.2.3.9 Permanent Care Leave
An Employee will be entitled to access parental leave in accordance with this clause at a
time agreed with the NGV if they:
(a) 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 that legislation), or a permanent parenting order by the
Family Court of Australia, and
(b) will be the Primary or Secondary Caregiver for that Child.
Page | 31
2.2.3.10 Grandparent Leave
An Employee, who is or will be the Primary Caregiver of a grandchild, is entitled to a period
of up to 52 weeks’ continuous unpaid grandparent leave in respect of the birth or adoption
of the grandchild of the Employee.
2.2.3.11 Access to parental leave for an Employee whose Child is born by surrogate
An Employee whose Child is born through a surrogacy arrangement which complies with
Part 4 of the Assisted Reproductive Treatment Act 2008 (Vic) (or successor instrument),
is eligible to access the parental leave entitlements outlined in clause 2.2.4.
2.2.3.12 Continuing to work while pregnant
(a) The NGV 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 2.2.3.14 (b).
(b) The NGV may require the Employee to start parental leave if the Employee:
(i) does not give the NGV the requested certificate within seven days of the
request; or
(ii) gives the NGV a medical certificate stating that the Employee is unfit to
work.
2.2.3.13 Personal/Carer’s Leave
A pregnant Employee, not 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 2.2.2.
2.2.3.14 Transfer to a Safe Job
(a) Where an Employee is pregnant and, in the opinion of a registered medical
practitioner, illness or risks arising out of the pregnancy or hazards connected with
the work assigned to the Employee make it inadvisable for the Employee to
continue at their present work, the Employee will, if the NGV deems it practicable,
be transferred to a safe job with no other change to the Employee’s terms and
conditions of employment until the commencement of parental leave.
(b) If the NGV 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 NGV 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 leave is in addition to any other leave entitlement the
Employee has.
Page | 32
2.2.3.15 Special Parental Leave
Where the pregnancy of an Employee not 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 2.2.2;
(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 2.2.3.3 and
thereafter, to unpaid special maternity leave.
2.2.3.16 Notice and evidence requirements
(a) An Employee must give at least 10 weeks written notice of the intention to take
parental leave, including the proposed start and end dates. At this time, the
Employee must also provide a statutory declaration stating:
(i) that the Employee will become either the Primary Caregiver or Secondary
Caregiver of the Child, as appropriate;
(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 NGV of any changes to the notice provided in clause 2.2.3.16
(a), unless it is not practicable to do so.
(c) The NGV may require the Employee to provide evidence which would satisfy a
reasonable person of:
(i) in the case of birth-related leave, the date of birth of the Child (including
without limitation, a medical certificate stating the date of birth or expected
date of birth); or
(ii) for adoption-related leave, the commencement of the placement (or
expected day of placement) of the Child and that the Child will be under 16
years of age as at the day of placement or expected day of placement.
(d) An Employee will not be in breach of this clause if failure to give the stipulated
notice is occasioned by confinement or 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.
2.2.3.17 Commencement of parental leave
(a) An Employee who is pregnant may commence Primary Caregiver parental leave at
any time within 6 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
Page | 33
(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 2.2.3.6, the additional leave will
commence on the date the Employee takes on primary responsibility for the care of
a Child.
(c) The NGV 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 that
may have under this clause.
2.2.3.18 Rules for taking parental leave entitlements
(a) Parental leave is to be available to only one parent at a time, except parents may
take up to eight weeks leave concurrently with each other, comprising any paid
leave to which the Employee may be eligible for under clause 2.2.3.3 or unpaid, in
connection with the birth or adoption of their Child (Concurrent Leave).
(i) Concurrent Leave may commence one week prior to the expected date of
birth of the Child or the time of placement in the case of adoption.
(ii) Concurrent leave can be taken in separate periods, but each block of
concurrent leave must not be less than 2 weeks, unless the NGV 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 NGV 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 2.2.3.21(b), within the first 78 weeks where clause 2.2.3.6 is invoked or
otherwise the first 104 weeks.
(c) Parental leave does not need to be taken in a single continuous period. The NGV
and Employee will agree on the duration of each block of parental leave. The NGV
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.
2.2.3.19 Parental Leave and Other Entitlements
(a) An Employee may in lieu of or in conjunction with parental leave, access any
annual leave or long service leave entitlements which they have accrued subject to
the total amount of leave not exceeding 52 weeks or a longer period as agreed
under clause 2.2.3.21(b).
(b) Where a Public Holiday occurs during a period of paid parental leave, the Public
Holiday is not to be regarded as part of the paid parental leave and the NGV will
grant the Employee a day off in lieu, to be taken by the Employee immediately
following the period of paid parental leave.
(c) Other than provided for in clause 2.2.9 – Long Service Leave, unpaid parental
leave under clauses 2.2.3.4, 2.2.3.5, 2.2.3.21 and 2.2.3.25 shall not break an
Employee’s continuity of employment but it will not count as service for leave
accrual or other purposes.
Page | 34
2.2.3.20 Keeping in touch days
(a) During a period of parental leave the NGV and Employee may agree to perform
work for the purpose of keeping in touch in order to facilitate a return to
employment at the end of the period of leave.
(b) Keeping in touch days must be agreed and be in accordance with section 79A of
the Fair Work Act 2009.
2.2.3.21 Extending parental leave
(a) Extending the initial period of parental leave
(i) An Employee, who is on an initial period of parental leave of less than 52
weeks under clause 2.2.3.4 or 2.2.3.5, may extend the period of their
parental leave on one occasion up to the full 52 week entitlement.
(ii) The Employee must notify the NGV in writing at least four weeks prior to the
end date of their initial parental leave period. The notice must specify the
new end date of the parental leave.
(b) Right to request an extension to parental leave
(i) An Employee who is on parental leave under clause 2.2.3.4 or 2.2.3.5 may
request an extension of unpaid parental leave for a further period of up to 12
months immediately following the end of the current parental leave period.
(ii) In the case of an Employee who is a member of a couple, the period of the
extension cannot exceed 12 months, less any period of parental leave that
the other member of the couple will have taken in relation to the Child.
(iii) The Employee’s request must be in writing and given to the NGV 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 NGV shall consider the request having regard to the Employee’s
circumstances and, provided the request is based on the Employee’s
parental responsibilities, may only refuse the request on reasonable
business grounds.
(v) The NGV must not refuse the request unless the NGV has given the
Employee a reasonable opportunity to discuss the request.
(vi) The NGV must give a written response to the request as soon as
practicable, and no later than 21 days after the request is made. The
response must include the details of the reasons for any refusal.
(c) Total period of parental leave
(i) The total period of parental leave, including any extensions, must not extend
beyond 24 months.
(ii) In the case of 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 2.2.3.4 or 2.2.3.5
will reduce by the period of any extension taken by a member of the couple
under clause 2.2.3.21(a) and (b).
Page | 35
2.2.3.22 Calculation of pay for the purposes of parental leave
(a) The calculation of weekly hours for paid parental leave purposes will be based on
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 the NGV.
(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 2.2.3.26(c).
(d) For the purposes of clause 2.2.3.22(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
2.2.3.22(a) above, will then be 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.
(f) 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.
2.2.3.23 Superannuation contributions in respect of Primary Caregiver Parental Leave
An employee is entitled to have superannuation contributions made in respect of the
Employee’s Primary Caregiver Parental Leave.
The NGV will pay the superannuation contributions as a lump sum to the Employee’s
fund.
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.
The quantum of superannuation contributions payable under this clause will be calculated
based on:
• The number of weeks of Primary Caregiver parental leave taken by the
Employee, capped at 52 weeks; and
• The Employee’s weekly pay
• The applicable contribution rate under the Superannuation Guarantee
Administration Act 1992 (Cth) at the time the payment is made.
Page | 36
2.2.3.24 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 2.3.6(c).
2.2.3.25 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.
2.2.3.26 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 NGV 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 NGV
immediately and the NGV 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 NGV of their return to work after a period of parental leave.
(ii) Subject to 2.2.3.26(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 2.2.3.14 above, the
Employee will be entitled to return to the position they held immediately
before such transfer.
(iii) Where such position no longer exists but there are other positions available
which the Employee is qualified for and is capable of performing, the
Employee will be entitled to a position as nearly comparable in status and
pay to that of their former position.
(c) Returning to work at a reduced time fraction
(i) To assist an Employee in reconciling work and parental responsibilities, an
Employee may request to return to work at a reduced time-fraction until their
Child reaches school age, after which the Employee will resume their
substantive time-fraction.
(ii) Where an Employee wishes to make a request under 2.2.3.26(c)(i) such a
request must be made as soon as possible but no less than seven weeks
prior to the date upon which the Employee is due to return to work from
parental leave.
2.2.3.27 Lactation breaks
Employees cannot be discriminated against for breastfeeding or chestfeeding or
expressing milk in the workplace.
Page | 37
An Employee who wishes to continue breastfeeding or chestfeeding after returning to work from a
period of parental leave or keeping in touch days, may take reasonable time during work hours
without loss of pay to do so.
Paid lactation breaks are in addition to normal meal and rest breaks provided for in this Agreement.
2.2.3.28 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 NGV 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 NGV 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 NGV of changes of address or other contact
details which might affect the NGV’s capacity to comply with clause 2.2.3.28(a).
2.2.3.29 Replacement Employees
(a) A replacement Employee is an Employee specifically engaged or temporarily
acting on higher duties or transferred, as a result of an Employee proceeding on
parental leave.
(b) Before an NGV engages a replacement Employee the NGV 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 5.3 on the use of fixed term employment to replace the
Employee does not apply in this case.
2.2.3.30 Casual Employees
The NGV 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 NGV in relation
to engagement and re-engagement of casual Employees are not affected, other than in
accordance with this clause.
2.2.4 Surrogacy Leave
(a) 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 27 January 2021, which complies with Part 4 of the Assisted
Reproductive Treatment Act 2008 (Vic), as the surrogate, is entitled to access the
following leave entitlements:
(i) Pre-Natal leave in accordance with clause 2.2.3.7 of the Agreement, and
Page | 38
(ii) six weeks of paid leave
(b) Continuing to work while pregnant
(i) 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.
(ii) 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.
(c) Transfer to safe job
(i) 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.
(ii) 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’.
(d) Commencement of Surrogacy Leave
(i) 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 NGV.
(ii) Unless otherwise agreed, any entitlement to paid surrogacy leave will be
paid from the date of commencement of Surrogacy Leave.
(e) 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 NGV.
(f) 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 2.2.2 – Personal/Carer’s Leave.
(g) 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:
(i) where the pregnancy terminates during the first 20 weeks, during the
certified period/s the Employee is entitled to access any paid and/or unpaid
personal/carer’s leave entitlements in accordance with clause 2.2.2 –
Personal/Carer’s Leave;
(ii) where the pregnancy terminates after the completion of 20 weeks, during the
certified period/s the Employee is entitled to paid special surrogacy leave not
exceeding the amount of paid surrogacy leave available under this clause.
Page | 39
(h) 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 NGV will
grant the Employee a day off in lieu, to be taken by the Employee immediately
following the period of paid surrogacy leave.
(i) Notice and Evidentiary Requirements
(i) An Employee must provide 10 weeks’ written notice to the NGV of their
intention to take Surrogacy Leave. The notification should include a
Statutory Declaration which specifies:
i. the intended start and end dates of the leave, and
ii. if known, any other leave the Employee seeks approval to take in
conjunction with their Surrogacy Leave, and
iii. for the period of surrogacy leave the Employee will not engage in any
conduct inconsistent with their contract of employment.
(ii) The NGV 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).
(iii) The Employee must confirm these details at least 4 weeks prior to the
commencement of the proposed period of Surrogacy leave.
2.2.5 Foster and Kinship Care Leave
An Employee who provides short-term foster or kinship care as the primary caregiver to a
Child who cannot live with their parents as a result of an eligible child protection
intervention is entitled to up to two days paid leave on up to five occasions per calendar
year to be taken at the time the placement of the child with the Employee commences.
For the purposes of this clause Foster and Kinship Care includes:
a) Foster Caring, which is the temporary care of a child of up to 18 years of age on a
short-term basis by an Employee who is an accredited foster carer.
b) Kinship Care, which is temporary care provided by an Employee who is a relative
or a member of the child's social network when the child cannot live with their
parents.
c) Aboriginal Kinship Care, which is temporary care provided by an Employee who is
a relative or friend of an Aboriginal child who cannot live with their parents, where
Aboriginal family and community and Aboriginal culture are valued as central to the
child’s safety, stability and development.
Eligible child protection interventions include emergency respite and short-term or long-
term placements on a non-permanent basis, as issued by the Victorian Department of
Health and Human Services, the Children’s Court or other similar federal, state or judicial
authority.
Subject to the approval of the NGV, 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.
Page | 40
The NGV may require the Employee to provide reasonable evidence to satisfy
themselves of the Employee’s entitlement to leave under this provision.
2.2.6 Gender Transition Leave
The NGV encourages a culture that is supportive of transgender and gender diverse
Employees and recognises the importance of providing a safe environment for
Employees undertaking gender transition.
Gender Transition refers to the process where a transgender Employee commences
living as a member of another gender. This is sometimes referred to ‘affirming’ their
gender. This may occur through medical, social or legal changes.
Employees may give effect to their transition in a number of ways and are not required to
be undergoing specific types of changes, such as surgery, to access leave under this
clause.
(a) Amount of gender transition leave
(i) An Employee (other than a Casual Employee) who commences living as a
member of another gender is entitled Gender Transition Leave for the
purpose of supporting the Employee’s transition. Gender Transition Leave
will comprise:
i. up to 4 weeks (20 days) paid leave for essential and necessary
gender affirmation procedures, and
ii. up to 48 weeks of unpaid leave.
(ii) The Gender Transition Leave entitlements outlined in clause 58.4(a)are
available to be taken by the Employee within the first 52 weeks after they
commence living as a member of another gender.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 NGV.
(iii) 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.
(iv) Gender Transition Leave may be taken as consecutive, single or part days
as agreed with the NGV.
(v) Leave under this clause will not accrue from year to year and cannot be
cashed out on termination of employment.
(b) Gender Transition Leave – Casual employees
Casual Employees are entitled to access unpaid leave of up to 52 continuous
weeks duration for gender transition purposes.
(c) Notice and Evidence Requirements
(i) An Employee seeking to access Gender Transition Leave must provide the
NGV with at least 4 weeks’ written notice of their intended commencement
date and expected period of leave, unless otherwise agreed by the NGV.
Page | 41
(ii) 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.
(iii) For the purpose of this clause, Registered Practitioner has the same
meaning as set out in clause 1.13 - Definitions.
2.2.7 Compassionate Leave
(a) Amount of Compassionate Leave
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.
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 above; or
(ii) after the death of a member of the Employee’s Immediate Family or
household referred to above.
An Employee is not required to take compassionate leave in respect of a
permissible occasion consecutively.
Compassionate leave will not accrue from year to year and will not be paid out on
termination of the employment of the Employee.
(b) 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.
(c) Unpaid Compassionate Leave
An Employee, including a casual Employee may take unpaid compassionate leave
by agreement with the NGV.
In addition to the other provisions of this clause, Employees of Aboriginal or Torres
Strait Islander descent may be granted paid and unpaid leave in relation to the
death of a member of their Immediate Family or extended family in accordance
with clause 2.2.19(d).
Page | 42
(d) Notice and Evidence Requirements
An Employee who is taking compassionate leave under this clause must give
notice to the NGV “as soon as practicable” (which may be at a time after the
compassionate leave has started) and must advise the NGV of the period, or
expected period, of the compassionate leave.
An Employee must provide the NGV 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 51.1, a
statutory declaration or other relevant documentary evidence to the reasonable
satisfaction of the NGV.
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.
(e) Other significant family or personal connections
An Employee may, at the discretion of the NGV, 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.
2.2.8 Family Violence Leave
(i) General Principle
(a) The NGV 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 NGV is committed to providing support
to staff that experience family violence.
(b) Leave for family violence purposes is available to Employees who are
experiencing family violence 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.
(ii) 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).
(iii) 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 NGV may use their discretion to grant paid leave to
a Casual Employee experiencing family violence under clause 2.2.23 (Other
Leave) of the Agreement on a case by case basis.
(iv) General Measures
(a) Evidence of family violence may be required and can be in the form an
agreed document issued by the Police Service, a Court, a registered health
practitioner, a Family Violence Support Service, district nurse, maternal and
Page | 43
health care nurse or Lawyer. A signed statutory declaration can also be
offered as evidence.
(b) All personal information concerning family violence will be kept confidential
in line with the NGV’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 NGV will identify contact/s within the workplace who will be trained in
family violence and associated privacy issues. The NGV 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 2.2.5 (v) and clause 2.2.5 (vi).
(g) The NGV 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.
(v) Leave
(a) An Employee experiencing family violence will have access to 20 days per
year of paid special leave following an event of family violence and for
related purposes such as medical appointments, legal proceedings and
other activities related to family violence (this leave is not cumulative but if
the leave is exhausted consideration will be given to providing additional
leave). This leave will be in addition to existing leave entitlements and may
be taken as consecutive or single days or as a fraction of a day and can be
taken without prior approval.
(b) An Employee who supports a person experiencing family violence may
utilise their personal/carer’s leave entitlement to accompany them to court,
to hospital, or to care for children. The NGV may require evidence consistent
with clause (a)a.i(a) from an Employee seeking to utilise their
personal/carer’s leave entitlement.
(vi) 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 NGV will approve
any reasonable request from an Employee experiencing family violence for:
(i) temporary or ongoing changes to their span of hours or pattern or
hours and/or shift patterns;
(ii) temporary or ongoing job redesign or changes to duties;
(iii) temporary or ongoing relocation to suitable employment;
Page | 44
(iv) a change to their telephone number or email address to avoid
harassing contact;
(v) any other appropriate measure including those available under
existing provisions for family friendly and flexible work arrangements.
(b) Any changes to an Employee’s role should be reviewed at agreed periods.
When an Employee is no longer experiencing family violence, the terms and
conditions of employment may revert back to the terms and conditions
applicable to the Employee’s substantive position.
(c) An Employee experiencing family violence will be offered access to the
Employee Assistance Program (EAP) and/or other available local Employee
support resources. The EAP shall include professionals trained specifically
in family violence.
(d) An Employee that discloses that they are experiencing family violence will be
given information regarding current support services.
2.2.9 Long Service Leave
(a) Basic Entitlement and accrual
(i) Long service leave is paid leave accrued during Continuous Employment in
the NGV (including any prior service recognised).
(ii) 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 on a pro
rata basis as provided for in this clause.
(iii) The basic entitlement for each 10 years’ full-time Continuous Employment is
set out in the table below.
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
(b) When can Long Service Leave be accessed?
(i) An Employee is entitled to take long service leave on a pro-rata bases after
seven years of Continuous Employment, and at any time after that in
accordance with clause 2.2.9 (c).
(ii) 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.
(iii) Despite clause 2.2.9 (b) (ii) an Employee with 4 or more years of Continuous
Employment is entitled to be paid out any unused long service leave accrual
if:
on account of age or ill health the Employee retires or is retired; or
Page | 45
the employment of the Employee is terminated for any reason except
for serious misconduct or resignation; or
the Employee dies.
(c) Taking long service leave
(i) Long service leave will be taken at a time convenient to the needs of the
NGV and Employee.
(ii) An Employee and the NGV may agree that the whole or any part of their
entitlement is paid
at the current time fraction they work, or
at a different time fraction to that currently worked.
(iii) Long service leave may be taken for any period of not less than 1 day.
(iv) 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.
(v) 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
NGV and the Employee.
(d) Payment while on long service leave
(i) While on long service leave the NGV will continue to pay the Employee
using the same method and frequency as if the Employee was not on long
service leave.
(ii) Payment to an Employee for or in lieu of long service leave includes:
Salary, and
salary maintenance if the Employee is receiving salary maintenance;
and
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
any annual allowance payable to the Employee which the NGV
determines should be included, except excluding (if relevant):
o any payment of overtime, commuted overtime or Shift Work
allowances; and
o any travelling or transport allowance; and
o any allowance which is a reimbursement of an expenditure.
(e) Periods of Continuous Employment in which long service leave accrues
(i) Long service leave continues to accrue during the following absences from
work:
an absence on paid leave;
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;
Page | 46
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;
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
an absence on unpaid leave for which the Employer expressly
authorises long service leave to accrue.
(f) Periods of Continuous Employment in which long service leave does not
accrue
(i) Long service leave does not accrue for the following periods:
a gap between engagements of a Casual Employee of less than 3
months; or
an absence on unpaid leave, other than as provided for in clause
2.2.9 (e); or
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
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.
(ii) The periods at clause 2.2.9 (f) (i) do not break Continuous Employment and
may be periods of recognised service for the purposes of long service leave.
(g) Absences which break Continuous Employment
(i) Continuous Employment will be broken by the following:
• any gap between engagements in Continuous Employment by a
Casual Employee of more than 3 months; or
• any absence from employment due to the dismissal of the Employee
for disciplinary reasons; or
• receipt of a Voluntary Departure Package from any Victorian Public
Sector employer; or
• any gap or break in service or absence not provided for in clause
2.2.9 (e) or clause 2.2.9 (f) or clause 2.2.10.
2.2.10 Recognition of Prior Service
Employees may seek recognition of previous service for Long Service and
Personal/Carer’s Leave purposes, providing the prior service has been at:
(a) a State or Commonwealth Government Department or Agency; or
(b) an authority of a State or Commonwealth Government Department; or
Page | 47
(c) in the Public Service, the Teaching Service or in an authority of a Territory of
Australia; or
(d) with a local governing body that is established by or under a law of a State; or
(e) with a body set up by legislation primarily and exclusively to achieve a State
Government purpose and upon which Government has substantial control or
influence beyond the usual level of scrutiny of Government funded bodies, and
provided that the Department or Agency described above recognises service with the
Victorian Public Service/Sector for Long Service and Personal/Carer’s Leave purposes.
The service that will be recognised under this clause does not include a period of service
which preceded a continuous gap in approved service of greater than 12 months other
than:
(f) an absence of three years or less in the nature of retirements occasioned by
disability;
(g) an absence of two years or less which in the opinion of the NGV was caused by
special circumstances.
The service that will be recognised does not include any service:
(h) during any absence on leave without pay (excluding unpaid parental leave which,
in combination with any period of paid parental leave, totals 52 weeks or less);
(i) during any absence from duty when the Employee was in receipt of weekly
payments of compensation under the Accident Compensation Act 1985 (Vic) or
any corresponding previous enactment, other than the first 12 months of that
period; or
(j) which preceded the resignation of the Employee from the public service or the
termination of the Employee’s employment in the public service if on that
resignation or termination the Employee received a sum characterised as a
voluntary departure incentive or a targeted separation payment that was additional
to their entitlements under any act or agreement.
Employees commencing within the life of this Agreement are not bound or limited to a
time frame for application for recognition of prior service. This clause is not retrospective.
2.2.11 Accident Compensation Leave (WorkCover)
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 be entitled to
accident make-up pay equivalent to their normal Salary less the amount of weekly
compensation payments.
Payment – maximum entitlement
(a) The NGV 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,
unless employment ceases.
(b) An entitlement to accident make-up pay will cease when the Employee has been
absent from work for either a continuous period of 52 weeks, or an aggregate
period of 261 working days, or when employment ceases or when the benefits
payable under the Workplace Injury Rehabilitation and Compensation Act 2013
(Vic) cease.
Page | 48
(c) The NGV may grant the Employee leave without pay where an entitlement to
accident make-up pay has ended.
For the avoidance of doubt, an Employee may, with the NGV’s consent, take annual
leave, long service leave or personal leave whilst receiving accident make up pay.
For an injury prior to the proclamation of the Workplace Injury Rehabilitation and
Compensation Act 2013, a reference to that Act shall be deemed to be a reference to the
Accident Compensation Act 1985 (Vic).
2.2.12 Miscellaneous Leave
Employees are entitled to paid leave for the following circumstances:
(a) Municipal Council Leave
Employees who have been elected to a Municipal Council are entitled to be paid
leave to fulfil their official functions during their term of office as follows:
(i) Mayor – up to three hours per week, or where special occasions arise, six
hours per fortnight; and
(ii) Councillor – up to three hours per fortnight, or where special occasions arise,
six hours per month.
(b) Defence Reserve Leave
Unpaid leave may be granted for an Employee to undertake defence reserve
service up to a maximum, continuous, period of 78 weeks. An Employee required
to complete defence reserve service will consult with the NGV regarding the
proposed timing of the service and will give the NGV as much notice as is possible
of the time when the service will take place.
The granting of such leave is on the basis that it does not cause undue interruption
to the NGV's operations.
(c) Jury Service Leave
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
NGV, less an amount for reasonable expenses actually incurred..
(d) Leave to Engage in Voluntary Emergency Management Activities
An Employee who engages in a voluntary emergency management activity with a
recognised emergency management body that requires the attendance of the
Employee at a time when the Employee would otherwise be required to be at work
is entitled to leave with pay for:
(i) time when the Employee engages in the activity; and
(ii) reasonable travelling time associated with the activity; and
(iii) reasonable rest time immediately following the activity.
Page | 49
The Employee must advise the NGV as soon as reasonably practicable if the
Employee is required to attend a voluntary emergency management activity and
must advise the NGV 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 NGV.
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 re-qualify 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 NGV.
(e) Leave for Sporting Events
Employees may be granted paid or unpaid leave to participate either as a
competitor or an official in non-professional state, national or international sporting
events.
(f) Leave for Blood Donations
Leave may be granted to an Employee without loss of pay to visit the Red Cross
Blood Bank as a donor once every twelve weeks.
2.2.13 Purchased Leave
Employees may request to work between 44 and 51 weeks per year to gain access to
additional Annual Leave. Access to this entitlement may only be granted on application
from an Employee and cannot be required as a precondition for employment. To be
eligible to apply for this entitlement individuals must have been employed on a continuous
basis by the NGV for a period of at least 12 months. Purchased leave does not attract
Annual Leave loading and must be used in the 52 week period that the Employee is
working under this arrangement.
The Employee will receive additional annual leave as follows:
Leave Type Equates to
44/52 Additional 8 weeks leave (12 weeks in total)
45/52 Additional 7 weeks leave (11 weeks in total)
46/52 Additional 6 weeks leave (10 weeks in total)
47/52 Additional 5 weeks leave (9 weeks in total)
48/52 Additional 4 weeks leave (8 weeks in total)
49/52 Additional 3 weeks leave (7 weeks in total)
50/52 Additional 2 weeks leave (6 weeks in total)
51/52 Additional 1 weeks leave (5 weeks in total)
The Employee will receive a Salary equal to the period worked (e.g. 46 weeks, 49 weeks
etc.) which will be spread over a 52 week period. Sick Leave, Annual Leave and Long
Service Leave accrued by the Employee will remain unchanged.
Page | 50
NGV will endeavour to accommodate Employee requests for arrangements under this
clause. Where such requests are granted the NGV 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 providing no less than four
weeks’ written notice. Where an Employee does revert to ordinary 52 week employment,
appropriate Pro-Rata Salary adjustments will be made. Applications to take such leave
on half pay will be considered, subject to the operating needs of the organisation.
Approval will not be unreasonably withheld.
2.2.14 Leave to attend Alcohol, Drug or Gambling Rehabilitation Program
An Employee, other than a Casual Employee, may be granted leave with or without pay
to undertake an approved rehabilitation program where the NGV is satisfied that:
(a) The Employee’s work performance is adversely affected by the misuse of drugs,
gambling or alcohol;
(b) The Employee is prepared to undertake a course of treatment designed for the
rehabilitation of persons with alcohol, gambling or drug misuse problems; and
(c) A Registered Practitioner has certified that in his/her opinion the Employee is in
need of assistance because of their misuse of alcohol, gambling or drugs and that
the Employee is suitable for an approved rehabilitation program.
On production of proof of attendance at an approved rehabilitation program an Employee
may be granted leave as follows:
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:
Completed Years of
Service
First Year of Program Subsequent Years of
Program
2 years 20 days 15 days
3 years 27 days 20 days
4 years 33 days 25 days
5 or more years 40 days 30 days
An Employee with less than two years’ continuous or aggregate service may be granted
leave without pay for the purpose of attending an approved rehabilitation program.
2.2.15 Infectious Diseases
Upon report by a Registered Medical Practitioner that by reason of contact with a person
suffering from an infectious disease and through the operation of restrictions imposed by
law in respect of such disease, an Employee is unable to attend work, the NGV may
grant the Employee special leave of absence with pay. The period of leave must not be
for any period beyond the earliest date at which it would be practicable for the Employee
to return to work having regard to the restrictions imposed by law.
2.2.16 Dangerous Medical Conditions
Where the NGV reasonably believes that the Employee is in such a state of health as to
render the Employee a danger to other Employees, themselves or other persons, the
Page | 51
NGV may require the Employee to absent themselves from the workplace until the
Employee obtains and provides to the NGV a report from a Registered Medical
Practitioner. Upon receipt of the medical report, the NGV may direct the Employee to be
absent from duty for a specified period or, if already on leave, direct such Employee to
continue on leave for a specified period. Any such absence under this clause must be
taken as Personal/Carer’s Leave or leave without pay.
2.2.17 Study Leave
An Employee enrolled in a course of study which is deemed to be of relevance to the
operational needs of the NGV and contributes to the professional development of the
Employee is entitled to be granted up to 7.6 hours (7 hours and 36 minutes) per week
study leave upon production of supporting documentation. Such study leave is granted
for time involved in attendance at classes, travel time and course related research/work
activities.
In addition to this there is an entitlement to be granted up to five days paid leave as pre-
examination leave and sufficient paid leave to attend examinations where the
examinations are part of the course of study for which study leave has been granted.
Alternatively, an Employee completing an accredited course through the submission of
major course/project work shall be entitled to five days leave for the purposes of finalising
such work. Leave without pay may also be granted, subject to mutual agreement
between the Employee and his/her Manager, taking into account operational implications
of such leave.
An Employee must have at least 12 months’ Continuous Service to be eligible for this
provision.
2.2.18 Leave of Absence
Subject to the operational requirements of the NGV and circumstances of each particular
applicant, an Employee may be granted leave without pay for any reason for a period of
up to one year. A further year may be granted upon application. Prior to approval being
granted for a leave of absence request, a decision will be made in consultation with the
Employee regarding their employment status upon return to duty (i.e. return to their
substantive or equivalent position).
2.2.19 Cultural and Ceremonial Leave
(a) NAIDOC Week Leave
An Employee of Aboriginal or Torres Strait Islander descent is entitled to one day
of paid leave per calendar year to participate in National Aboriginal and Islander
Day Observance Committee (NAIDOC) week activities and events.
NAIDOC week leave will not accrue from year to year and will not be paid out on
termination of the employment of the Employee.
(b) Leave to attend Aboriginal community meetings
The NGV may approve attendance during working hours by an Employee of
Aboriginal or Torres Strait Islander descent at any Aboriginal community meetings,
except Annual General Meetings of Aboriginal community organisations at which
the election of office bearers will occur.
(c) Leave to attend Annual General Meetings of Aboriginal community
organisations
The NGV may grant an Employee of Aboriginal or Torres Strait Islander descent
Page | 52
accrued annual or other leave to attend Annual General Meetings of Aboriginal
community organisations at which the election of office bearers will occur.
(d) Ceremonial leave
Ceremonial leave will be granted to an Employee of Aboriginal or Torres Strait
Islander descent for ceremonial purposes:
(i) connected with the death of a member of the Immediate Family or extended
family (provided that no Employee shall have an existing entitlement
reduced as a result of this clause); or
(ii) for other ceremonial obligations under the Aboriginal and Torres Strait
Islander lore.
Where ceremonial leave is taken for the purposes outlined above, up to five 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.
Ceremonial leave granted under this clause is in addition to compassionate leave
granted under clause 2.2.5.
2.2.20 Leave to participate in 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 NGV.
Where in any calendar year an Employee exhausts their entitlement under this clause the
NGV may grant further paid or unpaid leave, under clause 2.2.22 (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 NGV.
Leave under this clause will not accrue from year to year and cannot be cashed out on
termination of employment.
2.2.21 Trade Union Training Leave
An Employee who has been nominated by the CPSU and has been accepted by a
training provider to attend a trade union course may be granted up to five days leave on
full pay in any one Calendar Year, so long as the granting of such leave does not unduly
affect the operations of the NGV. This leave may be granted where the Employer is
satisfied that the course of training is likely to contribute to a better understanding of
industrial/employee relations, occupational health and safety, safe work practices,
knowledge of award and other industrial entitlements and the upgrading of an Employee’s
skills in aspects of trade union functions.
An Employee may be granted paid leave under this clause in excess of five days and up
to ten days in any one Calendar Year subject to the total leave taken in that year and in
the subsequent year not exceeding ten days.
Page | 53
2.2.22 Occupational Health and Safety Representative Leave
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 introductory
health and safety representative’s course of his/her choice that is approved by the
Victorian WorkCover Authority, having regard to course places and the NGV’s operations.
Leave under this provision must only be granted to an Employee on one occasion and is
additional to any other leave granted under this clause.
The Employer will bear reasonable costs of training for occupational health & safety
representatives subject to budget availability and taking into account the number of
courses attended by the Employee.
2.2.23 Other Leave
An Employee may be granted leave with or without pay by the NGV for any purpose.
Leave under this clause may be granted for purposes including:
(a) cultural and religious purposes; or
(b) activities inherently associated with and 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.
2.3 Salary and Allowances
2.3.1 Payment of Salaries
Salaries, allowances, penalty or overtime payments due to an Employee shall be paid by
the NGV by fortnightly electronic direct credit to a bank account, credit union or building
society account nominated by the Employee. In exceptional circumstances, including
significant delays in payment of salary, the NGV will make provision for off-line payments.
Where a normal payday falls on a Public Holiday the direct credit to the Employee’s
nominated account must be made no later than the last working day prior to the Public
Holiday.
Employees must be provided either in writing or electronically, with details of each pay
regarding the make-up of their remuneration and any deductions.
By agreement with the NGV, an Employee may authorise other deductions from Salary
for forwarding to superannuation funds.
In the event of an overpayment of Salary, allowance, loading or other payment, the NGV
must advise the Employee. Similarly, the Employee must advise the NGV if they know
there has been an overpayment. Where agreement cannot be reached on a repayment
arrangement, the NGV may recover the overpayment by instalments to be paid in
accordance with the Financial Management Act 1994 (Vic) as amended from time to time
or any successor to that Act.
Page | 54
2.3.2 Classification Structure and Salary Bands
An Employee covered by this Agreement will be paid under the Salary Ranges for the
VPS Non-Executive Career Structure).
A new Employee will be appointed to the commencement of the Grade and Value Range
at which the role is valued. Where appropriate the NGV may appoint an Employee at a
higher Salary in the Grade and Value Range in recognition of his/her experience or
qualifications held.
The parties agree that the VPS 1 classification will become a training grade. Employees
classified as VPS 1 when the Agreement commences operation will transition to VPS 2
effective from that date.
(a) Salary Increases
The pay and classification structure, including all Salary adjustments, will be
aligned to the VPS Pay and Classification Structure for the life of this Agreement.
Employees employed by the NGV at or after the date of commencement of this
agreement will receive the following salary increases:
Date of Effect Percentage Increase
20 March 2020 1.5%
1 December 2020 1.25%
1 September 2021 1.5%
1 June 2022 1.25%
1 March 2023 1.5%
1 December 2023 1.0%
2.3.3 Agility Principles
The parties agree to interpret and apply this Agreement consistently with the following
principles aimed at promoting workforce agility:
• The work required of the NGV is not static but always evolving, due to factors such
as the development of NGVC, the pace and scale of technological advancement,
changing community service delivery expectations and the need to respond to
evolving advancements in the museums and galleries field.
• Embracing these evolving priorities is essential to providing flexible and agile
employment at the NGV and ensuring that NGV employees and teams can be
responsively moved to support these evolving priorities.
The parties agree that the principles set out above will be in effect for the life of the
Agreement, particularly in line with the development of NGVC, through a range of
evolving workplace practices, modes of work and service delivery. These may include,
for example but not limited to:
• A model where employees are moved to projects, teams or programs across the
NGV based on their core skills and capabilities, and
• A model where employees, in line with their core skills and capabilities, are
assigned alternate/different work when required, and
• A model where managers and departments may be adjusted to align with business
requirements.
Page | 55
The parties agree that workforce agility measures are not intended to disadvantage
Employees in their employment. In particular:
• Clause 2.1.6 - Workload applies in respect of workforce agility measures including
the effect on any employees moved and any employees not moved, and
• NGV will explain the changes, including the business need for the change, to
relevant employees, and their representatives if appointed, and
• Employees have the opportunity to discuss the changes with their manager, and
• An affected employee and/or team may raise a dispute in accordance with Clause
3 – Resolution of Disputes.
The parties agree that clause 7.2 – Consultation would apply when:
• a change will result in a redundancy or redundancies, and / or
• a change results in the elimination or diminution of job opportunities or salary
horizon.
2.3.4 Agility Payment
Employees will be paid an annual lump sum agility payment:
• in recognition of the Parties commitment to the agility principles outlined in clause
2.3.3 - Agility Principles of the Agreement, and
• in recognition of the fact that the work required of a modern art gallery is not static
but always evolving, and
• to acknowledge Employees are committed to ensuring they participate to support
evolving priorities.
The agility payment in the table below will be made as once off lump sum payments on
the dates specified (pro-rata for part-time and casual Employees).
Grade Value Range 1 January
2021
1 July 2021 1 July 2022 1 July 2023
VPS 1 1.1 $642 $655 $668 $682
VPS 2
2.1 $757 $772 $788 $803
2.2 $851 $868 $886 $903
VPS 3
3.1 $963 $982 $1,002 $1,022
3.2 $1,056 $1,077 $1,099 $1,121
VPS 4 4.1 $1,222 $1,246 $1,271 $1,297
VPS 5
5.1 $1,373 $1,400 $1,428 $1,457
5.2 $1,503 $1,533 $1,564 $1,595
VPS 6
6.1 $1,781 $1,817 $1,854 $1,891
6.2 $2,039 $2,080 $2,122 $2,165
VPS 7
7.1 $2,318 $2,365 $2,412 $2,461
7.2 $2,566 $2,618 $2,671 $2,724
7.3 $2,815 $2,871 $2,929 $2,988
Page | 56
2.3.5 Whole of Job Salary
Regularly Rostered Employees may request to have any allowances or penalty payments
that they attract on a regular basis, due to the nature of their roster, annualised into their
Salary. Payments of Salaries made on a ‘whole of job’ basis is where any payments
above the Employee’s ordinary Salary are averaged over the year and paid into their
fortnightly Salary. The annualised Salary becomes, for all leave purposes, the ordinary
Salary of the Employee.
2.3.6 VPS Salary Classification
Classifications are divided into Grades, Value Ranges and Progression Steps / Salary
Points.
Within each VPS Grade 1 to 4 are Progression Steps (expressed as Salary
Points).
Within each VPS Grade 5 to 7 are standard progression amounts (expressed
as whole dollar amounts).
Employees and/or positions can move between Value Ranges and Grades. The process
for progression between Value Ranges and Grades is outlined under clauses 2.3.6(a),
2.3.6(b), 2.3.6(c), 2.3.6(d) and 2.3.6(e).
(a) Performance Review
Performance Pay (salary increase) will be awarded to an Employee when they are
assessed at their annual PDP review as meeting the progression criteria outlined in
the Employees’ Annual Performance and Development Plan. The development of
progression criteria is referred to under clause 2.4.14.
An Employee will be eligible to access progression or a Top of Grade or Value
Range payment if an Employee has been in their role for 3 months or more, except
if the Employee:
(i) has been appointed on probation and has been in their role for less than 6
months at the time the performance review is undertaken;
(ii) has completed a formal underperformance process or is subject to one at
the time of the annual PDP review; or
(iii) was subject to an investigation into misconduct which was substantiated
during the course of the performance cycle or subsequently.
(b) Top of Grade or Value Range payment
An Employee at the top of their Grade or Value Range will receive a top of Grade or
Value Range payment where the Employee is assessed at their annual performance
review as meeting the “progression criteria” outlined in the Employee’s Annual
Performance and Development Plan.
The top of Grade or Value Range payment will be equal to one per cent of the
Employee’s salary as at 30 June of the relevant performance cycle.
(c) Progression payments for Employees returning from Primary Caregiver
Parental Leave
Page | 57
An Employee is entitled to advance two progression steps or amounts or be paid
two top of Grade or Value Range payments in the following circumstances:
(i) The Employee was not considered for Progression or a Top of Grade or
Value Range payment due to the Employee’s absence on a period of Primary
Carer Parental Leave not exceeding 52 weeks; and
(ii) The Employee is otherwise eligible to be considered for Progression or a Top
of Grade or Value Range Payment; and
(iii) The Employee is assessed as meeting progression criteria in the
Performance Cycle in which the Employee returns to work.
Any Progression or Top of Grade or Value Range payment will be processed by
the NGV at the same time as other progression outcomes resulting for the
Performance Cycle following the Employee’s return to work.
An Employee’s absence from work on parental leave for part of a relevant
Performance Cycle must not disadvantage the Employee in the Employer’s
application of the Progression Criteria.
(d) Progression Between Value Ranges
An Employee who is at the highest progression step (or salary point) of a Value
Range will not be eligible for a progression payment. In these circumstances, the
progression to the next Value Range should be discussed as part of the annual
performance review.
Movement between the Value Ranges within a Grade (e.g. VPS2.1 to VPS2.2) can
occur following a job resizing review. The review process includes an assessment
of the work the NGV requires to be undertaken and the performance of that work
by the Employee. A job resizing review will be undertaken within three months of
the Employee lodging their job resizing application.
A formal Work Value Review will not be required to progress to the higher Value
Range within a Grade (e.g. VPS2.1 to VPS2.2), but the Employee must
demonstrate an increase in the scope of his/her role with reference to their role
statement and the Work Value Review descriptors.
(e) Progression to Next Grade – Work Value Review
An Employee who is at the highest progression step (or salary point) of a Grade
will not be eligible for a progression payment. In these circumstances, progression
to the next Grade should be discussed as part of the annual performance review.
If an Employee or Manager believes that a role has grown to include duties of a
higher VPS Grade than that which it is currently graded, then the Employee or
Manager may request a Work Value Review.
A Work Value Review:
(iv) will be undertaken with the Employee, the Employee’s Manager and if
desired by the Employee, a CPSU Representative; and
(v) will be undertaken within three months of the Employee lodging their work
value review application.
If, as a result of a Value Range review or a Work Value Review, a position
warrants progression, such progression shall not be withheld for budgetary
reasons. If progression is denied, the reasons will be provided in writing. If the
Page | 58
Employee is not satisfied with the outcome of the review they may choose to
access the provisions of clause 3 ‘Resolution of Disputes’ as an appeal
mechanism.
For the avoidance of doubt, roles are to be valued by comparing the agreed
position description against the VPS Grade Descriptors. The Work Value Review
will not take into account considerations outside the position description such as
length of service, organisation structure or other position descriptions.
2.3.7 Public Holidays
Where the nature of the employment of Employees permits the observance of Public
Holidays as they occur, Employees (other than Casual Employees) shall be entitled to the
following holidays without loss of pay:
(a) New Year’s Day;
(b) Australia Day;
(c) Labour Day;
(d) Good Friday;
(e) Easter Saturday;
(f) Easter Sunday;
(g) Easter Monday;
(h) Anzac Day;
(i) Queen’s Birthday;
(j) the Friday before the Australian Football League Grand Final;
(k) Melbourne Cup Day;
(l) Christmas Day; and
(m) Boxing Day.
When Christmas Day (25 December) is a Saturday, an additional holiday will be observed
on the next Monday.
When Christmas Day (25 December) is a Sunday, an additional holiday will be observed
on the next Tuesday.
When Boxing Day is a Saturday, an additional holiday will be observed on the next
Monday.
When Boxing Day is a Sunday, an additional holiday will be observed on the next
Tuesday.
When New Year’s Day is a Saturday or a Sunday, an additional holiday shall be observed
on the next Monday.
When Australia Day is a Saturday or a Sunday, a holiday in lieu will be observed on the
next Monday.
Page | 59
Where in the State of Victoria, additional or substituted public holidays are declared or
prescribed on days other than those set out above, those days will 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.
Full-Time and Part-Time Rostered Employees who as part of their roster observe a
rostered day off on a Public Holiday will be considered to be observing that Public
Holiday which will be in addition to normal rostered days off specified on the agreed
roster.
Full-Time and Part-Time Rostered Employees who are absent on paid leave (i.e. Annual
Leave, Long Service Leave, Parental Leave, Personal/Carer’s Leave, Time in Lieu) on a
Public Holiday will observe the Public Holiday and no deduction from leave credits will be
made.
2.3.8 Penalty Payments
(a) Weekend Penalties
Full-Time and Part-Time Employees up to and including the VPS 4 classification
who are required to work on a Saturday will be paid at the rate of 50% additional
(time and a half) of the ordinary hourly rate for each hour of duty.
Full-Time and Part-Time Employees up to and including the VPS 4 classification
who are required to work on a Sunday will be paid at the rate of 100% additional
(double time) of the ordinary hourly rate for each hour of duty.
(b) Shift Allowance
Full-Time and Part-Time Employees up to and including the VPS 4 classification
who are required to perform shifts on any day from Monday to Friday between the
hours of 7pm and 7am will be paid an allowance at the rate of 15% additional of
the ordinary hourly rate for each hour of duty on that day.
(c) Public Holiday Penalties
Full-time and Part-Time Employees who as part of their roster are required to work
on a Public Holiday will be paid an allowance of 150% additional (double time and
a half) of the ordinary rate for each hour worked.
(d) Stand-by/Recall Allowance
The NGV may require an Employee to be on stand-by, meaning they are ‘on-call’
should they be required to attend to/perform work outside their contracted working
hours and away from their usual place or places of work. The Employee may also
be required to be recalled to their usual place or places of work.
The NGV will, in consultation with the Employee, establish a roster for Stand-by
duty.
The Employee may refuse to be on Stand-by where this may result in the
Employee working hours which are unreasonable having regard to:
(i) any risk to the Employee’s health and safety;
(ii) the Employee’s personal circumstances including family responsibilities;
(iii) the needs of the workplace;
Page | 60
(iv) the notice (if any) given by the NGV of the Stand-by and by the Employee
of their intention to refuse it; and
(v) any other relevant matter.
An Employee on Stand-by:
(vi) must be able to be contacted immediately by an agreed means of
communication;
(vii) must be able to travel to their usual place or places of work within a
reasonable time;
(viii) will, if required to be recalled to work, be provided by the NGV with
appropriate transport or be reimbursed travel expenses in accordance with
clause 2.3.13(b) of this Agreement; and
(ix) must be fit for duty.
The NGV must pay the following allowance for Stand-by duty:
Date of Effect Per night (7pm to
7am)
Per day/night
20 March 2020 $30.70 $61.90
1 December 2020 $31.10 $62.70
1 September 2021 $31.55 $63.65
1 June 2022 $31.95 $64.40
1 March 2023 $32.45 $65.40
1 December 2023 $32.75 $66.05
The above allowance is payment for being available to perform duty and includes
reimbursement for access to appropriate technology to enable the Employee to
undertake initial limited response to a telephone call or other form of
communication (e.g. email).
All work after the initial limited response to a telephone call or email will be
remunerated as Overtime in accordance with clause 2.1.11(b). Employees are
entitled to earn overtime on an hour for hour basis when they are recalled to duty,
provided that such duties are additional to, rather than substituted for, the
Individual’s Ordinary Hours. A three hour minimum applies exclusive of travel time.
This entitlement does not apply to Employees already employed on a rotating
roster, or whose roster or salary/allowances are already calculated to include
compensation for out of hours work.
All Recall or Standby hours must be approved in writing by the responsible
Manager, prior to such hours being worked. Claims for allowances/overtime must
be submitted within one week of the hours being worked.
Page | 61
(e) 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:
(i) Payment for Public Holidays not worked; and
(ii) Annual Leave and Annual Leave Loading; and
(iii) Paid Parental Leave;
(iv) Paid Personal/Carer's Leave; and
(v) Jury Service; and
(vi) Defence Reserve Leave; and
(vii) Accident Make-up Pay; and
(viii) leave to attend rehabilitation programs.
2.3.9 Penalty Payments for Casuals
(a) Weekend Penalties
Casual Employees up to and including the VPS 4 classification who are engaged
to work on a Saturday will be paid at the rate of 50% additional to their ordinary
hourly rate for each hour of duty. The 50% is in addition to the casual loading
(75% will be applied to the ordinary hourly rate).
Casual Employees up to and including the VPS 4 classification who are engaged
to work on a Sunday will be paid at the rate of 100% additional to their ordinary
hourly rate for each hour of duty. The 100% is in addition to the casual loading
(125% will be applied to the ordinary hourly rate).
(b) Evening Shift Allowance
Casual Employees up to and including the VPS 4 classification who are engaged
to work from Monday to Friday between the hours of 7pm and 7am will be paid an
allowance at the rate of 15% additional of the ordinary hourly rate for each hour of
duty on that day. The 15% is in addition to the casual loading (40% will be applied
to the ordinary hourly rate).
(c) Public Holiday Penalties
Casual Employees who are engaged to work on a Public Holiday will be paid an
allowance of 150% additional of the ordinary rate for each hour worked. The 150%
is in addition to the casual loading (175% will be applied to the ordinary hourly
rate).
2.3.10 Conditions Not Applying to Casual Employees
Casual Employees are excluded from the provisions of the following clauses:
Clauses 2.1.1 to 2.1.6 and 2.1.9 to 2.1.12 inclusive (Hours)
Clauses 2.2.1 to 2.2.8, 2.2.12 to 2.2.23 inclusive (Leave)
Page | 62
Clauses 2.3.5, 2.3.6(a) to 2.3.6(c), 2.3.7 and 2.3.8(a) to 2.3.8(d) inclusive (Salary and
Allowances)
Clauses 2.4.1 to 2.4.5 inclusive (Performance, Development and Progression (PDP)
System)
Clauses 5.6, 5.88 and 6 (Probationary Period/Redeployment/Termination)
Clause 7.9 (Working from Home)
2.3.11 Superannuation
(a) Superannuation legislation
(i) 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 the NGV 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.
(ii) The rights and obligation in these clauses supplement those in
superannuation legislation.
(b) NGV Contributions
The NGV must make such superannuation contributions to a superannuation fund
for the benefit of an Employee, regardless of age, as will avoid the NGV being
required to pay the superannuation guarantee charge under superannuation
legislation with respect to that Employee.
(c) Voluntary Employee Contributions
(i) Subject to the governing rules of the relevant superannuation fund, an
Employee may, in writing, authorise the NGV 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 NGV makes the superannuation
contributions provided for in clause 2.3.11 (b).
(ii) An Employee may adjust the amount the Employee has authorised their
NGV to pay from the wages of the Employee from the first of the month
following the giving of two weeks’ written notice to the NGV.
(c) The NGV must pay the amount authorised under clauses 2.3.11 (c) (i) or
2.3.11 (c) (ii) no later than 28 days after the end of the month in which the
deduction authorised under clauses 2.3.11 (c) (i) or 2.3.11 (c) (ii) was made.
(d) Superannuation fund
Unless, to comply with superannuation legislation, the NGV is required to make the
superannuation contributions provided for in clause 2.3.11 (b) to another
superannuation fund that is chosen by the Employee, the NGV must make the
superannuation contributions provided for in clause 2.3.11 (b) and pay the amount
authorised under clauses 2.3.11 (c) (i) or 2.3.11 (c) (ii) to one of the following
superannuation funds:
Page | 63
(i) the NGV’s default superannuation fund; or
(ii) any superannuation fund to which the NGV 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
(iii) a superannuation fund or scheme which the Employee is a defined benefit
member of.
2.3.12 Salary Packaging
An Employee may enter into a salary packaging arrangement with the NGV 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 NGV’s reasonable administrative
costs, are to be met from the salary of the participating Employee.
2.3.13 Reimbursement of Expenses
The NGV will reimburse the Employee their out of pocket expenses actually and
necessarily incurred in the course of their authorised duties. Except in the case of
International Travel Allowance all out of pocket expenses must be substantiated and
claimed in accordance with the NGV Payments and Payables Procedure in order to be
reimbursed. The International Travel Allowance will be paid to Employees travelling
overseas in the course of their duties, for meals and incidental costs, in accordance with
the Employment Conditions Abroad (ECA) International Travel Allowance Schedule and
within the Australian Taxation Office (ATO) reasonable limits, consistent with NGV Travel
Procedures (which apply separately and are not incorporated).
Allowable Expenses
Allowable expenses include:
travelling, accommodation, meals and other incidental expenses
associated with an overnight absence from home or part day duties away
from the normal work location;
expenses incurred in using private mobile and home phones in
accordance with clause 2.3.13(a); and
expenses incurred in using private motor vehicles in accordance with
clause 2.3.13(b).
(a) Private Mobile and Home Phone use
An Employee, required to use his/her private mobile phone or home phone/internet
in the course of their employment, will be reimbursed for work-related usage under
their plan.
The Employee must obtain the prior approval of the NGV before using their private
mobile or home phone/email during the course of their employment.
Following use, the Employee must submit an itemised statement of the calls made
and their cost.
Page | 64
(b) Private Motor Vehicle Use
An Employee, required to use his/her private motor vehicle in the course of his/her
employment, will be reimbursed for kilometre costs incurred in the course of the
Employee’s employment and authorised by the NGV.
The Employee must obtain the prior approval of the NGV before using their private
motor vehicle during the course of their employment.
Following use, the Employee must submit a claim form stating the date, the
purpose of the trip, the number of kilometres travelled and the type of vehicle used.
The rates payable in respect of motor kilometre costs will be the rates determined
by the Australian Tax Office from time to time.
(c) Expense Claims
An Employee must submit official receipts as soon as practical after the event as
evidence of expenditure incurred, except where the Employee uses his/her own
motor vehicle for work purposes in which case the Employee will submit a
declaration in accordance with clause 2.3.13.
A Statutory Declaration from the Employee that the expense was incurred may be
accepted if the receipt is lost or misplaced, and suitable verification can be made.
A Statutory Declaration from the Employee that an incidental expense was incurred
may be accepted if the NGV and the Employee agree that the obtaining of a
receipt was impractical.
The NGV will pay the Employee money owing under this clause in a manner to be
agreed between the NGV and Employee as soon as practicable but not later than
four weeks after the Employee submits a claim.
Upon request, the NGV will provide an advance for the expected costs associated
with work related travel or any other exercise where an Employee is likely to incur
work related expenses. As soon as practicable after the event, the Employee will
provide the NGV with an account of all expenses incurred together with receipts
(and where necessary a statement) together with any balance owed to the NGV.
2.3.14 First Aid Allowance
An Employee credited with a first aid certificate who is required by the NGV to utilise that
certificate as part of their duties will receive allowances as follows:
Date of Effect Amount per Annum
20 March 2020 $644
1 December 2020 $652
1 September 2021 $662
1 June 2022 $670
1 March 2023 $680
1 December 2023 $687
The NGV will reimburse any additional costs incurred by the Employee in obtaining and
maintaining the first aid qualification.
Page | 65
2.3.15 Temporary Assignments (Higher Duties Allowance)
A Higher Duties Allowance will be paid where an Employee has been required to
undertake all or part of the duties of a higher classified position for a period of:
(a) at least five consecutive days for a full-time Employee; and
(b) at least five days in a fortnight for a part-time Employee.
A higher classified position includes a position classified at a higher Value Range (and
may include acting in the role of an Executive Officer). The purpose of Higher Duties is to
provide continuity of key services to the NGV during periods of Employee absences and
is an opportunity for professional development and progression planning. Employees
willing to undertake higher duties should receive adequate recompense to acknowledge
the additional responsibilities required.
The level of allowance shall be in proportion to the extent of the higher duties performed,
and shall be calculated on the base Salary applicable to the higher classified position in
which the Employee is acting.
Paid leave taken during a Higher Duties assignment shall be paid inclusive of the
allowance. Where an Employee has been acting in a higher position for a period of twelve
months, and performance is assessed as satisfactory, the Employee will be eligible for
receipt of a progression Payment at the Higher Duties level beyond 12 months
When an Employee's role description includes 2IC responsibilities, this will not preclude
the payment of Higher Duties if that Employee acts in the more senior position in
accordance with this clause.
2.4 Training and Development
The Parties recognise that a skilled and highly professional workforce with career opportunities is
of mutual benefit to both the NGV and the Employees.
Training and development, effective feedback and the transfer of responsibility are all important in
providing opportunities for improving the skills of Employees and in enabling Employees to more
wholly contribute to the achievement of the NGV’s objectives. Encouraging the development and
broadening of both professional and technical skills and interaction between Managers and
Employees are all necessary in recognising, building and using Employees’ skills. Training and
development will cover the areas of administration, management, professional and technical skills.
The development of these skills is shared between three parties who take on the following
responsibilities:
The NGV, who will support the allocation of sufficient financial resources and provide
opportunities for Employees to use and develop their skills;
The Manager, who will provide support, encouragement, opportunities and feedback, and
allocate appropriate budgets for agreed Employee training needs; and
Employees, who will, in consultation with their Managers, take responsibility for their PDP
plans/evaluation process.
2.4.1 Performance, Development and Progression (PDP) System
The Performance, Development and Progression (PDP) System aims to ensure that all
Employees are working to achieve common outcomes, in line with the NGV’s strategic
objectives and that Employees are recognised and acknowledged for their efforts.
Page | 66
2.4.2 Performance Cycle
The PDP System operates in a yearly cycle which covers the period from 1 July to 30
June each year.
2.4.3 Annual Performance and Development Plan
The Annual Performance and Development Plan is developed via consultation between
the Employee and the Manager. The Annual Performance and Development Plan
contains:
a performance section which includes the progression criteria that the
Employee and the Manager have agreed on; and
a development section which is designed to plan and document the Employee’s
career goals, and to identify specific steps to take toward these career goals.
2.4.4 Performance Standards
The progression criteria for an individual Employee is to be developed using the
performance standards for all Grades, as follows:
Achieving performance targets
Demonstrating NGV values and behaviours
Applying learning and development.
Management should facilitate an individual Employee’s ability to undertake appropriate
learning and development. An individual Employee must actively pursue appropriate
learning and development to meet their performance standard. An Employee will not be
disadvantaged where learning and development opportunities are not available.
Central to progression is the need for supervisors and managers, in consultation with
Employees, to determine what should, and can, be delivered to warrant progression
through a combination of increasing capability, productivity, performance and
professionalism. This interaction between managers and Employees gives authority and
integrity to the structure and its sustainability in the long term.
2.4.5 Tracking and Feedback
Throughout the PDP cycle continuous review and feedback should occur. There should
be a formal review of the Annual Performance and Development Plan at least every six
months. The formal review provides an opportunity to document the informal feedback
which has been provided regularly throughout the cycle. A final performance review is
undertaken at the end of each PDP cycle, after 30 June each year. Performance against
the progression criteria is assessed at this time.
2.5 Management of Unsatisfactory Work Performance
2.5.1 The purpose of this clause is to:
(a) support Employees with unsatisfactory work performance to improve their
performance to the required standard; and
(b) ensure that unsatisfactory work performance is addressed expeditiously; and
(c) reflect the public sector values of integrity, impartiality, accountability and respect
with the aim of ensuring that Employees are treated fairly and reasonably; and
Page | 67
(d) provide a fair and transparent framework for action to be taken where an Employee
continues to perform below the NGV’s expected standard.
2.5.2 Application
Subject to applicable Victorian and federal legislation, action taken by the NGV 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.
2.5.3 Referred unsatisfactory work performance matters
The NGV may at any time elect, where there is reasonable cause, to manage the
Employee’s work performance in accordance with clause 2.6. 'Management of
Misconduct'. Once an election has been made by the NGV under this clause, any
matters that have arisen under the process in this clause may be considered in the
process pursuant to clause 2.6.
2.5.4 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.
2.5.5 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 NGV must:
(a) tell the Employee the purpose of the meeting; and
(b) provide the Employee with a copy of the formal unsatisfactory work performance
process to be followed as outlined in clause 2.5.9; and
(c) 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
(d) allow the Employee the opportunity to provide details of any mitigating
circumstances.
The NGV must take into account any reasonable explanation of any failure by the
Employee to participate before making a decision under this clause.
2.5.6 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.
Page | 68
2.5.7 Prior to Commencing Process
Prior to commencing the formal unsatisfactory work performance process, the NGV must:
(a) consider organisational or personal factors that play a role in the Employee’s
unsatisfactory work performance and consider alternatives to the unsatisfactory
work performance process to address the problem; and
(b) have a reasonable expectation that the Employee is capable of meeting the
required level of performance. If the NGV and Employee agree that the Employee
is not capable of meeting the required level of performance the NGV 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 NGV and
Employee agree.
2.5.8 Commencing the formal unsatisfactory work performance process
Where the NGV considers that informal attempts to address an Employee’s
unsatisfactory work performance have been unsuccessful, the NGV may proceed to
formally manage the Employee’s unsatisfactory work performance in accordance with,
but not limited to, all or some of the following measures:
(a) increased supervision; or
(b) changes to the Employee’s performance plan; or
(c) mentoring; or
(d) training and professional development; or
(e) increased feedback;or
(f) coaching; or
(g) performance improvement plan.
2.5.9 First stage – formal counselling
The first stage of formal management of unsatisfactory work performance is formal
counselling of the Employee. The NGV must:
(a) advise the Employee of the unsatisfactory work performance and confirm the
commencement of the formal counselling stage; and
(b) outline the standard required of the Employee; and
(c) provide the Employee with an opportunity to respond within a reasonable
timeframe; and
(d) provide the Employee with an opportunity to improve within a reasonable
timeframe.
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.
A record of the formal counselling session will be placed on the Employee’s personnel
file.
Page | 69
The formal counselling record must indicate:
(a) the standard expected of the Employee; and
(b) where and how the Employee is not meeting this standard; and
(c) 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.
If the NGV determines that the Employee has met the required standard of performance
during the reasonable timeframe referred to in clause 2.5.9(d) above, the NGV will notify
the Employee that:
(a) the formal unsatisfactory work performance process has been completed; and
(b) no further action will be taken by the NGV 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.
2.5.10 Second stage – Formal written warning
The Employee will be given a formal written warning by the NGV, if:
(a) the Employee’s performance has not improved within the reasonable period
following formal counselling in accordance with clause 2.5.9(d); and/or
(b) the Employee engages in further unsatisfactory work performance.
The NGV must:
(a) advise the Employee of the unsatisfactory work performance; and
(b) outline the standard required of the Employee; and
(c) provide the Employee with an opportunity to respond within a reasonable
timeframe; and
(d) provide the Employee with an opportunity to improve within a reasonable
timeframe.
The formal written warning must indicate:
(a) the standard expected of the Employee; and
(b) where and how the Employee is not meeting this standard; and
(c) 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.
The written warning will be placed on the Employee’s personnel file.
If the NGV determines that the Employee has met the required standard of performance
during the reasonable timeframe referred to above, the NGV will notify the Employee that:
(a) the formal unsatisfactory work performance process has been completed; and
Page | 70
(b) no further action will be taken by the NGV 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.
2.5.11 Third stage – Final Warning
The Employee will be given a final written warning by the NGV if
(a) the Employee’s performance has not improved within the reasonable time period
following receipt of a formal written warning in accordance with clause 2.5.10(d);
and/or
(b) the Employee engages in further unsatisfactory work performance.
The NGV must:
(a) advise the Employee of the unsatisfactory work performance; and
(b) outline the standard required of the Employee; and
(c) provide the Employee with an opportunity to respond within a reasonable
timeframe; and
(d) provide the Employee with an opportunity to improve within a reasonable
timeframe.
The final written warning must indicate:
(a) the standard expected of the Employee; and
(b) where and how the Employee is not meeting this standard; and
(c) 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.
The final written warning will be placed on the Employee’s personnel file.
If the NGV determines that the Employee has met the required standard of performance
during the reasonable timeframe referred to in clause 2.5.11(d), the NGV will notify the
Employee that:
(a) the formal unsatisfactory work performance process has been completed; and
(b) no further action will be taken by the NGV 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.
2.5.12 Determination of Unsatisfactory Work Performance Outcome
In the event that the Employee’s performance has not improved within the reasonable
time period following the process set out in clauses 2.5.9 'First Stage' and 2.5.10 'Second
Stage' and on receipt by the Employee of the final written warning in accordance with
clause 2.5.11 'Third Stage', the NGV will advise the Employee of the Employee’s
continued or repeated unsatisfactory work performance and provide the Employee with a
reasonable opportunity to respond.
Page | 71
After considering the Employee’s performance and response (including any failure to
respond in accordance with the previous clause) the NGV will determine the
unsatisfactory work performance outcome that is to apply to the Employee.
The possible outcomes are:
(a) 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
(b) termination of the Employee’s employment.
The NGV will advise the Employee of the unsatisfactory work performance outcome in
writing and a copy will be placed on the Employee’s personnel file.
2.5.13 Disputes
Any dispute arising under this clause may only be dealt with in accordance with Clause 3
'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 2.5.5
'Procedural Fairness to Apply' has been complied with in the NGV coming to a decision):
(a) a record of formal counselling; or
(b) a formal written warning; or
(c) a final written warning; or
(d) a notification given to the Employee pursuant to a determination that the Employee
has met the required stand of performance during a reasonable time frame under
clauses 2.5.9 First Stage, 2.5.10 Second Stage or 2.5.11 Third Stage; or
(e) a record of unsatisfactory work performance outcome.
2.6 Management of Misconduct
2.6.1 The purpose of this clause is to:
(a) establish procedures for managing misconduct or alleged misconduct of an
Employee;
(b) provide for Employee alleged misconduct to be investigated and addressed
expeditiously and with minimal disruption to the workplace;
(c) reflect the public sector values of integrity, impartiality, accountability and respect
with the aim of ensuring that Employees are treated fairly and reasonably; and
(d) manage the Employee’s performance in accordance with this clause 2.6
'Management of Misconduct' instead of clause 2.5 'Management of Unsatisfactory
Work Performance' where the NGV determines that it would be more appropriate.
2.6.2 Application
(a) Subject to applicable Victorian and federal legislation, action taken by the NGV 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.
Page | 72
2.6.3 Meaning of misconduct
For the purposes of this clause, misconduct includes:
(a) a contravention of a provision of the Public Administration Act 2004 (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
(b) improper conduct in an official capacity; or
(c) a contravention, without reasonable excuse, of a lawful direction given to the
Employee as an Employee by a person authorised to give that direction; or
(d) an Employee making improper use of their position for personal gain; or
(e) an Employee making improper use of information they acquired by virtue of their
position to gain personally, or for anyone else, financial or other benefits or to
cause detriment to the NGV or the public sector.
2.6.4 Referred matters under clause 2.5 – Management of Unsatisfactory Work
Performance
Any matters that have arisen under the Management of Unsatisfactory Work
Performance process in clause 2.5 may be considered in the misconduct process
pursuant to this clause 2.6.
2.6.5 Employee representation
An Employee is entitled to be represented by a person of their choice (including a Union
representative) at any stage of the misconduct process.
2.6.6 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 NGV will:
(i) Advise the Employee of the purpose of any meetings; and
(ii) provide the Employee with a copy of the formal process to be followed; and
(iii) provide a reasonable opportunity for the Employee to seek advice from the
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 NGV must take into account any reasonable explanation of any failure by the
Employee to participate before making a decision under this clause 2.6.
2.6.7 Directions
Where Employee misconduct is alleged, the NGV may do any of the following:
Page | 73
(a) make an initial assessment of the alleged misconduct before commencing the
formal process to determine if an investigation is required in accordance with
clause 2.6.10 'Investigation of alleged misconduct'; and/or
(b) determine that it is appropriate to immediately commence an investigation of the
alleged misconduct in accordance with clause 2.6.10 'Investigation of alleged
misconduct'; and/or
(c) direct the Employee to proceed immediately to perform alternative duties or work at
an alternative place of work; and/or
(d) direct the Employee not to speak to other Employees of the NGV about the matter
or not to visit certain places of work; and/or
(e) suspend the Employee with pay.
In the event that the NGV exercises rights under clause 2.6.7(e), the NGV will:
(a) review this decision no later than a date which is four weeks after the
commencement of the suspension; and
(b) confirm whether the suspension is to continue or is no longer necessary.
The NGV 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 2.6.
2.6.8 Advising the employee
As soon as practicable after an allegation of misconduct has been made and the NGV
has determined in accordance with clause 2.6.7(a) or clause 2.6.7(b) that an investigation
is required, the NGV 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.
2.6.9 Admissions by Employee
The Employee may at any stage elect to admit the alleged misconduct.
If the Employee admits the alleged misconduct, the NGV may:
(a) determine that further investigation is required (for example to investigate partial
admissions, mitigating circumstances or other relevant issues); or
(b) may proceed immediately to the determination of the misconduct clause 2.6.12
'Determination of discipline outcome' by advising the Employee of the proposed
discipline outcome and giving the Employee a reasonable opportunity to respond
to the findings in accordance with 2.6.11 ‘Opportunity for response by employee’.
2.6.10 Investigation of alleged misconduct
Where an investigation is required, the NGV 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.
Page | 74
The NGV will provide the Employee with an opportunity to speak to the investigator if the
Employee wishes to do so.
The investigation may include:
(a) collecting any relevant materials; and
(b) speaking with the Employee; and
(c) speaking with any relevant witnesses; and
(d) providing the Employee with specific particulars to allow the Employee to properly
respond to the alleged misconduct; and
(e) seeking an explanation from the Employee; and
(f) 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:
(a) the allegation is substantiated; or
(b) the allegation is not substantiated.
Where the investigator makes a finding that an allegation is not substantiated, which is
accepted by the NGV, 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 NGV will
consider this information and propose a discipline outcome.
2.6.11 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.
2.6.12 Determination of discipline outcome
The NGV will consider:
(a) the findings of the investigator; and
(b) any recommendations as to the appropriate disciplinary outcome; and
(c) any response of the Employee (including any admission of misconduct under
clause 2.6.10 'Investigation of alleged misconduct'); and
(d) 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.
Page | 75
The possible discipline outcomes are:
(a) no action; or
(b) performance management; or
(c) formal counselling; or
(d) formal warning; or
(e) final warning; or
(f) 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;
(i) Where no suitable positions are available at the Employee’s existing work
location, the disciplinary outcome may also include a transfer of the
Employee with or without their agreement to a different team or work
location;
(g) transfer of the Employee with or without their agreement to a different team or work
location at the Employee’s current classification level; or
(h) termination of employment.
In order to avoid a more severe discipline outcome being applied to an Employee, the
NGV may apply the discipline outcomes listed above, together to form a single
disciplinary outcome.
The NGV will advise the Employee of the discipline outcome in writing and a copy will be
placed on the Employee’s personnel file.
2.6.13 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 NGV 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.
2.6.14 Disputes
(a) Any dispute arising under this clause may only be dealt with in accordance with
clause 3 '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 2.6.6 'Procedural fairness to Apply' has been complied with in the NGV
coming to a decision):
(a) a record of formal counselling; or
(b) a formal written warning; or
(c) a final written warning; or
(d) a record of discipline outcome.
(b) Despite clause 2.6.14(a), a party to a misconduct investigation may use clause 3
(Resolution of Disputes) over the application of clause 2.6.6 (b) when:
Page | 76
(i) a misconduct investigation under clause 2.6.10 has not been completed
within six months of the Employee being advised of alleged misconduct
under clause 2.6.8, and
(ii) the party considers the delay to be unreasonably caused by the other party.
2.6.15 Potential criminal conduct
Where alleged misconduct that is the subject of a process in accordance with this clause
2.6 is also the subject of a criminal investigation or criminal proceedings, the NGV is not
required to delay or cease the management of misconduct process under this clause 2.6
but the NGV may exercise its discretion to do so.
3 Resolution of Disputes
For the purposes of this clause 3, a dispute includes a grievance.
Unless otherwise provided for in this Agreement, a dispute about a matter arising under this Agreement
or the National Employment Standards set out in the FW Act, other than termination of employment,
must be dealt with in accordance with this clause. 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.
The CPSU may raise a dispute and be a party to a dispute in its own right or in a representative
capacity for an Employee or group of Employees.
A person covered by this Agreement may choose to be represented at any stage by a representative,
including a Union representative or a representative from the NGV.
3.1 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 the NGV of this
concern and has not unreasonably failed to comply with a direction by the NGV 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.
3.2 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 the
NGV, they must be released by the NGV from normal duties for such periods of time as may be
reasonably necessary to enable them to represent Employees concerning matters pertaining to the
employment relationship including but not limited to:
3.2.1 Investigating the circumstances of a dispute or an alleged breach of this Agreement;
3.2.2 Endeavouring to resolve a dispute arising out of the operation of this Agreement; or
Page | 77
3.2.3 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 provision that it does not
unduly affect the operations of the NGV.
3.3 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 the NGV appointed for the purposes of this procedure.
3.4 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:
3.4.1 is consistent with the rules of natural justice;
3.4.2 provides for mediation or conciliation of the dispute;
3.4.3 provides that the NGV will take into consideration any views on who should conduct the
review; and
3.4.4 is conducted as with as little formality as a proper consideration of the dispute allows.
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 the FWC to have the dispute
dealt with by conciliation.
3.5 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 the FWC.
No dispute of a collective character may be referred to FWA directly unless there has been a
genuine attempt to resolve the dispute at the workplace level prior to it being referred to FWA.
3.6 Conciliation
Where a dispute is referred for conciliation, a member of the FWC shall 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:
3.6.1 conferences of the parties to the dispute presided over by the member; and
3.6.2 for the parties to the dispute to confer among themselves at conferences at which the
member is not present.
Conciliation before the FWC shall be regarded as completed when:
3.6.3 the parties to the dispute have reached agreement on the settlement of the dispute; or
Page | 78
3.6.4 the member of the FWC conducting the conciliation has, either of their own motion or
after an application by a party to the dispute, satisfied themselves that there is no
likelihood that, within a reasonable period, further conciliation will result in a settlement; or
3.6.5 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.
3.7 Arbitration
If the dispute has not been settled when conciliation has been completed, a party to the dispute
may request that the FWC proceed to determine the dispute by arbitration.
Where a member of the 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 the FWC is binding upon the persons covered by this Agreement.
A determination of a single member of the FWC made pursuant to this clause may, with the
permission of the Full Bench of the FWC, be appealed.
3.8 General Powers and Procedures of the FWC
Subject to any agreement between the parties in relation to a particular dispute and the provisions
of this clause, in dealing with a dispute through conciliation or arbitration, the FWC may conduct
the matter in accordance with Subdivision B of Division 3 of Part 5-1 of the FW Act.
4 Recruitment
4.1 Selection and Recruitment
The recruitment process will be undertaken in a timely and effective manner, ideally within three
months of a position becoming vacant. Should a role not be filled within this time an appropriate
strategy will be put in place to ensure that Employees’ workloads are not adversely affected.
Where possible, advertising for vacancies will be conducted internally prior to advertising
externally.
The NGV is committed to applying the principles of merit and equity in the recruitment of
Employees, their promotion and transfer. This will include applying these principles in determining
remuneration.
4.2 Secure Forms of Employment
The NGV acknowledges the positive impact that secure employment has on employees and the
provision of quality services to the Victorian community.
The NGV 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 in the Agreement shall be resolved in accordance with Clause 3
‘Resolution of Disputes’.
4.3 Job Information
Where possible, Role Statements shall be kept up to date and will reflect the requirements of the
job. Role Statements should be reviewed annually as part of the PDP Plan Process. Where a
Page | 79
request to review a Role Statement is made by the Employee, the relevant Manager will undertake
a timely review in consultation with the Employee. Role Statements/responsibilities will not be
changed without appropriate consultation with the affected Employee.
Should an Employee be employed on a Fixed Term Contract, they must be provided in writing, or
electronically, the reason for their Fixed Term Employment status consistent with clause 5.3.
The Employee will carry out the duties described in the Role Statement and such other duties as
directed consistent with their skills and classification descriptors.
The NGV will provide the Employee with a copy of this Agreement. Employees will also be
provided with basic information regarding Union membership/the CPSU as part of their induction
materials.
The NGV will continue to provide a robust, informative and appropriate induction program to
ensure that all new Employees are provided with necessary and essential workplace information,
and are informed of their rights and responsibilities in accordance with both NGV and VPS policies
and procedures.
The NGV will ensure that the CPSU is provided with an opportunity to explain its role and functions
in Consultative and Grievance Resolution processes provided for in this Agreement on a regular
basis.
5 Types of Employment
Employees may be employed:
On an Ongoing basis – Where there is no end date expressed. Ongoing employment
may be either Full-Time (76 hours per fortnight) or Part-Time (not exceeding 75 hours per
fortnight).
On a Fixed Term basis – Employed for a period of up to three years on either a Full-Time
or Part-Time basis.
On a Casual basis – Engaged on an irregular or intermittent basis and is paid by an
inclusive Hourly Rate instead of the various terms and conditions which apply to other
Employees engaged on an hourly basis and paid for hours worked but will not include a
Full-Time or Part-Time Employee.
5.1 Part-Time Employment
Part-Time employment is for not less than three consecutive hours in any day worked except
where the Employee works from home by agreement with the NGV; or in exceptional
circumstances with the agreement of the Employee.
Part-Time employment may be worked only by agreement between the Employee and the NGV,
where that agreement includes a roster specifying:
5.1.1 the days in each fortnight the Employee will work;
5.1.2 the start and finish times on the days which the Employee will work;
5.1.3 the number of hours the Employee will work on each day they work; and
5.1.4 agreed processes for the variation of hours of work.
Such agreed rostered hours shall be considered the Employee’s ordinary hours.
Page | 80
Part Time Employees are entitled to salary, leave and other entitlements contained in the
Agreement on a pro rata basis.
Where an Employee receives, and works, extra hours (i.e. hours above their minimum contracted
hours as stated in their Letter of Offer), they are eligible to accrue Personal/Carer’s and Annual
Leave on these shifts on a Pro-rata basis.
5.2 Casual Employment – when it may be used
The employment of casuals in all areas covered by this Agreement includes:
5.2.1 meeting short term work demands which are not continuing and would not be expected to
be met via existing Employee levels; or
5.2.2 meeting specialist skill requirements which will not be required on a continuing or
frequently recurring basis.
Casual employment will be for not less than three consecutive hours in any day worked except:
5.2.3 where the Employee works from home by agreement with the NGV; or
5.2.4 exceptional circumstances with the agreement of the Employee.
When a Casual Employee has been engaged over a six month period, and the employment has
been on a regular and consistent basis, the employment will be reviewed and consideration given
to offering either Fixed Term employment or Ongoing employment as appropriate.
An employee engaged by the NGV as a regular casual employee may also request, in writing, that
their employment be reviewed and consideration given to offering either full-time or part-time
employment as appropriate, following the process set out in the relevant underpinning modern
awards.
The use of Casual Employees will not be for the purpose of undermining the job security of Full-
Time Ongoing Employees or for the purpose of turning over a series of Casual workers to fill an
ongoing employment vacancy. Refer to clauses 2.3.8(e) and 2.3.99 for information relating to
Casual Employment conditions.
5.3 Fixed Term Employment – When it may be used
Appointment on a Fixed Term basis shall occur within the following circumstances:
5.3.1 replacement of Employees undertaking approved leave;
5.3.2 meeting fluctuating business and Employee needs and unexpected increased workloads;
5.3.3 undertaking a specific, but finite task, possibly linked to one off funding from an external
source;
5.3.4 filling a vacancy resulting from an Employee undertaking a temporary assignment or
secondment;
5.3.5 temporarily filling a vacancy where, following an appropriate selection process, a suitable
ongoing Employee is not available; or
5.3.6 temporary backfill during a period of transition/restructure.
The use of Fixed Term contract positions will not be for the purpose of undermining the job security
or the conditions of Full-Time Ongoing Employees. Fixed Term appointments shall be for a
maximum of three years, subject to clause 2.2.3 ‘Parental Leave’. When a Fixed Term appointment
is provided by a specific external funding source, related to a finite task or to address needs arising
Page | 81
as a result of exceptional circumstances, the appointment may, by mutual agreement be extended
for a further period as agreed.
If a position is identified which does not meet the criteria outlined in the above clauses, and the
status cannot be resolved via informal discussion between the parties, then the matter shall be
dealt with in accordance with clause 3 ‘Resolution of Disputes’.
5.4 Confirmation of Expiry of Fixed Term Employment
Where a fixed term Employee is employed for a period greater than six months’ duration, the NGV
will provide written confirmation, at least four weeks before the fixed term Employee’s employment
is due to expire, that the employment will in fact expire on the date stipulated in the relevant Letter
of Offer. This is designed to assist fixed term Employees to plan their future constructively.
Payment of salary to an affected Employee will not cease until four weeks after this confirmation
has occurred, (i.e. if the NGV fails to confirm the employment expiry at least four weeks before the
notional end of the employment, then payment of salary to the Employee will be extended to
ensure that the Employee receives four weeks’ salary after the notice is given).
5.5 Casual and Fixed Term Audit
The NGV agree that over the life of the agreement they will:
(a) Undertake an audit of the use of casual and fixed term employment in the NGV
(casual and fixed term audit);
(b) Share aggregate data with the CPSU; and
(c) Develop a strategy to maximise the use of ongoing and secure employment based on
the outcomes of the casual and fixed term audit, including a process for employee
conversion to ongoing employment.
5.6 Probationary Period
All new Employees are subject to a three-month probationary period. If conduct or performance
issues are identified during the probationary period, the Employee shall be counselled during this
period in relation to their conduct and a written record shall be maintained. The probationary
period may be extended, with the extension being confirmed in writing, by a period of not more
than three months to allow for performance issues to be addressed.
Unless the employment is terminated either prior to or at the end of the period of probation, the
NGV shall confirm the Employee’s appointment in writing. In the event that the Employee’s conduct
or performance during the probationary period is unsatisfactory, the NGV may terminate the
employment with two weeks’ notice.
Once an Employee has successfully completed a probationary period, they will not be required to
undergo any further periods of probation in any subsequent positions with the NGV.
5.7 Supported Wage System
The conditions which apply to Employees who, because of a disability, are eligible for a supported
wage, are set out in Schedule Four.
5.8 Redeployment
Fixed term and Casual Employees do not have access to these redeployment/retrenchment
provisions. Any situation of redeployment or redundancy shall be managed in accordance with the
Victorian Government policies in relation to public sector redundancy, redeployment and
retrenchment applying at the time. These policies apply to NGV but do not form part of this
Page | 82
Agreement. Where the role of an ongoing Employee has been identified as surplus to the
requirements of the NGV, the following redeployment provisions will apply.
5.8.1 A skills and training needs assessment will be undertaken and all attempts will be made to
redeploy the Employee into a position at comparable salary within the NGV.
5.8.2 The Employee will be provided with meaningful work and retain their existing classification
level and salary during the period of redeployment.
5.8.3 Redeployees will have priority access to a merit-based process for vacancies both at the
Employee’s classification level and below their classification level.
5.8.4 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 Salary will be applicable for a period
of six months.
5.8.5 Unplaced surplus Employees will have access to departure packages after a reasonable
period.
5.8.6 Retrenchment and payment of a separation package to be used as an action of last resort
where redeployment within a reasonable period does not appear likely.
Where the Employee is unable to be provided with a suitable placement, the NGV may terminate
the Employee’s employment in accordance with the provisions of this Agreement.
6 Termination of Employment
6.1 Termination by NGV
Subject to this Agreement the NGV may only terminate the employment of an Employee for the
reasons outlined in section 33 of the Public Administration Act.
6.1.1 Notice of Termination by NGV
In order to terminate the employment of an Employee, other than a Casual Employee, the
NGV must give to the Employee the following notice period:
Employee’s period of Continuous
Service with the NGV
Minimum period of notice
Not more than 3 years 2 weeks
More than 3 years 4 weeks
In addition to this notice, Employees over 45 years of age at the time of the giving of the
notice with not less than two years Continuous Service, are entitled to an additional
week’s notice.
Payment in lieu of notice will be made if the NGV notifies the Employee that the NGV
does not require the Employee to work the entirety of the applicable notice period.
Employment may be terminated by the Employee working part of the required period of
notice and by the NGV making payment for the remainder of the period of notice.
In calculating any payment in lieu of notice, the NGV will use the salary an Employee
would have received for the ordinary time they would have worked during the period of
notice had their employment not been terminated.
The period of notice in this clause will not apply to dismissal for serious misconduct.
Page | 83
6.2 Employee Resignation
Unless otherwise agreed by the NGV and an Employee, an Employee other than a probationary
Employee may resign at any time by giving a minimum of four weeks' written notice to the NGV.
In the event an Employee resigns and elects to leave before serving the required notice period, the
balance of the notice period not served will not be paid out by the NGV.
6.3 Abandonment of Employment
Abandonment of employment is the unapproved absence of an Employee without reasonable
grounds as described below.
The NGV is entitled to regard the employment of an Employee as abandoned if:
6.3.1 the Employee has been absent for more than 20 working days without the approval of the
NGV; and
6.3.2 the Employee has not proved the NGV with a reasonable explanation for their absence;
and
6.3.3 the NGV, after having made reasonable enquiries, could not reasonably be aware of any
reasonable grounds for the absence.
Abandonment of employment constitutes grounds for termination by the NGV if the employment
has not otherwise ended.
If the NGV terminates and Employee’s employment due to abandonment of employment, the NGV
will provide notice of termination or pay in lieu of notice in accordance with clause 6.1.1.
6.4 Statement of Employment
The NGV must, upon receipt of a request from an Employee whose employment will cease or has
ceased, provide to the Employee a written statement specifying the period of their employment and
the classification of or the type of work performed by the Employee.
Where the NGV terminates an Employee's employment, the NGV must, at the Employee’s request,
provide a written statement of the reasons for dismissal.
6.5 Rights Not Limited
This clause does not limit the rights of Employees to pursue any other legal remedy in respect of
termination of employment.
7 General
7.1 Outside Employment
Where there is a potential for conflict of interest or for such outside employment or activities to
adversely impact on the Employee’s ability to effectively carry out their duties, an Employee must
seek approval to engage in outside employment or conduct a business, trade or profession while
employed by the NGV. This request and approval must be formally documented with Human
Resources.
Page | 84
7.2 Consultation
7.2.1 Implementation of Change
This clause should be read alongside clause 2.3.3 – Agility Principles.
Where the NGV 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, the NGV will advise:
(a) the relevant Employees, the CPSU and any other representative nominated by a
relevant Employee of the proposed change as soon as practicable after the proposal
has been made.
(b) the relevant Employees, the CPSU and any other representatives nominated by a
relevant Employee of the likely effects on the Employees’ working conditions and
responsibilities.
(c) of the rationale and intended benefits of any change, including improvements to
productivity, if applicable.
For the purpose of this clause, a major change is likely to have a significant effect on
Employees if it results in:
(a) the termination of the employment of Employees;
(b) major change to the composition, operation or size of the NGV’s workforce or to the
skills required of Employees;
(c) the elimination or diminution of job opportunities (including opportunities for promotion
or tenure);
(d) the alteration of hours of work;
(e) the need to retrain Employees;
(f) the need to relocate Employees to another workplace;
(g) the restructuring of jobs
Relevant employees means the Employees who may be affected by a change referred in
this clause 7.2.1. The Relevant employees may appoint a representative for the purposes
of the procedures of this clause. The NGV must recognise the representative appointed by
a Relevant employee(s) if:
(a) a Relevant employee appoints, or Relevant Employees appoint, a representative,
which may include CPSU; and
(b) the Relevant employee or Relevant employees advise the NGV of the identity of the
representative.
The NGV will:
(a) regularly consult with relevant Employees, the CPSU and any other representative
nominated by a relevant Employee; and
(b) give prompt consideration to matters raised by the Employees, the CPSU and any
other representative nominated by a relevant Employee; and
Page | 85
(c) where appropriate provide training for the Employees to assist them to integrate
successfully into the new structure.
In accordance with this clause, the relevant Employees, the CPSU 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 the NGV must give
considered reasons to the affected Employees, the CPSU and any other representative
nominated by a relevant Employee if the NGV does not accept its proposals.
Indicative reasonable timeframes are as follows:
Step in process Number of working days in which to perform
each step
NGV advises Employees, the CPSU
and any other representative
nominated by a relevant Employee
Response from Employees, the CPSU
or any other representative nominated
by a relevant Employee
5 days following receipt of written advice from
NGV
Meeting convened (if requested) 5 days following request for meeting
Further NGV response (if relevant) 5 days following meeting
Alternative proposal from Employees,
the CPSU and any other
representative nominated by a relevant
Employee, if applicable
10 days following receipt of NGV response
NGV response to any alternative
proposal
10 days following receipt of alternative proposal
Any dispute concerning the Parties’ obligations under this clause shall be dealt with in
accordance with clause 3 'Resolution of Disputes'.
7.2.2 Consultation on Changes to Rosters or Hours of Work
This clause applies if the NGV proposes to introduce a change to the regular roster or
ordinary hours of work of Employees.
The NGV must notify the relevant Employees of the proposed change.
The relevant Employees may appoint a representative for the purposes of the procedures
in this clause.
The NGV must recognise the representative if:
(a) a relevant Employee appoints, or relevant employees appoint, a representative for
the purposes of consultation; and
(b) the Employee or Employees advise the NGV of the identity of the representative;
As soon as practicable after proposing to introduce the change, the NGV must:
(b) discuss with the relevant Employees the introduction of the change; and
(c) for the purposes of the discussion provide to the relevant Employees and their
representatives (if any):
Page | 86
• all relevant information about the change, including the nature of the change;
and
• information about what the NGV reasonably believes will be the effects of the
change on the Employees; and
• information about any other matters that the NGV reasonably believes are likely
to affect the Employees; and
(c) invite the relevant Employees and their representatives (if any) to give their views
about the impact of the change (including any impact in relation to their family or
caring responsibilities).
However, the NGV is not required to disclose confidential or commercially sensitive
information to the relevant Employees.
The NGV must give prompt and genuine consideration to matters raised about the change
by the relevant Employees.
The NGV must display a roster for Rostered Employees in a convenient area fourteen days
prior to the effective date.
The NGV may change the roster without written notice, if the NGV is of the reasonable
opinion that an emergency exists.
A Rostered Employee may request the NGV approve a change to rostered shift times by
giving to the NGV 48 hours’ written notice of the proposed change.
7.3 Confidentiality and Intellectual Property
The Employees acknowledge the need for the NGV to protect its goodwill and business by
adequately safeguarding its Information and Works and agree that, except in the following
circumstances:
7.3.1 where required for the purposes of carrying out the Employees’ duties for the NGV;
7.3.2 with the prior written consent of the NGV;
7.3.3 if required by law; or
7.3.4 when the information has already entered the public domain,
the Employee will:
7.3.5 take all reasonable and necessary precautions and follow all directions of the NGV to
maintain the confidentiality of Information and prevent its disclosure;
7.3.6 not directly or indirectly disclose Information to any person;
7.3.7 not copy, pass over to any person or remove Information from the premises of the NGV
unless appropriately authorised, or required to do so within the course of his/her
employment;
7.3.8 not use the Information for the benefit of the Employee or for the benefit of any other
person except the NGV;
7.3.9 immediately following the ending of the Employee’s employment by the NGV, or at any
earlier time if requested by the NGV, deliver to the NGV all property of the NGV and
Information (and copies thereof) capable of physical delivery and/or comply with all
directions of the NGV in relation to all such property and Information;
Page | 87
7.3.10 agree that the intellectual property rights in any Works which the Employee conceives,
develops, writes or otherwise creates during the course of their Employment by the NGV,
are the sole property of the NGV, and to the extent that they has any moral rights in such
Works, consent to the NGV using those Works in any way it sees fit; and
7.3.11 at the direction of the NGV, execute all documents necessary to perfect the ownership by
the NGV of, or confirm the NGV’s ownership of, the intellectual property rights in the Works
mentioned in clauses 1.14 and 7.3 of this Agreement.
Any breaches of this clause may result in the NGV seeking injunctive relief in addition to and
without prejudice to any other remedies the NGV may have.
Specific provisions are documented in greater detail within the standard Confidentiality and
Intellectual Property Agreement as signed by all Employees upon commencement.
Any changes to this document will occur in consultation with Employees, with updated information
also placed on the NGV Intranet for all staff to access.
For clarification: “…. during the course of their Employment” refers to any work done during work
hours, and/or using NGV property, equipment and/or resources; and/or any work done which is
related to the NGV’s business activities.
7.4 Paid Employees/Union Meetings
In the spirit of a co-operative approach to NGV/Employee relations, the NGV will allow for in certain
circumstances, paid CPSU meetings to consider key issues which are likely to have an effect on
Employees. In such cases, if the CPSU wishes to call such a meeting, it will put forward a request
and discuss the issues with the NGV in a reasonable time frame beforehand. At all times, the
operational needs of the NGV, as far as its continuing ability to provide a service to the public will
be a prime consideration.
7.5 Protection for Authorised CPSU Representatives
An Employee shall not be dismissed or injured in their employment or have their employment
altered to their prejudice, or be threatened with prejudicial or injurious treatment or with dismissal
by reason of their status as an authorised representative of the CPSU, 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 or not unreasonably withheld.
An NGV party to this Agreement shall not injure a person in their employment, or alter the terms or
conditions of employment of a person to their prejudice on the basis of their membership of or
participation in the lawful activities of the CPSU, provided that where any such activities are
undertaken during working hours, the Employee’s release has been approved or not unreasonably
withheld.
7.6 Appropriate Access to Facilities
An authorised Representative of the CPSU shall be released by the NGV 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, or
participating in any bargaining, conciliation, or arbitration process conducted under the provisions
of the FW Act.
Members of the CPSU shall be permitted by the NGV to post appropriate and mutually agreed
written materials authorised by the CPSU in a place within the workplace to which the NGV may
assist the CPSU in gaining convenient access, and to distribute such written material by
appropriate means to CPSU members.
Page | 88
Members of the CPSU shall be permitted reasonable access to the NGV’s Intranet and email
system.
7.7 Cost of Employment Related Legal Proceedings
If an Employee is required to attend or participate in a proceeding, hearing, examination, inquiry or
investigative process on matters which arise from the performance of the Employee’s duties, the
NGV must meet the Employee’s reasonable legal costs relating to the Employee’s appearance and
legal representation in the matter. This includes but is not limited to, a matter before a Royal
Commission, Independent Broad-based Anti-Corruption Commission, Ombudsman’s or a
Coroner’s inquest.
Where legal proceedings are initiated against an Employee as a direct consequence of the
Employee legitimately and properly performing their duties, the NGV will not unreasonably withhold
agreement to meet the Employee’s reasonable legal costs relating to the defence of such
proceedings.
Where, as a direct consequence of the Employee legitimately and properly performing their duties,
it is necessary to obtain an intervention order or similar remedy against a person, the NGV will not
unreasonably withhold agreement to meet the Employee’s reasonable legal costs in obtaining an
order or other remedy.
An Employee’s immediate supervisor must ensure that an application to meet reasonable legal
costs will be referred to the appropriate person or body to enable the application to be decided
expeditiously.
This clause does not require the NGV to meet any Employee legal costs incurred in response to an
employment related act, process or decision of the NGV.
7.8 Facilities, Equipment and Accommodation – General
The NGV shall provide Employees with all such instruments, equipment, tools, stationery and
furniture as may be reasonably necessary for carrying out their work except as otherwise agreed
between the Parties to this Agreement.
The NGV shall provide, in readily accessible locations, first aid equipment adequate for the nature
of the Employee’s duties.
7.9 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.
7.10 No Further Claims
This Agreement is intended to set out, or set out processes for determining, all the terms and
conditions of employment of the Employees which will be subject to the Agreement made under
the FW Act for the period from the date of commencement of this Agreement until 20 March 2024.
The Employees, the Employer and the Union covered by this Agreement agree that they will not for
the period from the date of commencement of this Agreement until the nominal expiry date of this
Agreement make claims to make an enterprise agreement under the FW Act, whether in relation to
matters dealt with in this Agreement or otherwise.
Page | 89
7.11 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 Part
3-4 of the FW Act.
A permit holder may only enter the workplace for the purposes permitted by and in compliance with
the provisions of Part 3-4 of the FW Act.
Subject to 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.
7.12 Policies and Procedures
As part of the NGV’s ongoing commitment to continuous improvement in all areas, the NGV will
ensure that its current policies, practices and procedures reflect a culture of mutual trust and
respect demonstrating fairness and consistency. The NGV will also ensure that there is a clear,
transparent and consistent process applied to updating or implementing changes to existing policy
and procedures, and to ensuring that this involves a reasonable and appropriate level of
communication and consultation with Employees.
This clause does not incorporate the NGV's policies and procedures as terms of this Agreement.
7.13 CPSU SPSF Victorian Branch Council Members
CPSU SPSF Victorian Branch Council members nominated by the Branch Secretary of the CPSU
will be entitled to a half-day per month to attend Branch Council meetings. Time release will
include reasonable time to travel to the meetings.
Additional paid leave will be granted to CPSU SPSF Victorian Branch Council members nominated
by the Branch Secretary to attend:
7.13.1 Federal Executive and Federal Council meetings of the CPSU; and
7.13.2 the Australian Council of Trade Unions’ triennial conference.
On application, the NGV shall grant leave without pay to an Employee for the purposes of
secondment to work for the CPSU.
Page | 88
Schedule 1 - Salaries – VPS Effective 20 March 2020
Grade Value Range
Salary Ranges Progression
amounts Min. Max.
VP
S
O
ffi
ce
r
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
Se
ni
or
O
ffi
ce
r 5
5.1 $99,872 $110,355
$2,994
5.2 $110,357 $120,838
6
6.1 $122,502 $143,219
$3,780
6.2 $143,220 $163,934
Se
ni
or
Te
ch
ni
c
al
Sp
ec
ia
li
st
7
7.1 $166,390 $186,355
$6,209 7.2 $186,359 $206,325
7.3 $206,325 $226,292
page 89
Salaries – VPS Effective 1 December 2020
Grade Value Range
Salary Ranges Progression
amounts Min. Max.
VP
S
O
ffi
ce
r
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
Se
ni
or
O
ffi
ce
r 5
5.1 $101,120 $111,734
$3,031
5.2 $111,736 $122,348
6
6.1 $124,033 $145,009
$3,827
6.2 $145,010 $165,983
Se
ni
or
Te
ch
ni
c
al
Sp
ec
ia
li
st
7
7.1 $168,470 $188,684
$6,287 7.2 $188,688 $208,904
7.3 $208,904 $229,121
page 90
Salaries – VPS - Effective 1 September 2021
Grade Value Range
Salary Ranges Progression
amounts Min. Max.
VP
S
O
ffi
ce
r
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
Se
ni
or
O
ffi
ce
r 5
5.1 $102,637 $113,410
$3,076
5.2 $113,412 $124,183
6
6.1 $125,893 $147,184
$3,884
6.2 $147,185 $168,473
Se
ni
or
Te
ch
ni
c
al
Sp
ec
ia
li
st
7
7.1 $170,997 $191,514
$6,381 7.2 $191,518 $212,038
7.3 $212,038 $232,558
page 91
Salaries – VPS Effective 1 June 2022
Effective
1 June 2022
Grade Value Range
Salary Ranges Progression
amounts Min. Max.
VP
S
O
ffi
ce
r
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
Se
ni
or
O
ffi
ce
r 5
5.1 $103,920 $114,828
$3,114
5.2 $114,830 $125,735
6
6.1 $127,467 $149,024
$3,933
6.2 $149,025 $170,579
Se
ni
or
Te
ch
ni
c
al
Sp
ec
ia
li
st
7
7.1 $173,134 $193,908
$6,461 7.2 $193,912 $214,688
7.3 $214,688 $235,465
page 92
Salaries – VPS - Effective 1 March 2023
Effective
1 March 2023
Grade Value Range
Salary Ranges Progression
amounts Min. Max.
VP
S
O
ffi
ce
r
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
Se
ni
or
O
ffi
ce
r 5
5.1 $105,479 $116,550
$3,161
5.2 $116,552 $127,621
6
6.1 $129,379 $151,259
$3,992
6.2 $151,260 $173,138
Se
ni
or
Te
ch
ni
c
al
Sp
ec
ia
li
st
7
7.1 $175,731 $196,817
$6,558 7.2 $196,821 $217,908
7.3 $217,908 $238,997
page 93
Salaries – VPS - Effective 1 December 2023
Effective
1 December 2023
Grade Value Range
Salary Ranges Progression
amounts Min. Max.
VP
S
O
ffi
ce
r
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
Se
ni
or
O
ffi
ce
r 5
5.1 $106,534 $117,716
$3,193
5.2 $117,718 $128,897
6
6.1 $130,673 $152,772
$4,032
6.2 $152,773 $174,869
Se
ni
or
Te
ch
ni
c
al
Sp
ec
ia
li
st
7
7.1 $177,488 $198,785
$6,624 7.2 $198,789 $220,087
7.3 $220,087 $241,387
page 94
Schedule 2
Curators Adaptive Structure
Signposts with details (28 November 2008)
Assistant curator 1
(equating to VPS 3.1 descriptors)
Entry level
Working under professional supervision
Qualification in art history, museological practices and a sound general knowledge of a field
Assists with the development and maintenance of the collection
Assists with displays, exhibitions, publications and public programs
Examples
Liaises with cataloguing, registration and conservation departments
Prepares and writes labels including extended labels
Catalogues under supervision
Researches under supervision
Staffs viewing room
Assistant curator 2
(equating to VPS 3.2 descriptors)
Works under limited professional supervision
Establishes external contacts
Develops knowledge of the field and collection
Under guidance contributes to the development and maintenance of the collection
Under guidance contributes to displays, exhibitions, publications and public programs
Examples Drafts acquisition submissions
Writes articles for Gallery magazine
Answers inquiries from the public and within the industry
Catalogues collection
page 95
Under supervision, provides concept for, coordinates and implements permanent gallery displays, and
where applicable, exhibitions
Curator 1
(equating to VPS 4 descriptors)
Develops considerable level of autonomy in curatorial practice
Develops specialist knowledge of the field
Contributes to the development and maintenance of the collection
In consultation with supervisor conceives, develops and implements displays, exhibitions,
publications and public programs
Extends networks and industry profile
Examples
Develops considerable level of autonomy in curatorial practice i.e. using experience to make judgment
and decisions, for example recommends acquisitions
Record of exhibitions and internal and external publications
Works effectively with networks and stakeholders
Curator 2
(equating to VPS 5.1 descriptors)
Attains high level of autonomy in curatorial practice
Specialist knowledge, expertise and contribution to the field
Contributes significantly to displays, exhibitions, publications and public programs
Contributes significantly to the development and maintenance of the collection
Established networks and industry profile
Examples
Defines own research area and generates original research
Complex projects, extending beyond the permanent collection
Represents organisation at professional level (i.e. member of external boards judging prizes, opening
exhibitions)
Assists with fundraising and sponsorship
Develops and maintains effective networks of stakeholders (artists, donors etc.)
page 96
Curator 3
(equating to VPS 5.2 descriptors)
May be Head of Department, managing a team and reporting to Senior Management or
working at an advanced level of autonomy
Responsible for departmental or significant program of exhibitions, publications and public
programs
May be responsible for the development and maintenance of the collection
Critical knowledge, expertise and contribution to the field
Extensive networks and industry profile
Examples
Defines own and/or departmental research areas
Identifying directions for the collection’s development (desiderata list) based on informed knowledge of
the market
Original contribution to the field through research and publications
Uses knowledge of contacts and market to match desiderata with potential sources of funding
Senior Curator
(equating to VPS 6 descriptors)
Extensive knowledge, scholarship and leadership in the field
Established national or international expertise and industry profile and extensive network
within the field
Head of Department with dual curatorial and managerial/administrative responsibilities that
typically encompass the following:
− managing and administering a department, its staff, resources, programs and
budgets
− building, managing, mentoring and supporting a departmental team
− establishing the work priorities for the department
− developing and implementing departmental Policy and programs
− establishing a strategic vision for the department
− contributing to strategic vision for the curatorial division on research, acquisitions,
publications, exhibitions and programmes
− the development and maintenance of the collection
page 97
− the departmental program of extensive and significant displays, exhibitions,
research, publications and public programs
− providing advice to Senior Management on strategic issues relating to the NGV
Examples
Defines and sets research and work priorities for the curatorial department
Responsible for setting acquisition priorities and policies and sourcing major works for the collection
Responsible for managing, mentoring and developing staff (including administrative duties,
performance reviews, recruitment and succession planning)
Develops and maintains a supporters group for the department
Responsible for initiating and maintaining relationships with benefactors, artists and their families,
collectors
Responsible for initiating and maintaining relationships with external specialist in the field
page 98
Schedule Three Classification Descriptors - VPS Non-Executive Career Structure Classification Grade and Value Range Standard Descriptors
Table 1.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1 Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
Decision Making 1.1A 2.1A 2.2A 3.1A 3.2A 4.1A
Accountability and
Frameworks
Undertakes specific
and defined tasks
within established
rules under close
supervision, defined
as:
• clear and
detailed
instructions are
provided; tasks
are covered by
standard
procedures;
• deviation from
procedures or
unfamiliar
situations are
referred to
higher levels;
and
• work is regularly
checked
Influences own daily
work priorities and
schedules under
direction of
supervisor
Accountable for
accuracy and
timeliness of outputs
Applies rules,
processes and
standards under
general supervision
Plans and prioritises
own work program
to achieve defined
targets
Changes own work
program, which may
impact on the
operations of the
work area
Selects from a range
of accepted options
established by rules,
processes, and
standards
Makes decisions
that may have
significant impact on
clients
Team leadership
may be exercised
where appropriate to
the role
Exercises
professional
judgement about the
application of rules,
or the selection of
choices within
guidelines
Resolves local
operational service
delivery problems
within guidelines
Reviews decisions,
assessments and
recommendations
from less
experienced team
members
Determines the work
organisation of the
work area
Analysis and advice
contributes to
decision making by
others
Manages budget
and resources for
the work area
Sets local
precedents
regarding the
application of
guidelines
Provides guidance
for others in the work
area and/ or related
areas
Develops guidelines
within the work area
Resolves
operational service
delivery problems
consistent with
program objectives
Interprets and
applies business
plans and policies to
own area of
responsibility Advice
and analysis
contributes to policy
formulation
page 99
Table 1.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1 Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
Innovation and
Originality
The focus is on
maintaining existing
systems and
processes
Identifies
opportunities to
improve own
efficiency and
suggests these to
supervisor
Judgement is
required to solve
problems arising in
own work program
Takes initiative to
recommend
improved processes
in immediate work
area
Creatively deals with
problems within the
work area
Initiates
improvements to
procedures within
the work area
Assesses and
responds to policy
and process
changes in the work
area
Identifies and
applies
developments within
professional field to
problem solving
within the work area
Innovative thinking is
an inherent feature
of the job
Defines the
appropriate
methodology in the
analysis of policy or
research options
Communication 1.1B 2.1B 2.2B 3.1B 3.2B 4.1B
Provides and
receives routine
information
Communication is
mainly focused on
routine issues that
may require an
understanding of the
operational context
Explains rules,
procedures and
operational policies
to individual clients
or colleagues
Presents routine
information to small
groups and provides
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
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
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
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
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
page 100
Table 1.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1 Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
Understands
procedures for
effectively dealing
with people
exhibiting
challenging
behaviours
Draft public
communication
documents
Communicates
issues and
advocates a
preferred case or
option to
stakeholders
Communicate
professional/
technical concepts
and advice
Provides
communication
guidance to less
experienced
colleagues
Uses persuasion,
advocacy,
negotiation and
motivation skills with
clients, providers,
staff, peers and
managers
manage staff and
stakeholders
Knowledge and
Proficiency
1.1C 2.1C 2.2C 3.1C 3.2C 4.1C
Focus is on learning,
developing and
refining work skills
Requires knowledge
of equipment and
tools to perform
routine tasks,
Understands and
applies theoretical
principles, under
supervision, to
achieve defined
outcomes
Uses theoretical
knowledge under
supervision to
achieve defined
outcomes in a
variety of work
situations
Uses theoretical
knowledge to
achieve agreed
outcomes in
moderately complex
work situations
Adapts theoretical
knowledge based on
practical experience
and/or
understanding of
current issues in the
field
Researches and
applies advanced
theoretical
knowledge in a
specialised field to
operational problem
solving
page 101
Table 1.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1 Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
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
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
Local reference
point in operational
processes and
procedures
Authoritative in
application of
processes and
policy relevant to the
work unit
Knowledge of
relevant legislation,
regulations, policies
and processes
Applies
understanding of
interrelationships
between
stakeholders and/or
other work units to
achieve local
objectives
Applies sound
theoretical and
practical expertise in
development of
policy options
Authoritative in
application of
processes
Policy and Projects 1.1D 2.1D 2.2D 3.1D 3.2D 4.1D
Provides
administrative
support to policy and
projects, consistent
with the support
elements described
in 1.1B
Drafts minutes and
action plans for
consideration by
others
Collects data,
undertakes basic
analysis and
prepares simple
reports
Undertakes
research specified
by others, including
data analysis
Administers routine
projects under
direction or
coordinates project
steps
Contributes to
operational service
delivery policy
development
Researches issues
and prepares draft
reports and briefings
within a project plan
or policy framework
set by others
Conducts projects of
defined scope under
direction
Obtains,
summarises and
reports on
stakeholder views
Plans and conducts
several narrowly
scoped projects
simultaneously
Conducts aspects of
more complex
projects under
direction
Contributes to
planning on large
projects
Researches and
develops
recommendations in
a specific field of
expertise
Develops and
implements
operational policy
which impacts the
immediate work area
Contributes to
strategic policy
development within
a specific field of
expertise
page 102
Table 1.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1 Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
Manages projects,
usually under limited
direction
Contributes
expertise to a team
working on complex
projects
Prepares project
scopes and briefs
within broad
parameters
Manages multi-
disciplinary project
teams
Administrative and
Corporate Support
1.1E 2.1E 2.2E 3.1E 3.2E 4.1E
Performs routine
administrative tasks,
including general
telephone, counter
and front office
enquiries, mail
deliveries, assisting
with stock control,
supporting
organisation of
meetings, receiving
and initial
processing of
standard paperwork
Provides office
support through
activities such as
using and
maintaining
standard office
equipment and
software
Drafts routine
correspondence and
minutes
Organises routine
meetings and small
functions
Undertakes
standard processing
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
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
Prepares and
analyses reports
from corporate
databases to
support decision
making in the
broader work area
Develops local
databases or
reporting systems
Negotiate straight
forward, local
contracts and
service agreements
Leads a larger or
complex corporate
support work unit
Provides specialist
administrative and
corporate support
expertise
Negotiates and
manages straight
forward, corporate
contracts and
service agreements
Drafts reports and
recommendations by
interpreting and
analysing data
page 103
Table 1.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1 Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
work such as data
entry, purchasing,
payments and
reports using office
databases
Performs telephone
and counter duties
consistent with 2.1B
reporting systems
utilising standard
software
Analyse standard
reports and data to
identify exceptions
service delivery
framework
Operational Service
Delivery
1.1F 2.1F 2.2F 3.1F 3.2F 4.1F
Provides routine
information, such as
standard information
and explanations, to
clients and members
of the public
Receives payment
for routine services
such as the sale of
publications and
individual licence
fees
Performs routine
service delivery
functions for clients
such as, driving,
food preparation,
cleaning, gardening,
assisting qualified
trade persons and
minor maintenance
Operates and
maintains tools and
equipment
Provides standard
services under
general supervision
and within a defined
service delivery
framework
Delivers information
services to the
general public or
clients, including
initial advice and
referral
Consistent with the
development of
knowledge specified
at 2.1C, participates
in routine
investigations under
direction and
provides evidence if
required
Reconciles, banks
monies and
manages petty cash
Assesses client
needs and
implements
appropriate service
delivery from a
range of accepted
options
Identifies where
limited precedents
apply and may
recommend action
to be taken
Assists in preparing
or presenting cases
in a range of review
forums, tribunals
and courts
Supervises a service
delivery team
Assesses client
needs and delivers a
range of services in
complex situations
investigates and
assesses actions by
individuals or
organisations
against legislation,
rules, regulations
and service
agreements
Advocates issues
involving established
precedents before a
range of review
forums, tribunals
and courts
Participates in the
development of
strategies to
Reviews client
assessments and
associated service
delivery plans
Advocates more
complex cases to
represent the
organisation or
clients before a
range of review
forums, tribunals
and courts
Recommends
strategies to
represent the
agency and/or
clients involving
complex and
challenging
problems
Determines
operational service
delivery plans based
on accepted
standards
Recommends
resource allocation
to immediate
manager in order to
meet service
delivery priorities
Manages
operational work
teams
Undertakes
advanced case
management, which
may include cross
agency collaboration
Undertakes complex
or technical
investigations and
page 104
Table 1.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1 Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 Value Range
appropriate to the
function and level of
qualification
represent the
organisation or
clients, involving
complex and
challenging
problems
makes
recommendations
for action
Technical/Specialist 1.1G 2.1G 2.2G 3.1G 3.2G 4.1G
Assists technicians,
scientists and
specialists in tasks
that are
straightforward and
use established
techniques and work
practices
Operates and
maintains technical
or scientific
equipment
appropriate to the
function and level of
qualification
This level performs
routine technical
support functions
such as setting up a
laboratory, cleaning
equipment, and
supporting field work
Conducts routine
scientific, technical
or specialist
procedures and data
collection, collation
and analysis
Diagnoses and
corrects faults and
problems with
technical equipment
Contributes to
scientific or technical
project planning
Modifies routine
scientific, technical
or specialist
procedures to a
limited specification
Exercises discretion
in use of equipment
and actions to
achieve results
within specifications
Conducts small to
medium scientific,
technical or
specialist projects
defined by others
Undertakes
technical data
analysis in field of
expertise
Conducts field or
desk-top studies as
part of a team
Assembles non-
standard technical
systems or
equipment to a
specification
Leads a small
scientific, technical
or specialist team
Plan small to
medium scientific,
technical or
specialist projects
May control a
laboratory function
or field operation
where a range of
related technical
functions are
performed
Prepares complex
reports requiring in-
depth factual
analysis
Manages a
scientific, technical
or specialist team
and/or projects
Independently
performs
professional or
technical work at an
advanced level in a
narrow field of
expertise or on
research projects
Provides
professional
scientific, technical
or specialist advice
based on field of
expertise
Undertakes
technical data
analysis and
modelling and
prepares reports
page 105
Table 1.2: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Grade 5 Grade 6
Value Range VR 1 VR 2 VR 1 VR 2
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
Innovation and Originality Innovative thinking and
analysis influences
developments within area of
responsibility
Solutions and thinking may
advance organisational
innovation or
occupational/professional
knowledge
Creatively develops options in
a changing organisational
environment
Identifies and responds to
new and emerging strategic
issues impacting on the
operating environment
Contributes advanced
expertise and knowledge to
strategic planning and
decision making processes
page 106
Table 1.2: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Grade 5 Grade 6
Value Range VR 1 VR 2 VR 1 VR 2
Communication 5.1B 5.2B 6.1B 6.2B
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
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
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 (i.e. non-expert)
audience
Represents own work area
with external stakeholders,
and effectively manages
feedback
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
page 107
Table 1.2: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Grade 5 Grade 6
Value Range VR 1 VR 2 VR 1 VR 2
Confidently represents the
agency with external peers
and negotiate within
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 5.2C 6.1C 6.2C
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
Advocates policy options
Manages and leads complex
projects
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
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
page 108
Table 1.2: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Grade 5 Grade 6
Value Range VR 1 VR 2 VR 1 VR 2
Administrative and
Corporate Support
5.1D 5.2D 6.1D 6.2D 1
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
Manages a discrete function
with increased budget, staff
responsibilities, or sensitive or
complex issues
Provides professional
leadership in a specialised
corporate support function
Manages an area with
significant budget, staff
responsibilities or strategic
importance
Contributes to strategic
corporate initiatives and is
responsible for
implementation
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 5.2E 6.1E 6.2E
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
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
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
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
Technical Specialist 5.1F 5.2F 6.1F 6.2F
Specialist in an area of their
profession and relied on for
advice in this field
Undertakes complex
independent scientific,
technical or specialist work
Provides leadership and
guidance to other specialists
in the field
Contributes to the
development of standards
Subject matter expert that
conceptualises, initiates,
implements, promotes and
evaluates complex and
innovative technical programs
Area of expertise and
responsibility is complicated
by the scale and difficulty of
the issues
page 109
Table 1.2: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Grade 5 Grade 6
Value Range VR 1 VR 2 VR 1 VR 2
and analysis
Initiates research and analysis
within an area of expertise
consistent with organisational
objectives
relating to the sector, program
or profession
Routinely advises senior
levels of the organisation on
policy issues and solutions
within a functional area
Develop technical or
professional standards for the
organisation
Provides leadership and
guidance based on advanced
expertise
Knowledge and Proficiency 5.1G 5.2G 6.1G 6.2G
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
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
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
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
page 110
Table 1.3: VPS Grade Descriptors and Value Range Standard Descriptors - Senior Technical Specialist
Value Range VR 1 VR 2 VR 3
7.1A 7.2A 7.3A
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
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
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
page 111
Table 1.3: VPS Grade Descriptors and Value Range Standard Descriptors - Senior Technical Specialist
Value Range VR 1 VR 2 VR 3
Decision Making 7.1B
Accountability and Frameworks 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 7.3D
Interacts with executives/ professional
staff within the organisation and with
other experts in the field/profession
Develops and utilises national and
international communication networks
to ensure appropriate development
and application of research or project
Initiates and negotiates joint research
programs with universities and other
agencies
page 112
Table 1.3: VPS Grade Descriptors and Value Range Standard Descriptors - Senior Technical Specialist
Value Range VR 1 VR 2 VR 3
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
initiatives in accordance with
government priorities
Negotiates elements of million dollar
projects or the involvement or
contribution of senior public or private
sector leaders
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
page 113
Table 1.3: VPS Grade Descriptors and Value Range Standard Descriptors - Senior Technical Specialist
Value Range VR 1 VR 2 VR 3
Demonstrates strategic management
skills
Combines significant achievement
with a substantial body of
demonstrated effectiveness and
professional experience
page 114
Schedule Four – Supported Wage System
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:
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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
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 NGV 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 NGV 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.
Supported wage rates
(c) 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%
page 115
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 2020. 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.
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
NGV 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 NGV as a time and wages record in accordance with the Act.
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 NGV parties
to the assessment.
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.
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.
Workplace adjustment
If the NGV 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.
Trial period
(a) In order for an adequate assessment of the Employee's capacity to be made, the NGV 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.
page 116
(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 2020. 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 NGV 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 outlined above.
IN THE FAIR WORK COMMISSION
FWC Matter No.:
AG2021/8136
Applicant:
The Council of Trustees of the National Gallery of Victoria T/A National Gallery of Victoria
Section 185 — Application for approval of a single enterprise agreement
Undertaking —Section 190
I, Tony Ellwood, Director have the authority given to me by The Council of Trustees of the
National Gallery of Victoria T/A National Gallery of Victoria to give the following undertakings
with respect to the Council of Trustees of the National Gallery of Victoria Enterprise Agreement
2020 ("the Agreement"):
1. A casual employee will not be engaged for a period of less than 3 consecutive hours
on any day.
2. Casual employees are not and will not be engaged at VPS5 or above whilst the
Agreement is in force.
3. Employees are not and will not be engaged to work non-rotating (permanent) night
shifts whilst the Agreement is in force.
These undertakings are provided on the basis of issues raised by the Fair Work Commission
in the application before the Fair Work Commission.
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/8136 Applicant: The Council of Trustees of the National Gallery of Victoria T/A National Gallery of Victoria Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Tony Ellwood, Director have the authority given to me by The Council of Trustees of the National Gallery of Victoria T/A National Gallery of Victoria to give the following undertakings with respect to the Council of Trustees of the National Gallery of Victoria Enterprise Agreement 2020 ("the Agreement"): 1. A casual employee will not be engaged for a period of less than 3 consecutive hours on any day. 2. Casual employees are not and will not be engaged at VPS5 or above whilst the Agreement is in force. 3. Employees are not and will not be engaged to work non-rotating (permanent) night shifts whilst the Agreement is in force. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature 16/11/21 Date
