Victorian WorkCover Authority Enterprise Agreement 2020-2024

1

Fair Work Act 2009 
s.185—Enterprise agreement

Victorian Workcover Authority
(AG2021/8214)

VICTORIAN WORKCOVER AUTHORITY ENTERPRISE 
AGREEMENT 2020-2024

State and Territory government administration

COMMISSIONER MIRABELLA MELBOURNE, 29 NOVEMBER 2021

Application for approval of the Victorian WorkCover Authority Enterprise Agreement 2020-
2024.

[1] The Victorian Workcover Authority (the Employer) has made an application for 
approval of an enterprise agreement known as the Victorian WorkCover Authority Enterprise 
Agreement 2020-2024 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). 
The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached 
in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any 
employee covered by the Agreement and that the undertaking will not result in substantial 
changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained 
in the application (and accompanying declaration), I am satisfied that each of the requirements 
of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been 
met.

[4] The Employer did not provide the notice of employee representational rights to all 
employees no later than 14 days after the notification time for the Agreement and voting did 
not commence at least 21 days after the notice of employee representational rights had been 
provided to all employees. Pursuant to s. 188(2) I am satisfied that the Agreement would have 
been genuinely agreed to but for the minor procedural error made in relation to the requirements 
in sections 181(2) and 173(3) of the Act. I am satisfied that the employees covered by the 
Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied 
that the Agreement has been genuinely agreed to within the meaning of s. 188(2) of the Act.

[5] I observe that certain provisions of the Agreement are likely to be inconsistent with the 
National Employment Standards (NES). However, noting clause 7.1 of the Agreement, I am 

[2021] FWCA 6790

DECISION
FairWork 

Commission 


AUSTRALIA FairWork Commission






[2021] FWCA 6790

2

satisfied that the more beneficial entitlements of the NES will prevail where there is an 
inconsistency between the Agreement and the NES. 

[6] 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) (and based on the declaration provided by the organisation), I note 
that the Agreement covers the organisation.

[7] The Agreement was approved on 29 November 2021 and, in accordance with s. 54, will 
operate from 6 December 2021. The nominal expiry date of the Agreement is 30 November 
2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

AE513976  PR736016


THE FAIR MOR4 COMMISSION THE SEAL




 



[2021] FWCA 6790

3

Annexure A

IN THE FAIR WORK COMMISSION 

FWC Matter No.: AG2021/8214 

Applicant: Victorian WorkCover Authority 

Section 185 - Application for approval of a single enterprise agreement 

Undertaking - Section 190 

I, Andrew Keen, Executive Director, People Culture and Corporate, have the authority given 
to me by the Victorian WorkCover Authority to give the following undertaking with respect to 
the Victorian WorkCover Authority Enterprise Agreement 2020-2024 (Agreement) 

1. Payment for part-time employment will not be for less than three consecutive hours in 
any day worked. 

This undertaking is provided on the basis of issues raised by the Fair Work Commission in 
the application before the Fair Work Commission. 

Signature 

18/11 /202 1 
Date 


IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/8214 Applicant: Victorian WorkCover Authority Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Andrew Keen, Executive Director, People Culture and Corporate, have the authority given to me by the Victorian WorkCover Authority to give the following undertaking with respect to the Victorian WorkCover Authority Enterprise Agreement 2020-2024 (Agreement): 1. Payment for part-time employment will not be for less than three consecutive hours in any day worked. This undertaking is provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature 18/11/2021 Date




 



 

 

 

 

 

 

Victorian WorkCover Authority 
Enterprise Agreement  

2020-2024 

 

 

 

 

 

 

 

 

 

 

 

 

In the spirit of reconciliation, WorkSafe Victoria acknowledges the Traditional Custodians 

throughout Victoria and their connections to land, sea and community.  We pay our respect to 

their Elders past, present and emerging and extend that respect to all Aboriginal and Torres Strait 

Islander peoples today. 


Work Safe VICTORIA




 

Riggall
Undertaking



i 
 

CONTENTS 

 

PART 1 APPLICATION AND OPERATION OF AGREEMENT 1 

 Title 1 

 Definitions 1 

 Commencement and Period of Operation 3 

 No Extra Claims 4 

 Application of Agreement and Parties Covered 4 

 Access to Agreement 4 

 Relationship between the Agreement, the NES and the Award 4 

 Objectives of the Agreement 5 

 Agreed Statement on Gendered Violence at Work 5 

 Gender Equity Principles 6 

 Diversity and Inclusion 6 

 Objectives and Principles of the Responsive and Flexible Delivery of Services 7 

PART 2 OCCUPATIONAL HEALTH AND SAFETY 8 

 OH&S and Rehabilitation 8 

 Designated Work Groups 8 

 OH&S Training 9 

 Workplace Relations and OH&S Training Leave 10 

 Bullying and Violence at Work 10 

 Critical Incident Response 11 

PART 3 PROCEDURAL MATTERS 11 

 Induction 11 

 Employee Engagement and Consultation 11 

 Consultative Committee 13 

 Grievances – Review of Actions 14 

 Dispute Resolution 15 

 Resolution of Gender Equality Disputes 17 

PART 4 FORMS OF EMPLOYMENT 18 

 Secure Employment Commitment 18 

 Categories of Employment 18 

 Full Time Employee 19 

 Part Time Employee 19 

 Fixed Term Employees 19 

 Casual Employees 20 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 

21. 

22. 

23. 

24. 

25. 

26. 

27. 

28. 

29. 

30. 








ii 
 

 Interns 21 

PART 5 WORKING HOURS 21 

 Hours of Work 21 

 Flex Time 22 

 Overtime 23 

PART 6 FLEXIBILITY ARRANGEMENTS 25 

 Individual Flexibility Arrangements 25 

 Right to Request Flexible Working Arrangements 26 

PART 7 REMUNERATION AND RELATED MATTERS 28 

 Salaries 28 

 Payment of Salaries 29 

 Transitional Arrangements 29 

 Classification 29 

 Advancement through Bands in the Appointed Officer Pay Structure 30 

 Progression 30 

 Intern Salary and Advancement in the Appointed Officer Pay Structure 32 

 Superannuation 33 

 Salary Sacrifice 34 

 Deferred Salary Scheme 34 

 Accident Compensation Make-Up Pay 34 

PART 8 LEAVE 35 

 Annual Leave 35 

 Annual Leave Management 37 

 Purchased Leave 37 

 Long Service Leave 38 

 Personal/Carer’s Leave 39 

 Additional Leave to Support Employees with a Disability 41 

 Compassionate Leave 42 

 Infectious Diseases Leave 43 

 Blood Donor Leave 43 

 Sick Leave Pool 43 

 Drug and Alcohol Rehabilitation Leave 44 

 Parental Leave 44 

 Assisted Reproductive Treatment 57 

 Foster and Kinship Care Leave 57 

 Surrogacy Leave 58 

 Family Violence Leave 60 

31. 

32. 

33. 

34. 

35. 

36. 

37. 

38. 

39. 

40. 

41. 

42. 

43. 

44. 

45. 

46. 

47. 

48. 

49. 

50. 

51. 

52. 

53. 

54. 

55. 

56. 

57. 

58. 

59. 

60. 

61. 

62. 

63. 








iii 
 

 Gender Affirmation Leave 60 

 Community Leave 62 

 Australian Defence Reserve Leave 64 

 Military or Defence Reserve Sick Leave 64 

 Leave Without Pay 65 

PART 9 GENERAL EMPLOYMENT CONDITIONS 65 

 Probation 65 

 Recruitment and Selection 66 

 Performance Management 66 

 Redeployment 67 

 Discipline 67 

 Termination of Employment 69 

 Employee Representation on CPSU SPSF Victorian Branch Council 70 

 Study Assistance 70 

 Public Holidays 71 

PART 10 OTHER ALLOWANCES AND CONDITIONS 72 

 Service Delivery Payment 72 

 Responsibility Allowance 72 

 Overtime Meal Allowance 73 

 Reimbursement of Expenses 73 

 Incidental Expenses Allowance 74 

 First Aid Allowance 74 

 On Call Allowance 74 

 OH&S On Call Allowance 75 

 Call Out Allowance 76 

 Facilities, Equipment and Tools 76 

 Corporate Branded Wear 76 

 Personal Protective Equipment 77 

PART 11 OTHER MATTERS 78 

 Working from Home 78 

 Workload 78 

 Christmas Shutdown 78 

 Jury Service 79 

 Cost of Employment Related Legal Proceedings 79 

 Retirement and Succession Planning 80 

 Use of Personal Motor Vehicles 80 

64. 

65. 

66. 

67. 

68. 

69. 

70. 

71. 

72. 

73. 

74. 

75. 

76. 

77. 

78. 

79. 

80. 

81. 

82. 

83. 

84. 

85. 

86. 

87. 

88. 

89. 

90. 

91. 

92. 

93. 

94. 

95. 

96. 








iv 
 

 Union Representatives 81 

 Protection and Facilities for Union Officers 81 

 Union Official Right of Entry 81 

APPENDIX A. RESPONSIVE AND FLEXIBLE DELIVERY OF SERVICES 83 

APPENDIX B. WORK LEVEL DESCRIPTORS 85 

APPENDIX C. GENERAL PAY STRUCTURE TRANSITIONAL ARRANGEMENTS FOR EXISTING BAND 
11 EMPLOYEES AND FORMER EXECUTIVES 99 

APPENDIX D. TRANSLATION OF APPOINTED OFFICERS 101 

SCHEDULE 1. GENERAL PAY STRUCTURE 103 

SCHEDULE 2. APPOINTED OFFICER PAY STRUCTURE 105 

SCHEDULE 3. TECHNICAL SPECIALIST PAY STRUCTURE 106 

SIGNATURE PAGE 107 

 

 

 

 

 

 

   

  

97. 

98. 

99. 


1




 
 

PART 1 APPLICATION AND OPERATION OF AGREEMENT 

 Title 

 This Agreement will be known as the Victorian WorkCover Authority Enterprise 

Agreement 2020-2024. 

 Definitions 

 Unless the contrary intention appears, the meanings of the terms used in this 

Agreement are set out below: 

Agreement means the Victorian WorkCover Authority Enterprise Agreement 2020-2024. 

Award means the State Government Agencies Award 2020. 

Base rate of pay is the rate of pay payable to the employee for their ordinary hours of 

work, not including overtime, shift work, other allowances (unless specified) or the 

reimbursement of expenditure. 

Bullying has the meaning given by section 789FD(1) of the FW Act.   

Child includes an adult child, an adopted child, a step child or an ex-nuptial child. 

Classification Band means the relevant band level within the Appointed Officer and 

General Pay Structures. 

CPSU means the Community and Public Sector Union. 

Critical Incident is an incident, or series of incidents, which may be outside the range of 

usual human experience, and which could be expected to be markedly distressing to 

those affected.  A Critical Incident may produce a negative psychological and sometime 

physical response in a person who has been involved.  

De Facto Partner means a person who lives with the employee in a relationship as a 

couple on a genuine domestic basis (whether the employee and the person are of the 

same sex or different sexes), whether or not legally married to the employee, and 

includes a former de factor partner of the employee. 

Defence Service means service, including training as part of the Australian Defence 

Force Reserves.  

DWGs means Designated Work Groups. 

Executive Contract means a contract offered to an employee in an executive role within 

the meaning of the Victorian Government Public Entity Executive Remuneration Policy or 

its successor.  

Existing Band 11 Employee means an employee who immediately prior to the 

commencement of this Agreement was classified as a Band 11 employee covered by the 

Previous Agreement. 

1. 

1.1 

2. 

2.1 








2 
 

Family Violence includes physical, sexual, financial, verbal or emotional abuse by a 

family member as defined in the Family Violence Protection Act 2008 (Vic). 

Former Executive means an employee who was not covered by the Previous Agreement 

and is not considered an executive pursuant to the Victorian Government Public Entity 

Executive Remuneration Policy that came into effect on 18 December 2020. 

FW Act means the Fair Work Act 2009 (Cth), as may be amended from time to time and 

any successor to that Act. 

FWC means the Fair Work Commission or its successor. 

Honorary Office Holder means an unpaid elected official on the governing body of a 

Union covered by this Agreement. 

IBAC means the Independent Broad-based Anti-corruption Commission. 

Immediate Family means a partner (including the employee’s former partner), de factor 

partner, child, parent, grandparent, grandchild or sibling of the employee; or a child, 

parent, grandparent, grandchild or sibling of a partner or de factor partner of the 

employee.  

NES means the National Employment Standards under the FW Act. 

Officer of a Union means an official, delegate or other representative of the Union. 

OH&S means Occupational Health and Safety. 

OHS Act means the Occupational Health and Safety Act 2004 (Vic), as may be amended 

from time to time and any successor to that Act. 

Partner includes a spouse, de factor partner, former partner, or former de factor 

partner. 

Pay Point means the levels within the Classification Bands in the Appointed Officer and 

General Pay Structures. 

Previous Agreement means the Victorian WorkCover Authority Enterprise Agreement 

2016-2020. 

Public Holiday means a day that is a public holiday pursuant to clause 77. 

Public Sector Employment Principles means the principles set out in section 8 of the 

Public Administration Act 2004 (Vic). 

Recognised Prior Service means service of an employee prior to commencement with 

WorkSafe Victoria with: 

 a State, Commonwealth or Territory of Australia Government Department or Public 

Service authority; 

 a public entity under the Public Administration Act (Vic); or 

 a local governing body that is established by or under a law of Victoria; 

which is recognised by WorkSafe Victoria as service with WorkSafe Victoria for the 

purposes of Long Service Leave. 

(a} 

(b} 

(c} 








3 
 

Registered Medical Practitioner means a person registered under the Health 

Practitioner National Law (Victoria) Act 2009 (Vic) to practice in the medical profession. 

Registered Practitioner means one of the following: Aboriginal and Torres Strait Islander 

health practitioner, Chinese medicine practitioner, Chiropractor, Dental care 

practitioner, Medical practitioner, Medical Radiation Practitioner, Nurse practitioner, 

Midwife, Occupational Therapist, Optometrist, Osteopath, Pharmacist, Physiotherapist, 

Podiatrist, Psychologist or any other profession registered under the Health Practitioner 

Regulation National Law (Victoria) Act 2009 (Vic). 

Responsive and Flexible Delivery of Services Pilot see Appendix A, clause 1.1 for its 

meaning. 

Responsive and Flexible Delivery of Services see Appendix A, clause A for its meaning. 

Salary means the applicable rate specified in Schedules 1, 2 and 3 which an employee 

receives for the employee’s ordinary hours of work and does not include overtime, shift 

work, other allowances or the reimbursement of expenditure.  

Soft Barrier means a point between Classification Bands in the Appointed Officer Pay 

Structure where successful assessment against relevant criteria is required prior to 

advancement from the Intern to AO1 Classification Band or AO1 to AO2 Classification 

Band within the Appointed Officer Pay Structure in Schedule 2. 

Stillborn Child means a child: 

 who weighs at least 400 grams at delivery or whose period of gestation was at least 

20 weeks; and 

 who has not breathed since delivery; and 

 whose heart has not beaten since delivery. 

Tribunal includes under Div 2 of Part 8 of the Equal Opportunity Act 2010 (Vic). 

Union means the Unions covered by this Agreement because of the operation of 

clause 5. 

WorkSafe Victoria means the Victorian WorkCover Authority.  

 Commencement and Period of Operation 

 This Agreement will operate seven days after it is approved by the FWC and will have a 

nominal expiry date of 30 November 2024. 

 The salaries and allowances will increase and be payable in accordance with the dates 

in clauses 37, 78, 84–86 and Schedules 1–3.  

 Salary and allowances increases payable for the period between 16 December 2020 

and the commencement of the Agreement will be made as soon as reasonably 

practicable after the Agreement commences operation. 

 Alterations to conditions of employment provided for in the Agreement will apply with 

effect from the commencement date of this Agreement, unless otherwise stated. 

3.1 

3.2 

3.3 

3.4 

(a) 

(b) 

(c) 

3. 








4 
 

 No Extra Claims 

 This Agreement represents the full settlement of WorkSafe Victoria’s, the CPSU’s and 

employees’ claims in respect to all the terms and conditions of employment of 

employees during the life of the Agreement. 

 Application of Agreement and Parties Covered 

 This Agreement applies to and covers: 

 WorkSafe Victoria;  

 all employees whose employment is subject to this Agreement at any time this 

Agreement is in operation; and 

 the CPSU. 

 Employees employed under an Executive Contract with WorkSafe Victoria are 

excluded from the operation of all provisions of this Agreement.  

 Six months prior to the expiry of this Agreement, WorkSafe Victoria and the CPSU will 

commence discussions for a new enterprise agreement. 

 Access to Agreement 

 A copy of this Agreement will be readily available and accessible to all employees on 

WorkSafe Victoria’s Intranet. 

 All new employees covered by the Agreement will be provided an electronic copy of 

this Agreement. 

 Relationship between the Agreement, the NES and the Award 

 This Agreement will be read and interpreted in conjunction with the National 

Employment Standards (NES). Where there is an inconsistency between this 

Agreement and the NES, and the NES provides a greater benefit, the NES provision will 

apply to the extent of the inconsistency.  

 An employee working outside the span of hours in the Responsive and Flexible 

Delivery of Services (Appendix A) are shift workers for the purposes of the NES. 

 Subject to the terms of the Agreement, only the following terms of the Award, as at 

the time the Agreement is made are incorporated into this Agreement:  

 Clause 13.2 of the Award; 

 Clause 18.3(b) of the Award; 

 Clause 21 of the Award; and 

 Clause 20.5 of the Award. 

  

4.1 

5.1 

5.2 

5.3 

6.1 

6.2 

7.1 

7.2 

7.3 

4. 

5. 

(a) 

(b) 

(c) 

6. 

7. 

(a) 

(b) 

(c) 

(d) 








5 
 

 For the avoidance of doubt, if a term of the Award is not referred to at clause 7.3 of 

the Agreement, it is not incorporated into the Agreement. 

 If a term of the Award which is incorporated into the Agreement is inconsistent with 

an express clause of this Agreement, the express term in the Agreement prevails over 

the incorporated Award term to the extent of any inconsistency.  

 Upon incorporating an Award term into the Agreement, the incorporated Award term 

is to be read as altered with the appropriate change to make it a provision of the 

Agreement rather than a provision of the Award, e.g. A percentage of the rate will be 

applied to the Agreement rate, rather than the Award rate. 

 Objectives of the Agreement 

 This Agreement sets out the terms and conditions of employment for employees 

covered by this Agreement in order for these employees to support WorkSafe Victoria 

to reduce workplace harm and improve recovery outcomes for injured workers.  

 It is the intention of the parties to this Agreement to achieve the principal object in 

section 3(e) of the FW Act through respecting and valuing 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.  

 The parties to this Agreement agree that an efficient and productive workplace is one 

which careful attention to employee health, safety and well-being is given and where 

there is effective consultation and communication on matters with the potential to 

impact upon the workforce. 

 It is recognised that a multi-skilled workforce which has the skills required for their 

work, and maximises employees’ opportunity to reach their full potential through a 

process of continuous learning, is a worthwhile objective.  To this end, procedures and 

processes should be fair and equitable to all employees. 

 Agreed Statement on Gendered Violence at Work 

 Gendered violence is physical, sexual, psychological or economic harm directed at a 

person because of their gender, gender identity, sexual orientation or because they do 

not adhere to dominant gender stereotypes or socially prescribed gender roles.  

Gendered violence includes: 

 violence directed at women because they are women; 

 violence directed at a person because they identify as lesbian, gay, bisexual, trans 

and gender diverse, intersex, queer and questioning (LGBTIQ); 

 violence directed at a person because they do not conform to socially prescribed 

gender roles or dominant definitions of masculinity or femininity. 

7.4 

7.5 

7.6 

8.1 

8.2 

8.3 

8.4 

9.1 

8. 

9. 

(a) 

(b) 

(c) 








6 
 

 Gender inequalities, sexism, homophobia and transphobia at work drive gendered 

violence in the workplace. Gendered violence can be perpetrated by those who are 

external to the workplace (such as clients) and those that are internal to the workplace 

(such as work peers and managers). 

 WorkSafe Victoria, the CPSU and employees are committed to working together to 

reduce gendered violence, so far as practicable, in the workplace.  WorkSafe Victoria 

will address instances of alleged gendered violence in accordance with the relevant 

policy. 

 Gender Equity Principles  

 The provisions of this Agreement are to be interpreted consistently with the following 

gender equity principles: 

 Establishing equal pay for work of equal or comparable value: Equal or comparable 

value refers to work valued as equal in terms of skill, effort, responsibility and 

working conditions. This includes work of different types. 

 Freedom from bias and discrimination: Employment and pay practices are free 

from the effects of unconscious bias and assumptions based on gender. 

 Transparency and accessibility: Employment and pay practices, pay rates and 

systems are transparent.  

 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. 

 Sustainability: Interventions and solutions are collectively developed and agreed, 

sustainable and enduring. 

 Participation and engagement: Employees and WorkSafe Victoria work 

collaboratively to achieve mutually agreed outcomes.  

 In this clause, pay refers to remuneration including but not limited to salary, bonuses, 

overtime payments, allowances and superannuation. 

 Diversity and Inclusion 

 WorkSafe Victoria is committed to promoting and supporting diversity and inclusion, 

creating a welcoming place to work that values and respects the contributions of all 

our people. 

 WorkSafe Victoria is an inclusive organisation that values fairness, equity and diversity, 

consistent with WorkSafe’s values, the Code of Conduct for Victorian Public Sector 

Employees and WorkSafe Victoria’s Code of Conduct. 

9.2 

9.3 

10. 

10.1 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

10.2 

11. 

11.1 

11.2 








7 
 

 WorkSafe Victoria will continue to focus and prioritise on building a more diverse and 

inclusive workforce, reflective of the Victorian community. WorkSafe Victoria 

recognises that enhanced diversity will support the competency and capability of the 

organisation to ensure we can achieve the health, safety and wellbeing of all Victorian 

workplaces. 

 Objectives and Principles of the Responsive and Flexible Delivery of Services  

 The parties agree to interpret and apply this Agreement consistently with the 

following principles aimed at promoting a responsive and flexible delivery of the 

Victorian WorkCover Authority services to Victorian workplaces: 

 The parties aim to deliver safe workplaces that are free of risk to health to Victoria 

by monitoring and enforcing compliance with applicable legislation. This will result 

in reducing workplace harm, improving outcomes for injured workers and providing 

safer Victorian workplaces.  The parties recognise the changing environment of 

Victorian workplaces due to factors such as the emergence of new hazards and 

risks, new Government priorities, a broader 24/7 service economy and shifting 

community expectations.  

 The parties recognise the changing environment and focus areas and acknowledges 

the positive impact a responsive and flexible organisation can have on Victorian 

workplaces.  Improved outcomes will be achieved by effectively responding to 

these changing needs whilst maintaining and building on the proactive prevention 

led approach to workplace health and safety.  

 Within this framework of responsive and flexible delivery of services, WorkSafe 

Victoria will give priority to secure employment (clause 25) and enhanced flexibility 

(clauses 32, 33, 36 and 90 and Appendix A) across the organisation in order to 

provide an appropriate response to the changing nature of Victorian workplaces. 

 The parties agree that the principles set out above will be operationalised over the life 

of the agreement, through a collaborative approach of reviewing and implementing 

changes to workplace practices, roster systems and service delivery initiatives across 

WorkSafe Victoria. 

 The range of changed workplace practices, roster systems and service delivery 

initiatives include, for example, but are not limited to these measures: 

 Facilitating greater workplace flexibility arrangements including working from 

home, compressed working hours and flexibility in ordinary working hours;  

 Expanding flexibility and delivery of services within the span of ordinary hours of 

work (clause 32.4); 

 Reviewing operations to determine opportunities for delivering services in a more 

flexible and responsive way including the introduction of new technologies; and 

 Piloting and implementing new roster systems for ordinary hours to be worked 

outside the span of ordinary hours of work for a more responsive and flexible 

delivery of services.  

11.3 

12.1 

12.2 

12.3 

12. 

(a) 

(b) 

(c) 

(a) 

(b) 

(c) 

(d) 








8 
 

PART 2 OCCUPATIONAL HEALTH AND SAFETY 

 OH&S and Rehabilitation  

 This Agreement acknowledges and supports the rights of employees to work in an 

environment, which is, so far as is practicable, safe and without risks to health. The 

parties are committed to the promotion of a joint and united approach to consultation 

and resolution of OH&S issues. 

 The parties are committed to improving health and safety with a view to improving 

workplace efficiency and productivity. This will be accomplished through the ongoing 

development, in consultation with employees and their health and safety 

representatives, of management systems and procedures designed to, so far as is 

practicable to: 

 identify, assess and control workplace hazards; and 

 reduce the incidence and cost of occupational injury and illness; and 

 identify and appropriately manage work and work practices which impact on 

OH&S; and 

 provide a rehabilitation system for employees affected by occupational injury or 

illness; and 

 consider the impact of changes to work practices and staffing on occupational 

health and safety, and 

 ensure that health and safety representatives can exercise their powers to the 

extent provided for in the OHS Act and the Occupational Health and Safety 

Regulations 2017. 

 OH&S statutory requirements, including regulations and codes of practice/ compliance 

codes are minimum standards and will be improved upon where practicable. 

 Where an OH&S committee is established at least half the members shall be 

employees, including health and safety representatives. 

 The OH&S committee must operate within the requirements of the OHS Act.  

 A CPSU Workplace representative may attend local OH&S committee meetings (by 

giving notice) from time to time. 

 Designated Work Groups 

 The parties at the local level will review the DWGs, and negotiate revised DWGs where 

appropriate through workplace Union/management consultative structures. 

 The parties at the central level will establish instructions for the conduct of the reviews 

of DWGs at the local level. 

 The CPSU will be notified of vacancies for health and safety representatives in DWGs 

where the majority of DWG employees are eligible to be members of a Union. 

13.1 

13.2 

13.3 

13.4 

13.5 

13.6 

14.1 

14.2 

14.3 

13. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

14. 








9 
 

 Each elected health and safety representative will be provided with reasonable access 

to facilities such as email, telephone, fax, office and computer access, where available. 

An employee will be granted reasonable time release or paid time (including time in 

lieu) to attend to their functions as a health and safety representative, including but 

not limited to regularly inspecting workplaces (as defined by their DWG), consulting 

with employees in their DWGs, OH&S representatives and other persons involved in 

the organising of employees’ health, safety and welfare. 

 WorkSafe Victoria will post and maintain current in each workplace the names and 

relevant contact details, including email where available, of elected health and safety 

representatives for identified DWGs. Such circular shall be required to be posted on a 

notice board for the regular attention of all employees working in the workplace. 

 To monitor the maintenance of effective OH&S structures and training delivery, the 

parties will jointly establish a central register or local registers of DWG’s and their 

health and safety representatives. The register will be maintained by WorkSafe 

Victoria from information provided on a quarterly basis from each region/workplace. 

 Information from the updated register(s) will be provided periodically (quarterly) in 

electronic format to CPSU. The information provided will be in accordance with the 

Privacy and Data Protection Act 2014 (Vic). Where possible, this information will 

include: 

 a description, including the location, of each DWG; and 

 the name of each elected health and safety representative, their workplace contact 

details and email address; and 

 the date the health and safety representative was elected; and 

 a description of the training the health and safety representative has attended and 

the date of attendance; and 

 the name and contact details of the nominated management representative 

responsible for each DWG; and 

 details of the structure of OH&S committees, their meeting frequency and the 

name and contact details of the committee convener. 

 OH&S Training 

 Workplace training programs, including induction and on the job training will outline 

relevant details of OH&S policies and procedures. 

 The contents of OH&S training programs will outline the OH&S roles and 

responsibilities of employees, managers and supervisors, OH&S policies and 

procedures, particular hazards associated with their workplaces, control measures 

applicable to each hazard, and how to utilise OH&S systems to identify hazards and 

instigate preventative action. 

  

14.4 

14.5 

14.6 

14.7 

15.1 

15.2 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

15. 








10 
 

 Workplace Relations and OH&S Training Leave 

 In order to encourage co-operative workplace relations and facilitate the operation of 

this Agreement, an employee who has been nominated by CPSU and has been 

accepted by a training provider to attend a designated trade union training course may 

be granted up to five days leave on full pay in any one calendar year, so long as the 

granting of such leave does not unduly effect WorkSafe Victoria’s operations. 

 The employee may be granted the leave specified in clause 16.1 where the WorkSafe 

Victoria is satisfied that the course of training is likely to contribute to a better 

understanding of industrial relations, OH&S, safe work practices, knowledge of awards 

and other industrial entitlements, and the upgrading of employee skills in all aspects of 

trade union functions. 

 An employee may be granted paid leave under this clause in excess of five days and up 

to ten days in any one calendar year subject to the total leave taken in that calendar 

year and in the subsequent calendar year not exceeding ten days. 

 An employee, upon election as a health and safety representative, shall be granted up 

to five days’ paid leave, as soon as practicable after election, to undertake an 

appropriate introductory health and safety representative’s course from a training 

organisation of their choice that is approved by the Victorian WorkCover Authority, 

having regard to course places and WorkSafe Victoria’s operations. WorkSafe Victoria 

shall meet any reasonable costs incurred. Leave under this clause 16.4 must only be 

granted to an employee on one occasion and is additional to any other leave granted 

under this clause. 

 Additional paid leave may be approved for health and safety representatives to attend 

training approved by the Victorian WorkCover Authority under the OHS Act, which is 

relevant to the functions of the DWG. 

 Bullying and Violence at Work 

 The parties to this Agreement are committed to working together to reduce bullying 

and occupational violence and aggression so far as is practicable in the workplace.  

 The parties commit to working to prevent and manage negative workplace behaviour, 

including by: 

 ensuring employee awareness of expected standards of behaviour, employee 

duties in respect of OH&S and of what constitutes and how to prevent and address 

negative workplace behaviour; 

 ensuring People Leader capability to prevent and manage negative workplace 

behaviour; 

 ensuring consistent, best practice processes for managing negative behaviour in 

accordance with clause 73 processes; and 

16. 

16.1 

16.2 

16.3 

16.4 

16.5 

17. 

17.1 

17.2 

(a) 

(b) 

(c) 








11 
 

 supporting the wellbeing of all those involved in a bullying, or harassment matter; 

 reflecting WorkSafe Victoria’s stated values and objective of an organisational 

culture built on embracing and observance of those values. 

 Critical Incident Response 

 WorkSafe Victoria will provide appropriate support to employees who have directly or 

vicariously experienced a Critical Incident during the course of their work.  WorkSafe is 

committed to supporting the wellbeing of employees affected by a Critical Incident, 

with the aim of returning employees to their pre critical incident level of functioning as 

soon as possible. 

PART 3 PROCEDURAL MATTERS 

 Induction 

 WorkSafe Victoria will provide the opportunity for the CPSU to attend and present to 

new employees during the induction process of new employees.  

 Employee Engagement and Consultation 

 Where WorkSafe Victoria proposes a decision to introduce changes in workplace 

structure, technology and existing work practices that are likely to have significant 

impact on employees, WorkSafe Victoria will notify: 

 the relevant employees and the Unions covered by this Agreement of the proposed 

change as soon as practicable after the proposal has been made; 

 the relevant employees and the relevant Unions covered by this Agreement of the 

likely effects on the employees’ working conditions and responsibilities, and 

 of the rationale and intended benefits of any change, including improvements to 

productivity, if applicable. 

 Examples of changes that are likely to have a significant impact on employees include, 

but are not limited to: 

 changes in the composition or operation of the workforce or in the skills required;  

 the elimination of job opportunities or promotion opportunities;  

 the alteration of hours of work;  

 the need for retraining or transfer of employees to other work or location; and 

 the restructuring of jobs. 

 Consultation in accordance with this clause provides employees and their Union or 

other nominated representative with an opportunity to be informed about proposed 

decisions, and to influence the decision maker about those proposed decisions by 

WorkSafe Victoria, which are likely to have a significant impact upon employees. 

18.1 

19.1 

20.1 

20.2 

20.3 

(d) 

(e) 

18. 

19. 

20. 

(a) 

(b) 

(c) 

(a) 

(b) 

(c) 

(d) 

(e) 








12 
 

 WorkSafe Victoria will discuss proposed decisions with the affected employees and 

their Union or other nominated representative. This includes the introduction of 

change, the effects change is likely to have on employees and measures to avert or 

mitigate the adverse effects of change on employees. The discussions will commence 

as early as practicable after a proposed decision that requires consultation has been 

made. 

 WorkSafe Victoria will provide prompt consideration to matters raised by employees 

and/or their representatives. This includes alternative proposals that meet the 

rationale and intended benefits of the proposed decision. 

 Where a significant change has been proposed, the following table provides indicative 

timeframes for consideration of such matters. 

Table 1: Indicative timeframes  

Step Purpose 

Advise of proposed change WorkSafe Victoria advises employees, their 

nominated representatives or the Union of the 

proposed change in accordance with clause 20.1. 

Employees feedback period 

(Up to 21 calendar days 

following advice) 

Response to the proposed change from relevant 

employees, their nominated representatives or 

the Union to proposals raised in meeting 

(including alternative proposals). 

Where requested, further meetings may be 

convened to address questions raised by 

employees or their representatives. 

Management consideration 

period 

WorkSafe Victoria will consider responses to the 

proposed change. 

Advice of decision WorkSafe Victoria will advise relevant employees 

and their representatives of its decision as soon as 

practicable. 

Change to regular roster or ordinary hours of work 

 For a change to the regular roster or ordinary hours of work of employees: 

 WorkSafe Victoria must notify the relevant employees of the proposed change; and 

 Clauses 20.8 to 20.12 apply. 

 The relevant employees may appoint a representative for the purposes of the 

procedures in this term. 

 If: 

 a relevant employee appoints, or relevant employees appoint, a representative for 

the purposes of consultation; and 

20.4 

20.5 

20.6 

20.7 

20.8 

20.9 

(a) 

(b) 

(a) 








13 
 

 the employee or employees advise the employer of the identity of the 

representative; 

WorkSafe Victoria must recognise the representative. 

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

 discuss with the relevant employees the introduction of the change; and 

 for the purposes of the discussion—provide to the relevant employees: 

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

change; and 

(ii) information about what the employer reasonably believes will be the effects 

of the change on the employees; and 

(iii) information about any other matters that the employer reasonably believes 

are likely to affect the employees; and 

 invite the relevant employees to give their views about the impact of the change 

(including any impact in relation to their family or caring responsibilities). 

 However, WorkSafe Victoria is not required to disclose confidential or commercially 

sensitive information to the relevant employees. 

 WorkSafe Victoria must give prompt and genuine consideration to matters raised 

about the change by the relevant employees. 

 In this clause: 

 relevant employees means the employees who may be affected by a change 

referred to in clause 20.1 or 20.7, as applicable. 

 Consultative Committee  

 WorkSafe Victoria and the CPSU commit to effective consultation to enable timely 

resolution of issues affecting WorkSafe Victoria and its employees.  

 WorkSafe Victoria and the CPSU agree to maintain a regular consultative forum.  This 

forum will be facilitated by People and Culture and attended by WorkSafe Victoria 

management decision makers and the CPSU or their nominated representative/s. 

 The forum will:  

 Support and facilitate the effective implementation and monitoring of the 

operation of this agreement; 

 Provide a forum to discuss any issues or concerns arising from the operation of this 

Agreement; 

 Provide an opportunity for attendees to be informed about a proposed business 

unit and/or organisation wide changes likely to have significant impact upon 

employees; and  

 Afford an opportunity for consultation on matters affecting employees. 

20.10 

20.11 

20.12 

20.13 

21.1 

21.2 

21.3 

(b) 

(a) 

(b) 

(c) 

(a) 

21. 

(a) 

(b) 

(c) 

(d) 








14 
 

 Notwithstanding this clause, WorkSafe Victoria is not required to disclose confidential 

or commercially sensitive information to the relevant employees, CPSU or nominated 

representatives.  

 Grievances – Review of Actions  

 An employee may make an application to review an action taken by WorkSafe Victoria 

where they consider that action to be: 

 unfair; or 

 inconsistent with the Public Sector Employment Principles; or 

 inconsistent with WorkSafe Victoria’s policies and procedures; or 

 inconsistent with this Agreement.  

 Where an employee considers they have been treated unfairly or unreasonably by an 

action WorkSafe Victoria has made in relation to their employment, the employee may 

make an application for an initial review of that action or grievance. 

 For the purposes of this clause: 

 ‘Action’ includes a decision. It also includes a refusal or failure to take an action or 

make a decision. 

  An action taken by WorkSafe Victoria is limited to: 

(i) a selection decision that relates to a proposed appointment, transfer or 

promotion to WorkSafe Victoria; 

(ii) a decision made against this Agreement; 

(iii) a decision made under a WorkSafe Victoria policy and/or procedure;  

(iv) a decision relating to employment. 

 Grievances in relation to clause 22.3(b)(i) must be raised within five business days with 

their People Leader at first instance.  If this is not appropriate, with the Director of HR 

Operations or their delegate.  

 Grievances in relation to clause 22.3(b)(ii)–(iv) should be raised within ten business 

days with their People Leader at first instance. If this is not appropriate, with the 

Director of HR Operations or their delegate. 

 If the matter is not settled through these initial discussions, the employee can submit 

an application for a review of actions.  

 An independent reviewer who has no prior involvement in the decision will be 

appointed.  

 The independent reviewer can refuse to conduct a review if they consider that: 

 the matter is frivolous, vexatious or lacking in substance; 

 the applicant does not have sufficient personal interest; or 

 the matter is proceeding in any court or Tribunal; or 

21.4 

22.1 

22.2 

22.3 

22.4 

22.5 

22.6 

22.7 

22.8 

22. 

(a) 

(b) 

(c) 

(d) 

(a) 

(b) 

(a) 

(b) 

(c) 








15 
 

 the matter could be more appropriately be the subject of a proceeding in any court 

or Tribunal.  

 The independent reviewer will conduct a review in a way that ensures natural justice 

and procedural fairness and will provide a written report to the delegate giving 

reasons for the findings and recommendations.  

 The delegate will decide whether to confirm, vary or reject the independent reviewer’s 

recommendations.  

 Nothing in this clause precludes an employee from pursuing their grievance under 

clause 23 of this Agreement or with an external body including a court or Tribunal.  

 To avoid doubt, this Agreement does not provide the employee with any rights or 

remedies in relation to the termination of, or decision to terminate, their employment.  

Termination of employment, or a decision to terminate employment, cannot be 

reviewed under this clause or clause 23. 

 Dispute Resolution 

 If a dispute arises about any matter arising under this Agreement or the NES, the 

following steps must be followed by the parties. 

 A party may choose to be represented at any stage by a representative including a 

union representative or an employer organisation.  A representative, including a Union 

or employer organisation may initiate a dispute. 

 Obligations 

 The parties to the dispute and, if appointed, their representative must genuinely 

attempt to resolve the dispute through the processes set out in this clause and 

must co-operate to ensure that these processes are carried out expeditiously. 

 Without prejudice to any party, the status quo will remain while the matters in 

dispute are being dealt with in accordance with this clause.  This requirement does 

not apply where an employee has a reasonable concern about an imminent risk to 

their health or safety, has advised WorkSafe Victoria of this concern and has not 

unreasonably failed to comply with a direction by WorkSafe Victoria to perform 

other available work that is safe and appropriate for the employee to perform. 

 Discussion of dispute  

 The parties will attempt to resolve the dispute as follows: 

(i) A dispute must initially be raised in the first instance by discussions between 

the employee(s) and their immediate People Leader;  

(ii) If it is inappropriate for the dispute to be discussed in accordance with clause 

23.4(a)(i), the employee may require that the dispute be discussed with the 

next line People Leader for the purposes of this clause. 

 The discussions at clause 23.4(a) will take place within 14 days or such longer 

period as mutually agreed.  Agreement to a longer period will not be unreasonably 

withheld by the parties.  

(d) 

22.9 

22.10 

22.11 

22.12 

23. 

23.1 

23 .2 

23 .3 

(a) 

(b) 

23.4 

(a) 

(b) 








16 
 

 Formal internal notification of dispute 

 If a process conducted under clause 22.9 is considered unresolved following the 

independent reviewer’s recommendation, an employee may submit written formal 

notification of a dispute to the Director HR Operations or their delegate for 

resolution. 

 If the dispute is still not resolved following initial discussions in accordance with 

clause 23.4(a), the parties may formally submit written formal notification of a 

dispute to the Director HR Operations or their delegate for resolution. 

 The Director HR Operations or their delegate will consider the available information 

to the dispute and will attempt to resolve the dispute.  

 If the dispute is not settled or the employee disagrees with the Director of HR 

Operations or their delegate’s decision, it may be referred by a party to the dispute 

or representative to the FWC for conciliation and, if the matter in dispute remains 

unresolved, arbitration.   

 Conciliation 

 Where a dispute is referred for conciliation, the FWC member will do everything 

the member deems right and proper to assist the parties to settle the dispute.  

 This may include arranging: 

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

(ii) for the parties to the dispute to confer among themselves at conferences at 

which the member is not present. 

 Conciliation before FWC shall be regarded as completed when: 

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

dispute; or 

(ii) the member of the FWC conducting the conciliation has, either on their own 

motion or after an application by a party to the dispute, satisfied themselves 

that there is no likelihood that, within a reasonable period, further 

conciliation will result in a settlement; or 

(iii) the parties to the dispute have informed the FWC member that there is no 

likelihood of agreement on the settlement of the dispute and the member 

does not have substantial reason to refuse to regard the conciliation 

proceedings as complete. 

 Arbitration 

(i) If the dispute has not be settled when conciliation has been completed, a 

party to the dispute may request that the FWC proceed to determine the 

dispute by arbitration. 

(ii) The FWC member that conciliated the dispute will not arbitrate the dispute if 

a party objects to the member doing so.  

23.5 

23.6 

(a} 

(b) 

(c} 

(d} 

(a} 

(b) 

(c) 

(d) 








17 
 

(iii) The determination of the FWC is binding on the parties to the dispute and 

the parties agree to be bound by the determination/decision. 

(iv) An appeal lies to the Full Bench of the FWC, with the permission of the Full 

Bench, against a determination/decision of a single member of the FWC 

made pursuant to this clause.  A dispute is not resolved until any appeal has 

been determined.  

 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.  

 Resolution of Gender Equality Disputes 

 If a dispute arises in the workplace relating to a systemic gender equality issue, the 

parties to the dispute may seek resolution in accordance with this clause. 

 For the purposes of this clause, a ‘systemic gender equality issue’ means an issue of a 

systemic nature with WorkSafe Victoria which adversely affects a class or group of 

employees relating to: 

 The gender composition of all levels of the workforce; 

 The gender composition of governing bodies; 

 Equal remuneration for work of equal or comparable value across all levels of the 

workforce, irrespective of gender; 

 Sexual harassment in the workplace; or 

 Recruitment and promotion practices in the workplace; or 

 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 

 Gendered workplace segregation.  

 A class or group of employees and WorkSafe Victoria may choose to be represented at 

any stage by a representative, including by a Union representative.  

 A party must attempt to resolve the dispute at the workplace level at first instance by 

providing in writing to WorkSafe Victoria their claim or claims under this clause. The 

claim should include sufficient detail for WorkSafe Victoria to make a reasonable 

assessment of the nature of the claim, the employee(s) impacted by the claim and any 

proposal to resolve the claim. 

 The parties must meet and discuss the claim prior to WorkSafe Victoria providing a 

written response stating whether the claim is accepted or rejected and with reasons. 

24.1 

24.2 

24.3 

24.4 

24.5 

(e) 

24. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 








18 
 

 If the claim is not settled, the employee(s) or their representative may refer the matter 

to the Public Sector Gender Equality Commissioner (the Commissioner) to deal with.  

In dealing with a claim, the Commissioner must take into account the Gender Equity 

Principles in clause 10. 

 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, the 

Commissioner may conduct the matter in accordance with Division 3 of Part 7 of the 

Gender Equality Act 2020 (Vic). This can include mediation, conciliation, making 

recommendations or offering opinions.  

 If a claim is unable to be resolved by the Commissioner, either party may refer the 

claim to the FWC as a dispute pursuant to clause 23. 

 Without prejudice to any party, the status quo will remain while the matters in dispute 

are being dealt with in accordance with this clause.   This requirement does not apply 

where an employee has a reasonable concern about an imminent risk to their health 

or safety, has advised WorkSafe Victoria of this concern and has not unreasonably 

failed to comply with a direction by WorkSafe Victoria to perform other available work 

that is safe and appropriate for the employee to perform. 

PART 4 FORMS OF EMPLOYMENT 

 Secure Employment Commitment  

 WorkSafe Victoria acknowledges the positive impact that secure employment has on 

employees and the provision of quality services to the Victorian workplaces. 

 WorkSafe Victoria will give preference to ongoing forms of employment over casual 

and fixed term arrangements wherever possible. 

 Categories of Employment 

 An employee under this Agreement will be employed in one of the following 

categories: 

 ongoing full time employee; 

 ongoing part time employee; 

 fixed term full time employee; 

 fixed term part time employee; or 

 casual employee. 

24.6 

24.7 

24.8 

24.9 

25 .1 

25 .2 

26.1 

25. 

26. 

(a) 

(b) 

(c) 

(d) 

(e) 








19 
 

 Full Time Employee 

 A full time employee is one who is engaged to work 76 hours in each two week cycle. 

This includes any full time employee on an approved purchased leave arrangement in 

accordance with clause 50. 

 Part Time Employee 

 A part time employee is one who: 

 works less than 76 hours in each two week cycle; and 

 has regular hours of work. 

 Part time employees are entitled to the same Salary and entitlements as a full time 

employee contained within this Agreement but on a pro rata basis according to the 

hours worked, unless otherwise specified. 

 Part time employment may be worked only by written agreement between the 

employee and WorkSafe Victoria, where that arrangement includes an agreement 

specifying:  

 the days in each two week cycle that the employee will work; 

 the start and finish times on the days which the employee will work;  

 the number of hours the employee will work on each day the employee works, 

ensuring that the employee works a minimum of three consecutive hours on any 

day; and 

 an agreed process for the variation of hours of work. 

 The agreed working arrangement hours will be considered the employee’s ordinary 

hours. 

 A part time employee employed under the provisions of this clause must be paid for 

ordinary hours worked at the hourly rate of pay prescribed for the class of work 

performed. 

 A part time employee may enter into a flexible hours arrangement in accordance with 

clause 33.  This is provided that the maximum number of credit hours to be worked in 

any two week cycle shall be the pro rata of the maximum 20 hours for full time 

employees. 

 Fixed Term Employees 

 A fixed term employee is an employee who is engaged for a specific period of time or 

for a specified task. 

 WorkSafe Victoria will not use fixed term contract positions for the purpose of 

undermining the job security or conditions of full time ongoing employees.   

 In accordance with the principle set out in clause 25, the use of fixed term 

27.1 

28.1 

28.2 

28.3 

28.4 

28.5 

28.6 

29.1 

29.2 

29.3 

27. 

28. 

(a) 

(b) 

(a) 

(b) 

(c) 

(d) 

29. 








20 
 

employment by WorkSafe Victoria is limited to: 

 Replacement of employees proceeding on approved leave; or  

 Meeting fluctuating client and employment needs and unexpected increased 

workloads; or 

 Undertaking a specified task which is funded for a specified period; or 

 Filling a vacancy resulting from an employee undertaking a temporary assignment 

or secondment; or 

 Temporarily filling a vacancy where, following an appropriate selection process, a 

suitable ongoing employee is not available; or 

 Filling a vacant role whilst a review of the area is undertaken, provided that such 

appointment does not exceed a period of twelve months. 

 In other than exceptional or unforeseen circumstances, fixed term appointments to a 

specific position will be for a maximum of three years, subject to clause 59.34.  

 Casual Employees 

 WorkSafe Victoria will not use casual labour for the purpose of undermining the job 

security of ongoing employees, for the purpose of turning over a series of casual 

workers to fill an ongoing employment vacancy or as a means of avoiding obligations 

under this Agreement. 

 In accordance with the principle set out in clause 25, the employment of casuals by 

WorkSafe Victoria is limited to meeting short term work demands or specialist skill 

requirements which are not continuing and would not be anticipated to be met by 

existing employee levels. 

 A casual employee will be paid the hourly rate prescribed for a full time employee, 

plus a 25% loading in lieu of paid leave to compensate for the nature of casual work. 

 A casual employee who works in excess of 7.6 hours on any one day or in excess of 38 

hours in a week, or on a public holiday, shall be paid for these excess hours at the 

applicable overtime rate prescribed in clause 34. 

 On each occasion a casual employee is required to attend work, they shall be entitled 

to work a minimum of four consecutive hours, or to receive a minimum payment for 

four hours' work if WorkSafe Victoria is unable to provide the casual employee with 

work for four consecutive hours. 

 If the CPSU or affected employees identify fixed term or casual employment that is 

considered not to meet the criteria established in this clause or clause 29 , the CPSU or 

affected employees will refer the matter to WorkSafe Victoria.  If the parties cannot 

resolve the matter, it will be dealt with under clause 22 or 23. 

29.4 

30.1 

30.2 

30.3 

30.4 

30.5 

30.6 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

30. 








21 
 

 Interns 

 Over the life of the Agreement, WorkSafe Victoria will develop, in consultation with 

the CPSU, an intern program to provide an alternative pathway and training to 

become an Appointed Officer. 

 The parties commit to developing competencies that an intern will need to achieve 

within the Intern Band. 

PART 5 WORKING HOURS 

 Hours of Work  

 Preamble 

The intent of this clause is to provide mechanisms for WorkSafe Victoria and 

employees to balance flexibility, work demand and working hours, through the 

arrangement of ordinary hours of work. 

 Essential to supporting flexibility is the importance of balancing the needs of 

employees and WorkSafe Victoria.  Any requests by an employee for flexibility in their 

spread of hours will be reasonably considered by WorkSafe Victoria to determine if the 

request can be accommodated and ensure work and business requirements can be 

met. 

 Ordinary hours  

 The ordinary hours for each employee, except for casual or part-time employees, 

will be 76 hours (exclusive of meal breaks), to be worked over an average of no 

more than ten days per fortnight. 

 The span of ordinary hours of work will be between 7.00 am and 7.00 pm Monday 

to Friday, except for employees in Appendix A. 

 Unless Appendix A applies, WorkSafe Victoria must not require an employee to: 

(i) perform ordinary hours of work outside the times of 7.00 am – 7.00 pm on 

any weekday (the ‘span of ordinary hours of work’); or 

(ii) perform ordinary hours of work on Saturdays, Sundays or Public Holidays. 

 The ordinary hours of work will not exceed nine and half hours on any one day, 

exclusive of a 30 minute unpaid meal break. 

 An employee is entitled to a minimum 30 minute unpaid meal break at the 

completion of every five hours worked.   

 An employee is entitled to a minimum break of 10 hours between periods of duty. 

31. 

31.1 

31.2 

32. 

32.1 

32.2 

32.3 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 








22 
 

 Spread of hours 

 Flexible arrangement of work hours  

(i) The ordinary hours of work, may by agreement, be worked flexibly within 

the span of ordinary hours of work to best meet organisational work 

requirements and the employee’s personal and/or family circumstances. 

 Arrangement of hours 

(i) The actual days and hours of work will be those agreed between WorkSafe 

Victoria and the employee.  Either WorkSafe Victoria or the employee may 

seek to alter the days or hours of duty within the span of ordinary hours.  

Agreement to such working hours alteration must not be unreasonably 

withheld, taking into consideration the personal/family circumstances of the 

employee, and the work requirements and business needs of WorkSafe 

Victoria. 

(ii) Where the work requirements of a position permit altering working hours, 

arrangements an employee may seek to work may include: 

 An employee works their ordinary hours over a fewer number of days. 
For example, working compressed hours over an eight or nine day 
fortnight. 

 An employee varies their start and finish time within the span of 
ordinary hours of work. 

 Flex Time 

 Subject to operational requirements and the approval of local management, full time 

and part time employees other than employees in Schedule 3 – Technical Specialists 

Pay Structure, may enter into a flex time arrangement. 

 The span of ordinary hours for an employee on a flex time arrangement is 7.00 am to 

7.00 pm, Monday to Friday, with an unpaid lunch break of a minimum of 30 minutes 

and maximum of two hours. 

 The usual ordinary hours of work shall not exceed nine and a half hours in one day. 

 The maximum number of flexible hours to be worked by a full time employee in any 

two week period will be 96 hours (ordinary 76 hours + 20 credit hours). 

 An employee's accumulated credit hours may be carried forward up to a maximum of 

20 credit hours.  

 Where an employee works in excess of 20 credit hours in two successive two week 

periods, the employee: 

 may be taken off the flex time arrangement and be given a fixed 76 ordinary hours 

per fortnight within the span of ordinary hours of work in clause 32.3(b).  All time in 

excess of the 76 which is then worked shall be approved by the manager (prior to 

being worked) and be paid as overtime or taken as time in lieu on the basis of hour 

for hour; and 

32.4 

33 .1 

33.2 

33 .3 

33.4 

33.5 

33.6 

(a) 

(b) 

33. 

(a) 








23 
 

 the credit hours accrued before the reversion will be taken at an agreed time (or in 

agreed periods) to bring the credit balance back to nil. Only once the balance has 

been returned to nil, and any issues that were driving the need for excessive hours 

have been resolved, would an application by the employee to return to a flex time 

arrangement be considered. 

 Overtime 

 To avoid doubt, Overtime means: 

 hours worked in addition to an employee’s ordinary hours of duty; or 

 for employees other than those subject to the provisions of Appendix A, outside 

the span of ordinary hours of work provided for in clause 32.3(b).  

 Eligibility  

 Employees on arrangements under clauses 32.4, 33 and 36are not entitled to 

overtime for hours worked inside the span of ordinary hours, unless the hours 

worked by direction exceeds nine and a half hours per day. 

 Overtime may be paid to employees: 

(i) in receipt of Salary up to Bands 8 and AO3 who may be required to work 

overtime; 

(ii) in receipt of a Salary in Bands 9, 10, AO4 and AO5 to meet operational 

requirements and at the approval of the Divisional Director; or 

(iii) in receipt of a Salary in Bands 11 and 12 where the employee is required to 

undertake operational or statutory requirements at the approval of the 

Divisional Director, or is recalled to duty in accordance with clause 84.4. 

 Requirement to work reasonable overtime 

 WorkSafe Victoria may require an employee to work reasonable overtime. 

 An employee may refuse to work overtime where the working of such overtime 

would result in the employee working hours which are unreasonable having regard 

to: 

(i) any risk to the employee's health and safety; 

(ii) the employee's personal circumstances, including family responsibilities; 

(iii) the needs of the workplace; 

(iv) any notice given by WorkSafe Victoria of any request or requirement to work 

the additional hours and any notice given by the employee of their intention 

to refuse to work the additional hours; 

(v) the nature of the employee's role, and the employee's level of responsibility; 

and 

(vi) any other relevant matter as outlined in the NES. 

34.1 

34.2 

34.3 

(b) 

34. 

(a) 

(b) 

(a) 

(b) 

(a) 

(b) 








24 
 

 Subject to the provisions of clauses 32.3,32.4(a) and 33, an employee will be paid 

overtime at the rate of time and a half for the first two hours in any week and at 

the rate of double time thereafter for all time worked by direction: 

(i) outside of the span of ordinary hours of work as provided in clause 32.3(b);  

(ii) in excess of the 76 hours in any two week cycle. 

 For employees who are directed to work on Public Holidays: 

 Monday to Friday, when the time worked does not exceed the ordinary daily hours, 

the rate will be time and a half of the ordinary rate additional to the ordinary time 

being paid for the public holiday; 

 Monday to Friday, when the time worked is in excess of the ordinary daily hours, 

the rate will be double time and a half of the ordinary rate for the time worked in 

excess of the normal daily hours of duty; 

 Saturday or Sunday, when no other day is proclaimed as a Public Holiday and is 

considered to be the holiday, at the rate of double time and a half of the ordinary 

rate. 

 Calculation of overtime rates 

 An employee in receipt of a Salary up to a maximum of Band 8 or AO3 who is 

directed to work overtime may elect to be paid overtime instead of flexitime under 

clause 33. 

 The minimum payment at the overtime rates as listed in clauses 34.3(c) and 34.4 is 

three hours. 

 The hourly rate to be used for a full time position to calculate overtime is the 

employee's actual fortnightly gross salary divided by 76. 

 Employees will be paid the amount due to them for overtime within the next pay 

cycle.  Provided that where the overtime is worked within one week of a pay date, 

payment of the overtime may not be paid until the following pay cycle. 

 At the consent of WorkSafe Victoria, an employee who is eligible for overtime 

payments may elect to take additional worked hours as time off in lieu. Such time 

off in lieu will be calculated on the basis of one hour's time off for each one hour of 

overtime worked. 

 Meal breaks 

 Employees who are required to work overtime for two or more hours immediately 

following their normal working hours will be entitled to take a meal break of at 

least 30 minutes and will be paid a meal allowance in accordance with clause 80.1. 

 Where an employee performs overtime which is not continuous with their normal 

working hours, they are entitled to a meal break and will be paid a meal allowance 

after four hours of overtime they work. The employee is entitled to a further meal 

allowance on completion of each additional period of four hours of work. The rate 

of payment for the meal allowance will be in accordance with clause 80.2. 

34.4 

34.5 

34.6 

(c) 

(a} 

(b) 

(c) 

(a) 

(b) 

(c) 

(d) 

(e} 

(a) 

(b) 








25 
 

 An employee who is required to: 

(i) return to work outside of their ordinary working hours; or 

(ii) work overtime on a Saturday, Sunday or Public Holiday; 

will also be entitled to take a meal break and to be paid a meal allowance after four 

continuous hours worked. The employee is entitled to a further meal break and to 

a further meal allowance on completion of each additional period of four hours of 

work. 

 The overtime meal allowance is not payable where WorkSafe Victoria provides an 

adequate and suitable meal. 

 Rest period 

 An employee who has not had at least 10 consecutive hours off duty between 

completing overtime and their normal starting time will be released after the 

completion of that overtime until they have had 10 consecutive hours off duty 

without loss of pay for ordinary working time during their rest period. 

 When an employee is working flexitime under the provisions of clause 33, their 

ordinary starting time for the purposes of this clause will be determined by the 

established practice of the employee.  If the employee does not have an 

established practice, the ordinary starting time will be deemed to be 9.00 am. 

 An employee who does not have 10 consecutive hours break between ordinary 

working days because they are instructed to continue working or to resume work 

early, will be paid at double time until they are released from duty for at least 10 

consecutive hours.  The employee will not lose pay for ordinary working time that 

falls during such absence. 

 Child care reimbursement for unscheduled overtime 

 Where an employee is required by WorkSafe Victoria to work unscheduled 

overtime with less than 24 hours' notice beyond their ordinary hours of work, and 

as a consequence, they incur additional childcare expenses, then the employee's 

reasonable childcare expenses will be reimbursed.  Evidence of the expense 

incurred by the employee must be provided to WorkSafe Victoria as soon as 

possible after the overtime is worked in order to be reimbursed.  

PART 6 FLEXIBILITY ARRANGEMENTS  

 Individual Flexibility Arrangements 

 WorkSafe Victoria and an employee covered by this Agreement may agree to make an 

individual flexibility arrangement to vary the effect of the terms of this Agreement to 

meet the genuine needs of both the employee and WorkSafe Victoria.  An individual 

flexibility arrangement must be genuinely agreed to by the employee and WorkSafe 

Victoria. 

 An individual flexibility arrangement may vary the effect of clause 32. 

(c) 

(d) 

34.7 

(a) 

(b) 

(c) 

34.8 

(a) 

35. 

35 .1 

35.2 








26 
 

 WorkSafe Victoria must ensure that the terms of the individual flexibility arrangement: 

 are about permitted matters under section 172 of the FW Act: 

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

 result in the employee being better off overall than the employee would be if no 

arrangement was made. 

 WorkSafe Victoria must ensure that the individual flexibility arrangement: 

 is in writing; 

 includes the name of WorkSafe Victoria and the employee; 

 is signed by WorkSafe Victoria and the employee and if the employee is under 18 

years of age, signed by the parent or guardian of the employee; 

 includes details of: 

(i) the terms of the Agreement that will be varied by the arrangement; 

(ii) how the arrangement will vary the effect of the terms; and 

(iii) how the employee will be better off overall in relation to the terms and 

conditions of the employee’s employment as a result of the arrangement; 

and 

 states the day on which the arrangement commences.  

 WorkSafe Victoria must give the employee a copy of the individual flexibility 

arrangement within 14 days after it is agreed to. 

 WorkSafe Victoria or the employee may terminate the individual flexibility 

arrangement: 

 by giving no more than 28 days written notice to the other party to the 

arrangement; or 

 if WorkSafe Victoria and the employee agree in writing – at any time. 

 Right to Request Flexible Working Arrangements 

 Pursuant to section 65 of the FW Act, an employee may request a change in their 

working arrangements on the basis of the following circumstances: 

 the employee is a parent of, or has the responsibility for, the care of a child who is 

of school age or younger; 

 the employee is a carer (within the meaning of the Carer Recognition Act 2010); 

 the employee has a disability; 

 the employee is 55 years or older; 

35.3 

35.4 

35.5 

35.6 

36.1 

(a) 

(b) 

(c) 

(a) 

(b) 

(c) 

(d) 

(e) 

(a) 

(b) 

36. 

(a) 

(b) 

(c) 

(d) 








27 
 

 the employee is experiencing violence from a member of the employee’s family; or 

 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: Example of changes in working arrangements include changes in hours of 

work, changes in patterns of work and changes in location of work.  

 To avoid doubt, and without limiting clause 36.1, an employee who: 

 is a parent, or has responsibility for the care, of a child; and 

 is returning to work after taking leave in relation to the birth or adoption of the 

child; 

may request to work part-time to assist the employee to care for the child.  

 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. 

 WorkSafe Victoria must give the employee a written response to the request within 21 

days, stating whether the employer grants or refuses the request.  

 Before responding to a request, the employer must discuss the request with the 

employee and genuinely try to reach agreement on a change in working arrangements 

that will reasonably accommodate the employee’s circumstances having regards to: 

 the needs of the employee arising from the circumstances; 

 the consequences for the employee if changes in working arrangements are not 

made; 

 any reasonable grounds for refusing the request. 

 If WorkSafe Victoria and the employee reached an agreement under clause 36.5 on a 

change in working arrangements that differ from that initially requested by the 

employee, WorkSafe Victoria must provide the employee with a written response to 

their request setting out the agreed change(s) in working arrangements.  

 WorkSafe Victoria may only refuse a request on reasonable business grounds. 

 Without limiting what are reasonable business grounds for the purposes of clause 

36.7, reasonable business grounds include the following: 

 that the new working arrangements requested by the employee would be too 

costly for WorkSafe Victoria; 

 that there is no capacity to change the working arrangements of other employees, 

to accommodate the new working arrangements requested by the employee; 

 that it will be impracticable to change the working arrangements of other 

employees, or recruit new employees, to accommodate the new working 

arrangements requested by the employee; 

 that the new working arrangements requested by the employee would be likely to 

result in a significant loss in efficiency or productivity; 

36.2 

36.3 

36.4 

36.5 

36.6 

36.7 

36.8 

(e) 

(f) 

(a) 

(b) 

(a) 

(b) 

(c) 

(a) 

(b) 

(c) 

(d) 








28 
 

 that the new working arrangements requested by the employee would be likely to 

have a significant negative impact on customer service. 

 If WorkSafe Victoria refuses the request, the written response under clause 36.4 must 

include: 

 details of the reasons for the refusal, including the business grounds or ground for 

the refusal and how the ground or grounds apply; and 

 whether or not there are any changes in working arrangements that WorkSafe 

Victoria can offer the employee so as to better accommodate the employee’s 

circumstances; and 

 if the employer can offer the employee such changes in working arrangements, set 

out those changes in working arrangements.  

PART 7 REMUNERATION AND RELATED MATTERS 

 Salaries 

 Employees will be paid salary rates as set out in Schedules 1 – General Pay Structure, 2 

– Appointed Officer Pay Structure and 3 – Technical Specialist Pay Structure of this 

Agreement. 

 Employees employed by WorkSafe Victoria at or after the date of commencement of 

this Agreement will receive the following salary increases: 

Table 2: Salary Increases 

Date of Effect Percentage Increase 

16 December 2020 1.5% 

1 September 2021 1.25% 

1 June 2022 1.5% 

1 March 2023 1.25% 

1 December 2023 1.5% 

1 September 2024 1% 

 The Salary Increases outlined in clause 37.2 will apply to each Classification Band in 

Schedules 1, 2 and 3.  

(e) 

36.9 

(a) 

(b) 

(c) 

37. 

37.1 

37.2 

37.3 








29 
 

 Payment of Salaries 

 Salaries, allowances and overtime payments due to an employee will be paid 

fortnightly by electronic direct credit to a bank account, credit union or building 

society account nominated by the employee.  Employees are able to obtain an 

electronic record of the details of each pay via the payroll system. 

 By agreement with WorkSafe Victoria, an employee may authorise deductions from 

their salary to be paid by WorkSafe Victoria to employee nominated health insurance 

organisations, superannuation funds or Union provided that such payment can be 

made by an electronic funds transfer between WorkSafe Victoria and the recipient 

organisation. 

 In the event of an overpayment of salary, if an agreement cannot be reached on a 

repayment arrangement, WorkSafe Victoria may recover the overpayment by 

instalments to be paid in accordance with the Financial Management Act 1994 (Vic). 

 Where a normal pay-day 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. 

 An employee who is on long term leave from WorkSafe Victoria and who has no online 

access to their payslips will be provided with a paper copy at their request. 

 Transitional Arrangements  

 On the date of operation of this Agreement, employees employed under the 

Appointed Officer Pay Structure will move from their current substantive Pay Point to 

the Pay Point equivalent to their substantive level in the new Appointed Officer Pay 

Structure as set out in Appendix D and Schedule 2. 

 Employees who are Existing Band 11 Employees and Existing Former Executives 

employed immediately prior to the commencement of this Agreement will translate to 

the General Pay Structure as set out in Appendix C. 

 Where an employee is acting in a position at a higher Classification Band at the time of 

translation, the employee will be translated to the Pay Point equivalent to that higher 

Classification Band level and will receive payment at that level until their acting duties 

ceases. The employee’s substantive position will also be translated in accordance with 

this clause. 

 Classification 

 Positions in the General Pay Structure and the Technical Pay Structure will be classified 

to a Classification Band in Schedules 1 or 3 of this Agreement by WorkSafe Victoria. 

Classification decisions will be based on the following factors (where relevant): 

 the General Pay Work Level Descriptors in Appendix B; 

 the organisational context and internal relativities; 

38.1 

38.2 

38.3 

38.4 

38.5 

39.1 

39.2 

39.3 

40.1 

38. 

39. 

40. 

(a) 

(b) 








30 
 

 the nature of the accountabilities and responsibilities assigned to the position; and 

 the range of duties assigned to the position. 

 WorkSafe Victoria and the CPSU commit to developing an Appointed Officer 

competency framework for each Classification Band in the Appointed Officer Pay 

Structure within 12 months of the date of operation of the Agreement. The 

competency framework will provide: 

 a competency profile for each Classification Band in the Appointed Officer Pay 

Structure;  

 a mechanism for reclassification of positions within the Appointed Officer Pay 

Structure; 

 a mechanism for an Intern to move through the Soft Barrier of the Intern 

Classification Band to the Appointed Officer Structure in accordance with clause 41. 

 Advancement through Bands in the Appointed Officer Pay Structure 

 Advancement to a higher Classification Band in the Appointed Officer Pay Structure is 

not automatic and can only occur when: 

 the employee is successful in attaining a position at the higher Classification Band 

through an open merit based selection process; or   

 there is work available at the higher classification; and 

 the employee is assessed as meeting the relevant Classification Band criteria in the 

competency framework; and 

 the employee demonstrates an ability to undertake work satisfactorily at the higher 

Classification Band, and if appropriate, has the necessary qualification, skills and/or 

experience. 

 Progression 

 Transitional arrangements 

 To avoid doubt, progression arrangements for employees other than Bands 11 and 

12 for the Performance Cycle 1 July 2021 to 30 June 2022, will be completed under 

the existing progression arrangements in the Previous Agreement.  

 On commencement of this Agreement, employees in Bands 11 and 12 will 

complete a performance and development plan for the remainder of the current 

performance cycle.  The performance development and progression arrangements 

outlined in this clause will operate to that performance cycle. 

 Performance and development process and progression criteria 

 A performance and development plan is to be agreed with each employee at the 

start of the Performance and Development Cycle (1 July to 30 June) or on the 

employee’s commencement in a position.  The performance and development plan 

may be adjusted by agreement during the performance cycle. 

40.2 

41.1 

42.1 

42.2 

(c) 

(d) 

(a) 

(b) 

(c) 

41. 

(a) 

(b) 

(c) 

(d) 

42. 

(a) 

(b) 

(a) 








31 
 

 The performance and development plan will include: 

(i) the agreed performance goals appropriate to the employee’s position and 

aligned to WorkSafe Victoria’s Strategic Objectives, the business unit’s goals, 

the employee’s position description and accountabilities; and 

(ii) the agreed learning and development goals required for the employee’s 

position and/or to build the employee’s professional capacity, career 

opportunities and support their wellbeing; and 

(iii) reference to WorkSafe Victoria’s expected values and behaviours. 

 The performance and development plan should be sufficiently detailed and clear to 

enable proper assessment of performance to occur and be consistent with the 

employee’s position, skills, capabilities and the relevant descriptors in Appendix B. 

 For employees in Bands 11 and 12 of the General Pay Structure, the performance 

and development plan will also include agreed progression criteria that will be 

commensurate with the higher level of responsibility expected of positions in these 

Classification Bands and be more challenging in line with the accountabilities of the 

position. 

 The progression criteria for Bands 11 and 12 of the General Pay Structure will 

include: 

(i) a set of measures and goals aligned to WorkSafe Victoria’s strategic 

objectives, business unit’s goals and the employee’s individual career goals; 

and 

(ii) high level performance objectives directed to increasing leadership 

capabilities, productivity, technical and leadership appropriate to the 

employee’s position. 

 For employees in Bands 11 and 12 of the General Pay Structure, the People Leader 

in consultation with the employee will determine what will warrant progression in 

that Performance and Development Cycle in consideration of the progression 

criteria. 

 From 1 July 2022, the performance and development plan for employees in 

Bands 8 to 10 of the General Pay Structure and equivalents in the Appointed Officer 

Structure, will be reviewed to include progression criteria that is commensurate 

with their additional responsibility. 

 The employee and their People Leader will meet throughout the Performance and 

Development cycle to monitor and assess the employee’s performance towards 

meeting their performance and development plan. 

 Eligibility requirements for progression 

 Employees in the Appointed Officer or General Pay Structures are eligible to be 

considered for a progression to the next Pay Point in a Classification Band at the 

end of the Performance and Development Cycle on 1 July of each year (Progression 

Date) where they have: 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

42.3 

(a) 








32 
 

(i) occupied the same position or a positon within the same Band for a 

continuous period of six months or more prior to the Progression Date; and 

(ii) not been subject to disciplinary action resulting in a written warning in the 

12 months ending on the 30 June prior to the Progression Date. 

 For employees in the Appointed Officer Pay Structure and Bands 1 to 10 of the 

General Pay Structure, employees must have performed the requirements of their 

position during the Performance and Development Cycle to a satisfactory standard. 

 For employees in Bands 11 to 12 of the General Pay Structure, employees must 

have performed the requirements of their role during the performance cycle to a 

satisfactory standard and exceeded most of their progression criteria. 

 Progression will take effect in the first full pay period after the conclusion of the 

relevant Performance and Development Cycle and will be backdated to the 

Progression Date. 

 Learning and development  

 WorkSafe Victoria is committed to providing learning opportunities to assist 

employees to develop and maintain position competencies; a meaningful and 

extended work life; and clear career goals as supported by the performance 

management process. This commitment is key to assisting WorkSafe Victoria 

achieve planned business objectives, including ensuring effective interventions and 

minimising corporate risk.   

 Top of band 

 Employees in the General Pay Structure who reach the top of their Band will, in lieu 

of a next Pay Point progression, receive a Top of Band Payment of a gross amount 

equal to one per cent of the employee’s Salary as at 30 June of the relevant 

Performance and Development Cycle. 

 To be eligible for this payment, an employee must: 

(i) be in the same position or a position in the same Band that they had 

occupied at the previous year’s Progression date 

(ii) have met the eligibility criteria for salary progression set out in clauses 

42.3(a)–(c). 

 The Top of Band Payment is not an ongoing adjustment to Salary and will be paid as 

a lump sum in the first full pay period after the conclusion of the relevant 

Performance and Development Cycle. 

 Intern Salary and Advancement in the Appointed Officer Pay Structure 

 Where an employee is engaged by WorkSafe Victoria as an Intern, salary will be 

payable at the lowest pay point in the Intern Band in the Appointed Officer Pay 

Structure. 

 WorkSafe Victoria will determine when an Intern’s course of study and training has 

been successfully completed in order to progress. 

(b) 

(c) 

(d) 

42.4 

42.5 

(a) 

(b) 

(c) 

43. 

43.1 

43.2 








33 
 

 On successful completion of their training requirements, the Intern will progress to 

through the soft barrier to the AO1 Classification Band in the Appointed Officer Pay 

Structure. 

 Superannuation 

 Superannuation contributions will be made to an eligible super fund of the employee’s 

choice. 

 WorkSafe Victoria’s compliant employer nominated fund (Default Fund) is VicSuper. 

 An employee who is already a member of the Emergency Services and State Super 

Fund or the Health Superannuation Scheme upon commencement with WorkSafe 

Victoria may continue their membership with that Fund/Scheme. 

 Contributions 

 For employees who are members of the Default Fund or who have nominated a 

superannuation fund of their choice, the employer contributions will be paid as 

prescribed by Federal Superannuation Guarantee Legislation regardless of the 

employee's age, as to avoid WorkSafe Victoria being required to pay the 

superannuation guarantee charge under Federal Superannuation Guarantee 

Legislation with respect to the employee.  

 Voluntary employee contributions are optional and can be either a percentage of 

contributions or a nominated amount. 

 For employees who are members of the Emergency Services and State Super Fund, 

employer and employee contributions (if any) will be in accordance with the rules 

of that Fund and may be varied in accordance with State Superannuation Fund 

legislation. 

 For employees who are members of a Health Superannuation Scheme, the 

employer and employee contributions (if any) will be in accordance with the rules 

of that Scheme. 

 Employer contributions during primary caregiver parental leave 

 An employee is entitled to have superannuation contributions made in respect of 

the period of the employee’s Primary Caregiver Parental Leave. 

 WorkSafe Victoria will pay the superannuation contributions as a lump sum to the 

employee’s fund as provided for in this clause. 

 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 the superannuation contributions payable under this clause will be 

calculated based on: 

(i) the number of weeks of Primary Caregiver Parental Leave taken by the 

employee, capped at 52 weeks; and 

43.3 

44.1 

44.2 

44.3 

44.4 

44.5 

44. 

(a) 

(b) 

(c) 

(d) 

(a) 

(b) 

(c) 

(d) 








34 
 

(ii) the employee’s weekly pay calculated in accordance with clause 59.28 of the 

Agreement; and 

(iii) the applicable contribution rate under the Superannuation Guarantee 

Administration Act 1992 (Cth) at the time the payment is made. 

 Salary Sacrifice 

 Salary sacrifice is an arrangement by which an employee agrees to forego part of their 

future salary or wages in return for their employer providing benefits of a similar 

value. 

 The employee will have the option to salary sacrifice for the following benefits: 

 Superannuation; 

 Novated Lease; 

 Approved benefit under State or Federal legislation. 

 All costs associated with the salary packaging, including statutory costs are to be met 

from the salary of the participating employee. 

 If, as a result of changes to federal law and rulings and determinations by the 

Australian Taxation Office, greater flexibility in salary sacrifice becomes available, the 

parties agree to consider extending these salary sacrifice arrangements.  

 Any additional costs affecting salary sacrifice arrangements resulting from any changes 

to federal law or rulings and determinations by the Australian Taxation Office are to be 

met by the employee. 

 Deferred Salary Scheme 

 With the written agreement of WorkSafe Victoria, an employee may elect to receive 

over a four year period 80% of the Salary they would otherwise have received in 

accordance with this Agreement.  

 On completion of the fourth year, the employee will be entitled to 12 months’ leave 

and will receive an amount equal to 80% of the salary they were entitled to in the 

fourth year of deferment. 

 Where an employee completes four years of service under this scheme and takes the 

12 months’ leave in the fifth year, the period of 12 months’ leave shall count as service 

for all purposes. 

 An employee may withdraw from this scheme prior to completing the four year period 

by the giving of no less than four weeks of written notice.  The employee in these 

circumstances will receive a lump sum payment of salary foregone to that time. 

 Accident Compensation Make-Up Pay 

 For the purposes of this clause, pay means the normal Salary the employee would 

45.1 

45 .2 

45 .3 

45 .4 

45.5 

46.1 

46.2 

46.3 

46.4 

47.1 

45. 

(a) 

(b) 

(c) 

46. 

47. 








35 
 

have received had they not sustained an injury, disease or illness, but does not include 

overtime payments.  

 Where an employee is absent from duty as a result of sustaining an injury, disease or 

illness 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 pay less the 

amount of weekly compensation payments. 

 Payment – maximum entitlement  

 WorkSafe Victoria will provide accident make-up pay to the employee for either a 

continuous period of 52 weeks, or an aggregate period of 261 working days, or an 

aggregate of 1984 hours, unless employment ceases. 

 An entitlement to accident make-up pay will cease when the employee has been 

absent for work for a continuous period of 52 weeks, or an aggregate period of 261 

working days, or an aggregate of 1984 hours, or when employment ceases, or 

when the employee is no longer entitled to weekly payments under the Workplace 

Injury Rehabilitation and Compensation Act 2013 (Vic). 

 WorkSafe Victoria 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 WorkSafe Victoria’s consent, take 

annual leave or long service leave whilst receiving accident make-up pay. 

 For an injury prior to the proclamation of the Workplace Injury Rehabilitation and 

Compensation Act 2013, a reference to that Act shall be deemed to be a reference to 

the Accident Compensation Act 1985 (Vic). 

PART 8 LEAVE 

 Annual Leave 

 Entitlement 

All employees, other than casuals, will be entitled to accrue four weeks' paid annual 

leave for each year of service.  Annual leave accrues progressively during a year of 

service according to the employee's ordinary hours of work, and accumulates from 

year to year. 

 Payment on taking annual leave 

 Payment for annual leave will be at the base rate of pay applicable to an employee 

at the time the employee takes leave.  

47.2 

47.3 

(a) 

(b) 

(c) 

47.4 

47.5 

48. 

48.1 

48.2 

(a) 








36 
 

 Before going on annual leave, each employee will have the option to be paid the 

salary for such leave in advance, provided that this will not apply to periods of less 

than 10 working days or where less than four weeks’ notice is given.  Payment of 

leave in advance will be in accordance with prevailing administration processes. 

 Annual leave loading 

 In addition to the amount of salary payable to an employee, employees at Band 10 

and below will receive an annual leave loading of 17.5% of 4 weeks' salary. 

 Payment of annual leave loading will be made on the first pay day in December of 

each year. The entitlement for part time employees and new employees will be 

calculated on a pro rata basis. 

 The maximum leave loading payable to employees in December of each year will 

not exceed the leave loading payable to an employee at Pay Point 8.1 in the 

General Pay Structure. 

 Taking of non-accrued annual leave 

The taking of non-accrued annual leave within the first 12 months of an employee 

commencing employment will be at the discretion of WorkSafe Victoria.  Discretion 

will be exercised reasonably such that the taking of non-accrued leave will not be 

unreasonably refused. 

 Illness during annual leave 

If an employee becomes sick or is injured whilst on annual leave and produces as soon 

as practicable satisfactory medical evidence or a statutory declaration which shows 

that they would have been unfit for normal duties during their absence on annual 

leave, WorkSafe Victoria will: 

 debit such period of sickness or injury against the employee's personal leave 

entitlement, subject to the employee having sufficient personal leave credit; and  

 grant the employee additional annual leave equivalent to the personal leave debit, 

to be taken at a time agreed between WorkSafe Victoria and the employee. 

 Leave on termination of employment 

An employee whose employment is terminated or who leaves the employment of 

WorkSafe Victoria will be paid out all accrued and untaken annual leave and annual 

leave loading. 

 Recall from annual leave 

 An employee will not be recalled to duty from annual leave unless it is unavoidable. 

 Where an employee is recalled from annual leave, the employee will be: 

(i) Reimbursed any costs incurred by the employee in returning to duty;  

(ii) Recredited the annual leave forgone; and 

(iii) Entitled to submit evidence of inconvenience in order to apply for additional 

compensation commensurate with any hardship caused.  Such 

compensation will be at WorkSafe’s discretion. 

48.3 

48.4 

48.S 

48.6 

48.7 

(b) 

(a) 

(b) 

(c) 

(a) 

(b) 

(a) 

(b) 








37 
 

 Annual Leave Management  

 The parties agree that it is desirable and beneficial to both employees and WorkSafe 

Victoria that leave be taken at least annually.  Accordingly, the parties covered by this 

Agreement agree to co-operate to reduce excessive leave balances and to contain 

them within a maximum limit of 30 days of accrued leave. 

 For employees who have in excess of 30 days' annual leave accrued, arrangements 

must be made to reduce this excess balance by at least 10 working days' annual leave 

within a 12 month period and to ensure that their annual leave entitlement does not 

continue to exceed 30 days. 

 An employee who does not make arrangements to take accrued annual leave that is in 

excess of 30 days will be directed by their manager to take annual leave, and will be 

given two weeks’ notice to do so. 

 An employee may make a request to accrue more than 30 days of annual leave if they 

have a specific and reasonable case for the accrual of such leave.  WorkSafe Victoria 

will consider the request in light of business needs, operational requirements and the 

employee’s wellbeing, and will not unreasonably deny the request. 

 The agreement between the employee and WorkSafe Victoria to accrue annual leave 

in excess of 30 days will be confirmed in writing by WorkSafe Victoria to the employee.  

 Purchased Leave 

 The purchased leave scheme is intended to provide flexibility in employment for 

employees in the interest of accommodating work-life balance. 

 Notwithstanding any other provision within this Agreement, an employee may, with 

WorkSafe Victoria's agreement, work between 51 weeks and 44 weeks per year by 

proportionately reducing their pay by between one to eight weeks, but averaging the 

payment of Salary over 52 weeks. 

 Where the People Leader and employee agree to a reduction in the number of 

working weeks under this clause: 

 the employee will receive a salary equal to the period worked (i.e. between 44 – 51 

weeks) which will be spread over a 52 week period. 

 the employee will receive leave in addition to that provided in clause 48.1 as 

follows: 

Table 3: Purchased leave 

44/52 weeks  Additional 8 weeks' leave (12 weeks in total) 

45/52 weeks  Additional 7 weeks' leave (11 weeks in total) 

46/52 weeks  Additional 6 weeks' leave (10 weeks in total) 

47/52 weeks  Additional 5 weeks' leave (9 weeks in total) 

48/52 weeks  Additional 4 weeks' leave (8 weeks in total) 

49.1 

49.2 

49.3 

49.4 

49.5 

50.1 

50.2 

50.3 

49. 

so. 

(a) 

(b) 








38 
 

49/52 weeks  Additional 3 weeks' leave (7 weeks in total) 

50/52 weeks  Additional 2 weeks' leave (6 weeks in total) 

51/52 weeks  Additional 1 weeks' leave (5 weeks in total) 

 Where WorkSafe Victoria has approved an employee to enter into the purchased leave 

scheme, the employee will receive the purchased leave on an annual basis.  Carer's 

leave, personal leave and long service leave accrual will remain unchanged.  

 Where WorkSafe Victoria has approved an employee to enter into the purchased leave 

scheme, the employee must take all purchased leave and annual leave within the 12 

month period of the commencement of the purchased leave scheme. 

 Where approved, the purchased leave scheme is only available for periods of 12 

months, commencing on either 1 January or 1 July of each calendar year.  New 

applications may be made annually. Applications must be submitted before 1 October 

of the previous calendar year for purchase leave commencing on 1 January and before 

1 April for purchase leave commencing on 1 July. 

 WorkSafe Victoria will not unreasonably refuse an employee’s application for 

purchased leave. 

 Long Service Leave 

 An employee who has been continuously employed by WorkSafe Victoria for 10 years 

will be entitled, subject to the provisions of this clause, to 13 weeks’ long service leave 

with pay, and to a further period of 1.3 working weeks for each additional year of 

service thereafter. 

 Part time employees accrue long service leave on a pro rata basis based on the part 

time employee’s ordinary hours of work. 

 An employee is entitled to pro rata long service leave after an initial 7 years’ 

continuous service.   

 WorkSafe Victoria may permit an employee to take the whole or any part of long 

service leave at half pay for a period equal to twice the period to which the employee 

would have otherwise been entitled.  

 An employee may request to take long service leave for a period of no less than a day. 

 A public holiday that occurs during a period of long service leave will not be regarded 

as part of such leave. 

 An employee is required to give four weeks’ notice of an intention to take long service 

leave. 

 WorkSafe Victoria will have discretion as to the time an employee takes long service 

leave, to ensure that WorkSafe Victoria's operations are not unduly disrupted. 

50.4 

50.5 

50.6 

50.7 

51.1 

51.2 

51.3 

51.4 

51.5 

51.6 

51.7 

51.8 

51. 








39 
 

 Where the service of an employee with four but less than seven years of continuous 

service is terminated on account of retirement, ill health, retrenchment or death, 

WorkSafe Victoria will, notwithstanding the provisions of this clause, pay to the 

employee or the legal representative of a deceased employee, a sum representing pay 

for service equal to 1/40 of the period of service. 

 Where the employment of an employee with seven or more years of continuous 

service is terminated on account of resignation, retirement, ill health, retrenchment or 

death, WorkSafe Victoria will, notwithstanding the provisions of this clause, pay to the 

employee or the legal representative a sum representing pay for outstanding accrued 

long service leave. 

 In determining the calculation of long service leave, continuous service is defined as 

the period of the employee's continuous service with WorkSafe Victoria, together with 

any Recognised Prior Service. 

 Any unpaid parental leave in the 52 weeks following the birth or adoption of a child 

will count towards continuous service under this clause. 

 Absence from duty on approved paid long service leave will be included in the 

calculation of length of service.  Unauthorised absences of the employee will not count 

for purposes of continuous service under this clause. 

 Recognised Prior Service for the purposes of calculation of long service leave as in 

clause 51.11 will not include periods of service where an employee: 

 was dismissed by WorkSafe Victoria, unless the employee was re-employed by 

WorkSafe Victoria within a period not exceeding 3 months after the employee’s 

dismissal; 

 was absent from any employment for a continuous period of five years or more 

otherwise than on special leave, or on such other leave as WorkSafe Victoria may 

determine, or by reason of retirement on account of ill health. 

 Long service leave will be paid fortnightly except that, at the request of the employee, 

the amount due may be paid in a lump sum at the commencement of the leave. 

 If an employee has been granted personal leave during a period of long service leave 

and the long service leave has not been extended accordingly, WorkSafe Victoria will 

grant the employee additional long service leave equivalent to the personal leave 

debit, to be taken at a mutually convenient time.  Normal personal leave certification 

requirements will apply. 

 Personal/Carer’s Leave  

 An employee, other than casual employees, may take paid personal/carer’s leave if the 

leave is taken: 

 because the employee is not fit for work because of a personal illness or injury; 

 to provide care or support to a member of the employee’s Immediate Family or 

household who requires care or support because of: 

51.9 

51.10 

51.11 

51.12 

51.13 

51.14 

51.15 

51.16 

52.1 

(a) 

(b) 

52. 

(a) 

(b) 








40 
 

(i) a personal illness or injury affecting the member; or 

(ii) an unexpected emergency affecting a member. 

 to attend a medical appointment with a Registered Practitioner; 

 to provide care or support for the reasons outlined in clause 52.1(b)(i) and (ii) to 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. 

 Casual employees are entitled to unpaid carer’s leave for each occasion when a 

member of the employee’s Immediate Family or household, requires care or support 

for the reasons outlined in clause 52.1(b)(i) and (ii), provided that the casual employee 

complies with the notification and documentary requirements in clause 52.5.  

WorkSafe Victoria and the casual employee will agree on the period of unpaid leave.  

In the absence of agreement, the casual employee may take up to two days' unpaid 

carer's leave per occasion. 

 For the purposes of this clause, an unexpected emergency does not include routine 

school holiday care or schedule days of school closure during terms.  

 Amount and accrual of personal/carer’s Leave  

 A full time employee is entitled to 114 hours of paid personal/carer’s leave each 

year which may be taken as personal or carer’s leave.  The entitlement to personal 

leave is credited on commencement of employment with WorkSafe Victoria and 

thereafter on the anniversary of the commencement with WorkSafe Victoria.  Any 

unused paid personal/carer's leave accumulates from year to year. 

 It is the intent of the parties that full time employees receive 15 days paid 

personal/carer's leave per annum irrespective of the length of their ordinary hours 

of work or shift.  Clause 52.4(c) is intended to give effect to that intent. 

 WorkSafe Victoria will deduct leave from a full time employee's leave balance at a 

nominal value of 7.6 hours for each day of personal/carer's leave taken, 

irrespective of the actual ordinary hours worked on the day.  Where the full time 

employee is absent on paid personal/carer’s leave for part of a day, the following 

formula determines the number of hours WorkSafe Victoria will deduct from the 

full time employee's leave balance for that absence: 

𝑁𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 ℎ𝑜𝑢𝑟𝑠 𝑜𝑓𝑝𝑒𝑟𝑠𝑜𝑛𝑎𝑙/𝑐𝑎𝑟𝑒𝑟′𝑠 𝑙𝑒𝑎𝑣𝑒 𝑡𝑎𝑘𝑒𝑛

𝐸𝑚𝑝𝑙𝑜𝑦𝑒𝑒′𝑠 𝑜𝑟𝑑𝑖𝑛𝑎𝑟𝑦 ℎ𝑜𝑢𝑟𝑠 𝑜𝑓 𝑤𝑜𝑟𝑘 𝑜𝑛 𝑡ℎ𝑒 𝑑𝑎𝑦
 × 7.6 

 A full time employee is also entitled to an additional 38 hours of paid leave each 

year for carer’s leave purposes only.  These additional 38 hours do not accrue from 

year to year.  If an employee uses these 38 hours in any year, they are entitled to 

use their outstanding personal leave for carer’s leave.  

 Part time employees are entitled to pro rata paid personal/carer’s leave in clause 

52.4(a) and (d) based on the part-time employee’s ordinary hours of work. 

 WorkSafe Victoria must pay the employee at the employee’s base rate of pay for 

the employee’s ordinary hours of work when they take paid personal/carer’s leave. 

52.2 

52.3 

52.4 

(c) 

(d) 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 








41 
 

 An employee who has exhausted their personal leave may use other accrued leave 

entitlements or being granted personal leave without pay.  

 Personal/carer’s leave will not be paid out on termination of employment.  

 Notification and documentary requirements 

 The employee must notify WorkSafe Victoria as soon as practicable before or after 

they commence paid personal/carer’s leave and advise WorkSafe Victoria of the 

expected period of leave.   

 An employee must, if required by WorkSafe Victoria, provide satisfactory 

supporting evidence that the leave is taken for a reason specified in clause 52.1. 

 Where an employee has been absent on personal/carer’s leave for a period of at 

least six weeks, WorkSafe Victoria may require the employee to obtain satisfactory 

supporting evidence from the employee’s treating Registered Practitioner for the 

purposes of determining when the employee can return to work and any 

reasonable adjustments or supports that may be required in the workplace.  

 Personal leave for medical appointments 

 An employee may access their accrued personal leave/carers leave to attend a 

medical appointment with a Registered Practitioner when the appointment cannot 

be reasonably scheduled outside the employee’s working hours.  Approval will not 

be unreasonably refused having regard to WorkSafe Victoria’s operational 

requirements, the needs of the employee and the amount of notice provided by 

the employee. 

 Attendance at routine medical appointments may, by agreement with WorkSafe 

Victoria, also be facilitated through flexible working arrangements (such as 

agreement to make up the time taken to attend medical appointments) as an 

alternative to using accrued personal/carers leave. 

 Absence on a public holiday 

 If the period during which an employee takes paid personal/carer's leave includes a 

day or part-day that is a Public Holiday in the place where the employee is based 

for work purposes, the employee is taken not to be on paid personal/carer's leave 

on that public holiday. 

 Additional Leave to Support Employees with a Disability  

 An employee with a disability is entitled to 76 hours of paid authorised absence per 

annum to access counselling, treatment, assessment or rehabilitation related to their 

disability as part of managing their disability and maintaining their health, fitness and 

wellbeing.  

 For the purposes of this clause, disability means if you have a physical or mental 

impairment or limitation that has a ‘Substantial’ and ‘Long-term’ negative effect on 

your ability to do normal daily activities. 

52.5 

52.6 

52.7 

53.1 

53.2 

(g) 

(h) 

(a) 

(b) 

(c) 

(a) 

(b) 

(a) 

53. 








42 
 

 ‘Substantial’ in this sub-clause means more than minor or trivial. For example, it 

takes much longer than it usually would to complete a daily, routine task. 

 ‘Long-term’ in this sub-clause means 12 months or more.   

 Disability leave is not a replacement for Personal Leave and can only be taken when 

the employee is taking professionally advised, generally pre-planned leave, related to 

their disability. 

 This leave will be credited to the employee upon approval of their application.  An 

employee must, if required by WorkSafe Victoria, provide satisfactory supporting 

evidence that the leave will be taken for a reason specified in clause 53.1.  The leave is 

not cumulative from year to year. 

 An employee who has exhausted their yearly allocation of additional leave under this 

clause may apply for further leave which will be given at WorkSafe Victoria’s 

discretion.  

 WorkSafe Victoria will be flexible enough to allow the employee the ability to leave 

work and return on the same day.  

 Compassionate Leave 

 An employee, other than a casual employee, is entitled to up to three days of paid 

leave for each occasion when a member of the employee's Immediate Family, or a 

member of the employee's household: 

 contracts or develops a personal illness or sustains a personal injury that poses a 

serious threat to that person’s life; or 

 dies; or 

 a child is Stillborn, where the child would have been a member of the employee’s 

Immediate Family, or a member of the employee’s household, if the child had been 

born alive. 

 An employee must notify WorkSafe Victoria as soon as practicable before or after they 

commence leave under this clause and advise WorkSafe Victoria of the expected 

period of leave.  

 An employee may be required by WorkSafe Victoria to provide satisfactory supporting 

evidence that the leave is taken for a reason specified in clause 54.1.  This may include 

proof of death. 

 An employee who has exhausted their entitlement under clause 54.1 may elect to use 

up to three days of their accumulated personal/carer’s leave as paid compassionate 

leave on each occasion. 

 WorkSafe Victoria may grant additional compassionate leave (either paid or unpaid) 

where an employee has exhausted their entitlement under this clause.   

 A casual employee may access three days' unpaid compassionate leave for each 

occasion. 

53.3 

53.4 

53.5 

53.6 

54.1 

54.2 

54.3 

54.4 

54.5 

54.6 

(a) 

(b) 

54. 

(a) 

(b) 

(c) 








43 
 

 WorkSafe Victoria may grant compassionate leave (either paid or unpaid) to an 

employee 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. 

 Infectious Diseases Leave 

 WorkSafe Victoria may grant paid leave where an employee contracts an infectious 

disease classified as notifiable to the Victorian Department of Health or who is 

required by a Registered Practitioner to remain isolated due to contact with a person 

that has a notifiable infectious disease. 

 The employee must provide satisfactory medical evidence from a Registered Medical 

Practitioner which includes the estimated isolation period as soon as reasonably 

practicable. 

 The period of the paid leave will 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 

requirements relating to the infectious disease. 

 The paid absence will not be deducted from the employee’s personal leave credits. 

 Blood Donor Leave 

 Subject to a People Leader’s approval, which shall not be unreasonably withheld, an 

employee may be permitted to donate blood during working hours provided that the 

time taken suits the business and does not unduly affect operational requirements. 

 Sick Leave Pool 

 In the event of a serious or terminal illness of an employee, which results in the 

employee being absent from work for an extended period of time (usually three 

consecutive months or more), WorkSafe Victoria will have the discretion to grant 

additional paid leave to the employee from the Sick Leave Pool.  

 This additional leave may only be accessed if all of the employee's current and accrued 

leave has been exhausted.  The quantum of leave granted will be at the discretion of 

the Chief Executive of WorkSafe Victoria, who will not withhold approval 

unreasonably.  Such discretion will only be exercised where the employee provides 

evidence of having no relevant entitlement to payment for their absence from any 

insurance or superannuation fund. 

 Employees may contribute their excess accrued personal leave to the sick leave pool in 

accordance with the Policy. 

54.7 

55. 

55 .1 

55 .2 

55.3 

55.4 

56. 

56.1 

57. 

57.1 

57.2 

57.3 








44 
 

 Drug and Alcohol Rehabilitation Leave 

 Notwithstanding the operation of clause 57.2, WorkSafe Victoria has the discretion to 

grant additional paid leave to an employee who, on medical referral, has commenced 

an alcohol or drug rehabilitation program.  In such circumstances and at the discretion 

of WorkSafe Victoria, this additional leave may be granted without accessing accrued 

leave entitlements. 

 Parental Leave 

 Eligible Employees are entitled to parental leave under this clause if the leave is 

associated with: 

 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/permanent 

care; and 

 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.  

 Definitions 

For the purposes of this clause: 

Eligible Employee means: 

 a full time or part time employee whether employed on an ongoing or fixed term 

basis; or 

 a long term casual employee who has, but for accessing parental leave under this 

clause, a reasonable expectation of continuing employment with WorkSafe Victoria 

on a regular and systematic basis. 

Child means: 

 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 

 in relation to permanent care/adoption-related leave, a child (or children) who will 

be placed with an employee, and: 

(i) who is, or will be, under 16 at the day of placement, or the expected day of 

placement; 

(ii) 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 

(iii) is not (otherwise than because of the adoption) a child of the employee or 

the employee’s spouse. 

 Continuous Service is work for WorkSafe Victoria on a regular and systematic basis 

(including any period of authorised leave). 

58. 

58.1 

59. 

59.1 

(a) 

(b) 

59.2 

59.3 

(a) 

(b) 

(a) 

(b) 








45 
 

 De facto spouse means a person who, although not legally married to the employee, lives 

with the employee in a relationship as a couple on a genuine domestic basis (whether the 

employee and the person are of the same sex or different sexes). 

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. 

 Secondary Caregiver means the person who has parental responsibility for the Child but is 

not the Primary Caregiver. 

Spouse includes a de facto spouse, former spouse or former de facto spouse.  

 Summary of parental leave entitlements  

 The entitlements summarised in the table below apply to a period of Parental 

Leave from the commencement of this Agreement. 

Table 2: Parental leave entitlements  

 
Paid Leave Unpaid Leave Total combined paid 

and unpaid leave 

Primary Caregiver    

with more than 3 months 

Continuous Service and not 

subject to probation 

16 weeks up to 36 weeks 52 weeks 

with less than 3 months 

Continuous Service and/or 

subject to probation 

0 up to 52 weeks 52 weeks 

Long term casual employee 0 up to 52 weeks 52 weeks 

Secondary Caregiver    

with more than 3 months 

Continuous Service and not 

subject to probation 

4 weeks up to 48 weeks 52 weeks 

with more than 3 months 

Continuous Service, not 

subject to probation and takes 

over the primary responsibility 

for the care of the Child within 

the first 78 weeks 

an additional 12 

weeks 

up to 40 weeks 52 weeks 

 

59.4 

(a) 








46 
 

 Paid Leave Unpaid Leave Total combined paid 

and unpaid leave 

Secondary Caregiver    

with less than 3 months 

Continuous Service and/or 

subject to probation 

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 38 hours   

Pre-adoption leave    

with more than 3 months 

Continuous Service and not 

subject to probation 

2 days   

Permanent care leave    

with more than 3 months 

Continuous Service and not 

subject to probation 

16 weeks up to 36 weeks 52 weeks 

with less than 3 months 

Continuous Service and/or 

subject to probation 

0 up to 52 weeks 52 weeks 

Long term casual employee 0 up to 52 weeks 52 weeks 

Grandparent leave 0 up to 52 weeks 52 weeks 

 Parental leave – Primary Caregiver 

 An Eligible Employee who has, or will have, completed at least three months paid 

Continuous Service, is not subject to probation and who will be the Primary 

Caregiver at the time of the birth or adoption of the Child, is entitled to up to 52 

weeks parental leave, comprising: 

(i) 16 weeks paid parental leave; and 

(ii) up to 36 weeks unpaid parental leave. 

59.5 

(a) 








47 
 

 An Eligible Employee who will be the Primary Caregiver but has not completed at 

least three months paid Continuous Service and/or is subject to probation at the 

time of the birth or adoption of the Child, or is a long term casual employee, is 

entitled to up to 52 weeks unpaid parental leave. 

 Only one parent can receive Primary Caregiver parental leave entitlements in 

respect to the birth or adoption of the Child at any time.  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 the Child, or  

(ii) if their Spouse has received, or will receive, paid parental leave – Primary 

Caregiver entitlements, or a similar entitlement, from their employer; or 

(iii) if the employee has received, or will receive, Secondary Caregiver parental 

leave entitlements in relation to their Child.  

 Parental leave – Secondary Caregiver  

 An Eligible Employee who has, or will have, completed at least three months paid 

Continuous Service, is not subject to probation and who will be the Secondary 

Caregiver at the time of the birth or adoption of the 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 59.7; and 

(iii) unpaid parental leave to bring to total available paid and unpaid leave to 52 

weeks.  

 An Eligible Employee who will be the Secondary Caregiver but has not completed at 

least three months paid Continuous Service and/or is subject to probation at the 

time of the birth or adoption of the Child, or is a long term casual employee, is 

entitled to up to 52 weeks unpaid parental leave. 

 Only one parent can receive Secondary Caregiver parental leave entitlements in 

respect to the birth or adoption of the Child.  

 An employee cannot receive Secondary Caregiver parental leave entitlements 

where the employee has received Primary Caregiver parental leave entitlements in 

relation to the Child.  

 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.    

(b) 

(c) 

59.6 

(a} 

(b) 

(c} 

(d) 

59.7 

(a} 








48 
 

 To access additional paid leave, the employee must have been eligible for paid 

Secondary Caregiver leave at the time of birth or adoption of their Child, 

irrespective of when the employee elects to take the paid leave under this clause. 

 Pre-natal leave 

 A pregnant employee will have access to paid leave totaling up to 38 hours per 

pregnancy to enable the employee to attend routine medical appointments 

associated with the pregnancy. 

 An employee who has a Spouse who is pregnant will have access to paid leave 

totaling up to 38 hours per pregnancy to enable the employee to attend routine 

medical appointments associated with the pregnancy.  

 The employee is required to provide a medical certificate from a Registered 

Medical Practitioner confirming that the employee or their Spouse is pregnant. 

Each absence on pre-natal leave must also be covered by a medical certificate. 

 WorkSafe Victoria will be flexible enough to allow the employee the ability to leave 

work and return on the same day. 

 Paid pre-natal leave is not available to casual employees. 

 Pre-adoption leave 

 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. 

 The employee and WorkSafe Victoria may also agree to further unpaid leave. 

Where accrued paid leave is available to the employee, the employer may require 

the employee to take such leave instead of taking unpaid leave under this sub-

clause. 

 WorkSafe Victoria may require the employee to provide satisfactory evidence 

supporting the leave. 

 Paid pre-adoption leave is not available to casual employees. 

 Permanent care leave 

 An employee is entitled to access parental leave in accordance with this clause at a 

time agreed with WorkSafe Victoria if they: 

(i) 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 legislation) or a permanent care order by the Family 

Court of Australia; and 

(ii) will be the Primary or Secondary Caregiver of that child.  

 Grandparent leave 

 An employee who is or will be the Primary Caregiver of a grandchild is entitled to a 

period of up to 52 weeks’ continuous unpaid grandparent leave in respect of the 

birth or adoption of the grandchild of the employee. 

59.8 

59.9 

59.10 

59.11 

(b) 

(a) 

(b) 

(c) 

(d) 

(e) 

(a) 

(b) 

(c) 

(d) 

(a) 

(a) 








49 
 

 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 any successor 

instrument) is eligible to access the parental leave entitlements outlined in clauses 

59.5 and 59.6.  

 Continuing to work while pregnant 

 Unless otherwise agreed between WorkSafe Victoria and the employee, the 

employee may commence parental leave at any time within six weeks immediately 

prior to the expected date of birth/adoption. 

 Where an employee continues to work within the six week period immediately 

prior to the expected date of birth, or where the employee elects to return to work 

within six weeks after the birth of the Child, WorkSafe Victoria may require the 

employee to provide a medical certificate stating that the employee is fit to 

undertake normal duties. 

 Personal illness during pregnancy 

 A pregnant employee, not then on parental leave, who is suffering from an illness 

whether related or not to the pregnancy, may take any paid and/or unpaid 

personal/carer’s leave in accordance with clause 52. 

 Transfer to a safe job 

 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 reasonably 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.  Where the 

employee and WorkSafe Victoria agree to a part time working arrangement, the 

rates and conditions of employment will be prorated. 

 If the transfer to a safe job is not practicable, the employee may take no safe job 

paid leave, or WorkSafe Victoria may require the employee to take no safe job paid 

leave immediately for a period which ends at the earliest of either: 

(i) six weeks prior to the expected date of birth unless agreement is reached 

between WorkSafe Victoria and the employee in accordance with clause 

59.13(b); 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. 

 The entitlement to no safe job paid leave is in addition to any other leave 

entitlement the employee has. 

59.12 

(a} 

59.13 

(a} 

(b) 

59.14 

(a} 

59.15 

(a} 

(b} 

(c} 








50 
 

 Special parental leave 

 Where the pregnancy of an employee not then on parental leave terminates other 

than by the birth of a living Child, the employee may take leave for such periods as 

a Registered Medical Practitioner certifies as necessary, as follows: 

(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 52;  

(ii) where the pregnancy terminates after the completion of 20 weeks, during 

the certified period/s the employee is entitled to paid special parental leave 

not exceeding the amount of paid parental leave available under clause 59.5 

and thereafter, to unpaid special parental leave. 

 Notice and evidence requirements 

 An employee must give at least ten weeks written notice of the intention to take 

parental leave, including the proposed start and end dates and whether the 

employee intends to take flexible unpaid parental leave.  At this time, the 

employee must also provide a statutory declaration stating: 

(i) that the employee will become either the Primary Caregiver or Secondary 

Caregiver of the Child, as appropriate; and 

(ii) the particulars of any parental leave taken or proposed to be taken or 

applied for by the employee’s Spouse; and  

(iii) that for the period of parental leave the employee will not engage in any 

conduct inconsistent with their contract of employment. 

 If notice under clause 59.17(a) is not practicable, the employee must give notice as 

soon as practicable.  

 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 WorkSafe Victoria of any changes to the notice provided in clause 

59.17(a), unless it is not practicable to do so.  

 Where an employee intends to take flexible unpaid parental leave and has not 

given notice in accordance with this clause, the employee must give notice at least 

ten weeks before starting flexible unpaid parental leave or later if WorkSafe 

Victoria agrees.  

 WorkSafe Victoria 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 of the Child or that the Child is Stillborn); or 

(ii) in the case of adoption-related leave, the commencement of the placement 

(or expected day of placement) of the Child and that the Child will be under 

16 years of age as at the day of placement or expected day of placement; or 

59.16 

59.17 

(a} 

(a} 

(b) 

(c) 

(d) 

(e} 








51 
 

 An employee will not be in breach of this clause if failure to give the stipulated 

notice is occasioned by birth or the placement occurring earlier than the expected 

date or in any other compelling circumstances.  In these circumstances, the notice 

and evidence requirements of this clause should be provided as soon as reasonably 

practicable. 

 Commencement of parental leave 

 An employee who is pregnant may commence Primary Caregiver parental leave at 

any time within 16 weeks prior to the expected date of birth of the Child.  In all 

other cases, Primary Caregiver parental leave commences on the day of birth or 

placement of the Child. 

 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 59.7, the additional leave will 

commence on the date the employee takes on primary responsibility for the care of 

a Child. 

 WorkSafe Victoria and employee may agree to alternative arrangements regarding 

the commencement of parental leave.    

 The period of parental leave for the purpose of calculating an employee’s 

maximum entitlement to paid and unpaid parental leave will commence from the 

date parental leave commences or otherwise no later than the date of birth of the 

Child, irrespective of when the employee elects to use any paid entitlements they 

may have under this clause. 

 Rules for taking parental leave entitlements 

 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 59.4 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 two weeks, unless WorkSafe Victoria 

otherwise agrees. 

(iii) One parent may take flexible unpaid parental leave on the same day as the 

other parent takes unpaid parental leave.  

 While an employee’s eligibility for parental leave is determined at the time of birth 

or adoption of the Child, the employee and WorkSafe Victoria 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 59.26(b), within the first 78 weeks where clause 59.7 is invoked or otherwise 

the first 104 weeks.  

(f) 

59.18 

(a) 

(b) 

(c) 

(d) 

59.19 

(a) 

(b) 








52 
 

 Parental leave does not need to be taken in a single continuous period.  WorkSafe 

Victoria and employee will agree on the duration of each block of parental leave. 

WorkSafe Victoria 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. 

 Flexible unpaid parental leave 

 An employee may take up 30 days of unpaid parental leave as flexible unpaid 

parental leave during the 24-month period from the birth or adoption of the Child.  

The flexible unpaid parental leave may be taken as: 

(i) a single continuous period of one or more days; or 

(ii) separate periods of one or more days each. 

 An employee must give WorkSafe Victoria written notice in accordance with clause 

59.17 as well as notice of a flexible day on which the employee will take flexible 

unpaid parental leave: 

(i) at least 4 weeks before that day; or 

(ii) if that is not practicable – as soon as practicable. 

 If WorkSafe Victoria agrees, the employee may change a day on which the 

employee takes flexible unpaid parental leave.  

 Hospitalised Children 

 An employee and WorkSafe Victoria may agree for an employee not to take 

Primary Caregiver leave for a period where the Child is required to remain in 

hospital after the Child’s birth, or is hospitalised immediately after the Child’s birth, 

including because: 

(i) the Child was born prematurely; or 

(ii) the Child developed a complication or contracted an illness during the 

gestation period or at birth; or 

(iii) the Child developed a complication or contracted an illness following the 

Child’s birth.  

 An agreement under clause 59.21 must be in accordance with section 78A of the 

FW Act.  

 Parental leave and other leave entitlements 

 An employee may, in lieu of or in conjunction with parental leave, access other paid 

leave entitlements which they have accrued, such as annual leave or long service 

leave, subject to the total amount of leave not exceeding 52 weeks or a longer 

period as agreed under clause 59.26(b). 

(c) 

59.20 

(a) 

(b) 

(c) 

59.21 

(a) 

(b) 

59.22 

(a) 








53 
 

 Public holidays during a period of paid parental leave 

 Where a Public Holiday occurs during a period of paid parental leave, the Public 

Holiday is not to be regarded as part of the paid parental leave and WorkSafe 

Victoria will grant the employee a day off in lieu, to be taken by the employee 

immediately following the period of paid parental leave. 

 Effect of unpaid parental leave on an employee’s continuity of employment 

 Other than provided for in clause 51, unpaid parental leave under clauses 

59.5,59.6, 59.11, 59.12, 59.16, 59.26 and 59.30 shall not break an employee’s 

continuity of employment but it will not count as service for leave accrual or other 

purposes. 

 Keeping in touch days 

 During a period of parental leave, WorkSafe Victoria and an employee may agree to 

perform work for the purpose of keeping in touch in order to facilitate a return to 

employment at the end of the period of leave. 

 Keeping in touch days must be agreed and be in accordance with section 79A of the 

FW Act. 

 Extending parental leave 

 Extending the period of parental leave where the initial period of parental leave 

is less than 52 weeks 

(i) An employee, who is on an initial period of parental leave of less than 52 

weeks under clauses 59.5 or 59.6 may extend the period of their parental 

leave on one occasion up to the full 52 week entitlement.  

(ii) The employee must notify WorkSafe Victoria 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. 

 Right to request an extension to parental leave beyond the initial 52-week period 

to a maximum of 104 weeks 

(i) An employee who is on parental leave under clauses 59.5 or 59.6 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 WorkSafe Victoria 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. 

59.23 

(a} 

59.24 

(a} 

59.25 

(a} 

(b} 

59.26 

(a} 

(b) 








54 
 

(iv) WorkSafe Victoria will 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) WorkSafe Victoria will not refuse the request unless there has been a 

reasonable opportunity to discuss the request with the employee. 

(vi) WorkSafe Victoria will provide a written response to the request as soon as 

practicable, and no later than 21 days after the request is made.  The 

response must include the details of the reasons for any refusal.  

 Total period of parental leave 

 The total period of parental leave, including any extensions, must not extend 

beyond 24 months.  

 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 clauses 59.5 or 59.6 will reduce by 

the period of any extension taken by a member of the couple under clause 59.26. 

 Calculation of pay for the purpose of parental leave 

 The calculation of weekly pay for paid parental leave purposes will be based on the 

employee’s average number of ordinary hours over the past three years from the 

proposed commencement date of parental leave (Averaging Period).  

 Where an employee has less than three years of service, the Averaging Period will 

be their total period of service with WorkSafe Victoria. 

 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 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 59.31(c). 

 For the purposes of clause 59.28(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 of the employee.  But would not include leave taken for 

lifestyle or personal reasons, career breaks or leave to undertake other 

employment. 

 The average number of weekly hours will be then applied to the annual Salary 

applicable to the employee’s classification and Pay Point at the time of taking 

parental leave to determine the actual rate of pay whilst on parental leave. 

59.27 

59.28 

(a} 

(b} 

(a} 

(b) 

(c) 

(d) 

(e) 








55 
 

 The employee may elect to take any paid parental leave entitlement at half pay for 

a period equal to twice the period to which the employee would otherwise be 

entitled. 

 Employer superannuation contributions in respect of Primary Caregiver parental 

leave 

 An employee who returns to work at the conclusion of a period of Primary 

Caregiver Parental Leave will be entitled to have superannuation contributions paid 

in respect of the period of the employee’s Primary Caregiver parental leave, subject 

to requirements in clause 44.5. 

 Commonwealth paid parental leave 

 Paid parental leave entitlements outlined in this clause are in addition to any 

payments which may be available under the Commonwealth Paid Parental Leave 

Scheme. 

 Returning to work 

 Returning to work early 

(i) During the period of parental leave an employee may return to work at any 

time as agreed between WorkSafe Victoria 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 WorkSafe 

Victoria immediately and the WorkSafe Victoria will nominate a time not 

exceeding four weeks from receipt of notification for the employee’s return 

to work. 

 Returning to work at conclusion of leave 

(i) At least four weeks prior to the expiration of parental leave, the employee 

will notify WorkSafe Victoria of their return to work after a period of parental 

leave. 

(ii) Subject to clause 59.31(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 59.15, 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. 

(f) 

59.29 

(a) 

59.30 

(a) 

59.31 

(a) 

(b) 








56 
 

 Returning to work at reduced time fraction 

(i) To assist an employee in reconciling work and parental responsibilities, an 

employee may request to return to work at a reduced time-fraction until 

their Child reaches school age, after which the employee will resume their 

substantive time-fraction.  

(ii) Where an employee wishes to make a request under clause 59.31(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. 

 Paid lactation breaks 

 Employees cannot be discriminated against for breastfeeding or expressing milk in 

the workplace. 

 An employee who wishes to continue breastfeeding after returning to work from a 

period of parental leave or keeping in touch days, may take reasonable time during 

working hours without loss of pay to do so. 

 Paid lactation breaks are in addition to normal meal and rest breaks provided for in 

this Agreement. 

 Consultation and communication during parental leave 

 Where an employee is on parental leave and a definite decision has been made to 

introduce significant change at the workplace, WorkSafe Victoria 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. 

 The employee shall take reasonable steps to inform WorkSafe Victoria 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. 

 The employee shall also notify WorkSafe Victoria of changes of address or other 

contact details which might affect WorkSafe Victoria’s capacity to comply with 

clause 59.33(a). 

 Replacement employees 

 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. 

(c) 

59.32 

(a} 

(b) 

(c) 

59.33 

(a} 

(b) 

(c) 

59.34 

(a) 








57 
 

 Before WorkSafe Victoria engages a replacement employee, WorkSafe Victoria 

must inform that person of the temporary nature of the employment and of the 

rights of the employee who is being replaced. 

 The limitation in clause 29 on the use of fixed term employment to replace the 

employee does not apply in this case. 

 Casual employees 

 WorkSafe Victoria must not fail to re-engage a casual employee because the 

employee has accessed parental leave in accordance with this clause.  The rights of 

WorkSafe Victoria in relation to engagement and re-engagement of casual 

employees are not affected, other than in accordance with this clause. 

 Assisted Reproductive Treatment 

 An employee who presents a medical certificate stating that they are undergoing 

assisted reproductive treatment is entitled to 38 hours of paid leave per year to attend 

appointments associated with the treatment in addition to any other leave.   

 An employee who is an intended parent or whose Spouse is undergoing assisted 

reproductive treatment and provides a medical certificate stating such, will in addition 

to any other leave, be entitled to paid leave up to 38 hours per year to enable the 

employee to attend such appointments. 

 This leave is not cumulative from year to year. 

 WorkSafe Victoria may request evidence of treatment from a Registered Medical 

Practitioner to cover the absence. 

 WorkSafe Victoria will be flexible enough to allow the employee the ability to leave 

work and return on the same day. 

 An employee undergoing assisted reproductive treatment may request alternative 

duties or to vary their hours of work for the treatment period.  WorkSafe Victoria must 

give genuine consideration to the request. 

 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: 

(i) 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. 

59.35 

60.1 

60.2 

60.3 

60.4 

60.5 

60.6 

61.1 

61.2 

(b) 

(c) 

(a) 

60. 

61. 

(a) 








58 
 

(ii) 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.  

(iii) 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 Family, Fairness and Housing, the Children’s Court or other similar 

federal, state or judicial authority. 

 Subject to the approval of WorkSafe Victoria, 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 totaling up to two days duration may be used 

for accreditation purposes, including attending compulsory interviews or training.  

 WorkSafe Victoria may require the employee to provide reasonable evidence to satisfy 

themselves of the employee’s entitlement to leave under this provision. 

 Surrogacy Leave 

 An employee, other than a casual employee, who has completed at least three months 

Continuous Service, is not subject to probation and who enters a formal surrogacy 

arrangement which complies with Part 4 of the Assisted Reproductive Treatment Act 

(Vic) (or any successor instrument), is entitled to access the following leave 

entitlements as a surrogate: 

 Pre-natal leave in accordance with clause 59.8; and 

 Six weeks of paid leave. 

 Continuing to work while pregnant 

 A pregnant employee acting as the surrogate as part of a formal surrogacy 

arrangement wanting to work during the six weeks before the birth, may be asked 

to provide a medical certificate stating they are fit for work and whether there are 

any risks in connection to their duties.  

 An employee who fails to provide a requested medical certificate within seven days 

or provides one which states they are unfit for work may be required to commence 

surrogacy leave. 

 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 WorkSafe 

Victoria. 

61.3 

61.4 

61.5 

62 .1 

62.2 

62 .3 

(b) 

62. 

(a) 

(b) 

(a) 

(b) 

(a) 








59 
 

 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 WorkSafe 

Victoria will grant the employee a day off in lieu, to be taken by the employee 

immediately following the period of paid surrogacy leave. 

 Personal illness during pregnancy 

 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 52. 

 Special surrogacy leave 

 Where the pregnancy of an employee not then on surrogacy 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 52; 

(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. 

 Notice and evidentiary requirements 

 An employee must provide ten weeks’ written notice to WorkSafe Victoria 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. 

 WorkSafe Victoria 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). 

 At least four weeks before the intended commencement of surrogacy leave, the 

employee must confirm in writing the intended start and end dates of the leave, or 

advise WorkSafe Victoria of any changes to the notice provided in clause 62.7(a), 

unless it is not practicable to do so.  

62.4 

(a} 

62.5 

(a} 

62.6 

(a} 

62.7 

(a} 

(b) 

(c) 








60 
 

 An employee will not be in breach of this clause if failure to give the stipulated 

notice is occasioned by birth or in any other compelling circumstances.  In these 

circumstances the notice and evidence requirements of this clause should be 

provided as soon as reasonably practicable. 

 Family Violence Leave 

 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.  

 A full time or part time employee experiencing family violence will have access to 20 

days per year of paid special leave for medical appointments, legal proceedings and 

other activities related to family violence.  A casual employee will have access to 2 

days of paid special leave in these circumstances. 

 This leave is not cumulative but if the leave is exhausted consideration will be given to 

providing additional leave.   

 This leave is 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. 

 Casual employees are entitled to access leave without pay for family violence 

purposes. 

 Evidence of family violence may be requested by WorkSafe Victoria and can be in the 

form of a document issued by the Police Service, a court, a Registered Medical 

Practitioner, a Family Violence Support Service, district nurse, maternal and health 

care nurse or Lawyer.  A signed statutory declaration can also be offered as evidence. 

 An employee who supports a person experiencing family violence may use their 

personal/carer’s leave entitlement to accompany the person to court, to hospital, or to 

care for children.  WorkSafe Victoria may require evidence consistent with clause 63.6 

from an employee seeking to use their personal/carer’s leave entitlement. 

 Gender Affirmation Leave 

 WorkSafe Victoria 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 affirmation refers to the process where a transgender employee commences 

living as a member of another gender. This is sometimes referred to ‘affirming’ their 

gender or gender ‘transition’.  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. 

(d) 

63. 

63.1 

63.2 

63.3 

63.4 

63.5 

63 .6 

63 .7 

64. 

64.1 

64.2 

64.3 








61 
 

 Amount of gender affirmation leave 

 An employee, other than a casual employee, who commences living as a member 

of another gender is entitled to gender affirmation leave for the purpose of 

supporting the employee’s transition.  This leave will comprise: 

(i) up to 20 days paid leave for gender affirmation procedures; and 

(ii) up to 48 weeks of unpaid leave. 

 Gender affirmation leave may be taken by the employee within the first 52 weeks 

after they commence living as a member of another gender.  

 Gender affirmation procedure mays include: 

(i) medical or psychological appointments; 

(ii) hormonal appointments; 

(iii) surgery and associated appointments; 

(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 WorkSafe Victoria. 

 Gender affirmation leave may be taken as consecutive, single or part days as 

agreed with WorkSafe Victoria. 

 Leave under this clause will not accrue from year to year and will not be paid out on 

termination of employment. 

 Gender affirmation leave – casual employees 

 Casual employee are entitled to access unpaid leave for gender affirmation 

purposes.  

 Notice and evidence requirements 

 An employee seeking to access Gender Affirmation Leave must provide WorkSafe 

Victoria with at least four weeks’ written notice of their intended commencement 

date and expected period of leave, unless otherwise agreed by WorkSafe Victoria. 

 An employee seeking to access Gender Affirmation Leave may be required to 

provide suitable supporting documentation or evidence of their attendance at 

gender affirmation procedures.  This may be in the form of a document issued by a 

Registered Medical Practitioner, a lawyer, or a State, Territory or Federal 

government organisation, statutory declaration or other suitable supporting 

documentation.  

  

64.4 

64.5 

64.6 

(a} 

(b) 

(c} 

(d} 

(e} 

(a} 

(a} 

(b) 








62 
 

 Community Leave 

 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 employment. 

 Cultural and ceremonial leave 

 An employee is entitled to up to three days of cultural and ceremonial leave per 

calendar year where the employee: 

(i) is of Aboriginal or Torres Strait Islander decent and the leave is connected 

with the death of a member of their Immediate Family or extended family, 

other ceremonial obligations under Aboriginal and Torres Strait Islander lore 

or attendance during working hours at Aboriginal community meetings; or 

(ii) demonstrates other significant religious or cultural ties who request leave to 

attend or adhere to applicable religious or cultural festivals or activities. 

 Ceremonial leave granted under this clause is in addition to compassionate leave 

under clause 54. 

 Cultural and ceremonial leave will not accrue from year to year and will not be paid 

out on termination of employment. 

 First Peoples’ Assembly of Victoria  

 An employee who is a member of the First Peoples’ Assembly of Victoria is entitled 

to up to ten 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 WorkSafe Victoria. 

 Where in any calendar year an employee exhausts their entitlement under this 

clause, WorkSafe Victoria may grant further paid or unpaid leave to support the 

Employee’s representative functions. 

 The employee may also request flexible working arrangements, in addition to leave 

provided in this clause, to help support their representative functions. 

 Leave under this clause will not accrue from year to year and cannot be paid out on 

termination of employment. 

 Volunteering leave 

 An ongoing employee or fixed term employee with a contract of employment of 12 

months duration or longer, is entitled to one day of paid leave per calendar year to 

participate in volunteer work. 

65. 

65.1 

(a) 

(b) 

65.2 

(a) 

(b) 

(c) 

65.3 

(a) 

(b) 

(c) 

(d) 

(e) 

65.4 

(a) 








63 
 

 Volunteer work means undertaking an activity where an employee gives their time 

to help a not-for-profit organisation to benefit the community without receiving 

monetary reward. 

 WorkSafe Victoria reserves the right to approve the organisation for which the 

employee is seeking leave under this clause prior to granting of the leave. 

 Leave under this clause will not accrue from year to year and cannot be paid out on 

termination of employment. 

 Sporting events leave 

 WorkSafe Victoria may approve leave with pay up to a maximum of 76 hours in any 

two calendar year period to an employee to participate either as a competitor or 

an official in any non-professional state, national or international sporting event 

taking into account business requirements. 

 The length of absence from work and travel arrangements for participation in 

sporting events must be agreed with WorkSafe Victoria in advance before the leave 

may be granted. 

 Leave under this clause will not accrue from year to year and cannot be paid out on 

termination of employment. 

 Leave to engage in voluntary emergency management activities 

 An employee who engages in voluntary emergency management activity with a 

recognised emergency management body that requires the attendance of the 

employee in an emergency situation and 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; 

(ii) reasonable travel time associated with the activity; and 

(iii) reasonable rest time immediately following the activity. 

 The employee must advise WorkSafe Victoria as soon as reasonably practicable if 

the employee is required to attend an emergency management activity and, where 

practicable, seek prior approval from their People Leader.  The employee must 

advise their manager of the expected or likely duration of their attendance, and will 

provide a certificate of attendance or other evidence of attendance as reasonably 

requested by WorkSafe Victoria. 

 Recognised emergency management bodies include but are not limited to, the 

Country Fire Authority, Red Cross, State Emergency Service and St John Ambulance. 

 An employee who is required to attain qualifications or to requalify to perform 

activities in an emergency management body, is entitled to three days of paid leave 

per calendar year to fulfil the requirements of the training course pertaining to 

those qualifications, provided that such training can be undertaken without unduly 

affecting WorkSafe Victoria’s operations.  Requests for such leave will not be 

unreasonably withheld. 

(b) 

(c) 

(d) 

65.5 

(a) 

(b) 

(c) 

65.6 

(a} 

(b) 

(c} 

(d) 








64 
 

 Leave under this clause will not accrue from year to year and cannot be paid out on 

termination of employment. 

 Voluntary community activities leave 

 An employee is entitled to leave with pay of up to 76 hours per calendar year to 

fulfill official functions during their term of office as an elected member of: 

(i) a Local Government Council; or 

(ii) a committee of management of a not-for-profit community organisation 

which operates under a formal legal structure subject to applicable State or 

Federal legislation. 

 Leave will be subject to WorkSafe Victoria’s operational needs. 

 Leave will not accrue from year to year and will not be paid out on termination of 

employment. 

 Australian Defence Reserve Leave 

 WorkSafe Victoria must grant leave of absence for Defence Service. 

 An employee who applies for  Australian Defence Reserve Leave will consult with 

WorkSafe Victoria regarding the proposed timing of the service and will give WorkSafe 

Victoria as much notice as is possible of the time the service will take place. 

 Where the Salary excluding allowances, received by the employee from the Australian 

Defence Force in respect of Defence Service during their ordinary hours of work is 

below the employee’s usual Salary, WorkSafe Victoria will, unless exceptional 

circumstances arise, pay to the employee make up pay for the period of Defence 

Service up to a maximum period of two years.  

 Military or Defence Reserve Sick Leave 

 Where WorkSafe Victoria is satisfied that the illness or injury of an employee is directly 

attributable to or is aggravated by active service in the Australian Military Services or 

Defence Service, the employee may, apart from any personal leave accruals they may 

have under clause 52, be granted military or defence reserve sick leave on full pay for 

up to 114 hours during each calendar year of service. 

 Military or defence reserve sick leave will be accumulative, to a maximum of 760 

hours. 

 For the purposes of this clause, active service means actual posting to a war zone or 

peacekeeping mission. 

65.7 

66.1 

66.2 

66.3 

67.1 

67.2 

67.3 

(e) 

(a) 

(b) 

(c) 

66. 

67. 








65 
 

 Leave Without Pay 

 Subject to WorkSafe Victoria's business requirements and the circumstances of each 

particular application, WorkSafe Victoria may grant an employee (other than a casual 

employee) leave without pay for a period of up to two years.  Agreement for such 

leave shall not be unreasonably withheld. 

 Leave without pay will not break an employee's period of continuous service but will 

not count as service for leave accrual or other purposes. 

PART 9 GENERAL EMPLOYMENT CONDITIONS 

 Probation 

 All employees who commence ongoing employment with WorkSafe Victoria, or who 

commence a fixed term position of more than six months, will be placed on probation. 

The period of probation will be: 

 six months for any position requiring authorisation as an Inspector or similar, 

where there is a requirement for an extensive training/induction period inherent in 

the appointment; and 

 three months for all other positions. 

 All letters of offer for ongoing or fixed term positions for more than six months will 

clearly identify that the offer is subject to a probation period. 

 A person initially employed by WorkSafe Victoria on a fixed term basis who is 

subsequently employed by WorkSafe Victoria on an ongoing basis shall have the 

period of fixed term employment taken into account in the determination of any 

probationary period. 

 A three month probationary period for an employee may be extended by not more 

than three months (with the maximum probationary period for any employee being 

six months) where: 

 an employee has been absent from the workplace for a portion of the probationary 

period, such that it limits the ability of WorkSafe Victoria to assess the employee’s 

performance; or 

 conduct or performance concerns have been identified during the probationary 

period and WorkSafe Victoria has been addressing these concerns through the 

probationary period. 

 An extension to the probationary period in the circumstances in clause 69.4 will be 

provided to the employee in writing and will allow the employee an opportunity to 

address the concerns. 

  

68. 

68.1 

68.2 

69. 

69.1 

(a) 

(b) 

69.2 

69.3 

69.4 

(a) 

(b) 

69.5 








66 
 

 Recruitment and Selection 

 WorkSafe Victoria is committed to a recruitment and selection process that: 

 provides development and career opportunities to employees; 

 will be fair, transparent and communicated openly to all employees; 

 has a clear definition of requirements for specific positions; 

 can clearly and accurately assess the required skills of applicants; and 

 openly supports equal opportunity principles. 

 Where WorkSafe Victoria determines that a position may be filled by recruitment, 

promotion or transfer, the position will be advertised internally, and may be 

advertised externally, for at least ten working days before the closing date for 

applications. 

 In exceptional circumstances to meet operational requirements, WorkSafe Victoria 

may advertise a vacancy for a minimum of five working days, following advice to the 

CPSU from People and Culture.  

 Performance Management 

 The performance management process drives high performance of WorkSafe Victoria 

employees by: 

 aligning with WorkSafe Victoria strategies; 

 setting expectations, providing clarity about what’s expected of employees in their 

positions; 

 driving development, shared responsibility for individual development; and 

 reviewing performance and providing fair, reasonable, regular and constructive 

feedback to employees including outside formal reviews. 

 The parties acknowledge that the performance management process: 

 is the management of performance and development through feedback and two-

way communication; 

 is informed by and supports the achievement of WorkSafe Victoria’s annual 

business plans; 

 is an ongoing process, not limited to the formal steps in the performance 

management cycle; 

 provides relevant, realistic and measurable objectives; and 

 encourages employees and their managers to agree and implement a development 

plan that provides assistance to employees to learn new skills, to become better at 

what they do in their position or to develop competencies to support career 

progression. 

70.1 

70.2 

70.3 

71.1 

71.2 

70. 

(a) 

(b) 

(c) 

(d) 

(e) 

71. 

(a) 

(b) 

(c) 

(d) 

(a) 

(b) 

(c) 

(d) 

(e) 








67 
 

 Redeployment 

 Where a decision is made by WorkSafe Victoria which will result in the change to the 

way work is carried out or will result in a change which means work is no longer being 

performed, and as a result of the change, an employee's position becomes excess to 

requirements, consultation with the employee will occur to endeavour to redeploy the 

employee to another position if a suitable vacancy exists. 

 The Victorian Government's policy in relation to public sector redeployment is set out 

in the Public Sector Workplace Relations Policies 2015.  The policy applies to WorkSafe 

Victoria, but does not form part of this Agreement. 

 If the employee is unsuccessful in being redeployed or appointed to a suitable 

position, they will be eligible for a retrenchment payment in accordance with the 

relevant Victorian Government policy as varied from time to time.  This policy does not 

form part of this Agreement. 

 ‘Suitable position’ means a job that is classified at the same generic level of the 

employee's substantive position, and where the employee will be able to satisfactorily 

carry out the duties of that position with a reasonable amount of training.  However, 

an employee may request to be considered for a position at a lesser salary. 

 Any employee who has agreed to be appointed to a position with a lesser salary will be 

provided with salary maintenance for up to six months following their appointment. 

 This clause does not apply to: 

 employees terminated as a consequence of serious misconduct that justifies 

dismissal without notice; 

 probationary employees; 

 fixed term employees; and 

 casual employees. 

 Discipline 

 Subject to applicable Victorian or federal law, any disciplinary action will be consistent 

with this clause.  WorkSafe Victoria is not obliged to comply with this clause in respect 

of: 

 casual employees; and 

 employees who are subject to a probationary period of employment. 

 Disciplinary action will be consistent with the principles of natural justice and 

procedural fairness.  This means employees will: 

 be heard in a fair and equitable manner; 

 have decisions made without bias, which are reasonable, proportionate and based 

on relevant evidence; 

72.1 

72.2 

72.3 

72.4 

72.5 

72.6 

73 .1 

73 .2 

72. 

(a) 

(b) 

(c) 

(d) 

73. 

(a) 

(b) 

(a) 

(b) 








68 
 

 have any actions that follow as a result of this clause clearly articulated to them; 

and 

 be able to seek assistance from a representative or support person and have a 

support person at any stage of this process. 

 Depending on the seriousness of the conduct, WorkSafe Victoria may take disciplinary 

action by proceeding immediately to any option below.  

 Option 1 – counselling of the employee 

The employee is informed of the inappropriate behaviour and the standard 

required of them and is given an opportunity to respond.  The employee will also 

be advised of any consequences of not meeting the required standard.  A record of 

the discussion will be provided to the employee. 

 Option 2 – written warning 

A written warning may be issued where the employee's inappropriate behaviour 

continues or where the misconduct requires a formal record to be made.  Under 

this option, the employee will meet with their People Leader and their People 

Leader will give the employee a written warning which indicates clearly to the 

employee: 

(i) the standard expected of them; 

(ii) where and how they are not meeting the standard; and 

(iii) the consequences for failing to meet the required standard, which may 

include termination of employment. 

The written warning will be placed on the employee's personnel file. 

 Option 3 – final written warning.  

A final written warning may be issued where the employee's inappropriate 

behaviour continues or where the misconduct or serious misconduct requires a 

formal and final record to be made.  Under this option, the employee will meet 

with their People Leader and their People Leader will give the employee a final 

written warning which indicates clearly to the employee: 

(i) the standard expected of them; 

(ii) where and how they are not meeting the standard; and 

(iii) the consequences for failing to meet the required standard, which may 

include termination of employment. 

The written warning will be placed on the employee's personnel file. 

 Option 4 – termination of employment.  

Termination of employment may occur if there is a repetition or continuation of 

the inappropriate behaviour following the issue of a previous written warning or in 

the event that the employee has engaged in serious misconduct.  Prior to 

terminating employment, WorkSafe Victoria will consider any mitigating 

circumstances put forward by the employee. 

73.3 

(c) 

(d) 

(a) 

(b) 

(c) 

(d) 








69 
 

 Termination of Employment 

 Notice of termination by WorkSafe Victoria  

 In order to terminate the employment of an employee, other than a casual 

employee, WorkSafe Victoria will give to the employee, unless otherwise mutually 

agreed in writing between WorkSafe Victoria and the employee, the following 

notice: 

Employee’s period of continuous service Period of notice 

Up to 3 years 2 weeks 

More than 3 years but less than 5 years  3 weeks 

5 years or more 4 weeks 

 In addition to the notice in clause 74.1(a), employees who are in receipt of a Salary 

above the minimum salary of Band 8 will be entitled to an additional period of 

notice.  Where such an employee has less than five years of service, they will be 

entitled to an additional period of two weeks' notice.  Employees with five or more 

years' service will be entitled to an additional four weeks' notice. 

 In addition to the notice in clauses 74.1(a) and 74.1(b), employees over 45 years of 

age at the time of the giving of the notice who has completed at least two years of 

continuous service, will receive a further week's notice. 

 Payment in lieu of the notice prescribed in clauses 74.1(a), 74.1(b) and 74.1(c) must 

be made if the appropriate notice is not given.  Provided that employment may be 

terminated by the giving of part of the period of notice specified and the payment 

of the balance of the notice period in lieu thereof. 

 In calculating any payment in lieu of notice, the Salary an employee would have 

received for the period of notice had the employee's employment not been 

terminated will be used. 

 WorkSafe Victoria does not have to give notice of termination if dismissing an 

employee for conduct that justifies summary dismissal or if terminating the service 

of a casual employee or an employee engaged for a specific time or specific task(s) 

in accordance with FW Act. 

 Termination during probationary period  

During an employee's probationary period of employment, WorkSafe Victoria may 

terminate the employee's employment by giving two weeks' notice or payment in lieu 

of notice. 

74. 

74.1 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

74.2 








70 
 

 Notice of termination by employee 

 An employee will give WorkSafe Victoria two weeks' notice of leaving its employ 

unless otherwise mutually agreed in writing between WorkSafe Victoria and the 

employee.  Provided that, employees in receipt of a Salary above the minimum 

salary of Band 8 are required to give four weeks' notice. 

 If an employee fails to give the required period of notice to WorkSafe Victoria, 

WorkSafe Victoria has the right to withhold money due to the employee up to an 

amount equal to the Salary for the period of shortfall. 

 WorkSafe Victoria may elect to make a payment in lieu of requiring the employee 

to work during the notice period. 

 Time off during notice period 

 An employee who has been given notice of termination will be allowed reasonable 

time off work at their Salary to seek other employment. 

 The time will be convenient to the employee after consultation with WorkSafe 

Victoria. 

 Employee Representation on CPSU SPSF Victorian Branch Council 

 Employees who are CPSU SPSF Victorian Branch Council members nominated by the 

Branch Secretary of the CPSU will be entitled to a half day per month to attend Branch 

Council meetings.  Time release will include reasonable time to travel to the meetings. 

 Additional paid leave will be granted to employees who are CPSU SPSF Victorian 

Branch Council members nominated by the Branch Secretary to attend: 

 Federal Executive and Federal Council meetings of the CPSU; and 

 the Australian Council of Trade Unions’ triennial conference. 

 On application, WorkSafe Victoria shall grant leave without pay to an employee for the 

purposes of secondment to work for a Union.  

 Study Assistance 

 Where WorkSafe Victoria approves an employee undertaking study which WorkSafe 

Victoria determines to be relevant to its business needs, an employee may be granted 

up to five hours of paid leave per week, to enable travel to and attendance of lectures, 

tutorials and practicals.  The long term career development of an employee shall be 

considered in the determination of an employee's application. 

 An employee who is eligible for study leave may be granted up to five days per annum 

of pre-examination and examination leave on the basis of one day per subject studied 

per semester.  

 WorkSafe Victoria may revoke any study leave due to unsatisfactory progress in the 

study or unsatisfactory work performance. 

74.3 

74.4 

75 .1 

75 .2 

75.3 

76.1 

76.2 

76.3 

(a) 

(b) 

(c) 

(a) 

(b) 

75. 

(a) 

(b) 

76. 








71 
 

 WorkSafe Victoria may provide financial assistance to an eligible employee to assist 

with the financial costs associated with formal education which is relevant to business 

needs, as determined by WorkSafe Victoria and leads to a recognised qualification. 

 Public Holidays 

 An employee of WorkSafe Victoria (other than a casual employee) shall be entitled to 

the following holidays without loss of pay: 

New Year's Day, Australia Day, Labour Day, Good Friday, Easter Saturday, Easter 

Sunday, Easter Monday, ANZAC Day, Queen's Birthday, Grand Final Eve, Melbourne 

Cup Day, Christmas Day and Boxing Day. 

 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be 

observed on 27 December. 

 When Boxing Day is a Saturday or a Sunday, an additional holiday shall be observed 

on 28 December. 

 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 shall be observed on 

the next Monday. 

 Where in a particular locality an alternative public holiday is observed in place of 

Melbourne Cup Day, an employee based in that locality will be offered the opportunity 

to take paid leave on the Melbourne Cup Day public holiday instead of the alternative 

public holiday. 

 Except as provided by this clause, where in Victoria public holidays are declared or 

gazetted on days to recognise occasions other than those set out in this clause, those 

days will constitute additional or substituted holidays for the purpose of this 

Agreement. 

 Substitution of public holidays 

 By agreement between WorkSafe Victoria and the majority of its employees or of 

its employees in a regional work unit, an alternative day may be taken as the public 

holiday in lieu of the prescribed days. 

 An agreement to substitute a Public Holiday will be recorded in writing and be 

made available to every affected employee. 

 Where any holiday or day substituted for it falls during a period of annual leave on 

a day of the week which is normally a working day for an employee, an extra day 

will be added to the annual leave of the employee concerned. 

  

76.4 

77. 

77.1 

(a) 

(b) 

(c) 

(d) 

77.2 

77.3 

77.4 

(a) 

(b) 

(c) 








72 
 

PART 10 OTHER ALLOWANCES AND CONDITIONS 

 Service Delivery Payment 

 Employees will be paid an annual lump sum service delivery payment in accordance 

with Table 4: 

 in recognition of employees’ commitment to and participation in the Responsive 

and Flexible Delivery of Services; and 

 in recognition that employees are expected to participate in piloting and 

implementing new roster systems outside of the current span of ordinary hours of 

work; and 

 to acknowledge employees are committed to enhancing flexibility arrangements 

and expanding the operation of services; and 

 in recognition of employees’ commitment to implementing and using new 

technologies and workload management tools (such as the customer relationship 

management system), and undertaking different ways of working to enhance 

WorkSafe Victoria’s service delivery. 

 The service delivery payment will be made as a once off lump sum payment on the 

dates specified in Table 4.  Part time employees will be paid the service delivery 

payment on a pro rata basis. 

 To be eligible for this payment, employees must be employed by WorkSafe Victoria on 

the date of the scheduled payment.  Anyone employed after the date of the scheduled 

payment is ineligible to receive payment until the next scheduled payment in Table 4. 

Table 4: Service Delivery Payment 

Date of Effect Service Delivery Payment 

On commencement of the 
Agreement 

$2000 
 

 1 July 2022 $2040 

1 July 2023 $2122 

1 July 2024 $2165 

 Responsibility Allowance 

 WorkSafe Victoria shall pay a responsibility allowance to an employee who is required 

to undertake the full range of responsibilities of a position that, according to WorkSafe 

Victoria's pay structure, is classified at a higher level than the employee's substantive 

position for a period exceeding at least five consecutive business days. 

 The responsibility allowance will be calculated as the difference between the 

employee's Salary in the employee's substantive position and the first Pay Point of the 

Classification Band applicable to the position in which the employee is acting. 

78. 

78.1 

(a) 

(b) 

(c) 

(d) 

78.2 

78.3 

79. 

79.1 

79.2 








73 
 

 Responsibility allowances should not normally exceed a continuous period of three 

months.  Opportunities greater than three months should comply with the 

recruitment and selection process in clause 70. 

 In exceptional circumstances, where an employee has not undertaken higher duties 

for a period at least five consecutive business days, but can demonstrate a regular 

pattern to the work, management may recognise additional effort through local 

reward and recognition programs. 

 Employees in receipt of a responsibility allowance at the time they take leave shall be 

paid at the base rate of pay including the responsibility allowance for a period not 

exceeding the equivalent of one week. 

 Overtime Meal Allowance 

 An employee who is required to work a period of overtime of not less than two hours, 

which immediately follows or immediately precedes a period of ordinary duty, and 

who is not provided with an adequate and suitable meal by WorkSafe Victoria, shall be 

paid a meal allowance in accordance with the Award. 

 An employee who is required to work a period of overtime of not less than four hours 

which is not continuous with a period of ordinary duty, and who is not provided an 

adequate and suitable meal by WorkSafe Victoria, shall be paid a meal allowance in 

accordance with the Award. 

 Reimbursement of Expenses 

 General expenses 

WorkSafe Victoria will reimburse the employee their reasonable out of pocket 

expenses, where these are necessarily and actually incurred in the course of their 

authorised duties. 

 Relocation expenses 

 If WorkSafe Victoria considers that it is reasonable and necessary for an employee 

to move residence as a result of relocation from one work location to another, and 

the relocation arises from a decision made by WorkSafe Victoria to relocate the 

employee’s full work functions, the employee will be entitled to the 

reimbursement of reasonable relocation costs incurred in the removal of furniture 

and effects provided that: 

(i) the employee obtains three written quotes prior to the relocation expense 

being incurred; 

(ii) the employee obtains their Divisional Director approval for the expenditure; 

and 

(iii) the employee provides WorkSafe Victoria with tax invoices in respect of the 

expenditure.  

79.3 

79.4 

79.5 

80. 

80.1 

80.2 

81. 

81.1 

81.2 

(a) 








74 
 

 Relocation expenses are not payable in the event of an employee initiated transfer.  

 WorkSafe Victoria may grant up to three days of paid leave associated with the 

relocation. 

 Incidental Expenses Allowance 

 An employee who travels in the course of their authorised duties and is required by 

WorkSafe Victoria to stay overnight, is entitled to be paid an allowance for incidental 

expenses in accordance with the rulings of the Commissioner of Taxation (Australian 

Tax Office) for each night of accommodation. 

 First Aid Allowance 

 An employee who is appointed by WorkSafe Victoria as a first aid attendant and who is 

the holder of current first aid qualifications from an accredited organisation (such as St 

John Ambulance or the Red Cross) will be paid a first aid allowance of 1.7% of the 

minimum salary of Band 3. 

 The first aid allowance will be paid to such first aid attendants on a fortnightly basis. 

 On Call Allowance 

 This clause will not apply where clause 85 applies. 

 An employee who is required to remain contactable and available to perform extra 

duties outside their ordinary hours of work shall be paid an on call allowance. The 

allowance shall not be paid for any period in which the employee does not remain 

contactable or make themselves ready and available to perform such duty. 

 Where an employee is in receipt of an on call allowance and is required to perform the 

duty, but is not required to be recalled to work (e.g. the matter can be resolved via 

telephone &/or modem connection to WorkSafe Victoria's systems), the employee 

shall be paid in accordance with the overtime provisions provided the time spent on 

such calls is in excess of one hour in aggregate over a seven day week. 

 Where an employee is in receipt of an on call allowance and is recalled to duty at the 

place of work, payment in accordance with the relevant overtime provisions shall be 

made for the time actually spent in rectifying the matter, inclusive of travel time. 

 An employee required to undertake on call duty shall be paid a daily rate: $38.26 per 

weekday, and $76.51 per Saturday, Sunday or public holiday.  These rates will be 

indexed in line with salary increases in the Agreement, as set out in the table below: 

  16-Dec-20 1-Sep-21 1-Jun-22 1-Mar-23 1-Dec-23 1-Sep-24 

Weekday 
           

$38.26  
           

$38.73  
           

$39.31  
           

$39.81  
           

$40.40  
           

$40.81  

Saturday, 
Sunday or 
Public Holiday 

           
$76.51  

           
$77.47  

           
$78.63  

           
$79.61  

           
$80.81  

           
$81.61  

82.1 

83.1 

83.2 

84.1 

84.2 

84.3 

84.4 

84.5 

(b) 

(c) 

82. 

83. 

84. 








75 
 

 An employee whose salary exceeds Band 8 is not eligible for payment of an on call 

allowance, unless prior approval has been granted by the Divisional Director. 

 OH&S On Call Allowance 

 An employee appointed as an Inspector pursuant to section 95 of the OHS Act who is 

required to remain contactable and available to perform extra duties outside their 

ordinary hours of work shall be paid an OH&S on call allowance. 

 An employee required to undertake OH&S on call duty shall be paid a daily rate: 

$57.38 per weekday, and $111.58 per Saturday, Sunday or public holiday.  These rates 

will be indexed in line with salary increases in the Agreement, as set out in the table 

below: 

  16-Dec-20 1-Sep-21 1-Jun-22 1-Mar-23 1-Dec-23 1-Sep-24 

Weekday 
           

$57.38  
           

$58.10  
           

$58.97  
           

$59.70  
           

$60.60  
           

$61.21  

Saturday, 
Sunday or 
Public Holiday 

         
$111.58  

         
$112.97  

         
$114.67  

         
$116.10  

         
$117.84  

         
$119.02  

 Where an employee is in receipt of an OH&S on call allowance and is required to 

perform duties, but is not required to be recalled to work (e.g. the matter can be 

resolved via telephone &/or modem connection to WorkSafe Victoria's systems), the 

employee shall be paid in accordance with the overtime provisions provided the time 

spent on such calls is in excess of one hour in aggregate over a seven day week. 

 In addition to the OH&S on call allowance specified at clause 85.2, an employee who is 

recalled to work to perform duties will be paid in accordance with the relevant 

overtime provisions for the time actually spent in performing those duties, inclusive of 

travel time. 

 In addition to the OH&S on call allowance specified at clause 85.2, an employee who is 

required to perform Controller duties shall be paid a daily rate: $76.51 per weekday, 

and $255.04 per Saturday, Sunday or public holiday when required to perform such 

duty.  These rates will be indexed in line with salary increases in the Agreement, as set 

out in the table below: 

  16-Dec-20 1-Sep-21 1-Jun-22 1-Mar-23 1-Dec-23 1-Sep-24 

Weekday 
           

$76.51  
           

$77.47  
           

$78.63  
           

$79.61  
           

$80.81  
           

$81.61  

Saturday, 
Sunday or 
Public Holiday 

         
$255.04  

         
$258.23  

         
$262.10  

         
$265.38  

         
$269.36  

         
$272.05  

 

 Controller duties means, amongst other things, monitoring the phones, responding to 

enquiries, managing WorkSafe Victoria's response to incidents.  For the avoidance of 

doubt, Controllers will not be required to perform their usual duties during their 

ordinary hours of work when they are required to perform and perform Controller 

duties. 

84.6 

85. 

85.1 

85.2 

85.3 

85.4 

85.5 

85.6 








76 
 

 To avoid doubt, the payment specified in clause 85.5 is intended to fully compensate 

an employee who is required to perform Controller duties. Clauses 34.3(c), 85.3 and 

85.4 of the Agreement will not apply where an employee is required to perform 

Controller duties. 

 Call Out Allowance 

 Subject to clause 86.3, an employee, other than an employee to whom clause 84 and 

85 applies, may be requested to attend work outside of normal business hours. 

 If the employee accepts the request, the employee shall receive a $255.04 call out 

allowance per 24 hour period, in addition to any overtime payments.  These rates will 

be indexed in line with salary increases in the Agreement, as set out in the table 

below: 

  16-Dec-20 1-Sep-21 1-Jun-22 1-Mar-23 1-Dec-23 1-Sep-24 

Rate per 24 
hour period 

         
$255.04  

         
$258.23  

         
$262.10  

         
$265.38  

         
$269.36  

         
$272.05  

 An employee whose salary exceeds Band 8 or AO3 is not eligible for payment of a call 

out allowance, unless approval has been granted by the Divisional Director. 

 Facilities, Equipment and Tools 

 WorkSafe Victoria shall provide employees with such facilities, equipment and tools, as 

may be reasonably necessary for carrying out their work, except as otherwise agreed 

between the parties. 

 WorkSafe Victoria will provide Tool of Trade motor vehicles to eligible employees 

where required for operational reasons, as determined by WorkSafe Victoria.  

Eligibility for a vehicle under this clause, conditions of use, and costs to the employee 

are set out in WorkSafe Victoria policy and will be subject to an annual review in 

consultation with the CPSU. 

 Some incidental personal use of electronic communication devices is allowed where it 

is not detrimental to the employee's job responsibilities and is within reasonable usage 

limits. 

 Corporate Branded Wear 

 WorkSafe Victoria will supply employees with corporate branded wear that meets 

business requirements to employees whose positions require contact with the public 

and other external stakeholders. 

 Ongoing employees of WorkSafe Victoria whose positions are primarily client or 

external stakeholder facing, that is more than 65% of their working time, will be 

eligible for a corporate branded wear subsidy to enable a selection of items to the 

values as follows: 

85.7 

86. 

86.1 

86.2 

--------86.3 

87. 

87.1 

87.2 

87.3 

88. 

88.1 

88.2 








77 
 

 Initial issue: $900 (+GST) 

 Subsequent annual issue: $450 (+GST) 

 WorkSafe Victoria employees whose positions are not primarily client or external 

stakeholder facing but require regular annual contact of at least one day per month, 

will be eligible for a partial subsidy to provide for a selection of items to the values as 

follows: 

 Initial issue: $650 (+GST) 

 Subsequent annual issue: $270 (+GST) 

 Any other arrangements to provide for employees not covered above but representing 

WorkSafe Victoria at special events, such as external functions, will be at the discretion 

of the Divisional Director. It is expected that limited selected items would be 

determined by the nature and duration of the event. 

 Employees not eligible under the provisions of this clause may elect to purchase 

corporate branded wear at their own expense. 

 The range of corporate branded wear supplied shall be agreed in consultation with a 

cross section of representative employees. 

 Corporate branded wear is provided in addition to personal protective equipment. 

 The cost of cleaning corporate branded wear will be borne by the employee to whom 

the corporate branded wear is provided. 

 Where an item of corporate branded wear is lost or damaged in the course of an 

employee's duties, WorkSafe Victoria will pay for replacement or repairs for that item 

on provision of evidence of the loss or damage.  This clause does not apply to 

employees who purchase items under clause 88.5. 

 All corporate branded wear must be returned to WorkSafe Victoria upon the 

termination of the employee's employment with WorkSafe Victoria. 

 Personal Protective Equipment 

 WorkSafe Victoria will provide personal protective clothing and other equipment 

necessary to protect employees from illness and/or injury where required and/or after 

a risk assessment is undertaken.  

 Personal protective clothing and other equipment will meet any applicable Australian 

Standard or Equivalent Standard and will be suited to the work to be performed. 

 Before performing work that requires the use of personal protection equipment (PPE), 

WorkSafe Victoria will provide training to the employee in the use, care, maintenance 

and disposal of PPE.  

 Employees who require prescription safety glasses to perform their duties will be 

reimbursed for any money they paid for the prescription safety glasses.  Prescription 

safety glasses must meet any Australian Standard for glasses. 

  

88.3 

88.4 

88.5 

88.6 

88.7 

88.8 

88.9 

88.10 

89.1 

89.2 

89.3 

89.4 

(a) 

(b) 

(a) 

(b) 

89. 








78 
 

PART 11 OTHER MATTERS 

 Working from Home 

 Home based working arrangements may be agreed between WorkSafe Victoria and an 

employee on a case-by-case basis.  Such arrangements must comply with OH&S 

requirements as per clause 13. 

 Workload 

 WorkSafe Victoria recognises that while the allocation of work is based on commercial 

and operational needs, it should not be allocated in such a way that it routinely 

requires work to be undertaken involving the excessive working of overtime. 

 WorkSafe Victoria recognises that employee work, including the scheduling of and 

attendance at meetings and working arrangements that require employees to be away 

from home overnight, will be planned with consideration to both business needs and 

individual employee hours of work arrangements. 

 Where an employee or group of employees believe that there is an unreasonable 

allocation of work leading to employees being overloaded with work, the individual or 

group of individuals concerned can seek to have the allocation reviewed by WorkSafe 

Victoria to address the employee's concerns. 

 On receipt of a written request by an employee or group of employees under this 

clause to review their allocation of work, WorkSafe Victoria will give the employee a 

written response within 21 days, stating whether WorkSafe Victoria agrees to or 

refuses the request. 

 If WorkSafe Victoria refuses the request for a review of workload, the written response 

under clause 91.4 must include details of the reasons for the refusal. 

 If WorkSafe Victoria 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, should WorkSafe Victoria conclude that a 

reallocation of the work is necessary, the employee or group of employees and 

WorkSafe Victoria 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. 

 Christmas Shutdown 

 The purpose of this clause is to enable WorkSafe Victoria to shut down part or all of its 

operations from the first working day after Christmas Day to the first working day after 

New Year’s Day (Shutdown Period). 

90. 

90.1 

91. 

91.1 

91.2 

91.3 

91.4 

91.5 

91.6 

91.7 

92. 

92.1 








79 
 

 Where WorkSafe Victoria intends to shut down part or all of its operations for the 

Shutdown Period, WorkSafe Victoria: 

 will notify relevant affected employees in writing of this intention no later than 

1 October of the year in which the shutdown is to take place; 

 will require relevant affected employees to utilise any accrued time in lieu, annual 

leave, or additional hours accrued under a flexible working arrangement to take 

leave during the Shutdown Period; and 

 may require a minimum level of staffing to meet the operational requirements of 

the workplace. 

 If there are insufficient expressions of interest from relevant affected employees to 

give effect to the Shutdown Period, the following process will be applied, in order: 

 WorkSafe Victoria may direct an employee who has excessive annual leave (as 

defined in clause 49) to take annual leave during the Shutdown Period; 

 WorkSafe Victoria may then direct an employee with accrued flex time to take that 

leave during the Shutdown Period. 

 Jury Service 

 An employee who is required to attend court for jury service during work hours will be 

given time off work for the purpose of carrying out that duty. 

 During a period of jury service an employee is entitled to receive their usual salary less 

payments made to the employee for jury service. 

 The employee is obliged to declare to WorkSafe Victoria all amounts of remuneration 

and allowances they received for jury service. 

 WorkSafe Victoria may pay the employee their usual salary during a period of jury 

service and later deduct from future salary or other payments owing, amounts equal 

to the remuneration received for jury service but excluding any allowances received 

for jury service.  

 Cost of Employment Related Legal Proceedings 

 If an employee is required to attend a court, tribunal, IBAC, Ombudsman, or Royal 

Commission on matters which directly arise from the performance of an employee’s 

duties, WorkSafe Victoria must meet the employee’s reasonable legal costs relating to 

appearance at or representation before a court or tribunal.  

 Where legal proceedings are initiated against an employee as a direct consequence of 

the employee performing the employee’s duties, WorkSafe Victoria will not 

unreasonably withhold agreement to meet the employee’s reasonable legal costs 

relating to the defence of such proceedings.  

92.2 

92.3 

93 .1 

93.2 

93.3 

93.4 

94.1 

94.2 

(a) 

(b) 

(c) 

(a) 

(b) 

93. 

94. 








80 
 

 Where, as a direct consequence of the employee performing their duties, it is 

necessary to obtain an intervention order or similar remedy against a client, WorkSafe 

Victoria will not unreasonably withhold agreement to meet the employee’s reasonable 

legal costs in obtaining the order or other remedy. 

 An application to meet the employee’s reasonable legal costs will be dealt with 

expeditiously by the level of management responsible for deciding the matter.  

 Retirement and Succession Planning 

 An employee may elect to provide six to 24 months' notice of their intention to retire. 

The purpose of this election is to allow an employee and WorkSafe Victoria an 

opportunity to discuss current and future employment options.  These options may 

include confirming retirement plans, continuing to work in current position, the 

opportunity to transfer to another role where approved and a position is available, 

more flexible work arrangements, succession planning and pre-retirement planning. 

WorkSafe Victoria will provide a timely and transparent decision on all requested 

employment options. 

 An employee electing to provide notice of their intention to retire may, with the 

approval of their People Leader, enter into a phased retirement plan which may 

include a leave plan.  In support of such leave plans, employees may access individual 

days of any accrued long service leave. 

 The early notification of retirement as per clause 95.1 may enable the provision of 

retirement planning and financial counselling support.  This early support will be 

granted at WorkSafe Victoria's discretion and will not be unreasonably withheld.  

 WorkSafe Victoria recognises that employee retirement has the potential for the 

organisation to lose valued skills, knowledge and experience.  While retirement 

planning will assist in managing potential losses, WorkSafe Victoria recognises the 

benefits of maintaining a professional working relationship.  This includes directly 

appointed post retirement re-employment. 

 WorkSafe Victoria retains the discretion to offer re-employment, including fixed term 

employment, to retired employees on approval from the WorkSafe Victoria Executive 

Director People and Culture, as per clause 29, fixed term employment. 

 Use of Personal Motor Vehicles 

 Where a WorkSafe Victoria red or blue plate vehicle is not available for an employee 

who requires it to perform their duties, and where public transport or the use of a taxi 

is not feasible, then the People Leader may approve the use by an employee of their 

personal motor vehicle, provided that the manager is satisfied that the vehicle is 

appropriate for the task and adequately insured.  

 Where in these circumstances, approval is given to an employee to use their own 

vehicle, they shall be reimbursed at the kilometre rate published from time to time by 

the Australian Taxation Office. 

94.3 

94.4 

95. 

95.1 

95.2 

95 .3 

95.4 

95.5 

96. 

96.1 

96.2 








81 
 

 Union Representatives 

 WorkSafe Victoria and the Unions covered by this Agreement agree that one or more 

employees employed within a section or workplace may be appointed as a Union 

representative within the workplace. 

 WorkSafe Victoria will recognise that the person is appointed by a Union as the 

representative on receiving written notice from the Branch Secretary of the relevant 

Union that the employee is the appointed representative of the Union for that 

workplace. 

 Provided that the Union representative does not unreasonably hinder or obstruct any 

employee in the performance of work, WorkSafe Victoria will allow the Union 

representative reasonable paid time during working hours to:  

 discuss with Union members matters concerning the work they perform; 

 discuss with an official of the Union matters discussed with members; 

 receive instructions from the Union about the performance of Union duties; and 

 discuss with WorkSafe Victoria's representatives matters raised by members 

concerning their employment. 

 Protection and Facilities for Union Officers 

 An employee shall not be injured in employment by reason of membership of a Union 

covered by this Agreement or by reason of their status as a Union representative. 

 WorkSafe Victoria will allow Officers of the Union reasonable use of notice boards and 

WorkSafe Victoria's electronic communication systems for work-related matters, 

provided that such use is not offensive or improper. 

 Employees will be allowed reasonable access to electronic communication devices to 

facilitate communication between employees and their Union, if applicable, provided 

such communication is not offensive or improper. 

 Honorary Office Holders of a Union covered by this Agreement who are nominated by 

the Branch Secretary of that Union are entitled to a half day per month to attend 

authorised meetings relevant to their office and roles.  Time release will include 

reasonable time to travel to the meetings. 

 Union Official Right of Entry 

 For the purpose of ensuring compliance with this Agreement and the FW Act, duly 

accredited officials of a Union covered by this Agreement who has been issued with an 

entry permit pursuant to the FW Act may, at any time during working hours, and 

provided they comply with Part 3–4 of the FW Act, be permitted to enter premises for 

the purpose of holding discussions with one or more employees: 

97.1 

97 .2 

97 .3 

98.1 

98.2 

98.3 

98.4 

99.1 

97. 

(a) 

(b) 

(c) 

(d) 

98. 

99. 








82 
 

 who perform work on the premises; and 

 whose industrial interests the permit holder's organisation is entitled to represent; 

and 

 who wish to participate in those discussions. 

 A permit holder must not intentionally hinder or obstruct any person, or otherwise act 

in an improper manner. 

 

 

99.2 

(a) 

(b) 

(c) 








83 
 

APPENDIX A. RESPONSIVE AND FLEXIBLE DELIVERY OF SERVICES 

A. During the operation of the Agreement, WorkSafe Victoria will, in consultation with 

employees and the CPSU, develop a project plan to review its service operations and 

implement a pilot to enhance service delivery and facilitate a responsive and flexible 

workplace (Responsive and Flexible Delivery of Services). 

B. The Responsive and Flexible Delivery of Services will explore options to change workplace 

practices which may include extending the service provisions outside of the span of 

ordinary hours of work (7.00am – 7.00 pm Monday to Friday) for employees in receipt of 

the Service Delivery Payment. 

 Responsive and Flexible Delivery of Services Pilot  

 After completion of the project plan, a pilot may be implemented for employees to 

work outside the span of ordinary hours of work (Pilot). 

 Before commencing a Pilot, WorkSafe in consultation with the CPSU and employees, 

will set the parameters of a Pilot for an identified work area. The parameters of the 

Pilot may include but is not limited to: 

 determining the scope and objectives of a Pilot; 

 setting the timing and length of a Pilot; 

 identifying risks or hazard to employee health and safety and control measures to 

mitigate these risks; 

 determining the roster pattern to be trailed;  

 providing an ongoing monitoring and review process of the Pilot; and 

 developing an evaluation criteria for the Pilot. 

 The evaluation criteria for the pilot may include but is not limited to whether the pilot: 

 impacts employee wellbeing and welfare; 

 creates hazards or risks to employee health and safety, and the control measures 

implemented to mitigate those risks; 

 supports or enhances productivity and service delivery;  

 supports WorkSafe’s obligations under industrial legislation; and 

 reduces workplace harm in Victorian workplaces. 

 Near the conclusion of the pilot, WorkSafe Victoria and the relevant parties will 

evaluate the Pilot against the evaluation criteria. 

 If, after the evaluation, the Pilot satisfactorily meets the evaluation criteria, WorkSafe 

Victoria will:  

 consult and engage with the CPSU and affected employees with a view to 

implement the outcomes of the Pilot; and 

1. 

1.1 

1.2 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

1.3 

(a) 

(b) 

(c) 

(d) 

(e) 

1.4 

1.5 

(a) 








84 
 

 develop a plan to further Pilot or implement the Responsive and Flexible Delivery of 

Services to work areas not included in the Pilot. 

 If at the conclusion of the Pilot, a decision is made to implement the Responsive and 

Flexible Delivery of Services, these provisions in Appendix A will continue to apply. 

 If, after the evaluation, the Pilot does not meet the evaluation criteria, WorkSafe 

Victoria may, in consultation with employees in the work area and the CPSU: 

 extend the Pilot; 

 modify the Pilot; 

 cease the Pilot. 

 Responsive and Flexible Delivery of Services Conditions 

 Where employees work outside the span of ordinary hours of work in the Responsive 

and Flexible Delivery of Services as provided in clause 1 of this Appendix, the following 

principles will apply:  

 Employees’ ordinary hours of work will be within a 24/7 operation and may include 

as part of a regular pattern or regular roster cycle: 

(i) a Saturday; or 

(ii) a Sunday; or 

(iii) a Public Holiday; or 

(iv) an Afternoon Shift/Night Shift. 

 For the purposes of this clause, Afternoon Shift and Night Shift have the same 

definition given to them in the Award. 

 An employee who is rostered to perform ordinary duty on a Public Holiday but who 

is on paid leave on that day will be granted one day’s leave in lieu of the public 

holiday. 

 The ordinary hours of work for an employee will be an average of 38 hours per 

week over 4 weeks (a total of 152 hours). 

 Employees participating in the Responsive and Flexible Delivery of Services Pilot who 

work outside the span of ordinary hours of work: 

 will be paid shift allowances in accordance with clause 21 of the Award; and 

 will be paid overtime rates in accordance with this Agreement where additional 

hours are required to be worked in excess of agreed hours; and 

 are entitled to an additional week of paid annual leave in accordance with the NES. 

 

1.6 

1.7 

2.1 

2.2 

(b) 

(a) 

(b) 

(c) 

2. 

(a) 

(b) 

(c) 

(d) 

(a) 

(b) 

(c) 








85 
 

APPENDIX B. WORK LEVEL DESCRIPTORS   

GENERAL PAY STRUCTURE WORK LEVEL DESCRIPTORS 

Band One 

 

  

Communication Service Delivery 
Knowledge  

and Proficiency 
Accountability Judgement 

 Ensures stakeholders and 
customers are kept up to 
date with progress and 
outcomes. 

 Provides clear 
communication in line with 
established policies, 
procedures and guidelines.  

 Presents routine 
information in a clear 
manner. 

 Understands organisational 
communication protocols 
and requirements.  

 Provides information to 
customers on basic and 
routine procedures, 
guidelines and policy. 

 Contributes to the 
operation of the work area. 

 Provides administrative 
support to own work area. 

 Provides standard services 
under general supervision 
and within a defined 
service delivery framework. 

 Operates and maintains 
tools and equipment 
appropriate to the function 
and level of qualification. 

 Performs routine service 
delivery functions for 
clients. 

 Develops and maintains 
practical job knowledge 
primarily through on-the-job 
experience and training. 

 Contributes ideas to the 
development of work area 
goals and objectives. 

 Focus on learning and 
developing proficiency in 
the use of software and/or 
technical equipment 
specific to the role. 

 Developing an awareness 
of legislation, regulations, 
policies and processes 
relevant to role.  
 

 Works under general 
direction within established 
priorities and procedures. 
Direct guidance may be 
required for more complex 
tasks. 

 Undertakes specific and 
defined tasks within 
established rules under 
general supervision. 

 Plans and prioritises own 
work to achieve defined 
targets and goals. 

 Seeks clarity in regard to 
role, tasks and 
expectations. 

 Contributes to and 
participates in team 
activities and team decision 
making. 
 

 Makes decisions of a 
procedural or routine 
nature which may have a 
low impact on the work 
area. 

 Uses defined precedent in 
decision making. 

 Seeks support and 
guidance for decisions 
outside scope of authority. 








86 
 

Band Two 

 

  

Communication Service Delivery 
Knowledge  

and Proficiency 
Accountability Judgement 

 Explains rules, procedures 
and operational policies to 
individual clients and 
colleagues. 

 Resolve customer 
enquiries, provides 
information and options 
and/or refer customers to 
appropriate services.  

 Drafts routine 
correspondence within 
defined precedents. 

 Drafts minutes and action 
plans for consideration by 
others. 

 Collects data, undertakes 
basic analysis and 
prepares simple reports. 

 Liaises with internal and 
external stakeholders and 
client groups. 

 Understands procedures 
for effectively dealing with 
people exhibiting 
challenging behaviours. 

 Delivers information 
services to the general 
public or clients, including 
initial advice and referral. 

 Provides a standard range 
of core administration and 
customer services. 

 Assesses client needs and 
implements appropriate 
service delivery from a 
range of accepted options. 

 Analyse basic data and 
prepare associated reports. 

 Organises routine meetings 
and small functions. 

 Undertakes standard 
processing work such as 
data entry, purchasing, and 
reports using office 
databases and operating 
systems. 

 Responsible for office 
support services and 
systems for a work Unit. 

 Assist in the provision of 
building management 
services. 

 Tasks require some 
planning and organising for 
efficient completion. 

 Understands and applies 
theoretical principles, under 
supervision, to achieve 
defined outcomes. 

 Develops knowledge of 
established techniques and 
organisational processes. 

 Provides advice and 
support to stakeholders 
within constraints of policy 
and procedures. 

 Able to perform preliminary 
research for input into 
reports. 

 Able to respond adequately 
to technical questions in 
area of expertise. 

 Able to gather information 
to diagnose a problem or 
understand an anomaly. 

 Works under general 
direction within established 
priorities and procedures 
while exercising some 
autonomy about how tasks 
are performed. 

 Changes own work 
program, which may impact 
on the operations of the 
work area. 

 Undertakes assigned tasks 
under limited supervision. 

 Determines daily priorities 
based on broader defined 
goals and role 
expectations. 

 Uses established 
precedents and 
understands impact of 
actions broadly. 

 Draws on reason and logic 
in establishing and 
preparing responses. 

 Takes initiative to 
recommend improved 
processes in immediate 
work areas. 

 Judgement is required to 
solve problems arising in 
own work area. 

 Able to clearly identify 
where escalation of 
problems is required  

 Makes administrative and 
operational decisions 
within defined parameters 
and following established 
procedures and protocols. 

 Decisions are likely to 
impact own work area but 
with minimal impact more 
broadly. 

 Uses initiative and 
experience to overcome 
obstacles and to ensure 
objectives are achieved. 

• 








87 
 

Band Three 

 

  

Communication Service Delivery 
Knowledge  

and Proficiency 
Accountability Judgement 

 Maintains clear 
communication with 
stakeholders regarding 
expectations and responds 
within defined parameters. 

 Resolve moderately 
complex enquiries from 
stakeholders and provides 
information and advice 
representative of the work 
area. 

 Builds rapport and 
maintains stakeholder 
relationships within defined 
parameters. 

 Represent the work area at 
internal and external 
meetings and conferences. 

 Uses persuasion skills in 
dealing with an individual 
client, colleague, service 
provider or the like. 
 

 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 
or courts. 

 Understand, respond and 
resolve customer enquiries. 

 Advises customers in 
relation to their rights and 
obligations. 

 Assess and use judgement 
to determine customer 
needs, requirements and 
entitlements and where 
appropriate link to further 
services. 

 Within scope of role 
participates in routine 
investigations under 
direction and provides 
evidence if required. 

 Documents meeting 
outcomes in more complex 
situations. 

 Uses theoretical knowledge 
under supervision to 
achieve defined outcomes 
in a variety of work 
situations. 

 Local reference point in 
operational processes and 
procedures. 

 Administers routine projects 
under direction or 
coordinates project steps. 

 Demonstrates problem 
solving in processing work. 

 Create and maintains local 
databases or reporting 
systems utilising standard 
software. 

 Analyse standard reports 
and data to identify 
exceptions. 

 Serves as a practical 
resource to other 
employees for assistance 
and on-the-job learning. 

 Have functional expertise in 
a specific area that 
contributes to team goals. 

 Selects from a range of 
accepted options 
established by rules, 
processes, and standards. 

 Makes decisions that may 
impact immediate work 
area. 

 Provide sound advice and 
recommendations that 
influence the decisions 
made by others, including 
supervisors and peers 

 Identify and mitigate risks 
that will impact on own 
team and work outcomes. 

 Supervision is generally 
limited to work of moderate 
complexity or difficulty. 

 Contributes to operational 
service delivery policy 
development. 

 Gathers and researches 
key information to diagnose 
a problem or understand an 
anomaly. 

 Creatively deals with 
problems within the work 
area. 

 Makes decisions with some 
autonomy that relate to role 
and area of speciality. 

 Apply judgement, 
knowledge and limited 
discretion in interpreting 
and applying legislation, 
instructions, guidelines and 
procedures. 

 Identify issues and 
contribute to the resolution 
of issues and problems. 
 








88 
 

Band Four 

  

Communication Service Delivery 
Knowledge  

and Proficiency 
Accountability Judgement 

 Explains concepts and 
policies to client’s 
stakeholders and staff. 

 Plans, leads and facilitates 
information sessions and 
consultative processes in a 
range of settings relevant to 
scope of role. 

 Prepares briefs on sensitive 
issues for consideration of 
others. 

 Draft public communication 
documents. 

 Communicates issues and 
advocates a preferred case 
or option to stakeholders. 

 Communicates 
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. 

 Assesses client needs and 
delivers a range of services 
in complex situations. 

 Assesses actions by 
individuals or organisations 
against rules, regulations 
and service agreements. 

 Participates in the 
development of strategies 
to represent the 
organisation or clients, 
involving complex and 
challenging problems. 

 Performs research and 
analysis activities and 
reports on findings. 
 

 Able to respond adequately 
to technical questions in 
area of expertise. 

 Uses theoretical knowledge 
to achieve agreed 
outcomes in moderately 
complex work situations. 

 Authoritative in application 
of processes and policy 
relevant to the work unit. 

 Strong knowledge of 
relevant legislation, 
regulations, policies and 
processes. 

 Conducts projects under 
direction or coordinates 
project steps. 

 Monitors and administers 
straight forward, local 
contracts and service 
agreements within a well-
defined service delivery 
framework. 

 Researches issues and 
prepares draft reports and 
briefings within a project 
plan or policy framework 
set by others. 

 Leadership and guidance 
supporting less 
experienced team 
members may be exercised 
where appropriate. 

 Resolves operational 
service delivery problems 
within defined parameters 
and guidelines. 

 Reviews decisions and 
assessments and 
recommendations from less 
experienced team 
members. 

 Determines own workflow 
and contributes to the 
organisation of the work 
area. 

 Analysis and advice 
contributes to decision 
making by others. 
 

 Exercises professional 
judgement about the 
application of rules, or the 
selection of choices within 
guidelines. 

 Initiates improvements to 
procedures within the work 
area. 

 Makes decisions within 
defined parameters relating 
to the area of responsibility 
that impact on work area or 
specific function. 

 Impact on operations of 
other business units and 
resources is limited. 

 Identifies and escalates 
matters of compliance, 
concern or risk. 

 Proactively seeks ways of 
improving current methods, 
systems, processes and 
structures. 








89 
 

Band Five 

  

Communication Service Delivery 
Knowledge  

and Proficiency 
Accountability Judgement 

 May lead a small team 
through activities including 
individual and team 
performance management 
and development. 

 Prepares complex 
operational reports 
requiring in depth factual 
analysis. 

 Prepares and analyses 
reports from corporate 
databases to support 
decision making in the 
broader work area. 

 Uses communication and 
presentation styles that 
encourage interaction  

 Collaborates with others to 
achieve agreed outcomes. 

 Develops local databases 
or reporting systems. 

 Reviews client 
assessments and 
associated service delivery 
plans. 

 Recommends strategies to 
represent the business unit 
and/or clients involving 
complex and challenging 
problems. 

 Provides professional 
service delivery, policy and 
process advice within an 
area of specialisation. 

 May be required to 
undertake specialist or 
technical research and 
analysis,  

 Conduct investigations 
within defined field 

 Provide advice on policies 
and legislation. 

 Drafts reports and 
recommendations by 
interpreting and analysing 
data. 

 Adapts theoretical 
knowledge based on 
practical experience and/or 
understanding of current 
issues in the field. 

 Applies understanding of 
interrelationships between 
stakeholders and/or other 
work units to achieve local 
objectives. 

 Plans and conducts several 
narrowly scoped projects 
simultaneously. 

 Contributes to and 
conducts aspects of more 
complex projects under 
direction. 

 Contributes to planning on 
large projects. 

 Undertakes multiple 
complex tasks at an 
advanced level. 

 Required to plan and 
organise to achieve results. 

 Works independently or 
under limited guidance in 
relation to area of 
expertise.  Complex or 
difficult issues are 
discussed with team 
leaders or experts. 

 Sets local precedents 
regarding the application of 
guidelines. 

 Provides guidance for 
others in the work area 
and/or related areas. 

 Provides technical 
expertise that contributes to 
business unit outcomes. 

 Have accountability for 
tasks and decisions. 
Supports less experienced 
team members in achieving 
their goals through the 
provision of guidance and 
quality assurance. 

 Contribute to the setting of 
the direction of work 
priorities and practices, 
monitoring work flow  

 Identify training needs for 
lower classified roles. 
 

 Assess and responds to 
policy and process 
changes in work area. 

 Identifies and applies 
developments within 
professional field. 

 Identify problems or issues 
and resolve or establish 
actions to mitigate. 

 Under the support and 
general direction of a 
higher classification level 
makes decisions governed 
by the application of rules, 
regulations, best practice 
principles or operating 
instructions and 
procedures,  

 Apply innovation initiatives 
to maximise the benefits of 
change and contributes to 
the improvement in quality 
and efficiency of services. 

 Makes decisions within 
defined parameters and 
may set new precedents 
based on sound subject 
matter knowledge and 
professional judgement. 

 








90 
 

Band Six 

  

Communication Service Delivery 
Knowledge  

and Proficiency 
Accountability Judgement 

 Develops and supports 
complex relationships with 
internal and external 
stakeholders. 

 Plan, lead and facilitate 
consultative processes in a 
range of settings involving 
more difficult or sensitive 
issues. 

 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. 

 Prepare correspondence of 
a complex nature. 

 Negotiate with 
stakeholder(s) to resolve 
conflict in complex or 
escalated cases. 

 Provides detailed technical, 
professional, or policy 
advice in relation to 
complex problems.  

 May assist in strategic 
planning, program and 
project management and 
policy development. 

 Determines operational 
service delivery plans 
based on accepted 
standards. 

 Supervises aspects of 
operational work teams. 

 Resolves operational 
service delivery problems 
consistent with program 
objectives. 

 Researches and develops 
recommendations in a 
specific field of expertise. 

 Undertakes technical or 
specialist data analysis and 
modelling and prepares 
relevant reports. 

 Provides specialist 
administrative and 
corporate support 
expertise. 
 

 Authoritative in the 
application of processes. 

 Provide accurate and 
specialised advice that 
anticipates problems and 
contributes to issues 
management. 

 In depth knowledge of the 
role and functions of the 
business and an 
understanding of how these 
relate to a work area. 

 Maintains awareness of 
longer-term strategic, 
political or operational 
outcomes for the business 
and possible impacts on the 
work area. 

 Produces work requiring 
little or no revision before 
finalisation. 

 Advice and analysis 
contributes to policy 
formulation. 

 Works independently with 
limited direction following 
established priorities, 
practices, and 
methodologies to deliver 
quality outcomes. 

 May develop guidelines 
within the work area. 

 Sets priorities for the work 
area, maintain team 
cohesion, and ensure 
quality of outputs for the 
work area. 

 Recommends resource 
allocation to immediate 
manager in order to meet 
service delivery priorities. 

 Contributes to managing 
change and uncertainty in 
the workplace. 

 Contributes expertise to a 
team working on complex 
projects. 

 Interprets policy and its 
application to practices and 
procedures. 

  Ensure decisions are 
governed by the application 
of regulations, best practice 
principles or the 
businesses operating 
instructions and 
procedures. 

 Make decisions under 
direction from more senior 
staff on tasks/assignments 
with considerable 
complexity and sensitivity. 








91 
 

Band Seven 

  

Communication Service Delivery 
Knowledge  

and Proficiency 
Accountability Judgement 

 Develops and implements 
operational communication 
and consultation strategies 
on specific projects. 

 Applies negotiation, 
persuasion and motivation 
skills to manage staff and 
stakeholders. 

 Initiates and maintains 
relationships with peer and 
senior internal and external 
stakeholders 

 Focuses on understanding 
stakeholder issues. 

 Provide specialist 
assistance to stakeholders 
to achieve outcomes in 
accordance with business 
unit initiatives. 

 Undertakes advanced case 
management, which may 
include collaboration 
across multiple business 
units. 

 Undertakes complex or 
technical investigations and 
makes recommendations 
for action. 

 Supervises a technical or 
specialist team and/or 
projects. 

 Supervises a discrete 
function with limited budget 
or staff responsibilities. 

 Supervises cross-functional 
delivery within a defined 
service. 

 Develops project briefs 
consistent with business 
plan direction. 

 Contributes to strategic 
business planning. 

 Formulates policy options 
and advice. 

 Negotiates and manages 
straight forward corporate 
contracts and service 
agreements. 

 Defines the appropriate 
methodology in the analysis 
of policy or research 
options. 

 Researches and applies 
advanced theoretical 
knowledge in a specialised 
field to operational problem 
solving. 

 Applies sound theoretical 
and practical expertise in 
development of policy. 

 Performs professional or 
technical work at an 
advanced level in a narrow 
field of expertise or on 
research projects. 

 Advice and analysis 
influences policy 
development. 

 Develops service plans and 
delivery standards for the 
area of responsibility. 

 Specialist in an area of their 
profession and relied on for 
advice in this field. 
 

 Undertakes work that is 
complex in nature, under 
limited direction with some 
autonomy. 

 Provides expertise and 
knowledge in specialist 
area across a range of 
programs or activities for 
the business. 

 Interprets and applies 
business plans and policies 
to own area of 
responsibility. 

 Uses specialist knowledge 
within confined field to 
challenge policies and 
professional concepts. 
 

 Propose and facilitate 
innovation initiatives. 

 Contribute to business 
improvement strategies 
and change in workplace 
practices. 

 Make decisions using good 
judgement, expertise and 
knowledge, under limited 
guidance. 

 Innovative thinking is an 
inherent feature of the job. 
 








92 
 

Band Eight 

Communication Service Delivery 
Knowledge  

and Proficiency 
Accountability Judgement 

 Engage and collaborate 
with stakeholders to identify 
opportunities, achieve 
outcomes and facilitate 
cooperation. 

 Promote the business units 
objectives through strategic 
relationships with a range 
of stakeholders. 

 Negotiates with 
stakeholders and peers 
with the object of gaining 
co-operation and meeting 
timelines for delivery of 
project, service or advice. 

 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. 

 Develop and implement 
work plans that provide 
strategic directions for the 
work area. 

 Advocates policy options. 
 Manages and leads 

projects within the business 
unit with some impact more 
broadly. 

 Manages a discrete 
function with increased 
budget, staff 
responsibilities or sensitive 
or complex issues. 

 Determines service delivery 
resource allocation. 

 Provides specialist 
professional services or 
advice. 

 Prepares technical reports 
at an advanced 
professional level. 

 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 issues involving 
established precedents 
before a range of review 
forums, tribunals and 
courts. 
 

 Provide expert advice on 
policy, complex problem 
solving and issues 
management  

 Provides high level of 
expertise dealing with more 
complex issues in a 
specialised function. 

 Ensure in-depth knowledge 
of and compliance with 
legislative, financial and 
administrative frameworks, 
government decision 
making processes and 
agency guidelines and 
regulations. 

 Plan and monitor work 
processes, direct and 
coordinate quality 
assurance practices and 
set performance indicators. 

 Undertakes complex 
independent technical or 
specialist work and 
analysis. 

 Provide leadership across 
a broad range of activities 
potentially relating to the 
work of different program 
areas or business units. 

 Work with a level of 
independence, under broad 
direction, to resolve issues 
and deliver quality 
outcomes. 

 Undertakes work activities 
with an awareness of the 
possible impact on 
strategic, political or 
operational outcomes for 
the business unit/program. 

 Attain and maintain an 
extensive understanding of 
the role and responsibilities 
of the organisation, 
including and 
understanding of the 
business’ operating 
environment more broadly. 

 Ensure that employees 
maintain a high level of 
specialist, professional 
and/or technical expertise. 

 Interprets and applies 
business plans and policies 
in own area of 
responsibility and provides 
advice to others on 
implementation issues. 

 Provides leadership and 
guidance to other 
specialists in the field. 

 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. 

 Decisions may set 
precedents for peers. 

 Innovative thinking and 
analysis influences 
developments within area 
of responsibility. 

 Initiates research and 
analysis within an area of 
expertise consistent with 
organisational objectives. 








93 
 

Band Nine 
Communication Service Delivery 

Knowledge  

and Proficiency 
Accountability Judgement 

 Manages consultation 
processes including 
engagement with key 
stakeholders. 

 Negotiates with 
stakeholders, peers, 
industry bodies and other 
agencies with the objective 
of gaining co-operation, 
influencing views and 
meeting timelines for 
delivery of projects, service 
or advice. 

 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. 

 Represents own work area 
with external stakeholders, 
and effectively manages 
feedback. 

 Confidently represents the 
organisation with external 
peers and negotiate within 
parameters agreed with 
immediate manager. 

 Focuses on understanding 
stakeholder issues and 
influencing their views. 

 Represent and explain the 
views of the organisation at 
meetings and other forums. 

 Manages and leads complex 
projects. 

 Develops business plans to 
deliver on evolving 
organisational priorities. 

 Responsible for 
implementation of endorsed 
strategic policy within the 
functional area. 

 Manages an area with 
significant budget, staff 
responsibilities or strategic 
importance. 

 Manages a team performing 
diverse tasks or a larger team 
where skill sets are similar and 
tasks are related. 

 Develops service delivery 
models within business plans 
and objectives. 

 Prepares technical reports at 
an authoritative level. 

 Provide a significant 
contribution to innovation and 
business improvement 
strategies. 

 Manage stakeholders through 
change, resolving conflict and 
managing sensitivities 

 Coordinate and undertake 
detailed or sensitive projects 
that impact on the operational 
outcomes of the organisation. 

 Advocates more complex 
cases to represent the 
organisation or clients before 
a range of review forums, 
tribunals and courts. 

 Develops policy 
frameworks within area of 
expertise or responsibility 
based on defined 
organisational priorities. 

 Provides authoritative 
expert advice on complex 
issues within own work 
area. 

 Contributes to strategic 
corporate initiatives and is 
responsible for 
implementation. 

 Subject matter expert that 
conceptualises, initiates, 
implements, promotes and 
evaluates complex and 
innovative technical 
programs. 

 Routinely advises senior 
levels of the organisation 
on policy issues and 
solutions within a functional 
area. 

 Build capability in a team 
environment through 
coaching others, providing 
performance feedback, 
conflict resolution and 
encouraging career 
development. 

 Provides leadership in the 
application of concepts to 
policy development. 

 Take responsibility for the 
achievements of own and 
team outcomes. 

 Recommends strategic 
directions for area of 
responsibility and consider 
wider agency implications 
when making decisions. 

 Consider and effectively 
manage competing 
priorities and strategic 
directions to achieve team 
planning and project 
outcomes in line with 
organisational goals and 
objectives. 

 Accountable for the 
allocation and prioritisation 
of resources within work 
area. 
 

 Solutions and thinking may 
advance organisational 
innovation or 
occupational/professional 
knowledge. 

 Creatively develops options 
in a changing organisational 
environment. 

 Communicate and make 
decisions with a high level 
of impact on the functional 
area.  

 Decisions may impact more 
broadly on organisational 
operations and externally. 

 Exercise autonomy and 
initiative in team 
management and allocation 
of resources which may 
include managing finances 
to meet objectives. 

 Conduct risk assessment 
and risk management 
activities for area of 
responsibility. 








94 
 

Band Ten 

Communication Service Delivery 
Knowledge  

and Proficiency Accountability Judgement 

 Initiates, establishes and 
maintains key strategic 
relationships with a broad 
range of stakeholders, 
promoting the agency’s 
business objectives. 

 Initiates and manages 
negotiations with peers 
(internal and external to the 
business 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. 

 Engage and manage 
stakeholders through 
change, resolving conflict 
and managing sensitivities. 

 Explains highly complex 
concepts, ideas and issues 
to an executive audience. 

 Communicate the strategic 
direction and vision of the 
agency to stakeholders. 

 Responsible for operational 
policy or service 
development impacting on 
a major functional area. 

 Routinely advises senior 
stakeholders on policy 
issues and solutions within 
a functional area. 

 Manages a large scale 
organisational service or 
regional service delivery 
function in line with an 
established business plan. 

 Manage a team or work 
area with diverse skill sets 
and tasks or manage a 
larger team where skill sets 
and tasks are related. 

 Ensure that employees 
maintain a high level of 
specialist, professional 
and/or technical expertise. 

 Develops briefs on highly 
complex issues that 
provide options for 
decisions within an 
organisation. 

 Undertakes work with a high 
complexity or sensitivity and 
operates under broad direction. 

 Provides highly specialist 
services or expert advice on 
service delivery. 

 Provides a strategic level of 
specialist, professional and/or 
technical expertise, which may 
relate to the work of different 
program or discipline areas. 

 Uses knowledge of structures, 
processes and culture of 
government, the sector and the 
organisation to develop policies 
and new program or project 
initiatives. 

 Applies complex concepts drawn 
from non-related fields to 
address policy issues. 

 High level of expertise in the 
field or discipline. 

 Requires extensive knowledge 
of and compliance with 
legislative frameworks, 
government decision making 
and organisational guidelines 
and regulations. 

 Apply and maintain an extensive 
understanding of the role and 
responsibilities of the 
organisation, incorporating a 
comprehensive understanding of 
the organisation’s impact on the 
wider community context in 
which it operates. 

 Exercises a significant 
degree of independence 
and perform an important 
leadership role. 

 Accountable for 
achievement of established 
organisational objectives 
including the formulation 
and implementation of 
business plans. 

 Works with a high level of 
autonomy under broad 
direction with a concurrent 
need to resolve issues and 
deliver quality outcomes. 

 Develops technical and/or 
specialist standards for the 
organisation. 

 Accountable for 
developing, coaching and 
mentoring employees, 
performance management, 
conflict resolution and 
identification of training 
needs. 

 Works within the context of 
strategic, political and/or 
operational impact for the 
organisation. 
 

 Participates in strategic 
planning and contributes to 
strategic decision making 
processes. 

 Identifies and responds to 
new and emerging 
strategic issues impacting 
on the operating 
environment. 

 Identify, manage and 
evaluate risk in decision 
making and delivery of 
outcomes within area of 
discipline. 

 Communicate and make 
decisions that may have 
significant impact on the 
day-to-day operation of the 
work area and other parts 
of the agency.  

 Communicate and make 
decisions using 
professional judgement, 
evaluating ambiguous and 
incomplete information, 
factoring in risks and being 
sensitive to the context. 








95 
 

Band Eleven 

  

Communication Service Delivery 
Knowledge  

and Proficiency Accountability Judgement 

 Interacts with 
executives/professional 
staff within the organisation 
and with other experts in 
the field/profession. 

 Anticipate and respond to 
stakeholder needs and 
expectations.  

 Purpose of communication 
may be to resolve complex 
issues through a process of 
consultation and 
negotiation. 

 Briefs high level 
stakeholders in own area of 
expertise in a variety of 
forums. 

 Engage and manage 
stakeholders through 
change, resolving conflict 
and managing sensitivities. 

 

 Provides expert information 
and advice in area of 
speciality. 

 Develops policies, 
programs and initiatives 
that impact on programs or 
major functional areas. 

 Responsible for operational 
policy or service 
development within a 
functional area. 

 Manages a function with a 
significant operating 
budget, staff 
responsibilities or strategic 
importance. 

 Coordinate and assume 
responsibility for complex 
or sensitive projects or 
work programs that have 
strategic, sector and/or 
operational significance. 

 Develops strategic plans 
and contributes to strategic 
decision making process. 

 

 Requires significant 
experience in the area of 
expertise/speciality. 

 Subject matter expert that 
conceptualises, initiates, 
implements, promotes and 
evaluates complex and 
innovative technical 
programs. 

 Proficiency and expertise 
has a significant impact on 
the capability to deliver the 
policy agenda, program or 
project initiatives. 

 Provide direction to a work 
area, including developing 
business plans, strategies, 
and priorities. May have 
responsibility to monitor 
work flow and performance. 

 Uses knowledge of 
organisational structures, 
processes and culture of 
government to develop 
policies and new program 
or project initiatives. 
 

 Typically operates in an 
environment with a high 
degree of sensitivity or risk. 

 Responsible for 
implementation of 
endorsed strategic policy 
within a functional area. 

 Responsible for meeting 
service objectives, 
including financial, quality 
and time related targets for 
significant programs or 
projects. 

 Routinely advises senior 
stakeholders on policy 
issues and solutions within 
a functional area. 

 Establish priorities, 
monitors progress and 
work to deliver required 
organisational outcomes, 
specific functions or a 
program within an area of 
responsibility. 

 

 Decisions use limited 
frameworks, precedents 
and guidelines beyond 
broad organisational policy, 
legislation and professional 
discipline standards. 

 Operates under broad 
direction exercising a 
considerable degree of 
independence. 

 Generate innovative ideas 
approaches and strategies. 
Implement change and 
business improvement 
strategies in the workplace.  

 Make decisions within 
legislative and policy 
frameworks that have a 
high level of impact on the 
organisation and have the 
potential to affect 
operations in work areas 
beyond the area of 
responsibility. 

 Undertake complex 
analysis and interpretation 
and apply significant 
judgement in choosing a 
course of action to manage 
highly complex and/or 
sensitive situations. 
 

 








96 
 

Band Twelve 
Communication Service Delivery 

Knowledge  
and Proficiency Accountability Judgement 

 Develops and manages 
strategic relationships 
within the organisation and 
with other experts in the 
field/profession.  

 Uses informal and formal 
channels to influence 
organisation or program 
management to achieve 
goals. 

 Influences stakeholders 
holding competing priorities 
and views. 

 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.  

 Develop relationships with 
a broad range of 
stakeholders that promote 
the agency’s business 
objectives, communicating 
the strategic direction and 
vision of the agency.  
 

 Provides leadership and 
guidance based on 
advanced technical or 
specialist knowledge in area 
of expertise. 

 Develops policies, programs 
and initiatives that impact on 
programs external to the 
organisation or significant 
functional areas within the 
organisation. 

 Responsible for operational 
policy or service 
development or delivery 
impacting on a major 
functional area or of 
significant strategic 
importance. 

 Manages major projects for 
the organisation with 
significant budgets and 
strategically important 
outcomes. 

 Manages a range of strategic 
corporate functions, each 
with significant budget, staff 
responsibilities or strategic 
importance. 

 Coordinate and assume 
responsibility for complex or 
sensitive projects or work 
programs that have major 
strategic, sector and/or 
operational significance. 
 

 Authoritative 
specialist/expert in the field. 

 High level expertise in a 
field or discipline that is 
critical to the program or 
organisation. 

 Area of expertise and 
responsibility is focused on 
complicated issues and a 
high scale of difficulty. 

 Designs and develops 
complex or specialised 
service delivery models. 

 Proficiency and specialist 
expertise has a significant 
impact on the capability to 
deliver the policy agenda, 
program or project 
initiatives. 

 Leads strategic direction of 
a work area, including 
developing business plans, 
strategies, and priorities.  

 Has responsibility to ensure 
delivery of business unit 
and strategic outcomes. 

 Manage corporate functions 
such as budgets, managing 
contracts, procurement and 
human resources within a 
business area.  

 Typically operates in an 
environment with a high 
degree of sensitivity or risk. 

 Responsible for 
implementation of 
endorsed strategic policy 
across functional areas that 
has significant impact 
within and outside of the 
organisation. 

 Provides leadership and 
guidance based on 
advanced expertise. 

 Responsible for meeting 
service objectives, 
including financial, quality 
and time related targets for 
significant programs or 
major projects. 

 Provide strategic advice, 
problem solving and issues 
management for 
stakeholders in relation to 
complex and potentially 
controversial matters. 

 Set strategic direction, 
develop long term plans 
and implement operational 
strategies aimed at 
achieving specific 
organisational objectives 
within a discipline or area 
of responsibility. 
 

 Required to interpret 
general policy framework 
to make decisions in the 
absence of definitive 
operational policies. 

 Contributes advanced 
expertise and knowledge to 
strategic planning and 
decision making 
processes. 

 Operates under broad 
direction exercising a 
substantial degree of 
independence.  

 Identify and lead innovative 
solutions and communicate 
the implications of 
decisions and actions on 
the organisation’s business 
objectives and 
stakeholders. 

 Make decisions within 
legislative and policy 
frameworks that impact 
significantly on the 
organisation and may 
affect operations in work 
areas beyond the area of 
responsibility. 

 Has significant decision 
making autonomy in 
relation to management of 
the area including the 
identification of staffing 
priorities and financial 
management. 








97 
 

TECHNICAL SPECIALIST WORK LEVEL DESCRIPTORS 

The Technical Specialist category covers only those positions that require the highest level of specialist professional expertise within the organisation. 

Technical Specialist – Level 1 
Level 1: The position is commonly recognised as a profession outside of the organisation.  Positions in this stream will have a relevant specialist 

qualification and recognised expertise in a field or area.  

The position requires a highly technical specialised skill set in a specific field which is not readily transferable to other positions.  

 

 

  

Communication Service Delivery 
Knowledge  

and Proficiency Accountability Judgement 

 Develops and utilises broad 
communication networks to 
ensure appropriate 
development and 
application of 
organisational initiatives in 
accordance with the 
agencies strategic 
priorities. 

 Close interaction with other 
professionals in the 
industry. 

 Direct and impactful contact 
with senior political, 
commercial, community or 
industry stakeholders. 

 Negotiates and delivers 
major projects for the 
organisation. 

 Leads major organisational 
projects, managing the 
delivery including complex 
internal and external 
stakeholder management. 

 Leads the organisation’s 
setting of policy and 
regulatory frameworks 
which impacts the 
organisation and industry 
as a whole. 

 Recognised as practising a 
profession at an expert 
level. 

 Provide high level 
leadership to the 
organisation in their field of 
expertise. 

 Leads the direction of the 
organisation in the field of 
expertise. 

 Combines significant 
achievement with a 
substantial body of 
demonstrated effectiveness 
and specialist professional 
experience.    

 Provides leadership, 
guidance and inspiration 
within the profession or 
discipline. 

 Operates in an 
environment with a high 
degree of sensitivity and 
risk associated with the 
particular industry sector, 
field or professional 
endeavour. 
 

 Generates strategic 
directions and programs for 
the organisation which may 
impact on the community 
or industry.  

 Develops strategic 
frameworks relating to the 
profession for the 
organisation. 

 Operates with loosely 
defined hierarchies of 
decision making. 

 








98 
 

Technical Specialist – Level 2 
Level 2:  This range is characterised by work consistent with that expressed in Level 1 with broader scope, complexity, initiative and impact.  Positions at 

this level require essential competencies and experience acknowledged as specialist industry recognised experience. 

There is a requirement of a tertiary qualification to the required specialist discipline or a qualification which is appropriate to the duties required 

 

 

Communication Service Delivery 
Knowledge and 

Proficiency 
Accountability Judgement 

 Communicates at highest 
Executive levels and with 
other Government 
Agencies including 
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. 
 

 Initiates and negotiates 
joint research programs 
with universities and other 
agencies. 

 Writes, publishes and 
presents research, 
arguments and cases to 
peers, stakeholders and 
senior management. 
 

 Highest level of expertise in 
the agency within the 
specific field. 

 Level of expertise and 
specialisation is rare within 
the organisation and, as a 
general rule, the industry.  

 Enhances the standing of 
the organisation and its 
reputation.  
 

 Outcomes directly affect 
external perceptions of the 
organisation by 
Government and the 
community. 

 Identifies and responds to 
new and emerging issues 
in the field and their longer 
term implications for the 
organisation, community 
and industry.  

 

 Limited frameworks, 
precedents and guidelines 
beyond broad policy and 
professional discipline 
standards. 

 Influences the national and 
potentially international 
debate in the profession/ 
field of expertise.  

 








99 
 

APPENDIX C. GENERAL PAY STRUCTURE TRANSITIONAL ARRANGEMENTS FOR EXISTING 
BAND 11 EMPLOYEES AND FORMER EXECUTIVES   

 Application 

 This Appendix only applies to existing Former Executives and Existing Band 11 

Employees employed immediately prior to the commencement of this Agreement. 

 To avoid doubt, no employee covered by this Appendix will have their Base Salary 

reduced as result of this Agreement. 

 For the purposes of this Appendix, ‘Base Salary’ means: 

 an Existing Band 11 Employee’s base salary amount as specified in their contract of 

employment; or 

 a Former Executive’s annual remuneration package amount exclusive of 

superannuation as specified in their contract of employment. 

 Salary Increase on Commencement of this Agreement 

 Former Executives and Existing Band 11 Employees will receive a salary increase to 

their Base Salary in accordance with clause 37.2 of the Agreement on commencement 

of this Agreement. 

 These salary increases will not apply once the employee’s position is classified per 

clause 3 of this Appendix. 

 Classification 

 WorkSafe Victoria will undertake to classify the positions of Former Executives and 

Existing Band 11 Employees and will determine an approved Classification Band under 

the General Pay Structure within 6 months of commencement of this Agreement. 

 For the avoidance of doubt, positions of Existing Band 11 Employees will be classified 

and appointed as either a Band 11 or Band 12 position. 

 When making a determination in relation to a classification of an employee’s position 

under this Appendix, other than for duties temporarily assigned to an employee, 

WorkSafe Victoria will have regard to the following factors (as relevant): 

 the General Pay Work Level Descriptors in Appendix B; 

 the organisational context and internal relativities; 

 the nature of the accountabilities and responsibilities assigned to the position; and 

 the range of duties assigned to the position. 

1. 

1.1 

1.2 

1.3 

2.1 

2.2 

3.1 

3.2 

3.3 

(a) 

(b) 

2. 

3. 

(a) 

(b) 

(c) 

(d) 








100 
 

 Where an employee’s Base Salary is aligned to the salary range of the position’s 

appointed Classification Band, the employee will be appointed to a Pay Point of the 

position’s Classification Band that is closest to the employee’s current Base Salary 

without the employee’s Base Salary decreasing.  The appointment to the Pay Point will 

be considered effective from the date of operation of this Agreement. 

 Where an employee’s position is classified and appointed to a higher Classification 

Band than where their Base Salary is aligned, the employee will be appointed to the 

lowest Pay Point of the applicable Classification Band and the appointment will be 

considered effective from the date of operation of this Agreement. 

 Where an employee’s Base Salary exceeds the salary range for their position’s 

appointed Classification Band, the employee’s Base Salary will be maintained until 

such time as a Pay Point of the appointed Classification Band meets or exceeds their 

Base Salary.  At that time, the employee will be paid at that Pay Point.   

 To avoid doubt, where an employee’s Base Salary is maintained in accordance with 

clause 3.6 of this Appendix, they will not be eligible to be considered for progression in 

accordance with clause 42.3 of the Agreement. 

 An employee whose Base Salary is maintained in accordance with clause 3.6 of this 

Appendix will receive the remainder of the salary increases in clause 37.2 of the 

Agreement to their Base Salary. 

 Following the classification of an employee’s position, an employee has a right to use 

the Grievances – Review of Actions clause to seek a review of a classification 

determination. 

 

  

3.4 

3.5 

3.6 

3.7 

3.8 

3.9 








101 
 

APPENDIX D. TRANSLATION OF APPOINTED OFFICERS   

 All existing Appointed Officers will translate from the Appointed Officer Pay 
Structure in the Previous Agreement to the new Appointed Officer Pay Structure in 
Schedule 2 on commencement of this Agreement as set out in Table 1, subject to the 
following: 

 an existing employee who is paid at AO2.7 pursuant to the Previous Agreement will 

maintain their existing Salary under the Previous Agreement and will receive the 

salary increases in accordance with clause 37.2 of the Agreement. 

 an existing employee who is paid at AO2.7 will remain in the AO2 Classification 

Band on translation to the new Appointed Officer Pay Structure. 

 For the purposes of this Appendix, Pay Point refers to the level at which an employee 
is currently paid in their Classification Band, irrespective of any deductions, 
allowances or adjustments to salary actually paid. 

Table 1: Translation of Appointed Officers 

Previous 
Agreement Band 

Previous 
Agreement 
Pay Point 

Previous 
Agreement 
Salary 

Translation 
Salary 
16-Dec-20 

Translation Band 
and Pay Point  

AO5 7 $151,140 $153,407 
 

AO5.6 
 6 $148,906 $151,140 

 
AO5.5 

 5 $146,706 $148,907 
$148,907 

 

AO5.4 

 4 $142,260 $144,394 
 

AO5.3 

 3 $140,779 $142,891 
 

AO5.2 

 2 $138,787 $140,869 
 

AO5.1 
 1 $136,796 $140,869 

 
AO5.1 

AO4 7 $132,814 $134,806 
 

AO4.5 
 6 $130,933 $132,897 

 
AO4.4 

 5 $129,053 $130,989 
 

AO4.3 
 4 $127,172 $129,080 

 
AO4.2 

 3 $125,292 $127,171 
 

AO4.1 

 2 $123,564 $127,171 
 

AO4.1 
 1 $121,837 $127,171 

 
AO4.1 

AO3 7 $121,837 $123,665 
 

AO3.5 
 6 $120,109 $121,911 

 
AO3.4 

 5 $118,381 $120,157 
 

AO3.3 
 4 $116,654 $118,404 

 
AO3.2 

 3 $114,926 $116,650 
 

AO3.1 
 2 $113,299 $116,650 

 
AO3.1 

 1 $111,672 $116,650 
 

AO3.1 

 

  

1. 

(a) 

(b) 

2. 








102 
 

 

AO2 7 $114,926 $116,650 
 

AO2.7 
 6 $113,299 $114,998 

 
AO2.7 

 5 $111,672 $113,347 
 

AO2.6 
 4 $110,045 $111,696 

 
AO2.5 

 3 $108,419 $110,045 
 

AO2.4 

 2 $106,885 $108,488 
 

AO2.3 
 1 $105,350 $106,930 

 
AO2.2 

AO1 7 $108,419 $110,045 
 

AO2.4 
 6 $106,885 $108,488 

 
AO2.3 

 5 $105,350 $106,930 
 

AO2.2 
 4 $103,816 $105,373 

 
AO2.1 

 3 $102,282 $103,816 
 

AO1.3 
 2 $101,038 $102,554 

 
AO1.2 

 1 $99,794 $101,291 
 

AO1.1 

 

  








103 
 

SCHEDULE 1. GENERAL PAY STRUCTURE 

 

  

Band 16-Dec-20 01-Sep-21 01-Jun-22 01-Mar-23 01-Dec-23 01-Sept-24 

Band 12       

12.6  $175,238   $177,428   $180,090   $182,341   $185,076   $186,927  
12.5  $172,793   $174,952   $177,577   $179,796   $182,493   $184,318  
12.4  $170,347   $172,477   $175,064  $177,252   $179,911   $181,710  
12.3  $167,902   $170,001   $172,551   $174,708   $177,329   $179,102  
12.2  $165,457   $167,525   $170,038  $172,164   $174,746   $176,494  
12.1  $163,012   $165,050   $167,525   $169,620   $172,164  $ 173,885  

Band 11       

11.6  $160,138   $162,139   $164,571   $166,629   $169,128   $170,819  

11.5  $157,843   $159,816   $162,213   $164,241   $166,704   $168,371  

11.4  $155,609   $157,554   $159,917   $161,916   $164,345   $165,988  

11.3  $153,375   $155,292   $157,621   $159,591   $161,985   $163,605  

11.2  $151,141   $153,030   $155,325   $157,267   $159,626   $161,222  

11.1  $148,907   $150,768   $153,029   $154,942   $157,266   $158,839  

Band 10       

10.6  $144,394   $146,199   $148,392   $150,247   $152,500   $154,025  

10.5  $142,891   $144,677   $ 146,847   $148,683   $150,913   $152,422  

10.4  $140,869   $142,630   $144,769   $146,579   $148,777   $150,265  

10.3  $138,848   $140,584   $142,692   $144,476   $146,643   $148,110  

10.2  $136,827  $138,537  $140,615  $142,373  $144,509  $145,954 

10.1  $134,806  $136,491  $138,539  $140,270  $142,374  $143,798 

Band 9       

9.6  $130,989   $132,626   $134,616   $136,298   $138,343   $139,726  

9.5  $129,080   $130,693   $132,653   $134,312   $136,326   $137,690  

9.4  $127,171   $128,761   $130,692   $132,326   $134,311   $135,654  

9.3  $125,417   $126,985   $128,890   $130,501   $132,459   $133,783  

9.2  $123,665   $125,210   $127,089   $128,677   $130,607   $131,913  

9.1  $121,911   $123,435   $125,286   $126,852   $128,755   $130,042  

Band 8       

8.6  $118,404  $119,884  $121,682  $123,203  $125,051  $126,302 

8.5  $116,650   $118,108   $119,880   $121,378   $123,199   $124,431  

8.4  $114,998  $116,436  $118,183  $119,660  $121,455  $122,669 

8.3  $113,347   $114,764   $116,485   $117,941   $119,711   $120,908  

8.2  $111,696   $113,092   $114,788   $116,223   $117,966   $119,146  

8.1  $110,045   $111,421   $113,092   $114,506   $116,223   $117,386  

Band 7       

7.6  $106,930   $108,267   $109,891   $111,265   $112,933   $114,063  

7.5  $105,373  $106,690  $108,291  $109,644  $111,289  $112,402 

7.4  $103,816   $105,114   $106,691   $108,024   $109,645   $110,741  

7.3  $102,554   $103,835  $105,393   $106,710   $108,311   $109,394  

7.2  $101,291   $102,557   $104,095   $105,397  $106,978   $108,047  

7.1  $100,028   $101,279   $102,798   $104,083   $105,644   $106,700  








104 
 

 

 

 

Band 16-Dec-20 01-Sep-21 01-Jun-22 01-Mar-23 01-Dec-23 01-Sept-24 

Band 6       

6.6  $97,502   $98,721   $100,201   $101,454   $102,976   $104,006  

6.5  $96,239   $97,442   $98,904   $100,140   $101,642   $102,659  

6.4  $94,878  $96,064  $97,505  $98,724 $100,205  $101,207 

6.3  $93,516  $94,685  $96,105  $97,307  $98,766  $99,754 

6.2  $92,154  $93,306  $94,705  $95,889  $97,328  $98,301 

6.1  $90,793  $91,928  $93,307  $94,473  $95,890  $96,849 

Band 5       
5.6  $88,223 $89,326  $90,665  $91,799  $93,176  $94,108 

5.5  $86,937 $88,023  $89,344  $90,461  $91,818  $92,736 

5.4  $85,652 $86,722  $88,023  $89,124  $90,460  $91,365 

5.3  $84,500 $85,556  $86,839  $87,925  $89,244  $90,136 

5.2  $83,348 $84,390  $85,655  $86,726  $88,027  $88,907 

5.1  $82,196 $83,223  $84,472  $85,527  $86,810  $87,678 

Band 4       
4.6  $79,891  $80,889  $82,103  $83,129  $84,376  $85,220 

4.5  $78,739  $79,723  $80,919  $81,930  $83,159  $83,991 

4.4  $77,625  $78,595  $79,774  $80,772  $81,983  $82,803 

4.3  $76,512  $77,468  $78,630  $79,613  $80,807  $81,615 

4.2  $75,398  $76,341  $77,486  $78,454  $79,631  $80,428 

4.1  $74,285  $75,213  $76,342  $77,296  $78,455  $79,240 

Band 3       
3.6  $72,182  $73,084  $74,180  $75,108  $76,234  $76,996 

3.5  $71,129  $72,018  $73,099  $74,012  $75,122  $75,874 

3.4  $70,078  $70,954  $72,018  $72,918  $74,012  $74,752 

3.3  $69,091  $69,955  $71,004  $71,892  $72,970  $73,700 

3.2  $68,104  $68,956  $69,990  $70,865  $71,928  $72,647 

3.1  $67,117  $67,956  $68,975  $69,837  $70,885  $71,594 

Band 2       
2.6  $65,144  $65,958  $66,947  $67,784  $68,801  $69,489 

2.5  $64,157  $64,959  $65,933  $66,758  $67,759  $68,437 

2.4  $63,250  $64,040  $65,001  $65,813  $66,801  $67,469 

2.3  $62,341  $63,121  $64,067  $64,868  $65,841  $66,500 

2.2  $61,434  $62,202  $63,135  $63,924  $64,883  $65,532 

2.1  $60,525  $61,282  $62,201  $62,979  $63,923  $64,563 

Band 1       
1.6  $58,813  $59,548  $60,442  $61,197  $62,115  $62,736 

1.5  $57,957  $58,681  $59,561  $60,306  $61,210  $61,822 

1.4  $57,100  $57,814  $58,681  $59,414  $60,306  $60,909 

1.3  $56,256  $56,960  $57,814  $58,537  $59,415  $60,009 

1.2  $55,424  $56,117  $56,959  $57,671  $58,536  $59,121 

1.1  $54,605  $55,288  $56,117  $56,818  $57,671  $58,247 








105 
 

SCHEDULE 2. APPOINTED OFFICER PAY STRUCTURE 

  

Band 16-Dec-20 01-Sep-21 01-Jun-22 01-Mar-23 01-Dec-23 01-Sept-24 

Band AO5       

AO5.6  $153,407  $155,325  $157,655  $159,625  $162,020  $163,640 

AO5.5  $151,140  $153,029  $155,324  $157,266  $159,625  $161,221 

AO5.4  $148,907  $150,768  $153,029  $154,942  $157,266  $158,839 

AO5.3  $144,394  $146,199  $148,392  $150,247  $152,500  $154,025 

AO5.2  $142,891  $144,677  $146,847  $148,683  $150,913  $152,422 

AO5.1  $140,869  $142,630  $144,769  $146,579  $148,777  $150,265 

Band AO4       
AO4.6  $138,848  $140,584  $142,692  $144,476  $146,643  $148,110 

AO4.5  $134,806  $136,491  $138,539  $140,270  $142,374  $143,798 

AO4.4  $132,897  $134,558  $136,577  $138,284  $140,358  $141,762 

AO4.3  $130,989  $132,626  $134,616  $136,298  $138,343  $139,726 

AO4.2  $129,080  $130,693  $132,653  $134,312  $136,326  $137,690 

AO4.1  $127,171  $128,761  $130,692  $132,326  $134,311  $135,654 

Band AO3       
AO3.6  $125,417  $126,985  $128,890  $130,501  $132,459  $133,783 

AO3.5  $123,665  $125,210  $127,089  $128,677  $130,607  $131,913 

AO3.4  $121,911  $123,435  $125,286  $126,852  $128,755  $130,042 

AO3.3  $120,157  $121,659  $123,484  $125,027  $126,903  $128,172 

AO3.2  $118,404  $119,884  $121,682  $123,203  $125,051  $126,302 

AO3.1  $116,650  $118,108  $119,880  $121,378  $123,199  $124,431 

Band AO2       
AO2.7  $114,998  $116,436  $118,183  $119,660  $121,455  $122,669 

AO2.6  $113,347  $114,764  $116,485  $117,941  $119,711  $120,908 

AO2.5  $111,696  $113,092  $114,788  $116,223  $117,966  $119,146 

AO2.4  $110,045  $111,421  $113,092  $114,506  $116,223  $117,386 

AO2.3  $108,488  $109,844  $111,492  $112,886  $114,579  $115,725 

AO2.2  $106,930  $108,267  $109,891  $111,265  $112,933  $114,063 

AO2.1  $105,373  $106,690  $108,291  $109,644  $111,289  $112,402 

Band AO1 Soft Barrier 

AO1.3  $103,816  $105,114  $106,691  $108,024  $109,645  $110,741 
AO1.2  $102,554  $103,835  $105,393  $106,710  $108,311  $109,394 

AO1.1  $101,291  $102,557  $104,095  $105,397  $106,978  $108,047 

Intern Soft Barrier 
I1.3  $97,502   $98,721   $100,202   $101,454   $102,976   $104,006  
I1.2  $96,239   $97,442   $98,904   $100,140   $101,642   $102,659  

I.1.1  $94,878   $96,064   $97,505   $98,724   $100,205   $101,207  

---------------- --------------- ---------------- ---------------- --------------- ---------------- ---------------

---------------- --------------- ---------------- ---------------- --------------- ---------------- ---------------
---------------- --------------- ~--------------- ~--------------- --------------- ~--------------- ---------------








106 
 

SCHEDULE 3. TECHNICAL SPECIALIST PAY STRUCTURE 

 

  

 16-Dec-20 01-Sep-21 01-Jun-22 01-Mar-23 01-Dec-23 01-Sept-24 

Technical 
Specialist 2 

      

Max  $232,937  $235,849  $239,387  $242,379  $246,015  $248,475 

Min  $207,057  $209,645  $212,790  $215,450  $218,681  $220,868 

Technical 
Specialist 1 

      

Max  $201,026  $203,539  $206,592  $209,174  $212,312  $214,435 

Min  $178,691  $180,924  $183,638  $185,934  $188,723  $190,610 








107 
 

SIGNATURE PAGE 

SIGNED for and on behalf of CPSU, The Community and Public Sector Union (Bargaining 

Representative): 

 

 

Signature 

Karen Batt 

Branch Secretary 

CPSU/SPSF Victoria Branch 

Level 4, 128 Exhibition Street, Melbourne 3000 

 

 

 

SIGNED for and on behalf of the Victorian WorkCover Authority 

 

 

Signature 

Colin Radford 

Chief Executive Officer 

Victorian WorkCover Authority 

1 Malop Street, Geelong 3220 

 

 

 

 

 


B




 

 1 



 
 
IN THE FAIR WORK COMMISSION 
 
FWC Matter No.: AG2021/8214 
 
Applicant: Victorian WorkCover Authority 
 
 
Section 185 – Application for approval of a single enterprise agreement 
 

Undertaking – Section 190 
 
I, Andrew Keen, Executive Director, People Culture and Corporate, have the authority given 
to me by the Victorian WorkCover Authority to give the following undertaking with respect to 
the Victorian WorkCover Authority Enterprise Agreement 2020-2024 (Agreement): 
 
1. Payment for part-time employment will not be for less than three consecutive hours in 

any day worked.   
 
This undertaking is provided on the basis of issues raised by the Fair Work Commission in 
the application before the Fair Work Commission.   
 
 
 
 
____________________________ 
Signature 
 
 
____________________________ 
Date 
18/11/2021

Cases cited by this decision: