1
Fair Work Act 2009
s.185—Enterprise agreement
State Trustees Limited
(AG2021/8386)
STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2021
State and Territory government administration
COMMISSIONER YILMAZ MELBOURNE, 8 DECEMBER 2021
Application for approval of the State Trustees Limited Enterprise Agreement 2021
[1] An application has been made for approval of an enterprise agreement known as the
State Trustees Limited Enterprise Agreement 2021 (the Agreement). The application was made
pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by State Trustees
Limited. The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached
in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any
employee covered by the Agreement and that the undertakings will not result in substantial
changes to the Agreement. The undertakings are taken to be a term of the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the
requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have
been met. The Agreement does not cover all of the employees of the employer, however, taking
into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was
fairly chosen.
[4] I observe that clause 48.5.1 of the Agreement is likely to be inconsistent with the
National Employment Standards (NES). However, noting clause 2.1.20 of the Agreement, I am
satisfied the more beneficial entitlements of the NES will prevail where there is an
inconsistency between the Agreement and the NES.
[5] The Community and Public Sector Union being a bargaining representative for the
Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In
accordance with s.201(2) I note that the Agreement covers the organisation.
[2021] FWCA 7015
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
[2021] FWCA 7015
2
[6] The Agreement is approved and in accordance with s.54, will operate from 15 December
2021. The nominal expiry date of the Agreement is 31 March 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE514188 PR736525
OF THE COMMISSION THE SEAT
[2021] FWCA 7015
3
Annexure A
-
state
trustees
State Trustees Limited
ABN 68 064 593 148
AFSL No. 238037
IN THE FAIR WORK COMMISSION
FWC Matter No.:
AG2O21/8386
Applicant:
State Trustees Limited
Undertaking- section 190
GPO BOX 1461
Melbourne, VIC 3001
T 1300 138 672
www.statetrustees.com.au
DX320425 Melbourne
I, Tim Boyd, Head of People and Culture for State Trustees Limited give the follow ing
undertakings with respect to the State Trustees Limited Enterprise Agreement 2021 ("the
Agreement"):
1. I have the authority given to me by State Trustees Limi ted to provide t his undertaking
in relation to the application before the Fa ir W ork Commission.
2. Trainees engaged under Clause 31, will be classified in State Trustees Level 1, and
receive the Agreement benefit s, breaks, notice and other entit lements.
3. In t he event that Stat e Trustees Limited applies the Supported W age Scheme prov ided
for in Clause 80, an emp loyee's pay rate wil l be derived from the Agreement. An
em ployee on a Support ed W age Scheme w ill receive t h e Agreement benefits and
ent it lements.
Employer name:
Authority to sign:
Signature:
Date: 02/ 12/ 2021
State Trust ees Limited
Head of Peop le and Cult ure
state State Trustees Limited GPO BOX 1461 T 1300 138 672 trustees ABN 68 064 593 148 Melbourne, VIC 3001 www.statetrustees.com.au AFSL No. 238037 DX320425 Melbourne IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/8386 Applicant: State Trustees Limited Undertaking- section 190 I, Tim Boyd, Head of People and Culture for State Trustees Limited give the following undertakings with respect to the State Trustees Limited Enterprise Agreement 2021 ("the Agreement"): 1. I have the authority given to me by State Trustees Limited to provide this undertaking in relation to the application before the Fair Work Commission. 2. Trainees engaged under Clause 31, will be classified in State Trustees Level 1, and receive the Agreement benefits, breaks, notice and other entitlements. 3. In the event that State Trustees Limited applies the Supported Wage Scheme provided for in Clause 80, an employee's pay rate will be derived from the Agreement. An employee on a Supported Wage Scheme will receive the Agreement benefits and entitlements. Employer name: State Trustees Limited Authority to sign: Head of People and Culture Signature: Tim Boyd Date: 02/12/2021
STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2021
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STATE TRUSTEES LIMITED
ENTERPRISE AGREEMENT 2021
state
trustees
state trustees
welsh
Undertakings stamp
STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2021
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PART 1: APPLICATION AND OPERATION OF AGREEMENT ............................................................... 4
1 AGREEMENT TITLE 4
2 DEFINITIONS 4
3 COMMENCEMENT DATE AND PERIOD OF OPERATION 6
4 APPLICATION OF AGREEMENT AND PARTIES COVERED 6
5 NO FURTHER CLAIMS 7
6 RENEGOTIATION PERIOD 7
7 SAVINGS, RELATIONSHIP WITH AWARDS AND AGREEMENTS 7
8 ANTI-DISCRIMINATION 8
9 INDIVIDUAL FLEXIBILITY ARRANGEMENTS 9
PART 2: CONSULTATION AND DISPUTE RESOLUTION .................................................................... 10
10 IMPLEMENTATION OF CHANGE 10
11 CONSULTATION ON CHANGES TO ROSTERS OR HOURS OF WORK 11
12 CONSULTATIVE COMMITTEE 12
13 DISABILITY ACTION WORKING GROUP 13
14 DISPUTE RESOLUTION 14
15 WORKLOAD 17
PART 3: EMPLOYMENT RELATIONSHIP .......................................................................................... 19
16 EMPLOYMENT CATEGORIES AND ENTITLEMENTS 19
17 SECURE EMPLOYMENT 23
18 TERMINATION OF EMPLOYMENT 23
19 COSTS OF EMPLOYMENT RELATED LEGAL PROCEEDINGS 25
20 PROFESSIONAL INDEMNITY INSURANCE 25
21 HOME BASED WORK 25
22 REDEPLOYMENT AND RETRENCHMENT 26
23 INTELLECTUAL PROPERTY 27
24 MANAGING UNSATISFACTORY WORK PERFORMANCE 27
25 MANAGEMENT OF MISCONDUCT 30
PART 4: SALARY AND RELATED MATTERS ...................................................................................... 35
26 SALARY CLASSIFICATIONS 35
27 GENDER EQUALITY 45
28 SALARY INCREASES 47
29 PERFORMANCE DEVELOPMENT REVIEW AND PROGRESSION 47
30 PAYMENT OF SALARIES 49
31 TRAINEESHIPS 49
32 CADETSHIPS 49
33 SALARY PACKAGING 49
34 ALLOWANCES – WORK OR CONDITIONS 50
35 ALLOWANCES – REIMBURSEMENT OF EXPENSES 55
36 SUPERANNUATION 56
PART 5: HOURS OF WORK AND RELATED MATTERS ...................................................................... 58
37 HOURS OF WORK 58
38 ACCRUED TIME OFF 59
39 OVERTIME 60
40 MEAL BREAKS 63
41 CHILD AND DEPENDANT CARE 64
42 CALL MONITORING AND CALL RECORDING 64
PART 6: LEAVE AND PUBLIC HOLIDAYS .......................................................................................... 65
43 STANDARD DAY FOR APPROVED LEAVE PURPOSES 65
44 ANNUAL LEAVE 65
STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2021
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45 ANNUAL LEAVE IN ADVANCE 65
46 CASHING OUT OF ANNUAL LEAVE 66
47 PURCHASED LEAVE 66
48 PUBLIC HOLIDAYS 67
49 PERSONAL/CARER’S LEAVE 69
50 EXCEPTIONAL PERSONAL/CARER’S LEAVE 71
51 BEREAVEMENT/COMPASSIONATE LEAVE 71
52 PARENTAL LEAVE 71
53 SURROGACY LEAVE 80
54 FOSTER AND KINSHIP CARE LEAVE 82
55 GENDER TRANSITION LEAVE 82
56 LONG SERVICE LEAVE 84
57 EXTENDED LEAVE SCHEME 86
58 DEFENCE RESERVE LEAVE 86
59 JURY SERVICE 86
60 LEAVE FOR BLOOD DONATIONS 87
61 LEAVE TO ENGAGE IN EMERGENCY RELIEF ACTIVITIES 87
62 LEAVE TO ENGAGE IN VOLUNTARY COMMUNITY ACTIVITIES 87
63 STUDY LEAVE 88
64 MILITARY SERVICE SICK LEAVE 88
65 LEAVE WITHOUT PAY 89
66 ALCOHOL AND DRUG REHABILITATION PROGRAM leave 89
67 PARTICIPATION IN SPORTING EVENTS 90
68 FAMILY VIOLENCE LEAVE 90
69 CULTURAL AND CEREMONIAL LEAVE 91
70 OTHER LEAVE 92
PART 7: OCCUPATIONAL HEALTH AND SAFETY.............................................................................. 93
71 OCCUPATIONAL HEALTH AND SAFETY COMMITMENT 93
72 ACCIDENT COMPENSATION 93
73 OCCUPATIONAL HEALTH AND SAFETY AND REHABILITATION 93
74 OCCUPATIONAL HEALTH AND SAFETY TRAINING 94
PART 8: MISCELLANEOUS MATTERS .............................................................................................. 95
75 LEARNING AND CAREER DEVELOPMENT 95
76 BUSINESS CONTINUITY PLANNING 95
77 EXCESS TRAVELLING TIME 95
78 ELECTRONIC COMMUNICATIONS 96
79 PROTECTION, WORKPLACE RELATIONS TRAINING AND FACILITIES 97
80 SUPPORTED WAGE SYSTEM 98
81 FACILITIES AND EQUIPMENT 98
SIGNATORIES TO THIS AGREEMENT .............................................................................................. 99
STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2021
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PART 1: APPLICATION AND OPERATION OF AGREEMENT
1 AGREEMENT TITLE
1.1 This Agreement will be known as the State Trustees Limited Enterprise Agreement 2021.
2 DEFINITIONS
2.1 In this document, unless otherwise provided:
2.1.1 Accredited Assessor – a person accredited by the management unit established by the
Commonwealth under the supported wage system to perform assessments of an
individual’s productive capacity within the supported wage system.
2.1.2 Assessment Instrument – the form provided for under the supported wage system
that records the assessment of the productive capacity of the person to be employed
under the supported wage system.
2.1.3 Assistance Animal means an animal formally trained to assist a person with a disability
to alleviate the effect of their disability. This includes:
a guide dog for people with vision impairment, or
hearing dogs for people with hearing impairment, or
assistance dogs for people with a physical disability, or
medical alert animals that help people before and during a medical
emergency, or
psychiatric service animals that help people with a mental illness, or
any other animal agreed by State Trustees or to which an Assistance Animal
Pass granted by the Department of Transport applies.
Assistance Animal does not include a pet, companion, or therapy animal (other than a
therapy animal that fits the definitions included in a) to f) above).
2.1.4 Award – the State Government Agencies Award 2020.
2.1.5 Base Salary – total pre-tax salary or equivalent.
2.1.6 Business Continuity Planning – a structured, systematic and documented process that
attempts to manage all significant business risks proactively by implementing
appropriate preventative controls, other risk treatments and effective controls should
a risk event occur.
2.1.7 Child – stepchildren, children and children in Permanent Care, Guardianship, Interim
Accommodation, or similar Orders, and Kith and Kin Placements for leave provisions
within this Agreement with the exception of parental leave. The definition of child for
the purpose of parental leave eligibility is described in clause 52.
2.1.8 Continuous Service – work for State Trustees on a regular and systematic basis
(including any period of authorised leave).
2.1.9 CPSU – the Community and Public Sector Union – SPSF Group Victorian Branch.
2.1.10 Disability Support Pension – the Commonwealth pension scheme to provide income
security for persons with a disability as provided under the Social Security Act 1991
(Cth.), as amended from time to time, or any successor to that scheme.
a)
b)
c)
d)
e)
f)
STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2021
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2.1.11 Eligible Casual Employee – a long-term casual employee of State Trustees who has a
reasonable expectation of continuing employment with State Trustees on a regular
and systematic basis had it not been for the birth or adoption of a child.
2.1.12 Employee – an Employee of State Trustees Limited.
2.1.13 Employer – State Trustees Limited.
2.1.14 Full Rate of Pay – the rate of pay payable to an Employee, including all of the
following:
loadings;
monetary allowances;
overtime or penalty rates;
any other separately identifiable amounts.
2.1.15 FW Act – the Fair Work Act 2009 (Cth.), as may be amended from time to time or any
successor to that Act.
2.1.16 FWC – the Fair Work Commission or its successor bodies.
2.1.17 Gross Salary – total pre-tax and pre-salary sacrifice components.
2.1.18 Household Member – any person who lives with the Employee.
2.1.19 Immediate Family or Household – immediate family or household includes:
a Spouse (see clause 2.1.28),
child, adult child (including adopted child, stepchild, or an ex-nuptial child) or
grandchild of the Employee or Spouse,
parent or parent-in-law of the Employee or Spouse,
grandparent of the Employee or Spouse,
sibling of the Employee or Spouse,
a member of the Employee’s household, or
any other as agreed between State Trustees and the Employee.
The above includes step-relations (e.g. stepparents and stepchildren) as well as
adoptive relations.
2.1.20 NES –means the National Employment Standards as contained in sections 59 to 131 of
the FW Act. The NES and this Agreement contain the minimum conditions of
employment for Employees covered by this Agreement. Where this Agreement refers
to a condition of employment provided for in the NES, the NES definition applies. If the
NES as varied from time to time provide more beneficial terms, conditions or
entitlements to Employees, those superior provisions shall be incorporated into this
Agreement and shall prevail over the terms of the Agreement to the extent of any
inconsistency.
2.1.21 Nominated Representative – a union representative or other advocate as nominated
by the Employee. The nominated representative may speak on behalf of the Employee
in situations where the Employee has chosen this type of representation.
2.1.22 Primary Caregiver – means the person who takes primary responsibility for the care of
a newborn, newly adopted Child, or a Child newly under permanent care. 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 carer on a particular day.
2.1.23 Reduced Salary – gross salary less salary-sacrificed components.
a)
b)
c)
d)
a)
b)
c)
d)
e)
f)
g)
https://www.fwc.gov.au/documents/awardmod/download/nes.pdf
http://www.legislation.gov.au/Series/C2009A00028
https://www.fwc.gov.au/documents/awardmod/download/nes.pdf
https://www.fwc.gov.au/documents/awardmod/download/nes.pdf
STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2021
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2.1.24 Registered Practitioner – a person registered, or licensed, as a health practitioner
under a law of a State or Territory that provides for the registration or licensing of
health practitioners.
2.1.25 Relevant Employees – the Employees who may be affected by a change referred to in
clause 10.
2.1.26 Salary – the combination of gross salary and compulsory superannuation contributions
equating to the Total Employment Cost.
2.1.27 Secondary Caregiver – means a person who has parental/carer responsibility for the
Child but is not the Primary Caregiver.
2.1.28 Spouse – includes a de facto Spouse, former Spouse or former de facto Spouse. The
Employee’s de facto Spouse means a person who lives with the Employee as husband,
wife or same sex partner on a bona fide domestic basis, whether or not legally married
to the Employee.
2.1.29 State Trustees – State Trustees Limited.
2.1.30 Support Person – another person who accompanies the Employee (e.g., a work
colleague, Employee delegate or union representative) provided such person has no
formal role or part in proceedings.
2.1.31 Supported Wage System – is a process that allows employers to pay a productivity-
based wage for people with disability that matches an independently assessed
productivity rate. Most Australians with disability participate in the open workforce at
full rates of pay.
2.1.32 Union – the Community and Public Sector Union – SPSF Group Victorian Branch.
3 COMMENCEMENT DATE AND PERIOD OF OPERATION
3.1 This Agreement will commence seven (7) days after the date of approval by the FWC and will
have a nominal expiry date of 31 March 2025.
3.2 Alterations to conditions of employment provided for in this Agreement shall apply with effect
from the commencement of this Agreement.
4 APPLICATION OF AGREEMENT AND PARTIES COVERED
4.1 This Agreement is made under Part 2-4 of the FW Act between State Trustees Limited and the
Employees.
4.2 This Agreement applies to:
4.2.1 State Trustees in respect of all Employees, whose employment is, at any time when
this Agreement is in operation, subject to this Agreement. This Agreement does not
apply to Executive Officers employed pursuant to a Public Entity Executive
Remuneration Policy (PEERP) contract of employment.
4.2.2 The CPSU if the FWC notes in its decision to approve the Agreement that the
Agreement covers the CPSU.
STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2021
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5 NO FURTHER CLAIMS
5.1 This Agreement constitutes a final settlement of all the claims made by the Employees or State
Trustees or their bargaining representatives.
5.2 This Agreement is intended to set out, or set out processes for determining, all the terms and
conditions of employment of the Employees which will be subject to this Agreement for the
period from the date of its commencement until the nominal expiry date.
6 RENEGOTIATION PERIOD
6.1 With the aim of avoiding protracted negotiations for a new Enterprise Agreement, State
Trustees, the CPSU, and Employee representatives agree to a renegotiation period. The
renegotiation period shall begin 10 months prior to the nominal expiry date and proceed for 6
months. The aim of the renegotiation period is to permit a new Agreement to be reached prior
to the nominal expiry date.
6.2 To meet this objective, State Trustees, the CPSU and Employee representatives agree that:
6.2.1 Each will provide any proposals for change to the Agreement 10 months prior to the
nominal expiry date.
6.2.2 They will meet regularly to progress negotiations in good faith. The person/s
responsible for negotiating will bring with them the necessary authority to finalise an
Agreement.
6.2.3 Where Agreement is not reached three months prior to the nominal expiry date, the
Parties will discuss whether they should seek the assistance of a mutually agreed
conciliator or the FWC. This does not prevent the parties seeking assistance, by
agreement, on any individual issue which is creating an impasse.
6.2.4 Should conciliation be sought, then the parties to the conciliation may agree to an
extension to the negotiation period.
6.3 During this period State Trustees, the CPSU, and the Employee representatives will not act in a
manner that is designed to frustrate good faith bargaining.
7 SAVINGS, RELATIONSHIP WITH AWARDS AND AGREEMENTS
7.1 This Agreement operates to the exclusion of all Awards, Orders of the Commission, Pre-reform
Certified Agreements, and all previous Workplace Agreements. However, any entitlement in the
nature of an accrued entitlement to an individual’s benefit, which has accrued under any such
previous Certified Agreement or Australian Workplace Agreement, will not be affected by the
making of this Agreement.
7.2 No Employee will, on balance have their overall pay and conditions reduced as a result of
making this Agreement.
7.3 A dispute or grievance that is being considered pursuant to clause 12 of the State Trustees
Enterprise Agreement 2017 at the time this Agreement commences operation may continue to
be considered pursuant to clause 14 of this Agreement.
STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2021
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8 ANTI-DISCRIMINATION
8.1 It is the intention of the Parties to this Agreement to continue to achieve the principle objective
in section 336(c) of the FW Act which is respecting, valuing, and encouraging a diversified
workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex,
sexual preference, age, physical or mental disability, marital status, family or carer’s
responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
8.2 Accordingly, in fulfilling their obligations under the Dispute Resolution procedures, the Parties
will make every reasonable endeavour to ensure that neither the Agreement provisions nor
their operation are directly or indirectly discriminatory in their effects.
8.3 Nothing in this clause is to be taken to affect:
8.3.1 any different treatment (or treatment having different effects) which is specifically
exempted under the Commonwealth anti-discrimination legislation;
8.3.2 an Employee, State Trustees, CPSU or Registered Organisation pursuing matters of
discrimination in any State or Federal jurisdiction, including by application to the
Australian Human Rights Commission and Victorian Equal Opportunity and Human
Rights Commission;
8.3.3 the exemptions in sections 351(2) and 772(24) of the FW Act, or the operations of
sections of 772(3) and 772(4) of the FW Act.
8.4 State Trustees will act in accordance with its obligations under:
8.4.1 The Equal Opportunity Act 2010 (Vic); and
8.4.2 The Victorian Charter of Human Rights and Responsibilities.
8.5 The Equal Opportunity Act 2010 (Vic) includes an explicit duty to address discrimination
experienced by people with disabilities by making reasonable adjustments in the areas of
employment, education, and service provision. Making reasonable adjustments requires State
Trustees to balance the need for change with the expense or effort involved in making this
change. Reasonable adjustments to be made in a workplace may include and are not limited to:
8.5.1 the Employee’s circumstances, including the nature of their disability;
8.5.2 the nature of the role being offered;
8.5.3 the type of adjustment that is needed to accommodate the Employee’s needs;
8.5.4 the financial circumstances of State Trustees;
8.5.5 the size and nature of the workplace and the business;
8.5.6 the effect on the workplace and the business of making the adjustments, including the
financial impact, the number of people who would be advantaged or disadvantaged by
making them, and the impact on efficiency and productivity of Employees;
8.5.7 the consequences for State Trustees if the adjustments are made;
8.5.8 any relevant action plan that has been made under the Disability Discrimination Act
1992 (Cth.);
8.5.9 any relevant disability standards made under the Disability Discrimination Act.
Adjustments do not need to be made where the relevant activity complies with the
Disability Discrimination Act.
STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2021
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9 INDIVIDUAL FLEXIBILITY ARRANGEMENTS
9.1 An Employee and State Trustees may enter into an individual flexibility arrangement pursuant to
this clause in order to meet the genuine needs of both the Employee and State Trustees. An
individual flexibility arrangement must be genuinely agreed to by the Employee and State
Trustees.
9.2 An individual flexibility arrangement may vary the effect of one or more of the following terms
of this Agreement:
9.2.1 allowances;
9.2.2 overtime;
9.2.3 arrangements about when work is performed including meal breaks;
9.2.4 remuneration arrangements;
9.2.5 accrued time off.
9.3 An Employee may nominate a representative to assist in negotiations for an individual flexibility
arrangement.
9.4 State Trustees must ensure that the terms of the individual flexibility arrangement:
9.4.1 are about permitted matters under section 172 of the FW Act; and
9.4.2 are not unlawful terms under section 194 of the FW Act; and
9.4.3 result in the Employee being better off overall than the Employee would be if no
arrangement was made.
9.5 State Trustees must ensure that an individual flexibility arrangement is in writing and signed by
the Employee and State Trustees. If the Employee is under 18, the arrangement must also be
signed by a parent or guardian of the Employee.
9.6 State Trustees will provide the Employee with a copy of the individual flexibility arrangement
within 14 days of it being agreed to.
9.7 State Trustees must ensure that the individual flexibility arrangement states:
9.7.1 the terms of this enterprise agreement, which will be varied by the individual flexibility
arrangement, and how those terms will be varied; and
9.7.2 the date of commencement of the arrangement; and
9.7.3 the individual flexibility arrangement review period.
9.8 The individual flexibility arrangement can be terminated by either the Employee or State
Trustees giving no more than 28 days’ written notice as specified in the arrangement to the
other party; or at any time by written agreement between the Employee and State Trustees.
STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2021
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PART 2: CONSULTATION AND DISPUTE RESOLUTION
10 IMPLEMENTATION OF CHANGE
10.1 The relevant Employees may appoint a representative, which may include the CPSU
(Representatives), for the purposes of the procedures in this clause.
10.2 Where State Trustees has developed a proposal for major change likely to have a significant
effect on Employees, such as a restructure of the workplace, the introduction of new technology
or changes to existing work practices of Employees, State Trustees will advise:
10.2.1 the relevant Employees, CPSU, or their Representatives of the proposed change as
soon as practicable after the proposal has been made;
10.2.2 the relevant Employees and their Representatives of the likely effects on the
Employees’ working conditions and responsibilities;
10.2.3 of the rationale and intended benefits of any change, including improvements to
productivity, if applicable.
10.3 For the purpose of this clause, a major change is likely to have a significant effect on Employees
if it results in:
10.3.1 the termination of the employment of Employees;
10.3.2 major change to the composition, operation or size of State Trustees’ workforce or to
the skills required of Employees;
10.3.3 the elimination or diminution of job opportunities (including opportunities for
promotion or tenure);
10.3.4 the alteration of hours of work;
10.3.5 the need to retrain Employees;
10.3.6 the need to relocate Employees to another workplace;
10.3.7 the restructuring of jobs.
10.4 Relevant Employees means the Employees who may be affected by a change referred to in
clause 10.2.
10.5 State Trustees will:
10.5.1 regularly consult with relevant Employees and their Appointed Representatives; and
10.5.2 give prompt consideration to matters raised by the Employees and their Appointed
Representative; and
10.5.3 where appropriate provide training for the Employees to assist them to integrate
successfully into the new structure.
10.6 In accordance with this clause, the relevant Employees, CPSU, or their Appointed
Representatives may submit alternative proposals which will meet the indicated rationale and
benefits of the proposal.
10.6.1 Such alternative proposals must be submitted in a timely manner so as not to lead to
an unreasonable delay in the introduction of any contemplated change.
10.6.2 If such a proposal is made State Trustees will provide considered reasons to relevant
Employees and their Representative if State Trustees does not accept its proposals.
STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2021
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10.7 Indicative reasonable timeframes are as follows:
Process Number of Days to Perform Each Step
State Trustees advises Employees and CPSU
or nominated representative
Response from Employees, CPSU
or nominated representative
5 business days
following receipt of written advice
Meeting convened by either party (if requested) 5 business days
following request for meeting
Further State Trustees response (if relevant) 5 business days
following meeting
Alternative proposal from Employees, CPSU
or nominated representative
5 business days
State Trustees to make final decision 5 business days
10.8 Any dispute concerning the Parties’ obligations under this clause shall be dealt with in
accordance with clause 14 (Dispute Resolution).
11 CONSULTATION ON CHANGES TO ROSTERS OR HOURS OF WORK
11.1 This clause applies if State Trustees proposes to introduce a change to the regular roster or
Ordinary hours of work of Employees.
11.2 State Trustees must notify the relevant Employees of the proposed change.
11.3 The relevant Employees may appoint a representative for the purposes of the procedures in this
clause.
11.4 State Trustees must recognise the representative if:
11.4.1 a relevant Employee appoints, or relevant Employees appoint, a representative for the
purposes of consultation; and
11.4.2 the Employee or Employees advise State Trustees of the identity of the representative.
11.5 As soon as practicable after proposing to introduce the change, State Trustees must:
11.5.1 discuss with the relevant Employees the introduction of the change; and
11.5.2 for the purposes of the discussion, provide to the relevant Employees; all relevant
information about the change, including the nature of the change; and
11.5.3 information about what State Trustees reasonably believes will be the effects of the
change on the Employees; and
11.5.4 information about any other matters that State Trustees reasonably believes are likely
to affect the Employees; and
11.5.5 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).
11.6 However, State Trustees is not required to disclose confidential or commercially sensitive
information to the relevant Employees.
11.7 State Trustees must give prompt and genuine consideration to matters raised about the change
STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2021
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by the relevant Employees.
11.8 State Trustees must display a roster for Shift Workers in a convenient area fourteen days prior
to the effective date.
11.9 State Trustees may change the Shift Work roster without written notice, if State Trustees is of
the reasonable opinion that an emergency exists.
11.10 A Shift Worker may request State Trustees approve a change to rostered Shift Work times by
giving State Trustees 48 hours’ written notice of the proposed change.
12 CONSULTATIVE COMMITTEE
12.1 A Consultative Committee will be established for the purposes of ensuring that any
commitments made in relation to the Agreement are implemented in a timely fashion and
maintained according to the spirit in which they were made.
12.2 The Consultative Committee will consist of appropriate representatives from State Trustees
Management and People and Culture, as well as CPSU delegates and any other appropriate
representatives. The CPSU will have a standing invitation for an industrial officer nominated
by the CPSU Secretary to attend Consultative Committee meetings.
12.3 The Consultative Committee will meet and discuss issues such as, but not limited to:
12.3.1 any major change that will have a significant effect on all Employees;
12.3.2 work allocations and workload;
12.3.3 planned and unplanned leave usage; and
12.3.4 matters pertaining to the Employee/employer relationship.
12.4 In addition, State Trustees confirms the ability of Employees to raise matters of concern or
importance, regardless of their nature, with appropriate Employee representative which may
include CPSU workplace delegates at any time.
12.5 Matters relating to an individual Employee for reasons related to discipline, performance or
matters of a personal nature will not be within the terms of reference for the Consultative
Committee.
12.6 The Consultative Committee will meet quarterly, and a record of discussions will be made
available to all Employees.
12.7 The Consultative Committee is to be implemented immediately upon the commencement of the
Agreement.
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13 DISABILITY ACTION WORKING GROUP
13.1 State Trustees acknowledges that Employees with disabilities are an important part of the
workforce and bring strength to the organisation, including the value of their lived experience,
to support increased understanding of State Trustees’ clients and their circumstances. State
Trustees also understands that Employees without disabilities may have carer responsibilities of
a member of their Immediate Family or Household. State Trustees acknowledges that the
provision of a positive working environment for all Employees is a fundamental responsibility
and will actively work to provide a Disability positive workplace.
Disability Contact Officers
13.2 Disability Contact Officers will work to foster and support the development of a Disability
positive workplace, that is free from all forms of unlawful discrimination, harassment, bullying
and victimisation by providing information and support to Employees in State Trustees'
workplace.
13.3 There will be a maximum of six Disability Contact Officers.
13.4 Disability Contact Officers will receive training and support from State Trustees to support them
in fulfilling their role.
13.5 State Trustees will support Disability Contact Officers to participate in relevant public sector and
related special interest groups related to disability (such as the VPS Enablers network).
Disability Action Working Group
13.6 A State Trustees Disability Action Working Group will be established, to assist in the
implementation of Disability positive work at State Trustees.
13.7 The working group will include at least one Disability Contact Officers from each State Trustees
work location, State Trustees management representatives, a CPSU representative, and other
participants as required.
13.8 The Disability Action Working Group will actively support people with disabilities, and a
workplace environment that is conducive to full participation. The parties recognise that the
Disability Action Working Group does not detract from the primary responsibility of State
Trustees for the workplace and work environment.
Understanding of reasonable adjustment
13.9 State Trustees will ensure that training in reasonable adjustment and Disability Discrimination
legislation is provided to relevant Employees, including those in leadership roles. This will
include what measures may be practicable: including equipment, scheduling, breaks and other
coping mechanisms for all types of disabilities.
13.10 State Trustees will ensure that disability training and inclusion of disability issues is scheduled
for regular inclusion in leadership meetings at least quarterly.
13.11 State Trustees will facilitate forums for Employees around disability.
Best practice accessible work environments
13.12 State Trustees will seek, where reasonable, to design and fit workplace environments to
accommodate full participation of Employees and clients with disabilities. This will include
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assessment of evacuation and other procedures.
13.13 State Trustees will seek to achieve accreditation for disability friendly employment conditions
with relevant organisations.
13.14 State Trustees will provide a supportive disability positive environment and culture to support
recruitment of Employees with disabilities, support retention, and support Employees who wish
to disclose a newly diagnosed or pre-existing disability.
Supporting Employees with disabilities in the workplace
13.15 Engagement of an assessor for review of working arrangements and environment for
Employee’s with a disclosed disability will be offered on commencement, and for periodic
review if requested.
13.16 State Trustees acknowledges that Employee’s with disabilities may wish or need to have a
Disability Support Worker or other professionals onsite, or remotely, to support their best
participation, comfort and excellence at work and in the work environment.
13.17 State Trustees acknowledges that Employee’s with disabilities may have an Assistance Animal in
accordance with clause 2.1.3.
14 DISPUTE RESOLUTION
14.1 DISPUTE SETTLING PROCEDURES
14.1.1 Unless otherwise provided for in this Agreement, a dispute or grievance about a
matter arising under this Agreement, or a dispute or grievance in relation the NES,
other than termination of employment, must be dealt with in accordance with this
clause.
14.1.2 This clause does not apply to any dispute on a matter or matters arising in the course
of bargaining in relation to a proposed enterprise agreement.
14.1.3 State Trustees or an Employee covered by this Agreement may choose to be
represented at any stage by a representative, including a union representative or State
Trustees (Representative).
14.1.4 Where appropriate the resolution of disputes and grievances should be managed by
following the internal process outlined in clause 14.3. If either party cannot come to
resolution, the external process may be followed. However, State Trustees will
endeavour to encourage a local resolution.
14.2 OBLIGATIONS
14.2.1 The parties to the dispute or grievance, and their representatives, must genuinely
attempt to resolve the dispute or grievance through the processes set out in this
clause and must cooperate to ensure that these processes are carried out
expeditiously.
14.2.2 While a dispute or grievance is being dealt with in accordance with this clause, work
must continue in accordance with usual practice, provided that this does not apply to
an Employee who has a reasonable concern about an imminent risk to their health or
safety, has advised State Trustees of this concern and has not unreasonably failed to
comply with a direction by State Trustees to perform other available work that is safe
and appropriate for the Employee to perform.
14.2.3 No person covered by the Agreement will be prejudiced as to the final settlement of
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the dispute or grievance by the continuance of work in accordance with this clause.
14.3 INTERNAL PROCESS
14.3.1 If any party to the dispute or grievance who is covered by the Agreement refers the
dispute or grievance to an established internal dispute or grievance resolution process,
the matter must first be dealt with in accordance with that process, provided that the
process is conducted in a timely manner and is consistent with the following principles:
the rules of natural justice and procedural fairness;
provide for mediation or conciliation of the grievance;
provide that State Trustees will take into consideration any views on who
should conduct the review; and
that the review be conducted as quickly and with as little formality as a proper
consideration of the matter allows.
14.3.2 Informal process
The matter will first be raised between the Employee and their supervisor.
If the matter is not resolved within seven calendar days, the Employee or their
Representative will raise the matter with an appropriate Manager.
If the matter is still not resolved after another seven calendar days, the
Employee or their Representative will raise the matter with the appropriate
Executive General Manager.
If the matter is still not resolved after another seven calendar days, the matter
will be raised by the Employee or their Representative with a member of
People and Culture.
14.4 EXTERNAL PROCESS
14.4.1 An application to have a dispute or grievance dealt with by the FWC under this
Agreement must be in accordance with section 739 of the FW Act (‘Disputes dealt with
by the FWC’).
14.4.2 Before the FWC assists the parties with a workplace dispute or grievance, the parties
to the dispute or grievance themselves must ensure that it cannot be resolved at the
workplace level. The FWC is required by the FW Act to refuse an application to have it
dealt with by the FWC if the dispute or grievance is not one that can be referred to the
FWC under the terms of the dispute resolution clause, or if all of the steps that must
be taken under the clause before the dispute or grievance can be referred to the FWC
have not been completed.
14.5 DISPUTE RESOLUTION FACILITATION
14.5.1 For the purposes of compliance with this Agreement (including compliance with this
dispute or grievance settlement procedure) where the chosen Employee
representative is another Employee of State Trustees, they must be released by State
Trustees from normal duties for such periods of time as may be reasonably necessary
to enable them to represent Employees concerning matters pertaining to the
employment relationship including but not limited to:
investigating the circumstances of a dispute or grievance or an alleged breach
of this Agreement or the NES;
endeavouring to resolve a dispute or grievance arising out of the operation of
the Agreement or the NES; or
a)
b)
c)
d)
a)
b)
c)
d)
a)
b)
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participating in conciliation, arbitration or any other agreed alternative dispute
or grievance resolution process.
14.5.2 The release from normal duties referred to in this clause is subject to the proviso that
it does not unduly affect the operations of State Trustees.
14.6 DISCUSSION OF DISPUTE OR GRIEVANCE
14.6.1 The dispute or grievance must first be discussed by the aggrieved Employee(s) with the
immediate supervisor or other appropriate manager of the Employee(s).
14.6.2 If the matter is not settled, the Employee(s) can require that the matter be discussed
with another representative of State Trustees appointed for the purposes of this
procedure in accordance with clause 14 of this Agreement.
14.7 DISPUTES OF A COLLECTIVE CHARACTER
14.7.1 The parties covered by the Agreement acknowledge that disputes of a collective
character concerning more than one Employee may be dealt with more expeditiously
by an early reference to FWC.
14.7.2 No dispute of a collective character may be referred to FWC directly unless there has
been a genuine attempt to resolve the dispute at the workplace level prior to it being
referred to FWC.
14.8 CONCILIATION
14.8.1 Where a dispute or grievance is referred for conciliation, a member of FWC may do
everything that appears to the member to be right and proper to assist the parties to
the dispute to agree on terms for the settlement of the dispute or grievance.
14.8.2 This may include arranging:
conferences of the parties to the dispute or their representatives presided
over by the member; and
for the parties to the dispute or their representatives to confer among
themselves at conferences at which the member is not present.
14.8.3 Conciliation before FWC shall be regarded as completed when:
the parties to the dispute have reached agreement on the settlement of the
grievance or dispute; or
the member of FWC conducting the conciliation has, either of their own
motion or after an application by either party to the dispute, satisfied themself
that there is no likelihood that within a reasonable period further conciliation
will result in a settlement; or
the parties to the dispute have informed the FWC member that there is no
likelihood of agreement on the settlement of the grievance or dispute and the
member does not have substantial reason to refuse to regard the conciliation
proceedings as completed.
14.9 ARBITRATION
14.9.1 If the dispute or grievance has not been settled when conciliation has been completed,
either party to the dispute may request that FWC proceed to determine the dispute or
grievance by arbitration.
14.9.2 Where a member of FWC has exercised conciliation powers in relation to the dispute
or grievance, the member shall not exercise, or take part in the exercise of, arbitration
c)
a)
b)
a)
b)
c)
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powers in relation to the dispute or grievance if a party to the dispute objects to the
member doing so.
14.9.3 Subject to clause 14.9.4 below, the determination of FWC is binding upon the persons
covered by this Agreement.
14.9.4 An appeal lies to a Full Bench of FWC, with the leave of the Full Bench, against a
determination of a single member of FWC made pursuant to this clause.
14.10 CONDUCT OF MATTERS BEFORE FAIRWORK COMMISSION
14.10.1 Subject to any agreement between the parties in relation to a particular dispute or
grievance and the provisions of this clause, in dealing with a dispute or grievance
through conciliation or arbitration, FWC may conduct the matter in accordance with
Subdivision B of Division 3 of Part 5-1 of the FW Act.
15 WORKLOAD
15.1 State Trustees acknowledges the benefits to both State Trustees and the Employee gained
through Employees having a balance between both their professional and personal life.
15.2 State Trustees further recognises that the allocation of work must include consideration of the
Employee’s hours of work, wellbeing, welfare, and health and safety, as required by the
Occupational Health and Safety Act (2004) (OHS Act) or its successor. State Trustees will ensure
that Employees are afforded a safe system of work, and that Employees are consulted in line
with the requirements of the OHS Act regarding changes to workload or work allocation. Work
will be allocated so that there is not a requirement that routinely requires work to be
undertaken beyond an Employee’s ordinary hours of work.
15.3 State Trustees acknowledge that an Employee or group of Employees raising a workload issue
will not be seen as a complaint.
15.4 Where an allocation of work exceeds an Employee’s ordinary hours of work, State Trustees will
agree with the Employee that the additional work can be completed the next day, with
reasonable adjustments to that day’s workload if required.
Employee Workload Review Request
15.5 Where an Employee or group of Employees believe that there is an unreasonable allocation of
work leading to Employees being overloaded with work, the Employee or group of Employees
concerned are encouraged to raise their concerns with their direct line manager. If the matter is
not resolved, the Employee or group of Employees should raise their concerns with People and
Culture to seek a workload review.
15.6 An Employee or group of Employees may include a representative in the review. The request
must be made in writing and set out details of the workload of the Employee or group of
Employees and the reasons why the workload is considered unreasonable or unsafe.
15.7 On receipt of a request by an Employee or group of Employees under this clause, State Trustees
must give the Employee a written response within 20 business days.
15.8 The written response under must include details of the reasons if State Trustees conclude that
the Employee or group of Employees workload is reasonable and safe. The Employee or group
of Employee’s may use the provisions of clause 14, Dispute Resolution in relation to the matter.
15.9 Following the completion of the review, if it is found the Employee or group of Employees
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workload is unreasonable or unsafe, the Employee or group of Employees and State Trustees
shall agree on any necessary adjustments that are required to be implemented to ensure the
workload for the Employee or group of Employees is reasonable, and safe.
Workload Change
15.10 If State Trustees intend to significantly change the workload or work allocation of an Employee
or group of Employees, as per the requirements of the OHS Act, they will consult regarding the
change. A significant change includes examples such as (but is not limited to) State Trustees
increasing an Employee’s or group of Employees’ performance goals outside of the agreed
performance cycle or introducing new technology that impacts workload. An Employee or group
of Employees may include a representative in the consultation.
15.11 State Trustees will meet with the Employee or Employees and discuss the impact and give them
the opportunity to contribute their input. An Employee or group of Employees may include a
representative in the discussions.
Ongoing Communication
15.12 State Trustees are committed to ongoing communication, including regular team meetings for
all Employees. Workload and work allocation will be one of the focus areas of the Consultative
Committee. This recognises the importance of continuing to analyse and look at data or cues
that may indicate workload issues in the workplace, so these can be addressed proactively.
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PART 3: EMPLOYMENT RELATIONSHIP
16 EMPLOYMENT CATEGORIES AND ENTITLEMENTS
16.1 BASIS OF EMPLOYMENT
16.1.1 Employees may be employed on:
An ongoing basis (Full-time or Part-time);
A fixed appointment basis (Full-time or Part-time); or
A casual basis.
16.2 USUAL PLACE OF WORK
16.2.1 State Trustees must determine a usual place of work for the Employee.
16.2.2 Where State Trustees wishes to reassign work to the Employee that will require a
change to the work location, two weeks’ notice must be given or a lesser period if
agreed between State Trustees and the Employee.
16.2.3 If an Employee believes that a proposed relocation would create demonstrable
hardship, State Trustees must consider any alternative proposal suggested by the
Employee.
16.3 JOB INFORMATION
16.3.1 As soon as practicable at commencement of employment, the Employee will be
provided in writing or electronically with details of their job title, classification, salary
and position description for their role.
16.3.2 A fixed appointment Employee will be provided in writing or electronically the reason
for their fixed appointment employment consistent with clause 16.8.
16.3.3 The Employee will carry out the requirements described in the position description and
such other requirements as directed by their supervisor consistent with their skills and
salary classification.
16.3.4 State Trustees will provide the Employee with access to a copy of this Agreement and
communicate the relevant industry union; CPSU.
16.4 PROBATIONARY PERIOD – NEW EMPLOYEE (OTHER THAN CASUALS)
16.4.1 All new Employees will routinely be engaged on a probationary basis.
16.4.2 The period of probation shall be for a period of six months.
16.4.3 State Trustees will ensure that the induction process includes educating a new
Employee about employment policies. State Trustees will provide the Union with an
opportunity to explain their role in consultative and dispute resolution processes
provided for under this Agreement.
16.4.4 Within the first 3 months of employment, an Employee will be provided with support,
relevant training and feedback in relation to their conduct and performance.
16.4.5 If conduct or performance issues are identified during the probationary period, State
Trustees shall counsel the Employee during the probationary period in relation to their
conduct or performance and shall provide a written record of such counselling.
16.4.6 An Employee’s employment may be terminated by State Trustees during the
Employee’s probationary period by giving 2 weeks’ notice or 2 weeks’ pay in lieu of
a)
b)
c)
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notice, subject to the right to terminate an Employee’s employment without notice or
payment in lieu of notice if the Employee has committed any act of serious
misconduct.
16.4.7 A person initially employed on a Fixed Term or casual basis who is subsequently
employed, without a break in service, in an ongoing basis shall have the Fixed Term
employment taken into account in the determination of any probationary period.
16.5 PART-TIME EMPLOYMENT
16.5.1 Provisions relating to salary, leave and all other entitlements contained within this
Agreement apply to part-time Employees on a pro-rata basis.
16.5.2 Part-time employment shall not be for less than 3 consecutive hours in any day worked
except:
where the Employee works from home by agreement with State Trustees; or
in exceptional circumstances with the agreement of the Employee.
16.5.3 Part-time employment may be worked only by agreement between the Employee and
State Trustees, where that agreement includes:
the days in each fortnight the Employee will work;
the number of hours the Employee will work; and
agreed processes for the variation of hours of work.
16.6 CASUAL EMPLOYMENT
16.6.1 Casual employment will be for not less than 3 consecutive hours in any day worked
except:
where the Employee works from home by agreement with State Trustees; or
in exceptional circumstances.
16.6.2 State Trustees 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.
16.6.3 In accordance with the principle set out in clause 16.8.4, the employment of casuals in
all areas covered by this Agreement 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.
16.6.4 Except as expressly indicated and within this Agreement in general all other provisions
of this Agreement apply to casual Employees.
16.6.5 Leave entitlements for casuals are described throughout the Agreement.
16.6.6 Employees employed on a casual basis will receive a loading of 25% as compensation
in lieu of any entitlement to the following benefits:
Public holidays not worked;
Accident make-up pay;
Paid Personal leave; and
Annual leave.
a)
b)
a)
b)
c)
a)
b)
a)
b)
c)
d)
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16.7 RIGHT TO CASUAL CONVERSION
16.7.1 A person engaged by State Trustees as a casual employee, other than an irregular
casual employee, after a sequence of periods of employment during a period of 12
months will have the right to elect that their employment be converted to ongoing full-
time or part-time employment.
16.7.2 An irregular casual employee is one who has been engaged to perform work on an
occasional, non-systematic or irregular basis.
16.7.3 A casual employee who has worked an average of 38 or more regular and systematic
hours a week in the period of 12 months’ casual employment may elect to have their
employment converted to ongoing full-time employment.
16.7.4 A casual employee who has worked at the rate of an average of less than 38 regular
and systematic hours a week in the period of 12 months’ casual employment may elect
to have their employment converted to ongoing part-time employment consistent
with the pattern of hours worked during that period.
16.7.5 State Trustees will give the casual employee notice in writing within four weeks of the
casual employee having attained such period of 12 months under clause 16.7.1
16.7.6 Where a casual employee does not elect in writing, within four weeks of receiving
written notice to convert to ongoing full-time or part-time employment, State Trustees
will deem the casual employee to have elected against any such conversion.
16.7.7 Any casual employee who has a right to elect under clause 16.7.1, upon receiving
notice under clause 16.7.5 or after the expiry of the time for giving such notice, may
give four weeks’ notice in writing to State Trustees that they seek to elect to convert
their contract of employment to full-time or part-time employment, and within four
weeks of receiving such notice State Trustees will consent to or refuse the election but
must not unreasonably so refuse.
16.7.8 Reasonable grounds for refusal include that:
it would require a significant adjustment to the casual employee’s hours of
work in order for the Employee to be engaged as a full-time or part-time
Employee in accordance with the provisions of this Agreement;
it is known at the time of State Trustees responding to the request that the
casual employee’s position will cease to exist within the next 12 months;
it is known at the time of State Trustees responding to the request that the
hours of work which the casual employee is required to perform will be
reduced in the future.
it is known at the time of State Trustees responding to the request that there
will be a significant change in the days and/or times at which the Employee’s
hours of work are required to be performed in the future which cannot be
accommodated within the days and/or hours during which the Employee is
available to work; or
the Employee is an irregular casual.
16.7.9 Where State Trustees refuses a casual employee’s election to convert (other than
where the Employee is an irregular casual), State Trustees must provide the casual
employee with State Trustees’ reasons for refusal in writing within 21 days of the
request being made. If the Employee does not accept State Trustees’ refusal, this will
constitute a dispute that will be dealt with under clause 14 (Dispute Resolution) of this
Agreement.
a)
b)
c)
d)
e)
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16.7.10 Where a casual employee will have their employment converted to full-time or part-
time employment as provided for in this clause, State Trustees and Employee must
discuss and record in writing:
the form of employment to which the Employee will convert – that is, ongoing
full-time or part-time employment; and
if it is agreed that the Employee will become a part-time Employee, the
matters referred to in clause 16.5.3.
16.7.11 The date from which the conversion will take effect is the commencement of the next
pay cycle following such agreement being reached unless otherwise agreed.
16.7.12 Once a casual employee has converted to full-time or part-time employment, the
Employee may only revert to casual employment with the written agreement of State
Trustees.
16.7.13 A casual employee must not be engaged and/or re-engaged (which includes a refusal
to re-engage), or have their hours reduced or varied, in order to avoid any right or
obligation under this clause.
16.7.14 Nothing in this clause obliges a casual employee to convert to full-time or part-time
employment, nor permits State Trustees to require a casual employee to so convert.
16.7.15 Nothing in this clause requires State Trustees to increase the hours of a casual
employee seeking conversion to full-time or part-time employment.
16.8 USE OF FIXED TERM EMPLOYMENT
16.8.1 A Fixed Term Employee is an Employee engaged for a specific period of time on either
a full-time or part-time basis.
16.8.2 All Fixed Term Employees have access to all leave and benefits as set out in this
Agreement.
16.8.3 State Trustees will not use Fixed Term contract positions for the purpose of
undermining the job security or conditions of ongoing Employees.
16.8.4 In accordance with the principle set out in clause 16.8.3, the use of Fixed Term
employment in all areas covered by this Agreement is limited to:
replacement of Employees proceeding on approved leave;
meeting fluctuating client and employment needs and unexpected increased
workloads;
undertaking a specified task which is funded for a specified period;
filling a vacancy resulting from an Employee undertaking a temporary
assignment or secondment;
temporarily filling a vacancy where, following an appropriate selection process,
a suitable ongoing Employee is not available; or
filling a vacant role while a review of the area is undertaken, provided that
such appointment does not exceed a period of twelve months.
16.8.5 In other than exceptional or unforeseen circumstances, Fixed Term appointments to a
specific position shall be for a maximum of three years, subject to clause 52 (Parental
Leave).
a)
b)
a)
b)
c)
d)
e)
f)
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16.9 FIXED TERM EMPLOYMENT –CONVERSION TO CONTINUING EMPLOYMENT
16.9.1 On occasion where an Employee has been engaged on successive Fixed Term
employment contracts (performing the same or substantially similar duties) for a
period in excess of three years without a break in service, the Employee will be eligible
to request for conversion to continuing employment on the condition that the
Employee:
will be performing the same or substantially similar duties to the preceding
Fixed Term contract; and
is not the subject of any matters arising from clauses 24 and 25.
16.9.2 An Employee must inform State Trustees in writing that they wish to convert to
ongoing continuing employment.
16.9.3 State Trustees may decline to convert an Employee to continuing employment where
it is known or reasonably foreseeable that the Employee will perform work which is
limited to the matters set out in clause 16.8.4, and which will cease within one year
from the date of application of conversion and there is no other suitable alternative
work.
16.9.4 Where clause 16.9.3 does not apply, State Trustees will provide an eligible Employee
with an offer of continuing employment. If an Employee declines an offer of continuing
employment, they will cease to be eligible for any future conversion.
16.9.5 State Trustees will only end Fixed Term contracts on genuine and lawful grounds and
not for the purpose to avoid a request for conversion.
17 SECURE EMPLOYMENT
17.1 State Trustees acknowledges the positive impact that secure employment has on Employees
and the provision of quality services to the Victorian community.
17.2 State Trustees will give preference to ongoing forms of employment over casual and fixed
appointment arrangements wherever possible. State Trustees will also continue to support
Employees needs for flexible work arrangements.
18 TERMINATION OF EMPLOYMENT
18.1 NOTICE OF TERMINATION BY STATE TRUSTEES
18.1.1 In order to terminate the employment of an Employee, State Trustees must give to the
Employee the following notice in writing:
Employee’s Period of Service
Minimum Period of Notice
STL 1 to STL 4 Employees STL 5 to STL 7 Employees
No more than 3 years 2 weeks 4 weeks
More than 3 years 4 weeks 4 weeks
a)
b)
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18.2 EXCEPTION
18.2.1 In addition to this notice, all Employees over 45 years of age at the time of the giving of
the notice with not less than two years continuous service are entitled to an additional
weeks’ notice.
18.2.2 Payment in lieu of the notice will be made if the appropriate notice period is not
required to be worked. Where directed by State Trustees, employment may be
terminated by the Employee working part of the required period of notice and by State
Trustees making payment for the remainder of the period of notice.
18.2.3 In calculating any payment in lieu of notice, the full rate of pay an Employee would
have received for the time they would have worked during the period of notice had
their employment not been terminated will be used.
18.2.4 The period of notice in this clause, will not apply in the case of instant dismissal for
serious misconduct.
18.3 CASUAL EMPLOYEES
18.3.1 If State Trustees has rostered or engaged a casual employee for a particular period of
time and less than 24 hours’ notice is given that the period of employment is no longer
required, State Trustees is required to pay a minimum of 3 hours.
18.3.2 Provided that by mutual arrangement between the parties an Employee after having
given notice, may leave their employment prior to the expiration of the notice period
and receive wages up to the last hour worked only.
18.3.3 The notice period given to a casual employee will be a minimum of 1 hour.
18.4 TIME OFF DURING NOTICE PERIOD
18.4.1 Where State Trustees has given notice of termination to an Employee, an Employee is
entitled to 1 day time off without loss of pay for the purpose of seeking other
employment. The time off is to be taken at times that are convenient to the Employee
after consultation and agreement with State Trustees.
18.5 EMPLOYEE RESIGNATION
18.5.1 Unless otherwise agreed by State Trustees and an Employee, an Employee may resign
at any time by giving written notice to State Trustees in line with clause 18.1.1.
18.5.2 A probationary Employee may resign at any time giving 1 week’s written notice to
State Trustees Limited.
18.5.3 In the event an Employee resigns and fails to serve the required notice period, the
balance of the notice period not worked will not be paid out by State Trustees.
18.6 ABANDONMENT OF EMPLOYMENT
18.6.1 If an Employee is absent for more than 15 working days:
without the permission of State Trustees; or
without contacting State Trustees to provide explanation for the absence; and
in circumstances where State Trustees Limited could not reasonably, after due
enquiry, have been aware of any reasonable grounds for the absence – State
rustees is entitled to treat the Employee as having resigned and the
employment as having been terminated by the Employee at their initiative.
18.6.2 State Trustees will terminate the Employee’s employment in line with the provisions of
clause 18.1.1.
a)
b)
c)
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18.6.3 In the event that after termination of employment after a period of absence, a
reasonable explanation of absence can be provided, the Employee will be reinstated
without loss of benefits, entitlements and status.
18.6.4 Nothing in clause 18.6 is intended to exclude the application to, or in relation to, an
Employee of the unfair dismissal provisions contained in Part 3-2 of the FW Act, or
modifies the application of such provisions in any way that is detrimental to, or in
relation to, an Employee.
18.7 STATEMENT OF EMPLOYMENT
18.7.1 State Trustees must, upon receipt of a request from an Employee whose employment
has been terminated, provide to the Employee a written statement specifying the
period of their employment and the classification of or the type of work performed by
the Employee.
18.7.2 State Trustees will provide a written statement of reasons for dismissal.
19 COSTS OF EMPLOYMENT RELATED LEGAL PROCEEDINGS
19.1 If an Employee is required to attend or participate in a proceeding, hearing, examination, inquiry
or investigative process on matters which arise from the performance of the Employee’s duties,
State Trustees must meet the Employee’s reasonable legal costs relating to the Employee’s
appearance and legal representation in the matter. This includes, but is not limited to, a matter
before a Royal Commission, Independent Broad-based Anti-Corruption Commission,
Ombudsman’s or a Coroner’s inquest.
19.2 Where legal proceedings are initiated against an Employee as a direct consequence of the
Employee legitimately and properly performing their duties, State Trustees will not
unreasonably withhold agreement to meet the Employee’s reasonable legal costs relating to the
defence of such proceedings.
19.3 Where, as a direct consequence of the Employee legitimately and properly performing their
duties, it is necessary to obtain an intervention order or similar remedy against a person, State
Trustees will not unreasonably withhold agreement to meet the Employee’s reasonable legal
costs in obtaining the order or other remedy.
19.4 An Employee’s immediate supervisor must ensure that an application to meet reasonable legal
costs will be referred to the appropriate person or body to enable the application to be decided
expeditiously.
20 PROFESSIONAL INDEMNITY INSURANCE
20.1 State Trustees will defend and indemnify the Employee against any action, liability claim or
demand arising out of anything done by the Employee in good faith in the course of their
employment duties.
21 HOME BASED WORK
21.1 Home based work is a voluntary work arrangement agreed between an Employee and State
Trustees where the Employee performs work from home that would ordinarily be conducted at
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their workplace.
21.2 State Trustees supports two types of home based work arrangements:
21.2.1 occasional; and
21.2.2 regular.
21.3 State Trustees will need to be satisfied that:
21.3.1 the operational needs of State Trustees will be met;
21.3.2 workplace health and safety standards at the Employees’ home are met, including any
ergonomic requirements;
21.3.3 there is the capacity for communication between home and the workplace;
21.3.4 the security and confidentiality of information and files is as per the organisation
expectations.
21.4 When establishing a regular home based work arrangement:
21.4.1 State Trustees and the Employee will need to consider any components that are
specific to the Employee’s role that may be required to be performed in the workplace
21.4.2 Home based work may not be combined with carer’s responsibilities, unless otherwise
agreed between State Trustees and the Employee.
21.4.3 The same level of accountability for work performed will apply to work performed
from home as to work performed in the office.
21.4.4 State Trustees and the Employee will make all reasonable efforts to discuss the
proposal with any other Employees who may be affected.
21.5 Requests which comply with these terms and State Trustees’ policies and procedures will not be
unreasonably refused.
21.6 A home based work agreement will detail all working arrangements and must be signed by both
the Employee and the Employee’s manager.
21.7 Where the conditions and/or expectations in this Agreement or State Trustees’ policies and
procedures are not being met, a home based work agreement may be terminated by the
Employee or State Trustees at any time by giving two weeks written notice.
21.8 Where Employees are directed to work from home for any reason, State Trustees will ensure
the principles of clause 21.3 are applied. State Trustees will provide reasonable resources to
enable Employees to perform their work at home.
22 REDEPLOYMENT AND RETRENCHMENT
22.1 REDEPLOYMENT
22.1.1 In managing redeployment, State Trustees will identify any suitable alternative roles
for the affected Employees. A suitable alternative role means a similar role that is
classified at the same career level as the Employee’s substantive position, where the
Employee’s skills, knowledge and experience are relevant and where it is expected the
Employee will be able to carry out the duties of that position with a reasonable
amount of training. However, an Employee may request to be considered for a
position that is at a higher or lesser career level.
22.1.2 An Employee may not unreasonably refuse an offer of a suitable alternative role.
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22.1.3 Where suitable alternative roles cannot be identified within State Trustees, State
Trustees will provide support and assistance to affected Employees to assist them to
pursue other options that may be available.
22.1.4 A redeployment period of a maximum of six (6) weeks will commence from the date
the Employee is advised that the position they occupy is deemed to be redundant. If a
suitable alternative role cannot be identified during the redeployment period, the
Employee will be retrenched.
22.1.5 Where an Employee accepts an initial suitable alternative role, a six (6) week trial
period will apply from the commencement of the suitable alternative role. During the
trial period, an Employee may elect to be considered for another suitable alternative
role or to be retrenched. Should an Employee opt to accept a second suitable
alternative role, no further trial period will apply.
22.2 RETRENCHMENT
22.2.1 In the case an Employee is not redeployed the Employee will be eligible for separation
payments in accordance with the NES or the Victorian Government Public Sector Policy
(as amended from time to time), whichever is most favourable.
22.3 ASSISTANCE TO EMPLOYEES
22.3.1 Employees whose positions are declared redundant shall be granted reasonable time
off with pay to investigate alternative employment (at least one day each week of the
notice period) or to seek appropriate advice or counselling on early retirement. Time
off will be taken at times convenient to the Employee after consultation with their
manager.
22.3.2 At the Employee’s request State Trustees may provide, at no cost to the Employee,
financial counselling to assist them to plan their retirement should voluntary
separation be chosen for that purpose.
22.3.3 State Trustees will provide to the Employee the services of an Outplacement provider
as determined by State Trustees.
23 INTELLECTUAL PROPERTY
23.1 Any intellectual property generated by an Employee as an outcome of performing their work is
the property of State Trustees and remains so after the Employee has left State Trustees
employment.
24 MANAGING UNSATISFACTORY WORK PERFORMANCE
24.1 The purpose of this clause is to:
24.1.1 support Employees with unsatisfactory work performance to improve their
performance to the required standard; and
24.1.2 ensure that unsatisfactory work performance is addressed expeditiously; and
24.1.3 provide a fair and transparent framework for action to be taken where an Employee
continues to perform below State Trustees expected standard.
24.2 APPLICATION
24.2.1 Subject to applicable Victorian and federal legislation, action taken by State Trustees in
relation to unsatisfactory work performance will be consistent with this clause.
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24.2.2 This clause applies to all Employees except casual Employees and Employees subject to
a probationary period of employment.
24.3 REFERRED MATTERS
24.3.1 State Trustees may at any time elect, where there is reasonable cause, to manage the
Employee’s work performance in accordance with clause 25 (Management of
Misconduct). Any matters that have arisen under the process in this clause may be
considered in the process pursuant to clause 25 (Management of Misconduct).
24.4 Meaning of unsatisfactory work performance
24.4.1 An Employee’s work performance is unsatisfactory if the Employee fails to behave in
the ways described in the Code of Conduct for State Trustee’s Employees or perform
to the required standards or expectations of their role.
24.5 Procedural fairness to apply
24.5.1 The process for managing unsatisfactory work performance will be consistent with the
principles of procedural fairness.
24.5.2 All parties involved in the process will commit to completing it as quickly as
practicable.
24.5.3 Before commencing formal unsatisfactory work performance processes, State Trustees
must:
tell the Employee the purpose of the meeting; and
provide a reasonable opportunity for the Employee to seek advice from a
representative of their choice before the unsatisfactory work performance
process commences; and
provide the Employee with a copy of the formal process to be followed; and
allow the Employee the opportunity to provide details of any mitigating
circumstances.
24.5.4 State Trustees will consider organisational or personal factors that play a role in the
Employee’s unsatisfactory work performance and rely on alternatives to the
unsatisfactory work performance process to address the problem.
24.5.5 State Trustees must take into account any reasonable explanation of any failure by the
Employee to participate before making a decision under this clause.
24.6 Employee Support or Representation
24.6.1 An Employee is entitled to be supported or represented by a person of their choice
(including a Union representative) at any stage of the formal review meetings of the
unsatisfactory work performance management process.
24.7 Commencing the formal unsatisfactory work performance process
24.7.1 Where State Trustees considers that informal attempts to address an Employee’s
unsatisfactory work performance have been unsuccessful, State Trustees may proceed
to formally manage the Employee’s unsatisfactory work performance in accordance
with, but not limited to, all or some of the following measures:
increased supervision; or
changes to the Employee’s performance plan; or
mentoring; or
a)
b)
c)
d)
a)
b)
c)
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training and professional development; or
increased feedback; or
coaching; or
performance improvement plan.
24.8 Record keeping duirng formal counselling
24.8.1 At all stages during formal counselling, meeting records will indicate:
the standard expected of the Employee; and
where and how the Employee is not meeting this standard; and
the consequences if the Employee fails to improve their performance including
that continued or repeated unsatisfactory work performance may result in
termination of the Employee’s employment.
24.8.2 If State Trustees determines that the Employee has met the required standard of
performance during a reasonable timeframe, State Trustees will notify the Employee
that:
the formal unsatisfactory work performance process has been completed; and
no further action will be taken by State Trustees unless the Employee engages in
continued or repeated unsatisfactory work performance, in which case the
formal unsatisfactory work performance process may continue to the next
stage.
24.9 First stage – formal counselling
24.9.1 The first stage of formal management of unsatisfactory work performance is formal
counselling of the Employee. State Trustees must:
advise the Employee of the unsatisfactory work performance and confirm the
commencement of the formal counselling stage; and
outline the standard required of the Employee; and
provide the Employee with an opportunity to respond within a reasonable
timeframe; and
provide the Employee with an opportunity to improve within a reasonable
timeframe; and
provide the Employee all the support and assistance necessary to support the
Employee to attain and maintain a satisfactory standard of work performance.
24.9.2 The Employee will be advised of the consequences of not improving their performance
within a reasonable period of time and of engaging in any further unsatisfactory work
performance.
24.9.3 A record of the formal counselling session will be placed on the Employee’s
employment file.
24.10 Second stage – formal written warning
24.10.1 The Employee will be given a formal written warning by State Trustees, if:
the Employee’s performance has not improved within the reasonable period
following formal counselling in accordance with clause 24.9 ; and/or
the Employee engages in further unsatisfactory work performance.
d)
e)
f)
g)
a)
b)
c)
a)
b)
a)
b)
c)
d)
e)
a)
b)
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24.10.2 State Trustees must:
advise the Employee of the unsatisfactory work performance; and
outline the standard required of the Employee; and
provide the Employee with an opportunity to respond within a reasonable
timeframe; and
provide the Employee with an opportunity to improve within a reasonable
timeframe; and
provide the Employee all the support and assistance necessary to support the
Employee to attain and maintain a satisfactory standard of work performance.
24.10.3 The written warning will be placed on the Employee’s employment file.
24.11 Third stage – final warning
24.11.1 The Employee will be given a final written warning by State Trustees if:
the Employee’s performance has not improved within the reasonable time
period following receipt of a formal written warning in accordance with clause
24.10 ; or
the Employee engages in further unsatisfactory work performance.
24.11.2 The final written warning will be placed on the Employee’s employment file.
24.12 Determination of unsatisfactory work performance outcome
24.12.1 In the event that the Employee’s performance has not improved within the reasonable
time period following the process set out in clauses 24.9 and 24.10 and on receipt by
the Employee of the final written warning in accordance with clause 24.11, State
Trustees will advise the Employee of the Employee’s continued or repeated
unsatisfactory work performance and provide the Employee with a reasonable
opportunity to respond.
24.12.2 After considering the Employee’s performance and response (including any failure to
respond in accordance with clause 24.12.1), State Trustees will determine the
unsatisfactory work performance outcome that is to apply to the Employee.
24.12.3 When reviewing the employment history of an Employee, formal action, such as a
warning, is not considered as current unsatisfactory work performance if it is greater
than two years old.
24.12.4 The possible outcome includes termination of the Employee’s employment.
25 MANAGEMENT OF MISCONDUCT
25.1 The purpose of this clause is to:
25.1.1 establish procedures for managing misconduct or alleged misconduct of an Employee;
and
25.1.2 provide for Employee alleged misconduct to be investigated and addressed
expeditiously and with minimal disruption to the workplace; and
25.1.3 ensure that Employees are treated fairly and reasonably; and
25.1.4 manage the Employee’s performance in accordance with this instead of clause 24
(Managing Unsatisfactory Work Performance) where State Trustees determines that it
would be more appropriate.
a)
b)
c)
d)
e)
a)
b)
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25.2 Application
25.2.1 Subject to applicable Victorian and federal legislation, action taken by State Trustees in
relation to misconduct will be consistent with this clause.
25.2.2 This clause applies to all Employees except casual Employees and Employees subject to
a probationary period of employment.
25.3 Meaning of misconduct
25.3.1 Misconduct involves something more than mere negligence, error of judgement or
innocent mistake. It means wrongful, improper or unlawful conduct motivated by
premeditated or intentional purpose or by obstinate indifference to the consequences
of one’s actions.
25.3.2 For the purposes of this clause, misconduct includes:
improper conduct in an official capacity; or
a contravention, without reasonable excuse, of a lawful direction given to the
Employee by a person authorised to give that direction; or
an Employee making improper use of their position for personal gain; or
an Employee making improper use of information they acquired by virtue of
their position to gain personally, or for anyone else, financial or other benefits
or to cause detriment to State Trustees
25.4 Referred matters under clause 24
25.4.1 Any matters that have arisen under the managing of unsatisfactory work performance
process in clause 24 may be considered in the misconduct process pursuant to this
clause.
25.5 Employee support and representation
25.5.1 An Employee is entitled to be supported or represented by a person of their choice
(including a Union representative) at any stage of the misconduct process.
25.6 Procedural fairness to apply
25.6.1 The process for managing Employee misconduct will be consistent with the principles
of procedural fairness.
25.6.2 All parties involved in the misconduct process will commit to completing it as quickly
as practicable.
25.6.3 State Trustees will:
advise the Employee of the purpose of any meetings; and
provide a reasonable opportunity for the Employee to seek advice from the
Union or a representative of their choice at any stage of the misconduct
process; and
provide the Employee with a copy of the formal process to be followed; and
allow the Employee the opportunity to provide details of any mitigating
circumstances.
25.6.4 State Trustees must take into account any reasonable explanation of any failure by the
Employee to participate before making a decision under this clause.
a)
b)
c)
d)
a)
b)
c)
d)
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25.7 Directions
25.7.1 Where Employee misconduct is alleged, State Trustees may do any of the following:
make an initial assessment of the alleged misconduct before commencing the
formal process to determine if an investigation is required in accordance with
clause 25.10 ; and/or
determine that it is appropriate to immediately commence an investigation of
the alleged misconduct in accordance with clause 25.10; and/or
direct the Employee to proceed immediately to perform alternative duties or
work at an alternative place of work; and/or
direct the Employee not to speak to other Employees of State Trustees about
the matter or not to visit certain places of work; and/or
suspend the Employee with pay.
25.7.2 In the event that State Trustees suspends the Employee with pay under clause 25.7.1
e), State Trustees will:
review this decision no later than a date which is four weeks after the
commencement of the suspension; and
confirm whether the suspension is to continue or is no longer necessary.
25.7.3 State Trustees will continue to review any decision regarding an Employee’s
suspension every four weeks thereafter, until the end of the misconduct process in
accordance with this clause.
25.8 Advising the Employee
25.8.1 As soon as practicable after an allegation of misconduct has been made and State
Trustees has determined in accordance with clause 25.7.1 a) or clause 25.7.1 b) that
an investigation is required, State Trustees will advise the Employee of the alleged
misconduct in writing.
25.8.2 The written advice will contain the allegation/s of misconduct made about the
Employee. Relevant information will only be withheld where it is necessary to withhold
that information in order to protect the personal privacy of any other person
consistent with Federal or State legislation.
25.9 Admissions by Employee
25.9.1 The Employee may at any stage elect to admit the alleged misconduct.
25.9.2 If the Employee admits the alleged misconduct, State Trustees may:
determine that further investigation is required (for example to investigate
partial admissions, mitigating circumstances or other relevant issues); or
may proceed immediately to the determination of the misconduct clause
25.12 by advising the Employee of the proposed discipline outcome and giving
the Employee a reasonable opportunity to respond to the findings in
accordance with clause 25.11.
25.10 Investigation of alleged misconduct
25.10.1 Where an investigation is required, State Trustees will appoint a person to conduct an
investigation into the alleged misconduct. Where appropriate, the investigation may be
conducted by the Employee’s immediate manager. The appointed person must not
have been directly involved in the matter.
a)
b)
c)
d)
e)
a)
b)
a)
b)
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25.10.2 State Trustees will provide the Employee with an opportunity to speak to the
investigator if the Employee wishes to do so.
25.10.3 The investigation may include:
collecting any relevant materials; and
speaking with the Employee; and
speaking with any relevant witnesses; and
providing the Employee with specific particulars to allow the Employee to
properly respond to the alleged misconduct; and
seeking an explanation from the Employee; and
investigating any explanation made by the Employee for the purposes of
verifying the explanation so far as possible.
25.10.4 In relation to each allegation of misconduct, the investigator will make findings on the
balance of probability as to whether:
the allegation is substantiated; or
the allegation is not substantiated.
25.10.5 Where the investigator makes a finding that an allegation is not substantiated, which is
accepted by State Trustees, the misconduct process will conclude in relation to any
such allegation and the Employee will be informed accordingly.
25.10.6 Where the investigator makes a finding that the allegation is substantiated, State
Trustees will consider this information and propose a discipline outcome.
25.11 Opportunity for response by Employee
25.11.1 As soon as practicable after the investigator has made a finding that any allegation of
misconduct is substantiated, the Employee will be provided with the findings of the
investigator and the proposed discipline outcome. The Employee will be provided with
sufficient information to allow them a reasonable basis to respond.
25.11.2 The Employee will be given a reasonable time to respond to the findings or the
material and the recommended discipline outcome. Any response must be provided
within the above reasonable time.
25.12 Determination of discipline outcome
25.12.1 State Trustees will consider:
the findings of the investigator; and
any recommendations as to the appropriate disciplinary outcome; and
any response of the Employee (including any admission of misconduct under
clause 25.9); and
any prior disciplinary outcomes,
and then determine the discipline outcome that is to apply to the Employee. The
discipline outcome must not be disproportionate to the seriousness of the matter.
25.12.2 The possible discipline outcomes are:
no action; or
performance management; or
formal counselling; or
a)
b)
c)
d)
e)
f)
a)
b)
a)
b)
c)
d)
a)
b)
c)
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formal warning; or
final warning; or
termination of employment.
25.12.3 State Trustees will advise the Employee of the discipline outcome in writing and a copy
will be placed on the Employee’s employment file.
25.13 Informing Employee who raised allegation of misconduct
25.13.1 If a process was conducted in accordance with this clause because of an allegation of
misconduct by another Employee, State Trustees must advise that Employee that the
allegation has been dealt with in accordance with this clause and may provide the
Employee with other information as is reasonably practicable.
25.14 Potential criminal conduct
25.14.1 Where alleged misconduct that is the subject of a process in accordance with this
clause is also the subject of a criminal investigation or criminal proceedings, State
Trustees is not required to delay or cease the management of misconduct process
under this clause.
d)
e)
f)
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PART 4: SALARY AND RELATED MATTERS
26 SALARY CLASSIFICATIONS
26.1 STATE TRUSTEES LEVELS 1, 2 ,3 AND 4
26.1.1 An Employee at State Trustees Level 1, 2, 3 and 4 is entitled to annual leave loading of
17½% for four weeks’ annual leave calculated in accordance with clause 42.
26.1.2 An Employee at State Trustees Level 1, 2, 3 and 4 is entitled to accrued time off as per
clause 38.
26.2 STATE TRUSTEE LEVELS 5, 6 AND 7
26.2.1 Employee at State Trustees Level 5, 6 and 7 are remunerated at a rate which is
inclusive of annual leave loading, have a termination of notice period of four weeks
and will not be entitled to paid overtime unless overtime is agreed by management in
advance.
26.3 PRESCRIBED CLASSES UNDER THE OATHS AND AFFIRMATIONS ACT 2018 (VIC.)
26.3.1 For the purposes of the classes of persons prescribed by the Oaths and Affirmations
(Affidavits, Statutory Declarations and Certifications) Regulations 2018 (Regulations),
the State Trustees Level or Levels set out in Column 1 below correspond to, and
exhaustively describe, the respective classification level, under the Regulations, as set
out in the same row in Column two below:
Column 1
State Trustees Level, or position title
Column 2
Regulations (prescribed classes) Classification
level
State Trustees Level 1
State Trustees Level 2
Level 1
State Trustees Level 3
State Trustees Level 4
Level 2
State Trustees Level 5 Level 3
State Trustees Level 6 Level 4
State Trustees Level 7 Level 5
26.3.2 For the avoidance of doubt, only those employees holding a position under this
Agreement:
no lower than State Trustee Level 6 have ‘a classification of level 4 or above’ as
prescribed by r 5(2)(b) of the Regulations; and
no lower than State Trustees Level 3 have ‘a classification of level 2 or above’
as prescribed by r 6(c) of the Regulations.
a)
b)
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26.4 MONITORING OF ADDITIONAL WORK
26.4.1 Prior to working any genuine overtime at the direction of State Trustees Limited the
Employee and their manager will make agreement of the overtime required. In the
event the Employee is unable to access the relevant approver, genuine overtime
worked in good faith will be honoured.
26.5 POSITIONS AND CLASSIFICATIONS
State Trustees Level 1
Accountability Undertakes specific and defined tasks within established rules under close
supervision:
clear and detailed instructions are provided;
tasks are covered by standard procedures;
unfamiliar situations are referred to higher levels; and
work is regularly checked.
Influences own daily work priorities and schedules under direction of supervisor.
Accountable for accuracy and timeliness of outputs.
Focus Focus is on maintaining existing systems and processes.
Identifies opportunities to improve own efficiency and suggests these to supervisor.
Communication Provides and receives routine information.
Communication is mainly focused on routine issues that may require an understanding
of the operational context.
Skill Level Focus is on learning, developing and refining work skills.
Requires knowledge of systems and processes to perform routine tasks and develops
practical application of these skills.
Requires understanding of general office work routines and procedures.
Specific Role Types Administration:
Performs routine administrative tasks, including general telephone, counter and front
office enquiries, mail deliveries, supporting organisation of meetings, receiving and
initial processing of standard paperwork
Provides routine information, such as standard information and explanations, to
clients and members of the public.
Receives payment for routine services.
Assists in tasks that are straightforward and use established work practices.
Indicative Position
Title
Records and Information Assistant
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State Trustees Level 2
Accountability Applies rules, processes and standards under general supervision.
Plans and prioritises own work program to achieve defined targets.
Ability to modify own work program, which may impact on the operations of the work
area.
Focus Judgement is required to solve problems arising in own work area.
Takes initiative to recommend improved processes in work area.
Communication Explains rules, procedures and operational policies to individual clients or colleagues.
Presents routine information to small groups and provides feedback to STL.
Drafts routine reports and correspondence.
Liaises with stakeholders, clients and external providers.
Suggests alternative approaches to clients or stakeholders.
Understands procedures for effectively dealing with people exhibiting challenging
behaviours.
Skill Level Generally requires several years of work experience.
May require Certificate qualifications.
Understands and applies theoretical principles, under supervision, to achieve defined
outcomes.
Develops knowledge of established STL processes and proficient in use of STL systems.
Knowledge of legislation, regulations, policies, and processes relevant and specific to the
role.
Specific Role
Types
Administration:
Provides administration support.
Drafts routine correspondence and minutes. Organises routine meetings and small
functions.
Undertakes work such as collection of data, data entry, basic analysis and prepares simple
reports.
May undertake financial administration including purchasing, payments and reports.
Delivers information to the general public or clients, including initial advice and referral.
Participates in routine investigations under direction.
Contributes to project planning
Indicative
Position Titles
Administration Support Officer
Assets Support Officer
Data Entry Officer
Exceptions Processing Officer
Finance Administrator
Pension Assistant
Receptionist
Records Officer
Records & Information Officer
Trust Consultant - Service
Wills and New Estates Administrator
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State Trustees Level 3
Accountability Ability to select from a range of accepted options established by rules, processes, and
standards.
Makes decisions that may have significant impact on clients.
Focus Creatively deals with problems within the work area.
Communication Ability to conduct formal information sessions and consultative process involving small
groups or participates in a similar process in larger groups.
Uses persuasion skills in dealing with an individual client, colleague, external stakeholder
or the like.
Skill Level May require tertiary qualifications.
Uses theoretical knowledge under supervision to achieve defined outcomes in a
variety of work situations.
Local reference point in operational processes and procedures.
Specific Role
Types
Administration:
Responsible for office support services and systems for a work unit.
Provides support to Administrative Support Officers.
Demonstrates problem solving in processing work.
Analyse standard reports and data to identify exceptions.
Professional/IT:
Assesses client needs and implements appropriate service delivery from a range of
accepted options.
Undertakes research and data analysis.
Administers routine projects under direction or coordinates project steps.
Contributes to operational service delivery development.
Modifies routine technical or specialist procedures to a limited specification.
Legal:
Identifies where limited precedents apply and may recommend action to be taken.
Assists in preparing or presenting cases in a range of review forums, tribunals and courts.
Indicative
Position Titles
Accounts Payable Officer
Facilities Coordinator
Finalisation Officer – PFA/EPA
Financial Assets Officer
Income Receipting Officer
Personal Consultant
Senior Administration Support Officer
Senior Exceptions Processing Officer
Service Desk Consultant
Taxation Support Officer
Wills Consultant
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State Trustees Level 4
Accountability Exercises professional judgement about the application of rules, or the selection of
choices within guidelines.
Resolves local operational service delivery problems within guidelines.
Review’s decisions, assessments, and recommendations from less experienced team
members.
Analysis and advice contribute to decision making by others.
May manage budget and resources within a work area.
Focus Initiates improvements to procedures within the work area
Communication Explains concepts and policies to clients, stakeholders, and Employees.
Plans, leads, and facilitates information sessions and consultative processes in a range of
settings.
Prepares briefs on sensitive issues for consideration of others.
Drafts public communication documents.
Communicates professional/ technical concepts and advocates a preferred case or option
to stakeholders.
Provides communication guidance to less experienced colleagues.
Uses persuasion, advocacy, negotiation and motivation skills with clients, providers,
Employees, and managers.
Skill Level Generally, requires tertiary qualifications.
Uses theoretical knowledge to achieve agreed outcomes in moderately complex work
situations.
Authoritative in application of processes and policy relevant to the work unit
Knowledge of relevant legislation, regulations, policies, and processes.
Specific Role
Types
Administration:
Manages performance through activities such as monitoring and reporting.
Drafts action plans for consideration by others.
Collects and maintains STL data, completes analysis and prepares simple reports.
Monitors and administers straight forward, contracts and service agreements within a well-
defined service delivery framework.
Professional/IT:
Assesses client needs and delivers a range of services in complex situations.
Investigates and assesses actions by individuals or organisations against legislation, rules,
regulations, and service agreements.
Participates in the development of strategies to represent STL or clients, involving
complex and challenging problems.
Conducts small to medium specialist projects defined by others.
Legal:
Advocates issues involving established precedents before a range of review forums,
tribunals, and courts.
Indicative
Position Titles
Assistant Accountant
Attorneyships Consultant
Charitable Trust Consultant
Client Consultant
Estate Consultant
Exceptional Files Consultant
Executor Assist
Financial Counselling Advisor
Finalisation Officer – Client Reporting
Fund Accountant
Genealogical Researcher
Information Records Consultant
Insurance Officer
Legal Secretary
NDIS Consultant
Para Planner
Payroll and Accounting Officer
Payroll Officer
Pension Consultant
People and Performance Coordinator
Personal Financial Consultant
Probate Clerk
Professional Services Assistant
Property Consultant
Talent Acquisition Coordinator
Taxation Accountant
Trust Consultant – Managed
Trustee Services Consultant
VCAT Examiner
Will Writer
Wills and New Estates Consultant
STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2021
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State Trustees Level 5
Accountability Team leadership may be exercised where appropriate to the role
Develops guidelines and sets local precedents regarding the application of guidelines
within work area
Provides guidance for others in the work area and/ or related areas
Resolves operational service delivery problems consistent with objectives
Interprets and applies business plans and policies to own area of responsibility
Advice and analysis contribute to policy formulation
Focus Assesses and responds to policy and process changes in the work area
Identifies and applies developments within professional field to problem solving within the
work area
Defines the appropriate methodology in the analysis of policy or operating options
Communication May lead a team through activities including individual and team performance
management and development
Plan, lead and facilitate consultative processes in a range of settings involving more
difficult or sensitive issues
Prepares complex operational reports requiring in-depth factual analysis
Conveys specialist concepts and policies to clients, Employees, and stakeholders
Prepares reports, briefs, and correspondence on complex issues that impact across work
area or at an STL wide level
Develops and implements operational communication and consultation strategies on
specific projects
Applies negotiation, persuasion, and motivation skills to manage Employees and
stakeholders
Skill Level Requires tertiary qualifications or equivalent experience
Adapts theoretical knowledge based on practical experience and/or understanding of
current issues
Applies understanding of interrelationships between stakeholders and/or other work areas
to achieve objectives
May apply advanced theoretical knowledge in a specialised field to operational problem
solving
Applies sound theoretical and practical expertise in development of policy options
Authoritative in application of processes
Specific Role
Types
Administration:
Able to plan and conduct several narrowly scoped projects simultaneously
Conducts aspects of more complex projects under direction
Contributes to planning on large projects
Prepares and analyses reports from STL data to support decision making in the broader
work area
Leads a larger or complex support work unit
Provides specialist administrative and corporate support expertise
Negotiates and manages straight forward contracts and service agreements
Drafts reports and recommendations by interpreting and analysing data
Professional/IT:
Researches and develops recommendations in a specific field of expertise
Develops and implements operational policy which impacts the immediate work area
Contributes to strategic policy development within a specific field of expertise
Manages projects
Contributes expertise to a team working on complex projects
Prepares project scopes and briefs within broad parameters
Manages multi- disciplinary project teams
Recommends resource allocation to immediate manager in order to meet service delivery
priorities
Undertakes complex or technical investigations and makes recommendations for action
Prepares complex reports requiring in- depth factual analysis.
Provides specialist advice based on field of expertise.
Legal:
Advocates more complex cases to represent STL or clients before a range of review
STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2021
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forums, tribunals and courts
Recommends strategies to represent STL and/or clients involving complex and
challenging problems.
Provides specialist advice based on field of expertise.
Indicative
Position Titles
Analyst
Business Insights Lead
Client Feedback Coordinator
Client Relations Consultant
Communications Specialist
Continuous Improvement Lead
Conveyancer
Corporate and Fund Accountant
Corporate Lawyer
Culture and Capability Partner
Database Administrator
Developer
Executive Assistant
Facilities Specialist
Financial Accountant
Financial Planner
Information Security Specialist
Infrastructure Security Manager
Infrastructure Technical Lead
Investments Analyst
Lawyer
Marketing Specialist
Organisational Trainer
People and Performance Business Partner
Philanthropic Grants Specialist
Senior Charitable Trust Consultant Senior
Compliance Consultant
Senior Assets Officer
Senior Desk Coordinator
Senior Estate Consultant
Senior Finalisation Officer
Senior Genealogical Researcher
Senior New Business Consultant
Senior Paraplanner
Senior Pension Consultant
Senior Personal Financial Consultant
Senior Project Officer
Senior Property Consultant
Senior Trust Consultant
Specialised Support Consultant
Systems Accountant
Systems Administrator
Systems Engineer
Talent Acquisition Business Partner
Taxation Accountant Intermediate
Team Leader
Trust Contact Officer
Workforce Planner
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State Trustees Level 6
Accountability Develops policy frameworks within area of expertise or responsibility based on defined
STL priorities
Participates in strategic planning and contributes to strategic decision making process
Accountable for achievement of established STL objectives including the formulation
and implementation of local business plans
Focus Identifies and responds to new and emerging strategic issues impacting on the operating
environment
Communication Purpose of communication may be to resolve complex issues through a process of
consultation and negotiation
Prepares technical reports at an authoritative level
Develops briefs on highly complex issues that provide options for decision within STL
Initiates and manages negotiations with peers (internal and external to work unit) to
gain commitment to projects, and delivery of activities to meet timelines
Provides and receives highly complex, contentious or sensitive information where high
levels of negotiation, communication and interpersonal skills are required
Explains highly complex concepts, ideas and issues to an executive audience
Represents own work area with external stakeholders, and effectively manages
feedback
Focuses on understanding stakeholder issues and influencing their views
Provides authoritative expert advice on complex issues within own area
Skill Level Uses knowledge of structures and the processes of STL to develop policies and new
program or project initiatives
Applies complex concepts drawn from non-related fields to address policy issues
High level expertise in the field or discipline
Specific Role
Types
Administration:
Manages an area with significant budget, Employee responsibilities or strategic
importance
Contributes to strategic corporate initiatives and is responsible for implementation
Professional/IT:
Manages a large scale work area or regional delivery function
Develops service delivery models within business plans and objectives
Provides highly specialist services or expert advice
Develop technical or professional standards for STL
Legal:
Subject matter expert that conceptualises, initiates, implements, promotes and
evaluates complex and innovative programs
Routinely advises senior levels of STL on policy issues and solutions within a functional area
Provides highly specialist services or expert advice
Indicative
Position Titles
Business Solutions Designer
Change Manager
Communication and Change Manager
Client Experience Designer
Client Feedback Manager
Digital Innovation Lead
Enterprise Architect
Information and Records Manager
Litigator
Manager
Organisational Trainer - Technical
Senior Accountant
Senior Advisor
Senior Business Analyst
Senior Business Partner
Senior Corporate Lawyer
Senior Culture and Capability Partner
Senior Financial Planner
Senior Fund Accountant
Senior Internal Auditor
Senior People and Performance Business
Partner
Senior Project Manager
Senior Taxation Accountant
Talent Acquisition Lead
Technical Taxation Advisor
VCAT Relationship Manager
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State Trustees Level 7
Accountability Develops policies, programs and initiatives that impact on programs or major
functional areas
Required to interpret general policy framework to make decisions in the absence of
definitive operational policies
Focus Contributes advanced expertise and knowledge to strategic planning and decision making
processes
Communication Is required to use formal and informal channels to influence STL or program
management to achieve goals
Influences stakeholders holding competing priorities and views
Briefs high level stakeholders in own area of expertise in a variety of forums
Operates with loosely defined hierarchies of decision making
Negotiates to resolve differences to achieve agreement to project/program
May be required to negotiate on the spot, often on the basis of limited information
Skill Level Proficiency and expertise has a significant impact on the capability to deliver the policy
agenda, program or project initiatives
High level expertise in the area
High level expertise in a field or discipline that is critical to the program or STL
Specific Role
Types
Administration:
Provides leadership and guidance based on advanced expertise
Manages a range of strategic STL functions, each with significant budget, Employee
responsibilities or strategic importance
Leads strategic corporate initiatives
Professional/IT:
Responsible for operational policy or service development that has significant impact
across functional areas
Responsible for implementation of endorsed strategic policy across functional areas
Area of expertise and responsibility is complicated by the scale and difficulty of the
issues
Manages major projects for STL
Provides leadership and guidance based on advanced expertise
Develops complex or specialised service delivery models
Responsible for meeting service objectives, including financial, quality and time related
targets for programs or major projects
Legal:
Area of expertise and responsibility is complicated by the scale and difficulty of the
issues
Provides leadership and guidance based on advanced expertise
Indicative
Position Titles
Head of Business Unit
General Counsel
Senior Litigator
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26.6 CLASSIFICATIONS AND SALARY LEVELS
STATE TRUSTEES LEVEL
1-Sept-21 1-Apr-22 1-Apr-23 1-Apr-24
2.00% 2.00% 2.00% 2.00%
1
Step 1 $ 48,141 $ 49,104 $ 50,086 $ 51,088
Step 2 $ 49,104 $ 50,086 $ 51,088 $ 52,109
Step 3 $ 50,086 $ 51,088 $ 52,109 $ 53,152
Step 4 $ 51,087 $ 52,109 $ 53,151 $ 54,214
2
Step 1 $ 51,088 $ 52,110 $ 53,152 $ 54,215
Step 2 $ 52,110 $ 53,152 $ 54,215 $ 55,299
Step 3 $ 53,152 $ 54,215 $ 55,299 $ 56,405
Step 4 $ 54,215 $ 55,299 $ 56,405 $ 57,533
Step 5 $ 55,299 $ 56,405 $ 57,533 $ 58,684
Step 6 $ 56,405 $ 57,533 $ 58,684 $ 59,858
Step 7 $ 57,533 $ 58,684 $ 59,858 $ 61,055
Step 8 $ 58,550 $ 59,721 $ 60,915 $ 62,134
3
Step 1 $ 58,551 $ 59,722 $ 60,916 $ 62,135
Step 2 $ 59,722 $ 60,916 $ 62,135 $ 63,377
Step 3 $ 60,916 $ 62,135 $ 63,377 $ 64,645
Step 4 $ 62,135 $ 63,377 $ 64,645 $ 65,938
Step 5 $ 63,377 $ 64,645 $ 65,938 $ 67,257
Step 6 $ 64,645 $ 65,938 $ 67,257 $ 68,602
Step 7 $ 65,938 $ 67,257 $ 68,602 $ 69,974
Step 8 $ 66,631 $ 67,964 $ 69,323 $ 70,709
4
Step 1 $ 66,632 $ 67,965 $ 69,324 $ 70,710
Step 2 $ 67,965 $ 69,324 $ 70,710 $ 72,125
Step 3 $ 69,324 $ 70,710 $ 72,125 $ 73,567
Step 4 $ 70,710 $ 72,125 $ 73,567 $ 75,038
Step 5 $ 72,125 $ 73,567 $ 75,038 $ 76,539
Step 6 $ 73,567 $ 75,038 $ 76,539 $ 78,070
Step 7 $ 75,038 $ 76,539 $ 78,070 $ 79,631
Step 8 $ 76,539 $ 78,070 $ 79,631 $ 81,224
Step 9 $ 78,070 $ 79,631 $ 81,224 $ 82,849
Step 10 $ 79,974 $ 81,573 $ 83,205 $ 84,869
5
Base of band $ 79,975 $ 81,575 $ 83,206 $ 84,870
Top of band $ 110,107 $ 112,309 $ 114,555 $ 116,846
6
Base of band $ 110,108 $ 112,310 $ 114,556 $ 116,847
Top of band $ 159,153 $ 162,336 $ 165,582 $ 168,894
7
Base of band $ 159,154 $ 162,337 $ 165,583 $ 168,895
Top of band $ 179,509 $ 183,099 $ 186,761 $ 190,496
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27 GENDER EQUALITY
27.1 Gender Pay Equity Principles
27.1.1 The provisions of this Agreement are to be interpreted consistently with the following
gender pay equity principles:
Establishing equal pay for work of equal or comparable value: Equal or
comparable value refers to work valued as equal in terms of skill, effort,
responsibility and working conditions. This includes work of different types.
Freedom from bias and discrimination: Employment and pay practices are free
from the effects of all bias and assumptions based on gender.
Transparency and accessibility: Employment, pay rates (pay steps and pay
bands) and practices are transparent. Information is accessible and
understandable.
Relationship between paid and unpaid work: Employment and pay practices
recognise and account for different patterns of workforce participation by
Employees who undertake unpaid and/ or caring work.
Sustainability: Interventions and solutions are collectively developed and
agreed, sustainable and enduring.
Participation and engagement: Employees, the Union and State Trustees work
collaboratively to achieve mutually agreed outcomes.
27.2 Meaning of ‘Pay’
27.2.1 In this clause, ‘pay’ refers to remuneration including but not limited to salary, overtime
payments, allowances and superannuation.
27.3 Commitment to collaborative approach to achieving gender pay equity
27.3.1 State Trustees will work collaboratively with Employees and the Union to identify,
support and implement strategies designed to eradicate, gender inequality and
discrimination.
27.4 Claims relating to systemic gender equality issues
27.4.1 A systemic gender equality issue means an issue of a systemic nature within State
Trustees, which adversely affects a class or group of Employees of the State Trustees,
relating to:
The gender composition of any or all workforce levels of State Trustees; or
The gender composition of governing bodies; or
Equal remuneration for work of equal or comparable value across any or all
workforce levels of State Trustees, irrespective of gender; or
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;
or
Gendered workplace segregation.
a)
b)
c)
d)
e)
f)
a)
b)
c)
d)
e)
f)
g)
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27.4.2 An individual Employee, group of Employees, or the Union on behalf of Employees
(Claimants) may seek resolution of a dispute relating to a systemic gender equality
issue (Claim) in accordance with this clause.
27.4.3 A Claim or Claims under this clause must be made in writing to State Trustees.
27.4.4 In the first instance the Claim should include sufficient detail for State Trustees to
make a reasonable assessment of the nature of the Claim, the employees impacted
by the Claim and any proposals to resolve the Claim.
27.4.5 State Trustees must meet and discuss the Claim with the Claimant prior to
responding to the Claim.
27.4.6 State Trustees must respond to the Claim in writing to the Claimant, within a
reasonable time, including enough details in the response to allow the Claimant to
understand State Trustee’s response to each element of the Claim, including
reasons why the Claim is accepted or rejected.
27.4.7 If the Claim is unable to be resolved between State Trustees and the Claimant/s,
either the Claimant/s or State Trustees may refer the Claim to the Public Sector
Gender Equality Commissioner (Commissioner) to deal with.
27.4.8 In addition to the processes outlined in clause 14, Dispute Resolution, if the dispute is
unable to be resolved between State Trustees and the Employees, either the
Employees, the Union or State Trustees may refer the dispute to the Public Sector
Gender Equality Commissioner (Commissioner) to deal with.
27.4.9 In dealing with a dispute, the Commissioner may:
Consider the Gender Pay Equity Principles; and
Be objective and free from assumptions based on gender; and
Acknowledge that current pre-existing views, conclusions or assessments of
comparable worth or value may not be free of assumptions based on gender;
and
Ensure that skills, responsibilities, effort and conditions that are commonly
undervalued such as social and communication skills, responsibility for
wellbeing of others, emotional effort, cultural knowledge and sensitivity are
considered; and
Ensure that dispute resolution outcomes consider current or historical gender-
based discrimination and do not further promote systemic undervaluation; and
Deal with the dispute in a manner that is independent of State Trustees or the
Employees; and
Otherwise deal with the dispute in any way the Commissioner considers
appropriate, consistent with the requirements of the Gender Equality Act 2020
(Vic). This can include mediation, conciliation, making recommendations or
offering opinions.
27.4.10 This clause does not apply to any dispute regarding a matter or matters arising in the
course of bargaining in relation to a proposed enterprise agreement.
27.4.11 Employees may choose to be represented at any stage by a representative, including
but not limited to a Union representative.
27.4.12 The Employees and State Trustees and their representatives must genuinely attempt
to resolve the Claim through the processes set out in this clause and must cooperate
to ensure that these processes are carried out expeditiously. If a Claim is unable to be
resolved by the Commissioner, either the Claimant or State Trustees may refer the
a)
b)
c)
d)
e)
f)
g)
STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2021
47
Claim to the FWC as a dispute for resolution pursuant to clause 14 Dispute Resolution.
27.4.13 Whilst a Claim is being dealt with in accordance with this clause, work must continue in
accordance with usual practice, provided that this does not apply to an Employee who
has a reasonable concern about an imminent risk to their health or safety, has advised
State Trustees of this concern and has not unreasonably failed to comply with a
direction by State Trustees to perform other available work that is safe and
appropriate for the Employee to perform. No party will be prejudiced as to the final
settlement of the Claim by the continuance of work in accordance with this clause.
27.5 Gender Equality Action Plans
27.5.1 State Trustees will consult with the CPSU in the preparation of Gender Equality Action
Plans under the Gender Equality Act 2020 (VIC).
28 SALARY INCREASES
28.1 Employees will receive the following salary increases:
Effective Date Percentage Increase
1 September 2021 2%
1 April 2022 2%
1 April 2023 2%
1 April 2024 2%
28.2 Should the Agreement not come into effect before 1 September 2021, State Trustees will pay
Employees the salary and other increases in the first full pay cycle following the Agreement
coming into effect.
28.3 An Employee may request a position review of their role if they believe there has been changes
to their role that may impact its value, if they believe the current classification of their role does
not reflect appropriate value of the role, or on a gender equity basis.
28.4 An Employee who is promoted to a role in a higher classification and is to be provided with a
higher gross salary, will receive more than the $1.00 difference from the top of one classification
to the bottom of the next classification.
29 PERFORMANCE DEVELOPMENT REVIEW AND PROGRESSION
29.1 PERFORMANCE DEVELOPMENT REVIEW
29.1.1 State Trustees is committed to an annual performance management system that
enables an Employee and their Manager or Team Leader to define and implement:
agreed performance goals for the Employee which integrate State Trustees
values and culture; and
agreed learning and development goal/s for the Employee.
29.1.2 Regular discussion and feedback will be provided throughout the period, which
includes a mid-year review.
29.1.3 A formal performance review will be held at the end of each 12 month cycle in
partnership with the relevant Manager or Team Leader to assess performance against
the agreed performance plan goals.
a)
b)
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29.2 PROGRESSION WITHIN CLASSIFICATION LEVELS
29.2.1 Employees who achieve the agreed annual performance goals set for progression (as
per clause 29.1.1 (a)) and demonstrate the application of their learning and
development goal/s will qualify for progression.
29.2.2 For the period from July 2021 to June 2022 only, the agreed performance goals as per
clause 29.1.1, for an Employee, will be to achieve an overall performance rating of
‘meeting and sometimes exceeding’ expectations.
29.2.3 An Employee will be eligible to access progression within their classification if they
have been in their role for six months or more, except in the following circumstances:
the Employee has been appointed to a new position and has been in their role
for less than six months at the time the performance review is undertaken,
they will be assessed on a combination of both roles;
the Employee has completed a formal unsatisfactory work performance
process or is subject to one under clause 24 during the course of the
performance cycle; or
the Employee is subject to proven misconduct as per clause 25 during the
course of the performance cycle.
29.2.4 An Employee will not be disadvantaged where learning and development
opportunities are not available.
29.3 PROGRESSION UPLIFTS
29.3.1 Employees classified in State Trustees Levels 1, 2, 3 and 4 who meet the progression
criteria will move to the next step within their classification on or after the first full pay
period of the following:
1 October 2022;
1 October 2023; and
1 October 2024.
29.3.2 In relation to clause 29.3.1, Employees classified at State Trustees Level 3 Step 8, will
progress to the next step (as a result of the transition from Career Level 2 to State
Trustees Level 3) of State Trustees Level 4 Step 2, for the purposes of pay only. The
Employee will remain classified as a State Trustees Level 3 Employee and can progress
as high as the pay level of State Trustees Level 4 Step 4 after which clause 29.9.3 will
begin to apply.
29.3.3 Employees classified in State Trustees Levels 1, 2, 3 and 4 who meet the progression
criteria, and are at the top step in their classification (other than those Employees for
which clause 29.3.2 applies) will receive a 1% progression increase, to their ongoing
base salary in or after the first full pay period of the following:
1 October 2022;
1 October 2023; and
1 October 2024
29.3.4 Employees classified in State Trustees Levels 5, 6 and 7 who meet the progression
criteria will receive a 1% progression increase, to their ongoing base salary in or after
the first full pay period of the following:
1 October 2021;
1 October 2022;
a)
b)
c)
a)
b)
c)
a)
b)
c)
a)
b)
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1 October 2023; and
1 October 2024
29.4 HIGHER DUTIES – PROGRESSION PAYMENTS
29.4.1 Where an Employee has been acting in a higher position for a period of 12 months, the
Employee will be eligible for consideration of progression for continued performance
of the higher duties beyond 12 months. If the Employee then returns to their
substantive role, it will be assumed that they have progressed in their substantive role
and will have the progression payment relevant to their substantive role applied.
30 PAYMENT OF SALARIES
30.1 Salaries, allowances, and overtime payments due to an Employee must be paid by State
Trustees by fortnightly electronic direct credit to a bank account, credit union or building society
account nominated by the Employee. In exceptional circumstances, including non-payment of
salary, State Trustees will make provision for off-line payments.
30.2 Where a normal payday falls on a Public Holiday the direct credit to the Employee’s nominated
account must be made no later than the last working day prior to the Public Holiday.
30.3 Employees must be provided either in writing or electronically, with details of each pay
regarding the make-up of their remuneration and any deductions.
30.4 In the event of an overpayment of salary, allowance, loading or other payment, State Trustees
must advise the Employee. Similarly, the Employee must advise State Trustees if they know
there has been an overpayment. Where agreement cannot be reached on a repayment
arrangement, State Trustees may recover the overpayment by instalments to be paid in
accordance with the Financial Management Act 1994 (Vic) as amended from time to time or any
successor to that Act.
31 TRAINEESHIPS
31.1 Trainees may be engaged from time to time in accordance with the Government Youth
Employment Scheme.
32 CADETSHIPS
32.1 State Trustees will continue to explore the viability of participation in the Jobs Victoria Youth
Cadetship Scheme with the CPSU.
33 SALARY PACKAGING
33.1 An Employee may enter into a salary packaging arrangement with State Trustees in respect of
salary packaging items available in accordance with Australian Taxation Office Guidelines.
33.2 All costs associated with salary packaging, including administrative costs, are to be met from the
salary of the participating Employee.
33.3 An Employee, at the request of State Trustees, will provide any necessary declarations for items
included in their salary package in accordance with or as required by the Fringe Benefits Tax
c)
d)
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Assessment Act 1986 (Cth.) as amended from time to time or any successor to that Act.
34 ALLOWANCES – WORK OR CONDITIONS
34.1 GENERAL PROVISIONS
34.1.1 Work or conditions allowances will be paid by State Trustees subject to the Employee
meeting the requirements for receipt of the allowance.
34.1.2 Increases to and Reimbursement of Allowances:
Work or conditions allowances in this clause will be increased by 2% at the
commencement of each financial year beginning 1 July 2021 unless otherwise
defined.
Reimbursement allowances will be increased by the same increases provided
for in clause 34 unless otherwise agreed.
34.2 APPOINTED FIRST AID AND MENTAL HEALTH FIRST AID OFFICERS ALLOWANCE
34.2.1 State Trustees may appoint an Employee to perform first aid duty, including mental
health first aid duty.
34.2.2 The Employee must hold a current and relevant first aid certificate or mental health
first aid certificate issued by an approved training provider.
34.2.3 The Employee will be paid an allowance payable in fortnightly instalments.
34.2.4 This allowance will be as follows:
Effective Date Annual Payment
1 July 2021 $748.00
1 July 2022 $763.00
1 July 2023 $778.00
1 July 2024 $793.00
34.2.5 State Trustees will reimburse all reasonable costs incurred by the Employee in
obtaining and maintaining the qualification.
34.3 ELECTED OCCUPATIONAL HEALTH AND SAFETY (OHS) REPRESENTATIVE ALLOWANCE
34.3.1 If an Employee, in addition to their normal duties, has been elected as a Health and
Safety Representative for a Designated Work Group, they will be paid an allowance in
fortnightly instalments following the completion of an accredited OH&S training course
(after their initial election).
34.3.2 This allowance will be as follows:
Effective Date Annual Payment
1 July 2021 $748.00
1 July 2022 $763.00
1 July 2023 $778.00
1 July 2024 $793.00
a)
b)
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34.4 APPOINTED WARDEN REPRESENTATIVE ALLOWANCE
34.4.1 State Trustees may appoint an Employee to perform Warden Representative duties.
34.4.2 The Employee will be paid an allowance in fortnightly instalments following the
completion of an approved building management training / information seminar (after
their initial appointment).
34.4.3 This allowance will be as follows:
Effective Date Annual Payment
1 July 2021 $748.00
1 July 2022 $763.00
1 July 2023 $778.00
1 July 2024 $793.00
34.5 HIGHER DUTIES ALLOWANCE
Payment of Higher Duties
34.5.1 An Employee required to perform all or part of the duties of a position in a higher
salary classification will be paid an allowance equal to the difference between the
Employee’s own gross salary and the gross salary the Employee would receive if
promoted to the higher position.
34.5.2 An Employee will be attached to the ‘step’ in the classification of the higher position,
or to a salary amount that provides the Employee a higher gross salary. The movement
from the top of one classification to the base of the next classification by $1.00 is not
considered to be providing a higher gross salary.
34.5.3 An alternative amount determined by the proportion of higher duties undertaken
would be paid where partial performance is required.
34.5.4 A higher duties allowance will be paid where an Employee is required to undertake all
or part of the duties of a position classified at a higher salary classification for a period
of:
eight consecutive working days or more; or
eight non-consecutive working days over a period of two months.
34.5.5 Where the period of higher duties is twelve months or more, and the Employee is
entitled to be paid a performance payment while performing higher duties, it must be
paid at the amount appropriate to the higher position.
Treatment of Salary and Payment During Leave
34.5.6 Allowances paid under this clause will be regarded as base salary for the purpose
of calculation of payments made for overtime and annual leave.
Sick Leave and Accident Compensation Leave
34.5.7 When an Employee, entitled to a higher duties allowance, commences sick leave or
accident compensation leave, the allowance will be paid as follows:
Within the first year of such assignment:
i. an Employee will be paid for up to the first 4 weeks at the “higher duties”
base salary.
A period exceeding twelve months of such assignment:
a)
b)
a)
b)
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ii. an Employee will be paid at the “higher duties” base salary.
Maternity or Adoption Leave
34.5.8 When an Employee, entitled to a higher duties allowance, commences maternity or
adoption leave, the allowance shall not be paid.
Long Service Leave and Study Leave
34.5.9 Higher duties allowance will not be paid to Employees:
On long service leave, unless the assignment has continued for a period
exceeding twelve months; or
Who proceed on full-time study leave immediately following a higher duties
assignment.
Annual Leave While Performing Higher Duties
34.5.10 An Employee working in a higher position for which they are entitled to an allowance
under this clause who proceeds on annual leave such allowance shall be paid for the
period of leave provided that:
The Employee has performed in that higher position for eight or more
consecutive working days; and
The amount of such leave for which the allowance is paid shall not exceed five
days unless the Employee, on return from leave, continues to perform in the
higher position, in which case the allowance shall be paid for all such leave
unless the Employee has, prior to proceeding on such leave, performed in that
higher position for twenty or more consecutive days, in which case the
allowance shall be paid for all leave.
Extended Higher Duties Assignments
34.5.11 Unless exceptional circumstances are identified, a higher duties assignment should be
for a maximum period of 2 years.
Purchased Leave Arrangements
34.5.12 An Employee working a purchased leave arrangement under clause 47 assigned higher
duties to a full-time position should be paid an allowance to increase their base salary
to the equivalent of purchased leave equivalent of the higher base salary.
34.6 STANDBY/ON-CALL ALLOWANCE
Eligibility
34.6.1 Standby for work is when an Employee is required by State Trustees to be ready to
perform work outside of ordinary working hours as part of a formal standby but is not
required to be at their place of work during that period of standby.
34.6.2 The Employee and State Trustees must make arrangements about where and how the
Employee may be contacted by State Trustees to be recalled or be released from
standby.
34.6.3 The Employee’s movements will be unrestricted except that they must be able to be
contacted immediately (by telephone or pager) outside work hours and must be able
to attend work within a reasonable time set by State Trustees.
Allowance Payable
34.6.4 An Employee required to be on standby for duty will be paid a minimum allowance at
the rate of $65.00 (gross) per day for each day of standby, with rates increasing as
follows:
a)
b)
a)
b)
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53
Effective Date Amount
1 July 2021 $66.00
1 July 2022 $68.00
1 July 2023 $69.00
1 July 2024 $70.00
34.6.5 Payment of the standby allowance will constitute total compensation for any
intermittent duty in connection with standby up to a total of one hour’s duration.
34.6.6 Intermittent duty in connection with standby in excess of one hour duration will
be remunerated as provided in clause 39 Overtime.
Expenses
34.6.7 Employees who perform standby duty will be reimbursed the cost of telephone
calls made in the course of standby duty.
34.6.8 Where State Trustees does not provide the Employee with a vehicle for use while
on a standby/on-call duty, and the Employee is required to use their own vehicle, they
will be paid travelling allowance as provided for in clause 35.4.
34.7 LANGUAGE ALLOWANCE
34.7.1 Where the Employee, in addition to their normal duties, agrees to be appointed by
State Trustees to use their skills in a second language to assist members of the public
who have low English proficiency or through skills in Australian Sign Language (Auslan)
to assist members of the public who are hearing impaired.
34.7.2 The Employee must hold a current accreditation from the National Accreditation
Authority for Translators and Interpreters (NAATI); and
34.7.3 The Employee will be paid an annual allowance payable in fortnightly instalments as
follows:
ACCREDITATION Annual
Payment
1 July 2021
Annual
Payment
1 July 2022
Annual
Payment
1 July 2023
Annual
Payment
1 July 2024
Language aide accreditation $1,024 $1,045 $1,065 $1,087
Paraprofessional interpreter accreditation $1,409 $1,437 $1,466 $1,495
Interpreter accreditation
or higher
$1,919 $1,957 $1,996 $2,036
34.7.4 State Trustees will pay the cost of the NAATI pre-testing workshop.
34.7.5 State Trustees will also meet the cost of the NAATI test, up to two times per individual
per level of accreditation.
34.7.6 The Employee must apply annually for renewal of the allowance. State Trustees will
assess the Employee’s application to determine whether it still requires the Employee
to perform interpreting duties.
34.8 PERMANENT RELOCATION OF USUAL PLACE OF WORK
34.8.1 Subject to clause 34.8.3 an Employee who is required by State Trustees to travel to a
new work location as a result of transfer or redeployment, will be paid a once only
allowance in compensation for all disturbance factors arising from transfer or
redeployment not otherwise provided for in this Agreement.
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34.8.2 The payments will be as follows:
Effective Date Payment
1 July 2021 $1,625
1 July 2022 $1,657
1 July 2023 $1,690
1 July 2024 $1,724
34.8.3 The allowance(s) will be paid on the following basis:
an allowance in accordance with clause 34.8.2 for the first 30 minutes of
additional total daily travel time required or 20 kilometres additional daily
distance from usual place of residence, based on the most time efficient
method of travel to and from work; and
a further equivalent allowance in accordance with clause 34.8.2 for each
additional 30 minutes or 20 kilometres or part thereof from usual place of
residence, based on the most time efficient method of travel to and from
work.
31.8.4 In relation to metropolitan relocations only. An exception to this is that no such allowance
will be paid where the total additional distance to be travelled is ten kilometres or under.
Residential Relocation General Principles
34.8.4 Where an Employee relocates their residence at the request of State Trustees,
State Trustees will:
meet reasonable relocation costs incurred in the removal of furniture and
effects provided that;
i. the Employee obtains three written quotes prior to the expense being
incurred;
ii. the Employee’s Executive General Manager (EGM) approves the
expenditure; and,
iii. the Employee provides State Trustees with tax invoices in respect of the
expenditure;
provide up to three days’ paid leave associated with the relocation; and
CPSU and State Trustees will make every reasonable endeavour to reach
a more comprehensive agreement on residential location within a specified
timeframe to be determined by the parties. This is to be considered in light of,
and in conjunction with Implementation of Change clause 10.
Reasonable Relocation Expenses
34.8.5 Relocation expenses include reasonable expenses directly incurred by the Employee
and their family as a result of:
the journey to the new location, including meals and accommodation;
removal, storage and insurance; and
selling and purchasing of a comparable residence.
a)
b)
a)
b)
c)
a)
b)
c)
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35 ALLOWANCES – REIMBURSEMENT OF EXPENSES
35.1 GENERAL PROVISIONS
35.1.1 State Trustees will reimburse the Employee’s reasonable out of pocket expenses
actually and necessarily incurred in the course of authorised duties.
35.1.2 State Trustees must apply the rulings of the Commissioner for Taxation in relation to
reasonable allowances in determining the maximum rates payable, unless otherwise
agreed.
35.2 ALLOWABLE EXPENSES
35.2.1 Allowable expenses include:
travelling, accommodation, meals and other incidental expenses associated
with an overnight absence from home or part day duties away from the
normal work location;
expenses incurred in using a private mobile phone in accordance with clause
35.3;
expenses incurred in using private telephone in accordance with clause 35.3;
expenses incurred in using a private motor vehicle in accordance with clause
35.4; and
any other expenses incurred in the course of the Employee’s employment and
authorised by State Trustees.
35.3 PERSONAL PHONES
35.3.1 An Employee, required to use their personal phone in the course of their employment,
will be reimbursed for work-related calls under their plan or phone account.
35.3.2 The Employee must obtain the prior approval of State Trustees before using their
personal phone during the course of their employment and, following use, must
submit an itemised statement of the calls made and their cost.
35.4 PRIVATE MOTOR VEHICLE USE
35.4.1 Except for when an Employee receives an annual set allowance to use their private
motor vehicle in the course of their employment, the Employee will be reimbursed for
kilometre costs.
35.4.2 The Employee must obtain the prior approval of State Trustees before using their
private motor vehicle during the course of their employment and, following use, must
submit a declaration stating the date, the purpose of the trip, the number of
kilometres travelled, and the type of vehicle used.
35.4.3 The rates payable in respect of motor vehicle usage will be the rates determined by
the Australian Tax Office from time to time.
35.5 EXPENSE CLAIMS
35.5.1 Employees must submit tax invoices for items greater than $50; official receipts for
items between $10 to $49 and an itemised listing for individual items less than $10 as
soon as practicable after the event as evidence of expenditure incurred.
35.5.2 Where they use their own motor vehicles for work purposes in which case they will
submit a declaration in accordance with clause 35.4.2, or a declaration from the
Employee that the expense was incurred may be accepted, at the discretion of State
a)
b)
c)
d)
e)
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Trustees, if the receipt is lost or misplaced, and suitable verification can be made.
35.5.3 State Trustees will pay the Employee monies owing under this clause in a manner to be
agreed between State Trustees and the Employee as soon as practicable but no later
than 14 days after a valid claim being submitted.
35.5.4 Upon request, State Trustees will provide an advance for the expected costs associated
with work-related travel or any other exercise where an Employee is likely to incur
work-related expenses.
36 SUPERANNUATION
36.1 On appointment an Employee may choose their own complying superannuation fund that is
approved by the Australian Prudential Regulatory Authority (APRA) and into which State
Trustees shall contribute or shall be deemed to contribute on behalf of the Employee,
regardless of age, an amount in accordance with the Superannuation Guarantee
(Administration) Act 1992 (Cth.) , the Superannuation Guarantee Charge Act 1992 (Cth.), the
Superannuation Industry (Supervision) Act 1993 (Cth.) and the Superannuation (Resolution of
Complaints) Act 1993 (Cth.).
36.2 If, after 28 days of employment no choice of fund has been made State Trustees will forward
contributions to the company default fund, Australia Super or any other industry fund agreed
between the parties (“the default fund”). Contributions will only be made to one fund.
36.3 In the event of changes to superannuation legislation during the life of this Agreement, which
require changes to State Trustees Employee superannuation arrangements, the parties agree to
negotiate the form and implementation of the changes including, if necessary, by application to
vary this Agreement.
36.4 The parties agree to consider and discuss the impact of any such legislative changes when they
are being implemented. Consistent with Government policy, State Trustees will not reduce the
annual gross salary as a consequence of any such legislative changes (which includes employer
superannuation contributions) available to current or future Employees.
36.5 Through the State Trustees Salary Packaging scheme, Employees may sacrifice an additional
amount of gross salary to an additional superannuation fund upon provision of a compliance
certificate.
36.6 The superannuation arrangement for Employees employed prior to and inclusive of 27
September 2000, will be in accordance with Table 1.
TABLE 1
From 1 July 2021
Employee
Contribution
State Trustees SGC
State Trustees
Additional
Contribution
Total
Contribution
0% 10% 0% 10%
1% 10% 0% 11%
2% 10% 0% 12%
3% 10% 2% 15%
4% 10% 4% 18%
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36.7 The superannuation arrangement for Employees employed between 28 September 2000 and 30
June 2002, will be in accordance with Table 2.
TABLE 2
From 1 July 2021
Employee
Contribution
State Trustees SGC
State Trustees
Additional
Contribution
Total
Contribution
0% 10% 0% 10%
1% 10% 0% 11%
2% 10% 0% 12%
3% 10% 0% 13%
4% 10% 1% 15%
36.8 The superannuation arrangement for Employees employed from and inclusive of 1 July 2002,
will be in accordance with superannuation guarantee requirements.
36.9 Any increase to SGC will be offset by a reduction in State Trustees additional contributions.
36.10 Employees interested in sacrificing part of their gross salary for superannuation in the manner
set out above should note the following:
36.10.1 Employees can sacrifice only that part of their gross salary that amounts to the excess
of any applicable statutory minimum salary; and
36.10.2 Employees’ entitlements will be calculated by reference to the gross salary.
36.11 State Trustees contributions in respect of Parental Leave
36.11.1 An Employee is entitled to have superannuation contributions made in respect of paid
Primary Caregiver Parental Leave and paid Secondary Caregiver Parental Leave.
36.11.2 In addition, an Employee is entitled to have superannuation contributions made in
respect of the unpaid period of an Employee’s Primary Caregiver Parental Leave which
occurs on or after 1 September 2021 in accordance with clause 52.23.3.
36.11.3 State Trustees will pay the superannuation contributions relating to clause 36.11.2 as a
lump sum to the Employee’s fund.
36.11.4 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.
36.11.5 The quantum of superannuation contributions payable under clause 36.11.2 will be
calculated based on:
The number of weeks of Primary Caregiver unpaid parental leave taken by the
Employee, within the first 52 weeks of the Employees Primary Caregiver
Parental Leave; and
The Employee’s weekly pay prior to the commencement of the Primary
Caregiver Parental Leave in accordance to clause 52.23; and
The applicable contribution rate under the Superannuation Guarantee
Administration Act 1992 (Cth.) at the time the payment is made.
a)
b)
c)
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PART 5: HOURS OF WORK AND RELATED MATTERS
37 HOURS OF WORK
37.1 ORDINARY HOURS OF WORK
37.1.1 The ordinary hours of work for each Employee, except for casual or part-time
Employees, will average 76 hours per fortnight (exclusive of meal breaks), to be
worked over an average of no more than 10 days per fortnight, Monday to Friday.
37.1.2 Hours shall be defined as:
From To
Span of hours 7.00am 6.30pm
Hours of operation 8.00am 5.30pm
37.2 SPREAD OF HOURS
Flexible Arrangement of Hours of Work
37.2.1 State Trustees is committed to providing all Employees with flexibility in their working
arrangements. All Employees are entitled to flexibility. This is where an Employee may
need to start or finish earlier on a particular day. In these instances, the Employee is
required to discuss their individual need for flexibility with their supervisor. In
supporting the flexibility request, operational demands will be considered. The
Employee and supervisor will be required to agree when any additional hours will be
worked, to substitute for the flexibility required.
37.2.2 An Employee, including an Eligible Casual Employee, who has completed 12 months of
continuous service may request change in working arrangements if the Employee:
is the parent, or has the responsibility for the care of a child who is of school
age or younger;
is a carer (within the meaning of the Carer Recognition Act 2010);
has a disability;
is 55 or older;
is experiencing violence from a member of the Employee’s family;
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.
37.2.3 The Employee’s request must be in writing and must set out details of the change
sought and the reasons for the change.
37.2.4 State Trustees must give the Employee a written response to the request within 21
days. State Trustees may only refuse the request on reasonable business grounds. If
State Trustees refuses the request, the written response provided to the Employee
must include details of the refusal.
Arrangement of Hours
37.2.5 State Trustees must not require an Employee to:
perform ordinary hours of work outside the Span of Hours listed in the table in
a)
b)
c)
d)
e)
f)
a)
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clause 37.1;
perform ordinary hours of work on Saturdays, Sundays or Public Holidays.
37.2.6 The actual days and hours of work will be those agreed between State Trustees and
the Employee at the date of employment. Either party may seek to alter the days or
hours of duty. Agreement to such alteration shall not be unreasonably withheld, taking
into account the personal/family circumstances of the Employees, and the work
requirements of State Trustees. In the absence of agreement, the aggrieved party may
utilise the Dispute Resolution procedure in clause 14.
37.2.7 In determining the days and hours of duty, both State Trustees and the Employee
accept that the Employee is eligible to use the flexibility of these arrangements to take
time off by agreement subject to meeting the specified leave requirement(s) and not
unduly affecting the work requirements of State Trustees. Agreement by State
Trustees will not be unreasonably withheld.
37.2.8 Any variation of Hours of Operation may be initiated by either party but must be
agreed by both parties and must involve consideration of operational requirements
and the needs of both parties. Such variation should involve a notice period that is
mutually acceptable.
Christmas and New Year Period
37.2.9 State Trustees does not close over the Christmas and New Year period, however,
Employees who chose to take time off over this period may choose to use their
accrued leave entitlements for use specifically for the days between Christmas and
New Year.
37.2.10 Employees have multiple leave options and can access their annual leave, accrued time
off, long service leave, or, in the event that an Employee has no leave accrued, can
make
an application for leave without pay. The use of leave during this time is subject to the
standard leave approval process.
38 ACCRUED TIME OFF
38.1 Accrued time off (ATOF) is a work pattern where hours worked in addition to an Employee’s
standardised work pattern gives the Employee the ability, to take time off for those extra hours
worked.
38.2 The following conditions apply to the provision of ATOF:
38.2.1 All hours worked are accurately recorded by the Employee in an agreed manner;
38.2.2 ATOF to be taken is recorded in Employee Self Service; and
38.2.3 ATOF to be taken is to be requested at least 48 hours before the time taken.
Operational requirements will be considered by the Team Leader or Manager before
ATOF will be approved.
Accrual
38.3 ATOF accrued within Hours of Operation as defined in clause 37.1 must be:
38.3.1 The accumulation of the first 7.6 hours (pro-rata for part-time Employees) is
undertaken at the election of the Employee.
38.3.2 The accumulation of any time subsequent to the first 7.6 hours (pro-rata for part-time
Employees) is subject to Team Leader or Manager pre-approval and in accordance with
b)
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clause 38.9.
38.3.3 ATOF must be taken within 4 weeks of its accumulation unless otherwise agreed to by
State Trustees and the Employee.
38.3.4 If 7.6 hours (pro-rata for part-time Employees) of ATOF is accrued and taken within a 4
week period, the Employee’s ATOF balance starts to accrue again. In this event, an
Employee can accrue another 7.6 hours (pro-rata for part-time Employees) of ATOF
and take that ATOF within the same four week period as the previous ATOF taken.
38.4 Team Leaders and Managers will not unreasonably withhold approval of ATOF being taken.
Approval of ATOF will be provided after consideration of operational requirements, and at
discretion of the Team Leader or Manager.
38.5 Any ATOF accrued outside of the Hours of Operation must be:
38.5.1 Within the Span of Hours, as described in clause 37.1 and;
38.5.2 Mutually agreed between State Trustees and the Employee.
38.6 An Employee may carry over a balance of up to 1 day at the end of each calendar month.
38.7 In the event of an Employee needing to take up to 1 day off without sufficient ATOF accrual,
State Trustees shall allow that Employee to make up the time under the following conditions:
38.7.1 subject to prior approval by Team Leader or Manager;
38.7.2 subject to business needs;
38.7.3 when the event cannot be covered by other leave arrangements (excluding using leave
already approved); and
38.7.4 the time taken is made up within 2 weeks of the time taken off.
38.8 The Employee shall not be required by State Trustees to take ATOF within 4 weeks of being
accrued when the accrual is less than 10% of standardised or contracted hours (i.e., less than 7.6
hours for full-time Employees). When the accrual reaches 10% of standardised or contracted
hours it must be taken according to clause 38.3.3 unless otherwise agreed by State Trustees
Limited.
38.9 The accrual of ATOF after the first 7.6 hours (pro-rata for part-time Employees) will be according
to the operational requirements of the Business Area and aligned to the Employees personal
requirements where possible.
38.10 ATOF can be rostered in advance on a basis agreed with State Trustees.
38.11 An Employee, currently on a performance plan for under performance, has no capacity to
accrue ATOF for the duration of the performance plan.
38.12 State Trustees undertakes to not make any unreasonable work demands on the Employee.
39 OVERTIME
39.1 Overtime means the reasonable hours worked, at the direction of State Trustees Limited, which
are:
39.1.1 in addition to an Employee’s ordinary hours of work on any day; or
39.1.2 outside the Hours of Operation in accordance with clause 37.1; or
39.1.3 outside the span of hours in accordance with clause 37.1.
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39.2 Reasonable Hours of Work
39.2.1 Subject to clause 14 State Trustees may require an Employee to work reasonable
overtime at overtime rates.
39.2.2 An Employee may refuse to work overtime in circumstances where the working of such
overtime would result in the Employee working hours which are unreasonable having
regard to factors including:
any risk to the Employee’s health and safety;
the Employee’s personal circumstances including family responsibilities;
the needs of the workplace;
whether the Employee is entitled to receive overtime payments or other
compensation for working additional hours;
the notice (if any) given by State Trustees of the overtime and by the Employee
of their intention to refuse it;
the nature of the Employee’s role and the Employee’s level of responsibility;
and
any other relevant matter.
39.3 Requirement to Pay Overtime or Grant Time Off In Lieu
39.3.1 An Employee who works overtime must:
be paid at the appropriate overtime rate specified in clause 39.4 below; or
elect to take Time Off In Lieu specified in clause 39.7 below.
39.4 Overtime
39.4.1 Rates of Payment
Where an Employee is paid for overtime worked on a non-Public Holiday, the
following overtime rates will be paid:
For Approved Overtime Worked Overtime Rate of Pay
Monday to Saturday (except Public Holidays) – first two hours Time and a half
Monday to Saturday (except Public Holidays) – after two hours Double time
Sunday (except Public Holidays) Double time
39.4.2 Public Holiday Rates of Payment
Where an Employee is paid for overtime worked on a Public Holiday, the following
overtime rates will be paid:
For Approved Overtime Worked Overtime Rate of Pay
Monday to Friday, when the time worked does not exceed
the normal daily hours of duty
Double time in addition to
the Employee’s ordinary rate
Monday to Friday, when the time worked is in excess of the
normal daily hours of duty
Double time
and a half
Saturday or Sunday, when no other day is proclaimed as a
Public Holiday and is considered to be the holiday
Double time
and a half
a)
b)
c)
d)
e)
f)
g)
a)
b)
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39.4.3 The exceptions to clause 39.4.1 to clause 39.4.2 are as follows:
Where an Employee, who is normally required to work ordinary hours on a day
which is a Public Holiday;
i. performs ordinary hours on that day, and
ii. works outside the normal hours of duty on that day, payment for the
work performed outside the normal hours of duty will be at the rate of
double time and a half of the ordinary rate.
Where an Employee, who is normally on a rostered day off duty on a day
which;
i. falls on a Public Holiday, and
ii. the Employee is required to perform duty on the rostered day off;
payment will be at the rate of double time and a half of the ordinary
rate.
39.5 Overtime – Minimum Period
39.5.1 A minimum of three (3) hours overtime will be paid in circumstances where overtime is
not continuous with an Employee’s ordinary hours, or the Employee is not in receipt of
a Standby/On-call Allowance as per clause 34.6.
39.6 Overtime – Staff Working Less Than 38 Hours a Week
39.6.1 A part-time Employee must be compensated for overtime in accordance with clause
39.4 for work performed outside the Hours of Operation as defined in clause 37.1.
39.7 Time Off in Lieu (TOIL)
39.7.1 An Employee who elects to take TOIL in lieu of payment for overtime will be entitled to
TOIL on the following basis:
In the case of overtime worked Monday to Friday – on an hour for hour basis;
and
In the case of overtime worked on weekends or Public Holidays – two hours of
TOIL per hour worked.
39.7.2 How does TOIL apply?
TOIL is to be taken at a time mutually agreed. State Trustees will endeavour to
permit the Employee to take TOIL at a time of the Employee's choosing.
TOIL may accumulate to a maximum of 38 hours. Any Employee who has
accumulated 38 hours of TOIL must be paid overtime for any additional
overtime hours worked.
39.8 Overtime – Meal Allowance
39.8.1 When an Employee works two or more hours overtime and where that overtime
immediately follows an ordinary day’s work, or when an Employee works four hours
overtime on a ‘stand-alone’ occasion, for instance where they are called in to work a
period of overtime, they will receive:
a 20 minute meal break and if taken.
a meal allowance as outlined in the table below.
a)
b)
a)
b)
a)
b)
a)
b)
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Effective Date Amount
1 July 2021 $24.00
1 July 2022 $25.00
1 July 2023 $26.00
1 July 2024 $27.00
39.9 Rest Period After Overtime
39.9.1 Except in an emergency, an Employee must not be required to perform:
a further period of overtime duty; or
a period of ordinary duty; or
a further period of scheduled on-call duty; where:
i. either the Employee has not been provided with a ten hour rest period
between the time of completion of one period of duty and the
commencement of the next; or
ii. the Employee has not been provided with a ten hour rest period within
the preceding 24 hours from the time of the commencement of the on-
call duty.
39.9.2 State Trustees must not make a deduction from normal salary where an Employee is
released from normal duty to enable the Employee to observe a rest break set out
above.
39.9.3 An Employee required to work, as a result of an emergency situation, during or after a
rest period is due, will receive overtime compensation in accordance with this
Agreement for all time worked until a rest period of at least eight hours continuous
duration is taken.
40 MEAL BREAKS
40.1 Employees will receive an unpaid meal break of between 30 minutes and 1 hour after no longer
than 5 hours of continuous work. The timing and length of this break is to be agreed between
the Employee and State Trustees.
40.2 Further reasonable paid breaks may be granted within agreement between the Employee and
State Trustees.
40.3 If you work in the Contact Centre, Reception or the New Business team, you are entitled to rest
breaks in accordance with the below provisions:
Hours Worked Break
Less than 5 hours 1 x 15 minute paid break
5-7 hours
1 x 15 minute paid break
1 x unpaid meal break
7-8 hours
1 x 15 minute paid break
1 x unpaid meal break
1 x 15 minute paid break
a)
b)
c)
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41 CHILD AND DEPENDANT CARE
41.1 Where Employees are required by State Trustees to work outside their ordinary hours of work
and where less than 24 hours’ notice of the requirement to perform such work has been given
by State Trustees, the Employee will be reimbursed for reasonable childcare or dependent care
expenses incurred. Evidence of expenditure incurred by the Employee must be provided to State
Trustees as soon as possible after the working of such hours.
42 CALL MONITORING AND CALL RECORDING
42.1 Call Monitoring
42.1.1 Call monitoring will be used as a coaching and development tool.
42.1.2 Call monitoring will not be an indicator of Employee performance assessment (e.g.,
including but not limited to, performance goals), unless otherwise agreed.
42.1.3 Employees will be notified that their calls may be monitored and over what period of
time.
42.2 Call Recording
42.2.1 The use of call recording for Employee performance assessment (e.g., including but not
limited to, performance goals), will not occur without prior Agreement.
42.2.2 State Trustees may record calls for use in service improvements and to clarify issues of
dispute, which may occur relating to the service provided.
42.2.3 Call recording is not primarily intended for unsatisfactory work performance and/or
misconduct and other disputes. If a supervisor considers it warranted as part of a
standard managing improvement process, they must give the Employee advanced
notice and provide fair and reasonable access to the relevant records for the
Employee.
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PART 6: LEAVE AND PUBLIC HOLIDAYS
43 STANDARD DAY FOR APPROVED LEAVE PURPOSES
43.1 For each day that an Employee is absent on approved leave, the hours of work for the purposes
of such entitlements shall be taken as 7.6 hours. Where an alternative arrangement of days and
hours is worked, leave shall be debited on the basis of the actual hours to be worked on the day
of the leave.
44 ANNUAL LEAVE
44.1 An Employee accrues paid annual leave at the rate of four weeks for each twelve months of
employment in accordance with the NES.
44.2 Annual leave loading of 17½ % is payable to Employees with classifications of State Trustees
Level 1, 2, 3 and 4 only.
44.3 An Employee may request that one or more weeks of their annual leave entitlement
be converted to leave on half-pay.
44.4 Annual Leave Management
44.4.1 The parties agree that it is desirable and beneficial to both Employees and State
Trustees that leave be taken annually. Accordingly, the parties agree to cooperate to
reduce excessive leave balances and to contain them within a normal limit of 8 weeks.
Leave should be taken within 12 months after the end of the year in which it accrued
unless the Employee and State Trustees have agreed otherwise.
44.4.2 For Employees who have in excess of 8 weeks annual leave accrued, arrangements
should ordinarily be made to take part or all of that leave, in order to ensure their
leave entitlement does not continue to exceed 8 weeks.
44.4.3 State Trustees will where possible support Employee leave requests in order to help
the Employee manage annual leave accrual. Such requests will require consideration of
operational requirements when approval is being sought.
44.4.4 State Trustees can enter into discussions with Employees regarding the taking of
annual leave during periods of reduced workloads.
44.4.5 If an Employee has a dispute in relation to this clause, the dispute can be raised in
accordance with clause 14.
45 ANNUAL LEAVE IN ADVANCE
45.1 State Trustees and an Employee may agree in writing to the Employee taking a period of paid
annual leave before the Employee has accrued an entitlement to the leave.
45.2 An agreement must:
45.2.1 state the amount of leave to be taken in advance and the date on which leave is to
commence; and
45.2.2 be signed by State Trustees and the Employee and, if the Employee is under 18 years
of age, by the Employee’s parent or guardian.
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45.3 State Trustees must keep a copy of any agreement under this clause as an Employee record.
45.4 If, on the termination of the Employee’s employment, the Employee has not accrued an
entitlement to all of a period of paid annual leave already taken in accordance with an
agreement under this clause, State Trustees may deduct from any money due to the Employee
on termination an amount equal to the amount that was paid to the Employee in respect of any
part of the period of annual leave taken in advance to which an entitlement has not been
accrued.
46 CASHING OUT OF ANNUAL LEAVE
46.1 An Employee may request to cash out an amount of annual leave, as long as the Employees
remaining accrued annual leave balance is at least 4 weeks.
46.2 An Employee may request to cash out an amount of annual leave once per financial year or in
the event of special circumstances.
46.3 Employees can apply to cash out annual leave by using the Cash out of Annual Leave form, on
each occasion that annual leave is cashed out.
46.4 The Employee will be paid the full amount that would have been paid if the annual leave was
taken.
47 PURCHASED LEAVE
47.1 Notwithstanding any other provision of this Agreement, an Employee may, with the agreement
of State Trustees, purchase additional leave as detailed in clause 47.3. Access to this entitlement
may only be granted on application from an Employee and cannot be required as a precondition
for employment.
47.1.1 The Purchased Leave flexible work scheme is to be available to all Employees, except
fixed appointment Employees on appointments of less than 12 months and to casual
Employees.
47.1.2 Employees will have access to an additional amount of paid leave according to clause
47.3. per annum accrued over the same period. This additional leave will not attract a
leave loading payment.
47.1.3 No Employee currently employed on a full-time basis shall be required to work
according to the Purchased Leave flexible work scheme or be transferred to another
position to enable the Purchased Leave scheme to be implemented.
47.1.4 All Purchased Leave must be taken during the twelve (12) month period for which
approval to participate in the scheme has been given.
47.1.5 An Employee with an accrued excess leave balance of over 8 weeks annual leave
during the year will not be permitted to enter into the Purchased Leave scheme.
47.2 An Employee may revert to ordinary 52 week employment by giving State Trustees no less than
four weeks’ written notice. Where an Employee so reverts to 52 week employment, appropriate
pro-rata reduced salary adjustments will be made.
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47.3 The Employee will receive additional annual leave as follows:
Number of Weeks Additional Leave
51/52 weeks Additional 1 weeks leave (5 weeks in total)
50/52 weeks Additional 2 weeks leave (6 weeks in total)
49/52 weeks Additional 3 weeks leave (7 weeks in total)
48/52 weeks Additional 4 weeks leave (8 weeks in total)
47/52 weeks Additional 5 weeks leave (9 weeks in total)
46/52 weeks Additional 6 weeks leave (10 weeks in total)
45/52 weeks Additional 7 weeks leave (11 weeks in total)
44/52 weeks Additional 8 weeks leave (12 weeks in total)
47.4 The Employee will receive the reduced salary equal to the period worked (e.g., 46 weeks, 49
weeks) which will be spread over a 52 week financial year period.
47.5 Leave Accrual under Purchased Leave Arrangements
47.5.1 Accrual of personal and annual leave by the Employee shall remain unchanged.
47.5.2 Long service leave shall be accrued on a pro-rata basis during the period of purchased
leave.
47.6 An Employee working in accordance with the arrangements of the Purchased Leave provisions
will be paid overtime based on their base salary, i.e., prior to any reduction being made.
47.7 State Trustees will endeavour to accommodate Employee requests for arrangements under this
clause, and where such requests are granted will make proper arrangements to ensure that the
workloads of other Employees are not unduly affected, and that excessive overtime is not
required to be performed by other Employees as a result of these arrangements.
48 PUBLIC HOLIDAYS
48.1 Where the nature of the employment of Employees permits the observance of public holidays
as they occur, Employees (other than casual Employees) shall be entitled to the following
holidays without loss of pay.
48.1.1 New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day, Boxing
Day, Australia Day, ANZAC Day, Queen’s Birthday, Labour Day, Melbourne Cup Day and
AFL Grand Final Day, and any other day or part day declared or prescribed under a law
of the State of Victoria to be observed generally within the State of Victoria as a Public
Holiday.
48.1.2 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be
observed on 27 December or any other day as gazetted.
48.1.3 When Boxing Day is a Saturday or a Sunday, the Monday after 26 December (Boxing
Day) shall be observed as a Public Holiday, or any other day as gazetted.
48.1.4 When New Year’s Day is a Saturday or a Sunday, an additional day shall be observed
on the next Monday or any other day as gazetted.
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48.1.5 When Australia Day is a Saturday or a Sunday, a holiday in lieu shall be observed on
the next Monday.
48.2 Substitution of Melbourne Cup Day
48.2.1 Where, outside the Melbourne Metropolitan area, a Public Holiday is declared to apply
under section 8A of the Public Holidays Act 1993 (Vic) that day will be the Public
Holiday instead of Melbourne Cup Day.
48.2.2 An Employee and State Trustees may agree to substitute the declared Public Holiday in
clause 48.2.1 for Melbourne Cup Day, in which case penalty rates for work on the
declared Public Holiday will not apply and the Employee will be able to absent
themselves from the workplace on Melbourne Cup Day without loss of pay.
48.2.3 State Trustees may agree with an Employee whose workplace is in a non-metropolitan
Council to which a declared substitution Public Holiday applies, to work on the
declared Public Holiday. Employees who work on the declared Public Holiday will be
entitled to time off in lieu in accordance with clause 39.7.1(b) to be taken, unless a
substitution arrangement has been agreed under clause 48.6.
48.2.4 Employees must apply in writing and provide 8 weeks’ notice prior to the Public
Holiday that falls first to either, substitute a day as per clause 48.2.2 or work on the
declared Public Holiday as per clause 48.2.3..
48.2.5 State Trustees will consider both its reasonable operational requirements and the
personal circumstances of the Employees when agreeing to substitution arrangements.
48.3 Christmas Day
48.3.1 An Employee who works on Christmas Day shall be:
paid at the appropriate Public Holiday rate; and
if such an Employee also works on the substituted day or days, they shall be
paid at the ordinary time rate on this day or these days.
48.3.2 For the purpose of this clause, “ordinary time” means the amount the Employee would
normally receive for working on that particular day, including any allowance and/or
overtime payment and/or other payment which would normally apply.
48.4 Additional Public Holidays
48.4.1 Where additional or substitute public holidays are declared or prescribed, those days
shall constitute additional holidays for the purpose of this Agreement for Employees
who have their place of principle employment in a municipality to which the additional
Public Holiday applies.
48.5 Substitution of Public Holiday
48.5.1 State Trustees and Employees may agree to substitute another day for any prescribed
in this clause. For this purpose, the consent of the majority of affected Employees shall
constitute agreement. Any such arrangement shall be recorded in writing and be
available to every affected Employee.
48.5.2 An Employee may, by agreement with State Trustees, substitute another day for any
prescribed in this clause to observe religious or cultural occasions or like reasons of
significance to the Employee.
48.6 Substituted Leave – Public Holidays
48.6.1 Where the nature of the employment of Employees does not permit the observance of
a)
b)
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public holidays as they occur, State Trustees may request the Employees to work on a
Public Holiday if the request is reasonable. If an Employee is required by State Trustees
to work on a Public Holiday, substituted leave will be granted to the Employee.
48.6.2 If the Employee works on the substituted day and not the declared Public Holiday,
the Employee shall receive Public Holiday entitlements for working the substituted
day. The Employee shall only receive the benefit for either the declared Public Holiday
or the substituted day contingent on the day worked.
48.7 Part-time Employment
48.7.1 For part-time Employees, payment for a Public Holiday granted as a day’s leave will be
made only in respect of those public holidays on which the part-time Employees would
have worked had there been no Public Holiday.
49 PERSONAL/CARER’S LEAVE
49.1 The provisions of this clause apply to full-time and part-time Employees, but do not apply to
casual Employees, with the exception of clause 49.5.
49.2 Amount of Paid Personal/Carer’s Leave
49.2.1 Paid personal leave will be available to an Employee when they are absent due to:
personal illness or injury (sick leave); or
for the purposes of caring for an Immediate Family or Household member or
Assistance Animal who requires the Employee’s care or support because they
are ill/injured or are subject to an unexpected emergency (carer’s leave); or
for the purposes of attending a medical appointment with a Registered
Practitioner when the appointment cannot be reasonably scheduled outside
the Employee’s working hours.
49.2.2 An Employee is entitled to 15 days personal leave for each year of service. An
Employee will receive an entitlement of 15 days personal leave upon commencement
of employment with State Trustees. After the first year of service, an Employee’s
entitlement to paid personal leave accrues progressively during a year of service
according to the Employee’s ordinary hours of work.
49.2.3 Any Employee employed with State Trustees prior to 1 November 2010 will continue
to accrue the total personal leave entitlement on each anniversary of employment.
49.2.4 Any unused personal/carer’s leave will accumulate from year to year and cannot be
cashed out or paid out on termination of employment.
49.3 An Employee is entitled to use accumulated personal leave for the purposes of sick leave or
carer’s leave where the current year’s personal leave entitlement has been exhausted.
49.4 An Employee must inform their Manager or Team Leader of their inability to attend work, prior
to their normal commencement time and, if it is not possible to do so, then as soon as
reasonably practicable thereafter. The Employee must also advise their Manager or Team
Leader of the purpose of the leave (whether sick or carer’s leave) and the estimated duration of
the absence.
49.5 Unpaid Carer’s Leave
49.5.1 An Employee who has exhausted their entitlement to paid carer’s leave and a casual
employee may take up to 2 days unpaid carer’s leave on each occasion when a
a)
b)
c)
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member of the Employee’s Immediate Family or Household, or an Assistance Animal,
requires care or support because they are ill/injured or are subject to an unexpected
emergency.
49.5.2 An Employee may elect, with the consent of State Trustees, to work make-up time,
under which the Employee takes time off during ordinary hours and works those hours
at a later time during the Employee’s spread of ordinary hours.
49.6 Personal/Carer’s Leave At Half-Pay
49.6.1 In exceptional circumstances, an Employee may be granted approval to convert any or
all of their accrued paid personal/carer’s leave entitlement to half-pay for a period
equal to twice the period to which the Employee would otherwise be entitled.
49.6.2 Approval of half pay Personal/Carer’s Leave will only be granted in relation to an
absence of 4 weeks or more.
49.6.3 To be eligible for Personal/Carer’s Leave at half-pay under this clause, the Employee
must comply with all notice and documentary evidence requirements. State Trustees
may require that an Employee provide a further medical certificate from a nominated
registered health practitioner in the case of insufficient information for a of personal
leave exceeding 6 weeks. State Trustees bears the cost of engaging an additional
registered health practitioner.
49.7 Documentary Evidence
49.7.1 To be entitled to Personal/Carer’s Leave, an Employee must give State Trustees within
a reasonable period of time the following documentary evidence for all absences
except where clause 49.8.1 applies;
A medical certificate from a registered health practitioner; or
Evidence from a registered veterinary practitioner (in the case of an Assistance
Animal), or
If it is not reasonably practicable for the Employee to provide a medical
certificate – a Statutory Declaration made by the Employee.
49.7.2 Additional evidentiary requirements for an Assistance Animal
State Trustees may require the Employee to provide appropriate documentary
evidence that states the Assistance Animal is within the definition of an
Assistance Animal at clause 2.1.3; and
The form of evidence may include an accreditation certificate, proof of training
or a Statutory Declaration stating the animal is an Assistance Animal.
49.8 Exception
49.8.1 An Employee may take up to 5 days in each calendar year of employment or up to 2
consecutive days on each occasion, without requiring documentary evidence other
than on any day before or after a Public Holiday as described in clause 48.
49.8.2 Failure by an Employee to provide the required certification within a reasonable period
of time may render the Employee liable to be taken off paid leave.
a)
b)
c)
a)
b)
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50 EXCEPTIONAL PERSONAL/CARER’S LEAVE
50.1 In the event of a serious or terminal illness, which results in an Employee being absent from
work for an extended period of time (usually 3 consecutive months or more), State Trustees will
have the discretion to grant additional paid leave to the Employee up to a period of four weeks.
50.2 This additional leave may only be accessed if all of the Employee’s current and approved
personal leave has been exhausted, and the quantum of leave granted will depend on the
discretion of the appropriate General Manager, who will not withhold approval unreasonably.
50.3 An appropriate medical certificate will be required in circumstances where exceptional sick
leave is being requested.
51 BEREAVEMENT/COMPASSIONATE LEAVE
51.1 An Employee, other than a casual employee, is entitled to take up to three days paid
bereavement/compassionate leave on each occasion when a member of the Employee’s
Immediate Family or Household or other person as reasonably agreed by State Trustees:
51.1.1 contracts or develops a personal illness that poses a serious threat to their life;
51.1.2 sustains a personal injury that poses a serious threat to their life; or
51.1.3 dies.
51.2 Any unused portion of this leave will not accrue from year to year and will not be paid out on
termination.
51.3 An Employee, including a casual employee may take unpaid compassionate leave by agreement
with State Trustees.
51.4 State Trustees will require the Employee to provide satisfactory evidence to support the taking
of bereavement/compassionate leave.
52 PARENTAL LEAVE
52.1 Application
52.1.1 Full-time, part-time and Eligible Casual Employees are entitled to parental leave under
this clause if the leave is associated with:
the birth of a child of the Employee or the Employee’s Spouse or the
Employee’s legal surrogate; or
the placement of a child with the Employee for adoption or Permanent Care;
and
the Employee has or will have a responsibility for the care of the child.
52.1.2 An Employee currently on parental leave (excluding an Employee on Extended Family
Leave under clause 52.28) is not required to return to work in order to access a further
period of parental leave under this clause.
a)
b)
c)
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52.2 Definitions
52.2.1 In this clause:
Child means:
in relation to birth-related leave, a child (or children from a multiple birth) of
the Employee or the Employee’s Spouse of the Employee’s legal surrogate; or
in relation to adoption/permanent care 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.
52.3 Summary of Parental Leave Entitlements
52.3.1 Parental leave entitlements in this clause are summarised in the table on the following
page.
Paid Leave Unpaid Leave Total
Primary Caregiver
More than 12 months service 16 weeks Up to 36 weeks 52 weeks
Less than 12 months service 0 Up to 52 weeks 52 weeks
Eligible casual employee 0 Up to 52 weeks 52 weeks
Secondary Caregiver
More than 12 months service 2 weeks Up to 50 weeks 52 weeks
More than 12 months service and
takes over the primary responsibility
for the care of the child within the
first 52 weeks
An additional 14
weeks
Up to 36 weeks 52 weeks
Less than 12 months service 0 Up to 52 weeks 52 weeks
Eligible casual employee 0 Up to 52 weeks 52 weeks
Pre-Natal Leave
Pregnant Employee 38 hours
Spouse 38 hours
Pre-Adoption Leave
More than 12 months service 2 days
Adoption/Permanent Care Leave
More than 12 months service 16 weeks Up to 36 weeks 52 weeks
Less than 12 months service 0 Up to 52 weeks 52 weeks
a)
b)
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52.4 Parental Leave – Primary Caregiver
52.4.1 An Employee who has, or will have, completed at least twelve months paid continuous
service and who will be the Primary Caregiver at the time of the birth or adoption of
their child, is entitled to up to 52 weeks parental leave, comprising:
16 weeks paid parental leave; and
up to 36 weeks unpaid parental leave.
52.4.2 An Employee who will be the Primary Caregiver but has not completed at least twelve
months paid continuous service at the time of the birth or adoption of their Child, is
entitled to up to 52 weeks unpaid parental leave.
52.4.3 An Eligible Casual Employee who will be the Primary Caregiver at the time of the birth
or adoption of their child is entitled to up to 52 weeks unpaid parental leave.
52.4.4 Only one parent can receive Primary Caregiver Parental Leave entitlements in respect
to the birth or adoption of their child at any one time. An Employee cannot receive
Primary Caregiver Parental Leave entitlements:
if their Spouse is, or will be, the Primary Caregiver at the time of the birth or
adoption of their Child;
if their Spouse has received, or will receive, paid parental leave, primary
caregiver entitlements, or a similar entitlement, from State Trustees.
52.4.5 A period of parental leave taken in accordance with this clause must be for a single
continuous period.
52.5 Parental Leave – Secondary Caregiver
52.5.1 An Employee other than a casual employee who has at least 12 months continuous
paid service will be entitled to 2 weeks paid Secondary Caregiver Leave in connection
with the birth of a child for whom an Employee has accepted responsibility, to be
taken from 1 week prior to the expected date of birth up to or within 3 months of the
birth.
52.5.2 If an Employee becomes the Primary Caregiver, they will be entitled to paid leave in
accordance with clause 52.4.1 which is to be taken within the first 52 weeks of the
birth of the child. This paid period of leave is inclusive of the paid Secondary Caregiver
Leave as outlined in clause 52.5.1. If an Employee continues to be the Primary
Caregiver, they are entitled to apply for a further period of unpaid Primary Caregiver
Leave within the first twelve (12) months of the birth of the child or accepting
responsibility for the child. The total of the paid and unpaid leave must not exceed 52
weeks and is only available in a single unbroken period.
52.5.3 An Employee will also be entitled to 1 weeks paid Secondary Caregiver Leave if the
mother of the child has a miscarriage of her pregnancy where it has advanced to at
least 20 weeks.
52.5.4 An Employee shall confirm their intention of returning to work by notice in writing to
State Trustees, given not less than four weeks prior to the expiration of the period of
Secondary Caregiver Leave. If agreed by State Trustees and the Employee, the return
to work can be on a part-time basis until the commencement of the child’s schooling. If
such part-time work is requested by the Employee, State Trustees will not
unreasonably withhold agreement.
a)
b)
a)
b)
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52.6 Pre-Natal Leave
52.6.1 A pregnant Employee will have access to paid leave totalling up to 38 hours per
pregnancy to enable the Employee to attend routine medical appointments associated
with the pregnancy. State Trustees should be flexible enough to allow the Employee
the ability to leave work and return on the same day.
52.6.2 An Employee who has a Spouse who is pregnant will have access to paid leave totalling
up to 38 hours per pregnancy to enable the Employee to attend routine medical
appointments associated with the pregnancy.
52.6.3 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 certificate of attendance.
52.6.4 Paid pre-natal leave is not available to casual Employees. Casual Employees can
request to leave the workplace for the duration of time required for the pre-natal
appointment, on unpaid leave.
52.7 Adoption Leave
52.7.1 An Employee seeking to adopt a child may take up to two days of paid pre-adoption
leave to attend any compulsory interviews or examinations required to obtain
approval for the adoption.
52.7.2 If an Employee other than a casual employee is adopting a child under 16 years of age
and has at least 12 months continuous paid service, they will be entitled to 16 weeks
paid adoption leave in connection with the adoption of the child if they are the
Primary Caregiver, or 2 weeks paid adoption leave if they are the secondary caregiver.
Adoption leave can be taken either before and/or after the adoption. This leave is only
available when the adopted child has not previously lived continuously with either
parent for at least six months and is not a child or step child of either parent.
52.7.3 If the Employee is the Primary Caregiver, they will be entitled to a further 36 weeks of
unpaid adoption leave. An Employee shall confirm their intention of returning to work
by notice in writing to State Trustees, given not less than four weeks prior to the
expiration of the period of adoption leave. If agreed by State Trustees and the
Employee, the return to work can be on a part-time basis until the commencement of
the child’s schooling. If such part-time work is requested by the Employee, State
Trustees will not unreasonably withhold agreement.
52.8 Permanent Care Leave
52.8.1 An Employee will be entitled to access parental leave in accordance with clause 52.7 at
a time agreed with State Trustees if they:
are granted a permanent care order in relation to the custody or guardianship
of a Child pursuant to the Children, Youth and Families Act 2005 (Vic) (or any
successor to the legislation) or a permanent parenting order by the Family
Court of Australia; and
will be the Primary or Secondary Caregiver for that Child.
52.9 Employee Whose Child Is Born by Surrogate
52.9.1 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 to
the legislation) is eligible to access Parental leave entitlements.
a)
b)
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52.10 Continuing to Work While Pregnant
52.10.1 State Trustees may require a pregnant Employee to provide a medical certificate
stating that the Employee is fit to work their normal duties where the Employee:
continues to work within a six week period immediately prior to the expected
date of birth of the child; or
is on authorised paid leave.
52.10.2 State Trustees may require the Employee to start parental leave if the Employee:
does not give State Trustees the requested certificate within seven days of the
request; or
gives State Trustees a medical certificate stating that the Employee is unfit to
work.
52.11 Personal/Carer’s Leave
52.11.1 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 49.
52.12 Transfer to a Safe Job
52.12.1 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 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.
52.12.2 If there is no safe job available, the Employee is entitled to take paid no safe job leave,
or State Trustees may require the Employee to take no safe job paid leave immediately
for a period which ends at the earliest of either:
when the Employee is certified unfit to work during the six week period before
the expected date of birth by a registered medical practitioner; or
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.
52.12.3 The entitlement to no safe job leave is in addition to any other leave entitlement the
Employee has.
52.13 Special Parental Leave
52.13.1 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:
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 49; or
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 52.4 and
thereafter, to unpaid special parental leave.
a)
b)
a)
b)
a)
b)
a)
b)
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52.14 Notice and Evidence Requirements
52.14.1 An Employee must give at least 10 weeks written notice of the intention to take
parental leave, including the proposed start and end dates. At this time, the Employee
must also provide a Statutory Declaration stating:
that the Employee will become either the Primary Caregiver or Secondary
Caregiver of the Child, as appropriate;
the particulars of any parental leave taken or proposed to be taken or applied
for by the Employee’s Spouse; and
that for the period of parental leave the Employee will not engage in any
conduct inconsistent with their contract of employment.
52.14.2 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 State Trustees of any changes to the notice provided in clause 52.14.1,
unless it is not practicable to do so.
52.14.3 State Trustees may require the Employee to provide evidence which would satisfy a
reasonable person of:
in the case of birth-related leave, the date of birth of the Child (including
without limitation, a medical certificate stating the date of birth or expected
date of birth); or
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.
52.14.4 An Employee will not be in breach of this clause if failure to give the stipulated notice
is occasioned by confinement or placement occurring earlier than the expected date or
in other compelling circumstances. In these circumstances the notice and evidence
requirements of this clause should be provided as soon as reasonably practicable.
52.15 Commencement of Parental Leave
52.15.1 An Employee who is pregnant may commence Primary Caregiver Parental Leave at any
time within 14 weeks prior to the expected date of birth of the child. The period of
parental leave must commence no later than the date of birth of the child.
52.15.2 In all other cases, Primary Caregiver Parental Leave commences on the day of birth or
placement of the child.
52.15.3 Secondary caregiver parental leave may commence on the day of birth or placement of
the child.
52.15.4 State Trustees and Employee may agree to alternative arrangements regarding the
commencement of parental leave.
52.15.5 Unless otherwise agreed, any entitlement to paid parental leave will be paid from the
date of commencement of parental leave.
52.16 Single Period of Parental Leave
52.16.1 Parental leave is to be available to only one parent at a time, in a single unbroken
period, except in the case of concurrent leave.
52.17 Employee Couple – Concurrent Leave
52.17.1 Two Employees covered by this Agreement may take up to eight weeks concurrent
a)
b)
c)
a)
b)
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leave in connection with the birth or adoption of their child, using a combination of
parental leave and other leave entitlements.
52.17.2 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.
52.17.3 Concurrent leave can be taken in separate periods, but each block of concurrent leave
must not be less than 2 weeks, unless State Trustees otherwise agrees.
52.18 Parental Leave and Other Entitlements
52.18.1 An Employee may in lieu of or in conjunction with parental leave, access any annual
leave or long service leave entitlements which they have accrued subject to the total
amount of leave not exceeding 52 weeks or a longer period.
52.18.2 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 State Trustees will
grant the Employee a day off in lieu, to be taken by the Employee immediately
following the period of paid parental leave.
52.18.3 Unpaid parental leave under clause 52.20 shall not break an Employee’s continuity of
employment but it will not count as service for leave accrual or other purposes.
52.19 Keeping in Touch Days
52.19.1 During a period of parental leave State Trustees and Employee may agree to perform
work for the purpose of keeping in touch in order to facilitate a return to employment
at the end of the period of leave.
52.19.2 Keeping in touch days must be agreed and be in accordance with section 79A of the
FW Act.
52.20 Extending Parental Leave
52.20.1 An Employee who is on an initial period of parental leave of less than 52 weeks under
clause 52.4 or clause 52.5, may extend the period of their parental leave on one
occasion up to the full 52 week entitlement.
52.20.2 The Employee must notify State Trustees 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.
52.21 Right to Request an Extension to Parental Leave
52.21.1 An Employee who is on parental leave under clause 52.4 or clause 52.5, may request
an extension of unpaid parental leave for a further period of up to 12 months
immediately following the end of the current parental leave period.
52.21.2 In the case of an Employee who is a member of an Employee couple, the period of the
extension cannot exceed 12 months, less any period of parental leave that the other
member of the Employee couple will have taken in relation to the child.
52.21.3 The Employee’s request must be in writing and given to State Trustees 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.
52.21.4 State Trustees shall consider the request having regard to the Employee’s
circumstances and, provided the request is based on the Employee’s parental
responsibilities, may only refuse the request on reasonable business grounds.
52.21.5 State Trustees must not refuse the request unless State Trustees has given the
Employee a reasonable opportunity to discuss the request.
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52.21.6 State Trustees must give a written response to the request as soon as practicable, and
no later than 21 days after the request is made. The response must include the details
of the reasons for any refusal.
52.22 Total Period of Parental Leave
52.22.1 The total period of parental leave, including any extensions, must not extend beyond
24 months.
52.22.2 In the case of an Employee couple, the total period of parental leave for both parents
combined, including any extensions, must not extend beyond 24 months. The
Employee’s entitlement to parental leave under clause 52.4 or clause 52.5, will reduce
by the period of any extension taken by a member of the couple under clause 52.20.
52.23 Calculation of Pay for the Purposes of Parental Leave
52.23.1 The calculation of weekly pay for paid parental leave purposes will be based on the
average number of ordinary hours worked by the Employee over the past three years.
The calculation will exclude periods of unpaid parental leave.
52.23.2 Superannuation payment will be made on all paid parental leave.
52.23.3 An Employee who returns to work at the conclusion of up to a 52 week period of
Primary Caregiver Leave will be entitled to have superannuation contributions made in
respect of the unpaid period of the Employee’s Parental Leave, subject to clause 36.11
(Superannuation).
52.23.4 The average number of weekly hours worked by the Employee, determined in
accordance with clause 52.23.1 above, will be then applied to the annual salary
applicable to the Employee’s classification and salary point at the time of taking
parental leave to determine the actual rate of pay while on parental leave.
52.23.5 Despite clause 52.23.1 an Employee who reduces the time-fraction they work to better
cope during pregnancy will not have their subsequent paid parental leave reduced
accordingly.
52.23.6 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.
52.24 Commonwealth Paid Parental Leave
52.24.1 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.
52.25 Lactation Breaks
52.25.1 Employees cannot be discriminated against for breastfeeding, chestfeeding or
expressing milk in the workplace.
52.25.2 An Employee who wishes to continue breastfeeding or chestfeeding after returning to
work from a period of parental leave may take reasonable time during working hours
without loss of pay to do so.
52.25.3 Paid lactation breaks are in addition to normal meal and rest breaks provided for in
this Agreement.
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52.26 Returning to Work
Returning to work early
52.26.1 During the period of parental leave an Employee may return to work at any time
as agreed between State Trustees and the Employee, provided that time does not
exceed four weeks from the recommencement date desired by the Employee.
52.26.2 In the case of adoption, where the placement of an eligible child with an Employee
does not proceed or continue, the Employee will notify State Trustees immediately
and State Trustees 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
52.26.3 At least four weeks prior to the expiration of parental leave, the Employee will notify
State Trustees of their return to work after a period of parental leave.
52.26.4 Subject to clause 52.26.5, 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 52.12 above, the Employee will be entitled
to return to the position they held immediately before such transfer.
52.26.5 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.
Returning to work at a reduced time-fraction
52.26.6 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.
52.26.7 Where an Employee wishes to make a request under clause 52.26.6 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.
52.27 Consultation and Communication during Parental Leave
52.27.1 Where an Employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, State Trustees shall take reasonable
steps to:
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
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.
52.27.2 The Employee shall take reasonable steps to inform State Trustees 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.
52.27.3 The Employee shall also notify State Trustees of changes of address or other contact
details which might affect State Trustees capacity to comply with clause 52.27.1.
52.28 Extended Family Leave
52.28.1 An Employee who is the Primary Caregiver and has exhausted all parental leave
a)
b)
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entitlements may apply for unpaid Extended Family Leave as a continuous extension to
their parental leave taken in accordance with this clause. The total amount of leave,
inclusive of parental leave taken in accordance with this clause cannot exceed seven
years.
52.28.2 The Employee must make an application for Extended Family Leave each year.
52.28.3 An Employee will not be entitled to paid parental leave while on Extended Family
Leave.
52.28.4 Unless otherwise provided for in this Agreement, leave without pay granted under this
clause shall not break the Employee’s continuity of employment but will not count as
service for leave accruals or other purposes.
52.28.5 Upon return to work State Trustees may reallocate the Employee to other duties.
52.29 Replacement Employees
52.29.1 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.
52.29.2 Before State Trustees engages a replacement, Employee State Trustees must inform
that person of the temporary nature of the employment and of the rights of the
Employee who is being replaced.
52.29.3 It is agreed that the limitation in clause 16.8 on the use of Fixed Term employment to
replace the Employee does not apply in this case.
52.30 Casual Employees
52.30.1 State Trustees must not fail to re-engage a casual employee because the Employee has
accessed parental leave in accordance with this clause. The rights of State Trustees in
relation to engagement and re engagement of casual Employees are not affected,
other than in accordance with this clause.
53 SURROGACY LEAVE
53.1 Entitlement to Leave
53.1.1 An Employee (excluding a Casual Employee) who has completed at least twelve
months paid continuous service, who enters into a formal surrogacy arrangement on
or after 1 July 2021, which complies with Part 4 of the Assisted Reproductive
Treatment Act 2008 (Vic), as the surrogate, is entitled to access the following leave
entitlements:
Pre-Natal leave in accordance with clause 52.6 of the Agreement, and
six weeks of paid leave.
53.2 Continuing to work while pregnant
53.2.1 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.
53.2.2 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.
a)
b)
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53.3 Transfer to safe job
53.3.1 If an Employee provides a medical certificate stating they are fit for work, but it is
inadvisable for the Employee to continue in their present duties because of risks or
illness the Employee is entitled to be transferred to an appropriate safe job that has
the same, or other agreed ordinary hours of work with no other changes to the
Employee’s terms and conditions.
53.3.2 If no appropriate safe job is available, the Employee is entitled to take paid or unpaid
(if not eligible for parental leave) ‘No Safe Job Leave’.
53.4 Commencement of Surrogacy Leave
53.4.1 An Employee who is pregnant as a result of acting as a surrogate may commence paid
Surrogacy Leave at any time within 6 weeks prior to the expected date of birth of the
child. Otherwise, the period of parental leave must commence no later than the date
of birth of the child, unless agreed with State Trustees.
53.4.2 Unless otherwise agreed, any entitlement to paid Surrogacy leave will be paid from the
date of commencement of Surrogacy Leave.
53.5 Surrogacy Leave and other entitlements
53.5.1 An Employee may access, in conjunction with Surrogacy Leave, any other paid or
unpaid entitlements available under this Agreement with the approval of State
Trustees.
53.6 Personal/Carer’s Leave
53.6.1 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 47.
53.7 Special Surrogacy Leave
53.7.1 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:
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 47;
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.
53.8 Public holidays during a period of paid Surrogacy leave
53.8.1 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 State Trustees
will grant the Employee a day off in lieu, to be taken by the Employee immediately
following the period of paid Surrogacy leave.
53.9 Notice and Evidentiary Requirements
53.9.1 An Employee must provide 10 weeks’ written notice to State Trustees of their
intention to take Surrogacy Leave. The notification should include a Statutory
Declaration which specifies:
the intended start and end dates of the leave, and
a)
b)
a)
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if known, any other leave the Employee seeks approval to take in conjunction
with their Surrogacy Leave, and
for the period of Surrogacy leave the Employee will not engage in any conduct
inconsistent with their contract of employment.
53.9.2 State Trustees may also require the Employee to provide documentary evidence
confirming:
the expected date of birth of the Child, and
the formal surrogacy arrangement, which complies with Part 4 of the Assisted
Reproductive Treatment Act 2008 (Vic).
53.9.3 The Employee must confirm these details at least 4 weeks prior to the commencement
of the proposed period of Surrogacy leave.
54 FOSTER AND KINSHIP CARE LEAVE
54.1 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.
54.2 For the purposes of this clause Foster and Kinship Care includes:
54.2.1 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.
54.2.2 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.
54.2.3 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.
54.3 Eligible child protection interventions include emergency respite and short-term or long-term
placements on a non-permanent basis, as issued by the Victorian Department of Health and
Human Services, the Children’s Court or other similar federal, state or judicial authority.
54.4 Subject to the approval of State Trustees, 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.
54.5 In the case of foster carers, one occasion totalling up to two days duration may be used for
accreditation purposes, including attending compulsory interviews or training.
54.6 State Trustees may require the Employee to provide reasonable evidence to satisfy themselves
of the Employee’s entitlement to leave under this provision.
55 GENDER TRANSITION LEAVE
55.1 State Trustees 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.
55.2 Gender Transition refers to the process where a transgender Employee commences living as a
b)
c)
a)
b)
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member of another gender. This is sometimes referred to ‘affirming’ their gender. This may
occur through medical, social or legal changes.
55.3 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.
55.4 Amount of Gender Transition Leave
55.4.1 An Employee (other than a Casual Employee) who commences living as a member of
another gender is entitled Gender Transition Leave for the purpose of supporting the
Employee’s transition. Gender Transition Leave will comprise:
up to 4 weeks (20 days) paid leave for necessary gender affirmation
procedures, and
up to 48 weeks of unpaid leave.
55.5 The Gender Transition Leave entitlements outlined in this clause are available to be taken by the
Employee within the first 52 weeks after they commence living as a member of another gender.
55.6 Essential gender affirmation procedures may include:
55.6.1 medical or psychological appointments, or
55.6.2 hormonal appointments, or
55.6.3 surgery and associated appointments, or
55.6.4 appointments to alter the Employee’s legal status or amend the Employee’s gender on
legal documentation, or
55.6.5 any other similar necessary appointment or procedure to give effect to the Employee’s
transition as agreed with State Trustees.
55.7 An Employee who is entitled to unpaid Gender Transition Leave may, in conjunction with all or
part of that leave utilise accrued Annual or Long Service Leave, provided that the combined total
of all paid and unpaid leave taken does not exceed 52 continuous weeks.
55.8 Gender Transition Leave may be taken as consecutive, single or part days as agreed with State
Trustees.
55.9 Leave under this clause will not accrue from year to year and cannot be cashed out on
termination of employment.
55.10 Gender Transition Leave – Casual Employees
55.10.1 Casual Employees are entitled to access unpaid leave of up to 52 continuous weeks
duration for gender transition purposes.
55.11 Notice and evidence requirements
55.11.1 An Employee seeking to access Gender Transition Leave must provide State Trustees
with at least 4 weeks’ written notice of their intended commencement date and
expected period of leave, unless otherwise agreed by State Trustees.
55.11.2 An Employee seeking to access Gender Transition Leave may be required to provide
suitable supporting documentation or evidence of their attendance at essential gender
affirmation procedures. This may be in the form of a document issued by a registered
practitioner, a lawyer, or a State, Territory or Federal government organisation,
Statutory Declaration, or other suitable supporting documentation.
a)
b)
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56 LONG SERVICE LEAVE
56.1 Basic Entitlement
56.1.1 An Employee who has ten years of continuous service with State Trustees is entitled to
the equivalent of 13 weeks long service leave with pay. For each additional period of 5
years continuous service with State Trustees, an Employee is entitled to the equivalent
of 6.5 weeks long service leave with pay.
56.2 Public Holidays During Leave
56.2.1 Where a Public Holiday occurs during a period of long service leave granted to an
Employee, the Public Holiday is not to be regarded as part of the long service leave and
State Trustees will grant the Employee a day off in lieu.
56.3 Eligible Period of Service
56.3.1 In clause 56.4 “eligible period of service” in relation to an Employee means the period
of continuous service between four and seven years.
56.4 An Employee is entitled, or in the case of death is deemed to have been entitled, to an amount
of long service leave with pay equalling one-fortieth of the Employee’s eligible period of service
with State Trustees if:
56.4.1 On account of age or ill health or disability:
the Employee retires or is retired; or
the employment of the Employee is terminated; or
disability; or
the employment of the Employee is terminated for any other reason except for
serious misconduct or resignation by the Employee; or
the Employee dies.
56.5 Period of Leave
56.5.1 State Trustees may allow an Employee who is entitled to long service leave to take the
whole or any part of that leave at half-pay for a period equal to twice the period to
which the Employee would otherwise be entitled.
56.5.2 An Employee is able to access pro-rata long service leave after 7 years.
56.6 Payment for Leave
56.6.1 The pay to which an Employee is entitled for the period during which long service
leave is the greater of:
full pay – in the same manner as if the Employee had remained on duty during
that period; or
the average fortnightly hours the Employee worked in the 52 weeks
immediately before the Employee starts long service leave; or
the average fortnightly hours the Employee worked in the 260 weeks
immediately before the Employee starts long service leave; or
the average fortnightly hours worked during the Employee’s entire period of
continuous employment with State Trustees.
56.6.2 If the leave is granted at half-pay – be computed at half the rate the Employee would
a)
b)
c)
d)
e)
a)
b)
c)
d)
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have received had the leave been granted with full pay.
56.6.3 In computing the pay of an Employee for or in lieu of long service leave, the pay
includes:
Any additional payment payable for a higher duties assignment where the
assignment has continued for a period of at least 12 months before the
commencement of the leave; and
Any annual allowance payable to the Employee which State Trustees
determines should be included, but does not include:
i. any payment of overtime or penalty rates; or
ii. any travelling or transport allowance; or
iii. any allowance in the nature of reimbursement of expenditure.
56.7 Periods of Continuous Employment in which long service leave accrues
56.7.1 Long service leave continues to accrue during the following absences from work:
an absence on paid leave;
from 1 January 2019, an absence after birth or adoption of a child (other than
in the case of a casual employee) on unpaid parental leave which, in
combination with any period of paid parental leave, totals 52 weeks or less;
an absence of 52 weeks or less when the Employee is in receipt of weekly
payments of compensation under the Workplace Injury Rehabilitation and
Compensation Act 2013 (Vic) or any predecessor;
an absence of 52 weeks or less when the Employee was on unpaid carers leave
(not including any unpaid leave related to clause 52.28 – Extended Family
Leave).
56.8 Periods of Continuous Employment in which long service leave does not accrue
56.8.1 Long service leave does not accrue for the following periods:
a gap between engagements of a Casual Employee of less than 3 months; or
an absence from duty in excess of 12 months when the Employee was in
receipt of weekly payments of compensation under the Workplace Injury
Rehabilitation and Compensation Act 2013 (Vic) or any corresponding previous
enactment.
56.9 Absences which break Continuous Employment
56.9.1 Continuous Employment will be broken by the following:
any gap between engagements in Continuous Employment by a Casual
Employee of more than 3 months; or
any absence from employment due to the dismissal of the Employee for
disciplinary reasons; or
any gap or break in service or absence not provided for in clause 56.7 or clause
56.8.
a)
b)
a)
b)
c)
d)
a)
b)
a)
b)
c)
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57 EXTENDED LEAVE SCHEME
57.1 Notwithstanding any other provision of this Agreement, an Employee may, with the agreement
of State Trustees, receive, over a four year period, 80% of the gross salary they would otherwise
be entitled to receive in accordance with this Agreement, provided such gross salary is no less
than the relevant rate of pay.
57.2 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 gross salary they were entitled to in the fourth year of
deferment.
57.3 Where an Employee completes four years of service under this extended leave scheme and is
thereby not required to attend duty in the fifth year, the period of non-attendance shall not
constitute a break in service and shall count as service for all purposes.
57.4 If State Trustees agrees, the Employee may by written notice withdraw from this scheme prior
to completing a four year period. The Employee will receive a lump sum payment of gross salary
forgone to that time but will not be entitled to equivalent absence from duty.
58 DEFENCE RESERVE LEAVE
58.1 Leave will be granted for Defence Reserve service up to a maximum period of 78 weeks
continuous service.
58.2 An Employee required to complete Defence Reserve service will consult with State Trustees
regarding the proposed timing of the service and will give State Trustees a minimum of 4 weeks’
notice where possible notice of the time when the service will take place.
58.3 Where the reduced salary excluding allowances received by the Employee from the Australian
Defence Force in respect of Defence Reserve service during their ordinary hours of work is
below the Employees State Trustees reduced salary, State Trustees will, unless exceptional
circumstances arise, pay to the Employee make-up pay for the period of Defence Reserve
service.
59 JURY SERVICE
59.1 If any Employee is required to appear and serve as a juror under the Juries Act 2000, they are
entitled to leave with pay for the period during which their attendance at Court is required,
subject to the production of satisfactory evidence of such attendance.
59.2 Any compensation paid to the Employee in accordance with the Juries Act 2000 for serving as a
juror during their ordinary hours of work must be repaid to State Trustees, with reasonable
expenses actually incurred over and above those which the Employee would normally incur
being offset against this amount.
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60 LEAVE FOR BLOOD DONATIONS
60.1 Leave may be granted to an Employee without loss of pay to visit the Red Cross Blood Bank as a
donor once every two months. State Trustees will not pay or reimburse any cost incurred in
giving blood by the Employee.
61 LEAVE TO ENGAGE IN EMERGENCY RELIEF ACTIVITIES
61.1 An Employee is entitled to take leave to engage in community service activities as defined in the
FW Act, including but not limited to voluntary emergency relief work for the Country Fire
Authority, Red Cross, State Emergency Service and St John Ambulance. The Employee may be
released from normal duty without loss of pay where an emergency situation arises that
requires the attendance of the Employee. This includes release from duty for reasonable travel
time and reasonable rest time following the emergency situation. Leave will only be granted
provided that release for volunteer activities is reasonable in all the circumstances and that
satisfactory evidence is provided of the Employee’s bona fide involvement in the emergency
activity.
61.2 An Employee is entitled to be released from normal duty in respect of reasonable travel time
associated with the Employee’s attendance at the emergency situation and for reasonable rest
time following the emergency situation.
61.3 An Employee who is required to attain qualifications or to requalify to perform activities in an
emergency relief organisation may be granted leave with pay for the period of time required to
fulfil the requirements of the training course pertaining to those qualifications, provided that
such training can be undertaken without unduly affecting the operations of State Trustees.
61.4 Leave granted under this clause shall be included as service for the purpose of annual, personal
and long service leave.
62 LEAVE TO ENGAGE IN VOLUNTARY COMMUNITY ACTIVITIES
62.1 Voluntary Community Activities
62.1.1 An Employee who is elected to a Municipal Council or Committee of Management of a
community organisation may be granted leave with pay to fulfil their official functions
during their term of office as follows:
Mayor/Chair/President – up to three hours per week, or where special
occasions arise, six hours per fortnight; and
Councillor/Committee member – up to three hours per fortnight, or where
special occasions arise, six hours per month.
62.1.2 Any other organisation as agreed between State Trustees and the Employee.
62.2 Voluntary Leave
62.2.1 In recognition of State Trustees’ commitment to community engagement, Employees
are entitled to one day paid leave per financial year to engage in workplace
volunteering activities with a registered charity or at approved organisations. This
leave must be taken as a single day.
62.2.2 Employees must apply for the special paid leave by completing an Application for
Leave form.
a)
b)
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63 STUDY LEAVE
63.1 State Trustees may grant to an Employee paid leave to attend an accredited course of study
provided by an educational institution or registered training organisation.
63.2 An Employee may be granted on a per annum basis the following study leave:
Number of Subjects Study Leave Days
One (1) subject 2 days
Two (2) subjects 4 days
Three (3) or more subjects Up to a maximum of 5 days
63.3 An Employee may be granted on a per annum basis examination leave of half a day per subject.
63.4 State Trustees may grant additional leave with or without pay as considered necessary.
64 MILITARY SERVICE SICK LEAVE
64.1 Employees may be eligible to be granted military service sick leave while unfit for duty because
of a military-caused condition.
64.2 A military-caused condition means an injury or disease of an Employee that has been
determined under the Veterans’ Entitlements Act 1986 as amended from time to time to be
military-caused or defence-caused.
64.3 Employees are allotted a 9 week, once only, special credit of military service sick leave on
commencement of ongoing employment with State Trustees. If the Employee was eligible for
military service sick leave during a previous period of State Trustees employment, on re-joining
State Trustees the special credit allotted will be any special credit that remained unused on the
final day of the previous State Trustees employment.
64.4 In addition to the special credit, ongoing Employees are allotted a 3 week credit of military
service sick leave on commencement, and yearly after each subsequent 12 months’ service.
Unused annual credits will accumulate, subject to a maximum annual credit balance of 9 weeks.
If the Employee was eligible for military service sick leave during a previous period of State
Trustees employment, on re-joining State Trustees any unused accrued annual credits can be
brought forward, subject to the maximum annual credit of 9 weeks.
64.5 Approval of a grant of military service sick leave will be subject to the provision of a medical
certificate stating the nature of the medical condition and a statement from the Department of
Veterans’ Affairs stating the medical condition is a military-caused condition.
64.6 Leave from annual credits may not be granted until the special credit has expired.
64.7 Where an Employee’s military service sick leave credits have expired, personal leave provisions
will apply.
64.8 Military service sick leave counts as service for all purposes.
64.9 Military service sick leave accruals will be deferred by all periods where an Employee has been
absent on leave without pay, which does not count as service, or for any unauthorised absence.
64.10 Leave which counts as service for personal leave purposes will be deemed to count as service
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for military service sick leave purposes.
64.11 This clause is limited by any other Act, Legislation or Compensation arrangement relating to
military service.
65 LEAVE WITHOUT PAY
65.1 State Trustees may grant an Employee leave without pay for any purpose.
65.2 Unless otherwise provided for in this Agreement, leave without pay granted under this clause
shall not break the Employee’s continuity of employment but leave without pay will not count
as service for leave accrual or other purposes.
66 ALCOHOL AND DRUG REHABILITATION PROGRAM LEAVE
66.1 An Employee, other than a casual employee, may be granted leave with or without pay to
undertake an approved rehabilitation program where State Trustees is satisfied that:
66.1.1 the Employee’s work performance is adversely affected by the misuse of drugs or
alcohol;
66.1.2 the Employee is prepared to undertake a course of treatment designed for the
rehabilitation of persons with alcohol or drug misuse problems; and
66.1.3 a registered medical practitioner has certified that in their opinion the Employee is in
need of assistance because of their misuse of alcohol or drugs and that the Employee
is suitable for an approved rehabilitation program.
66.2 On production of proof of attendance at an approved rehabilitation program, an Employee may
be granted leave as follows:
66.2.1 An Employee who has completed 2 years’ continuous or aggregate service and who
has exhausted all other accrued leave entitlements may be granted leave with pay up
to the maximum number of days specified below:
Years of Service
First Year of Program
Subsequent Years
of Program
2 years 20 days 15 days
3 years 27 days 20 days
4 years 33 days 25 days
5 or more years 40 days 30 days
66.2.2 An Employee who has completed less than two years continuous or aggregate service
may be granted leave without pay for the purposes of attending an approved
rehabilitation program.
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67 PARTICIPATION IN SPORTING EVENTS
67.1 State Trustees may grant leave with pay up to a maximum of two weeks in any two year period
for an Employee to participate either as a competitor or an official in any non-professional state,
national or international sporting event.
68 FAMILY VIOLENCE LEAVE
68.1 General Principle
68.1.1 State Trustees recognises that Employees sometimes face situations of violence or
abuse in their personal life that may affect their attendance or performance at work.
Therefore, State Trustees is committed to providing support to Employees that
experience family violence.
68.1.2 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.
68.2 Definition of Family Violence
68.2.1 Family violence includes physical, sexual, financial, verbal or emotional abuse by a
family member as defined by the Family Violence Protection Act 2008 (Vic).
68.3 Eligibility
68.3.1 Leave for family violence purposes is available to all Employees with the exception of
casual Employees.
68.3.2 Casual Employees are entitled to leave without pay for family violence purposes.
68.4 General Measures
68.4.1 Evidence of family violence may be required and can be in the form an agreed
document issued by the Police Service, a Court, a registered health practitioner, a
Family Violence Support Service, district nurse, maternal and health care nurse or
lawyer. A signed Statutory Declaration can also be offered as evidence.
68.4.2 All personal information concerning family violence will be kept confidential in line
with State Trustees’ policies and relevant legislation. No information will be kept on an
Employee’s employment file without their express written permission.
68.4.3 No adverse action will be taken against an Employee if their attendance or
performance at work suffers as a result of experiencing family violence.
68.4.4 State Trustees will identify contact/s within the workplace who will be trained in family
violence and associated privacy issues. State Trustees will advertise the name of any
Family Violence contacts within the workplace.
68.4.5 State Trustees Employee experiencing family violence may raise the issue with their
immediate supervisor, Family Violence contacts, union delegate or nominated People
and Culture contact. The immediate supervisor may seek advice from People and
Culture if the Employee chooses not to see the People and Culture or Family Violence
contact.
68.4.6 Where requested by an Employee, the People and Culture contact will liaise with the
Employee’s Supervisor on the Employee’s behalf, and will make a recommendation on
the most appropriate form of support to provide in accordance with clause 68.5 and
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clause 68.6.
68.4.7 State Trustees will develop guidelines to supplement this clause and which details the
appropriate action to be taken in the event that an Employee reports family violence.
68.5 Leave
68.5.1 An 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 (this leave is not cumulative but if the leave is exhausted
consideration will be given to providing additional leave).
68.5.2 This leave will be in addition to existing leave entitlements and may be taken as
consecutive or single days or as a fraction of a day and can be taken without prior
approval.
68.5.3 An Employee who supports a person experiencing family violence may utilise their
personal/carer’s leave entitlement to accompany them to Court, to hospital, or to care
for children. State Trustees may require evidence consistent with clause 68.4.1 from
an Employee seeking to utilise their personal/carer’s leave entitlement.
68.6 Individual Support
68.6.1 In order to provide support to an Employee experiencing family violence and to
provide a safe work environment to all Employees, State Trustees will approve any
reasonable request from an Employee experiencing family violence for:
temporary or ongoing changes to their span of hours or pattern or hours
and/or shift patterns;
temporary or ongoing job redesign or changes to duties;
temporary or ongoing relocation to suitable employment;
a change to their telephone number or email address to avoid harassing
contact; and
any other appropriate measure including those available under existing
provisions for family friendly and flexible work arrangements.
68.6.2 Any changes to an Employee’s role should be reviewed at agreed periods. When an
Employee is no longer experiencing family violence, the terms and conditions of
employment may revert back to the terms and conditions applicable to the Employee’s
substantive position.
68.6.3 An Employee experiencing family violence will be offered access to the Employee
Assistance Program (EAP) and/or other available local Employee support resources.
The EAP shall include professionals trained specifically in family violence.
68.6.4 An Employee that discloses that they are experiencing family violence will be given
information regarding current support services.
69 CULTURAL AND CEREMONIAL LEAVE
69.1 National Aboriginal and Islander Day Observance Committee (NAIDOC) Week Leave
69.1.1 An Employee of Aboriginal or Torres Strait Islander descent is entitled to two days of
paid leave per year to participate in NAIDOC week activities and events.
69.1.2 NAIDOC week leave will not accrue from year to year and will not be paid out on
termination of the employment of the Employee.
a)
b)
c)
d)
e)
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69.2 Leave to Attend Aboriginal Community Meetings
69.2.1 State Trustees may approve attendance during working hours by an Employee of
Aboriginal or Torres Strait Islander descent at any Aboriginal community meetings,
except the Annual General Meetings of Aboriginal community organisations at which
the election of office bearers will occur.
69.3 Leave to Attend Annual General Meetings of Aboriginal Community Organisations
69.3.1 State Trustees may grant an Employee of Aboriginal or Torres Strait Islander descent
accrued annual or other leave to attend Annual General Meetings of Aboriginal
community organisations at which the election of office bearers will occur.
69.4 Ceremonial Leave
69.4.1 Ceremonial leave may be granted to an Employee of Aboriginal or Torres Strait
Islander descent for ceremonial purposes:
connected with the death of a member of the immediate family or extended
family (provided that no Employee shall have an existing entitlement reduced
as a result of this clause); or
for other ceremonial obligations under Aboriginal and Torres Strait Islander
lore.
69.4.2 Where ceremonial leave is taken for the purposes outlined in clause 69.4.1, up to three
days in each year of employment will be with pay. Paid ceremonial leave will not
accrue from year to year and will not be paid out on termination of the employment of
the Employee.
69.4.3 Ceremonial leave granted under this clause is in addition to compassionate leave
granted under clause 51.
70 OTHER LEAVE
70.1 An Employee may be granted leave with or without pay by State Trustees for any purpose
including:
70.1.1 cultural and religious purposes; or
70.1.2 activities inherently associated with an Employee’s disability not already provided for
by specific leave entitlements under this Agreement or otherwise agreed with State
Trustees; or
70.1.3 Family Violence leave for casual Employees.
70.2 Unless otherwise provided for in this Agreement, leave without pay shall not break the
Employee’s continuity of employment but leave without pay will not count as service for leave
accrual or other purposes.
a)
b)
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PART 7: OCCUPATIONAL HEALTH AND SAFETY
71 OCCUPATIONAL HEALTH AND SAFETY COMMITMENT
71.1 State Trustees is committed to providing and maintaining, so far as reasonably practicable, a
workplace without risk to the health and safety of all Employees, contractors, customers and
visitors.
71.2 State Trustees’ obligations under occupational health and safety legislation, the Occupational
Health and Safety Act 2004 (Vic) and the Occupational Health and Safety Regulations 2017, and
the objectives set out in this clause are not subject to clause 14 Dispute Resolution of this
Agreement.
72 ACCIDENT COMPENSATION
72.1 Accident Make-up Pay
72.1.1 Where an Employee is absent from duty as a result of sustaining an injury in respect of
which the Employee is entitled to weekly payments of compensation under Workplace
Injury Rehabilitation and Compensation Act 2013 (Vic), the Employee will, except
where otherwise provided in clause 72.2 below, be entitled to accident make-up
equivalent to their gross salary less the amount of weekly compensation payments.
72.2 Payment – Maximum Entitlement
72.2.1 State Trustees will continue to make payment to the Employee for a period of 52
weeks unless employment ceases.
72.2.2 An entitlement to paid accident compensation leave shall cease at the end of a period
of 52 weeks unless employment ceases, or the cessation of benefits payable under the
above Acts.
72.2.3 State Trustees may grant to the Employee leave without pay where an entitlement to
paid leave has ended. While on leave without pay, the Employee does not accrue
annual and sick leave entitlements.
73 OCCUPATIONAL HEALTH AND SAFETY AND REHABILITATION
73.1 The parties are committed to providing and maintaining, so far as is practicable, a working
environment that is safe and effectively minimises risks to the health of Employees. State
Trustees has established an OHS Consultative Committee with elected Health and Safety
Representatives and nominated management representatives. This Committee meets regularly
to establish procedures for reporting, monitoring and resolving OH&S issues. A CPSU
representative may attend OH&S Consultative Committee meetings (by giving notice) from time
to time.
73.2 State Trustees will act in accordance with the Victorian WorkCover Authority and the OHS Act in
relation to occupational health and safety matters.
73.3 Bullying and Violence at Work
73.3.1 The parties to this Agreement are committed to reducing bullying, violence (including
gendered violence) and occupational assault so far as is practicable in the workplace.
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73.4 State Trustees will:
73.4.1 Ensure Employee awareness of expected standards of behaviour, Employee duties in
respect of OH&S and what constitutes and how to prevent and address negative
workplace behaviour; and
73.4.2 Ensure people leaders have capabilities to prevent and manage negative workplace
behaviour; and
73.4.3 Manage negative behaviour.
73.5 Employee Support and Debriefing
73.5.1 State Trustees will provide support and debriefing to Employees who have directly or
vicariously experienced an incident during the course of the work that results in
personal distress. State Trustees is committed to the facilitation of the recovery of
Employees experiencing distress following an incident with the aim of returning
Employees to their pre-incident level of functioning as soon as possible.
74 OCCUPATIONAL HEALTH AND SAFETY TRAINING
74.1 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 State
Trustees’ operations. State Trustees shall meet any reasonable costs incurred. Leave under this
provision must only be granted to an Employee on one occasion.
74.2 Health and safety representatives are also entitled to any additional paid leave to attend
training approved by the Victorian WorkCover Authority under the OHS Act which is relevant to
the function of their role.
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PART 8: MISCELLANEOUS MATTERS
75 LEARNING AND CAREER DEVELOPMENT
75.1 The parties agree to cooperate in the provision of training and development for all Employees,
which will be a high priority during the life of this Agreement.
75.2 Particular emphasis will be on:
75.2.1 the development of Employee capability to meet State Trustees objectives;
75.2.2 a clear understanding of and involvement in continuous improvement principles and
practice;
75.2.3 the development of leadership/management skills and capability;
75.2.4 technical skills; and
75.2.5 improved skills in use of information technology to ensure maximum use of the
capability
of systems and equipment.
75.3 State Trustees will commit to:
75.3.1 pursuing a participative style with the involvement of Employees wherever practicable;
75.3.2 allowing Employees every reasonable opportunity for self-development and
progression; and
75.3.3 developing a team-based culture where every Employee can contribute and be
challenged.
75.4 Employees will commit to:
75.4.1 Taking responsibility and accountability for their own learning and development to
ensure
their technical skills and competencies are current.
75.5 State Trustees recognises that certain occupational qualifications or memberships require
ongoing professional development, and that State Trustees will facilitate appropriate leave to
achieve that ongoing development if relevant to the current position description.
76 BUSINESS CONTINUITY PLANNING
76.1 In the event of a disaster recovery/business interruption event, State Trustees can require its
Employees to work extended hours including shifts during this interim period to enable effective
business resumption. These arrangements will be undertaken in consultation with Employees,
with due consideration given to personal circumstances and will be remunerated in accordance
with the overtime provisions where applicable.
77 EXCESS TRAVELLING TIME
77.1 An Employee who is required to undertake duties at a location other than their usual place or
places of work must, in respect of any period of excess travelling time (beyond the individual’s
normal travel time to their usual place of work) outside normal working hours, be granted an
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equivalent period of time off during normal hours of duty.
77.2 The total period of time off duty other than TOIL of overtime to which an Employee is entitled
shall be limited to the maximum daily hours of the Employee established under clause 37 ‘Hours
of Work’ in a fortnightly pay period.
77.3 Where in any fortnightly pay period excess travelling time exceeds the maximum period of time
off duty to which an Employee is entitled, the Employee shall be paid for such difference
(calculated to the nearest quarter hour) at the rate of the Employee’s gross salary.
77.4 Provided that where State Trustees is satisfied that operating conditions prevent time off being
granted, State Trustees must authorise payment at the Employee’s gross salary for all such
excess travelling time.
77.5 Periods of time off duty to which an Employee is entitled under this clause shall, wherever
practicable, be taken in the fortnightly pay period following that in which they accrue.
78 ELECTRONIC COMMUNICATIONS
78.1 Outline and Principles
78.1.1 State Trustees agree to the following principles and policies in relation to the use of its
“Communication Devices”.
78.1.2 This clause outlines the rights and responsibilities of Employees in relation to their use
of
State Trustees’ Communications Devices.
78.1.3 “Communications Devices” includes but is not limited to:
telephones;
electronic mail (email);
internet;
facsimiles; and
pagers.
78.2 General Guidelines on Use of State Trustees’ Communication Devices
78.2.1 Employees are permitted to use State Trustees’ Communications Devices for non-
business use during business hours both internally and externally provided that this is
not detrimental to their job responsibilities or in breach of company policy.
78.2.2 Monitoring of communication devices may occur to ensure there are no criminal
offences committed or serious unsatisfactory work performance and/or misconduct
offences.
78.2.3 The right of Employees to use State Trustees’ Communications Devices is subject to
the following conditions:
78.2.4 Use must be lawful and not include defamatory or libellous statements.
78.2.5 Devices shall not be used as a means of sexually harassing other members of staff.
Devices are not to be used for sending offensive comments based on an individual’s
gender, age, sexuality, race, disability or appearance.
78.2.6 It is not permitted knowingly to access web sites with pornographic material, or those
which promote or encourage racism, intolerance and/or any offensive or inappropriate
a)
b)
c)
d)
e)
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material.
78.2.7 Employees should not use State Trustees’ Communications Devices for the purposes of
subscribing to and accessing fee-based services that will be for personal use only.
78.2.8 Use must not be for outside business related activities
78.2.9 State Trustees will provide all Employees with access to the email and IT policy
regarding
use of State Trustees’ Communications Devices.
79 PROTECTION, WORKPLACE RELATIONS TRAINING AND FACILITIES
79.1 Protection
79.1.1 An Employee shall not be dismissed in their employment or have their employment
altered to their prejudice or be threatened with prejudicial or injurious treatment or
with dismissal by reason of their status as an Accredited Representative of a union,
engagement in lawful activities as an authorised representative of a union or on the
basis of their membership or association with a union, or participation in lawful union
activities.
79.1.2 State Trustees shall not injure a person in their employment or alter the terms or
conditions of employment of a person to their prejudice on the basis of their
membership of or participation in the lawful activities of a union.
79.1.3 An Employee shall not be dismissed in their employment or have their employment
altered to their prejudice or be threatened with prejudicial or injurious treatment or
with dismissal by reason of their non-membership of a trade union.
79.2 Workplace Relations Training
79.2.1 Employees are entitled to be represented by their nominated representative in
relation to matters arising under this Agreement. Employees who are nominated
representatives, including Employees who may be representatives of the CPSU, will be
provided with reasonable time to attend representative meetings and functions,
including representing Employees and participating in consultations or bargaining
activities. Time release will include reasonable time to travel to representative
meetings and activities. Such time off will not unduly affect State Trustees’ operational
requirements.
79.2.2 Employee representatives nominated by an authorised representative of their
organisation will be entitled to a half day per month to attend representative
meetings. Time release will include reasonable time to travel to the meetings.
79.2.3 Additional paid leave will be granted to Employee representatives who are nominated
by an authorised representative of their organisation to attend national meetings of
the organisation, including Australian Council of Trade Unions’ triennial conference.
79.2.4 An Employee nominated as an Employee representative will be granted paid leave to
attend training in industrial relations, occupational health and safety, safe work
practices, knowledge of agreements, awards and other industrial entitlements and
upgrading of Employees’ skills in all aspects of Employee representative functions,
including trade union functions.
79.2.5 State Trustees will not unreasonably refuse the granting of paid leave provided for in
this clause and such leave will be granted providing the granting of such leave will not
unduly affect State Trustees operational requirements.
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79.3 Facilities for Employee Representatives
79.3.1 Employees will be allowed reasonable access to electronic communication devices to
facilitate communication between Employees and Employee representatives, who may
be a representative of the CPSU, provided that such communication is not offensive or
improper.
80 SUPPORTED WAGE SYSTEM
80.1 In the event that State Trustees Limited requires to apply the Supported Wage System for an
Employee, State Trustees Limited will apply the award term.
81 FACILITIES AND EQUIPMENT
81.1 State Trustees will provide Employees with all such instruments, equipment, tools, stationery
and furniture as may be reasonably necessary for carrying out their work except as otherwise
agreed between the parties to this Agreement.
81.2 State Trustees shall provide, in readily accessible locations, first aid equipment adequate for the
nature of the Employee’s duties.
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SIGNATORIES TO THIS AGREEMENT
For and on behalf of State Trustees Limited
Name in full (printed):
Signature:
Position/Authority to sign:
Representative’s address:
Date:
Witnessed By:
Name in full (printed):
Address:
Title:
Signature:
Date:
For and on behalf of the CPSU
Name in full (printed):
Signature:
Position/Authority to sign:
Representative’s address:
Date:
Witnessed By:
Name in full (printed):
Address:
Title:
Signature:
Date:
JOHN VELEGRINIS
CHIEF EXECUTIVE OFFICER
1 MCNAB AVENUE FOOTSCRAY VICTORIA 3011
WAYNE TOWNSEND
ASSISTANT SECRETARY VICTORIAN BRANCH
LEVEL 4,128 EXHIBITION STREET MELBOURNE 3000
15 NOVEMBER 2021
TERRI CARR
LEVEL 4,128 EXHIBITION STREET MELBOURNE 3000
INDUSTRIAL OFFICER
15 NOVEMBER 2021
16 NOVEMBER 2021
16 NOVEMBER 2021
1 MCNAB AVENUE FOOTSCRAY VICTORIA 3011
ANDREW TENNANT
GENERAL MANAGER
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IN THE FAIR WORK COMMISSION
FWC Matter No.:
AG2021/8386
Applicant:
State Trustees Limited
Undertaking- section 190
I, Tim Boyd, Head of People and Culture for State Trustees Limited give the following
undertakings with respect to the State Trustees Limited Enterprise Agreement 2021 ("the
Agreement"):
1. I have the authority given to me by State Trustees Limited to provide this undertaking
in relation to the application before the Fair Work Commission.
2. Trainees engaged under Clause 31, will be classified in State Trustees Level 1, and
receive the Agreement benefits, breaks, notice and other entitlements.
3. In the event that State Trustees Limited applies the Supported Wage Scheme provided
for in Clause 80, an employee’s pay rate will be derived from the Agreement. An
employee on a Supported Wage Scheme will receive the Agreement benefits and
entitlements.
Employer name: State Trustees Limited
Authority to sign: Head of People and Culture
Signature:
Date: 02/12/2021
state
trustees
State Trustees Limited
ABN 68 064 593 148
AFSL No. 238037
GPO BOX 1461
Melbourne, VIC 3001
T 1300 138 672
www.statetrustees.com.au
DX320425 Melbourne
Tim Boyd
state State Trustees Limited GPO BOX 1461 T 1300 138 672 trustees ABN 68 064 593 148 Melbourne, VIC 3001 www.statetrustees.com.au AFSL No. 238037 DX320425 Melbourne
