Accident Compensation Conciliation Service Enterprise Agreement 2021-2025

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Fair Work Act 2009 
s.185—Enterprise agreement

Accident Compensation Conciliation Service
(AG2021/8687)

ACCIDENT COMPENSATION CONCILIATION SERVICE 
ENTERPRISE AGREEMENT 2021-2025

State and Territory government administration

COMMISSIONER O'NEILL MELBOURNE, 20 DECEMBER 2021

Application for approval of the Accident Compensation Conciliation Service Enterprise 
Agreement 2021-2025

[1] Accident Compensation Conciliation Service has applied for approval of an enterprise 
agreement known as the Accident Compensation Conciliation Service Enterprise Agreement 
2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 
2009 (the Act) and is a single enterprise agreement.

[2] The Employer notified employees of the time, place, and voting method on 10 
November 2021. The vote occurred on 16 November 2021. Employees were therefore not 
informed of the voting details at the start of the access period as required by s.180(3) of the Act. 
However, I am satisfied that the Agreement would have been genuinely agreed to but for the 
minor procedural departure from the requirements of s.180(3), and that the employees covered 
by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I 
exercise the discretion conferred by s.188(2) of the Act.

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

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements 
of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The CPSU, 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.

[6] I observe that the following provisions are likely to be inconsistent with the National 
Employment Standards (NES): 

[2021] FWCA 7142

DECISION


AUSTRALIA FairWork Commission








[2021] FWCA 7142

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 Clause 28.3 – Notice of Termination by Employee; and
 Clause 50.2 – Personal Leave.

However, noting the undertaking given by the Employer, I am satisfied the more beneficial 
entitlements of the NES will prevail where there is an inconsistency between the Agreement 
and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
27 December 2021. The nominal expiry date of the Agreement is 1 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

AE514307  PR736804


O MISSION THE SEAI ACOTRALIA S THE FAIR WORK




 



[2021] FWCA 7142

3

Annexure A


IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/8687 Applicant: Accident Compensation Conciliation Service Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, John Brennan, General Manager - People and Culture, have the authority given to me by the Accident Compensation Conciliation Service to give the following undertaking with respect to the Accident Compensation Conciliation Service Enterprise Agreement 2021-2025 ("the Agreement"): 1. The Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. This undertaking is provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature 15/12/2021 Date




 



 

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ACCIDENT COMPENSATION 
CONCILIATION SERVICE 

ENTERPRISE AGREEMENT 
2021-2025 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In the spirit of reconciliation, Accident Compensation Conciliation Service acknowledges the Traditional Custodians 

of country throughout Australia and their connections to land, sea and community. We pay our respect to their 

Elders past, present and emerging and extend that respect to all Aboriginal and Torres Strait Islander peoples today. 

 


ACCS Accident Compensation Conciliation Service




 

steele
Undertaking



 

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1. Table of Contents 

  

1. Table of contents 2 

Part 1 - Application and Operation of Agreement 4 

2. Title 4 

3. Definitions 4 

4. Commencement and Period of Operation 6 

5. Application and Parties Covered  6 

6. Relationship with Other Awards and Agreements  7 

7. Objectives of the Agreement  7 

8. No Extra Claims  7 

9. Access to Agreement  7 

Part 2 - Hours of Work and Working Arrangements  7 

10. Hours of Work 7 

11. Overtime 9 

12. Workload 11 

13. Right to Request Flexible Working Arrangements 12 

14. Working from Home  13 

15. Retirement and Succession Planning 14 

16. Individual Flexibility Arrangements 14 

17. Provision and Use of Facilities, Equipment and Tools 15 

Part 3 - Communication, Consultation and Dispute Resolution 15 

18. Implementation of Change 15 

19. Consultation on Changes to Rosters or Hours of Work 17 

20. Redeployment 18 

21. Consultation Forum 19 

22. Resolution of Disputes 19 

Part 4 - Employment Relationship and Related Arrangements 22 

23. Gender Equality 22 

24. Recruitment and Selection 25 

25. Probation 25 

26. Performance and Development 25 

27. Disciplinary Action 26 

28. Termination of Employment 28 

Part 5 - Classifications, Salary, Allowances and Related Matters 29 

29. Categories of Employment and Entitlements 29 

30. Classification 32 

31. Salaries and Progression 32 

32. Top of the Band Payment 32 

33. Flexibility and Agility Payment Principles 33 

34. Patience in Bargaining Payment 34 

35. Allowances 35 

36. Reimbursement of Expenses 37 

37. Use of Personal Motor Vehicles 37 

38. Payment of Salaries 38 

39. Salary Packaging 38 

40. Deferred Salary Scheme 38 


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41. Superannuation 39 

42. Accident Make-up Pay 40 

43. Cost of Employment Related Legal Proceedings 41 

Part 6 - Leave of Absence and Public Holidays 41 

44. Public Holidays 41 

45. Christmas Shutdown 42 

46. Leave Without Pay 43 

47. Annual Leave 43 

48. Annual Leave Management 45 

49. Purchased Leave Scheme 45 

50. Personal Leave 46 

51. Family Violence Leave 48 

52. Compassionate Leave 49 

53. Infectious Diseases Leave 50 

54. Sick Leave Pool 50 

55. Blood Donor Leave 50 

56. Jury Service 50 

57. Cultural and Ceremonial Leave 51 

58. Voluntary Community Activities Leave 52 

59. Australian Defence Reserve Leave 54 

60. Military or Defence Reserve Sick Leave 54 

61. Study Leave 54 

62. Parental Leave 55 

63. Surrogacy Leave 66 

64. Foster and Kinship Care Leave 68 

65. In Vitro Fertilisation Leave 69 

66. Gender Transition Leave 70 

67. Long Service Leave  71 

68. Workplace Relations and OH&S Training Leave 73 

69. Employee Representation on CPSU SPSF Victorian Branch Council 74 

Part 7 - Health and Safety, Wellbeing, Union Representatives and Related Matters 74 

70. Occupational Health and Safety 74 

71. Designated Work Groups 75 

72. Critical Incident Responses 76 

73. Anti-Bullying and Violence at Work 77 

74. Anti-Gendered Violence at Work 77 

75. Anti-Discrimination, and Workplace Diversity 78 

76. Diversity and Inclusion 79 

77. Union Representatives 79 

78. Protection and Facilities for Union Officers 80 

79. Union Official Right of Entry  80 

SCHEDULE 1 - Salaries 81 

Pay Structure                              81  

SCHEDULE 2 – Transitional Arrangements for Conciliation Officers 83 

Signature of Persons Authorised to Sign the Agreement 84 

 

 








 

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Part 1 – Application and Operation of Agreement 

 
2. Title 

 

This Agreement will be known as the Accident Compensation Conciliation Service 

Enterprise Agreement 2021-2025. 

 

3. Definitions 

 

"Accident pay" means a weekly payment of an amount representing the difference 

between the total amount of compensation received by an Employee and their 

ordinary rate of pay. 

“ACCS” refers to Accident Compensation Conciliation Service or its successor 

organisation. 

“Accredited Representative of the Union” means an officer or Employee of the 

Union or a workplace delegate accredited by an authorised officer of the Union. 

“Agreement” means the Accident Compensation Conciliation Service Enterprise 

Agreement 2021-2025.  

"Child" unless otherwise defined means: 

(a) Someone who is child of the Employee within the meaning of the Family 

Law Act 1975 (Cth) (or its successor), and 

(b) An adopted child or step-child of the person. 

It doesn’t matter whether the child is an adult.  

“Commencement Date” seven days after the Agreement is approved by FWC.  

“Continuous Service” is work for the Employer on a regular and systematic basis 

(including any period of authorised leave). 

“CPSU” refers to Community and Public Sector Union. 

"De Facto Partner" means: 

(a) A person who, although not legally married to the Employee, lives with the 

Employee in a relationship as a couple on a genuine domestic basis 

(whether the Employee and the person are of the same sex or different 

sexes); and 

(b) Includes a former De Facto Partner of the Employee.  

"Executive Contract" means a contract offered to an Employee in an executive role, 

including those made in accordance with Public Entity Executive Remuneration 

requirements. 

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

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

successor). 

"FW Act" means the Fair Work Act 2009 (Cth) (or its successor). 








 

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"FWC" means Fair Work Commission (or its successor). 

“Pay Structure” is set out in Schedule 1. 

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

a Union covered by this Agreement. 

"Immediate family" means a partner (including the Employee's former partner), de 

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

child, parent, grandparent, grandchild or sibling of a partner or de facto partner of the 

Employee. 

"NES" means the National Employment Standards under the FW Act, or its 

successor. 

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

"Official" of a Union means a person who holds an office in, or is an Employee of, the 

Union. 

"OH&S" means Occupational Health and Safety. 

“OHS Act” means the Occupational Health and Safety Act 2004 (Vic) (or its 

successor). 

“Partner” includes a spouse, de facto partner, former partner, or former de facto 

partner. 

"Recognised Prior Service" means service of an Employee prior to commencement 

with the Employer with: 

(a) A State, Commonwealth or Territory of Australia Government Department or 

Public Service authority; 

(b) A public entity under the Public Administration Act 2004 (Vic) (or its 

successor); or 

(c) A local governing body that is established by or under a law of Victoria; 

Which is recognised by the Employer as service with the Employer for the purposes of 

Long Service Leave. 

Notwithstanding the above, the Employer may recognise any service with a public 

sector authority or local governing body of the Commonwealth, a State other than 

Victoria or a Territory of Australia where a written reciprocal arrangement is in place.  

"Registered medical practitioner" means a person registered under the Health 

Practitioner Regulation National Law (Vic) Act 2009 (or its successor). 

"Salary'' means the wage or salary rate, including all on-going progression payments, which an 
Employee receives in the normal course of their duty; provided that Salary does not include 
any payment for overtime, shift Work, stand-by, travelling allowance, incidental expenses or any 
payment of a temporary character. 

"Union" means the Community and Public Sector Union (CPSU). 

 

 

 

 








 

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4. Commencement and Period of Operation 

 

This Agreement comes into effect seven days after it is approved by FWC and 

will have a nominal expiry date of 1 March 2025. 

 

Renegotiation Period 

(a) With the aim of avoiding protracted negotiations for a new Agreement, the 

Union and the Employer agree to a renegotiation period. The renegotiation 

period will be from 1 September 2024 until 1 February 2025. The aim of the 

renegotiation period is to permit a new Agreement to be reached prior to the 

nominal expiry date of this Agreement. 

(b) To meet this objective, the Union and the Employer agree that: 

(i) Each will provide any proposals for change to the Agreement by 1 

September 2024; and 

(ii) They will meet regularly to progress negotiations in good faith. Small 

working groups may be established to examine particular areas of 

disagreement; and 

(iii) The person/s responsible for negotiating will bring with them the 

necessary authority to finalise an Agreement; and  

(iv) If agreement is not reached by 1 December 2024, 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; and 

(v) Should conciliation be sought, then the Parties to the conciliation may 

agree to an extension to the renegotiation period. 

(c) During this period the Union and the Employer will not act in a manner that 

is designed to frustrate good faith bargaining. 

 

5. Application and Parties Covered 

 

5.1 This Agreement applies to and covers: 

(a) ACCS (the Employer); 

(b) All Employees of ACCS whose employment is subject to this Agreement at 

any time this Agreement is in operation; and 

(c) The CPSU as bargaining representative for this Agreement and that has 

notified FWC that it wishes to be covered by this Agreement. 

5.2 Employees employed under an Executive Contract with the Employer are 

excluded from the operation of all provisions of this Agreement. 

 

 

 








 

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6. Relationship with other Awards and Agreements 

 

6.1 This Agreement operates to the exclusion of all previous awards and replaces all 

previous Enterprise Agreements in respect of the Employees. 

6.2 No Employee will, on balance, have their overall pay and conditions reduced as a 

result of making of this Agreement. 

6.3 There will be no reduction of an Employee’s accrued entitlements as a result of 

making this Agreement.  

 

7. Objectives of the Agreement 

 

7.1 The aim of this Agreement is to set out the terms and conditions of employment of 

Employees covered by this Agreement and support the organisation in delivering 

effective and efficient alternative dispute resolution outcomes for Victorian 

workers and Employers within the Workers’ Compensation Scheme. 

7.2 The Parties to this Agreement agree that an efficient and productive workplace is 

one in which careful attention to Employee health, safety and wellbeing is given 

and where there is effective consultation and communication on matters with the 

potential to impact upon the workforce. 

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

work, and maximises Employees' opportunity to reach their full potential through a 

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

and processes should be fair and equitable for all Employees. 

 

8. No Extra Claims 

 

The Parties to this Agreement agree that there will be no extra claims during the 

life of this Agreement. 

 

9. Access to Agreement 

 

A copy of this Agreement, once approved, will be readily available and accessible 

to all Employees on the Employer’s intranet and hard copies, for reference, will be 

always available on the notice boards. An electronic copy will be included in the 

new Employee’s information pack. 

 

Part 2 – Hours of Work and Working Arrangements 

 
10. Hours of Work 

 

10.1 Preamble 

The intent of this clause is to provide mechanisms for managers and Employees to 

balance flexibility, work demand and working hours. 








 

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10.2 Ordinary hours 

(a) The standard ordinary hours of work for a full time Employee shall be 76 hours 

over a two-week cycle, with the ordinary daily hours being 7.6, exclusive of a 

minimum 30-minute unpaid lunch break. 

(b) The span of ordinary hours for all Employees will be between 7am and 7pm, 

Monday to Friday. 

(c) An Employee is entitled to a minimum 30-minute unpaid meal break at the 

completion of every five hours worked. An Employee is entitled to a minimum 

break of 10 hours between shifts. 

(d) Subject to operational requirements and with local management approval, an 

Employee may enter into a flexible working hours arrangement. 

10.3 Flex time 

(a) Subject to operational requirements and the approval of local management, full 

time and part time Employees, up to and including Band 8, may enter into a flex 

time arrangement. 

(b) The span of ordinary hours for an Employee on flexible hours is 7am to 7pm, 

Monday to Friday, with a lunch break of a minimum of 30 minutes and maximum 

of two hours. 

(c) The usual ordinary hours of work shall not exceed 38 hours per week. 

(d) The maximum number of flexible hours to be worked by a full time Employee in 

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

(e) An Employee on flexible hours will record all hours worked in each two-week 

period and submit timesheets to the Employee’s manager for approval. An 

Employee will be taken to have worked those hours upon the timesheet being 

duly signed by the local manager. 

(f) An Employee's accumulated credit hours may be carried forward up to a 

maximum of 20 credit hours. Employees and their managers should ensure that 

they monitor accrual of flex time as the accrual approaches 20 hours. 

(g) Where an Employee works in excess of 20 credit hours in two successive two 

week periods, the Employee: 

(i) May be taken off flexible hours and be given a fixed 76 ordinary hours per 

fortnight within the ordinary span of hours in clause 10.2(b). All time in 

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

(prior to being worked) and be paid as overtime or taken as time in lieu on 

the basis of hour for hour; and 

(ii) The credit hours accrued before the reversion will be taken at an agreed 

time (or in agreed periods) to bring the credit balance back to nil. Only once 

the balance has been returned to nil and any issues that were driving the 

need for excessive hours have been resolved, would an application by the 

Employee to return to flexible working hours be considered. 

 

 








 

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10.4 Time off in lieu  

The Employer may grant time off to Employees who are not eligible for flex time 

where they work beyond their ordinary hours. 

 

11. Overtime 

 

11.1 Requirement to work reasonable overtime 

(a) The Employer may require an Employee to work reasonable overtime. 

(b) An Employee may refuse to work overtime where the working of such overtime 

would result in the Employee working hours which are unreasonable having 

regard to: 

(i) Any risk to the Employee's health and safety; 

(ii) The Employee's personal circumstances, including family responsibilities; 

(iii) The needs of the workplace; 

(iv) Any notice given by the Employer of any request or requirement to work the 

additional hours and any notice given by the Employee of their intention to 

refuse to work the additional hours; 

(v) The nature of the Employee's role, and the Employee's level of 

responsibility; and 

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

(c) Subject to the provisions of clause 10, Hours of work, an Employee will be paid 

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

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

(i) Outside of the ordinary hours as provided in clause 10.2; and 

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

(d) Employees on flex time are not entitled to overtime for hours worked inside the 

span of ordinary hours, unless the hours worked by direction exceeds nine and 

a half hours per day. 

11.2 For Employees who are directed to work on public holidays: 

(a) Monday to Friday, when the time worked does not exceed the ordinary daily 

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

ordinary time being paid for the public holiday; 

(b) Monday to Friday, when the time worked is in excess of the ordinary daily 

hours, the rate will be double time and a half of the ordinary rate for the time 

worked in excess of the normal daily hours of duty; 

(c) Saturday or Sunday, when no other day is proclaimed as a public holiday and is 

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

ordinary rate. 

11.3 Calculation of overtime rates 

(a) The minimum payment at the overtime rates as listed in clauses 11.1(c) and 

11.2(a) is three hours. 








 

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

Employee's actual fortnightly gross salary divided by 76. 

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

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

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

(d) An Employee in receipt of a salary up to a maximum of Band 8 who is directed 

to work overtime may elect to be paid overtime instead of flex time under 

clause 10.3. 

(e) Overtime may be paid to Employees in receipt of a salary in Bands 9, 10, to 

meet operational requirements and at the approval of the relevant Executive 

Leadership Team member. 

(f) No overtime payments will be made to an Employee at Band 11, Band 12 or 

Band 13. 

(g) At the consent of the Employer, an Employee who is eligible for overtime 

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

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

hour of overtime worked. 

11.4 Meal breaks 

(a) Employees who are required to work overtime for two or more hours 

immediately following their normal working hours will be entitled to take a meal 

break of at least 30 minutes and will be paid a meal allowance in accordance 

with clause 35.4. 

(b) If an Employee works four hours of continuous overtime, they will be entitled to 

take a meal break and be paid a meal allowance for each subsequent four hours 

of overtime they work. 

(c) An Employee who is required to: 

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

(ii) Work overtime on a Saturday, Sunday or public holiday; 

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

four continuous hours worked. For each subsequent four hours worked, the 

Employee is entitled to take a further meal break. 

11.5 Rest period 

(a) An Employee who has not had at least 10 consecutive hours off duty between 

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

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

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

(b) When an Employee is working flex time under the provisions of clause 10.3, 

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

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

established practice, the ordinary starting time will be deemed to be 9am. 

(c) An Employee who does not have 10 consecutive hours break between ordinary 

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








 

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

least 10 consecutive hours. The Employee will not lose pay for ordinary working 

time that falls during such absence. 

11.6 Child care reimbursement for unscheduled overtime 

Where an Employee is required by the Employer to work unscheduled overtime with less 

than 24 hours' notice beyond their ordinary hours of work, and as a consequence, they 

incur additional childcare expenses, then the Employee's reasonable childcare expenses 

will be reimbursed. Evidence of the expense incurred by the Employee must be provided 

to the Employer as soon as possible after the overtime is worked in order to be 

reimbursed. 

 

12. Workload 

 

12.1 The Employer acknowledges the benefits to both the organisation and individual 

Employee gained through Employees having a balance between both their 

professional and family life. 

 

12.2 The Employer further recognises that the allocation of work must include 

consideration of the Employee’s hours of work, health, safety and welfare. Work will 

be allocated so that there is not an allocation that routinely requires work to be 

undertaken beyond an Employee’s ordinary hours of work. 

 

12.3 An Employee or group of Employees may request a review of their workload if they 

believe the workload is unreasonable. The request must be made in writing and set 

out details of the workload of the Employee or group of Employees and the reasons 

why the workload is considered unreasonable. 

 

12.4 On receipt of a request by an Employee or group of Employees under this clause, 

the Employer must give the Employee a written response within 21 days, stating 

whether the Employer agrees to or refuses the request.   

 

12.5 If the Employer refuses the request for a review, the written response under clause 

12.4 must include details of the reasons for the refusal. 

 

12.6 If the Employer agrees to the request, a review of the workload of the Employee or 

group of Employees will be conducted.  

 

12.7 Following the completion of the review, the Employee or group of Employees and 

the Employer will agree on any necessary adjustments that are required to be 

implemented to ensure the workload for the Employee or group of Employees is 

reasonable. 

 

12.8 To assist with an Employee or group of Employees workload issues and concerns, 

the Employer will ensure prompt filling of vacancies and continuous workforce 

planning. 

 

 








 

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13. Right to Request Flexible Working Arrangements 

 

13.1 In accordance with and pursuant to section 65 of the FW Act, an Employee may 

request a change in their working arrangements on the basis of the following 

circumstances: 

(a) The Employee is the parent, or has responsibility for the care, of a child who 

is of school age or younger; 

(b) The Employee is a carer (within the meaning of the Carer Recognition Act 

2012 (Vic) or its successor); 

(c) The Employee has a disability; 

(d) The Employee is 55 or older; 

(e) The Employee is experiencing violence from a member of the Employee’s 

family; 

(f) The Employee provides care or support to a member of the Employee’s 

immediate family, or a member of the Employee’s household, who requires 

care or support because the member is experiencing violence from the 

member’s family. 

Changes in working arrangements includes, but is not limited to, changes in 

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

13.2 To avoid doubt, and without limiting clause 13.1, an Employee who: 

(a) Is a parent, or has responsibility for the care, of a child; and 

(b) Is returning to work after taking leave in relation to the birth or adoption of 

the child; 

May request to work part time to assist the Employee to care for the child. 

13.3 An Employee is not entitled to make a request under this clause unless the 

Employee has completed at least 12 months of continuous service with the 

Employer immediately before making the request.  

13.4 A request made under this clause must be made in writing and set out details of 

the change sought and the reasons for the change. 

13.5 Before responding to a request, the Employer must discuss the request with the 

Employee and genuinely try to reach agreement on a change in working 

arrangements that will reasonably accommodate the Employee’s circumstances 

having regards to: 

(a) The needs of the Employee arising from their circumstances; and 

(b) The consequences for the Employee if changes in working arrangements are 

not made; and  

(c) Any reasonable operational grounds for refusing the request. 

13.6 On receipt of a request by an Employee under this clause, the Employer must give 

the Employee a written response within 21 days, stating whether the Employer 

grants or refuses the request. 

13.7 The Employer may only refuse the request on reasonable operational grounds. 








 

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13.8 Without limiting what are reasonable operational grounds for the purposes of 

clause 13.7, reasonable operational grounds include the following: 

(a) That the new working arrangements requested by the Employee would be too 

costly for the Employer; 

(b) That there is no capacity to change the working arrangements of other 

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

arrangements requested by the Employee; 

(c) That it would be impractical to change the working arrangements of other 

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

arrangements requested by the Employee; 

(d) That the new working arrangements requested by the Employee would be 

likely to result in a significant loss in efficiency or productivity; 

(e) That the new working arrangements requested by the Employee would be 

likely to have a significant negative impact on service. 

13.9 If the Employer refuses the request, the written response under clause 

13.6 must include:  

(a) Details of the reasons for the refusal, including the operational grounds or 

ground for the refusal and how the ground or grounds apply; and  

(b) Whether or not there are any changes in working arrangements that the 

Employer can offer the Employee so as to better accommodate the 

Employee’s circumstances; and 

(c) If the Employer can offer the Employee such changes in working 

arrangements, set out those changes in working arrangements. 

 

13.10 If the Employer and the Employee reached an agreement under clause 13.9 on a 

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

Employee, the Employer must provide the Employee with a written response to 

their request setting out the agreed change or changes in working arrangements.  

 

14. Working from Home 

 

14.1 Where it is determined by the Employer to be appropriate and where it can be 

demonstrated as consistent with operational needs, home based working 

arrangements may be agreed between the Employer and an Employee on a case by 

case basis. Such arrangements must comply with OH&S requirements as per 

clause 70. 

14.2 Where an Employee enters a working from home arrangement, the Employee and 

the Employer must ensure that a suitable working environment is available at the 

home and that the working from home arrangement is not a substitute for dependant 

care. 

14.3 During the life of the Agreement, the Parties agree to review working from home 

arrangements taking into account the experience gained during the Coronavirus 

(COVID-19) pandemic.  








 

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15. Retirement and Succession Planning 

 

15.1 An Employee may elect to provide six to 24 months' notice of their intention to 

retire. The purpose of this election is to allow an Employee and the Employer an 

opportunity to discuss current and future employment options. These options may 

include confirming retirement plans, continuing work, more flexible work 

arrangements, succession planning, moving to a different role and pre-retirement 

planning. The Employer will provide a timely and transparent decision on all 

requested employment options. 

15.2 An Employee electing to provide notice of their intention to retire may, with the 

approval of their manager, enter into a phased retirement plan which may include 

a leave plan. In support of such leave plans, Employees may access individual 

days of any accrued long service leave. 

15.3 The early notification of retirement as per clause 15.1 may enable the provision of 

retirement planning and financial counselling support. This early support will be 

granted at the Employers discretion and will not be unreasonably withheld. 

15.4 The Employer recognises that Employee retirement has the potential for the 

organisation to lose valued skills, knowledge and experience. While retirement 

planning will assist in managing potential losses, the Employer recognises the 

benefits of maintaining a professional working relationship. This includes directly 

appointed post retirement re-employment. 

15.5 The Employer retains the discretion to offer re-employment, including fixed term 

employment, to retired Employees on approval from the relevant Manager from 

People and Culture, as per clause 29.4, use of fixed term employment. 

 

16. Individual Flexibility Arrangements 

 

16.1 The Employer and an Employee covered by this Agreement may agree to make an 

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

(a) The arrangement deals with: 

(i) Span of hours of work 

(b) The arrangement meets the genuine needs of the Employer and the Employee 

in relation to the matter mentioned in clause 16.1(a); and 

(c) The arrangement is genuinely agreed to by the Employer and the Employee. 

16.2 The Employer must ensure that the terms of the individual flexibility arrangement: 

(a) Are about permitted matters under section 172 of the FW Act; 

(b) Are not unlawful terms under section 194 of the FW Act; and 

(c) Result in the Employee being better off overall than the Employee would be if no 

arrangement was made. 

16.3 The Employer must ensure that the individual flexibility arrangement: 

(a) Is in writing; 








 

15 
 

(b) Includes the name of the Employer and the Employee; 

(c) Is signed by the Employer and the Employee and if the Employee is under 18 

years of age, signed by a parent or guardian of the Employee; 

(d) Includes details of: 

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

(ii) How the arrangement will vary the effect of the terms; 

(iii) How the Employee will be better off overall in relation to the terms and 

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

and; 

(e) States the day on which the arrangement commences. 

16.4 The Employer must give the Employee a copy of the individual flexibility 

arrangement within 14 days after it is agreed to. 

16.5 The Employer or the Employee may terminate the individual flexibility arrangement: 

(a) By giving no more than 28 days written notice to the other party to the 

arrangement; or if the Employer and the Employee agree in writing - at any 

time. 

 

17. Provision and Use of Facilities, Equipment and Tools 

 

17.1 The Employer shall provide Employees with such facilities, equipment and tools, as 

may be reasonably necessary for carrying out their work, except as otherwise 

agreed between the Parties. 

17.2 Some incidental personal use of electronic communication devices is allowed where 

it is not detrimental to the Employee's job responsibilities and is within reasonable 

usage limits. 

17.3 The Employer undertakes that e-mail will not be routinely read or monitored. E-mail 

will be monitored and retrieved only if the Employer is legally obliged to do so or has 

reasonable cause to believe that an Employee has committed a criminal offence or 

serious disciplinary offence.   

 

Part 3 – Communication Consultation and Dispute Resolution 

18. Implementation of Change 

18.1 Where the Employer has developed a proposal for major change likely to have a 

significant effect on Employees, such as a restructure of the workplace, the 

introduction of new technology or changes to existing work practices of 

Employees, the Employer will advise: 

(a) The relevant Employees and the Union of the proposed change as soon as 

practicable after the proposal has been made; and 

(b) The relevant Employees and the Union of the likely effects on Employees’ 








 

16 
 

working conditions and responsibilities; and  

(c) Of the rationale and intended benefits of any change, including 

improvements to productivity, if applicable.  

18.2 For the purpose of this clause, a major change is likely to have significant 

effect on Employees if it results in:  

(a) The termination of the employment of Employees; or  

(b) Major change to the composition, operation or size of the Employers 

workforce or to the skills required of Employees; or  

(c) The elimination or diminution of job opportunities (including opportunities for 

promotion or tenure); or  

(d) The alteration of hours of work; or  

(e) The need to retrain Employees; or  

(f) The need to relocate Employees to another workplace; or  

(g) The restructuring of jobs. 

18.3 Relevant Employees means the Employees who may be affected by a change 

referred to in clause 18.1, as applicable. 

18.4 The Employer will: 

(a) Regularly consult with relevant Employees and the Union; and 

(b) Give prompt consideration to matters raised by the Employees or the Union; 

and  

(c) If appropriate provide training for the Employees to assist them to integrate 

successfully into the new structure.  

18.5 In accordance with this clause, the relevant Employees and/or the Union may 

submit alternative proposals which will meet the indicated rationale and benefits of 

the proposal.  

(a) 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.  

(b) If such as proposal is made the Employer must give considered reasons to the 

affected Employees and the Union covered by this Agreement if the Employer 

does not accept its proposals.  

(c) Indicative reasonable timeframes are set out below. The steps, timeframes and 

the extent of consultation in each case will: 

(i) Be commensurate with the scale of the proposed major change and the 

likely significant effect for Employees. 








 

17 
 

 

 

Step in process 
Number of working days in which to 

perform each step 

Employer advises Employees and relevant Union 

covered by this Agreement 
 

Response from Employees or the relevant Union 

covered by this Agreement 

5 days following receipt of written 

advice from Employer 

Meeting convened (if requested) 5 days following request for meeting 

Further Employer response (if relevant) 5 days following meeting 

Alternative proposal from Employees or relevant 

Union covered by this Agreement (if applicable) 

10 days following receipt of Employer 

response 

Employer response to any alternative proposal 
10 days following receipt of alternative 

proposal 

18.6 Any dispute concerning the Parties’ obligations under this clause will be dealt 

with in accordance with clause 22, Resolution of Disputes.  

 

19. Consultation on Changes to Rosters or Hours of Work  

 

19.1 This clause applies if the Employer proposes to introduce a change to the regular 

roster or ordinary hours of work of Employees. 

19.2 The Employer must notify the relevant Employees of the proposed change. Relevant 

Employees means the Employees who may be affected by a change referred to in 

clause 19.1.  

19.3 The relevant Employees may appoint a representative for the purposes of the 

procedures in this clause.  

19.4 The Employer must recognise the representative appointed by a relevant Employee(s) 

if: 

(a) A relevant Employee appoints, or relevant Employees appoint, a representative, 

which may include the CPSU, for the purposes of consultation; and 

(b) The Employee or Employees advise the Employer of the identity of the 

representative.  

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

(a) Discuss with the relevant Employees the introduction of the change; and 

(b) For the purposes of the discussion, provide to the relevant Employees: 

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

and 








 

18 
 

(ii) Information about what the Employer reasonably believes will be the effects of 

the change on the Employees; and 

(iii) Information about any other matters that the Employer reasonably believes 

are likely to affect the Employees; and 

(c) 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). 

19.6 However, the Employer is not required to disclose confidential or commercially 

sensitive information to the relevant Employees. 

19.7 The Employer must give prompt and genuine consideration to matters raised about the 

change by the relevant Employees.  

 

20. Redeployment 

 

20.1 Where a decision is made by the Employer which will result in a change to the way 

work is carried out or will result in a change which means work is no longer being 

performed, and as a result of the change, an Employee's position becomes excess 

to requirements, consultation with the Employee will occur to endeavour to redeploy 

the Employee to another position if a suitable vacancy exists. 

20.2 The Victorian Government's policy in relation to public sector redeployment is set 

out in the Public Sector Industrial Relations Policies 2015 (or its successor). The 

policy applies to the Employer, but does not form part of this Agreement. 

20.3 If the Employee is unsuccessful in being redeployed or appointed to a suitable 

position, they will be eligible for a retrenchment payment in accordance with the 

relevant Victorian Government policy as varied from time to time. This policy does 

not form part of this Agreement. 

20.4 "Suitable position" means a job that is classified at the same generic level of the 

Employee's substantive position, and where the Employee will be able to 

satisfactorily carry out the duties of that position with a reasonable amount of 

training. However, an Employee may request to be considered for a position at a 

lesser salary. 

20.5 Any Employee who has agreed to be appointed to a position with a lesser salary will 

be provided with salary maintenance for up to six months following their 

appointment. 

20.6 This clause does not apply to: 

(a) Employees terminated as a consequence of serious misconduct that justifies 

dismissal without notice; 

(b) Probationary Employees; 

(c) Fixed term Employees; and 

(d) Casual Employees. 

20.7 The Employer will explore options for suitable positions in the event of 

redeployment, and will use their best endeavour to reach reciprocal transfer 

arrangements with appropriate other entities such as WorkSafe and TAC. 








 

19 
 

21. Consultation Forum 

 

21.1 ACCS and the CPSU commit to effective consultation to enable timely resolution of 

issues affecting ACCS and its employees. ACCS and the CPSU agree to maintain a 

regular consultative forum.  

 

21.2 This forum will be facilitated by People and Culture and attended by appropriate 

ACCS management and the CPSU or their nominated representative/s. The forum 

will: 

 

(a) Support and facilitate the effective implementation and monitoring of the 

operation of this Agreement; including 

(i) The development and introduction of a capability framework; and 

(ii) The development and implementation of a performance management 

framework. 

(b) Provide a forum to discuss any issues or concerns arising from the operation of 

this Agreement; and 

(c) Provide an opportunity for attendees to be informed about proposed business 

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

Employees; and 

(d) Afford an opportunity for consultation on matters affecting Employees; and 

(e) Regularly review workplace policies and address workplace matters through the 

forum. 

 

21.3 Standing Forum agenda items will include: 

(a) Alignment of resources and changes to pairing of Information Officers and 

Conciliation Officers; and  

(b) Staffing levels including expansion or contraction of FTE, introduction or 

reclassification of roles.  

 

22. Resolution of Disputes 

 

22.1 For the purposes of this clause 22, a dispute includes a grievance.  

22.2 Unless otherwise provided for in this Agreement, a dispute about a matter arising 

under this Agreement or the National Employment Standards set out in the FW 

Act, other than termination of employment, must be dealt with in accordance with 

this clause. To avoid doubt, a dispute about termination of employment cannot be 

dealt with under this clause.  

22.3 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. 

22.4 The Union may raise a dispute and be a party to a dispute in its own right or in a 

representative capacity for an Employee or group of Employees. 








 

20 
 

22.5 A person covered by this Agreement may choose to be represented at any stage 

by a representative, including a Union representative. 

22.6 Obligations 

(a) The Parties to the dispute and their representatives must genuinely attempt to 

resolve the dispute through the processes set out in this clause and must 

cooperate to ensure that these processes are carried out expeditiously. 

(b) While a dispute is being dealt with in accordance with this clause, work must 

continue in accordance with usual practice, provided that this does not apply 

to an Employee who has a reasonable concern about an imminent risk to their 

health or safety, has advised the Employer of this concern and has not 

unreasonably failed to comply with a direction by the Employer to perform 

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

(c) No person covered by this Agreement will be prejudiced as to the final 

settlement of the dispute by the continuance of work in accordance with this 

clause. 

22.7 Agreement and Dispute Settlement Facilitation  

(a) For the purposes of compliance with this Agreement (including compliance 

with this dispute settlement procedure) if the chosen Employee representative 

is another Employee of the Employer, they must be released by the Employer 

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: 

(i) Investigating the circumstances of a dispute or an alleged breach of this 

Agreement; or 

(ii) Endeavouring to resolve a dispute arising out of the operation of this 

Agreement; or  

(iii) Participating in conciliation, arbitration or any other agreed alternative 

dispute resolution process.  

(b) The release from normal duties referred to in this clause is subject to the 

proviso that it does not unduly affect the operations of the Employer.  

22.8 Discussion of Dispute 

(a) The dispute must first be discussed by the aggrieved Employee(s) with the 

immediate manager of the Employee(s). 

(b) If the dispute is not settled, the aggrieved Employee(s) can require that the 

dispute be discussed with another representative of the Employer appointed 

for the purposes of this procedure. 

22.9 Internal Process 

(a) If any party to the dispute who is covered by this Agreement refers the dispute 

to an established internal dispute resolution process, the matter must first be 

dealt with according to that process, provided that the process is conducted as 

expeditiously as possible and: 

(i) Is consistent with the rules of natural justice; and 








 

21 
 

(ii) Provides for mediation or conciliation of the dispute; and 

(iii) Provides that the Employer will take into consideration any views on who 

should conduct the review; and 

(iv) Is conducted with as little formality as a proper consideration of the 

dispute allows.  

(b) If the dispute is not settled through an internal dispute resolution process, the 

matter can be dealt with in accordance with the processes set out below. 

(c) If the matter is not settled either party to the dispute may apply to the FWC to 

have the dispute dealt with by conciliation.  

22.10 Dispute of a Collective Character 

(a) The Parties acknowledge that disputes of a collective character concerning 

more than one Employee may be dealt with more expeditiously by an early 

reference to the FWC.  

(b) No dispute of a collective character may be referred to the FWC directly unless 

there has been a genuine attempt to resolve the dispute at the workplace level 

prior to it being referred to the FWC.  

22.11 Conciliation 

(a) Where a dispute is referred for conciliation, a member of the FWC will do 

everything that appears to the member to be right and proper to assist the 

Parties to the dispute to agree on settlement terms. 

(b) This may include arranging: 

(i) Conferences of the Parties to the dispute presided over by the member; 

and  

(ii) For the Parties to the dispute to confer among themselves at conferences 

at which the member is not present.  

(c) Conciliation before the FWC will be regarded as completed when: 

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

the dispute; or 

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

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

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

conciliation will result in a settlement; or 

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

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

does not have substantial reason to refuse to regard the conciliation 

proceedings as completed.  

22.12 Arbitration 

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

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

by arbitration. 








 

22 
 

(b) If a member of the FWC has exercised conciliation powers in relation to the 

dispute, the member must not exercise, or take part in the exercise of, 

arbitration powers in relation to the dispute if a party to the dispute objects to 

the member doing so. 

(c) Subject to clause 22.12(d), the determination of the FWC is binding on the 

persons covered by this Agreement. 

(d) A determination of a single member of the FWC made pursuant to this clause 

may, with the permission of a Full Bench of the FWC, be appealed. 

22.13 General Powers and Procedures of the FWC 

 Subject to any agreement between the Parties in relation to a particular dispute and 

the provisions of this clause, in dealing with a dispute through conciliation or 

arbitration, the FWC may conduct the matter in accordance with Subdivision B of 

Division 3 of Part 5-1 of the FW Act.  

 

Part 4 – Employment Relationship and Related Arrangements 

 

23. Gender Equality  

23.1 Gender pay equity principles  

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

gender pay equity principles: 

(a) Establishing equal pay for work of equal or comparable value: Equal or 

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

responsibility and working conditions. This includes work of different types. 

(b) Freedom from bias and discrimination: Employment and pay practices are free 

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

(c) Transparency and accessibility: Employment and pay practices, pay rates and 

systems are transparent. Information is readily accessible and understandable. 

(d) Relationship between paid and unpaid work: Employment and pay practices 

recognise and account for different patterns of labour force participation by 

workers who undertake unpaid and/or caring work. 

(e) Sustainability: Interventions and solutions are collectively developed and agreed, 

sustainable and enduring. 

(f) Participation and engagement: Workers, Unions and Employers work 

collaboratively to achieve mutually agreed outcomes. 

23.2 Meaning of ‘Pay’ 

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

overtime payments, allowances and superannuation. 

 








 

23 
 

23.3 Commitment to collaborative approach to achieving gender pay equity 

The Employer will work collaboratively with Employees and the Union to identify, 

support and implement strategies designed to eradicate the gender pay gap, gender 

inequality and discrimination. 

23.4 Claims relating to systemic gender equality issues 

(a) A systemic gender equality issue means an issue of a systemic nature within the 

Employer, which adversely affects a class or group of Employees, relating to: 

(i) The gender composition of any or all workforce levels of the Employer; or 

(ii) The gender composition of governing bodies; or  

(iii) Equal remuneration for work of equal or comparable value across any or all 

workforce levels of the Employer, irrespective of gender; or  

(iv) Sexual harassment in the workplace; or  

(v) Recruitment and promotion practices in the workplace; or  

(vi) Availability and utilisation of terms, conditions and practices in the workplace 

relating to family violence leave, flexible working arrangements and working 

arrangements supporting Employees with family or caring responsibilities; or 

(vii) Gendered workplace segregation. 

(b) The Union and/or class or group of Employees (Claimant/s) may seek resolution 

of a dispute relating to a systemic gender equality issue (Claim) in accordance 

with this clause. 

(c) A Claim or Claims under this clause must be made in writing to the Employer.  

(d) In the first instance the Claim should include sufficient detail for the Employer to 

make a reasonable assessment of the nature of the Claim, the Employees 

impacted by the Claim and any proposals to resolve the Claim. 

(e) The Employer must meet and discuss the Claim with the Claimant prior to 

responding to the Claim.  

(f) The Employer must respond to the Claim in writing to the Claimant, within a 

reasonable time, including enough details in the response to allow the Claimant to 

understand the Employer’s response to each element of the Claim, including 

reasons why the Claim is accepted or rejected. 

(g) If the Claim is unable to be resolved between the Employer and the Claimant/s, 

either the Claimant/s or the Employer may refer the Claim to the Public Sector 

Gender Equality Commissioner (Commissioner) to deal with. 

(h) In dealing with a Claim, the Commissioner:  

(i) Must consider the Gender Pay Equity Principles; and 








 

24 
 

(ii) Must be objective and free from assumptions based on gender; and 

(iii) Must acknowledge that current pre-existing views, conclusions or 

assessments of comparable worth or value may not be free of assumptions 

based on gender; and 

(iv) Must ensure that skills, responsibilities, effort and conditions that are 

commonly undervalued such as social and communication skills, 

responsibility for wellbeing of others, emotional effort, cultural knowledge and 

sensitivity are considered; and 

(v) Must ensure that dispute resolution outcomes consider current or historical 

gender-based discrimination and do not further promote systemic 

undervaluation; and 

(vi) Must deal with the Claim in a manner that is independent of the Employer or 

the Claimant; and 

(vii) Must consider evidence that the Claim may not be isolated to the Employer 

subject to the Claim but may affect Employees from multiple employers or 

other public sector employers not covered by this Agreement; and 

(viii) May jointly deal with a Claim and any other dispute which has been referred 

to the Commissioner which relates to the same or similar systemic gender 

equality issues; and 

(ix) Must consider the views of the Claimant prior to jointly dealing with multiple 

Claims or disputes; and 

(x) May otherwise deal with the Claim in any way the Commissioner considers 

appropriate, consistent with the requirements of the Gender Equality Act 

2020 (Vic) (or its successor). This can include mediation, conciliation, making 

recommendations or offering opinions. 

(i) If a Claim is unable to be resolved by the Commissioner, either the Claimant or 

the Employer may refer the Claim to the FWC as a dispute of a collective 

character for resolution pursuant to clause 22.10 or 22.11. 

(j) The clause does not apply to any dispute regarding a matter or matters arising in 

the course of bargaining in relation to a proposed Enterprise Agreement.  

(k) A Claimant may choose to be represented at any stage by a representative, 

including a Union representative.  

(l) The Claimant and the Employer and their representatives must genuinely attempt 

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

cooperate to ensure that these processes are carried out expeditiously. 

(m) Whilst a Claim is being dealt with in accordance with this clause, work must 

continue in accordance with usual practice, provided that this does not apply to an 

Employee who has a reasonable concern about an imminent risk to their health or 

safety, has advised the Employer of this concern and has not unreasonably failed 








 

25 
 

to comply with a direction by the Employer to perform other available work that is 

safe and appropriate for the Employee to perform. No party will be prejudiced as 

to the final settlement of the Claim by the continuance of work in accordance with 

this clause. 

23.5 Gender Equality Action Plan  

The Employer will consult with the Union in the preparation of Gender Equality Action 

Plans under the Gender Equality Act 2020 (Vic) (or its successor). 

 

24. Recruitment and Selection 

 

24.1 The Employer is committed to a recruitment and selection process that: 

(a) Provides development and career opportunities to Employees; 

(b) Will be fair, transparent and communicated openly to all Employees; 

(c) Has a clear definition of requirements for specific positions; 

(d) Can clearly and accurately assess the required skills of applicants; and 

(e) Openly supports equal opportunity principles. 

24.2 Where the Employer determines that a position may be filled by recruitment, 

promotion or transfer, the position will be advertised internally, and may be advertised 

externally, for at least 10 working days before the closing date for applications. 

24.3 In exceptional circumstances, to meet operational requirements, the Employer may 

advertise a vacancy for a minimum of five working days, following advice to the Union 

from People and Culture. 

 

25. Probation 

 

25.1 All Employees who are new to the organisation, and who are appointed to ongoing 

positions, or fixed term positions that will exist for more than six months, shall be 

placed on probation for a period of three months.  

25.2 All letters of offer for ongoing or fixed term positions for more than six months will 

clearly identify that the offer is subject to a probation period. 

25.3 A person initially employed by the Employer on a fixed term basis who is 

subsequently employed by the Employer on an ongoing basis shall have the 

period of fixed term employment taken into account in the determination of any 

probationary period. 

 

26. Performance and Development 

 

26.1 Performance management 

(a) The performance management process drives high performance of 

Employees by: 

(i) Aligning with the Employer’s strategies; 








 

26 
 

(ii) Setting expectations, providing clarity about what's expected of 

Employees in their positions; 

(iii) Driving development, shared responsibility for individual development; 

and 

(iv) Reviewing performance and providing fair, reasonable, regular and 

constructive feedback to Employees including outside formal reviews. 

(b) The Parties acknowledge that the performance and development process: 

(i) Encourages performance and development through feedback and two-

way communication between the Employee and their manager; 

(ii) Is informed by and supports the achievement of the Employer’s strategies 

and plans; 

(iii) Is an ongoing process, not limited to the formal steps in the performance 

cycle; 

(iv) Provides relevant, realistic and measurable objectives; and 

(v) Encourages Employees and their managers to agree and implement a 

development plan that provides assistance to Employees to learn new 

skills and develop competencies to support career progression. 

26.2 Learning and development 

The Employer is committed to providing learning opportunities to assist Employees 

to:  

(i) Develop position competency;  

(ii) Provide a meaningful and extended work life; 

(iii) Set clear career goals as supported by the performance and development 

process.  

This commitment is key to assisting the Employer achieve planned organisational 

objectives.  

 

27. Disciplinary Action 

 

27.1 Subject to applicable Victorian or Federal law, any disciplinary action will be 

consistent with this clause. The Employer is not obliged to comply with this clause in 

respect of: 

(a) Casual Employees; and 

(b) Employees who are subject to a probationary period of employment. 

27.2 Disciplinary action will be consistent with the principles of natural justice and 

procedural fairness. This means Employees will: 

(a) Be heard in a fair and equitable manner; 

(b) Have decisions made without bias, which are reasonable, proportionate and 

based on relevant evidence; 








 

27 
 

(c) Have any actions that follow as a result of this clause clearly articulated to them; 

and 

(d) Be able to seek assistance from the Union or other representative or support 

person and have a support person at any stage of this process. 

27.3 Depending on the seriousness of the conduct, The Employer may take disciplinary 

action by proceeding immediately to any option below. 

(a) Option 1 - Counselling of the Employee. 

The Employee is informed of the inappropriate behaviour and the standard required 

of them and is given an opportunity to respond. The Employee will also be advised 

of any consequences of not meeting the required standard. A record of the 

discussion will be provided to the Employee. 

(b) Option 2 - Written warning. 

A written warning may be issued where the Employee's inappropriate behaviour 

continues or where the misconduct requires a formal record to be made. Under this 

option, the Employee will meet with their manager and their manager will give the 

Employee a written warning which indicates clearly to the Employee: 

(i) The standard expected of them; 

(ii) Where and how they are not meeting the standard; and 

(iii) The consequences for failing to meet the required standard, which may 

include termination of employment. 

The written warning will be placed on the Employee's personnel file. 

(c) Option 3 - Final written warning. 

A final written warning may be issued where the Employee's inappropriate 

behaviour continues or where the misconduct or serious misconduct requires a 

formal and final record to be made. Under this option, the Employee will meet with 

their manager and their manager will give the Employee a final written warning 

which indicates clearly to the Employee: 

(i) The standard expected of them; and 

(ii) Where and how they are not meeting the standard; and the consequences 

for failing to meet the required standard, which may include termination of 

employment. 

The written warning will be placed on the Employee's personnel file. 

(d) Option 4 - Termination of employment. 

Termination of employment may occur if there is a repetition or continuation of the 

inappropriate behaviour following the issue of a previous written warning or in the 

event that the Employee has engaged in serious misconduct. Prior to terminating 

employment, the Employer will consider any mitigating circumstances put forward by 

the Employee. 

 

 

 








 

28 
 

28. Termination of Employment 

 

28.1 Notice of termination by the Employer 

(a) In order to terminate the employment of an Employee, other than a casual 

Employee, the Employer will give to the Employee, unless otherwise mutually 

agreed in writing between the Employer and the Employee, the following notice: 

 

Employee's period of continuous service Period of notice 

Up to 3 years 2 weeks 

More than 3 years but less than 5 years 3 weeks   

5 years or more 4 weeks 

 

(b) In addition to the notice in clause 28.1(a), Employees who are in receipt of a 

salary at or above the minimum salary of Band 8 will be entitled to an additional 

period of notice. Where such an Employee has less than five years of service, 

they will be entitled to an additional period of two weeks' notice. Employees with 

five or more years' service will be entitled to an additional four weeks' notice. 

(c) In addition to the notice in clauses 28.1(a) and 28.1(b), any, Employees over 45 

years of age at the time of the giving of the notice who has completed at least 

two years of continuous service, will receive a further weeks’ notice. 

(d) Payment in lieu of the notice prescribed in clauses 28.1(a), 28.1(b) and 28.1(c) 

must be made if the appropriate notice is not given. Provided that employment 

may be terminated by the giving of part of the period of notice specified and the 

payment of the balance of the notice period in lieu thereof. 

(e) In calculating any payment in lieu of notice, the salary an Employee would have 

received for the period of notice had the Employee's employment not been 

terminated will be used. 

(f) The Employer does not have to give notice of termination if dismissing an 

Employee for conduct that justifies summary dismissal or if terminating the 

service of a casual Employee or an Employee engaged for a specific time or 

specific task(s) in accordance with FW Act. 

28.2 Termination during probationary period 

During an Employee's probationary period of employment, the Employer may 

terminate the Employee's employment by giving two weeks' notice or payment in 

lieu of notice. 

28.3 Notice of termination by Employee 

(a) An Employee will give the Employer two weeks' notice of leaving its employ 

unless otherwise mutually agreed in writing between the Employer and the 

Employee. Provided that, Employees in receipt of a salary at or above the 

minimum salary of Band 8 are required to give four weeks' notice. 

(b) If an Employee fails to give the required period of notice to the Employer, the 

Employer has the right to withhold money due to the Employee up to an amount 

equal to the salary for the period of shortfall. 








 

29 
 

(c) The Employer may elect to make a payment in lieu of requiring the Employee to 

work during the notice period. 

28.4 Time off during notice period 

(a) An Employee who has been given notice of termination will be allowed 

reasonable time off work at their salary to seek other employment. 

(b) The time will be convenient to the Employee after consultation with the 

Employer. 

28.5 Abandonment of Employment 

(a) Abandonment of employment is the unapproved absence of an Employee 

without reasonable grounds as described in clause 28.5(b).  

(b) The Employer is entitled to regard the employment of an Employee as 

abandoned if: 

(i) The Employee has been absent for more than 20 working days without the 

approval of the Employer; and 

(ii) The Employee has not provided the Employer with a reasonable 

explanation for their absence; and  

(iii) The Employer, after having made reasonable inquiries, could not 

reasonably be aware of any reasonable ground for the absence.  

(c) Abandonment of employment constitutes grounds for termination by the 

Employer if the employment has not otherwise ended. 

(d) If the Employer terminates an Employee’s employment due to abandonment of 

employment, the Employer will provide notice of termination or pay in lieu of 

notice in accordance with clause 28.1.  

(e) 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 re-

instated without loss of benefits, entitlements and status provided a contract for 

the replacement of the role has not been offered. 

 

Part 5 – Classifications, Salary, Allowances and Related Matters 

29. Categories of Employment and Entitlements 

 

29.1 Categories of employment 

The Employer acknowledges the positive impact that secure employment has on 

Employees and the provision of quality services to the Victorian community.  

The Employer will give preference to ongoing forms of employment over casual and 

fixed term arrangements wherever possible.  

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

categories: 

(a) Ongoing full time Employee; 








30 

(b) Ongoing part time Employee;

(c) Fixed term full time Employee

(d) Fixed term part time Employee; or

(e) Casual Employee.

29.2 Full time Employee 

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

This includes any full time Employee on an approved purchased leave arrangement 

in accordance with clause 49, Purchased Leave Scheme. 

29.3  Part time Employee 

(a) A part time Employee is one who:

(i) Works less than 76 hours in each two-week cycle; and

(ii) Has regular hours of work.

(b) Part time Employees are entitled to the same salary and entitlements as a full 
time employee contained within this Agreement but on a pro rata basis according 
to the hours worked, unless otherwise specified.

(c) Part time employment may be worked only by written agreement between the 
Employee and Employer, where that arrangement includes an agreement 
specifying:

(i) The days in each two-week cycle that the Employee will work;

(ii) The start and finish times on the days which the Employee will work; and

(iii) The number of hours the Employee will work on each day the Employee 
works, ensuring that the Employee works a minimum of three consecutive 
hours on any day.

(d) Any variation to the agreement needs to be agreed in advance with relevant 
management.

(e) The agreed working arrangement hours will be considered the Employee’s 
ordinary hours.

(f) A part time Employee employed under the provisions of this clause must be paid 
for ordinary hours worked at the hourly rate of pay prescribed for the class of work 
performed. Payment for part-time employment will not be for less than three 
consecutive hours in any day worked. 

(g) A part time Employee up to and including Band 8 may enter into a flexible hours 
arrangement in accordance with clause 10.3. This is provided that the maximum 
number of credit hours to be worked in any two-week cycle shall be the pro rata 
of the maximum 20 hours for full time Employees.

29.4 Use of Fixed Term Employees 

(a) A fixed term Employee is an Employee who is engaged for a specific period of

time or for a specified task.

(b) Clause 20, Redeployment does not apply to a fixed term Employee.

(c) The Employer will not use fixed term contract positions for the purpose of








 

31 
 

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

(d) In accordance with the principle set out in clause 29.4(c), the use of fixed term 

employment in all areas covered by this Agreement is limited to: 

(i) Replacement of Employees proceeding on approved leave; or 

(ii) Meeting fluctuating client and employment needs and unexpected increased 

workloads; or  

(iii) Undertaking a specified task which is funded for a specified period; or  

(iv) Filling a vacancy resulting from an Employee undertaking a temporary 

assignment or secondment; or  

(v) Temporarily filling a vacancy where, following an appropriate selection 

process, a suitable ongoing Employee is not available; or  

(vi) Filling a vacant role whilst a review of the area is undertaken, provided that 

such appointment does not exceed a period of twelve months.  

(e) In other than exceptional or unforeseen circumstances, fixed term appointments 

to a specific position will be for a maximum of three years, subject to clause 62, 

Parental Leave.     

(f) Where an Employee is posted overseas the limitations on the use of fixed term 

employment outlined in this clause do not apply. 

29.5 Use of Casual Employees 

(a) The Employer 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. 

(b) In accordance with the principle set out in clause 29.5(a), the employment of 

casuals 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.  

(c) A casual Employee will be paid the hourly rate prescribed for a full time 

Employee, plus a 25% loading in lieu of paid leave to compensate for the nature 

of casual work. 

(d) A casual Employee who works in excess of 7.6 hours on any one day or in 

excess of 38 hours in a week, or on a public holiday, shall be paid for these 

excess hours at the applicable overtime rate prescribed in clause 11, Overtime. 

(e) On each occasion a casual Employee is required to attend work, they shall be 

entitled to work a minimum of four consecutive hours, or to receive a minimum 

payment for four hours' work if the Employer is unable to provide the casual 

Employee with work for four consecutive hours.  

(f) If the Union or affected Employees identify fixed term or casual employment that 

is considered not to meet the criteria established in clause 29.4 or 29.5, the 

Union or affected Employees will refer the matter to the Employer. If the Parties 

cannot resolve the matter, it will be dealt with under clause 22, Resolution of 

Disputes.  








 

32 
 

30. Classification 

 

30.1 The Employer and the Union commit to review and develop appropriate work level 

descriptors; the Parties will endeavour to complete this within the first 12 months of 

the Agreement.  

30.2 The Parties agree that a working group of the Employer and Union representatives 

will be convened. The working group will agree to the terms of reference which may 

include; positions in relation to classification structure and salary banding, a 

mechanism for assessment of classification banding, size and complexity of 

positions, professional development framework and competency and capability 

frameworks.  

30.3 It is acknowledged that certain Band 12 and Band 13 positions may be appropriately 

determined to be executive positions.  

30.4 Where an employee’s substantive role has been reclassified to a higher band by the 

Employer as a result of organisational review, and those changes to the role are not 

of a substantial nature, the employee will remain in the newly classified role. 

 

31. Salaries and Progression 

 

31.1 Salaries 

(a) Salaries are payable in accordance with Schedule 1. 

 

31.2 Progression 

(a) Employees (excluding Band 13) may progress up to the next increment in a Band 

annually on 1 July of each year (Progression Date). 

 

(b) To be eligible, an Employee must have: 

(i) Occupied the same role or a role within the same pay point for six 

consecutive months or more prior to the Progression Date; and 

(ii) Performed the requirements of the Employee’s role to a satisfactory 

standard in the 12 months ending on the 30 June prior to the Progression 

Date; and 

(iii) Not been subject to disciplinary action resulting in a written warning in the 

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

(c) Salary progression will occur in the first full pay period after the conclusion of the 

relevant performance cycle and will be backdated to the Progression Date. 

 

32. Top of the Band Payment 

 

32.1 Employees in the Pay Structure (excluding Band 13) who reach the top of their Band 

may be eligible for an annual 1% top of the Band payment. To be eligible for this 








 

33 
 

payment, an Employee must: 

(a) Be in a role at the top pay point of their current Band classification since the 

previous year’s progression date; and 

(b) Meet the eligibility criteria for salary progression set out in Clauses 31.2(b)(ii) and 

(iii). 

 

32.2 The top of the Band payment is payable as of 1 July as a gross amount equal to 1% 

of the Employee’s salary and is not an ongoing adjustment to salary. 

 

32.3 The top of the Band payment will be paid in the first full pay period after the conclusion 

of the annual performance and development process. 

 

33. Flexibility and Agility Payment Principles 

 

33.1 The Parties agree to interpret and apply this Agreement consistently with the 

following principles aimed at promoting workforce flexibility and agility in 

recognition that: 

(a) For the life of the Agreement the Employer requires more flexibility and agility, 

particularly in response to the COVID-19 global pandemic;  

(b) The work required at a modern creative organisation is not static but always 

changing, due to factors such as new government priorities, technological 

advancement, changing community service delivery expectations and the 

need to respond to evolving complex public policy or crises; and  

(c) The Employees are committed to ensuring they participate to support evolving 

priorities. 

33.2 The Parties agree that the principles set out above will be operationalised over the 

life of the Agreement, through a range of changed work practices, flexibility of 

where work is performed, and continued service delivery changes. These may 

include, but are not limited to: 

(a) A model where ongoing Employees can be deployed to priority projects or 

programs across the organisation based on their core skills and capabilities, 

rather than being limited to a specific role, and greater work flexibility, 

including Employees’ desire to work from home as a regular feature of their 

working pattern. 

(b) Interdisciplinary project teams which change in size and composition over 

time, with shared resources and/or reporting lines outside traditional 

hierarchical structures or across departmental boundaries.  

33.3 The Parties agree that workforce flexibility and agility measures are not intended to 

adversely affect Employees’ overall employment security or otherwise 

disadvantage Employees in their employment. In particular: 

(a) The Employer will designate a line manager for personal development, 

wellbeing, performance assessment and related support. An Employee may 

report to a number of different managers for projects or work activities. The 

line manager may consult with the Employee’s different project or work activity 

managers in assessing an Employee’s performance. The designated line 








 

34 
 

manager will ensure an Employee’s reporting arrangements are clear;  

(b) Clause 12 – Workload applies in respect of workforce flexibility and agility 

measures;  

(c) An Employee’s participation in workforce flexibility and agility measures will be 

regarded favourably and not place that Employee at a disadvantage for the 

purposes of performance development and progression;  

(d) The Employer will at all times apply the appropriate classification level, and 

where applicable, higher duties allowance, to work performed by an 

Employee;  

(e) The Employer will comply with its obligations under the Agreement and 

section 65 of the FW Act regarding flexible work arrangements and will ensure 

that an Employee’s need for flexible work arrangements is taken into account 

in implementing flexibility and agility measures;  

(f) The Employer will comply with its obligations under the Agreement and the 

Occupational Health and Safety Act 2004 (Vic) when implementing flexibility 

and agility measures;  

(g) Flexibility and agility measures will not disadvantage an Employee in their 

terms and conditions of employment; and 

(h) Nothing in this clause removes the requirement to consult where major 

change is likely to have significant effects on Employees as prescribed by 

clause 18.2.  

33.4 The flexibility and agility payment will be made as a once off lump sum payment on 

the dates specified in Table 1, and will be pro rata for part time Employees. 

33.5 To be eligible for payment of this allowance, Employees must be employed with 

the Employer on the date of the scheduled payment of this allowance. Anyone 

employed after the date of the scheduled payment will be deemed ineligible and 

will not be eligible to receive payment of the allowance until the next scheduled 

payment as outlined in Table 1.  

 

Table 1 - Schedule for payment of flexibility and agility allowance: 

 

Commencement Date of the Agreement $1,100 

1 July 2022 $1,122 

1 July 2023 $1,144 

1 July 2024 $1,167 

 

34. Patience in Bargaining Payment 

 

34.1 Employees that were covered by the Victorian WorkCover Authority Enterprise 

Agreement 2016-2020 and are employed as at the date of agreement for the 

Accident Compensation Conciliation Service Enterprise Agreement 2021-2025, 

shall be paid a patience in bargaining payment of $500 for full time Employees, 

which shall be applied on a pro rata basis for part time and casual Employees, 








 

35 
 

based on ordinary hours worked in the previous 12 months. 

34.2 The one-off patience in bargaining payment shall be made on the first full pay 

period on or after this Agreement commences operation.  

34.3 The one-off patience in bargaining payment is not an ongoing adjustment to salary. 

 

35. Allowances 

 

35.1 First aid allowance 

(a) An Employee who is appointed by the Employer as a first aid attendant and who 

is the holder of current first aid qualifications from an accredited organisation 

(such as St John Ambulance or the Red Cross), will be paid a first aid allowance 

of 1.7% of the minimum salary of Band 3. 

(b) The first aid allowance will be paid to such first aid attendants on a fortnightly 

basis. 

35.2 On call allowance 

(a) An Employee who is required to remain contactable and available to perform 

extra duties outside their ordinary hours of work shall be paid an on call 

allowance. The allowance shall not be paid for any period in which the Employee 

does not remain contactable or make themselves ready and available to perform 

such duty. 

(b) Where an Employee is in receipt of an on call allowance and is required to 

perform the duty, but is not required to be recalled to work (e.g. the matter can 

be resolved via telephone and/or modem connection to the Employer’s 

systems), the Employee shall be paid in accordance with the overtime 

provisions provided the time spent on such calls is in excess of one hour in 

aggregate over a seven-day week. 

(c) Where an Employee is in receipt of an on call allowance and is recalled to duty at 

the place of work, payment in accordance with the relevant overtime provisions 

shall be made for the time actually spent in rectifying the matter, inclusive of 

travel time. 

(d) An Employee required to undertake on call duty shall be paid a daily rate: 

$38.07 per weekday, and $76.13 per Saturday, Sunday or public holiday. These 

rates will be indexed in line with salary increases in the Agreement, as set out in 

the table below: 

 
 

 5 July  

2021 

1 Dec  

2021 

1 Jun  

2022 

1 Dec  

2022 

1 Jun  

2023 

1 Dec  

2023 

1 Jun  

2024 

1 Dec  

2024 

Weekday $38.07 $38.45 $38.83 $39.22 $39.61 $40.01 $40.41 $40.81 

Saturday, 

Sunday or 

Public 

Holiday 

$76.13 $76.90 $77.66 $78.44 $79.23 $80.02 $80.82 $81.63 








 

36 
 

(e) An Employee whose salary is at Band 9 and above is not eligible for payment of 

an on call allowance, unless prior approval has been granted by the relevant 

Executive Leadership Team member. 

35.3 Call out allowance 

(a) Subject to clause 35.3(c), an Employee, other than an Employee to whom 

clause 35.2 applies, may be requested to attend work outside of normal 

business hours. 

(b) If the Employee accepts the request, the Employee shall receive a 

$253.78 call out allowance per 24-hour period, in addition to any overtime 

payments. These rates will be indexed in line with salary increases in the 

Agreement, as set out in the table below: 

 
 

 5 July 

2021 

1 Dec 

2021 

1 Jun 

2022 

1 Dec 

2022 

1 Jun  

2023 

1 Dec 

2023 

1 Jun 

2024 

1 Dec 

2024 

Rate per 24 

hour period $253.78  $256.32  $258.88  $261.47  $264.09  $266.73  $269.40  $272.09  

 
(c) An Employee whose salary exceeds Band 8 or above is not eligible for 

payment of a call out allowance, unless approval has been granted by the 

relevant Executive Leadership Team member. 

35.4 Overtime meal allowance 

An Employee who is required to work a period of overtime of not less than two 

hours, which immediately follows or immediately precedes a period of ordinary 

duty, and who is not provided with an adequate and suitable meal by the 

Employer, shall be paid a meal allowance in accordance with the table below: 

 

Date of Effect Overtime Meal Payment 

5 July 2021 $22.00 

1 Dec 2021 $22.22 

1 Jun 2022 $22.44 

1 Dec 2022 $22.67 

1 Jun 2023 $22.89 

1 Dec 2023 $23.12 

1 Jun 2024 $23.35 

1 Dec 2024 $23.59 

 

35.5 Higher duties allowance 

(a) A higher duties allowance will be paid when an Employee is required to 

undertake all or part of the duties of a higher classified position (including a 

position at a higher value point in their substantive Band) for: 








 

37 
 

(i)  A period of five or more consecutive working days; or 

(ii) Where the Employee works in the higher classified position on a regular and 

systematic basis. 

(b) The level of the allowance shall be in proportion to the extent of the higher duties 

performed and shall be calculated on the base of the Band level of the role. 

(c) Paid leave taken during a higher duties assignment shall be paid inclusive of 

the allowance, provided the Employee resumes the duties of the higher duties 

position on their return from leave. 

 

36. Reimbursement of Expenses 

 

36.1 General expenses 

The Employer will reimburse the Employee their reasonable out of pocket 

expenses, where these are necessarily and actually incurred in the course of 

their authorised duties. 

36.2 Relocation expenses 

(a) Where an Employee relocates their residence at the request of the 

Employer, the Employer shall 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 relevant Executive Leadership Team member approves 

the expenditure; and 

(iii) The Employee provides the Employer with tax invoices in respect of the 

expenditure. 

(b) Relocation expenses are not payable in the event of an Employee initiated 

transfer. 

 

37. Use of Personal Motor Vehicles 

 

37.1 Where the Employer’s pool vehicle is not available for an Employee who requires it 

to perform their duties, and where public transport or the use of a taxi is not feasible, 

then the manager may approve the use by an Employee of their personal motor 

vehicle, provided that the manager is satisfied that the vehicle is appropriate for the 

task and adequately insured. 

37.2 Where in these circumstances, approval is given to an Employee to use their own 

vehicle, they shall be reimbursed at the kilometre rate published from time to time by 

the Australian Taxation Office. 

 

 

 








 

38 
 

38. Payment of Salaries 

 

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

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

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

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

38.2 By agreement with the Employer, an Employee may authorise deductions from their 

salary to be paid by the Employer to Employee nominated health insurance 

organisations and superannuation funds provided that such payment can be made 

by an electronic funds transfer between the Employer and the recipient organisation. 

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

repayment arrangement, the Employer may recover the overpayment by instalments 

to be paid in accordance with the Financial Management Act 1994 (Vic) (or its 

successor). 

38.4 Where a normal pay-day falls on a public holiday the direct credit to the Employee's 

nominated account must be made no later than the last working day prior to the 

public holiday. 

38.5 An Employee who is on long term leave from the Employer and who has no online 

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

 

39. Salary Packaging 

 

39.1 An Employee may enter into a salary packaging arrangement with the Employer 

using pre-tax salary in respect of superannuation, a novated lease and/or other 

approved benefits under State or Federal legislation. In the case of salary sacrifice 

to State Government defined benefit superannuation schemes, arrangements must 

comply with State legislation. 

39.2 All costs associated with salary packaging, including the Employer’s reasonable 

administrative costs, are to be met from the salary of the participating Employee.    

 

40. Deferred Salary Scheme 

 

40.1 With the written agreement of the Employer, an Employee may elect to receive over 

a four-year period 80% of the salary they would otherwise have received in 

accordance with this Agreement. 

40.2 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 salary they were entitled to in the 

fourth year of deferment. 

40.3 Where an Employee completes four years of service under this scheme and takes 

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

service for all purposes. 








 

39 
 

40.4 An Employee may withdraw from this scheme prior to completing the four-year 

period by the giving of no less than four weeks of written notice. The Employee in 

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

time. 

 

41. Superannuation  

 

41.1  Superannuation Legislation 

(a) Superannuation legislation (or successor legislation), including the 

Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation 

Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) 

Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 

(Cth), deals with the superannuation rights and obligations of Employers and 

Employees. Under superannuation legislation individual Employees generally 

have the opportunity to choose their own superannuation fund. If an Employee 

does not choose a superannuation fund, any superannuation fund nominated in 

the Agreement covering the Employee applies. 

(b) The rights and obligations in these clauses supplement those in superannuation 

legislation.  

41.2 Employer Contributions 

(a) The Employer must make such superannuation contributions to a 

superannuation fund for the benefit of an Employee, regardless of age, as will 

avoid the Employer being required to pay the superannuation guarantee charge 

under superannuation legislation with respect to that Employee.  

41.3 Voluntary Employee Contributions 

(a) Subject to the governing rules of the relevant superannuation fund, an 

Employee may, in writing, authorise their Employer to pay on behalf of the 

Employee a specified amount from the post-taxation wages of the Employee 

into the same superannuation fund as the Employer makes the superannuation 

contributions provided for in clause 41.2.  

(b) An Employee may adjust the amount the Employee has authorised their 

Employer to pay from the wages of the Employee from the first of the month 

following the giving of three months’ written notice to their Employer. 

(c) The Employer must pay the amount authorised under clauses 41.3(a) or 41.3(b) 

no later than 28 days after the end of the month in which the deduction 

authorised under clauses 41.3(a) or 41.3(b) was made. 

41.4 Superannuation Fund 

Unless, to comply with superannuation legislation, the Employer is required to make 

the superannuation contributions provided for in clause 41.2 to another 

superannuation fund that is chosen by the Employee, the Employer must make the 

superannuation contributions provided for in clause 41.2 and pay the amount 

authorised under clauses 41.3(a) or 41.3(b) to one of the following superannuation 

funds. 








 

40 
 

(a) The Employer’s default superannuation fund; or  

(b) Any superannuation fund to which the Employer was making superannuation 

contributions for the benefit of its Employees before 12 September 2008, 

provided the superannuation fund is an eligible choice fund and is a fund that 

offers a MySuper product or is an exempt public sector superannuation 

scheme; or 

(c) A superannuation fund or scheme which the Employee is a defined benefit 

member of.  

41.5 Employer Contributions in Respect of Primary Caregiver Parental Leave 

(a) An Employee is entitled to have superannuation contributions made in respect 

of the period of the Employee’s Primary Caregiver Parental Leave which occurs 

on or after the commencement date of this Agreement. 

(b) The Employer will pay the superannuation contributions as a lump sum to the 

Employee’s fund as provided for in clause 41.4. 

(c) The lump sum payment will be made on or before the first superannuation 

guarantee quarterly payment due date following the Employee’s return to work 

at the conclusion of their Primary Caregiver Parental Leave.  

(d) The quantum of superannuation contributions payable under this clause will be 

calculated based on: 

(i) The number of weeks of Primary Caregiver parental leave taken by the 

Employee, capped at 52 weeks; and  

(ii) The Employee’s weekly pay calculated in accordance with clause 62.25; and 

(iii) The applicable contribution rate under the Superannuation Guarantee 

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

 

42. Accident Make-Up Pay  

 

42.1 Where an Employee is absent from duty as a result of sustaining injury in respect of 

which the Employee is entitled to weekly payments of compensation under the 

Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) (or its successor), 

the Employee will be entitled to accident make-up pay equivalent to their normal 

Salary less the amount of weekly compensation payments.  

42.2 Payment – Maximum Entitlement  

(a) The Employer will continue to provide accident make-up pay to the Employee 

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

working days, or an aggregate of 1984 hours, unless employment ceases.  

(b) An entitlement to accident make-up pay will cease when the Employee has 

been absent from work for either a continuous period of 52 weeks, or an 

aggregate period of 261 working days, or an aggregate of 1984 hours or when 

employment ceases or when the benefits payable under the Workplace Injury 

Rehabilitation and Compensation Act 2013 (Vic) (or its successor) cease. 








 

41 
 

(c) The Employer may grant the Employee leave without pay where an entitlement 

to accident make-up pay has ended. 

42.3 For the avoidance of doubt, an Employee may, with the Employer’s consent, take 

annual leave, long service leave (in accordance with clause 67.15(c)) or substitute 

leave whilst receiving accident make-up pay.  

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

Compensation Act 2013 (Vic) (or its successor), a reference to that Act shall be 

deemed to be a reference to the Accident Compensation Act 1985 (Vic).  

 

 

43. Cost of Employment Related Legal Proceedings 

 

43.1 If an Employee is required to attend a court, tribunal, IBAC, Ombudsman, or Royal 

Commission on matters which directly arise from the performance of an 

Employee's duties, the Employer must meet the Employee's reasonable legal 

costs relating to appearance at or representation before a court or tribunal. 

43.2 Where legal proceedings are initiated against an Employee as a direct 

consequence of the Employee performing the Employee’s duties, the Employer will 

not unreasonably withhold agreement to meet the Employee's reasonable legal 

costs relating to the defence of such proceedings. 

43.3 Where, as a direct consequence of the Employee performing their duties, it is 

necessary to obtain an intervention order or similar remedy against a client, the 

Employer will not unreasonably withhold agreement to meet the Employee's 

reasonable legal costs in obtaining the order or other remedy. 

43.4 An application to meet the Employee's reasonable legal costs will be dealt with 

expeditiously by the level of management responsible for deciding the matter. 

 

Part 6 – Leave of Absence and Public Holidays 

 
44. Public Holidays 

 

44.1 All Employees (except casual Employees) will be entitled to be absent from work on 

the following Public Holidays without deduction of pay where the Public Holiday 

occurs on a day the Employee would normally work: 

 

(a) New Year’s Day, Good Friday, Easter Saturday, Easter Sunday, Easter 

Monday, Christmas Day (25 December), Boxing Day, Australia Day, Anzac 

Day, Queen’s Birthday, Labour Day, the Friday before the Australian Football 

League Grand Final and Melbourne Cup Day. 

 

44.2 Prescribed substitute and additional public holidays 

 

(a) Christmas Day (25 December)  

 

(i) When Christmas Day (25 December) is a Saturday an additional holiday will 








 

42 
 

be observed on the next Monday.  

(ii) When Christmas Day (25 December) is a Sunday, an additional holiday will 

be observed on the next Tuesday. 

 

(b) Boxing Day 

 

(i) When Boxing Day is a Saturday an additional holiday will be observed the 

next Monday.  

(ii) When Boxing Day is a Sunday, an additional holiday will be observed on the 

next Tuesday. 

 

(c) New Year’s Day 

 

(i) When New Year’s Day is a Saturday or a Sunday, an additional holiday will 

be observed on the next Monday. 

 

(d) Australia Day 

 

(i) When Australia Day is a Saturday or a Sunday, a holiday in lieu will be 

observed on the next Monday.   

 

44.3 Additional or substituted Public Holidays 

 

Where in the whole or part of the State of Victoria, additional or substituted Public 

Holidays are declared or prescribed on days other than those set out in clause 44.1, 

those days shall constitute additional or substituted holidays for the purpose of this 

Agreement for Employees who have their place of principal employment in a 

municipality to which the additional or substituted Public Holiday applies. 

 

44.4 Substitution of Public Holiday 

 

An Employee may by agreement with the Employer substitute another day for any 

prescribed in this clause to observe religious or cultural occasions or like reasons of 

significance to the Employee.  

 

45. Christmas Shutdown 

 

45.1 The purpose of this clause is to enable the Employer to shut down part or all of its 

operations from the first working day after Christmas Day to the first working day 

after New Year’s Day (Shutdown Period). 

45.2 Where the Employer intends to shut down part or all of its operations for the 

shutdown period, the Employer: 

(a) Will notify relevant affected Employees in writing of this intention no later than 1 

October of the year in which the shutdown is to take place; 

(b) Will request relevant affected Employees to utilise any accrued time in lieu, 

annual leave, or additional hours accrued under a flexible working arrangement 








 

43 
 

to take leave during the Shutdown Period; and 

(c) May require a minimum level of staffing to meet the operational requirements of 

the workplace. 

45.3 If there are insufficient expressions of interest from relevant affected Employees to 

give effect to the Shutdown Period, the following process will be applied, in order: 

(a) The Employer may direct an Employee who has excessive annual leave (as 

defined in clause 48) to take annual leave during the Shutdown Period; 

(b) The Employer may then direct an Employee with accrued flex time to take that 

leave during the Shutdown Period. 

46. Leave Without Pay 

 

46.1 Subject to the Employer’s operational requirements and the circumstances of each 

particular application, the Employer may grant an Employee (other than a casual 

Employee) leave without pay for a period of up to two years. Agreement for such 

leave shall not be unreasonably withheld. 

46.2 Leave without pay will not break an Employee's period of continuous service but will 

not count as service for leave accrual or other purposes. 

 

47. Annual Leave 

 

47.1 Entitlement 

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

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

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

year to year. 

47.2 Taking of accrued annual leave 

(a) An Employee may request that the whole or part of their annual leave be taken 

at half pay for a period equal to twice the period to which an Employee would 

otherwise be entitled. The Employer will consider operational requirements and 

the needs of the Employee when assessing applications for annual leave at half 

pay. Approval will not be unreasonably withheld. 

(b) If an application for annual leave is rejected, the Employer must give the 

Employee a written response within 21 days, setting out the reasons for the 

rejection. 

47.3 Payment on taking leave 

(a) Payment for annual leave will be at the base rate of pay applicable to an 

Employee at the time the Employee takes leave. 

(b) Before going on annual leave, each Employee will have the option to be paid 

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

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

Payment of leave in advance will be in accordance with prevailing 

administration processes. 








 

44 
 

47.4 Annual leave loading 

(a) In addition to the amount of salary payable to an Employee, Employees at Band 

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

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

of each year. The entitlement for part time Employees and new Employees will 

be calculated on a pro rata basis. 

(c) The maximum leave loading payable to Employees in December of each year 

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

the Pay Structure. 

(d) Should any Employee eligible for annual leave loading, (as at the 

commencement date of this Agreement) have their position reclassified into 

Band 11, Band 12 or Band 13 at any time in the future, their total remuneration 

package will be structured to include an equivalent annual leave loading 

entitlement. No new Employees coming into Band 11, Band 12 or Band 13 will 

be entitled to this arrangement. 

47.5 Taking of non-accrued annual leave 

An Employee may take non-accrued annual leave within the first 12 months of 

commencing employment, only if the Employer agrees. Agreement will not be 

unreasonably withheld.  

47.6 Illness during annual leave 

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

practicable produces satisfactory medical evidence or a statutory declaration which 

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

annual leave, the Employer will: 

(a) Debit such period of sickness or injury against the Employee's personal leave 

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

(b) Grant the Employee additional annual leave equivalent to the personal leave 

debit, to be taken at a time agreed between the Employer and the Employee. 

47.7 Leave on termination of employment 

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

the Employer will be paid out all accrued and untaken annual leave and annual 

leave loading. 

47.8 Recall from annual leave 

(a) An Employee shall not be recalled to duty from annual leave unless it is 

unavoidable. 

(b) Where an Employee is recalled from annual leave, the Employee shall be: 

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

(ii) Re-credited the annual leave forgone; and 

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

compensation commensurate with any hardship caused. Such 

compensation shall be the Employer’s discretion. 








 

45 
 

48. Annual Leave Management 

 

48.1  The Parties agree that it is desirable and beneficial to both Employees and the 

Employer that leave be taken annually. Accordingly, the Parties covered by this 

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

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

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

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

leave within a 12-month period and to ensure that their annual leave entitlement 

does not continue to exceed 30 days. 

48.3 An Employee who does not make arrangements to take accrued annual leave that is 

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

be given two weeks’ notice to do so. 

48.4 With the agreement of their manager, an Employee can accrue more than 30 days 

of annual leave if they have put in writing a specific and reasonable case for the 

accrual of such leave. Agreement to accrue annual leave in excess of 30 days shall 

be confirmed in writing by the manager to the Employee. 

48.5 The provisions of this clause apply to part time Employees on a pro rata basis in 

accordance with clause 29.3(b). 

48.6 If an application for leave or for an excess leave arrangement is rejected, the 

Employer must give the Employee a written response within 21 days, setting out the 

reasons for the rejection. 

49. Purchased Leave Scheme 

 

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

Employees in the interest of accommodating work-life balance. 

49.2 Notwithstanding any other provision within this Agreement, an Employee may, with 

the Employer’s agreement, work between 51 weeks and 44 weeks per year by 

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

payment of salary over 52 weeks. 

49.3 Where the manager and Employee agree to a reduction in the number of working 

weeks under clause 49.2: 

(a) The Employee will receive a salary equal to the period worked (i.e. between 44- 

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

(b) The Employee will receive additional leave as follows: 

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

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

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

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

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

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

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

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

 








 

46 
 

49.4 Where the Employer has approved an Employee to enter into the purchased leave 

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

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

49.5 Where the Employer has approved an Employee to enter into the purchased leave 

scheme, the Employee must take all purchased leave and annual leave within the 

12-month period of the commencement of the purchased leave scheme. 

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

months, commencing on 1 July of each calendar year. New applications may be 

made annually. Applications must be submitted before 1 May of the calendar year 

applicable. 

49.7 An application by an Employee for purchased leave will be considered in light of 

operational requirements. 

49.8 If an application for purchased leave is rejected, the Employer must give the 

Employee a written response within 21 days, setting out the reasons for the 

rejection.   

 

50. Personal Leave 

 

In this clause: 

 

Assistance Animal means an animal formally trained to assist a person with a 

disability to alleviate the effect of their disability. This includes: 

(a) A guide dog for people with vision impairment; or 

(b) Hearing dogs for people with hearing impairment; or 

(c) Assistance dogs for people with a physical disability; or 

(d) Medical alert animals that help people before and during a medical emergency; 

or 

(e) Psychiatric service animals that help people with a mental illness; or  

(f) An animal which falls within the definition of ‘assistance animal’ in section 9 of 

the Disability Discrimination Act 1992 (or its successor).  

(g) Any other animal agreed by the Employer or to which an Assistance Animal 

Pass granted by the Department of Transport applies. 

 

Assistance Animal does not include a pet, companion or therapy animals. 

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

Islander health practitioner, Chinese medicine practitioner, Chiropractor, Dental care 

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

Midwife, Occupational Therapist, Optometrist, Osteopath, Pharmacist, 

Physiotherapist, Podiatrist, Psychologist or any other profession registered under 

the Health Practitioner Regulation National Law (Vic) Act 2009. 

 

 








 

47 
 

50.1 Personal leave means paid leave due to: 

(a) Personal illness or injury (sick leave); 

(b) Personal illness or injury of an Employee’s immediate family, a member of the 

Employee’s household, or an Assistance Animal who requires the Employee’s 

care or support (carer’s leave);  

(c) An unexpected emergency affecting a member of the Employee’s immediate 

family, a member of the Employee’s household, or an Assistance Animal 

(carer’s leave); or 

(d) Attendance at a medical appointment with a registered practitioner (sick leave). 

 

50.2  A full time Employee is entitled to 15 days of paid personal leave each year, which 

may be taken as sick or carer’s leave. The entitlement to personal leave is credited 

on commencement of employment and thereafter on the anniversary of 

commencement with the Employer. Up to a maximum of 15 days personal leave per 

year of service is permitted to accrue to the following year. 

50.3 A full time Employee is also entitled to an additional five days of paid leave each 

year for carer's leave purposes only. These additional five days do not accrue from 

year to year. If an Employee uses these five days in any year, they are entitled to 

use their outstanding personal leave for carer's leave. 

50.4 Part time Employees are entitled to pro rata personal leave and pro rata additional 

carer's leave. 

50.5 The Employee must notify the Employer as soon as practicable before or after they 

commence leave under this clause and advise the Employer of the period or expected 

period of leave. 

50.6 An Employee must, if required by the Employer, provide satisfactory supporting 

evidence that the leave is taken for a reason specified in clause 50.1. 

(a) Personal leave 

If requested by the Employer an Employee must provide the Employer with a 

medical certificate or evidence of attendance at a medical appointment from a 

registered practitioner to be paid personal leave. 

(b) Carer’s leave 

If requested by the Employer an Employee must provide the Employer with 

appropriate documentary evidence to be paid carers leave. 

(i) The form of evidence required will depend on the circumstances of the 

carer’s leave request, but may include: 

 A medical certificate from a registered practitioner; or 

 Evidence from a registered veterinary practitioner (in the case of an 

Assistance Animal); or  

 A statutory declaration stating that the condition of the person or 

Assistance Animal concerned requires the Employee’s care or support; 

or  








 

48 
 

 Other relevant documentary evidence. 

(ii) The Employer may require the Employee to provide appropriate 

documentary evidence that states the Assistance Animal is within the 

definition of an Assistance Animal at clause 50. 

 The form of evidence may include an accreditation certificate, proof of 

training or a statutory declaration stating the animal is an Assistance 

Animal. 

50.7 An unexpected emergency does not include routine school holiday care or 

scheduled days of school closure during terms. 

50.8 An Employee who has exhausted their personal leave has the option of utilising 

other accrued leave or being granted personal leave without pay. 

50.9 Personal leave will not be paid out on termination of employment. 

50.10 Personal/Carer’s leave at half pay 

(a) In exceptional circumstances, an Employee may be granted approval to convert 

any or all of their accrued paid personal/carer’s leave entitlement to half pay for 

a period equal to twice the period to which the Employee would otherwise be 

entitled. 

(b) Approval of personal/carer’s leave at half-pay will only be granted in relation to 

an absence of four weeks or more. 

(c) To be eligible for personal/carer’s leave at half pay under this clause, the 

Employee must comply with all notice and documentary evidence requirements 

stipulated in this clause. 

 

51. Family Violence Leave 

 

51.1 Leave 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. 

51.2 A full time or part time Employee experiencing family violence will have access to 20 

days per year of paid special leave for medical appointments, legal proceedings and 

other activities related to family violence. 

51.3 This leave is not cumulative but if the leave is exhausted consideration will be given 

to providing additional leave. 

51.4 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. 

51.5 Casual Employees are entitled to access leave without pay for family violence 

purposes. 

51.6 Evidence of family violence may be requested by the Employer and can be in the 

form of a document issued by the Police Service, a Court, a registered health 

practitioner, a Family Violence Support Service, district nurse, maternal and health 








 

49 
 

care nurse or Lawyer. A signed statutory declaration can also be offered as 

evidence. 

51.7 An Employee who supports a person experiencing family violence may utilise their 

personal/carer’s leave entitlement to accompany the person to court, to hospital, or 

to care for children. The Employer may require evidence consistent with clause 51.6 

from an Employee seeking to utilise their personal/carer’s leave entitlement. 

 

52. Compassionate Leave 

 

52.1 An Employee, other than a casual Employee, is entitled to up to three days of paid 

leave for each occasion when a member of the Employee's immediate family, or a 

member of the Employee's household: 

(a) Contracts or develops a personal illness or sustains a personal injury that poses 

a serious threat to that person’s life; or 

(b) Dies. 

52.2 An Employee must notify the Employer as soon as practicable before or after they 

commence leave under this clause and advise the Employer of the period or 

expected period of leave. 

52.3 An Employee may be required by the Employer to provide satisfactory supporting 

evidence, that the leave is taken for a reason specified in clause 52.1. 

52.4 An Employee who has exhausted their entitlement under clause 52.1 may elect to 

use up to three days of their accumulated sick leave as paid compassionate leave 

on each occasion. 

52.5 The Employer may grant additional compassionate leave (either paid or unpaid) 

where an Employee has exhausted their entitlement under clause 

52.1 and 52.4. 

52.6 A casual Employee may access two days' unpaid compassionate leave for each 

occasion. 

52.7 The Employer may grant compassionate leave (paid or unpaid) to an Employee 

when a person with significant family or personal connection to the Employee, but 

who is not a member of the Employees immediate family (as defined in clause 3) or 

household, dies or sustains a personal illness or injury that poses a serious threat to 

that person’s life.  

52.8 In addition to the other provisions of this clause, Employees of Aboriginal or Torres 

Strait Islander descent may be granted paid and unpaid leave in relation to the 

death of a member of their Immediate Family or extended family in accordance with 

clause 57.5, Ceremonial Leave. 

 

 

 

 

 

 








 

50 
 

53. Infectious Diseases Leave  

 

53.1 The Employer may grant paid leave where an Employee contracts an infectious 

disease classified as notifiable to the Victorian Department of Health or who is 

required to remain isolated due to contact with a person that has a notifiable 

infectious disease, and is unable to work whilst in isolation.  

53.2 The Employee must provide satisfactory medical evidence from a registered medical 

practitioner which includes the estimated isolation period as soon as reasonably 

practicable. 

53.3 The period of the paid leave will not be for any period beyond the earliest date at 

which it would be practicable for the Employee to return to work having regard to the 

requirements relating to the infectious disease.  

53.4 The paid absence will not be deducted from the Employee’s personal leave credits.  

 

54. Sick Leave Pool 

 

54.1 In the event of a serious or terminal illness of an Employee, which results in the 

Employee being absent from work for an extended period of time (usually three 

consecutive months or more), the Employer will have the discretion to grant 

additional paid leave to the Employee from the Sick Leave Pool. 

54.2 This additional leave may only be accessed if all of the Employee's current and 

accrued leave has been exhausted. The quantum of leave granted will be at the 

discretion of the Chief Executive Officer, who will not withhold approval 

unreasonably. Such discretion will only be exercised where the Employee provides 

evidence of having no relevant entitlement to payment for their absence from any 

insurance or superannuation fund. 

54.3 Notwithstanding the operation of clause 54.2, the Employer has the discretion to 

grant additional paid leave to an Employee who on medical referral has commenced 

an alcohol or drug rehabilitation program. In such circumstances, and at the 

discretion of the Employer, this additional leave may be granted without accessing 

accrued leave entitlements. 

54.4 Employees may contribute their excess accrued personal leave to the sick leave 

pool in accordance with the Policy. 

 

55. Blood Donor Leave 

 

Subject to management approval, which shall not be unreasonably withheld, an 

Employee may be permitted to donate blood during working hours provided that the 

time taken suits the organisation and does not unduly affect operational 

requirements. 

 

56. Jury Service 

 

56.1 An Employee who is required to attend court for jury service during work hours will 








 

51 
 

be given time off work for the purpose of carrying out that duty. 

56.2 During a period of jury service an Employee is entitled to receive their usual salary 

less payments made to the Employee for jury service. 

56.3 The Employee is obliged to declare to the Employer all amounts of remuneration 

and allowances they received for jury service. 

56.4 The Employer may pay the Employee their usual salary during a period of jury 

service and later deduct from future salary or other payments owing, amounts equal 

to the remuneration received for jury service but excluding any allowances received 

for jury service. 

 
 

57. Cultural and Ceremonial Leave 

 

57.1 The Employer understands that it has Employees who may occasionally require 

leave to attend significant cultural and ceremonial events, including: 

(a) An Employee of Aboriginal or Torres Strait Islander descent; and 

(b) Employees who demonstrate other significant religious or cultural ties who 

request leave to attend or adhere to applicable religious or cultural festivals or 

activities.  

The Employer will consider all application for leave under this clause and such 

applications will not be unreasonably refused.  

57.2 NAIDOC Week Leave  

(a) An Employee of Aboriginal or Torres Strait Islander descent is entitled to one 

day of paid leave per calendar year to participate in NAIDOC week activities 

and events.  

(b) NAIDOC week leave will not accrue from year to year and will not be paid out 

on termination of the employment of the Employee.  

57.3 Leave to attend Aboriginal community meetings 

The Employer 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. 

57.4 Leave to attend Annual General Meetings of Aboriginal community 

organisations  

The Employer may grant an Employee of Aboriginal or Torres Strait Islander 

descent accrued annual or other leave to attend Annual General Meetings of 

Aboriginal community organisations at which the election of office bearers will occur.  

57.5 Ceremonial leave  

(a) Ceremonial leave will be granted to an Employee of Aboriginal or Torres Strait 

Islander descent for ceremonial purposes: 

(i) Connected with the death of a member of the Immediate Family or 








 

52 
 

extended family (provided that no Employee shall have an existing 

entitlement reduced as a result of this clause); or 

(ii) For other ceremonial obligations under Aboriginal and Torres Strait Islander 

lore.  

(b) Where ceremonial leave is taken for the purposes outlined in clause 57.5(a), up 

to three days in each year of employment will be with pay. Paid ceremonial 

leave will not accrue from year to year and will not be paid out on termination of 

the employment of the Employee.  

(c) Ceremonial leave granted under this clause 57.5 is in addition to 

compassionate leave granted under clause 52, Compassionate leave.  

57.6 Leave to participate in the First Peoples’ Assembly of Victoria 

(a) An Employee who is a member of the First Peoples’ Assembly of Victoria is 

entitled to up to 10 days paid leave per calendar year to fulfil their official 

functions during their term of office. 

(b) Leave will be available to attend sessions of the First Peoples’ Assembly of 

Victoria, participate in constituent consultation relevant to their role or for any 

other ancillary purpose as agreed with the Employer.  

(c) Where in any calendar year an Employee exhausts their entitlement under this 

clause the Employer may grant further paid or unpaid leave to support the 

Employee’s representative functions. 

(d) The Employee may also utilise flexible working arrangements, in addition to 

leave provided in this clause, to help support their representative functions, with 

the agreement of the Employer. 

(e) Leave under this clause will not accrue from year to year and cannot be cashed 

out on termination of employment. 

 

58. Voluntary Community Activities Leave 

 

58.1 An Employee is entitled to leave with pay, to fulfil official functions during their term 

of office as an elected member of: 

(a) A Local Government Council; or 

(b) A committee of management for a not-for-profit community organisation which 

operates under a formal legal structure subject to applicable State or Federal 

legislation. 

58.2 Leave will be subject to the Employers operational needs. 

58.3 Leave will be available for any of the following purposes: 

(a) To enable the Employee to attend any training program required to meet grant, 

funding or governance obligations; or 

(b) Participate in a community event as part of their role with the organisation; or 

(c) Participate in consultation relevant to their role in the organisation; or 

(d)   Any other purpose agreed with the Employer. 








 

53 
 

 

The Employer will consider all applications for leave under this clause and such 

applications will not be unreasonably refused.  

 

Participation in Sporting Events 

58.4 Leave with pay may be granted to an Employee to participate either as a competitor 

or an official in any non-professional state, national or international sporting event. 

58.5 The length of absence from work and travel arrangements for participation in 

sporting events must be agreed with the Employer in advance before leave may be 

granted.  

58.6 The Employer will consider all applications for leave under this clause and such 

applications will not be unreasonably refused. 

 

Leave to Engage in Voluntary Emergency Management Activities 

58.7 An Employee who engages in a voluntary emergency management activity with a 

recognised emergency management body that requires the attendance of the 

Employee at a time when the Employee would otherwise be required to be at work 

is entitled to leave with pay for: 

(a) Time when the Employee engages in the activity; and 

(b) Reasonable travelling time associated with the activity; and  

(c) Reasonable rest time immediately following the activity. 

58.8 The Employee must advise the Employer as soon as reasonably practicable if the 

Employee is required to attend a voluntary emergency management activity and 

must advise the Employer of the expected or likely duration of the Employee’s 

attendance. The Employee must provide a certificate of attendance or other 

evidence of attendance as reasonably requested by the Employer.  

58.9 Recognised emergency management bodies include but are not limited to a fire-

fighting, civil defence or rescue body such as the Country Fire Authority, Red Cross, 

State Emergency Service and St John Ambulance. 

58.10 An Employee who is required to attain qualifications or to requalify to perform 

activities in an emergency management body must be granted leave with pay for the 

period of time required to fulfil the requirements of the training course pertaining to 

those qualifications, provided that such training can be undertaken without unduly 

affecting the operations of the Employer.  

58.11 Where paid leave is not granted, an Employee may access their entitlement to 

annual leave or may request unpaid leave. Employees up to and including Band 8 

and may use their entitlement to flex leave. 

58.12 The Employer will consider all applications for leave under this clause and such 

applications will not be unreasonably refused. 

 

 

 








 

54 
 

59. Australian Defence Reserve Leave 

 

59.1 The Employer may grant leave for Australian Defence Reserve service for a 

maximum period of two years. Leave may be granted, where agreed, for a longer 

period. 

59.2 An Employee required to complete Australian Defence Reserve service will consult 

with the Employer regarding the proposed timing of the service and will give the 

Employer as much notice as is possible of the time when the service will take place. 

59.3 Where the 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 Employee's usual salary, the Employer will, 

unless exceptional circumstances arise, pay to the Employee make-up pay for the 

period of Defence Reserve service. 

 
 

60. Military or Defence Reserve Sick Leave 

 

60.1 Where the Employer is satisfied that the illness or injury of an Employee is directly 

attributable to or is aggravated by active service in the Australian Military Services or 

Defence Reserve, the Employee may, apart from any personal leave accrual they 

may have under clause 50, Personal Leave, be granted Military or Defence Reserve 

sick leave on full pay for up to 114 hours during each calendar year of service. 

60.2 Military or Defence Reserve sick leave will be accumulative, to a maximum of 760 

hours. 

60.3 For the purposes of this clause, active service means actual posting to a war zone 

or peacekeeping mission. 

61. Study Leave 

 

61.1 Where the Employer approves an Employee undertaking study which the Employer 

determines to be relevant to the organisational needs, an Employee may be granted 

up to five hours of paid leave per week, to enable travel to and attendance of 

lectures, tutorials and practicals. The long term career development of an Employee 

shall be considered in the determination of an Employee's application. 

61.2 An Employee who is eligible for study leave may be granted up to five days per 

annum of pre-examination and examination leave on the basis of one day per 

subject studied per semester. 

61.3 The Employer may revoke any study leave due to unsatisfactory progress in the 

study or unsatisfactory work performance. 

61.4 The Employer may provide financial assistance to an eligible Employee to assist 

with the financial costs associated with formal education which is relevant to 

organisational needs, as determined by the Employer and leads to a recognised 

qualification. 

 

 








 

55 
 

62. Parental Leave 

 

62.1 Application 

(a) Eligible Employees are entitled to parental leave under this clause if the leave is 

associated with: 

(i) The birth of a Child of the Employee, the Employee’s spouse or the 

Employee’s legal surrogate or the placement of a Child with the Employee 

for adoption; and 

(ii) The Employee has or will have a responsibility for the care of the child. 

(b) An Employee currently on parental leave (excluding an Employee on Extended 

Family Leave under clause 62.33) is not required to return to work in order to 

access a further period of parental leave under this clause.  

62.2 Definitions 

For the purposes of this clause: 

(a) Eligible Employee means: 

(i) A full time or part time Employee, whether employed on an ongoing or fixed 

term basis; or 

(ii) A casual Employee who has, but for accessing parental leave under this 

clause, a reasonable expectation for continuing employment by the 

Employer on a regular systematic basis. 

(b) Child means: 

(i) In relation to birth-related leave, a child (or children from a multiple birth) of 

the Employee or the Employee’s spouse or the Employee’s legal surrogate; 

or 

(ii) In relation to adoption-related leave, a child (or children) who will be placed 

with an Employee, and: 

 Who is, or will be, under 16 as at the day of placement, or the expected 

day of placement; 

 Has not, or will not have, lived continuously with the Employee for a 

period of six months or more as at the day of placement, or the 

expected day of placement; and 

 Is not (otherwise than because of the adoption) a child of the Employee 

or the Employee’s spouse. 

(c) Primary Caregiver means the person who takes primary responsibility for the 

care of a newborn or newly adopted Child. The Primary Caregiver is the person 

who meets the Child's physical needs more than anyone else. Only one person 

can be a Child's Primary Caregiver on a particular day.  

(d) Secondary Caregiver means a person who has parental responsibility for the 

Child but is not the Primary Caregiver.  

(e) Spouse includes a de facto spouse, former spouse or former de facto spouse. 








 

56 
 

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. 

62.3 Summary of Parental Leave Entitlements 

The entitlements summarised in the table below apply to a period of Parental Leave 

commencing on or after the commencement date of this Agreement. 

 Paid Leave  Unpaid Leave Total 

Primary Caregiver    

More than 3 months 

Continuous Service 
16 weeks Up to 36 weeks 52 weeks 

Less than 3 months 

Continuous Service 
0 Up to 52 weeks 52 weeks 

Eligible Casual 

Employee 
0 Up to 52 weeks 52 weeks 

Secondary 

Caregiver    

More than 3 months 

Continuous Service 
4 weeks Up to 48 weeks 52 weeks 

More than 3 months 

Continuous Service 

and takes over the 

primary 

responsibility for the 

care of the Child 

within first 78 weeks 

An additional 12 weeks Up to 36 weeks 52 weeks 

Less than 3 months 

Continuous Service 
0 Up to 52 weeks 52 weeks 

Eligible Casual 

Employee 
0 Up to 52 weeks 52 weeks 

Pre-natal leave    

Pregnant Employee 38 hours   

Spouse/Secondary 

Caregiver 
7.6 hours   

Pre-adoption leave    

More than 3 months 

Continuous Service 
2 days   

Permanent Care 

Leave 
   

More than 3 months 

Continuous Service 
16 weeks Up to 36 weeks 52 weeks 

Less than 3 months 

Continuous Service 
0 Up to 52 weeks 52 weeks 

Grandparent Leave    

Grandparent Leave 0 Up to 52 weeks 52 weeks 








 

57 
 

62.4 Parental Leave – Primary Caregiver 

(a) An Eligible Employee, who has, or will have, completed at least three months 

continuous service and who will be the Primary Caregiver at the time of the 

birth or adoption of their Child, is entitled to up to 52 weeks parental leave, 

comprising: 

(i) 16 weeks paid parental leave; and 

(ii) Up to 36 weeks unpaid parental leave. 

(b) An Eligible Employee who will be the Primary Caregiver, who has not 

completed at least three months continuous service at the time of the birth or 

adoption of their Child, or an Eligible Casual Employee, is entitled to up to 52 

weeks unpaid parental leave. 

(c) Only one parent can receive Primary Caregiver parental leave entitlements in 

respect to the birth or adoption of their Child. An Employee cannot receive 

Primary Caregiver parental leave entitlements: 

(i) If their spouse is, or will be, the Primary Caregiver at the time of the birth or 

adoption of their Child; or  

(ii) If their spouse has received, or will receive, paid parental leave, primary 

caregiver entitlements, or a similar entitlement, from their employer; or 

(iii) If the Employee has received, or will receive, Secondary Caregiver 

parental leave entitlements in relation to their Child.  

62.5 Parental Leave – Secondary Caregiver 

(a) An Eligible Employee who has, or will have, completed at least three months 

continuous service and who will be the Secondary Caregiver at the time of the 

birth or adoption of their Child, is entitled to up to 52 weeks parental leave, 

comprising: 

(i) Four weeks paid parental leave; and 

(ii) Twelve weeks Additional paid Secondary Caregiver parental leave, subject 

to the conditions in clause 62.6; and 

(iii) Unpaid parental leave to bring the total available paid and unpaid leave to 

52 weeks. 

(b) An Eligible Employee who will be the Secondary Caregiver, and has not 

completed at least three months paid continuous service at the time of the birth 

or adoption of their Child, or an eligible casual Employee is entitled to up to 52 

weeks unpaid parental leave. 

(c) Only one parent can receive Secondary Caregiver parental leave entitlements 

in respect to the birth or adoption of their Child.  

(d) An Employee cannot receive Secondary Caregiver parental leave entitlements 

where the Employee has received Primary Caregiver parental leave 

entitlements in relation to their Child.  

62.6 Additional paid leave for Secondary Caregiver 

(a) A Secondary Caregiver is entitled to up to an additional 12 weeks’ paid leave 








 

58 
 

within the first 78 weeks of the date of birth or adoption of the Child provided 

that:  

(i) The Secondary Caregiver assumes primary responsibility for the care of a 

child, by meeting the Child's physical needs more than anyone else; and 

(ii) The Secondary Caregiver’s spouse is not concurrently taking primary 

responsibility for the care of the Child or receiving paid parental leave, 

primary caregiver entitlements or a similar entitlement from their employer.  

(b) To access additional paid leave, the Employee must have been eligible for paid 

Secondary Caregiver leave at the time of birth or adoption of their Child, 

irrespective of when the Employee elects to take the additional paid leave 

under this clause. 

62.7 Pre-natal Leave 

(a) A pregnant Employee will have access to paid leave totalling up to 38 hours per 

pregnancy to enable the Employee to attend routine medical appointments 

associated with the pregnancy.  

(b) An Employee who has a spouse who is pregnant will have access to paid leave 

totalling up to 7.6 hours per pregnancy to enable the Employee to attend 

routine medical appointments associated with the pregnancy.  

(c) The Employee is required to provide a medical certificate from a registered 

medical practitioner confirming that the Employee or their spouse is pregnant. 

Each absence on pre-natal leave must also be covered by a medical certificate. 

(d) The Employer should be flexible enough to allow the Employee the ability to 

leave work and return on the same day. 

(e) Paid pre-natal leave is not available to casual Employees. 

62.8 Pre-adoption leave 

(a) An Employee seeking to adopt a Child is entitled to two days paid leave for the 

purpose of attending any compulsory interviews or examinations as are 

necessary as part of the adoption procedure. 

(b) An Employee seeking to adopt a Child may also access further unpaid leave. 

The Employee and the Employer should agree on the length of any unpaid 

leave. Where agreement cannot be reached, the Employee is entitled to take 

up to two days unpaid leave.  

(c) Where accrued paid leave is available to the Employee, the Employer may 

require the Employee to take such leave instead of taking unpaid leave under 

this sub-clause. 

(d) The Employee may be required to provide satisfactory evidence supporting the 

leave. 

(e) The Employer should be flexible enough to allow the Employee the ability to 

leave work and return on the same day. 

(f) Paid pre-adoption leave is not available to casual Employees. 

 








 

59 
 

62.9 Permanent Care Leave 

An Employee, other than a casual Employee, will be entitled to access parental 

leave in accordance with this clause at a time agreed with the Employer if they: 

(i) Are granted a permanent care order in relation to the custody or 

guardianship of a Child pursuant to the Children, Youth and Families Act 

2005 (Vic) (or its successor) or a permanent parenting order by the Family 

Court of Australia; and 

(ii) Will be the Primary or Secondary Caregiver for that Child. 

62.10 Grandparent Leave 

An Employee, who is or will be the Primary Caregiver of a grandchild, is entitled to a 

period of up to 52 weeks’ continuous unpaid grandparent leave in respect of the 

birth or adoption of the grandchild of the Employee. 

62.11 Access to parental leave for an Employee whose Child is born by surrogate 

An Employee whose Child is born through a surrogacy arrangement which complies 

with Part 4 of the Assisted Reproductive Treatment Act 2008 (Vic) (or its 

successor), is eligible to access the parental leave entitlements outlined in clause 

63, Surrogacy Leave. 

62.12 Continuing to work while pregnant 

(a) The Employer may require a pregnant Employee to provide a medical 

certificate stating that the Employee is fit to work their normal duties where the 

Employee: 

(i) Continues to work within a six-week period immediately prior to the 

expected date of birth of the Child; or  

(ii) Is on paid leave under clause 62.14(b).  

(b) The Employer may require the Employee to commence their parental leave if 

the Employee: 

(i) Does not provide the requested medical certificate within seven days of the 

request; or 

(ii) Provides the Employer a medical certificate stating that the Employee is 

unfit to work. 

62.13 Personal/Carer’s Leave  

A pregnant Employee, not then on parental leave, who is suffering from an illness 

whether related or not to the pregnancy, may take any paid and/or unpaid 

personal/carer’s leave in accordance with clause 50. 

62.14 Transfer to a Safe Job 

(a) Where an Employee is pregnant and, in the opinion of a registered medical 

practitioner, illness or risks arising out of the pregnancy or hazards connected 

with the work assigned to the Employee make it inadvisable for the Employee 

to continue at their present work, the Employee will, if the Employer deems it 

practicable, be transferred to a safe job with no other change to the Employee’s 

terms and conditions of employment until the commencement of parental leave. 








 

60 
 

(b) If the Employer does not think it to be reasonably practicable to transfer the 

Employee to a safe job, the Employee may take No Safe Job Paid Leave, or 

the Employer may require the Employee to take No Safe Job Paid Leave 

immediately for a period which ends at the earliest of either: 

(i) When the Employee is certified unfit to work during the six-week period 

before the expected date of birth by a registered medical practitioner; or 

(ii) When the Employee’s pregnancy results in the birth of a living child or 

when the Employee’s pregnancy ends otherwise than with the birth of a 

living child. 

(c) The entitlement to No Safe Job Paid Leave is in addition to any other leave 

entitlement the Employee has. 

62.15 Special Parental Leave  

Where the pregnancy of an Employee or an Employees spouse not then on 

parental leave terminates other than by the birth of a living Child, the Employee may 

take leave for such periods as a registered medical practitioner certifies as 

necessary, as follows: 

(a) Where the pregnancy terminates during the first 20 weeks, during the certified 

period/s the Employee is entitled to access any paid and/or unpaid 

personal/carer’s leave entitlements in accordance with clause 50. The 

Employer may grant additional leave under this clause if the Employee has 

exhausted all leave options.   

(b) 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 62.3 and 

thereafter, to unpaid special parental leave.  

62.16 Notice and evidence requirements  

(a) An Employee must give at least 10 weeks written notice of the intention to take 

parental leave, including the proposed start and end dates. At this time, the 

Employee must also provide a statutory declaration stating: 

(i) That the Employee will become either the Primary Caregiver or Secondary 

Caregiver of the Child, as appropriate; and 

(ii) The particulars of any parental leave taken or proposed to be taken or 

applied for by the Employee’s spouse; and  

(iii) That for the period of parental leave the Employee will not engage in any 

conduct inconsistent with their contract of employment. 

(b) At least four weeks before the intended commencement of parental leave, the 

Employee must confirm in writing the intended start and end dates of the 

parental leave, or advise the Employer of any changes to the notice provided in 

clause 62.16(a), unless it is not practicable to do so.  

(c) The Employee may be required to provide evidence which would satisfy a 

reasonable person of: 

(i) For birth-related leave, the date of birth of the Child (including without 








 

61 
 

limitation, a medical certificate stating the date of birth or expected date of 

birth); or 

(ii) For adoption-related leave, the commencement of the placement (or 

expected day of placement) of the Child and that the Child will be under 16 

years of age as at the day of placement or expected day of placement.  

(d) An Employee will not be in breach of this clause if failure to give the stipulated 

notice is occasioned by confinement or the placement occurring earlier than the 

expected date or in other compelling circumstances. In these circumstances the 

notice and evidence requirements of this clause should be provided as soon as 

reasonably practicable. 

62.17 Commencement of parental leave 

(a) An Employee who is pregnant may commence Primary Caregiver parental 

leave at any time within 16 weeks prior to the expected date of birth of the 

Child. In all other cases, Primary Caregiver parental leave commences on the 

day of birth or placement of the Child. 

(b) Secondary Caregiver parental leave may commence up to one week prior to 

the expected birth or placement of the Child. Where a Secondary Caregiver 

takes additional paid leave in accordance with clause 62.6, the additional leave 

will commence on the date the Employee takes on primary responsibility for the 

care of a Child. 

(c) The Employer and the Employee may agree to alternative arrangements 

regarding the commencement of parental leave.    

(d) The period of parental leave for the purpose of calculating an Employee’s 

maximum entitlement to paid and unpaid parental leave will commence from 

the date parental leave commences or otherwise no later than the date of birth 

of the Child, irrespective of when the Employee elects to use any paid 

entitlements they may have under this clause. 

62.18 Rules for taking parental leave entitlements 

(a) Parental leave is to be available to only one parent at a time, except parents 

may take up to eight weeks leave concurrently with each other, comprising any 

paid leave to which the Employee may be eligible for under clause 62.3 or 

unpaid, in connection with the birth or adoption of their Child (Concurrent 

Leave). 

(i) Concurrent Leave may commence one week prior to the expected date of 

birth of the Child or the time of placement in the case of adoption. 

(ii) Concurrent leave can be taken in separate periods, but each block of 

concurrent leave must not be less than two weeks, unless the Employer 

otherwise agrees. 

(b) While an Employee’s eligibility for parental leave is determined at the time of 

birth or adoption of the Child, the Employee and the Employer may agree to 

permit the Employee to use the paid leave entitlements outlined in this clause 

at any time within the first 52 weeks of parental leave, or where an extension is 

granted under clause 62.23(b), within the first 78 weeks where clause 62.6 is 








 

62 
 

invoked or otherwise the first 104 weeks.  

(c) Parental leave does not need to be taken in a single continuous period. The 

Employee and the Employer will agree on the duration of each block of parental 

leave. The Employer will consider operational requirements and the 

Employee’s personal and family circumstances in considering requests for 

parental leave in more than one continuous period. Approval of such requests 

will not be unreasonably refused. 

62.19 Using other accrued leave in conjunction with Parental Leave 

An Employee may in lieu of or in conjunction with parental leave, access any annual 

leave or long service leave entitlements which they have accrued subject to the total 

amount of leave not exceeding 52 weeks or a longer period as agreed under clause 

62.23(b). 

62.20 Public holidays during a period of paid parental leave 

Where a Public Holiday occurs during a period of paid parental leave, the Public 

Holiday is not to be regarded as part of the paid parental leave and the Employer 

will grant the Employee a day off in lieu, to be taken by the Employee immediately 

following the period of paid parental leave. 

62.21 Effect of unpaid parental leave on an Employee’s continuity of  

employment 

Other than provided for in clause 67, Long Service Leave, unpaid parental leave 

under clauses 62.4, 62.5, 62.23 and 62.29 shall not break an Employee’s continuity 

of employment but it will not count as service for leave accrual or other purposes. 

62.22 Keeping in touch days 

(a) During a period of parental leave, the Employer and Employee may agree to 

perform work for the purpose of keeping in touch in order to facilitate a return to 

employment at the end of the period of leave. 

(b) Keeping in touch days must be agreed and be in accordance with section 79A 

of the FW Act. 

62.23 Extending parental leave 

(a) Extending the period of parental leave where the initial period of parental 

leave is less than 52 weeks 

(i) An Employee, who is on an initial period of parental leave of less than 52 

weeks under clause 62.4 or 62.5, may extend the period of their parental 

leave on one occasion up to the full 52-week entitlement.  

(ii) The Employee must notify the Employer in writing at least four weeks prior 

to the end date of their initial parental leave period. The notice must specify 

the new end date of the parental leave. 

(b) Right to request an extension to parental leave beyond the initial 52-week 

period to a maximum of 104 weeks 

(i) An Employee who is on parental leave under clause 62.4 or 62.5 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 








 

63 
 

period. 

(ii) In the case of an Employee who is a member of a couple, the period of the 

extension cannot exceed 12 months, less any period of parental leave that 

the other member of the couple will have taken in relation to the Child.  

(iii) The Employee’s request must be in writing and given to the Employer at 

least 4 weeks before the end of the current parental leave period. The 

request must specify any parental leave that the Employee’s spouse will 

have taken. 

(iv) The Employer shall consider the request having regard to the Employee’s 

circumstances and, provided the request is based on the Employee’s 

parental responsibilities, may only refuse the request on reasonable 

operational grounds.  

(v) The Employer must not refuse the request unless the Employee has been 

given a reasonable opportunity to discuss the request. 

(vi) The Employer must give a written response to the request as soon as 

practicable, and no later than 21 days after the request is made. The 

response must include the details of the reasons for any refusal.  

62.24 Total period of parental leave 

(i) The total period of parental leave, including any extensions, must not 

extend beyond 24 months.  

(ii) In the case of a couple, the total period of parental leave for both parents 

combined, including any extensions, must not extend beyond 24 months.  

The Employee’s entitlement to parental leave under clause 62.4 or 62.5 will 

reduce by the period of any extension taken by a member of the couple 

under clause 62.23. 

62.25 Calculation of pay for the purposes of parental leave 

(a) The calculation of weekly pay for paid parental leave purposes will be based on 

the Employee’s average number of ordinary hours over the past three years 

from the proposed commencement date of parental leave (Averaging Period). 

(b) Where an Employee has less than three years of service the Averaging Period 

will be their total period of service with ACCS.  

(c) The calculation will exclude any of the following periods which fall during the 

Averaging Period: 

(i) Periods of unpaid parental leave; and 

(ii) Any time worked at a reduced time fraction in order to better cope during 

pregnancy; and 

(iii) Authorised unpaid leave for an unforeseen reason beyond the Employee’s 

control; and 

(iv) Time worked at a reduced time fraction on returning to work after a period 

of parental leave under clause 62.30(c). 

(d) For the purposes of clause 62.25(c)(iii), an ‘unforeseen reason beyond the 








 

64 
 

Employee’s control’ may include, for example, a personal illness or injury 

suffered by the Employee, or the care or support of an ill or injured Immediate 

Family or household member by the Employee. But would not include leave 

taken for lifestyle or personal reasons, career breaks or leave to undertake 

other employment. 

(e) The average number of weekly hours, determined in accordance with clause 

62.25(a) above, will be then applied to the annual Salary applicable to the 

Employee’s classification and salary point at the time of taking parental leave to 

determine the actual rate of pay whilst on parental leave. 

62.26 Half Pay 

The Employee may elect to take any paid parental leave entitlement at half pay for 

a period equal to twice the period to which the Employee would otherwise be 

entitled. 

62.27 Employer Superannuation contributions in respect of Primary Caregiver 

Parental Leave 

An Employee who returns to work at the conclusion of a period of Primary Caregiver 

Parental Leave will be entitled to have superannuation contributions made in 

respect of the period of the Employee’s Primary Caregiver Parental Leave, subject 

to requirements in clause 41.5, Superannuation. 

62.28 Effect on Parental Leave on progression for Primary Caregivers  

An Employee who returns to work at the conclusion of a period of Primary Caregiver 

Parental Leave may be entitled to progression steps or amounts forgone as a result 

of being on parental leave in accordance with clause 31, Salaries and Progression.   

62.29 Commonwealth Paid Parental Leave 

Paid parental leave entitlements outlined in this clause are in addition to any 

payments which may be available under the Commonwealth Paid Parental Leave 

Scheme. 

62.30 Returning to Work  

(a) Returning to work early 

(i) During the period of parental leave an Employee may return to work at any 

time as agreed between the Employer and the Employee, provided that 

time does not exceed four weeks from the recommencement date desired 

by the Employee. 

(ii) In the case of adoption, where the placement of an eligible Child with an 

Employee does not proceed or continue, the Employee will notify the 

Employer immediately and the Employer will agree a time not exceeding 

four weeks from receipt of notification for the Employee’s return to work. 

(b) Returning to work at conclusion of leave 

(i) An Employee will notify the Employer of their intention to return to work 

after a period of parental leave at least four weeks prior to the expiration of 

the leave. 

(ii) Subject to clause 62.30(b)(iii), an Employee will be entitled to the position 








 

65 
 

which they held immediately before proceeding on parental leave. In the 

case of an Employee transferred to a safe job pursuant to clause 62.14 

above, the Employee will be entitled to return to the position they held 

immediately before such transfer. 

(iii) Where such position no longer exists but there are other positions available 

which the Employee is qualified for and is capable of performing, the 

Employee will be entitled to a position as nearly comparable in status and 

pay to that of their former position. 

(c) Returning to work at a reduced time fraction 

(i) To assist an Employee in reconciling work and parental responsibilities, an 

Employee may request to return to work at a reduced time-fraction until 

their Child reaches school age, after which the Employee will resume their 

substantive time-fraction.  

(ii) Where an Employee wishes to make a request under clause 62.30(c)(i) 

such a request must be made as soon as possible but no less than seven 

weeks prior to the date upon which the Employee is due to return to work 

from parental leave. 

62.31 Lactation breaks 

(a) Employees cannot be discriminated against for breastfeeding or chest feeding 

or expressing milk in the workplace.  

(b) An Employee who wishes to continue breastfeeding or chest feeding after 

returning to work from a period of parental leave or keeping in touch days, may 

take reasonable time during working hours without loss of pay to do so. 

(c) Paid lactation breaks are in addition to normal meal and rest breaks provided 

for in this Agreement. 

62.32 Consultation and Communication during Parental Leave 

(a) Where an Employee is on parental leave and a definite decision has been 

made to introduce significant change at the workplace, the Employer shall take 

reasonable steps to: 

(i) Make information available in relation to any significant effect the change 

will have on the status or responsibility level of the position the Employee 

held before commencing parental leave; and 

(ii) Provide an opportunity for the Employee to discuss any significant effect 

the change will have on the status or responsibility level of the position the 

Employee held before commencing parental leave. 

(b) The Employee shall take reasonable steps to inform the Employer about any 

significant matter that will affect the Employee’s decision regarding the duration 

of parental leave to be taken, whether the Employee intends to return to work 

and whether the Employee intends to request to return to work on a part time 

basis. 

(c) The Employee shall also notify of changes to address or other contact details 

which might affect the Employer’s capacity to comply with clause 62.32(a). 








 

66 
 

62.33 Extended Family Leave 

(a) An Employee who is the Primary Caregiver and has exhausted all parental 

leave entitlements may apply for unpaid Extended Family Leave as a 

continuous extension to their parental leave taken in accordance with this 

clause. The total amount of leave, inclusive of parental leave taken in 

accordance with this clause cannot exceed seven years from the 

commencement date of parental leave. 

(b) An application for Extended Family Leave must be made by the Employee each 

year. 

(c) An Employee will not be entitled to paid parental leave whilst on Extended 

Family leave. 

(d) Upon return to work, the Employer may reallocate the Employee to other 

duties. 

62.34 Replacement Employees 

(a) A replacement Employee is an Employee specifically engaged or temporarily 

acting on higher duties or transferred, as a result of an Employee proceeding 

on parental leave. 

(b) A replacement Employee will be informed of the temporary nature of the 

employment and of the employment rights of the Employee who is being 

replaced. 

(c) The limitation in clause 29.4 on the use of fixed term employment to replace the 

Employee does not apply in this case.  

62.35 Casual Employees 

The Employer must not fail to re-engage a casual Employee because the Employee 

has accessed parental leave in accordance with this clause. The rights of the 

Employer in relation to engagement and re-engagement of casual Employees are 

not affected, other than in accordance with this clause. 

 

63. Surrogacy Leave 

 

63.1 Entitlement to leave  

 

An Employee (excluding a Casual Employee) who has completed at least three 

months paid continuous service, who enters into a formal surrogacy arrangement on 

or after the commencement of this Agreement, which complies with Part 4 of the 

Assisted Reproductive Treatment Act 2008 (Vic) (or its successor), as the surrogate, 

is entitled to access the following leave entitlements: 

 

(a) Pre-natal leave in accordance with clause 62.7 of the Agreement, and 

(b) Six weeks of paid leave. 

 

 








 

67 
 

63.2 Continuing to work while pregnant 

 

(a) 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. 

(b) 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. 

 

63.3 Transfer to safe job 

 

(a) 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. 

(b) 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’. 

 

63.4 Commencement of Surrogacy leave 

 

(a) An Employee who is pregnant as a result of acting as a surrogate may 

commence paid Surrogacy Leave at any time within 6 weeks prior to the 

expected date of birth of the Child. Otherwise the period of parental leave must 

commence no later than the date of birth of the Child, unless agreed with the 

Employer. 

(b) Unless otherwise agreed, any entitlement to paid surrogacy leave will be paid 

from the date of commencement of Surrogacy Leave. 

  

63.5 Surrogacy Leave and other entitlements  

 

An Employee may access, in conjunction with Surrogacy Leave, any other paid or 

unpaid entitlements available under this Agreement with the approval of the 

Employer. 

 

63.6 Personal/Carer’s Leave 

 

A pregnant Employee, not then on Surrogacy Leave, who is suffering from an illness 

whether related or not to the pregnancy, may take any paid and/or unpaid 

personal/carer’s leave in accordance with clause 50. 

 

63.7 Special Surrogacy Leave 

 

(a) 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 








 

68 
 

periods as a registered medical practitioner certifies as necessary, as follows: 

 

(i) Where the pregnancy terminates during the first 20 weeks, during the 

certified period/s the Employee is entitled to access any paid and/or unpaid 

personal/carer’s leave entitlements in accordance with clause 50. 

(ii) Where the pregnancy terminates after the completion of 20 weeks, during 

the certified period/s the Employee is entitled to paid special surrogacy 

leave not exceeding the amount of paid surrogacy leave available under 

this clause 63.1. 

  

63.8 Public holidays during a period of paid surrogacy leave 

 

Where a Public Holiday occurs during a period of paid surrogacy leave, the Public 

Holiday is not to be regarded as part of the paid surrogacy leave and the Employer 

will grant the Employee a day off in lieu, to be taken by the Employee immediately 

following the period of paid surrogacy leave. 

 

63.9 Notice and Evidentiary Requirements  

 

(a) An Employee must provide 10 weeks’ written notice to the Employer of their 

intention to take Surrogacy Leave. The notification should include a Statutory 

Declaration which specifies: 

 

(i) The intended start and end dates of the leave; and 

(ii) If known, any other leave the Employee seeks approval to take in 

conjunction with their Surrogacy leave; and  

(iii) For the period of surrogacy leave the Employee will not engage in any 

conduct inconsistent with their contract of employment.  

(b) The Employer may also require the Employee to provide documentary evidence 

confirming: 

 

(i) The expected date of birth of the Child; and  

(ii) The formal surrogacy arrangement, which complies with Part 4 of the 

Assisted Reproductive Treatment Act 2008 (Vic) (or its successor).  

(c) The Employee must confirm these details at least 4 weeks prior to the 

commencement of the proposed period of Surrogacy Leave. 

  

64. Foster and Kinship Care Leave  

 

64.1 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 








 

69 
 

commences. 

 

64.2 For the purposes of this clause Foster and Kinship Care includes:  

 

(a) Foster Care, which is the temporary care of a child of up to 18 years of age on a 

short-term basis by an Employee who is an accredited foster carer. 

(b) Kinship Care, which is temporary care provided by an Employee who is a 

relative or a member of the child's social network when the child cannot live with 

their parents. 

(c) Aboriginal Kinship Care, which is temporary care provided by an Employee who 

is a relative or friend of an Aboriginal child who cannot live with their parents, 

where Aboriginal family and community and Aboriginal culture are valued as 

central to the child’s safety, stability and development. 

64.3 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 Human Services, the Children’s Court or other similar federal, state 

or judicial authority. 

 

64.4 Subject to approval of the employer, the paid leave provided in this clause may be 

used in conjunction with any other paid or unpaid leave entitlements the Employee 

may be eligible for under this Agreement. 

 

64.5 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. 

 

64.6 The Employer may require the Employee to provide reasonable evidence to satisfy 

them of the Employee’s entitlement to leave under this provision.  

 

65. In Vitro Fertilisation (IVF) Leave 

 

65.1 The Employer may grant leave for in vitro fertilisation (IVF) treatment purposes to 

the Employee who is undergoing IVF treatment to allow them to be absent from the 

workplace to attend counselling and medical appointments, medical procedures and 

treatment related to, and as a consequence of IVF treatment. 

 

65.2 A full time or part time Employee undergoing IVF treatment will have access to 38 

hours per year of paid IVF Leave related to the activities as outlined under clause 

65.1. This leave is not cumulative from year to year  

 

65.3 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 with prior 

approval.  

 

65.4 Casual Employees are entitled to access leave without pay for IVF treatment 








 

70 
 

purposes.  

 

65.5 Evidence of IVF treatment may be requested from the Employer and can be in the 

form of an agreed document issued by a registered medical practitioner.  

 

65.6 If an Employee has a partner who is undergoing IVF treatment, the Employee will 

have access to 15.2 hours per year of paid IVF Leave to assist with caring 

responsibilities related to the IVF treatment. The leave is not cumulative from year to 

year, and the Employer may require evidence consistent with clause 65.5, from an 

Employee seeking to utilise IVF leave.  

 

66. Gender Transition Leave 

 

66.1 The Employer encourages a culture that is supportive of transgender and gender 

diverse Employees and recognises the importance of providing a safe environment 

for Employees undertaking gender transition. 

 

66.2 Gender Transition refers to the process where a transgender Employee commences 

living as a member of another gender. This is sometimes referred to ‘affirming’ their 

gender. This may occur through medical, social or legal changes. 

 

66.3 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. 

 

66.4 Amount of gender transition leave 

 

(a) An Employee (other than a Casual Employee) who commences living as a 

member of another gender is entitled Gender Transition Leave for the purpose 

of supporting the Employee’s transition. Gender Transition Leave will comprise: 

 

(i) Up to four weeks (20 days) paid leave for essential and necessary gender 

affirmation procedures, and 

(ii) Up to 48 weeks of unpaid leave. 

(b) The Gender Transition Leave entitlements outlined in clause 66.4(a) are 

available to be taken by the Employee within the first 52 weeks after they 

commence living as a member of another gender. 

(c) Essential gender affirmation procedures may include: 

 

(i) Medical or psychological appointments; or  

(ii) Hormonal appointments; or 

(iii) Surgery and associated appointments; or  

(iv) Appointments to alter the Employee’s legal status or amend the 








 

71 
 

Employee’s gender on legal documentation; or  

(v) Any other similar necessary appointment or procedure to give effect to the 

Employee’s transition as agreed with the Employer.  

(d) 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. 

 

(e) Gender Transition Leave may be taken as consecutive, single or part days as 

agreed with the Employer. 

 

(f) Leave under this clause will not accrue from year to year and cannot be cashed 

out on termination of employment.  

 

66.5 Gender Transition Leave – Casual Employees 

 

Casual Employees are entitled to access unpaid leave of up to 52 continuous 

week’s duration for gender transition purposes. 

 

66.6 Notice and evidence requirements 

 

(a) An Employee seeking to access Gender Transition Leave must provide the 

Employer with at least four weeks’ written notice of their intended 

commencement date and expected period of leave, unless otherwise agreed by 

the Employer. 

 

(b) An Employee seeking to access Gender Transition Leave may be required to 

provide suitable supporting documentation or evidence of their attendance at 

essential gender affirmation procedures. This may be in the form of a document 

issued by a registered practitioner, a lawyer, or a State, Territory or Federal 

government organisation, statutory declaration or other suitable supporting 

documentation. 

 

(c) For the purpose of this clause, registered practitioner has the same meaning as 

set out in clause 50, Personal leave.  

  

67. Long Service Leave 

 

Employees will, subject to the provisions of this clause, be entitled to long service 

leave in accordance with the provisions of the Long Service Leave Act 2018 (Vic) (or 

its successor). The Long Service Leave Act 2018 (Vic) (or its successor) covers the 

Employer’s full time, part time and eligible casual Employees. 

67.1 An Employee who has been continuously employed by the Employer for 10 years 

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

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

of service. 








 

72 
 

67.2 Part time Employees will be entitled to accrue long service leave on a pro rata basis.  

67.3 An Employee may access the entitlement in clause 67.1, on a pro rata basis, after 

an initial seven years of continuous service. 

67.4 Where an Employee is entitled to paid long service leave, the Employer may, at the 

request of the Employee, allow the Employee to take the whole or any part of the 

long service leave at half pay. 

67.5 An Employee is required to give four weeks' notice of an intention to take long 

service leave. The minimum period of long service leave that can be granted is one 

day on full pay or two days on half pay.   

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

regarded as part of such leave. 

67.7 The Employer will have discretion as to the time an Employee takes long service 

leave, to ensure that the Employer operations are not unduly disrupted. 

67.8 Where the service of an Employee with four but less than seven years of continuous 

service is terminated on account of retirement, ill health, retrenchment or death, the 

Employer will, notwithstanding the provisions of this clause, pay to the Employee or 

the legal representative of a deceased Employee a sum representing pay for service 

equal to 1/40 of the period of service.  

67.9 Where the employment of an Employee with seven or more years of continuous 

service is terminated on account of resignation, retirement, ill health, retrenchment 

or death, the Employer will, notwithstanding the provisions of this clause, pay to the 

Employee or the legal representative a sum representing pay for outstanding 

accrued long service leave. 

67.10 In determining the calculation of long service leave, continuous service is defined as 

the period of the Employee's continuous service with the Employer, together with 

any Recognised Prior Service. Applications for service with another entity to be 

considered as Recognised Prior Service should be made within the first six months’ 

of employment with the Employer. 

67.11 Recognised Prior Service for the purposes of calculation of long service leave as in 

clause 67.10 will not include periods of service where an Employee: 

(a) Was dismissed by the Employer, unless the Employee was re-employed by the 

Employer within a period not exceeding three months after the Employee’s 

dismissal; 

(b) Was absent from any employment for a continuous period of five years or more 

otherwise than on special leave, or on such other leave as the Employer may 

determine, or by reason of retirement on account of ill health. 

67.12 Absence from duty on approved paid long service leave will be included in the 

calculation of length of service. Unauthorised absences of the Employee shall not 

count for purposes of continuous service under this clause. 

67.13 Long service leave will be paid fortnightly except that, at the request of the 

Employee, the amount due may be paid in a lump sum at the commencement of the 

leave. 

67.14 If an Employee has been granted sick leave during a period of long service leave 








 

73 
 

and the long service leave has not been extended accordingly, the Employer will 

grant the Employee additional long service leave equivalent to the sick leave debit, 

to be taken at a mutually convenient time. Normal sick leave certification 

requirements will apply. 

67.15 Long service leave continues to accrue during the following absences from work:  

(a) An absence on paid leave;  

(b) From 1 January 2019, an absence after birth or adoption of a child (other than 

in the case of a casual Employee) on unpaid parental leave which, in 

combination with any period of paid parental leave, totals 52 weeks or less; 

(c) An absence of 52 weeks or less when the Employee is in receipt of weekly 

payments of compensation under the Workplace Injury Rehabilitation and 

Compensation Act 2013 (Vic) (or its successor), or Accident Compensation Act 

1985 (Vic); or 

(d) An absence on unpaid leave for which the Employer expressly authorises long 

service leave to accrue. 

 

68. Workplace Relations and OH&S Training Leave 

 

68.1 In order to encourage cooperative workplace relations and facilitate the operation of 

this Agreement, an Employee who has been nominated by the Union and has been 

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

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

as the granting of such leave will not unduly affect the Employer’s operational 

requirements. The Employer will not unreasonably refuse the granting of such 

training leave. 

68.2 An Employee may be granted the leave specified in clause 68.1 where the 

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

understanding of industrial relations, occupational health and safety, safe work 

practices, knowledge of award and other industrial entitlements and the upgrading 

of Employee skills in all aspects of trade union functions. 

68.3 An Employee may be granted paid leave under this clause in excess of five days 

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

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

68.4 An Employee, upon election as a health and safety representative, shall be granted 

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

appropriate introductory health and safety representative’s course, and thereafter 

an annual one-day refresher course, from a training organisation of their choice that 

is approved by the Victorian WorkCover Authority. The Employer shall meet any 

reasonable costs incurred. Leave under this clause for introductory training may 

only be granted to an Employee on one occasion and is additional to any other 

leave granted under this clause. 

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

attend training approved by the Victorian WorkCover Authority under the 








 

74 
 

Occupational Health and Safety Act 2004 (Vic), which is relevant to the functions of 

the Designated Work Group (DWG). 

69. Employee representation on CPSU SPSF Victorian Branch Council 

 

69.1 Employees who are CPSU SPSF Victorian Branch Council members nominated by 

the Branch Secretary of the CPSU will be entitled to a half day per month to attend 

Branch Council meetings. Time release will include reasonable time to travel to the 

meetings.  

(a) Additional paid leave will be granted to Employees who are CPSU SPSF 

Victorian Branch Council members nominated by the Branch Secretary to 

attend: 

(i) Federal Executive and Federal Council meetings of the CPSU, and  

(ii) The Australian Council of Trade Unions’ triennial conference. 

(b) On application, the Employer shall grant leave without pay to an Employee for 

the purposes of secondment to work for a Union.  

 

Part 7 – Health and Safety, Wellbeing, Union Representation and Related 

Matters 

70. Occupational Health and Safety 

70.1 Objectives 

(a) This Agreement acknowledges and supports the rights of Employees to work in 

an environment, which is, so far as is practicable, safe and without risks to 

health. The Parties are committed to the promotion of a joint and united approach 

to consultation and resolution of Occupational Health and Safety (OH&S) issues. 

(b) The Agreement commits the Parties to improving health and safety with a view 

to improving workplace efficiency and productivity. This will be accomplished 

through the ongoing development, in consultation with Employees and their 

health and safety representatives, of management systems and procedures 

designed to, so far as is practicable to: 

(i) Identify, assess and control workplace hazards; and 

(ii) Reduce the incidence and cost of occupational injury and illness; and 

(iii) Identify and appropriately manage work and work practices which impact 

on OH&S; and 

(iv) Provide a rehabilitation system for Employees affected by occupational 

injury or illness; and  

(v) Consider the impact of changes to work practices and staffing on 

occupational health and safety, and 

(vi) Ensure that health and safety representatives can exercise their powers to 

the extent provided for in the Occupational Health and Safety Act 2004 

(Vic) and the Occupational Health and Safety Regulations 2017 (or its 








 

75 
 

successor). 

(c) OH&S statutory requirements, including regulations and codes of 

practice/compliance codes are minimum standards and will be improved upon 

where practicable. 

70.2 OH&S consultation 

(a) Consultative mechanisms will be established to address OH&S issues. Such 

mechanisms will be: 

(i) In accordance with the Victorian Occupational Health and Safety Act 2004 

(Vic); and 

(ii) Established in consultation with Employees and their health and safety 

representatives; and 

(iii) Consistent with the Employer’s agreed issue resolution procedures and the 

rights and functions of health and safety representatives, consistent with 

the Occupational Health and Safety Act 2004 (Vic). 

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

Employees, including health and safety representatives. 

(c) The OH&S committee must operate within the requirements of the Occupational 

Health and Safety Act 2004 (Vic). 

(d) A Union Workplace representative may attend local OH&S committee meetings 

(by giving notice) from time to time. 

70.3 OH&S training 

(a) Workplace training programs, including induction and on the job training will 

outline relevant details of OH&S policies and procedures. 

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

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

procedures, particular hazards associated with their workplaces, control 

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

identify hazards and instigate preventative action. 

 

71. Designated Work Groups 

 

71.1 The Parties will review the Designated Work Groups (DWGs), and negotiate revised 

DWGs where appropriate through workplace Union/management consultative 

structures. 

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

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

available. An Employee will be granted reasonable time release or paid time 

(including time in lieu) to attend to their functions as a health and safety 

representative, including but not limited to regularly inspecting workplaces (as 

defined by their DWG), consulting with Employees in their DWGs, OH&S 

representatives and other persons involved in the organising of Employees’ health, 

safety and welfare. 








 

76 
 

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

format to the Union. The information provided will be in accordance with the Privacy 

and Data Protection Act 2014 (Vic) (or its successor). Where possible, this 

information will include: 

(a) A description, including the location, of each DWG; 

(b) The name of each elected health and safety representative, their workplace 

contact details and email address; 

(c) The date the health and safety representative was elected; 

(d) A description of the training the health and safety representative has attended 

and the date of attendance; 

(e) The name and contact details of the nominated management representative 

responsible for each DWG; 

(f) Details of the structure of OH&S committees, their meeting frequency and the 

name and contact details of the committee convener; and 

(g) A list of vacancies for health and safety representatives in DWGs where the 

majority of DWG Employees are eligible to be members of a Union. 

 

72. Critical Incident Responses 

 

72.1 The Employer will provide support and debriefing to Employees who have directly or 

vicariously experienced a “critical incident” during the course of the work that results 

in personal distress or psychological trauma. The Employer is committed to 

assisting the recovery of Employees experiencing distress or trauma following a 

critical incident with the aim of returning Employees to their pre incident level of 

functioning as soon as possible. 

(a) A critical incident is defined as an event outside the range of usual human 

experience which has the potential to easily overcome a person's normal ability 

to cope with stress. It may produce a negative psychological response in an 

Employee who was involved in or witnessed, or otherwise deals with and/or is 

exposed through their course of their duties to the details of such an incident. 

(b) Critical incidents in the workplace environment include, but are not limited to: 

(i) Aggravated assaults; or 

(ii) Robbery; or 

(iii) Suicide or attempted suicide; or 

(iv) Murder; or 

(v) Sudden or unexpected death; or 

(vi) Hostage or siege situations; or 

(vii) Discharge of firearms; or 








 

77 
 

(viii) Vehicle accidents involving injury and/or substantial property damage; or 

(ix) Acts of self-harm by persons in the care of others; or 

(x) Industrial accidents involving serious injury or fatality; or 

(xi) Accounts of sexual violence; or 

(xii) Accounts of child abuse and domestic violence; or 

(xiii) Any other serious accidents or incidents. 

 
 

73. Anti-Bullying and Violence at Work 

 

73.1 The Parties to this Agreement are committed to working together to reduce bullying 

and occupational assault so far as is practicable in the workplace. 

 

73.2 Over the life of the Agreement, the Parties commit to work towards a consistent, 

service wide approach to prevent and manage negative workplace behaviour, 

including by: 

(i) Continuing and finalising the drafting of a common anti-bullying policy to be 

implemented. 

(ii) Ensuring Employee awareness of expected standards of behaviour, Employee 

duties in respect of occupational health and safety and of what constitutes and 

how to prevent and address negative workplace behaviour; 

(iii) Ensuring supervisor and manager capability to prevent and manage negative 

workplace behaviour; 

(iv) Ensuring consistent, best practice processes for managing negative behaviour 

in accordance with clause 27, Disciplinary Action processes. 

 

74. Anti-Gendered Violence at Work 

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

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

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

Gendered violence includes: 

(a) Violence directed at women because they are women; 

(b) Violence directed at a person because they identify as lesbian, gay, bisexual, 

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

(c) Violence directed at a person because they don’t conform to socially prescribed 

gender roles or dominant definitions of masculinity or femininity. 

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

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

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








 

78 
 

the workplace (such as work peers and managers). 

74.3 The Employer, the Union and Employees are committed to working together to 

reduce gendered violence, so far as is practicable, in the workplace. The Employer 

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

policy. 

 

75. Anti-Discrimination and Workplace Diversity  

75.1 The Parties covered by this Agreement respect and value the diversity of the 

workforce by helping to prevent and eliminate discrimination on the basis of race, 

colour, sex, sexual preference, gender, age, physical or mental disability, marital 

status, family or carer’s responsibilities, pregnancy, religion, political opinion, 

national extraction, social origin, or any other attributes protected by anti- 

discrimination legislation. 

75.2 The Employer recognises the importance of workplace diversity and inclusion. The 

Employer will strive to create a diverse workforce and an environment that 

recognises, values, utilises and reflects the diverse society in which we live. In this 

context, diversity includes cultural diversity, Aboriginal and Torres Strait Islander 

identity, sexuality, age, gender identity, ability, neurodiversity and carer 

responsibilities. 

75.3 Accordingly, in fulfilling their obligations under the procedures in clause 22, 

Resolution of Disputes, the Parties must make every endeavour to ensure that 

neither the Agreement provisions nor their operation are directly or indirectly 

discriminatory in their effects.  

75.4 Nothing in this clause is to be taken to affect:  

(a) A different treatment (or treatment having different effects) which is specifically 

exempted under the Commonwealth anti-discrimination legislation; or 

(b) An Employee, the Employer or Union pursuing matters of discrimination in any 

State or Federal jurisdiction, including by application to the Australian Human 

Rights Commission; or 

(c) The exceptions in section 351(2) and 772(2) of the FW Act or the operation of 

sections 772(3) and 772(4) of the FW Act. 

75.5 The Employer will act in accordance with its obligations under:  

(a) The Equal Opportunity Act 2010 (Vic) (or its successor); and 

(b) The Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic) (or 

its successor); and 

(c) The Gender Equality Act 2020 (Vic) (or its successor). 

These obligations apply to the Employer but do not form part of the Agreement. 








 

79 
 

76. Diversity and Inclusion 

76.1 It is the intention of the Parties to this Agreement to: 

(a) Aspire to the overall vision of the Employer’s Diversity and Inclusion strategy, 

which is to: 

(i) Ensure a workplace which is as diverse as the community we serve; 

(ii) Take a leadership position as a champion of diversity; and  

(iii) Harness the power of diversity to improve our service delivery and client 

experience. 

(b) Achieve the principal object in section 336(c) of the FW Act through respecting 

and valuing the diversity of the workforce by helping to prevent and eliminate 

discrimination on the basis of race, colour, gender, sexual orientation, age, 

physical or mental disability, marital status, family or carer’s responsibilities, 

pregnancy, religion, political opinion, national extraction, social origin, industrial 

activities or any other prohibited ground of discrimination. 

76.2 Accordingly, in fulfilling their obligations under the disputes settling procedures 

under clause 22, Resolution of Disputes, the Parties must make every endeavour to 

ensure that neither the Agreement provisions nor their operation are directly or 

indirectly discriminatory in their effects.   

76.3 Nothing in this clause is to be taken to affect: 

(a) Any different treatment (or treatment having different effects) which is 

specifically exempted under the Commonwealth and State anti-discrimination 

legislation and all Victorian law; or  

(b) An Employee, the Employer or registered organisation pursuing matters of 

discrimination in any State or Federal jurisdiction, including by application to the 

Victorian Equal Opportunity and Human Rights Commission; or 

(c) Sections 351 (1) and 772, and the exemptions in section 351 (2), of the FW Act. 

 

77. Union Representatives 

77.1 The Employer and the CPSU (the Union) covered by this Agreement agree that one 

or more Employees employed within a section or workplace may be appointed as a 

Union representative within the workplace. 

77.2 The Employer will recognise that the person is appointed by the CPSU as the 

representative on receiving written notice from the Branch Secretary of the CPSU 

that the Employee is the appointed representative of the Union for that workplace. 

77.3 Provided that the Union representative does not unreasonably hinder or obstruct 

any Employee in the performance of work, the Employer will allow the Union 

representative reasonable paid time during working hours to: 

(a) Discuss with Union members matters concerning the work they perform; 








 

80 
 

(b) Discuss with an official of the Union matters discussed with members; 

(c) Receive instructions from the Union about the performance of Union duties; and 

(d) Discuss with the Employer representatives matters raised by members 

concerning their employment. 

77.4 During the period of induction, the Employer will provide the Employee with a copy 

of this Agreement and information regarding the role of the Union and/or Union 

delegates under the terms of this Agreement. The Employer will ensure that the 

Union is included in the induction process and are provided with an opportunity to 

explain their role, functions and processes provided for under this Agreement.  

 

78. Protection and Facilities for Union Officers 

78.1 An Employee shall not be injured in employment by reason of membership of a 

Union covered by this Agreement or by reason of their status as a Union 

representative. 

78.2 The Employer will allow officers of the Union reasonable use of notice boards and 

the Employer’s electronic communication systems for work-related matters, provided 

that such use is not offensive or improper. 

78.3 Employees will be allowed reasonable access to electronic communication devices 

to facilitate communication between Employees and their Union, if applicable, 

provided such communication is not offensive or improper. 

78.4 Honorary Office Holders of a Union covered by this Agreement who are nominated 

by the Branch Secretary of that Union are entitled to a half day per month to attend 

authorised meetings relevant to their office and roles. Time release will include 

reasonable time to travel to the meetings. 

 

79. Union Official Right of Entry 

79.1 For the purpose of ensuring compliance with this Agreement and the FW Act, 

duly accredited officials of the Union covered by this Agreement who have been 

issued with an entry permit pursuant to the FW Act may, at any time during 

working hours, and provided they comply with Part 3-4 of the FW Act, be 

permitted to enter premises for the purpose of holding discussions with one or 

more Employees: 

(a) Who perform work on the premises; and 

(b) Whose industrial interests the permit holder's organisation is entitled to 

represent; and 

(c) Who wish to participate in those discussions. 

79.2 A permit holder must not intentionally hinder or obstruct any person, or otherwise 

act in an improper manner. 

 

 








 

81 
 

SCHEDULE 1 - Salaries 

 
Salary increases 

 

Date Percentage 
increase 

5 July 2021 1.00% 

1 December 2021 1.00% 

1 June 2022 1.00% 

1 December 2022 1.00% 

1 June 2023 1.00% 

1 December 2023 1.00% 

1 June 2024 1.00% 

1 December 2024 1.00% 

 

Pay Structure 

 

Band 
5 July 
2021 

1 Dec 
2021 

1 June 
2022 

1 Dec 
2022 

1 June 
2023 

1 Dec 
2023 

1 June 
2024 

1 Dec 
2024 

Band 13         

Max $231,412 $233,726 $236,064 $238,424 $240,808 $243,217 $245,649 $248,105 

Min $176,990 $178,760 $180,548 $182,353 $184,177 $186,019 $187,879 $189,758 

Band 12         

12.6 $174,374 $176,118 $177,879 $179,658 $181,455 $183,269 $185,102 $186,953 

12.5 $171,941 $173,661 $175,397 $177,151 $178,923 $180,712 $182,519 $184,344 

12.4 $169,508 $171,203 $172,915 $174,645 $176,391 $178,155 $179,936 $181,736 

12.3 $167,075 $168,746 $170,433 $172,138 $173,859 $175,598 $177,354 $179,127 

12.2 $164,642 $166,289 $167,951 $169,631 $171,327 $173,041 $174,771 $176,519 

12.1 $162,209 $163,831 $165,469 $167,124 $168,795 $170,483 $172,188 $173,910 

Band 11         

11.6 $159,288 $160,881 $162,490 $164,115 $165,756 $167,413 $169,088 $170,778 

11.5 $157,065 $158,636 $160,222 $161,824 $163,443 $165,077 $166,728 $168,395 

11.4 $154,842 $156,391 $157,954 $159,534 $161,129 $162,741 $164,368 $166,012 

11.3 $152,619 $154,145 $155,687 $157,244 $158,816 $160,404 $162,008 $163,628 

11.2 $150,396 $151,900 $153,419 $154,953 $156,503 $158,068 $159,648 $161,245 

11.1 $148,173 $149,655 $151,151 $152,663 $154,189 $155,731 $157,289 $158,862 

Band 10         

10.6 $143,683 $145,119 $146,571 $148,036 $149,517 $151,012 $152,522 $154,047 

10.5 $142,187 $143,609 $145,045 $146,495 $147,960 $149,440 $150,934 $152,443 

10.4 $140,175 $141,577 $142,992 $144,422 $145,867 $147,325 $148,798 $150,286 

10.3 $138,164 $139,546 $140,941 $142,350 $143,774 $145,212 $146,664 $148,130 

10.2 $136,153 $137,515 $138,890 $140,279 $141,681 $143,098 $144,529 $145,974 

10.1 $134,142 $135,484 $136,838 $138,207 $139,589 $140,985 $142,395 $143,819 

Band 9         

9.6 $130,344 $131,647 $132,963 $134,293 $135,636 $136,992 $138,362 $139,746 

9.5 $128,444 $129,728 $131,025 $132,336 $133,659 $134,996 $136,346 $137,709 

9.4 $126,545 $127,810 $129,088 $130,379 $131,683 $133,000 $134,330 $135,673 

9.3 $124,800 $126,048 $127,308 $128,581 $129,867 $131,166 $132,477 $133,802 

9.2 $123,055 $124,286 $125,529 $126,784 $128,052 $129,332 $130,626 $131,932 

9.1 $121,310 $122,523 $123,748 $124,986 $126,236 $127,498 $128,773 $130,061 

Band 8         

8.6 $117,821 $118,999 $120,189 $121,391 $122,605 $123,831 $125,069 $126,320 

8.5 $116,075 $117,236 $118,408 $119,592 $120,788 $121,996 $123,216 $124,448 

8.4 $114,432 $115,576 $116,732 $117,899 $119,078 $120,269 $121,472 $122,687 

8.3 $112,789 $113,917 $115,056 $116,206 $117,368 $118,542 $119,727 $120,925 

8.2 $111,145 $112,257 $113,379 $114,513 $115,658 $116,815 $117,983 $119,163 

8.1 $109,503 $110,598 $111,704 $112,821 $113,949 $115,089 $116,240 $117,402 








 

82 
 

Band 
5 July 
2021 

1 Dec 
2021 

1 June 
2022 

1 Dec 
2022 

1 June 
2023 

1 Dec 
2023 

1 June 
2024 

1 Dec 
2024 

Band 7         

7.6 $106,404 $107,468 $108,542 $109,628 $110,724 $111,831 $112,949 $114,079 

7.5 $104,854 $105,903 $106,962 $108,031 $109,112 $110,203 $111,305 $112,418 

7.4 $103,305 $104,338 $105,381 $106,435 $107,499 $108,574 $109,660 $110,757 

7.3 $102,048 $103,069 $104,100 $105,141 $106,192 $107,254 $108,326 $109,410 

7.2 $100,792 $101,800 $102,818 $103,846 $104,884 $105,933 $106,993 $108,063 

7.1 $99,536 $100,531 $101,536 $102,552 $103,577 $104,613 $105,659 $106,716 

Band 6         

6.6 $97,022 $97,992 $98,972 $99,961 $100,961 $101,971 $102,990 $104,020 

6.5 $95,765 $96,723 $97,690 $98,667 $99,654 $100,650 $101,657 $102,673 

6.4 $94,411 $95,355 $96,308 $97,272 $98,244 $99,227 $100,219 $101,221 

6.3 $93,055 $93,986 $94,926 $95,875 $96,834 $97,802 $98,780 $99,768 

6.2 $91,700 $92,617 $93,543 $94,479 $95,423 $96,378 $97,341 $98,315 

6.1 $90,346 $91,249 $92,161 $93,083 $94,014 $94,954 $95,904 $96,863 

Band 5         

5.6 $87,788 $88,666 $89,553 $90,448 $91,353 $92,266 $93,189 $94,121 

5.5 $86,509 $87,374 $88,247 $89,130 $90,021 $90,921 $91,831 $92,749 

5.4 $85,230 $86,082 $86,943 $87,812 $88,691 $89,577 $90,473 $91,378 

5.3 $84,084 $84,924 $85,774 $86,631 $87,498 $88,373 $89,256 $90,149 

5.2 $82,937 $83,767 $84,604 $85,450 $86,305 $87,168 $88,039 $88,920 

5.1 $81,791 $82,609 $83,435 $84,269 $85,112 $85,963 $86,823 $87,691 

Band 4         

4.6 $79,497 $80,292 $81,095 $81,906 $82,725 $83,552 $84,388 $85,232 

4.5 $78,351 $79,134 $79,926 $80,725 $81,532 $82,347 $83,171 $84,003 

4.4 $77,243 $78,015 $78,795 $79,583 $80,379 $81,183 $81,995 $82,815 

4.3 $76,135 $76,896 $77,665 $78,442 $79,226 $80,018 $80,819 $81,627 

4.2 $75,027 $75,777 $76,535 $77,300 $78,073 $78,854 $79,643 $80,439 

4.1 $73,919 $74,658 $75,405 $76,159 $76,920 $77,689 $78,466 $79,251 

Band 3         

3.6 $71,826 $72,544 $73,270 $74,003 $74,743 $75,490 $76,245 $77,007 

3.5 $70,779 $71,487 $72,201 $72,923 $73,653 $74,389 $75,133 $75,884 

3.4 $69,732 $70,430 $71,134 $71,845 $72,564 $73,289 $74,022 $74,763 

3.3 $68,751 $69,438 $70,133 $70,834 $71,542 $72,258 $72,980 $73,710 

3.2 $67,769 $68,447 $69,131 $69,822 $70,521 $71,226 $71,938 $72,658 

3.1 $66,786 $67,454 $68,129 $68,810 $69,498 $70,193 $70,895 $71,604 

Band 2         

2.6 $64,823 $65,471 $66,126 $66,787 $67,455 $68,129 $68,811 $69,499 

2.5 $63,841 $64,480 $65,124 $65,776 $66,433 $67,098 $67,769 $68,446 

2.4 $62,938 $63,568 $64,203 $64,845 $65,494 $66,149 $66,810 $67,478 

2.3 $62,034 $62,655 $63,281 $63,914 $64,553 $65,199 $65,851 $66,509 

2.2 $61,131 $61,743 $62,360 $62,984 $63,613 $64,250 $64,892 $65,541 

2.1 $60,227 $60,830 $61,438 $62,052 $62,673 $63,300 $63,933 $64,572 

Band 1         

1.6 $58,523 $59,109 $59,700 $60,297 $60,900 $61,509 $62,124 $62,745 

1.5 $57,671 $58,248 $58,830 $59,418 $60,013 $60,613 $61,219 $61,831 

1.4 $56,819 $57,387 $57,961 $58,540 $59,126 $59,717 $60,314 $60,917 

1.3 $55,979 $56,539 $57,104 $57,675 $58,252 $58,835 $59,423 $60,017 

1.2 $55,151 $55,703 $56,260 $56,822 $57,390 $57,964 $58,544 $59,129 

1.1 $54,336 $54,879 $55,428 $55,982 $56,542 $57,108 $57,679 $58,256 

 

 

 

 

 

 








 

83 
 

SCHEDULE 2 - Transitional Arrangements for Conciliation Officers:  
 

1. This Schedule applies only to Conciliation Officers employed on the Standard Executive 
Employment Contract via the Public Administration Act 2004 (Vic) (or its successor), Part 3, 
Division 5 (CO Contract), and who are employed as at the date of Fair Work Australia 
certification of the Accident Compensation Conciliation Service Enterprise Agreement 2021-
2025 (the Enterprise Agreement).  

 

2. Within four (4) weeks of certification of the Enterprise Agreement or prior to the expiration of 
existing CO Contracts, whichever is the earlier, the employer will offer all eligible Conciliation 
Officers the opportunity to transition to a standard form, ongoing employment contract with 
terms and conditions covered by the Enterprise Agreement. 

 

3. Conciliations Officers who choose not to accept an offer of ongoing employment under the 
Enterprise Agreement will continue to have their employment terms and conditions 
determined by their existing CO Contract, which shall remain in force for the term of their 
contract or their date of resignation, whichever is the earlier. 

 

4. Conciliation Officers who accept an ongoing employment offer will translate into Band 11.4 of 
the Pay Structure as set out in Schedule 1.  

 

5. To avoid doubt, no Employee whose employment status changes by the application of this 
Schedule will have their Salary reduced. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 








 

84 
 

 

SIGNATURES OF PERSONS AUTHORISED TO SIGN THE AGREEMENT: 

 

 

Signed for and on behalf of the Employer 

Accident Compensation Conciliation Service 

Level 1, 215 Spring Street, Melbourne, Victoria 3000 

 

 

 

 

Signature: 

Alyssa Duffy 

Chief Executive Officer  

Accident Compensation Conciliation Service 

 

 

Signed for and on behalf of 

Community and Public Sector Union, SPSF Group Victorian Branch, 

Level 4, 128 Exhibition Street, Melbourne Victoria 3000 

ABN: 38 968 067 748 

 

 

 

 

Signature: 

Karen Batt 

Branch Secretary  

CPSU SPSF Group Victorian Branch 

Authorised under rule 9 of the Rules of the CPSU, the Community and Public Sector 

Union - Chapter A. 

 

 

 






  

 3 



IN THE FAIR WORK COMMISSION 

FWC Matter No.: AG2021/8687 

Applicant: Accident Compensation Conciliation Service 

Section 185 – Application for approval of a single enterprise agreement 

Undertaking – Section 190 
I, John Brennan, General Manager – People and Culture, have the authority given to me by 
the Accident Compensation Conciliation Service to give the following undertaking with 
respect to the Accident Compensation Conciliation Service Enterprise Agreement 2021-2025 
("the Agreement"): 

1. The Agreement will be read and interpreted in conjunction with the National
Employment Standards (NES). Where there is an inconsistency between this
agreement and the NES, and the NES provides a greater benefit, the NES provision
will apply to the extent of the inconsistency.

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

Signature 

15/12/2021 
Date 

Cases cited by this decision: