Melbourne Custody Centre Enterprise Agreement 2021

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Fair Work Act 2009
s.185—Enterprise agreement

G4S Custodial Services Pty Ltd T/A G4S Custodial Services Pty Ltd
(AG2022/1176)

MELBOURNE CUSTODY CENTRE ENTERPRISE
AGREEMENT 2021

Corrections and detentions

DEPUTY PRESIDENT BOYCE SYDNEY, 4 MAY 2022

Application for approval of the Melbourne Custody Centre Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement to be known as
the Melbourne Custody Centre Enterprise Agreement 2021 (Agreement). The application
was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by G4S
Custodial Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

[2] The Employer has provided written undertakings dated 3 May 2022. Those
undertakings are attached at Annexure A to this decision and become terms of the
Agreement. I am satisfied that the undertakings will not cause financial detriment to any
employee covered by the Agreement (as compared to the relevant provisions of the
Corrections and Detention (Private Sector) Award 2020 (Award), and that the undertakings
will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

[3] The Community and Public Sector Union (CPSU), being a bargaining representative
for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the
Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this
organisation.

Conclusion

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

[2022] FWCA 1501

DECISION
FairWork

Commission

* AUSTRALIA FairWork Commission

[2022] FWCA 1501

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is
an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
11 May 2022. The nominal expiry date of the Agreement is 4 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE515870 PR741207

HE FAIR WORT ISSION

[2022] FWCA 1501

Annexure A

IN THE FAIR WORK COMMISSION

FWC Matter No:
AG2022/1176

Applicant:
G4S Custodial Services Pty Ltd

Section 185 - Application for approval of a single-enterprise agreement

Undertaking -Section 190

G4S Austr-alia Pty Ltd

A.8.N. 64 I 00 I 04 658
Level 4
6 16 St Kilda Road
Melboume Vic 3004
PO Box 7190 St Kilda Road
Melboume Vic 8004
Australia

I, Jon De Unamuno, Head of Workplace Relations, have the authority from G4S Custodial Services
Pty Ltd to give the following undertakings with respect to the Melbourne Custody Centre

Enterprise Agreement 2021 ("the Agreement"):

1. Consistent with clause 13.4 (Shift Duration) of the Corrections and Detention (Private
Sector} Award 2020 (Award), Trainee MCC Officers will be rostered for a maximum of 12
ordinary hours per shift.

2. Where a Trainee MCC Officer works ordinary hours between 18:00 and 21:00 Monday to
Friday, G4S will ensure they are paid no less than that applicable Trainee "night span" rate
as per clause 20.3 of the Award.

3. If G4S introduces a roster arrangement whereby Trainee MCC Officers perform
"permanent night work" in accordance with the definition in the Award (noting it is not
G4S' intention to do so), G4S will ensure they are paid no less than the applicable Trainee
rate provided for by clause 20.3 of the Award.

4. The first sentence of clause 16.1 of the Agreement will be applied as if the word
"weekend" was deleted from the clause - e.g. a night shift loading of 15% will be paid for
all hours between 21:00 and 09:00 on weekdays.

5. For all employees other than casual employees, a 4-hour minimum period of overtime will
apply for overtime which is not continuous with ordinary duties. For casual employees, a
3-hour minimum period will apply in the same circumstances.

6. Where a Trainee MCC Officer works on a public holiday, they will be entitled to receive at
least the minimum rate prescribed by clause 20.3 of the Award.

7. If G4S seeks to introduce any new roster arrangements for Trainee MCC Officers, G4S will
ensure employee is afforded separate long breaks of continuous time off work in each
roster cycle in accordance with clause 13.6 of the Award.

G4S Australia Pty Ltd A.B.N. 64 100 104 658 Level 4 616 St Kilda Road Melbourne Vic 3004 PO Box 7190 St Kilda Road Melbourne Vic 8004 Australia IN THE FAIR WORK COMMISSION FWC Matter No: AG2022/1176 Applicant: G4S Custodial Services Pty Ltd Section 185 - Application for approval of a single-enterprise agreement Undertaking -Section 190 I, Jon De Unamuno, Head of Workplace Relations, have the authority from G4S Custodial Services Pty Ltd to give the following undertakings with respect to the Melbourne Custody Centre Enterprise Agreement 2021 ("the Agreement"): 1. Consistent with clause 13.4 (Shift Duration) of the Corrections and Detention (Private Sector) Award 2020 (Award), Trainee MCC Officers will be rostered for a maximum of 12 ordinary hours per shift. 2. Where a Trainee MCC Officer works ordinary hours between 18:00 and 21:00 Monday to Friday, G4S will ensure they are paid no less than that applicable Trainee "night span" rate as per clause 20.3 of the Award. 3. If G4S introduces a roster arrangement whereby Trainee MCC Officers perform "permanent night work" in accordance with the definition in the Award (noting it is not G4S' intention to do so), G4S will ensure they are paid no less than the applicable Trainee rate provided for by clause 20.3 of the Award. 4. The first sentence of clause 16.1 of the Agreement will be applied as if the word "weekend" was deleted from the clause - e.g. a night shift loading of 15% will be paid for all hours between 21:00 and 09:00 on weekdays. 5. For all employees other than casual employees, a 4-hour minimum period of overtime will apply for overtime which is not continuous with ordinary duties. For casual employees, a 3-hour minimum period will apply in the same circumstances. 6. Where a Trainee MCC Officer works on a public holiday, they will be entitled to receive at least the minimum rate prescribed by clause 20.3 of the Award. 7. If G4S seeks to introduce any new roster arrangements for Trainee MCC Officers, G4S will ensure employee is afforded separate long breaks of continuous time off work in each roster cycle in accordance with clause 13.6 of the Award.

[2022] FWCA 1501

These undertakings are provided on the basis of issues raised by the Fair Work Commission in
the application before the Fair Work Commission.

3 May 2022

- These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. 3 May 2022

MEl&OURNEWSTODYCENlRE
EN R ISE AGREEMENT

2021

MELBOURNE CUSTODY CENTRE ENTERPRISE AGREEMENT 2021

Judge
undertaking stamp proper

TABLE OF CONTENTS

PART 1 – AGREEMENT TITLE AND ARRANGEMENT ................................................................................ 5

1. Agreement Title .......................................................................................................................... 5

2. Agreement Coverage and Parties Bound .................................................................................... 5

3. Anti-Discrimination ..................................................................................................................... 5

4. Term of Agreement and NES Requirement ................................................................................ 6

5. Definitions ................................................................................................................................... 6

PART 2 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION .......................................... 7

6. Dispute Settlement Procedure ................................................................................................... 7

7. Consultative Committee ............................................................................................................. 8

8. Code of Conduct.......................................................................................................................... 8

9. Flexibility ..................................................................................................................................... 8

10. Consultation in Relation to Major Change ............................................................................ 11

10.5 Consultation about changes to rosters or hours of work ................................................ 11

PART 3 – EMPLOYER AND EMPLOYEE DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED

ARRANGEMENTS ................................................................................................................................... 12

11. Employment Categories ........................................................................................................ 12

12. Redundancy .......................................................................................................................... 14

13. Termination of Employment ................................................................................................. 15

14. Outside Employment ............................................................................................................ 16

PART 4 – WAGES AND RELATED MATTERS ........................................................................................... 16

15. Classification and Wage Rates .............................................................................................. 16

16. Penalty Rates and Loadings .................................................................................................. 19

17. Overtime ............................................................................................................................... 20

18. Wages Review ....................................................................................................................... 20

19. Payment of Wages ................................................................................................................ 21

20. Allowances ............................................................................................................................ 21

21. Higher Duties ........................................................................................................................ 21

22. Employment Related Legal Expenses ................................................................................... 21

23. Out of Pocket Expenses ........................................................................................................ 22

PART 5 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND ......................................... 22

WORK .................................................................................................................................................... 22

24. Hours of Work ....................................................................................................................... 22

25. Standard Working Hours ....................................................................................................... 22

26. Breaks .................................................................................................................................... 23

27. Notification of Shifts and Work Location .............................................................................. 23

PART 6 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS .......................................................................... 23

28. Application ............................................................................................................................ 23

29. Annual Leave ......................................................................................................................... 23

30. Cash Out of Annual Leave ..................................................................................................... 25

31. Personal Leave ...................................................................................................................... 26

32. Unpaid Carer's Leave ............................................................................................................ 26

33. Compassionate Leave ........................................................................................................... 27

34. Parental Leave ....................................................................................................................... 27

35. Public Holidays ...................................................................................................................... 28

36. Jury Service ........................................................................................................................... 29

37. Attendance at Repatriation Centres ..................................................................................... 29

38. Long Service Leave ................................................................................................................ 30

39. Court Leave ........................................................................................................................... 30

40. Community Service Leave ..................................................................................................... 30

PART 7 – TRANSFERS, TRAVELLING & WORKING AWAY FROM USUAL PLACE OF WORK .................... 31

41. Travelling, Transport and Fares ............................................................................................ 31

PART 8 – TRAINING AND RELATED MATTERS ....................................................................................... 31

42. Training ................................................................................................................................. 31

43. Union Training Leave ............................................................................................................ 32

PART 9 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES .... 32

44. Workers Compensation ........................................................................................................ 32

45. Occupational Health and Safety ........................................................................................... 32

46. Clothing, Equipment and Tools ............................................................................................. 34

47. CPR Refresher ....................................................................................................................... 35

48. Workplace Violence .............................................................................................................. 35

49. Direct and Vicarious Trauma ................................................................................................. 35

PART 10 – COMPLIANCE MATTERS ....................................................................................................... 36

50. Time and Records .................................................................................................................. 36

51. Miscellaneous ....................................................................................................................... 36

52. Next Agreement .................................................................................................................... 36

53. Family and Domestic Violence Leave .................................................................................... 36

PART 11 – WORKPLACE EQUALITY, INCLUSION, AND DIVERSITY ......................................................... 37

54. Gender Equality..................................................................................................................... 37

55. NAIDOC week and First Nations Peoples activities ............................................................... 39

PART 1 – AGREEMENT TITLE AND ARRANGEMENT

1. Agreement Title

1.1 This Agreement shall be known as the Melbourne Custody Centre Enterprise

Agreement 2021 and consists of the following parts:

Part 1 Agreement Title and Arrangement
Part 2 Communication, Consultation and Dispute Resolution
Part 3 Employer and Employee Duties, Employment Relationship and Related

Arrangements
Part 4 Wages and Related matters
Part 5 Hours of Work, Breaks, Overtime, Shiftwork and Weekend Work
Part 6 Leave of Absence and Public Holidays
Part 7 Transfers, Travelling and Working Away From Usual Place of Work
Part 8 Training and Related Matters
Part 9 Occupational Health and Safety Matters, Equipment, Tools and Amenities
Part 10 Compliance Matters

2. Agreement Coverage and Parties Bound

2.1 This Agreement applies to and covers:

(a) G4S Custodial Services Pty Ltd;

(b) those Employees employed in the classifications contained in this Agreement
and while employed at the MCC or another custody or other centre as may be
directed by the Employer from time to time; and

and members upon notification to the FWC pursuant to section 183 of the Fair
Work Act 2009 (Cth).

3. Anti-Discrimination

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

section 3 of the Fair Work Act 2009 (Cth) by respecting and valuing diversity of the
workforce by helping to prevent and eliminate discrimination at their enterprise on the
basis of race, colour, sex, sexual preference, age, physical or mental disability,
marital status, family responsibilities, pregnancy, religion, political opinion, national
extraction or social origin.

3.2 Any dispute concerning these provisions and their operation will be progressed

initially under the dispute resolution procedure of this Agreement.

3.3 Nothing in these provisions allows any treatment that would otherwise be prohibited

by anti-discrimination provisions in applicable Commonwealth, State or Territory
legislation.

3.4 Nothing in these provisions prohibits any discriminatory conduct (or conduct having a

discriminatory effect) that is based on the inherent requirements of a particular
position.

4. Term of Agreement and NES Requirement

4.1 This Agreement will commence in 7 days after it is approved by the Fair Work

Commission (FWC) and shall continue in operation until three (3) years from the
approval date by the FWC.

4.2 This Agreement operates to the exclusion of all previous awards and orders of the
Commission and replaces all previous enterprise agreements in respect of the
Employees. However, any entitlement in the nature of an accrued entitlement to an
individual's benefit which has accrued under any such previous enterprise agreement
will not be affected by the making of this Agreement.

4.3 No employee will on balance, have his or her overall pay and conditions reduced as

a result of the making of this Agreement.

4.4 This Agreement should be read in conjunction with the NES. Where there is any
inconsistency between the Agreement and the NES and the NES provides a greater
benefit, then the NES will prevail.

5. Definitions

5.1 Act means the Fair Work Act 2009 (Cth) as amended from time to time.

5.2 Casual Employee has the meaning given by section 15A of the Act.

5.3 Centre or MCC shall mean the Melbourne Custody Centre, Lonsdale Street,

Melbourne and where the context permits, other custody or other centres operated
through the Melbourne Custody Centre in Victoria by the Employer.

5.4 Confidential Information means any information about the business of the

Employer not in the public domain (other than by a wrongful release) and includes
but is not limited to any document, record, computer files, client information,
information relating to any person in custody or any process or product of the
Employer.

5.5 Employer or G4S or Company shall mean G4S Custodial Services Pty Ltd.

5.6 Employee means the person employed by the Employer in work covered by this

Agreement.

5.7 FWC means Fair Work Commission.

5.8 Fixed-term Employee means the Employee where engaged for a fixed term or for

the duration of a specific project. Where engaged as a Fixed-term Employee, the
Employee will be employed on Full-time or Part-time Hours of work but will not be
entitled to redundancy or notice of termination benefits.

5.9 Full-time Employee means the Employee where engaged on a permanent full-time

basis working the Full- time Hours for the classification in which the Employee is
performing duties.

5.10 Full-time Hours means for an MCC Officer and MCC Supervisor - 80 standard hours
per fortnight (76 ordinary hours plus 4 to 8 additional hours per fortnight averaged
over a 4-week period) plus reasonable additional hours in order to meet operational
requirements.

5.11 Immediate Family Member means :
(a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of

the Employee; and/or
(b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto

partner of the Employee.

5.12 NES means the National Employment Standards.

5.13 Part-time Employee means the Employee where engaged on a permanent part-time

basis and is required to work a number of hours each fortnight less than Full-time
Hours.

5.14 Public Holiday means an appointed public holiday in accordance with the Act or as

declared or prescribed public holidays by the Victorian Government

5.15 Qualifying Period means the 6 month qualifying period prescribed by the Act.

5.16 Shift Worker is an employee who works a roster cycle where their ordinary hours are

rostered outside the span of hours referred to in clause 25.3 and in accordance with 25.4
and 29.2.

5.17 Standard Rate means the appropriate rate pay prescribed in this Agreement for

performing Full-time Hours.

5.18 Trainee means an Employee while engaged by the Employer to undertake and

complete pre-service training courses as outlined in clause 15.4. A Trainee will
receive the rate of pay in Clause 15.1 and conditions, shift loadings and penalties as
set out in this Agreement for the duration of their training course.

5.19 Year means calendar year unless the context provides otherwise.

PART 2 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION

6. Dispute Settlement Procedure

6.1 It is agreed that the Parties to this Agreement shall confer in good faith with a view to

resolving any dispute in relation to a matter arising out of this Agreement or in
relation to the NES. The Employee is entitled to have a support person or
representative, including a union representative, of his/her choice present at each
stage of this procedure.

6.2 Where appropriate the matter must first be discussed by the aggrieved Employees

with his or her immediate supervisor.

6.3 If the matter is not settled, the Employee can require that the matter be discussed

with another representative of G4S.

6.4 If a dispute in relation to a matter arising out of the Agreement is unable to be
resolved at the workplace and all agreed steps for resolving it have been taken, the
dispute may be referred to the FWC for resolution by mediation and/or conciliation
and where the matter in dispute remain unresolved, arbitration. If arbitration is
necessary the FWC may exercise the procedural powers in relation to hearings,
witnesses, evidence and submissions which are necessary to make the arbitration
effective.

6.5 It is a term of this Agreement that while the dispute resolution procedure is being

conducted work will continue as normal unless an Employee has a reasonable
concern about an imminent risk to his or her health and safety.

6.6 Any dispute referred to the FWC under this clause will be, dealt with in accordance to

the process set by the FWC.

6.7 G4S and employees must co-operate to ensure that these procedures are carried out

expeditiously.

7. Consultative Committee

7.1 A Consultative Committee shall, operating within the workplace to promote the

cooperation between the Employer, employees and the Union.

7.2 The Consultative Committee is a forum in which management, employees and where

appropriate, external service providers (“Partners”) that are contracted to deliver
ongoing essential services to the centre are able to express their points of view and
thus contribute to the management decision making process.

7.3 The composition and structure of the Consultative Committee will be determined by

mutual agreement between the General Manager, Melbourne Custody Centre and
employees. The CPSU will be consulted on the composition and structure of the
Consultative Committee.

8. Code of Conduct

8.1 The Employee is required to adhere to the Employer's Code of Conduct as amended

from time to time. The Employer's Code of Conduct does not form part of this
Agreement and Clause 6 - Procedure for the Resolution of Disputes has no
application to the Employer's Code of Conduct.

9. Flexibility

9.1 Individual Flexibility Term

(a) The Employer and an employee covered by this Agreement may agree to make an
individual flexibility arrangement to vary the effect of terms of the Agreement if:

(i) the arrangement deals with:

• arrangements about when work is performed; overtime rates;
penalty rates; allowances; leave loading; and

(ii) the arrangement meets the genuine needs of the Employer and employee in

relation to one or more of the matters mentioned in paragraph (a); and

(iii) the arrangement is genuinely agreed to by the Employer and employee.

(b) The Employer must ensure that the terms of the individual flexibility arrangement:

(i) are about permitted matters under section 172 of the Act; and

(ii) are not unlawful terms under section 194 of the Act; and

(iii) result in the employee being better off overall than the employee would be if
no arrangement was made.

(i) is in writing; and

(ii) includes the name of the Employer and employee; and

(iii) is signed by the Employer and employee and if the employee is under 18
years of age, signed by a parent or guardian of the employee; and

(iv) includes details of:

• the terms of this Agreement that will be varied by the arrangement;

and how the arrangement will vary the effect of the terms; and how
the employee will be better off overall in relation to the terms and
conditions of his or her employment as a result of the
arrangement; and

(v) states the day on which the arrangement commences.

(d) The Employer must give the employee a copy of the individual flexibility

arrangement within 14 days after it is agreed to.

(e) The Employer or employee may terminate the individual flexibility arrangement:

(i) by giving no more than 28 days written notice to the other party to the
arrangement; or

(ii) if the Employer and employee agree in writing — at any time.

9.2 Flexible Work Arrangements

(b) Eligible employees may request a change in their working arrangements due to
the following circumstances:
(i) the employee is the parent, or has the responsibility for the care, of a child

who is of school age or younger;
(ii) the employee is a carer (within the meaning of the Carer Recognition Act

2010);
(iii) the employee has a disability;
(iv) the employee is 55 or older;
(v) the employee is experiencing family or domestic violence;
(vi) the employee provides care or support to a member of the employee’s

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

care of support because the member is experiencing family or domestic
violence.

(i) Full time and part time employees are eligible to make a flexible work
request if they have completed at least 12 months of continuous service
with G4S at the time the request is made.

(ii) Casual employees are eligible to make a flexible work request if at the time
of making the request they:
• have worked on a regular and systematic basis for a period of at least

12 months; and
• have a reasonable expectation of continuing employment on a

regular and systematic basis.

(d) The request must be in writing and set out details of the change being sought
and the reasons for the change (relating to the circumstances outlined at clause
9.1(a)).

(e) G4S may reject the request on reasonable business grounds, which may
include that the arrangements requested:
(i) would be too costly for G4S;
(ii) would require the working arrangements of other employees to be

changed when there is no capacity to do so;
(iii) would require the working arrangements of other employees to be

changed, or the recruit of new employees, which would be impractical;
(iv) would be likely to result in significant loss in efficiency or productivity;
(v) would be likely to have a significant impact on customer or client service.

(f) Before responding to a request, G4S must discuss the request with the

employee and genuinely try to reach an agreement on a change in working
arrangements that will reasonably accommodate the employee’s circumstances
having regard to:
(i) the needs of the employee;
(ii) the consequences for the employee if changes in working arrangements

are not made; and
(iii) any reasonable business grounds for refusing the request.

(g) G4S must provide a written response to the request within 21 days, stating

whether the request is approved or rejected, and if rejected the response must
include reasons why the request is rejected.

(h) If the request has been rejected, the written response must include:
(i) details of the reasons for the refusal, including the business ground(s) for

the refusal and how the ground applies; and
(ii) whether or not there are any alternative changes in working arrangements

that G4S can offer the employee so as to better accommodate the
employee’s circumstances, and what those changes are.

(i) If G4S and the employee reach an agreement under clause 9.1(e) on a change
in working arrangements that differs from the initial request, then G4S must

provide the employee with a written response to the request setting out the
agreed change(s) in working arrangements.

(j) Disputes about whether G4S has discussed the request with the employee and
responded to the request in the way required by clause 9.1(f) can be dealt with
under clause 6 (Dispute Settlement Procedure).

10. Consultation in Relation to Major Change

10.1 Where the Employer has made a definite decision to introduce major changes in

production, program, organisation, structure or technology that are likely to have
significant effects on employees or proposes to introduce change to the regular roster
or ordinary hours of work of employees, the Employer must notify the employees who
may be affected by the proposed changes and their representatives, if any, including
the union. Where possible and appropriate, the Employer will endeavour to notify
changes when there is a final proposal, prior to the making of decisions about how the
change is to be implemented, so that consultation can occur and proper consideration
can be given to measures to mitigate any adverse effects.

10.2 Significant effects include termination of employment, major changes in the

composition, operation or size of the Employer’s workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job tenure,
the alteration of hours of work, the need for retraining or transfer of employees to other
work or locations, Provided that where this Agreement makes provision for alteration
of any of these matters an alteration is deemed not to have significant effect.

10.3 Employer to discuss change:

The Employer must discuss with the employees affected and their representatives, if

any, including the union, the introduction of the changes referred to in clause 10.1,
the effects the changes are likely to have on employees and measures to avert or
mitigate the adverse effects of such changes on employees and must give prompt
consideration to matters raised by the employees and/or their representatives in
relation to the changes.

The discussions must commence as early as practicable after a definite decision has

been made by the Employer to make the changes referred to in clause 10.1.

10.4 For the purposes of such discussion, the Employer must provide in writing to the

employees concerned and their representatives, if any, all relevant information about
the changes including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees provided
that the Employer is required to disclose confidential information the disclosure of
which would be contrary to the Employer’s interests.

10.5 Consultation about changes to rosters or hours of work

(a) Where the Employer proposes to change an employee’s regular roster or
ordinary hours of work, the Employer must consult with the employee or
employees affected and their representatives, if any, about the proposed
change.

(b) The Employer must:

(i) provide to the employee or employees affected and their representatives,
if any, information about the proposed change (for example, information
about the nature of the change to the employee’s regular roster or
ordinary hours of work and when that change is proposed to commence);

(ii) invite the employee or employees affected and their representatives, if

any, to give their views about the impact of the proposed change
(including any impact in relation to their family or caring responsibilities);
and

(iii) give consideration to any views about the impact of the proposed change

that are given by the employee or employees concerned and/or their
representatives.

employee has irregular, sporadic or unpredictable working hours.

(d) These provisions are to be read in conjunction with other Agreement provisions
concerning the scheduling of work and notice requirements.

10.6 The Employer, employees and the union must act in good faith in relation to the

consultation process provided in this clause. ‘Good faith’ includes obligations to meet,
disclose relevant information (other than confidential information the disclosure of
which is contrary to the Employer’s interests), genuinely consider proposals and
respond with reasons, and to refrain from capricious or unfair conduct that undermines
consultation.

10.7 For the purpose of clarity, the Employer’s requirement to consult regarding major

changes to the roster or ordinary hours of work identified in clause 10.1 shall only
apply to changes in the rostering which impact all or a significant number of
employees. It shall not impact the ability of the employer to rotate an employee’s
roster as per the operational requirements of the Centre.

PART 3 – EMPLOYER AND EMPLOYEE DUTIES, EMPLOYMENT

RELATIONSHIP AND RELATED ARRANGEMENTS

11. Employment Categories

Employees will be employed on a full-time, part-time, casual, fixed-term or on
qualifying basis as agreed between the parties and as further described below. The
Employee's category of employment may change during the term of this Agreement,
by agreement between the Employer and the Employee.

11.1 Full-time Employee

Full-time Employee means the employee is engaged on a permanent full-time basis
and required to work Full-time Hours.

11.2 Part-time Employee

(a) Part-time Employee means the employee is engaged on a permanent part-time
basis and shall be paid an hourly rate for the relevant classification. While so

engaged, the Employee shall be entitled to annual leave, long service leave
and paid personal leave as provided for in this Agreement on a pro-rata basis.

(b) This means an employee who is required to work on a roster with less than an

average of 38 hours each week on a permanent basis.

(c) A Part-time Employee’s agreed working hours will be reflected in their contract
of employment, and any variation to the working hours must be in writing.

(d) All time worked in excess of the agreed working hours, or hours as varied,
under clause 11.2(c) will be paid as overtime in accordance with clause 17.1.

(e) Part-time Employees will be rostered for a minimum of 3 hours on any shift.

11.3 Casual Employee

(a) Casual Employee means the employee is engaged on a casual basis and shall
be paid an hourly rate for the relevant classification. Where so engaged, the
Employee will also receive a 25% loading for each Standard hour worked.

(b) Subject to any applicable legislation, where engaged as a Casual Employee,

the employee shall not be, entitled to paid leave (including annual leave,
personal leave, jury service, blood donor's leave), parental leave or any other
form of leave identified in Part 6 of this Agreement (unless the form of leave is
specifically stated to apply to a Casual Employee in the applicable clause of this
Agreement). Where so engaged, the Employee will not be entitled to notice of
termination or redundancy.

for more than 80 Standard hours per fortnight and shall be entitled to a
minimum of 4 hours payment per engagement.

(d) Casual employees will be paid in accordance with the rates specified in this

Agreement.

(e) Offers and requests for conversion from casual employment to full-time or part-

time employment are provided for in the NES.

11.4 Fixed-term Employee

Fixed-term Employee means the employee is engaged as a full-time or part-time
employee for a defined period or a defined project.

11.5 Qualifying Period

Without limiting any provisions of the Act regarding Qualifying Periods, any offer of
employment is subject to satisfactory completion of a Qualifying Period of 6 months.
Prior to the expiration of this Qualifying Period, the Employer will conduct a review of
the employee's performance. For the purpose of clarity, the 6 month Qualifying
Period shall not apply to casual employees.

12. Redundancy

12.1 Where an employee is entitled to payment upon redundancy, severance payments

will be calculated based upon the roster or projected roster in accordance with the
following conditions:

PERIOD OF CONTINUOUS SERVICE SEVERANCE PAY

Less than 1 Year Nil
1 year but less than 2 years 4 week's pay
2 years but less than 3 years 6 week's pay
3 years but less than 4 years 7 week's pay

4 years but less than 5 years 8 week's pay
5 years but less than 6 years 10 week's pay

6 years but less than 7 years 11 week's pay
7 years but less than 8 years 13 week's pay

8 years but less than 9 years 14 week's pay
9 years but less than 10 years 16 week's pay
10 years and over 12 week's pay

12.2 The employee is not entitled to receive a severance payment if he or she is offered

comparable alternative employment (being employment on terms by the Employer or
a successor to the Employer which are substantially similar to and no less favourable
than the employee's present terms) and the employee refuses to accept such offer of
employment.

12.3 Job Search Leave

12.3.1 Where G4S have given notice of redundancy to an Employee, the Employee shall be
allowed one day off per week of the notice period in clause 13.1.1 without loss of pay
for the purpose of seeking other employment.

12.3.2 The time off shall be taken at a time that is convenient to the Employee after
consultation with G4S.

12.3.3 If the Employee has been allowed paid leave for more than one day during the notice
period, G4S may request that the Employee provide proof of attendance at an
interview. For this purpose, a statutory declaration will be sufficient.

12.4 Transfer to Lower Paid Duties

12.4.1 Where an Employee whose job has been made redundant accepts an offer of
alternative work by G4S, the rate of pay for which is less than the rate of pay for the
former position, the Employee is entitled to the same period of notice for the date of
commencement of work in the new position as outlined in clause 13.1.1.

12.4.2 G4S may, at its discretion, make payment in lieu of an amount equal to the difference
between the former rate of pay and the new lower rate of pay for the number of
weeks of notice still owing.

12.5 Leaving During Notice Period

12.5.1 An Employee who has been given notice of redundancy may terminate their
employment during the minimum period of notice prescribed in clause 13.1.1, and
continue to be entitled to receive the severance payment they would have received
had they remained in employment until the expiry of the notice.

12.5.2 However, the Employee is not entitled to be paid for any part of the period of notice
after the Employee ceased to be employed.

13. Termination of Employment

13.1 Notice of termination

13.1.1 Subject to the provisions of the Act, where the employee is entitled to notice of

termination, the Employer shall give the Employee the following notice:

PERIOD OF CONTINUOUS SERVICE PERIOD OF NOTICE
Less than 1 year 1 week

1 year and less than 3 years 2 weeks
3 years and less than 5 years 3 weeks
5 years and over 4 weeks

13.1.2 In addition to the notice in clause 13.1.1, where the employee has not less than 2
years continuous service and is over 45 years of age at the time of the giving of
notice, he or she shall be entitled to an additional period of notice of one week.

13.1.3 Payment in Lieu of Notice

(a) Any payment in lieu of notice as prescribed in clause 13.1 shall be made if the
appropriate notice is not given, provided that employment may be terminated
by part of the period of notice specified and part payment in lieu thereof.

(b) In calculating any payment in lieu of notice the wages the employee should

have received in respect of the ordinary time he or she would have worked
during the period of notice had his or her employment not been terminated
shall be used.

conduct that justifies instant dismissal.

13.1.4 Notice of Termination by the Employee

Where applicable, in order to terminate employment the employee shall give the
Employer the same period of notice as contained in clause 13.1.1.

13.1.5 Obligations on Termination

If the employee's employment is terminated for any reason then:

(a) The Employer may set off amounts owed to by the employee against any
amounts the Employer owes to the employee, as at the date of termination,
where permitted by law;

(b) The employee must return all of the Employer's property including, but not

limited to Confidential Information and all documents, keys, security passes
and uniforms; and

continues after termination.

14. Outside Employment

14.1 It shall be a condition of this Agreement that the employee's employment with the

Employer shall be the primary form of employment and the employee shall advise the
Employer of other external employment undertaken or proposed to be undertaken.

14.2 The employee shall not engage in other external employment unless written consent

has first, been gained from the Centre Manager (which consent shall not be
unreasonably refused).

14.3 This clause does not apply where the employee is, engaged as a Part-time Employee

or a Casual Employee unless, in the reasonable opinion of the Centre Manager, his or
her performance is affected or is likely to be, affected by the carrying out of other
external employment.

PART 4 – WAGES AND RELATED MATTERS

15. Classification and Wage Rates

15.1 Employees covered by this Agreement will be engaged in one of the following

classifications and be paid in accordance with the following rates of pay:

PAY RATES - FROM FIRST FULL PAY PERIOD ON OR AFTER AGREEMENT IS APPROVED

FULL-
TIME/PART-
TIME

Standard
Rate

Night
Rate

Saturday
Rate

Sunday
Rate

Public
Holiday
Rate

1.5
Overtime
Rate

2.0
Overtime
Rate

Public Holiday
Overtime Rate

Role
Classification

100% 115% 150% 200% 210% 150% 200% 210%

Trainee MCC
Officer

$21.70 $24.95 $32.55 $43.40 $45.57 $32.55 $43.40 $ 45.57

MCC Officer $28.50 $32.77 $42.74 $56.99 $59.84 $42.74 $56.99 $59.84

Court
Security
Supervisor

$35.88 $41.26 $53.81 $71.75 $75.34 $53.81 $71.75 $75.34

CASUAL
(rates
inclusive of
casual
loading
where
applicable)

Ordinary
Rate

Night
Rate

Saturday
Rate

Sunday
Rate

Public
Holiday
Rate

1.5
Overtime
Rate

2.0
Overtime
Rate

Public Holiday
Overtime Rate

Role
Classification

125% 140% 175% 225% 235% 150% 200% 210%

Trainee MCC
Officer

$27.12 $30.38 $37.97 $48.82 $50.99 $32.55 $43.40 $45.57

MCC Officer $35.62 $39.89 $49.87 $64.11 $66.96 $42.74 $56.99 $59.84

Court
Security
Supervisor

$44.84 $50.23 $62.78 $80.72 $84.31 $53.81 $71.75 $75.34

PAY RATES - FROM FIRST FULL PAY PERIOD ON OR AFTER 1 JULY 2022

FULL-
TIME/PART-
TIME

Standard
Rate

Night
Rate

Saturday
Rate

Sunday
Rate

Public
Holiday
Rate

1.5
Overtime
Rate

2.0
Overtime
Rate

Public Holiday
Overtime Rate

Role
Classification

100% 115% 150% 200% 210% 150% 200% 210%

Trainee MCC
Officer

$22.24 $25.58 $33.36 $44.48 $46.71 $33.36 $44.48 $46.71

MCC Officer $29.21 $33.59 $43.81 $58.41 $61.34 $43.81 $58.41 $61.34

Court
Security
Supervisor

$36.77 $42.29 $ 55.16 $73.54 $77.22 $55.16 $73.54 $77.22

CASUAL
(rates
inclusive of
casual
loading
where
applicable)

Ordinary
Rate

Night
Rate

Saturday
Rate

Sunday
Rate

Public
Holiday
Rate

1.5
Overtime
Rate

2.0
Overtime
Rate

Public Holiday
Overtime Rate

Role
Classification

125% 140% 175% 225% 235% 150% 200% 210%

Trainee MCC
Officer

$27.80 $31.14 $38.92 $50.04 $52.27 $33.36 $44.48 $46.71

MCC Officer $36.51 $40.89 $51.11 $65.72 $68.64 $43.81 $58.41 $61.34

Court
Security
Supervisor

$45.96 $51.48 $64.35 $82.74 $86.41 $55.16 $73.54 $77.22

PAY RATES - FROM FIRST FULL PAY PERIOD ON OR AFTER 1 JULY 2023

FULL-
TIME/PART-
TIME

Standard
Rate

Night
Rate

Saturday
Rate

Sunday
Rate

Public
Holiday
Rate

1.5
Overtime
Rate

2.0
Overtime
Rate

Public Holiday
Overtime Rate

Role
Classification

100% 115% 150% 200% 210% 150% 200% 210%

Trainee MCC
Officer

$22.80 $26.22 $34.20 $45.60 $47.88 $34.20 $45.60 $47.88

MCC Officer $29.94 $34.43 $44.91 $59.88 $62.87 $44.91 $59.88 $62.87

Court Security
Supervisor

$37.69 $43.34 $56.54 $75.38 $79.15 $56.54 $75.38 $79.15

CASUAL
(rates
inclusive of
casual
loading where
applicable)

Standard
Rate

Night
Rate

Saturday
Rate

Sunday
Rate

Public
Holiday
Rate

1.5
Overtime
Rate

2.0
Overtime
Rate

Public Holiday
Overtime Rate

Role
Classification

125% 140% 175% 225% 235% 150% 200% 210%

Trainee MCC
Officer

$28.50 $31.92 $39.90 $51.29 $53.57 $34.20 $45.60 $47.88

MCC Officer $37.42 $41.91 $52.39 $67.36 $70.35 $44.91 $59.88 $62.87

Court Security
Supervisor

$47.11 $52.77 $65.96 $84.81 $88.57 $56.54 $75.38 $79.15

PAY RATES - FROM FIRST FULL PAY PERIOD ON OR AFTER 1 JULY 2024

FULL-
TIME/PART-
TIME

Standard
Rate

Night
Rate

Saturday
Rate

Sunday
Rate

Public
Holiday
Rate

1.5
Overtime
Rate

2.0
Overtime
Rate

Public Holiday
Overtime Rate

Role
Classification

100% 115% 150% 200% 210% 150% 200% 210%

Trainee MCC
Officer

$23.37 $26.87 $35.05 $46.74 $49.07 $35.05 $46.74 $49.07

MCC Officer $30.69 $35.29 $46.03 $61.37 $64.44 $46.03 $61.37 $64.44

Court
Security
Supervisor

$38.63 $44.43 $57.95 $77.27 $81.13 $57.95 $77.27 $81.13

CASUAL
(rates
inclusive of
casual
loading
where
applicable)

Standard
Rate

Night
Rate

Saturday
Rate

Sunday
Rate

Public
Holiday
Rate

1.5
Overtime
Rate

2.0
Overtime
Rate

Public Holiday
Overtime Rate

Role
Classification

125% 140% 175% 225% 235% 150% 200% 210%

Trainee MCC
Officer

$29.21 $32.71 $40.89 $52.58 $ 54.91 $35.05 $46.74 $49.07

MCC Officer $38.36 $42.96 $53.70 $69.04 $72.11 $46.03 $61.37 $64.44

Court
Security
Supervisor

$48.29 $54.09 $67.61 $86.93 $90.79 $57.95 $77.27 $81.13

15.2 For the purpose of clarity, a MCC Officer entitled to Annual Leave, will receive

Annual Leave Loading of 17.5% in addition to their ordinary earnings at the time of
taking annual leave.

15.3 Trainee MCC Officer

An employee will be recruited to the classification of Trainee MCC Officer and will
remain at this level pending satisfactory completion of:

(a) initial training (ITC);

(b) qualifying period; and

which must be obtained in a 12-month period.

15.4 MCC Officer

The requirements for advancement to a MCC Officer, is that an employee has
satisfactorily completed a Certificate Ill in Custodial Practice.

15.5 Court Security Supervisor

Is an employee appointed to the classification by G4S to undertake those duties as
determined by G4S.

16. Penalty Rates and Loadings

16.1 The following weekend penalty rates shall apply to employees on a Shift Work roster:

(a) A night shift loading of 15% for all hours between 21:00 and 09:00;

(b) A loading of 50% (time and one half) for all work undertaken on Saturday;

(d) A loading of 110% (i.e. 210%) for all work undertaken on a Public Holiday.

16.2 Casual employees entitled to receive the loading prescribed in clause 16.1 above will

receive these loadings on the Standard rate of pay (i.e. excluding the casual loading).
The casual loading will be calculated and added to the loaded rate to determine the
appropriate hourly rate.

For example, a casual employee who works on a Saturday will receive a loading of

50% of the Standard rate and then have the value of the casual loading added to the
hourly amount. e.g. if a casual MCC Officer works on a Saturday the employee’s

hourly rate will calculated using the following method (using the rate payable from
first pay period on or after 1 July 2018):

Standard rate + 50% Saturday loading = $26.26 + $13.13 = $39.39
Standard rate + 25% Casual loading - Base rate = $26.26 +25% - $26.26 = $6.57
Therefore, Saturday rate for a Casual MCC Officer = $39.39 + $6.57 = $45.96

17. Overtime

17.1 Where an employee is required to work over their weekly Standard hours, the

following overtime rates shall apply:

(a) MCC Officers undertaking overtime Monday to Saturday, shall be entitled to a
loading of 50% (time and one half) for the first 3 hours and a loading of 100%
(double time) thereafter;

(b) MCC Officers undertaking overtime on a Sunday, shall be entitled to a loading
of 100% (double time) for all work performed;

17.2 Where an employee works so much overtime between the termination of ordinary
work on one day and the commencing time of ordinary work on the next day that the
and employee has not had at least 10 consecutive hours off duty between those
times, the employee shall, except in emergency situations and subject to the further
provisions of this clause, be released after the completion of such overtime until the
employee has had 10 consecutive hours off duty without loss of pay for Standard
hours working time occurring during such absence.

17.3 Where an employee is rostered off duty and is required to attend meetings at the

request of the Employer, he or she shall be paid Standard hours rate for the duration
of the meeting. Where an employee is required to attend meetings at locations other
than the normal workplace then the provisions of clause 41 - Travelling, Transport
and Fares, shall apply.

17.4 An employee shall be required to work reasonable overtime, in accordance with the

provisions of the Act. All time worked by an employee in excess of the Standard
hours of work performed over a 4 week roster (identified in clause 25) shall be paid at
in accordance with the applicable provisions of this clause.

18. Wages Review

Wage increases throughout the life of this Agreement will apply to all classifications

contained in clause 15.

The following wage increases to the Standard Rate will occur from the first full pay

period commencing on or after the specified date:

• 2.5% from the date this Agreement comes into operation;
• 2.5% from 1 July 2022;
• 2.5% from 1 July 2023; and
• 2.5% from 1 July 2024.

19. Payment of Wages

19.1 Employees will be paid fortnightly by the Employer by Electronic Funds Transfer into

an account nominated by the employee.

19.2 Where an employee is terminated from employment for any reason, the employee will

receive all wages and leave entitlements by cash, cheque or Electronic Funds
Transfer as soon as practicable but no later than 7 days after the date of termination.

20. Allowances

20.1 If required by the Employer to perform overtime duty for more than one and a half

hours after his or her usual ceasing time, the employee shall be paid $18.62 as a
meal allowance or provided with a meal of suitable quality.

20.2 MCC Officers (x2) rostered as Reception Officers will receive an allowance of $1.50

per hour.

21. Higher Duties

21.1 An Employee who performs the duties of a position at a higher classification than their

substantive role, and which attracts a higher rate of pay, for a minimum of 1 working
day, will receive the higher rate of pay for the day of work.

21.2 The higher rate of pay provided under clause 22.1 will not apply in instances where

the Employee takes leave, and therefore does not perform the higher duties on a
particular day.

22. Employment Related Legal Expenses

22.1 If an employee is required to attend a Coroner's inquest on matters which,

directly arise from the performance of the employee's duties, G4S will provide the
employees legal representation relating to appearance at or representation before the
Coroner's Court. This clause also includes the provision to cover associated costs
when required to appear in other forums such as e.g. other Courts, Royal
Commission, IBAC, Ombudsman, etc.

22.1 Where legal proceedings are initiated against an employee as a direct consequence

of the employee legitimately and properly performing his or her duties, G4S will
provide the employees legal representation relating to the defence of such
proceedings.

22.2 Where as a direct consequence of the employee legitimately and properly performing

his or her duties it is necessary to obtain an intervention order or similar remedy
against a client, G4S will provide the employees legal representation in obtaining the
order or other remedy.

22.3 An application to meet an employee’s reasonable legal costs will be dealt with

expeditiously by the level of management responsible for deciding this matter.

22.4 Any legal representation to be provided will be provided through internal G4S legal

counsel or by external lawyers approved by G4S.

23. Out of Pocket Expenses

23.1 All reasonable and legitimate expenses incurred by employees in the course of

carrying out their duties will be reimbursed by G4S.

23.2 Prior approval for expected work related expenses must be received before

accepting any transactions which incur a cost and will require reimbursement except
for in emergency situations.

23.3 Where an employee is required to travel to a different work site during the course of

his or her shift using his or her private vehicle, a taxi or a hired vehicle, the Company
will reimburse the employee for the additional travel cost subject to the provisions in
Clause 42 of this Agreement. Prior approval must be received and evidence of the
expense provided in the form or a receipt or KM reimbursement form.

PART 5 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND
WORK

24. Hours of Work

24.1 The Employer's usual operational requirements are to operate the Centre 24 hours a

day for 7 days per week.

24.2 The structuring of hours may vary depending upon operational needs and will
normally consist of the following patterns:

(a) Monday to Friday roster pattern (Non-Shift Worker); or

(b) 7 day rotating roster pattern (Shift Worker).

25. Standard Working Hours

25.1 The Standard hours of work for a full-time employee is 80 hours of work per fortnight.

Employees working the MCC 7-day shift pattern (Shift Workers) agree to be rostered
and may be required to work up to 4 hours of regular overtime per fortnight.

25.2 All employees may be required to work reasonable additional overtime in line with

operational requirements.

25.3 The ordinary hours for employees working a Monday to Friday roster pattern (Non-
Shift Workers) will be between:

25.3.1 9:00 and 21:00 Monday to Friday for employees employed at the Melbourne
Custody Centre location; and

25.3.2 6:00 and 18:00 Monday to Friday for employees employed at the Satellite Court
locations.

25.4 The ordinary hours for employees working a 7 day shift pattern (Shift Workers) will be

rostered to work any day of the week (including weekdays, weekends and public
holidays) and at any time.

26. Breaks

26.1 Employees required to work more than 5 hours shall be allowed a paid meal break of

not less than half an hour. Such a meal break shall commence at a mutually
convenient time to the Employer and the Employee in accordance with the business
of the Employer.

26.2 Employees shall be permitted a 10 minute break when working more than 4 hours

either side of the meal break provided in clause 26.1, at a time to be nominated by
the Employer for tea breaks. Such breaks shall be without deduction of pay if taken
at the work place or other place nominated by the Employer. Provided that where an
employee is engaged to work for a period of 4 hours or less on any day, he or she
shall not be entitled to the benefits of this clause.

27. Notification of Shifts and Work Location

27.1 The starting and finishing times of work for employees shall be posted in an

accessible place at the workplace.

PART 6 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

28. Application

28.1 Except where specifically provided for in this Agreement, the provisions of Part 6 of

this Agreement do not apply to where the Employee is engaged as a Casual
Employee.

29. Annual Leave

Entitlement

29.1 (a) Full-time employees working the Monday to Friday shift pattern will
receive 4 weeks/160 hours of Annual Leave for every 12 months of service.

(b) Full-time employees working a 7 day rotating roster requiring the employee to

work on weekends and public holidays will receive 5 weeks/200 hours of
Annual Leave for every 12 months of service.

29.1(a) or (b) based on their number of agreed hours.

29.2 For the purpose of annual leave under the NES, a shiftworker is an employee who

works a roster and who, over the roster cycle, may be rostered to work an ordinary
shift on any day of the week and is regularly rostered to work on Sundays and public
holidays.

29.3 Shiftworkers, as defined at clause 29.2, will receive a minimum of 5 weeks of annual
leave.

29.4 Annual leave will accrue progressively based on ordinary hours worked and is
cumulative. Part time employees accrue annual leave on a pro rata basis.

Excessive Leave Accruals

29.5 An employee has an excessive leave accrual if the employee has accrued more than
8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shift worker, as
defined by clause 29.3).

29.6 If an employee has an excessive leave accrual, G4S and the employee should
genuinely try to reach an agreement on how to reduce or eliminate the excessive
leave accrual.

29.7 If an agreement is unable to be reached under clause 29.6:

a) G4S may direct the employee to take one or more periods of annual leave
provided the direction:

• is given in writing with no less than 8 weeks’ notice and no more than
12 months’ notice;

• is for a period of leave of no less than 1 week; and

• will not result in the employee having less than 6 weeks of accrued
annual leave remaining at the time the direction is given, having taken
into account any other period of agreed annual leave.

b) The employee may give G4S notice requesting to take one or more periods of
paid leave, provided:

• the employee has had an excessive leave accrual for more than 6
months at the time of giving notice;

• the employee has not been given a direction to take leave under
clause 29.7(a) that when taken into account would eliminate the
employee’s excessive leave accrual;

• the amount of leave included in the notice would not result in the

employee having less than 6 weeks of accrued annual leave
remaining at the time the notice is given, having taken into account
any other period of agreed annual leave;

• the notice is given in writing with no less than 8 weeks’ notice and no

more than 12 months’ notice;

• the notice is for a period of leave of no less than 1 week;

• the total amount of leave taken, or to be taken, by the provision of a
notice under clause 29.7(b) is no more than 4 weeks’ paid annual
leave (or 5 weeks’ paid annual leave for shift workers as defined by
clause 29.3) in any 12 month period.

Taking Leave

29.8 Annual Leave shall be taken at a time that is mutually agreed between G4S and an
employee, and approval of annual leave requests will take into consideration the
operational needs of the facility.

29.9 Time away from work is an important part of an employee’s health and wellbeing,

and work life balance, so it is expected that employees will take their annual leave
within the year that it is accrued, unless an alternative arrangement is mutually
agreed with G4S.

Temporary Reduction in Services

29.10 Where the Employer requires a reduction in services for a period of time, and it is not
reasonably practicable for training to be scheduled, the Employer may direct
employees to take their annual leave. This may occur on Court non-sitting days,
during the Christmas break for a period of weeks while the courts are not in session,
or the numbers in custody fall below a certain level. Subject to any applicable law to
the contrary, where this occurs employees will be given a minimum of 24 hours’
notice of the requirement to take annual leave. Where an employee does not have
credited annual leave, the employee may be required to take time off as leave
without pay.

30. Cash Out of Annual Leave

30.1 Subject to the relevant provisions of the Act, an employee may make a written

application to G4S to forgo a period of annual leave entitlement and receive payment
in lieu thereof.

30.2 If G4S authorises the application, it shall be subject to:

(a) the period of annual leave forgone being no more than 1/26 of the nominal
hours work by the employee for G4S during the 12 month period;

(b) the employee having taken at least one period of annual leave of 2 weeks or
more in the preceding 12 months prior to the request for a cash out of annual
leave;

MCC Officer (Non-Shift Worker);

(d) a maximum of 2.5 weeks annual leave is cashed out in any 12 month period
for MCC Officer (Shift Worker);

(e) payment for the annual leave foregone being at a rate that is no less than the

employee’s basic periodic rate of pay at the time that the election is made;
and

(f) G4S, paying the employee the amount of pay that the employee is entitled to

receive in lieu of the amount of annual leave forgone, within a reasonable
period.

30.3 Employees are required to leave a minimum of 4 weeks annual leave balance.

30.4 Employees are not entitled to cash our more than half of the employee's credited

annual leave accrued during each 12 month period. The Employer cannot direct an
employee to cash out his or her credited annual leave.

31. Personal Leave

31.1 A Full Time employee is entitled to the following amounts of personal leave per

annum:

(a) 80 hours per year of employment for MCC Officers and MCC Supervisors.

31.2 Personal leave may be taken as:

(a) Sick leave; or

(b) Carer's leave, where an employee needs to provide care or support to an
Immediate Family Member or household member who requires care or
support because of a personal illness or injury or an unexpected emergency.

31.3 In addition, an employee is entitled to 2 days' unpaid carer's leave for each occasion

when he or she needs to provide care or support to an Immediate Family Member or
a household member and his or her paid personal leave entitlement has been
exhausted.

31.4 To be entitled to paid or unpaid personal leave, an employee must notify the

Employer as soon as possible of his or her requirement to take personal leave. The
employee must also provide the Employer with the following evidence as soon as
reasonably practicable:

(a) if the employee requires a period of sick leave:

(i) a medical certificate; or

(ii) if not reasonably practicable, a statutory declaration made by the

employee, stating that he or she was, is or will be unfit to work during
the period; or

(b) if the employee required a period of carer's leave:

(i) a medical certificate stating that the Immediate Family Member or
household member had, has or will have a personal illness or injury;
or

(ii) if not reasonably practicable or in the case of an unexpected
emergency, a statutory declaration made by the employee stating the
reason that he or she requires leave.

32. Unpaid Carer's Leave

32.1 Where an employee is engaged as a Casual Employee, the Employee is

entitled to 2 days' unpaid carer's leave for each occasion when he or she needs to
provide care or support to an Immediate Family Member or household member.

32.2 To be entitled to unpaid Carer's leave, employees must comply with the provisions of

clause 31.4(b).

33. Compassionate Leave

33.1 Employees are entitled to 4 days' paid compassionate leave for each

occasion when an Immediate Family Member or member of his or her household:

(a) develops a personal illness that poses a serious threat to his or her life;

(b) sustains an injury that poses a serious threat to his or her life; or

33.2 Employees of First Nation (Aboriginal and/or Torres Strait Islander) descent will have
access to compassionate leave under clause 33.1 for Sorry Business. Sorry Business
is the traditional ceremonies and practices followed by First Nations people to mourn
the loss, illness or imprisonment of a family or community member, or to mourn the
loss of cultural connection to the land (for example, if a native title application is lost).

33.3 To be entitled to compassionate leave, employees must provide to the Employer

evidence of the illness, injury or death to the Employer’s satisfaction.

33.4 For the avoidance of doubt, while engaged as a Casual Employee, an employee is not
entitled to paid compassionate leave.

33.5 Management may apply discretion when granting compassionate leave.

34. Parental Leave

34.1 Parental Leave is available to eligible employees to take leave from work to care for

their child, in association with the child’s birth or adoption, and in accordance with the
NES.

34.2 Eligible Employees

(a) Full-time and part-time employees are eligible for paid and unpaid parental
leave if they have completed at least 12 months of continuous service with the
employer at the time of commencing parental leave.

(b) Casual employees are eligible for unpaid parental leave if:

• they have completed at least 12 months of continuous service with the
employer immediately prior to commencing parental leave; and

• but for the taking of parental leave, the employee would have a
reasonable expectation of continuing engagement with the employer on
a regular and systematic basis.

34.3 Entitlement

(a) Eligible employees are entitled to a total of 52 weeks of parental leave, inclusive
of paid and unpaid leave.

(b) Employees may utilize their paid Annual Leave and Long Service Leave
entitlements during the period of unpaid parental leave, so that the total
combined period of leave is taken in 52 weeks.

(c) Employees may apply to extend the period of parental leave for a further 52
week period. Requests to extend parental leave must be in writing with a
minimum of 4 weeks’ notice, and the Employer may refuse the request on
reasonable business grounds.

(d) Eligible Primary Carers (i.e. the person who has assumed the principal role for
taking care of the child) shall receive eight (8) weeks of paid parental leave,
subject to clause 34.4(e).

(e) Paid Parental Leave must be taken in one single continuous period, and can be
taken at half pay if requested.

(f) Casual employees are not entitled to paid Parental Leave.

34.4 G4S Policy

Further information on taking Parental Leave can be found in G4S’ Leave Policy. For
the avoidance of doubt, the G4S Leave Policy does not form part of this Agreement.

34.2 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. The Employee should be
flexible enough to allow the employee the ability to leave work and return on
the same day.

(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.

employee is required to provide a medical certificate from a registered
medical practitioner confirming that the employee or their Spouse is pregnant.

(d) Each absence on pre-natal leave must also be, covered by a medical

certificate from a registered medical practitioner.

(e) Paid pre-natal leave is not available to casual employees.

35. Public Holidays

35.1 Subject to the provisions of the Act which shall apply to the observance of Public

Holidays, the following days will be observed as Public Holidays without loss of pay
(other than for where engaged as a Casual Employee), provided they remain as
declared or prescribed public holidays by the Victorian Government:

(a) New Year's Day;
(b) Australia Day;
(c) Good Friday;
(d) Easter Saturday;
(e) Easter Sunday;
(f) Easter Monday;
(g) Anzac Day;
(h) Queen’s Birthday;
(i) Labour Day;
(j) Christmas Day;
(k) Boxing Day;
(l) Friday before the AFL Grand Final;
(m) Melbourne Cup Day; and
(n) Any other day declared or prescribed as a public holiday by the Victorian

Government from time to time.

For the avoidance of doubt, should a public holiday listed above not be declared or
prescribed as a public holiday by the Victorian Government in any given year, it will
not be observed as a Public Holiday under this clause, and will be treated as a normal
working day.

35.2 All work performed by MCC Officers and MCC Supervisors on Public Holidays

(including by a Casual Employee) shall be paid in accordance with the rates outlined
at clause 15.1 and in accordance with clause 16.1(d) for Standard Hours and/or
clause 17.1(c) for Overtime.

36. Jury Service

36.1 Where required to undertake jury service, an employee will receive his or her normal

wage for the duration of the service.

36.2 Any jury allowance payments received by an employee are to be paid to the

Employer.

37. Attendance at Repatriation Centres

37.1 If an employee is an ex-serviceman or ex-service woman, the employee shall be

allowed as time worked, lost time incurred whilst attending Repatriation Centres for
medical examination and/or treatment providing that:

(a) such lost time does not exceed 8 hours on any one occasion;

(b) payment shall be limited to the difference between the appropriate hourly

rate for the period and any payment received from any other source in
respect of such attendance; and

and proof of attendance.

38. Long Service Leave

38.1 Where an Employee is entitled to paid long service leave, the Employee shall be

entitled to long service leave entitlements in accordance with the provisions of the
Long Service Leave Act 2018 (Vic) as amended from time to time.

38.2 For the avoidance of doubt, while engaged as a Casual Employee, an employee will
be entitled to paid long service leave where provided for in the applicable legislation.

39. Court Leave

39.1 Attendance at Court

Where an employee is subpoenaed to be a witness in any Court proceedings arising

out of their employment with the Employer, payment for the period of absence will be
at the Standard rate of pay. Any payments received by the employee in the nature of
witness expenses or payments for losses of income are to be paid to the Employer.

40. Community Service Leave

40.1 Employees have access to unpaid Community Service Leave when engaging in a

voluntary emergency management activity that involves dealing with an emergency
or natural disaster, if the employee is a member of a recognised emergency
management body (as defined in the NES) and engages in the activity on a voluntary
basis.

40.2 The Employee may take unpaid Community Service Leave under clause 40.1:
(a) for time when the Employee engages in the activity;
(b) reasonable travel time associated with the activity;
(c) reasonable rest time immediately following the activity; and
(d) provided the Employee’s absence is reasonable in all the circumstances.

40.3 To access leave under clause 40.1, the Employee must give G4S notice of the need
to take leave and the expected period of leave as soon as practicable. If requested
by G4S, the Employee must present evidence that would satisfy a reasonable person
of the need for the Employee to take unpaid Community Service Leave.

40.4 Employees will have access to unpaid Community Service Leave to participate in
Defence Reserve Service in accordance with the Defence Reserve Service

(Protection) Act 2001.

40.5 Given the nature of their work, it is expected that Employee’s covered by this
Agreement would be exempt from participating in jury service. Should an Employee
be required to participate in Jury Service, they will be provided with unpaid and paid
leave where applicable in accordance with the NES and the Juries Act 2000 (Vic).

PART 7 – TRANSFERS, TRAVELLING & WORKING AWAY FROM USUAL
PLACE OF WORK

41. Travelling, Transport and Fares

41.1 If travelling under the instructions of the Employer, an employee shall be deemed to

be working while so travelling and shall have all the costs associated with such travel
including accommodation paid for by the Employer on the basis of the most economic
method of travel.

41.2 If required by the Employer to commence and cease work at other than the

employee’s normal place of work and the employee is required to use their own
vehicle where a Company vehicle is not available, the employee will be, paid a vehicle
allowance for all excess travelling at the rate of $0.80 per kilometre in the case of a
motor vehicle and $0.27 per kilometre in the case of a motor cycle or the Australian
Taxation Office rate whichever is the highest.

41.3 If required by the Employer to commence and cease work at other than the

employee’s normal place of work, the Employee will be paid for all time in excess of
that normally taken to travel between the Employee’s residence and normal place of
work at the Employee’s Ordinary Hours rate of pay specified at clause 15.1.

41.4 If required by the Employer to perform duty away from their normal place of work

during meal times, and a meal is not provided by the Employer, the Employee will
receive a Meal Allowance as follows:

Meal Time Allowance
Breakfast between 6am and 8am $20.65
Lunch between 12 noon and 2pm $20.65
Dinner after 6pm $34.43

PART 8 – TRAINING AND RELATED MATTERS

42. Training

42.1 The Parties to this Agreement recognise that in order to increase the efficiency,

productivity and competitiveness of industry, a greater commitment to training and
skill development is required. Accordingly the Parties commit themselves to:

(a) developing a more highly skilled and flexible workforce;

(b) providing employees with career opportunities through appropriate training to
acquire additional skills; and

42.2 Where an employee volunteers for training on his or her rostered day off, he or she

shall be paid during that training period at Standard hourly rate.

42.3 Where an employee is required to attend training courses on his or her rostered day

off, he or she shall be paid at the rate of time and a half with a minimum payment for 4

hours or at the employee's discretion shall be given equal time off within the following
10 days.

43. Union Training Leave

43.1 Union Delegates will be released from duty without loss of pay for a maximum of 3

days per delegate per calendar year, to attend Union organised training, meetings and
forums. Having consideration for the size of the MCC operation, there will be no more
than 3 union delegates at any given time.

PART 9 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT,
TOOLS AND AMENITIES

44. Workers Compensation

44.1 If an employee is absent on workers compensation the employee will receive benefits

including wages in accordance with applicable workers compensation legislation
applying in Victoria.

45. Occupational Health and Safety

45.1 The Employer shall in accordance with accepted occupational health standards

provide immunization for Hepatitis B for employees covered by this Agreement.

45.2 The immunisation program will be implemented by qualified staff.

45.3 Employees acknowledge that they may be called on to restrain persons in custody to

prevent assaults on others or other emergency situations from time to time.
Employees will be provided with training in the safe and legal restraint of persons in
custody and training in defensive tactics, in accordance with the Employer's policies
and practices. Employees will comply with instructions regarding training and will
comply with the Employer's directions in relation to the Employee's physical safety, in
order to operate safely in the Centre. This may include instructions to an employee
regarding maintaining a level of physical fitness in order to carry out restraint and
defensive tactics with safety.

45.4 Occupational Health and Safety Committee

(a) Objectives

(i) 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.

(ii) 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:

• identify, assess and control workplace hazards;
• reduce the incidence and cost of occupational injury and illness;
• identify and appropriately manage work and work practices which

impact on OH&S;
• provide a rehabilitation system for employees affected by

occupational injury or illness;
• consider the impact of changes to work practices and staffing on

occupational health and safety; and
• OH&S statutory requirements, including regulations and codes of

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

(b) OH&S consultation

(i) Consultative mechanisms appropriate to each Party will be established to

address OH&S issues.

Such mechanisms will be:

• in accordance with the Occupational Health and Safety Act 2004
(Vic);

• established in consultation with employees and their Health and
Safety Representatives; and

• 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).

(ii) Where an OH&S committee is established at least half the members

shall be employees, including the Health and Safety representatives.

(iii) The OH&S committee must operate within the requirements of the
Occupational Health and Safety Act 2004 (Vic).

(iv) A CPSU Workplace representative may attend local OH&S committee

meetings (by giving notice) from time to time.

(i) Workplace training programs, including induction and on the job training
will outline relevant details of OH&S policies and procedures.

(ii) 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.

(d) Designated Work Groups

(i) The Parties to this Agreement will review the Designated Work Groups

(“DWGs”) and negotiate revised DWGs where appropriate in consultation
with employees.

(ii) All Parties will be notified of vacancies for health and safety

representatives in DWGs.

(iii) 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.

(iv) The Employer will post and maintain current in each workplace the

names and relevant contact details, including email where available, of
elected Health and Safety Representatives for identified DWGs. Such
circular shall be required to be posted on a notice board for the regular
attention of all employees working in the workplace.

(v) To monitor the maintenance of effective OH&S structures and training

delivery, the Parties will jointly establish a central register or local
registers of DWG’s and their Health and Safety Representatives. The
register will be maintained by the Employer from information provided on
a quarterly basis from each region/workplace.

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

(quarterly) to the Parties of this Agreement in electronic format. The
information provided will be in accordance with the Privacy and Data
Protection Act 2014 (Vic). Where possible, this information will include:

• a description, including the location, of each DWG;
• the name of each elected Health and Safety Representative, their

workplace contact details and workplace email address;
• the date the Health and Safety representative was elected;
• a description of the training the Health and Safety Representative

has attended and the date of attendance;
• the name and contact details of the nominated management

representative responsible for each DWG; and
• details of the structure of OH&S committees and their meeting

frequency.

46. Clothing, Equipment and Tools

46.1 Uniform

The Employer will provide employees with a corporate uniform. Employees are

required to maintain their corporate uniform in a clean and pressed form and
maintain a professional presentation of their corporate uniform while in the Centre
and/or while on duty.

46.2 Equipment and tools

The Employer will provide Employees with all necessary equipment and tools to

allow Employees to perform work.

46.3 Return of property

On cessation of employment all uniforms, equipment and identification shall be

returned to the Employer.

47. CPR Refresher

47.1 Employees shall be required to maintain current CPR requirements. The

costs of training and of maintaining CPR qualifications will be met by the Employer.

48. Workplace Violence

48.1 G4S recognises that violence against employees is serious and requires

continual review and assessment to ensure all possible measures have been taken
to eliminate or minimise so far as is reasonably practicable risk of harm.

48.2 G4S, in consultation with employees and OHS representatives, will develop practices
and procedures aimed at reducing risk of workplace violence. Plans will incorporate
OHS best practice for preventing workplace violence to guide development of
operating procedures, prevention guidelines and enforcement of laws regarding
workplace violence.

48.3 G4S will take appropriate action to minimise and appropriately address unacceptable
forms of conduct by non-employees to ensure a safe work environment. When
members of the public, visitors, external stakeholders and persons in custody
demonstrate disruptive, violent, or threatening actions or behaviour, G4S will take the
necessary measures to protect the safety of employees.

49. Direct and Vicarious Trauma

49.1 G4S provides support to employees who have directly or vicariously experienced a
‘critical incident’ during the course of their employment.

49.2 G4S is committed to supporting employees following a critical incident and will
maintain the services of an appropriately qualified and experienced clinicians to
provide our employees with immediate access to counselling services. G4S’ current
EAP provider, Benstar, have a team of psychologist and counsellors that are highly
credentialed and have experience in all areas of counselling.

49.3 A ‘critical incident’ is defined as a single event or a series of events that is
unexpected, sudden, threatening or could occur over a period of time. These events
can include, assault, severe injury, death, fire or natural disaster.

49.4 In the event of a critical incident, G4S will arrange for a critical incident support
through their EAP provider.

PART 10 – COMPLIANCE MATTERS

50. Time and Records

50.1 Employees must regularly and promptly supply all required information on the

time recording system operated from time to time by the Employer.

51. Miscellaneous

51.1 Employees shall be bound by the policies and procedures set out in the

Employer's operating manual and by the Employer's policies as amended from time
to time. The operating manual and the Employer's policies do not form part of the
terms and Clause 6 - Procedure for Resolution of Disputes does not apply to such
matters.
.

51.2 The terms of this Agreement will operate to the exclusion of any other award,
agreement, notional agreement, protected award conditions. Where this Agreement
is inconsistent with the NES, the NES will prevail.

51.3 This Agreement overrides and excludes all State and Territory laws dealing with
employment, termination of employment and/or collateral arrangements to the fullest
extent permitted by law.

51.4 This Agreement constitutes the entire understanding between all Parties and is in full
and final settlement of all Union and employee claims relating to employee rights and
entitlements. Accordingly, the Parties shall not pursue any extra claims concerning
any matter explicitly dealt with in this Agreement.

52. Next Agreement

Employees covered by this Agreement and the Employer shall begin discussions 6
months prior to the expiry of this Agreement with a view to expeditiously preparing for
the next agreement. Nothing in this clause shall require the parties to initiate or
conclude negotiations within the 6 month period prior to the expiry of this Agreement.

53. Family and Domestic Violence Leave

51.1 An employee will have access to 5 days/38 hours of family and domestic violence

leave in a 12 month period, if:
• the employee is experiencing family and domestic violence; and
• the employee needs to do something to deal with the impact of the family

and domestic violence; and
• it is impractical for the employee to do that thing outside the employee’s

ordinary hours of work.

51.2 Family and domestic violence is violent, threatening or other abusive behaviour by a
close relative of an employee that:

• seeks to coerce or control the employee; and
• causes the employee harm or to be fearful.

A close relative is a member of the employee’s immediate family, or someone who is
related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

51.3 The family and domestic violence leave:
• is paid leave for full time and part time employees (either through the

utilisation of accrued paid personal leave, or paid family and domestic
violence leave in the event the Employee has exhausted their accrued paid
personal leave entitlements);

• is unpaid leave for casual employees;
• available in full at the start of each 12 months period of the employee’s

employment;
• does not accumulate from year to year.

51.4 The employee may take family and domestic violence leave as:
• a single continuous period; or
• separate periods of one or more shifts each; or
• any separate periods to which the employer and employee agree, including

periods of less than 1 full shift.

51.5 The General Manager may at his/her discretion, provide additional paid and/or unpaid
leave to deal with the impact of family and domestic violence.

51.6 An employee must give his/her manager notice of the need to take family domestic
violence leave, and the notice:

• must be given to the manager as soon as practicable (which may be a time
after the leave has started); and

• must advise the manager of the period, or expected period, of the leave.

51.7 An employee taking family and domestic violence leave may be required to provide
G4S with evidence that would satisfy a reasonable person of the need to take leave
in accordance with clause 5.10.1.

PART 11 – WORKPLACE EQUALITY, INCLUSION, AND DIVERSITY

G4S aims to create workplaces that reflect the communities we serve. Inclusivity and

diversity are central to that purpose. We strive to create an environment where
everyone is able to perform their best work, supporting employees of all ages,
cultures, life experience and abilities.

54. Gender Equality

52.1 Gender Pay Equity Principles

The provisions of this Agreement are to be interpreted consistently with the following
gender pay equity principles:

• Establishing equal pay for work of equal or comparable value: Equal or
comparable value refers to work valued as equal in terms of skill, effort,
responsibility and working conditions. This includes work of different types.

• Freedom from bias and discrimination: Employment and pay practices are
free from the effects of unconscious bias and assumptions based on gender.

• Transparency and accessibility: Employment and pay practices, pay rates and
systems are transparent. Information is readily accessible and
understandable.

• Relationship between paid and unpaid work: Employment and pay practices
recognise and account for different patterns of labour force participation by
workers who undertake unpaid and/ or caring work.

• Sustainability: Interventions and solutions are collectively developed and
agreed, sustainable and enduring.

• Participation and engagement: G4S, Employees and CPSU work
collaboratively to achieve mutually agreed outcomes.

52.2 In this clause, ‘pay’ refers to remuneration including but not limited to salary,
bonuses, overtime payments, allowances and superannuation.

52.3 Commitment to collaborative approach to achieving gender pay equity

G4S will work collaboratively with Employees and the Union to identify, support and
implement strategies designed to eradicate the gender pay gap, gender inequality
and discrimination across the business.

52.4 Claims relating to systemic gender equality issues

A systemic gender equality issue means an issue of a systemic nature within an
Employer which adversely affects a class or group of employees of the Employer
relating to:

• The gender composition of any or all workforce levels of the Employer; or
• Equal remuneration for work of equal or comparable value across any or all

workforce levels of the Employer, irrespective of gender; or
• Recruitment and promotion practices in the workplace; or
• Availability and utilisation of terms, conditions and practices in the workplace

relating to family violence leave, flexible working arrangements and working
arrangements supporting Employees with family or caring responsibilities; or

• Gendered workplace segregation

52.5 Dispute Resolution

The Union and/or a class or group of Employees (Claimant/s) may seek resolution of
a dispute relating to a systemic gender equality issue (Claim) in accordance with this
clause.

A Claim or Claims under this clause must be made in writing to G4S.

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.

The Employer must meet and discuss the Claim with the Claimant prior to
responding to the Claim.

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 why the
Claim is accepted or rejected.

If a Claim is unable to be resolved, the dispute settlement procedure in Clause 6 will
apply.

55. NAIDOC week and First Nations Peoples activities

53.1 G4S encourages all employees to participate in NAIDOC week celebrations. For this

purpose, Employees may access their paid annual leave entitlements in accordance
with clause 29. Annual Leave.

53.2 Employees of First Nation (Aboriginal and/or Torres Strait Islander) descent may
access their paid annual leave entitlements in accordance with clause 29. Annual
Leave to participate in Annual General and Community Meetings.

52. SIGNATORIES TO AGREEMENT

Executed as an Agreement on this day of 2022

For and on behalf of G4S Custodial Services Pty Ltd

SIGNED by: __________________________

Name: _______________________________ Position: ______________________

Address: Level 4, 616 St Kilda Road Melbourne VIC 3000.

In the presence of (witness):

_______________________________
Signature

________________________________
Name

Address:

___________________________________________________________________

For and on behalf of the Community & Public Sector Union (Victorian Branch)

SIGNED by: __________________________

Name: _______________________________ Position: ______________________

Address: Level 4, 128 Exhibition Street Melbourne VIC 3000.

In the presence of (witness):

_______________________________
Signature

________________________________
Name

Address:

___________________________________________________________________

Craig Castle Director

Louise D'Arcangelo

31 Leane Drive, Eltham, Vic, 3095

52. SIGNATORIES TO AGREEMENT

Executed as an Agreement on this day of 2022

For and on behalf of G4S Custodial Services Pty Ltd

SIGNED by: _________ _

Name: _____________ Position: ________ _

Address: Level 4,616 St Kilda Road Melbourne VIC 3000.

In the presence of (witness):

Signature

Name

Address:

For and on behalf of the Community & Public Sector Union (Victorian Branch)

SIGNED by: / ~Lr"J &A-Y
Name: /(A-0:/l/ f3rtrr: Position: llJC,rt)11AtV i611t/l/Cf-/ S't=ete.:71/1.J

Address: Level 4, 128 Exhibition Street Melbourne VIC 3000.

Signatu'

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Name

Address:

J/;f).I?
I

[ y h ,· b c".,,f, e--vt e+, t!JZ +. (V} {!, I loo v ,rv2_ U, c :soao
;)

52. SIGNATORIES TO AGREEMENT Executed as an Agreement on this day of 2022 For and on behalf of G4S Custodial Services Pty Ltd SIGNED by: Name: Position: Address: Level 4, 616 St Kilda Road Melbourne VIC 3000. In the presence of (witness): Signature Name Address: For and on behalf of the Community & Public Sector Union (Victorian Branch) Klaren Batt SIGNED by: Name: KAREN BATT Position: VICTORIAN BRANCH SECRETARY Address: Level 4, 128 Exhibition Street Melbourne VIC 3000. In the presence of (witness): 29 Pearce- Signature Lisa Jaqueline Pearce . Name Address: 3/ 128 Exhibition street, Melbourne VIL 3000 40

Employee Representative

SIGNED by: -----lc--l='~~----

Name: Al-f\~ (L__ \UJe,.p.J Position: CAJ5t'cS)Y off1c,,~/(

Address:

[f'(,(]_ f-A_~_~_,A_~_J_S\l_\1C4_~-=C;c- ~_\_~%~ 1f---\t~_o_ N_£_r_~_~~- t_lw_j-"--+--) -'--µ_1&_B_1::\f_11 _ ~t

In the presence of (witnes~:

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Signatu~ 3
Name

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Employee Representative

SIGNED by: _________ _

Name: Position: ------------- ----------

Address:

In the presence of (witness):

Signature

Name

Address :

Employee Representati SIGNED by: Name Position: Address: - In the Signa Name Addre Employee Representative SIGNED by: Name: Position: Address: In the presence of (witness): Signature Name Address: 41

ve DUNCAN

OFFICER

CUSTODY

ALAN

HIGHETT

CENTRE, 1140

NEPEAN

HWY

MOORABBIA JUSTICE

VIC

HIGHETT

presence of (witness): ture C DURING 1140 NEPEAN HWY SS:

Securing Your World

G4S Australia Pty Ltd

A.B.N. 64 100 104 658

Level 4

616 St Kilda Road

Melbourne Vic 3004

PO Box 7190 St Kilda Road

Melbourne Vic 8004

Australia

IN THE FAIR WORK COMMISSION

FWC Matter No:
AG2022/1176

Applicant:
G4S Custodial Services Pty Ltd

Section 185 – Application for approval of a single-enterprise agreement

Undertaking – Section 190

I, Jon De Unamuno, Head of Workplace Relations, have the authority from G4S Custodial Services
Pty Ltd to give the following undertakings with respect to the Melbourne Custody Centre
Enterprise Agreement 2021 ("the Agreement"):

1. Consistent with clause 13.4 (Shift Duration) of the Corrections and Detention (Private

Sector) Award 2020 (Award), Trainee MCC Officers will be rostered for a maximum of 12
ordinary hours per shift.

4. The first sentence of clause 16.1 of the Agreement will be applied as if the word
"weekend" was deleted from the clause – e.g. a night shift loading of 15% will be paid for
all hours between 21:00 and 09:00 on weekdays.

6. Where a Trainee MCC Officer works on a public holiday, they will be entitled to receive at
least the minimum rate prescribed by clause 20.3 of the Award.

These undertakings are provided on the basis of issues raised by the Fair Work Commission in
the application before the Fair Work Commission.

3 May 2022

Melbourne Custody Centre Enterprise Agreement 2021

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