Merri Health Enterprise Agreement 2021
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Fair Work
Act 2009
s.185—Enterprise agreement
Victorian Hospitals’ Industrial Association
(AG2022/985)
MERRI HEALTH ENTERPRISE AGREEMENT 2021
Health and welfare services
COMMISSIONER MATHESON SYDNEY, 12 MAY 2022
Application for approval of the Merri Health Enterprise Agreement 2021.
[1] An application has been made for approval of an enterprise agreement known as the
Merri Health Enterprise Agreement 2021 (Agreement). The...
...t 2009
s.185—Enterprise agreement
Victorian Hospitals’ Industrial Association
(AG2022/985)
Health and welfare services
COMMISSIONER MATHESON SYDNEY, 12 MAY 2022
Application for approval of the Merri Health Enterprise Agreement 2021.
[1] An application has been made for approval of an enterprise agreement known as the
Merri Health Enterprise Agreement 2021 (Agreement). The application was made by the
Victorian Hospitals’ Indu...
...5)
Health and welfare services
COMMISSIONER MATHESON SYDNEY, 12 MAY 2022
Application for approval of the .
[1] An application has been made for approval of an enterprise agreement known as the
Merri Health Enterprise Agreement 2021 (Agreement). The application was made by the
Victorian Hospitals’ Industrial Association (Applicant) pursuant to s.185 of the Fair Work Act
2009 (Cth) (Act). The Agreement is a single enterprise ag...
... a single enterprise agreement
Undertaking - Section 190
I, Amie Reed, Chief Impact Officer, have the authority given to me by Merri Health to give the
following undertakings with respect to the Merri Health Enterprise Agreement 2021 ("the
Agreement")
1. Redundancy Entitlement (Clause 13.8)
The Redundancy payment at clause 13.8 will apply to:
a. Employees classified under Schedule E and Schedule F; and
b. all other Employe...
...al of a single enterprise agreement Undertaking - Section 190 I, Amie Reed, Chief Impact Officer, have the authority given to me by Merri Health to give the following undertakings with respect to the Merri Health Enterprise Agreement 2021 ("the Agreement"): 1. Redundancy Entitlement (Clause 13.8) The Redundancy payment at clause 13.8 will apply to: a. Employees classified under Schedule E and Schedule F; and b. all other Employees emp...
...
Page 1 of 204
MERRI HEALTH ENTERPRISE AGREEMENT 2021
...
...
BoothF
Undertaking Stamp
BoothF
Model Flexibility Stamp
Page 2 of 204
PART 1 – APPLICATION AND OPERATION OF THE AGREEMENT
1. AGREEMENT TITLE
1.1 This Agreement shall be known as the Merri Health Enterprise Agreement 2021.
2. ARRANGEMENT
PART 1 – APPLICATION AND OPERATION OF THE AGREEMENT ........................................................................ 2
1. AGREEMENT TITLE .................................
...gle enterprise agreement
Undertaking – Section 190
I, Amie Reed, Chief Impact Officer, have the authority given to me by Merri Health to give the
following undertakings with respect to the Merri Health Enterprise Agreement 2021 ("the
Agreement"):
1. Redundancy Entitlement (Clause 13.8)
The Redundancy payment at clause 13.8 will apply to:
a. Employees classified under Schedule E and Schedule F; and
b. all other...
1 Fair Work Act 2009 s.185—Enterprise agreement Victorian Hospitals’ Industrial Association (AG2022/985) MERRI HEALTH ENTERPRISE AGREEMENT 2021 Health and welfare services COMMISSIONER MATHESON SYDNEY, 12 MAY 2022 Application for approval of the Merri Health Enterprise Agreement 2021. [1] An application has been made for approval of an enterprise agreement known as the Merri Health Enterprise Agreement 2021 (Agreement). The application was made by the Victorian Hospitals’ Industrial Association (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement. [2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to: (a) cause financial detriment to any employee covered by the Agreement; or (b) result in substantial changes to the Agreement. [3] Pursuant to s.190(3) of the Act, I accept the Undertakings. [4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement. [5] Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met. [6] The Health Services Union of Australia, the Australian, Municipal, Administrative, Clerical and Services Union and the Australian Education Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations. [2022] FWCA 1594 DECISION FairWork Commission * AUSTRALIA FairWork Commission[2022] FWCA 1594 2 [7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2022. The nominal expiry date of the Agreement is 1 August 2024. COMMISSIONER Printed by authority of the Commonwealth Government Printer AE515952 PR741546 ISSION THE SEAL THE FA[2022] FWCA 1594 3 Annexure A IN THE FAIR WORK COMMISSION FWC Matter No. AG2022/985 Applicant Merri Health Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Amie Reed, Chief Impact Officer, have the authority given to me by Merri Health to give the following undertakings with respect to the Merri Health Enterprise Agreement 2021 ("the Agreement") 1. Redundancy Entitlement (Clause 13.8) The Redundancy payment at clause 13.8 will apply to: a. Employees classified under Schedule E and Schedule F; and b. all other Employees employed on or after 31 May 2019. 2. Tool allowance (clause 6.2 of Schedule G) The applicable rates for Tool Allowance are as follows a. FFPPOA 1 August 2021 - $15.99 b. FFPPOA 1 August 2022 - $16.31 c. FFPPOA 1 August 2023 - $16.64 3. Travel Allowance (clause 6.5 of Schedule G) The travel allowance rates for Social and Community Services Employees are amended to: 5 or more cylinders $1.06 $1.08 $1.1 1 $1.14 Less than 5 cylinders, electric cars $1.05 $1.07 $1.1 0 $1.06 4. National Employment Standards This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency 5. Personal/Carer's Leave Entitlement (clause 60.4) Personal/carer's leave will be available to an Employee who is required to provide care or support to a member of the employee's Immediate family, or a member of the Employee's household, who requires care or support because of: IN THE FAIR WORK COMMISSION FWC Matter No .: AG2022/985 Applicant: Merri Health Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Amie Reed, Chief Impact Officer, have the authority given to me by Merri Health to give the following undertakings with respect to the Merri Health Enterprise Agreement 2021 ("the Agreement"): 1. Redundancy Entitlement (Clause 13.8) The Redundancy payment at clause 13.8 will apply to: a. Employees classified under Schedule E and Schedule F; and b. all other Employees employed on or after 31 May 2019. 2. Tool allowance (clause 6.2 of Schedule G) The applicable rates for Tool Allowance are as follows: a. FFPPOA 1 August 2021 - $15.99 b. FFPPOA 1 August 2022 - $16.31 c. FFPPOA 1 August 2023 - $16.64 3. Travel Allowance (clause 6.5 of Schedule G) The travel allowance rates for Social and Community Services Employees are amended to: 5 or more cylinders $1.06 $1.08 $1.11 $1.14 Less than 5 cylinders, electric cars $1.05 $1.07 $1.10 $1.06 4. National Employment Standards This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. 5. Personal/Carer's Leave Entitlement (clause 60.4) Personal/carer's leave will be available to an Employee who is required to provide care or support to a member of the employee's Immediate family, or a member of the Employee's household, who requires care or support because of:[2022] FWCA 1594 4 a. a personal illness, or personal injury, affecting the member; or b. an unexpected emergency affecting the member. 6. Casual Compassionate Leave Entitlement (clause 60.11) An Employee is entitled to 2 days of unpaid compassionate leave for each occasion (a permissible occasion) when a. A member of the Employee's Immediate Family or a member of the Employee's household: i. Contracts or develops a personal illness that poses a serious threat to his or her life; or ii. Sustains a personal injury that poses a serious threat to his or her life; or iii. Dies; or b. A child is stillborn, where the child would have been a member of the employee's immediate family, or a member of the employee's household, if the child has been born alive; or c. The Employee or the Employees spouse or de facto partner, has a miscarriage 7. Entitlement to long service leave after 7 years (Social and Community Services Employees Only) a. The following entitlement shall apply only to Employees classified under Schedule F of the Agreement i. Where an Employee's employment has ended and the Employee has completed at least 7, but less than 15, years of continuous employment w ith Merri Health only, the Employee is entit led to an amount of long service leave equal to 1160th of the period of their continuous employment b. Employees who are classified as Early Childhood Coordinators/Teachers and employed by Merri Health as at the commencement date of the Agreement shall be entitled to pro rata access of Long Service Leave after at least 7, but less than 10 years of continuous service with Merri Health. The amount of long service leave will be equal to 1160th of the period of their continuous employment. 8. Public Holiday Substitution (Clause 56.6(a)) a. The Employer and Employee may only agree to substitute another day for any Public Holidays prescribed in clause 56.2 by mutual agreement. 9. Broken Shifts (Clause 48.5(a) - Social and Community Services Employees classified under Schedule F Only) An employee must receive a minimum break of 10 hours between broken shifts rostered on successive days. 10. Sleepover Allowance (clause 127) a. The span for a sleepover will be a continuous period of eight hours. a. a personal illness, or personal injury, affecting the member; or b. an unexpected emergency affecting the member. 6. Casual Compassionate Leave Entitlement (clause 60.11) An Employee is entitled to 2 days of unpaid compassionate leave for each occasion (a permissible occasion) when: a. A member of the Employee's Immediate Family or a member of the Employee's household: i. Contracts or develops a personal illness that poses a serious threat to his or her life; or ii. Sustains a personal injury that poses a serious threat to his or her life; or iii. Dies; or b. A child is stillborn, where the child would have been a member of the employee's immediate family, or a member of the employee's household, if the child has been born alive; or c. The Employee or the Employees spouse or de facto partner, has a miscarriage. 7. Entitlement to long service leave after 7 years (Social and Community Services Employees Only) a. The following entitlement shall apply only to Employees classified under Schedule F of the Agreement: i. Where an Employee's employment has ended and the Employee has completed at least 7, but less than 15, years of continuous employment with Merri Health only, the Employee is entitled to an amount of long service leave equal to 1/60th of the period of their continuous employment. b. Employees who are classified as Early Childhood Coordinators/Teachers and employed by Merri Health as at the commencement date of the Agreement shall be entitled to pro rata access of Long Service Leave after at least 7, but less than 10 years of continuous service with Merri Health. The amount of long service leave will be equal to 1/60th of the period of their continuous employment. 8. Public Holiday Substitution (Clause 56.6(a)) a. The Employer and Employee may only agree to substitute another day for any Public Holidays prescribed in clause 56.2 by mutual agreement. 9. Broken Shifts (Clause 48.5(a) - Social and Community Services Employees classified under Schedule F Only) An employee must receive a minimum break of 10 hours between broken shifts rostered on successive days. 10. Sleepover Allowance (clause 127) a. The span for a sleepover will be a continuous period of eight hours.[2022] FWCA 1594 5 b. An Employer may roster an Employee to perform work immediately before and/or immediately after the sleepover period, but must roster the Employee or pay the Employee for at least four hours' work for at least one of these periods of work. c. An employee may refuse a sleepover with reasonable cause These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature 3 May 2022 Date b. An Employer may roster an Employee to perform work immediately before and/or immediately after the sleepover period, but must roster the Employee or pay the Employee for at least four hours' work for at least one of these periods of work. c. An employee may refuse a sleepover with reasonable cause These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature 3 May 2022 DatePage 1 of 204 MERRI HEALTH ENTERPRISE AGREEMENT 2021BoothF Undertaking Stamp BoothF Model Flexibility Stamp Page 2 of 204 PART 1 – APPLICATION AND OPERATION OF THE AGREEMENT 1. AGREEMENT TITLE 1.1 This Agreement shall be known as the Merri Health Enterprise Agreement 2021. 2. ARRANGEMENT PART 1 – APPLICATION AND OPERATION OF THE AGREEMENT ........................................................................ 2 1. AGREEMENT TITLE ................................................................................................................................ 2 2. ARRANGEMENT .................................................................................................................................... 2 3. COMMENCEMENT DATE AND PERIOD OF OPERATION ......................................................................... 7 4. INCIDENCE AND COVERAGE ................................................................................................................. 7 5. RELATIONSHIP TO PREVIOUS AWARDS AND AGREEMENTS.................................................................. 8 6. INDIVIDUAL FLEXIBILITY ARRANGEMENTS ........................................................................................... 8 7. SAVINGS ............................................................................................................................................... 9 8. NO EXTRA CLAIMS ................................................................................................................................ 9 9. ANTI-DISCRIMINATION ........................................................................................................................ 9 10. DEFINITIONS ...................................................................................................................................... 10 PART 2 – DISPUTE RESOLUTION, CONSULTATIVE STRUCTURES AND DISCIPLINE ............................................ 13 11. CONSULTATION REGARDING MAJOR WORKPLACE CHANGE .............................................................. 13 12. DISPUTE SETTLEMENT ........................................................................................................................ 15 13. REDUNDANCY .................................................................................................................................... 16 14. DISCIPLINARY PROCEDURES ............................................................................................................... 20 15. PROMOTING DISABLED WORKFORCE PARTICIPATION ....................................................................... 22 16. PROMOTING ABORIGINAL AND TORRES STRAIT ISLANDER WORKFORCE PARTICIPATION ................. 22 17. EMPLOYEE ASSISTANCE PROGRAM .................................................................................................... 22 PART 3 – EMPLOYMENT ARRANGEMENTS ..................................................................................................... 23 18. TYPES OF EMPLOYMENT .................................................................................................................... 23 19. MINIMUM ENGAGEMENT .................................................................................................................. 23 20. FULL-TIME EMPLOYMENT .................................................................................................................. 23 21. REGULAR PART-TIME EMPLOYMENT .................................................................................................. 23 22. CASUAL EMPLOYMENT ....................................................................................................................... 25 23. FIXED TERM EMPLOYMENT ................................................................................................................ 26 24. REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS ........................................................................ 27 25. VACANCIES ......................................................................................................................................... 28 26. NOTICE OF TERMINATION – EMPLOYER ............................................................................................. 28 27. NOTICE OF TERMINATION – EMPLOYEE ............................................................................................. 29 28. TRANSITION TO RETIREMENT ............................................................................................................. 29 29. HYBRID WORKING MODEL ................................................................................................................. 30 PART 4 – CLASSIFICATION STRUCTURE, WAGES AND RELATED MATTERS ....................................................... 32 30. CLASSIFICATIONS ............................................................................................................................... 32Page 3 of 204 31. SALARY INCREASES ............................................................................................................................. 32 32. ONCE OFF UPFRONT LUMP SUM PAYMENT ....................................................................................... 32 33. ALLOWANCE ADJUSTMENTS .............................................................................................................. 32 34. SALARY PACKAGING ........................................................................................................................... 33 35. PAYMENT OF WAGES ......................................................................................................................... 33 36. SUPPORTED WAGE SYSTEM FOR EMPLOYEES WITH DISABILITIES ...................................................... 34 37. SUPERANNUATION ............................................................................................................................ 34 38. ACCIDENT PAY .................................................................................................................................... 36 39. STAFF APPRAISAL ............................................................................................................................... 39 PART 5 – ALLOWANCES AND REIMBURSEMENTS ........................................................................................... 40 40. CHILD CARE REIMBURSEMENT ........................................................................................................... 40 41. SHIFT WORK ....................................................................................................................................... 40 42. MEAL ALLOWANCES ........................................................................................................................... 42 43. HIGHER DUTIES .................................................................................................................................. 43 44. UNIFORMS AND PROTECTIVE CLOTHING ............................................................................................ 43 45. REIMBUSEMENT OF TELEPHONE AND OTHER EXPENSES .................................................................... 44 PART 6 – WORKING HOURS AND RELATED MATTERS ..................................................................................... 45 46. HOURS OF WORK ............................................................................................................................... 45 47. ACCRUED DAYS OFF ........................................................................................................................... 46 48. WEEKEND WORK ................................................................................................................................ 46 49. SUMMER TIME (DAYLIGHT SAVINGS) ................................................................................................. 48 50. REASONABLE ADDITIONAL HOURS ..................................................................................................... 48 51. OVERTIME .......................................................................................................................................... 48 52. OVERTIME IN LIEU .............................................................................................................................. 50 53. ON CALL / RECALL .............................................................................................................................. 50 54. REST BREAKS ...................................................................................................................................... 53 55. MEAL BREAKS..................................................................................................................................... 53 PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS ..................................................................................... 54 56. PUBLIC HOLIDAYS ............................................................................................................................... 54 57. ANNUAL LEAVE .................................................................................................................................. 58 58. EXCESSIVE LEAVE MANAGEMENT ...................................................................................................... 61 59. PURCHASED LEAVE ............................................................................................................................. 62 60. PERSONAL/CARER’S LEAVE ................................................................................................................ 63 61. COMPASSIONATE LEAVE .................................................................................................................... 67 62. LONG SERVICE LEAVE ......................................................................................................................... 67 63. PRE-NATAL LEAVE .............................................................................................................................. 73 64. PARENTAL LEAVE ............................................................................................................................... 73 65. COMMUNITY SERVICE LEAVE ............................................................................................................. 82 66. BLOOD DONORS LEAVE ...................................................................................................................... 84Page 4 of 204 67. CULTURAL AND CEREMONIAL LEAVE .................................................................................................. 84 68. FAMILY VIOLENCE LEAVE .................................................................................................................... 85 69. ANNUAL LEAVE CLOSE DOWN ............................................................................................................ 88 70. GENDER AFFIRMATION/TRANSITION SUPPORT LEAVE ....................................................................... 88 71. NATURAL DISASTER LEAVE ................................................................................................................. 90 72. CAREER BREAK LEAVE ........................................................................................................................ 90 PART 8 – UNION FACILITATION ...................................................................................................................... 92 73. RIGHT OF ENTRY ................................................................................................................................. 92 74. ORIENTATION/INDUCTION PROGRAMMES ........................................................................................ 92 75. RESOURCES AND FACILITIES ............................................................................................................... 92 76. PAID UNION MEETINGS ...................................................................................................................... 93 77. UNION TRAINING LEAVE .................................................................................................................... 93 78. NOTICEBOARDS .................................................................................................................................. 94 79. UNPAID BRANCH COMMITTEE OF MANAGEMENT LEAVE (EMPLOYEES HOLDING OFFICIAL UNION POSITIONS) .................................................................................................................................................... 94 PART 9 – CONDITIONS OF EMPLOYMENT SPECIFIC TO MANAGEMENT AND ADMINISTRATIVE OFFICERS ...... 95 80. APPLICATION...................................................................................................................................... 95 81. STUDY LEAVE...................................................................................................................................... 95 82. EXAMINATION LEAVE ......................................................................................................................... 95 83. TRAVELLING ALLOWANCES ................................................................................................................ 95 84. REMOVAL EXPENSES .......................................................................................................................... 96 85. CHIEF EXECUTIVE OFFICERS ................................................................................................................ 96 PART 10 – CONDITIONS OF EMPLOYMENT SPECIFIC TO HEALTH AND ALLIED SERVICES EMPLOYEES ............. 97 86. APPLICATION...................................................................................................................................... 97 87. AMENITIES ......................................................................................................................................... 97 88. ROSTERS ............................................................................................................................................. 97 89. WASH-UP TIME .................................................................................................................................. 98 90. MAKE UP TIME ................................................................................................................................... 98 91. TIME AND WAGES RECORDS .............................................................................................................. 98 92. STAFFING LEVELS & WORKLOAD MANAGEMENT ............................................................................... 98 93. PLANNED AND UNPLANNED ABSENCES.............................................................................................. 98 94. DUAL PART-TIME APPOINTMENTS ..................................................................................................... 99 95. STUDY LEAVE...................................................................................................................................... 99 96. EXPERIENCE PAYMENTS ..................................................................................................................... 99 97. COOKING TRADE PROFICIENCY PAYMENTS ...................................................................................... 100 98. INTERPRETER ALLOWANCES ............................................................................................................. 100 99. HEAT ALLOWANCE ........................................................................................................................... 101 100. NAUSEOUS WORK ALLOWANCE ....................................................................................................... 101 101. SENIORS ALLOWANCE ...................................................................................................................... 101Page 5 of 204 102. TOOL ALLOWANCE ........................................................................................................................... 102 103. IN CHARGE ALLOWANCES ................................................................................................................ 102 104. TRAVELLING ALLOWANCES .............................................................................................................. 103 105. TRAINEES ......................................................................................................................................... 103 106. JUNIORS, TRAINEES AND APPRENTICES ............................................................................................ 103 107. DEDUCTION FOR BOARD AND LODGING .......................................................................................... 105 108. OCCUPATIONAL HEALTH AND SAFETY .............................................................................................. 105 PART 11 – CONDITIONS OF EMPLOYMENT SPECIFIC TO DENTAL ASSISTANTS ONLY ..................................... 109 109. APPLICATION.................................................................................................................................... 109 110. CLINICAL SERVICES ENHANCEMENT/ JOB ROTATION ....................................................................... 109 111. ROSTERS ........................................................................................................................................... 109 112. MAKE UP TIME ................................................................................................................................. 109 113. CHRISTMAS/ NEW YEAR CLOSURE ................................................................................................... 109 114. REIMBURSEMENT OF EXPENSES ....................................................................................................... 109 115. OVERPAYMENT OF WAGES .............................................................................................................. 109 116. STAFFING FLEXIBILITY ....................................................................................................................... 110 117. PERFORMANCE MANAGEMENT ....................................................................................................... 110 118. WORK RELATED TRAVEL ................................................................................................................... 110 PART 12 – CONDITIONS OF EMPLOYMENT SPECIFIC TO DENTAL THERAPISTS, DENTAL HYGIENISTS & ORAL HEALTH THERAPISTS .................................................................................................................................... 112 119. ON-CALL/RECALL .............................................................................................................................. 112 120. PROFESSIONAL DEVELOPMENT LEAVE ............................................................................................. 112 121. CLINICAL QUALITY, CLINICAL AUDIT AND PEER REVIEW ................................................................... 112 122. PERFORMANCE APPRAISAL .............................................................................................................. 112 123. CLASSIFICATION DESCRIPTORS ......................................................................................................... 113 PART 13 – CONDITIONS OF EMPLOYMENT SPECIFIC TO SOCIAL AND COMMUNITY SERVICES EMPLOYEES .. 114 124. APPLICATION.................................................................................................................................... 114 125. OCCUPATIONAL HEALTH AND SAFETY .............................................................................................. 114 126. ROSTERING ...................................................................................................................................... 114 127. SLEEPOVER & SLEEP AWAY FROM HOME DUE TO WORK ................................................................. 115 128. RE-CALL TO WORK OVERTIME .......................................................................................................... 116 129. ANNUAL LEAVE CLOSE DOWN .......................................................................................................... 116 130. PROFESSIONAL DEVELOPMENT, STUDY LEAVE AND EXAMINATION LEAVE ...................................... 117 131. LEAVE WITHOUT PAY ....................................................................................................................... 120 132. TRANSLATION OF SACS PAY CODES .................................................................................................. 120 SCHEDULE A - SIGNATORIES ......................................................................................................................... 122 SCHEDULE B – MANAGEMENT AND ADMINISTRATIVE OFFICERS CLASSIFICATION STRUCTURE .................... 124 SCHEDULE C – HEALTH AND ALLIED SERVICES EMPLOYEES CLASSIFICATION STRUCTURE ............................. 138 SCHEDULE D – DENTAL ASSISTANTS CLASSIFICATION STRUCTURE ............................................................... 155Page 6 of 204 SCHEDULE E – DENTAL THERAPISTS, DENTAL HYGIENISTS AND ORAL HEALTH THERAPISTS CLASSIFICATION STRUCTURE .................................................................................................................................................. 157 SCHEDULE F – SOCIAL AND COMMUNITY SERVICES EMPLOYEE CLASSIFICATION STRUCTURE ...................... 165 SCHEDULE G – SALARY AND ALLOWANCE SCHEDULE ................................................................................... 185 SCHEDULE H – SUPPORTED WAGE SYSTEM FOR EMPLOYEES WITH DISABILITIES ......................................... 202Page 7 of 204 3. COMMENCEMENT DATE AND PERIOD OF OPERATION 3.1 This Agreement shall come into effect seven days from the date of approval by Fair Work Commission. 3.2 This Agreement shall nominally expire on 1 August 2024. 3.3 The Agreement shall continue to operate after the nominal expiry date in accordance with the provisions of the Fair Work Act 2009 (Cth). 3.4 The parties shall, six (6) months prior to the nominal expiry date of this Agreement, endeavour to commence negotiations for a replacement Agreement provided that any claim made by any party during this period may not be supported by industrial action. Negotiations will be undertaken in good faith for the purpose of concluding a replacement agreement to this Agreement to operate from the nominal expiry date of this Agreement. 4. INCIDENCE AND COVERAGE 4.1 This Agreement covers: Merri Health all Employees who are employed by Merri Health in any of the classifications set out in this Agreement; the Health Services Union Victoria No. 1 Branch (Health Workers Union) as a bargaining representative for the Agreement; the Community and Public Sector Union as a bargaining representative for the Agreement; The Australian Services Union as a bargaining representative for the Agreement; and The Australian Education Union as a bargaining representative for the Agreement. Without affecting the generality of the above clause 4.1: (i) Part 9 of this Agreement applies only to those Employees whose employment is covered by the classifications set out in Schedule B (Management and Administrative Officers); (ii) Part 10 of this Agreement applies only to those Employees whose employment is covered by the classifications set out in Schedule C (Health and Allied Services Employees). (iii) Part 11 of this Agreement applies only to those Employees whose employment is covered by the classifications set out in Schedule D (Dental Assistants). (iv) Part 12 of this Agreement applies only to those Employees whose employment is covered by the classifications set out in Schedule E (Dental Therapists, Dental Hygienists and Oral Health Therapists Employees). (a) (a) (b) (c) (d) (e) (f) (g) (a) (a) (b) (c) (d) (e) (f) (g)Page 8 of 204 (v) Part 13 of this Agreement applies only to those Employees whose employment is covered by the classifications set out in Schedule F (Social and Community Services Employees). 5. RELATIONSHIP TO PREVIOUS AWARDS AND AGREEMENTS 5.1 This is a comprehensive agreement that operates to the exclusion of any award, workplace determination or other agreement which previously applied to Employees covered by this Agreement. 6. INDIVIDUAL FLEXIBILITY ARRANGEMENTS 6.1 An Employee and the Employer may, after an Employee has commenced employment, enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of the Employee and Employer. An individual flexibility arrangement must be genuinely agreed to, without duress or coercion, by the Employee and Employer. 6.2 An individual flexibility arrangement may vary the effect of one or more of the following terms of this enterprise agreement (i) arrangements for when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and (v) leave loading; and An Employer who wishes to initiate the making of an individual flexibility arrangement must: (i) give the Employee a written proposal; and (ii) if the Employer is aware that the Employee has, or reasonably should be aware that the Employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal. An Employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. The Employer must ensure that any individual flexibility arrangement will result in the Employee being better off overall than the Employee would have been if no individual flexibility arrangement were agreed to. The Employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee and Employer. If the Employee is under 18 the arrangement must also be signed by a parent or guardian of the Employee. The Employer must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to, and keep a copy as a time and wages record. (b) (c) (d) (e) (f} (b) (c) (d) (e) (f)Page 9 of 204 The Employer must ensure that any individual flexibility arrangement sets out: (i) the terms of this enterprise agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; (iii) how the Employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (iv) the day on which the arrangement commences. The Employer must ensure that any individual flexibility arrangement: (i) is about matters that would be permitted matters under section 172 of the Act if the arrangement were an enterprise agreement; (ii) does not include any term that would be an unlawful term under section 194 of the Act if the arrangement were an enterprise agreement; and (iii) provides for the arrangement to be terminated: A. by either the Employee or Employer giving a specified period of written notice, with the specified period being 13 weeks; and B. at any time by written agreement between the Employee and Employer. An individual flexibility arrangement may be expressed to operate for a specified term or while the Employee is performing a specified role (such as acting in a specified higher position). Such an arrangement will terminate on expiry of the specified term or when the Employee ceases to perform the specified role unless terminated earlier on notice or by agreement. 7. SAVINGS 7.1 Nothing in this Agreement will diminish any existing, more beneficial entitlements of any Employee covered by this Agreement, except where expressly varied by this Agreement. 7.2 The increases contained in this Agreement may be absorbed into any over award/agreement arrangements where they exist. 8. NO EXTRA CLAIMS 8.1 This Agreement is reached in full and final settlement of all matters subject to claims by either party and for the life of the Agreement no further claims will be made or supported by the parties covered by the Agreement. 9. ANTI-DISCRIMINATION 9.1 It is the intention of the parties covered by the Agreement to achieve the principal object in section 3(e) of the Fair Work Act 2009 through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, (g) (h) ( i) (g) (h) (i)Page 10 of 204 colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 9.2 Accordingly, in fulfilling their obligations under the procedures in clause 12(Dispute Settlement), the parties covered by the Agreement must make every endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 9.3 Nothing in this clause is to be taken to affect: any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation; an Employee, Employer or registered organisation pursuing matters of discrimination in any State or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission; or any exemptions provided under the Fair Work Act 2009. 10. DEFINITIONS 10.1 The below defines common terms used throughout the Agreement, unless otherwise stated, the below definitions should apply. Agreement means the Merri Health Agreement 2021, including all Schedules. ASU means the Australian Services Union. Base rate of pay means the rate of pay payable to an Employee in accordance with Schedule G for their ordinary hours of work, but not including any incentive-based payments and bonuses, loadings, allowances, overtime, penalty rates or any other separately identifiable amounts. CPSU means the Community & Public Sector Union DBA means the Dental Board of Australia or successor; De facto partner, in relation to an Employee, means: a person who, although not married to the Employee, lives with them in a relationship as a couple on a genuine domestic basis (whether the Employee and the person are of the same sex or different sexes); and includes a former de facto of the Employee. Dental Assistant means an Employee classified in accordance with Schedule D of this Agreement, and paid pursuant to clause 3 of Schedule G. Dental Clinic means any Merri Health dental clinic whether fixed or mobile. Dental Hygienist for the purpose of this agreement means a person with current registration as a dental hygienist with the Dental Board of Australia or successor. Dental Therapist for the purpose of this agreement means a person with current registration as a dental therapist with the Dental Board of Australia or successor; Department refers to Employees within a department who are covered by this Agreement. (a ) (b) (c) (a) (b) (c) (d) (e) (f) (g) (h) ( i) (j) (k) (a) (b) (c) (a) (b) (c) (d) (e) (f) (g) (h) (i) S ªPage 11 of 204 Designated Work Group means a group of Employees within a workplace that are entitled to elect an HSR in accordance with the OHS Act. Employee couple: two Employees are considered an Employee couple if each of the Employees is the spouse or defacto of the other. Employee means a person employed by Merri Health who is employed in any of the classifications covered by this Agreement on a full-time, part-time, fixed-term or casual basis. Employer means Merri Health. Employer organisation means an organisation of Employers, which would specifically include the Victorian Hospitals’ Industrial Association. Experience for Employees classified under Part 10 of this Agreement (Health and Allied Services) means experience at any such work in any workplace subject to this Agreement, the Victorian Public Health Sector (Health and Allied Services, Managers and Administrative Workers) Single Interest Enterprise Agreement 2016- 2020, or Victorian Stand-Alone Community Health Services (Health and Allied Services, Managers and Administrative Officers) Multiple Enterprise Agreement 2018-2022 respondency list, within the last five (5) years, excluding any unpaid leave. Fair Work Act means the Fair Work Act 2009 (Cth) as varied from time to time or any successor to that Act. FWC means Fair Work Commission. Health and Allied Services Employee means an Employee classified in accordance with Schedule C of this Agreement, and paid pursuant to clause 2 of Schedule G. HSR means an Employee elected to the position of Occupational Health and Safety Representative of a Designated Work Group in accordance with the OHS Act. HWU means Health Services Union No 1 Branch, trading as the “Health Workers Union.” Immediate family means any near relative meaning a current/former spouse, partner, or de facto partner; a dependent child; a parent, step-parent or parent of spouse or partner; a sibling or sibling of the employee's partner; a grandparent or step-grandparent or grandparent-in-law; a member of household or family-like relationship; another relative or close personal friend or other relevant person as agreed. Jury service pay means an amount paid in relation to jury service under a law of the Commonwealth, a State or Territory, other than an amount that is, or that is in the nature of, an expense-related allowance. Jury service summons means a summons or other instruction (however described) that requires a person to attend for, or perform, jury service. Management and Administrative Officer means an Employee classified in accordance with Schedule B of this Agreement, and paid pursuant to clause 1 of Schedule G. (I) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) (1) EE (o) (p) (q) E JE EE E (x) (y) (z)Page 12 of 204 Medical certificate means a certificate from a medical practitioner. Medical practitioner means a person registered as a medical practitioner by the Medical Board of Australia. NES means the National Employment Standards detailed in Part 2-2 of the Fair Work Act, as varied from time to time. NES has the same meaning as National Employment Standards OHS Act means the Occupational Health and Safety Act 2004 (Victoria) as varied from time to time, or any successor to that Act. Oral Health Therapist means a person with current registration as both a Dental Therapist and Dental Hygienist with the DBA or successor or with current registration as an Oral Health Therapist Party means the Employer, Employees and the Unions who are covered by this Agreement. School age, in relation to a child, means the age at which a child is required by law to attend school. Shift Worker - for the purposes of the National Employment Standards (NES), a shiftworker is an Employee who works for more than four ordinary hours on 10 or more weekends during the year in which their annual leave accrues. Spouse includes a former spouse. Social and Community Services (SACS) Employee means an employee classified in accordance with Schedule F and paid pursuant to clause 5 of Schedule G. Union(s) means: (i) the Health Services Union Victoria No. 1 Branch trading as the “Health Workers Union” for employees classified under Schedule B and Schedule C; (ii) the Australian Services Union (ASU) for employees classified under Schedule F; (iii) the Australian Education Union (AEU) and its members including qualified Teachers who performs an Early Learning Coordinator or Teacher role; and (iv) the Community and Public Sector Union (CPSU) for employees classified under Schedule E. Union Delegate shall have the same meaning as Union Representative or Job Representative. VHIA means the Victorian Hospitals’ Industrial Association. Year of service means, for the purpose of leave accrual, the 12-month period between each anniversary date, based on the day the Employee started work with the Employer. (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) (jj) (kk) ( 11) (mm) (nn) (oo) (aa (bb) (cc) (dd) (ee (ff) (gg (hh) (ii) (i) (kk (II) (mm) (nn) (00)Page 13 of 204 PART 2 – DISPUTE RESOLUTION, CONSULTATIVE STRUCTURES AND DISCIPLINE 11. CONSULTATION REGARDING MAJOR WORKPLACE CHANGE 11.1 Consultation regarding major workplace change Where an Employer proposes a major change that may result in the termination of the employment of an Employee or Employees or other significant effect, the Employer will consult with affected Employee/s, the Union covered by this agreement and, where relevant, the Employee’s nominated representative. Provided that where this Agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect. 11.2 Definitions 11.3 Under this Agreement: Consultation refers to a genuine opportunity to influence the decision maker, but not joint decision making. Significant effect includes but is not limited to: (i) Termination of employment as a result of the change; (ii) Reduction of hours of work and/or reduction in remuneration; (iii) Changes to an Employee’s classification or substantial duties (which includes restructuring of jobs) or outsourcing; (iv) The need for retraining or relocation / redeployment to another site (where flexibility of work locations is not provided for in the Employee’s contract of employment); (v) Major changes in the composition or operation the Employer’s workforce or in the skills required including where this arises because of changes to the legal structure of the Employer; or (vi) The elimination or diminution of job opportunities, promotion opportunities or job tenure, including as a result of technology changes. Measures to mitigate or avert the adverse effect of change may include but are not limited to: (i) Redeployment where it is reasonable in the circumstances to do so; (ii) Retraining of an Employee or Employees; (iii) Salary maintenance; (iv) Job sharing; and (v) Maintenance of accruals. 11.4 Change Impact Statement to set out proposed workplace change To facilitate consultation, the Employer shall provide affected Employee/s and the Union covered by this Agreement with a written Change Impact Statement setting out all relevant information about the proposed workplace change including: (a) (a) (b) (c) (a) (a) (a) (b) (c) (a)Page 14 of 204 (i) The details of proposed change; (ii) The reasons for the proposed change; (iii) The possible effect on Employees of the proposed change; (iv) Measures the Employer is considering that may mitigate or avert the effects of the proposed change; and (v) The right of an affected Employee to have a representative including a Union representative. 11.5 Meeting As part of the consultation process, the Employer will meet with the affected Employee/s and if requested the Union covered by this Agreement and any other nominated representative to discuss the proposed change and any proposals to mitigate or avert the effects of the proposed change. 11.6 Amendment to proposal The Employer will give prompt and genuine consideration to matters arising from consultation and will advise the affected Employees and if requested the Union covered by this Agreement and any other nominated representative in writing of the outcome of consultation including: (i) whether the Employer intends to proceed with the change proposal; (ii) any amendment to the change proposal arising from consultation; (iii) details of any measures to mitigate or avert the effect of the changes on affected Employees; and (iv) a summary of how matters that have been raised by Employees and their nominated representative (if any) have been taken into account. 11.7 Parental leave or other absence For the avoidance of doubt, the obligation to consult under this clause includes those who are absent on leave including parental leave. 11.8 Disclosure of confidential information Nothing in this clause requires an Employer to disclose confidential information that would be contrary to the Employer’s interests. 11.9 Consultation about changes to rosters or hours of work Where an 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 nominated representatives (if any) about the proposed change. The Employer must: (i) provide to the Employee or Employees affected and their nominated representatives (if any) information about the proposed change (for example, information about the nature of the change to the Employee’s (a) (a) (a) (a) (a) (b) (a) (a) (a) (a) (a) (b)Page 15 of 204 regular roster or ordinary hours of work and when that change is proposed to commence); (ii) invite the Employee or Employees affected and their nominated 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 nominated representatives (if any). The requirement to consult under this clause does not apply where an Employee has irregular, sporadic or unpredictable working hours. These provisions are to be read in conjunction with other Agreement provisions concerning the scheduling of work and notice requirements. 11.10 Where an existing role, that is occupied by a paid Employee, is proposed to be replaced by a volunteer the above provisions of Consultation will apply. 12. DISPUTE SETTLEMENT 12.1 This dispute resolution procedure will apply to workplace grievances including but not limited to: this Agreement; the National Employment Standards; A request for flexible working arrangements; A request to extend unpaid parental leave beyond 52 weeks. 12.2 Right of representation (a) A party to the dispute may appoint another person, organisation or association (including a Union or Employer organisation) to accompany or represent them in relation to the dispute at any time. A representative, including a Union or Employer representative, may initiate the dispute. The parties to the dispute and their representatives must genuinely attempt to resolve the dispute through the processes set out in this clause and must cooperate to ensure that these processes are carried out expeditiously. 12.3 Internal process The parties will attempt to resolve the matter at the workplace as follows: In the first instance, by discussions between the Employee/s and the relevant supervisor; and If the dispute is still unresolved, by discussions between the Employee/s and more senior levels of local management The above steps shall take place within fourteen calendar days or such longer period as is reasonable in the circumstances or mutually agreed. (c) (d) (a) (b) (c) (d) (a) (b) (c) (d) (a) (b) (c) (d) (a) (b)Page 16 of 204 12.4 Referral to the Commission If a dispute is unable to be resolved at the workplace, the dispute may be referred to the FWC for conciliation by a party to the dispute or representative and, where the matter in dispute remains unresolved, arbitration. The decision of FWC will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. 12.5 Work to Continue in accordance with Custom and Practice While the dispute resolution procedure is being conducted work shall continue normally according to the custom or practice existing before the dispute arose until the dispute is resolved. No party shall be prejudiced by the continuation of work. Health and safety matters, where an Employee has a reasonable concern about an imminent risk to the Employees health or safety, are exempted from this clause. 12.6 Dispute Settlement Facilitation Where the chosen representative is another Employee of the Employer, that Employee shall be released by the Employer from normal duties as is reasonably necessary to enable them to represent the Employee/s including: Investigating the circumstances of the dispute; and Participating in the processes to resolve the dispute, including conciliation and arbitration. An Employee acting as a representative will not be disadvantaged in any way as a result of acting on behalf of another Employee. 12.7 Disputes of a Collective Character It is agreed that disputes of a collective character may be dealt with more expeditiously by an early reference to the FWC. However, no dispute of a collective character may be referred to the FWC directly without a genuine attempt to resolve the dispute at the workplace level as required by this clause. 13. REDUNDANCY 13.1 NES Redundancy entitlements are prescribed by the NES. This clause contains additional terms to the NES. 13.2 Consultation Where an Employee’s employment may be terminated as a result of redundancy, the provisions of clause 11 (Consultation Regarding Major Workplace Change) apply. This clause requires that an Employer consult regarding a proposed change that may have a significant effect, and to consider measures that may mitigate or avert the impact of the change including but not limited to: (i) Redeployment; (a) (b) (a) (a) (b) (c) (d) (a) (a) (a) (a) (b) (a) (a) (b) (c) (d) (a) (a) (a)Page 17 of 204 (ii) Retraining of an Employee or Employees; (iii) Salary maintenance; (iv) Job sharing; and (v) Maintenance of accruals. 13.3 Transfer to lower paid duties Where an Employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the Employee would have been entitled to if the employment had been terminated and the Employer may, at the Employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing. Nothing in this clause shall limit the right of an Employee to claim redundancy pay under sub-clause 13.7 on the basis that the role to which the Employee has been transferred is not acceptable employment consistent with the Act. 13.4 Employee leaving during notice period An Employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The Employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice. Nothing in this clause prohibits the parties from agreeing to shorten the length of the notice period and pay the remainder of the notice in lieu. 13.5 Job search entitlement An Employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment. If the Employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the Employee must, at the request of the Employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient. 13.6 Effect of this provision The entitlements contained at 13.7 and 13.9 of this clause operate in accordance with s. 55 of the Act. 13.7 Redundancy payment for Employees employed prior to 31 May 2019 classified under Schedules B, C and D: Where a comparable role cannot be identified and an Employee’s employment is terminated either: (a) (a) (b) (a) (b) (a) (a) (a) (a) (b) (a) (b) (a) (a)Page 18 of 204 (i) at the Employer’s initiative because the Employer no longer requires the job done by the Employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour, or (ii) because of insolvency or bankruptcy of the Employer, the Employee shall be eligible for the relevant redundancy package available under Victorian Public Sector Government policy at the time of the termination, as is amended from time to time. An Employee with a preserved entitlement in accordance with this sub-clause will forfeit the entitlement if they terminate from Merri Health following the commencement of this Agreement and recommence with Merri Health. 13.8 Redundancy payment for Employees classified under Schedule E or other Employees employed on or after the commencement of the Agreement Where a comparable role cannot be identified and an Employee’s employment is terminated either: (i) at the Employer’s initiative because the Employer no longer requires the job done by the Employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or (ii) because of insolvency or bankruptcy of the Employer, is entitled to redundancy pay unless excluded by the NES as follows: Employee’s continuous service with the Employer Redundancy pay 1 At least 1 year but less than 2 years 4 weeks 2 At least 2 years but less than 3 years 6 weeks 3 At least 3 years but less than 4 years 7 weeks 4 At least 4 years but less than 5 years 8 weeks 5 At least 5 years but less than 6 years 10 weeks 6 At least 6 years but less than 7 years 11 weeks 7 At least 7 years but less than 8 years 13 weeks 8 At least 8 years but less than 9 years 14 weeks 9 At least 9 years 16 weeks 13.9 Exclusions and variations Nothing in this clause shall affect any right to apply, exclusion, right or limit contained in the NES concerning redundancy provided at sections 120 to 123 of the Act. 13.10 Alternatives to redundancy Before termination of employment due to redundancy occurs, the Employer shall give genuine consideration to alternatives including: (b) (a) (a) (a) (b) (a) (a) (a)http://www.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s12.html#employee http://www.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s12.html#continuous_service http://www.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s12.html#employer Page 19 of 204 (i) Whether the change can be achieved through an alternative means such as natural attrition, leave, voluntary reduction of hours / job sharing or voluntary departure; and (ii) Whether it would be reasonable in all the circumstances to redeploy affected Employee/s. In considering whether it would be reasonable in all the circumstances to redeploy the affected Employee, the Employer shall: (i) Identify existing vacancies and consider whether it may be reasonable to redeploy the Employee to a vacant role; and (ii) Advise the Employee in writing, identifying whether there are, in its view, any roles into which the Employee may reasonably be redeployed. The Employee may: (i) Require the Employer to disclose all the vacancies regardless of whether the Employer believes it would be reasonable to redeploy the Employee to those role/s; and / or (ii) Meet the Employer to discuss whether it would be reasonable to redeploy him/her to any of the vacant positions. Nothing in this clause shall prevent either party from disputing whether it would be reasonable in all the circumstances to redeploy the Employee. Where an Employee facing redundancy expresses an interest in a vacant position, the Employee will be interviewed by the Employer for that position where the Employee has or could reasonably have the skills to perform the vacant position. 13.11 Employee Obligations The Employee must actively participate in the redeployment process including: (i) identifying appropriate retraining needs; (ii) developing a resume / CV to assist in securing redeployment; (iii) actively monitoring and exploring appropriate redeployment opportunities and working with the appointed case manager. 13.12 Rejecting a comparable role For the purpose of this clause, a comparable role is one that remains ongoing and: (i) Is within the same skill set as the current position (ii) Is a position that the Employee is qualified to perform, or otherwise could undertake with reasonable training; (iii) Has the same classification level and pay as the current position (or is otherwise acceptable to the Employee) (iv) Is a reasonable distance from the Employee’s current work location; (b) (c) (d) (e) (a) (a) (b) (c) (d) (e) (a) (a)Page 20 of 204 (v) Has regard to the number of ordinary hours normally worked by the Employee; (vi) Takes into account the Employees personal circumstances, including family responsibilities. Where an Affected Employee rejects an offer of redeployment to a comparable role (as defined), the Affected Employee may be ineligible for a departure package referred to at subclauses 13.7 or 13.8. 13.13 Disputing a Redundancy Where an Employee disputes a redundancy in accordance with clause 12 (Dispute Settlement), the Merri Health will ensure the dispute process is followed, and the Employee will not be prejudiced by this action. Nothing in this clause imposes the obligation on the Merri Health to hold a job vacant until the end of the dispute process. 14. DISCIPLINARY PROCEDURES The following procedures are to be read in conjunction with relevant policies and procedures to assist employees to maintain and if necessary, improve their performance through counselling and support systems. These procedures ensure a consistent approach is followed for managing performance issues for all employees. 14.1 Investigative procedure Any request for an employee to attend a formal investigative interview where the potential outcome may be formal counselling, warnings or dismissal must occur in accordance with the below Investigative procedure. The Employer will advise the employee of the concerns in question and any allegation in writing and conduct a fair investigation having proper regard to procedural fairness and the factors set out below. 14.2 Important procedural factors: The reason for any interview is to be explained; The employee is to be provided with material which forms the basis of the concerns and any allegation against them and given a reasonable time to respond; The Employer must take all reasonable steps to give the employee a reasonable opportunity to answer any concerns or allegations; If the employee raises an issue in their response to the Employer's concerns or allegations, that warrants further investigation, the Employer shall take reasonable steps to investigate the matter; A representative of the Employee, who may include a union representative, shall be present if desired by either party at for any process in accordance with this clause. This includes all investigative interviews or meetings conducted by the Employer, or conducted on the Employer's behalf, pursuant to sub-clause 14.1 to 1.6. 14.3 Outcomes (b) (a) (a) (b) (a) (b) (c) (d) (e) (b) (a) (a) (b) (a) (b) (c) (d) (e)Page 21 of 204 No further action required – where, after investigations have concluded, it is deemed unnecessary to continue with formal disciplinary procedures, the Employer will inform the Employee that the matter is finalised without an adverse entry in their Employee records; Informal Counselling – where, after investigations have concluded, it is deemed unnecessary to continue with formal disciplinary procedures, the Employer may determine that informal counselling - of an advisory nature encouraging a change in behaviour or attitude – be given to the Employee; Formal Counselling - where, after investigations have concluded, the Employer may deem formal counselling appropriate depending upon the severity of the behaviour or performance concern/s, or if there is continuation of concerning behaviour or performance concern/s. Formal counselling should be used to notify an employee that there is a serious concern, their behaviour is not meeting the expected standards and may result in formal disciplinary action. All formal counselling meetings will be documented with a copy provided to the Employee and placed on their personnel file for a period of twelve (12) months. Formal Disciplinary Action - where, after investigations have concluded, it is deemed necessary to continue with formal disciplinary procedures; the Employee will be issued with written correspondence detailing: (i) the outcome of the investigation, including a decision as to which of the allegations were substantiated and a summary of the reasons (ii) confirmation of what formal action will occur. Formal actions may include: (i) a first written warning; (ii) where the employee is counselled or given a first written warning, the Employer may issue a second written warning; (iii) a final written warning; (iv) Termination with notice in the case of an employee who repeats a course of conduct for which a final warning was given in the preceding 12 months and – A. performance concern/s which were subject to formal counselling in the previous twelve (12) months are repeated; or, B. if there is a continuation of concerning behaviour and reasonable attempts to support behaviour improvements are unsuccessful (with appropriate warnings having been issued). (v) Termination without notice where the conduct is serious misconduct (as defined for the purposes of the Fair Work Act) that is wilful and deliberate. In this case, the Employer may issue the employee with a final warning as an alternative to dismissal. An Employer may terminate an Employee within the first 6 months of employment on the proviso that the Employer can show the Employee was provided an opportunity to improve their performance or conduct prior to termination. 14.4 Disputes (a) (b) (c) (d) (e) (f) (a) (b) (c) (d) (e) (f)Page 22 of 204 A dispute over the clause is to be dealt with in accordance with Clause 12 (Dispute Settlement) of this Agreement. 15. PROMOTING DISABLED WORKFORCE PARTICIPATION 15.1 The parties commit to the promotion of employment for people with disabilities though increasing the representation of people with disabilities working in all health professions/services. 16. PROMOTING ABORIGINAL AND TORRES STRAIT ISLANDER WORKFORCE PARTICIPATION 16.1 The parties commit to the promotion of Aboriginal and Torres Strait Islander employment though Increasing the representation of Aboriginal and Torres Strait Islander people working in all health professions/services. 17. EMPLOYEE ASSISTANCE PROGRAM 17.1 The Employer recognises that a wide range of personal and work-related problems can affect the health, safety, work performance and morale of its employees and that many of these problems are capable of resolution by the provision of professional and confidential assistance. 17.2 This Agreement provides employees and their immediate families with access to a confidential, professional counselling service to help them resolve either personal or work-related problems. 17.3 There will be no initial cost to Employees who contact the counselling service, in line with Merri Health’s Policy, however, if the counselling service refers the Employee to another service, or agrees to provide services in addition to those funded by Merri Health, then the Employee will be responsible for any costs which may arise. (a) (a)Page 23 of 204 PART 3 – EMPLOYMENT ARRANGEMENTS Merri Health acknowledges the positive impact that secure employment has on employees and the provision of quality services to the community. To that end, Merri Health will give preference to ongoing forms of employment over casual and fixed term arrangements wherever possible. 18. TYPES OF EMPLOYMENT 18.1 Employees under this Agreement may be employed in any one of the following employment categories: full-time employment; regular part-time employment; or casual employment. 18.2 At the time of engagement an Employer shall inform each Employee of the terms of their engagement, and in particular whether they are to be full-time, regular part-time or casual. 19. MINIMUM ENGAGEMENT 19.1 Each Employee shall be paid for a minimum of three (3) hours, with the exception of Employees eligible for payment of overtime in accordance with clause 51 (Overtime) of this Agreement. 19.2 No Employee shall be paid less than the minimum hours of engagement. 20. FULL-TIME EMPLOYMENT 20.1 A full-time Employee is one who is ready, willing and available to work a full week of 38 hours, or an average of 38 hours per week as per clause 46 (Hours of Work) at the times and during the hours that are mutually agreed upon, or in the absence of such agreement, as prescribed by the Employer. 20.2 Subject to the provisions of clause 46 (Hours of Work) a full-time Employee shall be paid the full weekly wage for their classification irrespective of the number of hours worked not exceeding 38, or an average of 38 per week. 21. REGULAR PART-TIME EMPLOYMENT 21.1 The Employer may employ regular part-time Employees in any classification covered by this Agreement. 21.2 A regular part-time Employee is one who: works less than full-time hours per week (or fortnight); has reasonably predictable hours of work; and receives, on a pro-rata basis, equivalent pay and conditions to those of full-time Employees who do the same kind of work. 21.3 At the time of engagement, the Employer and regular part-time Employee will agree in writing on the following matters: (a) (b) (c) (a) (b) (c) (a) (b) (c) (a) (b) (c)Page 24 of 204 a regular pattern of work, specifying at least the hours worked each week; which days of the week the Employee will work; and the actual starting and finishing times each day. 21.4 Any agreed variation to the regular pattern of work will be recorded in writing. 21.5 Regular part-time Employees shall be paid 1/38th of the weekly wage rate for their classification pursuant to Schedule G. All leave entitlement shall accrue on a pro-rata basis. 21.6 An Employee who does not meet the definition of a regular part-time Employee and who is not full-time shall be paid as a casual Employee in accordance with clause 22 (Casual Employment). 21.7 Additional Hours A part-time Employee may be offered additional hours at the applicable ordinary time rates for the time worked, within the limits prescribed by this Agreement. A part-time Employee is entitled to decline an offer of additional ordinary hours. Where a part-time Employee is directed by the Employer to work reasonable additional hours, or works hours in excess of 38 in a week, an average of 38 hours a week or the limits prescribed by the Agreement, overtime rates will apply. 21.8 Health and Allied Services Employees and Dental Assistants The following provisions apply only to regular part-time Employees classified under Schedule C and Schedule D: (i) Payment in respect of any period of personal leave (where an Employee has an accumulated entitlement) shall be on a pro-rata basis made according to the number of hours the Employee would have worked on the day or days on which the leave was taken so as not to reduce the Employee’s wage below the level that the Employee would have received had they not been absent. (ii) The payment or deduction of payment in lieu of notice of termination of employment shall be calculated on a pro-rata basis. (iii) Any period of annual leave, long service leave and sick leave to which an Employee is entitled shall accrue on a pro-rata basis according to the number of hours worked on average over the past twelve months. (iv) Subject to the foregoing provisions of this clause, all the provisions of this Agreement shall apply to regular part-time Employees. (v) Notwithstanding the above, a part-time Employee who is employed on a regular basis for four hours or less per week shall be paid according to clause 22 (Casual Employment). 21.9 Part Time Review of Hours Where over a period of 52 weeks or more a part-time Employee regularly and systematically works more than their contracted hours, the Employer or the Employee may request in writing a contract reflecting that the Employee’s hours (a) (b) (c) (a) (b) (c) (a) (a) (a) (b) (c) (a) (b) (c) (a) (a)Page 25 of 204 have increased on a permanent basis. Such a request will not be unreasonably refused by either party. An Employee will not be considered to be regularly and systematically rostered if the shifts the Employee has been working are replacing an absent Employee (for example parental leave, long service leave, workers’ compensation or personal leave) or a temporary flexible work arrangement. A written response will be provided no later than 21 days from the date of a request (by either an Employee or Employer). Where the request is refused, the written response will include reasons for the refusal. Where the Employer makes the request under subclause 21.9(a), at the time of making the request the Employer will also notify the Employee in writing of their obligations under this subclause. Where such a conversion occurs, the Employee will be provided with a Letter of Adjustment setting out the revised employment arrangements. 22. CASUAL EMPLOYMENT 22.1 A casual Employee is one who is engaged in relieving work or work of a casual nature and whose employment is terminable without notice by the Employer, in accordance with their requirements, or by the Employee. 22.2 Entitlement for Social and Community Services Employees classified under Schedule F Casual Employees shall be paid an amount equal to 1/38th of the weekly wage rate for their classification per hour plus: a 25% loading for work performed on weekdays; a 75% loading for work performed between midnight Friday and Midnight Saturday; a 125% loading for work performed between midnight Saturday and midnight Sunday; 175% loading for work performed on a Public Holiday. 22.3 Entitlement for all other Employees (excluding Social and Community Services) Casual Employees shall be paid an amount equal to 1/38th of the weekly wage rate for their classification per hour plus: a 25% loading for work performed on weekdays; a 75% loading for work performed between midnight on Friday and midnight on Sunday; 175% loading for work performed on a Public Holiday. 22.4 A casual Employee shall be entitled to receive the appropriate uniform and other allowances contained in this Agreement. 22.5 The provisions of clause 51 (Overtime), clause 56 (Public Holidays), clause 56.14 (Annual Leave), clause 60 (Personal/Carer’s Leave), clause 61 (Compassionate Leave), and clause 64 (Parental Leave) shall not apply to casual Employees, except where the relevant clause expressly provides entitlements for casual Employees. (b) (c) (d) (a) (b) (c) (d) (a) (b) (c) (b) (c) (d) (a) (b) (c) (d) (a) (b) (c)Page 26 of 204 22.6 In addition to sub-clause 22.5 above, clause 62 (Long Service Leave) does not apply to casual Employees classified under Schedule D. 22.7 Casual Conversion NOTE: Employer offers for Casual Conversion shall be in accordance with subdivision B of section 66 of Fair Work Act 2009 (National Employment Standards). This clause 22.7 will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. Where a casual Employee has worked shifts on a regular and systematic basis over a period of 26 weeks or more, which without significant adjustment they could continue to perform as a part-time or full-time Employee, the Employer and the Employee recognise that the Employee may be more properly classified as part- time or full-time. An Employee will not be considered to be rostered on a regular and systematic basis where the shifts the Employee has been working are pursuant to a temporary flexible work arrangement. Either the Employer or the Employee may request in writing the conversion of the Employee to full-time or part-time employment (whichever is applicable) and an Employee initiated request will not be unreasonably refused by the Employer. For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable at the time. A written response will be provided no later than 21 days from the date of a request (by either an Employee or Employer). Where the request is refused by the Employer, the written response will include reasons for the refusal. Where the Employer makes the request under subclause 22.7(c), at the time of making the request the Employer will also notify the Employee in writing of their obligations under this subclause 22.7(d). Where an Employee converts from casual to full or part-time employment, the Employee’s minimum weekly hours will be those worked on a regular and systematic basis as described in subclauses 22.7(a) and 22.7(b) above, and the provisions of clause 20 (Full-time Employment) or 21 (Regular Part-Time Employment) (whichever is relevant) will apply. Where such a conversion occurs, the Employee will be provided with a Letter of Adjustment setting out the revised employment arrangements, acknowledging any period/s of casual employment with the Employer. 23. FIXED TERM EMPLOYMENT 23.1 A fixed-term Employee is one who is engaged on a full-time or regular part-time basis for a fixed period of time, to fulfil the genuine fixed term requirements of the Employer, and who is ready, willing and available to work the hours and times that are mutually agreed (a) (b) (c) (d) (e) (f) (a) (b) (c) (d) (e) (f)Page 27 of 204 or, in the absence of agreement, as prescribed by the Employer at the time of engagement. 23.2 Where an Employee is directed to undertake a secondment by way of fixed term contract, Merri Health will preserve their substantive role, so that the Employee may return to that role on completion of the secondment. This provision will not apply where the Employee undertakes a secondment at their own request. 24. REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS 24.1 An Employee may request a change in working arrangements if: any of the circumstances referred to in clause 24.2 apply to an employee; and the employee would like to change his or her working arrangements because of those circumstances; then the employee may request the employer for a change in working arrangements relating to those circumstances. 24.2 The following are the circumstances: the Employee is the parent, or has responsibility for the care, of a child who is of school age or younger; the Employee is a carer (within the meaning of the Carer Recognition Act 2010) the Employee has a disability; the Employee is 55 or older; the Employee is experiencing violence from a member of the Employee’s family; or the Employee provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s household, who requires care or support because the member is experiencing violence from the member’s family. 24.3 To avoid doubt, and without limiting subclause 24.1, an employee who: is a parent, or has responsibility for the care, of a child; and is returning to work after taking leave in relation to the birth or adoption of the child; may request to work part‑time to assist the employee to care for the child. 24.4 A request made under clause 24.1 may include, but is not limited to, changes in hours of work, changes in patterns of work or changes in the location of work. 24.5 Any request made under this section of the Agreement may be of a temporary nature, if agreed by both parties. Where this occurs, both parties will agree to a review before terminating the agreed temporary arrangement, and may also agree to extend the arrangement. 24.6 An Employee is not entitled to make a request under clause 24.1 unless: (a) (b) (a) (b) (c) (d) (e) (f) (a) (b) (a) (b) (a) (b) (c) (d) (e) (f) (a) (b)Page 28 of 204 for an Employee, other than a casual Employee, they have completed at least 12 months continuous service with the Employer immediately before making the request; or for a casual Employee, they have: (i) been engaged by the Employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months immediately before making the request; and (ii) have a reasonable expectation of continuing engagement by the Employer on a regular and systematic basis. 24.7 A request made under clause 24.1 must be in writing and set out: details of the change in working arrangements sought by the Employee; and the reasons for the change. 24.8 The Employer must respond to a request made under clause 24.1 within 21 days, stating whether or not the request is granted. 24.9 The Employer may refuse a request made under clause 24.1 on reasonable business grounds. 24.10 If the Employer refuses a request made by an Employee under clause 24.1, the written response provided under clause 24.8 must include the reasons for such refusal. 25. VACANCIES 25.1 Where a vacancy arises within a department, the responsible manager will initiate action to advertise the vacant position or available hours, as soon as reasonably practicable after receiving notice of rtermination. 26. NOTICE OF TERMINATION – EMPLOYER 26.1 The Employer must not terminate an Employee’s employment unless they have given the Employee written notice of the day of the termination (which cannot be before the day the notice is given). 26.2 In order terminate the employment of an Employee, the Employer shall give 4 weeks’ written notice, or pay 4 weeks’ wages in lieu of notice. 26.3 The period of notice in 26.2 shall be increased by one week if the Employee is over 45 years of age and has completed at least 2 years continuous service with the Employer at the end of the day the notice is given. 26.4 An Employee classified as a Chief Executive or Deputy Chief Executive officer shall not be dismissed unless the committee of management has first made careful enquiry into any matter alleged against such officer and has heard whatever statement they may wish to make relative to that matter and against such dismissal or has given him/her a reasonable opportunity to make such a statement before the committee of management. An officer may be assisted in making any such statement or submission by a representative of the Union. Pending such enquiry an officer may be relieved of duty. (a) (b) (a) (b) (a) (b) (a) (b)Page 29 of 204 26.5 For the purposes of this clause: a period of service by an Employee with an Employer is a period during which the Employee is employed by the Employer, but not including any period of unauthorised absence; and a period of unauthorised absence does not break an Employee’s continuous service with an Employer, but is not to be counted towards the length of the Employee’s continuous service. 26.6 Notice of termination shall not apply in the case of dismissal for serious and wilful misconduct. 26.7 Where an Employer has given notice of termination to an Employee, the Employee shall be allowed the equivalent of up to one days’ time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the Employee, following consultation with the Employer and may be taken in more than a single period. 27. NOTICE OF TERMINATION – EMPLOYEE 27.1 The notice of termination required by an Employee shall be 4 weeks’ notice or as provided by the NES, whichever is the lesser. 27.2 The period of notice may be reduced by mutual agreement. Where a terminating Employee applies for a reduced notice period, the Employer will not unreasonably withhold their agreement. 27.3 If an Employee fails to give the notice specified in clause 27.1 the Employer has the right to withhold monies due to the Employee to a maximum amount equal to the amount the Employee would have received under clause 27.1. 28. TRANSITION TO RETIREMENT 28.1 Employees aged 55 or over, who have indicated their intention to retire within the next five years from their Employer may participate in a retirement transition arrangement. 28.2 Transition to retirement arrangements may be proposed and, where agreed, implemented as: A flexible working arrangement (see clause 24); An individual flexibility agreement (see clause 6); In writing between the parties; or Any combination of the above. 28.3 A transition to retirement arrangement may include but is not limited to: A Reduction of working hours, i.e. part time employment; A Job share arrangement; Working in a position at a lower status or rate of pay (which may include project- based work, a secondment or a training/mentoring role); or (a) (b) (a) (b) (c) (d) (a) (b) (c) (a) (b) (a) (b) (c) (d) (a) (b) (c)Page 30 of 204 Working remotely. 28.4 In addition to the above, an Employee and their Manager may agree that an Employee who wishes to transition to retirement can use accrued Long Service Leave and Annual Leave for the purpose of reducing their working week but retaining their previous employment status. 28.5 An Employee who has entered into a retirement transition arrangement will preserve their long service leave entitlement at the time of reduction in salary or hours. 28.6 Purchased Leave may also be available to assist an Employee to transition to retirement in accordance with clause 59 (Purchased Leave). 29. HYBRID WORKING MODEL 29.1 Definition Remote office refers to the area approved by the Employer within the Employee’s residence (or other location) as the worksite in which the Employee will carry out remote-based work as per the Hybrid Working Agreement. 29.2 Purpose The Employer recognizes the value that a Hybrid Working Model (HWM) has in maintaining an agile workforce and promoting work/life balance for its Employees. The Employer will consider requests for HWM in accordance with this clause 29 and the relevant Merri Health Policy. HWM arrangements will be considered by the Employer on a case-by-case basis having regard to: (i) the nature of the employee’s work; (ii) the ability for all or part of the employee’s duties to be effectively performed at home and/or remotely; (iii) the operational needs of Merri Health; (iv) the impact on the individual and/or the team; (v) productivity or performance issues; (vi) occupational health and safety; (vii) any legislative or Government mandated restrictions/orders; and (viii) any other relevant factors. 29.3 Application process An Employee who makes a request for HWM must do so in writing to their manager. The Employer will provide the Employee with a written response within 21 days of an application being received. Where the Employer has declined a request for a HWM, the reasons will be set out in the response provided at subclause 29.2(b) and the Employee and/or Employee’s representative will be given an opportunity to meet to discuss the request. (d) (a) (a) (b) (a) (b) (c) (d) (a) (a) (b) (a) (b) (c)Page 31 of 204 The Employer will not unreasonably refuse a HWM request. 29.4 Employer requests to work from home Where the Employer requires an Employee to work remotely, the Employee will be provided with the details in writing. If an Employee does not wish to work remotely, they must write to the Employer and provide the reasons why they are unable/unwilling to perform their duties remotely. The Employer will provide a written response to the request at clause 29.3(b) within 21 days. The Employer will not unreasonably refuse a request to continue working from the Employer’s site. 29.5 Dispute resolution Where a dispute arises under this clause 29, it will be dealt with in accordance with clause 12 (Dispute Resolution). (d) (a) (b) (c) (d) (d) (a) (b) (c) (d)Page 32 of 204 PART 4 – CLASSIFICATION STRUCTURE, WAGES AND RELATED MATTERS 30. CLASSIFICATIONS 30.1 The Employer shall classify all Employees in accordance with the classification structures set out in Schedule B (Management and Administrative Officers), Schedule C (Health and Allied Services Employees), Schedule D (Dental Assistants), Schedule E (Dental Therapists, Dental Hygienists and Oral Health Therapists) and Schedule F (Social and Community Services) of this Agreement. 30.2 The Employer shall notify each Employee in writing upon commencement of their classification and terms of employment. 30.3 The Employer shall notify each Employee of any alteration to their classification in writing not later than the operative date of such change, subject to consultation as per Clause 11. 31. SALARY INCREASES 31.1 The weekly salaries over the life of the Agreement are prescribed in Schedule G. 31.2 For Employees classified under Schedule F (Social and Community Services), wage increases have been calculated as follows: FFPPOA 1 August 2021 - 2% (based on the relevant Modern Award rate as at 1 July 2021); FFPPOA 1 August 2022 – 2.5%; FFPPOA 1 August 2023 – 2.5%. 31.3 For all other Employees (excluding Social and Community Services), wage increases have been calculated as follows: FFPPOA 1 August 2021 - 2%; FFPPOA 1 August 2022 – 2.5%; FFPPOA 1 August 2023 – 2.5%. 31.4 The above rates of pay will only come into operation on the approval of this Agreement by Fair Work Commission in accordance with the Act. 32. ONCE OFF UPFRONT LUMP SUM PAYMENT 32.1 A lump sum payment of: Full time and part-time Employees who are employed upon commencement of this Agreement will be entitled to a lump sum payment of $250 (pro-rata for part-time Employees). The amount will be payable in the FFPPOA commencement of the Agreement. 33. ALLOWANCE ADJUSTMENTS 33.1 All current monetary based allowances will be increased at the same rate as the wages as prescribed in Clause 31.1. (a) (b) (c) (a) (b) (c) (a) (a) (b) (c) (a) (b) (c) (a)Page 33 of 204 33.2 The allowances rates specified in Schedule G include the adjustments made in accordance with clause 31.2 and 31.3 above. 34. SALARY PACKAGING 34.1 All Employees covered by this Agreement will have access to salary packaging arrangements as follows: By agreement with the Employer, the current rate of pay and any monetary entitlements payable to the Employee as adjusted by this Agreement, may be salary packaged in accordance with the individual Health Service policy on salary packaging. The Employee shall compensate the Employer from within their base remuneration, for any FBT incurred as a consequence of any salary packaging arrangement the Employee has entered into. Where the Employee chooses not to pay any of the costs associated with their salary packaging, the Employer may cease the Employee's salary packaging arrangements. The parties agree that in the event that salary packaging ceases to be an advantage to the Employee (including as a result of subsequent changes to FBT legislation), the Employee may elect to convert the amount packaged to salary. Any costs associated with the conversion to salary shall be borne by the Employee and the Employer shall not be liable to make up any benefit lost as a consequence of an Employee’s decision to convert to salary. The Employee shall be responsible for all costs associated with the administration of their salary packaging arrangements, provided that such costs shall be confined to reasonable commercial charges as levied directly by the external salary packaging provider and/or in-house payroll service (as applicable), as varied from time to time. The parties recommend to Employees who are considering salary packaging that they seek independent financial advice. The Employer shall not be held responsible in any way for the cost or outcome of any such advice and furthermore, the parties agree that the Employee shall pay for any costs associated with salary packaging. 35. PAYMENT OF WAGES 35.1 Wages shall be paid weekly or fortnightly (as determined by the Employer) to the nominated financial institution of each Employee. Payment will be made no later than Thursday following the end of the pay period. 35.2 On or before each pay day, the Employer shall advise each Employee in writing of their gross salary entitlement for the pay period, any deductions and allowances authorised by law and by the Employee, the Employee name and classification, the period the pay relates to and the date of payment, the hourly rate of pay, and the net amount of payment, amounts of occupational superannuation contributions and details of funds into which contributions are being paid. (a) (b) (c) (d) (e) (a) (b) (c) (d) (e)Page 34 of 204 35.3 Where an Employee considers that they have been underpaid as a result of error on the part of the Employer, the Employee may request that the Employer rectify the error or validate the payment. 35.4 Where an Employee is underpaid by reason of Employer error and the amount of such underpayment is less than 5% of the Employee’s fortnightly wage, the underpayment will be corrected in the next pay period. 35.5 Where the underpayment exceeds 5% of the Employee’s fortnightly wage, the Employer must take steps to correct the underpayment within 24 hours and to provide confirmation to the Employee of the correction. 35.6 Health and Allied Services Employees If the employer does not take the action required under clauses 35.4 and 35.5 above, the employee shall be paid a penalty payment of 20% of the underpayment, calculated on a daily basis from the date of the entitlement arising until all such moneys are paid. In addition, the employer shall meet any associated banking or other fees/penalties incurred by the employee as a consequence of the error where those fees exceed the 20% penalty payment. Clause 35.6(a) will not come into effect: (i) if the payment of wages or other monies owed falls on a public holiday, until the expiration of such public holiday; or (ii) if any unforeseen event outside the control of the employer frustrates their ability to meet the requirements of this clause. Late payment on termination (i) When notice of termination of employment has been given by an employee or an employee’s services have been terminated by an employer, payment of all wages and other monies owing to an employee shall be made to the employee. (ii) If an employee is kept waiting for more than 24 hours such employee shall be paid overtime rates for the duration of the period until such monies owing are paid, with a minimum payment of two (2) hours and a maximum payment of seven (7) hours and 36 minutes per day. 36. SUPPORTED WAGE SYSTEM FOR EMPLOYEES WITH DISABILITIES 36.1 Schedule G defines the conditions that apply to Employees who, because of the effects of a disability, are eligible for a supported wage under the terms of this Agreement. 37. SUPERANNUATION 37.1 The subject of superannuation is dealt with extensively by federal legislation which prescribes the obligations and entitlements regarding superannuation. This clause is ancillary to and supplements those provisions. 37.2 The Employer shall process superannuation contributions monthly to the Employees Superannuation Fund. (a) (b) (c) (a) (b) (c)Page 35 of 204 37.3 Absence from work Paid leave (i) Subject to the rules of the relevant superannuation fund of which the Employee is a member, superannuation contributions shall continue whilst a member of the fund is absent on paid leave such as annual leave, paid parental leave, long service leave, public holidays, jury service, personal/carers leave and compassionate leave. Unpaid leave (i) Superannuation contributions shall not be required to be made in respect of any absence from work without pay except where provided under subclause 37.3(d). Work related injury and illness (i) Subject to the rules of the relevant superannuation fund of which the Employee is a member, superannuation contributions shall continue whilst a member of the fund is absent due to a work related injury or illness provided that the Employee is receiving workers compensation payments or is receiving regular payments directly from the Employer in accordance with the statutory requirements; and the Employee is receiving accident make-up pay in accordance with the Accident Make-Up Pay clause 38. Superannuation during parental leave The Employer will make superannuation contributions while an Employee is on Employer paid parental leave and Government paid parental leave. Contributions will be calculated as follows: (i) For periods of Employer paid parental leave, the Employee's ordinary time earnings as defined in the Superannuation Guarantee (Administration) Act 1992 (Cth) calculated on the Employee's pre salary packaging earnings and any additional amounts consistent with the trust deed of the superannuation fund over 26 full pay periods immediately prior to commencing parental leave and divided by 52 (Weekly Parental Leave Super Contribution); (ii) For periods of Government paid parental leave, Superannuation will be calculated according to the minimum wage; (iii) The Weekly Parental Leave Super Contribution will be paid during each week of Parental Leave save that: A. the Employee will receive a pro rata payment for a period less than one (1) week; and B. where, during a period of Employer paid parental leave, the Employee's rate of pay increases under clause 31, the Employee's pre salary packaging earnings as calculated above will be increased accordingly from the relevant date and superannuation paid on the increased amount. (a) (b) (c) (d) (a) (b) (c) (d)Page 36 of 204 38. ACCIDENT PAY 38.1 An Employer shall be required to pay, and an Employee shall be entitled to receive, accident pay in accordance with this clause 38. 38.2 Definitions For the purposes of this clause, the following definitions shall apply: (i) WIRC Act means Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), or if applicable in the particular situation the Accident Compensation Act 1985 (Vic) or the Workers Compensation Act 1958 (Vic).’ (ii) Injury means any physical or mental injury within the meaning of the WIRC Act, and no injury shall give rise to an entitlement to accident pay under this clause unless an entitlement exists under the Act. 38.3 Accident Pay – Total Incapacity Where an Employee is, or is determined to be, totally incapacitated within the meaning of the WIRC Act, the term accident pay means a weekly payment of an amount representing the difference between: (i) the total amount of compensation, including allowances, paid to the Employee during the period of incapacity under the WIRC Act for the week; and (ii) the total weekly wage rate, as varied from time to time, and any over Agreement payment being paid to the Employee at the date of the injury and which would have been payable for the Employee's classification for the week in question if they had been performing their normal duties, provided that - in making such calculation any payment for overtime earnings, shift premiums, penalty rates and any ancillary payment payable by the Employer shall not be taken into account. 38.4 Accident Pay - Partial incapacity Where an Employee is partially incapacitated within the meaning of the WIRC Act, the term accident pay means a weekly payment of amount representing the difference between: (i) the total amount of compensation paid to the Employee during the period of incapacity under the WIRC Act for the week together with the average weekly amount they are earning. (ii) the total weekly wage rate, as varied from time to time, and any weekly over Agreement payment being paid to the Employee at the date of the injury and which would have been payable for the Employee's classification for the week in question if they had been performing their normal duties, provided that - in making such calculation any payment for overtime earnings, shift premiums, penalty rates and any other ancillary payment payable by the Employer shall not be taken into account. (a) (a) (a) (a) (a) (a)Page 37 of 204 38.5 Payment for part of a week Where an Employee is incapacitated, either totally or partially, for part of a week, such an Employee shall receive pro rata accident pay for that part of the week. 38.6 Qualifications for payment Subject to the terms of this clause, an Employee covered by this Agreement shall, upon receiving payment of weekly compensation and continuing to receive such payment for incapacity under the WIRC Act, be paid accident pay by their Employer who is liable to pay compensation under the WIRC Act, which liability may be discharged by another person on behalf of the Employer, provided that: (i) Accident pay shall not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to clause 38.6(b) and to the maximum period of payment prescribed elsewhere herein, accident pay shall apply only to the period of incapacity after the first two weeks. (ii) Accident pay shall only be payable to an Employee whilst that Employee remains in the employment of the Employer by whom they were employed at the time of the incapacity and then only for such period as they received a weekly payment under the WIRC Act. Provided that if an Employee who is partially incapacitated cannot obtain suitable employment from their Employer but such alternative employment is available with another Employer then the relevant amount of accident pay shall still be payable. (iii) Provided further that in the case of the termination by an Employer of an Employee who is incapacitated and receiving accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where the termination is due to serious and/or wilful misconduct on the part of the Employee. (iv) In order to qualify for the continuance of accident pay on termination an Employee shall if required provide evidence to the Employer of the continuing payment of weekly payments of compensation. Subject to this clause, accident pay shall not apply in respect of any injury during the first five normal working days of incapacity. In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, such injuries or diseases shall not be subject to accident pay unless the Employee has been employed with the Employer at the time of the incapacity for a minimum period of one month. On engagement, an Employee may be required to declare all workers compensation and/or accident claims made under the WIRC Act in the previous five years and in the event of defaults or inaccurate information being deliberately and knowingly declared the Employer may require the Employee to forfeit their entitlement to accident pay under this Agreement. 38.7 Maximum period of payment (a) (a) (b) (c) (d) (a) (a) (b) (c) (d)Page 38 of 204 The maximum period or aggregate period of accident pay to be made by the Employer shall be a total of 26 weeks for any one injury as defined in clause 38.2(a)(ii) hereof, provided that in respect of an Employee receiving or entitled to receive accident pay on or after 1 January 1981, the maximum period or aggregate of periods shall be a total of 39 weeks for any one injury as defined. Notwithstanding 38.7(a) above, the maximum period or aggregate periods of accident pay to be made by the Employer to Employees classified under Schedule D shall be a total of 39 weeks for any one injury, as defined. 38.8 Absences on other than paid leave An Employee shall not be entitled to the payment of accident pay in respect of any period of paid annual leave, or long service leave or for any paid public holiday in accordance with the appropriate award provisions. 38.9 Notice of injury Following an injury for which they claim to be entitled to receive accident pay, an Employee shall give notice in writing of the injury to their Employer as soon as reasonably practicable after the occurrence thereof, provided that such notice may be given by a representative of the Employee. 38.10 Medical examination In order to receive an entitlement to accident pay an Employee shall meet the requirements of the Act for attending medical examinations. Where, in accordance with the WIRC Act, a medical referee gives a certificate as to the condition of the Employee and their fitness for work or specifies work for which the Employee is fit and such work is made available by the Employer, and is refused by the Employee or the Employee fails to commence the work, accident pay shall cease from the date of such refusal or failure to commence the work. 38.11 Cessation or redemption of weekly payments Where there is a cessation or redemption of weekly compensation payments under the WIRC Act, the Employer’s liability to pay accident pay shall cease as from the date of such cessation or redemption. 38.12 Civil damages An Employee receiving or who has received accident pay shall advise their Employer of any action they may institute or any claim they make for damages. Further, the Employee shall, if requested, provide an authority to the Employer entitling the Employer to a charge upon any money payable pursuant to any judgement or settlement on that injury. Where an Employee obtains a judgement or settlement for damages in respect of an injury for which they have received accident pay the Employers liability to pay accident pay shall cease from the date of such judgement or settlement, provided that if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the Employer, the Employee shall pay (a) (b) (a) (a) (a) (b) (a) (a) (b) (a) (b) (a) (a) (a) (b) (a) (a) (b)Page 39 of 204 to the Employer any amount of accident pay already received in respect of that injury by which the judgement or settlement has not been so reduced. Where an Employee obtains a judgement or settlement for damages against a person other than the Employer in respect of an injury for which the Employee has received accident pay, the Employers liability to pay accident pay shall cease from the date of such judgement or settlement, provided that if the judgement or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the Employer, the Employee shall pay to the Employer any amount of accident pay already received in respect of that injury by which the judgement or settlement has not been so reduced. 38.13 Insurance against liability Nothing in this Agreement shall require an Employer to insure against liability for accident pay. 38.14 Variations in compensation rates Any changes in compensation rates under the WIRC Act shall not increase the amount of accident pay above the amount that would have been payable had the rates of compensation remained unchanged. 38.15 Death of an Employee All rights to accident pay shall cease on the death of an Employee. 38.16 Commencement This clause shall only apply in respect of incapacity arising from any injury occurring or recurring on or after 3 March 1975. 39. STAFF APPRAISAL 39.1 Where a system of staff appraisal does not currently exist at a workplace, the Employer may implement a performance appraisal process and the Employees will participate in that process. (c} (a} (a} (a} (a} (c) (a) (a) (a) (a)Page 40 of 204 PART 5 – ALLOWANCES AND REIMBURSEMENTS 40. CHILD CARE REIMBURSEMENT 40.1 Where Employees are required by the Employer to work outside their ordinary rostered hours of work and where less than 24 hours notice of the requirement to perform such overtime work has been given by the Employer, other than recall when rostered on-call, the Employee shall be reimbursed for reasonable childcare expenses incurred. 40.2 Evidence of expenditure incurred by the Employee must be provided to the Employer as soon as practicable after the working of such overtime. 41. SHIFT WORK 41.1 Employees who perform shift work shall be entitled to payment of the shift allowances applying to their classification under the following provisions of this clause. 41.2 The weekly base rate of pay for the calculation of shift allowances for Employees classified under Schedule B is the “Grade 1”, pursuant to clause 1 of Schedule G. 41.3 The weekly base rate of pay for the calculation of shift allowances for Employees classified under Schedule C and Schedule D is the “Patient Services Assistant Level 2”, pursuant to clause 2 of Schedule G. 41.4 The weekly base rate of pay for the calculation of shift allowances for Employees classified under Schedule E is the “Graduate Level”, pursuant to clause 4 of Schedule G. 41.5 The weekly base rate of pay for the calculation of shift allowances for Employees classified under Schedule F will be based on the weekly rate of pay for the Employee, pursuant to clause 5 of Schedule G. 41.6 Morning and Afternoon Shift Allowances An Employee classified under Schedule B whose rostered hours of ordinary duty finish between 6:00pm and 8:00am, or commence between 6:00pm and 6:30am shall be paid an amount equal to 2.0% of the relevant base rate per rostered period of duty. An Employee classified under Schedule C, Schedule D or Schedule E whose rostered hours of ordinary duty finish between 6.00pm and 8.00am, or commence between 6.00pm and 6.30am, shall be paid an amount equal to 2.5% of the relevant base rate per rostered period of duty. An Employee classified under Schedule F whose rostered hours of ordinary duty finish between 7.00 pm and 12.00am Monday to Friday, shall be paid an amount equal to 12.5% of the Employee’s ordinary rate of pay for actual hours worked. 41.7 Night Shift Allowance An Employee (except an Employee classified under Schedule F) working on any rostered hours of ordinary duty finishing on the day after commencing duty or commencing after midnight and before 5.00am shall be paid for any such periods of duty an amount equal to 4% of the relevant base rate. (a) (b) (c) (a) (a) (b) (c) (a)Page 41 of 204 An Employee classified under Schedule F whose rostered hours of ordinary duty commence before 6am, or finish after 12.00am, Monday to Friday, shall be paid an amount equal to 15% of the Employee’s ordinary rate of pay for actual hours worked. 41.8 Permanent Night Shift Allowance Provided further that in the case of an Employee, other than an Employee classified under Schedule F, permanently working on any rostered hours of ordinary duty finishing on the day after commencing duty or commencing after midnight and before 5.00am shall be paid for any such period of duty an amount equal to 5% of the relevant base rate. Permanently working shall mean working for any period in excess of four consecutive weeks. 41.9 Change of Shift Allowance – Management and Administrative Officers and Dental Assistants Provided further that in the case of an Employee classified under Schedule B or Schedule D who changes from working on one shift to working on another shift, the time of commencement of which differs by four hours or more than from that of the first, shall be paid a change of shift allowance equal to 4% of the relevant weekly base rate on the occasion of each such change in addition to any amount payable under the preceding provisions of this clause. Notwithstanding the provisions of 41.9(a) above, the change of shift allowance is not payable where the Employer agrees to a request in writing made on behalf of one or more Employees for changes in shifts. Change of shift allowance is not payable where a single Employee holds two contemporaneous different contracted positions with the same Employer and moving between those positions results in a change of shift pattern which would ordinarily invoke a change of shift allowance payment. 41.10 Change of Shift Allowance – Health and Allied Services Employees Provided further that a change of shift allowance equal to 4% of the weekly base rate for “Patient Services Assistant Level 2” is payable to Employees classified under Schedule C on the occasion of each change of shift in the following circumstances: (i) Where an Employee’s roster is fixed in advance by the Employer, the change of shift allowance is payable whenever an Employee changes from working on one shift to working on another shift the time of commencement of which differs by four hours or more from that of the first. (A) Notwithstanding the provisions of sub-clause 41.10(a)(i), the change of shift allowance is not payable where an Employee chooses and works additional shifts from a supplementary roster or other document that details vacant shifts within a seven day period. (B) Notwithstanding the provisions of sub-clause 41.10(a)(i), the change of shift allowance is not payable where the absence of four or more (b) (a) (a) (b) (c) (a) (b) (a) (a) (b) (c) (a)Page 42 of 204 weeks of continuous approved leave intervenes between the relevant shifts. (C) Notwithstanding the provisions of sub-clause 41.10(a)(i), the change of shift allowance is not payable where one or more Employees swap shifts between themselves on an ad hoc basis, and the swap(s) is approved by the Employer in writing. (D) Change of shift allowance is not payable where a single Employee holds two contemporaneous contracted positions and moving between those positions results in a change of shift pattern which would ordinarily invoke a change of shift allowance payment. (ii) Where a department has established a self-rostering system, and an Employee chooses their own shifts from a genuine choice of shifts, the Employee will receive a fixed payment of two (2) change of shift allowances per pay period (fortnight) and sub-clause 41.10(a)(i) shall not apply. This clause does not apply where an Employee chooses their own shifts from a genuine choice of shifts and the shifts chosen by the Employee do not involve a change of shift as defined by sub-clause 41.10(a)(i). (iii) An Employee employed in the public sector as of 11 June, 2002, who receives change of shift allowances per pay period (fortnight) on the basis of an historical agreement that exceeds the entitlement arising from these provisions, such Employee shall be maintained at that entitlement for the duration of this agreement. (iv) Where an Employer and the majority of Employees in a department genuinely desire an alternative system to the above, the Employer is to contact the Union and any agreement reached shall be determined in accordance with the facilitative provisions. 41.11 The Employer is required to pay the shift allowances set out in the rates tables in Schedule G as they apply to health and allied services Employees. 42. MEAL ALLOWANCES 42.1 Where an Employee is required to work overtime Monday to Friday (inclusive) for more than one hour after the usual finish time, or in the case of shift workers when the overtime work on any shift exceeds one hour, or on a Saturday/Sunday for more than 5 hours, the Employer shall either supply the Employee with an adequate meal or pay a meal allowance. 42.2 Where such overtime exceeds 4 hours Monday to Friday (inclusive), or 9 hours on a Saturday/Sunday, the Employer shall either supply the Employee with a further adequate meal or pay a further meal allowance. 42.3 When an Employee is recalled to duty outside of usual working hours for a period in excess of two hours the Employee shall be paid a meal allowance. 42.4 The provisions of clauses 42.1 and 42.2 shall not apply where the Employee could reasonably return home for a meal within the period allowed.Page 43 of 204 42.5 The meal allowances payable over the life of this Agreement are set out in Schedule G. 42.6 Claims for payment of an overtime meal allowance will be processed in the next ordinary pay. 43. HIGHER DUTIES 43.1 Employees, who are engaged in duties that carry a higher rate of pay than the Employee’s ordinary classification, shall be entitled to payment of higher duties in accordance with the provisions of this clause. 43.2 Management and Administrative Officers and Social and Community Services Employees Employees classified under Schedule B and Schedule F who are required to assume the duties of an Employee on a higher classification for a period of five consecutive working days or more shall be paid not less than the minimum rate for the classification of the Employee being relieved, for the period of higher duties. 43.3 Health and Allied Services Employees Employees classified under Schedule C who are engaged for more than one hour in duties carrying a higher rate than their ordinary classification, shall be paid the higher rate of pay for the full day or shift. If such Employee is engaged in higher duties for one hour or less, they are only entitled to payment at the higher rate for the time actually worked. 43.4 Dental Assistants Employees classified under Schedule D who are temporarily appointed, in writing by the Employer, to a higher classification shall receive the higher salary for the period specified in the written appointment. 44. UNIFORMS AND PROTECTIVE CLOTHING 44.1 Where an Employee is required to wear a uniform or any special clothing, the Employer will supply such uniform at no cost to the Employee and will replace it where necessary on a fair ‘wear and tear’ basis. 44.2 Employees classified under Schedule C shall be paid a uniform allowance in accordance with clause 6 of Schedule G for purchasing uniform and special clothing, where they are not provided by the Employer under clause 44.1. The uniform allowance is payable for all absences on paid leave, other than absences on long service leave and sick leave beyond 21 days. Where, prior to the taking of leave, an Employee was paid a uniform allowance other than at the weekly rate, the rate payable is the average of the allowance paid during the four weeks immediately preceding the taking of leave. 44.3 Uniforms and special clothing provided in accordance with clauses 44.1 and 44.2 shall remain the property of the Employer. 44.4 Where Employees classified under Schedule C , Schedule D or Schedule F are responsible for laundering uniforms and special clothing, the Employer shall pay the laundry (a) (a) (a) (a) (a) (a)Page 44 of 204 allowances set out in clause 6 of the rates table in Schedule G. The Employee will be paid a laundry allowance per day or part thereof on duty, or an allowance per week, whichever is the lesser amount. The laundry allowance is not payable for absences of any kind. 44.5 The Employer shall provide such gloves, masks, protective clothing and safety appliances as are required for an Employee to properly and safely perform their job function. Where due to unforeseen circumstances, the Employee is required to purchase such clothing and equipment, they shall be reimbursed in full by the Employer. 45. REIMBUSEMENT OF TELEPHONE AND OTHER EXPENSES 45.1 Where the Employer requires an Employee to purchase, install or maintain a telephone, whether it be a land-line or a mobile phone, for on call or other purposes, the Employer will reimburse the purchase or installation costs and the subsequent rental charges or mobile phone charges on production of receipted accounts by the Employee. 45.2 An Employee will be reimbursed incurred out of pocket expenses which are authorised in accordance with the Merri Health staff expenses policy (however titled); including approved meal, accommodation and travel expenses actually and necessary incurred in the course of their authorised duties.Page 45 of 204 PART 6 – WORKING HOURS AND RELATED MATTERS 46. HOURS OF WORK 46.1 The ordinary hours of work for a full-time Employee will be 38 hours or an average of 38 hours per week worked: In a one-week period – 38 hours In a two-week period – 76 hours in a four-week period – 152 hours or in another format by mutual agreement. 46.2 For the purposes of clause 46.1, the ordinary hours an Employee works in a week are taken to include any hours of authorised leave, or absence, whether paid or unpaid, that the Employee takes in a week. 46.3 The working week shall commence at midnight on a Sunday. 46.4 Notwithstanding any authorised meal breaks or rest breaks, the work of each day/shift shall be continuous. 46.5 Management and Administrative Officers For Employees classified under Schedule B, the ordinary hours of work shall be worked either: (i) in 5 days of shifts of not more than 8 hours each; or (ii) by mutual agreement: (A) in weeks of four days in shifts of not more than 10 hours each; or (B) in some other averaging arrangement, provided that the length of any ordinary day does not exceed ten hours, and that not more than 50 ordinary hours is worked in any one week. 46.6 Health and Allied Services Employees and Dental Assistants For Employees classified under Schedule C and Schedule D, the hours for an ordinary weeks work shall be 38 or be an average of 38 per week in a fortnight, or in a four week period or by mutual agreement, in a five week period in the case of an Employee working ten hour shifts and shall be worked either: (i) in 5 days in shifts of not more than 8 hours each; or (ii) in a fortnight of 76 hours in 10 shifts of not more than 8 hours each; or (iii) in a four-week period of 152 hours in 19 shifts of not more than 8 hours each; or (iv) by mutual agreement: (A) in weeks of four days in shifts of not more than 10 hours each; or (B) in a fortnight of 76 hours in eight shifts of not more than ten hours each. (a) (b) (c) (d) (a) (a) (a) (b) (c) (d) (a) (a)Page 46 of 204 Any Employee required to work more than six consecutive periods of duty without 24 hours off duty shall be paid for the seventh and any further consecutive period of ordinary duty worked at the rate of triple time until they have been given 24 hours off duty. 46.7 Social and Community Services For Employees classified under Schedule F, the hours for an ordinary week’s work shall be 38 or an average of 38 hours per week and will be worked either: (i) in a week of five days in shifts not exceeding eight hours each; or (ii) in a fortnight of 76 hours in ten shifts not exceeding eight hours each; or (iii) in a four week period of 152 hours to be worked as nineteen shifts each of eight hours, subject to practicability; or (iv) by mutual agreement: A. in a week of four days in shifts not exceeding ten hours; or B. in a fortnight of 76 hours in eight shifts not exceeding ten hours each. 47. ACCRUED DAYS OFF 47.1 Where the system of working provides for accrued days off, a full-time Employees shall work an additional 0.4 hours per day, or 2 hours per week, to facilitate one accrued day off (ADO) after every 4 weeks of service. 47.2 The maximum ADOs shall be 13 in any calendar year, provided that one (1) ADO shall be taken in conjunction with a period of annual leave, for which no additional payment is to be made. 47.3 For Employees classified under this Agreement: accrued days off are to be taken as single days on a rostered basis (i.e. 1 ADO in each 28-day cycle), as agreed between the Employer and Employee; provided that the Employer and Employee may mutually agree to accrue up to 3 ADOs where the Employee wishes to take consecutives days of leave. 47.4 Excessive ADO Accrual Where the Employee has more than 3 ADOs accrued, the Employer may direct an Employee to take leave in order to reduce the ADO accrual. 48. WEEKEND WORK 48.1 Ordinary entitlement for Social and Community Services Employees All rostered time of ordinary duty performed between midnight on Friday and Midnight on Saturday shall be paid for at the rate of time and one half. All rostered time of ordinary duty performed between midnight on Saturday and Midnight on Sunday shall be paid for at the rate of double time. (b) (a) (a) (b) (a) (b) (b) (a) (a) (b) (a) (b)Page 47 of 204 48.2 Ordinary entitlement for all other Employees (excluding Social and Community Services Employees) All rostered time of ordinary duty performed between midnight on Friday and Midnight on Sunday shall be paid for at the rate of time and one half. 48.3 Management and Administrative Officers Where an Employee is required to carry out duties on a Saturday or Sunday in excess of the weeks work, such duties will be paid for at the rate of double time. 48.4 Health and Allied Services Employees and Dental Assistants For Employees classified under Schedule C and Schedule D, where the Saturday or Sunday work involves: (i) work in excess of the prescribed rostered hours, such work will be paid for at the rate of double time; and (ii) work performed by a worker of broken shifts outside a spread of nine (9) hours from the time of commencing work shall be paid for at the rate of time and three-quarters; and (iii) work performed by a worker of broken shifts outside a spread of twelve (12) hours from the time of commencing work shall be paid for at the rate of double time. 48.5 Social and Community Services Employees For Employees classified under Schedule F, they will be paid the following payments for all work done in addition to their rostered ordinary hours: (i) For all authorised overtime on a Saturday, payment will be made at the rate of time and a half for the first two hours and double time thereafter; (ii) for all authorised overtime on a Sunday, payment will be made at the rate of double time; (iii) for all authorised overtime on a Public Holiday, payment will be made at the rate of double time and a half; (iv) work performed by a worker of broken shifts outside a spread of nine (10) hours from the time of commencing work shall be paid for at the rate of time and a half; and (v) work performed by a worker of broken shifts outside a spread of twelve (12) hours from the time of commencing work shall be paid for at the rate of double time. 48.6 The weekend overtime rates payable under subclause 48.3, 48.4 and 48.5 will be in substitution for and not cumulative upon the shift premiums prescribed in clause 41—Shift Work, clause 48 – Weekend Work, or clause 51 – Overtime, and are not applicable to ordinary hours worked on a Saturday or Sunday. (a) (a) (a) (a) (a) (a)Page 48 of 204 49. SUMMER TIME (DAYLIGHT SAVINGS) 49.1 When summer time is introduced through legislation, and is prescribed as being in advance of the standard time, the length of any shift: commencing before the time prescribed pursuant to the relevant legislation for the commencement of a summer time period; and commencing on or before the time prescribed pursuant to the relevant legislation for the termination of a summer time period; 49.2 shall be the number of hours which are the difference between the times recorded by the clock at the beginning and end of the shift. 49.3 The expressions standard time and summer time are defined within the Summer Time Act 1972, as amended or as substituted. 50. REASONABLE ADDITIONAL HOURS 50.1 Subject to clause 50.2, an Employer may require an Employee to work reasonable additional hours at the appropriate overtime rate as defined in clause 51 (Overtime) of this Agreement. 50.2 An Employee may refuse to work overtime in circumstances where the working of such overtime would result in the Employee working hours which are unreasonable having regard to: any risk to Employee health and safety arising from the additional hours; the Employee's personal circumstances, including family responsibilities; the needs of the workplace or enterprise in which the Employee is employed; whether the Employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours the notice (if any) given by the Employer of the overtime and by the Employee of their intention to refuse it; the usual patterns of work in the industry, or the part of the industry, in which the Employee works; the nature of the Employee’s role, and the Employee’s level of responsibility; whether the additional hours are in accordance with an averaging arrangement agreed to by the Employer and Employee under clause 46 (Hours of Work); and any other relevant matter. 51. OVERTIME 51.1 Where an Employee, subject to clause 21.7(c) (for part time Employees), is required to work reasonable additional hours, they shall be entitled to payment of overtime in accordance with the provisions of this clause. 51.2 Only authorised overtime shall be paid for and the following rates of overtime shall apply: (a) (b) (a) (b) (c) (d) (e) (f) (g) (h) ( i) (a) (b) (a) (b) (c) (d) (e) (f) (g) (h) (i)Page 49 of 204 Management and Administrative Officers Employees classified under Schedule B shall be paid at the rate of: (i) time and one half for the first two hours and double time thereafter for hours worked in excess of the ordinary agreed hours on a particular day; and (ii) double time for all overtime worked outside a spread of twelve hours after commencing ordinary duty. All other Employees (excluding Management and Administrative Officers) Employees classified under Schedule C, D, E and F shall be paid at the rate of: (i) time and one half for the first two hours and double time thereafter for hours worked in excess of the number of hours fixed as a day’s, week’s or a fortnight’s work, as the case may be; (ii) double time for overtime outside a spread of 12 hours from the commencement of the last previous rostered period of duty, provided that the overtime is not continuous with the next succeeding period of duty; (iii) time and one half for overtime outside a spread of 9 hours from the time of commencing work by an Employee rostered to work broken shifts; and (iv) double time for overtime outside a spread of 12 hours from the time of commencing work by an Employee rostered to work broken shifts. Health and Allied Services Employees, Dental Assistants and Social and Community Services Employees (i) In the case of Employees classified under Schedule C, Schedule D and Schedule F, overtime shall be so arranged that, where reasonably practicable, the Employee who performs overtime shall have 10 consecutive hours off duty between the work of successive periods of duty. (ii) In addition to 51.2(c)(i) above, an Employee, other than a casual, who works so much overtime between the end of their agreed ordinary hours of duty and the start of their next succeeding period of duty that they would not have a 10-hour break between those times, shall be released after completion of such overtime worked until they have had a 10-hour break, without loss of pay for ordinary hours occurring during such absence. (iii) If on the instructions of the Employer such an Employee resumes or continues work without having had ten consecutive hours off duty the Employee shall be paid at the rate of double time until the Employee is released from duty for such rest period and the Employee shall then be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for rostered ordinary hours occurring during such absence. (iv) In the event of any Employee finishing any period of overtime at a time when reasonable means of transport are not available for the Employee to return to their place of residence the Employer shall provide adequate transport free of cost to the Employee. (a ) (b) (c) (a) (b) (c)Page 50 of 204 (v) For the purposes of this clause, in accruing or calculating payment of overtime, each period of overtime shall stand alone. 51.3 Casual Overtime In the case of a casual Employee, overtime will be payable where: (i) They work in excess of 10 hours per shift; and/or (ii) works in excess of 38 hours per week or 76 hours in a fortnight. A casual Employee who works overtime shall be paid the following rates: (i) Monday to Saturday—187.5% of the minimum hourly rate for the first 2 hours and 250% of the minimum hourly rate after 2 hours (ii) Sunday—250% of the minimum hourly rate; and (iii) Public Holidays—312.5% of the minimum hourly rate. 51.4 The Overtime rates payable under this clause 51 will be in substitution for and not cumulative upon the shift premiums prescribed in clause 41—Shift Work, clause 22.2 and 22.3 – Casual Loading, or clause 48- Weekend Work, and are not applicable to ordinary hours worked on a Saturday or Sunday. 52. OVERTIME IN LIEU 52.1 An Employee may elect, with the consent of the Employer, to take time off in lieu of payment for overtime at a time or times agreed with the Employer. 52.2 Overtime taken as time off during ordinary time hours shall be taken at the penalty time rate. That is, one and one half hours off or two hours off, as the case may be, for each overtime hour worked. 52.3 An Employer shall provide payment at the appropriate overtime rate where time off in lieu has not been taken within: four (4) weeks of accrual, for Employees classified under Schedule B, Schedule C and Schedule F; eight (8) weeks of accrual, for Employees classified under Schedule D. 52.4 Any unpaid Overtime In Lieu shall be paid out upon termination of employment. 52.5 For the purposes of this clause, in accruing or calculating payment of overtime, each period of overtime shall stand alone. 53. ON CALL / RECALL 53.1 The Employer shall pay an on call allowance to Employees who are required to be on call. 53.2 Management and Administrative Officers The on call allowances in clause 6 of Schedule G shall be paid to an Employee classified under Schedule B as follows: (i) the On Call Allowance – Monday to Friday shall be paid in respect of any 24 hour period or part thereof during which an Employee is on call during the (a) (b) (a) (b) (a) (a) (b) (a) (b) (a)Page 51 of 204 period commencing from the time of finishing ordinary duty on Monday through until the termination of ordinary duty on Friday; and (ii) the On Call Allowance – Public Holidays and All other Times shall be paid in respect of any other 24 hour period, or part thereof, or any public holiday, or part thereof. (iii) Where an Employee is recalled to duty during an off-duty period they shall be paid a minimum of three (3) hours at the appropriate rate. (iv) When recall work is necessary, it should be so arranged that Employees have at least 8 hours off duty between midnight and the commencement of the next period of ordinary duty. (v) An Employee, other than a casual, who works so much overtime between the termination of their previous rostered shift an the commencement of their next rostered shift, that they would not have a 8-hour break shall be released after completion of such recall worked until they have had a 8-hour break. The Employee shall not suffer any loss of pay for rostered ordinary hours occurring during such absence. (vi) If, on the instructions of the Employer, an Employee resumes or continues work without having had an 8-hour break in accordance with 53.2(a)(v), they shall be paid at the rate of double time until they are released from duty for such rest period. The Employee shall then be entitled to be absent until they have had an 8-hour break. The Employee shall not suffer any loss of pay for rostered ordinary hours occurring during such absence. 53.3 Health and Allied Services Employees and Dental Assistants The on call allowances in clause 6 of Schedule G shall be paid to Employees classified under Schedule C and Schedule D as follows: (i) Employees who are required to be on call, or who return to duty when off duty, shall be paid an on call allowance in addition to any other amount payable, per twelve hours or part thereof. (ii) Any period of overtime involving a recall to duty during an off duty period, and which is not continuous with the next succeeding rostered period of duty, shall be paid at a minimum of three hours at the appropriate overtime rate. (iii) When recall work is necessary, it should be so arranged that Employees have at least 10 hours off duty between successive shifts. (iv) An Employee, other than a casual, who works so much overtime between the termination of their previous rostered shift and the commencement of their next rostered shift, that they would not have a 10-hour break shall be released after completion of such recall worked until they have had a 10- hour break. The Employee shall not suffer any loss of pay for rostered ordinary hours occurring during such absence. (a) (a)Page 52 of 204 (v) If, on the instructions of the Employer, an Employee resumes or continues work without having had a 10-hour break in accordance with 53.3(a)(iv), they shall be paid at the rate of double time until they are released from duty for such rest period. The Employee shall then be entitled to be absent until they have had a 10-hour break. The Employee shall not suffer any loss of pay for rostered ordinary hours occurring during such absence. (vi) Where an Employee finishes a period of overtime at a time when reasonable means of transport are not available for them to return to their place of residence, the Employer shall provide adequate transport free of charge. 53.4 Social and Community Services Employees The on-call allowances in clause 6 of Schedule G shall be paid to an Employee classified under Schedule F as follows: (i) An Employee who is required to be on call shall be paid an on-call allowance per 24-hour period or part thereof. (ii) Employees shall receive a higher on-call allowance (as set out in Clause 6 of Schedule G) in respect of any 24-hour period or part thereof which falls on a Saturday, Sunday of public holiday. (iii) In the event of an Employee who is on-call being recalled to duty for any period during an off duty period such Employee shall be paid from the time of receiving recall until the time of finishing such recall duty with a minimum of one hour’s payment for such recall at the following rates: A. Within a spread of twelve hours from the commencement of the last previous period of ordinary duty - time and a half; B. Outside a spread of twelve hours from the commencement of the last previous period of ordinary duty - double time; C. On days observed as public holidays - double time and a half. (iv) Provided that if the Employee who is on-call is recalled and does not have an uninterrupted break of six hours between midnight and the time of commencement the next period of ordinary duty the Employee shall be entitled to six hours’ time off from the time of finishing the last recall and the time of commencing their next period of ordinary duty without loss of pay. 53.5 The on-call allowances applicable to Employees classified under Schedule C and Schedule D are calculated at the rate of 2.5% of the “Patient Services Assistant Level 2” weekly rate of pay pursuant to clause 6 of Schedule G. (a) (a)Page 53 of 204 54. REST BREAKS 54.1 Employees shall be entitled to a 10-minute rest break in each four hours worked, or part thereof being greater than one hour. 54.2 Rest breaks shall be taken at a time suitable to the Employer and shall be counted as time worked. 55. MEAL BREAKS 55.1 An Employee shall not be required to work more than 5 hours continuously without a meal interval of not less than 30 minutes and not more than 60 minutes. 55.2 In the case of Employees classified under Schedule D, the usual meal break shall be 45 minutes after 5 hours of continuous work. 55.3 Meal breaks shall not be regarded as time worked. 55.4 Notwithstanding the provisions of clause 55.3, an Employee classified under Schedule F: Who is interrupted during a meal break by a call to duty, the extent of the interruption will be counted as time worked and the employee will be allowed to continue the meal break as soon as practicable. If it is impracticable for the employee to complete the meal break during the remainder of the ordinary working hours, the employee will receive the appropriate overtime pay for the time worked. Who is required by the Employer to have a meal with a client or clients as part of the normal work routine or client programme, the Employee will be paid for the duration of the meal period at the ordinary rate of pay, including shift penalty. 55.5 Night Duty Employees classified under Schedule C who are not relieved from night duty (and on call) during the rostered meal break shall be granted a meal break of not less than 20 minutes, to be commenced after completing three hours and not more than five hours of duty. Such meal break will be counted as time worked. The arrangement in 55.5(a)may also be adopted in any case where there is mutual agreement between the Employer and Employee. (a) (b) (a) (b) (a) (b) (a) (b)Page 54 of 204 PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 56. PUBLIC HOLIDAYS 56.1 Entitlement to be absent on a public holiday An Employee is entitled to be absent from their employment on a day or part-day that is a public holiday in the place where the Employee is based for work purposes. However, an Employer may request an Employee to work on a public holiday if the request is reasonable. If an Employer requests an Employee to work on a public holiday, the Employee may refuse the request if: (i) the request is not reasonable; or (ii) the refusal is reasonable. In determining whether a request, or a refusal of a request, to work on a public holiday is reasonable, the following must be taken into account: (i) the nature of the Employer’s workplace or enterprise (including its operational requirements), and the nature of the work performed by the Employee; (ii) the Employee’s personal circumstances, including family responsibilities; (iii) whether the Employee could reasonably expect that the Employer might request work on the public holiday; (iv) whether the Employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, work on the public holiday; (v) the type of employment of the Employee (for example, whether full-time, part-time, casual or shiftwork); (vi) the amount of notice in advance of the public holiday given by the Employer when making the request; (vii) in relation to the refusal of a request – the amount of notice in advance of the public holiday given by the Employee when refusing the request; and (viii) any other relevant matter. 56.2 Meaning of public holiday Employees shall be entitled to the following public holidays: (i) January (New Year’s Day) (ii) 26 January (Australia Day) (iii) Labour Day (iv) Good Friday (v) Easter Saturday (a) (b) (c) (d) (a) (a) (b) (c) (d) (a)Page 55 of 204 (vi) Easter Monday (vii) 25 April (ANZAC Day) (viii) Queen’s Birthday (ix) Melbourne Cup Day (x) 25 December (Christmas Day) (xi) 26 December (Boxing Day) 56.3 Additional Days When Christmas Day falls on a Saturday or Sunday, a holiday in lieu thereof shall be observed on 27 December. When Boxing Day falls on a Saturday or Sunday, a holiday in lieu thereof shall be observed on 28 December When New Year’s Day falls on a Saturday or Sunday a holiday in lieu thereof shall be observed on the next Monday When Australia Day falls on a Saturday or Sunday a holiday in lieu thereof shall be observed on the next Monday 56.4 Where in the State or Locality, public holidays are declared or prescribed on days other than those set out in clauses 56.2 and 56.3 above, those days shall constitute additional holidays for the purposes of this Agreement. 56.5 If an Employee works on the actual public holiday (‘Actual Day’), which falls on a weekend, they will be paid public holiday penalties for the time worked on that day. If the same Employee also works on the additional day (‘Other Day’) they will receive ordinary pay for work performed on the Other Day. 56.6 Substitute Days An Employer and their Employees may agree to substitute another day for any prescribed in this clause. For this purpose the consent of the majority of affected Employees shall constitute agreement. An agreement pursuant to 56.6(a) shall be recorded in writing and be available to every affected Employee. The Union shall be informed of an agreement made in accordance with 56.6(a) and shall have seven days in which to refuse to accept it. The Union will not unreasonably refuse to accept an agreement made under 56.6(a). If the Union refuses to accept an agreement made under 56.6(a), the parties will seek to resolve the matter in accordance with Clause 12 (Dispute Settling Procedures) of this Agreement. 56.7 Payment for work on public holiday Employees classified under Schedule B and Schedule F shall be paid double time and one half for all time worked on a public holiday; or (a) (b) (c) (d) (a) (b) (c) (d) (a) (a) (b) (c) (d) (a) (b) (c) (d) (a)Page 56 of 204 if the Employer and Employee so agree, the Employee may receive ordinary pay for the time so worked plus either: (i) time off equivalent to one and one half times the hours worked – within four weeks of the public holiday; or (ii) one and one half times the hours worked added to the Employee’s annual leave. If the public holiday falls on the Employee’s rostered day off, the Employee shall be entitled to one ordinary day’s pay or, if the Employer and Employer so agree: (i) the Employee may take one day off within four weeks of the public holiday; or (ii) have one day added to the Employee’s annual leave. Employees classified under Schedule C and Schedule D shall be paid double time and one half for all time worked on a public holiday; or If the public holidays falls on the Employee’s rostered day off, the Employee shall be entitled to one and one half times the payment for their ordinary day or, if the Employer and Employee so agree: (i) the Employee may take one day and one half off in lieu within four weeks of the public holiday; or (ii) have one and one half days added to the Employee’s annual leave. Employees classified under Schedule E shall be paid double time and one half for all time worked on a public holiday (inclusive of casual loading). Employees classified under Schedule F who work ordinary hours on a public holiday shall: (i) Be paid a minimum of four hours’ wages at the applicable rate in clause 56.7(a). Payments under this clause 56.7 are non-cumulative and instead of any additional rate for shift or weekend work which would otherwise be payable had the shift not been a public holiday. 56.8 Easter Saturday public holiday An Employee who ordinarily works Monday to Friday only and who does not work on Easter Saturday shall, notwithstanding anything elsewhere in this clause, be entitled to: (i) one day’s pay in respect of Easter Saturday; or (ii) where there is mutual consent, within four weeks following the date on which such holiday occurred, the Employee may take one day off in lieu; or (iii) have one day added to their annual leave. 56.9 Payment for absence on public holiday (b) (c) (d) (e) (f} (g} (h) (a} (b) (c) (d) (e) (f) (g) (h) (a)Page 57 of 204 If an Employee is absent from their employment on a day or part-day that is a public holiday, the Employer must pay the Employee at the Employee’s base rate of pay for the Employee’s ordinary hours of work on the day or part-day. 56.10 Public holidays and Accrued Days Off Where an Employee’s accrued day off falls on a public holiday, another day shall be determined by the Employer to be taken in lieu thereof, within the same 4-week cycle (where practicable). 56.11 Public holidays and part-time Employees Subject to clause 56.11(b), a regular part-time Employee who is not ordinarily required to work on the day on which a public holiday is observed shall not be entitled to payment for such public holiday unless they are required to work on that day. In determining whether a part-time Employee who works a rotating roster is entitled to receive the 'rostered off’ Agreement benefits for a particular public holiday not worked, the Employer shall review the roster pattern of the individual over the preceding six months. If the rosters show that the Employee has worked 50% or more of the days on which a particular public holiday falls, the Employee shall be entitled to receive the ‘rostered off' benefit for that public holiday. 56.12 Substitution of public holidays by agreement The Employer and the Employee may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected Employees shall constitute agreement. An agreement pursuant to the subclause 56.12(a)shall be recorded in writing and be available to every affected Employee. 56.13 Substitution of religious public holidays Subject to the ongoing operational needs of the Employer, an Employee may, with the prior agreement of the Employer, substitute a public holiday as defined in this clause with a nominated religious holiday that is not a defined public holiday. Where a religious holiday is nominated to be a substitute and the Employee works on the defined public holiday they will be paid at ordinary time and will be allowed time off on the nominated religious day without loss of pay. Applications are to be made at least one month in advance of the date on which the nominated religious holiday occurs, and the public holiday being substituted. 56.14 Merri Health Day (Melbourne Cup Eve) Employees who are engaged on a full-time or part-time basis who are ordinarily rostered to work on the Monday immediately prior to Melbourne Cup Day will be provided one (1) day leave without loss of pay. (a) (a) (a) (b) (a) (b) (a) (b) (a) (a) (a) (a) (b) (a) (b) (a) (b) (a)Page 58 of 204 An Employee, other than a casual, who is performs work on Melbourne Cup Eve shall receive time off in lieu equivalent to the hours worked on that day. Time off in lieu must be taken within 4 weeks of accrual. 57. ANNUAL LEAVE 57.1 Basic entitlement An Employee (other than a casual Employee) is entitled to four (4) weeks annual leave for each year of service with the Employer. Part-time Employees shall be entitled to annual leave on a pro rata basis. Where the ordinary hours for a part-time Employee have varied during the period of accrual, the average ordinary hours shall be used to determine the Employee’s annual leave entitlement. An Employee’s annual leave accrues progressively during a year of service according to the Employee’s ordinary hours of work, and accrues from year to year. 57.2 Shiftworker Definition for NES Purposes For the purposes of the National Employment Standards (NES) a shiftworker is an Employee who works for more than four ordinary hours on 10 or more weekends during the year in which their annual leave accrues. 57.3 Weekend Worker Definition For the purposes of this clause, weekend worker means any Employee who in any one year of employment works a portion of their ordinary hours on a weekend. 57.4 Additional Week’s Annual Leave An Employee who is a weekend worker who works for more than four ordinary hours on 10 or more weekends is entitled to an additional week’s annual leave on the same terms and conditions. The provisions of this clause have the same effect and give an Employee an entitlement to annual leave that is the same as the entitlement of the Employee under the National Employment Standards relating to shiftworkers under section 87(1)(b)(ii) of the Fair Work Act 2009. An Employee’s entitlement to annual leave under this clause operates in parallel with the Employee’s NES entitlement, but not so as to give the Employee a double benefit. A weekend worker whose employment is terminated at the end of a period of employment which is less than one year computed from the date of commencement of the employment, or the date upon which the Employee last became entitled to annual leave from the Employer, shall be paid in addition to any other amounts due to the Employee, an amount equal to 1/48th of the Employee’s ordinary pay in respect of that period of employment. 57.5 Youth worker’s additional week’s leave (b) (a) (b) (c) (a) (a) (a) (b) (c) (d) (b) (a) (b) (c) (a) (a) (a) (b) (c) (d)Page 59 of 204 A youth worker who is classified under Schedule F shall be entitled to an additional week of annual leave for each continuous twelve months’ service with an Employer. An Employee entitled to an additional week’s leave in accordance with clause 57.4 is not entitled to accrue an additional week’s leave under this clause 57.5. Note: A Youth Worker is only entitled to a maximum of 5 weeks’ leave. 57.6 Taking of annual leave Annual leave shall be taken at a time or times as agreed between the Employer and Employee. Where an Employee requests a period of annual leave, agreement shall not be unreasonably withheld by the Employer. The Employer will respond to an Employee’s request for a period of annual leave as soon as practicable; having regard to the circumstances surrounding the leave request, including the period within which the leave is sought. Where a public holiday occurs during a period when an Employee is on annual leave, the Employee is taken not to be on annual leave on that public holiday. If the period during which an Employee takes paid annual leave includes a period of any other leave (other than unpaid parental leave) under this Agreement, or a period of absence from employment in accordance with clause 65 (Community Service Leave), the Employee is taken not to be on paid annual leave for the period of that other leave or absence. No Employee classified under Schedule B shall be recalled from annual leave, other than by mutual agreement between the Employer and Employee. The Employer shall reimburse the Employee for any expenses incurred by the Employee as a result of a return to duty from a period of annual leave. Unsatisfied leave arising from a recall to duty shall be fulfilled as soon as possible thereafter, by agreement between the Employer and Employee. The amount of annual leave loading or penalties paid to an Employee in accordance with clause 57.8 in respect of a period of annual leave that is subsequently converted to another type of leave shall be deducted from any future entitlement under 57.8 or payment upon termination of employment, where applicable. To assist Employees in balancing their work and family responsibilities, an Employee may elect, with the consent of the Employer to accrue and carry forward any amount of annual leave for up to two years from the date of entitlement. The Employer and an Employee may agree to defer the payment of annual leave loading in respect of single day annual leave absences until at least five annual leave days are taken by the Employee. The Employer will endeavour for annual leave to be equitably distributed between Employees during peak periods (such as Christmas, Easter, adjoining public holidays, school holidays etc). In doing so, regard will be had in relation to past approved leave during these peak times. 57.7 Payment for annual leave (a) (b) (a) (b) (c) (d) (e) (f) (g) (h) ( i) (a) (b) (a) (b) (c) (d) (e) (f) (g) (h) (i)Page 60 of 204 If an Employee takes a period of paid annual leave, the Employer must pay the Employee their ordinary pay for the period of leave so taken. Ordinary pay, for the purposes of this clause, shall mean remuneration for the Employee’s weekly number of hours during the period of leave taken, calculated at the ordinary time rate of pay pursuant to Schedule G. In the case of Employees classified under Schedule B, the Employer shall pay each Employee in advance before the commencement of a period of annual leave, their ordinary pay for the leave period. If, when the employment of an Employee ends, the Employee has an accrued annual leave entitlement, the Employer must pay the Employee the amount that would have been payable to the Employee had they taken the period of accrued annual leave. 57.8 Annual Leave Loading In addition to the ordinary pay as described in clause 57.7(b), Employees classified under Schedule B and Schedule F shall receive either: (i) Shift work premiums according to the roster or projected roster; (ii) Saturday and Sunday premiums according to the roster or projected roster; or (iii) annual leave loading equal to 17.5% of their wage, for the Employee’s normal weekly hours, calculated at the ordinary time rate of pay, whichever is the higher. In addition to the ordinary pay as described in clause 57.7(b), Employees classified under Schedule C shall receive either: (i) over Agreement payments for ordinary hours of work (where applicable); (ii) shift work premiums, according to the roster or projected roster (where applicable); (iii) Saturday and Sunday premiums, according to the roster or projected roster (where applicable); and (iv) in-charge allowances (where applicable); or (v) annual leave loading equal to 17.5% of their wage, for the Employee’s normal weekly hours, calculated at the ordinary time rate of pay, whichever is the higher. Employees classified under Schedule D are not eligible for payment of annual leave loading in addition to their ordinary pay as described in 57.7(b)as the rates of pay for Dental Assistants in Schedule G are inclusive of annual leave loading. 57.9 Annual leave in advance Annual leave may be taken in advance, by mutual agreement between the Employer and Employee. (a) (b) (c) (d) (a) (b) (c) (a) (a) (b) (c) (d) (a) (b) (c) (a)Page 61 of 204 Where annual leave is taken in advance, a further period of annual leave shall not commence to accrue until after the expiration of the twelve months in which annual leave had been taken before it accrued. Where annual leave has been taken in advance by an Employee and: (i) the employment of the Employee is terminated before the Employee has completed the year of employment in respect of which such annual leave has been taken; and (ii) the sum paid by the Employer to the Employee as ordinary pay for the annual leave so taken exceeds the sum that the Employer is required to pay to the Employee under clause 57.7 and 57.8; then (iii) the Employer shall not be liable to make any payment to the Employee under clause 57.7 or 57.8 and shall be entitled to deduct the amount of such excess from any remuneration payable to the Employee upon termination of employment. 57.10 Cashing out of annual leave Where an Employee has accrued annual leave in excess of four (4) weeks, then by mutual written agreement the Employer may pay the annual leave (and annual leave loading as applicable) in excess of four weeks to the Employee as a one-off cash payment. Superannuation contributions will be paid by the Employer in respect of any period of annual leave to be paid out in accordance with clause 57.10(a). Payments made in accordance with clause 57.10(a) extinguish an Employee's right to access leave or receive further payment for the period of leave paid out. 58. Excessive Leave Management 58.1 General Provisions This clause contains provisions, additional to the NES and Clause 57 – Annual Leave, that deal with the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. An Employee is deemed to have excessive leave accrual where the Employee has accrued: (i) more than 8 weeks’ paid annual leave; or (ii) more than 10 weeks’ paid annual leave for Employees who are entitled to the Additional Week’s Annual Leave at subclause 57.4 or 57.5. If an Employee has an excessive leave accrual, the Employer or the Employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual 58.2 Direction to take Annual Leave (b) (c) (a) (b) (c) (a) (b) (c) (b) (c) (a) (b) (c) (a) (b) (c)Page 62 of 204 Where agreement cannot be reached in accordance with subclause 58.1(c), the Employer may direct the Employee to take some of that accrued annual leave with at least two weeks’ notice provided that: (i) the Employee has first been given a reasonable opportunity to submit a plan to reduce the leave to not less than six (6) weeks within six months, subject to (ii) below; (ii) the Employer will not unreasonably refuse to agree to a leave reduction plan which includes saving leave for an extended vacation within 18 months of the date of agreement to the leave reduction plan. The agreement is to be in writing and signed by both the Employer and the Employee; and (iii) in directing that the Employee take leave the Employee cannot be directed to reduce the accrued leave to less than six (6) weeks. 58.3 Disputes regarding excess annual leave Without limiting the Dispute Resolution Procedure of the Agreement, either an Employee or Employer (or their representative/s) may refer a dispute about the following matters to the Commission: (i) a dispute about whether the Employer or employee has requested a meeting and genuinely tried to reach agreement; (ii) a dispute about whether the Employer has unreasonable refused to agree to a request by the employee to take paid annual leave; and (iii) a dispute about whether a direction to take leave complies with the clause. 59. PURCHASED LEAVE 59.1 Employees (excluding Casuals) may purchase additional annual leave, with the agreement of the Employer. 59.2 For a Full Time Employee the amount of additional leave that may be purchased varies according to the classification of the Employee as follows: Employees may purchase up to 4 weeks additional leave per year and, with the agreement of the Employer, work between 48 and 51 weeks per year. Approval rests with the Employer, who may legitimately take into account operational needs and work requirements. Agreement will not be unreasonably withheld. Where the Employer and Employee agree to a reduction in the number of working weeks, the Employee will receive additional leave as follows: Period worked Additional weeks’ leave Total weeks’ leave 48/52 weeks 4 weeks 8 weeks 49/52 weeks 3 weeks 7 weeks 50/52 weeks 2 weeks 6 weeks 51/52 weeks 1 weeks 5 weeks (a) (a) (a) (b) (a) a (a)Page 63 of 204 59.3 Where an Employee applies for additional leave pursuant to this clause the Employer shall respond to such application within four (4) weeks. 59.4 Where the Employer and Employee agree to a reduction in the number of working weeks, the Employee will receive a salary equal to the period worked but spread over a 52-week period. Accrual of sick leave and long service leave will be unaffected by these arrangements. 59.5 The approval of purchased leave arrangements for individual Employees will be subject to annual application and approval by the Employer. 59.6 An Employee may revert to ordinary 52-week employment by giving the Employer no less than four weeks written notice. 59.7 Where an Employee so reverts to 52-week employment, appropriate pro-rata salary adjustments will be made. 59.8 Part Time Employees engaged on a contract of employment of no less than 0.5EFT may access a pro-rata entitlement to Purchased Leave. 59.9 An Employee must use all accrued purchased leave within 12 months of commencing the purchased leave arrangement. Where purchased leave is not taken within the 12-month period, excess leave accruals can be managed in accordance with clause 58 – Excess Leave Management or clause 57.10 – Cashing out of Annual Leave. 59.10 Where the Employee’s employment terminates, deductions made for Purchased Leave not yet taken will be repaid. 59.11 Where the Employee’s employment terminates and the amount of purchased leave taken exceeds the amount deducted, the Employer may deduct a sum equal to the negative balance from any remuneration payable to the Employee upon termination of employment. 60. PERSONAL/CARER’S LEAVE 60.1 The provisions of this clause apply to full-time and regular part-time Employees. The personal/carer’s leave entitlements of casual Employees are set out in clause 60.11 below. 60.2 The Employer recognises the importance of Carer’s within the community and as part of our commitment to supporting these employees, we have expanded the scope of “immediate family member” to be inclusive of carers to enable them to access personal leave and compassionate leave more flexibly. 60.3 The definition for carer (under the Australian Government Carer Recognition Act 2010) is someone who gives care and support to a relative or friend who: has a disability has a medical condition (terminal or chronic illness) has a mental illness is frail because they are old (known as ‘frail and aged’) (a) (b) (c) (d) (a) (b) (c) (d)Page 64 of 204 You are not considered to be a carer if you are employed to look after someone, if you work as a volunteer for an organisation, or if you are doing work experience as part of a course. 60.4 Amount of paid personal/carer’s leave Paid personal/carer’s leave will be available to an Employee when they are absent because of: (i) personal illness or injury; or (ii) personal illness or injury of an immediate family or household member who requires the Employee's care and support; or (iii) an unexpected emergency affecting an immediate family or household member; or (iv) the requirement to provide ongoing care and attention to another person who is wholly or substantially dependent on the Employee, provided that the care and attention is not wholly or substantially on a commercial basis. The amount of personal/carer’s leave to which a full-time Employee is entitled depends on the Employee and how long they have worked for the Employer. From the date this Agreement comes into effect following ratification by the Fair Work Commission, Employees shall accrue personal/carer’s leave as follows: (i) one day (7.6 hours) will be available for each month of service in the first year of service; (ii) 14 days (106 hours and 24 minutes) will be available per annum in the second, third and fourth year of service; and (iii) 21 days (159 hours and 36 minutes) will be available per annum in each subsequent year of service. An Employee’s entitlement accrues progressively during a year of service according to the Employee’s ordinary hours of work and unused personal/carer’s leave accumulates from year to year. 60.5 Leave to attend registered health practitioner appointments (a) Where an Employee is absent from duty on account of attending a registered health practitioner for an appointment, the Employee will be granted personal/carer’s leave entitlements, subject to the following requirements. (i) The leave should be taken where it is unreasonable, given the circumstances, to arrange the appointment outside of the Employees working hours; (ii) The personal leave provided will only cover the duration of the appointment and reasonable travelling time; (iii) Approval for the appointment must occur prior to accessing the leave and is subject to the evidence requirements for personal/carer’s leave; (iv) The Employee will also endeavour to arrange the appointment, where possible, at either the start or end of their rostered shift. (a) (b) (c) (d) (a) (b) (c) (d)Page 65 of 204 60.6 Use of accumulated personal/carer’s leave An Employee is entitled to use accumulated personal/carer’s leave for the purposes of this clause where the current year's personal/carer’s leave entitlement has been exhausted. 60.7 Employee must give notice Employees must give the Employer notice of the taking of personal/carer’s leave. The notice: (i) Must be given to the to the Employer as soon as practicable (which may be a time after the leave has started); and (ii) Must advise the Employer of the period, or expected period, of the leave. The Employer must provide and inform Employees of a procedure for the notification by Employees of their inability to attend work due to illness or injury. All such notifications shall be registered, detailing the time and name of the Employee. Where an Employee intends to use personal leave for the purpose of a planned medical procedure, notice must be provided to the Employer as soon as practicable, providing as much notice as possible. Where it can be so arranged, notice will be provided in advance of the issuing of the fortnightly roster. 60.8 Evidence supporting claim The Employer will require the Employee to provide evidence that would satisfy a reasonable person to support the taking of personal/carer’s leave, provided that: (i) An Employee may be absent through personal injury or illness for one day without furnishing evidence on not more than five (5) occasions in any one year of service. When taking leave to care for members of their immediate family or household who are ill or injured and require care and support, the Employee shall, if required by the Employer, establish by production of a medical certificate or statutory declaration, the illness or injury of the person who requires care and support. When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the Employee must, if required by the Employer, establish by production of documentation acceptable to the Employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the Employee. In normal circumstances, an Employee must not take leave to care for an immediate family or household member under this clause where another person has taken leave to care for the same person. An Employee is not entitled to personal/carer’s leave under this clause unless they have complied with the foregoing notice and evidence requirements. (a) (a) (b) (c) (d) (a) (b) (c) (d) (e) ( 2 ) (a) (b) (c) (d) (a) (b) (c) (d) (e)Page 66 of 204 60.9 Absence on public holidays If the period during which an Employee takes paid personal/carer’s leave includes a day or part-day that is a public holiday in the place where the Employee is based for work purposes, the Employee is taken not to be on paid personal/carer’s leave on that public holiday. 60.10 Unpaid personal/carer’s leave Where an Employee has exhausted all paid personal/carer’s leave entitlements, the Employee is entitled to take unpaid carer’s leave to provide care and support in the circumstances outlined in 60.4(c)(iii) and (iv). The Employer and the Employee will agree on the period. In the absence of agreement, the Employee is entitled to take up to two (2) days' unpaid carer’s leave per occasion. No Employer shall terminate the services of an Employee during the currency of any period of personal leave with the object of avoiding their obligations under this clause. 60.11 Casual Employees – Caring responsibilities Casual Employees are entitled to be unavailable to attend work or to leave work: (i) if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or (ii) upon the death in Australia of an immediate family or household member. The Employer and the Employee will agree on the period for which the Employee will be entitled to be unavailable to attend work. In the absence of agreement, the Employee is entitled to not be unavailable to attend work for up to two (2) days per occasion. The casual Employee is not entitled to any payment for the period of non-attendance. (i) The Employer will require the casual Employee to provide satisfactory evidence to support the taking of this leave. An Employer must not fail to re-engage a casual Employee because the Employee accessed the entitlements provided for in this clause. The rights of the Employer to engage or not engage a casual Employee are otherwise not affected. 60.12 Personal Leave and additional shifts above ordinary hours No payment of personal leave will be made to an Employee where the shifts or hours not worked due to illness or injury are in addition to an Employee’s ordinary hours of work. For the avoidance of doubt, this provision operates in relation to additional shifts or hours an Employee has been requested to work above their ordinary hours but subsequently cannot work these hours due to illness or injury. This provision does not apply where the Employee has been rostered additional shift or hours in advance (as applicable), which are above their ordinary hours, in this case Employees can still access their personal leave entitlements in accordance with clause 60. 60.13 The Employer does not allow for portability of personal/sick leave from other Employers. (a) (a) (b) (a) (b) (c) (a) (a) (b) (a) (b) (c)Page 67 of 204 61. COMPASSIONATE LEAVE 61.1 Employees are entitled to 5 days leave for each occasion when: a member of the Employee's immediate family or a member of the Employee's household: (i) contracts or develops a personal illness that poses a serious threat to their life; (ii) sustains a personal injury that poses a serious threat to their life; or (iii) dies; or a child is stillborn, where the child would have been a member of the employee’s immediate family, or a member of the employee’s household, if the child had been born alive; or the employee, or the employee’s spouse or de facto partner, has a miscarriage. 61.2 Any unused portion of leave will not accrue from year to year and will not be paid out on termination. 61.3 Such leave does not have to be taken consecutively. 61.4 An Employee may take unpaid compassionate leave by agreement with the Employer. 61.5 After an Employee has exhausted their paid compassionate leave for a particulate occasion, the Employer will not unreasonably refuse approval of other unpaid compassionate leave or other paid leave. 61.6 The Employer will require the Employee to provide satisfactory evidence to support the taking of compassionate leave. 62. LONG SERVICE LEAVE 62.1 Entitlement An Employee shall be entitled to long service leave with pay, in respect of continuous service with one and the same Employer, or service with Recognised Employers, Institutions or Statutory Bodies, in accordance with the provisions of this clause. The amount of such entitlement shall be: (i) on the completion by the Employee of fifteen years' continuous service - six months' long service leave; and (ii) and thereafter an additional two months' long service leave on the completion of each additional five years' service. (iii) In addition, in the case of an Employee who has completed more than fifteen years' service and whose employment is terminated otherwise than by the death of the Employee, an amount of long service leave equal to 1/30th of the period of the Employee’s service since the last accrual of entitlement to long service leave under clause 62.1(b)(i). (a) (b) (c) (a) (b) (a) (b) (c) (a) (b)Page 68 of 204 (iv) In the case of an Employee who has completed at least ten years' service, but less than fifteen years' service, and whose employment is terminated for any cause other than serious and wilful misconduct, such amount of long service leave as equals 1/30th of the period of service. For the purpose of determining the entitlement of an Employee classified under Schedule B in respect of a period of employment beginning before 30 December 1964, and ending after the said date, so much of that service as was completed before the said date shall be reduced by one quarter. An Employee may apply to access their pro rata Long Service Leave entitlement after completing at minimum of ten years’ continuous service. 62.2 Service entitling to leave Subject to this subclause the service of an Employee with an Institution or Statutory Body shall include service for which long service leave, or payment in lieu, has not been received, in one or more Institutions including Statutory Bodies directly associated with such Institutions or Institution for the periods required by clause 62.1 above. Notwithstanding 62.2(a) above, when calculating the aggregate of service for Employees classified under Schedule C and Schedule D, any period of employment with an Institution or Statutory Body of less than six (6) months’ duration shall be disregarded. Subject to this subclause service shall also include all periods during which an Employee was serving in Her Majesty's Forces or was made available by the Employer for National Duty. For the purposes of this clause service shall be deemed to be continuous notwithstanding: (i) the taking of any annual leave, long service leave, or other paid leave approved in writing by the Employer and not covered by 62.2(d)(ii) or 62.2(d)(iii) below; (ii) any absence from work of not more than fourteen days in any year on account of illness of injury or if applicable such longer period as provided in clause 60 (Personal/Carer’s Leave) leave; (iii) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave; (iv) any absence on account of injury arising out of or in the course of the employment of the Employee for a period during which payment is made under clause 38 (Accident Pay); (v) any unpaid leave of absence of the Employee where the absence is authorised in advance in writing by the Employer to be counted as service; (c) (d) (a) (b) (c) (d) (c) (d) (a) (b) (c) (d)Page 69 of 204 (vi) from the commencement date of this Agreement, any absence from work by an Employee as agreed under clause 64.12 in respect of unpaid parental leave; (vii) any interruption arising directly or indirectly from an industrial dispute; (viii) any period of absence from employment between the engagement with one of the said Institutions, Recognised Employer or Statutory Bodies and another (or re-engagement with the same Institution or Statutory Body) provided it is less than the Employee's allowable period of absence from employment. An Employee's allowable period of absence from employment shall be five weeks in addition to the total period of paid annual and/or sick leave that the Employee actually received on termination or for which the Employee is paid in lieu; (ix) the dismissal of an Employee if the Employee is re-employed within a period not exceeding two months from the date of such dismissal; (x) up to (but not including) the commencement date of this Agreement, any absence from work of an Employee for a period not exceeding twelve months or longer as agreed under clause 64.12 in respect of any pregnancy; (xi) any other absence of an Employee by leave of the Employer, or on account of injury arising out of or in the course of their employment not covered by 62.2(d)(iv). In calculating the period of continuous service of any Employee, an interruption or absence of a kind mentioned in 62.2(d)(i) to 62.2(d)(vi) shall be counted as part of the period of their service, but any interruption or absence of a kind mentioned in 62.2(d)(vii)to 62.2(d)(xi) shall not be counted as part of the period of service unless it is so authorised in writing by the Employer. The onus of proving a sufficient aggregate of service to support a claim for any long service leave entitlement shall at all times rest upon the Employee concerned. A certificate in the following form shall constitute acceptable proof: CERTIFICATE OF SERVICE [Name of Institution] [date] This is to certify that [Name of Employee] has been employed by this institution/society/board for a period of [years/months/etc.] from [date] to [date]. Specify hereunder full details of paid or unpaid leave or absences including periods represented by payment made in lieu of leave on termination. .............................................................. Specify hereunder full details of long service leave granted during service or on termination: .............................................................. Signed....................................[Stamp of Institution] (e) (f) (e) (f)Page 70 of 204 Every Employer shall keep, or cause to be kept, a long service leave record for each Employee, containing particulars of service, leave taken and payments made. 62.3 Payment in lieu of long service leave on the death of an Employee Where an Employee who has completed at least ten years' service dies while still employed by the Employer, the Employer shall pay to such Employee's personal legal representative a sum equal to the pay of such Employee for 1/30th of the period of the Employee's continuous service in respect of which leave has not been allowed, or payment made, immediately prior to the death of the Employee. 62.4 Payment for period of leave Payment to an Employee in respect of long service leave shall be made in one of the following ways: (i) in full in advance when the Employee commences their leave; or (ii) at the same time as payment would have been made if the Employee had remained on duty; in which case payment shall, if the Employee in writing so requires, be made by cheque posted to a specified address; or (iii) in any other way agreed between the Employer and the Employee. Where the employment of an Employee is for any reason terminated before they take any long service leave to which the Employee is entitled, or where any long service leave accrues to an Employee pursuant to clause 62.1(b)(ii), the Employee shall subject to the provisions of clause 62.4(c) be entitled to pay in respect of such leave as at the date of termination employment. Where any long service leave accrues to an Employee pursuant to clause 62.1(b)(iii) the Employee shall be entitled to pay in respect of such leave as at the date of termination of employment. Provided in the case of an Employee of an Institution or Statutory Body who accrues entitlement pursuant to clause 62.1(b)(iv) and who intends to be re-employed by another Institution or Statutory Body: (i) such an Employee may in writing request payment in respect of such leave to be deferred until after the expiry of the Employee's allowable period of absence from employment provided in clause 62.2(d)(viii); and (ii) except where the Employee gives the Employer notice in writing that the Employee has been employed by another Institution or Statutory Body, the Employer shall make payment in respect of such leave at the expiry of the Employee's allowable period of absence from employment; and (iii) where the Employee gives the Employer notice in writing that the Employee has been employed by another Institution or Statutory Body the Employer is no longer required to make payment to the Employee in respect of such leave. (g) (a) (a) (b) (c) (d) (g) (a) (a) (b) (c) (d)Page 71 of 204 Where an increase occurs in the ordinary time rate of pay during any period of long service leave taken by the Employee, the Employee shall be entitled to receive payment of the amount of any increase in pay at the completion of such leave. Social and Community Services Employees Only (i) Employees classified under schedule F of this Agreement may have an entitlement to a long service leave payment under this Agreement and the Long Service Benefits Portability Act 2018 (the Portability Act) for the same period of service. Where this occurs, the Employer will only be required to pay the Employee in accordance with the Agreement. (ii) Where an Employee seeks to access long service leave entitlements under this Agreement, the Employee must notify the Employer in writing before taking the leave if the Employee has ever received a payment from the Portable Long Service Benefits Authority (the Authority) for the same period of service. (iii) An Employee who is entitled to long service leave under the Agreement but has received a direct payment from the Authority for all, or part, of the same service period will only be entitled to receive make-up pay from the Employer. Make-up pay will based on the difference between the long service leave payment provided under this Agreement and the amount of money already paid to the Employee from the Authority. 62.5 Taking of leave When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave may be postponed to such date as is mutually agreed, or in default of agreement as is determined by Fair Work Commission; provided that no such determination shall require such leave to commence before the expiry of six months from the date of such determination. Example: An employee is with Employer A for 2 years before moving to Merri Health for 10 years. The Employee received a long service leave payment direct from the Authority after 12 years of total service under the Portability Act. The payment for the period of service at Merri Health was $13,000. The employee now wants to take long service leave with Merri Health as per the Agreement. Merri Health calculates that the employee is entitled to 17.33 weeks of long service leave which is valued at $26,000. As the Employee has already received a payment of $13,000 from the Authority for the same period of service, Merri Health is only required to pay the employee the difference of $13,000. The actual long service leave entitlement remains unchanged at 17.33 weeks. (e) (f) (a) (e) (f) (a)Page 72 of 204 Any long service leave shall be inclusive of any public holiday occurring during the period when the leave is taken. If the Employer and an Employee so agree: (i) the first six months long service leave to which an Employee becomes entitled under this Agreement may be taken in two or three separate periods; and (ii) any subsequent period of long service leave to which the Employee becomes entitled may be taken in two separate periods, but save as aforesaid long service leave shall be taken in one period. An Employee may, subject to approval by the Employer convert their long service leave entitlement in one of the following ways: (i) take a period of leave equal to double the period of leave accrued at half the ordinary rate of pay for the period of approved leave; or (ii) take a period of leave equal to half of the leave accrued at double the ordinary rate of pay for the period of approved leave. Where an Employee makes a request under clause 62.5(c), approval shall not be unreasonably withheld by the Employer. An Employer may, by agreement with an Employee, grant long service leave to the Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has completed ten years' service. Where the employment of an Employee who has taken long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the Employee upon termination, deduct and withhold an amount equivalent to the amount paid to the Employee in respect of the leave in advance. 62.6 Definitions For the purpose of this clause the following definitions apply: (i) Pay means remuneration for an Employee's normal weekly hours of work calculated at the Employees' ordinary time rate of pay provided in Schedule G at the time the leave is taken or (if the Employee dies before the completion of leave so taken) as at the time of the Employee’s death; and shall include any allowances usually paid, and shall also include the amount of any increase to the Employee's ordinary time rate of pay which occurred during the period of leave as from the date of such increase operates provided that where accommodation is made available to an Employee during their period of leave. (ii) Month shall mean a Calendar Month. (iii) Institution shall mean any hospital or benevolent home, community health centre, Society or Association registered pursuant to the Health Services Act (b) (c) (d) (e) (f) (g) (a) (b) (c) (d) (e) (f) (g) (a)Page 73 of 204 1988 (or the former Hospital and Charities Act 1958), or the Cancer Institute constituted under the Cancer Act 1958, or the Fairfield Hospital Board or the Bush Nursing Association, and successors thereto. (iv) Statutory Body means the Hospital and Charities Commission of Victoria, the Department of Human Services and/or the Nursing Board of Victoria, and successors thereto. (v) Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and “transmitted” has a corresponding interpretation. (vi) Recognised Employers means employers listed in Schedule A of the Community Health Centre (Stand Alone Services) Social and Community Service Employees Multi Enterprise Agreement 2017. 63. PRE-NATAL LEAVE 63.1 Where an Employee is required to attend pre-natal appointments, or where parenting classes are only available or can only be attended during the Employee’s ordinary hours of work, the Employee shall be entitled to utilise their carer’s leave for such purposes on production of satisfactory evidence of their attendance. 64. PARENTAL LEAVE 64.1 This clause is structured as follows: Definitions: Clause 64.4 Long parental leave – unpaid : Clause 64.5 Short parental leave – unpaid: Clause 64.6 Paid parental leave: Clause 64.7 Notice provisions and commencement – maternity leave: Clause 64.8 Notice provisions and commencement – partner leave: Clause 64.9 Notice provisions and commencement – adoption leave: Clause 64.10 Special maternity leave: Clause 64.11 Variation to period of parental leave up to 12 months: Clause 64.12 Right to request extension of period of parental leave beyond 12 months: Clause 64.13 Parental leave and other leave entitlements: Clause 64.14 Transfer to a safe job: Clause 64.15 Returning to work after a period of parental leave: Clause 64.16 Replacement Employees: Clause 64.17 Communication during parental leave: Clause 64.18 Keeping in touch days: Clause 64.19 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) ( I) (m) (n) (o) (p) (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (I) (m) (n) (o) (p)Page 74 of 204 64.2 Provisions associated with parental leave are also included in this Agreement. Specifically, prenatal leave at clause 63, flexible work arrangements which includes the right to request to return from parental leave on a part time basis at clause 24 and leave to attend interviews and examinations relevant to adoption leave at clause 64.10. 64.3 A summary of the main provisions and entitlements within the Parental Leave clause is set out below. For the avoidance of any doubt, it is not intended to replace, limit or increase the provisions outlined in the clauses referred to in the summary of provisions and entitlements 64.4 Definitions For the purposes of this clause: (i) Child means: (A) a child of the Employee under school age; or (B) a child under 16 who is placed with the Employee for the purposes of adoption, other than a child or step-child of the Employee or of the spouse of the Employee or a child who has previously lived continuously with the Employee for a period of six months or more. (ii) Continuous Service has the same meaning as in clause 62– Long service leave and includes continuous service with one and the same Employer or service with Institutions or Statutory Bodies (as defined at clause 62.6) in accordance with the provisions of that clause, and includes any period of employment that would count as service under the Act. (iii) Eligible Casual Employee means an Employee employed by the Employer in casual employment on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months and who has, but for the birth or expected birth of a Child or the decision to adopt a Child, a reasonable expectation of continuing engagement by the Employer on a regular and systematic basis. (iv) Eligible Employee for the purposes of clause 64 means an Employee or an Eligible Casual Employee as defined above. (v) Long Parental leave means the 52 weeks’ parental leave an Employee may take under clause 64.5. A person taking long parental leave under clause 64.5 (whether as maternity, partner or adoption leave) is the primary carer for the purpose of this clause. (vi) Short Parental Leave means the up to 8 weeks concurrent parental leave an Employee who will not be the primary care giver of a child may take under clause 64.6. (vii) Spouse includes a de facto, former spouse and same-sex partner save that spouse does not include a former spouse in relation to clause 62.6 – Adoption Leave. 64.5 Long Parental Leave - Unpaid (a) (a)Page 75 of 204 An Eligible Employee as defined at 64.4(a)(iii) is entitled to 12 months unpaid parental leave if: (i) the leave is associated with: (A) the birth of a child of the Employee or the Employee’s spouse (as defined) or de facto partner; or (B) the placement of a child with the Employee for adoption; and (ii) the Employee has or will have responsibility for the care of the child. Except as provided at clause 64.6 (Short Parental leave – unpaid), Parental leave is to be available to only one parent at a time in a single unbroken period. Each member of an Employee couple may take a separate period of up to 12 months of unpaid parental leave. An Employee couple includes a couple where one person is an Employee of the Employer and the other person is an Employee at a different organisation. 64.6 Short Parental leave - unpaid An Employee who will not be the primary care giver of a child may take up to 8 weeks concurrent parental leave with the parent who will be the primary care giver. The concurrent parental leave may be taken in separate periods but, unless the Employer agrees, each period must not be shorter than 2 weeks. 64.7 Paid Parental Leave An Employee who has 12 months or more continuous service, other than a casual Employee, has an entitlement to unpaid parental leave shall be entitled to the following: (i) In the case of the primary care giver, 14 weeks paid parental leave, provided that the Long Parental Leave is taken contemporaneously with the birth or placement of the Child; (ii) In the case of the non-primary care giver, 4 weeks paid parental leave. An Employee who has at less than 12 months continuous service, other than a casual Employee, has an entitlement to unpaid parental leave shall be entitled to the following: (i) In the case of the primary care giver, 8 weeks paid parental leave, provided that the Long Parental Leave is taken contemporaneously with the birth or placement of the Child; (ii) In the case of the non-primary care giver, 4 weeks paid parental leave. Paid parental leave is in addition to the Commonwealth Government paid parental leave scheme. The Employer and Employee may reach agreement as to how the paid parental leave under this Agreement is paid. For example, such leave may be paid in smaller amounts over a longer period, consecutively or concurrently with any Commonwealth Government scheme and may include a voluntary contribution to superannuation. Such agreement shall be in writing and signed by the parties. (a) (b) (c) (a) (a) (b) (c) (a) (b) (c) (a) (a) (b) (c)Page 76 of 204 The Employee will nominate a preferred payment arrangement at least four weeks prior to the expected date of delivery. In the absence of agreement, such leave shall be paid during the ordinary pay periods corresponding with the period of the leave. The paid parental leave prescribed by this clause shall be concurrent with the unpaid entitlement prescribed by the NES / this Agreement. For the avoidance of doubt, an Employee is only entitled to one paid parental leave payment as prescribed at clause 64.7(a) or clause 64.7(b)(as applicable) for each birth or placement resulting in parental leave under this clause. The Employer shall make a superannuation contribution on the paid parental leave at clause 64.7(a) above, equivalent to that required by relevant legislation if such payments were deemed ordinary time earnings. 64.8 Notice provisions and commencement - Maternity leave An Employee who proposes to take maternity leave must provide written notice to the Employer advising: (i) of the expected date of birth - at least ten weeks (including a certificate from a registered medical practitioner stating that the Employee is pregnant) or otherwise as soon as practicable before the expected date of birth; and (ii) the start and end dates of maternity leave - at least four weeks before the start, or otherwise as soon as practicable. An Employee will not be in breach of this clause if failure to give the stipulated notice is because the birth occurred earlier than the presumed date or other unexpected circumstances. Where requested by the Employer, the Employee must also provide a statutory declaration stating particulars of any period of partner (or like authorised) leave sought. Subject to the limits on duration of parental leave set out in this Agreement and unless agreed otherwise between the Employer and Employee, an Employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth. Where an Employee continues to work within the six week period immediately prior to the expected date of birth, the Employer may require the Employee to provide a medical certificate stating that they is fit for work and, if so, whether it is inadvisable for the Employee to continue in their present position because of illness or risks arising out of the Employee’s pregnancy or hazards connected with the position. 64.9 Notice provisions and commencement - Partner leave Short Parental Leave (partner) An Employee who proposes to take short parental leave will: (d) (e) (a) (b) (c) (d) (e) (f) (a) (d) (e) (a) (b) (c) (d) (e) (f) (a)Page 77 of 204 (i) provide the Employer at least ten weeks’ notice, or otherwise as soon as practicable, of the proposed period of partner leave, with a certificate from a registered medical practitioner which names the Employee’s spouse (as defined), that states that the Employee is pregnant and the expected date of birth; and (ii) apply in writing for short parental leave as soon as reasonably practicable on or after the first day of the period of leave, stating the first and last days of the period. Long Parental Leave (partner) (i) An Employee who proposes to take long parental leave must provide written notice to the Employer advising: (A) of the expected date of birth - at least ten weeks or otherwise as soon as practicable before the expected date of birth; and (B) the start and end dates of the long parental leave - at least four weeks before the start, or otherwise as soon as practicable. (ii) Where requested by the Employer, the Employee must also provide a statutory declaration stating the Employee will take that period of partner leave to become the primary care giver of a child and the particulars of any period of maternity (or like authorised) leave sought or taken by the Employee’s spouse. An Employee will not be in breach of clause 64.9 if the failure to give the required period of notice is because of the birth occurs earlier than expected, the death of the mother of the child or other unexpected circumstances. Application in such circumstances must be made as soon as reasonably practicable. 64.10 Notice Provisions and Commencement - Adoption leave If a child who is to be adopted by an Employee is a relative of the Employee, and the Employee decides to take the child into custody pending the authorisation of the placement of the child with the Employee, the Employee must: (i) give notice to the Employer as soon as reasonably practicable after the decision is made; and (ii) give the notices required by clause 64.9(a) and 64.9(b), whichever is applicable. Relative of an Employee means a grandchild, nephew, niece or sibling of the Employee or of the Employee’s spouse. Short parental leave (adoption) (i) An Employee will apply in writing for short parental leave no later than 14 days before the proposed day of placement of the child, or as soon as reasonably practicable where the Employee cannot comply with this requirement because of the day when the placement is expected to start or any other unexpected reason. (b) (c) (a) (b) (b) (c) (a) (b)Page 78 of 204 Long Parental Leave (adoption) (i) Where an Employee proposes to take long parental leave, they must provide notice to the Employer in advance of the expected date of commencement of adoption leave. The notice requirements are: (ii) of the expected date of placement - at least ten weeks, or otherwise as soon as practicable; and (iii) of the date on which the Employee proposes to commence adoption leave and the period of leave to be taken - at least four weeks, or otherwise as soon as practicable. (iv) Where requested by the Employer, the Employee must also provide a statutory declaration stating: (A) that the Employee is seeking such leave to become the primary care- giver of the child; (B) particulars of any period of adoption (or like authorised) leave sought or taken by the Employee’s spouse; and (C) that the child is a ‘child’ as defined above. (D) The Employer may require an Employee to provide confirmation from the adoption agency of the placement. Where the Employee cannot comply with the above notification requirements because of the day when the placement is expected to start changes or any other unexpected reason, the Employee shall apply for long parental leave (adoption) as soon as reasonably practicable. Where Placement does not Proceed or Continue (i) Where the placement of the child for adoption with an Employee does not proceed or continue, the Employee will notify the Employer immediately. (ii) Where the Employee had, at the time, started a period of adoption leave in relation to the placement, the Employee’s entitlement to adoption leave is not affected, except by written notice under clause 64.10(e)(iii) below. (iii) The Employer may give the Employee written notice that, from a stated day no earlier than four weeks after the day the notice is given, any untaken long adoption leave is cancelled with effect from that day. (iv) Where the Employee wishes to return to work due to a placement not proceeding or continuing, the Employer will nominate a time not exceeding four weeks from receipt of notification for the Employee’s return to work. 64.11 Special maternity leave Where the pregnancy of an Employee not then on maternity leave ends within 28 weeks of the expected date of birth, other than by the birth of a living child, then the Employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary. (c} (d} (e) (a) (c) (d) (e) (a)Page 79 of 204 Where an Employee is suffering from an illness not related to the direct consequences of the pregnancy, an Employee may take any paid sick leave to which they are entitled in lieu of, or in addition to, special maternity leave. Where an Employee not then on maternity leave suffers an illness related to their pregnancy, the Employee may take any paid sick leave to which the Employee is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before the Employee’s return to work. 64.12 Variation of period of parental leave (up to 12 months) Where an Employee takes leave under clause 64.5 or clause 64.12, unless otherwise agreed between the Employer and Employee, an Employee may apply to the Employer to change the period of parental leave on one occasion. Any such change is to be notified as soon as possible but no less than four weeks prior to the commencement of the changed arrangements. Nothing in this clause detracts from the basic entitlement in clause 64.5 or clause 64.12. If the Employer and Employee agree, the Employee may further change the period of parental leave. 64.13 Right to request an extension of period of parental leave beyond 12 months An Employee entitled to parental leave pursuant to the provisions of clause 64 may request the Employer to allow the Employee to extend the period of unpaid parental leave provided for in clause 64.5 by a further continuous period up to 12 months immediately following the end of the available parental leave. Request to be in writing (i) The request must be in writing and must be given to the Employer at least 4 weeks before the end of the available parental leave period. Response to be in writing (i) The Employer must give the Employee a written response to the request stating whether the Employer grants or refuses the request. The response must be given as soon as practicable, and not later than 21 days, after the request is made. Refusal only on reasonable business grounds (i) The Employer may only refuse the request on reasonable business grounds. Reasons for refusal to be specified (i) If the Employer refuses the request, the written response must include details of the reasons for the refusal. Employee couples (i) The Act contains additional requirements for Employee couples. 64.14 Parental leave and other entitlements An Employee may use any accrued annual leave or long service leave entitlements concurrently with parental leave, save that the total amount of leave shall not exceed 52 weeks or longer as agreed under clause 64.12. (b) (c) (a) (b) (a) (b) (c) (d) (e) (a) (b) (c) (a) (b) (a) (b) (c) (d) (e) (a)Page 80 of 204 64.15 Transfer to a safe job Where an Employee is pregnant and, in the opinion of a registered medical practitioner, is fit for work but it is inadvisable for the Employee to continue at their present work for a stated period (the risk period) because of: (i) illness or risks arising out of the pregnancy, or (ii) hazards connected with the position, the Employee must be transferred to an appropriate safe job if one is available for the risk period, with no other change to the Employee’s terms and conditions of employment. If: (i) clause 64.15(a) applies to a pregnant Employee but there is no appropriate safe job available; and (ii) the Employee is entitled to unpaid parental leave; and (iii) the Employee has complied with the notice and evidence requirements of clause 64.8 for taking unpaid parental leave; then the Employee is entitled to paid no safe job leave for the risk period. If the Employee takes paid no safe job leave for the risk period, the Employer must pay the Employee at the Employee’s base rate of pay for the Employee's ordinary hours of work in the risk period. This entitlement to paid no safe job leave is in addition to any other leave entitlement the Employee may have. 64.16 Returning to work after a period of parental leave An Employee will endeavour to notify the Employer of their intention to return to work after a period of long parental leave at least four weeks prior to the expiration of the leave, or where that is not practicable, as soon as practicable. An Employee will be entitled to return: (i) unless clause 64.16(b)(ii) or 64.16(b)(iii) or clause 64.16(c) applies, to the position which they held immediately before proceeding on parental leave; (ii) if the Employee was promoted or voluntarily transferred to a new position (other than to a safe job pursuant to clause 64.15), to the new position; (iii) if clause 64.16(b)(ii) does not apply, and the Employee began working part- time because of the pregnancy of the Employee, or their spouse, to the position held immediately before starting to work part-time. Clause 64.16(b) is not to result in the Employee being returned to the safe job to which the Employee was transferred under clause 64.15. In such circumstances, the Employee will be entitled to return to the position held immediately before the transfer. (a) (b) (c) (d) (a) (b) (c) (a) (b) (c) (d) (a) (b) (c)Page 81 of 204 Where the relevant former position (per clauses 64.16(b)and 64.16(c) above) no longer exists, an Employee is entitled to return to an available position for which the Employee is qualified and suited nearest in status and pay to that of their pre- parental leave position. The Employer must not fail to re-engage an Employee because: (i) the Employee or Employee’s spouse is pregnant; or (ii) the Employee is or has been immediately absent on parental leave. 64.17 Replacement Employees A replacement Employee is an Employee specifically engaged or temporarily promoted or transferred, as a result of an Employee proceeding on parental leave. Before the Employer engages a replacement Employee the Employer must inform that person of the temporary nature of the employment and of the rights of the Employee who is being replaced to return to their pre-parental leave position. 64.18 Communication during Parental leave Where an Employee is on parental leave and the Employer makes a decision that will have a significant effect on the status, pay or location of the Employee’s pre- parental leave position, or the Employer proposes a change will have a significant effect on the Employee, the Employer shall take reasonable steps to: (i) make information available in relation to any significant effect the change will have on the status, pay, location or responsibility level of the position the Employee held before commencing parental leave; and (ii) provide an opportunity for the Employee to discuss any significant effect the change will have on the status, pay, location or responsibility level of the position the Employee held before commencing parental leave. The Employee shall take reasonable steps to inform the Employer about any significant matter that will affect the Employee’s decision regarding the duration of parental leave to be taken, whether the Employee intends to return to work and whether the Employee intends to request to return to work on a part-time basis. The Employee shall also notify the Employer of changes of address or other contact details which might affect the Employer’s capacity to comply with clause 64.18. 64.19 Keeping in touch days This clause does not prevent an Employee from performing work for the Employer on a keeping in touch day while the Employee is taking unpaid parental leave. If the Employee does so, the performance of that work does not break the continuity of the period of unpaid parental leave. A day on which the Employee performs work for the Employer during the period of leave is a keeping in touch day if: (d) (e) (a) (b) (a) (b) (c) (a) (b) (d) (e) (a) (b) (a) (b) (c) (a) (b)Page 82 of 204 (i) the purpose of performing the work is to enable the Employee to keep in touch with their employment in order to facilitate a return to that employment after the end of the period of leave; and (ii) both the Employee and Employer consent to the Employee performing work for the Employer on that day; and (iii) the day is not within: (A) If the Employee suggested or requested that they perform work for the Employer on that day—14 days after the date of birth, or day of placement, of the child to which the period of leave relates; or (B) otherwise — 42 days after the date of birth, or day of placement, of the child; and (iv) the Employee has not already performed work for the Employer or another entity on 10 days during the period of leave that were keeping in touch days. The duration of the work the Employee performs on that day is not relevant for the purposes of this clause. The Employer must not exert undue influence or undue pressure on an Employee to consent to a keeping in touch day. For the purposes of clause 63.19(b)(iv) the following will be treated as 2 separate periods of unpaid parental leave: (i) a period of unpaid parental leave taken during the Employee’s available parental leave period; and (ii) an extension of the period of unpaid parental leave under clause 64.12. 64.20 Breastfeeding Paid break The Employer will provide reasonable paid break time for an Employee to express breast milk for the Employee’s nursing child each time such Employee has need to express the milk, or breastfeed the child within the workplace, for thirteen months after the child’s birth. Place to express or feed Where practicable, the Employer will also provide a comfortable place, other than a bathroom, that is shielded from view and free from intrusion from co- workers and the public, which may be used by an Employee to express breast milk or breastfeed a child in privacy. Storage Appropriate refrigeration for breast milk storage will be available in proximity to the placed provided to express or feed. Responsibility for labelling, storage and use lies with the Employee. 65. COMMUNITY SERVICE LEAVE 65.1 An Employee who is engaged in an eligible community service activity is entitled to be absent from work without loss of pay for the period of time that they are engaged in the (c) (d) (e) (a) (b) (c) (c) (d) (e) (a) (b) (c)Page 83 of 204 activity, reasonable travelling time associated with the activity and rest time following the activity, provided that the Employee’s absence (unless the activity is jury service) is reasonable in all the circumstances. 65.2 An eligible community service activity includes: jury service required by or under law; or a voluntary emergency management activity; or an activity prescribed by regulations as an eligible community service activity for the purposes of the Fair Work Act 2009. 65.3 An Employee engages in voluntary emergency management activity if, and only if: the Employee engages in an activity that involves dealing with an emergency or natural disaster; and the Employee engages in the activity on a voluntary basis; and the Employee is a member of, or has a member-like association with, a recognised emergency management body (i.e. CFA, SES, St John Ambulance, Red Cross etc.); and either: (i) the Employee was requested by or on behalf of the body to engage in the activity; or (ii) no such request was made, but it would be reasonable to expect that, if the circumstances had permitted the making of such a request, it is likely that such a request would have been made. 65.4 Notice and evidence requirements Employees seeking to take Community Service Leave must provide notice to the Employer as soon as practicable (which may be after the absence has started) and must advise the Employer of the period, or expected period, of the absence. If requested, the Employee shall be required to produce evidence of their engagement in eligible community service activity, to the satisfaction of the Employer. An Employee’s absence from the workplace is only covered by the provisions of this clause 65 if they satisfy the notice and evidence requirements set out above. 65.5 The Employer may refuse time release where the Employee’s absence will adversely impact the capacity of the health service to maintain services. 65.6 Jury Service Subject to clause 65.6(b) below, the Employer is required to pay an Employee (other than a casual) who is required to attend for jury service at their base rate of pay for the ordinary hours of work in the period. The Employer may require the Employee to produce satisfactory evidence: (a) (b) (c) (a) (b) (c) (d) (a) (b) (c) (a) (b) (a) (b) (c) (a) (b) (c) (d) (a) (b) (c) (a) (b)Page 84 of 204 (i) that they have taken all necessary steps to obtain any amount of jury service pay to which they are entitled; and (ii) of the total amount of jury service pay that has been paid, or is payable, to the Employee for the period of jury service. An Employee shall only be entitled to payment for jury service under clause 65.6(a) where they have satisfied the evidence requirements of 65.6(b). The amount payable to an Employee under clause 65.6(a) is reduced by the amount of jury service pay received by the Employee, as disclosed to the Employer in accordance with clause 65.6(b). 65.7 Workplace Givers Leave A Full-Time or Part-Time Employee shall be entitled to 2 days of paid leave per annum for the purpose of engaging in approved community or charitable volunteering. Workplace Giver’s Leave does not accrue from year to year. If requested by the Employer, the Employee must provide the Employer with reasonable evidence to support the taking of leave. 66. BLOOD DONORS LEAVE 66.1 The Employer will release staff upon request to donate blood when a collection unit is on site or by arrangement with the manager of the department. 67. CULTURAL AND CEREMONIAL LEAVE 67.1 Cultural and Ceremonial leave will be granted to an Aboriginal and/or Torres Strait Islander Employee for Cultural and Ceremonial purposes: connected with Sorry Business for the death of a member of the immediate family, extended family, kin or community (provided that no Employee shall have an existing entitlement reduced as a result of this clause); or for other Cultural and Ceremonial obligations under Aboriginal and Torres Strait Islander lore, for example: a welcome baby to country ceremony; coming of age ceremonies, such as Murrum Turrukurrak; or Tanderrum. 67.2 Full Time Employees may take up to ten (10) days (pro-rata for Part Time Employees) of unpaid Cultural and Ceremonial leave per occasion for the purposes outlined in clause 67.1. 67.3 Full-Time Employees may take up to five (5) days (pro-rata for Part Time Employees) of paid leave per occasion for the purposes outlined in clause 67.1. 67.4 Paid Cultural and Ceremonial leave will not accrue from year to year and will not be paid out on termination of the employment of the Employee. 67.5 Employees up to ten (10) days of unpaid Cultural and Ceremonial leave per occasion. (c) (d) (a) (b) (c) (a) (b) (c) (d) (e) (c) (d) (a) (b) (c) (a) (b) (c) (d) (e)Page 85 of 204 67.6 An Employee who is entitled to access Compassionate Leave under Clause 61 will not be entitled to receive the paid leave under subclause 67.3 for the same period. 67.7 NAIDOC Week Leave 67.8 Aboriginal and/or Torres Strait Islander Employees are entitled to one day of paid leave per calendar year to participate in National Aboriginal and Islander Day Observance Committee (NAIDOC) week activities and events. 67.9 NAIDOC week leave will not accrue from year to year and will not be paid out on termination of the employment of the Employee. 67.10 Leave to attend community meetings 67.11 The Employer may approve attendance during working hours by an Aboriginal and/or Torres Strait Islander Employee at any Aboriginal and/or Torres Strait Islander community meetings, except the Annual General Meetings of Aboriginal and/or Torres Strait Islander community organisations at which the election of office bearers will occur. 67.12 The Employer may grant an Aboriginal and/or Torres Strait Islander Employee accrued annual leave or cultural and ceremonial leave to attend Annual General Meetings of Aboriginal and/or Torres Strait Islander community organisations at which the election of office bearers will occur. 67.13 The Employee may also utilise flexible working arrangements, in addition to leave provided in this clause, to help support their representative functions, with the agreement of the Employer. 68. FAMILY VIOLENCE LEAVE NOTE: Family member is defined in section 8 of the Family Violence Protection Act 2008 (Vic) and is broader than the definition of immediate family in clause 10.1(w). 68.1 Each Employer recognises that Employees sometimes face situations of violence or abuse in their personal life that may affect their attendance or performance at work. Therefore, each Employer is committed to providing support to staff that experience family violence. 68.2 The Employer will develop guidelines to supplement this clause which details the appropriate action to be taken in the event that an Employee discloses family violence. 68.3 Definitions In this Agreement, ‘Family Violence’ has the same meaning as the Family Violence Protection Act 2008. Under that Act, ‘Family Violence’ is defined, in part, as: (i) behaviour by a person towards a family member of that person if the behaviour is (A) physically or sexually abusive; or (B) emotionally or psychologically abusive; or (C) economically abusive; or (a) (a)Page 86 of 204 (D) threatening; or (E) coercive; or (F) in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person; or (G) behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to in paragraph (a). (ii) An ‘affected Employee’ means an Employee experiencing family violence as defined. 68.4 Leave An affected Employee will have access to 20 days per year of paid special leave (pro rata for part time Employees) where the Employee requires time release for activities related to and as a consequence of family violence including: (i) medical and legal assistance; (ii) court appearances; (iii) counselling (including financial counselling); (iv) relocation; (v) making safety arrangements. An Employee who supports a family member or household member experiencing Family Violence may also utilise their personal leave entitlement to accompany the family member or household member to court, to hospital, or to care for children. The leave may be taken as consecutive or single days or as a fraction of a day. The leave does not accumulate from year to year. 68.5 Designated contact point The Employer will appoint designated contact point(s) for family violence matters. The designated contact point(s) will receive training in handling disclosures of family violence that will include privacy issues. Employees will be advised of the designated contact point(s). 68.6 Disclosure of Family Violence and Support An affected Employee may disclose they are experiencing family violence to either their immediate supervisor or the designated contact point. Where an affected Employee makes a disclosure to their immediate supervisor, the supervisor will advise the designated contact point. Following consultation with the affected Employee, the relevant supervisor and designated contact point shall: (a) (b) (c) (d) (a) (a) (b) (c) (a) (b) (c) (d) (a) (a) (b) (c)Page 87 of 204 (i) Implement reasonable measures to manage any potential risk to health and safety. Such measures may include: (A) changing the affected Employee’s hours of work, duties, location of work or contact details; (B) advising security staff consistent with the Employer’s occupational violence policy where applicable; (C) any other appropriate measure including those available under existing provisions for family friendly and flexible work arrangements. (D) Changes to work arrangements may be agreed on a temporary or ongoing basis having regard to the circumstance. Periods of review should also be agreed. (ii) Offer the affected Employee access to the Employer’s ‘Employee Assistance Program’ (EAP) and/or other available local support resources. Where possible, the EAP will include professionals trained in family violence. (iii) Provide information regarding current support services. 68.7 Where the performance or attendance of an Employee at work suffers as a result of being a victim of family violence, the Employer shall: take into account the effect of the family violence; and take all reasonable measures to support attendance and / or performance when addressing the Employee’s performance or attendance, taking into account all of the relevant circumstances. 68.8 Confidentiality All personal information concerning family violence will be kept confidential in line with the Employer’s policies and relevant legislation. 68.9 Notice and Evidence Requirements Notice requirements (i) The leave can be taken without prior approval where it is impractical for the Employee to provide the notice of taking the leave. Evidence requirements (i) An Employee may be required by the Employer to provide evidence that their absence is due to the reasons specified in clause 68.4. (ii) If required, such evidence will be in the form of an agreed document issued by a medical practitioner, registered health practitioner, Police service, Court, Family Violence Support Service, social support service, financial counsellor or Lawyer or, where reasonable, a statutory declaration may be used. (a) (b) (a) (a ) (b) (a) (b) (a) (a) (b)Page 88 of 204 69. ANNUAL LEAVE CLOSE DOWN 69.1 Employers may, for operational reasons, wish to either close down or have reduced activity over the Christmas / New Year period. 69.2 Where an Employer wishes to have an annual close down or low activity period over the Christmas / New Year period, the Employer shall, on commencement of employment; or before 15 November of the relevant year: advise affected Employees in writing of the close down or the reduced activity over the Christmas/New Year period (notification). At the same time of the notification period, an Employer may ask Employees to utilise their annual leave during the period 69.3 An Employee who does not wish to utilise annual leave during an annual close down or low activity period over the Christmas / New Year period shall endeavour to notify the Employer on or before 1 December of the relevant year. 69.4 Where an Employee does not wish to utilise annual leave during an annual close down or low activity period over the Christmas / New Year period, the Employer may meet with the Employee, and if relevant their representative, to discuss this. Matters that may be discussed include: The importance of ensuring staff resources are directed to client activity; The circumstances of the Employee including the impact of the annual close down / low activity period and the Employee’s paid annual leave balance; Whether the Employee has excessive annual leave; Whether accrued days off are available; Whether time off in lieu of overtime is available; Whether alternative work is available, subject to operational requirements; and Whether leave without pay is available. 69.5 If, after discussions take place in accordance with 69.4; the Employer, Employee or their representatives can utilise the dispute resolution clause 12 of this Agreement. 70. GENDER AFFIRMATION/TRANSITION SUPPORT LEAVE 70.1 Definitions Gender Affirmation/Transition means that a person identifies as transgender (in that their gender identity does not match their birth sex) and they wish to permanently and publicly adopt a gender identity that is different to their birth sex. The Employer recognises that the process is not the same for all individuals and may involve a change of name, chosen style or address and pronouns, adopting the dress and style of presentation of the gender they identify with, sex reassignment surgery and/or hormone replacement therapy. 70.2 Entitlement (a) (b) (a) (b) (c) (d) (e) (f) (g) (a) (a) (b) (a) (b) (c) (d) (e) (f) (g) (a)Page 89 of 204 An Employee (other than a Casual Employee) that identifies as transgender and who is undertaking a Gender Affirmation/ Transition, may request: (i) Up to four (4) weeks’ paid Gender Transition Support Leave, which counts as service for all purposes; and (ii) Up to forty-eight (48) weeks unpaid Gender Transition Support Leave which does not count as service for the purposes of clause 62 (Long Service Leave). The paid leave provided under this clause 70 is in addition to any existing entitlements and may be taken as consecutive days, single days or as a portion of a day. An Employee may use a combination of paid and unpaid leave entitlements during their Gender Transition Support Leave so long as the total period of absence does not exceed fifty-two (52) weeks. This leave may be taken as a either a single period of absence or multiple periods of absence. 70.3 Application An Employee who makes a request for leave under clause 70.2 must do so in writing to the Employer, providing at least four (4) weeks’ notice from the planned commencement of Gender Transition Support Leave. The application must include details regarding: (i) the reasons for taking the leave; and (ii) the specific period/periods of absence. If the Employee does not provide the minimum notice at subclause 70.3(a), the Employer will consider whether the leave request can be approved having regard to operational requirements. Leave will not be unreasonably refused. The Employer will provide a written response to the Employee within 21 days of receiving the written application from the Employee. Where requested by the Employer, an Employee must provide evidence that would satisfy a reasonable person that the Employee is taking leave for Gender Affirmation/Transition. Evidence that would satisfy a reasonable person includes: (i) a medical certificate from a registered health practitioner; or (ii) a Statutory Declaration signed by the Employee. 70.4 Changes to gender on employee records An Employee who requests to have their gender changed on their personal employee record may do so by providing the Employer with any of the following forms of evidence: (i) a statement from a registered medical practitioner or a registered psychologist; (ii) a valid Australian government travel document, such as a current passport, that specifies their affirmed gender; (a) (b) (c) (a) (b) (c) (d) (a) ( 2 ) (b) (c) (a) (b) (c) (d) (a)Page 90 of 204 (iii) an amended state or territory birth certificate that specifies their affirmed gender; (iv) a state or territory gender recognition certificate; (v) a recognised details certificate showing that a state or territory Registry of Births, Deaths and Marriages has accepted a change of sex. The Employer will develop guidelines to supplement this clause which details the appropriate action to be taken in the event that an Employee initiates Gender Affirmation/Transition. 71. NATURAL DISASTER LEAVE 71.1 Definition State of Disaster means the Victorian Premier has declared a state of disaster in accordance with the Emergency Management Act 1986 (or as varied). disaster area means that part or those parts of Victoria in which a state of disaster is declared under the Emergency Management Act 1986 (or as varied). 71.2 Entitlement 71.3 Natural Disaster Leave of up to 3 days per calendar year is available where: the Employee is a full time or part time employee; a State of Disaster has been declared in the locality where the Employee usually resides or in the locality of the Employee’s usual place of work; and as a direct result of this natural disaster the Employee is unable to attend work or work from another location, including home-based work. 71.4 Where the Employee’s usual place of work has been declared a disaster area and work is unable to be continued at these premises, the employer may direct the Employee to work from another location within reasonable travelling distance, taking into account the Employee’s personal circumstances. 71.5 Where an Employee needs to access Natural Disaster Leave, the Employee must notify the Employer prior to the commencement of their rostered shift or as soon as reasonably practicable. 71.6 The Employer may refuse a request made under subclause 71.4 on reasonable business grounds. 71.7 Payment of Natural Disaster leave will be calculated on the number of ordinary hours that the Employee was rostered to work on the day, multiplied by 1/38th of the weekly wage rate for their classification pursuant to Schedule G. 71.8 Natural Disaster leave is non-cumulative and is not paid out on termination of employment. 72. CAREER BREAK LEAVE 72.1 An Employee may apply for an extended period of unpaid leave up to 12 months, in addition to any accrued annual and long service leave. (b) (a) (b) (a) (b) (c) (b) (a) (b) (a) (b) (c)Page 91 of 204 72.2 An Employee must have at least 12 months continuous service immediately prior to taking the break 72.3 Authorised career break does not break the continuous service of employment, but it is not counted in calculation an Employee’s period of service for any purpose. 72.4 An Employee will be entitled to return to their previous role following a career break of 12 months or less. 72.5 The Employer may refuse a request for Career Break leave on reasonable business grounds.Page 92 of 204 PART 8 – UNION FACILITATION 73. RIGHT OF ENTRY 73.1 A duly accredited representative of the Union shall upon the production of their authority, have the right to enter any place or premises where Employees are employed at any time during normal working hours or when shiftwork or overtime work is being performed for the purpose of investigating suspected breaches, for OHS purposes to hold discussions with any Employee who wishes to participate in those discussions, provided that such entry does not unduly interfere with the work being performed by any Employee during working time. 73.2 Unless otherwise agreed, an accredited representative of the Union shall provide a minimum of 24 hours’ notice of their intention to enter the Employer’s premises prior to doing so. 74. ORIENTATION/INDUCTION PROGRAMMES 74.1 For the purposes of facilitating the orientation of new Employees and in particular to familiarise new Employees with the operation of this Agreement, the Union will be provided with the dates, times and venues of any orientation/induction programmes involving new Employees in writing on a quarterly basis and be permitted to attend such programmes. 74.2 If the dates of these orientation/induction programmes are fixed in advance for a regular day and time then the Employer will provide this information to the Union as soon as possible. 74.3 Where the dates of orientation/induction programmes involving Employees are not fixed in advance, at least 14 days’ notice will be given to the Union of the dates, times and venues of such programmes to enable a Union representative to attend. 75. RESOURCES AND FACILITIES 75.1 The Union is to be given access to the Employees of the Employer. 75.2 The following persons will be provided with access to resources and facilities, such as telephones, computers, e-mail, noticeboards (including virtual noticeboards) and meeting rooms in a manner that does not adversely affect service delivery and work requirements. Union Officials; and Union Delegates; and Health and Safety Representatives (HSRs). 75.3 In addition to other leave entitlements, Union Delegates and HSRs are to have reasonable time release from duty to attend to matters relating to industrial, occupational health and safety or other relevant matters such as attending local committee meetings, assisting with grievance procedures, attending hospital committees etc. subject to operational considerations. Such release shall not be unreasonably withheld by the Employer. 75.4 Where management requires Union representatives to attend management meetings outside of paid time they will be paid to attend. (a) (b) (c) (a) (b) (c)Page 93 of 204 76. PAID UNION MEETINGS 76.1 In order for the Employer to approve paid meetings between the Union and its members, the Union must meet the following requirements: the Employer is given reasonable notice that such a meeting is to be held; and the reason/s for the meeting is also to be provided to the Employer with the notice; the location for the meeting is to be agreed between the Union and the Employer; an acceptable level of staffing will be maintained; where possible meetings will occur at times least disruptive to service delivery; the duration of the paid meeting will not exceed half an hour except where agreed by the Union and the Employer; the Employees will return to work without industrial action or threat of industrial action. 77. UNION TRAINING LEAVE 77.1 An Employee may be granted Union Training leave on full pay for up to ten (10) days in any one calendar year, subject to the Employer being satisfied that: the course of training is likely to contribute to a better understanding of industrial relations; or in the case of a duly elected HSR nominated to attend an occupational health and safety course, is likely to assist the Employee to discharge their functions as a health and safety representative; and provided that the granting of leave will not unduly affect the operations of the Employer. 77.2 Reasonable time release from duty to attend to matters relating to industrial relations and occupational health and safety in their workplace. Where such representatives are required to attend management meetings outside of paid time they will be paid to attend. 77.3 This leave shall be deemed to be service and shall not adversely affect employment for any purpose. 77.4 Unused leave will not accrue from year to year. 77.5 The Employer shall not alter the position of the Employee to the detriment of the Employee by reason only that the Employee is attending an education or training course covered by this clause. 77.6 Such leave shall be granted under the following conditions: that all applications for such leave shall be accompanied by a statement from whom the Employee has been nominated for the course and written evidence that the course has been approved/endorsed by the ACTU Education and Campaign Centre; (a) (b) (c) (d) (e) (f) (g) (a) (b) (c) (a) (a) (b) (c) (d) (e) (f) (g) (a) (b) (c) (a)Page 94 of 204 that leave of absence granted under this provision shall be with full pay, being the Agreement rate of pay for normal rostered hours plus experience payments and allowances which are ordinarily paid, but excluding overtime; that expenses associated with attendance at the training course or seminar such as fares, accommodation and meal costs are not the responsibility of the Employer; leave of absence granted under this provision shall include any necessary travelling time in normal hours immediately before or after the course; and that a minimum of two (2) weeks' notice shall be provided to the Employer. 78. NOTICEBOARDS 78.1 The Employer will establish a noticeboard in each department/section for the use of the Union, unless otherwise agreed. 79. UNPAID BRANCH COMMITTEE OF MANAGEMENT LEAVE (EMPLOYEES HOLDING OFFICIAL UNION POSITIONS) 79.1 The Employer will, on application by the Union, grant unpaid leave (including reasonable travelling time) to an Employee for the purpose of fulfilling their duties as an official of the Union Branch Committee of Management or Union delegate to the Health Services Union National Council. For a member of the Union Branch Committee of Management this currently involves 11 full day meetings per year. (b) (c) (d) (e) (b) (c) (d) (e)Page 95 of 204 PART 9 – CONDITIONS OF EMPLOYMENT SPECIFIC TO MANAGEMENT AND ADMINISTRATIVE OFFICERS 80. APPLICATION 80.1 This Part 9 applies only to Management and Administrative Officers classified under Schedule B of this Agreement. 81. STUDY LEAVE 81.1 Paid study leave will be available to full-time and part-time Employees of up to 4 hours per week for 26 weeks per annum, at the Employer’s discretion. 81.2 Paid study leave may be taken as mutually agreed by, for example, 4 hours per week, 9 hours per fortnight or blocks of 38 hours at a residential school. 81.3 A part-time Employee will be entitled to paid study leave on a pro-rata basis. 81.4 An Employee wishing to take study leave in accordance with this clause must apply in writing to the Employer as early as possible prior to the proposed leave date. The Employee’s request should include details of: the proposed course and institution in which the Employee is enrolled or proposes to enrol; and the relevance of the course to the Employee’s profession. 81.5 The Employer will notify the Employee of whether their request for study leave has been approved within 7 days of the application being made. 81.6 Leave pursuant to this clause does not accumulate from year to year. 82. EXAMINATION LEAVE 82.1 An Employee shall be granted leave on full pay in order to attend examinations necessary to obtain higher qualifications in such courses as are undertaken with the knowledge and approval of the Employer. 82.2 The amount of leave shall be such as to allow the Employee to proceed to and from the place of examinations and in addition allow three clear working days other than a Saturday or a Sunday for pre-examination study if this is so desired. 82.3 Any leave granted under the provisions of this clause shall be in addition to annual leave granted pursuant to clause 57 (Annual Leave). 82.4 Leave with pay granted under the provisions of this clause shall not exceed six (6) clear working days per year. Chief Executive Officers and Deputy CEOs, other than those covered by Government Sector Executive Remuneration Panel (GSERP) policies, shall not be subject to this examination leave maximum. 83. TRAVELLING ALLOWANCES 83.1 Should an Employee be required to use their vehicle for transport from home to place of work and return outside of normal hours, the Employee is to receive such allowance (a) (b) (a) (b)Page 96 of 204 corresponding with the mileage rates as set out in clause 6 (as applicable) of the rates table in Schedule G. 83.2 An Employee who is recalled to the workplace for any purpose shall be provided with appropriate transport for the outward and return journeys, upon request. The cost of such transport shall be met by the Employer. 83.3 Where an Employee is required to travel during ordinary hours for work-purposes, they shall be provided with appropriate transport. The cost of such transport shall be met by the Employer. 83.4 Notwithstanding anything contained in clause 83.3, where the Employer does not provide transport for work-related travel and an Employee agrees to their own motor vehicle, they shall be paid the vehicle allowances set out in clause 6 (as applicable) of the rates table in Schedule G. 83.5 An Employee required to travel on business in the performance of their duties shall be reimbursed all reasonable travelling expenses necessarily incurred. 84. REMOVAL EXPENSES 84.1 Where an Employee is required to transfer to an alternate work location that is more than 48 kilometres from the place where the Employee has been employed for a period of at least two years, such Employee shall be reimbursed reasonable removal expenses by the Employer to which the Employee transfers 84.2 Provided that in the case of a transfer where an Employee is required by their new Employer to reside at a distance less than 50 kilometres from their former residence the Employee shall not be reimbursed reasonable removal expenses. 85. CHIEF EXECUTIVE OFFICERS 85.1 The terms and conditions of employment for Chief Executive Officers ("CEO") will, in respect of remuneration and related conditions, be those provided for by the Public Entity Executive Remuneration Contract (PEER Contract). 85.2 Clause 85.1 excludes CEOs of "stand alone" community health services and/or CEOs whose terms and conditions are not covered by a PEER contract. 85.3 Despite clause 85.1, any further PEER contract offered by an Employer to an existing Employee whose employment is governed by a PEER contract in existence at the date of certification of this Agreement will not reduce the total remuneration package applicable to that Employee.Page 97 of 204 PART 10 – CONDITIONS OF EMPLOYMENT SPECIFIC TO HEALTH AND ALLIED SERVICES EMPLOYEES 86. APPLICATION 86.1 This Part 10 applies only to Health and Allied Services Employees classified under Schedule C of this Agreement. 87. AMENITIES 87.1 All Employees shall have access to appropriate amenities, such as restrooms, shower rooms (where necessary) and lunch rooms. 88. ROSTERS 88.1 A roster of at least 14 days’ duration shall be posted at least 14 days before it comes into operation at each work location in a place where it may be readily seen by such Employees and the Secretary or other accredited representative of the Health Services Union. 88.2 Rosters shall set out the Employees’ daily ordinary hours of work, start times, finish times and meal intervals. 88.3 Seven days’ notice shall be given of a change in roster, except in emergency situations. 88.4 Change of roster Where the Employer requires an Employee, without seven (7) days’ notice and outside the expected circumstances in clause 88.3 above, to perform ordinary duty at other times than those previously rostered, the Employee shall be paid in accordance with the hours worked plus a daily change of roster allowance pursuant to clause 6 of Schedule G. Provided that a part-time Employee who agrees to work shift(s) in addition to those already rostered will not be entitled to the Change of Roster allowance for the additional shift(s) worked. The Change of Roster allowance in clause 88.4(a) is calculated at a rate of 2.5% of the weekly wage rate payable for the “Patient Services Assistant Level 2” classification pursuant to clause 4 of Schedule G. 88.5 An Employee may apply in writing to the Employer to have their roster fixed by the provisions of clause 88.6 below in lieu of clauses 88.1 to 88.4 above. 88.6 Rosters shall be fixed by mutual agreement, subject to the provisions of this Agreement. 88.7 An Employee may repudiate a request made under clause 88.5 at any time, by giving written notice to the Employer. In such a case the roster of the Employee shall be determined according to clauses 88.1 to 88.4 from the commencement of the next full roster period, being not less than five (5) clear days after such repudiation is received in writing by the Employer. 88.8 Rosters will be drawn up so as to provide at least eight (8) hours between successive periods of ordinary duty. (a) (b) (c) (a) (b) (c)Page 98 of 204 89. WASH-UP TIME 89.1 Where necessary, an Employee shall be entitled to cease work ten minutes before their rostered finishing time to enable the Employee to wash or to change their clothes. 90. MAKE UP TIME 90.1 An Employee may elect, with the consent of the Employer, to work make up time under which the Employee takes time off during ordinary hours and works those hours at ordinary time rate at a later, during the spread of ordinary hours. 91. TIME AND WAGES RECORDS 91.1 The Employer shall provide and cause to be kept time and wages records in which each Employee shall enter their daily starting and finishing times. 91.2 Time and wage records will be maintained and retained for a minimum of seven years. 91.3 Time and wages records shall be available for inspection by an accredited representative of the Health Services Union, in accordance with the requirements of the Fair Work Act 2009. 92. STAFFING LEVELS & WORKLOAD MANAGEMENT 92.1 The parties are committed to maintaining adequate staffing levels in order to promote an appropriate working environment for staff and ensure adequate levels of patient/client care. 92.2 The parties acknowledge that staff and management have a responsibility to maintain a balanced workload appropriate for the delivery of high quality patient/client care. 92.3 Where an Employee feels the workloads are unreasonably heavy on a regular basis, then they have a responsibility to discuss their concerns with the Employer. 92.4 The Employer has a responsibility to facilitate Employees in raising concerns relating to workload, to respond to issues raised by Employees promptly and take appropriate action. 93. PLANNED AND UNPLANNED ABSENCES 93.1 The Employer agrees to replace staff on planned or unplanned absences, where practicable. 93.2 The Employer will endeavour to maximise the use of permanent, full-time and part-time Employees to replace staff on planned and unplanned absences. 93.3 The engagement of casual Employees will be in accordance with the spirit and intent of clause 22 (Casual Employment). 93.4 Where additional shifts are required to replace planned and unplanned absences, the Employer will give preference to existing part-time Employees to work such shifts. If this is not possible, the Employer may use casual Employees as an interim measure, in classifications where casuals are available.Page 99 of 204 93.5 Agency staff should only be used for unexpected absences, such as sick leave, where the Employer is unable to replace the Employee with either part-time or casual Employees. 93.6 In the event that particular staffing issues are identified at individual health care facilities the Employers agree to consult with Employees and the Union in relation to any matters raised, under the existing consultative arrangements. 94. DUAL PART-TIME APPOINTMENTS 94.1 A person engaged in two classifications on a part-time basis shall be paid at the appropriate classification rate for the actual hours worked in each classification. 95. STUDY LEAVE 95.1 Employee will be entitled to four (4) hours paid study leave per week up to a maximum of 26 weeks per annum, where undertaking study at Australian Qualification Framework Level 3 or above with an education institution or approved provider. 95.2 Paid study leave may be taken as mutually agreed by, for example, 4 hours per week, 8 hours per fortnight or in blocks of 38 hours. 95.3 A part-time Employee shall be entitled to paid study leave on a pro-rata basis. 95.4 An Employee wishing to take study leave must apply in writing to the Employer as early as possible prior to the proposed leave date. The Employee’s request should include: details of the course and institution in which the Employee is enrolled, or proposes to enrol; and details of the relevance of the course to the Employee’s profession. 95.5 The Employer will notify the Employee of whether or not their request for study leave has been approved within 7 days of the application being made. 95.6 Where the course of study is of relevance to the Employee’s employment, the Employer shall not withhold consent. 95.7 Where the number of staff seeking to take study leave at any one time causes operational difficulties, the Employer and Employee(s) concerned shall seek to reach agreement at a local level about the timeframe in which the leave is taken. 95.8 In all circumstances, the leave will be made available to the Employee(s) in the year in which application is made. 95.9 Any dispute arising under this clause 95.5 shall be resolved in accordance with clause 12 (Dispute Settling Procedures). 95.10 Paid study leave pursuant to this clause does not accumulate from year to year. 96. EXPERIENCE PAYMENTS 96.1 The experience payments in clause 6 of Schedule G shall be added to the ordinary time rates of pay and paid for all purposes for all Employees, other than: (a ) (b) (a) (b)Page 100 of 204 Qualified interpreters/translators who are eligible for payment of the Interpreters Allowances in accordance with clause 98. 97. COOKING TRADE PROFICIENCY PAYMENTS 97.1 This proficiency pay scheme applies to apprentices who started attending trade class from 1979 and who have undertaken the standard cooking course and attained the standard of proficiency. 97.2 This proficiency pay scheme does not apply to apprentices who have undertaken the pilot course conducted at William Angliss College in 1983. 97.3 Standard of Proficiency Apprentices will have reached the standard of proficiency in each year of the course when they have passed in the first, second and third years the subjects prescribed from time to time by the State Training Board and attained an average mark of not less than 70 per cent for those subjects. The subjects must be passed at the first attempt. 97.4 Proficiency Pay 97.5 This scheme provides for the payment of tradesperson’s rates of pay to apprentices during the fourth year of the apprenticeship where the standard of proficiency has been attained on one, two or three occasions on the following basis: on one occasion only – for the first nine (9) months of the fourth year of the apprenticeship, the normal fourth year rate of pay. Thereafter, the “Trade Cook” rate of pay pursuant to clause 6 of Schedule G. on two occasions – for the first six (6) months of the fourth year of the apprenticeship, the normal fourth year rate of pay. Thereafter, the “Trade Cook” rate of pay pursuant to clause 6 of Schedule G. on all three occasions – for the entire fourth year at the “Trade Cook” rate of pay pursuant to clause 6 of Schedule G. 98. INTERPRETER ALLOWANCES 98.1 Any person employed as a qualified interpreter/translator and who is accredited by the National Accreditation Authority for Translators and Interpreters (NAATI) shall be paid an Interpreter Allowance per week pursuant to clause 6 of Schedule G. 98.2 The amount payable per week under clause 98.1 above is dependent upon the Employee’s level of accreditation by NAATI and their years of experience. 98.3 The Interpreter Allowances shall be additional to any other allowance to which the Employee is entitled under this Agreement, and shall be considered part of the normal weekly rate of pay for all purposes. 98.4 Employees who are eligible for payment of the Interpreter Allowances shall be ineligible for the experience payments in clause 6 of Schedule G. (a) (a) (a) (b) (c) (a) (a) (a) (b) (c)Page 101 of 204 99. HEAT ALLOWANCE 99.1 Where work continues for more than two (2) hours in temperatures exceeding 46 degrees Celsius Employees shall be entitled to 20 minutes rest after every two (2) hours work without loss of pay. 99.2 It shall be the responsibility of the Employer to ascertain the temperature. 99.3 The heat allowances in clause 6 of Schedule G shall be paid to Employees who were employed at their current place of work prior to 8 August 1991: Where an Employee works for more than one hour in the shade in places where the temperature is raised by artificial means and exceeds 40 degrees Celsius but does not exceed 46 degrees Celsius; or Where an Employee works for more than one hour in the shade in places where the temperature is raised by artificial means and exceeds 46 degrees Celsius. 100. NAUSEOUS WORK ALLOWANCE 100.1 Employees shall be paid a Nauseous Work Allowance pursuant to clause 6 of Schedule G for all time during which they are engaged in handling linen of a nauseous nature, other than linen sealed in airtight containers. 100.2 The amount of Nauseous Work Allowance payable is dependant on the classification of the Employee concerned, with a different amount payable to Employees classified as Nursing Attendant compared with all other Employees. 100.3 The “Nauseous Work Allowance – All Other Employees” shall be paid to an Employee in any classification for work that is of an unusually dirty or offensive nature having regard to the duty normally performed by such Employee in such classification. Provided that, an Employee who is paid the nauseous work allowance prescribed in clause 100.1, shall not be entitled to be paid an allowance under clause 100.3 for the same work. 100.4 The nauseous work allowance is payable per hour, or part thereof, in addition to the rates prescribed elsewhere in this Agreement. The weekly allowance is the minimum amount payable for work performed in any week. 101. SENIORS ALLOWANCE 101.1 An Employee who is appointed as a Senior will have their classification preceded by the word Senior and shall be paid an allowance of 10 per cent of the base rate payable for their classification pursuant to clause 6 of Schedule G. 101.2 Appointment to a position preceded by the word Senior will only be made where the work performed by such Employee represents a net addition to the work value of the substantive role in a similar area or areas. Indicia of a new addition to work value may include: the performance of additional duties or functions; the assignment of a special project; or an increased emphasis on the performance of core functions already undertaken by Employees in the relevant classification. (a) (b) (a) (b) (c) (a) (b) (a) (b) (c)Page 102 of 204 101.3 A net addition to the work value of the substantive role of an Employee would be characterised by the following: the additional functions or duties are a regular and ongoing requirement; and experience in the role commensurate with this clause, coupled with on the job training where provided by the Employer; and the necessity for additional training in a particular aspect of the role above that which is required to fulfil the role of an Employee employed in a similar area(s); and a greater level of judgement is required from the Employee, whereby the Employee is capable of making independent decisions to a degree not generally expected of an Employee employed in a similar area(s); and a higher degree of accountability is expected for work undertaken, such that the Employee is clearly performing at a level above that of the Employee’s peers employed in a similar area(s) by the Employer. 101.4 The Seniors Allowance shall be additional to any other allowance to which the Employee is entitled under this Agreement. 102. TOOL ALLOWANCE 102.1 Employees who are classified as chefs and cooks under Schedule C, who are not supplied with the necessary tools to perform their duties by the Employer, shall be paid a Tool Allowance per week pursuant to Schedule G. 102.2 The Tool Allowance is compensation for the supply and maintenance of tools. 103. IN CHARGE ALLOWANCES 103.1 An Employee shall be paid an In-charge Allowance where they are appointed or delegated to exercise control over other Employees, as follows: Extent of control: % Allowance In charge of 1 to 9 other Employees 7% In charge of 10 to 29 other Employees 10% In charge of 30 or more Employees 15% 103.2 Provided that clause 103 does not apply to the following classifications of Employee: Chef Grade A Chef Grade B Chef Grade C Chef Grade D Second Grade Cook Grade A Second Grade Cook Grade B (a) (b) (c) (d) (e) (a) (b) (c) (d) (e) (f) (a) (c) (e) (a) (e) f)Page 103 of 204 Second Grade Cook Grade C Second Grade Cook Grade D Gardener Superintendent General Service Supervisor Food Services Supervisor Clerical Worker Grade A Personal Care Coordinator/Supervisor Technical, Therapy and Personal Care Supervisor 103.3 The percentage In-charge Allowance is calculated on the base rate payable to the Employee pursuant to clause 6 of Schedule G. 103.4 The In-Charge Allowance shall be additional to any other allowance to which the Employee is entitled under this Agreement. 104. TRAVELLING ALLOWANCES 104.1 When an Employee is travelling whilst on duty, if the Employer cannot provide the appropriate transport, all reasonably incurred expenses in respect of fares, meals and accommodation will be met by the Employer on production of receipted accounts, or other evidence acceptable to the Employer. 104.2 An Employee shall not be entitled to reimbursement for work-related travelling expenses that exceed the mode of transport, meals or the standard of accommodation agreed for the purpose with the Employer. 104.3 Where an Employer requires an Employee to use their own motor vehicle in the performance of their duties, such Employee shall be paid the per kilometre vehicle allowances pursuant to clause 6 of Schedule G. 105. TRAINEES 105.1 A trainee who performs work in classifications covered by this agreement shall be employed in accordance with the principles outlined in the Memorandum of Understanding (MOU) between the Government of Victoria and the Victorian Trades Hall Council regarding the Government Youth Employment Scheme (now known as the Victoria works for young people program), which is Schedule G to this Agreement. 105.2 All trainees and apprentices will be engaged under an appropriate state or federal traineeship scheme and paid no less than the rates contained in Schedule G (National Training Wage of the Miscellaneous Award 2010. 106. JUNIORS, TRAINEES AND APPRENTICES 106.1 Apprentice conditions of employment All training fees charged for prescribed courses and other reasonable ancillary training expenses (including the cost of prescribed textbooks), which are paid by an (g) (h) (i) (j) (k) ( I) (m) (n) (a) (g) (h) (i) (i) (k) (1) (m) (n) (a)Page 104 of 204 apprentice, will be reimbursed by the Employer on production of receipts, unless there is unsatisfactory progress. An Employer may meet its obligations by paying any fees and/or cost of textbooks directly to the training provider. An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment associated with their training contract. For the purpose of the agreement, time spent attending training and assessment will be considered as time worked. No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract. 106.2 Adult Apprentices The rate of pay for an adult apprentices in the first year of their apprenticeship 80% of the Trade Cook rate (Wage Skill Group 7) and in the second and subsequent years of their apprenticeship, the rate at Wage Skill Group 1 or the rate prescribed for an Apprentice Cook for the relevant year of the apprenticeship, whichever is the greater. Where an adult apprentice was an Employee for a period of at least six months immediately prior to becoming an apprentice, they will not suffer a reduction in their base rate of pay on entering into the training agreement. 106.3 Junior Employees (Excluding Junior Assistant Gardeners) Junior Employees (other than junior Assistant Gardeners) shall be paid a percentage of the appropriate rate pursuant Schedule G for their classification as follows: Year of experience: % Rate First year of experience 70% Second year of experience, or at age 19, whichever occurs first 80% Third year of experience 90% Fourth year of experience, or at age 20, whichever occurs first 100% 106.4 Junior Assistant Gardeners Junior Assistant Gardeners shall be paid a percentage of the “Assistant Gardener” rate pursuant to Schedule G as follows: Year of experience: % Rate First year of experience 70% Second year of experience 80% Third year of experience 90% (b) (c) (d) (a) (b) (a) (a) (a) (a)Page 105 of 204 Fourth year of experience, or at age 19, whichever occurs first 100% 106.5 Apprentice Cooks Apprentice Cooks shall be paid a percentage of the “Trade Cook” rate pursuant to of Schedule G as follows: Year of experience: % Rate First year of experience 55% Second year of experience 65% Third year of experience 80% Fourth year of experience 95% 107. DEDUCTION FOR BOARD AND LODGING 107.1 Where the Employer provides board and lodging, the wage rates prescribed in Schedule G shall be reduced by the following amounts: 107.2 Type of Employee Amount Employees receiving full adult rate of pay $19.16 Juniors and trainees $ 8.94 108. OCCUPATIONAL HEALTH AND SAFETY 108.1 The parties to this Agreement are committed to a pro-active approach in the prevention and management of workplace injuries amongst Employees, and to the achievement of a reduction in workplace injuries through the implementation of risk management systems incorporating hazard identification, risk assessment and control, and safe work practices. The Employer will implement the hierarchy of controls to control hazards, and will eliminate the hazard at the source wherever practicable. 108.2 The parties are committed to the observance of safe working practices, the correct use of all personal safety equipment and to the safety and good health of all Employees. 108.3 The provisions of this part of Part 10 shall be read and interpreted in conjunction with the Occupational Health and Safety Act 2004 (Victoria) as varied from time to time and the Accident Compensation Act 1985 (Victoria) as varied from time to time, provided that where there is any inconsistency between a provision of this agreement and the aforementioned Victorian Acts, the Victorian Acts shall prevail to the extent of any inconsistency. 108.4 The parties to Part 10 recognise that consultation with Employees and their representatives is crucial to achieving a healthy and safe work environment for health and allied services Employees. To this end the parties to, Part 10 recognises that Employers and Employees must cooperate to control and manage health and safety hazards in the workplace. Hazards include, but are not exclusive to: (a) - (a)Page 106 of 204 manual handling; blood borne and other infectious diseases; needle stick injuries; violence and aggression; hazardous substances; and security. 108.5 The Employers are committed, in consultation with the Union, to the development and maintenance of appropriate practices and protocols for Employees working in extreme heat, consistent with the duty of care provided for in the OHS Act. 108.6 The parties agree that the Union shall negotiate Designated Work Groups and conduct elections for Health and Safety Representatives in accordance with the provisions of the Occupational Health & Safety Act 2004. 108.7 Designated Work Groups Where Union members constitute the majority of the workforce within a designated work group, the Employer shall maintain a system of agreed designated work groups (DWGs) with the Union. The Employer shall consult with Employees in relation to the establishment variation of designated work groups and, where an Employee requests, the Union. In determining the composition of DWGs, the following considerations shall, where practicable, be taken into account: (i) the specific needs, conditions and hazards affecting Employees in the area(s) concerned; (ii) the working arrangements, including shiftwork, of Employees in the area(s) concerned; (iii) the accessibility of health and safety representatives to Employees in the area(s) concerned; and (iv) the geographical layout of the workplace. 108.8 Health and Safety Representative Election Process The method of conducting the election shall be determined in consultation with the Employer and Employees of the DWG concerned. Where the majority of Employees of a DWG are members of the Union, the Union shall, where requested by the staff, conduct the election. 108.9 Health and Safety Representative Training When attending an approved course, health and safety representatives shall be paid their normal/expected earnings during course attendance, including pay entitlements relating to shift work, regular overtime, higher duties, allowances or penalty rates that would have applied had the health and safety representative been at work. (a) (b) (c) (d) (e) (f) (a) (b) (c) (a) (a) (a) (b) (c) (d) (e) (f) (a) (b) (c) (a) (a)Page 107 of 204 Where health and safety representatives attend an approved course outside their normal working hours, they shall be paid as if they had been at work for the relevant time, including the relevant overtime rates, higher rates, allowances or penalty rates. This might apply when a health and safety representative: (i) normally works two days a week attends a block five-day course; (ii) has a rostered day off during the course; and (iii) has a shift that does not overlap, or overlaps only marginally, with the course’s hours. Rosters or shifts shall be altered where necessary to ensure that health and safety representatives are not exposed to extra risks from fatigue due to working extended hours or shiftwork while attending a training course. The Employer shall pay course fees for selected approved courses. Health and safety representatives shall have the right to choose which course to attend, provided it is an approved course. The Employer shall provide such information, instruction and training to all Employees employed by the Employer, as is required to enable them to perform work in a manner, which is safe and minimises risks to health. Information, education and training shall be provided on a regular basis as is required to enable Employees to remain informed in relation to health and safety hazards, policies and procedures. 108.10 Reporting Incidents, Accident Investigation and Prevention: The Employer shall encourage early reporting of incidents by Employees and ensure that Employees who report incidents are appropriately supported. This will include appropriate time from regular duties to report, and administrative assistance in filling out forms (whether on paper or online). Affected Employees will have access to any report prepared under this subclause. Following an incident or injury affecting staff, the Employer shall take appropriate action to prevent further injury to staff, including conducting a worksite assessment where practicable and implementing workplace modifications to ensure a healthy and safe work environment for staff. The Employer shall provide information, instruction and training to Employees and management staff regarding the importance of early reporting, procedures regarding incident reporting and how this feeds into accident investigation and prevention. 108.11 Workers Compensation, Rehabilitation and Return to Work The Employer is committed to the principles of early intervention such as to facilitate the effective occupational rehabilitation of Employees. The Employer shall appoint a Return to Work Coordinator who shall have sufficient knowledge of occupational rehabilitation legislation, regulations and guidelines to undertake the task. (b) (c) (d) (e) (f) (a) (b) (c) (a) (b) (b) (c) (d) (e) (f) (a) (b) (c) (a) (b)Page 108 of 204 Employees shall have the right to have a Union representative present at any interview arranged by their Employer regarding their return to work or rehabilitation, including monitoring or review of their return to work program. When arranging such interviews, the Employer shall advise the Employee that they may have a Union representative present. The Employer shall where practicable provide to the Employee at least 7 days notice of such interviews occurring. The Employer shall not seek to change the Employee’s duties, hours or other aspects of the Employee’s employment or return to work plan without consulting with the Employee. A representative of the Union may be involved in any negotiations or discussions regarding any such proposed changes, at the request of the Employee. The Employer or insurer may pay for any re-training or re-education, which is required to assist the Employee to remain at work or return to work in suitable employment in accordance with guidelines issued by the Victorian WorkCover Authority to its agents. Approval for such re-training or re-education may be requested by the Employee, their treating practitioner, or any other Victorian WorkCover Authority approved service provider, individual or agency, on behalf of the Employee. Where it has been established that an Employee has a permanent injury or condition which prevents them returning to their pre-injury employment, the Employer shall ensure that the Employee is advised of all vacancies as they become available. At the request of the Employee, the Employer shall notify the Union before any action is taken to terminate, permanently redeploy, permanently relocate or otherwise permanently change the employment status of an injured Employee, and shall consult with the Union, the Employee, the rehabilitation provider, and the treating doctor, to determine all possible options for rehabilitation, return to work, including vocational assessment, retraining and re-education, prior to such action being taken. (c} (d} (e) (f) (g) (c) (d) (e) (f) (g)Page 109 of 204 PART 11 – CONDITIONS OF EMPLOYMENT SPECIFIC TO DENTAL ASSISTANTS ONLY 109. APPLICATION 109.1 This Part 11 applies only to all Dental Assistants who are classified under Schedule D of this Agreement. 110. CLINICAL SERVICES ENHANCEMENT/ JOB ROTATION 110.1 In order to achieve (or maximise) clinical delivery outcomes and priorities, an Employee shall be available to transfer through all clinical areas as determined by operations/department/unit managers/clinical coordinators. 110.2 A Dental Assistant may be rotated for the purpose of clinical skill enhancement, training in clinical and related procedures and personal career development. 110.3 By mutual agreement, a Dental Assistant may be rotated for the purpose of targeting resources to rural regions of greatest need. Reimbursement of expenses, excess travelling time and/or cents per kilometre (as per the Employer’s policy) shall, if applicable, apply to such rotations. 111. ROSTERS 111.1 Roster changes will be made with at least 14 days notice, save for operational emergency situations. 112. MAKE UP TIME 112.1 An Employee may, with the agreement of the Employer, work make up time under which the Employee takes time off during ordinary hours and works those hours at ordinary time rate at a later, mutually agreed time or times. 112.2 Any agreement on make up time shall be in writing and retained on the Employee’s personal file. 113. CHRISTMAS/ NEW YEAR CLOSURE 113.1 Where the Employer closes one or more of its operations over the Christmas/New Year period and provided not less than 4 weeks’ notice in writing to affected Employees, such Employees will be afforded the option of utilising Annual Leave, Time in Lieu, Accrued Days Off for the period of closure or, in the event of insufficient credits, leave without pay or leave in advance of its accrual subject to subclause 57.9. 114. REIMBURSEMENT OF EXPENSES 114.1 Authorised work-related expenses incurred by an Employee shall be reimbursed in accordance with the Employer’s Reimbursement of Expenses policy, as varied from time to time. 115. OVERPAYMENT OF WAGES 115.1 In the event of overpayment of wages, the Employer may recover by instalments up to 10% of gross salary until the overpayment has been recovered.Page 110 of 204 115.2 Prior to recovery of an overpayment of wages, the Employer will discuss the time period for recovery with the Employee. 116. STAFFING FLEXIBILITY 116.1 The Employer may direct an Employee to carry out duties that are incidental and peripheral to the work normally performed, where those duties are within the Employee’s skill, competence and training and are consistent with the classification structure in Schedule D. 116.2 The parties recognise the optimum staffing arrangement is for a Dental Assistant to work with a dedicated Dental Therapist whilst performing clinical duties. The Employer will continue to work towards implementing the optimum staffing arrangement. 116.3 There will be circumstances (for example short term unplanned absences) that necessitate a Dental Assistant working temporarily in a two-Dental Therapist-to-one- Dental Assistant staffing configuration. In such circumstances, Employees shall be flexible in relation to staffing arrangements. 117. PERFORMANCE MANAGEMENT 117.1 The Employer applies a Performance Management Process in respect of full time and regular part time Employees. 117.2 The Employer and Employees are committed to improved productivity, workplace skills, and effectiveness and Employee motivation. To this end, Dental Assistants employed under this Agreement agree to participate in the Employer’s performance management system. This includes, but is not limited to, the use of work performance plans. 118. WORK RELATED TRAVEL 118.1 Use of Own Vehicle In accordance with the Employer’s Reimbursement of Expenses policy, as varied from time to time, where an Employee is required to work at a location that involves travel using their own motor vehicle, and such travel is in excess of their nominated daily threshold, they will be entitled to claim travel expenses for the distance travelled in excess of the threshold. The daily threshold for all Employees is 40 kilometres, with the exception of those Employees who reside more than 20 kilometres from their designated base work location. In these circumstances, the threshold is the distance from home to that base work location and return. In addition to 118.2(a) and 118.2(b)above, where an Employee is required to travel from one work location to another throughout the day, using their own motor vehicle, the distance is fully claimable. The vehicle allowances payable per kilometre for work-related travel over the life of the agreement are set out in Schedule G. 118.2 Travel to Distant Location (a) (b) (c) (d) (a) (b) (c) (d)Page 111 of 204 Employees will be compensated for excess travel to a distant location for work purposes (including for white chair examinations, special deliveries and collection of stores) in accordance with the Employer’s Reimbursement of Expenses policy, as varied from time to time. Where an Employee is required to travel to a location that is distant from their nominated place of work, and such travel involves more than 30 minutes in excess of their normal travel from home to a nominated place of duty, and more than 30 minutes travel in excess of their normal travel from their nominated place of duty home, the Employee will be compensated for the excess travel time by: (i) payment of overtime; or (ii) time off in lieu of overtime payment. (a) (b) (a) (b)Page 112 of 204 PART 12 – CONDITIONS OF EMPLOYMENT SPECIFIC TO DENTAL THERAPISTS, DENTAL HYGIENISTS & ORAL HEALTH THERAPISTS 119. ON-CALL/RECALL 119.1 An Employee classified under Schedule E who is rostered to be on-call shall be paid an allowance equal to 10% of their ordinary time hourly rate in respect of each on-call period. 119.2 An on-call attendance by an Employee under this clause may be by telephone, (extending beyond 15 minutes per call), or by personal attendance to the clinician/patient. 119.3 An Employee may be recalled to duty outside their ordinary hours to attend to a serious accident or emergency at the request of the Employer. 119.4 An Employee who, pursuant to this clause, attends an on-call or who is recalled to duty shall be either: compensated by payment at the rate of time and a half their ordinary time rate for the first two hours and double time thereafter or by mutual agreement, by time off in lieu of such payment. Time off in lieu shall be taken at a mutually agreed time and shall be based on the overtime penalty rates as prescribed by Clause 50 of this Agreement. 120. PROFESSIONAL DEVELOPMENT LEAVE 120.1 Whilst it is recognised that it remains the professional responsibility of Employees to maintain an appropriate level of skills and accreditation, the Employer will also encourage Employees to undertake professional development relevant to the acquisition of skills, knowledge and qualifications for the efficient performance of the Employer’s core activities; for Employees’ progress along a career path and/or as a requirement to maintain Employee registration. 121. CLINICAL QUALITY, CLINICAL AUDIT AND PEER REVIEW 121.1 Employees employed under this Agreement are committed to participating in the practice of Clinical Quality activities as organised and agreed to by the Employer’s Clinical Leadership Council where relevant (or its equivalent). This includes but is not limited to Clinical Audit and Peer Review which includes the collection and measurement of activities and outcomes related to clinical practice; analysis and comparison using standards, performance indicators and outcome measures; a feedback mechanism to redress problems that have been identified. 122. PERFORMANCE APPRAISAL 122.1 Employees employed under this Agreement on a full time or part time basis are committed to participating in the Employer’s Performance Appraisal Program (or however so titled) at least annually in order to improve quality of care, workplace skills, effectiveness, productivity and motivation of Employees, and for staff to benefit from outcomes as to their remuneration and career progression. (a) (b) (a) (b)Page 113 of 204 123. CLASSIFICATION DESCRIPTORS 123.1 The Employer shall classify each existing and new Therapist/Hygienist employed under this Agreement as a Therapist/Hygienist Graduate, Level 1, 2, 3 or 4. Classification competencies are provided at Schedule E. 123.2 Progression between levels and progression between salary points within a given level will be in accordance with the salary progression criteria detailed at Schedule E.Page 114 of 204 PART 13 – CONDITIONS OF EMPLOYMENT SPECIFIC TO SOCIAL AND COMMUNITY SERVICES EMPLOYEES 124. APPLICATION 124.1 This Part 13 applies only to Social and Community Services Employees who are classified under Schedule F of this Agreement. 125. OCCUPATIONAL HEALTH AND SAFETY 125.1 The parties recognise that occupational health and safety is an integral part of every work activity and the importance of effective consultation and co-operation between employers, employees and occupational health and safety representatives. 126. ROSTERING 126.1 Rostered Day Off Every Employee will be entitled to two consecutive rostered days off duty each week, unless varied by mutual agreement. 126.2 Rest breaks between rostered work An Employee will be allowed a break of not less than 10 hours between the end of one shift or period of work and the start of another; Notwithstanding the provisions of sub clause 126.2(a) by agreement between the Employee and the Employer, the break between: (i) The end of a shift and the commencement of a shift contiguous with the start of a sleepover; or (ii) A shift commencing after the end of a shift contiguous with a sleepover may not be less than eight hours 126.3 Rosters Where applicable, the ordinary hours of work for each Employee will be displayed on a roster in a place conveniently accessible to Employees, at least seven days before the commencement of the day on which the roster commences. Rostering arrangements and changes to rosters may be communicated by telephone, direct contact, mail, email or facsimile. It is not obligatory for the Employer to display any roster of the ordinary hours or work of casual or relieving staff. A roster may be altered by agreement between the parties to enable the service of the organisation to be carried on in an emergency, or when another Employee is absent from duty. (a ) (b) (a ) (b) (c) (d) (a) (b) (a) (b) (c) (d)Page 115 of 204 127. SLEEPOVER & SLEEP AWAY FROM HOME DUE TO WORK 127.1 Where an Employee is required to sleepover on the Employer’s premises, for a period outside that of the Employee’s normal ordinary hours of duty the Employee shall be entitled to a sleepover allowance as set out in Schedule G. 127.2 In the event of the Employee on sleepover being required to perform work during the sleepover period, the Employee will be paid at the prescribed overtime rate for: One hour where work the performed does not exceed one hour; or for the time so worked if the work performed exceeds one hour. 127.3 Any work necessarily performed by the Employee in excess of one hour during their sleepover shall attract the appropriate overtime payment as specified in clause 51 - Overtime. 127.4 Where an employee is required by the Employer to sleep away from home due to work requirements as specified in clause 127.1, in addition to the allowance provided for in clause 127.1, the employer shall: Reimburse to the employee the costs of single, private sleeping, bathroom and meal accommodation; costs of the purchase of linen, cutlery, crockery and blankets and the costs of regular laundering and/or maintenance of such items. The provision of clause 127.4(a) shall not apply where the items are provided and maintained by the Employer. 127.5 Excursions - overnight stays The below clauses only apply where an employee agrees to supervise clients in excursion activities involving overnight stays from home (for example, a camp). Weekend Excursions (i) Where an employee performs a Weekend Excursion, such employee will be paid in accordance with clause 127 (Sleepover and Sleep Away from Home Due to Work), clause 41 (Shift work), clause 48 (Weekend Work), clause 51 (Overtime) and clause 56 (Public Holidays) of the Agreement. (ii) Where an employee involved in overnight excursion activities is required to work on a Saturday and/or Sunday, the days worked in the two week cycle, including that weekend, will not exceed 10 days. Monday to Friday excursions Where an Employee is engaged in an Excursion Monday to Friday, such Employee will get paid the higher of: Payment for an excursion in accordance with clause 127 (Sleepover and Sleep Away from Home Due to Work), clause 41 (Shift Work), clause 51 (Overtime) and clause 56 (Public Holidays) of the Agreement; or Payment for an excursion in accordance with the below: (a) (b) (a) (b) (a) (b) (c) (d) (e) (a) (b) (a) (b) (a) (b) (c) (d) (e)Page 116 of 204 Payment will be made at the ordinary rate of pay for time worked between the hours of 8.00 am to 6.00 pm Monday to Friday up to a maximum of 10 hours per day. For hours worked beyond the maximum of 10 hours per day and outside 8.00am to 6.00pm between Monday to Friday only, overtime is applicable in accordance with clause 51 of the Agreement. Therefore, Shift Penalties in accordance with clause 41 of the Agreement do not apply. The employer and employee may agree to accrual of time instead of overtime payments. Payment of the sleepover allowance in accordance with clause 127 of the Agreement. 128. RE-CALL TO WORK OVERTIME 128.1 In the event of an Employee who is on-call being recalled to duty for any period during an off duty period such Employee shall be paid from the time of receiving recall until the time of finishing such recall duty with a minimum of one hour’s payment for such recall at the following rates: Within a spread of twelve hours from the commencement of the last previous period of ordinary duty - time and a half; Outside a spread of twelve hours from the commencement of the last previous period of ordinary duty - double time; On days observed as public holidays - double time. 128.2 Provided that if the Employee who is on-call is recalled and does not have an uninterrupted break of six hours between midnight and the time of commencement the next period of ordinary duty the Employee shall be entitled to six hours’ time off from the time of finishing the last recall and the time of commencing their next period of ordinary duty without loss of pay. 129. ANNUAL LEAVE CLOSE DOWN 129.1 Employers may, for operational reasons, wish to either close down or have reduced activity over the Christmas / New Year period. 129.2 Where an Employer wishes to have an annual close down or low activity period over the Christmas / New Year period, the Employer shall: on commencement of employment; or before 15 November of the relevant year advise affected Employees in writing of the close down or the reduced activity over the Christmas/New Year period (notification). 129.3 At same time of notification, an Employer may ask employees to utilise their annual leave during the period. 129.4 An Employee who does not wish to utilise annual leave during an annual close down or low activity period over the Christmas / New Year period shall notify the Employer on or before 1 December of the relevant year. (f) (g) (h) (i) (a) (b) (c) (a) (b) (f) (g) (h) (i) (a) (b ) (c) (a) (b)Page 117 of 204 129.5 Where an Employee does not wish to utilise annual leave during an annual close down or low activity period over the Christmas / New Year period, the Employer may meet with the Employee, and if relevant their representative, to discuss this. Matters that may be discussed include: The importance of ensuring staff resources are directed to client activity. The circumstances of the Employee including the impact of the annual close down / low activity period and the Employee’s paid annual leave balance; Whether the Employee has excessive annual leave; Whether accrued days off are available; Whether time off in lieu of overtime is available; Whether alternative work is available, subject to operational requirements; and Whether leave without pay is available. 129.6 If, after discussions take place in accordance with clause 129.5 and a resolution is not agreed; the Employer, Employee or their representative can utilise the dispute resolutions clause 12 of this Agreement. 130. PROFESSIONAL DEVELOPMENT, STUDY LEAVE AND EXAMINATION LEAVE 130.1 Professional Development Leave Professional Development means activities that maintain knowledge in the Employee’s current profession, improve and broaden their knowledge, expertise and competence, and develop the personal and professional qualities required through their professional lives. The PD cycle involves: reviewing practice; and identifying learning needs; and planning and participating in relevant learning activities; and reflecting on the value of those activities. Professional development leave includes conference/seminar leave, research or home study (that is not covered by clause 2 study leave). 130.2 Amount of professional development leave 130.3 Employees who meet the criteria in this clause are entitled to five days' paid professional development leave (as defined in clause 130.1). Part-time Employees will be paid on a pro rata basis. Professional development leave does not accumulate from year to year. If applicable, “Year” will be defined in accordance with the Employer’s relevant policies. 130.4 Report Back 130.5 An Employee may be required to report back to their colleagues and/or the Employer on the professional development 130.6 Payment (a) (b) (c) (d) (e) (f) (g) (a) (b) (c) (d) (a) (b) (c) (d) (e) (f) (g) (a) (b) (c) (d)Page 118 of 204 130.7 A day for the purposes of professional development leave is the Employee’s normal shift length on the day the leave is taken and the payment is based on the employee’s base rate of pay. 130.8 Application An Employee must apply in writing to the Employer as early as possible but at least six weeks' prior to the proposed professional development leave date. The application must include: (i) the date of the proposed professional development; (ii) a brief description of the nature of the professional development activity to be undertaken; and (iii) its relevance to the Employee’s employment with the Employer. 130.9 Response to application An application for professional development leave will not be unreasonably refused provided that the application meets the relevant conditions set out in this clause. The Employer must notify the Employee in writing whether the leave request is approved within seven days. If the leave is not approved, the reasons will be included in the notification to the applicant. 130.10 Study and Examination leave Study Leave (i) When paid study leave is available Employees who meet the criteria of this clause are entitled to paid study leave where a course is relevant to the work of the Employee’s employment with the Employer. (ii) Amount of study leave A. Paid study leave may be taken as mutually agreed between the employer and employee. B. Leave pursuant to this clause does not accumulate from year to year. If applicable, “Year” will be defined in accordance with the Employer’s relevant policies. (iii) Payment A day for the purposes of professional development leave is the Employee’s normal shift length on the day the leave is taken and the payment such payment is based on the employee’s base rate of pay. (iv) Application An Employee wishing to take study leave must: A. apply in writing to the Employer as early as possible but at least 6 weeks prior to the proposed leave date; and B. include with the application: (a) (b) (a) (b) (c) (a) (a) (b) (a) (b) (c) (a)Page 119 of 204 1) details of the course and institution in which the Employee is enrolled or proposes to enrol; and 2) details of the relevance of the course to the Employee's employment. (v) Consideration of application When reviewing an application to study leave the Employer will take into account considerations, including: A. The Employee’s length of service; B. The Employee’s hours of work; C. The relevance of the course to the Employee’s employment; D. The level of study being undertaken; E. The operational impact on the Employee’s work area; and F. Any other relevant considerations the Employer deems appropriate. (vi) Response to application A. The Employer must notify the Employee in writing whether the leave request is approved within seven days. B. If the leave is not approved, the reasons for refusal will be included in the notification to the applicant. Examination leave (i) When examination leave is available Examination leave is for undertaking and/or preparing for examinations in a course of study approved under clause 130.10(a). Examinations include take home exams. (ii) Amount of examination leave Employees who meet the criteria in this clause are entitled to six days paid examination leave per year. Part-time Employees will be paid on a pro rata basis. Leave entitlements pursuant to this clause will not accumulate from year to year. If applicable, “Year” will be defined in accordance with the Employer’s relevant policies. (iii) Payment A day for the purposes of study leave is the Employee’s normal shift length on the day the leave is taken and payment is based on the employee’s base rate of pay. When considering the relevance of a qualification or certificate or course of study or similar (education): (i) the main criteria for considering relevance are: (ii) the nature of the education; (iii) the current area profession of the Employee; and (b) (c) (b) (c)Page 120 of 204 (iv) whether the education would assist the Employee in performing their role and/or assist in maintaining quality client care and/or assist in the administration of area in which the Employee is employed; and (v) other considerations may include: A. the area of work of the Employee; and /or B. the classification and position description of the Employee. 131. LEAVE WITHOUT PAY 131.1 An Employee may request to take leave without pay for up to 52 weeks for personal, travel or career purposes and return to the same job or be offered a similar job on return. Such leave without pay shall be by agreement between the employer and employee. 131.2 The absence on leave without pay shall not break the continuity of service of an Employee but shall not be taken into account in calculating the period of service for any purpose under this Agreement. 132. TRANSLATION OF SACS PAY CODES 132.1 General Translations From the commencement date of this Agreement, Social and Community Services Employees in the following classifications will translate as follows: Current Classification New Classification SACS Level 1, PP 4 SACS Level 1, PP 3 SACS Level 2, PP 5 SACS Level 2, PP 4 SACS Level 3, PP 5 SACS Level 3, PP 4 SACS Level 4, PP 5 SACS Level 4, PP 4 SACS Level 5, PP 4 SACS Level 5, PP 3 Within 1 month of the translation, the Employers will confirm in writing to the affected Employees to which classification they have translated. 132.2 Early Childhood Coordinator Translation An Employee who currently performs an Early Childhood Coordinator/Teacher role (however so titled) shall translate as follows: Current Classification New Classification (a ) (b) (a) (a) (b) (a)Page 121 of 204 Educational Services (Teachers) Award 2020 SACS Level 4, PP 4 An Employee will not suffer a reduction in their ordinary pay as a result of transitioning to a Social and Community Services classification under this Agreement. (b) (b)SCHEDULE A - SIGNATORIES Executed as an agreement. Executed by the M erri Health by its duly appointed officer in the presence of: Witness Amie Reed Name of Witness (print ) Executed by the Australian Services Union by its duly appointed officer in the presence of: Witness Paula Doody, Compliance Coordinator Name of Witness (print) Tassia M ichaleas Chief Executive Officer 19 Pentridge Blvd Coburg, Vic 3058 Date: 30.03.2022 Leon Wiegard, Assistant Branch Secretary Name (print) Australian Services Union Ground Floor, 116 Queensberry Street, Carlton VIC 3053 30 March 2022 Date: ......... ........................................... . Executed by the Merri Health by its dully ) appointed officer in the presence of: Witness l'assia Michaleas Chief Executive Officer Amio Reed 19 Pertridge Blvd Name of Witness (print) Coburg, Vic 3058 Date: 30.03.2027 Executed by the Australian Services 1 Jan wiegand Trion by its duly appointed officer in thies presence of: Icon Wiegard, Assistant Branch Secretary Witness Narc (prino) Paula Doody, Compliance Coordinator Australian Services Union Name of Witness (print Ground I'loor, 116 Queensberry Surces Carlson VIC 3053 30 March 2022 Executed by the Merri Health by its duly ) appointed officer in the presence of: Chicatar Witness Tassia Michaleas Chief Executive Officer Amie Reed 19 Pentridge Blvd Name of Witness (print) Coburg, Vic 3058 Date: 30.03.2022 Executed by the Australian Services ) Union by its duly appointed officer in the Cken Wiegard presence of: Leon Wiegard. Assistant Branch Secretary Witness Name (print) Paula Doody, Compliance Coordinator Australian Services Union Name of Witness (print) Ground Floor, 116 Queensberry Street, Carlton VIC 3053 30 March 2022 Date: ............... ..........Executed by the Australian Education Union by its duly appoint ed officer in the pre.sence of : Wit ness Name of Witness (Kate Ait ken) Executed by the Health Services Union by its duly appointed officer in the presence of: ····-~·-····························· Witness Name of Witness Anna Black cara Nightingale, Vice President Early Childhood Aust ralian Education Union 126 Trenerr:i Cres Abbotsford VIC 3067 Dat e: 30.03.2022 David Eden, Assistant Secretary Health Services Union Victoria No. 1 Branch Level 5, 222 Kings Way South Melbourne Vic 3205 Date: 30/03/2022 Executed by the Australian Education Union by its duly appointed officer in the - presence of: - L' Nothate Witness Cara Nightingale, Vice President Early Childhood Name of Witness (Kate Aitken) Australian Education Union 12F * -· Gres ALL -11 -- J 1^^ 3067 Date: 30.03.2022 Executed by the Health Services Union by ) its duly appointed officer in the presence 1 of: - thais Witness David Eden, Assistant Secretary Health Se ces Union Victoria No. 1 Name of Witness Branch Anna Black Level 5, 222 Kings Way South Melbourne Vic 3205 Date: 30/03/2022Page 124 of 204 SCHEDULE B – MANAGEMENT AND ADMINISTRATIVE OFFICERS CLASSIFICATION STRUCTURE 2. This classification structure shall be commonly known as the Victorian Public Health Sector Classification System. 3. This classification structure does not apply to positions that are covered by Government Sector Executive Remuneration Policy. Chief Executive Officer and Senior Executive classifications are included in the classification system to demonstrate potential career paths available within the Victorian public health sector. 4. GRADE 1 4.1 Description (a) Positions at the Grade 1 level are regarded as base grade administrators or operators within a defined activity. 4.2 Work Level Standard (a) Grade 1 level positions require knowledge associated with several years experience or technical training. They require performance of related tasks within a defined area of activity which have clearly defined objectives. They require the ability to obtain cooperation to comply with technical and administrative arrangements, or to provide information and advice to members of the public consistent with organisational guidelines. (b) There are established procedures for performing tasks. Positions are well defined, with standardised procedures, although the tasks performed may require the use of a number of accepted methods or systems. The most suitable course of action is selected from a limited range and effective choice is guided by precedent or rule and can be learned. (c) The positions' progress is closely monitored against standards, targets or budgets, though there is limited flexibility in the means of achieving these. The positions report frequently on work progress and/or receive instructions which determine the work program and the standards to be achieved. The positions are required to analyse situations or information, clearly and accurately communicate information, or make recommendations to peers or immediate supervisors. 4.3 Typical Role/Duties (a) Prepare statistical reports and summaries and monitor and check accuracy of reports; (b) Monitor daily billings and collections by cashiers and banking; (c) Process standard claim forms, ensuring that all legislated procedural requirements are met; (d) Train new Employees in basic clerical or administrative functions; (e) Follow progress of invoices, orders or payments to ensure action occurs as specified in these documents; (f) Undertake enquiries related to work area; for example the availability of ordered stock, the best available price for ordered items, overdue accounts; (g) Maintain accurate and effective filing systems;Page 125 of 204 (h) Communicate with external organisations such as health insurance funds, Accident Compensation Commission, Veterans' Affairs, and WorkCover claims administration agents regarding payment of accounts; (i) Prepare minutes and agendas, and coordinate meeting dates for committee meetings. 5. GRADE 2 5.1 Description (a) Positions at this level are regarded as supervisory positions coordinating a small work group; or (b) as an entry level specialist role within a particular technical or professional area; or (c) experienced operators within a specific activity. 5.2 Work Level Standard (a) Undertaking Certificate/Diploma level in accordance with the Australian Quality Training Framework or equivalent. Grade 2 positions require technical/administrative training with several years' experience, or equivalent work experience. They require supervisory or technical leadership within one or two activities which have well defined objectives. Good persuasive skills are required to obtain cooperation in the achievement of objectives or for the communication of technical or administrative information. (b) Positions are clearly defined and procedures established and standardised, however there is a range of varied techniques and methods available to perform work. Election of the most suitable courses of action is aided by rules, guides, procedures or precedent. (c) Although the positions' work progress is closely monitored against standard, budgets or targets, there is some flexibility in the means for achieving these. The positions generally report frequently on progress and performance. Supervisory positions may share accountability for actions or decisions with peers or line management, while technical or professional specialists are one of a number of sources which analyse and provide advice or a specialised service. 5.3 Typical Role/Duties (a) Supervise the day to day activities of a small group of staff (relative to the size of the organisation) within a specified function (e.g. payroll, patient accounts); (b) Liaise with immediate supervisor and middle management level positions to seek and provide information; (c) Establish and maintain appropriate work patterns and procedures for the function supervised; (d) Administer the function to ensure current policy and procedures are understood and adhered to; (e) Prepare reports for use by management; (f) Liaise and consult with external agencies (e.g. Medicare, Health Insurance Funds, Transport Accident Commission, WorkCover) with regard to routine transactions;Page 126 of 204 (g) Liaise with patients/clients to obtain information and discuss problems in relation to routine transactions; (h) Liaise with suppliers for the routine purchase and delivery of health service supplies. 6. GRADE 3 6.1 Description (a) Positions at this level are regarded as senior supervisory positions overseeing a small to medium sized work group (relative to the size of the health service); or (b) a specialist role within a particular technical or professional position; or (c) administrators responsible for a specified activity recognised across the health service. 6.2 Work Level Standard (a) Positions require proficiency in the use of established technical or administrative processes through a number of years experience in the field or a qualified tertiary graduate. They demonstrate supervisory or technical leadership for a distinct activity which may need to be coordinated with other activities. Positions require the ability to obtain co-operation and assistance in the administration of well defined activities and/or to influence others in the achievement of set objectives. (b) The broad parameters of the position are clearly defined, although judgement may be required to select from a range of standardised systems or techniques. Precedent or standard procedures or instructions generally exist for most work situations and policy guidelines may assist in the selection of the most suitable course of action. (c) Supervisory positions independently organise and oversee the day-to-day activities of subordinate staff within clearly defined standards, budgets and time frames. Specialist positions provide sound technical advice to peers, and to more senior positions. All positions are responsible for recommending or accepting particular actions. 6.3 Typical Role/Duties (a) Recruit and select permanent and temporary staff for general positions; (b) Coordinate and submit consolidated reports; (c) Implement controls and systems to ensure resources are fully utilised and health service policies are implemented; (d) Develop and present training programs; (e) Liaise with senior staff to obtain and present information; (f) Allocate and control staff and resources to ensure activities of the work area are carried out efficiently and effectively; (g) Monitor safe work practices and security standards to maintain a safe and secure environment; (h) Assist staff with problems, and recommend action to be taken. 7. GRADE 4 7.1 DescriptionPage 127 of 204 (a) Positions at this level are regarded as middle management in control of a medium workforce; or (b) administrators managing a function, or an experienced specialist role within a particular technical or professional discipline. 7.2 Work Level Standard (a) Positions require proficiency in the use of broad technical or administrative processes through a number of years of experience in the field or to be a tertiary graduate with a number of years experience in the field. They require understanding and/or leadership across an activity, which may need coordination with other activities. Considerable persuasive skills are required for successful adoption of operational schedules and to gain cooperation of the workforce. (b) The broad parameters of the job are well known but are often diverse and require judgement in selecting the appropriate action. Problems are generally manageable and solutions guided by precedent and practice. (c) Management positions are accountable for the scheduling and implementation of major work programs within defined budgets and policy guidelines. Specialist jobs provide authoritative advice to peers and more senior positions in the discipline. As such all positions are predominantly responsible for the action undertaken. 7.3 Typical Role/Duties (a) Provide advice on techniques and procedures for occupational health and safety matters (including infection control); (b) Undertake quality and risk management programs to ensure the achievement of required standards; (c) Develop rosters for the cleaning of all wards and presentation of gardens involving up to 100 staff; (d) Prepare reports on service delivery development and undertake special projects for the health service and Department of Human Services/Department of Health; (e) Review the staff profile and adjust where necessary to maintain the integrity of reports and the internal staff profile, advise on funding available for staffing requirements; (f) Oversee and contribute to the formulation, implementation and ongoing review of staff induction and training programs; (g) Collaborate with senior management, Medical Officers, injured Employees, Unions and rehabilitation providers to devise, plan and implement rehabilitation programs; (h) Review existing computer software effectiveness with a view to enhancing its functionality and develop software to meet new requirements; (to be re-visited) (i) Prepare and interpret financial budgets, annual returns and comparative monthly statements. 8. GRADE 5 8.1 DescriptionPage 128 of 204 (a) Positions at this level are senior managers, professionals and specialists who are generally responsible for a significant operational area, function or department within a division or health care services unit; or (b) multi-function manager of smaller health services providing a range of services across the agency. 8.2 Work Level Standard (a) A high degree of proficiency in the use of technical or administration processes through extensive experience would be typical at this level along with appropriate qualifications. Understanding and leadership across a number of activities within the major program require considerable coordination skills. It also requires persuasive ability to gain the commitment of peers and subordinates in the identification of action plans and managing progress where there are competing activities. (b) Although work assignments apply familiar techniques and methods, there is also a requirement to recommend the modification or adaptation of techniques and methods that impact upon other areas of the agency. These activities require the detailed analysis of the major alternatives, including cost impact and implications for implementation prior to the presentation of well thought through action plans. (c) Considerable latitude is provided to senior managers in the design of work programs, independent allocation of resources and control over budgets. Nonetheless, the position operates within the constraints of agency policy/procedure, Department of Human Services/Department of Health guidelines and professional standards. These positions are held accountable for significant projects or functions which involve a major requirement to make things happen, consistent with the established standards. 8.3 Typical Role/Duties (a) Plan operating budgets and resource requirements to accommodate expanded facilities and services; (b) Investigate the supply needs of the organisation/s leading to the development of purchasing and inventory control programs required to achieve cost effective delivery schedule; (c) Inspect suppliers, manufacturing and wholesale operations to ensure the achievement of minimum standards of hygiene, product quality, distribution and storage standards; (d) Develop menus, oversee food preparation and presentation and manage food supply within budget limits for a medium health service; (e) Manage a range of services within a small health service covering patient services, finance, personnel, gardening, building maintenance and community relations; (f) Establish, manage and oversee consultative mechanisms and advise health service management on developing industrial and Employee-related issues; (g) Represent and advocate on behalf of the health service at industrial relations tribunals and in labour negotiations; (h) Conduct programmed audits into operational and financial procedures and the safeguarding of assets;Page 129 of 204 (i) Determine the performance of organisational units in the health service in respect of their financial planning, and control activities in compliance with management instructions, statements of policy and procedures, high standards of administrative practice and health service objectives. 9. GRADE 6 9.1 Description (a) Positions at this level are senior managers of large divisions; or (b) expert managers of complex/advanced functions with agency-wide application; or (c) executives of smaller or district health services providing a range of services across the agency; or (d) senior managers of a number of varied functions across the health service. 9.2 Work Level Standard (a) At this level, positions require specialised knowledge resulting from years of experience in health service management. Appropriate tertiary qualifications are typically required at this level. The knowledge required spans several disciplines and there is a requirement for integration of a range of associated operations as part of a major program delivery. There is a requirement for persuading others to adopt a particular course of action where there are competing objectives and priorities plus a variety of outcomes. (b) Standard systems, methods and procedures are determined by positions at this level for adherence across a health service or group of specialised health care services. This requires extensive analytical skills in interpreting service needs, general guidelines, local conditions and the achievability of the desired results. (c) Management positions typically follow operating precedent and procedure but there is latitude in the emphasis given across a range of projects or services. Similarly, positions have a role in the development of business plans, new operation targets and the apportionment of total resources, but there are others who are predominantly responsible for the determination of these aspects. Technical/professional positions are regarded by professional peers as expert in the disciplines covering a complete function where the advice rendered would only be challenged by other experts. In all cases, the position is held accountable for the integrity of the service/project/advice and the achievement of significant standards of performance benefiting the entire agency. 9.3 Typical Role/Duties (a) Prepare economic and demographic forecasts as part of an overall planning process to determine the future growth and services of the health service; (b) Develop financial control systems, budget guidelines and reporting mechanisms so that the health service Executive and Board have a complete understanding of the financial viability, efficiency and future options for resource management; (c) Direct and control a range of technical and engineering services covering plant, building and grounds maintenance, capital and minor works, plant and equipment assessment, energy management, and reticulation of electricity, water, gases;Page 130 of 204 (d) Direct and control a significant service function in a medium to large health service, determining staffing, training, supply and expenditure needs for the division; (e) Oversee and direct the provision of a comprehensive patient food service, as well as an extensive non-patient service through varied on-site food service outlets, including staff cafeteria, coffee shop, bistro/snack bar; (f) Advise and counsel management and senior staff on human resource issues, such as disciplinary matters, the identification of new work practices to reduce budget overruns, consultative strategies, training needs and management obligations. 10. GRADE 7 10.1 Description (a) Positions at this level are executives of small heath services administered with the assistance of a central or regional organisation; or (b) the executive managing a number of smaller health services annexed to a medium to large regional health service; or (c) manager in charge of a principal division/department of a medium to large health service. 10.2 Work Level Standard (a) At this level, the emphasis is on the management of a range of service support activities or the management of a major division in a medium sized health service. Appropriate tertiary qualifications are typically required at this level. Activities would embrace the planning, organising, directing and controlling of subordinate staff that in turn have specific technical responsibilities. This requires leadership to gain full integration of support activities affecting the total health service. Positions would require a specialised knowledge resulting from years of experience in administration and management as well as in their field of expertise. (b) Operating policy and standards to be applied across the health service are established by positions at this level. A good understanding of the health system is required for the position to identify innovative solutions to complex matters affecting the whole of the service delivery. (c) Direction of the work program is defined in terms of results to be achieved within agreed budgets, the effectiveness of outcomes being subject to ongoing executive, Board and/or Departmental review. Principal management positions within a medium to large health service would provide advice and report to executive positions. Executive positions independently managing small health services with a high degree of delegation would be accountable for the management, administration and operation of such small health services, but would seek advice from their professional peers within a larger health service. 10.3 Typical Role/Duties (a) Direct and control a range of services within a small health services covering industrial relations, personnel, finance, accounts, patient services, buildings and grounds maintenance, plus community relations;Page 131 of 204 (b) Prepare, manage and monitor the health service’s budget including the examination of resource utilisation and redeployment of resources to areas to meet priority needs; (c) Monitor budget and patient throughput targets and take remedial action to ensure that each small or annexed health service meets the conditions of its Health Service Agreement; (d) Administer and control the financial management and accounting functions of the health service, resulting in guidance to management on the most efficient and effective manner in which the financial resources of the health service can be best utilised; (e) Provide the management of the health service with information and data that will assist in establishing short, medium and long term goals to ensure that the future planning and direction of the agency is aimed at providing an optimum level of patient and community care. 11. GRADE 8 11.1 Description (a) Typically positions at this level operate at the executive level; or (b) Managers in control of a substantial division/department or facility in a large health service; or (c) Chief Executives of small hospitals or community health centres. 11.2 Work level standards (a) At this level, the principal emphasis is management of major and large activities embracing the planning, organising, directing and controlling of subordinate staff that in turn have managerial responsibilities. This requires leadership at both a technical and human resource level to gain maximum integration of diverse activities affecting the total health service. Negotiation with external groups on difficult and sensitive health care and service delivery issues would be a regular feature of jobs at this level. (b) In addition to setting the standards of service across the health service, this position is required to understand community and government needs in relation to health care. This provides the framework for positions at this level to create new services, establish new service standards or reallocate/redesign the ways in which such services are provided to the community. (c) Direction of the work program is defined in terms of results to be achieved within agreed budgets but with methods being suggested and seldom specified in detail. Judgements on the effectiveness of outcomes are subject to ongoing review and there is a requirement to report to other executives and the Department of Human Services/Department of Health on major issues. Within this context, it is clearly the responsible manager in the areas of delegated accountability. 11.3 Typical Role/Duties (a) Develop and implement plans for future expansion of services and facilities to meet emerging community health needs and operating efficiency constraints;Page 132 of 204 (b) Direct and control subordinate managers in control of environmental services, linen services, engineering and technical services, human resources, supply, catering, patient services, management information services and public relations; (c) Represent the health service in meetings with external professional organisations and the Department of Human Services/Department of Health in order to facilitate improved service standards and achievement of budget constraints; (d) Authorise statutory and other reports as required by the Department of Human Services/Department of Health in relation to service delivery standards and budget status; (e) Direct and control the full range of services for a small, independent health service, which may include an attached nursing home, including policy development and planning for the short and longer term development of the health services; (f) Control the accounting and financial reporting functions of business, investment and operational units which are conducted independently of the hospital's operating and funding arrangements; (g) Direct and control the management and operation of the Central Linen Service providing administrative direction, financial controls, capital replacement and development plans, as well as the determination of a cost structure for the supply of linen to metropolitan hospitals. 12. GRADE 9 12.1 Description (a) Positions at this level are Chief Executives of district hospitals or Community Health Centres or equivalent; or (b) An executive managing the principal functions in a major, multi-faceted, multi-campus institution. 12.2 Work Level Standards (a) At this level, a thorough understanding of health care administration and health care issues is required in order to manage large and complex services, obtain maximum productivity from a large workforce and integrate all aspects of health care. In addition to the direct management of all administrative support functions, positions at this level are required to directly influence clinical and clinical support service delivery. Negotiations at this level occur with professional specialists and significant community representatives in regard to service delivery, facilities and resource requirements. (b) Because many of the issues are complex and require considerable interpretation, to the major health care issues, this position is required to develop proposals to identify the future plans for the health service and the nature of its services. Influencing factors are diverse and choice often requires a synthesis of opinions, detailed analysis of options and presentation of achievable plans. Support in the management of these issues may be provided, as appropriate, through the Chief Executive, Medical and Nursing Directors, or Executive managers, Department of Human Services/Department of Health representatives and expert consultants in specialist fields.Page 133 of 204 (c) The achievement of results is substantially vested in this position allowing considerable autonomy in the deployment of allocated resources and management of project plans. At the same time, there is limited freedom to initiate and commit the health service to new ventures without approval from the key stakeholders and Chief Executive/Board. Within the context of approved policy, the position can commit the organisation to major expenditure programs and can act as spokesperson in public forums. 12.3 Typical Role/Duties (a) Undertake major special projects that substantially reshape the future health care service for a major health service; (b) Direct and control a comprehensive human resource function in a major or multi-faceted, multi-campus health service providing strategic advice to the Executive, and directing a range of activities including workforce planning; organisation and policy development; industrial relations; salary administration; occupational health and safety policy, training and procedures; rehabilitation and WorkCover claims management and representation; personnel administration; staff development and training; staff counselling and the selection, recruitment and termination of Employees; (c) Manage the full range of administrative and support functions and services for a large health service, identify outcomes, resources and standards of operation and manage specific issues, to improve operating efficiency and effectiveness; (d) Manage an executive relationship with Unions which involves the identification of issues and strategies for the consultative involvement of staff through elected representatives, as well as the negotiation of disputes which may occur from time to time; (e) Liaise and negotiate with Department of Human Services/Department of Health on health service-wide policy matters; including resources, health care delivery, capital works and other matters; (f) Direct the health service’s planning activities and provide leadership and overall guidance in both the administration and operation of a district hospital; (g) Advise the Board of Management on matters of policy, financial planning, service needs and delivery, legal and statutory obligations and any other matters affecting the service delivery of a small-medium hospital. 13. GRADE 10 13.1 Description (a) Positions at this level are senior executives of a major health service or equivalent. 13.2 Work Level Standards (a) At this level, positions require a full understanding of public health care issues plus health system management. The management role covers all aspects of health care provided by a major health service including funding, standards of clinical practice and clinical support service delivery and long term planning of resources and future services. Negotiations at this level require skill to persuade the CEO and the Board of Management, executive representatives of the Department of Human Services/Department of Health and all levels of government plus community representation.Page 134 of 204 (b) A requirement at this level is to develop short, strategic plans to meet the requirements of the local community, match Department of Human Services/Department of Health standards and ensure appropriate standards of health care delivery. In developing proposals and implementation plans, positions at this level are provided with latitude but are required to ensure that all aspects are fully explored and acceptable to the key stakeholders. (c) Broad operating policies are provided from the Executive and the Board and/or Department of Human Services/Department of Health along with an understood level of health care delivery for the local community. The allocation and organisation of all resources relating to principal functions are determined by positions at this level covering all aspects of the health service’s activities. All executives at this level are held accountable for the achievement of the total health care delivery and service standards for the health service. 13.3 Typical Role/Duties (a) Develop, negotiate and implement budgets covering all aspects of the health service’s activities; (b) Set policy and procedures for the effective and efficient running of the health service and delivery of health care; (c) Control and manage non-clinical services within a health service, as the senior executive, providing executive support and relief to the Chief Executive, and financial advice to the Board of Management; (d) Develop and implement policies, programs and procedures for the health service; (e) Managing a principal function the operations of a medium-sized or a large regional Hospital and ensure that resources are allocated appropriately in order to achieve targets within the budget parameters. 14. GRADE 11 14.1 Description (a) Positions at this level are Chief Executives of large, regional health services or of a comparable specialist function health service OR (b) a senior executive of a major multifaceted, multi-campus health service. 14.2 Work Level Standard (a) At this level, positions require a thorough knowledge and expertise in health care issues and health service management. The management role covers all aspects of health care provided by large, regional health services, including funding, standards of clinical practice and clinical support service delivery and long term planning of resources and future services, or the management of significant non-clinical operations. Negotiations at this level require skill to persuade Boards of Management, Executive representatives of the Department of Human Services/Department of Health and government representation. (b) At this level, positions are likely to be required to identify major health care trends and develop strategic plans to meet the community requirements, Department of Human Services/Department of Health standards and ensure appropriate standards of healthPage 135 of 204 care delivery. The management plans and health service delivery standards developed by this job would be regarded by peers and health care experts as innovative and applicable throughout the health industry. (c) CEO positions at this level manage large health services, and are accountable for the full range of operations. The Board and/or the Department of Human Services/Department of Health provide broad operating policies, and positions would exercise judgement to achieve planned results. (d) Senior executives would operate with considerable flexibility and autonomy in the determination of strategies, budget allocation and major projects undertaken according to Board delegations. 14.3 Typical Role/Duties (a) Develop, negotiate and implement budgets covering all aspects of the health service’s activities. (b) Direct and control the delivery and provision of health care services which may include providing primary and secondary care and administrative support to other health services. (c) Initiate, develop and implement plans, policies and procedures designed to achieve high quality health and patient care. (d) Develop short, medium and long term capital, resource and service delivery development plans and direction. (e) Negotiate the Health Service’s Funding Agreement with the Department of Human Services/Department of Health. 15. GRADE 12 15.1 Description (a) Positions at this level are Chief Executives of large health services that typically consist of a number of sites or a comparable specialist health service. 15.2 Work Level Standard (a) At this level, positions require substantial knowledge and expertise in local and state-wide public health care issues and health service management. The management role covers all aspects of health care provided by major health services including funding, standards of clinical service delivery and long term planning of resources and future services. Negotiations at this level require skill to persuade Boards of Management, Executive representatives and Department of Human Services/Department of Health and government representation. (b) At this level, positions are required to anticipate research and identify major health care trends and develop short and long term plans. Considerable judgement is required to ensure that all aspects of these plans and new services meet all the requirements of all stakeholders. As a result of initiatives undertaken by jobs at this level, it would be expected that programs could be adopted at other health services and substantially improve the standard of health care in the whole community.Page 136 of 204 (c) The position is accountable for total health care service, cost effective delivery and implementation of long terms development plans. Considerable flexibility and autonomy is exercised by Chief Executives in the determination of organisational strategies, budget allocation and major projects undertaken within broad delegations from the Board. 15.3 Typical Role/Duties (a) Develop and implement service delivery plans and meet changing health care needs. (b) Establish corporate structure and formal delegation of responsibilities. (c) Ensure that the financial management requirements are met. 16. GRADE 13 16.1 Description (a) Positions at this level are Chief Executives of major, multi-faceted and multi-campus health services requiring a stature that clearly places the job at the most senior level in the industry. The position manages of an extremely large and diverse workforce and controls a substantial operating budget. (b) The position manages an organisation with an extremely large and diverse and controls a substantial operating budget. The health service provides a comprehensive integrated health care service to people in the suburbs of metropolitan Melbourne and nearby catchment populations. (c) The services include public hospital services; aged in-patient, community and home care services; and in-patient and community mental health services. (d) The organisation is affiliated with a University for teaching medical and postgraduate nursing students and for postgraduate study and medical research. 16.2 Work Level Standard (a) Positions require a substantial knowledge and expertise in local and state-wide public health care issues and health service management. The management role covers all aspects of health care for a major multi-faceted and multi campus health service including funding, standards of clinical service delivery and long term planning of resources and future services. Negotiations at this level require skill to persuade Boards of Management, Executive representatives and Department of Human Services/Department of Health and government representation. (b) At this level, positions are required to anticipate research and identify major health care trends and develop short and long term plans. As such there is considerable professional judgement to be exercised, to ensure that all aspects of these plans and new services meet all the requirements of the various stakeholders. As a result of initiatives undertaken by jobs at this level, it would be expected that programs could be adopted at other health services and substantially improve the standard of health care in the whole community. (c) Positions at this level manage major multi-faceted and multi-campus health care services. The position is accountable for total health care service, cost effective delivery and implementation of long terms development plans. The position is responsible for controlling a substantial operating budget. Considerable flexibility and autonomy isPage 137 of 204 exercised by Chief Executives in the determination of organisational strategies, budget allocation and major projects undertaken within broad delegations from the Board.Page 138 of 204 SCHEDULE C – HEALTH AND ALLIED SERVICES EMPLOYEES CLASSIFICATION STRUCTURE 1. SKILL LEVELS 1.1 Level 1 (a) An Employee at this level: (i) works within established routines, methods and procedures; (ii) has minimal responsibility, accountability or discretion; (iii) works under direct or routine supervision, either individually or in a team; and (iv) no previous experience or training is required. (b) Indicative tasks performed and indicative classifications at this level are: Classification Group Indicative Tasks Performed and Indicative Classifications Food Services Basic food preparation; the cooking of basic meals; cleaning of food preparation and consumption areas and cooking equipment and utensils and the serving and delivery of meals. Food and Domestic Services Assistant - Other Cook General Services Cleaning; assisting a gardener and basic maintenance work. Cleaner Assistant Gardener Maintenance/Handyperson (Unqualified) 1.2 Level 2 (a) An Employee at this level: (i) works within established routines, methods and procedures; (ii) has limited responsibility, accountability or discretion; (iii) may work under limited supervision, either individually or in a team; (iv) possesses communication skills and (v) requires on-the-job training and/or specific skills training or experience. (b) Indicative tasks performed and indicative classifications at this level are: Classification Group Indicative Tasks Performed and Indicative ClassificationsPage 139 of 204 A window or other specialist cleaner and gardening work requiring no formal qualifications; general housekeeping functions. Cleaner cleaning windows Gardener (non-trade) Technical, Clinical and Personal Care Red Cross Aide 1.3 Level 3 (a) An Employee at this level: (i) is capable of prioritising work within established routines, methods and procedures; (ii) is responsible for work performed with a limited level of accountability or discretion; (iii) works under limited supervision, either individually or in a team; (iv) possesses sound communication skills; and (v) requires specific on-the-job training and/or relevant skills training or experience. (b) Indicative tasks performed and indicative classifications at this level are: Classification Group Indicative Tasks Performed and Indicative Classifications Food Services An unqualified (non-trade) cook employed as a sole cook in a kitchen or an unqualified (non- trade) cook providing specialist cooking functions. Cook Employed Alone General Services Driving small vehicles (1.25 tonnes or less) within and between establishments. - Driver 1.25 Tonne or less 1.4 Level 4 (a) An Employee at this level: (i) is capable of prioritising work within established routines, methods and procedures; (ii) is responsible for work performed with a medium level of accountability or discretion; (iii) works under limited supervision, either individually or in a team; (iv) possesses sound communication and/or arithmetic skills; and (v) requires specific on-the-job training and/or relevant skills training or experience.Page 140 of 204 (b) Indicative tasks performed and indicative classifications at this level are: Classification Group Indicative Tasks Performed and Indicative Classifications Food Services An Employee whose primary function is to liaise with patients and staff to obtain appropriate meal requirements of patients, and to tally and collate the overall results. Food Monitor 1.5 Level 5 (a) An Employee at this level: (i) is capable of prioritising work within established policies, guidelines and procedures; (ii) is responsible for work performed with a medium level of accountability or discretion; (iii) works under limited supervision, either individually or in a team; (iv) possesses good communication, interpersonal and/or arithmetic skills; and (v) requires specific on-the-job training, may require formal qualifications and/or relevant skills training or experience. (b) Indicative tasks performed and indicative classifications at this level are: Classification Group Indicative Tasks Performed and Indicative Classifications General Services An Employee performing dedicated security functions; an Employee performing transport related functions, including drivers of intermediate sized vehicles (1.25 tonnes to 3 tonnes and Security Officer Grade 1. Driver 1.25 Tonne to 3 Tonne Technical, Clinical and Personal Care Senior Red Cross Aide 1.6 Level 6 (a) An Employee at this level: (i) is capable of prioritising work and exercising discretion within established policies, guidelines and procedures; (ii) is responsible for work performed with a medium level of accountability; (iii) works under limited supervision, either individually or in a team;Page 141 of 204 (iv) possesses well developed communication, interpersonal and/or arithmetic skills; and (v) requires substantial on-the-job training, may require formal qualifications and/or relevant skills training or experience. (b) Indicative tasks performed and indicative classifications at this level are: Classification Group Indicative Tasks Performed and Indicative Classifications General Services An Employee performing transport related functions, including drivers of non-articulated vehicles over three tonnes. Driver over three Tonne Technical, Clinical and Personal Care - First Aid Attendant (in commercial or industrial undertakings) 1.7 Level 7 An Employee at this level: (i) is capable of prioritising work and exercising discretion within established policies, guidelines and procedures; (ii) is responsible for work performed with a substantial level of accountability; (iii) works either individually or in a team; (iv) possesses well developed communication, interpersonal and/or arithmetic skills; and (v) requires substantial on-the-job training, may require formal qualifications at trade or certificate level and/or relevant skills training or experience. Indicative tasks performed and indicative classifications at this level are: Classification Group Indicative Tasks Performed and Indicative Classifications Food Services A Cook with relevant qualifications. Second Cook Grade D Trade Cook General Services A handyperson with Trade qualifications performing general maintenance duties; a gardener with Trade qualifications performing general gardening duties; a dedicated Security Officer required to regularly access computers in the course of the Employee’s employment and/or has been provided with relevant training; an (c) (d)Page 142 of 204 Employee performing transport related functions, including drivers of articulated vehicles. Maintenance/Handyperson (Trade) Gardener (Trade) Driver articulated 12-13 Tonnes - Security Officer Grade 2 1.8 Level 8 (a) An Employee at this level: (i) is capable of functioning semi autonomously, and prioritising their own work within established policies, guidelines and procedures; (ii) is responsible for work performed with a substantial level of accountability; (iii) works either individually or in a team; (iv) may require basic computer knowledge or be required to use a computer on a regular basis; (v) possesses administrative skills and problem solving abilities; (vi) possesses well developed communication, interpersonal and/or arithmetic skills; and (vii) requires substantial on-the-job training, may require formal qualifications at trade or certificate level and/or relevant skills training or experience. (b) Indicative tasks performed and indicative classifications at this level are: Classification Group Indicative Tasks Performed and Indicative Classifications Food Services A Cook or Chef with relevant qualifications. Chef Grade D - Second Cook Grade C 1.9 Level 9 (a) An Employee at this level: (i) is capable of functioning with a high level of autonomy, and prioritising their own work within established policies, guidelines and procedures; (ii) is responsible for work performed with a substantial level of accountability and responsibility; (iii) works either individually or in a team; (iv) may require comprehensive computer knowledge or be required to use a computer on a regular basis;Page 143 of 204 (v) possesses administrative skills and problem solving abilities; (vi) possesses well developed communication, interpersonal and/or arithmetic skills; and (vii) may require formal qualifications at post-trade or Advanced Certificate or Associate Diploma level and/or relevant skills training or experience. (b) Indicative tasks performed and indicative classifications at this level are: Classification Group Indicative Tasks Performed and Indicative Classifications Food Services A Cook or Chef with relevant qualifications. Second Cook Grade B - Chef Grade C General Services A Maintenance/Handyperson or Gardener with post-trade qualifications or specialisation and who is required to work autonomously. Maintenance/Handyperson (Advanced) - Gardener (Advanced) 1.10 Level 10 (a) An Employee at this level: (i) is capable of functioning autonomously, and prioritising their own work within established policies, guidelines and procedures; (ii) is responsible for work performed with a substantial level of accountability and responsibility; (iii) works either individually or in a team; (iv) may require comprehensive computer knowledge or be required to use a computer on a regular basis; (v) possesses administrative skills and problem solving abilities; (vi) possesses well developed communication, interpersonal and/or arithmetic skills; and (vii) will most likely require formal qualifications at trade or Advanced Certificate or Associate Diploma level and/or relevant skills training or experience. (b) Indicative tasks performed and indicative classifications at this level are: Classification Group Indicative Tasks Performed and Indicative Classifications Food Services A Cook or Chef with relevant qualifications.Page 144 of 204 Chef B - Second Cook A 1.11 Level 11 (a) An Employee at this level: (i) is capable of functioning autonomously, and prioritising their own work and the work of others within established policies, guidelines and procedures; (ii) is responsible for work performed with a substantial level of accountability and responsibility; (iii) may supervise the work of others, including work allocation, rostering and guidance; (iv) works either individually or in a team; (v) may require comprehensive computer knowledge or be required to use a computer on a regular basis; (vi) possesses developed administrative skills and problem solving abilities; (vii) possesses well developed communication, interpersonal and/or arithmetic skills; and (viii) may require formal qualifications at trade or Advanced Certificate or Associate Diploma level and/or relevant skills training or experience. (b) Indicative tasks performed and indicative classifications at this level are: Classification Group Indicative Tasks Performed and Indicative Classifications Food Services A Cook or Chef with relevant qualifications; supervision, work allocation and rostering and/or guidance of staff. Chef Grade A - Food Services Supervisor General Services Supervision, work allocation, on-the-job training and rostering and/or guidance of staff. Gardener Superintendent - General Services Supervisor Technical, Clinical and Personal Care Supervision, work allocation and rostering and/or guidance of staff. - Technical, Therapy and Personal Care Supervisor 2. CLASSIFICATION DEFINITIONSPage 145 of 204 Food Services Classifications: 2.1 Chef (a) Means a person employed as such in a health service who may be required by the Employer to supervise staff, give any necessary instruction in all the branches of cooking, preparation of food service staff rosters, assist in the planning of meals, assist in the pricing of meals for departmental budgets, assist in the requisitioning and purchasing of all stores and to assist where necessary in the preparation and supervision of the plating of meals. (b) Chef Grade A (i) A chef employed in a hospital with more than 300 beds or a kitchen providing more than 2,000 meals on a daily average. (c) Chef Grade B (i) A chef employed in a hospital with 200 or more beds but less than 300 beds or a kitchen providing more than 1,000 meals but less than 2,000 meals on a daily average. (d) Chef Grade C (i) A chef employed in a hospital with more than 100 beds but less than 200 beds or a kitchen providing more than 500 meals but less than 1,000 meals on a daily average. (e) Chef Grade D (i) A chef employed in a hospital with less than 100 beds or a kitchen providing less than 500 meals on a daily average. 2.2 Cook Employed Alone (a) Means a person employed as a sole cook who does not hold trade qualifications. 2.3 Food and Domestic Services Assistant (a) Means a person employed to clean food preparation and consumption areas, cooking equipment and utensils and serve and deliver meals. 2.4 Food Monitor (a) An Employee responsible to a catering and/or dietary department whose primary function is to liaise with patients and staff to obtain appropriate meal requirements of patients, and to tally and collate the overall results for the catering and/or dietary department. (b) Notwithstanding the provisions of clause 43 (Higher Duties), when the above duties are incidental to other duties performed, higher duties rates shall only apply when the above duties are performed for two hours or more in any day. 2.5 Food Services Supervisor (a) Is a person appointed as such performing work which involves the supervision of staff within the food services stream of this award or the supervision of staff within a food services related department or section. Such a person would be responsible forPage 146 of 204 administrative duties such as work allocation, training, rostering and guidance of fifteen or more staff and may assist in the recruitment of staff. 2.6 Second Cook (a) Means a person employed as such in a health service that assists the Chef in the discharge of their duties and whenever necessary relieves the Chef during any absence. (b) Second Cook Grade A (i) A second cook employed in a health service with more than 300 beds or a kitchen providing more than 2,000 meals on a daily average. (c) Second Cook Grade B (i) A second cook employed in a health service with 200 or more beds but less than 300 beds or a kitchen providing more than 1,000 meals but less than 2,000 meals on a daily average. (d) Second Cook Grade C (i) A second cook employed in a health service with more than 100 beds but less than 200 beds or a kitchen providing more than 500 meals but less than 1,000 meals on a daily average. (e) Second Cook Grade D (i) A second cook employed in a health service with less than 100 beds or a kitchen providing less than 500 meals on a daily average. 2.7 Health Service Grading for Chef and Second Cook Classifications: (a) Grade A (i) A health service with more than 300 beds or a kitchen providing more than 2,000 meals on a daily average. (b) Grade B (i) A health service with 200 or more beds but less than 300 beds or a kitchen providing more than 1,000 meals but less than 2,000 meals on a daily average. (c) Grade C (i) A health service with more than 100 beds but less than 200 beds or a kitchen providing more than 500 meals but less than 1,000 meals on a daily average. (d) Grade D (i) A health service with less than 100 beds or a kitchen providing less than 500 meals on a daily average. (e) Hospital beds and daily average meals produced are taken from hospital annual returns to the Health Department Victoria, or other relevant materials, as of 30 June of the preceding year. General Services Classifications:Page 147 of 204 2.8 Assistant Gardener (a) Means a person engaged to assist a gardener. 2.9 Cleaner – Windows (a) Means a person cleaning external windows where any part of the window to be cleaned is more than four and a half metres (4.5 metres) from the ground or balcony. Provided that the window is cleaned from the outside of the building. 2.10 Driver 1.25 Tonnes (a) Means a person employed to drive small vehicles (1.25 Tonnes or less) within and between establishments. 2.11 Driver 1.25 – 3.0 Tonnes (a) Means a person employed to perform transport related functions, including drivers of intermediate sized vehicles (1.25 to 3.0 Tonnes). 2.12 Driver Over 3.0 Tonnes (a) Means a person employed to perform transport related functions, including drivers of non-articulated vehicles over 3.0 Tonnes. 2.13 Driver Articulated 12-13 Tonnes (a) Means an Employee performing transport related functions, including drivers of articulated vehicles. 2.14 Gardener Advanced (a) Means a Gardener Trade who holds post-trade qualifications and is capable of, and required to work autonomously and is required to prioritise their own work with a substantial level of accountability and responsibility. 2.15 Gardener (Non Trade) (a) Means an Employee engaged in the pruning or trimming of plants or trees; or in budding, propagating, planting or plotting; or like garden related functions. 2.16 Gardener Superintendent (a) Means a Gardener Trade who is responsible for the supervision, work allocation, on the job training, rostering and/or guidance of gardening staff. 2.17 Gardener Trade (a) Means a tradesperson gardener who has satisfactorily completed the approved apprenticeship course in gardening or who has been issued with an approved trade certificate. 2.18 General Services Supervisor (a) Is a person appointed as such performing work which involves the supervision of staff within the general services stream of this award or the supervision of staff within a general services related department or section. Such a person would be responsible for administrative duties such as work allocation, training, rostering and guidance of fifteen or more staff and may assist in the recruitment of staff.Page 148 of 204 2.19 Handyperson Advanced (a) Is a Handyperson Trade who holds post-trade qualifications and is capable of, and required to work autonomously, and is required to prioritise their own work with a substantial level of accountability and responsibility. 2.20 Handyperson Trade (a) Means a person employed as a handyperson who has satisfactorily qualified as a tradesperson under the Industrial Training Act 1975 or holds an equivalent qualification acceptable to the Employer. 2.21 Handyperson (Unqualified) (a) Means a person employed to perform basic maintenance work. 2.22 Cleaner (a) Means a person employed to perform basic cleaning functions in health services. 2.23 Security Officer Grade 1 (a) Means an Employee performing a dedicated security function involving the security of patients, staff or the facilities. 2.24 Security Officer Grade 2 (a) An Employee as per Security Officer Grade 1 who is required to regularly access computers in the course of their employment and/or has been provided with relevant training. Technical, Clinical and Personal Care Classifications: 2.25 Technical, Therapy and Personal Care Supervisor (a) Is a person appointed as such performing work which involves the supervision of staff within the Technical, Clinical and Personal Care stream of this agreement, or the supervision of staff within a Technical, Therapy and Personal Care related department or section (but excluding Pathology Collectors). (b) Such a person would be responsible for administrative duties such as work allocation, training, rostering and guidance of fifteen or more staff and may assist in the recruitment of staff. 3. ALLIED HEALTH ASSISTANT STRUCTURE 3.1 Allied Health Assistant Grade 1 (Unqualified) (a) Is an unqualified person who is required to perform work of a general nature under the direct supervision of an Allied Health Professional. The Assistant can work under supervision, either individually, or in a team performing a wide range of duties, for example; this may include collection and preparation of equipment, maintaining client contact details, monitoring clients to ensure that they follow their program. (b) An Allied Health Assistant Grade 1 will not be required to hold any qualifications. Where an Allied Health Assistant Grade 1 seeks to obtain a Certificate III (Allied Health Assistance) from a registered training organisation during the life of this Agreement, (expiry date 31/07/09), the Employer, where practicable, will assist the person to complete thePage 149 of 204 qualification. Such assistance may include financial assistance, flexible rostering, supervised practice and/or study leave. (c) Automatic progression to grade 2 will occur upon the successful completion of the Certificate III in Health Services Assistance (Allied Health Assistance) based on the date of certification from the registered training organisation. Note it is the responsibility of the Employee to provide evidence of their qualification. 3.2 Allied Health Assistant Grade 2 (Qualified) (a) Is a qualified person who is required to perform work of a general nature under the supervision of an Allied Health Professional. (b) A mandatory requirement for this level is successful completion of at least the Certificate III (Allied Health Assistance) from a registered training organisation or its equivalent. (c) A qualified Allied Health Assistant performs a wide range of duties to support the work of Allied Health Professionals. (d) The Allied Health Assistant Grade 2 is able to: (e) Perform the full range of duties of a Grade 1. (f) Work directly with an Allied Health Professional; work alone or in teams under supervision following a prescribed program of activity. (g) Use communication and interpersonal skills to assist in meeting the needs of clients. (h) Accurately document client progress and maintain documents as required. (i) Demonstrate a capacity to work flexibly across a broad range of therapeutic and program related activities. (j) Identify client circumstances that need additional input from the Allied Health Professional. (k) Prioritise work and accept responsibility for outcomes within the limit of their accountabilities. 3.3 Allied Health Assistant Grade 3 (Qualified) (a) Is a qualified person who is required to perform work of a general nature under the supervision of an Allied Health Professional. (b) An Allied Health Assistant Grade 3 is a person appointed as such. A mandatory requirement for this level is successful completion of at least the Certificate IV (Allied Health Assistance) from a registered training organisation or its equivalent. (c) The Allied Health Assistant Grade 3 is able to: (i) Perform the full range of duties of a Grade 1 and Grade 2. (ii) Understand the basic theoretical principles of the work undertaken by the Allied Health Professional whom they are employed to support. (iii) Work with minimum supervision to implement therapeutic and related activities, including maintenance of appropriate documentation.Page 150 of 204 (iv) Identify client circumstances that need additional input from the Allied Health Professional, including suggestions as to appropriate interventions. (v) Demonstrate very good communication and interpersonal skills. (vi) Organise their own workload and to set work priorities within the program established by the Allied Health Professional. (vii) If required, to assist in the supervision the work being performed by Grade 1 and 2 Allied Health Assistants and those in training. 4. PERSONAL CARE WORKER STRUCTURE 4.1 The classification of Personal Care Worker, which was introduced from 15 April 2003, replaces the Nursing Attendant classification in low care/dual care residential aged care facilities. 4.2 The terms low care, multiple (dual) care and high care residential aged care facilities have the following meanings: (a) Residential Aged Care Facility - means a facility in which residential aged care is provided pursuant to the Aged Care Act 1997 (Commonwealth) but excludes public sector institutions. (b) Low Care – means a residential aged care facility which only admits residents with a low care ACAS classification and does not offer or provide on a permanent basis services to residents with a high care ACAS classification. (c) Multiple (Dual) Care - means a residential aged care facility: (i) which admits residents with a low care AC-AS classification and provides or offers service to residents with a high care ACAS classification (aging in place); or (ii) that primarily admits residents with a low care ACAS classification, but is approved to and admits residents with a high care ACAS classification. (d) High Care - means a residential aged care facility which principally admits residents with a high care ACAS classification. (e) ACAS Classification - means the classification given to a care recipient/resident under the Aged Care Act 1997 (Commonwealth). 4.3 Personal Care Worker Grade 1 (a) Means a person employed in a low care or multiple (dual care) residential aged care facility or like service (but not including dedicated disability services or establishments respondent to the Residential and Support Services – Victoria – Award 1999) to provide personal care for disabled or aged persons in a residential aged care facility. Such a person will assist with all personal and developmental needs under supervision. (b) A Personal Care Worker Grade 1 shall not be required to possess formal qualifications. They will be advised of this in writing upon appointment. 4.4 Personal Care Worker Grade 2Page 151 of 204 (a) Means a person employed in an aged care service or like service (but not including dedicated disability services or establishments respondent to the Residential and Support Services – Victoria – Award 1999) to provide personal care for disabled or aged persons in a low care of multiple (dual) care residential aged care facility. Such a person is required to undertake the duties of a Personal Care Worker Grade 1; and (b) A Personal Care Worker Grade 2 holds, at the time of engagement, a nationally accredited certificate at Australian Quality Framework Level 2 or 3 (or equivalent) awarded by a Registered Training Organisation; or is required by the organisation to obtain such a certificate as a condition of employment. An Employee shall be advised of such a requirement in writing prior to undertaking the course, or by a verbal request that is subsequently reduced to writing. 4.5 Personal Care Worker Grade 3 (a) Means a person employed in an aged care service or like service (but not including dedicated disability services or establishments respondent to the Residential and Support Services – Victoria – Award 1999) to provide personal care for disabled or aged persons in a high care residential aged care facility. Such a person is required to undertake the duties of a Personal Care Worker Grade 1; and (b) A Personal Care Worker Grade 3 holds, at the time of engagement, a nationally accredited certificate at Australian Quality Framework Level 3 (or equivalent) awarded by a Registered Training Organisation; or is required by the organisation to obtain such a certificate as a condition of employment. An Employee shall be advised of such a requirement in writing prior to undertaking the course, or by a verbal request that is subsequently reduced to writing. 5. CLERICAL/ADMINISTRATIVE SUPPORT SERVICES STRUCTURE 5.1 This clerical classification structure replaces the pre-existing structure contained within the Health and Allied Services – Public Sector – Victoria Consolidated Award 1998. 5.2 CLERICAL WORKER GRADE C (a) Description (i) Positions at Grade C level are regarded as experienced clerical staff working within a well defined work environment. (ii) Employees at this level are expected to input and extract data, provide information and occasionally produce reports. They will be required to balance the operation of a number of clerical systems. (iii) Grade C positions have a level of discretion, depending upon the individual Employee’s experience and confidence, but any discretion is regulated by system protocols. (b) Work Level Standard (i) Grade C positions use clerical systems, administrative data, health service information and systems to undertake a number of mostly standard procedures, which are supported by protocols.Page 152 of 204 (ii) Positions at this level require mostly standard dealings with clinical staff and thoughtful direct dealings with the public and/or sensitive phone contact with the public. These dealings are likely to occur in a ward-based setting that may have some similarities to the work in an emergency setting, but without the significant time and service pressures. (iii) Grade C positions are routinely required to operate one predominant data system, but may also utilise a small number of other support systems for particular information. (iv) System content is factual, involving standard and predictable transactions. Care must be taken at all times to minimise errors. (v) Grade C positions can work individually within a mixed team or in a team of Employees with similar skills. At all times they are accountable for their unique tasks. When working within mixed teams they are expected to work cooperatively with others. Within work teams doing similar work, Employees may rotate through a variety of tasks, as determined by managers, to provide varied work and achieve work area outcomes. (vi) Employees at this level may be asked, from time to time, to provide induction training for other like Employees. (vii) Work outcomes for Grade C positions are either checked by a supervisor or, if a sole operator, are audited by a work system. (viii) Communication within the work area focuses on well established, but a limited range of routinely required information. (ix) Grade C positions require a good understanding of hospital systems. Employees at this level are expected to understand hospital procedures, information requirements and protocols so they can be communicated confidently and supportively to members of the public. 5.3 CLERICAL WORKER GRADE B (a) Description (i) Positions at Grade B level are regarded as experienced clerical staff working in more complex work environments or circumstances. (ii) In addition to the provision of information, the input and extraction of data and production of reports, Employees at this level may be required to manage a number of more complex information systems, balance their operation and provide routine data support to their team or manager. (iii) Grade B positions set their own work schedule, within limits. Employees at this level are expected to be responsive toPage 153 of 204 circumstances and regularly modify work priorities to meet their own and team needs. (b) Work Level Standard (i) Grade B level positions are responsible for using a range of data, information processes and systems, which are all supported by protocols. (ii) While systems used by positions at this level are standardised, the tasks are mostly performed under significant time and service pressures. Employees usually work directly with time sensitive clinical staff and anxious members of the public, as would be experienced in an emergency department setting. (iii) Grade B positions are also those responsible for operating a number of more complex systems, and/or complex data integration between standard systems. (iv) System content is predominantly factual. Reliance is placed on the data quality by those outside the work area and data errors bring risks to the reputation or standards expected of the wider work area. (v) Employee working in Grade C positions, but who are routinely required by management to provide on the job training, or routinely mentor like Employees who are learning a Grade C role, may be classified as Grade B. (vi) Grade B positions are expected to perform within formal or informal protocols under general supervision. (vii) Employees at this level usually work in a specialist role or under emergency department patient or clinical pressure. They are expected to adapt their activities to suit the clinical or environmental circumstances they face. (viii) Communication within the work area is similar to Grade C, with the added requirement of coping with a more complex set of systems and/or a more pressurised work environment and/or more anxious members of the public. The pressurised work environment and/or more anxious members of the public will most likely be found in an emergency or triage setting, rather than a ward-based setting. (ix) Grade B positions are required to focus on gaining public confidence, to simultaneously obtain information required by the hospital, while providing reassurance to members of the public. 5.4 CLERICAL WORKER GRADE A (a) Description (i) Positions at Grade A level are the most complex clerical roles, providing high level knowledge, delivering unique team or specialist outcomes at a level equivalent to lower level administrative roles.Page 154 of 204 (ii) Employees at this level may be content specialists in a particular clerical function, or provide broad personalised secretarial support to a senior manager or clinical specialist. (iii) Grade A clerical positions plan their own work schedule, within limits, and adapt their schedule to the needs of the work area or manager. Employees at this level are required to exercise individual judgement. (b) Work Level Standard (i) Grade A level positions operate information, administrative and/or technical systems that require more judgement to track and manage. (ii) Data content and transactions at this level are varied and complex. Protocols exist, but judgement is required in the selection of the appropriate action. (iii) At this level, integration with other systems is standard and frequent. Interpretation is required, with the assessments made by Employees having an impact on decision making by others. (iv) Employees at this level are relied upon by others to provide factual, reliable and responsive information relevant to the work of others and the team, with errors directly impacting the work area’s reputation and performance. (v) Grade A positions are integral to the efficient operation of a more complex mixed skill team, or the performance of a senior manager or clinical specialist. (vi) Employees at this level are expected to provide higher level and unique support and/or training, leadership or mentoring for other like staff. Employees may undertake supervision of other clerical workers, including allocating work and/or the rostering of staff. (vii) Specialists in the work area use the information provided by Grade A positions in making decisions. So Employees at this level exercise autonomy and discretion, selecting from broadly defined options. (viii) Grade A positions require influencing skills to ensure that the information is effectively communicated within the work area, to the manager or clinical specialist and to the public in order to maximise work area performance and public confidence.Page 155 of 204 SCHEDULE D – DENTAL ASSISTANTS CLASSIFICATION STRUCTURE 1. This classification structure applies only to Dental Assistants who are now employed by the Health Services covered by this Agreement but were previously employed by the Dental Health Services Victoria and it was agreed that their terms and conditions were to be maintained. 2. Progression between pay points within each of the salary ranges in the classification structure is based on annual assessment under the Employer’s Performance Management Policy, as varied from time to time. Provided that Employees engaged on or after 12 September 2005 shall not progress beyond Pay Point 2.5 within the Grade 2 salary range until such time as they have completed a Certificate III. 3. The Employer shall classify each Dental Assistant employed under this Agreement at the appropriate level/classification within the four-level classification structure set out in this Schedule D. 4. A Dental Assistant is an Employee who holds a Dental Assistant Certificate of Accreditation and badge issued by the Council of Australian Dental Association, or an equivalent standard of qualification/experience recognised by the Employer, and who provides clinical chair side assistant to dental practitioners. 5. The following principles apply to progression between pay points within the four level Dental Assistant classification structure: 5.1 Progression from Dental Assistant Grade 1(a) (newly qualified Dental Assistant with Certificate III) to Dental Assistant Grade 2 shall be subject to satisfactory completion of a mandatory 12 month period at Grade 1(a). Progression is from Pay Point 1.1 to Pay Point 2.1. Subject to satisfactory completion of a mandatory 12 month period at Pay Point 2.1, an Employee shall progress to Pay Point 2.2. 5.2 Progression from Dental Assistant Grade 1(b) (re-entry after three years outside the workforce) to Dental Assistant Grade 2 shall be subject to satisfactory completion of a mandatory 12 month period at Grade 1(b). Progression is from Pay Point 1.2 to Pay Point 2.2. 5.3 Employees engaged on or after 12 September 2005 shall not progress beyond Pay Point 2.5 within the Grade 2 salary range until such time as they have completed a Certificate III. 5.4 Progression between the classifications of Dental Assistant Grade 2 to Grade 3 – Senior Clinical Dental Assistant shall be by appointment only. Progression between pay points within the Grade 3 classification structure shall be based on annual performance assessment under the Employer’s Performance Management Policy. 5.5 If a Grade 2 Dental Assistant is appointed to Grade 3 and at the time of the appointment is being paid at Pay Point 2.9, the Employee will be appointed to Pay Point 3.2. In all other cases Employees shall be appointed to the base of the salary range. 5.6 Progression between Grade 3 – Senior Clinical Dental Assistant and Grade 4 – Clinical Coordinator Dental Assistant shall be by appointment only. Progression between pay points within the Grade 3 classification structure shall be based on annual performance assessment under the Employer’s Performance Management Policy.Page 156 of 204 5.7 If a Grade 3 Dental Assistant is appointed to Grade 4 and at the time of the appointment is being paid at Pay Point 3.5, the Employee will be appointed to Pay Point 4.2. In all other cases Employees shall be appointed to the base of the salary range.Page 157 of 204 SCHEDULE E – DENTAL THERAPISTS, DENTAL HYGIENISTS AND ORAL HEALTH THERAPISTS CLASSIFICATION STRUCTURE 1. This classification structure applies only to Dental Therapists, Dental Hygienists and Oral Health Therapists 2. Subject to this Schedule E, a Therapist/Hygienist shall be eligible to progress annually to the next available salary point of their classification, subject to the Therapist/Hygienist demonstrating to the Employer that they have, over the preceding 12 months: 2.1 Undertaken career development relevant to oral health and the services provided at the Employer's clinic or where this has not occurred, has entered into an arrangement where this will occur 2.2 Satisfied the Employer's requirements as to throughput of clinical services and associated administrative duties. 2.3 Fully complied with the Employer's operational policies and protocols as to infection control, clinical standards and response to emergency presentations 2.4 Had minimal remedial interventions 2.5 Achieved an appropriate level of patient satisfaction as to public patients treated 2.6 Satisfied the progression assessment criteria provided for in the classification structure of this Agreement at clauses 62 and 61. 2.7 Complied with the duties and responsibilities specified in their personal Position Description 3. The progression assessment criteria are more particularly set out below. 3.1 Progression between levels (a) Progression for a Therapist/Hygienist from a lower to a higher level shall be based on competencies and criteria listed in the Classification Structure of this Agreement. A Therapist/Hygienist may be accorded a higher classification subsequent to a performance review by the Employer. A Therapist/Hygienist may seek a reclassification at any given time following which the Employer is obliged to undertake a performance review. 3.2 Progression between salary points within a given level (a) A Therapist/Hygienist will be assessed formally for progression to the next salary point, within the same level, annually. Assessment will be based on matching actual achievement for a given year against the key performance indicators formulated for Levels 1 and 2. Achievement of performance targets will result in progression to the next salary point. (b) A Dental Therapist/Hygienists who is qualified and registered as both a dental therapist and dental hygienist with the DBA (or successor) or qualified and registered as an oral health therapist shall be classified according to the appropriate Dual Qualified pay code for their classification level under clause 4 of this Schedule E, unless classified as a Graduate. 4. The Employer shall classify each existing and new Therapist/Hygienist employed under this Agreement as a Therapist/Hygienist Graduate, Level 1, 2, 3 or 4. Classification competencies are: 4.1 Graduate - Basic diagnostic and treatment skills for the broad range of patients in routine clinical situations. Capacity to recognise clinical limitations and seek supportPage 158 of 204 4.2 Level 1 - Graduate skills plus - broader range of patient base including those with disabilities and more complex medical histories. Ability to independently provide a range of dental services within their scope of practice. Developing an understanding of dental public health principles. 4.3 Level 2 - Level 1 skills plus - advanced skills in managing most difficult clinical situations, clients with more complex medical histories and those with disabilities. Ability to provide a broad range of efficient dental services within their scope of practice. Appropriate skills for the resolution of patient complaints. Should be able to act as a mentor to clinicians with less experience. High level of understanding of dental public health principles. 4.4 Level 3 - Level 2 skills plus - highly advanced skills in managing all difficult clinical situations within their scope of practice, including complex medical histories and patients with disabilities. Ability to provide a highly advanced range of efficient dental services, rarely requiring support or advice from more senior clinicians within their clinical scope of practice. Ability to provide advice to other dental practitioners and accept referrals. Act as a mentor and supervisor to less experienced clinicians and/or undergraduate students. Well developed skills in clinical leadership, effective communication and, managing patient complaints. Capacity to participate and contribute to service developments and improvements. 4.5 Level 4 - Level 3 skills plus – leadership and management skills including high level written and verbal communication skills, supervisory skills, ability to undertake staff reviews, ability to interpret financial reports and plan dental budgets. Ability to actively participate and contribute to service developments and improvements, including quality improvement initiatives.Page 159 of 204 Classification Description Indicative Occupation Graduate Under the general oversight of a more senior clinician performs basic dentistry consistent with their scope of practice and credentialing. This is the entry level for a graduate Therapist/Hygienist acquiring experience in dentistry Recently graduated Therapist/Hygienist Level 1 Performs routine dentistry consistent with their scope of practice and credentialing. This is a moderate skill level and includes the moderately experienced Therapist/Hygienist who is competent in basic tasks. May require regular professional support and mentoring. Therapist/Hygienist still gaining experience Level 2 An experienced Therapist/Hygienist who performs all dentistry within their scope of practice and credentialing. This is the broad based skill level. It encompasses an experienced Therapist/Hygienist who is competent in all general dental tasks and who would be expected to be familiar with and be able to exhibit a number of more advanced tasks that are commonly performed within their scope of practice. The Therapist/Hygienist at this level must have demonstrated a commitment to professional development, and may act as a mentor to less experienced staff when required. Experienced Therapist/Hygienist Level 3 A Level 3 Therapist/Hygienist includes an experienced Therapist/Hygienist who is widely recognised for their exceptional competence and has a proven record for carrying out a broad range of advanced and complex dental procedures within their scope of practice and credentialing. A Level 3 Therapist/Hygienist frequently receives referrals from other dental practitioners and is called upon for dental advice within their scope of practice. A level 3 Therapist/Hygienist has achieved a high level of clinical competence, provides leadership, communicates effectively both within their service and externally, participates in staff induction and professional development, and acts as a mentor and supervisor to less experienced staff and to students. Senior Clinical Therapist/Hygienist Position by appointment Level 4 A Level 4 Therapist/Hygienist is an experienced Therapist/Hygienist who in addition to advanced level clinical skills within their scope of practice and credentialing is responsible for the leadership and management of a clinical team of 3 or more equivalent full-time Employees. A Level 4 Therapist/Hygienist possesses high level leadership and management skills, excellent communication and interpersonal skills and a high commitment to public health principles. A Level 4 Therapist/Hygienist would typically be responsible for managing special projects and/or local budgets. Team Leader Position by appointmentPage 160 of 204 5. Progression between levels and progression between salary points within a given level will be in accordance with the salary progression criteria detailed in the following tables:Page 161 of 204 Progression Criteria /Key Performance Indicators) Therapist/Hygienist Graduate Therapist/Hygienist Level 1 Therapist/Hygienist Level 2 Clinical competency (To be considered in conjunction with Merri Health’s formal clinical review process to assess achievement of this indicator. • Undertake a clinical role associated with basic diagnostic and treatment skills together with the ability to recognise clinical limitations • In addition to Graduate skills, • Independently provide a range of services to a broader client base, including those with disability and or more complex medical histories, with greater efficiency • In addition to Level 2 skills, • Provide dental care under most difficult clinical situations, and rarely requiring support and advice from more experienced clinicians • Where required, should act as a mentor to less experienced staff Service quality • Provide clinical care consistent with organisation policies, standards and guidelines • Comply with dental record standards • Undertake appropriate patient referrals • Participate in the review and continuous improvement of the quality of clinical care including contribution to external accreditation processes • In addition to Graduate requirements, • Actively participate in the review and continuous improvement of the quality of clinical care including contribution to external accreditation processes • In addition to Level 1 requirements, • Provide clinical support and advice to students, dental staff and less experienced Therapist/Hygienists, including conducting of clinical reviews Dental Public Health • Demonstrate basic knowledge and understanding of dental public health principles • Demonstrate developing knowledge and understanding of dental public health principles • Demonstrate a high level of understanding dental public health principles, including the capacity to impart such knowledge to less experienced dental staffPage 162 of 204 Progression Criteria /Key Performance Indicators) Therapist/Hygienist Graduate Therapist/Hygienist Level 1 Therapist/Hygienist Level 2 Productivity • Achieve productivity benchmarks in accordance with Employer policies and guidelines • Achieve productivity benchmarks in accordance with Employer policies and guidelines Achieve productivity benchmarks in accordance with Employer policies and guidelines Infection control • Comply with infection control policy and guidelines • Demonstrate knowledge and understanding of guidelines • As per Graduate and • Demonstrate interest and commitment in the implementation and maintenance of infection control policy and protocol • As per Level 1 and • Assist in the implementation and maintenance of infection control policy and protocol, including identification of gaps and potential areas for improvement Occupational health and safety • Comply with occupational health and safety policy and guidelines • Demonstrate knowledge and understanding of guidelines • As per Graduate and • Demonstrate interest and commitment in the implementation and maintenance of occupational health and safety policy and protocol • As per Level 1 and • Assist in the implementation and maintenance of occupational health and safety policy and protocol, including identification of gaps and potential areas for improvement Teamwork and communication • Demonstrate ability to work within a team and exercise sound communication skills • Demonstrate flexibility in terms of task performance, (and work location and hours of work where appropriate) • As per Graduate and • Foster sound teamwork among dental program staff and other agency staff • As per Level 1 and • Demonstrate interpersonal skills in the liaison and networking with relevant professional and community groupsPage 163 of 204 Progression Criteria /Key Performance Indicators) Therapist/Hygienist Graduate Therapist/Hygienist Level 1 Therapist/Hygienist Level 2 Customer service • Demonstrate professional manner in dealing with clients and the public, including provision of appropriate responses to client enquiries and complaints • Refer complaints to senior clinicians • As per Graduate • As per Level 1 and • Demonstrate potential leadership in facilitating excellent customer service Administrative/procedural • Comply with administrative tasks as required • Ensure optimal and consistent use of Electronic Patient Management System • As per Graduate and • Undertake specific projects as required • As per Level 1 and • Ensure clinic administration tasks are undertaken within designated timelines • Ensure implementation of and adherence to relevant policy and guidelines • Undertake specific projects as requiredPage 164 of 204 Progression Criteria /Key Performance Indicators) Therapist/Hygienist Graduate Therapist/Hygienist Level 1 Therapist/Hygienist Level 2 Professional / personal development • Demonstrate willingness to undertake professional development and continuing education, both work and self sponsored • Provide evidence of CPD as required by DBA • As per Graduate and • Assist in identification of professional development needs of dental program staff, and the implementation of programs to address such needs • As per Level 1 and • Identify professional development needs of dental program staff and assist in implementing program to address such needs • Present topics at seminars/meetings conducted by the organisation Clinic management • Follow management instructions and contribute to the day to day running of the clinic • Demonstrated interest in acquisition of clinic/program management skills • Demonstrated assistance in acquisition of clinic/program management skillsPage 165 of 204 SCHEDULE F – SOCIAL AND COMMUNITY SERVICES EMPLOYEE CLASSIFICATION STRUCTURE 1. DEFINITIONS 1.1 Social work includes the assisting of an individual to achieve the best possible personal, family and social adjustment, the treatment of social problems by group techniques, research into social needs and anomalies and action undertaken to correct such needs and anomalies and community organisation. 1.2 Welfare work includes: (a) Information collection and provision related to benefits and services and community resources available to clients; (b) Assistance in the resolution of specified problems; (c) Supportive counselling to clients without complex personal problems; (d) Direct service provision and care for people in residential settings, day and occasional care settings; (e) Referral and liaison to other professionals and agencies; (f) Community work including the organising of community facilities to meet gaps in services or developing community interest and action in providing for social welfare needs. 1.3 Community development work means working with a community (as defined) to address issues, needs and problems for that community through facilitating collective solutions, by the use of one or more of the following: (a) Research and analysis of community issues, needs or problems; (b) Development and maintenance of community resources; (c) Community organisation; (d) Development, maintenance and evaluation of community programs; (e) Community policy development, interpretation and implementation; (f) Community planning; (g) Representation, advocacy, negotiation and mediation within and between communities, agencies, institutions and government; (h) Development and maintenance of networks; (i) Liaison with community groups, other workers and professionals, agencies and government; (j) Development and transfer of skills and knowledge in community organisation, community education, advocacy, resource development, cultural awareness and other relevant areas, within the community (as defined); (k) Public and community education and public relations; (l) Preparation and distributions of written, audio-visual and other material as required;Page 166 of 204 (m) Administrative tasks associated with the maintenance of community projects including preparation of submissions, reports of financial documentation; (n) Assisting individual members of a community in relation to other professionals, institutions, community agencies, government and other bodies; (o) Community campaign development and organisation; but excluding the predominant use of direct service delivery to clients, individual casework and counselling. (p) Community mean a group defined in geographical, cultural, economic, social, demographic, special interest and/or political terms and is deemed to include those based on gender, race, ethnicity, disability, workplace, residence or age and may be self-defined. 1.4 Youth work means working with or for young people towards their personal and social development during their transition from childhood to adulthood, by use of one or more of the following functions: (a) Collection and distribution of materials and information pursuant to their development and need; (b) Assistance in the resolution of specific problems; (c) Provision of activities and facility management for leisure time; (d) Liaison with and referral to other professionals and agencies; (e) Supportive counselling to young people with personal problems or those confronting crisis; (f) Coordination of activities or facilities for the development of independent living skills. 2. CLASSIFICATIONS 2.1 Social and community services employee level 1 (a) Characteristics of the level (i) A person employed as a Social and community services employee level 1 works under close direction and undertakes routine activities which require the practical application of basic skills and techniques. They may include the initial recruit who may have limited relevant experience. (ii) General features of work in this level consist of performing clearly defined activities with outcomes being readily attainable. Employees’ duties at this level will be closely monitored with instruction and assistance being readily available. (iii) Freedom to act is limited by standards and procedures. However, with experience, employees at this level may have sufficient freedom to exercise judgment in the planning of their own work within those confines. (iv) Positions at this level will involve employees in extensive on-the-job training including familiarisation with the goals and objectives of the workplace. (v) Employees will be responsible for the time management of their work and required to use basic numeracy, written and verbal communication skills, and where relevant, skills required to assist with lifestyle support.Page 167 of 204 (vi) Supervision of other staff or volunteers is not a feature at this level. However, an experienced employee may have technical oversight of a minor work activity. (vii) At this level, employers are expected to offer substantial internal and/or external training. (b) Responsibilities A position at this level applies established practices and procedures. (c) Requirements of the position Some or all of the following are needed to perform work at this level: (i) Skills, knowledge, experience, qualifications and/or training A. developing knowledge of the workplace function and operation; B. basic knowledge of administrative practices and procedures relevant to the workplace; C. a developing knowledge of work practices and policies of the relevant work area; D. basic numeracy, written and verbal communication skills relevant to the work area; E. at this level employers are required to offer substantial on-the-job training. (ii) Organisational relationships Work under direct supervision. (iii) Extent of authority A. Work outcomes are clearly monitored. B. Freedom to act is limited by standards and procedures. C. Solutions to problems are found in established procedures and instructions with assistance readily available. D. Project completion according to instructions and established procedures. E. No scope for interpretation. 2.2 Social and community services employee level 2 (a) Characteristics of the level (i) A person employed as a Social and community services employee level 2 will work under general guidance within clearly defined guidelines and undertake a range of activities requiring the application of acquired skills and knowledge (ii) General features at this level consist of performing functions which are defined by established routines, methods, standards and procedures with limited scope to exercise initiative in applying work practices and procedures. Assistance will be readily available. Employees may be responsible for a minor function and/or may contribute specific knowledge and/or specific skills to the work of the organisation. In addition, employees may be required to assist senior workers with specific projects.Page 168 of 204 (iii) Employees will be expected to have an understanding of work procedures relevant to their work area and may provide assistance to lower classified employees or volunteers concerning established procedures to meet the objectives of a minor function. (iv) Employees will be responsible for managing time, planning and organising their own work and may be required to oversee and/or guide the work of a limited number of lower classified employees or volunteers. Employees at this level could be required to resolve minor work procedural issues in the relevant work area within established constraints. (v) Employees who have completed an appropriate certificate and are required to undertake work related to that certificate will be appointed to this level. Where the appropriate certificate is a level 4 certificate the minimum rate of pay will be pay point 2. (vi) Employees who have completed an appropriate diploma and are required to undertake work related to the diploma will commence at the second pay point of this level and will advance after 12 full-time equivalent months’ satisfactory service. (b) Responsibilities A position at this level may include some of the following: (i) undertake a range of activities requiring the application of established work procedures and may exercise limited initiative and/or judgment within clearly established procedures and/or guidelines; (ii) achieve outcomes which are clearly defined; (iii) respond to enquiries; (iv) assist senior employees with special projects; (v) perform elementary tasks within a community service program requiring knowledge of established work practices and procedures relevant to the work area; (vi) perform tasks of a sensitive nature including the provision of more than routine information, the receiving and accounting for moneys and assistance to clients; (vii) assist with administrative functions; (c) Requirements of the position Some or all of the following are needed to perform work at this level: (i) Skills, knowledge, experience, qualification and/or training A. basic skills in oral and written communication with clients and other members of the public; B. knowledge of established work practices and procedures relevant to the workplace; C. knowledge of policies relating to the workplace; D. application of techniques relevant to the workplace;Page 169 of 204 E. developing knowledge of statutory requirements relevant to the workplace; F. understanding of basic computing concepts. (ii) Prerequisites A. an appropriate certificate relevant to the work required to be performed; B. will have attained previous experience in a relevant industry, service or an equivalent level of expertise and experience to undertake the range of activities required; C. appropriate on-the-job training and relevant experience; or D. entry point for a diploma without experience. (iii) Organisational relationships A. work under regular supervision except where this level of supervision is not required by the nature of responsibilities under 2.2(b) being undertaken; B. provide limited guidance to a limited number of lower classified employees. (iv) Extent of authority A. work outcomes are monitored; B. have freedom to act within established guidelines; C. solutions to problems may require the exercise of limited judgment, with guidance to be found in procedures, precedents and guidelines. Assistance will be available when problems occur. 2.3 Social and community services employee level 3 (a) Characteristics of this level (i) A person employed as a Social and community services employee level 3 will work under general direction in the application of procedures, methods and guidelines which are well established. (ii) General features of this level involve solving problems of limited difficulty using knowledge, judgment and work organisational skills acquired through qualifications and/or previous work experience. Assistance is available from senior employees. Employees may receive instruction on the broader aspects of the work. In addition, employees may provide assistance to lower classified employees. (iii) Positions at this level allow employees the scope for exercising initiative in the application of established work procedures and may require the employee to establish goals/objectives and outcomes for their own particular work program or project. (iv) Employees will be responsible for managing and planning their own work and that of subordinate staff or volunteers and may be required to deal with formal disciplinary issues within the work area.Page 170 of 204 (v) Those with supervisory responsibilities should have a basic knowledge of the principles of human resource management and be able to assist subordinate staff or volunteers with on-the-job training. They may be required to supervise more than one component of the work program of the organisation. (vi) Graduates with a three year degree that undertake work related to the responsibilities under this level will commence at no lower than pay point 3. Graduates with a four year degree that undertake work related to the responsibilities under this level will commence at no lower than pay point 4. (b) Responsibilities (i) To contribute to the operational objectives of the work area, a position at this level may include some of the following: (ii) undertake responsibility for various activities in a specialised area; (iii) exercise responsibility for a function within the organisation; (iv) allow the scope for exercising initiative in the application of established work procedures; (v) assist in a range of functions and/or contribute to interpretation of matters for which there are no clearly established practices and procedures although such activity would not be the sole responsibility of such an employee within the workplace; (vi) assist with or provide a range of records management services, however the responsibility for the records management service would not rest with the employee; (vii) supervise a limited number of lower classified employees or volunteers; (viii) allow the scope for exercising initiative in the application of established work procedures; (ix) deliver single stream training programs; (x) co-ordinate elementary service programs; (xi) provide assistance to senior employees; (xii) where prime responsibility lies in a specialised field, employees at this level would undertake at least some of the following: (xiii) undertake some minor phase of a broad or more complex assignment; (xiv) perform duties of a specialised nature; (xv) provide a range of information services; (xvi) plan and co-ordinate elementary community-based projects or programs; (xvii) perform moderately complex functions including social planning, demographic analysis, survey design and analysis. (c) Requirements of the job Some or all of the following are needed to perform work at this level:Page 171 of 204 (i) Skills, knowledge, experience, qualifications and/or training A. thorough knowledge of work activities performed within the workplace; B. sound knowledge of procedural/operational methods of the workplace; C. may utilise limited professional or specialised knowledge; D. working knowledge of statutory requirements relevant to the workplace; E. ability to apply computing concepts. (ii) Prerequisites A. entry level for graduates with a relevant three year degree that undertake work related to the responsibilities under this level—pay point 3; B. entry level for graduates with a relevant four year degree that undertake work related to the responsibilities under this level—pay point 4; C. associate diploma with relevant experience; or D. relevant certificate with relevant experience, or experience attained through previous appointments, services and/or study of an equivalent level of expertise and/or experience to undertake the range of activities required. (iii) Organisational relationships A. graduates work under direct supervision; B. works under general supervision except where this level of supervision is not required by the nature of the responsibilities under B.3.2 being undertaken; C. operate as member of a team; D. supervision of other employees. (iv) Extent of authority A. graduates receive instructions on the broader aspects of the work; B. freedom to act within defined established practices; C. problems can usually be solved by reference to procedures, documented methods and instructions. Assistance is available when problems occur. 2.4 Social and community services employee level 4 (a) Characteristics of this level (i) A person employed as a Social and community services employee level 4 will work under general direction in functions that require the application of skills and knowledge appropriate to the work. Generally guidelines and work procedures are established. (ii) General features at this level require the application of knowledge and skills which are gained through qualifications and/or previous experience in a discipline. Employees will be expected to contribute knowledge in establishing procedures in the appropriate work-related field. In addition, employees at this level may bePage 172 of 204 required to supervise various functions within a work area or activities of a complex nature. (iii) Positions may involve a range of work functions which could contain a substantial component of supervision. Employees may also be required to provide specialist expertise or advice in their relevant discipline. (iv) Work at this level requires a sound knowledge of program, activity, operational policy or service aspects of the work performed with a function or a number of work areas. (v) Employees require skills in managing time, setting priorities, planning and organising their own work and that of lower classified staff and/or volunteers where supervision is a component of the position, to achieve specific objectives. (vi) Employees will be expected to set outcomes and further develop work methods where general work procedures are not defined. (b) Responsibilities (i) To contribute to the operational objectives of the workplace, a position at this level may include some of the following: (ii) undertake activities which may require the employee to exercise judgment and/or contribute critical knowledge and skills where procedures are not clearly defined; (iii) perform duties of a specialised nature requiring the development of expertise over time or previous knowledge; (iv) identification of specific or desired performance outcomes; (v) contribute to interpretation and administration of areas of work for which there are no clearly established procedures; (vi) expected to set outcomes and further develop work methods where general work procedures are not defined and could exercise judgment and contribute critical knowledge and skills where procedures are not clearly defined; (vii) although still under general direction, there is greater scope to contribute to the development of work methods and the setting of outcomes. However, these must be within the clear objectives of the organisation and within budgetary constraints; (viii) exercise responsibility for various functions within a work area; (ix) provide assistance on grant applications including basic research or collection of data; (x) undertake a wide range of activities associated with program activity or service delivery; (xi) develop, control and administer a records management service for the receipt, custody, control, preservation and retrieval of records and related material; (xii) where the prime responsibility lies in a specialised field, employees at this level would undertake at least some of the following: (xiii) liaise with other professionals at a technical/professional level;Page 173 of 204 (xiv) discuss techniques, procedures and/or results with clients on straight forward matters; (xv) lead a team within a specialised project; (xvi) provide a reference, research and/or technical information service; (xvii) carry out a variety of activities in the organisation requiring initiative and judgment in the selection and application of established principles, techniques and methods; (xviii) perform a range of planning functions which may require exercising knowledge of statutory and legal requirements; (xix) assist senior employees with the planning and co-ordination of a community program of a complex nature. (c) Requirements of the position Some or all of the following are needed to perform work at this level: (i) Skills, knowledge, experience, qualifications and/or training A. knowledge of statutory requirements relevant to work; B. knowledge of organisational programs, policies and activities; C. sound discipline knowledge gained through experience, training or education; D. knowledge of the role of the organisation and its structure and service; E. specialists require an understanding of the underlying principles in the discipline. (ii) Prerequisites A. relevant four year degree with one years relevant experience; B. three year degree with two years of relevant experience; C. associate diploma with relevant experience; D. lesser formal qualifications with substantial years of relevant experience; or E. attained through previous appointments, service and/or study, an equivalent level of expertise and experience to undertake a range of activities, F. Employees undertaking specialised services will be promoted to this level once they have had the appropriate experience and undertake work related to the responsibilities under this level. G. Employees working as sole employees will commence at this level. (iii) Organisational relationships A. works under general direction; B. supervises other staff and/or volunteers or works in a specialised field. (iv) Extent of authority A. required to set outcomes within defined constraints;Page 174 of 204 B. provides specialist technical advice; C. freedom to act governed by clear objectives and/or budget constraints which may involve the contribution of knowledge in establishing procedures within the clear objectives and/or budget constraints where there are no defined established practices; D. solutions to problems generally found in precedents, guidelines or instructions; E. assistance usually available. (v) Positions included at this Grade From the commencement date of this Agreement, Early Childhood Coordinators/Teachers (however so titled) will be classified at the SACS Class 4 level. The duties of an Early Childhood Coordinator/Teacher include: A. Providing Early Childhood Early Intervention Services to children with developmental delay and/or disability; B. Undertake formal and informal developmental screenings/assessments for children; C. Provide education, supports and strategies to families to enable them to follow through the intervention within the home; and D. Liaison with relevant external agencies, such as kindergartens, child carers and government agencies. 2.5 Social and community services employee level 5 (a) Characteristics of the level (i) A person employed as a Social and community services employee level 5 will work under general direction from senior employees. Employees undertake a range of functions requiring the application of a high level of knowledge and skills to achieve results in line with the organisation’s goals. (ii) Employees adhere to established work practices. However, they may be required to exercise initiative and judgment where practices and direction are not clearly defined. (iii) General features at this level indicate involvement in establishing organisation programs and procedures. Positions will include a range of work functions and may involve supervision. Work may span more than one discipline. In addition, employees at this level may be required to assist in the preparation of, or prepare the organisation’s budget. Employees at this level will be required to provide expert advice to employees classified at a lower level and volunteers. (iv) Positions at this level demand the application of knowledge which is gained through qualifications and/or previous experience. In addition, employees will be required to set priorities and monitor work flows in their area of responsibility which may include establishing work programs in small organisations. (v) Employees are required to set priorities, plan and organise their own work and that of lower classified staff and/or volunteers and establish the most appropriatePage 175 of 204 operational methods for the organisation. In addition, interpersonal skills are required to gain the co-operation of clients and staff. (vi) Employees responsible for projects and/or functions will be required to establish outcomes to achieve organisation goals. Specialists may be required to provide multi-disciplinary advice. (b) Responsibilities (i) To contribute to the operational objectives of the work area, a position at this level may include some of the following: (ii) responsibility for a range of functions within the organisation requiring a high level of knowledge and skills; (iii) undertake responsibility for a moderately complex project, including planning, co- ordination, implementation and administration; (iv) undertake a minor phase of a broader or more complex professional assignment; (v) assist with the preparation of or prepare organisation or program budgets in liaison with management; (vi) set priorities and monitor work flow in the areas of responsibility; (vii) provide expert advice to employees classified at lower levels and/or volunteers; (viii) exercise judgment and initiative where procedures are not clearly defined; (ix) understanding of all areas of computer operation to enable the provision of advice and assistance when non-standard procedures/processes are required; (x) monitor and interpret legislation, regulations and other agreements relating to occupational health and safety, workers compensation and rehabilitation; (xi) undertake publicity assignments within the framework of the organisation’s publicity and promotions program. Such assignments would be of limited scope and complexity but would involve the co-ordination of facets of the total program including media liaison, design and layout of publications/displays and editing; (xii) operate as a specialist employee in the relevant discipline where decisions made and taken rest with the employee with no reference to a senior employee; (xiii) undertake duties that require knowledge of procedures, guidelines and/or statutory requirements relevant to the organisation; (xiv) plan, co-ordinate, implement and administer the activities and policies including preparation of budget; (xv) develop, plan and supervise the implementation of educational and/or developmental programs for clients; (xvi) plan, co-ordinate and administer the operation of a multi-functional service including financial management and reporting; (xvii) where the prime responsibility lies in professional services, employees at this level would undertake at least some of the following:Page 176 of 204 (xviii) under general direction undertake a variety of tasks of a specialised and/or detailed nature; (xix) exercise professional judgment within prescribed areas; (xx) carry out planning, studies or research for particular projects including aspects of design, formulation of policy, implementation of procedures and presentation; (xxi) provide reports on progress of program activities including recommendations; (xxii) exercise a high level of interpersonal skills in dealing with the public and other organisations; (xxiii) plan, develop and operate a community service organisation of a moderately complex nature. (c) Requirements of the position Some or all of the following are needed to perform work at this level: (i) Skills, knowledge, experience, qualifications and/or training A. knowledge of organisational programs, policies and activities; B. sound discipline knowledge gained through experience; C. knowledge of the role of the organisation, its structure and services. (ii) Prerequisites A. relevant degree with relevant experience; B. associate diploma with substantial experience; C. qualifications in more than one discipline; D. less formal qualifications with specialised skills sufficient to perform at this level; or E. attained through previous appointments, service and/or study an equivalent level of experience and expertise to undertake the range of activities required. (iii) Organisational relationships A. work under general direction; B. supervise other employees and/or volunteers. (iv) Extent of authority A. exercise a degree of autonomy; B. control projects and/or programs; C. set outcomes for lower classified staff; D. establish priorities and monitor work flow in areas of responsibility; E. solutions to problems can generally be found in documented techniques, precedents and guidelines or instructions. Assistance is available when required. 2.6 Social and community services employee level 6Page 177 of 204 (a) Characteristics of the level (i) A person employed as a Social and community services employee level 6 will operate under limited direction from senior employees or management and undertake a range of functions for which operational policies, practices and guidelines may need to be developed. (ii) General features at this level allow employees the scope to influence the operational activities of the organisation and would require employees to be involved with establishing operational procedures which impact upon the organisation and/or the sections of the community served by it. Employees at this level will be expected to contribute to management of the organisation, assist or prepare budgets, establish procedures and work practices. Employees will be involved in the formation of programs and work practices and will be required to provide assistance and/or expert advice to other employees. Employees may be required to negotiate matters on behalf of the organisation. (iii) Positions at this level will require responsibility for decision-making in the particular work area and the provision of expert advice. Employees will be required to provide consultation and assistance relevant to the workplace. Employees will be required to set outcomes for the work areas for which they are responsible so as to achieve the objectives of the organisation. They may be required to undertake the control and co-ordination of a program, project and/or significant work area. Employees require a good understanding of the long term goals of the organisation. (iv) Employees may exercise managerial responsibility, work independently as specialists or may be a senior member of a single discipline project team or provide specialist support to a range of programs or activities. Positions at this level may be identified by: impact of activities undertaken or achievement of stated outcomes or objectives for the workplace; the level of responsibility for decision-making; the exercise of judgment; delegated authority; and the provision of expert advice. (v) Managing time is essential so outcomes can be achieved. A high level of interpersonal skills is required to resolve organisational issues, negotiate contracts, develop and motivate staff. Employees will be required to understand and implement effective staff management and personnel practices. (b) Responsibilities (i) To contribute to the operational objectives of the work area, a position at this level may include some of the following: (ii) undertake significant projects and/or functions involving the use of analytical skills; (iii) undertake managerial or specialised functions under a wide range of conditions to achieve results in line with organisation goals; (iv) exercise managerial control, involving the planning, direction, control and evaluation of operations which include providing analysis and interpretation for either a major single or multi-specialist operation;Page 178 of 204 (v) undertake a range of duties within the work area, including develop work practices and procedures; problem definition, planning and the exercise of judgment; provide advice on policy matters and contribute to their development; (vi) negotiate on matters of significance within the organisation with other bodies and/or members of the public; (vii) provide advice on matters of complexity within the work area and/or specialised area; (viii) control and co-ordinate a work area or a larger organisation within budgetary constraints; (ix) exercise autonomy in establishing the operation of the work area; (x) provide a consultancy service for a range of activities and/or to a wide range of clients; (xi) where the prime responsibility lies in a specialised field an employee at this level would undertake at least some of the following: (xii) provide support to a range of activities or programs; (xiii) control and co-ordinate projects; (xiv) contribute to the development of new procedures and methodology; (xv) provide expert advice and assistance relevant to the work area; (xvi) supervise/manage the operation of a work area and monitor work outcomes; (xvii) supervise on occasions other specialised staff; (xviii) supervise/manage the operation of a discrete element which is part of a larger organisation; (xix) provide consultancy services for a range of activities. (c) Requirements of the position Some or all of the following are needed to perform work at this level: (i) Skills, knowledge, experience, qualification and/or training A. comprehensive knowledge of organisation policies and procedures; B. specialist skills and/or supervision/management abilities exercised within a multi disciplinary or major single function operation; C. specialist knowledge gained through experience, training or education; D. appreciation of the long term goals of the organisation; E. detailed knowledge of program activities and work practices relevant to the work area; F. knowledge of organisation structures and functions; G. comprehensive knowledge of requirements relevant to the discipline. (ii) Prerequisites A. degree with substantial experience;Page 179 of 204 B. post graduate qualification; C. associate diploma with substantial experience; D. attained through previous appointments, service and/or study with a combination of experience, expertise and competence sufficient to perform the duties required at this level. (iii) Organisational relationships A. works under limited direction from senior employees of the Committee of Management or Board; B. supervision of staff. (iv) Extent of authority A. exercise a degree of autonomy; B. may manage a work area or medium to large organisation or multi-worksite organisation; C. has significant delegated authority; D. selection of methods and techniques based on sound judgment; E. manage significant projects and/or functions; F. solutions to problems can generally be found in documented techniques, precedents, or instructions. Advice available on complex or unusual matters. 2.7 Social and community services employee level 7 (a) Characteristics of the level (i) A person employed as a Community services employee level 7 will operate under limited direction and exercise managerial responsibility for various functions within a section and/or organisation or operate as a specialist, a member of a specialised professional team or independently. (ii) General features at this level require employees’ involvement in establishing operational procedures which impact on activities undertaken and outcomes achieved by the organisation and/or activities undertaken by sections of the community served by the organisation. (iii) Employees are involved in the formation/establishment of programs, the procedures and work practices within the organisation and will be required to provide assistance to other employees and/or sections. (iv) Positions at this level will demand responsibility for decision-making and the provision of expert advice to other areas of the organisation. Employees would be expected to undertake the control and co-ordination of the organisation and major work initiatives. Employees require a good understanding of the long term goals of the organisation. (v) In addition, positions at this level may be identified by the level of responsibility for decision-making, the exercise of judgment and delegated authority and the provision of expert advice.Page 180 of 204 (vi) The management of staff is normally a feature at this level. Employees are required to set outcomes in relation to the organisation and may be required to negotiate matters on behalf of the organisation. (b) Responsibilities (i) To contribute to the operational objectives of the work area, a position at this level may include some of the following: (ii) undertake managerial or specialised functions under a wide range of conditions to achieve results in line with divisional/corporate goals; (iii) exercise managerial control, involving the planning, direction, control and evaluation of operations which include providing analysis and interpretation for either a major single discipline or multi-discipline operation; (iv) develop work practices and procedures for various projects; (v) establish work area outcomes; (vi) prepare budget submissions for senior officers and/or the organisation; (vii) develop and implement significant operational procedures; (viii) review operations to determine their effectiveness; (ix) develop appropriate methodology and apply proven techniques in providing specialised services (x) where prime responsibility lies in a professional field an officer at this level: (xi) controls and co-ordinates projects/programs within an organisation in accordance with corporate goals; (xii) provides a consultancy service to a wide range of clients; (xiii) functions may involve complex professional problem solving; (xiv) provides advice on policy method and contributes to its development. (c) Requirements of the position Some or all of the following are needed to perform work at this level: (i) Skills, knowledge, experience, qualification and/or training A. comprehensive knowledge of policies and procedures; B. application of a high level of discipline knowledge; C. qualifications are generally beyond those required through tertiary education alone, typically acquired through completion of higher education qualifications to degree level and extensive relevant experience; D. lesser formal qualifications with acquisition of considerable skills and extensive relevant experience to an equivalent standard; or E. a combination of experience, expertise and competence sufficient to perform the duties required at this level. (ii) Organisational relationshipsPage 181 of 204 A. works under limited direction; B. normally supervises other employees and establishes and monitors work outcomes. (iii) Extent of authority A. may manage section or organisation; B. has significant delegated authority; C. selection of methods and techniques based on sound judgment (guidance not always readily available within the organisation). Decisions and actions taken at this level may have significant effect on program/project/work areas being managed. 2.8 Social and community services employee level 8 (a) Characteristics of this level (i) A person employed as a Social and community services employee level 8 is subject to broad direction from senior officers and will exercise managerial responsibility for the organisation’s relevant activity. In addition, employees may operate as a senior specialist providing multi-functional advice to either various departments or directly to the organisation. (ii) A person employed as a Social and community services employee level 8 will be subject to broad direction from management/the employer and will exercise managerial responsibility for an organisation. In addition, employees may operate as a senior specialist providing multi-functional advice to other professional employees, the employer, Committee or Board of Management. (iii) General features of this level require the employee’s involvement in the initiation and formulation of extensive projects or programs which impact on the organisation’s goals and objectives. Employees are involved in the identification of current and future options and the development of strategies to achieve desired outcomes. (iv) Additional features include providing financial, specialised, technical, professional and/or administrative advice on policy matters within the organisation and/or about external organisations such as government policy. (v) In addition, employees will be required to develop and implement techniques, work practices and procedures in all facets of the work area. (vi) Employees at this level require a high level of proficiency in the application of theoretical approaches in the search of optimal solutions to new problems and opportunities which may be outside of the original field of specialisation. (vii) Positions at this level will demand responsibility for decision-making within the constraints of organisational policy and require the employees to provide advice and support to all facets of the organisation. Employees will have significant impact upon policies and programs and will be required to provide initiative, and have the ability to formulate, implement, monitor and evaluate projects and programs.Page 182 of 204 (viii) Positions at this level may be identified by the significant independence of action within the constraints of organisational policy. (b) Responsibilities (i) A position at this level may include some of or similar responsibilities to: (ii) undertake work of significant scope and complexity. A major portion of the work requires initiative; (iii) undertake duties of innovative, novel and/or critical nature with little or no professional direction; (iv) undertake functions across a range of administrative, specialist or operational areas which include specific programs or activities, management of services delivery and the provision of high level advice; (v) provide authoritative specialist advice on policy matters and contribute to the development and review of policies, both internal and external; (vi) manage extensive programs or projects in accordance with organisational goals. This may require the development, implementation and evaluation of those goals; (vii) administer complex policy and program matters; (viii) may offer consultancy service; (ix) evaluate and develop/revise methodology techniques with the organisation. The application of high level analytical skills in the attainment and satisfying of organisational objectives; (x) where the prime responsibility is in a specialised field, employees at this level would undertake at least some of the following: (xi) contribute to the development of operational policy; (xii) assess and review the standards of work of other specialised personnel/external consultants; (xiii) initiate and formulate organisational programs; (xiv) implement organisational objectives within corporate goals; (xv) develop and recommend ongoing plans and programs. (c) Requirements of the position Some or all of the following are needed to perform work at this level: (i) Skills, knowledge, experience, qualification and/or training A. detailed knowledge of policy, programs, guidelines, procedures and practices of the organisation and external bodies; B. detailed knowledge of statutory requirements. (ii) Prerequisites A. qualifications are generally beyond those normally acquired through a degree course and experience in the field of specialist expertise;Page 183 of 204 B. substantial post graduate experience; C. lesser formal qualifications and the acquisition of considerable skills and extensive and diverse experience relative to an equivalent standard; or D. attained through previous appointments, service and/or study with a combination of experience, expertise and competence sufficient to perform the duties of the position. 3. PROGRESSION 3.1 An employee will be eligible for progression from one increment to the next within a classification level if the employee has demonstrated competency and satisfactory performance over a minimum period of 12 months continuous employment at each increment within the level and: (a) the employee has acquired and satisfactorily used new or enhanced skills within the ambit of the classification, if required by the employer; or (b) where an employer has adopted a staff development and performance appraisal scheme (SDPAS) and the employer has determined that the employee has demonstrated satisfactory performance to meet the objectives determined in the Employer’s SDPAS for the prior 12 months’ continuous employment. 3.2 Movement to a higher classification level will only occur by way of promotion or re-classification. 3.3 For the avoidance of doubt, continuous employment does not include periods of unpaid leave/ absences. Further, for the purposes of a casual, a week where a casual employee has not worked with the employer is deemed to be equivalent to unpaid leave/absence under this clause. 3.4 Process for an SDPAS (a) Where an employer has adopted a SDPAS, discussions should take place with the employee, within 3 months, on the requirements of the SDPAS. (b) An annual review will be undertaken by the employer in order to assess the employee’s progression within the class. (c) Where an employer has an annual SDPAS that is not conducted when each employee has completed 12 months continuous employment, the employee will be paid the incremental increase (if any is awarded through the SDPAS) retrospectively to when the employee completed 12 months continuous employment. (d) Where the Employer holds concerns as to whether the Employee is performing to a satisfactory standard, deferral or refusal of progression may occur, save that it shall not occur unreasonably or arbitrarily. It will be considered unreasonable if the Employer has not previously advised the employee: (i) That the performance is not satisfactory; (ii) That the performance must improve; and (iii) That in the event that performance does not improve to a satisfactory level; that refusal or deferral of progression may occur.Page 184 of 204 (e) Nothing in this clause prevents an employer from automatically progressing an employee from one increment to the next upon the completion of 12 months continuous employment.Page 185 of 204 SCHEDULE G – SALARY AND ALLOWANCE SCHEDULE 1. MANAGEMENT AND ADMINISTRATIVE OFFICERS The following weekly rates of pay apply only to Management and Administrative Officers whose employment is covered by the classifications set out in Schedule B of this Agreement. FFPPOA Pay code Classification Grade Current Rate 1-Aug-21 1-Aug-22 1-Aug-23 2.0% 2.5% 2.5% Management and Administrative Workers HS1 Grade 1 Grade 1 $1,123.90 $1,146.38 $1,175.04 $1,204.41 HS2 Grade 2 Grade 2 $1,284.00 $1,309.68 $1,342.42 $1,375.98 HS3 Grade 3 Grade 3 $1,431.70 $1,460.33 $1,496.84 $1,534.26 HS4 Grade 4 Grade 4 $1,608.80 $1,640.98 $1,682.00 $1,724.05 HS5 Grade 5 Grade 5 $1,785.70 $1,821.41 $1,866.95 $1,913.62 HS6 Grade 6 Grade 6 $1,962.80 $2,002.06 $2,052.11 $2,103.41 HS7 Grade 7 Grade 7 $2,169.40 $2,212.79 $2,268.11 $2,324.81 HS8 Grade 8 Grade 8 $2,427.80 $2,476.36 $2,538.26 $2,601.72 HS9 Grade 9 Grade 9 $2,638.70 $2,691.47 $2,758.76 $2,827.73 HS10 Grade 10 Grade 10 $2,864.40 $2,921.69 $2,994.73 $3,069.60Page 186 of 204 2. HEALTH AND ALLIED SERVICES The following weekly rates of pay apply only to Health and Allied Services Employees whose employment is covered by the classifications set out in Schedule C of this Agreement. The rates of pay for Clerical Workers (however classified) are inclusive of the experience payments/service margins set out in this Schedule. FFPPOA Classification Year Current Rate 1-Aug-21 1-Aug-22 1-Aug-23 2.0% 2.5% 2.5% Clerical Worker C 1 $1,047.40 $1,068.35 $1,095.06 $1,122.43 2 $1,056.50 $1,077.63 $1,104.57 $1,132.19 3 $1,063.10 $1,084.36 $1,111.47 $1,139.26 4 $1,071.20 $1,092.62 $1,119.94 $1,147.94 5+ $1,072.60 $1,094.05 $1,121.40 $1,149.44 Junior Clerical Worker Grade C 1 $733.20 $747.86 $766.56 $785.72 2 $837.90 $854.66 $876.02 $897.93 3 $942.70 $961.55 $985.59 $1,010.23 Clerical Worker Grade B 1 $1,080.50 $1,102.11 $1,129.66 $1,157.90 2 $1,087.10 $1,108.84 $1,136.56 $1,164.98 3 $1,093.70 $1,115.57 $1,143.46 $1,172.05 4 $1,101.70 $1,123.73 $1,151.83 $1,180.62 5 $1,103.10 $1,125.16 $1,153.29 $1,182.12 Junior Clerical Worker Grade B 1 $756.40 $771.53 $790.82 $810.59 2 $864.40 $881.69 $903.73 $926.32 3 $972.50 $991.95 $1,016.75 $1,042.17 Clerical Worker Grade A 1 $1,188.50 $1,212.27 $1,242.58 $1,273.64 2 $1,195.30 $1,219.21 $1,249.69 $1,280.93 3 $1,201.80 $1,225.84 $1,256.48 $1,287.89 4 $1,209.90 $1,234.10 $1,264.95 $1,296.57 5 $1,211.50 $1,235.73 $1,266.62 $1,298.29 Junior Clerical Worker Grade A 1 $832.00 $848.64 $869.86 $891.60 2 $950.80 $969.82 $994.06 $1,018.91 3 $1,069.70 $1,091.09 $1,118.37 $1,146.33 FFPPOA Pay code Classification Year Skill Level Current 1-Aug-21 1-Aug-22 1-Aug-23 2.0% 2.5% 2.5% Health and Allied Services Food Services RG6 Chef Grade D N/A 8 $1,030.50 $1,051.11 $1,077.39 $1,104.32 RG7 Chef Grade C N/A 9 $1,054.60 $1,075.69 $1,102.58 $1,130.15 RG8 Chef Grade B N/A 10 $1,109.90 $1,132.10 $1,160.40 $1,189.41Page 187 of 204 RG9 Chef Grade A N/A 11 $1,160.00 $1,183.20 $1,212.78 $1,243.10 GR2 Cook Employed Alone N/A 3 $950.60 $969.61 $993.85 $1,018.70 KB6 Junior Cook Employed Alone 1 N/A $665.40 $678.71 $695.68 $713.07 KB7 2 N/A $760.50 $775.71 $795.10 $814.98 KB8 3 N/A $855.50 $872.61 $894.43 $916.79 HF3 3 N/A $855.50 $872.61 $894.43 $916.79 HA1 Food and Domestic Assistant N/A 1 $900.70 $918.71 $941.68 $965.22 KX1 Junior Food & Domestic Assistant 1 N/A $630.50 $643.11 $659.19 $675.67 KX2 2 N/A $720.60 $735.01 $753.39 $772.22 KX3 3 N/A $810.60 $826.81 $847.48 $868.67 GS6 Food Monitor N/A 4 $960.30 $979.51 $1,003.99 $1,029.09 HG4 Junior Food Monitor 1 N/A $672.20 $685.64 $702.79 $720.35 HG5 2 N/A $768.20 $783.56 $803.15 $823.23 HG6 3 N/A $864.30 $881.59 $903.63 $926.22 FS1 Food Services Supervisor N/A 11 $1,160.00 $1,183.20 $1,212.78 $1,243.10 FS2 Junior Food Services Supervisor 1 N/A $812.00 $828.24 $848.95 $870.17 FS3 2 N/A $928.00 $946.56 $970.22 $994.48 FS4 3 N/A $1,044.00 $1,064.88 $1,091.50 $1,118.79 GS5 Other Cook N/A 1 $900.70 $918.71 $941.68 $965.22 RH2 Second Cook Grade D N/A 7 $1,012.60 $1,032.85 $1,058.67 $1,085.14 RH3 Second Cook Grade C N/A 8 $1,030.50 $1,051.11 $1,077.39 $1,104.32 GT5 Junior Second Cook Grade C 1 N/A $721.40 $735.83 $754.22 $773.08 GT6 2 N/A $824.40 $840.89 $861.91 $883.46 GT7 3 N/A $927.50 $946.05 $969.70 $993.94 RH4 Second Cook Grade B N/A 9 $1,054.60 $1,075.69 $1,102.58 $1,130.15 RG1 Junior Chef Grade B 1 N/A $738.20 $752.96 $771.79 $791.08 RG2 2 N/A $843.70 $860.57 $882.09 $904.14 RG3 3 N/A $949.10 $968.08 $992.28 $1,017.09 RH5 Second Cook Grade A N/A 10 $1,109.90 $1,132.10 $1,160.40 $1,189.41 GR3 Trade Cook N/A 7 $1,012.60 $1,032.85 $1,058.67 $1,085.14 LE1 Apprentice Cook 1 N/A $556.90 $568.04 $582.24 $596.79 LE2 2 N/A $658.20 $671.36 $688.15 $705.35 LE3 3 N/A $810.10 $826.30 $846.96 $868.13 LE4 4 N/A $962.00 $981.24 $1,005.77 $1,030.92 General Services KM1 All other Employees (not provided for elsewhere) N/A 1 $900.70 $918.71 $941.68 $965.22Page 188 of 204 LM2 Jnr All Other Employees 1 N/A $630.50 $643.11 $659.19 $675.67 LM3 2 N/A $720.60 $735.01 $753.39 $772.22 LM4 3 N/A $810.60 $826.81 $847.48 $868.67 JN1 Cleaner Windows 2 $930.50 $949.11 $972.84 $997.16 JN2 Jnr Cleaner Windows 1 N/A $651.40 $664.43 $681.04 $698.06 JN3 2 N/A $744.40 $759.29 $778.27 $797.73 JN4 3 N/A $837.50 $854.25 $875.61 $897.50 JJ9 Driver 1.25 tonnes N/A 3 $950.60 $969.61 $993.85 $1,018.70 LI6 Jnr Driver 1.25 tonnes 1 N/A $665.40 $678.71 $695.68 $713.07 LI7 2 N/A $760.50 $775.71 $795.10 $814.98 IJ1 3 N/A $855.50 $872.61 $894.43 $916.79 JJ8 Driver 1.25- 3.0 Tonnes N/A 5 $980.60 $1,000.21 $1,025.22 $1,050.85 LI1 Jnr Driver 1.25-3.0 Tonnes 1 N/A $686.40 $700.13 $717.63 $735.57 LI2 2 N/A $784.50 $800.19 $820.19 $840.70 LI3 3 N/A $882.50 $900.15 $922.65 $945.72 JJ7 Driver Over 3 Tonnes N/A 6 $990.90 $1,010.72 $1,035.99 $1,061.89 JL1 Jnr Driver Over 3 Tonnes 1 N/A $693.60 $707.47 $725.16 $743.29 JL2 2 N/A $792.70 $808.55 $828.77 $849.49 JL3 3 7 $891.80 $909.64 $932.38 $955.69 JJ4 Driver Articulated 12-13 Tonnes N/A $1,012.60 $1,032.85 $1,058.67 $1,085.14 JL4 Jnr Driver Articulated 12-13 Tonnes 1 N/A $708.80 $722.98 $741.05 $759.58 JL5 2 N/A $810.10 $826.30 $846.96 $868.13 JL6 3 N/A $911.30 $929.53 $952.76 $976.58 JP9 Assistant Gardener N/A 1 $900.70 $918.71 $941.68 $965.22 LA1 Jnr Assistant Gardener 1 N/A $630.50 $643.11 $659.19 $675.67 LA2 2 N/A $720.60 $735.01 $753.39 $772.22 LA3 3 N/A $810.60 $826.81 $847.48 $868.67 JP5 Gardener (Non-Trade) N/A 2 $930.50 $949.11 $972.84 $997.16 JP6 Jnr Gardener (Non-Trade) 1 N/A $651.40 $664.43 $681.04 $698.06 JP7 2 N/A $744.40 $759.29 $778.27 $797.73 JP8 3 N/A $837.50 $854.25 $875.61 $897.50 GF6 Gardener Trade N/A 7 $1,012.60 $1,032.85 $1,058.67 $1,085.14 GF7 Jnr Gardener (Trade) 1 N/A $708.80 $722.98 $741.05 $759.58 GF8 2 N/A $810.10 $826.30 $846.96 $868.13 GF9 3 N/A $911.30 $929.53 $952.76 $976.58 GO1 Gardener Advanced N/A 9 $1,054.60 $1,075.69 $1,102.58 $1,130.15 GO2 Jnr Gardener Advanced 1 N/A $738.20 $752.96 $771.79 $791.08 GO3 2 N/A $843.70 $860.57 $882.09 $904.14Page 189 of 204 GO4 3 N/A $949.10 $968.08 $992.28 $1,017.09 GM5 Garden Superintenda nt N/A 11 $1,160.00 $1,183.20 $1,212.78 $1,243.10 GM7 Jnr Garden Superintenda nt 1 N/A $812.00 $828.24 $848.95 $870.17 GM8 2 N/A $928.00 $946.56 $970.22 $994.48 GM9 3 N/A $1,044.00 $1,064.88 $1,091.50 $1,118.79 GN1 General Services Supervisor N/A 11 $1,160.00 $1,183.20 $1,212.78 $1,243.10 GN2 Jnr General Services Supervisor 1 N/A $812.00 $828.24 $848.95 $870.17 GN3 2 N/A $928.00 $946.56 $970.22 $994.48 GN4 3 N/A $1,044.00 $1,064.88 $1,091.50 $1,118.79 KH6 Handyperson (Unqualified) N/A 1 $900.70 $918.71 $941.68 $965.22 LM7 Jnr Handyperson (Unqualified) 1 N/A $630.50 $643.11 $659.19 $675.67 LM8 2 N/A $720.60 $735.01 $753.39 $772.22 LM9 3 N/A $810.60 $826.81 $847.48 $868.67 GH1 Handyperson Trade N/A 7 $1,012.60 $1,032.85 $1,058.67 $1,085.14 GH2 Jnr Handyperson Trade 1 N/A $708.80 $722.98 $741.05 $759.58 GH3 2 N/A $810.10 $826.30 $846.96 $868.13 GH4 3 N/A $911.30 $929.53 $952.76 $976.58 GL6 Handyperson Advanced N/A 9 $1,054.60 $1,075.69 $1,102.58 $1,130.15 GL7 Jnr Handyperson Advanced 1 N/A $738.20 $752.96 $771.79 $791.08 GL8 2 N/A $843.70 $860.57 $882.09 $904.14 GL9 3 N/A $949.10 $968.08 $992.28 $1,017.09 IJ1 Cleaner N/A 1 $900.70 $918.71 $941.68 $965.22 LJ9 Jnr Cleaner 1 N/A $630.50 $643.11 $659.19 $675.67 LK1 2 N/A $720.60 $735.01 $753.39 $772.22 LK2 3 N/A $810.60 $826.81 $847.48 $868.67 GF1 Security Officer Grade 1 N/A 5 $984.10 $1,003.78 $1,028.88 $1,054.60 GF2 Jnr Security Officer Grade 1 1 N/A $688.90 $702.68 $720.24 $738.25 GF3 2 N/A $787.30 $803.05 $823.12 $843.70 GF4 3 N/A $885.70 $903.41 $926.00 $949.15 GK1 Security Officer Grade 2 N/A 7 $1,012.60 $1,032.85 $1,058.67 $1,085.14 GK2 Jnr Security Officer Grade 2 1 N/A $708.80 $722.98 $741.05 $759.58 GK3 2 N/A $810.10 $826.30 $846.96 $868.13 GK4 3 N/A $911.30 $929.53 $952.76 $976.58 Technical, Clinical and Personal CarePage 190 of 204 TB1 Allied Health Assistant Grade 1 N/A N/A $964.00 $983.28 $1,007.86 $1,033.06 KC1 Jnr Allied Health Assistant Grade 1 1 N/A $674.80 $688.30 $705.50 $723.14 KC2 2 N/A $771.20 $786.62 $806.29 $826.45 KC3 3 N/A $867.60 $884.95 $907.08 $929.75 TC1 Allied Health Assistant Grade 2 N/A N/A $1,093.90 $1,115.78 $1,143.67 $1,172.26 KD1 Jnr Allied Health Assistant Grade 2 1 N/A $765.70 $781.01 $800.54 $820.55 KD2 2 N/A $875.10 $892.60 $914.92 $937.79 KD3 3 N/A $984.50 $1,004.19 $1,029.29 $1,055.03 TC2 Allied Health Assistant Grade 3 N/A $1,150.90 $1,173.92 $1,203.27 $1,233.35 KD4 Jnr Allied Health Assistant Grade 3 1 N/A $805.60 $821.71 $842.25 $863.31 KD5 2 N/A $920.70 $939.11 $962.59 $986.66 KD6 3 N/A $1,035.80 $1,056.52 $1,082.93 $1,110.00 PS21 Patient Services Assistant Level 1 N/A 3 $950.60 $969.61 $993.85 $1,018.70 PS22 Jnr Patient Services Assistant Level 1 1 N/A $665.40 $678.71 $695.68 $713.07 PS23 2 N/A $760.50 $775.71 $795.10 $814.98 PS24 3 N/A $855.50 $872.61 $894.43 $916.79 PS25 Patient Services Assistant Level 2 N/A 5 $980.60 $1,000.21 $1,025.22 $1,050.85 PS26 Jnr Patient Services Assistant Level 2 1 N/A $686.40 $700.13 $717.63 $735.57 PS27 2 N/A $784.50 $800.19 $820.19 $840.70 PS28 3 N/A $882.50 $900.15 $922.65 $945.72 PW1 Personal Care Worker Grade 1 N/A 3 $950.60 $969.61 $993.85 $1,018.70 PW2 Jnr Personal Care Worker Grade 1 1 N/A $665.40 $678.71 $695.68 $713.07 PW3 2 N/A $760.50 $775.71 $795.10 $814.98 PW4 3 N/A $855.50 $872.61 $894.43 $916.79 CW1 Personal Care Worker Grade 2 N/A 6 $990.90 $1,010.72 $1,035.99 $1,061.89 CW2 Jnr Personal Care Worker Grade 2 1 N/A $693.60 $707.47 $725.16 $743.29 CW3 2 N/A $792.70 $808.55 $828.77 $849.49 CW4 3 N/A $891.80 $909.64 $932.38 $955.69Page 191 of 204 WP1 Personal Care Worker Grade 3 N/A 8 $1,030.50 $1,051.11 $1,077.39 $1,104.32 WP2 Jnr Personal Care Worker Grade 3 1 N/A $721.40 $735.83 $754.22 $773.08 WP3 2 N/A $824.40 $840.89 $861.91 $883.46 WP4 3 N/A $927.50 $946.05 $969.70 $993.94 ID5 Technical, Therapy & Personal Care Supervisor N/A 11 $1,160.00 $1,183.20 $1,212.78 $1,243.10 HC3 Red Cross Aide N/A 2 $930.50 $949.11 $972.84 $997.16 KE1 Jnr Red Cross Aide 1 N/A $651.40 $664.43 $681.04 $698.06 KE2 2 N/A $744.40 $759.29 $778.27 $797.73 KE3 3 N/A $837.50 $854.25 $875.61 $897.50 HC4 Senior Red Cross Aide N/A 5 $980.60 $1,000.21 $1,025.22 $1,050.85 KF4 Jnr Senior Red Cross Aide 1 N/A $686.40 $700.13 $717.63 $735.57 KF5 2 N/A $784.50 $800.19 $820.19 $840.70 KF6 3 N/A $882.50 $900.15 $922.65 $945.72Page 192 of 204 3. DENTAL ASSISTANTS The following annual salaries apply only to Dental Assistants whose employment is covered by the classifications set out in Schedule D of this Agreement. The rates specified are inclusive of annual leave loading, allowances (other than shift allowances), additional payments and extra payments associated with the function performed. Authorised overtime and shift allowances are paid separately. FFPPOA Classification Description Pay Point Current Rate 1-Aug-21 1-Aug-22 1-Aug-23 2.0% 2.5% 2.5% Dental Assistants Dental Assistant - Grade 1 (a) Newly Qualified Dental Assistants 1.1 $48,400.20 $49,368.20 $50,602.41 $51,867.47 (b) Re-entry 1.2 $49,049.61 $50,030.60 $51,281.37 $52,563.40 Dental Assistant - Grade 2 Grade 1(a) after 12 months 2.1 $49,049.61 $50,030.60 $51,281.37 $52,563.40 Grade 1(b) after 12 months 2.2 $50,026.02 $51,026.54 $52,302.20 $53,609.76 Progression based on the Employer's Performance Management Process 2.3 $51,001.28 $52,021.31 $53,321.84 $54,654.88 2.4 $51,977.68 $53,017.23 $54,342.66 $55,701.23 2.5 $52,952.94 $54,012.00 $55,362.30 $56,746.36 Certificate III 2.6 $53,929.35 $55,007.94 $56,383.14 $57,792.71 Progression based on the Employer's Performance Management Process 2.7 $54,905.75 $56,003.87 $57,403.96 $58,839.06 2.8 $55,882.16 $56,999.80 $58,424.80 $59,885.42 2.9 $56,858.57 $57,995.74 $59,445.63 $60,931.78 By appointment only 3.1 $56,858.57 $57,995.74 $59,445.63 $60,931.78Page 193 of 204 Senior Clinical Dental Assistant Grade 3 Progression based on the Employer's Performance Management Process 3.2 $57,855.62 $59,012.73 $60,488.05 $62,000.25 3.3 $58,853.83 $60,030.91 $61,531.68 $63,069.97 3.4 $59,852.04 $61,049.08 $62,575.31 $64,139.69 3.5 $60,853.23 $62,070.29 $63,622.05 $65,212.60 Clinical Coordinator Dental Assistant Grade 4 By appointment only 4.1 $60,853.23 $62,070.29 $63,622.05 $65,212.60 Progression based on the Employer's Performance Management Process 4.2 $63,165.39 $64,428.70 $66,039.42 $67,690.40 4.3 $65,553.52 $66,864.59 $68,536.21 $70,249.61 4.4 $68,021.55 $69,381.98 $71,116.53 $72,894.44 4.5 $70,504.62 $71,914.71 $73,712.58 $75,555.39 4. DENTAL THERAPISTS, DENTAL HYGIENISTS AND ORAL HEALTH THERAPISTS 4.1 NON-DUAL QUALIFIED EMPLOYEES The following annualised salaries apply only to Dental Therapists, Dental Hygienists and Oral Health Therapists whose employment is covered by the classifications set out in Schedule E of this Agreement. FFPPOA Pay Code Classification Current Annual Rate Current Weekly Rate 1 August 2021 2% 1 August 2022 2.5% 1 August 2023 2.5% DT44 Graduate $55,678.13 $1,067.07 $1,088.41 $1,115.62 $1,143.51 DT45 Level 1a $57,034.21 $1,093.06 $1,114.92 $1,142.79 $1,171.36 DT46 Level 1b $60,226.14 $1,154.23 $1,177.32 $1,206.75 $1,236.92 DT47 Level 1c $63,484.90 $1,216.68 $1,241.02 $1,272.04 $1,303.84 DT48 Level 2a $66,201.44 $1,268.75 $1,294.12 $1,326.47 $1,359.64 DT49 Level 2b $69,460.19 $1,331.20 $1,357.82 $1,391.77 $1,426.56 DT50 Level 2c $72,652.12 $1,392.37 $1,420.22 $1,455.73 $1,492.12 DT51 Level 2d $75,976.60 $1,456.09 $1,485.21 $1,522.34 $1,560.40 DT52 Level 2e $79,237.54 $1,518.58 $1,548.95 $1,587.68 $1,627.37 DT53 Level 3a $80,121.52 $1,535.52 $1,566.24 $1,605.39 $1,645.53 DT54 Level 3b $82,565.31 $1,582.36 $1,614.01 $1,654.36 $1,695.72 DT55 Level 3c $85,009.10 $1,629.19 $1,661.77 $1,703.32 $1,745.90 DT56 Level 4a $92,138.92 $1,765.84 $1,801.16 $1,846.19 $1,892.34Page 194 of 204 4.2 DUAL QUALIFIED DENTAL THERAPISTS, DENTAL HYGIENISTS AND ORAL HEALTH THERAPISTS The following annualised salaries apply only to Dual Qualified Dental Therapists, Dental Hygienists and Oral Health Therapists whose employment is covered by the classifications set out in Schedule E of this Agreement. FFPPOA Pay Code Classification Current Annual Rate Current Weekly Rate 1 August 2021 2% 1 August 2022 2.5% 1 August 2023 2.5% NEW Level 1 Dual Qual $67,294.24 $1,294.12 $1,320.00 $1,353.00 $1,386.83 NEW Level 2 Dual Qual $83,991.96 $1,615.23 $1,647.53 $1,688.72 $1,730.94 NEW Level 3 Dual Qual $90,109.76 $1,732.88 $1,767.54 $1,811.73 $1,857.02 NEW Level 4 Dual Qual $97,667.44 $1,878.22 $1,915.78 $1,963.68 $2,012.77 5. SOCIAL AND COMMUNITY SERVICES The following annualised salaries apply only to Social and Community Services Employees whose employment is covered by the classifications set out in Schedule F of this Agreement. FFPPOA Classification Pay point Current Rate (Award + ERO) 1 August 2021 2% (above award) 1 August 2022 2nd year 2.5% (on agreement rate) 1 August 2023 3rd year 2.5% (on agreement rate) Social and Community Services Employee Level 1 Pay Point 1 $840.10 $856.90 $878.32 $900.28 Pay Point 2 $868.50 $885.87 $908.02 $930.72 Pay Point 3 $899.50 $917.49 $940.43 $963.94 Pay Point 4 $899.50 Translation to PP3 from commencement Social and Community Services Employee Level 2 Pay Point 1 $1,106.39 $1,128.51 $1,156.73 $1,185.64 Pay Point 2 $1,141.07 $1,163.89 $1,192.99 $1,222.81 Pay Point 3 $1,175.76 $1,199.27 $1,229.25 $1,259.99Page 195 of 204 Pay Point 4 $1,207.25 $1,231.39 $1,262.17 $1,293.73 Pay Point 5 $1,207.25 Translation to PP4 from commencement Social and Community Services Employee Level 3 Pay Point 1 $1,236.69 $1,261.42 $1,292.96 $1,325.28 Pay Point 2 $1,272.22 $1,297.67 $1,330.11 $1,363.36 Pay Point 3 $1,299.44 $1,325.43 $1,358.56 $1,392.53 Pay Point 4 $1,326.02 $1,352.54 $1,386.36 $1,421.02 Pay Point 5 $1,326.02 Translation to PP4 from commencement Social and Community Services Employee Level 4 Pay Point 1 $1,426.39 $1,454.92 $1,491.29 $1,528.58 Pay Point 2 $1,463.62 $1,492.89 $1,530.21 $1,568.47 Pay Point 3 $1,501.24 $1,531.26 $1,569.54 $1,608.78 Pay Point 4 $1,534.76 $1,565.46 $1,604.60 $1,644.71 Pay Point 5 $1,534.76 Translation to PP4 from commencement Social and Community Services Employee Level 5 Pay Point 1 $1,631.81 $1,664.44 $1,706.05 $1,748.71 Pay Point 2 $1,666.74 $1,700.08 $1,742.58 $1,786.14 Pay Point 3 $1,705.65 $1,739.76 $1,783.26 $1,827.84 Pay Point 4 $1,705.65 Translation to PP3 from commencement Social and Community Services Employee Level 6 Pay Point 1 $1,782.76 $1,818.42 $1,863.88 $1,910.47 Pay Point 2 $1,821.96 $1,858.40 $1,904.86 $1,952.48 Pay Point 3 $1,861.44 $1,898.67 $1,946.14 $1,994.79 Social and Community Services Employee Level 7 Pay Point 1 $1,928.08 $1,966.64 $2,015.80 $2,066.20 Pay Point 2 $1,968.55 $2,007.92 $2,058.11 $2,109.57 Pay Point 3 $2,008.59 $2,048.76 $2,099.98 $2,152.48 I IPage 196 of 204 Social and Community Services Employee Level 8 Pay Point 1 $2,091.92 $2,133.75 $2,187.10 $2,241.77 Pay Point 2 $2,132.95 $2,175.61 $2,230.00 $2,285.75 Pay Point 3 $2,174.28 $2,217.76 $2,273.20 $2,330.036. ALLOWANCE RATES 6.1 Allowances applicable to Management and Administrative Workers only FFPPOA Allowance Current 1-Aug-21 1-Aug-22 1-Aug-23 2.0% 2.5% 2.5% Shift Allowances Morning Shift $28.00 $28.56 $29.27 $30.01 Afternoon Shift $28.00 $28.56 $29.27 $30.01 Night Shift $44.52 $45.41 $46.55 $47.71 Permanent Night Shift $55.76 $56.88 $58.30 $59.75 Change of Shift $44.52 $45.41 $46.55 $47.71 On-Call - Mon to Fri $20.65 $21.06 $21.59 $22.13 On Call - Public Holidays and all other times $41.65 $42.48 $43.55 $44.63 Meal Allowance After 1 hour of shift $15.15 $15.45 $15.84 $16.24 After 4 hours of shift $12.16 $12.40 $12.71 $13.03 After 5 hours on a Sat, Sun or RDO $15.15 $15.45 $15.84 $16.24 After 9 hours on a Sat, Sun or RDO $12.16 $12.40 $12.71 $13.03 After being recalled & working 2 hours work $15.15 $15.45 $15.84 $16.24 Leave Loading Cap Leave loading cap (weekly salary exceeds) $1,934.57 $1,973.26 $2,022.59 $2,073.16 Leave Loading Amount (on 4 weeks annual leave) $1,354.23 $1,381.31 $1,415.85 $1,451.24 Vehicle Allowance Motor Vehicles (cents per kms) less than 5 cylinders, electric cars $0.82 $0.84 $0.86 $0.88 5 or more cylinders $0.99 $1.01 $1.04 $1.06 Motor Cycles (cents per kms) Under 250 cc $0.36 $0.37 $0.38 $0.39 250cc and over $0.48 $0.49 $0.50 $0.51 Bicycles $0.12 $0.12 $0.13 $0.13 6.2 Allowances applicable to Health and Allied Services only FFPPOA Allowance Current 1-Aug-21 1-Aug-22 1-Aug-23 2.0% 2.5% 2.5% Experience Payments - For all other classificationsAfter 1 year's experience $7.34 $7.49 $7.67 $7.87 After 2 year's experience $14.46 $14.75 $15.12 $15.50 After 3 year's experience $23.18 $23.64 $24.23 $24.84 After 4 year's experience $24.55 $25.04 $25.67 $26.31 Experience Payments - Completed apprenticeship or issued with trade certificate After 1 year's experience $10.33 $10.54 $10.80 $11.07 After 2 year's experience $18.70 $19.07 $19.55 $20.04 After 3 year's experience $23.18 $23.64 $24.23 $24.84 After 4 year's experience $24.55 $25.04 $25.67 $26.31 Shift Allowances Morning Shift $23.98 $24.46 $25.07 $25.70 Afternoon Shift $23.98 $24.46 $25.07 $25.70 Night Shift $60.70 $61.91 $63.46 $65.05 Permanent Night Shift $69.64 $71.03 $72.81 $74.63 Change of Shift $38.32 $39.09 $40.06 $41.07 Change of Roster $23.98 $24.46 $25.07 $25.70 On-Call Allowance $23.98 $24.46 $25.07 $25.70 Meal Allowances After 1 hour of shift $15.15 $15.45 $15.84 $16.24 After 4 hours of shift $12.16 $12.40 $12.71 $13.03 After 5 hours on a Sat, Sun or RDO $15.15 $15.45 $15.84 $16.24 After 9 hours on a Sat, Sun or RDO $12.16 $12.40 $12.71 $13.03 After being recalled & working 2 hours work $15.15 $15.45 $15.84 $16.24 Uniform Allowance Amount per day $2.04 $2.08 $2.13 $2.19 Amount per week $10.31 $10.52 $10.78 $11.05 Laundry Allowance Amount per day $0.50 $0.51 $0.52 $0.54 Amount per week $2.43 $2.48 $2.54 $2.60 Heat Allowance 40 degrees but 46 degrees celsius $0.56 $0.57 $0.59 $0.60 46 degrees celsius $0.61 $0.62 $0.64 $0.65 Nauseous Allowance Personal Care Workers Amount per hour $0.45 $0.46 $0.47 $0.48 Minimum amount per week $2.58 $2.63 $2.70 $2.76 All other classifications Payment per hour $0.56 $0.57 $0.59 $0.60 Minimum amount per week $2.58 $2.63 $2.70 $2.76 Vehicle Allowance Motor Vehicles (cents per kms)less than 5 cylinders, electric cars $0.90 $0.92 $0.94 $0.96 5 or more cylinders $1.17 $1.19 $1.22 $1.25 Motor Cycles (cents per kms) Under 250 cc $0.39 $0.40 $0.41 $0.42 250cc and over $0.53 $0.54 $0.55 $0.57 Bicycles $0.13 $0.13 $0.14 $0.14 Interpreter Allowance NAATI Accreditation Level 2 In their second year $10.44 $10.65 $10.92 $11.19 In their third year $36.60 $37.33 $38.27 $39.22 In their fourth year $63.10 $64.36 $65.97 $67.62 NAATI Accreditation Level 3 In their first year $104.07 $106.15 $108.81 $111.53 In their second year $132.18 $134.82 $138.19 $141.65 In their third year $161.20 $164.42 $168.53 $172.75 In their fourth year $191.27 $195.10 $199.97 $204.97 6.3 Allowances applicable to Dental Assistants only FFPPOA Allowance Current 1-Aug-21 1-Aug-22 1-Aug-23 2.0% 2.5% 2.5% Shift Allowances Morning Shift $23.98 $24.46 $25.07 $25.70 Afternoon Shift $23.98 $24.46 $25.07 $25.70 Night Shift $60.70 $61.91 $63.46 $65.05 Permanent Night Shift $69.64 $71.03 $72.81 $74.63 Change of Shift $38.32 $39.09 $40.06 $41.07 Change of Roster $23.98 $24.46 $25.07 $25.70 On-Call Allowance $23.98 $24.46 $25.07 $25.70 Meal Allowances After 1 hour of shift $15.15 $15.45 $15.84 $16.24 After 4 hours of shift $12.16 $12.40 $12.71 $13.03 After 5 hours on a Sat, Sun or RDO $15.15 $15.45 $15.84 $16.24 After 9 hours on a Sat, Sun or RDO $12.16 $12.40 $12.71 $13.03 After being recalled & working 2 hours work $15.15 $15.45 $15.84 $16.24 Laundry Allowance Amount per day $0.40 $0.41 $0.42 $0.43 Amount per week $2.10 $2.14 $2.20 $2.25 Vehicle Allowance Motor Vehicles (cents per kms)less than 5 cylinders, electric cars $0.82 $0.84 $0.86 $0.88 5 or more cylinders $0.99 $1.01 $1.04 $1.06 Motor Cycles (cents per kms) Under 250 cc $0.35 $0.36 $0.37 $0.38 250cc and over $0.47 $0.48 $0.49 $0.50 6.4 Allowances applicable to Dental Therapists, Oral Hygienists and Oral Health Therapists only FFPPOA Allowances Current Rate ($) 1-Aug-21 1-Aug-22 1-Aug-23 2.0% 2.5% 2.5% Travel Allowance less than 5 cylinders, electric cars $0.90 $0.92 $0.94 $0.96 5 or more cylinders $1.17 $1.19 $1.22 $1.25 Meal Allowance After 1 hour of overtime $15.15 $15.45 $15.84 $16.24 After 4 hours of overtime $12.16 $12.40 $12.71 $13.03 After 5 hours on a Saturday $15.15 $15.45 $15.84 $16.24 After 9 hours on a Saturday $12.16 $12.40 $12.71 $13.03 After being recalled & working 2 hours work $15.15 $15.45 $15.84 $16.24 Shift Allowances Morning Shift $26.68 $27.21 $27.89 $28.59 Afternoon Shift $26.68 $27.21 $27.89 $28.59 Night Shift $42.68 $43.54 $44.62 $45.74 Permanent Night Shift $53.35 $54.42 $55.78 $57.18 6.5 Allowances applicable to Social and Community Services only FFPPOA Allowances Current Rate ($) 1-Aug-21 1-Aug-22 1-Aug-23 2.0% 2.5% 2.5% On call allowance Monday - Friday $25.78 $26.30 $26.95 $27.63 Any Other Period (Public Holiday & Sat/Sunday) $51.56 $52.59 $53.91 $55.26 Sleepover Allowance Social Workers and Community Development Workers $69.38 $70.77 $72.54 $74.35 Youth Workers $60.68 $61.89 $63.44 $65.03 Welfare Workers $57.01 $58.15 $59.61 $61.10Travel Allowance less than 5 cylinders, electric cars $1.06 $1.08 $1.11 $1.14 5 or more cylinders $1.05 $1.07 $1.10 $1.06 Meal Allowance After 1 hour of overtime $13.54 $13.81 $14.15 $14.51 After 4 hours of overtime $13.54 $13.81 $14.15 $14.51 After 5 hours on a Saturday $13.54 $13.81 $14.15 $14.51 After 9 hours on a Saturday $13.54 $13.81 $14.15 $14.51 After being recalled & working 2 hours work $13.54 $13.81 $14.15 $14.51 Maximum Leave loading Weekly Figure $1,775.88 $1,811.40 $1,856.68 $1,903.10SCHEDULE H – SUPPORTED WAGE SYSTEM FOR EMPLOYEES WITH DISABILITIES 1. Workers eligible for a supported wage 1.1 This clause defines the conditions which apply to Employees who, because of the effects of a disability, are eligible for a supported wage under the terms of this Agreement. In this clause the following definitions apply: (a) Supported Wage System means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process. (b) Accredited Assessor means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity within the Supported Wage System. (c) Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme. (d) Assessment Instrument means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System. 1.2 Eligibility criteria (a) Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the Employee is engaged under this Agreement, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension. (b) The clause does not apply to any existing Employee who has a claim against the Employer which is subject to the provisions of worker's compensation legislation or any provision of this Agreement relating to the rehabilitation of Employees who are injured in the course of their current employment. (c) The Agreement does not apply to Employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered Employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or s.12A of the Disability Services Act 1986, or if a part only has received recognition, that part. 1.3 Supported wage rates (a) Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed in Schedule G of this Agreement for the class of work, which the person is performing, according to the following schedule: Assessed Capacity % Wage Rate 10%* 10%20% 20% 30% 30% 40% 40% 50% 50% 60% 60% 70% 70% 80% 80% 90% 90% (b) Where a person's assessed capacity is 10 per cent, they shall receive a high degree of assistance and support. (c) Provided that the minimum amount payable shall be not less than $90 per week or the minimum amount prescribed in Schedule G of the Health Professionals and Support Services Award 2010 1.4 .Assessment of capacity (a) For the purpose of establishing the percentage of the rate to be paid to an Employee under this Agreement, the productive capacity of the Employee will be assessed in accordance with the supported wage system and documented in an assessment instrument by either: (i) the Employer and Union party to the Agreement, in consultation with the Employee or, if desired by any of these; (ii) the Employer and an accredited assessor from a panel agreed by the parties to the Agreement and the Employee. 1.5 Lodgement of assessment instrument (a) All assessment instruments under the conditions of this clause, including the appropriate percentage of the Agreement wage to be paid to the Employee, shall be lodged by the Employer with the Registrar of Fair Work Commission. (b) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where the Union is not a party to the assessment it shall be sent by the Employer to the Union at the time it is lodged with the Commission. The assessment instrument will take effect unless an objection is notified to the Commission within ten (10) working days. 1.6 Review of assessment (a) The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.1.7 Other terms and conditions (a) Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this Agreement, paid on a pro-rata basis 1.8 Workplace adjustment (a) An Employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the Employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area. 1.9 Trial period (a) In order for an adequate assessment of the Employee's capacity to be made, an Employer may employ a person under the provisions of this clause for a trial period not exceeding twelve (12) weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed. (b) During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined. (c) The minimum amount payable to the Employee during the trial period shall be no less than $86.00 per week. (d) Work trials should include induction or training as appropriate to the job being trialled. (e) Where the Employer and Employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under clause 1.4 herein.IN THE FAIR WORK COMMISSION FWC Matter No.: AG2022/985 Applicant: Merri Health Section 185 – Application for approval of a single enterprise agreement Undertaking – Section 190 I, Amie Reed, Chief Impact Officer, have the authority given to me by Merri Health to give the following undertakings with respect to the Merri Health Enterprise Agreement 2021 ("the Agreement"): 1. Redundancy Entitlement (Clause 13.8) The Redundancy payment at clause 13.8 will apply to: a. Employees classified under Schedule E and Schedule F; and b. all other Employees employed on or after 31 May 2019. 2. Tool allowance (clause 6.2 of Schedule G) The applicable rates for Tool Allowance are as follows: a. FFPPOA 1 August 2021 - $15.99 b. FFPPOA 1 August 2022 - $16.31 c. FFPPOA 1 August 2023 - $16.64 3. Travel Allowance (clause 6.5 of Schedule G) The travel allowance rates for Social and Community Services Employees are amended to: 5 or more cylinders $1.06 $1.08 $1.11 $1.14 Less than 5 cylinders, electric cars $1.05 $1.07 $1.10 $1.06 4. National Employment Standards This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. 5. Personal/Carer’s Leave Entitlement (clause 60.4) Personal/carer’s leave will be available to an Employee who is required to provide care or support to a member of the employee’s Immediate family, or a member of the Employee’s household, who requires care or support because of:a. a personal illness, or personal injury, affecting the member; or b. an unexpected emergency affecting the member. 6. Casual Compassionate Leave Entitlement (clause 60.11) An Employee is entitled to 2 days of unpaid compassionate leave for each occasion (a permissible occasion) when: a. A member of the Employee’s Immediate Family or a member of the Employee’s household: i. Contracts or develops a personal illness that poses a serious threat to his or her life; or ii. Sustains a personal injury that poses a serious threat to his or her life; or iii. Dies; or b. A child is stillborn, where the child would have been a member of the employee’s immediate family, or a member of the employee’s household, if the child has been born alive; or c. The Employee or the Employees spouse or de facto partner, has a miscarriage. 7. Entitlement to long service leave after 7 years (Social and Community Services Employees Only) a. The following entitlement shall apply only to Employees classified under Schedule F of the Agreement: i. Where an Employee’s employment has ended and the Employee has completed at least 7, but less than 15, years of continuous employment with Merri Health only, the Employee is entitled to an amount of long service leave equal to 1/60th of the period of their continuous employment. b. Employees who are classified as Early Childhood Coordinators/Teachers and employed by Merri Health as at the commencement date of the Agreement shall be entitled to pro rata access of Long Service Leave after at least 7, but less than 10 years of continuous service with Merri Health. The amount of long service leave will be equal to 1/60th of the period of their continuous employment. 8. Public Holiday Substitution (Clause 56.6(a)) a. The Employer and Employee may only agree to substitute another day for any Public Holidays prescribed in clause 56.2 by mutual agreement. 9. Broken Shifts (Clause 48.5(a) - Social and Community Services Employees classified under Schedule F Only) An employee must receive a minimum break of 10 hours between broken shifts rostered on successive days. 10. Sleepover Allowance (clause 127) a. The span for a sleepover will be a continuous period of eight hours.b. An Employer may roster an Employee to perform work immediately before and/or immediately after the sleepover period, but must roster the Employee or pay the Employee for at least four hours’ work for at least one of these periods of work. c. An employee may refuse a sleepover with reasonable cause These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. ____________________________ Signature 3 May 2022 ____________________________ DateSchedule 2.2—Model flexibility term (regulation 2.08) Model flexibility term (1) An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. (2) The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) 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 (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. (4) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.(5) The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing—at any time.