1
Fair Work Act 2009
s.185—Enterprise agreement
Trust for Nature (Victoria)
(AG2022/1253)
TRUST FOR NATURE ENTERPRISE AGREEMENT 2021
Industries not otherwise assigned
DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 24 MAY 2022
Application for approval of the Trust for Nature Enterprise Agreement 2021
[1] An application has been made by Trust for Nature (Victoria) pursuant to s.185 of the
Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Trust
for Nature Enterprise Agreement 2021 (the Agreement).
[2] The Employer has provided written undertakings. A copy of the undertakings is attached
in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any
employee covered by the Agreement and that the undertakings will not result in substantial
changes to the Agreement. The undertakings are taken to be a term of the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the
requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have
been met.
[4] The Community and Public Sector Union (CPSU) being a bargaining representative for
the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.
In accordance with s.201(2) I note that the Agreement covers the organisation.
[2022] FWCA 1706
DECISION
FairWork
Commission
* AUSTRALIA FairWork Commission
[2022] FWCA 1706
2
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
31 May 2022. The nominal expiry date of the Agreement is 31 December 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE516053 PR741903
WORK COMMISSION
[2022] FWCA 1706
3
Annexure A
IN THE FAIR WORK COMMISSION
FWC Matter No.:
AG2022/1253
Applicant:
Trust for Nature (Victoria)
Section 185 - Application for approval of a single enterprise agreement
U ndertaking - Section 190
I, Victoria Martes, Chief Executive Officer have the authority given to me by Trust for Nature
to give the following undertakings with respect to the Trust for Nature Enterprise Agreement
2021 ("the Agreement"):
1. Notwithstanding the words in clause 36.12 dealing with Casual Employees Caring
Responsibilities, the Employer will also recognise that a casual Employee may be
unavailable to attend work or may be required to leave work to care for a member of
their immediate family of household who is affected by an injury.
2. Notwithstanding the words appearing in clauses 36.6(a), 36.6(b), 36.10, 38.S(b)
dealing with Documentary Evidence, the Employer undertakes to apply the reasonable
person criteria in determining if satisfactory evidence has been provided.
3. Notwithstanding the words in clause 37.2 dealing with Definition of Family Violence,
the Employer undertakes that the definition of family member also includes a person
who is related to the Employee according to Aboriginal or Torres Strait Islander kinship
rules as per section 106(B)(3)(b) of the Fair Work Act.
4. In dause 39.4 of the Agreement dealing with Substitution of Public Holidays, the
Employer undertakes that public holidays can only be substituted by agreement
between the Employer and an individual Employee. Therefore; an Employee may by
agreement with the Employer substitute another day for any prescribed in clause 39.
5. Notwithstanding the words in clause 41. 14 dealing with Special Parental Leave, the
Employer undertakes that where a pregnancy terminates during the first 20 weeks, the
Employee is entitled to access unpaid special parental leave or any paid personal/
carer's leave entitlement in accordance with clause 36.
These undertakings are provided on the basis of issues raised by the Fair Work Commission
in the application before the Fair Work Commission.
Date: 20/05/2022
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2022/1253 Applicant: Trust for Nature (Victoria) Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Victoria Marles, Chief Executive Officer have the authority given to me by Trust for Nature to give the following undertakings with respect to the Trust for Nature Enterprise Agreement 2021 ("the Agreement"): 1. Notwithstanding the words in clause 36.12 dealing with Casual Employees Caring Responsibilities, the Employer will also recognise that a casual Employee may be unavailable to attend work or may be required to leave work to care for a member of their immediate family of household who is affected by an injury. 2. Notwithstanding the words appearing in clauses 36.6(a), 36.6(b), 36.10, 38.5(b) dealing with Documentary Evidence, the Employer undertakes to apply the reasonable person criteria in determining if satisfactory evidence has been provided. 3. Notwithstanding the words in clause 37.2 dealing with Definition of Family Violence, the Employer undertakes that the definition of family member also includes a person who is related to the Employee according to Aboriginal or Torres Strait Islander kinship rules as per section 106(B)(3)(b) of the Fair Work Act. 4. In clause 39.4 of the Agreement dealing with Substitution of Public Holidays, the Employer undertakes that public holidays can only be substituted by agreement between the Employer and an individual Employee. Therefore; an Employee may by agreement with the Employer substitute another day for any prescribed in clause 39. 5. Notwithstanding the words in clause 41.14 dealing with Special Parental Leave, the Employer undertakes that where a pregnancy terminates during the first 20 weeks, the Employee is entitled to access unpaid special parental leave or any paid personal/ carer's leave entitlement in accordance with clause 36. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Viteria Marcos Signature Date: 20/05/2022
TRUST FOR NATURE
ENTERPRISE AGREEMENT 2021
PART 1 – APPLICATION AND OPERATION OF AGREEMENT .................................. 3
1. TITLE 3
2. DEFINITIONS 3
3. PARTIES COVERED 4
4. RELATIONSHIP TO AWARDS AND AGREEMENTS 4
5. PERIOD OF OPERATION 4
6. ANTI-DISCRIMINATION AND WORKPLACE DIVERSITY 5
7. FLEXIBLE WORK 5
8. INDIVIDUAL FLEXIBILITY ARRANGEMENTS 6
9. RIGHT TO REQUEST FLEXIBLE WORKING ARRANGEMENTS 7
PART 2 – CONSULTATION AND DISPUTE RESOLUTION .......................................... 8
10. IMPLEMENTATION OF CHANGE 8
11. CONSULTATION ON CHANGES TO ROSTERS OR HOURS OF WORK 9
12. PERSONAL GRIEVANCE PROCEDURES 10
13. PREVENTION & SETTLEMENT OF DISPUTES 11
PART 3 – EMPLOYMENT ARRANGEMENTS ............................................................... 13
14. SECURE EMPLOYMENT 13
15. TYPES OF EMPLOYMENT 13
16. TERMINATION OF EMPLOYMENT 15
17. WORKING FROM HOME 17
18. MANAGEMENT OF UNSATISFACTORY WORK PERFORMANCE 17
19. MANAGEMENT OF MISCONDUCT 21
PART 4 – SALARY AND CLASSIFICATION ................................................................... 25
20. SALARY & CLASSIFICATION 25
21. SALARY INCREASES 27
22. PAYMENT OF SALARIES 28
23. SALARY PACKAGING 28
24. HIGHER DUTIES ALLOWANCE 28
--~ TRUST FOR
NATURE
TRUST FOR NATURE
Tang
Undertakings
Trust for Nature Enterprise Agreement 2021
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25. MOTOR VEHICLE ALLOWANCE 29
26. FIRST AID ALLOWANCE 29
27. AGILITY ALLOWANCE 29
28. OUT OF POCKET EXPENSES 31
29. SUPERANNUATION 32
PART 5 – HOURS OF WORK.............................................................................................. 32
30. HOURS OF WORK 32
31. OVERTIME 33
32. CHILDCARE 34
PART 6 – LEAVE AND PUBLIC HOLIDAYS................................................................... 34
33. ANNUAL LEAVE 34
34. CASHING OUT OF ANNUAL LEAVE 35
35. PURCHASED LEAVE 36
36. PERSONAL/CARER’S LEAVE 37
37. FAMILY VIOLENCE LEAVE 40
38. COMPASSIONATE LEAVE 41
39. PUBLIC HOLIDAYS 42
40. LONG SERVICE LEAVE 43
41. PARENTAL LEAVE 45
42. SURROGACY LEAVE 55
43. FOSTER AND KINSHIP CARE LEAVE 56
44. GENDER TRANSITION LEAVE 57
45. ALCOHOL, DRUG, OR PROBLEM GAMBLING REHABILITATION 58
46. CULTURAL AND CEREMONIAL LEAVE 59
47. COMMUNITY SERVICE LEAVE 59
48. OTHER LEAVE 61
PART 7 – OCCUPATIONAL HEALTH AND SAFETY ................................................... 62
49. OCCUPATIONAL HEALTH & SAFETY AND REHABILITATION 62
50. ACCIDENT COMPENSATION 63
51. REDEPLOYMENT & REDUNDANCY 64
SIGNATORIES TO THE AGREEMENT 65
SCHEDULE A: SALARIES 1 January 2022 ....................................................................... 66
SCHEDULE B – VPS NON-EXECUTIVE CAREER STRUCTURE CLASSIFICATION
AND VALUE RANGE STANDARD DESCRIPTORS....................................................... 68
Trust for Nature Enterprise Agreement 2021
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PART 1 – APPLICATION AND OPERATION OF AGREEMENT
1. TITLE
This agreement shall be known as the Trust for Nature Enterprise Agreement 2021.
2. DEFINITIONS
2.1 “Agreement” means this agreement, the Trust for Nature Enterprise Agreement 2021.
2.2 “Casual” has the meaning given by section 15A of the Fair Work Act 2009.
2.3 “Child” unless otherwise defined means:
a) someone who is a child of the Employee within the meaning of the Family Law Act 1975 (Cth),
and
b) an adopted child or step-child of the person.
It doesn’t matter whether the child is an adult.
2.4 “Continuous Service” means continuing paid employment with the employer including all periods
of paid leave and approved leave without pay.
2.5 “CPSU” means the Community and Public Sector Union.
2.6 “De Facto Partner” means:
a) a person who, although not legally married to the Employee, lives with the Employee in a
relationship as a couple on a genuine domestic basis (whether the Employee and the person are
of the same sex or different sexes); and
b) includes a former De Facto Partner of the Employee.
2.7 “Employee” means employees of the Employer covered by this agreement excluding executive
officers.
2.8 “Employer”; or “Trust” means Trust for Nature (Victoria).
2.9 “FW Act” means the Fair Work Act 2009 (Cth) as may be amended from time to time.
2.10 “FWC” means Fair Work Commission, or its successor.
2.11 "Immediate Family” means:
a) A Spouse, De Facto Partner, Child, parent, grandparent, grandchild or sibling of the Employee;
or
b) A Child, parent, grandparent, grandchild or sibling of a spouse or De Facto Partner of the
Employee.
2.12 "Long Term Casual Employee” means a casual Employee who has been employed on a regular
and systematic basis by their Employer for a sequence of periods of employment during a period of
at least 12 months.
2.13 “NES” means the National Employment Standards.
2.14 “Ordinary Hours” are the hours as defined in Clause 30 - Hours of Work.
2.15 “Ordinary Pay” means the employee’s normal salary or wages for ordinary hours worked excluding
overtime and allowances.
2.16 “Parties” means the parties to this agreement and shall include the employer, all non-executive
employees of the organisation and the Community and Public Sector Union
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3. PARTIES COVERED
3.1 This Agreement is made under Part 2 – 4 of the FW Act.
3.2 This Agreement applies to and covers:
(a) the Trust for Nature (Victoria)
(b) all Employees of the Trust excluding Executive Officers.
3.3 In accordance with s.183(1) of the FW Act, the Agreement will also cover the CPSU who are a
bargaining representative for this Agreement, provided that FWC notes in its decision to approve
the Agreement, that it covers this union.
4. RELATIONSHIP TO AWARDS AND AGREEMENTS
This Agreement operates to the exclusion of all previous awards and orders of FWC and replaces all
previous certified agreements in respect of the Employees. However any entitlement in the nature of
an accrued entitlement to an individual’s benefit which has accrued under any such previous certified
agreement will not be affected by the making of this Agreement. No Employee will on balance, have
their overall pay and conditions reduced as a result of making this Agreement.
5. PERIOD OF OPERATION
5.1 This Agreement commences operation seven days after the date on which the Fair Work
Commission approves the Agreement. The Agreement has a nominal expiry date of 31 December
2025.
5.2 It is a term of this agreement that no further claims by way of wages/salaries or conditions will be
pursued during the life of this agreement.
5.3 With the aim of avoiding protracted negotiations for a new agreement, the CPSU and Trust for
Nature agree to commence negotiations for a new agreement no less than 6 months prior to the expiry
of this Agreement, subject to government response to management logs submitted.
5.4 To meet this objective, the CPSU and Trust for Nature agree that:
(a) They will meet regularly to progress negotiations in good faith. In this connection, small
working groups may be established to examine particular areas of disagreement.
(b) The person/s responsible for negotiating will bring with them the necessary authority to
finalise an agreement.
(c) Where agreement is not reached, the parties will seek the assistance of a mutually agreed
conciliator or FWC. This does not prevent the parties seeking assistance, by agreement, on
any individual issue which is creating an impasse.
(d) Should conciliation be sought, then the parties to the conciliation may agree to an extension
to the negotiation period.
5.5 During this period parties to the Agreement will not act in a manner that is designed to frustrate good
faith bargaining.
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6. ANTI-DISCRIMINATION AND WORKPLACE DIVERSITY
6.1 It is the intention of the Parties to this Agreement to achieve the principal object in section 336(c) of
the FW Act through respecting and valuing the diversity of the workforce by helping to prevent and
eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental
disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion,
national extraction or social origin.
6.2 The Trust recognises the importance of workplace diversity and inclusion. The Trust will strive to
create a diverse workforce and an environment that recognises, values, utilises and reflects the
diverse society in which we live. In this context, diversity includes cultural diversity, Aboriginal
and Torres Strait Islander identity, sexuality, age, gender identity, ability, neurodiversity and carer
responsibilities.
6.3 Accordingly, in fulfilling their obligations under the procedures in clause 13 (Prevention and
Settlement of Disputes), the Parties must make every endeavour to ensure that neither the Agreement
provisions nor their operation are directly or indirectly discriminatory in their effects.
6.4 Nothing in this clause is to be taken to affect:
(a) any different treatment (or treatment having different effects) which is specifically exempted
under the Commonwealth anti-discrimination legislation;
(b) an Employee, Employer or registered Organisation pursuing matters of discrimination in any
State or Federal jurisdiction, including by application to the Australian Human Rights
Commission;
(c) the exceptions in section 351(2) and 772(2) of the FW Act or the operation of sections 772(3)
and 772(4) of the FW Act.
6.5 The Employer will act in accordance with its obligations under:
(a) the Equal Opportunity Act 2010 (Vic); and
(b) the Victorian Charter of Human Rights and Responsibilities; and
(c) the Gender Equality Act 2020 (Vic).
These obligations apply to the Employer but do not form part of the Agreement.
7. FLEXIBLE WORK
7.1 The Trust is committed to providing a range of flexible working arrangements to give Employees a
meaningful level of control over when, where and how work is accomplished.
7.2 These reflect a genuine commitment to support both individual flexibility and business performance
needs, while recognising that not all forms of flexibility will be suitable for all roles at any time.
7.3 Several provisions in this Agreement are available to facilitate an individual’s need for flexibility,
consistent with business requirements and legislative obligations.
Trust for Nature Enterprise Agreement 2021
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Clause Title Summary of Entitlement
(see clause for full entitlement and
conditions)
8 Individual Flexibility Arrangement (IFA) An IFA may vary the effect of clause 8
(Hours of Work)
9 Right to Request Flexible Working
Arrangements
Under s65 of the FW Act Employees in
circumstances as defined in the legislation
may request flexible working arrangements
15 Part-Time Employment Part time employment may be worked by
agreement between the Employee and the
Trust
17 Working from Home An individual Employee and the Trust may
agree to a blended work arrangement –
where an Employee may work from home
and on site.
30 Hours of Work An Employee can agree with the Trust to
work their ordinary hours flexibly, within
the span of hours, to best meet the Trust’s
work requirements and the Employee’s
personal and/or family circumstances.
37 Family Violence Leave An Employee experiencing family violence
has an entitlement to additional leave and
may request flexible work arrangements
41 Parental Leave An Employee returning to work after
parental leave has a right to request a
reduced time fraction until their Child
reaches school age, or alternatively may
request an extension of unpaid parental leave
27 Agility Allowance Employees (excluding Casual Employees)
will be entitled to an annual lump sum in
support of flexibility principles.
8. INDIVIDUAL FLEXIBILITY ARRANGEMENTS
8.1 The employer and an employee covered by this enterprise agreement may agree to make an
individual flexibility arrangement to vary the effect of terms of the agreement in order to meet the
genuine needs of the employer and employee. An individual flexibility arrangement must be
genuinely agreed to by the employer and employee.
(a) An individual flexibility arrangement may vary the effect of clause 30 (Hours of work) and
(b) An Employee may nominate a representative to assist in negotiations for an individual
flexibility arrangement.
8.2 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
Trust for Nature Enterprise Agreement 2021
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(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.
8.3 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
their employment as a result of the arrangement; and
(iv) states the day on which the arrangement commences; and
(v) provides for the individual flexibility arrangement to be terminated:
8.3.d.v.1. by either the Employee or Employer giving a
specific period of written notice, with the specified period being not more
than 28 days; and
8.3.d.v.2. at any time by written agreement between the
Employee and Employer.
8.4 The employer must give the employee a copy of the individual flexibility arrangement within 14
days after it is agreed to.
8.5 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.
9. RIGHT TO REQUEST FLEXIBLE WORKING ARRANGEMENTS
9.1 In accordance with and pursuant to section 65 of the FW Act, an Employee may request a change in
their working arrangements on the basis of the following circumstances:
(a) the employee is the parent, or has responsibility for the care, of a child who is school age or
younger;
(b) the employee is a carer (within the meaning of the Carer Recognition Act 2010);
(c) the employee has a disability;
(d) the employee is 55 years or older;
(e) the employee is experiencing violence from a member of the employee’s family;
(f) the employee provides care or support to a member of the employee’s immediate family, or a
member of the employee’s household, who requires care of support because the member is
experiencing violence from the member’s family.
Note: Examples of changes in working arrangements include changes in hours of work, changes
in patterns of work and changes in location of work.
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9.2 To avoid doubt, and without limiting clause 9.1, an Employee who:
(a) is a parent, or has responsibility for the care, of a child; and
(b) is returning to work after taking leave in relation to the birth or adoption of the child;
may request to work part-time to assist the Employee to care for the child.
9.3 A casual Employee is not entitled to make a request under this clause unless – the Employee:
(a) is a long term casual Employee of the Employer immediately before making the request; and
(b) has a reasonable expectation of continuing employment by the Employer on a regular and
systematic basis.
9.4 A request made under this clause must be made in writing and set out details of the changes sought
and the reasons for change.
9.5 On receipt of a request by an Employee under this clause, the Employer must give the Employee a
written response within 21 days stating whether the Employer grants or refuses the request.
9.6 The Employer may only refuse the request on reasonable business grounds.
9.7 Without limiting what are reasonable business grounds for the purposes of clause 9.6 reasonable
business grounds include the following:
(a) that the new working arrangements requested by the Employee would be too costly for the
Employer
(b) that there is no capacity to change the working arrangements of other Employees, or recruit
new Employees, to accommodate the new working arrangements requested by the Employee
(c) that it would be impractical to change the working arrangements of other Employees, or recruit
new Employees, to accommodate the new working arrangements requested by the Employee
(d) that the new working arrangements requested by the Employee would be likely to result in a
significant negative impact on customer service
(e) that the new working arrangements requested by the Employee would be likely to result in a
significant loss in efficiency or productivity.
9.8 If the Employer refuses the request, the written response under clause 9.5 must include details of the
reasons for the refusal.
PART 2 – CONSULTATION AND DISPUTE RESOLUTION
10. IMPLEMENTATION OF CHANGE
10.1 Where the employer has developed a proposal for major change likely to have a significant effect on
Employees, such as a restructure of the workplace, introduction of new technology or changes to
existing work practices of employees, the employer will advise the affected employees and their
nominated representative which may include a union of the proposed change as soon as practicable
after the proposal has been made. The employer will advise the affected employees and their
nominated representatives which may include a union, of the likely effects on the employees working
conditions and responsibilities. The employer will advise of the rationale and intended benefits of
any change, including improvements to productivity, if applicable
10.2 For the purpose of this clause, a major change is likely to have a significant effect on Employees if
it results in:
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(a) the termination of the employment of Employees;
(b) major change to the composition, operation or size of the Employer’s workforce or to the
skills required of Employees;
(c) the elimination or diminution of job opportunities (including opportunities for promotion or
tenure);
(d) the alteration of hours of work;
(e) the need to retrain Employees;
(f) the need to relocate Employees to another workplace;
(g) the restructuring of jobs
10.3 The employer will regularly consult with the affected employees and their nominated representatives
which may include a union and give prompt consideration to the matters raised by the employees or
their nominated representatives which may include a union and where appropriate provide training
for the employees to assist them to integrate successfully into the new structure.
10.4 In accordance with this clause the affected employees and their nominated representatives which
may include a union may submit alternative proposals which will meet the indicated rationale and
benefits of the proposal. Such alternative proposals must be submitted in a timely manner so as not
to lead to an unreasonable delay in the introduction of any contemplated change. If such proposal is
made the employer must give considered reasons to the affected employees and their nominated
representatives which may include a union if the employer does not accept its proposals. Indicative
reasonable timeframes are as follows:
10.5
Step in process Number of working days in which to
perform each step
Employer advises employees and their nominated
representatives which may include a union
Employee or their nominated representatives
which may include a union response
5 days following receipt of written advice
Meeting convened (if requested) 5 days following request for meeting
Further Employer response (if relevant) 5 days following meeting
Employee or their nominated representatives
which may include a union alternative proposal (if
applicable)
10 days
Employer response to any alternative proposal 10 days
10.6 Any dispute concerning the Parties’ obligations under this clause shall be dealt with in accordance
with clause 13 (Prevention and Settlement of Disputes).
11. CONSULTATION ON CHANGES TO ROSTERS OR HOURS OF WORK
11.1 This clause applies if the Employer proposes to introduce a change to the regular roster or ordinary
working hours of work of Employees.
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11.2 The Employer must notify the relevant Employees of the proposed change.
11.3 The relevant Employees may appoint a representative for the purposes of the procedures in this
clause.
11.4 If:
(a) a relevant Employee appoints, or relevant employees appoint, a representative for the purposes
of consultation; and
(b) the Employee or Employees advise the Employer of the identity of the representative;
the Employer must recognise the representative.
11.5 As soon as practicable after proposing to introduce the change, the employer must:
(a) discuss with the relevant Employees the introduction of the change; and
(b) for the purposes of the discussion – provide to the relevant Employees:
(i) all relevant information about the change, including the nature of the change; and
(ii) information about what the employer reasonably believes will be the effects of the
change on the Employees; and
(iii) information about any other matters that the Employer reasonably believes are likely to
affect the Employees; and
(c) invite the relevant Employees to give their views about the impact of the change (including
any impact in relation to their family or caring responsibilities).
11.6 However, the Employer is not required to disclose confidential or commercially sensitive
information to the relevant Employees.
11.7 The Employer must give prompt and genuine consideration to matters raised about the change by
the relevant Employees.
12. PERSONAL GRIEVANCE PROCEDURES
12.1 The following procedures are intended to provide for the resolution of personal grievances that may
arise from time to time. Nothing contained in these procedures shall affect the rights of the parties
in respect to a matter arising under this Agreement which are comprehended by clause 13
(Prevention and Settlement of Disputes).
12.2 Should any matter occur which gives cause for concern to an employee, they may raise the matter
with their immediate supervisor.
12.3 If not settled to their satisfaction within a reasonable period having regard to the nature of the
grievance, the employee concerned may draw the matter to the attention of the Chief Executive
Officer or, where the Chief Executive Officer is the immediate supervisor, the Chair of the Board.
If desired, the employee may seek the assistance of a third party.
12.4 The Chief Executive Officer or Chair (whichever is appropriate) shall take whatever action or make
whatever decision is considered appropriate to resolve the matter. Such action or decision shall be
taken having regard to the principles of natural justice and the commitments contained in this
Agreement.
12.5 Where requested the Chief Executive Officer or Chair (where relevant) shall provide written reasons
for their action or decision.
12.6 If the matter is not resolved by the Trust’s personal grievance process, it may be submitted to an
agreed external independent mediator for the purpose of mediation.
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12.7 It is agreed that matters raised in accordance with these procedures will be resolved as quickly as
possible.
13. PREVENTION & SETTLEMENT OF DISPUTES
13.1 For the purposes of this clause 13, a dispute includes a grievance.
13.2 Unless otherwise provided for in this Agreement, a dispute about a matter arising under this
Agreement or the National Employment Standards set out in the FW Act, other than termination of
employment, must be dealt with in accordance with this clause. For the avoidance of doubt, a dispute
about termination of employment cannot be dealt with under this clause.
13.3 This clause does not apply to any dispute regarding a matter or matters arising in the course of
bargaining in relation to a proposed enterprise agreement.
13.4 A person covered by this Agreement may choose to be represented at any stage by a representative,
including a Union representative or Employer’s organisation.
13.5 Obligations
(a) The parties to the dispute and their representatives must genuinely attempt to resolve the
dispute through the processes set out in this clause and must cooperate to ensure that these
processes are carried out expeditiously.
(b) Whilst a dispute is being dealt with in accordance with this clause, work must continue in
accordance with usual practice, provided that this does not apply to an Employee who has a
reasonable concern about an imminent risk to their health or safety, has advised the Employer
of this concern and has not unreasonably failed to comply with a direction by the Employer
to perform other available work that is safe and appropriate for the Employee to perform.
(c) No person covered by this Agreement will be prejudiced as to the final settlement of the
dispute by the continuance of work in accordance with this clause.
13.6 Agreement and Dispute Settlement Facilitation
(a) For the purposes of compliance with this Agreement (including compliance with this dispute
settlement procedure) where the chosen Employee representative is another Employee of the
Employer, they must be released by the Employer from normal duties for such periods of time
as may be reasonably necessary to enable them to represent Employees concerning matters
pertaining to the employment relationship including but not limited to:
(i) Investigating the circumstances of a dispute or an alleged breach of this Agreement;
(ii) Endeavouring to resolve a dispute arising out of the operation of this Agreement; or
(iii) Participating in conciliation, arbitration or any other agreed alternative dispute
resolution process.
(b) The release from normal duties referred to in this clause is subject to the proviso that it does
not unduly affect the operations of the Employer.
13.7 Discussion of Dispute
(a) The dispute must first be discussed by the aggrieved Employee(s) with the immediate
supervisor of the Employee(s).
(b) If the dispute is not settled, the aggrieved Employee(s) can require that the dispute be
discussed with another representative of the Employer appointed for the purposes of this
procedure.
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13.8 Internal Process
(a) If any party to the dispute who is covered by this Agreement refers the dispute to an
established internal dispute resolution process, the matter must first be dealt with according
to that process, provided that the process is conducted as expeditiously as possible and:
(i) is consistent with the rules of natural justice;
(ii) provides for mediation or conciliation of the dispute;
(iii) provides that the Employer will take into consideration any views on who should
conduct the review; and
(iv) is conducted as with as little formality as a proper consideration of the dispute allows.
(b) If the dispute is not settled through an internal dispute resolution process, the matter can be
dealt with in accordance with the processes set out below.
(c) If the matter is not settled either party to the dispute may apply to FWC to have the dispute
dealt with by conciliation.
13.9 Disputes of a Collective Character
(a) The Parties acknowledge that disputes of a collective character concerning more than one
Employee may be dealt with more expeditiously by an early reference to FWC.
(b) No dispute of a collective character may be referred to FWC directly unless there has been a
genuine attempt to resolve the dispute at the workplace level prior to it being referred to FWC.
13.10 Conciliation
(a) Where a dispute is referred for conciliation, a member of FWC shall do everything that
appears to the member to be right and proper to assist the parties to the dispute to agree on
settlement terms.
(b) This may include arranging:
(i) conferences of the parties to the dispute presided over by the member; and
(ii) for the parties to the dispute to confer among themselves at conferences at which the
member is not present.
(c) Conciliation before FWC shall be regarded as completed when:
(i) the parties to the dispute have reached agreement on the settlement of the dispute; or
(ii) the member of FWC conducting the conciliation has, either of their own motion or after
an application by a party to the dispute, satisfied themselves that there is no likelihood
that, within a reasonable period, further conciliation will result in a settlement; or
(iii) the parties to the dispute have informed the FWC member that there is no likelihood of
agreement on the settlement of the dispute and the member does not have substantial
reason to refuse to regard the conciliation proceedings as completed.
13.11 Arbitration
(a) If the dispute has not been settled when conciliation has been completed, a party to the dispute
may request that FWC proceed to determine the dispute by arbitration.
(b) Where a member of FWC has exercised conciliation powers in relation to the dispute, the
member shall not exercise, or take part in the exercise of, arbitration powers in relation to the
dispute if a party to the dispute objects to the member doing so.
(c) Subject to sub-clause 13.11 (d) below, the Agreement of FWC is binding upon the persons
covered by this Agreement.
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(d) A determination of a single member of FWC made pursuant to this clause may, with the
permission of the Full Bench of FWC, be appealed.
13.12 General Powers and Procedures of FWC
Subject to any agreement between the parties in relation to a particular dispute and the provisions of
this clause, in dealing with a dispute through conciliation or arbitration, FWC may conduct the matter
in accordance with Subdivision B of Division 3 of Part 5-1 of the FW Act.
PART 3 – EMPLOYMENT ARRANGEMENTS
14. SECURE EMPLOYMENT
14.1 The Employer acknowledges the positive impact that secure employment has on Employees and
the provision of quality services to the Victorian community.
14.2 The Employer will give preference to ongoing forms of employment over casual and fixed term
arrangements wherever possible.
14.3 Where a Union or affected Employees identify fixed term or casual employment that is considered
not to meet the criteria established in clauses 13.5 or 13.6 the Union or affected Employees will refer
the matter to the Employer. If the parties cannot resolve the matter, it will be dealt with under clause
13.
15. TYPES OF EMPLOYMENT
15.1 Basis of Employment
(a) Employees may be employed on:
(i) an ongoing basis;
(ii) a temporary/limited tenure basis; or
(iii) a casual basis.
(b) Employment may be full time or part time
15.2 Probationary Period – New Employee
(a) The Employer may appoint an Employee or a former Employee who commences employment
in Trust for Nature on a probationary basis. A casual Employee cannot be appointed on a
probationary basis.
(b) The period of probation shall be a reasonable period having regard to the nature of the position
but, shall be no more than six months.
(c) If conduct or performance issues are identified during the probationary period, the Employer
shall counsel the Employee during the probationary period in relation to their conduct or
performance and shall provide a written record of such counselling to the Employee.
(d) An initial probationary period (that is less than the maximum period of six months) may be
extended up to a total maximum period of six months. The probationary period may be
extended to allow an Employee to address performance or conduct issues or in circumstances
where non-attendance at work limits the Trust’s ability to properly assess an Employee.
Written notification prior to the end of the initial probation period must be provided to the
Employee if any extension to the probation period is to occur.
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(e) A probationary Employee’s employment may be terminated by the Employer during the
Employee’s probationary period by giving two weeks’ notice or two weeks’ pay in lieu of
notice, subject to the right to terminate an Employee’s employment without notice or payment
in lieu of notice if the Employee has committed any act of serious misconduct (as defined in
regulation 1.07 of the Fair Work Regulations 2009). For the avoidance of doubt, any notice
period must be given no later than two weeks’ prior to the end of the period of probation.
(f) Unless the employment is terminated earlier in accordance with clause 15.2 (e), at the end of
the period of probation the Employer shall confirm the Employee’s appointment in writing or,
in the event that the Employee’s conduct or performance during the probationary period is
unsatisfactory, terminate the employment by the giving of two weeks’ notice or two weeks’
pay in lieu of notice.
(g) A person initially employed by the Trust on a fixed term basis who is subsequently employed
by the Trust on an ongoing basis shall have the fixed term employment taken into account in
the determination of any probationary period.
15.3 Full Time
A Full Time employee is one who is engaged to work the ordinary working hours prescribed in
clause 30, (Hours of Work) of this Agreement.
15.4 Part Time
(a) A part time employee is one who is engaged to work, on a regular basis less than the 38 hours
per week. Such employment shall be on an ongoing or fixed term basis.
(b) Part-time employment will be worked only by agreement between the employee and Trust
where that agreement includes:
(i) the fixed and constant number of hours per week the employee will work,
(ii) the agreed processes for the variation of hours of work
(c) Part time employment is for not less than three consecutive hours in any day worked except:
(i) if the Employee works from home by agreement with the Trust; or
(ii) with the agreement of the Employee.
(d) A part time employee shall receive payment on a pro-rata basis for annual leave, long service
leave and personal leave.
(e) A part time employee shall receive payment for public holidays which fall upon a day on
which the employee would normally work.
15.5 Use of Fixed Term Employment
(a) The Employer will not use fixed term contract positions for the purposes of undermining the
job security or conditions of full–time ongoing Employees.
(b) In accordance with the principle set out in clause 15.5(a), the use of fixed term employment
in all areas covered by this Agreement is limited to:
(i) replacement of Employees proceeding on approved leave;
(ii) meeting fluctuating client and employment needs and unexpected increased workloads;
(iii) undertaking a specified task which is funded for a specified period;
(iv) filling a vacancy resulting from an Employee undertaking a temporary assignment or
secondment;
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(v) temporarily filling a vacancy where, following an appropriate selection process, a
suitable ongoing Employee is not available; or
(vi) filling a vacant role whilst a review of the area is undertaken, provided that such
appointment does not exceed a period of twelve months.
(c) In other than exceptional or unforeseen circumstances, fixed term appointments to a specific
position shall be for a maximum of three years, subject to clause 41 Parental Leave.
15.6 Use of Casual Employment
(a) The Employer will not use casual labour for the purpose of undermining the job security of
ongoing Employees, for the purpose of turning over a series of casual workers to fill an
ongoing employment vacancy or as a means of avoiding obligations under this Agreement.
(b) In accordance with the principle set out in subclause (a) above, the employment of casuals in
all areas covered by this Agreement is limited to meeting short-term work demands or
specialist skill requirements which are not continuing and would not be anticipated to be met
by existing Employee levels.
(c) Casual employment will be for not less than three consecutive hours in any day worked except:
(i) where the Employee works from home by agreement with the Employer; or
(ii) with the agreement of the Employee.
(d) Except as expressly provided for, all other provisions of this Agreement apply to casual
employees.
(e) Employees employed on a casual basis will receive a loading of 25 per cent in addition to the
applicable hourly rate of pay as compensation in lieu of any entitlement to the following
benefits:
(i) public holidays:
(ii) annual leave and annual leave loading
(iii) paid parental leave;
(iv) paid compassionate leave;
(v) paid personal/carer’s leave
(vi) jury service;
(vii) defence reserve leave; and
(viii) accident make-up pay.
16. TERMINATION OF EMPLOYMENT
16.1 Notice of Termination by the Employer
(a) The provisions of section 117 of the FW Act apply, except where varied by this clause.
(b) In order to terminate the employment of an employee other than a casual the employer shall
give the following notice:
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Period of Continuous Service Period of Notice
Up to the completion of 3 years 2 weeks
More than 3 years and up to the completion of 5 years 3 weeks
More than 5 years 5 weeks
(c) In addition to the notice in clause 16.1 above, employees over 45 years of age at the time of
the giving of notice with not less than two years continuous service are entitled to one
additional week's notice.
(d) Payment in lieu of notice prescribed above shall be made if the appropriate notice is not given.
(i) Provided that employment may be terminated by part of the prescribed period of notice
and part payment in lieu.
(e) In calculating the payment in lieu of notice, the wages the employee would have received for
the ordinary time worked during the period of notice shall be used.
16.2 Notice of Termination by Employee
(a) The notice given and required by the Employee shall be the same as required by the Employer
except that there shall be no additional notice based on the age of the Employee.
(b) Subject to financial obligations imposed by any Act, if the Employee fails to give notice the
employer shall have the right to withhold payments due to the Employee with a maximum
amount equal to the ordinary time rate of pay for the period not worked.
(c) Provided that by mutual agreement, the employee after having given notice, may leave prior
to the period of notice being worked out and shall be paid up until the last hour worked.
16.3 Time off during Notice Period
Where the Trust has given notice to the Employee, the Employee shall be allowed one day off
without loss of pay for the purpose of seeking other employment. Time off for this purpose shall be
at a mutually convenient time.
16.4 Abandonment of Employment
(a) Abandonment of employment is the unapproved absence of an Employee without reasonable
grounds as described in clause 16.4 (b).
(b) The Trust is entitled to regard the employment of an Employee as abandoned if:
(i) the Employee has been absent for more than 20 working days without the approval of
the Trust; and
(ii) the Employee has not provided the Trust with a reasonable explanation for their
absence; and
(iii) the Trust, after having made reasonable inquiries, could not reasonably be aware of any
reasonable grounds for the absence.
(c) Abandonment of employment constitutes grounds for termination by the Trust if the
employment has not otherwise ended.
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(d) If the Trust terminates an Employee’s employment due to abandonment of employment, the
Trust will provide notice of termination or pay in lieu of notice in accordance with clause 16.1
16.5 Statement of Employment
The employer shall upon receipt of a request from an Employee whose employment has been
terminated, provide to the Employee a written statement specifying the period of their employment
and the classification of or the type of work performed by the Employee.
16.6 Disciplinary Action and Dismissal
Procedures concerning Employee discipline are contained in the clauses 18 and 19.
17. WORKING FROM HOME
17.1 Until such time as the Trust develops its own working from home policy, the current staff practices
of home based work, where they apply, will be maintained. This includes support with equipment
that is required to perform their task and the payment of expenses associated with their operational
activity.
17.2 The Trust may authorise an Employee to work from home for a period to be determined by the Trust,
taking into account all relevant factors including:
• the nature of the Employee's duties;
• the likely benefit or otherwise to the Employer;
• the capacity of the Employee to work effectively from home;
• privacy considerations;
• health and safety considerations; and
• related costs.
17.3 Where an Employee needs to be at home for short-term caring reasons, the Trust may consider the
possibility of home-based work to cover this short-term absence from the Employee's usual
workplace. Home-based work opportunities may also be used for return to work arrangements where
this is appropriate.
17.4 Working from home arrangements will be subject to periodic review by the employer.
18. MANAGEMENT OF UNSATISFACTORY WORK PERFORMANCE
18.1 The purpose of this clause is to:
(a) support Employees with unsatisfactory work performance to improve their performance to the
required standard;
(b) ensure that unsatisfactory work performance is addressed expeditiously;
(c) reflect the public sector values of integrity, impartiality, accountability and respect with the
aim of ensuring that Employees are treated fairly and reasonably; and
(d) provide a fair and transparent framework for action to be taken where an Employee continues
to perform below the Employer’s expected standard.
18.2 Application
(a) Subject to applicable Victorian and federal legislation, action taken by the Employer in
relation to unsatisfactory work performance will be consistent with this clause.
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(b) This clause applies to all Employees except casual Employees and Employees subject to a
probationary period of employment.
18.3 Referred unsatisfactory work performance matters
The Employer may at any time elect, where there is reasonable cause, to manage the Employee’s
work performance in accordance with clause 19. Once an election has been made by the Employer
under this clause, any matters that have arisen under the process in this clause may be considered in
the process pursuant to clause 19.
18.4 Meaning of unsatisfactory work performance
An Employee’s work performance is unsatisfactory if the Employee fails to perform to the required
standards or expectations of their role.
18.5 Procedural fairness to apply
(a) The process for managing unsatisfactory work performance will be consistent with the
principles of procedural fairness.
(b) All parties involved in the process will commit to completing it as quickly as practicable.
(i) Before commencing formal unsatisfactory work performance processes, the Employer
must:
(ii) tell the Employee the purpose of the meeting;
(iii) provide the Employee with a copy of the formal unsatisfactory work performance
process to be followed.
(iv) provide a reasonable opportunity for the Employee to seek advice from the Union or a
representative of their choice before the unsatisfactory work performance process
commences; and
(v) allow the Employee the opportunity to provide details of any mitigating circumstances.
(c) The Employer must take into account any reasonable explanation of any failure by the
Employee to participate before making a decision under this clause 18.
18.6 Employee representation
An Employee is entitled to be represented by a person of their choice (including a Union
representative) at any stage of the formal review meetings of the unsatisfactory work performance
management process.
18.7 Prior to Commencing Process:
(a) The Employer must:
(i) consider organisational or personal factors that play a role in the Employee’s
unsatisfactory work performance and consider alternatives to the unsatisfactory work
performance process to address the problem; and
(ii) have a reasonable expectation that the Employee is capable of meeting the required
level of performance. Where the Employer and Employee agree that the Employee is
not capable of meeting the required level of performance the Employer may transfer
the Employee to a suitable alternative position where reasonably practicable.
18.8 Commencing the formal unsatisfactory work performance process
Where the Employer considers that informal attempts to address an Employee’s unsatisfactory work
performance have been unsuccessful, the Employer may proceed to formally manage the
Employee’s unsatisfactory work performance in accordance with, but not limited to, all or some of
the following measures:
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(a) increased supervision;
(b) changes to the Employee’s performance plan;
(c) mentoring;
(d) training and professional development;
(e) increased feedback; and
(f) coaching.
18.9 First stage – formal counselling
(a) The first stage of formal management of unsatisfactory work performance is formal
counselling of the Employee. The Employer must:
(i) advise the Employee of the unsatisfactory work performance and confirm the
commencement of the formal counselling stage;
(ii) outline the standard required of the Employee;
(iii) provide the Employee with an opportunity to respond within a reasonable timeframe;
and
(iv) provide the Employee with an opportunity to improve within a reasonable timeframe.
(b) The Employee will be advised of the consequences of not improving their performance within
a reasonable period of time and of engaging in any further unsatisfactory work performance.
(c) A record of the formal counselling session will be placed on the Employee’s personnel file.
(d) If the Employer determines that the Employee has met the required standard of performance
during the reasonable timeframe referred to in clause 18.9(a)(iv), the Employer will notify the
Employee that:
(i) the formal unsatisfactory work performance process has been completed; and
(ii) no further action will be taken by the Employer unless the Employee engages in
continued or repeated unsatisfactory work performance, in which case the formal
unsatisfactory work performance process may continue to the next stage.
A copy of this notification will be placed on the Employee’s personnel file.
18.10 Second stage – formal written warning
(a) The Employee will be given a formal written warning by the Employer, if:
(i) the Employee’s performance has not improved within the reasonable period following
formal counselling in accordance with clause 18.9(a)(iv); and/or
(ii) the Employee engages in further unsatisfactory work performance.
(b) The Employer must:
(i) advise the Employee of the unsatisfactory work performance;
(ii) outline the standard required of the Employee; and
(iii) provide the Employee with an opportunity to respond within a reasonable timeframe;
and
(iv) provide the Employee with an opportunity to improve within a reasonable timeframe.
(c) The formal written warning must indicate:
(i) the standard expected of the Employee;
(ii) where and how the Employee is not meeting this standard; and
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(iii) the consequences if the Employee fails to improve their performance including that
continued or repeated unsatisfactory work performance may result in termination of the
Employee’s employment.
(d) The written warning will be placed on the Employee’s personnel file.
(e) If the Employer determines that the Employee has met the required standard of performance
during the reasonable timeframe referred to in clause 18.10(b)(iv), the Employer will notify
the Employee that:
(i) the formal unsatisfactory work performance process has been completed; and
(ii) no further action will be taken by the Employer unless the Employee engages in
continued or repeated unsatisfactory work performance, in which case the formal
unsatisfactory work performance process may continue to the next stage.
A copy of this notification will be placed on the Employee’s personnel file.
18.11 Third stage – final warning
(a) The Employee will be given a final written warning by the Employer if
(i) the Employee’s performance has not improved within the reasonable time period
following receipt of a formal written warning in accordance with clause 18.10(b)(iv);
and/or
(ii) the Employee engages in further unsatisfactory work performance.
(b) The Employer must:
(i) advise the Employee of the unsatisfactory work performance;
(ii) outline the standard required of the Employee; and
(iii) provide the Employee with an opportunity to respond within a reasonable timeframe;
and
(iv) provide the Employee with an opportunity to improve within a reasonable timeframe.
(c) The formal written warning must indicate:
(i) the standard expected of the Employee;
(ii) where and how the Employee is not meeting this standard; and
(iii) the consequences if the Employee fails to improve their performance including that
continued or repeated unsatisfactory work performance may result in termination of the
Employee’s employment.
(d) The final written warning will be placed on the Employee’s personnel file.
(e) If the Employer determines that the Employee has met the required standard of performance
during the reasonable timeframe referred to in clause 18.10(b)(iv), the Employer will notify
the Employee that:
(i) the formal unsatisfactory work performance process has been completed; and
(ii) no further action will be taken by the Employer unless the Employee engages in
continued or repeated unsatisfactory work performance, in which case the formal
unsatisfactory work performance process may continue to the next stage.
A copy of this notification will be placed on the Employee’s personnel file.
18.12 Agreement of unsatisfactory work performance outcome
(a) In the event that the Employee’s performance has not improved within the reasonable time
period following the process set out in clauses 18.9 and 18.10 and on receipt by the Employee
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of the final written warning in accordance with clause 18.11, the Employer will advise the
Employee of the Employee’s continued or repeated unsatisfactory work performance and
provide the Employee with a reasonable opportunity to respond.
(b) After considering the Employee’s performance and response (including any failure to
respond in accordance with clause 18.12(a), the Employer will determine the unsatisfactory
work performance outcome that is to apply to the Employee.
(c) The possible outcomes are:
(i) assignment of the Employee with or without their agreement to a role at a classification
level or Value Range lower than the Employee’s current classification level or Value
Range; or
(ii) termination of the Employee’s employment.
(d) The Employer will advise the Employee of the unsatisfactory work performance outcome in
writing and a copy will be placed on the Employee’s personnel file.
18.13 Disputes
Any dispute arising under this clause may only be dealt with in accordance with clause 13
(Prevention and Settlement of Disputes) when any of the following are placed on the Employee’s
personnel file in accordance with this clause (this may include whether clause 18.5 has been
complied with in the Employer coming to a decision):
(a) a record of formal counselling;
(b) a formal written warning;
(c) a final written warning;
(d) a notification given to the Employee pursuant to clauses 18.9(d), 18.10(e) or 18.11(e); or
(e) a record of unsatisfactory work performance outcome.
18.14 Transitional provisions
The Parties acknowledge that this clause introduces amended processes for the management of under
performance in Trust for Nature. The following transitional provisions apply:
(a) new matters must be dealt with under this clause from the date this Agreement comes into
effect; and
(b) matters commenced but not concluded may continue in accordance with HR Policies and
Procedures Manual.
19. MANAGEMENT OF MISCONDUCT
19.1 The purpose of this clause is to:
(a) establish procedures for managing misconduct or alleged misconduct of an Employee;
(b) provide for Employee alleged misconduct to be investigated and addressed expeditiously and
with minimal disruption to the workplace;
(c) reflect the public sector values of integrity, impartiality, accountability and respect with the
aim of ensuring that Employees are treated fairly and reasonably; and
(d) manage the Employee’s performance in accordance with this clause 19 instead of clause 18
where the Employer determines that it would be more appropriate.
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19.2 Application
(a) Subject to applicable Victorian and federal legislation, action taken by the Employer in
relation to misconduct will be consistent with this clause.
(b) This clause applies to all Employees except casual Employees and Employees subject to a
probationary period of employment.
19.3 Meaning of misconduct
(a) For the purposes of this clause, misconduct includes:
(i) a contravention of a provision of the Public Administration Act 2004 (Vic) , the
regulations to that Act, a binding code of conduct or a provision of any statute or
regulation that applies to the Employee in the Employee’s employment;
(ii) improper conduct in an official capacity;
(iii) a contravention, without reasonable excuse, of a lawful direction given to the Employee
as an Employee by a person authorised to give that direction;
(iv) an Employee making improper use of their position for personal gain; or
(v) an Employee making improper use of information acquired by them by virtue of their
position to gain personally, or for anyone else, financial or other benefits or to cause
detriment to the VPS or the public sector.
19.4 Referred matters under clause 18 – management of unsatisfactory work performance
Any matters that have arisen under the management of unsatisfactory work performance process in
clause 18 may be considered in the misconduct process pursuant to this clause 19.
19.5 Employee representation
An Employee is entitled to be represented by a person of their choice (including a Union
representative) at any stage of the misconduct process.
19.6 Procedural fairness to apply
(a) The process for managing Employee misconduct will be consistent with the principles of
procedural fairness.
(b) All parties involved in the misconduct process will commit to completing it as quickly as
practicable.
(c) Before commencing the formal processes, the Employer must:
(i) tell the Employee the purpose of the meeting;
(ii) provide the Employee with a copy of the formal process to be followed;
(iii) provide a reasonable opportunity for the Employee to seek advice from the Union or a
representative of their choice before the formal process commences; and
(iv) allow the Employee the opportunity to provide details of any mitigating circumstances.
(d) The Employer must take into account any reasonable explanation of any failure by the
Employee to participate before making a decision under this clause 19.
19.7 Admissions by Employee
(a) The Employee may at any stage elect to admit the alleged misconduct.
(b) If the Employee admits the alleged misconduct, the Employer may proceed immediately to
the determination of the misconduct outcome stage pursuant to clause 19.11.
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19.8 Directions
(a) Where Employee misconduct is alleged, the Employer may do any of the following:
(i) make an initial assessment of the alleged misconduct before commencing the formal
process to determine if an investigation is required in accordance with clause 19.9; or
(ii) determine that it is appropriate to immediately commence an investigation of the
alleged misconduct in accordance with clause 19.9;
and/or
(iii) direct the Employee to proceed immediately to perform alternative duties or work at an
alternative place of work; and/or
(iv) direct the Employee not to speak to other Employees of the Employer about the matter
or not to visit certain places of work; and/or
(v) suspend the Employee with pay.
(b) In the event that the Employer exercises rights under clause 19.8(a)(v), the Employer will:
(i) review this decision no later than a date which is four weeks after the commencement
of the suspension; and
(ii) confirm whether the suspension is to continue or is no longer necessary.
The Employer will continue to review any decision regarding an Employee’s suspension every four
weeks thereafter, until the end of the misconduct process in accordance with this clause 19.
19.9 Investigation of alleged misconduct
(a) As soon as practicable after an allegation of misconduct has been made and the Employer has
determined in accordance with clauses 19.8(a)(i) or 19.8(a)(ii) that an investigation is
required, the Employer will advise the Employee of the alleged misconduct in writing.
(b) The written advice will contain the allegation/s of misconduct made about the Employee.
Relevant information will only be withheld where it is necessary to withhold that information
in order to protect the personal privacy of any other person consistent with Federal or State
legislation.
(c) The Employer will appoint a person to conduct an investigation into the alleged misconduct.
Where appropriate, the investigation may be conducted by the Employee’s immediate
manager. The appointed person must not have any prior personal involvement in the matter.
(d) The Employer will provide the Employee with an opportunity to speak to the investigator if
the Employee wishes to do so.
(e) The investigation may include:
(i) collecting any relevant materials;
(ii) speaking with the Employee;
(iii) speaking with any relevant witnesses;
(iv) providing the Employee with specific particulars to allow the Employee to properly
respond to the alleged misconduct;
(v) seeking an explanation from the Employee; and
(vi) investigating any explanation made by the Employee for the purposes of verifying the
explanation so far as possible.
(f) In relation to each allegation of misconduct, the investigator will make findings as to whether:
(i) the allegation is substantiated; or
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(ii) the allegation is not substantiated.
(g) Where the investigator makes a finding that an allegation is not substantiated, the misconduct
process will conclude in relation to any such allegation and the Employee will be informed
accordingly.
(h) Where the investigator makes a finding that the allegation is substantiated, the Employer will
consider this information and propose a discipline outcome.
19.10 Opportunity for response by Employee
(a) As soon as practicable after the investigator has made a finding that any allegation of
misconduct is substantiated, the Employee will be provided with the findings of the
investigator and the proposed discipline outcome.
(b) The Employee will be given a reasonable time to respond to the findings or the material and
the recommended discipline outcome. Any response must be provided within the above
reasonable time.
19.11 Determination of discipline outcome
(a) The Employer will consider:
(i) the findings of the investigator; and
(ii) the recommended discipline outcome; and
(iii) any response of the Employee (including any admission of misconduct under clause
19.7); and
(iv) any prior disciplinary outcomes,
and then determine the discipline outcome that is to apply to the Employee. The discipline
outcome must not be disproportionate to the seriousness of the matter.
(b) The possible discipline outcomes are:
(i) no action;
(ii) performance management;
(iii) formal counselling;
(iv) formal warning;
(v) final warning;
(vi) assignment of the Employee with or without their agreement to a role at a classification
level or Value Range lower than the Employee’s current classification level or Value
Range;
(vii) transfer of the Employee with or without their agreement to a different work location
at the Employee’s current classification level (which will not preclude the Employee
being entitled to payment of any applicable relocation allowance); or
(viii) termination of employment.
(c) The Employer will advise the Employee of the discipline outcome in writing and a copy will
be placed on the Employee’s personnel file.
19.12 Informing Employee who raised allegation of misconduct
If a process was conducted in accordance with this clause because of an allegation of misconduct by
another Employee, the Employer must advise that Employee that the allegation has been dealt with
in accordance with this clause, and may provide the Employee with other information as is
reasonably practicable.
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19.13 Disputes
Any dispute arising under this clause may only be dealt with in accordance with clause 13
(Prevention and Settlement of Disputes) when any of the following are placed on the Employee’s
personnel file in accordance with this clause (this may include whether clause 19.6 has been
complied with in the Employer coming to a decision):
(a) a record of formal counselling;
(b) a formal written warning;
(c) a final written warning; or
(d) a record of discipline outcome.
19.14 Potential criminal conduct
Where alleged misconduct that is the subject of a process in accordance with this clause 19 is also
the subject of a criminal investigation or criminal proceedings, the Employer is not required to delay
or cease the management of misconduct process under this clause 19 but the Employer may exercise
its discretion to do so.
19.15 Transitional provisions
The Parties acknowledge that this clause introduces amended processes for the management of under
performance in Trust for Nature. The following transitional provisions apply:
(a) new matters must be dealt with under this clause from the date this Agreement comes into
effect; and
(b) matters commenced but not concluded may continue in accordance with HR Policies and
Procedures Manual.
PART 4 – SALARY AND CLASSIFICATION
20. SALARY & CLASSIFICATION
20.1 Classifications are divided into Grades and Value Ranges.
Employees will be employed within one of these Grades and Value Ranges based on work
requirements in accordance with the Grade Standard Descriptors.
20.2 Movement Between Value Ranges
(a) Employees and/or positions can move between Value Ranges.
(b) Movement between the Value Ranges can occur following a job resizing review. The review
process includes an assessment of the work the Employer requires to be undertaken and the
performance of that work by the Employee. These are assessed against the benchmarks
specified in the Classification.
20.3 Classification and Salary on Appointment
(a) Employees will be appointed to a Grade and Value Range based on work requirements in
accordance with the Grade Standard Descriptors.
(i) The employer will appoint Employees at grades 1 to 7 to a pay point within the
relevant grade and value range.
(b) The gender equity effects of appointments above the base salary point of the relevant Value
Range will be monitored by the State Services Authority over time.
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20.4 Progression within a Value Range
(a) Progression Steps and Amounts
(i) Within each Value Range of Grades 1 to 7 there are progression steps (expressed as
salary points) as detailed in the table in Schedule A.
(ii) Progression steps or amounts within Value Ranges are not points of defined work value.
(b) Progression within the new salary structure will not be automatic, consistent with wage fixing
principles.
(c) Progression between progression steps or amounts will occur when an Employee is assessed
at their annual performance review as meeting the performance criteria outlined in the
Employee’s performance plan.
20.5 Top of Grade or Value Range Payment
(a) An Employee at the top of their Grade or Value Range will receive a top of Grade or Value
Range payment where the Employee is assessed at their annual performance review as
meeting the ‘progression criteria’ outlined in the Employee’s performance plan.
(b) The top of Grade or Value Range payment will be equal to one percent of the Employee’s
salary as at 30 June of the relevant performance cycle.
(c) Top of Grade or Value Range payments will commence from the 2021/2022 performance
cycle.
20.6 Performance Cycle and Review
(a) The performance cycle is 12 months (1 July to 30 June).
(b) The progression criteria are to be agreed with each Employee at the start of the performance
cycle or upon commencement in a role. The progression criteria may be adjusted by
agreement during the performance cycle.
(c) The progression criteria for an individual Employee are to be developed using the
performance standards outlined in clause 20.7 (Performance Standards).
(d) All Employees can expect continuous feedback about their performance throughout the
performance cycle with their supervisor or manager.
(e) A performance review is undertaken at the end of each performance cycle. The Employee’s
performance against the progression criteria is assessed by their supervisor or manager at that
time. Employees must meet all of the elements of their individual performance plan to be
eligible for progression.
(f) An Employee will be eligible to access progression if an Employee has been in their role for
six months or more, except in the following circumstances:
(i) has completed a formal underperformance process or subject to one under clause 18 at
30 June; or
(ii) is subject to proven misconduct as per clause 19 during the course of the performance
cycle.
20.7 Performance Standards
(a) The performance standards detailed below must be weighted and combined, appropriate to
the role, to make up an individual's progression criteria.
(b) Performance standards for all Grades are as follows:
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(i) achieving the performance targets;
(ii) demonstrating public sector values and behaviours; and
(iii) applying learning and development.
(c) Management should facilitate an individual Employee’s ability to undertake appropriate
learning and development. An individual Employee must actively pursue appropriate learning
and development to meet their performance standard.
(d) An Employee will not be disadvantaged where learning and development opportunities are
not available. It is acknowledged that within Grades 1 to 4 the progression criteria will not be
as onerous as those which will be required for Grades 5 to Senior Technical Specialist. Whilst
Grades 3 and 4 are clearly seen as transition points to higher levels of management within the
structure and carry additional responsibility, this does not mean work at all lower levels will
not be important and demanding. However, it is expected that in setting agreed progression
criteria the overwhelming majority of persons within Grades 1 to 4 will achieve the objectives
and should move through the salary points. This is to be contrasted with persons in Grades 5
to Senior Technical Specialist. In these Grades agreed objectives will include measures of
excellence and skill acquisition commensurate with the high level of responsibility. It is
expected that progression at these levels will be both more challenging and difficult to achieve.
(e) Central to progression is the need for supervisors and managers, in consultation with
Employees, to determine what should, and can, be delivered to warrant progression through a
combination of increasing capability, productivity, performance and professionalism. This
interaction between managers and Employees gives authority and integrity to the structure
and its sustainability in the long term.
21. SALARY INCREASES
21.1 Employees employed by the Employer as at, or after the date of commencement of this Agreement,
will receive the following salary increases:
Date of effect Percentage increase
1 January 2022 2%
1 January 2023 2%
1 January 2024 2%
1 January 2025 2%
21.2 Salary Rates
See Schedule A.
21.3 Reclassification
An Employee whose position has undergone significant change may request a review of the position
which they occupy by submitting in writing details of the requirement of the job and justification of
the request.
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22. PAYMENT OF SALARIES
22.1 Salaries, allowances, penalty or overtime payments due to an Employee must be paid by Trust for
Nature by electronic direct credit to a bank account, credit union or building society account
nominated by the Employee. In exceptional circumstances, including significant delays in payment
of salary, Trust for Nature will make provision for off-line payments.
22.2 Monthly pays will occur on the 15th of each month. Payment will be two weeks in arrears and the
remainder in advance.
22.3 Where a normal payday falls on a public holiday the direct credit to the Employee’s nominated
account must be no later than the last working day prior to the public holiday.
22.4 For the purpose of calculating an hourly rate, the amount shall be calculated as follows:
Annual salary divided by 365.25 multiplied by 7 divided by 38.
22.5 Employees must be provided either in writing or electronically, with details of each pay regarding
the makeup of their remuneration and any deductions
22.6 By agreement with Trust for Nature, the Employee may authorise Trust for Nature to make
deductions from their salary of an amount to be paid into their superannuation fund, in addition to
superannuation contributions made by Trust for Nature.
22.7 In the event of an overpayment of salary, allowance, loading or other payment, Trust for Nature must
advise the Employee. Similarly, the Employee must advise Trust for Nature if they know there has
been an overpayment. Where agreement cannot be reached on a repayment arrangement, Trust for
Nature may recover the overpayment by instalments to be paid in accordance with the Financial
Management Act 1994 (Vic).
22.8 Casual employees will be paid fortnightly in arrears.
23. SALARY PACKAGING
23.1 An Employee may enter into a salary packaging arrangement with their Employer using pre-tax
salary in respect of superannuation, a novated lease and/or other approved benefits under State or
Federal legislation. In the case of salary sacrifice to State Government defined benefit
superannuation schemes, arrangements must comply with State legislation.
23.2 All costs associated with salary packaging, including the Employer’s reasonable administrative
costs, are to be met from the salary of the participating Employee.
24. HIGHER DUTIES ALLOWANCE
24.1 When does higher duties allowance apply
A higher duties allowance will be paid where an Employee is required to undertake all or part of the
duties of a higher classified position for a period longer than five consecutive working days. A
“higher classified position” includes a position classified at a higher Value Range.
24.2 Level of allowance
The level of the allowance shall be in proportion to the extent of the higher duties performed, and
shall be calculated on the base of the Grade or Value Range.
24.3 Leave while performing higher duties
Paid leave taken during a higher duties assignment shall be paid inclusive of the allowance, provided
the Employee resumes the duties of the higher duties position on their return from leave.
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24.4 Progression payments
(a) Where an Employee has been acting in a higher position for a period of twelve months, the
Employee shall be eligible for consideration for progression payment for continued
performance of the higher duties activities beyond 12 months.
(b) In the event an eligible Employee acting in a higher position is progressed to the next
progression step/amount in that higher position, on returning to their substantive position they
will be deemed to have progressed to the next progression step/amount within their
substantive Grade (if applicable).
25. MOTOR VEHICLE ALLOWANCE
25.1 Where necessary to carry out the Employee's duties, the Trust will endeavour and continue to explore
all options for provision of a motor vehicle for the Employees work related use.
25.2 An Employee who by agreement with the Trust uses their own private vehicle in the course of their
duties shall be paid an allowance in accordance with the rates prescribed by the Royal Automobile
Club of Victoria (RACV).
26. FIRST AID ALLOWANCE
26.1 Where an Employee, in addition to their normal duties, agrees to be appointed by the Trust to
perform first aid duties:
(a) the Employee must hold a current first aid certificate issued by St John Ambulance Australia
or an equivalent qualification;
(b) the Employee will be paid an annual allowance payable in monthly instalments; and this
allowance will be as follows:
Date of effect Amount per annum
01-January -2022 $647
01 January-2023 $660
01-January-2024 $673
01 January 2025 $686
26.2 The Trust must reimburse any additional costs incurred by the Employee in obtaining and
maintaining the first aid qualification.
27. AGILITY ALLOWANCE
27.1 Ongoing and fixed term Employees will be paid an annual lump sum agility payment in recognition
of the parties’ commitment to the agility principles outlined in clause 27.4. The agility allowance
will be made as a lump sum payment on the first of January as specified in the schedule below.
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27.2 The payment is applicable to full time and part time employees who are employed on an ongoing or
fixed term basis. A pro rata payment will be made for part-time Employees and for fixed term
employees contracted for less than 12 months. Casual employees are excluded from receiving this
payment.
27.3 To be eligible for payment of this allowance, Employees must be actively employed with the
Employer on the date of the scheduled payment of this allowance. Anyone employed after the date
of the scheduled payment will be deemed ineligible and will not be eligible to receive payment of
the allowance until the next scheduled payment as outlined in Table 1
27.4 Agility Allowance Principles
The Parties agree to interpret and apply this Agreement consistently with the following principles aimed at
promoting workforce agility in recognition that:
(a) For the life of the Agreement the Employer requires more flexibility and agility, particularly
in response to the COVID-19 global pandemic and the changing external environment;
(b) The work required at Trust for Nature is not static and can change due to factors such as new
government priorities, technological advancement and the need to respond to evolving public
policy or crises and;
(c) The Employees are committed to ensuring they participate to support evolving priorities.
27.5 The Parties agree that the principles set out above will be operationalised over the life of the
Agreement, through a range of changed work practices, flexibility of where work is performed and
service delivery changes. These may include, for example but not limited to:
(a) A model where Employees can be deployed to priority projects or programs across the
organisation based on their core skills and capabilities, rather than being limited to a specific
role
(b) Interdisciplinary project teams which change in size and composition over time, with shared
resources and/or reporting lines outside traditional hierarchical structures or across
departmental boundaries
(c) A flexible work framework where, by agreement, employees can work from home, in the
office and in the field and the Employer may require Employees to work from a particular
office or other work location to perform duties, such as; attendance at meetings, training or
other reasonable duties as directed by the employer
27.6 In recognition of the need to work more flexibly and adapt to the post COVID-19 environment, the
parties agree to consult on the introduction of a flexible workforce framework to support these
principles during the first six months of this Agreement.
27.7 The Parties agree that workforce agility measures are not intended to adversely affect Employees’
overall employment security or otherwise disadvantage Employees in their employment. In
particular:
(a) The Employer will designate a line manager for personal development, wellbeing,
performance assessment and related support. An Employee may report to a number of
different managers for projects or work activities. The line manager may consult with the
Employee’s different project or work activity managers in assessing an Employee’s
performance. The designated line manager will ensure an Employee’s reporting arrangements
are clear;
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(b) An Employee’s participation in workforce agility measures will be regarded favourably and
not place that Employee at a disadvantage for the purposes of performance development and
progression;
(c) The Employer will at all times apply the appropriate classification level, and where applicable,
higher duties allowance, to work performed by an Employee;
(d) The Employer will comply with its obligations under the Agreement and section 65 of the FW
Act regarding flexible work arrangements and will ensure that an Employee’s need for flexible
work arrangements is taken into account in implementing agility measures;
(e) The Employer will comply with its obligations under the Agreement and the Occupational
Health and Safety Act 2004 (Vic) when implementing agility measures;
(f) Agility measures will not disadvantage an Employee in their terms and conditions of
employment and;
(g) Nothing in this clause removes the requirement to consult where major change is likely to
have significant effects on Employees as prescribed by clause 10
Table 1 - Schedule for payment of agility allowance:
Date of payment Amount
1 January 2022 $1000
1 January 2023 $1020
1 January 2024 $1040
1 January 2025 $1061
28. OUT OF POCKET EXPENSES
28.1 General provisions
(a) Where the Trust requires an Employee in the course of their duties to be absent from their
home or usual place of work overnight or for part of a day outside the spread of hours of
7.00am to 6.30pm, the Employee shall be eligible to receive payment for the reasonable costs
of accommodation, meals and incidental expenses associated with such absences.
(b) The Trust will reimburse the Employee reasonable out of pocket expenses actually and
necessarily incurred in the course of their authorised duties.
(c) The Trust must apply the rulings of the Commissioner of Taxation (ATO) relating to
reasonable allowances in determining the maximum rates payable, unless otherwise agreed.
(d) The amount of an expense will be considered reasonable where it does not exceed the relevant
amounts set by the ATO as adjusted from time to time.
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28.2 Allowable expenses
Allowable expenses include:
(a) Travelling, accommodation, meals and other incidental expenses associated with an overnight
absence from home or part day duties away from the normal work location; and expenses
incurred in using private mobile and home phones.
(b) The Employee must obtain the prior approval of the Trust before using their private mobile or
home phone during the course of their employment. Following use, the Employee must submit
an itemised statement of the calls made and their cost.
28.3 The Employee shall produce receipts for all such expenses incurred. Where the payment made by
the Trust exceeds the expenses incurred by the Employee, the difference shall be reimbursed by the
Employee as soon as practicable.
29. SUPERANNUATION
29.1 The parties agree that the various employee nominated superannuation funds will continue to be the
funds to which the Trust and employee contributions will be made. The Trust will contribute to the
superannuation fund regardless of the Employee’s age. The Trust will continue to make
contributions to the fund in accordance with Federal superannuation legislation.
PART 5 – HOURS OF WORK
30. HOURS OF WORK
30.1 Ordinary hours
(a) The ordinary hours of work shall be:
(i) 38 per week for full time Employees
(ii) The agreed contracted hours in the case of part time Employees,
to be worked over five days, Monday to Friday or, over any five days in the week as agreed between
the Employer and Employees, between the spread of hours of 7:00am to 6:30pm.
(b) Actual starting and finishing times are to be arranged by the Employer in agreement with
Employees at the local level. No Employee shall be required to work more than 5 hours
continuously without an unpaid break of at least 30 minutes.
30.2 Flexible Working Arrangements
(a) The parties to this Agreement recognise the particular requirements of the Trust and the need
for flexible working arrangements.
(b) With agreement from the Trust, an Employee can work additional hours to their ordinary
hours within the spread of hours of work as described in Clause 30.1 to generate sufficient
time in credit to take time off at mutually agreed times.
(c) For operational or personal reasons, it is also recognised that Employees may from time to
time work hours outside the ordinary spread of hours or greater than the 38 hour week
provided by Clause 30.1.
(d) Where Employees are required to work in excess of 38 ordinary hours per week but within
the spread of hours provided for in Clause 30.1, by agreement between the employer and the
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Employee, time off can be taken in lieu of payment. Such time will be accumulated on an hour
for hour basis to a maximum of 38 hours and must be taken at a time mutually convenient to
the Trust and Employee concerned.
(e) Time in excess of 38 hours can be accumulated by negotiation. (See clause 31.7)
(f) Employees will not be able to accrue a debit of flexible hours of more than 10 hours.
31. OVERTIME
31.1 Monday to Saturday
Where an employee is directed by the employer to work outside ordinary hours as described in clause
30, the employee shall be paid at the rate of time and a half for the first three hours and double time
thereafter.
31.2 Sunday
Where an employee is directed by the employer to work on Sunday outside ordinary hours as
described in clause 30, the employee shall be paid at twice the ordinary rate.
31.3 Public Holidays
31.4 Where an employee is directed by the employer to work overtime on a gazetted public holiday,
outside ordinary hours as described in clause 30, the employee shall be paid at the rate of double
time and a half for time worked in excess of ordinary hours.
31.5 Overtime Meal Allowance
An employee who is required to work a period of overtime which:
(a) immediately follows or immediately precedes a scheduled period of ordinary duty and is not
less than two hours; or
(b) does not immediately follow or immediately precedes a scheduled period of ordinary duty and
which either:
(i) includes a meal break of not less than twenty minutes taken prior to the completion and
not less than four hours after the commencement of the overtime; or
(ii) where the taking of a meal break is precluded by reason of safety requirements, is not
less than four hours,
the employee shall be eligible to receive the meal allowance payable as follows:
Date of effect Amount per annum
01-January-2022 $22.44
01-January-2023 $22.89
01-January-2024 $23.35
01 January 2025 $23.82
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31.6 Overtime - Rate of Accrual for Time in Lieu of Payment
(a) Where employees are required to work hours outside the spread of hours provided for in
Clause 30, by agreement between the employer and the employee, time off can be taken in
lieu of payment. Such time may be accumulated on an hour for hour basis to a maximum of
38 hours and must be taken at a time mutually convenient to the employer and employee
concerned.
(b) Where an Employee is granted time in lieu of payment for overtime work, the time will accrue
on the following basis:
(c) In the case of overtime worked Monday to Friday - on an hour for hour basis; and
(d) In the case of overtime worked on weekends or public holidays - two hours of time in lieu per
hour worked.
31.7 How does time in lieu apply?
(a) Time in lieu is to be taken at a time mutually agreed. The Employer will endeavour to permit
the Employee to take time in lieu at a time of the Employee's choosing.
(b) Time in lieu may accumulate to a maximum of 38 hours. Any Employee who has accumulated
38 hours of time in lieu must be paid overtime for any additional overtime hours worked.
(c) Accumulation of time in lieu is outlined in clauses 30.2 and 31.6.
(d) By agreement, the Employee may convert 38 hours of accrued time in lieu to one additional
week of annual leave to be taken at a time mutually agreed. In this case, time in lieu may
continue to accrue.
(e) Upon termination for any reason, the Employee will be paid out any time in lieu accrued to
their credit as if it were time worked.
31.8 Recall to Duty
Employees must be paid (unless time in lieu is agreed) for a minimum of three hours when they are
recalled to duty.
32. CHILDCARE
Where employees are required by the employer to work outside their ordinary hours of work and
where less than 24 hours' notice of the requirement to perform such overtime work has been given
by the employer, the employee will be reimbursed for reasonable childcare expenses incurred. In
order to claim reasonable childcare rates this arrangement will be agreed by both the employer and
employee in advance of the overtime being worked. Evidence of expenditure incurred by the
employee must be provided to the employer as soon as possible after the working of such
overtime.
PART 6 – LEAVE AND PUBLIC HOLIDAYS
33. ANNUAL LEAVE
33.1 Leave entitlement
Every employee other than a casual shall be entitled to four weeks' (pro-rata for part time) of paid
annual leave for each year of service.
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(a) Pro-rata annual leave will be credited daily, accumulate and be expressed and deducted in
hours and minutes, one day being 7.6 hours.
(b) Such leave may be taken with reasonable notice by the employee in minimum periods of half
of one day (3.8 hours) at a time mutually convenient to the employee and employer.
33.2 Broken service
In determining the entitlement of an Employee to annual leave, there shall not be regarded as service
any periods where the Employee was absent without pay. There shall be included, however, all
periods of paid leave and any public holidays taken.
33.3 Public holidays
If the period during which an Employee takes paid annual leave includes a day or part of a day that
is a public holiday in the place where the Employee is based for work purposes, the Employee is not
to be taken to be on paid annual leave on that public holiday. An Employee's leave entitlement shall
be in addition to any of the public holidays prescribed by this agreement.
33.4 Leave to be taken
No Employee shall accumulate more than 8 weeks (pro-rata for part time) of annual leave
entitlements without the approval of the Employer.
33.5 Proportionate leave on termination
Any Employee who leaves the employment of the Employer or whose services are terminated (or
their legal representative in the case of the death of the Employee) shall be paid an amount calculated
on the basis of l/12th of an ordinary week's pay in respect of each completed five working days of
continuous service with the Employer plus any accrued leave loading, for which leave has not
previously been granted.
33.6 Leave loading
(a) In addition to ordinary rates as prescribed in clause 21.2 hereof, a loading of 17.5 per cent
ordinary rates (excluding overtime and allowances) shall be paid for the period of annual
leave.
(b) The maximum payable under this clause will not exceed an amount calculated in respect of a
salary of the top of Grade 4.
34. CASHING OUT OF ANNUAL LEAVE
34.1 Within six months of the date of commencement of this Agreement, an Employee may elect to cash
out part of their accrued annual leave entitlement in accordance with this.
34.2 An Employee is only entitled to elect to cash out part of their accrued annual leave entitlement if all
of the following criteria are met:
(a) the Employee has an entitlement to more than four weeks of annual leave and elects to cash
out all or any of their accrued annual leave entitlement in excess of four weeks;
(b) the Employee provides the Employer with a written request signed by the Employee electing
to cash out a specified amount of the Employee’s accrued annual leave entitlement; and
(c) the Employer receives the request from the Employee within six months of the date of
commencement of this Agreement.
34.3 Upon receiving the Employee’s written request pursuant to clause 34.2(b), the Employer will enter
into a written agreement with the Employee to cash out the specified accrued annual leave
entitlement.
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34.4 Leave will be paid at the Employee’s ordinary rate of pay and must be processed at the earliest
opportunity and no later than the first pay period after six months of the date of commencement of
this Agreement.
34.5 Payment of excess annual leave entitlements includes payment of any applicable annual leave
loading set out in clause 33.
34.6 There is no entitlement for an Employee to enter into a written agreement to cash out part of their
accrued annual leave entitlement after six months of the date of commencement of this Agreement.
35. PURCHASED LEAVE
35.1 Notwithstanding any other provision of this Agreement, an Employee may, with the agreement of
the Employer, work less than 52 weeks per year. Access to this entitlement may only be granted on
application from an Employee and cannot be required as a precondition for employment.
35.2 Where the Employer and an Employee agree to a reduction in the number of working weeks under
clause 35.1:
(a) the Employee will receive additional converted leave as follows:
44/52 weeks Additional 8 weeks’ leave (12 weeks in total)
45/52 weeks Additional 7 weeks’ leave (11 weeks in total)
46/52 weeks Additional 6 weeks’ leave (10 weeks in total)
47/52 weeks Additional 5 weeks’ leave (9 weeks in total)
48/52 weeks Additional 4 weeks’ leave (8 weeks in total)
49/52 weeks Additional 3 weeks’ leave (7 weeks in total)
50/52 weeks Additional 2 weeks’ leave (6 weeks in total)
51/52 weeks Additional 1 weeks’ leave (5 weeks in total)
The above does not preclude an Employee and the Employer from agreeing to a similar type of
arrangement that would provide an Employee with additional converted leave of more than eight
weeks.
(b) the Employee will receive a salary equal to the period worked (e.g. 46 weeks, 49 weeks) which
will be spread over a 52 week period; and
(c) accrual of personal/carer’s leave and long service leave by the Employee shall remain
unchanged.
(d) Where the arrangement, because of extraordinary circumstances, has been varied or cancelled
and requires a refund of salary deduction, the refund to the employee will be made as a lump
sum no later than the second pay period following notification of the variation or cancellation.
(e) Where the Employee’s employment terminates, deductions made for Purchased leave not yet
taken will be repaid.
35.3 The Employer will endeavour to accommodate Employee requests for arrangements under this
clause. Where such requests are granted, the Employer will make proper arrangements to ensure that
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the workloads of other Employees are not unduly affected and that excessive overtime is not required
to be performed by other Employees as a result of these arrangements.
35.4 An Employee may revert to ordinary 52 week employment by giving the Employer no less than four
weeks’ written notice. Where an Employee so reverts to 52 week employment, appropriate pro rata
salary adjustments will be made.
36. PERSONAL/CARER’S LEAVE
36.1 Amount of paid personal/carer’s leave
(a) An Employee, other than a casual Employee, is entitled to paid personal/carer’s leave when
they are absent because of:
(i) personal illness or injury; or
(ii) personal illness or injury of an Employee’s immediate family or household member
who requires the Employee's care or support; or
(iii) an unexpected emergency affecting an Employee’s immediate family or household
member.
(b) A full time Employee is entitled to paid personal/carer’s leave of 114 hours for each year of
service. A part-time Employee is entitled to a pro-rata amount of paid personal/carer’s leave
based on the part-time Employee’s hours of work.
(i) Leave will be credited on commencement of employment and subsequently on the
anniversary date of the Employee’s employment.
(ii) Employees appointed for a fixed term period will accrue on a pro-rata basis paid
personal/carer’s leave according to length of their service.
(iii) Leave without pay will not count as service for personal/carer’s leave accrual purposes.
(iv) Unused paid personal/carer’s leave accumulates from year to year.
(v) Accrued personal/carer’s leave will not be paid out on termination of employment.
(c) In this clause 36, the term “immediate family” means
(i) a spouse (including a former spouse, a de facto partner and a former de facto partner)
of the Employee. A de facto partner means a person who, although not legally married
to the Employee, lives with the Employee in a relationship as a couple on a genuine
domestic basis (whether the Employee and the person are of the same sex or different
sexes);
(ii) a child or an adult child (including an adopted child, a step child or an ex nuptial child),
parent, grandparent, grandchild or sibling of the Employee or the Employee’s spouse
or de facto partner.
36.2 Payment for personal/carer’s leave
An Employee, other than a casual Employee, who takes paid personal/carer’s leave, is entitled to be
paid at the Salary rate of pay for their ordinary hours of work in the period during which the
personal/carer’s leave is taken.
36.3 Notice
(a) An Employee must give their Employer notice of the taking of personal/ carer’s leave under
this clause. The notice:
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(i) must advise the Employer of the period, or expected period, of the leave; and
(ii) must be given to the Employer as soon as practicable, which may be a time after the
personal/carer’s leave has started.
36.4 Documentary Evidence Requirements
(a) Personal leave
In the case of personal leave, the Employee must provide the Employer with a medical
certificate from a Registered Practitioner.
(b) Carer’s leave
(i) In the case of carer’s leave, the Employee must provide the Employer with appropriate
documentary evidence.
(ii) The form of evidence required by the Employer will depend on the circumstances of
the carer’s leave request, and may include a medical certificate from a Registered
Practitioner or statutory declaration stating the condition of the person concerned and
that this condition requires the Employee’s care or support or other relevant
documentary evidence.
(c) Registered Practitioner means one of the following: Aboriginal and Torres Strait Islander
health practitioner, Chinese medicine practitioner, Chiropractor, Dental care practitioner,
Medical practitioner, Nurse practitioner, Midwife, Optometrist, Osteopath, Pharmacist,
Physiotherapist, Podiatrist or Psychologist.
36.5 Exception
(a) An Employee entitled to take personal/carer’s leave for the purposes set out in clause 36.1
may, subject to clauses (b) and (c), take up to an aggregate of 38 hours or equivalent pro-rata
amount accrued personal/carer’s leave in each year of employment without having to provide
the Employer with the documentary evidence required by clause 36.
(b) If the period of absence referred to in clause (a) is for a continuous period exceeding 22.8
hours, the Employee must provide appropriate documentary evidence to the Employer as set
out in clause 36.
(c) Despite clause (a), the Employee may be required to provide appropriate documentary
evidence as required by the Employer in accordance with clause 36.
(d) Where an Employee cannot reasonably provide documentary evidence from a Registered
Practitioner, the Employee may provide a statutory declaration. The statutory declaration
must include information as to why the Employee was unable to attend a Registered
Practitioner and the reason why they were unable to attend work. A statutory declaration can
only be used for single day absences on no more than three occasions.
36.6 Further medical certificates or documentary evidence
(a) The Employer may require that an Employee provide a further medical certificate from an
independent Registered Practitioner where an Employee has been on personal leave for at
least six weeks and has a medical certificate indicating on-going need for personal leave. The
employee will select a Registered Practitioner from a list of at least three Registered
Practitioners nominated by the Employer. The nominated Registered Practitioners will not
include a Registered Practitioner employed by the Employer.
(b) The Employer may require that an Employee provide further documentary evidence to the
satisfaction of the Employer where an Employee has been on carer’s leave for at least two
weeks including evidence stating the condition of the person concerned and that this condition
requires the continued care or support of the Employee.
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36.7 Employee’s incapacity to undertake duties
If the Employer has a genuine concern about an Employee’s capacity to undertake their duties, the
Employer may require that the Employee provide a medical certificate from an independent
Registered Practitioner. The employee will select a Registered Practitioner from a list of at least
three Registered Practitioners nominated by the Employer. The nominated Registered Practitioners
will not include a Registered Practitioner employed by the Employer.
36.8 Failure to provide relevant documentary evidence
Failure by the Employee to provide documentary evidence as required by the Employer within a
reasonable period of time may render the Employee ineligible for payment for personal/carer’s leave
under this clause.
36.9 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.
36.10 Unpaid personal leave
An Employee who has exhausted all paid personal/carer’s leave entitlements may, with the consent
of the Employer, take unpaid personal leave. The Employer will require that the Employee provide
documentary evidence to support the unpaid personal leave to the satisfaction of the Employer.
36.11 Unpaid carer’s leave
(a) An Employee who has exhausted all paid personal/carer’s leave entitlements may take unpaid
carer’s leave to provide care or support in the circumstances outlined in clauses 36.1(a)(ii) or
36.1(a)(ii) providing the Employee complies with the notice and evidence requirements
outlined in clause 36.4(b). The Employer and the Employee will agree on the period of unpaid
leave. In the absence of agreement, the Employee may take up to two days unpaid carer’s
leave per occasion.
(b) Alternatively, the Employee may, with the consent of the Employer, elect to work make-up
time, under which the Employee takes time off during ordinary hours and works those hours
at a later time during the Employee’s spread of ordinary hours.
36.12 Casual Employees – Caring responsibilities
(a) Casual Employees may be unavailable to attend work or may be required to leave work 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.
(b) The Employer and a casual Employee will agree on the period for which the casual Employee
may be unavailable to attend work. In the absence of agreement, a casual Employee is
permitted to be absent from work for up to two days per occasion. A casual Employee is not
entitled to any payment for the period of non-attendance.
(c) A casual Employee must comply with the notice and evidence requirements outlined in this
clause 36.
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37. FAMILY VIOLENCE LEAVE
37.1 General Principle
(a) The 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, the
Employer is committing to providing support to staff that experience family violence.
(b) Leave for family violence purposes is available to Employees who are experiencing family
violence to allow them to be absent from the workplace to attend counselling appointments,
legal proceedings and other activities related to, and as a consequence of, family violence.
(c) The supports and paid or unpaid leave provided under this clause do not extend to perpetrators
(or alleged perpetrators) of family violence.
37.2 Definition of Family Violence
Family violence includes physical, sexual, financial, verbal or emotional abuse by a family member
as defined in the Family Violence Protection Act 2008 (Vic).
37.3 Eligibility
(a) Leave for family violence purposes is available to all Employees with the exception of casual
Employees.
(b) Casual Employees are entitled to access leave without pay for family violence purposes.
37.4 General Measures
(a) Evidence of family violence may be required and can be in the form of an agreed document
issued by the Police Service, a Court, a registered health practitioner, a Family Violence
Support Service, district nurse, maternal and health care nurse or Lawyer. A signed statutory
declaration can also be offered as evidence.
(b) All personal information concerning family violence will be kept confidential in line with the
Employer’s policies and relevant legislation. No information will be kept on an Employee’s
personnel file without their express written permission.
(c) No adverse action will be taken against an Employee if their attendance or performance at
work suffers as a result of experiencing family violence.
(d) The Employer will identify contacts/s within the workplace who will be trained in family
violence and associated privacy issues. The Employer will advertise the name of any Family
Violence contacts within the workplace.
(e) An Employee experiencing family violence may raise the issue with their immediate
supervisor, Family violence contacts, union delegate or nominated Human Resources contact.
The immediate supervisor may seek advice from Human Resources if the employee chooses
not to see the Human Resources or Family Violence contact.
(f) Where requested by an Employee, the Human Resources contact will liaise with the
Employee’s manager on the Employee’s behalf, and will make a recommendation on the most
appropriate form of support to provide in accordance with clause 37.5 and clause 37.6.
(g) The Employer will develop guidelines to supplement this clause and which details the
appropriate action to be taken in the event that an Employee reports family violence.
37.5 Leave
(a) An Employee experiencing family violence will have access to 20 days per year of paid special
leave for medical appointments, legal proceedings and other activities related to family
violence (this leave is not cumulative but if the leave is exhausted consideration will be given
to providing additional leave). This leave will be in addition to existing leave entitlements
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and may be taken as consecutive or single days or as a fraction of a day and can be taken
without prior approval.
(b) An Employee who supports a person experiencing family violence may utilise their
personal/carer’s leave entitlement to accompany them to court, to hospital, or to care for
children. The Employer may require evidence consistent with clause 37.4(a) from an
Employee seeking to utilise their personal/career’s leave entitlement.
37.6 Individual Support
(a) In order to provide support to an Employee experiencing family violence and to provide a safe
work environment to all Employees, the Employer will approve any reasonable request from
an Employee experiencing family violence for:
(i) temporary or ongoing changes to their span of hours or pattern of hours;
(ii) temporary or ongoing job redesign or changes to duties;
(iii) temporary or ongoing relocation to suitable employment;
(iv) a change to their telephone number or email address to avoid harassing contact;
(v) any other appropriate measure including those available under existing provisions for
family friendly and flexible work arrangements.
(b) Any changes to an employee’s role should be reviewed at agreed periods. When an Employee
is no longer experiencing family violence, the terms and conditions of employment revert to
the terms and conditions applicable to the Employee’s substantive position.
(c) An Employee experiencing family violence will be offered access to the Employee Assistance
Program (EAP) and /or other available local Employee support resources. The EAP shall
include professionals trained specifically in family violence.
(d) An Employee that discloses that they are experiencing family violence will be given
information regarding current support services.
38. COMPASSIONATE LEAVE
38.1 Definition
In this clause the Employee's immediate family means:
(a) the Employee's spouse (including the Employee's former spouse, de facto partner and former
de facto partner). A de facto partner means a person who, although not legally married to the
Employee, lives with the Employee as a couple on a genuine domestic basis (whether the
Employee and the person are of the same sex or different sexes); and
(b) a child or adult child (including an adopted child, a step child or an ex nuptial child), parent,
grandparent, grandchild or sibling of the Employee or the Employee's spouse or de facto
partner.
38.2 Amount of compassionate leave
(a) An Employee, other than a casual Employee, is entitled to up to three days paid compassionate
leave on 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,
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each of which constitutes a permissible occasion for the purposes of this clause 38.
(b) An Employee may take compassionate leave for a particular permissible occasion if the leave
is taken:
(i) to spend time with the member of the Employee’s immediate family or household who
has contracted or developed a personal illness or sustained a personal injury referred to
in clause 38.2(a); or
(ii) after the death of a member of the Employee’s immediate family or household referred
to in clause 38.2(a).
(c) An Employee is not required to take compassionate leave in respect of a permissible occasion
consecutively.
(d) Compassionate leave will not accrue from year to year and will not be paid out on termination
of the employment of the Employee.
38.3 Payment for Compassionate Leave (other than for casual Employees)
An Employee, other than a casual Employee, who takes paid compassionate leave, is entitled to be
paid at their salary for ordinary hours of work in the period in which the compassionate leave is
taken.
38.4 Unpaid Compassionate Leave
(a) An Employee, including a casual Employee may take unpaid compassionate leave by
agreement with the Employer.
38.5 Notice and Evidence Requirements
(a) An Employee who is taking compassionate leave under this clause must give notice to the
Employer as soon as practicable (which may be at a time after the compassionate leave has
started) and must advise the Employer of the period, or expected period, of the compassionate
leave.
(b) An Employee must provide the Employer with satisfactory evidence to support the taking of
compassionate leave. Satisfactory evidence may include a medical certificate from a
Registered Practitioner (as that term is defined in clause 36.6(a), a statutory declaration or
other relevant documentary evidence to the reasonable satisfaction of the Employer.
(c) The Employee is not entitled to compassionate leave under this clause unless the Employee
complies with the evidence and notice requirements set out in this clause.
39. PUBLIC HOLIDAYS
39.1 An employee, other than a casual, shall be entitled to the following holidays without loss of pay:
New Year's Day;
Australia Day,
Labour Day;
Good Friday;
Easter Saturday;
Easter Sunday;
Easter Monday;
Anzac Day;
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Queens' Birthday;
Friday before the Australian Football League Grand Final;
Melbourne Cup Day;
Christmas Day; and
Boxing Day.
(a) When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on
27 December.
(b) When Boxing Day is a Saturday or a Sunday, an additional holiday shall be observed on 28
December.
(c) When New Year's Day is a Saturday or Sunday, an additional holiday shall be observed on
the next Monday.
(d) When Australia Day is a Saturday or a Sunday, a holiday in lieu shall be observed on the next
Monday.
39.2 When public holidays are declared or prescribed on days other than those set out in clause 39.1
above, those days shall constitute additional or substitute holidays for the purpose of the agreement.
39.3 Melbourne Cup Day Substitution
Where, outside the Melbourne Metropolitan area, a Public Holiday is proclaimed in that municipality
for the observance of local events, that day will be observed as a Public Holiday in lieu of Melbourne
Cup Day.
39.4 Substitution of Public Holidays
The employer and the 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. Such agreement shall be recorded in writing and be available to every affected employee.
40. LONG SERVICE LEAVE
40.1 Entitlement to leave
(a) An employee who has completed ten years' service shall be entitled to three months' long
service leave with pay. An employee shall be entitled to a further 1.5 months' long service
leave with pay for each additional period of five years' completed service.
(b) An employee who with not less than ten completed years of service resigns or whose services
are terminated shall, upon written application, receive payment of a sum representing pay for
service equal to 1/40th of the period of service, in lieu of long service leave with pay.
(c) Where the services of an employee with not less than four completed years of service, is
terminated on account of age of retirement, ill health, retrenchment, or by death, the employee
or the legal personal representative of the employee shall receive payment of a sum
representing pay for service equal to 1/40th of the period of service.
(d) Any public holiday that occurs during the period of long service leave shall not be regarded
as part of the leave. The employer shall grant to the employee a day off in lieu.
(e) An employee may access this entitlement on a pro-rata basis after initial seven years of
continuous service.
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40.2 Calculation of the period of service
(a) In calculating the period of service, there shall be included:
(i) any period of paid leave including leave due to war disabilities;
(ii) unpaid sick leave up to a maximum of 26 weeks;
(iii) any period on Workcare for which accident make-up payments are made for a
maximum of twelve months;
(iv) prior service as defined in clause 40.3;
(v) such other leave as the employer may determine in a particular case.
(b) Any periods of long service for which leave has been taken or pay in lieu made shall be used
for the purposes of calculating service, but no further payment can be made or leave taken
with respect to those periods.
(c) No periods of unpaid leave shall be recognised as service unless specified.
40.3 Recognition of prior service
For the purposes of this provision, prior service of an Employee shall include any period or periods
of service with any employer respondent to the award, or in any State or Federal Government
office (including the Armed Forces), or in any other Government Instrumentality or Authority,
Municipality or Local Government Authority or other prior service, as may be recognised by the
employer. Prior service, as defined above, may be recognised provided that a certified record of
service is provided from the previous employer and that the breaks in such service between the
previous employer and the Trust does not exceed twelve months.
40.4 Taking of Long Service Leave
Long service leave shall be taken at times which are convenient to the needs of the Employer but
as far as is practicable the wishes of the Employee shall be considered when fixing the time for
taking of leave.
40.5 Payment of Long Service Leave
(a) Long service leave granted with pay shall be paid at the Employee's ordinary rate of pay, as
defined.
(i) Provided that where the length of service prescribed in this subclause includes periods
of less than fulltime service, (including prior service recognised hereof), calculation
and payment of such periods of service shall be on a pro rata basis.
(b) At the request of the Employee the whole or part of long service leave may be taken at half
pay for a period equal to twice the whole or part of the period.
(c) The above amount shall be payable monthly except that on request of the Employee and with
the agreement of the Employer the amount be paid in a lump sum at the commencement of
the leave.
(d) Payment to an Employee during long service leave shall be adjusted to include any variation
in salary which occurs during the leave period.
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41. PARENTAL LEAVE
41.1 Application
Full-time, part-time and Eligible Casual Employees are entitled to parental leave under this clause
if:
(a) the leave is associated with:
(i) the birth of a child of the Employee, the Employee’s Spouse or the employees legal
surrogate; or
(ii) the placement of a child with the Employee for adoption; and
(b) the Employee has or will have a responsibility for the care of the child.
41.2 Definitions
For the purposes of this clause:
(a) Eligible Casual Employee means a casual Employee:
(i) employed by the Employer on a regular and systematic basis for a continuing period or
sequence of periods of employment during a period of at least twelve months; and
(ii) who has, but for accessing parental leave under this clause, a reasonable expectation of
continuing employment by the Employer on a regular and systematic basis.
(b) Continuous Service is work for the Employer on a regular and systematic basis (including
any period of authorised leave) and any period of Recognised Prior Service (as defined in
clause 41.2(g)).
(c) Child means:
(i) in relation to birth-related leave, a child (or children from a multiple birth) of the
Employee, the Employee’s Spouse or the employees legal surrogate;
(ii) in relation to adoption-related leave, a child (or children) who will be placed with an
Employee, and:
who is, or will be, under 16 as at the day of placement, or the expected day of
placement;
has not, or will not have, lived continuously with the Employee for a period of 6
months or more as at the day of placement, or the expected day of placement; and
is not (otherwise than because of the adoption) a child of the Employee or the
Employee’s spouse.
(d) Primary Caregiver means the person who takes primary responsibility for the care of a
newborn or newly adopted Child. The primary carer is the person who meets the Child's
physical needs more than anyone else. Only one person can be a Child's primary carer on a
particular day.
(e) Secondary Caregiver means a person who has parental responsibility for the Child but is not
the Primary Caregiver.
(f) Spouse includes a de facto spouse, former spouse or former de facto spouse. The Employee’s
de facto spouse means a person who lives with the Employee as husband, wife or same sex
partner on a bona fide domestic basis, whether or not legally married to the Employee.
(g) Recognised Prior Service means any service immediately prior to the Employees
Employment with the Employer, where the Employee was employed:
(i) by a public entity under the Public Administration Act 2004 (Vic);
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(ii) under Part 6 of the Public Administration Act 2004 (Vic); or
(iii) as a parliamentary officer or electorate officer under the Parliamentary Administration
Act 2005 (Vic);
41.3 Summary of Parental Leave Entitlements
Parental leave entitlements in this clause are summarised in the following table. The entitlements
summarise in the table below apply to a period of parental leave commencing on or after 1 January
2022.
Paid leave Unpaid leave Total
Primary Caregiver
More than 3 months service 16 weeks Up to 36 weeks 52 weeks
Less than 3 months service 0 Up to 52 weeks 52 weeks
Eligible casual employee 0 Up to 52 weeks 52 weeks
Secondary Caregiver
More than 3 months service 4 weeks Up to 48 weeks 52 weeks
Less than 3 months service 0 Up to 52 weeks 52 weeks
More than 3 months service and
takes over primary responsibility
for the care of the child within
first 78 weeks
An additional
12 weeks
Up to 36 weeks 52 weeks
Eligible casual employee 0 Up to 52 weeks 52 weeks
Pre-natal leave
Pregnant employee 38 hours
Spouse 7.6 hours
Permanent Care Leave
More than 3 months service 16 weeks Up to 36 weeks 52 weeks
Less than 3 months service 0 Up to 52 weeks 52 weeks
Grandparent Leave 0 Up to 52 weeks 52 weeks
41.4 Parental Leave – Primary Caregiver
(a) An Eligible Employee who has, or will have, completed at least three months paid Continuous
Service and who will be the Primary Caregiver at the time of the birth or adoption of their
Child, is entitled to up to 52 weeks parental leave, comprising:
(i) 16 weeks paid parental leave; and
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(ii) up to 36 weeks unpaid parental leave.
(b) An Eligible Employee who will be the Primary Caregiver but has not completed at least three
months paid Continuous Service at the time of the birth or adoption of their Child, is entitled
to up to 52 weeks unpaid parental leave.
(c) An Eligible Casual Employee who will be the Primary Caregiver at the time of the birth or
adoption of their Child is entitled to up to 52 weeks unpaid parental leave.
(d) Only one parent can receive Primary Caregiver parental leave entitlements in respect to the
birth or adoption of their Child. An Employee cannot receive Primary Caregiver parental leave
entitlements:
(i) if their Spouse is, or will be, the Primary Caregiver at the time of the birth or adoption
of their Child;
(ii) if their Spouse has received, or will receive, paid maternity leave, primary caregiver
entitlements, or a similar entitlement, from their employer; or
(iii) if the Employee has received, or will receive, Secondary Caregiver parental leave
entitlements in relation to their Child.
(e) A period of parental leave taken in accordance with this clause may be for a single continuous
period, or taken in a manner that suits parents, subject to the Trusts operational requirements.
41.5 Parental Leave – Secondary Caregiver
(a) An Eligible Employee who has, or will have, completed at least three months paid Continuous
Service and who will be the Secondary Caregiver at the time of the birth or adoption of their
Child, is entitled to up to 52 weeks parental leave, comprising:
(i) 4 weeks paid parental leave; and
(ii) 12 weeks Additional paid Secondary Caregiver parental leave, subject to the conditions
in clause 41.6, and
(iii) Unpaid parental leave to bring the total available paid and unpaid leave to 52 weeks.
(b) An Eligible Employee who will be the Secondary Caregiver but has not completed at least
three months paid Continuous Service at the time of the birth or adoption, is entitled to up to
52 weeks unpaid parental leave.
(c) An Eligible Casual Employee who will be the Secondary Caregiver at the time of the birth or
adoption of their Child is entitled to up to 52 weeks unpaid parental leave.
(d) Only one parent can receive Secondary Caregiver parental leave entitlements in respect to the
birth or adoption of their Child.
(e) An Employee cannot receive Secondary Caregiver parental leave entitlements where the
Employee has received Primary Caregiver parental leave entitlements in relation to their
Child.
41.6 Additional paid leave for Secondary Caregiver
(a) A Secondary Caregiver is entitled to up to an additional 12 weeks paid leave within the first
78 weeks of the date of birth or adoption of the Child provided that:
(i) The Secondary Caregiver assumes primary responsibility for the care of a child, by
meeting the Childs’s physical needs more than anyone else; and
(ii) The Secondary Caregiver’s spouse is not concurrently taking primary responsibility for
the care of the Child or receiving paid parental leave, primary caregiver entitlements or
a similar entitlement from their employer.
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(b) To access additional paid leave, the Employee must have been eligible for paid Secondary
Caregiver leave at the time of birth or adoption of their Child, irrespective of when the
Employee elects to take the paid leave under this clause.
41.7 Pre-Natal Leave
(a) A pregnant Employee will have access to paid leave totalling up to 38 hours per pregnancy to
enable the Employee to attend routine medical appointments associated with the pregnancy.
(b) An Employee who has a Spouse who is pregnant will have access to paid leave totalling up to
7.6 hours per pregnancy to enable the Employee to attend routine medical appointments
associated with the pregnancy.
(c) The Employee is required to provide a medical certificate from a registered medical
practitioner confirming that the Employee or their Spouse is pregnant. Each absence on pre-
natal leave must also be covered by a medical certificate.
(d) Paid pre-natal leave is not available to casual Employees.
(e) The Trust should be flexible enough to allow the Employee the ability to leave work and return
on the same day.
41.8 Pre-adoption leave
(a) An Employee seeking to adopt a Child is entitled to two days paid leave for the purpose of
attending any compulsory interviews or examinations as are necessary as part of the adoption
procedure.
(b) An Employee seeking to adopt a Child may also access further unpaid leave. The Employee
and the Trust should agree on the length of the unpaid leave. Where agreement cannot be
reached, the Employee is entitled to take up to two days unpaid leave.
(c) Where paid leave is available to the Employee, the Trust may require the Employee to take
such leave instead.
(d) The Trust may require the Employee to provide satisfactory evidence supporting the leave
(e) Paid pre adoption leave is not available to casual employees.
41.9 Permanent Care Leave
If, pursuant to the Children, Youth and Families Act 2005 (Vic) or any successor to that legislation,
or by the Family Court of Australia, an Employee (other than a casual Employee), is granted a
permanent care order in relation to the custody or guardianship of a child and the Employee is the
Primary Caregiver for that child, the Employee will be entitled to 16 weeks’ paid leave at a time to
be agreed with the Trust.
41.10 Grandparent Leave
An Employee, who is or will be the Primary Caregiver of a grandchild, is entitled to a period of up
to 52 weeks’ continuous unpaid grandparent leave in respect of the birth or adoption of the
grandchild of the Employee.
41.11 Continuing to work while pregnant
(a) The Employer may require a pregnant Employee to provide a medical certificate stating that
the Employee is fit to work their normal duties where the Employee:
(i) continues to work within a six week period immediately prior to the expected date of
birth of the child; or
(ii) is on paid leave under clause 41.13(b).
(b) The Employer may require the Employee to start parental leave if the Employee:
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(i) does not give the Employer the requested certificate within seven days of the request;
or
(ii) gives the Employer a medical certificate stating that the Employee is unfit to work.
41.12 Personal/Carer’s Leave
A pregnant Employee, not then on parental leave, who is suffering from an illness whether related
or not to the pregnancy, may take any paid and/or unpaid personal/carer’s leave in accordance with
clause 36.
41.13 Transfer to a Safe Job
(a) Where an Employee is pregnant and, in the opinion of a registered medical practitioner, illness
or risks arising out of the pregnancy or hazards connected with the work assigned to the
Employee make it inadvisable for the Employee to continue at their present work, the
Employee will, if the Employer deems it practicable, be transferred to a safe job with no other
change to the Employee’s terms and conditions of employment until the commencement of
parental leave.
(b) If the Employer does not think it to be reasonably practicable to transfer the Employee to a
safe job, the Employee may take no safe job paid leave, or the Employer may require the
Employee to take no safe job paid leave immediately for a period which ends at the earliest of
either:
(i) when the Employee is certified unfit to work during the six week period before the
expected date of birth by a registered medical practitioner; or
(ii) when the Employee’s pregnancy results in the birth of a living child or when the
Employee’s pregnancy ends otherwise than with the birth of a living child.
(c) The entitlement to no safe job leave is in addition to any other leave entitlement the Employee
has.
41.14 Special Parental Leave
Where the pregnancy of an Employee not then on parental leave terminates other than by the birth
of a living child, the Employee may take leave for such periods as a registered medical practitioner
certifies as necessary, as follows:
(a) where the pregnancy terminates during the first 20 weeks, during the certified period/s the
Employee is entitled to access any paid and/or unpaid personal/carer’s leave entitlements in
accordance with clause 36;
(b) where the pregnancy terminates after the completion of 20 weeks, during the certified period/s
the Employee is entitled to paid special maternity leave not exceeding the amount of paid
parental leave available under clause 41.3 and thereafter, to unpaid special maternity leave.
41.15 Notice and evidence requirements
(a) An Employee must give at least 10 weeks written notice of the intention to take parental leave,
including the proposed start and end dates. At this time, the Employee must also provide a
statutory declaration stating:
(i) that the Employee will become either the Primary Caregiver or Secondary Caregiver of
the Child, as appropriate;
(ii) the particulars of any parental leave taken or proposed to be taken or applied for by the
Employee’s Spouse; and
(iii) that for the period of parental leave the Employee will not engage in any conduct
inconsistent with their contract of employment.
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(b) At least four weeks before the intended commencement of parental leave, the Employee must
confirm in writing the intended start and end dates of the parental leave, or advise the
Employer of any changes to the notice provided in clause 41.15(a), unless it is not practicable
to do so.
(c) The Employer may require the Employee to provide evidence which would satisfy a
reasonable person of:
(i) in the case of birth-related leave, the date of birth of the Child (including without
limitation, a medical certificate stating the date of birth or expected date of birth); or
(ii) in the case of adoption-related leave, the commencement of the placement (or expected
day of placement) of the Child and that the Child will be under 16 years of age as at the
day of placement or expected day of placement.
(d) An Employee will not be in breach of this clause if failure to give the stipulated notice is
occasioned by confinement or placement occurring earlier than the expected date or in other
compelling circumstances. In these circumstances the notice and evidence requirements of
this clause should be provided as soon as reasonably practicable.
41.16 Commencement of parental leave
(a) An Employee who is pregnant may commence Primary Caregiver parental leave at any time
within 16 weeks prior to the expected date of birth of the Child. The period of parental leave
must commence no later than the date of birth of the Child.
(b) In all other cases, Primary Caregiver parental leave commences on the day of birth or
placement of the Child.
(c) Secondary caregiver parental leave may commence up to one week prior to the expected birth
or placement of the child. Where a secondary Caregiver takes additional paid leave in
accordance with clause 41.6, the additional leave will commence on the date the employee
takes on primary responsibilities for the care of the child.
(d) The Employer and Employee may agree to alternative arrangements regarding the
commencement of parental leave.
(e) The period of parental leave for the purpose of calculating an Employee’s maximum
entitlement to paid and unpaid parental leave will commence from the date parental leave
commenced or otherwise no later than the date of birth of the Child, irrespective of when the
Employee elects to use any paid entitlement they may have under this clause.
41.17 Rules for taking parental leave entitlements
(a) Parental leave is to be available to only one parent at a time, except parents may take up to
eight weeks leave concurrently with each other, comprising any paid leave to which the
Employee may be eligible for under clause 41.26 or unpaid, in connection with the birth or
adoption of their Child (Concurrent Leave).
(i) Concurrent Leave may commence one week prior to the expected date of birth of the
Child or the time of placement in the case of adoption.
(ii) Concurrent leave can be taken in separate periods, but each block of concurrent leave
must not be less than 2 weeks, unless the Employer otherwise agrees.
(b) While an Employee’s eligibility for parental leave is determined at the time of birth or
adoption of the Child, the Employee and Employer may agree to permit the Employee to use
the paid leave entitlements outlined in this clause at any time within the first 52 weeks of
parental leave
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(c) Parental leave does not need to be taken in a single continuous period. The Employer and
Employee will agree on the duration of each block of parental leave. The Employer will
consider their operational requirements and the Employee’s personal and family
circumstances in considering requests for parental leave in more than one continuous period.
41.18 Employee Couple – Concurrent Leave
(a) Two Employees covered by this Agreement may take up to eight weeks concurrent leave in
connection with the birth or adoption of their Child.
(b) Concurrent leave may commence one week prior to the expected date of birth of the Child or
the time of placement in the case of adoption.
(c) Concurrent leave can be taken in separate periods, but each block of concurrent leave must
not be less than 2 weeks, unless the Employer otherwise agrees.
41.19 Parental Leave and Other Entitlements
(a) An Employee may in lieu of or in conjunction with parental leave, access any annual leave or
long service leave entitlements which they have accrued subject to the total amount of leave
not exceeding 52 weeks or a longer period as agreed under clause 41.21.
(b) Where a Public Holiday occurs during a period of paid parental leave, the Public Holiday is
not to be regarded as part of the paid parental leave and the Employer will grant the Employee
a day off in lieu, to be taken by the Employee immediately following the period of paid
parental leave.
(c) Upaid parental leave under clauses 41.4, 41.5, 41.21 and 41.25 shall not break an Employee’s
continuity of employment but it will not count as service for leave accrual or other purposes,
with the exception of Long Service Leave.
41.20 Keeping in touch days
(a) During a period of parental leave an Employer and Employee may agree to perform work for
the purpose of keeping in touch in order to facilitate a return to employment at the end of the
period of leave.
(b) Keeping in touch days must be agreed and be in accordance with section 79A of the Fair Work
Act 2009.
41.21 Extending parental leave
(a) Extending the initial period of parental leave
(i) An Employee, who is on an initial period of parental leave of less than 52 weeks under
clause 41.4 or 41.5, may extend the period of their parental leave on one occasion up
to the full 52 week entitlement.
(ii) The Employee must notify the Employer in writing at least four weeks prior to the end
date of their initial parental leave period. The notice must specify the new end date of
the parental leave.
(b) Right to request an extension to parental leave
(i) An Employee who is on parental leave under clause 41.4 or 41.5 may request an
extension of unpaid parental leave for a further period of up to 12 months immediately
following the end of the current parental leave period.
(ii) In the case of an Employee who is a member of an employee couple, the period of the
extension cannot exceed 12 months, less any period of parental leave that the other
member of the Employee couple will have taken in relation to the Child.
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(iii) The Employee’s request must be in writing and given to the Employer at least 4 weeks
before the end of the current parental leave period. The request must specify any
parental leave that the Employee’s spouse will have taken.
(iv) The Employer shall consider the request having regard to the Employee’s
circumstances and, provided the request is based on the Employee’s parental
responsibilities, may only refuse the request on reasonable business grounds.
(v) The Employer must not refuse the request unless the Employer has given the Employee
a reasonable opportunity to discuss the request.
(vi) The Employer must give a written response to the request as soon as practicable, and
no later than 21 days after the request is made. The response must include the details of
the reasons for any refusal.
(c) Total period of parental leave
(i) The total period of parental leave, including any extensions, must not extend beyond
24 months.
(ii) In the case of an Employee Couple, the total period of parental leave for both parents
combined, including any extensions, must not extend beyond 24 months. The
Employee’s entitlement to parental leave under clause 41.4 or 41.5 will reduce by the
period of any extension taken by a member of the couple under clause 41.21.
41.22 Calculation of pay for the purposes of parental leave
(a) The calculation of weekly pay for paid parental leave purposes will be based on the average
number of ordinary hours worked by the Employee over the past three years. The calculation
will exclude periods of unpaid parental leave.
(b) The average number of weekly hours worked by the Employee, determined in accordance
with clause 41.22(a) above, will be then applied to the annual salary applicable to the
Employee’s classification and salary point at the time of taking parental leave to determine
the actual rate of pay whilst on parental leave.
(c) Despite 41.22(a), an Employee who reduces the time fraction they work to better cope during
pregnancy will not have their subsequent paid parental leave reduced accordingly.
(d) Half Pay
The Employee may elect to take any paid parental leave entitlement at half pay for a period
equal to twice the period to which the Employee would otherwise be entitled.
41.23 Employer Superannuation Contributions in respect of Primary Caregiver Parental Leave
An Employee who returns to work at the conclusion of a period of Primary Caregiver parental leave
will be entitled to have superannuation contributions made in respect of the period of the Employee’s
Primary Caregiver parental leave, subject to requirements in clause 29 (Superannuation).
(a) The Trust will pay the superannuation contributions as a lump sum to the Employee’s fund as
provided for in clause 29
(b) The lump sum payment will be made on or before the first superannuation guarantee quarterly
payment due date following the Employee’s return to work at the conclusion of their Primary
Caregiver parental leave.
(c) The quantum of superannuation contributions payable under this clause will be calculated
based on:
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(i) The number of weeks of Primary Caregiver parental leave taken by the Employee,
capped at 52 weeks; and
(ii) The Employee’s pay calculated in accordance with clause 22 of the Agreement; and
(iii) The applicable contribution rate under the Superannuation Guarantee Administration
Act 1992 (Cth) at the time the payment is made.
41.24 Effect of parental Leave on Progression for Primary Caregivers
An Employee who returns to work at the conclusion of a period of Primary Caregiver parental leave
may be entitled to progression steps or amounts forgone as a result of being on parental leave in
accordance with clause 20 (Salary and Classifications).
41.25 Commonwealth Paid Parental Leave
Paid parental leave entitlements outlined in this clause are in addition to any payments which may
be available under the Commonwealth Paid Parental Leave Scheme.
41.26 Returning to Work
(a) Returning to work early
(i) During the period of parental leave an Employee may return to work at any time as
agreed between the Employer and the Employee, provided that time does not exceed
four weeks from the recommencement date desired by the Employee.
(ii) In the case of adoption, where the placement of an eligible child with an Employee does
not proceed or continue, the Employee will notify the Employer immediately and the
Employer will nominate a time not exceeding four weeks from receipt of notification
for the Employee’s return to work.
(b) Returning to work at conclusion of leave
(i) At least four weeks prior to the expiration of parental leave, the Employee will notify
the Employer of their return to work after a period of parental leave.
(ii) Subject to 41.26(b)(iii), an Employee will be entitled to the position which they held
immediately before proceeding on parental leave. In the case of an Employee
transferred to a safe job pursuant to clause 41.13 above, the Employee will be entitled
to return to the position they held immediately before such transfer.
(iii) Where such position no longer exists but there are other positions available which the
Employee is qualified for and is capable of performing, the Employee will be entitled
to a position as nearly comparable in status and pay to that of their former position.
(c) Returning to work at a reduced time fraction
(i) To assist an Employee in reconciling work and parental responsibilities, an Employee
may request to return to work at a reduced time-fraction until their Child reaches school
age, after which the Employee will resume their substantive time-fraction.
(ii) Where an Employee wishes to make a request under 41.26(c)(i) such a request must be
made as soon as possible but no less than seven weeks prior to the date upon which the
Employee is due to return to work from parental leave.
41.27 Lactation Breaks
(a) Employees cannot be discriminated against for breastfeeding or chestfeeding or expressing
milk in the workplace.
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(b) An Employee who wishes to continue to breastfeed or chestfeed after returning to work from
a period of parental leave or keeping in touch days, may take reasonable time during working
hours without loss of pay to do so.
(c) Paid lactation breaks are in addition to normal meal and rest breaks provided for in this
Agreement.
41.28 Consultation and Communication during Parental Leave
(a) Where an Employee is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the Employer shall take reasonable steps to:
(i) make information available in relation to any significant effect the change will have on
the status or responsibility level of the position the Employee held before commencing
parental leave; and
(ii) provide an opportunity for the Employee to discuss any significant effect the change
will have on the status or responsibility level of the position the Employee held before
commencing parental leave.
(b) The Employee shall take reasonable steps to inform the Employer about any significant matter
that will affect the Employee’s decision regarding the duration of parental leave to be taken,
whether the Employee intends to return to work and whether the Employee intends to request
to return to work on a part-time basis.
(c) The Employee shall also notify the Employer of changes of address or other contact details
which might affect the Employer’s capacity to comply with clause 41.28(a).
41.29 Extended Family Leave
(a) An Employee who is the Primary Caregiver and has exhausted all parental leave entitlements
may apply for unpaid Extended Family Leave as a continuous extension to their parental leave
taken in accordance with this clause. The total amount of leave, inclusive of parental leave
taken in accordance with this clause cannot exceed seven years.
(b) The Employee must make an application for Extended Family Leave each year.
(c) An Employee will not be entitled to paid parental leave whilst on Extended Family leave.
(d) Upon return to work the Employer may reallocate the Employee to other duties.
41.30 Replacement Employees
(a) A replacement Employee is an Employee specifically engaged or temporarily acting on higher
duties or transferred, as a result of an Employee proceeding on parental leave.
(b) Before an 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.
(c) The limitation in clause 15.5 on the use of fixed term employment to replace the Employee
does not apply in this case.
41.31 Casual Employees
The Employer must not fail to re-engage a casual Employee because the Employee has accessed
parental leave in accordance with this clause. The rights of the Employer in relation to engagement
and re-engagement of casual Employees are not affected, other than in accordance with this clause.
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42. SURROGACY LEAVE
42.1 Entitlement to Leave
(a) An Employee (excluding a Casual Employee) who has completed at least three months paid
Continuous Service, who enters into a formal surrogacy arrangement on or after 1 July 2020,
which complies with Part 4 of the Assisted Reproductive Treatment Act 2008 (Vic), as the
surrogate, is entitled to access the following leave entitlements:
(b) Pre-Natal leave in accordance with clause 41.7 of the Agreement, and
(c) six weeks of paid leave
42.2 Continuing to work while pregnant
(a) A pregnant employee acting as the surrogate as part of a formal surrogacy arrangement
wanting to work during the six weeks before the birth may be asked to provide a medical
certificate stating they are fit for work and whether there are any risks in connection to their
duties.
(b) An Employee who fails to provide a requested medical certificate within seven days or
provides one which states they are unfit for work may be required to commence surrogacy
leave.
42.3 Transfer to safe job
(a) If an Employee provides a medical certificate stating they are fit for work but it is inadvisable
for the Employee to continue in their present duties because of risks or illness the Employee
is entitled to be transferred to an appropriate safe job that has the same, or other agreed
ordinary hours of work with no other changes to the Employee’s terms and conditions.
(b) If no appropriate safe job is available the Employee is entitled to take paid or unpaid (if not
eligible for parental leave) ‘No Safe Job Leave’.
42.4 Commencement of Surrogacy Leave
(a) An Employee who is pregnant as a result of acting as a surrogate may commence paid
Surrogacy Leave at any time within 6 weeks prior to the expected date of birth of the Child.
Otherwise, the period of parental leave must commence no later than the date of birth of the
Child, unless agreed with the Trust.
(b) Unless otherwise agreed, any entitlement to paid surrogacy leave will be paid from the date
of commencement of Surrogacy Leave.
42.5 Surrogacy Leave and other entitlements
An Employee may access, in conjunction with Surrogacy Leave, any other paid or unpaid
entitlements available under this Agreement with the approval of the Trust.
42.6 Personal/Carer’s Leave
A pregnant Employee, not then on Surrogacy Leave, who is suffering from an illness whether related
or not to the pregnancy, may take any paid and/or unpaid personal/carer’s leave in accordance with
clause 51.
42.7 Special Surrogacy Leave
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(a) Where the pregnancy of an Employee not then on parental leave terminates other than by the
birth of a living child, the Employee may take leave for such periods as a registered medical
practitioner certifies as necessary, as follows:
(i) where the pregnancy terminates during the first 20 weeks, during the certified period/s
the Employee is entitled to access any paid and/or unpaid personal/carer’s leave
entitlements in accordance with clause 36;
(ii) where the pregnancy terminates after the completion of 20 weeks, during the certified
period/s the Employee is entitled to paid special surrogacy leave not exceeding the
amount of paid surrogacy leave available under this clause 42.1.
42.8 Public holidays during a period of paid surrogacy leave
Where a Public Holiday occurs during a period of paid surrogacy leave, the Public Holiday is not to
be regarded as part of the paid surrogacy leave and the Trust will grant the Employee a day off in
lieu, to be taken by the Employee immediately following the period of paid surrogacy leave.
42.9 Notice and Evidentiary Requirements
(a) An Employee must provide 10 weeks’ written notice to the Trust of their intention to take
Surrogacy Leave. The notification should include a Statutory Declaration which specifies:
(i) the intended start and end dates of the leave, and
(ii) if known, any other leave the Employee seeks approval to take in conjunction with their
Surrogacy Leave, and
(iii) for the period of surrogacy leave the Employee will not engage in any conduct
inconsistent with their contract of employment.
(b) The Trust may also require the Employee to provide documentary evidence confirming:
(i) the expected date of birth of the Child, and
(ii) the formal surrogacy arrangement, which complies with Part 4 of the Assisted
Reproductive Treatment Act 2008 (Vic).
(c) The Employee must confirm these details at least 4 weeks prior to the commencement of the
proposed period of Surrogacy leave.
43. FOSTER AND KINSHIP CARE LEAVE
43.1 An Employee who provides short-term foster or kinship care as the primary caregiver to a Child who
cannot live with their parents as a result of an eligible child protection intervention is entitled to up
to two days paid leave on up to five occasions per calendar year to be taken at the time the placement
of the child with the Employee commences.
43.2 For the purposes of this clause Foster and Kinship Care includes:
(a) Foster Caring, which is the temporary care of a child of up to 18 years of age on a short-term
basis by an Employee who is an accredited foster carer.
(b) Kinship Care, which is temporary care provided by an Employee who is a relative or a member
of the child's social network when the child cannot live with their parents.
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(c) Aboriginal Kinship Care, which is temporary care provided by an Employee who is a relative
or friend of an Aboriginal child who cannot live with their parents, where Aboriginal family
and community and Aboriginal culture are valued as central to the child’s safety, stability and
development.
43.3 Eligible child protection interventions include emergency respite and short-term or long-term
placements on a non-permanent basis, as issued by the Victorian Department of Health and Human
Services, the Children’s Court or other similar federal, state or judicial authority.
43.4 Subject to the approval of the Trust, the paid leave provided in this clause may be used in conjunction
with any other paid or unpaid leave entitlements the Employee may be eligible for under this
Agreement.
43.5 In the case of foster carers, one occasion totalling up to two days duration may be used for
accreditation purposes, including attending compulsory interviews or training.
43.6 The Trust may require the Employee to provide reasonable evidence to satisfy themselves of the
Employee’s entitlement to leave under this provision.
44. GENDER TRANSITION LEAVE
44.1 The Trust encourages a culture that is supportive of transgender and gender diverse Employees and
recognises the importance of providing a safe environment for Employees undertaking gender
transition.
44.2 Gender Transition refers to the process where a transgender Employee commences living as a
member of another gender. This is sometimes referred to ‘affirming’ their gender. This may occur
through medical, social or legal changes.
44.3 Employees may give effect to their transition in a number of ways and are not required to be
undergoing specific types of changes, such as surgery, to access leave under this clause.
44.4 Amount of gender transition leave
(a) An Employee (other than a Casual Employee) who commences living as a member of another
gender is entitled Gender Transition Leave for the purpose of supporting the Employee’s
transition. Gender Transition Leave will comprise:
(i) up to 4 weeks (20 days) paid leave for essential and necessary gender affirmation
procedures, and
(ii) up to 48 weeks of unpaid leave.
(b) The Gender Transition Leave entitlements outlined in clause 44.4(a) are available to be taken
by the Employee within the first 52 weeks after they commence living as a member of another
gender.
(c) Essential gender affirmation procedures may include:
(i) medical or psychological appointments, or
(ii) hormonal appointments, or
(iii) surgery and associated appointments, or
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(iv) appointments to alter the Employee’s legal status or amend the Employee’s gender on
legal documentation, or
(v) any other similar necessary appointment or procedure to give effect to the Employee’s
transition as agreed with the Trust.
(d) An Employee who is entitled to unpaid Gender Transition Leave may, in conjunction with all
or part of that leave utilise accrued Annual or Long Service Leave, provided that the combined
total of all paid and unpaid leave taken does not exceed 52 continuous weeks.
(e) Gender Transition Leave may be taken as consecutive, single or part days as agreed with the
Trust.
(f) Leave under this clause will not accrue from year to year and cannot be cashed out on
termination of employment.
44.5 Gender Transition Leave – Casual Employees
Casual Employees are entitled to access unpaid leave of up to 52 continuous weeks duration for
gender transition purposes.
44.6 Notice and evidence requirements
(a) An Employee seeking to access Gender Transition Leave must provide the Trust with at least
4 weeks’ written notice of their intended commencement date and expected period of leave,
unless otherwise agreed by the Trust.
(b) An Employee seeking to access Gender Transition Leave may be required to provide suitable
supporting documentation or evidence of their attendance at essential gender affirmation
procedures. This may be in the form of a document issued by a registered practitioner, a
lawyer, or a State, Territory or Federal government organisation, statutory declaration or other
suitable supporting documentation.
(c) For the purpose of this clause, Registered Practitioner has the same meaning as set out in
clause 36.4.
45. ALCOHOL, DRUG, OR PROBLEM GAMBLING REHABILITATION
45.1 An Employee, other than a casual Employee, may be granted leave with or without pay to undertake
an approved rehabilitation program where the Employer is satisfied that:
(a) the Employee's work performance is adversely affected by the misuse of drugs or alcohol or
problem gambling;
(b) the Employee is prepared to undertake a course of treatment designed for the rehabilitation of
persons with alcohol, drug or gambling related problems; and
(c) in the case of an alcohol or drug addiction, a registered medical practitioner has certified that
in their opinion the Employee is in need of assistance because of their misuse of alcohol or
drugs and that the Employee is suitable for an approved rehabilitation program, or
(d) in the case of problem gambling the Employee satisfies the eligibility criteria for entry into an
approved problem gambling rehabilitation program.
45.2 On production of proof of attendance at an approved rehabilitation program in accordance with
clause 45.1, an Employee may be granted leave as follows:
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45.3 An Employee who has completed 2 years' continuous or aggregate service and who has exhausted
all other accrued leave entitlements may be granted leave with pay up to the maximum number of
days specified below:
Years of Service First Year of
Program
Subsequent Years of Program
2 years 20 days 15 days
3 years 27 days 20 days
4 years 33 days 25 days
5 or more years 40 days 30 days
45.4 An Employee who has completed less than two years continuous or aggregate service may be granted
leave without pay for the purposes of attending an approved rehabilitation program.
46. CULTURAL AND CEREMONIAL LEAVE
46.1 The Trust may approve attendance during working hours by an Employee of Aboriginal or Torres
Strait Islander descent at any Aboriginal community organisations at which the election of office
bearers will occur.
46.2 The Trust may grant an Employee of Aboriginal or Torres Strait Islander descent accrued annual or
other leave to attend Annual General Meetings of Aboriginal community organisations at which the
election of office bearers will occur.
46.3 Ceremonial leave will be granted to an Employee of Aboriginal or Torres Strait Islander decent for
ceremonial purposes:
(a) connected with the death of a member of the immediate family or extended family (provided
that no employee shall have an existing entitlement reduced as a result of this clause); or
(b) for other ceremonial obligations under Aboriginal or Torres Strait Islander lore.
46.4 Where ceremonial leave is taken for the purpose outlined in clause 46.3, up to three days in each
year of employment will be with pay. Paid ceremonial leave will not accrue from year to year and
will not be paid out on termination of the employment of the Employee.
46.5 Ceremonial leave granted under this clause is in addition to leave granted under clause 36.
47. COMMUNITY SERVICE LEAVE
47.1 Jury Service
(a) If any Employee is required to appear and serve as a juror under the Juries Act 2000, they are
entitled to leave with pay for the period during which their attendance at court is required
subject to the production of satisfactory evidence of such attendance.
(b) Any compensation paid to the Employee in accordance with the Juries Act 2000 for serving
as a juror during their ordinary hours of work must be repaid to the Employer, with reasonable
expenses actually incurred over and above those which the Employee would normally incur
being offset against this amount.
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47.2 Blood Donations
Staff volunteering to donate blood at the nearest Red Cross collection centre, shall be entitled to
leave with pay for the period during which their attendance is required.
47.3 Leave to Engage in Voluntary Emergency Management Activities
(a) An Employee who engages in a voluntary emergency management activity with a recognised
emergency management body that requires the attendance of the Employee at a time when the
Employee would otherwise be required to be at work is entitled to leave with pay for:
(i) time when the Employee engages in the activity;
(ii) reasonable travelling time associated with the activity; and
(iii) reasonable rest time immediately following the activity.
(b) The Employee must advise the Employer as soon as reasonably practicable if the Employee
is required to attend a voluntary emergency management activity and must advise the
Employer of the expected or likely duration of the Employee’s attendance. The Employee
must provide a certificate of attendance or other evidence of attendance as reasonably
requested by the Employer.
(c) Recognised emergency management bodies include but are not limited to, the Country Fire
Authority, Red Cross, State Emergency Service and St John Ambulance.
(d) An Employee who is required to attain qualifications or to requalify to perform activities in
an emergency management body must be granted leave with pay for the period of time
required to fulfil the requirements of the training course pertaining to those qualifications,
provided that such training can be undertaken without unduly affecting the operations of the
Employer.
47.4 Municipal Council Leave
(a) An employee who is a municipal councillor, mayor or shire president may be granted leave
with full pay to participate in local government activities up to the following limits, provided
that no undue inconvenience is caused to the operational requirements of the Trust:
(i) Mayor or Shire President - three hours a week or six hours a fortnight,
(ii) Councillor – three hours a fortnight, or six hours a month.
(b) Leave granted under this clause shall be included as service for the purpose of annual, sick
and long service leave.
47.5 Defence Reserve Leave
(a) An Employee required to complete Defence Reserve service may be granted leave up to a
maximum period of 78 weeks’ continuous service.
(b) The Employee will consult with the Employer regarding the proposed timing of the service
and will give the Employer as much notice as is possible of the time when the service will
take place.
(c) Where the base salary excluding allowances received by the Employee from the Australian
Defence Force or Defence Reserve service during their ordinary hours of work is below the
Employee’s salary, the Employer will, unless exceptional circumstances arise, pay to the
Employee make-up pay for the period of Defence Reserve service.
47.6 Military Service Sick Leave
(a) Where the Employer is satisfied that an illness of an Employee with at least six months paid
continuous service is directly attributable to, or is aggravated by, service recognised under the
Veterans’ Entitlements Act 1986 (Cth), including:
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(i) operational service; or
(ii) peacekeeping service; or
(iii) hazardous service,
(b) the Employee will be credited with 114 hours special leave with pay for each year of service
with Trust for Nature from the conclusion of the Employee’s operational, peacekeeping or
hazardous service.
(c) Leave under this clause will be cumulative to a maximum of 760 hours.
(d) This leave is in addition to personal leave under clause 36.
(e) The Employer may require the Employee to provide evidence of the existence of the illness
and its relationship to service from a Registered Practitioner as specified in clause 36.4.
(f) For each period of special leave taken, the Employee must comply with the notice and
evidence requirements outlined in clause 36.
47.7 Infectious Diseases/Dangerous Medical Conditions
(a) Upon report by a registered medical practitioner that by reason of contact with a person
suffering from an infectious disease and through the operation of restrictions imposed by law
in respect of such disease, an employee is unable to attend work, the Employer shall grant the
Employee special leave of absence with pay. The period of leave must not be for any period
beyond the earliest date at which it would be practicable for the Employee to return to work
having regard to the restrictions imposed by law.
(b) Where the Employer reasonably believes that the Employee is in such state of health as to
rend the Employee a danger to themselves or other Employees, the Employer may require the
Employee to absent themself from the workplace until the Employee obtains and provides to
the Employer a report from a registered medical practitioner.
(c) Upon receipt of the medical report, the Employer may direct the Employee to be absent from
duty for a specified period or, if already on leave, direct such Employee to continue on leave
for a specified period. Any such absence of an Employee must be regarded as sick leave.
48. OTHER LEAVE
48.1 Training Leave
The Employer will approve leave at its discretion for five paid days in any calendar year, for training
and development of all Employees, which includes the development of the human resource and
industrial relations skills for Employees in leadership and union representation positions.
48.2 Study Leave
(a) Employees may apply for paid leave to attend an accredited course of study at an educational
institution or registered training organisation which will enhance their performance skills and
knowledge in an area relevant to their employment.
(b) An Employee may be granted sufficient paid leave to enable travel and attendance of up to
one day of classroom activity or related project work per week for full time Employees, and
pro-rata for part-time Employees in an appropriate course.
(c) Provided that in the case of short courses, seminars or professional development or micro
credentialing, the Trust may grant additional leave with or without pay as it considers
necessary.
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(d) An Employee may be granted up to one day paid leave as pre-examination leave and sufficient
paid leave to attend examinations where the examinations are part of the course of study for
which leave has been approved.
(e) An Employee completing an accredited course through the submission of major project work
may be entitled to two days leave for the purposes of finalising such project work.
(f) Any application for such leave will be dealt with on a case by case basis and if granted will
be dependent on satisfactory completion of subjects.
48.3 Leave Without Pay
(a) An Employee may be granted leave without pay by the Trust for any purpose.
(b) Unless otherwise provided for in this Agreement, leave without pay shall not break the
Employee’s continuity of employment but leave without pay will not count as service for
leave accrual or other purposes.
PART 7 – OCCUPATIONAL HEALTH AND SAFETY
49. OCCUPATIONAL HEALTH & SAFETY AND REHABILITATION
49.1 Objectives
(a) This Agreement acknowledges and supports the rights of Employees to work in an
environment, which is, so far as is practicable, safe and without risks to health. The Parties
are committed to the promotion of a joint and united approach to consultation and resolution
of Occupational Health and Safety (OH&S) issues.
(b) The Agreement commits the Parties to improving health and safety with a view to improving
workplace efficiency and productivity. This will be accomplished through the ongoing
development, in consultation with Employees and their health and safety representatives, of
management systems and procedures designed to, so far as is practicable to:
(i) identify, assess and control workplace hazards;
(ii) reduce the incidence and cost of occupational injury and illness;
(iii) identify and appropriately manage work and work practices which impact on OH&S;
(iv) provide a rehabilitation system for Employees affected by occupational injury or
illness; and
(v) consider the impact of changes to work practices and staffing on occupational health
and safety.
(c) OH&S statutory requirements, including regulations and codes of practice/compliance codes,
are minimum standards and will be improved upon where practicable.
49.2 OH&S consultation
The OH&S committee must operate within the requirements of the Occupational Health and Safety
Act 2004 (Vic). A CPSU Workplace representative may attend local OH&S Committee meetings
(by giving notice) from time to time.
49.3 OH&S training
(a) Workplace training programs, including induction and on-the-job training will outline
relevant details of OH&S policies and procedures.
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(b) The contents of OH&S training programs will outline the OH&S roles and responsibilities of
Employees, managers and supervisors, OH&S policies and procedures, particular hazards
associated with their workplaces, control measures applicable to each hazard, and how to
utilise OH&S systems to identify hazards and instigate preventative action.
49.4 Bullying and violence at work
The Parties to this Agreement are committed to working together to reduce bullying and
occupational assault so far as is practicable in the workplace.
49.5 Employee support & debriefing
(a) The Employer will provide support and debriefing to Employees who have experienced a
“critical incident” during the course of the work that results in personal distress. The Employer
is committed to assisting the recovery of Employees experiencing normal distress following
a critical incident with the aim of returning Employees to their pre-incident level of
functioning as soon as possible.
(b) A critical incident is defined as an event outside the range of usual human experience which
has the potential to easily overcome a person's normal ability to cope with stress. It may
produce a negative psychological response in an Employee who was involved in or witnessed
such an incident.
(c) Critical incidents in the workplace environment include, but are not limited to:
aggravated assaults;
robbery;
suicide or attempted suicide;
murder;
sudden or unexpected death;
hostage or siege situations;
discharge of firearms;
vehicle accidents involving injury and/or substantial property damage;
acts of self harm by persons in the care of others;
industrial accidents involving serious injury or fatality; and
any other serious accidents or incidents.
50. ACCIDENT COMPENSATION
50.1 An Employee who is absent from duty as a result of sustaining an injury in respect of which the
Employee is entitled to current weekly earnings under the Workplace Injury Rehabilitation and
Compensation Act 2013 will receive make-up pay equal to the salary the Employee would have
received for paid leave less the amount of the weekly payments of compensation ("Make-up Pay").
50.2 Payment – maximum entitlement
42.2.1 The Employer will continue to provide accident make-up pay to the Employee for a
period of 52 weeks, or an aggregate of 261 working days, or an aggregate of 1984 hours,
unless employment ceases.
42.2.2 An entitlement to accident make-up pay will cease at the end of a period of 52 weeks, or
an aggregate of 261 working days, or an aggregate of 1984 hours or when employment
Trust for Nature Enterprise Agreement 2021
64
ceases or when the benefits payable under the Accident Compensation Act 1985 (Vic)
cease.
42.2.3 The Employer may grant the Employee leave without pay where an entitlement to
accident make-up pay has ended.
50.3 For the avoidance of doubt, an Employee may, with the Employer’s consent, take annual leave or
long service leave whilst receiving accident make up pay.
51. REDEPLOYMENT & REDUNDANCY
The Victorian Government’s policy in relation to public sector redeployment and redundancy is set out in the
Public Sector Industrial Relations Policies 2015. The policy applies to the Trust of Nature, but does not form
part of this Agreement
Trust for Nature Enterprise Agreement 2021
65
SIGNATORIES TO THE AGREEMENT
TRUST FOR NATURE
Signature
Title Victoria Marles, Chief Executive Officer
Date 26-April-2022
Address Level 5, 379 Collins Street, Melbourne VIC 3000
In the Presence of
Date 26-April-2022
Rachel Smith
COMMUNITY AND PUBLIC SECTOR UNION (SPSF GROUP)
Signature
Title Wayne Townsend, Victorian Branch Assistant Secretary
Date 26-April-2022
Address Level 4, 128 Exhibition Street Melbourne VIC 3000
In the Presence of
Marian McKeown Date 26-April-2022
Valerie Montes
WC Townsend
Trust for Nature Enterprise Agreement 2021
66
SCHEDULE A: SALARIES 1 January 2022
2.00% 2.00% 2.00% 2.00%
Classification 0l-Jan-22 0l-Jan-23 0l-Jan-24 0l-Jan-25
Grade 1 Base 1.1.1 $47,234 $48,1 79 $49,143 $50,126
Progression Step 1.1.2 $47,936 $48,895 $49,873 $50,870
1.1.3 $48,984 $49,964 $50,963 $51,982
1.1.4 $50,033 $51,034 $52,055 $53,096
1.1.5 $51,082 $52,1 04 $53,1 46 $54,209
1.1.6 $52,1 28 $53,1 71 $54,234 $55,319
1.1.7 $53,1 78 $54,242 $55,327 $56,434
1.1.8 $54,225 $55,310 $56,416 $57,544
Grade 2.1 Base 2.1.1 $55,975 $57,095 $58,237 $59,402
Progression Step 2.1.2 $57,110 $58,252 $59,417 $60,605
2.1.3 $58,247 $59,412 $60,600 $61,812
2.1.4 $59,386 $60,574 $61,785 $63,021
2.1.5 $60,520 $61,730 $62,965 $64,224
2.1.6 $61,657 $62,890 $64,1 48 $65,431
2.1.7 $62,791 $64,047 $65,328 $66,635
2.1.8 $63,929 $65,208 $66,512 $67,842
Grade 2.2 Base 2.2.1 $65,064 $66,365 $67,692 $69,046
Progression Step 2.2.2 $66,200 $67,524 $68,874 $70,251
2.2.3 $67,337 $68,684 $70,058 $71,459
2.2.4 $68,473 $69,842 $71,239 $72,664
2.2.5 $69,607 $70,999 $72,419 $73,867
2.2.6 $70,747 $72,162 $73,605 $75,077
2.2.7 $71,883 $73,321 $74,787 $76,283
Grade 3.1 Base 3.1.1 $73,452 $74,921 $76,419 $77,947
Progression Step 3.1.2 $75,029 $76,530 $78,061 $79,622
3.1.3 $76,600 $78,1 32 $79,695 $81,289
3.1.4 $78,1 73 $79,736 $81,331 $82,958
3.1.5 $79,748 $81,343 $82,970 $84,629
3.1.6 $81,322 $82,948 $84,607 $86,299
Grade 3.2 Base 3.2.1 $82,893 $84,551 $86,242 $87,967
Progression Step 3.2.2 $84,469 $86,1 58 $87,881 $89,639
3.2.3 $86,040 $87,761 $89,516 $91,306
3.2.4 $87,612 $89,364 $91,151 $92,974
3.2.5 $89,187 $90,971 $92,790 $94,646
2.00% 2.00% 2.00% 2.00% Classification 01-Jan-22 01-Jan-23 01-Jan-24 01-Jan-25 Grade 1 Base 1.1.1 $47,234 $48.179 $49,143 $50,126 Progression Step 1.1.2 $47,936 $48,895 $49,873 $50,870 1.1.3 $48,984 $49,964 $50,963 $51,982 1.1.4 $50,033 $51,034 $52,055 $53,096 1.1.5 $51,082 $52,104 $53,146 $54,209 1.1.6 $52,128 $53,171 $54,234 $55,319 1.1.7 $53,178 $54,242 $55,327 $56,434 1.1.8 $54,225 $55,310 $56,416 $57,544 Grade 2.1 Base 2.1.1 $55,975 $57,095 $58,237 $59,402 Progression Step 2.1.2 $57,110 $58,252 $59,417 $60,605 2.1.3 $58,247 $59,412 $60,600 $61,812 2.1.4 $59,386 $60,574 $61,785 $63,021 2.1.5 $60,520 $61,730 $62,965 $64,224 216 $61,657 $62,890 $64,148 $65,431 2.1.7 $62,791 $64,047 $65,328 $66,635 2.1.8 $63,929 $65,208 $66,512 $67,842 Grade 2.2 Base 2.2.1 $65.064 $66,365 $67.692 $69,046 Progression Step 2.2.2 $66,200 $67,524 $68,874 $70,251 2.2.3 $67,337 $68,684 $70,058 $71,459 2.2.4 $68,473 $69,842 $71,239 $72,664 2.2.5 $69,607 $70,999 $72,419 $73,867 2.2.6 $70,747 $72,162 $73,605 $75,077 2.2.7 $71,883 $73,321 $74,787 $76,283 Grade 3.1 Base 3.1.1 $73,452 $74,921 $76,419 $77,947 Progression Step 3.1.2 $75,029 $76,530 $78,061 $79,622 3.1.3 $76,600 $78,132 $79,695 $81.289 3.1.4 $78,173 $79,736 $81,331 $82,958 3.1.5 $79,748 $81,343 $82,970 $84,629 3.1.6 $81,322 $82,948 $84,607 $86,299 Grade 3.2 Base 321 $82,893 $84,551 $86,242 $87.967 Progression Step 3.2.2 $84,469 $86,158 $87,881 $89,639 3.23 $86,040 $87,761 $89,516 $91,306 3.2.4 $87,612 $89,364 $91,151 $92,974 3.2.5 $89,187 $90,971 $92,790 $94,646
Trust for Nature Enterprise Agreement 2021
67
2.00% 2.00% 2.00% 2.00%
Classification 0l-Jan-22 0l-Jan-23 0l-Jan-24 0l-Jan-25
Grade 4 Base 4.1.1 $90,936 $92,755 $94,610 $96,502
Progression Step 4.1.2 $92,975 $94,835 $96,732 $98,667
4.1.3 $95,016 $96,916 $98,854 $100,831
4.1.4 $97,056 $98,997 $100,977 $102,997
4.1.5 $99,096 $101,078 $103,100 $105,162
4.1.6 $101,138 $103,161 $105,224 $107,328
4.1.7 $103,1 75 $105,239 $107,344 $109,491
Grade 5.1 Base 5.1.1 $104,922 $107,020 $109,160 $111,343
Progression Step 5.1.2 $108,070 $110,231 $112,436 $114,685
5.1.3 $111,219 $113,443 $115,712 $118,026
5.1.4 $114,365 $116,652 $118,985 $121,365
5.1.5 $115,936 $118,255 $120,620 $123,032
Grade 5.2 Base 5.2.1 $115,937 $118,256 $120,621 $123,033
Progression Step 5.2.2 $119,085 $121,467 $123,896 $126,374
5.2.3 $122,232 $124,677 $127,171 $129,714
5.2.4 $125,379 $127,887 $130,445 $133,054
5.2.5 $128,527 $131,098 $133,720 $136,394
Grade 6.1 Base 6.1.1 $128,699 $131,273 $133,898 $136,576
Progression Step 6.1.2 $132,671 $135,324 $138,030 $140,791
6.1.3 $136,642 $139,375 $142,163 $145,006
6.1.4 $140,615 $143,427 $146,296 $149,222
6.1.5 $144,589 $147,481 $150,431 $153,440
6.1.6 $148,560 $151,531 $154,562 $157,653
6.1.7 $150,461 $153,470 $156,539 $159,670
Progression Amount 6.1 $3,973 $4,052 $4,133 $4,216
Grade 6.2 Base 6.2.1 $150,462 $153,471 $156,540 $159,671
Progression Step 6.2.2 $154,436 $157,525 $160,676 $163,890
6.2.3 $158,409 $161,577 $164,809 $168,105
6.2.4 $162,380 $165,628 $168,941 $172,320
6.2.5 $166,354 $169,681 $173,075 $176,537
6.2.6 $170,325 $173,732 $177,207 $180,751
Top 6.2.7 $172,223 $175,667 $179,180 $182,764
Grade 7.1 Base 7.1 $174,807 $178,303 $181,869 $185,506
Progression Amount $6,522 $6,652 $6,785 $6,921
Top $195,783 $199,699 $203,693 $207,767
Grade 7.2 Base 7.2 $195,786 $199,702 $203,696 $207,770
Top $216,759 $221,094 $225,516 $230,026
Grade 7.3 Base 7.3 $216,760 $221,095 $225,517 $230,027
Top $237,734 $242,489 $247,339 $252,286
2.00% 2.00% 2.00% 2.00% Classification 01-Jan-22 01-Jan-23 01-Jan-24 01-Jan-25 Grade 4 Base 4.1.1 $90,936 $92,755 $94,610 $96,502 Progression Step 1.1.2 $92,975 $94,835 $96,732 $98,667 .1.3 $95,016 $96,916 $98,854 $100,831 4.1.4 $97,056 $98,997 $100,977 $102,997 4.1.5 $99,096 $101,078 $103,100 $105,162 4.1.6 $101,138 $103,161 $105,224 $107,328 4.1.7 $103,175 $105,239 $107,344 $109,491 Grade 5.1 Base 1.1 $104,922 $107,020 $109,160 $111,343 Progression Step 5.1.2 $108,070 $110,231 $112,436 $114,685 5.1.3 $111,219 $113,443 $115,712 $118,026 5.1.4 $114,365 $116,652 $118,985 $121,365 5.1.5 $115,936 $118,255 $120,620 $123,032 Grade 5.2 Base 5.2. $115,937 $118,256 $120,621 $123,033 Progression Step 5.2.2 $119,085 $121,467 $123,896 $126,374 5.2.3 $122,232 $124,677 $127,171 $129,714 5.2.4 $125,379 $127,887 $130,445 $133,054 5.2.5 $128,527 $131,098 $133,720 $136,394 Grade 6.1 Base 6.1.1 $128,699 $131,273 $133,898 $136,576 Progression Step 6.1.2 $132,671 $135,324 $138,030 $140,791 6.1.3 $136,642 $139,375 $142,163 $145,006 6.1 .- $140,615 $143,427 $146,296 $149,222 6.1.5 $144,589 $147,481 $150,431 $153,440 6.1.6 $148,560 $151,531 $154,562 $157,653 6.1.7 $150,461 $153,470 $156,539 $159,670 Progression Amount 5.1 $3,973 $4.052 $4,133 $4,216 Grade 6.2 Base 6.2.1 $150,462 $153,471 $156,540 $159,671 Progression Step 5.2.2 $154,436 $157,525 $160,676 $163,890 6.2.3 $158,409 $161,577 $164,809 $168,105 6.2.4 $162,380 $165,628 $168,941 $172,320 6.2.5 $166,354 $169,681 $173,075 $176,537 6.2.6 $170,325 $173,732 $177,207 $180,751 Top 6.2. $172,223 $175,667 $179,180 $182,764 Grade 7.1 Base 7.1 $174,807 $178,303 $181,869 $185,506 Progression Amount $6,522 $6.652 $6,785 $6,921 Top $195,783 $199,699 $203,693 $207,767 Grade 7.2 Base 7.2 $195,786 $199,702 $203,696 $207,770 Top $216,759 $221,094 $225,516 $230,026 Grade 7.3 Base 7.3 $216,760 $221,095 $225,517 $230,027 Top $237,734 $242,489 $247,339 $252,286
68
SCHEDULE B – VPS NON-EXECUTIVE CAREER STRUCTURE CLASSIFICATION AND VALUE RANGE
STANDARD DESCRIPTORS
Grade 1 Grade 2 Grade 3 Grade 4
VR 1 VR 2 VR 1 VR 2
Decision Making 1.1A 2.1A 2.2A 3.1A 3.2A 4.1A
Accountability and
Frameworks
Undertakes specific and
defined tasks within
established rules under close
supervision, defined as:
Clear and detailed
instructions are
provided; tasks are
covered by standard
procedures;
Deviation from
procedures or unfamiliar
situations are referred to
higher levels; and
Work is regularly
checked
Influences own daily work
priorities and schedules under
direction of supervisor
Accountable for accuracy and
timeliness of outputs
Applies rules, processes and
standards under general
supervision
Plans and prioritises own work
program to achieve defined
targets
Changes own work program,
which may impact on the
operations of the work area
Selects from a range of
accepted options established by
rules, processes, and standards
Makes decisions that may have
significant impact on clients
Team leadership may be
exercised where appropriate
to the role
Exercises professional
judgement about the
application of rules, or the
selection of choices within
guidelines
Resolves local operational
service delivery problems
within guidelines
Reviews decisions,
assessments and
recommendations from less
experienced team members
Determines the work
organisation of the work area
Analysis and advice
contributes to decision
making by others
Manages budget and
resources for the work area
Sets local precedents regarding
the application of guidelines
Provides guidance for others in
the work area and/ or related
areas
Develops guidelines within
the work area
Resolves operational service
delivery problems consistent
with program objectives
Interprets and applies
business plans and policies to
own area of responsibility
Advice and analysis
contributes to policy
formulation
69
Grade 1 Grade 2 Grade 3 Grade 4
VR 1 VR 2 VR 1 VR 2
Innovation and
Originality
The focus is on maintaining
existing systems and
processes
Identifies opportunities to
improve own efficiency and
suggests these to supervisor
Judgement is required to solve
problems arising in own work
program
Takes initiative to recommend
improved processes in
immediate work area
Creatively deals with problems
within the work area
Initiates improvements to
procedures within the work
area
Assesses and responds to
policy and process changes in
the work area
Identifies and applies
developments within
professional field to problem
solving within the work area
Innovative thinking is an
inherent feature of the job
Defines the appropriate
methodology in the analysis
of policy or research options
70
Grade 1 Grade 2 Grade 3 Grade 4
VR 1 VR 2 VR 1 VR 2
Communication 1.1B
Provides and receives routine
information
Communication is mainly
focused on routine issues that
may require an understanding
of the operational context
2.1B
Explains rules, procedures and
operational policies to
individual clients or colleagues
Presents routine information to
small groups and provides
feedback to organisation
Draft routine internal reports
and correspondence
Liaises with stakeholders,
clients and external providers
of goods and services
Suggests alternative
approaches to clients or
stakeholders
Understands procedures for
effectively dealing with people
exhibiting challenging
behaviours
2.2B
Conducts formal community
information sessions and
consultative process involving
small groups or participates in a
similar process in larger groups
Uses persuasion skills in
dealing with an individual
client, colleague, service
provider or the like
3.1B
May lead a team through
activities including individual
and team performance
management and
development
Explains concepts and
policies to clients,
stakeholders and staff
Plans, leads and facilitates
information sessions and
consultative processes in a
range of settings
Prepares briefs on sensitive
issues for consideration of
others
Draft public communication
documents
Communicates issues and
advocates a preferred case or
option to stakeholders
Communicate professional/
technical concepts and advice
Provides communication
guidance to less experienced
colleagues
Uses persuasion, advocacy,
negotiation and motivation
skills with clients, providers,
staff, peers and managers
3.2B
Plan, lead and facilitate
consultative processes in a
range of settings involving
more difficult or sensitive
issues
Prepares complex operational
reports
requiring in-depth factual
analysis
4.1B
Conveys specialist concepts
and policies to clients, staff
and stakeholders
Prepares reports, briefs and
correspondence on complex
issues that impact at program
or organisational level
Develops and implements
operational communication
and consultation strategies on
specific projects
Applies negotiation
persuasion and motivation
skills to manage staff and
stakeholders
71
Grade 1 Grade 2 Grade 3 Grade 4
VR 1 VR 2 VR 1 VR 2
Knowledge and
Proficiency
1.1C
Focus is on learning,
developing and refining work
skills
Requires knowledge of
equipment and tools to
perform routine tasks,
experiments and procedures,
and develops practical
application of these skills
Requires understanding of
general office work routines
and procedures
Acquire and apply
proficiency in standard office
equipment and computer
applications
2.1C
Understands and applies
theoretical principles, under
supervision, to achieve defined
outcomes
Develops knowledge of
established techniques and
organisational processes
Proficient in use of software or
technical equipment
Knowledge of legislation,
regulations, policies and
processes relevant and specific
to the role
2.2C
Uses theoretical knowledge
under supervision to
achieve defined outcomes
in a variety of work
situations
Local reference point in
operational processes and
procedures
3.1C
Uses theoretical knowledge to
achieve agreed outcomes in
moderately complex work
situations
Authoritative in application
of processes and policy
relevant to the work unit
Knowledge of relevant
legislation, regulations,
policies and processes
3.2C
Adapts theoretical knowledge
based on practical experience
and/or understanding of current
issues in the field
Applies understanding of
interrelationships between
stakeholders and/or other work
units to achieve local
objectives
4.1C
Researches and applies
advanced theoretical
knowledge in a specialised
field to operational problem
solving
Applies sound theoretical and
practical expertise in
development of policy
options
Authoritative in application
of processes
72
Grade 1 Grade 2 Grade 3 Grade 4
VR 1 VR 2 VR 1 VR 2
Policy and Projects 1.1D
Provides administrative
support to policy and projects,
consistent with the support
elements described in 1.1B
2.1D
Drafts minutes and action
plans for consideration by
others
Collects data, undertakes basic
analysis and prepares simple
reports
2.2D
Undertakes research specified
by others, including data
analysis
Administers routine projects
under direction or coordinates
project steps
Contributes to operational
service delivery policy
development
3.1D
Researches issues and
prepares draft reports and
briefings within a project plan
or policy framework set by
others
Conducts projects of defined
scope under direction
Obtains, summarises and
reports on stakeholder views
3.2D
Plans and conducts several
narrowly scoped projects
simultaneously
Conducts aspects of more
complex projects under
direction
Contributes to planning on
large projects
4.1D
Researches and develops
recommendations in a
specific field of expertise
Develops and implements
operational policy which
impacts the immediate work
area
Contributes to strategic
policy development within a
specific field of expertise
Manages projects, usually
under limited direction
Contributes expertise to a
team working on complex
projects
Prepares project scopes and
briefs within broad
parameters
Manages multi-disciplinary
project teams
73
Grade 1 Grade 2 Grade 3 Grade 4
VR 1 VR 2 VR 1 VR 2
Administrative and
Corporate Support
1.1E
Performs routine
administrative tasks,
including general telephone,
counter and front office
enquiries, mail deliveries,
assisting with stock control,
supporting organisation of
meetings, receiving and initial
processing of standard
paperwork
2.1E
Provides office support
through activities such as using
and maintaining standard
office equipment and software
Drafts routine correspondence
and minutes
Organises routine meetings
and small functions
Undertakes standard
processing work such as data
entry, purchasing, payments
and reports using office
databases
Performs telephone and
counter duties consistent with
2.1B
2.2E
Responsible for office support
services and systems for a work
unit
Documents meeting outcomes
in more complex situations
Provides support to contract
administration
Demonstrates problem solving
in processing work
Create and maintains local
databases or reporting systems
utilising standard software
Analyse standard reports and
data to identify exceptions
3.1E
May lead a corporate support
team
Manages team performance
through activities such as
monitoring and reporting
Maintains corporate
databases and completes
analysis
Monitors and administers
straight forward, local
contracts and service
agreements within a well
defined service delivery
framework
3.2E
Prepares and analyses reports
from corporate databases to
support decision making in the
broader work area
Develops local databases or
reporting systems
Negotiate straight forward,
local contracts and service
agreements
4.1E
Leads a larger or complex
corporate support work unit
Provides specialist
administrative and corporate
support expertise
Negotiates and manages
straight forward, corporate
contracts and service
agreements
Drafts reports and
recommendations by
interpreting and analysing
data
74
Grade 1 Grade 2 Grade 3 Grade 4
VR 1 VR 2 VR 1 VR 2
Operational Service
Delivery
1.1F
Provides routine information,
such as standard information
and explanations, to clients
and members of the public
Receives payment for routine
services such as the sale of
publications, individual
licence fees Performs routine
service delivery functions for
clients such as, driving, food
preparation, cleaning,
gardening, assisting qualified
trade persons and minor
maintenance
Operates and maintains tools
and equipment appropriate to
the function and level of
qualification
2.1F
Provides standard services
under general supervision and
within a defined service
delivery framework
Delivers information services
to the general public or clients,
including initial advice and
referral
Consistent with the
development of knowledge
specified at 2.1C, participates
in routine investigations under
direction and provides
evidence if required
Reconciles, banks monies and
manages petty cash
2.2F
Assesses client needs and
implements appropriate service
delivery from a range of
accepted options
Identifies where limited
precedents apply and may
recommend action to be taken
Assists in preparing or
presenting cases in a range of
review forums, tribunals and
courts
3.1F
Supervises a service delivery
team
Assesses client needs and
delivers a range of services in
complex situations
Investigates and assesses
actions by individuals or
organisations against
legislation, rules, regulations,
service agreements
Advocates issues involving
established precedents before
a range of review forums,
tribunals and courts
Participates in the
development of strategies to
represent the organisation or
clients, involving complex
and challenging problems
3.2F
Reviews client assessments and
associated service delivery
plans
Advocates more complex
cases to represent the
organisation or clients before a
range of review forums,
tribunals and courts
Recommends strategies to
represent the agency and/or
clients involving complex and
challenging problems
4.1F
Determines operational
service delivery plans based
on accepted standards
Recommends resource
allocation to immediate
manager in order to meet
service delivery priorities
Manages operational work
teams
Undertakes advanced case
management, which may
include cross agency
collaboration
Undertakes complex or
technical investigations and
makes recommendations for
action
75
Grade 1 Grade 2 Grade 3 Grade 4
VR 1 VR 2 VR 1 VR 2
Technical/Specialist 1.1G
Assists technicians, scientists
and specialists in tasks that
are straightforward and use
established techniques and
work practices
Operates and maintains
technical or scientific
equipment appropriate to the
function and level of
qualification
This level performs routine
technical support functions
such as setting up a
laboratory, cleaning
equipment, and supporting
field work
2.1G
Conducts routine scientific,
technical or specialist
procedures and data collection,
collation and analysis
Diagnoses and corrects faults
and problems with technical
equipment
Contributes to scientific or
technical project planning
2.2G
Modifies routine scientific,
technical or specialist
procedures to a limited
specification
Exercises discretion in use of
equipment and actions to
achieve results within
specifications
3.1G
Conducts small to medium
scientific, technical or
specialist projects defined by
others
Undertakes technical data
analysis in field of expertise
Conducts field or desk-top
studies as part of a team
Assembles non-standard
technical systems or
equipment to a specification
Leads a small scientific,
technical or specialist team
3.2G
Plan small to medium
scientific, technical or
specialist projects
May control a laboratory
function or field operation
where a range of related
technical functions are
performed
Prepares complex reports
requiring in-depth factual
analysis
4.1G
Manages a scientific,
technical or specialist team
and/or projects
Independently performs
professional or technical
work at an advanced level in
a narrow field of expertise or
on research projects
Provides professional
scientific, technical or
specialist advice based on
field of expertise
Undertakes technical data
analysis and modelling and
prepares reports
76
Grade 5 Grade 6
VR 1 VR 2 VR1 VR2
Decision Making 5.1A 5.2A 6.1A 6.2A
Rules, Guidelines, and
Frameworks
Decisions often impact upon staff, peers and
clients outside the immediate work area
Makes decisions in situations where there is
some, but not definitive, precedent about the
application of an organisational framework
Advice and analysis influences policy
development
Contributes to strategic business planning
Interprets and applies business plans and policies
in own area of responsibility and provides advice
to others on implementation issues
Accountable for work organisation, the
allocation of resources within and the outputs
required of the work area
Decisions may set precedents for peers
Develops business plans to deliver on evolving
organisational priorities
Develops policy frameworks within area of
expertise or responsibility based on defined
organisational priorities
Participates in strategic planning and contributes to
strategic decision making process
Accountable for achievement of established
corporate objectives including the formulation and
implementation of local business plans
Develops policies, programs and initiatives that
impact on programs or major functional areas
Required to interpret general policy framework
to make decisions in the absence of definitive
operational policies
Innovation and
Originality
Innovative thinking and analysis influences
developments within area of responsibility
Solutions and thinking may advance
organisational innovation or
occupational/professional knowledge
Creatively develops options in a changing
organisational environment
Identifies and responds to new and emerging
strategic issues impacting on the operating
environment
Contributes advanced expertise and knowledge
to strategic planning and decision making
processes
77
Grade 5 Grade 6
VR 1 VR 2 VR1 VR2
Communication 5.1B
Initiates and maintains relationships with peer
and senior internal and external stakeholders
Focuses on understanding stakeholder issues
Negotiates with stakeholders and peers with the
object of gaining co-operation and meeting
timelines for delivery of project, service or
advice
Prepares technical reports at an advanced
professional level
5.2B
Relies on formal and informal communication
channels to achieve goals and engages
stakeholders to help them identify areas and
opportunities for improvement
Initiates and maintains effective relationships
with internal and external stakeholders at peer
or senior levels
Manages consultation processes including
engagement with key stakeholders.
Negotiates with stakeholders, peers, industry
bodies and other government agencies with
the objective of gaining co-operation,
influencing views and meeting timelines for
delivery of project, service or advice
Is influential in negotiations with external
suppliers of major services
6.1B
Purpose of communication may be to resolve
complex issues through a process of consultation
and negotiation
Prepares technical reports at an authoritative level
Develops briefs on highly complex issues that
provide options for decision within an organisation
Initiates and manages negotiations with peers
(internal and external to work unit) to gain
commitment to projects, and delivery of activities
to meet timelines
Provides and receives highly complex, contentious
or sensitive information where high levels of
negotiation, communication and interpersonal
skills are required
Explains highly complex concepts, ideas and issues
to an executive (i.e. non-expert) audience
Represents own work area with external
stakeholders, and effectively manages feedback
Confidently represents the agency with external
peers and negotiate within parameters agreed with
immediate manager
Focuses on understanding stakeholder issues and
influencing their views
Provides authoritative expert advice on complex
issues within own area
6.2B
Is required to use formal and informal channels
to influence organisation or program
management to achieve goals
Influences stakeholders holding competing
priorities and views
Briefs high level stakeholders in own area of
expertise in a variety of forums
Operates with loosely defined hierarchies of
decision-making
Negotiates to resolve differences to achieve
agreement to project/program
May be required to negotiate on the spot, often
on the basis of limited information
78
Grade 5 Grade 6
VR 1 VR 2 VR1 VR2
Policy and Projects 5.1C
Formulates policy options and advice
Develops project briefs consistent with business
plan direction
Manages and leads projects
Develops briefs on highly complex issues that
provide options for discussion and consideration
and will contribute to the development of a set of
final options for decision
5.2C
Advocates policy options
Manages and leads complex projects
6.1C
Responsible for operational policy or service
development impacting on a major functional area
Responsible for implementation of endorsed
strategic policy within the functional area
Routinely advises senior stakeholders on policy
issues and solutions within a functional area
6.2C
Responsible for operational policy or service
development that has significant impact across
functional areas
Responsible for implementation of endorsed
strategic policy across functional areas
Area of expertise and responsibility is
complicated by the scale and difficulty of the
issues
Manages major projects for the organisation
Provides policy advice to government, senior
levels of the organisation and key external
stakeholders
Administrative and
Corporate Support
5.1D
Manages a discrete function with limited budget
or staff responsibilities
Provides high level expertise dealing with more
complex issues in a specialised corporate
support function
5.2D
Manages a discrete function with
increased budget, staff responsibilities, or
sensitive or complex issues
Provides professional leadership in a
specialised corporate support function
6.1D
Manages an area with significant budget, staff
responsibilities or strategic importance
Contributes to strategic corporate initiatives and is
responsible for implementation
6.2D
Provides leadership and guidance based on
advanced expertise
Manages a range of strategic corporate
functions, each with significant budget, staff
responsibilities or strategic importance
Leads strategic corporate initiatives
Operational Service
Delivery
5.1E
Manages cross functional delivery within a
defined service
Develops service plans and delivery standards
for the area of responsibility
Determines service delivery resource allocation
Provides specialist professional services or
advice
5.2E
Manages cross functional delivery of a defined
service with increased budget, staff
responsibilities, or sensitive or complex issues
Provides specialist professional services or
advice, including leadership and guidance to
other specialists in the field
6.1E
Manages a large scale organisational service or
regional delivery function
Develops service delivery models within business
plans and objectives
Provides highly specialist services or expert advice
on service delivery
6.2E
Provides leadership and guidance based on
advanced expertise
Develops complex or specialised service
delivery models
Responsible for meeting service objectives,
including financial, quality and time related
targets for programs or major projects
79
Grade 5 Grade 6
VR 1 VR 2 VR1 VR2
Technical Specialist 5.1F
Specialist in an area of their profession and
relied on for advice in this field
Undertakes complex independent scientific,
technical or specialist work and analysis
Initiates research and analysis within an
area of expertise consistent with
organisational objectives
5.2F
Provides leadership and guidance to
other specialists in the field
Contributes to the development of
standards relating to the sector, program
or profession
6.1F
Subject matter expert that conceptualises, initiates,
implements, promotes and evaluates complex and
innovative technical programs
Routinely advises senior levels of the organisation
on policy issues and solutions within a functional
area
Develop technical or professional standards for the
organisation
6.2F
Area of expertise and responsibility is
complicated by the scale and difficulty of the
issues
Provides leadership and guidance based on
advanced expertise
Knowledge and
Proficiency
5.1G
Uses specialist knowledge within a
confined field to challenge policies and
professional concepts
Applies complex concepts to policy
development or research
Provides leadership in the adaptation and
application of concepts to operational matters
within local work area
Models high level leadership attributes
5.2G
Modifies and applies concepts to new
situations that may impact beyond the
immediate work area
Provides leadership in the application of
concepts to policy development
6.1G
Uses knowledge of structures, processes and
culture of government, the sector and the
Department to develop policies and new program
or project initiatives
Applies complex concepts drawn from
non-related fields to address policy issues
High level expertise in the field or discipline
6.2G
Proficiency and expertise has a significant
impact on the capability to deliver the policy
agenda, program or project initiatives
High level expertise in the program area
High level expertise in a field or discipline that
is critical to the program or organisation
80
Senior Technical Specialist
VR 1 VR 2 VR 3
Senior Technical/Specialist 7.1A
Leads highly specialised professional research,
Provides professional leadership in a major
program or field of research
Manages a significant professional research institute or
function with significant resource management
responsibilities
Provide state-wide expertise within a specific field of
endeavour critical to the agency’s overall program
Responsible for quality professional outcomes of work
Understands the implications of the work and its impact
on/contribution to Departmental or Government policy
Provides professional leadership and development
of staff in area of professional expertise
Influences departmental policy direction and may
develop or change policy as a result of specialised
work or research.
Responsible for the quality professional outcomes of
major projects
Departmental and state-wide reputation is associated
with positions at this level
7.2A
This value range is characterised by work consistent with
that expressed in value range 1 with broader scope,
complexity and impact
Provides authoritative advice and leadership in area of
expertise
Manages a professional discipline that impacts on
department wide operations and provides high level
professional advice to programs across the agency
Manages substantial resources primarily associated with
projects of significance to the Department/Government
or within the field of expertise
Provides professional leadership and development of
staff in area of professional expertise including leading
and inspiring teams of fellow professionals
7.3A
Regarded as having the highest level of expertise
within the Agency and is recognised nationally, and
internationally in narrower fields
Expertise is of primary importance to the
Department/Government
Considerable resource management responsibility
primarily associated with projects of primary
importance to the Department/Government or within
the field of scientific or professional expertise
Manages capital management projects in the order of
multi-million dollar, cross portfolio or major agency
projects
Decision Making
81
Senior Technical Specialist
VR 1 VR 2 VR 3
Accountability and Frameworks 7.1B
Limited frameworks, precedents and guidelines beyond
broad Government policy and professional discipline
standards
Generates strategic directions and programs for the
agency or the sector
Develops strategic frameworks for research or industry
development
Typically operates in an environment with a high
degree of sensitivity or risk associated with the
particular industry sector, field or professional
endeavour
Outcomes directly affect external perceptions of the
Department by Government and the community
Influences the national and international debate in the
profession/ field of expertise
Innovation and Originality 7.1C
Recognised nationally as a specialist in a particular
field and applies this knowledge to achieve highly
creative and/or innovative solutions to major
challenges/ major projects
Identifies and responds to new and emerging
issues in the field and their longer term
implications for the State
82
Senior Technical Specialist
VR 1 VR 2 VR 3
Communication 7.1D
Interacts with executives/ professional staff within the
organization and with other experts in the
field/profession
Communicates at highest managerial levels and with
Ministers
Communicates externally across industry. Can be at
national and international levels
Informs stakeholders of matters arising from
‘professional/expert’ role. As an expert, communication
will rarely be questioned
Close interaction with other professionals in the field
Direct contact with senior political, commercial,
community or sector stakeholders
Provides expert information and advice on professional
field of interest/major project/s
Develops and utilises communication networks to ensure
appropriate development and application of research or
project initiatives in accordance with government
priorities
7.2D
Develops and utilises national and international
communication networks to ensure appropriate
development and application of research or project
initiatives in accordance with government priorities
Negotiates elements of million dollar projects or the
involvement or contribution of senior public or private
sector leaders
7.3D
Initiates and negotiates joint research programs with
universities and other agencies
Negotiates all aspects of multi-million dollar projects
to ensure they are on budget and on time
83
Senior Technical Specialist
VR 1 VR 2 VR 3
Knowledge and Proficiency 7.1E
Requires significant experience in the field/area of
expertise
Authoritative specialist/expert in the field
Enhances the standing of the agency and its reputation
for excellence
Writes, publishes and presents research, arguments and
cases to peers, stakeholders and senior management
Demonstrates strategic management skills
Combines significant achievement with a substantial
body of demonstrated effectiveness and professional
experience
IN THE FAIR WORK COMMISSION
FWC Matter No.:
AG2022/1253
Applicant:
Trust for Nature (Victoria)
Section 185 – Application for approval of a single enterprise agreement
Undertaking – Section 190
I, Victoria Marles, Chief Executive Officer have the authority given to me by Trust for Nature
to give the following undertakings with respect to the Trust for Nature Enterprise Agreement
2021 ("the Agreement"):
1. Notwithstanding the words in clause 36.12 dealing with Casual Employees Caring
Responsibilities, the Employer will also recognise that a casual Employee may be
unavailable to attend work or may be required to leave work to care for a member of
their immediate family of household who is affected by an injury.
2. Notwithstanding the words appearing in clauses 36.6(a), 36.6(b), 36.10, 38.5(b)
dealing with Documentary Evidence, the Employer undertakes to apply the reasonable
person criteria in determining if satisfactory evidence has been provided.
3. Notwithstanding the words in clause 37.2 dealing with Definition of Family Violence,
the Employer undertakes that the definition of family member also includes a person
who is related to the Employee according to Aboriginal or Torres Strait Islander kinship
rules as per section 106(B)(3)(b) of the Fair Work Act.
4. In clause 39.4 of the Agreement dealing with Substitution of Public Holidays, the
Employer undertakes that public holidays can only be substituted by agreement
between the Employer and an individual Employee. Therefore; an Employee may by
agreement with the Employer substitute another day for any prescribed in clause 39.
5. Notwithstanding the words in clause 41.14 dealing with Special Parental Leave, the
Employer undertakes that where a pregnancy terminates during the first 20 weeks, the
Employee is entitled to access unpaid special parental leave or any paid personal/
carer’s leave entitlement in accordance with clause 36.
These undertakings are provided on the basis of issues raised by the Fair Work Commission
in the application before the Fair Work Commission.
____________________________
Signature
Date: 20/05/2022
Vitoria Martes
