1
Fair Work Act 2009
s.185—Enterprise agreement
Grampians Wimmera Mallee Water T/A GWMWater
(AG2022/3341)
GWMWATER ENTERPRISE AGREEMENT 2022
Water, sewerage and drainage services
COMMISSIONER YILMAZ MELBOURNE, 1 SEPTEMBER 2022
Application for approval of the GWMWater Enterprise Agreement 2022
[1] An application has been made for approval of an enterprise agreement known as the
GWMWater Enterprise Agreement 2022 (the Agreement). The application was made pursuant
to s.185 of the Fair Work Act 2009 (the Act). It has been made by Grampians Wimmera Mallee
Water T/A GWMWater. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this
application for approval and have been met. The Agreement does not cover all of the employees
of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied
that the group of employees was fairly chosen.
[3] I observe that clauses 22.2.1 and 39.2.2 of the Agreement are likely to be inconsistent
with the National Employment Standards (NES). However, noting clause 22.2.2 of the
Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there
is an inconsistency between the Agreement and the NES.
[4] The Australian Workers’ Union, the Community and Public Sector Union,
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the
Australian Manufacturing Workers’ Union (AMWU) and the Association of Professional
Engineers, Scientists and Managers Australia being bargaining representatives for the
Agreement, have given notice under s.183 of the Act that they wish to be covered by the
Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.
[2022] FWCA 3027
DECISION
FairWork
Commission
* AUSTRALIA FairWork Commission
[2022] FWCA 3027
2
[5] The Agreement is approved and in accordance with s.54, will operate from 9 September
2022. The nominal expiry date of the Agreement is 14 July 2023.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE517268 PR745389
ALL LIRALIK MISSION THE SEAL OF THE F
Enterprise Agreement
2022
GWMWater
GWMWater
GWMWater
Enterprise Agreement 2022
GWMWater Enterprise Agreement 2018 Page 2 of 89
Authorised By: Managing Director Print Date: 9 August 2022
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This Agreement shall be referred to as the GWMWater Enterprise Agreement 2022.
Table of Contents
Clause No. Page No.
Table of Contents ............................................................................................................................. 2
Operation.................................................................................................................................. 6
Individual Flexibility Arrangements .................................................................................. 7
Anti-Discrimination ............................................................................................................... 9
No Extra Claims .................................................................................................................... 10
Variation or Replacement ................................................................................................... 10
Dispute Resolution ............................................................................................................... 10
Secure Employment ............................................................................................................. 13
Terms of Employment ......................................................................................................... 14
GWMWater
1.
1.1. Duration ...................................................................................................................... 6
1.2. Scope and Parties Bound .......................................................................................... 6
1.3. Exclusions ................ ... .. .... ... ................ .............. ............ ..... ................ .............. ..... .. ... 6
1.4. Award & National Employment Standards ... .. ...................... ............................... 6
2.
2.1. Right to Request Flexible Working Arrangements ............................................... 7
3.
4.
5.
6.
6.1. Disputes ........................................ ............... ................................ ............................. 10
6.2. Obligations ................................... ............... ............................................................. 10
6.3. Agreement and dispute settlement facilitation ................................................... 11
6.4. Discussion of dispute .............................................................................................. 11
6.5. Internal process ............................ ............................................................................ 11
6.6. Disputes of a collective character .......................................................................... 12
6.7. Conciliation .............................................................................................................. 12
6.8. Arbitration ................................................................................................................ 12
6.9. Conduct of matters before FWC ............................................................................ 12
6.10. Disciplinary Procedures ......................................................................................... 13
7.
7.1. Use of Fixed Term Employment ........................................................................... 13
7.2. Use of Casual Employment.. .................................................................................. 14
7.3. Casual and Fixed Term Audit ............................................................................... 14
8.
8.1. General ................................... .................................... .............................. ................. 14
8.2. Full Time Employment ....................................................................................... .. .. 15
1. 1.1. Duration 6 1.2. Scope and Parties Bound 6 1.3 Exclusions 6 1.4. Award & National Employment Standards 6 2. 2.1. Right to Request Flexible Working Arrangements. 7 3. 4. 5. 6. 6.1. Disputes 10 6.2 Obligations 10 6.3 Agreement and dispute settlement facilitation 11 6.4 Discussion of dispute 11 6.5. Internal process 11 6.6 Disputes of a collective character 12 6.7. Conciliation 12 6.8. Arbitration. 12 6.9. Conduct of matters before FWC 12 6.10. Disciplinary Procedures .13 7. 7.1 Use of Fixed Term Employment 13 7.2 Use of Casual Employment .. .. 14 7.3 Casual and Fixed Term Audit 14 8. 8.1. General 14 8.2. Full Time Employment. .15
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Enterprise Agreement 2022
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Hours of Work ....................................................................................................................... 17
Classification/Salary ............................................................................................................ 22
Salary Increases and Once Off Lump Sum Payment ..................................................... 24
Annual Reviews .................................................................................................................... 24
Traineeships .......................................................................................................................... 25
Salary Sacrifice and Salary Packaging.............................................................................. 25
Overtime ................................................................................................................................. 25
Rest Period After Overtime ................................................................................................ 27
Standby/Availability Duty ................................................................................................. 28
Training and Development ................................................................................................ 31
Higher Duties ........................................................................................................................ 31
Travelling to Work ............................................................................................................... 32
Workers Compensation Leave/Accident Make Up Pay ................................................ 32
Leave........................................................................................................................................ 33
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8.3. Part Time Employment. ...... ...... .... ... ... ........ ...... .................. .... .................... ...... ...... 15
8.4. Limited Tenure Employment ...... ...... ........ ...... .. ..... ...... .... ........... ... .... ....... ... ..... .. .. 16
8.5. Casual Employment ............... .............. ..... ... ...... ..... .......................... ..... ........ .. ... .. .. 17
9.
9.1. Ordinary Hours of Work .. ...... ... .... .. ................................. ....... .. ............ ................. 17
9.2. Special Work Rosters .......................................................... ......... ............... ............ 18
9.3. Shift Work .......... ..... .. .............. ............. ............... ................................... ........... ........ 18
9.4. Meal Break/ Allowance/Rest Period ............. .......... ................... .. .............. .... ..... 20
9.5. Starting Point. ...... ...... ......... .. ........ ..... .. ........... .... .. .... .... .. .. ...... ..... ........... .......... ........ 21
9.6. Tea Break ....... .... .. ....... .. ...... .... ...... ....... ...... .. ... ... ............... ....... ... .. ............... ............. 21
10.
10.1. Classifications .. ......... ...... ......... .. ............. .. ..... ...... .... .............. ...... ............... ........ ..... 22
10.2. Entry and Progression within Bands .................................................................... 22
10.3. Salaries ........... .... ............... .... .............. ................ ..... ......... ................... ..................... 23
10.4. Payment ............................ ...... ... ... .......... .. ... ..................... .... ......... .......... ................. 23
11.
11.1. Initial Salary Increase .............. ............... .................................... ............................. 24
12.
13.
14.
15.
16.
16.5. Management of OHS Issues in Relation to Call Outs .... .................................... 27
17.
17.1. Telemetry On Call Allowance .................................................. ............................. 29
18.
19.
20.
21.
22.
22.1. Unplanned Absences ........ .. .......... ... .. .......... ......... ...... ........... ..................... .... ........ 33
22.2. Annual Leave ........... ... ......... .. .... ... ...... .. ....... ...... .. ..... ...... ... ........ .. ..... ............... ....... . 34
22.3. Long Service Leave ................. ......................... .. ......................... .... ...... .... .. ............. 39
22.4. Jury Service ............................................................................................................... 39
8.3 Part Time Employment. 15 8.4. Limited Tenure Employment 16 8.5. Casual Employment. 17 9. 9.1. Ordinary Hours of Work 17 9.2. Special Work Rosters 18 9.3 Shift Work 18 9.4. Meal Break/ Allowance/Rest Period .20 9.5 Starting Point. .21 9.6 Tea Break .21 10. 10.1. Classifications 22 10.2. Entry and Progression within Bands 22 10.3. Salaries ... 23 10.4. Payment 23 11. 11.1. Initial Salary Increase .24 12. 13. 14 15. 16. 16.5. Management of OHS Issues in Relation to Call Outs 27 17. 17.1. Telemetry On Call Allowance 29 18. 19. 20. 21. 22. 22.1. Unplanned Absences 33 22.2. Annual Leave .34 22.3. Long Service Leave. 39 22.4. Jury Service. 39
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Bereavement/Compassionate Leave .................................................................................. 55
Leave to Engage in Emergency Service Activities .......................................................... 56
Participation in Sporting Events ........................................................................................ 56
Defence Reserve Leave ........................................................................................................ 56
Leave to Engage in Voluntary Community Activities ................................................... 57
Study Leave ............................................................................................................................ 57
Job Share................................................................................................................................. 58
Expenses ................................................................................................................................. 58
Use of Private Vehicles ........................................................................................................ 58
Adjustment of Allowances ................................................................................................. 58
Right of Entry and Communication .................................................................................. 59
GPS .......................................................................................................................................... 60
Consultative Committee ...................................................................................................... 60
Introduction of Change/ Consultation ............................................................................. 60
Transmission of Business/Contracting Services ............................................................ 63
Redundancy and Redeployment ....................................................................................... 63
Notice of Termination.......................................................................................................... 64
Abandonment of Employment .......................................................................................... 65
GWMWater Property ........................................................................................................... 65
Protective Clothing ............................................................................................................... 66
Required to Occupy a Residence ....................................................................................... 66
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22.5. Special Leave ............................................................. ...... .............................. ... ........ 40
22.6. Family Violence Leave ........ .... ...... ..... ......... ............. ...... .... .............. .............. ..... .. .. 40
22.7. Personal Leave .................................................................................................... ..... 42
22.8. Immediate Family or Household ......................................................................... .43
22.9. Use of Accumulated Personal/Carer's Leave ..................... ................................ 44
22.10. Absence on Public Holidays ................................ .......... ........................................ 44
22.11. Unpaid Personal Leave ....... ............. ... ......... ..... ....... ...... .......... ................ .. ... .. ...... .. 44
22.12. Casual Employees - Caring Responsibilities and Compassionate Leave ...... . 44
22.13. Parental Leave ......................................... ..... ....... ............................................ ....... .. 44
23.
23.1. Amount of Compassionate Leave .. ............... ............................. ..................... ...... 55
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
39.1. Notice of Termination by GWMWater ................................................................. 64
39.2. Notice of Termination by Employee ..................................................................... 65
39.3. Time off During Notice Period .............................................................................. 65
40.
41.
42.
43.
22.5. Special Leave. .40 22.6. Family Violence Leave 40 22.7. Personal Leave 42 22.8. Immediate Family or Household 43 22.9. Use of Accumulated Personal/ Carer's Leave 44 22.10. Absence on Public Holidays 44 22.11. Unpaid Personal Leave. .44 22.12. Casual Employees - Caring Responsibilities and Compassionate Leave. .... 4 22.13. Parental Leave 44 23. 23.1. Amount of Compassionate Leave ... 55 24 25. 26. 27. 28. 29. 30. 31. 32. 33. 34 35. 36. 37 38. 39. 39.1. Notice of Termination by GWMWater 64 39.2. Notice of Termination by Employee. 65 39.3. Time off During Notice Period 65 40. 41. 42. 43.
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Senior Officer Agreements ................................................................................................. 66
Public Sector Gender Equality Provision ........................................................................ 67
Commitments ........................................................................................................................ 70
Signatories.............................................................................................................................. 71
GWMWater
44.
45.
46.
47.
45.1. Gender equality ....................................................................................................... 67
44. 45. 45.1. Gender equality .67 46. 47.
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Operation
Duration
This Agreement will operate seven days from the date of approval by Fair Work
Commission and its nominal expiry date shall be 14 July 2023.
Scope and Parties Bound
This Agreement shall be binding on:
a) Grampians Wimmera Mallee Water (GWMWater)
b) All employees with the exception of those who are covered by the Public Entities
Executive Remuneration employment contracts.
c) The Australian Municipal, Administrative, Clerical and Services Union
d) Professional Australia
e) The Australian Workers Union
f) The Community and Public Sector Union.
Exclusions
This Agreement shall not apply to:
a) Students who may work with the employer as part of their work experience
program
b) Consultants or contractors who may work with GWMWater
c) Members appointed to Boards or Committees under the Water Act 1989
d) Employees who meet the definition of an Executive under the PEERS Policy.
Award & National Employment Standards
This Agreement shall prevail over the provisions of the Water Industry Award 2020.
The Agreement replaces the GWMWater Enterprise Agreement 2018 completely.
That this Agreement will be read and interpreted in conjunction with the National
Employment Standards (NES). Where there is an inconsistency between this agreement
and the NES, and the NES provides a greater benefit, the NES provision will apply to the
extent of the inconsistency
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GWMWater
1.
1.1.
1.2.
1.3.
1.4.
1. 1.1. 1.2. 1.3. 1.4.
GWMWater
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Individual Flexibility Arrangements
a) An employer and employee covered by this enterprise agreement may agree to
make an individual flexibility arrangement to vary the effect of terms of the
agreement if:
(i.) the agreement deals with one or more of the following matters:
arrangements about when work is performed;
overtime rates;
penalty rates;
allowances; and
(ii.) the arrangement meets the genuine needs of the employer and employee in
relation to 1 or more of the matters mentioned in paragraph (a(i)); and
(iii.) the arrangement is genuinely agreed to by the employer and employee.
b) The employer must ensure that the terms of the individual flexibility arrangement:
(i.) are about permitted matters under section 172 of the Fair Work Act 2009; and
(ii.) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(iii.) result in the employee being better off overall than the employee would be if
no arrangement was made.
c) The employer must ensure that the individual flexibility arrangement:
(i.) is in writing; and
(ii.) includes the name of the employer and employee; and
(iii.) is signed by the employer and employee and if the employee is under 18
years of age, signed by a parent or guardian of the employee; and
(iv.) includes details of:
the terms of the enterprise agreement that will be varied by the
arrangement; and
how the arrangement will vary the effect of the terms; and
how the employee will be better off overall in relation to the terms and
conditions of his or her employment as a result of the arrangement; and
(v.) states the day on which the arrangement commences.
d) The employer must give the employee a copy of the individual flexibility
arrangement within 14 days after it is agreed to.
e) The employer or employee may terminate the individual flexibility arrangement:
by giving no more than 28 days written notice to the other party to the
arrangement; or
if the employer and employee agree in writing — at any time.
Right to Request Flexible Working Arrangements
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GWMWater
2.
2.1.
2. 2.1.
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In accordance with and pursuant to section 65 of the FW Act, an
Employee may request a change in their working arrangements on the
basis of the following circumstances:
a) the employee is the parent, or has responsibility for the care, of a child
who is of school age or younger;
b) the employee is a carer (within the meaning of the Carer Recognition Act
2010);
c) the employee has a disability;
d) the employee is 55 or older;
e) the employee is experiencing violence from a member of the
employee’s family;
f) the employee provides care or support to a member of the employee’s
immediate family, or a member of the employee’s household, who
requires care or support because the member is experiencing violence
from the member’s family.
Note: Examples of changes in working arrangements include changes in hours of work,
changes in patterns of work and changes in location of work.
To avoid doubt, and without limiting clause 2.1.1, 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.
An Employee is not entitled to make a request under this clause unless:
(a) for an Employee other than a casual Employee – the Employee has
completed at least 12 months of continuous service with the Employer
immediately before making the request; or
(b) for a casual Employee – the Employee:
(i) is a long term casual Employee of the Employer immediately
before making the request; and
(ii) has a reasonable expectation of continuing employment by the
Employer on a regular and systematic basis.
A request made under this clause must be made in writing and set out
details of the change sought and the reasons for the change.
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2.1.1.
2.1.2.
2.1.3.
2.1.4.
2.1.1. 2.1.2. 2.1.3. 2.1.4.
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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.
The Employer may only refuse the request on reasonable business
grounds.
Without limiting what are reasonable business grounds for the
purposes of clause 2.1.6, 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 Employer;
c) that it would be impractical to change the working arrangements of
other Employees, or recruit new Employees, to accommodate the new
working arrangements requested by the Employee;
d) that the new working arrangements requested by the Employee would
be likely to result in a significant loss in efficiency or productivity;
e) that the new working arrangements requested by the employee would
be likely to have a significant negative impact on customer service.
If the Employer refuses the request, the written response under clause
2.1.5 must include details of the reasons for the refusal.
Anti-Discrimination
It is the intention of the parties to achieve the principal object in the FWC Part 3 Division 5
s351 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 responsibilities, pregnancy, religion,
political opinion, national extraction or social origin.
Accordingly, in fulfilling their obligations under the procedures in clause 6 (Dispute
Resolution), the Parties must make every endeavour to ensure that neither the provisions
of the Agreement nor their operation are directly discriminatory in their effects.
Nothing in this clause is taken to affect:
a) Any different treatment (or treatment having different effects) which is specifically
exempted under the Commonwealth anti-discrimination legislation;
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2.1.5.
2.1.6.
2.1.7.
2.1.8.
3.
2.1.5. 2.1.6. 2.1.7. 2.1.8. 3.
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b) An employee, GWMWater, or registered organisation, pursuing matters of
discrimination in any State or Federal jurisdiction, including by application to the
Australian Human Rights and Equal Opportunity Commission; or
c) The exemptions in the FWC.
No Extra Claims
It is agreed that for the period of this Agreement, the parties will not pursue any extra
claims, award or over award, in relation to terms and conditions contained in the
Enterprise Agreement. Any national wage or living wage increases, which occur during
the period of this Agreement, will be absorbed into the salary increases available under
this Agreement.
Variation or Replacement
The parties may agree to vary this Agreement in accordance with the Fair Work Act 2009.
The parties agree to enter into discussions for a new Enterprise Agreement at least nine
months prior to expiry date of the Agreement.
Dispute Resolution
Disputes
a) Unless otherwise provided for in this agreement, a dispute about a matter arising
under this agreement, the National Employment Standards, or any other work
related matter other than termination of employment, must be dealt with in
accordance with this clause. This includes a dispute about whether an employer
had reasonable grounds to refuse a request for flexible working conditions under
[refer to relevant enterprise agreement clause] or an application to extend unpaid
parental leave under [refer to relevant enterprise agreement clause].
b) For the avoidance of doubt, this clause does not apply to any dispute on a matter
or matters arising in the course of bargaining in relation to a proposed enterprise
agreement.
c) The employer or an employee covered by this agreement may choose to be
represented at any stage by a representative, including an employer or employee
organisation.
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 his or her
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4.
5.
6.
6.1.
6.2.
4. 5. 6. 6.1. 6.2.
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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 the agreement will be prejudiced as to the final settlement
of the dispute by the continuance of work in accordance with this clause.
Agreement and dispute settlement facilitation
a) For the purposes of compliance with this agreement (including compliance with
this dispute procedure) where the chosen employee representative is another
employee of the employer, they must be given reasonable opportunity to enable
her/him to represent employees concerning matters pertaining to the employment
relationship including but not limited to:
(i) investigating the circumstances of a dispute or an alleged breach of this
agreement or the National Employment Standards;
(ii) endeavouring to resolve a dispute arising out of the operation of the
agreement or the National Employment Standards; or,
(iii) participating in conciliation, arbitration or agreed alternative dispute
resolution process.
b) Any release from normal duties is subject to the proviso that it does not unduly
affect the operations of the employer.
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 matter is not settled, the employee(s) can require that the matter be
discussed with another representative of the employer appointed for the purposes
of this procedure.
Internal process
a) If any party to the dispute who is covered by the agreement refers the dispute to
an established internal dispute resolution process, the matter must first be dealt
with in accordance with that process, provided that the process is conducted in a
timely manner and it is consistent with the following principles:
(i) the rules of natural justice;
(ii) appropriate mediation or conciliation of the dispute is provided;
(iii) any views on who should conduct the review shall be considered by the
employer; and
(iv) the process is conducted as quickly, and with as little formality, as a proper
consideration of the matter allows.
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6.3.
6.4.
6.5.
6.3 6.4. 6.5
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b) If the dispute is not settled through an internal dispute resolution process, a party
to the dispute may refer the dispute to FWC for conciliation and if the matter
remains unresolved, arbitration.
Disputes of a collective character
a) The parties covered by the agreement acknowledge that disputes of a collective
character concerning more than one employee may be dealt with more
expeditiously by an early reference to FWC.
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 for conciliation.
Conciliation
a) Where a dispute is referred for conciliation, a member of FWC may arrange for
whatever process the member considers may assist in resolving the dispute to
occur.
b) Conciliation before FWC shall be regarded as completed when:
(i) the parties to the dispute have informed the FWC member they 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 either party, 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.
Arbitration
a) If the dispute has not been settled when conciliation has been completed, either
party to the dispute may request that FWC proceeds 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 6.8(d) below, the determination of FWC is binding upon the
persons covered by this agreement.
d) An appeal lies to a Full Bench of FWC, with the leave of the Full Bench, against a
determination of a single member of FWC made pursuant to this clause.
Conduct of matters before FWC
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6.6.
6.7.
6.8.
6.9.
6.6 6.7. 6.8. 6.9.
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a) Subject to any agreement between the parties to the dispute 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.
Disciplinary Procedures
The employer will ensure that it has a clearly documented and published disciplinary
procedure. When disciplining any employee or investigating any concern or allegation
about the employee’s work performance, or misconduct the employer will adhere to the
principles of natural justice and ensure that the employee:
a) Is given a clear indication of the concern the employer holds.
b) Is provided with enough detail about the allegation, so that they can properly
respond.
c) Has an opportunity to consider any concerns or allegations before being required
to respond to those concerns or allegations.
d) Has the option to provide responses in a face to face meeting or by
correspondence, to the extent that the option selected does not unnecessarily delay
the process.
e) Has the opportunity to have representation at any level of any discipline process.
f) Is made aware of the seriousness and likely consequences of the process being
undertaken.
Where the disciplinary matter concerns work performance, the procedure should provide
for adequate on-going supervision/support and document the agreed timeframe for
performance improvements.
Secure Employment
The Employer acknowledges the positive impact that secure employment has on
Employees and the provision of quality services to the Victorian community.
The Employer will give preference to ongoing forms of employment over casual and fixed
term arrangements wherever possible.
Use of Fixed Term Employment
a) The Employer will not use fixed term contract positions for the purpose of
undermining the job security or conditions of full-time ongoing Employees.
b) In accordance with the principle set out in clause 7.1(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; or
ii. meeting fluctuating client and employment needs and unexpected increased
workloads; or
iii. undertaking a specified task which is funded for a specified period; or
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6.10.
7.
7.1.
6.10. 7. 7.1.
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iv. filling a vacancy resulting from an Employee undertaking a temporary
assignment or secondment; or
v. temporarily filling a vacancy where, following an appropriate selection
process, a suitable ongoing Employee is not available; or
vi. filling a vacant role whilst a review of the area is undertaken, provided that
such appointment does not exceed a period of twelve months.
c) In other than exceptional or unforeseen circumstances, fixed term appointments to
a specific position will be for a maximum of three years, subject to clause 22.13
(Parental Leave).
d) Where an Employee is posted overseas the limitations on the use of fixed term
employment outlined in this clause do not apply.
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 clause 7.2(a), 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.
If the Union or affected Employees identify fixed term or casual employment that is
considered not to meet the criteria established in clauses 7.1 or 7.2, 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 6 (Dispute Resolution).
Casual and Fixed Term Audit
The Parties agree that over the life of the agreement they will: (a) continue and finalise the
audit of the use of casual and fixed term employment in the VPS (casual and fixed term
audit); and (b) develop a strategy to maximise the use of ongoing and secure employment
based on the outcomes of the casual and fixed term audit, including a process for
employee conversion to ongoing employment.
Terms of Employment
General
Employment categories
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7.2.
7.3.
8.
8.1.
8.1.1.
7.2. 7.3. 8. 8.1 8.1.1.
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Employees covered by this agreement will be employed in one of the following
categories:
full-time employees; or
part-time employees; or
casual employees; or
limited tenure employees.
Probationary employment
a) GWMWater may, in recruiting new employees, require such employees
to complete a probationary employment period of not more than three
months.
b) During this period, GWMWater shall monitor the capacities of such
employees to determine, no later than three months after
commencement of employment, whether to terminate the probationary
employment.
Terms of engagement
At the time of engagement the employer will advise each employee of the terms of
their engagement and in particular whether they are full-time, permanent part-
time, casual or limited tenure.
Full Time Employment
A full time employee is one who is engaged on a regular and continuing basis to
work the ordinary hours of work prescribed in Clause 9 - Hours of Work, of this
Agreement.
Part Time Employment
An employer may employ part-time employees in any classification in this
Agreement.
A part-time employee is an employee who:
(i) works less than full-time hours of 38 per week;
(ii) has reasonably predictable hours of work; and
(iii) receives, on a pro rata basis, equivalent pay and conditions to those of
full-time employees who do the same kind of work.
At the time of engagement the employer and the part-time employee will agree in
writing on a regular pattern of work, specifying at least the hours worked each day,
which days of the week the employee will work and the actual starting and
finishing times each day.
Any agreed variation to the hours of work will be recorded in writing.
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8.1.2.
8.1.3.
8.2.
8.3.
8.1.2. 8.1.3. 8.2. 8.3.
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An employer is required to roster a part-time employee for a minimum of three
consecutive hours on any shift.
All time worked in excess of the hours as agreed under this clause or varied under
this clause will be overtime and paid for at the rates prescribed in clause 15—
Overtime.
A part-time employee employed under the provisions of this clause must be paid
for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed in
Schedule 1 – Salary Rates.”
Limited Tenure Employment
A limited tenure employee is one engaged for a specified project,
generally of a duration of up to three years. The period of engagement
shall be stated in the letter of appointment and may be full time or part
time employment.
The use of limited tenure positions is designed to meet a specific and
finite need such as to:
replace staff proceeding on approved leave; or
meet fluctuating client and staffing needs and unexpected increased
workloads; or
undertake a specific, but finite task or project; or
fill a vacancy resulting from an employee undertaking a temporary
assignment or secondment elsewhere within GWMWater or
another organisation; or
meet seasonal work requirements.
GWMWater shall notify the Consultative Committee of its intention to
engage a limited tenure employee and the terms and conditions under
which the employee is to be engaged.
GWMWater shall provide to limited tenure employees a letter of
appointment stating the temporary nature of the position. The letter
shall include start and anticipated finishing dates of such position.
Should a limited tenure engagement be extended beyond three years a
review will be conducted at that time, to determine whether the
position should continue as a limited tenure position having a finite life,
or should become a permanent position.
Where a limited tenure position is converted to a permanent position,
the employee engaged in that position shall be offered the opportunity
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8.4.
8.4.1.
8.4.2.
8.4.3.
8.4.4.
8.4.5.
8.4.6.
8.4. 8.4.1. 8.4.2. 8.4.3. 8.4.4. 8.4.5. 8.4.6.
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of applying for the position. If the limited tenure employee is
subsequently appointed to a permanent position, any period of limited
tenure employment immediately prior to the commencement of
permanent employment shall be recognised as service with GWMWater
for the purposes of calculating the employee's leave entitlements,
provided the employee has not taken the leave or received payment in
lieu of such leave.
A limited tenure employee shall, during their period of engagement, be
entitled to all forms of paid leave available to a full-time employee, on a
pro-rata basis, as determined by the length of the engagement. The
employee shall also be entitled to receive payment for Public Holidays
which fall upon a day on which the employee would normally work on
the same basis as an employee engaged in an ongoing position.
Casual Employment
a) A casual employee is one who is engaged to perform work for the purpose of
meeting particular and short-term needs of GWMWater.
b) A casual employee shall be ready, willing and available to work such hours as
required from time to time by GWMWater, provided that the minimum number of
hours worked on any one day shall be four and provided further that the
engagement shall not extend over a period longer than six months from the date
the employee is engaged for the particular period of service.
c) A casual employee shall receive an additional 25% of the appropriate ordinary
hourly rate for each hour during which the casual is employed.
d) A casual employee shall not be entitled to Public Holidays, or paid leave of any
kind (excluding long service leave) and redundancy benefits.
e) Casual employees who have worked for their employer for 12 months need to be
offered the option to convert to full-time or part-time (permanent) employment by
their employer.
Hours of Work
Ordinary Hours of Work
Except where elsewhere provided, the ordinary working hours for all employees other
than shift workers are an average of 38 hours per week over a period of 28 days and will
be worked Monday to Friday between the hours of 6.00am to 6.00pm, and shall be worked
flexibly.
Hours of work arrangements, including but not limited to spread of hours, the roster of
ordinary hours, commencing times, meal break times and rosters shall be established and
varied by local agreement.
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8.5.
9.
9.1.
8.4.7.
8.4.7. 8.5. 9. 9.1.
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Rostered Day Off (RDO) to be taken at times agreed with the employee's Manager.
Special Work Rosters
When staff are involved as a Duty Operator in the Operational Management Centre
(OMC) they shall work across seven days of the week roster agreed between GWMWater
and the majority of affected staff.
Work across the week
Where ordinary hours are worked on a Saturday and/or Sunday such hours shall
be paid at:
Time and one half for each hour of work performed on a Saturday; and
Double time for each hour of work performed on a Sunday; and
Double time and one half for each hour of work performed on a Public
Holiday.
Where an employee working under this arrangement is rostered off on a Public
Holiday the employee will be granted a substituted day.
Shift Work
Application of this clause
Should there be any inconsistency between this clause and any other clauses in
this Agreement, the provisions of this clause shall take precedence in respect of
employees engaged on shift work. The definition of a shift worker will be as
described in the National Employment Standards.
Definitions - shift work
(i.) "Day Shift" means any shift started at or after 6.00am and before
10.00am.
(ii.) "Afternoon Shift" means any shift starting at or after 10.00am and
before 8.00pm.
(iii.) "Night Shift” means any shift starting at or after 8.00pm and before
6.00am.
(iv.) "Roster" means a statement of starting and completing times of shifts
showing the sequence of those shifts.
(v.) "Rostered Shift" means a shift on which the employee concerned has
had at least 72 hours’ notice.
GWMWater
9.2.
9.3.
The ordinary hours for staff when involved as a Duty Operator in the OMC shall be
at least six and not more than 10 hours each day, Monday to Sunday, to be
worked continuously, provided that at least nine days off shall be rostered
each cycle of four weeks.
9.2.1.
9.3.1.
9.3.2.
9.2. The ordinary hours for staff when involved as a Duty Operator in the OMC shall be at least six and not more than 10 hours each day, Monday to Sunday, to be worked continuously, provided that at least nine days off shall be rostered each cycle of four weeks. 9.2.1. 9.3. 9.3.1. 9.3.2.
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(vi.) "Continuous Shift Work" means shifts which rotate across 24 hours of
the day, seven days of the week.
(vii.) "Saturday Shift” means ordinary hours of work as defined in 9.3.3
below (including time worked for accrual purposes) between midnight
Friday and midnight Saturday.
(viii.) "Sunday or Holiday Shift" means ordinary hours of work as defined in
9.3.3 below (including time worked for accrual purposes) between
midnight Saturday and midnight Sunday shift, and between the
midnight preceding the holiday and midnight of the holiday for the
holiday shift.
Ordinary working hours
A shift workers roster cycle will provide for an average of 38 hours over a period
not exceeding eight weeks. Roster of shifts -
There shall be a roster of shifts which shall:
(i.) provide for rotation unless GWMWater and the majority of employees
concerned desire otherwise;
(ii.) provide for not more than eight shifts to be worked in any nine
consecutive days;
(iii.) be so arranged as to provide an employee with at least one consecutive
Saturday and Sunday off duty in every four week period; and
The employer must consult with effected employees were there is a proposal to
introduce change to the regular roster.
Payment for working overtime and non-rostered shifts
An employee's place on the roster may be changed provided that:
(i.) they are given 72 hours’ notice (prior to commencing time of the altered
shift) of such change; or
(ii.) if the notice of such change (prior to the commencing time of the altered
shift) is less than 72 hours, they are paid at the rate of double time for
all time worked on the altered shifts from the notice of the change until
72 hours after the time of such notice.
Except for work performed on a Public Holiday when double time and one half
applies, shift workers shall be paid at the rate of double time for all time worked
in excess of or outside the ordinary working hours as prescribed in this
Agreement, or on a shift other than a rostered shift, provided that such penalty
rates shall not apply where arrangements have been made between the shift
workers themselves.
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9.3.3.
9.3.4.
9.3.3. 9.3.4.
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Shift loadings
Shift loadings shall not be included for the purposes of calculating overtime.
a) A shift worker whilst on afternoon or night shift other than a Saturday,
Sunday or Public Holiday shall be paid a shift loading of 15%.
b) An employee who (except at the employee's own request):
(i.) During a period of engagement on shift, works night shift only; or
(ii.) Remains on a night shift for a longer period than four successive
weeks; or
(iii.) Works on a night shift which does not rotate or alternate with
another shift, or with day work so as to give the employee at least
one third of their working time off night shift in each cycle shall be
paid 30% more than their ordinary rate for all time worked during
ordinary working hours inclusive of time worked for accrual
purposes where the roster provides for the accrual of an RDO, on
such night shift.
Payment for weekend and public holiday shift work
A shift worker shall be paid at the minimum rate of time and a half for ordinary
hours of work for a Saturday shift, double time for a Sunday shift and double time
and a half for a Public Holiday shift.
Call out for shift workers
A shift worker called out to work after the expiration of the customary working
time and after leaving work, or called out to work on a day on which the
employee is rostered off, shall be paid for a minimum of three hours work
calculated at double the ordinary prescribed rate for each time called out.
Provided that if called out on a Public Holiday, payment shall be calculated at the
rate of double time and one half.
Provided that where such work continues through to the normal commencing
time or is continuous to normal finishing time, no minimum call out payment
shall apply.
Transport after shift work
When a shift worker not in receipt of the travelling expenses, after having worked
a shift for which they have not been regularly rostered, finishes work at a time
when reasonable means of transport are not available, GWMWater will provide
transport home. Provided that this provision does not apply when the employee
has been notified, at least on the day prior, of the requirement to work the shift.
Meal Break/ Allowance/Rest Period
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9.3.5.
9.3.6.
9.3.7.
9.3.8.
9.4.
9.3.5. 9.3.6. 9.3.7. 9.3.8. 9.4
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Lunch breaks shall be taken normally between the hours of twelve noon
and two p.m. and will be of an agreed duration of not less than thirty
minutes nor greater than sixty minutes.
Employee’s may be required to work up to five hours at ordinary rates
of pay without a meal break.
Where an employee is required by the employer to work through their
lunch break, time in lieu or payment for overtime will be approved in
accordance with this agreement
A meal break of agreed duration shall be taken and a Meal Allowance
shall be paid if more than two hours before or after the normal daily
hours are worked without being notified on the previous day or earlier
that they will be required to work overtime.
After completion of each four continuous hours of overtime or recall to
duty an additional rest period of not less than 20 minutes and no more
than 60 minutes shall be provided and a meal allowance paid for each
four hours.
A meal allowance shall not be payable where GWMWater provides or
offers to provide an adequate free meal or where an employee resides
in the same locality as their place of employment and can reasonably be
expected to return home for meals.
A meal allowance of $25.16 shall be paid for the first break and $15.64
per break thereafter from 15/07/2022.
Allowance 15/07/2022
1st Meal $25.16
2nd Meal $15.74
Starting Point
Where employees are directed by their Manager to commence work at a location other
than the relevant work site, Clause 20 - Travelling to Work, shall apply.
Tea Break
GWMWater
9.5.
9.6.
9.4.1.
9.4.2.
9.4.3.
9.4.4.
9.4.5.
9.4.6.
9.4.7.
Having regard to local circumstances and procedures, and with the agreement of
their Manager, employees will start work directly at the relevant work site
instead of their normal depot or office location. The relevant work site
would generally be in the same town as stated in the employee's position
description.
9.4.1. 9.4.2. 9.4.3. 9.4.4. 9.4.5. 9.4.6. 9.4.7. 9.5. Having regard to local circumstances and procedures, and with the agreement of their Manager, employees will start work directly at the relevant work site instead of their normal depot or office location. The relevant work site would generally be in the same town as stated in the employee's position description. 9.6.
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Field based employees commit to taking tea breaks at the work site where practicable
rather than returning to a central depot.
Office based staff shall be provided with reasonable access to tea and coffee facilities,
however any such breaks should not impact on productivity levels. Should this
arrangement adversely impact on productivity, GWMWater may discontinue the
arrangement and set a time for a formal tea break after consultation with the Consultative
Committee.
Classification/Salary
Classifications
The classifications of employees shall accord with the benchmark position specifications
adopted by GWMWater, which are included as Schedule 2. Job descriptions for individual
positions shall be consistent with those benchmark position specifications and shall be
reviewed annually as part of the performance management review.
Where the classification of a position does not clearly fall into a Salary Band when
compared to the Benchmark Standards in Schedule 2, an evaluation system (which will be
agreed to) will be used to assist in determining the appropriate classification for that
position.
Entry and Progression within Bands
Employees shall commence employment in each Band at Level One.
Provided that GWMWater may decide that an employee may
commence above Level 1 if suitably qualified and/or experienced.
Professional Services employees with appropriate tertiary degree
qualifications shall commence at Band B level 1, provided that
Professional Services employees with post graduate qualifications shall
commence at level 2 of that Band.
Candidates who commence employment under a clear understanding
that there is a focus on learning, developing and refining their skills
while completing routine work under close supervision in Band A: and
bring to the role little or no work or life experience may commence at
Level one of the Band. Employees who commence a role in Band A, yet
bring more life and work experience than that of someone just entering
the workforce for the very first time may commence at a higher level of
the Band.
Water Services employees utilising relevant formal trade qualifications
shall commence at Band A Level 5.
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10.
10.1.
10.2.
10.2.1.
10.2.2.
10.2.3.
10.2.4.
10. 10.1. 10.2. 10.2.1. 10.2.2. 10.2.3. 10.2.4.
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Progression from one level to the next within each Band is not
automatic, but employees shall be eligible for progression each twelve
months, upon the achievement of all of the following:
a) acquisition and satisfactory utilisation of new or enhanced skills
which are required by GWMWater; and
b) meeting established performance objectives, including the
satisfactory completion of training modules; and
c) demonstrated competency and satisfactory service over a
minimum period of twelve months at each level within the Band.
An annual review shall be undertaken by GWMWater of all full-time
and part-time employees to assess each employee's work performance,
skill possession or acquisition and to determine progression within the
Band. This review shall be conducted in accordance with the
competency assessment process agreed between the parties.
Salaries
The salary rates payable to employees who are ready willing and able to work, and are
working in classifications covered by this Agreement are detailed in Schedule 1.
Payment
Employees shall be paid fortnightly by electronic funds transfer to an
account nominated by the employee, on the same day of each fortnight,
except where the day falls on a Public Holiday, when payment shall be
made on the previous working day.
The hourly rate shall be calculated by dividing fortnightly rate by 76.
In the case of part time employees, the fortnightly rate shall be the
hourly rate multiplied by the fixed hours of duty.
Employees shall be paid on the basis of an average of 76 hours per
fortnight so as to avoid fluctuating wage payments where an
employee’s ordinary hours of work may be more or less than 76 in any
particular fortnight of the work cycle.
GWMWater shall keep a record of the following pay and other details,
as well as any other data required by taxation and superannuation
authorities and funds, for each employee:
a) name and date of commencement;
b) classification and ordinary rate of pay history;
c) number of ordinary and overtime hours worked;
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10.3.
10.4.
10.2.5.
10.2.6.
10.4.1.
10.4.2.
10.4.3.
10.4.4.
10.4.5.
10.2.5. 10.2.6. 10.3. 10.4. 10.4.1. 10.4.2. 10.4.3. 10.4.4. 10.4.5.
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d) time off in lieu of payment for overtime hours; and
e) salary and all other payments paid each fortnight.
If an employee does not nominate a superannuation fund, the default
fund to which his or her superannuation contributions will be made by
Grampians Wimmera Mallee Water is the Local Authorities
Superannuation Fund (Vision Super), which is MySuper compliant.
Salary Increases and Once Off Lump Sum Payment
Initial Salary Increase
Salary rates in Schedule 1 of the Agreement shall be increased by 2% effective from the
first full pay period on or after 15/07/2022.
Annual Reviews
GWMWater shall review the performance and development of all employees covered by
this Agreement at least once each year.
GWMWater shall review the salaries of employees having regard to their performance and
skills and changes to their duties and responsibilities, but no employee shall be entitled to
an automatic salary increase or increment.
The effective date of any increase in salary as a result of the annual review process shall be
from the date of the first full pay period on or after 1 May.
Should an employee and the relevant manager or supervisor not agree on the outcome of
the review, then the employee may request a review by a more senior manager. Should
this lead to the employee having an increment withheld, the matter may be referred to the
Resolution of Disputes and Grievances clause.
An employee may seek a review from a more senior manager, invoke the dispute settling
procedure or may request a review of the outcome by an annual review assessment panel.
The panel shall comprise three members as follows:
One Management representative
One representative of the employee
One representative from the People and Culture Division
The membership of the panel shall be agreed prior to its formation.
The panel may hear submissions from the employee, supervisor and other relevant parties
as agreed and have access to the documentation of the performance review. The panel
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11.
11.1.
12.
10.4.6.
10.4.6. 11. 11.1. 12.
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will submit a report and if appropriate a recommendation to the relevant executive
manager for consideration.
Seeking an annual review assessment panel review does not impact on the employees
right to invoke the resolution of disputes and grievances clause.
Traineeships
Trainees may be employed under the conditions and rates of pay prescribed under
relevant Acts and Awards prevailing at the time. If a trainee is successful in obtaining a
position with GWMWater on completion of their traineeship, the trainee’s service will be
recognised for Long Service Leave accruals.
Salary Sacrifice and Salary Packaging
Salary sacrifice is available to employees covered by this Agreement for the
following:
a) Compulsory employee superannuation contributions, where permitted
by the relevant superannuation scheme and state government
legislation, provided that any additional superannuation contribution
tax is borne by the employee; and
b) Additional superannuation contributions to accumulation funds.
c) Members of the Revised, New, SERBS or Transport Superannuation
Schemes as administered by the Emergency Services and State
Superannuation Office (ESSSuper) may make salary sacrifice
contributions to such scheme provided that any additional
superannuation contributions tax is borne by the employee and related
Ministerial approval.
d) Salary sacrifice arrangements have been approved under the terms of
the relevant state super legislation.
e) Other items provided for in the relevant taxation legislation and agreed
by GWMWater.
GWMWater will implement these facilities on the basis that:
a) All such arrangements are in writing and signed by the employee and
authorised GWMWater representative;
b) In the event that there is a change in the cost to GWMWater of
providing the facility, arising from any cause whatsoever, GWMWater
shall have the right, after notification to the employee, to amend the
facility to reflect such changes to the employment benefits;
Overtime
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13.
14.
14.1.
14.2.
15.
13. 14, 14.1. 14.2. 15
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All employees covered by this Agreement must be reasonably available to work
planned and unplanned overtime in accordance with the requirements of their
work units.
Where an employee is required by their manager to work planned or unplanned
overtime (including approved travel time), the employee shall be paid at the
appropriate rate.
GWMWater may, on any day, require an employee to work reasonable overtime
to ensure the work requirements of GWMWater are met.
An employee may refuse to work overtime in circumstances where the working of
such overtime would result in the employee working hours which are
unreasonable having regard to:
Any risk to the employee’s health and safety;
The employee’s personal circumstances including any family
responsibilities;
The need of the workplace or enterprise;
The notice (if any) given by the employer of the overtime and by the
employee of his or her intention to refuse it; and
Any other relevant matter.
Employees required to perform overtime hours on a Monday to
Saturday (excluding a Public Holiday) shall be paid for the first two
hours of work performed at the rate of time and one half of the
ordinary hourly rate and for each hour of work performed thereafter at
double the ordinary hourly rate.
Employees required to perform overtime hours on a Sunday (excluding
a Public Holiday) shall be paid for each hour of work performed at the
rate of double the ordinary hourly rate.
Employees required to perform overtime hours on a Public Holiday
shall be paid for each hour of work performed at the rate of double time
and one half of the ordinary hourly rate.
An employee who is recalled to work to perform overtime duty shall be
paid not less than three hours work at the appropriate overtime rate
prescribed above.
Time off on an hour for hour basis in lieu of payment for overtime
hours may be taken by agreement between GWMWater and the
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15.2.
15.3.
15.3.1.
15.3.2.
15.3.3.
15.3.4.
15.3.5.
15.1. 15.2. 15.3. 15.3.1. 15.3.2. 15.3.3. 15.3.4. 15.3.5.
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employee, provided that, in the absence of agreement, payment shall be
made at the appropriate penalty rate.
All employees who are not on standby/availability must, within the spirit of the
Commitments clause of this Agreement, be reasonably available to be recalled to
duty to work overtime after they have finished their normal duties.
Employees have the right to refuse working overtime where it will cause
unreasonable hardship to themselves or dependants.
An employee recalled to work after completing his or her normal duties to
perform overtime duty, shall be paid for a minimum of three hours work at the
relevant overtime rate prescribed by the Agreement, provided they are not in
receipt of a standby/availability allowance.
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. Evidence of expenditure
incurred by the Employee must be provided to the Employer as soon as possible
after the working of such overtime.
Rest Period After Overtime
When overtime work is necessary it shall, be so arranged that employees have at
least ten consecutive hours off duty between the work of successive days.
An employee who works so much overtime that they have not had at least ten
consecutive hours off duty between the termination of ordinary work on one day
and the commencement of ordinary work on the next day, shall, subject to this
sub-clause, be released after completion of such overtime until they have had ten
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
Where an employee is recalled to work and such work does not exceed three
hours, clause 16.2 shall not apply.
In addition, employees who are recalled to duty on more than two occasions (of
less than three hours total duration) between the hours of 11.pm and 6.00am on
Sunday to Friday, shall be released from duty after the completion of such
overtime until a ten hour break has been taken without loss of pay for the
ordinary working time occurring during such absence.
Management of OHS Issues in Relation to Call Outs
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15.4.
16.
16.1.
16.2.
16.3.
16.4.
16.5.
15.4. 16. 16.1. 16.2. 16.3. 16.4. 16.5.
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Notwithstanding the foregoing, the parties acknowledge that circumstances may arise
where after hours call outs are of such a nature and/or duration as to create potential
health and safety concerns, if the employee involved were to subsequently work normal
hours without an appropriate rest break. In such circumstances, the relevant manager
shall be informed by the supervisor of the details of the employee’s call outs, and will
ensure that adequate and appropriate rest breaks are to be taken.
In order to effectively manage the health and safety issues associated with after-hours
duty, GWMWater may within reason:
a) Divert calls for call outs to alternative employees if an on duty employee has
received previous call outs; and/or
b) Relieve employees from availability duty if the frequency and duration of call outs
during the period of duty are sufficient to present a safety risk to the employee.
Standby/Availability Duty
The 24 hour a day nature of GWMWater's business means that service interruptions and
system failures occur regularly outside of normal hours.
All operations, maintenance and headworks employees must, within the spirit of Clause 46
- Commitments, of this Agreement, be reasonably available to participate in
standby/availability rosters for their work units.
Where disputes arise regarding the preparedness of an employee to participate in a roster,
the dispute resolution procedure contained in this Agreement shall be utilised.
Standby/availability means that the employee will be available continuously outside
normal working hours where they can be contacted and be able to take up duty within 15
minutes, provided that, in areas that have ineffective mobile phone or radio coverage this
period is extended to 30 minutes, and for reservoir keepers the period is extended to one
hour.
Employees who are rostered to be available shall be paid an availability allowance per
week (seven days) while on roster.
Availability Allowance ($)
15/07/2022 521
In addition to the allowance specified in this clause, an additional loading shall be paid for
each Public Holiday an employee is rostered for availability duty.
An employee required to fill the availability roster on a short term basis, would be entitled
to a percentage of the availability allowance on the basis of:
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Monday to Friday 10% -
Saturday, Sundays and Public
Holidays
25% -
Availability Allowance 15/07/2022
Monday to Friday 52.12
Saturday or Sunday 130.31
Public Holidays 130.31
An employee rostered on standby/availability duty, but who is unable due to their own
circumstances, to complete the full week, would have the availability allowance reduced
on the same basis.
An employee recalled to work while on standby/availability duty shall be entitled to a
minimum payment of two hours at overtime rates. Provided that, where the standby duty
officer is recalled to duty within two hours of normal starting time, they shall be paid at
the overtime rate prescribed in the agreement for the actual time worked up until the
normal commencement time.
An employee recalled to work after completing his or her normal duties (if not on
standby/availability duty) shall be paid for a minimum of three hours work at the
overtime rate prescribed by this Agreement
An employee required to fill in for another employee who is rostered to be on
standby/availability will receive a minimum of one days allowance at the appropriate
allowance rate.
Every attempt will be made by management to ensure standby rosters are developed to
ensure staff are rostered once every four weeks, where resources allow.
A minimum payment shall not apply to scheduled overtime that requires a return to work
after completion of the normal work day or weekend.
Telemetry On Call Allowance
Telemetry On call duty means that the designated employee, outside the normal hours of
work, will always be contactable by telephone and be able to telephone for duty or work
instructions. A weekly telemetry on call allowance as shown in this clause will be payable
in addition to payment for time worked at the appropriate penalty rate with a minimum
payment of one hour. Time reasonably spent in getting to and from work will be counted
as time worked.
Date 15/07/2022
Telemetry On Call Allowance 260
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17.1.
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In addition to the allowance specified in this clause, an additional loading shall be paid for
each Public Holiday an employee is rostered for availability duty.
An employee required to fill the availability roster on a short term basis, would be entitled
to a percentage of the availability allowance on the basis of:
Monday to Friday 10% -
Saturday, Sundays and Public
Holidays
25% -
Telemetry On Call
Allowance
15/07/2022
Monday to Friday 26.00
Saturday or Sunday 65.00
Public Holidays 65.00
Telephone/phone calls
a) Employees in receipt of an availability or on call allowance
(i.) Telephone enquiries that require immediate action including
reference to remote monitoring devices, assessment of alarm
criticality, provision of advice on critical issues etc. received by an
employee between the hours of;
5.00pm and 7.00am Monday to Friday
5.00pm Friday to 7.00am Monday
While on availability or on telemetry on call duty will be paid as a
telemetry call out at a minimum one hours pay at the applicable
overtime rate.
(ii.) All telephone enquiries received outside of the hours mentioned
above will not be claimed as overtime and/or call outs by
employees as the allowances paid provide a reasonable level of
compensation.
(iii.) Provided further that multiple phone calls received within a three
hour timeframe will be classified as one call.
(iv.) If an employee after receiving one or more telephone calls is
required to attend a call out within three hours of the original
telephone enquiry, the call out provisions will apply instead of the
telephone enquiries provisions.
b) Employees not in receipt of an availability or on call allowance
(i.) Employees who are not on availability or telemetry on call duty
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17.1.1.
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and received work related phone calls between completing their
ordinary hours on one day and commencing on the next day on
work related matters shall be paid a minimum of 1 hour at the
appropriate overtime rate.
Mon - Saturday - Time and a Half
Sunday - Double time
Public Holiday - Double time and a half
Training and Development
Provision of training and development for all employees will be a high priority both
during the life of this Agreement and subsequently, with particular emphasis on:
a) Clarifying job tasks and responsibilities;
b) Developing employee capability to meet GWMWater’s objectives, the ongoing
reform of the water industry and their own career development;
c) Align where possible training programs and initiatives to relevant industry
training packages;
d) Reinforcing the understanding of and involvement in continuous improvement
principles and practice;
e) Developing leadership/management skills and capability;
f) Developing appropriate human resource and industrial relations skills for all
employees in leadership positions and for employees with workplace
representation responsibilities;
g) Enhancing technical skills; and
h) Improving skills in use of information technology to ensure maximum use of the
capability of systems and equipment installed.
i) Developing where appropriate, a mentoring and rotation program for professional
graduates and administrative trainees, and other employees that provides the
employees with an opportunity to enhance their career prospects by broadening
their work experience and gaining new skills.
j) A duly elected representative of a union covered by this agreement shall be
entitled to up to 10 days paid leave over two years to attend trade union training
courses. Such release must not unduly effect the operation of GWMWater in
which the employee is employed.
Higher Duties
Where an employee is required by management to undertake the full duties of a higher
classification under this Agreement for a period of:
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19.
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a) one day or more for employees acting in a first line supervisory capacity, ie
Supervisors or Team Leaders where a primary function of the position is to
allocate tasks to a workgroup on a daily basis
b) one day or more for Band A Operations employees acting in Band B positions in
remote areas where communication with/or assistance from an appropriate more
Senior Officer is impractical
c) five days or more for all other employees, or on a regular and systematic basis
d) Senior Officers required to undertake executive manager roles for five days or
more will be entitled to be paid higher duties at the minimum of the GSERP salary
range for the whole of that period,
and the employee meets the specified experience and expertise requirements of
that higher classification, the employee shall be paid the minimum pay point of
the higher classification.
Where the employee does not meet the experience and expertise requirements of
the higher classification, the parties may agree on a level of payment appropriate
to the duties to be undertaken.
A Band A employee providing on the job training shall be regarded as being on
higher functions at Band B level for the duration of that training on the proviso
that the qualifying periods specified above are met.
Travelling to Work
An employee who is required to work temporarily at a location other than the normal
work location shall be granted time off (calculated to the nearest 15 minutes), for travelling
time in excess of 15 minutes each way each day over the time reasonably spent travelling
to the normal place of work or paid at the appropriate rate for this excess time.
Workers Compensation Leave/Accident Make Up Pay
GWMWater shall pay an employee accident make-up allowance where the
employee receives an injury for which weekly payments of compensation are
payable by or on behalf of GWMWater pursuant to the provisions of the Accident
Compensation Amendment Act 2010. This will include any employer superannuation
payments under the Superannuation Guarantee.
Accident make-up allowance means a payment of an amount being the difference
between the weekly amount of compensation paid to the employee pursuant to
the Accident Compensation Amendment Act 2010 and the employee's normal rate of
pay as defined, or where the incapacity is for a lesser period than one week the
difference between the amount of such compensation and the rate of pay for that
period.
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20.
21.
21.1.
21.2.
20. 21. 21.1. 21.2.
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GWMWater shall pay or cause to be paid accident make-up allowance during the
incapacity of the employee within the meaning of the Accident Compensation
Amendment Act 2010. Such payment shall not be paid:
a) in excess of a continuous period of 52 weeks; or
b) in excess of an aggregate period of 52 weeks in respect of a particular injury
or incapacity;
c) without the approval of GWMWater.
The liability of GWMWater to pay accident make-up allowance pay in accordance
with this clause shall arise as at the date of the injury or accident in respect of
which compensation is payable and the termination of the employee's
employment for any reason during the period of any incapacity shall in no way
affect the liability of GWMWater to pay accident make-up allowance as provided
in this clause.
In the event that the employee receives a lump sum in redemption of weekly
payments under the Accident Compensation Amendment Act 2010, the liability of
GWMWater to pay accident make-up allowance in relation to that injury shall
cease from the date of such redemption.
The employee shall repay any payments made in settlement of a claim for civil
damages in connection with the injury to the extent that the judgment or
settlement specifically compensates the injured employee for accident make-up
allowance payments made under this clause.
Where an employee is off duty as a result of an injury or accident for which
GWMWater is liable for accident make-up allowance under this clause, such
employee shall be entitled to return to duty on alternate duties should the
employee's treating medical practitioner so recommend for the purposes of
rehabilitation, in accordance with the Employer Rehabilitation Policy and
provided suitable work is available without prejudice to other employees.
For an injury incurred prior to the proclamation of the Accident Compensation
Amendment Act 2010, reference to that Act shall be deemed to be references to the
Workers Compensation Act.
No leave entitlement shall be accrued after 52 weeks under this clause.
Leave
Unplanned Absences
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21.3.
21.4.
21.5.
21.6.
21.7.
21.8.
21.9.
22.
22.1.
21.3. 21.4. 21.5. 21.6. 21.7. 21.8. 21.9. 22. 22.1.
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Unplanned absences shall be advised to the employer as soon as possible, in
accordance with normal custom and practice, and the employer's approval of that
unplanned absence shall be sought at the first available opportunity.
Annual Leave
Entitlement
Every full-time employee shall be entitled to four weeks Annual Leave after
twelve months continuous service.
Annual leave for seven day shift workers
In addition to the leave prescribed in clause 22.2.1 seven day shift workers, that is
shift workers who are rostered to work regularly on Sundays and Public Holidays
shall be entitled to seven consecutive days leave including non-working days.
Employee rostered to work ordinary hours across the week
An employee who regularly works ordinary hours of duty rostered over seven
days of the week including Sundays and Public Holidays shall:
a) where the employee performs ordinary duty on at least ten Sundays
during the accrual period, be entitled to additional recreation leave of
one week; or
b) where the employee performs ordinary duty on less than ten Sundays
during the period of leave accrual, be entitled to additional recreation
leave at the rate of 1/10th of a week in respect of each Sunday so
worked.
Provided that rostered Sunday overtime shall be deemed to be counted for the
purposes of this clause where such work is of more than three hours duration.
Broken service
In determining the entitlement of an employee to Annual Leave, there shall not be
regarded as service periods where the employee was absent without pay in excess
of one month. There shall be included, however, all periods of paid leave and any
Public Holidays taken.
Public holidays
The following days are appointed as public holidays in accordance with the Public
Holidays Act 1993 —
a) 1 January (New Year's Day);
b) the Monday after 1 January (New Year's Day) when New Year's Day is
a Saturday or Sunday;
c) 26 January (Australia Day) or the Monday after Australia Day when
Australia Day is a Saturday or Sunday;
d) the second Monday in March (Labour Day);
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22.2.
22.2.1.
22.2.2.
22.2.3.
22.2.4.
22.2.5.
22.2. 22.2.1. 22.2.2. 22.2.3. 22.2.4. 22.2.5.
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e) Good Friday;
f) the Saturday before Easter Sunday;
fa) Easter Sunday
g) Easter Monday;
h) 25 April (ANZAC Day);
i) the second Monday in June (the day on which the anniversary of the
birthday of the Sovereign is observed);
ia) the Friday before the Australian Football League Grand Final;
j) the first Tuesday in November (Melbourne Cup Day);
k) 25 December (Christmas Day);
ka) the Monday after Christmas Day when Christmas Day is a
Saturday or the Tuesday after Christmas Day when Christmas
Day is a Sunday;
l) 26 December (Boxing Day);
m) the Monday after 26 December (Boxing Day) when Boxing Day is a
Saturday or the Tuesday after Boxing Day when Boxing Day is a
Sunday.
Additional public holidays
In addition to the days specified in clause Public holidays22.2.5 and in accordance
with the Public Holidays Act 1993 -
1. the Minister may, by notice published in the Government Gazette,
appoint another one or more days or half-days as public holidays or
public half-holidays;
2. A notice under subsection (1)(a) may be expressed so as to apply—
a) throughout the whole of the State or in a specified part of the
State; or
b) to all persons to whom and bodies to which this Act applies or
to a specified class of persons or bodies; or
c) as specified in both paragraphs (a) and (b).
Substituted public holidays
1. Subject to section 8A of the Public Holidays Act 1993, the Minister, by
notice published in the Government Gazette, may—
a) declare that a day appointed—
i. as a public holiday under section 6; or
ii. as a public holiday or public half-holiday under section
7(1)(a); or
iii. as a public holiday or public half-holiday under this
subsection— is not in a specified year such a holiday; and
b) appoint—
i. in the case of a public holiday, another day or 2 half-days;
ii. in the case of a public half-holiday, another half-day or day;
iii. in the case of 2 public half-holidays, another day— as a
public holiday or public half-holiday in that year.
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2. A notice under subsection (1) may be expressed so as to apply—
a) throughout the whole of the State or in a specified part of the
State; or
b) to all persons to whom and bodies to which this Act applies or to a
specified class of person or body; or
c) as specified in both paragraphs (a) and (b).
3. The day, half-day or 2 half-days appointed under subsection (1)
replaces or replace the public holiday, public half-holiday or public
half-holidays for which the day, half-day or 2 half-days was or were
substituted.
Leave to be taken
Annual Leave will be given and taken in such period or periods and at such time
or at such times mutually convenient to GWMWater and the employee.
Further, application for and approval of taking of annual leave shall recognise the
essential nature of the services provided by employees and such leave will not
generally be granted during peak operational periods.
Proportionate leave on termination
Any employee who leaves the employment of GWMWater after having given the
prescribed period of notice or whose services are terminated shall be paid (or his
or her legal representative in the case of the death of the employee) an amount
calculated on the basis of 1/12th of an ordinary week's pay in respect of each
completed five working days of continuous service with GWMWater, for which
leave has not previously been granted.
Payment
Payments in respect of periods of annual leave will be made through the period of
leave in accordance with normal pay arrangements.
Calculation of continuous service
For the purpose of this clause the following absences:
a) Absence without leave;
b) Leave without pay;
c) To the extent that it exceeds 52 weeks in the one year of employment
any absence in respect of which the employee receives or is entitled to
receive workers compensation pursuant to an Act of Parliament
relating to workers compensation will delay by that period the
completion of a year of continuous service but will not break the
continuity of service.
Annual close down
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22.2.6.
22.2.7.
22.2.8.
22.2.9.
22.2.10.
22.2.6. 22.2.7. 22.2.8. 22.2.9. 22.2.10.
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Where GWMWater decides to close down part or all of the business at the
Christmas/New Year period and requires employees to take a period of annual
leave, then employees shall be provided with at least two months’ notice of its
intention to do so.
Provided that where an employee has insufficient accrued annual leave they will
be given the option of:
a) Taking annual leave in advance;
b) Taking Leave Without Pay;
c) Accrued RDOs or Time in Lieu; or
d) Working during the period of close down
Management of excessive leave
a) Maximum annual leave/rostered time off/time in lieu entitlements
(i.) GWMWater respects right of employees to accrue annual leave
entitlements in accordance with this Agreement and provides
additional opportunities to achieve work life balance with a
structured system of rostered days off and access to time off in
lieu under the provisions of this Agreement.
(ii.) To prevent excessive build-up of entitlements and a loss of
enjoyment of those opportunities, the parties have agreed to
implement maximum entitlements as follows:
Annual Leave 40 days (24 months entitlements)
RDO/ADO 5 days
Time in Lieu 5 Days
Annual leave entitlements shall be deemed to include accrued
entitlements and pro rata accrual of the current year’s entitlement.
(iii.) Where an employee has accrued annual leave entitlements in
excess of the agreed maximum entitlements, the employee will be
requested to develop a leave reduction plan with his or her
manager within four weeks of exceeding the maximum
entitlement.
(iv.) Where an agreed plan is not provided in the required period, the
employee may be directed to take annual leave on dates specified
by the manager to bring the leave balance within the limits
specified above. Likewise if the employee has genuinely tried to
reach agreement with their manager but agreement is not reached
the employee may give written notice to the manager requesting
to take leave. The employee may elect to receive payment for
annual leave entitlements or RDO in excess of the agreed
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22.2.11.
22.2.11.
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maximum limits at their normal time rate rather than take leave as
directed. Further the employee may elect to direct the payment (if
it exceeds five days) into a complying superannuation fund.
(v.) Employees are notified of their annual leave, RDO entitlements
(and accrual) on a fortnightly basis. Employees may make
application to the relevant executive manager to exceed the
maximum limit to meet special circumstances. Such applications
must state the reasons for seeking to exceed the leave limits and a
plan detailing how and when the employee's excess leave
entitlements are proposed to be taken. Such applications will be
considered in light of the employee's overall leave balance, and
the organisational operational needs.
(vi.) Both GWMWater and the Consultative Committee commits to
review the operation of this clause on an annual basis and shall
consider the overall liability of GWMWater with respect to these
entitlements, the effect on maintaining normal operational
activities and employee feedback.
Purchase leave scheme
a) Notwithstanding any other provision of this agreement, an employee
may, with the agreement of the employer, work a 48/52, 49/52, 50/52
and 51/52 weeks per year. Access to this entitlement may only be
granted on application from an employee and cannot be required as a
precondition of employment.
b) Where the Employer and an employee agree to a reduction in the
number of working weeks under clause 22.2.12(a) the employee will
receive additional annual leave as follows.
Model Additional leave Total leave
48/52 4 weeks annual leave 8 weeks in total
49/52 3 weeks annual leave 7 weeks in total
50/52 2 weeks annual leave 6 weeks in total
51/52 1 weeks annual leave 5 weeks in total
c) The employee will receive a salary equal to the period worked (e.g. 48
weeks) which will be spread over a 52 week period; and
d) Accrual of sick leave and long service leave by the employee shall
remain unchanged.
e) The employer will endeavour to accommodate employee requests for
arrangements under this clause, and where such requests are granted
will make proper arrangements to ensure that the workloads of other
employees are not unduly affected and that excessive overtime is not
required to be performed by other employees as a result of these
arrangements.
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22.2.12.
22.2.12.
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f) 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.
Long Service Leave
Entitlement
Long Service Leave entitlements are provided for in the Water (Long Service
Leave) Regulations 2011.
An employee who has completed ten years’ service shall be entitled to 494 hours
long service leave on ordinary pay. An employee shall be entitled to a further 247
hours Long Service Leave with pay for each additional period of five years
continuous employment with GWMWater.
An Employee is entitled to take long service leave on a pro-rata basis after seven
years of continuous employment, and at any time after that.
An employee who with not less than seven completed years of service resigns or
whose services are terminated shall, 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.
Pro Rata Entitlement
An employee may access their Long Service Leave entitlement, on a pro rata basis,
after an initial seven years of continuous service.
Where the service of an employee with not less than four completed years of
service, is terminated on account of age, ill health, retrenchment, or by death, the
employee or their legal representative of the employee shall receive payment of a
sum representing pay for the service equal to 1/40th of the period of service.
Provided that any public holiday that occurs during the period of long service
leave shall not be regarded as part of the leave.
Jury Service
An employee required to attend for jury service during their ordinary hours of
work will be reimbursed by the employer an amount equal to the difference
between the amount paid in respect of their attendance for such jury service and
the amount of wage they would have worked had they not been on jury service.
An employee will notify their employer as soon as possible of the date upon
which they are required to attend for jury service.
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22.3.
22.3.1.
22.3.2.
22.4.
22.3. 22.3.1. 22.3.2. 22.4.
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Further, the employee will give their employer proof of their attendance, the
duration of such attendance and the amount received in respect of such jury
service.
Special Leave
Employees can make application for special leave for exceptional personal, family,
community, cultural, emergency or other obligations on either a paid or unpaid
basis.
Applications for such leave must be in writing and will be considered on a case by
case basis by the Managing Director or authorised delegate giving consideration to
balancing the needs of the individual and the operational needs of GWMWater.
Family Violence Leave
General Principle
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 committed to providing support to staff that
experience family violence.
Leave for family violence purposes is available to employees who are experiencing
family violence, and also 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.
Definition of Family Violence
Family violence includes physical, sexual, financial, verbal or emotional abuse by
a family member as defined by the Family Violence Protection Act 2008 (Vic).
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.
General Measures
a) Evidence of family violence may be required and can be in the form an
agreed document issued by the Police Service, a Court, a registered
health practitioner, a Family Violence Support Service, district nurse,
maternal and health care nurse or Lawyer. A signed statutory
declaration can also be offered as evidence.
b) All personal information concerning family violence will be kept
confidential in line with the Employer’s policies and relevant
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22.5.
22.6.
22.6.1.
22.6.2.
22.6.3.
22.6.4.
22.5. 22.6. 22.6.1. 22.6.2. 22.6.3. 22.6.4.
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legislation. No information will be kept on an Employee’s personnel file
without their express written permission.
No adverse action will be taken against an Employee if their attendance
or performance at work suffers as a result of experiencing family
violence.
The Employer will identify contact/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.
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.
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 22.6.5 and clause 22.6.6.
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.
Leave
a) An employee experiencing family violence will have access to 20 days
per year of paid special leave following an event of family violence and
for related purposes such as 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 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 22.7.1 (e) from an Employee seeking to
utilise their personal/carer’s leave entitlement.
Individual Support
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22.6.5.
22.6.6.
22.6.5. 22.6.6.
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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 or
hours and/or shift patterns;
(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 may revert back 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.
Personal Leave
The provisions of this clause apply to full-time and regular part-time employees. See
Clause 7.2 for casual employees’ entitlements.
Amount of paid personal/carer’s leave
a) Paid personal/carer’s leave will be available to an employee when they
are absent because of:
(i.) personal illness or injury; or
(ii.) personal illness or injury of an immediate family or
household member who requires the employee's care and
support; or
(iii.) an unexpected emergency affecting an immediate family or
household member; or
(iv.) the requirement to provide ongoing care and attention to
another person who is wholly or substantially dependent on
the employee, provided that the care and attention is not
wholly or substantially on a commercial basis.
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22.7.
22.7.1.
22.7. 22.7.1.
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b) Personal leave of:
(i.) 15 Days/114hours will be available in the first year of service
(ii.) 15 Days/114hours will be available per annum in the second
and subsequent years of service.
c) An employee’s entitlement accrues progressively during a year of
service according to the employee’s ordinary hours of work, and
unused personal/carer’s leave accumulates from year to year.
d) Personal / Carers Leave can be taken at half pay. During this time
accrual for all leave will continue to be calculated at the employee’s
ordinary fortnightly hours of work.
e) For any period of personal leave exceeding three days continuous
absence, an employee shall furnish either satisfactory certificate by a
registered medical practitioner or a statutory declaration setting out the
cause of such absence.
Provided that:
(i.) In respect to any absence of three days or less, the employee
may be required by GWMWater to furnish, at the option of
the employee, either a certificate by a registered medical
practitioner or a statutory declaration, setting out the cause
of the absence.
(ii.) If the number of days during which an employee is absent in
any one year of service without medical certificates or
statutory declarations exceeds five days in aggregate, the
number of days absence in excess of the five days may be
deducted from the employees annual leave or be granted as
sick leave without pay, on the employees election.
(iii.) An Employee must give the Employer notice of the taking of
personal/ carer’s leave under this clause. The notice: (a)
must advise the Employer of the period, or expected period,
of the leave; and (b) must be given to the Employer as soon
as practicable, which may be a time after the
personal/carer’s leave has started.
(iv.) All documentation must be stored on the employee personal
file and be treated confidentially.
Immediate Family or Household
The term immediate family includes:
a) spouse (including a former spouse, a de facto partner and a former de facto
partner) of the employee. A defacto 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); and
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22.8.
22.8.
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b) child or an adult child (including an adopted child, a step child or an exnuptial
child), parent, grandparent, grandchild or sibling of the employee or spouse of the
employee.
Use of Accumulated Personal/Carer’s Leave
An employee is entitled to use accumulated personal/carer’s leave for the purposes of this
clause where the current year's personal/carer’s leave entitlement has been exhausted.
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.
Unpaid Personal Leave
Where an Employee has exhausted all paid personal/carer’s leave entitlements, they are
entitled to take unpaid carer’s leave to provide care and support in the circumstances
outlined in 22.7.1(b), (c), or (d). The organisation and the Employee will agree on the
period. In the absence of agreement, the Employee is entitled to take two days' unpaid
carer’s leave per occasion.
Casual Employees – Caring Responsibilities and Compassionate Leave
a) Casual employees are entitled to be unavailable to attend work or 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; or
upon the death in Australia of an immediate family or household
member.
b) The organisation and the employee will agree on the period for which the
employee will be entitled to be unavailable to attend work. In the absence of
agreement, the employee is entitled to not be unavailable to attend work for up to
two days per occasion. The casual Employee is not entitled to any payment for the
period of non-attendance.
c) The organisation will require the casual employee to provide satisfactory evidence
to support the taking of this leave.
Parental Leave
Application
Full time, part time and Eligible Casual Employees are entitled to parental leave
under this clause if:
a) the leave is associated with:
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22.9.
22.10.
22.11.
22.12.
22.13.
22.13.1.
22.9. 22.10. 22.11. 22.12. 22.13. 22.13.1.
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i. the birth of a child of the Employee or the Employee’s Spouse; 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.
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).
c) Child means:
i. in relation to birth-related leave, a child (or children from a multiple
birth) of the Employee or the Employee’s Spouse;
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 is the primary carer 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. In most cases the
Primary Caregiver will be the birth mother of a newborn or the initial
primary carer of a newly adopted child.
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
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22.13.2.
22.13.2.
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the Employee as husband, wife or same sex partner on a bona fide
domestic basis, whether or not legally married to the Employee.
Summary of Parental Leave Entitlements
Parental leave entitlements in this clause are summarised in the following table.
Paid leave Unpaid leave Total
Primary Caregiver
More than 12 months service 15 Weeks 37 Weeks 52 Weeks
Less than 12 months service 0 Up to 52 weeks 52 weeks
Eligible casual employee 0 Up to 52 weeks 52 weeks
Secondary Caregiver
More than 12 months service 3 weeks Up to 49 weeks 52 weeks
Less than 12 months service 0 Up to 52 weeks 52 weeks
Eligible casual employee 0 Up to 52 weeks 52 weeks
Pre-natal leave
Pregnant employee Personal
Leave
Spouse Personal
Leave
Permanent Care Leave
More than 12 months service Personal
Leave
Up to 52 weeks 52 weeks
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22.13.3.
22.13.3.
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Paid leave Unpaid leave Total
Less than 12 months service Personal
Leave
Up to 52 weeks 52 weeks
Grandparent Leave Personal
Leave
Up to 52 weeks 52 weeks
Parental Leave – Primary Caregiver
a) An Employee who has, or will have, completed at least twelve months
paid Continuous Service and who will be the Primary Caregiver at the
time of the birth or adoption of their Child, is entitled to up to 52 weeks
parental leave, comprising:
i. 15 weeks paid parental leave; and
ii. up to 37 weeks unpaid parental leave.
b) An Employee who will be the Primary Caregiver but has not completed at
least twelve months paid Continuous Service at the time of the birth or
adoption of their Child, is entitled to up to
52 weeks unpaid parental leave.
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 must be for
a single continuous period.
Parental Leave – Secondary Caregiver
a) An Employee who has, or will have, completed at least twelve months
paid Continuous Service and who will be the Secondary Caregiver at the
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22.13.4.
22.13.5.
22.13.4. 22.13.5.
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time of the birth or adoption of their Child, is entitled to up to 52 weeks
parental leave, comprising:
i. 3 weeks paid parental leave; and
ii. up to 49 weeks unpaid parental leave.
b) An Employee who will be the Secondary Caregiver but has not completed
at least twelve 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.
Pre Natal Leave
a) A pregnant Employee may take any paid and/or unpaid personal/carer’s
leave in accordance with clause 22.7 to enable the Employee to attend
routine medical appointments associated with the pregnancy. The
Employer should be flexible enough to allow the Employee the ability to
leave work and return on the same day.
a) An Employee who has a Spouse who is pregnant may take any paid
and/or unpaid personal/carer’s leave in accordance with clause 22.7 to
enable the Employee to attend routine medical appointments associated
with the pregnancy.
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.
Unpaid leave is available to casual Employees.
Pre-adoption leave
a) An Employee seeking to adopt a Child is entitled to unpaid leave for the
purpose of attending any compulsory interviews or examinations as are
necessary as part of the adoption procedure.
b) The Employee and the Employer 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 Employer may require
the Employee to take such leave instead.
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22.13.6.
22.13.7.
22.13.6. 22.13.7.
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d) The Employer may require the Employee to provide satisfactory evidence
supporting the leave.
Permanent Care Leave
a) If, pursuant to the Children, Youth and Families Act 2005 (Vic) or any
successor to that legislation, 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 12 months unpaid career’s
leave at a time to be agreed with the Employer.
Grandparent Leave
a) 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.
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 22.13.12(b).
b) The Employer may require the Employee to start parental leave if the
Employee:
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.
Personal/Carer’s Leave
a) 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 22.7.
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 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.
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22.13.8.
22.13.9.
22.13.10.
22.13.11.
22.13.12.
22.13.8. 22.13.9. 22.13.10. 22.13.11. 22.13.12.
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If there is no safe job available, the employee is entitled to take paid no safe job 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.
iii. The entitlement to no safe job leave is in addition to any other leave
entitlement the Employee has.
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
22.7;
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 22.13.3
and thereafter, to unpaid special maternity leave.
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.
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 22.13.14(a), unless it is not practicable to do so.
The Employer may require the Employee to provide evidence which would satisfy a
reasonable person of:
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22.13.13.
22.13.14.
22.13.13. 22.13.14.
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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.
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.
Commencement of parental leave
a) An Employee who is pregnant may commence Primary Caregiver
parental leave at any time within 14 weeks prior to the expected date of
birth of the Child. The period of parental leave must commence no later
than the date of birth of the Child.
In all other cases, Primary Caregiver parental leave commences on the day of birth or
placement of the Child.
Secondary caregiver parental leave may commence on the day of birth or placement
of the Child.
The Employer and Employee may agree to alternative arrangements regarding the
commencement of parental leave.
Unless otherwise agreed, any entitlement to paid parental leave will be paid from the
date of commencement of parental leave.
Single period of parental leave
Parental leave is to be available to only one parent at a time, in a single unbroken
period, except in the case of concurrent leave.
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.
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.
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.
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
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22.13.15.
22.13.16.
22.13.17.
22.13.18.
22.13.15. 22.13.16. 22.13.17. 22.13.18.
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accrued subject to the total amount of leave not exceeding 52 weeks or a
longer period as agreed under clause 22.13.20(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.
Unpaid parental leave under clauses 22.13.4, 22.13.5, 22.13.20 and 22.13.22
shall not break an Employee’s continuity of employment but it will not
count as service for leave accrual or other purposes.
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.
Keeping in touch days must be agreed and be in accordance with section
79A of the Fair Work Act 2009.
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 22.13.4 or 22.13.5, 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 22.13.4 or
22.13.5 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.
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
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22.13.19.
22.13.20.
22.13.19. 22.13.20.
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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 22.13.4 or 22.13.5 will reduce by the period of any
extension taken by a member of the couple under clause 22.13.20.
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.
The average number of weekly hours worked by the Employee,
determined in accordance with clause 22.13.21(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.
Despite clause 22.13.21(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.
b) 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.
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.
Returning to Work
a) Returning to work early
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22.13.21.
22.13.22.
22.13.23.
22.13.21. 22.13.22. 22.13.23.
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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 22.13.23(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
22.13.12 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 21.13.23(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.
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
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22.13.24.
22.13.24.
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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.
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 22.13.24(a).
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.
The Employee must make an application for Extended Family Leave each
year.
An Employee will not be entitled to paid parental leave whilst on
Extended Family leave.
Upon return to work the Employer may reallocate the Employee to other duties.
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.
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.
It is agreed that the limitation in clause 7.4 on the use of fixed term
employment to replace the Employee does not apply in this case.
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.
Bereavement/Compassionate Leave
Amount of Compassionate Leave
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23.
23.1.
22.13.25.
22.13.26.
22.13.27.
22.13.25. 22.13.26. 22.13.27. 23. 23.1.
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Employees are entitled 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:
a) contracts or develops a personal illness that poses a serious threat
to his or her life;
b) sustains a personal injury that poses a serious threat to their life;
or
c) dies.
Any unused portion of compassionate leave will not accrue from year
to year and will not be paid out on termination.
Such leave does not have to be taken consecutively.
An employee may take unpaid compassionate leave by agreement with
the employer, or in exceptional circumstances additional paid leave up
to 5 days in total per occasion may be granted.
The organisation will require the employee to provide satisfactory
evidence to support the taking of compassionate leave.
Leave to Engage in Emergency Service Activities
An employee who is a member of a voluntary emergency service organisation
including, but not limited to, the Country Fire Authority, Red Cross, State
Emergency Service and St John Ambulance may be released from normal duty
without loss of pay where an emergency situation arises that requires the
attendance of the employee subject to the operational needs of GWMWater.
An employee who is required to attain qualifications or to re-qualify to perform
activities in an emergency relief organisation may be granted leave with pay for
the period of time required to fulfil the requirements of the training course
pertaining to those qualifications, provided that such training can be undertaken
without unduly affecting the operations of the Agency in which the employee is
employed.
Participation in Sporting Events
Leave with pay up to a maximum of two weeks in any two year period may be granted to
an Employee to participate either as a competitor or an official in any non-professional
state, national or international sporting event.
Defence Reserve Leave
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24.
24.1.
24.2.
25.
26.
23.1.1.
23.1.2.
23.1.3.
23.1.4.
23.1.5.
23.1.1. 23.1.2. 23.1.3. 23.1.4. 23.1.5. 24. 24.1. 24.2. 25. 26.
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An Employee required to complete Defence Reserve service may be granted Leave
Without Pay to undertake that service. Staff may use Annual Leave, Long Service Leave or
Rostered Days Off.
Staff who utilise Leave Without Pay will have that service recognised for Long Service
Leave purposes
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.
Leave to Engage in Voluntary Community Activities
An Employee who is elected to a Municipal Council must be granted leave with pay to
fulfil their official functions during their term of office as follows:
a) Mayor or Shire President – up to three hours per week, or where special occasions
arise, six hours per fortnight; or
b) Councillor – up to three hours per fortnight, or where special occasions arise, six
hours per month.
An Employee who is elected to a committee of management of a community organisation
may, if the Employer agrees, be granted leave with pay to fulfil their official functions
during their term of office as follows:
a) Chair or President – up to three hours per week, or where special occasions arise,
six hours per fortnight; or
b) Committee Member – up to three hours per fortnight, or where special occasions
arise, six hours per month.
Study Leave
The Employer may grant to any Employee paid leave to undertake an accredited course of
study provided by an educational institution or registered training organisation.
In determining whether to grant study leave, the Employer will consider matters such as
the relevance of the proposed study to the Employee’s employment, alignment to
organisational goals and the reasonable operational requirements of the Employer.
An Employee may be granted sufficient paid leave to enable travel to and attendance of
up to seven hours of classroom activity or related project work per week.
The Employer may grant additional leave with or without pay as considered necessary.
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28.
27. 28.
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An Employee may be granted up to five days’ paid leave per annum 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.
An Employee completing an accredited course through the submission of major project
work may be entitled to five days leave per annum for the purposes of finalising such
project work.
Job Share
An employee may be granted approval to reduce their hours of work under a job share
arrangement. All benefits and entitlements shall be reduced on a pro-rata basis to match
the reduced hours. Any agreement for job share arrangements shall be in writing and
specify the duration of the arrangement.
The parties recognize that job share arrangements may not be appropriate for many
positions within the organisation.
Expenses
Employees who are required to stay overnight away from their normal residence shall be
reimbursed for the reasonable costs of accommodation and meals.
Where an employee is required to stay overnight away from his or her normal place of
residence, an incidentals allowance equivalent to the ATO rate at the time shall be paid in
addition to the reimbursement of costs.
Where available, staff should generally seek to stay in accommodation equivalent to three
to four star standard. In locations where the best available accommodation is not
equivalent to three to four star standard then the next best available accommodation
should be sought.
Expenditure on meals should be consistent with the accommodation selected or what
would be expected to be available at a mid-range café, restaurant or hotel dining room.
Reimbursement is made upon production of receipts for reasonable expenses incurred in
the conduct of business on behalf of GWMWater.
Use of Private Vehicles
Where GWMWater agrees that an employee use a private (comprehensively insured,
registered and roadworthy) vehicle on GWMWater business will be paid in accordance
with ATO published allowance rates for each kilometre travelled.
Adjustment of Allowances
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30.
31.
32.
29. 30 31. 32.
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The following allowances shall be increased by the same % as the salary rates increase in
accordance with Clause 11 – Salary Increases:
a) Meal Allowance
b) Availability/Standby Allowance.
The operative date will be the same as that for the salary increase.
The following allowances shall be increased to reflect increases in relevant rates set by the
ATO as a reasonable expense:
a) Incidental Expenses Allowance
b) Km rates for use of private vehicle on GWMWater business.
Such rates will be adjusted as at 1 July each year.
Right of Entry and Communication
Right of entry refers to the rights and obligations of permit holders (generally a union
official) to enter work premises. A permit holder must have a valid and current entry
permit from Fair Work Commission and, generally, must provide 24 hours’ notice of their
intention to enter the premises. Entry may be for discussion purposes, or to investigate
suspected contraventions of workplace laws that affect a member of the permit holder’s
organisation or occupational health and safety matters. A permit holder can inspect or
copy certain documents, however, strict privacy restrictions apply to the permit holder,
their organisation, and your employer.
A duly elected representative of a union respondent to this agreement shall be released
from normal duties for such periods of time as may be reasonably necessary to enable him
or her to carry out his or her representative functions including, but not limited to,
investigating any alleged breach of this Agreement, endeavouring to resolve any dispute
arising out of the operation of this Agreement, participating in any bargaining,
conciliation or arbitration process conducted under the provisions of the Fair Work Act
2009. Such release must not unduly affect the operations of GWMWater in which the
Employee is employed.
A duly elected representative of the union shall be permitted by GWMWater to post
written material authorised by the union in a place within the workplace to which union
members have convenient access, and to distribute such written material by appropriate
means to union members.
Employees will be allowed reasonable access to electronic communication devices to
facilitate communication between Employees and/or the union, provided that such
communication is not offensive or improper.
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33.
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GPS
To further improve safety and customer service using GPS type technology solutions, in-
vehicle monitoring devices, mobile tracking devices or aps, or CCTV systems may be
introduced and/or installed in vehicles or in the workplace. If implemented, this
technology may be used for performance management or misconduct investigations as
secondary information to support the establishment of facts and events, and will adhere to
the requirements of the Surveillance Devices Act 1999 and Privacy and Data Protection Act
2014. This technology will not be used to initiate any investigation.
Consultative Committee
The parties agree to ongoing consultation on matters referred to in this Agreement both
directly and through the GWMWater Consultative Committee which comprises
representatives from Management and the workplace.
The Committee shall comprise five representatives of employees and unions, three
Management representatives and shall meet at least four times per year and at other times
as deemed necessary.
Either Management or employee representatives may request the Consultative Committee
to meet.
Amongst other things the role of the Committee is to:
a) Monitor the implementation and operation of the Agreement; and
b) Review and provide input into policy that effects employment matters
Introduction of Change/ Consultation
This clause applies if the employer:
a) has made a definite decision to introduce a major change to production,
program, organisation, structure or technology in relation to its enterprise
that is likely to have a significant effect on the employees; or
b) proposes to introduce a change to the regular roster or ordinary hours of
work of employees.
Major change
For a major change referred to in paragraph (36.1)(a):
a) the employer must notify the relevant employees and the unions party to this
agreement or any employee nominated representative if any of the decision
to introduce the major change; and
b) subclauses (36.3) to (36.9) apply.
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34.
35.
36.
36.1.
36.2.
34 35. 36. 36.1. 36.2.
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The relevant employees may appoint a representative for the purposes of the
procedures in this term.
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.
As soon as practicable after making its decision, the employer must:
a) discuss with the relevant employees and their nominated representative:
(i.) the introduction of the change; and
(ii.) the effect the change is likely to have on the employees; and
(iii.) measures the employer is taking to avert or mitigate the adverse effect
of the change on the employees; and
b) for the purposes of the discussion—provide, in writing, to the relevant
employees:
(i.) all relevant information about the change including the nature of the
change proposed; and
(ii.) information about the expected effects of the change on the employees;
and
(iii.) any other matters likely to affect the employees.
However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
The employer must give prompt and genuine consideration to matters and
proposals raised about the major change by the relevant employees.
If a term in this agreement provides for a major change to production, program,
organisation, structure or technology in relation to the enterprise of the employer,
the requirements set out in paragraph (36.2)(a) and subclauses (36.3) and (36.5) are
taken not to apply.
In this term, a major change is likely to have a significant effect on employees if it
results in:
a) the termination of the employment of employees; or
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36.3.
36.4.
36.5.
36.6.
36.7.
36.8.
36.9.
36.3. 36.4. 36.5. 36.6. 36.7. 36.8. 36.9.
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b) major change to the composition, operation or size of the employer’s
workforce or to the skills required of employees; or
c) the elimination or diminution of job opportunities (including opportunities
for promotion or tenure); or
d) the alteration of hours of work; or
e) the need to retrain employees; or
f) the need to relocate employees to another workplace; or
g) the restructuring of jobs.
Change to regular roster or ordinary hours of work
For a change referred to in paragraph (36.1)(b):
a) the employer must notify the relevant employees of the proposed change;
and
b) subclauses (36.11) to (36.15) apply.
The relevant employees may appoint a representative for the purposes of the
procedures in this term.
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.
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).
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36.10.
36.11.
36.12.
36.13.
36.10. 36.11. 36.12. 36.13.
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However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
The employer must give prompt and genuine consideration to matters raised
about the change by the relevant employees.
In this term: relevant employees means the employees who may be affected by a
change referred to in subclause (36.1).
Transmission of Business/Contracting Services
a) In this clause "business" includes trade, process, business or occupation and
includes part of any such business and "transmission" includes transfer,
outsourcing, conveyance, assignment or success whether by agreement or by
operation of law and "transmitted" has a corresponding meaning.
b) Where a business or part of a business of GWMWater is transmitted from
GWMWater to another employer (the transmittee) and the employee who at the
time of such transmission was an employee of GWMWater, elects to become an
employee of the transmittee, GWMWater will ensure that the terms and
conditions of employment as detailed in c) below paid by the transmittee pass the
no disadvantage test.
c) GWMWater shall include as part of tender specifications, and within the
contractual arrangements with the transmittee, the obligation for the transmittee
to apply terms and conditions of employment, including the employer
contribution to superannuation, that pass the no disadvantage test. GWMWater
will also ensure that all accrued leave entitlements, including years of service are
transmitted with the employee.
(i.) Where GWMWater declares any positions redundant as a consequence of a
transmission of business, the following shall apply to affected employees:
all reasonable steps will be taken to find suitable alternative employment
within GWMWater;
(ii.) at the end of the redeployment process, where no suitable offer of
redeployment at the same salary level was available to the employee and/or
no voluntary redeployment occurred, the employee will be eligible for a
separation package in accordance with the redundancy provisions of this
Agreement and all other accumulated Annual and Long Service Leave
entitlements.
Redundancy and Redeployment
Where a decision is made by GWMWater which will result in a change to the way work is
carried out or no longer performed and, as a result, the employee’s position becomes
excess to requirements, consultation with the employee and their union representative,
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36.14.
36.15.
36.16.
37.
38.
36.14. 36.15. 36.16. 37. 38.
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will occur to endeavour to redeploy the employee to another position if a suitable vacancy
exists.
If the employee is unsuccessful in being redeployed or appointed to a new position, and
no suitable vacancy exists, he or she may be declared redundant and may be eligible for
the redundancy package provided by the Government’s redundancy policy. This policy
does not form part of this agreement.
Suitable vacancy means a position classified at the employee’s substantive level where the
employee will be able to satisfactorily carry out the duties of that position with a
reasonable amount of training.
Notice of Termination
Notice of Termination by GWMWater
In order to terminate the employment of an employee, other than a casual, GWMWater
shall give to the employee the following notice:
Period of Continuous Service Period of Notice
Up to the completion of three years two weeks
Over three years and up to the completion of five years three
weeks
Over five years four weeks
Or by agreement between GWMWater and the employee (will not
be less than the NES)
In addition to the notice in sub-paragraph (39.1.1) hereof, an employee
over 45 years of age at the time of the giving of the notice with not less
than two years continuous service, shall be entitled to one additional
week's notice.
Payment in lieu of the notice prescribed in sub-paragraphs (39.1.1)
and/or (39.1.2) hereof shall be made if the appropriate notice period is
not given.
Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
In calculating any payment in lieu of notice, the wage/salary an
employee would have received in respect of the ordinary time that
would have been worked during the period of notice, had employment
not been terminated, shall be used.
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39.
39.1.
39.1.1.
39.1.2.
39.1.3.
39.1.4.
39.1.5.
39. 39.1. 39.1.1. 39.1.2. 39.1.3. 39.1.4. 39.1.5.
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Provided that where the express provisions of an employee's
employment provide for a longer period of notice, such provisions shall
be applicable.
The period of notice in this clause shall not apply in the case of casual
employees.
Notice of Termination by Employee
The notice of termination required to be given by an employee shall be
the same as that required of GWMWater except that there shall be no
additional notice based on the age of the employee concerned.
If an employee fails to give notice then GWMWater shall have the right
to withhold monies due to the employee with a maximum amount
equal to the ordinary time rate of pay for the period of notice.
Time off During Notice Period
Where GWMWater has given notice of termination to an employee, they shall be allowed
the equivalent of up to one day's time off without loss of pay for the purpose of seeking
other employment. The time off shall be taken at times that are convenient to the
employee after consultation with GWMWater.
Abandonment of Employment
a) Abandonment of employment is the unapproved absence of an Employee without
reasonable grounds as described in clause 44 b).
b) The Employer is entitled to regard the employment of an Employee as abandoned
if:
i. the Employee has been absent for more than 20 working days without the
approval of the Employer; and
ii. the Employee has not provided the Employer with a reasonable explanation
for their absence; and
iii. the Employer, after having made reasonable inquiries, could not reasonably
be aware of any reasonable grounds for the absence.
c) Abandonment of employment constitutes grounds for termination by the
Employer if the employment has not otherwise ended.
d) If the Employer terminates an Employee’s employment due to abandonment of
employment, the Employer will provide notice of termination or pay in lieu of
notice in accordance with clause 39.1.
GWMWater Property
On termination of employment, employees will immediately deliver to GWMWater, all
books, documents, papers, materials, credit cards, keys, computer software, ID badges or
tags, monogrammed uniform items or other property relating to the business of
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39.1.6.
39.1.7.
39.2.
39.2.1.
39.2.2.
39.3.
40.
41.
39.1.6. 39.1.7. 39.2. 39.2.1. 39.2.2. 39.3. 40. 41.
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GWMWater which belongs to GWMWater or relates to the duties of the employee during
the course of their employment.
Employees shall be made aware of GWMWater’s Confidential Information and Intellectual
Property Policies.
Protective Clothing
GWMWater will provide protective clothing where the employees’ duties necessitate the
wearing of such clothing.
Required to Occupy a Residence
Employees who are required by GWMWater to occupy (RTO) a particular residence shall
pay to GWMWater 6% of their ordinary rate plus $11.00 per fortnight.
Senior Officer Agreements
For the purpose of this Agreement, a Senior Officer means Senior Manager or Technical
Specialist whose duties and responsibilities exceed those specified in the definitions for
classifications contained in Schedule 2 - Classifications Benchmarks of this Agreement and
who is appointed by GWMWater as a Senior Officer.
The minimum annual rate of pay for a Senior Officer shall be 8% above Professional Band
D Level 3 and shall be adjusted in accordance with the percentage increases set out in
Clause 11 – Salary Increases of this Agreement. This rate of pay is an all-inclusive rate and
accordingly a Senior Officer is not entitled to any benefit under the following clauses:
a) Clause 9 – Hours of Work
b) Clause 10 - Classification / Salary
c) Clause 15 - Overtime
d) Clause 16 - Rest Period After Overtime
e) Clause 17 - Standby / Availability Duty
f) Clause 20 - Travelling to Work
g) Annualised Allowances and Payments specified in Schedule 1
The provisions of clause 9 - Hours of Work and clause 15 – Overtime do not apply to a
senior officer. Instead, the ordinary hours of a senior officer shall be 38 per week between
the hours of 6:00 am and 6:00 pm, Monday to Friday, provided that the senior officer shall
work such additional hours, including outside the usual spread of hours and on weekends
and public holidays as are reasonably necessary for the completion of the senior officer’s
duties. The senior officer shall not be entitled to receive any additional remuneration for
working such additional hours whenever they may be worked.
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42.
43.
44.
42. 43. 44,
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As senior officers are required to attend meetings and functions outside normal office
hours and to work reasonable additional hours, GWMWater provides senior officers with
some reasonable time off in ordinary hours. Such time off is subject to negotiation
between the senior officer and relevant executive manager.
Salary packaging is available to senior officers in accordance with clause 14 of this
Agreement.
Public Sector Gender Equality Provision
Gender equality
Commitment to collaborative approach to achieving gender pay
equity
The Employer will work collaboratively with Employees and the Union to
identify, support and implement strategies designed to eradicate the gender pay
gap, gender inequality and discrimination.
Gender Pay Equity Principles
The provisions of this Agreement are to be interpreted consistently with the
following gender pay equity principles:
a) Establishing equal pay for work of equal or comparable value: Equal
or comparable value refers to work valued as equal or comparable in
terms of skill, effort, responsibility and working conditions. This
includes work of different types.
b) Freedom from bias and discrimination: Employment and pay practices
are free from the effects of unconscious bias and assumptions based on
gender.
c) Transparency and accessibility: Employment and pay practices, pay
rates and systems are transparent. Information is readily accessible and
understandable.
d) Relationship between paid and unpaid work: Employment and pay
practices recognise and account for different patterns of labour force
participation by workers who are undertaking unpaid and/ or caring
work.
e) Sustainability: Interventions and solutions are collectively developed
and agreed, sustainable and enduring.
f) Participation and engagement: Workers, unions and employers work
collaboratively to achieve mutually agreed outcomes.
Meaning of ‘pay’
In this clause, ‘pay’ refers to remuneration including but not limited to salary,
bonuses, overtime payments, allowances and superannuation.
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45.
45.1.
45.1.1.
45.1.2.
45.1.3.
45. 45.1. 45.1.1. 45.1.2. 45.1.3.
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Claims relating to systemic gender equality issues
a) A systemic gender equality issue means, as set out in the Gender
Equality Act 2020, an issue of a systemic nature within the Employer
which adversely affects a class or group of employees of the Employer,
relating to:
i. The gender composition of any or all workforce levels of the
Employer; or
ii. The gender composition of governing bodies; or
iii. Equal remuneration for work of equal or comparable value across
any or all workforce levels of the Employer irrespective of gender;
or
iv. Sexual harassment in the workplace; or
v. Recruitment and promotion practices in the workplace; or
vi. Availability and utilisation of terms, conditions and practices in
the workplace relating to family violence leave, flexible working
arrangements and working arrangements supporting Employees
with family or caring responsibilities; or
vii. Gendered workplace segregation, or
viii. any other prescribed matters.
b) The Union and/or a class or group of Employees (Claimant/s) may
seek resolution of a dispute relating to a systemic gender equality issue
(Claim) in accordance with this clause.
c) A Claim or Claims under this clause must be made in writing to the
Employer.
d) In the first instance the Claim should include sufficient detail for the
Employer to make a reasonable assessment of the nature of the Claim,
the employees impacted by the Claim and any proposals to resolve the
Claim.
e) The Employer must meet and discuss the Claim with the Claimant
prior to responding to the Claim.
f) The Employer must respond to the Claim in writing to the Claimant/s,
within a reasonable time, including enough details in the response to
allow the Claimant to understand the Employer’s response to each
element of the Claim, including reasons why the Claim is accepted or
rejected.
g) Where agreement is reached between the parties within the workplace,
this agreement and agreed resolution must be documented.
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45.1.4.
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h) If the Claim, or some elements of the Claim are unable to be resolved
between the Employer and the Claimant/s, either the Claimant/s or the
Employer may refer unresolved elements of the Claim to the Public
Sector Gender Equality Commissioner (Commissioner) to deal with. In
doing so the parties should present, subject to the terms of the Gender
Equality Act 2020 (Vic), the agreed and unagreed items of the Claim to
the Commissioner.
i) In dealing with a Claim, the Commissioner:
i. Must consider the Gender Pay Equity Principles articulated in
clause 1.1 above; and
ii. Must be objective and free from assumptions based on gender;
and
iii. Must acknowledge that current pre-existing views, conclusions or
assessments of comparable worth or value may not be free of
assumptions based on gender; and
iv. Must ensure that skills, responsibilities, effort and conditions that
are commonly undervalued such as social and communication
skills, responsibility for wellbeing of others, emotional effort,
cultural knowledge and sensitivity are considered; and
v. Must ensure that dispute resolution outcomes consider current or
historical gender-based discrimination and do not further promote
systemic undervaluation, and
vi. Must deal with the Claim in a manner that is independent of the
Employer or the Claimant; and
vii. Must consider evidence that the Claim may not be isolated to the
Employer subject to the Claim but may affect Employees from
other public sector employers not covered by this Agreement; and
viii. May jointly deal with a Claim and any other dispute which has
been referred to the Commissioner which relates to the same or
similar systemic gender equality issues; and
ix. Must consider the views of the Claimant prior to jointly dealing
with multiple Claims or disputes; and
x. May otherwise deal with the Claim in any way the Commissioner
considers appropriate, consistent with the requirements of the
Gender Equality Act 2020 (Vic). This can include mediation,
conciliation, making recommendations or offering opinions.
However, the Commissioner cannot make any binding
determination in relation to a Claim.
j) If a Claim is unable to be resolved by the Commissioner, either the
Claimant or the Employer may refer the Claim to the Fair Work
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Commission as a dispute of a collective character for resolution
pursuant to Clause 6.
k) 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.
l) A Claimant or the Employer may choose to be represented at any stage
by a representative, including a Union representative or Employer’s
organisation.
m) The Claimant and Employer and their representatives must genuinely
attempt to resolve the dispute through the processes set out in this
clause and must cooperate to ensure that these processes are carried out
expeditiously.
n) Whilst a Claim is being dealt with in accordance with this clause, work
must continue in accordance with usual practice, provided that this
does not apply to an Employee who has a reasonable concern about an
imminent risk to their health or safety, has advised the Employer of this
concern and has not unreasonably failed to comply with a direction by
the Employer to perform other available work that is safe and
appropriate for the Employee to perform. No party will be prejudiced
as to the final settlement of the Claim by the continuance of work in
accordance with this clause.
Gender Equality Action Plans
The Employer will consult with the governing body of the entity, the employees,
Union or employee representatives and any other relevant person in the
preparation of Gender Equality Action Plans under the Gender Equality Act 2020
(VIC).
Commitments
The parties to this Agreement agree to co-operate positively to ensure the future
development and long term effectiveness, efficiency and viability of GWMWater to the
benefit of all stake-holders, including Government, customers, all employees, the
community and the environment.
GWMWater undertakes to:
a) continue to observe modern employment practices;
b) continue to develop the skills and expertise of employees by providing access to
appropriate training and development opportunities;
c) consult with employees and their representatives on its plans/proposals for
achieving productivity improvements; and
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46.
45.1.5. 46.
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d) discuss the impact of changes from those productivity plans/proposals with
employees and their representatives.
e) to provide to employees who are breastfeeding the support necessary to enable
them to combine a continuation of such breastfeeding with their employment
The employees of GWMWater and their authorised representatives undertake to:
a) maintain and continuously improve their commitment to the customer culture of
GWMWater, including the customer service standards set by GWMWater;
b) recognise and cooperate positively with GWMWater's workforce resource needs
and to be reasonably available for overtime and recall to duty as required by their
work units;
c) not oppose change unreasonably;
d) cooperate positively with GWMWater’s plans to further improve service levels
and work methods in accordance with GWMWater’s strategic plan;
e) not engage in any action, practice or behaviour which would impede achievement
of GWMWater's objectives; and
f) work in accordance with the policies and procedures of GWMWater, including
application of service charges and fees for service activities.
The parties undertake to:
a) take all practical steps to maintain a healthy and safe work environment.
b) work positively toward the achievement of a significant and sustainable reduction
in GWMWater’s overall leave liability during the life of the Agreement.
Signatories
Signed by the Parties:
For Grampians Wimmera Mallee Water:
Mark Williams
Managing Director
Grampians Wimmera Mallee Water
11 McLachlan St, Horsham
Signature: __________________ Date: 08 / 08 / 2022
GWMWater
47.
47.
47
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For Australian Municipal, Administrative, Clerical and Services Union:
(Name)
(Title)
Australian Municipal, Administrative, Clerical and Services Union
116 Queensberry Street, Carlton South
Signature: __________________ Date: / /
For Professionals Australia:
(Name)
(Title)
Association of Professional Engineers, Scientists and Managers Australia
152 miller St West Melbourne
Signature: __________________ Date: / /
For Australian Workers Union:
(Name)
(Title)
Australian Workers Union
685 Spencer St, Melbourne
Signature: __________________ Date: / /
For Community and Public Sector Union:
(Name)
(Title)
Community and Public Sector Union
Level 4, 128 Exhibition Street Melbourne
Signature: __________________ Date: / /
11 08 2022
Luke Michael Crowley
Director
Tash Wark
Deputy Branch Secretary
08 202212
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GWMWater Enterprise Agreement 2022
For Australian Municipal, Administrative, Clerical and Services Union:
(Name)
(Title)
Australian Municipal, Administrative, Clerical and Services Union
116 Queensberry Street, Carlton South
Signature: ________ Date: /
For Professionals Australia:
(Name)
(Title)
I
Association of Professional Engineers, Scientists and Managers Australia
152 miller St West Melbourne
Signature: ________ Date: /
For Australian Workers Union:
(Name)
(Title)
Australian Workers Union
685 Spencer St, Melbourne
Signature: _ _______ Date: /
For Community and Public Sector Union:
I
I
(Name) WO\~ if\" f C~/\,J e. t'\.J •
(Title) A c+:-,""-'I fs, o..A c.. k Se._ c_ r e.--b ~
Community and PuStlc Sector Union
Level 4, 128 Exhibition Street Melbourne
ft/C;~
Signature: _ ____ Date: / 0 ; Q / 2.. ~ 2._c.__
... ~~ , ~
.j__t .
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Clelsol and Servisat Unies
GWMWater Enterprise Agreement 2022 For Australian Municipal, Administrative, Clerical and Services Union: (Name) (Title) Australian Municipal, Administrative, Clerical and Services Union 116 Queensberry Street, Carlton South Signature: Date: / For Professionals Australia: (Name) (Title) Association of Professional Engineers, Scientists and Managers Australia 152 miller St West Melbourne Signature: Date: For Australian Workers Union: (Name) (Title) Australian Workers Union 685 Spencer St, Melbourne Signature: Date: For Community and Public Sector Ininn' (Name) (Title) Commu Level 4, 128 Exhibition Street Melbourne Signi GWMWater Enterprise Agreement 2018 Page 72 of 89 Authorised By: Managing Director Print Date: 9 August 2022 The controlled copy of this document is available on the intranet. Printed copies are only current as of the print date.
GWMWater
Wayne Townsend. Acting Branch Secretary nity and Public Sector Union
2022
WC lowmed ture: Date: 1018
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SCHEDULE 1 - Salary Rates
The following allowances and payments have been annualized and included in the
salary rates prescribed in this Agreement:
Industry Allowance;
Sewerage Disability Allowance;
Banking Allowance; and
Annual Leave Loading;
SALARY RATES
Business Services, Technical Services, Water Services
BAND LEVEL 15/07/2022
BTWA 1 $55,102
2 $57,398
3 $59,789
4 $62,453
5 $65,254
6 $68,191
7 $71,131
BTWB 1 $71,131
2 $74,357
3 $77,753
4 $81,552
5 $84,909
BTWC 1 $84,909
2 $89,041
3 $93,495
BTWD 1 $102,846
2 $107,987
3 $113,384
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Professional Services
BAND LEVEL 15/07/2022
PROFB 1 $74,357
2 $77,753
3 $81,312
4 $84,909
5 $89,041
PROFC 1 $93,495
2 $98,170
3 $102,846
PROFD 1 $107,987
2 $113,384
3 $118,981
SENIOR
OFFICER
SO (Mins)
$128,499
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SCHEDULE 2 - CLASSIFICATION BENCHMARKS - BAND STANDARDS
1. BUSINESS SERVICES BAND A
1.1 Definition
Under direction, and using established procedures, perform a range of different activities
associated with an office environment.
1.2 Features
The tasks call for a knowledge and basic understanding of office practices and procedures,
and related work equipment. Initially, the work is performed under close supervision,
which is reduced as the occupant gains an understanding of the work involved. As such
experience, competence and familiarity with Corporate procedures is gained, increasingly
complex administrative tasks are undertaken, involving exercise of judgment with
prescribed guidelines and procedures, increasing the responsibility for
accuracy/quality/timeliness of work completed. There is some scope for decision making
and independent control of activities within the workflow of the area. Occupants require
communication skills and an ability to work as a team member.
1.3 Qualifications and Experience
No formal educational pre-requisites exist for entry to this Band. Experience would
generally be obtained from educational studies and on-the-job training, although it is
expected that such employees would be familiar with some office equipment and work
practices.
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2. BUSINESS SERVICES BAND B
2.1 Definition
Under limited direction, either supervise a small group of business services employees or
work independently supporting another work group, or work as part of a team,
performing a broad range of different duties within an office environment.
2.2 Features
The tasks requires knowledge and experience in office routines and an understanding of
the types of tasks performed requiring familiarity with legislation, policies and practices
encompassing a mix of financial, accounting, stores, personnel and general administration
functions, and an ability to schedule work activities, and determine priorities. As this
work often involves liaison and communication between areas both internal and external
to the organisation, good communication skills (including both oral and written) are
required. In some areas, employees in this Band may exercise low-level formal
delegations. In larger sections, supervision of employees may be required, including the
coordination of a work group, assessing the adequacy of work standards and to provide
training.
2.3 Qualification and Experience
Employees entering this Band would either:
a) for positions identified as business graduates, possess a relevant qualification; or
b) for other positions, possess at least three years of experience in one or more areas of
administration; and
c) have preferably commenced studies in an appropriate business course.
2.4 Key Difference from Band A
The tasks to be performed in this Band are similar to those of a Band A office but are more
complex and may involve supervision of employees. The employee would be expected to
be familiar with the broad objectives of the work group.
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3. BUSINESS SERVICES BAND C
3.1 Definition
Within broadly stated objectives, manage a small discrete administrative/business
function or supervise the operations of an organisational element, or act in a project-
related role to achievement of Corporate objectives.
3.2 Features
Working to broad guidelines, an employee would be expected to set standards of
performance, and to adapt procedures to improve efficiency and to resolve some of the
more complex problems. The tasks call for a good knowledge of a number of different job
aspects, including a good understanding of legislation, policies and practices
encompassing a mix of financial, accounting, stores, personnel and general administrative
functions. Occupants in this Band may be required to determine the daily work of the
section, set priorities, assess training needs and assess employees performance and
counsel employees accordingly. Occupants would be expected to undertake the more
sensitive communication with other organisation and members of the public. In some
work units, the employee may exercise a broad range of medium level delegations.
3.3 Qualifications and Experience
Employees entering this band would have at least six years of relevant work experience,
and preferably, to have completed or undertaking studies in a relevant field of business
management.
3.4 Key Difference from Band B
There is greater latitude for this Band employee to determine work activities and methods
and/or to manage employees. Employees in this Band are more accountable for their
actions and performance against approved plans. He or she is required to determine
employee’s needs and provide formal on-the-job training.
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4. BUSINESS SERVICES BAND D
4.1 Definition
Within broad objectives, manage the operations of an organisational element, or act in a
project-related role to achieve a result consistent with the corporate goals of the
organisation.
4.2 Features
The work in this Band involves the management of a group of employees engaged in the
business administration of the organisation, or working on a project/number of projects,
generally supporting senior management. In all cases, such employee's performance will
be assessed against identified objectives and targets, and he or she will be accountable for
such actions and work undertaken. The occupant would be required to review practices
and, where applicable, develop alternative programmes. A person in this Band would be
considered an expert in their field of work with many years of experience. He or she may
be accountable for the preparation and monitoring of budgets, the deployment of
employees, training and counselling of employees.
4.3 Qualifications and Experience
Employees in this Band may have:
a) an appropriate tertiary qualification recognised by the appropriate institute, for
positions exercising statutory functions;
b) an approved tertiary qualification (or studies towards the completion of)
supplemented by years of relevant experience;
c) extensive relevant experience;
d) in addition to 1.4.3(a) and 1.4.3(b), the employee should possess some years of
relevant experience.
4.4 Key Differences from Band C
Employees in this Band undertake a greater management role and require a greater
knowledge and understanding of GWMWater's corporate objectives. In most instances,
this position would be a first-line management one. There is a greater requirement to
modify practice because of the diverse and complex nature of the functions managed.
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5. PROFESSIONAL SERVICES BAND B
5.1 Definition
Under general direction and typically focussed within a particular professional area of
activity, performs a range of interrelated professional services and project activities
requiring the application of standard professional principles, techniques and methods.
5.2 Features
The nature and scope of work undertaken requires a good understanding of relevant
professional principles, techniques and methods gained through tertiary studies and some
work experience in their professional application. Receives instructions and professional
direction on work to be undertaken and broadly, on the techniques and methods to be
applied. Work is assessed on completion, for professional accuracy and quality and
professional advice and guidance is always available to assist progress. The position may
be required to check the work of and assist technical employees or contractors. Work may
involve the preparation of detailed reports on project activities. Ongoing communication
with peers and Managers regarding project related issues or to identify or recommend
opportunities for the improvement of operating methods or procedures, is required in this
Band.
5.3 Qualifications and Experience
Employees in this Band have completed a degree in an appropriate field or are eligible for
membership of an approved professional body. Some relevant professional /industry
experience is preferred in either case.
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6. PROFESSIONAL SERVICES BAND C
6.1 Definition
Under limited direction and in terms of work objectives defined by management, either
work independently on a diverse range of professional services and related project
activities, or provide professional advice and information in a particular area of expertise.
6.2 Features
The nature and scope of the work undertaken requires an enhanced knowledge and
understanding of professional principles, techniques and methods and their application to
the analysis of issues and problems and the recommendation of appropriate courses of
action. A good understanding of related fields of work, cost and quality considerations
would be expected. Incumbents would also be required to apply their professional
expertise to the investigation and introduction of new and improved operating methods
and procedures.
Tasks of a novel, complex or critical nature would normally require a greater degree of
support from a more experienced employee. The position may be used as a point of advice
and reference in a particular professional area, which would involve liaison with peers,
Managers, other professional groups and other organisations and ongoing professional
development in the area.
6.3 Qualifications and Experience
Employees entering this Band have completed a degree in an appropriate field or are
eligible for membership of an approved professional body, normally combined with at
least six years of relevant professional/industry experience.
6.4 Key Differences from Band B
Direction is generally in the form of defined objectives rather than specific tasks or projects
to be undertaken. Employees in this Band are capable of working on a diverse range of
professional activities and are able to respond to complex issues and problems.
Professional liaison is at an advanced Band and would include external authorities and
clients. Employees are more accountable for performance against plans and the provision
of professional guidance and monitoring or supervising of the work of others is a more
frequent requirement.
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7. PROFESSIONAL SERVICES BAND D
7.1 Definition
Management of a professional group or of significant projects or programmes, to achieve
defined objectives and performance targets or provide authoritative advice in a
professional area.
7.2 Features
The nature and scope of work requires significant professional expertise and extensive
experience in the professional area. Broad objectives are defined in this Band and
performance is measured in terms of the achievement of those objectives.
Professional and business management expertise is applied to the resolution of complex
professional and business problems and to effective project/programme management.
The management task requires incumbents in this Band to negotiate resource allocation
issues and to maximise the utilisation and development of professional employees.
Incumbents would be required to apply innovative strategies to professional and resource
management issues with programmes managed, or in the area of expert advice provided.
The incumbent would liaise internally and with outside organisations on matters of
considerable complexity and importance. In this Band incumbents would develop
techniques and processes that will affect the way work is performed beyond the
immediate work environment. Advice provided in the area of expertise would be
regarded as authoritative in that field.
7.3 Qualifications and Experience
Employees in this Band have completed a degree in an appropriate field or are eligible for
membership of an approved professional body. Employees would preferably have
completed or would be undertaking relevant postgraduate studies and would have
extensive experience in the area or at an appropriate professional level.
7.4 Key Differences from Band C
Employees in this Band are expected to simultaneously manage a number of projects or
components of programmes and make more significant professional input into their
conduct. Considerable professional expertise is required to develop and adapt techniques
and approaches, contribute to policy formulation, guide professional employees in their
work and represent GWMWater. The incumbent would be expected to understand and
monitor the impact of current professional and industry trends, possess business
management skills and have a greater understanding and appreciation of the strategic
direction of GWMWater.
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8. TECHNICAL SERVICES BAND A
8.1 Definition
Under supervision, performs simple to straightforward technical or related tasks using
well established techniques and practices.
8.2 Features
The tasks call for some subject matter knowledge and some minor decision making within
the confines of that knowledge. Direction is regular in that a person is told what is to be
done and is given any necessary guidance on how to do it. Work is under regular
inspection or technical supervision and the final product is usually checked. Occupants
require communication skills (and where appropriate written skills), with clients,
members of the public, Supervisors and other employees, as well as the ability to work as
a team member.
8.3 Qualifications and Experience
Employees in this Band would possess certain pre-entry educational requirements relative
to the field of work, usually a minimum standard of Year 11, with passes in prescribed and
relative subjects. He or she, after initial induction and on-the-job training, is expected to
progress toward appropriate certificate studies.
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9. TECHNICAL SERVICES BAND B
9.1 Definition
Under general supervision and generally focused within a single functional area, performs
a range of interrelated technical activities which are usually fairly straightforward, or
requiring adoption of alternative methods and practices.
9.2 Features
Receives technical instructions on what is required, on the method of approach and on
unusual or difficult features from a higher grade technical officer or professional officer or
in the form of recorded guidelines such as manuals or prescriptions. Work is normally
subject to progress checks usually confined to the unusual or difficult aspects.
Assignments are assessed on completion or, alternatively, the progress and quality of
work is open to assessment by a more senior officer without specific checking. Technical
knowledge held usually enables work to be performed without close guidance. Work
frequently involves the performance of a variety of technical tasks and activities which are
not straightforward. The position would usually be focused within one functional area but
may be required to assist in other related areas. Work may involve the preparation of
written or oral reports on operational aspects which could be used for the refinement or
further development of guidelines, prescriptions, methodologies, programmes or plans.
9.3 Qualifications and Experience
Employees entering this Band would normally have completed a certificate of technology
or equivalent in the relevant field supplemented with at least three years relevant
experience.
9.4 Key Differences with Band A
Technical tasks in this Band are more difficult, often a variety of tasks is involved and
tasks performed under less supervision, although detailed instruction can still be given.
As tasks in this Band tend to be difficult, an ability to adapt work practices accordingly
and use of judgemental/initiative skills are required. Supervision of employees is common
in this Band.
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10. TECHNICAL SERVICES BAND C
10.1 Definition
Under general technical direction, either supervise a group of employees, or work
independently, to undertake a variety of technical activities requiring initiative and
judgement in the application of established principles, techniques and methods, and/or in
assessing and recommending changes to standard operational procedures and guidelines.
10.2 Features
Employees in this Band would either be supervising a group of technical employees in the
achievement of stated objectives or be considered as a specialist engaged on project type
work. Instruction or direction is fairly broad and the occupant would be required to
complete all works within agreed standards. It would be expected that considerable
GWMWater would rest with employees in this Band, including the deployment of
employees. Employees would be expected to have a good understanding of related fields
that impact on their work (eg: scientific, geology, engineering). Employees could be seen
as expert in their particular field and be used as a reference on the subject matter. This
would involve interaction with other related technical groups, customers and the public.
The occupant would be expected to keep abreast of developments in his or her field of
work.
10.3 Qualifications and Experience
Employees entering this Band would normally have completed a relevant certificate and
normally have made substantial progress towards completion of a diploma in the relevant
field or equivalent supplemented with at least six years relevant experience.
10.4 Key Differences with Band B
Instructions are generally in the form of a clear statement of objectives rather than being
told the tasks to be performed. Officers in this Band are competent to perform a variety of
activities involving special or unusual features or resolve technical problems. Employees
in this Band tend to have greater liaison/interaction with external authorities/clients and
are more responsible for performance results against plans.
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GWMWater
GWMWater Enterprise Agreement 2022
GWMWater Enterprise Agreement 2018 Page 85 of 89
Authorised By: Managing Director Print Date: 9 August 2022
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11. TECHNICAL SERVICES BAND D
11.1 Definition
Position would be considered a management position and operate under broadly specified
objectives which would supervise a group of employees undertaking technical activities
would be involved in the business management of the group.
11.2 Features
Instructions are normally received in the form of broadly stated objectives. A technical
officer in this Band would contribute to the determination of those objectives. Conformity
with instructions is measured in terms of the achievement of broadly stated objectives. In
this Band a person has extensive technical experience and rarely receives guidance. Advice
provided in relation to a person's field of expertise would be regarded as authoritative in
that field. Work performed in this Band shall involve extensive complexity. Officers could
be required to resolve a wide range of problems of both technical and business nature and
to compete for/allocate resources. Would be required to consult with external
persons/bodies regarding matters of considerable complexity and importance. In this
Band, could recommend solutions and/or develop techniques or processes which shall
affect the way work is performed beyond the immediate work environment.
11.3 Qualifications and Experience
Employees in this Band would normally have completed a diploma in an appropriate
technical field supplemented with extensive relevant experience. In addition, employees
would preferably be undertaking further technical or business related studies.
11.4 Key Differences from Band C
The technical nature of the work is more specialist/complex in nature and hence, guidance
is limited to areas outside his or her own area of expertise. The occupant would be
responsible/accountable for significantly greater resources than employees in Band C.
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GWMWater
GWMWater Enterprise Agreement 2022
GWMWater Enterprise Agreement 2018 Page 86 of 89
Authorised By: Managing Director Print Date: 9 August 2022
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12. WATER SERVICES BAND A
12.1 Definition
Under direction, and using established procedures, perform a range of different activities
relating to the establishment, operation, maintenance and rehabilitation of water supply
systems.
12.2 Features
The tasks call for a knowledge and understanding of the system's establishment and
operation. Work in this Band provides scope for some decision making and independent
control of activities relating to routine matters. Decisions on operational matters would
generally be made by Supervisors. Occupants require communication skills (and where
appropriate written skills), with clients, members of the public, Supervisors and other
employees, as well as the ability to work as a team member.
12.3 Qualifications and Experience
While no minimum schooling qualification pre-requisites exist, it is preferred that
applicants would possess either Year 11 or an equivalent qualification, together with some
experience. If an employee is required, as a part of his or her duties, to undertake duties
requiring a specific certificate or qualification, such must be possessed by the employee
concurrently, together with appropriate experience.
Q
GWMWater
GWMWater Enterprise Agreement 2022
GWMWater Enterprise Agreement 2018 Page 87 of 89
Authorised By: Managing Director Print Date: 9 August 2022
The controlled copy of this document is available on the intranet. Printed copies are only current as of the print date.
13. WATER SERVICES BAND B
13.1 Definition
Under general direction, and using established procedures and guidelines, perform a
broad range of different activities within a section of the water supply system, or
supervise a small unit by monitoring work standards and practices and preparing the
unit's works programme, or manage the operations of a storage; or undertake technical
related work associated with such water system.
13.2 Features
The tasks call for a good knowledge of the system, including any special features, and an
ability to schedule work activities, determine priorities and prepare cost estimates.
Receives instruction on what is required, on the method of approach and on unusual or
difficult features from a higher grade employee, or in the form of recorded guidelines such
as manuals or prescriptions. Work in this Band often requires the coordination of
operational and maintenance activities of employees or the performance of a number of
inter-related activities within an overall activity. Occupants may resolve disputes between
employees and clients or attend public meetings to explain GWMWater procedures.
Occupants may assess the adequacy of work standards and provide training in technique.
13.3 Qualifications and Experience
Employees entering this Band, and depending upon his or her stream of work, would
normally have made substantial progress towards completion of an appropriate certificate
supplemented by at least three years relevant experience.
13.4 Key Differences from Band A
The work of a Band B employee requires a more comprehensive knowledge of the system
and there is greater latitude to determine work activities and methods, to plan and
programme work, to operate computer-based systems, to supervise employees and to
provide on-the-job training and guidance. There is a requirement to initiate and
recommend improvements to the system that will also require the use of
judgemental/initiative skills.
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GWMWater
GWMWater Enterprise Agreement 2022
GWMWater Enterprise Agreement 2018 Page 88 of 89
Authorised By: Managing Director Print Date: 9 August 2022
The controlled copy of this document is available on the intranet. Printed copies are only current as of the print date.
14. WATER SERVICES BAND C
14.1 Definition
Under limited direction, manage a range of activities within a small district, or a specific
function within a larger district, or manage the operations of a project or storage of large
size and complexity.
14.2 Features
Working to broad guidelines, employees would be expected to set standards of
performance, and to adapt procedures to accommodate local conditions or to improve
efficiency. The tasks call for knowledge of a number of different water supply systems or
structures, or the operation and maintenance of complex equipment, or to possess
technical knowledge relating to water services.
Employees could be seen as having significant expertise in their particular field and be
used as a reference on the subject matter. This could involve interaction with other related
fields, groups, customers and the public. An occupant would be expected to resolve
problems encountered on-site, and to recommend changes that would improve the unit's
productivity. The works programme may include components of construction, minor and
major maintenance, and operations, and be varied by the occupant, in response to changes
in priorities, environmental conditions or availability of funds. Employees in this Band are
required to determine the daily work activities of the unit, project or storage and have
responsibility for formulating and monitoring the works programme and budget.
Employees may chair committee meetings or hold discussions with Water Boards and
Advisory Committees to ascertain operational requirements and resolve service delivery
problems. Personnel matters such as employees’ selection and training, the preparation of
rosters and the deployment of employees are managed in this Band. The occupant would
be expected to keep abreast of developments in his or her field of work.
14.3 Qualifications and Experience
Employees entering this Band would normally have completed a relevant certificate, and
may have progressed toward a Level IV Certificate, supplemented by at least six years of
relevant experience.
14.4 Key Differences from Band B
There is greater latitude for the Band C employee to determine work activities and
methods and to manage employees. Instructions are generally in the form of a clear
statement of objectives rather than being told the tasks to be performed. Components of
the water supply system are more complex to operate and maintain, or are more varied,
and there is a requirement to recommend improvements to the system. The Band C
employee is required to determine needs and provide formal on-the-job training for
subordinates.
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GWMWater
GWMWater Enterprise Agreement 2022
GWMWater Enterprise Agreement 2018 Page 89 of 89
Authorised By: Managing Director Print Date: 9 August 2022
The controlled copy of this document is available on the intranet. Printed copies are only current as of the print date.
15. WATER SERVICES BAND D
15.1 Definition
Within broadly specified objectives, manage the operations of a medium to large complex
district.
15.2 Features
The work in this Band involves the management of a diverse and inter-related system
employing a broad range of personnel. There may be features that add to the complexity
of operations, such as the use of natural carriers, or there may be a requirement to develop
new procedures that are then applied in other districts. Features that may not be present in
smaller districts include extensive commercial enterprise, storages, salinity control works
and flood mitigation. The employee would participate in, or chair, Advisory Committee
meetings, and represent GWMWater on inter agency negotiations. Employees shall
determine the district works programme, resolve conflicting priorities between functional
areas, coordinate activities and deploy employees. The position involves employee
management and the assessment of work standards and provision of training.
15.3 Qualifications and Experience
Employees in this Band would normally have completed a Level IV Certificate,
supplemented by extensive operational and Supervisory experience.
15.4 Key Differences from Band C
The Band D employee is required to manage a number of different functions within a
district. An extensive knowledge of the functions managed is required to permit the
adaptation of existing procedures to changing circumstances, and an involvement in
policy development. There is a greater requirement to modify practice because of the
diverse and complex nature of the functions managed. The approach to problem solving
in less structured, and entails the consideration of several options. Employees have a high
public profile.
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GWMWater
