1
Fair Work Act 2009
s.185—Enterprise agreement
Lower Murray Urban and Rural Water Corporation T/A Lower Murray
Water
(AG2021/8975)
LOWER MURRAY URBAN AND RURAL WATER CORPORATION
ENTERPRISE AGREEMENT 2021
Water, sewerage and drainage services
COMMISSIONER WILSON MELBOURNE, 5 JANUARY 2022
Application for approval of the Lower Murray Urban and Rural Water Corporation
Enterprise Agreement 2021
[1] An application has been made for approval of an enterprise agreement known as the
Lower Murray Urban and Rural Water Corporation Enterprise Agreement 2021 (the
Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).
It has been made by the Lower Murray Urban and Rural Water Corporation T/A Lower Murray
Water. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this
application for approval have been met.
[3] The Australian Municipal, Administrative, Clerical and Services Union being a
bargaining representative for the Agreement, has given notice under s.183 of the Act that it
wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers
the organisation.
[4] The Community and Public Sector Union being a bargaining representative for the
Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In
accordance with s.201(2) I note that the Agreement covers the organisation.
[5] The Association of Professional Engineers, Scientists and Managers, Australia being a
bargaining representative for the Agreement, has given notice under s.183 of the Act that it
wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers
the organisation.
[2022] FWCA 20
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
[2022] FWCA 20
2
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
12 January 2022. The nominal expiry date of the Agreement is 1 July 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE514529 PR737291
(_
W ORK FANYORK C MMISSION AUSTRALIA THE SEAL OF THE
LOWER MURRAY URBAN AND RURAL WATER CORPORATION ENTERPRISE AGREEMENT 2021
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Page No 1 of 122
Lower Murray Urban and Rural
Water Corporation
Enterprise Agreement 2021
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1 TITLE
This Agreement shall be known as the Lower Murray Urban and Rural Water Corporation
Enterprise Agreement 2021.
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2 ARRANGEMENT
Table of Contents
1 TITLE ............................................................................................... 2
2 ARRANGEMENT ................................................................................... 3
3 OPERATION ...................................................................................... 10
3.1 Duration ........................................................................................ 10
3.2 Suppression .................................................................................... 10
3.3 Application ..................................................................................... 10
3.4 Scope and Parties Covered .................................................................. 10
3.5 Exclusions ...................................................................................... 10
3.6 National Employment Standards (NES) ..................................................... 10
3.7 No Extra Claims/Absorption ................................................................. 11
4 DEFINITIONS ..................................................................................... 12
5 ANTI-DISCRIMINATION AND WORKPLACE DIVERSITY ..................................... 14
6 GENDER EQUALITY ............................................................................. 15
6.1 Commitment to collaborative approach to achieving gender pay equality ........... 15
6.2 Gender Equality Action Plans ................................................................ 15
6.3 Claims relating to systemic gender equality issues ...................................... 15
6.4 Claims process ................................................................................. 16
6.5 Gender Pay Equality .......................................................................... 16
7 OCCUPATIONAL HEALTH AND SAFETY ..................................................... 17
8 INTENT OF THE AGREEMENT ................................................................. 18
9 COMMITMENT ................................................................................... 19
10 CONSULTATION AND CHANGE................................................................ 20
10.1 General Principles............................................................................. 20
10.2 Consultation on Changes to Rosters or Hours of Work ................................... 20
11 CONSULTATIVE COMMITTEE .................................................................. 22
12 UNION COMMUNICATION ...................................................................... 23
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13 RESOURCES FOR EMPLOYEES ................................................................ 24
14 SURVEILLANCE AND TRACKING .............................................................. 25
15 DISPUTE SETTLING PROCEDURES ............................................................ 26
15.1 Resolution of Disputes and Grievances ..................................................... 26
15.2 Obligations ..................................................................................... 26
15.3 Agreement and Dispute Settlement Facilitation .......................................... 26
15.4 Discussion of Grievance or Dispute ......................................................... 27
15.5 Internal Process ............................................................................... 27
15.6 Disputes of a Collective Character ......................................................... 27
15.7 Conciliation .................................................................................... 28
15.8 Arbitration ..................................................................................... 28
15.9 Conduct of Matters Before FWC ............................................................. 28
16 FORM OF EMPLOYMENT ....................................................................... 29
16.1 Engagement .................................................................................... 29
16.2 Full-time Employment ........................................................................ 29
16.3 Part-time Employment ....................................................................... 29
16.4 Casual Employment ........................................................................... 30
16.5 Casual Conversion ............................................................................. 31
16.6 Limited Tenure Employment ................................................................ 32
16.7 Minimum Employment Period ............................................................... 33
17 INDIVIDUAL FLEXIBILITY ARRANGEMENTS ................................................. 34
18 FLEXIBLE WORKING ARRANGEMENTS – SPECIFIC CIRCUMSTANCES .................... 36
19 TRANSFER OF BUSINESS ....................................................................... 38
20 TERMINATION OF EMPLOYMENT ............................................................. 39
20.1 Notice of Termination by LMW .............................................................. 39
20.2 Notice of Termination by the Employee ................................................... 39
20.3 Time Off During Notice Period .............................................................. 40
20.4 Abandonment of Employment ............................................................... 40
20.5 Redeployment/Redundancy ................................................................. 40
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20.6 Statement of Employment ................................................................... 41
21 SALARY ........................................................................................... 42
21.1 Quantum and Timing ......................................................................... 42
21.2 Top of Band payment ......................................................................... 44
21.3 Apprentices and Trainees .................................................................... 44
21.4 Payment ........................................................................................ 45
21.5 Promotion between Bands ................................................................... 45
21.6 Progression within Bands ..................................................................... 45
21.7 Higher Duties .................................................................................. 46
21.8 Salary Sacrifice and Salary Packaging ...................................................... 46
22 TALENT MANAGEMENT AND PERFORMANCE ............................................... 48
23 LEARNING AND DEVELOPMENT .............................................................. 50
24 PROFESSIONAL MEMBERSHIPS AND REGISTRATIONS ..................................... 51
25 UNSATISFACTORY PERFORMANCE ........................................................... 52
25.1 Unsatisfactory Behaviour / Work Performance ........................................... 52
25.2 Misconduct ..................................................................................... 53
26 WORKLOAD ...................................................................................... 55
27 BENEFITS ........................................................................................ 56
27.1 Recognition of Service ........................................................................ 56
27.2 Personal Expenses ............................................................................. 56
27.3 Travel ........................................................................................... 56
27.4 Child Care Arrangements..................................................................... 57
27.5 Employee Assistance Program ............................................................... 57
27.6 Employee support and debriefing – “Critical Incident” .................................. 57
27.7 Superannuation ................................................................................ 58
27.8 Employer contributions in respect of Primary Caregiver Parental Leave ............. 58
28 HOURS OF WORK ............................................................................... 59
28.1 Ordinary Hours................................................................................. 59
28.2 Rostered Days Off ............................................................................. 59
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28.3 Start/Finish Times ............................................................................ 60
28.4 Overtime ....................................................................................... 60
28.5 Time Off In Lieu ............................................................................... 62
28.6 Standby for call out and remote resolve................................................... 62
28.7 Rest Periods on Overtime/Call outs and Remote Resolves (Not Applicable to Shift
Workers) ................................................................................................ 65
28.8 Meal Break/Allowance (Not Applicable to Shift Workers) ............................... 66
29 SHIFT WORK ..................................................................................... 67
29.1 Introduction .................................................................................... 67
29.2 Ordinary Hours................................................................................. 67
29.3 Daylight Saving Changes ...................................................................... 67
29.4 Designation of Shift Work .................................................................... 67
29.5 Roster Establishment and Variation ........................................................ 67
29.6 Breaks, Meals and Change Overs ............................................................ 68
29.7 Standby ......................................................................................... 68
29.8 Rostered Days Off ............................................................................. 68
29.9 Annual Leave................................................................................... 68
29.10 Annualisation of Payments ................................................................... 69
29.11 Special Irrigations ............................................................................. 70
29.12 Shift Penalties ................................................................................. 70
30 PUBLIC HOLIDAYS .............................................................................. 72
31 ANNUAL LEAVE ................................................................................. 73
31.1 Leave Entitlement ............................................................................ 73
31.2 Broken Service ................................................................................. 73
31.3 Leave to be Taken ............................................................................ 73
31.4 Annual Close Down ............................................................................ 74
31.5 Direction to Take Excess Annual Leave .................................................... 74
31.6 Excessive leave accruals: request by Employee for leave ............................... 74
31.7 Leave Loading ................................................................................. 75
31.8 Proportionate Leave on Termination ....................................................... 75
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32 PARENTAL LEAVE .............................................................................. 76
32.1 Application ..................................................................................... 76
32.2 Definitions ...................................................................................... 76
32.3 Summary of Parental Leave Entitlements ................................................. 77
32.4 Parental Leave – Primary Caregiver ........................................................ 79
32.5 Parental Leave – Secondary Caregiver ..................................................... 79
32.6 Additional paid leave for Secondary Caregiver ........................................... 80
32.7 Pre-Natal Leave ............................................................................... 80
32.8 Pre-adoption leave ............................................................................ 80
32.9 Permanent Care Leave ....................................................................... 81
32.10 Grandparent Leave ........................................................................... 81
32.11 Access to parental leave for an Employee whose Child is born by surrogate ........ 81
32.12 Continuing to work while pregnant ......................................................... 81
32.13 Personal/Carer’s Leave ...................................................................... 82
32.14 Transfer to a Safe Job ........................................................................ 82
32.15 Special Parental Leave ....................................................................... 82
32.16 Notice and evidence requirements ......................................................... 82
32.17 Commencement of parental leave.......................................................... 83
32.18 Rules for taking parental leave entitlements ............................................. 84
32.19 Using other accrued leave in conjunction with Parental Leave ........................ 84
32.20 Public holidays during a period of paid parental leave .................................. 84
32.21 Effect of unpaid parental leave on an Employee’s continuity of employment ....... 84
32.22 Keeping in touch days ........................................................................ 84
32.23 Extending parental leave .................................................................... 85
32.24 Total period of parental leave .............................................................. 85
32.25 Calculation of pay for the purposes of parental leave................................... 86
32.26 Half Pay......................................................................................... 86
32.27 Employer Superannuation contributions in respect of Primary Caregiver Parental
Leave 86
32.28 Commonwealth Paid Parental Leave ....................................................... 86
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32.29 Returning to Work ............................................................................. 87
32.30 Lactation breaks............................................................................... 87
32.31 Consultation and Communication during Parental Leave ............................... 88
32.32 Replacement Employees ..................................................................... 88
32.33 Casual Employees ............................................................................. 88
33 SURROGACY LEAVE ............................................................................ 89
33.1 Entitlement to Leave ......................................................................... 89
33.2 Continuing to work while pregnant ......................................................... 89
33.3 Transfer to safe job ........................................................................... 89
33.4 Commencement of Surrogacy Leave ....................................................... 89
33.5 Surrogacy Leave and other entitlements .................................................. 89
33.6 Personal/Carer’s Leave ...................................................................... 90
33.7 Special Surrogacy Leave ...................................................................... 90
33.8 Public holidays during a period of paid surrogacy leave ................................. 90
33.9 Notice and Evidentiary Requirements ...................................................... 90
34 FOSTER AND KINSHIP CARE LEAVE .......................................................... 91
35 PERSONAL/CARER’S LEAVE ................................................................... 92
35.1 Amount of Personal/Carer’s Leave ......................................................... 92
35.2 Immediate Family or Household ............................................................ 92
35.3 Personal Leave ................................................................................ 93
35.4 Carer’s Leave .................................................................................. 93
35.5 Cultural and Ceremonial Leave ............................................................. 94
35.6 Absence on Public Holidays .................................................................. 94
35.7 Unpaid Carer’s Leave ......................................................................... 94
35.8 Casual Employees – Caring Responsibilities and Compassionate Leave................ 95
36 LONG SERVICE LEAVE.......................................................................... 96
36.1 Leave Entitlement ............................................................................ 96
36.2 Taking of Long Service Leave ................................................................ 96
36.3 Payment of Long Service Leave ............................................................. 97
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37 SPECIAL LEAVE ................................................................................. 98
37.1 Compassionate Leave ......................................................................... 98
37.2 Blood Donation ................................................................................ 98
37.3 Court Attendance ............................................................................. 98
37.4 Community Services Leave .................................................................. 99
37.5 Community Volunteer Leave ................................................................ 99
37.6 Study Leave .................................................................................... 99
37.7 Special Sick Leave ............................................................................ 100
37.8 Leave Without Pay ........................................................................... 101
37.9 Family Violence Leave ....................................................................... 101
37.10 Exceptional Circumstances Leave ......................................................... 103
37.11 Leave to Attend Rehabilitation Program.................................................. 103
37.12 Transfer of Personal/Carer’s Leave Entitlements ....................................... 104
38 PURCHASED LEAVE SCHEME ................................................................. 105
39 WORKER’S COMPENSATION MAKE-UP PAY ................................................ 106
40 APPENDIX 1 – CLASSIFICATION DESCRIPTORS ............................................ 107
41 SIGNATORIES ................................................................................... 121
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3 OPERATION
3.1 Duration
This Agreement shall come into operation seven (7) days after it is approved by Fair Work
Commission and shall remain in force until 1 July 2025.
3.2 Suppression
This Agreement shall supersede the Lower Murray Urban and Rural Water Corporation
Enterprise Agreement 2018.
3.3 Application
This Agreement is made pursuant to Part 2-4 of the Fair Work Act 2009.
3.4 Scope and Parties Covered
This Agreement shall cover the following:
a) Lower Murray Urban and Rural Water Corporation (the Employer);
b) All Employees except for those identified as exclusions in sub-clause 3.5; and
Subject to a successful application to Fair Work Commission:
c) The Community and Public Sector Union;
d) The Australian Municipal, Administrative, Clerical and Services Union; and
e) Professionals Australia.
3.5 Exclusions
This Agreement shall not apply to:
a) Students who may work with LMW as part of their work experience program;
b) Any person appointed by LMW to a senior Managerial or technical specialist role and
employed on a GPEER contract;
c) Any person sourced from a labour hire agency to perform work for a limited period.
3.6 National Employment Standards (NES)
No term of this Agreement will operate to exclude any entitlement provided by the NES or to
provide any entitlement which is detrimental to an Employee’s entitlement under the NES.
For the avoidance of doubt, if there is any inconsistency between this Agreement and the
NES to the detriment of an Employee, the NES will prevail.
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3.7 No Extra Claims/Absorption
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.
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4 DEFINITIONS
In this Agreement, unless inconsistent with the context or subject matter, the following
definitions shall apply:
Term Definition
Act and FW Act The Fair Work Act 2009 (Cth)
Agreement Lower Murray Urban and Rural Water Corporation Enterprise
Agreement 2021
Employee/Employees The person/s employed by LMW (subject to sub-clause 3.5
Exclusions), whose salaries are prescribed in this Agreement
Employer Lower Murray Urban and Rural Water Corporation
FWC Fair Work Commission
GPEER Government Public Entity Executive Remuneration
Immediate Family
• a spouse, partner, child, parent, grandparent,
grandchild or sibling of the Employee
• a child, parent, grandparent, grandchild or sibling of a
spouse or partner of the Employee.
• a member of the Employee’s household or other
significant person to the Employee
Leave Leave without loss of ordinary pay, unless specified as leave
without pay
LMW Lower Murray Urban and Rural Water Corporation
Mutually agreed overtime Overtime approved and agreed between the Employee and
Employer
Ordinary hours Those hours as prescribed in the Hours of Work clause 28 of
this Agreement
Ordinary rate of pay The single time rate of pay prescribed for work being
performed in accordance with classifications outlined in
clause 21 of this Agreement
Ordinary time earnings Ordinary rate of pay
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Term Definition
People Manager The Employees Section Supervisor i.e.: Team Leader, Leading
Hand, Senior Manager, Manager or General Manager
Registered Practitioner One of the following: Aboriginal and Torres Strait Islander
health practitioner, Chinese medicine practitioner,
Chiropractor, Dental care practitioner, Medical practitioner,
Nurse practitioner, Midwife, Optometrist, Osteopath,
Pharmacist, Physiotherapist, Podiatrist or Psychologist
Shift Worker
For the purpose of the NES, a shift worker is an Employee:
(a) who works a roster and who, over the roster cycle, may
be rostered to work ordinary shifts on any of the 7 days of
the week; and
(b) who is regularly rostered to work on Sundays and public
holidays
Union The Australian Municipal, Administrative, Clerical and
Services Union (ASU) and/or the Community and Public
Sector Union (CPSU) and/or Professionals Australia
Union Official A duly accredited official of the Union who is not an
Employee of LMW
Year or Per Annum (other than Calendar Year or Financial Year) shall comprise
52 weeks.
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https://www.fwc.gov.au/documents/awardmod/download/nes.pdf
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5 ANTI-DISCRIMINATION AND WORKPLACE DIVERSITY
a) The Parties covered by this Agreement respect and value the diversity of the
workforce by helping to prevent and eliminate discrimination on the basis of race,
colour, sex, sexual preference, gender, age, physical or mental disability, marital
status, family or carer’s responsibilities, pregnancy, religion, political opinion,
national extraction, social origin, or any other attributes protected by anti-
discrimination legislation.
b) The Employer recognises the importance of workplace diversity and inclusion. The
Employer will strive to create a diverse workforce and an environment that
recognises, values, utilises and reflects the diverse society in which we live. In this
context, diversity includes cultural diversity, Aboriginal and Torres Strait Islander
identity, sexuality, age, gender identity, ability, neurodiversity and carer
responsibilities.
c) Accordingly, in fulfilling their obligations under the procedures in clause 15
(Resolution of Disputes), the Parties must make every endeavour to ensure that
neither the Agreement provisions nor their operation are directly or indirectly
discriminatory in their effects.
d) Nothing in this clause is to be taken to affect:
1. any different treatment (or treatment having different effects) which is
specifically exempted under the Commonwealth anti-discrimination legislation;
2. an Employee, Employer or Union pursuing matters of discrimination in any State
or Federal jurisdiction, including by application to the Australian Human Rights
Commission; or
3. the exceptions in section 351(2) and 772(2) of the FW Act or the operation of
sections 772(3) and 772(4) of the FW Act.
e) The Employer will act in accordance with its obligations under:
• the Equal Opportunity Act 2010 (Vic),
• the Victorian Charter of Human Rights and Responsibilities and
• the Gender Equality Act 2020 (Vic).
These obligations apply to the Employer but do not form part of the Agreement.
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6 GENDER EQUALITY
a) The provisions of this Agreement are to be interpreted consistently with the gender
equality principles defined in section 6 of the Gender Equality Act 2020 (Vic).
b) In this clause, ‘pay’ refers to remuneration including but not limited to salary,
bonuses, overtime payments, allowances, and superannuation.
6.1 Commitment to collaborative approach to achieving gender pay equality
a) The Employer will work collaboratively and consult with Employees and the Unions to
identify, support and implement strategies designed to eradicate the gender pay gap,
gender inequality and discrimination in the workplace.
b) The Employer will consult with the parties to this Agreement when undertaking
gender impact assessments when developing or reviewing any policy of, or program
or service provided by, the Employer that has a direct and significant impact on the
parties.
6.2 Gender Equality Action Plans
a) The Employer will consult with the parties to this Agreement in the preparation of
Gender Equality Action Plans under the Gender Equality Act 2020 (Vic).
b) For the purposes of this clause, ‘preparation’ refers to all stages leading up to the
publication and submission of Gender Equality Action Plans to the Commissioner
including the workplace gender audit.
6.3 Claims relating to systemic gender equality issues
A systemic gender equality issue means an issue of a systemic nature within the workplace
which adversely affects a class or group of Employees relating to:
a) Gender composition of any or all workforce levels; or
b) The gender composition of governing bodies; or
c) Equal remuneration for work of equal or comparable value; or
d) Sexual harassment in the workplace; or
e) Recruitment and promotion practices; or
f) 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
g) Gendered workplace segregation.
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6.4 Claims process
a) 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.
b) A Claim or Claims under this clause must be made in writing to the Employer.
c) 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.
d) The Employer must meet and discuss the Claim with the Claimant prior to responding
to the Claim.
e) The Employer must respond to the Claim in writing to the Claimant, within a
reasonable time, including enough details in the response to allow the Claimant to
understand the Employer’s response to each element of the Claim, including reasons
why the Claim is accepted or rejected.
f) If the Claim is unable to be resolved between the Employer and the Claimant/s,
either the Claimant/s or the Employer may refer the Claim to the Public Sector
Gender Equality Commissioner (Commissioner) to deal with.
g) The Commissioner may deal with the Claim in any way the Commissioner considers
appropriate, consistent with the requirements of the Gender Equality Act 2020 (Vic).
h) 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 Commission as a dispute of a
collective character for resolution pursuant to clause (dispute resolution procedure).
i) 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.
j) A Claimant may choose to be represented at any stage by a representative, including
a Union representative or Employer’s organization.
k) 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.
6.5 Gender Pay Equality
The Employer is committed to the principle of Gender Pay Equality. The Parties agree to
work cooperatively through the life of this Agreement towards closing the Gender Pay Gap
and recognize that achieving equality may require that special measures be taken.
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7 OCCUPATIONAL HEALTH AND SAFETY
a) The parties are committed to LMW’s agreed Occupational Health and Safety Policy,
the requirements of the Occupational Health and Safety Act 2004, and associated
regulations.
b) The parties will ensure that all Employees are provided with a healthy and safe
workplace, enabling staff to maximise productivity, and reduce absences.
c) LMW acknowledges its legal duties and responsibilities in this area and will report to
Employees on a regular basis with relevant health and safety issues.
d) LMW shall provide an adequate and hygienic sanitary accommodation at all worksites.
e) Any disputes regarding matters relating to Occupational Health and Safety, shall be
dealt with in accordance with the Occupational Health and Safety Act 2004 and
associated regulations.
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8 INTENT OF THE AGREEMENT
This Agreement has been developed in a collaborative manner by Management, Employees of
LMW and Unions to achieve a set of working arrangements, which meet the needs of the
majority of Employees, LMW and its customers. This Agreement aims to enhance the quality
of Employees working lives while also increasing productivity, efficiency and customer
service.
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9 COMMITMENT
LMW and its Employees are committed to maintaining positive and transparent relationships
with our customers and other stakeholders, providing water services in a sustainable,
reliable and timely manner. This Agreement aims to enhance the quality of employees
working lives while also increasing productivity, efficiency and customer service.
In meeting these challenges LMW and its Employees are committed to achieving the business
goals and objectives as described in LMW’s Corporate Plan.
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10 CONSULTATION AND CHANGE
10.1 General Principles
Where LMW is seriously considering or has developed a proposal for major change likely to
have a significant effect on Employees, such as a restructure of the workplace, the
introduction of new technology or changes to existing work practices of Employees, LMW
shall notify the relevant Employees and their nominated representatives (if any), the
relevant Unions covered by this Agreement and the Consultative Committee.
For the purpose of this clause, a major change is likely to have a significant effect on
Employees if it results in:
• the termination of the employment of Employees;
• major change to the composition, operation or size of LMW’s workforce or to the skills
required of Employees;
• the elimination or diminution of job opportunities (including opportunities for promotion
or tenure);
• the need to retrain Employees;
• the need to relocate Employees to another workplace; and
• the restructuring of jobs.
LMW shall discuss with the Employees affected and their nominated representatives (if any)
and the relevant Unions covered by this Agreement, the introduction of the changes, the
effects the changes are likely to have on Employees, measures to avert or mitigate the
adverse effects of such changes on Employees and give prompt consideration to matters
raised by the Employees in relation to the changes.
10.2 Consultation on Changes to Rosters or Hours of Work
a) This clause applies if LMW proposes to introduce a change to the regular roster or
ordinary hours of work of Employees, other than an Employee whose working hours
are irregular, sporadic or unpredictable.
b) LMW must notify the relevant Employees and Unions of the proposed change.
c) The relevant Employees may appoint a representative for the purposes of the
procedures in this clause. If:
1. a relevant Employee appoints, or relevant Employees appoint, a representative
for the purposes of consultation; and
2. the Employee or Employees advise the LMW of the identity of the representative;
LMW must recognise the representative.
d) As soon as practicable after proposing to introduce the change, LMW must:
1. discuss with the relevant Employees the introduction of the change; and
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2. 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 LMW reasonably believes will be the effects of the
change on the Employees; and
iii. information about any other matters that LMW reasonably believes are
likely to affect the Employees; and
3. 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)
e) LMW must give prompt and genuine consideration to matters raised about the change
by the relevant Employees.
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11 CONSULTATIVE COMMITTEE
The Committee shall comprise a fair and balanced representation of Employee
representatives (elected by Employees), Union delegates and/or organisers who are covered
by the Agreement and Employer representatives.
The parties agree to a Chairperson from each party, who will alternate at subsequent
meetings, unless otherwise agreed.
The Role of the Committee
a) To oversee the implementation of the Agreement and to seek to resolve any issues
arising;
b) To consider reports and ideas generated by Employee and Employer representatives,
relative to the Agreement’s operation;
c) To consider suggestions for continuous improvement;
d) The Committee may by agreement co-opt other relevant staff members or advisors to
attend Committee meetings as required;
e) To review and monitor the operation and implementation of the Agreement including
any relevant work-related matters as required. It is expected that Employee
representatives and Employer representatives involved in this Committee will have
the relative expertise in the particular matters relative to the monitoring aspects of
the Agreement;
f) LMW shall allow reasonable time for Employee representatives to meet and to consult
with Employees and such representatives will endeavour to minimise workflow
interruptions;
g) The Committee shall meet on an as required basis;
h) Meetings of the Committee and travel outside of work hours shall not entail
overtime.
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12 UNION COMMUNICATION
a) LMW will treat Union Delegates fairly and allow them to perform their role as Union
Delegate without any discrimination in their employment. LMW recognises and
respects that endorsed Union Delegates speak on behalf of Union members in the
workplace.
b) An Employee Union Delegate shall be granted reasonable time, conditional on
operational requirements and following reasonable notice to their Manager, to assist
other Employees and conduct Union business. With the agreement of the Manager,
the Delegate may make reasonable use of facilities such as telephone, email,
computers and photocopiers for such activity. LMW will allow Union Delegates to
place Union information on prominent notice boards across LMW locations.
c) Where access to email and internet is available, Employees will be allowed
reasonable use of electronic communication to facilitate communication between
Employees and their Union, provided that such communication is consistent with the
Email and Internet Policy of LMW.
d) LMW will enable Union Delegates to post Union information in the workplace
[intranet/digital noticeboard] in a prominent location.
e) Union Delegates are entitled to up to fifteen (15) days paid leave over the life of the
agreement to attend trade union training courses and conferences.
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13 RESOURCES FOR EMPLOYEES
LMW shall provide Employees with all adequate instruments, equipment, tools of trade,
vehicles with UV protection for suitable field roles, stationery and furniture as may be
reasonably necessary for carrying out their work except as otherwise agreed between the
Parties to this Agreement.
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14 SURVEILLANCE AND TRACKING
To further improve Employee safety and customer service GPS tracking devices, in-vehicle
monitoring devices, mobile tracking devices, apps or CCTV systems may be introduced
and/or installed in vehicles or in the workplace. This technology will not be used for the
primary purpose of initiating performance management or disciplinary purposes and will
adhere to the requirements of the following;
• Surveillance Devices Act 1999
• Privacy and Data Protection Act 2014.
Closed circuit television cameras (CCTV) are currently installed in various locations in the
workplace and are primarily used to deter safety and security incidents. CCTV is not
installed in any bathroom, washroom, change room or lactation room.
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15 DISPUTE SETTLING PROCEDURES
15.1 Resolution of Disputes and Grievances
This clause applies if a dispute relates to:
a) A matter arising under the Agreement;
b) The National Employment Standards; or
c) Any other work-related matter pertaining to the Employee, Employer relationship
other than termination of employment.
This clause does not apply to:
d) Any dispute on a matter or matters arising in the course of bargaining in relation to a
proposed enterprise agreement.
LMW or an Employee covered by this Agreement may choose to be represented at any stage
by a representative, including a union representative or Employer organisation.
15.2 Obligations
a) The parties to the dispute or grievance, and their representatives, must genuinely
attempt to resolve the dispute or grievance through the processes set out in this
clause and must cooperate to ensure that these processes are carried out promptly.
b) Unless a reasonable concern related to the health and safety of any person exists, or
the parties agree otherwise, that the position that existed prior to the dispute
situation arising will prevail. This requirement does not apply in circumstances
where an Employee has been suspended on full pay as a part of an investigation or
disciplinary process involving alleged serious misconduct in accordance with the
definition of serious misconduct contained in the Act and the Regulations.
c) No person covered by the Agreement will be prejudiced as to the final settlement of
the dispute or grievance by the continuance of work in accordance with this clause.
15.3 Agreement and Dispute Settlement Facilitation
a) For the purposes of compliance with this Agreement (including compliance with this
dispute settlement procedure) where the chosen Employee representative is another
Employee of LMW, they must be released by LMW from normal duties for such periods
of time as may be reasonably necessary to enable them to represent Employees
concerning matters pertaining to the employment relationship including but not
limited to:
1. Investigating the circumstances of a dispute or an alleged breach of this
Agreement or the National Employment Standards;
2. Endeavouring to resolve a dispute arising out of the operation of the Agreement
or the National Employment Standards; or
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3. Participating in conciliation, arbitration or any other agreed alternative dispute
resolution process.
b) The release from normal duties referred to in this clause is subject to the proviso
that it does not unduly affect the operations of LMW.
15.4 Discussion of Grievance or Dispute
a) The dispute or grievance must first be discussed by the aggrieved Employee(s) with the
immediate People Manager 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 LMW appointed for the purposes of this procedure.
15.5 Internal Process
a) If any party to the dispute or grievance who is covered by this Agreement refers the
dispute or grievance to an established internal dispute or grievance resolution process,
the matter must first be dealt with according to that process, provided that the
process is conducted in a timely manner and is consistent with the following
principles:
• The rules of natural justice;
• Provide for mediation or conciliation of the grievance;
• Provide that LMW will take into consideration any views on who should conduct the
review; and
• Be conducted as quickly and with as little formality as a proper consideration of the
matter allows.
b) If the dispute or grievance is not settled through an internal dispute or grievance
resolution process, the matter can be dealt with in accordance with the processes set
out below.
c) If the matter is not settled, either Party may refer the matter to Fair Work
Commission (FWC) for conciliation.
15.6 Disputes of a Collective Character
a) The parties covered by the Agreement acknowledge that disputes of a collective
character concerning more than one (1) 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.
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15.7 Conciliation
a) Where a dispute or grievance is referred for conciliation, a member of FWC shall do
everything that appears to the member to be right and proper to assist the parties to
agree on terms for the settlement of the dispute or grievance.
b) This may include arranging:
1. Conferences of the parties to the dispute or their representatives presided over
by the member; and
2. For the parties or their representatives to confer among themselves at
conferences at which the member is not present.
c) Conciliation before FWC shall be regarded as completed when:
1. The parties to the dispute have reached agreement on the settlement of the
grievance or dispute; or
2. 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
3. The parties to the dispute have informed the FWC member that there is no
likelihood of agreement on the settlement of the grievance or dispute and the
member does not have substantial reason to refuse to regard the conciliation
proceedings as completed.
15.8 Arbitration
a) If the dispute or grievance has not been settled after conciliation, either party may
request that FWC proceed to determine the dispute or grievance by arbitration.
b) Where a member of FWC has exercised conciliation powers in relation to the dispute
or grievance, the member shall not exercise, or take part in the exercise of,
arbitration powers in relation to the dispute or grievance if a party objects.
c) Subject to sub-clause 15.8 d) below, the determination of FWC is binding upon the
persons bound 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.
15.9 Conduct of Matters Before FWC
Subject to any agreement between the parties to the dispute in relation to a particular
dispute or grievance and the provisions of this clause, in dealing with a dispute or grievance
through conciliation or arbitration, FWC may conduct the matter in accordance with
Subdivision B of Division 3 of Part 5-1 of the Fair Work Act 2009.
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16 FORM OF EMPLOYMENT
16.1 Engagement
a) Engagement, promotion or transfer under this Agreement shall satisfy the Public
Sector Employment Standards and Guidelines as issued by the Victorian Public Sector
Commission or its successor.
b) LMW acknowledges the positive impact that secure employment has on Employees
and the provision on quality services to the Victorian community.
c) LMW will give preference to ongoing forms of employment over casual and limited
tenure arrangements wherever possible.
d) Where a Union or affected Employee identify limited tenure or casual employment
that is considered not to meet the criteria established in sub-clauses 16.6 and 16.4,
the union or affected Employee will refer the matter to LMW. If the parties cannot
resolve the matter, it will be dealt with under clause 15 (Dispute Settling
Procedures).
e) If labour hire staff are to be used, LMW shall ensure that any workers engaged
through a supplementary labour hire arrangement or contract, and who are under the
direction and control of LMW performing work that, had it been done by direct
Employees of LMW would have been covered by this Agreement, shall receive wages,
allowances and conditions no less favourable than those contained in this Agreement.
f) At the time of engagement, the Employee shall provide a written statement of their
usual place of residence and telephone contact.
g) The Employee shall inform LMW in writing of any subsequent change in their usual
place of residence and/or telephone contact, within ten (10) working days.
h) An Employee may be engaged on a full-time, part-time, limited tenure or casual
basis.
i) All Employees engaged shall be provided with a position description for their role
(other than casuals effecting basic duties for less than a month).
16.2 Full-time Employment
A full-time Employee is engaged to work an average of thirty-eight (38) ordinary hours per
week over a period of twenty-eight (28) days.
16.3 Part-time Employment
a) LMW may employ part-time Employees in any classification in this Agreement.
b) A part-time Employee:
• works less than thirty-eight (38) hours per week;
• has reasonably predictable hours of work; and
• receives, on a pro rata basis, equivalent pay and conditions to those of full-time
Employees who do the same kind of work.
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c) At the time of engagement, LMW 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.
d) Any variation to the hours of work in clause c) must be by agreement between LMW
and the part-time Employee and recorded in writing.
e) LMW is required to roster a part-time Employee for a minimum of three (3)
consecutive hours on any shift.
f) All time worked in excess of the hours as agreed under clause c) or as varied under
clause d) will be overtime and paid for at the rates prescribed in clause 28.4 —
Overtime.
g) A part-time Employee employed under the provisions of clause 16.3 must be paid for
ordinary hours worked at the minimum hourly rate in clause 21 – Salary.
16.4 Casual Employment
LMW acknowledges the positive impact that secure employment has on Employees and the
provision of quality services to the Victorian community.
LMW will give preference to ongoing forms of employment over casual and limited tenure
arrangements wherever possible.
Where a Union or affected Employees identify limited tenure or casual employment that is
considered not to meet the criteria established in this clause and clause 16.6, the Union or
affected Employees will refer the matter to LMW. If the parties cannot resolve the matter,
it will be dealt with under clause 15 (Dispute Settling Procedures)
a) LMW can engage a casual Employee as defined in section 15A of the Fair Work Act 2009
(Cth).
b) A casual Employee shall receive an additional twenty-five (25) per cent of the
appropriate ordinary hourly rate for each hour during which the casual is employed,
except for any overtime hours worked, which will be based on the ordinary hourly
rate plus overtime penalty but excluding the twenty-five (25) per cent casual loading.
c) The twenty-five (25) per cent loading in sub-clause 16.4 c) above is in lieu of all paid
leaves other than Long Service Leave, Public Holidays not worked and to compensate
for the nature of casual work.
d) A casual employee must be engaged and paid for at least 2 consecutive hours of work
on each occasion they are required to attend work.
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16.5 Casual Conversion
LMW will make offers for casual conversion in accordance with, and subject to the terms of,
the Fair Work Act 2009 (Cth).
Right to request casual conversion
a) A person engaged by the particular employer as a regular casual Employee may
request that their employment be converted to full-time or part-time employment.
b) A regular casual Employee is a casual Employee who has in the preceding period of
twelve (12) months worked a pattern of hours on an ongoing basis which, without
significant adjustment, the Employee could continue to perform as a full-time
Employee or part-time Employee under the provisions of this Agreement.
c) A regular casual Employee who has worked equivalent full-time hours over the
preceding period of twelve (12) months’ casual employment may request to have
their employment converted to full-time employment.
d) A regular casual Employee who has worked less than equivalent full-time hours over
the preceding period of twelve (12) months’ casual employment may request to have
their employment converted to part-time employment consistent with the pattern of
hours previously worked.
e) Any request under clause 16.5 must be in writing and provided to LMW.
f) Where a regular casual Employee seeks to convert to full-time or part-time
employment, LMW may agree to or refuse the request, but the request may only be
refused on reasonable grounds and after there has been consultation with the
Employee.
g) Reasonable grounds for refusal include that:
1. it would require a significant adjustment to the casual Employee’s hours of work
in order for the Employee to be engaged as a full-time or part-time Employee in
accordance with the provisions of this Agreement —that is, the casual Employee
is not truly a regular casual Employee as defined in sub-clause 16.5 b);
2. it is known or reasonably foreseeable that the regular casual employee’s position
will cease to exist within the next twelve (12) months;
3. it is known or reasonably foreseeable that the hours of work which the regular
casual Employee is required to perform will be significantly reduced in the next
twelve (12) months; or
4. it is known or reasonably foreseeable that there will be a significant change in
the days and/or times at which the Employee’s hours of work are required to be
performed in the next twelve (12) months which cannot be accommodated within
the days and/or hours during which the Employee is available to work.
h) For any ground of refusal to be reasonable, it must be based on facts which are
known or reasonably foreseeable.
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i) Where LMW refuses a regular casual Employee’s request to convert, LMW must
provide the casual Employee with LMW’s reasons for refusal in writing within twenty-
one (21) days of the request being made.
j) If the Employee does not accept LMW’s refusal, this will constitute a dispute that will
be dealt with under the dispute resolution procedure in clause 15 — Dispute settling
procedure. Under that procedure, the Employee or LMW may refer the matter to the
Fair Work Commission if the dispute cannot be resolved at the workplace level.
k) Where it is agreed that a casual Employee will have their employment converted to
full-time or part-time employment as provided for in clause 16.5, LMW and Employee
must discuss and record in writing:
1. the form of employment to which the Employee will convert — that is, full-time
or part-time employment; and
2. if it is agreed that the Employee will become a part-time Employee, the matters
referred to in clause 16.3.
l) The conversion will take effect from the start of the next pay cycle following such
agreement being reached unless otherwise agreed.
m) Once a casual Employee has converted to full-time or part-time employment, the
Employee may only revert to casual employment with the written agreement of LMW.
n) A casual Employee must not be engaged and re-engaged (which includes a refusal to
re-engage),or have their hours reduced or varied, in order to avoid any right or
obligation under clause 16.5.
o) Nothing in clause 16.5 obliges a regular casual Employee to convert to full-time or
part-time employment, nor permits the Employer to require a regular casual
Employee to so convert.
p) Nothing in clause 16.5 requires the employer to increase the hours of a regular casual
Employee seeking conversion to full-time or part-time employment.
q) The employer must provide a casual Employee, whether a regular casual Employee or
not, with a copy of the provisions of clause 16.5 within the first twelve (12) months
of the Employee’s first engagement to perform work. In respect of casual Employees
already employed LMW must provide such Employees with a copy of the provisions of
clause 16.5.
r) A casual Employee’s right to request to convert is not affected if LMW fails to comply
with the notice requirements in sub-clause 16.5 q).
16.6 Limited Tenure Employment
a) A limited tenure Employee may be engaged for any fixed period not exceeding three
(3) years to work in accordance with the provisions of this Agreement.
b) The employment of any such person may, by agreement, be extended in yearly
increments up to a maximum of a further three (3) years.
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c) Limited tenure Employees will enjoy the same conditions as full-time Employees,
except that such staff shall have no rights to retrenchment payments at the
completion of their employment.
d) Limited tenure employment may be utilised by LMW in circumstances including:
1. The temporary replacement of staff proceeding on extended leave;
2. To meet fluctuating client and staffing needs and unexpected increased
workloads;
3. To undertake a specific, but finite task (possibly linked to one off funding);
4. To replace departing staff in a section that is under review for possible
structural change;
5. To temporarily fill a vacancy resulting from an Employee undertaking a
temporary assignment or secondment;
6. To temporarily fill a vacancy where, following an appropriate selection process,
a suitable on-going Employee is not available.
e) LMW will not use limited tenure contract positions for the purpose of undermining the
job security or conditions of full-time ongoing Employees.
g) Where an Employee has been engaged on a limited tenure basis for more than three
years; they were employed through a merit selection process; their performance has
been satisfactory; and it is identified that the need for the role is ongoing, the
Employee will be offered the role.
h) LMW will give preference to ongoing forms of employment over casual and limited
tenure arrangements wherever possible.
16.7 Minimum Employment Period
LMW may, in recruiting new Employees, require such Employees to normally complete a
minimum employment period of up to three (3), but not more than six (6) months.
a) During the minimum employment period a review of the Employee’s performance will
occur, and the Employee will have an opportunity to respond to any concerns
regarding their performance.
b) LMW may terminate the Employee by providing one (1) week notice or one (1) week
payment in lieu of notice.
c) At the conclusion of the minimum employment period, the Employee’s performance
will be further reviewed and the employment status clarified.
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17 INDIVIDUAL FLEXIBILITY ARRANGEMENTS
a) The employer and Employee covered by this Enterprise Agreement may agree to
make an individual flexibility arrangement to vary the effect of terms of their
agreement if:
b) The agreement deals with 1 or more of the following matters:
• arrangements about when work is performed, including span of hours; or
• overtime rates; or
• penalty rates; or
• allowances; or
• leave loading
c) The arrangement meets the genuine needs of LMW and Employee in relation to 1 or
more of the matters mentioned in paragraph a)
d) The arrangement is genuinely agreed to by the employer and Employee; and
e) The employer must ensure that the terms of the individual flexibility arrangement:
• are about permitted matters under section 172 of the Fair Work Act 2009; and
• are not unlawful terms under section 194 of the Fair Work Act 2009; and
• are as per the Fair Work Act 2009 section 65; and
• result in the Employee being better off overall than the Employee would be if
no arrangement was made.
f) The employer must ensure that the individual flexibility arrangement:
• is in writing; and
• includes the name of the employer and Employee; and
• 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 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 the Employee’s employment as a result of the arrangement; and
• states the day on which the arrangement commences.
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g) The employer must give the Employee a copy of the individual flexibility arrangement
within fourteen (14) days after it is agreed to.
h) The employer or Employee may terminate the individual flexibility arrangement:
• by giving no less than twenty-eight (28) days written notice to the other party
to the arrangement; or
• if the employer and Employee agree in writing — at any time.
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18 FLEXIBLE WORKING ARRANGEMENTS – SPECIFIC
CIRCUMSTANCES
a) The Employer has a genuine commitment to supporting and promoting flexible
working arrangements within LMW in a way that balances both individual flexibility
and operational requirements.
b) Flexible working arrangements refer to adjustments to an Employee’s usual working
arrangements, including but not limited to hours of work, start and finish times, days
of work and/or location of work (including working remotely), which will help them
to manage their personal circumstances subject to reasonable business needs.
c) The span of hours in sub-clause 28.1 a) may be altered by up to two (2) hours at
either end of the span by agreement. The span may not be altered to be greater
than twelve (12) hours and may include weekends at the Employees request.
d) A request for flexible working arrangements will be considered with the goal of
reaching an outcome in which an individual’s needs for flexibility are accommodated
where possible, consistent with business requirements, industrial obligations and
legislative requirements. In the first instance these discussions should generally occur
between the Employee and the relevant Manager.
e) Consideration of any request for flexible working arrangements should include:
1. the Employee’s circumstances;
2. the consequences for the Employee of approving or not approving the
arrangement;
3. how the need for flexibility can be accommodated without disproportionately
impacting operational requirements.
f) Any request for flexible working arrangements will be considered after appropriate
weighing of individual and business needs and full consideration of all the
circumstances no later than twenty-one (21) days after the request is made. If the
relevant Manager refuses a request for flexible working arrangements, they must
provide the Employee with written reasons for the refusal, which should include the
factors the Manager considered in arriving at their decision. Reasonable grounds for
refusal may include any of the following:
1. that the new working arrangements requested by the Employee would be too
costly for the Employer; or
2. that there is no capacity to change the working arrangements of other
Employees, or recruit new Employees, to accommodate the new working
arrangements requested by the Employee; or
3. 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; or
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4. that the new working arrangements requested by the Employee would be likely
to result in a significant loss in efficiency or productivity; or
5. that the new working arrangements requested by the Employee would be likely
to have a significant negative impact on customer service.
g) If the Employer and Employee reached an agreement under sub-clause 18 d) on a
change in working arrangements that differs from that initially requested by the
Employee, the Employer must provide the Employee with a written response to their
request setting out the agreed change or changes in working arrangements.
h) Without limiting any rights or obligations in this Agreement, if an Employee believes
that their application for flexible working arrangements has been unreasonably
refused on the basis of the written reasons for the refusal as set out by the relevant
Manager, the Employee follow clause 15 Dispute Settling Procedures.
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19 TRANSFER OF BUSINESS
LMW will manage the transfer of business processes, should the need arise, in the following
way:
a) Where Government Policy exists, it shall comply with the requirements of the
Government’s Policy as it relates to Transfer of Business. This policy does not form
part of this Agreement.
b) In the absence of Governmental Policy covering Transfer of Business, LMW will
comply with the following provision:
LMW will not transfer any part of the whole of its business to another employer
where that transfer will require the employment by the transferee of any Employee
of LMW, during the life of this Agreement, unless that employer acknowledges its
obligation under the Act.
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20 TERMINATION OF EMPLOYMENT
20.1 Notice of Termination by LMW
a) In order to terminate the employment of an Employee other than a casual Employee,
LMW shall, unless a differing period is agreed, give the Employee the following
notice:
Employee’s period of continuous service with LMW Period of Notice
Not more than one (1) year One (1) week
More than one (1) year but not more than three (3) Two (2) weeks
More than three (3) years but not more than five (5) Three (3) weeks
More than five (5) years Four (4) weeks
The above periods of notice shall be increased by an additional period of one (1)
week where the Employee is over forty-five (45) years of age and has completed at
least two (2) years of continuous service with LMW.
b) Payment in lieu of notice as prescribed in sub-clause 20.1 a) 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.
c) In calculating any payment in lieu of notice, the wages an Employee would have
received in respect of the ordinary time they would have worked during the period of
notice had their employment not been terminated shall be used.
d) The period of notice or payment in lieu of notice in this clause shall not apply in the
case of dismissal for serious or wilful misconduct or in the case of casual Employees
or Employees engaged for a specific period under the Agreement or as prescribed by
the Act.
20.2 Notice of Termination by the Employee
a) The notice of termination to be given by an Employee shall be the same as that
required of LMW as prescribed in sub-clause 20.1 a), except that there is no
requirement on the Employee to give additional notice based on the Employee’s age,
or any other period by Agreement.
b) Subject to the financial obligations imposed on LMW by any Act, if an Employee fails
to give notice, LMW shall have the right to deduct from wages due to the Employee
under this Agreement an amount that is no more than one week’s wages for the
Employee.
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c) No Employee will be disadvantaged with respect to standby and roster penalties that
they would have normally earned, should LMW request that they do not serve out
their notice period.
20.3 Time Off During Notice Period
Where LMW has given notice of termination to an Employee, the Employee shall be allowed
up to one (1) day of time off without loss of pay for each week of the notice period for the
purpose of seeking other employment. The time off shall be taken at times that are
convenient to the Employee after consultation with LMW.
20.4 Abandonment of Employment
a) The absence of an Employee from work for a continuous period exceeding five (5)
working days without the consent of LMW and without notification to LMW shall be
prima facie evidence that the Employee has abandoned his/her employment.
b) If, within a period of fourteen (14) calendar days from the Employee's last attendance
at work, or the date of the Employees last absence in respect of which notification
has been given or consent has been granted, an Employee has not established to the
satisfaction of LMW that the absence was for reasonable cause, the Employee shall be
deemed to have abandoned their employment.
c) Abandonment of employment constitutes grounds for termination by the Employer if
the employment has not otherwise ended.
d) If the employer terminates an Employees employment due to abandonment as
described in sub-clause 20.4 b), the Employee will be provided notice of termination
in accordance with sub-clause 20.1 a) of the Agreement. Termination of employment
will operate from the date of the issue of the Notice.
20.5 Redeployment/Redundancy
a) Where a decision is made by LMW, which will result in a change in work requirements
or where work is no longer performed, and as a result the Employees position
becomes excess to requirements, consultation with the Employee will occur to
endeavour to redeploy the Employee to another position if a suitable vacancy exists.
b) If the Employee is unsuccessful in being redeployed or appointed to a new position
and no suitable vacancy exists, the Employee shall be retrenched and shall be eligible
for the redundancy package available at the time of the redundancy as prescribed by
the State Government Public Sector Industrial Relations Policies or its replacement.
c) If the departure is of a Non-Voluntary nature, the Employee shall be given access to
counselling and provided with assistance as outlined in the clause dealing with Time
Off During the Notice Period. Where Voluntary departure packages are being
considered, Employees may be provided with job search assistance and access to
financial advice upon request.
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20.6 Statement of Employment
LMW shall, upon receipt of a request from an Employee whose employment has terminated,
provide to the Employee a written statement specifying the period of their employment, the
classification of or the type of work performed by the Employee and the basis of the
termination.
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21 SALARY
21.1 Quantum and Timing
a) The following salary rates shall be payable to Employees from 5 October 2021:
A B C D E
1 55,100 58,349 61,596 64,848 68,100
2 68,100 71,437 74,773 78,109
3 79,779 83,255 86,730
4 90,221 94,843 99,467
5 101,278 105,503 109,730
6 111,754 114,790 117,829
7 119,072 122,484 125,896
b) A further 2.0% increase in salary for all Employees covered by this Agreement will
take effect from 1 July 2022 and will be paid in the first full pay period on or after 1
July 2022.
A B C D E
1 56,202 59,516 62,828 66,145 69,462
2 69,462 72,866 76,269 79,672
3 81,375 84,921 88,465
4 92,026 96,740 101,457
5 103,304 107,614 111,925
6 113,990 117,086 120,186
7 121,454 124,934 128,414
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c) A further 2.0% increase in salary for all Employees covered by this Agreement is to be
paid from the first full pay period on or after 1 July 2023.
A B C D E
1 57,327 60,707 64,085 67,468 70,852
2 70,852 74,324 77,795 81,266
3 83,003 86,620 90,235
4 93,867 98,675 103,487
5 105,371 109,767 114,164
6 116,270 119,428 122,590
7 123,884 127,433 130,983
d) A further 2.0% increase in salary for all Employees covered by this Agreement is to be
paid from the first full pay period on or after 1 July 2024.
A B C D E
1 58,474 61,922 65,367 68,818 72,270
2 72,270 75,811 79,351 82,892
3 84,664 88,353 92,040
4 95,745 100,649 105,557
5 107,479 111,963 116,448
6 118,596 121,817 125,042
7 126,362 129,982 133,603
e) For Employees classified in the above structure who are on a salary at the time of the
commencement of the Agreement or during the life of the Agreement that is above
their classification salary, this over the classification salary shall be paid and shall
remain fixed until their substantive classification salary exceeds the over the
classification rate.
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21.2 Top of Band payment
a) An Employee at the top of their Band may be entitled to a lump sum payment of 1%
of the Employee’s salary in the third year of the Agreement and continuing annually.
b) To qualify for this payment an Employee must;
• Have a finalised appraisal assessment based on their PDP for a particular year,
including successful completion of all four appraisals throughout the PDP cycle
for that year within the set appraisal timeframes that confirms as a minimum;
o The Employee has met all set performance and development goals and an
assessment of exceeding expectations on at least 50% of performance goals.
o Assessment expectations will be based on LMW’s skills and competencies
assessment matrix and relevant to the level of position each Employee
holds; and
• Has not been under performance management or disciplined for any
performance or behavioural concern/s during the PDP cycle; and
• Be at their end of band for at least two (2) years
c) During the Employee validation process held in February, approval for Employees
eligibility for top of Band payment is required by The Executive Team and Managing
Director.
d) At any stage of the PDP and/or employee validation process if an Employee is not
satisfied then they should discuss this with their Manager and/or General Manager
and if not resolved, should engage the People Team to support a resolution.
e) Where the above criteria are not met in its entirety, the Employee will not be
eligible for the lump sum payment and there will be no avenue for review or
reconsideration in the event that improved performance is achieved outside the
relevant PDP cycle.
21.3 Apprentices and Trainees
a) Apprentices and Trainees will be employed under the conditions of this Enterprise
Agreement.
b) Apprentices and Trainees shall be paid up to $500 more than the annual rates of pay
prescribed in the Water Industry Award 2020 and National Training Wage (as varied
from time to time) each financial year. This will be paid fortnightly on a pro rata
basis based on the number of hours worked.
c) If an apprentice or trainee is successful in obtaining a position with LMW after
successful completion of their apprenticeship or traineeship their service period with
LMW will be recognised for long service leave accruals.
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21.4 Payment
a) Employees shall be paid fortnightly by electronic funds transfer to an account/s
nominated by the Employee and payment will be made by Thursday of the pay week.
Where that day falls on a Public Holiday, every endeavor shall be made to make
payment on the previous working day, or if this is not achievable, on the next
working day. If the public holiday is a Monday, payment will be made after two (2)
clear working days. Advice will be provided to Employees when such circumstances
arise.
b) The fortnightly rate shall be calculated by dividing the annual rate of pay by twenty-
six (26).
c) The hourly rate shall be calculated by dividing the fortnightly rate by seventy-six
(76).
d) In the case of part-time Employees, the normal fortnightly rate shall be calculated by
multiplying the hourly rate by the fixed hours of duty.
e) Full-time Employees shall be paid based on an average of a seventy-six (76) hour
fortnight to avoid fluctuating wage payments, where an Employee’s ordinary hours of
work may be more or less than seventy-six (76) in any particular fortnight of the work
cycle.
f) Employees shall receive any additions to their ordinary pay not later than two (2)
pays after the event.
21.5 Promotion between Bands
a) Promotion from one Band to another is not automatic but is dependent upon either:
1. A suitable vacancy being filled in fair and open competition, solely based on
merit;
2. A position being reclassified as per Classification / Reclassification procedure;
3. An Employee successfully requesting a reclassification of their position and that
request being approved by Managing Director. The request must be in writing
and must be justified to the satisfaction of their General Manager and the
Managing Director.
4. This also applies to broad banded positions as identified.
b) Upon promotion Employees shall normally commence at the next highest salary point.
21.6 Progression within Bands
a) Progression from one increment level to the next increment level within each Band is
not automatic. Employees shall be eligible for progression upon satisfactory
completion of all of the following:
1. Acquisition and satisfactory utilisation of new or enhanced skills which are
required by LMW; and
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2. Meeting established annual performance plan objectives, including the
satisfactory completion of identified learning and development activities; and
3. Demonstrated Learning and Development and satisfactory service over a
minimum period of twelve (12) months at each level within the Band; and
4. Upon agreement from the Managing Director and relevant General Manager,
LMW may make any reasonable adjustment within Bands.
b) Provided that progression to increment level 1E shall only be available for Civil
Maintenance Employees or others approved by the Managing Director who are
required, and who regularly undertake rostered standby duties. Any Employee who is
classified at this increment who for whatever reason (excepting approved leave
absences) ceases to perform rostered standby duties, shall revert to increment level
1D as their salary classification.
21.7 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:
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) Employees who are authorised to perform the duties of a job in the next highest band
shall be paid one (1) additional hour at their ordinary rate, for each eight (8) hours
worked, provided that such payment does not exceed the rate of the Employee being
relieved.
c) Employees who are authorised to perform the duties in a position two (2) bands or
more above their band shall be paid one and half (1.5) additional hours at their
ordinary rate, for each eight (8) hours worked, provided that such payment does not
exceed the rate of the Employee being relieved.
d) Higher duties payments will apply from when such duties commence. Public holidays
and weekends will not interrupt consecutive days. Standby and call outs, will not be
paid at Higher Duties rates.
e) Provided that this sub-clause shall not apply to Employees undertaking recognised on
the job training and/or skill development in the band immediately above their
substantive Band for an agreed period.
21.8 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.
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c) Salary sacrifice to Government defined benefit superannuation schemes must be in
accordance with relevant Government legislation.
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22 TALENT MANAGEMENT AND PERFORMANCE
LMW is operating in a competitive environment, with a regulatory overview, where high
levels of performance are crucial to the success of the business. LMW recognises Talent
Management as a critical component of maintaining Employee engagement and supporting
the growth and development of its people.
LMW’s Talent Management Framework is an integrated model providing a varied and flexible
approach to our Employee’s performance and development needs. Managers and Employees
will work together to plan and monitor progress towards achieving key organisational
performance targets as defined in LMW’s Strategic Plan, Corporate Plan and Water Plan.
a) Employees shall participate in an annual performance and development plan in
accordance with LMW’s Talent Management Framework. Plans will include
performance and development goals to be achieved within a 12-month period.
b) Performance goals are negotiated between the Employee and their direct manager.
Support to negotiate appropriate goals may be provided from the People Team or a
more senior manager during the performance cycle.
c) Performance goals must be consistent with the work value of the Employees
classification.
d) Development goals will be consistent with the principles of LMW’s 70/20/10 Learning
and Development Model as descried in LMW’s Talent Management Framework and
Learning and Development procedure.
e) Formal and informal reviews will take place on a quarterly basis within the
performance cycle and the PDP can be altered during the performance cycle by
agreement.
f) Managers and Employees commit to engage in LMW’s Talent Management Framework
to achieve a range of outcomes including but not limited to;
1. Providing valuable feedback to Employees to assist Employees to understand
their level of performance and how they contribute to the achievement of
business objectives.
2. Assist in identifying Employee learning and development needs.
3. Provide valuable feedback to help people managers to understand how to
support their Employees to improve performance and achieve their career
aspirations.
4. Identify suitable successors to critical positions and develop succession plans to
support the current and future skill requirements of the organisation.
5. Promote the use of Acting arrangements and Secondment opportunities to
develop Employees for future career progression.
6. Ensure skill and knowledge transfer between Employees.
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7. Support reward and recognition for Employees where performance consistently
exceeds expectations of their position.
g) Should an Employee and their People Manager not agree on the outcome of the
review, then an independent General Manager or a suitably trained member of the
People Team will review the outcome and support both parties to reach agreement or
negotiated way forward.
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23 LEARNING AND DEVELOPMENT
a) LMW is committed to providing on-going training to Employees to increase efficiency
and productivity and to enhance skill development and career opportunities for
Employees.
b) Learning and development will be developed between Employees and their People
Managers in conjunction and with the approval of the Employees General Manager.
Such training must be relevant to the functions of LMW and be likely to increase the
efficiency and individual development of the Employee.
c) Training may occur either inside or outside ordinary work hours depending on the
practicability and availability of the training provider. Where attendance at training
seminars and conferences out of hours is voluntary it is unpaid time.
d) Travel time outside of ordinary work hours associated with attendance at training,
seminars, conferences etc. is unpaid time and is subject to OHS requirements. For
accredited training, where the training is an inherent requirement of the role, time
in lieu will be granted, this time in lieu cannot be cashed out and must be used
within six (6) months.
Refer to clause 37.6 to access Study Leave.
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24 PROFESSIONAL MEMBERSHIPS AND REGISTRATIONS
LMW recognises the benefits of supporting Employees to engage with and maintain
professional membership within the discipline in which they are employed with LMW.
Professional organisations promote quality standards, professional development and provide
activities and services to support service excellence across the specific sector. For example
Engineering Australia, Australian Human Resource Institute (AHRI), Certified Practicing
Accountant (CPA).
LMW will provide financial support to cover the costs of the annual professional membership
for an Employee where it is a mandatory requirement of the role in which the Employee is
employed. Where an Employee is identified as a potential successor within the next 1-3
years to a role which has a mandatory requirement for professional membership LMW may
provide financial support up to the value of $500 per year toward the annual membership
fees as part of the Employees continued development.
LMW is committed to ensuring that all professional engineers employed by the business who
are providing professional engineering services as described by the Professional Engineers
Registration Act 2019 will be registered or be under the direct supervision of a Registered
Professional Engineer.
Where professional engineering services accreditation is referenced as a requirement
(essential) in the position description for a particular role, LMW will meet the cost of the
registration fee. Where an Employee identified as a potential successor within the next 1-3
years to a position which requires engineering Registration LMW may provide financial
support to reimburse an Employee for the registration on an annual basis.
Where LMW provides financial support to reimburse an Employee’s professional membership
or Engineering Registration Employees must demonstrate the following in each year the
reimbursement is claimed;
a) At least satisfactory performance and achievement of agreed development activities
in their annual PDP.
b) Knowledge sharing with LMW, peers and colleagues in a way which supports best
practice within the specific discipline.
Contribution to improvements in LMW policy, process or system within the specific discipline
which improves business or customer outcomes.
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25 UNSATISFACTORY PERFORMANCE
LMW is committed to providing a fair and consistent approach to managing disciplinary and
corrective action across the organisation for unsatisfactory performance or behaviour.
LMW is committed to ensuring it meets its statutory obligations and adheres to the principles
of procedural fairness and natural justice, including, but not limited to the following:
a) the right to a fair hearing including adequate notice of what is alleged and a
reasonable opportunity to respond to allegations.
b) the right to an unbiased process of judgement.
c) the right to representation, including union representation, at any stage throughout
the process, so long as this does not lead to an unreasonable delay.
Disputes arising from a process under the LMW Misconduct and Underperformance Guidelines
will be managed accordance with clause 15 Dispute Settling Procedures.
25.1 Unsatisfactory Behaviour / Work Performance
a) This procedure will be applied where LMW considers an Employee is not satisfactorily
performing duties or for reasons of alleged misconduct. This includes inefficiency,
neglect of duty, absenteeism, lack of punctuality, reasonable standards of dress,
grooming and personal hygiene, non-adherence to instructions, procedures and
policies, and poor work performance.
b) All steps in this procedure will be carried out in private, in the presence of a witness
who will record details of the interview and, if desired by the Employee, a
representative.
c) The People Manager will discuss the matter with the Employee in an effort to
ascertain reasons and formulate or recommend an outcome. If the outcome is not
agreed the Employee shall be warned and counselled by the People Manager and the
unsatisfactory behaviour will be defined and its deficiencies explained to the
Employee. The Employee has a right of reply which will be duly considered.
Corrective action and a satisfactory level of performance will be specified to the
Employee. Details of the warning and interview shall be recorded and the Employee
shall be given the opportunity to comment on the warning and this statement will be
placed on the Employees personnel file.
d) If the Employee’s work performance does not reach a defined satisfactory level, the
Employee will again be warned and counselled and details of the written warning and
interview shall be recorded. Details shall be placed on the Employees personnel file.
The Employee shall be given the opportunity to comment on the warning and this
statement will also be placed on the Employees personnel file.
e) A monitoring period not exceeding one (1) month shall be set for review of
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f) If no improvement in performance is demonstrated or a repeat occurrence of the
matter under review occurs within the subsequent six (6) months, a final written
warning will be issued and details of the interview shall be recorded. Details shall be
placed on the Employees personnel file. The Employee shall be given the opportunity
to comment on the warning and this statement will also be placed on the Employee’s
personnel file. It shall be clearly explained that the Employee’s continuing
employment is under review and unless improvement is demonstrated, within a
specified period, then employment may be terminated.
25.2 Misconduct
Misconduct includes, without limiting its generality:
• malingering;
• neglect of duty;
• fraud or embezzlement;
• malicious damage of LMW or its customers property;
• violating the Victorian Public Sector Commission Code of Conduct for Victorian Public
Sector Employees or a serious breach of LMW’s Equal Employment Opportunity or
Occupational Health and Safety requirements;
• continued misuse of financial delegation;
• assault;
• theft;
• drunkenness;
• unauthorised consumption of alcohol or being under the influence of illegal drugs during
working hours;
• misuse of LMW vehicles, being absent from the work area without permission; or
• refusal to carry out lawful directions.
It is a single deliberate act which may lead to summary dismissal. It will be the subject of
immediate action by LMW as detailed below:
a) A thorough investigation will be held, during which time the Employee may be
suspended with pay and shall not continue working. The Employee or their staff or
Union representative shall be advised of any rights they may have regarding summary
dismissal.
b) The onus of proof will be on LMW to substantiate that the conduct is sufficient to
warrant dismissal. The Employee shall be given the opportunity to explain the
conduct.
c) LMW will document all relevant details including the date, nature of offence and the
Employees response to any warnings or charges of misconduct.
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d) LMW will provide all details, unless otherwise bound by legislation of any
documentation relating to charges of misconduct to the Employee. Where an
Employee is subject to a disciplinary investigation or process they may be assisted
throughout the process by a person of their choosing.
e) If summary dismissal is not warranted alternative disciplinary action may be taken
and a final warning may be issued.
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26 WORKLOAD
a) Where an individual or group of individuals believe that there is an unreasonable
allocation of work leading to staff being overloaded with work, the individual or
group of individuals concerned can seek to have the allocation reviewed by LMW to
address the staff concerns.
b) The request must be made in writing and set out specific details of the workload of
the Employee or group of Employees and the reasons why the workload is considered
unreasonable.
c) On receipt of a request by an Employee or group of Employees under this clause,
LMW must notify a People Manager and give the Employee a written response within
twenty-one (21) days, stating whether LMW agrees to or refuses the request.
d) If LMW refuses the request for a review, the written response must include details of
the reasons for the refusal.
e) If LMW agrees to the request, a review of the workload of the Employee or group of
Employee’s will be conducted.
f) Following the completion of the review, the Employee or group of Employees and
LMW shall agree on any necessary adjustments that are required to be implemented
to ensure the workload for the Employee or group of Employees is reasonable.
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27 BENEFITS
27.1 Recognition of Service
a) Recognition of years of service awards will be presented to Employees who have
attained the number of continuous years of service detailed below:
• 10 years’ service – A service certificate and $100 personalised gift
• 20 years’ service – A service certificate and $200 personalised gift
• 30 years’ service - A service certificate and $300 personalised gift
• 40 years’ service - A service certificate and $400 personalised gift
• 50 years’ service - A service certificate and $500 personalised gift
b) Continuous service is defined as ongoing employment whereby the Employee was
never dismissed or terminated for any reason for any period of time.
c) A term of absence by an Employee on parental leave will be included as part of the
term of service.
27.2 Personal Expenses
Where LMW requires an Employee in the course of their duties to be absent overnight or to
travel outside of their respective region to attend meetings, seminars, conferences and
training sessions the Employee shall be eligible for an approved meal and/or incidental
allowance/s. Accommodation where required and meal/incidental expenses shall be paid in
accordance with LMW’s Authorised Employee Travel (Within Australia) Policy.
Australian Taxation Office Rates shall be reviewed annually.
27.3 Travel
a) Employees who are required to travel in the performance of their job or to work at a
location other than their area starting point shall be provided with transport or shall
be reimbursed as in accordance with LMW’s Authorised Employee Travel (Within
Australia) Policy or granted Time in Lieu by agreement.
b) For travel to and from alternative work regions beyond ordinary hours, Employees
will be paid a travel time allowance computed at the ordinary time earnings rate for
prescribed journey times. Excess time occupied in such travel shall not be counted
for payment. This sub-clause does not apply to travelling related to air travel,
training, after hours on-call/standby or to Employees recalled to work overtime.
c) To facilitate flexibility of the workforce, Employees agree to start work at the
following LMW work sites, within their area at the rostered start time:
1. Sunraysia Employees (all Mildura, Red Cliffs, Merbein, Koorlong and Irymple
district locations);
2. Robinvale Employees (all Robinvale locations);
3. Swan Hill Employees (all Swan Hill, Nyah/Nyah West, Piangil, Woorinen and
Lake Boga locations);
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4. Kerang Employees (all Kerang, Koondrook and Murrabit locations).
d) Provided that, LMW may agree that an Employee use a private (comprehensively
insured, registered and roadworthy) vehicle and be reimbursed at the Australian
Taxation Office Private Vehicle reimbursement rates (rates for vehicle age up to five
(5) years) as published annually in June, for kilometres travelled in excess of those
travelled to their normal starting point.
27.4 Child Care Arrangements
a) LMW recognises the needs of Employees with family responsibilities and the right to
address those responsibilities without conflict between work and home.
b) The parties are committed to conditions of work that assist Employees with family
responsibilities to effectively discharge both responsibilities.
c) Where Employees are required by LMW to work outside their ordinary hours of work
and where less than twenty-four (24) hours’ notice of the requirement to perform
such work has been given by LMW, the Employee will be reimbursed for reasonable
non-Government rebated childcare expenses incurred. Evidence of expenditure
incurred by the Employee must be provided to LMW as soon as possible thereafter.
27.5 Employee Assistance Program
LMW will provide access to confidential professional assistance for all Employees in
accordance with LMW’s Employee Assistance Program Policy.
27.6 Employee support and debriefing – “Critical Incident”
a) LMW will provide support and debriefing to Employees who have experienced a
“critical incident” during the course of the work that results in personal distress.
LMW is committed to assisting the recovery of Employees experiencing normal
distress following a critical incident with the aim of returning Employees to their pre
incident level of functioning as soon as possible.
b) A critical incident is defined as an event outside the range of usual human experience
which has the potential to easily overcome a person's normal ability to cope with
stress. It may produce a negative psychological response in an Employee who was
involved in or witnessed such an incident.
c) Critical incidents in the workplace environment include, but are not limited to:
1. aggravated assaults;
2. robbery;
3. suicide or attempted suicide;
4. murder;
5. sudden or unexpected death;
6. hostage or siege situations;
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7. discharge of firearms;
8. vehicle accidents involving injury and/or substantial property damage;
9. acts of self-harm by persons in the care of others;
10. industrial accidents involving serious injury or fatality;
11. an incident or occurrence resulting from the provision of family violence
support to customers or staff; and
12. any other serious accidents or incidents.
27.7 Superannuation
a) Superannuation will be paid in accordance with the relevant legislative requirements
to the Employee’s choice of complying superannuation fund (regardless of the age of
the Employee).
b) Should the Employee not nominate a choice, LMW will make superannuation
contributions into the default fund – Vision Super. Employees are to direct
superannuation enquiries to their selected superannuation fund.
27.8 Employer contributions in respect of Primary Caregiver Parental Leave
An Employee is entitled to have superannuation contributions made in respect of the period
of the Employee’s Primary Caregiver Parental Leave which occurs on or after the start of this
agreement.
a) The Employer will pay the superannuation contributions as a lump sum to the
Employee’s fund as provided for in sub-clause 27.7 a).
The lump sum payment will be made on or before the first superannuation guarantee
quarterly payment due date following the Employee’s return to work at the
conclusion of their Primary Caregiver Parental Leave.
The quantum of superannuation contributions payable under this clause will be
calculated based on:
1. The number of weeks of Primary Caregiver parental leave taken by the
Employee, capped at fifty-two (52) weeks; and
2. The Employee’s weekly pay calculated in accordance with clause 32.25 of the
Agreement; and
3. The applicable contribution rate under the Superannuation Guarantee
Administration Act 1992 (Cth) at the time the payment is made.
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28 HOURS OF WORK
28.1 Ordinary Hours
a) The ordinary hours of work shall be one hundred and fifty two (152) each twenty-
eight (28) calendar days and shall be worked flexibly between the hours of six (6) am
and six (6) pm, Monday to Friday. Provided that the ordinary hours shall be not more
than twelve (12) each day to be worked continuously, subject to meal break
requirements.
b) An Employee shall not be required to work any more than eighty (80) hours in any
fortnight, unless mutually agreed.
c) Ordinarily the ordinary days of work shall be worked flexibly and average nineteen
(19) work days on and nine (9) days off each twenty eight (28) calendar days.
Provided that the period of the work cycle may be extended by agreement and there
shall be reconciliation at the end of the work cycle.
d) Employees shall record their hours of work to the nearest fifteen (15) minutes.
e) LMW will endeavour to provide reasonable notice of a variation of a time of
commencement and/or meal break.
f) Should LMW propose any alteration of ordinary hours or regular rosters of work, the
Corporation shall consult as per clause 10.
28.2 Rostered Days Off
a) Full-time Employees are required to work 40 (forty) hours per week on average, of
which thirty-eight (38) hours will comprise normal weekly hours with 2 (two) hours
allocated as accrual towards Rostered Days Off (RDO’s).
Departure from this practice will only be approved by the Managing Director where
there is no adverse impact on the needs of the work section involved.
b) Employees will be required to take Rostered Days Off when scheduled to do so,
where work section planning has priority. On approval by the People Manager,
Employees may exchange the date of a RDO with another Employee.
c) Where not affecting the work section, and provided customer service is not affected,
other Employees may take RDO’s at non-rostered times during the relative four (4)
week period, subject to approval by their People Manager.
d) Accruals of RDO’s are limited to five (5) days unless special circumstances exist which
is pre-arranged and approved by the relevant General Manager. Any such pre-
arrangement will not exceed ten (10) days, and will specify the maximum number of
days approved, and the anticipated dates when the excess days will be utilised.
e) Once five (5) RDO’s have accumulated Employees will have four weeks to take those
days. At the end of the four-week period any remaining days will be paid out at
ordinary rate of pay.
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f) In the case of pre-arranged days in sub-clause 28.2 d), that have not been utilised by
the anticipated dates without legitimate reason and adequate written notice having
been given by the General Manager, the excess days will be paid out at ordinary rate
of pay.
g) By agreement Employees may relinquish their entitlement to RDO’s in exchange for
an RDO Conversion Allowance equivalent to two (2) hours pay weekly at the
prevailing ordinary time earnings rate. Employees who opt for this exchange will
then in effect be working twenty (20) days over twenty-eight (28) calendar days
during each four (4) week period. Once chosen by an Employee, the arrangement will
apply for twelve (12) months or until the conclusion of this Agreement, at the
Employees choice.
h) Annual Leave entitlements for Employees who elect the option outlined in sub-clause
28.3 g) and have it approved, are four (4) weeks (one hundred and sixty (160) hours).
i) On the production of a certificate of attendance or statutory declaration showing
that an Employee was medically unfit on a Rostered Day Off that day’s absence shall
be allocated to Personal/Carer’s Leave.
28.3 Start/Finish Times
a) The daily start and finish times for each work area (or part thereof) shall be
determined and agreed between both the Employer and Employee taking into
consideration the nature of the position and the individual work life balance
requirements.
b) In work groups where the work is arranged so that Employees have different starting
and finishing times, those times may be changed by agreement between affected
Employees and their People Managers to cover short term absences of other
Employees and/or to cover individual Employee needs.
28.4 Overtime
a. All Employees covered by this Agreement must be reasonably available to work
planned and unplanned overtime in accordance with the requirements of their work
groups.
b. Where an Employee is required by their People Manager to work overtime (including
approved travel time), the Employee shall be paid at the appropriate rate.
c. LMW may, on any day, require an Employee to work reasonable overtime to ensure
the work requirements of LMW and customers 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;
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• The notice (if any) given by LMW of the overtime and by the Employee of their
intention to refuse it; and
• Any other relevant matter.
d) Employees required to perform overtime hours on a Monday to Saturday (excluding a
Public Holiday) shall be paid for the first three (3) hours of work on any day
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.
e) 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.
f) Employees required to perform overtime hours on a Public Holiday shall be paid for
each hour of work performed at the rate of double 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.
For overtime work on: Overtime rate
(% of ordinary hourly rate)
Monday to Saturday – first three hours 150%
Monday to Saturday – after three hours 200%
Sunday 200%
Public holiday or substituted day 250%
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28.5 Time Off In Lieu
Effective from the date of commencement of this agreement:
a) Time off must be taken:
1. within the period of six (6) months after the overtime is worked; and
2. at a time or times within that period of six (6) months agreed by the employee
and employer;
3. as a priority over annual leave, RDO and long service leave balances.
b) If time off for overtime that has been worked is not taken within the period of six (6)
months, the employer must pay the Employee for the overtime, in the next pay
period following those six (6) months, at the overtime rate applicable to the
overtime when worked.
c) All time in lieu must be preapproved by the Employees People Manager prior to
completing the extra hours.
d) Time in lieu accrued before the start of this Agreement will be used first.
e) An Employee and employer may agree in writing to the Employee taking time off
instead of being paid for a particular amount of overtime that has been worked by
the Employee.
f) The period of time off that an Employee is entitled to take is the same as the number
of overtime hours worked.
EXAMPLE: By making an agreement under clause 28.5 an Employee who worked two (2)
overtime hours is entitled to two (2) hours’ time off.
g) If the Employee requests at any time to be paid for overtime covered by an
agreement under clause 28.4 but not taken as time off, the employer must pay the
Employee for the overtime, in the next pay period following the request, at the
overtime rate applicable to the overtime when worked.
h) If, on the termination of the Employee’s employment, time off for overtime worked
by the Employee to which clause 28.5 applies has not been taken, the employer must
pay the Employee for the overtime at the overtime rate applicable to the overtime
when worked.
28.6 Standby for call out and remote resolve
a) The twenty-four (24) hour nature of LMW’s business means that service interruptions
and system failures can occur outside of normal hours.
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b) Subject to compelling personal circumstances, all Service Delivery and Operations
Employees, must be available to participate in standby rosters when requested.
Availability means that the Employee will be available continuously outside normal
working hours where they can be contacted and able to take up duty within fifteen
(15) minutes.
An Employee may refuse to work standby in circumstances where the working of
such standby 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 LMW of the overtime and by the Employee of their
intention to refuse it; and any other relevant matter.
c) An Employee rostered to work standby, may swap their rostered day and/or week
with another suitably qualified Employee. This swap must be communicated to both
Employees People Manager/s. Such a swap may only occur if it is appropriate having
regard to fatigue management and it does not result in a breach of the breaks
provisions of this Agreement or any additional overtime cost to LMW.
d) Employees who are rostered to be on standby shall be paid a standby Allowance for
being on the seven-day roster. The allowance is as follows:
Standby
Allowance
$ (daily rate)
Weekday
$ (daily rate)
Weekend
$ (daily rate)
Public Holiday
Mon - Fri
5 October 2021 $63 $93 $107
1 July 2022 $65 $95 $110
1 July 2023 $67 $97 $113
1 July 2024 $69 $99 $116
Where Employees are on Standby on a Public Holiday occurring between Monday
and Friday, they will be paid at the daily standby rate + the Public holiday rate.
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Remote Resolve:
f) If an Employee who is rostered on standby receives a call/alarm which requires a
response, the Employee shall determine if the situation can be resolved remotely.
Where the Employee logs on and remotely resolves the issue, the Employee shall be
paid the applicable rate (see below sub-clause 28.6 h) for a minimum payment of one
hour or the time taken to resolve the issue. The one (1) hour minimum payment
requirement shall not apply to subsequent calls requiring remote resolves which are
received within the one hour since an earlier call or before the Employee ceases
working - this will be treated as continuous work. Calls requiring remote resolves
which are received during a three (3) hour minimum payment period for on-site work
(as per below sub-clause 28.7 h) will similarly be treated as continuous work and not
attract a minimum payment.
g) If the Employee decides that the issue or issues cannot be resolved remotely the
Employee will attend site. The calculation of the minimum three (3) hour payment
for on site work (as per below) will be taken from the time of the original call/alarm
notification.
h) On site work: Where an Employee on standby is called out to perform on site work,
they will be paid for a minimum of three (3) hours work for each call out, including
travel time, at the appropriate rate provided:
• the call out occurs more than three (3) hours since a previous call out; and
• the Employee has returned to their place of residence since receiving a previous
call out.
i) Where an Employee on standby is required to respond to a call, the rates for both
remote and on-site work shall be:
1. Monday to Saturday at time and a half for the first three (3) hours on any day
and double time thereafter and for subsequent calls involving work outside of
the initial three (3) hour period;
2. Sunday at double time;
3. Public holidays between the normal start and finish times for the section
involved at the rate of time and a half. For calls outside of these hours on
public holidays, payment at double and one half of the ordinary hourly rate.
j) Work performed by Employees on standby in response to calls that crosses over
Saturday and Sunday is to be paid at prescribed rates for actual hours worked.
However, payments made not for time worked but in accordance with the one hour
or three (3) hour minimum payment requirements will be paid at the Saturday rate.
Example - Call out at 11pm on a Saturday where the actual length of call out is two
hours (23:00 to 01:00) and the minimum three (3) hour payment rule applies: the
Employee will be paid for the hour work on the Sunday at double time and two (2)
hours at time and a half.
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28.7 Rest Periods on Overtime/Call outs and Remote Resolves (Not Applicable to
Shift Workers)
a) All provisions in clause 28.4 overtime, and clause 28.6 standby are subject to the
Employee being able to work safely upon returning to work and wherever reasonably
practical, planned work shall be arranged so that an Employee has at least the
minimum required rest break. There will be no prejudice or pressure on Employees
to continue working where the Employee believes they are at risk due to fatigue.
b) An Employee is entitled to a rest period of eight (8) consecutive hours prior to
performing their ordinary hours of work after they have worked overtime for more
than one (1) hour but less than two (2) hours either consecutively or as an aggregate
where such overtime is between the work of successive days.
c) An Employee is entitled to a rest period of ten (10) consecutive hours prior to
performing their ordinary hours of work after they have worked overtime for two (2)
hours or more, either consecutively or as an aggregate where such overtime is
between the work of successive days. Such ten (10) consecutive hours off duty will
be without loss of pay for the ordinary working time occurring during such an
absence.
d) Employees who are recalled to duty to remotely resolve on more than two occasions
between the hours of 11pm and 6am on Sunday to Friday shall be released from duty
after the completion of such overtime until an eight-hour break has been taken
without loss of pay for the ordinary working time occurring during such absence.
e) Employees working less than one (1) hour consecutively will be entitled to a delayed
start of one (1) hour unless recalled to duty as per sub-clause 28.7 d).
f) The ten (10) or eight (8) hour rest period will commence from the completion of such
overtime and is inclusive of any unpaid meal break that would have been applicable
if an Employee undertook their normal shift.
g) If on the instructions of the Employees People Manager an Employee resumes or
continues work without having had ten (10) or eight (8) consecutive hours off duty as
the case may be, they will be paid at double time their ordinary rate of pay until
released from duty for such a period, and will then be entitled to be absent until
they have had ten (10) or eight (8) consecutive hours off duty as the case may be,
without loss of pay for ordinary working time occurring during such absence.
h) It is the responsibility of the Employees People Manager to instruct an Employee to
take their entitled rest period if that Employee returns to work not having had the
required rest period, and the People Manager is aware of the Employees return.
i) Where an Employee on standby poses a health and safety risk as determined by the
Employee or the People Manager and has had the minimum break set out in this
clause, they may further adjust their required start time without loss of pay. The
Employee must notify their manager.
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j) Where an Employee has worked on so many call outs that their People Manager
determines they should not complete further rostered standby time on fatigue
management grounds, they will continue to receive the standby allowance as
rostered and the replacement Employee will also be paid the standby allowance and
call out rates in accordance with this Agreement.
k) An Employee will take the required rest breaks in accordance with their People
Manager’s instructions.
l) It is the responsibility of an Employee who intends to commence work at a time later
than their ordinary start time, due to that Employee taking a rest period in
accordance with this sub-clause, to notify their People Manager as soon as possible of
such absence and revised starting time.
m) Rest periods do not apply where the Employee has been called out any time during
the period three (3) hours before their normal commencement time.
n) An Employee who gets “called out” up to three (3) hours prior to their normal start
time will have the option if their People Manager agrees to treat the call out time as
the commencement of ordinary hours and finish at the completion of eight (8) hours
work.
28.8 Meal Break/Allowance (Not Applicable to Shift Workers)
a) A meal break shall be of an agreed duration of not less than thirty (30) minutes or
greater than sixty (60) minutes.
b) Employees may be required to work in excess of five (5) hours but not more than six
(6) hours at ordinary rates of pay without a meal break.
c) A meal break of agreed duration shall be taken and a Meal Allowance shall be paid if
more than two (2) hours before or after the normal start/finish hours are worked, or
following each four (4) consecutive hours whilst on call out and for extended
overtime, unless the Employee could have reasonably be expected to return home for
the meal.
d) Where the criteria of c) above has been met, an overtime meal allowance in line with
clause 28.8 shall be paid for each break.
e) Employees (other than Casual and Shift workers) shall be entitled to paid tea breaks
of ten (10) minutes each morning and each afternoon. However, work sections may
elect to take one twenty (20) minute break daily. Part-time workers will be entitled
to a ten-minute paid break each morning if starting at 10 am or prior, and each
afternoon if working to 3 pm or later.
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29 SHIFT WORK
29.1 Introduction
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.
29.2 Ordinary Hours
The ordinary hours of work for a shift worker shall be thirty-eight (38) hours per week
averaged over one (1) complete cycle of a roster.
29.3 Daylight Saving Changes
Employees who work through the commencement or cessation of daylight saving shall work
without consideration for the lost or gained time.
29.4 Designation of Shift Work
LMW may designate seasonal, annual or other periods of shift work as circumstances require.
Employees to be involved in shift work will be advised at least two (2) weeks prior to
commencement or finalisation of shift works, unless LMW is required to address an
emergency situation.
29.5 Roster Establishment and Variation
a) The roster of ordinary hours, including the commencing time, the meal break time
and the number of hours to be worked on each shift, the roster of days and the
number of days to be worked each four (4) weeks, shall be established or may be
varied by the relative People Manager in agreement with the majority of Employees
in the section concerned.
b) Any variation to proposed rosters needs to be submitted to the relative People
Manager by a majority of the Employees working the roster by 31 July each year.
c) Changes between rosters of ordinary hours shall not be made within each four (4)
week period but may be made at the end of each four (4) week period by consent
between the relative People Manager and the majority of Employees in the section
concerned or as the result of the roster redesign process.
d) Individual roster changes must be mutually agreed between the Employees involved
and authorised by the People Manager.
e) Employees aggrieved by roster arrangements may appeal through the
Dispute/Grievance Resolution procedure, as outlined in this Agreement.
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29.6 Breaks, Meals and Change Overs
a) The ordinary work cycle of Employees shall provide at least ten (10) hours break
between the completion of ordinary hours on one day and the commencement of
ordinary hours of duty on the next day.
b) Where this does not occur overtime rates shall be paid. A separate 100% loading of
ordinary rate of pay shall be paid for those hours worked until taking a ten (10) hours
break.
c) Employees will report prior to commencement of a shift in sufficient time to be
appraised of the situation by the Employee about to complete their shift. The overlap
time for the midnight shift will be paid at normal overtime rates.
d) Meal Allowances shall not be paid.
29.7 Standby
a) LMW may require shift workers to perform standby duties, the hours of which shall be
pre-arranged.
b) Shift workers who have completed their shift and are required to be on standby, shall
be paid an Allowance of $10 per four (4) hours. This sum will not be indexed during
the Agreement.
29.8 Rostered Days Off
a) Employees are unable to relinquish their entitlement to RDO’s in exchange for a RDO
Conversion Allowance in accordance with sub-clause 28.2 g), due to the nature of the
shift roster.
b) An Employee whose rostered day off falls on a public holiday, shall be granted one (1)
day's leave in lieu of such holiday.
29.9 Annual Leave
a) An Employee who regularly works their ordinary hours of duty over seven (7) days a
week including Sundays and public holidays shall:
1. Where the Employee performs ordinary duty on at least ten (10) Sundays during
the accrual period, be entitled to additional Annual Leave of one (1) week; or
2. Where the Employee performs ordinary duty on less than ten (10) Sundays during
the period of leave accrual, be entitled to additional Annual Leave at the rate of
one tenth (1/10) of a week in respect of each Sunday so worked.
b) Provided that rostered Sunday overtime shall be deemed to be counted for the
purposes of this sub-clause where such work is of more than three (3) hours duration.
c) Leave loading does not apply to these hours.
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29.10 Annualisation of Payments
Annualised wage arrangements
a) The employer may pay a full-time Employee an annualised wage in satisfaction,
subject to sub-clause 29.10 c), of any or all of the following provisions of the
Agreement:
1. clause 21—Salary rates;
2. clause 28.8—Allowances;
3. clause 28.4—Overtime;
4. clause 28.6—Standby ;and
5. clause 31.7—Annual leave loading
(b) Where an annualised wage is paid the employer must advise the Employee in writing,
and keep a record of:
1. the annualised wage that is payable;
2. which of the provisions of this Agreement will be satisfied by payment of the
annualised wage;
3. the method by which the annualised wage has been calculated, including
specification of each separate component of the annualised wage and any
overtime or penalty assumptions used in the calculation; and
4. the outer limit number of ordinary hours which would attract the payment of a
penalty rate under the agreement and the outer limit number of overtime hours
which the Employee may be required to work in a pay period or roster cycle
without being entitled to an amount in excess of the annualised wage in
accordance with sub-clause 29.10 c).
(c) If in a pay period or roster cycle an employee works any hours in excess of either of
the outer limit amounts specified pursuant to sub-clause 29.10 b) 4., such hours will
not be covered by the annualised wage and must separately be paid for in accordance
with the applicable provisions of this Agreement.
Annualised wage not to disadvantage Employees
a) The annualised wage must be no less than the amount the Employee would have
received under this Agreement for the work performed over the year for which the
wage is paid (or if the employment ceases earlier over such lesser period as has been
worked).
b) The employer must each twelve (12) months from the commencement of the
annualised wage arrangement or upon the termination of employment of the
Employee calculate the amount of remuneration that would have been payable to the
Employee under the provisions of this Agreement over the relevant period and
compare it to the amount of the annualised wage actually paid to the Employee.
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Where the latter amount is less than the former amount, the employer shall pay the
Employee the amount of the shortfall within (fourteen) 14 days.
c) The employer must keep a record of the starting and finishing times of work, and any
unpaid breaks taken, of each Employee subject to an annualised wage arrangement
for the purpose of undertaking the comparison required by sub-clause 29.10 b). This
record must be signed by the Employee, or acknowledged as correct in writing
(including by electronic means) by the Employee, each pay period or roster cycle.
Base rate of pay for Employees on annualised wage arrangements
a) For the purposes of the NES, the base rate of pay of an Employee receiving an
annualised wage under this clause comprises the portion of the annualised wage
equivalent to the relevant rate of pay in clause 21—Minimum rates and excludes any
incentive-based payments, bonuses, loadings, monetary allowances, overtime and
penalties.
29.11 Special Irrigations
Special irrigations shall be paid in accordance with Shift Penalties as set out in clause 29.12
below.
29.12 Shift Penalties
a) Where the ordinary work cycle of an Employee requires the Employee to perform
ordinary hours of work on an afternoon or night (that is, between seven (7) pm and
six (6) am the next day) on a Monday to Friday, or on a Saturday or Sunday or Public
Holiday, the Employee shall be paid one of the appropriate allowances specified
below:
1. Employees required to perform afternoon or night work for up to five (5)
consecutive afternoons or nights shall be paid an allowance at the rate of an
additional thirty (30) per cent of the hourly ordinary rate of pay for each hour
of work performed;
2. Employees required to perform afternoon or night work for more than five (5)
consecutive afternoons or nights shall be paid an allowance at the rate of an
additional fifteen (15) per cent of the hourly ordinary rate of pay for each hour
of work performed;
3. Employees required to perform ordinary hours on a Saturday (excluding a public
holiday) shall be paid an allowance at the rate of an additional fifty (50) per
cent of the hourly ordinary rate of pay for each hour of work performed;
4. Employees required to perform ordinary hours on a Sunday (excluding a public
holiday) shall be paid an allowance at the rate of an additional one hundred
(100) per cent of the hourly ordinary rate of pay for each hour of work
performed;
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5. Employees required to perform ordinary hours on a public holiday shall be paid
an allowance at the rate of an additional one hundred and fifty (150) per cent
of the hourly ordinary rate of pay for each hour of work performed. The
Employee may instead of being paid at the rate of an additional one hundred
and fifty (150) per cent, elect with the approval of LMW, be paid at an
additional fifty (50) per cent for each hour of work performed on public
holidays and be granted an additional day of leave in lieu of each such holiday.
b) For the purposes of this clause, where the ordinary hours of an Employee finish on
the day after commencement, the allowances to be paid shall be calculated as if all
work was performed on the day it was commenced.
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30 PUBLIC HOLIDAYS
a) An Employee, other than a casual Employee shall be entitled to the following Public
Holidays without loss of pay:
New Year's Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday,
Christmas Day, Boxing Day, Australia Day, Anzac Day, Queen’s Birthday, Labour Day,
Friday before the AFL Finals and Melbourne Cup Day or a day in lieu of such if so
prescribed in Victoria Government Gazette.
Transposition:
1. When Christmas Day is a Saturday, an additional holiday will be observed on the
next Monday. When Christmas Day is a Sunday, an additional holiday will be
observed on the next Tuesday.
2. When Boxing Day is a Saturday or a Sunday, an additional holiday shall be
observed on 28th December.
3. When New Year’s Day is a Saturday or a Sunday, an additional holiday shall be
observed on the next Monday.
4. When Australia Day in a Saturday or Sunday, a holiday in lieu shall be observed
on the next Monday.
5. Where in Victoria a substituted day is declared for Anzac Day, a holiday in lieu
thereof shall be observed on that day.
b) Where in Victoria, public holidays are declared or prescribed in the Government
Gazette on days other than those set out in sub-clause 30 a) above, those days shall
constitute additional/substitute holidays for this Agreement.
c) Another day may be substituted for any day prescribed in this clause by prior
agreement between LMW and any Employee.
d) If the period during which an Employee takes a period of paid Personal/Carer’s
Leave, the Employee is taken not to be paid on paid Personal/Carer’s Leave on that
public holiday and is entitled to payment for such public holiday at ordinary rate of
pay, provided that satisfactory evidence about the reasons for the absence is
furnished to LMW by or on behalf of such Employee, if so required by the LMW.
This sub-clause will not apply during a period of unpaid Personal Leave.
e) Public Holidays occurring during paid leave periods other than Personal/Carer’s Leave
shall create additional Leave days.
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31 ANNUAL LEAVE
31.1 Leave Entitlement
a) Full-time Employees will normally be eligible for four (4) weeks Annual Leave for
each year of service, which shall accrue progressively during a year of service
according to the Employee’s ordinary hours of work and accumulates from year to
year. In the case of full-time Employees who elect the option outlined in sub-clause
28.2 g) of this Agreement their entitlement shall be four (4) weeks. Part-time
Employees will receive leave on a pro rata basis.
b) In utilising this entitlement Employees will be required to have a minimum of two (2)
one (1) week or one (1) two (2) week absence from the workplace in each twelve (12)
month period. This absence may include Public Holidays and RDOs. Remaining
entitlements may be taken in half or more day blocks.
c) An Employees leave entitlement shall be in addition to any of the Public Holidays
prescribed in this Agreement.
d) LMW will consider operational requirements and the needs of the Employee when
assessing applications for annual leave. Approval by the People Manager will not be
unreasonably withheld.
31.2 Broken Service
In determining the entitlement of an Employee to Annual Leave, periods of service shall not
be regarded where the Employee was absent without pay in excess of two (2) weeks, (four
(4) weeks in the case of leave without pay associated with parental leave). There shall be
included however, all periods of paid leave and any Public Holidays taken.
31.3 Leave to be Taken
a) Annual Leave will be given and taken in such period or periods and at such a time or
at such times as are mutually convenient to LMW and the Employee and shall not
accrue more than eight (8) weeks leave. Employees wishing to accrue more than
eight (8) weeks leave will need to prepare in writing, a leave plan including expected
dates for leave to be taken and submit to their People Manager for approval.
c) Other than on Termination or in the case of exceptional circumstances, payment will
not be made in lieu of Annual Leave. In the latter case the Employee’s remaining
accrued Annual Leave entitlement cannot be less than four (4) weeks. Each cashing
out of a particular amount of paid Annual Leave must be by a separate agreement in
writing between LMW and the Employee.
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31.4 Annual Close Down
Notwithstanding anything contained in this Agreement where the Employer decides to close
down part or all of the organisation at the Christmas/New Year period, the Employer will
give at least two (2) months’ notice to the Employees of the intention to do so.
The Employee may access their Annual Leave, RDO or time in lieu balance (if applicable) to
cover this period of shut down.
If an Employee does not have sufficient Annual Leave to cover the required number of leave
days, they may accrue up to three (3) days negative Annual Leave or take leave without pay.
An Employee must return to a positive balance before further Annual Leave can be taken.
Any Employee that is expected to take leave during the shutdown period but wishes to work,
will need to seek approval from their General Manager. Approval is subject to there being
work available and the needs of the business unit.
31.5 Direction to Take Excess Annual Leave
a) An Employee must take Annual Leave if directed to do so by LMW where the
Employee has an accrued Annual Leave entitlement of eight (8) weeks or more and
LMW has provided the Employee with four (4) weeks’ notice. Leave is to be taken at
time(s) mutually agreeable between LMW and the Employee.
b) LMW can direct the Employee to prepare and submit a leave plan on how they intend
to reduce this entitlement over a specified period. This leave plan shall be approved
by the relevant General Manager.
c) Should the Employee not complete the leave plan or not undertake the leave as
authorised in the leave plan then LMW will direct the Employee to take leave on
dates as specified by the relevant General Manager until the Annual Leave balance is
eight (8) weeks or less.
31.6 Excessive leave accruals: request by Employee for leave
a) If the Employee has genuinely tried to reach agreement with LMW under sub-clause
31.5 a) but agreement is not reached (including because LMW refuses to confer), the
Employee may give a written notice to LMW requesting to take one or more periods
of paid Annual Leave.
b) However, an Employee may only give a notice to LMW under paragraph (a) if:
1. the Employee has had an excessive leave accrual for more than six (6) months
at the time of giving the notice; and
2. the Employee has not been given a direction that, when any other paid Annual
Leave arrangements are taken into account, would eliminate the Employee’s
excessive leave accrual.
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c) A notice given by an Employee under paragraph (a) must not:
1. if granted, result in the Employee’s remaining accrued entitlement to paid
Annual Leave being at any time less than six (6) weeks when any other paid
Annual Leave arrangements are taken into account; or
2. provide for the Employee to take any period of paid Annual Leave of less than
one (1) week; or
3. provide for the Employee to take a period of paid Annual Leave beginning less
than eight (8) weeks, or more than twelve (12) months, after the notice is
given; or
4. be inconsistent with any leave arrangement agreed by LMW and the Employee.
d) An Employee is not entitled to request by a notice under paragraph a) more than four
(4) weeks paid Annual Leave (or five (5) weeks paid Annual Leave for a shift worker,
as defined by clause 29 Shift Work) in any period of twelve (12) months.
e) LMW must grant paid annual leave requested by a notice under paragraph a).
31.7 Leave Loading
a) In addition to the ordinary rate of pay, an Employee is entitled to be paid an Annual
Leave loading of 17.5% calculated on the Employee’s base rate of pay in addition to
payment for Annual Leave.
b) The payment of this loading shall be made annually as a lump sum payment in the
first full pay period in December each year.
c) The maximum loading payable shall not exceed the amount in respect of the ordinary
rate for Band 6 Level C.
d) This loading shall apply to proportional leave on termination.
31.8 Proportionate Leave on Termination
Any Employee who leaves the employment of LMW after having given the prescribed period
of notice or whose services are terminated, shall be paid (or their legal representative in the
case of the death of the Employee) the unpaid value of leave accrued to the date of
termination.
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32 PARENTAL LEAVE
32.1 Application
a) Eligible Employees are entitled to parental leave under this clause if the leave is
associated with:
1. the birth of a Child of the Employee, the Employee’s Spouse or the Employee’s
legal surrogate or the placement of a Child with the Employee for adoption; and
2. the Employee has or will have a responsibility for the care of the Child.
b) An Employee currently on parental leave is not required to return to work in order to
access a further period of parental leave under this clause.
32.2 Definitions
For the purposes of this clause:
a) Eligible Employee means:
1. a full-time or part-time Employee, whether employed on an ongoing or fixed term
basis, or
2. a Long Term Casual Employee 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:
1. in relation to birth-related leave, a child (or children from a multiple birth) of
the Employee or the Employee’s Spouse or the Employee’s legal surrogate; or
2. in relation to adoption-related leave and permanent care leave, a child (or
children) who will be placed with an Employee, and:
• who is, or will be, under 16 as at the day of placement, or the expected
day of placement;
• has not, or will not have, lived continuously with the Employee for a period
of six (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.
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d) Primary Caregiver means the person who takes primary responsibility for the care of
a newborn or newly adopted Child. The Primary Caregiver is the person who meets
the Child's physical needs more than anyone else. Only one person can be a Child's
Primary Caregiver on a particular day.
e) Secondary Caregiver means a person who has parental responsibility for the Child
but is not the Primary Caregiver.
f) Spouse includes a de facto spouse, former spouse or former de facto spouse. The
Employee’s de facto spouse means a person who lives with the Employee as husband,
wife or same sex partner on a bona fide domestic basis, whether or not legally
married to the Employee.
g) Grandparent includes paternal, step or kinship relations of either the mother of
father of the child.
32.3 Summary of Parental Leave Entitlements
The entitlements summarised in the table below apply to a period of Parental Leave
commencing on or the start of this Agreement:
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Paid leave Unpaid leave Total
Primary Caregiver
More than 3 months
Continuous Service
16 weeks Up to 36
weeks
52 weeks
Less than 3 months Continuous Service 0 Up to 52
weeks
52 weeks
Long Term Casual Employee 0 Up to 52
weeks
52 weeks
Secondary Caregiver
More than 3 months
Continuous Service
4 weeks Up to 48
weeks
52 weeks
More than 3 months Continuous Service
and takes over the primary
responsibility for the care of the Child
within first 78 weeks
An
additional
12 weeks
Up to 36
weeks
52 weeks
Less than 3 months Continuous Service 0 Up to 52
weeks
52 weeks
Long Term Casual Employee 0 Up to 52
weeks
52 weeks
Pre-natal leave
Pregnant Employee 1 week
Spouse 1 day
Pre-adoption leave
More than 3 months
Continuous Service
2 days
Permanent Care Leave
More than 3 months
Continuous Service
16 weeks Up to 36
weeks
52 weeks
Less than 3 months Continuous Service 0 Up to 52
weeks
52 weeks
Grandparent Leave
Grandparent Leave 0 Up to 52
weeks
52 weeks
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32.4 Parental Leave – Primary Caregiver
a) An Eligible Employee, who has, or will have, completed at least three (3) 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 fifty-two (52) weeks parental
leave, comprising:
1. Sixteen (16) weeks paid parental leave; and
2. up to thirty-six (36) weeks unpaid parental leave.
b) An Eligible Employee who will be the Primary Caregiver, who has not completed at
least three (3) months paid Continuous Service at the time of the birth or adoption of
their Child, or a Long Term Casual Employee, is entitled to up to fifty-two 52 weeks
unpaid parental leave.
c) Only one parent can receive Primary Caregiver parental leave entitlements in respect
to the birth or adoption of their Child. An Employee cannot receive Primary Caregiver
parental leave entitlements:
1. if their Spouse is, or will be, the Primary Caregiver at the time of the birth or
adoption of their Child, or
2. if their Spouse has received, or will receive, paid parental leave, primary
caregiver entitlements, or a similar entitlement, from their employer; or
3. if the Employee has received, or will receive, Secondary Caregiver parental leave
entitlements in relation to their Child.
32.5 Parental Leave – Secondary Caregiver
a) An Eligible Employee who has, or will have, completed at least three (3) months paid
Continuous Service and who will be the Secondary Caregiver at the time of the birth
or adoption of their Child, is entitled to up to fifty-two (52) weeks parental leave,
comprising:
1. four (4) weeks paid parental leave; and
2. twelve (12) weeks Additional paid Secondary Caregiver parental leave, subject
to the conditions in clause 32.5, and
3. unpaid parental leave to bring the total available paid and unpaid leave to fifty-
two (52) weeks.
b) An Eligible Employee who will be the Secondary Caregiver, and has not completed at
least three (3) months paid Continuous Service at the time of the birth or adoption of
their Child, or a Long Term Casual Employee is entitled to up to fifty-two (52) weeks
unpaid parental leave.
c) Only one parent can receive Secondary Caregiver parental leave entitlements in
respect to the birth or adoption of their Child.
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d) An Employee cannot receive Secondary Caregiver parental leave entitlements where
the Employee has received Primary Caregiver parental leave entitlements in relation
to their Child.
32.6 Additional paid leave for Secondary Caregiver
a) A Secondary Caregiver is entitled to up to an additional (12) weeks’ paid leave
within the first seventy-eight (78) weeks of the date of birth or adoption of the Child
provided that:
1. the Secondary Caregiver assumes primary responsibility for the care of a child,
by meeting the Child's physical needs more than anyone else; and
2. the Secondary Caregiver’s spouse is not concurrently taking primary responsibility
for the care of the Child or receiving paid parental leave, primary caregiver
entitlements or a similar entitlement from their employer.
b) To access additional paid leave, the Employee must have been eligible for paid
Secondary Caregiver leave at the time of birth or adoption of their Child, irrespective
of when the Employee elects to take the paid leave under this clause.
32.7 Pre-Natal Leave
a) A pregnant Employee will have access to paid leave totalling up to one (1) week per
pregnancy to enable the Employee to attend routine medical appointments
associated with the pregnancy.
b) An Employee who has a Spouse who is pregnant will have access to paid leave
totalling up to one (1) day per pregnancy to enable the Employee to attend routine
medical appointments associated with the pregnancy.
c) The Employee is required to provide a medical certificate from a registered medical
practitioner confirming that the Employee or their Spouse is pregnant. Each absence
on pre-natal leave must also be covered by a medical certificate.
d) The Employer should be flexible enough to allow the Employee the ability to leave
work and return on the same day.
e) Paid pre-natal leave is not available to casual Employees.
32.8 Pre-adoption leave
a) An Employee seeking to adopt a Child is entitled to two (2) days paid leave for the
purpose of attending any compulsory interviews or examinations as are necessary as
part of the adoption procedure.
b) An Employee seeking to adopt a Child may also access further unpaid leave. The
Employee and the Employer should agree on the length of any unpaid leave. Where
agreement cannot be reached, the Employee is entitled to take up to two (2) days
unpaid leave.
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c) Where accrued paid leave is available to the Employee, the Employer may require
the Employee to take such leave instead of taking unpaid leave under this sub-
clause.
d) The Employer may require the Employee to provide satisfactory evidence supporting
the leave.
e) The Employer should be flexible enough to allow the Employee the ability to leave
work and return on the same day.
f) Paid pre-adoption leave is not available to casual Employees.
32.9 Permanent Care Leave
An Employee will be entitled to access parental leave in accordance with this clause at a
time agreed with the Employer if they:
a) are granted a permanent care order in relation to the custody or guardianship of a
Child pursuant to the Children, Youth and Families Act 2005 (Vic) (or any successor
to the legislation) or a permanent parenting order by the Family Court of Australia,
and
b) will be the Primary or Secondary Caregiver for that Child.
32.10 Grandparent Leave
An Employee, who is or will be the Primary Caregiver of a grandchild, is entitled to a period
of up to fifty-two (52) weeks’ continuous unpaid grandparent leave in respect of the birth or
adoption of the grandchild of the Employee.
32.11 Access to parental leave for an Employee whose Child is born by surrogate
An Employee whose Child is born through a surrogacy arrangement which complies with Part
4 of the Assisted Reproductive Treatment Act 2008 (Vic) (or successor instrument), is
eligible to access the parental leave entitlements outlined in clause 32.
32.12 Continuing to work while pregnant
a) The Employer may require a pregnant Employee to provide a medical certificate
stating that the Employee is fit to work their normal duties where the Employee:
1. continues to work within a six (6) week period immediately prior to the expected
date of birth of the Child; or
2. is on paid leave under sub-clause 32.14 b).
b) The Employer may require the Employee to start parental leave if the Employee:
1. does not give the Employer the requested certificate within seven (7) days of the
request; or
2. gives the Employer a medical certificate stating that the Employee is unfit to
work.
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32.13 Personal/Carer’s Leave
A pregnant Employee, not then on parental leave, who is suffering from an illness whether
related or not to the pregnancy, may take any paid and/or unpaid personal/carer’s leave in
accordance with clause 35.3.
32.14 Transfer to a Safe Job
a) Where an Employee is pregnant and, in the opinion of a registered medical
practitioner, illness or risks arising out of the pregnancy or hazards connected with
the work assigned to the Employee make it inadvisable for the Employee to continue
at their present work, the Employee will, if the Employer deems it practicable, be
transferred to a safe job with no other change to the Employee’s terms and
conditions of employment until the commencement of parental leave.
b) If the Employer does not think it to be reasonably practicable to transfer the
Employee to a safe job, the Employee may take No Safe Job Paid Leave, or the
Employer may require the Employee to take no safe job paid leave immediately for a
period which ends at the earliest of either:
1. 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
2. when the Employee’s pregnancy results in the birth of a living child or when the
Employee’s pregnancy ends otherwise than with the birth of a living child.
c) The entitlement to No Safe Job Paid Leave is in addition to any other leave entitlement
the Employee has.
32.15 Special Parental Leave
Where the pregnancy of an Employee or Employee’s spouse not then on parental leave
terminates other than by the birth of a living Child, the Employee may take leave for such
periods as necessary, as follows:
a) where the pregnancy terminates during the first twenty (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 35.3;
b) where the pregnancy terminates after the completion of twenty (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 32.3 and
thereafter, to unpaid special maternity leave.
32.16 Notice and evidence requirements
a) An Employee must give at least ten (10) weeks written notice of the intention to take
parental leave, including the proposed start and end dates. If this is not practicable,
the notice is to be given as soon as practicable, which may be after the leave has
started. At this time, the Employee must also provide a statutory declaration
stating:
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1. that the Employee will become either the Primary Caregiver or Secondary
Caregiver of the Child, as appropriate; and
2. the particulars of any parental leave taken or proposed to be taken or applied for
by the Employee’s Spouse; and
3. that for the period of parental leave the Employee will not engage in any conduct
inconsistent with their contract of employment.
b) At least four (4) 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 sub-
clause 32.16 a), unless it is not practicable to do so.
c) The Employer may require the Employee to provide evidence which would satisfy a
reasonable person:
1. for 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
2. for adoption-related leave, the commencement of the placement (or expected
day of placement) of the Child and that the Child will be under 16 years of age
as at the day of placement or expected day of placement.
d) An Employee will not be in breach of this clause if failure to give the stipulated
notice is occasioned by the confinement or the placement of a child 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.
32.17 Commencement of parental leave
a) An Employee who is pregnant may commence Primary Caregiver parental leave at any
time within sixteen (16) weeks prior to the expected date of birth of the Child. In all
other cases, Primary Caregiver parental leave commences on the day of birth or
placement of the Child.
b) Secondary Caregiver parental leave may commence up to one week prior to the
expected birth or placement of the Child. Where a Secondary Caregiver takes
additional paid leave in accordance with clause 32.6, the additional leave will
commence on the date the Employee takes on primary responsibility for the care of a
Child.
c) The Employer and Employee may agree to alternative arrangements regarding the
commencement of parental leave.
d) The period of parental leave for the purpose of calculating an Employee’s maximum
entitlement to paid and unpaid parental leave will commence from the date parental
leave commences or otherwise no later than the date of birth of the child,
irrespective of when the Employee elects to use any paid entitlements they may have
under this clause.
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32.18 Rules for taking parental leave entitlements
a) Parental leave is to be available to only one parent at a time, except parents may
take up to eight (8) weeks leave concurrently with each other, comprising any paid
leave to which the Employee may be eligible for under clause 32.3 or unpaid, in
connection with the birth or adoption of their Child (Concurrent Leave).
1. Concurrent Leave may commence one (1) week prior to the expected date of
birth of the Child or the time of placement in the case of adoption.
2. Concurrent leave can be taken in separate periods, but each block of concurrent
leave must not be less than two (2) weeks, unless the Employer otherwise agrees.
b) While an Employee’s eligibility for parental leave is determined at the time of birth
or adoption of the Child, the Employee and Employer may agree to permit the
Employee to use the paid leave entitlements outlined in this clause at any time
within the first fifty-two (52) weeks of parental leave, or where an extension is
granted under sub-clause 32.23 b), within the first seventy-eight (78) weeks where
clause 32.6 is invoked or otherwise the first one hundred and four (104) weeks.
c) Parental leave does not need to be taken in a single continuous period. The
Employer and Employee will agree on the duration of each block of parental leave.
The Employer will consider their operational requirements and the Employee’s
personal and family circumstances in considering requests for parental leave in more
than one continuous period. Approval of such requests will not be unreasonably
refused.
32.19 Using other accrued leave in conjunction with Parental Leave
An Employee may in lieu of or in conjunction with parental leave, access any annual leave or
long service leave entitlements which they have accrued subject to the total amount of
leave not exceeding 52 weeks or a longer period as agreed under sub-clause 32.23 b).
32.20 Public holidays during a period of paid parental leave
Where a Public Holiday occurs during a period of paid parental leave, the Public Holiday is
not to be regarded as part of the paid parental leave and the Employer will grant the
Employee a day off in lieu, to be taken by the Employee immediately following the period of
paid parental leave.
32.21 Effect of unpaid parental leave on an Employee’s continuity of employment
Other than provided for in clause 36, unpaid parental leave under clauses 32.4, 32.5, 32.23
and 32.28 shall not break an Employee’s continuity of employment but it will not count as
service for leave accrual or other purposes.
32.22 Keeping in touch days
a) During a period of parental leave, the Employer and Employee may agree to perform
work for the purpose of keeping in touch in order to facilitate a return to
employment at the end of the period of leave.
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b) Keeping in touch days must be agreed and be in accordance with section 79A of the
FW Act.
32.23 Extending parental leave
a) Extending the period of parental leave where the initial period of parental leave is
less than fifty-two (52) weeks.
1. An Employee, who is on an initial period of parental leave of less than fifty-two
(52) weeks under clause 32.4 or 32.5, may extend the period of their parental
leave on one occasion up to the full fifty-two (52) weeks entitlement.
2. The Employee must notify the Employer in writing at least four (4) weeks prior
to the end date of their initial parental leave period. The notice must specify
the new end date of the parental leave.
b) Right to request an extension to parental leave beyond the initial fifty-two (52) week
period to a maximum of one hundred and four (104) weeks.
1. An Employee who is on parental leave under clause 32.4 or 32.5 may request an
extension of unpaid parental leave for a further period of up to twelve (12)
months immediately following the end of the current parental leave period.
2. In the case of an Employee who is a member of a couple, the period of the
extension cannot exceed twelve (12) months, less any period of parental leave
that the other member of the couple will have taken in relation to the Child.
3. 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.
4. The Employer shall consider the request having regard to the Employee’s
circumstances and, provided the request is based on the Employee’s parental
responsibilities, may only refuse the request on reasonable business grounds.
5. The Employer must not refuse the request unless the Employer has given the
Employee a reasonable opportunity to discuss the request.
6. The Employer must give a written response to the request as soon as
practicable, and no later than twenty-one (21) days after the request is made.
The response must include the details of the reasons for any refusal.
32.24 Total period of parental leave
a) The total period of parental leave, including any extensions, must not extend beyond
twenty-four (24) months.
b) In the case of a couple, the total period of parental leave for both parents combined,
including any extensions, must not extend beyond twenty-four (24) months. The
Employee’s entitlement to parental leave under clause 32.4 or 32.5 will reduce by
the period of any extension taken by a member of the couple under clause 32.23.
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32.25 Calculation of pay for the purposes of parental leave
a) The calculation of fortnightly pay for paid parental leave purposes will be based on
the Employee’s average number of ordinary hours over the past three (3) years or one
(1) year whichever is the greater from the proposed commencement date of parental
leave (Averaging Period).
b) Where an Employee has less than three (3) years of service the Averaging Period will
be their total period of service at LMW.
c) The calculation will exclude any of the following periods which fall during the
Averaging Period:
1. periods of unpaid parental leave, and
2. any time worked at a reduced time fraction in order to better cope during
pregnancy, and
3. authorised unpaid leave for an unforeseen reason beyond the Employee’s control,
and
4. time worked at a reduced time fraction on returning to work after a period of
parental leave under sub-clause 32.29 c).
d) For the purposes of sub-clause 32.25 c) 3., an ‘unforeseen reason beyond the
Employee’s control’ may include, for example, a personal illness or injury suffered by
the Employee, or the care or support of an ill or injured Immediate Family or
household member by the Employee. But would not include leave taken for lifestyle
or personal reasons, career breaks or leave to undertake other employment.
e) The average number of fortnightly hours, determined in accordance with sub-clause
32.25 a) above, will be then applied to the annual Salary applicable to the
Employee’s classification and salary point at the time of taking parental leave to
determine the actual rate of pay whilst on parental leave.
32.26 Half Pay
The Employee may elect to take any paid parental leave entitlement at half pay for a period
equal to twice the period to which the Employee would otherwise be entitled.
32.27 Employer Superannuation contributions in respect of Primary Caregiver
Parental Leave
An Employee who returns to work at the conclusion of a period of Primary Caregiver Parental
Leave will be entitled to have superannuation contributions made in respect of the paid
period of the Employee’s Primary Caregiver Parental Leave, subject to requirements in
clause 27.7.
32.28 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.
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32.29 Returning to Work
a) Returning to work early
1. 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 (4) weeks from the recommencement date desired by the Employee.
2. 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 (4) weeks
from receipt of notification for the Employee’s return to work.
b) Returning to work at conclusion of leave
1. At least four (4) 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.
2. Subject to sub-clause 32.29 b) 2., 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 32.14 above, the
Employee will be entitled to return to the position they held immediately before
such transfer.
3. 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
1. 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.
2. Where an Employee wishes to make a request under sub-clause 32.29 c) 1., 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.
32.30 Lactation breaks
a) Employees cannot be discriminated against for breastfeeding or chest feeding or
expressing milk in the workplace.
b) An Employee who wishes to continue breastfeeding or chest feeding after returning
to work from a period of parental leave or keeping in touch days, may take
reasonable time during working hours without loss of pay to do so.
c) Paid lactation breaks are in addition to normal meal and rest breaks provided for in
this Agreement.
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32.31 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:
1. 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
2. provide an opportunity for the Employee to discuss any significant effect the
change will have on the status or responsibility level of the position the
Employee held before commencing parental leave.
b) The Employee shall take reasonable steps to inform the Employer about any
significant matter that will affect the Employee’s decision regarding the duration of
parental leave to be taken, whether the Employee intends to return to work and
whether the Employee intends to request to return to work on a part-time basis.
c) The Employee shall also notify the Employer of changes of address or other contact
details which might affect the Employer’s capacity to comply with sub-clause 32.31
a).
32.32 Replacement Employees
a) A replacement Employee is an Employee specifically engaged or temporarily acting
on higher duties or transferred, as a result of an Employee proceeding on parental
leave.
b) Before the Employer engages a replacement Employee the Employer must inform that
person of the temporary nature of the employment and of the rights of the Employee
who is being replaced.
c) The limitation in clause 16.1 on the use of fixed term employment to replace the
Employee does not apply in this case.
32.33 Casual Employees
The Employer must not fail to re-engage a casual Employee because the Employee has
accessed parental leave in accordance with this clause. The rights of the Employer in
relation to engagement and re-engagement of casual Employees are not affected, other than
in accordance with this clause.
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33 SURROGACY LEAVE
33.1 Entitlement to Leave
An Employee (excluding a Casual Employee) who has completed at least three (3) months
paid Continuous Service, who enters into a formal surrogacy arrangement on or the start of
this agreement, which complies with Part 4 of the Assisted Reproductive Treatment Act
2008 (Vic), as the surrogate, is entitled to access the following leave entitlements:
a) Pre-Natal leave in accordance with clause 32.7 of the Agreement, and
b) six (6) weeks of paid leave
33.2 Continuing to work while pregnant
a) A pregnant employee acting as the surrogate as part of a formal surrogacy
arrangement wanting to work during the six (6) weeks before the birth may be asked
to provide a medical certificate stating they are fit for work and whether there are
any risks in connection to their duties.
b) An Employee who fails to provide a requested medical certificate within seven (7)
days or provides one which states they are unfit for work may be required to
commence surrogacy leave.
33.3 Transfer to safe job
a) If an Employee provides a medical certificate stating they are fit for work, but it is
inadvisable for the Employee to continue in their present duties because of risks or
illness the Employee is entitled to be transferred to an appropriate safe job that has
the same, or other agreed ordinary hours of work with no other changes to the
Employee’s terms and conditions.
b) If no appropriate safe job is available, the Employee is entitled to take paid or
unpaid (if not eligible for parental leave) ‘No Safe Job Leave’.
33.4 Commencement of Surrogacy Leave
a) An Employee who is pregnant as a result of acting as a surrogate may commence paid
Surrogacy Leave at any time within six (6) weeks prior to the expected date of birth
of the Child. Otherwise, the period of parental leave must commence no later than
the date of birth of the Child, unless agreed with the Employer.
b) Unless otherwise agreed, any entitlement to paid surrogacy leave will be paid from
the date of commencement of Surrogacy Leave.
33.5 Surrogacy Leave and other entitlements
An Employee may access, in conjunction with Surrogacy Leave, any other paid or unpaid
entitlements available under this Agreement with the approval of the Employer.
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33.6 Personal/Carer’s Leave
A pregnant Employee, not then on Surrogacy Leave, who is suffering from an illness whether
related or not to the pregnancy, may take any paid and/or unpaid personal/carer’s leave in
accordance with clause 35.3.
33.7 Special Surrogacy Leave
a) Where the pregnancy of an Employee not then on parental leave terminates other
than by the birth of a living child, the Employee may take leave for such periods as a
registered medical practitioner certifies as necessary, as follows:
1. where the pregnancy terminates during the first twenty (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 35.3;
2. where the pregnancy terminates after the completion of twenty (20) weeks,
during the certified period/s the Employee is entitled to paid special surrogacy
leave not exceeding the amount of paid surrogacy leave available under this
clause 33.1.
33.8 Public holidays during a period of paid surrogacy leave
Where a Public Holiday occurs during a period of paid surrogacy leave, the Public Holiday is
not to be regarded as part of the paid surrogacy leave and the Employer will grant the
Employee a day off in lieu, to be taken by the Employee immediately following the period
of paid surrogacy leave.
33.9 Notice and Evidentiary Requirements
a) An Employee must provide ten (10) weeks’ written notice to the Employer of their
intention to take Surrogacy Leave. The notification may include a Statutory
Declaration which specifies:
1. the intended start and end dates of the leave, and
2. if known, any other leave the Employee seeks approval to take in conjunction
with their Surrogacy Leave, and
3. for the period of surrogacy leave the Employee will not engage in any conduct
inconsistent with their contract of employment.
b) The Employer may also require the Employee to provide documentary evidence
confirming:
1. the expected date of birth of the Child, and
2. the formal surrogacy arrangement, which complies with Part 4 of the Assisted
Reproductive Treatment Act 2008 (Vic).
c) The Employee must confirm these details at least four (4) weeks prior to the
commencement of the proposed period of Surrogacy leave.
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34 FOSTER AND KINSHIP CARE LEAVE
a) An Employee who provides short-term foster or kinship care as the primary caregiver
to a Child who cannot live with their parents as a result of an eligible child protection
intervention is entitled to up to two days paid leave on up to five (5) occasions per
calendar year to be taken at the time the placement of the child with the Employee
commences.
b) For the purposes of this clause Foster and Kinship Care includes:
1. Foster Caring, which is the temporary care of a child of up to 18 years of age on
a short-term basis by an Employee who is an accredited foster carer.
2. Kinship Care, which is temporary care provided by an Employee who is a relative
or a member of the child's social network when the child cannot live with their
parents.
3. Aboriginal Kinship Care, which is temporary care provided by an Employee who is
a relative or friend of an Aboriginal child who cannot live with their parents,
where Aboriginal family and community and Aboriginal culture are valued as
central to the child’s safety, stability and development.
c) Eligible child protection interventions include emergency respite and short-term or
long-term placements on a non-permanent basis, as issued by the Victorian
Department of Health and Human Services, the Children’s Court or other similar
federal, state or judicial authority.
d) Subject to the approval of the Employer, the paid leave provided in this clause may
be used in conjunction with any other paid or unpaid leave entitlements the
Employee may be eligible for under this Agreement.
e) In the case of foster carers, one occasion totalling up to two (2) days duration may be
used for accreditation purposes, including attending compulsory interviews or
training.
f) The Employer may require the Employee to provide reasonable evidence to satisfy
themselves of the Employees entitlement to leave under this provision.
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35 PERSONAL/CARER’S LEAVE
The provisions of this clause apply to full-time and regular part-time Employees. See clause
35.8 below for casual Employees’ entitlements.
35.1 Amount of Personal/Carer’s Leave
a) Paid Personal/Carer’s Leave will be available to an Employee when they are absent
because of:
1. Personal illness or injury; or
2. Personal illness or injury of an immediate family or household member who
requires the Employee's care and support; or
3. An unexpected emergency affecting the Employee or an immediate family or
household member; or
4. 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.
b) Personal Leave of:
1. Twelve (12) days will be available in the first year of service;
2. Twelve (12) days will be available per annum in the second and subsequent
years of service.
c) New Employees entitlement accrues progressively during the first year of service
according to the Employee’s ordinary hours of work.
d) Unused Personal/Carer’s Leave accumulates from year to year.
35.2 Immediate Family or Household
Immediate Family means:
a) a spouse, partner, child, parent, grandparent, grandchild or sibling of the
Employee.
b) a child, parent, grandparent, grandchild or sibling of a spouse or partner of
the Employee.
c) a member of the Employee’s household or other significant person to the
Employee.
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35.3 Personal Leave
a) Where an Employee is absent due to personal illness or injury notification to LMW of
such absence as soon as practicable, which may be a time after the leave has
started, and advise of the period or expected period of the leave.
b) For each period of Personal Leave exceeding three (3) working days, a satisfactory
certificate of attendance by a registered practitioner or statutory declaration may be
required, stating the probable duration of the absence. LMW may request a
certificate of attendance or a statutory declaration to be produced with respect to
any personal leave absence.
c) On the production of satisfactory evidence by a registered practitioner in respect of a
period or periods of personal and serious incapacitating illness or injury (other than
injury for which Workers’ Compensation is payable) occurring during an Employees
absence on Annual Leave or Long Service Leave, such medical evidence will be
produced to LMW at the earliest reasonable opportunity but no later than fourteen
(14) days after the occurrence of such personal and serious incapacitating illness or
injury, unless impracticable or on the first day back at work whichever is the earlier.
LMW will:
1. Debit such periods of personal and serious incapacitating illness or injury
against the Employees Personal Leave entitlement as if the Employee had
normally been required to work, subject to the existence of sufficient Personal
Leave credit, and
2. Grant such Employee additional Annual Leave or Long Service Leave equivalent
to the period of personal and serious incapacitating illness or injury. Such
additional Annual Leave or Long Service Leave will be taken at a time mutually
convenient to the Employee and LMW.
35.4 Carer’s Leave
a) An Employee is entitled to use Carer’s Leave to provide care or support to a member
of the Employee’s immediate family, or a member of the Employee’s household, who
requires care or support because of:
1. A personal illness, or personal injury, affecting the member; or
2. An unexpected emergency affecting the member.
b) The Employee shall, if required, establish by production of a certificate of
attendance or statutory declaration, evidencing the period of absence.
c) The Employee shall, wherever practicable, give LMW notice prior to the absence of
the intention to take leave, the name of the person requiring care and their
relationship to the Employee, the reasons for taking such leave and the estimated
length of absence. If it is not practicable for the Employee to give prior notice of
absence, the Employee shall notify LMW of such absence at the first opportunity on
the day of absence.
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d) An Employee may elect, with the consent of LMW, to work “make-up time” under
which the Employee takes time off ordinary hours, and works those hours at a later
time, during the spread of ordinary hours provided in the Agreement.
35.5 Cultural and Ceremonial Leave
NAIDOC Week Leave
a) An Employee of Aboriginal or Torres Strait Islander descent is entitled to one day of
paid leave per year to participate in National Aboriginal and Islander Day Observance
Committee (NAIDOC) week activities and events.
b) NAIDOC week leave will not accrue from year to year and will not be paid out on
termination of the employment of the Employee.
Ceremonial Leave
c) Ceremonial leave may be granted to an Employee of Aboriginal or Torres Strait
Islander descent for ceremonial purposes:
1. connected with the death of a member of the immediate family or extended
family (provided that no Employee shall have an existing entitlement reduced
as a result of this clause); or
2. for other ceremonial obligations under Aboriginal and Torres Strait Islander
lore.
d) Where ceremonial leave is taken for the purposes outlined in sub-clause 35.5 c), up
to three days in each year of employment will be with pay. Paid ceremonial leave
will not accrue from year to year and will not be paid out on termination of the
employment of the Employee.
e) Ceremonial leave granted under this clause is in addition to compassionate leave
granted under clause 37.1.
35.6 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.
35.7 Unpaid Carer’s Leave
Where an Employee has exhausted all paid Carer’s Leave entitlements, they are entitled to
take unpaid Carer’s Leave to provide care and support in the circumstances outlined in
clause 35.4, LMW and the Employee will agree on the period. In the absence of agreement,
the Employee is entitled to take two (2) days unpaid Carer’s Leave per occasion.
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35.8 Casual Employees – Caring Responsibilities and Compassionate Leave
a) Casual Employees are entitled to be unavailable to attend work or to leave work:
1. 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
2. Upon the death of an immediate family or household member
b) LMW and the Employee will agree on the period for which the Employee will be
entitled to not be available to attend work. In the absence of agreement, the
Employee is entitled to not be available to attend work for two (2) days per occasion.
The casual Employee is not entitled to any payment for the period of non-
attendance.
c) LMW will require the casual Employee to provide satisfactory evidence to support the
taking of this leave.
d) LMW will not fail to re-engage a casual Employee because the Employee accessed the
entitlements provided for in this sub-clause. The rights of LMW to engage or not to
engage a casual Employee are otherwise not affected.
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36 LONG SERVICE LEAVE
Employees covered by this Agreement will be entitled to Long Service Leave in accordance
with the provisions of the Water (Long Service Leave) Regulations, with the exception of the
following sub-clauses that shall prevail in lieu:
36.1 Leave Entitlement
a) An Employee shall, subject to and in accordance with this clause, be entitled to four
hundred and ninety four (494) hours leave on ordinary pay after completion of ten
(10) years continuous service with LMW and thereafter, two hundred and forty seven
(247) hours leave on ordinary pay on the completion of each subsequent period of
five (5) years continuous service with LMW. Part-time Employees shall be entitled to
Long Service Leave on a pro-rata basis.
Employees reducing their hours of work shall maintain their prior accruals at the rate
previously accrued to the date which reduced hours commenced.
b) Employees who have completed seven (7) but less than ten (10) years continuous
service and cease to be employed by LMW, shall be entitled to a pro-rata payment in
lieu of Long Service Leave on ordinary pay, on the basis of one fortieth (1/40th) of
the period of continuous service.
c) An Employee may access their long service leave entitlement on a pro rata basis,
after an initial seven (7) years of continuous service.
d) Employees who have completed ten (10) or more years continuous service with LMW
and cease to be employed by LMW shall, be entitled to payment in lieu of accrued
Long Service Leave on ordinary pay as provided in sub-clause 36.1 a) above, together
with a period of Long Service Leave on ordinary pay as equals one fortieth (1/40th) of
the period of continuous service after the last accrual of entitlement to Long Service
Leave.
e) Where the services of an Employee with not less than four (4) completed years of
service, is terminated on account of ill health, retrenchment, or by death, the
Employee or the legal representative of the Employee shall receive a pro rata Long
Service Leave payment. The payment is equal to one fortieth (1/40th) of the period
of service and is in lieu of Long Service Leave with pay.
f) Where a public holiday occurs during a period of Long Service Leave granted to an
Employee, the public holiday will not be regarded as part of the Long Service Leave.
LMW shall grant to the Employee a day off in lieu.
g) See sub-clause 21.3 c) apprentices and trainees Long Service Leave conditions.
36.2 Taking of Long Service Leave
a) Long Service Leave shall be taken at times which are convenient to the needs of LMW
but as far as is practicable the wishes of the Employee shall be considered when
fixing the time for taking of leave.
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b) Employees intending to take Long Service Leave should give at least four (4) weeks’
notice of their intention.
c) Managers are responsible for responding to an Employee’s requests for Long Service
Leave in a reasonable timeframe and keeping the Employee updated on progress if
there is a delay in finalising an outcome. Where an Employee does not receive a
response from their manager they should first contact their manager to follow up on
the leave request and if not resolved, should engage the People Team to support a
resolution.
d) A minimum two (2) weeks Long Service Leave must be taken by an Employee at any
one time unless otherwise approved by the Managing Director.
36.3 Payment of Long Service Leave
a) Long Service Leave granted with pay shall be paid at the Employees Ordinary rate of
pay, as defined. Provided that where the length of service prescribed in this sub-
clause includes periods of less than full-time service, (including prior recognised
service), calculation and payment of such periods of service shall be on a pro rata
basis.
b) At the request of the Employee and with the approval of LMW, the whole or part of
the Long Service Leave may be taken at half pay for a period equal to twice the
whole or part of the period.
c) At the request of the Employee and with the approval of LMW, the whole or part (a
minimum of four (4) weeks) of the Long Service Leave may be taken at double pay for
a period equal to half the whole or part of the period.
d) The amount shall be payable fortnightly except that on the request of the Employee
and with the agreement of LMW, the amount may be paid in a lump sum at the
commencement of the leave.
e) Payment to an Employee during Long Service Leave shall be adjusted to include any
variation in salary that occurs during the leave period.
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37 SPECIAL LEAVE
37.1 Compassionate Leave
a) An Employee (other than a casual Employee) is entitled to up to five (5) days of paid
Compassionate Leave per occasion when a member of the Employee’s immediate
family or a member of the Employee’s household:
1. Contracts or develops a personal illness that poses a serious threat to his or her
life; or
2. Sustains a personal injury that poses a serious threat to his or her life; or
3. Dies.
b) Any unused portion of Compassionate Leave will not accrue from year to year and will
not be paid out on termination.
c) Such leave does not have to be taken consecutively.
d) An Employee may take unpaid Compassionate Leave by agreement LMW.
e) LMW will require the Employee to provide satisfactory evidence to support the taking
of Compassionate Leave.
37.2 Blood Donation
Subject to reasonable notice, LMW shall approve time off on full pay to facilitate the
donation of blood.
37.3 Court Attendance
a) An Employee required under the Juries Act 2000 (Vic) to appear and serve as a juror
in any court shall be entitled to be granted leave with pay for the period of required
attendance at court.
b) An Employee required by Fair Work Commission to attend as a witness, with respect
to any matters pertaining to this Agreement, shall be granted leave without loss of
pay for the period of required attendance.
c) An Employee required to appear in court as a crown witness or required and/or
granted leave to attend in an official capacity, as a consequence of or in connection
with their employment, to give evidence or to produce papers in any court, shall be
granted leave without loss of pay for the period of required attendance. Fees
received for the performance of official duty shall be paid to LMW.
d) To obtain approval for leave under this clause, a leave application must be supported
by a notification that the Employee is required to attend.
e) Leave granted under this clause shall be included as service for the purpose of
Annual, Personal and Long Service Leave.
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37.4 Community Services Leave
a) Employees who are registered members of a volunteer organisation who wish to
respond to a declared emergency situation or training may be released from their
normal duties without loss of salary to participate in firefighting, flood relief or other
emergency activity. Provided that:
1. Release for volunteer activity is subject to no undue inconvenience being
caused to LMW.
2. Satisfactory evidence is provided of an Employees bona fide involvement in the
emergency activity.
3. LMW reserves the right to recall the Employee from this leave if required for
the needs of the business. OHS requirements must be taken into consideration.
b) Leave granted under this clause shall be included as service for the purpose of
Annual, Personal and Long Service Leave.
37.5 Community Volunteer Leave
An Employee may be granted one day paid Community Volunteer Leave each calendar year
to volunteer with local community organisations. Paid leave will not be available to the
Employee for the purpose of attending ceremonial functions unless the organisation certifies
in writing that the Employee is required to attend as part of their volunteer duties.
LMW will consider operational requirements and the needs of the Employee when assessing
applications for Community Volunteer Leave.
This leave is not accrued over the year and will be available on the Employee’s anniversary.
Unused Community Volunteer Leave will not be rolled over each year.
37.6 Study Leave
Effective from the date of commencement of this Agreement:
a) An Employee may be granted five (5) days paid Study Leave each calendar year to
undertake a course of study or training that has relevance to the Employee’s role
with LMW. The purpose of Study Leave is to enable an Employee to pursue a course
of studies or training which would benefit them professionally and LMW’s business
outcomes. All study leave must be preapproved by the Employees People Manager
prior to completing the leave.
b) Study Leave to be taken for the purpose of:
• Travel and attendance at lectures
• Travel and attendance at examinations
• Travel and block attendance at instruction/review
• Study revision immediately prior to examination
• Complete assessment tasks associated with study requirements
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c) LMW will consider operational requirements and the needs of the Employee when
assessing applications for study leave.
d) This leave is not accrued over the year and will be available on the Employee’s
anniversary, unused Study Leave will not be rolled over each year or paid out when
leaving LMW.
37.7 Special Sick Leave
a) An ex-member of the Armed Forces, who is an Employee with at least six (6) months
service, who is absent from duty because of a disability which has been accepted by
the Department of Veteran’s Affairs as due to war service, may be granted Special
Sick Leave on the following basis:
1. The Employee shall receive a leave credit of twelve (12) days Special Sick Leave
on full pay per year, subject to a maximum available accumulation at any time
of one (1) hundred days;
2. The application of the above is based on a normal working day of 7.6 hours per
day;
3. Payment during leave shall be at the Employees ordinary rate of pay, subject to
the production of a certificate of attendance stating that the absence is due to
a disability which has been accepted by the Department of Veteran’s Affairs as
due to war service; and
4. The Employee may use normal Personal Leave when the Special Sick Leave
credit is exhausted.
b) Upon report by a registered practitioner that, by reason of contact with a person
suffering from an infectious disease and through the operation of restrictions imposed
by law in respect of such disease, an Employee is unable to attend for duty, LMW may
grant the Employee special paid sick leave.
c) Leave of absence under this clause shall not be granted for any period beyond the
earliest date at which it would be practicable for the Employee to resume duty,
having regard to the restrictions imposed by law.
d) If LMW has reason to believe that the Employee is in such a state of health as to
render such Employee a danger to his or her fellow Employees, LMW may require such
Employee to be examined by, and to obtain and furnish a report as to their condition,
from a duly mutually agreed registered practitioner.
e) Upon receipt of the medical report, LMW may direct the Employee to be absent from
duty for a specified period, or if on leave of absence, direct such Employee to
continue on leave for a specified period, and the absence of such Employee shall be
regarded as absence on leave owing to illness.
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37.8 Leave Without Pay
a) Subject to the operational requirements of LMW, leave without pay may be granted
to Employees for periods of up to one (1) year. At the discretion of the Managing
Director, such period of leave without pay may be extended beyond one (1) year.
b) Except where special circumstances apply, leave without pay shall be granted only
where all available leave with pay entitlements, other than Personal Leave
entitlements, have been utilised.
c) Leave without pay for any period that exceeds 30 days accumulatively in one
financial year shall not be counted as service for the purpose of calculating
Personal/Carer’s, Annual or Long Service Leave entitlements.
d) LMW shall not contribute the Employer contribution for superannuation while an
Employee is on leave without pay and such leave shall not count as service for
superannuation purposes.
e) Public Holidays occurring during the period shall also be unpaid leave.
37.9 Family Violence Leave
General Principle
a) LMW recognises that Employees sometimes face situations of violence or abuse in
their personal life that may affect their attendance or performance at work.
Therefore, LMW is committed to providing support to staff that experience family
violence.
b) 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
c) 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
d) Leave for family violence purposes is available to all Employees with the exception of
casual Employees.
Casual Employees are entitled to access leave without pay for family violence
purposes.
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General Measures
e) 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.
f) All personal information concerning family violence will be kept confidential in line
with LMW’s policies and relevant legislation. No information will be kept on an
Employee’s personnel file without their express written permission.
g) No adverse action will be taken against an Employee if their attendance or
performance at work suffers as a result of experiencing family violence.
h) LMW will identify contact/s within the workplace who will be trained in family
violence and associated privacy issues. LMW will advertise the name of any Family
Violence contacts within the workplace.
i) An Employee experiencing family violence may raise the issue with their immediate
supervisor, Family Violence contacts, union delegate or nominated People and
Customers contact. The immediate supervisor may seek advice from People and
Customers if the Employee chooses not to see the People and Customers or Family
Violence contact.
j) Where requested by an Employee, the People and Customers contact will liaise with
the Employee’s People Manager on the Employee’s behalf, and will make a
recommendation on the most appropriate form of support to provide in accordance
with sub-clauses 37.9 l) and m) and sub-clauses 37.9 n), o), p) and q).
k) LMW have developed guidelines (CTD/003291) which details the appropriate action to
be taken in the event that an Employee reports family violence.
Leave
l) An Employee experiencing family violence will have access to twenty (20) days per
year of paid special leave for medical appointments, legal proceedings and other
activities related to family violence (this leave is not cumulative but if the leave is
exhausted consideration will be given to providing additional leave). This leave will
be in addition to existing leave entitlements and may be taken as consecutive or
single days or as a fraction of a day and can be taken without prior approval.
m) 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 sub-clause
37.7 e) from an Employee seeking to utilise their personal/carer’s leave entitlement.
Individual Support
n) In order to provide support to an Employee experiencing family violence and to
provide a safe work environment to all Employees, LMW will in line with Victorian
Public Service Enterprise Agreement approve any reasonable request from an
Employee experiencing family violence for:
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1. temporary or ongoing changes to their span of hours or pattern or hours
and/or shift patterns;
2. temporary or ongoing job redesign or changes to duties;
3. temporary or ongoing relocation to suitable employment;
4. a change to their telephone number or email address to avoid harassing
contact;
5. any other appropriate measure including those available under existing
provisions for family friendly and flexible work arrangements.
o) 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.
p) 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.
q) An Employee that discloses that they are experiencing family violence will be given
information regarding current support services.
37.10 Exceptional Circumstances Leave
Where in exceptional circumstances or in respect of a period not provided for above, LMW is
satisfied that leave should be granted to an Employee, the Managing Director may grant such
leave as is considered appropriate, on such terms and conditions as they see fit. This is not a
stand-alone entitlement and will normally only be considered when all other forms of leave
have been exhausted. This clause may be considered in circumstances such as, but not
limited to, leave required for assisting those affected by extended personal or family illness,
drug or alcohol abuse or other issues as may be relevant.
37.11 Leave to Attend Rehabilitation Program
a) An Employee, other than a casual Employee, may be granted leave with or without
pay to undertake an approved rehabilitation program where LMW is satisfied that:
1. The Employee’s work performance is adversely affected by the misuse of
drugs or alcohol or problem gambling;
2. The Employee is prepared to undertake a course of treatment designed for
the rehabilitation of persons with alcohol, drug or gambling related problems;
and
3. In the case of an alcohol or drug addiction, a Registered Practitioner has
certified that in their opinion the Employee is in need of assistance because of
their misuse of alcohol or drugs and that the Employee is suitable for an
approved rehabilitation program; or
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4. In the case of problem gambling the Employee satisfied the eligibility criteria
for entry into an approved problem gambling rehabilitation program.
b) In production of proof of attendance at an approved rehabilitation program in
accordance with sub-clause 37.9 a), an Employee may be granted leave as follows:
An Employee who has completed two (2) years’ continuous or aggregate service and
who has exhausted all other accrued leave entitlements may be granted leave with
pay up to the maximum number of days specified below:
Years of Service First Year of Program Subsequent Years of
Program
2 years 20 days 15 days
3 years 27 days 20 days
4 years 33 days 25 days
5 or more years 40 days 30 days
An Employee who has completed less than two (2) years continuous or aggregate
service may be granted leave without pay for the purposes of attending an approved
rehabilitation program.
c) For the purpose of this clause, Registered Practitioner has the same meaning as set out
in clause 4 Definitions.
37.12 Transfer of Personal/Carer’s Leave Entitlements
At the discretion of the Managing Director, LMW will consider the donation of
Personal/Carer’s Leave entitlements between staff members in exceptional circumstances.
Examples of exceptional circumstances include staff members suffering from a terminal or
life-threatening illness or injury. The utilisation of this entitlement is not to be of a routine
nature and will only become available once all other entitlements have been exhausted.
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38 PURCHASED LEAVE SCHEME
a) The 48/52 or other fractional model of employment (49/52,50/52,51/52) is a separate
model of employment whereby the Employee receives four (4) weeks annual leave and
up to an additional four (4) weeks of unpaid leave for a nominated twelve (12) month
period. The Employee is paid for fifty-two (52) weeks per year at the fractional rate of
the 48/52 or other fractional model of the annual salary (band and level) for their
position. The proportionate reduction in pay is spread over the nominated twelve (12)
month period.
b) The purchased leave will be taken at a time mutually agreed by the Employee and
LMW. The purchased leave is required to be taken within the twelve (12) month
period for which approval has been given.
c) An Employee working under the 48/52 or other fractional model of employment may
request a reversion to standard employment conditions on the anniversary date of
transfer to 48/52 or other fractional model of employment. Any additional leave
accrued under the 48/52 or other fractional model of employment must be exhausted
prior to reverting to standard employment conditions.
d) An application by an individual Employee for a 48/52 or other fractional model cycle
for a twelve (12) month period must be made to the relevant People Manager or
Coordinator and must be approved by General Manager. Each application will be
assessed and all reasonable endeavours made to accommodate any application under
this clause with regard to reasonable business grounds, including:
• Impact on department with regard to operating and service obligations,
• Impact on customer service,
• Cost of backfill or higher duties,
• Team work and working relationships,
• Other relevant considerations.
e) It is acknowledged by all parties that this arrangement will not be available to all
positions within LMW.
f) All approved purchased leave arrangements entered into shall be reviewed annually.
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39 WORKER’S COMPENSATION MAKE-UP PAY
a) LMW will pay an Employee Worker’s Compensation Make-up Pay where the Employee
receives an injury or illness for which weekly payments of compensation are payable
by or on behalf of the Employer pursuant to the provisions of the Accident
Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and
Compensation Act 2013 (Vic).
b) Worker’s Compensation Make-up Pay means a weekly payment of an amount being the
difference between the weekly amount of compensation paid to the Employee
pursuant to the Accident Compensation Act 1985, the Workplace Injury Rehabilitation
and Compensation Act 2013 and the Employees appropriate thirty-eight (38) hour
Agreement rate or in the case of a part-time Employee, the pro-rata Agreement rate or
where the incapacity is for a lesser period than one (1) week the difference between
the amount of compensation and the said Agreement or pro-rata rate for that period.
c) LMW will pay or cause to be paid Worker’s Compensation Make-up Pay during the
incapacity of the Employee arising from any one injury for a total of fifty-two (52)
weeks whether the incapacity is in one continuous period or not.
d) The liability of LMW to pay Worker’s Compensation Make-up Pay in accordance with
this clause will arise as at the date of the injury or accident in respect of which
compensation is payable and the termination of the Employees employment for any
reason during the period of any incapacity will in no way affect the liability of LMW to
pay Worker’s Compensation Make-up Pay as provided in this clause.
e) In the event that the Employee receives a lump sum in redemption of weekly payments
the liability of LMW to pay Worker’s Compensation Make-up Pay will cease from the
date of such redemption.
f) Notwithstanding the provisions of this clause the liability to pay Worker’s
Compensation Make-up Pay to casual, temporary or Employees who retire, will cease
at the expiration of such engagement or fifty-two (52) weeks, whichever is the lesser
period.
g) Where an Employee had given notice of his/her intention to retire and is injured prior
to the notified date of retirement, the liability to pay Worker’s Compensation Make-up
Pay will cease at the date on which the Employee was due to retire, or fifty-two (52)
weeks, whichever is the lesser period.
h) LMW will pay the Employees superannuation on any Workers Compensation / Make-up
Pay.
i) For an injury prior to the proclamation of the Workplace Injury Rehabilitation and
Compensation Act 2013, a reference to that Act shall be deemed to be a reference to
the Accident Compensation Act 1985 (Vic).
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40 APPENDIX 1 – CLASSIFICATION DESCRIPTORS
Band One
A position in this Band has the following job characteristics:
1 Accountability and extent of authority
An Employee in this Band performs broad tasks involving the utilisation of a range of basic
and developed skills.
Works under routine supervision either individually or in a team environment.
Work performed falls within general guidelines including the exercise of discretion in the
application of established practices and procedures.
Employees may have contact with customers, the public or other Employees, which involves
explanations of specific procedures and practices.
Employees are responsible for the quality, quantity and timeliness of their own work in so
far as available resources permit and for the care of LMW assets entrusted to them.
Employees in this Band may provide on-the-job training based on their skill and experience.
2 Judgement and decision making
In positions in this Band, the nature of the work may be routine or specialised in nature that
is clearly defined with established procedures well understood or documented.
The tasks to be performed may involve the use of a limited range of tools, techniques,
processes and methods, within a specified range of work.
An Employee may resolve minor problems that relate to their immediate work tasks.
Employees are called upon to use some originality in approach with solutions usually
attributable to application of previously encountered procedures and practices.
3 Specialist knowledge and skills
Positions in this Band may require proficiency in the safe operation of complex equipment or
knowledge of the use of plant, which requires the exercise of judgement or adaption.
The utilisation of skills either learnt on the job or self-taught.
4 Inter-personal skills
Positions in this Band require basic oral communication skills and where appropriate written
skills, so as to be able to satisfactorily converse with customers, members of the public and
other Employees.
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5 Qualifications and experience
An Employee in this Band will have commenced on-the job training which may include an
induction course. Indicative but not exclusive of the minimum qualifications required in this
Band are the following:
a) General construction and maintenance work;
b) General mechanical maintenance;
c) Familiarity with basic office procedures;
d) Either year eleven (11) educational qualifications; or
e) Relevant experience/on the job training commensurate with the requirements of the
work in this Band.
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Band Two
A position in this Band has the following job characteristics:
1. Accountability and extend of authority
An Employee in this Band performs work under general supervision.
Employees receive broad instruction on what is required and would be expected to exercise
analytical skills and initiate within standard practices and processes. In unusual or difficult
situations guidance is provided from a more senior Employee, or in the form of recorded
guidelines such as manuals or prescriptions.
Positions in this Band may be required to lead and direct fellow team members in similar or
related work.
2. Judgement and decision making
Positions in this band require personal judgement. The nature of work is more specialised
with procedures well understood and clearly documented.
The particular tasks to be performed will involve selection form a range of techniques,
systems, equipment, methods or processes.
Employees will be expected to demonstrate some analytical skills, show initiative and
independent decision making to resolve certain issues.
3. Specialised knowledge and skills
Positions require proficiency in the operation of more complex equipment or knowledge of
the use of plant which requires the exercise of judgement or adaption.
Indicative but not exclusive of the skills required of an Employee in the Band include:
a) Understanding and application of quality control techniques;
b) Performance of trade qualifications and non-trade tasks incidental to the work;
c) Provision of trade guidance and assistance as part of a work team;
d) Provision of formal training programmes in conjunction with supervisors and trainers;
e) Supervisory skills.
4. Management Skills
Some positions in this Band are at the “work face”, while others may be involved in first line
supervision of Employees at the “work face”.
Employees at this level should have sufficient freedom to plan their work at least a week in
advance.
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Where supervision is part of the job, it is expected that the supervisor will assist other
Employees in their tasks where required.
Positions in the Band require basic skills in managing time and planning and organising their
own work so as to achieve specific and set objectives in the most efficient way, within
resources available and within a set timetable.
Employees may assist others by providing guidance, advice and training on routine technical,
procedural or administrative matters.
5. Interpersonal Skills
Positions in the Band require skills in oral and written communication with customers,
Employees and members of the public in the resolution of minor problems.
6. Qualifications and experience
An Employee in this Band will have satisfactorily completed the requirement of Band 1 or
equivalent, as well as structured training to one or more of the following levels:
a) Appropriate trade qualification;
b) Completion of TAFE accredited / Industry based training courses; and
Knowledge and skills gained through significant on-the-job training commensurate with the
requirements of the work in this Band.
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Band Three
A position in this Band has the following job characteristics:
1. Accountability and extent of authority
Employees are expected to exercise discretion within standard practices and processes,
undertaking and implementing quality control measures.
Employees in this Band may exercise high precision trade skills, using various materials and
or specialised techniques.
Positions provide direction, leadership and on-the-job training to supervised Employees or
groups of Employees.
Employees with supervisory responsibilities are required to ensure that all Employees under
their direction are trained in safe working practices and in the safe operation of equipment
and made aware of all occupational, health and safety policies and procedures.
The freedom to act is limited by standard and procedures encompassed by the nature of the
work assigned to the position from time to time. The work generally falls within specific
guidelines, but the scope to exercise discretion in the application of established standard
and procedures.
2. Judgement and decision making
In positions in this Band, the objectives of the work are normally well defined but the
particular method, process or equipment to be used must be selected from a range of
available alternatives.
For supervision, the process often requires the quantification of the amount of resources
needed to meet those objectives.
3. Specialised knowledge and skills
Additional trade skills commensurate with higher level trade qualification.
Employees in this Band have the ability and skills to provide training in the post-trades or
specialist disciplines either through formal training programmes or on-the-job training.
Employees in this Band require a thorough understanding of the relevant technology,
procedures and processes within their operating unit.
Employees may have professionally qualified knowledge and skills with no or limited
practical experience.
4. Management Skills
These positions require skills in managing time, setting priorities, planning and organising
their own work and that of supervised Employees, so as to achieve specific set objectives in
the most efficient way possible within the resources available and within a set timetable.
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5. Interpersonal Skills
Positions in this Band require the ability to gain co-operation and assistance from customers,
members of the public and other Employees in the administration of defined activities and in
the supervision of other Employees or groups of Employees.
Employees in this band are expected to write reports in their field of expertise and to
prepare external correspondence of a routine nature.
6. Qualifications and experience
The skills and knowledge needed for entry to this level are those normally acquired through
completion of TAFE certificates plus several years’ experience or a tertiary degree.
Alternatively Employees in this Band may have lesser formal qualifications with relevant
work skills or through relevant work skills commensurate with the requirements of work in
this Band.
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Band Four
A position in this Band has the following job characteristics:
1. Accountability and extent of authority
Positions in this Band may supervise resources and or give support to more senior Employees.
In positions where the prime responsibility is for resources supervision, the freedom to act is
governed by clear objectives and/or budgets with frequent prior consultation with more
senior Employees and a regular reporting mechanism to ensure adherence to plans.
In positions where the prime responsibility is to provide specialist advice to customers or to
regulate customer the freedom to act is subject to close supervision or to clear guidelines.
The effect of decisions and action are always subject to appeal or review by more senior
Employees.
In positions where the prime responsibility is to provide direct support and assistance to
more senior Employees the freedom to act is not limited simply by standards and procedures
and the quality of decisions and actions taken will often have an impact upon the
performance of the Employees being supported.
2. Judgement and decision making
In these positions the objectives of the work are usually well defined by the particular
method, technology, process or equipment to be used must be selected from a range of
available alternatives.
Problems in this Band are often complex or technical in nature with solutions not related to
previously encountered situations and some creativity and originality is required.
Guidance and counsel may be available within the time available to make a choice.
3. Specialist knowledge and skills
Supervisors in this Band require a thorough understanding of the relevant technology,
procedures and processes used within their operating unit.
Employees require an understanding of the role and function of the senior Employees to
which they provide support, an understanding of the long term goals of the unit in which
they work, and an appreciation of the longer term goals of the wider organisation.
Positions in this band provide direction, leadership and structured training or on-the-job
training to supervised Employees or groups of Employees.
4. Management Skills
These positions require skills in managing time, setting, prioritising, planning and organising
their own work and where appropriate that of other Employees, so as to achieve specific and
set objectives in the most efficient way possible, with the resources available and within a
set timetable.
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5. Interpersonal Skills
Positions in this Band require the ability to gain cooperation and assistance from customers,
members of the public and other Employees in the administration of defined activities and in
the supervision of other Employees or groups of Employees.
Employees in this Band are expected to write reports in their field of expertise and to
prepare external correspondence.
6. Qualifications and experience
The skills and knowledge needed for entry to this level are beyond those normally acquired
through completion of TAFE certificated, Associated Diploma or degree alone. Some
practical experience is expected.
Alternatively Employees in the Band may have lesser formal qualifications but with extensive
and significant relevant experience and work skills commensurate with the requirements of
work in the Band.
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Band Five
A position in this Band has the following job characteristics:
1. Accountability and extend of authority
Positions in this Band may manage resources, and or provide advice to or regulate customers
and / or provide input into the development of policy.
In positions where the prime responsibility is for resource management, the freedom to act
is governed by clear objectives and/ or budgets with a regular reporting mechanism to
ensure adherence to goals and objectives. The effect of decision and actions taken at this
level is usually limited to the quality of cost of the programs and projects being managed.
In positions where the prime responsibility is to provide specialist advice to customers or to
regulate customers, the freedom to act is subject to regulations and policies and
supervision. The effect of decisions and actions taken in this Band on individual customers
may be significant but it is usually subject to appeal or review by more senior Employees.
Few positions in the Band are primarily involved in policy development. Where they are, the
work is usually of an investigative and analytical nature, with the freedom to act prescribed
by a more senior position.
The quality of the output of these positions can have a significant effect on the process of
policy development.
Many positions in this Band would have a formal input into policy development within their
area of expertise and/or management.
2. Judgement and decision making
Employees at this level are expected to apply significant technical knowledge and technical
judgement in one or more fields or activities.
Positions in this Band generally involve both problem solving and policy development.
Methods, procedures and processes are generally less well defined and Employees are
expected to contribute to their continued development and adoption.
In resource management roles the work will typically require the development and
modification practices and procedures due to the diverse and complex nature of the
functions managed.
3. Specialist knowledge and skills
Typically, these positions require proficiency in the application of a theoretical or scientific
discipline, including the underlying principles as distinct from the other practices.
All positions require an understanding of the long term goals of the functional unit in which
the position is placed and on the relevant policies of both the unit and the wider
organisation.
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Positions in the Band, particularly those where the primary function is to manage resources,
require sound knowledge of relevant budgeting techniques.
4. Management Skills
These positions require skills in managing time, setting priorities, planning and organising
their own work and where appropriate that of other Employees, so as to achieve specific and
set objectives in the most efficient way possible with the resources available and within a
set timetable.
5. Interpersonal Skills
Positions require the ability to gain cooperation and assistance from customers, members of
the public and other Employees in the administration of defined activities and in the
supervision of other Employees.
Employees in this Band must also be able to liaise with their counterparts in other
organisations to discuss specialist matters and with other Employees in other functions in
LMW to resolve intra-organisational problems.
6. Qualifications and experience
The skills and knowledge needed for entry to this Band are beyond those normally acquired
through tertiary education alone. With a minimum of at least several years of relevant
experience.
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Band Six
A position in this Band has the following job characteristics:
1. Accountability and extent of authority
Positions in the Band may manage resources and/or provide advice to or regulate clients and
/ or participate in the development of policy.
In positions where the prime responsibility is for resource management, the freedom to act
is governed by polices, objectives and budgets with a regular reporting mechanism to ensure
achievement of goals and objectives. Decisions and actions taken at his level may have a
significant effect on the programs or projects managed or on the public perception of the
wider organisation.
In positions where the prime responsibility is to provide specialist advice to customers, the
freedom to act is subject to professional and regular review. The impact of decisions made
or advice given may have a substantial impact on individual clients or classes of clients.
In positions where the prime responsibility is in policy formulation the work may be of an
investigative, analytical or creative nature, with the freedom to act generally prescribed by
a more senior position. The quality of these positions can have a significant effect on the
policies which are developed.
All positions in the Band would have an input into policy development within their area of
expertise and/or management.
In positions where the prime responsibility is in policy formulation, the primary challenge
will be intellectual and will typically require the identification and analysis of an unspecified
range of options before recommendations can be made.
2. Judgement and decision making
Employees at this level are expected to apply significant technical knowledge and technical
judgement in one or more fields or activities.
Where positions are advisory in nature, regular monitoring of specialist technical, business
and industry development, the analysis and assessment for relevance and potential impact
to LMW is required.
3. Specialist knowledge and skills
These positions require proficiency in the application of a theoretical or scientific discipline
in the search for solutions to new problems and opportunities.
Where the prime responsibility is in policy formation, analytical and investigative skills are
required to enable the formation of policy options from within a broad organisation-wide
framework.
An understanding is required of the long term goals of the wider organisation and of its
values and aspirations and of the legal and political context in which it operates.
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Knowledge of and familiarity with the principles and practice of budgeting and relevant
accounting and financial procedures may be required.
4. Management Skills
These positions require skills in managing time, setting priorities and planning and organising
their own work and where appropriate that of other Employees, so as to achieve specific and
set objectives in the most efficient way possible within the resources available and within a
set timetable despite conflicting pressures.
5. Interpersonal Skills
These positions require the ability to gain cooperation and assistance from clients, members
of the public and other Employees in the administration of broadly defined activities and to
motivate and develop Employees.
Employees in this Band must also be able to liaise with their counterparts in other
organisations to discuss and resolve specialist problems and with other Employees within
their own organisation to resolve intra-organisational problems.
6. Qualifications and experience
The skills and knowledge need for entry to the Band are beyond those normally acquired
through tertiary education alone.
Typically, they would be gained through completion of a degree or diploma course with
substantial years of relevant experience. They might also be acquired through higher formal
qualifications whether in the field of specialist expertise or in management, together with a
shorter period of experience, or they might be acquired through lesser formal qualifications
with extensive relevant experience.
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LOWER MURRAY URBAN AND RURAL WATER CORPORATION ENTERPRISE AGREEMENT 2021
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Page No 119 of 122
Band Seven
A position in this Band has the following job characteristics:
1. Accountability and extent of authority
Positions in this band may manage resources and/or regularity or specialist units and/or
development and interpret policy.
In positions where the prime responsibility is for resource management the freedom to act is
governed by broad goals, policies and budgets with periodic reviews to ensure conformity
with those goals and a reporting mechanism to ensure adherence to budgets. Decisions and
actions taken in the Band may have a substantial effect on the operation the unit being
managed or on the public perception of the wider organisation.
In positions where the prime responsibility is to manage regulatory or specialist units, the
freedom to act is governed by the goals and policies of the organisation and by statute and
subordinate legislation. Decisions and actions taken at this level may have substantial effect
on the community or sections of it.
2. Judgement and decision making
These positions generally involve both problem solving and policy development. Methods,
procedures and processes are less well defined and Employees are expected to contribute to
their development and adoption. The work will typically require the identification and
analysis of an unspecified range of options before a choice can be made. Employees at this
level will identify and develop policy options in their own functional area for consideration
and choice by their Manager or by LMW.
3. Specialist knowledge and skills
These potions require proficiency in the application of theoretical or scientific approaches in
the search for solutions to new problems and opportunities which may be outside the
organisation field of specialisation by the Employee.
An understanding is required of the long term goals of the wider organisation and of its
values and aspirations and the legal, social, economic and political context in which it
operates.
A sound knowledge of budgeting and relevant accounting and financial procedures is
essential except for specialist positions where such knowledge may not be required.
4. Management Skills
Positions in the Band typically involve the supervision of large numbers of Employees or the
supervision of tertiary qualified Employees or Employees with extensive experience.
Management skills are required to achieve objectives and goals, taking account of
organisational and external constraints and opportunities.
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LOWER MURRAY
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LOWER MURRAY URBAN AND RURAL WATER CORPORATION ENTERPRISE AGREEMENT 2021
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Page No 120 of 122
5. Interpersonal Skills
Positions require the ability to persuade, convince or negotiate with customers, members of
the public, other Employees, tribunals and persons in other organisations it the pursuit and
achievement of specific and set objectives. Employees at this level must be able to lead,
motivate and develop other Employees.
6. Qualifications and experience
The skills and knowledge needed for entry to this Band are beyond those normally acquired
through a degree course and experience in the field of the Employee’s specialist expertise
alone.
Typically, the necessary skills and knowledge would be gained through further formal
qualifications in the field of expertise or in management or through at least four years of
experience in another specialist field.
Alternatively, they might be acquired through lesser formal qualifications together with
extensive and diverse experience, or intensive specialist experience.
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LOWER MURRAY
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LOWER MURRAY
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LOWER MURRAY URBAN AND RURAL WATER CORPORATION ENTERPRISE AGREEMENT 2021
41 SIGNATORIES
SIGNED for and on behalf of, and with the
authority of LOWER MURRAY URBAN AND
RURAL WATER CORPORATION by its Authorised
Delegate conferred by an Instrument of Delegat;on
dated ~\ \ 113 } 20.2( , in the presence of:
Printed Name:
Anthony Couroupis·
Title:
Managing Director
Date: 8 \ \;;l.( 2 OJ,\
\ \
Signed for and on behalf of
The Staff of Lower Murray Water
Urban and Rural Water Corporation
741- 759 Fourteenth Street
Mildura Vic 3500
~ Witness Signature
Full name (please print)
Signature:
Printed Name: ~ M ~'~-
Title: ::Sm~ \SA-l:'.:kl r--J \. NG )ts--pt...~-::z._rvt,q-.}\ vz
Date: €:, \ )Z-) 2QZ.,\ -
In the presence of: [Signature]
Page No 121 of 122
LOWER MURRAY WATER LOWER MURRAY URBAN AND RURAL WATER CORPORATION ENTERPRISE AGREEMENT 2021 41 SIGNATORIES SIGNED for and on behalf of, and with the ) authority of LOWER MURRAY URBAN AND - RURAL WATER CORPORATION by its Authorised - Delegate conferred by an Instrument of Delegation ) dated 31/8/2021, in the presence of: ) 0 Witness Signature Printed Name: GLORIA GILMORE Anthony Couroupis Full name (please print) Title: Managing Director Date: 8/12/2021 10 Signed for and on behalf of Signature: OK Faster The Staff of Lower Murray Water Urban and Rural Water Corporation Printed Name: Kym FOSTER. 741- 759 Fourteenth Street Title: STAFF BARGINING REPRESENTATIVE Mildura Vic 3500 Date: 8/12/2021. In the presence of: [Signature] Page No 121 of 122
LOWER MURRAY
WATER
LOWER MURRAY URBAN AND RURAL WATER CORPORATION ENTERPRISE AGREEMENT 2021
41 SIGNATORIES
SIGNED for and on behalf of, and with the
authority of LOWER MURRAY URBAN AND
RURAL WATER CORPORATION 741-759 Fourteenth
Street Mildura Vic 3500 by its Authorised
Delegate conferred by an Instrument of Delegat;on
dated �\ \ 113 } 20.2( , in the presence of:
Printed Name:
Anthony Couroupis·
Title:
Managing Director
Date: 8 \ \;;l.( 2 OJ,\
\ \
Signed for and on behalf of
The Staff of Lower Murray Water
Urban and Rural Water Corporation
741- 759 Fourteenth Street
Mildura Vic 3500
� Witness Signature
Full name (please print)
Signature: cX �
Printed Name: � M �'�-
Title: ::Sm� \SA-l:'.:kl r--J \. NG )ts--pt...�-::z._rvt,q-.}\ vz
Date: €:, \ )Z-) 2QZ.,\ -
In the presence of: [Signature]
Page No 121 of 122
Gbo2.,i,A- G1LM.DIZG .
C.l.
Signature of Delegate
GLORIA GILMORE TILV
LOWER MURRAY URBAN AND RURAL WATER CORPORATION ENTERPRISE AGREEMENT 2021
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Page No 122 of 122
Signed for and on behalf of Signature: ___________________________
Australian Municipal, Administration,
Clerical and Services Union (ASU) Printed Name: ___________________________
116 Queensberry Street
Carlton South Vic. 3053 Title: ___________________________
Date: ___________________________
In the presence of: [Signature] ___________________________
Signed for and on behalf of Signature: ___________________________
Community and Public Sector Union (CPSU)
Level 4 Printed Name: ___________________________
128 Exhibition Street
Melbourne Vic 3000 Title: ___________________________
Date: ___________________________
In the presence of: [Signature] ___________________________
Signed for and on behalf of Signature: ___________________________
APESMA,
152 Miller Street Printed Name: ___________________________
West Melbourne Vic 3003
Title: ___________________________
Date: ___________________________
In the presence of: [Signature] ___________________________
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LOWER MURRAY
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