1
Fair Work Act 2009
s.185—Enterprise agreement
Gippsland And Southern Rural Water Corporation T/A Southern Rural
Water
(AG2022/4490)
SOUTHERN RURAL WATER (SRW) ENTERPRISE AGREEMENT 2022
Water, sewerage and drainage services
COMMISSIONER HUNT BRISBANE, 16 NOVEMBER 2022
Application for approval of the Southern Rural Water (SRW) Enterprise Agreement 2022
[1] Gippsland And Southern Rural Water Corporation T/A Southern Rural Water (the
Employer) has applied for approval of an enterprise agreement known as the Southern Rural
Water (SRW) Enterprise Agreement 2022 (the Agreement). The application was made
pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise
agreement.
[2] The Fair Work Commission (the Commission) raised certain concerns regarding the
Agreement with the Employer, and as a result, the Employer has provided written
undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of
the Act, I sought the views of the bargaining representatives regarding the undertakings,
allowing a period of two business days from receipt of the undertakings to provide any views.
Of the bargaining representatives who provided views, none opposed the undertakings given
by the Employer.
[3] I am satisfied that the undertakings will not cause financial detriment to any employee
covered by the Agreement and that the undertakings will not result in substantial changes to
the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with
s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.
[4] I have taken into consideration the material filed in the Commission. Subject to the
undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187,
188 and 190 as are relevant to this application for approval have been met. The Agreement
does not cover all of the employees of the employer, however, taking into account s.186(3)
and (3A) I am satisfied that the group of employees was fairly chosen.
[5] The Australian Workers’ Union (the AWU) and the Community & Public Sector
Union (the CPSU) being bargaining representatives for the Agreement has given notice under
[2022] FWCA 4003
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
[2022] FWCA 4003
2
s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the
Act I note that the Agreement covers the AWU and CPSU.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
23 November 2022. The nominal expiry date of the Agreement is 9 March 2023.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE518182 PR747962
THE SEA NOISSI
TOR COMM THE
[2022] FWCA 4003
3
Annexure A – Undertakings
FWC Matter No.: AG2022/4490
Applicant: Southern Rural Water (SRW)
Section 185 -Application for approval of a single enterprise agreement
Undertaking - Section 190
I, Cameron FitzGerald, Managing Director for Southern Rural Water, have the authority
given to me by Southern Rural Water to give the following undertakings with respect to the
Southern Rural Water (SRW) Enterprise Agreement 2022 ("the Agreement"):
1. That clause 24.2 (b) of the Agreement be read as follows:
(b) For the purpose of this part of this Clause: Afternoon shift means any shift finishing after
6.00 p.m. and at or before midnight. Night shift means any shift finishing after midnight and
at or before 8.00 a.m.
2. Any Band A Level 1 part time or casual employee will be paid overtime at a rate of 150%
of the minimum hourly rate for the first two hours and 200% of the minimum hourly rate
thereafter for each occurrence of overtime worked Monday to Saturday (inclusive) . Overtime
worked on a Sunday will be paid at 200% of the minimum hourly rate.
3. That clause 15.4 (a) of the Agreement be read as follows:
a) A part-time employee is one who is engaged on a regular and continuing basis for less
than the ordinary hours of work (38 hours per week) - the number of hours being fixed and
constant and agreed by the employee and the SRW. Any variation to the hours of work must
be by agreement between the SRW and the part-time employee and recorded in writing.
SRW will roster a part-time employee for a minimum of 3 consecutive ordinary hours on any
shift. Any time worked in excess of agreed ordinary hours shall be paid in accordance with
clause 24.5. All entitlements of this Agreement will be received on a pro rata basis.
These undertakings are provided on the basis of issues raised by the Fair Work Commission
in the application before the Fair Work Commission.
CAMERON FITZGERALD
Managing Director
7 November 2022
~ 1300 139 510 ~ srw@srw.com.au S www.srw.com.au
~ Post Office Box 153 Maffra Victoria, 3860
Southern Rural Water 185 a - CAMERON FITZGERALD 1300 139 610 D- sw@srw.com.au www.erw.com.au 9Post Office Box 163 Maffra Victoria, 3880
l& Matter No. AG202244480 Apparent Southern Rural Water (SRWV) Gratinthe Application for approval ofa single enterprise agreement Undertaking. Section 190 lanad given to me by South I Water to gi undertakings with Interprise Agreement"). 1. That clause 24,2 0 (ox Forthe purpose 6:00 p.m. and at or beid ght Nici Mimeans any withinishing arer ator before 8.00 imidnightand of the minimum hour thereafter for each of day to Sa worked on a Sunday Tee paid at 200 hourly more. 3. That chevre 13.4 0 freemente follovist en A part-time ar and continuing basis for less han the ordinal ted constant and ag be by agreem riation to ti variation to the hours of woremust loyee and recorded in writing. onsecutive ordinary hours on any shall be paid in accordance with. livediene pro rata basis. weerundertaking ers fair Wark Commission Managing Director 7 November 2022 1300 139 510 sw@sw.com.au www.srw.com.au Post Office Box 153 Maffra Victoria, 3860
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SOUTHERN RURAL WATER
ENTERPRISE AGREEMENT 2022
Gippsland & Southern Rural Water Corporation
Trading as 'Southern Rural Water' (SRW)
ChowdhuryU
Undertaking
Page 2
Contents
PART 1 – APPLICATION AND OPERATION OF AGREEMENT .............................................................................................................. 6
1 TITLE ................................................................................................................................................................................. 6
2 OPERATION ...................................................................................................................................................................... 6
2.1. Duration .......................................................................................................................................................... 6
2.2. Coverage ......................................................................................................................................................... 6
2.3. Relationship to Previous Agreement and NES................................................................................................. 6
2.4. New Agreement .............................................................................................................................................. 6
3 DEFINITIONS ..................................................................................................................................................................... 6
4 AVAILABILITY .................................................................................................................................................................... 7
5 ANTI-DISCRIMINATION .................................................................................................................................................... 7
6 INDIVIDUAL FLEXIBILITY ARRANGEMENTS ....................................................................................................................... 8
7 RIGHT TO REQUEST FLEXIBLE WORKING ARRANGEMENTS ............................................................................................. 9
8 INDUSTRIAL / EMPLOYEE RELATIONS ............................................................................................................................ 10
PART 2 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION.................................................................................... 11
9 CONSULTATION AND EMPLOYEE CONSULTATIVE COMMITEE....................................................................................... 11
10 CONSULTATION - IMPLEMENTATION OF CHANGE ........................................................................................................ 11
10.1 Major Change ................................................................................................................................................ 11
10.2 Consultation on Changes to Rosters or Hours of Work ................................................................................ 12
11 DISPUTE RESOLUTION .................................................................................................................................................... 12
11.1. Disputes......................................................................................................................................................... 12
11.2. Obligations .................................................................................................................................................... 13
11.3. Agreement and dispute settlement facilitation ............................................................................................ 13
11.4. Discussion of dispute .................................................................................................................................... 13
11.5. Internal process ............................................................................................................................................. 13
11.6. Disputes of a collective character ................................................................................................................. 13
11.7. Conciliation ................................................................................................................................................... 14
11.8. Arbitration ..................................................................................................................................................... 14
11.9. Conduct of matters before FWC ................................................................................................................... 14
12. MISCONDUCT AND UNDERPERFORMANCE ................................................................................................................... 14
13. WORKLOAD .................................................................................................................................................................... 14
PART 3 - EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS ...................................................................................... 16
14. SECURE EMPLOYMENT .................................................................................................................................................. 16
15. CONTRACT OF EMPLOYMENT ........................................................................................................................................ 16
15.1. Engagement .................................................................................................................................................. 16
15.2. Usual Place of Work ...................................................................................................................................... 16
15.3. Full-time ........................................................................................................................................................ 16
15.4. Part-time ....................................................................................................................................................... 16
15.5. Part-time nine day fortnight .......................................................................................................................... 16
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15.6. Casual ............................................................................................................................................................ 16
15.7. Casual Conversion ......................................................................................................................................... 17
15.8. Limited tenure ............................................................................................................................................... 18
15.9. Notice of termination by SRW ....................................................................................................................... 18
15.10. Notice of termination by the employee ........................................................................................................ 18
15.11. Time off during notice period........................................................................................................................ 18
15.12. Redundancy................................................................................................................................................... 19
15.13. Home Based Work Arrangements ................................................................................................................. 19
PART 4 – SALARY AND RELATED MATTERS ..................................................................................................................................... 20
16. SIGN ON PAYMENT ........................................................................................................................................................ 20
17. SALARY ARRANGEMENTS ............................................................................................................................................... 20
18. JOB PERFORMANCE ....................................................................................................................................................... 20
19. JOB CLASSIFICATION ...................................................................................................................................................... 20
20. PAYMENT ....................................................................................................................................................................... 21
21. VARIATIONS TO PAY ....................................................................................................................................................... 21
22. BENEFITS ........................................................................................................................................................................ 21
22.1. Travel ............................................................................................................................................................. 21
22.2. Relocation ..................................................................................................................................................... 21
22.3. Protective clothing ........................................................................................................................................ 22
23. ALLOWANCES - Work or Conditions .............................................................................................................................. 22
23.1. First aid allowance ........................................................................................................................................ 22
23.2. Higher Duties ................................................................................................................................................. 22
23.3. Superannuation ............................................................................................................................................. 22
PART 5 – HOURS OF WORK AND RELATED MATTERS ..................................................................................................................... 23
24. HOURS OF WORK ........................................................................................................................................................... 23
24.1. Ordinary Hours .............................................................................................................................................. 23
24.2. Shift Work ..................................................................................................................................................... 23
24.3. Penalties to Apply ......................................................................................................................................... 23
24.4. Breaks ............................................................................................................................................................ 24
24.5. Overtime ....................................................................................................................................................... 24
24.6. Childcare ....................................................................................................................................................... 25
24.7. Annualised Salary with Overtime .................................................................................................................. 25
24.8. Excess travelling time .................................................................................................................................... 25
24.9. Standby ......................................................................................................................................................... 25
PART 6 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS .................................................................................................................... 26
25. LEAVE ENTITLEMENT...................................................................................................................................................... 26
25.1. Excess Leave .................................................................................................................................................. 26
25.2. Managing the excess portion of annual leave ............................................................................................... 26
25.3. Donating annual leave ................................................................................................................................... 26
25.4. Purchased leave ............................................................................................................................................ 26
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25.5. Time in lieu .................................................................................................................................................... 27
25.6. Broken Service............................................................................................................................................... 27
25.7. Unpaid recreation leave ................................................................................................................................ 27
25.8. Public Holidays .............................................................................................................................................. 27
25.9. Proportionate leave on termination ............................................................................................................. 27
26. PERSONAL / CARER’S LEAVE ........................................................................................................................................... 27
26.1. Amount of paid personal / carer’s leave ....................................................................................................... 27
26.2. Immediate family .......................................................................................................................................... 28
26.3. Documentary Evidence Requirements .......................................................................................................... 28
26.4. Use of accumulated personal / carer’s leave ................................................................................................ 29
26.5. Absence on public holidays ........................................................................................................................... 29
26.6. Unpaid personal leave ................................................................................................................................... 29
26.7. Personal / Carer’s leave at half pay ............................................................................................................... 29
26.8. Casual employees – Caring responsibilities and Compassionate Leave ........................................................ 29
27. COMPASSIONATE LEAVE ................................................................................................................................................ 30
28. PARENTAL LEAVE ............................................................................................................................................................ 30
28.1. Application .................................................................................................................................................... 30
28.2. Definitions ..................................................................................................................................................... 30
28.3. Summary of Parental Leave Entitlements ..................................................................................................... 31
28.4. Parental Leave – Primary Caregiver .............................................................................................................. 31
28.5. Parental Leave – Secondary Caregiver .......................................................................................................... 32
28.6. Pre Natal Leave ............................................................................................................................................. 32
28.7. Pre-adoption leave ........................................................................................................................................ 32
28.8. Permanent Care Leave .................................................................................................................................. 32
28.9. Grandparent Leave ........................................................................................................................................ 33
28.10. Continuing to work while pregnant .............................................................................................................. 33
28.11. Personal/Carer’s Leave ................................................................................................................................. 33
28.12. Transfer to a Safe Job .................................................................................................................................... 33
28.13. Special Parental Leave ................................................................................................................................... 33
28.14. Notice and evidence requirements ............................................................................................................... 33
28.15. Commencement of parental leave ................................................................................................................ 34
28.16. Single period of parental leave ..................................................................................................................... 34
28.17. Employee Couple – Concurrent Leave .......................................................................................................... 34
28.18. Parental Leave and Other Entitlements ........................................................................................................ 34
28.19. Keeping in touch days ................................................................................................................................... 34
28.20. Extending parental leave ............................................................................................................................... 35
28.21. Calculation of pay for the purposes of parental leave .................................................................................. 35
28.22. Half Pay ......................................................................................................................................................... 35
28.23. Commonwealth Paid Parental Leave ............................................................................................................ 35
28.24. Returning to Work ......................................................................................................................................... 35
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28.25. Consultation and Communication during Parental Leave............................................................................. 36
28.26. Extended Family Leave .................................................................................................................................. 36
28.27. Replacement Employees ............................................................................................................................... 36
29. FAMILY VIOLENCE LEAVE ............................................................................................................................................... 37
29.1. General Principle ........................................................................................................................................... 37
29.2. Definition of Family Violence ....................................................................................................................... 37
29.3. Eligibility ........................................................................................................................................................ 37
29.4. General Measures ......................................................................................................................................... 37
29.5. Leave ............................................................................................................................................................. 37
29.6. Individual Support ......................................................................................................................................... 37
30. PUBLIC HOLIDAYS ........................................................................................................................................................... 38
31. SPECIAL LEAVE ................................................................................................................................................................ 38
31.1. Court attendance .......................................................................................................................................... 38
31.2. Special sick leave ........................................................................................................................................... 38
31.3. Cultural and Ceremonial Leave ..................................................................................................................... 39
31.3.1. NAIDOC Week Leave ..................................................................................................................................... 39
31.3.2. Ceremonial leave........................................................................................................................................... 39
31.4. Leave to Engage in Voluntary Emergency Management Activities ............................................................... 39
31.5. Study Assistance ............................................................................................................................................ 40
32. LONG SERVICE LEAVE ..................................................................................................................................................... 40
32.1. Basic Entitlement .......................................................................................................................................... 40
32.2. Arrangements ............................................................................................................................................... 40
33. Occupational Health and Safety ................................................................................................................................................ 41
33.1. Workers compensation leave ........................................................................................................................ 41
34. COSTS OF EMPLOYMENT RELATED LEGAL EXPENSES .................................................................................................... 42
35. PROFESSIONAL INDEMNITY INSURANCE ........................................................................................................................ 42
36. FACILITIES AND EQUIPMENT .......................................................................................................................................... 42
ATTACHMENTS................................................................................................................................................................................ 43
Attachment 1 – SRW SALARY RATES 2018 - 2022 ........................................................................................................................... 43
Attachment 2 – classification band standards ................................................................................................................................ 44
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Southern Rural Water (SRW) Enterprise
Agreement 2022
PART 1 – APPLICATION AND OPERATION OF AGREEMENT
1 TITLE
This Agreement is the Southern Rural Water (SRW) Enterprise Agreement 2022.
2 OPERATION
2.1. Duration
This Agreement will commence operation seven (7) days after it is approved by Fair Work Commission, with a nominal
expiry date of 9 March 2023.
2.2. Coverage
This Agreement is made between:
a) The Gippsland & Southern Rural Water Corporation (SRW); and
b) All employees of SRW except for:
• Students employed on terms and conditions fixed by the Education and Training Reform Act 2006;
• Trainees;
• Any person employed in an executive position; and
• Members appointed to Boards under the Water Act 1989.
c) It is intended that on approval and subject to the requirements of section 183 of the Fair Work Act 2009 this
Agreement will also cover:
• The Community and Public Sector Union (CPSU); and
• The Australian Workers’ Union (AWU)
2.3. Relationship to Previous Agreement and NES
This Agreement replaces the Southern Rural Water (SRW) Enterprise Agreement 2017 and is to be read in conjunction
with the National Employment Standards (NES). Where there are matters in the NES which are not specifically included
in this Agreement then they shall apply to all employees covered by this Agreement. Where the NES provides
entitlements to employees which are more beneficial than those provided for in this Agreement then the provisions of
the NES shall apply to the extent of any inconsistency. No aspect of the NES will be reduced by this Agreement.
2.4. New Agreement
All parties covered by the Agreement agree that negotiations for a new Agreement will commence at least six months
before the nominal expiry date of the Agreement.
3 DEFINITIONS
a) “FW Act” means the Fair Work Act 2009 (Cth), as may be amended from time to time and any successor to that Act.
b) “CPSU” shall mean the Community and Public Sector Union.
c) “AWU” shall mean the Australian Workers Union.
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d) “Unions” shall mean both the CPSU and AWU.
e) “SRW” shall mean the Gippsland and Southern Rural Water Corporation trading as Southern Rural Water.
f) A “Casual Employee” means an Employee who is engaged intermittently for work of an unexpected or casual
nature, and does not include an Employee who could properly be classified as a full-time or part-time Employee.
g) A “Shift Worker” for the purposes of the NES means an employee who works a roster and who, over the roster
cycle, may be rostered to work ordinary shifts on any of the seven days of the week, outside the ordinary hours
specified in clause 24, and who is regularly rostered to work on Sundays and public holidays.
h) “Annualised standard all-purpose rate” shall include base salary plus all future rostered allowance entitlements for
the next 12 month period including rostered shift and weekend penalties, standby events, and public holiday
penalties. This all-purpose rate will become the ordinary rate of pay for all purposes. Overtime is not included
within this standard definition - refer to the ‘Overtime’ clause for further subject detail including the option to
include an element of overtime as an annualised item.
i) “Recent operational practice” means the current flexible work arrangements and practices that have been
implemented in consultation with the employee(s).
j) “Leave” shall mean leave without loss of ordinary pay unless specified as leave without pay.
k) “Ordinary rate of pay” shall mean the single time rate of pay prescribed for work being performed in accordance
with the classification.
l) “Penalties” shall mean all the allowances provided by the penalties subclause of the hours of work clause, but
exclude the higher duties and annual leave loadings provided by this Agreement.
m) “Standby” shall mean employee responsibility for being immediately contactable and to initiate the appropriate
response and proactively monitor and action SRW operational systems. Employees must be fit and capable to be
recalled to work to perform duties.
n) “FWC” refers to Fair Work Commission.
4 AVAILABILITY
a) Copies of this Agreement shall be kept in an easily accessible place within each place of business and be available
for inspection at any time by persons subject to it.
5 ANTI-DISCRIMINATION
a) It is the intention of the Parties covered by this Agreement to achieve the principal object in section 336(c) of the
FW Act through respecting and valuing the diversity of the workforce by helping to prevent and eliminate
discrimination on the basis of race, colour, sex, sexual orientation, gender expression, age, physical or mental
disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction
or social origin.
b) Accordingly, in fulfilling their obligations under the procedures in clause 11 (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.
c) Nothing in this clause is to be taken to affect:
I. any different treatment (or treatment having different effects) which is specifically exempted under
the Commonwealth anti-discrimination legislation;
II. an Employee, SRW or Union pursuing matters of discrimination in any State or Federal jurisdiction,
including by application to the Australian Human Rights Commission; or
III. 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.
d) SRW will act in accordance with its obligations under:
I. the Equal Opportunity Act 2010 (Vic); and
II. the Victorian Charter of Human Rights and Responsibilities.
e) These obligations apply to SRW but do not form part of the Agreement.
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6 INDIVIDUAL FLEXIBILITY ARRANGEMENTS
a) An Employee and SRW may enter into an individual flexibility arrangement pursuant to this clause in order to meet
the genuine needs of both the Employee and SRW. An individual flexibility arrangement must be genuinely agreed
to by the Employee and SRW.
b) An individual flexibility arrangement may vary the effect of one or more of the following matters of this Agreement:
I. Clause 15.13 – Home Based Work Arrangements
II. Clause 17 – Salary Arrangements
III. Clause 24 – Hours of Work
c) An Employee may nominate a representative to assist in negotiations for an individual flexibility arrangement.
d) SRW must ensure that the terms of the individual flexibility arrangement:
I. are about permitted matters under section 172 of the FW Act; and
II. are not unlawful terms under section 194 of the FW Act; and
III. result in the Employee being better off overall than the Employee would be if no arrangement was
made.
e) SRW must ensure that an individual flexibility arrangement is in writing and signed by the Employee and SRW. If the
Employee is under 18, the arrangement must also be signed by a parent or guardian of the Employee.
f) SRW must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to.
g) SRW must ensure that any individual flexibility arrangement sets out:
I. which terms of this Agreement will be affected or varied by the individual flexibility arrangement;
II. how the individual flexibility arrangement will vary or affect the terms of this Agreement;
III. how the Employee will be better off overall in relation to the terms and conditions of his or her
employment as a result of the individual flexibility arrangement;
IV. the day on which the individual flexibility arrangement commences; and
V. provides for the individual flexibility arrangement to be terminated:
i. by either the Employee or SRW giving a specific period of written notice, with the specified period
being not more than 28 days; and
ii. at any time by written agreement between the Employee and SRW.
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7 RIGHT TO REQUEST FLEXIBLE WORKING ARRANGEMENTS
a) In accordance with and pursuant to section 65 of the FW Act, an Employee may request a change in their
working arrangements on the basis of the following circumstances:
I. the employee is the parent, or has responsibility for the care, of a child who is of school age or
younger;
II. the employee is a carer (within the meaning of the Carer Recognition Act 2010);
III. the employee has a disability;
IV. the employee is 55 or older;
V. the employee is experiencing violence from a member of the employee’s family;
VI. the employee provides care or support to a member of the employee’s immediate family, or a
member of the employee’s household, who requires care or support because the member is
experiencing violence from the member’s family.
Note: Examples of changes in working arrangements include changes in hours of work, changes in patterns of
work and changes in location of work.
b) To avoid doubt, and without limiting clause 7 (a) an Employee who:
I. is a parent, or has responsibility for the care, of a child; and
II. is returning to work after taking leave in relation to the birth or adoption of the child;
may request to work part-time to assist the Employee to care for the child.
c) An Employee is not entitled to make a request under this clause unless:
I. for an Employee other than a casual Employee – the Employee has completed at least 12 months of
continuous service with SRW immediately before making the request; or
II. for a casual Employee – the Employee:
i. is a long term casual Employee of SRW immediately before making the request; and
ii. has a reasonable expectation of continuing employment by SRW on a regular and systematic
basis.
d) A request made under this clause must be made in writing and set out details of the change sought and the
reasons for the change.
e) On receipt of a request by an Employee under this clause, SRW must give the Employee a written response
within 21 days, stating whether SRW grants or refuses the request.
f) SRW may only refuse the request on reasonable business grounds.
g) Without limiting what are reasonable business grounds for the purposes of clause 7(f), reasonable business
grounds include the following:
I. that the new working arrangements requested by the Employee would be too costly for SRW;
II. 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 SRW;
III. 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;
IV. that the new working arrangements requested by the Employee would be likely to result in a
significant loss in efficiency or productivity;
V. that the new working arrangements requested by the employee would be likely to have a significant
negative impact on customer service.
h) If SRW refuses the request, the written response under clause 7(f) must include details of the reasons for the
refusal.
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8 INDUSTRIAL / EMPLOYEE RELATIONS
a) A Union Delegate shall be released by SRW from normal duties for such periods of time as may be reasonably
necessary to enable him or her to carry out representative functions including, but not limited to, investigating any
alleged breach of this Agreement, endeavouring to resolve any dispute arising out of the operation of this
Agreement, participating in any bargaining, conciliation or arbitration process conducted under the provisions of
the FW Act.
b) Union Delegates shall be permitted by SRW to reasonable access to electronic communication devices to facilitate
communication between employees and / or union and the Unions, provided that such communication is not
offensive or improper.
c) A union member may post written material authorised by a Union on a Union notice board provided by SRW at each
office location to which employees have convenient access, and to distribute such written material by appropriate
means to employees. Material posted and authorised by the union will not be tampered with.
d) In order to encourage cooperative workplace relations and facilitate the operation of this Agreement, an Employee
who has been nominated by a Union and has been accepted by a training provider to attend a designated trade
union training course may be granted up to five days leave on full pay in any one calendar year, so long as the
granting of such leave does not unduly effect the operations of SRW.
e) SRW may grant a further five days paid leave per year, where SRW is satisfied the course of training is likely to
contribute to a better understanding of industrial relations, occupational health and safety, safe work practices,
knowledge of award and other industrial entitlements and the upgrading of Employee skills in aspects of trade
union functions.
f) An employee upon election as a health and safety representative shall be granted up to five days paid leave as soon
as practicable after election, to undertake an introductory health and safety representatives course, having regard
to course places and SRW’s operations.
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PART 2 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION
9 CONSULTATION AND EMPLOYEE CONSULTATIVE COMMITEE
a) Management and staff will maintain a workplace consultative committee.
b) The SRW Employee Consultative Committee (ECC) has developed its terms of reference and charter to promote
effective communication and harmonious relations between SRW and employees covered by this Agreement and to
provide a forum to discuss and resolve issues.
c) The Committee works on the basis of consensus and if there is a deadlock the problem solving processes in dispute
resolution (Clause 11) shall apply.
d) The Committee consists of management and elected staff and union representatives, or other employee
representatives.
e) Consultation in regard to any significant change impacting upon a work group will follow the process outlined in the
‘Implementation of Change’ clause. Resolution of issues will also follow the dispute resolution (Clause 11)
processes.
f) SRW will provide a notice board upon which notices authorised by SRW may be posted. Unauthorised notices
posted on the notice board may be removed.
10 CONSULTATION - IMPLEMENTATION OF CHANGE
10.1 Major Change
a) Where SRW 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, SRW will advise:
I. the relevant Employees, the relevant Union covered by this Agreement, and any other representative
nominated by a relevant employee of the proposed change as soon as practicable after the proposal
has been made.
II. the relevant Employees, the relevant Union covered by this Agreement, and any other representative
nominated by a relevant employee of the likely effects on the Employees’ working conditions and
responsibilities.
III. of the rationale and intended benefits of any change, including improvements to productivity, if
applicable.
b) For the purpose of this clause, a major change is likely to have a significant effect on Employees if it results in:
I. the termination of the employment of Employees;
II. major change to the composition, operation or size of SRW’s workforce or to the skills required of
Employees;
III. the elimination or diminution of job opportunities (including opportunities for promotion or
tenure);
IV. the alteration of hours of work;
V. the need to retrain Employees;
VI. the need to relocate Employees to another workplace;
VII. the restructuring of jobs.
c) Relevant employees means the Employees who may be affected by a change referred to in subclause a). SRW will:
I. regularly consult with relevant Employees, the relevant Union covered by this Agreement, and any
other representative nominated by a relevant employee; and
II. give prompt consideration to matters raised by the Employees, or the relevant Union covered by this
Agreement and any other representative nominated by a relevant employee; and
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III. where appropriate provide training for the Employees to assist them to integrate successfully into the
new structure.
d) In accordance with this clause, the relevant Employees, the relevant Union covered by this Agreement and any
other representative nominated by a relevant Employee may submit alternative proposals which will meet the
indicated rationale and benefits of the proposal.
I. Such alternative proposals must be submitted in a timely manner so as not to lead to an unreasonable
delay in the introduction of any contemplated change.
II. If such a proposal is made SRW must give considered reasons to the affected Employees, the relevant
Union covered by this Agreement, and any other representative nominated by a relevant employee if
SRW does not accept its proposals.
e) Any dispute concerning the Parties’ obligations under this clause shall be dealt with in accordance with clause 11
(Dispute Resolution).
10.2 Consultation on Changes to Rosters or Hours of Work
a) This clause applies if SRW proposes to introduce a change to the regular roster or ordinary hours of work of
Employees.
b) SRW must notify the relevant Employees of the proposed change.
c) The relevant Employees may appoint a representative for the purposes of the procedures in this clause. If:
I. a relevant Employee appoints, or relevant employees appoint, a representative for the purposes of
consultation; and
II. the Employee or Employees advise SRW of the identity of the representative;
SRW must recognise the representative.
d) As soon as practicable after proposing to introduce the change, SRW must:
I. discuss with the relevant Employees the introduction of the change; and
II. 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 SRW reasonably believes will be the effects of the change on the
Employees; and
iii. information about any other matters that SRW reasonably believes are likely to affect the
Employees; and
iv. 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) However, SRW is not required to disclose confidential or commercially sensitive information to the relevant
Employees.
f) SRW must give prompt and genuine consideration to matters raised about the change by the relevant
Employees.
g) In this term relevant Employees means the employees who may be affected by the proposed introduction
of a change to the regular roster or ordinary hours of work of employees.
11 DISPUTE RESOLUTION
11.1. Disputes
a) Unless otherwise provided for in this Agreement, a dispute about a matter arising under this Agreement or the
National Employment Standards, other than termination of employment, must be dealt with in accordance
with this clause. This includes a dispute about whether SRW had reasonable grounds to refuse a request for
flexible working conditions under Clause 7 or an application to extend unpaid parental leave under Clause 27(t)
32.
b) For the avoidance of doubt, this clause does not apply to any dispute on a matter or matters arising in the
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course of bargaining in relation to a proposed Agreement.
c) SRW or an employee covered by this Agreement may choose to be represented at any stage by a
representative, including SRW or employee organisation.
11.2. Obligations
a) The parties to the dispute, and their representatives, must genuinely attempt to resolve the dispute through
the processes set out in this clause and must cooperate to ensure that these processes are carried out
expeditiously.
b) Whilst a dispute is being dealt with in accordance with this clause, work must continue in accordance with usual
practice, provided that this does not apply to an employee who has a reasonable concern about an imminent
risk to their health or safety, has advised SRW of their concern and has not unreasonably failed to comply with
a direction by SRW to perform other available work that is safe and appropriate for the employee to perform.
c) No person covered by the Agreement will be prejudiced as to the final settlement of the dispute by the
continuance of work in accordance with this clause.
11.3. Agreement and dispute settlement facilitation
a) For the purposes of compliance with this Agreement (including compliance with this dispute procedure) where
the chosen employee representative is another employee of SRW, he/she must be given reasonable
opportunity to enable her/him to represent employees concerning matters pertaining to the employment
relationship including but not limited to:
I. investigating the circumstances of a dispute or an alleged breach of this Agreement or the National
Employment Standards;
II. endeavouring to resolve a dispute arising out of the operation of the Agreement or the National
Employment Standards; or
III. participating in conciliation, arbitration or agreed alternative dispute resolution process.
b) Any release from normal duties is subject to the proviso that it does not unduly affect the operations of SRW.
11.4. Discussion of dispute
a) The dispute must first be discussed by the aggrieved employee(s) with the immediate supervisor of the
employee(s).
b) If the matter is not settled, the employee(s) can require that the matter be discussed with another
representative of SRW appointed for the purposes of this procedure.
11.5. Internal process
a) If any party to the dispute who is covered by the Agreement refers the dispute to an established internal
dispute resolution process, the matter must first be dealt with in accordance with that process, provided that
the process is conducted in a timely manner and it is consistent with the following principles:
I. the rules of natural justice;
I. appropriate mediation or conciliation of the dispute is provided;
II. any views on who should conduct the review shall be considered by SRW; and
III. the process is conducted as quickly, and with as little formality, as a proper consideration of the matter
allows.
b) If the dispute is not settled through an internal dispute resolution process, a party to the dispute may refer the
dispute to FWC for conciliation and if the matter remains unresolved, arbitration.
11.6. Disputes of a collective character
a) The parties covered by the Agreement acknowledge that disputes of a collective character concerning more
than one employee may be dealt with more expeditiously by an early reference to FWC.
b) No dispute of a collective character may be referred to FWC directly unless there has been a genuine attempt
to resolve the dispute at the workplace level prior to it being referred to FWC for conciliation.
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11.7. Conciliation
a) Where a dispute is referred for conciliation, a member of FWC may arrange for whatever process the member
considers may assist in resolving the dispute to occur.
b) Conciliation before FWC shall be regarded as completed when:
I. the parties to the dispute have informed the FWC member they have reached agreement on the
settlement of the dispute; or
II. the member of FWC conducting the conciliation has, either of their own motion or after an application
by either party, satisfied themselves that there is no likelihood that within a reasonable period, further
conciliation will result in a settlement; or
III. the parties to the dispute have informed the FWC member that there is no likelihood of agreement on
the settlement of the dispute.
11.8. Arbitration
a) If the dispute has not been settled when conciliation has been completed, either party to the dispute may
request that FWC proceeds to determine the dispute by arbitration.
b) Where a member of FWC has exercised conciliation powers in relation to the dispute, the member shall not
exercise, or take part in the exercise of, arbitration powers in relation to the dispute if a party to the dispute
objects to the member doing so.
c) Subject to sub clause 11.9. (a) below, the determination of FWC is binding upon the persons covered by this
Agreement.
d) An appeal lies to a Full Bench of FWC, with the leave of the Full Bench, against a determination of a single
member of FWC made pursuant to this clause.
11.9. Conduct of matters before FWC
a) Subject to any agreement between the parties to the dispute in relation to a particular dispute and the
provisions of this clause, in dealing with a dispute through conciliation or arbitration, FWC may conduct the
matter in accordance with Subdivision B of Division 3 of Part 5-1 of the FW Act.
12. MISCONDUCT AND UNDERPERFORMANCE
a) SRW is committed to providing a fair and consistent approach to managing disciplinary and corrective action
across the organisation for unsatisfactory performance, behaviour or misconduct as described in the SRW
Discplinary Guidelines.
b) SRW is committed to consulting with the Employee Consultative Committee any changes made to the SRW
Disciplinary Guidelines.
c) SRW 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:
I. the right to a fair hearing including adequate notice of what is alleged and a reasonable opportunity to
respond to allegations.
II. the right to an unbiased process of judgement.
III. the right to representation, including union representation, at any stage throughout the process, so long
as this does not lead to an unreasonable delay.
IV. disputes arising from a process under the SRW Discplinary Guidelines will be managed accordance with
Clause 11.
13. 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 SRW to address the staff concerns.
b) The request must be made in writing and set out details of the workload of the Employee or group of
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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, SRW must notify a HSR and
give the Employee a written response within 21 days, stating whether SRW agrees to or refuses the request.
d) If SRW refuses the request for a review, the written response must include details of the reasons for the
refusal.
e) If RW 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 SRW 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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PART 3 - EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS
14. SECURE EMPLOYMENT
a) SRW will give preference to ongoing forms of employment over casual and fixed term arrangements wherever
possible.
15. CONTRACT OF EMPLOYMENT
15.1. Engagement
a) SRW shall provide all employees with a position description which shall contain all information relevant to the
duties and responsibilities of their positions. At the time of engagement, the employee shall provide a written
statement of his/her usual place of residence and telephone contact.
b) The employee shall inform SRW in writing of any subsequent change of his/her usual place of residence and
telephone contact.
15.2. Usual Place of Work
a) SRW must determine a usual place or places of work for the Employee. The starting place of work is to be
documented in the employee’s letter of offer.
15.3. Full-time
a) A full-time employee is one who is engaged on a regular and continuing basis to work the ordinary hours of
work, as prescribed in clause 23.1(a), averaging 38 hours per week.
15.4. Part-time
a) A part-time employee is one who is engaged on a regular and continuing basis for less than the ordinary hours
of work - the number of hours being fixed and constant. All entitlements of this Agreement will be received on
a pro rata basis.
15.5. Part-time nine day fortnight
a) Where operational requirements permit, employees in agreement with their manager may work a nine day
fortnight arrangement provided that:
I. On a nine day fortnight arrangement, the employee would have to work 72 ordinary hours over nine
days. These hours must be worked between the normal span of ordinary hours, i.e. between 6:00am
and 6.00pm.
II. Employees understand that their desired work pattern may not always be able to be accommodated
under such arrangement as Managers will need to determine manageability of workloads and
resource planning around the employee's request to work a nine day fortnight arrangement.
III. Requests for working a nine day fortnight will not ordinarily be refused, except that SRW may refuse
such requests based on operational and business grounds. Operational and business grounds include
an impact on customer service and/or the workload of other employees.
15.6. Casual
a) A casual employee is one who is engaged to perform work for the purpose of meeting particular and short term
needs of SRW. A casual employee is appointed by SRW to work on a casual basis as set out in their letter of
offer.
b) A casual employee shall be ready, willing and available to work such hours as are required from time to time by
SRW, provided that the minimum number of hours worked on any one day shall be three.
c) A casual employee will be paid, in addition to the ordinary hourly rate and rates payable for shift and weekend
work on the same basis as a full-time employee, an additional loading of 25% of the ordinary hourly rate for the
classification in which they are employed as compensation instead of paid leave under this Agreement and the
NES.
d) Penalties (including public holiday penalties) and overtime for casual employees will be calculated on the
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ordinary hourly rate for the classification in which they are employed exclusive of the casual loading.
15.7. Casual Conversion
a) A person engaged by SRW 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 over a calendar period of at least 12 months 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 an average of 38 or more hours a week in the period of 12 months’
casual employment may request to have their employment converted to full-time employment.
d) A regular casual employee who has worked an average of less than 38 hours a week in the period of 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 this subclause must be in writing and provided to SRW.
f) Where a regular casual employee seeks to convert to full-time or part-time employment, SRW 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 may include that:
I. 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
award –that is, the casual employee is not truly a regular casual as defined in paragraph (b) above;
II. it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist
within the next 12 months;
III. 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 12 months; or
IV. 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 12 months which cannot
be accommodated within the days and/or hours during which the employee is available to work; or
V. any other reasonable business ground.
h) Where SRW refuses a regular casual employee’s request to convert, SRW must provide the casual employee
with SRW’s reasons for refusal in writing within 21 days of the request being made. If the employee does not
accept SRW’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution
procedure in clause 11. Under that procedure, the employee or SRW may refer the matter to the FWC if the
dispute cannot be resolved at the workplace level.
i) Where it is agreed that a casual employee will have their employment converted to full-time or part-time
employment as provided for in this clause, SRW and employee must discuss and record in writing the form of
employment to which the employee will convert–that is, full-time or part-time employment.
j) The date from which the conversion will take effect is the commencement of the next pay cycle following such
agreement being reached unless otherwise agreed.
k) 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 SRW.
l) A casual employee must not be engaged and/or re-engaged (which includes a refusal to re-engage), or have his
or her hours reduced or varied, in order to avoid any right or obligation under this clause.
m) Nothing in this clause obliges a regular casual employee to convert to full-time or part-time employment, nor
permits SRW to require a regular casual employee to so convert.
n) Nothing in this clause requires SRW to increase the hours of a regular casual employee seeking conversion to
full-time or part-time employment.
o) SRW must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions
of this subclause within the first 12 months of the employee’s first engagement to perform work.
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p) A casual employee’s right to convert is not affected if SRW fails to comply with the requirement in paragraph
(o).
q) This clause does not cover or provide any right to a person who is a casual on-hire employee while engaged in
the performance of work for SRW who supplies labour on an on-hire basis.
15.8. Limited tenure
a) A limited tenure employee is one engaged for a specified project. The period of engagement shall be stated in
the letter of appointment and may be full-time or part-time employment.
b) The use of limited tenure positions is designed to meet a specific and finite need such as to:
I. replace staff proceeding on approved leave; or
II. meet fluctuating client and staffing needs and unexpected increased workloads; or
III. undertake a specific, but finite task or project; or
IV. fill a vacancy resulting from an employee undertaking a temporary assignment or secondment
elsewhere within SRW or another organisation; or
V. meet seasonal work requirements.
15.9. Notice of termination by SRW
a) In order to terminate the employment of an employee other than a casual, SRW shall give a minimum of four
weeks’ notice to the employee. An additional one week for employees over the age of 45 years and who have
completed at least two years’ service shall apply.
b) Payment in lieu of notice 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 his or her employment not been
terminated shall be used.
d) The period of notice in this clause shall not apply in case of dismissal for serious or willful misconduct or in the
case of casual employees or employees engaged for a specific period.
e) If a staff member is absent for more than 20 working days:
I. in circumstances where SRW could not reasonably, after due enquiry, have been aware of any
reasonable grounds for the absence; and
II. without the permission of SRW; and
III. without contacting SRW to provide an explanation for the absence
SRW is entitled to terminate the employee’s employment. If SRW decides to terminate the employee’s
employment, the employee shall be entitled for payment in lieu of notice of termination in accordance with
clause 15.9 (a). This provision will not disadvantage the entitlement the employee would receive under the
termination clause or NES.
15.10. Notice of termination by the employee
a) The notice of termination to be given by an employee shall be at least two weeks.
b) Subject to financial obligations imposed on SRW by any Act, if an employee fails to give notice, SRW shall have
the right to withhold monies due to the employee with a maximum amount equal to the ordinary time rate of
pay for the period of notice not worked.
15.11. Time off during notice period
a) Where SRW has given notice of termination to an employee, the employee shall be allowed up to one day's
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 SRW.
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15.12. Redundancy
a) The Victorian Government’s policy in relation to public sector redundancy as set out in the Public Sector
Industrial Relation Policies 2015 or its successor will apply. This policy does not form part of this Agreement.
15.13. Home Based Work Arrangements
a) The Flexible Working Arrangements clause 6 outlines the range of leave and flexible working arrangements
available at SRW to attract and retain staff; to provide flexibility in meeting business needs; and to assist staff
to manage their work and personal responsibilities.
b) SRW will create a policy to set out the guidelines and procedures to be followed when considering a working
from home arrangement. The opportunity to work from home is not an entitlement or a right.
c) Home based work arrangements may be agreed between SRW and an Employee on a case by case basis.
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PART 4 – SALARY AND RELATED MATTERS
16. SIGN ON PAYMENT
a) No sign on payment will be payable upon the approval of this agreement.
17. SALARY ARRANGEMENTS
a) The annual base salary rates payable to employees who are ready willing and able to work in classifications covered
by this Agreement are listed in the ‘Classification Levels and Salary Rates Schedule’ (Attachment 1).
b) There will be a 2.0% pay increase on 10 March 2022. No further increases are payable under the agreement.
c) An employee may, in writing, request of his / her manager the provision of an ‘annualised standard all-purpose rate’
to include all permanent penalties and allowances for any agreed roster. Such permanent penalties and allowances
for the agreed roster which will be commuted, and one ‘annualised standard all-purpose rate’ will be established for
each employee. Where an employee elects for an element of overtime to be included in this calculation there will
be no additional payments made to the employee above this rate. Any changes to roster arrangements will require
a re-calculation of a new rate for the employee(s) concerned. SRW offer and employee acceptance must be in
writing.
d) The ‘annualised standard all-purpose rate’ 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 salary is paid (or if the employment
ceases earlier over such lesser period as has been worked).
e) The ‘annualised standard all-purpose rate’ of the employee must be reviewed by the employer at least annually to
ensure that the compensation is appropriate having regard to the Agreement provisions which are satisfied by the
payment of the ‘annualised standard all-purpose rate’. If a shortfall is identified the employees will be repaid that
amount in the next pay period.
f) For overnight work commitments, SRW will either provide transport, accommodation and meals, or will reimburse
reasonable actual costs incurred by the employee on production of receipts. Ten hour break daily conditions and
higher function entitlements will continue to apply.
g) An employee(s) classification level will be determined by the requirements of the position and where the position
fits within the Classification Benchmark Band Standards (Attachment 1).
h) Salary administration and the calculation of the annualised all-purpose rate shall be in accordance with custom and
operational practice.
i) The parties agree that employees may elect to, and with the agreement of SRW, enter into more flexible
remuneration packaging arrangements, including but not limited to annualised salaries and salary sacrifice of
benefits. If the terms of such flexible remuneration arrangements, considered as a whole, result in the employees
being better off overall, the arrangements shall prevail over the relevant specific provisions in this Agreement.
Disputes over the implementation of these arrangements shall be dealt with by the agreed dispute resolution
process.
18. JOB PERFORMANCE
a) SRW may direct employees to:
I. Perform work in accordance with the position description provided that such work is within the employee's
skill, competence and training and that work is not designed to promote deskilling.
II. Undertake appropriate training as required by SRW.
III. Perform a wider range of functions including work which is incidental or peripheral to their main functions
and use such tools and equipment as may be required provided that the employees have been properly
trained in the use of such tools and equipment so long as the work is within the employee’s classification.
19. JOB CLASSIFICATION
a) The classification of each job shall be based upon the approved job specification for the position and a comparison
Page 21
with the benchmark standards.
b) All positions above pay level 13 will attract a competitive salary package negotiated at the time of appointment.
c) All new employees will be provided with a training and progression plan, and advised of the maximum pay level for
their job at the time of their appointment.
d) Employees shall commence employment in each Band at level one provided that SRW may decide that an employee
may commence above pay level 1 if suitably qualified and/or experienced.
e) Progression from one level to the next within each Band is not automatic, but employees shall be eligible for
progression each twelve months upon the achievement of all of the following:
I. Acquisition and satisfactory utilisation of new or enhanced skills which are required by SRW; and
II. Meeting established performance objectives, including the satisfactory completion of training modules;
and
III. Demonstrated competency and satisfactory service over a minimum period of twelve months at each level
within the Band.
20. PAYMENT
a) Employees shall be paid fortnightly by electronic funds transfer to an account nominated by the employee on the
same day of each fortnight, except where that day falls on a Public Holiday, when payment shall be made on the
previous working day.
b) The fortnightly rate shall be calculated by dividing the annual rate by 26.0893.
c) The hourly rate shall be calculated by dividing the fortnightly rate by 76.
d) In the case of part-time employees, the fortnightly rate shall be the hourly rate multiplied by the fixed hours of
duty.
e) Employees shall be paid on the basis of an average 76 hour fortnight so as to avoid fluctuating wage payments
where an employee’s ordinary hours of work may be more or less than 76 in any particular fortnight of the work
cycle.
f) Employees proceeding on a period of paid leave of at least five working days shall, upon request four weeks in
advance, receive payment for the leave period prior to commencing the leave.
21. VARIATIONS TO PAY
a) Employees shall receive any additions to their ordinary pay not later than two pays after the event.
b) Deductions from pay for recovery of overpayments shall not be made until the employee has been advised in
writing and shall not exceed eight ordinary hours pay per fortnight unless the employee has agreed.
22. BENEFITS
22.1. Travel
a) Employees who are authorised to use their private (comprehensively insured, registered and roadworthy) vehicle to
travel in the performance of their job or to work at a location other than their normal office or depot shall be
reimbursed at the published ATO rate for kilometres travelled.
b) Employees who are required by SRW to occupy a particular residence owned by SRW as part of their position
description and contact of employment shall pay to the Corporation 6% of their ordinary rate plus $13.25 per
fortnight. Allowances will be increased as at 30 June each year in accordance with the percentage increase of the
‘domestic holiday travel and accommodation’ component in the Consumer Price Index catalogue number 6401.0.
22.2. Relocation
a) Employees who are required to relocate as a result of the needs of SRW shall be reimbursed the actual and
reasonable cost of removal, and the depreciation of furniture and fittings.
b) SRW may agree that an employee who sells a residence at the old location be reimbursed for the actual and
reasonable costs of: legal expenses; estate agents commission; advertising costs; stamp duty and registration fees,
Page 22
compensation for market differentials and other relevant costs.
c) SRW may agree that the employee who purchases a residence at the new location be reimbursed the actual and
reasonable costs of: legal expenses; valuation fees; stamp duty; registration fees, compensation for market
differentials and other relevant costs.
d) SRW may agree that an employee who is unable to obtain a suitable residence at the new location be reimbursed
the actual and reasonable costs of temporary accommodation and meals at the new location.
22.3. Protective clothing
a) SRW shall reimburse the cost incurred by employees in purchasing protective clothing and uniforms where their
duties necessitate such use, except where such clothing or uniforms are supplied by SRW.
23. ALLOWANCES - WORK OR CONDITIONS
23.1. First aid allowance
a) Where an employee who holds an appropriate first aid qualification is appointed by SRW to perform first aid
duty they will be paid an additional weekly allowance of 65% of Band A, Level 1 hourly rate.
b) This clause will not apply where the requirement to hold a first aid certificate is a requirement of the position.
c) Where an employee responds to a critical first aid incident they will be paid a one off payment of $150.
23.2. Higher Duties
a) Where an Employee is required by SRW to perform the duties of another Employee in a higher classification
under this Agreement, for a period of one (1) single day or more, that Employee will receive a higher duties
allowance.
b) The allowance will be paid at a rate no less than the minimum rate prescribed for the salary classification
applying to the Employee whose duties they are performing, for the duration of the temporary period they
perform the higher duties.
c) Where an Employee has been acting in a higher classification continuously for three months or more and in
receipt of this allowance and takes annual leave, that leave will be paid at the higher rate, provided the
substantive position holder remains unavailable to fill the position.
d) When an Employee is required by SRW to perform the duties described in the Corporate Incident Management
Plan (CIMP) for a period of three (3) consecutive working days or more, that Employee will be paid at a rate no
less than the minimum rate prescribed for the salary classification applying to the CIMP role description.
23.3. Superannuation
a) Upon engagement, an employee shall be required by SRW to nominate a complying superannuation fund. SRW
shall contribute SRW superannuation as required by the Superannuation Guarantee (Administration) Act 1992
(Cth).
b) The employee may choose that his or her superannuation funds be paid to a complying fund as currently used
and paid into by SRW.
c) Where an employee does not wish to choose a Superannuation fund then the default scheme will be an
industry superannuation fund.
d) Further it is agreed that members of the Government superannuation defined benefit fund may make salary
sacrifice contributions to such scheme in accordance with fund procedures and related Ministerial approval.
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PART 5 – HOURS OF WORK AND RELATED MATTERS
24. HOURS OF WORK
24.1. Ordinary Hours
a) The ordinary hours of work for full-time employees of work shall be 152 hours per each 28 calendar days and shall
be rostered flexibly between the hours of 6.00 a.m. and 6.00 p.m., Monday to Friday which is the normal span of
ordinary hours of work, provided that these hours shall be at least six and not more than twelve each day and are to
be worked continuously.
b) An employee may work up to a maximum of 10 ordinary hours on any day (excluding unpaid meal breaks) or, by
agreement between SRW and employee, up to a maximum of 12 ordinary hours on any day.
c) The roster of ordinary hours, including the commencing time, the meal break time and the number of hours to be
worked on each day, the roster of days and the number of days to be worked each four weeks, shall be established
by agreement between SRW and the majority of employees in the section concerned and may be further varied by
agreement between these parties.
d) Employees shall record their hours of work in fifteen minute periods to the nearest fifteen minutes.
e) SRW and the employee may agree to a system of more flexible working hours in which a roster is not developed.
24.2. Shift Work
a) A shift worker’s roster cycle will provide for an average of 38 ordinary hours over a period not exceeding eight
weeks.
b) For the purpose of this part of this Clause: Afternoon shift means any shift finishing after 6.00 p.m. and at or before
midnight. Night shift means any shift finishing after midnight and at or before 6.00 a.m.
24.3. Penalties to Apply
a) Where the ordinary work cycle of an employee requires the employee to perform ordinary hours of work on an
afternoon or night shift on a Monday to Friday, or on a Saturday or Sunday or Public Holiday, the employee shall be
paid the allowances specified below.
b) Employees required to perform afternoon or night work shall be paid an allowance at the rate of an additional 30%
of the ordinary hourly rate for each hour of work performed.
c) Employees required to perform ordinary hours on a Saturday (excluding a public holiday) shall be paid an allowance
at the rate of an additional 50% of the ordinary hourly rate for each hour of work performed.
d) Employees required to perform ordinary hours on a Sunday (excluding a public holiday) shall be paid an allowance
at the rate of an additional 100% of the ordinary hourly rate for each hour of work performed.
e) Employees required to perform ordinary hours on a public holiday shall be paid an allowance at the rate of an
additional 150% of the ordinary hourly rate for each hour of work performed. The employee may notify SRW at the
commencement of the financial year that for the duration of the financial year the employee, instead of being paid
at the rate of an additional 150%, elects to be paid at an additional 50% for each hour of work performed on public
holidays and be granted an additional day of annual leave in lieu of each such holiday.
f) An employee who is rostered to perform ordinary hours on a public holiday, but who is granted leave in respect of
that day, or an employee whose rostered day off falls on a public holiday observed in accordance with this
Agreement, shall be granted one day's annual leave.
g) Employees who work through the commencement or cessation of daylight saving shall work and be paid by the
time recorded by the clock fixed according to relevant legislation.
h) When overtime work is necessary, it shall, whenever reasonably practicable, be so arranged that employees have at
least ten consecutive hours off duty between the completion of overtime on one day and the commencement of
work on the next successive day.
i) 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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24.4. Breaks
a) Employees will not be required to work more than five hours without an unpaid meal break of at least 30 minutes.
b) Employees shall be allowed a paid 15 minute break each day that can be split during the day.
c) SRW may schedule the time of taking a meal break to meet operational requirements.
d) The ordinary work cycle of employees shall provide at least ten hours break between the completion of ordinary
hours on one day and the commencement of ordinary hours of duty on the next day.
e) An employee who works so much overtime that they have not had at least ten consecutive hours off duty between
the completion of overtime work on one day and the commencement of ordinary work on the next day shall be
released after completion of such overtime until the employee has had ten consecutive hours off duty without loss
of pay for ordinary working time occurring during such absence.
f) If, on the instructions of SRW, such an employee resumes or continues to work without having had such ten
consecutive hours off duty the employee shall be paid at the rate of double time until released from duty for such
period and shall then be entitled to be absent for ten consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
24.5. Overtime
a) SRW may on any day require an employee to work reasonable overtime at overtime rates to ensure the work
requirements of SRW are met. However, 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:
I. The risk to the employee’s health and safety
II. The employee’s personal circumstances including family responsibilities
III. The needs of the workplace
IV. The notice (if any) given by SRW of the overtime and by the employee of his or her intention to refuse it;
and
V. Any other relevant matter.
b) Employees required to perform overtime hours on a Monday to Saturday (excluding a public holiday) shall be paid
for the first three hours of work performed at the rate of 150% of the ordinary hourly rate and for each hour of
work performed thereafter at 200% of the ordinary hourly rate.
c) 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 200% of the ordinary hourly rate.
d) Employees required to perform overtime hours on a public holiday shall be paid for each hour of work performed at
the rate of 250% of the ordinary hourly rate.
e) An employee who is recalled to work to perform overtime duty and is not on standby shall be paid not less than
three hours work at the appropriate overtime rate prescribed above.
f) Where an Employee is required to work overtime of at least two hours which is continuous with their normal
weekday finish time, a 1st meal allowance shall be paid. A 2nd meal allowance shall then be paid for each four
hours of continuous overtime that is subsequently worked providing the Employee is required to work beyond the
fourth hour.
g) Where an Employee is required to work overtime on a Saturday, Sunday, Public Holiday, where re-called to work or
on planned/programmed overtime that is not continuous with their normal weekday finish time, a 1st meal
allowance shall be paid for the first four hours of continuous work, provided the Employee is required to work
beyond the fourth hour. A 2nd meal allowance shall be paid for each instance of continuous overtime of more than
four hours that is subsequently worked.
h) The maximum rate upon which the payment for overtime is calculated shall not exceed the Band C Level 14 hourly
rate. This clause applies only to staff with agreed annualized salaries.
i) Clause 24.5 (h) shall not apply to employees engaged after 9 March 2018 following the renegotiation of total
remuneration package and current fixed term contracts.
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24.6. Childcare
a) Where staff are required by SRW to work outside their ordinary/rostered hours and where less than 24 hours’
notice to perform such overtime has been given by SRW, employees will be reimbursed for reasonable childcare
expenses incurred.
b) Evidence of expenditure so incurred must be provided to SRW as soon as possible after working the relevant period
of overtime.
24.7. Annualised Salary with Overtime
a) An employee may, in writing, request or accept from his / her manager the provision to include an element of
overtime in the ‘annualised standard all-purpose rate’. This all-purpose rate will become the ordinary rate of pay for
all purposes. Where an element of overtime is included and accepted, no additional payments are to be made to
the employee above the ‘annualised all-purpose rate’.
b) SRW may refuse a request for an annualised salary arrangement.
24.8. Excess travelling time
a) An employee who is directed to work temporarily at a location other than his/her normal place of employment may
be granted time off during normal hours of duty or the time credited to annual leave. Any period of excess travelling
time so incurred shall be paid at their ordinary rate (calculated to the nearest quarter hour) for time reasonably
spent in travelling to and from the place of residence and the designated place of work. This time is outside normal
hours in excess of the time normally spent in travelling from the place of residence to the usual place of work and
return.
b) A journey involving excess travelling time of less than 30 minutes daily shall not be taken into account.
24.9. Standby
a) An employee directed by SRW to be available for duty outside of the employee’s ordinary working hours will be on
call. An employee on call must be able to be contacted and immediately respond to a request to attend work.
b) Standby shall be fixed in accordance with the arrangements for the hours of work.
c) All employees who are required to be on standby after the commencement of this Agreement will be subject to the
arrangements outlined below.
d) Employees who are not rostered to work but are required to be on standby during normal day working hours shall
be paid at the rate of $78.40 per event which includes first hour of recall or the accumulation of remote resolve.
This standby will be called a day event.
e) Employees who are required to be on standby overnight until the commencement of work the following day shall
be paid at the rate of $111.99 per night event which includes first hour of recall or the accumulation of remote
resolve. This standby will be called a night event.
f) Clause 24.9(d) and 24.9(e) will not apply to any employee engaged prior to 9 March 2018 with an existing
annualised salary (refer to Clause 24.7) that includes standby arrangements.
g) Employees recalled to work while on standby shall be paid 150% of the ordinary rate for each of the first three
hours of recall and 200% of the ordinary rate for each hour of recall thereafter. On Sundays employees shall be paid
200% of the ordinary rate for each hour worked and on public holidays employees shall be paid 250% of the
ordinary rate for each hour worked.
h) Employees who are on standby shall not be considered to have returned to work for the purposes of undertaking
tasks, including initiating or receiving phone calls and/or for checking information machines, which are
compensated by the standby allowance.
i) The standby rate will be adjusted in accordance with Clause 17(b).
j) Any employee, who is recalled to work as specified in clause 24.9(g), will be paid for a minimum of four hours’ work
at the appropriate overtime rate on each occasion the employee is called back. Provided that any subsequent call-
backs occurring within a four hour period of a call-back will not attract any additional payment. An employee
working on a call-back will be paid the appropriate overtime rate from the time the employee departs for work.
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PART 6 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
25. LEAVE ENTITLEMENT
a) Every employee shall be entitled to four weeks paid annual leave for each twelve months continuous service.
Annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work.
b) An employee who regularly works his or her ordinary hours of duty over seven days a week including weekends
and public holidays shall be entitled to one additional paid week of annual leave.
25.1. Excess Leave
a) No employee shall accumulate more than 24 months annual leave entitlement (304 hours, or 380 hours for
rostered employees) without the approval of SRW.
25.2. Managing the excess portion of annual leave
a) If over a three (3) month period, SRW has made reasonable attempts to arrange a leave plan for excess leave
and the leave has not been taken; SRW can direct the employee to take the excess portion of their leave
entitlement to ensure adequate rest from work.
b) If an employee has genuinely tried to reach agreement with SRW under clause 25.2 (a) but agreement is not
reached (including because SRW refuses to confer), the employee may give a written notice to SRW requesting
to take one or more periods of paid annual leave.
c) However, an employee may only give a notice to SRW under paragraph (b) if:
I. the employee has had an excessive leave accrual for more than six months at the time of giving the
notice; and
II. the employee has not been given a direction under clause 25.2(a) that, when any other paid annual
leave arrangements are taken into account, would eliminate the employee’s excessive leave accrual.
25.3. Donating annual leave
a) An employee may voluntarily elect to donate a portion of his or her annual leave in excess of their 12 month
entitlement to another SRW employee who is experiencing terminal or chronic illness.
b) The employee donating the excess leave must retain their entitlement to four weeks paid annual leave.
25.4. Purchased leave
a) An Employee may, with the agreement of SRW, work less than 52 weeks per year. Access to this entitlement
may only be granted on application from an Employee and cannot be required as a precondition for
employment.
b) An Employee can only make an application under this clause where the Employee does not have an excessive
annual leave accrual
c) Where SRW and an Employee agree on an employment arrangement under paragraph 25.4 (a), the annual
salary applicable to an employee relative to the additional leave purchased will be as follows:
Proportion of annual salary
applicable under Schedule B
Number of additional weeks of
purchased leave
Number of additional weeks of
purchased leave
44/52 weeks Additional 8 weeks’ leave 12 weeks in total
45/52 weeks Additional 7 weeks’ leave 11 weeks in total
46/52 weeks Additional 6 weeks’ leave 10 weeks in total
47/52 weeks Additional 5 weeks’ leave 9 weeks in total
48/52 weeks Additional 4 weeks’ leave 8 weeks in total
49/52 weeks Additional 3 weeks’ leave 7 weeks in total
50/52 weeks Additional 2 weeks’ leave 6 weeks in total
51/52 weeks Additional 1 weeks’ leave 5 weeks in total
d) The Employee will receive a salary equal to the period worked (e.g. 46 weeks, 49 weeks) which will be spread
over a 52 week period.
Page 27
e) The accrual of personal/carer’s leave and long service leave by the Employee shall remain unchanged.
f) SRW will endeavour to accommodate Employee requests for arrangements under this clause subject to
operational requirements. Where such requests are granted, SRW will make proper arrangements to ensure
that the workloads of other Employees are not unduly affected and that excessive overtime is not required to
be performed by other Employees as a result of these arrangements.
g) An Employee may revert to ordinary 52 week employment by giving SRW no less than four weeks’ written
notice. Where an Employee so reverts to 52 week employment, appropriate pro rata salary adjustments will be
made.
25.5. Time in lieu
a) Time in lieu may accumulate to a maximum of 24 hours. Any employee who has accumulated 24 hours of time
in lieu must be paid for any additional hours worked.
b) By agreement, all or any part of the accumulated converted leave may be paid out.
c) Upon termination for any reason, the employee will be paid out any time in lieu accrued to his or her credit as if
it were time worked.
25.6. Broken Service
a) In determining the entitlement of an employee to annual leave, all periods of paid leave and any public holidays
taken shall be included, however service periods where the employee was absent without pay in excess of one
month shall not be included.
25.7. Unpaid recreation leave
a) An employee may request a period of unpaid leave once all credits of annual leave, time-in lieu, ADO and long
service leave have been used. Operational resource considerations apply in the granting or refusal of such a
request.
25.8. Public Holidays
a) An employee's leave entitlement shall be in addition to any of the public holidays prescribed by this
Agreement.
25.9. Proportionate leave on termination
a) Any employee who leaves the employment of SRW after having given the prescribed period of notice or whose
services are terminated shall be paid (or his legal representative in the case of the death of the employee) an
amount calculated on the basis of 1/12th of an ordinary week's pay in respect of each completed five working
days of continuous service with SRW, for which leave has not previously been granted.
26. PERSONAL / CARER’S LEAVE
26.1. Amount of paid personal / carer’s leave
a) The provisions of this clause apply to full-time and regular part-time employees.
b) Paid personal / carer’s leave will be available to an employee when they are absent because of:
I. Personal illness or injury (sick leave); or
II. Personal illness or injury of an immediate family or household member who requires the employee's
care or support (carer's leave); or
III. An unexpected emergency affecting an immediate family or household member; or
IV. The requirement to provide ongoing care and attention to another person who is wholly or
substantially dependent on the employee provided that the care and attention is not wholly or
substantially on a commercial basis.
c) Paid personal leave of:
I. A full time employee is entitled to paid personal/carer’s leave of fifteen days per year. A part time
employee is entitled to a pro-rata amount of paid personal/carer’s leave based on the part-time
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employee’s hours of work.
II. Personal/carer’s leave will be credited on commencement of employmemt and subsequently on the
anniversary date of the employee’s employment.
III. Employees appointed for a fixed-term period will accrue on a pro-rata basis paid personal/carer’s
leave according to their length of service.
IV. Leave without pay will not count as service for personal/carer’s leave accrual purposes.
V. Unused paid personal/carer’s leave accumulates from year to year.
VI. Accrued personal/carer’s leave will not be paid out on termination of employment.
26.2. Immediate family
a) The entitlement to use personal leave for the purposes of carer's leave is subject to the person being either:
I. A member of the employee's immediate family; or
II. A member of the employee's household.
b) The term immediate family includes:
I. spouse, de facto partner, including same-sex partner, child, parent, grandparent, grandchild or sibling,
or
II. child, parent, grandparent, grandchild or sibling of the employee’s spouse or de facto partner,
including same-sex partner
III. this definition includes step-relations, for example step-parents and step-children
26.3. Documentary Evidence Requirements
a) Personal leave
I. In the case of personal leave, the Employee must provide SRW with a medical certificate from a
Registered Practitioner.
b) Carer’s leave
I. In the case of carer’s leave, the Employee must provide SRW with appropriate documentary evidence.
II. The form of evidence required by SRW will depend on the circumstances of the carer’s leave request,
and may include a medical certificate from a Registered Practitioner or statutory declaration stating
that the condition of the person concerned requires the Employee’s care or support or other relevant
documentary evidence.
c) Registered Practitioner means one of the following: Aboriginal and Torres Strait Islander health practitioner,
Chinese medicine practitioner, Chiropractor, Dental care practitioner, Medical practitioner, Nurse practitioner,
Midwife, Optometrist, Osteopath, Pharmacist, Physiotherapist, Podiatrist or Psychologist.
d) For any period of personal / carer’s leave exceeding three days continuous absence, an employee shall furnish
as soon as is practicable a form of evidence stated in clause 26.3 (a) and (b).
e) In respect of any absence of three days or less, the employee may be required by SRW to furnish as soon as is
practicable a form of evidence stated in clause 26.3 (a) and (b).
f) The employee shall, wherever practicable, give SRW 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 SRW by telephone of such absence at the first opportunity on the day of absence.
g) If the number of days during which an employee is absent in any one year of service without medical
certificates exceeds five days in aggregate, the number of days absence in excess of five days may be deducted
from the employee's recreation leave or be granted any personal / carer’s leave without pay, on the
employee's election.
h) Continuous personal / carer’s leave with pay shall not be granted to an employee for any period exceeding
thirteen weeks unless a registered medical practitioner nominated by SRW certifies that the leave is necessary.
Where an employee is continuously absent from duty because of illness beyond a period of thirteen weeks, the
Page 29
employee shall not be permitted to return to duty until the nominated medical practitioner certifies fitness to
return to duty.
26.4. Use of accumulated personal / carer’s leave
a) An employee is entitled to use accumulated personal / carer’s leave for the purposes of this clause where the
current year’s personal / carer’s leave entitlement has been exhausted.
b) Unused personal / carer’s leave shall be cumulative.
c) For any period of personal / carer’s leave exceeding three days continuous absence, an employee shall provide
SRW with evidence consistent with clause 26.3.
d) Provided that:
I. In respect of any absence of three days or less, the employee may be required by SRW to furnish with
evidence consistent with clause 26.3.
II. The employee shall, wherever practicable, give SRW 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 SRW by telephone of such absence at the first opportunity on the day
of absence.
III. Continuous personal / carer’s leave with pay shall not be granted to an employee for any period exceeding
thirteen weeks unless a registered medical practitioner nominated by SRW certifies that the leave is
necessary. Where an employee is continuously absent from duty because of illness beyond a period of
thirteen weeks, the employee shall not be permitted to return to duty until the nominated medical
practitioner certifies fitness to return to duty.
e) In calculating service for the purpose of this clause:
I. All periods of paid leave, including public holidays, shall be counted as service; and
II. No periods of unpaid leave in excess of four continuous weeks shall count as service.
26.5. Absence on public holidays
a) 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.
26.6. Unpaid personal leave
b) Where an employee has exhausted all paid personal / carer’s leave entitlements, they are entitled to take unpaid
carer’s leave to provide care or support in the circumstances outlined in 26.1.1 (b). SRW 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.
26.7. Personal / Carer’s leave at half pay
a) In exceptional circumstances, an Employee may be granted approval to convert any or all of their accrued paid
personal / carer’s leave entitlement to half pay for a period equal to twice the period to which the Employee would
otherwise be entitled.
b) Approval of half-pay personal / carer’s leave will only be granted in relation to an absence of four weeks or more.
c) To be eligible for personal / carer’s leave at half pay under this clause, the Employee must comply with all notice
and documentary evidence requirements stipulated in this clause.
26.8. Casual employees – Caring responsibilities and Compassionate Leave
a) Casual employees are entitled to be unavailable to attend work or to leave work:
i. If they need to care for members of their immediate family or household who are sick and require care or
support, or who require care due to an unexpected emergency, or the birth of a child; or
ii. Upon the death of an immediate family or household member.
Page 30
b) SRW and the employee will agree on the period for which the employee will be entitled to be unavailable to attend
work. In the absence of agreement, the employee is entitled to be unavailable 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) SRW will require the casual employee to provide satisfactory evidence to support the taking of this leave.
27. COMPASSIONATE LEAVE
a) An Employee, other than a casual Employee, is entitled to two days paid compassionate leave on each occasion
when a member of the Employee’s immediate family or a member of the Employee’s household:
i. dies or
ii. contracts or develops a life-threatening illness or injury.
b) In addition, SRW WILL also grant up to another three days per event following the death of a direct relative defined
as parent, brother, sister, child, spouse and spouses parents.
c) For the purposes of this Agreement the definition of an immediate family is an employee's:
I. spouse or former spouse
II. de facto partner or former de facto partner
III. child
IV. parent
V. grandparent
VI. grandchild
VII. sibling, or a
VIII. child, parent, grandparent, grandchild or sibling of the employee's spouse or de facto partner (or former
spouse or de facto partner).
d) This definition includes step-relations (e.g. step-parents and step-children) as well as adoptive relations.
e) Employees will be able to take compassionate leave for other relatives (e.g. cousins, aunts and uncles) if they are a
member of the employee's household, or if SRW agrees to this.
28. PARENTAL LEAVE
28.1. Application
a) Full time, part-time and Eligible Casual Employees are entitled to parental leave under this clause if:
I. the leave is associated with:
i. the birth of a child of the Employee or the Employee’s Spouse; or
ii. the placement of a child with the Employee for adoption; and
II. the Employee has or will have a responsibility for the care of the child.
28.2. Definitions
a) For the purposes of this clause:
b) Eligible Casual Employee means a casual Employee:
I. employed by SRW on a regular and systematic basis for a continuing period or sequence of periods of
employment during a period of at least twelve months; and
II. who has, but for accessing parental leave under this clause, a reasonable expectation of continuing
employment by SRW on a regular and systematic basis.
c) Continuous Service is work for SRW on a regular and systematic basis (including any period of authorised leave).
d) Child means:
I. in relation to birth-related leave, a child (or children from a multiple birth) of the Employee or the
Page 31
Employee’s Spouse;
II. in relation to surrogacy and adoption-related leave, a child (or children) who will be placed with an
Employee, and:
i. who is, or will be, under 16 as at the day of placement, or the expected day of placement;
ii. has not, or will not have, lived continuously with the Employee for a period of six months or more
as at the day of placement, or the expected day of placement; and
iii. is not (otherwise than because of the adoption) a child of the Employee or the Employee’s spouse.
e) Primary Caregiver means the person who is the primary carer of a newborn or newly adopted Child. The primary
carer is the person who meets the Child’s physical needs more than anyone else. Only one person can be a Child’s
primary carer on a particular day. In most cases the Primary Caregiver will be the birth mother of a newborn or the
initial primary carer of a newly adopted child.
f) Secondary Caregiver means a person who has parental responsibility for the Child but is not the Primary Caregiver.
g) Spouse includes a de facto spouse, former spouse or former de facto spouse.
h) 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.
28.3. Summary of Parental Leave Entitlements
Paid Leave Unpaid Leave Total
Primary Caregiver
More than 12 months service 14 Up to 38 weeks 52 weeks
Less than 12 months service 0 Up to 52 weeks 52 weeks
Eligible casual employee 0 Up to 52 weeks 52 weeks
Secondary Caregiver
More than 12 months service 2 Up to 50 weeks 52 weeks
Less than 12 months service 0 Up to 52 weeks 52 weeks
Eligible casual employee 0 Up to 52 weeks 52 weeks
Pre-natal leave
Pregnant employee 38 hours
Spouse 7.6 hours
Permanent Care leave
More than 12 months service 14 Up to 38 weeks 52 weeks
Less than 12 months service 0 Up to 52 weeks 52 weeks
Grandparent Leave 0 Up to 52 weeks 52 weeks
28.4. Parental Leave – Primary Caregiver
a) An Employee who has, or will have, completed at least twelve months paid Continuous Service and who will be the
Primary Caregiver at the time of the birth or adoption of their Child, is entitled to up to 52 weeks parental leave,
comprising:
I. 14 weeks paid parental leave; and
II. up to 38 weeks unpaid parental leave.
b) An Employee who will be the Primary Caregiver but has not completed at least twelve months paid Continuous
Service at the time of the birth or adoption of their Child, is entitled to up to 52 weeks unpaid parental leave.
c) An Eligible Casual Employee who will be the Primary Caregiver at the time of the birth or adoption of their Child is
entitled to up to 52 weeks unpaid parental leave.
d) Only one parent can receive Primary Caregiver parental leave entitlements in respect to the birth or adoption of
their Child. An Employee cannot receive Primary Caregiver parental leave entitlements:
I. If their Spouse is, or will be, the Primary Caregiver at the time of the birth or adoption of their Child;
Page 32
II. if their Spouse has received, or will receive, paid maternity leave, primary caregiver entitlements, or a
similar entitlement, from their employer; or
III. if the Employee has received, or will receive, Secondary Caregiver parental leave entitlements in relation
to their Child.
e) A period of parental leave taken in accordance with this clause must be for a single continuous period.
28.5. Parental Leave – Secondary Caregiver
a) An Employee who has, or will have, completed at least twelve months paid Continuous Service and who will be the
Secondary Caregiver at the time of the birth or adoption of their Child, is entitled to up to 52 weeks parental leave,
comprising:
i. 2 weeks paid parental leave; and
ii. up to 50 weeks unpaid parental leave.
b) An Employee who will be the Secondary Caregiver but has not completed at least twelve months paid Continuous
Service at the time of the birth or adoption, is entitled to up to 52 weeks unpaid parental leave.
c) An Eligible Casual Employee who will be the Secondary Caregiver at the time of the birth or adoption of their Child is
entitled to up to 52 weeks unpaid parental leave.
d) Only one parent can receive Secondary Caregiver parental leave entitlements in respect to the birth or adoption of
their Child.
e) An Employee cannot receive Secondary Caregiver parental leave entitlements where the Employee has received
Primary Caregiver parental leave entitlements in relation to their Child.
28.6. Pre Natal Leave
a) A pregnant Employee will have access to paid leave totalling up to 38 hours per pregnancy to enable the Employee
to attend routine medical appointments associated with the pregnancy. SRW should be flexible enough to allow the
Employee the ability to leave work and return on the same day.
b) An Employee who has a Spouse, including same-sex partner who is pregnant will have access to paid leave totaling
up to 7.6 hours per pregnancy to enable the Employee to attend routine medical appointments associated with the
pregnancy.
c) The Employee is required to provide a medical certificate from a registered medical practitioner confirming that the
Employee or their Spouse is pregnant. Each absence on pre-natal leave must also be covered by a medical
certificate.
d) Paid pre-natal leave is not available to casual Employees.
e) The entitlement of an employee to paid leave under this clause shall be subject to the completion of twelve
months’ continuous service.
28.7. Pre-adoption leave
a) An Employee seeking to adopt a Child is entitled to unpaid leave for the purpose of attending any compulsory
interviews or examinations as are necessary as part of the adoption procedure.
b) The Employee and SRW should agree on the length of the unpaid leave. Where agreement cannot be reached, the
Employee is entitled to take up to two days unpaid leave.
c) Where paid leave is available to the Employee SRW may require the Employee to take such leave instead.
d) SRW may require the Employee to provide satisfactory evidence supporting the leave.
28.8. Permanent Care Leave
a) If, pursuant to the Children, Youth and Families Act 2005 (Vic) or any successor to that legislation, an Employee
(other than a casual Employee), is granted a permanent care order in relation to the custody or guardianship of a
child and the Employee is the Primary Caregiver for that child, the Employee will be entitled to 14 weeks’ paid leave
at a time to be agreed with SRW.
Page 33
28.9. Grandparent Leave
a) An Employee, who is or will be the Primary Caregiver of a grandchild, is entitled to a period of up to 52 weeks’
continuous unpaid grandparent leave in respect of the birth or adoption of the grandchild of the Employee.
28.10. Continuing to work while pregnant
a) SRW may require a pregnant Employee to provide a medical certificate stating that the Employee is fit to work their
normal duties where the Employee:
i. continues to work within a six week period immediately prior to the expected date of birth of the child; or
ii. is on paid leave under clause 28.1b).
b) SRW may require the Employee to start parental leave if the Employee:
i. does not give SRW the requested certificate within seven days of the request; or
ii. gives SRW a medical certificate stating that the Employee is unfit to work.
28.11. Personal/Carer’s Leave
a) A pregnant Employee, not then on parental leave, who is suffering from an illness whether related or not to the
pregnancy, may take any paid and/or unpaid personal/carer’s leave in accordance with clause 26.
28.12. Transfer to a Safe Job
a) Where an Employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of
the pregnancy or hazards connected with the work assigned to the Employee make it inadvisable for the Employee
to continue at their present work, the Employee will be transferred to a safe job with no other change to the
Employee’s terms and conditions of employment until the commencement of parental leave.
b) If there is no safe job available, the employee is entitled to take paid no safe job leave, or SRW may require the
Employee to take no safe job paid leave immediately for a period which ends at the earliest of either:
I. when the Employee is certified unfit to work during the six week period before the expected date of birth
by a registered medical practitioner; or
II. when the Employee’s pregnancy results in the birth of a living child or when the Employee’s pregnancy
ends otherwise than with the birth of a living child.
c) The entitlement to no safe job leave is in addition to any other leave entitlement the Employee has.
28.13. Special Parental 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:
I. where the pregnancy terminates during the first 20 weeks, during the certified period/s the Employee is
entitled to access any paid and/or unpaid personal/carer’s leave entitlements in accordance with clause
26;
II. where the pregnancy terminates after the completion of 20 weeks, during the certified period/s the
Employee is entitled to paid special maternity leave not exceeding the amount of paid parental leave
available under clause 28.3 and thereafter, to unpaid special maternity leave.
28.14. Notice and evidence requirements
a) An Employee must give at least 10 weeks written notice of the intention to take parental leave, including the
proposed start and end dates. At this time, the Employee must also provide a statutory declaration stating:
I. that the Employee will become either the Primary Caregiver or Secondary Caregiver of the Child, as
appropriate;
II. the particulars of any parental leave taken or proposed to be taken or applied for by the Employee’s
Spouse; and
III. that for the period of parental leave the Employee will not engage in any conduct inconsistent with their
contract of employment.
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b) At least four weeks before the intended commencement of parental leave, the Employee must confirm in writing
the intended start and end dates of the parental leave, or advise SRW of any changes to the notice provided in
clause 28.14(a), unless it is not practicable to do so.
c) SRW may require the Employee to provide evidence which would satisfy a reasonable person of:
I. in the case of birth-related leave, the date of birth of the Child (including without limitation, a medical
certificate stating the date of birth or expected date of birth); or
II. in the case of adoption-related leave, the commencement of the placement (or expected day of
placement) of the Child and that the Child will be under 16 years of age as at the day of placement or
expected day of placement.
d) An Employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement
or placement occurring earlier than the expected date or in other compelling circumstances. In these circumstances
the notice and evidence requirements of this clause should be provided as soon as reasonably practicable.
28.15. Commencement of parental leave
a) An Employee who is pregnant may commence Primary Caregiver parental leave at any time within 14 weeks prior to
the expected date of birth of the Child. The period of parental leave must commence no later than the date of birth
of the Child.
b) In all other cases, Primary Caregiver parental leave commences on the day of birth or placement of the Child.
c) Secondary caregiver parental leave may commence on the day of birth or placement of the Child.
d) SRW and Employee may agree to alternative arrangements regarding the commencement of parental leave.
e) Unless otherwise agreed, any entitlement to paid parental leave will be paid from the date of commencement of
parental leave.
28.16. Single period of parental leave
a) Parental leave is to be available to only one parent at a time, in a single unbroken period, except in the case of
concurrent leave.
28.17. Employee Couple – Concurrent Leave
a) Two Employees covered by this Agreement may take up to eight weeks concurrent leave in connection with the
birth or adoption of their Child.
b) Concurrent leave may commence one week prior to the expected date of birth of the Child or the time of placement
in the case of adoption.
c) Concurrent leave can be taken in separate periods, but each block of concurrent leave must not be less than two
weeks, unless SRW otherwise agrees.
28.18. Parental Leave and Other Entitlements
a) An Employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave
entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks or a longer
period as agreed under clause 28.20.
b) Where a Public Holiday occurs during a period of paid parental leave, the Public Holiday is not to be regarded as
part of the paid parental leave and SRW will grant the Employee a day off in lieu, to be taken by the Employee
immediately following the period of paid parental leave.
c) Unpaid parental leave under clauses 28.4, 28.5, 28.20 and 28.22 shall not break an Employee’s continuity of
employment but it will not count as service for leave accrual or other purposes.
28.19. Keeping in touch days
a) During a period of parental leave SRW and the Employee may agree to perform work for the purpose of keeping in
touch in order to facilitate a return to employment at the end of the period of leave.
b) Keeping in touch days must be agreed and be in accordance with section 79A of the Fair Work Act 2009.
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28.20. Extending parental leave
a) Extending the initial period of parental leave
I. An Employee who is on an initial period of parental leave of less than 52 weeks under clause 28.4 or 28.5,
may extend the period of their parental leave on one occasion up to the full 52 week entitlement.
II. The Employee must notify SRW in writing at least four weeks prior to the end date of their initial parental
leave period. The notice must specify the new end date of the parental leave.
b) Right to request an extension to parental leave
I. An Employee who is on parental leave under clause 28.4 or 28.5 may request an extension of unpaid
parental leave for a further period of up to 12 months immediately following the end of the current
parental leave period.
II. In the case of an Employee who is a member of an employee couple, the period of the extension cannot
exceed 12 months, less any period of parental leave that the other member of the Employee couple will
have taken in relation to the Child.
III. The Employee’s request must be in writing and given to SRW at least four weeks before the end of the
current parental leave period. The request must specify any parental leave that the Employee’s spouse
will have taken.
IV. SRW shall consider the request having regard to the Employee’s circumstances and, provided the request
is based on the Employee’s parental responsibilities, may only refuse the request on reasonable business
grounds.
V. SRW must not refuse the request unless SRW has given the Employee a reasonable opportunity to discuss
the request.
VI. SRW must give a written response to the request as soon as practicable, and no later than 21 days after
the request is made. The response must include the details of the reasons for any refusal.
c) Total period of parental leave, including any extensions, must not extend beyond 24 months.
I. In the case of an employee Couple, the total period of parental leave for both parents combined, including any
extensions, must not extend beyond 24 months. The Employee’s entitlement to parental leave under clause
28.4 or 28.5 will reduce by the period of any extension taken by a member of the couple under clause 28.20.
28.21. Calculation of pay for the purposes of parental leave
a) The calculation of weekly pay for paid parental leave purposes will be based on the average number of ordinary
hours worked by the Employee over the past three years. The calculation will exclude periods of unpaid parental
leave.
b) The average number of weekly hours worked by the Employee, determined in accordance with clause 28.21(a)
above, will be then applied to the annual salary applicable to the Employee’s classification and salary point at the
time of taking parental leave to determine the actual rate of pay whilst on parental leave.
c) Despite 28.21(a), an Employee who reduces the time fraction they work to better cope during pregnancy will not
have their subsequent paid parental leave reduced accordingly.
28.22. Half Pay
a) 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.
28.23. Commonwealth Paid Parental Leave
a) 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.
28.24. Returning to Work
a) Returning to work early
I. During the period of parental leave an Employee may return to work at any time as agreed between the
SRW and the Employee, provided that time does not exceed four weeks from the recommencement date
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desired by the Employee.
II. In the case of adoption, where the placement of an eligible child with an Employee does not proceed or
continue, the Employee will notify SRW immediately and SRW will nominate a time not exceeding four
weeks from receipt of notification for the Employee’s return to work.
b) Returning to work at conclusion of leave
I. At least four weeks prior to the expiration of parental leave, the Employee will notify SRW of their return to
work after a period of parental leave.
II. Subject to 28.23(b)(iii), an Employee will be entitled to the position which they held immediately before
proceeding on parental leave. In the case of an Employee transferred to a safe job pursuant to clause 28.12
above, the Employee will be entitled to return to the position they held immediately before such transfer.
III. Where such position no longer exists but there are other positions available which the Employee is
qualified for and is capable of performing, the Employee will be entitled to a position as nearly comparable
in status and pay to that of their former position.
c) Returning to work at a reduced time fraction
I. To assist an Employee in reconciling work and parental responsibilities, an Employee may request to return
to work at a reduced time-fraction until their Child reaches school age, after which the Employee will
resume their substantive time-fraction.
II. Where an Employee wishes to make a request under 28.24(c)(I), such a request must be made as soon as
possible but no less than seven weeks prior to the date upon which the Employee is due to return to work
from parental leave.
28.25. 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, SRW shall take reasonable steps to:
I. make information available in relation to any significant effect the change will have on the status or
responsibility level of the position the Employee held before commencing parental leave; and
II. provide an opportunity for the Employee to discuss any significant effect the change will have on the status
or responsibility level of the position the Employee held before commencing parental leave.
a) The Employee shall take reasonable steps to inform SRW 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.
b) The Employee shall also notify SRW of changes of address or other contact details which might affect SRW’s
capacity to comply with clause 28.24(a).
28.26. Extended Family Leave
a) An Employee who is the Primary Caregiver and has exhausted all parental leave entitlements may apply for unpaid
Extended Family Leave as a continuous extension to their parental leave taken in accordance with this clause. The
total amount of leave, inclusive of parental leave taken in accordance with this clause cannot exceed seven years.
b) The Employee must make an application for Extended Family Leave each year.
c) An Employee will not be entitled to paid parental leave whilst on Extended Family leave.
d) Upon return to work SRW may reallocate the Employee to other duties.
28.27. 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 SRW engages a replacement Employee SRW must inform that person of the temporary nature of the
employment and of the rights of the Employee who is being replaced.
c) It is agreed that the limitation in clause [insert the clause number] on the use of fixed term employment to replace
the Employee does not apply in this case.
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29. FAMILY VIOLENCE LEAVE
29.1. General Principle
a) SRW recognises that Employees sometimes face situations of violence or abuse in their personal life that may affect
their attendance or performance at work. Therefore, SRW 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.
29.2. Definition of Family Violence
a) Family violence includes physical, sexual, financial, verbal or emotional abuse by a family member as defined by the
Family Violence Protection Act 2008 (Vic).
29.3. Eligibility
a) Leave for family violence purposes are available to all employees with the exception of casual employees.
b) Casual employees are entitled to access leave without pay for family violence purposes.
29.4. General Measures
a) Evidence of family violence may be required and can be in the form an agreed document issued by the Police
Service, a Court, a registered health practitioner, a Family Violence Support Service, district nurse, maternal and
health care nurse or Lawyer. A signed statutory declaration can also be offered as evidence.
b) All personal information concerning family violence will be kept confidential in line with SRW’s policies and relevant
legislation. No information will be kept on an Employee’s personnel file without their express written permission.
c) No adverse action will be taken against an Employee if their attendance or performance at work suffers as a result
of experiencing family violence.
d) SRW will identify contact/s within the workplace who will be trained in family violence and associated privacy
issues. SRW will advertise the name of any Family Violence contacts within the workplace.
e) An Employee experiencing family violence may raise the issue with their immediate supervisor, Family Violence
contacts, union delegate or nominated People and Culture contact. The immediate supervisor may seek advice from
People and Culture if the Employee chooses not to see the People and Culture or Family Violence contact.
f) Where requested by an employee, the People and Culture contact will liaise with the Employee’s manager on the
Employee’s behalf, and will make a recommendation on the most appropriate form of support to provide.
g) SRW will develop guidelines to supplement this clause and which details the appropriate action to be taken in the
event that an employee reports family violence.
29.5. Leave
a) An employee experiencing family violence will have access to 20 days per year of paid special leave following an
event of family violence and for related purposes such as medical appointments, legal proceedings and other
activities related to family violence (this leave is not cumulative but if the leave is exhausted consideration will be
given to providing additional leave). This leave will be in addition to existing leave entitlements and may be taken as
consecutive or single days or as a fraction of a day and can be taken without prior approval.
b) An Employee who supports a person experiencing family violence may utilise their personal/carer’s leave
entitlement to accompany them to court, to hospital, or to care for children. SRW may require evidence consistent
with clause 4.4 (a) from an Employee seeking to utilise their personal / carer’s leave entitlement.
29.6. Individual Support
a) In order to provide support to an Employee experiencing family violence and to provide a safe work environment to
all Employees, SRW will approve any reasonable request from an Employee experiencing family violence for:
I. temporary or ongoing changes to their span of hours or pattern or hours and/or shift patterns;
II. temporary or ongoing job redesign or changes to duties;
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III. temporary or ongoing relocation to suitable employment;
IV. a change to their telephone number or email address to avoid harassing contact;
V. any other appropriate measure including those available under existing provisions for family friendly and
flexible work arrangements.
b) Any changes to an employee’s role should be reviewed at agreed periods. When an employee is no longer
experiencing family violence, the terms and conditions of employment may revert back to the terms and conditions
applicable to the Employee’s substantive position.
c) An employee experiencing family violence will be offered access to the Employee Assistance Program (EAP) and/or
other available local employee support resources. The EAP shall include professionals trained specifically in family
violence.
d) An Employee that discloses that they are experiencing family violence will be given information regarding current
support services.
30. PUBLIC HOLIDAYS
a) Where the nature of the employment of Employees permits the observance of Public Holidays as they occur,
Employees (other than casual Employees) shall be entitled to the following holidays without loss of pay:
I. New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day, Boxing Day, Australia Day,
Anzac Day, Queen’s Birthday, Labour Day and Friday before the AFL Grand Final..
II. When Christmas Day is a Saturday an additional holiday will be observed the next Monday.
III. When Christmas Day is a Sunday, an additional holiday will be observed the next Tuesday.
IV. When Boxing Day is a Saturday, an additional holiday will be observed the next Monday..
V. When Boxing Day is a Sunday, an additional holiday will be observed on the next Tuesday.
VI. When New Year’s Day is a Saturday or a Sunday, an additional holiday shall be observed on the next
Monday.
VII. When Australia Day is a Saturday or a Sunday, a holiday in lieu shall be observed on the next Monday.
VIII. Melbourne Cup Day is also a public holiday for all of Victoria unless an alternate local holiday has been
arranged by a non-metropolitan council. Such days are declared in accordance with the Public Holidays Act
1993 and for staff whose base work location is in the locally declared area that day will be observed as a
Public Holiday in lieu of Melbourne Cup Day.
b) Further substitute or additional days may be declared or prescribed from time to time by order of the Victorian
Government and published in the Government Gazette as provided under the Public Holidays Act 1993.
31. SPECIAL LEAVE
31.1. 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 and shall not be required to pay SRW any
fees received from the court for serving as a juror.
31.2. Special sick leave
a) Where SRW is satisfied that the illness of an employee with at least six months service, is directly attributable to, or
is aggravated by, the employee's service with Australian forces, the employee may be granted special sick leave on
the following basis:
I. The employee shall receive a leave credit of fifteen days special sick leave on full pay per year, subject to a
maximum available accumulation at any time of 100 days;
II. The application of the above is based on a normal working day of 7.6 hours per day;
III. Payment during leave shall be at the employee's ordinary rate of pay, subject to the production of a
medical certificate stating that the absence is due to an accepted war service disability; and
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IV. The employee may use normal sick leave credits when the special sick leave credit is exhausted.
b) If an employee is certified to be suffering from pulmonary tuberculosis and to be probably curable or from
poliomyelitis, special sick leave may be granted in the following terms: six months on full pay and three months on
half pay. In a case of pulmonary tuberculosis, such pay may be conditional on the employee undergoing treatment
in an approved clinic. Any leave so granted in excess of the amount standing to the employee's credit shall not be
regarded as a debit against the employee. On resumption of duty, such employee shall be entitled to a total initial
credit of not less than sixteen days on full pay and sixteen days on half pay.
c) If an employee is certified to be a case of clinically suspected tubercular infection, such employee may be granted
leave of absence on full pay for a period not exceeding thirteen weeks. Such pay may be made conditional on the
employee undergoing treatment in an approved clinic. Any leave so granted in excess of the amount standing to the
credit of the employee shall not be regarded as a debit against such employee.
d) Leave of absence under this sub-clause shall not be granted to any employee who is certified as having suffered
from pulmonary tuberculosis prior to being accepted for employment by SRW.
e) Upon report by a medical officer of health 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, SRW may grant the employee special paid sick leave.
f) Leave of absence under this sub-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.
31.3. Cultural and Ceremonial Leave
31.3.1. 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.
31.3.2. Ceremonial leave
a) Ceremonial leave may be granted to an Employee of Aboriginal or Torres Strait Islander descent for ceremonial
purposes:
I. 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
II. for other ceremonial obligations under Aboriginal and Torres Strait Islander lore.
b) Where ceremonial leave is taken for the purposes outlined in clause 31.3.2. (a), 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.
c) Ceremonial leave granted under this clause 31.3.2. (a) is in addition to compassionate leave granted under clause
26.
31.4. Leave to Engage in Voluntary Emergency Management Activities
31.4.1. An Employee who engages in a voluntary emergency management activity with a recognised emergency
management body that requires the attendance of the Employee at a time when the Employee would otherwise be
required to be at work is entitled unpaid leave and an additional three days paid leave per year pay for:
I. time when the Employee engages in the activity;
II. reasonable travelling time associated with the activity; and
III. reasonable rest time immediately following the activity.
31.4.2. The Employee must advise SRW as soon as reasonably practicable if the Employee is required to attend a voluntary
emergency management activity and must advise SRW of the expected or likely duration of the Employee’s
attendance.
31.4.3. The Employee must provide a certificate of attendance or other evidence of attendance as reasonably requested by
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SRW.
31.4.4. Recognised emergency management bodies include but are not limited to, the Country Fire Authority, Red Cross,
State Emergency Service and St John Ambulance.
31.4.5. An Employee who is required to attain qualifications or to requalify to perform activities in an emergency
management body must be granted leave with pay for the period of time required to fulfil the requirements of the
training course pertaining to those qualifications, provided that such training can be undertaken without unduly
affecting the operations of SRW.
31.5. Study Assistance
a) Training or study approved by SRW and undertaken during ordinary working hours shall by treated as paid training
leave. SRW shall not withhold approval for such paid leave unreasonably.
b) Costs associated with approved training or study, including standard fees for prescribed courses (excluding HECS
fees) and prescribed textbooks incurred in connection with the training or study shall be reimbursed by SRW upon
production of evidence of such expenditure.
c) Reimbursement of fees shall be on an annual basis or at the completion of the course, whichever occurs first,
subject to presentation of reports of satisfactory progress.
d) Additional travel costs incurred by an employee undertaking training in accordance with this clause which exceed
those normally incurred in travelling to and from work shall be reimbursed by SRW.
e) SRW may grant to an employee (other than a casual employee) part-time leave of absence for the purpose of
acquiring a qualification or studying a course or part of a course to improve his/her career development or aid
progression though the award classification, provided that SRW is of the opinion that this is likely to increase the
efficiency and career development of the employee.
f) SRW may grant sufficient leave of absence with pay to enable the employee to attend up to a maximum of five
hours of lectures and tutorials, having regard to the arrangements which can be reasonably made for apportioning
attendance and tutorials between times inside and outside ordinary hours of duty, provided that in special
circumstances SRW may grant leave for longer periods as it deems necessary. In addition, reasonable leave with pay
for the purpose of travelling to and from classes may be granted.
g) Where such leave of absence has been granted, SRW may also grant up to a total of 38 hours leave with pay in any
one calendar year for the purpose of attending compulsory assessments and/or examinations associated with the
course of study.
h) Leave granted under this clause shall be included as service for the purpose of recreation, personal and long service
leave.
i) SRW may at its discretion reimburse all or part of other costs associated with an approved course of study.
j) An employee who undertakes an approved course of study may have compulsory fees pertaining to the enrolment,
excluding supplementary examination, late enrolment and late examination entry fees, reimbursed.
k) Claims for payment must be made as subjects are passed and within two months of the date of the examination,
provided that all claims must be accompanied by official receipts and official statements of examination results.
l) SRW supports core skill training on a business needs basis. New staff will be provided with instruction and training
in order to carry out their jobs in a competent and safe manner.
32. LONG SERVICE LEAVE
32.1. Basic Entitlement
a) An employee is entitled to the equivalent of three months long service leave with pay for each period of ten years
of continuous service.
32.2. Arrangements
a) An employee may access this entitlement, on a pro-rata basis, after an initial seven years of continuous service, and
annual pro-rata credits thereafter.
b) An employee who with not less than seven completed years of service resigns or whose services are terminated
shall, upon written application, receive payment of a sum representing pay for service equal to 1/40th of the period
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of service, in lieu of long service leave with pay.
c) Where the services of an employee with not less than four completed years of service is terminated on account of
retirement, ill health, retrenchment, or by death, the employee or the legal personal representative of the
employee shall receive payment of a sum representing pay for service equal to 1/40th of the period of service.
d) Any public holiday occurs during the period of long service leave shall not be regarded as part of the leave and SRW
shall grant to the employee a day off in lieu.
e) In calculating the period of service, there shall be included:
I. Any period of leave including leave due to war disabilities
II. Unpaid sick leave up to a maximum of 26 weeks
III. Any period on WorkCover for which accident make up payments are made, for a maximum of 12 months
IV. Acknowledged prior service as defined in the Water (Long Service Leave) Regulations 2011 (Vic)
V. Such other leave as SRW may determine in a particular case.
f) Long Service Leave shall be taken at times which are convenient to the needs of SRW but as far as is practicable the
wishes of the employee shall be considered when fixing the time for taking of leave.
g) The parties are agreed that no business should continue to enlarge its long service liability indefinitely and that long
service leave is intended to be taken when it falls due. To achieve these objectives in the future, employees will be
required to take the long service leave within five years of being earned.
h) Long Service Leave granted with pay shall be paid at the employee’s ordinary rate of pay, as defined. Where the
length of service prescribed in this clause includes periods of time less than full-time service, (including prior service
recognised under this clause - above), calculation and payment of such periods of service shall be on a pro rata
basis.
i) At the request of the employee, the whole or part of long service leave may be taken as half pay for a period equal
to twice the whole or part of the period. The above amount shall be payable fortnightly except that on the request
of the employee and with the agreement of SRW the amount may be paid in a lump sum at the commencement of
the leave. Payment to an employee during long service leave shall be adjusted to include any variation in salary that
occurs during the leave period.
33. OCCUPATIONAL HEALTH AND SAFETY
a) Management and staff are committed to both SRW policies and procedures relating to Occupational Health and
Safety and the requirements of the Occupational Health and Safety Act 2004 and Regulations, or as amended from
time to time.
b) Management and staff will ensure that all employees are provided with a healthy and safe place in which to work,
enabling staff to maximise productivity, and reduce the risk of injuries, stress, and work related absences. SRW
acknowledges its legal duties and responsibilities in this area and will report to employees on a regular basis on
relevant health and safety issues.
33.1. Workers compensation leave
a) Where an Employee is absent from duty as a result of sustaining an injury in respect of which the Employee is
entitled to weekly payments of compensation under the Accident Compensation Act 1985 (Vic) or Workplace Injury
Rehabilitation and Compensation Act 2013, the Employee will be entitled to accident make up pay equivalent to his
or her normal salary less the amount of weekly compensation payments.
b) SRW will continue to provide accident make up pay to the Employee for a period of 52 weeks, or an aggregate of
261 working days, or an aggregate of 1984 hours, unless employment ceases.
c) An entitlement to accident make up pay will cease at the end of a period of 52 weeks, or an aggregate of 261
working days, or when employment ceases or when the benefits payable under the Accident Compensation Act
1985 (Vic) or Workplace Injury Rehabilitation and Compensation Act 2013 cease. No leave shall be granted under
this clause which is:
I. In excess of a continuous period of 52 weeks; or
II. In excess of an aggregate period of 52 weeks in respect of a particular injury or incapacity.
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d) An employee whose employment is terminated during a period for which leave had been granted under this clause
shall continue to be paid in accordance with this clause until the cessation of the period of leave which would have
been granted had the employment not been terminated. Such period of payment after termination shall not count
for the purposes of accrual of any other leave entitlements, nor shall count as a period of service for any purpose.
e) An employee who has been granted leave under this clause shall immediately notify SRW in writing of any claim for
damages instituted by the employee in connection with the injury to which such leave relates.
f) If an employee who has received leave under this clause obtains a judgment in settlement of a claim for damages in
connection with the injury for which such leave is granted, the employee shall repay any payments made under this
clause to the extent that the judgment or settlement specifically compensates the employee for payments made
under this clause.
34. COSTS OF EMPLOYMENT RELATED LEGAL EXPENSES
a) If an employee is required to attend a coroner’s inquest on matters which directly arise from the performance of
the employee’s duties, SRW must meet the employee’s reasonable legal costs relating to appearance at or
representation before the Coroner’s Court.
b) Where legal proceedings are initiated against an employee as a direct consequence of the employee legitimately
and properly performing his or her duties, SRW will not unreasonably withhold agreement to meet the employee’s
reasonable legal costs relating to the defense of such proceedings.
c) Where, as a direct consequence of the employee legitimately and properly performing his or her duties, it is
necessary to obtain an intervention order or similar remedy against a client, SRW will not unreasonably withhold
agreement to meet the employee’s reasonable legal costs in obtaining the order or other remedy.
d) An application to meet an employee’s reasonable legal costs will be dealt with expeditiously by the level of
management responsible for deciding the matter.
e) This clause includes, but is not limited to, a matter before a Royal Commission, Independent Broad-based Anti-
Corruption Commission, Ombudsman’s or a Coroner’s inquest.
35. PROFESSIONAL INDEMNITY INSURANCE
a) SRW will defend and indemnify the employee against any action, liability claim or demand arising out of anything
done by the employee in good faith in the course of his or her employment duties.
36. FACILITIES AND EQUIPMENT
a) SRW shall provide Employees with all such instruments, equipment, tools, stationery and furniture as may be
reasonably necessary for carrying out their work except as otherwise agreed between the Parties to this
Agreement.
b) SRW shall provide, in readily accessible locations, first aid equipment adequate for the nature of the Employee’s
duties.
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ATTACHMENTS
ATTACHMENT 1 – SRW SALARY RATES – 2022
WATER/BUSI.NESS/TECHNICAL
Classification LEVEL
SALARY
RATE
1 g 47,370.46
2 s 50,529 .. 48
3
Band A
s 54,201.45
4 s; 56,911 .08
5 .£ 59,761.1 4
6 s; 62,738.33
7 .£ 65,753.96
8 .s 67,369-68
BandB 9 $ 69,020.89
10 72,469.64
t 1 s 76,092.82
12 s 79,713.05
13
BandC
.s 83,704 .. 32
14 $ 87,887.7.7
15 .£ 92,27.9 .. 64
116 s 96,677.43
17 .£ 101,511 .30
BoodD 18 $ 103,999 .19
1'9 :Ii 106,583.17
20 :Ii 11 ·1 ,91373
21 :Ii 11 7,099 .. 43
Band E 22 $ 121,896 .34
23 S 126,736.13
Band F 24 ll 131,559 .65
SOUTHERN RURAL WATER
SALARY RATES
Effective at 10t h March 202.2
PROFESSIONAL
FORTINIGHTl Y HOURLY
Classification LEVEL RATE RATE
1,815_70 23.8909 - 1
1,935_79 25.4841 - 2
2 ,077.54 2 7..3360 - 3
2,181.40 28.7•26 - 4
2,290_64 30.14•0 ·- 5
2,404-75 3 1.64 15 - 6
2,520.34 33.1624 7
2,582.27 33.9773 8
2,645_56 34.8100 9
2,777-75 36.54'94 Band B 10
2,916.63 38.3767 ·j
3,055 .. 39 40.2025 12
3,2•1L38 42.2155 13
3,368.73 44.3254 14
3,537 .07 46.5404 Band C 15
3,7G5.64 48.7584 16
3,890.92 51.1963 17
3,986.28 52.4510 18
Band D
4 ,085.32 53.7542 '19
4 ,289.64 ·56.4426 20
4,488.41 59 .. 0580 2 1
4 ,67227 61.4773 Band E 22
4,857-78 63.9l82 23
5,042.67 66.3509 Band F 24
SALARY HOURLY
RATE RATE
.£ 65,753.96 33.1624
s 67,369_68 33.9773
s 69,020.89 34.81•0
$ 72,469_64 36.5494
s 76,092.82 38.3767
s 79,713.05 402 025
.s 83,704.32 422155
s 87,887.77 44.3254
_£ 92,279.64 46.5404
'.5 96,67743 48.7584
:¥; 101,51 1.30 51 .·1963
'.5 103,999 .19 52.4510
.S 106,583.17 53.7542
3 11 -1,913.73 56.44.26
!!I 11 7,099.43 59.0580
$ 12 "1, 896.34 61 .4773
~ 126.736 13 63.9 '182
:ti 13 '1,559.65 66.3509
SOUTHERN RURAL WATER SALARY RATES Effective at 10th March 2022 WATER/BUSINESS/TECHNICAL PROFESSIONAL Classification LEVEL SALARY FORTNIGHTLY |HOURLY Classification LEVEL SALARY HOURLY RATE RATE RATE RATE RATE 1 $ 47,370.46 1,815.70 23,8909 1 2 $ 50,529.48 1,936.79 25.4841 2 3 $ 54,201.45 Band A 2,077.54 27.3360 3 4 $ 56,911.08 2,181.40 28.7026 4 5 $ 59,761.14 2,290.64 30.1400 5 6 $ 62,738.33 2,404.75 31.6415 6 7 $ 65,753.96 2,520.34 33.1624 7 $ 65,753.96 33.1624 8 $ 67,369.68 2,582.27 33.9773 8 $ 67,369.68 33.9773 Band B 9 69,020.89 2,645.56 34.8100 9 $ 69,020.89 34.8100 10 $ 72,469.64 2,777.75 36.5494 Band B 10 $ 72,469.64 36.5494 11 $ 76,092.82 2,916.63 38.3767 11 $ 76,092.82 38.3767 12 $ 79,713.05 3,055.39 40.2025 12 $ 79,713.05 40.2025 Band C 13 $ 83,704.32 3,208.38 42.2155 13 $ 83,704.32 42.2155 14 $ 87,887.77 3,368.73 44.3254 14 $ 87,887.77 44.3254 15 $ 92,279.64 3,537.07 46.5404 Band C 15 $ 92,279.64 46.5404 16 $ 96,677.43 3,705.64 48.7584 16 $ 96,677.43 48.7584 17 $ 101,511.30 3,890.92 51.1963 17 $ 101,511.30 51.1963 Band D 18 $ 103,999.19 3,986.28 52.4510 $ 106,583.17 4,085.32 53.7542 Band D 18 $ 103,999.19 52.4510 19 19 $ 106,583.17 53.7542 20 $ 111,913.73 4,289.64 56.4426 20 $ 111,913.73 56.4426 21 $ 117,099.43 4,488.41 59.0580 21 $ 117,099.43 59.0580 Band E 22 $ 121,896.34 4,672.27 61.4773 Band E 22 $ 121,896.34 61.4773 23 $ 126,736.13 4,857.78 63.9182 23 $ 126,736.13 63.9182 Band F 24 $ 131,559.65 5,042.67 66.3509 Band F 24 $ 131,559.65 66.3509
Page 44
ATTACHMENT 2 – CLASSIFICATION BAND STANDARDS
BUSINESS SERVICES BAND A
Definition
Under direction, and using established procedures, perform a range of different activities associated with an
office environment.
Features
The tasks call for a knowledge and basic understanding of office practices and procedures, and related work
equipment. Initially the work is performed under close supervision, which is reduced as the occupant gains an
understanding of the work involved. As such experience, competence and familiarity with Corporate procedures
is gained, increasingly complex administrative tasks are undertaken, involving exercise of judgement with
prescribed guidelines and procedures, increasing the responsibility for accuracy/quality/timeliness of work
completed. There is some scope for decision making and independent control of activities within the work flow
of the area. Occupants require communication skills and an ability to work as a team member.
Qualifications and experience
No formal educational pre-requisites exist for entry to this band. Experience would generally be obtained from
educational studies and on-the-job training although it is expected that such employees would be familiar with
some office equipment and work practices.
BUSINESS SERVICES BAND B
Definition
Under limited direction, either supervise a small group of business services employees or work independently
supporting another work group, or work as part of a team, performing a broad range of different duties within an
office environment.
Features
The tasks requires knowledge and experience in office routines and an understanding of the types of tasks
performed requiring familiarity with legislation, policies and practices encompassing a mix of financial,
accounting, stores, personnel and general administration functions, and an ability to schedule work activities,
and determine priorities. As this work often involves liaison and communication between areas both internal and
external to the organization, good communication skills (including both oral and written) are required. In some
areas employees in this band may exercise low-level formal delegations. In larger sections, supervision of
employees may be required including the coordination of a work group, assessing the adequacy of work
standards and to provide training.
Qualifications and experience
Employees entering this band would either:
i. For positions identified as business graduates, possess a relevant qualification; or
ii. For other positions, possess at least three years of experience in one or more areas of administration;
and
iii. Have preferably commenced studies in an appropriate business course.
Key difference from Band A
The tasks to be performed in this band are similar to those of a Band A office but are more complex and may
involve supervision of employees. The employee would be expected to be familiar with the broad objectives of
the work group.
BUSINESS SERVICES BAND C
Definition
Within broadly stated objectives, manage a small discrete administrative/business function or supervise the
Page 45
operations of an organisational element, or act in a project-related role to achievement of corporate objectives.
Features
Working to broad guidelines, an employee would be expected to set standards of performance, and to adapt
procedures to improve efficiency and to resolve some of the more complex problems. The tasks call for a good
knowledge of a number of different job aspects, including a good understanding of legislation, policies and
practices encompassing a mix of financial, accounting, stores, personnel and general administrative functions.
Occupants in this band may be required to determine the daily work of the section, set priorities, assess training
needs and assess employee’s performance and counsel employees accordingly.
Occupants would be expected to undertake the more sensitive communication with other organisations and
members of the public. In some work units, the employee may exercise a broad range of medium level
delegations.
Qualifications and experience
Employees entering this band would have at least six years of relevant work experience, and, preferably to have
completed or undertaking studies in a relevant field of business management.
Key differences from Band B
There is greater latitude for this band employee to determine work activities and methods and/or to manage
employees. Employees in this band are more accountable for their actions and performance against approved
plans. They are required to determine employee needs and provide formal on-the-job training.
BUSINESS SERVICES BAND D
Definition
Within broad objectives, manage the operations of an organisational element, or act in a project-related role to
achieve a result consistent with the corporate goals of the organization.
Features
The work in this band involves the management of a group of employees engaged in the business administration
of the organization, or working on a project/number of projects, generally supporting senior management. In all
cases, such employee's performance will be assessed against identified objectives and targets, and they will be
accountable for such actions and work undertaken. The occupant would be required to review practices and
where applicable develop alternative programs. A person in this band would be considered an expert in their
field of work with many years of experience. They may be accountable for the preparation and monitoring of
budgets, the deployment of employees, training and counselling of employees.
Qualifications and experience
Employees in this band may have:
i. An appropriate tertiary qualification recognised by the appropriate institute, for positions exercising
statutory functions; or
ii. An approved tertiary qualification (or studies towards the completion of) supplemented by years of
relevant experience; or
iii. Extensive relevant experience.
iv. In addition, the employee should possess some years of relevant experience.
Page 46
Key Differences from Band C
Employees in this band undertake a greater management role and require a greater knowledge and
understanding of SRW corporate objectives. In most instances this position would be a first-line management
one. There is a greater requirement to modify practice because of the diverse and complex nature of the
functions managed.
BUSINESS SERVICES GRADE E
Definition
Within established corporate objectives, manage an operational unit providing a range of services and/or
undertake the analysis of complex work problems that contribute to the development of the policy framework.
Features
The work in this grade involves the management and direction of employees on a line or functional basis, usually
requiring the coordination of several distinct programs or functional activities, or undertaking specific
project/analysis work contributing to the development of policy. Normally there is a high component of
client/user contact requiring the ability to influence and convince other people on sensitive or complex matters.
In all cases, such employee's performance will be assessed against identified objectives and targets, and they will
be accountable for such actions and work undertaken. It is expected that such manager would determine the
immediate work priorities, work allocation, regularly review work practices and techniques and develop options.
A person in this grade would be considered an expert and one of the most authoritative in their field of work.
They may be accountable for preparation and monitoring of budgets, the performance of subordinate
employees, including appraisal, training and counselling.
Qualifications and experience
Employees in this grade may have:
i. An appropriate tertiary qualification recognised by the appropriate institute, for positions exercising
statutory functions; or
ii. An approved tertiary qualification (or studies towards the completion of) supplemented by years of
relevant experience; or
iii. Extensive relevant experience at a senior level.
iv. In addition, the employee should possess a substantial number of years of relevant experience.
Key differences from Band D
Employees in this grade are usually responsible for the management of a number of different activities within a
functional unit and require a greater knowledge and understanding of SRW corporate objectives. In most
instances employees in this band would initiate policy review, development and implementation. Positions
operate with a larger degree of independence.
BUSINESS SERVICES GRADE F
Definition
Within broad policy guidelines, manage a complex operating unit and/or undertake complex and significant
policy development activities.
Features
Positions usually would be accountable on a line, functional or advisory basis for a number of associated
operations, policies or practices requiring major ongoing integration. The work demands the conception,
identification and development of ideas and/or considering alternative courses of action, devising action plans
and advancing new approaches.
Managers would receive direction in terms of results to be achieved, with methods being suggested, but seldom
specified. In all cases, performance will be measured against identified objectives and targets.
Page 47
A person in this band would provide expert advice/opinion to senior management, and the stature of such advice
is that only other specialists would be competent to provide an alternative or challenge such. Would possess well
developed conceptual, analytical and inter- personal skills, with the ability to effectively represent SRW’s
interests, and ensure such are preserved.
Qualifications and experience
Employees in this grade may have:
i. An appropriate tertiary qualification recognised by the appropriate institute, for positions exercising
statutory functions; or
ii. An approved tertiary qualification (or studies towards the completion of) supplemented by years of
relevant experience; or
iii. Post graduate training in management or a specialty area; or
iv. Extensive relevant experience at a senior level in a specialty or functional area.
In addition to the above, it is expected that employees in this band would have undertaken a range of identified
management development programs.
Key differences from Grade E
Employees in this grade undertake more complex work that has a greater impact on policy/program
development and focus of SRW and/or manages a more diverse business function, requiring the coordination of
a number of significant work activities. Employees are also expected to make a positive contribution to corporate
performance and identification of new policies, programs and strategies. Employees would operate with a high
degree of autonomy.
PROFESSIONAL SERVICES BAND B
Definition
Under general direction and typically focused within a particular professional area of activity, performs a range of
interrelated professional services and project activities requiring the application of standard professional
principles, techniques and methods.
Features
The nature and scope of work undertaken requires a good understanding of relevant professional principles,
techniques and methods gained through tertiary studies and some work experience in their professional
application. Receives instructions and professional direction on work to be undertaken and broadly, on the
techniques and methods to be applied. Work is assessed on completion, for professional accuracy and quality,
and professional advice and guidance is always available to assist progress. The position may be required to
check the work of and assist technical employees or contractors. Work may involve the preparation of detailed
reports on project activities. Ongoing communication with peers and managers regarding project related issues
or to identify or recommend opportunities for the improvement of operating methods or procedures, is required
in this band.
Qualifications and experience
Employees in this band have completed a Degree in an appropriate field or are eligible for membership of an
approved professional body. Some relevant professional /industry experience is preferred in either case.
PROFESSIONAL SERVICES BAND C
Definition
Under limited direction and in terms of work objectives defined by management, either work independently on a
diverse range of professional services and related project activities, or provide professional advice and
information in a particular area of expertise.
Features
The nature and scope of the work undertaken requires an enhanced knowledge and understanding of
Page 48
professional principles, techniques and methods and their application to the analysis of issues and problems and
the recommendation appropriate courses of action. A good understanding of related fields of work, cost and
quality considerations would be expected. Incumbents would also be required to apply their professional
expertise to the investigation and introduction of new and improved operating methods and procedures.
Tasks of a novel, complex or critical nature would normally require a greater degree of support from a more
experienced employee. The position may be used as a point of advice and reference in a particular professional
area, which would involve liaison with peers, managers, other professional groups and other organisations and
ongoing professional development in the area.
Qualifications and experience
Employees entering this band have completed a Degree in an appropriate field or are eligible for membership of
an approved professional body, normally combined with at least six years of relevant professional/industry
experience.
Key Differences from Band B
Direction is generally in the form of defined objectives rather than specific tasks or projects to be undertaken.
Employees in this band are capable of working on a diverse range of professional activities and able to respond
to complex issues and problems. Professional liaison is at an advanced band and would include external
authorities and clients. Employees are more accountable for performance against plans and the provision of
professional guidance and monitoring or supervising of the work of others is a more frequent requirement.
PROFESSIONAL SERVICES BAND D
Definition
Management of a professional group or of significant projects or programs, to achieve defined objectives and
performance targets or provide authoritative advice in a professional area.
Features
The nature and scope of work requires significant professional expertise and extensive experience in the
professional area. Broad objectives are defined in this band and performance is measured in terms of the
achievement of those objectives.
Professional and business management expertise is applied to the resolution of complex professional and
business problems and to effective project/program management. The management task requires incumbents in
this band to negotiate resource allocation issues and to maximise the utilisation and development of professional
employees. Incumbents would be required to apply innovative strategies to professional and resource
management issues with programs managed, or in the area of expert advice provided. The incumbent would
liaise internally and with outside organisations on matters of considerable complexity and importance. In this
band, incumbents would develop techniques and processes that will affect the way work is performed beyond
the immediate work environment. Advice provided in the area of expertise would be regarded as authoritative in
that field.
Qualifications and experience
Employees in this band have completed a Degree in an appropriate field or are eligible for membership of an
approved professional body. Employees would preferably have completed or would be undertaking relevant post
graduate studies and would have extensive experience in the area or at an appropriate professional level.
Key differences from Band C
Employees in this band are expected to simultaneously manage a number of projects or components of
programs and make more significant professional input into their conduct. Considerable professional expertise is
required to develop and adapt techniques and approaches, contribute to policy formulation, guide professional
employees in their work, and represent SRW. The incumbent would be expected to understand and monitor the
impact of current professional and industry trends, possess business management skills and have a greater
understanding and appreciation of the strategic direction of SRW.
Page 49
PROFESSIONAL SERVICES GRADE E
Definition
Management of an operational unit or significant multi-disciplinary program(s) toward achievement of corporate
objectives and performance targets, or provide authoritative professional advice on behalf of SRW.
Features
The nature and scope of work requires the management of professional employees on a line or functional basis.
Significant professional and management expertise is required to direct complex operations and activities, and to
provide a high level of authoritative advice in a professional area. Incumbents would represent SRW both
nationally and internationally in their field of expertise. In this band, performance is measured in terms of
achievement towards corporate objectives and targets and incumbents would be involved in their development.
The management task requires incumbents in this band to determine and monitor progress against work plans
and priorities, the incumbent would be called upon to provide professional guidance, advice and opinion across
SRW. Typically, there is a high component of client/user contact, requiring the ability to influence and convince
others on sensitive or complex matters.
Qualifications and experience
Employees in this band have completed a Degree in an appropriate field or are eligible for membership of an
approved professional body. Employees would preferably have completed relevant post graduate studies and
would have extensive professional experience or senior management experience.
Key differences from Band D
Employees in this band are typically required to simultaneously manage a number of different functions,
operations or programs, whose output contributes directly to the achievement of corporate objectives.
Incumbents would initiate policy/strategy development and would be involved in the development of corporate
policy. Significant professional expertise is required to support the provision of authoritative advice and opinion
on behalf of SRW. Incumbents would be well informed regarding relevant industry initiatives and developments,
and able to advise SRW on their impact and/or implementation.
PROFESSIONAL SERVICES GRADE F
Definition
The management of a significant multi-disciplinary operational unit or program(s) which impacts on the
achievement of corporate objectives and performance targets, or provides a high level of strategic advice which
is authoritative in the industry
Features
The nature and scope of work emphasises line, functional or advisory accountability with key corporate
performance requirements. Incumbents would represent SRW both nationally and internationally and would be
recognised in the industry in their area of professional expertise. Incumbents in this band would undertake
complex and significant policy development activities at a corporate level and in their area of accountability. The
work demands the conception, identification and development of alternative and new approaches.
The management task in this band requires the development and direction of operating plans and budgets, and
the monitoring of performance against objectives and targets. Incumbents would possess well developed
conceptual, analytical and interpersonal skills, with the ability to effectively represent SRW.
Qualifications and experience
Employees in this band have completed a Degree in an appropriate field or are eligible for membership of an
approved professional body. Employees would preferably have completed post graduate studies and have
management and extensive senior professional experience to support the stature of advice and management in
this band.
Key differences from Grade E
Employees in this band are typically required to manage more complex operations and programs, with a greater
impact on corporate performance. Work in this band involves the conceptualisation and development of new
approaches and strategies, and a greater involvement in corporate policy development. The stature of advice
Page 50
provided in this band is strategic in nature and recognised at an industry level. Incumbents would advise on the
corporate impact of professional and industry developments and initiatives.
TECHNICAL SERVICES BAND A
Definition
Under supervision, performs simple to straightforward technical or related tasks using well established
techniques and practices.
Features
The tasks call for some subject matter knowledge and some minor decision making within the confines of that
knowledge. Direction is regular in that a person is told what is to be done and is given any necessary guidance on
how to do it. Work is under regular inspection or technical supervision and the final product is usually checked.
Occupants require communication skills (and where appropriate written skills), with clients, members of the
public, supervisors and other employees, as well as the ability to work as a team member.
Qualifications and Experience
Employees in this band would possess certain pre-entry educational requirements relative to the field of work,
usually a minimum standard of Year 11 with passes in prescribed and relative subjects. They, after initial
induction and on-the-job training, is expected to progress toward appropriate certificate studies.
TECHNICAL SERVICES BAND B
Definition
Under general supervision and generally focused within a single functional area, performs a range of interrelated
technical activities which are usually fairly straightforward, or requiring adoption of alternative methods and
practices.
Features
Receives technical instructions on what is required, on the method of approach and on unusual or difficult
features from a higher grade technical officer or professional officer or in the form of recorded guidelines such as
manuals or prescriptions. Work is normally subject to progress checks usually confined to the unusual or difficult
aspects. Assignments are assessed on completion or, alternatively, the progress and quality of work is open to
assessment by a more senior officer without specific checking. Technical knowledge held usually enables work to
be performed without close guidance. Work frequently involves the performance of a variety of technical tasks
and activities which are not straightforward. The position would usually be focused within one functional area
but may be required to assist in other related areas. Work may involve the preparation of written or oral reports
on operational aspects which could be used for the refinement or further development of guidelines,
prescriptions, methodologies, programs or plans.
Qualifications and experience
Employees entering this band would normally have completed a Certificate of Technology or equivalent in the
relevant field supplemented with at least three years relevant experience.
Key differences with Band A
Technical tasks in this band are more difficult, often a variety of tasks is involved and tasks performed under less
supervision, although detailed instruction can still be given. As tasks in this band tend to be difficult, an ability to
adapt work practices accordingly and use of judgmental/initiative skills are required. Supervision of employees is
common in this band.
TECHNICAL SERVICES BAND C
Definition
Under general technical direction, employees either supervise a group of employees or work independently, to
undertake a variety of technical activities requiring initiative and judgement in the application of established
Page 51
principles, techniques and methods, and/or in assessing and recommending changes to standard operational
procedures and guidelines.
Features
Employees in this band would either be supervising a group of technical employees in the achievement of stated
objectives or be considered as a specialist engaged on project type work. Instruction or direction is fairly broad
and the occupant would be required to complete all works within agreed standards. It would be expected that
considerable authority would rest with employees in this band including the deployment of employees.
Employees would be expected to have a good understanding of related fields that impact on their work (e.g.:
Scientific, Geology, Engineering). Employees could be seen as expert in their particular field, and be used as a
reference on the subject matter. This would involve interaction with other related technical groups, customers
and the public. The occupant would be expected to keep abreast of developments in his/her field of work.
Employees entering this band would normally have completed a relevant Certificate and normally have made
substantial progress towards completion of a Diploma in the relevant field or equivalent supplemented with at
least six years relevant experience.
Key differences with Band B
Instructions are generally in the form of a clear statement of objectives rather than being told the tasks to be
performed. Officers in this band are competent to perform a variety of activities involving special or unusual
features or resolve technical problems. Employees in this band tend to have greater liaison/interaction with
external authorities/clients and are more responsible for performance results against plans.
TECHNICAL SERVICES BAND D
Definition
Position would be considered a management position and operate under broadly specified objectives which
would supervise a group of employees undertaking technical activities.
Employees would also be involved in the business management of the group.
Features
Instructions are normally received in the form of broadly stated objectives; a technical officer in this band would
contribute to the determination of those objectives; conformity with instructions is measured in terms of the
achievement of broadly stated objectives. In this band a person has extensive technical experience and rarely
receives guidance; advice provided in relation to a person's field of expertise would be regarded as authoritative
in that field. Work performed in this band shall involve extensive complexity. Officers could be required to
resolve a wide range of problems of both technical and business nature and to compete for/allocate resources.
Employees would also be required to consult with external persons/bodies regarding matters of considerable
complexity and importance. In this band, could recommend solutions and/or develop techniques or processes
which shall affect the way work is performed beyond the immediate work environment.
Qualifications and experience
Employees in this band would normally have completed a Diploma in an appropriate technical field
supplemented with extensive relevant experience. In addition, employees would preferably be undertaking
further technical or business related studies.
Key differences from Band C
The technical nature of the work is more specialist/complex in nature and hence guidance is limited to areas
outside his/her own area of expertise. Employees would be responsible and accountable for significantly greater
resources than employees in Band C.
WATER SERVICES BAND A
Definition
Under direction, and using established procedures, perform a range of different activities relating to the
establishment, operation, maintenance and rehabilitation of water supply systems.
Page 52
Features
The tasks call for a knowledge and understanding of the system's establishment and operation. Work in this band
provides scope for some decision making and independent control of activities relating to routine matters.
Decisions on operational matters would generally be made by supervisors. Occupants require communication
skills (and where appropriate written skills), with clients, members of the public, supervisors and other
employees, as well as the ability to work as a team member.
Qualifications and experience
While no minimum schooling qualification pre-requisites exist, it is preferred that applicants would possess
either Year 11 or an equivalent qualification, together with some experience. If an employee is required, as a part
of his/her duties, to undertake duties requiring a specific certificate or qualification, such must be possessed by
the employee concurrently, together with appropriate experience.
WATER SERVICES BAND B
Definition
Under general direction, and using established procedures and guidelines, perform a broad range of different
activities within a section of the water supply system, or supervise a small unit by monitoring work standards and
practices and preparing the unit's works program, or manage the operations of a Water Storage; or undertake
technical related work associated with such water system.
Features
The tasks call for a good knowledge of the system, including any special features, and an ability to schedule work
activities, determine priorities and prepare cost estimates. Receives instruction on what is required, on the
method of approach and on unusual or difficult features from a higher grade employee, or in the form of
recorded guidelines such as manuals or prescriptions. Work in this band often requires the coordination of
operational and maintenance activities of employees or the performance of a number of inter-related activities
within an overall activity. Occupants may resolve disputes between employees and clients or attend public
meetings to explain SRW procedures. Occupants may assess the adequacy of work standards and provide
training in technique.
Qualifications & experience
Employees entering this band, and depending upon his/her stream of work, would normally have made
substantial progress towards completion of an appropriate Certificate supplemented by at least three years
relevant experience.
Key differences from Band A
The work of a Band B employee requires a more comprehensive knowledge of the system and there is greater
latitude to determine work activities and methods, to plan and program work, to operate computer-based
systems, to supervise employees and to provide on-the-job training and guidance. There is a requirement to
initiate and recommend improvements to the system that will also require the use of judgmental/initiative skills.
WATER SERVICES BAND C
Definition
Under limited direction, manage a range of activities within a small district, or a specific function within a larger
district, or manage the operations of a project or storage of large size and complexity.
Features
Working to broad guidelines, employees would be expected to set standards of performance, and to adapt
procedures to accommodate local conditions or to improve efficiency. The tasks call for knowledge of a number
of different water supply systems or structures, or the operation and maintenance of complex equipment, or to
possess technical knowledge relating to water services.
Employees could be seen as having significant expertise in their particular field, and be used as a reference on
the subject matter. This could involve interaction with other related fields, groups, customers and the public. An
Page 53
occupant would be expected to resolve problems encountered on-site, and to recommend changes that would
improve the unit's productivity. The works program may include components of construction, minor and major
maintenance, and operations, and be varied by the occupant, in response to changes in priorities, environmental
conditions or availability of funds. Employees in this band are required to determine the daily work activities of
the unit, project or storage and have responsibility for formulating and monitoring the works program and
budget. Employees may chair committee meetings or hold discussions with Water Boards and Advisory
Committees to ascertain operational requirements and resolve service delivery problems. Personnel matters
such as employee selection and training, the preparation of rosters and the deployment of employees are
managed in this band. The occupant would be expected to keep abreast of developments in his/her field of work.
Qualifications and experience
Employees entering this band would normally have completed a relevant Certificate, and may have progressed
toward a Level IV Certificate, supplemented by at least six years of relevant experience.
Key differences from Band B
There is greater latitude for the Band C employee to determine work activities and methods and to manage
employees. Instructions are generally in the form of a clear statement of objectives rather than being told the
tasks to be performed. Components of the water supply system are more complex to operate and maintain, or
are more varied, and there is a requirement to recommend improvements to the system. The Band C employee
is required to determine needs and provide formal on-the-job training for subordinates.
WATER SERVICES BAND D
Definition
Within broadly specified objectives, manage the operations of a medium to large complex district.
Features
The work in this band involves the management of a diverse and inter-related system employing a broad range of
personnel. There may be features that add to the complexity of operations, such as the use of natural carriers, or
there may be a requirement to develop new procedures that are then applied in other districts. Features that
may not be present in smaller districts include extensive commercial enterprise, storages, salinity control works
and flood mitigation. The employee would participate in, or chair, Advisory Committee meetings, and represent
the Corporation on inter agency negotiations. Employees shall determine the district works program, resolve
conflicting priorities between functional areas, coordinate activities and deploy employees. The position involves
employee management and the assessment of work standards and provision of training.
Qualifications and experience
Employees in this band would normally have completed a Level IV Certificate, supplemented by extensive
operational and supervisory experience.
Key differences from Band C
The Band D employee is required to manage a number of different functions within a district. An extensive
knowledge of the functions managed is required to permit the adaptation of existing procedures to changing
circumstances, and an involvement in policy development. There is a greater requirement to modify practice
because of the diverse and complex nature of the functions managed. The approach to problem solving in less
structured, and entails the consideration of several options. Employees have a high public profile.
Page 54
SIGNATORIES
For and on behalf of Southern Rural Water (SRW)
ABN: 70 801 473 421
Name: Cameron FitzGerald
Position: Managing Director
Address: PO Box 153 (88 Johnson Street)
Maffra VIC 3860
Signature: ___________________________________________ Date: _______________________________
For and on behalf of Community and Public Sector Union (CPSU)
ABN: 38 968 067 748
Name:
Position:
Address:
Signature: ___________________________________________ Date: _______________________________
For and on behalf of Australian Workers’ Union (AWU)
ABN: 17 106 150 504
Name:
Position:
Address:
Signature: ___________________________________________ Date: _______________________________
20/10/2022
igned by: meron FitGerald 3A69DACEB94FFBE
S 1- 7:
BraddenT
Stamp
BraddenT
Stamp
FWC Matter No.: AG2022/4490
Applicant: Southern Rural Water (SRW)
Section 185 – Application for approval of a single enterprise agreement
Undertaking – Section 190
I, Cameron FitzGerald, Managing Director for Southern Rural Water, have the authority
given to me by Southern Rural Water to give the following undertakings with respect to the
Southern Rural Water (SRW) Enterprise Agreement 2022 ("the Agreement"):
1. That clause 24.2 (b) of the Agreement be read as follows:
(b) For the purpose of this part of this Clause: Afternoon shift means any shift finishing after
6.00 p.m. and at or before midnight. Night shift means any shift finishing after midnight and
at or before 8.00 a.m.
2. Any Band A Level 1 part time or casual employee will be paid overtime at a rate of 150%
of the minimum hourly rate for the first two hours and 200% of the minimum hourly rate
thereafter for each occurrence of overtime worked Monday to Saturday (inclusive). Overtime
worked on a Sunday will be paid at 200% of the minimum hourly rate.
3. That clause 15.4 (a) of the Agreement be read as follows:
a) A part-time employee is one who is engaged on a regular and continuing basis for less
than the ordinary hours of work (38 hours per week) - the number of hours being fixed and
constant and agreed by the employee and the SRW. Any variation to the hours of work must
be by agreement between the SRW and the part-time employee and recorded in writing.
SRW will roster a part-time employee for a minimum of 3 consecutive ordinary hours on any
shift. Any time worked in excess of agreed ordinary hours shall be paid in accordance with
clause 24.5. All entitlements of this Agreement will be received on a pro rata basis.
These undertakings are provided on the basis of issues raised by the Fair Work Commission
in the application before the Fair Work Commission.
CAMERON FITZGERALD
Managing Director
7 November 2022
~ 1300 139 510 ~ srw@srw.com.au @ www.srw.com.au
{,V Post Office Box 153 Maffra Victoria, 3860
Southern Rural Water 300 138 5 0 www.erw.com.au 9) Post Office Box :53 Maffra Victoria, 3850
CR 1300 139 510 srw@srw.com.au www.srw.com.au Post Office Box 153 Maffra Victoria, 3860