1
Fair Work Act 2009
s.185—Enterprise agreement
Victorian Hospitals’ Industrial Association
(AG2022/4524)
DENTAL THERAPISTS, DENTAL HYGIENISTS AND ORAL HEALTH
THERAPISTS’ (VICTORIAN PUBLIC SECTOR) (SINGLE INTEREST
EMPLOYERS) ENTERPRISE AGREEMENT 2022-2023
Health and welfare services
DEPUTY PRESIDENT MASSON MELBOURNE, 8 NOVEMBER 2022
Application for approval of the Dental Therapists, Dental Hygienists and Oral Health
Therapists’ (Victorian Public Sector)(Single Interest Employers) Enterprise Agreement 2022-
2023
[1] An application has been made for approval of an enterprise agreement known as the
Dental Therapists, Dental Hygienists and Oral Health Therapists’ (Victorian Public
Sector)(Single Interest Employers) Enterprise Agreement 2022-2023 (the Agreement). The
application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made
by the Victorian Hospitals’ Industrial Association. The Agreement is a single enterprise
agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this
application for approval have been met.
[3] The Community and Public Sector Union being a bargaining representative for the
Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In
accordance with s.201(2) I note that the Agreement covers the organisation.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
15 November 2022. The nominal expiry date of the Agreement is 30 April 2023.
[2022] FWCA 3918
DECISION
FairWork
Commission
* AUSTRALIA FairWork Commission
[2022] FWCA 3918
2
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE518102 PR747711
FAIR W. .41 NOIS.
HI ŽEAL
RI COMMIS AUSTRALIA
1
DENTAL THERAPISTS,
DENTAL HYGIENISTS AND
ORAL HEALTH
THERAPISTS’ (VICTORIAN
PUBLIC SECTOR)(SINGLE
INTEREST EMPLOYERS)
ENTERPRISE AGREEMENT
2022 - 2023
PART A – PRELIMINARY 2
PART A – APPLICATION AND OPERATION OF
THE AGREEMENT
1 Titles
This agreement shall be known as the Dental Therapists, Dental Hygienists and Oral Health
Therapists’(Victorian Public Sector)(Single Interest Employers) Enterprise Agreement 2022-
2023.
2 Index
A
Accident Make-Up Pay ....................................................... 34
Annual Leave ..................................................................... 46
Anti-Discrimination .............................................................. 7
B
Breastfeeding ..................................................................... 72
C
Cashing Out of Annual Leave ............................................. 48
Casual Conversion .............................................................. 27
Casual Employment – Caring Responsibilities ................... 52
Classification Descriptors ................................................... 82
Clinical Quality, Clinical Audit and Peer Review ................. 80
Clinical Skills Enhancement/Job Rotation .......................... 85
Community Services Leave ................................................ 77
Compassionate Leave ........................................................ 57
Competencies – Dental Therapists, Dental Hygienists & Oral
Health Therapists .......................................................... 84
Conditions of Service ......................................................... 25
Consultation......................................................................... 9
Continuing Professional Development Allowance ............. 79
Cultural and Ceremonial Leave .......................................... 76
D
Definitions ........................................................................... 6
Discipline............................................................................ 19
Dispute Resolution Procedure ........................................... 17
Dual Qualification Allowance ............................................. 37
E
Excessive Leave Accruals.................................................... 48
Expenses ............................................................................ 37
F
Family Violence Leave ........................................................ 55
Fitness for Work ................................................................. 53
Flexible Working Arrangements ........................................ 23
H
Higher Duties ..................................................................... 42
Hours of Work .................................................................... 38
I
Incidence & Coverage .......................................................... 7
Incidental and Peripheral Duties ........................................ 86
Individual Flexibility Arrangement ..................................... 22
J
Job Sharing ......................................................................... 86
Jury Service ........................................................................ 78
L
Long Service Leave ............................................................. 72
M
Meal Breaks and Tea Breaks .............................................. 38
PART A – PRELIMINARY 3
N
No Extra Claims .................................................................... 7
Notice Provisions ............................................................... 31
Notification of Classification .............................................. 82
O
On-call/Recall ..................................................................... 41
Operation of Agreement ...................................................... 7
Overtime ............................................................................ 39
P
Payment ............................................................................. 33
Performance Appraisal ...................................................... 80
Personal Leave ................................................................... 50
Pre-Adoption Leave ........................................................... 58
Pre-Natal Leave .................................................................. 58
Professional Development Leave....................................... 79
Protective Gowns ............................................................... 37
Public Holidays ................................................................... 44
Purchased Leave ................................................................ 50
R
Redundancy and Associated Entitlements ......................... 12
Relationship to Previous Agreements, Awards and the
National Employment Standards .................................... 8
Remuneration .................................................................... 33
Rostering or Work Schedule .............................................. 38
S
Salary Packaging ................................................................ 34
Salary Progression Criteria ................................................. 85
Saturday and Sunday Work ................................................ 39
Savings ................................................................................. 7
Secondment ....................................................................... 86
Shift Work .......................................................................... 39
Superannuation ................................................................. 33
T
Transition to Retirement.................................................... 31
Types of Employment ........................................................ 25
V
Value Based Oral Health Care ............................................ 81
PART A – PRELIMINARY 4
3 Arrangement
Clause Page
PART A – APPLICATION AND OPERATION OF THE AGREEMENT 2
1 Titles 2
2 Index 2
3 Arrangement 4
4 Definitions 6
5 Incidence & Coverage 7
6 Operation of Agreement 7
7 Savings 7
8 No Extra Claims 7
9 Anti-Discrimination 7
10 Relationship to Previous Agreements, Awards and the National Employment Standards 8
PART B – CONSULTATION, DISPUTE RESOLUTION PROCEDURE AND DISCIPLINE 9
11 Consultation 9
12 Redundancy and Associated Entitlements 12
13 Dispute Resolution Procedure 17
14 Discipline 19
15 Individual Flexibility Arrangement 22
16 Flexible Working Arrangements 23
PART C – TYPES OF EMPLOYMENT, COMMENCEMENT OF EMPLOYMENT AND END OF
EMPLOYMENT 25
17 Conditions of Service 25
18 Types of Employment 25
19 Casual Conversion 27
20 Notice Provisions 31
21 Transition to Retirement 31
PART D - WAGES 33
22 Remuneration 33
23 Payment 33
24 Superannuation 33
25 Salary Packaging 34
26 Accident Make-Up Pay 34
PART E - ALLOWANCES AND REIMBURSEMENTS 37
PART A – PRELIMINARY 5
27 Dual Qualification Allowance 37
28 Expenses 37
29 Protective Gowns 37
PART F – HOURS OF WORK AND RELATED MATTERS 38
30 Hours of Work 38
31 Rostering or Work Schedule 38
32 Meal Breaks and Tea Breaks 38
33 Shift Work 39
34 Saturday and Sunday 39
35 Overtime (including meal allowance) 39
36 On-call/Recall 41
37 Higher Duties 42
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 44
38 Public Holidays 44
39 Annual Leave 46
40 Cashing out of Annual Leave 48
41 Excessive Leave Accruals 48
42 Purchased Leave 50
43 Personal Leave 50
44 Casual Employment – Caring Responsibilities 52
45 Fitness for Work 53
46 Family Violence Leave 55
47 Compassionate Leave 57
48 Pre-Natal Leave 58
49 Pre-Adoption Leave 58
50 Parental Leave 58
51 Breastfeeding 72
52 Long Service Leave 72
53 Cultural and Ceremonial Leave 76
54 Community Services Leave 77
55 Jury Service 78
PART H – EDUCATION AND RELATED MATTERS 79
56 Continuing Professional Development Allowance 79
57 Professional Development Leave 79
58 Clinical Quality, Clinical Audit and Peer Review 80
PART A – PRELIMINARY 6
59 Performance Appraisal 80
PART I – VALUE BASED ORAL HEALTH 81
60 Value Based Oral Health 81
PART J – CLASSIFICATION AND COMPETENCIES 82
61 Notification of Classification 82
62 Classification Descriptors 82
63 Competencies 84
64 Salary Progression Criteria 85
65 Clinical Skills Enhancement/Job Rotation 85
66 Secondment 86
67 Incidental and Peripheral Duties 86
68 Job Sharing 86
SIGNATURES 87
Appendix One – List of Employers 88
Appendix Two - Remuneration 89
Appendix Three – Salary Progression Criteria Table 90
Appendix Four – Flexible Working Arrangements Information Statement 93
4 Definitions
4.1 CPSU means the Community & Public Sector Union;
4.2 Dental Clinic means any public dental clinic whether fixed or mobile;
4.3 Dental Hygienist for the purpose of this agreement means a person with current registration
as a dental hygienist with the Dental Board of Australia or successor;
4.4 Dental Therapist for the purpose of this agreement means a person with current registration
as a dental therapist with the Dental Board of Australia or successor;
4.5 Employee means either a Dental Therapist, Dental Hygienists or Oral Health Therapist who
is employed by an Employer listed in Appendix One of this Agreement;
4.6 FWC and the Commission means Fair Work Commission;
4.7 Hourly rate means one thirty-eighth of the appropriate weekly rate for the relevant
classification;
4.8 Immediate Family means:
(a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the
Employee; or
(b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the
Employee.
Note: Spouse includes a former spouse. A de facto partner means a person who lives with
lives with the employee in a relationship as a couple on a genuine domestic basis (whether
PART A – PRELIMINARY 7
the employee and the person are of the same sex or different sexes) and includes a
former de facto partner of the Employee.
4.9 Oral Health Therapist for the purpose of this agreement means a person with current
registration as both a Dental Therapist and Dental Hygienist with the Dental Board of
Australia or successor or with current registration as an Oral Health Therapist
4.10 Service or Employer unless the context otherwise indicates or requires, means relevant
service before and/or after commencement of this agreement in any one or more Victorian
public health service or registered community health centres.
5 Incidence & Coverage
5.1 This agreement covers:
(a) The Employers listed in Appendix One;
(b) Employees who are employed in the capacity of Dental Therapists, Dental Hygienists
and Oral Health Therapists who are employed by the employers listed Appendix One.
(c) The Community and Public Sector Union as a bargaining representative for the
Agreement entitled to be covered by the Agreement in accordance with section 183 of
the Fair Work Act 2009.
6 Operation of Agreement
6.1 This Agreement shall come into effect 7 days from the date of approval by Fair Work
Commission and shall remain in force until 30 April 2023.
7 Savings
7.1 Nothing in this Agreement shall affect any condition of employment which is superior to any
term or condition pursuant to this agreement which an Employee was entitled to immediately
prior to this Agreement coming into effect.
7.2 A dispute or grievance that is being considered pursuant to clause 13 of the Victorian Public
Health Sector (Dental Therapists, Dental Hygienists and Oral Health Therapists’) Enterprise
Agreement 2018 -2022 at the time this Agreement commences operation may continue to be
considered pursuant to clause 13 of this Agreement.
8 No Extra Claims
8.1 The Parties undertake that during the life of this Agreement there shall be no further wage
increases sought or granted except as provided for under the terms of this Agreement.
9 Anti-Discrimination
9.1 It is the intention of the Parties to this Agreement to achieve the principal object in section
3(e) of the Fair Work Act 2009 through respecting and valuing the diversity of the workforce
by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual
PART A – PRELIMINARY 8
preference, age, physical or mental disability, marital status, family responsibilities,
pregnancy, religion, political opinion, national extraction or social origin.
9.2 Accordingly, in fulfilling their obligations under the procedures in clause 13 (Dispute
Resolution Procedure), the Parties must make every endeavour to ensure that neither the
Agreement provisions nor their operation are directly or indirectly discriminatory in their
effects.
9.3 Nothing in this clause is to be taken to affect.
(a) any different treatment (or treatment having different effects) which is specifically
exempted under the Commonwealth anti-discrimination legislation;
(b) an Employee, Employer or Registered Organisation pursuing matters of discrimination
in any State or Federal jurisdiction, including by application to the Human Rights and
Equal Opportunity Commission;
(c) any exemptions provided under the Fair Work Act 2009.
10 Relationship to Previous Agreements, Awards and the
National Employment Standards
10.1 This is a comprehensive agreement that operates to the exclusion of any award or enterprise
agreement which may apply to the employees covered by this agreement.
10.2 This Agreement is not intended to exclude any part of the NES or to provide any entitlement
which is detrimental to an Employee’s entitlement under the NES. For the avoidance of
doubt, the NES prevails to the extent that any aspect of this Agreement would otherwise be
detrimental to an Employee.
PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 9
PART B – CONSULTATION, DISPUTE RESOLUTION
PROCEDURE AND DISCIPLINE
11 Consultation
Nothing in this clause limits the Employer’s obligations to consult with HSRs under the OHS
Act.
11.1 Consultation regarding major change
(a) Where an Employer proposes a major workplace change that may have a significant
effect on an Employee or Employees, the Employer will consult with the affected
Employee/s, the Union, and the Employee’s other chosen representative (where
relevant) before any proposed change occurs.
(b) Workplace change includes (but is not limited to) technological change.
(c) Consultation will include those who are absent on leave including parental leave.
(d) The Employer will take reasonable steps to ensure Employees, HSRs (where relevant)
and the Union can participate effectively in the consultation process.
11.2 Definitions
Under this clause 11:
(a) Consultation means a genuine opportunity to influence the decision maker, but not
joint decision making. It is not merely an announcement as to what is about to happen.
(b) Affected employee means an Employee on whom a major workplace change may
have a significant effect.
(c) Major change means a change in the Employer’s program, production, organisation,
physical workplace, workplace arrangements, structure or technology that is likely to
have a significant effect on Employees.
(d) Significant effect includes but is not limited to:
(i) termination of employment;
(ii) changes in the size, composition or operation of the Employer’s workforce
(including from outsourcing) or skills required;
(iii) alteration of the number of hours worked and/or reduction in remuneration;
(iv) changes to an Employee’s classification, position description, duties or reporting
lines;
(v) the need for retraining or relocation/redeployment/transfer to another site or to
other work;
(vi) removal of an existing amenity;
(vii) the removal or reduction of job opportunities, promotion opportunities or job
tenure.
(e) Measures to mitigate or avert may include but are not limited to:
(i) redeployment;
PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 10
(ii) retraining;
(iii) salary maintenance;
(iv) job sharing; and / or
(v) maintenance of accruals.
11.3 Consultation Steps and Indicative reasonable timeframes
(a) Consultation includes the steps set out below.
(b) Timeframes for each step must allow a party to consultation (including a
representative) to genuinely participate in an informed way having regard for all the
circumstances including the complexity of the change proposed, and the need for
Employees and their representative to meet with each other and consider and discuss
the Employer’s proposal.
(c) The following table makes clear the relevant steps and indicative timeframes for the
consultation process.
Step Action Timeframe
1. Employer provides change
impact statement and other
written material required by sub-
clause 11.4
2. Written response from
Employees and / or union
14 days of step 1
3. Consultation meeting/s convened 7-14 days of step 2
4. Further Employer response
(where relevant)
After the conclusion of
step 3
5. Alternative proposal from
Employees or Union
14 days of step 4
6. Employer to consider alternative
proposal/s consistent with the
obligation to consult and, if
applicable, to arrange further
meetings with Employees or
Union prior to advising outcome
of consultation
14 days of step 5
11.4 Change Impact Statement (Step 1)
Prior to consultation required by this clause, the Employer will provide affected
Employee/and Union with a written Change Impact Statement setting out all relevant
information including:
(a) the details of proposed change;
(b) the reasons for the proposed change;
PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 11
(c) the possible effect on Employees of the proposed change on workload and other
occupational health and safety impacts;
(d) where occupational health and safety impacts are identified, a risk assessment of the
potential effects of the change on the health and safety of Employees, undertaken in
consultation with HSRs, and the proposed mitigating actions to be implemented to
prevent such effects;
(e) the expected benefit of the change;
(f) measures the Employer is considering that may mitigate or avert the effects of the
proposed change;
(g) the right of an affected Employee to have a representative including a Union
representative at any time during the change process; and
(h) other written material relevant to the reasons for the proposed change (such as
consultant reports), excluding material that is commercial in confidence or expose the
Employer to unreasonable legal risk or cannot be disclosed under the Health Services
Act 1988 or other legislation.
11.5 Employee / Union response (step 2)
Following receipt of the change impact statement, affected Employees and / or the Union
may respond in writing to any matter arising from the proposed change.
11.6 Meetings (step 3)
(a) As part of consultation, the Employer will meet with the Employee/s, the Union and
other nominated representative/s (if any) to discuss:
(i) the proposed change;
(ii) proposals to mitigate or avert the impact of the proposed change;
(iii) any matter identified in the written response from the affected Employees and /
or the Union.
(b) To avoid doubt, the ‘first meeting’ at step 3 does not limit the number of meetings for
consultation.
11.7 Employer response (step 4)
The Employer will give prompt and genuine consideration to matters arising from
consultation and will provide a written response to the Employees, Union and (where
relevant) other representative/s.
11.8 Alternative proposal (step 5)
The affected Employee/s, the Union and other representative (where relevant) may submit
alternative proposal(s) which will take into account the intended objective and benefits of the
proposal. Alternative proposals should be submitted in a timely manner so that
unreasonable delay may be avoided.
11.9 Outcome of consultation (step 6)
The Employer will give prompt and genuine consideration to matters arising from
consultation, including an alternative proposal submitted under sub-clause 11.8, and will
advise the affected Employees, the Union and other nominated representatives (if any) in
writing of the outcome of consultation including:
PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 12
(a) whether the Employer intends to proceed with the change proposal;
(b) any amendment to the change proposal arising from consultation;
(c) details of any measures to mitigate or avert the effect of the changes on affected
Employees; and
(d) a summary of how matters that have been raised by Employees, the Union and their
representatives, including any alternative proposal, have been taken into account.
11.10 Consultation about changes to rosters or hours of work
(a) Where an Employer proposes to change an Employee’s regular roster or ordinary
hours of work, the Employer must consult with the Employee or Employees affected
and their representatives, if any, about the proposed change.
(b) The Employer must:
(i) consider health and safety impacts including fatigue;
(ii) provide to the Employee or Employees affected and their representatives, if any,
information about the proposed change (for example, information about the
nature of the change to the Employee’s regular roster or ordinary hours of work
and when that change is proposed to commence);
(iii) invite the Employee or Employees affected and their representatives, if any, to
give their views about the impact of the proposed change (including any impact
in relation to their family or caring responsibilities); and
(iv) give consideration to any views about the impact of the proposed change that is
given by the Employee or Employees concerned and/or their representatives.
(c) The requirement to consult under this clause does not apply where an Employee has
irregular, sporadic, unpredictable working hours, self-rostering or, where permitted, a
rotating roster.
(d) These provisions are to be read in conjunction with the terms of the engagement
between the Employer and Employee, other Agreement provisions concerning the
scheduling of work and notice requirements.
11.11 Consultation disputes
Any dispute regarding the obligations under this clause will be dealt under the Dispute
Resolution Procedure at clause 13 of this Agreement.
12 Redundancy and Associated Entitlements
12.1 Arrangement
(a) This clause is arranged as follows:
(i) Arrangement (subclause 12.1),
(ii) Definitions (subclause 12.2),
(iii) Redeployment (subclause 12.3),
(iv) Support to Affected Employees (subclause 12.4),
(v) Salary maintenance (subclause 12.5),
PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 13
(vi) Relocation (subclause 12.6),
(vii) Employment terminates due to redundancy (subclause 12.7), and
(viii) Exception to application of Victorian Government’s policy with respect to
severance pay (subclause 12.8)
12.2 Definitions
(a) Affected Employee for this clause 12 means an Employee whose role will be
redundant.
(b) Comparable role means an on-going role that:
(i) is the same occupation as that of the Affected Employee’s redundant position or
if not, is in an occupation acceptable to the Affected Employee; and
(ii) is any of the following:
(A) In the same clinical specialty as that of the Affected Employee’s former
position;
(B) in a clinical specialty acceptable to the Affected Employee; or
(C) a position that with the reasonable support described at 12.3(g) the
Affected Employee could undertake; and
(iii) is the same grade as the Affected Employee’s redundant position;
(iv) takes into account the number of ordinary hours normally worked by the Affected
Employee;
(v) Is a Reasonable Distance from the Affected Employee’s current work location;
(vi) takes the Affected Employee’s personal circumstances, including family
responsibilities, into account; and
(vii) takes account of health and safety considerations.
(c) Consultation is as defined at clause 11 (Consultation) of this Agreement.
(d) Continuity of Service means that the service of the Employee is treated as unbroken.
However, continuity of service is not broken where an Employer pays out accrued
annual leave or long service leave upon termination in accordance with this
Agreement.
(e) Reasonable Distance means a distance that has regard to the Employee’s original
work location, current home address, capacity of the Employee to travel, additional
travelling time, effects on the personal circumstances of the affected Employee,
including family commitments and responsibilities and other matters raised by the
Employee, or assistance provided by their Employer.
(f) Redeployment period means a period of 13 weeks from the time the Employer
notifies the Affected Employee in writing that consultation under clause 11 is complete
and that the redeployment period has begun.
(g) Redundancy means the Employer no longer requires the Affected Employee’s job to
be performed by anyone because of changes in the operational requirements of the
Employer’s enterprise.
(h) Relocation means an Affected Employee is required to move to a different campus
as a result of an organisational change on either a temporary or permanent basis.
PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 14
(i) Salary maintenance means an amount representing the difference between what
the Affected Employee was normally paid immediately prior to the Affected
Employee’s role being made redundant and the amount paid in the Affected
Employee’s new role following redeployment.
12.3 Redeployment
(a) An Affected Employee whose role will be redundant will be considered for
redeployment during the redeployment period.
(b) Employee to be advised in writing
The Affected Employee must be advised in writing of:
(i) the date the Affected Employee’s role is to be redundant,
(ii) details of the redeployment process,
(iii) the reasonable support that will be provided in accordance with subclause (g),
and
(iv) the Affected Employee’s rights and obligations.
(c) Employer obligations
The Employer will:
(i) make every effort to redeploy the Affected Employee to a Comparable Role in
terms of classification, grade and income, including appointing a case manager
to provide the Affected Employee with support and assistance; and
(ii) take into account the personal circumstances of the Affected Employee,
including family commitments and responsibilities.
(d) Employee obligations
The Employee must actively participate in the redeployment process including:
(i) identifying appropriate retraining needs;
(ii) developing a resume / CV to assist in securing redeployment;
(iii) actively monitoring and exploring appropriate redeployment opportunities and
working with the appointed case manager.
(e) Rejecting a comparable role
Where an Affected Employee rejects an offer of redeployment to a comparable role (as
defined), the Affected Employee may be ineligible for a departure package referred to
at subclause 12.7.
(f) Temporary alternative duties
An Affected Employee awaiting redeployment may be transferred to temporary
alternative duties within the same campus, or where part of the Employee’s existing
employment conditions (or by agreement) at another campus. Such temporary duties
will be in accordance with the Affected Employee’s skills, experience, clinical area and
profession.
PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 15
(g) Support for redeployment
For an available role to be considered a comparable role, the Employer must provide
the reasonable support necessary for the Affected Employee to perform the role which
may include:
(i) theory training relevant to the clinical area or environment of the role into which
the Affected Employee is to be redeployed;
(ii) a defined period of up to 12 weeks in which the Affected Employee works in a
supernumerary capacity;
(iii) support from educational staff in the clinical environment;
(iv) a review at 12 weeks or earlier to determine what, if any, further training is
required.
(h) Where no redeployment available
If at any time during the redeployment period it is agreed that it is unlikely that
the Affected Employee will be successfully redeployed, the Affected Employee may
accept a redundancy package. Where this occurs, the Affected Employee will be
entitled to an additional payment of the lesser of 13 weeks or the remaining
redeployment period.
(i) Non-Comparable Role
An Affected Employee may agree to be redeployed to a role that is not a Comparable
Role.
12.4 Support to Affected Employees
The Employer will provide Affected Employees whose position has been declared redundant
with support and assistance which will include, where relevant:
(a) counselling and support services;
(b) retraining,
(c) preparation of job applications;
(d) interview coaching;
(e) time off to attend job interviews; and
(f) funding of independent financial advice for employees eligible to receive a separation
package.
12.5 Salary Maintenance
(a) Entitlement to salary maintenance
An Affected Employee who is successfully redeployed will be entitled to salary
maintenance where the Affected Employee’s pay is reduced because the new role:
(i) is a lower grade;
(ii) involves working fewer hours; and/or
(iii) removes eligibility for penalties, loadings and the like.
PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 16
(b) Period of salary maintenance
Salary maintenance will be for a period of 52 weeks from the date the Affected
Employee is redeployed except where the Affected Employee:
(i) accepts another position within the salary maintenance period, and
(ii) is paid in the other position an amount equal to or greater than the role that was
made redundant.
(c) Preservation of accrued leave
An Affected Employee entitled to salary maintenance will have:
(i) their long service leave and annual leave accruals preserved before
redeployment. Specifically, the value of the leave immediately prior to
redeployment will not be reduced as a result of redeployment; and
(ii) their personal leave preserved in hours.
12.6 Relocation
(a) Employer to advise in writing of relocation
As soon as practicable but no less than seven (7) days after a decision is made by the
Employer to temporarily or permanently relocate an Affected Employee, the
Employer will advise the Affected Employee in writing of the decision, the proposed
timing of the relocation and any other alternatives available to
the Affected Employee. In addition, the Employer will:
(i) ensure the relocation is a Reasonable Distance, unless otherwise agreed;
(ii) ensure that the Affected Employee is provided with information on the new
location’s amenities, layout and local operations prior to the relocation, and
(iii) consult with the Union regarding the content of such information.
(b) Entitlement to relocation allowance
An Affected Employee is entitled to relocation allowance where permanent or
temporary relocation results in additional cost to the Affected Employee for travel and /
or other expenses.
(c) Employee to provide written estimate
The Affected Employee must make written application to the Employer with a written
estimate of the additional travelling cost and other expenses for the period of
redeployment up to a maximum of 12 months.
(d) Payment
(i) The maximum relocation allowance payable by the Employer will be $1900.00,
paid as a lump sum.
(ii) When considering the Affected Employee’s estimate, the Employer may have
regard to the Reasonable Distance.
(iii) In the event of a dispute about the Affected Employee’s estimate it will be
resolved under clause 13 – Dispute Resolution Procedure.
PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 17
(e) Exceptions
An Affected Employee is not entitled to the relocation allowance if the site or campus
to which the Affected Employee is being relocated is a location to which they can be
expected to be deployed as part of their existing employment conditions.
(f) Fixed term employees not excluded
An Affected Employee on a fixed term contract who is relocated will be covered by the
terms of this clause for the duration of the fixed term contract.
12.7 Employment terminates due to redundancy
The Victorian Government’s policy with respect to public sector redundancy and the
entitlements upon termination of employment as a result of redundancy are set out in the
Public Sector Workplace Relations Policies 2015. The policy as at the time this Agreement
comes into operation applies to Employees but does not form part of this Agreement.
12.8 Exception to application of Victorian Government’s policy with respect to severance
pay
(a) Where the Affected Employee’s Employer secures a comparable role (as defined) with
another Employer covered by this Agreement, which:
(i) is within a Reasonable Distance of the work site of the redundant position; and
(ii) provides continuity of service; and
(iii) where the comparable role results in a loss of income, salary maintenance
at subclause 12.5 will apply; and
(iv) where relevant, consistent with the financial and other support provided to an
internal redeployee;
the Employee will be considered successfully redeployed as though the employment
was with the same Employer and no severance pay will apply.
13 Dispute Resolution Procedure
13.1 Resolution of disputes and grievances
(a) For the purpose of this clause 13, a dispute includes a grievance.
(b) This dispute resolution procedure will apply to any dispute arising in relation to:
(i) this Agreement;
(ii) the NES;
(iii) a request for flexible working arrangements; or
(iv) a request for an additional 12 months parental leave.
(c) A party to the dispute may choose to be represented at any stage by a representative
including a Union or employer organisation. A representative, including a Union or
employer organisation on behalf of an Employer, may initiate a dispute.
PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 18
13.2 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) While the dispute resolution procedure is being conducted work will continue normally
according to the usual practice that existed before the dispute, until the dispute is
resolved.
(c) This requirement does not apply where an Employee:
(i) has a reasonable concern about an imminent risk to their health or safety;
(ii) has advised the Employer of the concern; and
(iii) has not unreasonably failed to comply with a direction by the Employer to
perform other available work that is safe and appropriate for the Employee to
perform.
(d) No party to a dispute or person covered by the Agreement will be prejudiced with
respect to the resolution of the dispute by continuing work under this clause.
13.3 Dispute settlement facilitation
(a) Where the chosen representative is another Employee of the Employer, that Employee
will be released by the Employer from normal duties as is reasonably necessary to
enable them to represent the Employee/s including:
(i) investigating the circumstances of the dispute; and
(ii) participating in the processes to resolve the dispute, including conciliation and
arbitration.
(b) An Employee who is part of the dispute will be released by the Employer from normal
duties as is reasonably necessary to enable them to participate in this dispute settling
procedure so long as it does not unduly affect the operations of the Employer.
13.4 Discussion of dispute at workplace
(a) The parties will attempt to resolve the dispute at the workplace as follows:
(i) in the first instance by discussions between the Employee/s and the relevant
supervisor; and
(ii) if the dispute is still unresolved, by discussions between the Employee/s and
more senior levels of local management.
(b) The discussions at subclause 13.4(a) will take place within fourteen days or such
longer period as mutually agreed, save that agreement will not be unreasonably
withheld.
(c) If a dispute cannot be resolved at the workplace it may be referred by a party to the
dispute or representative to the Commission for conciliation and, if the matter in
dispute remains unresolved, arbitration.
13.5 Disputes of a collective character
Disputes of a collective character may be dealt with more expeditiously by an early reference
to the Commission. However, no dispute of a collective character may be referred to the
Commission directly without a genuine attempt to resolve the dispute at the workplace level.
PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 19
13.6 Conciliation
(a) Where a dispute is referred for conciliation, the Commission member will do everything
the member deems right and proper to assist the parties to settle the dispute.
(b) Conciliation before the Commission is complete when:
(i) the parties to the dispute agree that it is settled; or
(ii) the Commission member conducting the conciliation, either on their own motion
or after an application by a party, is satisfied there is no likelihood that further
conciliation will result in settlement within a reasonable period; or
(iii) the parties to the dispute inform the Commission member there is no likelihood
the dispute will be settled and the member does not have substantial reason to
refuse to regard conciliation as complete.
13.7 Arbitration
(a) If, when conciliation is complete, the dispute is not settled, either party may request the
Commission proceed to determine the dispute by arbitration.
(b) The Commission member that conciliated the dispute will not arbitrate the dispute if a
party objects to the member doing so.
(c) Subject to subclause 13.8 below, a decision of the Commission is binding upon the
persons covered by this Agreement.
(d) An appeal lies to a Full Bench of the Commission, with the leave of the Full Bench,
against a determination of a single member of the Commission made pursuant to this
clause.
13.8 Conduct of matters before the Commission
Subject to any agreement between the parties to the dispute in relation to a particular
dispute or grievance and the provisions of this clause, in dealing with a dispute or grievance
through conciliation or arbitration, the Commission will conduct the matter in accordance with
sections 577, 578 and Subdivision B of Division 3 of Part 5-1 of the Act.
14 Discipline
14.1 Application
(a) Where an Employer has concerns about:
(i) the conduct of an Employee; or
(ii) a performance issue that may constitute misconduct,
the following procedure will apply.
(b) There are two steps in a disciplinary process under this clause as follows:
(i) investigative procedure; and
(ii) disciplinary procedure.
(c) An Employee will be provided a reasonable opportunity to be represented at any
time (including by a Union) with respect to all matters set out in this clause.
PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 20
14.2 Definitions
(a) Performance means the manner in which the Employee fulfils their job requirements.
The level of performance is determined by an Employee’s knowledge, skills,
qualifications, abilities and the requirements of the role.
(b) Conduct means the manner in which the Employee behaviour impacts on their work.
(c) Misconduct means an Employee’s intentional or negligent failure to abide by or
adhere to the standards of conduct expected by the Employer. A performance issue
can be considered misconduct where, despite all reasonably practicable interventions
by the Employer, the Employee is unable to fulfil all or part of their job requirements to
a satisfactory level.
(d) Serious misconduct is as defined under the Act and that is both wilful and
deliberate. Currently the Act defines serious misconduct, in part, as:
(i) wilful or deliberate behaviour by an employee that is inconsistent with the
continuation of the contract of employment;
(ii) conduct that causes serious and imminent risk to:
(A) the health or safety of a person; or
(B) the reputation, viability or profitability of the employer’s business.
Conduct that is serious misconduct includes each of the following:
(iii) the Employee, in the course of the Employee's employment, engaging in:
(A) theft; or
(B) fraud; or
(C) assault; or
(D) sexual harrassment;
(iv) the Employee being intoxicated at work;
(v) the Employee refusing to carry out a lawful and reasonable instruction that is
consistent with the employee's contract of employment.
Subclauses 14.2(d)(iii) -14.2(d)(v) do not apply if the Employee is able to show that, in
the circumstances, the conduct engaged in by the Employee was not conduct that
made employment in the period of notice unreasonable.
14.3 Investigative procedure
(a) The purpose of an investigative procedure is to conclude whether, on balance,
concerns regarding conduct or performance are well-founded and supported by
evidence. An investigation procedure must be fair including proper regard to
procedural fairness.
(b) The Employer will:
(i) advise the Employee of the concerns and allegations in writing;
(ii) provide the Employee with any material which forms the basis of the concerns;
(iii) ensure the Employee is provided a reasonable opportunity to answer any
concerns including a reasonable time to respond;
PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 21
(iv) advise the Employee of their right to have a representative, including a Union
representative;
(v) ensure that the reason for any interview is explained; and
(vi) take reasonable steps to investigate the Employee’s response.
14.4 Disciplinary procedure
(a) The disciplinary procedure applies if, following the investigation, the Employer
reasonably considers that the Employee’s conduct or performance may warrant
disciplinary steps being taken.
(b) The Employer will:
(i) notify the Employee in writing of the outcome of the investigation process,
including the basis of any conclusion; and
(ii) meet with the Employee.
(c) In considering whether to take disciplinary action, the Employer will consider:
(i) whether there is a valid reason related to the conduct or performance of the
Employee arising from the investigation justifying disciplinary action;
(ii) whether the Employee knew or ought to have known that the conduct or
performance was below acceptable standards; and
(iii) any explanation by the employee relating to conduct including any matters
raised in mitigation.
14.5 Possible outcomes
(a) Where it is determined that after following the procedures in this clause that
disciplinary action is warranted, the Employer may take any of the following steps
depending on the seriousness of the conduct or performance:
(i) counsel the Employee, with the counselling recorded on the Employee’s
personnel file;
(ii) give the Employee a first warning, which will be verbal and a record of the
warning recorded on the Employee’s personnel file;
(iii) give the Employee a second written warning in the event that the Employee has
previously been given a first warning within the previous 12 months for that
course of conduct;
(iv) give the Employee a final written warning in the event that the Employee has
previously been given a second written warning within the preceding 18 month
period for that course of conduct;
(v) terminate the Employee’s employment on notice in the case of an employee who
repeats a course of conduct for which a final warning was given in the preceding
18 months;
(vi) terminate the Employee’s employment without notice where the conduct is
serious misconduct within the meaning of the Act that is wilful and deliberate; or
(vii) as an alternative to subclause 14.5(a)(vi) above and in those circumstances, the
Employer may issue the Employee with a final warning without following the
steps in subclauses 14.5(a)(i) to 14.5(a)(iii) above.
PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 22
(b) The Employer’s decision and a summary of its reasons will be notified to the Employee
in writing.
(c) If after any warning, a period of 12 or 18 months elapses (as relevant) without any
further warning being required, all adverse reports relating to the warning must be
removed from the Employee's personnel file.
(d) A dispute over the clause is to be dealt with in accordance with the
Dispute Resolution Procedure of this Agreement.
15 Individual Flexibility Arrangement
15.1 An employee and the employer may enter into an individual flexibility arrangement pursuant
to this clause in order to meet the genuine needs of the employee and employer. An
individual flexibility arrangement must be genuinely agreed to by the employee and
employer.
15.2 An individual flexibility arrangement may vary the effect of one or more of the following terms
of this enterprise agreement:
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading.
15.3 An employee may nominate a representative to assist in negotiations for an individual
flexibility arrangement.
15.4 The employer must ensure that any individual flexibility arrangement will result in the
employee being better off overall than the employee would have been if no individual
flexibility arrangement were agreed to.
15.5 The employer must ensure that an individual flexibility arrangement is in writing and signed
by the employee and employer. If the employee is under 18, the arrangement must also be
signed by a parent or guardian of the employee.
15.6 The employer must give a copy of the individual flexibility arrangement to the employee
within 14 days after it is agreed to.
15.7 The employer must ensure that any individual flexibility arrangement sets out:
(a) the terms of this enterprise agreement that will be varied by the arrangement;
(b) how the arrangement will vary the effect of the terms;
(c) how the employee will be better off overall in relation to the terms and conditions of his
or her employment as a result of the arrangement; and
(d) the day on which the arrangement commences.
15.8 The employer must ensure that any individual flexibility arrangement:
(a) is about matters that would be permitted matters under section 172 of the Fair Work
Act 2009 if the arrangement were an enterprise agreement;
PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 23
(b) does not include any term that would be an unlawful term under section 194 of the Fair
Work Act 2009 if the arrangement were an enterprise agreement; and
(c) provides for the arrangement to be terminated:
(i) by either the employee or employer giving a specified 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 employer.
15.9 Except as required by clause 15.5, the arrangement must not require the approval or
consent, by another person other than the individual Employer and the individual Employee.
15.10 An individual flexibility arrangement may be expressed to operate for a specified term or
while the employee is performing a specified role (such as acting in a specified higher
position). Such an arrangement will terminate on expiry of the specified term or when the
employee ceases to perform the specified role, unless terminated earlier on notice or by
agreement in accordance with 15.8(c).
16 Flexible Working Arrangements
16.1 The Act entitles specified Employees to request flexible working arrangements in specified
circumstances.
16.2 The specified Employees are:
(a) full time or part Employees with at least 12 months continuous service; and
(b) long term casual Employees with a reasonable expectation of continuing employment
by the Employer on a regular and systematic basis.
16.3 The specified circumstances are if the Employee:
(a) is the parent, or has responsibility for the care, of a child who is of school age or
younger;
(b) is a carer within the meaning of the Carer Recognition Act 2010 caring for someone
who has a disability, a medical condition (including a terminal or chronic illness), a
mental illness or is frail or aged;
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, who
requires care or support because the member is experiencing violence or abuse from
the member’s family.
16.4 To ensure that Employees are aware of this entitlement, the Employer will post the
information statement at Appendix Four on the relevant notice board or intranet (where
available) and provide a copy to new Employees.
16.5 Where a request for flexible work arrangements is made, an Employee or Employer is
entitled to meet with the other party to discuss:
(a) the request;
(b) an alternative to the request; or
PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 24
(c) reasons for a refusal on reasonable business grounds.
16.6 The dispute resolution procedure in the Agreement will apply to any dispute / grievance
arising in relation to a request for flexible working arrangements.
16.7 Other entitlements relevant to family violence can be found at clause 46 (Family
Violence Leave).
PART C – TYPES OF EMPLOYMENT, COMMENCEMENT OF EMPLOYMENT AND END OF
EMPLOYMENT 25
PART C – TYPES OF EMPLOYMENT, COMMENCEMENT OF
EMPLOYMENT AND END OF EMPLOYMENT
17 Conditions of Service
17.1 Employment under this Agreement shall be between the Employer and the Employee.
17.2 Where the Employee is full-time, the Employer employs the Employee on the basis that the
whole of the Employees duty hours shall be devoted to the duties of the appointment.
17.3 The Employee shall not, without the consent of the patient, divulge any information, which
that the Employee has acquired in attending the patient, and which was necessary to enable
the Employee to prescribe or act for the patient, to any person other than the Employer or
other clinical and nursing staff of the Employer.
17.4 Notwithstanding the provisions of sub-clause 17.3 an Employee may be required for a
medico-legal purpose to disclose to the Employer any information relating to the mental or
physical condition of a person who is or was a patient of the Employer and such Employee
shall make such disclosure in accordance with the requirement.
18 Types of Employment
18.1 The employment of Employees under this Agreement may be full-time, part-time, fixed-term
or casual. Prior to engagement the Employer shall inform each Employee in writing of the
type and terms of their employment, their classification, hours and salary.
18.2 An Employee, other than a casual, who accepts employment on or after the date of
certification of this agreement, shall be engaged on a probationary basis for their initial four
months of employment. During the probationary period, the employer or a probationary
Employee may terminate employment by one weeks notice or payment or forfeiture of one
weeks ordinary time pay in lieu of notice. Notice under this clause may be given or received
by a combination of time notice or payment or forfeiture as the case may be (in lieu).
18.3 Employment of full-time and part-time Employees shall, subject to this Agreement, be
ongoing.
18.4 Full-time Employment
A full-time Employee is one who is ready, willing and available to work, on average, a full
week of 38 hours.
18.5 Regular Part-Time Employment
(a) A regular part-time employee is an employee engaged to work an agreed regular
number of hours of less than 38 hours per week who is ready, willing and available to
work those agreed hours at the times and during the hours that are mutually agreed.
Part-time employees receive equivalent pay and conditions to full-time employees on a
pro-rata basis.
(b) Pattern of work
(i) At the time a part-time Employee commences employment, the Employer and
the part-time Employee will agree in writing on the following matters:
PART C – TYPES OF EMPLOYMENT, COMMENCEMENT OF EMPLOYMENT AND END OF
EMPLOYMENT 26
(A) a regular pattern of work, (including rotating rosters where applicable)
specifying at least the hours worked each day;
(B) which days of the week the Employee will work; and
(C) the actual starting and finishing times of each day.
(ii) Any agreed variation to the regular pattern of work will be recorded in writing.
(c) Additional Hours
A part-time Employee may be offered additional hours at the applicable ordinary time
rates for the time worked, within the limits prescribed by this Agreement. A part-time
Employee is entitled to decline an offer of additional ordinary hours. Where a part-time
Employee is directed by the Employer to work reasonable additional hours, or works
hours in excess of 38 in a week, an average of 38 hours a week or the limits
prescribed by the Agreement, overtime rates will apply.
18.6 Casual Employment
(a) A casual Employee is an Employee who:
(i) is made an offer of employment on the basis that the Employer makes no firm
advance commitment to continuing and indefinite work according to an agreed
patter of work (eg relief work such as replacing an employee on an unplanned
absence); and
(ii) accepts the offer of employment on that basis; and
(iii) is an Employee as a result of that acceptance.
(b) Subject to the minimum engagement period (or payment in lieu of), a casual
Employee’s engagement is terminable without prior notice by either party.
(c) The minimum engagement for a casual Employee is 3 hours.
(d) A casual Employee shall be paid one-thirty-eighth per hour (1/38th) of the weekly rate
of pay appropriate to the classification/year of experience plus 25 per cent.
(e) Casual Employees shall not be entitled to the benefit of the following clauses:
(i) Annual Leave;
(ii) Paid Personal/carer’s Leave;
(iii) Paid Compassionate Leave;
(iv) Professional Development Leave;
(v) Long Service Leave (except as provided for in clause 52),
(vi) Other paid absences from duty;
(vii) Notice Provisions; or
(viii) as otherwise prescribed in this agreement.
18.7 If, after discussions and agreement with the relevant Employee, the mode of employment or
classification of the Employee is altered, the Employer will provide written confirmation to the
Employee.
PART C – TYPES OF EMPLOYMENT, COMMENCEMENT OF EMPLOYMENT AND END OF
EMPLOYMENT 27
19 Casual Conversion
19.1 Employer offers
(a) Subject to clause 19.2, in accordance with the NES, an Employer must make an offer
to a casual Employee under this section if:
(i) the casual Employee has worked shifts for the Employer for a period of 12
months beginning the day the employment started; and
(ii) during at least the last 6 months of that period, the Employee has worked a
regular pattern of hours on an ongoing basis which, without significant
adjustment, the Employee could continue to work as a full-time employee or a
part-time employee (as the case may be).
(b) The Employer's offer under clause 19.1(a) must:
(i) be in writing; and
(ii) be an offer for the Employee to convert:
(A) for an Employee that has worked the equivalent of full-time hours during
the period referred to in clause 19.1(a)(ii) – to full-time employment; or
(B) for an Employee that has worked less than the equivalent of full-time
hours during the period referred to in clause 19.1(a)(ii) – to part-time
employment that is consistent with the regular pattern of hours worked
during that period;
(iii) be given to the Employee within 21 days after the end of the 12-month period
referred to in clause 19.1(a)(i).
19.2 When Employer offers not required
(a) An Employer is not required to make an offer under clause 19.1(a) to a casual
Employee if:
(i) there are reasonable grounds not to make that offer; and
(ii) the reasonable grounds are based on facts that are known, or reasonably
foreseeable, at the time of deciding not to make the offer;
(b) The Employer must give written notice to a casual Employee in accordance with
clause 19.2(d) if:
(i) the Employer decides under clause 19.2(a) not to make an offer to the
Employee; or
(ii) the Employee has been employed by the Employer for the 12-month period
referred to in clause 19.1(a)(i) but does not meet the requirement referred to in
paragraph 19.1(a)(ii).
(c) Without limiting subclause 19.2(a), reasonable grounds for deciding not to make an
offer include the following:
(i) the Employee's position will cease to exist in the period of 12 months after the
time of deciding not to make the offer, such as where a casual Employee works
shifts replacing an employee absence;
PART C – TYPES OF EMPLOYMENT, COMMENCEMENT OF EMPLOYMENT AND END OF
EMPLOYMENT 28
(ii) the hours of work which the Employee is required to perform will be significantly
reduced in that period;
(iii) there will be a significant change in either or both of the following in that period:
(A) the days on which the Employee's hours of work are required to be
performed;
(B) the times at which the Employee's hours of work are required to be
performed;
which cannot be accommodated within the days or times the Employee is
available to work during that period;
(iv) making the offer would not comply with a recruitment or selection process
required by or under a law of the Commonwealth or a State or a Territory.
(d) The notice must:
(i) advise the Employee that the Employer is not making an offer under clause
19.1; and
(ii) include the details of the reasons for not making the offer (including any grounds
on which the Employer has decided to not make the offer); and
(iii) be given to the Employee within 21 days after the end of the 12-month period
referred to in clause 19.1(a)(i).
19.3 Employee response
(a) The Employee must give the Employer a written response to the offer made under
19.1(a) within 21 days after the offer is given to the Employee, stating whether the
Employee accepts or declines the offer.
(b) If the Employee fails to give the Employer a written response in accordance with
subclause 19.3(a), the Employee is taken to have declined the offer.
19.4 Acceptances of offers
(a) If the Employee accepts the offer, the Employer must, within 21 days after the day the
acceptance is given to the Employer, give written notice to the Employee of the
following:
(i) whether the Employee is converting to full-time employment of part-time
employment;
(ii) the Employee's hours of work after the conversion takes effect;
(iii) the day the Employee's conversion to full-time or part-time employment takes
effect
(b) However, the Employer must discuss with the Employee the matters the Employer
intends to specify for the purposes of subclause 19.4(a)(i)-(iii)before giving the notice.
(c) The day specified for the purposes of subclause 19.4(a)(iii) must be the first day of the
Employee's first full pay period that starts after the day the notice is given, unless the
Employee and Employer agree to another day.
19.5 Employee requests
(a) A Casual Employee may make a request of an Employer under this clause if:
PART C – TYPES OF EMPLOYMENT, COMMENCEMENT OF EMPLOYMENT AND END OF
EMPLOYMENT 29
(i) the Employee has been employed by the Employer for a period of at least 6
months beginning the day the employment started;
(ii) the Employee has, in the period of 6 months ending the day the request is given,
worked a regular pattern of hours on an ongoing basis which, without significant
adjustment, the Employee could continue to work as a full-time Employee or
part-time Employee (as the case may be); and
(iii) all of the following apply:
(A) the Employee has not, at any time during the period referred to in
subclause 19.5(a)(ii), refused an offer made to the Employee under clause
19.1;
(B) the Employer has not, at any time during that period, given the Employee
a notice in accordance with sub-clause 19.2(c)(i);
(C) the Employer has not, at any time during that period, given a response to
the Employee under clause 19.6 refusing a previous request made under
this clause;
(D) the request is not made during the period of 21 days after the period
referred to in subclause 19.1(a)(i).
(b) The request must:
(i) be in writing;
(ii) be a request for the Employee to convert:
(A) for an Employee that has worked the equivalent of full-time hours or shifts
on a regular and systematic basis during the period referred to in clause
19.5(a)(ii) – to full-time employment; or
(B) for an Employee that has worked less than the equivalent of full-time
hours or shifts on a regular and systematic basis during the period referred
to in paragraph 19.5(a)(ii) – to part-time employment that is consistent with
the regular pattern of hours or shifts worked during that period; and
(iii) be given to the Employer.
19.6 Employer must give a response
The Employer must give the Employee a written response to the request made under clause
19.5 within 21 days after the request is given to the Employer, stating whether the Employer
grants or refuses the request.
19.7 Refusals of requests
(a) The Employer must not refuse the request unless:
(i) the Employer has consulted the Employee;
(ii) there are reasonable grounds the refuse the request; and
(iii) the reasonable grounds are based on facts that are known, or reasonably
foreseeable, at the time of refusing the request.
(b) Without limiting subclause 19.7(a), reasonable grounds for refusing a request include
the following:
PART C – TYPES OF EMPLOYMENT, COMMENCEMENT OF EMPLOYMENT AND END OF
EMPLOYMENT 30
(i) it would require a significant adjustment to the Employee’s hours of work in order
for the Employee to be employed as a full-time Employee or part-time Employee
(ii) the Employee’s position will cease to exist in the period of 12 months after giving
the request;
(iii) the hours of work which the Employee is required to perform will be significantly
reduced in the period of 12 months after giving the request;
(iv) there will be a significant change in either or both of the following in the period of
12 months after giving the request:
(A) the days on which the Employee’s hours of work are required to be
performed;
(B) the times at which the Employee’s hours of work are required to be
performed;
which cannot be accommodated within the days or times the Employee is
available to work during that period;
(v) granting the request would not comply with a recruitment or selection process
required by or under a law of the Commonwealth or a State or a Territory
(c) If the Employer refuses the request, the written response under clause 19.6 must
include details of the reasons for the refusal.
19.8 Grants of requests
(a) If the Employer grants the request, the Employer must, within 21 days after the day the
request is given to the Employer, give written notice to the Employee of the following:
(i) whether the Employee is converting to full-time employment of part-time
employment;
(ii) the Employee's pattern of hours or shifts after the conversion takes effect;
(iii) the day the Employee's conversion to full-time or part-time employment takes
effect
(b) However, the Employer must discuss with the Employee the matters the Employer
intends to specify for the purposes of subclause 19.8(a)(i)-(iii) before giving the notice.
(c) The day specified for the purposes of subclause 1919.8(a)(iii) must be the first day of
the Employee's first full pay period that starts after the day the notice is given, unless
the Employee and Employer agree to another day.
(d) To avoid doubt, the notice may be included in the written response under clause 19.6.
19.9 Effect of conversion
(a) An Employee is taken, on and after the day specified in a notice for the purposes of
subclauses 19.4(a)(iii) and 19.8(a)(iii) to be a full-time Employee or a part-time
Employee of the Employer.
(b) Casual loading will cease, and any benefits relating to permanent employment will
commence on the day specified in a notice for the purposes of subclauses 19.4(a)(iii)
and 19.8(a)(iii).
PART C – TYPES OF EMPLOYMENT, COMMENCEMENT OF EMPLOYMENT AND END OF
EMPLOYMENT 31
20 Notice Provisions
20.1 Subject to this Agreement the Employer or an individual Employee, other than a casual, may
terminate employment under this Agreement by mutual agreement or by giving a minimum of
four weeks' notice in writing or by payment or forfeiture of four weeks' salary. The employer
must provide an additional week of notice to employees over the age of 45 years with more
than 2 years of service.
20.2 Where an Employee wishes to terminate employment this period may be reduced by mutual
agreement. The Employer will not unreasonably withhold consent to a request for reduction
of notice by a terminating Employee.
20.3 This shall not affect the ability of the Employer to terminate employment summarily for
serious or wilful misconduct. In this event salary will be paid to point of dismissal.
20.4 In the case of a fixed-term Employee either the Employer or the Employee may terminate
employment by giving one week's notice in writing or by payment or forfeiture of a week's
salary.
20.5 Where an Employee has given or has been given notice they shall continue in thier
employment until the date of expiration of such notice. Where an Employee gives notice as
aforesaid and refuses to work or is absent from work without just cause or excuse the
Employee shall be deemed to have abandoned their employment.
20.6 Provided that notice under this clause may be given or received by a combination of time
notice or payment or forfeiture (as the case may be) in lieu.
21 Transition to Retirement
21.1 An Employee may advise their Employer in writing of their intention to retire within the next
five years and participate in a retirement transition arrangement.
21.2 Transition to retirement arrangements may be proposed and, where agreed, implemented
as:
(a) a flexible working arrangement (see clause 16 (Flexible Working Arrangements)),
(b) in writing between the parties, or
(c) any combination of the above.
21.3 A transition to retirement arrangement may include but is not limited to:
(a) a reduction in their EFT;
(b) a job share arrangement;
(c) working in a position at a lower classification or rate of pay.
21.4 The Employer will consider, and not unreasonably refuse, a request by an Employee who
wishes to transition to retirement:
(a) to use accrued Long Service Leave (LSL) or Annual Leave for the purpose of reducing
the number of days worked per week while retaining their previous employment status;
or
PART C – TYPES OF EMPLOYMENT, COMMENCEMENT OF EMPLOYMENT AND END OF
EMPLOYMENT 32
(b) be appointed to a role which that has a lower hourly rate of pay or hours (post
transition role), in which case:
(i) the Employer will preserve the accrual of LSL at the time of reduction in salary or
hours; and
(ii) where LSL is taken or paid out in lieu on termination, the Employee will be paid
LSL hours at the applicable classification and grade, and at the preserved hours,
prior to the post transition role until the preserved LSL hours are exhausted.
PART D – WAGES 33
PART D - WAGES
22 Remuneration
22.1 Employees under this Agreement shall be paid no less than the appropriate wage set out in
Appendix Two for the relevant classification.
22.2 Salary progression within salary levels, or from one level to the next, will be based on
assessed performance, in accordance with Clause 63.
22.3 This agreement provides for the following increases to existing salary rates (exclusive of
leave loading) in Appendix Two:
Date of effect Percentage increase
From the first full pay period on or after 1 May 2022 2%
23 Payment
23.1 Salary will be paid fortnightly to the financial institution account of each Employee.
23.2 On or after each payday the Employer shall advise each Employee in writing or via
electronic means of gross salary entitlement for the pay period, deductions authorised by
law and by the Employee and the net amount of payment.
24 Superannuation
The subject of superannuation is dealt with extensively by federal legislation which
prescribes the obligations and entitlements regarding superannuation. This clause is
ancillary to and supplements those provisions. This clause does not apply to an Employee
who is a member of a Victorian exempt public sector superannuation scheme.
24.1 Definitions
In this clause:
(a) default fund means Aware Super (or its successor) while it provides a “MySuper
product” as defined by the Act.
(b) preferred superannuation fund means a fund that meets the definition of a
superannuation fund in the Superannuation Guarantee (Administration) Act 1992
(Cth).
24.2 Existing Employees
Where an Employee was employed prior to the commencement of this Agreement, the
Employer will continue to make superannuation contributions to the Employee’s current
superannuation fund. An Employee may elect to have the Employee’s contributions made to
the Employee’s preferred superannuation fund.
24.3 New Employees
The Employer will offer to make superannuation contributions on behalf of an Employee to:
PART D - WAGES 34
(a) the Employee’s preferred superannuation fund;
(b) HESTA (or successor); or
(c) Aware Super (or successor).
24.4 Where new Employee does not nominate fund
If the Employee does not nominate a fund, the Employer will pay the Employee's
superannuation contributions to the default fund or where required by superannuation
legislation to the Employee’s stapled superannuation fund.
24.5 Calculation of superannuation contributions
Superannuation contributions paid by the Employer will be calculated and paid on:
(a) ordinary time earnings as defined in the Superannuation Guarantee (Administration)
Act 1992 (Cth) calculated on the Employee’s pre-salary packaging earnings, and
(b) any additional amounts consistent with the trust deed of the superannuation fund.
(c) any payment for a period of paid parental leave under subclauses 50.7(a)(i) or
50.12(b) equivalent to that required by relevant legislation if such payments were
deemed ordinary time earnings.
25 Salary Packaging
25.1 By agreement with the Employee, the current rate of pay specified in this Agreement may be
salary packaged in accordance with the Employer's Salary Packaging policy.
25.2 It is the intention of the Employer, as far as possible, that the Employer maintains a
worthwhile salary packaging program for all Employees. However if legislative or other
changes have the effect of increasing the cost of packaging to the Employer, the Employee
participating in packaging shall either pay these costs or the Employer or the Employee shall
cease the arrangement.
26 Accident Make-Up Pay
26.1 Entitlement to accident make-up pay
An Employee receiving compensation for incapacity under the WIRC Act will be entitled to
accident make-up pay from the Employer who is liable to pay compensation in accordance
with this clause (including pro-rata for any part of a week).
26.2 Definitions
(a) Accident make-up pay means:
(i) In the case of an Employee with no current work capacity, a payment equal to
the ordinary time earnings the Employee would ordinarily receive had the
Employee been performing their normal duties and hours of work, less the
amount of weekly compensation.
(ii) In the case of an Employee with a current work capacity, a payment equal to the
ordinary time earnings the Employee would ordinarily receive, had the Employee
been performing their normal duties and hours of work less the amount of
PART D - WAGES 35
weekly compensation and less the average amount the Employee is earning in
suitable employment.
(b) Injury under this clause has the same meaning as workers’ compensation legislation
and includes a disease contracted by an Employee in the course of the Employee’s
employment.
(c) Ordinary time earnings excludes additional remuneration by way of shift premiums,
overtime payments, special rates or other similar payments.
26.3 Maximum payment
The maximum period or aggregate of periods of accident make-up pay to be made by an
Employer will be a total of 39 weeks for any one injury.
26.4 Accident Make-Up Pay will not apply in some circumstances
Accident make-up pay in accordance with this clause will not apply:
(a) in respect of any injury during the first five normal working days of incapacity, except
where the Employee contracts an infectious disease for which the Employee is entitled
to receive workers compensation in which case accident make-up pay will apply from
the first day of the incapacity;
(b) to any incapacity occurring during the first two weeks of employment unless that
incapacity continues beyond the first two weeks in which case accident make-up pay
will apply only to the period of incapacity after the first two weeks;
(c) during any period when the Employee fails to comply with the requirements of the
WIRC Act with regard to examination by a medical practitioner;
(d) where the injury for which the Employee is receiving weekly compensation payments
is a pre-existing injury that work has contributed to by way of recurrence, aggravation,
acceleration, exacerbation or deterioration, and the Employee failed to disclose the
injury on engagement:
(i) following a request to do so by the Employer; and
(ii) the Employer providing the Employee details of the requirements of the position;
and
(iii) where the Employee knew, or ought to have known, that the nature of the injury,
may impact on the ability of the Employee to undertake the work;
(e) where the injury subject to recurrence, aggravation or acceleration as provided under
workers’ compensation legislation or industrial diseases contracted by a gradual
process, unless the Employee has been employed with the Employer at the time of the
incapacity for a minimum period of one month;
(f) where in accordance with the WIRC Act a medical practitioner provides information to
an Employer of an Employee’s fitness for work or specifies work for which an
Employee has a capacity and that work is made available by an Employer but not
commenced by an Employee;
(g) when the claim has been ceased or redeemed in accordance with the WIRC Act;
(h) in respect of any paid leave of absence.
PART D - WAGES 36
26.5 Reduction of compensation
Where an Employee receives a weekly payment under this clause and subsequently that
payment is reduced pursuant to the WIRC Act, that reduction will not render the Employer
liable to increase the amount of accident pay in respect of that injury.
26.6 Termination of employment
(a) Termination of Employment by the Employee
Accident make-up pay ceases where the Employee terminates their employment
except:
(i) if an Employee with partial incapacity cannot obtain suitable employment from
the Employer but such alternative employment is available with another
Employer; and
(ii) the Employee, if required, provides evidence to the Employer of the continuing
payment of weekly compensation payments.
(b) Termination of Employment by the Employer
An entitlement to accident make-up pay does not cease on termination where the
Employer terminates the Employee’s employment, except where the termination is
for serious and wilful misconduct.
26.7 Civil damage claims
(a) An Employee receiving or who received accident make-up pay must advise the
Employer of any action or claim the Employee may institute for damages. If requested,
the Employee will provide an authority to the Employer entitling the Employer to a
charge upon any money payable pursuant to any judgment or settlement on that injury.
(b) Where an Employee obtains a judgment or settlement for damages in respect of an
injury for which the Employee received accident make-up pay, the Employer’s liability to
pay accident make-up pay ceases from the date of such judgment or settlement where
the damages are not reduced (in whole or part) by the accident make-up pay paid by the
Employer. Where damages from a judgment or settlement are not reduced to take into
account accident make-up pay paid by the Employer (in whole or part), the Employee
must repay the Employer the accident make-up pay to the extent the damages were not
reduced.
(c) Where an Employee obtains a judgment or settlement for damages against a person
other than the Employer in respect of an injury for which the Employee received
accident make-up pay, the Employer’s liability to pay accident make-up pay will cease
from the date of such judgment or settlement where the damages are not reduced (in
whole or part) by the amount of accident pay made by the Employer. The Employee
must pay to thier Employer any amount of accident pay already received in respect of
that injury by which the judgment or settlement has not been so reduced.
PART E – ALLOWANCES AND REIMBURSEMENTS 37
PART E - ALLOWANCES AND REIMBURSEMENTS
27 Dual Qualification Allowance
27.1 Therapist/Hygienists who are qualified and registered as both a dental therapist and dental
hygienist with the DBA or successor or qualified and registered as an oral health therapist
shall be paid a weekly allowance of 6% on the minimum salary rate for their classification
level as detailed in Appendix Two as follows:
DUAL QUALIFICATION ALLOWANCE
Classification First Full pay period on or after 1 May 2022
Graduate $66.85
Level 1 $68.50
Level 2 $79.50
Level 3 $96.20
Level 4 $110.60
28 Expenses
28.1 Authorised expenses incurred by an Employee shall be reimbursed in accordance with the
Employer’s Staff Expense Policy. The Employer will reimburse the Employee for their
reasonable out of pocket expenses, including approved meal accommodation and travel
expenses actually and necessarily incurred in the course of their authorised duties.
28.2 For the avoidance of doubt, where a Radiation Safety licence is required by an Employer,
the cost is to be reimbursable by the Employer.
28.3 The Employer may require an Employee to submit to the Employer official receipts
substantiating authorised expenses incurred by the Employee as soon as practicable after
incurring the expense.
29 Protective Gowns
29.1 Each Employee shall, subject to this clause, be supplied with sufficient suitable and
serviceable protective gowns at the expense of the Employer. Where laundering is required
it shall be at the expense of the Employer.
PART – HOURS OF WORK AND RELATED MATTERS 38
PART F – HOURS OF WORK AND RELATED MATTERS
30 Hours of Work
30.1 The ordinary hours of work for a full-time Employee will be 38 hours, or an average of 38
hours, per week.
30.2 For the purposes of subclause 30.1, the ordinary hours an Employee works in a week are
taken to include any hours of authorised leave, or absence, whether paid or unpaid, that the
Employee takes in a week.
30.3 The working week will commence at midnight on a Sunday.
30.4 Notwithstanding any authorised meal breaks or rest breaks, the work of each day/shift will be
continuous.
30.5 The hours for an ordinary weeks work will be 38 or be an average of 38 per week in a
fortnight, or in a four week period or by mutual agreement, in a five week period in the case
of an Employee working ten hour shifts and will be worked either:
(a) In 5 days in shifts of not more than 8 hours each;
(b) In a fortnight of 76 hours in 10 shifts of not more than 8 hours each;
(c) In a four-week period of 152 hours in 19 shifts of not more than 8 hours each; or
(d) By mutual agreement:
(i) in weeks of four days in shifts of shifts of not more than 10 hours each; or
(ii) in a fortnight of 76 hours in eight shifts of not more than ten hours each.
31 Rostering or Work Schedule
31.1 The ordinary hours of work for each employee will be displayed on a fortnightly roster in a
place conveniently accessible to employees. The roster will be posted at least two weeks
before the commencement of the roster period.
32 Meal Breaks and Tea Breaks
32.1 Meal breaks
(a) An employee who works in excess of five hours will be entitled to an unpaid meal
break of not less than 30 minutes and not more than 60 minutes.
(b) The time of taking the meal break may be varied by agreement between the employer
and employee.
32.2 Tea breaks
(a) Every employee will be entitled to a paid 10 minute tea break in each four hours
worked at a time to be agreed between the employer and employee.
(b) Subject to agreement between the employer and employee, such breaks may
alternatively be taken as one 20 minute tea break.
PART F – HOURS OF WORK AND RELATED MATTERS 39
(c) Tea breaks will count as time worked.
33 Shift Work
33.1 In addition to any other rates in this Agreement, an Employee whose rostered hours of
ordinary duty finish between 6.00 p.m. and 8.00 a.m. or commence between 6.00 p.m. and
6.30 a.m. shall be paid the following amounts per rosterd period of duty:
Employee Amount Payable
Level 1(c) $44.00
Level 2(a) or Level 2(b) $32.00
Level 3 $57.00
All other Employees $27.85
(2.5% of the weekly base rate of pay for the Graduate
Classification)
34 Saturday and Sunday
34.1 All rostered time of ordinary duty performed between midnight on Friday and midnight on
Sunday shall be paid at the following rates:
Employee Rate Payable (based on 1/38th of the weekly
rate appropriate to the Employee’s
classification)
Full-time or Part-time Employee 150%
Casual Employee 175%
Note: The casual loading at subclause 18.6(d)
is not payable.
35 Overtime (including meal allowance)
35.1 General
The Employer must not request or require an Employee to work overtime hours unless the
overtime hours is reasonable.
35.2 Employee may refuse to work unreasonable overtime
(a) An Employee may refuse to work overtime hours where they are unreasonable. In
determining whether the overtime hours are reasonable or unreasonable, the following
must be taken into account:
(i) any risk to Employee health and safety from working the additional hours;
(ii) the Employee’s personal circumstances, including family responsibilities;
(iii) the needs of the workplace or enterprise in which the Employee is employed;
(iv) whether the Employee is entitled to receive overtime payments, penalty rates or
other compensation for, or a level of remuneration that reflects an expectation
of, working additional hours;
(v) any notice given by the Employer of any request or requirement to work the
additional hours;
PART F – HOURS OF WORK AND RELATED MATTERS 40
(vi) any notice given by the Employee of their intention to refuse to work the
additional hours;
(vii) the usual patterns of work in the industry, or the part of an industry, in which the
Employee works;
(viii) the nature of the Employee’s role, and the Employee’s level of responsibility;
and
(ix) any other relevant matter.
35.3 Payment and authorisation of overtime
(a) Payment of overtime performed will only occur with the prior approval of the
Employer.
(b) An authorised officer of the Employer who has delegated authority to approve such
expenditure must give approval for overtime.
35.4 Overtime – meaning
(a) Authorised work:
(i) in excess of 38 hours in any week, or in excess of 8 ordinary hours in any one
day, except where averaged in accordance with clause 30.45; or
(ii) for a part-time Employee, the Employer directs the Employee to work additional
hours beyond those agreed in clause 18.5(b), but excluding where an Employee
is offered and accepts additional ordinary hours as described at subclause
18.5(c).
35.5 Payment for overtime
(a) Full-time and part-time Employees
Period of Overtime Rate Payable (based on 1/38th of the weekly wage rate
appropriate to the Employee’s classification)
Monday to Friday • 150% for the first two hours; and
• 200% thereafter
Saturday and Sunday 200%
Public Holiday 250%
(b) Casual Employees
Period of Overtime Rate Payable (based on 1/38th of the weekly wage rate
appropriate to the Employee’s classification)
Monday to Friday • 187.5% for the first two hours; and
• 250% thereafter
Saturday and Sunday 250%
Public Holiday 312.5%
Note: The casual loading at subclause is 18.6(d) is not payable under subclause
35.5(b)
PART F – HOURS OF WORK AND RELATED MATTERS 41
35.6 Time off in liu
By mutual agreement, overtime may be compensated by time off in lieu of payment for
overtime. Time off in lieu shall be taken at a mutually agreed time or times and shall be
based on the overtime rate. Any balance accrued and outstanding, is to be paid out upon
termination of employment.
35.7 Rest Period after overtime
(a) An Employee working overtime is entitled to 10 consecutive hours off duty between the
termination of work on one day and the commencement of work on the next day,
without loss of pay for ordinary hours.
(b) If, on the instructions of the Employer, an Employee referred to in clause 35.7(a) does
not receive 10 consecutive hours off duty, the Employee must be paid 200% (based on
1/38th of the weekly wage rate appropriate to the Employee’s classification) - the
casual loading at subclause is 18.6(d) is not payable; and
(c) Upon being released from duty, the Employee is entitled to be absent until they have
had at least 10 consecutive hours off duty, without loss of pay for ordinary working
time occurring during their absence.
35.8 Meal Allowance
(a) When required to work overtime after the usual finishing hour of work beyond one hour
or, in the case of shiftworkers, when the overtime work on any shift exceeds one hour,
an employee will be supplied with an adequate meal or paid a meal allowance
of $14.10.
(b) In addition to the allowance provided for in clause 35.8(a), where overtime work
exceeds 4 hours, a further meal allowance of $12.71 will be paid.
(c) Subclauses 35.8(a) and 35.8(b) will not apply when an employee could reasonably
return home for a meal within the meal break.
36 On-call/Recall
36.1 Allowance
An Employee who is rostered to be on-call shall be paid an allowance equal to 10% of their
ordinary time hourly rate in respect of each on-call period. Provided that the minimum
payment for each 24 hour period or part thereof is required as follows:
(a) when the on-call period is between Monday and Saturday inclusive — $22.14 per 24
hour period; and
(b) when the on-call period is on a Sunday or public holiday — $44.19 per 24 hour period.
36.2 An on-call attendance by an Employee under this clause may be by telephone (extending
beyond 15 minutes per call), or by personal attendance to the clinician/patient.
36.3 An Employee may be recalled to duty outside their ordinary hours to attend to a serious
accident or emergency at the request of the Employer.
36.4 An Employee who, pursuant to this clause, attends an on-call or who is recalled to duty shall
be either:
(a) compensated by payment at the overtime rates outlined in clause 35; or
PART F – HOURS OF WORK AND RELATED MATTERS 42
(b) by mutual agreement, by time off in lieu of such payment. Time off in lieu shall be
taken at a mutually agreed time and shall be based on the overtime penalty rates as
prescribed by Clause 35 of this Agreement. Any balance accrued and outstanding, is
to be paid out upon termination of employment.
36.5 Minimum Payment
Where a recall requires the Employee to return to their workplace, the minimum payment will
be two hours of overtime, in all other instances a minimum of one hour’s overtime will apply,
provided that multiple recalls within a discrete hour will not attract additional payment.
37 Higher Duties
An Employee who is authorised to assume the duties of another Employee on a higher
classification under this Agreement for a period of 5 or more consecutive working days will be
paid for the period for which they assumed such duties at not less than the minimum rate
prescribed for the classification applying to the Employee so relieved.
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 44
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED
MATTERS
38 Public Holidays
38.1 Entitlement to be absent from employment on a public holiday under the NES
(a) Employee entitled to be absent on public holiday
An Employee is entitled to be absent from their employment on a day or part-day that
is a public holiday in the place where the Employee is based for work purposes.
(b) Reasonable requests to work on public holidays
(i) However, the Employer may request an Employee to work on a public holiday if
the request is reasonable.
(ii) If the Employer requests an Employee to work on a public holiday,
the Employee may refuse the request if:
(A) the request is not reasonable; or
(B) the refusal is reasonable.
(iii) In determining whether a request, or a refusal of a request, to work on a public
holiday is reasonable, the following must be taken into account:
(A) the nature of the Employer's workplace or enterprise (including its
operational requirements), and the nature of the work performed by
the Employee;
(B) the Employee's personal circumstances, including family responsibilities;
(C) whether the Employee could reasonably expect that the Employer might
request work on the public holiday;
(D) whether the Employee is entitled to receive overtime
payments, penalty rates or other compensation for, or a level of
remuneration that reflects an expectation of, work on the public holiday;
(E) the type of employment of the Employee (for example, whether full-time,
part-time, casual or shiftwork);
(F) the amount of notice in advance of the public holiday given by
the Employer when making the request;
(G) in relation to the refusal of a request--the amount of notice in advance of
the public holiday given by the Employee when refusing the request;
(H) any other relevant matter.
(c) Payment for absence on public holiday
If, in accordance with the NES, an Employee is absent from their employment on a day
or part-day that is a public holiday the Employer must pay the Employee
at the Employee's ordinary time rate of pay for the Employee’s ordinary hours of work
on the day or part-day that the Employee is absent from their employment;
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PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 45
Note: If the Employee does not have ordinary hours of work on the public holiday,
the employee is not entitled to payment under the NES. For example, the Employee is
not entitled to payment if the Employee is a casual employee who is not rostered on
for the public holiday, or is a part-time employee whose part-time hours do not include
the day of the week on which the public holiday occurs
38.2 Meaning of public holiday
(a) The public holidays to which this clause applies are the days determined under the
NES or Victorian law as public holidays (including subsititued or additional days).
(b) The list of public holidays that apply under the NES and Victorian law as at 22 August
2022 is as follows:
(i) 1 January (New Year's Day);
(ii) the Monday after 1 January (New Year's Day) when New Year's Day is a
Saturday or Sunday;
(iii) 26 January (Australia Day) or the Monday after Australia Day when Australia
Day is a Saturday or Sunday;
(iv) the second Monday in March (Labour Day);
(v) Good Friday;
(vi) Easter Saturday;
(vii) Easter Sunday
(viii) Easter Monday;
(ix) 25 April (ANZAC Day);
(x) Queen’s Birthday;
(xi) the Friday before the Australian Football League Grand Final;
(xii) the first Tuesday in November (Melbourne Cup Day);
(xiii) 25 December (Christmas Day);
(xiv) the Monday after Christmas Day when Christmas Day is a Saturday or the
Tuesday after Christmas Day when Christmas Day is a Sunday;
(xv) 26 December (Boxing Day);
(xvi) the Monday after 26 December (Boxing Day) when Boxing Day is a Saturday
or the Tuesday after Boxing Day when Boxing Day is a Sunday.
38.3 Melbourne Cup Day Substitution
Where, outside the Melbourne Metropolitan area, a public holiday is proclaimed in that
municipality for the observance of local events, that day will be observed as a public holiday
in lieu of Melbourne Cup Day.
38.4 Substitution of Public Holiday
(a) An Employer and Employeee may agree to substitute another day that would for
otherwise be a public holiday under the NES or this Agreement.
(b) An Employer and Employee may agree to substitute another part-day for a part-day
that would otherwise be a part-day public holiday under the NES or this Agreement.
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PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 46
38.5 Payment for work on public holiday:
All rostered time of ordinary duty performed on a public holiday shall be paid at the following
rates:
Employee Rate Payable
Full-time or Part-time Employee 250% per hour (based on 1/38th of
the weekly rate appropriate to the
Employee’s classification)
Casual Employee 275% per hour (based on 1/38th of
the weekly rate appropriate to the
Employee’s classification)
Note: The casual loading at subclause
18.6(d) is not payable.
39 Annual Leave
39.1 Basic Entitlement
(a) Employees, other than casual Employees, are entitled to four weeks' paid annual
leave per annum.
(b) Leave accrues progressively during a year of service and accumulates from year to
year.
(c) Entitlements for part-time Employees will be calculated on a pro rata basis.
39.2 Shift worker Definition for NES purposes
For the purposes of the additional weeks' annual leave provided by the NES for shiftworkers,
the following shall apply:
(a) a shiftworker is an employee who is regularly rostered to work Sundays and public
holidays.
39.3 Taking of leave
Subject to clause 40 below, Full-time and part-time Employees shall take annual leave:
(a) For a period agreed between an employee and their employer, and
(b) The Employer must not unreasonably refuse to agree to a request by the employee to
take paid annual leave.
39.4 Annual Leave Loading or penalties
For the period of annual leave in addition to their ordinary pay:
(a) an employee, other than a shiftworker, will be paid an annual leave loading of 17.5% of
their ordinary rate of pay subject to a capped rate of Level 3 (3);
(b) a shiftworker will be paid the higher of:
(i) an annual leave loading of 17.5% of their ordinary rate of pay subject to a
capped rate of Level 3 (3); or
(ii) the weekend penalties and shift allowances the Employee would have received
had they not been on leave during the relevant period.
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 47
(c) a shiftworker for the purposes of this subclause is an employee who is regularly
rostered to work their ordinary hours outside the span of ordinary hours of work of 6.00
am and 6.00 pm, Monday to Friday.
39.5 In the event of termination of employment the value of accrued, untaken annual leave (less
annual leave taken in advance) shall be paid to the Employee immediately after termination.
39.6 Where an Employer closes one or more of its operations for Christmas/New Year each year,
and provides not less than 4 weeks written notice to affected Employees, the Employees will
have the option of applying for Annual Leave, Long Service Leave, Time in Lieu or in the
event of insufficient Annual Leave or Time in Lieu credits, Leave Without Pay for this period.
39.7 Annual Leave in Advance
(a) An employer and employee may agree in writing to the employee taking a period of
paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is
to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years
of age, by the employee’s parent or guardian.
(c) The employer must keep a copy of any agreement under clause 39.7 as an employee
record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an
entitlement to all of a period of paid annual leave already taken in accordance with an
agreement under clause 39.7, the employer may deduct from any money due to the
employee on termination an amount equal to the amount that was paid to the
employee in respect of any part of the period of annual leave taken in advance to
which an entitlement has not been accrued.
39.8 Employees not taken to be on paid annual leave at certain times
(a) Public holidays
If an Employee takes paid annual leave during a period that includes a public
holiday, the Employee is taken not to be on paid annual leave on that day.
(b) Other Periods of Leave
(i) An Employee may take other types of leave, such as personal leave or
compassionate leave whilst on annual leave. An Employee is taken not to be on
paid annual leave whilst on other leave and the Employee's paid annual leave
accrual will be amended to reflect this. These provisions do not apply to unpaid
parental leave.
(ii) An Employee taking personal leave or Compassionate Leave during annual
leave will provide the Employer with evidence in accordance with clause 43
(Personal Leave) or clause 47 (Compassionate Leave) as the case may be.
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 48
40 Cashing out of Annual Leave
40.1 Paid annual leave must not be cashed out except in accordance with an agreement under
clause 40.
40.2 Each cashing out of a particular amount of paid annual leave must be the subject of a
separate agreement under clause 40.3.
40.3 An employer and an employee may agree in writing to the cashing out of a particular amount
of accrued paid annual leave by the employee.
40.4 An agreement under clause 40.3 must state:
(a) the amount of leave to be cashed out and the payment to be made to the employee for
it; and
(b) the date on which the payment is to be made.
(c) An agreement under clause 40.3 must be signed by the employer and employee and,
if the employee is under 18 years of age, by the employee’s parent or guardian.
(d) The payment must not be less than the amount that would have been payable had the
employee taken the leave at the time the payment is made.
(e) An agreement must not result in the employee’s remaining accrued entitlement to paid
annual leave being less than 4 weeks.
(f) The maximum amount of accrued paid annual leave that may be cashed out in any
period of 12 months is 2 weeks.
(g) The employer must keep a copy of any agreement under clause 40 as an employee
record.
41 Excessive Leave Accruals
41.1 General provisions
(a) An employee has an excessive leave accrual if the employee has accrued more than 8
weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined
by clause 39.2.
(b) If an employee has an excessive leave accrual, the employer or the employee may
seek to confer with the other and genuinely try to reach agreement on how to reduce
or eliminate the excessive leave accrual.
(c) Clause 41.2 sets out how an employer may direct an employee who has an excessive
leave accrual to take paid annual leave.
(d) Clause 41.3 sets out how an employee who has an excessive leave accrual may
require an employer to grant paid annual leave requested by the employee.
41.2 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause
41.1(b) but agreement is not reached (including because the employee refuses to
confer), the employer may direct the employee in writing to take one or more periods
of paid annual leave.
(b) However, a direction by the employer under clause 41.2(a):
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 49
(i) is of no effect if it would result at any time in the employee’s remaining accrued
entitlement to paid annual leave being less than 6 weeks when any other paid
annual leave arrangements (whether made under clause 41.1(b), 41.2 or 41.3 or
otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less
than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning
less than 2 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer
and employee.
(c) The employee must take paid annual leave in accordance with a direction under
clause 41.2(a) that is in effect.
(d) An employee to whom a direction has been given under clause 41.2(a) may request to
take a period of paid annual leave as if the direction had not been given.
41.3 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause
41.1(b) but agreement is not reached (including because the employer refuses to
confer), the employee may give a written notice to the employer requesting to take one
or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 41.3(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the
time of giving the notice; and
(ii) the employee has not been given a direction under clause 41.2(a) that, when
any other paid annual leave arrangements (whether made under clause 41.1(b),
41.2 or 41.3 or otherwise agreed by the employer and employee) are taken into
account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 41.3(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual
leave being at any time less than 6 weeks when any other paid annual leave
arrangements (whether made under clause 41.1, 41.2 or 41.3 or otherwise
agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than
one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less
than two weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and
employee.
(d) An employee is not entitled to request by a notice under clause 41.3(a) more than 4
weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by
clause 39.2) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 41.3(a).
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 50
42 Purchased Leave
42.1 A full time employee may, by agreement with the employer, purchase leave and with the
agreement of the employer, work between 44 weeks and 51 weeks per year.
42.2 Where the employer and an employee agree to a reduction in the number of working weeks
the Therapist/Hygienist will receive additional leave as follows:
44/52 weeks Additional 8 weeks leave (12 weeks in total)
45/52 weeks Additional 7 weeks' leave (11 weeks in total)
46/52 weeks Additional 6 weeks' leave (10 weeks in total)
47/52 weeks Additional 5 weeks' leave (9 weeks in total)
48/52 weeks Additional 4 weeks' leave (8 weeks in total)
49/52 weeks Additional 3 weeks' leave (7 weeks in total)
50/52 weeks Additional 2 weeks' leave (6 weeks in total)
51/52 weeks Additional 1 week's leave (5 weeks in total)
42.3 The employee will receive a salary equal to the period worked that will be spread over a 52
week period.
42.4 An employee may revert to ordinary 52 week employment by giving the employer no less
than four weeks' written notice. Where an employee so reverts to 52 week employment,
appropriate pro rata salary adjustments will be made.
43 Personal Leave
This clause does not apply to casual Employees.
43.1 Amount of Paid Personal Leave
(a) An Employee is entitled to 12 days (91.2 hours) of personal leave in a year of service.
(b) Paid personal leave accrues progressively during a year of service according to the
Employee’s ordinary hours of work (excluding overtime) and accumulates from year to
year.
43.2 Payment for leave
(a) Payment will be made based on the number of ordinary hours the Employee would
have worked on the day or days on which the leave was taken.
(b) An Employee utilising personal leave may take leave for part of a single day. Leave
will be deducted on a time for time basis from the Employee’s accrued personal leave.
43.3 Access to paid personal leave
Subject to the conditions set out in this clause, an Employee may take paid personal leave if
the leave is taken:
(a) due to personal illness or injury (personal leave); or
(b) to care for or support a member of the Employee’s immediate family or household
because of:
(i) a personal illness or injury affecting them; or
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 51
(ii) an unexpected emergency affecting them (carer’s leave).
43.4 Personal leave
(a) General
An Employee may take personal leave for the reasons described at subclause 43.3
above and 43.4(b) below.
(b) Personal Leave to Attend Appointments
An Employee may use up to five days personal leave, in aggregate, in any year of
service on account of a disability or where the Employee is required to attend a
registered health practitioner.
(c) Evidence requirements
An Employee taking personal leave will give the Employer evidence that would satisfy
a reasonable person the Employee is absent due to personal illness or injury, in the
case of leave taken to attend an appointment (see subclause 43.4(b) evidence of
attendance). Evidence that would satisfy a reasonable person that the Employee is
absent due to personal illness or injury includes:
(i) a medical certificate from a registered health practitioner; or
(ii) a Statutory Declaration signed by the Employee with respect to absences on
three occasions in any one year not exceeding three consecutive working days
each.
(d) Notice requirements
(i) An Employee should inform the Employer of their absence no less than 1.5
hours prior to the commencement of the rostered shift or as soon as reasonably
practicable to allow the Employer to take necessary steps to backfill the
absence. This provision does not apply where an Employee could not comply
because of circumstances beyond the Employee’s control.
(ii) The Employer will inform Employees of the procedure for notification by
Employees of their inability to attend work due to illness or injury. All such
notifications will be registered, detailing the time of notification and the name of
the Employee.
(e) Failure to provide notice of absence
Personal leave will not be withheld by an Employer until all reasonable steps have
been taken to investigate the Employee’s lack of advice as required by subclause
43.4(d) regarding the absence from duty. Such an investigation must provide the
Employee with an opportunity to give reasons as to why notification was not given.
43.5 Carer’s leave
(a) Evidence requirements
The Employee must, if required by the Employer, establish by production of a statutory
declaration or other evidence that would satisfy a reasonable person, that a member of
the Employee’s immediate family or household has either:
(i) an illness or injury; or
(ii) an unexpected emergency;
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 52
that requires their care or support. In the case of an unexpected emergency, the
Employee will identify the nature of the emergency. An ‘unexpected emergency’
includes providing care or support to a member experiencing family violence as
described at subclause 46.5(b).
(b) Notice requirements
The Employee must, where practicable, give the Employer notice of the intention to
take leave prior to the absence, that includes:
(i) the name of the person requiring care or support and their relationship to the
Employee;
(ii) the reasons for taking such leave; and
(iii) the estimated length of absence.
If it is not practicable for the Employee to give prior notice of absence, the Employee
must notify the Employer of the absence by telephone at the first opportunity on the
day of absence.
(c) Unpaid leave where accruals exhausted
An Employee who has exhausted paid personal leave entitlements is entitled to take
unpaid carer’s leave. The Employer and the Employee will agree on the period. In the
absence of agreement, the Employee is entitled to take up to two days (or two full
shifts where ordinary shifts exceed 8 hours) per occasion, provided the evidentiary
requirements are met.
43.6 Personal leave on a public holiday
See also clause 38 (Public Holidays)
If the period during which an Employee takes paid personal 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 leave on that public holiday.
43.7 Termination of Employment while on Personal Leave
No Employer will terminate the services of an Employee during the currency of any period of
personal leave, with the object of avoiding obligations under this clause.
44 Casual Employment – Caring Responsibilities
44.1 Subject to the evidentiary and notice requirements that apply to Carer’s Leave under clause
43.5, a casual Employee is entitled to be unavailable to attend work, or to leave work, if they
need to provide care or support to a member of the Employee’s immediate family or
household because of:
(a) a personal illness, or personal injury, affecting them; or
(b) an unexpected emergency affecting them; or
(c) the birth of a child.
44.2 The Employer and the Employee will agree on the period for which the Employee will be
entitled to be unavailable to attend work. In the absence of agreement, the Employee is
entitled to not be available to attend work for up to two days per occasion, which may be
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 53
taken as a single continuous period of up to two days or any separate periods to which the
Employer and Employer agree.
44.3 The casual Employee is not entitled to any payment for the period of non-attendance.
44.4 An Employer must not fail to re-engage a casual Employee because the Employee accessed
the entitlements provided for in this clause. The rights of an Employer to engage or not to
engage a casual Employee are otherwise not affected.
45 Fitness for Work
45.1 Fit for Work
(a) The Employer is responsible for providing a workplace that is safe and without risk to
health for Employees, so far as is reasonably practicable.
(b) Each Employee is responsible for ensuring that they are fit to perform their duties
without risk to the safety, health and well-being of themselves and others within the
workplace. This responsibility includes compliance with reasonable measures put in
place by the Employer and any related occupational health and safety requirements.
(c) In the event the Employee’s manager forms a reasonable belief as defined
at subclause 45.1(d) below that an Employee may be unfit to perform their duties, the
manager will discuss their concerns with the Employee in a timely manner to promote
physical, mental and emotional health so that employees can safely undertake and
sustain work.
(d) In this clause reasonable belief means a belief based on sufficient evidence that
supports a conclusion on the balance of probabilities.
(e) In this clause treating medical practitioner may include a psychologist.
(f) The Employer will:
(i) take all reasonable steps to give the Employee an opportunity to answer any
concerns;
(ii) recognise the Employee’s right to have a representative, including
a Union representative, at any time when meeting with the Employer;
(iii) genuinely consider the Employee’s response with a view to promoting physical,
mental and emotional health so that employees can safely undertake and sustain
work; and
(iv) take these responses into account in considering whether reasonable adjustments
can be made in order that the employee can safely undertake and sustain work.
(g) Where, after discussion with the Employee, the Employer continues to have a
reasonable belief that the Employee is unfit to perform the duties, the Employer may
request the Employee’s consent to obtain a report from the Employee’s treating
medical practitioner regarding the Employee’s fitness for work. The Employee will
advise the Employer of the Employee’s treating medical practitioner, and the Employer
will provide to the Employee, in writing, the concerns that form the basis of the
reasonable belief to assist and a copy of any correspondence to the Employee’s
treating medical practitioner.
(h) The Employee will provide a copy of the report to the Employer.
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 54
(i) The Employer and Employee will meet to discuss any report.
(j) If, on receipt of the report, the Employer continues to have a reasonable belief that the
Employee is unfit for duty, or the Employee does not provide a report from the treating
medical practitioner, the Employer may require the Employee to attend an independent
medical practitioner.
(k) Where the Employee attends a medical practitioner under either subclauses 45.1(g) or
45.1(j) above:
(i) the Employee will be provided with a copy of any
correspondence sent to the medical practitioner and any resulting report;
(ii) the Employer will pay for the cost of the appointment and report.
45.2 Nothing in this clause prevents an Employer from taking any reasonable step to ensure a
safe work environment.
45.3 Reasonable Adjustments
(a) Where Employees have a disability (whether permanent or temporary) the Employer is
required to make reasonable adjustments to enable the Employee to continue to
perform their duties, subject to subclause 45.3(a) below.
(b) An Employer is not required to make reasonable adjustments if the Employee could
not or cannot adequately perform the genuine and reasonable requirements of the
employment even after the adjustments are made.
(c) Definitions
(i) Disability has the same meaning as section 4 of the EO Act and includes:
(A) total or partial loss of a bodily function; or
(B) presence in the body of organisms that may cause disease;
(C) total or partial loss of a part of the body; or
(D) malfunction of a part of the body including a mental or psychological
disease or disorder or condition or disorder that results in a person
learning more slowly than those without the condition or disorder.
(ii) Reasonable adjustments has the same meaning as section 20 of the EO Act
and requires consideration of all relevant facts and circumstances including:
(A) the employee’s circumstances, including the nature of the disability;
(B) the nature of the Employee’s role;
(C) the nature of the adjustment required to accommodate the Employee’s
disability;
(D) the financial circumstances of the Employer;
(E) the size and nature of the workplace and the Employer’s business;
(F) the effect on the workplace and the Employer’s business of making the
adjustment including the financial impact, the number of persons who
would benefit or be disadvantaged and the impact of efficiency and
productivity;
(G) the consequences for the Employer in making the adjustment;
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 55
(H) the consequences for the Employee in not making the adjustment.
46 Family Violence Leave
NOTE: Family member is defined in section 8 of the Family Violence Protection Act 2008
(Vic) and is broader than the definition of immediate family in clause 4 (Definitions).
46.1 General Principle
(a) Each Employer recognises that Employees sometimes face situations of violence or
abuse in their personal life that may affect their attendance or performance at work.
Therefore, each Employer is committed to providing support to staff that experience
family violence.
(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, medical appointments, legal proceedings or appointments
with a legal practitioner and other activities related to, and as a consequence of, family
violence.
46.2 Definition of Family Violence
For the purposes of this clause, family violence is as defined by the Family Violence
Protection Act 2008 (Vic) which defines family violence at section 5, in part, as follows:
(a) behaviour by a person towards a family member of that person if that behaviour:
(i) is physically or sexually abusive;
(ii) is emotionally or psychologically abusive;
(iii) is economically abusive;
(iv) is threatening;
(v) is coercive;
(vi) in any other way controls or dominates the family member and causes that
family member to feel fear for the safety or wellbeing of that family member or
another person; or
(b) behaviour by a person that causes a child to hear or witness, or otherwise be exposed
to the effects of, behaviour referred to in subclause 46.2(a) above.
46.3 Eligibility
(a) Paid leave for family violence purposes is available to all Employees with the
exception of casual Employees.
(b) Casual Employees are entitled to access leave without pay for family violence
purposes.
46.4 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 child health nurse or
Lawyer. A signed statutory declaration can also be offered as evidence.
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 56
(b) All personal information concerning family violence will be kept confidential in line with
the Employer’s policies and relevant legislation. No information will be kept on an
Employee’s personnel file without their express written permission.
(c) No adverse action will be taken against an Employee if their attendance or
performance at work suffers as a result of experiencing family violence.
(d) The Employer will identify contact/s within the workplace who will be trained in family
violence and associated privacy issues. The Employer will advertise the name of any
Family Violence contacts within the workplace.
(e) An Employee experiencing family violence may raise the issue with their immediate
supervisor, Family Violence contacts, union delegate or nominated Human Resources
contact. The immediate supervisor may seek advice from Human Resources if the
Employee chooses not to see the Human Resources or Family Violence contact.
(f) Where requested by an Employee, the Human Resources contact will liaise with the
Employee’s manager on the Employee’s behalf, and will make a recommendation on
the most appropriate form of support to provide in accordance with clause 46.5 and
clause 46.6.
(g) The Employer will develop guidelines to supplement this clause and which details the
appropriate action to be taken in the event that an Employee reports family violence.
46.5 Leave
(a) An Employee experiencing family violence will have access to 20 days per year of paid
special leave (pro rata for part time Employees) following an event of family violence
and for related purposes such as counselling appointments, medical appointments,
legal proceedings or appointments with a legal practitioner and other activities related
to, and as a consequence of, 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 leave entitlement to accompany them to court, to hospital, or to care for
children. The Employer may require evidence consistent with subclause 46.4(a) from
an Employee seeking to utilise their personal/carer’s leave entitlement.
46.6 Individual Support
(a) In order to provide support to an Employee experiencing family violence and to provide
a safe work environment to all Employees, the Employer will approve any reasonable
request from an Employee experiencing family violence for:
(i) temporary or ongoing changes to their span of hours or pattern or hours and/or
shift patterns;
(ii) temporary or ongoing job redesign or changes to duties;
(iii) temporary or ongoing relocation to suitable employment;
(iv) a change to their telephone number or email address to avoid harassing contact;
(v) any other appropriate measure including those available under existing
provisions for family friendly and flexible work arrangements.
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 57
(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 will 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.
47 Compassionate Leave
47.1 When is Compassionate Leave available
Compassionate leave may be available under this clause 47 to an Employee if a member of
the Employee’s immediate family or household:
(a) contracts or develops a personal illness or sustains a personal injury that poses a
serious threat to their life;
(b) dies;
(c) a child is stillborn, where the child would have been a member of the Employee’s
immediate family, or a member of the Employee’s household, if the child had been
born alive; or
(d) the Employee or the Employee’s spouse or defacto partner, has a miscarriage.
(a “permissible occasion”).
47.2 Subclause 47.1(d) does not apply:
(a) if the miscarriage results in a stillborn child; or
(b) to a former spouse, or former defacto partner, of the Employee
Note: for the definition of stillborn child see subclause 50.2(m).
47.3 If the permissible occasion is the contraction or development of a personal illness, or the
sustaining of a personal injury, the Employee may take the compassionate leave for that
occasion at any time while the illness or injury persists.
47.4 Employees other than casual Employees
The provisions of subclauses 47.5 to 47.7 apply to all Employees other than casual
Employees. The entitlements of casual Employees are set out in subclause 47.8.
47.5 An Employee is entitled to up to 2 ordinary days’ paid leave, on each permissible occasion.
47.6 An Employee may take compassionate leave for a particular permissible occasion as:
(a) a single continuous 2 day period;
(b) 2 separate periods of one day each; or
(c) any separate periods to which the Employee and Employer agree.
47.7 An Employee may take unpaid additional compassionate leave by agreement with the
Employer.
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 58
47.8 Casual Employees
Subject to the evidence requirements described at subclause 47.9, a casual Employee is
entitled to 2 days unpaid compassionate leave on each permissible occasion. Unpaid
compassion leave under this subclause may be taken as:
(a) a single continuous period,
(b) two separate periods of one day each, or
(c) any separate periods to which the Employee and Employer agree.
47.9 Evidence – all Employees
Proof of the injury, illness or death must be provided that would satisfy a reasonable person,
if requested.
48 Pre-Natal Leave
48.1 An Employee required to attend pre-natal appointments or parenting classes that are only
available or can only be attended during the Employee’s ordinary rostered shift may, subject
to the provision of satisfactory evidence of attendance, access thier personal leave credit.
48.2 The Employee must give the Employer prior notice of the Employee's intention to take such
leave.
49 Pre-Adoption Leave
49.1 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.
49.2 The Employee and the Employer should agree on the length of the unpaid leave.
49.3 Where agreement cannot be reached, the Employee is entitled to take up to two days unpaid
leave.
49.4 Where paid leave is available to the Employee, the Employer may require the Employee to
take such leave instead.
50 Parental Leave
50.1 Structure of clause
This clause 50 is structured as follows:
(a) Structure of clause: subclause 50.1;
(b) Definitions: subclause 50.2
(c) Long parental leave – unpaid: subclause 50.3
(d) Short parental leave – unpaid: subclause 50.4
(e) Hospitalised children – agreement to not take unpaid Parental Leave: subclause
50.5
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 59
(f) Flexible Parental Leave – unpaid: subclause 50.6;
(g) Paid parental leave: subclause 50.7
(h) Notice and evidence requirements: subclause 50.8
(i) Parental leave associated with the birth of a Child – additional provisions subclause
50.9
(j) Unpaid pre-adoption leave: subclause 50.10
(k) Where placement does not proceed or continue: subclause 50.11
(l) Special maternity leave: subclause 50.12
(m) Variation of period of unpaid parental leave (up to 12 months): subclause 50.13
(n) Right to request extension of period of unpaid parental leave beyond 12 months:
subclause 50.14
(o) Parental leave and other entitlements: subclause 50.15
(p) Transfer to a safe job: subclause 50.16
(q) Returning to work after a period of parental leave: subclause 50.17
(r) Replacement Employees: subclause 50.18
(s) Communication during parental leave – organisational change: subclause 50.19;
and
(t) Keeping in touch days: subclause 50.20
Other provisions associated with parental leave are also included in this Agreement.
Specifically, prenatal leave at clause 48, flexible working arrangements which includes the
right to request to return from parental leave on a part time basis at clause 16, leave to
attend interviews and examinations relevant to adoption leave (pre-adoption leave) at clause
49 and breastfeeding at clause 51.
50.2 Definitions
For the purposes of this clause 50:
(a) Child means:
(i) in relation to birth-related leave, a child (or children from a multiple birth) of the
Eligible Employee or the Eligible Employee’s Spouse;
(ii) in relation to adoption-related leave, a child (or children) under 16 (as at the day
of placement or expected day of placement) who is placed or who is to be
placed with the Eligible Employee for the purposes of adoption, other than a
child or step-child of the Eligible Employee or of the Spouse of the Eligible
Employee or a child who has previously lived continuously with the Eligible
Employee for a period of six (6) months or more (Adopted Child); or
(iii) as the case requires, includes a Stillborn Child.
(b) Continuous Service includes continuous service with one and the same Employer or
continuous service with more than one Employer including Institutions or Statutory
Bodies (as defined at subclause 52.9), and includes any period of employment that
would count as service under the Act.
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 60
(c) Eligible Casual Employee means an Employee employed by the Employer in casual
employment on a regular and systematic basis for a sequence of periods of
employment during a period of at least 12 months and who has, but for the birth or
expected birth of a Child or the decision to adopt a Child, a reasonable expectation of
continuing engagement by the Employer on a regular and systematic basis.
(d) Eligible Employee for the purposes of this clause 50 means an Employee who has at
least 12 months’ Continuous Service or an Eligible Casual Employee as defined
above.
(e) Employee Couple has the same meaning as under the Act.
(f) Flexible Parental Leave means the 30 days' unpaid parental leave an Eligible
Employee may take under subclause 50.6 as part of their 52 weeks' entitlement of
Parental Leave.
(g) Long Parental Leave means the 52 weeks’ parental leave an Eligible Employee may
take under subclause 50.3.
(h) Notional Flexible Period is the period during which the Eligible Employee would be
on Flexible Parental Leave if the Eligible Employee took leave for all of the Eligible
Employee's notified flexible days in a single continuous period.
(i) Primary Carer means the person who has or will have a responsibility for the care of
the Child. For the purpose of clause 50.7, only one person can be the Child’s Primary
Carer on a particular day and means the person who meets the Child’s physical needs
more than anyone else.
(j) Short Parental Leave means the up to eight weeks’ concurrent parental leave an
Eligible Employee may take under subclause 50.4.
(k) Spouse includes a person to whom the Eligible Employee is married and a de facto
partner, former spouse or former de facto spouse of the Employee. A de facto Spouse
means a person who lives with the Employee as husband, wife or same-sex partner on
a bona fide domestic basis.
(l) Stillbirth means the delivery of a Stillborn Child.
(m) Stillborn Child means:
(i) a child who weighs at least 400 grams at delivery or whose period of gestation
was at least 20 weeks; and
(ii) who has not breathed since delivery; and
(iii) whose heart has not beaten since delivery.
50.3 Long Parental Leave – Unpaid
(a) An Eligible Employee is entitled to 52 weeks unpaid Long Parental Leave if:
(i) the leave is associated with:
(A) the birth of a Child of the Eligible Employee or the Eligible Employee’s
Spouse; or
(B) the placement of a Child with the Eligible Employee for adoption; and
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 61
(ii) the Eligible Employee has or will have a responsibility for the care of the Child,
or in the case of a Stillbirth, the Eligible Employee would have had a
responsibility for the care of the Child if the Child had been born alive.
(b) Except as provided at subclause 50.6 (Flexible Parental Leave - Unpaid) and
subclause 50.20 (Keeping in Touch Days), the Eligible Employee must take the leave
in a single continuous period.
(c) Where an Eligible Employee is a member of an Employee Couple, except as provided
at subclauses 50.6 (Flexible Parental Leave - Unpaid) and 50.4 (Short Parental Leave
– Unpaid), parental leave must be taken by only one parent of an Employee Couple at
a time in a single continuous period.
(d) Each member of an Employee Couple may take a separate period of up to 12 months
of Long Parental Leave. The period of Long Parental Leave will be reduced by any
period of Short Parental Leave taken by the Eligible Employee.
(e) Subject to subclause 50.3(f), an Eligible Employee may be able to extend a period of
unpaid parental leave in accordance with subclause 50.13 (Variation of period of
unpaid parental leave - up to 12 months).
(f) An Eligible Employee’s entitlement to Long Parental Leave (other than Flexible
Parental Leave) will end on the first day that the Eligible Employee takes Flexible
Parental Leave. This means that if an Eligible Employee intends on taking a period of
continuous unpaid parental leave they must do so before they take any Flexible
Parental Leave.
50.4 Short Parental Leave – Unpaid
(a) This clause applies to an Eligible Employee who is a member of an Employee
Couple.
(b) An Eligible Employee who is not at that point taking Long Parental Leave may take
up to eight weeks’ leave concurrently with any parental leave taken by the other
member of the Employee Couple. Short Parental Leave may be taken in separate
periods but, unless the Employer agrees, each period must not be shorter than two
weeks.
(c) The period of Short Parental Leave will be deducted from the period of Long Parental
Leave to which the Eligible Employee is entitled under subclause 50.3 (if applicable).
50.5 Hospitalised children – agreement to not take unpaid Parental Leave
(a) If:
(i) a Child is required to remain in hospital after the Child's birth, or is
hospitalised immediately after the Child's birth, including because:
(A) the Child was born prematurely; or
(B) the Child developed a complication or contracted an illness during
the child's period of gestation or at birth; or
(C) the Child developed a complication or contracted an illness following
the Child's birth; and
(ii) an Employee, whether before or after the birth of the Child, gives notice in
accordance with subclause 50.8 of the taking of a period of unpaid parental
leave (the original leave period) in relation to the Child,
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 62
then the Employee may agree with their Employer that the Employee will not take
unpaid parental leave for a period (the permitted work period) while the Child
remains in hospital.
(b) If the Employee and Employer so agree, then the following rules have effect:
(i) the Employee is taken to not be taking unpaid parental leave during the
permitted work period;
(ii) the permitted work period does not break the continuity of the original leave
period; and
(iii) the Employee is taken to have advised the Employer, for the purposes of
subclause 50.8(b), of an end date for the original leave period that is the date
on which that period would end if it were extended by a period equal to the
permitted work period.
(c) The permitted work period must start after the birth of the Child.
(d) The permitted work period ends at the earliest of the following:
(i) the time agreed by the Employer and Employee;
(ii) the end of the day of the Child's first discharge from hospital after birth; or
(iii) if the Child dies before being discharged, the end of the day the Child dies.
(e) Only one period of may be agreed to under subclause 50.5(a)(i) for which the
Employee will not take unpaid parental leave in relation to the Child.
(f) The Employee must, if required by the Employer, give the Employer evidence
(including without limitation, a medical certificate) that would satisfy a reasonable
person of either or both of the following:
(i) that subclause 50.5(a)(i) applies in relation to the child;
(ii) that the Employee is fit for work.
50.6 Flexible Parental Leave - Unpaid
(a) An Eligible Employee may take up to 30 days of their Parental Leave entitlement
(Flexible Parental Leave - Unpaid) during the 24-month period starting on the date of
birth (including a Stillbirth) or day of placement of the Child if the requirements of this
sub-clause 50.6 are satisfied in relation to the leave.
(b) The number of days of Flexible Parental Leave that the Eligible Employee takes must
not be more than the number of flexible days notified to the Employer under
subclause 50.8(f)(iii) (subject to any agreement under subclause 50.6(f)(iv)).
(c) An Eligible Employee must take the Flexible Parental Leave as:
(i) a single continuous period of one (1) or more days; or
(ii) separate periods of one (1) or more days each.
(d) An Eligible Employee may take the Flexible Parental Leave whether or not they have
taken unpaid Long Parental Leave under this clause 50.
(e) An Eligible Employee may take Flexible Parental Leave after taking one or more
periods of unpaid Parental Leave under this clause 50 only if the total of those
periods (disregarding any extension under sub-clause 50.13 or 50.14) is no longer
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 63
than 12 months, less the employee's Notional Flexible Period, provided that the
calculation is based on the assumption that:
(i) the Eligible Employee ordinarily works each day that is not a Saturday or
Sunday; and
(ii) there are no public holidays during the period.
(f) A member of an Employee Couple (the first employee) may take Flexible Parental
Leave on the same day as the other member of the Employee Couple (the other
employee) is taking unpaid Parental Leave only if the total of all periods of unpaid
parental leave the first employee takes at the same time as the other employee is no
longer than eight 8 weeks.
50.7 Paid Parental Leave
(a) Upon an Eligible Employee commencing parental leave:
(i) an Eligible Employee who will be the Primary Carer taking Long Parental Leave
at the time of the birth or adoption of the Child will be entitled to 12 weeks’ paid
parental leave and superannuation in accordance with subclause 24.5(c) or
(ii) an Eligible Employee taking Short Parental Leave who will not be the Primary
Carer at the time of the birth or adoption of the Child will be entitled to one
week’s paid parental leave.
Note: the above is subject to clause 50.5, in which case the Employee taking Long
or Short Parental Leave may agree with the Employer that the Employee will not
take Long or Short Parental Leave during the permitted work period while the Child
remains hospitalised.
(b) Paid parental leave is in addition to any relevant Commonwealth Government paid
parental leave scheme (subject to the requirements of any applicable legislation).
(c) The Employer and Eligible Employee may reach agreement as to how the paid
parental leave under this Agreement is paid. For example, such leave may be paid in
smaller amounts over a longer period, consecutively or concurrently with any relevant
Commonwealth Government parental leave scheme (subject to the requirements of
any applicable legislation) and may include a voluntary contribution to
superannuation.
(d) Such agreement must be in writing and signed by the parties. The Eligible Employee
must nominate a preferred payment arrangement at least four weeks prior to the
expected date of birth or date of placement of the Child. In the absence of
agreement, such leave will be paid during the ordinary pay periods corresponding
with the period of the leave.
(e) A variation to the payment of paid parental leave resulting in the paid leave being
spread over more than 12 weeks does not affect the period of continuous service
recognised. For example, an Employee taking 24 weeks at half pay will, for the
purpose of calculating continuous service, have ten weeks of continuous service
recognised. An Employee taking five (5) weeks at double pay will have 10 weeks of
continuous service recognised.
(f) The paid parental leave prescribed by this clause will be concurrent with any relevant
unpaid entitlement prescribed by the NES / this Agreement.
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 64
50.8 Notice and evidence requirements
(a) Subject to subclause 50.8(e) (Notice – Flexible Parental Leave - Unpaid), an Eligible
Employee must give at least 10 weeks written notice of the intention to take parental
leave (save that if parental leave is to be taken in seperate periods of concurrent
leave under subclause 50.4(b) and the leave is not the first of those leave periods
only notice of at least 4 weeks before starting concurrent leave is required), 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 Carer or non-Primary Carer 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.
(b) Subject to clause 50.8(e) (Notice - Flexible Parental Leave), aAt least four weeks
before the intended commencement of parental leave, the Employee must confirm in
writing the intended start and end dates of the parental leave, or advise the Employer
of any changes to the notice provided in subclause Error! Reference source not
found. unless it is not practicable to do so. This does not apply to a notice for a
period of concurrent leave period referred to in subclause 50.8(a) that already
requires four (4) weeks’ notice.
(c) The Employer may require the Employee to provide evidence which would satisfy a
reasonable person of:
(i) in the case of birth-related leave, the date of birth of the Child (including without
limitation, a medical certificate or certificate from a registered midwife, 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 the birth of the Child 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.
(e) Notice requirements - Flexible Parental Leave - Unpaid
(i) If an Employee wishes to take unpaid Flexible Parental Leave, the Employee
must give notice to the Employer as follows:
(A) where the Employee also takes unpaid Long Parental Leave or Short
Parental Leave under subclauses 50.3 or 50.4 (the original leave);
(i) at the same time as the Employee gives notice in accordance with
subclause 50.8(a) in relation to the original leave, unless subclause
50.8(e)(A)(ii) below applies; or
(ii) if the Employee takes more than one period of unpaid Short
Parental Leave, at the same time as the Employee gives notice in
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 65
accordance with subclause 50.8(a) in relation to the first of those
periods of leave; or
(B) otherwise - at least 10 weeks before starting the Flexible Parental Leave.
(ii) If the Employer agrees, the notice may be given at a later time than that
specified in subclause 50.8(e)(i).
(iii) The notice under subclause 50.8(e)(i) must specify the total number of days
(Flexible Days) of Flexible Parental Leave that the Employee intends to take in
relation to the Child
(iv) If the Employer agrees, the Employee may:
(A) reduce the number of flexible days, including by reducing the number of
flexible days to zero; or
(B) increase the number of flexible days, but not so as to increase the
number of flexible days above 30.
(v) The Employee must give the Employer written notice of a flexible day on which
the Employee will take Flexible Parental Leave:
(A) at least four (4) weeks before that day; or
(B) if that is not practicable, as soon as practicable (which may be a time
after the leave has started).
(vi) If the Employer agrees, the Employee may change a day on which the
Employee takes Flexible Parental Leave from a day specified in a notice under
subsection 50.8(e)(v).
50.9 Parental leave associated with the birth of a Child – additional provisions
(a) Subject to the limits on duration of parental leave set out in this Agreement and
unless agreed otherwise between the Employer and Eligible Employee, an Eligible
Employee who is pregnant may commence Long Parental Leave at any time up to
six weeks immediately prior to the expected date of birth.
(b) Six weeks before the birth
(i) Where a pregnant Eligible Employee continues to work during the six week
period immediately prior to the expected date of birth, the Employer may require
the Eligible Employee to provide a medical certificate stating that she is fit for
work and, if so, whether it is inadvisable for her to continue in her present
position because of illness or risks arising out of the Eligible Employee’s
pregnancy or hazards connected with the position.
(ii) Where a request is made under subclause 50.9(b)(i) and an Eligible Employee:
(A) does not provide the Employer with the requested certificate within
seven days of the request; or
(B) within seven days after the request, the Eligible Employee gives the
Employer a medical certificate stating that the Eligible Employee is not fit
for work;
the Employer may require the Eligible Employee to commence their parental
leave as soon as practicable.
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 66
(iii) Where a request is made under subclause 50.9(b)(i) and an Eligible Employee
provides a medical certificate that states that the Eligible Employee is fit for work
but it is inadvisable for the Eligible Employee to continue in her present position
during a stated period, subclause 50.16 (Transfer to a safe job) will apply.
50.10 Unpaid pre-adoption leave
Employees’ entitlement to pre-adoption leave is set out at clause 49.
50.11 Where placement does not proceed or continue
(a) Where the placement of the Child for adoption with an Eligible Employee does not
proceed or continue, the Eligible Employee must notify the Employer immediately.
(b) Where the Eligible Employee had, at the time, started a period of adoption-related
leave in relation to the placement, the Eligible Employee’s entitlement to adoption-
related leave is not affected, except where the Employer gives written notice under
subclause 50.11(c).
(c) The Employer may give the Eligible Employee written notice that, from a stated day
no earlier than four weeks after the day the notice is given, any untaken long
adoption-related leave is cancelled with effect from that day.
(d) Where the Eligible Employee wishes to return to work due to a placement not
proceeding or continuing, the Employer must nominate a time not exceeding four (4)
weeks from receipt of notification for the Eligible Employee’s return to work.
50.12 Special maternity leave
(a) Entitlement to unpaid special birth-related leave
(i) A female Eligible Employee is entitled to a period of unpaid special leave if she
is not fit for work during that period because:
(A) she has a pregnancy-related illness; or
(B) the pregnancy after a period of gestation of at least 12 weeks otherwise
than by the birth of a living Child or a Stillbirth.
(ii) A female Eligible Employee who has an entitlement to personal leave may, in
part or whole, take personal leave instead of unpaid special leave under this
clause.
(iii) Where the pregnancy ends more than 28 weeks from the expected date of birth
of the Child, the Eligible Employee is entitled to access any paid and/or unpaid
personal leave entitlements in accordance with the relevant personal leave
provisions.
(b) Entitlement to paid special birth-related leave
(i) A female Eligible Employee is entitled to a period of paid special leave if the
pregnancy terminates at or after the completion of 20 weeks’ gestation or the
Eligible Employee gives birth but the baby subsequently dies.
(ii) Paid special leave is paid leave not exceeding the amount of paid leave
available to Primary Carers under subclause 50.7(a)(i) (plus superannuation).
(iii) Paid special leave is in addition to any unpaid special leave taken under
subclause (i).
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 67
(iv) Paid leave available to non-Primary Carers under subclause 50.7(a)(ii) will also
apply in these circumstances.
(c) Evidence
If an Eligible Employee takes leave under this clause the Employer may require the
Eligible Employee to provide evidence that would satisfy a reasonable person of the
matters referred to in subclause 50.12 or to provide a certificate from a registered
medical practitioner. The Eligible Employee must give notice to the Employer as soon
as practicable, advising the Employer of the period or the expected period of the leave
under this provision.
50.13 Variation of period of unpaid parental leave (up to 12 months)
(a) Where an Eligible Employee has:
(i) given notice of the taking of a period of Long Parental Leave under subclause
50.3; and
(ii) the length of this period of Long Parental Leave as notified to the Employer is
less than the Eligible Employee’s available entitlement to Long Parental Leave;
andhas commenced the period of Long Parental Leave; and
(iii) not taken a period of Flexible Parental Leave – Unpaid;
the Eligible Employee may extend the period of parental leave on one occasion. Any
extension is to be notified as soon as possible but no less than four weeks prior to
the commencement of the changed arrangements. Nothing in this clause detracts
from the basic entitlement in subclause 50.3 or subclause 50.14.
(b) If the Employer and Eligible Employee agree, the Eligible Employee may further
change the period of parental leave.
50.14 Right to request an extension of period of unpaid parental leave beyond 12 months
(a) An Eligible Employee entitled to Long Parental Leave pursuant to the provisions of
subclause 50.3 may request the Employer to allow the Eligible Employee to extend
the period of Long Parental Leave by a further continuous period of up to 12 months
immediately following the end of the available parental leave.
(b) Request to be in writing
The request must be in writing and must be given to the Employer at least four weeks
before the end of the available parental leave period.
(c) Response to be in writing
The Employer must give the Eligible Employee a written response to the request
stating whether the Employer grants or refuses the request. The response must be
given as soon as practicable, and not later than 21 days, after the request is made.
(d) Refusal only on reasonable business grounds
The Employer may only refuse the request on reasonable business grounds.
(e) Reasons for refusal to be specified
If the Employer refuses the request, the written response must include details of the
reasons for the refusal.
(f) Reasonable opportunity to discuss
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 68
The Employer must not refuse the request unless the Employer has given the Eligible
Employee a reasonable opportunity to discuss the request.
(g) Employee Couples
Where a member of an Employee Couple is requesting an extension to a period of
Long Parental Leave in relation to a Child:
(i) the request must specify any amount of Long Parental Leave that the other
member of the Employee Couple has taken, or will have taken in relation to the
Child before the extension starts;
(ii) if the other member of the Employee Couple has given notice of an intention to
take Flexible Parental Leave (in accordance with subclause 50.8(e)), the request
must specify the number of flexible days that will not have been taken when the
period of extended leave commences;
(iii) the period of extension cannot exceed 12 months, less any period of Long
Parental Leave (other than Flexible Parental Leave) that the other member of
the Employee Couple has taken, or will have taken, in relation to the Child
before the extension starts, as well as a period equal to the other member's
Notional Flexible Period (if subparagraph 50.14(g)(ii) applies above); and
(iv) the amount of Long Parental Leave to which the other member of the Employee
Couple is entitled under subclause 50.3 in relation to the Child is reduced by the
period of the extension.
(h) No extension beyond 24 months
An Eligible Employee is not entitled to extend the period of Long Parental Leave
beyond 24 months after the date of birth or day of placement of the Child.
50.15 Parental leave and other entitlements
An Eligible Employee may use any accrued annual leave or long service leave entitlements
concurrently with Long Parental Leave, save that taking that leave does not have the effect
of extending the period of Long Parental Leave. If the employee does so, the taking of that
other paid leave does not break the continuity of the period of unpaid parental leave.
50.16 Transfer to a safe job
(a) Where an Employee is pregnant and provides evidence that would satisfy a
reasonable person that she is fit for work but it is inadvisable for the Employee to
continue in her present position for a stated period (the risk period) because of:
(i) illness or risks arising out of the pregnancy, or
(ii) hazards connected with the position,
the Employee must be transferred to an appropriate safe job if one is available for the
risk period, with no other change to the Employee’s terms and conditions of
employment.
(b) Paid no safe job leave
If:
(iii) subclause 50.16(a) applies to a pregnant Eligible Employee but there is no
appropriate safe job available; and
(ii) the Eligible Employee is entitled to Long Parental Leave; and
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 69
(iii) the Eligible Employee has complied with the notice of intended start and end
dates of leave and evidence requirements under subclause 50.8 for taking Long
Parental Leave;
then the Eligible Employee is entitled to paid no safe job leave for the risk period.
(c) If the Eligible Employee takes paid no safe job leave for the risk period, the Employer
must pay the Eligible Employee at the Eligible Employee’s rate of pay set out in
Appendix Two for the Eligible Employee's ordinary hours of work in the risk period
(d) This entitlement to paid no safe job leave is in addition to any other leave entitlement
the Eligible Employee may have.
(e) If an Eligible Employee, during the six week period before the expected date of birth, is
on paid no safe job leave, the Employer may request that the Eligible Employee
provide a medical certificate within seven (7) days stating whether the Eligible
Employee is fit for work.
(f) If, the Eligible Employee has either:
(i) not complied with the request from the Employer under (e) above; or
(ii) provided a medical certificate stating that she is not fit for work;
then the Eligible Employee is not entitled to no safe job leave and the Employer may
require the Eligible Employee to take parental leave as soon as practicable.
(g) Unpaid no safe job leave
If:
(i) subclause 50.16(a) applies to a pregnant Employee but there is no appropriate
safe job available; and
(ii) the Employee will not be entitled to Long Parental Leave as at the expected date
of birth; and
(iii) the Employee has given the Employer evidence that would satisfy a reasonable
person of the pregnancy if required by the Employer (which may include a
requirement to provide a medical certificate),
the Employee is entitled to unpaid no safe job leave for the risk period.
50.17 Returning to work after a period of parental leave
(a) An Eligible Employee must confirm to the Employer that the Eligible Employee will
return to work as scheduled after a period of Long Parental Leave at least four weeks
prior to the end of the leave, or where that is not practicable, as soon as practicable.
(b) An Eligible Employee will be entitled to return:
(i) unless subclause 50.17(b)(ii) or subclause 50.17(b)(iii) applies, to the position
which they held immediately before proceeding on parental leave;
(ii) if the Eligible Employee was promoted or voluntarily transferred to a new
position (other than to a safe job pursuant to subclause 50.16), to the new
position;
(iii) if subclause 50.17(b)(ii) does not apply, and the Eligible Employee began
working part-time because of the pregnancy of the Eligible Employee, or his or
her Spouse, to the position held immediately before starting to work part-time.
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 70
(c) Subclause 50.17(b)is not to result in the Eligible Employee being returned to the safe
job to which the Eligible Employee was transferred under subclause 50.16. In such
circumstances, the Eligible Employee will be entitled to return to the position held
immediately before the transfer.
(d) Where the relevant former position (per subclauses 50.17(b) and 50.17(c) above) no
longer exists, an Eligible Employee is entitled to return to an available position for
which the Eligible Employee is qualified and suited nearest in status and pay to that of
their pre-parental leave position.
(e) The Employer must not fail to re-engage an Eligible Employee because:
(i) the Eligible Employee or Eligible Employee’s Spouse is pregnant; or
(ii) the Eligible Employee is or has been immediately absent on parental leave.
(f) The rights of the Employer in relation to engagement and re-engagement of casual
Employees are not affected, other than in accordance with this clause 50.
(g) Stillbirth or death of child – cancelling leave or returning to work
(i) In the event of a Stillbirth, or if a Child dies during the 24-month period starting
on the child's date of birth, then an Eligible Employee who is entitled to a period
of parental leave in relation to the Child may:
(A) before the period of leave starts, give their Employer written notice
cancelling the leave; or
(B) if the period of leave has started, give their Employer written notice that
the Employee wishes to return to work on a specified day (which must be
at least 4 weeks after the date on which the Employer receives the notice).
(ii) Where notice under subclause (i) is given, the Employee's entitlement to
Parental Leave in relation to the Child ends:
(A) if the action is taken under subclause (A), immediately after the
cancellation of the leave; or
(B) if the action is taken under subclause (B), immediately before the specified
day.
(iii) This subclause 50.17(g) does not limit subclause 50.13(b) (dealing with the
Employee varying the period of unpaid parental leave with the agreement of the
Employer).
(h) Employee who ceases to have responsibility for care of Child
(i) This subclause 50.17(h) applies to an Employee who has taken unpaid Parental
Leave in relation to a Child if the Employee ceases to have any responsibility for
the care of the Child for a reason other than because:
(A) of a Stillbirth; or
(B) the Child dies during the 24-month period starting on the child's date of
birth.
(ii) The Employer may give the Employee written notice requiring the Employee to
return to work on a specified day.
(iii) The specified day:
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 71
(A) must be at least (4) weeks after the notice is given to the Employee; and
(B) if the leave is birth-related leave taken by a female Employee who has
given birth, must not be earlier than six (6)weeks after the date of birth of
the Child.
(i) The Employee's entitlement to Parental Leave in relation to the Child ends
immediately before the specified day.
50.18 Replacement Employees
(a) A replacement Employee is an Employee specifically engaged or temporarily
promoted or transferred, as a result of an Eligible Employee proceeding on parental
leave.
(b) Before the Employer engages a replacement Employee, the Employer must inform
that person of the temporary nature of the employment and of the rights of the Eligible
Employee who is being replaced to return to their pre-parental leave position.
50.19 Communication during parental leave – organisational change
(a) Where an Eligible Employee is on parental leave and the Employer proposes a change
that will have a significant effect within the meaning of clause 11 Consultation) of this
Agreement on the Eligible Employee’s pre-parental leave position, the Employer will
comply with the requirements of clause 11(Consultation) which include but are not
limited to providing:
(i) information in accordance with subclause 0; and
(ii) an opportunity for discussions with the Eligible Employee and, where relevant,
the Eligible Employee’ representative in accordance with subclause 11.6.
(b) The Eligible Employee will take reasonable steps to inform the Employer about any
significant matter that arises whilst the Eligible Employee is taking parental leave that
will affect the Eligible Employee’s decision regarding the duration of parental leave to
be taken, whether the Eligible Employee intends to return to work and whether the
Eligible Employee intends to request to return to work on a part-time basis.
(c) The Eligible Employee will also notify the Employer of changes of address or other
contact details which might affect the Employer’s capacity to comply with subclause
50.19.
50.20 Keeping in touch days
(a) This clause does not prevent an Eligible Employee from performing work for the
Employer on a keeping in touch day while the Eligible Employee is taking Long
Parental Leave. If the Eligible Employee does so, the performance of that work does
not break the continuity of the period of Long Parental Leave.
(b) Any day or part of a day on which the Eligible Employee performs work for the
Employer during the period of leave is a keeping in touch day if:
(i) the purpose of performing the work is to enable the Eligible Employee to keep in
touch with his or her employment in order to facilitate a return to that
employment after the end of the period of leave; and
(ii) both the Eligible Employee and Employer consent to the Eligible Employee
performing work for the Employer on that day; and
(iii) the day is not within:
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 72
(A) if the Eligible Employee suggested or requested that they perform work for
the Employer on that day – 14 days after the date of birth, or day of
placement, of the Child to which the period of leave relates; or
(B) otherwise – 42 days after the date of birth, or day of placement, of the
Child; and
(iv) the Eligible Employee has not already performed work for the Employer or
another entity on ten days during the period of leave that were keeping in touch
days, subject to (d) (ii) below.
(c) The Employer must not exert undue influence or undue pressure on an Eligible
Employee to consent to a keeping in touch day.
(d) For the purposes of subclause 50.20(b)(iv) the following will be treated as two
separate periods of unpaid parental leave:
(i) a period of Long Parental Leave taken during the Eligible Employee’s available
parental leave period under subclause 50.3; (Long Parental Leave – Unpaid)
and 50.13 (Variation of periods of unpaid parental leave (up to 12 months)); and
(ii) an extension of the period of Long Parental Leave under subclause 50.13 (Right
to request an extension of period of unpaid parental leave beyond 12 months).
(e) Subclause 50.20 (a) does not apply in relation to the Eligible Employee on and after
the first day on which the Employee takes flexible unpaid parental leave in relation to
the Child.
51 Breastfeeding
51.1 Paid break
Each Employer will provide reasonable paid break time for an Employee to express breast
milk for her nursing child each time such Employee has need to express the milk, or
breastfeed the child within the workplace, for one year after the child’s birth.
51.2 Place to express or feed
Employers will also provide a comfortable place, other than a bathroom, that is shielded from
view and free from intrusion from co-workers and the public, which may be used by an
employee to express breast milk or breastfeed a child in privacy.
51.3 Storage
Appropriate refrigeration will be available in proximity to the area for breast milk storage.
Responsibility for labelling, storage and use is with the Employee.
52 Long Service Leave
52.1 Entitlement
An Employee shall be entitled to long service leave with pay in respect of continuous service
with the Employer in accordance with the provisions of this clause.
52.2 Subject hereof, the amount of such entitlement shall be:
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 73
(a) on completion by the officer of 15 years' continuous service - six months' long service
leave and thereafter an additional two months' long service leave on the completion of
each additional five years' service;
(b) in addition, in the case of an Employee who has completed more than 15 years'
service and whose employment is terminated otherwise than by the death of the
officer, an amount of long service leave equal to one-thirtieth of the period of the
Employees service since the last accrual of entitlement to long service leave under
clause 52.8(a).
(c) in the case of an Employee who has completed at least 10 years' service, but less
than 15 years' service and whose employment is terminated for any cause other than
serious and wilful misconduct, such amount of long service leave as equals one-
thirtieth of the period of service.
52.3 Service Entitling to Leave
(a) Subject to this sub-clause, the service of an Employee of an Employer shall include
service for which long service leave, or payment in lieu, has not been received in one
or more Employers directly associated with such Employer for the periods required
hereof.
(b) Subject to this sub-clause, the service of an Employee of an Employer shall include
service for which long service leave, or payment in lieu, has not been received in one
or more stand-alone Community Health Centres or public health service or an
Employer listed in this Agreement as defined in Appendix One for the periods required
hereof.
(c) Subject to this sub-clause, service shall also include all periods during which an
Employee was serving in Her Majesty's Forces or was made available by the
Employer for National Duty.
(d) When calculating the aggregate of service entitling to leave any period of employment
with any one of the said Institutions or Statutory Bodies of less than six months'
duration shall be disregarded.
(e) Where a business is transmitted from one agency (the transmittor) to another agency
(the transmittee), an Employee who worked with the transmittor and who continues in
service of the transmittee shall be entitled to count service with the transmittor as
service with the transmittee for the purposes of this clause.
(f) For the purpose of this clause, service shall be deemed to be continuous
notwithstanding:
(i) the taking of any annual leave, long service leave or other paid leave approved
in writing by the Employer and not covered by clauses 52.3(f)(ii)or
52.3(f)(iv)below;
(ii) any absence from work of not more than 14 days in any year on account of
illness or injury or, if applicable, such longer period as provided in the Personal
Leave clause of this Agreement;
(iii) any interruption or ending of the employment by the Employer if such
interruption or ending is made with the intention of avoiding obligations in
respect of long service leave or annual leave;
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 74
(iv) any absence on account of injury arising out of or in the course of the
employment of the officer for a period during which payment is made under
WorkCover/Workers' compensation;
(v) any unpaid leave of absence of the officer where the absence is authorised, in
advance in writing, by the Employer to be counted as service;
(vi) any interruption arising directly or indirectly from an industrial dispute;
(vii) any period of absence from employment between the engagement with one of
the said Institutions of Statutory Bodies and another provided it is less than the
Employee’s allowable period of absence from employment. An Employee’s
allowable period of absence from employment shall be five weeks in addition to
the total period of paid annual and/or sick leave which the officer actually
received on termination or from which the Employee is paid lieu;
(viii) the dismissal of an Employee if the officer is re-employed within a period not
exceeding two months from the date of such dismissal;
(ix) any unpaid absence from work of a female officer for a period not exceeding 12
months in respect of any pregnancy;
(x) any other absence of an Employee by leave of the Employer, or an account of
injury arising out of or in the course of their employment not covered by clause
52.3(f)(iv).
(g) In calculating the period of continuous service of any officer, any interruption or
absence of a kind mentioned in clauses 52.3(f)(i) to 52.3(f)(v), shall be counted as part
of the period of service, but any interruption or absence of a kind mentioned in clauses
52.3(f)(vi) to 52.3(f)(x)of the said sub-clause shall not be counted as part of the period
of service unless it is so authorised in writing by the Employer.
(h) The onus of proving a sufficient aggregate of service to support claim for long service
leave entitlement shall at all time rest upon the officer concerned. A certificate in the
following form shall constitute acceptable proof:
CERTIFICATE OF SERVICE
[Name of Institution] [date]
This is to certify that [Name of Employee] has been employed by this
institution/society/board for a period of [years/months/etc.] from [date] to [date].
Specify hereunder full details of paid or unpaid leave or absences including periods
represented by payment made in lieu of leave on termination.
..............................................................
Specify hereunder full details of long service leave granted during service or on
termination:
..............................................................
Signed....................................[Stamp of Institution]
(i) The Employer shall keep or cause to be kept a long service leave record for
each officer containing particulars of service, leave taken and payments made.
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 75
52.4 Payment in Lieu of Long Service Leave on the Death of an Employee
Where an Employee who has completed at least 10 years' service dies while still in the
employ of the Employer, the Employer shall pay to such Employee's personal representative
a sum equal to the pay of such officer for one-thirtieth of the period of the Employee's
continuous service in respect of which leave has not been allowed or payment made
immediately prior to the death of the Employee.
52.5 Payment for Period of Leave
Payment to an Employee in respect of long service leave shall be made in one of the
following ways:
(a) In full in advance when the Employee commences the Employee’sleave; or
(b) At the same time as payment would have been made if the Employee had remained
on duty; in which case payment shall, if the Employee in writing so requires, be made
by cheque posted to a specified address; or
(c) In any other way agreed between the Employer and the Employee.
52.6 Where the employment of an Employee is, for any reason, terminated before the Employee
takes any long service leave to which the Employee is entitled or where any long service
accrues to an Employee pursuant to the above clauses the Employee shall, subject to the
provisions of the relevant sub-clauses, be entitled to pay in respect of such leave as at the
date of termination of employment.
(a) Where any long service leave accrues to an Employee pursuant to sub-clauses hereof,
the Employee shall be entitled to pay in respect of such leave as at the date of
termination of employment.
(b) Provided in the case of an Employee of an Employer who accrues entitlement
pursuant to sub-clauses hereof, and who intends to be re-employed by another
Employer:
(i) Such an Employee may, in writing request payment in respect of such leave to
be deferred until after the expiry of the Employee's allowable period of absence
from employment as provided for in these sub-clauses. Allowable period of
absence is defined in sub-clause 52.3(f)(vii);
(ii) Except where the Employee gives the Employer notice in writing that the
Employee has been employed by another Employer, the Employer shall make
payment in respect of such leave at the expiry of the Employee's allowable
period of absence from employment;
(iii) Where the Employee gives the Employer notice in writing that the Employee has
been employed by another Employer, the Employer is no longer required to
make payment to the Employee in respect of such leave.
52.7 Where an increase occurs in the ordinary time rate of pay during any period of long service
leave taken by the Employee, the Employee shall be entitled to receive payment of the
amount of any increase in pay from the date that increase becomes operative at the
completion of such leave.
52.8 Taking of Leave
(a) When an Employee becomes entitled to long service leave such leave shall be granted
by the Employer within six months from the date of entitlement, but the taking of such
leave may be postponed to such date as is mutually agreed, or in default of agreement
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 76
as is determined by the Fair Work Commission provided that no such determination
shall require such leave to commence before the expiry of six months from the date of
such determination.
(b) Any long service leave shall be inclusive of any public holiday occurring during the
period when the leave is taken.
(c) If the Employer and an Employee so agree -
(i) the first six months' long service leave to which an Employee becomes entitled
under this Agreement may be taken in two or three separate periods; and
(ii) any subsequent period of long service leave to which the Employee becomes
entitled may be taken in two separate periods but save as aforesaid long service
leave shall be taken in one period.
(d) The Employer may by agreement with an Employee, grant long service leave to an
Employee before the entitlement to that leave has accrued, provided that such leave
shall not be granted before the Employee has completed ten years' service.
(e) Where the employment of an Employee who has taken long service leave in advance
is subsequently terminated for serious and wilful misconduct before entitlement to long
service leave has accrued, the Employer may, from whatever remuneration is payable
to the Employee upon termination deduct and withhold an amount equivalent to the
amount paid to the Employee in respect of the leave in advance.
52.9 Definitions
(a) For the purpose of this clause the following definitions apply:
(i) "Pay" means remuneration for an Employees' normal weekly hours of work
calculated at the Employee's ordinary time rate of pay provided in the Wages
clause of this Agreement at the time leave is taken or (if the Employee dies
before the completion of leave so taken) as at the time of the Employee’sdeath;
and shall include the amount of any increase to the Employee's ordinary time
rate of pay which occurred during the period of leave as from the date such
increase operates.
(ii) "Month" shall mean a Calendar Month.
(iii) "Employer" shall mean any Employer named in the schedule of this agreement
or a hospital, health service or community health centre registered and
subsidised pursuant to the Health Services Act 1988 (Vic).
(iv) "Statutory Body" means the Department of Human Services.
(v) "Transmission" includes transfer, conveyance, assignment or succession
whether by agreement or by operation of law and "transmitted" has a
corresponding interpretation.
53 Cultural and Ceremonial Leave
53.1 The employer may approve attendance during working hours by an employee of Aboriginal
or Torres Strait Islander descent at any Aboriginal community meetings, except the Annual
General Meetings of Aboriginal community organisations at which the election of office
bearers will occur.
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 77
53.2 The employer may grant an employee of Aboriginal or Torres Strait Islander descent accrued
annual or other leave to attend the Annual General Meetings of Aboriginal community
organisations at which the election of office bearers will occur.
53.3 Ceremonial leave without pay may be granted to an employee of Aboriginal or Torres Strait
Islander descent for ceremonial purposes:
(a) connected with the death of a member of the immediate family or extended family
(provided that no employee shall have an existing entitlement reduces as a result of
this clause); or
(b) for other ceremonial obligations under Aboriginal or Torres Strait Islander law.
53.4 Ceremonial leave granted under this clause is in addition to compassionate leave granted
under any other provision of the Agreement.
54 Community Services Leave
54.1 An Employee who is engaged in an eligible community service activity is entitled to be
absent from work without loss of pay for the period of time that they are engaged in the
activity, reasonable travelling time associated with the activity and rest time following the
activity, provided that the Employee’s absence (unless the activity is jury service) is
reasonable in all the circumstances.
54.2 An eligible community services activity includes:
(a) jury service required by or under law; or
(b) a voluntary emergency management activity; or
(c) an activity prescribed by regulations as an eligible community service activity for the
purpose of the Fair Work Act 2009.
54.3 An Employee engages in ‘voluntary emergency management’ activity if, and only if:
(a) the Employee engages in an activity that involves dealing with an emergency or
natural disaster; and
(b) the Employee engages in the activity on a voluntary basis; and
(c) the Employee is a member of, or has a member like association with, a recognised
emergency management body (i.e. Country Fire Authority, State Emergency Service,
St. John Ambulance, Red Cross etc); and
(i) either:
(A) the Employee was requested by or on behalf of the body to engage in the
activity; or
(B) no such request was made, but it would be reasonable to expect that, if
the circumstances had permitted the making of such request, it is likely
that such a request would have been made.
54.4 Notice and evidence requirements
(a) Employees seeking to take Community Service Leave must provide notice to the
Employer as soon as practicable (which may be after the absence has started) and
must advise the Employer of the period, or expected period, of the absence.
PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 78
(b) If requested, the Employee shall be required to produce evidence of their engagement
in eligible community service activity, to the satisfaction of the Employer.
(c) An absence from the workplace is only covered by the provisions of clause 46.1 if they
satisfy the notice and evidence requirements set out above.
54.5 The Employer may refuse time release where the Employee’s absence will adversely impact
the capacity of the health service to maintain services.
55 Jury Service
55.1 An Employee required to attend for jury service shall be reimbursed by the Employer an
amount equal to the difference between the amount paid in respect of such attendance for
jury service and the amount of salary the Employee would have ordinarily received.
55.2 To be entitled to such payment under clause 55.1 an Employee shall advise the Employer as
soon as possible of the reason for the absence from work and provide such verification as
the Employer reasonably requires.
PART H – EDUCATION AND RELATED MATTERS 79
PART H – EDUCATION AND RELATED MATTERS
56 Continuing Professional Development Allowance
This clause does not apply to Casual Employees.
56.1 All full time Employees employed at the commencement of this Agreement will receive a
continuing professional development allowance (CPDA) of $357 payable in the first full pay
period on or after the commencement of the Agreement.
56.2 Part time employees will receive a pro rata amount described in 56.1 based upon their
normal hours at the time of the payment.
56.3 The CPDA is not payable to on an Employee on unpaid leave.
56.4 The CPDA is paid on the basis that it is to be fully expended on professional development
and education expenses.
56.5 The CPDA is additional to any other allowance or entitlement within this Agreement.
57 Professional Development Leave
57.1 Whilst it is recognised that it remains the professional responsibility of Employees to
maintain an appropriate level of skills and accreditation, the Employer will also encourage
employees to undertake professional development relevant to the acquisition of skills,
knowledge and qualifications for the efficient performance of the Employer’s core activities;
for employees’ progress along a career path and/or as a requirement to maintain Employee
registration.
57.2 Professional development may include attendance at both internal and external conferences
and seminars.
57.3 Employees who are engaged on a full-time basis will be entitled up to a maximum of 5 days’
(38 hours’) paid professional development leave (non-cumulative) per calendar year subject
to a successful application to thier Manager who will make a decision in concert with the
Clinical Director (where relevant). Entitlements for part-time Employees will be calculated on
a pro rata basis. The provisions of this clause do not apply to casual or fixed-term
employees.
57.4 It is the responsibility of the Employee to make an application in writing to thier Manager and,
where relevant, Clinical Director nominating the preferred date(s) and providing a brief
description of the nature of the professional development activity proposed to be undertaken
and details of the relevance of the course to the Employee’s employment.
57.5 The Employee’s application must be made at least six (6) weeks prior to the nominated
date(s) unless otherwise agreed by the Employer.
57.6 The applicant will be notified in writing if the leave is approved or not within seven (7) days of
the request being received. If leave is not granted, the applicant will be notified of the
reason(s).
PART H – EDUCATION AND RELATED MATTERS 80
58 Clinical Quality, Clinical Audit and Peer Review
58.1 Employees employed under this Agreement are committed to participating in the practice of
Clinical Quality activities as organised and agreed to by the Employer’s Clinical Leadership
Council where relevant (or its equivalent). This includes but is not limited to Clinical Audit
and Peer Review which includes the collection and measurement of activities and outcomes
related to clinical practice; analysis and comparison using standards, performance indicators
and outcome measures; a feedback mechanism to redress problems that have been
identified.
59 Performance Appraisal
59.1 Employees employed under this Agreement on a full time or part time basis are committed to
participating in the Employer’s Performance Appraisal Program (or however so titled) at least
annually in order to improve quality of care, workplace skills, effectiveness, productivity and
motivation of Employees, and for staff to benefit from outcomes as to their remuneration and
career progression.
59.2 Performance appraisal will comprise, an integral element, the criteria detailed in Clause 63.
PART I – VALUE BASED ORAL HEALTH 81
PART I – VALUE BASED ORAL HEALTH
60 Value Based Oral Health
60.1 The parties will work together during the life of the agreement to:
(a) Facilitate implementation of a person-centred, value based public oral health model of
care.
(b) The parties will seek to promote efficiency with the design and delivery of value based
health care and services.
(c) The parties will work collaboratively to implement integrated multi-disciplinary teams
that promote efficiency and productivity enabling the workforce to perform at their full
scope of practice.
PART J – CLASSIFICATION AND STAFFING 82
PART J – CLASSIFICATION AND COMPETENCIES
61 Notification of Classification
61.1 The Employer shall notify each Employee in writing of their classification and terms of
employment, on commencement.
61.2 The Employer shall notify each Employee of any alteration to their classification in writing
within 14 days of the operative day of such alteration.
61.3 An Employee who believes that they have been wrongly classified may seek a classification
review at any time following which the employer is obliged to undertake such review and/or
performance review in accordance with Clause 63.
62 Classification Descriptors
62.1 The employer shall classify each Therapist/Hygienist employed under this Agreement as a
Therapist/Hygienist Graduate, Level 1, 2, 3 or 4. Classification competencies are provided at
Clause 63.
Progression between levels and progression between salary points within a given level will
be in accordance with the salary progression criteria detailed at Appendix Three.
PART J – CLASSIFICATION AND STAFFING 83
Classification Description Indicative Occupation
Graduate Under the general oversight of a more senior clinician
performs basic dentistry consistent with their scope of
practice and credentialing. This is the entry level for a
graduate Therapist/Hygienist acquiring experience in
dentistry.
Recently graduated
Therapist/Hygienist
Level 1 Performs routine dentistry consistent with their scope of
practice and credentialing. This is a moderate skill level
and includes the moderately experienced
Therapist/Hygienist who is competent in basic tasks.
May require regular professional support and
mentoring.
Therapist/Hygienist
still gaining
experience
Level 2 An experienced Therapist/Hygienist who performs all
dentistry within their scope of practice and
credentialing. This is the broad based skill level. It
encompasses an experienced Therapist/Hygienist who
is competent in all general dental tasks and who would
be expected to be familiar with and be able to exhibit a
number of more advanced tasks that are commonly
performed within their scope of practice. The
Therapist/Hygienist at this level must have
demonstrated a commitment to professional
development, and may act as a mentor to less
experienced staff when required.
Experienced
Therapist/Hygienist
Level 3 A Level 3 Therapist/Hygienist includes an experienced
Therapist/Hygienist who is widely recognised for their
exceptional competence and has a proven record for
carrying out a broad range of advanced and complex
dental procedures within their scope of practice and
credentialing. A Level 3 Therapist/Hygienist frequently
receives referrals from other dental practitioners and is
called upon for dental advice within their scope of
practice. A level 3 Therapist/Hygienist has achieved a
high level of clinical competence, provides leadership,
communicates effectively both within their service and
externally, participates in staff induction and
professional development, and acts as a mentor and
supervisor to less experienced staff and to students.
Senior Clinical
Therapist/Hygienist
Position by appointment
PART J – CLASSIFICATION AND STAFFING 84
63 Competencies
63.1 Therapist/Hygienists shall be classified within the classification structure set out in Clause 62
in accordance with the following achieved and demonstrated competencies:
Graduate Basic diagnostic and treatment skills for the broad range of patients in routine
clinical situations. Capacity to recognise clinical limitations and seek support
Level 1 Graduate skills plus - broader range of patient base including those with disabilities
and more complex medical histories. Ability to independently provide a range of
dental services within their scope of practice. Developing an understanding of dental
public health principles.
Level 2 Level 1 skills plus - advanced skills in managing most difficult clinical situations,
clients with more complex medical histories and those with disabilities. Ability to
provide a broad range of efficient dental services within their scope of practice.
Appropriate skills for the resolution of patient complaints. Should be able to act as a
mentor to clinicians with less experience. High level of understanding of dental
public health principles.
Level 3 Level 2 skills plus - highly advanced skills in managing all difficult clinical situations
within their scope of practice, including complex medical histories and patients with
disabilities. Ability to provide a highly advanced range of efficient dental services,
rarely requiring support or advice from more senior clinicians within their clinical
scope of practice. Ability to provide advice to other dental practitioners and accept
referrals. Act as a mentor and supervisor to less experienced clinicians and/or
undergraduate students. Well developed skills in clinical leadership, effective
communication and, managing patient complaints. Capacity to participate and
contribute to service developments and improvements.
Level 4 Level 3 skills plus – leadership and management skills including high level written
and verbal communication skills, supervisory skills, ability to undertake staff
reviews, ability to interpret financial reports and plan dental budgets. Ability to
actively participate and contribute to service developments and improvements,
including quality improvement initiatives.
Level 4 A Level 4 Therapist/Hygienist is an experienced
Therapist/Hygienist who in addition to advanced level
clinical skills within their scope of practice and
credentialing is responsible for the leadership and
management of a clinical team of 3 or more equivalent
full-time employees.
A Level 4 Therapist/Hygienist possesses high level
leadership and management skills, excellent
communication and interpersonal skills and a high
commitment to public health principles. A Level 4
Therapist/Hygienist would typically be responsible for
managing special projects and/or local budgets.
Team Leader
Position by appointment
PART J – CLASSIFICATION AND STAFFING 85
64 Salary Progression Criteria
64.1 Subject to this clause, a Therapist/Hygienist shall be eligible to progress annually to the next
available salary point of their classification, subject to the Therapist/Hygienist demonstrating
to the employer that they have, over the preceding 12 months:
(a) Undertaken career development relevant to oral health and the services provided at
the Employer's clinic or where this has not occurred, has entered into an arrangement
where this will occur
(b) Satisfied the Employer's requirements as to throughput of clinical services and
associated administrative duties.
(c) Fully complied with the Employer's operational policies and protocols as to infection
control, clinical standards and response to emergency presentations
(d) Had minimal remedial interventions
(e) Achieved an appropriate level of patient satisfaction as to public patients treated
(f) Satisfied the progression assessment criteria provided for in the classification structure
of this Agreement at clauses 62 and 63.
(g) Complied with the duties and responsibilities specified in their personal Position
Description
The progression assessment criteria are more particularly set out below.
64.2 Progression between levels
Progression for a Therapist/Hygienist from a lower to a higher level shall be based on
competencies and criteria listed in the Classification Structure of this Agreement. A
Therapist/Hygienist may be accorded a higher classification subsequent to a performance
review by the Employer. A Therapist/Hygienist may seek a reclassification at any given time
following which the Employer is obliged to undertake a performance review.
64.3 Progression between salary points within a given level
Introduction
A Therapist/Hygienist will be assessed formally for progression to the next salary point, within
the same level, annually. Assessment will be based on matching actual achievement for a
given year against the key performance indicators formulated for Levels 1 and 2. Achievement
of performance targets will result in progression to the next salary point.
Please refer to Clause 63 for the classification competencies.
65 Clinical Skills Enhancement/Job Rotation
65.1 In order to achieve (or maximise) clinical delivery outcomes and priorities, an employee shall
be available to transfer through all clinical areas as determined by the Employer. Following
discussions between the Manager and the employee, an employee may be temporarily
rotated for the purpose of targeting resources to rural regions of greatest need, clinical skill
enhancement, training in clinical and related procedures and personal career development.
Reimbursement of expenses, excess travelling time and/or kilometre allowance (as per the
Employer’s policies) shall, if applicable, apply to such rotations.
PART J – CLASSIFICATION AND STAFFING 86
65.2 An employee or employer who does not believe that a transfer or rotation request or refusal
is reasonable in the circumstances may elect to resolve the matter via Clause 13 – Dispute
Resolution Procedure.
66 Secondment
66.1 Where an Employee is seconded for service to any other clinical facility or health institution,
the Employee shall remain in the employ of the parent Employer at which the Employee was
engaged prior to secondment. The parent Employer shall remain responsible for the
payment of any entitlements accruing to the Employee under this agreement.
67 Incidental and Peripheral Duties
67.1 The Employer may direct an Employee to carry out duties that are incidental and peripheral
to the work normally performed where those duties are within the employee’s skill,
competence and training and are consistent with the classification structure of this
Agreement.
68 Job Sharing
68.1 Nothing in this Agreement shall prevent two Employees sharing a position subject to the
approval of the Employer.
SIGNATURES
SIGNED for and on behalf of EMPLOYERS referred to in m 70 ,,, ~
Appendix One by the authorised representatives of the y,,c..,__,..; u ,!
Victorian Hospitals' Industrial Association in the presence
of: Signature
Witness
Name of Witness (print)
SIGNED for and on behalf of the Community and Public
Sector Union by its authorised officers as a representative of
Employees covered by the Agreement in the presence of:
~1' M" CU.@ u C y
Chief Executive Officer (print)
Address: 88 Maribyrnong Street
Footscray VIC 3011
Authority to sign
Signature
?J~A. C t~M~.
RU
Witness
:Yitso tJ CLEELAY9
Name of Witness (print)
SIGNATURES
A,ss-ts~ tj-- Branch Secretary (print):
Address: Level 4, 128 Exhibition
Street. Melbourne VIC 3000
Authority to sign
87
SIGNATURES SIGNED for and on behalf of EMPLOYERS referred to in Appendix One by the authorised representatives of the Victorian Hospitals' Industrial Association in the presence of: Chief Executive Officer (print) Address: 88 Maribyrnong Street Footscray VIC 3011 Witness Authority to sign Name of Witness (print) SIGNED for and on behalf of the Community and Public Sector Union by its authorised officers as a representative of Employee s covered by the Agreement in the presence of: Sinnature Address: Level 4, 128 Exhibition Street. Melbourne VIC 3000 Witness Authority to sign J- SON CLEELAND Name of Witness (print) SIGNATURES 87
Signature
MCCULLOUGH
SCOTT
EMMA
WClownsed.
Wayne Townsend. Assistant Branch Secretary (print):
APPENDIX ONE 88
Appendix One – List of Employers
Albury Wodonga Health
Bairnsdale Regional Health Service
Barwon Health
Bass Coast Health
Bendigo Health
Central Gippsland Health Service
Central Highlands Health Service
Dental Health Services Victoria
East Grampians Health Service
Echuca Regional Health
Grampians Health
Goulburn Valley Health
Maryborough District Health Service
Monash Health
Northeast Health Wangaratta
Omeo District Health
Peninsula Health
Seymour Health
South West Healthcare
Swan Hill District Health
West Wimmera Health Service
Western Health
APPENDIX TWO 89
Appendix Two - Remuneration
Classification
FIRST FULL
PAY PERIOD
ON OR
AFTER
1-May-21
FIRST FULL
PAY PERIOD
ON OR
AFTER
1 MAY 2022
ANNUAL
SALARY
FIRST FULL
PAY PERIOD
ON OR AFTER
1 MAY 2022
WEEKLY
Dental
Therapist/Hygienist Level
1 (Progression Based on
Employer PMP)
Graduate $57,348 $58,085 $1,114.03
1a $58,745 $59,500 $1,141.17
1b $62,033 $62,831 $1,205.04
1c $65,389 $66,230 $1,270.23
Dental
Therapist/Hygienist Level
2 (Progression Based on
Employer PMP)
2a $68,187 $69,064 $1,324.59
2b $71,544 $72,464 $1,389.80
2c $74,832 $75,794 $1,453.67
2d $78,256 $79,262 $1,520.18
2e $81,615 $82,665 $1,585.43
Level 3 (By Appointment
Only)
- $82,525 $83,586 $1,603.11
- $85,042 $86,136 $1,652.01
- $87,559 $88,685 $1,700.90
Level 4 (By Appointment
Only) - $94,903 $96,123 $1,843.56
Note: the 1 May 2021 wage rates includes leave loading, the First Full Pay Period on or After 1
May 2022 date wage rates do not.
APPENDIX THREE 90
Appendix Three – Salary Progression Criteria Table
Progression Criteria /Key
Performance Indicators)
Therapist/Hygienist
Graduate
Therapist/Hygienist
Level 1
Therapist/Hygienist
Level 2
Clinical competency (To be
considered in conjunction with
'Competencies' section in the proposed
Therapist/Hygienist Classification
Structure. Agencies may wish to
establish a formal clinical review
process to assess achievement of this
indicator).
• Undertake a clinical role associated
with basic diagnostic and treatment skills
together with the ability to recognise
clinical limitations
• In addition to Graduate skills,
• Independently provide a range of
services to a broader client base,
including those with disability and or
more complex medical histories, with
greater efficiency
• In addition to Level 2 skills,
• Provide dental care under most
difficult clinical situations, and rarely
requiring support and advice from
more experienced clinicians
• Where required, should act as a mentor
to less experienced staff
Service quality • Provide clinical care consistent
with organisation policies,
standards and guidelines
• Comply with dental record
standards
• Undertake appropriate patient
referrals
• Participate in the review and
continuous improvement of the
quality of clinical care including
contribution to external
accreditation processes
• In addition to Graduate
requirements,
• Actively participate in the
review and continuous
improvement of the quality of
clinical care including
contribution to external
accreditation processes
• In addition to Level 1
requirements,
• Provide clinical support and
advice to students, dental staff
and less experienced
Therapist/Hygienists, including
conducting of clinical reviews
APPENDIX THREE 91
Dental Public Health • Demonstrate basic knowledge
and understanding of dental
public health principles
• Demonstrate developing
knowledge and understanding of
dental public health principles
• Demonstrate a high level of
understanding dental public
health principles, including the
capacity to impart such
knowledge to less experienced
dental staff
Productivity • Achieve productivity
benchmarks in accordance with
employer policies and guidelines
• Achieve productivity
benchmarks in accordance with
employer policies and guidelines
Achieve productivity benchmarks
in accordance with employer
policies and guidelines
Infection control • Comply with infection control
policy and guidelines
• Demonstrate knowledge and
understanding of guidelines
• As per Graduate and
• Demonstrate interest and
commitment in the
implementation and maintenance
of infection control policy and
protocol
• As per Level 1 and
• Assist in the implementation
and maintenance of infection
control policy and protocol,
including identification of gaps
and potential areas for
improvement
Occupational health and safety • Comply with occupational
health and safety policy and
guidelines
• Demonstrate knowledge and
understanding of guidelines
• As per Graduate and
• Demonstrate interest and
commitment in the
implementation and maintenance
of occupational health and safety
policy and protocol
• As per Level 1 and
• Assist in the implementation
and maintenance of occupational
health and safety policy and
protocol, including identification
of gaps and potential areas for
improvement
Teamwork and communication • Demonstrate ability to work
within a team and exercise sound
communication skills
• Demonstrate flexibility in terms
of task performance, (and work
location and hours of work where
appropriate)
• As per Graduate and
• Foster sound teamwork among
dental program staff and other
agency staff
• As per Level 1 and
• Demonstrate interpersonal skills
in the liaison and networking with
relevant professional and
community groups
APPENDIX THREE 92
Customer service • Demonstrate professional
manner in dealing with clients
and the
public, including provision of
appropriate responses to client
enquiries and complaints
• Refer complaints to senior
clinicians
• As per Graduate • As per Level 1 and
• Demonstrate potential
leadership in facilitating excellent
customer service
Administrative/procedural • Comply with administrative
tasks as required
• Ensure optimal and consistent
use of Electronic Patient
Management System
• As per Graduate and
• Undertake specific projects as
required
• As per Level 1 and
• Ensure clinic administration
tasks are undertaken within
designated timelines
• Ensure implementation of and
adherence to relevant policy and
guidelines
• Undertake specific projects as
required
Professional / personal
development
• Demonstrate willingness to
undertake professional
development and continuing
education, both work and self
sponsored
• Provide evidence of CPD as
required by DBA
• As per Graduate and
• Assist in identification of
professional development needs
of dental program staff, and the
implementation of programs to
address such needs
• As per Level 1 and
• Identify professional
development needs of dental
program staff and assist in
implementing program to address
such needs
• Present topics at
seminars/meetings conducted by
the organisation
Clinic management • Follow management
instructions and contribute to the
day to day running of the clinic
• Demonstrated interest in
acquisition of clinic/program
management skills
• Demonstrated assistance in
acquisition of clinic/program
management skills
Appendix Four – Flexible Working Arrangements Information
Statement
This information statement is intended to reflect the NES at the time of making this Agreement. In
the event of any change to the NES entitlement, this information statement may be superseded by
one reflecting those changes.
1 Where an Employee:
(a) is the parent, or has responsibility for the care, of a child who is of school age or
younger;
(b) is a carer within the meaning of the Carer Recognition Act 2010 caring for someone who
has a disability, a medical condition (including a terminal or chronic illness), a mental
illness or is frail or aged;
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, who requires
care or support because the member is experiencing violence or abuse from the
member’s family;
they may request the Employer for a change in working arrangements relating to those
circumstances.
2 To avoid doubt, a request for flexible working arrangements may include a request to work
part time upon return to work after taking leave for the birth or adoption of a child to assist the
Employee to care for the child.
3 An ‘Employee’ for the purpose of this entitlement means a:
(a) part time or full time Employee who has completed at least 12 months of continuous
service with the Employer immediately prior to the request; or
(b) long term casual Employee who has a reasonable expectation of continuing
employment by the Employer on a regular and systematic basis.
4 Changes in working arrangements may include but are not limited to hours of work, patterns of
work and location of work.
5 The request by the Employee must be in writing, set out the change sought and the reasons
for the change.
6 The Employer must give the Employee a written response to the request within 21 days,
stating whether the Employer grants or refuses the request. A request may only be refused on
reasonable business grounds as described in the NES.
7 Where the Employer refuses the request, the written response must include details of the
reasons for the refusal.
