Zoos Victoria Salaried Staff Agreement 2022
Search Document
Close...
1
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Zoological Parks & Gardens Board T/A Zoos Victoria
(AG2022/4472)
ZOOS VICTORIA SALARIED STAFF AGREEMENT 2022
Tourism industry
COMMISSIONER WILSON MELBOURNE, 18 NOVEMBER 2022
Application for approval of the Zoos Victoria Salaried Staff Agreement 2022
[1] An application has been made for approval of an enterprise agreement known as the
Zoos...
...ingle-enterprise agreement
Zoological Parks & Gardens Board T/A Zoos Victoria
(AG2022/4472)
2022
Tourism industry
COMMISSIONER WILSON MELBOURNE, 18 NOVEMBER 2022
Application for approval of the Zoos Victoria Salaried Staff Agreement 2022
[1] An application has been made for approval of an enterprise agreement known as the
Zoos Victoria Salaried Staff Agreement 2022 (the Agreement). The application was made
pursuant to s.185...
...2022
Tourism industry
COMMISSIONER WILSON MELBOURNE, 18 NOVEMBER 2022
Application for approval of the 2022
[1] An application has been made for approval of an enterprise agreement known as the
Zoos Victoria Salaried Staff Agreement 2022 (the Agreement). The application was made
pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Zoological Parks
& Gardens Board T/A Zoos Victoria. The Agreement is a si...
...
VICTORIA WERRISEE 11 July 2022 FW/C Matter No .: AG2022/4472 Dear Commissioner Wilson RE: Zoos Victoria Salaried Staff Agreement 2022 Written undertakings under section 190 of the Foir Work Att 2009 I, Jantine Eddelbuttel, Director - Human Resources of Zoological Parks and Gardens Board (Zoos Victoria) give the following undertakings with respect to the Zoos Victoria Salaried Staff Agreement 2022 (Agreement): 1. I have the authorit...
...nder section 190 of the Foir Work Att 2009 I, Jantine Eddelbuttel, Director - Human Resources of Zoological Parks and Gardens Board (Zoos Victoria) give the following undertakings with respect to the Zoos Victoria Salaried Staff Agreement 2022 (Agreement): 1. I have the authority given to me by Zoos Victoria (ZV) to provide this undertaking in relation to this application before the Fair Work Commission. . Clause 31, Casual employment...
...
1 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
Zoos Victoria Salaried Staff Agreement 2022
PART 1 – APPLICATION & OPERATION OF AGREEMENT
1. Title
This Agreement shall be referred to as the Zoos Victoria Salaried Staff Agreement 2022 (“Agreement”)
2. Arrangement
Clause Title Page Clause Title Page
1 Title 1 49 Breaks 16
2 Arrangement 1 50 Higher Duties 16
3 Definitions 2 51 Officer...
...
1 | P a g e
2022
Zoos Victoria Salaried Staff Agreement 2022
PART 1 – APPLICATION & OPERATION OF AGREEMENT
1. Title
This Agreement shall be referred to as the Zoos Victoria Salaried Staff Agreement 2022 (“Agreement”)
2. Arrangement
Clause Title Page Clause Title Page
1 Title 1 49 Breaks 16
2 Arrangement 1 50 Higher Duties 16
3 Definitions 2 51 Officer in Charge 17
4 Coverage and Applicat...
...
1 | P a g e
2022
2022
PART 1 – APPLICATION & OPERATION OF AGREEMENT
1. Title
This Agreement shall be referred to as the Zoos Victoria Salaried Staff Agreement 2022 (“Agreement”)
2. Arrangement
Clause Title Page Clause Title Page
1 Title 1 49 Breaks 16
2 Arrangement 1 50 Higher Duties 16
3 Definitions 2 51 Officer in Charge 17
4 Coverage and Application 2 52 Promotion, Transfer and Reloc...
...
Barnsley
Undertakings Stamp
2 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
3. Definitions
In this agreement, unless inconsistent with the context or subject matter:
3.1. “Act” means the Fair Work Act 2009.
3.2. ”Unloaded Rate” means the Monday to Friday rate of pay.
3.3. “Loaded Rate” means the rostered rate of pay which includes a loading for working weekends.
3.4. “FWC” means Fair Work...
...
3 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
doubt, if there is any inconsistency between this Agreement and the NES to the detriment of an employee, the NES will
prevail.
7. ZV Working Smarter Program
7.1. The ZV Working Smarter Program is founded on the elimination of waste and inefficiency that results in a great visitor
experience, high standards of wildlife conservation and animal welfa...
...
4 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
8.7. ZV will give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to.
8.8. ZV will ensure that any individual flexibility arrangement sets out:
8.8.1. The terms of this enterprise agreement that will be varied by the arrangement.
8.8.2. How the arrangement will vary the effect of the terms of this Agreement.
...
...
5 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
that the new working arrangements requested by the Employee would be likely to have a significant negative
impact on customer service.
9.1.9 If the Employer refuses the request, the written response under clause 9.6 must include details of the reasons for the
refusal.
9.2 Home Based Work
Any application to work from home will be considered on the merits ...
...
6 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
b) The Unions and/or a class or group of Employees (Claimant/s) may seek resolution of a dispute relating to
a systemic gender equality issues (Claim) in accordance with this clause.
c) A Claim or Claims under this clause must be made in writing to ZV
d) In the first instance the Claim should include sufficient detail for ZV to make a reasonable assessment of...
...
7 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
11.5 Gender Equality Action Plans
ZV will consult with the Unions in the preparation of Gender Equality Action Plans under the Gender Equality Act 2020
(Vic).
12. Anti-Discrimination
It is the intention of the Parties to this Agreement to achieve the principal object in section 336(c) of the FW Act through
respecting and valuing the diversity of the workforce...
...
8 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
16. eZEPP & Band Progression
16.1. Progression Steps and Amount
16.1.1. Progression through the salary structure is dependent on ZV’s ability to pay which will be linked to its financial
performance against budget for the performance year. In the event that this performance is positive, an amount
equivalent of up to 1% of salaried staff payroll may be allocate...
...
9 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
17. Salary Upon Commencement
The commencement salary for new Employees should normally be at the entry point salary for their band. A higher rate of pay
may be warranted depending upon their competency and/or the current market rate for the position.
18. Rates of Pay for 7 Day Rostered Employees
18.1. The percentage to be applied to the Unloaded Rate ...
...
10 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
the participants in the Scheme. The Scheme must not allow an individual Employee’s remuneration to fall below the
prescribed award minimum.
23. Superannuation
The Employee, regardless of age, will be offered by ZV membership of a complying superannuation fund for the purposes of
the Superannuation Industry (Supervision) Act 1993 (unless they are a mem...
...
11 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
28. Irregular Part-Time Employment
28.1. Irregular Part-time Employees are engaged on the basis that they will be offered a minimum number of hours each
fortnight.
28.2. The pattern over which these hours are worked will typically vary from week to week, notwithstanding that, on any day
the Employee is asked to work, a minimum period of three hours will appl...
...
12 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
31. Casual Employment
31.1. A casual Employee should be available and willing to undertake an hourly engagement when required by ZV. In the event
that the Employee attends work then is not required to work or the Employee is not notified and attends work, a payment
as prescribed by Clause 36 – Cancellation of Shifts shall be paid to the Employee.
31.2. Casu...
...
13 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
34. Camp Leaders: Melbourne Zoo and Werribee Open Range Zoo
34.1. Camp Leaders are engaged on an ad hoc basis to run and manage overnight camps on the basis of a period of duty, a
period of rest, and with the provision of accommodation and all meals in return for an all up rate of remuneration per
camp run.
34.2. The period of duty will be determined by ZV su...
...
14 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
37.5. Payment in Lieu of Notice
37.5.1. Payment in lieu of the notice will be made if ZV notifies the Employee that ZV does not require the Employee to
work the entirety of the applicable notice period. Employment may be terminated by the Employee working part
of the required period of notice and by ZV making payment for the remainder of the period of notice. ...
...
15 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
43.6. This clause shall not apply to Employees classified at Band 6 or higher.
44. Rostering Arrangements
44.1. A rosters specifies the days and hours that an Employee is engaged to work. This clause does not refer to the allocation
of duties during a rostered shift.
44.2. The establishment of any new rosters for existing full-time and part-time Emp...
...
16 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
47. Time in Lieu
47.1. An Employee, other than an Employee classified at Band 6 or above, who is requested to work overtime must be either:
47.1.1. Paid for overtime work in accordance with the rates established in this agreement; or
47.1.2. Permitted where practicable to take time off in lieu of payment (“time in lieu”) which will accrue on the following
b...
...
17 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
50.1.6. It is generally expected that Employees acting in supervisory positions will be required to perform the full range of
duties, whilst Employees acting in more senior positions are less likely to do so unless the period of higher duties
extends for a number of weeks, or months.
51. Officer in Charge
51.1. An Employee whose position is classified below...
...
18 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
55. Secondment
55.1. External Secondment
55.1.1. Where an Employee is seconded, by agreement, to a position outside ZV's workforce, that Employee remains an
Employee of ZV and the period of secondment counts as continuous service for all purposes.
55.1.2. A period of secondment shall be no longer than twelve months although this period may be extended by ...
...
19 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
58.5.1.3. Participating in conciliation, arbitration or any other agreed alternative dispute resolution process.
58.5.2. The release from normal duties referred to in this clause is subject to the proviso that it does not unduly affect the
operations of ZV.
58.6. Discussion of Grievance or Dispute
58.6.1. The dispute or grievance must first be discussed b...
...
20 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
59. Implementation of Change
59.1. Where ZV has developed a proposal for major change likely to have a significant effect on Employees, such as a
restructure of the workplace, the introduction of new technology or changes to existing work practices of Employees, ZV
will advise the affected Employees, the relevant Union covered by this Agreement, and any other r...
...
21 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
59.8. Any dispute concerning the Parties’ obligations under this clause shall be dealt with in accordance with Clause 58 -
Settlement of Disputes and Grievances.
59.9. Change to Regular Roster or Ordinary Hours of Work
59.9.1. Where ZV proposes to introduce a change to the regular roster or ordinary hours of work of Employees ZV must
notify the relevant...
...
22 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
62.1.2. Performance standards must be relevant to the employee’s job and must be fair and reasonable.
62.2. The purpose of this clause is to:
62.2.1. Support Employees with unsatisfactory work performance to improve their performance to the required standard;
62.2.2. Ensure that unsatisfactory work performance is addressed expeditiously;
62.2.3. Ensur...
...
23 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
62.7.1.6. coaching.
62.8. First Stage – Formal Counselling
62.8.1. The first stage of formal management of unsatisfactory work performance is formal counselling of the Employee.
62.8.2. The manager must:
62.8.2.1. advise the Employee of the unsatisfactory work performance which includes how the Employee is not
meeting the standard and confirm the commenceme...
...
24 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
62.10.2.2. outline the standard required of the Employee; and
62.10.2.3. provide examples that supports the decision to issue a final written warning
62.10.2.4. provide the Employee with an opportunity to respond within a reasonable timeframe; and
62.10.2.5. provide the Employee with an opportunity to improve within a reasonable timeframe.
62.10.3. The form...
...
25 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
63.2.1.2. improper conduct in an official capacity;
63.2.1.3. a contravention, without reasonable excuse, of a lawful direction given to the Employee as an
Employee by a person authorised to give that direction;
63.2.1.4. an Employee making improper use of his or her position for personal gain; or
63.2.1.5. an Employee making improper use of information acqu...
...
26 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
63.9.2. The written advice will contain the allegation/s of misconduct made about the Employee including evidence such
as specific information and/or examples. Relevant information will only be withheld where it is necessary to
withhold that information in order to protect the personal privacy of any other person consistent with Federal or
State legislation. The...
...
27 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
63.11.3.6. assignment of the Employee with or without their agreement to a role at a classification level lower
than the Employee’s current classification level;
63.11.3.7. transfer of the Employee with or without their agreement to a different work location at the Employee’s
current classification level (which will not preclude the Employee being entitled to p...
...
28 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
65. Purchased Paid Leave
65.1. Notwithstanding any other provision of this Agreement, an Employee may, with the agreement of ZV, work between 46
weeks and 51 weeks per year. Access to this facility may only be granted on application from an Employee.
65.2. Where ZV and an Employee agree to a reduction in the number of working weeks under this clause, the Emp...
...
29 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
67.1.7. Accrued Personal / Carer’s Leave will not be paid out on termination of employment.
67.2. Definition of Immediate Family
67.2.1. In this Clause 67, the term “immediate family” means:
67.2.1.1. a spouse (including a former spouse, a de facto partner and a former de facto partner) of the
Employee. A de facto partner means a person who, although no...
...
30 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
67.8.3. Despite Clause 67.8.1, the Employee may be required to provide appropriate documentary evidence as required
by ZV in accordance with Clause 67.5 or 67.7.
67.9. Failure to Provide Relevant Documentary Evidence
Failure by the Employee to provide documentary evidence as required by ZV within a reasonable period of time may
render the Employee ineligible ...
...
31 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
68.5.1.2. Unpaid Personal / Carer’s Leave up to a maximum of 26 weeks.
68.5.1.3. Any period for which accident make-up payments are made under WorkCover, up to a maximum of 12
months.
68.5.1.4. Paid Parental Leave.
68.5.1.5. Any such other leave as ZV may determine in a particular case.
68.5.2. Any periods of paid leave, or pay in lieu, will be included in...
...
32 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
69.6. The rights of ZV in relation to engagement or re-engagement of casual Employees are not affected, other than in
accordance with this clause.
69.7. For the purpose of this clause child means a child of the Employee under school age except for adoption of a child where
‘child’ means a person under the age of sixteen years who is placed with the Employee for...
...
33 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
69.12.3.4. Particulars of any period of Parental Leave sought or taken by the Employee’s spouse.
69.12.3.5. That for the period of Partner Leave the Employee will not engage in any conduct inconsistent with his
contract of employment.
69.12.4. Adoption Leave Procedure
69.12.5. The Employee will notify ZV at least ten weeks in advance of the date of commen...
...
34 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
69.18.1.1. To extend the period of unpaid Parental Leave by a further continuous period of leave not exceeding
12 months.
69.18.1.2. To return from a period of Parental Leave on a part-time basis until the child reaches school age to
assist the Employee in reconciling work and parental responsibilities.
69.18.2. ZV shall consider the request having regard to ...
...
35 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
70. Compassionate Leave
70.1. Definition
70.1.1. In this clause the Employee's immediate family means:
70.1.1.1. the Employee's spouse (including the Employee's former spouse, de facto partner and former de facto
partner). A de facto partner means a person who, although not legally married to the Employee, is in a
relationship as a couple on a genuine basis...
...
36 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
71.4. General Measures
71.4.1. Evidence of family violence may be required and can be in the form an agreed document issued by the Police
Service, a Court, a registered health practitioner, a Family Violence Support Service, district nurse, maternal and
health care nurse or Lawyer. A signed statutory declaration can also be offered as evidence.
71.4.2. All ...
...
37 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
73. Leave to Attend Alcohol and Drug Rehabilitation Programs
73.1. ZV is a workplace with many risks, including dangerous animals. ZV takes all reasonably practicable steps to reduce and
control these risks. Because of the nature of our workplace, Employees must not attend work if they are affected by
alcohol or illicit drugs.
73.2. Employees who have be...
...
38 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
75.5.2. An Employee required to complete Defence Reserve service will consult with ZV regarding the proposed timing of
the service and will give ZV as much notice as is possible of the time when the service will take place.
75.5.3. Where the base salary excluding allowances received by the Employee from the Australian Defence Force in
respect of Defence Reser...
...
39 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
76.3.1. Five Day Worker
Where a public holiday falls on any day Monday to Friday the Employee will have the day free of duty on full pay.
76.3.2. Rostered Worker
76.3.2.1. Where a ZV Employee is rostered on and works a public holiday, the Employee shall be paid double
time and a half at the Loaded Rate or take the Public Holiday as a day off and be paid the n...
...
40 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
PART 8 – OTHER MATTERS
81. Training
81.1. The parties agree that each Employee may have access to relevant training and/or development opportunities consistent
with the Employee's defined ZV career objectives.
81.2. Training and/or development opportunities for each Employee includes the opportunity to extend individual knowledge
and skills by attendance a...
...
41 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
84.4.3. The Employee must obtain the prior approval of their manager before using their private motor vehicle during the
course of their employment.
84.4.4. Following use, the Employee must submit a declaration stating the date, the purpose of the trip, the number of
kilometres travelled and the type of vehicle used.
84.4.5. The rates payable in respect of mo...
...
42 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
union training course may be granted up to five days leave on full pay in any one calendar year, so long as the
granting of such leave does not unduly effect the operations of ZV.
87.3.2. An elected OH&S representative may participate in union OH&S training courses.
87.3.3. On application, ZV shall grant leave without pay to an Employee for the purposes of sec...
...
43 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
88. SIGNATORIES
SIGNED IN AGREEMENT FOR AND ON BEHALF OF
Members of the Community and Public Sector Union (CPSU) SPSF Group Victorian Branch, Level 4, 128 Exhibition Street,
Melbourne. VIC 3000.
SIGNED IN AGREEMENT FOR AND ON BEHALF OF
The Zoological Parks and Gardens Board (ZV), Elliott Avenue, Parkville. VIC 3052.
______________...
...
44 | P a g e
Zoos Victoria Salaried Staff Agreement 2022
APPENDIX A
SALARIED STAFF SALARY AND CLASSIFICATION STRUCTURE
Monday to Friday rates:
Salaries increase by 2.00% with effect from 03 October 2022
Annual Gross
Step 1 p.a Step 2 p.a Step 3 p.a Step 4 p.a Step 5 p.a Step 6 p.a Step 7 p.a
Band 1 $48,908 $50,718 $52,529 $54,339 $55,271 $56,691 $58,185
Band 2 $58,201 $60,347 $62,492 $64,637 $66,74...
...
Zoos Victoria Salaried Staff Agreement 2022 Page 45
APPENDIX B
SCHEDULE OF ALLOWANCES
a) Team Leader Financial
In the absence of the relevant coordinator, an Employee may be formally assigned some of the duties of their
coordinator as well as undertake the end of day financial responsibilities.
b) Team Leader Non-Finan...
...
Zoos Victoria Salaried Staff Agreement 2022 Page 46
APPENDIX C
SCHEDULE OF CASUAL RATES
Effective
from
Details of Allowance 3/10/2022
Increase 2.00%
Casual - Trainess ( 152 hours service) $30.50
General Duties Casual - ticket seller, carpark
attendant, retail assistant, customer service
officer
$33.90
Pro...
...
Zoos Victoria Salaried Staff Agreement 2022 Page 47
APPENDIX D
SCHEDULE OF RATES FOR CAMPS
Effective
from
Details of Allowance 3/10/2022
Increase
2.00%
Half Camp (Total payment, no other allowance may be
claimed)
$244.90
Full Camp (Total payment, no other allowance may be
claimed)
$566.29
...
...
Zoos Victoria Salaried Staff Agreement 2022 Page 48
APPENDIX E
Salaried Staff Classification Band Descriptors
These descriptors are provided as a guide to the classification of ongoing and fixed-term positions across Zoos
Victoria. They can also assist managers and staff in career development discussions to focus development on ...
...
Zoos Victoria Salaried Staff Agreement 2022 Page 49
Band 2
General Attributes
Work with limited supervision within established procedures and instructions
Judgement is required to solve problems arising in own work program
Resolve minor problems
Expertise
Able to understand and apply operational work procedures...
...
Zoos Victoria Salaried Staff Agreement 2022 Page 50
Band 3
General Attributes
Work with minimal supervision
Develop procedures and work instructions
Judgement is required to solve problems arising in own work program
Previous relevant work experience required
Team leader or graduate in professional work area
Expertise
...
...
Zoos Victoria Salaried Staff Agreement 2022 Page 51
Band 4
General Attributes
Work under broad direction
Professional roles requiring specialist expertise
Co-ordinators of larger teams, or complex work areas and projects
Expertise
Co-ordinates a Team Co-ordinates Projects Technical Specialist
Apply advanced skills and...
...
Zoos Victoria Salaried Staff Agreement 2022 Page 52
Band 5
General Attributes
Design, develop and deliver research projects
Develop and review policies and guidelines
Manage a section or team of professionals
Resolve issues within existing organisation knowledge or professional guidelines
Develop forecasts and ...
...
Zoos Victoria Salaried Staff Agreement 2022 Page 53
Band 6
General Attributes
Manage a larger or complex work unit
Operational problem-solving involving detailed analysis and assessment of alternatives and their ramifications
is a common feature
Expertise
Leads a Department Senior Technical/Functional Speci...
...
Zoos Victoria Salaried Staff Agreement 2022 Page 54
Band 7
General Attributes
Head of a significant department which impacts broadly across a campus, or the organisation generally
Responsible for significant operational budgets
Shape organisation-wide priorities and strategies
Identifies and respond to new and em...
...
11 July 2022
FWC Matter No.: AG2022/4472
Dear Commissioner Wilson
RE: Zoos Victoria Salaried Staff Agreement 2022
Written undertakings under section 190 of the Fair Work Act 2009
I, Jantine Eddelbuttel, Director – Human Resources of Zoological Parks and Gardens Board
(Zoos Victoria) give the following undertakings with respect to the Zoos Victoria Salaried Staff
Agreement 2022 (Agreement):
1. I h...
1 Fair Work Act 2009 s.185 - Application for approval of a single-enterprise agreement Zoological Parks & Gardens Board T/A Zoos Victoria (AG2022/4472) ZOOS VICTORIA SALARIED STAFF AGREEMENT 2022 Tourism industry COMMISSIONER WILSON MELBOURNE, 18 NOVEMBER 2022 Application for approval of the Zoos Victoria Salaried Staff Agreement 2022 [1] An application has been made for approval of an enterprise agreement known as the Zoos Victoria Salaried Staff Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Zoological Parks & Gardens Board T/A Zoos Victoria. The Agreement is a single enterprise agreement. [2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement. [3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. [4] The CPSU, 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. [2022] FWCA 4071 DECISION FairWork Commission AUSTRALIA FairWork Commission[2022] FWCA 4071 2 [5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2022. The nominal expiry date of the Agreement is 1 October 2023. COMMISSIONER Printed by authority of the Commonwealth Government Printer AE518235 PR748114 (_ TE FAIR WORK MISSION THE SEA! OF TH COA 0[2022] FWCA 4071 3 Annexure A 11 July 2022 FWC Matter No.: AG2022/4472 Dear Commissioner WiJson RE: Zoos Vic.toria Salaried Staff Agreemeot2022 Wrinen undenakings under section 190 of the Fair Work Act 2009 I, Jantine Eddelbuttel, Director - Human Resources of Zoolo.gical Parks and Gardens Soard {Zoos Victoria) give the following undertakings with respect to the Zoos Victoria Salaried Staff Agreement 2022 (Agreement): 1. I have the authority given to me by Zoos Victoria (ZV) to provide this undertaking in relation to th.is appUcation before the. Fair Work Commission. 2. Clause 31. casual employment Clause 31.3 • 'ZV confirms that casual Rates of pay set out in this Agree-mentare if'l(.lwive of the-:25%casual loading. Casual rat es of pay are set out at Appendix C- Schedule of ~sual Rates to this Agreement.and include compensation for the nature of casual work and for paid leave (excepting long service leave). This schedule also indudes weekend penalty rates for ca.suals: APPENOIXC SCHEDULE OF CASUAL RATES . 2" lnaease effective from 03/llJ/1Jll2 Details of n:2...-xe M-f rate Saturday rate Sundav rate Casual • Trainl!ss { 152hours service) $30.1;.i ""S.75 «1.r Gen,eral Duties Casual • ticket seller, caroark S31.90 $50 .. 85 $67.,. Professional Duties Casual..- saf afi guide, ranger, $37.SS S56-37 $75.1 Supe rvisor or Finance c ·asual $44.03 $66Jl5 saa, Teacher 5'18.89 $73.3' S97.78 3. Clause 46 overtim e Clause 46.1 • ZV confinns that this d ause does not apply to employees classified at Band 6 or above and only applies to pan-time staff required to work outside the span of hours. 4. Clause :3S Shift Allowances Clause 35.1- ZV will introduce a Night shift, an unbroken period of work finishing after midnight and at or before 8.00am. The allowance will be 15%for a rotating shift and "30% for a non-rotating shlft. 5. Clause 28 - Irregular Pan-Tune. Employment Currently "N does not have any employees d as.sified as1rreguJar Part-Time ZOOSVICTORIA WERRISEE 11 July 2022 FW/C Matter No .: AG2022/4472 Dear Commissioner Wilson RE: Zoos Victoria Salaried Staff Agreement 2022 Written undertakings under section 190 of the Foir Work Att 2009 I, Jantine Eddelbuttel, Director - Human Resources of Zoological Parks and Gardens Board (Zoos Victoria) give the following undertakings with respect to the Zoos Victoria Salaried Staff Agreement 2022 (Agreement): 1. I have the authority given to me by Zoos Victoria (ZV) to provide this undertaking in relation to this application before the Fair Work Commission. . Clause 31, Casual employment Clause 31.3 - ZV confirms that Casual Rates of pay set out in this Agreement are inclusive of the 25% casual loading. Casual rates of pay are set out at Appendix C - Schedule of Casual Rates to this Agreement and include compensation for the nature of casual work and for paid leave (excepting long service leave). This schedule also includes weekend penalty rates for casuals! APPENDIXC SCHEDULE OF CASUAL RATES 2% Increase effective from 03/10/2022 Details of payrate M-F rate Saturday rate Sunday rate Casual - Trainess ( 152 hours service $30.50 $45.75 $61.00 General Duties Casual - ticket seller, carpark $33.90 $50.85 $67.80 Professional Duties Casual - safari guide, ranger, 37.58 $56.37 $75.16 Supervisor of Finance Casual $44.0 566.05 $88.06 Teacher $48.89 $73,34 $97.78 3. Clause 46 Overtime Clause 46.1 - ZV confirms that this clause does not apply to employees classified at Band 6 or above and only applies to part-time staff required to work outside the span of hours 4. Clause 35 Shift Allowances Clause 35.1 - ZV will introduce a Night shift, an unbroken period of work finishing after midnight and at or before 8.00 am. The allowance will be 15% for a rotating shift and 30% for a non-rotating shift. 5. Clause 28 - Irregular Part-Time Employment Currently ZV does not have any employees classified as 'Irregular Part-Time [2022] FWCA 4071 4 £ mptoyment' and we Oo not foresee thi s clause being appli"ed in future. No employee will b-e dassified as an Irregular Part-Time Employee ove.r the life of thi's agreement. 6. Claase3-4 Camps Cur rentlyZV does oot use the Half Camp rat e. No empkyee wit! be paicta Half camp rat e over t he life of th1s agre.ement. ZV will pay the following Full camp rat es. Af"PUJDJXD SCHfDUl:E Of RATE.s FOil CAMPS ~tali, of cao'I!) fM es tricrs,e 1.(X\91', f.u1l (:an1') (T~! p.1.,n-11:t1hno othes altowamcmav be. d-o,IJ'l"@d! Signed tor and on behalf of the employer. Jant ine Eddelbuttel Director Human Resources flle.:Oh- hlllt103/10/lOU MO~to R'ltoSa: :S~T~SIJn S\l~on rh1tt!03'f camp C'a'fftf) t ll(llf) C311'1D Ss66.l9 '5851! $7A3 .• 17 S143. t 1 ZOOS WERKINEE VICTORIA Employment' and we do not foresee this clause being applied in future. No employee will be classified as an Irregular Part-Time Employee over the life of this agreement. 6. Clause 34 Camps Currently ZV does not use the Half Camp rate. No employee will be paid a Half Camp rate over the life of this agreement. ZV will pay the following Full Camp rates. APPENDIX D SCHEDULE OF RATES FOR CAMPS Elle tee bum 03/10/2025 Details of Canapa Rates Monday to Foto Sat 531-5Un Suneson Thursday camp Ingense 2,00% Full Cams (Total payment no nthes allowance may lie $566.29 8585.93 $748:17 claimed Signed for and on behalf of the employer. Jantine Eddelbuttel Director Human Resources1 | P a g e Zoos Victoria Salaried Staff Agreement 2022 Zoos Victoria Salaried Staff Agreement 2022 PART 1 – APPLICATION & OPERATION OF AGREEMENT 1. Title This Agreement shall be referred to as the Zoos Victoria Salaried Staff Agreement 2022 (“Agreement”) 2. Arrangement Clause Title Page Clause Title Page 1 Title 1 49 Breaks 16 2 Arrangement 1 50 Higher Duties 16 3 Definitions 2 51 Officer in Charge 17 4 Coverage and Application 2 52 Promotion, Transfer and Relocation 17 5 Savings Provisions 2 53 Permanent Relocation of Usual Place of Work 17 6 Period of Operation 2 54 Residential Relocation Principles 17 7 ZV Working Smarter Program 3 55 Secondment 18 8 Individual Flexiblity Arrangements 3 56 On-call 18 9 Right to request Flexible Working Arrangement 4 57 Recall to Duty 18 10 Multiskilling 5 58 Settlement of Disputes and Grievances 18 11 Gender Equity 5 59 Implementation of Change 20 12 Anti-Discrimination 7 60 Consultative Committee 21 13 Volunteers 7 61 Workload 21 14 Labour Hire 7 62 Management of Unsatisfactory Work Performance 21 15 Classif ication Structure 7 63 Management of Misconduct 24 16 eZepp and Band Progression 8 64 Annual Leave 27 17 Salary Upon Commencement 9 65 Purchased Paid Leave 28 18 Rates of Pay for 7 Day Rostered Employees 9 66 Extended Leave Scheme 28 19 Wage Increases and Rates of Pay 9 67 Personal / Carer's Leave 28 20 Payment of Salaries 9 68 Long Service Leave 30 21 Recovery of Overpayments 9 69 Parental and Adoption Leave 31 22 Salary Packaging 9 70 Compassionate Leave 35 23 Superannuation 10 71 Family Violence Leave 35 24 Employee's Duties 10 72 Attendance at Repatriation Centres 36 25 Terms of Engagement 10 73 Leave to Attend Alcohol and Drug Rehabilitation Centres 37 26 Probationary Period 10 74 Cultural and Ceremonial Leave 37 27 Part-time Employment 10 75 Other Leave 37 28 Irregular Part-time Employment 11 76 Public Holidays 38 29 Additional Hours - Part-time staff 11 77 Safety in the Workplace 39 30 Fixed Term Employment 11 78 Accident Make-up Pay 39 31 Casual Employment 12 79 Journey Accident Insurance 39 32 Casual Employment - Visitor Services & Visitor Engagement staff 12 80 Infectious Diseases 39 33 Safari Guides & Zoo Encounter Presenters 12 81 Training 40 34 Camps Leaders - MZ and WORZ 13 82 Clothing, Tools and Equipment 40 35 Evening Programs Shift Allow ance 13 83 Employee Amenities 40 36 Cancellation of Shifts for Casual Employees 13 84 Reimbursement of Expenses 40 37 Termination of Employment by ZV 13 85 Professional Counselling 41 38 Employee Resignation 14 86 Costs of Employment Related Legal Proceedings 41 39 Abandonment of Employment 14 87 CPSU Matters 41 40 Statement of Employment 14 Appendix A Salaried Staff Salary and Classif ication Structure 44 41 Rights Not Limited 14 Appendix B Schedule of Allow ances 45 42 Hours of Work 14 Appendix C Schedule of Casual Rates 46 43 Spread of Hours 14 Appendix D Schedule of Rates for Camps 47 44 Rostering Arrangements 15 Appendix E Salaried Staff Classif ication Band Descriptors 48 45 Minimum Hours off Work Betw een Full-time Shifts 15 46 Overtime 15 47 Time in Lieu 16 48 Childcare 16Barnsley Undertakings Stamp 2 | P a g e Zoos Victoria Salaried Staff Agreement 2022 3. Definitions In this agreement, unless inconsistent with the context or subject matter: 3.1. “Act” means the Fair Work Act 2009. 3.2. ”Unloaded Rate” means the Monday to Friday rate of pay. 3.3. “Loaded Rate” means the rostered rate of pay which includes a loading for working weekends. 3.4. “FWC” means Fair Work Commission. 3.5. “ZV” means the Zoological Parks and Gardens Board trading as Zoos Victoria (“ZV”). 3.6. “eZEPP” means the electronic Zoo Employees Performance Plan system. 3.7. “CPSU” or “Union(s)” means CPSU, the Community and Public Sector Union. 3.8. “Senior Executive” means Employees who are employed under PEER contract conditions. 3.9. “Full-time” means an Employee who is engaged to work the ordinary hours of work prescribed in Part 4 - Hours of Work, of this agreement. 3.10. “Part-time” means an Employee who is engaged to work, on a regular basis, less than the ordinary hours of work prescribed in accordance with Part 4 - Hours of Work, of this agreement. 3.11. “Fixed Term” means a suitably qualified and trained person engaged by ZV for a specific purpose or specified period on a full or part-time or part-time basis, the details of which will be provided to the Employee in writing. 3.12. “Casual” employee has the meaning given by section 15 A of the Fair Work Act 2009. 3.13. “Ordinary Time Rate of Pay” for the purposes of superannuation contributions, workers compensation payments, paid leave and public holidays, means payment at the “Loaded Rate” for all rostered hours. It excludes all extraneous allowances or payments, leave loadings, daily allowances, bonuses, incentive payments and the like. 3.14. "Ordinary Hourly Rate" means the total weekly rate for a particular classification divided by 38. 3.15. “Five-day Roster” refers to an Employee whose normal rostered hours of work fall on five days per week Monday to Friday. 3.16. “Seven-day Roster” refers to an Employee whose normal rostered hours of work fall on any five days of the week and whose rate of pay is adjusted in accordance with the provisions of this agreement. 3.17. “Leave on Half-Pay” for the purpose of this agreement means ZV may allow an Employee who is taking long service leave or parental leave to take the whole or part of this type of leave and/or annual leave at half pay for a period equal to twice the period to which the Employee is entitled. 4. Coverage & Application This Agreement applies to and is binding upon: 4.1. All Employees excluding those covered by the Zoos Victoria Keepers, Veterinary Nurses,Horticulturists and Groundstaff Union Collective Agreement 2022 and senior executives. 4.2. CPSU, if the Fair Work Commission in its decision related to this Agreement, notes that the Agreement covers the CPSU. 4.3. The Zoological Parks and Gardens Board trading as Zoos Victoria (“ZV”). 5. Savings Provisions 5.1. This Agreement operates to the exclusion of all previous awards and agreements. However any entitlement in the nature of an accrued entitlement to an individual’s benefit which has accrued under any such previous certified agreement will not be affected by the making of this Agreement. 5.2. No Employee will, on balance, have his or her overall pay and conditions reduced as a result of the making of this Agreement. 5.3. No Employee’s overall terms and conditions of employment shall, on balance, be reduced as a result of any Machinery of Government changes that occur during the life of this Agreement. 6. Period of Operation 6.1. This Agreement shall commence operation seven days after it is approved by the Fair Work Commission and will have a nominal expiry date of 01 October 2023. 6.2. The parties commit to commence negotiations for a new agreement 6 months prior to the nominal expiry date. 6.3. No term of this Agreement will operate to exclude any entitlement provided by the National Employment Standards (NES) or to provide any entitlement which is detrimental to an employee’s entitlement under the NES. For the avoidance of3 | P a g e Zoos Victoria Salaried Staff Agreement 2022 doubt, if there is any inconsistency between this Agreement and the NES to the detriment of an employee, the NES will prevail. 7. ZV Working Smarter Program 7.1. The ZV Working Smarter Program is founded on the elimination of waste and inefficiency that results in a great visitor experience, high standards of wildlife conservation and animal welfare and strong financial performance that allows continuing investment in conservation. This is achieved through the recognition development and utilisation of the skills and abilities of “Employees. The ZV Working Smarter Program is in the early stages of development but the two key principles are continuous improvement and respect for people. 7.2. ZV is adopting several fundamentally sound and proven practices which help us to work effectively and efficiently. These fundamentals include, but are not limited to, 5S; Standardisation; Problem solving; Flow; Visual management; Go to See; Plan, Do, Check, Act (continuous improvement); Skill Development. 7.3. The practice of continuous improvement will apply throughout our operations and represents an incremental step by step improvement in a job or process by utilising the ideas, suggestions and expertise of all Employees, which may include improvements /adaptations of equipment but which does not include major capital investments. 7.4. Continuous improvement activities involve all Employees and all areas of our organisation and are based on the principle that an Employee’s job is a combination of day to day work and their contribution to improving the way that work is done and outcomes are achieved. 7.5. The parties acknowledge that ZV will implement lean management principles and that all Employees will receive training in these principles. Employees will plan, implement and monitor the principles with the support of their managers and other qualified staff. 7.6. Changes to the way work is performed may result from implementation of the principles. Any proposed change that could have a significant impact on an Employee’s role, workload, or conditions, will be in accordance with Clause 59 – Implementation of Change. 7.7. Changes which may arise from implementation of lean management principles will not result in a reduction to the overall headcount of employees covered by this Agreement. 7.8. No redundancies will directly result from the introduction of lean management principles and any Employees whose jobs are no longer required will be redeployed. 7.9. Implementation of the principles will not be used to promote an increase in the use of Volunteers or Casual Employees. 8. Individual Flexibility Arrangements 8.1. An Employee has the right to request an individual flexibility arrangement pursuant to this clause. An individual flexibility arrangement must be genuinely agreed to by the Employee and ZV. ZV may not unreasonably refuse any application for an individual flexibility arrangement. 8.2. ZV and an employee may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) Arrangements about when work is performed; (ii) Overtime rates (iii) Penalty rates (iv) Allowances (v) Leave loading: and (b) the arrangement meets the genuine needs of ZV and the employee in relation to 1 or more of the matters mentioned in paragraph (a): and (c ) The arrangement is genuinely agreed to by the ZV and the employee. 8.3. An Employee may nominate a representative including a colleague, Union representative, or Human Resources staff member, to assist in negotiations for an individual flexibility arrangement. 8.4. ZV will ensure that the terms of the individual flexibility arrangement; (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 8.5. ZV will ensure that an individual flexibility arrangement is in writing and signed by the Employee and ZV. If the Employee is under 18, the arrangement must also be signed by a parent or guardian of the Employee. 8.6. ZV will not unreasonably refuse any application for an individual flexibility arrangement.4 | P a g e Zoos Victoria Salaried Staff Agreement 2022 8.7. ZV will give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to. 8.8. ZV will ensure that any individual flexibility arrangement sets out: 8.8.1. The terms of this enterprise agreement that will be varied by the arrangement. 8.8.2. How the arrangement will vary the effect of the terms of this Agreement. 8.8.3. How the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the individual flexibility arrangement. 8.8.4. The day on which the arrangement commences. 8.8.5. Provides for the individual flexibility arrangement to be terminated: 8.8.6. (i) By either the Employee or ZV giving a specific period of written notice, with the specified period being not more than 28 days. 8.8.7. (ii) At any time by written agreement between the Employee and ZV. 8.9. 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. 9. Right To Request Flexible Working Arrangements 9.1 Flexible Working Arrangements 9.1.1 In accordance with and pursuant to section 65 of the Act, an Employee may request a change in their working arrangements on the basis of the following circumstances: the Employee is the parent, or has responsibility for the care, of a child who is of school age or younger; the Employee is a carer (within the meaning of the Carer Recognition Act 2010); the Employee has a disability; the Employee is 55 or older; the Employee is experiencing violence from a member of the Employee’s family; the Employee provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s household, who requires care or support because the member is experiencing violence from the member’s family. Note: Examples of changes in working arrangements include changes in hours of work, changes in patterns of work and changes in location of work. 9.1.2To avoid doubt, and without limiting clause 9.1 , an Employee who: is a parent, or has responsibility for the care, of a child; and is returning to work after taking leave in relation to the birth or adoption of the child, may request to work part-time or request a change in working arrangements to assist the Employee to care for the child. 9.1.3 Employees are not entitled to make the request unless they have completed at least 12 months of continuous service with ZV immediately before making the request. 9.1.4 Casual employees are entitled to make a request if: (a) they have been employed by the employer on a regular and systematic basis for a sequence of periods of employment of at least 12 months immediately before making the request (b) there is a reasonable expectation of continuing employment on a regular and systematic basis 9.1.5 A request made under this clause must be made in writing and set out details of the change sought and the reasons for the change. 9.1.6 On receipt of a request by an Employee under this clause, the Employer must give the Employee a written response within 21 days, stating whether the Employer grants or refuses the request. 9.1.7 The Employer may only refuse the request on reasonable business grounds. 9.1.8 Without limiting what are reasonable business grounds for the purposes of clause 9.7, reasonable business grounds include the following: that the new working arrangements requested by the Employee would be too costly for the Employer; that there is no capacity to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employee; that it would be impractical to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employee; that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity; (a) (b) (c) (d) (e) (f) (a) (b) (a) (b) (c) (d) (a (b (c) (d) (e) (f) (c) (d)5 | P a g e Zoos Victoria Salaried Staff Agreement 2022 that the new working arrangements requested by the Employee would be likely to have a significant negative impact on customer service. 9.1.9 If the Employer refuses the request, the written response under clause 9.6 must include details of the reasons for the refusal. 9.2 Home Based Work Any application to work from home will be considered on the merits and approval will not be unreasonably refused. 10. Multiskilling ZV may direct an Employee to carry out such duties as are within the limits of the Employee’s classification. All Employees shall use such tools, plant, machinery and equipment as may be required, provided that they have been properly trained in the use of such tools, plant, machinery and equipment. 11. Gender Equity 11.1 Gender Pay Equity Principles The provisions of this Agreement are to be interpreted consistently with the following gender pay equity principles: a) Establishing equal pay for work of equal or comparable value: Equal or comparable value refers to work valued as equal in terms of skill, effort, responsibility and working conditions. This includes work of different types. b) Freedom from bias and discrimination: Employment and pay practices are free from the effects of unconscious bias and assumptions based on gender. c) Transparency and accessibility: Employment and pay practices, pay rates and systems are transparent. Information is readily accessible and understandable. d) Relationship between paid and unpaid work: Employment and pay practices recognize and account for different patterns of labour force participation by workers who are undertaking unpaid and/or caring work. e) Sustainability: Interventions and solutions are collectively developed and agreed, sustainable and enduring. f) Participation and engagement: Workers, unions and employers work collaboratively to achieve mutually agreed outcomes. 11.2 Meaning of Pay In this clause, ‘pay’ refers to remuneration including but not limited to salary, bonuses, overtime payments, allowances and superannuation. 11.3 Commitment to collaborative approach to achieving gender pay equity ZV will work collaboratively with Employees and the Unions to identify, support and implement strategies designed to eradicate the gender pay gap, gender inequality and discrimination. 11.4 Claims relating to systemic gender equality issues a) A systemic gender equality issue means an issue of a systemic nature within ZV, which adversely affects a class or group of Employees of ZV, relating to: i. the gender composition of any or all workforce levels of ZV ii. the gender composition of governing bodies; or iii. Equal remuneration for work of equal or comparable value across any or all workforce levels of ZV, irrespective of gender; or iv. Sexual harassment in the workplace; or v. Recruitment and promotion practices in the workplace; or vi. Availability and utilization of terms, conditions and practices in the workplace relating to family violence leave, flexible working arrangements and working arrangements supporting Employees with family or caring responsibilities; or vii. Gendered workplace segregation. (e) (e)6 | P a g e Zoos Victoria Salaried Staff Agreement 2022 b) The Unions and/or a class or group of Employees (Claimant/s) may seek resolution of a dispute relating to a systemic gender equality issues (Claim) in accordance with this clause. c) A Claim or Claims under this clause must be made in writing to ZV d) In the first instance the Claim should include sufficient detail for ZV to make a reasonable assessment of the nature of the Claim, the Employees impacted by the Claim and any proposals to resolve the Claim. e) ZV must meet and discuss the Claim with the Claimant/s prior to responding to the Claim. f) ZV must respond to the Claim in writing to the Claimant/s, within a reasonable time, including enough details in the response to allow the Claimant/s to understand ZV’s response to each element of the Claim, including reasons why the Claim is accepted or rejected. g) If the Claim is unable to be resolved between ZV and the Claimant/s, either the Claimant/s or ZV may refer the Claim to the Public Sector Gender Equality Commissioner (Commissioner) to deal with. h) In dealing with a Claim, the Commissioner: i. Must consider the Gender Pay Equity Principles articulated at clause 6.1 above. ii. Must be objective and free from assumptions based on gender; and iii. Must acknowledge that current pre-existing views, conclusions or assessments of comparable worth or values may not be free of assumptions based on gender; and iv. Must ensure that skills, responsibilities, effort and conditions that are commonly undervalued such as social and communication skills, responsibility for wellbeing of others, emotional effort, cultural knowledge and sensitivity are considered; and v. Must ensure the dispute resolution outcomes consider current or historical gender-based discrimination and do not further promote systemic undervaluation; and vi. Must deal with the Claim in a manner that is independent of ZV or the Claimant/s; and vii. Must consider evidence that the Claim may not be isolated to ZV subject to the Claim but may affect Employees from other public sector employers not covered by this Agreement; and viii. May jointly deal with a Claim and any other dispute which has been referred to the Commissioner which relates to the same or similar systemic gender equality issues; and ix. Must consider the views of the Claimant/s prior to jointly dealing with multiple Claims or disputes; and x. May otherwise deal with the Claim in any way the Commissioner considers appropriate, consistent with the requirements of the Gender Equality Act 2020 (Vic). This can include mediation, conciliation, making recommendations or offering opinions. i) If a Claim is unable to be resolved by the Commissioner, either the Claimant/s or ZV may refer the Claim to the Fair Work Commission for resolution pursuant to clause 11 of this Agreement. j) This clause does not apply to any dispute regarding a matter or matters arising in the course of bargaining in relation to a proposed enterprise agreement. k) A Claimant or ZV may choose to be represented at any stage by a representative, including a union representative or from within ZV. l) The Claimant and ZV 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. m) Whilst a Claim is being dealt with in accordance with this clause, work must continue in accordance with usual practice, provided that this does not apply to an Employee who has a reasonable concern about an imminent risk to their health or safety, has advised ZV of this concern and has not unreasonably failed to comply with a direction by ZV to perform other available work that is safe and appropriate for the Employee to perform. No party will be prejudiced as to the final settlement of the Claim by the continuance of work in accordance with this clause.7 | P a g e Zoos Victoria Salaried Staff Agreement 2022 11.5 Gender Equality Action Plans ZV will consult with the Unions in the preparation of Gender Equality Action Plans under the Gender Equality Act 2020 (Vic). 12. Anti-Discrimination It is the intention of the Parties to this Agreement to achieve the principal object in section 336(c) of the FW Act through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 13. Volunteers 13.1. The parties acknowledge that volunteers are an important part of Zoos Victoria. Volunteers perform documented tasks which are valuable, but not essential, to Zoos Victoria’s day to day operations and which enhance the visitor experience, or support professional, technical and administrative workers. The tasks they perform are complementary to the work of paid Employees and their activity must be as a supernumerary. The work they perform is unpaid. 13.2. Volunteers shall not be used to replace the positions of paid Employees. 14. Labour Hire 14.1. Staff engaged through labour hire organisations must not affect the employment security of Employees covered by the Agreement. 14.2. For the duration of the placement, staff engaged through labour hire must be provided with terms and conditions of employment which are no less favourable than those provided in this Agreement. PART 2 – CLASSIFICATION, WAGES & RELATED MATTERS 15. Classification Structure 15.1. Positions will be classified within the ZV Structure based on work value. 15.2. Employees will be employed within one of these Bands based on work requirements in accordance with the Classification Descriptors at Appendix E. 15.3. The new classification structure comprises seven bands each of which has a defined work value. This replaces the previous structure which had over-lapping salary bands. 15.4. All bands and fixed pay points will increase in line with and at the same time as general pay increases negotiated within this agreement. 15.5. Almost all staff will translate to the new classification structure based on their existing Unloaded Rate. In a small number of exceptional cases, individuals will translate to the appropriate band based on work value assessment and will retain their existing pay rate, even though it is above the band maximum, to which the annual increases outlined in Clause 19.2 – Wage Increases and Rates of Pay will be applied. 15.6. An Employee has the right to request a classification evaluation of the position which he or she occupies by applying to his/her departmental director to submit the changed position description and any other relevant detail to Human Resources for re-evaluation. HR shall conduct an assessment of the position against the classification descriptors. Where a position is reclassified, the date of implementation for the revised classification will be effective from the date of the written request for reclassification. 15.7. The parties agree to review the classification structure during the life of the agreement with a view to incorporating the agreed changes in a subsequent agreement. Discussions will commence within the first 18 months of this agreement. 15.8. Any matters arising from this process may be referred to Clause 58 - Settlement of Disputes and Grievances. 15.9. The following clauses of this Agreement do not apply to Employees at, or above Band 6: 15.9.1. Clause 35 – Evening Programs Shift Allowance 15.9.2. Clause 43 - Spread of Hours 15.9.3. Clause 46 – Overtime 15.9.4. Clause 47 – Time In Lieu 15.9.5. Clause 51 – Officer in Charge 15.9.6. Clause 57 – Recall to Duty 15.9.7. Clause 76.4 – Payment for Work on Public Holidays8 | P a g e Zoos Victoria Salaried Staff Agreement 2022 16. eZEPP & Band Progression 16.1. Progression Steps and Amount 16.1.1. Progression through the salary structure is dependent on ZV’s ability to pay which will be linked to its financial performance against budget for the performance year. In the event that this performance is positive, an amount equivalent of up to 1% of salaried staff payroll may be allocated to band progression. In the event that this performance is negative, ZV will consult with the CPSU on ZV financial performance and provide relevant evidence in a timely fashion. 16.1.2. Progression if any, will be effective from 1 January each year. 16.1.3. Within Bands 1 to 4 there are progression steps (expressed salary points), or for Bands 5 to 7 progression amounts, as detailed in the table at Appendix A – Salaried Staff Salary and Classification Structure. 16.1.4. Progression steps within Bands are not points of defined work value. Progression within the salary structure will not be automatic, consistent with wage fixing principles. 16.1.5. An Employee may move through the first three progression steps within Bands 1 to 4 when she or he is assessed at his or her annual performance review as meeting the requirements of the Employee’s eZEPP (performance plan) which includes three components – KPOs, behaviours and development. 16.1.6. An Employee may move through the remaining progression steps within Bands 1 to 4 when she or he is assessed as achieving exceptional performance against the Key Performance Objectives outlined in the Employee’s eZEPP. 16.1.7. An Employee within Bands 5 to 7 may be considered for salary progression when she or he is assessed as achieving exceptional performance against the requirements of the Employee’s eZEPP (performance plan) which includes three components – KPOs, behaviours and development. 16.1.8. In October each year, Employees and managers may make submissions via their Director for consideration of a salary increase based on exceptional performance. 16.2. eZepp Performance Plan 16.2.1. Full time and part-time Employees will be required to participate in an annual performance review through the eZEPP system. 16.2.2. The performance cycle is twelve months (1 July to 30 June). 16.2.3. The performance plan, comprising Key Performance Objectives (KPOs), behaviours and development objectives, is to be agreed with each Employee at the start of the performance cycle, or upon the Employee’s commencement in a role. The plan may be adjusted by agreement during the performance cycle. 16.2.4. All Employees can expect informal and formal feedback about their performance throughout the performance cycle with their supervisor or manager. 16.2.5. A performance review is undertaken at the end of each performance cycle. The Employee’s performance against the eZepp is assessed by their manager at that time. Employees must meet all of the elements of their individual performance plan to be eligible for progression. 16.3. Eligibility for Progression 16.3.1. Subject to Clause 16.1 – Progression Steps and Amount an Employee will be eligible to access progression if an Employee has been in his or her role for 3 months or more, except in the following circumstances. 16.3.2. Has been appointed on probation under Clause 26 – Probationary Period and has been in his or her role for less than 6 months at the time the performance review is undertaken. 16.3.3. Has completed a formal underperformance process or is subject to one under Clause 62 – Management of Unsatisfactory Work Performance at 30 June; or 16.3.4. Is subject to proven misconduct as per Clause 63 - Management of Misconduct during the course of the performance cycle. 16.4. Progression Criteria 16.4.1. It is acknowledged that within Bands 1 to 4 the progression criteria will not be as onerous as those which will be required for Bands 5 to 7. Whilst Bands 4 and 5 are clearly seen as transition points to higher levels of management within the structure and carry additional responsibility, this does not mean work at all lower levels will not be important and demanding. However, it is expected that in setting agreed performance plans the overwhelming majority of Employees within Bands 1 to 4 will achieve the objectives. This is to be contrasted with Employees in Bands 5 to 7. In these Bands agreed objectives will include measures of excellence and skill acquisition commensurate with the high level of responsibility. It is expected that progression at these levels will be both more challenging and difficult to achieve. 16.4.2. Central to progression is the need for managers, in consultation with Employees, to determine what should, and can, be delivered to warrant progression through a combination of increasing capability, productivity, performance and professionalism. This interaction between managers and Employees gives authority and integrity to the structure and its sustainability in the long term.9 | P a g e Zoos Victoria Salaried Staff Agreement 2022 17. Salary Upon Commencement The commencement salary for new Employees should normally be at the entry point salary for their band. A higher rate of pay may be warranted depending upon their competency and/or the current market rate for the position. 18. Rates of Pay for 7 Day Rostered Employees 18.1. The percentage to be applied to the Unloaded Rate will be: Full time Employees working 4 weekend days in a 28-day cycle. 118.68% of the Monday to Friday Unloaded Rate Full time Employees working 2 weekend days in a 28-day cycle. 109.08% of the Monday to Friday Unloaded Rate Part-time Employees averaging 2 weekend days in each 7 days worked. 126.69% of the Monday to Friday Unloaded Rate 18.2. The rates have been calculated on the basis that full time and part-time Employees work an average of 7.6 hours per day. 18.3. The Loaded Rate for part-time staff with a work pattern that does not average 2 weekend days in each 7 days worked will be calculated by application of the following penalty rates to the Monday to Friday Unloaded Rate: 18.3.1. For Saturdays, in addition to ordinary hours, 50% for the first 2 hours worked, and 100% for subsequent hours; 18.3.2. For Sundays, 100% for all hours worked. 19. Wage Increases & Rates of Pay 19.1. The rates of pay applicable under this Agreement are contained in Appendix A – Salaried Staff Salary and Classification Structure. 19.2. Employees covered by this agreement will receive the following salary increases: Date of effect Percentage increase 3 October 2022 2% 20. Payment of Salaries 20.1. ZV must pay salaries, allowances, penalty or overtime payments due to an Employee by fortnightly electronic direct credit to a bank account, credit union or building society account nominated by the Employee. In exceptional circumstances, ZV will make provision for off-line payments. 20.2. Payment of salaries will be made no later than the second Thursday of each pay period. Ongoing and fixed-term Employees will be paid one week in advance and one week in arrears. Casual Employees will be paid two weeks in arrears due to the nature of their work. 20.3. Employees must be provided either in writing or electronically, with detail of each pay regarding the makeup of their remuneration and any deductions. 20.4. By agreement with ZV, the Employee may authorise deductions from salary for forwarding to health insurance organisations, superannuation funds, credit co-operatives and other agreed institutions. 21. Recovery of Overpayments 21.1. ZV will notify an Employee immediately it determines that the employee has an employment-related debt to the Employer, including without limitation: 21.1.1. overpaid salary; or 21.1.2. amounts in respect of paid leave taken in advance (i.e. prior to it accruing to the employee); or 21.1.3. amounts owing through any salary packaging arrangement. 21.2. Once the notification has been made and there is agreement on the amount of the overpayment, agreement on a repayment plan must be reached within 4 weeks. Neither party may unreasonably withhold their agreement to a proposal. 21.3. If agreement is not reached on the overpayment amount, or repayment plan, the matter should be referred to the dispute resolution process. 22. Salary Packaging ZV has established a salary packaging scheme (“the Scheme”) that is approved by the Australian Taxation Office for the Employees. A provider manages the Scheme and all costs associated with the operation of the Scheme are recovered from10 | P a g e Zoos Victoria Salaried Staff Agreement 2022 the participants in the Scheme. The Scheme must not allow an individual Employee’s remuneration to fall below the prescribed award minimum. 23. Superannuation The Employee, regardless of age, will be offered by ZV membership of a complying superannuation fund for the purposes of the Superannuation Industry (Supervision) Act 1993 (unless they are a member of a Victorian exempt public sector superannuation scheme). ZV will contribute, or will be deemed to contribute, to this fund or another approved fund an amount in accordance with the Commonwealth Superannuation Guarantee Administration Act 1992. PART 3 – CONTRACT OF EMPLOYMENT AND RELATED MATTERS 24. Employee’s Duties Every Employee must at all times: 24.1. Perform his/her duties with due care and diligence. 24.2. Comply with the lawful instructions of management. 24.3. Comply with policies, procedures and rules in operation including the ZV Code of Conduct 25. Terms of Engagement 25.1. ZV will determine a usual place of work for each Employee which will be notified in writing at the commencement of employment, or at any change to employment arrangements. 25.2. Employees may be employed: 25.2.1. On an ongoing full-time or part-time basis. 25.2.2. On a fixed term basis. 25.2.3. On a casual basis. 25.3. ZV acknowledges the positive impact that secure employment has on employees and the provision of quality services to the Victorian community and will give preference to ongoing forms of employment over casual and fixed-term arrangements wherever possible. 26. Probationary Period With the exception of casual Employees, all new Employees will be subject to a probationary period of 3 months. During such probationary period, new Employees will have periodic performance reviews with their supervisor. Subject to satisfactory reviews, the Employee’s appointment will be confirmed in writing 27. Part-time Employment 27.1. Part-time Employees must be provided with a minimum of three hours work for each period rostered to work. A part-time Employee is an Employee who works a regular rostered cycle, and who shall be employed for less than 76 hours per fortnight. 27.2. Part-time Employees will be paid at ordinary rates for all hours worked up to an average of 76 hours per fortnight. Hours worked in excess of an average of 76 per fortnight, or outside the span of hours will be paid at overtime rates. 27.3. A part-time Employee shall receive payment on a pro rata basis for paid leave and public holidays which fall upon a day on which such an Employee would normally work. 27.4. The other conditions of employment of a part-time Employee shall be those prescribed elsewhere in this agreement, except to the extent that they are superseded or modified by the provisions of this clause. 27.5. A part-time Employee shall be paid an hourly rate equal to one thirty eighth of the appropriate weekly classification rate for hours worked Monday to Friday. Work on Public Holidays shall be paid in accordance with Clause 76.4 – Payment for Work on Public Holidays. 27.6. A part-time Employee shall be notified of their hours of work by the fixing of a roster as agreed between the Employee and ZV, where that agreement includes: (a) an agreed schedule specifying the days in each fortnight on which the Employee will work, the hours of those days upon which the Employee will work, and the number of hours the Employee will work on each day; and (b) agreed processes for the variation of hours or days of work. Such agreed scheduled hours shall be considered the Employee’s ordinary hours. Such hours of work once notified cannot be altered without 48 hours’ notice by ZV or by mutual agreement between ZV and Employee. 27.7. Provided that in the event of a dispute relating to the hours of work of a part-time Employee, the terms of Clause 58 - Settlement of Disputes and Grievances of this Agreement shall be applied.11 | P a g e Zoos Victoria Salaried Staff Agreement 2022 28. Irregular Part-Time Employment 28.1. Irregular Part-time Employees are engaged on the basis that they will be offered a minimum number of hours each fortnight. 28.2. The pattern over which these hours are worked will typically vary from week to week, notwithstanding that, on any day the Employee is asked to work, a minimum period of three hours will apply. 28.3. ZV will make the minimum number of hours available to the Employee each fortnight, unless varied by local agreement at the instigation of the Employee. 28.4. If ZV does not offer the minimum number of hours stipulated in the letter of offer, the Employee will still be entitled to be paid that minimum number of hours. 28.5. ZV understands the impact on Irregular Part-time Employees of minimum hours being worked over a number of days. ZV will make every effort to take into account the personal circumstances of the Employee when scheduling the hours to be worked and to provide reasonable notice of when the hours are to be offered. 28.6. If ZV makes available at least the relevant minimum number of hours and the Employee is unable or unwilling to work at the times at which the hours are offered, the Employee will be paid only for those hours worked (i.e. this may be less than the number of hours specified in the letter of offer). 28.7. If the Employee is offered and works more than the relevant minimum number of hours, they will be paid for the extra hours at the ordinary rate of pay for all hours worked up to a maximum of 76 hours per fortnight. Hours directed to be worked in excess of 76 hours per fortnight will be paid in accordance with Clause 46 - Overtime. 29. Additional Hours – Part-time Staff 29.1. Additional hours arising on a variable basis will be offered to part-time staff before casual staff may be engaged. 29.2. Hours must be offered at the earliest available opportunity and allow part-time staff at least 24 hours to respond. 29.3. Hours may only be offered to casual staff where no part-time staff are available, or where 24 hours’ notice cannot be provided. 29.4. Payment for additional hours worked up to a total of 76 hours per fortnight will be at the Unloaded Rate for hours worked within the span of hours from Monday to Friday. 29.5. Payment for additional hours worked up to a total of 76 hours per fortnight will include a penalty payment of time and a half for the first two hours worked on a Saturday and double time thereafter; double time for all hours worked on a Sunday; and double time and a half for all hours worked on a public holiday. 29.6. An employee required to work outside the ordinary hours of work will be entitled to receive an overtime rate or shift work rate (or time off) as prescribed. 29.7. Where part-time staff refuse the offer of additional hours, casual staff may be engaged 30. Fixed Term Employment 30.1. Employees covered by this agreement may be engaged for fixed terms. Fixed term employment will not be used to undermine the permanency of any existing permanent position. Except in circumstances where an Employee is engaged to temporarily replace an Employee on Parental Leave, fixed-term employment shall not exceed three continuous years. 30.2. Fixed term Employees may be engaged in the following circumstances: 30.2.1. To fill temporary absences of the permanent Employee due to WorkCover claims, or extended leave (annual, long service, personal/carer’s, parental, leave without pay), or short term assignments at other institutions/ZV properties. 30.2.2. To fill a temporary vacancy if the recruitment process needs to be extended. 30.2.3. To fill a position for which there is extraordinary, finite or non-recurrent funding such as special projects and departmental work overload, for periods under six months. Where the fixed term is for a period of longer than 6 months, the circumstances may be referred by ZV for review and consultation with affected Employees and the CPSU. 30.3. Notwithstanding the need for flexibility in placing fixed term Employees in sections other than where the temporary absence has occurred, providing always that the absence is covered by another Employee, fixed term Employees will be given advice in the letter of appointment of the circumstances of their employment, and a date when the appointment term is to finish. 30.4. If for any reason, the appointment term is to be extended, the fixed term Employee will be given written advice of the extension, the circumstances of the extended appointment, whether or not they have changed from the initial circumstances, and a date when the appointment term is to finish. 30.5. Where a fixed term Employee is employed on a contract of 12 months or greater, ZV will provide confirmation, in writing, at least four weeks before that contract ends, that the contract will in fact expire at the date stipulated in the relevant letter of offer. If ZV does not confirm the contract expiry at least 4 weeks before the notional end of the contract expiry at least 4 weeks before the notional end of the contract, then payment of salary to the Employee will be extended such that the Employee will receive 4 weeks’ salary after the notice is given.12 | P a g e Zoos Victoria Salaried Staff Agreement 2022 31. Casual Employment 31.1. A casual Employee should be available and willing to undertake an hourly engagement when required by ZV. In the event that the Employee attends work then is not required to work or the Employee is not notified and attends work, a payment as prescribed by Clause 36 – Cancellation of Shifts shall be paid to the Employee. 31.2. Casual Employees will not be used to undermine the employment of Employees in ongoing positions. 31.3. Rates of pay for casual Employees are set out at Appendix C – Schedule of Casual Rates to this Agreement and include compensation for the nature of casual work and for paid leave (excepting long service leave), penalties (weekend, overtime and public holidays) and public holidays not worked except as provided by Clause 31.6. 31.4. Each engagement will be for a minimum of three hours. 31.5. Casual Employees shall be entitled to two days unpaid compassionate leave and two days unpaid personal/carer’s leave per occasion. 31.6. Casual Employees working on Christmas Day will be paid a penalty rate of double time and a half for the whole shift. 31.7. Wherever casual Employees are used on an on-going basis to cover a work area, they may seek to have a review conducted, with a view to creating a permanent part-time, or irregular part-time position. 31.8. Where a request is received from an individual Employee, and results in the establishment of a part-time position, the Employee who made the request will be directly appointed to the position. 31.9. Where a request is received from more than one Employee, or the CPSU, and results in the establishment of at least one part-time position, then a formal selection process will be conducted amongst all casual Employees in the work area currently performing the duties. 31.10. Where a review does not result in the establishment of any part-time positions, relevant Employees, or the CPSU, may access Clause 58 – Settlement of Disputes and Grievances. 32. Casual Employment – Visitor Services & Visitor Engagement staff 32.1. To maintain a position on the roster, casual Employees are expected to make themselves available to work 32.1.1. At least four weekend days over each 28 day period; 32.1.2. Six of the total number of annual public holidays; 32.1.3. Where required, every alternate Christmas Day; and 32.1.4. Victorian school holiday periods. 32.2. Casual employees are able to apply to take time off during the school holidays subject to reasonable availability over the year. It is ZV’s preference that causals are available during Victorian school holiday periods. However Casual employees can apply for time off at least 4 weeks prior to the school holiday period and preference for time off will be given to those casuals who worked the previous holiday period. In order to maintain a place on the casual roster casual employees will need to be available for at least 8 weeks of the total period of school holidays. Requests for time off will not be unreasonably refused. 32.3. Casuals are expected to notify their manager in advance (at least 24 hours) where possible if they are unable to work their rostered shift due to special circumstances. 32.4. Employees may access Clause 58 – Settlement of Disputes and Grievances of this Agreement if they have concerns about the application of this clause. 33. Safari Guides: Werribee Open Range Zoo and Zoo Encounter Presenters at Melbourne Zoo 33.1. The terms and conditions of this Agreement apply to Employees conducting safari tours other than as amended below. 33.2. Spread of Hours 33.2.1. The spread of hours for Safari Guides is between 6:00am and 10:00pm which may be extended past 10:00pm by mutual agreement. 33.3. Employee Breaks for Safari Guides 33.3.1. Safari Guides will be entitled to rest and meal breaks set out in this Agreement at Clause 49 - Breaks. 33.3.2. By mutual agreement, paid rest breaks may be accumulated and taken in lieu of an unpaid meal break. 33.3.3. Safari tours will be scheduled so as to allow Safari Guides to use bathroom facilities between tours, if necessary. 33.4. Safari Guide Training 33.4.1. ZV may require Employees to attend various paid Training Courses, Seminars and Conferences. In such circumstances, ZV will pay all relevant expenses associated with such attendance and a minimum of two (2) hours at the relevant rate of pay, or time in lieu. 33.4.2. Where a training program is held other than at Werribee Open Range Zoo, Employees will receive payment for any additional travel time, and actual travel expenses will be reimbursed on production of receipts of expenditure.13 | P a g e Zoos Victoria Salaried Staff Agreement 2022 34. Camp Leaders: Melbourne Zoo and Werribee Open Range Zoo 34.1. Camp Leaders are engaged on an ad hoc basis to run and manage overnight camps on the basis of a period of duty, a period of rest, and with the provision of accommodation and all meals in return for an all up rate of remuneration per camp run. 34.2. The period of duty will be determined by ZV subject to consultation with Camp Leaders and the CPSU, duration of which will take into account time for set up, animal encounters and other activities to engage visitors, meal preparation and clean up, pack-up and other routine duties. 34.3. Rest period will normally extend between the hours of 10.45pm and 6.00am the following during which time, the Camp Leader will be on-call. 34.4. Camp Leaders are entitled to all meals and visitor standard accommodation for the duration of each camp. 34.5. As the Camp Leader is involved in the preparation and serving of meals at which the Camp Leader also takes a meal, a separate paid break from duty of 30 minutes is applicable to be taken at the discretion of the Camp Leader but preferably between completion of set-up and arrival of the visitors. 34.6. Remuneration 34.6.1. The rate payable to staff overseeing camps is set out in Appendix D – Schedule of Rates for Camps to this agreement. The full camp rate is all inclusive and comprises a base amount, overnight allowance, first aid allowance and consideration for being on-call; as well as taking into account the rest period and paid and unpaid meal breaks. 34.6.2. Where significant additional hours are worked as the result of an emergency, the Employee may claim those hours at the relevant casual hourly rate. 34.7. Leave 34.7.1. Camp Leaders will have the same entitlement to leave as Casual Employees. 34.7.2. For the purpose of the calculation of long service leave, it will be assumed that a full camp is 10.5 worked hours and a half camp is 6.5 worked hours. 35. Evening Programs Shift Allowance 35.1. Employees whose roster requires them to work shifts commencing at or after 11.00am and finishing at or after 7.00pm shall be paid a shift allowance of 15% for all ordinary hours worked. 35.2. Employees receiving this allowance are not entitled to penalties for work outside the spread of hours. 35.3. This clause shall not apply to Employees classified at Band 6 or higher. 36. Cancellation of Shifts for Casual Employees, including Casual Safari Guides, Camp Leaders or Cancellation of Additional Hours of Part-time Employees, including Part-time Safari Guides. 36.1. Where a rostered shift is to be cancelled for a casual Employee due to predicted poor weather or the otherwise predictable likelihood of low visitation, the cancellation should occur wherever possible by 5pm the day before the rostered shift. 36.2. Where the Employee is notified of the cancellation prior to 5pm on the day prior, they will not be required to attend the workplace and will receive no payment. 36.3. Where the cancellation is made on the day the shift has been scheduled and the Employee is notified prior to leaving for the workplace, they will not be required to attend the workplace and will receive a cancellation allowance equivalent to two hours payment 36.4. Where cancellation is made on the day the shift has been scheduled and the Employee is not notified prior to leaving for the workplace, they will be required to attend the workplace and will work and be paid for the minimum shift of three hours. 37. Termination of Employment by ZV 37.1. The provisions of section 117 of the FW Act apply, except where varied by this clause. 37.2. Subject to this Agreement ZV may only terminate the employment of an Employee for the reasons outlined in section 33 of the Public Administration Act 2004 (Vic). 37.3. Notice of Termination of Employment by ZV 37.3.1. In order to terminate the employment of an Employee, other than a casual Employee, ZV must give to the Employee 4 weeks’ notice. 37.3.2. Employees over 45 years of age and with more than two years’ continuous service at the time of having their employment terminated must be given an additional week’s notice. By mutual arrangement, the parties can agree to a shorter period of notice. 37.4. Time off During Notice Period Employees given notice of termination by ZV are allowed time off without the loss of ordinary pay to seek new employment, equivalent to three normal working days. The time off shall be taken at an agreed time and following consultation with the Employee’s supervisor.14 | P a g e Zoos Victoria Salaried Staff Agreement 2022 37.5. Payment in Lieu of Notice 37.5.1. Payment in lieu of the notice will be made if ZV notifies the Employee that ZV does not require the Employee to work the entirety of the applicable notice period. Employment may be terminated by the Employee working part of the required period of notice and by ZV making payment for the remainder of the period of notice. 37.5.2. In calculating any payment in lieu of notice, ZV shall use the salary an Employee would have received for the ordinary time they would have worked during the period of notice had their employment not been terminated. 37.5.3. The period of notice in this clause will not apply in the case of dismissal for serious misconduct. 38. Employee Resignation An Employee, other than a probationary Employee, may resign at any time by giving four weeks’ notice to ZV, or a lesser period subject to mutual agreement. 39. Abandonment of Employment 39.1. If an Employee is absent for more than 20 working days: 39.1.1. in circumstances where ZV could not reasonably, after due enquiry, have been aware of any reasonable grounds for the absence; and 39.1.2. without the permission of ZV; and without contacting ZV to provide an explanation for the absence. 39.2. Following the 20 day period ZV will provide notice of termination due to abandonment of employment. . ZV is required to provide notice of termination of employment as per Clause 37 – Termination of employment. 40. Statement of Employment 40.1. ZV must upon receipt, of a request from an Employee whose employment will cease, provide to the Employee a written statement specifying the period of his or her employment and classification of or the type of work performed by the Employee. 40.2. Where ZV terminates the Employee’s employment, ZV must at the Employee’s request, provide a written statement of the reasons for dismissal. 41. Rights Not Limited This clause does not limit the rights of Employees to pursue any other legal remedy in respect of termination of employment. PART 4 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK 42. Hours of Work 42.1. The ordinary hours of work for each Employee, except for casual or part-time Employees, will average 76 hours per fortnight (exclusive of meal breaks), to be worked over an average of no more than 10 days per fortnight. 42.2. Hours of Work - Flexibility 42.2.1. An Employee has the right to request flexibility in their hours of work. ZV may not unreasonably refuse any request for flexibility. 42.2.2. Hours of work flexibility may include the working of regular longer daily hours in order to provide for a regular day away from work, or the working of temporary longer daily hours to provide for an irregular day away from work. 42.2.3. Employees may also seek to modify their working arrangements on a limited or ad hoc basis. Subject to agreement with their manager, a full-time Employee shall average 152 ordinary hours over each consecutive 28 day period (pro rata for part-time Employees). Time credits may be carried over for one 28 day period; time debits must not exceed 7 hours 36 minutes per 28 day period and must be re-credited in the following 28 day period. 43. Spread of Hours 43.1. The spread of hours during which ordinary time may be worked is between 6:00am and 6:00pm. From 1 November to 31 March, and for major events, the spread of hours shall be 6.00am to 8.00pm. Major events are those which are specifically planned to attract more visitors than would otherwise normally be expected at that property and will require the availability of additional staff, they include one-off and annual recurring events. 43.2. Full-time and part-time Employees have the right to refuse to work ordinary hours after 6.00 pm. 43.3. The parties will monitor implementation of this clause. ZV will provide the Consultative Committee with reports on all hours worked after 6.00pm and will identify which hours attract shift allowance, or overtime payments. 43.4. An Employee’s spread of hours may be varied by individual agreement. 43.5. Where Employees are rostered for an evening function, ZV will seek to avoid rostering split shifts. An Employee cannot be required to work a split shift, but may do so by individual agreement.15 | P a g e Zoos Victoria Salaried Staff Agreement 2022 43.6. This clause shall not apply to Employees classified at Band 6 or higher. 44. Rostering Arrangements 44.1. A rosters specifies the days and hours that an Employee is engaged to work. This clause does not refer to the allocation of duties during a rostered shift. 44.2. The establishment of any new rosters for existing full-time and part-time Employees employed on seven-day rosters may occur after consultation and agreement between the majority of staff concerned and their supervisors, taking into account both the business needs of the ZV and the personal requirements of Employees. 44.3. All work that is regularly rostered will be arranged on either a full-time or part-time basis by agreement as necessary to meet the business needs of the ZV. 44.4. ZV will, where practicable, distribute fairly all rostered work, which will be in accordance with operational requirements 44.5. Notification of rosters will be provided two weeks in advance but will be provided four weeks in advance for the Christmas/New Year period. 44.6. Rostered work may be altered my mutual agreement to accommodate special needs. 44.7. When changes to rosters are proposed, applications to work the new roster will be sought from affected Employees, with the final choice being decided on merit. If there are insufficient volunteer Employees for any of the proposed roster changes, then the following guidelines will be adhered to before altering the existing rostering arrangements for any Employees: 44.7.1. The Employees concerned must be given 14 days’ notice of the proposed changes or by mutual agreement between ZV and the Employee. 44.7.2. If exceptional circumstances prevent such notice being given, the ZV will give notice as soon as possible after the decision to change the roster is made. 44.8. This clause shall not apply to Employees classified at Band 6 or higher. 45. Minimum Hours Off Work between Full Time Shifts 45.1. An Employee will have a minimum of 10 hours off work from the time of finishing his or her ordinary full-time shift and the time of the commencement of his or her next ordinary shift. This provision will not apply where the Employee is rostered for call-out. 45.2. Where an Employee has not had a minimum of 10 hours off duty as prescribed by this clause, overtime payments will apply for all hours worked until the Employee has had the 10 our break. 46. Overtime 46.1. Employees classified at Band 6 or above and only applies to part-time staff required to work outside the span of hours. Part-time staff should refer to Clause 29 - Additional Hours Part-Time Staff regarding the working of additional hours. 46.2. Overtime means the hours worked, at the direction of ZV, which are additional to an Employee’s ordinary hours of work or outside the span of hours on any day established in accordance with Clause 43 - Spread of Hours of this agreement. This clause should also be read in conjunction with Clause 42.2 – Hours of Work – Flexibility. 46.3. All overtime worked must have the approval of the Employee’s manager. 46.4. Where overtime needs to be worked, Employees will be given reasonable notice where practicable. 46.5. ZV shall use its best endeavours to organise work so that overtime work is not a regular occurrence but may require an Employee to work overtime where: 46.5.1. Such work is unavoidable because of work demands. 46.5.2. Reasonable notice of the requirement to work overtime is given by ZV. 46.6. An Employee may refuse to work overtime in circumstances where the working of such overtime would result in the Employee working hours which are unreasonable having regard to any risk to the Employee’s health and safety; the Employee’s personal circumstances including family responsibilities; the needs of the workplace; the notice (if any) given by ZV of the overtime and by the Employee of his or her intention to refuse it; and any other relevant matter. 46.7. Payment for Overtime 46.7.1. Overtime penalty payments are applied to the Unloaded Rate of pay. 46.7.2. Five-day roster Employees – time and a half for the first two hours and double time thereafter, except on Sundays when all overtime is paid at double time. 46.7.3. Seven-day roster and job share Employees – time and a half for the first two hours and double time thereafter for all overtime irrespective of the day of the week.16 | P a g e Zoos Victoria Salaried Staff Agreement 2022 47. Time in Lieu 47.1. An Employee, other than an Employee classified at Band 6 or above, who is requested to work overtime must be either: 47.1.1. Paid for overtime work in accordance with the rates established in this agreement; or 47.1.2. Permitted where practicable to take time off in lieu of payment (“time in lieu”) which will accrue on the following basis: 47.1.2.1. Five-day roster Employees – time and a half for the first two hours and double time thereafter, except on Sundays when all overtime is paid at double time. 47.1.2.2. Seven-day roster and job share Employees – time and a half for the first two hours and double time thereafter for all overtime irrespective of the day of the week. 47.2. At the time that overtime is offered, the Employee may elect to take the overtime paid or time in lieu. 47.3. Time in lieu is to be taken at a time of mutual agreement. ZV will endeavour to permit the Employee to take time in lieu at a time of the Employee’s choosing, where practicable in terms of business requirement 47.4. Time in lieu may accumulate to a maximum of 38 hours. Any Employee who has accumulated 38 hours of time in lieu must be paid overtime for any additional overtime hours worked. 47.5. Any accrued time in lieu in excess of 38 hours will be paid out in the next pay period to when the additional amount has accrued. 47.6. Upon termination for any reason, the Employee will be paid out any time in lieu accrued to his or her credit as if it were time worked. 47.7. An Employee classified at Band 6 or above who is requested to work hours in excess of his or her ordinary hours may apply to take time off in lieu which will accrue on an hour for hour basis, irrespective of when the work is performed. 48. Childcare Where Employees are required by ZV to work outside their ordinary hours of work and where less than 24 hours’ notice of the requirement to perform such overtime work has been given by ZV, the Employee will be reimbursed for reasonable childcare expenses incurred. Evidence of expenditure incurred by the Employee must be provided to ZV as soon as possible after the working of such overtime. 49. Breaks 49.1. Employees shall be entitled to take such breaks during the working day as are needed for rest, health and safety. 49.2. Unpaid Meal Breaks 49.2.1. Employees are entitled to an unpaid meal break of at least 30 minutes at or before the expiration of 5 hours work. 49.2.2. Meals breaks are to be taken at times that best suit the work in hand and as agreed between the Employee and her/his supervisor 49.2.3. Other than in an emergency, if an Employee is directed to work during their scheduled lunch break they shall be paid overtime at the rate of time and one half of the ordinary hourly rate until the meal break starts. 49.3. Paid Breaks 49.3.1. Employees who are rostered to work 5 hours or less in one shift are entitled to one paid break of 15 minutes. 49.3.2. Employees who are rostered to work more than 5 hours in one shift are entitled to two paid breaks of 15 minutes. 49.3.3. Paid breaks are to be taken at times that best suit the work in hand and by agreement. 50. Higher Duties 50.1. Employees required to perform duties at a higher classification and required to conduct such higher duties for 5 days or more, will be paid on the basis as set out below: 50.1.1. If the position being replaced is paid at a rate in a higher band, payment will be at the entry point of that band. 50.1.2. If the position being replaced is paid at a rate in the same band, payment will be at the rate paid to the Employee being replaced. 50.1.3. If the position being replaced is that of a Director during short periods of absence an allowance of 10% of the replacing Employee’s salary will be paid. Where an Employee is required to act as Director and carry the full responsibilities of the position in vacancy or long term absence periods, a higher rate of allowance may be determined by the CEO. 50.1.4. If higher duties circumstances arise, whereby the Employee’s current salary is higher than the job classification within which he/she is temporarily performing the higher duties, then an allowance of 10% of replacing Employee’s salary will be paid. 50.1.5. Where it is agreed that the Employee is not required to perform the full range of duties of the higher position, and the duties not required have been identified in the position, and the duties not required have been identified in the position description, a proportion of the higher duties shall be paid which will be at 50% or 75%, as appropriate, depending on the nature of duties still to be performed.17 | P a g e Zoos Victoria Salaried Staff Agreement 2022 50.1.6. It is generally expected that Employees acting in supervisory positions will be required to perform the full range of duties, whilst Employees acting in more senior positions are less likely to do so unless the period of higher duties extends for a number of weeks, or months. 51. Officer in Charge 51.1. An Employee whose position is classified below Bands 6 to 7 shall be entitled to a daily allowance as prescribed in Appendix B – Schedule of Allowances where that Employee is required to carry the responsibilities of Officer in Charge. 51.2. Employees below Band 6 & 7 are entitled to receive Time in Lieu when additional hours worked across; 51.2.1. Monday to Friday – In addition to the OIC allowance, employee can receive TIL on an hour for hour basis for the hours in addition to their normal shift from Monday to Friday. 51.2.2. Weekends and outside of the spread of hours as per clause 43 Spread of Hours –In addition to the OIC allowance employee can receive TIL at the rate of time and half for the first two hours and double time thereafter for the hours in addition to their normal shift as per clause 46.7 – Payment for Overtime. 51.2.3. Public holidays – In addition to the OIC allowance, employee can receive payment of time and a half plus a day’s TIL, provided the day is taken within 12 months. 51.3. Employees within Band 6 & 7 are entitled to receive Time in Lieu on an hour for hour basis for all hours in addition to their normal hours irrespective of the day of the week. 52. Promotion, Transfer and Relocation 52.1. Where ZV determines that a position may be filled by promotion or transfer, the position will be advertised throughout the ZV workforce for a minimum of five working days before applications close. 52.2. Any Employee may apply for appointment by way of transfer or promotion to the advertised position. 52.3. Advertisements must include the position's title and position description. 52.4. All candidates will be advised of the outcome of their application. 52.5. The operation of this clause is subject to Clause 58 - Settlement of Disputes and Grievances. 53. Permanent Relocation of Usual Place of Work 53.1. An Employee who is required by ZV to travel to a new work location as a result of transfer or redeployment will be paid a once only allowance in compensation for all disturbance factors arising from transfer or redeployment not otherwise provided for in this Agreement. 53.2. The payment will be as follows: Details of allowance Effective from 03/10/2022 Increase 2% 10kms and /= 30 kms or 30 minutes $1,533 For each additional 30 kms or 30 minutes $1,533 53.3. No allowance will be paid where the total additional distance to be travelled is ten kilometres or under. 54. Residential Relocation Principles 54.1. Where ZV considers that it is reasonable and necessary for an Employee to move residence as a result of permanent relocation from one work location to another, and the relocation arises because of a ZV direction, the Employee will be entitled to: 54.1.1. Up to three days’ paid leave associated with the relocation; and 54.1.2. Reimbursement of reasonable expenses associated with the relocation including expenses associated with removal, storage and insurance of household goods.18 | P a g e Zoos Victoria Salaried Staff Agreement 2022 55. Secondment 55.1. External Secondment 55.1.1. Where an Employee is seconded, by agreement, to a position outside ZV's workforce, that Employee remains an Employee of ZV and the period of secondment counts as continuous service for all purposes. 55.1.2. A period of secondment shall be no longer than twelve months although this period may be extended by agreement between ZV and the Employee. 55.2. Internal Secondment 55.2.1. Where an Employee is seconded by agreement to another position within ZV’s workforce, the period of secondment shall be for no longer than twelve months, although this period may be extended by mutual agreement between ZV and the Employee. The conditions relating to an individual’s secondment must be in writing. 55.2.2. Where the organization specifically requests an Employee to take up a position at another site a travel allowance will be given, or transport arrangement will be made, to cover the extra distance travelled. 55.2.3. At the completion of the secondment, the Employee is entitled to return to the position held immediately before the secondment. 56. On-Call 56.1. ZV may, by agreement, roster an Employee to be on on-call outside the ordinary hours of duty of the Employee to perform work away from their usual place or places of work. 56.2. The Employee may also be required to be recalled to their usual place or places of work. 56.3. ZV must pay an allowance for on-call duty as described in Appendix B – Schedule of Allowances. 57. Recall to Duty 57.1. Any Employee who has left the place of employment and is recalled to duty shall be paid a sum equivalent to two (2) hours at double time, and be paid in addition double time for all time worked with a minimum period of 2 hours to be worked i.e. a minimum payment of 4 hours at double time. 57.2. Employees at Band 6 or above will be paid at ordinary rates, or may accrue time in lieu on an hour for hour basis, for any time worked when they are recalled to duty. PART 5 - AGREEMENT & RELATED MATTERS 58. Settlement of Disputes & Grievances 58.1. Unless otherwise provided for in this Agreement, a dispute or grievance about a matter arising under this Agreement or the National Employment Standards, or any other matter, other than termination of employment, must be dealt with in accordance with this clause. This includes a dispute or grievance about whether ZV had reasonable grounds to refuse a request for flexible working conditions or an application to extend unpaid parental leave. 58.2. This clause does not apply to any dispute on a matter or matters arising in the course of bargaining in relation to a proposed workplace agreement. 58.3. ZV or an Employee covered by this agreement may choose to be represented at any stage by a representative, including a Union representative or employer’s organisation. 58.4. Obligations 58.4.1. The parties to the dispute or grievance, and their representatives, must genuinely attempt to resolve the dispute or grievance through the processes set out in this clause and must cooperate to ensure that these processes are carried out expeditiously. 58.4.2. Whilst a dispute or grievance is being dealt with in accordance with this clause, work must continue in accordance with usual practice, provided that this does not apply to an Employee who has a reasonable concern about an imminent risk to his or her health or safety, has advised the manager of this concern and has not unreasonably failed to comply with a direction by ZV to perform other available work that is safe and appropriate for the Employee to perform. 58.4.3. No person covered by the agreement will be prejudiced as to the final settlement of the dispute or grievance by the continuance of work in accordance with this clause. 58.5. Agreement and Dispute Settlement Facilitation 58.5.1. For the purposes of compliance with this Agreement (including compliance with this dispute settlement procedure) where the chosen Employee representative is another Employee of ZV he/she must be released by ZV from normal duties for such periods of time as may be reasonably necessary to enable her/him to represent Employees concerning matters pertaining to the employment relationship including but not limited to: 58.5.1.1. Investigating the circumstances of a dispute or an alleged breach of this Agreement or the National Employment Standards. 58.5.1.2. Endeavouring to resolve a dispute arising out of the operation of the agreement or the National Employment Standards.19 | P a g e Zoos Victoria Salaried Staff Agreement 2022 58.5.1.3. Participating in conciliation, arbitration or any other agreed alternative dispute resolution process. 58.5.2. The release from normal duties referred to in this clause is subject to the proviso that it does not unduly affect the operations of ZV. 58.6. Discussion of Grievance or Dispute 58.6.1. The dispute or grievance must first be discussed by the aggrieved Employee(s) with the immediate supervisor of the Employee(s). 58.6.2. If the matter is not settled, the Employee(s) or ZV can require that the matter be discussed with another representative of ZV appointed for the purposes of this procedure. 58.7. Internal Process 58.7.1. ZV’s representative must ensure that the process: 58.7.1.1. is consistent with the rules of natural justice; 58.7.1.2. provides for mediation or conciliation of the dispute; 58.7.1.3. provides that ZV will take into consideration any views on who should conduct the review; and 58.7.1.4. is conducted with as little formality as a proper consideration of the dispute allows. 58.7.2. If the dispute or grievance is not settled through an internal dispute or grievance resolution process, the matter can be dealt with in accordance with the processes set out below. 58.7.3. If the matter is not settled, either party may refer the matter to Fair Work Australia for conciliation. 58.8. Disputes of a Collective Character 58.8.1. The parties covered by the agreement acknowledge that disputes of a collective character concerning more than one Employee may be dealt with more expeditiously by an early reference to FWC. 58.8.2. No dispute of a collective character may be referred to FWC directly unless there has been a genuine attempt to resolve the dispute at the workplace level prior to it being referred to FWC. 58.9. Conciliation 58.9.1. Where a dispute or grievance is referred, a member of FWC shall do everything that appears to the member to be right and proper to assist the parties to the dispute to agree on terms for the settlement of the dispute or grievance. 58.9.2. This may include arranging: 58.9.2.1. Conferences of the parties to the dispute or their representatives presided over by the member. 58.9.2.2. For the parties to the dispute or their representatives to confer among themselves at conferences at which the member is not present. 58.9.3. Conciliation before FWC shall be regarded as completed when: 58.9.3.1. The parties to the dispute have reached agreement on the settlement of the grievance or dispute. 58.9.3.2. The member of FWC conducting the conciliation has, either of their own motion or after an application by either party, satisfied themselves that there is no likelihood that within a reasonable period, further conciliation will result in a settlement. 58.9.3.3. The parties to the dispute have informed the FWC member that there is no likelihood of agreement on the settlement of the grievance or dispute and the member does not have substantial reason to refuse to regard the conciliation proceedings as completed. 58.10. Arbitration 58.10.1. If the dispute or grievance has not been settled when conciliation has been completed, either party may request that FWC proceed to determine the dispute or grievance by arbitration. 58.10.2. Where a member of FWC has exercised conciliation powers in relation to the dispute or grievance, the member shall not exercise, or take part in the exercise of, arbitration powers in relation to the dispute or grievance if a party objects to the member doing so. 58.10.3. Subject to Clause 58.10.4 below, the determination of FWC is binding upon the persons covered by this agreement. 58.10.4. An appeal lies to a Full Bench of FWC, with the leave of the Full Bench, against a determination of a single member of FWC made pursuant to this clause. 58.11. Conduct of Matters Before FWC 58.11.1. Subject to any agreement between the parties to the dispute in relation to a particular dispute or grievance and the provisions of this clause, in dealing with a dispute or grievance through conciliation or arbitration, FWC may conduct the matter in accordance with Subdivision B of Division 3 of Part 5-1 of the Fair Work Act 2009.20 | P a g e Zoos Victoria Salaried Staff Agreement 2022 59. Implementation of Change 59.1. Where ZV has developed a proposal for major change likely to have a significant effect on Employees, such as a restructure of the workplace, the introduction of new technology or changes to existing work practices of Employees, ZV will advise the affected Employees, the relevant Union covered by this Agreement, and any other representative nominated by a relevant Employee of the proposed change as soon as practicable after the proposal has been made. 59.2. ZV will advise in writing the relevant Employees, the relevant Union covered by this Agreement, and any other representative nominated by a relevant employee of the proposed change as soon as practicable after the proposal has been made and the likely effects on the Employees’ working conditions and responsibilities. ZV will advise of the rationale and intended benefits of any change, including improvements to productivity, if applicable. 59.3. Relevant employees means the Employees who may be affected by a change referred to in clause 59.4. 59.4. For the purpose of this clause, a major change is likely to have a significant effect on Employees if it results in: 59.4.1. the termination of the employment of Employees; 59.4.2. major change to the composition, operation or size of ZV’s workforce or to the skills required of Employees; 59.4.3. the elimination or diminution of job opportunities (including opportunities for promotion or tenure); 59.4.4. the alteration of hours of work; 59.4.5. the need to retrain Employees; 59.4.6. the need to relocate Employees to another workplace; 59.4.7. the restructuring of jobs 59.5. ZV will regularly consult with affected Employees and the Union and give prompt consideration to matters raised by the Employees, the Union and any other representative nominated by a relevant employee, give prompt consideration to matters raised by the Employees, the relevant Union covered by this Agreement and any other representative nominated by a relevant Employee and where appropriate provide training for the Employees to assist them to integrate successfully into the new structure. 59.6. In accordance with this clause, the affected Employees, the relevant Union covered by this Agreement and any other representative nominated by a relevant Employee may submit alternative proposals which will meet the indicated rationale and benefits of the proposal. Such alternative proposals must be submitted in a timely manner so as not to lead to an unreasonable delay in the introduction of any contemplated change. If such a proposal is made ZV must give considered reasons to the affected Employees, the Union covered by this agreement, and any other representative nominated by a relevant Employee if it does not accept the proposals. 59.7. Indicative reasonable timeframes are as follows: Step in process Number of working days in which to perform each step ZV advises Employees, relevant Union covered by this Agreement, and any other representative nominated by a relevant employee Response from Employees, the relevant Union covered by this Agreement, and any other representative nominated by a relevant employee 5 days following receipt of written advice from ZV Meeting convened (if requested) 5 days following request for meeting Further ZV response (if relevant) 5 days following meeting Alternative proposal from Employees, relevant Union covered by this Agreement, and any other representative nominated by a relevant employee (if applicable) 10 days following receipt of ZV response ZV response to any alternative proposal 10 days following receipt of alternative proposal21 | P a g e Zoos Victoria Salaried Staff Agreement 2022 59.8. Any dispute concerning the Parties’ obligations under this clause shall be dealt with in accordance with Clause 58 - Settlement of Disputes and Grievances. 59.9. Change to Regular Roster or Ordinary Hours of Work 59.9.1. Where ZV proposes to introduce a change to the regular roster or ordinary hours of work of Employees ZV must notify the relevant Employees of the proposed change. 59.9.2. The relevant Employees may appoint a representative for the purposes of the procedures in this term. 59.9.3. If an Employee(s) affected by the proposed change appoints a representative for the purposes of consultation; and the Employee(s) advises ZV of the identity of the representative, ZV must recognise the representative. 59.9.4. As soon as practicable after proposing to introduce the change, ZV must: 59.9.4.1. discuss with the relevant Employees the introduction of the change; and 59.9.4.2. for the purposes of the discussion - provide to the relevant Employees: • all relevant information about the change, including the nature of the change; and • information about what ZV reasonably believes will be the effects of the change on the employees; and • information about any other matters that ZV reasonably believes are likely to affect the employees; and 59.9.4.3. invite the relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 59.9.5. However ZV is not required to disclose confidential or commercially sensitive information to the relevant employees. 59.9.6. ZV must give prompt and genuine consideration to matters raised about the change by the relevant employees. 59.9.7. ZV must display a roster for shift workers in a convenient area fourteen days prior to the effective date. 59.9.8. The employer may change the Shift Work roster without written notice, if the Employer is of the reasonable opinion that an emergency exists. 59.9.9. A shift Worker may request ZV approve a change to rostered Shift Work times by giving to ZV 48 hours’ written notice of the proposed change. 60. Consultative Committee The parties are committed to improving communication and consultative processes within ZV. ZV and the CPSU will give effect to this commitment by establishing a joint ZV/CPSU Consultative Committee which will meet at least quarterly to review the effective operation of this agreement. 61. Workload 61.1. ZV acknowledges the benefits to both the organisation and individual Employee gained through Employees having a balance between both their professional and family life. 61.2. ZV further recognises that the allocation of work must include consideration of the Employee’s hours of work, health, safety and welfare. Work will be allocated so that there is not an allocation that routinely requires work to be undertaken beyond an Employee’s ordinary hours of work. However, ZV may require an Employee to work overtime where: 61.2.1. Such work is unavoidable because of work demands and reasonable notice of the requirement to work overtime is given by ZV. 61.2.2. Where, due to an emergency, it has not been possible to provide reasonable notice. 61.3. When an Employee is required by ZV to work overtime the Employee must be compensated in accordance with the appropriate overtime clause where the Employee is covered by the provisions of such a clause. 61.4. Where an individual or group of individuals believe that there is an unreasonable allocation of work leading to staff being overloaded with work, the individual or group of individuals concerned can seek to have the allocation reviewed by ZV to address the staff concerns. 61.5. Other than in an emergency, if reasonable notice of the requirement to perform overtime work has not been given by ZV, an Employee may refuse overtime work where this would impose personal or family hardship or interfere with the Employee’s personal commitments. 62. Management of Unsatisfactory Work Performance 62.1. Meaning of Unsatisfactory Work Performance 62.1.1. An Employee’s work performance is unsatisfactory if the Employee fails to satisfactorily perform their assigned duties to the required standards or expectations of their job or if the employee fails to behave in the way described in the ZV and/or Victorian Public Service Code of Conduct.22 | P a g e Zoos Victoria Salaried Staff Agreement 2022 62.1.2. Performance standards must be relevant to the employee’s job and must be fair and reasonable. 62.2. The purpose of this clause is to: 62.2.1. Support Employees with unsatisfactory work performance to improve their performance to the required standard; 62.2.2. Ensure that unsatisfactory work performance is addressed expeditiously; 62.2.3. Ensure that Employees are treated fairly and reasonably; and 62.2.4. Provide a fair and transparent framework for action to be taken where an Employee continues to perform below ZV’s expected standard. Application subject to applicable Victorian and federal legislation, action taken by ZV in relation to unsatisfactory work performance will be consistent with this clause. 62.2.5. This clause applies to all Employees except casual Employees and Employees subject to a probationary period of employment. 62.3. Referred Unsatisfactory Work Performance Matters 62.3.1. ZV may at any time elect, where there is reasonable cause, to manage the Employee’s work performance in accordance with this clause. 62.4. Procedural Fairness to Apply 62.4.1. The process for managing unsatisfactory work performance will be consistent with the principles of procedural fairness. 62.4.2. All parties involved in the process will commit to completing it as quickly as practicable. 62.4.3. Before commencing formal unsatisfactory work performance processes, the manager must: 62.4.3.1. tell the Employee the purpose of the meeting with reasonable notice; 62.4.3.2. advise the Employee of the unsatisfactory work performance; 62.4.3.3. provide the Employee with a copy of the formal unsatisfactory work performance process to be followed as outlined in Clause 62 herein; 62.4.3.4. provide a reasonable opportunity for the Employee to seek advice from the Union, or a representative of their choice, before the unsatisfactory work performance process commences; and 62.4.3.5. allow the Employee the opportunity to provide details of any mitigating circumstances, which must be given due consideration. 62.4.4. The Employee may elect to respond either verbally or in writing at any step or stage of the process. 62.4.5. ZV must take into account any reasonable explanation of any failure by the Employee to participate before making a decision under this Clause 62. 62.5. Employee Representation 62.5.1. An Employee is entitled to be represented by a person of their choice (including a Union representative) at any stage of the formal review meetings of the Unsatisfactory Work Performance Management Process. Under this clause, neither party may be represented by a lawyer. 62.6. Prior to Commencing Process 62.6.1. ZV must: 62.6.1.1. consider organisational or personal factors that play a role in the Employee’s unsatisfactory work performance and consider alternatives to the unsatisfactory work performance process to address the problem; and 62.6.1.2. have a reasonable expectation that the Employee is capable of meeting the required level of performance. Where ZV and the Employee agree that the Employee is not capable of meeting the required level of performance the Employer may transfer the Employee to a suitable alternative position where reasonably practicable. 62.6.1.3. The Employer must make reasonable informal attempts to address an Employee’s unsatisfactory work performance. 62.7. Commencing the Formal Unsatisfactory Work Performance Process 62.7.1. Where the manager considers that informal attempts to address an Employee’s unsatisfactory work performance have been unsuccessful, the manager may proceed to formally manage the Employee’s unsatisfactory work performance in accordance with, but not limited to, all or some of the following measures: 62.7.1.1. increased supervision; 62.7.1.2. changes to the Employee’s performance plan. The performance plan will outline performance expectations, agreed performance indicators, timeframes, required outcomes and the support provided to assist the employee ; 62.7.1.3. mentoring; 62.7.1.4. training and professional development; 62.7.1.5. increased feedback; and23 | P a g e Zoos Victoria Salaried Staff Agreement 2022 62.7.1.6. coaching. 62.8. First Stage – Formal Counselling 62.8.1. The first stage of formal management of unsatisfactory work performance is formal counselling of the Employee. 62.8.2. The manager must: 62.8.2.1. advise the Employee of the unsatisfactory work performance which includes how the Employee is not meeting the standard and confirm the commencement of the formal counselling stage; 62.8.2.2. outline the standard required of the Employee; 62.8.2.3. provide examples that supports the decision to issue formal counselling; 62.8.2.4. provide the Employee with an opportunity to respond within a reasonable timeframe; and 62.8.2.5. provide the Employee with an opportunity to improve within a reasonable timeframe. 62.8.3. The Employee will be advised of the consequences of not improving their performance within a reasonable period of time and of engaging in any further unsatisfactory work performance. 62.8.4. A record of the formal counselling session will be placed on the Employee’s personnel file. 62.8.5. If the manager determines that the Employee has met the required standard of performance during the reasonable timeframe referred to in Clause 62.8.2.5 the manager will notify the Employee that: 62.8.5.1. the formal unsatisfactory work performance process has been completed; and 62.8.5.2. no further action will be taken by the manager unless the Employee engages in continued or repeated unsatisfactory work performance, in which case the formal unsatisfactory work performance process may continue to the next stage. 62.8.6. A copy of this notification will be placed on the Employee’s personnel file. 62.9. Second Stage – Formal Written Warning 62.9.1. The Employee will be given a formal written warning by ZV, if: 62.9.1.1. the Employee’s performance has not improved within the reasonable period following formal counselling in accordance with Clause 62.8 – First Stage Formal Counselling and/or 62.9.1.2. the Employee engages in further unsatisfactory work performance. 62.9.2. The manager must: 62.9.2.1. Advise the Employee of the unsatisfactory work performance which includes how the Employee is not meeting the standard 62.9.2.2. outline the standard required of the Employee; and 62.9.2.3. provide examples that supports the decision to issue a formal written warning 62.9.2.4. provide the Employee with an opportunity to respond within a reasonable timeframe; and 62.9.2.5. provide the Employee with an opportunity to improve within a reasonable timeframe. 62.9.3. The formal written warning must indicate: 62.9.3.1. the standard expected of the Employee; 62.9.3.2. where and how the Employee is not meeting this standard; and 62.9.3.3. the consequences if the Employee fails to improve their performance including that continued or repeated unsatisfactory work performance may result in termination of the Employee’s employment. 62.9.4. The written warning will be placed on the Employee’s personnel file for 12 months. 62.9.5. If the manager determines that the Employee has met the required standard of performance during the reasonable timeframe, the manager will notify the Employee that: 62.9.5.1. the formal unsatisfactory work performance process has been completed; and 62.9.5.2. no further action will be taken by the manager unless the Employee engages in continued or repeated unsatisfactory work performance, in which case the formal unsatisfactory work performance process may continue to the next stage. 62.9.6. A copy of this notification will be placed on the Employee’s personnel file. 62.10. Third Stage – Final Warning 62.10.1. The Employee will be given a final written warning by ZV if: 62.10.1.1. the Employee’s performance has not improved within the reasonable time period following receipt of a formal written warning in accordance with Clause 62.9 – Second Stage Formal Written Warning; and/or 62.10.1.2. the Employee engages in further unsatisfactory work performance. 62.10.2. The manager must: 62.10.2.1. advise the Employee of the unsatisfactory work performance which includes how the Employee is not meeting the standard24 | P a g e Zoos Victoria Salaried Staff Agreement 2022 62.10.2.2. outline the standard required of the Employee; and 62.10.2.3. provide examples that supports the decision to issue a final written warning 62.10.2.4. provide the Employee with an opportunity to respond within a reasonable timeframe; and 62.10.2.5. provide the Employee with an opportunity to improve within a reasonable timeframe. 62.10.3. The formal written warning must indicate: 62.10.3.1. the standard expected of the Employee; 62.10.3.2. where and how the Employee is not meeting this standard; and 62.10.3.3. the consequences if the Employee fails to improve their performance including that continued or repeated unsatisfactory work performance may result in termination of the Employee’s employment. 62.10.4. The final written warning will be placed on the Employee’s personnel file for 12 months. 62.10.5. If the manager determines that the Employee has met the required standard of performance during the reasonable timeframe, the manager will notify the Employee that: 62.10.5.1. the formal unsatisfactory work performance process has been completed; and no further action will be taken by the manager unless the Employee engages in continued or repeated unsatisfactory work performance, in which case the formal unsatisfactory work performance process may continue to the next stage. 62.10.6. A copy of this notification will be placed on the Employee’s personnel file. 62.11. Determination of Unsatisfactory Work Performance Outcome 62.11.1. In the event that the Employee’s performance has not improved within the reasonable time period following the process set out in Clause 62.10 and on receipt by the Employee of the final written warning in accordance with Clause 62.10.3, ZV will advise the Employee of the Employee’s continued or repeated unsatisfactory work performance and provide the Employee with a reasonable opportunity to respond. 62.11.2. After considering the Employee’s performance and response including any failure to respond in accordance with Clause 62.11.1, ZV will determine the unsatisfactory work performance outcome that is to apply to the Employee. 62.11.3. The possible outcomes are: 62.11.3.1. Assignment of the Employee with or without their agreement to a role at a classification level lower than the Employee’s current classification level; or 62.11.3.2. Termination of the Employee’s employment. 62.11.4. ZV will advise the Employee of the unsatisfactory work performance outcome in writing and a copy will be placed on the Employee’s personnel file. 62.12. Disputes 62.12.1. Any dispute arising under this clause may only be dealt with in accordance with Clause 58 – Settlement of Disputes and Grievances when any of the following are placed on the Employee’s personnel file in accordance with this clause (this may include whether Clause 62.4 – Procedural Fairness has been complied with in ZV coming to a decision): 62.12.1.1. a record of formal counselling; 62.12.1.2. a formal written warning; 62.12.1.3. a final written warning; 62.12.1.4. a notification given to the Employee pursuant to Clauses 62.8, 62.9, or 62.10; or 62.12.1.5. a record of unsatisfactory work performance outcome. 63. Management of Misconduct 63.1. The purpose of this clause is to: 63.1.1. establish procedures for managing misconduct or alleged misconduct of an Employee; 63.1.2. provide for Employee alleged misconduct to be investigated and addressed expeditiously and with minimal disruption to the workplace; 63.1.3. ensure that Employees are treated fairly and reasonably; and 63.1.4. manage the Employee’s performance in accordance with this Clause 63 – Management of Misconduct instead of Clause 62 – Management of Unsatisfactory Work Performance if ZV determines that it would be more appropriate. 63.2. Meaning of Misconduct 63.2.1. For the purposes of this clause, misconduct includes: 63.2.1.1. a contravention of a provision of the Public Administration Act 2004 (Vic), the regulations to that Act, a binding code of conduct, or a provision of any statute or regulation that applies to the Employee in the Employee’s employment;25 | P a g e Zoos Victoria Salaried Staff Agreement 2022 63.2.1.2. improper conduct in an official capacity; 63.2.1.3. a contravention, without reasonable excuse, of a lawful direction given to the Employee as an Employee by a person authorised to give that direction; 63.2.1.4. an Employee making improper use of his or her position for personal gain; or 63.2.1.5. an Employee making improper use of information acquired by him or her by virtue of his or her position to gain personally, or for anyone else, financial or other benefits or to cause detriment to ZV. 63.3. Application 63.3.1. Subject to applicable Victorian and federal legislation, action taken by ZV in relation to misconduct will be consistent with this clause. 63.3.2. This clause applies to all Employees except casual Employees and Employees subject to a probationary period of employment. 63.4. Referred Matters under Clause 62 – Management of Unsatisfactory Work Performance 63.4.1. Any matters that have arisen under the Management of Unsatisfactory Work Performance process in Clause 62 may be considered in the misconduct process pursuant to this clause. 63.5. Employee Representation 63.5.1. An Employee is entitled to be represented by a person of their choice (including a Union representative) at any stage of the misconduct process. Under this clause, neither party may be represented by a lawyer. 63.6. Procedural Fairness to Apply The Employee must be accorded procedural fairness and natural justice at all stages and steps of the misconduct process, including but not limited to; 63.6.1. All parties involved in the misconduct process will commit to completing it as quickly as practicable. 63.6.2. Before commencing the formal processes, ZV must: 63.6.2.1. the Employee must be advised of the purpose of any meeting with reasonable notice; 63.6.2.2. provide the Employee with a copy of the formal process to be followed; 63.6.2.3. provide a reasonable opportunity for the Employee to seek advice from the Union or a representative of their choice before the formal process commences; and 63.6.2.4. allow the Employee the opportunity to provide details of any mitigating circumstances. 63.6.3. ZV must take into account any reasonable explanation of any failure by the Employee to participate before making a decision under this Clause 63 – Management of Misconduct. 63.7. Admissions by Employee 63.7.1. The Employee may at any stage elect to admit the alleged misconduct. 63.7.2. If the Employee admits the alleged misconduct, ZV may proceed immediately to the determination of the misconduct outcome stage pursuant to Clause 63.11 – Determination of Discipline Outcome. 63.8. Directions 63.8.1. Where Employee misconduct is alleged, the Employer may do any of the following: 63.8.1.1. make an initial assessment of the alleged misconduct before commencing the formal process to determine if an investigation is required; or 63.8.1.2. determine that it is appropriate to immediately commence an investigation of the alleged misconduct in accordance with Clause 63.10 and/or 63.8.1.3. direct the Employee to proceed immediately to perform alternative duties or work at an alternative place of work; and/or 63.8.1.4. direct the Employee not to speak to other ZV Employees about the matter or not to visit certain places of work; and/or 63.8.1.5. suspend the Employee with pay. 63.8.2. In the event that ZV exercises rights to suspend the Employee, ZV will: 63.8.2.1. review this decision no later than a date which is four weeks after the commencement of the suspension; and 63.8.2.2. confirm whether the suspension is to continue or is no longer necessary. 63.8.3. ZV will continue to review any decision regarding an Employee’s suspension every four weeks thereafter, until the end of the misconduct process in accordance with this Clause 63. 63.9. Investigation of Alleged Misconduct 63.9.1. As soon as practicable after an allegation of misconduct has been made and ZV has determined in accordance with Clause 63.8 - Directions that an investigation is required, ZV will advise the Employee of the alleged misconduct in writing.26 | P a g e Zoos Victoria Salaried Staff Agreement 2022 63.9.2. The written advice will contain the allegation/s of misconduct made about the Employee including evidence such as specific information and/or examples. Relevant information will only be withheld where it is necessary to withhold that information in order to protect the personal privacy of any other person consistent with Federal or State legislation. The investigation will be conducted in good faith and without bias. 63.9.3. ZV will appoint an appropriately trained and independent person to conduct an investigation into the alleged misconduct. Where appropriate, the investigation may be conducted by the Employee’s immediate manager. The appointed person must not have any prior personal involvement in the matter. 63.9.4. ZV will provide the Employee with an opportunity to speak to the investigator if the Employee wishes to do so. The investigation may include: 63.9.4.1. collecting any relevant materials; 63.9.4.2. speaking with the Employee; 63.9.4.3. speaking with any relevant witnesses; 63.9.4.4. providing the Employee with specific particulars to allow the Employee a fair opportunity to properly respond to the alleged ; 63.9.4.5. seeking an explanation from the Employee; and 63.9.4.6. investigating any explanation made by the Employee for the purposes of verifying the explanation so far as possible. 63.9.5. The investigator will consider the evidence, the Employee’s response (and any other material provided by the Employee) and make a finding of fact. In making findings, the investigator will maintain procedural fairness and draw conclusions on the basis of the information collected on the balance of probabilities. 63.9.6. In relation to each allegation of misconduct, the investigator will make findings as to whether: 63.9.6.1. the allegation is substantiated; or 63.9.6.2. the allegation is not substantiated. 63.9.7. Where the investigator makes a finding that an allegation is not substantiated, the misconduct process will conclude in relation to any such allegation and the Employee will be informed accordingly. 63.9.8. Where the investigator makes a finding that the allegation is substantiated, a written copy of the findings will be given to the employee. If ZV reasonably considers that the Employee’s conduct warrants a disciplinary outcome, ZV will notify the Employee of the proposed disciplinary outcome in writing, including the basis of its view.. The discipline outcome must be fair and reasonable and not disproportionate to the seriousness of the matter. 63.10. Opportunity for Response by Employee 63.10.1. As soon as practicable after the investigator has made a finding that any allegation of misconduct is substantiated, the Employee will be provided with the findings of the investigator and the proposed discipline outcome. 63.10.2. The Employee will be given a reasonable time to respond to the findings or the material and the recommended discipline outcome. ZV will give this response due consideration before confirming the disciplinary outcome. Any response must be provided within a reasonable time. 63.11. Determination of Discipline Outcome 63.11.1. ZV will consider: 63.11.1.1. the findings of the investigator; and 63.11.1.2. the recommended discipline outcome; and 63.11.1.3. any response of the Employee (including any admission of misconduct under Clause 63.7 – Admissions by Employee); and 63.11.1.4. any prior disciplinary outcomes, and then determine the discipline outcome that is to apply to the Employee. 63.11.2. The discipline outcome must not be disproportionate to the seriousness of the matter. 63.11.3. The possible discipline outcomes are: 63.11.3.1. no action; 63.11.3.2. performance management; 63.11.3.3. formal counselling; 63.11.3.4. formal warning; 63.11.3.5. final warning;27 | P a g e Zoos Victoria Salaried Staff Agreement 2022 63.11.3.6. assignment of the Employee with or without their agreement to a role at a classification level lower than the Employee’s current classification level; 63.11.3.7. transfer of the Employee with or without their agreement to a different work location at the Employee’s current classification level (which will not preclude the Employee being entitled to payment of any applicable relocation allowance in accordance with Clause 53 – Permanent Relocation of Usual Place of Work; or 63.11.3.8. termination of employment. 63.11.4. ZV will advise the Employee of the discipline outcome in writing and a copy will be placed on the Employee’s personnel file. 63.12. Informing Employee who Raised Allegation of Misconduct If a process was conducted in accordance with this clause because of an allegation of misconduct by another Employee, ZV must advise that Employee that the allegation has been dealt with in accordance with this clause, and may provide the Employee with other information as is reasonably practicable. 63.13. Disputes 63.13.1. Any dispute arising under this clause may be dealt with in accordance with Clause 58 – Settlement of Disputes and Grievances. 63.14. Where alleged misconduct that is the subject of a process in accordance with this Clause 63 is also the subject of a criminal investigation or criminal proceedings, the Employer is not required to delay or cease the management of misconduct process under this clause but the Employer may exercise its discretion to do so. PART 6 – LEAVE 64. Annual Leave 64.1. Entitlement to Leave 64.1.1. Employees, other than casuals, accrue annual leave at the rate of twenty days per annum. The leave accrues progressively during the year. 64.1.2. Employees on seven-day rosters are entitled to 20 days annual leave and then: 64.1.2.1. If such Employees are rostered to work an average of 2 weekend days in each four weeks over a 12month period, they are entitled to a further 3 days annual leave. 64.1.2.2. If such Employees are rostered to work an average of 4 weekend days in each four weeks over a 12 month period, they are entitled to a further 5 days annual leave. 64.1.2.3. If such Employees are rostered to work an average of 2 weekend days in each 3 weeks over a 12 months period, they are entitled to a further 5 days annual leave. 64.2. Broken Service Annual leave accrual shall be suspended for periods where an Employee is absent on leave without pay. All periods of paid leave, including public holidays, shall accrue annual leave. 64.3. Public Holidays and Annual Leave An Employee's annual leave entitlement shall be in addition to any of the public holidays prescribed by this Agreement. 64.4. Leave to be Taken Annual leave as an entitlement is intended to be taken fully each year to provide the Employee with a period of rest and recreation. Therefore, it is the responsibility of both Employee and ZV to ensure this principle is adhered to and that it is taken at a mutually agreed time. Unless otherwise agreed, the Employee may be directed to take annual leave. 64.5. Cashing-out of Annual Leave An Employee with an annual leave balance in excess of two years’ entitlements may apply in writing to cash-out the excess leave or part-thereof. In considering the application, ZV will explore with the applicant whether such leave can be taken in due time. If this is not possible and both ZV and applicant are agreeable, the excess leave may be cashed-out. In these circumstances, an equivalent period of annual leave must be taken. 64.6. Proportionate Leave on Termination Any Employee who leaves the employment of ZV after having given the prescribed period of notice or whose services are terminated (or the Employee's legal representative in the case of the death of the Employee) shall be paid an amount calculated pro-rata as at date of termination. 64.7. Annual Leave Loading 64.7.1. Employees will be paid a loading related to annual leave entitlements of 17.5 per cent on their loaded salary rate to a maximum at the top of Band 5. Employees, whose annual salary exceeds Band 5, will have their annual leave loading calculated at the top of Band 5. Annual Leave Loading will be paid as the annual leave is taken. 64.7.2. Employees on a seven day roster will have any leave loading entitlement as provided in the previous clause discounted by their roster loading.28 | P a g e Zoos Victoria Salaried Staff Agreement 2022 65. Purchased Paid Leave 65.1. Notwithstanding any other provision of this Agreement, an Employee may, with the agreement of ZV, work between 46 weeks and 51 weeks per year. Access to this facility may only be granted on application from an Employee. 65.2. Where ZV and an Employee agree to a reduction in the number of working weeks under this clause, the Employee will qualify for paid leave in addition to annual leave as follows: 46/52 weeks Additional 6 weeks’ leave 47/52 weeks Additional 5 week’s leave 48/52 weeks Additional 4 week’s leave 49/52 weeks Additional 3 week’s leave 50/52 weeks Additional 2 week’s leave 51/52 weeks Additional 1 week’s leave 65.3. Purchased Paid Leave will not qualify for annual leave loading. Purchased leave must be taken within 12 months of its accrual. Rate of salary for the purposes of payment of purchased leave will be based upon accrued value and not current base salary. 65.4. Employees taking advantage of this facility will have their annual base salary reduced by the value of the leave to be taken. 65.5. Accrual of all other leave entitlements will remain unchanged. 65.6. Each application will be dealt with on its merits taking into account operational imperatives. In making application for access to this facility the Employee in consultation with their supervisor will ensure that the workload can be handled by other team members or additional resourcing on the basis of cost neutrality. A fresh application to access this facility must be made each year. 65.7. Unless otherwise agreed by the Employee’s supervisor, Purchased Paid Leave should be taken as a block to provide the optimum opportunity for the Employee to be backfilled during the period of leave taken. Purchased Paid Leave which has not been taken in the relevant year, will be paid out on the anniversary of accessing this facility. 65.8. An Employee may revert to ordinary 52 week employment on the anniversary of accessing this facility by giving ZV no less than four weeks’ written notice. In that event, the annual rate of salary will be increased by the value of the paid leave purchased. 66. Extended Leave Scheme 66.1. At the election of the Employee and with the written agreement of the Employer having taken into consideration reasonable operational requirements, provision may be made for an Employee to receive, over a four year period, 80 per cent of the salary they would otherwise be entitled to receive in accordance with this Agreement. 66.2. On completion of the fourth year, the Employee will be entitled to twelve months leave and will receive an amount equal to 80 per cent of the salary they were entitled to in the fourth year of deferment. 66.3. Where an Employee completes four years of service under this extended leave scheme and is thereby not required to attend duty in the fifth year, the period of non-attendance shall not constitute a break in service and shall count as service for all purposes. 66.4. If the Employer agrees, the Employee may by written notice withdraw from this scheme prior to completing a four year period. The Employee will receive a lump sum payment of salary forgone to that time but will not be entitled to equivalent absence from duty. 67. Personal / Carer’s Leave 67.1. Amount of Paid Personal / Carer’s Leave 67.1.1. An Employee, other than a casual Employee, is entitled to paid Personal / Carer’s Leave when they are absent because of: 67.1.1.1. personal illness or injury; or 67.1.1.2. personal illness or injury of an Employee’s immediate family or household member who requires the Employee's care or support; or 67.1.1.3. an unexpected emergency affecting an Employee’s immediate family or household member. 67.1.2. A full time Employee is entitled to paid Personal / Carer’s leave of 15 days and a part-time Employee is entitled to a pro-rata amount of paid Personal / Carer’s Leave based on the part-time Employee’s hours of work. 67.1.3. Leave will be credited on commencement of employment and subsequently on the anniversary date of the Employee’s employment. 67.1.4. Employees appointed for a fixed-term period will accrue on a pro-rata basis paid Personal / Carer’s Leave according to length of their service. 67.1.5. Leave without pay will not count as service for Personal / Carer’s Leave accrual purposes. 67.1.6. Unused paid Personal / Carer’s Leave accumulates from year to year.29 | P a g e Zoos Victoria Salaried Staff Agreement 2022 67.1.7. Accrued Personal / Carer’s Leave will not be paid out on termination of employment. 67.2. Definition of Immediate Family 67.2.1. In this Clause 67, the term “immediate family” means: 67.2.1.1. a spouse (including a former spouse, a de facto partner and a former de facto partner) of the Employee. A de facto partner means a person who, although not legally married to the Employee, is in a relationship as a couple on a genuine basis (whether the Employee and the person are of the same sex or different sexes); 67.2.1.2. a child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the Employee or the Employee’s spouse or de facto partner. 67.3. Payment for Personal / Carer’s Leave An Employee, other than a casual Employee, who takes paid Personal / Carer’s Leave, is entitled to be paid at his or her ordinary rate of pay for their ordinary hours of work in the period during which the personal/carer’s leave is taken. 67.4. Notice 67.4.1. An Employee must give ZV notice of the taking of Personal / Carer’s Leave under this clause. The notice: 67.4.1.1. must advise ZV of the period, or expected period, of the leave; and 67.4.1.2. must be given to ZV as soon as practicable, which may be a time after the Personal / Carer’s Leave has started. 67.5. Documentary Evidence Requirements – Personal Leave 67.5.1. In the case of Personal Leave, the Employee must provide ZV with a medical certificate from a Registered Practitioner, or a statutory declaration. 67.5.2. For the purposes of this clause, "registered practitioner" means one of the following: Aboriginal and Torres Strait Islander health practitioner, Chinese medicine practitioner, Chiropractor, Dental care practitioner, Medical practitioner, Nurse practitioner, Midwife, Optometrist, Osteopath, Pharmacist, Physiotherapist, Podiatrist or Psychologist. 67.5.3. ZV may require that an Employee provide a further medical certificate from a registered practitioner for any period of personal leave exceeding 13 weeks. 67.5.4. If the number of statutory declarations exceeds 5 in any year ZV may request the Employee to provide reasonable supporting evidence of illness in conjunction with the statutory declaration. 67.5.5. ZV may require that an Employee provide a medical certificate or statutory declaration for any period either side of a public holiday. 67.6. Managing Unplanned Absence 67.6.1. Where ZV has reason to believe that an Employee’s absence is for reasons other than those outlined in Clause 67.1 – Amount of Paid Personal / Carer’s Leave they will notify the Human Resources Department and a representative of the Human Resources Department will: 67.6.1.1. Notify the Employee of concern; and 67.6.1.2. Provide evidence to support the concern; and 67.6.1.3. Ask the Employee to explain their absences. 67.6.2. Where the Employee is unable to provide a reasonable explanation, and where there are no exceptional circumstances, the Employee may be directed to provide a medical certificate for any future absence. 67.6.3. If the Employee believes that their treatment by ZV is unreasonable, they may access Clause 58 - Settlement of Disputes and Grievances. 67.7. Documentary Evidence Requirements - Carer’s Leave 67.7.1. In the case of carer’s leave, the Employee must provide ZV with appropriate documentary evidence. 67.7.2. The form of evidence required by ZV will depend on the circumstances of the carer’s leave request, and may include a medical certificate from a Registered Practitioner or statutory declaration stating the condition of the person concerned and that this condition requires the Employee’s care or support or other relevant documentary evidence. 67.7.3. For the purposes of this clause, "registered practitioner" means one of the following: Aboriginal and Torres Strait Islander health practitioner, Chinese medicine practitioner, Chiropractor, Dental care practitioner, Medical practitioner, Nurse practitioner, Midwife, Optometrist, Osteopath, Pharmacist, Physiotherapist, Podiatrist or Psychologist. 67.8. Exception 67.8.1. An Employee entitled to take Personal / Carer’s Leave for the purposes set out in Clause 67.1 – Amount of Paid Personal / Carer’s Leave may, subject to Clauses 67.8.2 and 67.8.3, take up to an aggregate of 38 hours or equivalent pro-rata amount accrued Personal / Carer’s Leave in each year of employment without having to provide ZV with the documentary evidence required by Clause 67.5 or 67.7. 67.8.2. If the period of absence referred to in Clause 67.8.1 is for a continuous period exceeding 22.8 hours, the Employee must provide appropriate documentary evidence to ZV as set out in Clause 67.5 or 67.7.30 | P a g e Zoos Victoria Salaried Staff Agreement 2022 67.8.3. Despite Clause 67.8.1, the Employee may be required to provide appropriate documentary evidence as required by ZV in accordance with Clause 67.5 or 67.7. 67.9. Failure to Provide Relevant Documentary Evidence Failure by the Employee to provide documentary evidence as required by ZV within a reasonable period of time may render the Employee ineligible for payment for Personal / Carer’s Leave under this clause. 67.10. Absence on Public Holidays 67.10.1. If the period during which an Employee takes paid Personal / Carer’s Leave includes a day or part-day that is a Public Holiday in the place where the Employee is based for work purposes, the Employee is taken not to be on paid Personal / Carer’s Leave on that Public Holiday. 67.10.2. Despite Clause 67.10.1, a Shift Worker credited with substitute leave in accordance with Clause 76.3.2 who is rostered to perform ordinary duty on a Public Holiday and who takes paid Personal / Carer’s Leave on that day or part of that day, will be taken to be on paid personal/carer’s leave. 67.11. Unpaid Personal Leave An Employee who has exhausted all paid Personal / Carer’s Leave entitlements may, with the consent of ZV, take unpaid Personal Leave. ZV will require that the Employee provide documentary evidence to support the unpaid Personal Leave to the satisfaction of ZV. 67.12. Unpaid Carer’s Leave 67.12.1. An Employee who has exhausted all paid Personal / Carer’s Leave entitlements may take unpaid Carer’s Leave to provide care or support in the circumstances outlined in Clause 67.1 – Amount of Paid Personal / Carer’s Leave providing the Employee complies with the notice and evidence requirements outlined in Clause 67.7. 67.12.2. ZV and the Employee will agree on the period of unpaid leave. In the absence of agreement, the Employee may take up to two days unpaid Carer’s Leave per occasion. 67.12.3. Alternatively, the Employee may, with the consent of ZV, elect to work make-up time, under which the Employee takes time off during ordinary hours and works those hours at a later time during the Employee’s spread of ordinary hours. 67.13. Casual Employees – Caring Responsibilities 67.13.1. Casual Employees may be unavailable to attend work or may be required to leave work if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child. 67.13.2. ZV and a casual Employee will agree on the period for which the casual Employee may be unavailable to attend work. In the absence of agreement, a casual Employee is permitted to be absent from work for up to two days per occasion. A casual Employee is not entitled to any payment for the period of non-attendance. 67.13.3. A casual Employee must comply with the notice and evidence requirements outlined in Clauses 67.4 or 67.7. 68. Long Service Leave 68.1. Entitlement Employees who have completed 10 years’ service with ZV are entitled to 65 days Long Service Leave on full pay, and thereafter 6.5 days for each additional year of completed service. Long service leave may be taken for any period of not less than one day. 68.2. Pro-Rata Access 68.2.1. Employees are entitled to access their Long Service Leave entitlement, on a pro-rata basis after an initial 7 years paid continuous service. 68.2.2. Employees who are terminated due to resignation, are entitled to receive their Long Service Leave entitlement, on a pro-rata basis after an initial 7 years paid continuous service. 68.2.3. Meaning of Continuous Service for Casual Employees For the purpose of this clause, a reference to Continuous Service in respect of a casual Employee has the same meaning as that set out in the relevant Long Service Leave Act (Vic). 68.2.4. Employees whose services are terminated after 4 years completed service on account of ill health, retrenchment, or by death are entitled to a pro rata Long Service Leave payment. 68.3. Long service leave shall be taken at times that are mutually convenient, subject to the needs of ZV. 68.4. Applying for and Time of Granting leave 68.4.1. ZV may determine, in consultation with the Employee, the time for granting Long Service Leave so that ZV’s operations are not unduly affected by the granting of Long Service Leave to Employees at, or about the same time. 68.4.2. Subject to agreement with the Employee’s manager, Long Service Leave may be taken in single day amounts. 68.5. Calculation of Service 68.5.1. In calculating service for determining Long Service Leave entitlement the following are included: 68.5.1.1. Any period of paid leave or special leave due to war disabilities.31 | P a g e Zoos Victoria Salaried Staff Agreement 2022 68.5.1.2. Unpaid Personal / Carer’s Leave up to a maximum of 26 weeks. 68.5.1.3. Any period for which accident make-up payments are made under WorkCover, up to a maximum of 12 months. 68.5.1.4. Paid Parental Leave. 68.5.1.5. Any such other leave as ZV may determine in a particular case. 68.5.2. Any periods of paid leave, or pay in lieu, will be included in calculating length of service, but no further payment can be made or leave taken with respect to those periods. 68.5.3. Periods of unpaid leave shall not be recognised for the purpose of calculating length of service. 68.6. Recognition of Prior Service 68.6.1. Prior service shall include any period or periods of continuous service served immediately prior to employment by ZV in any State or Federal Government office, or in any other Government Instrumentality or Authority, Municipality or Local Government Authority or Zoo Service, as determined by the ZV. 68.6.2. ZV is committed to reciprocal arrangements, subject to the transfer of Long Service Leave monetary accumulation, with the organisations listed in Clause 68.6.1 above, to allow Employees who have a minimum of 5 years’ service with the ZV, to transfer their Long Service Leave accumulation and monetary entitlement to one of these organisations upon engagement. 68.6.3. Recognition of prior service will be treated in the following manner: 68.6.4. Where the Employee has accrued an entitlement to Long Service Leave through their prior service, the Employee should be paid out the leave prior to commencing employment with ZV. The Employee’s period of service with the previous Employer will be considered continuous with ZV service for the purposes of Long Service Leave. 68.6.5. Alternatively, application may be made to ZV for the entitlement to be transferred to ZV. In this case, the former Employer must pay the monetary value of the entitlement to ZV for that service. When payment is received the monetary value of the entitlement will determine the value of Long Service Leave hours being recognised at the Employee’s ZV rate of pay. 68.6.6. Where the Employee has not accrued an entitlement to Long Service Leave through their prior service, and consequently there is no transfer of the monetary value to ZV by the former Employer, prior service carries no entitlement to monetary value. In such cases, the prior service will reduce the amount of time taken to accrue an entitlement for ZV service as prescribed in Clause 68.1 - Entitlement above. 68.6.7. Prior service shall also include any period of war service in the Armed Forces of the Commonwealth of Australia, which ended not more than five years before commencement of their current employment with ZV, or any other service or employment which entitles Employees to Long Service Leave. 68.7. Payment of Long Service Leave 68.7.1. Long Service Leave granted on full pay is paid at the Employee’s ordinary rate of pay at the time of proceeding on leave, or averaged rate of pay for the preceding twelve month period. 68.7.2. Employees may request the whole or part of the Long Service Leave to be taken at half pay. 68.7.3. Long Service Leave salary shall be payable fortnightly, except where the Employee has requested a lump sum at the commencement of the leave. 68.7.4. Payments to Employees during Long Service Leave will be adjusted to include any variation in salary that occurs during the leave period. 68.7.5. Where a public holiday occurs during a period of Long Service Leave granted to an Employee, the public holiday is additional to the Long Service Leave. 69. Parental and Adoption Leave 69.1. Subject to the terms of this clause Employees are entitled to Parental and Adoption Leave and to work part-time in connection with the birth or adoption of a child. 69.2. The provisions of this clause apply to full time, part-time and eligible casual Employees, but do not apply to other casual Employees. 69.3. An eligible casual Employee means a casual Employee: 69.3.1. Employed by ZV on a regular and systematic basis for an ongoing period of employment for a period of at least 12 months. 69.3.2. Who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment. 69.4. For the purpose of this clause, continuous service is work for ZV on a regular and systematic basis (including any period of authorised leave or absence). 69.5. ZV must not fail to re-engage a casual Employee because: 69.5.1. The Employee or Employee’s spouse is pregnant, or 69.5.2. The Employee is or has been immediately absent on Parental Leave.32 | P a g e Zoos Victoria Salaried Staff Agreement 2022 69.6. The rights of ZV in relation to engagement or re-engagement of casual Employees are not affected, other than in accordance with this clause. 69.7. For the purpose of this clause child means a child of the Employee under school age except for adoption of a child where ‘child’ means a person under the age of sixteen years who is placed with the Employee for the purposes of adoption, other than a child or step-child of the Employee or of the spouse of the Employee or a child who has previously lived continuously with the Employee for a period of six months or more. 69.8. For the purpose of this clause, spouse includes a de facto or former spouse. 69.9. In relation to Clause 69.10 – Parental and Adoption Leave Basic Entitlement, spouse includes a de facto spouse but does not include a former spouse. 69.10. Parental and Adoption Leave Basic Entitlement 69.10.1. Employees who have, or will have, completed at least twelve months continuous service, are entitled to a combined total of 52 weeks paid and unpaid Parental Leave on a shared basis in relation to the birth or adoption of their child. An Employee who does not satisfy the qualifying service requirement for the paid components of leave, or an Employee who is an eligible casual Employee, shall be entitled to leave without pay for a period not exceeding 52 weeks. 69.10.2. Paid parental leave entitlements outlined in this clause are in addition to any payments which may be available under the commonwealth Paid Parental Leave Scheme. 69.10.3. Leave is summarised in the following table: Type of leave Paid leave Unpaid leave Total combined paid & unpaid leave Parental Leave 14 weeks 38 weeks if primary care giver 52 weeks Partner Leave 1 week 51 weeks if primary care giver 52 weeks Adoption Leave – primary care giver 14 weeks 38 weeks 52 weeks Adoption Leave – secondary care giver 1 week 2 weeks 3 weeks 69.11. Parental Leave Procedure 69.11.1. An Employee must provide notice to ZV in advance of the expected date of commencement of Parental Leave. The notice requirements are: 69.11.1.1. Of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the Employee is pregnant) – at least ten weeks prior; 69.11.1.2. Of the date on which the Employee proposes to commence parental leave and the period of leave to be taken – at least four weeks prior. 69.11.2. When the Employee gives notice under Clause 69.11 the Employee must also provide a statutory declaration stating particulars of any period of Parental Leave sought or taken by her spouse and that for the period of Parental Leave she will not engage in any conduct inconsistent with her contract of employment. 69.11.3. An Employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date. 69.11.4. Unless agreed otherwise between ZV and the Employee, an Employee may commence Parental Leave at any time within six weeks immediately prior to the expected date of birth. 69.11.5. Where an Employee continues to work within the six week period immediately prior to the expected date of birth, or where the Employee elects to return to work within six weeks after the birth of the child, ZV may require the Employee to provide a medical certificate stating that she is fit to work on her normal duties. 69.12. Partner Leave Procedure 69.12.1. An Employee who has at least 12 months continuous paid service will be entitled to: 69.12.1.1. One week paid Partner Leave in connection with the birth of a child for whom the Employee has accepted responsibility, to be taken either before and/or after the birth. 69.12.1.2. If the Employee is the primary care giver the Employee will be entitled to a further 51 weeks of unpaid Parental Leave. 69.12.2. An Employee will also be entitled to one week paid Partner Leave if the mother of the child has a miscarriage of her pregnancy where it has advanced to at least 20 weeks. 69.12.3. An Employee will provide to ZV at least ten weeks prior to each proposed period of partner leave: 69.12.3.1. A certificate from a registered medical practitioner which names the Employee’s spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place. 69.12.3.2. Written notification of the dates on which the Employee proposes to start and finish the period of Partner Leave. 69.12.3.3. Except in relation to leave taken simultaneously with the child’s mother, a statutory declaration stating the Employee will take that period of Partner Leave to become the primary care-giver of a child.33 | P a g e Zoos Victoria Salaried Staff Agreement 2022 69.12.3.4. Particulars of any period of Parental Leave sought or taken by the Employee’s spouse. 69.12.3.5. That for the period of Partner Leave the Employee will not engage in any conduct inconsistent with his contract of employment. 69.12.4. Adoption Leave Procedure 69.12.5. The Employee will notify ZV at least ten weeks in advance of the date of commencement of Adoption Leave and the period of leave to be taken. An Employee may commence Adoption Leave prior to providing such notice where, through circumstances beyond the control of the Employee, the adoption of a child takes place earlier. 69.12.6. Before commencing Adoption Leave, an Employee will provide ZV with a statutory declaration stating: 69.12.6.1. The Employee is seeking Adoption Leave to become the primary care-giver of the child. 69.12.6.2. Particulars of any period of Adoption Leave sought or taken by the Employee’s spouse. 69.12.6.3. That for the period of Adoption Leave the Employee will not engage in any conduct inconsistent with their contract of employment. 69.12.7. ZV may require an Employee to provide confirmation from the appropriate government authority of the placement. 69.12.8. Where the placement of a child for adoption with an Employee does not proceed or continue, the Employee will notify ZV immediately and ZV will nominate a time, not exceeding four weeks from receipt of notification, for the Employee’s return to work. 69.12.9. An Employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances. 69.12.10. 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. The Employee and ZV should agree on the length of the unpaid leave. Where agreement cannot be reached, the Employee is entitled to take up to two days unpaid leave. Where paid leave is available to the Employee, ZV may require the Employee to take such leave instead. 69.13. Parental or Adoption Leave Available for One Parent at a Time 69.13.1. Parental or Adoption Leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take up to eight weeks parental leave at the same time (concurrent leave). 69.13.2. The concurrent leave must be taken within 12 months of the birth or adoption of the child and may be taken in separate periods. However, each period must not be shorter that two weeks unless otherwise agreed with the Employer. 69.13.3. The concurrent leave is deducted from an employee’s entitlement under this Clause 69.13 – Parental or Adoption Leave Available for One Parent at a Time. It can be taken as paid leave in accordance with the paid leave period set out in Clause 69.10 - Parental and Adoption Leave Basic Entitlement, with the balance to be taken as unpaid leave. 69.14. Special Parental Leave 69.14.1. The Employee will be entitled to the equivalent of 14 weeks paid Parental Leave if she has a miscarriage of her pregnancy where it has advanced to at least 20 weeks. 69.14.2. Where an Employee is suffering from an illness not related to the direct consequences of the confinement, an Employee may take any paid Personal / Carer’s Leave to which she is entitled in lieu of, or in addition to, Parental Leave related to a miscarriage of her pregnancy. 69.14.3. Where an Employee not then on Parental Leave suffers illness related to her pregnancy, she may take any paid Personal / Carer’s leave to which she is then entitled and such further Parental Leave related to a miscarriage of her pregnancy. The aggregate of paid Personal / Carer’s leave and Parental Leave, including Parental Leave taken by a spouse, may not exceed 52 weeks. 69.14.4. During the period of leave an Employee may return to work at any time, as agreed between ZV and the Employee provided that time does not exceed four weeks from the recommencement date desired by the Employee. 69.15. Parental Leave and Other Entitlements An Employee may in lieu of, or in conjunction with, Parental Leave, access any Annual Leave or Long Service Leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks or a longer period as agreed. 69.16. Variation of Parental Leave Unless otherwise agreed between ZV and the Employee, an Employee may apply to ZV to change the period of Parental Leave on one occasion. Any such change is to be notified as soon as possible but no less than four weeks prior to the commencement of the changed arrangements. 69.17. Half Pay Provision ZV may allow an Employee who is entitled to paid Parental Leave to take that leave at half pay for a period equal to twice the period to which the Employee would otherwise be entitled. 69.18. Right to Request 69.18.1. An Employee entitled to Parental Leave may request ZV to allow the Employee:34 | P a g e Zoos Victoria Salaried Staff Agreement 2022 69.18.1.1. To extend the period of unpaid Parental Leave by a further continuous period of leave not exceeding 12 months. 69.18.1.2. To return from a period of Parental Leave on a part-time basis until the child reaches school age to assist the Employee in reconciling work and parental responsibilities. 69.18.2. ZV shall consider the request having regard to the Employee’s circumstances and, provided the request is genuinely based on the Employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or ZV’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service. 69.18.3. The Employee’s request and ZV’s decision made under Clause 69.18.1 must be recorded in writing. 69.19. Replacement Employees 69.19.1. A replacement Employee is an Employee specifically engaged or temporarily promoted or transferred, as a result of an Employee proceeding on Parental Leave. 69.19.2. Before ZV engages a replacement Employee, ZV must inform that person of the temporary nature of the employment and of the rights of the Employee who is being replaced. 69.20. Communication During Parental Leave 69.20.1. Where an Employee is on Parental Leave and a definite decision has been made to introduce significant change at the workplace, ZV shall take reasonable steps to: 69.20.1.1. Make information available in relation to any significant effect the change will have on the status or responsibility level of the position the Employee held before commencing Parental Leave, and 69.20.1.2. Provide an opportunity for the Employee to discuss any significant effect the change will have on the status or responsibility level of the position the Employee held before commencing Parental Leave. 69.20.2. The Employee shall take reasonable steps to inform ZV about any significant matter that will affect the Employee’s decision regarding the duration of Parental Leave to be taken, whether the Employee intends to return to work and whether the Employee intends to request to return to work on a part-time basis. 69.20.3. The Employee shall also notify ZV of changes of address or other contact details which might affect ZV’s capacity to comply with Clause 69.20 – Communication During Parental Leave. 69.21. Keeping in Touch Days 69.21.1. During a period of parental leave an Employer and Employee may agree to perform work for the purpose of keeping in touch in order to facilitate a return to employment at the end of the period of leave. 69.21.2. Keeping in touch days must be agreed and be in accordance with section 79A of the Fair Work Act 2009. 69.22. Returning to Work After a Period of Parental Leave 69.22.1. An Employee will notify of their intention to return to work after a period of Parental Leave at least four weeks prior to the expiration of the leave. 69.22.2. An Employee will be entitled to the position which they held immediately before proceeding on Parental Leave. In the case of an Employee transferred to a safe job pursuant to Clause 69.24 – Transfer to Safe Job, the Employee will be entitled to return to the position they held immediately before such transfer. 69.22.3. Where such position no longer exists, but there are other positions available which the Employee is qualified for and is capable of performing, the Employee will be entitled to a position as nearly comparable in status and pay to that of their former position. 69.22.4. An eligible casual Employee who is employed by a labour hire company who performs work for a client of the labour hire company will be entitled to the position which they held immediately before proceeding on Parental Leave. 69.22.5. Where such a position is no longer available, but there are other positions available that the Employee is qualified for and is capable of performing, ZV shall make all reasonable attempts to return the Employee to a position comparable in status and pay to that of the Employee’s former position. 69.23. Request to Return to Work Part-time Where an Employee wishes to make a request under Clause 69.18 – Right to Request, such a request must be made as soon as possible, but no less than seven weeks prior to the date upon which the Employee is due to return to work from Parental Leave. 69.24. Transfer to a Safe Job 69.24.1. Where an Employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy, or hazards connected with the work assigned to the Employee make it inadvisable for the Employee to continue at her present work, the Employee will, if ZV deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of parental leave 69.24.2. If there is no safe job available, the Employee may elect, or ZV may require, the Employee to commence no safe job leave for such period as is certified necessary by a registered medical practitioner.35 | P a g e Zoos Victoria Salaried Staff Agreement 2022 70. Compassionate Leave 70.1. Definition 70.1.1. In this clause the Employee's immediate family means: 70.1.1.1. the Employee's spouse (including the Employee's former spouse, de facto partner and former de facto partner). A de facto partner means a person who, although not legally married to the Employee, is in a relationship as a couple on a genuine basis (whether the Employee and the person are of the same sex or different sexes); and 70.1.1.2. a child or adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the Employee or the Employee's spouse or de facto partner. 70.2. Amount of Compassionate Leave 70.2.1. An Employee, other than a casual Employee, is entitled to up to three days paid Compassionate Leave on each occasion when a member of the Employee's immediate family or a member of the Employee’s household: 70.2.1.1. contracts or develops a personal illness that poses a serious threat to his or her life; 70.2.1.2. sustains a personal injury that poses a serious threat to his or her life; or 70.2.1.3. dies, each of which constitutes a permissible occasion for the purposes of Clause 70 – Compassionate Leave. 70.2.2. An Employee may take Compassionate Leave for a particular permissible occasion if the leave is taken: 70.2.2.1. to spend time with the member of the Employee’s immediate family or household who has contracted or developed a personal illness or sustained a personal injury referred to in Clause 70.1 - Definition; or 70.2.2.2. after the death of a member of the Employee’s immediate family or household referred to in Clause 70.1- Definition. 70.2.3. An Employee is not required to take Compassionate Leave in respect of a permissible occasion consecutively. 70.2.4. Compassionate Leave will not accrue from year to year and will not be paid out on termination of the employment of the Employee. 70.3. Payment for Compassionate Leave (other than for casual Employees) An Employee, other than a casual Employee, who takes paid Compassionate Leave, is entitled to be paid at his or her salary for ordinary hours of work in the period in which the Compassionate Leave is taken. 70.4. Unpaid Compassionate Leave 70.4.1. An Employee, including a casual Employee may take unpaid Compassionate Leave by agreement with ZV. 70.4.2. In addition to the other provisions of this clause, Employees of Aboriginal or Torres Strait Islander descent may be granted unpaid leave of up to three days per permissible occasion in relation to the death of an extended family member. 70.5. Notice and Evidence Requirements 70.5.1. An Employee who is taking Compassionate Leave under this clause must give notice to ZV “as soon as practicable” (which may be at a time after the Compassionate Leave has started) and must advise ZV of the period, or expected period, of the Compassionate Leave. 70.5.2. An Employee must provide ZV with satisfactory evidence to support the taking of Compassionate Leave. Satisfactory evidence may include a medical certificate from a Registered Practitioner (as that term is defined in Clause 67.5.2), a statutory declaration or other relevant documentary evidence to the reasonable satisfaction of ZV. 70.5.3. The Employee is not entitled to Compassionate Leave under this clause unless the Employee complies with the evidence and notice requirements set out in this clause. 71. Family Violence Leave 71.1. General Principle 71.1.1. ZV recognises that Employees sometimes face situations of violence or abuse in their personal life that may affect their attendance or performance at work. Therefore, ZV is committed to providing support to staff that experience family violence. 71.1.2. Leave for family violence purposes is available to employees who are experiencing family violence, and also to allow them to be absent from the workplace to attend counselling appointments, legal proceedings and other activities related to, and as a consequence of, family violence. 71.2. Definition of Family Violence Family violence includes physical, sexual, financial, verbal or emotional abuse by a family member as defined by the Family Violence Protection Act 2008 (Vic). 71.3. Eligibility 71.3.1. Leave for Employees subject to family violence is available to all Employees with the exception of casual Employees. 71.3.2. Casual employees are entitled to access leave without pay if they are subject to family violence.36 | P a g e Zoos Victoria Salaried Staff Agreement 2022 71.4. General Measures 71.4.1. Evidence of family violence may be required and can be in the form an agreed document issued by the Police Service, a Court, a registered health practitioner, a Family Violence Support Service, district nurse, maternal and health care nurse or Lawyer. A signed statutory declaration can also be offered as evidence. 71.4.2. All personal information concerning family violence will be kept confidential in line with ZV’s policies and relevant legislation. No information will be kept on an Employee’s personnel file without their express written permission. 71.4.3. No adverse action will be taken against an Employee if their attendance or performance at work suffers as a result of experiencing family violence. 71.4.4. ZV will identify contact/s within the workplace who will be trained in family violence and associated privacy issues. ZV will advertise the name of any Contact Officers within the workplace. 71.4.5. An Employee experiencing family violence may raise the issue with their immediate supervisor, Contact Officer, Union delegate or Human Resources representative. The immediate supervisor may seek advice from Human Resources if the Employee chooses not to see the Human Resources or Contact Officer. 71.4.6. Where requested by an Employee, the Human Resources representative 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 71.4 – General Measures and Clause 71.5 - Leave. 71.4.7. ZV 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. 71.5. Leave 71.5.1. An Employee experiencing family violence will have access to 20 days per year of paid special leave following an event of family violence and for related purposes such as medical appointments, legal proceedings and other activities related to family violence (this leave is not cumulative but if the leave is exhausted consideration will be given to providing additional leave). This leave will be in addition to existing leave entitlements and may be taken as consecutive or single days or as a fraction of a day and can be taken without prior approval. 71.5.2. An Employee who supports a person experiencing family violence may utilise their personal/carer’s leave entitlement to accompany them to court, to hospital, or to care for children. ZV may require evidence consistent with Clause 71.1 – General Principles from an Employee seeking to utilise their personal / carer’s leave entitlement. 71.6. Individual Support 71.6.1. In order to provide support to an Employee experiencing family violence and to provide a safe work environment to all Employees, ZV will approve any reasonable request from an Employee experiencing family violence for: 71.6.1.1. temporary or ongoing changes to their span of hours or pattern or hours and/or shift patterns; 71.6.1.2. temporary or ongoing job redesign or changes to duties; 71.6.1.3. temporary or ongoing relocation to suitable employment; 71.6.1.4. a change to their telephone number or email address to avoid harassing contact; 71.6.1.5. any other appropriate measure including those available under existing provisions for family friendly and flexible work arrangements. 71.6.2. 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 to the terms and conditions applicable to the Employee’s substantive position. 71.6.3. An Employee experiencing family violence will be offered access to the Employee Assistance Program (EAP) and/or other available local Employee support resources. The EAP shall include professionals trained specifically in family violence. 71.6.4. An Employee who discloses that they are experiencing family violence will be given information regarding current support services. 72. Attendance at Repatriation Centres 72.1. Attendance by ex-military service personnel at repatriation centres for medical examination and/or treatment will be regarded as time worked, provided that the Employee is permanent and that: 72.1.1. Work time lost does not exceed 4 hours on each occasion. 72.1.2. Salary during these periods will be limited to the difference between the Employee's ordinary salary and any payment received from the Department of Veterans Affairs as a result of each such visit. 72.1.3. Satisfactory evidence is provided that the Employee is required to and subsequently does attend a Repatriation Centre. 72.1.4. These provisions are limited to a maximum of four such visits per year. 72.1.5. Where the Employee’s illness is directly attributable to, or is aggravated by, their service in the Australian Military Forces, she/he may be granted special leave with full pay up to fifteen days per year. 72.1.6. Such special leave is cumulative to a maximum of 100 days and does not include any entitlement to sick leave.37 | P a g e Zoos Victoria Salaried Staff Agreement 2022 73. Leave to Attend Alcohol and Drug Rehabilitation Programs 73.1. ZV is a workplace with many risks, including dangerous animals. ZV takes all reasonably practicable steps to reduce and control these risks. Because of the nature of our workplace, Employees must not attend work if they are affected by alcohol or illicit drugs. 73.2. Employees who have been prescribed medication by their medical practitioner must advise their manager of any possible impacts on their work performance. 73.3. An Employee, other than a casual Employee, may be granted leave with or without pay to undertake an approved rehabilitation program where ZV is satisfied that: 73.3.1. the Employee’s work performance is adversely affected by the misuse of alcohol or illicit drugs; 73.3.2. the Employee is prepared to undertake a course of treatment designed for the rehabilitation of persons with alcohol or illicit drug related problems; and 73.3.3. in the case of an alcohol or drug addiction, a Registered Practitioner has certified that in his or her opinion the Employee is in need of assistance because of their misuse of alcohol or drugs and that the Employee is suitable for an approved rehabilitation program. 73.4. For the purpose of this clause, Registered Practitioner has the same meaning as set out in Clause 67.5.2. 74. Cultural and Ceremonial Leave 74.1. ZV 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. 74.2. ZV may grant an Employee of Aboriginal or Torres Strait Islander descent accrued Annual or other Leave to attend Annual General Meetings of Aboriginal community organisations at which the election of office bearers will occur. 74.3. Ceremonial Leave without pay may be granted to an Employee of Aboriginal or Torres Strait Islander descent for ceremonial purposes: 74.3.1. connected with the death of a member of the immediate family or extended family (provided that no Employee shall have an existing entitlement reduced as a result of this clause); or 74.3.2. for other ceremonial obligations under Aboriginal and Torres Strait Islander law. 74.4. Ceremonial leave granted under this clause is in addition to compassionate leave granted under Clause 70 – Compassionate Leave. 75. Other Leave 75.1. Subject to operational requirements and agreement of the manager, leave without pay may be approved to enable an Employee to: 75.1.1. Carry out official duties as Mayor, Shire President, or Councillor; or 75.1.2. Participate as a competitor or official at any non-professional national or international sporting event. 75.2. Jury Service Employees required to appear and/or serve as a juror in any court shall be entitled to leave with pay for the period during which their attendance is required. The Employee shall not be required to pay to ZV the amount received as jury fees. To obtain approval for leave under this clause, a leave application should be supported by the notification that the Employee is required to attend the court. On resumption of duty, the Employee shall submit an attendance certificate obtained from the Court. 75.3. Blood Donations A full time or part-time Employee on production of a Blood Bank Attendance certificate shall be granted special leave up to a maximum of four hours without loss of pay provided that leave for such attendance has had prior approval of ZV. This leave may be taken on four separate occasions per calendar year. 75.4. Leave to Engage in Emergency Relief Activities 75.4.1. An Employee who is a member of a voluntary emergency relief organisation including, but not limited to, the Country Fire Authority, Red Cross, State Emergency Service and St John Ambulance must be released from normal duty without loss of pay where an emergency situation arises that requires the attendance of the Employee provided always that operational requirements of ZV are maintained. 75.4.2. An Employee who is required to attain qualifications or to requalify to perform activities in an emergency relief organisation may be granted leave with pay for the period of time required to fulfil the requirements of the training course pertaining to those qualifications. Applications for such training will be considered on a case by case basis taking into account the development needs of the Employee and the operational requirements of ZV. 75.5. Defence Reserve Leave 75.5.1. Leave may be granted for Defence Reserve service up to a maximum period of 78 weeks continuous service.38 | P a g e Zoos Victoria Salaried Staff Agreement 2022 75.5.2. An Employee required to complete Defence Reserve service will consult with ZV regarding the proposed timing of the service and will give ZV as much notice as is possible of the time when the service will take place. 75.5.3. Where the base salary excluding allowances received by the Employee from the Australian Defence Force in respect of Defence Reserve service during his or her ordinary hours of work is below the Employee’s ZV salary, ZV will, unless exceptional circumstances arise, pay to the Employee make-up pay for the period of Defence Reserve service. 75.5.4. Pay During Leave Where the amount of pay (not including any payment by way of overtime, penalty rates, higher duties allowances, or any payment of temporary character) which an Employee would have received had they remained on duty, exceeds the amount of pay (including marriage and separation allowances) received by them as a member of the Citizen Forces, at any such school, class, or course, they shall be entitled to receive an amount equal to the difference. 75.5.5. Application for Leave and Evidence of Attendance Any Employee who requires leave under this clause shall submit in writing, an application to ZV, and upon completion of the period of such leave, they shall furnish satisfactory evidence that they had attended for the purpose for which the leave was granted. 75.6. Study and/or Professional Development Leave 75.6.1. ZV may grant study and/or professional development leave for the purpose of developing its Employees. 75.6.2. Study and/or Professional Development Leave will only be granted where the course of study and/or professional development being undertaken by the Employee is considered appropriate by ZV. 75.6.3. Study and/or Professional Development Leave will be at the discretion of ZV and will not exceed 7.6 hours per week. 75.6.4. ZV will not unreasonably withhold a request to arrange study and/or professional development leave to suit the individual requirements of the Employee, including applications for block leave to attend such events as examinations. 75.6.5. The Employee, where possible, will arrange time for the purposes of study and/or professional development to include time in lieu and encompass meal breaks. 75.7. Leave Without Pay 75.7.1. ZV may grant an Employee leave without pay, subject to operational requirements. 75.7.2. Employees are able to apply for leave without pay as an extension of their annual leave, to a maximum of two weeks in any one-year. ZV will give consideration to such application on a case by case basis. 75.7.3. Leave without pay granted under this clause must not exceed a continuous period of twelve months without the further approval of ZV. 75.7.4. Unless otherwise provided for in this agreement, leave without pay granted under this clause shall not break the Employee's continuity of employment but leave without pay will not count as service for accrual of any type of leave provided by this agreement or other purposes. 76. Public Holidays 76.1. Where the nature of the employment of Employees permits the observance of public holidays as they occur, Employees (other than casual Employees) shall be entitled to the following holidays without loss of pay: 76.1.1. New Year’s Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Christmas Day, Boxing Day, Australia Day, Anzac Day, Queen’s Birthday, Labour Day, the Friday before the Australian Football League grandfinal and Melbourne Cup Day. 76.1.2. When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December. 76.1.3. When Boxing Day is a Saturday or a Sunday, an additional holiday shall be observed on 28 December. 76.1.4. When New Year’s Day is a Saturday or a Sunday, an additional holiday shall be observed on the next Monday. 76.1.5. When Australia Day is a Saturday or a Sunday, a holiday in lieu shall be observed on the next Monday. 76.2. Victoria Public Holidays Public holidays which are declared or prescribed in the State of Victoria on days other than those set out in Clause 76.1 – Public Holidays and which are applicable to ZV Employees covered by this Agreement, shall constitute additional holidays for the purpose of this Agreement. 76.2.1. Substitution of Public Holidays 76.2.1.1. ZV and its Employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected Employees shall constitute agreement. Any such arrangement shall be recorded in writing and be available to every affected Employee. 76.2.1.2. A ZV Employee may by agreement with ZV substitute another day for any prescribed in this clause to observe religious or cultural occasions or like reasons of significance to the Employee. 76.3. Work Performed on Public Holidays39 | P a g e Zoos Victoria Salaried Staff Agreement 2022 76.3.1. Five Day Worker Where a public holiday falls on any day Monday to Friday the Employee will have the day free of duty on full pay. 76.3.2. Rostered Worker 76.3.2.1. Where a ZV Employee is rostered on and works a public holiday, the Employee shall be paid double time and a half at the Loaded Rate or take the Public Holiday as a day off and be paid the normal rate of pay. 76.3.2.2. Where an Employee is regularly rostered on a day that is a public holiday, the Employee will be expected to work the day, unless by agreement with their manager, they take the day as a public holiday and receive payment at the Loaded Rate. 76.3.2.3. Where a 7 day rostered full time Employee is rostered off on a public holiday and he/she does not work he/she is entitled to either an additional day’s pay at the pay at the appropriate rate or a day off in lieu at his/her option, to be taken at a mutually agreed time Monday to Friday. 76.4. Payment for Work on Public Holidays 76.4.1. A ZV Employee, other than a casual Employee, or an Employee classified at Band 6 or above, who works on public holiday, shall be: 76.4.1.1. Paid at the appropriate holiday rate; and if such a ZV Employee also works on the substituted day or days, he or she shall be paid at the ordinary time rate on this day or these days. 76.4.1.2. Employees required to work on a public holiday shall be paid at the rate of double time and half, with a minimum payment for 3 hours. 76.4.1.3. Alternatively, by agreement with their supervisor, Employees can take time and a half plus a day’s leave in lieu, provided that day is taken within 12 months. 76.4.2. A ZV casual Employee who works on a public holiday will be paid at the rate set out in the State Government Agencies Award 2020. PART 7 – OCCUPATIONAL HEALTH & SAFETY 77. Safety in the Workplace Occupational health and safety in the workplace or in the course of employment is subject to the provisions of the Victorian Occupational Health and Safety Act 2004, the Victorian Accident Compensation Act 1985, and regulations made under these Acts. 78. Accident Make-Up Pay 78.1. Where an Employee is absent from duty as a result of sustaining an injury in respect of which the Employee is entitled to weekly payments of compensation under the Accident Compensation Act 1985, the Employee will, except where otherwise provided in this Clause 78, be entitled to accident make-up pay equivalent to his or her normal salary less: 78.1.1. the amount of weekly compensation payments; and 78.1.2. if the Employee is partially incapacitated, any wages earned by the Employee. 78.2. The entitlement to accident make-up pay is for a single, continuous period of 52 weeks, commencing on the date that the injury or incapacity occurs. For the purpose of this clause, a “week” means the relevant Employee’s ordinary working week at the time that the injury or incapacity occurs. Accident make up pay is not payable: 78.2.1. After the end of the continuous 52 week period, except at the absolute discretion of ZV. 78.2.2. If benefits payable under the Accident Compensation Act 1985 cease. 78.2.3. If the Employee's employment ceases. 78.3. Where an Employee is receiving accident make up pay they will continue to accrue Annual Leave, Personal / Carer’s Leave and Long Service Leave for up to a maximum of 52 weeks. 79. Journey Accident Insurance ZV shall enter into a contract of insurance on behalf of all Employees covered by this Agreement, to pay lost wages during any period of incapacity arising out of Personal / Carer’s illness or injury sustained whilst travelling to or from ZV's place of employment. 80. Infectious Diseases Upon report by a medical officer, that by reason of contact with a person suffering from an infectious disease and through the operation of restrictions imposed by law in respect of such disease, an Employee is unable to attend work, ZV may grant the Employee special leave of absence with pay. The period of leave must not be for any period beyond the earliest date at which it would be practicable for the Employee to return to work having regard to the restrictions imposed by law.40 | P a g e Zoos Victoria Salaried Staff Agreement 2022 PART 8 – OTHER MATTERS 81. Training 81.1. The parties agree that each Employee may have access to relevant training and/or development opportunities consistent with the Employee's defined ZV career objectives. 81.2. Training and/or development opportunities for each Employee includes the opportunity to extend individual knowledge and skills by attendance at training sessions, seminars, formal courses of study, exchange placements, secondment arrangements, project work, higher duty assignments, or other opportunities. 81.3. The Employee and their Manager shall jointly identify relevant training and/or development needs at least annually in line with the formal performance and development review process. 81.4. ZV may grant paid leave and pay reasonable approved costs for the Employee to attend management approved training and/or development activities engaged in by the Employee. Where ZV requires the Employee to undertake a formal course of study, ZV shall pay all reasonable approved costs associated with the course of study, in addition to any study leave granted to the Employee. 82. Clothing, Tools & Equipment 82.1. Employees shall be provided with all necessary ZV uniforms, protective or special apparel, instruments, equipment, tools, stationery and furniture to carry out their work. 82.2. All such apparel and equipment provided will be maintained in good order by Employees. 82.3. Employees who damage or soil items of personal clothing, footwear or personal equipment, during the performance of their duties, through no fault of their own, will have such repaired, cleaned or replaced by ZV. This clause will only apply for items required to be used for the performance of duties unless otherwise agreed with ZV. 83. Employee Amenities Fully equipped personal bay/rest room, Employee toilets and showers, and lunchroom with microwave oven, refrigerator and boiling water will be provided by ZV. Amenities and work environment will be in accordance with the WorkSafe Workplace Amenities and Work Environment Compliance Code. 84. Reimbursement of Expenses 84.1. General Provisions 84.1.1. ZV will reimburse the Employee his or her reasonable out of pocket expenses actually and necessarily incurred in the course of his or her authorised duties. 84.1.2. ZV must apply the rulings of the Commissioner of Taxation (Australian Tax Office) relating to reasonable allowances in determining the maximum rates payable, unless otherwise agreed. 84.1.3. The amount of an expense will be considered reasonable where it does not exceed the relevant amounts set by the Australian Tax Office as adjusted from time to time. 84.2. Allowable Expenses 84.2.1. Allowable expenses include: 84.2.1.1. travelling, accommodation, meals and other incidental expenses associated with an overnight absence from home or part day duties away from the normal work location; and 84.2.1.2. expenses incurred in using private mobile and home phones in accordance with Clause 84.3 – Private Mobile and Home Phone Use; and 84.2.1.3. Expenses incurred in using private vehicles in accordance with Clause 84.4 – Private Motor Vehicle Use. 84.3. Private Mobile and Home Phone Use 84.3.1. An Employee required to use his/her private mobile phone or home phone in the course of their employment will be reimbursed for work-related calls under their plan. 84.3.2. The Employee must obtain the prior approval of their manager before using their private mobile or home phone during the course of their employment. 84.3.3. Following use, the Employee must submit an itemised statement of the calls made and their cost. 84.4. Private Motor Vehicle Use 84.4.1. Employees must always seek to use a ZV vehicle for business purposes. However, when a ZV vehicle is not available and when the external appointment cannot be varied to a time when a ZV vehicle would be available, the following will apply in relation to use of private motor vehicles. 84.4.2. An Employee, required to use his/her private motor vehicle in the course of his/her employment will be reimbursed for kilometre costs and any other motor vehicle reimbursement expenses incurred in the course of the Employee’s employment and authorised by their manager.41 | P a g e Zoos Victoria Salaried Staff Agreement 2022 84.4.3. The Employee must obtain the prior approval of their manager before using their private motor vehicle during the course of their employment. 84.4.4. Following use, the Employee must submit a declaration stating the date, the purpose of the trip, the number of kilometres travelled and the type of vehicle used. 84.4.5. The rates payable in respect of motor kilometre costs will be the rates determined by the Australian Tax Office from time to time. 84.4.6. A declaration from the Employee that the expense was incurred may be accepted by ZV if the official receipt is lost or misplaced, and suitable verification can be made. A declaration from the Employee that an incidental expense was incurred may be accepted if ZV and the Employee agree that the obtaining of a receipt was impractical. 84.4.7. ZV will pay the Employee money owing under this clause by electronic funds transfer as soon as practicable but not later than the next accounts payable processing period after the Employee’s claim is approved. 84.4.8. Upon request, ZV will provide an advance for the expected costs associated with work related travel or any other exercise where an Employee is likely to incur work related expenses. As soon as practicable after the event, the Employee will provide ZV with an account of all expenses incurred together with receipts 84.5. Expense Claims An Employee must submit ZV official receipts substantiating allowable expenses incurred by the Employee as soon as practical after incurring the expense, except where the Employee uses his/her own motor vehicle for work purposes in which case the Employee will submit a declaration in accordance with Clause 84.4 – Private Motor Vehicle Use. 85. Professional Counselling Professional counselling will be provided to Employees, as necessary, in accordance with the ZV Employee Assistance Program. 86. Costs of Employment Related Legal Proceedings 86.1. Where legal proceedings are initiated against an Employee as a direct consequence of the Employee legitimately and properly performing his or her duties, ZV will meet the Employees’ legal costs relating to the defence of such proceedings. 86.2. When ZV meets the Employee’s legal costs in these circumstances ZV shall appoint the legal firm which is to represent the Employee. 86.3. Inquests If an Employee is required to attend a coroner's inquest in matters which directly arise from the performance of the Employee's duties, ZV shall meet the Employee's reasonable legal costs relating to appearance at or representation before the Coroner's Court. 87. CPSU Matters 87.1. Protection for Authorised CPSU Representatives 87.1.1. An Employee shall not be dismissed or injured in his or her employment or have his or her employment altered in a prejudicial manner, or be threatened with prejudicial or injurious treatment or with dismissal by reason of his or her status or reasonable activities as an authorised representative of a union or on the basis of his or her membership of or participation in the activities of a union. 87.1.2. ZV shall not injure a person in his or her employment, or alter the terms or conditions of employment of a person in a prejudicial manner on the basis of his or her membership of or participation in a union. 87.2. Authorised Employee and CPSU Meetings 87.2.1. Employees or members of a union may hold meetings during work time and without the loss of ordinary pay but only where the time, place and, to the extent practicable, duration of the proposed meeting is agreed between Employee representatives and senior management prior to the meeting being held. 87.2.2. Where it is agreed by management that a meeting may be held and with a minimal disruption to operations, the meeting must be no more than 1 hour in duration. Payment of the ordinary rate of pay for time taken by Employees for attendance at a meeting is conditional upon an orderly return to work by Employees at the conclusion of the meeting and at the previously agreed time. 87.2.3. ZV recognises the obligation of unions to represent the views of Employees. Essential to this role is the need from time to time to meet with their members. Unions recognise the wishes of ZV to maintain its operations at all times and will work co-operatively with ZV to this end. Accordingly, unions and Employees will genuinely attempt to minimise and restrict the frequency and number of such meetings. In the event ZV forms the view that the number of requests for a meeting or the number of meetings being held is excessive or unreasonable, discussions will immediately take place to resolve the difficulty. 87.3. CPSU Training 87.3.1. In order to encourage cooperation at the workplace and to facilitate the operation of the agreement, an Employee who has been nominated by a union and has been accepted by a training provider to attend a designated trade42 | P a g e Zoos Victoria Salaried Staff Agreement 2022 union training course may be granted up to five days leave on full pay in any one calendar year, so long as the granting of such leave does not unduly effect the operations of ZV. 87.3.2. An elected OH&S representative may participate in union OH&S training courses. 87.3.3. On application, ZV shall grant leave without pay to an Employee for the purposes of secondment to work for the Union. 87.4. Employee Representation on CPSU SPSF Victorian Branch Council 87.4.1. Employees who are CPSU SPSF Victorian Branch Council members nominated by the Branch Secretary of the Union will be entitled to a half day per month to attend Branch Council meetings. Time release will include reasonable time to travel to the meetings. 87.4.1.1. Additional paid leave will be granted to Employees who are CPSU SPSF Victorian Branch Council members nominated by the Branch Secretary to attend: • Federal Executive and Federal Council meetings of the CPSU; • The Australian Council of Trade Unions’ triennial conference.43 | P a g e Zoos Victoria Salaried Staff Agreement 2022 88. SIGNATORIES SIGNED IN AGREEMENT FOR AND ON BEHALF OF Members of the Community and Public Sector Union (CPSU) SPSF Group Victorian Branch, Level 4, 128 Exhibition Street, Melbourne. VIC 3000. SIGNED IN AGREEMENT FOR AND ON BEHALF OF The Zoological Parks and Gardens Board (ZV), Elliott Avenue, Parkville. VIC 3052. _______________________________ _______________________________ JENNY GRAY NAME: Rachel Lenihan CHIEF EXECUTIVE OFFICER WITNESS DATED: 18/10/2022 DATED: 18/10/2022 BRANCH SECRETARY Claren Bad KAREN BATT BRANCH SECRETARY DATLE: 24th October/2022 D Haren Bast KAREN BATT BRANCH SECRETARY M DATED: 24th October 2022. D WE Townsend. AME: WAYNE TOWNSEND ITNESS BRANCH 1. SECRETARY ATED: 24-10-202244 | P a g e Zoos Victoria Salaried Staff Agreement 2022 APPENDIX A SALARIED STAFF SALARY AND CLASSIFICATION STRUCTURE Monday to Friday rates: Salaries increase by 2.00% with effect from 03 October 2022 Annual Gross Step 1 p.a Step 2 p.a Step 3 p.a Step 4 p.a Step 5 p.a Step 6 p.a Step 7 p.a Band 1 $48,908 $50,718 $52,529 $54,339 $55,271 $56,691 $58,185 Band 2 $58,201 $60,347 $62,492 $64,637 $66,740 $68,286 $69,780 Band 3 $69,785 $71,167 $73,694 $77,402 $77,434 $78,722 $79,984 Band 4 $80,942 $83,943 $86,948 $89,951 $92,506 $94,825 $97,557 Entry p.a. Maximun p.a. Progression Amounts Band 5 $97,575 $107,824 $1,700 Band 6 $107,824 $133,992 $2,100 Band 7 $133,993 $181,944 $2,500 Hourly Rates Step 1 hourly Step 2 hourly Step 3 hourly Step 4 hourly Step 5 hourly Step 6 hourly Step 7 hourly Band 1 $24.6660 $25.5798 $26.4928 $27.4066 $27.8761 $28.5911 $29.3446 Band 2 $29.3542 $30.4359 $31.5174 $32.5995 $33.6595 $34.4392 $35.1927 Band 3 $35.1959 $35.8931 $37.1674 $38.4414 $39.0526 $39.7025 $40.3392 Band 4 $40.8214 $42.3361 $43.8505 $45.3654 $46.6553 $47.8250 $49.2024 Entry per hr Maximum per hr Band 5 $49.2115 $54.3803 Band 6 $54.3805 $67.5785 Band 7 $67.5789 $91.7613 For part-time Employees, annual salaries are calculated by multiplying the hourly rate by the number of hours worked per week and then by 52.17845. Salaries for rostered staff are calculated by applying the relevant roster penalty at Clause 17.1 - Rates of Pay for 7 Day Rostered Employees to the above rates.Zoos Victoria Salaried Staff Agreement 2022 Page 45 APPENDIX B SCHEDULE OF ALLOWANCES a) Team Leader Financial In the absence of the relevant coordinator, an Employee may be formally assigned some of the duties of their coordinator as well as undertake the end of day financial responsibilities. b) Team Leader Non-Financial In the absence of the relevant coordinator, an Employee may be formally assigned some of the duties of their coordinator c) Firearms Response An employee below Band 7 who has been appointed to perform the duties of ‘firearm response officer’ shall be paid an allowance as detailed in the schedule of rates. d) Meal Breaks & Allowances During Overtime Employees who work more than 9.6 hours continuously (excluding any periods of unpaid meal breaks) will be paid a meal allowance as per the schedule of allowances by application to payroll. In this event, the Employee will take an unpaid meal break of at least 30 minutes at an agreed time. e) First Aid Unrostered Employees not rostered to perform First Aid duty but who are required to maintain a current First Aid qualification at Certificate II level in order to provide first aid support of, or in the absence of, Employees regularly rostered to perform First Aid may apply for the unrostered allowance rate in any week when they are required to perform first aid. f) First Aid - Rostered Employees rostered by ZV to perform regular First Aid duties will be paid the rostered rate of allowance as per the schedule. g) On-Call ZV may, by agreement, roster an Employee to be on on-call outside the ordinary hours of duty of the Employee to perform work away from their usual place or places of work. h) Officer in Charge (Clause 51 ) An Employee whose position is classified below Bands 6 to 7 shall be entitled to a daily allowance as prescribed in Appendix B – Schedule of Allowances where that Employee is required to carry the responsibilities of Officer in Charge ie the most senior person at each property during weekends, public holidays and after hours functions where an Officer in Charge is required. i) Rostered Trainer Employees who deliver formal or classroom training to new Employees will be eligible to claim the allowance. SCHEDULE OF ALLOWANCES Effective from Allowance Frequency 3/10/2022 Increase 2.00% Team Leader Financial per hour $8.91 Team Leader Non- Financial per hour $3.55 Firearm Response per annum $3,062.98 Meal Allowance per day $26.45 First Aid - unrostered per week $14.51 First Aid - Rostered per annum $1,420.12 O-Call per day $71.01 Officer-in-Charge per day $110.98 Formal/Classroom Trainer per hour $5.91Zoos Victoria Salaried Staff Agreement 2022 Page 46 APPENDIX C SCHEDULE OF CASUAL RATES Effective from Details of Allowance 3/10/2022 Increase 2.00% Casual - Trainess ( 152 hours service) $30.50 General Duties Casual - ticket seller, carpark attendant, retail assistant, customer service officer $33.90 Professional Duties Casual - safari guide, ranger, zoo encounters presenters, event co-ordinator, research assistants $37.58 Supervisor or Finance Casual $44.03 Teacher $48.89Zoos Victoria Salaried Staff Agreement 2022 Page 47 APPENDIX D SCHEDULE OF RATES FOR CAMPS Effective from Details of Allowance 3/10/2022 Increase 2.00% Half Camp (Total payment, no other allowance may be claimed) $244.90 Full Camp (Total payment, no other allowance may be claimed) $566.29Zoos Victoria Salaried Staff Agreement 2022 Page 48 APPENDIX E Salaried Staff Classification Band Descriptors These descriptors are provided as a guide to the classification of ongoing and fixed-term positions across Zoos Victoria. They can also assist managers and staff in career development discussions to focus development on the relevant skills, knowledge and experience necessary at the next Band level. Band 1 General Attributes Undertakes specified tasks within established guidelines, or with close supervision Provides a service to visitors or colleagues, seeking help if requests are outside established procedures Expertise Apply basic literacy and numeracy skills in understanding and applying operation work practices Knowledge of relevant technology eg. MS Office, ticket sales, retail sales, EFTPOS, photocopiers, switchboard Perform single tasks or a number of similar repetitive tasks Provide factual information to visitors/callers Able to understand and act on instructions Able to develop new skills through on the job training Decision-Making Follow established procedures Refer decisions outside established procedures to supervisor Contribute to identification of workplace hazards Contribute ideas for workplace improvement Identifies opportunities to improve own efficiency and suggests these to supervisor Accountability Complete duties as assigned Seek assistance and advice when necessary Adhere to established procedures Meet assigned targets Accountable for accuracy and timeliness of outputs Work as part of a team Develop factual knowledge of the wider organisation Examples (not comprehensive) Administrative Officer – limited range of duties Visitor Experience/Services Officer – performing either retail, or admissions duties, but not bothZoos Victoria Salaried Staff Agreement 2022 Page 49 Band 2 General Attributes Work with limited supervision within established procedures and instructions Judgement is required to solve problems arising in own work program Resolve minor problems Expertise Able to understand and apply operational work procedures Able to understand specific customer needs Vocational or on the job training in administrative or service skills Broad knowledge of organisation strategy, policy and regulations Proficient in use of relevant technology eg. MS Office, ticketing system, retail system, EFTPOS, photocopiers, switchboard Complete a number of similar tasks, or a range of related tasks with a common, specified objective Deliver high quality customer service and resolve minor problems Inform and influence visitors to actively contribute to the organisation vision eg. through membership, animal adoptions, commercial programs, retail purchases Decision-Making Perform duties in accordance with established procedures and instructions Resolve problems through established procedures and instructions Discriminate between procedures to determine the appropriate course of action and tailor actions to meet customer needs Determine when problems need to be escalated to the supervisor Resolve conflicts arising from difficult enquiries Contribute to the identification of workplace hazards Takes initiative to recommend improved processes in immediate work area Accountability Achieve the agreed standard of customer service Achieve assigned targets Balance day to day priorities and modify processes to deliver the service as required Meet supervisor requirements Implement minor changes to work organisation in order to provide high quality customer service Contribute ideas to improve work tasks Work as part of a team, including liaison beyond the local work group Examples (not comprehensive) Visitor Operations / Experience Officer performing a mix of duties eg. Admissions, retail, photography, car park etc. Officer performing a mix of duties eg. Filing, correspondence, processing invoices, ordering, receiving, controlling and issuing goods Presenter / Safari Guide / Ranger delivering presentations from a prepared script Receptionist Sales ConsultantZoos Victoria Salaried Staff Agreement 2022 Page 50 Band 3 General Attributes Work with minimal supervision Develop procedures and work instructions Judgement is required to solve problems arising in own work program Previous relevant work experience required Team leader or graduate in professional work area Expertise Able to develop and modify operational work procedures Able to respond to specific customer needs Degree in relevant professional field Specific knowledge of relevant organisation strategy, policy and regulations Proficient in use of relevant technology eg. MS Office, payroll, finance, stakeholder management, members Complete a number of similar tasks, or a range of related tasks with a common, specified objective Deliver high quality customer service and resolve more complex problems Apply skills and knowledge to assist in training other staff Participate in project teams Prepare documents for review by senior staff Decision-Making Resolve more complex problems through established procedures and instructions Interpret procedures, policies and other organisation documents Escalate problems to the supervisor only after an attempt to resolve Identify and report workplace hazards Improve processes in immediate work area and provide suggestions for improvements in wider area Apply education and training in performing the job Work within established procedures Determine own work plan based on agreed outcomes Accountability Achieve the agreed outcomes of the eZepp Implement changes to work organisation in order to achieve agreed outcomes Contribute suggestions to improve work tasks Work as part of a team and contribute to achievement of team goals Provide sound advice on specific issues related to the work area / project The manager is available to provide guidance Advice is within policy guidelines and professional knowledge Examples (not comprehensive) Team Leader / Supervisor of function where there are more senior staff to call on eg. Visitor experience, fundraising Recently graduated Communications Officer; Human Resources Officer Accounts Payable Officer Program Support for volunteers, education, and conservation programs etc. Visual MerchandiserZoos Victoria Salaried Staff Agreement 2022 Page 51 Band 4 General Attributes Work under broad direction Professional roles requiring specialist expertise Co-ordinators of larger teams, or complex work areas and projects Expertise Co-ordinates a Team Co-ordinates Projects Technical Specialist Apply advanced skills and knowledge to train other staff and document and modify procedures Lead a team and organise their work Demonstrate significant work experience and education / training Manage staff and financial resources for the work area Co-ordinate activities within a function Negotiate performance plans, motivate, encourage and support team members and provide regular and timely feedback on performance Co-ordinate small projects, or established programs, or contribute expertise to teams working on complex projects Apply advanced skills and knowledge to project/program delivery Demonstrate significant work experience and education / training Able to gain co-operation and assistance to achieve set objectives and to influence others to achieve objectives, or reach agreement on schedules or plans Apply advanced skills and knowledge to document and modify procedures and conduct technical investigations Demonstrate significant work experience and education / training Research and apply theoretical knowledge in a specialised field Prepare public documents Decision-Making Apply a variety of techniques, systems, methods or processes in performing the job Apply professional standards, education and training Work within established procedures Recommend and implement changes which improve the efficiency, effectiveness, or quality of work processes Work is governed by precedent, rules, guidelines, procedures or instructions Determine operational service delivery plans for the work area based on established standards Resolve operational problems within guidelines Guidance is available within the time constraint needed to make a decision Determine the work organisation of the work area - schedule, organise, plan, allocate, coach and teach Accountability Provide sound advice and recommendations on specific issues related to the work area / project In non-routine situations, the manager is available to provide guidance Advice is within policy guidelines and professional standards Undertake research, analysis, interpretation and development of options and make recommendations on practical solutions Achieve service delivery targets Plan and conduct projects of defined scope Examples (not comprehensive) Co-ordinator of larger teams/more complex areas: Safari/Slumber; Admissions; Programs; Events; Retail; Volunteers; Marketing Co-ordinator Animal Records Officer Graduate with relevant work experience eg. HR Business Partner; Animal Welfare Specialist Personal AssistantZoos Victoria Salaried Staff Agreement 2022 Page 52 Band 5 General Attributes Design, develop and deliver research projects Develop and review policies and guidelines Manage a section or team of professionals Resolve issues within existing organisation knowledge or professional guidelines Develop forecasts and meet budgets Expertise Manages a Team or Function Manages Projects Senior Technical Specialist Proficient in applying established administrative, clerical or professional disciplines gained through tertiary qualifications and many years experience Lead a professional team making sound recommendations to others on specific issues and subjects Well developed skills in a specialised discipline Manage the integration of tasks within a function Actively influence and convince others to achieve specific requirements Applies negotiation persuasion and motivation skills to manage staff and stakeholders Authoritative in application of processes Proficient in applying established administrative, clerical or professional disciplines gained through tertiary qualifications and many years experience Manage a project, or contribute expertise to a team working on complex projects making sound recommendation to others on specific issues and subjects Well developed skills in a specialised discipline Applies expertise to diverse stakeholders and clients, diverse topics or a wide set of disciplines Actively influence and convince others to achieve specific requirements Applies negotiation and persuasion skills to manage clients and stakeholders Proficient in applying established technical or scientific disciplines gained through tertiary qualifications and many years experience Lead a technical team or project making sound recommendations to others on specific issues / subjects Advanced research skills gained through many years field experience and/or post graduate qualifications Applies expertise to diverse stakeholders and clients, diverse topics or a wide set of disciplines Actively influence and convince others to achieve specific requirements Defines the appropriate methodology in the analysis of policy or research options Conveys specialist concepts and policies to clients, staff and stakeholders Decision-Making Adapt systems, methods, or operational plans that affect the way work is performed by others, including outside the immediate work area Contribute to strategic policy development within a specific field of expertise Develop policies and procedures for approval by Managers/Directors Recommend a course of action based on analysis Manage identified risks which have a whole of site impact Negotiates and manages straightforward contracts and service agreements Accountability Interprets and applies corporate plan and policy to own area of responsibility Accountable for work organisation, the allocation of resources within, and the outputs required of, the work area Recognised reference point within the organisation for their area of expertise Advice provided is based on professional expertise and influences decisions made by others in the development and delivery of programs Advice is provided within policy guidelines and is monitored by positions’ manager Manage a budget Influences local decision-making Examples (not comprehensive) Education Officer Communications Manager Sales Manager Professionals with significant relevant work experience eg. Technical Manager; Accountant; Website ManagerZoos Victoria Salaried Staff Agreement 2022 Page 53 Band 6 General Attributes Manage a larger or complex work unit Operational problem-solving involving detailed analysis and assessment of alternatives and their ramifications is a common feature Expertise Leads a Department Senior Technical/Functional Specialist Identifies and responds to new and emerging strategic issues impacting on the operating environment Initiatives and manages negotiation with peers (internal and external to work unit) to gain commitment to projects and delivery of activities to meeting timelines Represents own work area with external stakeholders and effectively manages feedback Manages an area with significant budget, staff responsibilities or strategic importance Advance managerial capacity to understand the entire organisation and how to meet challenges, explain and contribute to setting the direction of the organisation and formulate approaches that affect the organisation Prepare reports at an authoritative level Provides and receives highly complex, contentious or sensitive information where high levels of negotiation, communication and interpersonal skills are required Explains highly complex concepts, ideas and issues to an executive audience Confidently represent the organisation with external peers Provides authoritative expert advice on complex issues within own area Subject matter expert that conceptualises, initiates, implement, promotes and evaluates complex and innovative technical/functional programs High level expertise in the field or function Decision-Making Participates in strategic planning and contributes to strategic decision making process Resolve complex issues through a process of consultation and negotiation Develop technical or professional standards for the organisation The operating environment may be complex and rapidly changing Determine the appropriate course of action with little guidance available to assist in the decision making process Complex problems, which may break new ground for the organisation, are solved Manages responsibility for tasks which may have impact at an organisation-wide level Accountability Accountable for achievement of established corporate objectives including the formulation and implementation of local business plans Responsible for implementation of strategic corporate initiatives Positions are either the recognised reference point on specific issues or provide strategic advice over organisation wide issues including major programs. The advice often relates to organisation effectiveness Examples (not comprehensive) Managers of large and/or complex departments eg. Works, Horticulture, Education, Grants, Fundraising, Membership Program, Volunteer Program, Precincts, Commercial Contracts Senior Advisor Health and Safety VeterinariansZoos Victoria Salaried Staff Agreement 2022 Page 54 Band 7 General Attributes Head of a significant department which impacts broadly across a campus, or the organisation generally Responsible for significant operational budgets Shape organisation-wide priorities and strategies Identifies and respond to new and emerging strategic issues impacting on the operating environment Operating environment is complex Provides expert advice Manages, monitors and evaluates programs Expertise Lead a Large or Complex Department Technical/Functional Expert Highly specialised commercial, scientific or administrative expertise Advance managerial capability Responsible for significant multi-disciplinary workforce Understands the organisation and its challenges in order to develop business plans and to contribute to strategic plans Manages significant and complex resources Influences stakeholders holding competing priorities and views Negotiates to resolve differences to achieve agreement to program Responsible for service development that has significant impact across function areas Leads strategic corporate initiatives Highly specialised technical or function expertise Acknowledged as a technical/functional expert within the organisation Generate and lead original research of significant international importance and impact Develops and manages organisation-wide plans and complex processes Leads original research into complex, sensitive or contentious scientific matters Influences stakeholders holding competing priorities and views Provides advice to government, SET, the Board and key external stakeholders Area of expertise and responsibility is complicated by the scale and difficulty of the issues Decision-Making Responsible for managing risks which may have impact at an organisation-wide, Board or Ministerial level Frequently involved in the resolution of complex problems where they must determine the appropriate course of action. The resolution may break new ground for the organisation Required to interpret general policy framework to make decision kin the absence of definitive operations policies Advice or guidance is not readily available to assist in the decision making process Initiates and manages negotiation with peers (internal and external to work unit) to gain commitment to projects and delivery of activities to meet timelines Accountability Develop responses to complex issues Develop organisation-wide policies Provide expert advice or counsel Work strategically with external Government and industry bodies Responsible for meeting service objectives, including financial, quality and time relate targets Examples General Managers with significant strategic, and/or budget responsibility Senior Scientist11 July 2022 FWC Matter No.: AG2022/4472 Dear Commissioner Wilson RE: Zoos Victoria Salaried Staff Agreement 2022 Written undertakings under section 190 of the Fair Work Act 2009 I, Jantine Eddelbuttel, Director – Human Resources of Zoological Parks and Gardens Board (Zoos Victoria) give the following undertakings with respect to the Zoos Victoria Salaried Staff Agreement 2022 (Agreement): 1. I have the authority given to me by Zoos Victoria (ZV) to provide this undertaking in relation to this application before the Fair Work Commission. 2. Clause 31. Casual employment Clause 31.3 - ZV confirms that Casual Rates of pay set out in this Agreement are inclusive of the 25% casual loading. Casual rates of pay are set out at Appendix C – Schedule of Casual Rates to this Agreement and include compensation for the nature of casual work and for paid leave (excepting long service leave). This schedule also includes weekend penalty rates for casuals: 3. Clause 46 Overtime Clause 46.1 - ZV confirms that this clause does not apply to employees classified at Band 6 or above and only applies to part-time staff required to work outside the span of hours. 4. Clause 35 Shift Allowances Clause 35.1 - ZV will introduce a Night shift, an unbroken period of work finishing after midnight and at or before 8.00 am. The allowance will be 15% for a rotating shift and 30% for a non-rotating shift. 5. Clause 28 – Irregular Part-Time Employment Currently ZV does not have any employees classified as ‘Irregular Part-Time APPENDIX C SCHEDULE OF CASUAL RATES 2% increase effective from 03/10/2022 M-F rate Saturday rate Sunday rate $30.50 $45.75 $61.00 $33.90 $50.85 $67.80 $37.58 $56.37 $75.16 $44.03 $66.05 $88.06 $48.89 $73.34 $97.78 Casual - Trainess ( 152 hours service) Details of payrate General Duties Casual - ticket seller, carpark Professional Duties Casual - safari guide, ranger, Supervisor or Finance Casual Teacher • aazoos VICTORIA ---- I I - ~ ~ - - - r VICTORIA ZOOSEmployment’ and we do not foresee this clause being applied in future. No employee will be classified as an Irregular Part-Time Employee over the life of this agreement. 6. Clause 34 Camps Currently ZV does not use the Half Camp rate. No employee will be paid a Half Camp rate over the life of this agreement. ZV will pay the following Full Camp rates. Signed for and on behalf of the employer. Jantine Eddelbuttel Director Human Resources a&~zoos WERRIBEE MELBOURNE HEALESYILLE VICTORIA APPENDIX D SCHEDULE OF RATES FOR CAMPS Effective from 03/10/2022 Detail:s of camp Rates M onday t o Fri to Sat Sat-Sun Sun-M on Thursday camp camp camp Increase 2.00% camp Full Camp {Total payment, no other allowance may be $566.29 $585.33 $743 .17 $743 .. 17 claimed) - APPENDIX D SCHEDULE OF RATES FOR CAMPS Effective from 03/10/2022 Details of Camp Rates Monday to Fri to Sat Sat-Sun Sun-Mon Thursday camp camp camp Increase 2.00% camp Full Camp (Total payment, no other allowance may be $585.33 $743.17 $743.17 claimed} $566.29ZOOS CTO