TAC Enterprise Agreement 2021 - 2025

1

Fair Work Act 2009 
s.185—Enterprise agreement

Transport Accident Commission (TAC) T/A Transport Accident 
Commission
(AG2021/9275)

TAC ENTERPRISE AGREEMENT 2021 - 2025

State and Territory government administration

DEPUTY PRESIDENT MASSON MELBOURNE, 17 FEBRUARY 2022

Application for approval of the TAC Enterprise Agreement 2021 – 2025.

[1] An application has been made for approval of an enterprise agreement known as the 
TAC Enterprise Agreement 2021 – 2025 (the Agreement). The application was made pursuant 
to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transport Accident 
Commission (TAC) T/A Transport Accident Commission. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work 
Regulations 2009 is taken to be a term of the Agreement. 

[5] I note that clause 63.1(b) may be inconsistent with the National Employment 
Standards. Given the National Employment Standards precedence clause at clause 4.2 of the 
Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] 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 547

DECISION


AUSTRALIA FairWork Commission












[2022] FWCA 547

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[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
24 February 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE515006  PR738477


OF THE FAIR MOR! THE FAIR USTRALIA O OMMISSION THE SE




 



[2022] FWCA 547

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Annexure A


TAC Transport Accident Commission 7 February 2022 IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/9275 Applicant: Transport Accident Commission (TAC) Section 185 - Application for approval of a single enterprise agreement Undertakings - Section 190 I, Peter Thomas, Senior Manager People & Culture Operations have the authority given to me by the TAC to give the following undertakings with respect to the TAC Enterprise Agreement 2021 - 2025 ("the Agreement"): 1. The TAC undertakes that despite the operation of clause 14.6 of the Agreement, payment for part- time employment must be for not less than 3 consecutive hours in any day worked except where the employee works from home by agreement with the TAC; or in exceptional circumstances. 2. The TAC undertakes that all employees are paid above the minimum Award rate to compensate for the span of hours 7am - 7pm (AEST/AEDT), Monday to Friday, despite the operation of clause 15.1(a). 3. The TAC undertakes that reference to shift allowances is not applicable in clause 17 of the Agreement, the TAC does not employ shift workers. Job group 1 - 6 employees will be remunerated in accordance with overtime provisions only, where applicable. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Peter Thomas Senior Manager, People & Culture Operations On behalf of the Transport Accident Commission 11.02.2022 Date 1300654 329 / 1800 332 556 DX 216079 Geelong 60 Brougham St Geelong Victoria 3220 ABN. 22033 947 623 tac.vic.gov.au VICTORIA State Government




 



 

 

 

 

 

 

 

 

 

 

 

 

TAC 

Enterprise 
Agreement 

 

 
 

 
 

 
 

 

 
 

 
 

 

 
 

 
 

 
 

 

 
 

 
 

 

 
 

 
 

 

 
 

 
 

 
 

 

 
 

 
 

 

 
 

 
 

 
 

 






  

  

Valos
Flexibility and Undertaking



1  

Preamble 

 

The Transport Accident Commission (TAC) is a Victorian Government-owned organisation, 
established under the Transport Accident Act 1986, whose role is to promote road safety, support 
those who have been injured on our roads and help them get their lives back on track. 
 

The TAC Enterprise Agreement provides a platform from which the TAC is able to continue to 
retain and reward its employees and provide a sustainable foundation for the organisation to 
meets its strategic goals. 

 
 
    
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  

Our Vision: 

To be the world’s safest place for road travel 

 

Our Mission: 

To champion road safety and help those  

injured get their lives back on track 

 

We value life. 
 

We deliver world-class road safety 
initiatives to save lives. 

We value quality of life for our clients, 
and treat them with care and respect 

to get their lives back on track. 
We value the wellbeing of our people. 

 
We make every conversation count. 

 
We understand that trust is built and 

reinforced, one conversation at a time. 
We ensure every conversation with 
colleagues, clients, partners and our 

community is authentic, is heard and is 
acted on. 

 
We make the complicated simple. 

 
We remove the barriers that get in the 

way of achieving the very best 
outcome for our clients, and in doing 

so, simplify processes and interactions. 
 

Our Values: 

 
We will find a better way, today. 

 
We aim to be the world’s best, and we 
are bold and brave in seeking better 

ways to care for our clients and 
eliminate road trauma. Our people are 

empowered to achieve success for 
our clients through innovation and 

creativity. 








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Table of Contents 

 

1. Title............................................................................................................................................. 5 

2. Definitions and Interpretation ................................................................................................. 5 

3. Parties Covered by this Agreement ........................................................................................ 6 

4. Operation of Agreement .......................................................................................................... 6 

5. Diversity and Inclusion ............................................................................................................ 6 

6. Consultation .............................................................................................................................. 7 

7. Right of Representation ........................................................................................................... 8 

8. CPSU Official Right of Entry .................................................................................................... 9 

9. Performance and Development ............................................................................................... 9 

10. Patience in Bargaining Payment ............................................................................................. 9 

11. Operational Agility Principles and Payment .......................................................................... 9 

12. Secure Employment ............................................................................................................... 11 

13. Probationary Period ............................................................................................................... 11 

14. Employment Categories ........................................................................................................ 11 

15. Hours of Work ......................................................................................................................... 12 

16. Flexi-time arrangements for job groups 1 - 5 ...................................................................... 13 

17. Business Resumption Provision .......................................................................................... 13 

18. Overtime .................................................................................................................................. 14 

19. Public Holidays ....................................................................................................................... 15 

20. Individual Flexibility Arrangement ........................................................................................ 16 

21. Flexible Working Arrangements – Specific Circumstances ................................................... 17 

22. Salary ....................................................................................................................................... 18 

23. Superannuation ...................................................................................................................... 18 

24. Higher Duties Allowance .......................................................................................................... 18 

25. Gender Equality ...................................................................................................................... 19 

26. Corporate Incentive Plan ....................................................................................................... 21 

27. Accident Make Up Pay ........................................................................................................... 21 

28. Salary Packaging .................................................................................................................... 22 


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29. Expenses ................................................................................................................................. 22 

30. Costs of Employment Related Legal Proceedings ............................................................. 22 

31. First Aid Allowance ................................................................................................................ 23 

32. Annual Leave .......................................................................................................................... 23 

33. Purchased Leave .................................................................................................................... 24 

34. Deferred Salary Scheme ........................................................................................................ 25 

35. Long Service Leave ................................................................................................................ 25 

36. Personal/Carer’s Leave .......................................................................................................... 26 

37. Compassionate Leave ............................................................................................................ 29 

38. Family Violence Leave ........................................................................................................... 29 

39. Disability Leave ....................................................................................................................... 31 

40. Gender Affirmation Leave ...................................................................................................... 31 

41. Community Leave ................................................................................................................... 32 

42. Leave for Blood Donations ..................................................................................................... 32 

43. Jury Duty Leave ........................................................................................................................ 32 

44. Wellbeing and Social Leave ................................................................................................... 33 

45. Leave to engage in Voluntary Emergency Management Activities ................................... 33 

46. Defence Force Leave .............................................................................................................. 33 

47. Volunteering Leave................................................................................................................. 34 

48. Cultural and Ceremonial Leave ............................................................................................. 34 

49. Leave to participate in the First Peoples’ Assembly of Victoria ........................................ 34 

50. Parental Leave ........................................................................................................................ 35 

51. Surrogacy Leave ..................................................................................................................... 44 

52. Foster and Kinship Care Leave ............................................................................................. 45 

53. Assisted Reproductive Treatment Leave ............................................................................. 46 

54. Special Leave .......................................................................................................................... 46 

55. Leave Without Pay .................................................................................................................. 46 

56. Study Leave ............................................................................................................................. 46 

57. Training Leave ........................................................................................................................ 47 

58. Occupational Health and Safety ............................................................................................ 47 

59. Gendered Violence ................................................................................................................. 49 








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60. Dispute Settling Procedures ................................................................................................. 49 

61. Management of Unsatisfactory Work Performance and/or Behaviour ............................. 51 

62. Misconduct .............................................................................................................................. 53 

63. Termination of Employment .................................................................................................. 53 

64. Redeployment ......................................................................................................................... 54 

Schedule A - TAC Job Group Structure ....................................................................................... 55 

Schedule B - Salaries ..................................................................................................................... 56 

 
  








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1. Title 

This Agreement may be referred to as the TAC Enterprise Agreement 2021 - 2025. 

 
2. Definitions and Interpretation 

Unless the contrary intention appears, the meaning of the following defined terms in this 
Agreement are: 

 

Term Meaning 

Agreement The TAC Enterprise Agreement 2021 – 2025. 

CPSU The Community and Public Sector Union. 

Child Unless otherwise defined: 

(a) someone who is a child of the employee within the meaning of 
the Family Law Act 1975 (Cth), and 

(b) an adopted child or step-child of the person. 

It doesn’t matter if the child is an adult. 

De Facto 

Partner Unless otherwise defined: 

(a) a person who, although not legally married to the employee, 
lives with the employee in a relationship as a couple on a 
genuine domestic basis; and 

(b) includes a former de facto partner of the employee. 

Employee A person who is employed by the Transport Accident 
Commission. 

FWC Fair Work Commission or its successor. 

Fair Work 

Act 2009 

(Cth) and 

FW Act 

That Act, as may be amended from time to time and any 
successor to that Act. 

Immediate 

Family 
Unless otherwise defined: 

(a) spouse, de facto partner, child, parent, grandparent, 
grandchild or sibling of the employee; or 

(b) a child, parent, grandparent, grandchild or sibling of a 
spouse or de facto partner of the employee. 

NES National Employment Standards. 

Party or 

Parties 
Unless otherwise stated, the Transport Accident Commission, the 
CPSU or employees to whom this Agreement applies. 

Public 

Holiday 
A day that is a public holiday pursuant to clause 19. 

Salary 
The wage or salary rate, which an employee receives in the 
normal course of their duty; provided that salary does not include 
any payment for overtime, incidental expenses, additional 
allowances, bonuses or any payment of a temporary character. 








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Term Meaning 

TAC The Transport Accident Commission. 

Union The Community and Public Sector Union (CPSU). 

 
3. Parties Covered by this Agreement 

3.1 The parties covered by this Agreement are: 

(a) the Transport Accident Commission (TAC); 

(b) all job group 1 - 6 employees; and 

(c) the CPSU. 

3.2 This Agreement does not apply to an employee on an executive contract with the TAC. 

 
4. Operation of Agreement 

4.1 This Agreement is a comprehensive agreement and operates to the complete exclusion of 
all awards, other industrial instruments and agreements. 

4.2 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 avoidance of doubt, if there is any 
inconsistency between this Agreement and the NES to the detriment of an employee, the 
NES will prevail.  

4.3 No employee will, on balance, have their overall pay and conditions reduced as a result of 
the making of this Agreement. 

4.4 Duration of Agreement 

(a) This Agreement will commence operation 7 days after approval by the Fair Work 
Commission. 

(b) The nominal expiry date of this Agreement is 30 June 2025. 

(c) The parties agree to commence discussions and negotiations in order to replace this 
Agreement no later than 6 months prior to its expiration. 

4.5 Employees to whom this Agreement applies will receive: 

(a) Salary increases as provided for in clause 22 (Salary), with the first increase payable 
with effect from 30 September 2021; and 

(b) Increases to allowances, with the first increase payable with effect from 30 
September 2021. 

4.6 Salary and allowance increases payable for the period between 30 September 2021 and 
the commencement of the Agreement will be made as soon as reasonably practicable 
after the Agreement commences operation. 

4.7 Alterations to conditions of employment provided for in this Agreement will apply with 
effect from the commencement date of this Agreement, unless otherwise stated. 

4.8 No Extra Claims 

There will be no extra claims relating to the terms and conditions of employment during 
the life of this Agreement, subject to clause 4.4(c). 

 
5. Diversity and Inclusion 

5.1 It is the intention of the parties to this Agreement to: 

(a) aspire to the overall vision of the TAC’s Diversity and Inclusion strategy, which is to: 

(i) ensure a workplace which is as diverse as the community we serve; 








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(ii) take a leadership position as a champion of diversity; and 

(iii) harness the power of diversity to improve our service delivery and client 
experience. 

(b) 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 or carer’s responsibilities, pregnancy, religion, 
political opinion, national extraction or social origin or any other prohibited ground of 
discrimination. 

5.2 Accordingly, in fulfilling their obligations under clause 60 (dispute setting procedures), the 
parties must make every endeavor to ensure that neither the Agreement provisions nor 
their operation are directly or indirectly discriminatory in their effects. 

5.3 Nothing in this clause is to be taken to affect: 

(a) any different treatment (or treatment having different effects) which is specifically 
exempted under the Commonwealth and State anti-discrimination legislation and all 
Victorian law; 

(b) an employee, the TAC or registered organisation pursuing matters of discrimination 
in any State or Federal jurisdiction, including by application to the Human Rights and 
Equal Opportunity Commission; or  

(c) sections 351(1) and 772, and the exemptions in section 351(2), of the FW Act. 

 
6. Consultation 
6.1 Where the TAC has developed a proposal for major change that is likely to have a 

significant effect on employees, such as a restructure of the workplace, the introduction of 
new technology, substantial changes to conditions of employment, or significant changes 
to the existing policies and work practices of its employees, the TAC will advise the 
affected employees and the CPSU: 
(a) of the proposed change as soon as practicable after the proposal has been made 

and before the change is implemented; 
(b) of the likely effects on the employees’ working conditions and responsibilities; 
(c) of the rationale and intended benefits of any change. 

6.2 The TAC will regularly consult with affected employees and/or their appointed 
representative, and the CPSU and give genuine and prompt consideration in writing to 
matters/issues or any alternatives raised by the employees or the CPSU. 

6.3 Where appropriate, the TAC will provide training for employees affected by a restructure 
of the workplace, the introduction of new technology or a substantial change in existing 
work practices, to assist them to integrate successfully into the new structure or adapt to 
changes in work practices. 

6.4 Employees and/or their appointed representative or the CPSU may submit alternative 
proposals to the TAC in writing and the TAC will discuss and consider these proposals 
fully. Such proposals must be submitted within 21 days of being notified of the proposed 
change so as not to lead to an unreasonable delay in the introduction of any proposed 
change. The TAC will provide a response to the alternative proposals within 21 days of 
their receipt. 

6.5 If either party has genuine and reasonable grounds for needing additional days, either 
party may request an extension of up to a maximum of 10 additional business days, under 
this clause. Consent for an extension will not be unduly denied, however if consent is not 
provided, the party seeking the extension may apply to the FWC directly under clause 
60.8 without following the prior steps under clause 60 (Dispute Settling Procedures). 

6.6 Consultation about changes to rosters or hours of work 

(a) Where the TAC proposes to change the regular roster or ordinary hours of work of 
employees, the TAC will consult with the affected employees about the proposed 
change. 








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(b) The TAC will: 

(i) commence the consultation as early as practicable; 

(ii) provide to affected employees all relevant information about the proposed change; 

(iii) invite the affected employees to give their views about the impact of the proposed 
change (including any impact in relation to their family or caring responsibilities); 
and 

(iv) give prompt consideration to any views about the impact of the proposed change 
that are given by the employee or employees concerned. 

6.7 Affected employees may appoint a representative for the purposes of the procedures in this 
clause. 

 
7. Right of Representation 

7.1 An  employee (whether individually or collectively) in any dealings with the TAC is entitled 
to be represented by a nominated employee representative, which may include a CPSU 
representative, in relation to any matter arising from, or in connection with, this 
Agreement. 

7.2 For the purposes of communication on matters relating to this Agreement, a nominated 
employee representative may, on request to the TAC, utilise the TAC’s kitchen notice boards, 
including the use of electronic email facilities and have access to meeting room facilities (if 
available). 

7.3 A nominated employee representative will be provided with reasonable time off from normal 
duties for such periods of time as is necessary to enable them to carry out representative 
functions pertaining to employment matters arising from this Agreement, subject to 
operational requirements. These functions may include attendance at CPSU branch council 
meetings, representation of employees, participation in bargaining and other consultation 
processes or any other representative function agreed to by the TAC. 

7.4 Induction 

A representative of the CPSU may attend an induction session for new employees, at a 
time convenient to the TAC, to explain their role and functions in consultative and dispute 
resolution processes provided for under this Agreement. 

7.5 Consultative forum 

(a) The TAC and the CPSU commit to effective consultation to enable timely resolution 
of issues affecting the TAC and its employees. 

(b) The TAC and the CPSU agree to maintain a regular consultative forum. This forum 
will be facilitated by People and Culture and attended by TAC management decision 
makers and the CPSU or their nominated representative(s). 

(c) This forum may include but not limited to: 

(i) Support and facilitate the effective implementation and monitoring of the 
operation of this Agreement; 

(ii) Provide a forum to discuss any issues or concerns arising from the operation of 
this Agreement; 

(iii) Provide an opportunity for attendees to be informed about proposed changes 
likely to have significant impact upon employees; 

(iv) Afford an opportunity for consultation on matters affecting employees; and 

(v) Regularly review workplace policies and address workplace matters through the 
forum. 

(d) Consultation under clause 6 of this Agreement can take place as deemed necessary 
without a scheduled consultative forum. 

 

 








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8. CPSU Official Right of Entry 

For the purpose of investigating a suspected contravention of this Agreement, a permit 
holder of the CPSU will be allowed access to the TAC’s premises to meet with the 
employee(s) whose industrial interests the CPSU is entitled to represent, and who perform 
work on the premises. The meeting must occur only during normal work hours, on the 
provision that any such meeting or access does not disrupt the work of the business. 

 
9. Performance and Development 

9.1 An organisation-wide approach to performance coaching and employee development is 
integral to achieving the TAC’s strategy and business plan. 

9.2 The Performance and Development framework is used to establish and communicate 
team and individual work objectives and accountabilities, facilitate feedback and 
discussion of progress, support employees in their work challenges and enable 
employees in developing the skills and capabilities needed to facilitate their growth and 
performance. 

9.3 Legal Officers 

In recognition of the legal services provided in house at the TAC, the TAC will continue its 
commitment to develop and maintain career paths of employees and the maintenance of 
mandatory legal qualification, continuing legal education (including specialist accreditation 
where applicable), and practicing certificates required to undertake legal practice for the 
TAC. 

 
10. Patience in Bargaining Payment 

10.1 A one-off patience in bargaining payment of $500 will be paid to full-time employees (pro- 
rata for part-time employees) who have been continuously employed by the TAC and 
have continuously worked between 1 July 2021 and the commencement date of this 
Agreement. 

10.2 Full-time employees employed at the commencement date of this Agreement who 
commenced employment with the TAC after 1 July 2021 will receive a payment 
commensurate with their length of service with the TAC (commensurate payment will be 
pro-rata for part-time employees). 

10.3 Any period of leave without pay between 1 July 2021 and the commencement date of this 
Agreement will reduce the payment commensurate with the period of leave without pay 
(including to a nil amount), with the exception of any period of unpaid leave taken during 
the first 52 weeks of primary caregiver parental leave under clause 50.4. 

10.4 The patience in bargaining payment will be made to eligible employees following approval 
of this Agreement by the Fair Work Commission. 

 
11. Operational Agility Principles and Payment 

11.1 This Agreement will be interpreted and applied consistently with the following principles 
aimed at promoting workforce agility and flexibility in recognition that:  

(a) The work required at a modern organisation is not static but always changing, due to 
factors such as new government priorities, technological advancement, changing 
service delivery expectations and the need to respond to evolving complex public 
policy or crisis. 

(b) All TAC employees are required to participate to support evolving TAC priorities. 

11.2 The principles set out above will be operationalised over the life of the Agreement, 
through a range of changed work practices and continued service delivery changes. 
These may include, for example but not limited to: 

(a) Employees being reassigned on a temporary basis to priority projects or programs 
across the TAC based on their core skills and capabilities, rather than being limited to 
a specific role. 








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(b) Interdisciplinary project teams which change in size and composition over time, with 
shared resources and/or reporting lines outside traditional hierarchical structures or 
across departmental boundaries. 

11.3  All employees will be paid an annual lump sum operational agility payment: 

(i) in recognition of the commitment to the principles outlined in clause 11.1 of the 
Agreement; 

(ii) in recognition of the fact that work required of a modern TAC is not static but 
always evolving; 

(iii) to acknowledge the commitment required by all employees to ensure they can 
be responsibly allocated tasks consistent with their job group, skills and 
capability to support changing government priorities/initiatives. 

11.4 The operational agility payment will be made as a once off lump sum payment on the 
dates specified in Table 1 to all employees (pro-rata for part-time employees and 
casuals). 

Table 1 – Schedule for payment of operational agility payment. 

 

Date of effect Amount 

23 May 2022 $1250 

23 May 2023 $1275 

23 May 2024 $1300.50 

23 May 2025 $1326.50 

 

11.5 To be eligible for this payment, employees must be employed with the TAC on the date of 
the scheduled payment. Anyone employed after the date of the scheduled payment will be 
deemed ineligible and will not be eligible to receive payment of the allowance until the 
next scheduled payment as outlined in Table 1. 

The following employees are not eligible or will receive a pro-rata payment for the 
Operational Agility Principles and Payment: 

(a) Employees who take unpaid leave for the 12 months immediately prior to the 
scheduled date of payment (other than during the first 52 weeks of parental leave) 
will not be eligible for any payment. 

(b) Employees who take a period of unpaid leave during the payment period (other than 
during the first 52 weeks of parental leave) will receive a pro-rata payment. 

For example: 

• an employee on unpaid leave for 9 months immediately prior to the 
scheduled date of payment would be eligible for a quarter of the total 
payment; or 

• an employee on unpaid leave for 1 week would get 51/52 of the payment. 

(c) Employees who commence employment with the TAC at any time between each 
operational agility payment cycle will be paid pro-rata for their period of employment. 

For example: 

• an employee who commenced on 23 April will be paid pro-rata for the period 
between 23 April and 23 May on the date of scheduled payment. 

11.6 Workforce agility initiatives are not intended to adversely affect employees’ overall 
employment security or otherwise disadvantage employees in their employment. In 
particular: 

(i) The TAC will designate a line manager for personal development, wellbeing, 
performance assessment and related support. An employee may report to a 








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number of different managers for projects or work activities. The line manager 
may consult with the employee’s different project or work activity managers in 
assessing an employee’s performance. The designated line manager will ensure 
an employee’s reporting arrangements are clear; and 

(ii) An employee’s participation in workforce agility initiatives will not place that 
employee at a disadvantage for the purposes of performance development and 
progression; and 

(iii) The TAC will at all times apply the appropriate job group classification, and 
where applicable, higher duties allowance, to work performed by an employee; 
and 

(iv) The TAC will comply with its obligations under the Agreement and section 65 of 
the FW Act regarding flexible work arrangements and will ensure that an 
employee’s need for flexible work arrangements is taken into account in 
implementing agility initiatives; and 

(v) The TAC will comply with its obligations under the Agreement and the 
Occupational Health and Safety Act 2004 (Vic) when implementing agility 
initiatives; and 

(vi) Agility initiatives will not disadvantage an employee in their terms and conditions 
of employment; and 

(vii) Nothing in this clause removes the requirement to consult where major change 
is likely to have significant effects on employees as prescribed by clause 6. 

 
12. Secure Employment 

12.1 The TAC will give preference to ongoing forms of employment over casual and fixed -term 
arrangements wherever possible.  

12.2 Where the CPSU or affected employees identify fixed-term or casual employment that is 
considered not to meet the criteria established in clauses 14.3(c) and 14.4(a), the CPSU 
or affected employees will refer the matter to the TAC. If the parties cannot resolve the 
matter, it will be dealt with under clause 60 (Dispute Settling Procedures). 

 
13. Probationary Period 

13.1 A new employee will be employed on a probationary basis for a period of 3 months. 
During the probationary period, the TAC will monitor the performance and behaviours of 
the new employee to determine their ability to meet the job requirements.  

13.2 If at the end of the 3 month probationary period the employee has satisfied performance and 
behaviours expected of the role then the appointment will be confirmed. If the 
performance and behaviours are not satisfactory, the TAC may seek to terminate 
employment or may extend the probationary period by a further 3 months. 

 
14. Employment Categories 

14.1 An employee may be employed as a: 

(a) permanent employee; 

(b) fixed-term employee; or 

(c) casual employee. 
 

14.2 Permanent employee 

A permanent employee is employed on an ongoing basis for either full-time or part-time 
hours. 

14.3 Fixed-term employee 

(a) A fixed-term employee is an employee engaged to work for a specified period of time, or 








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on a specified task. A fixed-term employee is employed for either full-time or part-time 
hours. 

(b) Except for specific clauses in this Agreement, such as redeployment, a fixed-term 
employee is eligible for all of the provisions of this Agreement. A fixed-term employee 
will accrue personal leave and annual leave on a pro-rata basis. 

(c) The TAC will not use fixed-term contract positions for the purpose of undermining the 
job security or conditions of full-time ongoing employees. In accordance with this 
principle, the use of fixed-term employment in all areas covered by this Agreement is 
limited to: 

(i) replacement of employees proceeding on approved leave; 

(ii) meeting fluctuating client and employment needs and unexpected increased 
workloads; 

(iii) undertaking a specified task which is funded for a specified period; 

(iv) filling a vacancy resulting from an employee undertaking a temporary 
assignment or secondment; 

(v) temporarily filling a vacancy where, following an appropriate selection process, a 
suitable ongoing employee is not available; or 

(vi) filling a vacant role while a review of the area is undertaken, provided that such 
appointment does not exceed a period of twelve months. 

14.4 Casual employee 

(a) A casual employee is an employee engaged for the purpose of ad-hoc or irregular 
work (on an ad-hoc short term intermittent basis only). 

(b) A casual employee will be paid a loading of 25 per cent in addition to the hourly base 
salary that would be paid to a permanent employee performing a similar range of 
duties. The loading is in lieu of all paid leave (other than long service leave), public 
holidays not worked and to compensate for the nature of casual work. 

(c) A casual employee will be paid with a minimum payment of 4 hours if required for 
duty. 

(d) Except for specific clauses in this Agreement, a casual employee is eligible for all of 
the provisions of this Agreement. 

(e) The following clauses do not apply to casual employees: Salary Packaging, 
Corporate Incentive Plan, Purchased Leave, Deferred Salary, Annual Leave, 
Permanent Care Leave, Leave Without Pay, Study Leave, Community Leave, 
Probationary Period, Redeployment, Public Holidays, Time Off for Work Outside 
Inherent Requirements.  

(f) A casual employee will be paid double time and a half for hours worked on a listed 
public holiday as provided in clause 19. 

14.5 Full-time hours 

A full-time employee is an employee who is engaged as such and works an average 76 
hours per fortnight (excluding overtime and meal breaks). 

14.6 Part-time hours 

(a) A part-time employee is an employee who is engaged as such and works on average 
less than 76 hours per fortnight. 

(b) A part-time employee is eligible for all of the provisions of this Agreement that apply to 
full-time employees, but on a pro-rata basis in accordance with the number of hours that 
they are engaged to work. 

 
15. Hours of Work 

15.1 Ordinary hours for job groups 1 - 5 

(a) Ordinary full-time hours will be an average of 76 hours per fortnight (exclusive of 








13  

meal breaks), worked between 7am and 7pm (AEST/AEDT), Monday to Friday. 

(b) An employee’s ordinary hours of work will include an average of at least 2 
consecutive days absence from work each week. 

(c) No more than 11 hours can be counted as ordinary per day. 

(d) All arrangements for ordinary hours will include a requirement for a minimum 30 
minute meal break after 5 hours. 

15.2 Ordinary hours for job group 6 

Ordinary full-time hours for employees in job group 6 will be an average of 76 hours per 
fortnight (exclusive of meal breaks), worked between 7am and 7pm (AEST/AEDT), 
Monday to Friday, and such reasonable additional hours as may be required. 

15.3 All employees can request flexible work arrangements. Any discussions on working hours 
will be based on balancing the needs of the individual, team and the TAC’s delivery of 
services to our clients and stakeholders. 

 
16. Flexi-time arrangements for job groups 1 - 5 

16.1 Flexi-time arrangements apply to positions compensated at job-groups 1 - 5. 

16.2 Flexi-time must be worked between the standard hours of 7am and 7pm (AEST/AEDT) 
Monday to Friday. 

16.3 For the purposes of calculating flexi-time, an employee cannot record more than a 
maximum total of 9 hours and 30 minutes in any one working day. 

16.4 If the work commitments of a position mean that flexi-time arrangements are not 
appropriate in the circumstances then the immediate manager will consult with the 
relevant employee/s. In this event the immediate manager and employee/s will discuss 
the working hours arrangements required and will agree on one of the following 
arrangements which best suit the business needs of the area/department/division: 

(a) standard TAC working hours are 7 hours and 36 minutes per day; or 

(b) 9 day fortnight; or 

(c) 19 days in a 4 week period; 

(d) a variation to the standard working arrangement in that an employee may start or finish 
earlier or later than the standard working hours (must be within the span of hours listed 
in clause 15.1(a)); or 

(e) a variation in that work may be performed over a reduced number of attendances during 
a working week although the ordinary hours shall average 38 hours a week (overtime will 
not be payable in this event). 

16.5 Where possible, employees will be required to take responsibility with management for 
working together with other team members to ensure an adequate level of resources are 
available to meet business requirements. In circumstances where staffing levels reach a 
critical level due to unplanned and planned leave in a work unit, management, in 
consultation with employees, will have the discretion to direct an employee to reschedule 
planned flexi-leave. However, if flexi-leave is to be rescheduled, management must make 
all attempts to reschedule the planned flexi-leave as soon as is practicable to the 
employee. 

 
17. Business Resumption Provision 

In the event of a disaster recovery/business resumption event, the TAC can direct its 
employees to work extended hours including shifts during this interim period to enable 
effective business resumption. These arrangements will be undertaken in consultation 
with employees. All job group 1 – 6 employees will be remunerated in accordance with the 
overtime provisions or shift allowances, where applicable. 

 








14  

18. Overtime 

18.1 The TAC may require an employee to work reasonable amounts of overtime, which will be 
subject to the following conditions: 

(a) Overtime is hours worked outside of ordinary hours and are additional to an 
employee’s ordinary hours of work; 

(b) Overtime may only be worked with prior authorisation from the TAC; 

(c) A minimum of 3 hours overtime will be paid in circumstances where overtime is not 
continuous with an employee’s ordinary hours; 

(d) Where an employee (either full-time or part-time) is required to work overtime on 
weekends, overtime rates of pay will be applicable; 

(e) A part-time employee who is directed by their manager to work in excess of their 
contracted hours will receive the applicable overtime rates. 

(f) Where a part-time employee works hours in excess of their contracted hours that is 
part of a flexi-time arrangement, overtime rates will not be applicable. Overtime rates 
will be applicable if the hours worked is greater than 76 ordinary hours within any one 
fortnightly pay period. 

(g) Where an employee is requested to work overtime at short notice, due consideration 
should be given to the employee’s family responsibilities and commitments; 

(h) Job groups 5 and 6 employees are not eligible for payment of overtime, unless 
exceptional circumstances apply and an employee is directed to work overtime by the 
TAC. 

18.2 Time off in Lieu 

An employee may elect to take off in lieu of payment for overtime worked on the following 
basis: 

(a) for overtime worked on a Monday to Friday - on an hour for hour basis; 

(b) for overtime worked on a weekend or public holiday - 2 hours of time in lieu per hour 
worked. 

18.3 Payment of Overtime 

Where an employee is eligible for the payment of overtime, the following rates will apply: 

 

Overtime worked 
Overtime rate                    

(% of ordinary hourly rate) 

Monday to Saturday – first 3 hours 150% 

Monday to Saturday – after 3 hours 200% 

Sunday - in all cases except public holidays 200% 

Public holiday or substituted day (including casual 
employees who work on a listed public holiday) 

 

250% 

 

18.4 Overtime Meal Allowance  

An overtime meal allowance will be paid after the first 2 hours overtime and after each 
subsequent 4 hours. The allowance will be determined by reference to the reasonable 
overtime meal allowance expense published by the Australian Taxation Office. 

18.5 Breaks 
 

(a) A meal break of at least 20 minutes must be taken between ordinary hours worked 








15  

and any overtime performed, except with the agreement of the TAC and the 
employee. 

(b) Wherever practicable, employees should have at least a 10 hour break between work 
on successive days. The employee will suffer no loss of pay if the 10 hour break is 
taken during their normal ordinary hours of attendance. 

(c) If, at the request of the TAC, an employee resumes work without having a full 10 hour 
break, the employee will be paid at time and one half of the employee’s hourly rate 
until such time the employee is provided with a 10 hour break. 

18.6 Overnight stays 

Where an employee is directed by the TAC to travel intrastate or interstate and, as a 
result, is away overnight, time off to a maximum of 3 hours of travel time per day may be 
negotiated on an hour for hour basis. This agreed time should be taken within 14 calendar 
days either side of its accrual unless the TAC’s business needs require otherwise. 

18.7 Childcare 

Where an employee is required by the TAC to work outside their ordinary hours of work 
and where less than 24 hours’ notice of the requirement to perform such overtime work 
has been given by the TAC, the employee will be reimbursed for reasonable childcare 
expenses incurred. Evidence of expenditure incurred by the employee must be provided 
to the TAC as soon as possible after the working of such overtime. 

18.8 Time off for work outside inherent requirements 

(a) As the TAC is required to provide ongoing care and support services to its clients, 
there is a requirement for some roles in the organisation to work outside normal 
working hours to meet the requirements of the business. 

(b) When an employee is requested to undertake work at times and locations considered 
to be outside the inherent requirements of the role, an arrangement will be agreed 
with the employee prior to the event and time off may be provided on an hour for hour 
basis. This agreed time should be taken within 14 calendar days either side of its 
accrual. 

 
19. Public Holidays 

19.1 All employees (except casual employees) will be entitled to be absent from work on the 
following public holidays without deduction of pay where the public holiday occurs on a 
day the employee would normally work: 

(a) 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 Grand Final and Melbourne 
Cup Day. 

The TAC also agrees to observe any other public holiday as gazetted by the Victorian 
Government, or for employees wholly engaged outside of Victoria, by the relevant state 
government. 

19.2 Prescribed substitute and additional public holidays 

(a) Christmas Day  

(i) When Christmas Day (25 December) is a Saturday an additional holiday will be 
observed on the next Monday. 

(ii) When Christmas Day (25 December) is a Sunday, an additional holiday will be 
observed on the next Tuesday. 

(b) Boxing Day 

(i) When Boxing Day is a Saturday an additional holiday will be observed the next 
Monday. 

(ii) When Boxing Day is a Sunday, an additional holiday will be observed on the 
next Tuesday. 








16  

(c) New Year’s Day 

(i) When New Year’s Day is a Saturday or a Sunday, an additional holiday will be 
observed on the next Monday. 

(d) Australia Day 

(i) When Australia Day is a Saturday or a Sunday, a holiday in lieu will be observed 
on the next Monday. 

19.3 Other Substitution 

(a) Where, in accordance with the Public Holidays Act 1993 (Vic), another day is 
declared to replace Melbourne Cup Day, that day will be observed as a public holiday 
in the place which is an employee’s usual workplace. 

(b) Where Geelong Cup Day or Bendigo Cup Day is a declared holiday that day will be 
observed as a public holiday for employees whose usual workplace is Geelong or 
Bendigo. 

(c) Employees required to work on a declared public holiday must, subject to clause 
19.3(d), be paid overtime at the rate of double time and a half. If a time in lieu option 
is requested by the employee only, then that will be at public holiday time in lieu basis 
that is 2 days to 1 per public holiday without exception. No employee can be coerced 
or compelled to accept time in lieu instead of payment of public holiday rates. 

(d) By agreement with the TAC, an employee may substitute the declared local public 
holiday for Melbourne Cup Day public holiday only. When substitution occurs there 
will be no entitlement to penalty rates for working on the declared public holiday. 

19.4 Holidays during leave 

Where a public holiday occurs during any period of paid leave granted to an employee, 
the public holiday is not to be regarded as part of the paid leave. 

 
20. Individual Flexibility Arrangement 

20.1 An employee and the TAC may agree to enter into an Individual Flexibility Arrangement 
(IFA) to vary the effect of one or more of the following terms: 

(a) hours of work; 

(b) allowances. 

20.2 The IFA must meet the genuine needs of both the TAC and employee in relation to one or 
more of the matters mentioned in clause 20.1 and must be genuinely agreed to by the 
TAC and the employee. 

20.3 The TAC will ensure that the terms of the IFA: 

(a) are about permitted matters under section 172 of the FW Act; and 

(b) are not unlawful terms under section 194 of the FW Act; and 

(c) result in the employee being better off overall than the employee would be if no 
arrangement was made. 

20.4 The TAC will ensure that the IFA: 

(a) is in writing; 

(b) includes the name of the TAC and employee; 

(c) is signed by the TAC and employee and if the employee is under 18 years of age, 
signed by a parent or guardian of the employee; and  

(d) includes details of: 

(i) the terms of the Agreement that will be varied by the arrangement; 

(ii) how the arrangement will vary the effect of the terms; and 

(iii) how the employee will be better off overall in relation to the terms and conditions of 
their employment as a result of the arrangement; and 








17  

(iv) states the day on which the arrangement commences. 

 
21. Flexible Working Arrangements – Specific Circumstances 

21.1 Section 65 of the FW Act provides that an employee may request a change in working 
arrangements that may include but are not limited to changes in hours of work, changes in 
patterns of work and changes in location of work, in any of the following circumstances: 

(a) the employee is a parent, or has responsibility for the care of a child, who is of school age 
or younger; 

(b) the employee is a carer (within the meaning of the Carer Recognition Act 2010); 

(c) the employee has a disability; 

(d) the employee is 55 or older; 

(e) the employee is experiencing violence from a member of the employee’s family; 

(f) the employee provides care or support to a member of the employee’s immediate 
family, or a member of the employee’s household, who requires care or support 
because the member is experiencing violence from the member’s family. 

21.2 To avoid doubt, and without limiting clause 21.1, an employee who: 

(a) is a parent, or has responsibility for the care, of a child; and 

(b) is returning to work after taking leave in relation to the birth or adoption of a child;  

may request to work part-time to assist the employee to care for the child. 

21.3 The employee is not entitled to make the request unless: 

(a) for an employee other than a casual employee – the employee has completed at 
least 12 months of continuous service with the TAC immediately before making the 
request; or 

(b) for a casual employee – the employee: 

(i) is a long term casual employee of the TAC immediately before making the 
request; and  

(ii) has a reasonable expectation of continuing employment by the TAC on a regular 
and systematic basis. 

21.4 The request must be in writing and set out details of the change sought and of the 
reasons for the change. 

21.5 The TAC must give the employee a written response to the request within 21 days, stating 
whether the TAC grants or refuses the request. The TAC may refuse the request only on 
reasonable business grounds. 

21.6 Without limiting what are reasonable business grounds for the purposes of clause 21.5, 
reasonable business grounds include the following: 

(a) that the new working arrangements requested by the employee would be too costly 
for the TAC; or 

(b) that there is no capacity to change the working arrangements of other employees to 
accommodate the new working arrangements requested by the employee; or 

(c) that it would be impractical to change the working arrangements of other employees, 
or recruit new employees, to accommodate the new working arrangements requested 
by the employee; or 

(d) that the new working arrangements requested by the employee would be likely to 
result in a significant loss in efficiency or productivity; or 

(e) that the new working arrangements requested by the employee would be likely to 
have a significant negative impact on customer service. 

 

 








18  

22. Salary 

22.1 Classification structure 

(a) All employees will be classified in accordance with the TAC job group structure. 

(b) The TAC job group structure is based on a job evaluation methodology. Indicative 
descriptors for each job group are set out at Schedule A to this Agreement. 

(c) An employee who is employed and performing in a position that is reclassified to a 
higher job group within the TAC’s job group structure may not be required to undergo 
a competitive recruitment process. 

22.2 Salary structure 

(a) All employees within the TAC job group structure will be remunerated on the basis of 
base salary plus statutory superannuation.  

(b) An employee's ordinary fortnightly salary will be calculated by dividing the employee's 
annual base salary by 26. 

(c) The minimum and maximum base salaries for each of job groups 1 to 6 are set out at 
Schedule B to this Agreement. The maximum job group salaries do not preclude the TAC 
from making additional salary payments to employees at its discretion. 

22.3 Salary increases 

Employees will receive an increase to their base salary over the life of this Agreement as 
follows:  

 

Date of effect Percentage Increase 

30 Sept 2021 2.00% 

1 July 2022 2.00% 

1 July 2023 2.00% 

1 July 2024 2.00% 

 
23. Superannuation 

The TAC will comply with the Commonwealth superannuation legislation. 

 
24. Higher Duties Allowance 

24.1 An employee will be eligible for payment of a higher duties allowance while acting in a higher 
job group position for a period exceeding 14 calendar days. Where the employee performs the 
full range of responsibilities of the higher position, a higher duties allowance will be paid 
calculated as the difference between the employee’s salary in their substantive position 
and the minimum applicable rate for the higher duties position.  

24.2 Where an employee does not perform the full range of responsibilities of the higher duties 
position, the higher duties allowance will be calculated on a pro-rata basis, being a 
percentage of the higher duties allowance otherwise payable under this clause, 
commensurate with the percentage of higher duties performed. 

24.3 Higher duties allowance will continue to be paid during: 

(a) periods of authorised leave not exceeding 5 consecutive working days, where the 
higher duties assignment begins prior to the commencement of leave and ceases after 
return from such leave; 

(b) periods of long service or annual leave exceeding 1 week if the employee is assigned 
higher duties for at least 6 months, provided the allowance will not be paid for any portion 
of leave that extends beyond the period of the higher duties assignment. 

 








19  

25. Gender Equality 

25.1 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 
recognise and account for different patterns of labour force participation by workers 
who undertake unpaid and/ or caring work. 

(e) Sustainability: Interventions and solutions are collectively developed and agreed, 
sustainable and enduring. 

(f) Participation and engagement: Employees, the CPSU and the TAC work 
collaboratively to achieve mutually agreed outcomes. 

25.2 Meaning of ‘Pay’ 

In this clause, ‘pay’ refers to remuneration including but not limited to salary, bonuses, 
overtime payments, allowances and superannuation. 

25.3 Commitment to collaborative approach to achieving gender pay equity 

The TAC will work collaboratively with employees and the CPSU to identify, support and 
implement strategies designed to eradicate the gender pay gap, gender inequality and 
discrimination. 

25.4 Claims relating to systemic gender equality issues 

(a) A systemic gender equality issue means an issue of a systemic nature within the 
TAC, which adversely affects a class or group of employees of the TAC, relating to: 

(i) The gender composition of any or all workforce levels of the TAC; or 

(ii) The gender composition of governing bodies; or 

(iii) Equal remuneration for work of equal or comparable value across any or all 
workforce levels of the TAC, irrespective of gender; or 

(iv) Sexual harassment in the workplace; or 

(v) Recruitment and promotion practices in the workplace; or 

(vi) Availability and utilisation of terms, conditions and practices in the workplace 
relating to family violence leave, flexible working arrangements and working 
arrangements supporting employees with family or caring responsibilities; or 

(vii) Gendered workplace segregation. 

(b) The CPSU and/or a class or group of employees (claimant/s) may seek resolution of 
a dispute relating to a systemic gender equality issue (claim) in accordance with this 
clause. 

(c) A claim or claims under this clause must be made in writing to the TAC. 

(d) In the first instance the claim should include sufficient detail for the TAC to make a 
reasonable assessment of the nature of the claim, the employees impacted by the 
claim and any proposals to resolve the claim. 

(e) The TAC must meet and discuss the claim with the claimant prior to responding to 
the claim. 

(f) The TAC must respond to the claim in writing to the claimant, within a reasonable 








20  

time, including enough details in the response to allow the claimant to understand the 
TAC’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 the TAC and the claimant/s, either the 
claimant/s or the TAC may refer the claim to the Public Sector Gender Equality 
Commissioner (Commissioner) to deal with. 

(h) Common claims against the TAC may be referred to the Commissioner if the claims 
relate to a systemic gender equality issue which adversely affects a class or group of 
employees, and the claims are referred by any of the parties in clause 3.1 of this 
Agreement. 

(i) In dealing with a claim, the Commissioner: 

(i) Must consider the Gender Pay Equity Principles; and 

(ii) Must be objective and free from assumptions based on gender; and 

(iii)  Must acknowledge that current pre-existing views, conclusions or 
assessments of comparable worth or value may not be free of assumptions 
based on gender; and 

(iv) Must ensure that skills, responsibilities, effort and conditions that are commonly 
undervalued such as social and communication skills, responsibility for wellbeing 
of others, emotional effort, cultural knowledge and sensitivity are considered; 
and 

(v) Must ensure that dispute resolution outcomes consider current or historical 
gender-based discrimination and do not further promote systemic 
undervaluation; and 

(vi) Must deal with the claim in a manner that is independent of the TAC or the 
claimant; and 

(vii) Must consider evidence that the claim may not be isolated to the TAC subject to 
the claim; and 

(viii) May jointly deal with a claim and any other dispute which has been referred to 
the Commissioner which relates to the same or similar systemic gender equality 
issues; and 

(ix) Must consider the views of the claimant prior to jointly dealing with multiple 
claims or disputes; and 

(x) May otherwise deal with the claim in any way the Commissioner considers 
appropriate, consistent with the requirements of the Gender Equality Act 2020 
(Vic). This can include mediation, conciliation, making recommendations or 
offering opinions. 

(j)  If a claim is unable to be resolved by the Commissioner, either the claimant or the 
TAC may refer the claim to the FWC as a dispute of a collective character for 
resolution pursuant to clause 60. 

(k) This clause does not apply to any dispute regarding a matter or matters arising in the 
course of bargaining in relation to a proposed enterprise agreement. 

(l) A claimant may choose to be represented at any stage by a representative, including 
a Union representative or the TAC. 

(m) The claimant and the TAC and their representatives must genuinely attempt to 
resolve the dispute through the processes set out in this clause and must cooperate 
to ensure that these processes are carried out expeditiously. 

(n) Whilst a claim is being dealt with in accordance with this clause, work must continue 
in accordance with usual practice, provided that this does not apply to an employee 
who has a reasonable concern about an imminent risk to their health or safety, has 
advised the TAC of this concern and has not unreasonably failed to comply with a 
direction by the TAC 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. 








21  

25.5 Gender Equality Action Plans 

The TAC will consult with the CPSU in preparation of Gender Equality Actions Plans 
under the Gender Equality Act 2020 (Vic) (or successor instrument). 

  
26. Corporate Incentive Plan 

26.1 Each financial year the Board of the TAC (the board) will set corporate targets. Payment 
of any corporate incentive will depend on satisfactory progress towards the corporate 
targets set by the Board. 

26.2 The Board may modify, or set separate targets, where the general corporate targets set in 
clause 26.1 may compromise the professional independence of a group of employees. 
Where the new targets change the operation of the Corporate Incentive Plan (CIP), as 
outlined in this clause, the TAC will consult with affected employees and their 
representatives on the proposed changes in accordance with clause 6 – Consultation.  

26.3 The Board may redefine corporate targets in subsequent years of this Agreement. 
Information will be provided to employees and their representatives as soon as practicable 
after the targets are set by the Board. 

26.4 Targets set by the Board will be: 

(a) Specific 

(b) Measurable 

(c) Verifiable 

(d) Reasonable 

(e) Within the TAC’s competence and control to achieve. 

26.5 The Board will review the performances of the TAC at the end of each financial year and, 
if the TAC has achieved the corporate targets set by the Board, a corporate lump sum 
payment of up to 5% of ordinary earnings will be available to eligible employees. 

26.6 Employees may be eligible to receive an additional CIP (extra bonus). To be eligible for 
the extra bonus, the TAC must achieve the stretch targets as set by the Board. 

26.7 Employees are not eligible to receive a CIP for that year if they: 

(a) commence employment with the TAC on or after 1 April in that year; 

(b) are no longer employed by the TAC on the last business day in June in that year. 

26.8 Any corporate incentive payments determined by the Board will be paid no later than a 
month after Board approval each year. 

26.9 For the purpose of this clause, ordinary earnings means an employee’s base salary and 
any higher duties allowance paid during the relevant financial year. 

 
27. Accident Make Up Pay 

27.1 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 Workplace 
Injury Rehabilitation and Compensation Act 2013 (Vic) (or successor instrument), the 
employee will be entitled to accident make-up pay equivalent to their normal salary less 
the amount of weekly compensation payments. 

27.2 Payment – maximum entitlement 

(a) The TAC will continue to provide accident make-up pay to the employee for either a 
continuous period of 52 weeks, or an aggregate period of 261 working days, or an 
aggregate of 1984 hours (2088 hours for employees whose ordinary hours of duty 
average 80 hours per fortnight), unless employment ceases. 

(b) An entitlement to accident make-up pay will cease when the Employee has been 
absent from work for either a continuous period of 52 weeks, or an aggregate period 
of 261 working days, or an aggregate of 1984 hours (2088 hours for Employees 








22  

whose ordinary hours of duty average 80 hours per fortnight) or when employment 
ceases or when the benefits payable under the Workplace Injury Rehabilitation and 
Compensation Act 2013 (Vic) cease. 

(c) The TAC may grant the employee leave without pay where an entitlement to accident 
make-up pay has ended. 

27.3 For the avoidance of doubt, an employee may, with the TAC’s consent, take annual leave, 
long service leave or substitute leave whilst receiving accident make up pay. 

27.4 For an injury prior to the proclamation of the Workplace Injury Rehabilitation and 
Compensation Act 2013 (Vic), a reference to that Act shall be deemed to be a reference 
to the Accident Compensation Act 1985 (Vic) (or successor instrument). 

 
28. Salary Packaging 

A permanent/ongoing employee may enter into a salary packaging arrangement with the 
TAC, in accordance with TAC policies and procedures, applicable legislation and any 
rulings and determinations of the Australian Taxation Office that apply to salary sacrifice 
arrangements. 

 
29. Expenses 

29.1 The TAC will reimburse reasonable, additional expenses actually incurred while an 
employee is away from their usual place of employment. Reimbursement will be on the 
basis of receipts provided. 

29.2 Upon request, the TAC will provide an employee with a cash advance to cover such 
expenses, subject to the employee obtaining receipts for all expenses incurred. 

29.3 An employee who is required by the TAC to use their own motor vehicle in the course of 
their duties shall be reimbursed at the rates published by the Australian Taxation Office. 

29.4 Permanent relocation of usual place of work requiring residential relocation 

If the TAC considers that it is reasonable and necessary for an employee to move 
residence as a result of a permanent relocation from one work location to another, and the 
relocation arises from transfer as a result of redeployment, the employee may be entitled 
to: 

(a) up to 3 days’ paid leave associated with the relocation; and 

(b) reimbursement of reasonable expenses incurred by the employee upon agreement 
with the TAC which may include: 

(i) the journey to the new location, including meals and accommodation; 

(ii) removal, storage and insurance. 

 
30. Costs of Employment Related Legal Proceedings 

30.1 If an employee is required to attend or participate in a proceeding, hearing, examination, 
inquiry or investigative process on matters which arise from the performance of the 
employee’s duties, the TAC will meet the employee’s reasonable legal costs relating to 
the employee’s appearance and legal representation in the matter. This includes, but is 
not limited to, a matter before a Royal Commission, Independent Broad-based Anti-
Corruption Commission, Ombudsman’s or a Coroner’s inquest. 

30.2 Where legal proceedings are initiated against an employee as a direct consequence of the 
employee legitimately and properly performing their duties, the TAC will not unreasonably 
withhold agreement to meet the employee’s reasonable legal costs relating to the defence 
of such proceedings. However, if a Court or Tribunal concludes that the employee had not 
legitimately and properly performed their duties, the employee may be required by the 
TAC to reimburse the TAC for such costs. 

30.3 Where, as a direct consequence of the employee legitimately and properly performing their 
duties, both the employee and the TAC reasonably consider it is necessary to obtain an 








23  

intervention order or similar remedy against a person, the TAC will not unreasonably withhold 
agreement to meet the employee's reasonable legal costs in obtaining the order. 

 
31. First Aid Allowance 

31.1 An employee who, in addition to their normal duties, agrees to be appointed by the TAC to 
perform Level 3 first aid duties will receive a first aid allowance, payable fortnightly in 
accordance with the following table: 

 

Date of effect Annual Fortnightly 

1 July 2021 $595.83 $22.90 

1 July 2022 $615.21 $23.66 

1 July 2023 $635.21 $24.43 

1 July 2024 $655.86 $25.25 

 

31.2 To qualify, the employee must be the holder of a current Certificate 3 in First Aid issued by 
St. John’s Ambulance Australia or an equivalent qualification. 

31.3 The TAC will reimburse any additional costs incurred by the employee in maintaining the 
Level 3 first aid qualification. 

 
32. Annual Leave 

32.1 Entitlement to Annual Leave 

(a) An employee will be entitled to 152 hours (20 days x 7.6 hours) paid annual leave for 
every full year of service. Leave will be calculated on a pro-rata basis for part-time 
employees. 

(b) Annual leave accrues progressively during a year of service according to the 
employee’s ordinary hours of work. 

(c) A loading at the rate of 17.5% of the employee’s base salary for the period of leave 
will be paid. The maximum loading payable to an employee will not exceed the 
loading that would be payable on the maximum salary for Job Group 4. 

32.2 Taking Annual Leave 

(a) Employees are expected to take their annual leave within 12 months of the leave 
accruing. 

(b) Annual leave may be taken at times nominated by the employee, provided that they 
are convenient to the needs of the TAC, and approved in advance. 

(c) The TAC will provide the employee with an appropriate response, taking into account 
the wishes of the employee, within 5 working days from receipt of an application for 
leave. 

(d) The TAC may direct an employee to take annual leave, by giving not less than 4 
weeks’ notice. However, a management plan for the taking of annual leave by the 
employee will be considered as a first option in the management of leave. 

32.3 Excessive Annual Leave   accruals 

(a) An annual leave management plan will be developed when an employee’s annual 
leave entitlement is in excess of 30 days. 

(b) If the employee fails to agree to an annual leave management plan, or fails to go on 
leave after a plan has been agreed, the TAC will direct the employee to take leave 
and the employee will be placed on leave for the agreed dates as set out in the leave 
plan. 








24  

32.4 Annual Leave service accruals 

For the purpose of calculating the accrual of annual leave, service will include: 

(a) all paid leave; 

(b) any period where accident make up pay is paid; and 

(c) authorised personal/carer’s leave without pay, not exceeding 3 months in duration. 

32.5 Cashing out of Annual Leave 

The TAC and an employee may agree to the employee cashing out a particular amount of 
the employee’s accrued annual leave, provided that the following requirements are met:  

(a) the request to cash our annual leave is for at least 5 days; 

(b) the employee’s remaining accrued entitlement to paid annual leave is no less than 20 
days; 

(c) the employee may only cash out annual leave on one occasion during the term of this 
Agreement; 

(d) the employee must be paid at least the full amount that would have been payable to the 
employee had the employee taken the leave that the employee has forgone; and 

(e) the agreement to cash out annual leave must be recorded in writing. 

 
33. Purchased Leave 

33.1 The purchased leave scheme is a voluntary scheme that is intended to provide flexibility in 
employment for employees with family responsibilities and for employees who wish to 
extend their leave options for personal reasons. 

33.2 The purchased leave scheme is available to all employees, except casual employees and 
fixed-term employees on appointments of less than 12 months. 

33.3 Approval of applications for purchased leave will be balanced against the operational 
requirements of the Division. The TAC reserves the right to decline any application, but 
will not unreasonably withhold agreement to an application under this clause. 

33.4 Employees working in accordance with this arrangement will proportionately reduce their 
annual salary across the 52 week period and will have access to an additional proportionate 
period of leave per annum, accrued over the same period. 

33.5 All purchased leave and the 4 weeks paid annual leave entitlement must be taken during 
the 12 month period for which approval to participate in the scheme has been given. 

33.6 Where the TAC has approved an employee’s participation in the scheme: 

(a) The employee will receive a salary equal to the period worked (e.g. 48 weeks) which 
will be spread over a 52 week period; and 

(b) The employee will receive additional purchased leave as follows:  

 

Portion of annual salary Number of additional 
weeks of purchased leave 

Total amount of leave 
(purchased and annual 

leave) 

51/52 weeks Additional 1 weeks leave 5 weeks in total 

50/52 weeks Additional 2 weeks leave 6 weeks in total 

49/52 weeks Additional 3 weeks leave 7 weeks in total 

48/52 weeks Additional 4 weeks leave 8 weeks in total 

47/52 weeks Additional 5 weeks leave 9 weeks in total 

46/52 weeks Additional 6 weeks leave 10 weeks in total 








25  

Portion of annual salary Number of additional 
weeks of purchased leave 

Total amount of leave 
(purchased and annual 

leave) 

45/52 weeks Additional 7 weeks leave 11 weeks in total 

44/52 weeks Additional 8 weeks leave 12 weeks in total 

 

33.7 For the avoidance of doubt, the operation of this clause shall have the following 
consequences:  

(a) Employees can elect to purchase 1,2,3,4,5,6,7 or 8 weeks of additional leave; 

(b) The number of paid weeks remaining for the year shall be spread over 52 weeks; 

(c) continuity of service is unaffected by the purchased leave; 

(d) leave loading does not apply to purchased leave; and 

(e) long service leave continues to accrue for the period of purchased leave. 

 
34. Deferred Salary Scheme 

34.1 With the written agreement of the TAC, an employee may receive, over a four-year period, 
80% of the salary they would otherwise be entitled to receive in accordance with the 
Agreement. 

34.2 On completion of the fourth year, the employee will be entitled to 12 months leave and will 
receive an amount equal to 80% of the employee’s salary that they would otherwise be 
entitled to receive, in accordance with the Agreement, as at the last day of the fourth year 
of deferment.  

34.3 Where an employee completes four years of service under this deferred salary scheme 
and is thereby not required to attend duty in the fifth year, the period of leave shall count 
as service for all purposes. 

34.4 An employee may withdraw from this scheme prior to completing a four-year period by 
giving the TAC no less than 4 weeks written notice. The employee will receive a lump sum 
payment of salary forgone to that time. 

34.5 An employee who accesses this scheme and by agreement with the TAC changes their 
hours of work during the first four years of the scheme will have their salary for the fifth 
year of the scheme based upon their average hours of work over the previous four years 
of the scheme. 

 
35. Long Service Leave 

35.1 Basic entitlement 

Employees will be entitled to 13 weeks long service leave after 10 years continuous 
service with the TAC. Upon completion of each additional 5 years’ service, such an 
employee will accrue a further 6.5 weeks long service leave. 

35.2 Pro-rata access 

An employee may access their long service leave entitlement, on a pro-rata basis, after an 
initial 7 years of continuous service. 

35.3 Period of leave 

Employees may apply to take long service leave for double the period of leave at 50% of 
their normal salary arrangements. 

35.4 Taking leave 

The TAC and an employee may agree to postpone the taking of long service leave by the 
employee. A dispute regarding the taking of long service leave will be dealt with in 








26  

accordance with the disputes settling procedures set out in clause 60 of this Agreement. 

35.5 Termination of employment 

(a) An employee whose service is terminated for any reason will be paid accrued long 
service leave, provided they have an entitlement to such leave. 

(b) An employee who has completed at least 4 years of continuous service will be paid a 
pro-rata amount in respect of long service leave if their employment is terminated 
because of ill health or retrenchment. If the employment of an employee is terminated 
for any other reason no pro-rata payment will be made. If an employee dies after 
completion of 4 years continuous service, the pro-rata payment will be made to their 
estate.  

35.6 Payment 

(a) Long service leave will be paid at an employee’s base salary. 

(b) A part-time employee will be paid based upon an average of the hours worked over the 
preceding 12 months, or 5 years, whichever is greater. 

35.7 Long Service Leave accrual 

(a) For the purpose of long service leave accrual, an employee’s service will include all 
periods of paid leave and, unless otherwise provided for in this Agreement, does not 
include any periods of leave without pay or other unpaid service. 

(b) Long service leave will continue to accrue during an absence after birth or adoption 
of a child (other than in the case of a casual employee) on unpaid parental leave 
which, in combination with any period of paid parental leave, totals 52 weeks or less. 

(c) Subject to management approval, an employee who resigns from employment with 
the TAC and is subsequently re-employed before 12 months has elapsed may have 
their previous employment with the TAC recognised for the purposes of long service 
leave. 

35.8 Recognised Prior Service 

(a) The TAC will recognise public sector service for the purposes of long service leave 
and parental leave in accordance with this clause and 50.2. 

(b) The TAC will not recognise prior public sector service for the purpose of any other 
leave or service accrual.  

(c) For the purposes of long service leave, the TAC will recognise service of an 
employee with: 

(i) a State, Commonwealth or Territory of Australia Government Department or 
Public Service authority; 

(ii) a public entity under the Public Administration Act 2004 (Vic); or 

(iii) a local governing body that is established by or under a law of Victoria. 

(d) Notwithstanding the above, the TAC may recognise any service with a public sector 
authority or local governing body of the Commonwealth, a State other than Victoria or a 
Territory of   Australia. 

(e) Prior service will only be recognised provided that breaks in such service do not 
exceed 12 months or in special circumstances up to 5 years. 

 
36. Personal/Carer’s Leave 

36.1 Definitions 

Unless the contrary intention appears, the meaning of the following defined terms in this 
clause are: 

 

 

 








27  

 

Term Meaning 

Assistance 

Animal 
An animal formally trained to assist a person with a disability, to 
alleviate the effect of their disability. This includes: 

(a) a guide dog for people with vision impairment, or 

(b) hearing dogs for people with hearing impairment, or 

(c) assistance dogs for people with a physical disability, or 

(d) medical alert animals that help people with before and 
during a medical emergency, or 

(e) psychiatric service animals that help people with a 
mental illness, or 

(f) any other animal agreed by the TAC. 

Assistance Animal does not include a pet, companion or 
therapy animals. 
 

Registered 

Practitioner 
One of the following:  

Aboriginal or Torres Strait Islander health practitioner, Chinese 
medicine practitioner, Chiropractor, Dental care practitioner, 
Medical practitioner, Medical Radiation practitioner, Nurse 
practitioner, Midwife, Occupational Therapist, Optometrist, 
Osteopath, Pharmacist, Physiotherapist, Podiatrist, 
Psychologist or any other profession registered under the 
Health Practitioner Regulation National Law (Victoria) Act 2009. 

 

 

36.2 Paid Personal/Carer’s Leave 

(a) An employee, other than a casual employee, is entitled to be paid personal/carer’s 
leave when they are absent because of: 

(i) personal illness or injury; or 

(ii) personal illness or injury of an employee’s immediate family, household member 
or assistance animal who requires the employee’s care or support; or 

(iii) an unexpected emergency affecting an employee’s immediate family, household 
member or assistance animal; or 

(iv) attendance at a medical appointment with a registered practitioner. 

36.3 Amount and accrual of paid Personal/Carer’s Leave 

Employees will be credited with paid personal/carer’s leave on the following basis: 

(a) a credit of 15 days personal/carer’s leave on commencement of employment with the 
TAC; 

(b) a further credit of 15 days personal/carer’s leave on each anniversary of the 
commencement of employment; 

(c) credits for an employee that works part-time will be calculated on a pro-rata basis; 

(d) credits for an employee appointed for a fixed- term period will be calculated on a pro - rata 
basis according to the length of their service; 

(e) unused personal/carer’s leave accumulates from year to year. 

36.4 Notice  

(a) An employee must inform their manager of the inability to attend for duty within one 
hour of their normal commencement time on the day of the absence, or as soon as 








28  

reasonably practicable. 

(b) An employee must provide their manager the reason for the absence and the 
estimated duration of the absence. 

36.5 Evidence requirements 

(a) Personal leave 

An employee must provide the TAC with a medical certificate or evidence of 
attendance at a medical appointment from a registered practitioner to be paid 
personal leave. 

(b) Carer’s leave 

(i) An employee must provide the TAC with appropriate documentary evidence to 
be paid carer’s leave. 

(ii) The form of evidence required by the TAC will depend on the circumstances of 
the carer’s leave request. This may include: 

• a medical certificate from a registered practitioner; or 

• evidence from a registered veterinary practitioner (in the case of an 
assistance animal); or 

• a statutory declaration stating that the condition of the person or assistance 
animal concerned requires the employee’s care or support; or 

• other relevant documentary evidence. 

(iii) Additional evidentiary requirements for an assistance animal 

• The TAC may require the employee to provide appropriate documentary 
evidence that states the assistance animal is within the definition of an 
assistance animal at clause 36.1. 

• The form of evidence may include an accreditation certificate, proof of 
training or a statutory declaration stating the animal is an assistance animal. 

36.6 Exception 

(a) An employee may take up to an aggregate of 5 days or equivalent pro-rata amount 
accrued personal/carer’s leave in each year of employment, without having to provide 
the TAC with the documentary evidence required by clause 36.5. 

(b) If an employee cannot reasonably provide documentary evidence from a registered 
practitioner for personal leave, the employee may provide a statutory declaration. 
The statutory declaration must state why the employee was unable to attend a 
registered practitioner and the reason why they were unable to attend work. 

36.7 Absence on public holidays 

If the period during which an employee takes paid personal/carer’s leave includes a day, 
or part-day, that is a public holiday in the place where the employee is based for work 
purposes, the employee is taken not to be on paid personal/carer’s leave on that public 
holiday. 

36.8 Unpaid Carer’s Leave 

(a) An employee who has exhausted their paid personal/carer’s leave entitlements may 
take up to 2 days unpaid carer’s leave for each occasion the employee is required to 
provide care or support in the circumstances outlined in clause 36.2(i) or 36.2(ii). 

(b) The employee is required to comply with the notice and evidence requirements set out in 
clause 36.4 and 36.5. 

(c) Unpaid carer’s leave does not count as service, except for parental leave. 

36.9 Casual employees – caring responsibilities 

(a) Casual employees are entitled to be unavailable to attend work or to leave work: 

(i) if they need to care for members of their immediate family,  household, or  








29  

assistance animal who are sick and require care and support, or who require 
care due to an unexpected emergency, or the birth of a child; or  

(ii) upon the death of an immediate family or household member. 

(b) The TAC and the employee will agree on the period for which the employee will be 
entitled to be unavailable to attend work. In the absence of agreement, the employee 
is entitled to be unavailable to attend work for up to 2 days per occasion. The casual 
employee is not entitled to any payment for the period of non-attendance. 

(c) The employee must provide satisfactory evidence to support the taking of this leave. 

36.10 Unpaid Personal Leave 

If all paid personal/carer’s leave credits are exhausted, an employee may take unpaid 
personal leave provided the employee complies with the notice and evidence 
requirements set out in clauses 36.4 and 36.5 above. 

36.11 Special Leave 

After exhausting all personal/carer’s leave entitlements, an employee with long term or 
chronic health conditions, or an employee who is caring for an immediate family member 
with long term chronic health conditions, may apply to access special leave in accordance 
with clause 54. 

 
37. Compassionate Leave 

37.1 An employee, other than a casual employee, will be granted up to 5 days paid leave for 
each occasion when a member of the employee’s immediate family, or a member of the 
employee’s household: 

(a) contracts or develops a personal illness that poses a serious threat to their life; or 

(b) sustains a personal injury that poses a serious threat to their life;  

(c) dies; or 

(d) on account of pressing necessity considered by the TAC to warrant such leave. 

37.2 An employee may take unpaid compassionate leave by agreement with the TAC. 

37.3 The TAC may require the employee to provide satisfactory evidence to support the taking of 
paid or unpaid compassionate leave. 

37.4 Other significant family or personal connections 

An employee may, at the discretion of the TAC, be granted compassionate leave with or 
without pay when a person with a significant family or personal connection to the 
employee, but who is not a member of the employees immediate family or household, dies 
or sustains a personal illness or injury that poses a threat to that person’s life. 
 

38. Family Violence Leave 

38.1 General Principle 

(a) The TAC recognises that employees sometimes face situations of violence or abuse 
in their personal life that may affect their attendance or performance at work. 
Therefore, the TAC is committed to providing support to employees that experience 
family violence. 

(b) Leave for family violence purposes is available to employees who are experiencing 
family violence 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. 

38.2 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) (or successor 
instrument). 








30  

38.3 Eligibility 

(a) Leave for family violence purposes is available to all employees with the exception of 
casual employees. 

(b) Casual employees are entitled to access leave without pay for family violence purposes. 
The TAC may grant paid leave to a casual employee experiencing family violence on 
a case by case basis. 

38.4 General Measures 

(a) Evidence of family violence may be required and can be in the form of an agreed 
document issued by the Police Service, a Court, a registered health practitioner, a 
Family Violence Support Service, district nurse, maternal and health care nurse or 
Lawyer. A signed statutory declaration can also be offered as evidence. 

(b) All personal information concerning family violence will be kept confidential in line 
with the TAC’s policies and relevant legislation. No information will be kept on an 
employee’s personnel file without their express written permission. 

(c) No adverse action will be taken against an employee if their attendance or 
performance at work suffers as a result of experiencing family violence. 

(d) The TAC will identify contact/s within the workplace who will be trained in family 
violence and associated privacy issues. The TAC will advertise the name of any 
Family Violence contacts within the workplace. 

(e) An employee experiencing family violence may raise the issue with their immediate 
manager, Family Violence contacts, union delegate or nominated People & Culture 
contact. The immediate manager may seek advice from People & Culture if the 
employee chooses not to see the People & Culture or Family Violence contact. 

(f) Where requested by an employee, the People & Culture contact will liaise with the 
employee’s manager on the employee’s behalf, and will make a recommendation on the 
most appropriate form of support to provide in accordance with clause 38.5 and clause 
38.6. 

(g) The TAC 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. 

38.5 Leave 

(a) An employee experiencing family violence will have access to 20 days per year of 
paid special leave for medical appointments, legal proceedings and other activities 
related to family violence (this leave is not cumulative but if the leave is exhausted 
consideration will be given to providing additional special leave). This leave will be in 
addition to existing leave entitlements and may be taken as consecutive or single 
days or as a fraction of a day, and can be taken without prior approval. 

(b) An employee who supports a person experiencing family violence may utilise their 
personal/carer’s leave entitlement to accompany them to court, to hospital, or to care 
for children. The TAC may require evidence consistent with clause 38.4(a) from an 
employee seeking to utilise their personal/carer’s leave entitlement. 

38.6 Individual Support 

(a) In order to provide support to an employee experiencing family violence and to 
provide a safe work environment to all employees, the TAC will approve any 
reasonable request from an employee experiencing family violence for: 

(i) temporary or ongoing changes to their span of hours or pattern or hours and/or 
shift patterns; 

(ii) temporary or ongoing job redesign or changes to duties; 

(iii) temporary or ongoing relocation to suitable employment; 

(iv) a change to their telephone number or email address to avoid harassing contact; 

(v) any other appropriate measure including those available under existing 
provisions for family friendly and flexible work arrangements. 








31  

(b) Any changes to an employee’s role should be reviewed at agreed periods. When an 
employee is no longer experiencing family violence, the terms and conditions of 
employment may revert back to the terms and conditions applicable to the employee’s 
substantive/ongoing position. 

(c) An employee experiencing family violence will be offered access to the Employee 
Assistance Program (EAP) and/or other available local employee support resources. 
The EAP shall include professionals trained specifically in family violence. 

(d) An employee that discloses that they are experiencing family violence will be given 
information regarding current support services. 

 
39. Disability Leave 

39.1 An employee with a disability is entitled to access up to 76 hours of paid leave per 
calendar year to attend counselling, treatment, assessment or rehabilitation related to 
their disability as part of managing their disability and maintaining their health and 
wellbeing. 

39.2 For the purposes of this clause, disability includes long-term (lasting 6-months or more) 
physical, mental health, intellectual, cognitive, neurological or sensory impairments which, 
in interaction with various attitudinal and environmental barriers, may hinder full and 
effective participation in society on an equal basis with others. 

39.3 Disability Leave is not a replacement for Personal Leave and can only be taken when the 
employee is taking professionally advised, generally pre-planned leave, related to their 
disability. 

39.4 An employee must, if required by the TAC, provide satisfactory supporting evidence that 
the leave will be taken for a reason specified in clause 39.1. 

39.5 The leave does not accumulate from year to year. 

39.6 An employee who has exhausted their yearly allocation of additional leave under this 
clause may apply for further leave which will be given at the discretion of the TAC. 

39.7 The TAC will provide flexibility, where possible, to allow the employee the ability to leave 
work and return on the same day. 

 
40. Gender Affirmation Leave 

40.1 The TAC recognises that some employees may require leave to undertake a gender 
transition or to define their gender identity. 

40.2 An employee (other than a casual employee) who has affirmed their gender or is 
undergoing a gender affirmation is entitled to Gender Affirmation Leave for the purpose of 
supporting the employee’s affirmation/transition. 

40.3 An employee may give effect to their transition in a number of ways and is not required to 
be undergoing specific types of changes, such as surgery, to access leave under this 
clause. 

40.4 This leave is to be taken by the employee within the first 52 weeks after the employee 
commences living as a member of another gender. 

40.5 Amount of Gender Affirmation Leave 

(a) Gender Affirmation Leave will comprise: 

(i) up to 4 weeks (20 days) paid leave for essential and necessary gender 
affirmation procedures; and 

(ii) up to 48 weeks of unpaid leave. 

(b) An employee who is entitled to unpaid Gender Affirmation Leave may, in conjunction 
with all or part of that leave utilise accrued Annual or Long Service Leave, provided 
that the combined total of all paid and unpaid leave taken does not exceed 52 
continuous weeks. 








32  

(c) Gender Affirmation Leave may be taken as consecutive, single or part days upon 
agreement. 

(d) Leave under this clause will not accrue from year to year and cannot be cashed out 
upon termination of employment. 

40.6 Gender Affirmation Leave – Casual Employees 

A casual employee can access unpaid leave of up to 52 continuous week’s duration for 
gender affirmation purposes. 

40.7 Notice and evidence requirements 

(a) An employee seeking to access Gender Affirmation Leave must provide 4 weeks' 
written notice of their intended commencement date and expected period of leave, 
unless otherwise agreed. 

(b) An employee may be asked to provide suitable documentation or evidence to support 
the taking of this leave. 

 
41. Community Leave 

41.1 Sporting Leave: 

The TAC will support employees who are selected through an officially sanctioned state, 
national or internationally recognised selection process for a professional sporting code as 
a competitor or an official for a period of 2 weeks every 2 years. 

41.2 Leave to Engage in Voluntary Community Activities: 

(a) An employee who is elected to a Municipal Council shall be granted leave with pay to 
fulfil their official functions during their term of office as follows: 

(i) Mayor or Shire President – up to 13 hours per month; or  

(ii) Councillor – up to 6.5 hours per month. 

(b) An employee who is elected to a committee of management of a community 
organisation may, if the TAC agrees, be granted leave with pay to fulfil their official 
functions during their term of office as follows: 

(i) Chair or President – up to 13 hours per month; or 

(ii) Committee member –up to 6.5 hours per month. 

(c) An employee who requests leave under this clause must provide satisfactory 
evidence of their election or appointment, the duration of the term of office and 
proposed dates of attendance required. 

 
42. Leave for Blood Donations 

Leave may be granted to an employee without loss of pay to visit the Australian Red 
Cross Blood Bank as a donor once every 3 months (maximum of 3 hours per visit). Leave 
must be approved prior to the visit and confirmed with a certificate of attendance. 

 
43. Jury Duty Leave 

43.1 An employee that is required to appear and serve as a juror under the Juries Act 2000 

(Vic) (or successor instrument), is entitled to leave with pay for the period during which 
their attendance at court is required, subject to the production of satisfactory evidence of 
such attendance. 

43.2 Any compensation paid to the employee in accordance with the Juries Act 2000 (Vic) for 
serving as a juror during their ordinary hours of work must be repaid to the TAC, with 
reasonable expenses actually incurred over and above those which the employee would 
normally incur being offset against this amount. 

 








33  

44. Wellbeing and Social Leave 

44.1 The TAC recognises that employees are sometimes affected by the same social issues 
that impact the wider community, and aspires to support employees if they face these 
types of situations in their personal life. 

44.2 The TAC understands that people may be affected by different wellbeing and social 
issues, and the impact on each employee may be varied. Therefore there is no single 
social and community issue that should be given more importance over another. 

44.3 The TAC recognises that the following issues are prominent in the community, however 
this list is non-exhaustive and there may other social and community issues that are 
relevant under this clause: 

(a) Mental Illness; 

(b) Family and Domestic Violence; 

(c) Drug, Alcohol, and Gambling Addiction; 

(d) Serious and Chronic Illness and Injury. 

44.4 The TAC will develop initiatives that help provide support to employees impacted by these 
issues. 

44.5 In some cases the TAC, in its discretion, may give an employee access to clause 54 - 
(Special Leave), if they are affected by these types of issues and their ability to attend 
work is impacted. 

 
45. Leave to engage in Voluntary Emergency Management 

Activities 

45.1 An employee who engages in a voluntary emergency management activity with a 
recognised emergency management body that requires the attendance of the employee at 
a time when the employee would otherwise be required to be at work is entitled to leave 
with pay for: 

(a) time when the employee engages in the activity; and 

(b) reasonable travelling time associated with the activity; and 

(c) reasonable rest time immediately following the activity. 

45.2 The employee must advise the TAC as soon as reasonably practicable if the employee is 
required to attend a voluntary emergency management activity and must advise the TAC 
of the expected or likely duration of the employee’s attendance. The employee must 
provide a certificate of attendance or other evidence of attendance as reasonably 
requested by the TAC. 

45.3 Recognised emergency management bodies include but are not limited to, the Country 
Fire Authority, Red Cross, State Emergency Service and St John Ambulance. 

45.4 An employee who is required to attain qualifications or to requalify to perform activities in 
an emergency management body must be granted leave with pay for the period of time 
required to fulfil the requirements of the training course pertaining to those qualifications, 
provided that such training can be undertaken without unduly affecting the operations of 
the TAC. 

 
46. Defence Force Leave 

46.1 Leave with pay maybe granted for defence force service in accordance with the Defence 
Reserve Service Protection Act 2001 (Cth) (or successor instrument). 

46.2 An employee who is required to complete defence force service will consult with the TAC 
regarding the proposed timing of the service and will give the TAC as much notice as 
possible of the time when the service will take place. 

46.3 Any payment made to the employee in respect of defence service during their ordinary 








34  

hours of work must be repaid to the TAC, with reasonable expenses actually incurred over 
and above those which the employee would normally incur being offset against this 
amount. 

46.4 Where an employee is injured or becomes ill while on defence force leave, the employee 
may utilise accrued personal leave after the paid period of defence force leave expires. 
Such personal leave may only be utilised as is necessary to top up the employee’s 
earnings to the normal level during personal leave after allowance is made for any 
compensation that the employee receives from the Commonwealth. 

46.5 An employee who is requesting Defence Force leave should provide to the TAC written 
advice from the Australian Defence Force (ADF) or Defence Reserve Service confirming 
the dates of required attendance. 

 
47. Volunteering Leave 

47.1 An employee, other than a casual employee, is eligible for 1 paid day (7.36 hours) of 
volunteering leave per calendar year with a local community organisation.   

47.2 Volunteering leave is not pro-rata for part-time employees. 

47.3 Volunteering leave is not cumulative and cannot be carried over to the following year. 

 
48. Cultural and Ceremonial Leave 

48.1 Ceremonial Leave 

(a) Ceremonial leave will be granted to an employee of Aboriginal or Torres Strait 
Islander descent for ceremonial purposes: 

(i) connected with the death of a member of the immediate family or extended 
family (provided that no employee shall have an existing entitlement reduced 
as a result of this clause); or 

(ii) for other ceremonial obligations under Aboriginal and Torres Strait Islander 
lore. 

(b) Where ceremonial leave is taken for the purposes outlined in clause 48.1(a), up to 3 
days in each year of employment will be with pay. Paid ceremonial leave will not 
accrue from year to year and will not be paid out on termination of the employment of 
the employee. 

(c) Employees can request up to 5 days additional unpaid ceremonial leave in each year 
of employment. 

(d) Ceremonial leave granted under this clause 48.1 is in addition to compassionate leave 
granted under clause 37. 

(e) Paid and unpaid ceremonial leave will count as service for all purposes. 

48.2 NAIDOC Leave 

An employee of Aboriginal or Torres Strait Islander descent is entitled to 1 day of paid 
leave to participate in National Aboriginal and Islander Day Observance Committee 
(NAIDOC) week activities and events each year. 

 
49. Leave to participate in the First Peoples’ Assembly of 

Victoria 

49.1 An employee who is a member of the First Peoples’ Assembly of Victoria can access up 
to 10 days paid leave per calendar year to fulfil their official functions during their term of 
office. 

49.2 Leave will be available to attend sessions of the First Peoples' Assembly of Victoria, 
participate in constituent consultation relevant to their role or any other ancillary purpose 
as agreed with the TAC. 








35  

49.3 An employee may also utilise flexible working arrangements, in addition to leave provided 
in this clause, to help support their representative functions, with the agreement of the 
TAC. 

49.4 Leave under this clause will not accrue from year to year and cannot be cashed out on 
termination of employment. 

 
50. Parental Leave 

50.1 Application 

(a) Eligible employees are entitled to parental leave under this clause if the leave is 
associated with:  
(i) the birth of a child of the employee, the employee’s partner or the employee’s 

legal surrogate or the placement of a child with the employee for adoption; and 

(ii) the employee has or will have a responsibility for the care of the child. 

(b) An employee currently on parental leave is not required to return to work in order to 
access a further period of parental leave under this clause. 

50.2 Definitions 

Unless the contrary intention appears, the meaning of the following defined terms in this 
clause are:  
 

Term Meaning 

Eligible 

Employee 
(a) a full-time or part-time employee, whether employed on a permanent or 

fixed-term basis, or 

(b) an eligible casual employee who has been employed for a period or 
sequence of periods of employment of at least 12 months, and for 
accessing parental leave under this clause, a reasonable expectation 
of continuing employment with the TAC on a regular and systematic 
basis. 

Continuous 

Service 
Work for the TAC on a regular and systematic basis (including any period 
of authorised leave) and any period of Recognised Prior Service (as 
defined in clause 50.2. 

Child (a) in relation to birth-related leave, a child (or children from a multiple birth) 
of the employee or the employee’s partner or the employee’s legal 

surrogate; or 

(b) in relation to adoption-related leave, a child (or children) who will be 
placed with an employee, and: 

 
• who is, or will be, under 16 as at the day of placement, or the 

expected day of placement; 

• has not, or will not have, lived continuously with the employee for 
a period of 6 months or more as at the day of placement, or the 
expected day of placement; and 

• is not (otherwise than because of the adoption) a child of the 
employee or the employee’s partner. 

Primary 

Caregiver 
The person who takes primary responsibility for the care of a newborn or 
newly adopted child. The Primary Caregiver is the person who meets the 
child's needs more than anyone else. Only one person can be a child's 
Primary Caregiver on a particular day. 








36  

Term Meaning 

Secondary 

Caregiver 
A person who has parental responsibility for the child but is not the 
Primary Caregiver. 

 

Partner Includes a de facto partner, former partner or former de facto partner. The 
employee’s de facto partner means a person who lives with the employee 
as husband, wife or same sex partner on a bona fide domestic basis, 
whether or not legally married to the employee. 

Recognised 

Prior Service 
Any service immediately prior to the employee’s employment with the 
TAC, where the employee was employed: 

(i) in the Victorian Public Service; 

(ii) by a public entity under the Public Administration Act 2004 (Vic); 

(iii) under Part 6 of the Public Administration Act 2004 (Vic); or 

(iv) as a parliamentary officer or electorate officer under the 
Parliamentary Administration Act 2005 (Vic).  

 
 

 

50.3 Summary of Parental Leave Entitlements 

Parental leave entitlements in this clause are summarised in the following table. 
 

 

 Paid Leave Unpaid Leave Total 

Primary Caregiver    

More than 3 months 
Continuous Service 16 weeks Up to 36 weeks 52 weeks 

Less than 3 months 

Continuous Service 
0 weeks Up to 52 weeks 52 weeks 

Eligible Casual 
Employee 0 weeks Up to 52 weeks 52 weeks 

Secondary Caregiver    

More than 3 months 
Continuous Service 4 weeks Up to 48 weeks 52 weeks 

More than 3 months 

Continuous Service and 
takes over the primary 
resposnibilty for the 
care of the child within 
the first 78 weeks 

An additional 12 
weeks Up to 36 weeks 52 weeks 

Less than 3 months 

Continuous Service 
0 weeks Up to 52 weeks 52 weeks 

Eligible Casual 
Employee 0 weeks Up to 52 weeks 52 weeks 








37  

 Paid Leave Unpaid Leave Total 

Pre-natal Leave    

Pregnant Employee 38 hours   

Partner 15.2 hours   

Pre-adoption Leave    

More than 3 months 
Continuous Service 2 days   

Permanent Care Leave    

More than 3 months 
Continuous Service 16 weeks Up to 36 weeks 52 weeks 

Less than 3 months 

Continuous Service 
0 weeks Up to 52 weeks 52 weeks 

Grandparent Leave    

 0 weeks Up to 52 weeks 52 weeks 

 

50.4 Parental Leave – Primary Caregiver 

(a) An eligible employee, who has, or will have, completed at least 3 months paid 
continuous service and who will be the Primary Caregiver at the time of birth or  
adoption of their child, is entitled to up to 52 weeks parental leave, comprising: 

(i) 16 weeks paid parental leave; and 

(ii) up to 36 weeks unpaid parental leave. 

(b) An eligible employee who will be the Primary Caregiver, who has not completed at 
least 3 months paid continuous service at the time of the birth or adoption of their 
child, or an eligible casual employee, is entitled up to 52 weeks unpaid parental 
leave. 

(c) Only one parent can receive Primary Caregiver parental leave entitlements in respect 
to the birth or adoption of their child. An employee cannot receive Primary Caregiver 
parental leave entitlements: 

(i) if their partner is, or will be, the Primary Caregiver at the time of the birth or 
adoption of their child; or 

(ii) if their partner has received, or will receive, paid parental leave, primary carer 
entitlements, or a similar entitlement, from their employer; or 

(iii) if the employee has received, or will receive, Secondary Caregiver parental 
leave entitlements in relation to their child. 

50.5 Parental Leave – Secondary Caregiver 

(a) An eligible employee who has, or will have, completed at least 3 months paid 
Continuous Service and who will be the Secondary Caregiver at the time of the birth 
or adoption of their child, is entitled to up to 52 weeks parental leave, comprising: 

(i) 4 weeks paid parental leave; and 

(ii) 12 weeks additional paid Secondary Caregiver parental leave, subject to the 
conditions in clause 50.6; and 

(iii) unpaid parental leave to bring the total available paid and unpaid leave to 52 
weeks. 

(b) An eligible employee who will be the Secondary Caregiver, and has not completed at 








38  

least 3 months paid continuous service at the time of the birth or adoption of their 
child, or an eligible casual employee is entitled up to 52 weeks unpaid parental leave. 

(c) Only one parent can receive Secondary Caregiver parental leave entitlements in 
respect to the birth or adoption of their child. 

(d) An employee cannot receive Secondary Caregiver parental leave entitlements where 
the employee has received Primary Caregiver parental leave entitlements in relation 
to their child. 

50.6 Additional Paid Leave for Secondary Caregiver 

(a) A Secondary Caregiver is entitled to up to an additional 12 weeks’ paid leave within 
the first 78 weeks of the date of birth or adoption of the child provided that: 

(i) the Secondary Caregiver assumes primary responsibility for the care of the 
child, by meeting the child’s needs more than anyone else; and 

(ii) the Secondary Caregiver’s partner is not concurrently taking primary 
responsibility for the care of the child or receiving paid parental leave, primary 
caregiver entitlements or a similar entitlement from their employer. 

(b) To access additional paid leave, the employee must have been eligible for paid 
Secondary Caregiver leave at the time of birth or adoption of their child, irrespective 
of when the employee elects to take the paid leave under this clause. 

50.7 Pre-Natal Leave 

(a) A pregnant employee will access to paid leave totalling up to 38 hours per pregnancy 
to enable the employee to attend routine medical appointments associated with the 
pregnancy. 

(b) An employee who has a partner who is pregnant will have access to paid leave 
totalling up to 15.2 hours per pregnancy to enable the employee to attend routine 
medical appointments associated with the pregnancy. 

(c) The employee is required to provide a medical certificate from a registered medical 
practitioner confirming that the employee or their partner is pregnant. 

(d) Each absence on pre-natal leave must also be covered by a medical certificate. 

(e) The TAC will provide flexibility, where possible, to allow the employee the ability to 
leave work and return on the same day. 

(f) Paid pre-natal leave is not available to casual employees. 

50.8 Pre-adoption Leave 

(a) An employee seeking to adopt a child is entitled to 2 days paid leave for the purpose 
of attending any compulsory interview or examinations as are necessary as part of 
the adoption procedure. 

(b) An employee seeking to adopt a child may also access further unpaid leave. The 
employee and the TAC should agree on the length of any unpaid leave. Where 
agreement cannot be reached, the employee is entitled to take up to 2 days unpaid 
leave. 

(c) Where accrued paid leave is available to the employee, the TAC may require the 
employee to take such leave instead. 

(d) The TAC may require the employee to provide satisfactory evidence supporting the 
leave. 

(e) The TAC will provide flexibility, where possible, to allow the employee the ability to 
leave work and return on the same day. 

(f) Paid pre-adoption leave is not available to casual employees. 

50.9 Permanent Care Leave 

An employee will be entitled to access parental leave in accordance with this clause at a 
time agreed with the TAC if they: 

(a) are granted a permanent care order in relation to the custody or guardianship of a 








39  

child pursuant to the Children, Youth and Families Act 2005 (Vic) (or successor 
instrument) or a permanent parenting order by the Family Court of Australia; and 

(b) will be the Primary or Secondary Caregiver for that child. 

50.10 Grandparent Leave 

An employee, who is or will be the Primary Caregiver of a grandchild, is entitled to a 
period of up to 52 weeks’ continuous unpaid grandparent leave in respect of the birth or 
adoption of the grandchild of the employee. 

50.11 Access to Parental Leave for an employee whose child is born by surrogate 

An employee whose child is born through a surrogacy arrangement which complies with 
Part 4 of the Assisted Reproductive Treatment Act 2008 (Vic) (or successor instrument), is 
eligible to access the parental leave entitlements outlined in clause 51. 

50.12 Continuing to work while pregnant 

(a) The TAC may require a pregnant employee to provide a medical certificate stating 
that the employee is fit to work their normal duties where the employee: 

(i) continues to work within a 6 week period immediately prior to the expected date 
of birth of the child; or 

(ii) is on paid leave under clause 50.14(b). 

(b) The TAC may require the employee to start parental leave if the employee: 

(i) does not give the TAC the requested certificate within 7 days of the request; or 

(ii) gives the TAC a medicate certificate stating that the employee is unfit for work. 

50.13 Personal/Carer’s Leave 

A pregnant employee, not then on parental leave, who is suffering from an illness whether 
related or not to the pregnancy, may take any paid and/or unpaid personal/carer’s leave in 
accordance with clause 36. 

50.14 Transfer to a Safe Job 

(a) Where an employee is pregnant and, in the opinion of a registered medical 
practitioner, illness or risks arising out of the pregnancy or hazards connected with 
the work assigned to the employee make it inadvisable for the employee to continue 
at their present work, the employee will, if the TAC deems it practicable be 
transferred to a safe job with no other change to the employee’s terms and conditions 
of employment until the commencement of parental leave. 

(b) If the TAC does not think it to be reasonably practicable to transfer the employee to a 
safe job, the employee may take No Safe Job paid leave, or the TAC may require the 
employee to take No Safe Job paid leave immediately for a period which ends at the 
earliest of either: 

(i) when the employee is certified unfit to work during the 6 week period before the 
expected date of birth by a registered medical practitioner; or 

(ii) when the employee’s pregnancy results in the birth of a living child or when the 
employee’s pregnancy ends otherwise than with the birth of a living child. 

(c) The entitlement to No Safe Job leave is in addition to any other leave entitlement the 
employee has. 

50.15 Special Parental Leave  

Where the pregnancy of an employee not then on parental leave terminates other than by 
the birth of a living child, the employee may take leave for such periods as a registered 
medical practitioner certifies as necessary, as follows: 

(a) where the pregnancy terminates during the first 20 weeks, during the certified 
period/s the employee is entitled to access any paid and/or unpaid personal/carer’s 
leave entitlements in accordance with clause 36; 

(b) where the pregnancy terminates after the completion of 20 weeks, during the certified 
period/s the employee is entitled to paid special maternity leave not exceeding the 








40  

amount of paid parental leave available under clause 50.3 and thereafter, to unpaid 
special maternity parental leave. 

50.16 Notice and evidence requirements 

(a) An employee must give at least 10 weeks written notice of the intention to take 
parental leave, including the proposed start and end dates. At this time, the employee 
must also provide a statutory declaration stating: 

(i) that the employee will become either the Primary Caregiver or Secondary 
Caregiver of the child, as appropriate; and 

(ii) the particulars of any parental leave taken or proposed to be taken or applied for 
by the employee’s partner; and 

(iii) that for the period of parental leave the employee will not engage in any conduct 
inconsistent with their contract of employment. 

(b) At least 4 weeks before the intended commencement of parental leave, the employee 
must confirm in writing the intended start and end dates of the parental leave, or 
advise the TAC of any changes to the notice provided in clause 50.16(a), unless it is 
not practicable to do so. 

(c) The TAC may require the employee to provide evidence which would satisfy a 
reasonable person of: 

(i) for birth-related leave, the date of birth of the child (including without limitation, a 
medical certificate stating the date of birth or expected date of birth); or 

(ii) for adoption-related leave, the commencement of the placement (or expected 
day of placement) of the child and that the child will be under 16 years of age as 
at the day of placement or expected day of placement. 

(d) An employee will not be in breach of this clause if failure to give the stipulated notice 
is occasioned by confinement or the placement occurring earlier than the expected 
date or in other compelling circumstances.  In these circumstances the notice and 
evidence requirements of this clause should be provided as soon as reasonably 
practicable. 

50.17 Commencement of Parental Leave  

(a) An employee who is pregnant may commence Primary Caregiver parental leave at 
any time within 16 weeks prior to the expected date of birth of the child. In all other 
cases, Primary Caregiver parental leave commences on the day of birth or placement 
of the child. 

(b) Secondary Caregiver parental leave may commence up to 1 week prior to the 
expected birth or placement of the child. When a Secondary Caregiver takes 
additional paid leave in accordance with clause 50.6, the additional leave will 
commence on the date the employee takes on primary responsibility for the care of a 
child. 

(c) The TAC and employee may agree to alternative arrangements regarding the 
commencement of parental leave. 

(d) The period of parental leave for the purpose of calculating an employee’s maximum 
entitlement to paid and unpaid parental leave will commence from the date parental 
leave commences or otherwise no later than the date of birth of the child, irrespective 
of when the employee elects to use any paid entitlements they may have under this 
clause. 

50.18 Rules for taking parental leave entitlements 

(a) Parental leave is to be available to only one parent at a time, except parents may 
take up to 8 weeks leave concurrently with each other, comprising any paid leave to 
which the employee may be eligible for under clause 50.3 or unpaid, in connection 
with the birth or adoption of their child (concurrent leave). 

(i) Concurrent leave may commence 1 week prior to the expected date of birth of 
the child or the time of placement in the case of adoption. 








41  

(ii) Concurrent leave can be taken in separate periods, but each block of concurrent 
leave must not be less than 2 weeks, unless the TAC otherwise agrees. 

(b) While an employee’s eligibility for parental leave is determined at the time of birth or 
adoption of the child, the employee and the TAC may agree to permit the employee 
to use the paid leave entitlements outlined in this clause at any time within the first 52 
weeks of parental leave, or where an extension is granted under clause 50.23(b), 
within the first 78 weeks where clause 50.6 is invoked or otherwise within the first 104 
weeks. 

(c) Parental leave does not need to be taken in a single continuous period. The TAC and 
employee will agree on the duration of each block of parental leave. The TAC will 
consider their operational requirements and the employee’s personal and family 
circumstances in considering requests for parental leave in more than one continuous 
period. Approval of such requests will not be unreasonably refused. 

50.19 Using other accrued leave in conjunction with Parental Leave  

An employee may in lieu of or in conjunction with parental leave, access any annual leave 
or long service leave entitlements which they have accrued subject to the total amount of 
leave not exceeding 52 weeks or a longer period as agreed under clause 50.23(b). 

50.20 Public holidays during a period of Parental Leave  

Where a Public Holiday occurs during a period of paid parental leave, the Public Holiday is 
not to be regarded as part of the paid parental leave and the TAC will grant the employee 
a day off in lieu, to be taken by the employee immediately following the period of paid 
parental leave. 

50.21 Effect of unpaid Parental Leave on an employee’s continuity of employment 

Other than provided for in clause 35 (Long Service Leave), unpaid parental leave under 
clauses 50.4, 50.5, 50.23 shall not break an employee’s continuity of employment but it 
will not count as service for leave accrual or other purposes.  

50.22 Keeping in touch days 

(a) During a period of parental leave, the TAC 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. 

(b) Keeping in touch days must be agreed and be in accordance with section 79A of the 
FW Act. 

50.23 Extending Parental Leave  

(a) Extending the period of parental leave where the initial period of parental leave 
is less than 52 weeks: 

(i) An employee, who is on an initial period of parental leave of less than 52 weeks 
under clause 50.4 or 50.5, may extend the period of their parental leave on one 
occasion up to the full 52 week entitlement. 

(ii) The employee must notify the TAC in writing at least 4 weeks prior to the end 
date of their initial parental leave period. The notice must specify the new end 
date of the parental leave. 

(b) Right to request an extension to parental leave beyond the initial 52 weeks 
period to a maximum of 104 weeks: 

(i) An employee who is on parental leave under clause 50.4 or 50.5 may request an 
extension of unpaid parental leave for a further period of up to 12 months 
immediately following the end of the current parental leave period. 

(ii) In the case of an employee who is a member of a couple, the period of the 
extension cannot exceed 12 months, less any period of parental leave that the 
other member of the couple will have taken in relation to the child. 

(iii) The employee’s request must be in writing and given to the TAC at least 4 
weeks before the end of the current parental leave period. The request must 
specify any parental leave that the employee’s partner will have taken. 








42  

(iv) The TAC shall consider the request having regard to the employee’s 
circumstances and, provided the request is based on the employee’s parental 
responsibilities, may only refuse the request on reasonable business grounds. 

(v) The TAC must not refuse the request unless the TAC has given the employee a 
reasonable opportunity to discuss the request. 

(vi) The TAC must give a written response to the request as soon as practicable, 
and no later than 21 days after the request is made. The response must include 
the details of the reasons for any refusal. 

50.24 Total period of Parental Leave  

(i) The total period of parental leave, including any extensions, must not extend 
beyond 24 months. 

(ii) In the case of a couple, the total period of parental leave for both parents 
combined, including any extensions, must not extend beyond 24 months. The 
employee’s entitlement to parental leave under clause 50.4 or 50.5 will reduce 
by the period of any extension taken by a member of the couple under clause 
50.23. 

50.25 Calculation of pay for the purposes of Parental Leave  

(a) The calculation of weekly pay for paid parental leave purposes will be based on the 
employee’s average number of ordinary hours over the past 3 years from the 
proposed commencement date of parental leave (averaging period). 

(b) Where an employee has less than 3 years of service, the averaging period will be 
their total period of service with the TAC. 

(c) The calculation will exclude any of the following periods which fall during the 
averaging period:  

(i) period of unpaid parental leave, and 

(ii) any time worked at a reduced fraction in order to better cope during pregnancy; 
and 

(iii) authorised unpaid leave for an unforeseen reason beyond the employee’s 
control; and 

(iv) time worked at a reduced time fraction on returning to work after a period of 
parental leave under clause 50.29(c). 

(d) For the purposes of clause 50.25(c)(iii), an unforeseen reason beyond the 
employee’s control’ may include, for example, a personal illness or injury suffered by 
the employee, or the care or support of an ill or injured immediate family or 
household member by the employee. But would not include leave taken for lifestyle 
or personal reasons, career breaks or leave to undertake other employment. 

(e) The average number of weekly hours, determined in accordance with clause 50.25(a) 
above, will be then applied to the annual salary applicable to the employee’s 
classification and salary point at the time of taking parental leave to determine the 
actual rate of pay whilst on leave. 

50.26 Half Pay 

The employee may elect to take any paid parental leave entitlement at half pay for a 
period equal to twice the period to which the employee would otherwise be entitled. 

50.27 TAC Superannuation contributions in respect of Primary Caregiver Parental Leave  

(a) An employee is entitled to have superannuation contributions made in respect of the 
period of the employee’s Primary Caregiver Parental Leave. 

(b) The quantum of superannuation contributions payable under this clause will be 
calculated based on: 

(i) the number of weeks of Primary Caregiver parental leave taken by the 
employee, capped at 52 weeks; and 

(ii) the employee’s weekly pay calculated in accordance with clause 50.25 of the 








43  

Agreement; and 

(iii) the applicable contribution rate under the Superannuation Guarantee 
Administration Act 1992 (Cth) (or successor instrument) at the time the payment 
is made. 

50.28 Commonwealth Paid Parental Leave  

Paid parental leave entitlements outlined in this clause are in addition to any payments 
which may be available under the Commonwealth Paid Parental Leave Scheme. 

50.29 Returning to Work 

(a) Returning to work early 

(i) During the period of parental leave an employee may return to work at any time 
as agreed between the TAC and the employee, provided the employee notifies 
the TAC of their intention to return early at least 4 weeks prior to the new desired 
return date. 

(ii) In the case of adoption, where the placement of an eligible child with an 
employee does not proceed or continue, the employee will notify the TAC 
immediately and the TAC will nominate a time not exceeding 4 weeks from 
receipt of notification for the employee’s return to work. 

(b) Returning to work at conclusion of leave 

(i) At least 4 weeks prior to the expiration of parental leave, the employee will notify 
the TAC of their return to work after a period of parental leave. 

(ii) Subject to clause 50.29(b)(iii), an employee will be entitled to the position which 
they held immediately before processing on parental leave. In the case of an 
employee transferred to a safe job pursuant to clause 50.14 above, the 
employee will be entitled to return to the position they held immediately before 
such transfer. 

(iii) Where such position no longer exists but there are other positions available 
which the employee is qualified for and is capable of performing, the employee 
will be entitled to a position as nearly comparable in status and pay to that of 
their former position. 

(c) Returning to work at a reduced time fraction 

(i) To assist an employee in reconciling work and parental responsibilities, an 
employee may request to return to work at a reduced time-fraction until their 
child reaches school age, after which the employee will resume their substantive 
time-fraction. 

(ii) Where an employee wishes to make a request under clause 50.29(c)(i) such a 
request must be made as soon as possible but no less than 7 weeks prior to the 
date upon which the employee is due to return to work from parental leave. 

50.30 Lactation Breaks  

(a) Employees cannot be discriminated against for breastfeeding or expressing milk in 
the workplace. 

(b) An employee who wishes to continue breastfeeding after returning to work from a 
period of parental leave or keeping in touch days, may take reasonable time during 
working hours without loss of pay to do so. 

(c) Paid lactation breaks are in addition to normal meal and rest breaks provided for in 
this Agreement. 

50.31 Consultation and Communication during Parental Leave 

(a) Where an employee is on parental leave and a definite decision has been made to 
introduce significant change at the workplace, the TAC shall take reasonable steps 
to: 

(i) make information available in relation to any significant effect the change will 
have on the status or responsibility level of the position the employee held 








44  

before commencing parental leave; and 

(ii) provide an opportunity for the employee to discuss any significant effect the 
change will have on the status or responsibility level of the position the 
employee held before commencing parental leave. 

(b) The employee shall take reasonable steps to inform the TAC about any significant 
matter that will affect the employee’s decision regarding the duration of parental 
leave to be taken, whether the employee intends to return to work and whether the 
employee intends to request to return to work on a part-time basis. 

(c) The employee shall also notify the TAC of changes of address or other contact 
details which might affect the TAC’s capacity to comply with clause 50.31(a). 

50.32 Replacement Employees 

(a) A replacement employee is an employee specifically engaged or temporarily acting 
on higher duties or transferred, as a result of an employee proceeding on parental 
leave. 

(b) Before the TAC engages a replacement employee the TAC must inform that person 
of the temporary nature of the employment and of the rights of the employee who is 
being replaced. 

(c) The limitation in clause 12 (Secure Employment) on the use of fixed-term 
employment to replace the employee does not apply in this case. 

50.33 Casual Employees 

The TAC must not fail to re-engage a casual employee because the employee has 
accessed parental leave in accordance with this clause. The rights of the TAC in relation 
to engagement and re-engagement of casual employees are not affected, other than in 
accordance with this clause. 

 
51. Surrogacy Leave 

51.1 Entitlement to leave 

An employee (excluding a casual employee) who has completed at least 3 months paid 
continuous service, who enters into a formal surrogacy arrangement, which complies with 
Part 4 of the Assisted Reproductive Treatment Act 2008 (Vic) (or successor instrument), 
as the surrogate, is entitled to access the following leave entitlements: 

(a) Pre-Natal leave in accordance with clause 50.7 of the Agreement; and 

(b) Six weeks of paid leave. 

51.2 Continuing to work while pregnant 

(a) A pregnant employee acting as the surrogate as part of a formal surrogacy 
arrangement wanting to work during the six weeks before the birth may be asked to 
provide a medical certificate stating they are fit for work and whether there are any 
risks in connection to their duties. 

(b) An employee who fails to provide a requested medical certificate within seven days 
or provides one which states they are unfit for work may be required to commence 
surrogacy leave. 

51.3 Transfer to a Safe Job 

(a) If an employee provides a medical certificate stating they are fit for work but it is 
inadvisable for the employee to continue in their present duties because of risks or 
illness the employee is entitled to be transferred to an appropriate safe job that has 
the same, or other agreed ordinary hours of work with no other changes to the 
employee’s terms and conditions. 

(b) If no appropriate safe job is available the employee is entitled to take paid or unpaid 
(if not eligible for parental leave) ‘No Safe Job Leave’. 

 








45  

51.4 Commencement of Surrogacy Leave 

(a) An employee who is pregnant as a result of acting as a surrogate may commence 
paid surrogacy leave at any time within 6 weeks prior to the expected date of birth of 
the child. Otherwise the period of parental leave must commence no later than the 
date of birth of the child, unless agreed with the TAC. 

(b) Unless otherwise agreed, any entitlement to paid surrogacy leave will be paid from 
the date of commencement of surrogacy leave. 

51.5 Surrogacy Leave and other entitlements 

An employee may access, in conjunction with surrogacy leave, any other paid or unpaid 
entitlements available under this Agreement with the approval of the TAC. 

51.6 Personal/Carer’s Leave 

A pregnant employee, not then on surrogacy leave, who is suffering from an illness 
whether related or not to the pregnancy, may take any paid and/or unpaid personal/carer’s 
leave in accordance with clause 36. 

51.7 Special Surrogacy Leave 

(a) Where the pregnancy of an employee not then on parental leave terminates other 
than by the birth of a living child, the employee may take leave for such periods as a 
registered medical practitioner certifies as necessary, as follows: 

(i) where the pregnancy terminates during the first 20 weeks, during the certified 
period/s the employee is entitled to access any paid and/or unpaid 
personal/carer’s leave entitlements in accordance with clause 36; 

(ii) where the pregnancy terminates after the completion of 20 weeks, during the 
certified period/s the employee is entitled to paid special surrogacy leave not 
exceeding the amount of paid surrogacy leave available under this clause 51.1. 

51.8 Public holidays during a period of paid Surrogacy Leave 

Where a public holiday occurs during a period of paid surrogacy leave, the public holiday 
is not to be regarded as part of the paid surrogacy leave and the TAC will grant the 
employee a day off in lieu, to be taken by the employee immediately following the period 
of paid surrogacy leave. 

51.9 Notice and evidentiary requirements 

(a) An employee must provide 10 weeks’ written notice to the TAC of their intention to 
take surrogacy leave. The notification should include a Statutory Declaration which 
specifies: 

(i) the intended start and end dates of the leave; and 

(ii) if known, any other leave the employee seeks approval to take in conjunction 
with their surrogacy leave; and 

(iii) for the period of surrogacy leave the employee will not engage in any conduct 
inconsistent with their contract of employment. 

(b) The TAC may also require the employee to provide documentary evidence 
confirming: 

(i) the expected date of birth of the child; and 

(ii) the formal surrogacy arrangement, which complies with Part 4 of the Assisted 
Reproductive Treatment Act 2008 (Vic). 

(c) The employee must confirm these details at least 4 weeks prior to the 
commencement of the proposed period of surrogacy leave. 

 
52. Foster and Kinship Care Leave 

52.1 An employee who provides short-term foster or kinship care as the Primary Caregiver to a 
child who cannot live with their parents as a result of an eligible child protection 
intervention is entitled to up to 2 days paid leave on up to 5 occasions per calendar year 








46  

to be taken at the time the placement of the child with the employee commences. 

52.2 For the purposes of this clause Foster and Kinship Care includes: 

(a) Foster Caring, which is the temporary care of a child of up to 18 years of age on a 
short-term basis by an employee who is an accredited foster carer. 

(b) Kinship Care, which is temporary care provided by an employee who is a relative or a 
member of the child’s social network when the child cannot live with their parents. 

(c) Aboriginal Kinship Care, which is temporary care provided by an employee who is a 
relative or friend of an Aboriginal child who cannot live with their parents, where 
Aboriginal family and community and Aboriginal culture are valued as central to the 
child’s safety, stability and development. 

52.3 Eligible child protection interventions include emergency respite and short-term or long-
term placements on a non-permanent basis, as issued by the Victorian Department of 
Health and Human Services, the Children’s Court or other similar federal, state or judicial 
authority. 

52.4 Subject to the approval of the TAC, the paid leave provided in this clause may be used in 
conjunction with any other paid or unpaid leave entitlements the employee may be eligible 
for under this Agreement. 

52.5 In the case of foster carer’s, one occasion totalling up to 2 days duration may be used for 
accreditation purposes, including attending compulsory interview or training. 

52.6 TAC may require the employee to provide reasonable evidence for the taking of the leave 
under this provision. 

 
53. Assisted Reproductive Treatment Leave 

53.1 An employee who provides a medical certificate stating that they are undergoing assisted 
reproductive treatment is entitled to 38 hours of paid leave per year to attend 
appointments associated with the treatment in addition to any other leave. 

53.2 An employee who is supporting their partner who is undergoing assisted reproductive 
treatment and provides a medical certificate stating such, will in addition to any other 
leave, be entitled to paid leave up to 38 hours per year to enable the employee to attend 
such appointments. 

53.3 This leave does not accumulate from year to year. 

53.4 The TAC will provide flexibility, where possible, to allow the employee the ability to leave 
work and return on the same day. 

 
54. Special Leave 

At the discretion of the TAC, special leave may be granted in circumstances not already 
covered by any other leave provision. 

 
55. Leave Without Pay 

55.1 Subject to the TAC’s business needs and circumstances of each particular application, an 
employee (other than a casual) may be granted leave without pay for a period of up to one 
year. 

55.2 In circumstances where leave without pay is not granted, the TAC will provide written 
reasons for refusal. 

55.3 Leave without pay will not count as service, except where provided for in clause 32.4. 

 
 

56. Study Leave 

56.1 An employee (other than a casual) may be granted paid leave to enable travel to and 
attendance of up to 7 hours and 36 minutes of classroom activity per week to undertake 








47  

studies that the TAC determines are relevant to the organisation’s business needs. Such 
study leave applies to all forms of study leave (e.g. distance education/online). 

56.2 An employee who is eligible for study leave may be granted up to 5 days per annum 
further paid study leave for preparation and attendance at examinations. 

56.3 The TAC may, at its discretion, grant an employee up to 12 months study leave with or 
without pay. 

56.4 An employee who was eligible for study leave may be granted up to 1 day paid leave at 
the conclusion of the studies in order to attend a graduation ceremony. 

56.5 The TAC may revoke any study leave due to unsatisfactory progress or unsatisfactory work 
performance. 

 
57. Training Leave 

57.1 Workplace Training 

(a) In order to encourage cooperative workplace relations and facilitate the operation of 
this Agreement, an employee may request to attend training in workplace relations, 
union delegate training, dispute resolution or grievance management. 

(b) The TAC may approve up to 5 days of paid leave per annum or up to 10 days paid 
leave within a 24 month period, for attendance at such training, provided that the 
granting of such leave will not unduly affect the TAC’s operational requirements. The 
TAC will not unreasonably refuse the granting of such training leave. 

57.2 Occupational Health and Safety Training 

(a) An employee, upon election as a health and safety representative, may be granted 
up to 5 days paid leave to undertake appropriate introductory training from a training 
organisation that is approved by the Victorian WorkCover Authority, so long as the 
granting of such leave does not unduly affect operational requirements. 

(b) An additional single day paid leave may be granted annually to undertake appropriate 
refresher training from a training organisation that is approved by the Victorian 
WorkCover Authority, so long as the granting of such leave does not unduly affect 
operational requirements. 

 
58. Occupational Health and Safety 

58.1 Workload 

(a) The TAC acknowledges its duty of care to ensure that the allocation of work to 
employees is consistent with the Occupational Health and Safety Act 2004 (Vic) (or 
successor instrument) and has regard to employees’ health, safety and welfare. The 
TAC will continue to offer options of flexibility to enable employees to choose a 
balance between work and family life. 

(b) An employee or group of employees may request a review of their workload if they 
believe the workload is unreasonable. The request must be made in writing and set 
out details of the workload of the employee or group of employees and the reasons 
why the workload is considered unreasonable. 

(c) On receipt of a request by an employee or group of employees under this clause, the 
TAC must give the employee a written response within 21 days, stating whether the 
TAC agrees to or refuses the request. 

58.2 Designated Work Groups 

(a) Each elected health and safety representative will be provided with reasonable 
access to facilities such as email, telephone, desk and computer, where available. An 
employee will be granted reasonable time release or paid time (including time in lieu) 
to attend to their functions as a health and safety representative, including but not 
limited to regularly inspecting workplaces (as defined by their Designated Work 
Group (DWG)), consulting with employees in their DWGs, OH&S representatives and 
other persons involved in the organising of employees’ health, safety and welfare. 








48  

(b) Information about DWGs from the updated register(s) will be provided in electronic 
format to the CPSU. Requests may be made no more than quarterly. The information 
provided will be in accordance with the Privacy and Data Protection Act 2014 (Vic) 
(or successor instrument). Where possible, this information will include: 

(i) a description, including the location, of each DWG within the TAC; 

(ii) the name of each elected health and safety representative; 

(iii) the date the health and safety representative was elected; 

(iv) a description of the training the health and safety representative has attended 
and the date of attendance; 

(v) the name and contract details of the nominated management representative 
responsible for each DWG; 

(vi) details of the structure of OH&S committees, their meeting frequency and the 
name and contact details of the committee convener; 

(vii) a list of vacancies for health and safety representatives in DWGs. 

58.3 Bullying and violence at work 

(a) The parties to this Agreement are committed to working together to reduce bullying 
and occupational violence so far as is practicable in the workplace. 

(b) Over the life of the Agreement, the parties commit to work towards a consistent, 
service wide approach to prevent and manage negative workplace behaviour, 
including by: 

(i) ensuring employee awareness of expected standards of behaviour, employee 
duties in respect of occupational health and safety and of what constitutes and 
how to prevent and address negative workplace behaviour; 

(ii) ensuring manager capability to prevent and manage negative workplace 
behaviour; 

(iii) ensuring consistent, best practice processes for managing negative behaviour in 
accordance with clause 62 (Misconduct) processes. 

58.4 Employee support and debriefing 

(a) The TAC will provide support and debriefing to employees who have directly or 
vicariously experienced a “critical incident” during the course of the work that results 
in personal distress or psychological trauma. The TAC is committed to assisting the 
recovery of employees experiencing distress or trauma following a critical incident 
with the aim of returning employees to their pre-incident level of functioning as soon 
as possible. 

(b) A critical incident is defined as an event outside the range of usual human experience 
which has the potential to easily overcome a person's normal ability to cope with 
stress. It may produce a negative psychological response in an employee who was 
involved in or witnessed, or otherwise deals with and/or is exposed through their 
course of their duties to the details of such an incident. 

(c) Critical incidents in the workplace environment include, but are not limited to: 

(i) aggravated assaults; or 

(ii) robbery; or 

(iii) suicide or attempted suicide; or 

(iv) murder; or 

(v) sudden or unexpected death; or 

(vi) hostage or siege situations; or 

(vii) discharge of firearms; or 

(viii) vehicle accidents involving injury and/or substantial property damage; or 








49  

(ix) acts of self-harm by persons in the care of others; or 

(x) accounts of sexual violence; or 

(xi) accounts of child abuse and domestic violence; or 

(xii) any other serious accidents or incidents. 

 
59. Gendered Violence 

59.1 Gendered violence is physical, sexual, psychological or economic harm directed at a 
person because of their gender, gender identity, sexual orientation or because they do not 
adhere to dominant gender stereotypes or socially prescribed gender roles. 

Gendered violence includes: 

• violence directed at women because they are women; 

• violence directed at a person because they identify as lesbian, gay, bisexual, 
trans and gender diverse, intersex, queer, asexual and questioning 
(LGBTIQA+); 

• violence directed at a person because they don’t conform to socially 
prescribed gender roles or dominant definitions of masculinity or femininity. 

Gender inequalities, sexism, homophobia and transphobia at work drive gendered 
violence in the workplace. 

Gendered violence can be perpetrated by those who are external to the workplace (such 
as contractors) and those that are internal to the workplace (such as work peers and 
managers). 

59.2 The TAC and the CPSU are committed to working together to eliminate gendered 
violence, so far as is practicable, in the workplace. 

 
60. Dispute Settling Procedures 

60.1 Resolution of disputes and grievances 

(a) Unless otherwise provided for in this Agreement, a dispute or grievance about a 
matter arising under this Agreement or the National Employment Standards, other 
than termination of employment, must be dealt with in accordance with this clause. 
This includes a dispute or grievance about whether the TAC had reasonable grounds 
to refuse a request for flexible working conditions, or an application to extend unpaid 
parental leave. 

(b) This clause does not apply to any dispute on a matter or matters arising in the course 
of bargaining in relation to a proposed enterprise agreement. 

(c) The TAC or an employee covered by this Agreement may choose to be represented 
at any stage by a representative, including a union representative or employer 
organisation. 

(d) The TAC, the CPSU TAC Branch or an employee’s nominated employee 
representative shall meet to discuss any grievances with a view to avoiding a formal 
dispute proceeding, in instances when disputes are raised by the CPSU or 
nominated employee representative, or when the TAC raises a dispute with the 
CPSU or nominated employee representative. This will occur prior to the dispute 
settling process being invoked. This applies to grievances that may arise from the 
application of the agreement or TAC policy issues. 

60.2 Obligations 

(a) The parties to the dispute or grievance, and their representatives, must genuinely 
attempt to resolve the dispute or grievance through the processes set out in this 
clause, and must cooperate to ensure that these processes are carried out 
expeditiously. 

(b) While a dispute or grievance is being dealt with in accordance with this clause, work 








50  

must continue in accordance with usual practice, provided that this does not apply to 
an employee who has a reasonable concern about an imminent risk to their health or 
safety, has advised the TAC of this concern and has not unreasonably failed to 
comply with a direction by the TAC to perform other available work that is safe and 
appropriate for the employee to perform. 

(c) No person covered by the Agreement will be prejudiced as to the final settlement of the 
dispute or grievance by the continuance of work in accordance with this clause. 

60.3 Agreement and Dispute Settlement Facilitation 

(a) For the purposes of compliance with this Agreement (including compliance with this 
dispute settlement procedure) where the chosen employee representative is another 
employee of the TAC, they must be released from normal duties for such periods of 
time as may be reasonably necessary to enable them to represent employees 
concerning matters pertaining to the employment relationship including, but not 
limited to: 

(i) investigating the circumstances of a dispute or an alleged breach of this 
Agreement or the National Employment Standards; 

(ii) endeavouring to resolve a dispute arising out of the operation of the Agreement 
or the National Employment Standards; or  

(iii) participating in conciliation, arbitration or any other agreed alternative dispute 
settling process. 

(b) The release from normal duties referred to in this clause is subject to the proviso that it 
does not unduly affect the operations of the TAC. 

60.4 Discussion of grievance or dispute 

(a) The dispute or grievance must first be discussed by the aggrieved employee(s) with the 
immediate manager of the employee(s). 

(b) If the matter is not settled, the employee(s) can require that the matter be discussed with 
another representative of the TAC appointed for the purpose of this procedure. 

60.5 Internal process 

(a) If any party to the dispute or grievance who is covered by the agreement refers the 
dispute or grievance to an established internal dispute or grievance settling process, 
the matter must first be dealt with in accordance with that process, provided that the 
process is conducted in a timely manner and it is consistent with the following 
principles: 

(i) the decision must be made on the balance of probabilities and not be 
inconsistent with the evidence; 

(ii) provide for mediation or conciliation of the grievance; 

(iii) provide that the TAC will take into consideration any views on who should 
conduct the review; and 

(iv) be conducted as quickly, and with as little formality, as a proper consideration of 
the matter allows. 

(b) If the dispute or grievance is not settled through an internal dispute or grievance settling 
process, the matter can be dealt with in accordance with the processes set out below. 

(c) If the matter is not settled, either party may refer the matter to FWC. 

60.6 Disputes of a collective character 

(a) The parties acknowledge that disputes of a collective character concerning more than 
one employee may be dealt with more expeditiously by an early reference to the 
FWC. 

(b) No dispute of a collective character may be referred to the FWC directly unless there 
has been a genuine attempt to resolve the dispute at the workplace level prior to it 
being referred to the FWC. 

 








51  

60.7 Conciliation 

(a) Where a dispute or grievance is referred, a member of the 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. 

(b) This may include arranging: 

(i) conferences of the parties to the dispute or their representatives presided over by 
the member; and 

(ii) for the parties to the dispute or their representatives to confer among themselves at 
conferences at which the member is not present. 

(c) Conciliation before the FWC shall be regarded as completed when: 

(i) the parties to the dispute have reached agreement on the settlement of the 
grievance or dispute; or 

(ii) the member of the FWC conducting the conciliation has, either of their own 
motion or after an application by either party, satisfied themselves that there is 
no likelihood that within a reasonable period, further conciliation will result in a 
settlement; or 

(iii) the parties to the dispute have informed the FWC member that there is no 
likelihood of agreement on the settlement of the grievance or dispute and the 
member does not have substantial reason to refuse to regard the conciliation 
proceedings as completed. 

60.8 Arbitration 

(a) If the dispute or grievance has not been settled when conciliation has been completed, 
either party may request that the FWC proceed to determine the dispute or grievance by 
arbitration. 

(b) Where a member of the 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. 

(c) Subject to clause 60.8(d) below, the determination of the FWC is binding upon the 
persons covered by this Agreement. 

(d) An appeal lies to a Full Bench of the FWC, with the leave of the Full Bench, against a 
determination of a single member of the FWC made pursuant to this clause. 

60.9 Conduct of matters before the FWC 

Subject to any agreement between the parties in relation to a particular dispute or 
grievance and the provisions of this clause, in dealing with a dispute or grievance through 
conciliation or arbitration, the FWC may conduct the matter in accordance with 
Subdivision B of Division 3 of Part 5-1 of the FW Act. 

 
61. Management of Unsatisfactory Work Performance and/or 

Behaviour 

61.1 Subject to applicable Victorian or Federal legislation, any disciplinary action will be 
consistent with this clause. The TAC is not obliged to comply with this clause in respect of: 

(a) casual employees; 

(b) employees who are still subject to a probationary period of employment; or 

(c) an employee who engages in misconduct or serious misconduct. 

61.2 Principles 

(a) The employee must be accorded procedural fairness at all stages of the disciplinary 
process. 

(b) Each stage of the process outlined below should be documented and, where 








52  

practicable, should be undertaken in the presence of a witness. Copies of all 
documentation should be placed on the employee’s personnel file. 

(c) At any point of the process the employee can request a support person of their 
choice or a nominated employee representative, which includes a Union 
representative, to attend any meeting. 

(d) The TAC will make all efforts to ensure employees understand their role, behaviour and 
performance expectations through regular communication with their manager prior to 
commencing any formal disciplinary action outlined in this clause. 

61.3 Unsatisfactory Work Performance and / or Behaviour 

Unsatisfactory work performance and/or behaviour could include poor attendance, 
inappropriate use of the TAC’s systems and behaviour that is inconsistent with the TAC’s 
vision and shared values. 

61.4 Referred unsatisfactory work performance and/or behaviour matters 

The TAC may at any time elect, where there is reasonable cause, to manage the 
employee’s work performance in accordance with clause 62 (Misconduct). Once an 
election has been made by the TAC under this clause, any matters that have arisen under 
the process in this clause may be considered in the process pursuant to clause 62 
(Misconduct). 

61.5 Stage 1. Counselling session 

(a) A counselling session may be held with an employee that engages in unsatisfactory 
work performance and/or behaviour. 

(b) During the counselling session, the manager will state the performance and/or 
behavioural issues and the expected standard required of the employee. 

(c) Once the employee has had an opportunity to respond to the issues raised in the 
initial counselling session, the manager will set a period of time in which the 
employee shall be required to improve or place the employee on a Performance 
Improvement Plan for a period of not more than 3 months. The employee will be 
advised of any consequences of not meeting the required standard. 

61.6 Stage 2. Formal written warning 

(a) If at the end of the review period, or Performance Improvement Plan period, the 
employee continues to engage in the unsatisfactory work performance and/or 
behaviour, or does not demonstrate sufficient improvement, a formal written warning 
will be given to the employee by the employee’s manager. The written warning will 
outline: 

(i) what is expected of the employee; 

(ii) where and how the employee is not meeting the expected standard of work 
performance and / or behaviour; and 

(iii) the consequences of failure to improve. 

(b) Written warnings for performance will be placed on the employee’s personnel file for a 
period of up to 12 months. Written warnings for workplace behaviour will remain on the 
employee’s personnel file. 

61.7 Stage 3. Final written warning 

If there is a repetition or continuance of the offending work performance and/or behaviour, 
a final written warning will be issued to the employee. This final warning will be also 
placed on the employee’s personnel file and the employee will be informed that they may 
be dismissed if the unsatisfactory work performance and/or behaviour does not cease. 

61.8 Termination 

If the employee continues to engage in unsatisfactory work performance and/or behaviour 
then the employee’s employment will be terminated under clause 63.2. 

 

 








53  

62. Misconduct 

62.1 Prior to any action being taken as a result of misconduct (including serious and wilful 
misconduct), the employee will be advised of all allegations of misconduct and will be 
provided with the opportunity to respond. Where requested by the employee, they may be 
assisted by a representative of their choice, which may include a representative of the 
Union. 

62.2 The employee must be accorded procedural fairness at all stages of the misconduct 
process. 

62.3 The TAC may commence a disciplinary process for misconduct at any stage depending 
on the circumstances of the employee’s misconduct. 

62.4 Referred matters under clause 61 

Any matters that have arisen under the management of unsatisfactory work performance 
and/or behaviour process in clause 61 may be considered in the misconduct process 
pursuant to this clause 62. 

62.5 Disciplinary action 

In the case of misconduct by an employee that does not justify dismissal, disciplinary action 
which may be taken, includes: 

(a) first and/or final warning; 

(b) reduction in job group; 

(c) reduction in base salary with the employee’s agreement; 

(d) compulsory transfer or other action deemed appropriate having regard to the 
circumstance. 

62.6 In the event of disciplinary action being imposed, written reasons for such action will be 
made available to the affected employee and their representative if requested. 

62.7 A written warning for misconduct will remain on an employee’s personnel file. The 
discipline outcome must be fair and reasonable in all the circumstances and not 
disproportionate to the seriousness of the matter. 

62.8 Summary dismissal 

An employee whose actions are deemed by the TAC to be serious or wilful misconduct 
may be summarily dismissed (that is without notice or payment in lieu of notice). 

 
63. Termination of Employment 

63.1 Resignation by employee 

(a) An employee may resign their employment by giving at least the following notice in 
writing: 

 

Period of continuous service Period of notice 

12 months service or less 2 weeks 

More than 12 months service 4 weeks 
 

(b) Where an employee fails to give the appropriate period of notice, the TAC may withhold 
monies due to the employee, equivalent to their ordinary time rate of pay if they had 
worked during the period of notice not given. 

(c) A casual employee may resign their employment by giving 1 days’ notice or forfeiting 1 
day’s pay in lieu of notice. 

63.2 Termination of employment by the TAC 

(a) The TAC may terminate the employment of an employee by giving the following 
notice of termination in writing: 








54  

 

Period of continuous service Period of notice 

12 months service or less 2 weeks 

More than 12 months service 4 weeks 

 

(b) The TAC will give 2 weeks’ additional notice to employees aged over 45 years of age 
who have at least 2 years’ service with the TAC. 

(c) The TAC may provide pay in lieu for part or all of the notice period. 

(d) Serious or wilful misconduct 

The TAC may immediately terminate the employment of an employee for serious or 
wilful misconduct. In such cases, salary and other entitlements will be paid up to the 
time of termination only. 

(e) Probationary employee 

During an employee’s probationary period of employment, the TAC may terminate 
their employment by giving 14 calendar days’ notice (or pay in lieu of notice), or 
immediately, in the case of serious or wilful misconduct. 

(f) Casual employee  

The TAC may terminate the employment of a casual employee by giving 1 days’ 
notice or without notice by payment of 1 days’ pay. 

 
64. Redeployment 

64.1 An employee, other than a fixed-term or casual employee, is entitled to be considered for 
redeployment for 3 months. 

64.2 Redundancy provisions of the Victorian Government’s Public Sector Industrial Relations 
Policies apply, but do not form part of this Agreement. 








55  

Schedule A - TAC Job Group Structure 

 

The table below provides indicative descriptors for the TAC Job Group classification structure. 
These indicative descriptors form part of the TAC’s job evaluation methodology and do not 
represent an exhaustive statement of the requirements of roles within the TAC.  

 

Job Group Indicative Descriptor 

1 

 

Roles at this level are administrative roles that are involved in processing 
routine tasks or duties. 
 

2 

 

Roles at this level are administrative roles that provide skilled clerical, 
operational and administrative and/or client support with a defined area.  

 

3 

 

Roles at this level are senior administrators that provide support in a 
specialist field. 
 

4 

 

Roles at this level are skilled in a particular occupation requiring sound 
analytical, project management and communication skills. 
 

5 

 

Roles at this level have expertise in providing operational or functional 
advisory as a technical professional sole contributor. May have some 
supervisory responsibility. 
 
 

Roles at this level require significant knowledge and expertise in sole 
contributor/consultant roles. May have some direct supervision or 
mentoring of lower roles or entry level manager. 
 

6 

 

Roles at this level would be managers who have broad operational 
management or strong functional expertise as an experienced professional 
sole contributor/consultant. 
 

 
 








 

56 
 

 
Schedule B - Salaries 

 

 

Job Group Base Salary 1 July 2021 1 July 2022 1 July 2023 1 July 2024 

 
1 

Minimum $53,261 $54,326 $55,413 $56,521 

Maximum $65,626 $66,939 $68,278 $69,644 

 
2 

Minimum $57,717 $58,871 $60,048 $61,249 

Maximum $76,948 $78,487 $80,057 $81,658 

 
3 

Minimum $68,090 $69,451 $70,840 $72,257 

Maximum $90,795 $92,611 $94,463 $96,352 

 
4 

Minimum $81,721 $83,355 $85,022 $86,722 

Maximum $108,956 $111,135 $113,358 $115,625 

 
5 

Minimum $97,302 $99,248 $101,233 $103,258 

Maximum $145,501 $148,411 $151,379 $154,407 

 
6 

Minimum $129,821 $132,417 $135,065 $137,767 

Maximum $177,025 $180,566 $184,177 $187,861 

 

 








57 

SIGNATURES OF PERSONS AUTHORISED TO SIGN THE AGREEMENT 

Signed on behalf of the employer 

Transport Accident Commission 

60 Brougham Street, Geelong, Victoria 3220 

Signature: Date: 

 Joe Calafiore, Chief Executive Officer 

Signed on behalf of  

Community and Public Sector Union, SPSF Group Victorian Branch 

Level 4 128 Exhibition Street, Melbourne 3000 

Signature: Date: 

Karen Batt, Branch Secretary, CPSU SPSF Group Victoria Branch 

  22/12/2021

20/12/2021






  

 3 



Model flexibility term  Schedule 2.2 

   

 
 

 

 Fair Work Regulations 2009 113 

 

Schedule 2.2—Model flexibility term 
(regulation 2.08) 
   

Model flexibility term 

 (1) An employer and employee covered by this enterprise agreement 

may agree to make an individual flexibility arrangement to vary the 

effect of terms of the agreement if: 

 (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 the employer and 

employee in relation to 1 or more of the matters mentioned in 

paragraph (a); and 

 (c) the arrangement is genuinely agreed to by the employer and 

employee. 

 (2) The employer must 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 terms 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. 

 (3) The employer must ensure that the individual flexibility 

arrangement: 

 (a) is in writing; and 

 (b) includes the name of the employer and employee; and 

 (c) is signed by the employer and employee and if the employee 

is under 18 years of age, signed by a parent or guardian of  

the employee; and 

 (d) includes details of:  

Federal Register of Legislative Instruments F2014C00008








Schedule 2.2  Model flexibility term 

   

 
 

 

114 Fair Work Regulations 2009  

 

 (i) the terms of the enterprise agreement that will be varied 

by the arrangement; and 

 (ii) how the arrangement will vary the effect of the terms; 

and 

 (iii) how the employee will be better off overall in relation to 

the terms and conditions of his or her employment as a 

result of the arrangement; and  

 (e) states the day on which the arrangement commences. 

 (4) The employer must give the employee a copy of the individual 

flexibility arrangement within 14 days after it is agreed to. 

 (5) The employer or employee may terminate the individual flexibility 

arrangement: 

 (a) by giving no more than 28 days written notice to the other 

party to the arrangement; or 

 (b) if the employer and employee agree in writing—at any time. 

Federal Register of Legislative Instruments F2014C00008








 

  

 

7 February 2022 

 

IN THE FAIR WORK COMMISSION 

 

FWC Matter No.: 

AG2021/9275 

 

Applicant: 

Transport Accident Commission (TAC) 

 

Section 185 – Application for approval of a single enterprise agreement 

 

Undertakings – Section 190 

I, Peter Thomas, Senior Manager People & Culture Operations have the authority given to me by the TAC 

to give the following undertakings with respect to the TAC Enterprise Agreement 2021 - 2025 ("the 

Agreement"): 

 

1. The TAC undertakes that despite the operation of clause 14.6 of the Agreement, payment for part-

time employment must be for not less than 3 consecutive hours in any day worked except where 

the employee works from home by agreement with the TAC; or in exceptional circumstances. 

 

2. The TAC undertakes that all employees are paid above the minimum Award rate to compensate 

for the span of hours 7am – 7pm (AEST/AEDT), Monday to Friday, despite the operation of clause 

15.1(a). 

 
3. The TAC undertakes that reference to shift allowances is not applicable in clause 17 of the 

Agreement, the TAC does not employ shift workers. Job group 1 - 6 employees will be 

remunerated in accordance with overtime provisions only, where applicable. 

 

These undertakings are provided on the basis of issues raised by the Fair Work Commission in the 

application before the Fair Work Commission. 

 

 

Peter Thomas 

Senior Manager, People & Culture Operations 

On behalf of the Transport Accident Commission 

 

 11.02.2022 

Date 


1300 654 329 / 1800 332 556 DX 216079 Geelong tac.vic.gov.au 60 Brougham St Geelong Victoria 3220 ABN. 22 033 947 623 VICTORIA State Government

Cases cited by this decision: