Royal Botanic Gardens Victoria Enterprise Agreement 2021

1

Fair Work Act 2009 
s.185—Enterprise agreement

Royal Botanic Gardens Board T/A Royal Botanic Gardens Victoria
(AG2022/556)

ROYAL BOTANIC GARDENS VICTORIA ENTERPRISE 
AGREEMENT 2021

State and Territory government administration

COMMISSIONER O'NEILL MELBOURNE, 22 MARCH 2022

Application for approval of the Royal Botanic Gardens Victoria Enterprise Agreement 2021

[1] Royal Botanic Gardens Victoria has applied for approval of an enterprise agreement 
known as the Royal Botanic Gardens Victoria Enterprise Agreement 2021 (the Agreement). 
The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single 
enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached 
in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any 
employee covered by the Agreement and that the undertakings will not result in substantial 
changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the 
requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have 
been met.

[4] The CPSU, the Community and Public Sector Union being a bargaining representative 
for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover 
it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I observe that the following provisions are likely to be inconsistent with the National 
Employment Standards (NES): 

 Clause 18.6 – Right to Request Casual Conversion;
 Clause 19.1(c) – Notice of Termination by RBGV; 
 Clause 55.19 – Employee Couple – Concurrent Leave; and 
 Clause 66.1 – Leave Accrual.

[2022] FWCA 913

DECISION
FairWork 

Commission 


AUSTRALIA FairWork Commission




 



[2022] FWCA 913

2

However, noting clause 11 of the Agreement and the undertakings given by the Employer, I am 
satisfied the more beneficial entitlements of the NES will prevail where there is an 
inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
29 March 2022. The nominal expiry date of the Agreement is 30 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

AE515354  PR739368


O MISSION THE SEAI ACOTRALIA S THE FAIR WORK




 



[2022] FWCA 913

3

Annexure A

IN THE FAIR WORK COMMISSION 

FWC Matter No.: 
AG2022/556 

Applicant: 
(name of applicant) 

Section 185 - Application for approval of a single enterprise agreement 

Undertaking - Section 190 

I, Joanne Frankel, Head of People and Culture have the authority given to me by Royal 
Botanic Gardens Board to give the following undertakings with respect to the Royal Botanic 
Gardens Victoria Enterprise Agreement 2021 ("the Agreement"): 

1. Further to clause 18.6 relating to Casual Conversion, the Royal Botanic Gardens 
Victoria (RBGV) will provide an offer in writing within 21 days of the casual employee 
being employed for a period of 12 months where they have worked a regular pattern 
of hours during the last 6 months of that period as provided at s.66B of the Fair Work 
Act 2009. 

2. Despite the wording in clause 55.19 of the Agreement, RBGV agrees to adopt the 
definition of employee couple as set out in section 12 of the Fair Work Act 2009. 

3. The Royal Botanic Gardens Victoria (RBGV) confim1s that no employee at Grade 1.1 
or 2.1 will be engaged outside the hours of 7am - 6.30pm. 

These undertakings are provided on the basis of issues raised by the Fair Work Commission 
in the application before the Fair Work Commission. 

it...J 
'J • 

Signature 

~---16 March 2022 __ _ 
Date 


IN THE FAIR WORK COMMISSION FWC Matter No .: AG2022/556 Applicant: (name of applicant) Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Joanne Frankel, Head of People and Culture have the authority given to me by Royal Botanic Gardens Board to give the following undertakings with respect to the Royal Botanic Gardens Victoria Enterprise Agreement 2021 ("the Agreement"): 1. Further to clause 18.6 relating to Casual Conversion, the Royal Botanic Gardens Victoria (RBGV) will provide an offer in writing within 21 days of the casual employee being employed for a period of 12 months where they have worked a regular pattern of hours during the last 6 months of that period as provided at s.66B of the Fair Work Act 2009. 2. Despite the wording in clause 55.19 of the Agreement, RBGV agrees to adopt the definition of employee couple as set out in section 12 of the Fair Work Act 2009. 3 The Royal Botanic Gardens Victoria (RBGV) confirms that no employee at Grade 1.1 or 2.1 will be engaged outside the hours of 7am - 6.30pm. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature 16 March 2022 Date




 



 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 1 

ROYAL BOTANIC GARDENS VICTORIA ENTERPRISE AGREEMENT 2021 

 

1. ARRANGEMENT  

 

Clause  Page 
Number Subject Number 

1. Arrangement ............................................................................................................... 1 
Part 1 – Application and operation of agreement .................................................................. 6 
2. Title ............................................................................................................................. 6 
3. Definitions ................................................................................................................... 6 
4. Commencement Date and Period of Operation ........................................................... 7 
5. Agreement coverage ................................................................................................... 7 
6. Gender Equity ............................................................................................................. 7 
7. Anti-Discrimination ...................................................................................................... 9 
8. Renegotiation period ................................................................................................. 10 
9. No further claims ....................................................................................................... 10 
10. Exclusion of Prior Industrial Instruments ................................................................... 10 
11. Preserved Rights ...................................................................................................... 10 
12. Individual Flexibility Arrangements ............................................................................ 11 

12.1 Employee Representative.......................................................................... 11 
12.2 Legal Requirements .................................................................................. 11 
12.3 Employer Obligation .................................................................................. 11 
12.4 Employee Copy ......................................................................................... 12 
12.5 Termination ............................................................................................... 12 

13. Right to Request Flexible Working Arrangements ..................................................... 12 
Part 2 – Communication, Consultation and Dispute Resolution ......................................... 15 
14. Implementation of Change ........................................................................................ 15 
15. Consultation on changes to rosters or hours of work ................................................. 16 
16. Resolution of Disputes .............................................................................................. 17 

16.1 Resolution of disputes and grievances ...................................................... 17 
16.2 Obligations ................................................................................................ 17 
16.3 Agreement and dispute settlement facilitation ............................................ 17 
16.4 Discussion of grievance or dispute ............................................................ 18 
16.5 External process ........................................................................................ 18 
16.6 Disputes of a Collective Character ............................................................. 18 
16.7 Conciliation ................................................................................................ 18 
16.8 Arbitration .................................................................................................. 19 
16.9 General Powers and Procedures of FWC .................................................. 19 

Part 3 – Employment Relationship and related Arrangements ........................................... 20 
17. Secure employment .................................................................................................. 20 
18. Employment Categories and Entitlements ................................................................ 20 

18.1 Basis of Employment ................................................................................. 20 
18.2 Job Information .......................................................................................... 20 
18.3 Probationary Period – New Employee ....................................................... 21 
18.4 Part-Time Employment .............................................................................. 21 
18.5 Casual Employment .................................................................................. 21 
18.5.1 Employment of Causals ............................................................................. 21 
18.5.2 Casual Employees’ Entitlements ............................................................... 21 
18.6 Right to Request Casual Conversion ......................................................... 22 
18.7 Fixed-Term Employment ........................................................................... 24 
18.8 Fixed-Task Employment ............................................................................ 24 

19. Termination of employment ....................................................................................... 25 
19.1 Notice of Termination by RBGV ................................................................. 25 






steele
Undertaking



 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 2 

19.2 Notice of Termination by Employee ........................................................... 25 
20. Abandonment of Employment ................................................................................... 25 
21. Working from Home .................................................................................................. 25 
22. Use of Private Motor Vehicle ..................................................................................... 26 
23. Uniform and Identification ......................................................................................... 26 
24. Redeployment and Redundancy Provisions .............................................................. 26 
25. Costs of Employment Related Legal Proceedings .................................................... 26 

25.1 Coverage of Costs ..................................................................................... 26 
25.2 Intervention Order ..................................................................................... 27 
25.3 Timing of Payment..................................................................................... 27 
25.4 Indemnity of Employees ............................................................................ 27 

26. Management of Unsatisfactory Work Performance ................................................... 27 
26.1 The purpose of this clause is to: ................................................................ 27 
26.2 Meaning of unsatisfactory work performance............................................. 27 
26.3 Employee representation ........................................................................... 27 
26.4 Prior to Commencing the formal process ................................................... 27 
26.5 Procedural Fairness .................................................................................. 28 
26.6 Referred Unsatisfactory Work Performance Matters .................................. 28 
26.7 Process to manage unsatisfactory work performance ................................ 28 
26.8 Stages of the formal unsatisfactory work performance process ................. 29 
26.8.1 First stage – formal counselling ................................................................. 29 
26.8.2 Second stage – formal written warning ...................................................... 29 
26.8.3 Third stage – final warning ......................................................................... 30 
26.8.4 Fourth Stage.............................................................................................. 30 

27. Management of Misconduct ...................................................................................... 31 
27.1 The purpose of this clause is to: ................................................................ 31 
27.2 Meaning of misconduct .............................................................................. 31 
27.3 Referred matters under clause 26 ............................................................. 32 
27.4 General principles ..................................................................................... 32 
27.5 Directions .................................................................................................. 33 
27.6 Procedural fairness.................................................................................... 33 
27.7 Investigation of alleged misconduct ........................................................... 34 
27.8 Possible outcomes .................................................................................... 35 
27.9 Potential criminal conduct .......................................................................... 35 

Part 4 – Salary and related matters ....................................................................................... 36 
28. Classification Structure and Salary ........................................................................... 36 

28.1 Classification Structure .............................................................................. 36 
28.2 Salary Increases ........................................................................................ 36 
28.3 Progression Protocols ............................................................................... 36 

29. Performance Review System .................................................................................... 37 
29.1 Performance Cycle and Review................................................................. 37 
29.2 Performance Standards ............................................................................. 38 
29.3 Progression Step Incrementswithin the Value Range ................................ 38 
29.4 Top of Grade and Value Range Bonus payment ....................................... 38 
29.5 Eligibility for the Progression Step Increment or the Top of Grade 

and Value Range Bonus Payment ............................................................. 38 
30. Payment of salaries .................................................................................................. 39 
31. Supported wage system............................................................................................ 39 
32. Higher Duties and Secondments ............................................................................... 40 

32.1 Higher Duties ............................................................................................. 40 
32.2 Secondments ............................................................................................ 40 

33. Agility allowance ....................................................................................................... 40 
34. First Aid Officer Payment ........................................................................................ 432 
35. Fire Payment ............................................................................................................ 43 
36. Designated on-call officer Payment ........................................................................... 44 
37. Snake Handler Allowance ......................................................................................... 44 
38. Chief Warden/Deputy Chief Warden allowance ...................................................... 443 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 3 

39. Travel, accommodation expenses ............................................................................. 45 
40. Superannuation ........................................................................................................ 45 
41. Salary Packaging ...................................................................................................... 45 
Part 5 – Hours of work and related matters .......................................................................... 45 
42. Work Arrangements .................................................................................................. 45 

42.1 Time Keeping ............................................................................................ 45 
43. Hours of Work ........................................................................................................... 45 

43.1 Work Hours ............................................................................................... 45 
43.2 Days of cultural and religious significance ................................................. 45 
43.3 Flexibility ................................................................................................... 45 
43.3 Weekend Loading ..................................................................................... 47 
43.4 Work Outside the Span of Ordinary Hours ................................................. 47 
43.5 Public Holiday Rates ................................................................................. 47 
43.6 Special Day in Lieu .................................................................................... 47 
43.7 Rest Pause ................................................................................................ 47 

44. Meal Breaks .............................................................................................................. 48 
44.1 Maximum Continuous Work ....................................................................... 48 
44.2 Length of Interval ....................................................................................... 48 
44.3 Staggering of Meal Breaks ........................................................................ 48 

45. Overtime ................................................................................................................... 48 
45.1 Requirement to Work Reasonable Overtime and Right to Refuse 

Overtime .................................................................................................... 48 
45.2 Requirement to Pay Overtime ................................................................... 48 
45.3 Overtime Rates of Payment ....................................................................... 48 
45.4 Time in Lieu of Overtime ........................................................................... 49 
45.5 Time in Lieu of Overtime for Employees classified at Grade 5.1 

and above ................................................................................................. 49 
45.6 Overtime – Minimum Payment .................................................................. 49 
45.7 Overtime for Employees working Less than 38 Hours per Week ............... 49 
45.8 Rest Period ............................................................................................... 49 
45.9 Overtime Meal Payment ............................................................................ 50 
45.10 Workload ................................................................................................... 50 
45.11 Childcare and Dependent Care ................................................................. 50 

46. Excess Travelling Time ............................................................................................. 51 
Part 6 – Leave and related matters ........................................................................................ 52 
47. Public Holidays ......................................................................................................... 52 
48. Standard Day for Approved Leave Purposes ............................................................ 52 
49. Annual Leave ............................................................................................................ 52 

49.1 Annual Leave Entitlement .......................................................................... 52 
49.2 Other periods of leave during Annual Leave .............................................. 53 
49.3 Public Holidays during Annual Leave ........................................................ 53 
49.4 Payment in Advance .................................................................................. 53 
49.5 Cashing out of Annual Leave ..................................................................... 53 

50. Annual Leave Loading  ............................................................................................. 53 
51. Purchased Leave (46/52, 47/52, 48/52, 49/52, 50/52, 51/52) .................................... 54 
52. Personal Leave ......................................................................................................... 54 

52.1 Personal Leave Entitlement and Purpose .................................................. 54 
52.2 Definition of Immediate Family .................................................................. 55 
52.3 Personal Leave Evidence Requirements ................................................... 55 
52.4 Definition of Registered Practitioners ......................................................... 56 
52.5 Public Holidays during Personal Leave...................................................... 56 
52.6 Unpaid Personal/Carer’s Leave ................................................................. 56 
52.7 Make-up Time ........................................................................................... 56 

53. RBGV personal Leave Bank ..................................................................................... 56 
53.1 Accessing the Personal Leave Bank ......................................................... 56 

54. Compassionate Leave .............................................................................................. 57 
55. Parental leave ........................................................................................................... 57 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 4 

55.1 Application ................................................................................................. 57 
55.2 Definitions ................................................................................................. 57 
55.3 Summary of Parental Leave Entitlements .................................................. 57 
55.4 Parental Leave – Primary Caregiver .......................................................... 59 
55.5 Parental Leave – Secondary Caregiver ................................................... 610 
55.6 Additional paid leave for Secondary Caregiver .......................................... 60 
55.7 Pre-Natal Leave ........................................................................................ 62 
55.8 Pre-adoption Leave ................................................................................... 62 
55.9 Permanent Care Leave ............................................................................. 62 
55.10 Grandparent Leave.................................................................................... 62 
55.11 Employer contributions in respect of Primary Caregiver Parental 

Leave ........................................................................................................ 62 
55.12 Continuing to Work While Pregnant ........................................................... 63 
55.13 Personal/Carer’s Leave ............................................................................. 63 
55.14 Transfer to a Safe Job ............................................................................... 63 
55.15 Special Parental Leave .............................................................................. 64 
55.16 Notice and Evidence Requirements ........................................................... 64 
55.17 Commencement of Parental Leave ........................................................... 65 
55.18 Period of Parental Leave ........................................................................... 65 
55.19 Employee Couple – Concurrent Leave ...................................................... 65 
55.20 Parental Leave and Other Entitlements ..................................................... 64 
55.21 Keeping in Touch Days ............................................................................. 64 
55.22 Extending Parental Leave.......................................................................... 64 
55.23 Calculation of Pay for the Purposes of Parental Leave .............................. 65 
55.24 Commonwealth Paid Parental Leave ......................................................... 66 
55.25 Returning to Work ..................................................................................... 66 
55.26 Consultation and Communication during Parental Leave........................... 67 
55.27 Extended Family Leave ............................................................................. 67 
55.28 Replacement Employees ........................................................................... 67 
55.29 Casual Employees..................................................................................... 68 
55.30 Nursing Parents ......................................................................................... 68 

56. Cultural and ceremonial leave ................................................................................... 68 
56.1 NAIDOC Week Leave ................................................................................ 68 
56.2 Leave to attend Aboriginal community meetings ........................................ 68 
56.3 Leave to attend Annual General Meetings of Aboriginal community 

organisations ............................................................................................. 68 
56.4 Ceremonial leave ....................................................................................... 68 
56.5 Leave to participate in the First Peoples’ Assembly of Victoria .................. 69 

57. Long Service Leave .................................................................................................. 69 
57.1 Basic Entitlement ....................................................................................... 69 
57.2 Pro-rata Access ......................................................................................... 69 
57.3 Public Holidays during Long Service Leave ............................................... 69 
57.4 Pro-rata Payment of Long Service Leave .................................................. 70 
57.5 Eligible Period of Service ........................................................................... 70 
57.6 Half Pay ..................................................................................................... 70 
57.7 Time of Taking Leave ................................................................................ 70 
57.8 Prior Service Recognition .......................................................................... 70 
57.9 Payment for Leave .................................................................................... 71 

58. Jury Leave / FWC Attendance Leave ........................................................................ 72 
58.1 Jury Leave ................................................................................................. 72 
58.2 Leave to Attend the FWC .......................................................................... 72 

59. Study Leave .............................................................................................................. 73 
59.1 Purpose of Study Leave ............................................................................ 73 
59.2 Quantity of Leave ...................................................................................... 73 
59.3 Examination and Graduation Leave ........................................................... 73 
59.4 Revocation of Leave .................................................................................. 73 
59.5 Approved Courses ..................................................................................... 73 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 5 

60. Community Service Leave ........................................................................................ 74 
60.1 Defence Force Reserves ........................................................................... 74 
60.2 Emergency Services Leave ....................................................................... 74 
60.3 Training or Qualification Activities .............................................................. 74 
60.4 Municipal Council Activities ....................................................................... 75 
60.5 Community Activities ................................................................................. 75 

61. Military Service Sick Leave ....................................................................................... 75 
62. Leave To Attend Rehabilitation Program ................................................................... 75 
63. Leave for Blood Donations ........................................................................................ 76 
64. Annual Skin checks ................................................................................................... 76 
65. Infectious Diseases/Dangerous Medical Conditions .................................................. 76 
66. Leave Without Pay .................................................................................................... 77 

66.1 Leave Accrual ............................................................................................ 77 
67. Family Violence Support ........................................................................................... 77 

67.1 General Principle ....................................................................................... 77 
67.2 Definition of Family Violence ..................................................................... 77 
67.3 Eligibility .................................................................................................... 77 
67.4 General Measures ..................................................................................... 77 
67.5 Leave ........................................................................................................ 78 
67.6 Individual Support ...................................................................................... 78 

Part 7 – Occupational Health & Safety and Related Matters ............................................... 80 
68. Accident Make-up pay .............................................................................................. 80 
69. occupational health and safety (OHS) and rehabilitation ........................................... 80 

69.1 Objectives ................................................................................................. 80 
69.2 OHS Consultation ...................................................................................... 81 
69.3 OHS Training ............................................................................................. 81 
69.4 Designated Work Groups (DWGs) ............................................................. 81 
69.5 Bullying and Violence at Work ................................................................... 82 
69.6 Employee Support and Debriefing ............................................................. 82 

70. Industrial relations/occupational health and safety training ........................................ 83 
71. Agreement Compliance and Union Related Matters .................................................. 84 

71.1 Protection .................................................................................................. 84 
71.2 Facilities .................................................................................................... 84 
71.3 Employee Representation on CPSU SPSF Victorian Branch 

Council ...................................................................................................... 84 
72. Right of Entry ............................................................................................................ 85 

 
Appendix 1.  Classification structure and rates of pay .............................................................. 87 
Appendix 2. Work level descriptors........................................................................................... 90 
Appendix 3. Supported wage system ..................................................................................... 109 
 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 6 

PART 1 – APPLICATION AND OPERATION OF AGREEMENT 

2. TITLE  

This Agreement shall be known as:   

Royal Botanic Gardens Victoria Enterprise Agreement 2021 

3. DEFINITIONS  
 

Unless inconsistent with the context or intent of a particular clause, or to definitions 
specifically provided for in this Agreement, the following definitions shall apply.  
 

‘Agreement’ means this Agreement, the Royal Botanic 
Gardens Victoria Enterprise Agreement 2021. 

‘Annual Salary’ An employee’s single time rate of pay expressed 
as an annual amount based on working full time 
equivalent hours (ie; 76 hours per fortnight) over 
52 weeks at the substantive rate of pay. 

‘Award’ means the State Government Agencies Award 
2020 as varied from time to time.  

Casual Employee casual employee has the meaning given by 
section 15A of the Fair Work Act 2009. 

‘Corporate Plan’ means the Royal Botanic Gardens Victoria 
Corporate Plan 2021–2024, as amended from 
time to time, which specifies the organisational 
Strategic Goals. 

‘Employee’ means Employees of the Royal Botanic Gardens 
Board classified within the RBGV classification 
structure and covered by this Agreement. 

‘FWC’ means Fair Work Commission. 

‘Points Factor Evaluation 
System’ 

means the Mercer Human Resource Consulting 
job evaluation system, sometimes referred to as 
PFES. 

‘RBGV’ means Royal Botanic Gardens Victoria, the 
organisation. 

‘RBGV Annual Business Plan’ means the annual plan specifying corporate 
performance targets, as amended annually. 

‘Royal Botanic Gardens Board’ means the Employer, the Royal Botanic Gardens 
Board established under Part 2 of the Royal 
Botanic Gardens Act 1991. 

‘Union or CPSU’ means the Community and Public Sector Union. 

 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 7 

4. COMMENCEMENT DATE AND PERIOD OF OPERATION  

This Agreement will come into effect on and from the seventh day after it is approved 
by the FWC and will have a nominal expiry date of 30 November 2025.  

5. AGREEMENT COVERAGE 

This Agreement covers and applies to: 

• Royal Botanic Gardens Board, and 

• All Employees of the Royal Botanic Gardens Board, except employees 
engaged on executive contracts that are governed by the Victorian 
Government PEER policy, and  

• Community and Public Sector Union (CPSU) 

6. GENDER EQUITY  

6.1 Gender Pay Equity Principles 

The provisions of this Agreement are to be interpreted consistently with the following 
gender pay equity principles: 

a) Establishing equal pay for work of equal or comparable value: Equal or 
comparable value refers to work valued as equal in terms of skill, effort, 
responsibility and working conditions.  This includes work of different types. 

b) Freedom from bias and discrimination: Employment and pay practices are free 
from the effects of unconscious bias and assumptions based on gender. 

c) Transparency and accessibility: Employment and pay practices, pay rates and 
systems are transparent. Information is readily accessible and understandable. 

d) Relationship between paid and unpaid work: Employment and pay practices 
recognize and account for different patterns of labour force participation by 
workers who are undertaking unpaid and/or caring work. 

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

f) Participation and engagement: Workers, unions and employers work 
collaboratively to achieve mutually agreed outcomes. 

6.2 Meaning of Pay  

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

6.3 Commitment to collaborative approach to achieving gender pay equity 

RBGV 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. 

6.4 Claims relating to systemic gender equality issues 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 8 

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

i. the gender composition of any or all workforce levels of the RBGV 

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 RBGV, irrespective of gender; or 

iv. Sexual harassment in the workplace; or 

v. Recruitment and promotion practices in the workplace; or 

vi. Availability and utilization of terms, conditions and practices in the 
workplace relating to family violence leave, flexible working 
arrangements and working arrangements supporting Employees with 
family or caring responsibilities; or 

vii. Gendered workplace segregation. 

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 issues (Claim) 
in accordance with this clause. 

c) A Claim or Claims under this clause must be made in writing to RBGV 

d) In the first instance the Claim should include sufficient detail for the RBGV 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 RBGV must meet and discuss the Claim with the Claimant/s prior to 
responding to the Claim. 

f) The RBGV must respond to the Claim in writing to the Claimant/s, within a 
reasonable time, including enough details in the response to allow the 
Claimant/s to understand RBGV’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 RBGV and the Claimant/s, 
either the Claimant/s or the RBGV may refer the Claim to the Public Sector 
Gender Equality Commissioner (Commissioner) to deal with. 

h) In dealing with a Claim, the Commissioner: 

i. Must consider the Gender Pay Equity Principles articulated at clause 
6.1 above. 

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

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

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








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 9 

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

vi. Must deal with the Claim in a manner that is independent of the 
RBGV or the Claimant/s; and 

vii. Must consider evidence that the Claim may not be isolated to the 
RBGV subject to the Claim but may affect Employees from other 
public sector employers not covered by this Agreement; and 

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

ix. Must consider the views of the Claimant/s prior to jointly dealing with 
multiple Claims or disputes; and 

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

i) If a Claim is unable to be resolved by the Commissioner, either the 
Claimant/s or the RBGV may refer the Claim to the Fair Work Commission 
for resolution pursuant to clause 16 of this Agreement. 

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

k) A Claimant or RBGV may choose to be represented at any stage by a 
representative, including a CPSU representative or from within RBGV. 

l) The Claimant and RBGV and their representatives must genuinely attempt 
to resolve the dispute through the processes set out in this clause and must 
cooperate to ensure that these processes are carried out expeditiously. 

m) Whilst a Claim is being dealt with in accordance with this clause, work must 
continue in accordance with usual practice, provided that this does not apply 
to an Employee who has a reasonable concern about an imminent risk to 
their health or safety, has advised the RBGV of this concern and has not 
unreasonably failed to comply with a direction by the RBGV to perform other 
available work that is safe and appropriate for the Employee to perform. No 
party will be prejudiced as to the final settlement of the Claim by the 
continuance of work in accordance with this clause. 

6.5 Gender Equality Action Plans 

The RBGV will consult with the CPSU in the preparation of Gender Equality Action 
Plans under the Gender Equality Act 2020 (Vic). 

7. ANTI-DISCRIMINATION 

It is the intention of the parties to this Agreement to achieve the objectives in section 
3(e) of the Fair Work Act 2009 through respecting and valuing the diversity of the 
workforce by helping to prevent and eliminate discrimination on the basis of race, 
colour, sex, sexual orientation, age, physical or mental disability, marital status, family 
responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 10 

Accordingly, in fulfilling their obligations under the Dispute Settlement Provisions, the 
parties must make every endeavour to ensure that neither the Agreement provisions 
nor their operation are directly or indirectly discriminatory in their effects. 

Nothing in this clause is to be taken to affect: 

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

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

(c) the exemptions in section 772 of the Fair Work Act 2009 (Cth). 

8. RENEGOTIATION PERIOD 

The CPSU and the RBGV agree to commence negotiations for a new agreement no 
less than four months prior to the expiry of this Agreement, subject to government 
response to management logs submitted 

The CPSU and the RBGV agree to meet regularly to progress negotiations in good 
faith.  To this end, small working groups may be established to examine particular 
areas of disagreement. 

The person/s responsible for negotiating will bring with them the necessary authority to 
finalise an agreement. 

During this period, the CPSU and the RBGV will not act in a manner that is designed to 
frustrate good faith bargaining. 

9. NO FURTHER CLAIMS 

It is a term of this Agreement that no further claims of wages, salaries or other terms or 
conditions of employment will be pursued during the life of this Agreement. This 
Agreement is in full settlement of all issues that might arise between the parties while 
this Agreement is in operation. The parties agree that while this Agreement is in 
operation, neither party will take or attempt to take protected industrial action under the 
Fair Work Act 2009. 

Any general wage increases made by the Minimum Wage Panel of the FWC shall be 
absorbed.  

10. EXCLUSION OF PRIOR INDUSTRIAL INSTRUMENTS 

This Agreement regulates the terms and conditions of employment of employees of the 
RBGV and excludes and displaces the operation of any and all other matters and 
conditions of employment in any modern award or agreement.  For the avoidance of 
doubt, this Agreement operates to the express exclusion of the Award and replaces the 
Royal Botanic Gardens Enterprise Agreement 2017.  

11. PRESERVED RIGHTS 

It is the intention of the parties that a dispute or grievance that is being considered 
pursuant to clause 16 of the Royal Botanic Gardens Enterprise Agreement 2017 at the 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 11 

time that this Agreement comes into effect, may be continued pursuant to the 
Resolution of Disputes clause of this Agreement.  

 
No Employee will, on balance, have their pay and conditions reduced as a result of 
making this Agreement. 
 
No term of this Agreement will operate to exclude any entitlement provided by the 
National Employment Standards (NES) or to provide any entitlement which is 
detrimental to an employee’s entitlement under the NES. For the avoidance of doubt, if 
there is any inconsistency between this Agreement and the NES to the detriment of an 
employee, the NES will prevail. 

12. INDIVIDUAL FLEXIBILITY ARRANGEMENTS 

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 one 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 one or more of the matters mentioned in 
paragraph (a); and 

(c) the arrangement is genuinely agreed to by the employer and 
Employee. 

12.1 Employee Representative 

An Employee may nominate a representative to assist in negotiations for an individual 
flexibility arrangement. 

12.2 Legal Requirements 

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. 

12.3 Employer Obligation 

The employer must ensure that the individual flexibility arrangement: 

(a) is in writing; and 

(b) includes the name of the employer and Employee; and 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 12 

(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:  

(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 their employment as a result of the 
arrangement; and  

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

12.4 Employee Copy 

The employer must give the Employee a copy of the individual flexibility arrangement 
within 14 days after it is agreed to. 

12.5 Termination 

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. 

13. RIGHT TO REQUEST FLEXIBLE WORKING ARRANGEMENTS 

13.1 In accordance with and pursuant to section 65 of the Fair Work Act 2009, an 
Employee may request a change in their working arrangements on the basis 
of the following circumstances: 

(a)  the Employee is the 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. 

 
Note: Examples of changes in working arrangements include changes in 
hours of work, changes in patterns of work and changes in location of work. 

13.2 To avoid doubt, and without limiting clause 1, an Employee who: 

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








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 13 

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

of the child;  
 
may request to work part-time to assist the Employee to care for the child. 

 
13.3 An Employee is not entitled to make a request under this clause unless: 

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

  
(b) for a casual Employee – the Employee: 

 
(i) Is a long term casual Employee of the Employer immediately 

before making the request; and 
 
(ii) Has a reasonable expectation of continuing employment by the 

Employer on a regular and systematic basis. 
 

13.4 A request made under this clause must be made in writing and set out details 
of the change sought and the reasons for the change. 

13.5 Before responding to a request made under section 65, the Employer must 
discuss the request with the Employee and genuinely try to reach agreement 
on a change in working arrangements that will reasonably accommodate the 
Employee’s circumstances having regard to: 

(a) the needs of the Employee arising from their circumstances 

(b) the consequences for the Employee if changes in working arrangements 
are not made; and 

(c) any reasonable business grounds for refusing the request. 

13.6 The Employer must give the Employee a written response within 21 days, 
stating whether the Employer grants or refuses the request. 

13.7 The Employer may only refuse the request on reasonable business grounds 

13.8 Without limiting what are reasonable business grounds for the purposes of 
clause 13.7, reasonable business grounds include the following: 

(a) that the new working arrangements requested by the Employee would 
be too costly for the Employer; 

 
(b) that there is no capacity to change the working arrangements of other 

Employees, or recruit new Employees, to accommodate the new 
working arrangements requested by the Employee; 

 
(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; 

 
(d) that the new working arrangements requested by the Employee would 

be likely to result in a significant loss in efficiency or productivity; 
 








 

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

 
13.9 If the Employer refuses the request made under clause 13.4, the written 

response under clause 13.6 must include details of the reasons for the 
refusal. 

  








 

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PART 2 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 

14. IMPLEMENTATION OF CHANGE  

Where the RBGV has developed a proposal for major change likely to have a 
significant effect on Employees, such as a restructure of the workplace, the introduction 
of new technology or changes to existing work practices of Employees, the RBGV will 
advise the affected Employees, the CPSU and any other appointed employee 
representatives, if any, of the proposed change as soon as practicable after the 
proposal has been made. The RBGV will advise the affected Employees and the CPSU 
of the likely effects on the Employees’ working conditions and responsibilities. The 
RBGV will advise of the rationale and intended benefits of any change, including 
improvements to productivity, if applicable.  

For the purpose of this clause, a major change is likely to have a significant effect on 
Employees if it results in:  

(i) the termination of the employment of Employees; 

(ii) major change to the composition, operation or size of the 
Employer’s workforce or to the skills required of Employees;  

(iii) the elimination or diminution of job opportunities (including 
opportunities for promotion or tenure);  

(iv) the alteration of hours of work;  

(v) the need to retrain Employees;  

(vi) the need to relocate Employees to another workplace;  

(vii) the restructuring of jobs.  

The RBGV will regularly consult with affected Employees, the CPSU and any other 
appointed employee representatives, if any, and give prompt consideration to matters 
raised by the Employees, CPSU or other representative and where appropriate provide 
training for the Employees to assist them to integrate successfully into the new 
structure.  

In accordance with this clause, affected Employees and the CPSU may submit 
alternative proposals which will meet the indicated rationale and benefits of the 
proposal. Such alternative proposals must be submitted in a timely manner so as not to 
lead to an unreasonable delay in the introduction of any contemplated change. If such a 
proposal is made the RBGV must give considered reasons to affected Employees, and 
the CPSU, if the RBGV does not accept its proposals.  

  








 

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Indicative reasonable timeframes for the purposes of this clause are as follows: 

Step in process Number of working days in which to 
perform each step 

RBGV advises CPSU and Employees  

Employee’s or CPSU response 5 days following receipt of written advice 

Meeting convened (if requested) 5 days following request for meeting 

Further RBGV response (if relevant) 5 days following meeting 

Employee’s or CPSU alternative 
proposal (if applicable) 

10 days 

RBGV response to any alternative 
proposal 

10 days 

 

Any dispute concerning the parties’ obligations under this clause shall be dealt with in 
accordance with the Resolution of Disputes clause of this Agreement. 

15. CONSULTATION ON CHANGES TO ROSTERS OR HOURS OF WORK 

This clause applies if RBGV proposes to introduce a change to the regular roster or 
ordinary hours of work of Employees.  

 

15.1 RBGV must notify the relevant Employees of the proposed change.  

15.2 The relevant Employees may appoint a representative for the purposes of the 
procedures in this clause. 

15.3 If: 

(a) a relevant Employee appoints, or relevant Employees appoint, a 
representative for the purposes of consultation; and 

(b) the Employee or Employees advise RBGV of the identity of the 
representative;  

RBGV must recognise the representative. 
 

15.4 As soon as practicable after proposing to introduce the change, RBGV must: 

(a) discuss with the relevant Employees the introduction of the change; 
and 

(b) for the purposes of the discussion—provide to the relevant Employees: 

(i) all relevant information about the change, including the nature of 
the change; and 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 17 

(ii) information about what the employer reasonably believes will be the 
effects of the change on the Employees; and 

(iii) information about any other matters that RBGV reasonably believes 
are likely to affect the Employees; and 

(c) invite the relevant Employees to give their views about the impact of 
the change (including any impact in relation to their family or caring 
responsibilities). 

15.5 However, the RBGV is not required to disclose confidential or commercially 
sensitive information to the relevant Employees. 

15.6 The RBGV must give prompt and genuine consideration to matters raised 
about the change by the relevant Employees. 

16. RESOLUTION OF DISPUTES 

16.1 Resolution of disputes and grievances 

Unless otherwise provided for in this Agreement, a dispute or grievance about a matter 
arising under this Agreement, or the National Employment Standards (NES) set out in 
the Fair Work Act 2009, or relating to the employment relationship other than 
termination of employment, must be dealt with in accordance with this clause.  

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. 

A person covered by this Agreement may choose to be represented at any stage by a 
representative, including an Employee Representative or Employer’s organisation. 

16.2 Obligations 

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 co-operate to ensure that these processes are carried out expeditiously. 

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

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

16.3 Agreement and dispute settlement facilitation 

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 RBGV, they must be released by the RBGV 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:  

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








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 18 

(b) Endeavouring to resolve a dispute arising out of the operation of the 
Agreement, or the National Employment Standards; or 

(c) Participating in conciliation, arbitration or any other agreed alternative 
dispute resolution process. 

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 RBGV. 

16.4 Discussion of grievance or dispute 

The dispute or grievance must first be discussed by the aggrieved Employee(s) with the 
immediate supervisor of the Employee(s).  

If the matter is not settled, the Employee(s) can require that the matter be discussed 
with another representative of the RBGV appointed for the purposes of this procedure. 

16.5 External process 

If the dispute or grievance is not settled through the internal dispute or grievance 
resolution process, the matter can be dealt with in accordance with the processes set 
out below. 

If the matter is not settled, the RBGV, an Employee or the CPSU may apply to FWC to 
have the dispute or grievance dealt with by conciliation. 

16.6 Disputes of a Collective Character 

The parties covered by the Agreement acknowledge that disputes of a collective 
character concerning more than one Employee may be dealt with more expeditiously 
by an early reference to FWC. 

No dispute of a collective character may be referred to FWC directly unless there has 
been a genuine attempt to resolve the dispute at the workplace level prior to it being 
referred to FWC. 

16.7 Conciliation 

Where a dispute or grievance is referred for conciliation, a member of FWC shall do 
everything that appears to the member to be right and proper to assist the parties to the 
dispute to agree on terms for the settlement of the dispute or grievance. This may 
include arranging: 

(a) conferences of the parties to the dispute or their representatives presided 
over by the member; and 

(b) for the parties to the dispute or their representatives to confer amongst 
themselves at conferences at which the member is not present. 

Conciliation before FWC shall be regarded as completed when: 

(c) the parties to the dispute have reached agreement on the settlement of the 
grievance or dispute; or 

 

(d) the member of FWC conducting the conciliation has, either of their own 
motion or after an application by either party, satisfied themselves that there 
is no likelihood that within a reasonable period, further conciliation will result 
in a settlement; or 








 

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(e) 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. 

16.8 Arbitration 

If the dispute or grievance has not been settled when conciliation has been completed, 
either party may request that FWC proceed to determine the dispute or grievance by 
arbitration. 

Subject to clause 16.8 (a) below, the determination of FWC is binding upon the persons 
bound by this Agreement. 

(a) A determination of a single member of the FWC made pursuant to this 
clause may, with the permission of a Full Bench of the FWC, be appealed. 

16.9 General Powers and Procedures of FWC 

Subject to any agreement between the parties to the dispute in relation to a particular 
dispute or grievance and the provisions of this clause, in dealing with a dispute or 
grievance through conciliation or arbitration, FWC may exercise its powers in 
accordance with the Fair Work Act 2009.   








 

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PART 3 – EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 

17. SECURE EMPLOYMENT 

The RBGV acknowledges the positive impact that secure employment has on 
employees and the provision of quality services to the Victorian community.  

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

Where the CPSU or affected Employees identify fixed-term or casual employment that 
is considered not to meet the criteria established in clauses 18.5 – 18.8, the CPSU or 
affected Employees will refer the matter to the RBGV. If the parties cannot resolve the 
matter, it will be dealt with under clause 16 (Resolution of Disputes). 

18. EMPLOYMENT CATEGORIES AND ENTITLEMENTS 

18.1 Basis of Employment 

(a) On an ongoing basis; 

(b) On a fixed-term basis; 

(c) On a fixed-task basis; or 

(d) On a casual basis. 

18.2 Job Information  

On appointment, the Employee will be provided in writing with a position title, 
classification level and position description for their position. 

The Employee will carry out the duties in the position description. The RBGV and its 
Employees agree that these duties may be varied by agreement.  

The RBGV will provide the Employee with access to a copy of this Agreement.  

The RBGV shall ensure that an induction/orientation process is developed and/or 
maintained for the purpose of educating new Employees in relation to RBGV structure 
and policies.   

The RBGV will ensure that the CPSU is provided with an opportunity at such an 
induction/orientation meeting to explain their role and functions in consultative and 
dispute resolution processes provided for under this Agreement. 

Employees will be flexible by being available for deployment or temporary transfers 
between the Melbourne and Cranbourne sites for skills development and skills transfer 
purposes and to meet RBGV work needs and operational priorities. Such deployment 
will be subject to mutual agreement between the Employee and the RBGV. Travel time 
between the two sites in such cases shall be regarded as work time. 

 

  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 21 

18.3 Probationary Period – New Employee 

The RBGV may appoint a new Employee on a probationary basis.  

The period of probation shall be a reasonable period having regard to the nature of the 
position, but shall be no more than one period of three (3) months. 

The RBGV shall counsel the Employee during the probationary period in relation to 
their performance.  

The RBGV shall confirm the Employee’s employment in writing, or in the event that the 
Employee’s performance during the probationary period is unsatisfactory, may 
terminate the employment by providing the requisite period of notice as per clause 
19.1(a).  

A person initially employed on a fixed-term or fixed-task basis for a period of greater 
than three (3) months who is then employed on an ongoing basis cannot be employed 
on a probationary basis at the commencement of ongoing employment.  

18.4 Part-Time Employment  

Provisions relating to salary, leave and all other entitlements contained within this 
Agreement, shall apply to part-time Employees on a pro-rata basis.  

Part-time employment shall be for not less than three (3) consecutive hours in any day 
worked.  

Part-time employment shall be worked only by agreement between the Employee and 
the RBGV, where that agreement includes: 

(a) an agreed schedule specifying the days in each fortnight on which the 
Employee will work, the hours of those days upon which the Employee will 
work, and the number of hours the Employee will work on each day ; and 

(b) agreed processes for the variation of hours or days of work.  

Such agreed scheduled hours shall be considered the Employee’s ordinary hours.  

18.5 Casual Employment  

The use of casual labour will not be for the purpose of undermining the job security of 
ongoing Employees, or for the purpose of turning over a series of casual workers to fill 
an ongoing employment vacancy.  

18.5.1 Employment of Causals 

The employment of casuals in all areas covered by this Agreement is limited to: 

(a) meeting short-term work demands which are not continuing and would not 
be anticipated to be met from existing staffing levels; or 

(b) meeting specialist skill requirements which will not be required on 
continuing or frequently recurring basis. 

18.5.2 Casual Employees’ Entitlements 

Employees employed on a casual basis will receive a loading of 25 percent 
on top of the rates specified in Appendix 1 – Salary Table, as compensation 
for not being entitled to those benefits which attach to ongoing employment 
including annual leave and leave loading, notice of termination of 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 22 

employment, paid personal/carer’s leave, paid jury service and defence 
forces leave.  

A casual Employee will be paid a minimum of two and a half (2.5) hours per 
engagement. 

Subject to established notice requirements and evidence requirements (refer 
to clause 52.3) for compassionate leave and carer’s leave, Employees 
employed as casuals are entitled to: 

(c) up to two (2) days unpaid carer's leave on each occasion that a 
member of the Employee's immediate family or household requires 
care or support due to a personal illness or injury or unexpected 
emergency affecting the member; 

(d) by agreement with the RBGV, additional unpaid carer’s leave; 

(e) unpaid compassionate leave of up to three (3) days or, by agreement 
with the RBGV, a longer period, on each occasion where a member 
of the Employee’s immediate family or household: 

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

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

(iii) dies; 

(f) for eligible casual Employees (as defined in clause 55.2 Parental 
Leave) unpaid maternity, paternity/partner and adoption leave; and 

(g) community service leave (including unpaid jury service leave) in 
accordance with the Fair Work Act 2009.  

The RBGV must not fail to re-engage a casual Employee because the Employee 
accessed the entitlements provided for in this clause. The rights of the RBGV to 
engage or not to engage a casual Employee are otherwise not affected.  

The Provisions of this Agreement shall apply to casual Employees unless expressly 
stated and except for the provisions of clauses, 18.3 - Probationary Period – New 
Employee, 24 - Redeployment and Redundancy Provisions, 45 - Overtime, 49 - Annual 
Leave, 50 - Annual Leave Loading, 51 - Purchased Leave, 52 - Personal Leave, 60.1 - 
Defence Force Reserves.  

18.6 Right to Request Casual Conversion 

(a) A person engaged by RBGV as a regular casual Employee may request that 
their employment be converted to full-time or part-time employment. 

(b) A regular casual Employee is a casual Employee who has in the preceding 
period of 12 months worked a pattern of hours on an ongoing basis which, 
without significant adjustment, the Employee could continue to perform as a full-
time employee or part-time Employee under the provisions of the award. 

(c) A regular casual Employee who has worked equivalent full-time hours over the 
preceding period of 12 months’ casual employment may request to have their 
employment converted to full-time employment. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 23 

(d) A regular casual Employee who has worked less than equivalent full-time hours 
over the preceding period of 12 months’ casual employment may request to 
have their employment converted to part-time employment consistent with the 
pattern of hours previously worked. 

(e) Any request under clause 18.6 must be in writing and provided to RBGV. 

(f) Where a regular casual Employee seeks to convert to full-time or part-time 
employment, RBGV may agree to or refuse the request, but the request may 
only be refused on reasonable grounds and after there has been consultation 
with the Employee. 

(g) Reasonable grounds for refusal include that: 

(i) it would require a significant adjustment to the casual Employee’s hours of work 
in order for the Employee to be engaged as a full-time or part-time Employee in 
accordance with the provisions of the award—that is, the casual Employee is not 
truly a regular casual Employee as defined in clause 18.6(b); 

(ii) it is known or reasonably foreseeable that the regular casual Employee’s 
position will cease to exist within the next 12 months; 

(iii) it is known or reasonably foreseeable that the hours of work which the regular 
casual Employee is required to perform will be significantly reduced in the next 12 
months; or 

(iv) it is known or reasonably foreseeable that there will be a significant change in 
the days and/or times at which the Employee’s hours of work are required to be 
performed in the next 12 months which cannot be accommodated within the days 
and/or hours during which the Employee is available to work. 

(h) For any ground of refusal to be reasonable, it must be based on facts which are 
known or reasonably foreseeable. 

(i) Where RBGV refuses a regular casual Employee’s request to convert, RBGV 
must provide the casual Employee with their reasons for refusal in writing within 
21 days of the request being made. 

(j) If the Employee does not accept RBGV’S refusal, this will constitute a dispute 
that will be dealt with under the dispute resolution procedure in clause 16. 
Under that procedure, the Employee or RBGV may refer the matter to the Fair 
Work Commission if the dispute cannot be resolved at the workplace level. 

(k) Where it is agreed that a casual Employee will have their employment 
converted to full-time or part-time employment as provided for in clause 18.6, 
RBGV and the Employee must discuss and record in writing: 

(i) the form of employment to which the Employee will convert—that is, full-time or 
part-time employment; and 

(ii) if it is agreed that the Employee will become a part-time Employee, the matters 
referred to in clause 18.4. 

(l) The conversion will take effect from the start of the next pay cycle following 
such agreement being reached unless otherwise agreed. 

(m) Once a casual Employee has converted to full-time or part-time employment, 
the Employee may only revert to casual employment with the written agreement 
of RBGV. 






https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000121/ma000121-13.htm#P251_17282
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(n) A casual Employee must not be engaged and re-engaged (which includes a 
refusal to re-engage), or have their hours reduced or varied, in order to avoid 
any right or obligation under clause 18.6. 

(o) Nothing in clause 18.6 obliges a regular casual Employee to convert to full-time 
or part-time employment, nor permits RBGV to require a regular casual 
Employee to so convert. 

(p) Nothing in clause 18.6 requires RBGV to increase the hours of a regular casual 
Employee seeking conversion to full-time or part-time employment. 

(q) RBGV must provide a casual Employee, whether a regular casual Employee or 
not, with a copy of the provisions of clause 18.6 within the first 12 months of the 
Employee’s first engagement to perform work. In respect of casual Employees 
already employed as at 1 October 2018, RBGV must have provided such 
Employees with a copy of the provisions of clause 18.6 by 1 January 2019. 

(r) A casual Employee’s right to request to convert is not affected if RBGV fails to 
comply with the notice requirements in clause 18.6(q). 

  

18.7 Fixed-Term Employment 

The use of fixed-term employment will not be for the purpose of undermining the job 
security or conditions of full-time ongoing Employees.  

The use of fixed-term employment in all areas covered by this Agreement is limited: 

(a) to replacement of Employees proceeding on approved leave; 

(b) to meeting fluctuating client and staffing needs and unexpected increased 
workloads; 

(c) to filling a vacancy resulting from an Employee undertaking a temporary 
assignment or secondment in the RBGV or elsewhere in the public service; 
or 

(d) to temporarily filling a vacancy where, following an appropriate selection 
process, a suitable ongoing Employee is not available.  

Appointment by the RBGV on the basis of fixed-term contract(s) of employment shall 
be limited to a maximum of three (3) years with the exception of any project where 
funding is limited to a fixed-term and which may exceed three (3) years. 

18.8 Fixed-Task Employment 

The use of fixed-task contract positions will not be for the purpose of undermining the 
job security or conditions of ongoing Employees.  

The use of fixed-task employment in all areas covered by this Agreement is limited to 
undertaking a specific, but finite, task (possibly linked to one-off funding or funding from 
an external source for a specific purpose). The length of the fixed-task contract may be 
limited by the availability of funding, or by the nature of the task itself. 






https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000121/ma000121-13.htm#P251_17282
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000121/ma000121-13.htm#P251_17282
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000121/ma000121-13.htm#P251_17282
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000121/ma000121-13.htm#P251_17282
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000121/ma000121-13.htm#P251_17282
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000121/ma000121-13.htm#P274_21513


 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 25 

19. TERMINATION OF EMPLOYMENT 

19.1 Notice of Termination by RBGV 

(a) In order to terminate the employment of an Employee other than a casual, 
the RBGV shall give to the Employee the following notice: 

Period of continuous service Period of 
notice 

Not more than three years two weeks 

More than three years four weeks 

(b) In addition to the notice in 19.1(a), Employees over 45 years of age at the 
time of the giving of the notice, with not less than two (2) years' continuous 
service, shall be entitled to an additional week's notice. 

(c) Payment in lieu of the notice will be made if the RBGV notifies the 
Employee that the RBGV does not require the Employee to work the 
entirety of the applicable notice period. Employment may be terminated by 
the Employee working part of the required period of notice and by the 
RBGV making payment for the remainder of the period of notice. 

In calculating any payment in lieu of notice, the wages an Employee would 
have received in respect of the ordinary time they would have worked 
during the period of notice had their employment not been terminated shall 
be used. 

The period of notice in this clause shall not apply in case of dismissal for 
serious misconduct. 

19.2 Notice of Termination by Employee 

The notice of termination to be given by an Employee shall be the same as that 
required of the RBGV, or otherwise by agreement, save and except that there shall be 
no additional notice based on the age of the Employee concerned. 

Subject to financial obligations imposed on the RBGV by any Act, if an Employee fails 
to give notice, the RBGV shall have the right to withhold monies due to the Employee 
with a maximum amount equal to the ordinary time rate of pay for the period of notice 
not worked. 

20. ABANDONMENT OF EMPLOYMENT  

If an Employee is absent for more than 20 working days in circumstances where the 
RBGV could not reasonably, after due inquiry, have been aware of any reasonable 
grounds for the absence; and without the permission of the RBGV; and without 
contacting the RBGV to provide an explanation for the absence, the RBGV is entitled to 
consider that the Employee has abandoned their employment.  If an Employee’s 
employment is terminated at the RBGV’s initiative because the Employee has 
abandoned their employment, the RBGV will provide notice of termination in 
accordance with clause 19.1.  

21. WORKING FROM HOME 

Working from home arrangements may be agreed between the Employer and an  
individual Employee on a case by case basis.  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 26 

During the life of the Agreement, the Parties agree to review working from home  
arrangements taking into account the experience gained during the Coronavirus 
(COVID-19) pandemic. 

22.  USE OF PRIVATE MOTOR VEHICLE  

Where necessary to carry out the Employee’s duties, the RBGV will ensure that a 
motor vehicle is provided for the Employee’s use.  

An Employee who obtains prior approval on an occasion by occasion basis to use their 
own vehicle in the course of their duties shall be reimbursed at the rates published by 
the Australian Taxation Office from time to time.  

23. UNIFORM AND IDENTIFICATION  

Employees will be provided with approved RBGV identification, which they will be 
required to carry at all times while on duty. Employees required to wear a uniform will 
maintain the uniform in good condition at all times as outlined in the RBGV Uniform 
Policy.  

24. REDEPLOYMENT AND REDUNDANCY PROVISIONS  

Where a decision is made by the RBGV which will result in a change to the way work is 
carried out or work no longer being performed, and as a result the Employee’s position 
becomes excess to requirements, consultation with the Employee and their Employee 
representative will occur to endeavour to redeploy the Employee to another position if a 
suitable vacancy exists. 

If the Employee is unsuccessful in being redeployed or appointed to a new position and 
no suitable vacancy exists, the Employee shall be redundant and shall be eligible for 
the redundancy package available at the time of the redundancy, which would be 
subject to Government Policy. The Victorian Government’s policy in relation to public 
sector redundancy is set out in the Public Sector Industrial Relations Policies 2015, 
which may be updated from time to time. The policies apply to the RBGV, but do not 
form part of this Agreement. 

“Suitable vacancy” means a position classified at the Employee’s substantive level 
where the Employee will be able to satisfactorily carry out the duties of that position 
with a reasonable amount of training. 

25. COSTS OF EMPLOYMENT RELATED LEGAL PROCEEDINGS 

25.1 Coverage of Costs 

If an Employee is required to attend a coroner’s inquest on matters which directly arise 
from the performance of the Employee’s duties, the RBGV shall meet the Employee’s 
reasonable legal costs relating to appearance at or representation before the Coroner’s 
Court. 

Where legal proceedings are initiated against an Employee as a direct consequence of 
the Employee legitimately and properly performing their duties, the RBGV will not 
unreasonably withhold agreement to meet the Employee’s reasonable legal costs 
relating to the defence of such proceedings.  

25.2 Intervention Order 

Where, as a direct consequence of the Employee legitimately and properly performing 
their duties, it is necessary to obtain an intervention order or similar remedy against a 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 27 

client, the RBGV will not unreasonably withhold agreement to meet the Employee’s 
reasonable legal costs in obtaining the order or other remedy.  

25.3 Timing of Payment 

An application to meet an Employee’s reasonable legal costs will be dealt with 
expeditiously by the level of management responsible for deciding the matter.  

25.4 Indemnity of Employees 

The RBGV will defend and indemnify the Employee against any action, liability, claim or 
demand arising out of anything done by the Employee in good faith in the course of 
their employment duties. Unless it is judicially determined that they were not acting or 
failed to act in good faith, an Employee shall be entitled to benefits arising from this 
clause, providing that the full and complete costs to the RBGV of defending and 
indemnifying the Employee are first met from any benefit arising.  

26. MANAGEMENT OF UNSATISFACTORY WORK PERFORMANCE 

26.1 The purpose of this clause is to: 

(a) support Employees with unsatisfactory work performance to improve their 
performance to the required standard; 

(b) ensure that unsatisfactory work performance is addressed expeditiously; and 

(c) provide a fair and transparent framework for action to be taken where an 
Employee continues to perform below the required standards of their role. 

26.2 Meaning of unsatisfactory work performance  

(a) an Employee’s work performance is unsatisfactory if the Employee fails to 
satisfactorily perform their assigned duties to the required standards of their job. 

(b) performance standards must be relevant to the Employee’s job and must be fair 
and reasonable.  

(c) Employees cannot be accused of unsatisfactory work performance where their 
supervisor or manager failed to make the Employee aware of the standards 
required of their job. 

26.3 Employee representation 

An Employee is entitled to be represented by a person of their choice (including a 
Union representative) at any step or stage of the formal unsatisfactory work 
performance management process. 

26.4 Prior to Commencing the formal process 

Prior to commencing the formal unsatisfactory work performance process the RBGV 
must: 

(a) consider organisational or personal factors that play a role in the Employee’s 
underperformance and consider alternatives to the underperformance process 
to address the problem; and 

 
(b) have a reasonable expectation that the Employee is capable of meeting the 

required level of performance. Where the RBGV and the Employee agree that 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 28 

the Employee is not capable of meeting the required level of performance, then 
the RBGV may transfer the Employee to a suitable alternative position where 
reasonably practicable. 

26.5 Procedural Fairness 

(a) The process for managing unsatisfactory work performance must be consistent 
with the principles of procedural fairness.  

 
(b) Before commencing formal unsatisfactory work performance processes, the 

RBGV must: 

(i) tell the Employee the purpose of any meeting with reasonable notice; 

(ii) advise the Employee of the unsatisfactory work performance; 

(iii) provide the Employee with a copy of the formal underperformance 
process to be followed; 

(iv) provide a reasonable opportunity for the Employee to seek advice and 
representation (from the CPSU or a representative of their choice) before 
the formal procedure commences; and 

(v) allow the Employee the opportunity to provide details of any mitigating 
circumstances, which must be given due consideration. 

(c) The Employee may elect to respond either verbally or in writing at any step or 
stage of the process.  
 

(d) The RBGV will complete the process as quickly as practicable. Timeframes will 
be considered reasonable where they are commensurate with the issue being 
managed.  

(e) The RBGV will take into account any reasonable explanation of any failure by 
the Employee to participate before making a decision under this clause. 

26.6 Referred Unsatisfactory Work Performance Matters 

The RBGV may at any time elect, where there is reasonable cause, to manage the 
Employee’s work performance in accordance with clause 27.  

26.7 Process to manage unsatisfactory work performance  

(a) The RBGV must make reasonable informal attempts to address an Employee’s 
unsatisfactory work performance. Informal attempts to address an Employee’s 
unsatisfactory work performance means addressing issues through supervision 
or relevant training, or other agreed forms of support and/or assistance. 

 
(b) Where informal attempts to address an Employee’s unsatisfactory work 

performance have been unsuccessful and there is a continuance of the 
unsatisfactory work performance, the RBGV may proceed to manage the 
Employee’s unsatisfactory work performance in accordance with this procedure. 
Possible strategies to address the problem include: 

(i) increased supervision and feedback; 

(ii) mentoring; 

(iii) training and professional development; and 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 29 

(iv) coaching. 

(c) The RBGV will not unreasonably refuse a request made by an Employee to 
have a particular strategy included in the formal procedure. 

 

26.8 Stages of the formal unsatisfactory work performance process 

 

26.8.1  First stage – formal counselling 

(a) The first formal stage of management of unsatisfactory work performance is 
formal counselling of the Employee.  

 
(b) The RBGV must:  

(i) advise the Employee of the unsatisfactory work performance and confirm 
the commencement of the formal counselling stage; 

(ii) outline the standard of performance required of the Employee; 

(iii) explain where and how the Employee is not meeting these standards;  

(iv) provide the evidence that supports the decision to issue formal 
counselling;   

(v) provide the Employee with a fair opportunity to respond prior to 
determining the matter; and 

(vi) provide the Employee all support and assistance necessary to assist the 
Employee to attain and maintain a satisfactory standard of performance.  

(c) Once the Employee has had an opportunity to respond to the issues raised in 
the counselling session and the RBGV determines that that the process is to 
continue, the Employee will be given a reasonable period of time to improve. 
The Employee will be advised of any consequences of not improving their 
performance within a reasonable period of time and of engaging in any further 
unsatisfactory work performance. 

 
(d) If the RBGV determines that the Employee has met the required standard of 

performance during the reasonable timeframe, the RBGV will notify the 
Employee that: 

(i) the formal unsatisfactory work performance process has been completed; 
and 

(ii) no further action will be taken by the RBGV unless the Employee engages 
in continued unsatisfactory work performance within twelve months of the 
counselling occurring, in which case the formal unsatisfactory work 
performance process may continue at the next stage.  

(e) A record of the formal counselling session will be placed on the Employee’s 
personnel file and will expire after twelve months. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 30 

26.8.2  Second stage – formal written warning 

(a) The second formal stage will occur if there is a continuance of unsatisfactory 
work performance within a reasonable period of time following formal 
counselling. At this stage the Employee will be given a formal written warning.  

(b) The RBGV must comply with the steps outlined in 26.8.1 (b).  

(c) The warning must indicate: 

(i) what is expected of the Employee; 
(ii) where and how the Employee is not meeting this expectation; and 
(iii) the consequences of failure to improve. 

 

(d) If the RBGV determines that the Employee has met the required standard of 
performance during the reasonable timeframe, the RBGV will notify the 
Employee that: 
 
(i) the formal unsatisfactory work performance process has been completed; 

and 
(ii) no further action will be taken by the RBGV unless the Employee engages 

in continued unsatisfactory work performance within six months of 
receiving the formal written warning, in which case the formal 
unsatisfactory work performance process may continue at the next stage. 

(iii) the consequences of failure to improve, including that continued 
unsatisfactory work performance may result in termination of the 
Employee’s employment. 

(e) The written warning will be placed on the Employee's personnel file and will 
expire after twelve months. 

 

26.8.3  Third stage – final warning 

(a) The third stage will occur if there is a continuance of unsatisfactory work 
performance within a reasonable period of time following the formal written 
warning.  

 
(b) The RBGV must comply with the steps outlined in 26.8.2 (b) – (d).  
 
(c) The final warning will be placed on the Employee's personnel file, and will 

expire after twelve months. 

26.8.4  Fourth Stage 

(a) In the event that the Employee’s performance has not improved within the 
reasonable time period following the process set out and on receipt by the 
Employee of the final written warning, the RBGV will advise the Employee of the 
Employee’s continued unsatisfactory work performance and provide the 
Employee with a reasonable opportunity to respond. 

 
(b) The RBGV must comply with the steps outlined in 26.8.1 (b)  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 31 

(c) After considering the Employee’s performance and response, the RBGV will 
determine the unsatisfactory work performance outcome that is to apply to the 
Employee. 
 

(d) The possible outcomes are: 
 
(i) assignment of the Employee with their agreement to a role at a 

classification level lower than the Employee’s current classification level;  
or 

(ii)  termination of the Employee’s employment. 
 

(e) The decision must be fair and reasonable in all the circumstances.  
 

(f) The RBGV will advise the Employee of the unsatisfactory work performance 
outcome in writing and a copy will be placed on the Employee’s personnel file, 
and will have effect for a period not exceeding 12 months. 
 

(g) If after any warning or record of the formal counselling, a period of 12 months 
elapses without any further warning being required, all adverse reports relating 
to the warning or record of the formal counselling must be removed from the 
Employee's personnel file and cannot be relied upon.  

27. MANAGEMENT OF MISCONDUCT 

27.1 The purpose of this clause is to: 

 a) establish procedures for managing misconduct or alleged misconduct of an 
Employee; and 

(b) provide for Employee alleged misconduct to be investigated and addressed 
expeditiously and with minimal disruption to the workplace; and 

 (c) reflect the public sector values of integrity, impartiality, accountability and respect 
with the aim of ensuring that Employees are treated fairly and reasonably; and  

(d) manage the Employee’s performance in accordance with this clause instead of the 
Management of Unsatisfactory Work Performance clause where the RBGV 
determines that it would be more appropriate. 

 

27.2 Meaning of misconduct 

For the purposes of this clause, misconduct includes: 

(a) a contravention of a binding code of conduct or a provision of any statute or 
regulation that applies to the Employee in the Employee’s employment; or  
 

(b) improper conduct in an official capacity; or  
 

(c) a contravention, without reasonable excuse, of a lawful direction given to the 
Employee as an Employee by a person authorised to give that direction; or  
 

(d) an Employee making improper use of their position for personal gain; or  
 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 32 

(e) an Employee making improper use of information they acquired by virtue of their 
position to gain personally, or for anyone else, financial or other benefits or to 
cause detriment to the RBGV or the Victorian Public Sector. 

 

It does not include behaviour that amounts to inefficiency, unsatisfactory work 
performance, failure of performance as a result of inability or incapacity, or honest 
errors of judgment. 

 

27.3 Referred matters under clause 26 

Any matters that have arisen under the management of unsatisfactory work 
performance process in clause 26 may be considered in the misconduct process 
pursuant to this clause 27. 
 

27.4 General principles 

a) In dealing with misconduct or alleged misconduct, all parties must comply with 
this clause: 
 
(i) the RBGV must make an initial assessment of the alleged misconduct to 

determine whether there is a reasonable basis to proceed with a formal 
misconduct process. The Employee has no obligation to cooperate with 
this assessment.  

(ii) An Employee is entitled to be supported represented by a person of their 
choice (including a union representative) at any step or stage of the 
process. 

(iii) All parties involved in the misconduct process will commit to completing it 
as quickly as practicable. 

(vi) the Employee must be provided a reasonable opportunity to seek advice 
and representation from the Union before the process commences. 

(vii) the Employee must be provided with particulars of the formal process and 
steps to be followed.  

(viii) the Employee must be advised of the purpose of any meeting with 
reasonable notice. 

(ix) The RBGV must consider non-punitive alternatives to a formal misconduct 
process. This can include education, relevant training, agreement to 
mediate or other agreed forms of support and/or assistance. 

(x) The outcome of any informal process, including the outcome of an initial 
assessment, as a result of alleged misconduct will not constitute 
disciplinary action and no adverse reports relating to the allegation will be 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 33 

placed on the Employee’s employment record in relation to the alleged 
conduct.   

(xi) The RBGV may only determine a disciplinary outcome under clause 27.8 
if there is a valid reason related to the conduct and where the allegation 
(s) are proved on the balance of probabilities to constitute misconduct. 

(xii) The RBGV may suspend the Employee if it considers that suspension is 
warranted in all the circumstances. The RBGV may only suspend the 
Employee with pay and must review the suspension at reasonable 
intervals. 

(xiii) The RBGV may only allege misconduct against an Employee or proceed 
with the formal misconduct process if there is a reasonable basis to 
believe that misconduct has taken place, and when the RBGV considers 
non-punitive alternatives are not appropriate to address the issue.  

27.5 Directions 

a) Where Employee misconduct is alleged, the RBGV may do any of the following:  
(i) direct the Employee to proceed immediately to perform alternative duties 

or work at an alternative place of work; and/or  
(ii) direct the Employee not to speak to other Employees of the Employer 

about the matter or not to visit certain places of work; and/or  
(iii) suspend the Employee with pay.  

 
b) In the event that the RBGV suspends the Employee with pay, the RBGV will:  

 
(i) review this decision no later than a date which is four weeks after the 

commencement of the suspension; and  
(ii) confirm whether the suspension is to continue or is no longer necessary.  

 
c) The RBGV will continue to review any decision regarding an Employee’s 

suspension every four weeks thereafter, until the end of the misconduct process 
in accordance with this clause. 

 

27.6 Procedural fairness 

(a) The Employee must be accorded procedural fairness and natural justice at all stages and 
steps of the misconduct process, including but not limited to: 
 

(i) Providing the Employee all of the allegation (s) in writing, including 
the full particulars of the alleged misconduct and details of any 
conduct, policy or rule breaches.   

(ii) Providing the Employee detailed reasons why the circumstances 
may amount to a potential breach of the rule (s) in writing. 

(iii) Providing the Employee with the material that forms the basis of the 
allegations. 

(iv) Providing the Employee reasonable notice of any adverse evidence 
collected as soon as practicable before any findings are made. 

(v) Providing the Employee reasonable notice of any adverse evidence 
collected that will be presented against them at an investigation 
interview. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 34 

(vi) Providing the Employee a fair opportunity to submit any evidence 
and witnesses to respond to the alleged misconduct. 

(vii) Providing the Employee with the investigation report.  The 
Employee will be provided with the findings of the investigator, 
including the full reasons and basis for the findings, and all the 
evidence upon which they rely. The investigation report provided to 
the parties may be redacted to protect the identity of witnesses or 
information not appropriate for either party. 

(viii) The RBGV must properly consider and take into account any 
response (s) of the Employee and/or their representative on their 
behalf. 

(ix) The Employee will be provided a reasonable period of time to 
respond to any of the matters or things put to the Employee under 
this clause. Any request from the Employee for an extension of time 
to prepare a response will not be unreasonably refused.  

27.7 Investigation of alleged misconduct 

a) If the RBGV proceeds to a formal misconduct process as a result of alleged 
misconduct, the RBGV may, at its absolute discretion, choose to appoint a 
suitably qualified independent person (internal or external) who has no prior 
involvement in the matter to conduct an investigation into the allegations made 
against the Employee.  

 
b) The investigation must: 
 

(i) be thorough and comprehensive, and conducted in a fair, impartial and 
timely way consistent with the principles of procedural fairness. 

(ii) investigate any explanation made by the Employee (including any 
mitigating factors) for the purposes of verifying the explanation so far as 
possible; 

(iii) conducted in good faith and without bias; 

(iv) interview any relevant witnesses and collect any relevant materials; 

(v) make findings on the balance of probabilities on the basis of the evidence 
collected; 

(vi) give a balanced and fair assessment of the weight that should be ascribed 
to the evidence 

c) The Employee may elect not to speak to the investigator.  The investigator will 
not draw any adverse inferences from this election 
 

d) In relation to each allegation of misconduct, the investigator will make findings 
as to whether the allegation (s) is substantiated or the allegation (s) is not 
substantiated. 

 
e) The investigator will produce an investigation report setting out the basis of the 

findings of the investigation, including setting out the findings of fact and the 
evidence on which those findings were based, and the reasons why the 
circumstances amount to or do not amount to a breach of the rule (s). 

 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 35 

f) Where the investigator makes a finding that an allegation is not substantiated, 
the misconduct process will conclude in relation to any such allegation and the 
Employee will be informed accordingly. 

 
g) If, following the investigation, an allegation has been substantiated and the 

RBGV reasonably considers that the Employee’s conduct warrants a 
disciplinary outcome, the RBGV will notify the Employee of the proposed 
disciplinary outcome in writing, including the basis of its view. 

 
h) In developing a proposed discipline outcome the RBGV will consider the 

findings of the Investigator and any mitigating factors. The proposed discipline 
outcome must be fair and reasonable in all the circumstances and not 
disproportionate to the seriousness of the matter. The Employee must be given 
a reasonable period of time to respond to any proposed disciplinary outcome. 

 
27.8 Possible outcomes  

a) The discipline outcome must be fair and reasonable in all the circumstances 
and not disproportionate to the seriousness of the matter. 
 

b) Where disciplinary action is warranted after following the procedures in this 
clause, the RBGV may take any of the following steps depending on the nature 
and seriousness of the conduct.  

 
(i) no action; 

(ii) non punitive alternatives; 

(iii) counsel the Employee; 

(iv) give the Employee a formal warning; 

(v) give the Employee a final warning; 

(vi) Terminate the Employee on notice in the case of an employee who 
repeats a course of conduct for which a final warning was previously given 
in the preceding 18 months; 

(vii) Summarily terminate the Employee where the conduct is serious 
misconduct that is wilful or deliberate. 

c) The RBGV’s decision, including the reasons for the decision, will be notified to 
the Employee in writing. A copy will be placed on the Employee’s personnel file. 

d) If a process was conducted in accordance with this clause because of an 
allegation of misconduct by another Employee, the RBGV must advise that 
Employee that the allegation has been dealt with in accordance with this clause, 
and may provide the Employee with other information as is reasonably 
practicable.  

e) If after any warning, a period of 12 or 18 months elapses (as relevant) without 
any further warning being required, all adverse reports relating to the warning 
must be removed from the Employee's personnel file and cannot be relied upon 

f) A dispute over this clause is to be dealt with in accordance with the Dispute 
Settling procedure of this Agreement.  

 
27.9 Potential criminal conduct 

Where alleged misconduct that is the subject of a process in accordance with this 
clause is also the subject of a criminal investigation or criminal proceedings, the RBGV 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 36 

is not required to delay or cease the management of misconduct process under this 
clause but the RBGV may exercise its discretion to do so. 

  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 37 

 
 

PART 4 – SALARY AND RELATED MATTERS 

 

28. CLASSIFICATION STRUCTURE AND SALARY 

28.1 Classification Structure 

The Classification Structure and associated rates of pay during the life of this 
agreement are set out in Appendix 1. 

Eligible Science Employees may progress through the grades within the Classification 
Structure in line with the RBGV’s Career Progression Framework Scientists Policy and 
Procedure. 

The classification structure has the following features: 

(a) Six grades, with pay ranges that do not overlap; 

(b) Some grades divided into Value Ranges; 

Classification of positions in the structure is based upon: 

(c) Individual position descriptions; 

(d) Work Level Descriptors; 

(e) Points Factor Evaluation System (PFES); 

(f) Benchmarking against other RBGV positions. 

The CPSU and RBGV will review the Work Level Descriptors within the first 24 months 
of the Agreement. 

28.2 Salary Increases 

A total of 8 percent over 4 years as follows: 
 

Date of Effect Increase 

1 December 2021 2% 

1 December 2022 2% 

1 December 2023 2% 

1 December 2024 2% 

 

28.3 Progression Protocols 

Progression between Grades (eg. from Grade 2 to Grade 3) 

Progression between the classification grades will be on the basis of merit-based 
promotion where the employee is successful in applying for a vacant role and has been 
assessed as meeting the agreed position requirements at a higher classification.  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 38 

Where it is determined that a role should be re-classified to a higher grade and there are 
no changes to the role requirements or skills, qualifications and experience required to 
competently perform the role, the Employee occupying that role may move to the higher 
grade without having to re-apply for their current position.   

Progression between Value Range (eg. From Grade 3.1 to 3.2) 

Grades 2, 3, 5 and 6 each contain two Value Ranges. Progression between Value 
Ranges will be on the basis of merit-based promotion if the employee is seeking to be 
appointed to a vacant role.  Where a review of the organisation's requirements of a 
position has taken place ('job re-sizing' review), and the position has been re-described 
and reclassified at the upper Value Range, the Employee currently in that role may move 
from the lower Value Range to the upper Value Range within the grade. The salary will 
then commence at the base of the upper Value Range. 

Progression within Value Range (eg. From Grade 3.1.2 to 3.1.3) 

Within each Value Range of grades 1 to 6 there are progression steps (expressed salary 
points) as detailed in the tables in Appendix 1. 

Progression steps or amounts within Value Ranges are not points of defined work value.  
Progression within the salary structure will not be automatic, consistent with wage fixing 
principles. 

Progression between Progression Step amounts will occur when an Employee meets the 
eligibility criteria as defined in clause 29.5, including being assessed at their annual 
performance review as meeting “progression criteria” outlined in the Employee’s 
Performance Plan. 

 

29. PERFORMANCE REVIEW SYSTEM 

The performance review system includes individual performance plans comprising 
sections for performance goals and measures, Values/Behaviours and Code of 
Conduct, and Learning and Development.  

Performance plans are to be discussed between managers and Employees. 

All Employees can expect feedback about their performance throughout the year, with 
any performance issues being highlighted prior to a formal performance review and the 
Employee given an opportunity to discuss and improve. 

29.1 Performance Cycle and Review 

The performance cycle is twelve months (1 July to 30 June).  

The “progression criteria” are to be agreed with each Employee at the start of the 
performance cycle or, if applicable, once a new Employee has successfully completed 
their probationary period.  The “progression criteria” may be adjusted by agreement 
during the performance cycle.  

The “progression criteria” for an individual Employee are to be developed using the 
performance standards outlined in clause 29.2 (Performance Standards).  

A performance review is undertaken mid-way and at the end of each performance 
cycle. The Employee’s performance against the “progression criteria” is assessed by 
their line manager at these times. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 39 

29.2 Performance Standards 

There are three Performance Standards that apply to all positions within RBGV, they 
are: 

(a) achieving performance goals and measures  

(b) demonstrating RBGV values/behaviours and those of public sector 
employees as set out in the VPSC Code of Conduct; and  

(c) applying learning and development. 

These performance standards may be weighted and combined, appropriate to the 
role, to make up an individual Employee’s “progression criteria”. 

Wherever possible, managers should facilitate an individual Employee’s ability to 
undertake appropriate learning and development. An individual Employee must actively 
pursue appropriate learning and development to meet their performance standards. 

An Employee will not be disadvantaged where learning and development opportunities 
are not available, or where organisational priorities impact the ability of the Employee 
to achieve agreed goals.  

It is expected that the overwhelming majority of persons within grades 1 to 6 will 
achieve the objectives and should move through the salary points. Central to 
progression is the need for line managers, in consultation with Employees, to 
determine what should, and can, be delivered to warrant progression through a 
combination of increasing capability, productivity, performance and professionalism. 
This interaction between line managers and Employees gives authority and integrity to 
the structure and its sustainability in the long term. 

29.3 Progression Step Increments within the Value Range  

A progression step increment within the value range will be applied in October 2022, 
2023, 2024 and 2025, to Employees whose substantive salaries have not yet reached 
the ceiling level value range of their grade, contingent upon the individual Employee’s 
eligibility including being assessed as meeting the “progression criteria” in their annual 
performance review. 

The progression step increment will be applied to the substantive salary of the 
Employee.  

29.4 Top of Grade and Value Range Bonus payment 

Eligible Employees whose salary is at the ceiling level of the grade and Value Range 
will be entitled to a bonus payment in lieu of not receiving a progression step increment.  
This will be calculated to be equal to one percent of the Employee’s salary as at 30 
June of the relevant performance cycle and will be paid according to the schedule 
outlined above for progression step increments.   

This payment does not form part of the Employee’s substantive salary, rather is a one-
off payment.  

29.5 Eligibility for the Progression Step Increment or the Top of Grade and 
Value Range Bonus Payment 

29.5.1 Eligibility for the above will apply to all Employees covered by this 
Agreement, with the following exceptions: 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 40 

(a) those who have received a formal warning under the provisions of the 
Management of Unsatisfactory Work Performance or Management of 
Misconduct processes of this Agreement (clauses 26, 27) during the 12 
months of the performance year being assessed; 

(b) those who have been employed by the RBGV for less than six (6) months 
prior to the end of the financial year to which the progression step increment 
applies;  

(c) those who were promoted to a position with a higher grade and Value 
Range, where this promotion is not part of an organisational restructure, 
and have been in the new position for less than 6 months of the 
performance year. 

(d) those who are no longer employed as at the date of payment; 

(e) those who are already at the ceiling of their grade or Value Range 
classification (for progression step only); and 

(f) those who are assessed as not meeting any or all of the performance 
standards at their annual performance review. 

29.5.2 An Employee who returns to work at the conclusion of a period of Primary 
Caregiver Parental Leave may be entitled to progression steps or amounts 
forgone as a result of being on parental leave.  

30. PAYMENT OF SALARIES 

Salaries will be processed on a fortnightly basis and will transition, following a period of 
consultation, to an arrears arrangement within the first 12 months of this Agreement’s 
commencement with payments then being made on the Thursday of the week following the 
end of each fortnightly pay cycle. 

At the time of this transition, the working week will change to Monday to Sunday for the 
purpose of calculation and payment of salaries. 

Particulars as to transition arrangements, including the specific date of the changeover and 
the provision of financial support for Employees who may require it, will be confirmed as part 
of the consultation process. 

Payslips are accessible by Employees via the online payroll self service module (HR21). 

In the event of an overpayment of salary, allowance, loading or other payment, the RBGV must 
advise the Employee.  Similarly, the Employee must advise the RBGV if they know there has 
been an overpayment.  Where agreement cannot be reached on a repayment arrangement, 
the RBGV may recover the overpayment by instalments to be paid in accordance with the 
Financial Management Act 1994 (Vic) as amended from time to time or any successor to that 
Act. 

31. SUPPORTED WAGE SYSTEM 

The RBGV is committed to the principles of equal employment opportunity. Where an 
Employee cannot work at full capacity because of a disability, their employment shall 
be governed by the Supported Wage System guidelines and assessment process 
outlined in Appendix 3 of this Agreement.  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 41 

32. HIGHER DUTIES AND SECONDMENTS  

Subject to this clause an Employee may be asked to assume responsibilities and 
functions of a higher classified position, where it is deemed essential for the 
responsibilities and functions of the role to be covered. 

32.1 Higher Duties  

A higher duties allowance will be paid to an Employee asked to assume responsibilities 
and functions of the higher classified position that are greater than their normal day to 
day responsibilities and functions, for a period of no less than five (5) consecutive 
business days up to no more than six (6) weeks.  The RBGV may choose to advertise 
or select an Employee to undertake the higher duties. 

Where the full duties of the higher classified position are performed, the allowance will 
be the difference between the individual’s salary and the salary at the base of the 
Grade or Value Range within which the position held by the usual incumbent falls. 

Where an Employee is partially performing duties in a higher classified position, a 
higher duties allowance of 50 percent or 75 percent of the difference between the 
individual’s salary and the salary on the base of the grade or Value Range within which 
the position held by the usual incumbent falls will be paid. 

Where an Employee has assumed responsibilities and functions in accordance with 
this clause and the period of assignment includes a period of annual leave, sick leave 
or long service leave, the higher duties allowance will continue to be paid during the 
period of leave, provided that the allowance was payable on the day prior to the 
commencement of leave and would be payable on the resumption of duty.  

If, due to unforeseen circumstances, an extension to the higher duties period is 
necessary, then an extension of 2 weeks to the first assignment is permitted without the 
requirement to advertise. However, the total of the two assignments should not exceed 
8 weeks. After 8 weeks the assignment must be advertised. 

32.2 Secondments 

Employees asked to assume the full responsibilities and functions of a higher classified 
position for a period of greater than six (6) weeks will be paid at the base of the salary 
range of the secondment position where it is higher than their current salary. 

All secondment opportunities will be advertised internally. 

33. AGILITY ALLOWANCE 

33.1 Agility Principles 

The parties agree to interpret and apply this Agreement consistently with the 
following principles aimed at promoting workforce agility: 

(a) The work required of RBGV may change over the life of the agreement due to 
factors such as organisational priorities, business development, population 
growth, the pace and scale of technological advancement, changing 
community service delivery expectations  

(b) Embracing these changing priorities is essential to providing secure, flexible 
employment in the RBGV.  Within the framework of secure employment 
(clause 17) and Individual Flexibility Arrangement (clause 12), the parties 
acknowledge the importance of ensuring that Employees can be responsively 
deployed to support changing priorities or service demand. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 42 

(c) Nothing in this clause removes the requirement to consult where major 
change is likely to have significant effects on employees as prescribed by 
clause 14. 

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

(d) Reduction of operational and mobility barriers between roles and business 
units, to ensure an adaptable and responsive workforce. 

(e) A model where Employees may be asked to attend to duties outside of normal 
role/job description, subject to competences, OH&S and within grade level or 
below, to provide greater operational flexibility around how work is performed 
and assist operational demands.  

(f) Greater operational flexibility around when work is performed, including 
providing short term coverage, ensuring Employees attend to ad hoc duties 
where required, and supporting seasonal workload and activities around major 
events and projects. 

(g) Supporting corporate agendas that enable RBGV to maintain and improve 
employee wellbeing and sustainable performance in a period of ongoing 
uncertainty.  This includes but is not limited to delivery of the One RBGV 
People Strategy, supporting a leave management program and responding to 
changes of circumstances regarding RBGV priorities. 

The parties acknowledge/agree that the agility measures are not intended to 
adversely affect Employees’ overall employment security with the RBGV or otherwise 
disadvantage Employees in their employment.  In particular: 

(h) RBGV will not require an Employee to physically relocate without appropriate 
consultation and supports;  

(i) RBGV will at all times apply the appropriate classification level, and where 
applicable, higher duties allowance, to work performed by an Employee; 

(j) an eligible Employee’s participation in agility measures will be regarded 
favourably and not place that Employee at a disadvantage for the purposes of 
performance development and progression; 

(k) RBGV will comply with its obligations under the Agreement (clause 13 – Right 
to request flexible working arrangements) and section 65 of the Fair Work Act 
2009 regarding flexible work arrangements and will ensure that an Employee’s 
need for flexible work arrangements is taken into account in the application of 
the agility principles; 

(l) RBGV will comply with its obligations under the Agreement and the 
Occupational Health and Safety Act 2004 when applying the agility principles; 

(m) Agility measures will not disadvantage an Employee in their terms and 
conditions of employment; 

(n) The employer will consult with affected employees when seeking to enact 
agility principles. The employer will consider alternative proposals from an 
employee and employees must not be treated unfavourably or disadvantaged 
for declining a request to operationalize one of these principles 

33.2 Agility payment 

Ongoing and fixed-term Employees will be paid an annual lump sum agility payment in 
recognition of the parties’ commitment to the agility principles outlined in sub clause 33.1 above. 

The agility payment will be made as a lump sum payment on the first pay period in December as 
per the dates specified in the schedule below (pro rata for part-time Employees).  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 43 

To be eligible for this payment Employees must be employed with RBGV on the date of the 
scheduled payment.  

Employees on parental leave or receiving WorkCover or accident make-up pay are entitled to the 
full agility payment that they would otherwise be entitled to. 

Employees who have taken other leave without pay during the preceding 12 months will be paid 
a pro-rata allowance based on weeks worked. 

Schedule for Agility payment 

Classification Dec 2021 Dec 2022 Dec 2023 Dec 2024 

RBGV Grade 1 
– 6 (inclusive) 

$1,000.00 $1,020.00 $1,040.00 $1,061.00 

 

34. FIRST AID OFFICER PAYMENT  

Where an Employee, in addition to their normal duties, agrees to be appointed by the 
RBGV to perform first aid duty, and holds a current Level 2 or Level 3 first aid certificate 
issued by St John Ambulance Australia or an equivalent qualification, the Employee will 
be paid an annual allowance in fortnightly instalments as follows: 

Amount per Annum 

1 Dec 21 1 Dec 22 1 Dec 23 1 Dec 24 

$661.77 $675.01 $688.51 $702.28 

Once the Employee agrees to the appointment, the RBGV must reimburse any 
additional costs incurred by the Employee in obtaining and maintaining the first aid 
qualification. 

35. FIRE PAYMENT 

The RBGV’s approach to fire management is defined within the RBGV Fire 
Management Policy and Procedure and includes the provision of a team of accredited 
firefighters to deliver the planned burn program and to undertake bush fire mitigation 
and suppression activities. 

Where an Employee, is appointed by the RBGV to perform duties as a designated 
firefighter, either as part of their role or in addition to their normal duties, a Fire 
Payment will apply. 

A four-tiered firefighting team structure and associated Fire Payment structure will 
apply.  Allocation to one of the four annual payment levels will be made by the RBGV 
to each designated firefighter according to the operational requirements of the RBGV 
and the level of accreditation and aptitude of the firefighter. 

Payment 
Type 

Amount per Annum 

1 Dec 21 1 Dec 22 1 Dec 23 1 Dec 24 

Incident 
Controller 

$1351.65 $1378.69 $1406.26 $1434.38 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 44 

 

The payment will be made on a pro-rata basis with each fortnightly salary payment. 

36. DESIGNATED ON-CALL OFFICER PAYMENT 

A Designated On-call Officer is required to be ready to provide advice or assistance on 
the telephone or attend the workplace should this be required to resolve an emergency 
or issue outside ordinary working hours as part of a formal on-call arrangement.  
Designated On-call Officers will be required to abide by the RBGV Designated On-call 
Officer Policy. This allowance is not payable to Employees whose substantive position 
is classified at grade 5.1 or above, save for circumstances where RBGV is the recipient 
of external funding to provide a specific on-call service. Employees who undertake this 
duty will be paid the following allowance while so appointed. 

Payment Type Amount per Occasion 

1 Dec 21 1 Dec 22 1 Dec 23 1 Dec 24 

On call Night only $31.77 $32.41 $33.06 $33.72 

On call Day+Night $63.90 $65.18 $66.48 $67.81 

37. SNAKE HANDLER ALLOWANCE 

Where an Employee who has completed the appropriate training as organised by 
RBGV, in addition to their normal duties undertakes the responsibilities of snake 
handler the Employee will be paid an annual allowance in fortnightly instalments as 
follows.  This allowance is not payable to Employees whose substantive position is 
classified at grade 5.1 or above. 

 

 

Amount per Annum 

1 Dec 21 1 Dec 22 1 Dec 23 1 Dec 24 

$661.77 $675.01 $688.51 $702.28 

 

38. CHIEF WARDEN/DEPUTY CHIEF WARDEN ALLOWANCE 

Where an Employee who has completed the appropriate training as organised by 
RBGV, and as part of their duties is required to undertake the Chief Warden or Deputy 
Chief Warden role on a regular basis, the Employee will be paid an annual allowance in 
fortnightly instalments as follows. This allowance is not payable to Employees whose 
substantive position is classified at grade 5.1 or above. 

Sector 
Commander 

$1,182.36 $1,206.01 $1,230.13 $1,254.73 

Crew Leader $1,013.06 $1033.33 $1,053.99 $1,075.07 

Crew 
Member 

$675.14 $688.64 $702.41 $716.46 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 45 

Amount per Annum 

1 Dec 21 1 Dec 22 1 Dec 23 1 Dec 24 

$661.77 $675.01 $688.51 $702.28 

 

39. TRAVEL, ACCOMMODATION EXPENSES 

Where the RBGV requires an Employee in the course of duties to be absent overnight 
or for part of the day, the Employee shall be reimbursed for actual and reasonable 
travelling, accommodation, meals and other incidental expenses. This provision does 
not apply if the expenses are paid for by the RBGV. If there is a need to define 
“reasonable” rates, then the rates are the relevant amounts set by the Australian 
Taxation Office, as adjusted from time to time. 

40. SUPERANNUATION 

The RBGV shall contribute, or shall be deemed to contribute, on behalf of the 
Employee an amount to the VicSuper superannuation fund or another approved fund in 
accordance with the Commonwealth Superannuation Guarantee Act 1992.  

An Employee may elect to make voluntary contributions to a complying superannuation 
fund by salary sacrifice, as allowed under current legislation. In the case of salary 
sacrifice to State Government defined benefit superannuation schemes, arrangements 
must comply with State Government legislation and relevant Government policy. 

In the case of salary sacrifice contributions to defined benefit schemes, arrangements 
will be made in accordance with relevant state legislation. 

41. SALARY PACKAGING  

The RBGV will allow salary packaging arrangements negotiated on an individual basis 
with Employees, for items such as novated vehicle leases and other allowable 
purchases or payments.  

Awards and benefits to be provided under this Agreement may be paid or provided in a 
manner consistent with the salary packaging arrangement agreed with the Employee. 
Any such arrangement must comply with taxation and superannuation regulatory 
requirements and must not involve any additional cost to the RBGV. 

Where employment is terminated, salary packaged items shall be converted back to 
salary for the purposes of determining payment of accrued entitlements.  

Employees are required to seek independent financial advice before entering into any 
salary packaging arrangement. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 46 

PART 5 – HOURS OF WORK AND RELATED MATTERS 

42. WORK ARRANGEMENTS 

42.1 Time Keeping  

Employees will be responsible for daily recording of time worked. 

43. HOURS OF WORK 

43.1 Work Hours 

For full-time Employees, the ordinary hours shall be 38 hours per week to be worked on 
any five (5) days of the week. The spread of ordinary hours will be as follows: 

(a) between the hours 6.00am to 8.00pm from 1 October to 31 March, Monday 
to Sunday inclusive, and  

(b) between the hours 7.00am to 7.00pm from 1 April to 30 September, 
Monday to Sunday inclusive 

The standard working day is 7 hours and 36 minutes. 

The selection of appropriate work hours will be made by mutual agreement, in 
consultation between the RBGV and Employee, with consideration being given to 
seasonal requirements, the RBGV work requirements and the Employee’s personal 
and/or family circumstances noting that: 

(c) Starting and finishing times can vary from day to day upon mutual 
agreement with the supervisor.  

43.2 Days of cultural and religious significance  

RBGV will make all reasonable efforts to accommodate an Employee who requests 
not to be rostered to work on days of cultural and religious significance. 

43.3 Flexibility  

The Parties are committed to providing a range of flexible working arrangements. These 
arrangements reflect a genuine commitment to support both individual flexibility and 
business performance needs, while recognising that not all forms of flexibility will be 
suitable for all roles at any time.  

Several provisions in this Agreement are available to facilitate an individual’s need for 
flexibility, consistent with business requirements and legislative obligations. 

Current 
Clause 
No. 

Title Summary of entitlement (see clause for full entitlement and 
any conditions) 

12 Individual 
Flexibility 
Arrangement 
(IFA) 

An IFA may vary the conditions around one of the following 
matters: 

• Arrangements about when work is performed; 
• Overtime rates; 
• Penalty rates; 
• Allowances and 
• Leave loading  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 47 

13 Right to 
Request 
Flexible 
Working 
Arrangements 

Under s65 of the FW Act, Employees in circumstances as defined 
in the legislation may request flexible working arrangements 

18.4 Part-time 
employment 

Part time employment may be worked by agreement between the 
Employee and the Employer 

48 Purchased 
Leave 

An Employee may request to work less than 52 weeks per year 
to increase the amount of leave available 

63 Family 
Violence 
Leave 

An employee experiencing family violence has an entitlement to 
additional leave and may request flexible work arrangements 

52.23 Parental 
Leave 

An employee returning to work after parental leave has a right to 
request a reduced time fraction until their child reaches school 
age. 

This 
clause 

Hours of Work 
Flexibility 

An employee may request flexibility to accrue up to +/- 7.6 hours 
to be taken or made up at a mutually agreed time. 

This 
clause 

Shift Swap For employees regularly rostered to work weekends, shift swaps 
may be requested on a “like for like” basis. 

121 Working from 
Home 

Home Based Work may be agreed by local arrangement 
between an Employee and their Manager. 
 
During the life of the Agreement, the Parties agree to review 
working from home arrangements taking into account the 
experience gained during the Coronavirus (COVID- 
19) pandemic. 
 

 

43.2.1 Flexibility with hours worked (employee initiated) 

(a) Employees can be afforded flexibility in terms of hours worked by their line 
managers on a case by case basis. Requests for flexibility within this clause 
will not be unreasonably refused. 

(b) Employees may accrue up to + or – 7.6 hours which should be taken or made 
up at a mutually agreed time.  This includes the capacity for staff to take a 
full day’s break from work under these arrangements.  Accrual of time (either 
positive or negative) will only apply after the first 10 minutes. 

(c) Recording of employee time will be maintained by the manager and 
employee at a local level (ie. not via Payroll).  It is the responsibility of the 
relevant line manager to ensure recording of time taken or made up is 
accurate.   

(d) If an employee separates from the RBGV, any outstanding accrued or owed 
time must be taken or made up before the separation date.  It will not be paid 
out on separation. 

(e) Paragraphs 2 to 4 above apply only to those employees in positions graded 
at level 4.1 or below.  These paragraphs also apply to part time employees 
or those on flexible work arrangements within the applicable grades.  

43.2.2 Shift Swap 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 48 

(a) Employees who are regularly rostered to weekends may “swap” working 
days with other rostered employees on a “like for like” basis.  This will be 
determined by discussion between the manager and employee. 

(b) Finding someone to swap the shift will be the initiating employee’s 
responsibility and managers are not able to direct employees to swap shifts. 

(c) Employees requesting to swap a shift must complete the relevant form to 
ensure correct records are maintained for audit purposes. 

(d) Shift swap is at the employee’s request and as such, will not incur overtime 
or higher duties however if applicable, weekend/public holiday penalties may 
apply. 

43.3 Weekend Loading 

A weekend loading of 50 percent will be paid in addition to the ordinary hourly rate for 
work performed on a Saturday or Sunday during the ordinary spread of hours as 
defined in clause 43.1. 

All Employees whose regular days of work do not fall on a weekend must obtain prior 
approval from their Manager to work on a Saturday or Sunday. 

43.4 Work Outside the Span of Ordinary Hours 

An Employee who is required to work outside of the span of ordinary hours as defined 
in clause 43.1 shall be paid a penalty rate as follows: 

First three hours  150% 

After three hours 200% 

43.5 Public Holiday Rates 

All work performed on a gazetted public holiday will be paid at double time and a half 
(250 percent) of the appropriate ordinary hourly rate. 

An Employee may request that time be granted in lieu of the public holiday penalty 
component of the payment. If RBGV agrees, the Employee will be paid single time 
(100%) for the hours worked and accrue time in lieu at the rate of 150 percent to total 
the public holiday rate of 250 percent. 

43.6 Special Day in Lieu 

Full-time Employees whose agreed usual working days means that their weekend falls 
on a day other than Saturday or Sunday shall be entitled to receive a day in lieu where 
their weekend days fall on an additional or substituted gazetted Public Holiday. Day in 
lieu to be taken within a fortnight of accrual.  

43.7 Rest Pause 

Employees are entitled to take a paid 15-minute morning and afternoon rest pause. 
Where the rest pause is taken at a place other than the work site, all travel time is to be 
included in the 15-minute period. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 49 

44. MEAL BREAKS 

44.1 Maximum Continuous Work  

An Employee must be allowed an interval for a meal after each five (5) hours of 
continuous work. 

44.2 Length of Interval 

The length of the meal interval must be a minimum 30 minutes up to a maximum of two 
(2) hours, as agreed between the Employee and the line manager.  

44.3 Staggering of Meal Breaks  

Where, due to the operational requirements of the RBGV, it is impractical for all 
Employees to observe the same time for the taking of a meal break, the time of taking 
meal breaks may be staggered. 

Where meal breaks are staggered, the times of taking meal breaks must be on a basis 
agreed between the RBGV and Employees.  

45. OVERTIME  

Overtime means the hours worked at the direction of RBGV, which are in addition to 
an Employee’s ordinary working hours.   

45.1 Requirement to Work Reasonable Overtime and Right to Refuse 
Overtime 

Subject to this clause, the RBGV may require an Employee to work overtime. 

An Employee may refuse to work overtime in circumstances where working of 
such overtime would result in the Employee working hours which are unreasonable 
having regard to: 

(a) Any risk to the Employee’s health and safety; 

(b) The Employee’s personal circumstances, including family responsibilities; 

(c) The needs of the workplace; 

(d) The notice (if any) given by the RBGV of the overtime and by the Employee 
of their intention to refuse it; and 

(e) Any other relevant matter. 

45.2 Requirement to Pay Overtime 

An Employee, other than an Employee whose substantive position is classified at grade 
5.1 or above, who works overtime must be paid at the appropriate overtime rate 
specified in clause 45.3 

Such Employees may request that time be granted in lieu of payment. If RBGV agrees, 
time in lieu of payment will accrue at the rate specified in clause 45.3. 

45.3 Overtime Rates of Payment  

For the purpose of computation of overtime under this clause; 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 50 

Overtime shall be based on the substantive rate of pay (as described) that the 
Employee is receiving at the time the overtime is worked and shall be calculated based 
on the actual time/hours worked.  

For overtime worked on Overtime rate (% of ordinary 
hourly rate)  

Monday to Saturday – first three hours 150% 

Monday to Saturday – after three hours 200% 

Sunday – in all cases except public holidays  200% 

Public holiday  250% 

The loadings in this clause are not cumulative.  If an Employee is entitled to more than 
one overtime rate or loading, they will be paid the highest single overtime rate or 
loading applicable to the period of time worked. 

45.4 Time in Lieu of Overtime 

Time in lieu is to be taken at a time mutually agreed. The RBGV will endeavour to 
permit the Employee to take time in lieu of the Employee’s choosing. 

Time in lieu can accrue up to a maximum of 38 hours. Any Employee who has 
accumulated 38 hours of time in lieu must be paid overtime for any additional overtime 
hours worked. 

Time in lieu of overtime accrues at the same rates as outlined in clause 45.3. 

45.5 Time in Lieu of Overtime for Employees classified at Grade 5.1 and 
above 

An Employee whose substantive position is classified at grade 5.1 or above, is entitled 
to time in lieu on an hour for hour basis for the time spent working beyond their 
ordinary hours of work.  

Time in lieu is to be taken at a time mutually agreed between the Employee and their 
manager. 

45.6 Overtime – Minimum Payment 

Employees must be paid (unless time in lieu is agreed) for a minimum of three hours 
when they are either recalled to duty or on stand-alone overtime.   

45.7 Overtime for Employees working Less than 38 Hours per Week 

A part-time Employee must be compensated for overtime in accordance with clause 
45.3 for work performed in addition to their ordinary hours. 

45.8 Rest Period 

Other than in an emergency, an Employee must not be required to perform a further 
period of overtime duty or rostered time of ordinary duty where the Employee has not 
been provided with a ten-hour rest period between the time of completion of the period 
of overtime and the commencement of the next period of ordinary duty.  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 51 

The RBGV must not make a deduction from normal salary where an Employee is 
released from normal duty to enable the Employee to observe a rest break as 
prescribed above.  

45.9 Overtime Meal Payment 

An Employee who is required to work a period of overtime that immediately follows or 
immediately precedes a scheduled period of ordinary duty and that period of overtime 
is not less than two (2) hours, shall be paid a meal allowance as per the following table: 

Date of Effect Meal Allowance 

1 December 2021 $18.92 

1 December 2022 $19.30 

1 December 2023 $19.69 

1 December 2024 $21.46 

45.10 Workload 

(a) The RBGV acknowledges the benefits to both the organisation and 
individual Employees gained through Employees having a balance 
between both their professional and family life. 

(b) The RBGV further recognises that the allocation of work must include 
consideration of the Employee’s hours of work, health, safety and welfare. 
Work will be allocated so that there is not an allocation that routinely 
requires work to be undertaken beyond an Employee’s ordinary hours of 
work. 

(c) 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. 

(d) On receipt of a request by an Employee or group of Employees under this 
clause, the RBGV must give the Employee a written response within 
21 days, stating whether the RBGV agrees to or refuses the request. 

(e) If the RBGV refuses the request for a review, the written response under 
clause 45.10(d) must include details of the reasons for the refusal. 

(f) If the RBGV agrees to the request, a review of the workload of the 
Employee or group of Employees will be conducted. 

(g) Following the completion of the review, the Employee or group of 
Employees and the RBGV shall agree on any necessary adjustments that 
are required to be implemented to ensure the workload for the Employee or 
group of Employees is reasonable. 

45.11 Childcare and Dependent Care  

Where an Employee is required by the RBGV 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 RBGV, the Employee will be reimbursed for reasonable 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 52 

childcare or dependent care expenses incurred. Evidence of expenditure incurred by 
the Employee must be provided to the RBGV as soon as possible after the working of 
such overtime. 

46. EXCESS TRAVELLING TIME  

All Employees, with the exception of those whose substantive position is classified at 
grade 5.1 or above, will be entitled to time off in lieu at ordinary rates for Excess Travel 
Time.  

RBGV may, where time off in lieu is not practicable, authorise payment at the 
Employee’s ordinary rate of pay for the excess travelling time. 

For the purposes of this clause:  

(a) “Travel Time” is measured from the Employee’s primary place of residence and is 
the time taken by the Employee to attend and return from their nominated work 
location. 

 
(b) “Excess Travel Time” is that portion of travel time that is in excess of 30 minutes in 

any day due to RBGV’s direction to an Employee to attend at a work location other 
than their usual place of work. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 53 

PART 6 – LEAVE AND RELATED MATTERS 

47. PUBLIC HOLIDAYS 

(a) All Employees except casual Employees will be entitled to the following public 
holidays without deduction of pay, unless reasonably required to work by 
RBGV: 

(i) New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, 
Queen’s Birthday, Christmas Day and Boxing Day; and 

(ii) The following days as prescribed in the State of Victoria: Easter Saturday, 
Easter Sunday and Labour Day; and 

(iii) any other day as specified and gazetted in the State of Victoria, on some 
other basis:  

▪ For Employees employed in the metropolitan area - Melbourne 
Cup Day. 

▪ Friday before AFL Grand Final 

(b) When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof 
will be observed on 27 December. 

When Boxing Day is a Saturday or a Sunday, an additional holiday will be 
observed on 28 December. 

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

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

(c) Where in the State of Victoria, public holidays are declared or prescribed on 
days other than those set out in clause 47(a) above, those days will 
constitute additional or substitute holidays for the purpose of this 
Agreement. 

48. STANDARD DAY FOR APPROVED LEAVE PURPOSES  

For each day that a full-time Employee is absent on approved leave, the hours of work 
for the purposes of such entitlements shall be taken as 7.6 hours (7 hours and 36 
minutes). Where an alternative arrangement of days and hours is worked, leave shall 
be debited on the basis of the actual hours to be worked on the day of the leave. 

49. ANNUAL LEAVE 

49.1 Annual Leave Entitlement 

Full-time Employees are entitled to accrue annual leave at the rate of four weeks per 
year of service. Part-time Employees will accrue annual leave on a pro-rata basis.  

Annual leave accrues progressively based on an Employee’s ordinary hours of work 
and is cumulative.  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 54 

Annual leave entitlements should be taken by the end of the calendar year following the 
calendar year in which they accrued. If an Employee accumulates more than eight (8) 
weeks of untaken annual leave in the previous two (2) year period, then the RBGV may 
direct the Employee to take up to a quarter of the untaken annual leave. 
An Employee who, upon retirement, resignation or termination of employment, has an 
outstanding annual leave entitlement, will be paid an amount equal to the unused 
annual leave entitlement and leave loading entitlement. 

49.2 Other periods of leave during Annual Leave 

Employees who become ill or injured during annual leave are entitled to apply for 
personal leave for the period of the illness or injury. Evidence required is in accordance 
with clause 52.3. If personal leave is approved, the annual leave days will be re-
credited to the Employee. Leave credits will also be re-credited where compassionate 
leave, carer’s leave, paid parental leave, jury service and emergency leave is required 
and approved for a period during annual leave.  

49.3 Public Holidays during Annual Leave 

Public holidays that occur during a period of annual leave are not regarded as part of 
that leave.  

49.4 Payment in Advance 

An Employee may request to be paid in advance of taking annual leave. The RBGV 
shall grant any such request as long as the request is for a minimum period of one 
week.  The request must also be provided at least 2 weeks prior to the commencement 
of the leave being taken. 

49.5 Cashing out of Annual Leave 

Paid annual leave must not be cashed out except in accordance with this clause. 

At the Employee’s request the RBGV may agree to the Employee cashing out a 
particular amount of the Employee’s annual leave entitlement provided that:  

(a) After cashing out any amount of annual leave, the Employee’s remaining 
accrued entitlement would be at least 8 weeks; and  

(b) the maximum amount of annual leave that may be cashed out in any period 
of 12 months is 2 weeks; and 

(c) the Employee must be paid the full amount that would have been payable 
to them had they taken the leave at the time that it is cashed out. 

The cashing out of annual leave will be by written agreement between RBGV and the 
Employee outlining the amount of leave to be cashed out, quantum and date of payment 
and signed by both parties.  

The agreement is retained as an Employee record. 

50. ANNUAL LEAVE LOADING  

The 17.5% annual leave loading will be paid to all Employees as the annual leave is 
taken.  

The leave loading is paid based on the Employee’s salary at the time of taking leave up 
to a maximum amount  calculated to the top of the RBGV grade 4 salary. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 55 

Superannuation will apply to Annual Leave Loading payments. 

51. PURCHASED LEAVE (46/52, 47/52, 48/52, 49/52, 50/52, 51/52)  

(a) An Employee may, subject to operational requirements and with the 
agreement of the RBGV, work 46, 47, 48, 49, 50 or 51 weeks per year. 
Access to this entitlement may only be granted on application from an 
Employee and cannot be required as a precondition for appointment to a 
position. 

The above does not preclude an Employee and the RBGV from agreeing to 
a similar type of arrangement that would provide an Employee with 
additional purchased leave. 

(b) Where the RBGV and an Employee agree to a reduction in the number of 
working weeks under clause 51 (a), the Employee will receive an additional 
allocation of leave, as follows: 

(i) 46/52 additional six (6) weeks leave 

(ii) 47/52 additional five (5) weeks leave 

(iii) 48/52 additional four (4) weeks leave 

(iv) 49/52 additional three (3) weeks leave 

(v) 50/52 additional two (2) weeks leave 

(vi) 51/52 additional one (1) week leave 

The Employee will receive a salary equal to the selected option of 46, 47, 
48, 49, 50 or 51 weeks which will be spread over a 52 week period (i.e. 
46/52, 47/52, 48/52, 49/52, 50/52 or 51/52 of the annual salary). 

Accrual of personal leave and long service leave by the Employee shall 
remain unchanged. 

(c) The RBGV will endeavour to accommodate Employee requests for 
arrangements under this clause and, where such requests are granted, will 
make proper arrangements to ensure that the workloads of other 
Employees are not unduly affected and that excessive overtime is not 
required to be performed by other Employees as a result of these 
arrangements. 

(d) The Employee will commit to 12 months’ participation in this arrangement in 
advance. Ordinarily, this arrangement will commence on 1 July and will 
conclude on 30 June. The Employee may then revert to ordinary 52 week 
employment, or seek to re-enter the arrangement for another 12 months. 
Where an Employee so reverts to 52 week employment, appropriate pro-
rata salary adjustments will be made. 

(e) Notwithstanding the provisions of clause 51(d), the RBGV may agree to 
allow an Employee to revert to full employment under special 
circumstances, without fulfilling the requirement for 12 months’ commitment. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 56 

52. PERSONAL LEAVE 

52.1 Personal Leave Entitlement and Purpose 

Each full-time Employee employed on an ongoing basis shall be credited with 114 
hours (fifteen (15) working days) personal leave on full pay on commencement of 
employment and a further 114 hours (fifteen (15) working days) on completion of each 
year’s service thereafter. Should a need arise for an employee to have a portion of their 
second year’s provision advanced, the RBGV will not unreasonably refuse this request.  

Personal leave may be used:  

(a) for paid sick leave purposes, when the Employee is not fit for work 
because of a personal illness or injury affecting the Employee; or 

(b) for paid carer's leave purposes, when the Employee needs to provide care 
or support to a member of their immediate family, or a member of their 
household, who requires care or support because of: 

(i) a personal illness, or injury, of the member; or 

(ii) an unexpected emergency affecting the member. 

(iii) the requirement to provide ongoing care and attention to another 
person who is wholly or substantially dependent on the Employee, 
provided that the care and attention is not provided wholly or 
substantially on a commercial basis.  

52.2 Definition of Immediate Family 

For the purposes of this clause, the Employee’s “immediate family” includes: 

(a) the Employee’s partner or spouse (including the Employee’s former spouse, 
de facto partner and former de facto partner). The Employee’s “de facto 
partner” means a person who, although not legally married to the Employee 
lives with the Employee in a relationship as a couple in a genuine domestic 
basis (whether the Employee and the person are of the same sex or 
different sexes); and 

(b) a child or an adult child (including an adopted child, a step-child or an ex-
nuptial child), parent, grandparent, grandchild or sibling of the Employee or 
the Employee’s spouse or de facto spouse.  

52.3 Personal Leave Evidence Requirements 

An Employee may take up to five (5) days accrued personal leave with pay in each 
year of employment, without having to provide a medical certificate from a registered 
practitioner.  

If requested by RBGV, an Employee shall provide a medical certificate from a 
registered practitioner as soon as practicable, in the following circumstances: 

(a) The Employee is absent for a period in excess of two consecutive days; or 

(b) The Employee is absent on a Friday, or Monday, or the day before, or the 
day after a Public Holiday; or 

(c) As otherwise reasonably requested by RBGV.  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 57 

If it is not reasonably practicable to provide a medical certificate, a statutory declaration 
may be provided. The statutory declaration must include a statement to the effect that 
the Employee is or was unfit for work because of personal illness or injury or that a 
member of the Employee's immediate family or household requires care or support 
because of a personal illness or injury or because of an unexpected emergency 
affecting the member. 

52.4 Definition of Registered Practitioners 

For the purposes of this clause, “registered practitioner” means one of the following: 
Doctor of Medicine; Dentist; Physiotherapist; Podiatrist; Pharmacist; Osteopath; 
Psychologist; Chiropractor; Optometrist, or practitioner registered by the Chinese 
Medicine Registration Board of Victoria, Aboriginal or Torres Strait Islander health 
practitioner; and any other person registered, or licensed as a health practitioner under 
a law of State or Territory that provides for the registration or licensing of health 
practitioners that is not covered by the above list.  

The RBGV may require that an Employee provide a further medical certificate from a 
registered practitioner for any period of personal leave exceeding 13 weeks. 

52.5 Public Holidays during Personal Leave 

Public holidays that occur during a period of personal leave are not regarded as part of 
that leave.  

52.6 Unpaid Personal/Carer’s Leave 

Where an Employee has exhausted all paid personal/carer’s leave entitlements, they 
are entitled to take unpaid personal or carer’s leave to provide care or support in the 
circumstances outlined in clause 52.1. The RBGV and the Employee will agree on the 
period. In the absence of agreement, the Employee is entitled to take two (2) days’ 
unpaid Personal/carer’s leave per occasion. 

52.7 Make-up Time 

An Employee may elect, with the consent of the RBGV, to work make-up time, under 
which the Employee takes time off during ordinary hours, and works those hours at a 
later time during the Employee’s spread of ordinary hours.  

53. RBGV PERSONAL LEAVE BANK 

The Personal Leave Bank entitles eligible Employees who exhaust their personal leave, 
annual leave and long service leave entitlements and suffer serious and/or ongoing 
illness or who support dependent(s) with serious and/or ongoing illness to apply for 
additional personal leave, subject to an available balance in the leave bank. 

The Personal Leave Bank balance is increased through Employee donations and are 
limited to a maximum of five (5) days per Employee per annum.  Once donated, 
Employees forfeit their right to access the amount of personal leave donated, however 
the Employee must have a minimum balance of two (2) years worth of personal leave 
provision to be eligible to donate to the Personal Leave Bank.  Donations may not be 
made to individual Employees.  Employees may also donate up to five (5) days upon 
resignation. 

 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 58 

53.1 Accessing the Personal Leave Bank 

Employees who require access to additional personal leave from the Personal 
Leave Bank should apply in accordance with the relevant section of RBGV’s 
Personal Leave Policy. 

In line with the policy, applications will be assessed by the Personal Leave Bank 
Committee against the stated criteria with an outcome provided to the Employee 
in writing. 

Grievances concerning the applications to the Personal Leave Bank will be 
handled in accordance with the Resolution of Disputes clause 16. 

54. COMPASSIONATE LEAVE 

An Employee other than a casual Employee is entitled to up to three (3) days with pay 
per occasion where a member of the Employee’s immediate family or household: 

(a) contracts or develops a personal injury that poses a serious threat to their 
life,  

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

(c) dies. 

The definition of the Employee’s immediate family shall be as stated in clause 52.2. 

Any unused portion of compassionate leave will not accrue from year to year and will 
not be paid out on termination. 

Such leave does not have to be taken consecutively. 

An Employee may be granted leave beyond three days where the RBGV is satisfied 
that the three days is inadequate in the circumstances, which should not be 
unreasonably withheld. 

The RBGV may require the Employee to provide satisfactory evidence to support the 
taking of compassionate leave. 

In addition to the other provisions of this clause, Employees of Aboriginal or Torres 
Strait Islander descent may be granted unpaid leave of up to three (3) days in relation 
to the death of an extended family member. 

Casual Employees are entitled to unpaid compassionate leave in accordance with 
clause 18.5.2 (e). 

55. PARENTAL LEAVE 

55.1 Application 

Full-time, part-time and Eligible Casual Employees are entitled to parental leave under 
this clause if:  

(a) the leave is associated with: 

(i) the birth of a child of the Employee or the Employee’s Spouse; or 

(ii) the placement of a child with the Employee for adoption; and 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 59 

(b) the Employee has or will have a responsibility for the care of the child. 

55.2 Definitions 

For the purpose of this clause: 

(a) Eligible Casual Employee means a Casual Employee: 

(i) employed by the RBGV on a regular and systematic basis for a 
continuing period or sequence of periods of employment during a 
period of at least twelve months; and 

(ii) who has, but for accessing parental leave under this clause, a 
reasonable expectation of continuing employment by the RBGV on 
a regular and systematic basis. 

(b) Continuous Service is work for the RBGV on a regular and systematic 
basis (including any period of authorised leave) and any period of 
Recognised Prior Service (as defined in clause 55.2(a)). 

(c) Child means: 

(i) in relation to birth-related leave, a Child (or children from a multiple 
birth) of the Employee or the Employee’s Spouse; 

(ii) in relation to adoption-related leave, a Child (or children) who will 
be placed with an Employee, and: 

(d) who is, or will be, under 16 as at the day of placement, or the expected 
day of placement; 

(e) 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 

(f) is not (otherwise than because of the adoption) a Child of the Employee or 
the Employee’s Spouse. 

(g) Primary Caregiver means the person who is the primary carer of a 
newborn or newly adopted Child. The primary carer is the person who 
meets the Child's physical needs more than anyone else. Only one person 
can be a Child's primary carer on a particular day. In most cases the 
Primary Caregiver will be the birth mother of a newborn or the initial 
primary carer of a newly adopted Child. 

(h) Secondary Caregiver means a person who has parental responsibility for 
the Child but is not the Primary Caregiver. 

(i) Spouse includes a de facto spouse, former spouse or former de facto 
spouse. The Employee’s de facto spouse means a person who lives with 
the Employee as husband, wife or same sex partner on a bona fide 
domestic basis, whether or not legally married to the Employee. 

(j) Recognised Prior Service means any service where the Employee was 
employed by an approved public sector employer immediately prior to the 
Employee’s employment with the RBGV. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 60 

55.3 Summary of Parental Leave Entitlements 

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

Leave Type Paid leave Unpaid leave Total 

Primary Caregiver    

Successfully completed 
probation period 

16 weeks Up to 36 weeks 52 weeks 

Within probation period 0 Up to 52 weeks 52 weeks 

Eligible casual employee 0 Up to 52 weeks 52 weeks 

Secondary Caregiver    

Successfully completed 
probation period 

4 weeks Up to 48 weeks 52 weeks 

Successfully completed 
probationary period and takes 
over primary responsibility for the 
care of the Child within first 78 
weeks 

An additional 
12 weeks 

Up to 36 weeks 52 weeks 

Within probation period 0 Up to 52 weeks 52 weeks 

Eligible casual employee 0 Up to 52 weeks 52 weeks 

Pre-natal leave    

Pregnant employee 38 hours   

Spouse 7.6 hours   

Pre-adoption leave 2 days   

Permanent Care Leave    

Successfully completed 
probation period 

16 weeks Up to 36 weeks 52 weeks 

Within probation period 0 Up to 52 weeks 52 weeks 

Grandparent Leave 0 Up to 52 weeks 52 weeks 

 

 

55.4 Parental Leave – Primary Caregiver 

(a) An Employee who has, or will have, completed their probationary period 
and who will be the Primary Caregiver at the time of the birth or adoption 
of their Child, is entitled to up to 52 weeks parental leave, comprising: 

(i) 16 weeks paid parental leave; and 

(ii) up to 36 weeks unpaid parental leave. 

(b) An Employee who will be the Primary Caregiver but has not completed their 
probationary period at the time of the birth or adoption of their Child, is 
entitled to up to 52 weeks unpaid parental leave. 

(c) An Eligible Casual Employee who will be the Primary Caregiver at the time 
of the birth or adoption of their Child is entitled to up to 52 weeks unpaid 
parental leave. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 61 

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

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

(ii) if their Spouse has received, or will receive, paid maternity leave, 
primary caregiver entitlements, or a similar entitlement, from their 
employer; or 

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

(e) A period of parental leave taken in accordance with this clause may be 
for a single continuous period, or, be taken in a manner that suits parents to 
share care, subject to RBGV’s operational requirements. 

55.5 Parental Leave – Secondary Caregiver 

(a) An Employee who has, or will have, completed their probationary period 
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 55.6 

(iii) up to 36 weeks unpaid parental leave. 

(b) An Employee who will be the Secondary Caregiver but has not completed 
their probationary period at the time of the birth or adoption, is entitled to 
up to 52 weeks unpaid parental leave. 

(c) An Eligible Casual Employee who will be the Secondary Caregiver at the 
time of the birth or adoption of their Child is entitled to up to 52 weeks 
unpaid parental leave. 

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

(e) An Employee cannot receive Secondary Caregiver parental leave 
entitlements where the Employee has received Primary Caregiver 
parental leave entitlements in relation to their Child. 

55.6 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 physical needs more than 
anyone else; and 

(ii) the Secondary Caregiver’s spouse is not concurrently taking 
primary responsibility for the care of the Child or receiving paid 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 62 

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. 

55.7 Pre-Natal Leave 

(a) A pregnant Employee will have access to paid leave totalling up to 
38 hours per pregnancy to enable the Employee to attend routine medical 
appointments associated with the pregnancy. The RBGV should be 
flexible enough to allow the Employee the ability to leave work and return 
on the same day. 

(b) An Employee who has a Spouse who is pregnant will have access to paid 
leave totalling up to 7.6 hours per pregnancy to enable the Employee to 
attend routine medical appointments associated with the pregnancy. 

(c) The Employee is required to provide a medical certificate from a 
registered medical practitioner confirming that the Employee or their 
Spouse is pregnant. Each absence on pre-natal leave must also be covered 
by a medical certificate. 

(d) Paid pre-natal leave is not available to casual Employees. 

55.8 Pre-adoption Leave 

(a) An Employee seeking to adopt a Child is entitled to up to two (2) days 
paid leave for the purpose of attending any compulsory interviews or 
examinations as are necessary as part of the adoption procedure. 

(b) The RBGV may require the Employee to provide satisfactory evidence 
supporting the leave. 

55.9 Permanent Care Leave 

If, pursuant to the Children, Youth and Families Act 2005 (Vic) or any successor to 
that legislation, an Employee (other than a casual Employee), is granted a permanent 
care order in relation to the custody or guardianship of a Child and the Employee is 
the Primary Caregiver for that Child, the Employee will be entitled to 16 weeks’ paid 
leave at a time to be agreed with the RBGV. 

55.10 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. 

55.11 Employer 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 RBGV will pay the superannuation contributions as a lump sum to the 
Employee’s fund as provided for in this clause. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 63 

(c) The lump sum payment will be made on or before the first superannuation 
guarantee quarterly payment due date following the Employee’s return to work 
at the conclusion of their Primary Caregiver parental leave. 

(d) 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 55.22 of 
the Agreement; and 

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

55.12 Continuing to Work While Pregnant 

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

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

(ii) is on paid leave under clause 55.13(b). 

(b) The RBGV may require the Employee to start parental leave if the 
Employee: 

(i) does not give the RBGV the requested certificate within seven days 
of the request; or 

(ii) gives the RBGV a medical certificate stating that the Employee 
is unfit to work. 

55.13 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 49. 

55.14 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 RBGV 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 RBGV 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 RBGV may require the Employee to take no safe job paid leave 
immediately for a period which ends at the earliest of either: 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 64 

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

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

(c) The entitlement to no safe job leave is in addition to any other leave 
entitlement the Employee has.  

55.15 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 52; or 

(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 amount of paid parental leave available under 
clause 55.3 and thereafter, to unpaid special maternity leave. 

55.16 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; 

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

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

(b) At least four weeks before the intended commencement of parental leave, 
the Employee must confirm in writing the intended start and end dates 
of the parental leave, or advise the RBGV of any changes to the notice 
provided in clause 55.15(a), unless it is not practicable to do so. 

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

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

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








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 65 

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

55.17 Commencement of Parental Leave 

(a) An Employee who is pregnant may commence Primary Caregiver parental 
leave at any time within 14 weeks prior to the expected date of birth of the 
Child. The period of parental leave must commence no later than the date 
of birth of the Child. 

(b) In all other cases, Primary Caregiver parental leave commences on the 
day of birth or placement of the Child. 

(c) Secondary Caregiver parental leave may commence on the day of 
birth or placement of the Child. 

(d) The RBGV and Employee may agree to alternative arrangements 
regarding the commencement of parental leave. 

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

55.18 Period of Parental Leave 

Parental leave is to be available to only one parent at a time, and may be taken in a 
single unbroken period, or, in a manner that suits parents to share care, subject to 
RBGV’s operational requirements, except in the case of concurrent leave. 

55.19 Employee Couple – Concurrent Leave 

(a) Two Employees covered by this Agreement may take up to ten weeks 
concurrent leave in connection with the birth or adoption of their Child. 

(b) Concurrent leave may commence one week prior to the expected date of 
birth of the Child or the time of placement in the case of adoption. 

55.20 Parental Leave and Other Entitlements 

(a) An Employee may in lieu of or in conjunction with parental leave, access 
any annual leave or long service leave entitlements which they have 
accrued subject to the total amount of leave not exceeding 52 weeks or a 
longer period as agreed under clause 55.21(b). 

(b) Where a Public Holiday occurs during a period of paid parental leave, 
the Public Holiday is not to be regarded as part of the paid parental leave. 

(c) Unpaid parental leave under clauses 55.4, 55.5, 55.22 and 55.24 shall not 
break an Employee’s continuity of employment but it will not count as 
service for leave accrual or other purposes, with the exception of Long 
Service Leave 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 66 

55.21 Keeping in Touch Days 

(a) During a period of parental leave an Employer and Employee may 
agree to perform work for the purpose of keeping in touch in order to 
facilitate a return to employment at the end of the period of leave. 

(b) Keeping in touch days must be agreed and be in accordance with section 
79A of the Fair Work Act 2009. 

55.22 Extending Parental Leave 

(a) Extending the initial period of parental leave 

(i) An Employee, who is on an initial period of parental leave of less 
than 52 weeks under clause 55.4 or 55.5, may extend the period 
of their parental leave on one occasion up to the full 52 week 
entitlement. 

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

(b) Right to request an extension to Parental Leave 

(i) An Employee who is on parental leave under clause 55.4 or 
55.5 may request an extension of unpaid parental leave for a 
further period of up to 12 months immediately following the end 
of the current parental leave period. 

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

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

(iv) The RBGV 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 RBGV must not refuse the request unless the RBGV has given 
the Employee a reasonable opportunity to discuss the request. 

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

(c) Total period of Parental Leave 

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

(ii) In the case of an Employee Couple, the total period of parental 
leave for both parents combined, including any extensions, must 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 67 

not extend beyond 24 months. The Employee’s entitlement to 
parental leave under clause 55.4 or 55.5 will reduce by the period 
of any extension taken by a member of the couple under clause 
55.22. 

55.23 Calculation of Pay for the Purposes of Parental Leave 

(a) The calculation of weekly pay for paid parental leave purposes will be 
based on the average number of ordinary hours worked by the 
Employee over the past three years. The calculation will exclude periods of 
unpaid parental leave. 

(b) The average number of weekly hours worked by the Employee, 
determined in accordance with clause 55.23(a), will be then applied to 
the annual salary applicable to the Employee’s classification and salary 
point at the time of taking parental leave to determine the actual rate of 
pay whilst on parental leave. 

(c) Despite clause 55.23(a), an Employee who reduces the time fraction 
they work to better cope during pregnancy will not have their subsequent 
paid parental leave reduced accordingly. 

(d) 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. 

55.24 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. 

55.25 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 RBGV and the 
Employee, provided that time does not exceed four weeks from 
the recommencement date desired by the Employee. 

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

(b) Returning to work at the conclusion of leave 

(i) At least four weeks prior to the expiration of parental leave, the 
Employee will notify the RBGV of their return to work after a period 
of parental leave. 

(ii) Subject to clause 55.25(b)(iii), an Employee will be entitled to 
the position which they held immediately before proceeding on 
parental leave. In the case of an Employee transferred to a safe 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 68 

job pursuant to clause 55.14 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 
55.25(c)(i) such a request must be made as soon as possible but 
no less than seven weeks prior to the date upon which the 
Employee is due to return to work from parental leave. 

55.26 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 RBGV shall 
take reasonable steps to: 

(i) make information available in relation to any significant effect the 
change will have on the status or responsibility level of the 
position the Employee held before commencing parental leave; and 

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

(b) The Employee shall take reasonable steps to inform the RBGV 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 RBGV of changes of address or other 
contact details which might affect the RBGV’s capacity to comply with 
clause 55.26(a). 

55.27 Extended Family Leave 

(a) An Employee who is the Primary Caregiver and has exhausted all 
parental leave entitlements may apply for unpaid Extended Family 
Leave as a continuous extension to their parental leave taken in 
accordance with this clause. The total amount of leave, inclusive of 
parental leave taken in accordance with this clause cannot exceed seven 
years. 

(b) The Employee must make an application for Extended Family Leave each 
year. 

(c) An Employee will not be entitled to paid parental leave whilst on 
Extended Family Leave. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 69 

(d) Upon return to work the RBGV may reallocate the Employee to other 
duties. 

55.28 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 RBGV engages a replacement Employee the RBGV 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 18.7 on the use of fixed-term employment to 
replace the Employee does not apply in this case. 

55.29 Casual Employees 

The RBGV 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 RBGV in 
relation to engagement and re-engagement of casual Employees are not affected, 
other than in accordance with this clause. 

55.30 Nursing Parents 

(a) Employees who are breastfeeding shall be provided with the facilities and 
support necessary to enable them to combine a continuation of such 
breastfeeding with their employment. 

(b) The provision of facilities and support shall include: 

• two (2) paid lactation breaks each of up to thirty minutes duration, with such 
breaks being in addition to rest periods and meal breaks otherwise 
prescribed in this agreement; and 

• appropriate facilities that enable the nursing parent to express milk and 
store the milk and equipment safely. The facilities should also ensure 
adequate privacy. 

56. CULTURAL AND CEREMONIAL LEAVE 

56.1 NAIDOC Week Leave 

(a) An Employee of Aboriginal or Torres Strait Islander descent is entitled to one 
day of paid leave per year to participate in National Aboriginal and Islander Day 
Observance Committee (NAIDOC) week activities and events 

(b) NAIDOC week leave will not accrue from year to year and will not be paid out 
on termination of the employment of the Employee. 

56.2 Leave to attend Aboriginal community meetings 

The RBGV may approve attendance during working hours by an Employee of 
Aboriginal or Torres Strait Islander descent at any Aboriginal community meetings, 
except the Annual General Meetings of Aboriginal community organisations at which 
the election of office bearers will occur. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 70 

56.3 Leave to attend Annual General Meetings of Aboriginal community 
organisations 

The RBGV may grant an Employee of Aboriginal or Torres Strait Islander descent 
accrued annual or other leave to attend Annual General Meetings of Aboriginal 
community organisations at which the election of office bearers will occur. 

56.4 Ceremonial leave 

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

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

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

(b) Where ceremonial leave is taken for the purposes outlined in clause 56.4(a), up 
to three (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) Ceremonial leave granted under this clause 56.4 is in addition to compassionate 
leave granted under clause 54. 

56.5 Leave to participate in the First Peoples’ Assembly of Victoria 

An Employee who is a member of the First Peoples’ Assembly of Victoria is entitled to 
up to 10 days paid leave per calendar year to fulfil their official functions during their 
term of office: 

(a) Leave will be available to attend sessions of the First Peoples’ Assembly of 
Victoria, participate in constituent consultation relevant to their role or for any 
other ancillary purpose as agreed with the RBGV. 

(b) Where in any calendar year an Employee exhausts their entitlement under 
this clause the RBGV may grant further paid or unpaid leave to support the 
Employee’s representative functions 

(c) The 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 RBGV. 

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

 

57. LONG SERVICE LEAVE  

57.1 Basic Entitlement  

An Employee who has ten (10) years of continuous full time service is entitled to 495.7 
hours’ (three (3) months’) long service leave with pay. An Employee who is a part-time 
Employee for the purposes of clause 18.4 is entitled to long service leave on a pro 
rata basis calculated on the number of ordinary hours worked. For each additional 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 71 

period of five (5) years continuous service in the RBGV, an Employee is entitled to the 
equivalent of one and one half months’ long service leave with pay. 

57.2 Pro-rata Access 

An Employee may access this entitlement, on a pro-rata basis, after an initial seven (7) 
years of continuous service. 

57.3 Public Holidays during Long Service Leave  

Where a public holiday occurs during a period of long service leave granted to an 
Employee, the public holiday is not to be regarded as part of the long service leave and 
RBGV will pay the employee their ordinary hours rate (regardless if on full or half pay).  

57.4 Pro-rata Payment of Long Service Leave  

An Employee with at least seven (7) years continuous service who resigns shall receive 
payment of an amount of long service leave with pay equalling one-fortieth of the 
Employee’s period of service. 

An Employee is entitled, or in the case of death is deemed to have been entitled, to an 
amount of long service leave with pay equalling one-fortieth of the Employee’s eligible 
period of service, as defined in clause 57.5 below, if: 

(a) on account of age or ill health 

(i) the Employee retires or is retired, or 

(ii) the employment of the Employee is terminated; or 

(b) the employment of the Employee is terminated for any other reason except 
for serious misconduct or resignation by the Employee; or 

(c) the Employee dies.  

57.5 Eligible Period of Service  

“Eligible period of service” in relation to clause 57.4 means the period of service 
between four (4) years but less than seven (7) years. 

57.6 Half Pay 

The RBGV may allow an Employee who is entitled to long service leave to take the 
whole or any part of that leave at half pay for a period equal to twice the period to which 
the Employee would otherwise be entitled. 

57.7 Time of Taking Leave  

The RBGV may determine the time for granting long service leave so that the RBGV’s 
operations will not be unduly affected. 

57.8 Prior Service Recognition 

Upon recruitment of a new Employee, for the purposes of long service leave, prior 
service with approved public-sector Employers shall be recognised subject to the 
following: 

(a) That breaks in that Employee’s service do not exceed twelve months, and 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 72 

(b) That the previous employer arranges a transfer of funds and details of the 
Employee’s leave entitlement to the RBGV to cover this inherited leave 
liability. The RBGV will seek to make appropriate arrangements for the 
transfer to take place.  

An Employee with recognised prior service, who has had their long service leave paid 
out by a previous employer, may have their original long service leave date recognised 
with the RBGV subject to meeting the condition in clause 57.8 (a). 

For the purposes of this clause, service with an “approved public sector employer” 
means service with: 

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

(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; or 

(iv) any other public sector authority or local governing body of the 
Commonwealth, a State other than Victoria or a Territory of 
Australia, which the RBGV, in its absolute discretion, recognises. 

For the purposes of this clause “authority” means authority (incorporated or not) that is 
constituted by or under a law of the State, the Commonwealth or a Territory of Australia 
for a public purpose. 

57.9 Payment for Leave  

The pay to which an Employee is entitled for the period during which long service leave 
is granted shall: 

(a) if the leave is granted with full pay, be computed in the same manner as if 
the Employee had remained on duty during that period; or 

  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 73 

(b) if the leave is granted at half pay, be computed at half the rate the 
Employee would have received had the leave been granted with full pay.  

The payment will be based on: 

(c) the Employee’s ordinary rate of pay; and 

(d) any annual allowance payable which the RBGV determines should be 
included, but does not include: 

(i) any payment of overtime 

(ii) travelling or transport allowance; or 

(iii) any allowance in the nature of reimbursement of expenditure. 

In computing the pay of an Employee for or in lieu of long service leave, that pay 
includes: 

(e) if the Employee is receiving salary maintenance, that salary maintenance; 
and 

(f) any additional payment payable for a temporary assignment where the 
assignment has continued for a period of at least 12 months before the 
commencement of the leave; and 

(g) any annual allowance payable to the Employee which the RBGV 
determines should be included, but does not include: 

(i) any payment of overtime, commuted overtime or penalty rates; or 

(ii) any travelling or transport allowance; or 

(iii) any allowance in the nature of reimbursement of expenditure.  

An Employee may request to be paid in advance of taking long service leave. The 
RBGV may grant any such request. 

58. JURY LEAVE / FWC ATTENDANCE LEAVE  

58.1 Jury Leave  

An Employee required under the Juries Act 2000 (Vic) to appear and serve as a juror in 
any court shall be entitled to be granted leave with pay for the period of required 
attendance at court and shall be required to pay the RBGV any fees received from the 
court for serving as a juror, with reasonable expenses actually incurred over and above 
those which the Employee would normally incur being offset against this amount. 

To obtain approval for leave under the above sub-clause, a leave application must be 
supported by a notification that the Employee is required to attend.  

58.2 Leave to Attend the FWC 

An Employee summonsed to attend as a witness at the FWC with respect to any 
matters pertaining to this Agreement, shall be granted leave with pay for the period of 
required attendance.  

Leave granted under this clause shall be included as service for the purpose of annual, 
personal and long service leave.  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 74 

59. STUDY LEAVE  

59.1 Purpose of Study Leave 

The RBGV may grant to any Employee sufficient part-time leave of absence with pay 
for the purpose of acquiring a qualification or studying a course or part of a course 
which, in the opinion of the RBGV, is likely to increase the efficiency and individual 
development of the Employee within the workplace. 

59.2 Quantity of Leave 

The RBGV shall grant sufficient leave to enable the Employee to travel to and attend up 
to five (5) hours of lectures and tutorials in a week, or block release equivalent, having 
regard to the arrangements which can reasonably be made for apportioning attendance 
at lectures and tutorials between times inside and outside working hours. Provided that, 
in special circumstances, the RBGV may grant leave for such longer period as deemed 
necessary. 
In exceptional circumstances, for the purposes of approved study, the RBGV may grant 
leave of absence without pay as considered necessary. 
Approval for block release study leave shall be subject to the RBGV having the 
capacity to manage operational impacts. 

59.3 Examination and Graduation Leave 

The RBGV may grant, to any Employee, up to a total of 38 hours' leave with pay in any 
one calendar year for the purpose of preparing for examinations or for written or 
practical work which is in lieu of or in addition to examinations associated with a course 
of study. 

The RBGV shall grant to an Employee leave with pay for the purposes of: 

(a) attending examinations associated with an approved course of study; 

(b) attending a public presentation ceremony arranged by an educational 
institution within Victoria for the purpose of conferring on such Employee a 
degree or diploma or other qualification for which full-time or part-time study 
leave may be granted or in such other circumstances as the RBGV 
considers appropriate, having regard to the relevance of the course of study 
to the duties of the Employee and to the form of the presentation, 
admittance or graduation ceremony to be attended; 

(c) necessary travel associated with clauses 59.3(a) or 59.3(b) above. 

For the purposes of granting leave each type of leave shall stand alone. 

59.4 Revocation of Leave 

The RBGV may, after a minimum period of twelve months, revoke any study leave 
granted if the requirements of the educational institution have not been met.  

59.5 Approved Courses 

For the purposes of this clause, leave may be granted only in respect of the following 
courses of study: 

(a) any degree or diploma course which may be undertaken at a university or 
college of advanced education; 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 75 

(b) any associate diploma or certificate course leading to a qualification which 
is a prerequisite for an Employee's position; 

(c) any secondary school course; 

(d) any other course of study, training or research which is approved by the 
RBGV from time to time. 

60. COMMUNITY SERVICE LEAVE 

60.1 Defence Force Reserves 

An Employee who is a voluntary member of the Defence Force Reserves may be 
granted unpaid leave to attend an annual training camp of up to ten (10) days (or other 
period as required by the Defence Force Reserves, and agreed by the RBGV) in any 
calendar year and a further four (4) days a year for the same purpose, on the 
certification of the commanding officer of the service unit concerned.  

An Employee who requires leave under this clause shall, on completion of the leave, 
furnish satisfactory evidence of attendance at the annual training camp for which the 
leave was granted.  

An Employee who, whilst on leave granted under these provisions, sustains an injury or 
contracts an illness necessitating absence from duty beyond the period of leave 
granted must be granted:  

(a) leave without pay for any period for which compensation is paid by the 
appropriate Commonwealth Department which is not less than the amount 
of pay which the Employee would have received had the Employee been 
granted personal leave; 

(b) if the compensation paid is less than the amount of pay which the Employee 
would have received if granted personal leave, the Employee must be paid 
an amount equal to the difference, and the Employee’s personal leave 
credit is to be reduced for the difference.  

60.2 Emergency Services Leave 

Voluntary Emergency Management Activities 

An Employee who is a member of a voluntary emergency management body or relief 
organisation, including, but not limited to, the Country Fire Authority, Red Cross, State 
Emergency Service and St John Ambulance will be released from normal duty without 
loss of pay where an emergency situation arises requiring the attendance of the 
Employee. The Employee must provide verification of involvement, in the form of an 
appropriate certification by the organisation concerned, to the RBGV. Leave to engage 
in emergency situation activities as described in this clause shall be included as service 
for the purposes of annual leave, personal leave and long service leave accrual. 

60.3 Training or Qualification Activities 

An Employee who is required to attain qualifications or to requalify to perform activities 
in emergency relief organisation will 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 no significant inconvenience is caused to the operations of 
the RBGV work unit. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 76 

60.4 Municipal Council Activities 

An Employee who is elected to a Municipal Council will be granted leave with pay to 
fulfil their official functions as follows, provided that no significant inconvenience is 
caused to the operational requirements of the RBGV: 

(a) Mayor or Shire President - three (3) hours per week or six (6) hours per 
fortnight. 

(b) Councillor - three (3) hours per fortnight or six (6) hours per month. 

60.5 Community Activities 

An Employee who is elected to a Committee of Management of a community 
organisation whose aims are consistent with or support the RBGV Mission, may, if the 
RBGV agrees, be granted leave of up to three (3) hours per month (or where special 
occasions arise, as agreed) with pay to fulfil their official functions during their term of 
office as Chairperson, President or Committee Member.  

61. MILITARY SERVICE SICK LEAVE  

Where the RBGV is satisfied that an illness of an Employee with at least six (6) months’ 
continuous paid service is directly attributable to, or is aggravated by, service 
recognised under the Veterans’ Entitlements Act 1986, including operational service, 
peacekeeping services; or hazardous service, the Employee will be credited with 
114 hours special leave with pay for each year of service with the RBGV from the 
conclusion of the Employee’s operational, peacekeeping or hazardous service. 

Leave under this clause will be cumulative to a maximum of 760 hours. This leave is in 
addition to personal leave provided under clause 52 (Personal Leave). 

The RBGV may require the Employee to provide evidence of the existence of the 
illness and its relationship to service specified in this clause from a registered 
practitioner. For the purpose of this clause the definition of “registered practitioner” will 
be the same as for clause 52.4 (Personal Leave). 

For each period of special leave taken, the Employee must satisfy the same evidentiary 
requirements as specified in clause 52.3 (Personal Leave). 

62. LEAVE TO ATTEND REHABILITATION PROGRAM 

(a) An Employee, other than a casual Employee, may be granted leave with or 
without pay to undertake an approved rehabilitation program where the 
RBGV is satisfied that: 

(i) the Employee’s work performance is adversely affected by the 
misuse of drugs or alcohol or problem gambling; 

(ii) the Employee is prepared to undertake a course of treatment 
designed for the rehabilitation of persons with alcohol, drug or 
gambling related problems; and 

(iii) in the case of an alcohol or drug addiction, a registered medical 
practitioner has certified that in their opinion the Employee is in 
need of assistance because of their misuse of alcohol or drugs and 
that the Employee is suitable for an approved rehabilitation 
program; or 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 77 

(iv) in the case of problem gambling the Employee satisfies the 
eligibility criteria for entry into an approved problem gambling 
rehabilitation program. 

(b) Approved rehabilitation programs are those listed in the service directory of 
the Victorian Government's Department of Human Services Better Health 
Channel, or equivalent Victorian Government Health advisory service, or as 
approved by the RBGV. 

(c) On production of proof of attendance at an approved rehabilitation program 
in accordance with clause 62(a), an Employee may be granted leave as 
follows: 

(i) An Employee who has completed two (2) years’ continuous or 
aggregate service and who has exhausted all other accrued leave 
entitlements may be granted leave with pay up to the maximum 
number of days specified below: 

Years of service First year of 
program 

Subsequent years 
of program 

2 years 20 days 15 days 

3 years 27 days 20 days 

4 years 33 days 25 days 

5 or more years 40 days 30 days 

(ii) An Employee who has completed less than two (2) years’ 
continuous or aggregate service may be granted leave without pay 
for the purposes of attending an approved rehabilitation program. 

63. LEAVE FOR BLOOD DONATIONS 

Leave may be granted to an Employee without loss of pay to visit the Red Cross Blood 
Bank as a donor once every three (3) months. The RBGV may require an Employee to 
produce written evidence of attendance at the Red Cross Blood Bank. 

64. ANNUAL SKIN CHECKS 

RBGV will provide outdoor workers the opportunity to undertake an annual skin check 
for those wishing to participate.  In most instances and unless circumstances dictate, 
these will be provided on site. 

65. INFECTIOUS DISEASES/DANGEROUS MEDICAL CONDITIONS  

Upon report by a registered medical practitioner that by reason of contact with a person 
suffering from an infectious disease and through the operation of restrictions imposed 
by law in respect of such disease, an Employee is unable to attend work, the RBGV 
shall grant the Employee special leave of absence with pay. The period of leave must 
not be for any period beyond the earliest date at which it would be practicable for the 
Employee to return to work having regard to the restrictions imposed by law.  

Where the RBGV reasonably believes that the Employee is in such state of health as to 
render the Employee a danger to other Employees, the RBGV may require the 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 78 

Employee to absent themselves from the workplace until the Employee obtains and 
provides to the RBGV a report from a registered medical practitioner. Upon receipt of 
the medical report, the RBGV may direct the Employee to be absent from duty for a 
specified period or, if already on leave, direct such Employee to continue on leave for a 
specified period. Any such absence of an Employee must be regarded as personal 
leave.  

66. LEAVE WITHOUT PAY 

The RBGV may grant an Employee leave of absence without pay for any period not 
exceeding 12 months.  An Employee must exhaust all other available leave types prior 
to being granted leave without pay.  

Leave without pay may be granted upon consideration of the operational requirements 
of the RBGV and is at the sole discretion of the RBGV. 

Except in special circumstances, leave without pay should not be granted in the first 
two (2) years of service. 

66.1 Leave Accrual 

Unless otherwise provided for in this Agreement, leave without pay shall not break the 
Employee’s continuity of employment, but leave without pay will not count as service for 
leave accrual or other purposes. 

67. FAMILY VIOLENCE SUPPORT 

67.1 General Principle 

(a) The RBGV 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 RBGV is committed to providing 
support to Employees who 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. 

67.2 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). 

67.3 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. 

67.4 General Measures 

(a) Evidence of family violence may be required and can be in the form an 
agreed document issued by the Police Service, a Court, a registered health 
practitioner, a Family Violence Support Service, district nurse, maternal 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 79 

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

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

(f) Where requested by an Employee, the People and Culture contact will 
liaise with the Employee’s manager on the Employee’s behalf, and will 
make a recommendation on the most appropriate form of support to 
provide in accordance with clause 67.5 and clause 67.6. 

(g) The RBGV 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 

67.5 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 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 RBGV may require evidence 
consistent with clause 67.4 (a) from an Employee seeking to utilise their 
personal/carer’s leave entitlement. 

67.6 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  RBGV  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; 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 80 

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

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

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

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

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

 

 

  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 81 

PART 7 – OCCUPATIONAL HEALTH & SAFETY AND RELATED MATTERS 

68. ACCIDENT MAKE-UP PAY 

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, the Employee will, except 
where otherwise provided in clause 68.1(c) be entitled to accident make-up pay 
equivalent to their normal salary less the amount of weekly compensation payments. 

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

68.1 Payment – Maximum Entitlement 

(a) RBGV will continue to provide accident make-up pay to the Employee for a 
period of 52 weeks, or an aggregate of 261 working days, or an aggregate of 
1,984 hours unless employment ceases. 

(b) An entitlement to accident make-up pay will cease at the end of a period of 
52 weeks, or an aggregate of 261 working days, or an aggregate of 
1,984 hours or when employment ceases or when the benefits payable 
under the Workplace Injury Rehabilitation and Compensation Act 2013 
cease. 

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

68.2 Leave During Accident Make-up Pay 

For the avoidance of doubt, an Employee may, with RBGVs consent, take annual 
leave, long service leave or substituted leave (in accordance with clauses 49 and 57) 
whilst receiving accident make up pay. 

69. OCCUPATIONAL HEALTH AND SAFETY (OHS) AND REHABILITATION 

69.1 Objectives 

(a) This Agreement acknowledges and supports the rights of Employees to 
work in an environment, which is, so far as is practicable, safe and without 
risks to health. RBGV and CPSU are committed to the promotion of a joint 
and united approach to consultation and resolution of Occupational Health 
and Safety issues. 

(b) The Agreement commits the parties to improving health and safety with a 
view to improving workplace efficiency and productivity. This will be 
accomplished through the ongoing development, in consultation with 
Employees and their health and safety representatives, of management 
systems and procedures designed to, so far as is practicable to: 

(i) identify, assess and control workplace hazards; 

(ii) reduce the incidence and cost of occupational injury and illness; 

(iii) identify and appropriately manage work and work practices which 
impact on OHS; 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 82 

(iv) provide a rehabilitation system for Employees affected by 
occupational injury or illness; and 

(v) consider the impact of changes to work practices and staffing on 
occupational health and safety. 

69.2 OHS Consultation 

(a) Consultative mechanisms will be established to address OHS issues. Such 
mechanisms will be: 

(i) in accordance with the Victorian Occupational Health and Safety 
Act 2004; 

(ii) established in consultation with Employees and their health and 
safety representatives; and 

(iii) consistent with the Employer’s agreed issue resolution procedures 
and the rights and functions of health and safety representatives, 
consistent with the Occupational Health and Safety Act 2004 (Vic). 

(b) Where an OHS committee is established at least half the members shall be 
Employees, including health and safety representatives. 

(c) The OHS committee must operate within the requirements of the 
Occupational Health and Safety Act 2004 (Vic). 

(d) A CPSU Workplace representative may attend local OH&S committee 
meetings (by giving notice) from time to time. 

69.3 OHS Training 

(a) Workplace training programs, including induction and on-the-job training will 
outline relevant details of OHS policies and procedures. 

(b) The contents of OHS training programs will outline the OHS roles and 
responsibilities of Employees, Managers and Supervisors, OHS policies 
and procedures, particular hazards associated with their workplaces, control 
measures applicable to each hazard, and how to utilise OHS systems to 
identify hazards and instigate preventative action. 

69.4 Designated Work Groups (DWGs) 

(a) CPSU and RBGV will review the Designated Work Groups (DWGs), and 
negotiate revised DWGs where appropriate through workplace 
Union/management consultative structures. 

(b) The parties at the central level will establish instructions for the conduct of 
the reviews of DWGs at the local level. 

(c) CPSU will be notified of vacancies for health and safety representatives in 
DWGs where the majority of DWG Employees are eligible to be members of 
a Union 

(d) Each elected health and safety representative will be provided with 
reasonable access to facilities such as email, telephone, fax, office and 
computer access, 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 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 83 

inspecting workplaces (as defined by their DWG), consulting with 
Employees in their DWGs, OHS representatives and other persons involved 
in the organising of Employees’ health, safety and welfare. 

(e) RBGV will post and maintain current in each workplace the names and 
relevant contact details, including email where available, of elected health 
and safety representatives for identified DWGs. Such circular shall be 
required to be posted on a notice board for the regular attention of all 
Employees working in the workplace. 

(f) To monitor the maintenance of effective OHS structures and training 
delivery the parties will jointly establish a central register or local registers of 
DWGs and their health and safety representatives. The register will be 
maintained by RBGV from information provided on a quarterly basis from 
each site/workplace. 

(g) Information from the updated register(s) will be provided periodically 
(quarterly) in electronic format to CPSU. The information provided will be in 
accordance with the Privacy and Data Protection Act 2014 (Vic). Where 
possible, this information will include: 

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

(ii) the name of each elected health and safety representative, their 
workplace contact details and email address; 

(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 contact 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. 

69.5 Bullying and Violence at Work 

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

69.6 Employee Support and Debriefing 

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

(b) A critical incident is defined as an event outside the range of usual human 
experience which has the potential to easily overcome a person's normal 
ability to cope with stress. It may produce a negative psychological 
response in an Employee who was involved in or witnessed such an 
incident. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 84 

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

(i) Aggravated assaults; 

(ii) Robbery; 

(iii) Suicide or attempted suicide; 

(iv) Murder; 

(v) Sudden or unexpected death; 

(vi) Hostage or siege situations; 

(vii) Discharge of firearms; 

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

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

(x) Industrial accidents involving serious injury or fatality; and 

(xi) Any other serious accidents or incidents. 

70. INDUSTRIAL RELATIONS/OCCUPATIONAL HEALTH AND SAFETY TRAINING 

70.1 In order to encourage co-operative workplace relations and facilitate the 
operation of this Agreement, an Employee who has been nominated by the 
CPSU and has been accepted by a training provider to attend a designated 
trade union training course may be granted up to five days leave on full pay in 
any one calendar year, so long as the granting of such leave does not unduly 
affect the operations of RBGV. 

70.2 The Employee may be granted the leave specified in clause 70.1 where 
RBGV is satisfied that the course of training is likely to contribute to a better 
understanding of industrial relations, occupational health and safety, safe 
work practices, knowledge of award and other industrial entitlements and the 
upgrading of Employee skills in all aspects of trade union functions. 

70.3 An Employee may be granted paid leave under this clause in excess of five 
days and up to ten days in any one calendar year subject to the total leave 
taken in that year and in the subsequent year not exceeding ten days. 

70.4 An Employee, upon election as a health and safety representative, shall be 
granted up to five days paid attendance, as soon as practicable after election, 
to undertake an appropriate introductory health and safety representative’s 
course from a training organisation of their choice that is approved by the 
Victorian WorkCover Authority, having regard to course places and the 
Employer's operations. RBGV shall meet any reasonable costs incurred.  
Paid attendance under this clause must only be granted to an Employee on 
one occasion and is additional to any other leave granted under this clause. 

70.5 Additional paid attendance at training may be approved for health and safety 
representatives to attend training courses approved by the Victorian 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 85 

WorkCover Authority under the Occupational Health and Safety Act 2004 
(Vic), which is relevant to the functions of the DWG. 

71. AGREEMENT COMPLIANCE AND UNION RELATED MATTERS 

71.1 Protection 

(a) An Employee shall not be dismissed or injured in their employment or have 
their employment altered to their prejudice, or be threatened with prejudicial 
or injurious treatment or with dismissal by reason of their status as an 
Accredited Representative of the CPSU, engagement in lawful activities as 
an authorised representative of the CPSU, or on the basis of their 
membership of the CPSU or participation in lawful Union activities, provided 
that where any such activities are undertaken during working hours, the 
Employee’s release has been approved. Approval will not be unreasonably 
withheld. 

(b) RBGV shall not injure a person in their employment, or alter the terms or 
conditions of employment of a person to their prejudice on the basis of their 
membership of or participation in the lawful activities of a Union, provided 
that where any such activities are undertaken during working hours, the 
Employee’s release has been approved. Approval will not be unreasonably 
withheld. 

71.2 Facilities 

(a) An Accredited Representative of the CPSU shall be released by RBGV from 
normal duties for such periods of time as may be reasonably necessary to 
enable them to carry out their representative functions including, but not 
limited to, investigating any alleged breach of this Agreement, endeavouring 
to resolve any dispute arising out of the operation of this Agreement, 
participating in any bargaining, conciliation or arbitration process conducted 
under the provisions of the Fair Work Act 2009. Such release must not 
unduly affect the operations of RBGV. 

(b) Members of the CPSU shall be permitted by the RBGV to post written 
material authorised by the CPSU in a place within the workplace to which 
members of the CPSU have convenient access, and to distribute such 
written material by appropriate means to CPSU members. 

(c) Employees will be allowed reasonable access to electronic communication 
devices to facilitate communication between Employees and/or the CPSU, 
provided that such communication is not offensive or improper. 

71.3 Employee Representation on CPSU SPSF Victorian Branch Council 

(a) Employees who are CPSU SPSF Victorian Branch Council members 
nominated by the Branch Secretary of the CPSU will be entitled to a half 
day per month to attend Branch Council meetings. Time release will include 
reasonable time to travel to the meetings. 

(b) Additional paid leave will be granted to employees who are CPSU SPSF 
Victorian Branch Council members nominated by the Branch Secretary to 
attend: 

(i) Federal Executive and Federal Council meetings of the CPSU; and 

(ii) the Australian Council of Trade Unions’ triennial conference. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 86 

(c) On application, the RBGV shall grant leave without pay to an Employee for 
the purposes of secondment to work for a Union. 

72. RIGHT OF ENTRY 

72.1 For the purposes of ensuring compliance with this Agreement and the Fair 
Work Act 2009, an official of the CPSU who has been issued with an entry 
permit by the FWC pursuant to section 512 of the Fair Work Act 2009will be 
permitted access to the workplace provided that they comply with the 
provisions set out in Part 3-4 of the Fair Work Act 2009. 

72.2 A permit holder may only enter the workplace for the purposes permitted by 
and in compliance with the provisions of Part 3-4 of the Fair Work Act 2009. 

Subject to clauses 72.1 and 72.2 a permit holder may enter the premises and shall 
adhere to the principles that they must not intentionally hinder or obstruct any person, 
or otherwise act in an improper manner. 

 

 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 87 

SIGNATORIES TO THE AGREEMENT  

SIGNED FOR AND ON BEHALF OF THE IN THE PRESENCE OF:  
ROYAL BOTANIC GARDENS BOARD 

 
(Signature)     (Witness Signature) 
 
Tim Entwisle     Joanne Frankel 
(Name)      (Name) 
 
Director and Chief Executive   Head of People and Culture 
Royal Botanic Gardens Victoria   Royal Botanic Gardens Victoria 
(Title)      (Title) 
 
Private Bag 2000, South Yarra 3141  
(Address) 

 
Director and Chief Executive  
(Explanation of authority to sign this Agreement)  

 
2 March 2022 
(Date) 
 
 
 
 
SIGNED FOR AND ON BEHALF OF  IN THE PRESENCE OF:  
MEMBERS OF THE COMMUNITY AND  
PUBLIC SECTOR UNION 

 
(Signature)     (Witness Signature) 
 
Wayne Townsend    Marian McKeown 
(Name)      (Name) 

 
Branch Assistant Secretary    Industrial Organiser 
(Title)      (Title) 
PO Box 24233, Melbourne Vic 3001  
(Address) 

Union officer 
(Explanation of authority to sign this Agreement)  

2 March 2022 
(Date) 


So

WC Townsend

12

Manuel




 



 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 88 

Appendix 1.  Classification structure and rates of pay  
Salaries payable from 1 December 2021  

1-Dec-21 1-Dec-22 1-Dec-23 1-Dec-24 

Salary Range Progression 
Step 

Progression 
level 

Salary Range Progression 
Step 

Progression 
level 

Salary Range Progression 
Step 

Progression 
level 

Salary Range Progression 
Step 

Progression 
level Min Max Min Max Min Max Min Max 

46,698 53,605 1.1.1 46,698 47,632 54,677 1.1.1 47,632 48,584 55,771 1.1.1 48,584 49,556 56,886 1.1.1 49,556 
    1.1.2 49,000     1.1.2 49,980     1.1.2 50,979     1.1.2 51,999 
    1.1.3 51,303     1.1.3 52,329     1.1.3 53,376     1.1.3 54,443 
    1.1.4 53,605     1.1.4 54,677     1.1.4 55,771     1.1.4 56,886 

55,335 63,198 2.1.1 55,335 56,442 64,462 2.1.1 56,442 57,571 65,751 2.1.1 57,571 58,722 67,066 2.1.1 58,722 
    2.1.2 56,458     2.1.2 57,587     2.1.2 58,739     2.1.2 59,914 
    2.1.3 57,581     2.1.3 58,733     2.1.3 59,907     2.1.3 61,105 
    2.1.4 58,705     2.1.4 59,879     2.1.4 61,077     2.1.4 62,298 
    2.1.5 59,828     2.1.5 61,025     2.1.5 62,245     2.1.5 63,490 
    2.1.6 60,952     2.1.6 62,171     2.1.6 63,415     2.1.6 64,683 
    2.1.7 62,075     2.1.7 63,317     2.1.7 64,583     2.1.7 65,875 
    2.1.8 63,198     2.1.8 64,462     2.1.8 65,751     2.1.8 67,066 

64,324 71,061 2.2.1 64,324 65,611 72,483 2.2.1 65,611 66,923 73,932 2.2.1 66,923 68,261 75,411 2.2.1 68,261 
    2.2.2 65,446     2.2.2 66,755     2.2.2 68,090     2.2.2 69,452 
    2.2.3 66,569     2.2.3 67,901     2.2.3 69,259     2.2.3 70,644 
    2.2.4 67,692     2.2.4 69,046     2.2.4 70,427     2.2.4 71,836 
    2.2.5 68,815     2.2.5 70,192     2.2.5 71,595     2.2.5 73,027 
    2.2.6 69,938     2.2.6 71,337     2.2.6 72,764     2.2.6 74,219 
    2.2.7 71,061     2.2.7 72,483     2.2.7 73,932     2.2.7 75,411 

72,617 80,395 3.1.1 72,617 74,069 82,003 3.1.1 74,069 75,551 83,643 3.1.1 75,551 77,062 85,316 3.1.1 77,062 
    3.1.2 74,172     3.1.2 75,656     3.1.2 77,169     3.1.2 78,712 
    3.1.3 75,728     3.1.3 77,242     3.1.3 78,787     3.1.3 80,363 
    3.1.4 77,283     3.1.4 78,829     3.1.4 80,406     3.1.4 82,014 
    3.1.5 78,839     3.1.5 80,416     3.1.5 82,024     3.1.5 83,664 
    3.1.6 80,395     3.1.6 82,003     3.1.6 83,643     3.1.6 85,316 

81,950 88,170 3.2.1 81,950 83,589 89,933 3.2.1 83,589 85,261 91,732 3.2.1 85,261 86,966 93,567 3.2.1 86,966 
    3.2.2 83,504     3.2.2 85,174     3.2.2 86,878     3.2.2 88,615 
    3.2.3 85,060     3.2.3 86,761     3.2.3 88,496     3.2.3 90,266 
    3.2.4 86,615     3.2.4 88,348     3.2.4 90,115     3.2.4 91,917 
    3.2.5 88,170     3.2.5 89,933     3.2.5 91,732     3.2.5 93,567 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 89 

1-Dec-21 1-Dec-22 1-Dec-23 1-Dec-24 

Salary Range Progression 
Step 

Progression 
level 

Salary Range Progression 
Step 

Progression 
level 

Salary Range Progression 
Step 

Progression 
level 

Salary Range Progression 
Step 

Progression 
level Min Max Min Max Min Max Min Max 

89,897 102,000 4.1.1 89,897 91,695 104,040 4.1.1 91,695 93,529 106,121 4.1.1 93,529 95,399 108,243 4.1.1 95,399 
    4.1.2 91,914     4.1.2 93,753     4.1.2 95,628     4.1.2 97,540 
    4.1.3 93,932     4.1.3 95,810     4.1.3 97,727     4.1.3 99,681 
    4.1.4 95,948     4.1.4 97,867     4.1.4 99,825     4.1.4 101,821 
    4.1.5 97,965     4.1.5 99,924     4.1.5 101,923     4.1.5 103,961 
    4.1.6 99,983     4.1.6 101,983     4.1.6 104,023     4.1.6 106,103 
    4.1.7 102,000     4.1.7 104,040     4.1.7 106,121     4.1.7 108,243 

103,724 114,610 5.1.1 103,724 105,798 116,902 5.1.1 105,798 107,914 119,241 5.1.1 107,914 110,073 121,625 5.1.1 110,073 
    5.1.2 105,280     5.1.2 107,386     5.1.2 109,534     5.1.2 111,724 
    5.1.3 106,835     5.1.3 108,971     5.1.3 111,151     5.1.3 113,374 
    5.1.4 108,390     5.1.4 110,558     5.1.4 112,769     5.1.4 115,025 
    5.1.5 109,946     5.1.5 112,145     5.1.5 114,388     5.1.5 116,675 
    5.1.6 111,500     5.1.6 113,730     5.1.6 116,005     5.1.6 118,325 
    5.1.7 113,056     5.1.7 115,317     5.1.7 117,623     5.1.7 119,976 
    5.1.8 114,610     5.1.8 116,902     5.1.8 119,241     5.1.8 121,625 

114,611 125,499 5.2.1 114,611 116,904 128,009 5.2.1 116,904 119,242 130,569 5.2.1 119,242 121,626 133,180 5.2.1 121,626 
    5.2.2 116,168     5.2.2 118,491     5.2.2 120,861     5.2.2 123,278 
    5.2.3 117,723     5.2.3 120,078     5.2.3 122,479     5.2.3 124,929 
    5.2.4 119,279     5.2.4 121,664     5.2.4 124,098     5.2.4 126,580 
    5.2.5 120,833     5.2.5 123,250     5.2.5 125,715     5.2.5 128,229 
    5.2.6 122,388     5.2.6 124,836     5.2.6 127,332     5.2.6 129,879 
    5.2.7 123,943     5.2.7 126,422     5.2.7 128,951     5.2.7 131,530 
    5.2.8 125,499     5.2.8 128,009     5.2.8 130,569     5.2.8 133,180 

127,229 148,743 6.1.1 127,229 129,773 151,717 6.1.1 129,773 132,369 154,752 6.1.1 132,369 135,016 157,847 6.1.1 135,016 
    6.1.2 130,302     6.1.2 132,908     6.1.2 135,566     6.1.2 138,277 
    6.1.3 133,376     6.1.3 136,044     6.1.3 138,765     6.1.3 141,540 
    6.1.4 136,449     6.1.4 139,178     6.1.4 141,962     6.1.4 144,801 
    6.1.5 139,523     6.1.5 142,313     6.1.5 145,159     6.1.5 148,063 
    6.1.6 142,596     6.1.6 145,448     6.1.6 148,357     6.1.6 151,324 
    6.1.7 145,670     6.1.7 148,584     6.1.7 151,555     6.1.7 154,586 
    6.1.8 148,743     6.1.8 151,717     6.1.8 154,752     6.1.8 157,847 

148,760 170,258 6.2.1 148,760 151,735 173,664 6.2.1 151,735 154,770 154,770 6.2.1 154,770 157,865 180,680 6.2.1 157,865 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 90 

1-Dec-21 1-Dec-22 1-Dec-23 1-Dec-24 

Salary Range Progression 
Step 

Progression 
level 

Salary Range Progression 
Step 

Progression 
level 

Salary Range Progression 
Step 

Progression 
level 

Salary Range Progression 
Step 

Progression 
level Min Max Min Max Min Max Min Max 

    6.2.2 151,832     6.2.2 154,869     6.2.2 157,966     6.2.2 161,125 
    6.2.3 154,903     6.2.3 158,001     6.2.3 161,161     6.2.3 164,385 
    6.2.4 157,974     6.2.4 161,133     6.2.4 164,356     6.2.4 167,643 
    6.2.5 161,045     6.2.5 164,266     6.2.5 167,551     6.2.5 170,902 
    6.2.6 164,116     6.2.6 167,398     6.2.6 170,746     6.2.6 174,161 
    6.2.7 167,187     6.2.7 170,531     6.2.7 173,942     6.2.7 177,420 
    6.2.8 170,258     6.2.8 173,664     6.2.8 177,137     6.2.8 180,680 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 91 

APPENDIX 2. WORK LEVEL DESCRIPTORS 
Grade 1 

Grade Profile 

Positions at this level are typically entry level administrative or support roles that undertake duties and/or 
physical tasks according to specifications, defined guidelines or detailed instruction. Trainee positions or those 
with basic vocational skills would be classified at this level. 

Expertise 

▪ Positions require basic levels of reading and writing and the ability to understand and apply operational 
work practices 

▪ Positions require knowledge of relevant equipment, some of which may be specific to the role and/or the 
RBGV 

▪ Positions perform single tasks or a number of similar repetitive tasks 
▪ Positions liaise with visitors of all ages and backgrounds, providing factual information to visitors and 

colleagues  
▪ Positions must understand and act upon instructions  
▪ The ability to develop new skills on the job and through training sessions is necessary for completion of the 

duties 

Judgement 

▪ Positions perform duties covered by established procedures and may be under direct supervision of others 
or regularly supervised 

▪ Tasks may be non-repetitive. However, in such cases, requirements are clearly dictated by workflow 
▪ Where decisions are required, the solutions are fully defined by procedures or the decisions be referred to 

the individual’s supervisor 
▪ Contributes to identification and resolution of local risks 

Accountability 

▪ Once trained, positions must be able to use RBGV equipment  
▪ Positions are accountable to their supervisor for completion of specified duties. Work is subject to close 

review and conducted within established guidelines  
▪ Positions provide a highly routine service. All decisions regarding service delivery are referred to the 

positions’ supervisor 
▪ Develops team-based or branch-based work relationships 

Typical duties may include the following examples: 

▪ Undertakes specified tasks within established guidelines or with close supervision 
▪ Provides a service to visitors or colleagues, seeking help if requests are outside established procedures 
▪ If externally focussed provides customer service to RBGV visitors 
▪ If internally focused, provides administrative support  

Characteristics of positions in the next grade: 

Positions classified at the next grade (2.1): 
▪ Require vocational training, accreditation through short courses or extensive experience in the role 
▪ Resolve minor problems 
▪ work with little supervision within defined guidelines 
▪ provide a necessary service to the RBGV and positions would be required to add value to the service 

through improvements in the way in which the service is delivered 
▪ Positions at this level are typically administrative, customer service, or technical roles with some 

experience. 
▪ Work is regularly supervised, or the roles undertake tasks according to specification, guidelines or 

instruction. 








 

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Grade 2.1 
Grade Profile 

Positions at this level are typically administrative, customer service, or technical roles with some experience. 
Work is regularly supervised, or the roles undertake tasks according to specification, guidelines or instruction. 

Expertise 

▪ Positions require the skill to understand and apply technical and operational work procedures. This skill 
level is typically gained through secondary school education, on-the job training and short courses resulting 
in formal accreditation. Vocational training in technical, trade, commercial or secretarial skills resulting in 
certification may also be required 

▪ At this level, a broad knowledge of RBGV regulations is required 
▪ An understanding of equipment, products, established procedures or quality standards may be required. 

For example, experience with computer software or other systems 
▪ Positions complete a number of similar tasks or a range of related tasks with a common, specified objective 
▪ Positions require customer service skills and basic communication skills to handle face-to-face visitor 

enquiries and respond to regulation breaches or resolve minor problems 
▪ Positions may liaise with visitors of all ages and backgrounds in order to provide information. Positions may 

be required to gain cooperation from visitors to follow the RBGV regulations 
▪ Positions may require a user level understanding of a range of organisation specific databases 

Judgement 

▪ Positions perform duties in line with established procedures. Work is generally supervised. Where work is 
not closely supervised, it is performed in accordance with established procedures and as a result of 
structured training 

▪ Problems and irregularities are recurring and resolved through established procedures. However, 
occasionally, guidelines may not cover the situation faced, in which case the position must be able to 
determine when issues require escalation 

▪ Conflict resolution may be required for difficult enquiries 
▪ Contributes to the identification and management of local risks 

Accountability 

▪ Positions provide a necessary service to the organisation, typically the provision of information or technical 
assistance 

▪ Minor changes to work sequences may be made in order to meet the client’s needs although the 
opportunity to make changes is limited 

▪ Positions are required to add value to the service through further explanation or contributing suggestions to 
improve the service 

▪ Positions will be responsible for achieving agreed standards of customer service 
▪ Positions will be required to operate to the specific requirements of their supervisor 
▪ Generally develops team-based or branch-based work relationships, occasionally more broadly within the 

local work area 

Typical duties may include the following examples: 

▪ Provides high quality customer service to RBGV visitors, responding to their information requests  
▪ Enforces regulations and undertake patrol duties 
▪ Acts as a point of contact for resolving routine queries or issues 
▪ Provides an experienced administrative, customer service or technical role 
▪ Assists with bookings for public programs or meeting coordination  
▪ Co-ordinates purchasing, control and distribution of equipment 
▪ Operates equipment and machinery relevant to the position’s duties 
▪ Prepares specimens as requested  

 

 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 93 

Characteristics of positions in the next grade: 

Positions classified at the next level (2.2): 
▪ Require a Diploma, advanced certificate or vocational training 
▪ Regularly gain cooperation from others 
▪ determine the appropriate course of action within well-defined procedures 
▪ influence how the service is provided and modify the service to ensure client’s needs are met 

Positions at this level may be technical roles that undertake a range of integrated tasks based on guidelines or 
general direction. Positions at this level operate with minimal supervision. Positions typically work as part of a 
small team. 

 
  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 94 

Grade 2.2  
Grade Profile 

Positions at this level may be administrative, clerical or technical roles that undertake a range of integrated tasks 
based on guidelines or general direction. Positions at this level operate with minimal supervision. Positions 
typically work as part of a small team, and may supervise other staff or volunteers. 

Expertise 

▪ Positions at this level require the capability to apply advanced administrative, clerical or technical work skills 
and knowledge, gained through an advanced Certificate, Diploma, vocational training or extensive work 
experience  

▪ A thorough understanding regarding their area of work and relevant regulations and requirements is 
required 

▪ Positions require the ability to understand specific client needs or technical requirements 
▪ Positions may work as part of a team, supervising others in duty completion, but these roles are still hands-

on and supervision is not the main focus of the role. Positions work together with other team members to 
fulfil work requirements 

▪ Positions perform a group of integrated tasks within a function, often applied to a sequence of events. 
Typically there is a common theme to the work 

▪ Positions require appropriate interpersonal skills in order to communicate effectively with colleagues across 
the organisation, visitors, government and external agencies.  

▪ Positions may be required to influence peers in order to gain cooperation to achieve defined requirements 
and objectives  

Judgement 

▪ Problems are resolved by applying well-defined techniques, processes. For complex problems, the position 
determines the appropriate person to which the issue should be referred. 

▪ Positions work under general direction, rather than specific guidelines and manuals and are required to 
determine their own work program within established priorities 

▪ Positions discriminate between procedures to determine the appropriate course of action, tailoring actions 
to meet the audience’s needs  

▪ Responsible for impacts of own actions, contributes to identification and management of local and whole-of-
site risks 

Accountability 

▪ Positions are accountable for, and have some independence in delivering a service and responding to 
clients’ needs 

▪ There is a degree of discretion in how the service is provided within guidelines and incumbents are 
expected to suggest improvements to the way the service is provided 

▪ Positions must balance their own day to day priorities and may need to modify processes to deliver the 
service as required. However, there is clear definition of the required outcome 

▪ Positions may be the technical expert for the service they are responsible for providing 
▪ Generally develops team-based or branch-based work relationships, also develops work relationships 

across local area according to need. 
  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 95 

Typical duties may include the following examples: 

▪ Prepares correspondence on a range of matters 
▪ Operates relevant software and databases 
▪ Provides information to others regarding their area of expertise 
▪ Takes responsibility for development of an asset, such as a living plant collection 
▪ Assists with the planning and implementation of operational plans 
▪ Undertakes investigations, modifies processes, diagnoses problems and initiates rectification 

Characteristics of positions in the next grade: 

Positions classified at the next level (Grade 3.1): 
▪ Require extensive experience or tertiary qualification to complete their duties 
▪ discriminate between various courses of action and need to understand client needs and adapt processes 

to meet these requirements 
▪ provide advice based on their expertise and are highly influential or fully accountable for the service they 

provide 
▪ supervise, monitor work performance and allocate work to their staff 

Positions at this level are usually graduates with up to two years of experience, or experienced technical experts 
that provide recommendations to others regarding their area of expertise.  
Positions make decisions with limited need to seek additional guidance. 
Supervisors monitor the quality of work performed by their staff. They may also be called upon to resolve more 
complex operational problems without reference to higher levels. 

 
  








 

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Grade 3.1  
Grade Profile 

Positions at this level are usually graduates with up to two years of experience, or experienced technical experts 
that provide recommendations to others regarding their area of expertise.  
Positions make decisions with limited need to seek additional guidance.  
Supervisors monitor the quality of work performed by their staff. They may also be called upon to resolve more 
complex operational problems without reference to higher levels. 

Expertise 

▪ Positions require advanced technical knowledge or well-developed general scientific skills regarding their 
function gained through a Diploma or equivalent and extensive experience, or higher tertiary qualifications 
and only limited work experience  

▪ Many roles at this level will have supervisory responsibilities and require well-developed skills to motivate 
and encourage the performance of team members 

▪ For supervisory roles at this level, the emphasis is on routinely allocating work, monitoring work 
performance, and staff development  

▪ Positions perform integrated tasks applied to a sequence of events and with a common theme  
▪ Positions may also perform a diverse range of unrelated tasks 
▪ Positions require the ability to gain cooperation and assistance to achieve their set objectives and must 

influence others to achieve objectives or reach agreement on schedules or plans 
▪ Positions must be able to liaise with the professional community, consultants and the public; their advice 

and expertise being sought and recognised externally 

Judgement 

▪ Positions apply a range of varied techniques, methods or processes to complete their work. Positions must 
be able to discriminate between courses of action within precedent and guidelines by assessing each 
situation 

▪ Positions may be expected to understand changing client requirements to determine the best course of 
action, as they will be responsible for making critical decisions 

▪ Some adaptation to processes and techniques that affect the way work is performed is required. Positions 
may be required to develop more efficient work practices 

▪ These roles require the application of professional standards, education and training 
▪ Manages responsibility for risks at a team level; some risks have whole-of-site potential impacts 

Accountability 

▪ Positions either deliver a necessary or critical service for the organisation or provide relevant advice to the 
organisation or public, with little direction on a day to day basis 

▪ If providing a service, positions are accountable for defining or redefining the service within regulatory 
guidelines and guaranteeing the quality of that service. Such positions may even define the standard of the 
service that is provided or provide authoritative information that is considered definitive. They are either 
highly influential in how the service is provided or are fully and individually accountable for the delivery of 
that service 

▪ If providing advice, positions do so on specific issues and subjects for which they are formally trained. This 
advice may be subject to professional supervision or the position may be one of several sources of advice 

▪ Positions may be accountable for operating budget for their area 
▪ Builds work relationships with other teams locally; contributes to local decision-making and priority setting 

Typical duties may include the following examples: 

▪ Undertakes investigations, modifies processes, diagnoses problems and initiates rectifications 
▪ Recruits, trains, supervises and coaches a team  
▪ Provides information and recommendations based on technical knowledge 
▪ Co-ordinates and allocates resources for a team or project, independently monitoring their own projects 
▪ Participates in various committees, teams and working groups 
▪ Develops and implements innovative programs 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 97 

▪ Provides technical support and training 

Characteristics of positions in the next grade: 

Positions classified at the next level (Grade 3.2): 
▪ understand, analyse and interpret business plans, policies and procedures, organisational directions and/or 

a professional body of knowledge 
▪ adapt processes to meet client needs and are often concerned with developing more efficient work 

practices  
▪ are individually accountable for providing expert advice to others, even though the advice may form only 

one input to decision making processes 
Positions at this level are typically providing sound advice and recommendations within their specific area of 
expertise, both internally and externally to a regional level. They would make recommendations regarding 
process improvement. Positions would have accountability for the service provided, and/or the advice given. 

 

  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 98 

Grade 3.2  
Grade Profile 

Positions at this level are typically providing sound advice and recommendations within their specific area of 
expertise. They would make recommendations regarding process improvement. Positions would have 
accountability for the service provided, and/or the advice given. 

Expertise 

▪ Positions require proficiency in applying established administrative, clerical, scientific or technical 
disciplines gained through tertiary qualifications and several years’ experience in the field or equivalent 
expertise from substantial experience within the RBGV or a similar environment 

▪ Extensive subject matter expertise is required 
▪ Positions are required to gain cooperation and assistance to achieve set objectives. Some roles may more 

actively influence others to achieve agreement where there are conflicting objectives. 
▪ Will be recognised widely in region or industry for their professional advice and expertise 

Judgement 

▪ Positions regularly adapt techniques or process that affect the way work is performed.  
▪ Positions routinely supervise staff, monitor and develop performance of large teams requiring complex 

coordination 
▪ Positions determine ways to improve efficiency. There may be a requirement to modify established 

operating methods and standards as well as processes 
▪ Scientific roles may be required to develop research projects, constrained by the professional body of 

knowledge, rather than organisational guidelines 
▪ Positions are challenged by changing client requirements and are required to develop more efficient work 

practices. They may also be required to solve problems within existing organisational or professional 
knowledge. The types of issues may recur 

▪ Manages responsibility for risks at a team level; some risks have serious whole-of-site potential impact 

Accountability 

▪ Positions provide sound advice based on their professional expertise for which they are fully accountable. 
The advice influences the decisions made by others in the development and delivery of programs. The 
advice is provided within policy guidelines and is monitored by the position’s supervisor 

▪ Advice is typically provided directly to the “end-user”  
▪ More difficult decisions are referred to supervisor 
▪ Routinely builds work relationships with other teams across the organisation; contributes significantly to 

local decision-making 

Typical duties may include the following examples: 

▪ Provides advice and recommendations based on professional expertise 
▪ Adapts and modifies processes and systems to improve efficiencies 
▪ Resolves issues after consideration of alternatives 
▪ Independently sets a direction that is within specified parameters 

For roles in the Scientific Job Family: 

▪ Positions at this level are developing independent scientific professional judgement and skill within a 
specific, but limited area of expertise  

▪ Conduct directed research in collaboration and under a framework of established science methodology and 
process  

▪ May control a laboratory function or field operation where a variety of related scientific functions are 
performed 

▪ Positions may coordinate projects, be accountable for project budgets and deliverables and manage project 
staff on a day-to-day basis  

▪ Positions at this level typically require an Honours or Masters in Science (or equivalent) or several years’ 
technical experience 

 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 99 

Characteristics of positions in the next grade: 

Positions classified at the next level (Grade 4): 
▪ Require extensive experience in a specialised discipline or managerial expertise 
▪ manage a diverse set of integrated tasks comprising most of or a complete activity 
▪ regularly adapt policies and processes 
▪ recommend a course of action based on their decision making 
▪ are the recognised reference point at a State level for the advice they provide 

Some positions actively develop and deliver research projects. They may have specialised skills within their 
discipline. 
Professional and operational roles are involved in the development and review of policies and guidelines.  
Positions may manage a Branch or a team of professionals. 
These roles would be a recognised reference point for others.  
Issues can generally be resolved within existing organisational knowledge or professional guidelines. 

 
  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 100 

Grade 4 
Grade Profile 

Some positions actively develop and deliver research projects. They may have specialised skills within their 
discipline. Professional and operational roles are involved in the development and review of policies and 
guidelines. Positions may manage a Branch or a team of professionals. These roles would be a recognised 
reference point for others. Issues can generally be resolved within existing organisational knowledge or 
professional guidelines. 

Expertise 

▪ Positions require proficiency in applying established administrative, clerical, technical or scientific 
disciplines gained through tertiary qualifications or equivalent and many years experience  

▪ Positions lead a professional delivery area, and could be manager of smaller branch, or a project, making 
sound recommendations to others on specific issues and subjects 

▪ Positions may also require well developed skills in a specialised discipline, the ability to manage a diverse 
set of activities or advanced research skills gained through many years field experience and/or post 
graduate qualifications 

▪ Expertise is often applied to a diverse set of variables including diverse stakeholders and clients, diverse 
topics or a wide set of disciplines. Positions manage the integration of tasks within a function or functions 
within a Branch  

▪ Positions require well developed interpersonal skills to actively influence and convince others to achieve 
specific requirements, rather than just asking for co-operation. Liaison will be across all levels of the RBGV 
and include external suppliers, contractors and consultants 

▪ Positions are generally recognised at a State level for their expertise and advice, and may work on national 
collaborative projects 

Judgement 

▪ Positions regularly adapt systems, methods or operational plans that affect the way work is performed by 
others and may impact outside the immediate work area. The modifications may relate only to specific 
plans or affect many parts of the organisation. Recommendations for, and documentation, of policies and 
procedures may be required 

▪ Problem resolution is a regular part of position’s role and is structured by management systems, scientific 
standards or budget constraints. Typically decision making is guided by existing professional or 
organisational knowledge 

▪ Positions must recommend courses of action based on their analysis of the situation 
▪ Routinely manages responsibility for risks which have impact at a whole-of-site level 

Accountability 

▪ Positions are the recognised reference point within the organisation for their area of expertise 
▪ The advice provided is based on professional expertise and influences decisions made by others in the 

development and delivery of programs 
▪ Advice is provided within policy guidelines and is monitored by position’s manager, although the manager’s 

focus may be on management rather than technical issues 
▪ Positions may be responsible for managing a budget 
▪ Positions generally develop internal (RBGV) relationships and influence local decision-making 

Typical duties may include the following examples: 

▪ Investigates, develops, recommends and implements process or policy improvements 
▪ Reviews and documents policies and procedures 
▪ Provides detailed and accurate information and professional advice regarding the position’s area of 

expertise, within policy guidelines 
▪ Designs and undertakes research projects 
▪ Formulates accurate budget information 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 101 

For roles in the Scientific Job Family: 

▪ Positions at this level would typically be scientists researching “single issue” projects with a defined focus 
and using established scientific methodology and process to generate solutions to sometimes complex 
problems. 

▪ May manage a laboratory, project team, or field operatives 
▪ Funds generated at this level would usually fund work for an individual researcher (i.e. positions may be 

self-funding) 
▪ Supervises Honours/Masters students, may co-supervise PhD students, and provides coaching and 

mentoring to junior colleagues and students in developing skills in experiments, planning and ethical 
standards 

▪ Establishing a record of publication, including ISI (Institute for Scientific Information) peer-reviewed journal 
articles, conference papers and reports 

▪ Positions are generally recognised at State level for their expertise and advice, and may work on national 
collaborative projects  

▪ The research conducted by roles at this level requires either a PhD in a Science discipline with 1-2 years’ 
post-doctoral experience or an MSc with significant post-graduate experience 

Characteristics of positions in the next grade: 

Positions classified at the next level (Grade 5.1): 
▪ Require advanced managerial capability or highly specialised expertise in a professional discipline  
▪ are required to influence others where there are conflicting objectives 
▪ manage expenditure and have accountability for significant budgets 
▪ resolve frequent and complex problems with typically little source of guidance or reference 
▪ provide expert advice on issues, analyse available data, provide strategic recommendations and options 

based on situation analysis  
▪ are recognised nationally for their expertise and advice 

Positions at this level are generally managers of branches requiring well developed skills in a specialised 
discipline, or advanced research roles requiring many years of experience in the field and in most cases post-
graduate qualifications. 
Operational problem-solving is a common feature of the role, involving detailed analysis, and assessment of 
alternatives and their ramifications. 

 
  








 

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Grade 5.1  
Grade Profile 

Positions at this level are generally managers of branches of significant resources or assets and complexity 
requiring well developed skills in a specialised discipline, or advanced research roles requiring many years of 
experience in the field and in most cases post-graduate qualifications. 
Operational problem-solving is a common feature of the role, involving detailed analysis, and assessment of 
alternatives and their ramifications. 

Expertise 

▪ Positions require well developed skills in a specialised discipline. Additionally, roles may require highly 
specialised skills or advanced managerial capability to understand the entire organisation and how to meet 
challenges, explain and contribute to setting the direction of the organisation and formulate policies and 
practices that affect the organisation 

▪ Roles at this level have a depth of expertise; they are considered to operate within the national context at 
an ‘expert’ level. Managers of technically complex branches would be classified at this level 

▪ Positions may manage a Branch within RBGV  
▪ Positions require the ability to work closely with senior management, other branch managers and 

subordinate staff and must influence and convince others to achieve desired and often conflicting objectives 

Judgement 

▪ Positions develop organisation wide policies, manage specialised projects or significant research projects 
that impact across the organisation. Alternatively, positions may develop and manage operational plans and 
budgets 

▪ The environment in which the positions operate may be complex and rapidly changing 
▪ Positions are frequently involved in problem resolution, where they must determine the appropriate course 

of action, little guidance is available to assist in the decision making process 
▪ Problems solved are complex, and their resolution may break new ground for the organisation; their advice 

may be sought on issues of national impact 
▪ Manages responsibility for risks which may have impact at an organisation-wide level 
▪ Develops and carries out research of national importance; is recognised nationally for specific scientific 

expertise  

Accountability 

▪ Positions provide expert advice to others, although the organisation may have ready access to alternative 
sources of advice or there may be an established body of knowledge on the topic 

▪ Positions are either the recognised reference point on specific issues or provide strategic advice over 
organisation wide issues, including major programs. The advice often relates to organisation effectiveness 

▪ Positions are responsible for the overall management of a Branch within the RBGV or the maintenance / 
preservation of significant physical assets in the custody of the RBGV or are accountable for projects with 
significant contractor budgets 

▪ Alternatively, positions may be advanced scientific roles managing significant research projects 
▪ Positions generally develop and influence both internal and external relationships, and influence external 

decision-making 

Typical duties may include the following examples: 

▪ Plans, organises and directs a Branch 
▪ Manages significant projects, including projects with multiple external contractors 
▪ Develops and carries out scientific research of national importance; is recognised nationally for specific 

scientific expertise 
▪ Identifies and manages actual and perceived risks 

 

  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 103 

For roles in the Scientific Job Family: 

▪ Positions at this level would typically be scientists conducting original research on a number of “multiple 
issue” projects, which require a breadth of thinking and may influence or develop new science methodology 

▪ Able to put their research in a broader scientific context and understand the interdependencies and how 
their area of science contributes to other disciplines and vice versa 

▪ Success over several years at generating external funding that supports additional research/technical staff 
and students and may involve multi-agency collaboration 

▪ Supervises Honours/Masters students or primary supervisor for PhD students, and provides coaching and 
mentoring to junior colleagues and students in developing skills in experiments, planning and ethical 
standards 

▪ Positions are generally recognised at a national level for their expertise and advice, and may work on 
international collaborative projects 

▪ Established a record of publication/presentations/reports in prestigious national and international ISI 
journals, and at conferences, and may be invited to present at national or international 
symposia/conferences 

▪ The research conducted by roles at this level typically requires a PhD in a Science discipline with 4 – 10 
years post-doctoral experience 

Characteristics of positions in the next grade: 

Positions classified at the next level (Grade 5.2): 
▪ Require significant managerial capability and contribute to the development of organisation plans  
▪ Are the prime source of expert advice on significant scientific issues of international significance 

Manages areas with multi faceted professional and technical employees, technically complex branches, or very 
senior research professionals managing significant research projects. An understanding of broader 
organisational issues is important to be able to effectively perform the role at this level 
Positions are often recognised internationally for their expertise and advice 

 
  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 104 

Grade 5.2 
Grade Profile 

Positions at this level are leading areas with multi-faceted professional and technical employees, or very senior 
research professionals managing significant research projects. An understanding of broader organisational 
issues is important to be able to effectively perform the role at this level. 

Expertise 

▪ Positions require highly specialised commercial, professional, scientific or administrative expertise and 
advanced managerial capability in order to perform a leadership role in the organisation and be responsible 
for achievement of results within a division of the RBGV. Positions require significant managerial skills and 
must understand the organisation and its challenges, formulate new polices and develop business plans. 
They may manage a large set of resources 

▪ Positions at this level provide advice impacting across the organisation, and/or influence core delivery areas 
of the organisation. Senior management roles would be classified at this level when they are operating in a 
dynamic environment, and/or are involved in leading negotiations and/or organisational projects impacting 
beyond one branch 

▪ Positions manage a full activity/very significant Branch within the RBGV and may manage more than one 
activity within a function. Positions may develop, research and manage major organisational programs. 
Managerial guidance may be available to these roles 

▪ Direction is specified in terms of broad organisational objectives 
▪ Positions negotiate and lead others to adopt certain courses of action and to resolve conflicting priorities. 

Typically, positions manage professional staff and/or subordinate supervisors  
▪ Research-based roles would develop and carry out scientific research of international importance; their 

advice being sought internationally for their specific expertise 

Judgement 

▪ Positions develop or modify organisation wide policies, manage specialised projects or significant research 
projects that impact across the organisation 

▪ Positions are frequently involved in problem resolution, where they must determine the appropriate course 
of action. The problems are complex with new issues frequently arising, and their resolution breaking new 
ground for the organisation. Advice or guidance is not available to assist in the decision making process  

▪ Positions will be required to generate new initiatives or research proposals 
▪ Provide policy recommendations 
▪ Manages responsibility for risks which may have significant impact at an organisation-wide and Board level. 

Accountability 

▪ Positions provide strategic advice over issues affecting the whole of RBGV, including major programs.  
▪ The advice or counsel provided is based on their expert knowledge, even though the RBGV may seek 

alternative advice on some issues. Positions lead the investigation of organisational issues and develop 
strategies to resolve complex issues. Positions directly impact the development of organisation-wide 
policies 

▪ Positions may have responsibility for raising substantial external funding for research projects 
▪ Positions typically direct a large team of professional employees 
▪ Customarily develops external relationships and significantly influences external decision-making 

Typical duties may include the following examples: 

▪ Develops and carries out research of international importance, is recognised internationally for specific 
scientific expertise 

▪ Provides expert advice on policy matters, often impacting organisational effectiveness  
▪ Liaises with staff across the organisation to facilitate the completion of programs 
▪ Develops and execute strategies regarding organisation-wide activities 
▪ Manages very significant and complex projects 
▪ Develops workshops on organisation-wide issues 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 105 

▪ Manages the staff, financials and other resources for a significant Branch 

For roles in the Scientific Job Family: 

▪ Positions at this level would typically be scientists leading and working in large “multiple issue” programs 
that require in-depth expertise, as well as creative lateral thinking 

▪ Actively driving programs of original research, which leverage interdependencies with other areas of 
science both internally and externally. Able to critically discriminate the contribution of other areas of 
science to their research and apply the outcomes to strengthen research programmes 

▪ Initiating and coordinating programs with new and innovative scientific methodologies and approaches to 
research. Programs involve both multi-agency and international collaboration and secure employment for a 
significant number of staff 

▪ Success over several years generating external funding that supports a research group including post-
doctoral researchers and other research/technical staff and students 

▪ Positions are generally recognised at an international level for their expertise and advice, and play a central 
role in international collaborative projects that contribute to the reputation of the RBGV as a world-class, 
leading botanic garden 

▪ Supervises and/or examines PhD students 
▪ Establishing a record of high impact publications in prestigious international journals, and would be invited 

to present at international symposia/conferences. May publish review articles on scientific knowledge in 
area of expertise. May be a member of a national scientific journal editorial board 

▪ The research conducted by roles at this level typically requires a PhD with significant post-doctoral 
experience 

Characteristics of positions in the next grade: 

Positions classified at the next level (Grade 6.1): 
▪ Develop business strategies and tactics 
▪ Advise on strategic and critical issues, impacting on the whole organisation 
▪ Persuade others to adopt courses of action that conflict with their interests and lead / motivate others to co-

operate in the achievement of difficult objectives 
▪ Generates and leads original research of international importance and impact 

Positions at this level are typically head of a significant branch, impacting broadly across the RBGV. Positions 
will be highly specialised and/or manage significant operational budgets. The operating environment is 
considered complex. 

 
  








 

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Grade 6.1  
Grade Profile 

Positions at this level are typically head of a significant branch, impacting broadly across the RBGV. Positions 
will be highly specialised and/or manage significant operational budgets, and shape organisation-wide priorities 
and strategies. The operating environment is considered complex. 

Expertise 

▪ Positions require highly specialised commercial, scientific, technical or administrative expertise and 
advanced managerial capability in order to perform a leadership role in the organisation and be responsible 
for achievement of results. Positions must understand the organisation and its challenges in order to 
formulate new polices and contribute to the development of business plans. They may manage a large set 
of resources 

▪ Positions have significant managerial responsibilities for a multi-disciplinary workforce 
▪ Positions require significant managerial skills and must persuade others to adopt particular procedures and 

strategies, where there are conflicting priorities in often difficult situations. Motivating and leading 
professional staff and/or subordinate supervisors is part of the role 

▪ Research roles will generate and lead original research of significant international importance and impact 

Judgement 

▪ Positions develop organisation wide policies, manage specialised projects or significant research projects 
that impact across the organisation 

▪ Positions are frequently involved in problem resolution, where they must determine the appropriate course 
of action. The problems are complex, with their resolution breaking new ground for the organisation. Advice 
or guidance is not readily available to assist in the decision making process 

▪ Positions manage responsibility for risks which may have impact at an organisation-wide, Board or 
Ministerial level 

Accountability 

▪ Positions provide strategic and critical advice that impacts major policies or programs and systems. 
Positions are held fully accountable for the impact of their advice. Advice is typically provided directly to the 
Director  

▪ Positions provide expert advice or counsel even though the organisation may seek alternative advice on 
some issues. They lead the investigation of organisational issues and develop strategies to resolve 
complex issues. Positions develop organisation-wide policies 

▪ Positions customarily work strategically with external clients in the Government and private sectors 

Typical duties may include the following examples: 

▪ Provides expert advice regarding strategies and policies 
▪ Undertakes organisational reviews to promote the efficiency and effectiveness of RBGV 
▪ Manages, monitors and evaluates the RBGV’s business and research programs 
▪ Manages staff, financial and other resources 
▪ Co-ordinates budget processes 
▪ Leads the development of corporate plans 
▪ Leads original research of international importance and impact 

  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 107 

For roles in the Scientific Job Family: 

▪ Positions at this level would typically be planning, initiating and implementing research, extension or policy 
responses in anticipation of significant scientific, socio-economic, policy or environmental changes 

▪ Line manages a substantial scientific and/or technical multi-disciplinary organisational unit; or is a 
knowledge leader or expert within that scientific discipline 

▪ Leads original research into complex, sensitive or contentious scientific matters 
▪ Positions are generally recognised at an international level for their expertise and advice, and play a central 

role in international collaborative projects that contribute to the reputation of the RBGV as a world-class, 
leading-edge botanic garden 

▪ Established a record of high impact publications/reports in prestigious international journals, and regularly 
invited to present at international symposia/conferences. May be a member of editorial board for an 
internationally recognised scientific journal or national scientific committees setting policy direction 

▪ May be invited to evaluate the promotion of professors and senior researchers in academic and science 
institutions nationally and internationally 

▪ May be invited to peer review panels assessing the effectiveness of academic departments and research 
centres/institutions 

Characteristics of positions in the next grade: 

Positions classified at the next level (Grade 6.2): 
▪ Manage a significant part of a division 
▪ Develop significant policies and long term strategies 

Positions at this level are likely to be at the executive level, reporting directly to the Director and accountable for 
a full function within the organisation. Positions operate at both an operational and strategic level. These roles 
operate with a high degree of autonomy, under broad direction. 

 
  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 108 

Grade 6.2  
Grade Profile 

Positions at this level are likely to be at the executive level, reporting directly to the Director and accountable for 
a full function within the organisation. Positions operate at both an operational and strategic level. These roles 
operate with a high degree of autonomy, under broad direction. 

Expertise 

▪ Positions require highly specialised commercial, professional, scientific, technical or administrative 
expertise and advanced managerial capability in order to perform a leadership role in the organisation and 
be responsible for achievement of results of a significant value to the RBGV. Positions must understand the 
organisation and its challenges, formulate new polices and contribute to the development of business plans. 
They will usually manage a large set of resources 

▪ Positions require significant managerial skills and must persuade others to adopt particular procedures and 
strategies, where there are conflicting priorities in often difficult situations. Positions motivate and lead 
professional staff and/or subordinate supervisors  

▪ Scientific roles will develop and lead research of international importance that is the foundation for whole-of-
organisation scientific programs 

Judgement 

▪ Positions develop organisation wide policies, manage specialised projects or significant research projects 
that impact across the organisation 

▪ Positions are involved in the development of long term strategies for the RBGV and must be involved in 
forward planning and strategic decision making and identification and resolution of fundamental 
organisational issues 

▪ Positions manage responsibility for project risks which have whole of organisation or Government impact 

Accountability 

▪ Positions provide strategic and critical advice that impacts major policies or programs and systems. 
Positions are held fully accountable for the impact of their advice. Advice is typically provided directly to the 
Director  

▪ Positions provide authoritative expert advice or counsel on novel and new issues, where the body of 
knowledge is limited and there is no other source of advice. The advice is provided to those not familiar with 
the subject matter 

▪ Strategically balances at times competing interests of project ‘partners’ 
 

  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 109 

APPENDIX 3. SUPPORTED WAGE SYSTEM 

Definitions of Support Wage System 

This clause defines the conditions which will apply to Employees who because of the effects of a 
disability are eligible for a supported wage under the terms of this Agreement. In the context of 
this clause, the following definitions will apply: 

(a) Supported wage system means the Commonwealth Government system to 
promote employment for people who cannot work at full award wages because 
of a disability, as documented in the Supported Wage System Handbook. 

(b) Accredited assessor means a person accredited by the management unit 
established by the Commonwealth under the supported wage system to perform 
assessments of an individual's productive capacity within the supported wage 
system. 

(c) Disability support pension means the Commonwealth pension scheme to 
provide income security for persons with a disability as provided under the 
Social Security Act 1991 or any successor to that scheme. 

(d) SWS wage assessment agreement means the document in the form required by 
the Department of Social Services that records the Employee’s productive 
capacity and agreed wage rate. 

Eligibility Criteria 

Employees covered by this clause will be those who are unable to perform the range of duties to 
the competence level required within the class of work for which the Employee is engaged under 
this Agreement, because of the effects of a disability on their productive capacity and who meet 
the impairment criteria for receipt of a disability support pension. 

This clause does not apply to any existing Employee who has a claim against the RBGV which is 
subject to the provisions of accident compensation legislation or any provision of this Agreement 
relating to the rehabilitation of Employees who are injured in the course of their employment. 

This clause does not apply to Employers in respect of their facility, program, undertaking, service 
or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role 
of service provider and sheltered Employer to people with disabilities who are in receipt of or are 
eligible for a disability support pension, except with respect to an organisation which has received 
recognition under section 10 or under section 12A of the Disability Services Act 1986, or if a part 
only has received recognition, that part. 








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 110 

Supported Wage Rates 

Employees to whom this clause applies shall be paid the applicable percentage of the minimum 
rate of pay prescribed by this Agreement for the class of work which the person is performing 
according to the following schedule, providing the minimum amount payable is not less than $90 
per week (or such greater amount specified in the Award): 

Assessed capacity Percentage of prescribed 
Agreement rate 

10%* 
20% 
30% 
40% 
50% 
60% 
70% 
80% 
90% 

10% 
20% 
30% 
40% 
50% 
60% 
70% 
80% 
90% 

* Where a person's assessed capacity is 10%, they shall receive a high degree of assistance and 
support.  

Assessment of Capacity 

For the purpose of establishing the percentage of the Agreement rate to be paid to an Employee 
under this Agreement, the productive capacity of the Employee will be assessed in accordance 
with the supported wage system by an approved assessor having consulted the Employer and 
Employee and, if the Employee so desires, a representative of the Employee. 

All assessments made under this Appendix must be documented in an SWS wage assessment 
agreement to be retained by the Employer. 

All SWS wage assessment agreements under the conditions of this clause, including the 
appropriate percentage of the Agreement salary to be paid to the Employee, shall be lodged by 
the Employer with the Registrar of the Fair Work Commission. All SWS wage assessment 
agreements shall be agreed and signed by the parties to the assessment. 

The assessment of the applicable percentage should be subject to annual review or earlier on the 
basis of a reasonable request for such a review. The process of review shall be in accordance 
with the procedures for assessing capacity. 

Other Terms and Conditions of Employment 

Where an assessment has been made, the applicable percentage shall apply to the salary rate 
only. Employees covered by the provisions of the clause will be entitled to the same terms and 
conditions of employment as all other Employees covered by this Agreement paid on a pro-rata 
basis. 

  








 

ROYAL BOTANIC GARDENS VICTORIA - ENTERPRISE AGREEMENT 2021 Page 111 

Workplace Adjustment 

An Employer wishing to employ a person under the provisions of this clause shall take 
reasonable steps to make changes in the workplace to enhance the Employee's capacity to do 
the job. Changes may involve re-design of job duties, working time arrangements and work 
organisation in consultation with other Employees in the area. 

Trial Period 

In order for an adequate assessment of the Employee's capacity to be made, an Employer may 
employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, 
except that in some cases additional work adjustment time (not exceeding four (4) weeks) may 
be needed. 

During that trial period the assessment of capacity shall be undertaken and the proposed salary 
rate for a continuing employment relationship shall be determined. The minimum amount payable 
to the Employee during the trial period shall be no less than $90 per week (or such greater 
amount as is specified in the Award). 

Work trials should include induction or training as appropriate to the job being trialed. Where the 
Employer and Employee wish to establish a continuing employment relationship following the 
completion of the trial period, a further contract of employment shall be entered into based on the 
outcome of assessment of capacity. 

 








 
 
IN THE FAIR WORK COMMISSION 
 
FWC Matter No.:  
AG2022/556 
 
Applicant: 
(name of applicant) 
 
 
Section 185 – Application for approval of a single enterprise agreement 
 

 
Undertaking – Section 190 

 
I, Joanne Frankel, Head of People and Culture have the authority given to me by Royal 
Botanic Gardens Board to give the following undertakings with respect to the Royal Botanic 
Gardens Victoria Enterprise Agreement 2021 ("the Agreement"): 
 
 
1. Further to clause 18.6 relating to Casual Conversion, the Royal Botanic Gardens 

Victoria (RBGV) will provide an offer in writing within 21 days of the casual employee 
being employed for a period of 12 months where they have worked a regular pattern 
of hours during the last 6 months of that period as provided at s.66B of the Fair Work 
Act 2009. 

 
2. Despite the wording in clause 55.19 of the Agreement, RBGV agrees to adopt the 

definition of employee couple as set out in section 12 of the Fair Work Act 2009. 
 
3. The Royal Botanic Gardens Victoria (RBGV) confirms that no employee at Grade 1.1 

or 2.1 will be engaged outside the hours of 7am – 6.30pm. 
 
 
These undertakings are provided on the basis of issues raised by the Fair Work Commission 
in the application before the Fair Work Commission. 
 
 
 

 
____________________________ 
Signature 
 
 
_________16 March 2022_______ 
Date 
 
 
 
 

 


Manuel

Cases cited by this decision: