Murray PHN Enterprise Agreement 2022

... 1 Fair Work Act 2009 s.185—Enterprise agreement Murray PHN Limited (AG2023/522) MURRAY PHN ENTERPRISE AGREEMENT 2022 Health and welfare services DEPUTY PRESIDENT DEAN CANBERRA, 13 MARCH 2023 Application for approval of the Murray PHN Enterprise Agreement 2022. [1] An application has been made for approval of an enterprise agreement known as the Murray PHN Enterprise Agreement 2022 (the Agreement)...

... 1 Fair Work Act 2009 s.185—Enterprise agreement Limited (AG2023/522) MURRAY PHN ENTERPRISE AGREEMENT 2022 Health and welfare services DEPUTY PRESIDENT DEAN CANBERRA, 13 MARCH 2023 Application for approval of the Murray PHN Enterprise Agreement 2022. [1] An application has been made for approval of an enterprise agreement known as the Murray PHN Enterprise Agreement 2022 (the Agreement). The appl...

...k Act 2009 s.185—Enterprise agreement Limited (AG2023/522) ENTERPRISE AGREEMENT 2022 Health and welfare services DEPUTY PRESIDENT DEAN CANBERRA, 13 MARCH 2023 Application for approval of the Murray PHN Enterprise Agreement 2022. [1] An application has been made for approval of an enterprise agreement known as the Murray PHN Enterprise Agreement 2022 (the Agreement). The application was made purs...

...ces DEPUTY PRESIDENT DEAN CANBERRA, 13 MARCH 2023 Application for approval of the Enterprise Agreement 2022. [1] An application has been made for approval of an enterprise agreement known as the Murray PHN Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murray PHN Limited (Employer). The Agreement is a sing...

... for approval of an enterprise agreement known as the Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murray PHN Limited (Employer). The Agreement is a single enterprise agreement. [2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that th...

... THE FAIR V\iORK COMMISSION Attention: Deputy President Dean To Deputy President Dean FWC Matter No AG2023/522 Application for approval of the Mu"ay PHN Enterprise Agreement 2022 Applicant: Murray PHN Limited Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 An Australian Government Initiative I, Beverley Sutherland, Director and People and C...

...approval of a single enterprise agreement Undertaking - Section 190 An Australian Government Initiative I, Beverley Sutherland, Director and People and Culture have the authority given to me by Murray PHN to give the following undertakings with respect to the Murray PHN Enterprise Agreement 2022 ("the Agreement"): 1. Clause 30.9.3 will be applied consistent with ss324-326 of the Act and no deducti...

... Section 190 An Australian Government Initiative I, Beverley Sutherland, Director and People and Culture have the authority given to me by to give the following undertakings with respect to the Murray PHN Enterprise Agreement 2022 ("the Agreement"): 1. Clause 30.9.3 will be applied consistent with ss324-326 of the Act and no deduction will be made from an employee's accrued N ES entitlements. Th...

...on cy Respect f Innovation .,/ Account1bility Page1of1 THE FAIR WORK COMMISSION Attention: Deputy President Dean To Deputy President Dean FWC Matter No AG2023/522 Application for approval of the Murray PHN Enterprise Agreement 2022 Applicant: Murray PHN Limited Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Beverley Sutherland, Director and People a...

...1bility Page1of1 THE FAIR WORK COMMISSION Attention: Deputy President Dean To Deputy President Dean FWC Matter No AG2023/522 Application for approval of the Enterprise Agreement 2022 Applicant: Murray PHN Limited Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Beverley Sutherland, Director and People and Culture have the authority given to me by Mur...

...t: Limited Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Beverley Sutherland, Director and People and Culture have the authority given to me by Murray PHN to give the following undertakings with respect to the Murray PHN Enterprise Agreement 2022 ("the Agreement"): 1. Clause 30.9.3 will be applied consistent with ss324-326 of the Act and no deduction w...

...single enterprise agreement Undertaking - Section 190 I, Beverley Sutherland, Director and People and Culture have the authority given to me by to give the following undertakings with respect to the Murray PHN Enterprise Agreement 2022 ("the Agreement"): 1. Clause 30.9.3 will be applied consistent with ss324-326 of the Act and no deduction will be made from an employee's accrued NES entitlements These unde...

... MURRAY PHN ENTERPRISE AGREEMENT 2022 An Australian Government Initiative PART 1: APPLICATION 1 Title ........... .. .. ... .... .... .. ...... ..... .. ... .... ..... ... .................. ... .... .... .... .. ................ .. .......... ........ ......... ... .. ..... 3 2 Definitions ...... .. ...... .. ... ... .. .. .......... ..... ............ ......... ... .. ... ... ... ..... .......

.... ........ .......... . 16 22 Accident Make Up Pay ... ..... ...... ... ... .. ........ .. ........ ..... ... ... ... ......... ..... .. ... ... ..... ... ..... ...... .... ...... ..... ..... 17 MURRAY PHN ENTERPRISE AGREEMENT 2022 PART 1: APPLICATION 1 Title. 3 2 Definitions 3 3 Incidence of Agreement .3 4 Commencement Date and Period of Operation 3 5 Relationship to other Awards and Agreements 4 6 No...

...... 53 SIGNATORIES 46 Signatories .. ... ... ..... ... ....... ..... ............. .. ... ....... ... .... ..... .................... ............ .... .... ... ...... ....... ...... .... .. 61 Murray PHN Enterprise Agreement 2022 Page 12 PART 5: WORK ARRANGEMENTS 23 Hours of work 18 24 Time off in Lieu 19 25 Overtime 20 26 Payment on Public Holidays 21 27 Meal and Rest Intervals 21 28 Stand down. ...

...49 PART 7: ALLOWANCES 42 Travelling Allowance .51 43 Higher Duties Allowance 51 SCHEDULES 44 Schedule A: Rates of Pay .52 45 Schedule B: Classification Descriptors. 53 SIGNATORIES 46 Signatories. .61 Murray PHN Enterprise Agreement 2022 Page | 2 ...

... wongr Undertaking PART ONE: APPLICATION 1 Title This Agreement shall be known as the Murray PHN Enterprise Agreement 2022. 2 Definitions 2.1 Act shall mean the Fair Work Act 2009 (Cth) (as amended or replaced from time to time). 2.2 Agreement shall mean the Murray PHN Enterprise Agreement 2022. 2.3 Classification Grade shall mean a Classification Grade in Schedule B of this Agreement. ...

...greement shall be known as the Enterprise Agreement 2022. 2 Definitions 2.1 Act shall mean the Fair Work Act 2009 (Cth) (as amended or replaced from time to time). 2.2 Agreement shall mean the Murray PHN Enterprise Agreement 2022. 2.3 Classification Grade shall mean a Classification Grade in Schedule B of this Agreement. 2.4 Employee shall mean: 2.4.1 A person who is: (a) Employed by the Empl...

...ement. 2.4.2 For the avoidance of doubt, any trainee, apprentice, Doctor, or Clinical provision roles employed by the Employer shall not be covered by this Agreement. 2.5 Employer shall mean the Murray PHN Limited. 2.6 Immediate Family/ Immediate Family Member shall mean: 2.6.1 a spouse (including a de facto spouse), and/or a former spouse of the Employee. The term de facto spouse means a person w...

...orts. 2.8 National Employment Standards or NES means Part 2-2 of the Act as amended from time to time. 3 Incidence of Agreement 3.1 This Agreement shall apply to and be binding on: 3.1.1 The Murray PHN Limited; and 3.1.2 Employees of Murray PHN who fall within the definition at subclause 2.4 above. 4 Commencement Date and Period of Operation 4.1 This Agreement shall come into operation on the...

...ndards or NES means Part 2-2 of the Act as amended from time to time. 3 Incidence of Agreement 3.1 This Agreement shall apply to and be binding on: 3.1.1 The Limited; and 3.1.2 Employees of Murray PHN who fall within the definition at subclause 2.4 above. 4 Commencement Date and Period of Operation 4.1 This Agreement shall come into operation on the seventh day after the Agreement has been ap...

... the nominal expiry date in accordance with the provisions of the Act. Note: For information regarding initiating enterprise bargaining please reference the Act - Part 2-4 Enterprise Agreements Murray PHN Enterprise Agreement 2022 Page 13 PART ONE: APPLICATION 1 Title This Agreement shall be known as the Murray PHN Enterprise Agreement 2022. 2 Definitions 2.1 Act shall mean the Fair Work Act 2009 (...

... initiating enterprise bargaining please reference the Act - Part 2-4 Enterprise Agreements Enterprise Agreement 2022 Page 13 PART ONE: APPLICATION 1 Title This Agreement shall be known as the Murray PHN Enterprise Agreement 2022. 2 Definitions 2.1 Act shall mean the Fair Work Act 2009 (Cth) (as amended or replaced from time to time). 2.2 Agreement shall mean the Murray PHN Enterprise Agreement 2022....

...This Agreement shall be known as the Enterprise Agreement 2022. 2 Definitions 2.1 Act shall mean the Fair Work Act 2009 (Cth) (as amended or replaced from time to time). 2.2 Agreement shall mean the Murray PHN Enterprise Agreement 2022. 2.3 Classification Grade shall mean a Classification Grade in Schedule B of this Agreement. 2.4 Employee shall mean: 2.4.1 A person who is: (a) Employed by the Employer on ...

... Agreement. 2.4.2 For the avoidance of doubt, any trainee, apprentice, Doctor, or Clinical provision roles employed by the Employer shall not be covered by this Agreement. 2.5 Employer shall mean the Murray PHN Limited. 2.6 Immediate Family/ Immediate Family Member shall mean: 2.6.1 a spouse (including a de facto spouse), and/or a former spouse of the Employee. The term de facto spouse means a person who li...

...ectly reports. 2.8 National Employment Standards or NES means Part 2-2 of the Act as amended from time to time. 3 Incidence of Agreement 3.1 This Agreement shall apply to and be binding on: 3.1.1 The Murray PHN Limited; and 3.1.2 Employees of Murray PHN who fall within the definition at subclause bove. 4 Commencement Date and Period of Operation 4.1 This Agreement shall come into operation on the seventh da...

...yment Standards or NES means Part 2-2 of the Act as amended from time to time. 3 Incidence of Agreement 3.1 This Agreement shall apply to and be binding on: 3.1.1 The Limited; and 3.1.2 Employees of Murray PHN who fall within the definition at subclause bove. 4 Commencement Date and Period of Operation 4.1 This Agreement shall come into operation on the seventh day after the Agreement has been approved by ...

... after the nominal expiry date in accordance with the provisions of the Act. Note: For information regarding initiating enterprise bargaining please reference the Act - Part 2-4 Enterprise Agreements Murray PHN Enterprise Agreement 2022 Page | 3 ...

...presentative for the purposes of the procedures in this term. 8.3.3 If: (a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and Murray PHN Enterprise Agreement 2022 Page 14 5 Relationship to other Awards and Agreements 5.1 This is a comprehensive Agreement that operates to the exclusion of any Award, workplace determination or other ...

...int a representative for the purposes of the procedures in this term. 8.3.3 If: (a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and Murray PHN Enterprise Agreement 2022 Page | 4 ...

... representative for the purposes of consultation; and (b) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative . Murray PHN Enterprise Agreement 2022 Page 15 (b) the Employee or Employees advise the Employer of the identity of the representative. the Employer must recognise the representative. 8.3.4 As soon as practica...

...ppoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative. Murray PHN Enterprise Agreement 2022 Page | 5 ...

...ow 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. Murray PHN Enterprise Agreement 2022 Page I 6 8.4.4 As soon as practicable after proposing to introduce the change, the Employer must: (a) discuss with the relevant Employees the introduction of the change; ...

...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. Murray PHN Enterprise Agreement 2022 Page | 6 ...

...work is not safe; or (ii) applicable occupational health .and safety legislation would not permit the work to be performed; or (iii) the work is not appropriate for the Employee to perform; or Murray PHN Enterprise Agreement 2022 Page 17 9.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 The Employer or Employee may te...

...(i) the work is not safe; or (ii) applicable occupational health and safety legislation would not permit the work to be performed; or (iii) the work is not appropriate for the Employee to perform; or Murray PHN Enterprise Agreement 2022 Page | 7 ...

...uld have worked on the day or days on which the leave was taken, so as not to reduce the Employee's wage below that level which such Employee would have received had the Employee not been absent. Murray PHN Enterprise Agreement 2022 Page 18 (iv) there are other reasonable grounds for the Employee to refuse to comply with the direction. 10.7 The parties to the dispute agree to be bound by a decision m...

...e would have worked on the day or days on which the leave was taken, so as not to reduce the Employee's wage below that level which such Employee would have received had the Employee not been absent. Murray PHN Enterprise Agreement 2022 Page | 8 ...

...o promote de-skilling . 13.2 Any direction issued by the Employer pursuant to clause 13.1 shall be consistent with the Employer's responsibilities to provide a safe and healthy work environment. Murray PHN Enterprise Agreement 2022 Page 19 12.2.6 The payment or deduction of payment in lieu of notice of termination of employment shall be calculated on a pro-rata basis. 12.2.7 Any period of annual lea...

... designed to promote de-skilling. 13.2 Any direction issued by the Employer pursuant to clause shall be consistent with the Employer's responsibilities to provide a safe and healthy work environment. Murray PHN Enterprise Agreement 2022 Page | 9 The provisions of clauses 14 - Termination of Employment; Leave; 31 paid Personal/Carers Leave; 32 Life Leave; 33 p 35 paid Parental Leave; 37 paid Community Servi...

...14.4 End of Tenure 14.4.1 Maximum-term employment is for a specific period or project for which the Employee's employment agreement will advise the expiry date of that employment. The Employee's Murray PHN Enterprise Agreement 2022 Page 110 14 Termination of Employment 14.1 Notice of termination by the Employer 14.1.1 In order to terminate the employment of an Employee, the Employer shall give notic...

...ent. 14.4 End of Tenure 14.4.1 Maximum-term employment is for a specific period or project for which the Employee's employment agreement will advise the expiry date of that employment. The Employee's Murray PHN Enterprise Agreement 2022 Page | 10 ...

... being made redundant. If an Employee has unreasonably failed to accept an offer of a comparable role , then the Employee is not entitled to any redundancy payment under clause 15 (Redundancy). Murray PHN Enterprise Agreement 2022 Page 111 employment will terminate automatically on the expiry date, without either party being required to give notice. 14.5 Termination during probation 14.5.1 When an ...

...on to the role being made redundant. 15.1.3 If an Employee has unreasonably failed to accept an offer of a comparable role, then the Employee is not entitled to any redundancy payment under clause 15 Murray PHN Enterprise Agreement 2022 Page | 11 ...

...ployee is not entitled to be paid for any part of the period of notice remaining after the Employee ceased to be employed, provided that the Employee is not entitled to payment in lieu of notice. Murray PHN Enterprise Agreement 2022 Page 112 15.2 Transfer to lower paid duties 15.2.1 When an Employee is transferred to lower paid duties for reasons set out in clause 15 , the Employee shall be entitled ...

...e Employee is not entitled to be paid for any part of the period of notice remaining after the Employee ceased to be employed, provided that the Employee is not entitled to payment in lieu of notice. Murray PHN Enterprise Agreement 2022 Page | 12 ...

...e following: (a) When employment is terminated as a consequence of performance and/or conduct. (b) In the case of Casual and probationary Employees, or when a maximum-term employment expires. Murray PHN Enterprise Agreement 2022 Pagel13 15.5 Job search entitlement (Redundancy) 15.5.1 During the period of notice of termination given by the Employer due to redundancy an Employee shall be allowed up...

...ly to the following: (a) When employment is terminated as a consequence of performance and/or conduct. (b) In the case of Casual and probationary Employees, or when a maximum-term employment expires. Murray PHN Enterprise Agreement 2022 Page | 13 15.5.2 ubclause 15.5.2 ...

...igher level of proficiency and efficiency, the Executive Manager in consultation with People and Culture may consider an 'out of cycle' pay point review within the position's Classification Grade Murray PHN Enterprise Agreement 2022 Page 114 16 Appointments and Promotions 16.1 Notification of Appointment and position classification 16.1.1 All Employees should be given a letter of employment which sho...

... a higher level of proficiency and efficiency, the Executive Manager in consultation with People and Culture may consider an 'out of cycle' pay point review within the position's Classification Grade Murray PHN Enterprise Agreement 2022 Page | 14 ...

....3 After paying the Employee , the Employer shall provide to each Employee a statement in writing detailing the following information: name and Classification Grade of the Employee; the period the Murray PHN Enterprise Agreement 2022 Pagel15 16.3.6.1 Any 'out of cycle' pay point changes are at the discretion of the Executive Manager and People and Culture. Once a decision is made the Employee will be ...

.... 19.3 After paying the Employee, the Employer shall provide to each Employee a statement in writing detailing the following information: name and Classification Grade of the Employee; the period the Murray PHN Enterprise Agreement 2022 Page | 15 ...

... effect of increasing the cost of salary packaging to the Employer, then at the sole discretion of the Employer, the Employee may have their salary adjusted; the Employee may have the opportunity Murray PHN Enterprise Agreement 2022 Page 116 payment relates to; the date of payment; the rate of pay; the gross and net amount of payment including allowances; the amount of pay deductions (including the n...

... the effect of increasing the cost of salary packaging to the Employer, then at the sole discretion of the Employer, the Employee may have their salary adjusted; the Employee may have the opportunity Murray PHN Enterprise Agreement 2022 Page | 16 ...

...s to be entitled to receive Accident Pay, an Employee ( or a representative of) shall give notice in writing of the injury to their Manager as soon as reasonably practicable after the occurrence. Murray PHN Enterprise Agreement 2022 Pagel17 to renegotiate the salary packaging arrangement; or the salary packaging arrangement will be ceased by the Employer. 21.4 The Employer recommends that Employees c...

...claims to be entitled to receive Accident Pay, an Employee (or a representative of) shall give notice in writing of the injury to their Manager as soon as reasonably practicable after the occurrence. Murray PHN Enterprise Agreement 2022 Page | 17 ...

...racted hours of work vary in accordance with Organisational requirements, or by mutual agreement, but the Employee's contracted hours of work do not exceed 76 hours over any two (2) week period. Murray PHN Enterprise Agreement 2022 Page I 18 22.10 Medical examination 22.10.1 In order to receive an entitlement to Accident Pay an Employee shall meet the requirements of the applicable workers' compensa...

... contracted hours of work vary in accordance with Organisational requirements, or by mutual agreement, but the Employee's contracted hours of work do not exceed 76 hours over any two (2) week period. Murray PHN Enterprise Agreement 2022 Page | 18 24; or se 25. ause 23.5; 25 (Over ...

...riod of six (6) months the Employer must pay the employee for the overtime, in the next pay period following those six (6) months, at the overtime rate applicable to when the overtime was worked. Murray PHN Enterprise Agreement 2022 Page 119 (a) Where the Employee requests to work outside the span of hours the applicable hours (worked outside the span of hours) will not accrue any time off in lieu or...

...e period of six (6) months the Employer must pay the employee for the overtime, in the next pay period following those six (6) months, at the overtime rate applicable to when the overtime was worked. Murray PHN Enterprise Agreement 2022 Page | 19 ...

...e next shift, without loss of pay for ordinary hours. If, on the instructions of the Employer, an Employee does not receive 10 consecutive hours off duty, the Employee must be paid as follows : Murray PHN Enterprise Agreement 2022 Page 120 24.9 Upon termination of employment, an Employee shall receive payment for any time off in lieu hours not taken paid at the overtime rate applicable to when the ...

...e next shift, without loss of pay for ordinary hours. 25.3.2 If, on the instructions of the Employer, an Employee does not receive 10 consecutive hours off duty, the Employee must be paid as follows: Murray PHN Enterprise Agreement 2022 Page | 20 ...

...inery or stoppage of work for which the Employer cannot reasonably be held responsible. 28.2 Such standing down shall not be deemed a break in the continuity of the employment of the Employee. Murray PHN Enterprise Agreement 2022 Page I 21 for a full-time or part-time Employee - payment at their ordinary hourly rate and an additional amount at a rate of 100% until being released from duty; and (b)...

...of machinery or stoppage of work for which the Employer cannot reasonably be held responsible. 28.2 Such standing down shall not be deemed a break in the continuity of the employment of the Employee. Murray PHN Enterprise Agreement 2022 Page | 21 ...

... needs of the Organisation , and provided that reasonable notice requesting the annual leave is provided by the Employee. 30.4 Annual leave shall accrue progressively in accordance with the Act. Murray PHN Enterprise Agreement 2022 Page 122 29 Shiftworkers 29.1 Shiftworkers 29.1.1 The Employer may engage an Employee as shiftworker in writing to work shift work in accordance with this clause. 29.2 Sh...

...of the needs of the Organisation, and provided that reasonable notice requesting the annual leave is provided by the Employee. 30.4 Annual leave shall accrue progressively in accordance with the Act. Murray PHN Enterprise Agreement 2022 Page | 22 ...

...le on annual leave 30.10.1 If an Employee becomes sick while on annual leave on which they would otherwise have worked , and forwards to the Employer a certificate of a legally qualified medical Murray PHN Enterprise Agreement 2022 Page 123 30.5 If the full entitlement of annual leave is not taken in any one year, the portion not taken will be cumulative from year to year. 30.6 Part-time entitlement...

...ss while on annual leave 30.10.1 If an Employee becomes sick while on annual leave on which they would otherwise have worked, and forwards to the Employer a certificate of a legally qualified medical Murray PHN Enterprise Agreement 2022 Page | 23 ...

...the amount that would have been payable had the Employee taken the leave at the time the payment is made. 30.12.8 The Employer will not require an Employee to cash out any of their annual leave. Murray PHN Enterprise Agreement 2022 Page 124 practitioner as soon as practicable, then the days specified in the certificate shall be deducted from the Employee's accrued personal/carer's leave, and shall b...

...than the amount that would have been payable had the Employee taken the leave at the time the payment is made. 30.12.8 The Employer will not require an Employee to cash out any of their annual leave. Murray PHN Enterprise Agreement 2022 Page | 24 ...

...e end of the applicable purchased leave period . At the completion of the 12 or six (6) month purchase leave arrangement the Employee will automatically revert back to 52/52 or 26/26 employment. Murray PHN Enterprise Agreement 2022 Page 125 30.13 Purchased Annual Leave Arrangements 30.13.1 An Employee may make a request for one of the following Purchased Leave arrangements of: (a) 12 months purchase...

...end of the applicable purchased leave period. 30.13.9 At the completion of the 12 or six (6) month purchase leave arrangement the Employee will automatically revert back to 52/52 or 26/26 employment. Murray PHN Enterprise Agreement 2022 Page | 25 ...

...te from a legally qualified medical practitioner, or if it is not reasonably practicable for the Employee to give the Employer a medical certificate, a statutory declaration made by the Employee. Murray PHN Enterprise Agreement 2022 Page 126 30.13.10 The Employee will provide four (4) weeks' written notice to apply for, vary or cancel their purchased leave arrangement. 31 Personal/Carer's Leave 31.1 ...

...ficate from a legally qualified medical practitioner, or if it is not reasonably practicable for the Employee to give the Employer a medical certificate, a statutory declaration made by the Employee. Murray PHN Enterprise Agreement 2022 Page | 26 ...

...If Life Leave is accessed by the Employee as a result of an unforeseen event the Employee will notify their Manager as soon as practicable of their circumstances and their unavailability for work. Murray PHN Enterprise Agreement 2022 Page 127 31.8 Unpaid Carer's Leave 31.8.1 An Employee is entitled to two (2) days of unpaid carer's leave for each occasion (a permissible occasion) when a member of the ...

....5 If Life Leave is accessed by the Employee as a result of an unforeseen event the Employee will notify their Manager as soon as practicable of their circumstances and their unavailability for work. Murray PHN Enterprise Agreement 2022 Page | 27 ...

...day falls on a day on which the Employee would normally have worked. 34.6 The Employer may approve an application by an Employee to take double the period of long service leave at half the pay. Murray PHN Enterprise Agreement 2022 Page 128 32.6 Life Leave: (a) does not accumulate from year to year; and (b) is available to full and part-time Employees; and (c) may be taken as two single days or as a...

...t the day falls on a day on which the Employee would normally have worked. 34.6 The Employer may approve an application by an Employee to take double the period of long service leave at half the pay. Murray PHN Enterprise Agreement 2022 Page | 28 ...

...eyond 12 months - subclause 35.10 (j) Communication with an Employee on Parental leave - subclause 35.11 (k) Keeping in touch days - subclause 35 .12 (I) Transfer to a safe job - subclause 35.13 Murray PHN Enterprise Agreement 2022 Page 129 34.7 It is recommended the Employee seeks independent advice regarding the taxation implications of seeking payment under subclause 34.6. The Employer shall not ...

...eave beyond 12 months - subclause 35.10 (i) Communication with an Employee on Parental leave - subclause 35.11 (k) Keeping in touch days - subclause 35.12 (1) Transfer to a safe job - subclause 35.13 Murray PHN Enterprise Agreement 2022 Page | 29 ...

...ployee would be on Flexible Unpaid Long Parental Leave if the Eligible Employee took leave for all the Eligible Employee's Flexible Unpaid Long Parental Leave days in a single continuous period. Murray PHN Enterprise Agreement 2022 Page 130 (m) Paid no safe job leave - subclause 35.14 (n) Unpaid no safe job leave - subclause 35.15 (o) Special Maternity leave - subclause 35.16 (p) Still birth - subcl...

...le Employee would be on Flexible Unpaid Long Parental Leave if the Eligible Employee took leave for all the Eligible Employee's Flexible Unpaid Long Parental Leave days in a single continuous period. Murray PHN Enterprise Agreement 2022 Page | 30 ...

...Couple taking a period of parental leave that is to start after the parental leave of the other member of the Employee couple , it is the date on which the Employee's period of leave is to start. Murray PHN Enterprise Agreement 2022 Page I 31 35.2.11 Primary Carer means the person who has responsibility for the care of the Child. Only one person can be the Child's Primary Carer on a particular day. 3...

...oyee Couple taking a period of parental leave that is to start after the parental leave of the other member of the Employee couple, it is the date on which the Employee's period of leave is to start. Murray PHN Enterprise Agreement 2022 Page | 31 ...

... of Placement provided that the period of Long Parental leave, (inclusive of any further extension requests) does not extend beyond 24 months from the Child's date of birth or Day of Placement. Murray PHN Enterprise Agreement 2022 Page I 32 35.3.5 An Employee is not entitled to adoption-related parental leave or Custodial Leave - unless the Child that is, or is to be, placed with the Employee: (a) ...

...or Day of Placement provided that the period of Long Parental leave, (inclusive of any further extension requests) does not extend beyond 24 months from the Child's date of birth or Day of Placement. Murray PHN Enterprise Agreement 2022 Page | 32 ...

...under subclause 35.9 Variation of Parental leave period) is no longer than 12 months, less the employee's Notional Flexible Period, provided that the calculation is based on the assumption that: Murray PHN Enterprise Agreement 2022 Page 133 (d) If the Employee is a member of an Employee Couple who both intend to take parental leave, immediately after the end of the first employee's period of leave. ...

...extension under subclause Variation of Parental leave period) is no longer than 12 months, less the employee's Notional Flexible Period, provided that the calculation is based on the assumption that: Murray PHN Enterprise Agreement 2022 Page | 33 ...

...ork period ends at the earliest of the following: (a) the time agreed by the Eligible Employer and Employee; (b) the end of the day of the Child's first discharge from hospital after birth; or Murray PHN Enterprise Agreement 2022 Page 134 (a) the Eligible Employee ordinarily works each day that is not a Saturday or Sunday; and (b) there are no public holidays during the period. 35.4.8.7 A member o...

...itted work period ends at the earliest of the following: (a) the time agreed by the Eligible Employer and Employee; (b) the end of the day of the Child's first discharge from hospital after birth; or Murray PHN Enterprise Agreement 2022 Page | 34 ...

...example, the paid leave being spread over more than nine (9) weeks does not affect the period of continuous service recognised. For example, an Employee taking 18 weeks at half pay will , for the Murray PHN Enterprise Agreement 2022 Page 135 (c) if the Child dies before being discharged, the end of the day the Child dies 35.4.9.5 Only one (1) period may be agreed to under subclause For which the Elig...

... for example, the paid leave being spread over more than nine (9) weeks does not affect the period of continuous service recognised. For example, an Employee taking 18 weeks at half pay will, for the Murray PHN Enterprise Agreement 2022 Page | 35 ...

...come either the Primary Carer or non-Primary Carer of the Child, as appropriate; (b) the particulars of any parental leave taken or proposed to be taken or applied for by the Employee's Spouse; Murray PHN Enterprise Agreement 2022 Page 136 purpose of calculating continuous service, have nine (9) weeks of continuous service recognised. 35.6.4 Company paid Parental Leave is in addition to any relevan...

...ill become either the Primary Carer or non-Primary Carer of the Child, as appropriate; (b) the particulars of any parental leave taken or proposed to be taken or applied for by the Employee's Spouse; Murray PHN Enterprise Agreement 2022 Page | 36 ...

...tarted). 35.8.5.6 If the Employer agrees, the Eligible Employee may change a day on which the Employee takes Flexible Long Parental Leave from a day specified in the previously supplied notice. Murray PHN Enterprise Agreement 2022 Page J 37 35.8.2 At least four (4) weeks before the intended commencement of Parental Leave, the Eligible Employee must confirm in writing the intended start and end date...

... has started). 35.8.5.6 If the Employer agrees, the Eligible Employee may change a day on which the Employee takes Flexible Long Parental Leave from a day specified in the previously supplied notice. Murray PHN Enterprise Agreement 2022 Page | 37 ...

...request must specify: (i) any amount of Long Parental Leave that the other member of the Employee Couple has taken, or will have taken in relation to the Child before the extension starts ; and Murray PHN Enterprise Agreement 2022 Page 138 35.9 Variation of Parental Leave period (up to 12 months) 35.9.1 Where an Eligible Employee has: (a) given notice of the taking of a period of Long Parental Leav...

...a) the request must specify: (i) any amount of Long Parental Leave that the other member of the Employee Couple has taken, or will have taken in relation to the Child before the extension starts; and Murray PHN Enterprise Agreement 2022 Page | 38 ...

...il itate a return to that employment after the end of the period of leave ; (b) both the Eligible Employee and Employer consent to the Employee performing work for the Employer on that day; and Murray PHN Enterprise Agreement 2022 Page I 39 (ii) if the other member of the Employee Couple has given notice to take Flexible Long Parental Leave, the request must specify the number of flexible days that...

...r to facilitate a return to that employment after the end of the period of leave; (b) both the Eligible Employee and Employer consent to the Employee performing work for the Employer on that day; and Murray PHN Enterprise Agreement 2022 Page | 39 ...

... Employee takes paid no safe job leave for the risk period, the Employer must pay the Employee at the Employee's ordinary rate of pay for the Employee's ordinary hours of work in the risk period. Murray PHN Enterprise Agreement 2022 Page 140 (c) the day is not within: (i) 14 days (if requested by the Eligible Employee) after the date of birth, or Day of Placement, of the Child to which the period of ...

... the Employee takes paid no safe job leave for the risk period, the Employer must pay the Employee at the Employee's ordinary rate of pay for the Employee's ordinary hours of work in the risk period. Murray PHN Enterprise Agreement 2022 Page | 40 ...

...birth-related leave. (a) If: (i) (ii) a Child is Stillborn; and the Employee would have been entitled to unpaid parental leave that is birth-related leave, if the child had been born alive; Murray PHN Enterprise Agreement 2022 Page 141 35.14.3 If an Employee, during the six (6) week period before the expected date of birth, is on paid no safe job leave, the Employer may request that the Employe...

...to unpaid birth-related leave. (a) If: (i) a Child is Stillborn; and (ii) the Employee would have been entitled to unpaid parental leave that is birth-related leave, if the child had been born alive; Murray PHN Enterprise Agreement 2022 Page | 41 ...

...n relation to the placement, the Eligible Employee's entitlement to adoption or Custodial Leave is not affected , unless the Employer gives written notice under subclause 35.18.2(b )(ii)b below. Murray PHN Enterprise Agreement 2022 Page 142 then the Employee is taken to be entitled to the unpaid parental leave, despite the Stillbirth of the Child. 35.17.2 Cancelling leave or returning to work (a) If...

...leave in relation to the placement, the Eligible Employee's entitlement to adoption or Custodial Leave is not affected, unless the Employer gives written notice under subclause 35.18.2(b)(ii)b below. Murray PHN Enterprise Agreement 2022 Page | 42 ...

... not be earlier than six (6) weeks after the date of birth of the Child . 35.21.4 The Employee's entitlement to Parental Leave in relation to the Child ends immediately before the specified day. Murray PHN Enterprise Agreement 2022 Page 143 b) The Employer will nominate a time not exceeding four (4) weeks from receipt of notification for the Employee's return to work. This notification will be provi...

..., must not be earlier than six (6) weeks after the date of birth of the Child. 35.21.4 The Employee's entitlement to Parental Leave in relation to the Child ends immediately before the specified day. Murray PHN Enterprise Agreement 2022 Page | 43 ...

...e payment under subclause 37.1.1, the Employee must give the Employer proof of attendance, the duration of such attendance and the amount of jury service pay received for the jury service period. Murray PHN Enterprise Agreement 2022 Page I 44 35.22 Employment Flexibility post Long Parental Leave 35.22.1 An Employee entitled to Long Parental Leave may request the Employer to allow the Employee: (a) to...

...ceive payment under subclause 37.1.1, the Employee must give the Employer proof of attendance, the duration of such attendance and the amount of jury service pay received for the jury service period. Murray PHN Enterprise Agreement 2022 Page | 44 ...

...monwealth, a State or a Territory; or (b) a firefighting, civil defence or rescue body, or part of such a body; or (c) any other body, or part of a body, a substantial purpose of which involves: Murray PHN Enterprise Agreement 2022 Page 145 37.1.5 When Jury Service pay is received by the Employee, the Employee must make payment of an amount equal to the jury service pay received, directly to the Emp...

...e Commonwealth, a State or a Territory; or (b) a firefighting, civil defence or rescue body, or part of such a body; or (c) any other body, or part of a body, a substantial purpose of which involves: Murray PHN Enterprise Agreement 2022 Page | 45 ...

...scribed in this subclause 37.2 will not be deducted from other accrued leave entitlements and shall count as continuous service for all purposes. 38 Cultural, Ceremonial and Religious Leave 38.1 Murray PHN recognises the diversity of individuals employed by Murray PHN and in doing so provides for Religious and/or Cultural Leave specific to the Employee's own religious and/or cultural identification. ...

...rom other accrued leave entitlements and shall count as continuous service for all purposes. 38 Cultural, Ceremonial and Religious Leave 38.1 recognises the diversity of individuals employed by Murray PHN and in doing so provides for Religious and/or Cultural Leave specific to the Employee's own religious and/or cultural identification. 38.2 Employees are eligible to take Cultural , Ceremonia l an...

...person is not a member of the Employee's Immediate Family or household but is nonetheless significant to the Employee, smoking or cleansing and sacred site or land ceremonies, and preparation for Murray PHN Enterprise Agreement 2022 Page 146 (i) securing the safety of persons or animals in an emergency or natural disaster; or (ii) protecting property in an emergency or natural disaster; or (iii) othe...

...e prescribed in this subclause 37.2 will not be deducted from other accrued leave entitlements and shall count as continuous service for all purposes. 38 Cultural, Ceremonial and Religious Leave 38.1 Murray PHN recognises the diversity of individuals employed by Murray PHN and in doing so provides for Religious and/or Cultural Leave specific to the Employee's own religious and/or cultural identification. 38...

...ted from other accrued leave entitlements and shall count as continuous service for all purposes. 38 Cultural, Ceremonial and Religious Leave 38.1 recognises the diversity of individuals employed by Murray PHN and in doing so provides for Religious and/or Cultural Leave specific to the Employee's own religious and/or cultural identification. 38.2 Employees are eligible to take Cultural, Ceremonial and Reli...

...sed person is not a member of the Employee's Immediate Family or household but is nonetheless significant to the Employee, smoking or cleansing and sacred site or land ceremonies, and preparation for Murray PHN Enterprise Agreement 2022 Page | 46 ...

...o : (a) up to three (3) days' paid leave per financial year for the purpose of fulfilling or observing cultural, ceremonial or religious obligations. 39 Family and Domestic Violence Leave 39.1 Murray PHN recognises Employees may face situations of violence or abuse in their personal life that may affect their attendance and/or performance at work. 39.2 In this clause, Family Member means: (a) a ...

...h the Employee was rostered. 39.4.1.3 Subclause 39.4.1 .2 does not prevent a casual Employee from taking a period of paid family and domestic violence leave that does not include hours for which Murray PHN Enterprise Agreement 2022 Page [ 47 and attending community organisation business, National Aboriginal and Islander Day Observation Committee Week functions, or other relevant cultural events. 38....

...titled to: (a) up to three (3) days' paid leave per financial year for the purpose of fulfilling or observing cultural, ceremonial or religious obligations. 39 Family and Domestic Violence Leave 39.1 Murray PHN recognises Employees may face situations of violence or abuse in their personal life that may affect their attendance and/or performance at work. 39.2 In this clause, Family Member means: (a) a curre...

...r which the Employee was rostered. 39.4.1.3 Subclause 39.4.1.2 does not prevent a casual Employee from taking a period of paid family and domestic violence leave that does not include hours for which Murray PHN Enterprise Agreement 2022 Page | 47 ...

...yer from disclosing information provided by an Employee if the disclosure is required by an Australian law or is necessary to protect the life, health or safety of the Employee or another person. Murray PHN Enterprise Agreement 2022 Page 148 the Employee is rostered to work. However, the Employer is not required to pay the Employee in relation to such a period. 39.4.2 The 15 days paid Family and Dome...

...mployer from disclosing information provided by an Employee if the disclosure is required by an Australian law or is necessary to protect the life, health or safety of the Employee or another person. Murray PHN Enterprise Agreement 2022 Page | 48 ...

...rief descriptor of the proposed professional/personal development. 40.4 Professional Development 40.4.1 Where the education relates to the Employee's current position or likely positions within Murray PHN, an Employee may be granted up to 15.2 hours paid leave per annum to assist them with their studies. 40.5 Personal Development 40 .5.1 40 .5.2 Where an Employee has three (3) completed years...

...est for the Employee to work on a public holiday, and the Employee works on the public holiday, the Employee will be entitled to be paid in accordance with clause 26 (Payment on Public Holidays). Murray PHN Enterprise Agreement 2022 Page 149 40 Education and Study Leave 40.1 The Employer encourages Employees to study and improve their skills, knowledge and qualifications that support them in their em...

...de a brief descriptor of the proposed professional/personal development. 40.4 Professional Development 40.4.1 Where the education relates to the Employee's current position or likely positions within Murray PHN, an Employee may be granted up to 15.2 hours paid leave per annum to assist them with their studies. 40.5 Personal Development 40.5.1 Where an Employee has three (3) completed years of service with t...

...mployer has made a reasonable request for the Employee to work on a public holiday, and the Employee works on the public holiday. the Employee will be entitled to be paid in accordance with clause 26 Murray PHN Enterprise Agreement 2022 Page | 49 ...

...king day as the exchanged public holiday. (ii) Employees requesting the substituted public holiday are to advise their Manager in writing, within the pay period immediately prior to 26 January. Murray PHN Enterprise Agreement 2022 Page I 50 41.7 Meaning of a Public Holiday. 41.7.1 Employees will be entitled to the following gazetted Public Holidays. (a) New Year's Day; (b) 26 January/Australia Day;...

...st working day as the exchanged public holiday. (ii) Employees requesting the substituted public holiday are to advise their Manager in writing, within the pay period immediately prior to 26 January. Murray PHN Enterprise Agreement 2022 Page | 50 ...

...d it shall be deemed not to have interrupted the period of the HDA and the relieving Employee shall be paid HDA for the public holiday provided that those duties extend beyond the public holiday. Murray PHN Enterprise Agreement 2022 Page 151 41.10 During the life of this Agreement, the Employer may include alternative company-wide substituted public holidays arrangements. 41.11 Unless otherwise refer...

...eriod it shall be deemed not to have interrupted the period of the HDA and the relieving Employee shall be paid HDA for the public holiday provided that those duties extend beyond the public holiday. Murray PHN Enterprise Agreement 2022 Page | 51 ...

...Level 1 $60.48 $62.29 $63.54 $64.49 Level 2 $63.06 $64.95 $66.25 $67 .24 Grade 7 Level 3 $65.64 $67.6 1 $68.96 $69.99 Level 4 $68.22 $70.27 $71.68 $72.76 Level 5 $70.79 $72.91 $74.37 $75.49 Murray PHN Enterprise Agreement 2022 Page I 52 =25.70 321120 321 70 81545 50p.21 354 50 855.00 259.001 16E -29 877,24 SCHEDULES 44 Schedule A: Rates of Pay Effective First full pay Effective First full pay ...

...61.68 $62.61 Level 1 $60.48 $62.29 $63.54 $64.49 Level 2 $63.06 $64.95 $66.25 $67.24 Grade 7 Level 3 $65.64 $67.6 $68.96 $69.99 Level 4 $68.22 $70.27 $71.68 $72.76 Level 5 $70.79 $72.91 $74.37 $75.49 Murray PHN Enterprise Agreement 2022 Page | 52 ...

...and systems. Communication • Possesses clear communication and interpersonal skills . and • Establishes and maintains professional working relationships internally and Relationships externally. Murray PHN Enterprise Agreement 2022 Page [ 53 45 Schedule B: Classification Descriptors Overview · An entry level position with limited or minimal work experience (generally less than two (2) years). · The ...

...cations and systems. Communication · Possesses clear communication and interpersonal skills. an Relationships · Establishes and maintains professional working relationships internally and externally. Murray PHN Enterprise Agreement 2022 Page | 53 Grade 1 Grade 2 ...

...roved plans, communicates objectives, monitors, and reports on the deliverables progress. Leadership • Works either in a team or individually. • Responsible for se lf-leadership of work tasks. Murray PHN Enterprise Agreement 2022 Page 154 Responsibility · Responsible for work performed with a medium level of accountability or and discretion. Accountability · Applies discretion and judgment to work...

...ents approved plans, communicates objectives, monitors, and reports on the deliverables progress. Leadership · Works either in a team or individually. · Responsible for self-leadership of work tasks. Murray PHN Enterprise Agreement 2022 Page | 54 Grade 3 Grade 4 ...

... team or individually. • Responsible for self-leadership of work tasks. • Provides leadership to others to effect completion of work tasks that may involve other Employees across the business. Murray PHN Enterprise Agreement 2022 Page j 55 · Able to orient colleagues to known business systems and processes. · Capable of supporting task-based learning and development of Employees at Grades 1 and 2 ...

...er in a team or individually. · Responsible for self-leadership of work tasks. · Provides leadership to others to effect completion of work tasks that may involve other Employees across the business. Murray PHN Enterprise Agreement 2022 Page | 55 ...

...lopment, recommendation and implementation of goals and objectives. Recommends solutions or alternative courses of actions and is concerned with the development of more efficient work practices. Murray PHN Enterprise Agreement 2022 Page 156 Overview In addition to Grade 4: · The incumbent is regarded as having a professional position with a high degree of autonomy and accountability in delivering mu...

... development, recommendation and implementation of goals and objectives. Recommends solutions or alternative courses of actions and is concerned with the development of more efficient work practices. Murray PHN Enterprise Agreement 2022 Page | 56 Grade 5 Leadership ...

...Organisation 's objectives , strategies, performance indicators and industry trends for the purposes of managing the scoping, implementation, and delivery of Activities /program and/or projects. Murray PHN Enterprise Agreement 2022 Page 157 Leadership · Responsible for leading small teams and/or projects within a field of responsibility. · Responsible and accountable for the allocation, quality, and...

...of the Organisation's objectives, strategies, performance indicators and industry trends for the purposes of managing the scoping, implementation, and delivery of Activities /program and/or projects. Murray PHN Enterprise Agreement 2022 Page | 57 Grade 6 ...

...position requires comprehensive knowledge of the Organisation's operational deliverables and strategic direction. • Positions are accountable for an area or function which carries a si nificant, Murray PHN Enterprise Agreement 2022 Page 158 · The level of work requires, identification, development and detailed analysis of alternative actions and their implications, addressing difficulties/problems i...

... The position requires comprehensive knowledge of the Organisation's operational deliverables and strategic direction. · Positions are accountable for an area or function which carries a significant, Murray PHN Enterprise Agreement 2022 Page | 58 Grade 7 A ...

...cal responsibilities are defined by Operational Instrument of Delegation. • Formulate new policies and practices that affect the fundamental body of knowledge on which the Organisation depends. Murray PHN Enterprise Agreement 2022 Page I 59 legal, regulatory, political, or reputational risk which is managed by the position on behalf of the Organisation. Qualifications . The work at this level requi...

...s. Fiscal responsibilities are defined by Operational Instrument of Delegation. · Formulate new policies and practices that affect the fundamental body of knowledge on which the Organisation depends. Murray PHN Enterprise Agreement 2022 Page | 59 ...

...sibility and/or across the Organisation , including , but not limited to, adaptation of system and workflow arrangements, and alignment of people capabilities with change management initiatives. Murray PHN Enterprise Agreement 2022 Page 160 . Provide recommendations on a consistent basis that influence the overall direction and/or strategic direction of the organisation and or key operational issues...

... responsibility and/or across the Organisation, including, but not limited to, adaptation of system and workflow arrangements, and alignment of people capabilities with change management initiatives. Murray PHN Enterprise Agreement 2022 Page | 60 ...

... SIGNATORIES 46 Signatories SIGNED for and on behalf of Murray PHN Limited, its authorised officer: Signed Date Name in full Matthew Jones Position Chief Executive Officer Address (work) 3-5 View Point Bendigo VIC 3550 Witness: (name in full) Witness Signature and date SIGNED for and on behalf of the Employees of Murray PHN Limited, by its Employee Representatives Signed Date ...

...Matthew Jones Position Chief Executive Officer Address (work) 3-5 View Point Bendigo VIC 3550 Witness: (name in full) Witness Signature and date SIGNED for and on behalf of the Employees of Murray PHN Limited, by its Employee Representatives Signed Date Name in full Simone Lukacs Position Address (work) 3-5 View Point Bendigo VIC 3550 Witness: (name in full) Witness Signature and da...

...rk) 3-5 View Point Bendigo VIC 3550 Witness: (name in full) Witness Signature and date Signed Date Name in full Position Address Witness: (name in full) Witness Signature and date Murray PHN Enterprise Agreement 2022 Page\ 61 SIGNATORIES 46 Signatories SIGNED for and on behalf of Murray PHN Limited, its authorised officer: Signed Date 6 March 2023 Name in full Matthew Jones Position C...

...igned Date Name in full Position Address Witness: (name in full) Witness Signature and date Enterprise Agreement 2022 Page\ 61 SIGNATORIES 46 Signatories SIGNED for and on behalf of Murray PHN Limited, its authorised officer: Signed Date 6 March 2023 Name in full Matthew Jones Position Chief Executive Officer Address (work) 3-5 View Point Bendigo VIC 3550 Witness: (name in full) ROSLYN LEA...

...hief Executive Officer Address (work) 3-5 View Point Bendigo VIC 3550 Witness: (name in full) ROSLYN LEANNE BESTER Witness Signature and date 6 March 2013 SIGNED for and on behalf of the Employees of Murray PHN Limited, by its Employee Representatives Signed Date 28 Fev 23 Name in full Simone Lukacs Position Communications Multimedia Specialist; / Employee Bargaining Representative Address (work) 3-5 View P...

...3-5 View Point Bendigo VIC 3550 Witness: (name in full) AMITY BRADFORD Witness Signature and date 28/02/23 Signed Date Name in full Position Address Witness: (name in full) Witness Signature and date Murray PHN Enterprise Agreement 2022 Page | 61 ...

... Name in full Position Address Witness: (name in full) Witness Signature and date Signed Date Name in full Position Address Witness: (name in full) Witness Signature and date Murray PHN Enterprise Agreement 2022 Page I 62 Signed Date Name in full Position Address Witness: (name in full) Witness Signature and date Signed Date Name in full Position Address Witness: (name in full) W...

...ture and date Signed Date Name in full Position Address Witness: (name in full) Witness Signature and date Signed Date Name in full Position Address Witness: (name in full) Witness Signature and date Murray PHN Enterprise Agreement 2022 Page | 62 ...

... Page 1 of 1 THE FAIR WORK COMMISSION Attention: Deputy President Dean To Deputy President Dean FWC Matter No AG2023/522 Application for approval of the Murray PHN Enterprise Agreement 2022 Applicant: Murray PHN Limited Section 185 – Application for approval of a single enterprise agreement Undertaking – Section 190 I, Beverley Sutherland, Director and P...

... THE FAIR WORK COMMISSION Attention: Deputy President Dean To Deputy President Dean FWC Matter No AG2023/522 Application for approval of the Enterprise Agreement 2022 Applicant: Murray PHN Limited Section 185 – Application for approval of a single enterprise agreement Undertaking – Section 190 I, Beverley Sutherland, Director and People and Culture have the authority given to me...

...ited Section 185 – Application for approval of a single enterprise agreement Undertaking – Section 190 I, Beverley Sutherland, Director and People and Culture have the authority given to me by Murray PHN to give the following undertakings with respect to the Murray PHN Enterprise Agreement 2022 ("the Agreement"): 1. Clause 30.9.3 will be applied consistent with ss324-326 of the Act and no ded...

... enterprise agreement Undertaking – Section 190 I, Beverley Sutherland, Director and People and Culture have the authority given to me by to give the following undertakings with respect to the Murray PHN Enterprise Agreement 2022 ("the Agreement"): 1. Clause 30.9.3 will be applied consistent with ss324-326 of the Act and no deduction will be made from an employee’s accrued NES entitlements. ...

Fair Work Act 2009
s.185—Enterprise agreement

Murray PHN Limited
(AG2023/522)

MURRAY PHN ENTERPRISE AGREEMENT 2022

Health and welfare services

DEPUTY PRESIDENT DEAN CANBERRA, 13 MARCH 2023

Application for approval of the Murray PHN Enterprise Agreement 2022.

[1] An application has been made for approval of an enterprise agreement known as the
Murray PHN Enterprise Agreement 2022 (the Agreement). The application was made
pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murray PHN
Limited (Employer). The Agreement is a single enterprise agreement.

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

[3] Subject to the undertaking 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from
20 March 2023. The nominal expiry date of the Agreement is 1 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE519467 PR760227

[2023] FWCA 782

DECISION
FairWork

Commission

* AUSTRALIA FairWork Commission MORAL LA Del THE FAIR WORK COMMISSION THE SEAL

[2023] FWCA 782

Annexure A

THE FAIR V\iORK COMMISSION

Attention: Deputy President Dean

To Deputy President Dean

FWC Matter No AG2023/522

Application for approval of the Mu"ay PHN Enterprise Agreement 2022

Applicant: Murray PHN Limited

Section 185 - Application for approval of a single enterprise agreement

Undertaking - Section 190

An Australian Government Initiative

I, Beverley Sutherland, Director and People and Culture have the authority given to me by Murray PHN
to give the following undertakings with respect to the Murray PHN Enterprise Agreement 2022 ("the
Agreement"):

1. Clause 30.9.3 will be applied consistent with ss324-326 of the Act and no deduction will be made
from an employee's accrued N ES entitlements.

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

' t ,
--. 1.t,v

Signature -~,,.-l;dV~ ---------

Date 10 March 2023

fill Lcaocwiip ... CollJbo•at on cy Respect f Innovation .,/ Account1bility

Page1of1

THE FAIR WORK COMMISSION Attention: Deputy President Dean To Deputy President Dean FWC Matter No AG2023/522 Application for approval of the Murray PHN Enterprise Agreement 2022 Applicant: Murray PHN Limited Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Beverley Sutherland, Director and People and Culture have the authority given to me by Murray PHN to give the following undertakings with respect to the Murray PHN Enterprise Agreement 2022 ("the Agreement"): 1. Clause 30.9.3 will be applied consistent with ss324-326 of the Act and no deduction will be made from an employee's accrued NES entitlements These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature Date 10 March 2023

phn MURRAY

Respect

Innovation

Accountability Page 1 of 1

MURRAY PHN
ENTERPRISE AGREEMENT 2022

An Australian Government Initiative

PART 1: APPLICATION

1 Title ........... .. .. ... .... .... .. ...... ..... .. ... .... ..... ... .................. ... .... .... .... .. ................ .. .......... ........ ......... ... .. ..... 3

2 Definitions ...... .. ...... .. ... ... .. .. .......... ..... ............ ......... ... .. ... ... ... ..... ...... .... .......... .... .... ..... ......... ....... ... .. . 3

3 Incidence of Agreement ..... ..... ... .. .. .... ......... ..... .. ....... ... ........ ..... .... ..... ........ ....... ............... ...... .. ... ..... 3

4 Commencement Date and Period of Operation ... ..................... ... ....... ... ... .. ... .. .... ..... ....... ..... ....... ..... 3

5 Relationship to other Awards and Agreements ...... ... .... .. .... ... ..... .......... .............. .. ..... ... .. ..... ... .. ....... 4

6 No Extra Claims ........................ ..... .. ... ... ... ........ ..... ..... ................. ..... ......... .... ..... ..... .. .. .. ... .... ...... .... . 4

7 Variations To Agreement ..... ... ... .. ..... ...... .. ..... .. ...... ... ...... ......... ....... ... ............................ .... .. .. ... ... ... . 4

PART 2: CONSULATION AND DISPUTE RESOLUTION

8 Consultation for Major Change .... ..... ....... .. ..... ........... ...... .. ...................... ... .. ... .... ... .. ........ ... ..... ...... . 4

9 Individual Flexibility Provision ... ... ...... .... ... ..... ...... ... ..... ........ .... ... ....... ................ .. ...... ... .. ... ..... ... .. .... 6

10 Dispute Resolution Procedure .... ........ ...... ..... .... .... .. .... ..... ... ...... ........ ... .. .. ..... .. .... ...... ....... .......... .. ... 7

11 Employment Categories ..... ......... ...... .... .. .. ..... ... .... ...... ......... ....... ..... ... ...... ...... ..... .... .............. ... ... .... 8

PART 3: EMPLOYMENT and EMPLOYMENT RELATIONSHIP

12 Types of Employment ... .. ... ....... ....... .. ... ... .. ... ...... ...... ................... ... ................ ............ ..... ... ....... .. .... 8

13 Labour Flexibility . ......... .. ... ..... .. ... .... .......... ..... ....... ...... ............... .... ... ...... ....... .. .... .. ....... .......... .. .. ... .. 9

14 Termination of Employment ....... ....... ....... ..... ....... ... ....... ... .......... ........ ............................. ....... .... ... 10

15 Redundancy ............................................... .. ...... ..... ..... .... ......... ....... ... ... ...... ...... ... .......... .. ... .. ...... . 11

16 Appointments and Promotions ..... ..... ......... .. ...... ... ...... ... ... ..... .... ... .... .. ...... ........ .. .... ... .. ... ..... .. .. ... .. . 14

17 Employee Assistance Program (EAP) .......... ....... .. .. ..... ..... ... .... ....... ... ... ... .... ... ....... .. ... ...... .......... ... 15

PART 4: REMUNERATION and RELATED MATTERS

18 Remuneration ..... ... ......... .... .. .... ... ...... .............. ..... ....... ........ ... .. ....... .. .. ..... ....... ... ........ ...... ... ..... .... . 15

19 Payment of Wages ... .. .. ..... ... .. .......... ....... ....... ....... ... ... .................................... ... .... ..... ...... ........ .. ... 15

20 Superannuation ........ .... ....... ...... ... .. ... ....... .. .......... ......... ............. ...... ..... ... ... ........... ......... ... ........ ... 16

21 Salary Packaging .. ...... ... .......... ... ......... .... ..... ... .. .... .... .. .... .. .. .... ......... ...... ... ........ .... ..... ........ .......... . 16

22 Accident Make Up Pay ... ..... ...... ... ... .. ........ .. ........ ..... ... ... ... ......... ..... .. ... ... ..... ... ..... ...... .... ...... ..... ..... 17

MURRAY PHN ENTERPRISE AGREEMENT 2022 PART 1: APPLICATION 1 Title. 3 2 Definitions 3 3 Incidence of Agreement .3 4 Commencement Date and Period of Operation 3 5 Relationship to other Awards and Agreements 4 6 No Extra Claims 4 7 Variations To Agreement 4 PART 2: CONSULATION AND DISPUTE RESOLUTION 8 Consultation for Major Change 4 9 Individual Flexibility Provision 6 10 Dispute Resolution Procedure .7 11 Employment Categories. 8 PART 3: EMPLOYMENT and EMPLOYMENT RELATIONSHIP 12 Types of Employment 8 13 Labour Flexibility. 9 14 Termination of Employment .10 15 Redundancy 11 16 Appointments and Promotions 14 17 Employee Assistance Program (EAP) 15 PART 4: REMUNERATION and RELATED MATTERS 18 Remuneration 15 19 Payment of Wages. 15 20 Superannuation 16 21 Salary Packaging 16 22 Accident Make Up Pay .. 17

phn MURRAY

PART 5: WORK ARRANGEMENTS

23 Hours of work .... ....................................... ........ .. ....... .... ...... .. ...... ................. .. .. ....... ... .... ....... ... ..... . 18

24 TimeoffinLieu .............. ....... ... .. ...... ........... .... ... .......... ........... ....................... .. .... .......................... 19

25 Overtime ..... ... ...... .... .... ..... ..... ..... ..................... .... .. ... ......... .. .. .... .............. ... .... .. ..... ........ ....... ....... .. 20

26 Payment on Public Holidays ......... ............ ........ .... ........ ....................... ............. ... ... .... .. ......... .. ...... 21

27 Meal and Rest Intervals ................... .. .. .. ... ...... ............. .... .... ....... ...... .. ...... ............. ....... .. ........... ... . 21

28 Stand down ........ ............ .... ..... .... .... ...... .... ............................................ .. ..... ..... ... ..... .. ........ ... ........ 21

29 Shiftworkers ..... ....... ..... ........... ..... ..... ................. .. .... .... ..... .. ...... ....... ........... .... ....... ......... ..... .... .. .. .. 22

PART 6: LEAVE

30 Annual Leave ..... .. ...................... .. .. ........ ................ ....... ...... .. ........ ... ... ......... ... .... .... ... .... .... ..... .. ..... 22

31 Personal/Carer's Leave ...... ......... ... ... ...... ... ... ... ..................... ... ... ... .... ..... ...... ............... .. ... ... ... .. .... 26

32 Life Leave ... .. .................... ... ..... .. ..... ............... .. ... ...... .. .... ..... ..................... ... ... ........ ... .... ....... .. ...... 27

33 Compassionate Leave ..... ..... ..... ... .... ... ..... .... .... .... ......... .. ... ............................ .. .... .. ... ..... .. ..... ........ 28

34 Long Service Leave ..... .......... ....... .... .............. ... ...... .. ... ...... ........ ... .. ........... ... .. ............ ........ .. ........ 28

35 Parental Leave ............. .... .. ................ ........ ......... .. .. ... ..... ... ...... ......... ...... .... .... .. ....... ... ................... 29

36 Leave without Pay .......... .... ...... .. .... .... .... ........... .... ..... .. .... ... .... ....... ..... ... ..... .. .. ..... ........... ........... ... 44

37 Community Service Leave .......... ...... ............ .......... ............ .. ... .... .... .... .. ...... .... ................... .... ... .... 44

38 Cultural, Ceremonial and Religious Leave ... ........ .... .... ..... .... .............. ....... ......... .... ... ..... .... .. ... ... .. .46

39 Family and Domestic Violence Leave .. ...... ....... ... ..... ... .. ........... ....... ...... .. .... ......... .. ............ .. ...... .. . 47

40 Education and Study Leave ..... ..... ... ... .. .... ..... ....... .. .. ........ ... .. .. ......... ... ..... ... .. .......... ... ...... ...... ....... 49

41 Public Holidays ....... .. ....... .. ..... .. ...... .. ..... ........ ..... ..... ....... .. ... ...... .. .... .. ..... ... ....... .. .... .. .... .... .... ... .. ... . 49

PART 7: ALLOWANCES

42 Travelling Allowance .... ... ..... ... ... ..... .... ....... ..... .. ... ..... ... .... .. .. ......... .... .................. .... .......... ... .......... 51

43 Higher Duties Allowance ..... ...... .. .. .. .... ... .. ...... ... .... ................................................ ............ ...... .... ... 51

SCHEDULES

44 Schedule A: Rates of Pay ................ .... ...... ... .. .... .... .. ....... ..... ... ....... ..... .. ..... .. ..... ......... .... .......... ..... 52

45 Schedule B: Classification Descriptors ......... .. ... .... ... ...... .. .... ... .. .......... .. ....... ..... ............................. 53

SIGNATORIES

46 Signatories .. ... ... ..... ... ....... ..... ............. .. ... ....... ... .... ..... .................... ............ .... .... ... ...... ....... ...... .... .. 61

Murray PHN Enterprise Agreement 2022 Page 12

PART 5: WORK ARRANGEMENTS 23 Hours of work 18 24 Time off in Lieu 19 25 Overtime 20 26 Payment on Public Holidays 21 27 Meal and Rest Intervals 21 28 Stand down. .21 29 Shiftworkers 22 PART 6: LEAVE 30 Annual Leave. 22 31 Personal/Carer's Leave .26 32 Life Leave .27 33 Compassionate Leave 28 34 Long Service Leave 28 35 Parental Leave 29 36 Leave without Pay 44 37 Community Service Leave 44 38 Cultural, Ceremonial and Religious Leave 46 39 Family and Domestic Violence Leave 47 40 Education and Study Leave 49 41 Public Holidays 49 PART 7: ALLOWANCES 42 Travelling Allowance .51 43 Higher Duties Allowance 51 SCHEDULES 44 Schedule A: Rates of Pay .52 45 Schedule B: Classification Descriptors. 53 SIGNATORIES 46 Signatories. .61 Murray PHN Enterprise Agreement 2022 Page | 2

wongr
Undertaking

PART ONE: APPLICATION

1 Title

This Agreement shall be known as the Murray PHN Enterprise Agreement 2022.

2 Definitions

2.1 Act shall mean the Fair Work Act 2009 (Cth) (as amended or replaced from time to time).

2.2 Agreement shall mean the Murray PHN Enterprise Agreement 2022.

2.3 Classification Grade shall mean a Classification Grade in Schedule B of this Agreement.

2.4 Employee shall mean:

2.4.1 A person who is:

(a) Employed by the Employer on a Continuing (Full-time or Part-time), Casual or
Maximum-term basis; and

(b) Appointed to a Classification Grade in Schedule B of this Agreement.

2.4.2 For the avoidance of doubt, any trainee, apprentice, Doctor, or Clinical provision roles
employed by the Employer shall not be covered by this Agreement.

2.5 Employer shall mean the Murray PHN Limited.

2.6 Immediate Family/ Immediate Family Member shall mean:

2.6.1 a spouse (including a de facto spouse), and/or a former spouse of the Employee. The
term de facto spouse means a person who lives with the Employee as their spouse /
partner on a bona fide domestic basis.

2.6.2 a parent, sibling , child , adopted child, stepchild, parent-in-law, sibling-in-law, nibling,
grandparent or grandchild of the Employee; or

2.6.3 any other next of kin , significant other, or a person related to the Employee according to
First Nations kinship rules, and as agreed to between the Employee and their Manager.

2.7 Manager shall mean the person to whom the Employee directly reports.

2.8 National Employment Standards or NES means Part 2-2 of the Act as amended from time to
time.

3 Incidence of Agreement

3.1 This Agreement shall apply to and be binding on:

3.1.1 The Murray PHN Limited; and

3.1.2 Employees of Murray PHN who fall within the definition at subclause 2.4 above.

4 Commencement Date and Period of Operation

4.1 This Agreement shall come into operation on the seventh day after the Agreement has been
approved by Fair Work Commission.

4.2 The Agreement will nominally expire on 01 March 2026.

4.3 The Agreement will continue to operate after the nominal expiry date in accordance with the
provisions of the Act.

Note: For information regarding initiating enterprise bargaining please reference the Act - Part 2-4 Enterprise
Agreements

Murray PHN Enterprise Agreement 2022 Page 13

PART ONE: APPLICATION 1 Title This Agreement shall be known as the Murray PHN Enterprise Agreement 2022. 2 Definitions 2.1 Act shall mean the Fair Work Act 2009 (Cth) (as amended or replaced from time to time). 2.2 Agreement shall mean the Murray PHN Enterprise Agreement 2022. 2.3 Classification Grade shall mean a Classification Grade in Schedule B of this Agreement. 2.4 Employee shall mean: 2.4.1 A person who is: (a) Employed by the Employer on a Continuing (Full-time or Part-time), Casual or Maximum-term basis; and (b) Appointed to a Classification Grade in Schedule B of this Agreement. 2.4.2 For the avoidance of doubt, any trainee, apprentice, Doctor, or Clinical provision roles employed by the Employer shall not be covered by this Agreement. 2.5 Employer shall mean the Murray PHN Limited. 2.6 Immediate Family/ Immediate Family Member shall mean: 2.6.1 a spouse (including a de facto spouse), and/or a former spouse of the Employee. The term de facto spouse means a person who lives with the Employee as their spouse / partner on a bona fide domestic basis. 2.6.2 a parent, sibling, child, adopted child, stepchild, parent-in-law, sibling-in-law, nibling, grandparent or grandchild of the Employee; or 2.6.3 any other next of kin, significant other, or a person related to the Employee according to First Nations kinship rules, and as agreed to between the Employee and their Manager. 2.7 Manager shall mean the person to whom the Employee directly reports. 2.8 National Employment Standards or NES means Part 2-2 of the Act as amended from time to time. 3 Incidence of Agreement 3.1 This Agreement shall apply to and be binding on: 3.1.1 The Murray PHN Limited; and 3.1.2 Employees of Murray PHN who fall within the definition at subclause bove. 4 Commencement Date and Period of Operation 4.1 This Agreement shall come into operation on the seventh day after the Agreement has been approved by Fair Work Commission. 4.2 The Agreement will nominally expire on 01 March 2026. 4.3 The Agreement will continue to operate after the nominal expiry date in accordance with the provisions of the Act. Note: For information regarding initiating enterprise bargaining please reference the Act - Part 2-4 Enterprise Agreements Murray PHN Enterprise Agreement 2022 Page | 3

5 Relationship to other Awards and Agreements

5.1 This is a comprehensive Agreement that operates to the exclusion of any Award , workplace
determination or other agreement which previously applied to Employees covered by this
Agreement.

5.2 This Agreement will be read and interpreted in conjunction with the NES. Where there is an
inconsistency between this Agreement and the NES, and the NES provides a greater benefit, or
where the Agreement is silent on an NES entitlement, the NES provision will apply to the extent of
the inconsistency/silence.

6 No Extra Claims

6.1 The Employees and Employer bound by this Agreement acknowledge that this Agreement settles
all claims in relation to the employment relationship between the parties, and in relation to the
terms and conditions of employment of the Employees to whom it applies. The parties agree that
they will not pursue any extra claims whatsoever pertaining to the employment relationship and the
terms and conditions of employment of the Employees during the term of this Agreement.

6.2 It is not the intent of this clause to inhibit, limit or restrict an Employer's right to introduce change at
the workplace or to prevent the parties from taking any action, including varying the Agreement, in
accordance with the Act.

7 Variations To Agreement

7.1 Subject to Part 2-4, Division 7 of the Fair Work Act 2009 (Cth) , this Agreement can be varied only
as agreed to by the parties.

PART 2: CONSULTATION AND DISPUTE RESOLUTION

8 Consultation for Major Change

8.1 The parties agree to co-operate in the management of workplace change to maximise mutual
benefits.

8.2 This term applies if the Employer:

(a) has made a definite decision to introduce a major change to production, program,
organisation, structure, or technology in relation to its enterprise that is likely to have a
significant effect on the Employees; or

(b) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.

8.3 Major change

8.3.1 For a major change referred to in clause 8.2(a):

(a) the Employer must notify the relevant Employees of the decision to introduce the
major change; and

(b) subclauses 8.3.2 to 8.3.8 apply.

8.3.2 The relevant Employees may appoint a representative for the purposes of the
procedures in this term.

8.3.3 If:

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

Murray PHN Enterprise Agreement 2022 Page 14

5 Relationship to other Awards and Agreements 5.1 This is a comprehensive Agreement that operates to the exclusion of any Award, workplace determination or other agreement which previously applied to Employees covered by this Agreement. 5.2 This Agreement will be read and interpreted in conjunction with the NES. Where there is an inconsistency between this Agreement and the NES, and the NES provides a greater benefit, or where the Agreement is silent on an NES entitlement, the NES provision will apply to the extent of the inconsistency/silence. 6 No Extra Claims 6.1 The Employees and Employer bound by this Agreement acknowledge that this Agreement settles all claims in relation to the employment relationship between the parties, and in relation to the terms and conditions of employment of the Employees to whom it applies. The parties agree that they will not pursue any extra claims whatsoever pertaining to the employment relationship and the terms and conditions of employment of the Employees during the term of this Agreement. 6.2 It is not the intent of this clause to inhibit, limit or restrict an Employer's right to introduce change at the workplace or to prevent the parties from taking any action, including varying the Agreement, in accordance with the Act. 7 Variations To Agreement 7.1 Subject to Part 2-4, Division 7 of the Fair Work Act 2009 (Cth), this Agreement can be varied only as agreed to by the parties. PART 2: CONSULTATION AND DISPUTE RESOLUTION 8 Consultation for Major Change 8.1 The parties agree to co-operate in the management of workplace change to maximise mutual benefits. 8.2 This term applies if the Employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of Employees. 8.3 Major change 8.3.1 For a major change referred to in clause (a) the Employer must notify the relevant Employees of the decision to introduce the major channe. and (b) subclauses apply. 8.3.2 The relevant Employees may appoint a representative for the purposes of the procedures in this term. 8.3.3 If: (a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and Murray PHN Enterprise Agreement 2022 Page | 4

(b) the Employee or Employees advise the Employer of the identity of the
representative.

the Employer must recognise the representative.

8.3.4 As soon as practicable after making its decision, the Employer must:

(a) discuss with the relevant Employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the Employees; and
(iii) measures the Employer is taking to avert or mitigate the adverse effect of the

change on the Employees; and
(b) for the purposes of the discussion - provide, in writing, to the relevant Employees:

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

(ii) information about the expected effects of the change on the Employees; and
(iii) any other matters likely to affect the Employees.

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

8.3.6 The Employer must give prompt and genuine consideration to matters raised about the
major change by the relevant Employees.

8.3.7 If a term in this Agreement provides for a major change to production, program,
organisation, structure or technology in relation to the enterprise of the Employer, the
requirements set out in subclause 8.2(a) and subclauses 8.3.2 and 8.3.4 are taken not to
apply.

8.3.8 In this term, a major change is likely to have a significant effect on Employees if it results
in:

(a) the termination of the employment of Employees; or
(b) major change to the composition , operation, or size of the Employer's workforce or

to the skills required of Employees; or
(c) the elimination or diminution of job opportunities (including opportunities for

promotion or tenure); or
( d) the alteration of hours of work; or
( e) the need to retrain Employees; or
(f) the need to relocate Employees to another workplace; or
(g) the restructuring of jobs.

8.4 Change to regular roster or ordinary hours of work

8.4.1 For a change referred to in clause 8.2(b):

(a) the Employer must notify the relevant Employees of the proposed change; and
(b) subclauses 8.4.2 to 8.4.6 apply.

8.4.2 The relevant Employees may appoint a representative for the purposes of the
procedures in this term.

8.4.3 If:

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

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

the Employer must recognise the representative .

Murray PHN Enterprise Agreement 2022 Page 15

(b) the Employee or Employees advise the Employer of the identity of the representative. the Employer must recognise the representative. 8.3.4 As soon as practicable after making its decision, the Employer must: (a) discuss with the relevant Employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the Employees; and (iii) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and (b) for the purposes of the discussion - provide, in writing, to the relevant Employees: (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the Employees; and (iii) any other matters likely to affect the Employees. 8.3.5 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 8.3.6 The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. 8.3.7 If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in subclause and subclauses anc are taken not to apply. 8.3.8 In this term, a major change is likely to have a significant effect on Employees if it results in: (a) the termination of the employment of Employees; or (b) major change to the composition, operation, or size of the Employer's workforce or to the skills required of Employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or the need to retrain Employees; or (f) the need to relocate Employees to another workplace; or (g) the restructuring of jobs. 8.4 Change to regular roster or ordinary hours of work 8.4.1 For a change referred to in clause (a) the Employer must notify the relevant Employees of the proposed change; and (b) subclauses tc apply. 8.4.2 The relevant Employees may appoint a representative for the purposes of the procedures in this term. 8.4.3 If: (a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative. Murray PHN Enterprise Agreement 2022 Page | 5

8.4.4 As soon as practicable after proposing to introduce the change, the Employer 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

(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 the Employer reasonably believes
are likely to affect the Employees.

( 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).

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

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

8.5 In this term relevant Employees means the Employees who may be affected by a change referred
to in clause 8.2.

9 Individual Flexibility Provision

9.1 The Employer and an Employee covered by this 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; and

(b) the arrangement meets the genuine needs of the Employer and Employee in relation to one
or more of the matters mentioned in subclause ~ and

9.2 The Employer must ensure the terms of the individual flexibility arrangement:

(a) are about permitted matters under section 172 of the Act; and
(b) are not unlawful terms under section 194 of the Act; and
(c) results in the Employee being better off overall than the Employee would be if no

arrangement was made.

9.3 The Employer must ensure that the individual flexibility arrangement:

(a) is in writing; and
(b) includes the name of the Employer and Employee; and
(c) is signed by the Employer and Employee, and if the Employee is under 18 years of age,

signed by a parent or guardian of the Employee; and
( d) includes details of:

(i) the terms of the 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.

Murray PHN Enterprise Agreement 2022 Page I 6

8.4.4 As soon as practicable after proposing to introduce the change, the Employer 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 (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 the Employer reasonably believes are likely to affect the Employees (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). 8.4.5 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 8.4.6 The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees. 8.5 In this term relevant Employees means the Employees who may be affected by a change referred to in clause 9 Individual Flexibility Provision 9.1 The Employer and an Employee covered by this 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) i) penalty rates; (iv) allowances; and (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in subclause and (c) the arrangement is genuinely agreed to by the Employer and Employee. 9.2 The Employer must ensure the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) results in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer and Employee; and (c) is signed by the Employer and Employee, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes details of: (i) the terms of the 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. Murray PHN Enterprise Agreement 2022 Page | 6

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

9.5 The Employer or Employee may terminate the individual flexibility arrangement:

(a) by giving no more than 28 days' written notice to the other party to the arrangement; or
(b) if the Employer and Employee agree in writing , at any time.

10 Dispute Resolution Procedure

10.1 If a dispute relates to:

(a) a matter arising under the Agreement; or
(b) the National Employment Standards;

this term sets out procedures to settle the dispute.

10.2 An Employee who is a party to the dispute may appoint a representative for the purposes of the
procedures in this term.

10.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level,
by discussions between the Employee or Employees and relevant Manager and/or management
through application of steps from 10.3(a) to 10.3(e).

(a) In the first instance the Employee/parties shall attempt to resolve the dispute with thei r
immediate Manager and/or a representative of the People and Culture team.

(b) If the Employee/parties remain feeling aggrieved , the matter shall be referred to the next
Manager in their line management and/or a representative of the People and Culture team.

( c) If the dispute is still unresolved the matter shall be referred to an Executive Director/Chief
Executive.

(d) It is agreed that the above steps shall , where practicable take place within seven working
days.

( e) If the dispute remains unresolved the matter shall be referred to the Chief Executive Officer.

10.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the
matter to Fair Work Commission .

10.5 The Fair Work Commission may deal with the dispute in two (2) stages:

(a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate,
including by mediation , conciliation , expressing an opinion or making a recommendation ; and

(b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work
Commission may then:

(i) arbitrate the dispute; and

(ii) make a determination that is binding on the parties.

10.6 While the parties are trying to resolve the dispute using the procedures in this term:

(a) an Employee must continue to perform their work as they would normally unless the
Employee has a reasonable concern about an imminent risk to their health or safety; and

(b) an Employee must comply with a direction given by the Employer to perform other available
work at the same workplace, or at another workplace , unless:

(i) the work is not safe; or

(ii) applicable occupational health .and safety legislation would not permit the work to be
performed; or

(iii) the work is not appropriate for the Employee to perform; or

Murray PHN Enterprise Agreement 2022 Page 17

9.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days' written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing, at any time. 10 Dispute Resolution Procedure 10.1 If a dispute relates to: (a) a matter arising under the Agreement; or (b) the National Employment Standards; this term sets out procedures to settle the dispute. 10.2 An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 10.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Emplovee or Emplovees and relevant Manager and/or management through application of steps from (a) In the first instance the Employee/parties shall attempt to resolve the dispute with their immediate Manager and/or a representative of the People and Culture team. (b) If the Employee/parties remain feeling aggrieved, the matter shall be referred to the next Manager in their line management and/or a representative of the People and Culture team. (c) If the dispute is still unresolved the matter shall be referred to an Executive Director/Chief Executive. (d) It is agreed that the above steps shall, where practicable take place within seven working days. (e) If the dispute remains unresolved the matter shall be referred to the Chief Executive Officer. 10.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission 10.5 The Fair Work Commission may deal with the dispute in two (2) stages: (a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: (i) arbitrate the dispute; and (ii) make a determination that is binding on the parties. 10.6 While the parties are trying to resolve the dispute using the procedures in this term: (a) an Employee must continue to perform their work as they would normally unless the Employee has a reasonable concern about an imminent risk to their health or safety; and (b) an Employee must comply with a direction given by the Employer to perform other available work at the same workplace, or at another workplace, unless: (i) the work is not safe; or (ii) applicable occupational health and safety legislation would not permit the work to be performed; or (iii) the work is not appropriate for the Employee to perform; or Murray PHN Enterprise Agreement 2022 Page | 7

(iv) there are other reasonable grounds for the Employee to refuse to comply with the
direction .

10.7 The parties to the dispute agree to be bound by a decision made by Fair Work Commission in
accordance with this term .

10.8 For the avoidance of doubt, all disputes arising out of occupational health and safety issues, unless
they are directly related to a term under the Agreement or the NES, will not be subject to this
dispute resolution procedure.

PART 3: EMPLOYMENT and EMPLOYMENT RELATIONSHIP

11 Employment Categories

11.1 Employees under this Agreement may be employed in any one of the following categories:

11.1 .1 continuing Employees (full and part time)

11.1.2

11.1.3

casual Employees

maximum-term Employees (full and part-time) (subject to the Act)

11 .2 At the time of engagement, the Employer shall inform each Employee of the terms of their
engagement, and whether the Employee is to be continuing , casual or maximum-term.

11.3 The filling of continuing, casual , or maximum-term positions will be at the discretion of the
Employer in line with its instrument of delegation .

12 Types of Employment

12.1 Full-time Employees

A full-time Employee is one who is employed to work and who is ready, willing, and available to
work an average of 76 ordinary hours per fortnight.

12.2 Part-time Employees

12.2.1

12.2.2

12.2.3

12.2.4

12.2.5

A part-time Employee is a person who:

(a) works less than full-time hours of an average of 38 hours per week (or less than an
average of 76 hours in a fortnight); and

(b) has reasonably predictable hours of work; and
(c) receives, on a pro-rata basis, equivalent pay and conditions to those of full-time

employees in the same Classification Grade.

Before commencing employment, the Employer and Employee will agree in writing on a
regular pattern of work including the:

(a) number of hours to be worked each week;
(b) days of the week the Employee will work; and
(c) starting and finishing times each day.

The terms of the agreement in clause 12.2.2 may be varied by agreement in writing .

Regular part-time Employees shall be paid at the hourly wage rate appropriate to the
Employee's classification.

Payment in respect of any period of personal leave (where an Employee has
accumulated an entitlement) shall be on a pro-rata basis, made according to the number
of hours the Employee would have worked on the day or days on which the leave was
taken, so as not to reduce the Employee's wage below that level which such Employee
would have received had the Employee not been absent.

Murray PHN Enterprise Agreement 2022 Page 18

(iv) there are other reasonable grounds for the Employee to refuse to comply with the direction. 10.7 The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this term. 10.8 For the avoidance of doubt, all disputes arising out of occupational health and safety issues, unless they are directly related to a term under the Agreement or the NES, will not be subject to this dispute resolution procedure. PART 3: EMPLOYMENT and EMPLOYMENT RELATIONSHIP 11 Employment Categories 11.1 Employees under this Agreement may be employed in any one of the following categories: 11.1.1 continuing Employees (full and part time) 11.1.2 casual Employees 11.1.3 maximum-term Employees (full and part-time) (subject to the Act) 11.2 At the time of engagement, the Employer shall inform each Employee of the terms of their engagement, and whether the Employee is to be continuing, casual or maximum-term. 11.3 The filling of continuing, casual, or maximum-term positions will be at the discretion of the Employer in line with its instrument of delegation. 12 Types of Employment 12.1 Full-time Employees A full-time Employee is one who is employed to work and who is ready, willing, and available to work an average of 76 ordinary hours per fortnight. 12.2 Part-time Employees 12.2.1 A part-time Employee is a person who: (a) works less than full-time hours of an average of 38 hours per week (or less than an average of 76 hours in a fortnight); and (b) has reasonably predictable hours of work; and (c) receives, on a pro-rata basis, equivalent pay and conditions to those of full-time employees in the same Classification Grade. 12.2.2 Before commencing employment, the Employer and Employee will agree in writing on a regular pattern of work including the: (a) number of hours to be worked each week; (b) days of the week the Employee will work; and (c) starting and finishing times each day. 12.2.3 The terms of the agreement in clause may be varied by agreement in writing. 12.2.4 Regular part-time Employees shall be paid at the hourly wage rate appropriate to the Employee's classification. 12.2.5 Payment in respect of any period of personal leave (where an Employee has accumulated an entitlement) shall be on a pro-rata basis, made according to the number of hours the Employee would have worked on the day or days on which the leave was taken, so as not to reduce the Employee's wage below that level which such Employee would have received had the Employee not been absent. Murray PHN Enterprise Agreement 2022 Page | 8

12.2.6

12.2.7

12.2.8

The payment or deduction of payment in lieu of notice of termination of employment shall
be calculated on a pro-rata basis.

Any period of annual leave, long service leave, personal/carer's leave, to which an
Employee is entitled shall accrue on a pro-rata basis according to the number of hours
worked on average over the past twelve months.

Nothing in this clause prevents a part-time Employee from accepting in writing additional
work that constitutes an agreement to vary their hours (up to the ordinary hours of work
for a full -time Employee) at ordinary rates.

12.3 Casual employees

12.3.1 A casual Employee is one who is engaged in work of a casual nature where the
Employer does not make any advance commitment to continuing and indefinite work or
an agreed pattern of work. Such an Employee's engagement is terminable by the
Employer in accordance with the Employer's requirements, without the requirement of
prior notice by either party.

12.3.2 Casual Employees shall be paid for all work done an amount at the hourly wage rate
appropriate to the Employee's classification per hour plus 25 percent.

12.3.3 The provisions of clauses 14 - Termination of Employment; 15 Redundancy: 30 Annual
Leave; 31 paid Personal/Carers Leave ; 32 Life Leave; 33 paid Compassionate Leave ;
35 paid Parental Leave; 37 paid Community Service Leave; 38 Cultural, Ceremonial and
Religious Leave; and 40 Education and Study Leave ; shall not apply in the case of a
casual Employee.

12.3.4 A casual Employee will receive a minimum payment of three (3) hours for each
engagement.

12.3.5 Offers and requests for casual conversion will be in accordance with the Part 2-2
Division 4A 'Offers and requests for casual conversion' of the Act.

12.4 Maximum-term employment

12.4.1

12.4.2

12.4.3

A maximum-term Employee may be engaged, subject to the Act to work on either a full
time or part-time basis:

(a) for the completion of a specified task(s) or project; or
(b) for a specified period of time .

This Agreement shall apply to a maximum-term Employee except to the extent that the
Agreement expressly provides that it does not apply.

When offering employment on a maximum-term basis , the Employer shall advise the
Employee in writing of the temporary nature of the employment and the actual or
expected duration of employment.

13 Labour Flexibility.

13.1 The Employer may direct any Employee to carry out duties and use resources as are reasonable ,
and within the limits of the Employee's skill , competence , and training, that are consistent with the
classification of the Employee's position, and/or the Employee's career stream, provided that such
duties are not designed to promote de-skilling .

13.2 Any direction issued by the Employer pursuant to clause 13.1 shall be consistent with the
Employer's responsibilities to provide a safe and healthy work environment.

Murray PHN Enterprise Agreement 2022 Page 19

12.2.6 The payment or deduction of payment in lieu of notice of termination of employment shall be calculated on a pro-rata basis. 12.2.7 Any period of annual leave, long service leave, personal/carer's leave, to which an Employee is entitled shall accrue on a pro-rata basis according to the number of hours worked on average over the past twelve months. 12.2.8 Nothing in this clause prevents a part-time Employee from accepting in writing additional work that constitutes an agreement to vary their hours (up to the ordinary hours of work for a full-time Employee) at ordinary rates. 12.3 Casual employees 12.3.1 A casual Employee is one who is engaged in work of a casual nature where the Employer does not make any advance commitment to continuing and indefinite work or an agreed pattern of work. Such an Employee's engagement is terminable by the Employer in accordance with the Employer's requirements, without the requirement of prior notice by either party. 12.3.2 Casual Employees shall be paid for all work done an amount at the hourly wage rate appropriate to the Employee's classification per hour plus 25 percent. 12.3.3 ai 3 not apply in the case of a casual Employee. 12.3.4 A casual Employee will receive a minimum payment of three (3) hours for each engagement. 12.3.5 Offers and requests for casual conversion will be in accordance with the Part 2-2 Division 4A 'Offers and requests for casual conversion' of the Act. 12.4 Maximum-term employment 12.4.1 A maximum-term Employee may be engaged, subject to the Act to work on either a full- time or part-time basis: (a) for the completion of a specified task(s) or project; or (b) for a specified period of time. 12.4.2 This Agreement shall apply to a maximum-term Employee except to the extent that the Agreement expressly provides that it does not apply. 12.4.3 When offering employment on a maximum-term basis, the Employer shall advise the Employee in writing of the temporary nature of the employment and the actual or expected duration of employment. 13 Labour Flexibility. 13.1 The Employer may direct any Employee to carry out duties and use resources as are reasonable, and within the limits of the Employee's skill, competence, and training, that are consistent with the classification of the Employee's position, and/or the Employee's career stream, provided that such duties are not designed to promote de-skilling. 13.2 Any direction issued by the Employer pursuant to clause shall be consistent with the Employer's responsibilities to provide a safe and healthy work environment. Murray PHN Enterprise Agreement 2022 Page | 9

The provisions of clauses 14 - Termination of Employment; Leave; 31 paid Personal/Carers Leave; 32 Life Leave; 33 p 35 paid Parental Leave; 37 paid Community Service Leave; Religious Leave; and 40 Education and Study Leave; shall

Redundancy; 30 Annual d Compassionate Leave; 8 Cultural, Ceremonial and

14 Termination of Employment

14.1 Notice of termination by the Employer

14.1.1

14.1.2

14.1.3

14.1 .4

14.1.5

In order to terminate the employment of an Employee, the Employer shall give notice to
the Employee as follows:

Period of continuous service Period of notice

Not more than 1 year 1 week

More than 1 years but not more than 3 years 2 weeks

More than 3 years but not more than 5 years 3 weeks

More than 5 years 4 weeks

In addition to the notice period in subclause 14.1 .1, Employees aged over 45 years of
age on the day the notice is provided and with at least two years' continuous service
shall receive one additional week's notice or pay in lieu of notice.

The Employer may pay some or all the period of notice out in lieu based on the ordinary
time the Employee would have worked during the period of notice, had their employment
not been terminated.

The period of notice in subclauses 14.1.1 and 14.1.2 shall not apply:

(a) in the case of dismissal for conduct that justifies summary dismissal; or
(b) to Employees within their employment probation period; or
(c) Casual Employees due to the nature of their employment; or
(d) at the end of the specified maximum-term for an Employee employed pursuant to

subclause 12.4

For the purposes of this clause, 'continuous service' shall have the same meaning as in
the Act.

14.2 Job Search Entitlement

14.2.1 Where the Employer has given notice of termination to an Employee, an Employee shall
be allowed up to one day's time off within the minimum notice period prescribed in
subclause 14.1.1 (and 14.1 .2 if applicable) above without loss of pay for the purposes of
seeking other employment. The time off shall be at times that are convenient to the
Employee after consultation with the Employer. Approval of an absence longer than this
will be at the discretion of their Manager.

14.3 Notice of termination by Employee

14.3.1

14.3.2

14.3.3

The notice of termination required to be given by all Employees (excluding Casual
Employees) shall be the same as that required of the Employer, except that no additional
notice as outlined in subclause 14.1 .2 is required .

A notice period may be varied at the Employee's request and by agreement in writing of
the parties.

If the Employee who is at least 18 years old on the date notice of termination is provided
fails to give the required notice, the Employer may deduct one week's wages from
wages due to the Employee from the amount payable to them under this Agreement.

14.4 End of Tenure

14.4.1 Maximum-term employment is for a specific period or project for which the Employee's
employment agreement will advise the expiry date of that employment. The Employee's

Murray PHN Enterprise Agreement 2022 Page 110

14 Termination of Employment 14.1 Notice of termination by the Employer 14.1.1 In order to terminate the employment of an Employee, the Employer shall give notice to the Employee as follows: Period of continuous service Period of notice Not more than 1 year 1 week More than 1 years but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks 14.1.2 In addition to the notice period in subclause Employees aged over 45 years of age on the day the notice is provided and with at least two years' continuous service shall receive one additional week's notice or pay in lieu of notice. 14.1.3 The Employer may pay some or all the period of notice out in lieu based on the ordinary time the Employee would have worked during the period of notice, had their employment not been terminated. 14.1.4 The period of notice in subclauses anc shall not apply: (a) in the case of dismissal for conduct that justifies summary dismissal; or (b) to Employees within their employment probation period; or (c) Casual Employees due to the nature of their employment; or (d) at the end of the specified maximum-term for an Employee employed pursuant to subclause 12.4 14.1.5 For the purposes of this clause, 'continuous service' shall have the same meaning as in the Act. 14.2 Job Search Entitlement 14.2.1 Where the Employer has given notice of termination to an Employee, an Employee shall be allowed up to one day's time off within the minimum notice period prescribed in subclause anc f applicable) above without loss of pay for the purposes of seeking other employment. The time off shall be at times that are convenient to the Employee after consultation with the Employer. Approval of an absence longer than this will be at the discretion of their Manager. 14.3 Notice of termination by Employee 14.3.1 The notice of termination required to be given by all Employees (excluding Casual Employees) shall be the same as that required of the Employer, except that no additional notice as outlined in subclause s required. 14.3.2 A notice period may be varied at the Employee's request and by agreement in writing of the parties. 14.3.3 If the Employee who is at least 18 years old on the date notice of termination is provided fails to give the required notice, the Employer may deduct one week's wages from wages due to the Employee from the amount payable to them under this Agreement. 14.4 End of Tenure 14.4.1 Maximum-term employment is for a specific period or project for which the Employee's employment agreement will advise the expiry date of that employment. The Employee's Murray PHN Enterprise Agreement 2022 Page | 10

employment will terminate automatically on the expiry date, without either party being
required to give notice.

14.5 Termination during probation

14.5.1 When an Employee is within their employment probation (within the first six (6) months
of their employment, or a shorter period if agreed in the Employee's employment
agreement) the Employer or the Employee may terminate the Employee's employment
at any time by providing one (1) weeks' notice to the other party.

14.5.2 The Employer may make payment in lieu of part or all of the notice period.

14.6 Summary dismissal

14.6.1

14.7 Incapacity

14.7.1

14.7.2

Notwithstanding the other provisions of this clause, the Employer may dismiss an
Employee without notice for serious misconduct. In such cases the Employee's wage
shall be paid up to the time of dismissal only.

There may be situations in which an Employee can no longer meet the genuine and
reasonable requirements of the Employee's position because of an incapacity caused by
illness or injury.

14.7.1.1 In general, the Employer must have medical evidence confirming the Employee
can no longer meet the inherent requirements of the position before the
Employee's employment can be terminated due to incapacity.

14. 7.1.2 Before dismissing an incapacitated Employee, the Employer must have made
all reasonable adjustments to accommodate the Employee's incapacity. In
determining what are reasonable adjustments for the purposes of this provision,
the nature and extent of the incapacity, the Employee's length of service, the
impact on the Employer's operation and other Employees, the cost and the
Employer's practice should be considered.

If the illness or injury is work related, nothing in this clause overrides the Employer's and
the Employee's obligations set out in the relevant workers' compensation legislation.

14.8 Statement of employment

The Employer shall, upon receipt of a request from an Employee whose employment has been
terminated , provide to the Employee a written statement specifying the period of the Employee's
employment, and the classification of, or the type of work performed by the Employee.

15 Redundancy

15.1 Redundancy occurs when the Employer determines they no longer require the role the Employee
has been doing to be done by anyone and this is not due to the ordinary and customary turnover of
labour, and that decision may lead to termination of employment.

15.1.1 For the purposes of consultation and discussion with the affected Employee(s) clause 8
(Consultation for Major Change) will apply, and as part of the discussions, the Employer
will meet with the affected Employee(s) to discuss the availability of suitable alternative
employment in a comparable role within the Employer's business.

15.1.2

15.1.3

A comparable role means a role of similar standing and remuneration to the role being
made redundant.

If an Employee has unreasonably failed to accept an offer of a comparable role , then the
Employee is not entitled to any redundancy payment under clause 15 (Redundancy).

Murray PHN Enterprise Agreement 2022 Page 111

employment will terminate automatically on the expiry date, without either party being required to give notice. 14.5 Termination during probation 14.5.1 When an Employee is within their employment probation (within the first six (6) months of their employment, or a shorter period if agreed in the Employee's employment agreement) the Employer or the Employee may terminate the Employee's employment at any time by providing one (1) weeks' notice to the other party. 14.5.2 The Employer may make payment in lieu of part or all of the notice period. 14.6 Summary dismissal 14.6.1 Notwithstanding the other provisions of this clause, the Employer may dismiss an Employee without notice for serious misconduct. In such cases the Employee's wage shall be paid up to the time of dismissal only. 14.7 Incapacity 14.7.1 There may be situations in which an Employee can no longer meet the genuine and reasonable requirements of the Employee's position because of an incapacity caused by illness or injury. 14.7.1.1 In general, the Employer must have medical evidence confirming the Employee can no longer meet the inherent requirements of the position before the Employee's employment can be terminated due to incapacity. 14.7.1.2 Before dismissing an incapacitated Employee, the Employer must have made all reasonable adjustments to accommodate the Employee's incapacity. In determining what are reasonable adjustments for the purposes of this provision, the nature and extent of the incapacity, the Employee's length of service, the impact on the Employer's operation and other Employees, the cost and the Employer's practice should be considered. 14.7.2 If the illness or injury is work related, nothing in this clause overrides the Employer's and the Employee's obligations set out in the relevant workers' compensation legislation. 14.8 Statement of employment The Employer shall, upon receipt of a request from an Employee whose employment has been terminated, provide to the Employee a written statement specifying the period of the Employee's employment, and the classification of, or the type of work performed by the Employee. 15 Redundancy 15.1 Redundancy occurs when the Employer determines they no longer require the role the Employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment. 15.1.1 For the purposes of consultation and discussion with the affected Employee(s) clause 8 will apply, and as part of the discussions, the Employer Will meet with the attected Employee(s) to discuss the availability of suitable alternative employment in a comparable role within the Employer's business. 15.1.2 A comparable role means a role of similar standing and remuneration to the role being made redundant. 15.1.3 If an Employee has unreasonably failed to accept an offer of a comparable role, then the Employee is not entitled to any redundancy payment under clause 15 Murray PHN Enterprise Agreement 2022 Page | 11

15.2 Transfer to lower paid duties

15.2.1

15.2.2

When an Employee is transferred to lower paid duties for reasons set out in clause 15
(Redundancy), the Employee shall be entitled to the same period of notice of transfer as
they would have been entitled to if their employment had been terminated.

The Employer may, at the Employer's option , make payment in lieu of an amount equal
to the difference between the former ordinary time rate of pay and the new lower
ordinary time rate for the number of notice weeks still owing.

15.3 Severance pay

15.3.1

15.3.2

15.3.3

In addition to the period of notice prescribed for ordinary termination in subclause 14.1.1
(and 14.1.2 if applicable) of this Agreement, an Employee whose employment is
terminated due to redundancy shall be entitled to the following amount of severance pay
in respect of a continuous period of service.

Period of continuous service I Severance pay

Less than 1 year I 2 weeks

1 year but less than 2 years I 4 weeks' pay

2 years but less than 3 years I 6 weeks' pay

3 years but less than 4 years I 8 weeks' pay

4 years and less than 5 years I 10 weeks' pay

5 years and less than 6 years I 12 weeks' pay

6 years and less than 7 years I 14 weeks' pay

7 years and less than 8 years and over r 16 weeks' pay

Weeks' pay means the ordinary time rate of pay for the Employee concerned . Provided
that such rate shall exclude:

(a) Overtime;
(b) Penalty rates ;
(c) Shift allowances;
(d) Fares and travelling time allowances;
(e) Bonuses; and
(f) Any other ancillary payment of a like nature.

Continuous service shall be calculated in the manner prescribed in the Act

15.4 Employee leaving during the notice period

15.4.1

15.4.2

An Employee, whose employment is terminated due to redundancy may terminate their
employment during the minimum period of notice prescribed in subclause 14.1.1 ( and
14.1.2 if applicable) and , if so, is entitled to the same benefits and payments they would
have received under this clause had the employee remained with the Employer until the
expiry of the notice.

However, the Employee is not entitled to be paid for any part of the period of notice
remaining after the Employee ceased to be employed, provided that the Employee is not
entitled to payment in lieu of notice.

Murray PHN Enterprise Agreement 2022 Page 112

15.2 Transfer to lower paid duties 15.2.1 When an Employee is transferred to lower paid duties for reasons set out in clause 15 , the Employee shall be entitled to the same period of notice of transfer as they would have been entitled to if their employment had been terminated. 15.2.2 The Employer may, at the Employer's option, make payment in lieu of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rate for the number of notice weeks still owing. 15.3 Severance pay 15.3.1 In addition to the period of notice prescribed for ordinary termination in subclause (anc f applicable) of this Agreement, an Employee whose employment is terminated due to redundancy shall be entitled to the following amount of severance pay in respect of a continuous period of service. Period of continuous service Severance pay Less than 1 year 2 weeks 1 year but less than 2 years 4 weeks' pay 2 years but less than 3 years 6 weeks' pay 3 years but less than 4 years 8 weeks' pay 4 years and less than 5 years 10 weeks' pay 5 years and less than 6 years 12 weeks' pay 6 years and less than 7 years 14 weeks' pay 7 years and less than 8 years and over 16 weeks' pay 15.3.2 Weeks' pay means the ordinary time rate of pay for the Employee concerned. Provided that such rate shall exclude: (a) Overtime; b Penalty rates; (c) Shift allowances; d) Fares and travelling time allowances; e Bonuses; and f Any other ancillary payment of a like nature. 15.3.3 Continuous service shall be calculated in the manner prescribed in the Act 15.4 Employee leaving during the notice period 15.4.1 An Employee, whose employment is terminated due to redundancy may terminate their employment during the minimum period of notice prescribed in subclause 'and [ applicable) and, if so, is entitled to the same benefits and payments they would have received under this clause had the employee remained with the Employer until the expiry of the notice. 15.4.2 However, the Employee is not entitled to be paid for any part of the period of notice remaining after the Employee ceased to be employed, provided that the Employee is not entitled to payment in lieu of notice. Murray PHN Enterprise Agreement 2022 Page | 12

15.5 Job search entitlement (Redundancy)

15.5.1

15.5.2

15.5.3

15.5.4

15.5.5

During the period of notice of termination given by the Employer due to redundancy an
Employee shall be allowed up to one day's time off without loss of pay each week of the
minimum period of notice prescribed by subclause 14.1.1 ( and 14.1 .2 if applicable), for
the purpose of seeking other employment. Any longer absence will be at the discretion
of their Manager.

If an Employee is allowed time off without loss of pay of more than one day under
subclause 15.5.1, the Employee must, at the request of the Employer, produce proof of
attendance at an interview.

A statutory declaration is sufficient for the purpose of subclause 15.5.2

An Employee who fails to produce proof when required under subclause 15.5.2 is not
entitled to be paid for the time off.

This entitlement applies instead of the entitlement in subclause 14.2 ( Job search
entitlement).

15.6 Transfer of business and redundancy pay

15.6.1

15.6.2

When a transfer of business occurs from the Employer (in this subclause called the
transferor) to another employer (in this subclause called the transferee) in accordance
with section 311 of the Act and an Employee who at the time of such transfer was an
Employee of the transferor becomes an Employee of the transferee within three (3)
months of the transfer:

15.6.1.1 The Employee's continuity of employment shall not be broken due to the
transfer, if the work the transferring Employee performs for the transferee is the
same, or substantially the same as the work they performed for the transferor;
and

15.6.1.2 The period of employment that the Employee has had with the transferor, or
any prior transferor shall be deemed to be service of the Employee with the
transferee.

An Employee is not entitled to redundancy payments if:

(a) The Employee's service with the transferor is recognised by the transferee; or
(b) The Employee rejects an offer of employment made by the transferee that is:

(i) substantially similar to, and, considered on an overall basis, no less
favourable than the terms and conditions of their old employment; and

(ii) on the basis that Employee's service with the transferor would be recognised
by the transferee.

15.7 Employees exempted from redundancy

15.7.1 This clause shall not apply to the following:

(a) When employment is terminated as a consequence of performance and/or
conduct.

(b) In the case of Casual and probationary Employees, or when a maximum-term
employment expires.

Murray PHN Enterprise Agreement 2022 Pagel13

15.5 Job search entitlement (Redundancy) 15.5.1 During the period of notice of termination given by the Employer due to redundancy an Employee shall be allowed up to one day's time off without loss of pav each week of the minimum period of notice prescribed by subclause 'anc f applicable), for the purpose of seeking other employment. Any longer absence will be at the discretion of their Manager. 15.5.2 If an Employee is allowed time off without loss of pay of more than one day under subclause the Employee must, at the request of the Employer, produce proof of attendance at an interview. 15.5.3 A statutory declaration is sufficient for the purpose of subclause 15.5.4 An Employee who fails to produce proof when required under s s not entitled to be paid for the time off. 15.5.5 This entitlement applies instead of the entitlement in subclause Job search entitlement). 15.6 Transfer of business and redundancy pay 15.6.1 When a transfer of business occurs from the Employer (in this subclause called the transferor) to another employer (in this subclause called the transferee) in accordance with section 311 of the Act and an Employee who at the time of such transfer was an Employee of the transferor becomes an Employee of the transferee within three (3) months of the transfer: 15.6.1.1 The Employee's continuity of employment shall not be broken due to the transfer, if the work the transferring Employee performs for the transferee is the same, or substantially the same as the work they performed for the transferor; and 15.6.1.2 The period of employment that the Employee has had with the transferor, or any prior transferor shall be deemed to be service of the Employee with the transferee. 15.6.2 An Employee is not entitled to redundancy payments if: (a) The Employee's service with the transferor is recognised by the transferee; or (b) The Employee rejects an offer of employment made by the transferee that is: (i) substantially similar to, and, considered on an overall basis, no less favourable than the terms and conditions of their old employment; and (ii) on the basis that Employee's service with the transferor would be recognised by the transferee. 15.7 Employees exempted from redundancy 15.7.1 This clause shall not apply to the following: (a) When employment is terminated as a consequence of performance and/or conduct. (b) In the case of Casual and probationary Employees, or when a maximum-term employment expires. Murray PHN Enterprise Agreement 2022 Page | 13

15.5.2 ubclause 15.5.2

16 Appointments and Promotions

16.1 Notification of Appointment and position classification

16.1.1 All Employees should be given a letter of employment which should specify:

(a) the commencement date of employment;
(b) the name of the position ;
(c) the Classification Grade of the position ;
(d) the Employee's rate of pay applicable to the position; and
(e) the name of this Agreement.

16.2 Selection and Promotion

16.2.1 Where selection or promotion occurs, such selection or promotion will be based on the
Employer's policies and procedures.

16.3 Reclassification

16.3.1

16.3.2

16.3.3

16.3.4

16.3.5

16.3.6

If an Employee considers the majority of the work they are undertaking has changed ,
such that the majority of the work regularly performed is work of a type normally
associated with a higher Classification Grade, the Employee can take the following steps
to apply to have their position reclassified:

(a) document the changes to their work; and
(b) discuss these changes with their direct Manager.

Simply performing more work at the same Classification Grade or different work at the
same Classification Grade does not qualify for re-grading . Factors with a bearing on the
decision may include whether the work:

(a) is broadly aligned with the current Position Description;
(b) is normally undertaken at a higher classification;
(c) is permanent or temporary;
( d) constitutes the majority of the work being regularly performed;
(e) whether the changes are reflective of a change of the duties within the position's

description or reflective of an Employee's performance of the duties.

The Manager in consultation with People and Culture will assess if the duties identified
and held by the Employee have changed to the extent that the content of the Position
Description requires review and if so , will revise the Position Description .

If the Position Description is revised it will then be assessed to determine the case for a
position reclassification.

Where the result of the Position Description review determines that a different
Classification Grade is applicable, the Employee's remuneration will reflect this from the
first pay point of the revised Classification Grade.

Where it is determined from the Position Description review that there is no case for re
classification the Employee will be notified of the outcome and the grounds informing the
outcome in writing.

Where the Position Description review identifies that the Employee is performing the
position duties at a higher level of proficiency and efficiency, the Executive Manager in
consultation with People and Culture may consider an 'out of cycle' pay point review
within the position's Classification Grade

Murray PHN Enterprise Agreement 2022 Page 114

16 Appointments and Promotions 16.1 Notification of Appointment and position classification 16.1.1 All Employees should be given a letter of employment which should specify: (a) the commencement date of employment; (b) the name of the position; (c) the Classification Grade of the position; (d) the Employee's rate of pay applicable to the position; and (e) the name of this Agreement. 16.2 Selection and Promotion 16.2.1 Where selection or promotion occurs, such selection or promotion will be based on the Employer's policies and procedures. 16.3 Reclassification 16.3.1 If an Employee considers the majority of the work they are undertaking has changed, such that the majority of the work regularly performed is work of a type normally associated with a higher Classification Grade, the Employee can take the following steps to apply to have their position reclassified: (a) document the changes to their work; and (b) discuss these changes with their direct Manager. 16.3.2 Simply performing more work at the same Classification Grade or different work at the same Classification Grade does not qualify for re-grading. Factors with a bearing on the decision may include whether the work: (a) is broadly aligned with the current Position Description; (b) is normally undertaken at a higher classification; (c) is permanent or temporary; (d) constitutes the majority of the work being regularly performed; (e) whether the changes are reflective of a change of the duties within the position's description or reflective of an Employee's performance of the duties. 16.3.3 The Manager in consultation with People and Culture will assess if the duties identified and held by the Employee have changed to the extent that the content of the Position Description requires review and if so, will revise the Position Description. If the Position Description is revised it will then be assessed to determine the case for a position reclassification. 16.3.4 Where the result of the Position Description review determines that a different Classification Grade is applicable, the Employee's remuneration will reflect this from the first pay point of the revised Classification Grade. 16.3.5 Where it is determined from the Position Description review that there is no case for re- classification the Employee will be notified of the outcome and the grounds informing the outcome in writing. 16.3.6 Where the Position Description review identifies that the Employee is performing the position duties at a higher level of proficiency and efficiency, the Executive Manager in consultation with People and Culture may consider an 'out of cycle' pay point review within the position's Classification Grade Murray PHN Enterprise Agreement 2022 Page | 14

16.3.7

Where an Employee has received an out of cycle pay point change , this will be taken
into consideration in determining if the Employee remains eligible for the next 'on cycle'
pay point increment change as per subclause 18.3 (Level progression with Grades)

17 Employee Assistance Program (EAP)

17.1 Recognising the importance of Employee psychological health and wellbeing , the Employer will
provide Employees with wellbeing information and confidential support services via an Employee
Assistance Program (EAP) service.

PART 4: REMUNERATION and RELATED MATTERS

18 Remuneration

18.1 Rates of pay are documented in Schedule A of the Agreement and are determined in accordance
with the Classification Grade structure as documented in Schedule B.

18.2 Annual Pay Increases

Employee base wage (ordinary rate) shall be adjusted annually in accordance with Table A.

Table A: Annual Pay Increases

Increases are effective from the first full pay period after the below dates:

At Agreement 01 Dec 2023 01 Dec 2024 01 Dec 2025
operation

As per Schedule A 3.00% 2.00% 1.50%

18.3 Level progression within Classification Grades

18.3.1

18.3.2

An Employee is eligible for an annual review of their pay Level in June.

18.3.3

Remuneration changes because of the annual Level review are effective from the first
full pay period after 01 July.

Movement through the pay Levels within each Classification Grade is not automatic.
Progression through the pay Levels are subject to:

(a) The Employee having held their current pay Level for minimum period of six (6)
months; and

(b) Having maintained a satisfactory performance over the preceding 12 months .

19 Payment of Wages

19.1 Wages shall be paid fortnightly by direct debit to a bank account, credit union or building society of
the Employee's choice.

19.2 Wages shall be deposited in sufficient time to ensure that they are available for withdrawal by
Employees no later than pay day, provided that this subclause will not apply if there is a public
holiday or if there is any unforeseen event outside the control of the Employer which frustrates the
Employer's ability to meet the requirements of this subclause (19.2) .

19.3 After paying the Employee , the Employer shall provide to each Employee a statement in writing
detailing the following information: name and Classification Grade of the Employee; the period the

Murray PHN Enterprise Agreement 2022 Pagel15

16.3.6.1 Any 'out of cycle' pay point changes are at the discretion of the Executive Manager and People and Culture. Once a decision is made the Employee will be notified of the outcome and the grounds informing the outcome in writing. 16.3.7 Where an Employee has received an out of cycle pay point change, this will be taken into consideration in determining if the Employee remains eligible for the next 'on cycle' pay point increment change as per subclause 18.3 17 Employee Assistance Program (EAP) 17.1 Recognising the importance of Employee psychological health and wellbeing, the Employer will provide Employees with wellbeing information and confidential support services via an Employee Assistance Program (EAP) service. PART 4: REMUNERATION and RELATED MATTERS 18 Remuneration 18.1 Rates of pay are documented ir of the Agreement and are determined in accordance with the Classification Grade structure as documented ir 18.2 Annual Pay increases Employee base wage (ordinary rate) shall be adjusted annually in accordance with Table A. Table A: Annual Pay Increases Increases are effective from the first full pay period after the below dates: At Agreement 01 Dec 2023 01 Dec 2024 01 Dec 2025 operation As per Schedule A 3.00% 2.00% 1.50% 18.3 Level progression within Classification Grades 18.3.1 An Employee is eligible for an annual review of their pay Level in June. 18.3.2 Remuneration changes because of the annual Level review are effective from the first full pay period after 01 July. 18.3.3 Movement through the pay Levels within each Classification Grade is not automatic. Progression through the pay Levels are subject to: (a) The Employee having held their current pay Level for minimum period of six (6) months; and (b) Having maintained a satisfactory performance over the preceding 12 months. 19 Payment of Wages 19.1 Wages shall be paid fortnightly by direct debit to a bank account, credit union or building society of the Employee's choice. 19.2 Wages shall be deposited in sufficient time to ensure that they are available for withdrawal by Employees no later than pay day, provided that this subclause will not apply if there is a public holiday or if there is any unforeseen event outside the control of the Employer which frustrates the Employer's ability to meet the requirements of this subclause (19.2). 19.3 After paying the Employee, the Employer shall provide to each Employee a statement in writing detailing the following information: name and Classification Grade of the Employee; the period the Murray PHN Enterprise Agreement 2022 Page | 15

19.4 If an Employee is paid an hourly rate of pay, the pay slip must also include:

(a) The rate of pay for the Employee's ordinary hours; and
(b) The number of hours in that period for which the Employee was employed at that rate; and
( c) The amount of the payment made at that rate.

19.5 If an Employee is paid at an annual rate of pay, the pay slip must also include the rate as at the
latest date to which the payment relates.

19.6 The Employer shall provide a summary of all superannuation contributions including due date and
details of the funds into which the contributions are being paid.

20 Superannuation

20.1 Superannuation is dealt with extensively by federal legislation which prescribes the obligations and
entitlements regarding Superannuation. This clause is ancillary to and supplements those
provisions.

20.2 Definitions

In this clause:
(a) default fund means Hesta (or its successor) .
(b) preferred superannuation fund means a fund that meets the definition of a complying

superannuation fund in the Superannuation Guarantee (Administration) Act 1992 (Cth)

20.3 Employees may nominate a preferred superannuation fund for the purposes of superannuation
payments. In the absence of a nominated preferred superannuation fund the Employer shall
forward the Employee's contributions to the Employee's stapled fund, and in absence of a stapled
fund to the default fund.

20.4 Employees may salary sacrifice to their superannuation fund. Superannuation contributions paid by
the Employer into a superannuation fund will be calculated based on the rates of pay specified in
this Agreement (gross salary) not on the salary remaining after a component is sacrificed.

21 Salary Packaging

21.1 As at the commencement of this Agreement, the Employer is eligible under relevant legislation to
offer salary packaging to its Employees. While the Employer remains eligible under relevant
legislation to offer salary packaging to its Employees, the Employer may offer eligible Employees
the opportunity to package their salaries in accordance with the Employer's requirements as in
place from time to time.

21.2 The Employee agrees that, if salary packaging ceases to be an advantage to the Employee,
arrangements shall be made to convert the agreed amount packaged to salary. Any costs
associated with the conversion to salary shall be paid for by the Employee and the Employer shall
not be liable to make up any salary lost as a consequence of an Employee's decision to convert to
salary.

21.3 It is the intention of the Employer, as far as possible, to maintain a worthwhile salary packaging
program for Employees. If fringe benefit tax legislation or other changes have the effect of
increasing the cost of salary packaging to the Employer, then at the sole discretion of the
Employer, the Employee may have their salary adjusted; the Employee may have the opportunity

Murray PHN Enterprise Agreement 2022 Page 116

payment relates to; the date of payment; the rate of pay; the gross and net amount of payment including allowances; the amount of pay deductions (including the name and/or number of the fund or account into which the deduction was paid); and amounts of Employer superannuation contributions. 19.4 If an Employee is paid an hourly rate of pay, the pay slip must also include: (a) The rate of pay for the Employee's ordinary hours; and (b) The number of hours in that period for which the Employee was employed at that rate; and (c) The amount of the payment made at that rate. 19.5 If an Employee is paid at an annual rate of pay, the pay slip must also include the rate as at the latest date to which the payment relates. 19.6 The Employer shall provide a summary of all superannuation contributions including due date and details of the funds into which the contributions are being paid. 20 Superannuation 20.1 Superannuation is dealt with extensively by federal legislation which prescribes the obligations and entitlements regarding Superannuation. This clause is ancillary to and supplements those provisions. 20.2 Definitions In this clause: (a) default fund means Hesta (or its successor). (b) preferred superannuation fund means a fund that meets the definition of a complying superannuation fund in the Superannuation Guarantee (Administration) Act 1992 (Cth) 20.3 Employees may nominate a preferred superannuation fund for the purposes of superannuation payments. In the absence of a nominated preferred superannuation fund the Employer shall forward the Employee's contributions to the Employee's stapled fund, and in absence of a stapled fund to the default fund. 20.4 Employees may salary sacrifice to their superannuation fund. Superannuation contributions paid by the Employer into a superannuation fund will be calculated based on the rates of pay specified in this Agreement (gross salary) not on the salary remaining after a component is sacrificed. 21 Salary Packaging 21.1 As at the commencement of this Agreement, the Employer is eligible under relevant legislation to offer salary packaging to its Employees. While the Employer remains eligible under relevant legislation to offer salary packaging to its Employees, the Employer may offer eligible Employees the opportunity to package their salaries in accordance with the Employer's requirements as in place from time to time. 21.2 The Employee agrees that, if salary packaging ceases to be an advantage to the Employee, arrangements shall be made to convert the agreed amount packaged to salary. Any costs associated with the conversion to salary shall be paid for by the Employee and the Employer shall not be liable to make up any salary lost as a consequence of an Employee's decision to convert to salary. 21.3 It is the intention of the Employer, as far as possible, to maintain a worthwhile salary packaging program for Employees. If fringe benefit tax legislation or other changes have the effect of increasing the cost of salary packaging to the Employer, then at the sole discretion of the Employer, the Employee may have their salary adjusted; the Employee may have the opportunity Murray PHN Enterprise Agreement 2022 Page | 16

to renegotiate the salary packaging arrangement; or the salary packaging arrangement will be
ceased by the Employer.

21.4 The Employer recommends that Employees considering salary packaging seek independent
financial advice. The Employer shall not be held responsible in any way for the cost or outcome of
any such advice , and furthermore, the parties agree that any costs associated with salary
packaging shall be paid for by the Employee.

22 Accident Make Up Pay

22.1 Accident Pay means a weekly payment made to an Employee by the Employer that is the
difference between the weekly amount of compensation paid to that Employee pursuant to the
applicable workers' compensation legislation and the Employee's pre-injury average ordinary rate
of pay (over the last 52 weeks, or the actual period of employment if less than 52 weeks).
Payments for overtime, shift penalties, other penalty rates and allowances shall not be taken into
account.

22.2 Injury shall be given the same meaning and application as under the applicable workers'
compensation legislation covering the Employer and the relevant Employee.

22.3 The Employer shall pay an Employee Accident Pay if the Employee suffers an Injury at the
Employer's workplace (whether total or partial or a combination of both) whereby weekly payments
of compensation are payable to the Employee under the applicable workers' compensation
legislation, subject to the provisions of this clause 22 .

22.4 An Employee will not be entitled to any payment under this clause 22 in respect of any period of
paid annual leave or long service leave, or for any paid public holiday.

22.5 If an Employee entitled to Accident Pay returns to work on reduced hours or to perform modified
duties, the amount of Accident Pay due will be reduced by any amounts paid for the performance
of such work.

22.6 If an Employee receives a lump sum payment in lieu of weekly payments under the applicable
workers' compensation legislation , Accident Pay will cease from the date the Employee receives
that payment.

22.7 Payment for part of a week

22.7.1 Where an Employee is incapacitated , either totally or partially, for part of a week, the
Employee shall receive pro-rata Accident Pay for that part of the week.

22.8 Maximum period of payment

22 .8.1 The maximum period or aggregate period of Accident Pay to be made by the Employer
shall be a total of 26 weeks from the date of the injury for any one injury as defined in
clause 22 .2.

22.8.2 If the Employer terminates the Employee's employment within the 26 week period for a
reason other than serious and/or wilful misconduct, it will not affect the Employee's
entitlement to Accident Pay. If the termination occurs for any other reason or at the
Employee's instigation , Accident Pay shall not be payable by the Employer.

22.9 Notice of injury

22.9.1 Following an injury for which the Employee claims to be entitled to receive Accident Pay,
an Employee ( or a representative of) shall give notice in writing of the injury to their
Manager as soon as reasonably practicable after the occurrence.

Murray PHN Enterprise Agreement 2022 Pagel17

to renegotiate the salary packaging arrangement; or the salary packaging arrangement will be ceased by the Employer. 21.4 The Employer recommends that Employees considering salary packaging seek independent financial advice. The Employer shall not be held responsible in any way for the cost or outcome of any such advice, and furthermore, the parties agree that any costs associated with salary packaging shall be paid for by the Employee. 22 Accident Make Up Pay 22.1 Accident Pay means a weekly payment made to an Employee by the Employer that is the difference between the weekly amount of compensation paid to that Employee pursuant to the applicable workers' compensation legislation and the Employee's pre-injury average ordinary rate of pay (over the last 52 weeks, or the actual period of employment if less than 52 weeks). Payments for overtime, shift penalties, other penalty rates and allowances shall not be taken into account. 22.2 Injury shall be given the same meaning and application as under the applicable workers' compensation legislation covering the Employer and the relevant Employee. 22.3 The Employer shall pay an Employee Accident Pay if the Employee suffers an Injury at the Employer's workplace (whether total or partial or a combination of both) whereby weekly payments of compensation are payable to the Employee under the applicable workers' compensation legislation, subject to the provisions of this clause 22.4 An Employee will not be entitled to any payment under this clause n respect of any period of paid annual leave or long service leave, or for any paid public holiday. 22.5 If an Employee entitled to Accident Pay returns to work on reduced hours or to perform modified duties, the amount of Accident Pay due will be reduced by any amounts paid for the performance of such work. 22.6 If an Employee receives a lump sum payment in lieu of weekly payments under the applicable workers' compensation legislation, Accident Pay will cease from the date the Employee receives that payment. 22.7 Payment for part of a week 22.7.1 Where an Employee is incapacitated, either totally or partially, for part of a week, the Employee shall receive pro-rata Accident Pay for that part of the week. 22.8 Maximum period of payment 22.8.1 The maximum period or aggregate period of Accident Pay to be made by the Employer shall be a total of 26 weeks from the date of the injury for any one injury as defined in clause 22.8.2 If the Employer terminates the Employee's employment within the 26 week period for a reason other than serious and/or wilful misconduct, it will not affect the Employee's entitlement to Accident Pay. If the termination occurs for any other reason or at the Employee's instigation, Accident Pay shall not be payable by the Employer. 22.9 Notice of injury 22.9.1 Following an injury for which the Employee claims to be entitled to receive Accident Pay, an Employee (or a representative of) shall give notice in writing of the injury to their Manager as soon as reasonably practicable after the occurrence. Murray PHN Enterprise Agreement 2022 Page | 17

22.10 Medical examination

22.10.1 In order to receive an entitlement to Accident Pay an Employee shall meet the
requirements of the applicable workers' compensation legislation for attending medical
examinations.

22 .1 0.2 Where, in accordance with the applicable workers' compensation legislation, a medical
referee gives a certificate as to the condition of the Employee and their fitness for work,
or specifies work for which the Employee is fit and such work is made available by the
Employer, and is refused by the Employee or the Employee fails to commence the work,
Accident Pay shall cease from the date of such refusal or failure to commence the work.

22.11 Cessation or redemption of weekly payments

22.11 .1 Where there is a cessation or redemption of weekly compensation payments under the
applicable workers' compensation legislation , the Employer's liability to pay Accident Pay
shall cease as from the date of such cessation or redemption.

22.11.2 All rights to Accident Pay shall cease on the death of an Employee.

PART 5: WORK ARRANGEMENTS

23 Hours of work

23.1 Ordinary hours of work are from 7.00am to 7.00pm, Monday to Friday.

23.2 Full time hours of work will be 76 hours each fortnight , over 10 working days. During each fortnight,
each Employee is entitled to take any two (2) consecutive days each week as a notional weekend.
The days to be taken will usually be Saturday and Sunday subject to the requirements of the
Employer, and to agreement between the Employer and the Employee.

23.3 Employees will , on request, complete time sheets indicating the days and hours worked each
fortnight.

23.4 Not more than 10 hours, exclusive of meal breaks, shall be worked in any one day unless
expressly agreed between the Employer and the Employee.

23.5 An Employee may be required to conduct or attend a conference, function or other event that
commences early in the morning or finishes late in the evening as part of their position
requirements. Where an Employee is required to undertake this work, the Employer and the
Employee will agree as to whether the Employee may:

(a) use the flexible hours option in clause 23.6; or
(b) if applicable, accrue Time Off in Lieu in accordance with clause 24; or
(c) if applicable, receive overtime payment in accordance with clause 25.

23.6 Flexibility options in relation to hours of work

23.6.1

23.6.2

By agreement with the Employer, an Employee may work flexible hours in circumstances
such as those stipulated in:

(a) subclause 23.5; or
(b) clause 25 (Overtime); or
(c) at other times, including requests by an Employee for workplace flexibility that is of

benefit to the Employee.

An Employee works flexible hours where the Employee's contracted hours of work vary
in accordance with Organisational requirements, or by mutual agreement, but the
Employee's contracted hours of work do not exceed 76 hours over any two (2) week
period.

Murray PHN Enterprise Agreement 2022 Page I 18

22.10 Medical examination 22.10.1 In order to receive an entitlement to Accident Pay an Employee shall meet the requirements of the applicable workers' compensation legislation for attending medical examinations. 22.10.2 Where, in accordance with the applicable workers' compensation legislation, a medical referee gives a certificate as to the condition of the Employee and their fitness for work, or specifies work for which the Employee is fit and such work is made available by the Employer, and is refused by the Employee or the Employee fails to commence the work, Accident Pay shall cease from the date of such refusal or failure to commence the work. 22.11 Cessation or redemption of weekly payments 22.11.1 Where there is a cessation or redemption of weekly compensation payments under the applicable workers' compensation legislation, the Employer's liability to pay Accident Pay shall cease as from the date of such cessation or redemption. 22.11.2 All rights to Accident Pay shall cease on the death of an Employee. PART 5: WORK ARRANGEMENTS 23 Hours of work 23.1 Ordinary hours of work are from 7.00am to 7.00pm, Monday to Friday. 23.2 Full time hours of work will be 76 hours each fortnight, over 10 working days. During each fortnight, each Employee is entitled to take any two (2) consecutive days each week as a notional weekend. The days to be taken will usually be Saturday and Sunday subject to the requirements of the Employer, and to agreement between the Employer and the Employee. 23.3 Employees will, on request, complete time sheets indicating the days and hours worked each fortnight. 23.4 Not more than 10 hours, exclusive of meal breaks, shall be worked in any one day unless expressly agreed between the Employer and the Employee. 23.5 An Employee may be required to conduct or attend a conference, function or other event that commences early in the morning or finishes late in the evening as part of their position requirements. Where an Employee is required to undertake this work, the Employer and the Employee will agree as to whether the Employee may: (a) use the flexible hours option in clause or (b) if applicable, accrue Time Off in Lieu in accordance with clause (c) if applicable, receive overtime payment in accordance with clat 23.6 Flexibility options in relation to hours of work 23.6.1 By agreement with the Employer, an Employee may work flexible hours in circumstances such as those stipulated in: (a) subcla or (b) clause time); or (c) at other times, including requests by an Employee for workplace flexibility that is of benefit to the Employee. 23.6.2 An Employee works flexible hours where the Employee's contracted hours of work vary in accordance with Organisational requirements, or by mutual agreement, but the Employee's contracted hours of work do not exceed 76 hours over any two (2) week period. Murray PHN Enterprise Agreement 2022 Page | 18

24; or se 25.

ause 23.5; 25 (Over

23.6.3

(a) Where the Employee requests to work outside the span of hours (subclause 23.1 )
the applicable hours (worked outside the span of hours) will not accrue any time off
in lieu or be paid as overtime in accordance with clauses 24 (Time off in Lieu) and
25 (Overtime) respectively.

(b) Where the Employer requests the Employee to work outside the span of hours
(subclause 23.1) the applicable hours (worked outside the span of hours) will
accrue any time of in lieu or be paid as overtime in accordance with clauses 24
(Time off in Lieu) and 25 (Overtime) respectively.

The Employer and Employee must have regard to occupational health and safety
requirements when making an agreement regarding flexible hours or time off in lieu.

24 Time off in Lieu

24.1 An Employee may only accrue time off in lieu if prior authorisation by their Manager has been
given.

24.2 The accrual and subsequent payment of time off in lieu will be at overtime rates as prescribed in
clause 25.

24.3 An Employee and Employer may agree in writing to the Employee taking time off instead of being
paid for a particular amount of overtime that has been worked by the Employee.

24.4 The written agreement must state the following:

(a) the number of overtime hours to which it applies and when those hours were worked;

(b) that the Employer and Employee agree that the Employee may take time off instead of
being paid for the overtime;

(c) that, if the Employee requests at any time, the Employer must pay the Employee, for
overtime covered by the agreement but not taken as time off, at the overtime rate
applicable to the overtime when worked ;

(d) that any payment mentioned in subclause 24.4(c) must be made in the next pay period
following the request.

24.5 Subject to the timeframe stipulation in subclause 24.8, time off in lieu may be taken at a time to suit
the Employee and in consideration of the Employer's operational requirements.

24.5.1 If mutual agreement to take the time of in lieu cannot be reached within four (4) weeks of
the additional hours worked , and the Employee has accrued more than 7.6 hours:

(a) the Employer may direct the Employee to take the time off in lieu at a specified time
on the provision of 5 days' notice; or

(b) an Employee may elect to receive overtime payments which are to be made at the
overtime rate applicable to when the overtime was worked.

24.6 The Employer must not exert undue influence or undue pressure on an Employee in relation to a
decision by the Employee to make, or not make, an agreement to take time off instead of payment
for overtime.

24.7 If the Employee requests at any time, to be paid for overtime covered by an agreement but not
taken as time off, the Employer must pay the Employee for the overtime, in the next pay period
following the request, at the overtime rate applicable to when the overtime was worked.

24.8 If time off for overtime that has been worked is not taken within the period of six (6) months the
Employer must pay the employee for the overtime, in the next pay period following those six (6)
months, at the overtime rate applicable to when the overtime was worked.

Murray PHN Enterprise Agreement 2022 Page 119

(a) Where the Employee requests to work outside the span of hours the applicable hours (worked outside the span of hours) will not accrue any time off in lieu or be paid as overtime in accordance with clauses "Time off in Lieu) and "Overtime) respectively. (b) Where the Employer requests the Employee to work outside the span of hours the applicable hours (worked outside the span of hours) will accrue any time of in lieu or be paid as overtime in accordance with clauses (Time off in Lieu) anc Overtime) respectively. 23.6.3 The Employer and Employee must have regard to occupational health and safety requirements when making an agreement regarding flexible hours or time off in lieu. 24 Time off in Lieu 24.1 An Employee may only accrue time off in lieu if prior authorisation by their Manager has been given. 24.2 The accrual and subsequent payment of time off in lieu will be at overtime rates as prescribed in clause 24.3 An Employee and Employer may agree in writing to the Employee taking time off instead of being paid for a particular amount of overtime that has been worked by the Employee. 24.4 The written agreement must state the following: (a) the number of overtime hours to which it applies and when those hours were worked; (b) that the Employer and Employee agree that the Employee may take time off instead of being paid for the overtime; (c) that, if the Employee requests at any time, the Employer must pay the Employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked; (d) that any payment mentioned in subclause must be made in the next pay period following the request. 24.5 Subject to the timeframe stipulation in subclause time off in lieu may be taken at a time to suit the Employee and in consideration of the Employer's operational requirements. 24.5.1 If mutual agreement to take the time of in lieu cannot be reached within four (4) weeks of the additional hours worked, and the Employee has accrued more than 7.6 hours: (a) the Employer may direct the Employee to take the time off in lieu at a specified time on the provision of 5 days' notice; or (b) an Employee may elect to receive overtime payments which are to be made at the overtime rate applicable to when the overtime was worked. 24.6 The Employer must not exert undue influence or undue pressure on an Employee in relation to a decision by the Employee to make, or not make, an agreement to take time off instead of payment for overtime. 24.7 If the Employee requests at any time, to be paid for overtime covered by an agreement but not taken as time off, the Employer must pay the Employee for the overtime, in the next pay period following the request, at the overtime rate applicable to when the overtime was worked. 24.8 If time off for overtime that has been worked is not taken within the period of six (6) months the Employer must pay the employee for the overtime, in the next pay period following those six (6) months, at the overtime rate applicable to when the overtime was worked. Murray PHN Enterprise Agreement 2022 Page | 19

24.9 Upon termination of employment, an Employee shall receive payment for any time off in lieu hours
not taken paid at the overtime rate applicable to when the overtime was worked.

25 Overtime

25.1 Employees may only work overtime if they first obtain authorisation from their Manager.

25.2 An Employee who is required to work:

25.2.1

25.2.2

25.2.3

25.2.4

outside the ordinary hours of work ( subclause 23.1 );

in excess of 76 hours per fortnight;

in excess of 10 hours per shift;

in the case of a part-time Employee, in excess of their agreed part-time hours, other than
where they have reached an agreement to vary those hours in accordance with
subclauses 12.2.3 or 12.2.8;

shall be compensated as follows:

25.2 .5

25.2.6

Full-time and part-time Employees:

(a) Monday to Saturday (inclusive) : payment of their ordinary hourly rate and an
additional 50% loading for the first two (2) hours, and payment of their ordinary
hourly rate and an additional 100% loading for all time worked thereafter.

(b) Sunday: payment of their ordinary hourly rate and an additional 100% loading for
all time worked.

( c) Public Holidays: payment of their ordinary hourly rate and an additional 150%
loading for all time worked.

(d) Provided that the rates in subclauses 25.2.5 (a) to (c) above will be in substitution
for, and not cumulative upon shift penalties and loadings.

Casual Employees:

(a) Monday to Saturday (inclusive): payment of their ordinary hourly rate (exclusive of
casual loading) and an additional 87.5% loading for the first two (2) hours, then
payment of their ordinary hourly rate ( exclusive of casual loading) an additional
150% loading for all time worked thereafter.

(b) Sunday: payment of their ordinary hourly rate ( exclusive of casual loading) and an
additional 150% loading for all time worked.

( c) Public Holidays: payment of their ordinary hourly rate ( exclusive of casual loading)
and an additional 212.5% loading for all time worked.

(d) Provided that the rates in subclauses 25.2.6 (a) to (c) above will be in substitution
for, and not cumulative upon shift penalties and loadings.

(e) Provided further that the overtime rates in subclauses 25.2.6 (a) to (c) above are
inclusive of casual loading.

25.3 Rest period after overtime

25 .3.1

25.3.2

An Employee working overtime is entitled to 10 consecutive hours off duty between the
termination of work on one shift and the commencement of work on the next shift,
without loss of pay for ordinary hours.

If, on the instructions of the Employer, an Employee does not receive 10 consecutive
hours off duty, the Employee must be paid as follows :

Murray PHN Enterprise Agreement 2022 Page 120

24.9 Upon termination of employment, an Employee shall receive payment for any time off in lieu hours not taken paid at the overtime rate applicable to when the overtime was worked. 25 Overtime 25.1 Employees may only work overtime if they first obtain authorisation from their Manager. 25.2 An Employee who is required to work: 25.2.1 outside the ordinary hours of work (subclause - - 25.2.2 in excess of 76 hours per fortnight; 25.2.3 in excess of 10 hours per shift; 25.2.4 in the case of a part-time Employee, in excess of their agreed part-time hours, other than where they have reached an agreement to vary those hours in accordance with subclauses shall be compensated as follows: 25.2.5 Full-time and part-time Employees: (a) Monday to Saturday (inclusive): payment of their ordinary hourly rate and an additional 50% loading for the first two (2) hours, and payment of their ordinary hourly rate and an additional 100% loading for all time worked thereafter. (b) Sunday: payment of their ordinary hourly rate and an additional 100% loading for all time worked. (c) Public Holidays: payment of their ordinary hourly rate and an additional 150% loading for all time worked. (d) Provided that the rates in subclauses 25.2.5 (a) to (c) above will be in substitution for, and not cumulative upon shift penalties and loadings. 25.2.6 Casual Employees: (a) Monday to Saturday (inclusive): payment of their ordinary hourly rate (exclusive of casual loading) and an additional 87.5% loading for the first two (2) hours, then payment of their ordinary hourly rate (exclusive of casual loading) an additional 150% loading for all time worked thereafter. (b) Sunday: payment of their ordinary hourly rate (exclusive of casual loading) and an additional 150% loading for all time worked. (c) Public Holidays: payment of their ordinary hourly rate (exclusive of casual loading) and an additional 212.5% loading for all time worked. (d) Provided that the rates in subclauses 25.2.6 (a) to (c) above will be in substitution for, and not cumulative upon shift penalties and loadings. (e) Provided further that the overtime rates in subclauses 25.2.6 (a) to (c) above are inclusive of casual loading. 25.3 Rest period after overtime 25.3.1 An Employee working overtime is entitled to 10 consecutive hours off duty between the termination of work on one shift and the commencement of work on the next shift, without loss of pay for ordinary hours. 25.3.2 If, on the instructions of the Employer, an Employee does not receive 10 consecutive hours off duty, the Employee must be paid as follows: Murray PHN Enterprise Agreement 2022 Page | 20

25.3.3

(a) for a full-time or part-time Employee - payment at their ordinary hourly rate and an
additional amount at a rate of 100% until being released from duty; and

(b) for a casual Employee - payment at their ordinary hourly rate (exclusive of casual
loading) and an additional amount at a rate of at a rate of 150% of the minimum
hourly rate until being released from duty.

Upon being released from duty, the Employee is entitled to be absent until they have had
at least 10 consecutive hours off duty, without loss of pay for ordinary working time
occurring during their absence.

25.4 Recall to work overtime

An Employee who finishes working their ordinary hours on any given day and is recalled to work
overtime after leaving the Employer's premises on that same day, will be paid for a minimum of two
(2) hours' work at the appropriate overtime rate.

25.5 Paid rest break during overtime

An Employee working overtime will take a paid rest break of 20 minutes after each four (4) hours of
overtime worked if required to continue work after the break.

26 Payment on Public Holidays

26.1 An Employee, other than a casual, required to work ordinary hours on a public holiday, or a day
taken as a substitute Public Holiday will be paid an additional 150% of their ordinary hourly rate for
all time worked .

26.2 A casual Employee required to work on a public holiday will be paid an additional 212.5% of their
ordinary hourly rate (exclusive of casual loading) for all time worked.

27 Meal and Rest Intervals

27.1 A meal interval of not less than 30 minutes and not more than 60 minutes shall be allowed for each
Employee after not more than five (5) hours of continuous work. Such meal intervals shall not be
counted as time worked .

27.2 Employees wishing to take a break longer than 60 minutes may do so subject to the consent of the
Employer.

27.3 Employees shall be entitled to a ten-minute rest interval for each four (4) hours worked . Such rest
break shall be at a time suitable to the Employer and shall be counted as time worked.

28 Stand down

28.1 The Employer may stand an Employee down without pay for any period that the Employee cannot
usefully be employed because of any strike (other than industrial action organised by the
Employer) , or a breakdown of machinery or stoppage of work for which the Employer cannot

reasonably be held responsible.

28.2 Such standing down shall not be deemed a break in the continuity of the employment of the
Employee.

Murray PHN Enterprise Agreement 2022 Page I 21

for a full-time or part-time Employee - payment at their ordinary hourly rate and an additional amount at a rate of 100% until being released from duty; and (b) for a casual Employee - payment at their ordinary hourly rate (exclusive of casual loading) and an additional amount at a rate of at a rate of 150% of the minimum hourly rate until being released from duty. (c) Provided that the overtime rates in subclause 25.3.2(b) above is inclusive of casual loading. 25.3.3 Upon being released from duty, the Employee is entitled to be absent until they have had at least 10 consecutive hours off duty, without loss of pay for ordinary working time occurring during their absence. 25.4 Recall to work overtime An Employee who finishes working their ordinary hours on any given day and is recalled to work overtime after leaving the Employer's premises on that same day, will be paid for a minimum of two (2) hours' work at the appropriate overtime rate. 25.5 Paid rest break during overtime An Employee working overtime will take a paid rest break of 20 minutes after each four (4) hours of overtime worked if required to continue work after the break. 26 Payment on Public Holidays 26.1 An Employee, other than a casual, required to work ordinary hours on a public holiday, or a day taken as a substitute Public Holiday will be paid an additional 150% of their ordinary hourly rate for all time worked. 26.2 A casual Employee required to work on a public holiday will be paid an additional 212.5% of their ordinary hourly rate (exclusive of casual loading) for all time worked. 27 Meal and Rest Intervals 27.1 A meal interval of not less than 30 minutes and not more than 60 minutes shall be allowed for each Employee after not more than five (5) hours of continuous work. Such meal intervals shall not be counted as time worked. 27.2 Employees wishing to take a break longer than 60 minutes may do so subject to the consent of the Employer. 27.3 Employees shall be entitled to a ten-minute rest interval for each four (4) hours worked. Such rest break shall be at a time suitable to the Employer and shall be counted as time worked. 28 Stand down 28.1 The Employer may stand an Employee down without pay for any period that the Employee cannot usefully be employed because of any strike (other than industrial action organised by the Employer), or a breakdown of machinery or stoppage of work for which the Employer cannot reasonably be held responsible. 28.2 Such standing down shall not be deemed a break in the continuity of the employment of the Employee. Murray PHN Enterprise Agreement 2022 Page | 21

29 Shiftworkers

29.1 Shiftworkers

29.1.1 The Employer may engage an Employee as shiftworker in writing to work shift work in
accordance with this clause .

29.2 Shift penalties

29.2.1

29.2 .2

29.2.3

Where the ordinary rostered hours of work of an Employee appointed to work as a
shiftworker finish between 7.00pm and 9.00am or commence between 7.00pm and
7.00am, the Employee will be paid 115% of the minimum hourly rate of pay applicable to
their classification and pay level.

A casual Employee who is employed as a casual shiftworker and works shiftwork as
defined in clause 29.2.1 will be paid 140% of the minimum hourly rate of pay applicable
to their classification and pay level but will not be paid the casual loading of 25%.

The shiftwork penalty rates prescribed in this clause will not apply to shiftwork performed
by any employee on Saturday, Sunday or public holidays where the extra payment
prescribed in subclause 29.3 (Saturday and Sunday Work) and subclause 26 (Payment
on a Public Holiday), apply.

29.3 Saturday and Sunday Work

29.3.1

29.3.2

29.3.3

PART6: LEAVE

For all ordinary hours worked between midnight on Friday and midnight on Saturday, an
Employee shall be paid their ordinary hourly rate and an additional 50% loading.

For all ordinary hours worked between midnight on Saturday and midnight on Sunday,
an Employee shall be paid their ordinary hourly rate and an additional 100% loading.

A casual Employee who works on a Saturday or Sunday will be paid a loading of 75% for
all time worked instead of the casual loading of 25%.

30 Annual Leave

30.1 Period of leave

30.1.1

30.1.2

An Employee, other than a casual Employee, will accrue annual leave at a rate of four
(4) weeks' annual leave per year of service; and

An Employee, other than a casual or shiftworker, who works for more than 4 ordinary
hours on 10 or more weekends during the year in which their annual leave accrues, is
entitled to one additional weeks annual leave.

30.1.3 One (1) additional weeks' annual leave for a shiftworker per year of service.

(a) For the purpose of the additional week of annual leave in the NES, a shiftworker is
an Employee who is regularly rostered to work Sundays and public holidays.

30.2 If a public holiday falls while the Employee is on annual leave, then that day shall not be deducted
from the Employee's accrued annual leave, provided that the day falls on a day on which the
Employee would normally have worked.

30.3 Annual leave shall be given or taken at a mutually agreed time as determined between the
Employee and the Employer, taking into account of the needs of the Organisation , and provided
that reasonable notice requesting the annual leave is provided by the Employee.

30.4 Annual leave shall accrue progressively in accordance with the Act.

Murray PHN Enterprise Agreement 2022 Page 122

29 Shiftworkers 29.1 Shiftworkers 29.1.1 The Employer may engage an Employee as shiftworker in writing to work shift work in accordance with this clause. 29.2 Shift penalties 29.2.1 Where the ordinary rostered hours of work of an Employee appointed to work as a shiftworker finish between 7.00pm and 9.00am or commence between 7.00pm and 7.00am, the Employee will be paid 115% of the minimum hourly rate of pay applicable to their classification and pay level. 29.2.2 A casual Employee who is employed as a casual shiftworker and works shiftwork as defined in clause 29.2.1 will be paid 140% of the minimum hourly rate of pay applicable to their classification and pay level but will not be paid the casual loading of 25% 29.2.3 The shiftwork penalty rates prescribed in this clause will not apply to shiftwork performed by any employee on Saturday. Sundav or public holidays where the extra payment prescribed in subclause 29.3 and subclause 26 , apply. 29.3 Saturday and Sunday Work 29.3.1 For all ordinary hours worked between midnight on Friday and midnight on Saturday, an Employee shall be paid their ordinary hourly rate and an additional 50% loading. 29.3.2 For all ordinary hours worked between midnight on Saturday and midnight on Sunday, an Employee shall be paid their ordinary hourly rate and an additional 100% loading. 29.3.3 A casual Employee who works on a Saturday or Sunday will be paid a loading of 75% for all time worked instead of the casual loading of 25%. PART 6: LEAVE 30 Annual Leave 30.1 Period of leave 30.1.1 An Employee, other than a casual Employee, will accrue annual leave at a rate of four (4) weeks' annual leave per year of service; and 30.1.2 An Employee, other than a casual or shiftworker, who works for more than 4 ordinary hours on 10 or more weekends during the year in which their annual leave accrues, is entitled to one additional weeks annual leave. 30.1.3 One (1) additional weeks' annual leave for a shiftworker per year of service. (a) For the purpose of the additional week of annual leave in the NES, a shiftworker is an Employee who is regularly rostered to work Sundays and public holidays. 30.2 If a public holiday falls while the Employee is on annual leave, then that day shall not be deducted from the Employee's accrued annual leave, provided that the day falls on a day on which the Employee would normally have worked. 30.3 Annual leave shall be given or taken at a mutually agreed time as determined between the Employee and the Employer, taking into account of the needs of the Organisation, and provided that reasonable notice requesting the annual leave is provided by the Employee. 30.4 Annual leave shall accrue progressively in accordance with the Act. Murray PHN Enterprise Agreement 2022 Page | 22

30.5 If the full entitlement of annual leave is not taken in any one year, the portion not taken will be
cumulative from year to year.

30.6 Part-time entitlement

30.6.1

30.6.2

A part-time Employee shall be entitled to annual leave on a pro-rata basis .

Provided that where the ordinary hours for a part-time Employee have varied over a
period of accrual for annual leave , the average ordinary hours shall be determined and
used as the basis for calculating the payment for annual leave.

30.7 Termination of employment

30.7.1

30.7.2

An Employee terminating employment during the year shall be entitled to pro-rata annual
leave that has accrued but is not yet taken.

All accrued annual leave shall be paid out at the rate which would have been payable to
the Employee had the Employee taken the period of leave.

30.8 Direction to take Annual Leave

30.8.1

30.8.2

30 .8.3

An Employee has an excess annual leave accrual if the Employee has accrued eight (8)
weeks or more annual leave (or 10 weeks' paid annual leave for a shiftworker defined in
subclause 30.1.3).

Where an Employee has accrued excess annual leave and the Employer has genuinely
tried to reach agreement with an Employee on how to reduce or eliminate the excessive
leave accrual , the Employer may direct the Employee in writing to take one or more
period of paid annual leave.

The amount of annual leave that an Employee can be directed to take is of any amount
provided that:

(a) The Employee's remaining accrued entitlement to paid annual leave is no less
than six (6) weeks when any other paid annual leave arrangements are taken into
account; and

(b) the Employee is not required to take any period of paid annual leave of less than
one week; and

(c) must not require the Employee to take a period of paid annual leave beginning less
than eight (8) weeks, or more than 12 months , after the direction is given; and

(d) must not be inconsistent with any leave arrangement agreed by the Employer and
Employee.

30.9 Leave taken in advance of accrual.

30.9.1

30.9.2

30.9.3

An Employee may apply to the Employer to take up to two (2) weeks' annual leave in
advance of the accrual.

The Employer must authorise any request to advance the Employee annual leave and
will have sole discretion to provide such authority.

If, on the termination of the Employee's employment, the Employee has not accrued an
entitlement to all of a period of paid annual leave already taken in accordance with an
agreement under subclause 30.9.1, the Employer may deduct, from any money due to
the Employee on termination , an amount equal to the amount that was paid to the
Employee, in respect of any part of the period of annual leave taken in advance to which
an entitlement has not been accrued .

30.10 Illness while on annual leave

30.10.1 If an Employee becomes sick while on annual leave on which they would otherwise have
worked , and forwards to the Employer a certificate of a legally qualified medical

Murray PHN Enterprise Agreement 2022 Page 123

30.5 If the full entitlement of annual leave is not taken in any one year, the portion not taken will be cumulative from year to year. 30.6 Part-time entitlement 30.6.1 A part-time Employee shall be entitled to annual leave on a pro-rata basis. 30.6.2 Provided that where the ordinary hours for a part-time Employee have varied over a period of accrual for annual leave, the average ordinary hours shall be determined and used as the basis for calculating the payment for annual leave. 30.7 Termination of employment 30.7.1 An Employee terminating employment during the year shall be entitled to pro-rata annual leave that has accrued but is not yet taken. 30.7.2 All accrued annual leave shall be paid out at the rate which would have been payable to the Employee had the Employee taken the period of leave. 30.8 Direction to take Annual Leave 30.8.1 An Employee has an excess annual leave accrual if the Employee has accrued eight (8) weeks or more annual leave (or 10 weeks' paid annual leave for a shiftworker defined in subclause 30.1.3). 30.8.2 Where an Employee has accrued excess annual leave and the Employer has genuinely tried to reach agreement with an Employee on how to reduce or eliminate the excessive leave accrual, the Employer may direct the Employee in writing to take one or more period of paid annual leave. 30.8.3 The amount of annual leave that an Employee can be directed to take is of any amount provided that: )The Employee's remaining accrued entitlement to paid annual leave is no less than six (6) weeks when any other paid annual leave arrangements are taken into account; and (b) the Employee is not required to take any period of paid annual leave of less than one week; and (c) must not require the Employee to take a period of paid annual leave beginning less than eight (8) weeks, or more than 12 months, after the direction is given; and (d) must not be inconsistent with any leave arrangement agreed by the Employer and Employee. 30.9 Leave taken in advance of accrual. 30.9.1 An Employee may apply to the Employer to take up to two (2) weeks' annual leave in advance of the accrual. 30.9.2 The Employer must authorise any request to advance the Employee annual leave and will have sole discretion to provide such authority. 30.9.3 If, on the termination of the Employee's employment, the Employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under subclause the Employer may deduct, from any money due to the Employee on termination, an amount equal to the amount that was paid to the Employee, in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. 30.10 Illness while on annual leave 30.10.1 If an Employee becomes sick while on annual leave on which they would otherwise have worked, and forwards to the Employer a certificate of a legally qualified medical Murray PHN Enterprise Agreement 2022 Page | 23

30.10.2 Where an Employee is unable to provide a Medical Certificate, a statutory declaration
may be provided in its place.

30.11 Annual close down

30.11.1 Notwithstanding anything contained in this Agreement, the Employer may at its
discretion close down one or more of its offices during the Christmas/New Year period.

30.11.2 The Employer will provide Employees with a notice of intention no later than 01
December each year about the application of a close down period.

30.11.3 If the Employer chooses to close down one or more of its offices, all Employees who
would normally be rostered to work at those offices which are closed down will not be
required to attend for duty and will be paid ordinary time for those days that are not
public holidays and which the Employee would have otherwise worked . The paid time
will not be deducted from the Employee's leave accruals or time in lieu balance .

30 .11.4 Employees that are required to work during the close down period detailed in subclause
30.11 .3 are entitled to take a substitute day off for each day that they work during the
close down. For the avoidance of doubt an Employee who is recalled to work a partial
day is entitled to full substitute day.

30.11.5 The substitute day or days off must be taken within six months of the worked close down
day. If the Employee does not take the substitute day off within this timeframe, it will be
paid out at ordinary rates.

30.11.6 While recognising that the calendar (and therefore the close-down period) will vary from
year to year, this provision will only extend to a maximum of 4 working days.

30.12 Cashing out of annual Leave

30.12.1 An Employee will be entitled to request to forgo a credit of annual leave in lieu of
payment ("cash out"). The Employer and the Employee must not agree to the Employee
cashing out an amount of paid annual leave if the agreement would result in the
Employee's remaining accrued entitlement to paid annual leave being less than four (4)
weeks.

30.12.2 An Employee will only be able to cash out a period of annual leave after the Employee
has accrued a credit of such leave and an Employee will not be able to cash out annual
leave in advance.

30.12.3 For each occasion requested, the Employee must provide the Employer with a written
request to cash out an annual leave entitlement.

30.12.4 The Employer must authorise any request to cash out annual leave and will have sole
discretion to provide such authority.

30.12.5 If the Employer agrees to the Employee's request, they shall enter into an agreement
which states, the amount of leave to be cashed out, the amount that will be paid and the
date of the payment.

30.12.6 An agreement under clause 30.12.5 must be signed by the Employer and Employee
and, if the Employee is under 18 years of age, by the Employee's parent or guardian .

30.12. 7 The payment must not be less than the amount that would have been payable had the
Employee taken the leave at the time the payment is made.

30.12.8 The Employer will not require an Employee to cash out any of their annual leave.

Murray PHN Enterprise Agreement 2022 Page 124

practitioner as soon as practicable, then the days specified in the certificate shall be deducted from the Employee's accrued personal/carer's leave, and shall be re-credited to the Employee's annual leave entitlement. 30.10.2 Where an Employee is unable to provide a Medical Certificate, a statutory declaration may be provided in its place. 30.11 Annual close down 30.11.1 Notwithstanding anything contained in this Agreement, the Employer may at its discretion close down one or more of its offices during the Christmas/New Year period. 30.11.2 The Employer will provide Employees with a notice of intention no later than 01 December each year about the application of a close down period. 30.11.3 If the Employer chooses to close down one or more of its offices, all Employees who would normally be rostered to work at those offices which are closed down will not be required to attend for duty and will be paid ordinary time for those days that are not public holidays and which the Employee would have otherwise worked. The paid time will not be deducted from the Employee's leave accruals or time in lieu balance. 30.11.4 Employees that are required to work during the close down period detailed in subclause are entitled to take a substitute day off for each day that they work during the close down. For the avoidance of doubt an Employee who is recalled to work a partial day is entitled to full substitute day. 30.11.5 The substitute day or days off must be taken within six months of the worked close down day. If the Employee does not take the substitute day off within this timeframe, it will be paid out at ordinary rates. 30.11.6 While recognising that the calendar (and therefore the close-down period) will vary from year to year, this provision will only extend to a maximum of 4 working days. 30.12 Cashing out of annual Leave 30.12.1 An Employee will be entitled to request to forgo a credit of annual leave in lieu of payment ("cash out"). The Employer and the Employee must not agree to the Employee cashing out an amount of paid annual leave if the agreement would result in the Employee's remaining accrued entitlement to paid annual leave being less than four (4) weeks. 30.12.2 An Employee will only be able to cash out a period of annual leave after the Employee has accrued a credit of such leave and an Employee will not be able to cash out annual leave in advance. 30.12.3 For each occasion requested, the Employee must provide the Employer with a written request to cash out an annual leave entitlement. 30.12.4 The Employer must authorise any request to cash out annual leave and will have sole discretion to provide such authority. 30.12.5 If the Employer agrees to the Employee's request, they shall enter into an agreement which states, the amount of leave to be cashed out, the amount that will be paid and the date of the payment. 30.12.6 An agreement under clause must be signed by the Employer and Employee and, if the Employee is under 18 years of age, by the Employee's parent or guardian. 30.12.7 The payment must not be less than the amount that would have been payable had the Employee taken the leave at the time the payment is made. 30.12.8 The Employer will not require an Employee to cash out any of their annual leave. Murray PHN Enterprise Agreement 2022 Page | 24

30.13 Purchased Annual Leave Arrangements

30.13.1 An Employee may make a request for one of the following Purchased Leave
arrangements of:

(a) 12 months purchased leave arrangements; or
(i) 48/52 arrangement: An additional four (4) weeks annual leave per year may

be purchased , providing the Employee with a total of eight (8) weeks annual
leave in a year (provided they are not a shift worker as defined in
subclause 29.1 , who would be entitled to nine (9) weeks' in the year) and
receive 48 weeks' salary which would be payable over the full 52 weeks; or

(ii) 50/52 arrangement: An additional two (2) weeks annual leave per year,
providing the Employee with a total of six (6) weeks annual leave in a year
(provided they are not a shiftworker as defined in subclause 29.1, who would
be entitled to seven (7) weeks' in the year) and receive 50 weeks' salary which
would be payable over the full 52 weeks.

(b) Six (6) months purchased leave arrangements
(i) 24/26 arrangement: An additional two (2) weeks annual leave for the six (6)

month period may be purchased, providing the Employee with a total of four
(4) weeks' annual leave in the applicable six (6) month period (provided they
are not a shiftworker as defined in subclause 29.1, who would be entitled to
four and a half (4.5) weeks' in the half year) and receive 24 weeks' salary
which would be payable over the full 26 weeks; or

(ii) 25/26 arrangement: An additional one ( 1) week annual leave for the six (6)
month period , providing the Employee with a total of three (3) weeks' annual
leave in the applicable six (6) month period (provided they are not a shift
worker as defined in subclause 29.1, who would be entitled to three and a half
(3.5) weeks' in the year) and receive 25 weeks' salary which would be payable
over the full 26 weeks.

30 .13.2 For both six (6) and 12 month timeframe options, an Employee may make a request in
writing to the Employer at any time for approval to purchase additional annual leave.

30 .13.3 Part-time Employees are eligible to apply for purchased annual leave under the same
arrangements in subclause 30.13.1 on a pro-rata basis.

30.13.4 Approval of the purchased annual leave will be at the Employer's discretion taking into
account, but not limited to, the following:

30.13.5

30.13.6

30.13.7

30 .13.8

30.13.9

(a) The operational requirements of the Employer.
(b) The Employee's existing leave balance.
(c) The Employee having at least an expected employment timeframe that spans the

purchase leave period that is being applied for .

Accrual of Personal/Carer's leave, Annual leave and Long Service Leave is unaffected
by purchased leave arrangements.

Annual leave (subclause 30.1) accrued during the purchased leave timeframe must be
used prior to the Employee accessing their purchased annual leave.

Purchased annual leave must be taken within the applicable purchased leave timeframe.

Purchased annual leave does not accrue and any portion of unused purchased annual
leave is paid out to the Employee at the end of the applicable purchased leave period .

At the completion of the 12 or six (6) month purchase leave arrangement the Employee
will automatically revert back to 52/52 or 26/26 employment.

Murray PHN Enterprise Agreement 2022 Page 125

30.13 Purchased Annual Leave Arrangements 30.13.1 An Employee may make a request for one of the following Purchased Leave arrangements of: (a) 12 months purchased leave arrangements; or (i) 48/52 arrangement: An additional four (4) weeks annual leave per year may be purchased, providing the Employee with a total of eight (8) weeks annual leave in a vear (provided they are not a shift worker as defined in subclause who would be entitled to nine (9) weeks' in the year) and receive 48 weeks' salary which would be payable over the full 52 weeks; or (ii) 50/52 arrangement: An additional two (2) weeks annual leave per year, providing the Employee with a total of six (6) weeks annual leave in a year (provided they are not a shiftworker as defined in subclause who would be entitled to seven (7) weeks' in the year) and receive 50 weeks' salary which would be payable over the full 52 weeks. (b) Six (6) months purchased leave arrangements (i) 24/26 arrangement: An additional two (2) weeks annual leave for the six (6) month period may be purchased, providing the Employee with a total of four (4) weeks' annual leave in the applicable six (6) month period (provided they are not a shiftworker as defined in subclause who would be entitled to four and a half (4.5) weeks' in the half year) and receive 24 weeks' salary which would be payable over the full 26 weeks; or (ii) 25/26 arrangement: An additional one (1) week annual leave for the six (6) month period, providing the Employee with a total of three (3) weeks' annual leave in the applicable six (6) month period (provided they are not a shift worker as defined in subclause who would be entitled to three and a half (3.5) weeks' in the year) and receive 25 weeks' salary which would be payable over the full 26 weeks 30.13.2 For both six (6) and 12 month timeframe options, an Employee may make a request in writing to the Employer at any time for approval to purchase additional annual leave. 30.13.3 Part-time Employees are eligible to apply for purchased annual leave under the same arrangements in subclause on a pro-rata basis. 30.13.4 Approval of the purchased annual leave will be at the Employer's discretion taking into account, but not limited to, the following: (a) The operational requirements of the Employer. (b) The Employee's existing leave balance. (c) The Employee having at least an expected employment timeframe that spans the purchase leave period that is being applied for. 30.13.5 Accrual of Personal/Carer's leave, Annual leave and Long Service Leave is unaffected by purchased leave arrangements. 30.13.6 Annual leave (subclause accrued during the purchased leave timeframe must be used prior to the Employee accessing their purchased annual leave. 30.13.7 Purchased annual leave must be taken within the applicable purchased leave timeframe. 30.13.8 Purchased annual leave does not accrue and any portion of unused purchased annual leave is paid out to the Employee at the end of the applicable purchased leave period. 30.13.9 At the completion of the 12 or six (6) month purchase leave arrangement the Employee will automatically revert back to 52/52 or 26/26 employment. Murray PHN Enterprise Agreement 2022 Page | 25

30.13.10 The Employee will provide four ( 4) weeks' written notice to apply for, vary or cancel their
purchased leave arrangement.

31 Personal/Carer's Leave

31.1 The provisions of this clause apply to full time and part time Employees but do not apply to casual
Employees unless otherwise stated.

31.2 Personal Leave comprises of both sick leave and carer's leave. Paid personal/ carer's leave is
available to an Employee when their absence from work is due to:

31 .2.1

31.2.2

the Employee is not fit for work because of a personal illness, or personal injury affecting
the Employee; or

the Employee is providing 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 of:

(a) a personal illness or personal injury affecting the member; or
(b) an unexpected emergency affecting the member.

Note: See subclause 2. 6 for definition of Immediate Family
Note: Where Personal/Carer's leave provisions do not apply, the Employee is reminded of access to other
leave options e.g., Life Leave.

31.3 The amount of paid personal/carer's leave to which a full-time Employee is entitled is 15 days per
year. Paid personal leave is applied pro-rata for part-time Employees.

31.4 Personal/Carer's leave will accrue progressively.

31.5 If the full entitlement of personal/carer's leave is not taken in any one year, the portion not taken
will be cumulative from year to year.

31.6 The Employer shall not terminate the service of the Employee during the currency of any period of
personal/carer's leave, with the object of avoiding their obligations under this clause .

31.7 Notification requirements:

31.7.1

31 .7.2

31.7.3

31.7.4

31 .7.5

An Employee is to notify their Manager as soon as practicable if they are unable to
attend work due the requirement for personal/carer's leave.

In addition to subclause 31. 7 .1 where the personal leave requirement is for Carer's
leave, the Employee will provide the name of the person requiring care; their relationship
to the Employee; the reasons for taking such leave and the estimated length of absence.

An Employee is required to provide acceptable evidence for absences of
personal/carer's leave for the following:

(a) three or more consecutive days on any one occasion; or
(b) for absence of more than five single days in any year; or
(c) more than three occasions in any year where two consecutive days of personal

leave is taken at a time.

For the purpose of subclause 31 .7.3 the definition of a year is based on the financial
year.

Unless otherwise agreed by the Employer, 'acceptable evidence' will be a medical
certificate from a legally qualified medical practitioner, or if it is not reasonably
practicable for the Employee to give the Employer a medical certificate, a statutory
declaration made by the Employee.

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30.13.10 The Employee will provide four (4) weeks' written notice to apply for, vary or cancel their purchased leave arrangement. 31 Personal/Carer's Leave 31.1 The provisions of this clause apply to full time and part time Employees but do not apply to casual Employees unless otherwise stated. 31.2 Personal Leave comprises of both sick leave and carer's leave. Paid personal / carer's leave is available to an Employee when their absence from work is due to: 31.2.1 the Employee is not fit for work because of a personal illness, or personal injury affecting the Employee; or 31.2.2 the Employee is providing 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 of: (a) a personal illness or personal injury affecting the member; or (b) an unexpected emergency affecting the member. Note: See subclause or definition of Immediate Family Note: Where Personal/Carer's leave provisions do not apply, the Employee is reminded of access to other leave options e.g ., Life Leave 31.3 The amount of paid personal/carer's leave to which a full-time Employee is entitled is 15 days per year. Paid personal leave is applied pro-rata for part-time Employees. 31.4 Personal/Carer's leave will accrue progressively. 31.5 If the full entitlement of personal/carer's leave is not taken in any one year, the portion not taken will be cumulative from year to year. 31.6 The Employer shall not terminate the service of the Employee during the currency of any period of personal/carer's leave, with the object of avoiding their obligations under this clause. 31.7 Notification requirements: 31.7.1 An Employee is to notify their Manager as soon as practicable if they are unable to attend work due the requirement for personal/carer's leave. 31.7.2 In addition to subclause 31.7.1 where the personal leave requirement is for Carer's leave, the Employee will provide the name of the person requiring care; their relationship to the Employee; the reasons for taking such leave and the estimated length of absence. 31.7.3 An Employee is required to provide acceptable evidence for absences of personal/carer's leave for the following: (a) three or more consecutive days on any one occasion; or (b) for absence of more than five single days in any year; or (c) more than three occasions in any year where two consecutive days of personal leave is taken at a time. 31.7.4 For the purpose of subclause 31.7.3 the definition of a year is based on the financial year. 31.7.5 Unless otherwise agreed by the Employer, 'acceptable evidence' will be a medical certificate from a legally qualified medical practitioner, or if it is not reasonably practicable for the Employee to give the Employer a medical certificate, a statutory declaration made by the Employee. Murray PHN Enterprise Agreement 2022 Page | 26

31.8 Unpaid Carer's Leave

31.8.1

31.8.2

31 .8.3

An Employee is entitled to two (2) days of unpaid carer's leave for each occasion
(a permissible occasion) when a member of the Employee's Immediate Family, or a
member of the Employee's household, requires care or support because of:

(a) a personal illness or personal injury affecting the member; or
(b) an unexpected emergency affecting the member.

An Employee may take unpaid carer's leave for a particular permissible occasion as:

(a) a single continuous period of up to two (2) days; or
(b) any separate periods to which the Employee and the Employer agree.

An Employee cannot take unpaid carer's leave during a particular period if the Employee
could instead take paid personal/carer's leave.

Note: See subclause 2.6 for definition of Immediate Family

31.9 Casual Employees - Caring Responsibilities

31.9.1

31.9.2

31 .9.3

Casual Employees are entitled not to be available to attend work, or are entitled to leave
work:

(a) If they need to care for members of their Immediate Family or household who are
sick and require care and support, or who require care due to an unexpected
emergency; or

(b) Upon the death of an Immediate Family or household member.

The Employer and Employee shall agree on the period for which the Employee will be
entitled to not be available to attend work. In the absence of agreement, the Employee is
entitled to not be available to attend work for up to two (2) days per permissible
occasion. The casual Employee is not entitled to payment for the period of non
attendance.

The Employer must not fail to re-engage a casual Employee because the Employee
accessed the entitlements provided for in subclause 31 .9 (Casual Employees - Caring
Responsibilities). The rights of an Employer to engage or not to engage a casual
Employee are otherwise not affected, other than in accordance with subclause 31 .9
(Casual Employees - Caring Responsibilities) .

Note: See subclause 2.6 for definition of Immediate Family

32 Life Leave

32.1 Life Leave is related to the enabling the Employee the capacity to attend to life matters which affect
their general sense of wellbeing and their ongoing sustainability in the workplace.

32.2 An Employee will be entitled to convert up two (2) days Personal/Carer's Leave to Life Leave per
annum based on the financial year.

32.3 For avoidance of doubt, Life Leave remains as accrued Personal/Carer's Leave until such time the
Employee applies for and uses Life Leave.

32.4 Life Leave shall be given or taken at a mutually agreed time as determined between the Employee
and the Employer taking into account the needs of the organisation, based on reasonable notice
that is given by the Employee of the request to take the Life Leave.

32.5 If Life Leave is accessed by the Employee as a result of an unforeseen event the Employee will
notify their Manager as soon as practicable of their circumstances and their unavailability for work.

Murray PHN Enterprise Agreement 2022 Page 127

31.8 Unpaid Carer's Leave 31.8.1 An Employee is entitled to two (2) days of unpaid carer's leave for each occasion (a permissible occasion) when a member of the Employee's Immediate Family, or a member of the Employee's household, requires care or support because of: (a) a personal illness or personal injury affecting the member; or (b) an unexpected emergency affecting the member. 31.8.2 An Employee may take unpaid carer's leave for a particular permissible occasion as: (a) a single continuous period of up to two (2) days; or (b) any separate periods to which the Employee and the Employer agree. 31.8.3 An Employee cannot take unpaid carer's leave during a particular period if the Employee could instead take paid personal/carer's leave. Note: See subclause for definition of Immediate Family 31.9 Casual Employees - Caring Responsibilities 31.9.1 Casual Employees are entitled not to be available to attend work, or are entitled to leave work: (a) If they need to care for members of their Immediate Family or household who are sick and require care and support, or who require care due to an unexpected emergency; or (b) Upon the death of an Immediate Family or household member. 31.9.2 The Employer and Employee shall agree on the period for which the Employee will be entitled to not be available to attend work. In the absence of agreement, the Employee is entitled to not be available to attend work for up to two (2) days per permissible occasion. The casual Employee is not entitled to payment for the period of non- attendance. 31.9.3 The Employer must not fail to re-engage a casual Employee because the Employee accessed the entitlements provided for in subclause 31.9 (Casual Employees - Caring Responsibilities). The rights of an Employer to engage or not to engage a casual Employee are otherwise not affected, other than in accordance with subclause 31.9 (Casual Employees - Caring Responsibilities). Note: See subclause or definition of Immediate Family 32 Life Leave 32.1 Life Leave is related to the enabling the Employee the capacity to attend to life matters which affect their general sense of wellbeing and their ongoing sustainability in the workplace. 32.2 An Employee will be entitled to convert up two (2) days Personal/Carer's Leave to Life Leave per annum based on the financial year. 32.3 For avoidance of doubt, Life Leave remains as accrued Personal/Carer's Leave until such time the Employee applies for and uses Life Leave. 32.4 Life Leave shall be given or taken at a mutually agreed time as determined between the Employee and the Employer taking into account the needs of the organisation, based on reasonable notice that is given by the Employee of the request to take the Life Leave. 32.5 If Life Leave is accessed by the Employee as a result of an unforeseen event the Employee will notify their Manager as soon as practicable of their circumstances and their unavailability for work. Murray PHN Enterprise Agreement 2022 Page | 27

32.6 Life Leave:

(a) does not accumulate from year to year; and
(b) is available to full and part-time Employees; and
(c) may be taken as two single days or as a continuous two day period.
( d) does not require evidentiary support.

33 Compassionate Leave

33.1 Employees will be entitled, on the death or serious illness or funeral of an Immediate Family
Member or household member, to a period of two (2) days paid compassionate leave for each
permissible occasion. Approval of an absence of more than two (2) days for each permissible
occasion will be at the discretion of the Employee's Manager.

33.2 Provided further that this clause shall have no effect while the period of entitlement to leave under
it coincides with any other period of entitlement to leave.

33.3 Compassionate leave is not subject to accrual.

Note: See subclause 2. 6 for definition of Immediate Family

34 Long Service Leave

34.1 Entitlement

34.1.1

34.1.2

An Employee shall be entitled to long service leave with ordinary pay, in respect of
continuous service with the Employer in accordance with the provisions of this clause.

Employees will be entitled to:

(a) 13 weeks long service leave on ordinary pay after completing 10 years of service;
and

(b) thereafter, an additional 1.3 weeks of long service leave on ordinary pay on
completing each further year of continuous service with the Employer.

34.2 For the purposes of this clause "ordinary pay" means the pay an Employee is entitled to receive at
the time they take long service leave for working their normal weekly hours at their ordinary time
rate of pay.

34.3 If no normal weekly number of hours of work is fixed for an Employee's work under this agreement;
or the normal weekly number of hours is fixed but is changed one or more times during the 12
months immediately before the Employee takes long service leave, the Employee's normal weekly
number of hours of work is to be taken to be the greater of the following:

(a) the average weekly number of hours worked by the Employee in the 12 months immediately
before they take long service leave; or

(b) the average weekly number of hours worked by the Employee in the five (5) years
immediately before they take long service leave.

34.4 The Employer shall keep or cause to be kept a long service record for each Employee, containing
particulars of service, leave taken and payments made.

34.5 If a public holiday falls while the Employee is on Long Service leave, then that day shall not be
deducted from the Employee's accrued Long Service leave, provided that the day falls on a day on
which the Employee would normally have worked.

34.6 The Employer may approve an application by an Employee to take double the period of long
service leave at half the pay.

Murray PHN Enterprise Agreement 2022 Page 128

32.6 Life Leave: (a) does not accumulate from year to year; and (b) is available to full and part-time Employees; and (c) may be taken as two single days or as a continuous two day period. (d) does not require evidentiary support. 33 Compassionate Leave 33.1 Employees will be entitled, on the death or serious illness or funeral of an Immediate Family Member or household member, to a period of two (2) days paid compassionate leave for each permissible occasion. Approval of an absence of more than two (2) days for each permissible occasion will be at the discretion of the Employee's Manager. 33.2 Provided further that this clause shall have no effect while the period of entitlement to leave under it coincides with any other period of entitlement to leave. 33.3 Compassionate leave is not subject to accrual. Note: See subclause or definition of Immediate Family 34 Long Service Leave 34.1 Entitlement 34.1.1 An Employee shall be entitled to long service leave with ordinary pay, in respect of continuous service with the Employer in accordance with the provisions of this clause. 34.1.2 Employees will be entitled to: (a) 13 weeks long service leave on ordinary pay after completing 10 years of service; and (b) thereafter, an additional 1.3 weeks of long service leave on ordinary pay on completing each further year of continuous service with the Employer. 34.2 For the purposes of this clause "ordinary pay" means the pay an Employee is entitled to receive at the time they take long service leave for working their normal weekly hours at their ordinary time rate of pay. 34.3 If no normal weekly number of hours of work is fixed for an Employee's work under this agreement; or the normal weekly number of hours is fixed but is changed one or more times during the 12 months immediately before the Employee takes long service leave, the Employee's normal weekly number of hours of work is to be taken to be the greater of the following: (a) the average weekly number of hours worked by the Employee in the 12 months immediately before they take long service leave; or (b) the average weekly number of hours worked by the Employee in the five (5) years immediately before they take long service leave. 34.4 The Employer shall keep or cause to be kept a long service record for each Employee, containing particulars of service, leave taken and payments made. 34.5 If a public holiday falls while the Employee is on Long Service leave, then that day shall not be deducted from the Employee's accrued Long Service leave, provided that the day falls on a day on which the Employee would normally have worked. 34.6 The Employer may approve an application by an Employee to take double the period of long service leave at half the pay. Murray PHN Enterprise Agreement 2022 Page | 28

34.8 Long Service Leave - Continuous Service

34.8.1

34.8.2

34.8.3

For the purpose of Long Service Leave continuous service means a period of
unbroken service with the Employer by an Employee as defined by the Long Service
Leave Act 2018 (Vic) as amended , updated or replaced from time to time.

Periods that count towards continuous service.

For the purpose of this Agreement continuous service shall not be broken
notwithstanding;
(a) an absence from work on any form of paid leave;
(b) any interruption or ending of employment by the Employer if made with the

intention of avoiding obligations in respect of long service leave or annual leave;
( c) any absence on account of illness or injury arising out of or in the course of the

employment for a period during which an Employee is receiving accident pay;
(d) a period of absence (paid and unpaid) of community service leave (clause 37)
(e) any absence from work of up to 52 weeks;
(f) a period of standdown under clause 28 (standdown)
(g) a period of leave or absence of a kind prescribed by the Long Service Leave Act

2018 (Vic)

Periods that do not break Continuous Service, but do not count towards Continuous
Service.

(a) any period of unpaid leave not referred to in subclause 34.8.2;
(b) any period of unauthorised absence ;
(c) subject to the requirements of the LSL Act, any interruption arising directly or

indirectly from an industrial dispute;
( d) a period of leave or absence of a kind prescribed by the Long Service leave Act

2018 (Vic)

35 Parental Leave

35.1 Clause Structure

This clause is structured as follows:
(a) Definitions - subclause 35.2
(b) Eligibility - subclause 35.3
(c) Unpaid Long Parental Leave - subclause 35.4

(i) Flexible Unpaid Long Parental leave - subclause 35.4.8
(ii) Hospitalised children - Agreement to not take Unpaid Long Parental Leave -

subclause 35.4.9
(d) Unpaid Short Parental Leave - subclause 35.5
(e) Paid Parental Leave components - subclause 35.6
(f) Parental Leave - Interaction with other Employment Conditions subclause 35.7
(g) Notice and evidence requirements - subclause 35.8
(h) Variation of Parental Leave period (up to 12 months) - subclause 35.9
(i) Right to request an extension of Parental Leave beyond 12 months - subclause 35.10
(j) Communication with an Employee on Parental leave - subclause 35.11
(k) Keeping in touch days - subclause 35 .12
(I) Transfer to a safe job - subclause 35.13

Murray PHN Enterprise Agreement 2022 Page 129

34.7 It is recommended the Employee seeks independent advice regarding the taxation implications of seeking payment under subclause 34.6. The Employer shall not be held responsible in any way for the cost or outcome of any such advice. 34.8 Long Service Leave - Continuous Service 34.8.1 For the purpose of Long Service Leave continuous service means a period of unbroken service with the Employer by an Employee as defined by the Long Service Leave Act 2018 (Vic) as amended, updated or replaced from time to time. 34.8.2 Periods that count towards continuous service. For the purpose of this Agreement continuous service shall not be broken notwithstanding; (a) an absence from work on any form of paid leave; (b) any interruption or ending of employment by the Employer if made with the intention of avoiding obligations in respect of long service leave or annual leave; (c) any absence on account of illness or injury arising out of or in the course of the employment for a period during which an Employee is receiving accident pay; (d) a period of absence (paid and unpaid) of community service leave (clause 37) (e) any absence from work of up to 52 weeks; (f) a period of standdown under clause 28 (standdown) (g) a period of leave or absence of a kind prescribed by the Long Service Leave Act 2018 (Vic) 34.8.3 Periods that do not break Continuous Service, but do not count towards Continuous Service. (a) any period of unpaid leave not referred to in subclause 34.8.2; (b) any period of unauthorised absence; (c) subject to the requirements of the LSL Act, any interruption arising directly or indirectly from an industrial dispute; (d) a period of leave or absence of a kind prescribed by the Long Service leave Act 2018 (Vic) 35 Parental Leave 35.1 Clause Structure This clause is structured as follows: 'a Definitions - subclause 35.2 (b) Eligibility - subclause 35.3 (c) Unpaid Long Parental Leave - subclause 35.4 (i) Flexible Unpaid Long Parental leave - subclause 35.4.8 (ii) Hospitalised children - Agreement to not take Unpaid Long Parental Leave - subclause 35.4.9 (d) Unpaid Short Parental Leave - subclause 35.5 (e) Paid Parental Leave components - subclause 35.6 (f) Parental Leave - Interaction with other Employment Conditions subclause 35.7 (g) Notice and evidence requirements - subclause 35.8 (h) Variation of Parental Leave period (up to 12 months) - subclause 35.9 (i) Right to request an extension of Parental Leave beyond 12 months - subclause 35.10 (i) Communication with an Employee on Parental leave - subclause 35.11 (k) Keeping in touch days - subclause 35.12 (1) Transfer to a safe job - subclause 35.13 Murray PHN Enterprise Agreement 2022 Page | 29

35.2 Definitions

35.2.1 Applicable Date means the date on which the Employee must have completed 12
months of service as defined under subclause 35.3.4

35.2.2 Child means:

(a) in relation to birth-related leave, a child (or children from a multiple birth) of the
Eligible Employee or the Eligible Employee's Spouse; or

(b) in relation to adoption-related leave and Custodial Leave, a child (or children)
under 16 (as at the Day of Placement or expected day of placement) who is
placed, or who is to be placed with the Eligible Employee for the purposes of
adoption or guardianship, other than a child or step-child of the Eligible Employee
or of the Spouse of the Eligible Employee or a child who has previously lived
continuously with the Eligible Employee for a period of six (6) months or more
(Adopted Child);

35.2.3 For the purposes of this clause 35 continuous service shall have the same meaning as
that in the Act.

35.2.4 Custodial Leave means the leave available to an Eligible Employee who, other than
through birth or adoption is, or intends in the near future to apply to be, a Child 's
guardian and who assumes the responsibility for the Child's daily and ongoing care and
is with whom the Child physically resides.

35.2.5 Day of Placement, in relation to the adoption of a Child by an Employee, means the
earlier of the following days:

(a) the day on which the Employee first takes custody of the Child for the adoption; or
(b) the day on which the Employee starts any travel that is reasonably necessary to

take custody of the Child for the adoption.

35.2.6 Eligible Employee is defined under subclause 35.3 (Eligibility)

35.2.7 Employee Couple has the same meaning as under the Act.

35.2.8 Flexible Unpaid Long Parental Leave means the 30 days' unpaid parental leave an
Eligible Employee may take as part of their 52 weeks' entitlement of Unpaid Long
Parental Leave ( subclause 35.4 ).

35.2.9 Long Parental Leave means the 52 weeks parental leave an Eligible Employee may
take. A person taking Long Parental Leave is the Primary Carer for this period for the
purpose of this definition .

35.2.10 Notional Flexible Period is the period during which the Eligible Employee would be on
Flexible Unpaid Long Parental Leave if the Eligible Employee took leave for all the
Eligible Employee's Flexible Unpaid Long Parental Leave days in a single continuous
period.

Murray PHN Enterprise Agreement 2022 Page 130

(m) Paid no safe job leave - subclause 35.14 (n) Unpaid no safe job leave - subclause 35.15 (o) Special Maternity leave - subclause 35.16 (p) Still birth - subclause 35.17 (q) Adoption and Custodial leave - subclause 35.18 (r) Replacement Employees - subclause 35.19 (s) Returning to work after a period of Parental Leave - subclause 35.20 (t) Employee who ceases to have responsibility for care of a child - subclause 35.21 (u) Employment Flexibility post Long Parental Leave - subclause 35.22 35.2 Definitions 35.2.1 Applicable Date means the date on which the Employee must have completed 12 months of service as defined under subclause 35.2.2 Child means: (a) in relation to birth-related leave, a child (or children from a multiple birth) of the Eligible Employee or the Eligible Employee's Spouse; or (b) in relation to adoption-related leave and Custodial Leave, a child (or children) under 16 (as at the Day of Placement or expected day of placement) who is placed, or who is to be placed with the Eligible Employee for the purposes of adoption or guardianship, other than a child or step-child of the Eligible Employee or of the Spouse of the Eligible Employee or a child who has previously lived continuously with the Eligible Employee for a period of six (6) months or more (Adopted Child); (c) as the case requires, includes a Stillborn Child. 35.2.3 For the purposes of this clause 35 continuous service shall have the same meaning as that in the Act. 35.2.4 Custodial Leave means the leave available to an Eligible Employee who, other than through birth or adoption is, or intends in the near future to apply to be, a Child's guardian and who assumes the responsibility for the Child's daily and ongoing care and is with whom the Child physically resides. 35.2.5 Day of Placement, in relation to the adoption of a Child by an Employee, means the earlier of the following days: (a) the day on which the Employee first takes custody of the Child for the adoption; or (b) the day on which the Employee starts any travel that is reasonably necessary to take custody of the Child for the adoption. 35.2.6 Eligible Employee is defined under subclause 'Eligibility) 35.2.7 Employee Couple has the same meaning as under the Act. 35.2.8 Flexible Unpaid Long Parental Leave means the 30 days' unpaid parental leave an Eligible Employee may take as part of their 52 weeks' entitlement of Unpaid Long Parental Leave (subclause 35.2.9 Long Parental Leave means the 52 weeks parental leave an Eligible Employee may take. A person taking Long Parental Leave is the Primary Carer for this period for the purpose of this definition. 35.2.10 Notional Flexible Period is the period during which the Eligible Employee would be on Flexible Unpaid Long Parental Leave if the Eligible Employee took leave for all the Eligible Employee's Flexible Unpaid Long Parental Leave days in a single continuous period. Murray PHN Enterprise Agreement 2022 Page | 30

35 .2.11 Primary Carer means the person who has responsibility for the care of the Child . Only
one person can be the Child's Primary Carer on a particular day.

35.2 .12 Short Parental Leave means the concurrent parental leave , of up to eight weeks that an
Eligible Employee who will not be the Primary Carer of a Child may take.

35 .2.13 Spouse means a person to whom the Eligible Employee is married or a de facto partner,
former spouse or former de facto spouse of the Employee. The term de facto spouse
means a person who lives with the Employee as their spouse/ partner on a bona fide
domestic basis. For adoption related parental leave the definition of Spouse does not
include former spouse or former de factor partner.

35 .2.14 Stillbirth means the delivery of a Stillborn Child .

35.2.15 Stillborn Child means a child who weighs at least 400 grams at delivery or whose
period of gestation was at least 20 weeks; and who has not breathed since delivery; and
whose heart has not beaten since delivery.

35.3 Eligibility

35.3.1

35 .3.2

35.3.3

35.3.4

A full time or part time Employee can access Parental Leave when the Employee has or
will have completed 12 months continuous service with the Employer immediately prior
to their Applicable Date as per subclause 35.3.4.

(a) For the purpose of eligibility within this subclause, any service period for wh ich the
Employee was a regular and systematic casual employee and whose employment
was converted under subclause 12.3.5 (Casual Employees) is included as
continuous service.

A casual Employee can access Parental Leave when the casual Employee

(a) has or will have, been employed by the Employer on a regular and systematic
basis for, a sequence of employment periods, for a period of at least 12 months
immediately prior to their Applicable Date as per subclause 35.3.4; and

(b) but for the birth or expected birth, placement or expected placement of the child ,
who has a reasonable expectation of continuing employment by the Employer on a
regular and systematic basis.

An Employee (including a casual) can access unpaid pre-adoption leave and/or unpaid
no safe job leave without the requirement of meeting the 12 months continuous service
requirement.

The date at which the Employee must have completed 12 months of service is as
follows:

(a) for birth-related leave the Applicable Date is, the date of birth , or the expected date
of birth , of the Child; or

(b) for adoption-re lated leave, the Applicable Date is this is the Day of Placement, or
the expected day of placement, of the Child; or

(c) for custodial-related leave, the Applicable Date is this is the Day of Placement, or
the expected day of placement, of the Child ; or

( d) for an Employee taking a period of parental leave that is to start within 12 months
after the birth or placement of the Child , it is the date on which the Employee's
period of leave is to start; or

(e) For a member of an Employee Couple taking a period of parental leave that is to
start after the parental leave of the other member of the Employee couple , it is the
date on which the Employee's period of leave is to start.

Murray PHN Enterprise Agreement 2022 Page I 31

35.2.11 Primary Carer means the person who has responsibility for the care of the Child. Only one person can be the Child's Primary Carer on a particular day. 35.2.12 Short Parental Leave means the concurrent parental leave, of up to eight weeks that an Eligible Employee who will not be the Primary Carer of a Child may take. 35.2.13 Spouse means a person to whom the Eligible Employee is married or a de facto partner, former spouse or former de facto spouse of the Employee. The term de facto spouse means a person who lives with the Employee as their spouse / partner on a bona fide domestic basis. For adoption related parental leave the definition of Spouse does not include former spouse or former de factor partner. 35.2.14 Stillbirth means the delivery of a Stillborn Child. 35.2.15 Stillborn Child means a child who weighs at least 400 grams at delivery or whose period of gestation was at least 20 weeks; and who has not breathed since delivery; and whose heart has not beaten since delivery. 35.3 Eligibility 35.3.1 A full time or part time Employee can access Parental Leave when the Employee has or will have completed 12 months continuous service with the Employer immediately prior to their Applicable Date as per subclause (a) For the purpose of eligibility within this subclause, any service period for which the Employee was a regular and systematic casual employee and whose employment was converted under subclause Casual Employees) is included as continuous service. 35.3.2 A casual Employee can access Parental Leave when the casual Employee (a) has or will have, been employed by the Employer on a regular and systematic basis for, a sequence of employment periods, for a period of at least 12 months immediately prior to their Applicable Date as per subclause and (b) but for the birth or expected birth, placement or expected placement of the child, who has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis. 35.3.3 An Employee (including a casual) can access unpaid pre-adoption leave and/or unpaid no safe job leave without the requirement of meeting the 12 months continuous service requirement. 35.3.4 The date at which the Employee must have completed 12 months of service is as follows: (a) for birth-related leave the Applicable Date is, the date of birth, or the expected date of birth, of the Child; or (b) for adoption-related leave, the Applicable Date is this is the Day of Placement, or the expected day of placement, of the Child; or (c) for custodial-related leave, the Applicable Date is this is the Day of Placement, or the expected day of placement, of the Child; or (d) for an Employee taking a period of parental leave that is to start within 12 months after the birth or placement of the Child, it is the date on which the Employee's period of leave is to start; or (e) For a member of an Employee Couple taking a period of parental leave that is to start after the parental leave of the other member of the Employee couple, it is the date on which the Employee's period of leave is to start. Murray PHN Enterprise Agreement 2022 Page | 31

35.3.5 An Employee is not entitled to adoption-related parental leave or Custodial Leave -
unless the Child that is, or is to be, placed with the Employee:

(a) is, or will be , under 16 as at the Day of Placement, or the expected day of
placement, of the child; and

(b) 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, of
the child; and

(c) is not (otherwise than because of the adoption or custodial arrangements) a child
of the Employee or the Employee's spouse or de facto partner.

35.4 Unpaid Long Parental Leave

35.4.1

35.4.2

35.4.3

An Eligible Employee is entitled to 12 months of unpaid parental leave if:

(a) the leave is associated with:
(i) the birth of a child (including a still birth) of the Employee or the Employee's

Spouse; or
(ii) the placement of a child with the Employee for adoption; or
(iii) the placement of the child with the Employee as the legal custodian; and

(b) the Employee is or will be the Primary Carer of the child .

The Eligible Employee must take the leave in a single continuous period . The exceptions
to this are Flexible Unpaid Long Parental Leave (subclause 35.4.8) and/or Keeping in
Touch Days ( subclause 35.12) which can be accessed within the single continuous
period .

Where an Eligible Employee is a member of an Employee Couple, the leave must be
taken by only one ( 1) parent of an Employee Couple at a time in a single continuous
period . The exceptions to this are Flexible Unpaid Long Parental Leave (subclause
35.4.8) and Short Parental Leave (subclause 35.5) which can be accessed by the
Employee Couple at the same time.

35.4.4 Each member of an Employee Couple may take a separate period of up to 12 months of
Long Parental Leave. The period of Long Parental Leave will be reduced by any period
of Short Parental Leave and/or any Flexible unpaid Long Parental Leave taken by the
Employee.

35.4.5 Subject to subclause 35.4.6, an Eligible Employee may be able to extend a period of
unpaid parental leave in accordance with subclause 35.9 (Variation of period of parental
leave).

35.4.6 An Eligible Employee's entitlement to Long Parental Leave (other than Flexible Unpaid
Long Parental Leave) will end on the first day that the Eligible Employee takes Flexible
Unpaid Long Parental Leave. This means, if an Eligible Employee intends taking a
period of continuous parental leave, they must do so before they take any Flexible Long
Parental Leave.

35.4.7 Commencement of Long Parental Leave

35.4. 7.1 An Eligible Employee is able to commence Long Parental Leave at either:
(a) the date of birth for birth related leave; or
(b) Day of Placement of a Child for adoption or Custodial Leave; or
( c) within 12 months of the date of birth or Day of Placement provided that

the period of Long Parental leave, (inclusive of any further extension
requests) does not extend beyond 24 months from the Child's date of
birth or Day of Placement.

Murray PHN Enterprise Agreement 2022 Page I 32

35.3.5 An Employee is not entitled to adoption-related parental leave or Custodial Leave - unless the Child that is, or is to be, placed with the Employee: (a) is, or will be, under 16 as at the Day of Placement, or the expected day of placement, of the child; and (b) 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, of the child; and (c) is not (otherwise than because of the adoption or custodial arrangements) a child of the Employee or the Employee's spouse or de facto partner. 35.4 Unpaid Long Parental Leave 35.4.1 An Eligible Employee is entitled to 12 months of unpaid parental leave if: (a) the leave is associated with: (i) the birth of a child (including a still birth) of the Employee or the Employee's Spouse; or (ii) the placement of a child with the Employee for adoption; or (iii) the placement of the child with the Employee as the legal custodian; and (b) the Employee is or will be the Primary Carer of the child. 35.4.2 The Eligible Employee must take the leave in a single continuous period. The exceptions to this are Flexible Unpaid Long Parental Leave (subclause and/or Keeping in Touch Days (subclause which can be accessed within ine single continuous period. 35.4.3 Where an Eligible Employee is a member of an Employee Couple, the leave must be taken by only one (1) parent of an Employee Couple at a time in a single continuous period. The exceptions to this are Flexible Unpaid Long Parental Leave (subclause and Short Parental Leave (subclause which can be accessed by the Employee Couple at the same time. 35.4.4 Each member of an Employee Couple may take a separate period of up to 12 months of Long Parental Leave. The period of Long Parental Leave will be reduced by any period of Short Parental Leave and/or any Flexible unpaid Long Parental Leave taken by the Employee. 35.4.5 Subject to subclause 35.4.6, an Eligible Employee may be able to extend a period of unpaid parental leave in accordance with subclause (Variation of period of parental leave). 35.4.6 An Eligible Employee's entitlement to Long Parental Leave (other than Flexible Unpaid Long Parental Leave) will end on the first day that the Eligible Employee takes Flexible Unpaid Long Parental Leave. This means, if an Eligible Employee intends taking a period of continuous parental leave, they must do so before they take any Flexible Long Parental Leave. 35.4.7 Commencement of Long Parental Leave 35.4.7.1 An Eligible Employee is able to commence Long Parental Leave at either: (a) the date of birth for birth related leave; or (b) Day of Placement of a Child for adoption or Custodial Leave; or (c) within 12 months of the date of birth or Day of Placement provided that the period of Long Parental leave, (inclusive of any further extension requests) does not extend beyond 24 months from the Child's date of birth or Day of Placement. Murray PHN Enterprise Agreement 2022 Page | 32

35.4.8

( d) If the Employee is a member of an Employee Couple who both intend to
take parental leave, immediately after the end of the first employee's
period of leave.

35.4.7.2 Notwithstanding subclause 35.4.7.1 an Eligible Employee who is pregnant may
commence Long Parental Leave at any time up to six (6) weeks immediately
prior to the expected date of birth.

35.4.7.3 Where a pregnant Eligible Employee continues to work during the six (6)week
period immediately prior to the expected date of birth, the Employer may require
the Eligible Employee to provide a medical certificate stating that the Employee
is fit for work and, if so, whether it is inadvisable for the Employee to continue in
the Employee's present position because of illness or risks arising out of the
Employee's pregnancy or hazards connected with the position.
(a) Where a request is made under subclause 35.4.7.3 and an Eligible

Employee:
(i) does not provide the Employer with the requested certificate within

seven days of the request; or
(ii) within seven (7) days after the request, the Eligible Employee

gives the Employer a medical certificate stating that the Employee
is not fit for work;

the Employer may require the Eligible Employee to commence their parental
leave as soon as practicable.

35.4.7.4 Where a request is made under subclause 35.4.7.3 and an Eligible Employee
provides a medical certificate that states the Eligible Employee is fit for work,
however it is inadvisable for the Eligible Employee to continue in the
Employee's present position during a stated period , subclause 35.13 (Transfer
to a safe job) applies.

Flexible Unpaid Long Parental Leave

35.4.8.1 An Eligible Employee may take up to 30 working days of their Long Parental
Leave entitlement as Flexible Unpaid Long Parental Leave during the 24 month
period, starting on the date of birth (including a Stillbirth) or Day of Placement of
the Child subject to the requirements of this subclause (35.4.8) .

35.4.8.2 Flexible Unpaid Long Parental Leave is available in full to part time and casual
Employees.

35.4.8.3 The number of days of Flexible Unpaid Long Parental Leave taken must not be
more than the number of flexible days that the Employee notifies to the
Employer of under subclause 35.8.5 (Notice for Flexible Long Parental Leave).

35.4.8.4 Flexible Unpaid Long Parental Leave is taken as:
(a) a single continuous period of one or more days; or
(b) separate periods of one or more days each.

35.4.8.5 An Eligible Employee may take the Flexible Unpaid Long Parental Leave
whether or not they have taken Long Parental Leave in relation to the child.

35.4.8.6 An Eligible Employee may take Flexible Unpaid Long Parental Leave after
taking one or more periods of unpaid Long Parental Leave only if the total of
those periods (disregarding any extension under subclause 35.9 Variation of
Parental leave period) is no longer than 12 months, less the employee's
Notional Flexible Period, provided that the calculation is based on the
assumption that:

Murray PHN Enterprise Agreement 2022 Page 133

(d) If the Employee is a member of an Employee Couple who both intend to take parental leave, immediately after the end of the first employee's period of leave. 35.4.7.2 Notwithstanding subclause 35.4.7.1 an Eligible Employee who is pregnant may commence Long Parental Leave at any time up to six (6) weeks immediately prior to the expected date of birth. 35.4.7.3 Where a pregnant Eligible Employee continues to work during the six (6)week period immediately prior to the expected date of birth, the Employer may require the Eligible Employee to provide a medical certificate stating that the Employee is fit for work and, if so, whether it is inadvisable for the Employee to continue in the Employee's present position because of illness or risks arising out of the Employee's pregnancy or hazards connected with the position. (a) Where a request is made under subclause 35.4.7.3 and an Eligible Employee: (i) does not provide the Employer with the requested certificate within seven days of the request; or (ii) within seven (7) days after the request, the Eligible Employee gives the Employer a medical certificate stating that the Employee is not fit for work; the Employer may require the Eligible Employee to commence their parental leave as soon as practicable. 35.4.7.4 Where a request is made under subclause 35.4.7.3 and an Eligible Employee provides a medical certificate that states the Eligible Employee is fit for work, however it is inadvisable for the Eligible Employee to continue in the Employee's present position during a stated period, subclause 'Transfer to a safe job) applies. 35.4.8 Flexible Unpaid Long Parental Leave 35.4.8.1 An Eligible Employee may take up to 30 working days of their Long Parental Leave entitlement as Flexible Unpaid Long Parental Leave during the 24 month period, starting on the date of birth (including a Stillbirth) or Day of Placement of the Child subject to the requirements of this subclause (35.4.8). 35.4.8.2 Flexible Unpaid Long Parental Leave is available in full to part time and casual Employees. 35.4.8.3 The number of days of Flexible Unpaid Long Parental Leave taken must not be more than the number of flexible days that the Employee notifies to the Employer of under subclause "Notice for Flexible Long Parental Leave). 35.4.8.4 Flexible Unpaid Long Parental Leave is taken as: (a) a single continuous period of one or more days; or (b) separate periods of one or more days each. 35.4.8.5 An Eligible Employee may take the Flexible Unpaid Long Parental Leave whether or not they have taken Long Parental Leave in relation to the child. 35.4.8.6 An Eligible Employee may take Flexible Unpaid Long Parental Leave after taking one or more periods of unpaid Long Parental Leave only if the total of those periods (disregarding any extension under subclause Variation of Parental leave period) is no longer than 12 months, less the employee's Notional Flexible Period, provided that the calculation is based on the assumption that: Murray PHN Enterprise Agreement 2022 Page | 33

35.4.9

(a) the Eligible Employee ordinarily works each day that is not a Saturday or
Sunday;and

(b) there are no public holidays during the period.

35.4.8.7 A member of an Employee Couple (the first Employee), may take Flexible
Unpaid Long Parental Leave on the same day as the other member of the
Employee Couple (the other employee) is taking Long Parental Leave, only if
the total of all periods of Parental Leave the first Employee takes at the same
time as the other employee is no longer than eight (8) weeks.

35.4.8.8 An Employee is not entitled to take Flexible Unpaid Long Parental Leave in
relation to a Child if:
(a) the Child and another child:

(i) are born during the same multiple birth; or
(ii) are both placed with the employee for adoption and have the same

Day of Placement; and
(b) the Employee takes Flexible Unpaid Long Parental leave in relation to

the other child.

Hospitalised children - Agreement to not take Unpaid Long Parental Leave

35.4.9.1 If:
(a)

(b)

a Child is required to remain in hospital after the Child's birth, or is
hospitalised immediately after the Child's birth, including because:

(i) the Child was born prematurely; or
(ii) the Child developed a complication or contracted an illness during

the Child's period of gestation or at birth; or
(i ii) the Child developed a complication or contracted an illness

following the Child's birth; and
an Eligible Employee, whether before or after the birth of the Child, gives
notice in accordance with subclause 35.8 (Notice and evidence) of the
taking of a period of parental leave (the original leave period) in relation to
the Child;

then the Eligible Employee may agree with the Employer that the Employee
will not take unpaid parental leave for a period (the permitted work period)
while the Child remains in hospital.

35.4.9.2 If the Eligible Employee and Employer so agree, then the following rules have
effect:

(a) the Eligible Employee is considered to not be taking parental leave
during the permitted work period;

(b) the permitted work period does not break the continuity of the original
leave period ; and

(c) the Eligible Employee is taken to have advised the Employer, for the
purposes of subclause 35 .8 (Notice and evidence), of revised end date
for the original leave period. This being the date on which that period
would end if it were extended by the permitted work period.

35.4.9.3 The permitted work period must start after the birth of the Child.

35.4.9.4 The permitted work period ends at the earliest of the following:

(a) the time agreed by the Eligible Employer and Employee;

(b) the end of the day of the Child's first discharge from hospital after birth;
or

Murray PHN Enterprise Agreement 2022 Page 134

(a) the Eligible Employee ordinarily works each day that is not a Saturday or Sunday; and (b) there are no public holidays during the period. 35.4.8.7 A member of an Employee Couple (the first Employee), may take Flexible Unpaid Long Parental Leave on the same day as the other member of the Employee Couple (the other employee) is taking Long Parental Leave, only if the total of all periods of Parental Leave the first Employee takes at the same time as the other employee is no longer than eight (8) weeks. 35.4.8.8 An Employee is not entitled to take Flexible Unpaid Long Parental Leave in relation to a Child if: (a) the Child and another child: (i) are born during the same multiple birth; or (ii) are both placed with the employee for adoption and have the same Day of Placement; and (b) the Employee takes Flexible Unpaid Long Parental leave in relation to the other child. 35.4.9 Hospitalised children - Agreement to not take Unpaid Long Parental Leave 35.4.9.1 If: (a) a Child is required to remain in hospital after the Child's birth, or is hospitalised immediately after the Child's birth, including because: the Child was born prematurely; or (ii) the Child developed a complication or contracted an illness during the Child's period of gestation or at birth; or (iii) the Child developed a complication or contracted an illness following the Child's birth; and (b) an Eligible Employee, whether before or after the birth of the Child, gives notice in accordance with subclause Notice and evidence) of the taking of a period of parental leave (the original leave period) in relation to the Child; then the Eligible Employee may agree with the Employer that the Employee will not take unpaid parental leave for a period (the permitted work period) while the Child remains in hospital. 35.4.9.2 If the Eligible Employee and Employer so agree, then the following rules have effect: (a) the Eligible Employee is considered to not be taking parental leave during the permitted work period; (b) the permitted work period does not break the continuity of the original leave period; and (c) the Eligible Employee is taken to have advised the Employer, for the purposes of subclause Notice and evidence), of revised end date for the original leave period. This being the date on which that period would end if it were extended by the permitted work period. 35.4.9.3 The permitted work period must start after the birth of the Child. 35.4.9.4 The permitted work period ends at the earliest of the following: (a) the time agreed by the Eligible Employer and Employee; (b) the end of the day of the Child's first discharge from hospital after birth; or Murray PHN Enterprise Agreement 2022 Page | 34

35.4.9.5 Only one (1) period may be agreed to under subclause 35.4.9.1 for which the
Eligible Employee will not take unpaid parental leave in relation to the Child.

35.4.9.6 The Eligible Employee must, if required by the Employer, give the Employer
evidence (including without limitation, a medical certificate) that would satisfy a
reasonable person of either or both of the following :

(a) that subclause 35.4.9.1 (a) applies in relation to the Child;

(b) that the Eligible Employee is fit for work.

35.5 Unpaid Short Parental Leave

35 .5.1 This clause applies to an Eligible Employee who is a member of an Employee Couple.

35.5.2 An Eligible Employee who will not be the Primary Carer of a Child may take up to eight
(8) weeks' leave concurrently with any Parental Leave taken by the Primary Carer.
Short Parental Leave may be taken in separate periods but, unless the Employer
agrees, each period must not be shorter than two (2) weeks.

35.5.3 Unless the Employer agrees, the concurrent leave must not start before:

(i) the date of birth of the Child if the leave is birth related; or
(ii) the Day of Placement of the Child if the leave is adoption or custodial related.

35.5.4 The period of Short Parental Leave will be deducted from the period of Long Parental
Leave to which the Eligible Employee is entitled under subclause 35.4 (if applicable).

35.6 Paid Parental Leave components

35.6.1 An Eligible Employee commencing Parental Leave is entitled to paid parental leave on
the following basis:

(a) A Primary Carer taking Long Parental Leave will be entitled to nine (9) weeks'
paid parental leave, less any payments made to the Eligible Employee under the
Short Parental Leave allocation.
(i) Payment of the paid component is made in agreement between the

Employer and Employee; and
a) may be paid as a lump sum in the first full pay period post the Eligible

Employee commencing their Long Parental Leave; and/or
b) may be paid to the Employee in accordance with the Agreements

wage cycle (subclause 19.1) at either full or half pay.
(b) A non-Primary Carer taking Short Parental Leave will be entitled to four (4)

weeks' paid parental leave.
(i) Payment for the paid component is paid to the Employee in accordance

with the Agreements wage cycle at full or half pay.

35.6.2 The Employer and Eligible Employee should enter a signed written agreement regarding
payment of the Paid Parental Leave component. The Eligible Employee must nominate a
preferred payment arrangement at least four ( 4) weeks prior to the expected date of birth
or Day of Placement of the Child . In the absence of an agreement, the applicable leave
payment will be paid during the ordinary wage cycle ( subclause 19.1 ) corresponding with
the period of the leave.

35.6 .3 A variation to the payment of paid parental leave resulting in , for example, the paid leave
being spread over more than nine (9) weeks does not affect the period of continuous
service recognised. For example, an Employee taking 18 weeks at half pay will , for the

Murray PHN Enterprise Agreement 2022 Page 135

(c) if the Child dies before being discharged, the end of the day the Child dies 35.4.9.5 Only one (1) period may be agreed to under subclause For which the Eligible Employee will not take unpaid parental leave in relation to the Child. 35.4.9.6 The Eligible Employee must, if required by the Employer, give the Employer evidence (including without limitation, a medical certificate) that would satisfy a reasonable person of either or both of the following: (a) that subclause a) applies in relation to the Child; (b) that the Eligible Employee is fit for work. 35.5 Unpaid Short Parental Leave 35.5.1 This clause applies to an Eligible Employee who is a member of an Employee Couple. 35.5.2 An Eligible Employee who will not be the Primary Carer of a Child may take up to eight (8) weeks' leave concurrently with any Parental Leave taken by the Primary Carer. Short Parental Leave may be taken in separate periods but, unless the Employer agrees, each period must not be shorter than two (2) weeks. 35.5.3 Unless the Employer agrees, the concurrent leave must not start before: (i) the date of birth of the Child if the leave is birth related; or (ii) the Day of Placement of the Child if the leave is adoption or custodial related. 35.5.4 The period of Short Parental Leave will be deducted from the period of Long Parental Leave to which the Eligible Employee is entitled under subclause "if applicable). 35.6 Paid Parental Leave components 35.6.1 An Eligible Employee commencing Parental Leave is entitled to paid parental leave on the following basis: (a) A Primary Carer taking Long Parental Leave will be entitled to nine (9) weeks' paid parental leave, less any payments made to the Eligible Employee under the Short Parental Leave allocation. (i) Payment of the paid component is made in agreement between the Employer and Employee; and a) may be paid as a lump sum in the first full pay period post the Eligible Employee commencing their Long Parental Leave; and/or b) may be paid to the Emplovee in accordance with the Agreements wage cycle (subclause at either full or half pay. (b) A non-Primary Carer taking Short Parental Leave will be entitled to four (4) weeks' paid parental leave. (i) Payment for the paid component is paid to the Employee in accordance with the Agreements wage cycle at full or half pay. 35.6.2 The Employer and Eligible Employee should enter a signed written agreement regarding payment of the Paid Parental Leave component. The Eligible Employee must nominate a preferred payment arrangement at least four (4) weeks prior to the expected date of birth or Day of Placement of the Child. In the absence of an agreement, the applicable leave payment will be paid during the ordinary wage cycle (subclause corresponding with the period of the leave. 35.6.3 A variation to the payment of paid parental leave resulting in, for example, the paid leave being spread over more than nine (9) weeks does not affect the period of continuous service recognised. For example, an Employee taking 18 weeks at half pay will, for the Murray PHN Enterprise Agreement 2022 Page | 35

35.6.4

35.6.5

35.6.6

35.6.7

purpose of calculating continuous service , have nine (9) weeks of continuous service
recognised.

Company paid Parental Leave is in addition to any relevant Commonwealth Government
paid parental leave scheme (subject to the requirements of any applicable legislation) .

An Employee is only entitled to receive Paid Parental Leave in relation to one child if the
Child and another child are born during the same multiple birth; or are both placed with
the Employee for adoption or custodial-related arrangements and have the same Day of
Placement.

The Company paid Parental Leave prescribed by this clause will be concurrent with any
relevant unpaid entitlement prescribed by the NES/this Agreement.

The Company paid Parental Leave prescribed by this clause will be inclusive of, and not
additional to any paid Parental Leave that may be provisioned for, by the Act.

35.7 Parental Leave - Interaction with other Employment conditions

35.7.1

35.7.2

An Eligible Employee may use any accrued annual leave or long service leave
entitlements concurrently with Long Parental Leave, save that taking the leave does not
have the effect of extending the period of Long Parental Leave.

For avoidance of doubt, subject to applicable legalisation, parental leave interacts with
other conditions of this Agreement as per the below table .

Conditions Company Paid Unpaid
Parental Leave Parental Leave

Public Holidays
Inclusive within paid parental

No entitlement component.

Annual Close Down Inclusive within paid parental
No entitlement component.

Superannuation is paid in
Superannuation accordance with clause 20 No entitlement

(Superannuation)

Personal Leave No entitlement No entitlement

No entitlement unless the permissible occasion is the
Compassionate Leave Stillbirth or death of the Child in relation to whom the

Employee is taking Parental Leave.
Education and Study

No entitlement No entitlement Leave

Community Service Leave No entitlement No entitlement

Family and Domestic
No entitlement No entitlement Violence Leave

Continuous service Contributes to continuous service
Does not contribute to

calculation calculation
continuous service
calculation

35.8 Notice and evidence requirements

35.8.1 An Elig ible 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 Eligible
Employee must also provide a statutory declaration stating:

(a) that the Eligible Employee will become either the Primary Carer or non-Primary
Carer of the Child, as appropriate;

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

Murray PHN Enterprise Agreement 2022 Page 136

purpose of calculating continuous service, have nine (9) weeks of continuous service recognised. 35.6.4 Company paid Parental Leave is in addition to any relevant Commonwealth Government paid parental leave scheme (subject to the requirements of any applicable legislation). 35.6.5 An Employee is only entitled to receive Paid Parental Leave in relation to one child if the Child and another child are born during the same multiple birth; or are both placed with the Employee for adoption or custodial-related arrangements and have the same Day of Placement. 35.6.6 The Company paid Parental Leave prescribed by this clause will be concurrent with any relevant unpaid entitlement prescribed by the NES/this Agreement. 35.6.7 The Company paid Parental Leave prescribed by this clause will be inclusive of, and not additional to any paid Parental Leave that may be provisioned for, by the Act. 35.7 Parental Leave - Interaction with other Employment conditions 35.7.1 An Eligible Employee may use any accrued annual leave or long service leave entitlements concurrently with Long Parental Leave, save that taking the leave does not have the effect of extending the period of Long Parental Leave. 35.7.2 For avoidance of doubt, subject to applicable legalisation, parental leave interacts with other conditions of this Agreement as per the below table. Conditions Company Paid Unpaid Parental Leave Parental Leave Public Holidays Inclusive within paid parental component No entitlement Annual Close Down Inclusive within paid parental component. No entitlement Superannuation is paid in Superannuation accordance with clause No entitlement (Superannuation) Personal Leave No entitlement No entitlement No entitlement unless the permissible occasion is the Compassionate Leave Stillbirth or death of the Child in relation to whom the Employee is taking Parental Leave. Education and Study Leave No entitlement No entitlement Community Service Leave No entitlement No entitlement Family and Domestic Violence Leave No entitlement No entitlement Continuous service Contributes to continuous service Does not contribute to calculation calculation continuous service calculation 35.8 Notice and evidence requirements 35.8.1 An Eligible 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 Eligible Employee must also provide a statutory declaration stating: (a) that the Eligible Employee will become either the Primary Carer or non-Primary Carer of the Child, as appropriate; (b) the particulars of any parental leave taken or proposed to be taken or applied for by the Employee's Spouse; Murray PHN Enterprise Agreement 2022 Page | 36

35.8.2

35.8.3

35.8.4

35.8.5

At least four (4) weeks before the intended commencement of Parental Leave, the
Eligible Employee must confirm in writing the intended start and end dates of the
parental leave, or advise the Employer of any changes to the notice provided in
subclause 35.8.1, unless it is not practicable to do so.

The Employer may require the Eligible Employee to provide evidence which would
satisfy a reasonable person of:

(a) in the case of birth-related leave:
(i) the date of birth, or expected date of both, of the Child (including without

limitation, a medical certificate or certificate from a registered midwife, stating
the date of birth or expected date of birth); and

(ii) if relevant, that their Child was stillborn (including without limitation , a
certification by a medical practitioner or registered midwife of the child as
having been delivered); or

(b) in the case of adoption-related or Custodial Leave, the commencement of the Day
of 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.

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

Notice requirements for Flexible Long Parental Leave

35.8.5.1 If an Eligible Employee wishes to take Flexible Long Parental Leave, the
Eligible Employee must give notice to the Employer, at the same time as
notifying of Long Parental Leave or Short Parental Leave; otherwise, at least 10
weeks before starting the Flexible Long Parental Leave .

35.8.5.2 If the Employer agrees, the notice may be given at a later time than that
specified in subclause 35.8.5.1.

35.8.5.3 The notice for Flexible Long Parental Leave must specify the total number of
flexible days that the Eligible Employee intends to take in relation to the Child
along with an indicative timetable as to when the Flexible Long Parental Leave
days will be taken.

35.8.5.4 Upon agreement between the Employer and the Eligible Employee, the
Employee may:
(a) reduce the number of flexible days initially notified ; or
(b) increase the number of flexible days to no more than 30 days.

35.8.5.5 The Eligible Employee must give the Employer written notice of a flexible day
on which the Employee will take Flexible Long Parental Leave:
(a) at least four (4) weeks before that day; or
(b) if that is not practicable, as soon as practicable (which may be a time after

the leave has started).

35.8.5.6 If the Employer agrees, the Eligible Employee may change a day on which the
Employee takes Flexible Long Parental Leave from a day specified in the
previously supplied notice.

Murray PHN Enterprise Agreement 2022 Page J 37

35.8.2 At least four (4) weeks before the intended commencement of Parental Leave, the Eligible Employee must confirm in writing the intended start and end dates of the parental leave, or advise the Employer of any changes to the notice provided in subclause 35.8.1, unless it is not practicable to do so. 35.8.3 The Employer may require the Eligible Employee to provide evidence which would satisfy a reasonable person of: (a) in the case of birth-related leave: (i) the date of birth, or expected date of both, of the Child (including without limitation, a medical certificate or certificate from a registered midwife, stating the date of birth or expected date of birth); and (ii) if relevant, that their Child was stillborn (including without limitation, a certification by a medical practitioner or registered midwife of the child as having been delivered); or (b) in the case of adoption-related or Custodial Leave, the commencement of the Day of 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. 35.8.4 An Eligible Employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by the birth of the Child or placement occurring earlier than the expected date or in other compelling circumstances. In these circumstances the notice and evidence requirements of this clause should be provided as soon as reasonably practicable. 35.8.5 Notice requirements for Flexible Long Parental Leave 35.8.5.1 If an Eligible Employee wishes to take Flexible Long Parental Leave, the Eligible Employee must give notice to the Employer, at the same time as notifying of Long Parental Leave or Short Parental Leave; otherwise, at least 10 weeks before starting the Flexible Long Parental Leave. 35.8.5.2 If the Employer agrees, the notice may be given at a later time than that specified in subclause 35.8.5.1. 35.8.5.3 The notice for Flexible Long Parental Leave must specify the total number of flexible days that the Eligible Employee intends to take in relation to the Child along with an indicative timetable as to when the Flexible Long Parental Leave days will be taken. 35.8.5.4 Upon agreement between the Employer and the Eligible Employee, the Employee may: (a) reduce the number of flexible days initially notified; or (b) increase the number of flexible days to no more than 30 days. 35.8.5.5 The Eligible Employee must give the Employer written notice of a flexible day on which the Employee will take Flexible Long Parental Leave: (a) at least four (4) weeks before that day; or (b) if that is not practicable, as soon as practicable (which may be a time after the leave has started). 35.8.5.6 If the Employer agrees, the Eligible Employee may change a day on which the Employee takes Flexible Long Parental Leave from a day specified in the previously supplied notice. Murray PHN Enterprise Agreement 2022 Page | 37

35.9 Variation of Parental Leave period (up to 12 months)

35.9.1 Where an Eligible Employee has:

35.9.2

35.9.3

35.9.4

(a) given notice of the taking of a period of Long Parental Leave under subclause 35.8
(Notice and evidence); and

(b) the length of this period of Long Parental Leave is less than the Eligible
Employee's available entitlement to Long Parental Leave; and

(d) not taken a period of Flexible Long Parental Leave,

the Eligible Employee may extend the Parental Leave period (up to the Eligible
Employee's available entitlement to Long Parental Leave) by giving their Employer
notice in writing of the extension and specifying the new end date for the leave.

Notification of the one-off extension is made as soon as possible, but no less than four
(4) weeks before the end date of the original leave period.

Nothing in this clause detracts from the basic entitlement in subclause 35.4 (Unpaid
Long Parental Leave) or subclause 35.10 (Right to request an extension of period of
Parental Leave beyond 12 months).

If the Employer and Eligible Employee agree, the Eligible Employee may further extend,
or reduce the period of parental leave.

35.10 Right to request an extension of parental leave beyond 12 months

35.10.1 An Eligible Employee entitled to Long Parental Leave may request the Employer to allow
the Eligible Employee to extend the period of Long Parental Leave by a further
continuous period of up to 12 months immediately following the end of the available
parental leave.

35.10.2 Request to be in writing

The request must be in writing and must be given to the Employer at least four (4) weeks
before the end of the available parental leave period.

35.10.3 Response to be in writing

The Employer must give the Eligible Employee a written response to the request stating
whether the Employer grants or refuses the request. The response must be given as
soon as practicable, and not later than 21 days, after the request is made.

35.10.4 Refusal only on reasonable business grounds

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

35 .10.5 Reasons for refusal to be specified

If the Employer refuses the request, the written response must include details of the
reasons for the refusal.

35.10.6 Reasonable opportunity to discuss

The Employer must not refuse the request unless the Employer has given the Eligible
Employee a reasonable opportunity to discuss the request.

35.10.7 Employee Couples

Where a member of an Employee Couple is requesting an extension to a period of Long
Parental Leave in relation to a Child:

(a) the request must specify:

(i) any amount of Long Parental Leave that the other member of the Employee
Couple has taken, or will have taken in relation to the Child before the
extension starts ; and

Murray PHN Enterprise Agreement 2022 Page 138

35.9 Variation of Parental Leave period (up to 12 months) 35.9.1 Where an Eligible Employee has: (a) given notice of the taking of a period of Long Parental Leave under subclause (Notice and evidence); and (b) the length of this period of Long Parental Leave is less than the Eligible Employee's available entitlement to Long Parental Leave; and (c) commenced the period of Long Parental Leave; and (d) not taken a period of Flexible Long Parental Leave, the Eligible Employee may extend the Parental Leave period (up to the Eligible Employee's available entitlement to Long Parental Leave) by giving their Employer notice in writing of the extension and specifying the new end date for the leave. 35.9.2 Notification of the one-off extension is made as soon as possible, but no less than four (4) weeks before the end date of the original leave period. 35.9.3 Nothing in this clause detracts from the basic entitlement in subclause 'Unpaid Long Parental Leave) or subclause "Right to request an extension of period of Parental Leave beyond 12 months). 35.9.4 If the Employer and Eligible Employee agree, the Eligible Employee may further extend, or reduce the period of parental leave. 35.10 Right to request an extension of parental leave beyond 12 months 35.10.1 An Eligible Employee entitled to Long Parental Leave may request the Employer to allow the Eligible Employee to extend the period of Long Parental Leave by a further continuous period of up to 12 months immediately following the end of the available parental leave. 35.10.2 Request to be in writing The request must be in writing and must be given to the Employer at least four (4) weeks before the end of the available parental leave period. 35.10.3 Response to be in writing The Employer must give the Eligible Employee a written response to the request stating whether the Employer grants or refuses the request. The response must be given as soon as practicable, and not later than 21 days, after the request is made. 35.10.4 Refusal only on reasonable business grounds The Employer may only refuse the request on reasonable business grounds. 35.10.5 Reasons for refusal to be specified If the Employer refuses the request, the written response must include details of the reasons for the refusal. 35.10.6 Reasonable opportunity to discuss The Employer must not refuse the request unless the Employer has given the Eligible Employee a reasonable opportunity to discuss the request. 35.10.7 Employee Couples Where a member of an Employee Couple is requesting an extension to a period of Long Parental Leave in relation to a Child: (a) the request must specify: (i) any amount of Long Parental Leave that the other member of the Employee Couple has taken, or will have taken in relation to the Child before the extension starts; and Murray PHN Enterprise Agreement 2022 Page | 38

(b) the period of extension cannot exceed 12 months, less any period of the following
kinds:

(i) any period of Long Parental Leave (other than Flexible Long Parental Leave)
that the other member of the Employee Couple has taken, or will have taken ,
in relation to the Child before the extension starts;

(ii) if subclause 35.10.7 (a)(ii) applies a period equal to the other member's
Notional Flexible Period .

(c) the amount of Long Parental Leave under subclause 35.4 to which the other
member of the Employee Couple is entitled in relation to the Child is reduced by
the period of the extension.

35 .10.8 No extension beyond 24 months

An Eligible Employee is not entitled to extend the period of Long Parental Leave beyond
24 months after the Child 's date of birth or Day of Placement.

35.11 Communication with an Employee on Parental leave

35.11.1 Where an Elig ible Employee is on Parental Leave and the Employer proposes a change
that will have a significant effect within the meaning of clause 8 (Consultation for Major
Change) on the Eligible Employee's pre-parental leave position, the Employer will
comply with the requirements of clause 8 (Consultation of Major Change).

35.11 .2 The Eligible Employee will take reasonable steps to inform the Employer about any
significant matter pertaining to the Employee's employment or position that arises whilst
taking parental leave.

35.11 .3 The Eligible Employee will also notify the Employer of changes of address or other
contact details .

35.12 Keeping in touch days

35.12.1 An Eligible Employee can work up to 10 keeping in touch days during :

(a) a period of Long Parental Leave taken during the Eligible Employee's available
parental leave period ; and

(b) an extension of the period of Long Parental Leave.

35.12.2 Application of up to 10 keeping in touch days is applied on a scaled timeframe (below)
based on the period of Long Parental Leave taken by the Eligible Employee.

Months 1 2 3 4 5 6 7 8 9 10 11 12

Days 1 2 3 3 4 5 6 7 8 8 9 10

Example: A six (6) month Long Parental Leave period will provide for up to five (5) keeping in
touch days.

35 .12.3 Any day or part of a day on which the Eligible Employee performs work for the Employer
during the period of leave is a keeping in touch day if:

(a) the purpose of performing the work is to enable the Elig ible Employee to keep in
touch with their employment in order to facil itate a return to that employment after
the end of the period of leave ;

(b) both the Eligible Employee and Employer consent to the Employee performing
work for the Employer on that day; and

Murray PHN Enterprise Agreement 2022 Page I 39

(ii) if the other member of the Employee Couple has given notice to take Flexible Long Parental Leave, the request must specify the number of flexible days that will not have been taken when the period of extended leave commences. (b) the period of extension cannot exceed 12 months, less any period of the following kinds: (i) any period of Long Parental Leave (other than Flexible Long Parental Leave) that the other member of the Employee Couple has taken, or will have taken, in relation to the Child before the extension starts; (ii) if subclause 35.10.7 (a)(ii) applies a period equal to the other member's Notional Flexible Period. (c) the amount of Long Parental Leave under subclause :o which the other member of the Employee Couple is entitled in relation to the Child is reduced by the period of the extension. 35.10.8 No extension beyond 24 months An Eligible Employee is not entitled to extend the period of Long Parental Leave beyond 24 months after the Child's date of birth or Day of Placement. 35.11 Communication with an Employee on Parental leave 35.11.1 Where an Eligible Employee is on Parental Leave and the Emplover pronoses a change that will have a significant effect within the meaning of clause 8 on the Eligible Employee's pre-parental leave position. the Employer will comply with the requirements of clause 8 35.11.2 The Eligible Employee will take reasonable steps to inform the Employer about any significant matter pertaining to the Employee's employment or position that arises whilst taking parental leave. 35.11.3 The Eligible Employee will also notify the Employer of changes of address or other contact details. 35.12 Keeping in touch days 35.12.1 An Eligible Employee can work up to 10 keeping in touch days during: (a) a period of Long Parental Leave taken during the Eligible Employee's available parental leave period; and (b) an extension of the period of Long Parental Leave. 35.12.2 Application of up to 10 keeping in touch days is applied on a scaled timeframe (below) based on the period of Long Parental Leave taken by the Eligible Employee. Months |1 2 3 4 |5 6 7 8 9 10 11 12 Days 1 2 3 3 4 5 6 7 8 8 9 10 Example: A six (6) month Long Parental Leave period will provide for up to five (5) keeping in touch days. 35.12.3 Any day or part of a day on which the Eligible Employee performs work for the Employer during the period of leave is a keeping in touch day if: (a) the purpose of performing the work is to enable the Eligible Employee to keep in touch with their employment in order to facilitate a return to that employment after the end of the period of leave; (b) both the Eligible Employee and Employer consent to the Employee performing work for the Employer on that day; and Murray PHN Enterprise Agreement 2022 Page | 39

( c) the day is not within :
(i) 14 days (if requested by the Eligible Employee) after the date of birth, or Day

of Placement, of the Child to which the period of leave relates; or
(ii) 42 days after the date of birth, or Day of Placement, of the Child; and

(d) the Eligible Employee has not already performed work for the Employer or another
entity that were keeping in touch days.

35.12.4 The Employer must not exert undue influence or undue pressure on an Eligible
Employee to consent to a keeping in touch day.

35.12.5 The performance of that work on a keeping in touch day does not break the continuity of
the period of Long Parental Leave.

35.12.6 An Eligible Employee is not able to access keeping in touch days on and after the first
day on which the Employee takes Flexible Unpaid Parental Leave in relation to the Child.

35.12.7 An Eligible Employee is paid for hours worked on the keeping in touch days.

35.12.8 Long Parental leave is not extended by the taking of keeping in touch days.

35.13 Transfer to a safe job

35.13.1 Where an Eligible Employee is pregnant and provides evidence that would satisfy a
reasonable person that the Employee is fit for work, but it is inadvisable for the Eligible
Employee to continue in the Employee's present position for a stated period (the risk
period) because of:

(a) illness or risks arising out of the pregnancy, or
(b) hazards connected with the position ,

the Eligible Employee will be transferred to an appropriate safe job if one is available for
the risk period, with no other change to the Employee's terms and conditions of
employment.

35.13.2 An appropriate safe job is a safe job that has:

(a) the same ordinary hours of work as the Employee's present position; or
(b) a different number of ordinary hours agreed to by the employee.

35.13.3 If the Eligible Employee is transferred to an appropriate safe job for the risk period , the
Employer must pay the Eligible Employee for the safe job at the Eligible Employee's full
rate of pay (for the position the Employee was in before the transfer) for the hours that
the Employee works in the risk period .

35.13.4 If the Eligible Employee's pregnancy ends before the end of the risk period , the risk
period ends when the pregnancy ends.

35.14 Paid no safe job leave

35.14.1 If clause 35.13 (transfer to a safe job) applies to a pregnant Employee but there is no
appropriate safe job available; and

(a) the Employee is entitled to Parental Leave; and
(b) the Employee has complied with the notice and evidence requirements of clause

35 .8 (notice and evidence) for taking Parental Leave;

then the Employee is entitled to paid no safe job leave for the risk period .

35.14.2 If the Employee takes paid no safe job leave for the risk period, the Employer must pay
the Employee at the Employee's ordinary rate of pay for the Employee's ordinary hours
of work in the risk period.

Murray PHN Enterprise Agreement 2022 Page 140

(c) the day is not within: (i) 14 days (if requested by the Eligible Employee) after the date of birth, or Day of Placement, of the Child to which the period of leave relates; or (ii) 42 days after the date of birth, or Day of Placement, of the Child; and (d) the Eligible Employee has not already performed work for the Employer or another entity that were keeping in touch days. 35.12.4 The Employer must not exert undue influence or undue pressure on an Eligible Employee to consent to a keeping in touch day. 35.12.5 The performance of that work on a keeping in touch day does not break the continuity of the period of Long Parental Leave. 35.12.6 An Eligible Employee is not able to access keeping in touch days on and after the first day on which the Employee takes Flexible Unpaid Parental Leave in relation to the Child. 35.12.7 An Eligible Employee is paid for hours worked on the keeping in touch days. 35.12.8 Long Parental leave is not extended by the taking of keeping in touch days. 35.13 Transfer to a safe job 35.13.1 Where an Eligible Employee is pregnant and provides evidence that would satisfy a reasonable person that the Employee is fit for work, but it is inadvisable for the Eligible Employee to continue in the Employee's present position for a stated period (the risk period) because of: (a) illness or risks arising out of the pregnancy, or (b) hazards connected with the position, the Eligible Employee will be transferred to an appropriate safe job if one is available for the risk period, with no other change to the Employee's terms and conditions of employment. 35.13.2 An appropriate safe job is a safe job that has: (a) the same ordinary hours of work as the Employee's present position; or (b) a different number of ordinary hours agreed to by the employee. 35.13.3 If the Eligible Employee is transferred to an appropriate safe job for the risk period, the Employer must pay the Eligible Employee for the safe job at the Eligible Employee's full rate of pay (for the position the Employee was in before the transfer) for the hours that the Employee works in the risk period. 35.13.4 If the Eligible Employee's pregnancy ends before the end of the risk period, the risk period ends when the pregnancy ends. 35.14 Paid no safe job leave 35.14.1 If clause transfer to a safe job) applies to a pregnant Employee but there is no appropriate sate job available; and (a) the Employee is entitled to Parental Leave; and (b) the Employee has complied with the notice and evidence requirements of clause 35.8 (notice and evidence) for taking Parental Leave; then the Employee is entitled to paid no safe job leave for the risk period. 35.14.2 If the Employee takes paid no safe job leave for the risk period, the Employer must pay the Employee at the Employee's ordinary rate of pay for the Employee's ordinary hours of work in the risk period. Murray PHN Enterprise Agreement 2022 Page | 40

(a) If, the Employee has either:
(i) not complied with the request from the Employer under clause 35.14.3; or
(ii) provided a medical certificate stating that the Employee is not fit for work,

then the Eligible Employee is not entitled to no safe job leave and the Employer may
require the Eligible Employee to take parental leave as soon as practicable.

35.15 Unpaid no safe job leave

35 .15.1 If clause 35.13 (Transfer to a safe job) applies to a pregnant Employee but there is no
appropriate safe job available; and

(a) the Employee will not be entitled to Long Parental Leave; and

(b) if required by the Employer, the Employee has given the Employer evidence that
would satisfy a reasonable person of the pregnancy, which may include a
requirement to provide a medical certificate;

the Employee is entitled to unpaid no safe job leave for the risk period.

35.16 Special Maternity Leave

35.16.1 Entitlement to unpaid special birth-related leave

(a) An Eligible Employee is entitled to a period of unpaid special leave if they are not
fit for work during that period because:
(i) the Employee has a pregnancy-related illness; or
(ii) all the following apply:

a) the Employee has been pregnant; and
b) the pregnancy ends after a period of gestation of at least 12 weeks

otherwise than by the birth of a living Child or a Stillbirth.

35.16.2 An Eligible Employee who has an entitlement to personal leave may, in part or whole ,
take personal leave instead of unpaid special leave under this clause.

35.16.3 The period of the unpaid special maternity leave required will be certified via a Medical
Certificate. The aggregate of paid sick leave, special maternity leave and Parental
Leave, including Parental Leave taken by a spouse, shall not exceed 52 weeks.

35.16.4 Notice and evidence requirements for Special Maternity Leave

35.17 Stillbirth

(a) An Eligible Employee must give the Employer notice of the taking of unpaid special
maternity leave:
(i) as soon as practicable (which may be a time after the leave has started); and
(ii) must advise the Employer of the period, or expected period, of the leave; and

(b) If required, give the Employer evidence that would satisfy a reasonable person and
or provide a certificate from a registered medical practitioner that the leave is taken
for a reason specified in this clause 35.16 (Special Maternity Leave).

35 .17.1 Preserving entitlement to unpaid birth-related leave.

(a) If:
(i)
(ii)

a Child is Stillborn; and
the Employee would have been entitled to unpaid parental leave that is
birth-related leave, if the child had been born alive;

Murray PHN Enterprise Agreement 2022 Page 141

35.14.3 If an Employee, during the six (6) week period before the expected date of birth, is on paid no safe job leave, the Employer may request that the Employee provide a medical certificate within seven (7) days stating whether the Employee is fit for work. (a) If, the Employee has either: (i) not complied with the request from the Employer under clause 35.14.3; or (ii) provided a medical certificate stating that the Employee is not fit for work, then the Eligible Employee is not entitled to no safe job leave and the Employer may require the Eligible Employee to take parental leave as soon as practicable. 35.15 Unpaid no safe job leave 35.15.1 If clause Transfer to a safe job) applies to a pregnant Employee but there is no appropriate sate job available; and (a) the Employee will not be entitled to Long Parental Leave; and (b) if required by the Employer, the Employee has given the Employer evidence that would satisfy a reasonable person of the pregnancy, which may include a requirement to provide a medical certificate; the Employee is entitled to unpaid no safe job leave for the risk period. 35.16 Special Maternity Leave 35.16.1 Entitlement to unpaid special birth-related leave (a) An Eligible Employee is entitled to a period of unpaid special leave if they are not fit for work during that period because: (i) the Employee has a pregnancy-related illness; or (ii) all the following apply: a) the Employee has been pregnant; and the pregnancy ends after a period of gestation of at least 12 weeks otherwise than by the birth of a living Child or a Stillbirth. 35.16.2 An Eligible Employee who has an entitlement to personal leave may, in part or whole, take personal leave instead of unpaid special leave under this clause. 35.16.3 The period of the unpaid special maternity leave required will be certified via a Medical Certificate. The aggregate of paid sick leave, special maternity leave and Parental Leave, including Parental Leave taken by a spouse, shall not exceed 52 weeks. 35.16.4 Notice and evidence requirements for Special Maternity Leave (a) An Eligible Employee must give the Employer notice of the taking of unpaid special maternity leave: (i) as soon as practicable (which may be a time after the leave has started); and (ii) must advise the Employer of the period, or expected period, of the leave; and (b) If required, give the Employer evidence that would satisfy a reasonable person and or provide a certificate from a registered medical practitioner that the leave is taken for a reason specified in this clause 35.16 (Special Maternity Leave). 35.17 Stillbirth 35.17.1 Preserving entitlement to unpaid birth-related leave. (a) If: (i) a Child is Stillborn; and (ii) the Employee would have been entitled to unpaid parental leave that is birth-related leave, if the child had been born alive; Murray PHN Enterprise Agreement 2022 Page | 41

then the Employee is taken to be entitled to the unpaid parental leave, despite the
Stillbirth of the Child.

35.17.2 Cancelling leave or returning to work

(a) If a Child is Stillborn or dies during the 24 month period starting on the Child's date
of birth, then an Eligible Employee who is entitled to a period of parental leave in
relation to the Child may:

(i) before the period of leave starts, give their Employer written notice cancelling
the leave; or

(ii) if the period of leave has started , give their Employer written notice that the
Employee wishes to return to work on a specified day (which must be at least
four ( 4) weeks after the date on which the Employer receives the notice).

(b) Where notice under subclause 35.17.2(a) is given, the Employee's entitlement to
Long Parental Leave in relation to the Child ends:

(i) if the action is taken under subclause 35.1 7.2(a)(i) immediately after the
cancellation of the leave; or

(ii) if the action is taken under subclause 35.17.2(a)(ii) immediately before the
specified day.

(c) This subclause (35.17.2) does not limit subclause 35.9.4 (dealing with the
Employee reducing the period of unpaid parental leave with the agreement of the
Employer).

35.18 Adoption and Custodial leave

35.18.1 Unpaid Pre-Adoption Leave

(a) An Employee seeking to adopt a child is entitled to unpaid leave for the purposes
of attending any compulsory interviews or examinations as are necessary as part
of the adoption procedure.

(b) The Employee and the Employer should agree on the length of the unpaid leave.
Where agreement cannot be reached , the Employee is entitled to take up to two
(2) days' unpaid leave, taken as a:
(i) a single continuous period of up to two (2) days; or
(ii) any separate periods to which the Employee and the Employer agree.

(c) Where other paid leave is available to the Employee, the Employer may require
the Employee to take such leave instead.

35.18.2 Where the Adoption or Custodial placement does not proceed or continue.

(a) Where the placement of a child for adoption or custodial placement with an
Employee does not proceed or continue, the Employee will notify the Employer
immediately.
(i) Employee initiated return to work:

a) Where the Eligible Employee wishes to return to work due to a
placement not proceeding or continuing, the Employer must nominate
a time not exceeding four ( 4) weeks from receipt of notification for the
Eligible Employee's return to work.

(ii) Employer initiated return to work:
a) Where the Eligible Employee had, at the time, started a period of

adoption-related or custodial-related leave in relation to the placement,
the Eligible Employee's entitlement to adoption or Custodial Leave is
not affected , unless the Employer gives written notice under subclause
35.18.2(b )(ii)b below.

Murray PHN Enterprise Agreement 2022 Page 142

then the Employee is taken to be entitled to the unpaid parental leave, despite the Stillbirth of the Child. 35.17.2 Cancelling leave or returning to work (a) If a Child is Stillborn or dies during the 24 month period starting on the Child's date of birth, then an Eligible Employee who is entitled to a period of parental leave in relation to the Child may: (i) before the period of leave starts, give their Employer written notice cancelling the leave; or (ii) if the period of leave has started, give their Employer written notice that the Employee wishes to return to work on a specified day (which must be at least four (4) weeks after the date on which the Employer receives the notice) (b) Where notice under subclause 35.17.2(a) is given, the Employee's entitlement to Long Parental Leave in relation to the Child ends: (i) if the action is taken under subclause 35.17.2(a)(i) immediately after the cancellation of the leave; or (ii) if the action is taken under subclause 35.17.2(a)(ii) immediately before the specified day. (c) This subclause (35.17.2) does not limit subclause dealing with the Employee reducing the period of unpaid parental leave with the agreement of the Employer). 35.18 Adoption and Custodial leave 35.18.1 Unpaid Pre-Adoption Leave (a) An Employee seeking to adopt a child is entitled to unpaid leave for the purposes of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. (b) The Employee and the Employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the Employee is entitled to take up to two (2) days' unpaid leave, taken as a: (i) a single continuous period of up to two (2) days; or (ii) any separate periods to which the Employee and the Employer agree. (c) Where other paid leave is available to the Employee, the Employer may require the Employee to take such leave instead. 35.18.2 Where the Adoption or Custodial placement does not proceed or continue. (a) Where the placement of a child for adoption or custodial placement with an Employee does not proceed or continue, the Employee will notify the Employer immediately. (i) Employee initiated return to work: a) Where the Eligible Employee wishes to return to work due to a placement not proceeding or continuing, the Employer must nominate a time not exceeding four (4) weeks from receipt of notification for the Eligible Employee's return to work. (ii) Employer initiated return to work: a) Where the Eligible Employee had, at the time, started a period of adoption-related or custodial-related leave in relation to the placement, the Eligible Employee's entitlement to adoption or Custodial Leave is not affected, unless the Employer gives written notice under subclause 35.18.2(b)(ii)b below. Murray PHN Enterprise Agreement 2022 Page | 42

b) The Employer will nominate a time not exceeding four ( 4) weeks from
receipt of notification for the Employee's return to work. This
notification will be provided in writing to the Employee.

(b) An Employee will not be in breach of this clause because of failure to give the
stipulated period of notice if such failure results from a requirement of an adoption
agency to accept earlier or later placement of a child, or other compelling
circumstances.

35.19 Replacement Employees

35.19.1 A replacement Employee is an Employee specifically engaged, because an Employee is
taking parental leave.

35.19.2 Before an Employer engages a replacement Employee the Employer shall inform that
person of the temporary nature of the employment and the rights of the Employee who is
being replaced to return to their pre-parental leave position.

35.20 Returning to work after a period of parental leave

35.20.1 An Employee shall notify the Employer of their intention to return to work after a period of
parental leave at least six (6) weeks prior to the expiration of the leave.

35 .20.2 An Employee shall be entitled to the position which the Employee held immediately
before proceeding on parental leave. In the case of an Employee who had transferred to
a safe job (subclause 35.13), the Employee shall be entitled to return to the position the
Employee held immediately before the safe job transfer.

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

35 .20.4 The Employer must not fail to re-engage an Eligible Employee because:

(a) the Eligible Employee or Eligible Employee's Spouse is pregnant; or
(b) the Eligible Employee is or has been immediately absent on parental leave.

35.20 .5 The rights of the Employer in relation to engagement and re-engagement of casual
Employees are not affected, other than in accordance with this clause.

35.21 Employees who cease to have responsibility for care of a Child

35.21.1 This subclause applies to an Employee who has taken Parental Leave in relation to a
Child if the Employee ceases to have any responsibility for the care of the Child for a
reason other than because:

(a) of a Stillbirth; or
(b) the Child dies during the 24 month period starting on the child's date of birth.

35.21.2 The Employer may give the Employee written notice requiring the Employee to return to
work on a specified day.

35.21.3 The specified day:

(a) must be at least four (4) weeks after the notice is given to the Employee; and
(b) if the leave is birth-related leave taken by an Employee who has given birth , must

not be earlier than six (6) weeks after the date of birth of the Child .

35.21.4 The Employee's entitlement to Parental Leave in relation to the Child ends immediately
before the specified day.

Murray PHN Enterprise Agreement 2022 Page 143

b) The Employer will nominate a time not exceeding four (4) weeks from receipt of notification for the Employee's return to work. This notification will be provided in writing to the Employee. (b) An Employee will not be in breach of this clause because of failure to give the stipulated period of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, or other compelling circumstances. 35.19 Replacement Employees 35.19.1 A replacement Employee is an Employee specifically engaged, because an Employee is taking parental leave. 35.19.2 Before an Employer engages a replacement Employee the Employer shall inform that person of the temporary nature of the employment and the rights of the Employee who is being replaced to return to their pre-parental leave position. 35.20 Returning to work after a period of parental leave 35.20.1 An Employee shall notify the Employer of their intention to return to work after a period of parental leave at least six (6) weeks prior to the expiration of the leave. 35.20.2 An Employee shall be entitled to the position which the Employee held immediately before proceeding on parental leave. In the case of an Employee who had transferred to a safe job (subclause , the Employee shall be entitled to return to the position the Employee held immediately before the safe job transfer. 35.20.3 Where such position no longer exists, but there are other positions available which the Employee is qualified for and is capable of performing, the Employee shall be entitled to a position as nearly comparable in status and pay to that of their former position. 35.20.4 The Employer must not fail to re-engage an Eligible Employee because: (a) the Eligible Employee or Eligible Employee's Spouse is pregnant; or (b) the Eligible Employee is or has been immediately absent on parental leave. 35.20.5 The rights of the Employer in relation to engagement and re-engagement of casual Employees are not affected, other than in accordance with this clause. 35.21 Employees who cease to have responsibility for care of a Child 35.21.1 This subclause applies to an Employee who has taken Parental Leave in relation to a Child if the Employee ceases to have any responsibility for the care of the Child for a reason other than because: (a) of a Stillbirth; or (b) the Child dies during the 24 month period starting on the child's date of birth. 35.21.2 The Employer may give the Employee written notice requiring the Employee to return to work on a specified day. 35.21.3 The specified day: (a) must be at least four (4) weeks after the notice is given to the Employee; and (b) if the leave is birth-related leave taken by an Employee who has given birth, must not be earlier than six (6) weeks after the date of birth of the Child. 35.21.4 The Employee's entitlement to Parental Leave in relation to the Child ends immediately before the specified day. Murray PHN Enterprise Agreement 2022 Page | 43

35.22 Employment Flexibility post Long Parental Leave

35.22 .1 An Employee entitled to Long Parental Leave may request the Employer to allow the
Employee:

(a) to return from a period of parental leave on a part-time basis until the child reaches
school age;

(b) to assist the Employee in reconciling work and parental responsibilities.

35.22.2 The Employee shall make the request in writing, at least 10 weeks prior to the expiration
of the leave.

35.22 .3 The Employer shall give the Employee a written response to the request stating whether
the Employer grants or refuses the request. The response must be given as soon as
practicable and not later than 21 days after the request is made.

35.22.4 The Employer shall consider the request having regard to the Employee's circumstances
and , provided the request is genuinely based on the Employee's parental
responsibilities, may only refuse the request after meeting with the Employee to discuss
their request, and then on reasonable grounds related to the effect on the workplace or
the Employer's business.

35.22.5 If the Employer refuses the request, the written response under clause 35.22.3 must
include details of the reasons for the refusal.

36 Leave without Pay

36.1 All Employees ( except casual Employees) shall be able to request leave without pay which shall be
granted at the discretion of the Employer.

36.2 The period of leave without pay shall not break an Employee's continuity of service.

36.3 Subject to clause 34.8 (Long Service Leave - Continuous Service) the period of leave without pay
will not be incorporated when calculating an Employee's Service period for any purpose of this
Agreement.

36.4 The Employer will not grant leave without pay if the Employee has accrued annual leave, long
service leave and/or Time Off In Lieu that they could access.

37 Community Service Leave

37.1 Jury Service

37.1.1 An Employee, other than a casual Employee, required to attend for jury service during
their contracted working hours shall be paid by the Employer based on the ordinary time
the Employee would have worked during the period they are undertaking jury duty, as a
part of the usual pay cycle .

37.1.2 The amount payable to the Employee under subclause 37.1.1 is reduced by the total
amount of jury service pay that has been paid, or is payable, to the Employee for the jury
service period.

37.1 .3 Jury service pay means an amount paid to the Employee in relation to jury service
under a law of the Commonwealth, a State or Territory, other than an amount that is, or
that is in the nature of, an expense related allowance.

37.1.4 An Employee shall notify the Employer of the date upon which they are required to
attend for jury service. To receive payment under subclause 37.1.1, the Employee must
give the Employer proof of attendance, the duration of such attendance and the amount
of jury service pay received for the jury service period.

Murray PHN Enterprise Agreement 2022 Page I 44

35.22 Employment Flexibility post Long Parental Leave 35.22.1 An Employee entitled to Long Parental Leave may request the Employer to allow the Employee: (a) to return from a period of parental leave on a part-time basis until the child reaches school age; (b) to assist the Employee in reconciling work and parental responsibilities. 35.22.2 The Employee shall make the request in writing, at least 10 weeks prior to the expiration of the leave. 35.22.3 The Employer shall give the Employee a written response to the request stating whether the Employer grants or refuses the request. The response must be given as soon as practicable and not later than 21 days after the request is made. 35.22.4 The Employer shall consider the request having regard to the Employee's circumstances and, provided the request is genuinely based on the Employee's parental responsibilities, may only refuse the request after meeting with the Employee to discuss their request, and then on reasonable grounds related to the effect on the workplace or the Employer's business. 35.22.5 If the Employer refuses the request, the written response under clause 35.22.3 must include details of the reasons for the refusal. 36 Leave without Pay 36.1 All Employees (except casual Employees) shall be able to request leave without pay which shall be granted at the discretion of the Employer. 36.2 The period of leave without pay shall not break an Employee's continuity of service. 36.3 Subject to clause (Long Service Leave - Continuous Service) the period of leave without pay will not be incorporated when calculating an Employee's Service period for any purpose of this Agreement. 36.4 The Employer will not grant leave without pay if the Employee has accrued annual leave, long service leave and/or Time Off In Lieu that they could access. 37 Community Service Leave 37.1 Jury Service 37.1.1 An Employee, other than a casual Employee, required to attend for jury service during their contracted working hours shall be paid by the Employer based on the ordinary time the Employee would have worked during the period they are undertaking jury duty, as a part of the usual pay cycle. 37.1.2 The amount payable to the Employee under subclause 37.1.1 is reduced by the total amount of jury service pay that has been paid, or is payable, to the Employee for the jury service period. 37.1.3 Jury service pay means an amount paid to the Employee in relation to jury service under a law of the Commonwealth, a State or Territory, other than an amount that is, or that is in the nature of, an expense related allowance. 37.1.4 An Employee shall notify the Employer of the date upon which they are required to attend for jury service. To receive payment under subclause 37.1.1, the Employee must give the Employer proof of attendance, the duration of such attendance and the amount of jury service pay received for the jury service period. Murray PHN Enterprise Agreement 2022 Page | 44

37.1.5

37.1.6

37.1.7

When Jury Service pay is received by the Employee, the Employee must make payment
of an amount equal to the jury service pay received, directly to the Employer by way of
reimbursement of the amount which has been advanced by the Employer.

The Employee is required to provide notification and repayment to the Employer under
clauses 37.1.4 and 37.1 .5 as soon as possible but by no later than 14 days after they
receive the relevant information.

Where the Employee has not made an arrangement about reimbursement with the
Employer to repay the full amount advanced , within 14 days after the Employee has
received written notification from the Employer (including details of the exact amount
advanced), the Employer may deduct the amount that has been advanced to the
Employee from the Employee's future remuneration.

37.2 Voluntary Emergency Management Activity

37.2.1

37.2.2

37.2.3

37.2.4

37.2.5

An Employee, other than a casual Employee, who engages in a voluntary emergency
management activity with a recognised emergency management body that requires the
attendance of the Employee at a time when the Employee would otherwise be required
to be at work is entitled to take leave for:

(a) the time when the Employee engages in the activity;
(b) reasonable travelling time associated with the activity; and
(c) reasonable rest time immediately following the activity.

The Employee must advise the Employer as soon as reasonably practicable if the
Employee is requested to attend a voluntary emergency management activity, and must
advise the Employer of the expected or likely duration of the Employee's attendance.
The Employee must provide a certificate of attendance or other evidence of attendance
as reasonably requested by the Employer.

The leave under this clause will be paid up to two (2) weeks, save that the approval for
the paid leave is subject to the operational requirements of the Employer. If a longer
absence is required, the Employee will need to negotiate a further extension of unpaid
leave with the Employer.

An Employee engages in a voluntary emergency management activity if, and only if:

(a) the Employee engages in an activity that involves dealing with an emergency or
natural disaster; and

(b) the Employee engages in the activity on a voluntary basis; and
(c) the Employee is a member of, or has a member-like association with, a recognised

emergency management body; and
(d) either:

(i) the Employee was requested by or on behalf of the body to engage in the
activity; or

(ii) no such request was made, but it would be reasonable to expect that, if the
circumstances had permitted the making of such a request, it is likely that
such a request would have been made.

A recognised emergency management body is:

(a) a body, or part of a body, that has a role or function under a plan that:
(i) is for coping with emergencies and/or disasters; and
(ii) is prepared by the Commonwealth, a State or a Territory; or

(b) a firefighting, civil defence or rescue body, or part of such a body; or
(c) any other body, or part of a body, a substantial purpose of which involves:

Murray PHN Enterprise Agreement 2022 Page 145

37.1.5 When Jury Service pay is received by the Employee, the Employee must make payment of an amount equal to the jury service pay received, directly to the Employer by way of reimbursement of the amount which has been advanced by the Employer. 37.1.6 The Employee is required to provide notification and repayment to the Employer under clauses 37.1.4 and 37.1.5 as soon as possible but by no later than 14 days after they receive the relevant information. 37.1.7 Where the Employee has not made an arrangement about reimbursement with the Employer to repay the full amount advanced, within 14 days after the Employee has received written notification from the Employer (including details of the exact amount advanced), the Employer may deduct the amount that has been advanced to the Employee from the Employee's future remuneration. 37.2 Voluntary Emergency Management Activity 37.2.1 An Employee, other than a casual Employee, who engages in a voluntary emergency management activity with a recognised emergency management body that requires the attendance of the Employee at a time when the Employee would otherwise be required to be at work is entitled to take leave for: ) the time when the Employee engages in the activity; (b) reasonable travelling time associated with the activity; and (c) reasonable rest time immediately following the activity. 37.2.2 The Employee must advise the Employer as soon as reasonably practicable if the Employee is requested to attend a voluntary emergency management activity, and must advise the Employer of the expected or likely duration of the Employee's attendance. The Employee must provide a certificate of attendance or other evidence of attendance as reasonably requested by the Employer. 37.2.3 The leave under this clause will be paid up to two (2) weeks, save that the approval for the paid leave is subject to the operational requirements of the Employer. If a longer absence is required, the Employee will need to negotiate a further extension of unpaid leave with the Employer. 37.2.4 An Employee engages in a voluntary emergency management activity if, and only if: (a) the Employee engages in an activity that involves dealing with an emergency or natural disaster; and (b) the Employee engages in the activity on a voluntary basis; and (c) the Employee is a member of, or has a member-like association with, a recognised emergency management body; and (d) either: (i) the Employee was requested by or on behalf of the body to engage in the activity; or (ii) no such request was made, but it would be reasonable to expect that, if the circumstances had permitted the making of such a request, it is likely that such a request would have been made. 37.2.5 A recognised emergency management body is: (a) a body, or part of a body, that has a role or function under a plan that: (i) is for coping with emergencies and/or disasters; and (ii) is prepared by the Commonwealth, a State or a Territory; or (b) a firefighting, civil defence or rescue body, or part of such a body; or (c) any other body, or part of a body, a substantial purpose of which involves: Murray PHN Enterprise Agreement 2022 Page | 45

37.2.6

(i) securing the safety of persons or animals in an emergency or natural
disaster; or

(ii) protecting property in an emergency or natural disaster; or
(iii) otherwise responding to an emergency or natural disaster; or

(d) a body, or part of a body, prescribed by the regulations .

Leave prescribed in this subclause 37.2 will not be deducted from other accrued leave
entitlements and shall count as continuous service for all purposes.

38 Cultural, Ceremonial and Religious Leave

38.1 Murray PHN recognises the diversity of individuals employed by Murray PHN and in doing so
provides for Religious and/or Cultural Leave specific to the Employee's own religious and/or
cultural identification.

38.2 Employees are eligible to take Cultural , Ceremonia l and Religious Leave as either, First Nations
Cultural and Ceremonial Leave (subclause 38.6) or Other Cultural and Religious Leave (subclause
38. 7) but not both.

38.3 Applications for leave are to be made with reasonable notice to the Employee's Manager and will
be assessed according to whether they are legitimate Cultural, Ceremonial and Religious activity
related to the Employee belonging to a recognised community.

38.4 Upon request by the Employer the Employee may be asked to provide a Statutory Declaration as
evidentiary support of the requested leave type, substantiating the activity is legitimate.

38.5 Eligibility

38.5.1

38.5.2

38.5.3

38.5.4

Paid and unpaid Cultural , Ceremonial and Religious Leave is available to full-time
Employees and on a pro-rata basis to part-time Employees.

All types of Cultural and Religious Leave

(i) is available in full at the start of each financial year; and
(ii) does not accumulate from year to year; and
(iii) may be taken as single days or as a single continuous period.

Leave granted under clause 38 is in addition to Compassionate Leave granted under
any other provision of this Agreement.

Leave granted under clause 38 will not break the continuity of service of an Employee
and will be taken into account in calculating the period of service for any entitlements
accrued by the Employee.

38.6 First Nations Cultural and Ceremonial Leave

38.6.1

38.6.2

Subject to subclause 38.2 Employees who identify as being of First Nations descent
shall be entitled to:

(a) up to three (3) days' paid leave per financial year for the purpose of fulfilling or
observing cultural, ceremonial or rel igious obligations; and

(b) up to 10 days unpaid leave per financial year for the purpose of fulfilling or
observing cultural or ceremonial obligations.

(c) the Employer may approve attendance during working hours by an Employee at
First Nations community meetings unrelated to work purposes.

Such obligations may be 'traditional' or 'urban' in nature and may include initiation,
birthing and naming, funerals in cases where the deceased person is not a member of
the Employee's Immediate Family or household but is nonetheless significant to the
Employee, smoking or cleansing and sacred site or land ceremonies, and preparation for

Murray PHN Enterprise Agreement 2022 Page 146

(i) securing the safety of persons or animals in an emergency or natural disaster; or (ii) protecting property in an emergency or natural disaster; or (iii) otherwise responding to an emergency or natural disaster; or (d) a body, or part of a body, prescribed by the regulations. 37.2.6 Leave prescribed in this subclause 37.2 will not be deducted from other accrued leave entitlements and shall count as continuous service for all purposes. 38 Cultural, Ceremonial and Religious Leave 38.1 Murray PHN recognises the diversity of individuals employed by Murray PHN and in doing so provides for Religious and/or Cultural Leave specific to the Employee's own religious and/or cultural identification. 38.2 Employees are eligible to take Cultural, Ceremonial and Religious Leave as either, First Nations Cultural and Ceremonial Leave (subclause or Other Cultural and Religious Leave (subclause but not both. 38.3 Applications for leave are to be made with reasonable notice to the Employee's Manager and will be assessed according to whether they are legitimate Cultural, Ceremonial and Religious activity related to the Employee belonging to a recognised community. 38.4 Upon request by the Employer the Employee may be asked to provide a Statutory Declaration as evidentiary support of the requested leave type, substantiating the activity is legitimate. 38.5 Eligibility 38.5.1 Paid and unpaid Cultural, Ceremonial and Religious Leave is available to full-time Employees and on a pro-rata basis to part-time Employees. 38.5.2 All types of Cultural and Religious Leave (i) is available in full at the start of each financial year; and (ii) does not accumulate from year to year; and may be taken as single days or as a single continuous period. 38.5.3 Leave granted under clause s in addition to Compassionate Leave granted under any other provision of this Agreement. 38.5.4 Leave granted under clause will not break the continuity of service of an Employee and will be taken into account in calculating the period of service for any entitlements accrued by the Employee. 38.6 First Nations Cultural and Ceremonial Leave 38.6.1 Subject to subclause Employees who identify as being of First Nations descent shall be entitled to: (a) up to three (3) days' paid leave per financial year for the purpose of fulfilling or observing cultural, ceremonial or religious obligations; and (b) up to 10 days unpaid leave per financial year for the purpose of fulfilling or observing cultural or ceremonial obligations. (c) the Employer may approve attendance during working hours by an Employee at First Nations community meetings unrelated to work purposes. 38.6.2 Such obligations may be 'traditional' or 'urban' in nature and may include initiation, birthing and naming, funerals in cases where the deceased person is not a member of the Employee's Immediate Family or household but is nonetheless significant to the Employee, smoking or cleansing and sacred site or land ceremonies, and preparation for Murray PHN Enterprise Agreement 2022 Page | 46

and attending community organisation business, National Aboriginal and Islander Day
Observation Committee Week functions, or other relevant cultural events.

38. 7 Other Cultural and Religious Leave

38.7.1 Subject to subclause 38.2 an Employee who is adherent to and celebrates cultural,
ceremonial or religious days of observance shall be entitled to :

(a) up to three (3) days' paid leave per financial year for the purpose of fulfilling or
observing cultural, ceremonial or religious obligations.

39 Family and Domestic Violence Leave

39.1 Murray PHN recognises Employees may face situations of violence or abuse in their personal life
that may affect their attendance and/or performance at work.

39.2 In this clause, Family Member means:

(a) a current or former spouse or de facto partner of the Employee; or
(b) a child, parent, grandparent, grandchild or sibling of the Employee; or
(c) a child, parent, grandparent, grandchild or sibling of a current or former spouse or de facto

partner of the Employee; or
(d) a person related to the Employee according to First Nations kinship rules .
(e) a member of an Employee's household .

39.3 In this clause, Family and Domestic Violence means behavior by a person towards a Family
Member of that person if that behavior:

(a) is physically or sexually abusive; or
(b) is emotionally or psychologically abusive; or
(c) is economically abusive; or
(d) is threatening; or
(e) is coercive; or
(f) in any other way controls or dominates the Family Member and causes that Family

Member to feel fear for the safety or wellbeing of that Family Member or another person;
or

(g) behaviour by a person that causes a child to hear or witness, or otherwise be exposed to
the effects of, behaviour referred to 39.3(a).

39.4 Paid Family and Domestic Violence Leave

39.4.1 Eligible Employees are entitled to 15 days of paid Family and Domestic Violence Leave
within a 12 month period . Paid Family and Domestic Violence leave:

(a) is available in full at the start of each 12 month period of the Employee's
employment; and

(b) does not accumulate from year to year; and
(c) is available in full to part-time and casual Employees.

39.4.1 .1 In relation to the leave period, for an Employee other than a casual Employee,
the Employer must pay the Employee at the full rate of pay worked out as if the
Employee had not taken the period of leave.

39.4.1.2 In relation to the leave period , for a casual Employee, the Employer must pay
the Employee at the full rate of pay worked out as if the Employee had worked
the hours in the period for which the Employee was rostered.

39.4.1.3 Subclause 39.4.1 .2 does not prevent a casual Employee from taking a period of
paid family and domestic violence leave that does not include hours for which

Murray PHN Enterprise Agreement 2022 Page [ 47

and attending community organisation business, National Aboriginal and Islander Day Observation Committee Week functions, or other relevant cultural events. 38.7 Other Cultural and Religious Leave 38.7.1 Subject to subclause an Employee who is adherent to and celebrates cultural, ceremonial or religious days of observance shall be entitled to: (a) up to three (3) days' paid leave per financial year for the purpose of fulfilling or observing cultural, ceremonial or religious obligations. 39 Family and Domestic Violence Leave 39.1 Murray PHN recognises Employees may face situations of violence or abuse in their personal life that may affect their attendance and/or performance at work. 39.2 In this clause, Family Member means: (a) a current or former spouse or de facto partner of the Employee; or (b) a child, parent, grandparent, grandchild or sibling of the Employee; or (c) a child, parent, grandparent, grandchild or sibling of a current or former spouse or de facto partner of the Employee; or (d) a person related to the Employee according to First Nations kinship rules. (e) a member of an Employee's household. 39.3 In this clause, Family and Domestic Violence means behavior by a person towards a Family Member of that person if that behavior: (a) is physically or sexually abusive; or (b) is emotionally or psychologically abusive; or (c) is economically abusive; or (d) is threatening; or (e) is coercive; or (f) in any other way controls or dominates the Family Member and causes that Family Member to feel fear for the safety or wellbeing of that Family Member or another person; or (g) behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to 39.3(a). 39.4 Paid Family and Domestic Violence Leave 39.4.1 Eligible Employees are entitled to 15 days of paid Family and Domestic Violence Leave within a 12 month period. Paid Family and Domestic Violence leave: (a) is available in full at the start of each 12 month period of the Employee's employment; and (b) does not accumulate from year to year; and (c) is available in full to part-time and casual Employees. 39.4.1.1 In relation to the leave period, for an Employee other than a casual Employee, the Employer must pay the Employee at the full rate of pay worked out as if the Employee had not taken the period of leave. 39.4.1.2 In relation to the leave period, for a casual Employee, the Employer must pay the Employee at the full rate of pay worked out as if the Employee had worked the hours in the period for which the Employee was rostered. 39.4.1.3 Subclause 39.4.1.2 does not prevent a casual Employee from taking a period of paid family and domestic violence leave that does not include hours for which Murray PHN Enterprise Agreement 2022 Page | 47

39.4.2

the Employee is rostered to work. However, the Employer is not required to pay
the Employee in relation to such a period.

The 15 days paid Family and Domestic Violence Leave is included as part of any paid
leave provision provided for, by the NES in the Act.

39.5 Unpaid Family and Domestic Violence Leave

39.5 .1 By agreement with the Employer an Eligible Employee may request unpaid leave to
undertake activities related to, or as a consequence of, Family and Domestic Violence.

39.6 Accessing paid and unpaid Family and Domestic Violence Leave

39.6.1

39.6.2

39.6.3

Leave for family violence purposes is available to Employees who are:

(a) experiencing family and domestic violence; and
(b) the Employee needs to do something to deal with the impact of the family and

domestic violence; and
(c) it is impractical for the Employee to do that thing outside the Employee's work

hours.

Leave may be taken to allow Employees to be absent from the workplace to, arranging
for the safety of the Employee or a Family member (including relocation), attend
counselling appointments, medical appointments, legal proceedings or appointments
with a legal practitioner and other activities related to, or as a consequence of, Family
and Domestic Violence.

Paid family and domestic violence leave may be taken as:

(a) a single continuous 15 day period; or
(b) separate periods of one (1) or more days each ; or
(c) any separate periods to which the Employee and the Employer agree, including

periods of less than one (1) day.

39. 7 Notice and evidence requirements

39.7.1

39.7.2

39.7.3

An Employee needing to access Family and Domestic Violence Leave must contact
either their Manager, or the next appropriate senior Manager or a Representative of the
People and Culture team as soon as practicable (which may be a time after the leave
has started).

Contact by the Employee must be made verbally either by phone or in person and the
Employee is required to advise the Employer of the expected period of the leave.

Evidence of family violence may be required and can be in the form of an agreed
document issued by the Police Service, a Court, a registered health practitioner, a family
violence support service, District Nurse, Maternal and Child Health Care Nurse or
Lawyer. A signed statutory declaration can also be offered as evidence.

39.8 Confidentiality

39.8.1

39.8.2

The Employer will take steps to ensure information concerning any notice or evidence an
Employee has given of the Employee taking leave under this clause is treated
confidentially, as far as it is reasonably practicable to do so.

Nothing in this clause prevents an Employer from disclosing information provided by an
Employee if the disclosure is required by an Australian law or is necessary to protect the
life, health or safety of the Employee or another person.

Murray PHN Enterprise Agreement 2022 Page 148

the Employee is rostered to work. However, the Employer is not required to pay the Employee in relation to such a period. 39.4.2 The 15 days paid Family and Domestic Violence Leave is included as part of any paid leave provision provided for, by the NES in the Act. 39.5 Unpaid Family and Domestic Violence Leave 39.5.1 By agreement with the Employer an Eligible Employee may request unpaid leave to undertake activities related to, or as a consequence of, Family and Domestic Violence. 39.6 Accessing paid and unpaid Family and Domestic Violence Leave 39.6.1 Leave for family violence purposes is available to Employees who are: (a) experiencing family and domestic violence; and (b) the Employee needs to do something to deal with the impact of the family and domestic violence; and (c) it is impractical for the Employee to do that thing outside the Employee's work hours. 39.6.2 Leave may be taken to allow Employees to be absent from the workplace to, arranging for the safety of the Employee or a Family member (including relocation), attend counselling appointments, medical appointments, legal proceedings or appointments with a legal practitioner and other activities related to, or as a consequence of, Family and Domestic Violence. 39.6.3 Paid family and domestic violence leave may be taken as: (a) a single continuous 15 day period; or (b) separate periods of one (1) or more days each; or (c) any separate periods to which the Employee and the Employer agree, including periods of less than one (1) day. 39.7 Notice and evidence requirements 39.7.1 An Employee needing to access Family and Domestic Violence Leave must contact either their Manager, or the next appropriate senior Manager or a Representative of the People and Culture team as soon as practicable (which may be a time after the leave has started). 39.7.2 Contact by the Employee must be made verbally either by phone or in person and the Employee is required to advise the Employer of the expected period of the leave. 39.7.3 Evidence of family violence may be required and can be in the form of an agreed document issued by the Police Service, a Court, a registered health practitioner, a family violence support service, District Nurse, Maternal and Child Health Care Nurse or Lawyer. A signed statutory declaration can also be offered as evidence. 39.8 Confidentiality 39.8.1 The Employer will take steps to ensure information concerning any notice or evidence an Employee has given of the Employee taking leave under this clause is treated confidentially, as far as it is reasonably practicable to do so. 39.8.2 Nothing in this clause prevents an Employer from disclosing information provided by an Employee if the disclosure is required by an Australian law or is necessary to protect the life, health or safety of the Employee or another person. Murray PHN Enterprise Agreement 2022 Page | 48

40 Education and Study Leave

40.1 The Employer encourages Employees to study and improve their skills, knowledge and
qualifications that support them in their employment.

40.2 Education and Study leave:

(a) is available in full at the start of each financial year.
(b) does not accumulate from year to year.
(c) is available to full and part-time employees.
(d) may be taken as part days, single days or as a single continuous period .

40.3 Applications for leave are to be made in writing to the Employee's Manager.

40.3.1

40.3.2

For leave requested under subclause 40.4, the Employee's request should include
details of the course in which the employee is enrolled ( or proposes to enrol) and details
of the relevance of the course to the Employee's employment.

For leave requested under subclause 40.5 the Employee's request should include a brief
descriptor of the proposed professional/personal development.

40.4 Professional Development

40.4.1 Where the education relates to the Employee's current position or likely positions within
Murray PHN, an Employee may be granted up to 15.2 hours paid leave per annum to
assist them with their studies.

40.5 Personal Development

40 .5.1

40 .5.2

Where an Employee has three (3) completed years of service with the Employer, the
Employee may be granted 7.6 hours paid leave per annum (in addition to paid leave in
subclause 40.4) for professional or personal development of the Employee's choice.

For avoidance of doubt, if the Employee's three (3) year service anniversary date falls
within the financial year, the Employee is able to access the 7.6 hours post their service
anniversary date.

41 Public Holidays

41.1 An Employee is entitled to be absent from their employment on a day or part-day that is a public
holiday in the place where the Employee is based for work purposes.

41.2 Where any public holiday as prescribed below falls on a day ordinarily worked by an Employee, the
Employee shall not have a reduction in their ordinary pay.

41.3 An Employee may only work on a public holiday where written authorisation from the relevant
Executive Manager has been obtain prior to the work being undertaken.

41.4 An Employer may request an Employee to work on a public holiday if the request is reasonable.

41.5 If an Employer requests an Employee to work on a public holiday, the Employee may refuse the
request if:

(a) the request is not reasonable; or
(b) the refusal is reasonable .

41.6 Where an Employer has made a reasonable request for the Employee to work on a public holiday,
and the Employee works on the public holiday, the Employee will be entitled to be paid in
accordance with clause 26 (Payment on Public Holidays).

Murray PHN Enterprise Agreement 2022 Page 149

40 Education and Study Leave 40.1 The Employer encourages Employees to study and improve their skills, knowledge and qualifications that support them in their employment. 40.2 Education and Study leave: (a) is available in full at the start of each financial year. (b) does not accumulate from year to year. (c) is available to full and part-time employees. (d) may be taken as part days, single days or as a single continuous period. 40.3 Applications for leave are to be made in writing to the Employee's Manager. 40.3.1 For leave requested under subclause 40.4, the Employee's request should include details of the course in which the employee is enrolled (or proposes to enrol) and details of the relevance of the course to the Employee's employment. 40.3.2 For leave requested under subclause 40.5 the Employee's request should include a brief descriptor of the proposed professional/personal development. 40.4 Professional Development 40.4.1 Where the education relates to the Employee's current position or likely positions within Murray PHN, an Employee may be granted up to 15.2 hours paid leave per annum to assist them with their studies. 40.5 Personal Development 40.5.1 Where an Employee has three (3) completed years of service with the Employer, the Employee may be granted 7.6 hours paid leave per annum (in addition to paid leave in subclause 40.4) for professional or personal development of the Employee's choice. 40.5.2 For avoidance of doubt, if the Employee's three (3) year service anniversary date falls within the financial year, the Employee is able to access the 7.6 hours post their service anniversary date. 41 Public Holidays 41.1 An Employee is entitled to be absent from their employment on a day or part-day that is a public holiday in the place where the Employee is based for work purposes. 41.2 Where any public holiday as prescribed below falls on a day ordinarily worked by an Employee, the Employee shall not have a reduction in their ordinary pay. 41.3 An Employee may only work on a public holiday where written authorisation from the relevant Executive Manager has been obtain prior to the work being undertaken. 41.4 An Employer may request an Employee to work on a public holiday if the request is reasonable. 41.5 If an Employer requests an Employee to work on a public holiday, the Employee may refuse the request if: (a) the request is not reasonable; or (b) the refusal is reasonable. 41.6 Where an Employer has made a reasonable request for the Employee to work on a public holiday, and the Employee works on the public holiday. the Employee will be entitled to be paid in accordance with clause 26 Murray PHN Enterprise Agreement 2022 Page | 49

41.7 Meaning of a Public Holiday.

41. 7 .1 Employees will be entitled to the following gazetted Public Holidays.

(a) New Year's Day;
(b) 26 January/Australia Day;
(c) Labour Day;
(d) Good Friday;
(e) Easter Monday;
(f) Anzac Day;
(g) Queen's Birthday
(h) Christmas Day;
(i) Boxing Day;

41. 7 .2 State or Territory Public Holidays

41. 7.2.1 The Employer's primary operation is within Victoria, however, may have
Employees in other States and Territories with different State and Territory
based public holiday entitlements.

41.7.2.2 An Employee is entitled to any other day or part-day declared or prescribed by
or under a law of the State or Territory where the Employee ordinarily works, to
be observed within that State or Territory (or a region of the State or Territory)
as a public holiday.

41 . 7.2.3 Employees who ordinarily work within Victoria are entitled to the gazetted
Victoria State public holidays, currently being:

(a) Melbourne Cup Day; and
(b) Day before AFL Grand Final Holiday.

For parity, Employees who ordinarily work in States or Territo ries, other than
Victoria, are entitled to the gazetted Victoria State public holidays, if there is
no other declared State or Territory public holiday that may be substituted
from sub-clause 41. 7 .2.2.

41.8 Substituted public holidays under State or Territory laws

41.8.1 If, under a law of a State or Territory, a day or part-day is substituted for public holiday
under clause 41. 7.1 then the substituted day or part-day is the public holiday.

41.9 Substituted public holidays under the Agreement

41.9.1 Melbourne Cup Day

41.9.2

(i) Employees eligible for Melbourne Cup Day public holiday may substitute
Melbourne Cup Day public holiday for the Bendigo Cup Day public holiday.

(ii) Employees requesting the substituted public holiday are to advise their Manager in
writing, within the pay period immediately prior to the first of the two public holidays
falling.

26 January Public Holiday

(i) Employees eligible for 26 January public holiday may choose to substitute 26
January public holiday for a day of their choice within the same pay period that the
26 January public holiday falls ; or Mabo Day.

(a) Where Mabo day falls on a weekend or the Employee's non-working day, the
Employee will take the next closest working day as the exchanged public
holiday.

(ii) Employees requesting the substituted public holiday are to advise their Manager in
writing, within the pay period immediately prior to 26 January.

Murray PHN Enterprise Agreement 2022 Page I 50

41.7 Meaning of a Public Holiday. 41.7.1 Employees will be entitled to the following gazetted Public Holidays. (a) New Year's Day; (b) 26 January/Australia Day; (c) Labour Day; (d) Good Friday; (e) Easter Monday; (f) Anzac Day; (g) Queen's Birthday (h) Christmas Day; (i) Boxing Day; 41.7.2 State or Territory Public Holidays 41.7.2.1 The Employer's primary operation is within Victoria, however, may have Employees in other States and Territories with different State and Territory- based public holiday entitlements. 41.7.2.2 An Employee is entitled to any other day or part-day declared or prescribed by or under a law of the State or Territory where the Employee ordinarily works, to be observed within that State or Territory (or a region of the State or Territory) as a public holiday. 41.7.2.3 Employees who ordinarily work within Victoria are entitled to the gazetted Victoria State public holidays, currently being: (a) Melbourne Cup Day; and (b) Day before AFL Grand Final Holiday. For parity, Employees who ordinarily work in States or Territories, other than Victoria, are entitled to the gazetted Victoria State public holidays, if there is no other declared State or Territory public holiday that may be substituted from sub-clause 41.7.2.2. 41.8 Substituted public holidays under State or Territory laws 41.8.1 If, under a law of a State or Territory, a day or part-day is substituted for public holiday under clause 41.7.1 then the substituted day or part-day is the public holiday. 41.9 Substituted public holidays under the Agreement 41.9.1 Melbourne Cup Day (i) Employees eligible for Melbourne Cup Day public holiday may substitute Melbourne Cup Day public holiday for the Bendigo Cup Day public holiday. (ii) Employees requesting the substituted public holiday are to advise their Manager in writing, within the pay period immediately prior to the first of the two public holidays falling. 41.9.2 26 January Public Holiday (i) Employees eligible for 26 January public holiday may choose to substitute 26 January public holiday for a day of their choice within the same pay period that the 26 January public holiday falls; or Mabo Day. (a) Where Mabo day falls on a weekend or the Employee's non-working day, the Employee will take the next closest working day as the exchanged public holiday. (ii) Employees requesting the substituted public holiday are to advise their Manager in writing, within the pay period immediately prior to 26 January. Murray PHN Enterprise Agreement 2022 Page | 50

41.10 During the life of this Agreement, the Employer may include alternative company-wide substituted
public holidays arrangements.

41 .11 Unless otherwise referred to in this Agreement, or amended in accordance with this Agreement,
public holidays are to be taken on the days they are gazetted.

PART7:ALLOWANCES

42 Travelling Allowance

42.1 Travel for Work

42 .1.1

42.1.2

42 .1.3

42.1.4

When an Employee is required to travel for work, all reasonably incurred and approved
expenses in respect to fares , meals and accommodation will be met by the Employer on
production of receipted account(s) or other evidence acceptable to the Employer.

Upon request and where practicable, the Employer will provide an advance for the
expected costs associated with work-related travel or any other exercise where an
Employee is likely to incur work-related expenses.

Provided further that the Employee shall not be entitled to reimbursement for those
expenses that exceed the mode of transport, meals or the standard of accommodation
agreed for the purpose with the Employer.

For the purposes of this clause, travel between the Employee's regular place of work
and their home shall not constitute "travel for work purposes".

42.2 Private Motor Vehicle

42 .2.1

42 .2.2

The use of private motor vehicles may be authorised for the business of the Employer.
Such use and reimbursement will be based upon the Employer's policy(s) and Australian
Taxation Office guidelines, which will be not less than $0.92 per kilometre .

Such reimbursement as referred to in subclause 42.2.1 covers both standing and
running costs.

43 Higher Duties Allowance

43.1 A higher duty allowance (HDA) is payable where an Employee is required temporarily to perform
the higher-level duties of a classification than the classification in which they are usually employed
and is appointed as "Acting" to that particular role.

43.2 The Employee who is required to perform higher level duties will be paid at the first increment or
pay-point rate for the classification they are temporarily performing.

43.3 HDA shall only be paid for the time worked if an Employee is required to perform the duties of the
higher-level classification for less than two (2) hours.

43.4 The HDA will be paid for the full day or shift that the Employee is required to perform the duties of
the higher classification if they perform the duties for more than two (2) hours.

43.5 Where a public holiday falls within the HDA period it shall be deemed not to have interrupted the
period of the HDA and the relieving Employee shall be paid HDA for the public holiday provided
that those duties extend beyond the public holiday.

Murray PHN Enterprise Agreement 2022 Page 151

41.10 During the life of this Agreement, the Employer may include alternative company-wide substituted public holidays arrangements. 41.11 Unless otherwise referred to in this Agreement, or amended in accordance with this Agreement, public holidays are to be taken on the days they are gazetted. PART 7: ALLOWANCES 42 Travelling Allowance 42.1 Travel for Work 42.1.1 When an Employee is required to travel for work, all reasonably incurred and approved expenses in respect to fares, meals and accommodation will be met by the Employer on production of receipted account(s) or other evidence acceptable to the Employer. 42.1.2 Upon request and where practicable, the Employer will provide an advance for the expected costs associated with work-related travel or any other exercise where an Employee is likely to incur work-related expenses. 42.1.3 Provided further that the Employee shall not be entitled to reimbursement for those expenses that exceed the mode of transport, meals or the standard of accommodation agreed for the purpose with the Employer. 42.1.4 For the purposes of this clause, travel between the Employee's regular place of work and their home shall not constitute "travel for work purposes". 42.2 Private Motor Vehicle 42.2.1 The use of private motor vehicles may be authorised for the business of the Employer. Such use and reimbursement will be based upon the Employer's policy(s) and Australian Taxation Office guidelines, which will be not less than $0.92 per kilometre. 42.2.2 Such reimbursement as referred to in subclause 42.2.1 covers both standing and running costs. 43 Higher Duties Allowance 43.1 A higher duty allowance (HDA) is payable where an Employee is required temporarily to perform the higher-level duties of a classification than the classification in which they are usually employed and is appointed as "Acting" to that particular role. 43.2 The Employee who is required to perform higher level duties will be paid at the first increment or pay-point rate for the classification they are temporarily performing. 43.3 HDA shall only be paid for the time worked if an Employee is required to perform the duties of the higher-level classification for less than two (2) hours. 43.4 The HDA will be paid for the full day or shift that the Employee is required to perform the duties of the higher classification if they perform the duties for more than two (2) hours. 43.5 Where a public holiday falls within the HDA period it shall be deemed not to have interrupted the period of the HDA and the relieving Employee shall be paid HDA for the public holiday provided that those duties extend beyond the public holiday. Murray PHN Enterprise Agreement 2022 Page | 51

SCHEDULES

44 Schedule A: Rates of Pay

Effective First full pay Effective First full pay Effective First full

Level
At operation period post period post pay period post

Grade 01/12/ 2023 01/1 2/2024 01/12/2025

Level l $25.20 $25.96 $26.48 $26.88

Level 2 $25.78 $26.55 $27.08 $27.49

Gradel Level 3 $26.36 $27.15 $27.69 $28.11

Level 4 $26.92 $27.73 $28.28 $28.70

Level 5 $27 .50 $28.33 $28.90 $29.33

Level l $28.34 $29.19 $29.77 $30.22

Level 2 $29.67 $30.56 $31.17 $3 1.64

Grade 2 Level 3 $31.02 $3 1.95 $32.59 $33.08

Level 4 $32.36 $33.33 $34.00 $34.5 1

Level 5 $33.70 $34.7 1 $35.40 $35.93

Level 1 $34.72 $35.76 $36.48 $37 .03

Level 2 $35.93 $37.01 $37.75 $38.32

Grade 3 Level 3 $37.12 $38.23 $38.99 $39.57

Level 4 $38.33 $39.48 $40.27 $40.87

Level 5 $39.55 $40.74 $41.55 $42.1 7

Level 1 $40.75 $41.97 $42.81 $43.45

Level 2 $41.98 $43.24 $44.10 $44.76

Grade 4 Level 3 $43.17 $44.47 $45.36 $46.04

Level 4 $44.41 $45.7 4 $46.65 $47.35

Level 5 $45.63 $47.00 $47.94 $48.66

Level l $47.02 $48.43 $49.40 $50.14

Level 2 $48.12 $49.56 $50.55 $51.31

G rade 5 Level 3 $49.21 $50.69 $51.70 $52.48

Level 4 $50.32 $5 1.83 $52.87 $53.66

Level 5 $51.42 $52.96 $54.02 $54.83

Levell $52.96 $54.55 $55.64 $56.47

Level 2 $54.40 $56.03 $57.15 $58.0 1

Grade 6 Level 3 $55.85 $57.53 $58.68 $59 .56

Level 4 $57.28 $59.00 $60.18 $61.08

level 5 $58.71 $60.47 $61.68 $62.61

Level 1 $60.48 $62.29 $63.54 $64.49

Level 2 $63.06 $64.95 $66.25 $67 .24

Grade 7 Level 3 $65.64 $67.6 1 $68.96 $69.99

Level 4 $68.22 $70.27 $71.68 $72.76

Level 5 $70.79 $72.91 $74.37 $75.49

Murray PHN Enterprise Agreement 2022 Page I 52

=25.70 321120 321 70 81545 50p.21 354 50 855.00 259.001 16E -29 877,24

SCHEDULES 44 Schedule A: Rates of Pay Effective First full pay Effective First full pay Effective First full Grade Level At operation period post period post pay perlod post 01/12/2023 01/12/2024 01/12/2025 Hourly Hourly Hourly Hourly Level 1 $25.20 $25.96 $26.48 $26.88 Level 2 $25.78 $26.55 $27.08 $27.49 Grade 1 Level 3 $26.36 $27.15 $27.69 $28.11 evel 4 $26.92 $27.73 $28.28 $28.70 Level 5 $27.50 $28.33 $28.90 $29.33 Level 1 $28.34 $29.19 $29.77 $30.22 Level 2 $29.67 $30.56 $31.17 $31.64 Grade 2 Level 3 $31.02 $31.95 $32.59 $33.08 Level 4 $32.36 $33.33 $34.00 $34.51 Level 5 $33.70 $34.71 $35.40 $35.93 Level 1 $34.72 $35.76 $36.48 $37.03 Level 2 $35.93 $37.0 $37.75 $38.32 Grade 3 Level 3 $37.12 $38.23 $38.99 $39.57 Level 4 $38.33 $39.48 $40.27 $40.87 Level 5 $39.55 $40.74 $41.55 $42.17 Level 1 $40.75 $41.97 $42.81 $43.45 Level 2 $41.98 $43.24| $44.10 $44.76 Grade 4 Level 3 $43.17 $44.47 $45.36 $46.04 Level 4 $44.4 $45.74 $46.65 $47.35 Level 5 $45.63 $47.00 $47.94 $48.66 Level 1 $47.02 $48.43 $49.40 $50.14 Level 2 $48.12 $49.56 $50.55 $51.31 Grade 5 Level 3 $49.21 $50.69 $51.70 $52.48 Level 4 $50.32 $51.83 $52.87 $53.66 Level 5 $51.42 $52.96 $54.02 $54.83 Level 1 $52.96 $54.55 $55.64 $56.47 Level 2 $54.40 $56.03 $57.15 $58.01 Grade 6 Level 3 $55.85 $57.53 $58.68 $59.56 Level 4 $57.28 $59.00 $60.18 $61.08 Level 5 $58.7 $60.47 $61.68 $62.61 Level 1 $60.48 $62.29 $63.54 $64.49 Level 2 $63.06 $64.95 $66.25 $67.24 Grade 7 Level 3 $65.64 $67.6 $68.96 $69.99 Level 4 $68.22 $70.27 $71.68 $72.76 Level 5 $70.79 $72.91 $74.37 $75.49 Murray PHN Enterprise Agreement 2022 Page | 52

45 Schedule B: Classification Descriptors

Grade 1

Overview • An entry level position with limited or minimal work experience (generally
less than two (2) years) .

• The position works within established routines , methods, and procedures.

• Administrative work is typically undertaken at this level.

Qualifications • May require on the job training and/or have relevant skills/experience ,
and Experience training and/or qualifications up to Certificate Ill in accordance with the

Australian Qualifications Framework.

• The position requires a good working knowledge of routine Information and
Communication Technology (ICT) based applications and uses ICT on a
regular basis.

Communication • Has sound communication and interpersonal skills.
and
Relationships

Responsibility • Responsible for work performed within a well-defined work environment,
and with clearly defined objectives and a limited level of discretion.
Accountability • Capable of prioritising work within established routines, methods, and

procedures.

Leadership • Works under direct or routine supervision and may work either individually
or as part of a team.

• Able to orient colleagues to known business systems and processes.

• Responsible for self-leadership of work tasks.

Grade 2

Overview In addition to Grade 1

• Regarded as a general administrative position that undertakes a range of
clerical functions within established routines , methods, and procedures.

• Capable of prioritising work within established policies, guidelines , and
procedures.

Qualifications • The position requires more than two (2) years' relevant experience, and/or
and Experience qualifications in a relevant field , equivalent to Certificate IV level in

accordance with the Australian Qualifications Framework.

• The position requires a solid working knowledge of a variety of Information
and Communication Technology (ICT) based applications and systems.

Communication • Possesses clear communication and interpersonal skills .
and • Establishes and maintains professional working relationships internally and
Relationships externally.

Murray PHN Enterprise Agreement 2022 Page [ 53

45 Schedule B: Classification Descriptors Overview · An entry level position with limited or minimal work experience (generally less than two (2) years). · The position works within established routines, methods, and procedures. · Administrative work is typically undertaken at this level. Qualifications · May require on the job training and/or have relevant skills/experience, and Experience training and/or qualifications up to Certificate III in accordance with the Australian Qualifications Framework. . The position requires a good working knowledge of routine Information and Communication Technology (ICT) based applications and uses ICT on a regular basis. Communication · Has sound communication and interpersonal skills. and Relationships Responsibility · Responsible for work performed within a well-defined work environment, and with clearly defined objectives and a limited level of discretion. Accountability · Capable of prioritising work within established routines, methods, and procedures. Leadership · Works under direct or routine supervision and may work either individually or as part of a team. · Able to orient colleagues to known business systems and processes. · Responsible for self-leadership of work tasks. Overview In addition to Grade 1 · Regarded as a general administrative position that undertakes a range of clerical functions within established routines, methods, and procedures. · Capable of prioritising work within established policies, guidelines, and procedures. Qualifications . The position requires more than two (2) years' relevant experience, and/or and Experience qualifications in a relevant field, equivalent to Certificate IV level in accordance with the Australian Qualifications Framework. . The position requires a solid working knowledge of a variety of Information and Communication Technology (ICT) based applications and systems. Communication · Possesses clear communication and interpersonal skills. an Relationships · Establishes and maintains professional working relationships internally and externally. Murray PHN Enterprise Agreement 2022 Page | 53

Grade 1

Grade 2

Responsibility • Responsible for work performed with a medium level of accountability or
and discretion.
Accountability • Applies discretion and judgment to work within the provided guidelines.

• Capable of collating information from various sources and producing clear
and concise routine information and correspondence (may be in reports
and/or databases) which is then used by others.

• Readily able to resolve problems by applying the basic principles from
established procedures and practices.

Leadership • Works under limited supervision, either individually or as part of a team.

• Able to orient colleagues to known business systems and processes.

• Responsible for self-leadership of work tasks.

Grade 3

Overview In addition to Grade 2

• Regarded as a high level/ specialist administrative employee who can
coordinate work either within and /or across business streams.

• The scheduling, organising, planning and management of information,
activities/ workflow actions, are tasks typically undertaken at this level.

Qualifications • The position requires more than two (2) years' relevant experience, and/ or
and Experience qualifications equivalent to a Diploma in a relevant field and in accordance

with the Australian Qualifications Framework.

Communication • Possesses well developed communication and interpersonal skills.
and • Understands stakeholder perspectives and holds knowledge about the
Relationships Organisation to connect and add value to internal and external stakeholder

relationships.

• Regularly communicates with external stakeholders as part of required work
activities.

Responsibility • Responsible for work performed with a substantial level of accountability .
&and • Able to work semi autonomously, prioritising own work to meet operational
Accountability requirements.

• Contributes to the development/ modification of procedures, guidelines and
forms.

• Readily able to resolve problems through undertaking minor investigation,
interpreting and applying established procedures, precedents, and
guidelines to initiate resolutions.

• Implements approved plans, communicates objectives, monitors, and
reports on the deliverables progress.

Leadership • Works either in a team or individually.

• Responsible for se lf-leadership of work tasks.

Murray PHN Enterprise Agreement 2022 Page 154

Responsibility · Responsible for work performed with a medium level of accountability or and discretion. Accountability · Applies discretion and judgment to work within the provided guidelines. · Capable of collating information from various sources and producing clear and concise routine information and correspondence (may be in reports and/or databases) which is then used by others. · Readily able to resolve problems by applying the basic principles from established procedures and practices. Leadership · Works under limited supervision, either individually or as part of a team. · Able to orient colleagues to known business systems and processes. · Responsible for self-leadership of work tasks. Overview In addition to Grade 2 · Regarded as a high level/ specialist administrative employee who can coordinate work either within and /or across business streams. · The scheduling, organising, planning and management of information, activities/ workflow actions, are tasks typically undertaken at this level. Qualifications . The position requires more than two (2) years' relevant experience, and/ or and Experience qualifications equivalent to a Diploma in a relevant field and in accordance with the Australian Qualifications Framework. Communication · Possesses well developed communication and interpersonal skills. and Relationships · Understands stakeholder perspectives and holds knowledge about the Organisation to connect and add value to internal and external stakeholder relationships. · Regularly communicates with external stakeholders as part of required work activities. Responsibility · Responsible for work performed with a substantial level of accountability. &and Accountability · Able to work semi autonomously, prioritising own work to meet operational requirements. · Contributes to the development/ modification of procedures, guidelines and forms · Readily able to resolve problems through undertaking minor investigation, interpreting and applying established procedures, precedents, and guidelines to initiate resolutions. · Implements approved plans, communicates objectives, monitors, and reports on the deliverables progress. Leadership · Works either in a team or individually. · Responsible for self-leadership of work tasks. Murray PHN Enterprise Agreement 2022 Page | 54

Grade 3

Grade 4

Overview

Qualifications
and Experience

Communication
and
Relationships

Responsibility
and
Accountability

Leadership

• Able to orient colleagues to known business systems and processes.

• Capable of supporting task-based learning and development of Employees
at Grades 1 and 2 within the Organisation.

In addition to Grade 3

• The position provides coordination and delivery of work tasks within
Activities; Programs, and /or services either within and /or across Business
streams.

• The position requires more than two (2) years' relevant experience, and/or
qualifications equivalent to a Degree in a relevant field, and in accordance
with the Australian Qualifications Framework.

• Regularly communicates with critical stakeholders maintaining effective and
productive relationships.

• Consults with stakeholders and uses the knowledge for mutual benefit to
make decisions, problem solve and plan service delivery approaches that
align with the Activity/Projects operational objectives.

• Gathers information from others for planning and research purposes and
can negotiate productive results, internally and externally.

• Responsible for work performed with a substantial level of accountability
and assumes responsibility for task outcomes.

• Uses a high level of autonomy to prioritise their work within established
policies, guidelines, and procedures.

• Shares accountability for planning, coordination and evaluation of Activities
/Programs/ Projects and/or deliverables.

• Capable of modifying/enhancing and/ or refining services, processes,
procedures and/or guidelines within the Policy boundaries.

• Recommend and implement changes and adaptations that improve process
efficiencies and effectiveness that result in improved quality outcomes.

• Able to analyse information and plan approaches to resolve technical
problems to meet objectives.

• Capable of applying theoretical concepts , technical knowledge and/or
creative skills to a range of situations.

• Works either in a team or individually.

• Responsible for self-leadership of work tasks.

• Provides leadership to others to effect completion of work tasks that may
involve other Employees across the business.

Murray PHN Enterprise Agreement 2022 Page j 55

· Able to orient colleagues to known business systems and processes. · Capable of supporting task-based learning and development of Employees at Grades 1 and 2 within the Organisation. Overview In addition to Grade 3 · The position provides coordination and delivery of work tasks within Activities; Programs, and /or services either within and /or across Business streams. Qualifications . The position requires more than two (2) years' relevant experience, and/or and Experience qualifications equivalent to a Degree in a relevant field, and in accordance with the Australian Qualifications Framework. Communication · Regularly communicates with critical stakeholders maintaining effective and and productive relationships. Relationships · Consults with stakeholders and uses the knowledge for mutual benefit to make decisions, problem solve and plan service delivery approaches that align with the Activity/Projects operational objectives. · Gathers information from others for planning and research purposes and can negotiate productive results, internally and externally. Responsibility · Responsible for work performed with a substantial level of accountability and and assumes responsibility for task outcomes. Accountability · Uses a high level of autonomy to prioritise their work within established policies, guidelines, and procedures. · Shares accountability for planning, coordination and evaluation of Activities /Programs/ Projects and/or deliverables. · Capable of modifying/enhancing and/ or refining services, processes, procedures and/or guidelines within the Policy boundaries. · Recommend and implement changes and adaptations that improve process efficiencies and effectiveness that result in improved quality outcomes. · Able to analyse information and plan approaches to resolve technical problems to meet objectives. · Capable of applying theoretical concepts, technical knowledge and/or creative skills to a range of situations. Leadership · Works either in a team or individually. · Responsible for self-leadership of work tasks. · Provides leadership to others to effect completion of work tasks that may involve other Employees across the business. Murray PHN Enterprise Agreement 2022 Page | 55

Grade 4

Grade 5

Overview In addition to Grade 4:

• The incumbent is regarded as having a professional position with a high
degree of autonomy and accountability in delivering multi-faceted and/or
complex Programs/ Activities / Projects.

• Accountability for operational delivery and management of Programs/
Activities and/ or being responsible for the health and management of direct
relationships with Stakeholders are typical duties of this level.

Qualifications • The position requires application of a professional and/or specialist body of
and Experience knowledge with sufficient experience to independently apply the knowledge

within the field of responsibility.

• Positions at this level will have approximately five (5) years' relevant
experience and/or hold a Degree or equivalent qualifications in a relevant
field, in accordance with the Australian Qualifications Framework.

Communication • Identifies critical stakeholders in line with the Organisation's strategic plan.
and Builds, fosters, and maintains mutually beneficial relationships with internal
Relationships and external stakeholders to achieve work deliverables.

• Provides sound advice and recommendations to influence decisions at
higher levels of the organisation by drawing upon specialist knowledge and
expertise.

Responsibility • Responsible for work performed with a substantial level of accountability
and and responsibility.
Accountability • Has shared accountability for the development and delivery of an Activity/

Program/Project by identifying service standard , timelines , priorities ,
objectives and fit for purpose operational procedures,

• Is capable of functioning autonomously, prioritising the work within
established procedures policies, guidelines , and policies.

• Displays a high level of independence using initiative, discretion, and
judgement to inform the work and work outcomes.

• Makes operational decisions within delegated limits including workload
allocation within the Programs, Activities or projects.

• Analyses and interprets Organisational and project specific strategies and
understanding trends that may affect the way in which work is organised.

• Problem resolution occurs within existing Organisational or professional
knowledge and experience .

• Provides reports within the field of knowledge and/or area of practice
including , but not limited to , reporting on the Program and/or Activity's -
progress, operational performance, and financial performance to budget.

• Holds fiscal responsibilities related to Operational Instrument of Delegation

• Contributes to the development, recommendation and implementation of
goals and objectives. Recommends solutions or alternative courses of
actions and is concerned with the development of more efficient work
practices.

Murray PHN Enterprise Agreement 2022 Page 156

Overview In addition to Grade 4: · The incumbent is regarded as having a professional position with a high degree of autonomy and accountability in delivering multi-faceted and/or complex Programs/ Activities / Projects. · Accountability for operational delivery and management of Programs/ Activities and/ or being responsible for the health and management of direct relationships with Stakeholders are typical duties of this level. Qualifications · The position requires application of a professional and/or specialist body of and Experience knowledge with sufficient experience to independently apply the knowledge within the field of responsibility. · Positions at this level will have approximately five (5) years' relevant experience and/or hold a Degree or equivalent qualifications in a relevant field, in accordance with the Australian Qualifications Framework. Communication · Identifies critical stakeholders in line with the Organisation's strategic plan. and Builds, fosters, and maintains mutually beneficial relationships with internal Relationships and external stakeholders to achieve work deliverables. · Provides sound advice and recommendations to influence decisions at higher levels of the organisation by drawing upon specialist knowledge and expertise. Responsibility · Responsible for work performed with a substantial level of accountability and and responsibility. Accountability · Has shared accountability for the development and delivery of an Activity/ Program/Project by identifying service standard, timelines, priorities, objectives and fit for purpose operational procedures, · Is capable of functioning autonomously, prioritising the work within established procedures policies, guidelines, and policies. · Displays a high level of independence using initiative, discretion, and judgement to inform the work and work outcomes. · Makes operational decisions within delegated limits including workload allocation within the Programs, Activities or projects. · Analyses and interprets Organisational and project specific strategies and understanding trends that may affect the way in which work is organised. · Problem resolution occurs within existing Organisational or professional knowledge and experience. · Provides reports within the field of knowledge and/or area of practice including, but not limited to, reporting on the Program and/or Activity's - progress, operational performance, and financial performance to budget. · Holds fiscal responsibilities related to Operational Instrument of Delegation · Contributes to the development, recommendation and implementation of goals and objectives. Recommends solutions or alternative courses of actions and is concerned with the development of more efficient work practices. Murray PHN Enterprise Agreement 2022 Page | 56

Grade 5

Leadership

Grade 6

Overview

Qualifications
and Experience

Communication
and
Relationships

Responsibility
and
Accountability

• Responsible for leading small teams and/or projects within a field of
responsibility.

• Responsible and accountable for the allocation, quality, and quantity of
output of self and others.

• Effectively leads the implementation of Organisational and/or field of
practice change objectives, across the position's field of responsibility,
having regard to, system and workflow arrangements and effective
communication practices to effect the change.

In addition to Grade 5:

• Positions at this level develop and deliver Policies /Programs/Activities and
initiatives, and compile reports and correspondence that impact on
significant deliverables.

• The Position requires specialised organisational, and/or industry, and/or
professional body of knowledge, that is applied within the positions field of
responsibility.

• Broad parameters of the job are well known but are often diverse and
require judgement in selecting the appropriate action.

• The position requires application of a professional and/or specialist body of
knowledge with sufficient experience to enable the position to
independently: -
. evaluate, contribute, and advise on a range of features; and
. determine objectives, plans, provide technical advice and make informed

decisions within the relevant field/s of expertise and responsibility.

• Positions at this level will have more than (five) 5 years' relevant experience
and holds a Degree or equivalent qualifications in a relevant field and in
accordance with the Australian Qualifications Framework.

• Identify, foster and build strategic relationships required for achieving
partnerships and co-designed outcomes.

• Considerable persuasive skills are required for successful adoption of
operational workplans and to gain cooperation of team members across the
Organisation.

• Responsible and accountable for own work; and may have delegated
responsibility for the work of direct and indirect reports.

• Has full accountability for the preparation, development and delivery and
performance standard of Activity / Program and or Project.

• Specialist jobs provide authoritative advice to peers and more senior
positions within the Organisation. As such all positions are predominantly
responsible for the action undertaken.

• Applying detailed knowledge of the Organisation 's objectives , strategies,
performance indicators and industry trends for the purposes of managing
the scoping, implementation, and delivery of Activities /program and/or
projects.

Murray PHN Enterprise Agreement 2022 Page 157

Leadership · Responsible for leading small teams and/or projects within a field of responsibility. · Responsible and accountable for the allocation, quality, and quantity of output of self and others · Effectively leads the implementation of Organisational and/or field of practice change objectives, across the position's field of responsibility, having regard to, system and workflow arrangements and effective communication practices to effect the change. Overview | In addition to Grade · Positions at this level develop and deliver Policies /Programs/Activities and initiatives, and compile reports and correspondence that impact on significant deliverables. . The Position requires specialised organisational, and/or industry, and/or professional body of knowledge, that is applied within the positions field of responsibility. · Broad parameters of the job are well known but are often diverse and require judgement in selecting the appropriate action. Qualifications · The position requires application of a professional and/or specialist body of and Experience knowledge with sufficient experience to enable the position to independently: . evaluate, contribute, and advise on a range of features; and determine objectives, plans, provide technical advice and make informed decisions within the relevant field/s of expertise and responsibility. · Positions at this level will have more than (five) 5 years' relevant experience and holds a Degree or equivalent qualifications in a relevant field and in accordance with the Australian Qualifications Framework. Communication · Identify, foster and build strategic relationships required for achieving and partnerships and co-designed outcomes. Relationships · Considerable persuasive skills are required for successful adoption of operational workplans and to gain cooperation of team members across the Organisation. Responsibility · Responsible and accountable for own work; and may have delegated an responsibility for the work of direct and indirect reports. Accountability · Has full accountability for the preparation, development and delivery and performance standard of Activity / Program and or Project. · Specialist jobs provide authoritative advice to peers and more senior positions within the Organisation. As such all positions are predominantly responsible for the action undertaken · Applying detailed knowledge of the Organisation's objectives, strategies, performance indicators and industry trends for the purposes of managing the scoping, implementation, and delivery of Activities /program and/or projects. Murray PHN Enterprise Agreement 2022 Page | 57

Grade 6

Leadership

Grade 7

Overview

• The level of work requires, identification, development and detailed analysis
of alternative actions and their implications, addressing difficulties/problems
in the work environment and recommending action plans and approaches.

• Problem resolution is a frequent requirement. In most work situations this
means considering many influences with solutions guided by precedent and
practice, and application of a professional body of knowledge.

• Provides reports and detailed correspondence within the field of knowledge
and/or area of practice including but not limited to: -

• operational and fiscal performance of Program/ Activities/ Project.

• any other significant operational, financial or people management
requirement.

• Accountable for the financial performance of Activity Work Plans Programs,
Activities and/or Business streams. Fiscal responsibilities are defined by
Operational Instrument of Delegation.

• Develop/modify Organisation wide policies and/or manage specialised
projects requiring considerable interpretation and understanding of the
Organisation and the particular subject matter.

• Expected to provide input as a regular feature of the Organisations strategy
and articulate those strategies in business plans and policies.

• Responsible for leadership of direct reports and/or teams within field of
responsibility.

• Providing all facets of leadership to own teams including but not limited to:

• workload management;

• resolving operational problems;

• resolving conflict and grievances;

• monitoring the quality of work produced by others;

• employee performance and employee life cycle activities;

• application of code of conduct and ethics and work health and safety
principals.

• Application of leadership knowledge and skills to achieve results and
outcomes, through the efforts of others by motivating employees towards
the achievement of shared objectives and the Organisation's strategic
directions.

• Effectively leads the implementation of Organisational and /or field of
practice change objectives, across the position's field of responsibility,
including, but not limited to, adaptation of system and workflow
arrangements, and alignment of people capabilities with change
management initiatives.

In addition to Grade 6:

• The position will commonly have Organisational wide accountabilities,
and/or has the requirement for professional specialist knowledge.

• The position requires comprehensive knowledge of the Organisation's
operational deliverables and strategic direction.

• Positions are accountable for an area or function which carries a si nificant,

Murray PHN Enterprise Agreement 2022 Page 158

· The level of work requires, identification, development and detailed analysis of alternative actions and their implications, addressing difficulties/problems in the work environment and recommending action plans and approaches. · Problem resolution is a frequent requirement. In most work situations this means considering many influences with solutions guided by precedent and practice, and application of a professional body of knowledge. · Provides reports and detailed correspondence within the field of knowledge and/or area of practice including but not limited to: - . operational and fiscal performance of Program/ Activities/ Project. . any other significant operational, financial or people management requirement · Accountable for the financial performance of Activity Work Plans Programs, Activities and/or Business streams. Fiscal responsibilities are defined by Operational Instrument of Delegation. . Develop/modify Organisation wide policies and/or manage specialised projects requiring considerable interpretation and understanding of the Organisation and the particular subject matter. · Expected to provide input as a regular feature of the Organisations strategy and articulate those strategies in business plans and policies. Leadership · Responsible for leadership of direct reports and/or teams within field of responsibility. · Providing all facets of leadership to own teams including but not limited to: workload management; resolving operational problems; resolving conflict and grievances; monitoring the quality of work produced by others; employee performance and employee life cycle activities; application of code of conduct and ethics and work health and safety principals. · Application of leadership knowledge and skills to achieve results and outcomes, through the efforts of others by motivating employees towards the achievement of shared objectives and the Organisation's strategic directions. · Effectively leads the implementation of Organisational and /or field of - practice change objectives, across the position's field of responsibility, including, but not limited to, adaptation of system and workflow arrangements, and alignment of people capabilities with change management initiatives. Overview · The position will commonly have Organisational wide accountabilities, and/or has the requirement for professional specialist knowledge. . The position requires comprehensive knowledge of the Organisation's operational deliverables and strategic direction. · Positions are accountable for an area or function which carries a significant, Murray PHN Enterprise Agreement 2022 Page | 58

Grade 7 A

Qualifications
and Experience

Communication
and
Relationships

Responsibility
and
Accountability

legal, regulatory, political, or reputational risk which is managed by the
position on behalf of the Organisation.

• The work at this level requires application of a professional body of
knowledge, usually gained through extensive experience in the field
spanning many years in a similar role and accompanied by relevant post
graduate qualifications.

• Specialist professional positions would typically require a minimum of 7-10
years' relevant experience in this field.

• The position manages the agreed shared actions/plans with critical
stakeholders and partners, to achieve mutually beneficial outcomes in line
with the Organisation 's strategic plans.

• Persuasive ability to gain the commitment of peers, team members and
external stakeholders in the identification of action plans and managing
progress where there are competing activities.

• Accountable for the health of relationships with a significant stakeholder
group or geographic area .

• Has full accountability for the preparation, development and delivery and
performance standard of Activity Work Plans, Activity / Program and/ or
Project.

• Although work requirements apply familiar professional techniques and or
methods, Employees are required to :-

• Exercise judgement and make decisions in areas where precedents, or
policies are not clearly defined.

• Set the priorities, direction, and accomplishment of the work
requirements within field of responsibility and authority.

• Able to investigate, interpret or evaluate information where legislation,
regulations, instructions or procedural guidelines do not give adequate or
specific answers.

• Work outcomes are a result of detailed analysis of the major alternatives,
including cost impact and implications for implementation prior to the
presentation of well thought through plans and proposals.

• Problem resolution is a frequent requirement with diverse influencing
factors . Resolution requires detailed analysis, interpretation and evaluation
of relevant data, application of a professional body of knowledge and
advancing new approaches.

• Provision of reports and detailed correspondence for internal and external
parties, including but not limited to: -

• operational and fiscal performance of Activity Work Plans, Activities
and/or business streams.

• organisational wide plans and strategic objectives; and

• any other significant operational , financial and/or people management
reporting / correspondence requirements.

• Accountable for the financial performance of Activity Work Plans Programs,
Activities and/or Business streams. Fiscal responsibilities are defined by
Operational Instrument of Delegation.

• Formulate new policies and practices that affect the fundamental body of
knowledge on which the Organisation depends.

Murray PHN Enterprise Agreement 2022 Page I 59

legal, regulatory, political, or reputational risk which is managed by the position on behalf of the Organisation. Qualifications . The work at this level requires application of a professional body of and Experience knowledge, usually gained through extensive experience in the field spanning many years in a similar role and accompanied by relevant post graduate qualifications. · Specialist professional positions would typically require a minimum of 7-10 years' relevant experience in this field. Communication . The position manages the agreed shared actions/plans with critical and stakeholders and partners, to achieve mutually beneficial outcomes in line Relationships with the Organisation's strategic plans. · Persuasive ability to gain the commitment of peers, team members and external stakeholders in the identification of action plans and managing progress where there are competing activities. Responsibility · Accountable for the health of relationships with a significant stakeholder and group or geographic area. Accountability · Has full accountability for the preparation, development and delivery and performance standard of Activity Work Plans, Activity / Program and/ or Project. · Although work requirements apply familiar professional techniques and or methods, Employees are required to :- . Exercise judgement and make decisions in areas where precedents, or policies are not clearly defined. Set the priorities, direction, and accomplishment of the work requirements within field of responsibility and authority. · Able to investigate, interpret or evaluate information where legislation, regulations, instructions or procedural guidelines do not give adequate or specific answers. · Work outcomes are a result of detailed analysis of the major alternatives, including cost impact and implications for implementation prior to the presentation of well thought through plans and proposals. · Problem resolution is a frequent requirement with diverse influencing factors. Resolution requires detailed analysis, interpretation and evaluation of relevant data, application of a professional body of knowledge and advancing new approaches. · Provision of reports and detailed correspondence for internal and external parties, including but not limited to: - operational and fiscal performance of Activity Work Plans, Activities . and/or business streams. organisational wide plans and strategic objectives; and any other significant operational, financial and/or people management reporting / correspondence requirements. · Accountable for the financial performance of Activity Work Plans Programs, Activities and/or Business streams. Fiscal responsibilities are defined by Operational Instrument of Delegation. · Formulate new policies and practices that affect the fundamental body of knowledge on which the Organisation depends. Murray PHN Enterprise Agreement 2022 Page | 59

Leadership

• Provide recommendations on a consistent basis that influence the overall
direction and/or strategic direction of the organisation and or key
operational issues.

• Responsible for leadership of multiple teams, either within own field of
practice or across business streams.

• Providing all facets of leadership to own teams including but not limited to : -

• workload management;

• resolving operational problems;

• resolving conflict and grievances;

• monitoring the quality of work produced by others;

• employee performance and employee life cycle activities;

• application of code of conduct and ethics and work health and safety
principals.

• Initiates and effectively leads the implementation of sustainable change
objectives within the position's field of responsibility and/or across the
Organisation , including , but not limited to, adaptation of system and
workflow arrangements, and alignment of people capabilities with change
management initiatives.

Murray PHN Enterprise Agreement 2022 Page 160

. Provide recommendations on a consistent basis that influence the overall direction and/or strategic direction of the organisation and or key operational issues. Leadership · Responsible for leadership of multiple teams, either within own field of practice or across business streams. · Providing all facets of leadership to own teams including but not limited to: - workload management; resolving operational problems; resolving conflict and grievances; monitoring the quality of work produced by others; employee performance and employee life cycle activities; application of code of conduct and ethics and work health and safety principals. · Application of leadership knowledge and skills to achieve results and outcomes, through the efforts of others by motivating employees towards the achievement of shared objectives and the Organisation's strategic directions. · Initiates and effectively leads the implementation of sustainable change objectives within the position's field of responsibility and/or across the Organisation, including, but not limited to, adaptation of system and workflow arrangements, and alignment of people capabilities with change management initiatives. Murray PHN Enterprise Agreement 2022 Page | 60

SIGNATORIES

46 Signatories

SIGNED for and on behalf of Murray PHN Limited, its authorised officer:

Signed

Date

Name in full Matthew Jones

Position Chief Executive Officer

Address (work) 3-5 View Point Bendigo VIC 3550

Witness: (name in full)

Witness Signature and date

SIGNED for and on behalf of the Employees of Murray PHN Limited, by its Employee
Representatives

Signed

Date

Name in full Simone Lukacs

Position

Address (work) 3-5 View Point Bendigo VIC 3550

Witness: (name in full)

Witness Signature and date

Signed

Date

Name in full

Position

Address

Witness: (name in full)

Witness Signature and date

Murray PHN Enterprise Agreement 2022 Page\ 61

SIGNATORIES 46 Signatories SIGNED for and on behalf of Murray PHN Limited, its authorised officer: Signed Date 6 March 2023 Name in full Matthew Jones Position Chief Executive Officer Address (work) 3-5 View Point Bendigo VIC 3550 Witness: (name in full) ROSLYN LEANNE BESTER Witness Signature and date 6 March 2013 SIGNED for and on behalf of the Employees of Murray PHN Limited, by its Employee Representatives Signed Date 28 Fev 23 Name in full Simone Lukacs Position Communications Multimedia Specialist; / Employee Bargaining Representative Address (work) 3-5 View Point Bendigo VIC 3550 Witness: (name in full) AMITY BRADFORD Witness Signature and date 28/02/23 Signed Date Name in full Position Address Witness: (name in full) Witness Signature and date Murray PHN Enterprise Agreement 2022 Page | 61

Signed

Date

Name in full

Position

Address

Witness: (name in full)

Witness Signature and date

Signed

Date

Name in full

Position

Address

Witness: (name in full)

Witness Signature and date

Signed

Date

Name in full

Position

Address

Witness: (name in full)

Witness Signature and date

Signed

Date

Name in full

Position

Address

Witness: (name in full)

Witness Signature and date

Murray PHN Enterprise Agreement 2022 Page I 62

Signed Date Name in full Position Address Witness: (name in full) Witness Signature and date Signed Date Name in full Position Address Witness: (name in full) Witness Signature and date Signed Date Name in full Position Address Witness: (name in full) Witness Signature and date Signed Date Name in full Position Address Witness: (name in full) Witness Signature and date Murray PHN Enterprise Agreement 2022 Page | 62

Page 1 of 1

THE FAIR WORK COMMISSION
Attention: Deputy President Dean

To Deputy President Dean

FWC Matter No AG2023/522
Application for approval of the Murray PHN Enterprise Agreement 2022

Applicant: Murray PHN Limited

Section 185 – Application for approval of a single enterprise agreement

Undertaking – Section 190
I, Beverley Sutherland, Director and People and Culture have the authority given to me by Murray PHN
to give the following undertakings with respect to the Murray PHN Enterprise Agreement 2022 ("the
Agreement"):

1. Clause 30.9.3 will be applied consistent with ss324-326 of the Act and no deduction will be made

from an employee’s accrued NES entitlements.

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

Signature ___________________________

Date 10 March 2023

An Australian Government Initiative

Ill Leadership ... Collaboration ~ Respect f Innovation ✓ Accountability

phn MURRAY An Australian Government Initiative

Leadership

Respect

Innovation

Collaboration

Accountability

Murray PHN Enterprise Agreement 2022

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