1
Fair Work Act 2009
s.185—Enterprise agreement
The State of Victoria (Acting through its Servant who, for the purposes of
this Agreement, is the relevant public service body head in the agency in
which the employee is employed)
(AG2024/2648)
VICTORIAN PUBLIC SERVICE ENTERPRISE AGREEMENT 2024
State and Territory government administration
DEPUTY PRESIDENT O’NEILL MELBOURNE, 12 AUGUST 2024
Application for approval of the Victorian Public Service Enterprise Agreement 2024
[1] An application has been made for approval of an enterprise agreement known as the
Victorian Public Service Enterprise Agreement 2024 (the Agreement). The application was
made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the State of
Victoria (acting through its servant who, for the purposes of this Agreement, is the relevant
public service body head in the agency in which the employee is employed). The Agreement is
a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this
application for approval have been met.
[3] Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the
Victorian Public Service Award 2016 is taken to be a term of the Agreement.
[4] The Australian Nursing and Midwifery Federation (ANMF), the Community and Public
Sector Union (CPSU) and the Association of Professional Engineers, Scientists and Managers,
Australia (APESMA) being the bargaining representatives for the Agreement, have given
notice under s.183 of the Act that they want the Agreement to cover them. In accordance with
s.201(2) I note that the Agreement covers the organisations. The ANMF and CPSU support
approval of the Agreement. The CPSU is of the view that the Agreement passes the better off
overall test.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
19 August 2024. The nominal expiry date of the Agreement is 9 April 2028.
[2024] FWCA 2944
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
[2024] FWCA 2944
2
Variation
[6] A Form F1 was simultaneously lodged with the Agreement, which sought to vary
provisions of the Agreement pursuant to sections 217 and 218A of the Act (the Form).
[7] The Form highlighted errors within the Agreement that had been identified by the
Applicant in a tracked changes version of the Agreement, attached as Attachment B(F1) to the
Form. The amendments are also set out in Q2.2 of the Form and summarised in Attachment
A(F1).
[8] On 29 July 2024, my chambers wrote to the bargaining representatives to seek their
views on the amendments sought. No response was received from any bargaining
representatives.
[9] I am satisfied that s.217 and s.218A applies to the variations at paragraph 7 of this
Decision.
Section 217
[10] Section 217 of the Act provides that the Commission ‘may vary an enterprise agreement
to remove an ambiguity or uncertainty’ on application. The employer (as defined) is a person
entitled to make such an application. The principles applicable to an application under s.217
were considered by the Full Court of the Federal Court in Bianco Walling Pty Ltd v
Construction, Forestry, Maritime, Mining and Energy Union1 (Bianco).
[11] It is not necessary to set out those principles in detail. It is sufficient to note that the
existence of a relevant ambiguity or uncertainty is a jurisdictional fact required as a precondition
to the exercise of the power.2 The terms “ambiguity” and “uncertainty” are not synonymous,
although there is some relationship between their meaning.3
“… There may, for example, be uncertainty in an
enterprise agreement even when its terms are not ambiguous. The uncertainty may arise
from the application of the unambiguous terms to a given set of circumstances. The
distinction between patent ambiguity (linguistic ambiguity) and latent ambiguity
(ambiguity in application) provides an illustration by analogy…”4
[12] It is not necessary to interpret or construe an enterprise agreement for the purpose of
s.217. “A provision may be ambiguous even though it is capable of interpretation”.5 The
ambiguity may be apparent on the face of the document or may become apparent only when
1 Bianco Walling Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union (2020) 275 FCR 385; [2020]
FCAFC 50
2 Bianco, [49].
3 Bianco, [67].
4 Bianco, [75].
5 Bianco, [67].
[2024] FWCA 2944
3
extrinsic evidence is adduced.6 Any established ‘common intention’ of parties concerning the
impugned provision can be considered.7
[13] As s.217 makes clear, if the jurisdictional requirements are met, the Commission “may”
(not must) vary the agreement. Whether to exercise its discretion to vary the agreement will
necessarily depend upon the circumstances of the matter.
[14] In the Form, the Applicant seeks to vary clauses 31.4(a)(ii) and 49.4(a)(i) pursuant to
s.217 of the Act. The Applicant submits clauses 31.4(a)(ii) and 49.4(a)(i), which address
eligibility requirements for progression or top of grade or value range payment and leave
entitlements for employees in receipt of workers compensation payments respectively, are
required to be amended to remove ambiguity and to clarify clauses to reflect the intent of the
parties during bargaining. The Applicant submits that the proposed amendments and
corrections are supported by the CPSU.
[15] In the circumstances, I am satisfied that the proposed variations address ambiguity and
uncertainty within the Agreement. The variations have the support of the CPSU. No employee
bargaining representatives have indicated opposition and there are not matters of which I am
aware which would weigh against the exercise of my discretion to vary the Agreement in the
manner proposed. The Agreement will be amended as per the Order at the end of this Decision.
Section 218A
[16] Section 218A, which came into effect on 7 December 2022 as part of the reforms
contained within the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022,
provides for the variation of enterprise agreements to correct or amend an obvious error, defect
or irregularity:
“(1) The FWC may vary an enterprise agreement to correct or amend an obvious error,
defect or irregularity (whether in substance or form).
(2) The FWC may vary an enterprise agreement under subsection (1);
(a) on its own initiative; or
(b) on application by any of the following:
(i) one or more of the employers covered by the agreement;
(ii) an employee covered by the agreement;
(iii) an employee organisation covered by the agreement.
(3) If the FWC varies an enterprise agreement under subsection (1), the variation
operates from the day specified in the decision to vary the agreement.”
6 Bianco, [67].
7 Bianco, [68].
[2024] FWCA 2944
4
[17] As has been noted in recent decisions of the Commission,8 s.218A of the Act is akin to
the slip rule found in s.602 of the Act, which allows the Commission to correct or amend an
obvious error, defect or irregularity (whether in substance or form) in relation to a decision of
the Commission. The evident purpose of s.218A is to remove complexity associated with
varying enterprise agreements containing obvious errors, defects or irregularities by simplifying
the process by which corrections may be made.
[18] Before an amendment under s.218A can be made, there first must be satisfaction of the
existence of an obvious error, defect or irregularity (whether in substance or form). Upon the
finding of such an error, defect or irregularity, the Commission may, not must, vary the
enterprise agreement. The power to vary should only be exercised to the extent necessary to
remove the error, defect or irregularity.
[19] The Applicant submits that the amendments at clauses 29.7(b)(i), 31.8(d), Schedule G,
Clause 1 and Appendix 4, Part 3 Clause 20.7, seek to address typographical errors and drafting
errors resulting from replicating irrelevant text. The Applicant submits that the proposed
amendments and corrections are supported by the CPSU.
[20] I am satisfied that the typographical and drafting errors referred to above are obvious
errors. I am satisfied the amendments should be made, and that it is appropriate to do so by
varying the Agreement pursuant to s.218A of the Act. The variations have the support of the
CPSU. No employee bargaining representatives have indicated opposition to the variations
proposed. In the present case, the errors are readily identified, as are the corrections needed to
make the Agreement accurately reflect what was clearly intended. There are no reasons not to
exercise my discretion and good reasons to do so. The errors identified above, will be amended
as per the order below.
Order
[21] I order, pursuant to s.217 and s.218A of the Act, that the Agreement be varied as set out
below
Clause
Number
Clause Title Proposed correction
29.7(b)(i) Classification and
salary on appointment
Amend Sherriff’s Officers to Sheriff’s Officers
31.4 Eligibility
requirements for
Progression or a Top
of Grade or Value
Range Payment
Amend 31.4(a)(ii), to insert clause reference to the
qualifications on the operation of this term as
follows:
“subject to the operation of clause 31.4(c)(ii) and
31.4(c)(iii) has been employed at their current
substantive classification and progression point for
12 months at the end of the Performance Cycle
8 See for example [2023] FWCA 844 per Gostencnik DP, and [2023] FWC 115 per Asbury DP (as Vice President Asbury
then was).
[2024] FWCA 2944
5
Clause
Number
Clause Title Proposed correction
31.8(d) Operation of
Progression Steps or
Top of Grade of
Value Range Payment
where progression is
achieved
Delete struck-through text:
“Top of Grade or Value Range payments will be
paid as a lump sum processed by the Employer at
the same time as other progression outcomes
resulting for the Performance Cycle following the
Employee’s return to work.”
49.4(a)(i) Leave Entitlements
for Employees in
receipt of workers
compensation
payments
Amend “take and accrue annual and personal
leave, and”
to
“take and accrue annual and personal / carer’s
leave, and”
Sch G Clause 1 VPS Aligned
Adaptive
Classification
Structures
Amend Sherriff’s Officers to Sheriff’s Officers
Appendix 4,
Part 3, Clause
20.7
[Table 91]
Child Protection
Practitioner Structure
– Children, Youth and
Families (CYF)
Stream
Amend Table 91 Heading
“…CYF Grade 3 to CYF Grade 42”
to
“…CYF Grade 3 to CYF Grade 4”
[22] The variations pursuant to s.217 and s.218A above will operate from 19 August 2024.
[23] The Applicant has simultaneously submitted a copy of the Agreement with the
variations listed above. The Agreement, as varied, will be published with this Decision.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE525755 PR778190
NORK COMMISSION THE SEAI
OFFICIAL
Victorian Public Service
Enterprise Agreement 2024
Note- the model. delegates.' rights. term is taken to be a term of this. agreeme111i: and can be
found at the end of the agreerne11t.
Note - the model delegates' rights term is taken to be a term of this agreement and can be found at the end of the agreement.
Victorian Public Service Enterprise Agreement 2024
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OFFICIAL
Table of Contents
Section I – Core Terms and Conditions of Employment ................................................ 15
Part 1 Application and Operation of Agreement .......................................................... 15
Part 2 Flexible Work .......................................................................................................... 22
Part 3 Communication, Consultation and Dispute Resolution .................................. 27
Part 4 Employment Relationship and Related Arrangements .................................. 34
Part 5 Salary and Related Matters .................................................................................. 67
1. Title ........................................................................................................................... 15
2. Definitions and interpretation ............................................................................ 15
3. Commencement Date and Period of Operation ................................................ 17
4. Application of Agreement and Parties Covered ............................................... 18
5. No Further Claims ................................................................................................... 19
6. Relationship with other Awards, Agreements, the Best Practice
Employment Commitment and Savings Provisions ......................................... 19
7. Anti-Discrimination and Workplace Diversity ................................................. 21
8. Flexible Work .......................................................................................................... 22
9. Individual Flexibility Arrangements .................................................................. 23
10. Flexible Working Arrangements - Specific Circumstances ........................... 24
11. Implementation of Change ................................................................................... 27
12. Consultation on Changes to Rosters or Hours of Work .................................. 29
13. Resolution of Disputes ........................................................................................... 30
14. Workload .................................................................................................................. 33
15. Mobility Principles ................................................................................................. 34
16. Mobility Payment ................................................................................................... 35
17. Secure Employment ............................................................................................... 43
18. Use of Fixed Term Employment ........................................................................... 43
19. Use of Casual Employment .................................................................................... 46
20. Employment Categories and Entitlements ........................................................ 47
21. Usual Place or Places ofWork .............................................................................. 50
22. Termination of Employment ................................................................................ 53
23. Costs of Employment Related Legal Proceedings ............................................ 55
24. Working From Home ............................................................................................. 55
25. Redeployment ......................................................................................................... 56
26. Management of Unsatisfactory Work Performance ........................................ 56
27. Management of Misconduct .................................................................................. 61
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Part 6 Hours of Work and Related Matters ................................................................... 90
Part 7 Leave of Absence and Public Holidays ............................................................. 104
28. Application ............................................................................................................... 67
29. Classifications and Salaries - VPS and VPS Aligned Adaptive Structures ... 67
30. Gender Equality ...................................................................................................... 70
31. Performance Development and Progression within a Value Range ............ 73
32. Salary Increases ...................................................................................................... 79
33. Once off lump sum payment ................................................................................. 79
34. Additional once off lump sum payment for Shift Workers ............................ 80
35. Casual Employees - Loading ................................................................................. 80
36. Supported Wage System ........................................................................................ 81
37. Payment of Salaries ................................................................................................ 81
38. Salary Packaging ..................................................................................................... 81
39. Allowances - Work or Conditions ....................................................................... 82
40. Reimbursement of Expenses ................................................................................ 86
41. Superannuation ...................................................................................................... 87
42. Hours of Work ......................................................................................................... 90
43. Shift Work ................................................................................................................ 90
44. Right to Disconnect ................................................................................................ 95
45. Rest and Meal Breaks ............................................................................................. 97
46. Overtime ................................................................................................................... 98
4 7. Christmas Closed own .......................................................................................... 102
48. Childcare ................................................................................................................ 103
49. Leave of Absence - General ................................................................................ 104
50. Annual Leave ......................................................................................................... 105
51. Cashing Out of Annual Leave .............................................................................. 108
52. Purchased Leave ................................................................................................... 109
53. Infectious Diseases ............................................................................................... 110
54. Dangerous Medical Conditions .......................................................................... 110
55. Public Holidays ..................................................................................................... 111
56. Personal/ Carer's Leave ....................................................................................... 112
57. Inherent Requirements ....................................................................................... 118
58. Reproductive Health and Well being Leave ..................................................... 118
59. Family Violence Leave ......................................................................................... 119
60. Military Service Sick Leave ................................................................................. 122
61. Compassionate Leave .......................................................................................... 123
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Part 8 Emergency Management ..................................................................................... 151
Part 9 Occupational Health and Safety ......................................................................... 160
Redeployment ............................................................................................ 167
Supported Wage System .......................................................................... 168
VPS Salaries and Classification and Value Range Descriptors ......... 171
62. Parental Leave ....................................................................................................... 124
63. Surrogacy Leave .................................................................................................... 137
64. Foster and Kinship Care Leave .......................................................................... 139
65. Gender Affirmation Leave ................................................................................... 139
66. Leave to Attend Rehabilitation Program ......................................................... 141
67. Cultural and Ceremonial Leave ......................................................................... 142
68. Leave to participate in the First Peoples' Assembly of Victoria .................. 142
69. Long Service Leave ............................................................................................... 143
70. Defence Reserve Leave ........................................................................................ 14 7
71. Jury Service ............................................................................................................ 147
72. Leave for Blood Product Donations .................................................................. 147
73. Leave to Engage in Voluntary Emergency Management Activities ............. 148
74. Voluntary Community Activities Leave ............................................................ 148
75. Participation in Sporting Events ....................................................................... 149
76. StudyLeave ............................................................................................................ 149
77. Other Leave ............................................................................................................ 150
78. Review of Emergency Management Provisions .............................................. 151
79. VPS Emergency Surge Capacity for State, Regional or Incident Control
Centres .................................................................................................................... 151
80. Accident Make-Up Pay ......................................................................................... 160
81. Occupational Health and Safety and Rehabilitation ...................................... 160
82. Industrial Relations Training ............................................................................ 164
83. Facilities, Equipment and Accommodation - General .................................. 164
84. Agreement Compliance and Union Related Matters ..................................... 164
85. Union encouragement ......................................................................................... 166
86. Right of Entry ......................................................................................................... 166
Schedule A
Schedule B
1. Supported Wage System ...................................................................................... 168
Schedule C
1. VPS Salaries ........................................................................................................... 171
2. VPS Career Structure Classification and Value Range Standard Descriptors
.................................................................................................................................. 173
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Legal Officer Adaptive Structure and Classification and Value Range
Descriptors 193
Allied Health Adaptive Structure and Classification and Value Range
Descriptors 201
Science Adaptive Structure and Grade and Value Range Descriptors
205
Adaptive Structures .................................................................................. 211
Section II – Agency Specific Arrangements .................................................................... 213
Appendix 1 Department of Justice and Community Safety .................................... 214
............................................................................................. 214
................................................................................................. 221
...................................................................................... 232
.............................................................................. 233
....................................................................................................... 233
Schedule D
1. Legal Officer Adaptive Structure ....................................................................... 193
2. Legal Grade and Value Range Descriptors ...................................................... 194
Schedule E
1. Allied Health Adaptive Structure ...................................................................... 201
2. Speech Pathologists, Social Workers, Psychologists/Guidance Officers and
Related Professions (Allied Health) Grade and Value Range Descriptors202
Schedule F
1. Science Adaptive Structure ................................................................................. 205
2. Science Grade and Value Range Descriptors .................................................. 206
Schedule G
1. VPS Aligned Adaptive Classification Structures ............................................. 211
2. Non-VPS Aligned Adaptive Classification Structures .................................... 211
1. Agency Specific Arrangements .......................................................................... 213
Part 1 Corrections Victoria
1. Mental Health and Wellbeing ............................................................................. 214
2. Work or Conditions Allowances ........................................................................ 215
3. Wulgunggo Ngalu Learning Place ...................................................................... 217
4. Custodial Officers - Hours of Work and Rosters ............................................ 219
5. Flexible working arrangements ........................................................................ 220
6. Workplace Consultative Arrangements ........................................................... 221
Part 2 Custodial Officers
7. Custodial Officer Structure - VPS Aligned Adaptive Structure .................... 221
8. Custodial Officer Structure - 80 hour fortnight ............................................. 223
9. Custodial Officer Classification Descriptors ................................................... 225
Part 3 Community Corrections
10. Community Corrections Practitioner (CCP) - VPS Aligned Adaptive
Classification Structure ....................................................................................... 232
Part 4 Office of the Public Advocate
11. Work or Conditions Allowances -After Hours Service ................................. 233
Part 5 Sheriffs Office
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.......................................................... 234
.......................................................................................................... 235
....................... 237
......................................................................... 247
............................................................... 250
. 251
.................. 252
12. Work or Conditions Allowances - Rostered Employees ............................... 233
13. Sheriffs Officer - Fitness for Duty ...................................................................... 234
Part 6 Sheriffs Officer Classification Structure
14. Sheriffs Officer Classification Structure .......................................................... 234
Part 7 Youth Justice
15. Youth Justice Worker Structure ........................................................................ 235
16. Shift Allowances - Saturday and Sundays ....................................................... 235
17. Time Recording ..................................................................................................... 235
18. Overtime (Child and Dependent Care), Sleepover and Court Allowances 235
Part 8 Youth Justice - Non-VPS Aligned Adaptive Classification Structure and
Descriptors - Department of Justice and Community Safety
19. Youth Justice Worker ........................................................................................... 237
20. Youth Justice Custodial Career Structure Classifications and Standard
Descriptors ............................................................................................................ 240
Part 9 Youth Justice Custodial Centres
21. Overtime ................................................................................................................. 24 7
22. Youth Justice practice principles ...................................................................... 247
23. Training and Consultative Mechanisms ........................................................... 248
24. Provision of Protective Clothing - Youth Justice Custodial Centres ........... 248
25. Employee Development ...................................................................................... 249
26. Stand-by/ Recall Allowance - Youth Justice Custodial Centres .................. 249
27. Safety and Emergency Response Team ............................................................ 249
Part 10 Children, Youth and Families Stream
28. Application ............................................................................................................. 250
29. Ten Hour Break ..................................................................................................... 250
30. Overtime and Additional Leave ......................................................................... 251
Part 11 Child Protection Practitioner Structure - Non-VPS Aligned Adaptive
Classification Structure - Department of Justice and Community Safety
31. Application ............................................................................................................. 251
32. Child Protection Practitioner Structure .......................................................... 251
Part 12 Victorian Institute of Forensic Medicine - Forensic Casual Nurse
Examiners and Casual Forensic Nurse (Biological Specimens)
33. Application of Part 12 of this Appendix ........................................................... 252
34. Type of Employment ............................................................................................ 253
35. Fitness for duty ..................................................................................................... 254
36. Hourly rates of pay - Casual Forensic Nurse Examiner Employees ........... 254
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............................................................................ 258
Appendix 2 Department of Education ........................................................................ 261
.......................................... 261
Appendix 3 Environment Protection Authority Victoria ........................................ 263
............................................................................................. 263
.................................................................................................. 266
Appendix 4 Department of Families, Fairness and Housing .................................. 278
................................................................................................................... 278
37. Hourly rates of pay- Casual Forensic Nurse (Biological Specimens)
Employees .............................................................................................................. 254
38. Travel time ............................................................................................................. 255
39. On-call / stand-by ................................................................................................. 255
40. Forensic Report Allowance - Casual Forensic Nurse Examiners ................ 255
41. Forensic Report Allowance - Casual Forensic Nurse (Biological Specimen)
.................................................................................................................................. 256
42. Court Attendance Allowance - Casual Forensic Nurse Examiners ............. 256
43. Court Attendance Allowance - Casual Forensic Nurse (Biological
Specimens) ............................................................................................................. 257
44. Reimbursement of Expenses .............................................................................. 258
Part 13 Liquor Control Victoria (LCV)
45. Application ............................................................................................................. 258
46. lnspectorial Shift, Roster and Allowance Arrangements ............................. 258
Part 1 Victorian Curriculum and Assessment Authority
1. Definitions .............................................................................................................. 261
2. Stand-by .................................................................................................................. 261
Part 1 Common Provisions
1. Definitions .............................................................................................................. 263
2. General ................................................................................................................... 264
3. Arrangements ........................................................................................................ 264
4. Provisions .............................................................................................................. 265
Part 2 After-hours Roles
5. Rostered Incident Response Roles and After-Hours Allowances ............... 266
6. Activated Emergency Management Roles ....................................................... 271
7. Other Rates, Allowances and Terms ................................................................. 275
Part 1 General
1. Annual Leave - Shift Workers -Additional Leave - Optional Payment .... 278
2. Shift Allowances - Saturday and Sundays ....................................................... 278
3. Time Recording ..................................................................................................... 278
4. Leave at Half Pay ................................................................................................... 278
5. Overtime (Child and Dependent Care), Sleepover and Court Allowances 278
6. Stand-by/ Recall Allowance ................................................................................ 280
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.................................................................................................... 281
Part 3 Child Protection Practitioner Structure – Children, Youth and Families
Stream - Non-VPS Aligned Adaptive Structures and Classification
Descriptors ............................................................................................................ 287
Part 4 Child Protection Practitioner Structure – Child Protection Practitioner
Stream - Non-VPS Aligned Adaptive Structures and Classification
Descriptors – Department of Families, Fairness and Housing .................... 300
......................................................................... 311
................................................................................................ 314
7. Clothing Allowance ............................................................................................... 280
Part 2 Child Protection
8. Application ............................................................................................................. 281
9. Child Protection Practitioner Structure .......................................................... 281
10. Rural After Hours Stand-By ................................................................................ 281
11. Ten Hour Break ..................................................................................................... 282
12. Night Shift Allowance ........................................................................................... 283
13. Overtime and Additional Leave ......................................................................... 283
14. Professional Development Leave ...................................................................... 284
15. Single Day or Shift Higher Duties ...................................................................... 285
J 6. Child Protection Consultative Committee ....................................................... 285
17. Child Protection After-Hours Service Consultative Committee .................. 285
18. Hurstbridge Farm Consultative Committee .................................................... 286
19. Child Protection Practitioner Retention Allowance ...................................... 286
20. Child Protection Practitioner Structure - Children, Youth and Families
( CYF) Stream .......................................................................................................... 287
21. Child Protection Practitioner - Children, Youth & Families Stream -
Classifications and Standard Descriptors ........................................................ 291
22. Child Protection Practitioner Structure - Child Protection Practitioner
(CPP) Stream ......................................................................................................... 300
23. Child Protection Practitioner - Child Protection Stream - Classifications
and Standard Descriptors ................................................................................... 302
Part 5 Secure Care Services Programs
24. Application ............................................................................................................. 311
25. Overtime ................................................................................................................. 311
26. Shift Allowances - Secure Care Services .......................................................... 311
27. Secure Care Services Practice Principles ......................................................... 313
28. Employee Development ...................................................................................... 313
29. Secure Care Services Consultative Committee ............................................... 314
Part 6 Housing Programs
30. Housing Services Officer and Housing Customer Service Officer Structures
.................................................................................................................................. 314
31. Stand-By /Recall Allowances for Housing Services Employees ................... 315
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Part 7 Housing Officer / Housing Customer Service Officer – Classification
Descriptors ............................................................................................................ 320
..................................................................................... 325
Appendix 5 Department of Health ............................................................................... 327
Part 1 General ................................................................................................................... 327
Part 2 Senior Medical Officers ....................................................................................... 327
Appendix 6 Department of Energy, Environment and Climate Action ................ 329
.................................................................................................. 329
32. Call Centres - Housing and Community Building Maintenance Call Centres
.................................................................................................................................. 316
33. Housing Consultative Group ............................................................................... 318
34. Housing Officer/ Housing Customer Service Officer - Classification
Descriptors ............................................................................................................ 320
Part 8 Emergency Management
35. Emergency Management Consultative Committee ........................................ 325
36. Clothing and Equipment for Emergency Management Employees ............ 325
1. Shift Allowances - Saturday and Sundays ....................................................... 327
2. Time Recording ..................................................................................................... 327
3. Leave at Half Pay ................................................................................................... 327
4. Vehicle .................................................................................................................... 327
5. On-Call Duty Requirement .................................................................................. 327
6. Special Leave ......................................................................................................... 328
7. Private Practice ..................................................................................................... 328
Part 1 Emergency Work
1. Emergency Work .................................................................................................. 329
2. Retention of classification .................................................................................. 330
3. Fit for Emergency ................................................................................................. 330
4. Normal hours of work .......................................................................................... 331
5. Work period .......................................................................................................... 331
6. Rest period ............................................................................................................. 331
7. Meal interval .......................................................................................................... 332
8. Monday to Friday payment ................................................................................. 332
9. Saturday work ....................................................................................................... 332
10. Sunday and Public Holiday work ...................................................................... 333
11. Stand-by .................................................................................................................. 333
12. Duty Officer ............................................................................................................ 334
13. Callout ..................................................................................................................... 335
14. Shift Cancellation Payment ................................................................................. 336
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................................................................................................................. 350
............................................................................ 351
Appendix 7 Ministerial Transport Officers ............................................................... 357
Part 1 Ministerial Transport Officers ........................................................................... 357
J 5. Travelling time ...................................................................................................... 336
16. Resumption of normal duties ............................................................................ 336
17. Rest periods for deployments between emergency duties .......................... 337
18. Provision of meals ................................................................................................ 338
19. Emergency Field Allowance ............................................................................... 338
20. Emergency Support Allowance .......................................................................... 339
21. Incident Management Team Responsibility Payments ................................ 340
22. Payment of Overtime Ceiling .............................................................................. 342
23. Definitions .............................................................................................................. 342
24. Rosters .................................................................................................................... 344
25. Financial Support for Personal Injuries .......................................................... 344
26. Additional superannuation for Employees engaged in fire management
and fire response .................................................................................................. 345
27. Fatigue Management Leave ................................................................................ 347
28. Night duty allowance ........................................................................................... 348
29. Living Away from Home Allowance .................................................................. 348
30. Shift commencement and conclusion ............................................................... 349
31. Returnee Payment - Fire Support Officers ...................................................... 349
Part 2 Overtime
32. Overtime ................................................................................................................. 350
Part 3 Allowances - Non-Emergency
33. Camping Allowance .............................................................................................. 351
34. Non-Emergency Stand-by .................................................................................... 352
35. Remote Locations ................................................................................................. 353
36. Overseas and Interstate Allowance .................................................................. 355
37. Farm and Building Security Allowance ............................................................ 355
38. Trainer and Assessor Allowance ....................................................................... 356
1. Application ............................................................................................................. 357
2. Ministerial Transport Officers Structure ......................................................... 357
3. Hours of Work ....................................................................................................... 357
4. Record Keeping ..................................................................................................... 357
5. Overtime ................................................................................................................. 358
6. Maximum Daily Hours and Minimum Rest Period ........................................ 358
7. Allowances and Expenses ................................................................................... 360
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Part 2 VPS Aligned Adaptive Structure and Classification Descriptors –
Ministerial Transport Officers ........................................................................... 364
Part 3 Grandfathering Arrangements for MTOs employed at the commencement
of the Enterprise Agreement .............................................................................. 365
Appendix 8 Victoria Police ............................................................................................ 367
................................................................................................................... 367
................................................................................................... 368
.............................................................................. 369
.................................................................................................. 379
........................................................................................ 379
.................................................... 381
..................................... 382
8. Drivers Licenses - Proof of Currency ............................................................... 363
9. Assisting with Pool Duties .................................................................................. 364
10. Compliance with Road Laws ............................................................................... 364
11. Use of Ministerial Vehicles ................................................................................. 364
12. Ministerial Transport Officers Structure ......................................................... 364
13. Full-Time and Part-Time MTOs employed as of 1 May 2024 ....................... 365
Part 1 General
1. Allowances ............................................................................................................. 367
2. Commuted Allowance .......................................................................................... 367
3. Managing Welfare ................................................................................................. 367
4. Wellbeing ............................................................................................................... 367
Part 2 Forensic Officers
5. Forensic Officer Structure .................................................................................. 368
6. Recall/ Overtime Provisions ............................................................................. 368
7. Training .................................................................................................................. 369
Part 3 Forensic Officers - Non-VPS Aligned Adaptive Classification Structures and
Descriptors - Victoria Police
8. Forensic Officer Structure .................................................................................. 369
9. Forensic Officer Work Level Descriptors ........................................................ 372
Part 4 Property Officers
JO. Uniform ................................................................................................................... 379
Part 5 Police Custody Officers
11. General ................................................................................................................... 379
12. Appointment and Salary ..................................................................................... 379
13. Hours of Work ....................................................................................................... 380
14. Uniform ................................................................................................................... 381
Part 6 Police Custody Officer VPS Aligned Classification Structure and
Classification Descriptors - Victoria Police
15. Police Custody Officer Structure ....................................................................... 381
16. Police Custody Officer Descriptors ................................................................... 381
Part 7 Police Custody Officers - Classification Descriptors
17. Police Custody Officer Classification Descriptors .......................................... 382
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................................................................................................... 385
................................................... 388
Appendix 9 Safe Transport Victoria ............................................................................ 389
Appendix 10 Independent Broad-based Anti-corruption Commission ............. 391
........................................................................................................... 391
.............................................................................................................. 397
Appendix 11 Court Services Victoria ......................................................................... 402
Part 8 Custodial Nurses
18. General ................................................................................................................... 385
19. Shift Allowances (Saturday, Sunday, public holiday and night shifts) ...... 385
20. Daylight Saving ...................................................................................................... 386
21. Qualification Allowance ...................................................................................... 387
Part 9 Aboriginal and Community Liaison Officers
22. Aboriginal and Community Liaison Officers ................................................... 388
1. Application ............................................................................................................. 389
2. Court Appearances ............................................................................................... 389
3. Non-Emergency Stand-By ................................................................................... 389
Part 1 Surveillance, Investigators, Intelligence Analysts and Senior Forensic
Accountants
1. Introduction .......................................................................................................... 391
2. Eligible Employees ............................................................................................... 391
3. Composite Allowance ........................................................................................... 392
4. Ordinary Hours of Work for Eligible Surveillance Officers ......................... 393
5. Work Arrangements ............................................................................................ 393
6. Election of Composite Allowance ...................................................................... 394
7. Payment of Composite Allowance ..................................................................... 394
8. Ending the Composite Allowance ...................................................................... 395
9. Overtime and TOIL ............................................................................................... 396
10. Stand-by .................................................................................................................. 396
11. Record and Review of Hours Worked .............................................................. 397
12. Rostering Principles ............................................................................................ 397
Part 2 Supplementary Terms and Conditions of Employment for Operational
Employees
13. Introduction and Application ............................................................................ 397
14. Operational Stand-by Allowance ....................................................................... 398
15. Payment of Overtime ........................................................................................... 399
16. Hours of Work Outside the Span of Hours (Not Overtime) .......................... 400
17. TOIL ......................................................................................................................... 400
18. Approval process .................................................................................................. 401
1. Introduction and Application ............................................................................ 402
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Appendix 12 Office of the Governor........................................................................... 406
Appendix 13 Victorian Gambling and Casino Control Commission .................... 411
Appendix 14 Game Management Authority ............................................................. 414
Appendix 15 Victorian Fisheries Authority ............................................................. 421
Part 1 Stand-by, Recall and Related Matters ............................................................... 421
2. Court Registrars Structure ................................................................................. 402
3. Supreme Court of Victoria Tipstaves and Associates Additional Leave .... 404
4. County Court of Victoria Tipstaves and Associates Additional Leave ....... 404
5. Circuit Court Allowance ...................................................................................... 404
6. County Court Uniform Provisions ..................................................................... 405
1. Commuted Overtime Allowance ........................................................................ 406
2. Uniforms ................................................................................................................. 406
3. Reimbursement of Expenses .............................................................................. 410
1. Application ............................................................................................................. 411
2. Restraint Of Trade Allowance ............................................................................ 411
3. lnspectorial Shift, Roster and Allowance Arrangements ............................ .411
1. Application ............................................................................................................. 414
2. Non-Emergency Stand-By/Recall ...................................................................... 414
3. Recall to Duty ........................................................................................................ 414
4. Duty Officer ............................................................................................................ 415
5. Replacement of damaged clothing .................................................................... 415
6. Shift Work .............................................................................................................. 415
7. Camping .................................................................................................................. 416
8. Remote Locations ................................................................................................. 416
9. Overseas and Interstate Travel ......................................................................... 418
10. EmergencyWork .................................................................................................. 418
11. Overtime ................................................................................................................. 419
1. Operation of this Appendix ................................................................................ 421
2. Non-Emergency Stand-By ................................................................................... 421
3. Stand-By on a Vessel ............................................................................................ 422
4. Recall to Duty ........................................................................................................ 422
5. Duty Officers .......................................................................................................... 422
6. Camping .................................................................................................................. 423
7. Ocean Going Allowance ....................................................................................... 424
8. Shipkeeping Allowance ....................................................................................... 424
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Part 2 Emergency Work .................................................................................................. 428
Part 3 Fisheries Officers Matters ................................................................................... 428
Part 4 Fisheries Officer Structure –VPS Aligned Adaptive Structures – Victorian
Fisheries Authority .............................................................................................. 430
Appendix 16 Department of Transport and Planning and Victorian
Infrastructure Delivery Authority ................................................................................... 432
........................................................................................................................... 434
9. Diving Allowance .................................................................................................. 424
10. Remote Location ................................................................................................... 425
11. Overseas and Interstate Travel ......................................................................... 426
12. Overtime ................................................................................................................. 426
13. Emergency Work .................................................................................................. 428
14. Application ............................................................................................................. 428
15. Paid Rest Period for Compliance Work ............................................................ 428
16. Replacement of Damaged Clothing - Fisheries Officers ............................... 429
17. Shift Work .............................................................................................................. 429
18. Marine Qualification Allowance ........................................................................ 429
19. Fisheries Officer Structure ................................................................................. 430
1. Arrangements ........................................................................................................ 432
2. Application ............................................................................................................. 432
3. Traffic Control Officers ........................................................................................ 432
4. Emergency Management ..................................................................................... 433
Signatories
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Title
This Agreement will be known as the Victorian Public Service Enterprise Agreement 2024.
Definitions and interpretation
In this document, unless the contrary intention appears:
Accredited Representative of the Union means an officer or employee of the Union.
Agency means a Public Service Body under the Public Administration Act 2004 (Vic), or
an office or authority for which an office holder has been designated to have the functions
of a public service body head under that Act, or designated under another Act.
Agreement means the Victorian Public Service Enterprise Agreement 2024.
Attribute has the same meaning as section 6 of the Equal Opportunity Act 2010 (Vic).
Child unless otherwise defined means:
(a) someone who is child of the Employee within the meaning of the Family Law Act
1975 (Cth), and
(b) an adopted child or step-child of the person.
It doesn’t matter whether the child is an adult.
CPSU means the Community and Public Sector Union.
De Facto Partner means:
(a) a person who, although not legally married to the Employee, lives with the
Employee in a relationship as a couple on a genuine domestic basis (whether the
Employee and the person are of the same sex or different sexes); and
(b) includes a former De Facto Partner of the Employee.
Employee means an Employee of the Crown employed pursuant to Division 4 of Part 3
or Division 3 of Part 6 of the PAA other than an Employee described in (a) to (g) below.
To avoid doubt, an Act other than the PAA may prescribe that an Employee is employed
pursuant to Division 4 Part 3 or Division 3 Part 6 of the PAA.
(a) An Employee eligible to be a member of the CPSU who is employed under the
Education and Training Reform Act 2006 (Vic).
(b) An Employee eligible to be a member of the Health Services Union.
(c) An Employee eligible to be a member of the CPSU who is employed pursuant to the
Emergency Services Superannuation Act 1986 (Vic).
Section I - Core Terms and Conditions of Employment
Part 1 Application and Operation of Agreement
1.
2.
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(d) An Employee eligible to be a member of the Australian Nursing and Midwifery
Federation or the CPSU who is employed as a nursing professional in a position
requiring mandatory qualifications within the Maternal and Child Health Line (or
any successor functional area).
(e) A locally engaged Employee in an overseas office/work location.
(f) A Principal Scientist, a Senior Medical Adviser or a Senior Regulatory Analyst in
respect of clause 28, 29, 31 and 32 but not otherwise.
(g) An Employee eligible to be a member of the Australian Workers’ Union.
(i) whose terms and conditions are determined by reference to the Field Staff
Agreement 2019, or any successor to this agreement, or
(ii) employed in a Roads Occupation.
Employer means the State of Victoria acting through its servant who, for the purposes of this
Agreement, is the relevant public service body head in the Agency in which the Employee is
employed.
Fortnightly Salary means an Employee’s annual Salary divided by 365.25 multiplied by 14.
FWC means the Fair Work Commission or its successor.
Fair Work Act 2009 (Cth) and FW Act means that Act, as may be amended from time to time
and any successor to that Act.
Immediate Family means:
(a) a Spouse, De Facto Partner, Child, parent, grandparent, grandchild or sibling of the
Employee; or
(b) a Child, parent, grandparent, grandchild or sibling of a spouse or De Facto Partner
of the Employee.
Regular Casual Employee means a casual Employee who has been employed on a regular and
systematic basis by their Employer.
Machinery of Government Change means a change arising from the allocation and
reallocation of functions between Victorian government departments and/or Agencies which
is set out in a General Order allocating Acts of Parliament to Ministers signed by the Premier,
an Administrative Arrangements Order made under the Administrative Arrangements Act 1983
(Vic) or an order or declaration made under the Public Administration Act 2004 (Vic)
NES means the National Employment Standards.
Party or Parties means the State of Victoria or the CPSU.
PAA means the Public Administration Act 2004 (Vic) as may be amended from time to time, or
any successor to that Act.
Public Holiday means a day that is a public holiday pursuant to clause 55.
Roads Occupation means any of the following functions or occupations formerly performed
within VicRoads prior to 1 July 2019: Road Worker; Senior Roadworker; Site Manager Road
Services; Works Supervisor; Team Leader Support - Sprayline; Team Leader Sealing -
Sprayline; Team Leader - Roads Services; Team Leader Construction – Road Services; Team
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Leader Road Barrier Maintenance and Repair; Team Leader Roads; Team Leader Incident
Response Services; Team Leader Environmental, Roadside and Structures; Works Coordinator
– Road Services; Specialist Plant Operator – Sprayline; Traffic Commander – Real Time
Operations; Incident Response Officer – Real Time Operations; Linemarking Operator;
Linemarking Specialist Plant Operator; Linemarking Supervisor.
Salary means the wage or salary rate, including all on-going progression payments, which an
Employee receives in the normal course of their duty; provided that Salary does not include
any payment for overtime, Shift Work, stand-by, travelling allowance, incidental expenses or
any payment of a temporary character.
Shift Work means the ordinary hours of work rostered in accordance with clause 43.1(a) of
this Agreement, subject to clause 4 of Appendix 1 - Department of Justice and Community
Safety.
Shift Worker means an Employee who performs Shift Work in a workplace in which the
Employee is employed in which shifts are continuously rostered 24 hours a day for 7 days a
week.
Union means the Community and Public Sector Union (CPSU).
VPS means entities that employ staff under Division 4 Part 3 or Division 3 Part 6 of the PAA,
irrespective of which Public Service Body Head exercises employment powers pursuant to s20
of the Act.
Workplace Delegate means a person appointed or elected, in accordance with the rules of the
Union, to be a delegate or representative (however described) for members of the organisation
who work in a particular workplace.
Commencement Date and Period of Operation
This Agreement will commence operation seven (7) days after it is approved by the
FWC and will have a nominal expiry date of 9 April 2028.
Employees to whom this Agreement applies will receive:
(a) Salary increases as provided for in clause 32 (Salary Increases), with the first
increase payable with effect from 1 May 2024; and
(b) increases to allowances, with the first increase payable with effect from 1 May
2024.
Salary and allowance increases payable for the period between 1 May 2024 and the
commencement of the Agreement will be made as soon as reasonably practicable
after the Agreement commences operation.
Alterations to conditions of employment provided for in this Agreement will apply
with effect from the commencement date of this Agreement, unless otherwise stated.
Renegotiation Period
(a) With the aim of avoiding protracted negotiations for a new agreement, the CPSU
and the State of Victoria agree to a renegotiation period. The renegotiation period
will be from 9 October 2027 until 9 March 2028. The aim of the renegotiation
period is to permit a new agreement to be reached prior the nominal expiry date
of this Agreement.
3.
3.1
3.2
3.3
3.4
3.5
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(b) To meet this objective, the CPSU and the State of Victoria agree that:
(i) each will provide any proposals for change to the Agreement by 9 October
2027; and
(ii) they will meet regularly to progress negotiations in good faith. Small
working groups may be established to examine particular areas of
disagreement; and
(iii) the person/s responsible for negotiating will bring with them the necessary
authority to finalise an agreement; and
(iv) if agreement is not reached by 9 January 2028, the parties will discuss
whether they should seek the assistance of a mutually agreed conciliator or
the FWC. This does not prevent the parties seeking assistance, by agreement,
on any individual issue which is creating an impasse; and
(v) should conciliation be sought, then the Parties to the conciliation may agree
to an extension to the renegotiation period.
(c) During this period the CPSU and the State of Victoria will not act in a manner that
is designed to frustrate good faith bargaining.
Application of Agreement and Parties Covered
This Agreement applies to and covers:
(a) the State of Victoria in respect of all Employees (as defined in clause 2 - Definitions
and interpretation); and
(b) all Employees whose employment is, at any time when this Agreement is in
operation, subject to this Agreement; and
(c) the CPSU.
In accordance with Part 2-8 of the FW Act, where there is a transfer of business to a
new employer, the new employer is bound by this Agreement as a transferable
instrument to the extent that it relates to the whole or part of the business transfer.
Agency-specific arrangements
Agency-specific arrangements are provided for in Section II - Agency Specific
Arrangements (Appendix 1 to Appendix 16) of this Agreement. These Agency-specific
arrangements are read in conjunction with Section I. Where the Agency-specific
arrangements make different provision to Section I, the Agency-specific arrangements
override Section I to the extent of the difference.
Agreement Implementation
(a) The Parties agree the VPS Agreement Monitoring Committee (VPS AMC) will
continue during the life of the Agreement to deal with issues arising from the
implementation of the Agreement, common policies and Best Practice
Employment Commitment.
4.
4.1
4.2
4.3
4.4
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(b) The VPS AMC will comprise representatives nominated by the CPSU and the
Employer. The Parties may establish working groups to deal with particular
matters.
(c) The Parties acknowledge that implementing guidance on the interpretation and
application of the key provisions of the Agreement will help to ensure a consistent
application of the Agreement across the VPS and minimise disputation.
(d) The Employer is committed to maintaining and applying the common policies and
commitments made in the Best Practice Employment Commitment which, while
not forming part of the Agreement, provide operational guidance on the intended
interpretation and operation of the Agreement’s key provisions.
(e) The VPS AMC will oversee the review and update of the common policies, which
will occur within 12 months of this Agreement coming into effect.
No Further Claims
This Agreement is intended to set out, or set out processes for determining, all the
terms and conditions of employment of the Employees which will be subject to the
Agreement made under the FW Act for the period from the date of commencement of
this Agreement until 9 April 2028.
The Employees, the Employer and the Union covered by this Agreement agree that
they will not for the period from the date of commencement of this Agreement until
9 October 2027 make claims to make an enterprise agreement under the FW Act,
whether in relation to matters dealt with in this Agreement or otherwise.
Relationship with other Awards, Agreements, the Best Practice
Employment Commitment and Savings Provisions
This Agreement operates to the exclusion of all previous awards and orders of the
FWC and replaces all previous industrial instruments under the FW Act in respect of
the Employees. However any entitlement in the nature of an accrued entitlement to
an individual’s benefit which has accrued under any such previous industrial
instrument will not be affected by the making of this Agreement.
No Employee will, on balance, have their overall pay and conditions reduced as a
result of making this Agreement.
No Employee’s overall terms and conditions of employment will, on balance, be
reduced as a result of any Machinery of Government Changes that occur during the
life of this Agreement.
The Victorian Government’s Wages Policy provides that parties may agree to a Best
Practice Employment Commitment (BPEC) which can be finalised alongside an
enterprise agreement. The BPEC, while not forming part of the Agreement, may
identify actions or reforms with respect to public sector employment including
measures for implementing best practice employment commitments.
Accordingly, the Parties have agreed the following matters to be included in a BPEC
which will be implemented during the life of the Agreement:
5.
5.1
5.2
6.
6.1
6.2
6.3
6.4
6.5
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(a) Alternative working arrangements: the Parties have agreed to form the
Alternative Ways of Working Committee to identify alternative ways of working or
other models of arranging ordinary working hours that could be trialled in the VPS
as described in the BPEC.
(b) Compensation for additional hours worked for VPS 5 to 7: the Parties have
agreed on a framework that describes the circumstances in which the Employer
may provide time in lieu in accordance with clause 46.8 & 46.9 of the Agreement
in compensation for additional hours worked.
(c) Introduction and use of new technologies: The VPS AMC will monitor the
introduction and use of new technologies in the VPS. The VPS AMC will consider
whether the existing consultation requirements are adequate to address the
adoption of new technology and associated changes to existing business practice
or VPS positions. The VPS AMC will also monitor the implications of new
technology on privacy and employee data.
(d) Monitoring operational payroll and implementation issues: The VPS AMC will
establish a community of practice comprising representatives of the payroll
functions to discuss and resolve common implementation issues.
In addition to the arrangements in clause 6.5 above, the Parties have also agreed a
number of other commitments (the version of which that applied on 1 May 2024),
which while not forming part of the Agreement, will be operationalised during the life
of the Agreement. These commitments include:
(a) Memorandum of Understanding (MOU) to support the Department of Health after
hours services emergency management arrangements,
(b) Memorandum of Understanding to support the Department of Families, Fairness
and Housing – Emergency Management Employees, and
(c) Cenitex Overtime Policy.
If during the life of the Agreement, the Employer proposes to be amend the operation
of the arrangements listed in clause 6.6 above, they will consult with the CPSU prior
to amendments being implemented. In consulting with the CPSU about proposed
amendments, the Employer will give the CPSU an opportunity to raise issues or
concerns with the proposed amendment(s) and give genuine consideration and
responses to the matters raised during the consultation process.
A dispute or grievance that is being considered pursuant to clause 13 of the Victorian
Public Service Enterprise Agreement 2020 at the time this Agreement commences
operation may continue to be considered pursuant to clause 13 of this Agreement.
Transitional Arrangements
(a) Transitional arrangements apply to several entitlements in the Agreement,
including:
(i) Employees classified at VPS 5 and above at the commencement of the VPS
Agreement 2024 who are appointed to a salary which does not align to the
new salary pay points for VPS 5 and above classified employees as outlined
in the VPS Agreement 2024 as outlined in clause 29.9, and
(ii) the use of fixed term employment and fixed term conversion arrangements
as outlined in clause 18.7, and
6.6
6.7
6.8
6.9
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(iii) casual conversion arrangements in clause 19.6 of the Agreement, and
(iv) the increase to the top of band or value range payment from 1 per cent to 1.5
per cent which is given effect to by clause 31.3(d) will be applied from the
Performance Cycle concluding on 30 June 2024.
(b) Transitional arrangements are specified in the relevant clause and apply for the
limited time expressed in each provision.
Anti-Discrimination and Workplace Diversity
The Parties covered by this Agreement respect and value the diversity of the
workforce by helping to prevent and eliminate discrimination on the basis of race,
colour, sex, sexual orientation, gender, age, physical or mental disability, marital
status, family or carer’s responsibilities, pregnancy, religion, political opinion,
national extraction, social origin, breastfeeding, gender identity, intersex status or
any other Attributes protected by anti-discrimination legislation.
The Employer recognises the importance of workplace diversity and inclusion. The
Employer will strive to create a diverse workforce and an environment that
recognises, values, utilises and reflects the diverse society in which we live. In this
context, diversity includes cultural diversity, Aboriginal and Torres Strait Islander
identity, sexuality, age, gender identity, ability, neurodiversity and carer
responsibilities.
Accordingly, in fulfilling their obligations under the procedures in clause 13
(Resolution of Disputes), the Parties must make every endeavour to ensure that
neither the Agreement provisions nor their operation are directly or indirectly
discriminatory in their effects.
Nothing in this clause is to be taken to affect:
(a) any different treatment (or treatment having different effects) which is specifically
exempted under the Commonwealth anti-discrimination legislation; or
(b) an Employee, Employer or Union pursuing matters of discrimination in any State
or Federal jurisdiction, including by application to the Australian Human Rights
Commission; or
(c) the exceptions in section 351(2) and 772(2) of the FW Act or the operation of
sections 772(3) and 772(4) of the FW Act.
The Employer will act in accordance with its obligations under:
(a) the Equal Opportunity Act 2010 (Vic), and
(b) the Victorian Charter of Human Rights and Responsibilities and
(c) the Gender Equality Act 2020 (Vic).
These obligations apply to the Employer but do not form part of the Agreement.
7.
7.1
7.2
7.3
7.4
7.5
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Flexible Work
The Parties are committed to providing a range of flexible working arrangements to
give Employees a meaningful level of control over when, where and how work is
accomplished.
To help embed flexible ways of work in the Victorian Public Service, the Victorian
Public Service Commission (VPSC) has issued a Flexible Work Policy. The Flexible
Work Policy, while not forming part of the Agreement, reflects a genuine commitment
to support both individual flexibility and business performance needs, while
recognising that not all forms of flexibility will be suitable for every role.
If during the life of the Agreement, the Flexible Work Policy is proposed to be
amended, the CPSU will be consulted prior to amendments being implemented. In
consulting with the CPSU about proposed amendments to the Flexible Work Policy,
the Employer will give the CPSU an opportunity to raise issues or concerns with the
proposed amendment(s) and give genuine consideration and responses to the
matters raised during the consultation process.
Where an Employee requests a change to their usual working arrangements in
accordance with the Flexible Work Policy, the Employer must give the request
genuine consideration and provide a response within a reasonable timeframe. Where
the request cannot be accommodated, the Employer should provide reasons and
explore whether alternative forms of flexibility may be able to be accommodated.
Several provisions in this Agreement are available to facilitate an individual’s need
for flexibility, consistent with business requirements and legislative obligations.
Table 1: Flexible Work
Clause Title Summary of entitlement
(see clause for full entitlement and any conditions)
9 Individual Flexibility
Arrangement (IFA)
An IFA may vary the effect of clause 42 (Hours of
Work); and clause 43 (Shift Work)
10 Right to Request
Flexible Working
Arrangements
Under s65 of the FW Act Employees in circumstances as
defined in the legislation may request flexible working
arrangements
20.4 Part-Time
Employment
Part-time employment may be worked by agreement
between the Employee and the Employer
24 Working from Home An individual Employee and Employer may agree to
work from home on a case by case basis.
42 Hours of Work An Employee (other than a Shift Worker) can agree with
the Employer to work their ordinary hours flexibly,
within the span of hours, to best meet the Employer’s
work requirements and the Employee’s personal and/or
Part 2 Flexible Work
8.
8.1
8.2
8.3
8.4
8.5
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Clause Title Summary of entitlement
(see clause for full entitlement and any conditions)
family circumstances. This may include, for example,
working compressed hours.
52 Purchased Leave An Employee and Employer may agree to work less than
52 weeks per year to increase the amount of leave
available
59 Family Violence
Leave
An Employee experiencing family violence has an
entitlement to additional leave and may request flexible
work arrangements
62 Parental Leave An Employee returning to work after parental leave has
a right to request a reduced time fraction until their Child
reaches school age, or alternatively may request an
extension of unpaid parental leave
Individual Flexibility Arrangements
An Employee and the Employer may enter into an individual flexibility arrangement
pursuant to this clause in order to meet the genuine needs of both the Employee and
the Employer. An individual flexibility arrangement must be genuinely agreed to by
the Employee and Employer.
An individual flexibility arrangement may vary the effect of clause 42 (Hours of
Work) and clause 43 (Shift Work).
An Employee may nominate a representative to assist in negotiations for an
individual flexibility arrangement.
The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the FW Act; and
(b) are not unlawful terms under section 194 of the FW Act; and
(c) result in the Employee being better off overall than the Employee would be if no
arrangement was made.
The Employer must ensure that an individual flexibility arrangement is in writing and
signed by the Employee and Employer. If the Employee is under 18, the arrangement
must also be signed by a parent or guardian of the Employee.
The Employer must give a copy of the individual flexibility arrangement to the
Employee within 14 days after it is agreed to.
The Employer must ensure that any individual flexibility arrangement sets out:
(a) which terms of this Agreement will be affected or varied by the individual
flexibility arrangement; and
9.
9.1
9.2
9.3
9.4
9.5
9.6
9.7
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(b) how the individual flexibility arrangement will vary or affect the terms of this
Agreement; and
(c) how the Employee will be better off overall in relation to the terms and conditions
of their employment as a result of the individual flexibility arrangement; and
(d) the day on which the individual flexibility arrangement commences; and
(e) provides for the individual flexibility arrangement to be terminated:
(i) by either the Employee or Employer giving a specific period of written
notice, with the specified period being not more than 28 days; and
(ii) at any time by written agreement between the Employee and Employer.
Flexible Working Arrangements – Specific Circumstances
Section 65 of the FW Act provides that an Employee may request a change in their
working arrangements in any of the following circumstances:
(a) the Employee is pregnant;
(b) the Employee is the parent, or has responsibility for the care, of a Child who is of
school age or younger; or
(c) the Employee is a carer (within the meaning of the Carer Recognition Act 2010); or
(d) the Employee has a disability; or
(e) the Employee is 55 or older; or
(f) the Employee is experiencing family violence; or
(g) the Employee provides care or support to a member of the Employee’s Immediate
Family, or a member of the Employee’s household, who requires care or support
because the member is experiencing family violence.
Note: Examples of changes in working arrangements include changes in hours of work,
changes in patterns of work and changes in location of work.
To avoid doubt, and without limiting clause 10.1, an Employee may request to work
part-time to assist the Employee to care for the Child if the Employee:
(a) is a parent, or has responsibility for the care, of a Child; and
(b) is returning to work after taking leave in relation to the birth or adoption of the
Child.
A casual Employee is not entitled to make a request under this clause unless the
Employee:
(a) is a Regular Casual Employee of the Employer immediately before making the
request; and
(b) has a reasonable expectation of continuing employment by the Employer on a
regular and systematic basis.
10.
10.1
10.2
10.3
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A request made under this clause must be made in writing and set out details of the
change sought and the reasons for the change.
Before responding to a request, the Employer must discuss the request with the
Employee and genuinely try to reach agreement on a change in working
arrangements that will reasonably accommodate the Employee’s circumstances
having regards to:
(a) the needs of the Employee arising from their circumstances; and
(b) the consequences for the Employee if changes in working arrangements are not
made; and
(c) any reasonable business grounds for refusing the request.
On receipt of a request by an Employee under this clause, the Employer must give the
Employee a written response within 21 days. The response must:
(a) state that the Employer grants the request; or
(b) if, following discussion between the Employer and the Employee, the Employer
and the Employee agree to a change to the Employee's working arrangements that
differs from that set out in the request--set out the agreed change; or
(c) state that the Employer refuses the request and include:
(i) the details of the reasons for the refusal
(ii) the particular business grounds for refusing the request (see clause 10.8
below),
(iii) explain how those grounds apply to the request,
(iv) either set out the change (other than the requested change) to the
Employee’s working arrangements that could be accommodated or state
there are no such changes that can be made, and
(v) set out the Employee’s ability to dispute the decision to refuse the request,
per sections 65B and 65C of the FW Act.
The Employer may only refuse the request if the Employer has discussed the request
with the Employee, and genuinely tried to reach agreement about changes to the
Employee’s working arrangements having regard to the consequences of the refusal
for the Employee, and the refusal is on reasonable business grounds.
Without limiting what are reasonable business grounds for the purposes of clause
10.7, reasonable business grounds include any of the following:
(a) that the new working arrangements requested by the Employee would be too
costly for the Employer; or
(b) that there is no capacity to change the working arrangements of other Employees,
or recruit new Employees, to accommodate the new working arrangements
requested by the Employee; or
(c) that it would be impractical to change the working arrangements of other
Employees, or recruit new Employees, to accommodate the new working
arrangements requested by the Employee; or
10.4
10.5
10.6
10.7
10.8
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(d) that the new working arrangements requested by the Employee would be likely to
result in a significant loss in efficiency or productivity; or
(e) that the new working arrangements requested by the employee would be likely to
have a significant negative impact on customer service.
If the Employer and Employee reached an agreement under clause 10.6 on a change
in working arrangements that differs from that initially requested by the Employee,
the Employer must provide the Employee with a written response to their request
setting out the agreed change or changes in working arrangements.
10.9
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Implementation of Change
Where the Employer has developed a proposal for major change likely to have a
significant effect on Employees, such as a restructure of the workplace, the
introduction of new technology or changes to existing work practices of Employees,
the Employer will advise the relevant Employees and the relevant Union covered by
this Agreement of:
(a) the proposed change as soon as practicable after the proposal has been made; and
(b) measures the employer is taking to avert or mitigate the adverse effect of the
change on the employees; and
(c) the likely effects on the Employees’ working conditions and responsibilities; and
(d) the rationale and intended benefits of any change, including improvements to
productivity, if applicable.
For the purpose of this clause, a major change is likely to have a significant effect on
Employees if it results in:
(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.
Clause 11.2(f) is subject to the rights and obligations set out in clause 21 (Usual
Place or Places of Work).
Relevant Employees means the Employees who may be affected by a change
referred to in clause 11.1.
Relevant Employees may appoint a representative for the purposes of the procedures
in this clause.
Consistent with clause 11.1 and subject to the other requirements of this clause, the
relevant Union has a right to be consulted under this clause. There is no requirement
for the relevant Union to be appointed or identified by a relevant Employee for the
requirement to be consulted to apply, subject to the other requirements of this clause.
Where:
Part 3 Communication, Consultation and Dispute Resolution
11.
11.1
11.2
11.3
11.4
11.5
11.6
11.7
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(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.
The Employer will:
(a) provide in writing all relevant information about the change including:
(i) 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.
(b) regularly consult with Relevant Employees and the relevant Union covered by this
Agreement; and
(c) give prompt consideration to matters raised by the Employees or the Employees
relevant Union covered by this Agreement; and
(d) if appropriate provide training for the Employees to assist them to integrate
successfully into the new structure.
In accordance with this clause, the relevant Employees and the relevant Union
covered by this Agreement may submit alternative proposals which will meet the
indicated rationale and benefits of the proposal.
(a) Such alternative proposals must be submitted in a timely manner so as not to lead
to an unreasonable delay in the introduction of any contemplated change.
(b) If such a proposal is made the Employer must give considered reasons to the
affected Employees and the relevant Union covered by this Agreement if the
Employer does not accept its proposals.
(c) Indicative reasonable timeframes are set out below. The steps, timeframes, and the
extent of consultation in each case will:
(i) be commensurate with the scale of the proposed major change and the likely
significant effect for Employees, and
(ii) take account of the Parties’ agreement in clause 15 (Mobility Principles)
that the principles of workforce mobility will be operationalised over the life
of the Agreement through a range of changed practices, modes of work and
service delivery.
Table 2: Implementation of Change Process
Step in process
Number of working days in which to
perform each step
Employer advises Employees and relevant
Union covered by this Agreement
11.8
11.9
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Step in process
Number of working days in which to
perform each step
Response from Employees or the relevant
Union covered by this Agreement
5 days following receipt of written
advice from Employer
Meeting convened (if requested) 5 days following request for meeting
Further Employer response (if relevant) 5 days following meeting
Alternative proposal from Employees or
relevant Union covered by this Agreement
(if applicable)
10 days following receipt of Employer
response
Employer response to any alternative
proposal
10 days following receipt of alternative
proposal
Any dispute concerning the Parties’ obligations under this clause will be dealt with in
accordance with clause 13 (Resolution of Disputes).
Consultation on Changes to Rosters or Hours of Work
This clause applies if the Employer proposes to introduce a change to the regular
roster or ordinary hours of work of Employees.
The Employer must notify the Relevant Employees of the proposed change. Relevant
Employees means the Employees who may be affected by a change referred to in
clause 12.1.
The Relevant Employees may appoint a representative for the purposes of the
procedures in this clause.
The Employer must recognise the representative appointed by a Relevant
Employee(s) if:
(a) a Relevant Employee appoints, or Relevant employees appoint, a representative,
which may include CPSU, for the purposes of consultation; and
(b) the Employee or Employees advise the Employer of the identity of the
representative.
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
11.10
12.
12.1
12.2
12.3
12.4
12.5
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(iii) information about any other matters that the Employer reasonably believes
are likely to affect the Employees; and
(c) invite the Relevant Employees to give their views about the impact of the change
(including any impact in relation to their family or caring responsibilities).
However, the Employer is not required to disclose confidential or commercially
sensitive information to the relevant Employees.
The Employer must give prompt and genuine consideration to matters raised about
the change by the Relevant Employees.
The Employer must display a roster for Shift Workers in a convenient area fourteen
days prior to the effective date.
The Employer may change the Shift Work roster without written notice, if the
Employer is of the reasonable opinion that an emergency exists.
A Shift Worker may request the Employer approve a change to rostered Shift Work
times by giving to the Employer 48 hours’ written notice of the proposed change.
Resolution of Disputes
For the purposes of this clause 13, a dispute includes a grievance.
Unless otherwise provided for in this Agreement, a dispute about a matter arising
under this Agreement or the National Employment Standards set out in the FW Act,
other than termination of employment, must be dealt with in accordance with this
clause. To avoid doubt, a dispute about termination of employment cannot be dealt
with under this clause.
This clause does not apply to any dispute regarding a matter or matters arising in the
course of bargaining in relation to a proposed enterprise agreement.
The Union may raise a dispute and be a party to a dispute in its own right or in a
representative capacity for an Employee or group of Employees.
A person covered by this Agreement may choose to be represented at any stage by a
representative, including a Union representative or Employer’s organisation.
Obligations
(a) The parties to the dispute and their representatives must genuinely attempt to
resolve the dispute through the processes set out in this clause and must cooperate
to ensure that these processes are carried out expeditiously.
(b) While a dispute is being dealt with in accordance with this clause, work must
continue in accordance with usual practice, provided that this does not apply to an
Employee who has a reasonable concern about an imminent risk to their health or
safety, has advised the Employer of this concern and has not unreasonably failed
to comply with a direction by the Employer to perform other available work that
is safe and appropriate for the Employee to perform.
(c) No person covered by this Agreement will be prejudiced as to the final settlement
of the dispute by the continuance of work in accordance with this clause.
12.6
12.7
12.8
12.9
12.10
13.
13.1
13.2
13.3
13.4
13.5
13.6
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Agreement and Dispute Settlement Facilitation
(a) For the purposes of compliance with this Agreement (including compliance with
this dispute settlement procedure) if the chosen Employee representative is
another Employee of the Employer, they must be released by the Employer from
normal duties for such periods of time as may be reasonably necessary to enable
them to represent Employees concerning matters pertaining to the employment
relationship including but not limited to:
(i) investigating the circumstances of a dispute or an alleged breach of this
Agreement; or
(ii) endeavouring to resolve a dispute arising out of the operation of this
Agreement; or
(iii) participating in conciliation, arbitration or any other agreed alternative
dispute resolution process.
(b) The release from normal duties referred to in this clause is subject to the proviso
that it does not unduly affect the operations of the Employer.
Discussion of Dispute
(a) The dispute must first be discussed by the aggrieved Employee(s) with the
immediate supervisor of the Employee(s).
(b) If the dispute is not settled, the aggrieved Employee(s) can require that the dispute
be discussed with another representative of the Employer appointed for the
purposes of this procedure.
Internal Process
(a) If any party to the dispute who is covered by this Agreement refers the dispute to
an established internal dispute resolution process, the matter must first be dealt
with according to that process, provided that the process is conducted as
expeditiously as possible and:
(i) is consistent with the rules of natural justice; and
(ii) provides for mediation or conciliation of the dispute; and
(iii) provides that the Employer will take into consideration any views on who
should conduct the review; and
(iv) is conducted with as little formality as a proper consideration of the dispute
allows.
(b) If the dispute is not settled through an internal dispute resolution process, the
matter can be dealt with in accordance with the processes set out below.
(c) If the matter is not settled either party to the dispute may apply to the FWC to have
the dispute dealt with by conciliation.
Disputes of a Collective Character
(a) The Parties acknowledge that disputes of a collective character concerning more
than one Employee may be dealt with more expeditiously by an early reference to
the FWC.
13.7
13.8
13.9
13.10
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(b) No dispute of a collective character may be referred to the FWC directly unless
there has been a genuine attempt to resolve the dispute at the workplace level
prior to it being referred to the FWC.
Conciliation
(a) Where a dispute is referred for conciliation, a member of the FWC will do
everything that appears to the member to be right and proper to assist the parties
to the dispute to agree on settlement terms.
(b) This may include arranging:
(i) conferences of the parties to the dispute presided over by the member; and
(ii) for the parties to the dispute to confer among themselves at conferences at
which the member is not present.
(c) Conciliation before the FWC will be regarded as completed when:
(i) the parties to the dispute have reached agreement on the settlement of the
dispute; or
(ii) the member of the FWC conducting the conciliation has, either of their own
motion or after an application by a party to the dispute, satisfied themselves
that there is no likelihood that, within a reasonable period, further
conciliation will result in a settlement; or
(iii) the parties to the dispute have informed the FWC member that there is no
likelihood of agreement on the settlement of the dispute and the member
does not have substantial reason to refuse to regard the conciliation
proceedings as completed.
Arbitration
(a) If the dispute has not been settled when conciliation has been completed, a party
to the dispute may request that the FWC proceed to determine the dispute by
arbitration.
(b) If a member of the FWC has exercised conciliation powers in relation to the
dispute, the member must not exercise, or take part in the exercise of, arbitration
powers in relation to the dispute if a party to the dispute objects to the member
doing so.
(c) Subject to clause 13.12(d), the determination of the FWC is binding on the
persons covered by this Agreement.
(d) A determination of a single member of the FWC made pursuant to this clause may,
with the permission of a Full Bench of the FWC, be appealed.
General Powers and Procedures of the FWC
Subject to any agreement between the parties in relation to a particular dispute and
the provisions of this clause, in dealing with a dispute through conciliation or
arbitration, the FWC may conduct the matter in accordance with Subdivision B of
Division 3 of Part 5-1 of the FW Act.
13.11
13.12
13.13
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Workload
The Employer acknowledges the benefits to both the organisation and individual
Employee gained through Employees having a balance between both their
professional and family life.
The Employer further recognises that the allocation of work must include
consideration of the Employee’s hours of work, health, safety and welfare. Work will
be allocated so that there is not an allocation that routinely requires work to be
undertaken beyond an Employee’s ordinary hours of work.
An Employee or group of Employees may request a review of their workload if they
believe the workload is unreasonable. The request must be made in writing and set
out details of the workload of the Employee or group of Employees and the reasons
why the workload is considered unreasonable.
On receipt of a request by an Employee or group of Employees under this clause, the
Employer must give the Employee a written response within 21 days, stating whether
the Employer agrees to or refuses the request.
If the Employer refuses the request for a review, the written response under clause
14.4 must include details of the reasons for the refusal.
If the Employer agrees to the request, a review of the workload of the Employee or
group of Employee’s will be conducted.
Following the completion of the review, the Employee or group of Employees and the
Employer will agree on any necessary adjustments that are required to be
implemented to ensure the workload for the Employee or group of Employees is
reasonable.
14.
14.1
14.2
14.3
14.4
14.5
14.6
14.7
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Mobility Principles
The Parties agree to interpret and apply this Agreement consistently with the
following principles aimed at promoting workforce mobility:
(a) The work required of a modern career public service is not static but always
changing, due to factors such as new government priorities, population growth,
the pace and scale of technological advancement, changing community service
delivery expectations and the need to respond to evolving complex public policy
problems or crises.
(b) Embracing these changing priorities is essential to providing secure, flexible
employment in the public service. Within the framework of secure employment
(clause 17) and flexibility (clause 8), the Parties acknowledge the importance of
ensuring that VPS Employees can be responsively deployed to support changing
government priorities.
(c) Victoria’s public service is a professional public service and is a career path of
choice. VPS employment careers can go beyond a fixed role with a specific
Employer in a single location. VPS Employees are encouraged to gain relevant,
diverse and evolving skills and experience across the public service, appropriate
for facilitating delivery of government’s priorities as they change over time.
The Parties agree that the principles set out above will be operationalised over the
life of the Agreement, through a range of changed workplace practices, modes of work
and service delivery. These may include, for example but not limited to:
(a) Better matching Employee skills and capabilities to vacant roles in the VPS, such
as through the Jobs and Skills Exchange, and
(b) Reduction of operational and mobility barriers between public service Employers,
and
(c) Facilitation of greater mobility, including through ‘job pools’ for identified
functions, the development of job families and a more advanced approach to
linking skill development, career aspirations and job demand trends, and
(d) Development and implementation of a capability framework to facilitate better
matching of Employee capabilities to operational need, and
(e) A model where ongoing Employees are deployed to priority projects or programs
across the VPS based on their core skills and capabilities, rather than being limited
to a specific function in a specific area, and
(f) Interdisciplinary project teams or joint ventures, which change in size and
composition over time, with shared resources and/or reporting lines outside
traditional hierarchical structures or across departmental boundaries, and
(g) Joined up, client-focused delivery of multiple services with shared or
complimentary outcomes presently provided by distinct operational areas, and
(h) Development of generalist capability to allow strategic deployment of VPS
employees across functional areas with common or universal skill sets, and
Part 4 Employment Relationship and Related Arrangements
15.
15.1
15.2
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(i) A better approach to secondments, and enhanced promotion of and opportunities
for secondments, job shares and other reprioritisation of skills to ensure the right
expertise informs policy and strategy development, and
(j) Building of specialist skills through targeted professional development in growing
sectors, and
(k) Development of communities of practice or networks to better deliver services.
The parties agree that workforce mobility measures are not intended to adversely
affect Employees’ overall employment security within the VPS or otherwise
disadvantage Employees in their employment. In particular:
(a) The Employer will not require an Employee to physically relocate beyond agreed
areas without appropriate consultation and supports as provided for in Clause 21
(Usual Place or Places of Work), and
(b) The Employer will designate a line manager for personal development, wellbeing,
performance assessment and related support. An Employee may report to a
number of different managers for projects or work activities. The line manager
may consult with the Employee’s different project or work activity managers in
assessing an Employee’s performance. The designated line manager will ensure an
Employee’s reporting arrangements are clear, and
(c) Clause 14 – Workload applies in respect of workforce mobility measures, and
(d) An Eligible Employee’s participation in workforce mobility measures will be
regarded favourably and not place that Employee at a disadvantage for the
purposes of performance development and progression at Clause 31
(Performance Development and Progression within a Value Range), and
(e) The Employer will at all times apply the appropriate classification level, and where
applicable, higher duties allowance, to work performed by an Employee, and
(f) The Employer will comply with its obligations under the Agreement (see clauses
8 – 10) and section 65 of the FW Act regarding flexible work arrangements and
will ensure that an Employee’s need for flexible work arrangements is taken into
account in implementing mobility measures, and
(g) The Employer will comply with its obligations under the Agreement and the
Occupational Health and Safety Act 2004 (Vic) when implementing mobility
measures, and
(h) Mobility measures will not disadvantage an Employee in their terms and
conditions of employment,
Mobility Payment
Employees will be paid an annual lump sum mobility payment:
(a) in recognition of the Parties commitment to the mobility principles outlined in
clause 15 (Mobility Principles) of the Agreement, and
(b) in recognition of the fact that the work required of a modern career public service
is not static but always changing, and
15.3
16.
16.1
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(c) to acknowledge Employees are committed to ensuring they can be responsively
deployed to support changing government priorities, and
(d) to encourage Employees to gain relevant, diverse and evolving skills and
experience across the public service to support their capability and career
development.
The mobility payment in the tables below will be made as once off lump sum
payments on the dates specified. Pro-rata payment arrangement applies in the
following circumstances:
(a) part-time Employees based on the number of ordinary hours worked as at the date
specified,
(b) Casual Employees whose regular and systematic engagement encompasses the
date specified for the mobility payment will be eligible to receive the payment on
a pro rata basis, based on their previous 12 months’ work pattern or the period the
casual employee has been employed, whichever is lesser, and
(c) Employees on unpaid leave on the date specified (other than during the first 52
weeks of Parental Leave), based on the duration of the unpaid leave taken by the
Employee.
Otherwise the rate of payment will be at the Employee’s substantive grade and Value
Range on the date specified.
An Employee is eligible to be paid the mobility payment if they are employed on the
date specified regardless of when their employment commenced. Employees who
were not employed on the date specified are not entitled to the mobility payment for
that year.
Where the dates specified for the mobility payment occur on a weekend, public
holiday or another non-working day for an Employee, the Employee will be eligible
for the payment if they were employed on the last ordinary working day immediately
prior to that non-working day.
Employees classified under the following classification structures will be paid an
annual lump sum payment as follows:
(a) VPS Classification – Table 3.
(b) VPS Aligned Classifications - Table 4 sets out the alignment of payments in Table
3.
(i) Legal Officer
(ii) Allied Health
(iii) Science
(iv) Housing Services Officer
(v) Housing Customer Services Officer
(vi) Custodial Officers
(vii) Sheriff’s Officer
16.2
16.3
16.4
16.5
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(viii) Community Corrections Officer
(ix) Fisheries Officer
(x) Court Registrar
(xi) Police Custody Officer
VPS Non-Aligned Classifications. Table 5 sets out the alignment of payments in Table
3.
(i) Child Protection Practitioner Structure – Child Protection Practitioner
Stream,
(ii) Youth Justice, and
(iii) Ministerial Transport Officers.
VPS Non Aligned Classifications. Tables 6-7 sets out mobility payments for the
following classifications:
(i) Table 6 Child Protection Practitioner Structure – Children, Youth and
Families Stream,
(ii) Table 7 Forensic Officers.
Table 3: VPS Classification
Grade Value Range 1 July 2024 1 July 2025 1 July 2026 1 July 2027
VPS 1 1.1 $709 $730 $752 $775
VPS 2
2.1 $836 $861 $887 $913
2.2 $940 $968 $997 $1,027
VPS 3
3.1 $1,063 $1,095 $1,128 $1,162
3.2 $1,166 $1,201 $1,237 $1,274
VPS 4 4.1 $1,349 $1,389 $1,431 $1,474
VPS 5
5.1 $1,516 $1,561 $1,608 $1,656
5.2 $1,660 $1,709 $1,761 $1,813
VPS 6
6.1 $1,967 $2,026 $2,087 $2,149
6.2 $2,251 $2,319 $2,389 $2,460
VPS 7
7.1 $2,559 $2,636 $2,715 $2,797
7.2 $2,834 $2,919 $3,006 $3,096
7.3 $3,108 $3,201 $3,297 $3,396
16.6
16.7
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Table 4: VPS Aligned Classifications
Classification Grade
VPS Value Range
Payment (refer
Table 3)
Legal Officer Articled clerk 2.1
Solicitor 1 2.2
Solicitor 2 VR 1 3.1
Solicitor 2 VR 2 3.2
Solicitor 3 4.1
Senior Solicitor VR 1 5.1
Senior Solicitor VR 2 5.2
Principal Solicitor VR 1 6.1
Principal Solicitor VR 2 6.2
Allied Health Allied Health 1 2.1
Allied Health 2 VR 1 2.2
Allied Health 2 VR 2 3.1
Allied Health 2 VR 3 3.2
Allied Health 3 4.1
Allied Health 4 VR 1 5.1
Allied Health 4 V 2 5.2
Science Science A VR 1 2.2
Science A VR 2 3.1
Science A VR 3 3.2
Science B 4.1
Science C VR 1 5.1
Science C VR 2 5.2
Science D VR 1 6.1
Science D VR 2 6.2
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Classification Grade
VPS Value Range
Payment (refer
Table 3)
Housing Services
Officer
Housing Services Officer 1 2.2
Housing Services Officer 2 VR 1 3.1
Housing Services Officer 2 VR 2 3.2
Housing Services Officer 3 4.1
Housing Customer
Services Officer
Housing Customer Services Officer - Unqualified 2.1
Housing Customer Services Officer – Qualified 1 2.1
Housing Customer Services Officer – Qualified 2 2.2
Custodial Officers COG 1 - Trainee 1
COG 2A – Prison Officer C2a S01 to S08 2.1
COG 2A – Prison Officer C2a S09 to S15 2.2
COG 2B – Senior Prison Officer/Industry Officer
C2b S01 to S06
3.1
COG 2B – Senior Prison Officer/Industry Officer
C2b S07 to S08
3.2
COG 3 – Prison Supervisor/Industry Supervisor
C3 S01 to SO3
3.2
COG 3 – Prison Supervisor/Industry Supervisor
C3 S04 to SO5
4.1
COG 4 – Operations Manager/Industry Manager
C4 S01 to S05
4.1
COG 4 – Operations Manager/Industry Manager
C4 – SU VPS5.1 aligned
5.1
COG 5 – General Manager VPS5.2 aligned 5.2
COG 5 – General Manager VPS6.1 aligned 6.1
COG 6 – Senior General Manager 6.2
COG 7 – Senior General Manager – Major Prison
Facilities. C7 SL
7.1
COG 7 – Senior General Manager – Major Prison
Facilities. C7 SM
7.2
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Classification Grade
VPS Value Range
Payment (refer
Table 3)
COG 7 – Senior General Manager – Major Prison
Facilities. C7 SU
7.3
Sheriff’s Officer Sheriff’s Officer Trainee 2.1
Sheriff’s Officer 2.2
Senior Sheriff’s Officer VPS 3.1.1 to 3.1.6 3.1
Senior Sheriff’s Officer VPS 3.2.1 to 3.2.5 3.2
Supervisor 4.1
Regional Manager (Sheriff’s Operations) 5.1
Regional Manager (Sheriff’s Operations) (Metro
Regions)
5.2
Deputy Sheriff 6.2
Community
Corrections Officer
CCP Level 1 2.2
CCP Level 2 3.1
CCP Level 3 3.2
CCP Level 4 4.1
CPP Level 5 – VPS5.1 5.1
CPP Level 5 – VPS5.2 5.2
CPP Level 6 – VPS6.1 6.1
CPP Level 6 – VPS6.2 6.2
Fisheries Officer Level 1 Fisheries Officer (Trainee) 3.1
Level 2 Fisheries Officer 3.2
Senior Fisheries Officer 4.1
Supervising Fisheries Officer (Value Range 1) 5.1
Supervising Fisheries Officer (Value Range 2) 5.2
Fisheries Manager (Value Range 1) 6.1
Fisheries Manager (Value Range 2) 6.2
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Classification Grade
VPS Value Range
Payment (refer
Table 3)
Court Registrar Entry as a Trainee Registrar – No relevant
qualification
2.1
Entry as a Trainee Registrar – Relevant
Qualification
2.2
Stage 1 Completion 2.2
Qualified Trainee Registrar on completion of stage
2
2.2
Deputy Registrar 2.2
Police Custody
Officer
PCO1 – Trainee 1
PCO2 - Police Custody Officer – VPS 2.1.1 to 2.1.8 2.1
PCO2 - Police Custody Officer – VPS 2.2.1 to 2.2.7 2.2
PCO3 - Police Custody Supervisor – VPS 3.1.1 to
3.1.6
3.1
PCO3 - Police Custody Supervisor – VPS 3.2.1 to
3.2.5
3.2
Table 5: VPS Non-Aligned Classifications
Classification Grade Equivalent VPS
Value Range
Payment (refer
Table 3)
Child Protection –
Child Protection
Practitioner
Child Protection Practitioner CPP2.1 to 2.3 2.1
Child Protection Practitioner CPP2.4 to 2.7 2.2
Child Protection Practitioner CPP3.1 to 3.3 3.1
Child Protection Practitioner CPP3.4 to 3.6 3.2
Child Protection Practitioner CPP4.1 to 4.4 4.1
Child Protection Practitioner CPP5.1 5.1
Child Protection Practitioner CPP5.2 5.2
Child Protection Practitioner CPP6.1 6.1
Child Protection Practitioner CPP6.2 6.2
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Classification Grade Equivalent VPS
Value Range
Payment (refer
Table 3)
Youth Justice Worker Youth Justice Worker YJW1.1 to 1.8 2.1
Youth Justice Worker YJW1.9 to 1.15 2.2
Youth Justice Worker YJW 2.1 to 2.6 3.1
Youth Justice Worker YJW 2.7 to 2.8 3.2
Youth Justice Worker YJW 3.1 to 3.3 3.2
Youth Justice Worker YJW 3.4 to 3.6 4
Youth Justice Worker YJW 4.1 to 4.4 4
Youth Justice Worker YJW 4.5 to 4.8 5.1
Youth Justice Worker YJW 5.1 5.1
Youth Justice Worker YJW 5.2 5.2
Youth Justice Worker YJW 6.1 6.1
Youth Justice Worker YJW 6.2 6.2
Ministerial
Transport Officers
MTO 1 to MTO 7 2.2
MTO 8 3.1
Table 6: Child Protection Practitioner Structure – Children, Youth and Families
Grade Value
Range
1 July 2024 1 July 2025 1 July 2026 1 July 2027
CYF1 $907 $934 $962 $991
CYF2 $1,116 $1,150 $1,184 $1,220
CYF3 $1,291 $1,330 $1,370 $1,411
CYF4 $1,442 $1,485 $1,530 $1,576
CYF5
5.1 $1,516 $1,561 $1,608 $1,656
5.2 $1,660 $1,709 $1,761 $1,813
CYF6
6.1 $1,967 $2,026 $2,087 $2,149
6.2 $2,251 $2,319 $2,389 $2,460
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Table 7: Forensic Officers
Grade 1 July 2024 1 July 2025 1 July 2026 1 July 2027
Forensic Officer 1 $863 $889 $916 $944
Forensic Officer 2 $1,021 $1,052 $1,083 $1,116
Forensic Officer 3 $1,281 $1,320 $1,359 $1,400
Forensic Officer 4 $1,448 $1,492 $1,537 $1,583
Forensic Officer 5 $1,674 $1,724 $1,776 $1,829
Forensic Officer 6 $1,965 $2,024 $2,084 $2,147
Forensic Officer 7 $2,274 $2,342 $2,412 $2,485
Secure Employment
The Employer acknowledges the positive impact that secure employment has on
Employees and the provision of quality services to the Victorian community.
The Employer will give preference to ongoing forms of employment over casual and
fixed term arrangements wherever possible.
If the Union or affected Employees identify fixed term or casual employment that is
considered not to meet the criteria established in clause 18 or 19, the Union or
affected Employees will refer the matter to the Employer. If the Parties cannot resolve
the matter, it will be dealt with under clause 13 (Resolution of Disputes).
Use of Fixed Term Employment
The Employer will not use fixed term contracts for the purpose of undermining the
job security or conditions of full-time ongoing Employees.
Subject to the exceptions in clause 18.4, fixed term appointments will be for a
maximum of three years’ duration.
In accordance with the principle set out in clause 18.1, the use of fixed term
employment in all areas covered by this Agreement is limited to:
(a) replacement of Employees during a temporary absence of another Employee, for
example because:
(i) an Employee is on approved leave; or
(ii) the Employee is filling a vacancy, resulting from another Employee
undertaking a temporary assignment or secondment; or
(b) undertaking essential work during a peak demand period; or
(c) undertaking work during emergency circumstances; or
17.
17.1
17.2
17.3
18.
18.1
18.2
18.3
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(d) undertaking a distinct and identifiable task involving specialised skills, which is
funded for a specified period; or
(e) a contract in relation to a training arrangement; or
(f) Senior Technical Specialist, Principal Scientist, Senior Regulatory Analyst or Senior
Medical Adviser roles; or
(g) temporarily filling a vacancy where:
(i) following an appropriate selection process, a suitable ongoing Employee is
not available; or
(ii) the Employee is filling a vacant role whilst a review of the area is undertaken.
Fixed term appointments will be for a maximum of three years except:
(a) in exceptional or unforeseen circumstances, or
(b) where clause 18.3(g) applies, in which case the maximum duration will be 12
months, or
(c) where the fixed term engagement arises backfilling another employee who is on
Parental Leave (Clause 62), or
(d) where the Employee is engaged as a Senior Technical Specialist, Principal Scientist,
Senior Regulatory Analyst or Senior Medical Officer, in which case the Employer is
permitted one extension beyond the three-year maximum for a further period of
no more than 12 months, or
(e) where the Employee is engaged to undertake a distinct and identifiable task
involving specialised skills, which is funded for a specified period in accordance
with clause 18.3(d), and the funding is payable for a period of more than 3 years
and there are no reasonable prospects that the funding will be renewed after the
end of that period, the Employer is permitted one extension beyond the three year
maximum for a further period of no more than 12 months, or
(f) for an Employee who is posted overseas or
(g) for an Employee who is engaged under the contract in relation to a training
arrangement of longer than three years duration.
If a fixed term appointment exceeds the limitations described in this clause the
Employer will be required to make the Employee an offer of ongoing employment in
accordance with clause 18.6.
Process for conversion where fixed term employment in the same or a
substantially similar position exceeds three years duration
(a) Notwithstanding clause 18.1 to 18.5, where the Employer seeks to engage an
Employee beyond the limitations described in this clause, the Employer is required
to offer the Employee ongoing employment, prior to the conclusion of the
Employee’s fixed term contract, except in the following circumstances:
(i) there are reasonable business grounds not to do so (see clause 18.6(b)), or
(ii) in exceptional or unforeseen circumstances.
18.4
18.5
18.6
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(b) For the purposes of clause 18.6(a)(i), and without limitation, reasonable business
grounds include the following:
(i) there is no ongoing vacancy or funding for an ongoing position at the same
VPS classification or equivalent available in which to place the Employee to
undertake the same or similar work that they were performing in the fixed
term position; or
(ii) the Employee’s position will cease to exist in the coming 12 months.
(c) Where an Employer is required to make an offer to convert to ongoing
employment under this clause, the offer of ongoing employment must:
(i) be made in writing; and
(ii) be an offer to convert to ongoing employment at the same VPS Classification
or equivalent as the Employee’s fixed term role; and
(iii) be consistent with the Employee’s existing number of ordinary hours; and
(iv) be given to the Employee at least 21 days before their fixed term
employment has reached its maximum duration under this clause.
(d) In the event that the Employer is not required to make an offer under clause
18.6(a), the Employer must give written notice to the Employee. The notice must:
(i) advise the Employee that the Employer is not making an offer of ongoing
employment; and
(ii) provide details of the reasons for not making the offer, including the
reasonable business grounds and/or details of any exceptional or
unforeseen or other circumstances that apply; and
(iii) be given to the Employee at least 21 days before their fixed term
employment has reached its maximum duration under this clause.
(e) If the Employer fails to make an offer of ongoing employment to an eligible fixed
term Employee, the Employee may request in writing conversion to ongoing
employment. Approval to convert to ongoing employment will not be withheld
unless one of the exceptions in clause 18.4 applies and doing so would be
consistent with clause 18.6(b).
(f) An Employer will not seek to do any of the following with the intention of avoiding
its conversion obligations under this clause:
(i) terminating employment, or
(ii) delaying the re-engagement of an Employee, or
(iii) not re-engaging an Employee but instead engage another person to perform
the same or substantially similar work, or
(iv) change the nature of the work or tasks an Employee is asked to perform.
Transitional Arrangements – Fixed Term
(a) The Parties agree that the arrangements clause 18 will apply to new or extended
fixed term contracts entered into from the commencement of the Agreement.
18.7
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(b) The Parties agree that for the purposes of the fixed term conversion arrangements
outlined in clause 18.6, new or extended contracts entered into on or after 6
December 2023, will count towards determining an Employee’s eligibility for
conversion under this clause.
(c) For fixed term contracts entered into on or after 6 December 2023 but before the
commencement of the Agreement, eligibility for conversion for eligible employees
will arise at the point the contract is renewed or extended after the
commencement of the Agreement.
Use of Casual Employment
The Employer will not use casual labour for the purpose of undermining the job
security of ongoing Employees, for the purpose of turning over a series of casual
workers to fill an ongoing employment vacancy, or as a means of avoiding obligations
under this Agreement.
In accordance with the principle set out in clause 19.1, the employment of casuals in
all areas covered by this Agreement is limited to meeting short-term work demands
or specialist skill requirements which are not continuing and would not be
anticipated to be met by existing Employee levels.
Casual employment will be for not less than three consecutive hours in any day
worked except:
(a) where the Employee works from home by agreement with the Employer; or
(b) with the agreement of the Employee.
Except as expressly provided for, all other provisions of this Agreement apply to
casual Employees.
Casual Conversion
(a) Subject to the operation of clause 19.5(b), the Employer must make an offer of
ongoing employment to a currently employed casual Employee under this clause
if the Employee has 12 months continuous service and has been employed on a
regular and systematic basis for at least the last six months, and the Employee
could continue to work as a full or part-time Employee (as the case may be)
without significant adjustment. The offer of ongoing employment must be:
(i) made in writing; and
(ii) an offer to convert to ongoing employment at the same VPS Classification or
equivalent as the Employee’s casual role; and
(iii) consistent with the Employee’s existing pattern of hours over the previous
six months; and
(iv) subject to the transitional arrangements in clause 19.6, given to the
Employee within the period of 21 days after the Employee has reached 12
months continuous service.
(b) Notwithstanding clause 19.5(a), the Employer is not required to make an offer
under that clause to an Employee if there are reasonable business grounds not to
do so (see clause 19.5(d)) or if the Employee has been continuously employed for
19.
19.1
19.2
19.3
19.4
19.5
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12 months but has not been employed on a regular and systematic basis for at least
the last six months.
(c) In the event that the Employer is not required to make an offer under clause
19.5(a), the Employer must give written notice to the Employee. The notice must:
(i) advise the Employee that the Employer is not making an offer of ongoing
employment; and
(ii) provide details of the reasons for not making the offer, including any
reasonable business grounds; and
(iii) be given to the Employee within the period of 21 days after their continuous
service has reached 12 months duration.
(d) For the purposes of clause 19.5(b), and without limitation, reasonable business
grounds include the following:
(i) that the Employee’s position will cease to exist in the coming 12 month
period; or
(ii) that the hours of work which the Employee is required to perform will be
significantly reduced in the coming 12 month period; or
(iii) that there will be a significant change in either the days or times at which the
Employee’s hours of work are required to be performed in the coming 12
month period, which cannot be accommodated within the Employee’s
availability; or
(iv) that making the offer would be inconsistent with the section 8 of the PAA
(Public Sector Employment Principles).
(e) Where the Employer makes an offer of ongoing employment to a casual Employee,
the Employee must respond in writing within 21 days stating whether the
Employee accepts or declines the offer. If the Employee does not provide a written
response within 21 days, the Employee will be taken to have declined the offer.
(f) If the Employer fails to make an offer of ongoing employment to an eligible casual
Employee, the Employee may request in writing conversion to ongoing
employment. Approval to convert to ongoing employment will not be withheld
unless one of the exceptions in clause 19.5(b) applies.
Transitional Arrangements – Casual Conversion
The Employer will have six months from the commencement of the Agreement, to
review the service history of existing casual Employees to determine if the casual
conversion arrangements in clause 19.5 apply and if so, to take the necessary action
in order to comply with those conversion requirements.
Employment Categories and Entitlements
Basis of Employment
Employees may be employed on:
(a) an ongoing basis; or
19.6
20.
20.1
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(b) a fixed term basis; or
(c) a casual basis.
Job Information
(a) As soon as practicable after the commencement of employment, the Employee will
be provided in writing or electronically with details of the job title, classification
level and job statement for their position.
(b) A fixed term Employee must be provided in writing or electronically the reason for
their fixed term employment consistent with clause 18.
(c) The Employee will carry out the duties described in the job statement and such
other duties as directed consistent with their skills and classification descriptors.
(d) The Employer will provide the Employee with a copy of this Agreement and
information regarding the role of Unions and/or Workplace Delegates under the
terms of this Agreement.
(e) The Employer will ensure that an induction process is developed and maintained
for the purpose of educating new Employees about Agency structures and policies
within the framework of employment in the VPS. The Employer will ensure that
Unions are provided with an opportunity to explain their role and functions in
consultative and dispute resolution processes provided for under this Agreement.
Probationary Period – New Employee
(a) New Employees, other than casual Employees, commence employment on a
probationary basis for a period of six months (the Probationary Period).
(b) In this clause, ‘New Employee’ means an Employee on their commencement of
employment with the VPS. ‘New Employee’ does not include an Employee with six
months or more continuous employment in the VPS.
(c) The Probationary Period of a New Employee is reduced by any period of
continuous employment in the VPS, immediately preceding the commencement of
employment, including any fixed term employment but not including casual
employment.
(d) For the purpose of clause 20.3(c), in determining whether there has been a break
in service, the Employer will reasonably consider short breaks between periods of
service. A short break in service, including one caused by a pattern of work, will
be treated as if there had been no break in service, provided the Employee advises
the previous and new Employers prior to ceasing employment, where practicable.
(e) Performance during probation
If the Employer identifies conduct or performance issues during the probationary
period, the Employer will counsel the Employee during the Probationary Period in
relation to their conduct or performance and provide a written record of such
counselling to the Employee.
20.2
20.3
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(f) Confirmation of employment
Unless the employment is terminated earlier in accordance with clause 20.3(g),
at the completion of the Probationary Period the Employee’s employment is
confirmed.
(g) Termination of Employment
(i) A probationary Employee may resign at any time by giving a minimum of
two weeks written notice to the Employer, or a shorter period that is agreed
with the Employer.
(ii) In the event that the Employee’s conduct or performance during the
Probationary Period is unsatisfactory, the Employer may terminate the
probationary Employee’s employment by giving two weeks’ notice or two
weeks’ pay in lieu of notice.
(iii) Any notice period must be given no later than two weeks’ prior to the end of
the Probationary Period. Alternatively, the Employee’s employment may be
terminated by giving two weeks’ pay in lieu of notice prior to the end of the
Probationary Period.
(iv) A probationary Employee’s employment may be terminated without notice
or payment in lieu of notice if the Employee has committed any act of serious
misconduct (as defined in regulation 1.07 of the Fair Work Regulations
2009).
(v) An Employee’s absence from work for any period during the Probationary
Period does not inhibit the Employer from terminating the Employee’s
employment under this subclause.
Part-time Employment
(a) Provisions relating to salary, leave and all other entitlements contained within this
Agreement apply to part-time Employees on a pro rata basis calculated on the
number of ordinary hours worked.
(b) Part-time employment is for not less than three consecutive hours in any day
worked except:
(i) if the Employee works from home by agreement with the Employer; or
(ii) with the agreement of the Employee.
(c) Part-time employment may be worked only by agreement between the Employee
and the Employer, where that agreement includes a roster specifying:
(i) the days in each fortnight the Employee will work; and
(ii) the start and finish times on the days which the Employee will work; and
(iii) the number of hours the Employee will work on each day they work; and
(iv) agreed processes for the variation of hours of work.
(d) Rostered hours agreed under clause 20.4(c) will be considered the Employee’s
ordinary hours.
20.4
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Usual Place or Places of Work
The Employer must determine a usual place or places of work for an Employee.
The Employer may change an Employee’s usual place or places of work, on either a
temporary or permanent basis, in accordance with this clause.
For any change to an Employee’s usual place or places of work:
(a) The Employer must consider any alternative proposal put by an Employee who
can demonstrate hardship in their personal circumstances arising from the
change; and
(b) The Employer must consider any disabilities the Employee may have and whether
because of that, the Employee would be adversely affected by a change to work
location; and
(c) The Employer must ensure that any mobility aids or reasonable adjustments in
place for an Employee continue at the new place or places of work.
Definitions
(a) Work Area means the Melbourne CBD or a Suburb or Regional Town
(b) Melbourne CBD means any location on or within the areas:
(i) from Flinders Street to Queensberry Street; and
(ii) from Spencer Street to Lansdowne Street; and
(iii) from the corner of Queensberry and Peel Street south to the Queen Victoria
Market and along Dudley Street to Spencer Street; and
(iv) along Victoria Street to Rathdowne Street; and
(v) the Docklands; and
(vi) Southbank;
or a location in close proximity to any of these areas.
(c) Suburb or Regional Town means the area covered by the official postal
subdivisions which apply to the location and any adjacent Suburb or Town which
is within close proximity to the location.
Temporary change to usual place or places of work
(a) Temporary change to usual place or places of work within a Work Area
The Employer may change the usual place or places of work of an Employee within
a Work Area by providing the Employee with at least 24 hours’ notice, or a lesser
period if agreed.
(b) Temporary change to usual place or places of work to a different Work Area
(i) The Employer may change the usual place or places of work of an Employee
to a different Work Area on a temporary basis, by providing the Employee
with at least two weeks’ notice, or a lesser period if agreed.
21.
21.1
21.2
21.3
21.4
21.5
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(ii) Any additional travelling time for the Employee arising from the change will
be regarded as time worked.
(iii) The Employer must have regard to the Employee’s practicable commuting
options and personal circumstances, including childcare arrangements, in
implementing the change.
Permanent change to usual place or places of work which does not require
residential relocation
(a) Permanent change to usual place or places of work within a Work Area
The Employer may permanently change an Employee’s usual place or places of
work within a Work Area by providing two weeks’ notice or a lesser period if
agreed. The Employer must also pay the applicable disturbance allowance at
clause 21.6(c).
(b) Permanent change to usual place or places of work to a different Work Area
(i) The Employer may permanently change an Employee’s usual place or places
of work to a different Work Area by:
• providing notice as set out in clause 21.6(b)(iii), or a lesser
period if agreed, and
• payment of the applicable disturbance allowance at clause
21.6(c)in compensation for all disturbance factors arising from
the change.
(ii) The Employer must have regard to the Employee’s practicable commuting
options and personal circumstances, including childcare arrangements, in
implementing the change.
(iii) The minimum notice period required for a permanent change to the usual
place or places of work to a different Work Area is outlined in the table
below.
Table 8: Notice provide for a permanent change to usual place or places of work to a different Work Area
Distance/Time Total notice period required
For the first 30 mins of additional daily travel
time required or 30 kilometres additional
daily distance or part thereof
2 weeks
For between 31-60mins of additional daily
travel time or 60 kilometres additional daily
distance or part thereof
4 weeks
For over 61mins of additional daily travel
time or over 90 kilometres additional daily
distance or part thereof
5 weeks
21.6
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(c) Disturbance allowance
(i) The Employee is entitled to a once only allowance in compensation for all
disturbance factors arising from the change in accordance with clause 21.6.
The Employee will be paid for extra daily travel the greater of the distance
or time calculation set out in the table below, based on the most direct route
to the new usual place or places of work.
(ii) Extra daily travel is the difference in distance/travel time when comparing
the current distance/travel time from the Employee’s current residence to
the current place/places of work with the distance/travel time from the
Employee’s current residence to the proposed place/places of work.
Table 9 - Disturbance allowance for extra travel distance or time per day
Date of effect
1 May 2024 1 May 2025 1 May 2026 1 May 2027
1. Fewer than 10 kilometres extra distance travelled
No allowance payable
2. 10 kilometres or more for the first 30 mins of extra travel time required or 30
kilometres distance or part thereof
$1,645 $1,694 $1,745 $1,797
3. 31-60mins of extra travel time or 60 kilometres extra distance or part thereof
$3,290 $3,389 $3,491 $3,596
4. 61-90mins of extra travel time or 90 kilometres extra distance or part thereof
$4,935 $5,083 $5,235 $5,392
5. 91-120mins or more of extra travel time or 120 kilometres or more of extra
distance or part thereof
$6,580 $6,777 $6,980 $7,189
6. Each extra 30 minutes or 30 kilometres or part thereof beyond that provided for
above, where it is reasonable and safe for the Employee to travel to the new work
location
$1,645 $1,694 $1,745 $1,797
Permanent relocation of the usual place of work requiring residential relocation
(a) Residential Relocation principles
Where the Employer changes the Employee’s usual place or places of work from one
work location to another and it is reasonable and necessary for an Employee to move
residence as a result, the Employee will be entitled to:
21.7
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(i) up to three days’ paid leave associated with the relocation; and
(ii) the reimbursement of reasonable expenses associated with the relocation as
per clause 21.7(b).
The types of expenses agreed to be reimbursed are to be agreed in-principle
between the Employer and Employee prior to the relocation of the usual place or
places of work.
(b) Reasonable relocation expenses
Relocation expenses include reasonable expenses directly incurred by the
Employee and their family as a result of:
(i) the journey to the new location, including meals and accommodation;
(ii) removal, storage and insurance; and
(iii) selling and purchasing of a comparable residence.
Employee initiated changes to the usual place or places of work.
(a) Flexible Work Arrangements – Employee Requests for change to usual place
or places of work.
An Employee may request a change to their usual place or places of work in accordance
with Clause 10 (Flexible Work Arrangements – Specific Circumstances).
(b) Reimbursement of expenses
(i) The Employer may, reimburse the reasonable relocation expenses of the
successful applicant, upon acceptance of the role, where the Employer
considers that it is reasonable and necessary for an Employee to move
residence in order to commence in the role, due to a promotion or transfer
as a result of an advertised vacancy or redeployment. Any reasonable
relocation expenses (including the quantum) should be agreed between the
Employer and Employee prior to any relocation.
(ii) The Employer should advise the Employee of the availability of any
relocation expenses that may be available when discussing the offer of
employment with the successful candidate. Employees should not apply for
roles or incur relocation expenses with the expectation they will be covered
by the Employer, without first consulting the Employer.
Termination of Employment
Termination by Employer
Subject to this Agreement the Employer may only terminate the employment of an
Employee for the reasons outlined in section 33 of the PAA.
Notice of termination by Employer
(a) In order to terminate the employment of an Employee, other than a casual
Employee, the Employer must give to the Employee the following notice period:
21.8
22.
22.1
22.2
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Table 10: Notice of termination by Employer
Employee’s period of continuous service with the
Employer
Minimum period of
notice
No more than 3 years 2 weeks
More than 3 years 4 weeks
(b) In addition to this notice, Employees over 45 years of age at the time of the giving
of the notice with not less than two years continuous service are entitled to an
additional week’s notice.
(c) Payment in lieu of the notice will be made if the Employer notifies the Employee
that the Employer does not require the Employee to work the entirety of the
applicable notice period. Employment may be terminated by the Employee
working part of the required period of notice and by the Employer making
payment for the remainder of the period of notice.
(d) In calculating any payment in lieu of notice, the Employer will use the salary an
Employee would have received for the ordinary time they would have worked
during the period of notice had their employment not been terminated.
(e) The period of notice in this clause will not apply to dismissal for serious
misconduct.
Employee Resignation
(a) Unless otherwise agreed by the Employer and an Employee, an Employee other
than a probationary Employee may resign at any time by giving a minimum of four
weeks' written notice to the Employer.
(b) In the event an Employee resigns and elects to leave before serving the required
notice period, the balance of the notice period not served will not be paid out by
the Employer.
Abandonment of Employment
(a) Abandonment of employment is the unapproved absence of an Employee without
reasonable grounds as described in clause 22.4(b).
(b) The Employer is entitled to regard the employment of an Employee as abandoned
if:
(i) the Employee has been absent for more than 20 working days without the
approval of the Employer; and
(ii) the Employee has not provided the Employer with a reasonable explanation
for their absence; and
(iii) the Employer, after having made reasonable inquiries, could not reasonably
be aware of any reasonable grounds for the absence.
(c) Abandonment of employment constitutes grounds for termination by the
Employer if the employment has not otherwise ended.
22.3
22.4
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(d) If the Employer terminates an Employee’s employment due to abandonment of
employment, the Employer will provide notice of termination or pay in lieu of
notice in accordance with clause 22.2.
Statement of Employment
(a) The Employer must, on receipt of a request from an Employee whose employment
will cease or has ceased, provide to the Employee a written statement specifying
the period of their employment and the classification of or the type of work
performed by the Employee.
(b) Where the Employer terminates an Employee's employment, the Employer must,
at the Employee’s request, provide a written statement of the reasons for
dismissal.
Rights Not Limited
This clause does not limit the rights of Employees to pursue any other legal remedy in
respect of termination of employment.
Costs of Employment Related Legal Proceedings
If an Employee is required to attend or participate in a proceeding, hearing,
examination, inquiry or investigative process on matters which arise from the
performance of the Employee’s duties, the Employer must meet the Employee’s
reasonable legal costs relating to the Employee’s appearance and legal representation
in the matter. This includes, but is not limited to, a matter before a Royal Commission,
Independent Broad-based Anti-Corruption Commission, Ombudsman’s or a Coroner’s
inquest.
Where legal proceedings are initiated against an Employee as a direct consequence of
the Employee legitimately and properly performing their duties, the Employer will
not unreasonably withhold agreement to meet the Employee’s reasonable legal costs
relating to the defence of such proceedings.
Where, as a direct consequence of the Employee legitimately and properly performing
their duties, it is necessary to obtain an intervention order or similar remedy against
a person, the Employer will not unreasonably withhold agreement to meet the
Employee’s reasonable legal costs in obtaining the order or other remedy.
An Employee’s immediate supervisor must ensure that an application to meet
reasonable legal costs will be referred to the appropriate person or body to enable
the application to be decided expeditiously.
This clause does not require the Employer to meet any Employee legal costs incurred
in response to an employment related act, process or decision of the Employer.
Working From Home
Working from home arrangements may be agreed between the Employer and an
individual Employee on a case by case basis, having regard to clause 8 of the Agreement.
22.5
22.6
23.
23.1
23.2
23.3
23.4
23.5
24.
24.1
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Redeployment
Redeployment Principles are set out in Schedule A.
Management of Unsatisfactory Work Performance
The purpose of this clause is to:
(a) support Employees with unsatisfactory work performance to improve their
performance to the required standard; and
(b) ensure that unsatisfactory work performance is addressed expeditiously; and
(c) reflect the public sector values of integrity, impartiality, accountability and respect
with the aim of ensuring that Employees are treated fairly and reasonably;
(d) ensure Employees are treated fairly and reasonably regardless of their gender or
any other Attribute; and
(e) provide a fair and transparent framework for action to be taken where an
Employee continues to perform below the Employer’s expected standard.
Application
(a) Subject to applicable Victorian and federal legislation, action taken by the
Employer in relation to unsatisfactory work performance will be consistent with
this clause.
(b) This clause applies to all Employees except casual Employees and Employees
subject to a probationary period of employment.
Referred unsatisfactory work performance matters
The Employer may at any time elect, where there is reasonable cause, to manage the
Employee’s work performance in accordance with clause 27 (Management of
Misconduct). Once an election has been made by the Employer under this clause, any
matters that have arisen under the process in this clause may be considered in the
process pursuant to clause 27 (Management of Misconduct).
Meaning of unsatisfactory work performance
An Employee’s work performance is unsatisfactory if the Employee fails to behave in the
ways described in the Code of Conduct for Victorian Public Sector Employees as issued
under section 61 of the Public Administration Act 2004 or perform to the required
standards or expectations of their role.
Procedural fairness to apply
(a) The process for managing unsatisfactory work performance will be consistent
with the principles of procedural fairness.
(b) All parties involved in the process will commit to completing it as quickly as
practicable.
(c) Before commencing formal unsatisfactory work performance processes, the
Employer must:
25.
26.
26.1
26.2
26.3
26.4
26.5
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(i) tell the Employee the purpose of the meeting; and
(ii) provide the Employee with a copy of the formal unsatisfactory work
performance process to be followed as outlined in clause 26.9; and
(iii) provide a reasonable opportunity for the Employee to seek advice from the
Union or a representative of their choice before the unsatisfactory work
performance process commences; and
(iv) allow the Employee the opportunity to provide details of any mitigating
circumstances.
(d) The Employer must take into account any reasonable explanation of any failure by
the Employee to participate before making a decision under this clause 26.
Employee Representation
An Employee is entitled to be represented by a person of their choice (including a Union
representative) at any stage of the formal review meetings of the unsatisfactory work
performance management process.
Prior to commencing the process
Prior to commencing the formal unsatisfactory work performance process, the Employer
must:
(a) consider organisational or personal factors that play a role in the Employee’s
unsatisfactory work performance and consider alternatives to the unsatisfactory
work performance process to address the problem; and
(b) have a reasonable expectation that the Employee is capable of meeting the
required level of performance. If the Employer and Employee agree that the
Employee is not capable of meeting the required level of performance the
Employer may reassign the Employee to a suitable alternative position where
reasonably practicable. The suitable alternative position may be at a lower grade
should both the Employer and Employee agree.
Commencing the formal unsatisfactory work performance process
Where the Employer considers that informal attempts to address an Employee’s
unsatisfactory work performance have been unsuccessful, the Employer may proceed to
formally manage the Employee’s unsatisfactory work performance in accordance with,
but not limited to, all or some of the following measures:
(a) increased supervision; or
(b) changes to the Employee’s performance plan; or
(c) mentoring; or
(d) training and professional development; or
(e) increased feedback; or
(f) coaching; or
(g) performance improvement plan.
26.6
26.7
26.8
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First stage – formal counselling
(a) The first stage of formal management of unsatisfactory work performance is
formal counselling of the Employee. The Employer must:
(i) advise the Employee of the unsatisfactory work performance and confirm
the commencement of the formal counselling stage; and
(ii) outline the standard required of the Employee; and
(iii) provide the Employee with an opportunity to respond within a reasonable
timeframe; and
(iv) provide the Employee with an opportunity to improve within a reasonable
timeframe.
(b) The Employee will be advised of the consequences of not improving their
performance within a reasonable period of time and of engaging in any further
unsatisfactory work performance.
(c) A record of the formal counselling session will be placed on the Employee’s
personnel file.
(d) The formal counselling record must indicate:
(i) the standard expected of the Employee; and
(ii) where and how the Employee is not meeting this standard; and
(iii) the consequences if the Employee fails to improve their performance
including that continued or repeated unsatisfactory work performance may
result in termination of the Employee’s employment.
(e) If the Employer determines that the Employee has met the required standard of
performance during the reasonable timeframe referred to in clause 26.9(a)(iv)
the Employer will notify the Employee that:
(i) the formal unsatisfactory work performance process has been completed;
and
(ii) no further action will be taken by the Employer unless the Employee engages
in continued or repeated unsatisfactory work performance, in which case
the formal unsatisfactory work performance process may continue to the
next stage.
A copy of this notification will be placed on the Employee’s personnel file.
Second stage – formal written warning
(a) The Employee will be given a formal written warning by the Employer, if:
(i) the Employee’s performance has not improved within the reasonable period
following formal counselling in accordance with clause 26.9(a)(iv); and/or
(ii) the Employee engages in further unsatisfactory work performance.
(b) The Employer must:
(i) advise the Employee of the unsatisfactory work performance; and
26.9
26.10
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(ii) outline the standard required of the Employee; and
(iii) provide the Employee with an opportunity to respond within a reasonable
timeframe; and
(iv) provide the Employee with an opportunity to improve within a reasonable
timeframe.
(c) The formal written warning must indicate:
(i) the standard expected of the Employee; and
(ii) where and how the Employee is not meeting this standard; and
(iii) the consequences if the Employee fails to improve their performance
including that continued or repeated unsatisfactory work performance may
result in termination of the Employee’s employment.
(d) The written warning will be placed on the Employee’s personnel file.
(e) If the Employer determines that the Employee has met the required standard of
performance during the reasonable timeframe referred to in clause 26.10(b)(iv),
the Employer will notify the Employee that:
(i) the formal unsatisfactory work performance process has been completed;
and
(ii) no further action will be taken by the Employer unless the Employee engages
in continued or repeated unsatisfactory work performance, in which case
the formal unsatisfactory work performance process may continue to the
next stage.
(f) A copy of this notification will be placed on the Employee’s personnel file.
Third stage – final warning
(a) The Employee will be given a final written warning by the Employer if:
(i) the Employee’s performance has not improved within the reasonable time
period following receipt of a formal written warning in accordance with
clause 26.10(b)(iv); or
(ii) the Employee engages in further unsatisfactory work performance.
(b) The Employer must:
(i) advise the Employee of the unsatisfactory work performance; and
(ii) outline the standard required of the Employee; and
(iii) provide the Employee with an opportunity to respond within a reasonable
timeframe; and
(iv) provide the Employee with an opportunity to improve within a reasonable
timeframe.
(c) The final written warning must indicate:
(i) the standard expected of the Employee; and
26.11
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(ii) where and how the Employee is not meeting this standard; and
(iii) the consequences if the Employee fails to improve their performance
including that continued or repeated unsatisfactory work performance may
result in termination of the Employee’s employment.
(d) The final written warning will be placed on the Employee’s personnel file.
(e) If the Employer determines that the Employee has met the required standard of
performance during the reasonable timeframe referred to in clause 26.11(b)(iv),
the Employer will notify the Employee that:
(i) the formal unsatisfactory work performance process has been completed;
and
(ii) no further action will be taken by the Employer unless the Employee engages
in continued or repeated unsatisfactory work performance, in which case
the formal unsatisfactory work performance process may continue to the
next stage.
(f) A copy of this notification will be placed on the Employee’s personnel file.
Determination of unsatisfactory work performance outcome
(a) In the event that the Employee’s performance has not improved within the
reasonable time period following the process set out in clauses 26.9 and 26.10
and on receipt by the Employee of the final written warning in accordance with
clause 26.11, the Employer will advise the Employee of the Employee’s continued
or repeated unsatisfactory work performance and provide the Employee with a
reasonable opportunity to respond.
(b) After considering the Employee’s performance and response (including any failure
to respond in accordance with clause 26.12(a), the Employer will determine the
unsatisfactory work performance outcome that is to apply to the Employee.
(c) The possible outcomes are:
(i) assignment of the Employee with or without their agreement to a role at a
classification level or Value Range lower than the Employee’s current
classification level or Value Range; or
(ii) termination of the Employee’s employment.
(d) The Employer will advise the Employee of the unsatisfactory work performance
outcome in writing and a copy will be placed on the Employee’s personnel file.
Disputes
Any dispute arising under this clause may only be dealt with in accordance with clause
13 (Resolution of Disputes) when any of the following are placed on the Employee’s
personnel file in accordance with this clause (this may include whether clause 26.5 has
been complied with in the Employer coming to a decision):
(a) a record of formal counselling; or
(b) a formal written warning; or
(c) a final written warning; or
26.12
26.13
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(d) a notification given to the Employee pursuant to clauses 26.9(e), 26.10(e) or
26.11(e); or
(e) a record of unsatisfactory work performance outcome.
Management of Misconduct
The purpose of this clause is to:
(a) establish procedures for managing misconduct or alleged misconduct of an
Employee; and
(b) provide for Employee alleged misconduct to be investigated and addressed
expeditiously and with minimal disruption to the workplace; and
(c) reflect the public sector values of integrity, impartiality, accountability and respect
with the aim of ensuring that Employees are treated fairly and reasonably; and
(d) manage the Employee’s performance in accordance with this clause 27 instead of
clause 26 (Management of Unsatisfactory Work Performance) where the
Employer determines that it would be more appropriate.
Application
(a) Subject to applicable Victorian and federal legislation, action taken by the
Employer in relation to misconduct will be consistent with this clause.
(b) This clause applies to all Employees except casual Employees and Employees
subject to a probationary period of employment.
Meaning of misconduct
For the purposes of this clause, misconduct includes:
(a) a contravention of a provision of the PAA (Vic), the regulations to that Act, a
binding code of conduct or a provision of any statute or regulation that applies to
the Employee in the Employee’s employment; or
(b) improper conduct in an official capacity; or
(c) a contravention, without reasonable excuse, of a lawful direction given to the
Employee as an Employee by a person authorised to give that direction; or
(d) an Employee making improper use of their position for personal gain; or
(e) an Employee making improper use of information they acquired by virtue of their
position to gain personally, or for anyone else, financial or other benefits or to
cause detriment to the VPS or the public sector.
Referred matters under clause 26
Any matters that have arisen under the management of unsatisfactory work
performance process in clause 26 may be considered in the misconduct process
pursuant to this clause 27.
Employee representation
27.
27.1
27.2
27.3
27.4
27.5
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An Employee is entitled to be represented by a person of their choice (including a
Union representative) at any stage of the misconduct process.
Procedural fairness to apply
(a) The process for managing Employee misconduct will be consistent with the
principles of procedural fairness.
(b) All parties involved in the misconduct process will commit to completing it as
quickly as practicable.
(c) The Employer will:
(i) advise the Employee of the purpose of any meetings; and
(ii) provide the Employee with a copy of the formal process to be followed; and
(iii) provide a reasonable opportunity for the Employee to seek advice from the
Union or a representative of their choice at any stage of the misconduct
process; and
(iv) allow the Employee the opportunity to provide details of any mitigating
circumstances.
(d) The Employer must take into account any reasonable explanation of any failure by
the Employee to participate before making a decision under this clause 27.
Directions
(a) Where Employee misconduct is alleged, the Employer may do any of the following:
(i) make an initial assessment of the alleged misconduct before commencing
the formal process to determine if an investigation is required in accordance
with clause 27.10; and/or
(ii) determine that it is appropriate to immediately commence an investigation
of the alleged misconduct in accordance with clause 27.10; and/or
(iii) direct the Employee to proceed immediately to perform alternative duties
or work at an alternative place of work; and/or
(iv) direct the Employee not to speak to other Employees of the Employer about
the matter or not to visit certain places of work; and/or
(v) suspend the Employee with pay.
(b) In the event that the Employer suspends the Employee with pay under clause
27.7(a)(v), the Employer will:
(i) review this decision no later than a date which is four weeks after the
commencement of the suspension; and
(ii) confirm whether the suspension is to continue or is no longer necessary.
(c) The Employer will continue to review any decision regarding an Employee’s
suspension every four weeks thereafter, until the end of the misconduct process in
accordance with this clause 27.
27.6
27.7
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Advising the Employee
(a) As soon as practicable after an allegation of misconduct has been made and the
Employer has determined in accordance with clause 27.7(a)(i) or clause
27.7(a)(ii) that an investigation is required, the Employer will advise the
Employee of the alleged misconduct in writing.
(b) The written advice will contain the allegation/s of misconduct made about the
Employee. Relevant information will only be withheld where it is necessary to
withhold that information in order to protect the personal privacy of any other
person consistent with Federal or State legislation.
Admissions by Employee
(a) The Employee may at any stage elect to admit the alleged misconduct.
(b) If the Employee admits the alleged misconduct, the Employer may:
(i) determine that further investigation is required (for example to investigate
partial admissions, mitigating circumstances or other relevant issues); or
(ii) may proceed immediately to the determination of the misconduct clause
27.12 by advising the Employee of the proposed discipline outcome and
giving the Employee a reasonable opportunity to respond to the findings in
accordance with clause 27.11.
Investigation of alleged misconduct
(a) Where an investigation is required, the Employer will appoint a person to conduct
an investigation into the alleged misconduct. Where appropriate, the investigation
may be conducted by the Employee’s immediate manager. The appointed person
must not have any prior personal involvement in the matter.
(b) The Employer will provide the Employee with an opportunity to speak to the
investigator if the Employee wishes to do so.
(c) The investigation may include:
(i) collecting any relevant materials; and
(ii) speaking with the Employee; and
(iii) speaking with any relevant witnesses; and
(iv) providing the Employee with specific particulars to allow the Employee to
properly respond to the alleged misconduct; and
(v) seeking an explanation from the Employee; and
(vi) investigating any explanation made by the Employee for the purposes of
verifying the explanation so far as possible.
(d) In relation to each allegation of misconduct, the investigator will make findings as
to whether:
(i) the allegation is substantiated; or
(ii) the allegation is not substantiated.
27.8
27.9
27.10
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(e) Where the investigator makes a finding that an allegation is not substantiated,
which is accepted by the Employer, the misconduct process will conclude in
relation to any such allegation and the Employee will be informed accordingly.
(f) Where the investigator makes a finding that the allegation is substantiated, the
Employer will consider this information and propose a discipline outcome.
Opportunity for response by Employee
(a) As soon as practicable after the investigator has made a finding that any allegation
of misconduct is substantiated, the Employee will be provided with the findings of
the investigator and the proposed discipline outcome. The Employee will be
provided with sufficient information to allow them a reasonable basis to respond.
(b) The Employee will be given a reasonable time to respond to the findings or the
material and the recommended discipline outcome. Any response must be
provided within the above reasonable time.
Determination of discipline outcome
(a) The Employer will consider:
(i) the findings of the investigator; and
(ii) any recommendations as to the appropriate disciplinary outcome; and
(iii) any response of the Employee (including any admission of misconduct under
clause 27.9); and
(iv) any prior disciplinary outcomes,
and then determine the discipline outcome that is to apply to the Employee. The
discipline outcome must not be disproportionate to the seriousness of the matter.
(b) The possible discipline outcomes are:
(i) no action; or
(ii) performance management; or
(iii) formal counselling; or
(iv) formal warning; or
(v) final warning; or
(vi) assignment of the Employee with or without their agreement to a role at a
classification level or Value Range lower than the Employee’s current
classification level or Value Range:
• Where no suitable positions are available at the Employee’s existing
work location, the disciplinary outcome may also include a transfer of
the Employee with or without their agreement to a different work
location;
• Where the disciplinary outcome includes a transfer of the Employee to a
different work location, this will not preclude the Employee from being
27.11
27.12
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entitled to payment of any applicable relocation allowance in accordance
under clause 21 (Usual Place or Places of Work);
(vii) transfer of the Employee with or without their agreement to a different work
location at the Employee’s current classification level (which will not
preclude the Employee being entitled to payment of any applicable
relocation allowance in accordance with clause 21 (Usual Place or Places of
Work); or
(viii) termination of employment.
(c) In order to avoid a more severe discipline outcome being applied to an Employee,
the Employer may apply the discipline outcomes listed in clause 27.12(b)(ii) to
27.12(b)(vii) together to form a single disciplinary outcome.
(d) The Employer will advise the Employee of the discipline outcome in writing and a
copy will be placed on the Employee’s personnel file.
Informing Employee who raised allegation of misconduct
If a process was conducted in accordance with this clause because of an allegation of
misconduct by another Employee, the Employer must advise that Employee that the
allegation has been dealt with in accordance with this clause, and may provide the
Employee with other information as is reasonably practicable.
Disputes
(a) Any dispute arising under this clause may only be dealt with in accordance with
clause 13 (Resolution of Disputes) when any of the following are placed on the
Employee’s personnel file in accordance with this clause (this may include
whether clause 27.6 has been complied with in the Employer coming to a
decision):
(i) a record of formal counselling; or
(ii) a formal written warning; or
(iii) a final written warning; or
(iv) a record of discipline outcome.
(b) Despite clause 27.14(a), a party to a misconduct investigation, may use clause 13
(Resolution of Disputes) over the application of clause 27.6(b) when:
(i) an allegation of misconduct has not been made under clause 27.8, within
eight weeks of the Employer having formally advised the Employee that it is
taking steps in accordance with clause 27.7(a), except where the delay is
beyond the Employer’s control which may include engagement with
integrity agencies or Victoria Police, or
(ii) a misconduct investigation under clause 27.10 has not been completed
within six months of the Employee being advised of alleged misconduct
under clause 27.8, and
the party considers the delay to be unreasonably caused by the other party.
27.13
27.14
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Potential criminal conduct
Where alleged misconduct that is the subject of a process in accordance with this
clause 27 is also the subject of a criminal investigation or criminal proceedings, the
Employer is not required to delay or cease the management of misconduct process
under this clause 27 but the Employer may exercise its discretion to do so.
27.15
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Application
Classification and progression arrangements are set out in clauses 29 and 31 of this
Agreement, subject to the following:
(a) Clause 29 does not apply to Employees covered by Non-VPS Aligned Adaptive
Structures (Child Protection Practitioner stream, Children, Youth and Families
stream, Youth Justice Workers, Forensic Officers and Ministerial Transport
Officers) (see clause 2 of Schedule G) as set out at clause 31; and
(b) Clause 31, with the exception of clause 31.3(d), does not apply to Forensic
Officers; and
(c) Clause 29 and 31 do not apply to Forensic Nurse Examiners or Forensic Nurse
(Biological Specimen) Employees employed under Part 12 of the Appendix 1.
Classification and Salaries – Non-VPS Aligned
(a) Special arrangements are set out clause 2 of Schedule G to this Agreement in
relation to the following occupational groups that have classification
arrangements that are different to the main VPS classification system as set out in
this Part 5:
(i) Child Protection Practitioner (CPP) stream;
(ii) Children, Youth and Families (CYF) stream;
(iii) Youth Justice Workers;
(iv) Forensic Officers.
(b) Employees will be employed within one of these Grades based on work
requirements in accordance with the corresponding Grade and Classification
Descriptors set out in Section II – Agency Specific Arrangements to this
Agreement.
Classifications and Salaries – VPS and VPS Aligned Adaptive
Structures
Positions will be classified within the VPS Structure, or the following Adaptive
classification structures aligned to it, based on work value:
(a) Legal Officer
(b) Allied Health
(c) Science
(d) Custodial Officer
(e) Housing Services Officer
(f) Housing Customer Services Officer
Part 5 Salary and Related Matters
28.
28.1
28.2
29.
29.1
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(g) Court Registrar
(h) Sheriff’s Officer
(i) Community Corrections Practitioner
(j) Fisheries Officer
(k) Police Custody Officer
(l) Ministerial Transport Officers
Classifications are divided into Grades and Value Ranges.
Employees will be employed within one of these Grades and Value Ranges based on
work requirements in accordance with the Classification and Value Range Standard
Descriptors at Schedule C to Schedule F and Section II (Agency Specific
Arrangements) to this Agreement.
Clause 29.8 deals with the arrangements for the use of the VPS 1 classification.
Employees participating in the VPS Graduate Program are appointed within the VPS
core Structure. The Adaptive Classification Structures and associated classification
and salary on appointment arrangements outlined in clause 29.7 do not apply.
Movement Between Value Ranges
(a) Employees and/or positions can move between Value Ranges.
(b) Movement between the Value Ranges can occur following a job resizing review.
The review process includes an assessment of the work the Employer requires to
be undertaken and the performance of that work by the Employee. These are
assessed against the benchmarks specified in the Classification and Value Range
Standard Descriptors as set out in this Agreement.
Classification and Salary on Appointment
(a) Employees will be appointed to a Grade and Value Range based on work
requirements in accordance with the Classification and Value Range Standard
Descriptors relevant to the Employee’s role as set out in this Agreement.
(b) Qualifications
(i) The qualification related salary minimums in clause 29.7(b)(ii) apply to the
following occupational categories. These may be varied in individual
structures:
• Fisheries Officers,
• Community Corrections Practitioners,
• Court Registrars,
• Sheriff’s Officers,
• Custodial Officers,
• Legal,
29.2
29.3
29.4
29.5
29.6
29.7
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• Allied Health,
• Housing Services Officers
• Housing Customer Services Officers, and
• Science
(ii) Qualification related Salary minimums in the table below apply for
mandatory three and four-year degrees required by professions that are
regulated by law (including professional registration). The relevant degree
or diploma minimum rate applies if the Employer requires an Employee to
hold or obtain the qualification.
Table 11: Qualification related salary minimums
Qualification Salary point
Certificate III (Trade qualification) VPS salary point 2.1.1
Relevant Degree or Diploma VPS salary point 2.1.5
Certificate IV VPS salary point 2.1.7
Mandatory 3-year degree. VPS salary point 2.2.2
Mandatory 4-year degree VPS salary point 2.2.4
(iii) If a new qualification is introduced to a classification structure during the
life of the Agreement, the qualification related Salary minimums in the table
above will apply.
(c) Subject to clause 29.9 of this Agreement, in determining whether to recruit an
Employee above the base Salary point of the relevant Value Range, the Employer
will have regard to the following matters:
(i) an assessment of whether the existing remuneration of the individual (or
recent previous remuneration or attained VPS salary point for the same or
similar role) would require paying above the base; and
(ii) appointment will be to a Progression Step within the relevant Value Range;
and
(iii) the gender equity effects of appointments.
(d) The gender equity effects of appointments above the base salary point of the
relevant Value Range will be monitored by the Victorian Public Service
Commission over time.
VPS 1 Classification
(a) The VPS 1 classification is a training Grade for employees participating in formal
trainee or cadetship programs or other similar VPS wide entry level employment
programs. Employees classified as VPS 1 who are not participating in a formal
employment program of this nature will transition to the VPS 2 classification.
29.8
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Transitional arrangements - For existing VPS 5 to 7 classified Employees
employed prior to the commencement of this Agreement.
(a) Employees appointed to VPS Grade 5 to 7 before the commencement of this
Agreement, who are receiving a salary that is not aligned to a progression step
amount in Schedule C, will continue to be paid according to that salary and will,
subject to clause 31 (Performance Development and Progression within a Value
Range), be eligible to receive applicable progression step amounts in addition to
that salary, until such time they are appointed to a new position, promoted or
reach the top of their grade or value range.
(b) An Employee covered by the transitional arrangements in this clause who achieves
progression under clause 31 of this Agreement, will have the relevant progression
amount for their grade added to their salary with the same date of effect as under
clause 31:
Table 12: Transitional Arrangements for existing VPS 5 to 7 – Progression Amounts
Grade 1 July 2024 1 July 2025 1 July 2026 1 July 2027
VPS 5 $3,289 $3,388 $3,490 $3,595
VPS 6 $4,153 $4,278 $4,406 $4,538
VPS 7 $6,823 $7,028 $7,239 $7,456
Gender Equality
Gender Pay Equity Principles
The provisions of this Agreement are to be interpreted consistently with the following
gender pay equity principles:
(a) Establishing equal pay for work of equal or comparable value: Equal or
comparable value refers to work valued as equal in terms of skill, effort,
responsibility and working conditions. This includes work of different types.
(b) Freedom from bias and discrimination: Employment and pay practices are free
from the effects of unconscious bias and assumptions based on gender.
(c) Transparency and accessibility: Employment and pay practices, pay rates and
systems are transparent. Information is readily accessible and understandable.
(d) Relationship between paid and unpaid work: Employment and pay practices
recognise and account for different patterns of labour force participation by
workers who undertake unpaid and/ or caring work.
(e) Sustainability: Interventions and solutions are collectively developed and agreed,
sustainable and enduring.
(f) Participation and engagement: Workers, unions and employers work
collaboratively to achieve mutually agreed outcomes.
(g) Recognising intersectional gender inequality: Employment and pay practices
account for and recognise that gender inequality may be compounded by other
29.9
30.
30.1
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forms of disadvantage or discrimination that a person may experience based on
factors including age, disability, gender identity, race, religion, sexual orientation
and being of Aboriginal or Torres Strait Islander descent.
Meaning of ‘Pay’
In this clause, ‘pay’ refers to remuneration including but not limited to salary,
bonuses, overtime payments, allowances and superannuation.
Commitment to collaborative approach to achieving gender pay equity
The Employer will work collaboratively with Employees and the Union to identify,
support and implement strategies designed to eradicate the gender pay gap, gender
inequality and discrimination across the VPS.
Claims relating to systemic gender equality issues
(a) A systemic gender equality issue means an issue of a systemic nature within an
Employer, or multiple VPS Employers, which adversely affects a class or group of
employees of the Employer (or multiple VPS Employers), relating to:
(i) The gender composition of any or all workforce levels of the Employer (or
multiple VPS employers); or
(ii) The gender composition of governing bodies; or
(iii) Equal remuneration for work of equal or comparable value across any or all
workforce levels of the Employer or multiple VPS Employers, irrespective of
gender; or
(iv) Sexual harassment in the workplace; or
(v) Recruitment and promotion practices in the workplace; or
(vi) Availability and utilisation of terms, conditions and practices in the
workplace relating to family violence leave, flexible working arrangements
and working arrangements supporting Employees with family or caring
responsibilities; or
(vii) Gendered workplace segregation.
(b) The Union and/or a class or group of Employees (Claimant/s) may seek resolution
of a dispute relating to a systemic gender equality issue (Claim) in accordance with
this clause.
(c) A Claim or Claims under this clause must be made in writing to the Employer/s.
(d) In the first instance the Claim should include sufficient detail for the Employer to
make a reasonable assessment of the nature of the Claim, the employees impacted
by the Claim and any proposals to resolve the Claim.
(e) The Employer must meet and discuss the Claim with the Claimant prior to
responding to the Claim.
(f) The Employer must respond to the Claim in writing to the Claimant, within a
reasonable time, including enough details in the response to allow the Claimant to
understand the Employer’s response to each element of the Claim, including
reasons why the Claim is accepted or rejected.
30.2
30.3
30.4
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(g) If the Claim is unable to be resolved between the Employer and the Claimant/s,
either the Claimant/s or the Employer may refer the Claim to the Public Sector
Gender Equality Commissioner (Commissioner) to deal with.
(h) Common Claims against multiple VPS Employers may be referred to the
Commissioner if the Claims relate to a systemic gender equality issue which
adversely affects a class or group of Employees from each VPS Employer, and the
Claims are referred by any of the Parties in clause 4.1 of this Agreement.
(i) In dealing with a Claim, the Commissioner:
(i) Must consider the Gender Pay Equity Principles; and
(ii) Must be objective and free from assumptions based on gender; and
(iii) Must acknowledge that current pre-existing views, conclusions or
assessments of comparable worth or value may not be free of assumptions
based on gender; and
(iv) Must ensure that skills, responsibilities, effort and conditions that are
commonly undervalued such as social and communication skills,
responsibility for wellbeing of others, emotional effort, cultural knowledge
and sensitivity are considered; and
(v) Must ensure that dispute resolution outcomes consider current or historical
gender-based discrimination and do not further promote systemic
undervaluation. and
(vi) Must deal with the Claim in a manner that is independent of the Employer or
the Claimant; and
(vii) Must consider evidence that the Claim may not be isolated to the Employer
subject to the Claim but may affect Employees from multiple VPS Employers
or other public sector employers not covered by this Agreement; and
(viii) May jointly deal with a Claim and any other dispute which has been referred
to the Commissioner which relates to the same or similar systemic gender
equality issues; and
(ix) Must consider the views of the Claimant prior to jointly dealing with multiple
Claims or disputes; and
(x) May otherwise deal with the Claim in any way the Commissioner considers
appropriate, consistent with the requirements of the Gender Equality Act
2020 (Vic). This can include mediation, conciliation, making
recommendations or offering opinions.
(j) If a Claim is unable to be resolved by the Commissioner, either the Claimant or the
Employer may refer the Claim to the FWC as a dispute of a collective character for
resolution pursuant to clause 13.10 or 13.11.
(k) This clause does not apply to any dispute regarding a matter or matters arising in
the course of bargaining in relation to a proposed enterprise agreement.
(l) A Claimant may choose to be represented at any stage by a representative,
including a Union representative or Employer’s organisation.
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(m) The Claimant and Employer and their representatives must genuinely attempt to
resolve the dispute through the processes set out in this clause and must cooperate
to ensure that these processes are carried out expeditiously.
(n) Whilst a Claim is being dealt with in accordance with this clause, work must
continue in accordance with usual practice, provided that this does not apply to an
Employee who has a reasonable concern about an imminent risk to their health or
safety, has advised the Employer of this concern and has not unreasonably failed
to comply with a direction by the Employer to perform other available work that
is safe and appropriate for the Employee to perform. No party will be prejudiced
as to the final settlement of the Claim by the continuance of work in accordance
with this clause.
Gender Equality Action Plans
The Employer will consult with the CPSU in the preparation of Gender Equality Action
Plans under the Gender Equality Act 2020 (VIC).
Performance Development and Progression within a Value
Range
Performance Cycle and Review
(a) The performance development and review process is the framework within which
an Employee’s performance and development is planned, managed and reviewed
to determine whether an Employee is entitled to Progression or a Top of Grade or
Value Range Payment at the end of the Performance Cycle.
(b) “Progression” means advancing to the next Progression Step in accordance with
this clause. Progression Steps are set out in the table at clause 1 of Schedule C (or
relevant part of Section II of this Agreement for Non-VPS Aligned Adaptive
Structures).
(c) “Top of Grade or Value Range Payment” means the 1.5 per cent lump sum of the
Employee’s Salary as at 30 June of the Performance Cycle, paid in accordance with
this clause to an Employee at the top of their Grade or Value Range in lieu of
Progression.
(d) The Performance Cycle is twelve months (1 July to 30 June).
(e) All Employees must participate in the performance development and review
process, including in the development of performance development plans and
conduct of performance discussions and reviews.
(f) Employees who refuse to participate in the performance development and review
process will be ineligible for Progression or Top of Grade or Value Range Payment,
unless the Employee’s lack of participation is due to the Employer’s failure to
initiate the performance development process.
(g) The performance development and review process has three formal stages:
30.5
31.
31.1
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Table 13: Performance development and review process
Stage Description
Commencement of the
Performance Cycle
Employer and Employee agree on a performance
development plan outlining:
• the agreed performance goals appropriate to the
Employee’s role; and
• the agreed learning and development goals
required for the Employee’s role and/or to build the
Employee’s professional capacity and career
opportunities.
In addition, the Employee is expected to comply with the
Public Sector Values and Code of Conduct for Victorian
Public Sector Employees.
Collectively these three elements constitute the
Employee’s Progression Criteria. The expected standard
for the setting of Progression Criteria is outlined in
clause 31.2.
Mid-Cycle Performance Review Undertaken around the mid-point of the Performance
Cycle, the Employer and Employee meet to monitor and
assess the Employee’s performance towards meeting
their Progression Criteria.
End of Cycle Performance Review Undertaken at the end of each Performance Cycle during
which the Employee’s performance throughout the
Performance Cycle is assessed to determine whether
they have met the Progression Criteria.
(h) All Employees can expect informal and formal feedback about their performance
throughout the Performance Cycle from their supervisor or manager.
Progression Criteria
(a) The Progression Criteria are to be agreed with each Employee at the start of the
Performance Cycle or on the Employee’s commencement in a role. The Progression
Criteria may be adjusted by agreement during the Performance Cycle.
(b) Progression Criteria should be sufficiently detailed and clear to enable proper
assessment of performance to occur and be consistent with the Employee’s role,
skills, capabilities and the relevant Classification Descriptors outlined in Schedule
C of the Agreement. The expected capabilities, responsibilities and behaviours
appropriate to the role may be weighed and combined to develop the Progression
Criteria.
(c) Central to the performance development and review process is the need for
supervisors and managers, in consultation with Employees, to determine what
should, and can, be delivered to warrant Progression through a combination of
increasing capability, productivity, performance and professionalism. This
interaction between managers and Employees gives authority and integrity to the
structure and its sustainability in the long term.
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(d) Setting Progression Criteria
(i) VPS 1 to 4 Classified Employees (or equivalent)
For VPS Grades 1 to 4 (or equivalent), Progression Criteria will not be as
onerous as those required for VPS 5 through VPS 7 (or equivalent).
While VPS Grades 3 and 4 (or equivalent) are clearly seen as transition
points to higher levels of management within the structure and carry
additional responsibility, this does not mean work at all lower levels will not
be important and demanding. However, it is expected that in setting agreed
Progression Criteria the overwhelming majority of persons within Grades 1
to 4 will achieve the objectives and should move through the Salary points.
(ii) VPS 5 to VPS 7 (or equivalent)
In setting Progression Criteria for VPS 5 to VPS 7 (or equivalent) classified
Employees it is expected Progression Criteria will:
• include measures of excellence and skill acquisition; and
• be commensurate with the higher level of responsibility expected of
positions of these Grades; and
• be more challenging and difficult to achieve.
(e) Management should facilitate an individual Employee’s ability to undertake
appropriate learning and development. An individual Employee must actively
pursue appropriate learning and development to build professional capacity and
career opportunities.
(f) Employees will have access to appropriate learning and development
opportunities, regardless of their gender or any other Attribute.
Progression Steps and Top of Grade or Value Range payment
(a) Within each Value Range of Grades 1 to 7 there are Progression Steps (expressed
Salary points) as detailed in the table at clause 1 of Schedule C.
(b) Progression Steps and Progression Amounts (where relevant) for Employees
covered by a VPS Aligned Adaptive Structure or Non-VPS Aligned Adaptive
Structure are outlined in the relevant structures as detailed in Section II of this
Agreement.
(c) Progression Steps within Value Ranges are not points of defined work value.
Progression within the salary structure will not be automatic, consistent with
wage fixing principles.
(d) An Employee at the top of their Grade or Value Range who achieves Progression
(as described in clause 31.7), will, in lieu of a Progression Step, receive a top of
Grade or Value Range Payment equal to one and a half per cent (1.5%) of the
Employee’s Salary as at 30 June of the relevant Performance Cycle.
(i) The increase to the top of band or value range payment from 1 per cent to
1.5 per cent, which is given effect to by clause 31.3(d) will be applied from
the Performance Cycle concluding on 30 June 2024.
31.3
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Eligibility requirements for Progression or a Top of Grade or Value Range
Payment
(a) An Employee is eligible to be considered for a Progression or a Top of Grade or
Value Range Payment when the Employee:
(i) has been continuously employed in the VPS for 12 months as at the end of
the Performance Cycle;
(ii) subject to the operation of clause 31.4(c)(ii) and 31.4(c)(iii)has been
employed at their current substantive classification and progression point
for 12 months at the end of the Performance Cycle; and
(iii) has a current PDP in place (unless clause 31.7(c) is relevant).
(b) An Employee is not eligible to be considered for a Progression or Top of Grade or
Value Range Payment in respect of a Performance Cycle if:
(i) the Employee has been continuously employed in the VPS for less than 12
months as at the end of the Performance Cycle; or
(ii) the Employee obtained a promotion to a position at a higher Grade or Value
Range, or otherwise negotiated a salary increase, within the performance
cycle; or
(iii) the Employee was subject to a formal underperformance process under
clause 26 at any time during the Performance Cycle; or
(iv) the Employee is subject to proven misconduct as per clause 27 during the
course of the Performance Cycle. If the investigation of alleged misconduct
spans more than one Performance Cycle, the eligibility exclusion is to be
applied in the Performance Cycle in which the determination of the
discipline outcome (under clause 27.12 of the Agreement) is made. If a
misconduct investigation is ongoing but has not yet concluded the Employee
is eligible to be considered for Progression or Top of Grade or Value Range
payment but the Employer is not precluded from considering matters which
have arisen under clause 27 in assessing whether the Employee has met
their Progression Criteria where it is fair and reasonable to do so.
(c) For the purposes of this clause a promotion does not include any moves to the next
Grade or Value Range:
(i) which resulted in the Employee receiving less than the equivalent of one
progression step, or
(ii) was achieved as a result of obtaining relevant work experience or a
qualification which is part of an automatic career advancement pathway
established in an Agency Specific Appendix or completing the VPS Graduate
Program, or
(iii) occurred following a job-re-sizing review process conducted under clause
29.6(Movement between Value Ranges).
31.4
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Eligibility requirements for Progression or Top of Grade or Value Range
Payment – Higher Duties
(a) If an Employee has been acting in a higher position for a period of twelve months
at the end of the Performance Cycle and neither clause 31.4(b)(ii), 31.4(b)(iii)
or 31.4(b)(iv) apply to the Employee, the Employee will be eligible to be
considered for Progression or a Top of Grade or Value Range Payment for
continued performance of the higher duties beyond 12 months.
(b) If an Employee progresses to the next progression step while acting in a higher
position they will progress to the next Progression Step within their substantive
Grade (if applicable).
(c) An Employee who has been acting in a higher position for a period of less than
twelve months at the end of the Performance Cycle, may be eligible to be
considered for Progression or a Top of Grade or Value Range payment at their
substantive Grade or Value Range, if they are not otherwise ineligible because of
the operation of clause 31.4.
Progression payments for Employees returning from Primary Caregiver
Parental leave
(a) An Employee is entitled to advance two progression steps or be paid two Top of
Grade or Value Range payments (or a combination of both, where relevant) in the
following circumstances:
(i) The Employee was not considered for Progression or a Top of Grade or Value
Range payment due to the Employee’s absence on a period of Primary Carer
Parental Leave not exceeding 104 weeks; and
(ii) The Employee is otherwise eligible to be considered for Progression or a Top
of Grade or Value Range Payment; and
(iii) The Employee is assessed as meeting progression criteria in the
Performance Cycle in which the Employee returns to work.
(b) Any Progression or Top of Grade or Value Range payment will be processed by the
Employer at the same time as other progression outcomes resulting for the
Performance Cycle following the Employee’s return to work.
(c) An Employee’s absence from work on parental leave for part of a relevant
Performance Cycle must not disadvantage the Employee in the Employer’s
application of the Progression Criteria.
Achieving Progression or Top of Grade or Value Range Payment
(a) Progression between progression steps or the payment of a Top of Grade or Value
Range payment will occur if the Employee:
(i) meets the eligibility requirements set out in clause 31.4 or clause 31.5(as
relevant); and
(ii) is assessed as having met their Progression Criteria at the End of Cycle
Performance Review.
31.5
31.6
31.7
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(b) An End of Cycle Performance Review is undertaken at the end of each Performance
Cycle. The Employee’s performance against the Progression Criteria is assessed by
their supervisor or manager at that time.
(c) An Employee will not be disadvantaged where through the Employer’s act or
omission:
(i) learning and development opportunities are not available; or
(ii) a Performance Development Plan is not completed, or
(iii) a Mid-Cycle or End of Cycle Performance Review is not conducted.
(d) An Employee must not be disadvantaged in the Employer’s application of the
Progression Criteria due to:
(i) their gender or other Attribute.
(ii) their employment status as a part-time employee; or
(iii) a flexible working arrangement.
(e) Where an Employee is assessed as having not met their agreed Progression
Criteria, the Employee will not obtain Progression or be paid a top of Grade or
Value Range Payment.
Operation of Progression Steps or Top of Grade of Value Range Payment
where progression is achieved
(a) Other than as provided for in clause 31.8(b), progression will take effect
backdated to 1 July following the completion of the Performance Cycle to which
the progression relates.
(b) For an Employee who:
(i) has been ineligible to be considered for Progression or Top of Grade or Value
Range payment for a period of 18 months or longer as a result of the
operation of clause 31.4(b)(i) or 31.4(b)(ii); and
(ii) is assessed as having met their Progression Criteria at the end of the first
Performance Cycle in which the employee becomes eligible for progression
after the exclusions prescribed in clause 31.4(b)(i) or 31.4(b)(ii) are
complete;
progression will take effect backdated to 1 January in the Performance Cycle to
which the progression relates, or the Employee’s 18 Month Date, whichever is
later.
(c) An Employee’s 18 Month Date for the purposes of clause 31.8(b) is the date 18
months after the Employee commenced employment in the VPS (if clause
31.4(b)(i) applies) or the date 18 months from the date of promotion for the
purposes of clause 31.4(b)(ii).
(d) Top of Grade or Value Range payments will be paid as a lump sum processed by
the Employer at the same time as other progression outcomes resulting for the
Performance Cycle.
31.8
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Salary Increases
Salary Increases
(a) Employees employed by the Employer at or after the date of commencement of
this Agreement will receive the following Salary increases:
Table 14: Salary Increases
Date of Effect Percentage Increase
1 May 2024 3%
1 May 2025 3%
1 May 2026 3%
1 May 2027 3%
(b) The Salary increases outlined in clause 32.1 are to apply to the salary ranges set
out in clause 1 of Schedule C and the Non-VPS Aligned Classification Structures
set out in the relevant part of Section II (Agency Specific Arrangements) of this
Agreement.
Increases to Salary caps for certain entitlements
Where eligibility for any Employee entitlement is to be calculated by reference to a rate
of pay, then the rate of pay applicable as at date of commencement of this Agreement will
be increased by the same increases and from the same operative dates as provided for in
clause 32.1.
Allowance adjustment
All work and condition allowances in this Agreement will be increased by the same
increases and from the same operative dates as provided for in clause 32.1.
Once off lump sum payment
Employees (including Regular Casual Employees but excluding other Casual Employees)
will be entitled to receive a once off lump sum payment as outlined in Table 15 below.
To be eligible for the once off lump sum payment, the Employee must be employed by
the Employer on the date specified in Table 15 or be a casual employed on a regular and
systematic basis as at this date.
The payment will be made on a pro-rata basis for part-time, Regular Casual Employees
and Employees on unpaid leave.
If the once off lump sum payment falls due prior to the commencement of the Agreement,
the payment will be made to eligible Employees as soon as reasonably practicable after
the Agreement commences operation.
Table 15: Once-off Lump Sum Payment
32.
32.1
32.2
32.3
33.
33.1
33.2
33.3
33.4
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Date of effect Amount
28 June 2024 $5,600
Additional once off lump sum payment for Shift Workers
An Employee (including Regular Casual Employees but excluding other Casual
Employees) who is employed as a Shift Worker will be entitled to receive a once off lump
sum payment as outlined in Table 16 below.
To be eligible for the payment, the Employee must be employed as a Shift Worker in the
VPS on the date specified in Table 16 or be a Regular Casual Shift Worker employed on
a regular and systematic basis as at this date.
The payment will be made on a pro-rata basis for part-time, Regular Casual Employees
and Employees on unpaid leave.
If the once off lump sum payment falls due prior to the commencement of the Agreement,
the payment will be made to eligible Employees as soon as reasonably practicable after
the Agreement commences operation.
Table 16: Additional once off lump sum payment for Shift Workers
Date of effect Amount
1 October 2024 $1,000
Casual Employees – Loading
Employees employed on a casual basis will receive a loading of 25 per cent in addition to
the applicable hourly rate of pay (based on the applicable Salary for the classification
level of the employed position) as compensation in lieu of any entitlement to the
following benefits:
payment for Public Holidays not worked; and
annual leave and annual leave loading; and
paid parental leave; and
paid compassionate leave; and
paid personal/carer’s leave; and
jury service; and
defence reserve leave; and
accident make-up pay; and
leave to attend rehabilitation programs.
34.
34.1
34.2
34.3
34.4
35.
35.1
35.2
35.3
35.4
35.5
35.6
35.7
35.8
35.9
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Supported Wage System
The conditions which apply to Employees who, because of a disability, are eligible for a
supported wage, are set out in Schedule B.
Payment of Salaries
Salaries, allowances, penalty or overtime payments due to an Employee must be paid
by the Employer by fortnightly electronic direct credit to a bank account, credit union
or building society account nominated by the Employee. In exceptional
circumstances, including significant delays in payment of salary, the Employer will
make provision for off-line payments.
Where a normal payday falls on a Public Holiday the direct credit to the Employee’s
nominated account must be made no later than the last working day prior to the
Public Holiday.
Employees must be provided either in writing or electronically, with details of each
pay regarding the make-up of their remuneration and any deductions.
By agreement with the Employer, the Employee may authorise deductions from
salary for forwarding to superannuation funds.
In the event of an overpayment of salary, allowance, loading or other payment, the
Employer must advise the Employee in writing, including details of the overpayment.
Similarly, the Employee must advise the Employer if they know there has been an
overpayment.
The Employer must notify the Employee of their intent to recover the overpayment
and seek to agree on a repayment arrangement before any recovery is made in
accordance with clause 37.7. The Employer must genuinely consider any proposal
made by the Employee.
In the event of an overpayment of salary, allowance, loading or other payment, and
where agreement cannot be reached on a repayment arrangement, the Employer may
recover the overpayment by instalments to be deducted from any amount due to the
Employee in accordance with the Financial Management Act 1994 (Vic). These
instalments must not exceed one tenth of the total payment due to the Employee,
before deductions. Where an overpayment remains outstanding at the end of the
Employee’s employment, this restriction does not apply.
Salary Packaging
An Employee may enter into a salary packaging arrangement with the Employer using
pre-tax salary in respect of superannuation, a novated lease and/or other approved
benefits under State or Federal legislation. In the case of salary sacrifice to State
Government defined benefit superannuation schemes, arrangements must comply
with State legislation.
All costs associated with salary packaging, including the Employer’s reasonable
administrative costs, are to be met from the salary of the participating Employee.
36.
37.
37.1
37.2
37.3
37.4
37.5
37.6
37.7
38.
38.1
38.2
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Allowances – Work or Conditions
General provisions
Work or conditions allowances will be paid by the Employer subject to the Employee
meeting the requirements for receipt of the allowance as set out in this clause.
First aid allowance
(a) Where an Employee, in addition to their normal duties, agrees to be appointed by
the Employer to perform first aid duties:
(i) the Employee must hold a current first aid certificate or an equivalent
qualification; and
(ii) the Employee will be paid an annual allowance payable in fortnightly
instalments; and
(iii) this allowance will be as follows:
Table 17: First aid allowance
Date of Effect Amount per Annum
1 May 2024 $707
1 May 2025 $728
1 May 2026 $750
1 May 2027 $773
(b) The Employer must reimburse any additional costs incurred by the Employee in
obtaining and maintaining the first aid qualification.
Higher duties allowance
(a) When does higher duties allowance apply
A higher duties allowance will be paid where an Employee is required to undertake
all or part of the duties of a higher classified position (including a position
classified at a higher Value Range) for:
(i) a period longer than five consecutive working days; or
(ii) where the Employee works in the higher classified position on a regular and
systematic basis.
(b) Level of allowance
The level of the allowance shall be in proportion to the extent of the higher duties
performed and shall be calculated on the base of the Grade or Value Range.
39.
39.1
39.2
39.3
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(c) Leave while performing higher duties
Paid leave taken during a higher duties assignment shall be paid inclusive of the
allowance, provided the Employee resumes the duties of the higher duties position
on their return from leave.
Language allowance
(a) Where the Employee, in addition to their normal duties, agrees to be appointed by
the Employer to use their skills in a second language to assist members of the
public who have low English proficiency and is directed by the Employer to do so
will be paid a Language Allowance in accordance with this clause. To be eligible to
receive the allowance the Employee the Employee must hold a current
accreditation from the National Accreditation Authority for Translators and
Interpreters (NAATI).
(b) An eligible Employee will be paid an annual allowance payable in fortnightly
instalments as follows:
Table 18: Language allowance
Date of Effect
Language aide
accreditation
Paraprofessional
interpreter
accreditation
Interpreter
accreditation or
higher
1 May 2024 $1,225 $1,685 $2,297
1 May 2025 $1,262 $1,736 $2,366
1 May 2026 $1,300 $1,788 $2,437
1 May 2027 $1,339 $1,842 $2,510
(c) The Employer will pay the cost of the NAATI pre-testing workshop.
(d) The Employer will also meet the cost of the NAATI test, up to two times per
Employee per level of accreditation. The Employee must apply annually for
renewal of the allowance.
(e) The Employer will assess the Employee’s renewal application to determine
whether the Employer still requires the Employee to perform interpreting duties.
Stand-by/ Recall Allowance
(a) The Employer may require an Employee to be on stand-by outside the ordinary
hours of duty of the Employee to perform work away from their usual place or
places of work. The Employee may also be required to be recalled to their usual
place or places of work.
(b) The Employer will, in consultation with the Employee, establish a roster for stand-
by duty.
(c) The Employee may refuse to be on stand-by where this may result in the Employee
working hours which are unreasonable having regard to:
39.4
39.5
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(i) any risk to the Employee’s health and safety; and
(ii) the Employee’s personal circumstances including family responsibilities;
and
(iii) the needs of the workplace; and
(iv) the notice (if any) given by the Employer of the stand-by and by the
Employee of their intention to refuse it; and
(v) any other relevant matter.
(d) An Employee on stand-by:
(i) must be able to be contacted immediately by an agreed means of
communication; and
(ii) must be able to travel to their usual place or places of work within a
reasonable time; and
(iii) will, if required to be recalled to work, be provided by the Employer with
appropriate transport or be reimbursed travel expenses in accordance with
clause 40 (Reimbursement of Expenses) of this Agreement; and
(iv) must be fit for duty.
(e) The Employer must pay the following allowance for stand-by duty:
Table 19: Stand-by / recall allowance
Date of effect Per night Per day/night
1 May 2024 $33.75 $68.05
1 May 2025 $34.75 $70.10
1 May 2026 $35.80 $72.20
1 May 2027 $36.85 $74.35
(f) For the purposes of clause 39.5(e):
(i) “per night” allowance is payable if standby is required for the period from
the completion of ordinary duty, leave or standby on one day to the
commencement of ordinary duty, leave or standby on the following day,
other than where the per day/night rate applies
(ii) “per day/night” allowance is payable if rostered standby is required
outside the ordinary hours of duty for a period including both:
• a period for which a per night allowance would otherwise be
payable, and
• a day (or part day).
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(g) The above allowance is payment for being available to perform duty and will
include initial limited response to a telephone call or email, as long as the subject
of that telephone call or email does not require further following up.
(h) All work after the initial limited response to a telephone call or email will be
remunerated as overtime in accordance with clause 46 (Overtime). Subject to
clause 39.5(i), the minimum overtime payment in clause 46.10 does not apply.
Overtime payments will be paid as worked.
(i) An Employee who is required to return to their usual place or places of work is
also entitled to the minimum overtime payment in clause 46.10.
(j) The stand-by allowance does not apply where stand-by is incorporated into total
remuneration or is otherwise compensated.
Agency specific allowances
Allowances applicable in:
(a) the Department of Justice and Community Safety, are specified in Appendix 1;
(b) the Department of Education, are specified in Appendix 2;
(c) the Environment Protection Authority, are specified in Appendix 3;
(d) the Department of Families, Fairness and Housing, are specified in Appendix 4;
(e) the Department of Health, are specified in Appendix 5;
(f) the Department of Energy, Environment and Climate Action, are specified in
Appendix 6;
(g) Ministerial Transport Officers, are specified in Appendix 7;
(h) Victoria Police, are specified in Appendix 8;
(i) the Safe Transport Victoria, are specified in Appendix 9;
(j) the Independent Broad-based Anti-Corruption Commission, are specified in
Appendix 10;
(k) Court Services Victoria, are specified in Appendix 11;
(l) the Office of the Governor, are specified in Appendix 12;
(m) the Victorian Gambling and Casino Control Commission, are specified in Appendix
13;
(n) the Game Management Authority, are specified in Appendix 14; and
(o) the Victorian Fisheries Authority, are specified in Appendix 15.
39.6
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Reimbursement of Expenses
General provisions
(a) The Employer will reimburse the Employee for the Employee’s reasonable out of
pocket expenses actually and necessarily incurred in the course of their authorised
duties.
(b) The Employer must apply the rulings of the Commissioner of Taxation (Australian
Tax Office) relating to reasonable allowances in determining the maximum rates
payable, unless otherwise agreed.
(c) The amount of an expense will be considered reasonable where it does not exceed
the relevant amounts set by the Australian Tax Office as adjusted from time to time.
Allowable expenses
Allowable expenses include:
(a) travelling, accommodation, meals and other incidental expenses associated with
an overnight absence from home or part day duties away from the normal work
location; and
(b) expenses incurred in using private mobile and home phones in accordance with
clause 40.3; and
(c) expenses incurred in using private vehicles in accordance with clause 40.4.
Private mobile and home phone use
(a) An Employee required to use their private mobile phone or home phone in the
course of their employment will be reimbursed for work-related calls under their
plan.
(b) The Employee must obtain the prior approval of the Employer before using their
private mobile or home phone during the course of their employment.
(c) Following use, the Employee must submit an itemised statement of the calls made
and their cost.
Private motor vehicle use
(a) An Employee, required to use their private motor vehicle in the course of their
employment, will be reimbursed for kilometre costs and any other motor vehicle
reimbursement expenses incurred in the course of the Employee’s employment
and authorised by the Employer.
(b) The Employee must obtain the prior approval of the Employer before using their
private motor vehicle during the course of their employment.
(c) Following use, the Employee must submit a declaration stating the date, the
purpose of the trip, the number of kilometres travelled and the type of vehicle
used.
(d) The rates payable in respect of motor kilometre costs will be the rates determined
by the Australian Tax Office from time to time.
40.
40.1
40.2
40.3
40.4
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Expense claims
(a) The Employer may require an Employee to submit to the Employer official receipts
substantiating allowable expenses incurred by the Employee as soon as practical
after incurring the expense, except where the Employee uses their own motor
vehicle for work purposes in which case the Employee will submit a declaration in
accordance with clause 40.4(c).
(b) A declaration from the Employee that the expense was incurred may be accepted
by the Employer if the official receipt is lost or misplaced, and suitable verification
can be made. A declaration from the Employee that an incidental expense was
incurred may be accepted if the Employer and the Employee agree that the
obtaining of a receipt was impractical.
The Employer will pay the Employee money owing under this clause in a manner to
be agreed between the Employer and Employee as soon as practicable but not later
than two pay periods after the Employee submits a claim.
Upon request, 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. As soon as practicable after the event, the Employee will
provide the Employer with an account of all expenses incurred together with receipts
(and where necessary a statement) together with any balance owed to the Employer.
Agency-specific reimbursement arrangements
The reimbursement of meal and travel expenses for Employees in Victoria Police will
be in accordance with clause 1 of Appendix 8.
Superannuation
Superannuation legislation
(a) Superannuation legislation, including the Superannuation Guarantee
(Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992
(Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the
Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the
superannuation rights and obligations of Employers and Employees. Under
superannuation legislation individual Employees generally have the opportunity
to choose their own superannuation fund. If an Employee does not choose a
superannuation fund, any superannuation fund nominated in the Agreement
covering the Employee applies.
(b) The rights and obligations in these clauses supplement those in superannuation
legislation.
Employer contributions
The Employer must make such superannuation contributions to a superannuation
fund for the benefit of an Employee, regardless of age, as will avoid the Employer
being required to pay the superannuation guarantee charge under superannuation
legislation with respect to that Employee.
40.5
40.6
40.7
40.8
41.
41.1
41.2
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Voluntary Employee contributions
(a) Subject to the governing rules of the relevant superannuation fund, an Employee
may, in writing, authorise their Employer to pay on behalf of the Employee a
specified amount from the post-taxation wages of the Employee into the same
superannuation fund as the Employer makes the superannuation contributions
provided for in clause 41.2.
(b) An Employee may adjust the amount the Employee has authorised their Employer
to pay from the wages of the Employee from the first of the month following the
giving of three months’ written notice to their Employer.
(c) The Employer must pay the amount authorised under clauses 41.3(a) or 41.3(b)
no later than 28 days after the end of the month in which the deduction authorised
under clauses 41.3(a) or 41.3(b) was made.
Superannuation fund
Unless, to comply with superannuation legislation, the Employer is required to
make the superannuation contributions provided for in clause 41.2 to another
superannuation fund that is chosen by the Employee, the Employer must make the
superannuation contributions provided for in clause 41.2 and pay the amount
authorised under clauses 41.3(a) or 41.3(b) to one of the following
superannuation funds:
(a) the Employer’s default superannuation fund; or
(b) any superannuation fund to which the Employer was making superannuation
contributions for the benefit of its Employees before 12 September 2008, provided
the superannuation fund is an eligible choice fund and is a fund that offers a
MySuper product or is an exempt public sector superannuation scheme; or
(c) a superannuation fund or scheme of which the Employee is a defined benefit
member.
Employer contributions in respect of Primary Caregiver Parental Leave
(a) An Employee who returns to work at the conclusion of a period of Primary
Caregiver Parental Leave is entitled to have superannuation contributions made in
respect of their leave, where this leave occurs within 104 weeks of the
commencement of their initial period of Primary Caregiver Parental Leave under
clause 62.17.
(b) The Employer will pay the superannuation contributions as a lump sum to the
Employee’s fund as provided for in clause 41.4.
(c) The lump sum payment will be made on or before the first superannuation
guarantee quarterly payment due date following the Employee’s return to work at
the conclusion of their Parental Leave.
(d) Where the Primary Caregiver takes Parental Leave flexibly in accordance with
clause 62.18(b), the payment will be made on or before the first superannuation
guarantee quarterly payment due date following the conclusion of all blocks of
Parental Leave and the Employee has returned to work.
(e) The quantum of superannuation contributions payable under this clause will be
calculated based on:
41.3
41.4
41.5
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(i) The number of weeks of Parental Leave up to 104 weeks, where an extension
to parental leave is granted in accordance with clause 62.23(b), taken by
the Employee (including any period of Other accrued leave taken in
accordance with clause 62.19 and where leave is used flexibly in
accordance with clause 62.18(b) any periods of work); and
(ii) The Employee’s weekly pay calculated in accordance with clause 62.25 of
the Agreement; and
(iii) The applicable contribution rate under the Superannuation Guarantee
Administration Act 1992 (Cth) at the time the payment is made.
(f) Despite clause 41.5(e), other accrued leave taken in accordance with clause
62.19 will have superannuation treatment applied in accordance with clauses
41.1 to 41.4 of the Agreement.
(g) Where an Employee takes consecutive periods of Parental Leave, superannuation
contributions with respect to the first period will be made at the end of the first
period of Parental Leave without the need for the Employee to return to work, with
the payment for the next period made upon their return to work.
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Hours of Work
The ordinary hours of work for each Employee, except for casual or part-time
Employees, will average 76 (exclusive of meal breaks), to be worked over an average
of no more than ten days per fortnight.
This clause does not apply to Shift Workers whose ordinary hours of work are set out
in clause 43 (Shift Work).
Spread of Hours
(a) Flexible Arrangement of Hours of Work
The ordinary hours of work will, by agreement, be worked flexibly to best meet
both the Employer’s work requirements and the Employee’s personal and/or
family circumstances.
(b) Arrangement of Hours
(i) The actual days and hours of work will be those agreed between the
Employer and the Employee. Either party may seek to alter the days or hours
of duty. Agreement to such alteration must not be unreasonably withheld,
taking into account the personal/ family circumstances of the Employee, and
the work requirements of the Employer. Disputes over the operation of this
clause will be dealt with under clause 13 (Resolution of Disputes).
(ii) The Employer must not require an Employee to:
• perform ordinary hours of work outside the times of 7.00am to 7.00pm
on any weekday (the “span of hours”); or
• perform ordinary hours of work on Saturdays, Sundays or Public
Holidays.
(iii) In determining the days and hours of duty, both the Employer and the
Employee accept that the Employee is eligible to use the flexibility of these
arrangements to take time off by agreement, subject to meeting the specified
leave requirement(s) and not unduly affecting the work requirements of the
Employer. Agreement by the Employer will not be unreasonably withheld.
Shift Work
What is Shift Work
(a) Shift Work is when an Employee (excluding a Casual Employee) is required to
perform rostered ordinary hours of work averaging up to 76 hours per fortnight,
except for Custodial Officers in the Custodial Officers Structure whose ordinary
hours are described in clause 43.1(b) below. Ordinary hours of work do not
necessarily have to be worked within a 24/7 operation but must include as part of
a regular pattern or regular roster cycle:
(i) a Saturday; or
Part 6 Hours of Work and Related Matters
42.
42.1
42.2
42.3
43.
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(ii) a Sunday; or
(iii) a Public Holiday, or
(iv) an afternoon/night shift.
(b) Casual Shift Work
A Casual Employee will be entitled to be paid shift penalties in accordance with
this clause, where they are engaged to perform work in a role which, as part of its
usual operations, would include rostered ordinary hours of work, which while not
necessarily worked within a 24/7 operation, must include:
(i) a Saturday,
(ii) a Sunday
(iii) a Public Holidays, or
(iv) an afternoon/night shift
(c) The ordinary hours of work for Custodial Officers in the Custodial Structure may
be up to 80 hours, averaged per fortnight over a roster cycle comprising:
(i) 76 ordinary hours, and
(ii) 4 reasonable additional hours of work,
(d) The arrangement of hours for Custodial officers, set out in clause 43.1(b) is a long-
standing industrial arrangement which:
(i) is reflective of the historical pattern of work for Custodial Officers as per
prior industrial instruments; and
(ii) is required for the 24-hour, 7 day per week operations of Corrections
Victoria; and
(iii) provides additional remuneration to the total of 5.26% to employees who
work this pattern of hours in accordance with clause 4.1(c) of Appendix 1.
The Salaries in clause 7.4 of Appendix 1 include the additional 5.26% for
additional hours worked.
(e) The hours of work for Custodial Officers in the Custodial Officer Structure will be
rostered in accordance with clause 4 of Appendix 1.
(f) The arrangement of hours set out in this clause will not be applied inconsistently
with the NES and section 62 of the FW Act. The factors listed in clause 43.1(d)
reflect the reasonableness of the additional hours but do not preclude any affected
employee from refusing to work additional hours if they are not reasonable having
regard to the requirements of section 62.3 of the Act.
(g) Afternoon shift (other than for a part-time Employee working less than a full-time
equivalent shift) means a period of duty rostered to commence on or after 10.00am
and before 8.00pm;
(h) Night shift (other than for a part-time Employee working less than a full-time
equivalent shift) means a period of duty rostered:
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(i) to commence on or after 8:00pm and before 6:00am, or
(ii) to commence prior to 8:00pm and finishing on or after 6:00am, or
(iii) so the majority of the period of duty is worked after 10:00pm and before
6:00am.
(i) Afternoon shift for a part-time Employee working less than a full-time shift
means a period of duty rostered to commence on or after 6:00pm and before
10:00pm
(j) Night shift for a part-time Employee working less than a full-time shift means
a period of duty rostered to commence on or after 10:00pm and before 8:00am.
(k) Agency-specific rostering arrangements
Rostering arrangements for Shift Workers employed in:
(i) the Victorian Gambling and Casino Control Commission, are specified in
clause 3 of Appendix 13;
(ii) Child Protection Practitioners [Child Protection Practitioners (CPP) stream
and Children Youth and Families (CYF) stream] in the Department of
Families, Fairness and Housing are specified in Appendix 4;
(iii) Youth Justice Workers in the Department of Justice and Community Safety
in clause 21 of Appendix 1;
(iv) the Victorian Fisheries Authority are specified in clause 17 of Appendix 15.
Shift Allowances
Shift allowances will be paid to a Shift Worker in accordance with Table 20 or Table 21:
(a) Rotating Shifts
Table 20: Shift Allowance – Rotating Shifts
Shift Period Allowance Overall rate
(% of ordinary
hourly rate)
Afternoon shift -
Monday to Friday –
Full-time employee
or part-time
employee working
the equivalent of a
full-time shift
Commence on or after
10:00am and before
8:00pm
15% 115%
43.2
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Shift Period Allowance Overall rate
(% of ordinary
hourly rate)
From 1 July 2020
Night shift -
Monday to Friday –
Full-time employee
or part-time
employee working
the equivalent of a
full-time shift
• commence on or
after 8:00pm and
before 6:00am, or
• commence prior to
8:00pm and finishes
on or after 6:00am,
or
• the majority of the
period of duty is
worked after
10:00pm and before
6:00am
20% 120%
Afternoon Shift -
Monday to Friday –
For a part-time
employee working
less than a full-time
shift
Commence on or after
6:00pm and before
10:00pm
15% 115%
From 1 July 2020
Night shift –
Monday to Friday –
For a part-time
employee working
less than a full-time
shift
Commence on or after
10:00pm and before
8.00am.
20% 120%
Saturday All hours on Saturday 50% 150%
Sunday All hours on Sunday 100% 200%
Public holiday All hours on a Public
Holiday
150%
Or 50% plus one
day leave in lieu
250%;
Or 150% plus
one day leave in
lieu
(b) Continuous Shifts
The continuous shift period allowances set out below will apply where the
Employee is required to perform such duty continuously for a period exceeding
four weeks. These allowances will not apply where, but for mutual agreement, the
Shift Worker would be required to work rotating shift duty.
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Table 21: Shift Allowance – Continuous Shift
Shift Period Allowance Overall rate
(% of ordinary
hourly rate)
Monday to Friday -
Afternoon or night
Commence before
8:00pm and work
beyond 6:00am
30% 130%
Monday to Friday -
Afternoon or night
Falling wholly within
the hours of 8:00pm
and 6:00am
30% 130%
Monday to Friday -
Afternoon or night
Commence between
8:00pm and 12
midnight for shift of at
least 8 hours
30% 130%
(c) The shift allowances set out in this clause do not apply if an Employee receives
shift allowances in accordance with clause 43.3.
(d) For the purpose of computing shift allowances, a shift that finishes on the day after
it commenced will be paid at the shift allowance applicable for the day upon which
the majority of the Shift Work is worked. Where the hours worked are split evenly
the Employee will be paid the higher of the relevant shift allowance.
Agency-specific shift allowances
Shift allowances for Shift Workers employed:
(a) in the Department of Families, Fairness and Housing and who are employed in the
Child Protection Practitioner or Children, Youth and Families Stream, are specified
at clause 12 of Appendix 4;
(b) in the Victorian Gambling and Casino Control Commission, are specified at clause
3 of Appendix 13.
Substitute Leave for Public Holidays
(a) Where the nature of the employment of Shift Workers does not permit the
observance of Public Holidays as they occur, substituted leave will be granted by
the Employer. For part-time Shift Workers, payment for a Public Holiday granted
as a day’s leave will be made only in respect of those Public Holidays on which the
part-time Shift Worker would have worked had there been no Public Holiday.
(b) A Shift Worker who is rostered to perform ordinary duty on a Public Holiday but
who is on paid leave on that day will be granted one day’s leave in lieu of the Public
Holiday.
(c) A Shift Worker whose rostered day off duty falls on a Public Holiday will be granted
one day’s leave in lieu of such holiday.
(d) A Shift Worker may, with the agreement of the Employer, receive payment in lieu
for any substituted leave accrued in accordance with clause 43.4.
43.3
43.4
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(e) The Employer may authorise payment in lieu of additional substituted leave in
extenuating circumstances or to reduce the outstanding balance of accruals of
leave owing to Shift Workers. In either case payment in lieu of leave may only occur
with the agreement of the Employer and relevant Shift Worker.
Shift Allowances during a period of paid Primary Caregiver Parental Leave or
Additional Paid Secondary Caregiver Parental Leave
Despite clause 62.25 (Calculation of pay for the purposes of Parental Leave), a Shift
Worker will be paid an allowance equal to any additional shift allowances to which
the Employee would have been entitled for the period of paid Primary Caregiver
Parental Leave under clause 62.4(a)(i) or Additional Paid Secondary Caregiver
Parental Leave under clause 62.6, as if they were not proceeding on paid Primary
Caregiver Parental Leave or Additional Paid Secondary Caregiver Parental Leave (as
relevant).
Right to Disconnect
The Right to Disconnect refers to an Employee’s right to disengage from work and
refrain from engaging in work-related communications and activities, such as emails,
telephone calls or other messages, outside of the Employee’s working hours or during
periods of leave or rostered days off.
The Right to Disconnect has four main elements:
(a) The Employer must respect Employee’s periods of leave.
(b) An Employee must not be expected to routinely perform work outside of the
Employee’s working hours, other than in an emergency, incident response
situation or in relation to genuine welfare matters.
(c) An Employee will not be penalised or otherwise disadvantaged for refusing to
attend to work matters outside of the Employee’s working hours or their agreed
ordinary hours under a flexible arrangement, unless their refusal is unreasonable
in the circumstances.
(d) Subject to sub-clause 44.2(b) and 44.2(c), an Employee is not required to
monitor, read or respond to emails, messages or phone calls outside of their
working hours unless the Employee is required by the Employer to be on-stand by
or have been directed by the Employer to perform overtime.
Without limiting the matters that may be taken into account in determining whether
a refusal is reasonable, the following must be taken into account:
(a) the reason for the contact or attempted contact,
(b) how the contact or attempted contact is made and the level of disruption the
contact or attempted contact causes the Employee,
(c) whether the Employee is compensated to be available to be contacted or to
perform work outside of their working hours, or for working additional hours
outside of the spread of ordinary hours or their agreed ordinary hours under a
flexible arrangement,
(d) the nature and seniority of the Employee’s role and the Employee’s level of
responsibility, and
43.5
44.
44.1
44.2
44.3
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(e) the Employee’s personal circumstances (including family or caring
responsibilities).
There may be occasions when it will be reasonably necessary for an Employer to
contact an Employee outside of the working hours, including but not limited to:
(a) ascertaining availability for rosters,
(b) requests to fill in at short notice for unplanned absences of other Employees,
(c) where unforeseeable circumstances arise,
(d) for genuine Employee welfare matters, or in an emergency,
(e) and/or where business and operational reasons require contact outside of
working hours.
For the avoidance of doubt, an Employee may not be required to respond to these
matters provided the refusal to respond is reasonable having regard to the matters in
clause 44.3.
This clause is to be read in conjunction with the Parties’ commitment to support
flexible ways of working. Subject to an Employee working the actual days and hours
of work established between the Employer and the Employee at the date of
employment or as subsequently altered by agreement, this clause does not prevent
Employees from working within the scope of their own flexible work arrangements,
which may extend to working, by agreement, outside of the span of hours set out in
Clause 42, and in accordance with an Individual Flexibility Arrangement under
Clause 9.
Nothing in this clause prevents the Employer from requiring an Employee to perform
reasonable additional hours, overtime, a period of standby or be recalled to duty
outside the span of hours in accordance with the terms of this Agreement.
Without limiting or overriding any rights or obligations under clause 13 (Resolution
of Disputes), the parties must first attempt to resolve a dispute about the operation of
this clause at the workplace level by discussing the matter. A dispute about the
operation of this clause may arise because:
(a) the Employee has refused to monitor, read or respond to contact or attempted
contact under this clause and the Employer believes that the refusal is
unreasonable, or
(b) the Employer has asserted their belief that the refusal was unreasonable but the
Employee believes the refusal was not unreasonable.
If the dispute cannot be resolved at the workplace level, a party to the dispute may
apply to the Fair Work Commission to do either or both of the following:
(a) make an order under section 333P of the Fair Work Act 2009;
(b) otherwise deal with the dispute.
44.4
44.5
44.6
44.7
44.8
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Rest and Meal Breaks
Rest periods between periods of duty
(a) Other than in exceptional circumstances, an Employee must not be required to
perform:
(i) a further period of overtime duty; or
(ii) a period of ordinary duty; or
(iii) a further period of scheduled stand-by duty
if:
• either the Employee has not been provided with a ten hour rest period
between the time of completion of one period of duty and the
commencement of the next; or
• the Employee has not been provided with a ten hour rest period within the
preceding 24 hours from the time of the commencement of the stand-by
duty.
(b) The Employer must not make a deduction from normal salary if an Employee is
released from normal duty to enable the Employee to observe a rest break in
clause 45.1(a).
(c) An Employee required to work, as a result of an exceptional circumstance, during
or after a rest period is due, will receive overtime compensation in accordance
with clause 46 for all time worked until a rest period of at least ten hours
continuous duration is taken.
Meal Breaks
(a) The Employer will grant meal breaks at times suitable to operational
requirements, taking into account the wishes of the Employee. The number and
starting and finishing times of meal breaks will be specified.
(b) Except where otherwise permitted by this clause, the Employee will not be
required to work for more than five hours without an unpaid meal break unless
the Employee and the Employer otherwise agree. The length of the meal interval
must be at least thirty minutes.
(c) If for operational or emergency reasons the Employee is required to remain on
duty, they may arrange to take meals during their hours of duty without a specific
meal break.
(d) Where agreement cannot be reached as specified in clause 45.2(b) and the
Employee is required by their supervisor to work through their meal break in
accordance with clause 45.2(c), time in lieu or payment for overtime will be
approved in accordance with this Agreement.
(e) If for operational reasons it is impractical for all Employees within a work group
to observe the same time for the taking of a meal break, meal breaks may be
staggered.
45.
45.1
45.2
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Overtime
Overtime means the hours worked at the direction of the Employer, which are:
(a) in addition to an Employee’s ordinary daily hours of work on any day established
in accordance with clause 42; or
(b) worked without the provision of a ten hour rest break in accordance with clause
45.1 (Rest periods between periods of duty); or
(c) for Shift Workers, in addition to a Shift Worker’s rostered ordinary hours of work,
as defined by clause 43.1; or
(d) Casual Employees, who are not performing shift work,
(i) worked without the provision of a ten hour break between periods of duty
in accordance with clause 45.1 (Rest periods between periods of duty);
(ii) in excess of 38 hours per week;
(iii) worked outside the span of hours; or
(iv) worked on Saturdays, Sundays or Public Holidays.
Casual Employees, who are performing Shift Work – Overtime for hours worked
in excess of rostered or agreed hours of work.
(a) Where a Casual Employee works hours in accordance with a regular pattern of
work, or a regular roster cycle, the Employee will be entitled to overtime rates of
pay where they work in excess of their rostered or agreed hours of work for that
day.
Clause 46 does not apply to:
(a) Employees in the Department of Energy, Environment and Climate Action.
Overtime arrangements for these Employees are detailed in Appendix 6;
(b) Employees of the Game Management Authority. Overtime arrangements for these
Employees are detailed in Appendix 14; and
(c) Employees of the Victorian Fisheries Authority. Overtime arrangements for these
Employees are detailed in Appendix 15.
Reasonable Hours of Work
(a) Subject to clause 46.4(b) the Employer may require an Employee to work
reasonable overtime at overtime rates.
(b) An Employee may refuse to work overtime in circumstances where the working of
such overtime would result in the Employee working hours which are
unreasonable having regard to:
(i) any risk to the Employee’s health and safety; or
(ii) the Employee’s personal circumstances including family responsibilities; or
(iii) the needs of the workplace; or
46.
46.1
46.2
46.3
46.4
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(iv) whether the Employee is entitled to receive overtime payments, penalty
rates or other compensation or a level of remuneration that reflects an
expectation of working additional hours; or
(v) the notice (if any) given by the Employer of the overtime and by the
Employee of their intention to refuse it; or
(vi) the usual pattern of work in the industry which the Employee works; or
(vii) the nature of the Employee’s role and the Employee’s level of responsibility;
or
(viii) whether the additional hours are in accordance with the averaging
provisions in clause 42.1, clause 43.1 or any averaging provision in an
Agency Specific Appendix; or
(ix) any other relevant matter.
(c) Clause 46.4 applies to Employees classified as VPS Grade 5 (or equivalent) or
higher in circumstances set out in the Best Practice Employment Commitment
Requirement to pay overtime
(a) An Employee who works overtime must be paid at the appropriate overtime rate
specified in clause 46.7. Exceptions are provided at clause 46.6.
(b) An Employee may request that time be granted in lieu of payment. If the Employer
agrees, time in lieu of payment will accrue at the rate specified in clause 46.8.
Exceptions
Clause 46.5 does not apply to Employees:
(a) classified as VPS Grade 5 or higher (however Time in Lieu under clauses 46.8 and
46.9 applies in circumstances set out in the Best Practice Employment
Commitment); or
(b) classified at the nearest equivalent salary level to VPS Grade 5 in any adaptive
classification structures; or
(c) who are part-time Employees working less than 38 hours a week, who are not Shift
Workers and are subject to overtime conditions contained in clause 46.11; or
(d) subject to different Agency-specific overtime conditions (see clause 46.13); or
(e) where overtime compensation is incorporated into total remuneration under this
Agreement or a commuted overtime allowance is paid in accordance with a
relevant Agency Specific Arrangement outlined in Section II of this Agreement.
Overtime – Rates of payment
(a) Where an Employee is paid for overtime work pursuant to clause 46.5 the
following overtime rates will be paid:
46.5
46.6
46.7
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Table 22: Overtime – Rates of payment
For overtime work on Overtime rate
(% of ordinary hourly rate)
Monday to Saturday – first three hours 150%
Monday to Saturday – after 3 hours 200%
Sunday - in all cases except Public Holidays 200%
Public Holiday or substituted day 250%
(b) The ordinary hourly rate of payment for overtime will be calculated on the lower
of either the Employee’s salary or the lowest pay point within Grade 4.
Overtime – Rate of accrual for time in lieu of payment
Where an Employee is granted time in lieu of payment for overtime work, the time will
accrue on the following basis:
(a) in the case of overtime worked Monday to Friday – on an hour for hour basis; and
(b) in the case of overtime worked on weekends or Public Holidays – two hours of time
in lieu per hour worked.
How does time in lieu apply
(a) Time in lieu is to be taken at a time mutually agreed. The Employer will endeavour
to permit the Employee to take time in lieu at a time of the Employee's choosing.
(b) Time in lieu may accumulate to a maximum of 38 hours (40 hours for Employees
whose ordinary hours of duty average 80 hours per fortnight). Any Employee who
has accumulated 38 hours of time in lieu (or 40 hours of time in lieu if the
Employee’s ordinary hours of duty average 80 hours per fortnight) must be paid
overtime for any additional overtime hours worked.
(c) By agreement, the Employee may convert 38 hours (40 hours for Employees
whose ordinary hours of duty average 80 hours per fortnight) of accrued time in
lieu to one additional week of converted leave, to be taken at a time mutually
agreed. In this case, time in lieu may continue to accrue. Any converted leave under
this clause must be used within 12 months of the conversion date or will be paid
out. By agreement, all or any part of the accumulated converted leave may be paid
out at any time within 12 months of the conversion date.
(d) Upon termination for any reason, the Employee will be paid out any time in lieu
accrued to their credit as if it were time worked.
Overtime – minimum period
(a) Employees must be paid (unless time in lieu is agreed) for a minimum of three
hours when they are either recalled to duty or on stand-alone overtime.
(b) An exception is Custodial Officers in Corrections Victoria, who must be paid (unless
time in lieu is agreed) for a minimum of four hours when they are either recalled
to duty or on stand-alone overtime.
46.8
46.9
46.10
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Overtime – staff working less than 38 hours a week
(a) A part-time Employee, other than a Shift Worker, must be compensated for
overtime in accordance with clause 46.5 for work performed:
(i) after 38 hours has been worked in any week; or
(ii) outside the span of hours in clause 42.
(b) Additional hours performed by a part-time Employee which are performed both
before 38 hours has been worked in any week, and within the span of hours in
clause 42, will be compensated at the Employee’s ordinary rate. Additional hours
compensated at the part-time Employee’s ordinary rate will count as service for
leave accrual.
(c) In the Department of Families, Fairness and Housing Rural After Hours Child
Protection Service, compensation for overtime worked by part-time Employees
who are recalled to duty when on stand-by in accordance with clause 10.2 of
Appendix 4 without needing to meet the requirements of clauses 46.11(a) and
46.11(b).
Overtime Meal Payment
(a) An Employee will be eligible to receive an overtime meal payment if the Employee
is required to work a period of overtime which:
(i) is immediately before or after a scheduled period of ordinary duty and is
more than two hours in duration; or
(ii) is a stand-alone period of overtime that is four hours or more in duration.
(b) The overtime meal payment payable to an Employee is set out below:
Table 23: Overtime Meal Payment
Date of Effect Overtime Meal Payment
1 May 2024 $23.85
1 May 2025 $24.55
1 May 2026 $25.30
1 May 2027 $26.05
(c) The overtime meal payment is not payable where the Employer provides a meal.
Agency-specific Overtime Arrangements
Agency-specific overtime arrangements in relation to:
(a) The Sheriff’s Office in the Department of Justice and Community Safety, are
specified at Appendix 1;
(b) Rest period after working overtime for Employees in the Department of Families,
Fairness and Housing After Hours Child Protection Service, are specified in clause
11 of Appendix 4;
46.11
46.12
46.13
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(c) Youth Justice Workers in the Department of Justice and Community Safety, are
specified at clause 21 of Appendix 1;
(d) Overtime – eligibility and calculation formulae for Child Protection Practitioners
(CPP) and Children, Youth and Family (CYF), are specified at clause 13 and clause
30 of Appendix 4 (clause 46.7(b) does not apply);
(e) Child, Youth and Family (CYF) workers in Secure Welfare Service in the
Department of Families, Fairness and Housing are specified at clause 25 of
Appendix 4; and
(f) Independent Broad-based Anti-Corruption Commission are specified at Appendix
10
Christmas Closedown
The purpose of this clause is to enable the Employer to closedown part or all of its
operations for the three working days from the first working day after Christmas Day
to the end of the last working day before New Year’s Day (1 January) (closedown
period).
Where the Employer intends to closedown part or all of its operations for the
closedown period, the Employer:
(a) will notify relevant Employees in writing of this intention no later than 1 October
of the year in which the closedown is to take place; and
(b) will request relevant Employees to utilise any accrued time in lieu, annual leave,
substitute leave or additional hours accrued under a flexible working
arrangement; and
(c) may require a minimum level of staffing to meet the operational requirements of
the workplace.
If there are insufficient expressions of interest from relevant Employees to give effect
to the closedown period, the following process will be applied, in order:
(a) the Employer may direct an Employee who has excessive annual leave (as defined
in clause 50.6(b)(i)) to take annual leave during the closedown period;
(b) the Employer may then direct an Employee with accrued time in lieu or substitute
leave to take that leave during the closedown period.
The Employer will provide at least 4 weeks’ notice of any direction to take leave,
under clause 47.3.
Where an Employee has insufficient leave or time in lieu, the Employer may agree to
temporarily alter the ordinary working arrangements of the Employee to allow the
Employee to bank sufficient time to cover their absence. This clause also applies to
Employees classified at VPS Grade 5 or higher and the equivalent classifications in an
adaptive structure.
47.
47.1
47.2
47.3
47.4
47.5
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Childcare
Where Employees are required by the Employer to work outside their ordinary hours of
work and where less than 24 hours’ notice of the requirement to perform such overtime
work has been given by the Employer, the Employee will be reimbursed for reasonable
childcare expenses incurred. Evidence of expenditure incurred by the Employee must be
provided to the Employer as soon as possible after the working of such overtime.
48.
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Leave of Absence – General
Commuted Allowances – Payment during leave
If commuted allowances apply pursuant to Section II, the following provisions will apply
in relation to payment of such allowances during periods of leave:
(a) Commuted stand-by allowances shall be paid during periods of long service leave,
annual leave and during the first four weeks’ personal/carer’s leave (including
accident compensation leave) taken in aggregate in a calendar year and shall be
included for calculation of pay in lieu of long service leave.
(b) Commuted overtime allowances shall be paid during periods of annual leave and
during the first four weeks’ personal/carer’s leave (including accident
compensation leave) taken in aggregate in a calendar year, but shall not be paid
during periods of long service leave or included in calculation of pay in lieu of long
service leave.
Standard day for approved leave purposes
For each day that an Employee is absent on approved leave, the hours of work for the
purposes of such entitlements shall be taken as 7.6 hours. Where an alternative
arrangement of days and hours is worked leave shall be debited on the basis of the actual
hours to be worked on the day of the leave.
Transfer of entitlements to another VPS Employer or role
(a) If an Employee moves between roles or to another VPS Employer and there is no
break in service, the current Employer will transfer accrued entitlements to the
new Employer or role. Accrued entitlements include long service leave, annual
leave, personal leave, progression steps or amounts and by agreement with the
receiving Employer, purchased leave. The Employer will ensure that the Employee
is made aware of the entitlements that are to be transferred to the new VPS
employer.
(b) Service with a VPS Employer will count towards any qualifying period applying to
the leave entitlement.
(c) An Employee moving to another VPS Employer covered by the Agreement must,
where practicable, advise their current Employer prior to ceasing their
employment to enable the transfer of the Employee’s service and accrued leave
entitlement to their new department or Agency.
(d) For the purpose of clause 49.3(a) of the Agreement, in determining whether there
has been no break in service, the Employer will reasonably consider short breaks
between periods of service. Short breaks in service, for example, caused by roster
patterns or rostered days off should be treated as if there had been no break in
service. Where practicable, the Employee, must advise their current Employer
prior to ceasing their employment in accordance with clause 49.3(c) of the
Agreement. The Employee should also advise the new Employer prior to
commencement to assist the transfer of service and accrued leave entitlements to
occur.
Part 7 Leave of Absence and Public Holidays
49.
49.1
49.2
49.3
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Leave entitlements for Employees in receipt of workers compensation
payments
(a) An Employee, absent from work and in receipt of workers’ compensation
payments is entitled to:
(i) take and accrue annual and personal / carer’s leave, and
(ii) accrue long service leave for the first twelve months the Employee is absent
from work in accordance with clause 69.5(c).
Agency-specific arrangements
Agency-specific arrangements in relation to:
(a) the payment of commuted allowances during leave in the Sheriff’s Office in the
Department of Justice and Community Safety, are specified at clause 12 of
Appendix 1;
(b) leave in the Department of Families, Fairness and Housing, are specified at
clause 4 of Appendix 4.
Annual Leave
Entitlement to annual leave
An Employee, other than a casual Employee, is entitled to four weeks’ paid annual leave
for each year of employment. The entitlement accrues on a daily basis.
Entitlement to an additional week of annual leave for Shift Workers
(a) A Shift Worker whose rostered Shift Work time of ordinary duty includes at least
ten Sundays during the annual leave accrual year will be entitled to an additional
one week’s annual leave. This employee will be considered a shiftworker for the
purposes of the National Employment Standards
(b) A Shift Worker whose rostered Shift Work time of ordinary duty includes less than
ten Sundays during the annual leave accrual year will be entitled to additional
leave at the rate of one-tenth of a working week in respect of each Sunday so
worked.
(c) A Shift Worker entitled to an additional week of annual leave may elect to take that
fifth week’s leave as an additional week’s pay in lieu of the additional leave.
(i) The election to take the additional week’s salary in lieu of the leave, must be
made by separate written agreement between the Employer and Employee.
(ii) Where the Shift Worker elects to receive the additional week’s salary in lieu
of the leave, and the Employer approves that election, the Shift Worker shall
be paid the full amount that would have been payable to the Employee had
the Employee taken the leave that the Employee has forgone.
(iii) Pro-rata payment would apply if the Shift Worker would not have been
entitled to a full week’s leave.
49.4
49.5
50.
50.1
50.2
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(iv) There is no entitlement to any additional payment in respect of an annual
leave allowance where a Shift Worker elects to receive the additional week’s
salary in lieu of the leave.
Taking of accrued annual leave
(a) An Employee may only take the leave they have accrued, unless otherwise
provided in this clause or agreed.
(b) Annual leave entitlements must be taken by the end of the calendar year following
the calendar year in which they are accrued and at a time convenient to the needs
of the Employer and Employee. By agreement between the Employer and the
Employee, leave may be deferred beyond that date. Unless otherwise agreed, the
Employee may be directed to take leave, in accordance with clause 50.6.
(c) An Employee may request that the whole or any the part of their annual leave be
taken at half pay for a period equal to twice the period to which Employee would
otherwise be entitled.
(d) The Employer will consider operational requirements and the needs of the
Employee when assessing applications for annual leave at half pay. Approval will
not be unreasonably withheld.
Payment whilst on annual leave
(a) Subject to clause 50.4(b), each Employee who takes annual leave is entitled to be
paid in addition to their salary the greater of the following two amounts for the
period of the leave:
(i) an annual leave allowance at the rate of 17.5 per cent of the Employee’s
salary for the period of annual leave including leave credited under clause
50.2(a) or 50.2(b); or
(ii) an annual leave allowance equal to any additional payments to which the
Employee would be entitled for the period of the leave for shift, Saturday or
Sunday duty which the Employee would be required to perform if they were
not proceeding on annual leave.
(b) The maximum allowance payable under clause 50.4(a) will not exceed an amount
calculated in respect of a salary at the top of Grade 4.
Payment of accrued annual leave entitlement upon termination
An Employee, who, upon retirement, resignation or termination of employment, has an
outstanding annual leave entitlement, will be paid an amount equal to the unused annual
leave entitlement and any unpaid annual leave allowance. Any annual leave allowance
payable pursuant to this clause 50.5 shall be calculated in accordance with clause 50.4.
Excessive Annual Leave Accruals
This clause contains provisions additional to the NES about taking paid annual leave, to
deal with excessive paid annual leave accruals.
(a) Dealing with annual leave accruals by agreement
Where an Employee’s accrued annual leave entitlement has not been taken by the
end of the calendar year following the calendar year in which it accrued, the
50.3
50.4
50.5
50.6
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Employer and Employee must genuinely try to agree upon steps that will be taken
to reduce or eliminate that leave accrual. This agreement must be attempted
before the Employer can direct that leave be taken under clause 50.6(b)(ii) or an
Employee can give notice of leave to be granted under clause 50.6(c)(ii).
(b) Employer may direct that excessive annual leave be taken
(i) An Employee has an excessive annual leave accrual if:
• the Employee has accrued more than eight weeks’ paid annual leave; or
• the Employee is a Shift Worker who is entitled to an additional week of
annual leave in accordance with clause 50.2(a) and has accrued more
than 10 weeks’ paid annual leave.
(ii) Where the Employee has an excessive annual leave accrual (and agreement
has not been reached under clause 50.6(a)), the Employer may give a
written direction to the Employee to take a period or periods of paid annual
leave. Such a direction must not:
• result in the Employee’s remaining accrued entitlement to paid annual
leave at any time being less than six weeks (taking into account all other
paid annual leave that has been agreed, that the Employee has been
directed to take or that the Employee has given notice of under clause
50.6(c)(ii); or
• require the Employee to take any period of leave of less than one week;
or
• require the Employee to take any period of leave commencing less than
eight weeks after the day the direction is given to the Employee; or
• require the Employee to take any period of leave commencing more than
12 months after the day the direction is given to the Employee; or
• be inconsistent with any leave arrangement agreed between the
Employer and Employee.
(iii) An Employee to whom a direction has been given under this clause may
make a request to take paid annual leave as if the direction had not been
given.
(iv) The Employer must not unreasonably refuse to agree to a request by the
Employee to take paid annual leave.
(v) If leave is agreed after a direction is issued and the direction would then
result in the Employee’s remaining accrued entitlement to paid annual leave
at any time being less than six weeks, the direction will be deemed to have
been withdrawn.
(vi) The Employee must take paid annual leave in accordance with a direction
complying with this clause.
(c) Employee may require that leave be granted
(i) This clause 50.6(c) applies if an Employee has had an excessive annual
leave accrual for more than six months and the Employer has not given a
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direction under clause 50.6(b)(ii) that will eliminate the Employee’s
excessive leave accrual.
(ii) If agreement is not reached under clause 50.6(a), the Employee may give a
written notice to the Employer that the Employee wishes to take a period or
periods of paid annual leave. Such a notice must not:
• result in the Employee’s remaining accrued entitlement to paid annual
leave at any time being less than six weeks (taking into account all other
paid annual leave that has been agreed, that the Employee has been
directed to take or that the Employee has given notice of under this
clause); or
• provide for the Employee to take any period of leave of less than one
week; or
• provide for the Employee to take any period of leave commencing less
than eight weeks after the day the notice is given to the Employer; or
• provide for the Employee to take any period of leave commencing more
than 12 months after the day the notice is given to the Employer; or
• be inconsistent with any leave arrangement agreed between the
Employer and Employee.
(iii) The maximum amount of leave that an Employee can give notice of under
this clause is:
• four weeks’ leave in any 12 month period; or
• five weeks’ leave in any 12 month period if the Employee is a Shift
Worker who is entitled to an additional week of annual leave in
accordance with clause 50.2(a).
(iv) The Employer must grant the Employee paid annual leave in accordance
with a notice complying with this clause.
(d) Disputes in relation to the operation of clause 50.6
A dispute in relation to the operation of this clause may be dealt with in accordance
with clause 13 (Resolution of Disputes).
Agency-specific annual leave arrangements
Accrual of leave by Senior Medical Advisors in the Department of Health is specified in
clause 6 of Appendix 4.
Cashing Out of Annual Leave
Annual leave must not be cashed out except in accordance with this clause.
The Employer and an Employee may agree to the Employee cashing out a particular
amount of the Employee’s accrued annual leave provided that the following
requirements are met:
50.7
51.
51.1
51.2
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(a) the cashing out of a particular amount of accrued annual leave must be by
agreement between the Employer and the Employee which must:
(i) be in writing and retained as an Employee record; and
(ii) state the amount of accrued leave to be cashed out and the payment to be
made to the Employee; and
(iii) state the date on which the payment is to be made; and
(iv) be signed by the Employer and Employee and, if the Employee is under 18
years of age, the Employee’s parent or guardian;
(b) the Employee must be paid at least the full amount that would have been payable
to the Employee had the Employee taken the leave at the time that it is cashed out;
and
(c) annual leave must not be cashed out if the cashing out would result in the
Employee’s remaining accrued entitlement to annual leave being less than four
weeks.
Subject to meeting the requirements outlined in this clause, an Employee may cash
out annual leave more than once during the life of the Agreement.
Purchased Leave
An Employee may, with the agreement of the Employer, work less than 52 weeks per
year. Access to this entitlement may only be granted on application from an Employee
and cannot be required as a precondition for employment.
An Employee can only make an application under this clause where the Employee
does not have an excessive annual leave accrual (as defined in clause 50.6(b)(i)).
Where an Employee, with an excessive annual leave accrual, wishes to make an
application under this clause, the extent of the Employee’s excessive annual leave
accrual and any plans the Employee has to take some or all of their accrued annual
leave entitlements in conjunction with any approved purchased leave arrangement,
will be considered by the Employer in assessing the Employee’s application for
purchased leave.
Where the Employer and an Employee agree on an employment arrangement under
clause 52.1, the annual salary applicable to an Employee relative to the additional
leave purchased will be as follows:
Table 24: Purchased Leave
Proportion of annual
salary applicable
under Schedule C
Number of additional
weeks of purchased leave
Total amount of leave
(purchased and
annual leave)
44/52 weeks Additional 8 weeks’ leave 12 weeks in total
45/52 weeks Additional 7 weeks’ leave 11 weeks in total
46/52 weeks Additional 6 weeks’ leave 10 weeks in total
51.3
52.
52.1
52.2
52.3
52.4
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Proportion of annual
salary applicable
under Schedule C
Number of additional
weeks of purchased leave
Total amount of leave
(purchased and
annual leave)
47/52 weeks Additional 5 weeks’ leave 9 weeks in total
48/52 weeks Additional 4 weeks’ leave 8 weeks in total
49/52 weeks Additional 3 weeks’ leave 7 weeks in total
50/52 weeks Additional 2 weeks’ leave 6 weeks in total
51/52 weeks Additional 1 weeks’ leave 5 weeks in total
(a) The above does not preclude an Employee and the Employer from agreeing to a
similar type of arrangement that would provide an Employee with additional
converted leave of more than eight weeks.
(b) The Employee will receive a salary equal to the period worked (e.g. 46 weeks, 49
weeks) which will be spread over a 52 week period.
(c) The accrual of personal/carer’s leave and long service leave by the Employee shall
remain unchanged.
The Employer will endeavour to accommodate Employee requests for arrangements
under this clause subject to operational requirements. Where such requests are
granted, the Employer will make proper arrangements to ensure that the workloads
of other Employees are not unduly affected and that excessive overtime is not
required to be performed by other Employees as a result of these arrangements.
An Employee may revert to ordinary 52 week employment by giving the Employer no
less than four weeks’ written notice. Where an Employee so reverts to 52 week
employment, appropriate pro rata salary adjustments will be made.
Infectious Diseases
Upon report by a Registered Medical Practitioner that by reason of contact with a person
suffering from an infectious disease and through the operation of restrictions imposed
by law in respect of such disease, an Employee is unable to attend work, the Employer
may grant the Employee special leave of absence with pay. The period of leave must not
be for any period beyond the earliest date at which it would be practicable for the
Employee to return to work having regard to the restrictions imposed by law.
Dangerous Medical Conditions
Where the Employer reasonably believes that the Employee is in such state of health as
to render the Employee a danger to other Employees, themselves or other persons, the
Employer may require the Employee to absent themselves from the workplace until the
Employee obtains and provides to the Employer a report from a Registered Medical
Practitioner. Subject to clause 54.2(b), any absence under this clause must be taken as
personal/carer’s leave or leave without pay.
52.5
52.6
53.
54.
54.1
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Upon receipt of a medical report confirming the Employee:
(a) has a medical condition that is a danger to other Employees, themselves or other
persons, the Employer may direct the Employee to be absent from duty for a
specified period or, if already on leave, direct such Employee to continue on leave
for a specified period.
(b) was fit for duty, any personal/carer’s leave taken will be re-credited to the
Employee’s and the absence will be treated as paid Other Leave (Clause 77).
Public Holidays
All Employees (except casual Employees) will be entitled to be absent from work on
the following Public Holidays without deduction of pay where the Public Holiday
occurs on a day the Employee would normally work:
(a) New Year’s Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday,
Christmas Day (25 December), Boxing Day, Australia Day, Anzac Day, Sovereign’s
Birthday, Labour Day, the Friday before the Australian Football League Grand Final
and Melbourne Cup Day.
Prescribed substitute and additional public holidays
(a) Christmas Day (25 December)
(i) When Christmas Day (25 December) is a Saturday an additional holiday will
be observed on the next Monday.
(ii) When Christmas Day (25 December) is a Sunday, an additional holiday will
be observed on the next Tuesday.
(b) Boxing Day
(i) When Boxing Day is a Saturday an additional holiday will be observed the
next Monday.
(ii) When Boxing Day is a Sunday, an additional holiday will be observed on the
next Tuesday.
(c) New Year’s Day
When New Year’s Day is a Saturday or a Sunday, an additional holiday will be
observed on the next Monday.
(d) Australia Day
When Australia Day is a Saturday or a Sunday, a holiday in lieu will be observed on
the next Monday.
Melbourne Cup Day Substitution
(a) If, a Public Holiday, is declared to apply to a non-metropolitan Council under
section 8A of the Public Holidays Act 1993 (Vic), that day or half day will be the
Public Holiday instead of Melbourne Cup Day.
(b) An Employee and Employer may agree to substitute the declared Public Holiday in
clause 55.3(a) for Melbourne Cup Day, in which case penalty rates for work on
54.2
55.
55.1
55.2
55.3
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the declared Public Holiday will not apply and the Employee will be able to absent
themselves from the workplace on Melbourne Cup Day without loss of pay.
(c) In the event there are insufficient substitution arrangements agreed under clause
55.3(b) to meet the Employer’s reasonable operational requirements, the
Employer may require an Employee whose workplace is in a non-metropolitan
Council to which a declared substitution Public Holiday applies, to work on the
declared Public Holiday. Employees required to work on the declared Public
Holiday will be paid overtime or time in lieu in accordance with clause 46
(Overtime), unless a substitution arrangement has been agreed under clause 55.5.
(d) In establishing the roster of Employees required to work on the declared Public
Holiday in lieu of Melbourne Cup, the Employer will consider both its reasonable
operational requirements and the personal circumstances of the Employees.
Additional or Substituted Public Holidays
Where in the whole or part of the State of Victoria, additional or substituted Public
Holidays are declared or prescribed on days other than those set out in clauses 55.1 and
55.3, those days shall constitute additional or substituted holidays for the purpose of
this Agreement for Employees who have their place of principal employment in a
municipality to which the additional or substituted Public Holiday applies.
Substitution of Public Holiday
(a) An Employee may by agreement with the Employer substitute another day for any
prescribed in this clause to observe religious or cultural occasions or like reasons
of significance to the Employee.
(b) Despite clause 55.5(a), an Employee may apply to the Employer to substitute
Australia Day for another day of leave.
(c) Requests for substitution of a public holiday under clause 55.5(a) or clause
55.5(b) will be considered subject to operational requirements.
Personal/Carer’s Leave
Definitions
In this clause:
Assistance Animal means an animal formally trained to assist a person with a disability
to alleviate the effect of their disability. This includes
(a) a guide dog for people with vision impairment, or
(b) hearing dogs for people with hearing impairment, or
(c) assistance dogs for people with a physical disability, or
(d) medical alert animals that help people before and during a medical emergency, or
(e) psychiatric service animals that help people with a mental illness, or
(f) any other animal agreed by the Employer or to which an Assistance Animal Pass
granted by the Department of Transport and Planning applies.
55.4
55.5
56.
56.1
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Assistance Animal does not include a pet, companion or therapy animals.
Registered Practitioner means one of the following: Aboriginal and Torres Strait
Islander health practitioner, Chinese medicine practitioner, Chiropractor, Dental care
practitioner, Medical practitioner, Medical Radiation Practitioner, Nurse practitioner,
Midwife, Occupational Therapist, Optometrist, Osteopath, Pharmacist, Physiotherapist,
Podiatrist, Psychologist or any other profession registered under the Health Practitioner
Regulation National Law (Victoria) Act 2009.
Paid personal/carer’s leave
(a) An Employee, other than a casual Employee, is entitled to paid personal/carer’s
leave when they are absent because of:
(i) personal illness or injury; or
(ii) personal illness or injury of an Employee’s Immediate Family, household
member or Assistance Animal who requires the Employee's care or support;
or
(iii) an unexpected emergency affecting an Employee’s Immediate Family,
household member or Assistance Animal, or
(iv) attendance at a medical appointment with a Registered Practitioner, subject
to clause 56.6.
Amount and Accrual of Paid Personal/Carers Leave
(a) A full-time Employee is entitled to paid personal/carer’s leave of 114 hours
(120 hours for Employees whose ordinary hours of duty average 80 hours per
fortnight).
(b) A part-time Employee is entitled to a pro-rata amount of paid personal/carer’s
leave based on the part-time Employee’s hours of work.
(c) The Employer will not apply the provisions of this clause in a manner which is
inconsistent with the NES.
(d) Leave will be credited on commencement of employment and subsequently on the
anniversary date of the Employee’s employment.
(e) Employees appointed for a fixed-term period will accrue on a pro-rata basis paid
personal/carer’s leave according to length of their service.
(f) Leave without pay will not count as service for personal/carer’s leave accrual
purposes.
(g) Unused paid personal/carer’s leave accumulates from year to year.
(h) Accrued personal/carer’s leave will not be paid out on termination of employment.
Payment for Personal / Carer’s Leave
The Employer will pay an Employee for Personal/Carer’s Leave they take at the ordinary
hourly rate of pay they would have received had they been at work.
Note: This means that a full-time or part-time employee who takes one full day of Personal / Carer’s
leave will be paid 7.6 hours. An employee who takes leave on a day where they work more than 7.6
56.2
56.3
56.4
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hours will be paid the hours they would have been paid had they been at work. A part-time employee
working less than the equivalent of a full-time day will be paid for the hours they would have been
paid had they been at work.
How leave is deducted from leave balance
(a) It is the intent of the Parties that full-time equivalent Employees receive 15 days
paid Personal / Carer’s Leave per annum irrespective of the length of their
ordinary hours of work or shift. Clause 56.5(b) is intended to give effect to that
intent.
(b) For full-time Employees and part-time Employees who work the equivalent
of a full-time day
The Employer will deduct leave from the Employee’s leave balance at a nominal
value of 7.6 hours for each day of Personal/Carer’s leave taken, (or 8 hours for
Employees whose ordinary hours of duty average 80 hours per fortnight),
irrespective of the actual ordinary hours worked on the day;
Where the Employee is absent on paid personal/carer’s leave for part of a day, the
following formula determines the number of hours the Employer will deduct from
the Employee’s leave balance for that absence:
𝑁𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 ℎ𝑜𝑢𝑟𝑠 𝑜𝑓 𝑃𝑒𝑟𝑠𝑜𝑛𝑎𝑙/𝐶𝑎𝑟𝑒𝑟′𝑠 𝐿𝑒𝑎𝑣𝑒 𝑡𝑎𝑘𝑒𝑛
𝐸𝑚𝑝𝑙𝑜𝑦𝑒𝑒′𝑠 𝑜𝑟𝑑𝑖𝑛𝑎𝑟𝑦 ℎ𝑜𝑢𝑟𝑠 𝑜𝑓 𝑤𝑜𝑟𝑘 𝑜𝑛 𝑡ℎ𝑒 𝑑𝑎𝑦
× 7.6 (𝑜𝑟 8 ℎ𝑜𝑢𝑟𝑠)
(c) For part-time employees who work less than the equivalent of a full-time day
Part-time employees who work part-days which are less than the relevant full-
time equivalent shift will have their leave deducted by the hours they would have
worked on that day had they been at work.
Personal Leave for medical appointments
(a) An Employee may access their accrued Personal/Carer’s Leave to attend a medical
appointment with a Registered Practitioner when the appointment cannot be
reasonably scheduled outside the Employee’s working hours.
(b) The Employee must provide notice in accordance with clause 56.8 and evidence
in accordance with clause 56.9(a). Approval will not be unreasonably refused
having regard to the Employer’s operational requirements, the needs of the
Employee and the amount of notice provided by the Employee.
(c) Attendance at routine medical appointments may, by agreement with the
Employer, also be facilitated through flexible working arrangement (such as
agreement to make up the time taken to attend medical appointments) as an
alternative to using accrued Personal/Carer’s Leave.
Personal/Carer’s leave at half pay
(a) In exceptional circumstances, an Employee may be granted approval to convert
any or all of their accrued paid personal/carer’s leave entitlement to half pay for a
period equal to twice the period to which the Employee would otherwise be
entitled.
56.5
56.6
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(b) Approval of half-pay personal/carer’s leave will only be granted in relation to an
absence of 4 weeks or more.
(c) To be eligible for personal/carer’s leave at half pay under this clause, the Employee
must comply with all notice and documentary evidence requirements stipulated in
this clause.
Notice
An Employee must give the Employer notice of the taking of personal / carer’s leave
under this clause. The notice:
(a) must advise the Employer of the period, or expected period, of the leave; and
(b) must be given to the Employer as soon as practicable, which may be a time after
the personal/carer’s leave has started.
Evidence Requirements
(a) Personal leave
The Employee must provide the Employer with supporting evidence that would
satisfy a reasonable person that their absence from work satisfies clause 56.2 to
be paid personal leave. Without limitation, types of appropriate evidence may
include a medical certificate, statutory declaration or evidence of attendance at a
medical appointment from a Registered Practitioner.
(b) Carer’s leave
(i) The Employee must provide the Employer with evidence that would satisfy
a reasonable person of their entitlement to be paid carer’s leave.
(ii) The form of evidence required by the Employer will depend on the
circumstances of the carer’s leave request. Without limitation, this may
include:
• a medical certificate from a Registered Practitioner, or
• evidence from a registered veterinary practitioner (in the case of
an Assistance Animal), or
• a statutory declaration stating that the condition of the person
or Assistance Animal concerned requires the Employee’s care or
support, or
• other relevant documentary evidence.
(iii) Additional evidentiary requirements for an Assistance Animal
• The Employer may require the Employee to provide appropriate
documentary evidence that states the Assistance Animal is
within the definition of an Assistance Animal at clause 56.1.
• The form of evidence may include an accreditation certificate,
proof of training or a statutory declaration stating the animal is
an Assistance Animal.
56.8
56.9
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Exception
(a) In each year of employment, the following exceptions apply to the evidence
requirements in clause 56.9:
(i) An Employee may take up to an aggregate of 5 days or equivalent pro-rata
amount accrued personal/carer’s leave in each year of employment, without
having to provide the Employer with the documentary evidence required by
clause 56.9.
(ii) Despite clause 56.10(a)(i) an Employee must provide appropriate
evidence to the Employer as set out in clause 56.9 for any absence which is
for a continuous period exceeding 3 days.
(b) Despite clause 56.10(a), the Employer may require that an Employee provide
appropriate documentary evidence in accordance with clause 56.9.
(c) Chronic Health Conditions
(i) An Employee with a chronic health condition, or an Employee who provides
care for someone with a chronic health condition (in accordance with clause
56.2), will not be required to provide evidence for each absence related to
the condition. An Employee must provide the Employer with a medical
certificate from a Registered Practitioner or other appropriate documentary
evidence in accordance with clause 56.9 that confirms the health condition
and would satisfy a reasonable person of their entitlement to take leave
under this clause.
(ii) Notwithstanding clause 56.10(c)(i), the Employer may require that an
Employee:
• provide a further medical certificate from a Registered
Practitioner where the Employee has been on personal or carers
leave for at least six weeks; or
• provide appropriate documentary evidence at any time
consistent with clause 56.9.
Further documentary evidence
(a) The Employer may require that an Employee provide a further medical certificate
from an independent Registered Practitioner from a relevant specialisation where
an Employee has been on personal leave for at least six weeks and has a medical
certificate indicating on-going need for personal leave. The Employee will select a
Registered Practitioner from a list of at least three Registered Practitioners
nominated by the Employer. The nominated Registered Practitioners will not
include a Registered Practitioner employed by the Employer in the VPS. If it is not
possible for the Employer to nominate three appropriately specialised Registered
Practitioners, the Employer may provide fewer than three Registered
Practitioners for the Employee to select from.
(b) The Employer may require that an Employee provide further documentary
evidence that would satisfy a reasonable person where an Employee has been on
carer’s leave for at least two weeks including evidence stating that the condition of
the person concerned requires the continued care or support of the Employee.
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Evidence to facilitate return to work
If the Employee has been on personal leave for at least six weeks the Employer may
request that the Employee obtain other documentary evidence from the Employee’s
treating Registered Practitioner for the purposes of determining when the Employee can
return to work and any reasonable adjustments that may be necessary in the workplace.
Failure to provide relevant evidence
Failure by the Employee to provide documentary evidence as required by the Employer
within a reasonable period of time may render the Employee ineligible for payment for
personal/carer’s leave.
Absence on Public Holidays
(a) If the period during which an Employee takes paid personal/carer’s leave includes
a day or part-day that is a Public Holiday in the place where the Employee is based
for work purposes, the Employee is taken not to be on paid personal/carer’s leave
on that Public Holiday.
(b) Despite clause 56.14(a), a Shift Worker credited with substitute leave in
accordance with clause 43.4 who is rostered to perform ordinary duty on a Public
Holiday and who takes paid personal/carer’s leave on that day or part of that day,
will be taken to be on paid personal/carer’s leave.
Unpaid personal leave
An Employee who has exhausted all paid personal/carer’s leave entitlements may, take
unpaid personal leave with the consent of the Employer. An Employer may also request
to use other accrued paid leave instead of unpaid personal leave. Any such requests
should not be unreasonably refused. The Employer will require that the Employee
provide documentary evidence to support the period of absence .
Unpaid carer’s leave
(a) An Employee who has exhausted all paid personal/carer’s leave entitlements may
take unpaid carer’s leave to provide care or support in the circumstances outlined
in clauses 56.2(a)(ii) or 56.2(a)(iii) providing the Employee complies with the
notice and evidence requirements outlined in clause 56.9(b). The Employer and
the Employee will agree on the period of unpaid leave. In the absence of agreement,
the Employee may take up to two days unpaid carer’s leave per occasion.
(b) Alternatively, the Employee may, with the consent of the Employer, elect to work
make-up time, under which the Employee takes time off during ordinary hours and
works those hours at a later time during the Employee’s spread of ordinary hours.
Casual Employees – Caring responsibilities
(a) Casual Employees may be unavailable to attend work or may be required to leave
work if they need to care for members of their Immediate Family, household or
Assistance Animal who are sick and require care and support, or who require care
due to an unexpected emergency, or the birth of a Child.
(b) The Employer and a casual Employee will agree on the period for which the casual
Employee may be unavailable to attend work. In the absence of agreement, a casual
Employee is permitted to be absent from work for up to two days per occasion. A
casual Employee is not entitled to any payment for the period of non-attendance.
56.12
56.13
56.14
56.15
56.16
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(c) A casual Employee must comply with the notice and evidence requirements
outlined in this clause 56.
Inherent Requirements
Employee’s incapacity to undertake duties
(a) If the Employer has a genuine concern about an Employee’s capacity to undertake
their duties, the Employer may require that the Employee provide a medical report
from an independent Registered Practitioner from a relevant specialisation, or by
agreement between the Employee and Employer, from the Employee’s treating
Registered Practitioner.
(b) Where the Employer believes it is reasonable for an independent Registered
Practitioner to provide a report, the Employee will select a Registered Practitioner
from a list of at least three Registered Practitioners nominated by the Employer.
The nominated Registered Practitioners will not include a Registered Practitioner
employed by the Employer in the VPS. If it is not possible for the Employer to
nominate three appropriately specialised Registered Practitioners, the Employer
may provide fewer than three Registered Practitioners for the Employee to select
from.
Reproductive Health and Wellbeing Leave
Entitlement
(a) An Employee (other than a Casual Employee) may take up to five days (pro-rata
for part-time Employees) per year of service paid Reproductive Health and
Wellbeing Leave where an Employee:
(i) is unable to work as result of experiencing symptoms associated with
endometriosis or poly cystic ovary syndrome, or
(ii) is unable to work as a result of experiencing symptoms associated with
menopause or menstruation, or
(iii) requires medical care for treatment of, or associated with, endometriosis
poly cystic ovary syndrome,
(iv) requires medical care due to complications associated with a pregnancy, or
(v) is undertaking a medical procedure associated with fertility treatment
(including egg harvesting or embryo implantation).
Access to Reproductive Health and Wellbeing Leave
An Employee will become eligible to access the five days of Reproductive Health and
Wellbeing Leave where their balance of accrued Personal/Carer’s Leave has reduced
to fifteen days or fewer. Subject to the conditions in this clause, a maximum of five
days leave will be available per each year of employment.
57.
57.1
58.
58.1
58.2
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Notice and evidence requirements
(a) An Employee requesting to take leave under this clause must advise the Employer
of the period, or expected period, of the leave as soon as practicable, which may be
a time after the leave has started.
(b) The Employer may request the Employee on each occasion provide appropriate
evidence, for example a medical certificate, that would satisfy a reasonable person
of the Employee’s entitlement to take leave under this clause.
(c) Evidence that may be requested under Clause 58.3(b) is limited to confirmation
that an element of Clause 58.1(a) applies. An Employee is not required to disclose
any sensitive medical details.
(d) Failure by the Employee to provide documentary evidence as required by the
Employer within a reasonable period of time may render the Employee ineligible
for paid leave under this clause.
Requests for other workplace supports
(a) An Employee experiencing reproductive health and wellbeing difficulties
(including, but not limited to, those specified in Clause 58.1) may also request:
(i) to work from home during symptoms or for an agreed period to facilitate
attendance at or recover from specialist medical interventions associated
with the abovementioned conditions, and/or
(ii) other workplace supports which prioritise comfort and wellbeing of the
Employee.
(b) Requests will be considered subject to the operational requirements of the
Employer, including occupational health and safety considerations. Employers
must not unreasonably refuse these requests.
The leave under this clause is non-cumulative and will not be paid out on cessation of
Employment.
Accrual of Personal/Carer’s Leave will not be affected or reduced by an Employee
accessing Reproductive Health and Wellbeing Leave.
This clause will not limit the continued operation of other Employer specific policies
that provide additional entitlements.
Family Violence Leave
General Principles
(a) The Employer recognises that Employees sometimes face situations of violence or
abuse in their personal life that may affect their attendance or performance at
work. Therefore, the Employer is committed to providing support to Employees
that experience family violence.
(b) Leave for family violence purposes is available to Employees who are experiencing
family violence and they are required to be absent from the workplace to deal with
the impact of family and domestic violence This may include leave to attend
counselling appointments and legal proceedings, provide childcare, arrange for
58.3
58.4
58.5
58.6
58.7
59.
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the safety of themselves or a close relative, and other activities related to, and as a
consequence of, family violence.
(c) The supports and paid or unpaid leave provided under this clause do not extend
to perpetrators (or alleged perpetrators) of family violence.
Definition of Family Violence
Family violence includes physical, sexual, financial, verbal or emotional abuse by a family
member as defined by the Family Violence Protection Act 2008 (Vic).
Eligibility
Leave for family violence purposes is available to all Employees as outlined in this clause.
General Measures
(a) Evidence of family violence may be required and if so, should demonstrate that:
(i) the Employee needs or needed to do something to deal with the impact of
family and domestic violence, and
(ii) was required to absent themselves from the workplace, or it would have
been impractical for them to do the thing outside work hours.
(b) Evidence given in the form of a statutory declaration, an agreed document issued
by the Police Service, a Court, a registered health practitioner, a Family Violence
Support Service, district nurse, maternal and health care nurse or Lawyer would
all be sufficient to meet clause 59.4(a). Types of appropriate evidence are not
limited to the listed examples above, and they do not have to provide extensive
detail as to the circumstances which give rise to the need for leave.
(c) A request for evidence made by the Employer will not be unreasonable or overly
onerous on the Employee. All requests must be handled sensitively and with
consideration of the Employee’s safety and the circumstances of each case.
(d) All personal information concerning family violence will be kept confidential in
line with the Employer’s policies and relevant legislation. No information will be
kept on an Employee’s personnel file without their express written permission.
(e) No adverse action will be taken against an Employee if their attendance or
performance at work suffers as a result of experiencing family violence.
(f) The Employer will identify contact/s within the workplace who will be trained in
family violence and associated privacy issues. The Employer will advertise the
name of any Family Violence contacts within the workplace.
(g) An Employee experiencing family violence may raise the issue with their
immediate supervisor, Family Violence contacts, Accredited Representative of the
Union, Workplace Delegate or nominated Human Resources contact. The
immediate supervisor may seek advice from Human Resources if the Employee
chooses not to see the Human Resources or Family Violence contact.
(h) Where requested by an Employee, the Human Resources contact will liaise with
the Employee’s manager on the Employee’s behalf, and will make a
recommendation on the most appropriate form of support to provide in
accordance with clause 59.4(a), clause 59.5(a) and clause 59.9.
59.2
59.3
59.4
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(i) The Employer will develop guidelines to supplement this clause and which details
the appropriate action to be taken in the event that an Employee reports family
violence.
Leave for Employees other than Casual Employees
(a) An Employee, other than a casual Employee experiencing family violence will have
access to up to 20 days of paid family violence leave, per year of employment, to
address the impact of family and domestic violence. This leave is available in full
at the start of each employment year in line with an Employee’s anniversary date
and does not accumulate from year-to-year. Where an Employee has exhausted
their leave allocation in any single year of employment, consideration will be given
to providing additional leave.
(b) Pro-rata entitlements for part-time employees will continue to apply in
accordance with clause 20.4 of the Agreement provided that the pro-rata
arrangements result in at least 10 days paid family violence leave per annum for
each part-time Employee.
Leave for a casual Employee
(a) Casual Employees are entitled to access up to 10 days of paid family violence leave
and a further 10 days of leave without pay for family violence purposes in any
single year starting from the Employee’s anniversary date.
(b) This leave is available in full at the start of each employment year in line with a
casual Employee’s anniversary date and does not accumulate from year-to-year.
(c) The Employer may use their discretion to grant additional paid leave to a casual
Employee experiencing family violence under clause 77 (Other Leave) of the
Agreement on a case by case basis.
Rate of pay during a period of family violence leave
(a) Family violence leave will be paid at the Employee’s full rate of pay, including any
applicable allowances, overtime payments or penalty rates, regardless of any
Agreement provision to the contrary.
(b) The Employee’s full rate of pay is worked out based on the amount they would
have been paid had they not taken the period of leave.
Taking of Family Violence Leave
(a) Family Violence leave will be in addition to existing leave entitlements and may be
taken as consecutive or single days or as a fraction of a day and can be taken
without prior approval.
(b) An Employee who supports a person experiencing family violence may utilise their
personal/carer’s leave entitlement to accompany them to court, to hospital, or to
care for children. The Employer may require evidence consistent with clause
59.4(a) from an Employee seeking to utilise their personal/carer’s leave
entitlement.
59.5
59.6
59.7
59.8
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Individual Support
(a) In order to provide support to an Employee experiencing family violence and to
provide a safe work environment to all Employees, the Employer will approve any
reasonable request from an Employee experiencing family violence for:
(i) temporary or ongoing changes to their span of hours or pattern or hours
and/or shift patterns; or
(ii) temporary or ongoing job redesign or changes to duties; or
(iii) temporary or ongoing relocation to suitable employment; or
(iv) a change to their telephone number or email address to avoid harassing
contact; or
(v) any other appropriate measure including those available under existing
provisions for family friendly and flexible work arrangements.
(b) Requests from an Employee to change their working arrangements under this
clause must be treated and responded to in the same manner as a request under
clause 10 of this Agreement.
(c) Any changes to an Employee’s role should be reviewed at agreed periods. When an
Employee is no longer experiencing family violence, the terms and conditions of
employment may revert back to the terms and conditions applicable to the
Employee’s substantive position.
(d) The Employer may also implement a Workplace Safety plan upon request by and
in consultation with the Employee, which includes specific measures to minimise
risk that the Employee will be subject to violent or abusive behaviour at work from
the perpetrator of family violence and protocols for dealing with a crisis situation.
(e) Upon request from the Employee and where the Employer has the technological
capabilities to do so, the Employer may use existing IT services to screen the
Employee’s devices, including private devices, for spyware and malware.
(f) An Employee experiencing family violence will be offered access to the Employee
Assistance Program (EAP) and/or other available local Employee support
resources. The EAP shall include professionals trained specifically in family
violence.
(g) An Employee that discloses that they are experiencing family violence will be given
information regarding current support services.
Military Service Sick Leave
Where the Employer is satisfied that an illness of an Employee with at least six months
paid continuous service is directly attributable to, or is aggravated by, service
recognised under the Veterans’ Entitlements Act 1986 (Cth), including operational
service, peacekeeping service or hazardous service, the Employee will be credited
with 114 hours special leave with pay for each year of service with the VPS from the
conclusion of the Employee’s operational, peacekeeping or hazardous service.
Leave under this clause will be cumulative to a maximum of 760 hours.
59.9
60.
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This leave is in addition to personal leave under clause 56.
The Employer may require the Employee to provide evidence of the existence of the
illness and its relationship to service from a Registered Practitioner as specified in
clause 56.9(a).
For each period of special leave taken, the Employee must comply with the notice and
evidence requirements outlined in clause 56.
Compassionate Leave
Amount of compassionate leave
(a) An Employee, other than a casual Employee, is entitled to up to three days paid
compassionate leave on each occasion:
(i) when a member of the Employee's Immediate Family or a member of the
Employee’s household:
• contracts or develops a personal illness that poses a serious
threat to their life; or
• sustains a personal injury that poses a serious threat to their life;
or
• dies,
(ii) a child is stillborn, where the child would have been a member of the
employee's immediate family, or a member of the employee's household, if
the child had been born alive; or
(iii) the employee, or the employee's spouse or de facto partner, has a
miscarriage (other than in relation to a stillbirth child or a former spouse or
former de factor partner).
each of which constitutes a permissible occasion for the purposes of this
clause 61.
(b) An Employee may take compassionate leave for a particular permissible occasion
if the leave is taken:
(i) to spend time with the member of the Employee’s Immediate Family or
household who has contracted or developed a personal illness or sustained
a personal injury referred to in clause 61.1(a); or
(ii) after the death of a member of the Employee’s Immediate Family or
household referred to in clause 61.1(a); or
(iii) after the stillbirth of the child as referred to in clause 61.1(a)(ii); or
(iv) after the Employee or the Employee’s spouse or de facto partner, has a
miscarriage as referred to in clause 61.1(a)(iii).
(c) An Employee is not required to take compassionate leave in respect of a
permissible occasion consecutively.
60.3
60.4
60.5
61.
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(d) Compassionate leave will not accrue from year to year and will not be paid out on
termination of the employment of the Employee.
Payment for Compassionate Leave (other than for casual Employees)
An Employee, other than a casual Employee, who takes paid compassionate leave, is
entitled to be paid at their Salary for ordinary hours of work in the period in which
the compassionate leave is taken.
Unpaid Compassionate Leave
(a) An Employee, including a casual Employee, may take unpaid compassionate leave
by agreement with the Employer.
(b) In addition to the other provisions of this clause, Employees of Aboriginal or
Torres Strait Islander descent may be granted paid and unpaid leave in relation to
the death of a member of their Immediate Family or extended family in accordance
with clause 67.4.
Notice and Evidence Requirements
(a) An Employee who is taking compassionate leave under this clause must give notice
to the Employer “as soon as practicable” (which may be at a time after the
compassionate leave has started) and must advise the Employer of the period, or
expected period, of the compassionate leave.
(b) An Employee must provide the Employer with supporting evidence that would
satisfy a reasonable person to support the taking of compassionate leave.
Satisfactory evidence may include a medical certificate from a Registered
Practitioner (as that term is defined in clause 56.1), a statutory declaration or
other relevant documentary evidence that would satisfy a reasonable person.
(c) The Employee is not entitled to compassionate leave under this clause unless the
Employee complies with the evidence and notice requirements set out in this
clause.
Other significant family or personal connections
(a) An Employee may, at the discretion of the Employer, be granted compassionate
leave with or without pay when a person with a significant family or personal
connection to the Employee, but who is not a member of the Employee’s
Immediate Family (as defined in clause 2) or household, dies or sustains a
personal illness or injury that poses a serious threat to that person’s life.
Parental Leave
Application
(a) Eligible Employees are entitled to parental leave under this clause if the leave is
associated with:
(i) the birth of a Child of the Employee, the Employee’s Spouse or the
Employee’s legal surrogate or the placement of a Child with the Employee
for adoption; and
(ii) the Employee has or will have a responsibility for the care of the Child.
61.2
61.3
61.4
61.5
62.
62.1
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(b) An Employee currently on parental leave (excluding an Employee on Extended
Family Leave under clause 62.33) is not required to return to work in order to
access a further period of parental leave under this clause.
Definitions
For the purposes of this clause:
(a) Eligible Employee means:
(i) a full-time or part-time Employee, whether employed on an ongoing or fixed
term basis, or
(ii) a Regular Casual Employee who has, but for accessing parental leave under
this clause, a reasonable expectation of continuing employment by the
Employer on a regular and systematic basis.
(b) Child means:
(i) in relation to birth-related leave, a child (or children from a multiple birth)
of the Employee or the Employee’s Spouse or the Employee’s legal surrogate;
or
(ii) in relation to adoption-related leave, a child (or children) who will be placed
with an Employee, and:
• who is, or will be, under 16 as at the day of placement, or the expected
day of placement;
• has not, or will not have, lived continuously with the Employee for a
period of 6 months or more as at the day of placement, or the expected
day of placement; and
• is not (otherwise than because of the adoption) a child of the Employee
or the Employee’s Spouse.
(c) Primary Caregiver means the person who takes primary responsibility for the
care of a newborn or newly adopted Child. The Primary Caregiver is the person
who meets the Child's physical needs more than anyone else. Only one person can
be a Child's Primary Caregiver on a particular day.
(d) Secondary Caregiver means a person who has parental responsibility for the
Child but is not the Primary Caregiver.
(e) Spouse includes a de facto spouse, former spouse or former de facto spouse. The
Employee’s de facto spouse means a person who lives with the Employee as
husband, wife or same sex partner on a bona fide domestic basis, whether or not
legally married to the Employee.
(f) Recognised Prior Service means any service immediately prior to the Employee’s
employment with the Employer, where the Employee was employed:
(i) by a public entity under the PAA;
(ii) under Part 6 of the PAA; or
(iii) as a parliamentary officer or electorate officer under the Parliamentary
Administration Act 2005 (Vic);
62.2
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Summary of Parental Leave Entitlements
Table 25: Parental Leave Entitlements
Paid leave Unpaid leave Total
Primary Caregiver
Primary Caregiver Parental
Leave
16 weeks Up to 36 weeks 52 weeks
Regular Casual Employee 0 Up to 52 weeks 52 weeks
Secondary Caregiver
Secondary Caregiver Parental
Leave
4 weeks Up to 48 weeks 52 weeks
Secondary Caregiver and takes
over the primary responsibility
for the care of the Child within
first 78 weeks
An additional
12 weeks
Up to 36 weeks 52 weeks
Regular Casual Employee 0 Up to 52 weeks 52 weeks
Pre-natal leave
Pregnant employee 38 hours
Spouse 7.6 hours
Pre-adoption leave
Pre-adoption leave 2 days
Permanent Care Leave
Permanent Care Leave 16 weeks Up to 36 weeks 52 weeks
Grandparent Leave
Grandparent Leave 0 Up to 52 weeks 52 weeks
Parental Leave – Primary Caregiver
(a) An Eligible Employee who will be the Primary Caregiver at the time of the birth or
adoption of their Child, is entitled to up to 52 weeks parental leave, comprising:
(i) 16 weeks paid parental leave; and
(ii) up to 36 weeks unpaid parental leave.
(b) An Eligible Employee who will be the Primary Caregiver and who is a Regular
Casual Employee, is entitled to up to 52 weeks unpaid parental leave.
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(c) Only one parent can receive Primary Caregiver parental leave entitlements in
respect to the birth or adoption of their Child. An Employee cannot receive Primary
Caregiver parental leave entitlements:
(i) if their Spouse is, or will be, the Primary Caregiver at the time of the birth or
adoption of their Child, or
(ii) if their Spouse has received, or will receive, primary caregiver entitlements,
or a similar entitlement, from their employer; or
(iii) if the Employee has received, or will receive, Secondary Caregiver parental
leave entitlements in relation to their Child.
Parental Leave – Secondary Caregiver
(a) An Eligible Employee who will be the Secondary Caregiver at the time of the birth
or adoption of their Child, is entitled to up to 52 weeks parental leave, comprising:
(i) 4 weeks paid parental leave; and
(ii) 12 weeks Additional paid Secondary Caregiver parental leave, subject to the
conditions in clause 62.6, and
(iii) unpaid parental leave to bring the total available paid and unpaid leave to
52 weeks.
(b) An Eligible Employee who will be the Secondary Caregiver, and who is a Regular
Casual Employee is entitled to up to 52 weeks unpaid parental leave.
(c) Only one parent can receive Secondary Caregiver parental leave entitlements in
respect to the birth or adoption of their Child.
(d) An Employee cannot receive Secondary Caregiver parental leave entitlements
where the Employee has received Primary Caregiver parental leave entitlements
in relation to their Child.
Additional paid leave for Secondary Caregiver
(a) A Secondary Caregiver is entitled to up to an additional 12 weeks’ paid leave within
the first 78 weeks of the date of birth or adoption of the Child provided that:
(i) the Secondary Caregiver assumes primary responsibility for the care of a
child, by meeting the Child's physical needs more than anyone else; and
(ii) the Secondary Caregiver’s spouse is not concurrently taking primary
responsibility for the care of the Child or receiving paid parental leave,
primary caregiver entitlements or a similar entitlement from their
employer.
(b) Where a Secondary Caregiver takes additional paid leave, the total quantum of the
paid leave will be 12 weeks’ pay at the Employee’s ordinary hours of 38 hours per
week for a full-time employee (40 hours for Custodial officers), and pro-rata for
part-time employees. Where a Secondary Caregiver uses this entitlement flexibly,
and/or does not work a standard roster pattern, this quantum may be expressed
as hours of leave (456 for a full-time employee or 480 hours for Custodial Officers
in the Custodial Structure working an 80 hour fortnight) to be taken on the
Employee’s rostered days.
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(c) To access additional paid leave, the Employee must have been eligible for paid
Secondary Caregiver leave at the time of birth or adoption of their Child,
irrespective of when the Employee elects to take the paid leave under this clause.
Pre-Natal Leave
(a) A pregnant Employee will have access to paid leave totalling up to 38 hours per
pregnancy, pro-rata for part-time Employees, to enable the Employee to attend
routine medical appointments associated with the pregnancy.
(b) An Employee who has a Spouse who is pregnant will have access to paid leave
totalling up to 7.6 hours per pregnancy, pro-rata for part-time Employees, to
enable the Employee to attend routine medical appointments associated with the
pregnancy.
(c) The Employee is required to provide a medical certificate from a registered
medical practitioner confirming that the Employee or their Spouse is pregnant.
Each absence on pre-natal leave must also be covered by a medical certificate.
(d) The Employer should be flexible enough to allow the Employee the ability to leave
work and return on the same day.
(e) Paid pre-natal leave is not available to casual Employees.
Pre-adoption leave
(a) An Employee seeking to adopt a Child is entitled to two days paid leave for the
purpose of attending any compulsory interviews or examinations as are necessary
as part of the adoption procedure.
(b) An Employee seeking to adopt a Child may also access further unpaid leave. The
Employee and the Employer should agree on the length of any unpaid leave. Where
agreement cannot be reached, the Employee is entitled to take up to two days
unpaid leave.
(c) Where accrued paid leave is available to the Employee, the Employer may require
the Employee to take such leave instead of taking unpaid leave under this sub-
clause.
(d) The Employer may require the Employee to provide satisfactory evidence
supporting the leave.
(e) The Employer should be flexible enough to allow the Employee the ability to leave
work and return on the same day.
(f) Paid pre-adoption leave is not available to casual Employees.
Permanent Care Leave
An Employee will be entitled to access parental leave in accordance with this clause at a
time agreed with the Employer if they:
(a) are granted a permanent care order in relation to the custody or guardianship of a
Child pursuant to the Children, Youth and Families Act 2005 (Vic) (or any successor
to the legislation) or a permanent parenting order by the Family Court of Australia,
and
(b) will be the Primary or Secondary Caregiver for that Child.
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Grandparent Leave
An Employee, who is or will be the Primary Caregiver of a grandchild, is entitled to a
period of up to 52 weeks’ continuous unpaid grandparent leave in respect of the birth or
adoption of the grandchild of the Employee.
Access to parental leave for an Employee whose Child is born by surrogate
An Employee whose Child is born through a surrogacy arrangement which complies with
Part 4 of the Assisted Reproductive Treatment Act 2008 (Vic) (or successor instrument),
is eligible to access the parental leave entitlements outlined in clause 63.
Continuing to work while pregnant
(a) The Employer may require a pregnant Employee to provide a medical certificate
stating that the Employee is fit to work their normal duties where the Employee:
(i) continues to work within a six week period immediately prior to the
expected date of birth of the Child; or
(ii) is on paid leave under clause 62.14(b).
(b) The Employer may require the Employee to start parental leave if the Employee:
(i) does not give the Employer the requested certificate within seven days of
the request; or
(ii) gives the Employer a medical certificate stating that the Employee is unfit to
work.
Personal/Carer’s Leave
A pregnant Employee, not then on parental leave, who is suffering from an illness
whether related or not to the pregnancy, may take any paid and/or unpaid
personal/carer’s leave in accordance with clause 56.
Transfer to a Safe Job
(a) Where an Employee is pregnant and, in the opinion of a registered medical
practitioner, illness or risks arising out of the pregnancy or hazards connected
with the work assigned to the Employee make it inadvisable for the Employee to
continue at their present work, the Employee will, if the Employer deems it
practicable, be transferred to a safe job with no other change to the Employee’s
terms and conditions of employment until the commencement of parental leave.
(b) If the Employer does not think it to be reasonably practicable to transfer the
Employee to a safe job, the Employee may take No Safe Job Paid Leave, or the
Employer may require the Employee to take no safe job paid leave immediately for
a period which ends at the earliest of either:
(i) when the Employee is certified unfit to work during the six week period
before the expected date of birth by a registered medical practitioner; or
(ii) when the Employee’s pregnancy results in the birth of a living child or when
the Employee’s pregnancy ends otherwise than with the birth of a living
child.
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62.12
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(c) The entitlement to No Safe Job Paid Leave is in addition to any other leave
entitlement the Employee has.
Special Parental Leave
Where the pregnancy of an Employee not then on parental leave terminates other than
by the birth of a living Child, the Employee may take leave for such periods as a registered
medical practitioner certifies as necessary, as follows:
(a) where the pregnancy terminates during the first 12 weeks, during the certified
period/s the Employee is entitled to access any paid and/or unpaid
personal/carer’s leave entitlements in accordance with clause 56;
(b) where the pregnancy terminates after the completion of 12 weeks but before the
completion of 20 weeks, during the certified period/s the Employee is entitled
access any paid and/or unpaid personal/carer’s leave entitlements in accordance
with clause 51 and/or to unpaid special maternity leave not exceeding the total
amount of parental leave available under clause 62.3.
(c) where the pregnancy terminates after the completion of 20 weeks, during the
certified period/s the Employee is entitled to paid special maternity leave not
exceeding the amount of paid parental leave available under clause 62.3 and
thereafter, to unpaid special maternity leave.
Notice and evidence requirements
(a) An Employee must give at least 10 weeks written notice of the intention to take
parental leave, including the proposed start and end dates and how they propose
to arrange their parental leave (for example, if they propose to use the leave
flexibly in blocks or in a single continuous period). At this time, the Employee must
also provide a statutory declaration stating:
(i) that the Employee will become either the Primary Caregiver or Secondary
Caregiver of the Child, as appropriate; and
(ii) the particulars of any parental leave taken or proposed to be taken or
applied for by the Employee’s Spouse; and
(iii) that for the period of parental leave the Employee will not engage in any
conduct inconsistent with their contract of employment.
(b) At least four weeks before the intended commencement of parental leave, the
Employee must confirm in writing the intended start and end dates of the parental
leave, or advise the Employer of any changes to the notice provided in clause
62.16(a), unless it is not practicable to do so.
(c) The Employer may require the Employee to provide evidence which would satisfy
a reasonable person of:
(i) for birth-related leave, the date of birth of the Child (including without
limitation, a medical certificate stating the date of birth or expected date of
birth); or
(ii) for adoption-related leave, the commencement of the placement (or
expected day of placement) of the Child and that the Child will be under 16
years of age as at the day of placement or expected day of placement.
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(d) An Employee will not be in breach of this clause if failure to give the stipulated
notice is occasioned by confinement or the placement occurring earlier than the
expected date or in other compelling circumstances. In these circumstances the
notice and evidence requirements of this clause should be provided as soon as
reasonably practicable.
Commencement of parental leave
(a) An Employee who is pregnant may commence Primary Caregiver parental leave at
any time within 16 weeks prior to the expected date of birth of the Child. In all
other cases, Primary Caregiver parental leave commences on the day of birth or
placement of the Child.
(b) Secondary Caregiver parental leave may commence up to one week prior to the
expected birth or placement of the Child. Where a Secondary Caregiver takes
additional paid leave in accordance with clause 62.6, the additional leave will
commence on the date the Employee takes on primary responsibility for the care
of a Child.
(c) Hospitalised children
Where an Employee’s 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:
(i) was born prematurely, or
(ii) developed a complication or contracted an illness during its period of
gestation or at birth, or
(iii) developed a complication or contracted an illness following the Child’s birth,
and the Employee would otherwise take parental leave during this period, the
Employer and Employee may agree that the Employee will not take parental leave
while the Child remains in hospital, and may work during that period. Any
agreement in this regard will be made and have effect in accordance with section
78A of the FW Act. During this time the Employee may access other forms of leave
available to them under the Agreement.
Should an Employee access other forms of leave or work during this agreed period
then their parental leave period will be extended by a period equal to the period
they accessed other leave or worked.
(d) The Employer and Employee may agree to alternative arrangements regarding the
commencement of parental leave.
(e) The period of parental leave for the purpose of calculating an Employee’s
maximum entitlement to paid and unpaid parental leave will commence from the
date parental leave commences or otherwise no later than the date of birth of the
Child, irrespective of when the Employee elects to use any paid entitlements they
may have under this clause, not including a situation that arises under clause
62.17(c).
Rules for taking parental leave entitlements
(a) While an Employee’s eligibility for parental leave is determined at the time of birth
or adoption of the Child, the Employee and Employer may agree to permit the
Employee to use the paid leave entitlements outlined in this clause at any time
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within the first 52 weeks of parental leave, or where an extension is granted under
clause 62.23(b), within the first 78 weeks where clause 62.6 is invoked or
otherwise the first 104 weeks.
(b) Parental leave does not need to be taken in a single continuous period. The
Employer and Employee will agree on the duration of each block of parental leave.
The Employer will consider their operational requirements and the Employee’s
personal and family circumstances in considering requests for parental leave in
more than one continuous period. Approval of such requests will not be
unreasonably refused.
Using other accrued leave in conjunction with Parental Leave
(a) An Employee may in lieu of parental leave, access any annual leave or long service
leave or other accrued entitlements (except Personal / Carer’s Leave or
Compassionate Leave) which they have accrued subject to the total amount of
leave not exceeding 52 weeks or a longer period as agreed under clause 62.23(b).
(b) Any other leave taken during a period of parental leave does not have the effect of
extending or breaking the period of parental leave, not including a situation that
arises under clause 62.17(c).
Public holidays during a period of paid parental leave
Where a Public Holiday occurs during a period of paid parental leave, the Public
Holiday is not to be regarded as part of the paid parental leave and the Employer
will grant the Employee a day off in lieu, to be taken by the Employee immediately
following the period of paid parental leave.
Effect of unpaid parental leave on an Employee’s continuity of employment
Other than provided for in clause 69 (Long Service Leave), unpaid parental leave
under clauses 62.4, 62.5, 62.23 and 62.29 shall not break an Employee’s
continuity of employment but it will not count as service for leave accrual or other
purposes.
Keeping in touch days
(a) During a period of parental leave, the Employer and Employee may agree to
perform work for the purpose of keeping in touch in order to facilitate a return to
employment at the end of the period of leave.
(b) Keeping in touch days must be agreed and be in accordance with section 79A of
the FW Act.
Extending parental leave
(a) Extending the period of parental leave where the initial period of parental
leave is less than 52 weeks
(i) An Employee, who is on an initial period of parental leave of less than 52
weeks under clause 62.4 or 62.5, is entitled to extend the period of their
parental leave on one occasion up to the full 52 week entitlement. An
Employer may agree to extend the period of parental leave on more than one
occasion up to the full 52 week entitlement, upon request by the Employee.
62.19
62.20
62.21
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(ii) The Employee must notify the Employer in writing at least four weeks prior
to the end date of their initial parental leave period. The notice must specify
the new end date of the parental leave.
(b) Right to request an extension to parental leave beyond the initial 52-week
period to a maximum of 104 weeks
(i) An Employee who is on parental leave under clause 62.4 or 62.5 may
request an extension of unpaid parental leave for a further period of up to
52 weeks immediately following the end of the current parental leave
period.
(ii) The Employee’s request must be in writing and given to the Employer at
least 4 weeks before the end of the current parental leave period.
(iii) The Employer shall consider the request having regard to the Employee’s
circumstances, the consequences of any refusal for the Employee and,
provided the request is based on the Employee’s parental responsibilities,
may only refuse the request on reasonable business grounds.
(iv) The Employer must not refuse the request unless the Employer has given
the Employee a reasonable opportunity to discuss the request and genuinely
tried to reach an agreement with the Employee about an extension of the
period of unpaid parental leave for the Employee.
(v) The Employer must give a written response to the request as soon as
practicable, and no later than 21 days after the request is made. The
response must state whether the Employer accepts or refuses the request. If
the Employer refuses the request, the response must also include the details
of the reasons for any refusal, set out the Employer's particular business
grounds for refusing the request, explain how those grounds apply to the
request and either:
• set out the extension of the period of unpaid parental leave for
the Employee (other than the period requested by the
Employee) that the Employer would be willing to agree to; or
• state that there is no extension of the period that the Employer
would be willing to agree to
(vi) Disputes about an Employer’s refusal under this provision can be referred
to the dispute resolution procedure outlined in clause13 of the Agreement.
Total period of parental leave
(i) The total period of parental leave, including any extensions, must not extend
beyond 104 weeks.
Calculation of pay for the purposes of parental leave
(a) The calculation of weekly pay for paid parental leave purposes will be based on the
Employee’s average number of ordinary hours over the past three years from the
proposed commencement date of parental leave (Averaging Period). For the
avoidance of doubt, the averaging arrangements in this sub-clause do not apply to
Pre-Natal Leave taken in accordance with clause 62.7 of this Agreement.
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(b) Where an Employee has less than three years of service the Averaging Period will
be their total period of service in the VPS.
(c) The calculation will exclude any of the following periods which fall during the
Averaging Period:
(i) periods of unpaid parental leave, and
(ii) any time worked at a reduced time fraction in order to better cope during
pregnancy, and
(iii) authorised unpaid leave for an unforeseen reason beyond the Employee’s
control, and
(iv) time worked at a reduced time fraction on returning to work after a period
of parental leave under clause 62.30(c).
(d) For the purposes of clause 62.25(c)(iii), an ‘unforeseen reason beyond the
Employee’s control’ may include, for example, a personal illness or injury suffered
by the Employee, or the care or support of an ill or injured Immediate Family or
household member by the Employee. But would not include leave taken for
lifestyle or personal reasons, career breaks or leave to undertake other
employment.
(e) The average number of weekly hours, determined in accordance with clause
62.25(a) above, will be then applied to the annual Salary applicable to the
Employee’s classification and salary point at the time of taking parental leave to
determine the actual rate of pay whilst on parental leave.
(f) An Employee who is a Shift Worker is also entitled to be paid Shift Allowances
during a period of paid Primary Caregiver Parental Leave or Additional Paid
Secondary Caregiver Parental Leave in accordance with clause 43.5.
Half Pay
The Employee may elect to take any paid parental leave entitlement at half pay for a
period equal to twice the period to which the Employee would otherwise be entitled.
Employer Superannuation contributions in respect of Primary Caregiver
Parental Leave
An Employee who returns to work at the conclusion of a period of Primary Caregiver
Parental Leave will be entitled to have superannuation contributions made in respect
of the period of the Employee’s Primary Caregiver Parental Leave, subject to
requirements in clause 41.5 (Superannuation).
Effect of parental leave on progression for Primary Caregivers
An Employee who returns to work at the conclusion of a period of Primary Caregiver
Parental Leave may be entitled to Progression Steps or Amounts forgone as a result
of being on parental leave in accordance with clause 31 (Performance Development
Progression).
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Commonwealth Paid Parental Leave
Paid parental leave entitlements outlined in this clause are in addition to any
payments which may be available under the Commonwealth Paid Parental Leave
Scheme.
Returning to Work
(a) Returning to work early
(i) During the period of parental leave an Employee may return to work at any
time as agreed between the Employer and the Employee, provided that time
does not exceed four weeks from the recommencement date desired by the
Employee.
(ii) In the case of adoption, where the placement of an eligible Child with an
Employee does not proceed or continue, the Employee will notify the
Employer immediately and the Employer will nominate a time not exceeding
four weeks from receipt of notification for the Employee’s return to work.
(b) Returning to work at conclusion of leave
(i) At least four weeks prior to the expiration of parental leave, the Employee
will notify the Employer of their return to work after a period of parental
leave.
(ii) Subject to clause 62.30(b)(iii), an Employee will be entitled to the position
which they held immediately before proceeding on parental leave. In the
case of an Employee transferred to a safe job pursuant to clause 62.14
above, the Employee will be entitled to return to the position they held
immediately before such transfer.
(iii) Where such position no longer exists but there are other positions available
which the Employee is qualified for and is capable of performing, the
Employee will be entitled to a position as nearly comparable in status and
pay to that of their former position.
(c) Returning to work at a reduced time fraction
(i) To assist an Employee in reconciling work and parental responsibilities, an
Employee may request to return to work at a reduced time-fraction until
their Child reaches school age, after which the Employee will resume their
substantive time-fraction. Consistent with clause 10.2 of the Agreement, a
request under this clause must be treated and responded to in the same
manner as a request under clause 10 of this Agreement.
(ii) Where an Employee wishes to make a request under clause 62.30(c)(i)
such a request must be made as soon as possible but no less than seven
weeks prior to the date upon which the Employee is due to return to work
from parental leave.
Lactation breaks
(a) Employees cannot be discriminated against for breastfeeding or chestfeeding or
expressing milk in the workplace.
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(b) An Employee who wishes to continue breastfeeding or chestfeeding after
returning to work from a period of parental leave or keeping in touch days, may
take reasonable time during working hours without loss of pay to do so.
(c) Paid lactation breaks are in addition to normal meal and rest breaks provided for
in this Agreement.
Consultation and Communication during Parental Leave
(a) Where an Employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the Employer shall take reasonable
steps to:
(i) make information available in relation to any significant effect the change
will have on the status or responsibility level of the position the Employee
held before commencing parental leave; and
(ii) provide an opportunity for the Employee to discuss any significant effect the
change will have on the status or responsibility level of the position the
Employee held before commencing parental leave.
(b) The Employee shall take reasonable steps to inform the Employer about any
significant matter that will affect the Employee’s decision regarding the duration
of parental leave to be taken, whether the Employee intends to return to work and
whether the Employee intends to request to return to work on a part-time basis.
(c) The Employee shall also notify the Employer of changes of address or other contact
details which might affect the Employer’s capacity to comply with clause
62.32(a).
Extended Family Leave
(a) An Employee who is the Primary Caregiver and has exhausted all parental leave
entitlements may apply for unpaid Extended Family Leave as a continuous
extension to their parental leave taken in accordance with this clause. The total
amount of leave, inclusive of parental leave taken in accordance with this clause
cannot exceed seven years from the commencement date of parental leave.
(b) The Employee must make an application for Extended Family Leave each year.
(c) An Employee will not be entitled to paid parental leave whilst on Extended Family
leave.
(d) Upon return to work the Employer may reallocate the Employee to other duties.
Replacement Employees
(a) A replacement Employee is an Employee specifically engaged or temporarily
acting on higher duties or transferred, as a result of an Employee proceeding on
parental leave.
(b) Before the Employer engages a replacement Employee the Employer must inform
that person of the temporary nature of the employment and of the rights of the
Employee who is being replaced.
(c) The limitation in clause 18 on the use of fixed term employment to replace the
Employee does not apply in this case.
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Casual Employees
The Employer must not fail to re-engage a casual Employee because the Employee has
accessed parental leave in accordance with this clause. The rights of the Employer in
relation to engagement and re-engagement of casual Employees are not affected,
other than in accordance with this clause.
Surrogacy Leave
Entitlement to Leave
An Employee (excluding a Casual Employee) who has completed at least three months
paid Continuous Service, who enters into a formal surrogacy arrangement on or after
1 July 2020, which complies with Part 4 of the Assisted Reproductive Treatment Act
2008 (Vic), as the surrogate, is entitled to access the following leave entitlements:
(a) Pre-Natal leave in accordance with clause 62.7 of the Agreement, and
(b) Six weeks of paid leave.
Continuing to work while pregnant
(a) A pregnant employee acting as the surrogate as part of a formal surrogacy
arrangement wanting to work during the six weeks before the birth may be asked
to provide a medical certificate stating they are fit for work and whether there are
any risks in connection to their duties.
(b) An Employee who fails to provide a requested medical certificate within seven
days or provides one which states they are unfit for work may be required to
commence surrogacy leave.
Transfer to safe job
(a) If an Employee provides a medical certificate stating they are fit for work but it is
inadvisable for the Employee to continue in their present duties because of risks
or illness, the Employee is entitled to be transferred to an appropriate safe job that
has the same, or other agreed ordinary hours of work with no other changes to the
Employee’s terms and conditions.
(b) If no appropriate safe job is available the Employee is entitled to take paid or
unpaid (if not eligible for parental leave) ‘No Safe Job Leave’.
Commencement of Surrogacy Leave
(a) An Employee who is pregnant as a result of acting as a surrogate may commence
paid Surrogacy Leave at any time within 6 weeks prior to the expected date of birth
of the Child. Otherwise the period of parental leave must commence no later than
the date of birth of the Child, unless agreed with the Employer.
(b) Unless otherwise agreed, any entitlement to paid surrogacy leave will be paid from
the date of commencement of Surrogacy Leave.
62.35
63.
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63.2
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Surrogacy Leave and other entitlements
An Employee may access, in conjunction with Surrogacy Leave, any other paid or
unpaid entitlements available under this Agreement with the approval of the
Employer.
Half pay
The Employee may elect to take any paid Surrogacy Leave entitlement at half pay for
a period equal to twice the period to which the Employee would otherwise be entitled.
Personal/Carer’s Leave
A pregnant Employee, not then on Surrogacy Leave, who is suffering from an illness
whether related or not to the pregnancy, may take any paid and/or unpaid
personal/carer’s leave in accordance with clause 56.
Special Surrogacy Leave
(a) Where the pregnancy of an Employee not then on Surrogacy Leave terminates
other than by the birth of a living child, the Employee may take leave for such
periods as a registered medical practitioner certifies as necessary, as follows:
(i) where the pregnancy terminates during the first 20 weeks, during the
certified period/s the Employee is entitled to access any paid and/or unpaid
personal/carer’s leave entitlements in accordance with clause 56;
(ii) where the pregnancy terminates after the completion of 20 weeks, during
the certified period/s the Employee is entitled to paid special surrogacy
leave not exceeding the amount of paid surrogacy leave available under this
clause 63.1.
Public holidays during a period of paid surrogacy leave
Where a Public Holiday occurs during a period of paid surrogacy leave, the Public
Holiday is not to be regarded as part of the paid surrogacy leave and the Employer
will grant the Employee a day off in lieu, to be taken by the Employee immediately
following the period of paid surrogacy leave.
Notice and Evidentiary Requirements
(a) An Employee must provide 10 weeks’ written notice to the Employer of their
intention to take Surrogacy Leave. The notification should include a Statutory
Declaration which specifies:
(i) the intended start and end dates of the leave, and
(ii) if known, any other leave the Employee seeks approval to take in
conjunction with their Surrogacy Leave, and
(iii) for the period of surrogacy leave the Employee will not engage in any
conduct inconsistent with their contract of employment.
(b) The Employer may also require the Employee to provide documentary evidence
confirming:
(i) the expected date of birth of the Child, and
63.5
63.6
63.7
63.8
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(ii) the formal surrogacy arrangement, which complies with Part 4 of the
Assisted Reproductive Treatment Act 2008 (Vic).
(c) The Employee must confirm these details at least 4 weeks prior to the
commencement of the proposed period of Surrogacy leave.
Foster and Kinship Care Leave
An Employee who provides short-term foster or kinship care as the primary caregiver
to a Child who cannot live with their parents as a result of an eligible child protection
intervention, or voluntary placement under a Child Care Agreement (in accordance
with the Children Youth and Families Act 2005 (Vic) or any successor to this
legislation) is entitled to up to ten days paid leave per calendar year to support the
placement of a child with the Employee.
For the purposes of this clause Foster and Kinship Care includes:
(a) Foster Caring, which is the temporary care of a child of up to 18 years of age on a
short-term basis by an Employee who is an accredited foster carer.
(b) Kinship Care, which is temporary care provided by an Employee who is a relative
or a member of the child's social network when the child cannot live with their
parents.
(c) Aboriginal Kinship Care, which is temporary care provided by an Employee who is
a relative or friend of an Aboriginal child who cannot live with their parents, where
Aboriginal family and community, and Aboriginal culture are valued as central to
the child’s safety, stability and development.
Eligible child protection interventions include emergency respite and short-term or
long-term placements on a non-permanent basis, as issued by the Victorian
Department of Families, Fairness and Housing, the Children’s Court or other similar
federal, state or judicial authority.
Subject to the approval of the Employer, the paid leave provided in this clause may be
used in conjunction with any other paid or unpaid leave entitlements the Employee
may be eligible for under this Agreement.
In the case of foster carers, an absence of up to two days duration may be used for
accreditation purposes, including attending compulsory interviews or training.
The Employer may require the Employee to provide reasonable evidence to satisfy
themselves of the Employee’s entitlement to leave under this provision.
Gender Affirmation Leave
The Employer encourages a culture that is supportive of transgender and gender
diverse Employees and recognises the importance of providing a safe environment
for Employees undertaking gender affirmation.
Gender Affirmation Leave is available to transgender Employees who are undergoing
a process to affirm their gender. ‘Transgender’ is a broad term used for people whose
gender differs from what they were assigned at birth. Transgender Employees may
affirm their gender through medical, social or legal changes.
64.
64.1
64.2
64.3
64.4
64.5
64.6
65.
65.1
65.2
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Employees may give effect to their affirmation in a number of ways and are not
required to be undergoing specific types of changes, such as surgery, to access leave
under this clause.
Amount of Gender Affirmation Leave
(a) An Employee (other than a Casual Employee) who is undergoing a process of
affirming their gender is entitled to Gender Affirmation Leave for the purpose of
supporting the Employee’s affirmation. Gender Affirmation Leave will comprise a
maximum of:
(i) up to 4 weeks (20 days) paid leave for essential and necessary gender
affirmation procedures, and
(ii) up to 48 weeks of unpaid leave.
(b) The leave under this clause may be used flexibly over an Employee’s employment
in the VPS.
(c) Essential gender affirmation procedures may include:
(i) medical or psychological appointments, or
(ii) hormonal appointments, or
(iii) surgery and associated appointments, or
(iv) appointments to alter the Employee’s legal status or amend the Employee’s
gender on legal documentation, or
(v) any other similar necessary appointment or procedure to give effect to the
Employee’s affirmation as agreed with the Employer.
(d) An Employee may utilise accrued Annual or Long Service Leave, or where
appropriate, Personal Leave, to complement leave taken under this clause.
(e) Gender Affirmation Leave may be taken flexibly as consecutive, single or part days
as agreed with the Employer.
(f) Leave under this clause will not accrue from year to year and cannot be cashed out
on termination of employment.
Gender Affirmation Leave – Casual employees
(a) Casual Employees are entitled to access unpaid leave of up to 52 weeks duration
for gender affirmation purposes.
(b) The Employer may use their discretion to grant paid leave to a Casual Employee
undergoing a process of gender affirmation under clause 77 (Other Leave) of the
Agreement on a case by case basis.
Notice and evidence requirements
(a) An Employee seeking to access Gender Affirmation Leave must provide the
Employer with reasonable written notice of the expected period of leave, unless
otherwise agreed by the Employer. Approval of a request to access leave with
insufficient notice will not be unreasonably withheld, having regard to the length
of absence and the operational requirements of the Employer.
65.3
65.4
65.5
65.6
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(b) An Employee seeking to access Gender Affirmation Leave may be required to
provide suitable supporting documentation or evidence of their attendance at
essential gender affirmation procedures. This may be in the form of a document
issued by a registered practitioner, a lawyer, or a State, Territory or Federal
government organisation, statutory declaration or other suitable supporting
documentation.
(c) For the purpose of this clause, Registered Practitioner has the same meaning as set
out in clause 56.1.
Leave to Attend Rehabilitation Program
An Employee, other than a casual Employee, may be granted leave with or without
pay to undertake an approved rehabilitation program where the Employer is satisfied
that:
(a) the Employee’s work performance is adversely affected by the misuse of drugs or
alcohol or problem gambling;
(b) the Employee is prepared to undertake a course of treatment designed for the
rehabilitation of persons with alcohol, drug or gambling related problems; and
(c) in the case of an alcohol or drug addiction, a Registered Practitioner has certified
that in their opinion the Employee is in need of assistance because of their misuse
of alcohol or drugs and that the Employee is suitable for an approved rehabilitation
program; or
(d) in the case of problem gambling the Employee satisfies the eligibility criteria for
entry into an approved problem gambling rehabilitation program.
On production of proof of attendance at an approved rehabilitation program in
accordance with clause 66.1, an Employee may be granted leave as follows:
(a) An Employee who has completed two years’ continuous or aggregate service and
who has exhausted all other accrued leave entitlements may be granted leave with
pay up to the maximum number of days specified below:
Table 26: Leave to attend rehabilitation programs
Years of Service First Year of Program Subsequent Years of
Program
2 years 20 days 15 days
3 years 27 days 20 days
4 years 33 days 25 days
5 or more years 40 days 30 days
(b) An Employee who has completed less than two years continuous or aggregate
service may be granted leave without pay for the purposes of attending an
approved rehabilitation program.
66.
66.1
66.2
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For the purpose of this clause, Registered Practitioner has the same meaning as set
out in clause 56.1.
Cultural and Ceremonial Leave
NAIDOC Week Leave
(a) An Employee of Aboriginal or Torres Strait Islander descent is entitled to one day
of paid leave per calendar year to participate in National Aboriginal and Islander
Day Observance Committee (NAIDOC) week activities and events.
(b) NAIDOC week leave will not accrue from year to year and will not be paid out on
termination of the employment of the Employee.
Leave to attend Aboriginal community meetings
The Employer may approve attendance during working hours by an Employee of
Aboriginal or Torres Strait Islander descent at any Aboriginal community meetings,
except the Annual General Meetings of Aboriginal community organisations at which the
election of office bearers will occur.
Leave to attend Annual General Meetings of Aboriginal community
organisations
The Employer may grant an Employee of Aboriginal or Torres Strait Islander descent
accrued annual or other leave to attend Annual General Meetings of Aboriginal
community organisations at which the election of office bearers will occur.
Ceremonial leave
(a) Ceremonial leave will be granted to an Employee of Aboriginal or Torres Strait
Islander descent for ceremonial purposes:
(i) connected with the death of a member of the Immediate Family or extended
family (provided that no Employee shall have an existing entitlement
reduced as a result of this clause); or
(ii) for other ceremonial obligations under Aboriginal and Torres Strait Islander
lore.
(b) Where ceremonial leave is taken for the purposes outlined in clause 67.4(a), up
to three days in each year of employment will be with pay. Paid ceremonial leave
will not accrue from year to year and will not be paid out on termination of the
employment of the Employee.
(c) Ceremonial leave granted under this clause 67.4 is in addition to compassionate
leave granted under clause 61.
Leave to participate in the First Peoples’ Assembly of Victoria
An Employee who is a member of the First Peoples’ Assembly of Victoria is entitled to
up to 10 days unpaid leave per calendar year to fulfil their official functions during
their term of office.
66.3
67.
67.1
67.2
67.3
67.4
68.
68.1
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Leave will be available to attend sessions of the First Peoples’ Assembly of Victoria,
participate in constituent consultation relevant to their role or for any other ancillary
purpose as agreed with the Employer.
Where in any calendar year an Employee exhausts their entitlement under this clause
the Employer may grant further paid or unpaid leave, under clause 77 (Other Leave),
to support the Employee’s representative functions.
The Employee may also utilise flexible working arrangements, in addition to leave
provided in this clause, to help support their representative functions, with the
agreement of the Employer.
Where the Employee takes unpaid leave under clause 68.1, and where any payment
received by the Employee from the First People’s Assembly of Victoria for the
Employee’s fulfilment of their official functions is below the Employee’s VPS Salary
for that period of unpaid leave, the Employer will pay to the Employee make-up pay
for the period of leave.
Where an Employee takes unpaid leave under this clause, the absence does not break
continuity and counts as service for the purposes of accruing paid entitlements.
Long Service Leave
Basic Entitlement and accrual
(a) Long service leave is paid leave accrued during Continuous Employment in the
VPS.
(b) Employees accrue long service leave based on the number of ordinary hours
worked. Part-time Employees accrue long service leave on a pro rata basis. Casual
Employees are entitled to accrue long service leave as provided for in this clause.
(c) The basic entitlement for each 10 years’ full-time Continuous Employment is set
out in the table below.
Table 27: Long Service Leave Entitlements
Entitlement after 10 years
full-time continuous
employment
Approximate leave
accrual per hour
Employee whose ordinary hours
of work average 76 hours per
fortnight
495.6967 hours (3 months) 0.0250 hours per hour
Employee whose ordinary hours
of work average 80 hours per
fortnight
521.786 hours (3 months) 0.0263 hours per hour
When can Long Service Leave be accessed?
(a) An Employee is entitled to take long service leave on a pro-rata basis after seven
years of Continuous Employment, and at any time after that in accordance with
clause 69.3.
68.2
68.3
68.4
68.5
68.6
69.
69.1
69.2
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(b) An Employee with seven or more years of Continuous Employment is entitled to
be paid out any unused long service leave accrual on the date their employment
ends.
(c) Despite clause 69.2(b) an Employee with 4 or more years of Continuous
Employment is entitled to be paid out any unused long service leave accrual if:
(i) on account of age or ill health the Employee retires or is retired; or
(ii) the employment of the Employee is terminated for any reason except for
serious misconduct or resignation; or
(iii) the Employee dies.
Taking long service leave
(a) Long service leave will be taken at a time convenient to the needs of the Employer
and Employee.
(b) An Employee and Employer may agree that the whole or any part of their
entitlement is paid
(i) at the current time fraction they work, or
(ii) at a different time fraction to that currently worked.
(c) Long service leave may be taken for any period of not less than 1 day.
(d) A Public Holiday falling within a period of approved long service leave is not
regarded as part of the long service leave. An Employee is entitled to take and be
paid for a public holiday falling within a period of approved long service leave.
(e) On return from leave, the Employee will revert to the time fraction they worked
immediately prior to going on leave, unless otherwise agreed by the Employer and
the Employee.
Payment while on long service leave
(a) While on long service leave the Employer will continue to pay the Employee using
the same method and frequency as if the Employee was not on long service leave.
(b) Payment to an Employee for or in lieu of long service leave includes:
(i) Salary, and
(ii) salary maintenance if the Employee is receiving salary maintenance; and
(iii) any additional payment payable for a temporary assignment where the
assignment has continued for a period of at least twelve months before the
commencement of the leave; and
(iv) any annual allowance payable to the Employee which the Employer
determines should be included, except excluding (if relevant):
• any payment of overtime, commuted overtime or Shift Work
allowances; and
• any travelling or transport allowance; and
69.3
69.4
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• any allowance which is a reimbursement of an expenditure.
Periods of Continuous Employment in which long service leave accrues
Long service leave continues to accrue during the following absences from work:
(a) an absence on paid leave;
(b) from 1 January 2019, an absence after birth or adoption of a child on unpaid
parental leave which, in combination with any period of paid parental leave, totals
52 weeks or less;
(c) an absence of 52 weeks or less when the employee is in receipt of weekly payments
of compensation under the Workplace Injury Rehabilitation and Compensation Act
2013 (Vic) or any predecessor;
(d) an absence of 52 weeks or less during which a pension under section 83A(1) of
State Superannuation Act 1988 (VIC) (or similar provision applying to Employees
of a declared authority) was paid; or
(e) an absence on unpaid leave for which the Employer expressly authorises long
service leave to accrue.
Periods of Continuous Employment in which long service leave does not
accrue
(a) Long service leave does not accrue for the following periods:
(i) a gap between engagements of a Casual Employee of less than 3 months; or
(ii) an absence on unpaid leave, other than as provided for in clause 69.5; or
(iii) an absence from duty in excess of 12 months when the Employee was in
receipt of weekly payments of compensation under the Workplace Injury
Rehabilitation and Compensation Act 2013 (Vic) or any corresponding
previous enactment; or
(iv) a period of service which followed the date on which a pension under the
State Superannuation Act 1988 (Vic) (or similar provision applying to
Employees on the staff of a declared authority) became payable by reason of
retirement on the ground of disability.
(b) The periods at clause 69.6(a) do not break Continuous Employment, and may be
periods of recognised service for the purposes of long service leave.
Absences which break Continuous Employment
Continuous Employment will be broken by the following:
(a) Subject to clause 69.5(b) any gap between engagements in Continuous
Employment by a Casual Employee of more than 3 months; or
(b) any absence from employment due to the dismissal of the Employee for
disciplinary reasons; or
(c) receipt of a Voluntary Departure Package from any Victorian Public Sector
employer; or
69.5
69.6
69.7
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(d) any gap or break in service or absence not provided for in clause 69.5 or clause
69.6 or clause 69.8.
Previous employment which counts towards Continuous Employment
(a) Service in previous employment in the VPS or any employer referred to in clause
69.9 counts towards Continuous Employment where the service concluded within
12 months of the commencement or re-commencement of employment in the VPS.
(b) Despite clause 69.8(a), service in previous employment in the VPS or with any
employer referred to in clause 69.9 counts towards Continuous Employment
where:
(i) the service concluded within three years of retirement occasioned by
disability, or
(ii) the service concluded within two years of the commencement of
employment in the VPS and the Employer considers special circumstances
exist.
(c) An Employee is not entitled to long service leave (or payment for long service
leave):
(i) for a period of service for which the Employee was entitled to receive long
service leave (or payment for long service leave) from a different employer
or for previous employment; or
(ii) where the Employee has received long service leave (or a payment in respect
of long service leave) from a different employer or for previous employment.
(d) Clause 69.8(c) does not apply if funds have been transferred to the Employer to
cover long service leave.
(e) Clauses 69.6 and 69.7 apply to service in previous employment.
Service with other employers that counts towards Continuous Employment
(a) The following service will be recognised as Continuous Employment in the VPS for
the purposes of long service leave:
(i) any service with a State, Commonwealth or Territory of Australia
Government Department or Public Service authority; or
(ii) any service with a public entity under the PAA; or
(iii) any service with a local government authority that is established by or under
a law of Victoria.
(b) In addition, the Employer may recognise service with
(i) a public sector authority; or
(ii) a local governing authority of the Commonwealth, a State other than Victoria
or a Territory of Australia
(c) For the purposes of clause 69.9(a) and 69.9(b) authority means an authority,
whether incorporated or not, that is constituted:
69.8
69.9
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(i) by or under a law of a State, the Commonwealth or a Territory of Australia;
and
(ii) for a public purpose.
(d) Where an Employee believes they have service with other employers which should
be counted towards Continuous Employment, the Employee should make
application to the Employer seeking this service be counted towards the
Employee’s period of Continuous Employment within six months of an Employee’s
starting date in the VPS. The Employer will take reasonable steps within this
period to ascertain from the Employee whether the Employee has prior service.
(e) Clauses 69.6, 69.7and 69.8 apply to service in previous employment.
Defence Reserve Leave
An Employee required to complete Defence Reserve service may be granted leave up
to a maximum period of 78 weeks’ continuous service.
The Employee will consult with the Employer regarding the proposed timing of the
service. Applications for leave under this clause must be made with as much notice as
is possible and be accompanied by evidence supporting the call to duty or reason for
the service.
Where the base salary excluding allowances received by the Employee from the
Australian Defence Force or Defence Reserve service during their ordinary hours of
work is below the Employee’s VPS Salary, the Employer will, unless exceptional
circumstances arise, pay to the Employee make-up pay for the period of Defence
Reserve service.
Preservation of prior entitlement
For Employees in employment prior to 9 May 2002, any more favourable provision
relating to their previous entitlement to Defence Force leave is maintained.
Jury Service
An Employee required to attend for jury service under the Juries Act 2000 (Vic) is
entitled to leave with pay for the period during which their attendance is required.
The Employee must provide a certificate of attendance issued by the Juries
Commissioner as evidence of attendance.
Any payment made to the Employee in accordance with the Juries Act 2000 (Vic) for
serving as a juror during their ordinary hours of work must be repaid to the Employer,
less an amount for reasonable expenses actually incurred.
Leave for Blood Product Donations
Leave may be granted to an Employee without loss of pay to visit the Lifeblood Centre
as a donor once every twelve weeks. Where an Employee wishes to donate blood
products more frequently, the Employee may be released from their duties subject to
the operational requirements of the Employer.
70.
70.1
70.2
70.3
70.4
71.
71.1
71.2
72.
72.1
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Leave to Engage in Voluntary Emergency Management Activities
An Employee who engages in a voluntary emergency management activity with a
recognised emergency management body that requires the attendance of the
Employee at a time when the Employee would otherwise be required to be at work is
entitled to leave with pay for:
(a) time when the Employee engages in the activity; and
(b) reasonable travelling time associated with the activity; and
(c) reasonable rest time immediately following the activity.
The Employee must advise the Employer as soon as reasonably practicable if the
Employee is required 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.
Recognised emergency management bodies include but are not limited to, the
Country Fire Authority, Red Cross, State Emergency Service and St John Ambulance.
An Employee who is required to attain qualifications or to requalify to perform
activities in an emergency management body must be granted leave with pay for the
period of time required to fulfil the requirements of the training course pertaining to
those qualifications, provided that such training can be undertaken without unduly
affecting the operations of the Employer.
Voluntary Community Activities Leave
An Employee is entitled to leave with pay of up to 10 days, per calendar year, to fulfil
official functions during their term of office as an elected member of
(a) a Local Government Council or
(b) a committee of management of a not-for-profit community organisation which
operates under a formal legal structure subject to applicable State or Federal
legislation.
Leave will be subject to Employer’s operational needs.
Leave will be available for any of the following purposes:
(a) To enable the Employee to attend any training program required to meet grant,
funding or governance obligations, or
(b) Participate in a community event as part of their role with the organisation, or
(c) Participate in consultation relevant to their role in the organisation, or
(d) Any other purpose agreed with the Employer.
Leave will not accrue from year to year and cannot be cashed out on termination of
employment.
73.
73.1
73.2
73.3
73.4
74.
74.1
74.2
74.3
74.4
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Participation in Sporting Events
Leave with pay up to a maximum of two weeks in any two-calendar year period may
be granted to an Employee to participate either as a competitor or an official in any
non-professional state, national or international sporting event.
The length of absence from work and travel arrangements for participation in
sporting events must be agreed with the Employer in advance before leave may be
granted.
Study Leave
The Employer acknowledges that learning and development benefits both the
Employee and Employer. The provision of learning and development contributes to a
career public service.
The Employer may grant to any Employee paid leave to undertake an accredited
course of study provided by an educational institution or registered training
organisation. Approval of study leave is at the discretion of the Employer; however,
study leave will not be unreasonably withheld.
The Employer may grant any Employee time off without loss of pay under this clause
for professional development including Continuing Professional Development (CPD),
short courses, micro-credentialing or other training.
In determining whether to grant study leave, the Employer will consider matters such
as the relevance of the proposed study to the Employee’s employment, the
development of the Employee’s capability and skills, alignment to organisational
goals and the reasonable operational requirements of the Employer.
The Employer may grant an Employee, the following leave entitlements:
(a) paid leave to enable travel and online/in-person attendance of up to seven hours
and 36 minutes of classroom activity or related project work per week, and
(b) up to five days paid leave per annum to:
(i) prepare for and attend examinations associated with the course of study, or
(ii) finish and present major project work required to complete an accredited
course of study, professional development, short course, micro-
credentialing or other training.
The Employer may grant additional leave with or without pay as considered
necessary.
Part-time Employees may be granted Study Leave on a pro-rata basis calculated on
the number of ordinary hours worked.
In determining the amount of any leave to be granted under clause 76.2, the
Employer will have regard to the course requirements, the Employer’s operational
requirements and the development of the Employee.
Where an Employee undertakes an accredited course of study professional
development, short course, micro-credentialing or other training, the Employee may
be expected to complete some of the course requirements in their own time.
75.
75.1
75.2
76.
76.1
76.2
76.3
76.4
76.5
76.6
76.7
76.8
76.9
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The paid leave provided for in clause 76.5(a) may be used weekly or, with the
approval of the Employer, banked to support attendance at intensive courses. Study
leave will not accrue from year to year and will not be paid out on termination.
Other Leave
An Employee may be granted leave with or without pay by the Employer for any
purpose.
Leave under this clause may be granted for purposes including:
(a) cultural and religious purposes; or
(b) activities inherently associated with an Employee’s disability not already provided
for by specific leave entitlements under this Agreement or otherwise agreed with
the Employer; or
(c) paid family violence leave for casual employees.
Unless otherwise provided for in this Agreement, leave without pay shall not break
the Employee’s continuity of employment but leave without pay will not count as
service for leave accrual or other purposes.
76.10
77.
77.1
77.2
77.3
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Review of Emergency Management Provisions
The parties agree to establish a VPS Emergency Management Working Group to
undertake a review of emergency management provisions.
The working group will comprise representatives nominated by the CPSU and the
Employer.
The purpose of the working group will be to establish an agreed set of common
employment entitlements for Employees performing incident and emergency
response and fire suppression work (collectively ‘emergency management’) as part
of or in addition to their usual duties. The working group will be guided by the
following principles:
(a) The purpose of a common set of entitlements is to ensure that Employees,
irrespective of their employing Public service body head, performing the same
emergency management work will be compensated equally.
(b) The common set of employment entitlements should, where possible, cover all
emergency management work within the responsibility of the VPS.
(c) The common set of employment entitlements, where possible, should be described
based on the role and location of the work performed and avoid distinctions based
on the employing Public service body head (i.e. the name of the VPS department or
agency).
(d) The common set of employment entitlements, where possible, should be
appropriately graduated based on the nature of the emergency management work,
as well as the level of skills, training and risk involved.
(e) The common set of employment entitlements should be based on the existing
terms and conditions of employment, set out in the Agreement and its appendices.
(f) The common set of employment entitlements should be financially sustainable.
Only agreed outcomes will be implemented. Where outcomes are agreed, it is the
intent of the parties to implement these in the next iteration of the Agreement, unless
agreement can be reached for an earlier implementation date.
The working group will seek to complete this work within 12 months of the
Agreement being approved by the Fair Work Commission.
VPS Emergency Surge Capacity for State, Regional or Incident
Control Centres
Application
(a) Clause 79 applies to Employees providing support in the State Control Centre
(SCC), Regional Control Centres (RCC) or Incident Control Centres (ICC) (Control
Centre) across Victoria as part of the VPS Emergency Surge Workforce (VPS ESW).
(b) The entitlements in this clause only apply to an Employee when:
Part 8 Emergency Management
78.
78.1
78.2
78.3
78.4
78.5
79.
79.1
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(i) their Employer has entered into a formal arrangement to participate in the
VPS ESW; and
(ii) has the approval of their Employer to participate in the VPS ESW; and
(iii) is performing emergency related work in a Control Centre in response to a
declared emergency which is not part of an Employee’s ordinary duties or
their Employers’ usual business operations; and
(iv) is trained, skilled and fit for duty to participate in the VPS ESW.
(c) An emergency may be declared at the direction of the Emergency Management
Commissioner (EMC), State Response Controller (SRC), Regional Response
Controller or other persons with the responsibility to declare emergencies.
(d) At all times while an Employee is participating in the VPS ESW, their employing
department remains unchanged.
(e) Employees performing emergency management work and who are employed in
Departments or Agencies with an Agency Specific Appendix which provide
emergency management provisions that apply to the Employee’s employment, will
at all times be covered by those provisions when participating in the VPS ESW,
except if the provisions of this clause are more generous.
Definitions
For the purposes of this clause:
Activated Stand-by means an Employee has agreed to be available on a Stand-by Roster
after being activated for emergency work as defined in clause 79.1.
Activation of Roster means the VPS ESW has been requested to activate into emergency
response roles.
Availability Roster means a roster for planning purposes that indicates when an
individual may be available to perform an Emergency role. There is no expectation for
immediate recall unless the roster is activated. This does not attract stand-by penalties
unless the roster is activated and the individual is placed on stand-by. If placed on stand-
by, the provisions within clause 79.7 will apply.
Emergency as defined by the Emergency Management Act 2013 (Vic) means an
emergency due to the actual or imminent occurrence of an event which in any way
endangers or threatens to endanger the safety or health of any person in Victoria or
which destroys or damages, or threatens to destroy or damage, any property in Victoria
or endangers or threatens to endanger the environment or an element of the
environment in Victoria, including, without limiting the generality of the above:
(a) an earthquake, flood, wind storm or other natural event; and
(b) a fire; and
(c) an explosion; and
(d) a road accident or any other accident; and
(e) a plague or an epidemic or contamination; and
79.2
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(f) a warlike act or act of terrorism, whether directed at Victoria or part of Victoria or
at any other State or Territory of the Commonwealth; and
(g) a hi-jack, siege or riot; and
(h) disruption to an essential service.
Fit for Duty means that an Employee is medically approved to safely perform the duties
of their Emergency work role.
Shift Roster means a Shift Work roster worked in accordance with Clause 43 of the
Agreement.
Stand-by Roster means individuals on these 7-day, year-round rosters are required to
be on stand-by for the nominated dates as displayed and must be available for duty
within 1 hour of the specified time. These rosters attract stand-by penalties in
accordance with clause 39.5(e) of the Agreement and are generally limited to one
position per function.
Retention of Classification
An Employee will retain the classification on which they were employed immediately
prior to the outbreak of an Emergency, provided that the Employer may for the purpose
and during any period of Emergency work operations specifically assign an Employee to
another classification for which a higher wage rate is prescribed in which case
appropriate payment will be made.
Normal Hours of Work
The weekly total of hours paid at ordinary time will not exceed 38 per week to be worked
in accordance with the normal accrual provisions.
Work Period
The minimum work period, except when on stand-by, callout or required to work
overtime in accordance with clause 79.7 and 79.15, will be 7.6 hours per day.
Availability Roster
(a) Rostering for the VPS ESW to perform duties in control centres will be consistent
with the standard approach to rostering emergency response adopted across the
state.
(b) Employees will be provided with the opportunity to provide their availability and
comment on the roster prior to it being finalised. If an Employee commences work
in control centres after the finalisation of the availability roster, it may be updated
accordingly.
(c) Minimum information in the roster is to include:
(i) Frequency of Employees being rostered (e.g. one week in two), and
(ii) Commencement and cessation date of roster, and
(iii) Rostered roles, and
(iv) Application of the roster (i.e. weekdays, weekends and/or after hours), and
79.3
79.4
79.5
79.6
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(v) Whether the roster includes deployment away from the usual place of work.
(d) Employees shall be notified of the commencement of the Availability Roster at
least four weeks in advance.
(e) Once finalised, the Availability Roster may be amended following consultation and
agreement with affected Employee/s.
(f) Once the roster is activated, Employees will be paid all allowances (stand-by
payment and other) until the cessation date of the roster.
Stand-by
(a) Stand-by will mean all time during which an Employee is required to remain
available for an immediate recall to work at a control centre.
(b) An Employee on stand-by will be available either at their workplace, home or at
such other place as is mutually agreed with the Employer.
(c) If an Employee is unable to fulfil the stand-by requirement, it is their responsibility
to notify the relevant roster coordinator.
(d) Activated Stand-by payment will be calculated as follows:
Table 28: Stand-by
Date of effect Per hour
1 May 2024 $20.70
1 May 2025 $21.30
1 May 2026 $21.95
1 May 2027 $22.60
(e) Stand-by for Employees on Saturdays, Sundays and Public Holidays will mean an
eight hour period between 10.00am and 10.00pm. If required, stand-by may be
extended past 10.00pm and paid according to the rate specified in clause 79.7(d).
Unless notified a minimum of 24 hours prior to stand-by commencing, the default
stand-by hours will be 10.00am to 6.00pm.
(f) An Employee who is rostered to stand-by on a Saturday, Sunday or Public Holiday
will be entitled to 8 hours stand-by payment for each day so rostered.
(i) The Employee will only be entitled to 4 hours stand-by pay if notified no later
than by the end of the Employee’s prior working day that standby for that
Saturday, Sunday and/or Public Holiday has been cancelled.
(g) An Employee may be placed on stand-by at the cessation of the normal working
time on any normal weekday. Payment will be made from the normal time of
cessation of work at the rate as provided in clause 79.7(d).
(h) If an Employee is called on to perform VPS ESW duties at a control centre on any
day that they are on stand-by, the Employee will be paid for all stand-by performed
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on that day which is not paid for under clause 79.15, in addition to their
entitlements under clause 79.15.
(i) If being on standby is part of the Employee’s normal Business as Usual role, clause
39.5 (Standby/Recall Allowance) applies.
Time recording
Rostered Employees will record the hours worked in the manner and form determined
by the Employer. This provision shall not be used to avoid an obligation, if it exists, to
pay the relevant overtime payments.
Meal intervals
Meal intervals during VPS ESW duties at the control centres will not exceed 30 minutes
and will be counted as time worked.
Provision of Meals
(a) When performing emergency work, the Employer will provide the usual 3 meals
per day, provided that where an Employee is required to work at night the
Employer will provide suitable provisions at reasonable intervals. All food
supplied by the Employer will be free of charge.
(b) The Employer will make every reasonable effort to provide meals to those
deployed at an emergency. In those cases where a meal is not provided for a
planned meal break, a meal will be provided after the completion of the shift.
Monday to Friday payment
(a) All time worked while performing VPS ESW duties at Control Centres on any
Monday to Friday (including time worked prior to Emergency work) will be paid
for at the rate of ordinary time for the first 7.6 hours and at the rate of time and
one half for the next 2 hours and at the rate of double time thereafter.
(b) The wage rate will revert to ordinary time when the Employee has received a rest
period of 10 hours.
(c) If a work period extends beyond midnight and penalty rates are being paid, such
penalty rates will continue until the end of the work period.
Saturday work
All time worked while performing VPS ESW duties at a Control Centre by an Employee
on a Saturday will be paid for at the rate of time and one half for the first two hours and
at double time thereafter, except if clause 79.11(c) applies.
Sunday and public holiday work
All time worked while performing VPS ESW duties at a Control Centre by an Employee
on a Sunday will be paid for at double the ordinary prescribed rate and for all time
worked on a Public Holiday at two and one half times the ordinary prescribed rate.
Payment of Overtime Ceiling
(a) An Employee who is in receipt of salary up to and including VPS Grade 6 is eligible
to receive payment for overtime and stand-by in respect to VPS ESW duties at a
Control Centre. Payment for overtime worked will be subject to the maximum
79.8
79.9
79.10
79.11
79.12
79.13
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payment, based on the hourly rate of the annual salary of the lowest pay point
within Grade 4.
(b) If an Employee’s ordinary-time hourly-rate is greater than the maximum hourly
rate provided for clause 72.14(a), the Employee is entitled to receive their
ordinary-time hourly-rate for overtime worked.
Callout/Recall
(a) An Employee recalled to perform VPS ESW duties at a Control Centre will be paid
for a minimum 4 hours at the appropriate penalty rate each time they are so
recalled.
(b) If work continues for more than this initial 4 hour period, the Employee will be
paid for the actual time worked, at appropriate penalty rates.
(c) If an Employee is recalled to perform VPS ESW duties at a Control Centre within 4
hours of ceasing a previous work period, then the total work period prior to re-
commencement of work on the recall will be taken into account when calculating
the hours of duty for the day and also be used for the purposes of calculating a 16
hour work period.
Rest Period
(a) For any VPS ESW shift at a control centre of up to 16 hours in length, an Employee
will receive a minimum rest period of at least 10 continuous hours between one
period of duty and the commencement of the next.
(b) In critical emergency circumstances, an Employee must not commence a new work
period without having had 10 continuous hours off duty unless directed by the
Employer.
(c) If an Employee is directed by the Employer to commence a new VPS ESW period
of duties at a control centre and the Employee has not receive a continuous 10 hour
rest period since completing one period of duty and the commencement of the
next, the Employee will be paid at the rate of double time for the whole of that next
period of work, until they are released from duty at the conclusion of that work
period.
(d) For any VPS ESW shift at a Control Centre between 16 and 24 hours in length, a
minimum continuous rest period of 12 hours is required before commencing the
next period of duty.
(e) For any VPS ESW shift at a Control Centre exceeding 24 hours in length, a minimum
continuous rest period of 22 hours is required between successive work periods.
The following shift cannot commence before 0700 hours the next day, to allow one
full night of sleep.
(f) If the Emergency arrangements require an Employee to have a continuous rest
period of greater than 16 hours and the Employee cannot work, the entirety of
their ordinary weekly hours will still be paid to the Employee (even though the
Employee has worked less than 38 ordinary hours in any Monday to Friday work
period as a result of observing the break.
(g) Emergency arrangements will be, as far as possible, organised such that rest
breaks greater than 16 hours between shifts do not occur more than once in any
Monday to Friday period.
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(h) Where an Employee, who is scheduled for a rest break but for operational reasons
is required to remain in an Emergency base camp or other accommodation on a
Saturday and/or Sunday, the Employee will be paid for a minimum of 7.6 hours for
each day they remain in the base camp at the appropriate weekend rates.
(i) An Employee can request a longer rest period before commencing their following
period of duty, having reference to the applicable Fatigue Management Policy and
the health and safety of the Employee, which the Employer will not unreasonably
refuse.
Resumption of normal duties
(a) An Employee must not commence normal duties without having had 10
continuous hours off duty unless directed by the Employer.
(b) Each Employee who has been engaged in VPS ESW duties at a Control Centre will
have a clear break of 10 hours, on the cessation of such work and prior to the
resumption of normal duties, without loss of pay for recognised (Business As
Usual) working time occurring during such break.
(i) Provided that an Employee who has been accommodated for at least 3 nights
will be entitled to a clear break of 12 hours.
(ii) This provision will not apply with respect to any VPS ESW duties performed
at a Control Centre commenced and completed between the hours of 7.00am
and 5.00pm on the same day.
(c) Prior to returning to normal duties after working for 1 or more consecutive nights,
a minimum rest period of 1 full day is required.
(d) The provisions of this clause cease to apply when, as determined by the Employer,
Emergency work becomes of a routine nature and no longer meets the definition
of Emergency work. In such instances, conditions relevant to business as usual will
apply.
Emergency role payments
Emergency role payments are provided to Employees who make themselves available
for emergency role activation and meet the eligibility criteria as specified.
(a) The following table applies to Employees who are trained and/or accredited to
perform the following Emergency work roles specifically and not as a part of other
Emergency management roles.
(b) Functional Officer Roles refers to Unit Leaders and Functional Member Roles to
individuals who are endorsed as unsupervised unit members. See table below:
Table 29: Emergency Role Payments
Functional Officer Roles Functional Member Roles
EMV Duty Officer
EMC Executive Officer
SCC Room Manager (Tier 2 & 3)
Functional Unit Members
(unsupervised)
Shift Planning
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Functional Officer Roles Functional Member Roles
State Relief & Recovery Manager
State Consequence Manager
Functional Unit Leaders
Executive Strategic Communications
Executive Support
Strategic Communications
(c) Annual Payment amounts:
Table 30: Annual Payment amounts
Roles Officer Roles Member Roles
1 May 2024 $4,419 $2,823
1 May 2025 $4,552 $2,908
1 May 2026 $4,689 $2,995
1 May 2027 $4,830 $3,085
(d) Payment will be made to current Employees as a lump sum upon verification in
June of each year of their training currency, attendance at annual updates and
availability to be deployed during that financial year.
(e) For clarification, to be deemed available, an Employee must be able to be deployed
to fulfill an Emergency readiness and response role on request for a minimum of
25 days per financial year, to be calculated pro-rata for Part-Time Employees. A
day may comprise any combination of the following:
(i) Eight (8) hours of standby (including Duty Officer standby); or
(ii) Deployment to an emergency, including activation to a Control Centre,
within the State of Victoria (including travel days); or
(iii) Deployment to an emergency outside of the State of Victoria (including
travel days and mandated rest days); or
(iv) Deployment (of not less than 4 hours) to a readiness event, an exercise or
attendance at a briefing or training activity that is a mandatory requirement
for an Employee’s Emergency role. Employees accredited in more than one
role will only receive payment for the highest role.
Rest periods for deployments between emergency duties
(a) A rest period of 2 full days (a minimum of 48 hours) is required between
deployments comprising 7 consecutive days (including travel time) or comprising
4 consecutive nights (plus 2 days travel time).
(b) Prior to returning to normal duties, where there has been a combination of normal
duties and emergency duties of:
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(i) 7 consecutive days or more, but less than 10 days – a rest period of 1 full day
(24 hours) is required as a minimum; or
(ii) 10 consecutive days or more – a rest period of 2 full days (48 hours) is
required as a minimum.
(c) Where these days fall on a Saturday or a Sunday no additional payment will be
made, nor will additional time off be provided
(d) Where these days fall on a Monday to Friday inclusive (excluding Public Holidays),
the Employee will receive payment for these days.
(e) Where these days fall on a Public Holiday, the Employee will not receive additional
time off but will receive a normal day’s pay for the Public Holiday.
(f) Where an Employee travels for 2 hours or fewer from an alternative workplace to
their usual workplace at the conclusion of a deployment, the day of travel will be
considered a day’s break in accordance with sub-clauses 79.19(b)(i)) and
79.19(b)(ii) above.
(g) Where the EMV Fatigue Management Policy and this Policy differ, the EMV Fatigue
Management Policy will prevail over this Policy to the extent of any inconsistency.
Travelling Time
(a) All time spent by an Employee in proceeding to and from an emergency location
(other than at or in close proximity to the Employee’s usual place of work) will be
regarded as time worked at the direction of the Employer.
(b) This clause 79.20 does not apply to International deployments (with the
exception of New Zealand).
Overseas and Interstate Travel
Where an Employee travels interstate or overseas for emergency work (deployment)
purposes, the Employer will provide the Employee with a reasonable allowance prior to
travel and reimburse any additional expenses relating to the trip on return. Costs will
include accommodation, meals and other incidental expenses associated with the trip.
As far as is reasonably practicable, when entering Agreements with international host
jurisdictions, the Employer will require the standard of accommodation and meals to be
equivalent to those associated with travel within Australia.
Footwear and clothing
All Employees engaged in emergency duties will be issued with appropriate safety
clothing, footwear and equipment and will be required to maintain and wear such items
as appropriate.
79.20
79.21
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Accident Make-Up Pay
Where an Employee is absent from duty as a result of sustaining an injury in respect
of which the Employee is entitled to weekly payments of compensation under the
Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), the Employee will,
except where otherwise provided in clause 80.2 below, be entitled to accident
make-up pay equivalent to their normal Salary less the amount of weekly
compensation payments.
An exception to clause 80.1 is an Employee classified as a Ministerial Transport
Officers who will be entitled to accident make-up pay equivalent to their normal
Salary and the commuted overtime allowance, less the amount of weekly
compensation payments.
Payment – maximum entitlement
(a) The Employer will continue to provide accident make-up pay to the Employee for
either a continuous period of 52 weeks, or an aggregate period of 261 working
days, or an aggregate of 1984 hours (2088 hours for Employees whose ordinary
hours of duty average 80 hours per fortnight), unless employment ceases.
(b) An entitlement to accident make-up pay will cease when the Employee has been
absent from work for either a continuous period of 52 weeks, or an aggregate
period of 261 working days, or an aggregate of 1984 hours (2088 hours for
Employees whose ordinary hours of duty average 80 hours per fortnight) or when
employment ceases or when the benefits payable under the Workplace Injury
Rehabilitation and Compensation Act 2013 (Vic) cease.
(c) The Employer may grant the Employee leave without pay where an entitlement to
accident make-up pay has ended.
For the avoidance of doubt, an Employee may, with the Employer’s consent, take
annual leave, long service leave or substitute leave (in accordance with clause 49.4)
whilst receiving accident make up pay.
For an injury prior to the proclamation of the Workplace Injury Rehabilitation and
Compensation Act 2013, a reference to that Act shall be deemed to be a reference to
the Accident Compensation Act 1985 (Vic).
Occupational Health and Safety and Rehabilitation
Objectives
(a) This Agreement acknowledges and supports the rights of Employees to work in an
environment, which is, so far as is practicable, safe and without risks to health. The
Parties are committed to the promotion of a joint and united approach to
consultation and resolution of Occupational Health and Safety (OH&S) issues.
(b) The Agreement commits the Parties to improving health and safety with a view to
improving workplace efficiency and productivity. This will be accomplished
through the ongoing development, in consultation with Employees and their
Part 9 Occupational Health and Safety
80.
80.1
80.2
80.3
80.4
80.5
81.
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health and safety representatives, of management systems and procedures
designed to, so far as is practicable to:
(i) identify, assess and control workplace hazards; and
(ii) reduce the incidence and cost of occupational injury and illness; and
(iii) identify and appropriately manage work and work practices which impact
on OH&S; and
(iv) provide a rehabilitation system for Employees affected by occupational
injury or illness; and
(v) consider the impact of changes to work practices and staffing on
occupational health and safety, and
(vi) ensure that health and safety representatives can exercise their powers to
the extent provided for in the Occupational Health and Safety Act 2004 (Vic)
and the Occupational Health and Safety Regulations 2017.
(c) OH&S statutory requirements, including regulations and codes of practice/
compliance codes are minimum standards and will be improved upon where
practicable.
OH&S consultation
(a) Consultative mechanisms appropriate to each Agency will be established to
address OH&S issues. Such mechanisms will be:
(i) in accordance with the Victorian Occupational Health and Safety Act 2004
(Vic); and
(ii) established in consultation with Employees and their health and safety
representatives; and
(iii) consistent with the Employer’s agreed issue resolution procedures and the
rights and functions of health and safety representatives, consistent with the
Occupational Health and Safety Act 2004 (Vic).
(b) Where an OH&S committee is established at least half the members shall be
Employees, including health and safety representatives.
(c) The OH&S committee must operate within the requirements of the Occupational
Health and Safety Act 2004 (Vic).
(d) An Accredited Representative of the Union or Workplace Delegate may attend local
OH&S committee meetings (by giving notice) from time to time.
OH&S training
(a) Workplace training programs, including induction and on-the-job training will
outline relevant details of OH&S policies and procedures.
(b) The contents of OH&S training programs will outline the OH&S roles and
responsibilities of Employees, managers and supervisors, OH&S policies and
procedures, particular hazards associated with their workplaces, control
measures applicable to each hazard, and how to utilise OH&S systems to identify
hazards and instigate preventative action.
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Designated Work Groups
(a) In each Agency the parties at the local level will review the Designated Work
Groups (DWGs) and negotiate revised DWGs where appropriate through
workplace Union/management consultative structures.
(b) The parties at the central level will establish instructions for the conduct of the
reviews of DWGs at the local level.
(c) Unions will be notified of vacancies for health and safety representatives in DWGs
where the majority of DWG Employees are eligible to be members of a Union.
(d) Each elected health and safety representative will be provided with reasonable
access to facilities such as email, telephone, fax, office and computer access, where
available. An Employee will be granted reasonable time release or paid time
(including time in lieu) to attend to their functions as a health and safety
representative, including but not limited to regularly inspecting workplaces (as
defined by their DWG), consulting with Employees in their DWGs, OH&S
representatives and other persons involved in the organising of Employees’ health,
safety and welfare.
(e) The Employer will post and maintain current in each workplace the names and
relevant contact details, including email where available, of elected health and
safety representatives for identified DWGs. Such circular shall be required to be
posted on a notice board for the regular attention of all Employees working in the
workplace.
(f) To monitor the maintenance of effective OH&S structures and training delivery the
parties will jointly establish a central register or local registers of DWG’s and their
health and safety representatives. The register will be maintained by the Employer
from information provided on a quarterly basis from each region/workplace.
(g) Information from the updated register(s) will be provided periodically (quarterly)
in electronic format to a Union. The information provided will be in accordance
with the Privacy and Data Protection Act 2014 (Vic). Where possible, this
information will include:
(i) a description, including the location, of each DWG within each Agency; and
(ii) the name of each elected health and safety representative, their workplace
contact details and email address; and
(iii) the date the health and safety representative was elected; and
(iv) a description of the training the health and safety representative has
attended and the date of attendance; and
(v) the name and contact details of the nominated management representative
responsible for each DWG; and
(vi) details of the structure of OH&S committees, their meeting frequency and
the name and contact details of the committee convener.
Health and safety representative training
(a) An Employee, upon election as a health and safety representative, shall be granted
up to five days’ paid leave, as soon as practicable after election, to undertake an
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appropriate introductory health and safety representative’s course from a training
organisation of their choice that is approved by the Victorian WorkCover
Authority, having regard to course places and the Employer's operations. The
Employer shall meet any reasonable costs incurred. Leave under this clause
81.5(a) must only be granted to an Employee on one occasion and is additional to
any other leave granted under this clause.
(b) Additional paid leave may be approved for health and safety representatives to
attend training approved by the Victorian WorkCover Authority under the
Occupational Health and Safety Act 2004 (Vic), which is relevant to the functions of
the DWG.
Bullying and violence at work
The Parties to this Agreement are committed to working together to reduce bullying
and occupational assault so far as is practicable in the workplace.
Employee support and debriefing
(a) The Employer will provide support and debriefing to Employees who have directly
or vicariously experienced a “critical incident” during the course of the work that
results in personal distress or psychological trauma. The Employer is committed
to assisting the recovery of Employees experiencing distress or trauma following
a critical incident with the aim of returning Employees to their pre-incident level
of functioning as soon as possible.
(b) A critical incident is defined as an event outside the range of usual human
experience which has the potential to easily overcome a person's normal ability to
cope with stress. It may produce a negative psychological response in an Employee
who was involved in or witnessed, or otherwise deals with and/or is exposed
through their course of their duties to the details of such an incident.
(c) Critical incidents in the workplace environment include, but are not limited to:
(i) aggravated assaults; or
(ii) robbery; or
(iii) suicide or attempted suicide; or
(iv) murder; or
(v) sudden or unexpected death; or
(vi) hostage or siege situations; or
(vii) discharge of firearms; or
(viii) vehicle accidents involving injury and/or substantial property damage; or
(ix) acts of self-harm by persons in the care of others; or
(x) industrial accidents involving serious injury or fatality; or
(xi) accounts of sexual violence; or
(xii) accounts of child abuse and domestic violence; or
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(xiii) any other serious accidents or incidents.
Industrial Relations Training
In order to encourage co-operative workplace relations and facilitate the operation of
this Agreement, an Employee who has been nominated by a Union and has been
accepted by a training provider to attend a designated trade union training course
will be granted reasonable access to paid leave, as a minimum of five days per
calendar year, so long as the granting of such leave does not unduly effect the
operations of the Agency in which the Employee is employed. Approval will not be
unreasonably withheld.
The Employee may be granted the leave specified in clause 82.1 where the Employer
is satisfied that the course of training is likely to contribute to a better understanding
of industrial relations, occupational health and safety, safe work practices, knowledge
of award and other industrial entitlements and the upgrading of Employee skills in all
aspects of trade union functions.
Facilities, Equipment and Accommodation – General
The Employer shall provide Employees with all such instruments, equipment, tools,
stationery and furniture as may be reasonably necessary for carrying out their work
except as otherwise agreed between the Parties to this Agreement.
The Employer shall provide, in readily accessible locations, first aid equipment
adequate for the nature of the Employee’s duties.
Agreement Compliance and Union Related Matters
Rights of Representatives of a Union
(a) Representatives of the Union include Accredited Representatives of the Union and
Workplace Delegates. Representatives of the Union play an important and
legitimate role in the workplace. Workplace Delegates also support Employee
access to union officials and provide Employee views to the Employer.
(b) A Representative of the Union is entitled to represent union members’ industrial
interests, including in disputes.
(c) A Representative of the Union is entitled to reasonable communication with
members and prospective members in relation to their industrial interests.
Employer obligations to a Representative of the Union
(a) The Employer must not unreasonably fail or refuse to deal with a Representative
of the Union.
(b) The Employer must not knowingly or recklessly make a false representation to a
Representative of the Union, and
(c) The Employer must not unreasonably hinder, obstruct or prevent the exercise of a
Representative of the Union’s rights under this Agreement.
82.
82.1
82.2
83.
83.1
83.2
84.
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Employer obligations to a Workplace Delegate
(a) An Employee shall not be dismissed or injured in their employment or have their
employment altered to their prejudice, or be threatened with prejudicial or
injurious treatment or with dismissal by reason of their status as an Workplace
Delegate, engagement in lawful activities as a Workplace Delegate or on the basis
of their membership of a Union or participation in lawful Union activities, provided
that where any such activities are undertaken during working hours, the
Employee’s release has been approved. Approval will not be unreasonably
withheld.
(b) The Employer must not injure a person in their employment, or alter the terms or
conditions of employment of a person to their prejudice, on the basis of their
membership of or participation in the lawful activities of a Union, provided that
where any such activities are undertaken during working hours, the Employee’s
release has been approved. Approval will not be unreasonably withheld.
Access to Facilities and time to undertake duties as a Representative of a
Union
(a) An Accredited Representative of a Union or Workplace Delegate is entitled to
reasonable access to the workplace and facilities for the purposes of the rights
exercised under clause 84.1.
(b) A Workplace Delegate shall be released by the Employer from normal duties for
such periods of time as may be reasonably necessary to enable them to carry out
their representative functions including, but not limited to, investigating any
alleged breach of this Agreement, endeavouring to resolve any dispute arising out
of the operation of this Agreement, participating in any bargaining, conciliation or
arbitration process conducted under the provisions of the FW Act. Such release
must not unduly affect the operations of the Agency in which the Employee is
employed.
(c) Members of a Union shall be permitted by the Employer to post written material
authorised by a Union in a place within the workplace to which members and
potential members of that Union have convenient access, and to distribute such
written material by appropriate means to Union members.
(d) Employees will be allowed reasonable access to electronic communication devices
to facilitate communication between Employees and/or the Union, provided that
such communication is not offensive or improper.
Employee Representation on CPSU SPSF Victorian Branch Council
(a) Employees who are CPSU SPSF Victorian Branch Council members nominated by
the Branch Secretary of the CPSU will be entitled to a half day per month to attend
Branch Council meetings. Time release will include reasonable time to travel to the
meetings.
(b) Additional paid leave will be granted to Employees who are CPSU SPSF Victorian
Branch Council members nominated by the Branch Secretary to attend:
(i) Federal Executive and Federal Council meetings of the CPSU; and
(ii) the Australian Council of Trade Unions’ triennial conference.
84.3
84.4
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(c) On application, the Employer shall grant leave without pay to an Employee for the
purposes of secondment to work for a Union.
(d) Employer obligations to an Employee who is a CPSU SPSF Victorian Branch
Council member
An Employee shall not be dismissed or injured in their employment or have their
employment altered to their prejudice, or be threatened with prejudicial or
injurious treatment or with dismissal by reason of their status as a member of
CPSU SPSF Victorian Branch Council, engagement in lawful activities as a member
of CPSU SPSF Victorian Branch Council or on the basis of their membership of a
Union or participation in lawful Union activities, provided that where any such
activities are undertaken during working hours, the Employee’s release has been
approved. Approval will not be unreasonably withheld.
Union encouragement
The Parties covered by this Agreement recognise the right of Employees to join a
union and will encourage Employees to join and maintain financial membership of a
union. The Parties further recognise that union membership remains at the discretion
of individual Employees.
An application for union membership and information on the relevant Union/s will
be provided to all Employees as soon as practicable after the commencement of
employment.
Information on the relevant Union/s will be included in induction materials, including
current membership material, details of fees, and general information about the
Union. This information will be supplied by the Union(s).
The Employer will ensure that Union representatives are provided with the
opportunity to discuss union membership with new Employees. These discussions
may be held during working hours, provided that the Employer’s operations are not
unreasonably disrupted. Where inductions are held in person or online, the Union will
be invited to address new Employees as part of those inductions.
Right of Entry
For the purposes of ensuring compliance with this Agreement and the FW Act, an
official of a Union who has been issued with an entry permit by the FWC pursuant to
section 512 of the FW Act will be permitted access to the workplace provided they
comply with the provisions set out in Part 3-4 of the FW Act.
A permit holder may only enter the workplace for the purposes permitted by and in
compliance with the provisions of Part 3-4 of the FW Act.
Subject to clauses 86.1 and 86.2 a permit holder may enter the premises and shall
adhere to the principles that they must not intentionally hinder or obstruct any
person, or otherwise act in an improper manner.
85.
85.1
85.2
85.3
85.4
86.
86.1
86.2
86.3
Victorian Public Service Enterprise Agreement 2024
Schedule A
167
OFFICIAL
Redeployment
The redeployment policy will be based on the following principles:
1. The redeployment of surplus Employees wherever practical and consistent with the
application of merit;
2. Surplus Employees have priority to be placed in vacancies that occur within the VPS,
unless the surplus Employee is determined to be unsuitable for appointment to that
vacancy by the prospective employing Agency;
3. The placement of surplus Employees be managed at Agency level, the redeploying Agency
to provide individualised case management and support, including counselling, provision
of job search skills, liaison and retraining to assist in achieving placements;
4. Processes to be consistent with the application of the principles of fair and reasonable
treatment and merit selection;
5. Surplus Employees to have access to departure packages only after a reasonable period;
6. Retrenchment and payment of a separation package to be used as an action of last resort
where redeployment within a reasonable period does not appear likely;
7. Where a vacancy exists for which a redeployee is suitable and is the only candidate or the
best candidate amongst redeployees, a valid offer will be made. A valid offer involves an
offer of duties to a suitably qualified Employee (which may be at the same or different
level or status or the same or different general location as the Employee’s previous
employment);
8. Redeployees will have priority access to vacancies both at the Employee’s classification
level and below their classification level and, where appropriate, will be provided with
Salary maintenance;
9. Relinquishing Agencies will provide support to redeployees being placed in alternative
positions utilising high quality and professional expertise; and
10. Redeployees will actively engage in the redeployment process.
Schedule A
Victorian Public Service Enterprise Agreement 2024
Schedule B – Supported Wage System
168
OFFICIAL
Supported Wage System
Supported Wage System
This schedule deals with the calculation of minimum rates of pay which will apply to
Employees who because of the effects of a disability are eligible for a supported wage
under the terms of this Agreement. In the context of this clause, the following definitions
will apply:
(a) Supported wage system means the commonwealth government system to
promote employment for people who cannot work at full award wages because of
a disability, as documented in the Supported Wage System (SWS) Handbook.
(b) Approved assessor means a person accredited by the management unit
established by the commonwealth under the supported wage system to perform
assessments of an individual's productive capacity within the supported wage
system.
(c) Disability support pension means the commonwealth pension scheme to
provide income security for persons with a disability as provided under the Social
Security Act 1991(Cth) or any successor to that scheme.
(d) Assessment instrument means the tool provided for under the supported wage
system that records the assessment of the productive capacity of the person to be
employed under the supported wage system.
(e) SWS wage assessment agreement means the document in the form required by
the Department of Social Services that records the employee’s productive capacity
and agreed wage rate
Eligibility criteria
(a) Employees covered by this clause will be those who are unable to perform the
range of duties to the competence level required within the class of work for which
the Employee is engaged under this Agreement, because of the effects of a
disability on their productive capacity and who meet the impairment criteria for
receipt of a disability support pension.
(b) This clause does not apply to any existing Employee who has a claim against the
Employer which is subject to the provisions of accident compensation legislation
or any provision of this Agreement relating to the rehabilitation of Employees who
are injured in the course of their employment.
(c) This clause does not apply to the Employer in respect of their facility, programme,
undertaking, service or the like which receives funding under the Disability
Services Act 1986 (Cth) and fulfils the dual role of service provider and sheltered
Employer to people with disabilities who are in receipt of or are eligible for a
disability support pension, except with respect to an organisation which has
received recognition under s.10 or under s.12a of the Disability Services Act 1986
(Cth), or if a part only has received recognition, that part.
Schedule B
1.
1.1
1.2
Victorian Public Service Enterprise Agreement 2024
Schedule B – Supported Wage System
169
OFFICIAL
Supported wage rates
(a) Supported wage rates must be calculated as a percentage of the minimum rate of
pay prescribed by this Agreement for the class of work the person is performing
according to the following table:
Assessed capacity
Percentage of prescribed
Agreement rate
10%* 10%
20% 20%
30% 30%
40% 40%
50% 50%
60% 60%
70% 70%
80% 80%
90% 90%
(b) The minimum rate payable to an Employee under the Supported Wage System
detailed in Schedule B of the Agreement, will be no less than the minimum rate
prescribed in Schedule N of the Victorian Public Service Award 2016.
(c) *Where a person’s assessed capacity is 10 per cent, they shall receive a high degree
of assistance and support.
Assessment of capacity
(a) For the purpose of establishing the applicable percentage of the Agreement rate to
be paid to an Employee under this Agreement, the productive capacity of the
Employee will be assessed in accordance with the supported wage system by an
approved assessor, having consulted with the Employer and Employee, and if the
Employee so desires, a union which the Employee is eligible to join.
(b) All assessments made under this schedule must be documented in a SWS wage
assessment agreement, and retained by the Employer as a time and wages record
in accordance with the Act.
Lodgement of assessment instrument
(a) All SWS wage assessment agreements under this Schedule, including the
applicable percentage of the Agreement Salary to be paid to the Employee, must
be lodged by the Employer with FWC.
(b) All SWS wage assessment agreements must be agreed and signed by the Employee
and Employer parties to the assessment.
Review of assessment
The assessment of the applicable percentage should be subject to annual review or more
frequent review on the basis of a reasonable request for such a review. The process of
1.3
1.4
1.5
1.6
Victorian Public Service Enterprise Agreement 2024
Schedule B – Supported Wage System
170
OFFICIAL
review must be in accordance with the procedures for assessing capacity under the
supported wage system.
Other terms and conditions of employment
Where an assessment has been made, the applicable percentage shall apply to the salary
rate only. Employees covered by the provisions of the clause will be entitled to the same
terms and conditions of employment as all other Employees covered by this Agreement
paid on a pro rata basis.
Workplace adjustment
If the Employer wishes to employ a person under the provisions of this clause they must
take reasonable steps to make changes in the workplace to enhance the Employee's
capacity to do the job. Changes may involve re-design of job duties, working time
arrangements and work organisation in consultation with other Employees in the area.
Trial period
(a) In order for an adequate assessment of the Employee's capacity to be made, the
Employer may employ a person under the provisions of this clause for a trial
period not exceeding twelve weeks, except that in some cases additional work
adjustment time (not exceeding four weeks) may be needed.
(b) During that trial period the assessment of the Employee’s capacity will be
undertaken and the applicable percentage of the Agreement rate for a continuing
employment relationship shall be determined.
(c) The minimum rate payable to an Employee under the Supported Wage System
detailed in Schedule B of the Agreement, will be no less than the minimum rate
prescribed in Schedule N of the Victorian Public Service Award 2016.
(d) Work trials should include induction or training as appropriate to the job being
trialled.
(e) Where the Employer and Employee wish to establish a continuing employment
relationship following the completion of the trial period, a further contract of
employment shall be entered into based on the outcome of assessment under
clause 1.4 hereof.
1.7
1.8
1.9
Victorian Public Service Enterprise Agreement 2024
Schedule C – VPS Salaries and Classification and Value Range Descriptors
171
OFFICIAL
VPS Salaries and Classification and Value Range
Descriptors
VPS Salaries
Grade Value Range Progression Step
Date of effect
1 May 2024 1 May 2025 1 May 2026 1 May 2027
V
P
S
O
ff
ic
er
1 1.1
1.1.1 $53,423 $55,026 $56,677 $58,377
1.1.2 $54,516 $56,151 $57,836 $59,571
1.1.3 $55,614 $57,282 $59,000 $60,770
1.1.4 $56,711 $58,412 $60,164 $61,969
2
2.1
2.1.1 $58,539 $60,295 $62,104 $63,967
2.1.2 $59,728 $61,520 $63,366 $65,267
2.1.3 $60,915 $62,742 $64,624 $66,563
2.1.4 $62,107 $63,970 $65,889 $67,866
2.1.5 $63,290 $65,189 $67,145 $69,159
2.1.6 $64,482 $66,416 $68,408 $70,460
2.1.7 $65,670 $67,640 $69,669 $71,759
2.1.8 $66,858 $68,864 $70,930 $73,058
2.2
2.2.1 $68,045 $70,086 $72,189 $74,355
2.2.2 $69,234 $71,311 $73,450 $75,654
2.2.3 $70,419 $72,532 $74,708 $76,949
2.2.4 $71,610 $73,758 $75,971 $78,250
2.2.5 $72,795 $74,979 $77,228 $79,545
2.2.6 $73,987 $76,207 $78,493 $80,848
2.2.7 $75,175 $77,430 $79,753 $82,146
3
3.1
3.1.1 $76,817 $79,122 $81,496 $83,941
3.1.2 $78,465 $80,819 $83,244 $85,741
3.1.3 $80,111 $82,514 $84,989 $87,539
3.1.4 $81,756 $84,209 $86,735 $89,337
3.1.5 $83,400 $85,902 $88,479 $91,133
3.1.6 $85,048 $87,599 $90,227 $92,934
3.2
3.2.1 $86,691 $89,292 $91,971 $94,730
3.2.2 $88,339 $90,989 $93,719 $96,531
3.2.3 $89,984 $92,684 $95,465 $98,329
3.2.4 $91,627 $94,376 $97,207 $100,123
3.2.5 $93,275 $96,073 $98,955 $101,924
4 4.1
4.1.1 $95,102 $97,955 $100,894 $103,921
4.1.2 $97,237 $100,154 $103,159 $106,254
4.1.3 $99,371 $102,352 $105,423 $108,586
4.1.4 $101,500 $104,545 $107,681 $110,911
4.1.5 $103,638 $106,747 $109,949 $113,247
4.1.6 $105,771 $108,944 $112,212 $115,578
4.1.7 $107,905 $111,142 $114,476 $117,910
Schedule C
1.
Victorian Public Service Enterprise Agreement 2024
Schedule C – VPS Salaries and Classification and Value Range Descriptors
172
OFFICIAL
Grade Value Range Progression Step
Date of effect
1 May 2024 1 May 2025 1 May 2026 1 May 2027
Se
n
io
r
O
ff
ic
er
5
5.1
5.1.1 $109,730 $113,022 $116,413 $119,905
5.1.2 $113,019 $116,410 $119,902 $123,499
5.1.3 $116,308 $119,797 $123,391 $127,093
5.1.4 $119,596 $123,184 $126,880 $130,686
5.1.5 $121,247 $124,884 $128,631 $132,490
5.2
5.2.1 $121,250 $124,888 $128,635 $132,494
5.2.2 $124,538 $128,274 $132,122 $136,086
5.2.3 $127,827 $131,662 $135,612 $139,680
5.2.4 $131,116 $135,049 $139,100 $143,273
5.2.5 $132,764 $136,747 $140,849 $145,074
6
6.1
6.1.1 $134,593 $138,631 $142,790 $147,074
6.1.2 $138,746 $142,908 $147,195 $151,611
6.1.3 $142,899 $147,186 $151,602 $156,150
6.1.4 $147,052 $151,464 $156,008 $160,688
6.1.5 $151,205 $155,741 $160,413 $165,225
6.1.6 $155,358 $160,019 $164,820 $169,765
6.1.7 $157,355 $162,076 $166,938 $171,946
6.2
6.2.1 $157,356 $162,077 $166,939 $171,947
6.2.2 $161,509 $166,354 $171,345 $176,485
6.2.3 $165,662 $170,632 $175,751 $181,024
6.2.4 $169,815 $174,909 $180,156 $185,561
6.2.5 $173,968 $179,187 $184,563 $190,100
6.2.6 $178,121 $183,465 $188,969 $194,638
6.2.7 $180,115 $185,518 $191,084 $196,817
Se
n
io
r
T
ec
h
n
ic
al
S
p
ec
ia
li
st
7
7.1
7.1.1 $182,813 $188,297 $193,946 $199,764
7.1.2 $189,635 $195,324 $201,184 $207,220
7.1.3 $196,458 $202,352 $208,423 $214,676
7.1.4 $203,281 $209,379 $215,660 $222,130
7.1.5 $204,749 $210,891 $217,218 $223,735
7.2
7.2.1 $204,753 $210,896 $217,223 $223,740
7.2.2 $211,575 $217,922 $224,460 $231,194
7.2.3 $218,398 $224,950 $231,699 $238,650
7.2.4 $225,221 $231,978 $238,937 $246,105
7.2.5 $226,690 $233,491 $240,496 $247,711
7.3
7.3.1 $226,690 $233,491 $240,496 $247,711
7.3.2 $233,512 $240,517 $247,733 $255,165
7.3.3 $240,335 $247,545 $254,971 $262,620
7.3.4 $247,158 $254,573 $262,210 $270,076
7.3.5 $248,629 $256,088 $263,771 $271,684
173
OFFICIAL
VPS Career Structure Classification and Value Range Standard Descriptors
Table 31: VPS Career Structure Classification and Value Range Standard Descriptors
Table 31.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
Decision Making 1.1A 2.1A 2.2A 3.1A 3.2A 4.1A
Accountability and
Frameworks
Undertakes specific
and defined tasks
within established
rules under close
supervision, defined
as:
• clear and
detailed
instructions are
provided; tasks
are covered by
standard
procedures;
• deviation from
procedures or
Applies rules,
processes and
standards under
general supervision
Plans and prioritises
own work program to
achieve defined
targets
Changes own work
program, which may
impact on the
operations of the
work area
Selects from a range
of accepted options
established by rules,
processes, and
standards
Makes decisions that
may have significant
impact on clients
Team leadership may
be exercised where
appropriate to the
role
Exercises
professional
judgement about the
application of rules,
or the selection of
choices within
guidelines
Resolves local
operational service
delivery problems
within guidelines
Sets local precedents
regarding the
application of
guidelines
Provides guidance
for others in the
work area and/ or
related areas
Develops guidelines
within the work area
Resolves operational
service delivery
problems consistent
with program
objectives
Interprets and
applies business
plans and policies to
own area of
responsibility
2.
174
OFFICIAL
Table 31.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
unfamiliar
situations are
referred to
higher levels;
and
• work is regularly
checked
Influences own daily
work priorities and
schedules under
direction of
supervisor
Accountable for
accuracy and
timeliness of outputs
Reviews decisions,
assessments and
recommendations
from less
experienced team
members
Determines the work
organisation of the
work area
Analysis and advice
contributes to
decision making by
others
Manages budget and
resources for the
work area
Advice and analysis
contributes to policy
formulation
Innovation and
Originality
The focus is on
maintaining existing
systems and
processes
Identifies
opportunities to
Judgement is
required to solve
problems arising in
own work program
Takes initiative to
recommend
Creatively deals with
problems within the
work area
Initiates
improvements to
procedures within
the work area
Assesses and
responds to policy
and process changes
in the work area
Identifies and applies
developments within
Innovative thinking
is an inherent feature
of the job
Defines the
appropriate
methodology in the
175
OFFICIAL
Table 31.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
improve own
efficiency and
suggests these to
supervisor
improved processes
in immediate work
area
professional field to
problem solving
within the work area
analysis of policy or
research options
Communication 1.1B 2.1B 2.2B 3.1B 3.2B 4.1B
Provides and
receives routine
information
Communication is
mainly focused on
routine issues that
may require an
understanding of the
operational context
Explains rules,
procedures and
operational policies
to individual clients
or colleagues
Presents routine
information to small
groups and provides
feedback to
organisation
Draft routine internal
reports and
correspondence
Liaises with
stakeholders, clients
and external
Conducts formal
community
information sessions
and consultative
process involving
small groups or
participates in a
similar process in
larger groups
Uses persuasion
skills in dealing with
an individual client,
colleague, service
provider or the like
May lead a team
through activities
including individual
and team
performance
management and
development
Explains concepts
and policies to
clients, stakeholders
and staff
Plans, leads and
facilitates
information sessions
and consultative
processes in a range
of settings
Plan, lead and
facilitate consultative
processes in a range
of settings involving
more difficult or
sensitive issues
Prepares complex
operational reports
requiring in-depth
factual analysis
Conveys specialist
concepts and policies
to clients, staff and
stakeholders
Prepares reports,
briefs and
correspondence on
complex issues that
impact at program or
organisational level
Develops and
implements
operational
communication and
consultation
strategies on specific
projects
176
OFFICIAL
Table 31.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
providers of goods
and services
Suggests alternative
approaches to clients
or stakeholders
Understands
procedures for
effectively dealing
with people
exhibiting challenging
behaviours
Prepares briefs on
sensitive issues for
consideration of
others
Draft public
communication
documents
Communicates issues
and advocates a
preferred case or
option to
stakeholders
Communicate
professional/
technical concepts
and advice
Provides
communication
guidance to less
experienced
colleagues
Uses persuasion,
advocacy, negotiation
Applies negotiation
persuasion and
motivation skills to
manage staff and
stakeholders
177
OFFICIAL
Table 31.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
and motivation skills
with clients,
providers, staff, peers
and managers
Knowledge and
Proficiency
1.1C 2.1C 2.2C 3.1C 3.2C 4.1C
Focus is on learning,
developing and
refining work skills
Requires knowledge
of equipment and
tools to perform
routine tasks,
experiments and
procedures, and
develops practical
application of these
skills
Requires
understanding of
general office work
routines and
procedures
Understands and
applies theoretical
principles, under
supervision, to
achieve defined
outcomes
Develops knowledge
of established
techniques and
organisational
processes
Proficient in use of
software or technical
equipment
Knowledge of
legislation,
regulations, policies
Uses theoretical
knowledge under
supervision to
achieve defined
outcomes in a
variety of work
situations
Local reference point
in operational
processes and
procedures
Uses theoretical
knowledge to achieve
agreed outcomes in
moderately complex
work situations
Authoritative in
application of
processes and policy
relevant to the work
unit
Knowledge of
relevant legislation,
regulations, policies
and processes
Adapts theoretical
knowledge based on
practical experience
and/or
understanding of
current issues in the
field
Applies
understanding of
interrelationships
between
stakeholders and/or
other work units to
achieve local
objectives
Researches and
applies advanced
theoretical
knowledge in a
specialised field to
operational problem
solving
Applies sound
theoretical and
practical expertise in
development of
policy options
Authoritative in
application of
processes
178
OFFICIAL
Table 31.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
Acquire and apply
proficiency in
standard office
equipment and
computer
applications
and processes
relevant and specific
to the role
Policy and Projects 1.1D 2.1D 2.2D 3.1D 3.2D 4.1D
Provides
administrative
support to policy and
projects, consistent
with the support
elements described
in 1.1B
Drafts minutes and
action plans for
consideration by
others
Collects data,
undertakes basic
analysis and prepares
simple reports
Undertakes research
specified by others,
including data
analysis
Administers routine
projects under
direction or
coordinates project
steps
Contributes to
operational service
delivery policy
development
Researches issues
and prepares draft
reports and briefings
within a project plan
or policy framework
set by others
Conducts projects of
defined scope under
direction
Obtains, summarises
and reports on
stakeholder views
Plans and conducts
several narrowly
scoped projects
simultaneously
Conducts aspects of
more complex
projects under
direction
Contributes to
planning on large
projects
Researches and
develops
recommendations in
a specific field of
expertise
Develops and
implements
operational policy
which impacts the
immediate work area
Contributes to
strategic policy
development within
a specific field of
expertise
179
OFFICIAL
Table 31.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
Manages projects,
usually under limited
direction
Contributes expertise
to a team working on
complex projects
Prepares project
scopes and briefs
within broad
parameters
Manages multi-
disciplinary project
teams
Administrative and
Corporate Support
1.1E 2.1E 2.2E 3.1E 3.2E 4.1E
Performs routine
administrative tasks,
including general
telephone, counter
and front office
enquiries, mail
deliveries, assisting
with stock control,
Provides office
support through
activities such as
using and
maintaining standard
office equipment and
software
Responsible for
office support
services and systems
for a work unit
Documents meeting
outcomes in more
complex situations
May lead a corporate
support team
Manages team
performance through
activities such as
monitoring and
reporting
Prepares and
analyses reports
from corporate
databases to support
decision making in
the broader work
area
Leads a larger or
complex corporate
support work unit
Provides specialist
administrative and
corporate support
expertise
180
OFFICIAL
Table 31.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
supporting
organisation of
meetings, receiving
and initial processing
of standard
paperwork
Drafts routine
correspondence and
minutes
Organises routine
meetings and small
functions
Undertakes standard
processing work such
as data entry,
purchasing, payments
and reports using
office databases
Performs telephone
and counter duties
consistent with 2.1B
Provides support to
contract
administration
Demonstrates
problem solving in
processing work
Create and
maintains local
databases or
reporting systems
utilising standard
software
Analyse standard
reports and data to
identify exceptions
Maintains corporate
databases and
completes analysis
Monitors and
administers straight
forward, local
contracts and service
agreements within a
well-defined service
delivery framework
Develops local
databases or
reporting systems
Negotiate straight
forward, local
contracts and service
agreements
Negotiates and
manages straight
forward, corporate
contracts and service
agreements
Drafts reports and
recommendations by
interpreting and
analysing data
Operational Service
Delivery
1.1F 2.1F 2.2F 3.1F 3.2F 4.1F
Provides routine
information, such as
standard information
and explanations, to
Provides standard
services under
general supervision
and within a defined
Assesses client
needs and
implements
appropriate service
delivery from a
Supervises a service
delivery team
Assesses client needs
and delivers a range
of services in
Reviews client
assessments and
associated service
delivery plans
Determines
operational service
delivery plans based
on accepted
standards
181
OFFICIAL
Table 31.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
clients and members
of the public
Receives payment
for routine services
such as the sale of
publications and
individual licence
fees
Performs routine
service delivery
functions for clients
such as, driving, food
preparation,
cleaning, gardening,
assisting qualified
trade persons and
minor maintenance
Operates and
maintains tools and
equipment
appropriate to the
function and level of
qualification
service delivery
framework
Delivers information
services to the
general public or
clients, including
initial advice and
referral
Consistent with the
development of
knowledge specified
at 2.1C, participates
in routine
investigations under
direction and
provides evidence if
required
Reconciles, banks
monies and manages
petty cash
range of accepted
options
Identifies where
limited precedents
apply and may
recommend action
to be taken
Assists in preparing
or presenting cases
in a range of review
forums, tribunals
and courts
complex situations
investigates and
assesses actions by
individuals or
organisations against
legislation, rules,
regulations and
service agreements
Advocates issues
involving established
precedents before a
range of review
forums, tribunals and
courts
Participates in the
development of
strategies to
represent the
organisation or
clients, involving
complex and
challenging problems
Advocates more
complex cases to
represent the
organisation or
clients before a range
of review forums,
tribunals and courts
Recommends
strategies to
represent the agency
and/or clients
involving complex
and challenging
problems
Recommends
resource allocation to
immediate manager
in order to meet
service delivery
priorities
Manages operational
work teams
Undertakes advanced
case management,
which may include
cross agency
collaboration
Undertakes complex
or technical
investigations and
makes
recommendations for
action
182
OFFICIAL
Table 31.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
Technical/Specialist 1.1G 2.1G 2.2G 3.1G 3.2G 4.1G
Assists technicians,
scientists and
specialists in tasks
that are
straightforward and
use established
techniques and work
practices
Operates and
maintains technical
or scientific
equipment
appropriate to the
function and level of
qualification
This level performs
routine technical
support functions
such as setting up a
laboratory, cleaning
equipment, and
Conducts routine
scientific, technical or
specialist procedures
and data collection,
collation and analysis
Diagnoses and
corrects faults and
problems with
technical equipment
Contributes to
scientific or technical
project planning
Modifies routine
scientific, technical
or specialist
procedures to a
limited specification
Exercises discretion
in use of equipment
and actions to
achieve results
within specifications
Conducts small to
medium scientific,
technical or specialist
projects defined by
others
Undertakes technical
data analysis in field
of expertise
Conducts field or
desk-top studies as
part of a team
Assembles non-
standard technical
systems or
equipment to a
specification
Leads a small
scientific, technical
or specialist team
Plan small to
medium scientific,
technical or specialist
projects
May control a
laboratory function
or field operation
where a range of
related technical
functions are
performed
Prepares complex
reports requiring in-
depth factual
analysis
Manages a scientific,
technical or specialist
team and/or projects
Independently
performs
professional or
technical work at an
advanced level in a
narrow field of
expertise or on
research projects
Provides professional
scientific, technical
or specialist advice
based on field of
expertise
Undertakes technical
data analysis and
modelling and
prepares reports
183
OFFICIAL
Table 31.1: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 1 to 4
Grade 1
For employees
participating in
formal trainee,
cadetship or
similar VPS wide
entry level
employment
program
Grade 2 Grade 3 Grade 4
Value Range VR1 VR2 VR1 VR2
supporting field
work
184
OFFICIAL
Table 31.2: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Grade 5 Grade 6
Value Range VR 1 VR 2 VR 1 VR 2
Decision Making 5.1A 5.2A 6.1A 6.2A
Rules, Guidelines, and
Frameworks
Decisions often impact upon
staff, peers and clients outside
the immediate work area
Makes decisions in situations
where there is some, but not
definitive, precedent about the
application of an organisational
framework
Advice and analysis influences
policy development
Contributes to strategic business
planning
Interprets and applies business
plans and policies in own area of
responsibility and provides
advice to others on
implementation issues
Accountable for work
organisation, the allocation of
resources within and the outputs
required of the work area
Decisions may set precedents for
peers
Develops business plans to
deliver on evolving
organisational priorities
Develops policy frameworks
within area of expertise or
responsibility based on defined
organisational priorities
Participates in strategic planning
and contributes to strategic
decision making process
Accountable for achievement of
established corporate objectives
including the formulation and
implementation of local business
plans
Develops policies,
programs and initiatives
that impact on programs
or major functional areas
Required to interpret
general policy framework
to make decisions in the
absence of definitive
operational policies
Innovation and Originality Innovative thinking and analysis
influences developments within
area of responsibility
Solutions and thinking may
advance organisational
innovation or
occupational/professional
knowledge
Identifies and responds to new
and emerging strategic issues
impacting on the operating
environment
Contributes advanced
expertise and knowledge
to strategic planning and
decision making processes
185
OFFICIAL
Table 31.2: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Creatively develops options in a
changing organisational
environment
Communication 5.1B 5.2B 6.1B 6.2B
Initiates and maintains
relationships with peer and
senior internal and external
stakeholders
Focuses on understanding
stakeholder issues
Negotiates with stakeholders and
peers with the object of gaining
co-operation and meeting
timelines for delivery of project,
service or advice
Prepares technical reports at an
advanced professional level
Relies on formal and informal
communication channels to
achieve goals and engages
stakeholders to help them
identify areas and opportunities
for improvement
Initiates and maintains effective
relationships with internal and
external stakeholders at peer or
senior levels
Manages consultation processes
including engagement with key
stakeholders.
Negotiates with stakeholders,
peers, industry bodies and other
government agencies with the
objective of gaining co-operation,
influencing views and meeting
timelines for delivery of project,
service or advice
Is influential in negotiations with
external suppliers of major
services
Purpose of communication may
be to resolve complex issues
through a process of consultation
and negotiation
Prepares technical reports at an
authoritative level
Develops briefs on highly
complex issues that provide
options for decision within an
organisation
Initiates and manages
negotiations with peers (internal
and external to work unit) to
gain commitment to projects,
and delivery of activities to meet
timelines
Provides and receives highly
complex, contentious or sensitive
information where high levels of
negotiation, communication and
interpersonal skills are required
Explains highly complex
concepts, ideas and issues to an
executive (i.e. non-expert)
audience
Is required to use formal
and informal channels to
influence organisation or
program management to
achieve goals
Influences stakeholders
holding competing
priorities and views
Briefs high level
stakeholders in own area
of expertise in a variety of
forums
Operates with loosely
defined hierarchies of
decision-making
Negotiates to resolve
differences to achieve
agreement to
project/program
May be required to
negotiate on the spot,
often on the basis of
limited information
186
OFFICIAL
Table 31.2: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Represents own work area with
external stakeholders, and
effectively manages feedback
Confidently represents the
agency with external peers and
negotiate within parameters
agreed with immediate manager
Focuses on understanding
stakeholder issues and
influencing their views
Provides authoritative expert
advice on complex issues within
own area
Policy and Projects 5.1C 5.2C 6.1C 6.2C
Formulates policy options and
advice
Develops project briefs
consistent with business plan
direction
Manages and leads projects
Develops briefs on highly
complex issues that provide
options for discussion and
consideration and will contribute
to the development of a set of
final options for decision
Advocates policy options
Manages and leads complex
projects
Responsible for operational
policy or service development
impacting on a major functional
area
Responsible for implementation
of endorsed strategic policy
within the functional area
Routinely advises senior
stakeholders on policy issues and
solutions within a functional area
Responsible for
operational policy or
service development that
has significant impact
across functional areas
Responsible for
implementation of
endorsed strategic policy
across functional areas
Area of expertise and
responsibility is
complicated by the scale
and difficulty of the issues
Manages major projects
for the organisation
Provides policy advice to
government, senior levels
187
OFFICIAL
Table 31.2: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
of the organisation and key
external stakeholders
Administrative and Corporate
Support
5.1D 5.2D 6.1D 6.2D
Manages a discrete function with
limited budget or staff
responsibilities
Provides high level expertise
dealing with more complex
issues in a specialised corporate
support function
Manages a discrete function with
increased budget, staff
responsibilities, or sensitive or
complex issues
Provides professional leadership
in a specialised corporate
support function
Manages an area with significant
budget, staff responsibilities or
strategic importance
Contributes to strategic
corporate initiatives and is
responsible for implementation
Provides leadership and
guidance based on
advanced expertise
Manages a range of
strategic corporate
functions, each with
significant budget, staff
responsibilities or
strategic importance
Leads strategic corporate
initiatives
Operational Service Delivery 5.1E 5.2E 6.1E 6.2E
Manages cross-functional
delivery within a defined service
Develops service plans and
delivery standards for the area of
responsibility
Determines service delivery
resource allocation
Provides specialist professional
services or advice
Manages cross-functional
delivery of a defined service with
increased budget, staff
responsibilities, or sensitive or
complex issues
Provides specialist professional
services or advice, including
leadership and guidance to other
specialists in the field
Manages a large scale
organisational service or
regional delivery function
Develops service delivery models
within business plans and
objectives
Provides highly specialist
services or expert advice on
service delivery
Provides leadership and
guidance based on
advanced expertise
Develops complex or
specialised service
delivery models
Responsible for meeting
service objectives,
including financial, quality
and time related targets
for programs or major
projects
Technical Specialist 5.1F 5.2F 6.1F 6.2F
188
OFFICIAL
Table 31.2: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6
Specialist in an area of their
profession and relied on for
advice in this field
Undertakes complex
independent scientific, technical
or specialist work and analysis
Initiates research and analysis
within an area of expertise
consistent with organisational
objectives
Provides leadership and
guidance to other specialists in
the field
Contributes to the development
of standards relating to the
sector, program or profession
Subject matter expert that
conceptualises, initiates,
implements, promotes and
evaluates complex and
innovative technical programs
Routinely advises senior levels of
the organisation on policy issues
and solutions within a functional
area
Develop technical or professional
standards for the organisation
Area of expertise and
responsibility is
complicated by the scale
and difficulty of the issues
Provides leadership and
guidance based on
advanced expertise
Knowledge and Proficiency 5.1G 5.2G 6.1G 6.2G
Uses specialist knowledge within
a confined field to challenge
policies and professional
concepts. Applies complex
concepts to policy development
or research
Provides leadership in the
adaptation and application of
concepts to operational matters
within local work area
Models high level leadership
attributes
Modifies and applies concepts to
new situations that may impact
beyond the immediate work area
Provides leadership in the
application of concepts to policy
development
Uses knowledge of structures,
processes and culture of
government, the sector and the
Department to develop policies
and new program or project
initiatives
Applies complex concepts drawn
from non-related fields to
address policy issues
High level expertise in the field
or discipline
Proficiency and expertise
has a significant impact on
the capability to deliver
the policy agenda, program
or project initiatives
High level expertise in the
program area
High level expertise in a
field or discipline that is
critical to the program or
organisation
189
OFFICIAL
Table 31.3: VPS Grade Descriptors and Value Range Standard Descriptors - Senior Technical Specialist
Value Range VR 1 VR 2 VR 3
7.1A 7.2A 7.3A
Leads highly specialised professional
research, Provides professional leadership
in a major program or field of research
Manages a significant professional research
institute or function with significant
resource management responsibilities
Provide state-wide expertise within a
specific field of endeavour critical to the
agency’s overall program
Responsible for quality professional
outcomes of work
Understands the implications of the work
and its impact on/contribution to
Departmental or Government policy
Provides professional leadership and
development of staff in area of professional
expertise
Influences departmental policy direction
and may develop or change policy as a
result of specialised work or research.
Responsible for the quality professional
outcomes of major projects
Departmental and State-wide reputation is
associated with positions at this level
This value range is characterised by work
consistent with that expressed in Value
range 1 with broader scope, complexity and
impact
Provides authoritative advice and
leadership in area of expertise
Manages a professional discipline that
impacts on department wide operations
and provides high level professional advice
to programs across the agency
Manages substantial resources primarily
associated with projects of significance to
the Department/Government or within the
field of expertise
Provides professional leadership and
development of staff in area of professional
expertise including leading and inspiring
teams of fellow professionals
Regarded as having the highest level of
expertise within the Agency and is
recognised nationally and internationally in
narrower fields
Expertise is of primary importance to the
Department/Government
Considerable resource management
responsibility primarily associated with
projects of primary importance to the
Department/Government or within the
field of scientific or professional expertise
Manages capital management projects in the
order of multi-million dollar, cross portfolio
or major agency projects
Decision Making 7.1B
Accountability and
Frameworks
Limited frameworks, precedents and
guidelines beyond broad Government
policy and professional discipline standards
Generates strategic directions and
190
OFFICIAL
Table 31.3: VPS Grade Descriptors and Value Range Standard Descriptors - Senior Technical Specialist
Value Range VR 1 VR 2 VR 3
programs for the agency or the sector
Develops strategic frameworks for research
or industry development
Typically operates in an environment with
a high degree of sensitivity or risk
associated with the particular industry
sector, field or professional endeavour
Outcomes directly affect external
perceptions of the Department by
Government and the community
Influences the national and international
debate in the profession/ field of expertise
Innovation and Originality 7.1C
Recognised nationally as a specialist in a
particular field and applies this knowledge
to achieve highly creative and/or
innovative solutions to major challenges/
major projects
Identifies and responds to new and
emerging issues in the field and their longer
term implications for the State
Communication 7.1D 7.2D 7.3D
Interacts with executives/ professional
staff within the organisation and with other
experts in the field/profession
Communicates at highest managerial levels
and with Ministers
Communicates externally across industry.
Develops and utilises national and
international communication networks to
ensure appropriate development and
application of research or project initiatives
in accordance with government priorities
Negotiates elements of million dollar
projects or the involvement or contribution
Initiates and negotiates joint research
programs with universities and other
agencies
Negotiates all aspects of multi-million
dollar projects to ensure they are on-
budget and on-time
191
OFFICIAL
Table 31.3: VPS Grade Descriptors and Value Range Standard Descriptors - Senior Technical Specialist
Value Range VR 1 VR 2 VR 3
Can be at national and international levels
Informs stakeholders of matters arising
from ‘professional/expert’ role. As an
expert, communication will rarely be
questioned
Close interaction with other professionals
in the field
Direct contact with senior political,
commercial, community or sector
stakeholders
Provides expert information and advice on
professional field of interest/major
project/s
Develops and utilises communication
networks to ensure appropriate
development and application of research or
project initiatives in accordance with
government priorities
of senior public or private sector leaders
Knowledge and
Proficiency
7.1E
Requires significant experience in the
field/area of expertise
Authoritative specialist/expert in the field
Enhances the standing of the agency and its
reputation for excellence
Writes, publishes and presents research,
arguments and cases to peers, stakeholders
and senior management
192
OFFICIAL
Table 31.3: VPS Grade Descriptors and Value Range Standard Descriptors - Senior Technical Specialist
Value Range VR 1 VR 2 VR 3
Demonstrates strategic management skills
Combines significant achievement with a
substantial body of demonstrated
effectiveness and professional experience
Victorian Public Service Enterprise Agreement 2024
Schedule D – Legal Officer Adaptive Structure
193
OFFICIAL
Legal Officer Adaptive Structure and Classification
and Value Range Descriptors
Legal Officer Adaptive Structure
The Legal Officer Adaptive Structure is set out in the table below. The salary minimums
referred to in this table are referenced against the VPS Structure set out in clause 1 of
Schedule C. The Legal Grade and Value Range Descriptors set out at clause 2 Schedule D
apply.
Table 32: Legal Officer Adaptive Structure
Legal Officer
Adaptive Structure
VPS Grade Alignment
Articled Clerk Commences on VPS salary point 2.1.5.
Solicitor 1
Minimum salary for a qualified admitted solicitor is VPS salary
point 2.2.4.
Solicitor 1 advances to Solicitor 2 after 12 months or sooner if
performing work at the higher level subject to meeting agency
performance standards.
Solicitor 2
Value Range 1
VPS salary point 3.1.1
Solicitor 2
Value Range 2
VPS salary point 3.2.1
Solicitor 3 VPS salary point 4.1.1
Senior Solicitor
Value Range 1
VPS salary point 5.1.1
Senior Solicitor
Value Range 2
VPS salary point 5.2.1
Principal Solicitor
Value Range 1
VPS salary point 6.1.1
Principal Solicitor
Value Range 2
VPS salary point 6.2.1
VPS Senior Technical
Specialist
VPS Senior Technical Specialist applies
Schedule D
1.
Victorian Public Service Enterprise Agreement 2024
Schedule D – Legal Officer Adaptive Structure
194
OFFICIAL
Legal Grade and Value Range Descriptors
Note: Legal Grade and Value Range Descriptors are to be read in conjunction with the VPS Grade and Value Range Descriptors with which they align.
Table 33: Legal Grade and Value Range Descriptors
Table 33.1: Legal Grade and Value Range Descriptors - Articled Clerk, Solicitor Levels 1, 2 and 3
Legal Category Definition Articled Clerk Solicitor - Level 1 Solicitor-- Level 2 Solicitor – Level 3
VPS Grade Alignment VPS Grade 2 VR1 VPS Grade 2 VR2
Value Range 1
VPS Grade 3 VR1
Value Range 2
VPS Grade 3 VR2
VPS Grade 4
A Legal Officer is in a job
that requires a mandatory
legal qualification,
admission to practice (or is
preparing for admission to
practice) and the sole or
major focus is the practice
of law. This includes:
• preparing, conducting
and advocating cases;
• briefing counsel and
supervising lawyers in
private practice who
represent the agency;
• preparing legal
documents
• providing legal advice
and opinions;
• researching and
interpreting case law,
precedents, legal
An articled clerk
functions within an
environment that reflects
an understanding and
appreciation of the
structures of the
Victorian legal system.
In this context, articled
clerks continue to acquire
knowledge and apply
professional legal
knowledge under direct
supervision.
The focus is on applying
professional knowledge
under supervision.
Routine work is dealt
with independently
Professional legal work is
checked and approved by
others.
Solicitor Level 1 is the
minimum entry level for
an admitted solicitor with
limited* or no practice
experience or for roles
working within a well-
defined operational
environment under direct
supervision.
Note* Limited practice
experience would typically
be characterised by less
than 12 months
experience.
The focus at this level is to
undertake professional
tasks within established
guidelines and policies.
Level 1 Solicitors progress
to Level 2 following 12
months service or earlier
provided they meet the
The working environment provides broad guidelines
and procedures in which the person is expected to
confidently adapt and apply knowledge to their work.
The role requires diminishing supervision for routine
matters and operates within a more challenging
functional environment.
The job focus changes to undertaking professional tasks
within established guidelines and policies with greater
independence.
Independent performance
of legal professional work
at an advanced level.
Capable of working
independently in
providing legal advice and
regarded as developing a
key functional expertise
within the area of
expertise.
May have responsibility
for mentoring less
experienced legal staff
2.
Victorian Public Service Enterprise Agreement 2024
Schedule D – Legal Officer Adaptive Structure
195
OFFICIAL
Table 33.1: Legal Grade and Value Range Descriptors - Articled Clerk, Solicitor Levels 1, 2 and 3
Legal Category Definition Articled Clerk Solicitor - Level 1 Solicitor-- Level 2 Solicitor – Level 3
VPS Grade Alignment VPS Grade 2 VR1 VPS Grade 2 VR2
Value Range 1
VPS Grade 3 VR1
Value Range 2
VPS Grade 3 VR2
VPS Grade 4
procedures and
legislation;
• interpreting legislation
and precedent; and
• developing and
reviewing legislation
performance standards of
the Department/ Agency
at this level and the work
is required at Level 2.
Litigation VPS Grade and Value
Range descriptors apply
Provides support to more
experienced legal officers
in courts, tribunals and
review forums
Assists with interviewing
witnesses and taking
statements
Provides routine advice
within established
procedural frameworks
Assists in preparing and
presenting cases in a range
of review forums,
tribunals and courts
Attend directions hearings
and routine case
conferences
Assesses case
requirements and
implements appropriate
processes from a range of
accepted options
Assists with preparation
for negotiations between
opposing parties.
Assess adequacy of
evidence in routine cases
Prepares for routine
litigation in Magistrates
Courts, County Courts and
tribunals
Appears in routine matters
in the Magistrates and
County Courts, and
tribunals including
mentions and case
conferences
Prepares more complex
cases/ matters
Negotiates settlement
agreements within defined
parameters.
Instructs in more complex
committals, inquests, trials
and appeals and routine
civil proceedings in the
Magistrates and County
Courts, and tribunals
Participates in
negotiations and
recommends dispute
settlements
Prepare and/or instructs
in more complex
committals, summary
prosecutions, inquests,
trials and appeals
Manages cases involving
less prescription or
limited precedents
Briefs and instructs
counsel on moderately
complex matters
Appears in matters in the
Magistrates and County
Courts, and tribunals
including mentions and
case conferences including
cases of a more complex
Victorian Public Service Enterprise Agreement 2024
Schedule D – Legal Officer Adaptive Structure
196
OFFICIAL
Table 33.1: Legal Grade and Value Range Descriptors - Articled Clerk, Solicitor Levels 1, 2 and 3
Legal Category Definition Articled Clerk Solicitor - Level 1 Solicitor-- Level 2 Solicitor – Level 3
VPS Grade Alignment VPS Grade 2 VR1 VPS Grade 2 VR2
Value Range 1
VPS Grade 3 VR1
Value Range 2
VPS Grade 3 VR2
VPS Grade 4
Prepares and instructs in
routine committals,
inquests, trials and
appeals and routine civil
proceedings in the
Magistrates and County
Courts, and tribunals
Assists in the development
of legal strategies
nature
Advice Work VPS Grade and Value
Range descriptors apply
Prepares legal briefs and
advice under supervision
Undertakes legal research
under direction to
contribute to decision
making by others
Provides routine advice
within established
procedural frameworks
Recommends appropriate
legal courses of action
from a range of
alternatives based on
known practice and
precedents
Liaises with, and provides
information to,
individuals, court and
tribunal staff and other
agencies
Advises on the
requirements of contracts
and agreements
Researches and reports on
case law and recent legal
developments
Assesses actions by
Prepares detailed
documents requiring
detailed legal analysis
Contributes to planning of
legal strategies, research
or policy development
Identifies and applies legal
developments to problem
solving within a specific
work area of the
organisation.
Develops legal policy
proposals for
consideration by others
Provides advice in a
specialised area of law
under broad direction
Advises stakeholders on a
broad range of legal
matters consistent with
the area of specialisation
Provides advice on issues
involving the
consideration of
moderately complex
factual, legal or
evidentiary issues within
establish frameworks
Victorian Public Service Enterprise Agreement 2024
Schedule D – Legal Officer Adaptive Structure
197
OFFICIAL
Table 33.1: Legal Grade and Value Range Descriptors - Articled Clerk, Solicitor Levels 1, 2 and 3
Legal Category Definition Articled Clerk Solicitor - Level 1 Solicitor-- Level 2 Solicitor – Level 3
VPS Grade Alignment VPS Grade 2 VR1 VPS Grade 2 VR2
Value Range 1
VPS Grade 3 VR1
Value Range 2
VPS Grade 3 VR2
VPS Grade 4
individuals or
organisations against
legislation, rules,
regulations and service
agreements
Legislative Drafting VPS Grade and Value
Range descriptors apply
Contributes to developing
drafting instructions for
legislation
Supports more
experienced staff in
preparing subordinate
legislation
Prepares straightforward
draft subordinate
legislation for review by
supervisors
Prepares drafting
instructions
independently for
straightforward legislative
proposals incorporating
stakeholders’ views
Drafts bills under general
direction for consideration
by others
Undertake research and
evaluation and provide
advice on legislation and
government policy Seeks
stakeholders views and
applies understanding of
current issues in
developing proposals and
advice
Prepares drafting
instructions and
supporting documentation
for legislation under
direction
Legal Drafting VPS Grade and Value
Range descriptors apply
Uses basic precedents to
prepare legal
documentation under
supervision
Prepares preliminary draft
Prepares routine legal
documents regularly
requiring the application
of established precedent
Researches issues and
Undertakes legal drafting
projects where precedent
is not as well defined.
Prepares complex reports,
briefs and correspondence
on issues that impact at
program or organisational
level
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Schedule D – Legal Officer Adaptive Structure
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Table 33.1: Legal Grade and Value Range Descriptors - Articled Clerk, Solicitor Levels 1, 2 and 3
Legal Category Definition Articled Clerk Solicitor - Level 1 Solicitor-- Level 2 Solicitor – Level 3
VPS Grade Alignment VPS Grade 2 VR1 VPS Grade 2 VR2
Value Range 1
VPS Grade 3 VR1
Value Range 2
VPS Grade 3 VR2
VPS Grade 4
contracts and agreements
Undertakes research to
support more experienced
staff in preparing legal
policy proposals
prepares legal advice
within a framework set by
others
Prepares routine public
communication guides on
legal issues
Examine and report on
complex legal instruments
and decisions
Drafts complex legal
agreements with some
precedent
Table 33.2: Legal Grade and Value Range Descriptors - Senior Solicitor and Principal Solicitor
Senior Solicitor Principal Solicitor
VPS Grade Alignment VPS Grade 5 VR 1 VPS Grade 5 VR 2 VPS Grade 6 VR1 VPS Grade 6 VR2
A senior legal officer with a substantial advisory, research and
development role in a specialist area of law or a senior legal
practitioner within a diverse legal environment
Independently manages complex or sensitive matters within the field of
expertise
Deals with significantly complex matters under limited direction
May be the Agency contact on a particular area of law.
May manage or supervise a small legal office/ unit or specialised team
May manage a small to medium legal office or area of major
specialisation.
Interprets the environment and makes decisions where there is limited
precedent and creatively applies concepts to new situations.
Roles at this level are expected to identify and respond to new and
emerging legal issues and deal with more complex or sensitive matters
within the field of expertise
Litigation Prepares, and instructs counsel in
complex and/ or sensitive matters
Represents the agency within
Negotiates and manages
complex or highly sensitive
cases and disputes
Works independently on highly
complex cases
May act as a solicitor advocate in
Provides leadership and guidance
based on advance expertise in an
area of specialisation or in a
broad range of legal matters to
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Schedule D – Legal Officer Adaptive Structure
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Table 33.2: Legal Grade and Value Range Descriptors - Senior Solicitor and Principal Solicitor
Senior Solicitor Principal Solicitor
VPS Grade Alignment VPS Grade 5 VR 1 VPS Grade 5 VR 2 VPS Grade 6 VR1 VPS Grade 6 VR2
Government and externally in the area
of specialisation
Appears in contested and indictable
matters in the Magistrates and County
courts
Co-ordinates complex criminal
prosecutions
Exercises judgement within
established parameters in negotiating
and developing proposals to settle
complex matters
Provides advice to team members in
developing /endorsing preferred
litigation options
Provides professional
leadership within the area of
specialisation/expertise
the County and Supreme Courts
on indictable matters which
cannot be heard summarily
Develops briefs and/or advice on
highly complex issues which
provide options for decision at the
highest level with the agency
Provides high level advice in an
area of specialisation
Develops strategies for
management of complex legal
proceedings
Manages key stakeholder interests
senior stakeholders
Advice Work Initiates research and analysis to
provide advice on complex or cross
discipline matters
Provides authoritative legal advice
within the area of specialisation
Provides specialist legal expertise and
advice to policy/practice development
Provides professional
leadership within the area of
specialisation
The level of immediate
supervision diminishes and
advice is provided in an
environment that is less
prescribed
Provides authoritative advice
internally and/ or to other
agencies on sensitive and/ or
complex legal issues
Provides authoritative written and
oral advice on complex and
challenging matters to
stakeholders
Prepares and manages strategies
for complex legal proceedings
Provides leadership and guidance
based on advanced legal expertise
Identifies and advises on new and
emerging issues in the law and
their longer term implications for
the state
Legislative Drafting Plans moderately complex and/ or
sensitive legislation and supporting
documentation
The level of immediate
supervision diminishes and
work is in an environment
Drafts complex and/or sensitive
legislation and settle associated
Parliamentary documentation
Provides professional leadership
within the area of expertise
Prepares and manages strategies
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Schedule D – Legal Officer Adaptive Structure
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Table 33.2: Legal Grade and Value Range Descriptors - Senior Solicitor and Principal Solicitor
Senior Solicitor Principal Solicitor
VPS Grade Alignment VPS Grade 5 VR 1 VPS Grade 5 VR 2 VPS Grade 6 VR1 VPS Grade 6 VR2
Drafts moderately complex and/ or
sensitive legislation
Provides advice on legislative
proposals within specified parameters
Prepares drafting instructions and
supporting documentation for
moderately complex and/ or sensitive
legislation
that is less prescribed Prepares and manages strategies
for complex matters including
significant legislative change
Manages and leads legislation
review projects
Provides authoritative advice on
legislative proposals
Analyses complex instructions to
prepare proposals that
incorporate stakeholder views
for resolving complex matters
including significant legislative
change
Legal Drafting Prepares proposals for changes to the
law and policy for consideration by
managers
Researches and prepares reports at an
advanced professional level
Prepares high-level written advice,
proposals and briefings within the
area of specialisation
Develops briefs on complex issues that
provide options for discussion and
consideration
Co-ordinates complex legal
projects
Works on legal drafting
projects where the level of
specification is less
prescribed
Develops briefs on complex issues
that provide definitive options
Prepares public communication
documents on
contentious/sensitive legal
matters
Formulate strategies to deal with
highly sensitive legal matters
Initiates legal research and
analysis within the area of
expertise
Develops proposals, conducts and
implements major legal reviews
Victorian Public Service Enterprise Agreement 2024
Schedule E – Allied Health Adaptive Structure
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Allied Health Adaptive Structure and Classification
and Value Range Descriptors
Allied Health Adaptive Structure
The Allied Health adaptive structure is set out in the table below. The salary minimums
referred to in this table are referenced against the VPS Structure set out in clause 1 of
Schedule C. The Speech Pathologists, Social Workers, Psychologists/Guidance Officers and
Related Professions (Allied health) Grade and Value Range Descriptors set out at clause 2 of
Schedule E apply.
Table 34: Allied Health Adaptive Structure
Allied Health
Adaptive Structure
VPS Grade Alignment
Allied Health 1
|Local Title
VPS salary point 2.1.1
Allied Health 2
Local Title
Value Range 1
VPS salary point 2.2.1.
Allied Health 2
Local Title
Value Range 2
VPS salary point 3.1.1
Allied Health 2
Local Title
Value Range 3
VPS salary point 3.2.1
Allied Health 3
Local Title
VPS salary point 4.1
Allied Health 4
Local Title
Value Range 1
VPS salary point 5.1.1
Allied Health 4
Local Title
Value Range 2
VPS salary point 5.2.1
VPS Grade 6 VPS Grade 6 applies
VPS Senior Technical Specialist VPS Senior Technical Specialist applies
Schedule E
1.
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Schedule E – Allied Health Adaptive Structure
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Speech Pathologists, Social Workers, Psychologists/Guidance Officers and Related Professions (Allied
Health) Grade and Value Range Descriptors
Note. Allied Health Descriptors are to be read in conjunction with the VPS Grade and Value Range Descriptors with which they align.
Table 35: Allied Health Descriptors
Table 35.1: Speech Pathologists, Social Workers, Psychologists/Guidance Officers and Related Professions (Allied Health) Grade and Value Range
Descriptors - Grades 1 and 2.
Local Title
Allied Health Grade 1
Local Title
Allied Health Grade 2
VPS Grade Alignment VPS Grade 2VR 1 VPS Grade 2 VR 2 VPS Grade 3VR 1 VPS Grade 3VR 2
Definition
The primary purpose of the job
is the actual practice of the
profession and such
management functions
associated with the profession
as are provided for in the
descriptors. The occupational
group requires a mandatory
qualification in the area of the
profession or equivalent and
registration with the
appropriate professional body
where required.
The category includes
psychologists, guidance officers,
speech pathologists, social
workers, welfare workers and
other clinicians including
Jobs at this level require a
mandatory qualification below
degree level
Provides client support within a
well defined service delivery
framework
Assesses client needs, develops
case plans and implements
appropriate action where
solutions are clearly defined
Applies theoretical principles to
case management under
general guidance and
supervision
Advises clients and initiates
intervention strategies in
routine cases
Liaises with clients, families,
Minimum entry level for
mandatory degree qualified
roles
Assesses client needs, develop
case plans and implements
appropriate action from a range
of accepted options
Identifies and develops
alternative options within
established parameters
Advises clients and initiates
intervention strategies
Works with other professionals
in dealing with complex cases
Recommends case management
strategies, including referrals
Monitors, evaluates and reports
Assesses client needs and
delivers a range of services in
complex situations within
generally defined parameters
Provides standard professional
services independently within
defined organisational
parameters
Manages complex cases under
professional guidance and
supervision
Exercises professional
judgement about the
application of rules, or the
selection of choices within
guidelines
Develops targeted
interventions through
Reviews client assessments and
associated service delivery
plans
Provides guidance for others in
the work area and/ or related
areas
Provides operational leadership
in terms of local issues and
strategy and contributes to
policy development within the
organisation
Influences management and
colleagues on operational
strategies
Prepares complex professional
reports requiring in-depth
factual analysis including
assessments and
2.
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Schedule E – Allied Health Adaptive Structure
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Table 35.1: Speech Pathologists, Social Workers, Psychologists/Guidance Officers and Related Professions (Allied Health) Grade and Value Range
Descriptors - Grades 1 and 2.
Local Title
Allied Health Grade 1
Local Title
Allied Health Grade 2
VPS Grade Alignment VPS Grade 2VR 1 VPS Grade 2 VR 2 VPS Grade 3VR 1 VPS Grade 3VR 2
occupational therapists,
physiotherapists and dieticians.
The Allied Health category
excludes professionals in other
occupational classification
categories.
caregivers and service
providers to address client
needs in routine cases
Provide information to clients
and families on available
services
Maintains client records and
case notes/history
Participates in development
and delivery of programs for
clients
on case plans
Facilitates programs for clients
either directly or in conjunction
with specialist professionals
Liaises with other staff and
external service providers
regarding the needs of the
client and their family
application of professional
guidelines
Explains professional concepts
and approaches to clients,
stakeholders, colleagues and
staff
Facilitates individual or group
programs for clients
Prepares reports and advice
within policy frameworks
Provides definitive advice in
respect of client needs in the
area of the profession
Conducts professional projects
of defined scope under
direction
Uses persuasion, advocacy,
negotiation and motivation
skills with clients, their families,
providers, staff, peers and
managers
recommendations for
consideration by others
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Schedule E – Allied Health Adaptive Structure
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Table 35.2: Speech Pathologists, Social Workers, Psychologists/Guidance Officers and Related Professions (Allied Health) Grade and Value Range
Descriptors - Grades 3 and 4.
Local Title
Allied Health Grade 3
Local Title
Allied Health Grade 4
VPS Grade Alignment VPS Grade 4 VPS Grade 5 VR1 VPS Grade 5 VR2
Undertakes advanced therapeutic
interventions, including cross agency
collaboration and education
Determines operational service delivery
plans based on professional and
industry standards
May manage a team of staff delivering
professional services, including resource
allocation
Makes decisions on service provision to
resolve complex problems
Autonomous in provision of professional
services in dealing with complex matters
within operational guidelines and
policies
Applies sound theoretical knowledge
and practical expertise in developing
service delivery options
Contributes to policy formulation on
service delivery
Provides professional guidance and
coaching for less qualified and/or
experienced staff
Specialist in an area of their profession
and relied on for advice in the field
Manages a defined service delivery
function or project/s
Undertakes advanced interventions in
dealing with particularly complex cases
that may require cross-profession or
agency collaboration
Makes decisions on complex
intervention strategies that may have
significant consequences for clients and
their families
Contributes to the development of
knowledge and innovation in a narrow
field of the profession
Provides leadership, training and
development for others in the
adaptation and application of
professional concepts
Provides specialist professional services
or advice, including leadership and
guidance to other specialists in the field
Manages the delivery of multi-
disciplinary service including increased
budget, staff responsibilities, or sensitive
or complex issues
Contributes to the development of
standards in the profession
Victorian Public Service Enterprise Agreement 2024
Schedule F – Science Adaptive Structure
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Science Adaptive Structure and Grade and Value
Range Descriptors
Science Adaptive Structure
The Science Adaptive Structure is set out in the table below. The salary minimums referred to
in this table are referenced against the VPS Structure set out in clause 1 of Schedule C. The
Science Grade and Value Range Descriptors set out at clause 2 of Schedule F apply.
Table 36: Science Adaptive Structure
Science Adaptive Structure VPS Grade Alignment
Science A
Local Title
Value Range 1
VPS salary point 2.2.1.
Science A
Local Title
Value Range 2
VPS salary point 3.1.1.
Science A
Local Title
Value Range 3
VPS salary point 3.2.1
Science B
Local Title
VPS salary point 4.1.1
Science C
Local Title
Value Range 1
VPS salary point 5.1.1
Science C
Local Title
Value Range 2
VPS salary point 5.2.1
Science D
Local Title
Value Range 1
VPS salary point 6.1.1
Science D
Local Title
Value Range 2
VPS salary point 6.2.1
VPS Senior Technical Specialist VPS Senior Technical Specialist applies
Schedule F
1.
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Schedule F – Science Adaptive Structure
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Science Grade and Value Range Descriptors
Note: The Science Grade and Value Range Descriptors are to be read in conjunction with the VPS Grade and Value Range Descriptors with which they align. The
Science Descriptors set out work value statements to detail the work value characteristics of the science profession that are not captured in the VPS general
descriptors. The first reference for job classification is the Science Grade and Value Range descriptors. Descriptors are not job descriptions, performance
standards, and progression or selection criteria. Descriptors are considered on the basis of best fit to classify a job with regard to its work value. Some descriptors
may apply and some descriptors may not apply for any given job. Job classification is based on a “whole of job” consideration, following comparison with the
Grade and Value Range Descriptors.
Table 37: Science Grade and Value Range Descriptors
Table 37.1: Science Grade and Value Range Descriptors - Science A and B
Science A
Local title where applicable
Science B
Local title where applicable
VPS Grade Alignment
Value Range 1
VPS Grade 2 VR2
Value Range 2
VPS Grade 3 VR1
Value Range 3
VPS Grade 3 VR2
VPS Grade 4
Grade Description
Science A VR1 is generally, an
entry level for science
graduates and the focus is on
applying broad theoretical
knowledge. The working
environment is well defined
and scientific work is
conducted under general
supervision.
Within VR2 and VR3, the working environment provides broad
guidelines and procedures in which the person is expected to
develop specialist skills whilst confidently adapting and applying
knowledge to their work.
Independent performance of
professional work at an
advanced level. Judgement and
innovation are demonstrated at
a level consistent with being an
established professional.
The position requires a science
based qualification and the
focus of the job is the creation,
development and/or
application of scientific
knowledge.
The context of a role will vary
Participates as a team member
on science projects
Communicates effectively with
team members.
Developing more detailed
practical knowledge within a
specific scientific discipline
Co-author, or independently
author, journal articles within
the field of expertise,
professional parameters and
responsibility
Presents posters (or similar) at
seminars/conferences within
Developing independent
scientific professional
judgement and skill within own
area of expertise
Has responsibility for delivering
and reporting on quality
research, extension or
Is a recognised specialist within
a specific scientific discipline
Exercises considerable amount
of independent scientific
professional judgement and
skill.
Has an established record of
2.
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Schedule F – Science Adaptive Structure
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Table 37.1: Science Grade and Value Range Descriptors - Science A and B
Science A
Local title where applicable
Science B
Local title where applicable
VPS Grade Alignment
Value Range 1
VPS Grade 2 VR2
Value Range 2
VPS Grade 3 VR1
Value Range 3
VPS Grade 3 VR2
VPS Grade 4
but may include:
• applied research for the
resolution of specific
problems;
• strategic (basic) research
which contributes to the
development of new
knowledge;
• undertaking scientific
research using computer
based analytical tools;
• testing, analysing and
reporting;
• undertaking investigations;
• advising and informing
stakeholders on scientific
matters;
• compliance related
activities;
• risk assessment and
management;
• development of science-
based policy; and
• assisting clients in the
May be required to partially
modify procedures
Assists in scoping projects and
reviewing literature
Under supervision, develops
schedules of scientific,
extension, enforcement and
technical activities required in
a project
May contribute data to
publications – where not
precluded by contractual
obligations.
Presents work at informal
seminars
Communicates (orally and in
writing) research and scientific
findings (appropriate
communication media are
determined by the nature of the
science role – e.g. written work
might encompass newspaper
articles or advisory work, or
contributing a paper for a
scientific journal)
the area of expertise
Where appropriate, prepares
sub-project submissions for
funding
May supervise a small project
team
May regularly interact with a
range of external or internal
clients to provide advice or
specialist information.
Investigates, accurately analyses
needs and priorities and
disseminates scientific
information using appropriate
knowledge transfer techniques,
including addressing farmers,
community groups and school
students.
Applies understanding of
professional ethics and the
scientific method in the
development, conduct and
interpretation of work
enforcement outputs
Adapts knowledge to novel
situations
Develops and maintains
collaborative research projects
with relevant organisations
Is becoming a recognised
specialist within a specific, but
limited, subject area.
May control a laboratory
function or field operation
where a variety of related
scientific functions are
performed
When planning and evaluating
science projects, gives
consideration to government
policy direction, market
segmentation, community
expectations and other relevant
parameters
Continuing to establish a
publication record where
appropriate to the role and
organisational requirements
Gives oral presentations on
publication, including journal
articles, conference papers and
reports
May be asked to referee
external scientific papers
Prepares and delivers
addresses and lectures to
stakeholder bodies, university
students and peer professionals
May prepare/present scientific
evidence for use in
prosecutions
May manage laboratories,
project teams or field
operatives
Formulates and supervises
experimental and professional
development programs for less
experienced colleagues
Provides coaching and
mentoring to junior colleagues
and students in developing
skills in experiments planning
and ethical standards
May supervise
Honours/Masters students or
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Schedule F – Science Adaptive Structure
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Table 37.1: Science Grade and Value Range Descriptors - Science A and B
Science A
Local title where applicable
Science B
Local title where applicable
VPS Grade Alignment
Value Range 1
VPS Grade 2 VR2
Value Range 2
VPS Grade 3 VR1
Value Range 3
VPS Grade 3 VR2
VPS Grade 4
adopting of new on-ground
practices, including
extension work which is
defined as on-going
dialogue with clients
dealing with science
concepts.
*Includes a Degree for new staff
and a relevant Diploma for
existing staff as at the operative
date.
** Defined as physical and life
sciences, or directly related
fields by agreement.
The Science structure excludes
Graduate Recruitment
programs and professionals in
other occupational categories
where a science qualification is
optional.
more complex matters at
seminars/conferences
co-supervise PhD students
Project methods and
experimental design requires
innovative approach
Develops consultation and
communication processes with
collaborators, customers and
the community
Note: The work of some scientists relates to commercially contracted work and there may be restrictions as to how and where publications can occur. All
references to publications in this document are qualified in this manner.
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Schedule F – Science Adaptive Structure
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Table 37.2: Science Grade and Value Range Descriptors - Science C and D
Science C
Local title where applicable
Science D
Local title where applicable
VPS Grade Alignment VPS Grade 5 VR 1 VPS Grade 5 VR 2 VPS Grade 6 VR1 VPS Grade 6 VR2
Grade Description
May be:
• A high-level specialist/researcher; or
• A manager of a scientific organisational unit (usually multi-
disciplinary) or
• scientific manager of large projects; and
Accepted by peers, stakeholders and managers as an authoritative
specialist.
There is a need to resolve major conceptual scientific, technical,
commercial or management problems that have significant
impact on the scientific field or the organisational unit. Is likely to
set new directions for the subject or program area, based on
community, national and/or international trends. May operate as
one of the agency or State’s leading experts in their field.
Has an in-depth knowledge
within a specialised area of
science, although is not
necessarily the most senior
authoritative adviser
Is developing a national
reputation amongst peers in the
same field of science.
Independently performs
scientific work at an advanced
level.
Provides high level professional
leadership
Actively mentors less
experienced staff and peers
within the area of expertise
Leads the development of new
areas of work
Modifies and applies scientific
precedents and concepts to
new situations that may have a
resultant impact in other areas
and /or results in a substantial
scientific redirection
Critically analyses and
synthesises scientific data,
resulting in knowledge
generation and
recommendations for changed
approaches that impact
beyond the immediate work
area. Makes a continuing
impact within their field of
expertise through the
discovery and communication
of new knowledge
May be invited to publish
review articles on scientific
Provides definitive written and
oral advice on complex and
challenging scientific matters
May be a member of the
editorial advisory board of
international or national
scientific journals
May be invited to international
conferences as expert speaker
Identifies emerging technical
and economic issues.
Critically analyses and
synthesises scientific data,
resulting in recommendations
that have broad implications
Plans, initiates and implements
research, extension or policy
responses in anticipation of
significant scientific, social
Initiates negotiation with
relevant stakeholders on
complex, sensitive or
contentious scientific matters
Develops scientific
solutions/techniques or
strategies that have significant
implications for the discipline
Participates at a senior level in
state, national or international
working parties and
committees
Influences policy development
through the targeted
communication of complex
scientific information
Is acknowledged by peers as a
national or international
scientific leader within the
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Schedule F – Science Adaptive Structure
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Table 37.2: Science Grade and Value Range Descriptors - Science C and D
Science C
Local title where applicable
Science D
Local title where applicable
VPS Grade Alignment VPS Grade 5 VR 1 VPS Grade 5 VR 2 VPS Grade 6 VR1 VPS Grade 6 VR2
Makes original contribution to
scientific knowledge
May have own review articles
published
May be invited to speak at
national conferences
May identify sources of funding
and funding opportunities from
external parties and leads efforts
to secure funding
Negotiates and collaborates with
stakeholders to advance
organisational aims.
Provides expert evidence in legal
matters
knowledge
Influences stakeholders
(internal and external).
Integrates scientific concepts
across disciplines
May be involved in the
commercialisation processes
to the extent of specialist
expertise; identification of
intellectual property;
providing advice on
implications and potential use;
promoting potential
applications and benefits to
commercial partners
Ensures project deliverables
are aligned with program
outcomes and government
policy
economic, policy or
environmental changes
Leads research into complex,
sensitive or contentious
scientific matters
Line manages a substantial
scientific and/or technical
multi-disciplinary
organisational unit; or is a
knowledge leader or expert
within that scientific discipline
May supervise or examine PhD
students
particular scientific discipline
Victorian Public Service Enterprise Agreement 2024
Schedule G – VPS Aligned and VPS Non-Aligned Adaptive Structures
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Adaptive Structures
VPS Aligned Adaptive Classification Structures
Consistent with clause 29.1 of the Agreement, where the nature and characteristics of the work meets
the definition of an occupational category as set out in the table below, the positions and Employees
will be classified in accordance with the work value descriptors of that category.
Table 38: VPS Aligned Adaptive Classification Structures
Occupational category Agreement Reference
Legal Officer Schedule D
Allied Health Schedule E
Science Schedule F
Custodial Officer Clause 7of Appendix 1
Community Corrections Practitioner Clause 10 of Appendix 1
Housing Services Officer Clause 30 of Appendix 4
Housing Customer Services Officer Clause 30 of Appendix 4
Court Registrar Clause 2 of Appendix 11
Sheriff’s Officer Clause 14 of Appendix 1
Fisheries Officer Clause 19 of Appendix 15
Police Custody Officer Clause 15 of Appendix 8
Non-VPS Aligned Adaptive Classification Structures
Where the nature and characteristics of the work meets the definition of an occupational category as
set out in the table below, the positions and Employees will be classified in accordance with the work
value descriptors of that category and paid in accordance with the relevant non-aligned structure.
Table 39: Non-VPS Aligned Adaptive Classification Structures
Occupational category Agreement Reference
Child Protection Practitioner – Children, Youth
and Families Stream
Clauses 20 and 21 of Appendix 4*
Child Protection Practitioner – Child
Protection Practitioner Stream
Clause 22 and 23 of Appendix 4*
Youth Justice Worker Clauses 19 and 20 of Appendix 1
Schedule G
1.
2.
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Schedule G – VPS Aligned and VPS Non-Aligned Adaptive Structures
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Occupational category Agreement Reference
Forensic Officer Clauses 8 and 9 of Appendix 8
Ministerial Transport Officer Clause 12 of Appendix 7
* Note: The classification structures and descriptors applying to employees of the Department of Justice and
Community Safety who are employed in either the Children, Youth and Families Stream or Child Protection
Practitioner Stream of the Child Protection Structure are the same as those detailed in the relevant provisions of
Appendix 4 (see clause 32 of Appendix 1).
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Section II
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Agency Specific Arrangements
Arrangements which apply to specific Agencies are at Appendix 1 to Appendix 16.
Section II - Agency Specific Arrangements
1.
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Appendix 1 – Department of Justice and Community Safety
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Mental Health and Wellbeing
The parties to this Agreement commit to working constructively and collaboratively with the
goal of eliminating:
(a) the presence of workplace triggers that may impact negatively on mental health and
operational stress injuries; and
(b) the stigma associated with issues relating to mental health and operational stress
injuries.
The parties agree that, during the life of the Agreement, they will work together to develop
and implement reasonable measures to support Employees’ mental health, wellbeing and
recovery, including following a ‘critical incident’ that occurs in the course of work and results
in personal distress.
In considering what measures may be taken, the parties may refer to practices in other
workplaces, including other jurisdictions.
The types of measures that may be considered by the parties include but are not limited to:
(a) an assessment of (and measures to address)
(i) the needs of Employees suffering from poor mental health or operational stress
(ii) how Employees suffering from poor mental health can be supported, including in
the disclosure to management of mental health issues or operational stress; and
(iii) barriers to Employees accessing support and assistance.
(b) proactive measures to support staff mental health
(c) general measures for all staff and measures specific to particular workplaces
(d) the manner and type of support that may be offered to Employees, including following
a ‘critical incident’, which may include roster flexibility
(e) the way debriefings will be conducted following a ‘critical incident’
Nothing in this clause is intended to override or replace the provisions in clause 81
(Occupational Health and Safety and Rehabilitation) of the Agreement.
Appendix 1 Department of Justice and Community Safety
Part 1 Corrections Victoria
1.
1.1
1.2
1.3
1.4
1.5
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Work or Conditions Allowances
Dog Handlers Allowance
Where an Employee is required to exercise, groom and maintain a dog outside of the normal
hours of duty, the Employee will be paid the commuted overtime allowance applicable to the
Employee’s classification as prescribed in the following table:
Table 40: Dog Handlers Allowance
Classification Allowance
Operations Manager
10.5% of the maximum annual salary for the
classification of “Senior Prison Officer”.
Supervisor
(COG Band 3)
10.5% of the maximum annual salary for the
classification of “Senior Prison Officer”.
Senior Prison Officer
(COG Band 2B)
10.5% of annual salary of the Employee.
Prison Officer
(COG Band 2A)
10.5% of annual salary of the Employee.
Emergency Response Group
Where an Employee performs additional skills required by members of the Emergency
Response Group, they will be paid an annual allowance (paid on a fortnightly basis) in
accordance with the following schedule in recognition of the additional skills required.
Table 41: Emergency Response Group
Date of effect Amount per annum
1 May 2024 $1,243.10
1 May 2025 $1,280.60
1 May 2026 $1,319.00
1 May 2027 $1,358.55
Operations Manager and General Manager Stand-by/Duty Officer Allowance
Full-time Employees employed in the position of Operations Manager or Prison General
Manager who are required by the Employer to be on stand-by or to act as a weekend duty
officer outside of their ordinary hours of work will be paid an allowance. This allowance is
calculated at 10 per cent of base salary provided that the rate of payment for the allowance
will be calculated on the Employee’s base salary or the highest point in the COG 4 value range,
whichever is the lower.
2.
2.1
2.2
2.3
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Prison Locksmith Supervisor Allowance
Where an Employee holds the position of full-time Prison Locksmith Supervisor, the
Employee will be paid an allowance of 10 per cent of their base salary. A part-time Employee
is entitled to a pro-rata amount based on the part-time Employee’s hours of work. The
allowance will be paid in equal fortnightly instalments and is in lieu of any entitlement the
Employee would otherwise have under clause 39.5 (Stand-by/Recall Allowance), Section I
of this Agreement.
Shift Payments 12 hour day shifts Monday to Friday
Employees who hold the position of Custodial Officer, who are required by the Employer to
work 12 hour day shifts between Monday and Friday, will be paid a shift allowance of 15 per
cent of their base salary for four hours for each such shift worked.
Allowance for Delivery of Training by COG 2A staff
Custodial Officers engaged at the COG 2A level who are required to deliver staff training
sessions will be paid an allowance in accordance with the following schedule for each such
day on which they deliver such training.
Table 42: Allowance for delivery of training by COG2A staff
Date of effect Amount per day
1 May 2024 $27.75
1 May 2025 $28.60
1 May 2026 $29.45
1 May 2027 $30.35
Documentary evidence requirements for Personal Leave – Custodial Officers
Full-time Custodial Officers, working an 80 hour fortnight (of 9 shifts or less over the
fortnight) may take up to an aggregate of 44 hours in each year without having to provide the
Employer with the documentary evidence required by clause 56.9 (Personal Leave), Section
I of this Agreement.
Security and Emergency Services Group
(a) Allowance
Security and Emergency Services Group (SESG) staff will be paid a fortnightly allowance
calculated at 7.5% of the Employee’s base salary in recognition of all disturbance
factors, additional complexity of role and continuing flexibility in performance and
assignment of duties.
(b) Supervisors intermittent overtime allowance (non-canine handlers)
SESG supervisors will be paid a fortnightly allowance calculated at 10% of the
Employee’s base salary in recognition of the additional duties performed by these staff.
(c) Roster flexibility following incidents
2.4
2.5
2.6
2.7
2.8
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(i) Management will facilitate suitable opportunities for staff to recuperate following
major incidents. For the avoidance of doubt, this may entail release of staff
(without loss of pay) from rostered shifts following a major incident where such
is necessary to enable the recovery of staff.
(ii) The intent of clause 2.8(c) is to encourage open conversation between staff and
management on how staff are coping and to acknowledge a need for a break from
work wherever practical and necessary. Discussions on the welfare of staff may
be initiated by the officer, their peers and/or management.
(d) Overtime in prisons
SESG staff are permitted to work overtime in prisons on days off only where that does
not disadvantage prison staff or constitute a risk in relation to fatigue.
(e) Mobile phones
Operational SESG staff will be provided with devices with email functionality.
(f) Single day higher duties – Team Leader/Supervisor Level
Operational SESG staff at the COG 2B level, required to perform Team Leader roles at
the Supervisor level will be eligible to receive payment of higher duties for single days
acting at the higher level.
Wulgunggo Ngalu Learning Place
Definitions
“WNLP Employees” means Employees employed at the Wulgunggo Ngalu Learning Place.
Overnight Support Role
(a) WNLP Employees are part of a team providing full-time support at the Wulgunggo
Ngalu Learning Place.
(b) WNLP Employees work a seven day roster.
(c) A WNLP Employee is required to sleep overnight on the Wulgunggo Ngalu Learning
Place premises each evening (Overnight Support Function).
(d) All WNLP Employees will participate in the roster and will be available to perform the
Overnight Support Function.
(e) The Overnight Support Function will be flexibly allocated amongst WNLP Employees,
in consultation with them.
(f) It is anticipated the WNLP Employees will not be required to perform the Overnight
Support Function more than 7 times per month.
Position Classifications
Positions in the WLNP structure will be classified in accordance with the following schedule.
3.
3.1
3.2
3.3
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Table 43: Position Classifications - WLNP
WNLP Position Title Classification
Koori Support Officer VPS Grade 3
Supervisor/Program Manager VPS Grade 5
Manager VPS Grade 6
Living Costs When Residing at The Property
Any living costs associated with the performance by a WNLP Employee of the Overnight
Support Function, will be met by the Employer.
Overnight Support Function Allowance
An Overnight Support Function Allowance in accordance with the following schedule will be
paid to a WNLP Employee when the WNLP Employee performs the Overnight Support
Function. The Overnight Support Function Allowance will be calculated on the basis of the
WNLP Employee’s ordinary daily rate of pay.
Table 44: Overnight Support Function Allowance
Period Rate
Monday to Friday 50% of daily rate of pay
Saturday
50% of daily rate of pay, including
applicable penalty rate
Sunday/Public Holiday
50% of daily rate of pay, including
applicable penalty rate
Recall to Work
Where a WNLP Employee performing the Overnight Support Function is required to perform
duties overtime rates in accordance with clause 46 of Section I of this Agreement will apply,
except that the minimum payment period will be 1 hour for each hour or part thereof worked.
Rest Period After Working During the Night
Clause 45.1 of Section I of this Agreement will apply to WNLP Employees in relation to rest
periods after the performance of duties whilst performing the Overnight Support Function.
Annual and Substituted Leave
(a) Clause 43.4 of Section I of this Agreement will apply to WNLP Employees in relation
to substituted leave.
(b) Clause 50.4 and 50.5 of Section I of this Agreement will apply to WNLP Employees in
relation to additional annual leave.
3.4
3.5
3.6
3.7
3.8
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Custodial Officers – Hours of Work and Rosters
Hours of Work
(a) For the purposes of this clause, a “fortnight” means a calendar fortnight of a period of
14 days, commencing on the Sunday and ending on the Saturday 14 days later.
(b) Subject to clause 4.1(c) of this Appendix below, full-time Custodial Officers may be
rostered to work up to 80 ordinary hours over a fortnight in accordance with clause
43.1(b) of Section I of this Agreement.
(c) Custodial Officers who, at the time of approval of this Agreement, are normally rostered
to work 76 ordinary hours over 9 days per fortnight will be entitled to retain this
rostering arrangement. At any time, such Employees may elect to transfer to be rostered
to work 80 ordinary hours per fortnight and, in such circumstances, will receive a salary
increase of 5.26% (being payment for the additional four hours per fortnight worked).
(d) The ordinary hours of work for a part-time Custodial Officer will be as agreed with the
Officer and less than 80 hours per fortnight.
(e) The ordinary hours of work for a casual Custodial Officer will be as agreed with the
Officer and up to a maximum of 80 hours per fortnight.
(f) The Employer must display a roster for Custodial Officer Shift Workers in a convenient
area at least fourteen days prior to the effective date.
Alteration to roster arrangements
(a) The Employer may, following consultation with the CPSU and affected Custodial Officer
Shift Workers introduce changes to the Shift Work Roster, clause 12, Section I of this
Agreement also applies to any proposed changes to the shift roster.
(b) Any change made under clause 12, Section I of this Agreement will be implemented by
a Local Prison Roster Committee, comprising representatives of the CPSU and
Management. Changes to the roster will take into consideration both the operational
requirements of the Employer and the personal requirements of the affected Custodial
Officer Shift Worker(s) to ensure that such changes are implemented in a smooth and
harmonious manner.
(c) Where the Employer proposes to alter the character of the Shift Work roster, (such as
an alteration to the number of days worked in a fortnight or an alternation to the
number of ordinary hours worked in a day), the Employer must:
(i) provide affected employees with written notice of the proposed changes.
(ii) Written notice must be provided at least 14 days prior to implementing the
changes.
(iii) Employees may provide any objections or further information about the impact
of the proposed changes to the Employer during this period.
(d) The Employer may change the roster without written notice, if the Employer is of the
reasonable opinion that an emergency exists.
(e) Any proposed changes must be trialled for a minimum period of 3 months.
4.
4.1
4.2
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(f) Parties will agree on the terms of reference for the trial. Terms of reference must
include an assessment of occupational health and safety, fatigue, family impact, work
life balance and the financial impact on employees.
(g) Clause 12.10, Section I of this Agreement applies to requests by Custodial Officers for
changes to rostered times.
Flexible working arrangements
The Employer has a genuine commitment to supporting and promoting flexible working
arrangements within Corrections Victoria in a way that balances both individual flexibility
and operational requirements.
Flexible working arrangements refer to adjustments to an Employee’s usual working
arrangements, including but not limited to hours of work, days of work or location of work,
which will help them to manage their personal circumstances subject to reasonable business
needs.
A request for flexible working arrangements will be considered with the goal of reaching an
outcome in which an individual’s needs for flexibility are accommodated where possible,
consistent with business requirements, industrial obligations and legislative requirements. In
the first instance these discussions should generally occur between the Employee and the
relevant Manager, who will keep the discussions confidential insofar as is reasonably
practicable. If the Employee requires a high degree of confidentiality in relation to the request
due to their specific circumstances, the Employee must alert the Manager to this and the
Manager must make all reasonable endeavours to accommodate that confidentiality.
Consideration of any request for flexible working arrangements should include:
(a) the Employee’s circumstances
(b) the consequences for the Employee of approving or not approving the arrangement
(c) how the need for flexibility can be accommodated without disproportionately
impacting operational requirements.
Any request for flexible working arrangements will be considered after appropriate weighing
of individual and business needs and full consideration of all the circumstances no later than
21 days after the request is made. If the relevant Manager refuses a request for flexible
working arrangements, they must provide the Employee with written reasons for the refusal,
which should include the factors the Manager considered in arriving at their decision.
Without limiting any rights or obligations in this Agreement, if an Employee believes that their
application for flexible working arrangements has been unreasonably refused on the basis of
the written reasons for the refusal as set out by the relevant Manager, the Employee can apply
to have the decision reviewed by an Assistant Commissioner or another person from
Corrections Victoria with delegated authority to review such decisions.
For the avoidance of doubt, this clause is intended to supplement, and not replace or override,
existing rights and obligations in relation to flexible working arrangements.
5.
5.1
5.2
5.3
5.4
5.5
5.6
5.7
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Workplace Consultative Arrangements
The parties to this Agreement acknowledge that the Department of Justice and Community
Safety has the ultimate responsibility to make decisions relating to the direction and
operation of its custodial locations (which includes prisons and the Security and Emergency
Services Group (SESG)) and each general manager may make local decisions affecting prison
and SESG staff that are reasonable in all the circumstances, it is accepted that the best
outcomes will be achieved if a culture of communication and consultation is encouraged.
Each location (which includes the SESG as one location) will have a consultative body
established for the purposes of:
(a) ongoing consultation regarding Relevant Issues
(b) ongoing monitoring and assessment of the implementation of this Agreement; and
(c) to deal with any local disputes that may arise, without limiting or overriding any rights
or obligations under clause 13 Resolution of Disputes (or a successor clause).
In this clause, ‘Relevant Issues’ means issues of concern pertaining to the employment
relationship, employment issues (including changes that may affect staff working conditions,
such as work practices) and the implementation of this Agreement.
It is intended that the consultative body established under this clause will be a forum for the
constructive resolution of issues that may arise. Both parties are committed to working
through issues with a genuine goal of reaching mutually acceptable outcomes.
The parties to this Agreement have agreed in principle to adopt the Corrections Victoria
Consultative Guidelines as exchanged at the time this Agreement was made. The parties shall
formally adopt the Corrections Victoria Consultative Guidelines with any minor amendments
as agreed between them within three months of approval of this Agreement. For the
avoidance of doubt, the Corrections Victoria Consultative Guidelines will not form part of this
Agreement.
Custodial Officer Structure – VPS Aligned Adaptive Structure
The Custodial Officers (COG) structure provides the following:
(a) Alignment with VPS salary and progression steps/amounts;
(b) Maintenance of a rank structure;
(c) Custodial Officer work value descriptors;
(d) Continuation of the pay differential between 76 hours and 80 hours per fortnight
rosters; and
(e) An annual allowance for members of the Emergency Response Group;
As from the date of operation of this Agreement:
6.
6.1
6.2
6.3
6.4
6.5
Part 2 Custodial Officers
7.
7.1
7.2
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(a) Employees who hold the position of Custodial Officer at the COG 2A level, and who are
at salary points below VPS salary point 2.1.4, shall progress to VPS salary point 2.1.4 if
they hold a Certificate III in Correctional Practice, and Employees who subsequently
obtain the Certificate III in Correctional Practice shall progress to 2.1.4 from the date of
attainment.
(b) Employees who hold the position of Custodial Officer at the COG 2A level, and who are
at salary points between VPS salary point 2.1.4 and up to VPS salary point 2.2.7, and
who have not received progression in recognition of attainment of the Certificate III in
Correctional Practice, shall progress one progression step (if available) if they hold a
Certificate III in Correctional Practice. Employees who are at salary points between VPS
salary point 2.1.4 and up to VPS salary point 2.2.7, who subsequently obtain the
Certificate III in Correctional Practice, shall progress one progression step (if available)
from the date of attainment.
(c) Employees who hold the position of Custodial Officer at the COG 2B level, shall progress
one progression step (if available) if they hold a Certificate IV in Correctional Practice
and Employees who subsequently obtain the Certificate IV in Correctional Practice shall
progress one progression step (if available) from the date of attainment.
(d) Such progression will be in addition to the usual operation of the progression system.
The Custodial Officers Structure is set out in Table 45 below. The salaries referred to in this
table are referenced against the VPS Structure set out in clause 1 of Schedule C (salaries
relate to 76 hour fortnight). The Custodial Officers Classification Descriptors set out at clause
9 of this Appendix apply.
Table 45: Custodial Officers Structure
Custodial Officers (COG)
Structure
VPS Grade Alignment
(Note: salary rates relate to 76 hour fortnight)
COG 1
Trainee
VPS salary point 1.1.4.
COG 2A
Prison Officer
VPS salary point 2.1.1. to VPS salary point 2.2.7
COG 2B
Senior Prison
Officer/Industry Officer
VPS salary point 3.1.1 to VPS salary point 3.2.2
COG 3
Prison Supervisor/Industry
Supervisor
VPS salary point 3.2.3 to VPS salary point 4.1.2
COG 4
Operations
Manager/Industry Manager
VPS salary point 4.1.3 to top of VPS 5 Value Range 1
COG 5
General Manager
VPS salary point 5.2.1 to top of VPS 6 Value Range 1
7.3
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Custodial Officers (COG)
Structure
VPS Grade Alignment
(Note: salary rates relate to 76 hour fortnight)
COG 6
Senior General Manager
VPS salary point 6.2.1 to top of VPS 6 Value Range 2
COG 7
Senior General Manager –
Major Prison Facilities
7.1 – VPS salary point 7.1 to the top of Value Range 1
7.2 – VPS salary point 7.2 to the top of Value Range 2
7.3 – VPS salary point 7.3 to the top of Value Range 3
Custodial Officer Classification Structure Review
Corrections Victoria will commence a review into the COG classification structure during the
life of this Agreement.
Custodial Officer Structure – 80 hour fortnight
Table 46: Custodial Officer Structure (80 hour fortnight)
Classification Grade Paypoint 1 May 2024 1 May 2025 1 May 2026 1 May 2027
Trainee COG-1 C1-E01 $59,695 $61,486 $63,331 $65,231
Prison Officer COG2A
C2aE01 $61,620 $63,469 $65,373 $67,334
C2aE02 $62,869 $64,755 $66,698 $68,699
C2aE03 $64,122 $66,046 $68,027 $70,068
C2aE04 $65,374 $67,335 $69,355 $71,436
C2aE05 $66,620 $68,619 $70,678 $72,798
C2aE06 $67,874 $69,910 $72,007 $74,167
C2aE07 $69,125 $71,199 $73,335 $75,535
C2aE08 $70,378 $72,489 $74,664 $76,904
C2aE09 $71,622 $73,771 $75,984 $78,264
C2aE10 $72,877 $75,063 $77,315 $79,634
C2aE11 $74,127 $76,351 $78,642 $81,001
C2aE12 $75,380 $77,641 $79,970 $82,369
C2aE13 $76,628 $78,927 $81,295 $83,734
C2aE14 $77,882 $80,218 $82,625 $85,104
C2aE15 $79,131 $81,505 $83,950 $86,469
Senior Prison
Officer / Industry
Officer
COG2B
C2bE01 $80,862 $83,288 $85,787 $88,361
C2bE02 $82,597 $85,075 $87,627 $90,256
C2bE03 $84,328 $86,858 $89,464 $92,148
C2bE04 $86,061 $88,643 $91,302 $94,041
C2bE05 $87,789 $90,423 $93,136 $95,930
C2bE06 $89,526 $92,212 $94,978 $97,827
7.4
8.
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Classification Grade Paypoint 1 May 2024 1 May 2025 1 May 2026 1 May 2027
C2bE07 $91,253 $93,991 $96,811 $99,715
C2bE08 $92,988 $95,778 $98,651 $101,611
Prison Supervisor
/ Industry
Supervisor
COG 3
C3-E01 $94,721 $97,563 $100,490 $103,505
C3-E02 $96,449 $99,342 $102,322 $105,392
C3-E03 $98,184 $101,130 $104,164 $107,289
C3-E04 $100,108 $103,111 $106,204 $109,390
C3-E05 $102,356 $105,427 $108,590 $111,848
Operations
Manager /
Industry Manager
COG 4
C4-E01 $104,599 $107,737 $110,969 $114,298
C4-E02 $106,842 $110,047 $113,348 $116,748
C4-E03 $109,093 $112,366 $115,737 $119,209
C4-E04 $111,337 $114,677 $118,117 $121,661
C4-E05 $113,583 $116,990 $120,500 $124,115
C4-EU $115,506 $118,971 $122,540 $126,216
C4-EU - Max $127,628 $131,457 $135,401 $139,463
Progression
Amount
$3,289 $3,388 $3,490 $3,595
General Manger GOG 5
C5-EL $127,630 $131,459 $135,403 $139,465
C5-EL - Max $139,753 $143,946 $148,264 $152,712
Progression
Amount
$3,289 $3,388 $3,490 $3,595
C5-EU $141,680 $145,930 $150,308 $154,817
C5-EU - Max $165,637 $170,606 $175,724 $180,996
Progression
Amount
$4,153 $4,278 $4,406 $4,538
Senior General
Manager
COG 6
C6-E $165,638 $170,607 $175,725 $180,997
C6-E - Max $189,593 $195,281 $201,139 $207,173
Progression
Amount
$4,153 $4,278 $4,406 $4,538
Senior General
Manager – Major
Prison Facilities
COG 7
C7-EL $192,434 $198,207 $204,153 $210,278
C7-EL - Max $215,526 $221,992 $228,652 $235,512
C7-EM $215,531 $221,997 $228,657 $235,517
C7-EM - Max $238,623 $245,782 $253,155 $260,750
C7-EU $238,623 $245,782 $253,155 $260,750
C7-EU - Max $261,715 $269,566 $277,653 $285,983
Progression
Amount
$6,823 $7,028 $7,239 $7,456
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Custodial Officer Classification Descriptors
Table 47: Custodial Officer Classification Descriptors
Table 47.1: Custodial Officer Classification Descriptors - Trainee Prison Officer; Prison
Officer; Senior Prison Officer/Industry Officer; and Prison Supervisor/Industry Supervisor
Trainee Prison
Officer
Prison Officer
COG 2A
Senior Prison Officer
Industry Officer
COG 2B
Prison Supervisor
Industry Supervisor
COG 3
Relates only to Prison
Officer recruit
training, typically a
course of around 7
weeks conducted off-
site with a two-week
on-the-job training
component.
The purpose of the
recruit training is to
provide an
understanding of the
prison environment
and equip staff with
the basic skills and
knowledge to enable
them to work
effectively in a prison
environment.
A COG 1 Prison
Officer:
1. In the prison
environment
always works
under close
supervision,
either
individually or in
a team.
2. Undertakes
specific and
defined tasks
within established
rules under close
supervision.
3. Works under
clear and detailed
instructions; tasks
are covered by
standard
procedures.
4. Is aware that
deviation from
procedures or
unfamiliar
A COG 2A Prison Officer
1. Provides standard
services under
general supervision
and within a defined
service delivery
framework (e.g.
Director's
Instructions, Local
Operating
Procedures).
2. Maintains security in
accordance with
established
procedures and
controls offender
movement through
surveillance and the
operation of security
equipment.
3. Manages prisoners,
within defined
procedures, in such a
way as to maintain
security and good
order, achieve co-
operation, and
promote
rehabilitation.
4. Monitors current
service delivery
methods and
identifies and
recommends
improvements to
ensure that higher
quality service is
achieved.
5. Provides
information and
explains rules,
procedures and
operational policies
to individual
prisoners and, where
A COG 2B Officer
additionally:
1. Typically supervises a
team or delivers a
service within the
prison for which
specialist skills or
training - including
trade or industry
skills - are required.
2. Supervises, coaches
and trains less
experienced staff.
3. Provides direction
and feedback to staff
who report to them.
4. Manages more
complex offenders,
developing case plans
and working closely
with relevant
agencies to achieve
case planning goals.
5. Initiates
improvements to
service delivery
within their area of
responsibility
consistent with local
or organisational
guidelines.
6. Conducts basic
analysis of statistical
information relevant
to role.
7. Implements and
maintains procedures
and systems relevant
to area of
responsibility.
8. Monitors quality of
service delivery and
ensures that events /
processing occurs in a
A COG 3 Officer
additionally:
1. Manages a Unit /
specialist function
with a level of
accountability for its
physical, financial and
human resources.
2. May be required to be
the officer-in-charge
of a prison.
3. Manages the
performance of staff
members in their
work area, including
identifying training
and development
needs and ensuring
standards of
professionalism.
4. Resolves complex and
challenging problems.
5. Is responsible for
maintaining security
and control, offender
movement, discipline
and welfare within
work area.
6. Chairs selected prison
committees.
7. Performs disciplinary
duties in relation to
prisoners.
8. Oversees and
undertakes
supervisory
responsibilities in the
case management of
offenders.
9. Contributes to the
development and
implementation of a
range of offender
9.
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Table 47.1: Custodial Officer Classification Descriptors - Trainee Prison Officer; Prison
Officer; Senior Prison Officer/Industry Officer; and Prison Supervisor/Industry Supervisor
Trainee Prison
Officer
Prison Officer
COG 2A
Senior Prison Officer
Industry Officer
COG 2B
Prison Supervisor
Industry Supervisor
COG 3
situations is to be
referred to higher
ranks.
5. Performs work
that is regularly
checked.
6. Maintains existing
systems and
processes.
7. Provides and
receives routine
information.
8. Has a focus on
learning,
developing and
refining work
skills.
9. Requires
knowledge of
equipment and
tools to perform
routine tasks,
experiments and
procedures, and
develops practical
application of
these skills.
appropriate, to
colleagues.
6. Resolves conflicts,
issues and problems
within guidelines
and procedures.
7. Administers
emergency first aid
where required.
8. In accordance with
operating
procedures,
interviews, assesses
and supervises
prisoners and
administers routine
questionnaires and
tests to prisoners.
9. Under general
supervision,
develops individual
case plans and
monitors prisoners'
progress against
those plans,
motivating prisoners
to engage in
activities intended to
reduce the risk of re-
offending.
10. Facilitates the
attendance of
prisoners at
scheduled activities
and programs.
11. Ensures
maintenance and
correct usage of
equipment.
12. Provides advice on
operational issues to
senior staff.
13. Applies rules,
processes and
standards under
general supervision.
14. Within operational
timely and efficient
manner.
9. If employed in an
Industry, provides
training and
instruction to
offenders in a specific
industry.
10. Exercises professional
judgement about the
application of rules, or
the selection of
choices within
guidelines.
11. Resolves local
operational service
delivery problems
within guidelines.
12. Reviews decisions,
assessments and
recommendations
from less experienced
team members.
13. Determines the work
organisation of the
work area.
14. Provides analysis and
advice to contribute
to decision-making by
others.
15. Within guidelines,
may manage budget
and resources for the
work area.
16. Leads a team through
activities including
individual and team
performance
management and
development.
17. Explains concepts and
policies to prisoners,
stakeholders and
staff.
18. Plans, leads and
facilitates information
sessions and
activities.
10. Develops,
implements, and
evaluates new local
operational
procedures for unit /
program.
11. Develops plans for
activities for unit.
12. Undertakes low-level,
specified research,
consultation and
liaison to gather
information, statistics
and views on
identified issues and
provides basic
analysis of those
issues to senior staff.
13. Undertakes tasks of a
specialist
(professional and/or
technical) or detailed
nature, and exercises
specific process
responsibilities
including devising
and reviewing
procedures and
systems.
14. If employed in
industries, manages
multi-discipline trade
groups including
subordinate
supervisors.
15. Manages services
within a Program.
16. Manages a portfolio of
cases including
higher-risk, more
complex cases.
17. Provides first contact
point for external
agencies and others
in relation to
Unit/Program.
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Table 47.1: Custodial Officer Classification Descriptors - Trainee Prison Officer; Prison
Officer; Senior Prison Officer/Industry Officer; and Prison Supervisor/Industry Supervisor
Trainee Prison
Officer
Prison Officer
COG 2A
Senior Prison Officer
Industry Officer
COG 2B
Prison Supervisor
Industry Supervisor
COG 3
constraints, may
plan and prioritise
own work program
to achieve defined
targets.
15. Is required to use
judgement to solve
problems arising in
own work program.
16. Presents routine
information to small
groups and provides
feedback to
organisation.
17. Drafts routine
internal reports and
correspondence.
18. Liaises with
stakeholders,
prisoners and
external providers of
goods and services.
19. Understands
procedures for
effectively dealing
with people
exhibiting
challenging
behaviours.
20. Understands and
applies basic
theoretical
principles, under
supervision, to
achieve defined
outcomes.
21. Develops knowledge
of established
techniques and
organisational
processes.
22. Uses software and
technical equipment
proficiently
consultative
processes in a range
of settings.
19. Provide formal
briefings for senior
staff on significant
issues.
20. Communicates issues
and advocates a
preferred case or
option to
stakeholders.
21. May be required to
provide professional /
technical advice
consistent with role.
22. Uses theoretical
knowledge to achieve
agreed outcomes in
moderately complex
work situations.
23. Is authoritative in the
application of
processes and policy
relevant to the work
unit.
24. In smaller prisons,
may be required to
act as officer-in-
charge of the prison
on night shifts.
18. Sets local precedents
regarding the
application of
guidelines.
19. Provides guidance for
others in the work
area and/ or related
areas.
20. Assesses and
responds to policy
and process changes
in the work area.
21. Identifies and applies
developments within
professional field to
problem solving
within the work area.
22. Plans, leads and
facilitates
consultative
processes in a range
of settings involving
more difficult or
sensitive issues.
23. Prepares complex
operational reports
requiring in-depth
factual analysis.
24. Adapts theoretical
knowledge based on
practical experience
and/or
understanding of
current issues in the
field.
25. Applies
understanding of
interrelationships
between stakeholders
and/or other work
units to achieve local
objectives
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Table 47.2: Custodial Officer Classification Descriptors - Operations Manager/Industry
Manager; General Manager; and Senior General Manager
Operations Manager
Industry Manager
COG 4
General Manager
COG 5
Senior General
Manager
A COG 4 Officer
additionally:
1. Manages the
operations of a small
location, a work unit
or activity within a
Branch or broader
program - including
responsibility for all
aspects of human and
financial resource
management, security,
and good order.
2. Coordinates the
planning,
development and
implementation of a
specialist service.
3. Undertakes research,
investigation and
analysis of complex
issues.
4. Provides sound advice
and briefings, options
and recommendations
to the higher levels of
the organisation.
5. Contributes to policy
development.
6. Identifies emerging
issues and trends and
takes action to
address them.
7. Develops and
implements strategies
to resolve complex
problems.
8. Contributes to the
development of
business plans and
strategies for the
Branch.
9. Represents the
department in
negotiations on local
matters.
10. Develops and
manages a viable
industry Program
within a prison.
A COG 5 Officer in a
salary bandwidth of
COG 5 base salary to the
equivalent salary of the
top of VPS Grade 5 Value
Range 2 work value
descriptors.
1. Manages change
processes.
2. Manages cross-
functional delivery
of a defined service
with increased
budget, staff
responsibilities, or
sensitive or
complex issues.
3. Provides specialist
professional
services or advice,
including leadership
and guidance to
others.
4. Development and
implement and
management of
major departmental
programs and
projects.
5. Providing
authoritative and
strategic advice to
Executive
Management.
6. Resolves complex
and sensitive issues
and problems with
wide impact
involving a number
of stakeholders.
7. Develops and
implements
integrated
solutions.
8. Identifies risks and
recommends risk
management
strategies.
9. Makes decisions
that may set
precedents for
peers.
A COG5 Officer salary
equivalent salary of VPS
Grade 6 Value Range 1
base to the top of Grade
6 Value Range 1
additional work value
descriptors.
1. Manages a large-
scale organisational
service or regional
delivery function.
2. Develops service
delivery models
within business
plans and
objectives.
3. Develops medium
to longer term
plans and strategies
which are
consistent with
business plans,
planning and
prioritising work
programs and
allocating
appropriate
resources to ensure
its satisfactory
completion.
4. Is responsible for
operational policy
or service
development
impacting on a
major functional
area.
5. Routinely advises
senior stakeholders
on policy issues
and solutions
within a functional
area.
6. Evaluates and
manages risk and
ensures quality and
probity in project
proposals.
7. Develops policy
frameworks within
area of expertise or
responsibility
COG6: Senior General
Manager additionally:
1. Is responsible and
accountable for all
aspects of major
prison / region or
major or state-wide
strategic function.
2. Provides
authoritative, expert,
professional,
technical and
strategic advice to
Executive
Management and the
Minister on complex
and/or state-wide
issues, policies,
procedures,
guidelines and
standards.
3. Resolves complex
and sensitive
issues/problems
which have
significant
organisational
impact.
4. Conceptualises,
negotiates and
manages complex
projects and service
improvement
initiatives.
5. Represents the
organisation in local,
national and
international
forums.
6. Introduces and leads
change processes.
7. Develops policies,
programs and
initiatives that
impact on programs
or major functional
areas.
8. Is required to
interpret general
policy framework to
make decisions in
the absence of
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Table 47.2: Custodial Officer Classification Descriptors - Operations Manager/Industry
Manager; General Manager; and Senior General Manager
Operations Manager
Industry Manager
COG 4
General Manager
COG 5
Senior General
Manager
11. Integrates activities
across all units within
the prison.
12. Develops policies and
procedures on
operational areas
across the prison.
13. Develops professional
guidelines within the
work area.
14. Resolves complex
operational service
delivery issues
consistent with
program objectives.
15. Interprets and applies
business plans and
policies to own area of
responsibility,
including putting
strategies in place to
ensure that local plan
targets are achieved.
16. Is expected to
introduce innovation
within work area.
17. Defines the
appropriate
methodology in the
analysis of policy or
research options.
18. Conveys specialist
concepts and policies
to prisoners, staff and
stakeholders.
19. Prepares reports,
briefs and
correspondence on
complex issues that
impact at program or
organisational level.
20. Develops and
implements
operational
communication and
consultation strategies
on specific projects.
21. Researches and
applies advanced
theoretical knowledge
in a specialised field to
10. Develops business
plans to deliver on
evolving
organisational
priorities.
11. Provides solutions
and thinking to
advance
organisational
innovation or
occupational /
professional
knowledge.
12. Creatively develops
options in a
changing
organisational
environment.
13. Relies on formal
and informal
communication
channels to achieve
goals and engages
stakeholders to help
them identify areas
and opportunities
for improvement.
14. Initiates and
maintains effective
relationships with
internal and
external
stakeholders at peer
or senior levels.
15. Manages
consultation
processes including
engagement with
key stakeholders.
16. Negotiates with
stakeholders, peers,
industry bodies and
other government
agencies with the
objective of gaining
co-operation,
influencing views
and meeting
timelines for
delivery of project,
service or advice.
based on defined
organisational
priorities.
8. Participates in
strategic planning
and contributes to
strategic decision
making process.
9. Is accountable for
the achievement of
established
corporate
objectives including
the formulation and
implementation of
local business
plans.
10. Identifies and
responds to new
and emerging
strategic issues
impacting on the
operating
environment.
11. Purpose of
communication
may be to resolve
complex issues
through a process
of consultation and
negotiation.
12. Prepares technical
reports at an
authoritative level.
13. Develops briefs on
highly complex
issues that provide
options for decision
within an
organisation.
14. Initiates and
manages
negotiations with
peers (internal and
external to work
unit) to gain
commitment to
projects, and
delivery of
activities to meet
timelines.
definitive
operational policies.
9. Contributes
advanced expertise
and knowledge to
strategic planning
and decision-making
processes.
10. Is required to use
formal and informal
channels to influence
organisation or
program
management to
achieve goals.
11. Influences
stakeholders holding
competing priorities
and views.
12. Briefs high-level
stakeholders in own
area of expertise in a
variety of forums.
13. Operates with
loosely defined
hierarchies of
decision-making.
14. Negotiates to resolve
differences to
achieve agreement
to project/program.
15. Ability to negotiate
on the spot, often on
the basis of limited
information.
16. Proficiency and
expertise has a
significant impact on
the capability to
deliver the policy
agenda, program or
project initiatives.
17. Possesses high-level
expertise in the
program area.
18. Provides high-level
expertise in a field or
discipline that is
critical to the
program or
organisation.
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Table 47.2: Custodial Officer Classification Descriptors - Operations Manager/Industry
Manager; General Manager; and Senior General Manager
Operations Manager
Industry Manager
COG 4
General Manager
COG 5
Senior General
Manager
operational problem
solving.
22. Applies sound
theoretical and
practical expertise in
development of policy
options.
23. Is the officer-in-charge
of the prison in the
absence of the General
Manager.
At the higher end of the
Grade additional work
value descriptors apply.
24. Formulates service
delivery plans within
the strategic
framework.
25. Manages the planning,
development and
implementation of a
specialist service.
26. Manages the
operations of a prison
location or specialist
service.
27. Provides authoritative
advice and
recommendations
where options and
precedents are
unclear.
28. Provide high-level
advice to the General
Manager in the
development of
business plans and
strategies for the
Branch / Agency.
29. Represents the
department in public
forums and
negotiating on local
matters.
30. Provides leadership
and guidance based on
advanced expertise.
31. Recommends
specialised service
delivery models.
32. Decisions often impact
upon staff, peers and
17. Is influential in
negotiations with
external suppliers
of major services.
18. Modifies and
applies concepts to
new situations that
may impact beyond
the immediate work
area.
19. Provides leadership
in the application of
concepts to policy
development.
15. Provides and
receives highly
complex,
contentious or
sensitive
information where
high levels of
negotiation,
communication and
interpersonal skills
are required.
16. Explains highly
complex concepts,
ideas and issues to
an executive (i.e.
non-expert)
audience.
17. Represents own
work area with
external
stakeholders, and
effectively manages
feedback.
18. Confidently
represents the
agency with
external peers and
negotiate within
parameters agreed
with immediate
manager.
19. Focuses on
understanding
stakeholder issues
and influencing
their views.
20. Provides
authoritative
expert advice on
complex issues
within own area.
21. Uses knowledge of
structures,
processes and
culture of
government, the
sector and the
Department to
develop policies
and new program
or project
initiatives.
19. Creates a learning
environment within
prison / region.
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Table 47.2: Custodial Officer Classification Descriptors - Operations Manager/Industry
Manager; General Manager; and Senior General Manager
Operations Manager
Industry Manager
COG 4
General Manager
COG 5
Senior General
Manager
prisoners outside the
immediate work area.
33. Makes decisions in
situations where there
is some, but not
definitive, precedent
about the application
of an organisational
framework.
34. Advice and analysis
influences policy
development
35. Contributes to
strategic business
planning.
36. Interprets and applies
business plans and
policies in own area of
responsibility and
provides advice to
others on
implementation
issues.
37. Is accountable for
work organisation, the
allocation of resources
within and the outputs
required of the work
area.
38. Innovative thinking
and analysis
influences
developments within
area of responsibility.
39. Initiates and
maintains
relationships with
peer and senior
internal and external
stakeholders.
40. Focuses on
understanding
stakeholder issues.
41. Negotiates with
stakeholders and
peers with the object
of gaining co-
operation and meeting
timelines for delivery
of project, service or
advice.
22. Applies complex
concepts drawn
from non-related
fields to address
policy issues.
23. Possesses high-
level expertise in
the field or
discipline.
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Table 47.2: Custodial Officer Classification Descriptors - Operations Manager/Industry
Manager; General Manager; and Senior General Manager
Operations Manager
Industry Manager
COG 4
General Manager
COG 5
Senior General
Manager
42. Prepares technical
reports at an
advanced professional
level.
43. Uses specialist
knowledge within a
confined field to
challenge policies and
professional concepts.
44. Applies complex
concepts to policy
development or
research.
45. Provides leadership in
the adaptation and
application of
concepts to
operational matters
within local work
area.
46. Models high-level
leadership attributes
Senior General Manager – Major Prison Facilities
A COG 7 officer, as
designated by the
Employer, is responsible
and accountable for all
aspects of a major prison
facility and/or strategic
State-wide function and
operates consistent with
the VPS STS descriptors.
Community Corrections Practitioner (CCP) – VPS Aligned Adaptive
Classification Structure
The CCP structure is a six (6) level structure that maintains alignment with the VPS
classification structure. CCP levels 1, 2, 3 and 4 represent work value based alignment with
the VPS classification structure. The VPS Aligned Adaptive Classification Structure applying
to Community Corrections Practitioners in outlined in the table below:
Part 3 Community Corrections
10.
10.1
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Table 48: Community Corrections Practitioner (CCP) – VPS Aligned Adaptive Classification Structure
Community Corrections Practitioners VPS Grade Alignment
Community Corrections Practitioner
Grade 1 (CPP1)
VPS Grade 2, Value Range 2
Community Corrections Practitioner
Grade 2 (CPP2)
VPS Grade 3, Value Range 1
Community Corrections Practitioner
Grade 3 (CPP3)
VPS Grade 3, Value Range 2
Community Corrections Practitioner
Grade 4 (CPP4)
VPS Grade 4
Community Corrections Practitioner
Grade 5 (CPP5)
VPS Grade 5
Community Corrections Practitioner
Grade 6 (CPP6)
VPS Grade 6
Work or Conditions Allowances – After Hours Service
Office of the Public Advocate Employees rostered on after hours service on a Monday to Friday
will receive compensation at the rate of 0.2 days leave or salary per day worked on pager
duty, irrespective of the number of calls actually taken or the incidence of actual call out time.
Office of the Public Advocate Employees rostered on after hours service on a Saturday or
Sunday will receive compensation at the rate of 0.4 days leave or salary per day worked on
pager duty, irrespective of the number of calls actually taken or the incidence of actual call
out time.
If a public holiday falls within the period of rostered after hours service an allowance of
0.8 days leave or salary will be paid for the public holiday.
Work or Conditions Allowances – Rostered Employees
Overtime – Commuted Allowance
(a) A Metropolitan-based Sheriff’s Officer must be paid a commuted allowance at the rate
of 6 per cent of base salary.
(b) A Country-based Sheriff’s Officer must be paid a commuted allowance at the rate of 10
per cent of base salary in recognition of excess travelling time.
Part 4 Office of the Public Advocate
11.
11.1
11.2
11.3
Part 5 Sheriffs Office
12.
12.1
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(c) The allowances payable under this clause compensates for the performance of up to
two hours of unplanned overtime per week associated with Sheriff’s Officer’s duties and
all other incidences of employment not covered elsewhere in this Agreement.
(d) The allowances payable under this clause must be paid as part of fortnightly salary and
shall form part of the salary specified for superannuation purposes and all paid leave
provided for under this Agreement. These allowances do not apply where the Sheriff’s
Officer is promoted to a position of higher classification, transferred to a non-Sheriff’s
Officer position or ceases to occupy a Sheriff’s Officer position pursuant to other
provisions of this Agreement.
Sheriffs Officer – Fitness for Duty
Employees engaged as a Sheriff’s Officer after 1 January 2016 may be required to undertake
a fitness test to meet the defined standards of fitness.
Sheriff’s Officer Classification Structure
Progression in the Sheriff’s Officer structure is as follows:
(a) Trainee Sheriff’s Officer work value alignment of VPS Grade 2 Value Range 1;
(b) Progression to VPS salary point 2.2.1 after 3 months employment and demonstrated
competency in executing initial criminal warrants;
(c) Progression to VPS salary point 2.2.2 after 12 months employment, completion of
Certificate IV in Government or Certificate IV in Government (Court Compliance) and
demonstrated competency in executing all criminal warrants;
(d) Progression to VPS salary point 2.2.5 after 24 months employment and demonstrated
competency in executing all civil and criminal warrants;
(e) Typically, Sheriff’s Officers move to Senior Sheriff’s Officer after 36 months employment
subject to having met the agency’s performance standards.
Employees who hold the position of Senior Sheriff’s Officer, may progress by annual
progression beyond salary point 3.2.2 subject to having met the agency’s performance
standards and completion of Certificate IV in Government, Certificate IV Government (Court
Compliance) or an agreed equivalent.
Employees, who on the date of commencement of this Agreement, hold the position of
Assistant District Supervisor may retain that title and will, subject to having met the agency’s
performance standards, be eligible for progression to the top of VPS 3.2.
The Sheriff’s Officer Structure is set out in Table 49 below. The salary minimums referred to
in this table are referenced against the VPS Structure set out in clause 1 of Schedule C.
13.
Part 6 Sheriffs Officer Classification Structure
14.
14.1
14.2
14.3
14.4
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Table 49: Sheriff’s Officer Structure
Sheriff’s Officer Structure VPS Grade Alignment
Sheriff’s Officer Trainee VPS salary point 2.1.1.
Sheriff’s Officer
VPS salary point 2.2.1 to VPS salary point
2.2.7
Senior Sheriff’s Officer VPS salary point 3.1.1 to the top of VPS 3.2
Supervisor VPS Grade 4
Regional Manager (Sheriff’s
Operations)
VPS Grade 5, Value Range 1
Regional Manager (Sheriff’s
Operations) (Metropolitan Regions)
VPS Grade 5, Value Range 2
Deputy Sheriff VPS Grade 6, Value Range 2
Youth Justice Worker Structure
Youth Justice Worker (YJW) structure is set out at clause 19 and grade descriptors in clause
20 of this Appendix.
Shift Allowances – Saturday and Sundays
The Employer must pay a Shift Worker rostered to work ordinary hours on a Saturday or
Sunday, excluding a Public Holiday, an allowance of 75 per cent of the ordinary hourly rate
for each hour of ordinary duty performed.
Time Recording
Employees, who are required to, will record the hours worked in a manner and form
determined by the Employer. This provision must not be used to avoid an obligation, to pay
relevant overtime payments under clause 46, Section I of this Agreement (Overtime).
Overtime (Child and Dependent Care), Sleepover and Court
Allowances
Child care expenses must be paid in accordance with clause 48, Section I of this Agreement
(Child Care).
Where an Employee is given short notice of the requirement to work overtime, the Employer
must consider reasonable requests to reimburse the Employee for dependent care expenses.
l---------------1----------------------------------------------------------------------------------------------
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Part 7 Youth Justice
15.
16.
17.
18.
18.1
18.2
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Court Allowance
An Employee who has been placed on stand-by to make themselves available to attend court
on departmental business at a time they are not rostered to work or outside their normal
contracted hours must be paid an allowance:
Table 50: Court Allowance
Date of effect Amount per day
1 May 2024 $61.65
1 May 2025 $63.50
1 May 2026 $65.40
1 May 2027 $67.35
The Employer must pay the Employee in accordance with clauses 46, Section I of this
Agreement (Overtime) for work performed while on stand-by for court.
Sleepover Duty
The Employer may require, and the Employee must not unreasonably refuse, to work
sleepover.
An Employee is not required to sleepover outside the normal hours of duty except by mutual
Agreement between the Employee and the Employer. A sleepover period must not commence
before 10:00pm or extend beyond 7:00am.
Where the Employer requires an Employee to sleep over in a client residential setting, the
Employee must be paid a sleep over allowance. This allowance constitutes total
compensation for any intermittent duty performed in connection with sleepover duty to a
total of one hour’s duration:
Table 51: Sleepover Duty
Date of effect Amount per day
1 May 2024 $112.00
1 May 2025 $115.35
1 May 2026 $118.80
1 May 2027 $122.35
The Employer must pay the Employee in accordance with clause 46, Section I of this
Agreement (Overtime) for work performed after the first hour of recall to duty during a
sleepover shift.
18.3
18.4
18.5
18.6
18.7
18.8
18.9
18.10
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Youth Justice Worker
Introduction
(a) Youth Justice Worker (YJW) grade descriptors are set at clause 20 of this Appendix.
(b) Progression within the YJW Grades 1, 2, 3 and 4 is through set progression steps.
Progression within the YJW Grades 5 and 6 is through set progression amounts.
Certificate IV in Youth Justice
The Department of Justice and Community Safety (the Department) has implemented a
Certificate IV in Youth Justice, specific to employment in Victorian Youth Justice Centres (the
Qualification).
New Employees
(a) All Employees commencing employment at the YJW Grade 1 level and YJW Grade 2 level
are required to complete the Qualification.
(b) A New Employee who commences employment at YJW Grade 1 Pay Point 1.1 after the
Implementation Date will progress to YJW Grade 1 Pay Point 1.7 on completion of the
Qualification.
(c) A New Employee who commences employment above YJW Grade 1 Pay Point 1.1 but
below YJW Grade 2 will progress six progression points on completion of the
Qualification.
(d) A New Employee who commences employment on or above YJW Grade 2.1 but below
YJW Grade 3 will progress two progression points on completion of the Qualification.
(e) The Employer will deliver the Qualification so that a New Employee can attain the
Qualification within 12 months of the commencement of studies.
(f) Clause 19.3(e) does not preclude a New Employee from completing the Qualification
after 12 months of the commencement of studies if that New Employee and the
Employer so agree.
Salary adjustment for existing Employees
(a) The following salary adjustments will apply to Existing Employees who complete the
Qualification:
(i) A YJW Grade 1 Employee at or below the YJW 1 Pay Point 1.9 will progress six
salary points.
(ii) A YJW Grade 1 Employee at or above the YJW Pay Point 1.10 will progress to a
maximum Pay Point 1.15 and will receive a once-off bonus payment.
(iii) A YJW Grade 2 Employee at or below the YJW 2 Pay Point 2.6 will progress two
salary points.
Part 8 Youth Justice - Non-VPS Aligned Adaptive Classification
Structure and Descriptors - Department of Justice and
Community Safety
19.
19.1
19.2
19.3
19.4
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(iv) A YJW Grade 2 Employee at or above the YJW 2 Pay Point 2.7 will progress to a
maximum Pay Point 2.8 and will receive a once-off bonus payment.
(v) The one once-off bonus payment for the relevant YJW Grade 1 Employee or YJW
Grade 2 Employee are as follows:
Table 52: Salary adjustment for existing Employees
Classification Pay Point Increase Once-off bonus payment pay
point
YJW 1.10 5 1
YJW 1.11 4 2
YJW 1.12 3 3
YJW 1.13 2 4
YJW 1.14 1 5
YJW 1.15 0 6
YJW 2.7 1 1
YJW 2.8 0 2
The salary adjustments set out in clauses 19.3 and 19.4(a) of this Appendix are in addition
to any other salary adjustments set out in this document.
Youth Justice Worker Structure
Table 53: Youth Justice Worker Structure
Youth Justice
Worker
(YJW)
Structure
YJW Pay
Point
1 May 2024 1 May 2025 1 May 2026 1 May 2027
YOUTH
JUSTICE
WORKER
GRADE 1
YJW 1
1.1 $58,539 $60,295 $62,104 $63,967
1.2 $59,728 $61,520 $63,366 $65,267
1.3 $60,915 $62,742 $64,624 $66,563
1.4 $62,107 $63,970 $65,889 $67,866
1.5 $63,290 $65,189 $67,145 $69,159
1.6 $64,482 $66,416 $68,408 $70,460
1.7 $65,670 $67,640 $69,669 $71,759
1.8 $66,858 $68,864 $70,930 $73,058
1.9 $68,045 $70,086 $72,189 $74,355
1.10 $69,234 $71,311 $73,450 $75,654
1.11 $70,419 $72,532 $74,708 $76,949
1.12 $71,610 $73,758 $75,971 $78,250
19.5
19.6
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Youth Justice
Worker
(YJW)
Structure
YJW Pay
Point
1 May 2024 1 May 2025 1 May 2026 1 May 2027
1.13 $72,795 $74,979 $77,228 $79,545
1.14 $73,987 $76,207 $78,493 $80,848
1.15 $75,175 $77,430 $79,753 $82,146
YOUTH
JUSTICE
WORKER
GRADE 2
YJW 2
2.1 $76,817 $79,122 $81,496 $83,941
2.2 $78,465 $80,819 $83,244 $85,741
2.3 $80,111 $82,514 $84,989 $87,539
2.4 $81,756 $84,209 $86,735 $89,337
2.5 $83,400 $85,902 $88,479 $91,133
2.6 $85,048 $87,599 $90,227 $92,934
2.7 $86,691 $89,292 $91,971 $94,730
2.8 $88,339 $90,989 $93,719 $96,531
YOUTH
JUSTICE
WORKER
GRADE 3
YJW 3
3.1 $89,984 $92,684 $95,465 $98,329
3.2 $91,627 $94,376 $97,207 $100,123
3.3 $93,275 $96,073 $98,955 $101,924
3.4 $95,102 $97,955 $100,894 $103,921
3.5 $97,237 $100,154 $103,159 $106,254
3.6 $100,293 $103,302 $106,401 $109,593
YOUTH
JUSTICE
WORKER
GRADE 4
YJW 4
4.1 $101,500 $104,545 $107,681 $110,911
4.2 $103,638 $106,747 $109,949 $113,247
4.3 $105,771 $108,944 $112,212 $115,578
4.4 $107,905 $111,142 $114,476 $117,910
4.5 $109,730 $113,022 $116,413 $119,905
4.6 $111,993 $115,353 $118,814 $122,378
4.7 $114,260 $117,688 $121,219 $124,856
4.8 $115,176 $118,631 $122,190 $125,856
YOUTH
JUSTICE
WORKER
GRADE 5
YJW 5
YJW 5.1 Base $115,357 $118,818 $122,383 $126,054
YJW 5.1 Max $121,247 $124,884 $128,631 $132,490
Progression
amt
$3,289 $3,388 $3,490 $3,595
YJW 5.2 Base $121,250 $124,888 $128,635 $132,494
YJW 5.2 Max $132,764 $136,747 $140,849 $145,074
Progression
amt
$3,289 $3,388 $3,490 $3,595
YOUTH
JUSTICE
WORKER
GRADE 6
YJW 6
YJW 6.1 Base $134,593 $138,631 $142,790 $147,074
YJW 6.1 Max $157,355 $162,076 $166,938 $171,946
Progression
amt
$4,153 $4,278 $4,406 $4,538
YJW 6.2 Base $157,356 $162,077 $166,939 $171,947
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Youth Justice
Worker
(YJW)
Structure
YJW Pay
Point
1 May 2024 1 May 2025 1 May 2026 1 May 2027
YJW 6.2 Max $180,115 $185,518 $191,084 $196,817
Progression
amt
$4,153 $4,278 $4,406 $4,538
Youth Justice Custodial Career Structure Classifications and
Standard Descriptors
Jobs in this structure support the Department’s children, youth and families programs.
Child Protection and Youth Justice form part of the same service delivery system in Victoria. This is
because they are both governed by the same legislation: The Children, Youth and Families Act 2005 (Vic)
(The Act). The Act outlines its purposes as:
• to provide for community services to support children and families; and
• to provide for the protection of children and young persons; and
• to make provision in relation to children and young persons who have been charged with, or who
have been found guilty of offences; and
• to continue the Children’s Court of Victoria as a specialist court dealing with matters relating to
children.
The Act sets out the statutory roles of the Department in youth justice. A key role of these Employees
is exercising legal delegations and functions pursuant to the Act and other related acts. A brief
explanation of the youth justice program is provided below.
Youth Justice Custodial Services
Youth Justice Custodial Centres accommodate young people aged 10 – 18 remanded and sentenced by
the Criminal Division of the Children’s Court and some 18 – 21 year olds sentenced by the adult courts
to Youth Justice Custodial Centres in Victoria. The centres operate within a framework that promotes
the return of young people to the community at the completion of their custodial sentence with
increased support and opportunities and reduced risk of re – offending.
Note: Youth Justice Grade and Value Range Descriptors reflected the underpinning work value anchors
for the function. Where the descriptors reference the VPS Grade and Value Range descriptors, the Youth
Justice descriptors are to be read in conjunction with them. The primary classification reference at
Youth Justice Grade 5 is operational service delivery with the VPS Grade and Value Range descriptors
serving as a framework for the other elements of work value. Use of the VPS Grade and Value Range
descriptors in this manner for CP Grade 5 is unique to this occupational category.
20.
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Table 54: Youth Justice Custodial Career Structure
Table 54.1: Youth Justice Custodial Career Structure Classifications and Standard Descriptors - Grades 1 to 4
Grade Descriptors Grade 1 Grade 2 Grade 3 Grade 4
General:
Provides basic client care and
support in both a community
and /or institutional setting
Works within a well-defined
environment under close
supervision
Typically in Youth Justice
Custodial Services, a worker
providing either direct care,
client supervision or support
Provides standard services
under general supervision
within a service delivery
framework
Provides standard services
within a service delivery
framework
Manages delivery of services to
clients within a service delivery
framework
Provides professional services
at an advanced level in the field
of expertise
Program Specific:
Typically in Youth Justice
Custodial Services
• may coordinate shift
activities
• coordinates activities which
support client programs
Typically in Youth Justice
Custodial Services, a unit/
program, co-ordinator
Typically in Youth Justice
Custodial Services a program or
unit manager
Decision Making All Employees exercise legal delegations and functions pursuant to the Children, Youth and Families Act 2005 (Vic) and other related acts.
Specific delegations and functions are determined by the role and work environment in combination (as specified in job descriptions).
Operational Service Delivery Provides case support or direct
care to clients
Manages a range of client
behaviours
Takes appropriate action for
the safety and security of clients
and the centre
Provides direction to a shift of
direct care workers involved in
the care, support and
supervision of clients
Plans and prioritises work to
achieve defined targets
Works as a coordinator of a
residential unit or a non-
residential program
Organises work schedules and
allocates cases
Undertakes more complex and
advanced casework
Evaluates and modifies
behaviour management
systems or programs within a
unit
Contributes to centre-wide
behaviour management
systems
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Table 54.1: Youth Justice Custodial Career Structure Classifications and Standard Descriptors - Grades 1 to 4
Grade Descriptors Grade 1 Grade 2 Grade 3 Grade 4
Selects and applies established
procedures and local work
practices
Prioritises own work program
with guidance from the
supervisor
Implement aspects of client
case plans
Works with clients in a range of
settings
Works as part of a team in
dealing with crisis intervention
Works with others to
coordinate client programs
Undertakes client assessments,
case management and the
development, implementation
and review of case plans and
client service plans
Adapts practices to a variety of
case circumstances
Refers complex cases and issues
to more senior staff and other
service providers
Works with clients in a range of
settings
Manages and monitors the level
of service provided to clients
Provides services in relation to
vocational training and
employment for clients
Researches program options to
develop recommendations
Provides expertise in the more
problematic cases
Accountability and
Frameworks
Provides direct client care, case
management, practical advice,
assistance and client support
and supervision services
Maintains accurate client
records
Makes decisions and solves
problems based on knowledge
gained from formal training and
the application and
interpretation of precedents,
policies and standards
Provides advice, expertise,
support and training to direct
care staff
Ensure case plans are followed
by direct care staff including
leave programs
Participates in planning,
implementing and reviewing
programs and services
Assesses clients and
recommends appropriate type
and level of service for clients
Co-ordinates case management
advice relating to individual
case plans to peers, and internal
and external stakeholders
Ensures case management
processes are in place and
standards are met.
Solves problems by applying
sound judgment and
professional expertise
Participates in developing and
evaluating client service
delivery and treatment
strategies
Overall responsibility for the
operation of the unit or
program.
Decisions are authoritative and
not usually subject to
intervention
Manages staff and resources for
a unit or program
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Table 54.1: Youth Justice Custodial Career Structure Classifications and Standard Descriptors - Grades 1 to 4
Grade Descriptors Grade 1 Grade 2 Grade 3 Grade 4
Selects and applies a variety of
work practices and techniques
common to the work area
Refers more complex problems
to the supervisor for resolution
Selects from a variety of
techniques, systems, methods
or procedures
Modifies or adapts practices
within the work area that have
limited impact
Conducts supervision sessions
for a team of direct care staff
Innovation and Originality Judgement is required to solve
problems arising in own work
program
Takes initiative to recommend
improved processes in
immediate work area
Creatively deals with problems
within the work area
Initiates improvements to work
practices within the work area
Explores new ideas in response
to more challenging cases
issues and problems and
proposes changes and solutions
Develops and applies new ideas
in more complex case plans and
proposes solutions
Assesses and responds to
developments in the field
Explores and disseminates new
ideas in response to non-
routine case issues and
problems and decides on
changes and solutions
Demonstrates creative thinking
in the design and
implementation of unit
processes
Contributes ideas to strategic
planning of the centre
Communication Communicates effectively with
clients, and their
families/guardians/ caregivers
concerning the implementation
of case plans and client support
Prepares routine reports and
correspondence relating to
client assessment and case
plans.
Uses persuasion, advocacy,
negotiation and motivation
skills with clients, their families,
guardians and service providers
Prepares client reports
Prepares briefs and
correspondence for
consideration by management
Liaises, consults and seeks to
influence other service
providers, government and
non-government sector
agencies to provide coordinated
client services
Provides specialised advice and
information to other service
providers
Finalises case reports and
correspondence
Conveys policy, case
management and operational
advice to a range of professional
and program audiences
Applies negotiation,
consultation and persuasion
skills at an advanced level.
Prepares comprehensive case
reports, correspondence, and
briefings
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Table 54.1: Youth Justice Custodial Career Structure Classifications and Standard Descriptors - Grades 1 to 4
Grade Descriptors Grade 1 Grade 2 Grade 3 Grade 4
Applies conflict resolution skills
in dealing with challenging
clients
Knowledge and Proficiency Understands relevant
procedures, practices,
guidelines and legislation
relating to the work area
Applies a developed
understanding of service
standards, techniques and
practices, acquired through
operational expertise
Applies an understanding of
relevant legislation and current
trends and approaches to
service provision in the field
Provides authoritative advice to
other professionals and
organisations on program and
service delivery
Possesses and applies a wide
knowledge and understanding
of program, operational and
service delivery issues
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Table 54.2: Youth Justice Custodial Career Structure Classifications and Standard Descriptors - Grades 5 and 6
Grade Descriptors Grade 5 Grade 6
VR1 VR2 VR1 VR2
General:
A senior regional program manager with a significant impact on
program management and delivery
Program Specific: Typically in Youth Justice Custodial Services, a project or policy
manager
Typically in Secure Welfare, manager of the program.
Decision Making All Employees exercise legal delegations and functions pursuant to the Children, Youth and Families Act 2005 (Vic) and other related acts.
Specific delegations and functions are determined by the role and work environment in combination (as specified in job descriptions).
Operational Service Delivery Manages the operations of a
centre or service, sub program,
minor program, or program
component with significant
service delivery components
Intervenes in and manages the
most problematic cases
Provides specialist professional
services or advice
Coordinates major projects
Manages program or service
delivery activities with
increased budget, staff
responsibilities or sensitive or
complex issues
Professional services and
advice is applied more broadly
to influence policies and
program delivery
Manages major projects
The VPSG 6.1 Non Executive
Career Structure Classification
and Value Range Standard
Descriptors apply
The VPSG 6.2 Non Executive
Career Structure Classification
and Value Range Standard
Descriptors apply
Accountability and
Frameworks
The VPSG 5 Non Executive Career Structure Classification and
Value Range Standard Descriptors apply
The VPSG 6 Non Executive Career Structure Classification and
Value Range Standard Descriptors apply
Innovation and Originality The VPSG 5 Non Executive Career Structure Classification and
Value Range Standard Descriptors apply
The VPSG 6 Non Executive Career Structure Classification and
Value Range Standard Descriptors apply
Communication The VPSG 5 Non Executive Career Structure Classification and
Value Range Standard Descriptors apply
The VPSG 6 Non Executive Career Structure Classification and
Value Range Standard Descriptors apply
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Table 54.2: Youth Justice Custodial Career Structure Classifications and Standard Descriptors - Grades 5 and 6
Grade Descriptors Grade 5 Grade 6
VR1 VR2 VR1 VR2
Knowledge and Proficiency The VPSG 5 Non Executive Career Structure Classification and
Value Range Standard Descriptors apply
The VPSG 6 Non Executive Career Structure Classification and
Value Range Standard Descriptors apply
I I
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Overtime
Notwithstanding clause 46, Section I of this Agreement (Overtime), Youth Justice
Worker Employees who are employed at Cherry Creek Justice Centre, Melbourne Youth
Justice Centre, and Parkville Youth Residential Services whose normal rostered shift
hours of duty are in excess of 76 hours per fortnight will receive time in lieu on an hour
for hour basis for those additional rostered shift hours beyond 76 hours per fortnight.
Youth Justice practice principles
The Parties jointly commit to continue to work together in an endeavour to improve
rostering arrangements to better meet the needs of children and young people and
Employee requirements.
The Parties agree that the following practice principles be applied in regard to decision
making and practice within Victorian Youth Justice Custodial Centres.
The Parties will:
(a) Ensure all children and young people and Employees will be treated with dignity
and respect.
(b) Support the rehabilitative, safety and supervisory needs of clients within the
framework of the Children, Youth and Families Act 2005 (Vic).
(c) Support ‘normalised’ hours of operating to minimise the amount of time that
children and young people are ‘locked down’ where it is safe and secure for
employees and young people to do so.
(d) Proactively support the work, family and life balance policy.
(e) Work collaboratively to ensure that Occupational Health and Safety practice and
procedures are best practice standard.
(f) Ensure proposed changes to work practice are conducted in accordance with
relevant industrial Agreements and a health and safety framework. This will
involve analysis as to the effects of changes on health and safety and any impacts
to parties affected that are identified.
(g) Work collaboratively with staff and the CPSU to manage and where possible
reduce the incidence of occupational violence and assault.
(h) Ensure unpaid meal breaks are scheduled into rosters.
(i) Ensure handovers between shifts will be for at least 15 minutes.
(j) Provide appropriate management /supervisory support.
(k) Provide formal supervision to Employees on a regular basis, rostered in advance.
Part 9 Youth Justice Custodial Centres
21.
22.
22.1
22.2
22.3
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(l) Support the implementation of measures which provide improved workforce
mobility and better career pathways for Employees. This clause does not detract
from the obligations and benefits provided in Section I of this Agreement.
(m) Support Employees to actively participate in service improvement activities
including operational debriefs, quality improvement processes, OHS meetings,
unit meetings and conflict resolution processes.
(n) Endeavour to fill all direct care vacancies and backfill absences as quickly as
practicable to ensure efficient and safe management of the Custodial Precincts and
staffing levels.
Training and Consultative Mechanisms
An agreed periodic formal meeting between the Employer, the CPSU and Employees will
be established in each Youth Justice Custodial Centre at which the following will be
discussed:
(a) issues affecting the Centre, Employees and clients;
(b) training needs; and
(c) consultative procedures.
Anything established as core training will be compulsory for Employees to attend.
Provision of Protective Clothing – Youth Justice Custodial
Centres
Youth Justice Worker Grades 1 to 5 and programs, stores, maintenance and gardening
Employees employed at Youth Justice Custodial Centres must be provided appropriate
clothing or a clothing allowance of up to $500 per annum. This includes an entitlement
to request reimbursement of up to $100 per annum where Employees have purchased
their own appropriate footwear for work purposes.
The Employer is not responsible for replacing personal clothing items where the
Employee has not worn the clothing.
The Employer, following discussion and input from Employees and the Union, shall
determine the type and standard of clothing and supply arrangements.
Protective footwear, if provided or purchased, must meet the relevant Australian Safety
Standard.
Departmental managers may approve amounts above the ceilings where damaged
clothing is being replaced in any year.
Claims must be paid on the basis of the Employee providing a valid receipt for the
purchase of valid boots and clothing. Alternatively, arrangements may be made with
suppliers to invoice the department for the supply of appropriate clothing to Employees.
An Employee must wear the clothing and footwear, as provided or purchased, when
required to do so by the department. The Employer must ensure Employees are made
aware of these provisions and ensure Employees wear the designated clothing.
23.
23.1
23.2
24.
24.1
24.2
24.3
24.4
24.5
24.6
24.7
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Employee Development
Where Employees are required to attend training courses, this will be facilitated through
flexible rostering arrangements, provided the Employee has given 14 days/adequate
notice of their intention to attend the training.
Stand-by / Recall Allowance – Youth Justice Custodial Centres
The Employer may require an Employee to be on stand-by outside the ordinary hours of
duty. The Employee may also be required to be recalled to their usual place or places of
work.
An Employee on stand-by:
(a) must be able to be contacted immediately by an agreed means of communication;
(b) must be able to travel to their usual place or places of work within a reasonable
time;
(c) must be fit for duty.
The Employer must reimburse the Employee for the cost of telephone calls made in the
course of stand-by/recall duty.
Youth Justice Workers required and rostered to be on stand-by outside of their ordinary
hours of duty must be paid a stand-by allowance:
Table 55: Stand-by / Recall Allowance – Youth Justice Custodial Centres
Date of effect Weekly Allowance
1 May 2024 $389.05
1 May 2025 $400.70
1 May 2026 $412.70
1 May 2027 $425.10
Payment of the stand-by/recall allowance in (this clause) shall constitute total
compensation for any intermittent duty in connection with stand-by/recall to a total of
one hour’s duration.
The Employer must pay the Employee in accordance with clause 46, Section I of this
Agreement (Overtime) for work performed after the first hour of recall to duty.
Safety and Emergency Response Team
In recognition of additional skills required by members of the Safety and Emergency
Response Team, an annual allowance (paid on a fortnightly basis) will be paid while
performing Safety and Emergency Response duties.
25.
26.
26.1
26.2
26.3
26.4
26.5
27.
27.1
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Table 56: Safety and Emergency Response Team
Date of effect Annual Allowance
1 May 2024 $1,221.90
1 May 2025 $1,258.55
1 May 2026 $1,296.30
1 May 2027 $1,335.20
Application
Part 10 of this Appendix applies to Employees of the Department of Justice and
Community Safety who are employed under the Children, Youth and Families Stream
classification descriptors as outlined in Part 3 of Appendix 4.
Ten Hour Break
The Employer must grant an Employee in the programs covered by the Children, Youth
and Families stream a ten hour break between completing a shift and commencing a
further period of duty for which the Employee has expressly been recalled.
(a) If an Employee commences work later than their rostered time in order for the ten
hour break to occur, they will be paid including all appropriate payments for the
whole shift (including any over runs), from the commencement of their rostered
shift time.
Notwithstanding clause 29.1 of this Appendix, the Employer may recall the Employee to
return to duty before the expiration of the ten hour break. In these circumstances, the
Employer must pay the Employee in accordance with Section I of this Agreement
(Overtime), except that the rate shall be time and a half of the Employee’s hourly rate for
the first three hours and, for all time worked after the first three hours, at double time,
until the commencement of the break.
The following provisions also apply:
(a) The roster, including starting times, will not be changed because a ten hour break
has not occurred.
(b) If an Employee commences work later than their rostered time in order for the ten
hour break to be observed, they will be paid including all appropriate payments
for the whole shift (including any over runs), from the commencement of their
rostered shift time.
(c) In addition to clause 29.3(b) above, where an Employee works five hours of
overtime in addition to a normal period of rostered duty, the Employer may direct
the Employee off all or part of the next day’s shift with no monetary disadvantage
Part 10 Children, Youth and Families Stream
28.
28.1
29.
29.1
29.2
29.3
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to the Employee having regard to occupational health and safety obligations and
Employee well-being.
Overtime and Additional Leave
In the programs covered by the Children, Youth and Families (CYF) stream in CYF Grade
1, CYF Grade 2, CYF Grade 3, CYF Grade 4 and CYF Grade 5 must be paid at the
appropriate overtime rate specified in clause 46.7, Section I of this Agreement
(Overtime) based on the Employee’s salary.
This clause operates to the exclusion of the clauses 46.6 and 46.7(b), Section I of this
Agreement:
Employees covered by the Children, Youth and Families (CYF) stream in CYF Grade 2,
CYF Grade 3, CYF Grade 4, CYF Grade 5 and CYF Grade 6 are entitled to Additional Leave
of 5 days paid per annum paid at the employee’s ordinary rate of pay.
Additional Leave accrues daily and at the rate of an employee’s contracted ordinary
hours.
Full-time employees will accrue a maximum of 38 hours per annum. Part-time
employees will accrue Additional Leave on a pro rata basis according to their contracted
ordinary hours only.
Additional Leave accrued under this clause must be paid at the Employee’s ordinary
hourly rate of pay.
This leave entitlement must be taken by the end of the calendar year following the
calendar year in which it was accrued and at a time convenient to the Employer and
Employee.
Where leave has not been taken in accordance with clause 30.3 above, any remaining
Additional Leave the Employee must be paid out at the Employee’s ordinary hourly rate
of pay.
Application
Part 11 of this Appendix applies to Employees of the Department of Justice and
Community Safety who are employed in the Child Protection Practitioner Stream of the
Child Protection Practitioner Structure as outlined in Part 4 of Appendix 4.
Child Protection Practitioner Structure
The Child Protection Practitioner Non-VPS Aligned Adaptive Structure has two streams:
(a) the Children, Youth and Families (CYF) stream, and
30.
30.1
30.2
30.3
30.4
30.5
30.6
30.7
30.8
Part 11 Child Protection Practitioner Structure - Non-VPS
Aligned Adaptive Classification Structure -
Department of Justice and Community Safety
31.
31.1
32.
32.1
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(b) the Child Protection Practitioner stream.
The classification structures and descriptors applying to these streams are detailed in
Part 3 and Part 4 of Appendix 4. These structures and descriptors apply to Employees
employed by the Department of Justice and Community Safety where they are employed
within either stream.
Application of Part 12 of this Appendix
This Part 12 of this Appendix applies to Employees of the Department of Justice and
Community Safety employed on a casual basis as Forensic Nurse Examiners or Forensic
Nurse (Biological Specimens) engaged in the collection of biological specimens on behalf
of the Victorian Institute of Forensic Medicine (VIFM).
It is acknowledged that the nature of the work performed by the casual Forensic Nurse
Examiner and Forensic Nurse (Biological Specimens) Employees is of an ad hoc
unpredictable nature and spread across various locations. In light of this the following
entitlements have been incorporated into the minimum hourly rates of pay prescribed
in clauses 35.1 and 37 of this Appendix and do not apply to the casual Forensic Nurse
Examiner and Forensic Nurse (Biological Specimens) Employees:
(a) Clause 21– Usual place(s) of work
(b) Clause 29 – Classification and Salaries – VPS and VPS Aligned Adaptive Structures
(c) Clause 40.3– Reimbursement of expenses for private mobile or home phone use
(d) Clause 42 – Hours of Work
(e) Clause 43 – Shift Work
(f) Clause 46 - Overtime
In addition to clause 33.2, the 25 per cent loading paid to casual Employees under
clause 35 of this Agreement has been incorporated into the hourly rates of pay
prescribed in clauses 35.1 and 37 of this Appendix. The incorporation of this loading
into the hourly rate is compensation in lieu of any entitlement to the following benefits:
(a) payment for public holidays not worked;
(b) annual leave and annual leave loading;
(c) paid parental leave;
(d) paid compassionate leave;
(e) paid personal/carer’s leave;
(f) jury service;
32.2
Part 12 Victorian Institute of Forensic Medicine - Forensic
Casual Nurse Examiners and Casual Forensic Nurse
(Biological Specimens)
33.
33.1
33.2
33.3
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(g) defence reserve leave;
(h) accident make-up pay;
(i) leave to attend rehabilitation programs.
Although this Part 12 of this Appendix only applies to Employees of the Department
employed on a casual basis as a Forensic Nurse Examiner or Forensic Nurse (Biological
Specimens) engaged on behalf of the VIFM, the Department and the VIFM acknowledge
that Forensic Nurse Examiners and Forensic Nurse (Biological Specimens) are not the
only categories or nurses employed by the Department on behalf of the VIFM. The
Department and the VIFM acknowledge and recognise that there are other categories of
nurses who are classified as VPS staff and who perform the roles and functions of the
nursing profession. The Department and the VIFM acknowledge and recognise that as at
the date of this Agreement, in addition to the casual Forensic Nurse Examiner or Forensic
Nurse Biological Specimen) Employees those nurses covered in Part 12 of this Appendix,
the following categories of Registered Nurses may be employed at the VIFM to perform
the roles and functions of this profession:
(a) Clinical Forensic Medicine:
(i) Nurse Manager
(ii) Regional Services Nursing Co-ordinator
(iii) Forensic Nurse Examiner
(b) Donor Tissue Bank of Victoria:
(i) Nurse Manager
(ii) Tissue Donation Nurse Specialist
(c) Forensic Pathology:
(i) Family Health Nurses
(ii) Family Health and Genetic Nurse Specialist
(d) Coronial Admission and Enquiries:
(i) Assistant Manager
(ii) Medical Liaison Nurses
(iii) Aboriginal Medical Liaison Nurse
Type of Employment
Forensic Nurse Examiner or Forensic Nurse (Biological Specimens) Employees covered
by this Part 12 will be engaged under clause 19 of Section I of this Agreement on a
casual sessional basis.
Each session will be for a minimum of three hours.
Any actual time worked beyond the first three hours will be paid on a per hour basis in
accordance with this Appendix.
33.4
34.
34.1
34.2
34.3
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Fitness for duty
At all times that the casual Forensic Nurse Examiner or casual Forensic Nurse (Biological
Specimens) Employee is on duty, the Employee must take reasonable care for their
health and safety. This includes ensuring that the Employee is fit to perform work when
they are on duty.
The casual Forensic Nurse Examiner or casual Forensic Nurse (Biological Specimens)
Employee must not accept an offer of work or remain on duty if they are not fit for work.
Hourly rates of pay – Casual Forensic Nurse Examiner
Employees
Casual Forensic Nurse Examiners Employees will be paid the following rates for each
hour worked:
Table 57: Hourly rates of pay – Casual Forensic Nurse Examiner Employees
Date of effect Amount per hour
1 May 2024 $116.60
1 May 2025 $120.10
1 May 2026 $123.70
1 May 2027 $127.40
Hourly rates of pay – Casual Forensic Nurse (Biological
Specimens) Employees
Subject to clause 37.2 of this Appendix, casual Forensic Nurse (Biological Specimens)
Employees will be paid the following rates for each hour worked:
Table 58: Hourly rates of pay – Casual Forensic Nurse (Biological Specimens)
Date of effect Amount per hour
1 May 2024 $66.90
1 May 2025 $68.90
1 May 2026 $70.95
1 May 2027 $73.10
Casual Forensic Nurse (Biological Specimens) Employees will be paid the following rates
for each hour worked on any public holiday:
35.
35.1
35.2
36.
36.1
37.
37.1
37.2
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Table 59: Public Holiday - Forensic Nurse (Biological Specimens)
Date of effect Amount per hour
1 May 2024 $73.60
1 May 2025 $75.80
1 May 2026 $78.05
1 May 2027 $80.40
Travel time
For the purpose of this Appendix, travel time to and from the location at which the casual
Forensic Nurse Examiner or Forensic Nurse (Biological Specimens) Employee is
required to work is counted as time worked.
On-call / stand-by
Where a casual Forensic Nurse Examiner or Forensic Nurse (Biological Specimens)
Employee is required to be on-call, the Employee will be paid the relevant stand-by
allowance as outlined in clause 39.5(e) of Section I the Agreement.
To be eligible to be paid a stand-by allowance the casual Forensic Nurse Examiner or
Forensic Nurse (Biological Specimens) Employee, must have their name on the relevant
VIFM on-call roster for the duration of the relevant period.
Forensic Report Allowance – Casual Forensic Nurse Examiners
Casual Forensic Nurse Examiner Employees are required to prepare forensic reports
detailing the nature of the work they perform. Reports prepared by a casual Forensic
Nurse Examiner will be supervised, reviewed and co-signed by an experienced forensic
physician from the VIFM. Casual Forensic Nurse Examiner Employees will be paid for
each completed report in accordance with clauses 40.2 and 40.3 of this Appendix:
Simple Report
Table 60: Simple Report – Casual Forensic Nurse Examiners
Date of effect For each completed report
1 May 2024 $55.75
1 May 2025 $57.40
1 May 2026 $59.10
1 May 2027 $60.85
38.
39.
39.1
39.2
40.
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40.2
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Routine report
Table 61: Routine Report – Casual Forensic Nurse Examiners
Date of effect For each completed report
1 May 2024 $78.05
1 May 2025 $80.40
1 May 2026 $82.80
1 May 2027 $85.30
Forensic Report Allowance – Casual Forensic Nurse (Biological
Specimen)
Where specifically requested by Victoria Police, a casual Forensic Nurse (Biological
Specimen) Employee required to prepare a report (Simple Report – Statement for Police)
will be paid for each completed report as per the following table:
Table 62: Forensic Report Allowance – Casual Forensic Nurse (Biological Specimen)
Date of effect For each completed report
1 May 2024 $44.60
1 May 2025 $45.95
1 May 2026 $47.35
1 May 2027 $48.75
Court Attendance Allowance – Casual Forensic Nurse Examiners
A casual Forensic Nurse Examiner required to attend court will be entitled to the
payments in clauses 42.2 and 42.3 based on the duration of the court attendance:
Half day or less
Table 63: Half day or less – Court Attendance Allowance – Casual Forensic Nurse Examiners
Date of effect Amount per half day or less
1 May 2024 $278.80
1 May 2025 $287.15
1 May 2026 $295.75
1 May 2027 $304.60
40.3
41.
41.1
42.
42.1
42.2
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More than half a day
Table 64: More than half a day – Court Attendance Allowance – Forensic Nurse Examiners
Date of effect Amount more than half a day
1 May 2024 $557.60
1 May 2025 $574.35
1 May 2026 $591.60
1 May 2027 $609.35
Court Attendance Allowance – Casual Forensic Nurse (Biological
Specimens)
A casual Forensic Nurse (Biological Specimens) Employee required to attend court will
be entitled to the payments in clauses 43.2 and 43.3 of this Appendix based on the
duration of the court attendance:
Half day or less
Table 65: Half day or less – Court Attendance Allowance – Casual Forensic Nurse (Biological
Specimen)
Date of effect Amount per half day or less
1 May 2024 $267.65
1 May 2025 $275.70
1 May 2026 $283.95
1 May 2027 $292.45
More than half a day
Table 66: More than half a day – Court Attendance Allowance – Casual Forensic Nurse (Biological
Specimens)
Date of effect Amount more than half a day
1 May 2024 $535.30
1 May 2025 $551.35
1 May 2026 $567.90
1 May 2027 $584.95
42.3
43.
43.1
43.2
43.3
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Reimbursement of Expenses
Private motor vehicle use
A casual Forensic Nurse Examiner or Forensic Nurse (Biological Specimens) Employee
required to use their private motor vehicle in the course of their employment, will be
reimbursed in accordance with clause 40.4 of Section I of this Agreement.
Professional development
Where a casual Forensic Nurse Examiner or Forensic Nurse (Biological Specimens)
Employee is required to attend training by the VIFM, appropriate costs will be met.
Application
This Part 13 of this Appendix applies to Employees of the Department of Justice and
Community Safety, who are employed as inspectors and provide services to the Victorian
Liquor Commission to enable it to perform its statutory functions.
Inspectorial Shift, Roster and Allowance Arrangements
For the purposes of this clause 46 of Part 13 of this Appendix, Inspector means an
Employee who is:
(a) appointed as a Liquor Inspector under the Liquor Control Reform Act 1998 (Vic);
and
(b) engaged to perform Shift Work (as defined under clause 43.1(a) of Section I of
this Agreement).
The Roster
(a) For the avoidance of doubt, the shift and roster provisions contained within
Section I of the Agreement (clause 43) apply to the LCV. The shift and roster
provisions set out below are additional to those contained in Section I of this
Agreement. Where any inconsistency arises, the provisions in this Appendix
prevail.
(b) For the purposes of clause 46.2 of Part 13 of this Appendix, “standard roster”
refers to the character of the roster (as referred to in clause 12 of Section I of this
Agreement) as developed by the Employer in consultation with Inspectors through
the Roster Committee in accordance with the consultation process described
below.
(c) The Employer will establish a committee (Roster Committee) to facilitate
consultation with Inspectors in relation to all standard roster changes that affect
the character of the roster (as referred to in clause 12 of Section I of this
Agreement).
44.
44.1
44.2
Part 13 Liquor Control Victoria (LCV)
45.
46.
46.1
46.2
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(i) The Roster Committee will be the primary means to facilitate such
consultation.
(ii) The Roster Committee will consist of a maximum of six members comprising
of two CPSU staff delegates, two management representatives of the
Employer, one Health and Safety Representative and not more than one
affected Inspector. The Employer will arrange meetings for the Roster
Committee for the purposes of consulting with Inspector representatives on
its proposal to introduce any amended standard roster. The Employer will
minute the meetings of the Roster Committee and take into account the
views of the Inspector representatives in settling the standard roster.
(iii) The Roster Committee must take into account the following factors in
developing an amended standard roster:
• any risk to Inspectors’ health and safety;
• the needs and preferences of the Employer;
• Inspectors’ personal circumstances, including family
responsibilities and preferences;
• the nature of the Inspectors’ roles;
• the need for flexibility to alter rostered shifts;
• the desirability of certainty through the creation of a known
roster cycle; and
• the preference for equitable distribution of Shift Work amongst
Inspectors.
(d) Where the Employer has proposed to amend the standard roster, the employer
will develop an amended standard roster and consult with the Roster Committee
no later than 4 weeks prior from the commencement of the planned new roster
period. This consultation period commences upon receipt of the draft roster and
concludes no later than 14 calendar days from the commencement of the planned
roster period (Consultation Period). If the parties do not reach agreement by the
end of the Consultation Period, the Employer may implement the roster in
accordance with clause 12 of Section I this Agreement.
(e) The standard roster will:
(i) include day, afternoon and night Shift Work arrangements, as developed by
the Employer in consultation with Inspectors; and
(ii) reflect the Employer’s operational requirements.
(f) For the purposes of clause 46.2(e) of Part 13 of this Appendix, afternoon shift and
night shift will have the meaning given to them in clause 43 of Section 1 of this
Agreement.
Individual Changes
(a) Any request for flexibility in shift start times is to be discussed with the Team
Leader/Manager.
46,3
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(b) Inspectors can negotiate altered Shift Work arrangements directly with their Team
Leader/Manager after rosters have been posted. The Team Leader/Manager will
consider all Inspectors equally taking into consideration operational requirements
and the preferences of Inspectors. Roster requests will not be unreasonably
refused.
(c) Changes to roster arrangements by the Employer will be made in accordance with
clause 12 of Section I of this Agreement. Where less than 48 hours’ notice is given
by the Employer of changed shift arrangements, affected Inspectors will be paid
overtime rates for shifts occurring during the 48 hour period.
Commuted Off-Roster Allowance – Inspectors
(a) Subject to this clause, an Inspector who is nominated by the LCV to perform special
investigative duties off the standard roster will receive a 15.5 per cent allowance
calculated on the Inspector’s base salary in respect of the hours that includes
weekends worked off the standard roster.
(b) This clause does not apply to an Inspector who is a Manager.
Commuted Off-Roster Allowance – Managers of Inspectors
An Inspector, who is a Manager, will receive a 15.5 per cent commuted allowance
calculated on the Manager’s base salary in recognition of regular additional hours that
includes weekends worked off the standard roster.
46.4
46.5
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Definitions
For the purpose of this Part 1 of Appendix 2:
(a) “Employee or Employees” means an Employee of the Department of Education
who is employed within the Victorian Curriculum and Assessment Authority
(VCAA).
(b) “stand-by” is where an Employee, is not required to be on duty as part of their
normal hours of work, and is directed to be available, without notice, to be
contacted and/or return to work to undertake duties outside the Employee’s
normal hours of work.
Stand-by
Where an Employee is undertaking information technology work that directly relates to
the Victorian Certificate of Education (VCE) examinations or the National Assessment
Program – Literacy and Numeracy (NAPLAN) and is required to be on stand-by during
the periods in which VCE examinations and NAPLAN tests are processed, the following
rates shall apply when on stand-by:
Table 67: Stand-by - VCAA
Date of effect
Monday to Friday rate,
per night
Weekend or public
holiday rate per day
1 May 2024 $100.70 $133.55
1 May 2025 $103.70 $137.55
1 May 2026 $106.80 $141.70
1 May 2027 $110.00 $145.95
The allowances payable to an Employee under clause 2.1 constitute total compensation
for work undertaken as a result of being on stand-by, provided that:
(a) the total amount of time worked does not exceed 1 hour; and
(b) any time worked that exceeds 1 hour is subject to the overtime provisions of the
Agreement.
The provisions that apply under this Part 1 of Appendix 2 operate in lieu of any
entitlements:
Appendix 2 Department of Education
Part 1 Victorian Curriculum and Assessment Authority
1.
1.1
2.
2.1
2.2
2.3
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(a) under the stand-by and recall to work provisions of the Agreement; and
(b) the overtime provisions of the Agreement, only to the extent of the operation of
clause 2.2(a).
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Definitions
In this Appendix:
“Activated Stand-by” means Employees have agreed to be available on a stand-by roster
after being activated in response to an incident as defined in clause 1 of this Appendix.
“After-hours” means outside of the normal business and operating hours of EPA
including public holidays and all hours other than between 08:30 and 17:00 Monday to
Friday.
“Agreement” means the Victorian Public Service Enterprise Agreement 2024.
“Day Rate” means payment made for being on stand-by during standard business hours,
08:30 to 17.00.
“Day/Night Rate” means payment made for being on stand-by during any 24-hour
period that covers both that identified in Day and Night Rates.
“Emergency Incident” means an incident or event where urgent action is required to
meet EPA’s emergency management responsibilities described in the State Emergency
Management Plan (SEMP).
“Employee” means an employee employed by the Environment Protection Authority
Victoria.
“EPA” means the Environment Protection Authority Victoria.
“Fit for Duty” means that an Employee is able to safely perform the duties of their
position.
“Incident” means either an Emergency Incident or a Major Pollution Incident.
“Initial Limited Response” is defined in clause 39.5(g) of the Agreement.
“Major pollution incident” means an incident which has the potential to have a
significant impact on human health or the environment and where a timely response is
critical to reducing this impact.
“Night Rate” means payment made for being on stand-by After-hours, i.e. from 17:00
on a given day to 08:30 the following day.
“Overtime” means time worked in excess of the ordinary hours of work as defined at
clause 42 and clause 46 of the Agreement.
“Reasonable Time” means an appropriate time of response and will be articulated upon
further discussions with the CPSU and placed within the role statements.
Appendix 3 Environment Protection Authority Victoria
Part 1 Common Provisions
1.
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“Regularly Rostered Stand-by” means being rostered After-hours to be available if
called upon to attend or support an Incident immediately.
“Roster Period” means a consecutive seven (7) day or any other agreed period.
General
EPA provides response services to Incidents throughout Victoria. Such response services
include After-hours response services. This Appendix sets out specific terms and
conditions of employment, which apply in relation to work performed by Employees
when conducting After-hours response services.
Unless otherwise specified in this Appendix, stand-by allowance rates will be in
accordance with clauses 5, 6 and 7 of this Appendix. Where there is a difference between
clause 39.5 of the Agreement and this Appendix, this Appendix overrides clause 39.5
of the Agreement and applies to the extent of the difference.
Arrangements
Suitably qualified and experienced Employees may opt in and with the agreement of the
EPA, be rostered to be on stand-by to respond to After-hours Incidents.
EPA will, in consultation with Employees:
(a) establish a stand-by roster for each After-hours role in clauses 5 and 6 of this
Appendix; and
(b) from time to time highlight key Incidents that could require EPA Employees to be
on Activated Stand-by, and such stand-by roles.
Incident Management and Emergency Management, role statements are developed in
consultation with CPSU in accordance with this Appendix, including definitions of ‘Initial
Limited Response’, ‘Reasonable Time’ and ‘follow up work’ for each role, and skills and
requirements.
The definitions of ‘Initial Limited Response’, ‘Reasonable Time’ and ‘follow up work’ will
be developed in consultation with CPSU within 12 months of implementation.
Where an Employee has agreed to opt in to the stand-by roster, an Employee may refuse
to be on a stand-by After-hours roster, where this may result in the Employee working
hours which are unreasonable having regard to:
(a) any risk to the Employee’s health and safety,
(b) the Employee’s personal circumstances including family responsibilities,
(c) the needs of the Employee in their substantive role, including delivering on EPA’s
statutory obligations,
(d) the notice (if any) given by EPA of the requirement to be on stand-by,
(e) the notice given by the Employee of their intention to refuse to be on stand-by, and
(f) any other relevant matter.
2.
2.1
2.2
3.
3.1
3.2
3.3
3.4
3.5
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At all times, while an Employee is on stand-by, the Employee:
(a) must be contactable by an agreed means of communication and must respond to
the communication within a Reasonable Time,
(b) must be available to take actions appropriate to the responsibilities and functions
of the role, including being called out to attend an Incident or to return to their
usual place of work, if required,
(c) must undertake any follow up work required as a result of any communication
received, including being called out to attend an Incident or to return to their usual
place of work, if required,
(d) must be able to travel to their usual place(s) of work or other required site(s)
within a Reasonable Time,
(e) will, if recalled to work, be provided by EPA with appropriate transport or be
reimbursed travel expenses in accordance with clause 40 of the Agreement; and
(f) must be Fit for Duty.
When undertaking a role that is listed in this Appendix, during business hours or after
hours, the person will be paid at their current grade or the grade of the role they are
undertaking, whichever is higher.
Provisions
The following general provisions apply to Employees in receipt of a stand-by allowance,
as applicable:
Employees will be paid an allowance for the Roster Period for being on stand-by, as set
out in clauses 5 and 6 Error! Reference source not found.of the Appendix.
The allowances set out in clauses 5 and 6 of the Appendix compensate Employees Initial
Limited Response as defined in clause 39.5(g) of the Agreement. Specific provisions
apply to some stand-by roles, as set out below.
Employees may undertake stand-by duties on a daily basis and shall be paid one seventh
(1/7th) of the applicable weekly allowance rate for each single day the Employee is on
stand-by.
An Employee who is on stand-by for fewer than seven (7) consecutive days will be paid
the appropriate daily rate according to the role undertaken for each day the Employee is
actually on stand-by.
An Employee shall only be rostered to undertake one stand-by role within a Roster
Period other than in exceptional circumstances at the request or initiative of the
manager, and by agreement between the Employee and the manager. Employees
rostered to undertake more than one stand-by role on a Public Holiday will only be paid
one Public Holiday payment per Public Holiday, in accordance with clause 4.6.
Employees rostered on stand-by on a Public Holiday will receive an additional payment
for being on stand-by on the Public Holiday, as follows:
3.6
3.7
4.
4.1
4.2
4.3
4.4
4.5
4.6
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Table 68: Public Holiday Stand-by Rates - EPA
Date of effect
Schedule A: National and Victorian Public
Holidays (except those in Schedule B)
Schedule B: New
Year’s Day
(1 January), Good
Friday, Christmas
Day (25 December)
1 July 2024 $89.22 $178.49
1 July 2025 $92.34 $184.73
1 July 2026 $95.57 $191.20
1 July 2027 $98.92 $197.89
The Public Holiday allowances will increase in accordance with the provisions of clause
32.3 of the Agreement.
Rostered Incident Response Roles and After-Hours Allowances
Field Response Officer (FRO) VPS 4
(a) The primary duty of the Field Response Officer (FRO) is to respond to
environmental incidents in the field; specifically, those incidents that require EPA
intervention immediately to resolve.
(b) An Employee rostered to perform the FRO function will be paid an allowance for
being on stand-by After-hours during the roster period, including Saturday,
Sunday and all public holidays and undertaking all Initial Limited Response
following receipt of a communication which does not require the Employee to
carry out any follow up work.
(c) The allowance rate per Roster Period for the FRO is:
Table 69: Field Response Officer Allowance (EPA)
Date of effect Weekly Daily
1 July 2024 $727.10 $103.87
1 July 2025 $752.10 $107.44
1 July 2026 $777.10 $111.01
1 July 2027 $802.10 $114.59
4.7
Part 2 After-hours Roles
5.
5.1
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(d) Field Response Officers who complete and maintain all training requirements and
become Field Response Officer Endorsed will receive an additional 10% allowance
(per week or per day) according to Table 69.
Forecast Officer (FO) VPS 4
(a) The primary duty of the Forecast Officer (FO) is to provide timely and expert
forecasting and assessment information/advice to the Science Officer (SO) from a
remote location in support of EPA’s response to incidents.
(b) An Employee rostered to perform the FO function will be paid an allowance for
being on stand-by After-hours during the Roster Period, including Saturday,
Sunday and all public holidays, and undertaking all Initial Limited Response
following receipt of a communication which does not require the Employee to
carry out any follow up work.
(c) The allowance rate per Roster Period for the FO is:
Table 70: Forecast Officer Allowance (EPA)
Date of effect Weekly Daily
1 July 2024 $509.20 $72.74
1 July 2025 $534.20 $76.31
1 July 2026 $559.20 $79.89
1 July 2027 $584.20 $83.46
Communications Coordinator (CC) VPS5.1
(a) The primary duty of the Communications Coordinator (CC) is to coordinate the
work of EPA’s communications and media function in support of the State Duty
Officer (SDO). The CC may encompass function such as information and warnings,
media, digital communications and community engagement.
(b) An Employee rostered to perform the CC function will be paid an allowance for
being on stand-by After-hours during the Roster Period, including Saturday,
Sunday and all public holidays, and undertaking all Initial Limited Responses
following receipt of a communication which does not require the Employee to
carry out any follow up work.
(c) The allowance rate per Roster Period for the MSO is:
Table 71: Communications Coordinator Allowance (EPA)
Date of effect Weekly Daily
1 July 2024 $487.55 $69.65
1 July 2025 $512.55 $73.22
1 July 2026 $537.55 $76.79
5.2
5.3
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Date of effect Weekly Daily
1 July 2027 $562.55 $80.36
Science Officer (SO) SciC2 / VPS5.2
(a) The primary duty of the Science Officer (SO) is to coordinate and provide timely
and expert science and engineering advice to support EPA’s response to major and
emergency incidents.
(b) An Employee rostered to perform the SO function will be paid an allowance for
being on stand-by 24 hours per day during the roster period, including Saturday,
Sunday and all public holidays, and undertaking all Initial Limited Response
following receipt of a communication which does not require the Employee to
carry out any follow up work.
(c) The SO will ensure handover coordination of EPA’s science responses to the SDO,
if working on a time-consuming Incident(s) and/or requiring a rest due to fatigue.
(d) The allowance rate per Roster Period for the SO is:
Table 72: Science Officer Allowance (EPA)
Date of effect Weekly Daily
1 July 2024 $690.80 $98.69
1 July 2025 $715.80 $102.26
1 July 2026 $740.80 $105.83
1 July 2027 $765.80 $109.40
Science Response Officer (SRO) VPS4
(a) The primary role of the Science Response Officer (SRO) is to respond to incidents
to gather scientific information and provide timely science advice from the field to
support EPA’s response to incidents (emergency and pollution) as decided upon
by the State Duty Officer (SDO); specifically, incidents that require public health
advice that can be informed by environmental screening, and short- and medium-
term environmental monitoring.
(b) An Employee rostered to perform the SRO function will be paid an allowance for
being on stand-by After-hours during the Roster Period, including Saturday,
Sunday and all public holidays, and undertaking all Initial Limited Response
following receipt of a communication which does not require the Employee to
carry out any follow up work.
(c) The allowance rate per Roster Period for the SRO is:
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Table 73: Science Support Officer Allowance (EPA)
Date of effect Weekly Daily
1 July 2024 $630.25 $90.04
1 July 2025 $655.25 $93.61
1 July 2026 $680.25 $97.18
1 July 2027 $705.25 $100.75
Health Risk Officer (HRO) VPS4
(a) The Health Risk Officer (HRO) provides timely and expert environmental public
health advice and risk assessments to the Science Officer (SO) in support of EPA
incident response activities.
(b) An Employee rostered to perform the HRO function will be paid an allowance for
being on stand-by After-hours during the Roster Period, including Saturday,
Sunday and all public holidays, and undertaking all Initial Limited Response
following receipt of a communication which does not require the Employee to
carry out any follow up work.
(c) The allowance rate per Roster Period for the HRO is:
Table 74: Health Risk Officer Allowance (EPA)
Date of effect Weekly Daily
1 July 2024 $509.20 $72.74
1 July 2025 $534.20 $76.31
1 July 2026 $559.20 $79.89
1 July 2027 $584.20 $83.46
Systems Administration Officer (SAO) VPS3.2
(a) The Systems Administration Officer (SAO) ensures the data acquisition from
Incident Air Monitoring (IAM) equipment and EPA’s ambient air quality
monitoring sites display on Air Watch outside business hours.
(b) An Employee rostered to perform the SAO function will be paid an allowance for
being on stand-by After-hours during the Roster Period, including Saturday,
Sunday and all public holidays, and undertaking all Initial Limited Response
following receipt of a communication which does not require the Employee to
carry out any follow up work.
(c) The allowance rate per Roster Period for the SAO is:
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Table 75: Systems Administration Officer (SAO) Allowance (EPA)
Date of effect Weekly Daily
1 July 2024 $509.20 $72.74
1 July 2025 $534.20 $76.31
1 July 2026 $559.20 $79.89
1 July 2027 $584.20 $83.46
State Duty Officer (SDO) VPS5.2
(a) The State Duty Officer (SDO) commands EPA’s response to environmental
incidents, specifically those incidents that require intervention immediately to
resolve. The SDO determines the initial response required and, if necessary,
initiates the deployment of EPA people resources into the field and/or media
response.
(b) The SDO will also:
(i) request the State Agency Commander to be placed on stand-by for an
Incident that may require significant organisational resources. If the State
Agency Commander is required, the SDO will hand over the Incident to the
State Agency Commander and return to normal operational duties;
(ii) ensure handover coordination of EPA’s response to the Support SDO for a
period of time, if working on a time-consuming Incident(s) or requires a rest
due to fatigue; and
(iii) support any Employee in the field After-hours.
(c) An Employee rostered to perform the SDO function will be paid an allowance for
being on stand-by 24 hours per day during the Roster Period, including Saturday,
Sunday and all public holidays, and undertaking all Initial Limited Response
following receipt of a communication which does not require the Employee to
carry out any follow up work.
(d) The allowance rate per Roster Period for the SDO is:
Table 76: State Duty Officer Allowance (EPA)
Date of effect Weekly Daily
1 July 2024 $993.40 $141.91
1 July 2025 $1018.40 $145.49
1 July 2026 $1043.40 $149.06
1 July 2027 $1068.40 $152.63
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Support State Duty Officer (SSDO) VPS 5.2
(a) The primary duty of the SSDO is to support the SDO in ensuring the effective
coordination of EPA’s response to Incidents After-hours during the Roster Period,
including Saturday, Sunday and all public holidays. This includes receiving
information and providing advice over the telephone and ensuring that responses
are provided in a timely and appropriate manner.
(b) An Employee rostered to perform the SSDO function will be paid an allowance for
being on stand-by After-hours during the Roster Period, including Saturday,
Sunday and all Public Holidays, and undertaking all Initial Limited Response
following receipt of a communication which does not require the Employee to
carry out any follow up work.
(c) The SSDO may also be called upon to provide relief or backup to the SDO. Should
this be required, the SSDO will be paid one-seventh (1/7th) of the weekly rate of
the SDO per day activated.
(d) The allowance rate per Roster Period for the SSDO is:
Table 77: Support State Duty Officer Allowance (EPA)
Date of effect Weekly Daily
1 July 2024 $569.75 $81.39
1 July 2025 $594.75 $84.96
1 July 2026 $619.75 $88.54
1 July 2027 $644.75 $92.11
Activated Emergency Management Roles
Emergency Management Liaison Officer (EMLO) VPS4
(a) The Emergency Management Liaison Officer (EMLO) represents EPA at deployed
locations (incident control centres, Emergency Management Team meetings etc.)
at each of the incident, regional or state tiers of emergency management. They
ensure the accurate and timely passage of information between EPA and the
incident.
(i) another agency’s facility utilised to manage an emergency response;
(ii) an emergency management team; or
(iii) a coordination centre.
(b) The EMLO is empowered to commit, or to arrange the commitment of, agency
resources in the response to an emergency, represents the interests of the agency
and provides advice in relation to impacts and consequence management.
(c) An Employee rostered to perform an EMLO function will be paid an allowance for
being on stand-by, including Saturday, Sunday and all public holiday as follows:
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6.
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Table 78: Emergency Management Liaison Officer Stand-by Allowance (EPA)
Date of effect Night Rate Day/Night Rate
I July 2024 $33.90 $68.41
1 July 2025 $35.09 $70.80
1 July 2026 $36.32 $73.28
1 July 2027 $37.59 $75.84
(d) If activated After-hours, the EMLO function will also be paid Overtime for the hours
worked at the appropriate penalty rate.
Emergency Support Officer (ESO) VPS4
(a) The Emergency Support Officer (ESO) provides general or operational skills and
experience required by the State Duty Officer (SDO) or State Agency Commander
(SAC) during incident response.
(b) An Employee rostered to perform an ESO function will be paid an allowance for
being on stand-by, including on Saturday, Sunday and all public holidays as
follows:
Table 79: Emergency Support Officer Stand-by Allowance (EPA)
Date of effect Night Rate Day/Night Rate
1 July 2024 $33.90 $68.41
1 July 2025 $35.09 $70.80
1 July 2026 $36.32 $73.28
1 July 2027 $37.59 $75.84
(c) If activated, After-hours, an Employee engaged in the ESO function will also be paid
Overtime for the hours worked at the appropriate penalty rate.
Recovery Manager (RM) VPS6.1
(a) The Recovery Manager (RM) leads EPA’s emergency recovery response, managing
the Recovery Cell and providing strategic advice to the State Agency Commander
(SAC). The Recovery Manager will also:
(i) direct the development and implementation of EPA’s Agency Recovery Plan,
ensuring it meets community needs and coordinates effectively with local
and regional efforts;
(ii) act as the principal state-level contact for recovery issues, managing
escalations and coordinating resources and information to support recovery
efforts;
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(iii) oversee the execution of EPA’s roles and responsibilities as defined by the
State Emergency Management Plan (SEMP), optimising resource use for
effective community service;
(iv) ensure the accuracy and timeliness of public communications related to
state recovery efforts, reflecting best practices and compliance with
Victorian Government emergency management arrangements;
(v) provide leadership to the Recovery Cell, driving the delivery of projects and
regulatory outcomes in alignment with EPA and government policies.
(b) An Employee rostered to perform the RM function will be paid an allowance for
being on stand-by, including Saturday, Sunday and all public holiday as follows:
Table 80: Regional Agency Commander – Stand-by (EPA)
Date of effect Night Rate Day/Night Rate
1 July 2024 $62.67 $125.34
1 July 2025 $64.86 $129.72
1 July 2026 $67.13 $134.26
1 July 2027 $69.48 $138.96
(c) If activated, After-hours, an Employee engaged in the RM function will also be paid
Overtime for the hours worked at the appropriate penalty rate.
Deputy Recovery Manager (DRM) VPS5.2
(a) The Deputy Recovery Manager (DRM) supports the Recovery Manager in
overseeing and executing specific segments of EPA’s emergency recovery efforts.
The DRM will also:
(i) assist in the management and implementation of designated aspects of EPA’s
Agency Recovery Plan, ensuring these segments meet the community’s
needs and integrate smoothly with broader recovery options;
(ii) serve as a secondary contact for recovery issues within their assigned area,
facilitating the escalation process and coordinating resources and
information to support effective recovery efforts;
(iii) contribute to the oversight of EPA’s execution of responsibilities under the
State Emergency Management Plan (SEMP), focusing on efficient and
effective resource utilisation within their recovery segment;
(iv) support leadership within the Recovery Cell for their assigned segments,
driving project delivery and regulatory compliance, in line with EPA and
government polices.
(b) An Employee rostered to perform the DRM function will be paid an allowance for
being on stand-by, including Saturday, Sunday and all public holiday as follows:
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Table 81: Deputy Recovery Manager Stand-by Allowance (EPA)
Date of effect Night Rate Day/Night Rate
1 July 2024 $62.67 $125.34
1 July 2025 $64.86 $129.72
1 July 2026 $67.13 $134.26
1 July 2027 $69.48 $138.96
(c) If activated, After-hours, an Employee engaged in the DRM function will also be
paid Overtime for the hours worked at the appropriate penalty rate.
State Agency Commander (SAC) VPS6.2
(a) The State Agency Commander (SAC) exercises command of all EPA Incident
Response staff and provides advice to the State Response Controller and EPA
Executive On Call on readiness, capability and operational activity. The SAC will
also:
(i) while on stand-by, at all times be available for either immediate response
and/or recall to work;
(ii) while on stand-by, receive any significant notifications from the SDO, and if
required will receive command of EPA’s response from the SDO;
(iii) when activated, organise any EPA additional stand-by resources required to
handle the Incident; and
(iv) when activated, ensure the effective coordination of EPA’s response to the
Incident on a 24-hour basis for the days rostered or until the event is
deescalated to regional command and control.
(b) An Employee rostered to perform the SAC function will be paid an allowance for
being on stand-by, including Saturday, Sunday and all public holiday as follows:
Table 82: State Agency Commander – Stand-by Allowance (EPA)
Date of effect Night Rate Day/Night Rate
1 July 2024 $62.67 $125.34
1 July 2025 $64.86 $129.72
1 July 2026 $67.13 $134.26
1 July 2027 $69.48 $138.96
(c) If activated, during After-hours, the SAC will also be paid Overtime at the
appropriate penalty rate for the hours rostered.
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Deputy State Agency Commander (DSAC) VPS5.2
(a) The Deputy State Agency Commander (DSAC) assists the SAC in the coordination
and management of specific segments of an Incident for which the SAC retains
overall responsibility. The DSAC also:
(i) be on stand-by alongside the SAC, ready to be mobilised for immediate
support and/or to take command of designated aspects of the Incident;
(ii) maintain constant communication with the SAC to receive updates and
directives, ensuring aligned and effective response strategies;
(iii) when activated, coordinate resources and people assigned to their
designated segment of the Incident, managing the response efforts within
this scope;
(iv) ensure comprehensive reporting and documentation of the Incident’s
progress and response activities within their assigned area, providing
regular updates to the SAC.
(b) An Employee rostered to perform the DSAC function will be paid an allowance for
being on stand-by, including Saturday, Sunday and all public holiday as follows:
Table 83: Deputy State Agency Commander stand-by allowance (EPA)
Date of effect Night Rate Day/Night Rate
1 July 2024 $62.67 $125.34
1 July 2025 $64.86 $129.72
1 July 2026 $67.13 $134.26
1 July 2027 $69.48 $138.96
(c) If activated, during After-hours, the DSAC will also be paid Overtime at the
appropriate penalty rate for the hours rostered.
Other Rates, Allowances and Terms
On Water Allowance
(a) An allowance will be paid to Employees for each hour aboard a vessel:
Table 84: On Water Allowance (EPA)
Date of effect Daily Allowance
1 Jul 2024 $7.25
1 July 2025 $7.50
1 July 2026 $7.76
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Date of effect Daily Allowance
1 July 2027 $8.03
Meals and Overtime Stays
Upon provision of receipts, EPA will reimburse all work-related expenses incurred by
Employees whilst undertaking rostered After-hours work in relation to an Incident.
Overseas Travel
(a) Upon provision of receipts, EPA will reimburse an Employee for reasonable work-
related expenses properly incurred by while engaged in work overseas.
(b) Where travel costs can be predicted, subject to approval by the EPA, an Employee
will be paid for 100% of the travel costs in advance of travel.
Paid Overtime
(a) For all stand-by roles, and unless otherwise specified in this Appendix, Overtime
payments shall be in accordance with this clause. The Overtime rates of payment
shall be in accordance with clause 46 of this Agreement.
(b) For all follow up work required, following the Initial Limited Response to a
communication, but which does not require the Employee to return to their usual
place(s) of work, or to attend any other required site(s), Overtime payments shall
be paid for the actual time worked. The minimum Overtime payment in clause
39.5(h) of this Agreement, does not apply to such follow up work.
(c) An Employee who is recalled to their usual place(s) of work or to any other
required site(s) shall be paid the minimum Overtime payment in clause 46.10 of
this Agreement, including time to travel to and from any required site(s) (or may
elect to receive time in lieu of payment for Overtime in accordance with clause
46.8 of this Agreement).
Fatigue Management
(a) Employees take regular breaks including 20-minute break every four hours of
work, where operational circumstances permit, and other rest breaks as detailed
in this Agreement. The people resource planning and assignment of work should
also consider integrating those breaks with the task so far as reasonably
practicable.
(b) Employees work no more than 14 hours in any given 24-hour period including
travel time.
(c) Employees have a clear 10-hour break without loss of pay between reaching their
place of rest and recommencing their journey to work the next day/shift.
(d) There should be at least one 48 hours clear break in every 14 days work period.
(e) In a 7-day continuous work period the total hours worked should not exceed 60
hours (including travelling when recalled to duty). If anyone has exceeded 60
hours, they must take a break of 48 hours without loss of pay before commencing
their next shift.
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(f) Incident Response stand-by periods should not exceed 7 consecutive days.
(g) Incident Response stand-by periods should not be more frequent than 1 week in
every 3 weeks.
(h) Incident Response planned night shifts are no more than 4 consecutive nights and
are preceded by 24 hours rest break (where reasonably practicable) and followed
by a 24-hour rest break before returning to normal work hours.
Fatigue Management Leave
(a) Fatigue Management Leave provides eligible employees with additional time off;
to manage the effects of accumulated fatigue after performing their usual work
while also being rostered on standby after hours to respond to incident
management.
(b) Once an employee has been rostered on the standby roster for six weeks (subject
to 7.6 e) within a Fatigue Management Leave Period, they will be entitled to 5.0
days (38.0 hours) of Fatigue Management Leave.
(c) The Fatigue Management Leave accrual period commences 1 July and concludes
30 June the following year and is capped at 5.0 days (38.0 hours) for each Fatigue
Management Leave Period.
(d) Accrued Fatigue Management Leave must be taken no later than 3 months after
the beginning of the next financial year. Unused Fatigue Management Leave
expires on 30 September and does not accrue or carry over from one Fatigue
Management Leave period to the next.
(e) Employees must be on stand-by at least five of the seven days for each of the 7-day
rostered period to contribute towards the fatigue management leave (pro rata for
part-time employees).
(f) Fatigue Management Leave is to be taken at a time agreed by the Employer and
Employee.
(g) The Employer is committed to supporting Employees to use their Fatigue
Management Leave before it expires.
(h) Leave loading does not apply to Fatigue Management Leave.
(i) Fatigue Management Leave is recorded and managed in the same system as other
leave.
Environnent Protection Officer (EPO) Progression
Environment Protection Officers will receive a work value range increase from VPS3.1
to VPS3.2, effective from the date they are appointed as an Authorised Officer.
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Annual Leave – Shift Workers – Additional Leave – Optional
Payment
The payment for eligible Shift Workers of the fifth week of annual leave is provided
through clause 50.2(c), Section I of this Agreement (Annual Leave).
Shift Allowances – Saturday and Sundays
In the Department of Families, Fairness and Housing, the Employer will pay a Shift
Worker who is rostered to work ordinary hours on a Saturday or Sunday, excluding a
Public Holiday, an allowance of 75 per cent of the ordinary hourly rate for each hour of
ordinary duty performed. This clause does not apply to CYF classified employees at
Secure Care Services who instead receive Shift Allowances in accordance with clause 26
of this Appendix.
Time Recording
Employees, who are required to, will record the hours worked in the manner and form
determined by the Employer. This provision shall not be used to avoid an obligation,
where it exists, to pay the relevant overtime payments under clause 46, Section I of this
Agreement (Overtime).
Leave at Half Pay
The Employee may apply for annual leave, personal leave, parental leave, compassionate
leave or long service leave at half pay. Employer approval for such leave arrangements
will be subject to capacity to maintain workplace activities in the Employee’s absence.
Any public holiday that falls during a period of leave on half pay will be paid at full pay.
Overtime (Child and Dependent Care), Sleepover and Court
Allowances
Child care expenses will be in accordance with clause 48, Section I of this Agreement
(Child Care), excepting if an Employee is given short notice of the requirement to work
overtime. The Employer will give consideration to reasonable requests to reimburse the
Employee for dependent care expenses.
Appendix 4 Department of Families, Fairness and Housing
Part 1 General
1.
2.
3.
4.
5.
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Court Allowance
(a) An Employee who has been placed on stand-by to make themselves available to
attend court on departmental business at a time they are not rostered to work or
outside their normal contracted hours shall be paid an allowance as per the table
below irrespective of the cancellation, deferral or subsequent notice that they do
not need to attend at that time:
Table 85: Court Allowance (DFFH)
Date of effect Daily Allowance
1 May 2024 $61.65
1 May 2025 $63.50
1 May 2026 $65.40
1 May 2027 $67.35
Child care expenses will be in accordance with clause 48, Section I of this
Agreement (Childcare)
(b) The Employer shall pay the Employee in accordance with clause 46, Section I of
this Agreement (Overtime) for work performed while on stand-by for court.
Sleepover Allowance
(a) Where the Employer may require an Employee to sleep over in a client residential
setting, the Employee will be paid an allowance per sleep over on or after the
effective date at the rates specified in the following table:
Table 86: Sleepover Allowance (DFFH)
Date of effect Daily Allowance
1 May 2024 $112.00
1 May 2025 $115.35
1 May 2026 $118.80
1 May 2027 $122.35
(b) Where an Employee who works twelve hours in addition to a sleepover within any
24-hour period, is entitled to three hours off duty prior to recommencing. An
Employee not so released shall be paid in accordance with clause 46, Section I of
this Agreement (Overtime) for all time that is spent working in excess of 21 hours.
(c) A sleepover period shall not commence prior to 10:00pm or extend beyond
7:00am; and an Employee must not unreasonably refuse to work sleepover. An
Employee is not required to sleepover outside the normal hours of duty except by
mutual agreement between the Employee and the Employer.
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(d) Payment of a sleepover allowance constitutes total compensation for any
intermittent duty in connection with sleepover duty to a total of one hour’s
duration. The Employer shall pay the Employee in accordance with clause 46,
Section I of this Agreement (Overtime) for work performed after the first hour of
recall to duty during a sleepover shift.
Stand-by/ Recall Allowance
The payment of stand-by/recall allowances is provided through clause 39.5, Section I
of this Agreement (Stand-by/Recall Allowance) and with the allowance rates set out in
clause 39.5(e), Section I of this Agreement (Stand-by/Recall Allowance).
Clothing Allowance
Employees who are ongoing employees and are employed in the following streams,
classifications, programs and/or areas will be entitled to a clothing allowance in
accordance with this clause:
(a) Child Protection Practitioner (CPP) stream;
(b) Children, Youth and Families (CYF) stream;
(c) Employees in the Child Protection Practitioner (CPP) stream or the Children, Youth
and Families (CYF) stream employed at Hurstbridge Farm;
(d) The department’s Young People's Outreach Team (formerly Streetworks);
(e) Secure Care Services programs;
(f) Housing program Employees who are employed as:
(i) Housing Services Officers;
(ii) Field Services Officers;
(iii) Team Leaders;
(iv) Team Managers; and
(v) Any other relevant Housing Employee required to undertake field
operations.
An annual allowance, pro rata for part-time Employees, will be paid to relevant
Employees set out in clause 7.1 over the life of the Agreement as follows:
Table 87: Schedule of Clothing Allowance payment (DFFH)
Date of Clothing Allowance payment Amount
1 July 2024 $650
1 July 2025 $650
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Date of Clothing Allowance payment Amount
1 July 2026 $650
1 July 2027 $650
The purpose of this clothing allowance is to ensure relevant Employees are provided
with the means to purchase suitable clothing and protective equipment appropriate for
their role.
Nothing in this clause prevents the Employer from requiring Employees to purchase
particular clothing items or specific protective equipment the Employer considers
necessary for Employees to perform their role.
Application
All provisions apply to both the Child Protection Practitioner stream as described at
Clause 22 and the Children, Youth and Families stream of the Child Protection
Practitioner structure as described at Clause 20 unless specifically mentioned
otherwise.
Child Protection Practitioner Structure
The Child Protection Practitioner adaptive structure has two streams - the Children,
Youth and Families (CYF) stream and the Child Protection Practitioner (CPP) stream. The
classification structure and descriptors and associated arrangements applying to each of
the streams are detailed in:
(a) Part 3 of this Appendix in the case of the Children Youth and Families (CYF)
Stream, and
(b) Part 4 of this Appendix in the case of the Child Practitioner (CPP) Stream.
Rural After Hours Stand-By
An Employee employed in Rural After Hours Child Protection Services shall be paid,
in lieu of the allowances in specified in clause 39.5, Section I of this Agreement (Stand-
by/Recall Allowance), an allowance for performing work outside ordinary working
hours as part of formal rostered stand-by and being available to return to duty to
respond to ‘call-outs’ within a specified maximum period of time for a night period or for
a day/night period (weekends and public holidays) with effect from the first pay period
on or after the commencement date at the rates specified in the following table:
7.3
7.4
Part 2 Child Protection
8.
9.
9.1
10.
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Table 88: Rural After Hours Stand-by
Date of effect Per night Per day/night
1 May 2024 $98.00 $147.35
1 May 2025 $100.95 $151.75
1 May 2026 $104.00 $156.30
1 May 2027 $107.10 $161.00
The Employer shall pay the Employee in accordance with clause 46, Section I of this
Agreement (Overtime) for all work performed during a recall to duty.
The Employee rostered on stand-by/recall duty must be contactable by telephone and
must be available to return to duty to attend for work within a reasonable time as agreed
between the Employer and the Employee.
The Employer must reimburse the Employee for the cost of telephone calls made in the
course of stand-by/recall duty.
Ten Hour Break
The Employer must grant an Employee a ten hour break:
(a) in the Child Protection Practitioner stream – between completing a shift and
commencing a further period of duty for which the Employee has expressly been
recalled.
(b) in the programs covered by the Children, Youth and Families stream –
between completing a shift and commencing a further period of duty for which the
Employee has expressly been recalled.
Notwithstanding clause 11.1 above, the Employer may recall the Employee to return to
duty before the expiration of the ten hour break. In these circumstances, the Employer
must pay the Employee in accordance with clause 46, Section I of this Agreement
(Overtime), save that the rate shall be time and a half of the Employee’s hourly rate for
the first three hours and, for all time worked after the first three hours, at double time,
until the commencement of the break.
The following provisions also apply:
(a) The roster, including starting times, will not be changed because a ten hour break
has not occurred.
(b) If an Employee commences work later than their rostered time in order for the ten
hour break to be observed, they will be paid including all appropriate payments
for the whole shift (including any over runs), from the commencement of their
rostered shift time.
(c) In addition to clause 11.3(b) above, where an Employee works five hours of
overtime in addition to a normal period of rostered duty, the Employer may direct
10.2
10.3
10.4
11.
11.1
11.2
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the Employee off all or part of the next day’s shift with no monetary disadvantage
to the Employee having regard to occupational health and safety obligations and
Employee well-being.
Night Shift Allowance
Where an Employee, including a part-time Employee, in the CPP or CYF stream is
required to perform shift work on a night shift commencing on or after 8:00 pm and
before 6:00 am on any day Monday to Friday inclusive (except a public holiday) shall
receive either:
(a) a night shift allowance at the rate of 20 per cent of the appropriate hourly rate for
each hour of duty shall apply as per the allowance specified at clause 43.2(a),
Section I of this Agreement (Shift Work), or
(b) a night shift allowance at the rate of 35 per cent of the appropriate ordinary hourly
rate for each hour of duty shall apply in lieu of the 30 per cent allowance specified
at clause 43.2(b), Section I of this Agreement (Shift Work) for night shift worked
continuously for a period exceeding four weeks.
Subject to this clause 43.2(b), Section I of this Agreement, overtime continues to apply.
This clause does not apply to CYF classified employees at Secure Care Services who
instead receive Night Shift Allowance in accordance with clause 26 of this Appendix.
Overtime and Additional Leave
This clause operates to the exclusion of the clause 46.6 and clause 46.7(b), Section I of
this Agreement (Overtime), as follows:
(a) Employees in CPP Grade 2, CPP Grade 3, CPP Grade 4 and CPP Grade 5 must be
paid at the appropriate overtime rate specified in clause 46.7, Section I of this
Agreement (Overtime) based on the Employee’s salary;
(b) in the programs covered by the Children, Youth and Families (CYF) stream in CYF
Grade 1, CYF Grade 2, CYF Grade 3, CYF Grade 4 and CYF Grade 5 must be paid at
the appropriate overtime rate specified in clause 46.7, Section I of this Agreement
(Overtime) based on the Employee’s salary.
(c) Employees in CPP Grade 6 must be paid at the appropriate overtime rate specified
in clause 46.6, Section I of this Agreement (Overtime) based on the Employee’s
salary up to four (4) hours per week in addition to their salary paid for ordinary
hours of work. Alternatively, Employees in CPP Grade 6 may request time in lieu
of payment and this time will accrue as specified in clause 46.8, Section I of this
Agreement.
At the end of each calendar year, the Employer must grant five days Additional Leave
to Employees in the Child Protection Practitioners Structure in the following
circumstances:
(a) in metropolitan regions and in rural regions, for Employees classified in CPP Grade
2, CPP Grade 3, CPP Grade 4, CPP Grade 5 and CPP Grade 6;
12.
12.1
12.2
12.3
13.
13.1
13.2
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(b) in the programs covered by the Children, Youth and Families (CYF) stream in CYF
Grade 2, CYF Grade 3, CYF Grade 4, CYF Grade 5 and CYF Grade 6.
This leave entitlement must be taken by the end of the calendar year following the
calendar year in which it was accrued and must be taken at a time convenient to the
needs of the Employer and Employee.
Unless otherwise agreed or where exceptional circumstances exist (including reasons
related to COVID-19), the Employee may be directed to take leave, in accordance with
clause 13.5 of this Appendix.
Where an Employee’s additional five days are not taken in accordance with clause 13.3
of this Appendix then, the Employer and Employee must genuinely try to agree upon
steps that will be taken to utilise the remaining additional leave. If agreement can not be
reached then the Employer may direct that leave to be taken within the calendar year
after it was due to be taken in accordance with clause 13.3 of this Appendix.
Additional Leave accrued according to this clause will only accrue at the rate of an
Employee’s contracted ordinary hours. Full-time Employees will only be entitled to
accrue a maximum of 38 hours per annum.
Part-time Employees will accrue Additional Leave on a pro rata basis according to their
contracted ordinary hours only.
Additional Leave accrued according to this clause will only be paid at the Employee’s
ordinary hourly rate of pay, and will not include any shift allowances, overtime, leave
loading or any other additional allowances.
Professional Development Leave
This clause applies to Employees in the following classifications:
(a) in metropolitan regions and in rural regions, Employees classified in CPP Grade 2,
CPP Grade 3, CPP Grade 4, CPP Grade 5 and CPP Grade 6;
(b) in the programs covered by the Children, Youth and Families (CYF) stream, to
Employees classified in CYF Grade 3, CYF Grade 4, CYF Grade 5 and CYF Grade 6.
Employees in the classifications listed above must actively pursue professional
development activities that allow them to maintain knowledge in their current area of
expertise in Child Protection/the programs covered by the CYF stream (as applicable)
and to improve their knowledge, experience and competence.
To undertake appropriate professional development to meet performance standards,
Employees in the classifications listed above shall be entitled to up to 38 hours paid
professional development leave per calendar year (pro rata for part-time employees).
Professional development leave may be used for mandatory and/or appropriate internal
or external professional development training endorsed by the Employee’s line manager
and approved by the Employer.
Professional development leave does not accumulate from year to year.
13.3
13.4
13.5
13.6
13.7
13.8
14.
14.1
14.2
14.3
14.4
14.5
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Single Day or Shift Higher Duties
Despite clause 39.3 of this Agreement, the Employer may direct any Employee in the
Child Protection Practitioner Stream or the Children, Youth and Families Stream to
undertake all or part of the duties of a higher classified position for a single day or shift.
Where clause 15.1 applies, the Employee will be paid a Higher Duties Allowance for the
entirety of the single day or shift at the rate of the base of the Grade or Value Range of
the position of which the Employee performed the higher duties.
Child Protection Consultative Committee
The parties agree to establish a Child Protection Consultative Committee (CPCC) within
six months of the Agreement being approved by the Fair Work Commission.
The CPCC will comprise of representatives nominated by the CPSU and the Employer.
The Employer’s representatives will comprise of management representatives from the
Child Protection Intake, Response and Investigation, Case Management and Case
Contracting streams (or their successors) and a representative from People and Culture.
Noting that both parties are committed to working through issues, with a genuine goal
of reaching mutually acceptable outcomes, it is intended that the CPCC established under
this clause will be a forum for the constructive resolution of issues including, but not
limited to:
(a) systemic and/or thematic industrial issues arising in the Intake, Response and
Investigation, Case Management and Case Contracting streams (or their
successors); and
(b) any issues arising with the implementation of changes to the Child Protection
Operating Model (CPOM) excluding the Employer’s Statewide After-Hours
Program.
Detailed Terms of Reference for the CPCC will be developed and agreed to by both
parties.
Child Protection After-Hours Service Consultative Committee
The parties agree to establish a Child Protection After Hours Service Consultative
Committee (AHSCC) within six months of the Agreement being approved by the Fair
Work Commission.
The AHSCC will comprise of representatives nominated by the CPSU and the Employer.
The Employer’s representatives will comprise of management representatives from the
Statewide Child Protection After Hours Service and a representative from People and
Culture.
Noting that both parties are committed to working through issues, with a genuine goal
of reaching mutually acceptable outcomes, it is intended that the AHSCC established
under this clause will be a forum for the constructive resolution of issues including, but
not limited to:
15.
15.1
15.2
16.
16.1
16.2
16.3
16.4
17.
17.1
17.2
17.3
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(a) systemic and/or thematic industrial issues arising in the Statewide Child
Protection After Hours Service (or its successor); and
(b) any issues arising with the implementation of changes to the Child Protection
Operating Model (CPOM) including rural based staff and teams.
In relation to clause 17.3(b) above, the parties agree that should the AHSCC be advised
of safety issues or concerns resulting from the implementation of new rosters for rural
based staff and teams, as part of a new Child Protection operating model, then the AHSCC
will engage a mutually agreed external reviewer to provide advice to the AHSCC on those
rosters.
Detailed Terms of Reference for the AHSCC will be developed and agreed to by both
parties.
To remove any doubt, should the parties be unable to resolve a matter discussed by the
AHSCC, either party may raise a dispute under clause 13 Resolution of Disputes of this
Agreement.
Hurstbridge Farm Consultative Committee
The parties agree to establish a Hurstbridge Farm Consultative Committee (HFCC)
within six months of the Agreement being approved by the Fair Work Commission.
The HFCC will comprise of representatives nominated by the CPSU and the Employer.
The Employer’s representatives will comprise of management representatives from
Hurstbridge Farm and a representative from People and Culture.
Noting that both parties are committed to working through issues, with a genuine goal
of reaching mutually acceptable outcomes, it is intended that the HFCC established under
this clause will be a forum for the constructive resolution of issues including, but not
limited to systemic and/or thematic industrial issues arising at Hurstbridge Farm (or its
successor).
Detailed Terms of Reference for the HFCC will be developed and agreed to by both
parties.
Child Protection Practitioner Retention Allowance
Employees in the Child Protection Practitioner (CPP) stream who meet the eligibility
criteria specified in this clause will be paid a Child Protection Practitioner Retention
Allowance as set out in this clause.
The eligibility criteria to receive this allowance is that Employees in the Child Protection
Practitioner (CPP) stream must:
(a) Be substantively employed in CPP Grade 3, CPP Grade 4, CPP Grade 5, and CPP
Grade 6; and
(b) Be substantively employed in the Department’s Statewide Child Protection After
Hours Service (or its successor) or be substantively employed in one (1) of the
following departmental division areas:
17.4
17.5
17.6
18.
18.1
18.2
18.3
18.4
19.
19.1
19.2
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(i) Goulburn;
(ii) Inner Gippsland;
(iii) Mallee;
(iv) Outer Gippsland;
(v) Ovens Murray; or
(vi) Wimmera South West; and
(c) Primarily reside in one (1) of the departmental division areas listed in clause
19.2(b) above; and
(d) Have met all of the conditions set out in 19.2(a), 19.2(b) and 19.2(c) above at the
relevant time the allowance is payable as set out in clause 19.3 below.
Employees eligible for the Child Protection Practitioner Retention Allowance will be paid
the allowance, pro rata for part-time employees, as follows:
Table 89: Schedule of Child Protection Practitioner Retention Allowance (DFFH)
Date of Allowance payment Amount
1 January 2025 $2,500
1 July 2025 $2,500
1 January 2026 $2,500
1 July 2026 $2,500
1 January 2027 $2,500
1 July 2027 $2,500
Child Protection Practitioner Structure – Children, Youth and
Families (CYF) Stream
The following applies:
(a) This stream covers program Employees in Secure Care Services, Youth Justice
Community Based, Refugee Minor Program, Family Information Networks and
Discovery, Inter Country Adoption, Placement Prevention Services, Placement
Coordination units and Placement Support Services, Local Adoption and
19.3
Part 3 Child Protection Practitioner Structure - Children,
Youth and Families Stream - Non-VPS Aligned
Adaptive Structures and Classification Descriptors
20.
20.1
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Permanent Care Teams, Quality of Care, Residential Care Services, or their
successors.
(b) Progression within the CYF Grades 1 to 4 is through set progression steps as in
Table 92.
(c) Progression within the CYF Grades 5 and 6 is through set progression amounts as
occurs with equivalent VPS classifications.
(d) If a Diploma Level qualification is mandated for CYF Grade 2, the minimum salary
is CYF Grade 2.1. If a relevant degree level qualification is held, the entry rate will
be CYF Grade 2.3.
To avoid future salary overlaps with CYF Grade 5, any Employee with a salary exceeding
CYF 4.6 at $82,951 (rate as at 1 October 2012) as adjusted by the premium and by future
base pay increases will be paid as a salary maintenance payment for any excess amount
over CYF 4.6 at $82,951 (rate as at 1 October 2012) as adjusted by the premium and by
future base pay increase.
The Children, Youth and Families Structure is set out in Table 92 below. The Children,
Youth and Families classification and Value Range Descriptors are detailed in Clause 21
of this Appendix.
Employees classified as CYF Grade 4.7 and Grade 4.8 at the date of commencement of
this Agreement will be reclassified as CYF Grade 4.6 with no change to salary or
employment conditions other than as set out in this Agreement. To remove any doubt,
any Employee reclassified as a result of this clause will not suffer any disadvantage
because of the reclassification.
Employees classified as CYF Grade 1 level in Secure Care Services at the date of
commencement of this Agreement will be reclassified to CYF Grade 2 as follows, in
accordance with the salaries as set out in Table 93 of this Appendix:
Table 90: Secure Care Services reclassification of CYF Grade 1 to CYF Grade 2
Pre-Commencement Commencement of Agreement
CYF 1.1 CYF 2.1
CYF 1.2 CYF 2.2
CYF 1.3 CYF 2.3
CYF 1.4 CYF 2.4
CYF 1.5 CYF 2.5
All new entry level Employees employed in Secure Care Services on or after the date of
commencement of this Agreement shall be classified at the Children, Youth and Families
(CYF) Grade 2 level.
Employees classified as CYF Grade 3 level in Secure Care Services at the date of
commencement of this Agreement will be reclassified to CYF Grade 4 as follows, in
accordance with the salaries as set out in Table 92 of this Appendix:
20.2
20.3
20.4
20.5
20.6
20.7
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Table 91: Secure Care Services reclassification of CYF Grade 3 to CYF Grade 4
Pre-Commencement Commencement of Agreement
CYF 3.1 CYF 4.1
CYF 3.2 CYF 4.2
CYF 3.3 CYF 4.3
CYF 3.4 CYF 4.4
Table 92: Child Protection Practitioner Structure – Children, Youth and Families (CYF) stream
Children,
Youth and
Families
(CYF) stream
CYF
Pay point
1 May 2024 1 May 2025 1 May 2026 1 May 2027
Children
Youth and
Families
Grade 1
CYF 1
1.1 $60,296 $62,105 $63,968 $65,887
1.2 $63,967 $65,886 $67,863 $69,899
1.3 $67,641 $69,670 $71,760 $73,913
1.4 $71,313 $73,452 $75,656 $77,926
1.5 $72,534 $74,710 $76,951 $79,260
Children
Youth and
Families
Grade 2
CYF 2
2.1 $72,721 $74,903 $77,150 $79,465
2.2 $73,755 $75,968 $78,247 $80,594
2.3
Degree
$80,111 $82,514 $84,989 $87,539
2.4 $81,854 $84,310 $86,839 $89,444
2.5 $85,901 $88,478 $91,132 $93,866
2.6 $89,292 $91,971 $94,730 $97,572
Children
Youth and
Families
Grade 3
CYF 3
3.1 $91,836 $94,591 $97,429 $100,352
3.2 $96,073 $98,955 $101,924 $104,982
3.3 $97,954 $100,893 $103,920 $107,038
3.4 $103,302 $106,401 $109,593 $112,881
Children
Youth and
Families
Grade 4
CYF 4
4.1 $104,544 $107,680 $110,910 $114,237
4.2 $106,744 $109,946 $113,244 $116,641
4.3 $108,944 $112,212 $115,578 $119,045
4.4 $111,141 $114,475 $117,909 $121,446
4.5 $113,022 $116,413 $119,905 $123,502
4.6 $115,355 $118,816 $122,380 $126,051
Children
Youth and
Families
Grade 5
CYF 5
CYF 5.1 Base $115,357 $118,818 $122,383 $126,054
CYF 5.1 Max $121,247 $124,884 $128,631 $132,490
Progression
amt
$3,289 $3,388 $3,490 $3,595
CYF 5.2 Base $121,250 $124,888 $128,635 $132,494
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Children,
Youth and
Families
(CYF) stream
CYF
Pay point
1 May 2024 1 May 2025 1 May 2026 1 May 2027
CYF 5.2 Max $132,764 $136,747 $140,849 $145,074
Progression
amt
$3,289 $3,388 $3,490 $3,595
Children
Youth and
Families
Grade 6
CYF 6
CYF 6.1 Base $134,593 $138,631 $142,790 $147,074
CYF 6.1 Max $157,354 $162,075 $166,937 $171,945
Progression
amt
$4,153 $4,278 $4,406 $4,538
CYF 6.2 Base $157,355 $162,076 $166,938 $171,946
CYF 6.2 Max $180,117 $185,521 $191,087 $196,820
Progression
amt
$4,153 $4,278 $4,406 $4,538
Note: CPW4 who translated to the new CYF stream as CYF4 on 5 November 2012 were translated
with salary maintenance. That is, for those existing staff who translated they have the ability to
progress through to the top of the salary range as if the change had not occurred. This principle
was also applied for YJW1 staff at Secure Care Services who transferred to the new CYF1 on 5
November 2012.
Note: a CYF supervisor will not be paid less than an Employee they supervise.
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Child Protection Practitioner - Children, Youth & Families Stream – Classifications and Standard Descriptors
Jobs in this structure support some of the department’s Youth Justice and Child Protection programs, as detailed below.
Youth Justice and Child Protection form part of the same service delivery system in Victoria. This is because they are both governed by the same legislation: The
Children, Youth and Families Act 2005 (Vic) (The Act – CYFA). The Act outlines its purposes as:
• to provide for community services to support children and families; and
• to provide for the protection of children; and
• to make provision in relation to children who have been charged with, or who have been found guilty of, offences; and
• to continue The Children's Court of Victoria as a specialist court dealing with matters relating to children.
The Act sets out the statutory roles of the Department in youth justice and child protection. A key role of these Employees is exercising legal delegations and
functions pursuant to the Act and other related acts. A brief explanation of each of the programs is provided below.
Youth Justice Community Based Programs
Within the legal mandate provided by the CYFA, community-based regional youth justice units:
• provide supervision to young people who have been sentenced and placed on community – based orders (10 – 18 year olds), and those who are paroled
as part of their custodial sentence (10 – 20 year olds) and bail supervision
• provide information and advice to courts about young people
• advocate for service access and provision that will optimise the chances of young people on juvenile justice orders to continue their lives with reduced
risks of re-offending. Each departmental region has a community-based youth justice unit.
Child Protection Programs
Refugee Minor Program
Employees in this program provide support to children and young people who are humanitarian refugees referred by the Commonwealth department
responsible for immigration. The legislation that pertains to refugee minors is the Immigration (Guardianship of Children) Act 1946 (Cth).
Refugee minor workers:
21.
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• exercise guardianship on behalf of the Commonwealth for children and young people in the program;
• assist children, young people and their carers to address their trauma and support needs.
Family Information Networks and Discovery
Employees in the Family Information Networks and Discovery:
• release confidential Victorian adoption and wardship information to adopted people and former wards, and their families in accordance with the
Adoption Act 1984 (Vic) and the Freedom of Information Act 1982 (Vic)
• assist clients to locate and contact family members from whom they've been separated due to adoption and/or wardship, and
• provide clients with mediation, short-term counseling and referral services as appropriate.
Inter-country Adoption Service
Employees in the Inter-country Adoption Service assess potential adoptive parents and liaise with overseas agencies that match children with Victorian adoptive
parents. Support and supervision are also provided to children from other countries placed with Victorian families under the Adoption Act 1984 (Vic).
Placement Prevention Services
Placement Prevention Services provides specialist case management and support services to children and young people living at home or independently, who
are at risk of significant harm or abuse, or statutory clients in need of additional case support, including:
• Intensive Case Management funds multidisciplinary, intensive case management and youth outreach services targeted at young people 12 to 18 years
not in out of home care
• Family Preservation Services funds intensive, short-term service aimed at strengthening the ability of families to protect and care for their ‘at risk’
children, thereby avoiding the removal of the child, and
• Innovative Support Services funds region-specific models of support developed to meet the needs of clients.
Placement Coordination Units and Placement and Support Services
Placement Coordination Units are regionally based staff who co-ordinate placements of clients with funded community service organisations (CSOs), in liaison
with the relevant child protection practitioner.
Placement and Support Services manage the relationship with the community service organisations (CSOs) for the provision of the various services
Adoption and Permanent Care Teams
Some regions have specialised Adoption and Permanent Care teams that provide case management and support to children and young people in their transition
to a placement in long term out of home care. Permanent Care refers to an order under the Act that transfers legal guardianship from parents or the department
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to persons assessed as being suitable guardians. The role of Adoption and Permanent Care is to assess potential carers, seek appropriate placement, make an
application for a Permanent Care Order to the Children’s Court and supervise such orders as required. In the context of Adoption, Adoption and Permanent Care
teams assess potential adoptive parents, make applications to the County Court under the Adoption Act 1984 (Vic), and provide support to children placed under
this legislation.
Quality of Care
The Act – CYFA creates a shared mandate for the Department, community service organisations (CSOs) and out-of-home carers to act in the best interests of the
child or young person regional quality of care coordinators coordinate a timely and effective response to quality of care concerns. The responsibilities of these
coordinators include:
• regional coordination of investigation of quality of care concerns relating to home-based care, residential care and kinship care
• overseeing and participating in formal care reviews undertaken by relevant CSOs
• ensuring a robust process of the implementation of recommendations of investigations
• maintaining the regional quality of care tracking system and analysing regional quality of care data to identify themes and develop appropriate
responses
• consolidating and strengthening a collaborative approach between Child Protection and CSOs in responding to quality of care concerns
Residential Care Services
The Department currently has one site that directly provides placements to clients under a therapeutic care model. This is Hurstbridge Farm.
Secure Care Services
Secure Care Services provide care to young people in a lock up facility. Employees provide direct care and support to young people placed in Secure Care under
the Act. This involves assisting in the case planning process and transitioning of the young person to an appropriate placement. Secure Care placements are time
limited (21 days with the option of another 21 days in exceptional circumstances). Secure Care placements are utilised when it is assessed that a young person
poses a significant risk to themselves or others and short term containment is required. There are two Secure Care facilities in Victoria.
Note: Children, Youth and Families Stream (CYF) Grade and Value Range Descriptors reflects the underpinning work value anchors for the function. If the descriptors reference
the VPS Grade and Value Range Descriptors, the Children, Youth and Families Stream (CYF) descriptors are to be read in conjunction with them.
The primary classification reference at Children, Youth and Families Stream is operational service delivery with the VPS Grade and Value range descriptors serving as a
framework for the other elements of work value at CYF Grade 5 and CYF Grade 6.
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Table 93: Children, Youth and Families Stream Classifications and Standard Descriptors
Table 93.1: Child Protection Practitioner Structure - Children, Youth and Families Stream (CYF)
Classifications and Standard Descriptors - Grades 1 to 4
Grade Descriptors Grade 1 Grade 2 Grade 3 Grade 4
General:
Provides basic client care and support
Works within a well-defined environment
under close supervision
Provides standard services
under general supervision
within a defined service
delivery framework
Provides standard services
within a service delivery
framework
Manages delivery of services to
clients within a service delivery
framework
Provides professional services at
an advanced level in the field of
expertise
Program Specific:
Typically a case aide in regional Youth
Justice Community Units and Child
Protection programs, as listed above
Typically in Secure Care Services, a worker
providing either direct care, client
supervision or support
Typically a base grade case
manager/practitioner in
regional Youth Justice
Community-Based Units
Typically a base grade case
manager/practitioner in Child
Protection programs, as listed
above
Typically in Secure Care
Services, a shift supervisor of
residential direct care staff
Typically a senior practitioner
in regional Youth Justice
Community-Based Units
Typically a senior case
manager/practitioner in Child
Protection programs, as listed
above
Typically in Secure Care
Services, a unit coordinator
Typically a program manager in
regional Youth Justice
Community-Based Units
Typically a team leader or
specialist practitioner in Child
Protection programs, as listed
above
Typically in Secure Care
Services, a manager of a
residential unit
Decision Making All Employees exercise legal delegations and functions pursuant to the Children, Youth and Families Act 2005 (Vic) and other related acts. Specific
delegations and functions are determined by the role and work environment in combination (as specified in job descriptions).
Operational Service
Delivery
Works with clients in a range of settings
Prioritises own work program with
guidance from the supervisor
Works within a defined
framework
Works with clients and their
families in a range of settings
Undertakes more complex and
advanced casework with
greater autonomy
Manages a team of practitioners
Manages the work organisation,
resources and outputs for the
work area
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Table 93.1: Child Protection Practitioner Structure - Children, Youth and Families Stream (CYF)
Classifications and Standard Descriptors - Grades 1 to 4
Grade Descriptors Grade 1 Grade 2 Grade 3 Grade 4
Supervises client activities as defined by
case plans
Works as a caseworker
involved in the care, support
and supervision of clients
Assesses the level of risk for
clients and their families
Responds to a variety of case
circumstances
Presents matters to courts and
tribunals as required
Participates in the development
and review of case plans
Plans and prioritises own work
to achieve defined targets
Refers complex cases and issues
to more senior professional
staff
Provides professional
supervision
Provides authoritative advice on
service delivery issues
Reviews assessments and
recommendations proposed by
others
Develops and manages client
case plans
Manages highest risk cases
including undertaking
appropriate cross agency
collaboration
Assesses notifications and
initiates appropriate action
Accountability and
Frameworks
Provides direct client support and
supervision services
Maintains accurate client records of a
limited nature
Selects and applies a variety of work
practices and techniques common to the
work area
Refers complex problems to the supervisor
for resolution
Responsible for monitoring and
implementing case plans, and
protective orders
Recommends appropriate
interventions
Selects from a variety of
techniques, systems, methods
or procedures
Coordinates case management
services
Mentors less experienced case
workers
Provides advice relating to
individual case plans to peers,
internal and external
stakeholders
Provides well developed
recommendations on
Responsible for the performance
of the team
Develops operational guidelines
for the work area
Makes decisions on intervention
strategies and client service
delivery
Contributes to program
development
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Table 93.1: Child Protection Practitioner Structure - Children, Youth and Families Stream (CYF)
Classifications and Standard Descriptors - Grades 1 to 4
Grade Descriptors Grade 1 Grade 2 Grade 3 Grade 4
Brief case support aides as
appropriate
intervention strategies and
client service delivery
Innovation and
Originality
Judgment is required to solve problems
arising in own work program
Takes initiative to recommend improved
processes in immediate work area
Exercises professional
judgment
Recommends improvement to
case management systems and
practices
Explores new ideas in response
to non-routine case issues and
problems and proposes changes
and solutions
Solves problems by applying
advanced judgment and
professional expertise
Solves problems by applying
initiative, sound judgment and
expertise drawing on a range of
professional networks
Explores new ideas to improve
program delivery
Communication Communicates effectively with clients, and
their families/guardians/caregivers
Prepares case notes for consideration of
others and routine correspondence as
required
Uses persuasion, advocacy,
negotiation and motivation
skills with clients, their families
and guardians
Liaises with other service
providers
Prepares client assessments,
case notes and plans, and
correspondence
Prepares client reports for
courts
Uses well developed
negotiation skills in pursuit of
coordinated client services
Provides specialised advice and
information to other
professionals
Prepares case reports and
correspondence at a more
advanced level
Provides professional advice
and opinions to professionals of
other disciplines on the services
being provided
Leads or participates in case
conferences with other
professionals
Prepares correspondence, drafts
submissions and briefings
Reviews court reports
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Table 93.1: Child Protection Practitioner Structure - Children, Youth and Families Stream (CYF)
Classifications and Standard Descriptors - Grades 1 to 4
Grade Descriptors Grade 1 Grade 2 Grade 3 Grade 4
Knowledge and
Proficiency
Understands and applies relevant
procedures, practices, guidelines and
legislation relating to the work area
Applies theoretical knowledge
and concepts to risk assessment
and service provision
Applies knowledge and
understanding of relevant
legislation
Applies understanding of
standards, techniques, and
practices and current trends
and approaches to service
provision
Exercises the analytical skills
and expertise of an established
professional
Applies knowledge and
expertise to complex situations
Provides authoritative advice
related to their clients to other
professionals and organisations
Understands contemporary
research and developments in
the field
Demonstrates an in depth
understanding of policies and
operational procedures in the
area of responsibility
Applies knowledge and
expertise to complex and
difficult cases and situations
Identifies and applies
appropriate research when
formulating appropriate
interventions
Applies knowledge to identify
gaps in case assessments
prepared by others
Table 93.2: Child Protection Practitioner Structure: Children, Youth and Families Stream (CYF)
Classifications and Standard Descriptors - Grades 5 and 6
Grade Descriptors Grade 5 Grade 6
VR1 VR2 VR1 VR2
General:
Manages a significant work unit
A senior regional program manager with a significant impact on
program management and delivery
Program Specific: Typically is a manager of a regional Youth Justice
Community-Based Unit in a minor region
Typically is a manager of a regional community-based Youth
Justice Unit in a major region
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Table 93.2: Child Protection Practitioner Structure: Children, Youth and Families Stream (CYF)
Classifications and Standard Descriptors - Grades 5 and 6
Grade Descriptors Grade 5 Grade 6
VR1 VR2 VR1 VR2
Typically a unit manager or project manager in Child Protection
programs, as listed above
Typically a manager of a Child Protection program, as listed above
Typically in Secure Care Services, a manager of the program
Decision Making All Employees exercise legal delegations and functions pursuant to the Children, Youth and Families Act 2005 (Vic) and other related acts.
Specific delegations and functions are determined by the role and work environment in combination (as specified in job descriptions).
Operational Service Delivery Manages a work unit comprised
of teams and/or special
projects/programs
Provides specialist program
advice
Provides advanced assessment
and advisory services
Provides leadership to team
leaders and case workers in
relation to the most challenging
issues
Contributes to major regional
projects and the review of
programs and services
Manages program or service
delivery activities with
increased budget, staff
responsibilities or sensitive or
complex issues
Authorises decisions in the
most sensitive/complex cases
Provides specialist professional
services or advice, including
leadership and guidance to
other specialists in the field
Manages and leads complex
projects
Provides program quality
assurance
Monitors professional
standards of others
Manages a regional statutory
service or facility
Develops service delivery
models for regional statutory
services
Provides highly specialist
services or expert advice on
statutory service delivery
Provides leadership and
guidance based on advanced
expertise
Develops complex or
specialised service delivery
models
Responsible for meeting service
objectives including financial,
quality and time related targets
for regional statutory programs
Accountability and
Frameworks
The VPSG 5 Non Executive Career Structure Classification and
Value Range Standard Descriptors apply
The VPSG 6 Non Executive Career Structure Classification and
Value Range Standard Descriptors apply
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Table 93.2: Child Protection Practitioner Structure: Children, Youth and Families Stream (CYF)
Classifications and Standard Descriptors - Grades 5 and 6
Grade Descriptors Grade 5 Grade 6
VR1 VR2 VR1 VR2
Innovation and Originality The VPSG 5 Non Executive Career Structure Classification and
Value Range Standard Descriptors apply
The VPSG 6 Non Executive Career Structure Classification and
Value Range Standard Descriptors apply
Communication The VPSG 5 Non Executive Career Structure Classification and
Value Range Standard Descriptors apply
The VPSG 6 Non Executive Career Structure Classification and
Value Range Standard Descriptors apply
Knowledge and Proficiency The VPSG 5 Non Executive Career Structure Classification and
Value Range Standard Descriptors apply
The VPSG 6 Non Executive Career Structure Classification and
Value Range Standard Descriptors apply
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Child Protection Practitioner Structure – Child Protection
Practitioner (CPP) Stream
The following applies:
(a) This stream covers program Employees including child protection intake,
response, case management and case contracting, or their successors.
(b) Progression within the CPP Grades 2 to 4 is through applying progression steps as
shown below in Table 94.
(c) Alignment of CPP Grades 5 and 6 is with VPS Grade salary and progression
amounts.
(d) Team Managers at CPP grade 5 will have the ability to advance from Value Range
1 to Value Range 2 as a progression outcome.
(e) Completion of a Diploma of Community Service or a Bachelors Degree in Social
Work or equivalent qualifications recognised by the Employer is a mandatory
requirement for entry into CPP Grade 3 or higher Grades, except for current
red-circled Employees.
(f) Any Employee with a Bachelor Degree in Social Work or equivalent qualifications
recognised by the Employer will commence at CPP 3.2.
The salary minimums referred to in Table 94 are referenced against the VPS structure
set out in Schedule C.
The Child Protection Practitioner classification and Value Range Descriptors are detailed
in clause 23 of this Appendix.
Table 94: Child Protection Practitioner Structure – Child Protection Practitioner Stream
Child
Protection
Practitioner
(CPP) Stream
CPP
Pay
point
1 May 2024 1 May 2025 1 May 2026 1 May 2027
Child
Protection
Practitioner
Grade 2
CPP 2
2.1 $60,915 $62,742 $64,624 $66,563
2.2 $63,290 $65,189 $67,145 $69,159
2.3 $65,670 $67,640 $69,669 $71,759
2.4 $68,045 $70,086 $72,189 $74,355
2.5 $70,419 $72,532 $74,708 $76,949
2.6 $72,795 $74,979 $77,228 $79,545
Part 4 Child Protection Practitioner Structure - Child
Protection Practitioner Stream - Non-VPS Aligned
Adaptive Structures and Classification Descriptors -
Department of Families, Fairness and Housing
22.
22.1
22.2
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Child
Protection
Practitioner
(CPP) Stream
CPP
Pay
point
1 May 2024 1 May 2025 1 May 2026 1 May 2027
2.7 $75,175 $77,430 $79,753 $82,146
Child
Protection
Practitioner
Grade 3
CPP 3
3.1 $76,817 $79,122 $81,496 $83,941
3.2
Degree
$80,111 $82,514 $84,989 $87,539
3.3 $83,400 $85,902 $88,479 $91,133
3.4 $86,691 $89,292 $91,971 $94,730
3.5 $89,984 $92,684 $95,465 $98,329
3.6 $93,275 $96,073 $98,955 $101,924
Child
Protection
Practitioner
Grade 4
CPP 4
4.1 $95,102 $97,955 $100,894 $103,921
4.2 $99,371 $102,352 $105,423 $108,586
4.3 $103,638 $106,747 $109,949 $113,247
4.4 $107,905 $111,142 $114,476 $117,910
Child
Protection
Practitioner
Grade 5
CPP 5
CPP 5.1
Base
$109,730 $113,022 $116,413 $119,905
CPP 5.1
Max
$121,247 $124,884 $128,631 $132,490
Progressi
on amt
$3,289 $3,388 $3,490 $3,595
CPP 5.2
Base
$121,250 $124,888 $128,635 $132,494
CPP 5.2
Max
$132,764 $136,747 $140,849 $145,074
Progressi
on amt
$3,289 $3,388 $3,490 $3,595
Child
Protection
Practitioner
Grade 6
CPP 6
CPP 6.1
Base
$134,593 $138,631 $142,790 $147,074
CPP 6.1
Max
$157,355 $162,076 $166,938 $171,946
Progressi
on amt
$4,153 $4,278 $4,406 $4,538
CPP 6.2
Base
$157,356 $162,077 $166,939 $171,947
CPP 6.2
Max
$180,117 $185,521 $191,087 $196,820
Progressi
on amt
$4,153 $4,278 $4,406 $4,538
Note: Case Contractors (CPW4) who translated to the new CPP stream as CPP4 on 5 November
2012 and remain a case contractor were translated with salary maintenance. That is, for those
existing staff who translated they have the ability to progress to through to the top of the salary
range as if the change had not occurred.
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Child Protection Practitioner – Child Protection Stream – Classifications and Standard Descriptors
Jobs in this structure support the Child Protection Program of the Department, excluding the child protection and youth justice programs detailed at clause 21
of this Appendix – (Children Youth and Families (CYF) stream).
Broadly, Child Protection and Youth Justice programs form part of the same service delivery system in Victoria. This is because they are both governed by the
same legislation: Children, Youth and Families Act 2005 (Vic) (The Act – CYFA). The Act outlines its purposes as:
• to provide for community services to support children and families; and
• to provide for the protection of children; and
• to make provision in relation to children who have been charged with, or who have been found guilty of, offences; and
• to continue the Children's Court of Victoria as a specialist court dealing with matters relating to children.
The Act sets out the statutory roles in child protection and youth justice. A key accountability of these Employees is exercising legal delegations and functions
pursuant to the Act and other related acts.
A brief explanation of the Child Protection program is provided below.
Child Protection
The Act provides the legislative mandate for the department to protect children and young people from abuse and neglect using best interest principles,
decision-making principles, additional Aboriginal decision-making principles and Aboriginal child placement principles.
This mandate involves:
• receiving reports;
• conducting investigations;
• intervening if it is assessed that a child is in need of care and protection;
• taking matters before the Children’s Court;
• supervising children on child protection orders;
• determining case plans (including stability plans, cultural plans and therapeutic treatment plans) for the safety and well being of children; and
23.
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• delivering case practice and case management services for children and young people who are either living with family or in out of home care.
Within each of the regions the Child Protection program operates in four broad areas:
1. Intake – Employees provide advice, referral and accept reports (the majority by telephone) and determine the outcome of these reports
2. Response – Employees investigate those reports determined to require a protective investigation
3. Case management- Employees provide case management for children and young people who have been found to be in need of care and protection, either
through investigative outcome with no court order, or investigative outcome with court order
4. Case contracting – Employees manage the statutory aspects for children and young people whose case management has been contracted to a Community
Service Organisation.
Note: References to Child FIRST in these descriptors denotes a geographical boundary.
Note: Child Protection Practitioner (CPP) Grade and Value Range Descriptors reflect the underpinning work value anchors for the function. If the descriptors reference the
VPS Grade and Value Range Descriptors, the Child Protection Practitioner (CPP) descriptors are to be read in conjunction with them. The Child Protection program does not
currently have jobs in Grade 1 work value
Table 95: Child Practitioner Stream Classification and Standard Descriptors
Table 95.1: Child Protection Practitioner Structure – Child Protection Practitioner Stream (CPP) – Classifications and Standard Descriptors
Grade 2 Grade 3 Grade 4 Grade 5 Grade 6
VR 1 VR 1 VR 1
Grade Descriptors Practice stream:
Provides basic care and
support in delivering and
supervising clients on
family visits and a range
of client activities
Works within a
well-defined environment
under general supervision
Provides standard
services to support child
Practice stream:
Provides standard
services under general
supervision within a
service delivery
framework
Typically an entry level/
base-grade case
practitioner in regional
child protection
Practice stream:
Provides standard
services within a service
delivery framework
Works as a case
practitioner involved in
managing the care,
support and supervision
of clients with greater
autonomy
Typically an advanced
Practice stream:
Provides a professional
service in field of
expertise
Typically a regional senior
child protection
practitioner
Management stream:
Practice stream:
Provides a highly
specialised, professional
service in field of
expertise
Typically a regional child
protection principal
practitioner
Management stream:
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Table 95.1: Child Protection Practitioner Structure – Child Protection Practitioner Stream (CPP) – Classifications and Standard Descriptors
Grade 2 Grade 3 Grade 4 Grade 5 Grade 6
protection practitioners
carrying out their
statutory roles
Typically a case practice
support worker in
regional child protection
case practitioner in
regional child protection
Manages delivery of
services to clients within
a service delivery
framework
Typically a regional child
protection team manager
A senior regional program
manager with a significant
impact on program
management and delivery
Typically a regional Area
Manager (within a Child
FIRST catchment)
Practice stream:
Provides a more
specialised, professional
service in field of expertise
Typically a regional child
protection practice leader
Management stream:
Typically a regional child
protection team manager
or deputy area manager
operating at a higher level
of autonomy within a
region
Practice stream:
Provides authoritative
advice and leadership
based on advanced
expertise and regarded as
a subject matter expert
Typically a regional child
protection principal
practitioner
Management stream:
A senior regional program
manager with a significant
impact on program
management and delivery
Typically a regional child
protection manager
Decision Making All Employees exercise legal delegations and functions pursuant to the Children, Youth and Families Act 2005 (Vic) and other related acts. Specific
delegations and functions are determined by the role and work environment in combination (as specified in job descriptions).
Operational Service Practice stream: Practice stream: Practice stream: Practice stream: Practice stream:
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Table 95.1: Child Protection Practitioner Structure – Child Protection Practitioner Stream (CPP) – Classifications and Standard Descriptors
Grade 2 Grade 3 Grade 4 Grade 5 Grade 6
Delivery Works with clients in a
range of settings
Works under direction
from supervisor
Supervises client
activities as defined by
case plans
Works within a defined
statutory framework
Assesses the level of risk
for clients and their
families with close
support from senior
practitioners
Responds to a variety of
emerging client issues
Participates in the
development and review
of case plans
Consults with more senior
case practitioners as
needed
Plans and prioritises own
work to achieve defined
targets
Assesses the level of risk
for clients and their
families with greater
autonomy
Makes applications to
courts with greater
autonomy
Develops and manages
case plans
Supervises students and
supports new child
protection practitioners
Manages high risk cases
Provides specialist
professional supervision
Provides advanced
assessment and advisory
services
Provides leadership to
practitioners in relation to
high risk cases and
challenging issues
Management stream:
Manages program
activities and sensitive or
high risk issues
Manages a team of
practitioners
Undertakes case planning
Manages the work
organisation, resources
and outputs for the team
Manages the most high
risk and high profile cases
including negotiating for
cross agency service
delivery
Provides highly specialist
services or expert advice
on child protection
service delivery
Routinely advises senior
stakeholders on child
protection issues and
solutions
Develops briefs on highly
complex practice issues
Undertakes case planning
appeals as required
Management stream:
Manages a regional child
protection service with
increased budget,
Employee and agency
responsibilities
Responsible for
implementation of
endorsed strategic policy
within the region
VR 2 VR 2
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Table 95.1: Child Protection Practitioner Structure – Child Protection Practitioner Stream (CPP) – Classifications and Standard Descriptors
Grade 2 Grade 3 Grade 4 Grade 5 Grade 6
Practice stream:
Manages sensitive, high
risk cases
Provides specialist
professional supervision,
education and advice
including leadership and
guidance to other
specialists in the field
Undertakes quality audits
Monitors professional
child protection standards
within the region
Management stream:
Manages program
activities and sensitive or
high risk issues with a
higher degree of
autonomy in a region
Manages a team of
practitioners with a
higher degree of
autonomy in a region
Undertakes case planning
Manages the work
organisation, resources
and outputs for the team
Practice stream:
Area of expertise and
responsibility is
complicated by the scale
and difficulty of the issues
Provides leadership and
guidance based on
advanced expertise
Provides complex or
specialised service
delivery models
Undertakes case planning
appeals as required
Management stream:
Manages a range of
strategic statutory
functions, each with
significant budget,
Employee responsibilities
or strategic importance
Integrates child
protection service
delivery with the other
statutory services
provided in the region
Manages major projects
for the region
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Table 95.1: Child Protection Practitioner Structure – Child Protection Practitioner Stream (CPP) – Classifications and Standard Descriptors
Grade 2 Grade 3 Grade 4 Grade 5 Grade 6
Assist in managing a child
protection area
Undertakes case planning
appeals as required
Accountability and
Frameworks
Provides direct client
support and supervision
services
Maintains accurate client
records of a limited
nature
Decisions are based on
the application and
interpretation of well
defined precedents,
policies and standards
Selects and applies a
variety of well defined
work practices and
techniques common to
the work area
Refers complex problems
to case practitioners for
resolution
Responsible for
monitoring and
implementing case plans,
and protective orders
Recommends appropriate
interventions
Selects from a variety of
techniques, systems,
methods or procedures
Briefs case support
practitioners as
appropriate
Mentors case aides and
less experienced case
practitioners
Provides advice relating
to individual case plans to
peers, internal and
external stakeholders
Provides
recommendations on
intervention strategies
and client service delivery
Coordinates case
management services
Provides well developed
recommendations on
intervention strategies
and client service delivery
Makes decisions on
intervention strategies
and client service delivery
Contributes to program
development
Assesses effectiveness of
service delivery
Provides mentoring and
live supervision to
practitioners
VR1
The VPSG 5.1 Non
Executive Career
Structure Classification
and Value Range Standard
Descriptors apply
VR2
The VPSG 5.2 Non
Executive Career
Structure Classification
and Value Range Standard
Descriptors apply
VR1
The VPSG 6.1 Non
Executive Career
Structure Classification
and Value Range Standard
Descriptors apply
VR2
The VPSG 6.2 Non
Executive Career
Structure Classification
and Value Range Standard
Descriptors apply
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Table 95.1: Child Protection Practitioner Structure – Child Protection Practitioner Stream (CPP) – Classifications and Standard Descriptors
Grade 2 Grade 3 Grade 4 Grade 5 Grade 6
Innovation and
Originality
VR 1
Judgment is required to
solve problems arising in
own work program
Takes initiative to
recommend improved
processes in immediate
work area
Exercises professional
judgment
Recommends
improvement to case
management systems and
practices
Explores new ideas in
response to non-routine
case issues and problems
and proposes changes and
solutions
Solves problems by
applying initiative, sound
judgment and expertise
drawing on a range of
professional networks
Explores new ideas to
improve program delivery
VR 1
The VPSG 5.1 Non
Executive Career
Structure Classification
and Value Range Standard
Descriptors apply
VR 1
The VPSG 6.1 Non
Executive Career
Structure Classification
and Value Range Standard
Descriptors apply
VR 2
The VPSG 5.2 Non
Executive Career
Structure Classification
and Value Range Standard
Descriptors apply
VR 2
The VPSG 6.2 Non
Executive Career
Structure Classification
and Value Range Standard
Descriptors apply
Communication VR 1
Communicates effectively
with clients, and their
families, guardians or
caregivers
Prepares case notes for
consideration of others
and routine
Uses persuasion,
advocacy, negotiation and
motivation skills with
clients, their families and
guardians
Uses well developed
negotiation skills in
pursuit of coordinated
client services
Provides professional
advice and opinions to
professionals of other
disciplines
Leads or participates in
case conferences with
other professionals
Prepares correspondence,
drafts submissions and
VR 1
The VPSG 5.1 Non
Executive Career
Structure Classification
and Value Range Standard
Descriptors apply
VR 1
The VPSG 6.1 Non
Executive Career
Structure Classification
and Value Range Standard
Descriptors apply
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Table 95.1: Child Protection Practitioner Structure – Child Protection Practitioner Stream (CPP) – Classifications and Standard Descriptors
Grade 2 Grade 3 Grade 4 Grade 5 Grade 6
correspondence as
required
Prepares a range of
routine correspondence
to support statutory
service delivery
Liaises with other service
providers
Prepares client
assessments, case notes
and plans, and
correspondence at a more
advanced level
Prepares client reports
for court
Provides specialised
advice and information to
other professionals
briefings for highly
complex cases
Reviews case files, court
reports and recommends
changes to current work
practices
VR 2
The VPSG 5.2 Non
Executive Career
Structure Classification
and Value Range Standard
Descriptors apply
VR 2
The VPSG 6.2 Non
Executive Career
Structure Classification
and Value Range Standard
Descriptors apply
Knowledge and
proficiency
Understands and applies
relevant procedures,
practices, guidelines and
legislation relating to the
work area
Indicates a willingness to
undertake appropriate
studies and training in the
child and family welfare
field
Applies theoretical
knowledge and concepts
to risk assessment and
service provision
Applies understanding of
legislation, standards,
techniques and practices
and current trends and
approaches to service
provision
Exercises the analytical
skills and expertise of an
established professional
Understands
contemporary research
Demonstrates an in depth
understanding of policies
and operational
procedures in the area of
responsibility
Applies knowledge and
expertise to complex and
difficult cases and
situations
Identifies and applies
appropriate research
when formulating
appropriate interventions
Applies knowledge to
identify gaps in case
VR 1
The VPSG 5.1 Non
Executive Career
Structure Classification
and Value Range Standard
Descriptors apply
VR 1
The VPSG 6.1 Non
Executive Career
Structure Classification
and Value Range Standard
Descriptors apply
VR 2
The VPSG 5.2 Non
Executive Career
Structure Classification
and Value Range Standard
Descriptors apply
VR 2
The VPSG 6.2 Non
Executive Career
Structure Classification
and Value Range Standard
Descriptors apply
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Table 95.1: Child Protection Practitioner Structure – Child Protection Practitioner Stream (CPP) – Classifications and Standard Descriptors
Grade 2 Grade 3 Grade 4 Grade 5 Grade 6
and developments in the
field
assessments prepared by
others
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Application
In addition to the applicable clauses in Part 2 of this Appendix, Part 5 of this Appendix applies
to Children Youth and Families Employees employed within the Secure Care Services
Programs at Ascot Vale and Maribyrnong under the Children Youth and Families Stream of
the Child Protection Practitioner Structure.
Overtime
Notwithstanding clause 46 of Section I of this Agreement (Overtime), Children, Youth and
Families Employees who are employed within Secure Care Services Programs at Ascot Vale
and Maribyrnong whose normal rostered shift hours of duty are in excess of 76 hours per
fortnight will receive time in lieu on an hour for hour basis for those additional rostered shift
hours beyond 76 hours per fortnight.
Shift Allowances – Secure Care Services
This clauses overrides, to the extent of any inconsistency, clause 43.2(b), Section I of this
Agreement.
Shift Allowances – Friday, Saturday and Sundays
(a) The Employer will pay a CYF classified Shift Worker at Secure Care Services, who is
rostered to work ordinary hours on a Saturday or Sunday, excluding a Public Holiday,
an allowance of 75 per cent of the ordinary hourly rate for each hour of ordinary duty
performed other than for Night Shift.
(b) The Employer will pay a CYF classified Shift Worker at Secure Care Services who is
rostered on a Night Shift commencing on or after 8:00 pm and before 6:00 am on a
Friday, Saturday or Sunday, excluding a Public Holiday, an allowance of 85 per cent of
the ordinary hourly rate for each hour of ordinary duty performed.
Night Shift Allowance – Monday to Thursday
(a) Where an Employee, including a part-time Employee, who is CYF classified Shift Worker
at Secure Care Services is required to perform shift work on a night shift commencing
on or after 8:00 pm and before 6:00 am on any day Monday to Thursday inclusive
(except a public holiday) shall receive either:
(i) a night shift allowance at the rate of 20 per cent of the appropriate hourly rate for
each hour of duty shall apply as per the allowance specified at clause 43.2(a),
Section I of this Agreement (Shift Work), or
(ii) a night shift allowance at the rate of 35 per cent of the appropriate ordinary
hourly rate for each hour of duty shall apply in lieu of the 30 per cent allowance
specified at clause 43.2(b), Section I of this Agreement (Shift Work) for night
shift worked continuously for a period exceeding four weeks.
Part 5 Secure Care Services Programs
24.
25.
26.
26.1
26.2
26.3
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Summary table of Shift Allowances
The table below summarises the applicable shift allowances for CYF classified Shift Workers
at Secure Care Services:
Table 96: Summary Table of Shift Allowances for Secure Care Services
Shift Period Allowance Overall rate
Rotating shifts
Afternoon shift
- Monday to Friday –
Full-time
employee or part-
time employee
working the
equivalent of a full-
time shift
Commence on or
after 10:00am and
before 8:00pm
15% 115%
Night shift - Monday
to Thursday – Full-
time employee or
part-time employee
working the
equivalent of a full-
time shift
Commence on or after
8:00pm and before
6:00am, or
• commence prior
to 8:00pm and
finishes on or
after 6:00am, or
• the majority of
the period of duty
is worked
after 10:00pm
and
before 6:00am
20% 120%
Afternoon Shift -
Monday to Friday
– For a part=-
time employee
working less than a
full-time shift
Commence on or
after 6:00pm and
before 10:00pm
15% 115%
Night shift – Monday
to Thursday -For a
part-time employee
working less than a
full-time shift
Commence on or
after 10:00pm and
before 8.00am
20% 120%
Saturday and
Sunday other than
Night Shift – for Full-
Commence on or after
6am and before 8pm
75% 175%
26.4
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Shift Period Allowance Overall rate
time and part-time
employees
Night Shift – Friday,
Saturday, Sunday –
For Full-time and
Part-time
employees
Commence on or after
8pm and before 6am
85% 185%
Public Holiday All hours on a Public
Holiday
150%
Or 50% plus one Day
leave in lieu
250%
Or 150% plus one day
leave in lieu
Continuous Shifts
Monday to Thursday
-Afternoon or night
Commence
before 8:00pm and
work beyond 6:00am
30% 130%
Monday to Thursday
-Afternoon or night
Falling wholly
within the hours of
8:00pm and 6:00am
30% 130%
Monday to Thursday
-Afternoon or night
Commence
between 8:00pm and
12 midnight for shift
of at least 8 hours
30% 130%
Monday to Thursday
-Afternoon or night
commencing on or
after 8:00 pm and
before 6:00 am
35% 135%
Secure Care Services Practice Principles
The Parties jointly commit to continue to work together in an endeavour to improve rostering
arrangements to better meet client and Employee requirements.
Employee Development
Where Employees have been approved and required to attend training courses, and subject
to 14 days/adequate notice, attendance will be facilitated through flexible roster
arrangements.
27.
27.1
28.
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Secure Care Services Consultative Committee
The parties agree to establish a Secure Care Services Consultative Committee (SCSCC) within
six months of the Agreement being approved by the Fair Work Commission.
The SCSCC will comprise of representatives nominated by the CPSU and the Employer.
Noting that both parties are committed to working through these issues, with a genuine goal
of reaching mutually acceptable outcomes, it is intended that the SCSCC established under this
clause will be a forum for the constructive resolution of issues including:
(a) Issues affecting the Centre, Employees and clients;
(b) Training needs; and
(c) Consultative procedures.
Terms of Reference for the SCSCC will be developed and agreed to by both parties.
Housing Services Officer and Housing Customer Service Officer
Structures
The Housing Services Officer Classification Structure, based on the VPS classification
structure, provides for the following:
(a) Alignment with VPS salary and progression steps/amounts;
(b) Housing Services Officer and Housing Customer Services Officers work value
descriptors (Part 7 of this Appendix);
(c) Continuation of the Housing Customer Services Officer classification for Employees of
the Office of Housing Maintenance Call Centre; and
(d) Field Services Officers to be classified under the VPS classification structure.
The Employer will provide Housing Customer Services Officers (HCSO) that possess a
Certificate III in Business Administration or with a qualification recognised as an equivalent
qualification by the Department, with a minimum salary level, set at VPS Grade 2.1.4, as
prescribed in Schedule C.
The Employer will provide Housing Customer Services Officers (HCSO) that possess a
Certificate IV in Business Administration or with a qualification recognised as an equivalent
qualification by the department, with a minimum salary level, set at VPS Grade 2.2.1, as
prescribed in Schedule C.
The Housing Services Officer (HSO) and Housing Customer Services Officer (HCSO) Structures
are set out in Table 97 and 98 below. The salaries referred to in this table are referenced
against the VPS Structure set out in Schedule C.
29.
29.1
29.2
29.3
29.4
Part 6 Housing Programs
30.
30.1
30.2
30.3
30.4
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Table 97: Housing Services Officer Structure
Housing Services Structure VPS Grade Alignment
Housing Services Officer 1 VPS salary point 2.2
Housing Services Officer 2
Value Range 1
VPS salary point 3.1
Housing Services Officer 2
Value Range 2
VPS salary point 3.2
Housing Services Officer 3 VPS Grade 4
• Note: The barrier between a Housing Officer 2 Value Range 1 and Housing Officer 2 Value
Range 2 is a soft barrier.
Table 98: Housing Customer Services Officer Structure
Housing Customer Services
Structure
Minimum VPS Grade Alignment
Housing Customer Services
Officer
VPS salary point 2.1
Senior Housing Customer
Services Officer
VPS salary point3.1
Following the commencement of this Agreement:
(a) the Department will create roles classified as Senior Housing Customer Services Officer
and will fill these roles by open merit recruitment processes; and
(b) Employees who are employed as Housing Customer Services Officer 1 and Housing
Customer Services Officer 2 under the previous Victorian Public Service Enterprise
Agreement 2020 will become classified as Housing Customer Services Officer as per this
Agreement and will retain their existing VPS Grade Alignment paypoint; and
(c) Employees who are employed as a Housing Customer Services Officer or a Senior
Housing Customer Services Officer will progress through the relevant VPS salary points
to their classification in accordance with clause 31 of the Agreement.
Stand-By/Recall Allowances for Housing Services Employees
A Housing Services Employee who is required by the Employer to perform stand-by/recall
must be contactable by telephone and be available to be recalled to work immediately as a
result of an emergency. The Stand-by rates are paid in accordance with clause 39.5(e),
Section I of this Agreement (Stand-by/Recall Allowance).
Where these arrangements were not previously negotiated with the Employee, the Employee
must be paid an allowance as follows:
30.5
31.
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31.2
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(a) Emergency Recall
An Employee must be paid an allowance specified below per hour when required to be
available for immediate recall to duty:
Table 99: Emergency Recall - Housing Services Employees (DFFH)
Date of effect Per hour
1 May 2024 $10.25
1 May 2025 $10.55
1 May 2026 $10.85
1 May 2027 $11.20
(b) The allowance paid in clause 31.2(a) is in addition to the Employee’s ordinary hourly
rate of pay and any overtime payments under clause 46, Section I of this Agreement
(Overtime) for the hours work during the Emergency Recall.
Following a period of Emergency Recall the Employee will be released from duty until the
completion of a ten hour break in accordance with clause 46.1, Section I of this Agreement
(Rest period between periods of duty).
Any Housing programs Employee is able to participate in the stand-by roster.
Call Centres – Housing and Community Building Maintenance Call
Centres
Housing Call Centre Operation
(a) HCC Work Environment
(i) HCC Employees will be provided with eye, ear, and voice tests paid for by the
Employer.
(ii) The Employer will ensure that the HCC is fitted out to an appropriate Australian
Standard concerning acoustic controls to reduce noise.
(b) Work Organisation
(i) Work will be arranged within the HCC to ensure that Employees are provided
with enough flexibility in their routine so that they can follow up customer service
issues adequately.
(ii) Guidelines will be negotiated between the Employer, Employees and the CPSU to
ensure that the needs of quality customer service, Employee job satisfaction, and
operational requirements are balanced.
(iii) Appropriate call volume targets will be established.
(iv) A guiding principle for communication is the acknowledgment that Employees'
experience and ideas add value to the quality of service the HCC can deliver.
31.3
31.4
32.
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(v) All HCC team members will be given the opportunity to participate in team
meetings on a regular basis. HCC Employees will be given adequate time to
familiarise themselves with policy updates.
(vi) Regular rest breaks away from the telephone will be provided with work
organised so that HCC Employees will not operate phones for at least 5 minutes
per hour.
(c) Call monitoring
(i) Call monitoring will be used as a coaching and development tool.
(ii) Call monitoring will not be an indicator of Employee performance assessment,
unless otherwise agreed between Employees, the CPSU and the Employer (HCC).
(iii) Employees will be given reasonable notice if their calls are being monitored and
over what period of time.
(d) Call recording
(i) The use of call recording for Employee performance assessment will not occur
without prior Agreement between the Employee, their union (the CPSU), clients,
and the Employer (HCC). The HCC will record calls for use in service
improvements and to clarify issues of dispute, which may occur relating to the
service provided.
(ii) Call recording is not primarily intended for disciplinary and other disputes. If a
manager or supervisor considers it warranted as part of a standard managing
improvement process they must give the Employee advanced notice and provide
fair and reasonable access to the relevant records for the Employee, and where
the Employee chooses their representative.
(e) Training and development
(i) Vocational training appropriate to the HCC will be provided to all Employees.
(ii) Housing Call Centre employees who desire to undertake a Certificate III and/or
IV in Business Administration or any other Certificate or Diploma relevant to
working at the Housing Call Centre will be provided with opportunity and study
leave to undertake this qualification as per Departmental policy and procedure.
Access to this support and opportunity will not be unreasonably refused.
Terms and Conditions of Employment
Specific arrangements applying to the operations of the HCC are as follows:
(a) Housing Customer Services Officer
Housing Customer Services Officer (HCSO) is classified in accordance with clause 34 of
this Appendix.
(b) Performance assessment
(i) HCC Employees’ performance will be subject to assessment in accordance with
the Employer’s progression, performance and development (PPD) system.
32.2
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(ii) PPD plans will be agreed with Employees that are relevant to the HCC.
(c) Roster Arrangements
(i) HCC shift rosters will be determined for a period of 14 calendar days in advance.
Shift rosters will be issued to all HCC Employees at least 14 days prior to the
commencement of such rosters. Each roster will indicate the starting and
finishing time of each shift.
(ii) A minimum of 2 Operators shall be on duty during each shift.
(iii) Roster Changes will be made in accordance with clause 12, Section I of this
Agreement.
Housing Consultative Group
A joint CPSU/DFFH Working Party was established under Appendix 4, Clause 30 of the
Victorian Public Service Enterprise Agreement 2020 to review and provide recommendations
on the appropriate working arrangements for Housing Services Officers, Field Services
Officers, Team Leaders, Managers and Housing Call Centre employees. The Housing Working
Party agreed on the appropriate classification for the following positions:
Table 100: Housing positions and VPS Grade alignment outcomes from previous Agreement
Housing Position VPS Grade Alignment
Field Services Officer VPS salary point 4
Team Leader VPS salary point 5.1
Housing Services Manager VPS salary point 6.1
The parties agree to establish a Housing Consultative Group (HCG) within six months of the
Agreement being approved by the Fair Work Commission.
The HCG will comprise of representatives nominated by the CPSU and the Employer. The
Employer’s representatives will comprise of management representatives from Housing, the
Housing Call Centre, Housing Managers and a representative from People and Culture.
The HCG is a standing consultative committee that reviews and provide recommendations on
the appropriate working arrangements for the following cohorts of employees:
(a) Housing Services Officers;
(b) Field Services Officers;
(c) Team Leaders and Managers;
(d) Housing Call Centre Employees; and
(e) Any other relevant Housing Employee.
33.
33.1
33.2
33.3
33.4
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The HCG will consider the following matters as standing items for discussion when making
their recommendations:
(a) the housing operating model; and
(b) workload.
For the HCG to make effective recommendations, the department will commission a detailed
report into the workload of Housing employees to be provided to the HCG and CPSU. The
report will:
(a) consider the impact that Housing Services Officer patch sizes, demand for services and
client complexity has had on workload, the provision of quality public housing services
and revenue/expenditure of the housing program;
(b) include a comparison between Victorian and other State, Territory and Federal housing
services provided, including consideration of renter demographics, the age of the asset
portfolio, established supporting infrastructure and the breadth/continuum of services
delivered by housing employees;
(c) analyse all functions and responsibilities of Housing staff and the time required to
complete tasks;
(d) be done in consultation with the HCG and CPSU; and
(e) be completed within twelve (12) months of the commencement of the Agreement.
There is an expectation that representatives of the Workload Review Panels will submit
quarterly progress reports for review to the HCG for monitoring of effectiveness,
consideration and advice.
Consideration will be given to the timing of implementation of any of the recommendations
of the HCG.
Detailed Terms of Reference for the HCG will be developed and agreed to by both parties.
To remove any doubt, should the parties be unable to agree on the effectiveness of initiatives
aimed at addressing workload concerns, including the Workload Review Panels, either party
may raise a dispute under clause 13 (Resolution of Disputes) of this Agreement.
33.5
33.6
33.7
33.8
33.9
33.10
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Housing Officer / Housing Customer Service Officer – Classification
Descriptors
The housing role is to provide needs-based housing assistance, sustain tenancies, manage rental
accounts and undertake inspections in relation to responsive and vacated maintenance.
The key tasks include:
• Interviewing clients and providing advice on all housing options, including public housing, waiting
times and making referrals as necessary;
• Providing assistance through the Bond scheme;
• Assessing applications for the Victorian Housing Register;
• Providing clients with appropriate housing assistance;
• Matching applicants to appropriate properties;
• Undertakes the full range of tenancy management activities and representing the Department at
VCAT on issues concerning breaches of tenancy;
• Conducting home visits of clients as required by policy;
• Assessing tenants applications for rebated rent;
• Acting as the Superintendent’s representative under the Schedule of rates and raising works
orders;
• Fosters an awareness of community building and sustainability;
• Participate in community forums as the departmental representative under direction;
• Identifying client specific needs in relation to accommodation requirements and make appropriate
referrals; and
• Undertake risk assessments and make related referrals where clients may have specific needs
placing their housing at risk.
Part 7 Housing Officer / Housing Customer Service Officer -
Classification Descriptors
34.
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Table 101: Housing Officer / Housing Customer Services Officer – Classification Descriptors
Table 101.1: Housing Officer
HSO level 1 HSO level 2 HSO level 3
A trainee Housing Services Officer with
limited practical expertise or a worker in
the housing call centre in a housing
service officer type role. After 12 months
and having demonstrated Competence to
the required level, the trainee will be
advanced to HSO level 2.
Works within a well-defined environment
under close supervision.
Fully competent across the assigned housing functions and applies well-developed
skills in all areas. May be required to be a local reference point in processes and
procedures for less experienced staff.
Works in an environment under general supervision
A highly skilled housing worker who uses
their expertise and knowledge to resolve
complex and challenging problems associated
with client needs and housing tenancies. May
be required to coach, mentor and guide
others.
Works in an environment with limited
direction
In a housing office in a training
environment under close supervision:
1. Provides routine housing information
to clients;
2. Registers documents, maintains
records and inputs data accurately;
3. Assesses and registers housing, early
housing and bond loan applications
and refers to HSO 2 and 3 for
approval;
4. Shadows HSO 2 and 3 in client
interviews to assess client’s needs,
match them to properties and
provide advice on their options.
5. Prepares documents from housing
records for VCAT and shadows HSO 2
and 3 at VCAT.
Assesses client’s needs and provides
advice on housing options from a range of
established policy, procedures and
standards (2.2f)
Prepares routine cases with well
established procedures and represents
the Department at VCAT (2.2a, 2.2f).
Applies early intervention strategies to
sustain tenancies.
Uses persuasion skills in dealing with
clients and stakeholders on all housing
matters (2.2b).
Determining eligibility for housing
assistance and selects appropriate
options (2.2f).
Exercises professional judgement,
and expertise when providing advice
to resolve complex housing issues
(3.1f, 3.1a)
Advocates and prepares more
complex cases and represents the
Department at VCAT in cases where
established precedents apply.
Identifies early intervention
strategies to sustain tenancies (3.1f).
Researches and prepares briefs
recommending local operational
service delivery quality
improvements (3.1d).
Initiate and facilitate case conferences for
clients which may include cross Department
and agency collaboration (3.2c, 3.2f)
Reviewing and recommending strategies for
early intervention involving clients with
challenging problems, including the use of risk
assessment tools and frameworks
Applies understanding of interrelationships
between stakeholders and/or other work
units to influence improved housing outcomes
and policy.
Plan, lead and facilitate consultative processes
associated with community building and
social landlord responsibilities.
Coordinates responses to emergencies and
crises in conjunction with the responsible
housing officer.
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Table 101.1: Housing Officer
HSO level 1 HSO level 2 HSO level 3
6. Administers debt management cases.
7. Refers clients to a range of external
service providers.
8. Undertakes supervised home visits.
Prepares detailed reports and briefs requiring
in depth factual analysis.
Supports, advocates and recommends
strategies to represent Housing at VCAT and
with other agencies and departments.
Plans and conducts aspects of complex local
housing service delivery projects within
defined parameters (3.2d).
Identifies and analyses information from a
variety of sources so as to contribute to
community building.
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Table 101.2: Housing Customer Services Officer
Housing Call Centre HCSO Senior HCSO
The housing call centre provides the key point of
access and contact for housing tenants and housing
contractors.
The key tasks in the Housing Call Centre include:
Answering and correctly referring client and
contractor queries;
Processing contractor payments;
Administrative functions related to the raising of work
orders;
Contractor memos and internal tracking systems;
Taking part in basic transactional project delivery
tasks for other business units.
Processing applications to the Victorian Housing
Register and assessing Bond Loan applications.
A HCSO is competent across assigned housing
functions not limited to basic Housing Call Centre
Operations and the Victorian Housing Register. They
deal with a range of situations and act as a local
reference point in operational processes and
procedures.
A Senior HCSO is a highly skilled worker who uses their
expertise and knowledge to respond to more complex
situations, problem solving and decision making
associated with the HCSO roles. Will be required to
coach, mentor and guide others.
Work in consultation with the Team Leaders.
•
• Provides high quality service in relation to routine
housing information;
• Assesses client queries for housing services and
makes decisions from a range of established policy,
procedures and legislative requirements.
• Completes a range of administrative functions
supporting client queries and contractor claims
which includes reviewing and processing
contractor invoice claims for payment;
• Contributes to operational service delivery and
quality improvements.
•
• Assesses complex client queries for housing
services and makes decisions from a range of
established policy, procedures and legislative
requirements.
• Acts as a superintendent representative.
• Exercises financial delegation when raising and
authorizing works to head contractors.
• Support and coach staff and relevant stakeholders
within the HCSO teams.
• Assist HCSO’s with their daily tasks and
developmental needs.
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Table 101.2: Housing Customer Services Officer
Housing Call Centre HCSO Senior HCSO
• Exercises financial delegation when raising and
authorising works to head contractors.
• Acts as superintendent representative.
• Identifies and develops options to deliver on
evolving organisational priorities;
• Proficient in use of software and technical
equipment and actions;
• Understands and applies theoretical principals
under supervision to achieve defined outcomes;
• Participates in routine investigations under
direction and provides evidence as required.
• Manage and maintain relevant team portfolio in
consultation with the Team Leader.
• Represent the HCC in a positive, constructive
manner contributing to, and supporting, a positive
workplace culture.
• Interprets and applies policies, drafts simple
policies using researched skills and consults with
stakeholders to provide feedback on a draft policy.
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Emergency Management Consultative Committee
The parties agree to establish an Emergency Management Consultative Committee (EMCC)
within six months of the Agreement being approved by the Fair Work Commission.
The EMCC will comprise of representatives nominated by the CPSU and the Employer. The
Employer’s representatives will comprise of management representatives from the division
responsible for emergency management (or its successors) and a representative from People
and Culture.
Noting that both parties are committed to working through issues, with a genuine goal of
reaching mutually acceptable outcomes, it is intended that the EMCC established under this
clause will be a forum for the constructive resolution of issues including, but not limited to
systemic and/or thematic industrial issues arising in Emergency Management, including
rosters and other working conditions.
Detailed Terms of Reference for the EMCC will be developed and agreed to by both parties.
Clothing and Equipment for Emergency Management Employees
Employees employed by divisions of the department responsible for emergency management
(or their successors) will be provided with the following clothing and equipment at a
minimum:
(a) Victorian Government branded jacket;
(b) Victorian Government branded polo shirt;
(c) Tabards and brassards;
(d) Log books; and
(e) Laptop and mobile phone (if required for the role).
In addition to the above, Employees will be provided with the following clothing and
equipment if the Employee is directed to work in a community setting that is not an existing
office or emergency management centre:
(a) Alcohol wipes;
(b) Sanitiser;
(c) Sunscreen;
(d) Torch and battery;
(e) Beanie;
(f) Medical gloves;
Part 8 Emergency Management
35.
35.1
35.2
35.3
35.4
36.
36.1
36.2
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(g) Insect repellent;
(h) Pens;
(i) Surgical masks; and
(j) Gloves.
The Department commits that the above clothing and equipment will be fit for purpose and
will be replaced if the clothing and equipment does not remain fit for purpose.
36.3
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Shift Allowances – Saturday and Sundays
In the Department of Health, the Employer will pay a Shift Worker who is rostered to
work ordinary hours on a Saturday or Sunday, excluding a Public Holiday, an allowance
of 75 per cent of the ordinary hourly rate for each hour of ordinary duty performed.
Time Recording
Employees, who are required to, will record the hours worked in the manner and form
determined by the Employer. This provision shall not be used to avoid an obligation,
where it exists, to pay the relevant overtime payments under clause 46, Section I of this
Agreement (Overtime).
Leave at Half Pay
The Employee may apply for annual leave, personal leave, parental leave, compassionate
leave or long service leave at half pay. Employer approval for such leave arrangements
will be subject to capacity to maintain workplace activities in the Employee’s absence.
Any public holiday that falls during a period of leave on half pay will be paid at full pay.
Vehicle
A Senior Medical Advisor has the option to allocate part of their salary to obtain the use
of a Government vehicle for private purposes at rates equivalent to those charged under
Executive Officer contracts as published from time to time by the Victorian Public Sector
Commission.
On-Call Duty Requirement
Senior Medical Advisors must be contactable and available outside the normal hours of
duty to respond to urgent program issues.
A Senior Medical Advisor whose role is listed in this clause and who is available outside
the ordinary hours of duty to respond to program service delivery needs will be entitled
to one week of annual leave for any period of 12 months service, in addition to any other
annual leave entitlements under clause 50, Section I of this Agreement (Annual Leave).
Appendix 5 Department of Health
Part 1 General
1.
2.
3.
Part 2 Senior Medical Officers
4.
5.
5.1
5.2
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(a) A practitioner in Mental Health Services, other than a Medical Officer, Senior
Medical Officer and Registrar who is available outside the ordinary hours of duty
to respond to clinical service delivery needs or to satisfy the statutory
requirements of the Mental Health Act 1986.
Senior Medical Advisors may be required to remain on duty where the program, patient
or client needs require, notwithstanding conferences or the expiration of normal hours.
Special Leave
The Senior Medical Advisor is eligible to be granted special leave with pay for up to two
weeks per year to attend conferences and/or undertake research approved by the
Employer as relevant to their career in the public service. This leave eligibility is
cumulative for a period of up to five years. Leave not taken within five years of accrual is
forfeited.
Subject to prior approval by the Employer, reasonable costs associated with necessary
travel and other expenses associated with study or attendance at conferences will be
reimbursed upon presentation of receipts (tax invoices).
Private Practice
Subject to approval by the Employer, a Senior Medical Advisor may be accorded
reasonable unpaid leave during working hours to undertake private practice in medicine
provided that there is no conflict of interest with their departmental appointment.
5.3
6.
7.
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Emergency Work
The terms of this Part 1 apply in the circumstances of:
(a) response to a bushfire, or
(b) deployment to readiness for a bushfire, or
(c) planned burning when the status is Ignition Authorised, Ignition or Under Control
1, or
(d) response to an emergency where the Australian Integrated Incident Management
System (AIIMS) or the Biosecurity Incident Management System (BIMS) incident
control system is used to manage the incident, or
(e) where urgent action is required to meet DEECA's emergency management
responsibilities described in the State Emergency Management Plan (SEMP), or
(f) deployment to readiness for other emergency as directed by Duty Officer, or
(g) other emergency as defined in the Emergency Management Act 2013 or as
designated by the Employer.
In these circumstances the terms of this clause will prevail to the extent of any difference
over other provisions of Section I.
For clarification,
(a) these emergency provisions will apply when an Employee is directed to perform
emergency related work by the designated Duty Officer or Agency Commander and
are advised they have been placed in readiness as distinct from their ordinary
duties reporting through their business as usual supervisor.
(b) The conditions of this appendix also apply to specific circumstances where
Employees are deployed/requested by the designated Duty Officer or Burns
Controller, to undertake duties outside of their normal duties in a role equivalent
to an IMT role arranging Resources or Logistics to support planned burning, within
48 hours prior to commencement of planned burns.
All Employees, including part-time Employees, are encouraged and will be actively
supported to take on a fire and emergency management role. Wherever possible, the
department will implement fire and emergency management rosters that accommodate
flexible work arrangements and will afford part-time Employees the same opportunities
Appendix 6 Department of Energy, Environment and
Climate Action
Part 1 Emergency Work
1.
1.1
1.2
1.3
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as full-time Employees with regarding access to training and other professional
development activities.
Employees will be provided with appropriate safety clothing, footwear and equipment
according to departmental issue schedules, and will maintain these items and wear such
items as required.
When camped, the Employer will provide adequate sleeping, ablution and messing
facilities.
When deployed to an emergency the Employer will provide equipment, Personal
Protective Equipment and Personal Protective Clothing which is fit for purpose for that
emergency type.
DEECA commits to conducting a review of the impacts of smoke on the health of
firefighters in a bushfire context by 31 December 2025. The review is to be conducted by
an agreed independent expert in the field.
DEECA will provide, when operationally feasible, toilet facilities at, or in proximity to,
work areas at bushfires and planned burns. All reasonable attempts will be made to
provide these facilities from Ignition Status for planned burns and within 48 hours of
Employees being deployed to the bushfire.
DEECA will undertake a full review of all Forest Fire Management uniforms to identify,
design and procure uniforms including personal protective equipment. The Union will
be invited to participate in this review process and all reasonable attempts will be made
to complete the review by 30 June 2026.
DEECA commits to inviting a Union delegate to participate in the review of the Fit for
Emergency medical review process including the contract review to take place in April
2025.
DEECA places a high priority on mental health and wellbeing and takes its statutory
duties seriously. DEECA provides a range of mental health and wellbeing supports and
interventions, working to a principle that a range of different services need to be
provided so that individuals can choose if, when and how they want to use those services,
and knowing that different formats suit different people at different times.
Retention of classification
An Employee will retain the classification upon which they were employed immediately
prior to the outbreak of an emergency, provided that the Employer may for the purpose
and during any period of emergency work operations specifically assign an Employee to
another classification for which a higher wage rate is prescribed in which case
appropriate payment will be made.
Fit for Emergency
Employees will be required to undertake a medical and fitness test relevant to their
emergency role to ensure they are medically cleared and fit to safely perform the role.
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
2.
3.
3.1
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During an Employee’s ordinary hours of work, for emergency roles that require a fitness
assessment and where business operations allow, the Employer will provide paid time
release of 120 minutes per week for all medically cleared Employees for the purpose of
achieving and maintaining required fitness levels. Unused time release will not accrue
from week to week. Employees are expected to match the 120 minutes with training
during non-working hours.
Employees utilising paid time release under clause 3.2 will be provided with up to 60
minutes paid time release per week for the express purpose of showering, changing and
traveling to and from a training location if required. Unused time release will not accrue.
Paid time release is not available whilst deployed at an emergency event or planned
burn, or if any other type of leave is taken during that day.
Normal hours of work
The weekly total of hours paid at ordinary time will not exceed 38 per week to be worked
in accordance with the normal accrual provisions.
Work period
The minimum work period can be a combination of normal and emergency duties.
The minimum work period on a normal Monday to Friday excluding Public Holidays will
be 7.6 hours per day, except as provided by clauses 11 and 12 of this Appendix.
The minimum work period at on Saturday, Sunday or Public Holiday commenced from
an employee’s normal location will be 3 hours per day, except as provided by clauses
6.7, 11 and 12 of this Appendix.
The minimum work period for any Employee who is accommodated away from their
normal location, for each day between overnight accommodation will be 7.6 hours per
day Monday to Sunday. For clarification, the minimum work period for travel to or from
deployment is as provided in clauses 5.2 or 5.3 of this Appendix.
Rest period
For any shift up to 16 hours in length an Employee will receive a minimum rest period
of at least 10 continuous hours between successive work periods.
Despite clause 6.1, in critical emergency circumstances an Employee must not
commence a new work period without having had 10 continuous hours off duty unless
directed by the Employer and then only in exceptional circumstances that an emergency
threatens to endanger the safety or health of any person or critical infrastructure in
Victoria.
If an Employee is directed by the Employer and a rest period has been of fewer than 10
continuous hours in duration before the next work period has commenced, the Employee
will be paid at the rate of double time for the whole of that successive work period, until
they are released from duty at the conclusion of that work period.
3.2
3.3
3.4
4.
5.
5.1
5.2
5.3
5.4
6.
6.1
6.2
6.3
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For any shift between 16 and 24 hours in length a minimum rest period of 12 continuous
hours is required between successive work periods.
For any shift exceeding 24 hours in length a minimum rest period of 22 continuous hours
is required between successive work periods. The following shift cannot commence
before 0700 hours the next day. This is to allow one full night of sleep.
Where the emergency arrangements require a weekly Employee to have a rest period
which exceeds sixteen (16) hours, the Employee will not be penalised and will be paid
for a minimum of 38 ordinary hours for each Monday to Friday work period, even where
the Employee, because of these requirements, has been scheduled to work less than 38
ordinary hours in any Monday to Friday work period.
Where an Employee, who is scheduled for a rest break but for operational reasons is
required to be accommodated away from their normal location on a Saturday, Sunday or
public holiday, the Employee will be paid for a minimum of 7.6 hours for each day they
remain away from their normal location at the appropriate rates.
Where an Employee is deployed for the purpose of a biosecurity response, prior to the
resumption of normal duties, the Employer will offer the Employee a full debriefing and
post event counselling.
Meal interval
Meal intervals during the circumstances listed in clause 1 will not exceed 30 minutes
and will be counted as time worked.
Monday to Friday payment
All time worked on any Monday to Friday (including time worked prior to emergency
work) will be paid for at the rate of ordinary time for the first 7.6 hours and at the rate
of time and one half for the next 2 hours, and at the rate of double time thereafter.
Provided that:
(a) the wage rate will revert to ordinary time when the Employee has received a rest
period of 10 hours; and
(b) when penalty rates are being paid, and a work period extends beyond midnight,
such penalty rates will continue until the end of the work period.
Saturday work
Except where the provisions of clause 8.1(b) apply, all time worked by an Employee on
a Saturday will be paid for at the rate of time and one half for the first two hours and at
double time thereafter.
6.4
6.5
6.6
6.7
6.8
7.
8.
8.1
9.
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Sunday and Public Holiday work
All time worked by an Employee on a Sunday will be paid for at double the ordinary
prescribed rate and for all time worked on a Public Holiday at two and one half times the
ordinary prescribed rate.
Stand-by
Stand-by will mean all time during which an Employee is required to remain available
for an immediate recall to work.
An Employee on stand-by will be available either at their home or at such other place as
is mutually agreed with the Employer or, contactable by telephone and available for
immediate response to the emergency as is agreed by the Employer.
From 1 May 2024 stand-by payment will be calculated on the basis of $20.70 per hour.
Such amount will be rounded to the nearest 5 cents. Thereafter the allowances ill be as
follows:
Table 102: Stand-by – Emergency Work (DEECA)
Date of effect Per hour
1 May 2024 $20.70
1 May 2025 $21.30
1 May 2026 $21.95
1 May 2027 $22.60
Rostered stand-by for Employees on Saturdays, Sundays and Public Holidays will mean
a continuous eight-hour period within a 24-hour period.
An Employee who is rostered or otherwise placed on stand-by on a Saturday, Sunday or
Public Holiday will be entitled to 8 hours stand-by payment for each day so rostered, or
placed on stand-by.
Unless notified a minimum of 24 hours prior to stand-by commencing, the default stand-
by hours for Saturdays, Sundays or Public Holidays will be 10.00am to 6.00pm. Such
notification shall occur for each individual instance, day or weekend varied.
An Employee that is notified by the end of normal duty, or 5:00pm preceding a Saturday,
Sunday or Public Holiday, that rostered stand-by has been cancelled will be entitled to 4
hours stand-by for each day so rostered.
When rostered stand-by is cancelled after the end of normal duty, or after 5:00pm
preceding a Saturday, Sunday or Public Holiday the employee will be entitled to 8 hours
standby payment for each day so rostered.
Subject to emergency requirements, an Employee may be placed on stand-by for
additional hours on any Saturday, Sunday or Public Holiday. Where stand-by is varied
beyond eight hours it will continue to be paid at the rate specified in clause 11.3.
10.
11.
11.1
11.2
11.3
11.4
11.5
11.6
11.7
11.8
11.9
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Subject to emergency requirements, the Employer may, on any normal week day, place
an Employee on stand-by at the cessation of the normal working time for the day.
Payment will be made from the normal time of cessation of work at the rate as provided
in clause 11.3.
Where an Employee is called upon to perform work subject to the conditions in clause
1 of this Appendix at any time they are on stand-by, they will be paid entitlements under
clause 13, and cease to be paid stand-by rates at that time.
Duty Officer
Where an Employee is a designated Duty Officer on stand-by and is required to be the
primary contact for initiating the response to an incident and manage the preparedness
in relation to potential emergency incidents, or is a designated Agency Commander,
Regional Controller or other role as determined by the Employer (as defined in clause
23.4) and is required to be available for contact for work relating to those roles, that
Employee while performing this function will be paid the relevant rate as follows:
(a) The day rate (weekend/public holiday) of Duty Officer stand-by covers the period
10.00am to 6.00pm and will be as follows:
Table 103: Duty Officer – Stand-by – Day rate (DEECA)
Date of effect Per hour
1 May 2024 $30.20
1 May 2025 $31.10
1 May 2026 $32.05
1 May 2027 $33.00
(b) If the Duty Officer is recalled to perform work during the hours 10.00am to 6.00pm
in accordance with clause 13, the Duty Officer will be paid overtime at appropriate
penalty rates instead of the above hourly day rate.
(c) The night rate on normal weekdays of Duty Officer stand-by covers the period from
end of normal duty to the commencement of normal duty on the following normal
day or 10.00am of the following Saturday, Sunday or Public Holiday. The night rate
on weekend days or Public Holidays covers the period from 6.00pm to 10.00am on
weekend days or Public Holidays or commencement of normal duty and will be as
follows:
Table 104: Duty Officer – Stand-by – Night Rate (DEECA)
Date of effect
Night rate
(6pm – 10am)
1 May 2024 $136.35
1 May 2025 $140.45
11.10
11.11
12.
12.1
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Date of effect
Night rate
(6pm – 10am)
1 May 2026 $144.65
1 May 2027 $149.00
(d) If the Duty Officer is recalled to perform work during the hours 6.00pm to 10.00am
in accordance with clause 13, the Duty Officer will be paid overtime at appropriate
penalty rates in addition to the night rate of Duty Officer stand-by.
(e) The above allowances are paid for being available to perform duty and will include
initial limited response to any form of communication (example, text message,
email, phone call, pager, radio call), as long as the subject of the communication
does not require time worked beyond 15 minutes in any continuous period.
(f) Work after the initial limited 15-minute response will be remunerated as overtime
and may include but is not limited to arranging staff in relation to extension of
stand-by, for readiness, or deployment away from their normal location. The
minimum overtime payment in clause 13 does not apply. Overtime payments will
be paid as worked.
(g) An employee who is required to undertake work to manage response to an
Emergency in their area of responsibility is entitled to the minimum overtime
payment in clause 13.
(h) An Employee conducting any Duty Officer role shall be paid Emergency Support
Allowance for any normal work hours whilst conducting duties related to the duty
role being filled.
(i) An employee conducting any Duty Officer role shall be paid Emergency Support
Allowance for any work hours whilst directly responding to an Emergency,
initiating response to an Emergency or when activated in a control centre.
Callout
An Employee recalled to perform work in or in connection with bushfire fighting or other
emergency will be paid for a minimum for four (4) hours’ work at the appropriate
penalty rate each time they are so recalled. Provided that the Employee will not be
required to work the full 4 hours if the job for which they are recalled is completed in a
shorter period.
In addition to this initial four (4) hours, if work continues for more than this period, the
Employee will be paid for the actual time worked, at appropriate penalty rates.
If an Employee is recalled to duty within 4 hours of ceasing a previous work period, then
the total work period prior to re-commencement of work on the recall will be taken into
account when calculating the hours of duty for the day, and also be used for the purposes
of calculating fatigue and rest breaks.
Payments under clause 13 will compensate an Employee for any time on stand-by
within the 4 hour period should the Employee be released to stand-by prior to the end
13.
13.1
13.2
13.3
13.4
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of the 4 hour period. At the cessation of the 4 hour period employees will revert to the
stand-by rate in clause 11.3 for the remainder of any rostered or arranged stand-by
period.
Shift Cancellation Payment
If a pre-arranged day shift for a Saturday, Sunday or Public Holiday is cancelled after the
end of normal duty, or after 5.00pm proceeding a Saturday, Sunday or Public Holiday the
Employee will be entitled to a shift cancellation payment. This payment includes the
cancellation of a taskforce deployment and is made once for each planned taskforce
deployment.
If a pre-arranged night shift for a Saturday, Sunday or Public Holiday is cancelled after
0800 on the date of the night shift commencement the Employee will be entitled to a shift
cancellation payment.
Table 105: Shift Cancellation Payment (DEECA)
Date of effect Per cancelled shift
1 May 2024 $100.00
1 May 2025 $103.00
1 May 2026 $106.10
1 May 2027 $109.30
Travelling time
All time spent by an Employee in proceeding to and from a bushfire or other emergency
at the direction of the Employer will be regarded as time worked. Payment will
commence from, and cease at, the Employer's depot, camp or normal pick-up place in the
home district provided that:
(a) An Employee deployed to a fire sector (as defined) or other emergency location,
travelling directly to or from that fire sector or other emergency location, will have
that travelling time included as emergency time for the purposes of clauses 8 and
19 or 20.
(b) Time spent travelling to or from a distant depot, camp, office or staging point (from
where an Employee will receive deployment instructions) will count as time
worked, however it will not attract payments under clause 19 or 20 or 5.4
Resumption of normal duties
An Employee must not commence normal duty without having had 10 continuous hours
off duty unless directed by the Employer.
14.
14.1
14.2
15.
15.1
16.
16.1
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Each Employee who has been engaged on emergency work will be entitled upon the
cessation of such work, and prior to the resumption of normal duties, to a clear break of
10 hours without loss of pay for recognised working time occurring during such break.
Provided that an Employee who has been accommodated for at least 3 nights will be
entitled to a clear break of 12 hours.
Provided further that this provision will not apply with respect to any emergency work
commenced and completed between the hours of 7.00am and 5.00pm on the same day.
Prior to returning to normal duties after working for 1 or more consecutive nights, a
minimum rest period of 1 full day is required.
The emergency response provisions of this Appendix cease to apply when, as determined
by the Employer, emergency work becomes of a routine nature and integrated with
normal daily operations.
(a) In the case of a bushfire, this would occur only after an emergency has reached at
least “Under Control 2” bushfire status as defined in clause 23.9(f)
(b) In the case of Planned Burning, this would occur only after the Planned Burn has
reached at least “Under Control 2” status as defined in clause 23.9(g).
(c) In the case of Non-Fire Emergencies, these provisions cease to apply when
released from the Emergency Shift or when, as determined by the Employer,
emergency work becomes of a routine nature and integrated with normal daily
operations.
Rest periods for deployments between emergency duties
A rest period of 2 full days (a minimum of 48 hours) is required between deployments
comprising 7 consecutive days (including travel time) or 4 consecutive nights (plus 2
days travel time).
Prior to returning to normal duties, where there has been a combination of normal duties
and fire duties of:
(a) 7 consecutive days or more, but less than 10 days – a rest period of 1 full day (24
hours) is required as a minimum; and
(b) 10 consecutive days or more – a rest period of 2 full days (48 hours) is required as
a minimum.
Where an Employee has been deployed to one or more emergency incidents for a
minimum of 21 Emergency Shifts within the previous 28 days, they will be entitled to an
additional rest period of 2 days. The 4 days shall be taken consecutively.
Where these days fall on a Saturday or a Sunday no additional payment will be made, nor
will additional time off be provided.
Where these days fall on a Monday to Friday inclusive (excluding Public Holidays), the
Employee will receive payment for these days.
16.2
16.3
16.4
16.5
16.6
17.
17.1
17.2
17.3
17.4
17.5
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Where these days fall on a Public Holiday, the Employee will not receive additional time
off but will receive a normal day’s pay for the Public Holiday.
Where an Employee travels for 2 hours or less from the base camp to their home depot
at the conclusion of a tour of duty, the day of travel will be considered a day’s break in
accordance with clauses 17.1 and 17.2 above.
When personnel on a 7-day emergency deployment or a 4-night emergency deployment
in a field-based role experience sustained physically taxing conditions the employer will
provide an additional rest day after the deployment in addition to the two days provided
under 17.1.
For the purposes of 17.8:
(a) ‘sustained physically taxing conditions’ will be assessed taking into account heat,
shift length, proportion of time working remotely away from vehicles, and the
impact of conditions on the quality of sleep while on deployment; and
(b) an assessment that a deployment will involve ‘sustained physically taxing
conditions’ should be made as early as possible in the deployment, including using
weather forecasts as a guide if available.
Provision of meals
The Employer will provide the usual 3 meals per day to staff working at mealtimes
during emergency shifts, provided that where an Employee is required to work at night
the Employer will provide suitable provisions at reasonable intervals. All food supplied
by the Employer will be free of charge.
The Employer will make every reasonable effort to provide meals to those deployed at
an emergency. In those cases where a meal is not provided for a planned meal break, a
meal will be provided after the completion of the shift.
At Planned Burns lunch will only be provided where Employees have been
accommodated the previous night.
Employees on a normal working day will provide their own lunch for the first shift of an
outbreak of bushfire or other emergency.
Employees will provide their own breakfast when deployed to a known Emergency Shift
unless accommodated away from their normal location the previous night.
Emergency Field Allowance
Eligibility
(a) An Employee deployed from their depot, home, camp or accommodation directly
to an Emergency Sector, fire sector or the front-line operations of an emergency
will be paid an allowance as follows per hour, or part thereof, for all time so
deployed, excluding travelling time as described in clause 15.1(b):
17.6
17.7
17.8
17.9
18.
18.1
18.2
18.3
18.4
18.5
19.
19.1
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Table 106: Emergency Field Allowance (DEECA)
Date of effect Per hour
1 May 2024 $15.25
1 May 2025 $15.70
1 May 2026 $16.15
1 May 2027 $16.65
(b) For the purposes of Agriculture Emergencies the equivalent front-line operations
means in-field work away from an incident control centre working at the site (or
sites) of the emergency where a pest or disease is suspected or detected or where
there has been animal welfare or agriculture impacts. This does not include
delivering briefings or presenting at community meetings.
This allowance is to compensate for:
(a) all disabilities encountered, including the potential dangerous and dirty nature of
the work and the potential exposure to hazardous substances; and
(b) any ordinary time worked under the emergency provisions, outside the normal
spread of hours.
The Emergency Field Allowance will be paid to staff with airborne roles and airbase
personnel involved in retardant mixing, aircraft refuelling, aerial drip torch mixing and
aircraft marshalling.
Once the bushfire is declared Under Control 2 payment of the Emergency Field
Allowance will cease.
The parties to this Agreement intend to treat Planned burning operations as emergency
work, remunerate that work by payment of the Emergency Field Allowance, and subject
planned burns to all of the conditions of emergency work including hours arrangements
except as in clause 17.1.
Emergency Support Allowance
Any Support Employees deployed to an emergency, excluding travelling time as
described in clause 15.1(b), to perform duties will be paid an allowance as follows per
hour, or part thereof:
Table 107: Emergency Support Allowance (DEECA)
Date of effect Per hour
1 May 2024 $7.65
1 May 2025 $7.90
1 May 2026 $8.15
19.2
19.3
19.4
19.5
20.
20.1
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Date of effect Per hour
1 May 2027 $8.40
This allowance is to compensate for:
(a) the nature of the work; and
(b) any ordinary time worked under the emergency provisions outside the normal
spread of hours.
Incident Management Team Responsibility Payments
The following table applies to Employees who are trained and accredited to perform the
following roles identified in the AIIMS and BIMS structure. For the purposes of Incident
Management Team Responsibility Payments, where no accreditation currently exists
this has been identified as no level below.
(a) Effective 20 March 2020
Table 108: Incident Management Team Responsibility Payments
IMT role Level 3 Level 2 Level 1 No level
Incident Controller A B C N/A
Biosecurity Operations Manager N/A B C N/A
Operations Officer B C D N/A
Public Information Officer B C N/A N/A
Planning Officer B C N/A N/A
Logistics Officer B C N/A N/A
Situation Officer C D N/A N/A
Resources Officer C D N/A N/A
State Agency Commander N/A N/A N/A B
Regional Controller N/A N/A N/A B
Planned Burn Operations Officer N/A N/A N/A B
Regional Agency Commander N/A N/A N/A C
Sector Commander N/A N/A N/A C
20.2
21.
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IMT role Level 3 Level 2 Level 1 No level
District Duty Officer N/A N/A N/A C
State Aircraft Coordinator N/A N/A N/A C
Air Attack Supervisor N/A N/A N/A C
Warnings and Advice Officer N/A N/A N/A D
Crew Leader N/A N/A N/A D
Safety Officer N/A N/A N/A D
Airbase Manager N/A N/A N/A D
Aircraft Officer N/A N/A N/A D
Communications Planner N/A N/A N/A D
Medical Unit Leader N/A N/A N/A D
Fire Behaviour Analyst N/A N/A N/A D
Air Observer N/A N/A N/A D
Date
Amount
1May 2024 1 May 2025 1 May 2026 1 May 2027
Category A $7,365 $7,586 $7,814 $8,048
Category B $4,420 $4,553 $4,690 $4,831
Category C $2,823 $2,908 $2,995 $3,085
Category D $1,229 $1,266 $1,304 $1,343
Payment will be made to an Employee prior to the end of the financial year as a lump
sum upon verification in May of each year of their training currency, attendance at
annual updates and availability to be deployed over the previous year.
For clarification, to be deemed available, an Employee must be able to be deployed to
fulfil an Emergency role for fire and emergency readiness and response or planned
burning on request for a minimum of 25 days per financial year, to be calculated pro-rata
for Part-Time Employees. The 25 days may comprise any combination of the following:
(a) Eight (8) hours of stand-by (including Duty Officer stand-by).
21.2
21.3
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(b) Deployment to a fire, planned burn or other emergency within the State of Victoria
(including travel days).
(c) Deployment to a fire, planned burn or other emergency outside of the State of
Victoria (including travel days and mandated rest days).
(d) Deployment to a readiness event, exercise, attendance at briefings or training
activity that is mandatory requirement for an Employee’s Emergency role.
Employees accredited in more than one role will only receive payment for the highest
role.
Payment of Overtime Ceiling
An Employee who is in receipt of salary up to the maximum of Grade 6 is eligible to
receive payment for overtime and stand-by in respect to emergency duties. Payment for
overtime worked will be subject to the maximum payment being based on the hourly
rate of the lowest pay point within Grade 4.
Where an Employee’s ordinary time hourly rate is greater than the maximum payment
provided by clause 22.1, the Employee is entitled to receive their ordinary time hourly
rate for overtime worked.
To ensure staff working on fire and emergency response are duly compensated for this
work, the rate for overtime cap, outlined in clause 22.1, will be 4.1.2 for any tasks in
relation to fire or emergency response as outlined in clause 23.
Definitions
Fire Sector means a defined section of the control line being used to contain a bushfire
or being constructed to control a bushfire or being constructed as a backup to other lines
being used to control the bushfire.
Planned Burn means the controlled application of fire to a defined area of land
conducted in accordance with an approved burn plan to meet specified management
objectives.
Emergency Sector means any emergency response work conducted primarily in the
field under an AIIMS or BIMS structures or similar, or any other emergency management
structure which differentiates the work from normal business.
Duty Officer includes District Duty Officer, Regional Agency Commander, Regional
Controller, State Agency Commander or other role determined by the Secretary or
appropriate delegate.
Emergency means an event which endangers or threatens to endanger the safety or
health of any person in Victoria or which destroys or damages, or threatens to destroy
or damage, any property in Victoria or endangers or threatens to endanger the
environment or an element of the environment in Victoria including, without limiting the
generality of the foregoing:
(a) an earthquake, flood, wind storm or other natural event; and
22.
22.1
22.2
22.3
23.
23.1
23.2
23.3
23.4
23.5
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(b) a fire; and
(c) an explosion; and
(d) a road accident or any other accident; and
(e) a plague or an epidemic or contamination; and
(f) a warlike act or act of terrorism, whether directed at Victoria or a part of Victoria
or at any other State or Territory of the Commonwealth; and
(g) a hi-jack, siege or riot; and
(h) a disruption to an essential service;
Emergency Shift means a single continuous time period deployed to an Emergency
under the AIIMS structure or other emergency as defined by the Employer until stood
down or released with an appropriate rest break.
Deployment means a consecutive series of Emergency Shifts with appropriate rest
breaks in between.
Bushfire means an unplanned and uncontrolled fire where suppression action must be
initiated, or a major breakaway from a planned fire requiring additional resources to that
scheduled for the operation.
Bushfire status means the categorisation of a bushfire into one of the following
definitions:
(a) Going – Fire is expanding in certain directions. There is reasonable evidence (a
smoke sighting, a report has been received from the public) to suggest that a fire
exists and is expanding.
(b) Ignition (Planned Burn status) – A Burns Controller has approved the ignition of
a Planned Burn and lighting of the planned area has commenced.
(c) Contained – Indicates that the spread of the fire is halted even though it may still
be burning within the perimeter or control lines. Such a fire may still require
continuous suppression action (e.g. completion of fire control lines) before it is
‘under control’ to bring about a ‘controlled’ situation (status = ‘Under Control 1’).
(d) Under Control 1 (fire incident status) – The complete perimeter of the fire is
secured, no breakaway is expected and continuous patrol/mopping up is still
required.
(e) Under Control 1 (Planned Burn status) – The complete perimeter of the planned
area of the burn is secured and no break away is expected. Continuous patrol and
mopping up work is required. Fuels are not burning freely within the planned area.
(f) Under Control 2 (fire incident status) – The complete perimeter of the fire is
secured, and no breakaway is expected. Control line quality or depth is such that
only patrol is required. In most circumstances this status will mean reversion to
non–emergency provisions in industrial awards.
(g) Under Control 2 (Planned Burn status) – The complete perimeter of the fire is
secured and no breakaway is expected. Control line quality or depth is such that
23.6
23.7
23.8
23.9
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only patrol is required. Only routine patrol and occasional mopping up work is
required.
(h) Safe – The stage of fire suppression or Planned Burning when it is considered that
no further suppression action or patrols are necessary.
Non-Fire Emergency - means all other emergency incidents except a fire and a planned
burn (as defined in clause 1 and clause 23.5).
Rosters
A standard approach to rostering for bushfire and/or Planned Burning is to be adopted
across the state.
Rosters are to be prepared in draft by 1 July each year, including expected participants’
names and provisional roles. Affected Employees will be provided with the opportunity
to comment on the roster prior to it being finalised. Final rosters are to be published in
full by 1 September each year. Where Employees commence or become available after
the finalisation of the roster, it may be updated accordingly.
Minimum Information in roster to include:
(a) Frequency of Employees being rostered (e.g. one week in two)
(b) Cessation date of roster
(c) Rostered roles
(d) Application of the roster (i.e. weekdays, weekends and/or after hours)
(e) Whether the roster includes deployments away from their usual place of work.
Employees shall be notified of the commencement of the roster at least two weeks in
advance.
Once finalised, the roster may be amended following written consultation with and
written agreement of affected Employee/s.
Once the roster is commenced by the Employer, Employees will be paid all allowances
(stand-by payment and other) until the cessation date of the roster as determined by the
Employer.
While rostered Employees may be required to undertake any role they are trained and
accredited for.
Stand-by Rosters can be ceased prior to the cessation date following 2 weeks notification
to rostered staff.
Financial Support for Personal Injuries
The Employer will maintain a scheme that provides financial support to Employees who
perform fire suppression and planned burning work. The scheme will cover accidental
23.10
24.
24.1
24.2
24.3
24.4
24.5
24.6
24.7
24.8
25.
25.1
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personal injury, or their estate in the case of accidental death. The Employer will
maintain a policy in line with that commitment for the life of this Agreement.
Insured persons are those Employees who have a current fire role and current medical
assessment and are able to undertake fire suppression and planned burning across the
State of Victoria (as defined in Appendix 6) under the direction of the Employer.
Subject to the exemptions in the policy, coverage shall be for 24 hours per day, 7 days
per week worldwide.
During the life of this Agreement the Employer may examine alternative ways to provide
financial support to employees that have sustained injuries (or accidental death) that are
an alternative to the policy in place at the commencement of this Agreement. If an
alternative scheme is proposed, the Employer will consult with the CPSU and Employees
prior to introducing an alternative scheme.
The policy shall cover accidental injury resulting in temporary and/or permanent
disability and death.
Lump sum benefits shall be payable on accidental death or upon permanent physical or
psychological impairment. Accidental death shall be a minimum of $750,000 lump sum
payment.
The weekly benefits for temporary disablement (partial or total) are detailed in the
policy.
Additional superannuation for Employees engaged in fire
management and fire response
The Employer is committed to providing enhanced superannuation benefits to
Employees engaged in fire response and planned burning activities and will maintain a
policy in line with that commitment for the life of the Agreement and any intervening
period should the Agreement expire, and a new Agreement not be in place.
During the life of this Agreement the Employer, in consultation with the CPSU and
Employees, may review the application of definitions that apply to eligibility, and
classification of Employees in receipt of additional superannuation contributions.
The parties acknowledge that the intent of clause 26 of Appendix 6 was to offer enhanced
superannuation benefits to employees engaged in fire response and planned burning
activities who are not in defined benefit superannuation schemes. Increases in the SGL
have resulted in the absorption of this entitlement.
The parties to this agreement commit to establishing a working group within 1 month of
the agreement being approved by FWC to work jointly to develop options which may
achieve maintenance of enhanced superannuation for this group.
The Working Party may include other interested and impacted parties by agreement.
Employees will be eligible for increased superannuation as follows:
(a) 13.5 per cent superannuation on all superable earnings for employees with a role
that is deemed to be ‘operational’.
25.2
25.3
25.4
25.5
25.6
25.7
26.
26.1
26.2
26.3
26.4
26.5
26.6
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(b) 13.5 per cent superannuation on fire response and planned burning earnings for
employees with a role that is deemed to be ‘non-operational’.
An operational role is defined as a role which undertakes direct bushfire suppression or
planned burning or has direct accountability for decision-making related to the
supervision, welfare, safety and performance of those who undertake these activities.
This includes the following categories:
(c) Firefighting roles that include fireground roles, specific level three incident
management team (IMT) roles and tactical aviation roles
(d) Command and control, and coordination roles
A non-operational role is defined as field-based or office-based, which supports direct
suppression works. This includes the following categories:
(a) Non-firefighting roles
(b) Non-tactical aviation roles
An employee who has multiple roles in both the Operational and Non-Operational
categories will be classified as Operational. Operational and non-operational roles will
be confirmed by 1 June each year. If a revised list is not formally approved by 1 June in
any year, the list from the previous year will continue in effect.
Employees who are members of defined benefits superannuation schemes are not
eligible for additional superannuation payments.
Calculation
(a) Employees classified as Operational shall receive superannuation payments of
13.5 per cent on all superable and overtime earnings. This amount includes any
amount Employees receive under the Superannuation Guarantee Administration
Act 1992 (Cth).
(b) Employees classified as Non-Operational shall receive increased superannuation
payments to a maximum of 13.5 per cent for the first 7.6 hours worked in fire
response or planned burning and superannuation payments of 13.5 per cent for
any additional overtime hours worked (and any allowances) including duty officer
and standby hours in emergency response or planned burning.
Implementation
(a) Employees classified as operational will receive their superannuation payments
fortnightly in accordance with their salary payments.
(b) Employees classified as non-operational, who receive additional superannuation
for nominated duties only, will receive those additional superannuation payments
no later than quarterly.
(c) If an employee classified as Operational is unable to undertake a fire role or
planned burning role due to an injury sustained at work, they are still entitled to
additional superannuation payments based on their pre-injury eligibility for 12
months from the date of injury.
26.7
26.8
26.9
26.10
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(d) Employees with an Operational role who take parental leave will continue to
receive the increased Superannuation rate on all eligible earnings (including any
approved parental leave payments from DEECA). On their return to work,
employees will continue to receive increased Superannuation payments for a
period of two years from their return date (or until the necessary medical, fitness
and competency requirements are met). After this period, and if the relevant
medical, fitness and competency requirements are not met, additional
superannuation payments will no longer be received.
(e) Where an Employee ceases to be accredited to undertake an emergency role, they
will no longer receive the additional superannuation provided by this clause.
Fatigue Management Leave
Intention and Eligibility
(a) The purpose of Fatigue Management Leave is to provide employees additional
time off; to manage their fatigue during periods of emergency work; to manage the
effects of accumulated fatigue at the end of a period of emergency work; and to
acknowledge extended hours worked in emergency management and/or extended
periods away from home.
(b) Employees who perform the required number of hours of Overtime and Standby
following enaction of the Emergency Provisions of Part 1 of Appendix 6 will be
eligible to accrue Fatigue Management Leave as outlined in clause 27.2.
(c) Employees within the Agriculture Victoria Group will not accrue Fatigue
Management Leave performing Standby hours for the following roles:
• Resource officer
• Emergency Animal Disease Veterinary Officer
• Animal Health Officer
For the purposes of calculating Fatigue Management Leave:
(a) The Fatigue Management Leave period commences 1 September and concludes 31
August the following year.
(b) Fatigue Management Leave must be accrued and used within each 12-month
Fatigue Management Leave period. Unused Fatigue Management Leave expires at
the end of each Fatigue Management Leave period and does not accrue or carry
over from one Fatigue Management Leave period to the next.
(c) Once an employee has undertaken 152 hours of Overtime and/or Standby within
a Fatigue Management Leave Period, they will be entitled to 5.0 days (38.0 hours)
of Fatigue Management Leave. Each subsequent hour of Overtime and/or Standby
undertaken will accrue an additional 0.25 hours of Fatigue Management Leave.
(d) Fatigue Management Leave will be capped at 10.0 days (76.0 hours) for each
Fatigue Management Leave Period.
27.
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27.2
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(e) Overtime and/or Standby accrues Fatigue Management Leave on an ‘hour for hour’
basis irrespective of the day or time the Overtime or Standby occurred.
(f) For part-time employees, each normal time hour in excess of their part-time
commitment is earned on an ‘hour for hour’ basis. That is, each hour of Overtime
and/or Standby in excess of their part-time commitment is counted as one hour
for the purposes of calculating Fatigue Management Leave.
(g) Hours performed as Duty Officer, State Agency Commander, and Regional Agency
Commander outside of normal working hours will be treated as Standby.
Other conditions
(a) Fatigue Management Leave is to be taken at a time agreed by the Employer and
Employee.
(b) The Employer is committed to supporting Employees to use their Fatigue
Management Leave before it expires.
(c) Leave loading will not apply to Fatigue Management Leave.
(d) Fatigue Management Leave is recorded and managed in the same system as other
leave.
(e) Any documents, guidelines or policies relating to Fatigue Management Leave will
be developed and reviewed jointly by DEECA and CPSU.
Night duty allowance
An Employee will be paid an allowance of 7.5% of their salary for all time worked on
any shift that commenced on or after 1200 (noon) where that shift extends beyond
midnight.
For clarification, the Night Duty Allowance is not paid for periods of Callout under
clause 13 of the Emergency Work provisions.
Living Away from Home Allowance
An allowance as provided in the table below will be paid where an Employee is
required to spend the night away from their normal residence location and is
accommodated away from their normal residence between shifts when undertaking
the following types of work:
(a) Emergency response, or
(b) Planned burning, or
(c) Preparation work for planned burning.
Table 109: Living Away from Home Allowance (DEECA)
Date of effect Rate per night
1 May 2024 $31.50
27.3
28.
28.1
28.2
29.
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Date of effect Rate per night
1 May 2025 $32.45
1 May 2026 $33.40
1 May 2027 $34.40
Where required to camp outdoors as part of their normal duties (i.e. the Emergency
Work provisions of Section II of the Agreement have not been enacted), the Living
Away from Home Allowance in this clause shall not apply but the Camping Allowance
prescribed in clause 33 of Part 3 will apply in lieu.
Shift commencement and conclusion
When accommodated away from normal place of residence, employees commence shift
time when they begin travelling to first meal location where a meal is not provided at
or near the accommodation site. Where a first meal is provided at the accommodation
site the shift time starts upon commencement of travel to the emergency event or
planned burn after the first meal.
Where an end of shift meal is not provided at or near the accommodation site, the shift
time concludes after the employee has been provided their end of shift meal, arrives at
the accommodation site and has access to accommodation. Where an end of shift meal
is at provided at the accommodation site the shift time concludes when the employee
arrives back at accommodation site and has access to accommodation.
Consistent with Clause 7, where a meal is provided during a shift and work is
undertaken both sides of the meal, the meal will be counted as time worked.
Returnee Payment – Fire Support Officers
Seasonal Fire Support Officers who return the following season will be eligible for a
lump sum payment per year after 3 months for 3 months’ service in accordance with
the following table:
Table 110: Returnee Payment – Fire Support Officers (DEECA)
Date of Effect Returnee Payment
1 May 2024 $2,079
1 May 2025 $2,141
1 May 2026 $2,205
1 May 2027 $2,271
If a returning Fire Support Officers with less than three months’ service has their
employment terminated by the Employer in circumstances other than misconduct or
29.2
30.
30.1
30.2
30.3
31.
31.1
31.2
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poor performance, they will be eligible to receive the lump sum payment. The lump
sum payment is not payable on resignation prior to 3 months’ service being completed.
Fire Support Officers are not eligible for the Mobility Payment under clause 16 of
Section I of this Agreement.
Overtime
Time worked in excess of the standard 76 hours per fortnight will be either paid as salary
or taken as time in lieu as follows, except when subject to Part 1 of this Appendix.
Time In Lieu
(a) In order to meet the work requirements of the Employer and/or the personal
requirements of the Employee, the Employee may, subject to the approval of the
local manager, work hours in excess of the normal working day and accrue a
balance of time worked.
(b) In such cases the additional hours are unpaid and the Employee will be entitled to
take time in lieu on the basis of one hour for each additional hour worked.
(c) A maximum of 76 hours of time in lieu may be accrued.
(d) The taking of time off in lieu will be by mutual arrangement between the Employee
and the Employer.
(e) The Employee will be paid an amount equivalent to any accrued time in lieu at the
cessation of employment for whatever reason the cessation occurs.
(f) Subject to the approval of the Employer, the Employee may choose to work on a
public holiday and receive a leave credit of up to 1 day which must be taken within
the next 12 months. The time in lieu will be taken at the rate of one hour for each
hour worked.
(g) An Employee who with the agreement of the Employer substitutes a public holiday
for another day to observe other religious or cultural occasions of significance to
the Employee will be paid at the ordinary rate of pay for work on that public
holiday.
Paid Overtime
(a) The Employer may direct the Employee to work overtime in excess of the normal
working day to meet particular unavoidable work demands. Such work will not be
a regular occurrence, and reasonable notice of the requirement to work overtime
will be given.
(b) Where the work is required to be performed outside the span of 7.00am to 7.00pm
Monday to Friday, or beyond the current rostering arrangements for Employees
who work shift work, the overtime will be paid overtime and subject to clauses
32.2(c) to 32.2(f).
31.3
Part 2 Overtime
32.
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32.2
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(c) Where the work is unpredictable and the Employer is unable to provide
reasonable notice, the Employee may only refuse to work overtime where this
would impose personal hardship or interfere with an Employee’s family
commitments. The Employee will provide an explanation at the time of refusing
the overtime.
(d) The Employer will ensure that work is organized in such a way that the
requirement to perform overtime is not a regular occurrence.
(e) All paid overtime between Monday to Saturday (excluding Public Holidays) will be
paid at the rate of 150 per cent of the ordinary rate of pay for the first two hours
and 200 per cent for each additional hour, subject to the maximum payment being
based on the hourly rate of the lowest pay point within Grade 4.
(f) All paid overtime on a Sunday (excluding Public Holidays) will be paid at the rate
of 200 per cent for each additional hour, subject to the maximum payment being
based on the hourly rate of the annual salary of the lowest pay point within Grade
4. Shift work Employees who have already completed a rostered day of 7.6 hours
will be paid overtime on a Saturday or Sunday (excluding Public Holidays) at 200
per cent for all overtime worked subject to the maximum payment being based on
the annual salary of the lowest pay point within Grade 4.
(g) All overtime worked on a Public Holiday will be paid at the rate of 250 per cent of
the ordinary rate of pay subject to the maximum payment being based on the
annual salary of the lowest pay point within Grade 4.
(h) All overtime calculations will be rounded up to the next quarter of an hour.
(i) Employees must be paid (unless time in lieu is agreed) for a minimum of three
hours when they are either recalled to duty or on stand-alone overtime.
(j) Where the Employee performs overtime work at the direction of the Employer and
the Employee is not able to utilise the normal means of transport home, the
Employer will organise safe means of transport for the Employee or on production
of a receipt reimburse the Employee the cost of commuting by taxi.
Camping Allowance
The Camping Allowance will be payable in the following circumstances:
(a) Where an Employee is required to camp out or reside in tented or temporary
accommodation.
(b) Where commercially provided accommodation is below an acceptable standard.
Acceptable standards will include all types of hotels, motels and cabin
accommodation with three-star permanent standard.
Three Star standard must include:
(i) Clean bed linen provided
Part 3 Allowances - Non-Emergency
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(ii) Appropriate heating and cooling
(iii) Meals available either directly or indirectly
(iv) Housekeeping cleans after each booking
(v) Ablution facilities that are in room or close to the room
The Allowance rate in this clause is contained in the table below:
Table 111: Camping Allowance (DEECA)
Date of effect Rate per night
1 May 2024 $44.35
1 May 2025 $45.70
1May 2026 $47.05
1 May 2027 $48.45
Non-Emergency Stand-by
An Employee who is required by the Employer as part of their duties to be on stand-by
and available to return within a specified maximum period of time to undertake duty
outside their normal hours of duty will be compensated at the rate as follows:
Table 112: Non-emergency stand-by (DEECA)
Date of effect Rate per night Rate per day night
1 May 2024 $61.10 $122.15
1 May 2025 $62.95 $125.80
1May 2026 $64.85 $129.55
1 May 2027 $66.80 $133.45
The above allowances are paid for being available to perform duty and will include initial
limited response to a telephone call or email, as long as the subject of the telephone call
or email does not require further following up. All work after the initial limited response
will be remunerated as overtime.
An Employee who is required to return to work when on stand-by will be compensated
for each hour or part hour worked, in accordance with the overtime provisions in Part 2
of this Appendix.
Employees must be paid for a minimum of three hours (3) when they are recalled to duty.
Stand-by allowances will not apply where stand-by is explicitly incorporated as incidents
of employment into total remuneration or is otherwise compensated.
33.2
34.
34.1
34.2
34.3
34.4
34.5
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Remote Locations
Factors taken into consideration in determining the remote status of a work centre are:
(a) distance from a large town;
(b) degree of isolation or distance from shops and services;
(c) requirements for additional cost of living;
(d) hardships including impact on spouse and children;
(e) availability of standard community facilities e.g. churches, cultural pursuits,
recreational;
(f) availability of medical facilities;
(g) involvement of family members in delivering Departmental services; and
(h) prior demonstrated difficulty in attracting Employees to the location.
Two levels of Remote Location Allowance are available: (i) Highly Remote and (ii)
Remote.
(a) The locations are listed below:
Table 113: Remote Locations (DEECA)
Rating
Loddon
Mallee
Grampians
Hume Gippsland Port Phillip
(i) Highly Remote
Underbool
Walpeup
n/a
Mitta Mitta
Bendoc
Dargo
N/A
(ii) Remote
Hattah
Werrimul
Nhill
Piangil
Rainbow
Sea Lake
Speed
Birchip
Ouyen
Hopetoun
Wyperfeld
Edenhope
Corryong
Cann River
Swifts Creek
Mallacoota
Tidal River
French
Island
(b) The following categories apply:
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35.2
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Table 114: Remote Locations Allowance (DEECA)
Date of effect
With
dependents
(minimum)
With
dependents
(maximum)
Without
dependents
(minimum)
Without
Dependents
(maximum)
Attraction
payments
High remote allowance
1 May 2024 $5,989 $9,990 $4,196 $6,990 $3,999
1 May 2025 $6,169 $10,290 $4,322 $7,200 $4,119
1May 2026 $6,354 $10,599 $4,452 $7,416 $4,243
1 May 2027 $6,545 $10,917 $4,586 $7,638 $4,370
Remote allowance
1 May 2024 $3,598 $5,989 $2,398 $3,999 $2,001
1 May 2025 $3,706 $6,169 $2,470 $4,119 $2,061
1May 2026 $3,817 $6,354 $2,544 $4,243 $2,123
1 May 2027 $3,932 $6,545 $2,620 $4,370 $2,187
(c) The categories of locations listed above are used for payment of the following
allowances:
(i) For Employees in Category (i) and (ii) locations there is recognition of the
cost and inconvenience of living and working at that location through
payment of an allowance in addition to salary. Starting salary should be
increased by an amount of allowance within the range shown in the above
table. This allowance is paid in addition to salary for disabilities associated
with living and working at the remote location, and will cease to be paid
when the Employee ceases to be employed at that remote location. This
allowance is to be paid in addition to the negotiated starting salary. Starting
salary payments are to be endorsed by the relevant delegate.
(ii) This allowance is to be paid fortnightly to ongoing and seasonal Employees
(pro rata) who live and work at the remote location. Casuals are not eligible
for the payment.
(iii) Employees in category (i) and (ii) locations can in addition receive a one off
payment as follows at the commencement of residence at the location. This
is an added inducement to attract Employees. Payments are to be endorsed
by the relevant delegate.
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Overseas and Interstate Allowance
When an Employee travels overseas or interstate on an Employer sanctioned trip, the
Employer will provide the Employee with a reasonable allowance prior to travel and
reimburse any additional expenses relating to the trip on return. These costs will include
(a) Accommodation, meals and other incidental expenses associated with the trip.
(b) Overseas accommodation and meals will be at a standard equivalent to that
associated with travel within Australia.
Before travelling overseas the Employer and Employee will agree on what is likely to be
an appropriate rate of expenses (taking into account fluctuations with the Australian
dollar) and these monies will be advanced to the Employee prior to travel.
Farm and Building Security Allowance
A Farm/Building Security Officer (FBS Officer) is an Employee who is assigned the
responsibilities and duties for caretaking and security of Departmental property,
including farm land, buildings, equipment and livestock outside of the person’s ordinary
hours of work and/or outside of the normal operating hours of the unit including early
mornings, evenings and weekends.
The FBS allowance is intended to compensate Employees for caretaking and security
performed outside of “normal operating hours” in addition to their normal duties. A FBS
officer duty statement outlining the duties to be performed must be developed and
recorded to ensure that both parties agree as to the functions of the position.
The FBS officer shall be available to perform the duties as required at all times out of
hours in accordance with clause 37.1 of this Appendix.
The allowance is a per annum rate within the ranges specified in the following table and
adjusted to fortnightly payments. The allowance is to be annualised to exclude its
payment during any periods of annual or long service leave and averaged to a fortnightly
rate over the 52 weeks of the year. The allowance is not included as part of salary for
superannuation purposes.
Table 115: Farm and Building Security Allowance
Date of effect Annual minimum Annual maximum
1 May 2024 $5,993.00 $13,983.45
1 May 2025 $6,172.80 $14,402.95
1May 2026 $6,358.00 $14,835.05
1 May 2027 $6,548.75 $15,280.10
The level of allowance to be paid within the ranges is determined by the following
factors:
(a) the average number of out of hours work to be performed each week;
36.
36.1
36.2
37.
37.1
37.2
37.3
37.4
37.5
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(b) the nature and complexity of duties undertaken;
(c) the level of responsibility accorded to the Employee in the performance of duties;
and
(d) the level of inconvenience to the Employee (how restricted is the Employee in
leaving the property or the number of times the Employee has to return to the
property on weeknights and weekends).
Trainer and Assessor Allowance
Based on operational need DEECA will appoint Employees with the necessary training,
accreditation and approvals as Lead Trainers or Skill Coaches.
Employees appointed as Lead Trainers or Skills Coaches will be paid a Trainer/Assessor
allowance.
The allowance is a one-off, annual allowance to be paid prior to the end of February each
year for the preceding calendar year, in the following amounts:
Table 116: Trainer and Assessor Allowance (DEECA)
Payment for year ending Lead Trainer
Amount
Skills Coach
Amount
31 December 2024 $857 $428
31 December 2025 $883 $441
31 December 2026 $909 $454
31 December 2027 $936 $468
Payment of the allowance is contingent on the Employee meeting the following criteria:
(a) working in a role at a grade level of VPS 4 or lower;
(b) current accreditation as approved by DEECA;
(c) satisfactory performance of the Lead Trainer or Skills Coach role at approved
training events;
(d) satisfactory performance of the Lead Trainer or Skills Coach role at approved
assessment events; and
(e) undertaking the appointed role or attending approved accreditation currency and
professional development events, with a minimum of:
(i) 15 days for a Skills Coach (pro-rated for part-time Employees); or
(ii) 25 days for a Lead Trainer (pro-rated for part-time Employees).
38.
38.1
38.2
38.3
38.4
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Application
This Appendix applies to Ministerial Transport Officers (MTOs), which includes drivers
with an assigned passenger and pool drivers.
Ministerial Transport Officers Structure
MTOs are covered by a VPS Aligned Adaptive Structure as outlined in Part 2 of this
Appendix.
Hours of Work
The ordinary hours of work for MTOs are determined by clause 42 of Section I of this
Agreement.
The usual arrangement of hours of work for MTOs are 8:00 am to 4:21 pm, Monday to
Friday. During this time, MTOs must present for work at 1 Treasury Place. This may be
subject to the operation of clause 42.3, Section I of this Agreement.
(a) The usual arrangement of hours of work will be modified by the operation of
clauses 3.3 and 3.4 below.
For MTOs with the Pool classification (per clause 7.1(a)), who are assigned to a
passenger for a period, their usual arrangement of hours of work and the location of
presentation for work will be agreed with the Employer in accordance with clause 42.3,
Section I of this Agreement.
For MTOs who are classified with the Allocated Passenger, Government Leader and
Premier classifications (per clause 7.1(a)), the usual arrangement of hours of work and
the location of presentation for work will be agreed with the Employer in accordance
with clause 42.3, Section I of this Agreement.
Record Keeping
Log Books are to be kept as required by the Employer.
An MTO is required to complete time sheets that records driving jobs and provides
passenger verification of hours worked. Time sheets are to be submitted by the Tuesday
immediately following the end of a reporting period.
Appendix 7 Ministerial Transport Officers
1.
Part 1 Ministerial Transport Officers
2.
3.
3.1
3.2
3.3
3.4
4.
4.1
4.2
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Overtime
Overtime performed by MTOs will be remunerated in accordance with clause 46 of
Section I of this Agreement.
The Employer or MTO will not unreasonably refuse requests for relief if reasonable
notice for such relief requests has been provided.
The Employer may direct the MTO to perform overtime work if:
(a) such work is unavoidable because of work demands; and
(b) reasonable notice of the requirement to work overtime is given by the Employer.
Reasonable time incurred in travelling to or from the MTO’s residence for the
commencement or cessation of duties, either at the MTO’s usual place of employment or
at some other location, must not be included for the purpose of calculating overtime or
counted as time worked unless the travelling time is:
(a) undertaken outside the ordinary hours of work; and
(b) is in excess of the travelling time incurred by the MTO in travelling between the
MTO’s residence and the MTO’s usual place of employment.
To ensure driver and passenger safety the total number of Overtime hours worked by an
MTO is limited to 100 hours in a 4 week period. Further:
(a) if there is an exceptional requirement for an MTO to exceed the limit, the Employer
must be notified in advance, using the relevant form.
(b) the Employer will not approve requests to exceed the overtime limit if in the
opinion of the Employer the excess overtime will create a risk to the health and
safety of an MTO; and
(c) the MTO must take adequate rest breaks during ordinary hours and overtime
hours. Rest breaks must be recorded on the MTO’s timesheet.
To ensure driver and passenger safety, the MTO must notify the Employer if they are
approaching 50 hours overtime worked over a fortnightly period.
To maintain services to allocated passengers, the Employer may provide a replacement
MTO, hire car or make other arrangements for the passenger.
An Employee required to work, in an emergency situation, during or after a rest period
is due will receive overtime compensation in accordance with clause 46.7 of Section I
of this Agreement for all time worked until the MTO takes a rest period of at least 10
hours continuous duration.
Maximum Daily Hours and Minimum Rest Period
To ensure driver and passenger safety an MTO should not perform active driving duty in
excess of 12 hours on any day of duty.
5.
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
6.
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Active driving duty includes both time driving and actively waiting in a vehicle for
passengers, in a state of readiness, to perform driving duties.
Non-active driving administrative duty includes undertaking various relevant tasks
including meetings; filling in timesheets; vehicle logbooks and/or training.
It is understood that during any periods of work, there are periods where the MTO
remains available on duty but are not on either active driving or non-active driving
administrative duty. These periods of work, referred to as available on duty periods, is
an opportunity for the MTO to rest and prepare for duties as described in clauses 6.2
and 6.3.
An MTO must contact Fleet and Chauffeur Services Operations Offices for direction as
soon as practical in the event they expect to exceed 16 hours of duty in any 24 hour
period. This 16 hours of duty includes any combination of periods of active driving duty
(clause 6.1), non-active driving duty (clause 6.2) or available on duty (clause 6.4).
Wherever practicable, an MTO must not be required to perform a further period of work
at the end of any period of daily duty where hours worked are in excess of ordinary hours
of work including additional overtime until a 10 hour rest break can be observed at the
completion of the overtime hours.
If an MTO works overtime which would result in the MTO not having access to a 10 hour
rest break prior to the rostered commencement of their next day of duty the following
procedure should apply:
(a) Where the MTO identifies that it is likely that they will not observe a 10 hour break,
they must make all reasonable and genuine attempts to contact the Fleet and
Chauffeur Services Operations Offices as soon as possible to enable them to
observe the break.
(b) Where a pool, casual, or MTO is on stand by and available to provide relief duties,
and arrangements have been made to allow the MTO to observe the 10 hour break,
the MTO must observe the 10 hour break where it is reasonably practicable to do
so.
(c) Where the MTO is able to observe the 10 hour break, the next day’s duty
commences after the 10 hour rest break has been observed and the MTO
completes the remainder of their ordinary duty.
(d) The Employer must not make a deduction from normal salary where an MTO is
released from their normal duty to enable the MTO to observe a rest break set out
above.
(e) To assist in ensuring that MTOs receive a 10 hour rest break between the end of a
period of overtime and any further period of ordinary time or a period of
standalone overtime, the Employer will provide alternative transport
arrangements to passengers where practicable.
To ensure MTO and passenger safety and ensure MTOs can appropriately manage
fatigue, an MTO must have at least one clear weekend (Saturday and Sunday
consecutively) clear of duty in each four-week period.
6.2
6.3
6.4
6.5
6.6
6.7
6.8
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An MTO must not work ordinary hours or overtime during their clear weekends. Where
in exceptional circumstances, MTOs are directed by the Employer to perform duties on
their clear weekend, they must be paid overtime for all hours worked.
Allowances and Expenses
Stand-by allowance
(a) Stand-by allowances will be paid in accordance with clause 39.5 of Section I of
this Agreement.
Ministerial Role Gratuities
(a) MTOs will receive a Ministerial Role Gratuity where they are allocated to the
Ministerial portfolios of Allocated Passenger, Government Leader or Premier. The
applicable Ministerial Role Gratuities are:
Table 117: Ministerial Role Gratuities
Role: 1 May 2024 1 May 2025 1 May 2026 1 May 2027
Allocated Passenger $3,746 $3,858 $3,974 $4,093
Government Leader $5,885 $6,062 $6,244 $6,431
Premier $11,529 $11,875 $12,231 $12,598
(a) The Government Leader allowance will be paid to:
(i) the leader in both houses of Parliament;
(ii) the Opposition Leader and Opposition Deputy Leader in the Legislative
Assembly; and
(iii) the Deputy Premier.
(b) If an MTO transfers to a position at a lower classification level, they will continue
to receive the gratuity applicable to the position from which they have transferred
for a period of 3 months following their transfer.
(c) Subject to the Trust Deeds of the applicable superannuation schemes, where an
MTO transfers to a position at a lower classification level:
(i) In the case of members of the New Superannuation Scheme and the Revised
Superannuation Scheme, the MTO’s salary for superannuation contribution
purposes shall be the salary (including the Ministerial Role gratuity and the
Retention Allowance per clause 13.3) applicable to the higher position until
such time as the rate applicable to their new classification exceeds the rate
they received in the higher position; and
(ii) in the case of members of Aware Super, the MTO’s salary for superannuation
contribution purposes shall be the salary (including the Ministerial Role
6.9
7.
7.1
7.2
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gratuity and the Retention Allowance per clause 12.3, if any) applicable to
the lower position to which they have transferred.
Overtime Meal Expenses
(a) An MTO will be eligible to receive an overtime meal payment if the Employee is
required to work a period of overtime that:
(i) is immediately before or after a scheduled period of ordinary duty and is
more than 2 hours in duration; or
(ii) is a stand-alone period of overtime that is 4 hours or more in duration.
(b) The categories of meal payments are:
(i) In the case where the duration of the overtime includes the period between
6:00pm and 7:00pm:
• Category A – where an MTO takes a meal break of one hour at any time
prior to completing the overtime; or
• Category B – where an MTO either takes a meal break of less than one
hour but not less than 20 minutes prior to completing the overtime or is
prevented from taking a meal break by reason of safety requirements.
(ii) In all other cases, Category C will be paid where the MTO either takes a meal
break of not less than 20 minutes prior to completing the overtime or is
prevented from taking a meal break by reason of safety requirements.
(c) The rates of payment for an MTO required to work overtime and entitled to a meal
payment under clause 7.3(a) are:
Table 118: Overtime Meal Expenses – Ministerial Transport Officers (DPC)
Date of effect Category A Category B Category C
1 May 2024 $32.00 $21.95 $23.85
1 May 2025 $32.95 $22.60 $24.55
1 May 2026 $33.95 $23.30 $25.30
1 May 2027 $34.95 $24.00 $26.05
Expenses – Travel
(a) Where possible, the Employer will pay accommodation providers directly for
breakfast, dinner and accommodation associated with overnight or part-day travel
in the course of normal duties. If this is not possible, the Employer will reimburse
the MTO for these costs upon production of receipts. Reimbursement will be up to
the Reasonable Benefit Limits determined by the Australian Tax Office.
(b) Absence from the normal place of work does not in itself validate a claim for
payment of expenses. Where the MTO is required to report for or perform duties
7.3
7.4
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away from their normal work location, only the additional costs incurred above
those ordinarily borne by the MTO will be reimbursed.
Incidentals Allowance
MTOs who are required to travel overnight on driving duties will receive an incidentals
allowance determined by the Australian Taxation Office’s reasonable limits on
incidentals expenses.
Telephones
MTOs will be provided with mobile telephones for work purposes. Expenses for the use
of personal mobile telephones for work purposes will be paid in accordance with clause
40 of this Agreement.
Uniforms
(a) The uniform as described in clause 7.7(b) below must be worn by an MTO at all
times while on duty, unless otherwise agreed with the passenger. Uniforms may
only be worn for work purposes. An Employee who presents for work in other than
the required uniform will be considered ineligible for duties.
(b) Upon commencement of employment MTOs will be provided or reimbursed for the
following items of uniform:
(i) 2 trousers / skirts (navy)
(ii) 2 jackets (navy)
(iii) 1 vest or jumper (navy)
(iv) 5 business shirts or blouses (blue)
(v) 1 belt (black)
(vi) 2 crested ties
(vii) 1 pair of sunglasses suitable for driving that must be compliant with the
requirements of AS/NZS 1067.
(c) Upon commencement of employment MTOs will be required to provide the
following items of uniform themselves as applicable:
(i) Shoes or boots (plain black)
(ii) Socks (navy or black)
(iii) Stockings or pantyhose (navy or black)
(iv) Overcoat or trench coat (navy or black)
(v) Hat
(d) Presentation requirements
Each MTO is required to wear a dark navy suit comprised of jacket and pants/skirt.
The suit must be worn with a blue business shirt, the provided tie and plain black
7.5
7.6
7.7
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shoes or boots. Generally wearing of the jacket is at the MTO’s discretion but a
jacket is to be available at all times.
(e) Uniform Allocation
The purpose of the following uniform arrangement is to ensure that MTOs are
initially provided with a suitable uniform and to provide yearly financial assistance
towards the purchase of additional approved uniform items as required by the
MTO.
(f) Reimbursement
(i) After the first 12 months of employment and each 12 months thereafter,
reimbursement up to the amount specified in clause 7.7(f)(ii) below
following approved items – blue shirts/blouses, navy blue trousers/skirt,
jacket, vest/jumpers, overcoat, plain black shoes or boots, belts, ties, socks,
stockings/pantyhose, sunglasses, hats and sunscreen. Where the Employer
provides items of uniform with a logo, these must be replaced every 12
months if the item requires replacing.
(ii) The reimbursement amount (including GST) will be as follows:
Table 119: Uniform Reimbursement Amount – Ministerial Transport Officers (DPC)
Date of effect Reimbursement amount
1 May 2024 $1,241
1 May 2025 $1,266
1 May 2026 $1,291
1 May 2027 $1,316
(g) Uniform Care
Items of uniform are to be kept by MTOs in a clean and presentable manner. MTOs
are responsible for ensuring that all practical steps are taken to prevent damage
or loss.
(h) Uniform return
Suits must be dry cleaned prior to return and other items must be laundered.
Drivers Licenses – Proof of Currency
It is a condition of employment that all MTOs hold a full Victorian Driver’s licence.
Proof of currency of the above licence is to be provided to the Employer annually.
Employees arranging their Vic Roads certificate of currency will be reimbursed for the
cost of that certificate on presentation of the certificate and receipt of payment.
8.
8.1
8.2
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Assisting with Pool Duties
(a) The MTO must assist with pool duties if:
(i) the MTO’s assigned passenger is taking leave; and
(ii) the MTO is not required to perform services for the assigned passenger or
the assigned passenger’s office; and
(iii) the MTO is not on a period of approved leave themselves.
(b) Drivers assisting with pool duties will not exceed the overtime limits specified in
this Appendix.
Compliance with Road Laws
MTOs are required at all times to comply strictly with all road laws, traffic regulations
and council by-laws and are personally responsible for any breaches of these laws.
Use of Ministerial Vehicles
Fleet ministerial vehicles may be driven by the Minister, allocated passenger or approved
Employees if any assigned MTOs become fatigued or cannot drive for other reasons.
Ministerial vehicles are not to be taken out of Victoria without the prior approval of the
Premier.
Ministerial Transport Officers Structure
The Ministerial Transport Officers Adaptive Structure is set out in the table below:
Table 120: Ministerial Transport Officers Structure
Ministerial Transport Officer – Adaptive
Structure
VPS Grade Alignment
MTO 1 VPS 2.2.1
MTO 2 VPS 2.2.2
MTO 3 VPS 2.2.3
MTO 4 VPS 2.2.4
MTO 5 VPS 2.2.5
9.
10.
11.
Part 2 VPS Aligned Adaptive Structure and Classification
Descriptors - Ministerial Transport Officers
12.
12.1
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Ministerial Transport Officer – Adaptive
Structure
VPS Grade Alignment
MTO 6 VPS 2.2.6
MTO 7 VPS 2.2.7
MTO 8 VPS 3.1.1
MTOs who are employed by the Department of Government Services as of 1 May 2024
will be translated to the above structure on 1 May 2025 according to their existing Years
of Continuous Service with DGS/DPC as at 1 May 2025. The table below sets out this
translation:
Table 121: Translation Arrangements for Existing MTOS employed as of 1 May 2024
Years of Continuous Service with DGS/DPC VPS Grade Alignment
11 to 19 years MTO 2
20 to 29 years MTO 3
30 or more years MTO 4
(a) Translation will only occur once on 1 May 2025 for those employed on or before 1
May 2024 and will not occur in future as service milestones are reached.
Full-Time and Part-Time MTOs employed as of 1 May 2024.
Clause 13 applies to all Full-Time and Part-Time MTOs who are employed by the
Department of Government Services as of 1 May 2024.
Eligible MTOs are guaranteed minimum fortnightly earnings as set out in Table 122
below:
Table 122: MTOs – Guaranteed Fortnightly Earnings for Fulltime and Part-Time MTOs employed as of 1 May
2024.
Date of effect Guaranteed Minimum Fortnightly Earnings
1 May 2024 $3,512.47
1 May 2025 $3,617.84
1 May 2026 $3,726.38
1 May 2027 $3,838.17
12.2
Part 3 Grandfathering Arrangements for MTOs employed at
the commencement of the Enterprise Agreement
13.
13.1
13.2
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(a) Allowances, Gratuities, and the Top of Grade Or Value Range Payment under
clause 31, will not be regarded as part of fortnightly earnings for the purposes of
determining whether the Employee has been paid the Guaranteed Minimum
Fortnightly Earnings under the terms of this Appendix.
(b) Part-Time MTOs shall have their Guaranteed Minimum Fortnightly Earnings pro-
rated in accordance with their part-time ordinary hours of work.
To give effect to clause 13.2 above, the following will be performed on a fortnightly
basis:
(a) All eligible MTOs will receive a Retention Allowance.
(i) The amount of the Retention allowance will be the difference between the
applicable Guaranteed Minimum Fortnightly Earnings at clause 13.2 and
the fortnightly equivalent of the applicable annual salary at clause 12.
(b) Overtime earnings that are more than the Retention Allowance will be reduced by
the amount of the Retention Allowance.
(c) Overtime earnings that are equal to or less than the Retention Allowance will be
reduced entirely.
To avoid the unlikely event that an individual MTO’s work pattern in a particular
fortnight is such that an eligible MTO would have been entitled to greater fortnightly
earnings under the terms of the 2020 Agreement compared to this Appendix, the
Employer will complete a reconciliation against the terms of Appendix 7 of the Victorian
Public Service Enterprise Agreement 2020 (2020 Appendix), to ensure the Employee
received greater fortnightly earnings under this Appendix as compared to the terms of
the 2020 Appendix.
(a) Where the reconciliation provided for under clause 13.2 shows the Employee
would have received greater fortnightly earnings for the total fortnightly hours
worked in a particular fortnight under the 2020 Appendix, the Employee is entitled
to be paid the difference between the total fortnightly amount received under this
Appendix and the total fortnightly amount that would have been paid for that
particular fortnight had it been worked under the 2020 Appendix. This difference
will be paid as overtime earnings.
(b) The reference to the 2020 Appendix term in this Agreement is made for the
purposes of establishing baseline for the above reconciliation process. The terms
of the 2020 Appendix do not form part of this Agreement.
13.3
13.4
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Allowances
Eligibility and amounts for reimbursement for travel, meal and relocation expenses will
be consistent with those applied to sworn employees of Victoria Police, as set out in the
relevant Victoria Police guideline, as amended from time to time. However, the Victoria
Police guideline is not incorporated into this Agreement.
Note: the guideline contains the relevant travel, meal and relocation expenses applied to
sworn employees of Victoria Police derived from the Victoria Police (Police Officers,
Protective Services Officers, Police Reservists and Police Recruits) Enterprise Agreement
2019 (Sworn Agreement). Victoria Police will only amend the guideline to ensure it
reflects the terms of the Sworn Agreement as amended or replaced from time to time.
Commuted Allowance
Commuted allowances agreed on a case-by-case basis with the Employee concerned
and/or the relevant Union may be paid in substitution for allowances provided for
elsewhere in this Agreement, in circumstances where the requirements of the relevant
work unit result in members working overtime and/or on-call. An Employee must not
receive less as a commuted allowance over the period that the commuted allowance is
paid, than the Employee would have received had the allowance(s) being commuted
been paid over that period.
Managing Welfare
Victoria Police is committed to ensure the welfare of its Employees and encourage open
conversation between management and employees following exposure to a significant
or critical incident. In the event an Employee is exposed to a significant or critical
incident, the Employer may release the Employee (one day per occasion without loss of
pay) to enable recovery or access to Victoria Police support services from exposure of
the incident.
Wellbeing
For the purposes of this clause, the terms ‘gymnasium’ and ‘exercise facilities’ include all
gymnasiums and exercise facilities at Victoria Police Stations (where they exist), the
Victoria Police Centre and the Police Academy.
Victoria Police Employees may seek access to and utilise Victoria Police gymnasiums and
exercise facilities.
Appendix 8 Victoria Police
Part 1 General
1.
2.
3.
4.
4.1
4.2
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Access to Victoria Police gymnasiums and exercise facilities (including exercise classes
provided for at the Victoria Police Centre, if and when available), are not limited to the
Employee’s workplace. Gymnasium and exercise facilities closer to the Employee’s place
of residence and other locations convenient to them are also accessible.
For clarity, the Employer reserves the right to reasonably limit and control access to any
gymnasium and exercise facilities at its discretion. For example, where facilities are
subject to high demands, the Employer may need to reasonably limit access at peak
periods on workplace health and safety grounds.
Forensic Officer Structure
Forensic Officers are covered by a Non-VPS Aligned Adaptive Structure as set out in Part
3 of this Appendix.
Recall / Overtime Provisions
On approval or direction from the relevant authorised delegate, a Forensic Officer
performing recall and/or overtime, either before or after a period of duty or as an
extension of their duty beyond their normal hours or outside the normal span of hours,
will be paid the hourly rate for their substantive classification in accordance with clause
6.2.
The Employer may require a Forensic Officer to work recall and/or overtime as
necessary for the following:
(a) Attending a scene;
(b) Carrying out urgent laboratory work; and/or
(c) Preparing for court.
Recall / overtime rates will be as follows:
Table 123: Recall Provisions – Forensic Officers (Victoria Police)
For recall/overtime work on
Recall/overtime rate
(% of ordinary hourly rate)
Monday to Saturday (except public
holidays) – first three hours
150%
Monday to Saturday (except public
holidays) – after three hours
200%
Sunday – in all cases (except public
holidays)
200%
4.3
4.4
Part 2 Forensic Officers
5.
5.1
6.
6.1
6.2
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For recall/overtime work on
Recall/overtime rate
(% of ordinary hourly rate)
Public holidays or substituted day 250%
Forensic Officers on higher duties assignment will be paid the recall / overtime rate in
clause 6.2 based on their higher duties classification.
A Forensic Officer recalled from a period of leave in order to attend Court will be paid
the hourly rate for hours worked for their substantive classification.
Work under this clause includes reasonable preparation time to be agreed between the
manager and Forensic Officer, reasonable travel time and time at court.
Forensic Officers may choose to be compensated by either:
(a) Re-credit of leave, plus payment for the first 7.6 hours at a rate of 50 per cent of
the normal hourly rate and a rate of 100 per cent of the normal hourly rate for the
remaining duty; or
(b) No re-crediting of leave, plus payment for the first 7.6 hours at rate of 150 per cent
of the normal hourly rate, and a rate of 200 per cent of the normal hourly rate for
the remaining duty.
Training
Forensic Services Department is committed to the ongoing training and appropriate
work related development of all staff.
Every effort will be made to facilitate agreed individual training requirements that have
been identified and agreed upon during the Performance Development Process.
Attendance at the Australia and New Zealand Forensic Science Symposium (ANZFSS) will
be determined through an appropriate expression of interest process.
Forensic Officer Structure
The following table sets out the wages applicable to Forensic Officers. The Forensic
Officer Work Level Descriptors set out at clause 9 of this Appendix apply
6.3
6.4
6.5
7.
7.1
7.2
7.3
Part 3 Forensic Officers - Non-VPS Aligned Adaptive
Classification Structures and Descriptors - Victoria
Police
8.
8.1
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Table 124: Forensic Officer Structure
Grade
Progression
Level
1 May 2024 1 May 2025 1 May 2026 1 May 2027
Forensic
Officer 1
1 $62,568 $64,445 $66,378 $68,369
2 $63,818 $65,733 $67,705 $69,736
3 $65,094 $67,047 $69,058 $71,130
4 $66,397 $68,389 $70,441 $72,554
5 $67,721 $69,753 $71,846 $74,001
6 $69,077 $71,149 $73,283 $75,481
Forensic
Officer 2
1 $74,003 $76,223 $78,510 $80,865
2 $75,486 $77,751 $80,084 $82,487
3 $76,996 $79,306 $81,685 $84,136
4 $78,538 $80,894 $83,321 $85,821
5 $80,106 $82,509 $84,984 $87,534
6 $81,703 $84,154 $86,679 $89,279
Forensic
Officer 3
1 $92,841 $95,626 $98,495 $101,450
2 $94,698 $97,539 $100,465 $103,479
3 $96,592 $99,490 $102,475 $105,549
4 $98,526 $101,482 $104,526 $107,662
5 $100,498 $103,513 $106,618 $109,817
6 $102,503 $105,578 $108,745 $112,007
Forensic
Officer 4
1 $104,955 $108,104 $111,347 $114,687
2 $107,053 $110,265 $113,573 $116,980
3 $109,193 $112,469 $115,843 $119,318
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Grade
Progression
Level
1 May 2024 1 May 2025 1 May 2026 1 May 2027
4 $111,377 $114,718 $118,160 $121,705
5 $113,600 $117,008 $120,518 $124,134
6 $115,877 $119,353 $122,934 $126,622
Forensic
Officer 5
1 $123,786 $127,500 $131,325 $135,265
2 $126,262 $130,050 $133,952 $137,971
3 $128,787 $132,651 $136,631 $140,730
4 $131,363 $135,304 $139,363 $143,544
5 $133,990 $138,010 $142,150 $146,415
6 $136,670 $140,770 $144,993 $149,343
Forensic
Officer 6
1 $145,321 $149,681 $154,171 $158,796
2 $148,227 $152,674 $157,254 $161,972
3 $151,192 $155,728 $160,400 $165,212
4 $154,216 $158,842 $163,607 $168,515
5 $157,300 $162,019 $166,880 $171,886
6 $160,446 $165,259 $170,217 $175,324
Forensic
Officer 7
1 $168,194 $173,240 $178,437 $183,790
2 $171,558 $176,705 $182,006 $187,466
3 $174,989 $180,239 $185,646 $191,215
4 $178,489 $183,844 $189,359 $195,040
5 $182,059 $187,521 $193,147 $198,941
6 $185,700 $191,271 $197,009 $202,919
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Forensic Officer Work Level Descriptors
Definitions:
• A Forensic Officer’s primary purpose is the application of relevant qualifications, training and
experience to aid the investigation of, and assist with criminal, coronial and civil matters in a
recognised forensic discipline.
• A recognised forensic discipline is one that has been accepted by the Court as an area in which
a qualified practitioner is permitted to give evidence.
• The context of the role will vary but may include:
o Undertaking forensic case work
o Provision of evidence in court
o Development of specialised information technology functions
o Maintenance of quality management systems
o Undertaking research and development
Preamble:
• The work level descriptors do not provide an exhaustive list of duties, but rather they are a
general description of how a position fits into the overall organisation. Specific duties and
qualifications are detailed in the individual position descriptions.
• The descriptors represent a philosophical approach which reflects the knowledge and skill set
for each level of work. Positions at each work level will comprise an aggregation of tasks which
have been assessed as at equal work value.
• Not all elements of each work level are required to satisfy the requirements of the level but
should be considered “on balance”, on the basis of best fit to describe the work.
• The development of skills is considered to be progressive and therefore skills that are referred
to in the narrative for the previous level are assumed to be part of the skill set for the higher
level.
• The descriptors can also serve as a tool for managers to determine appropriate developmental
opportunities for staff in line with the principles of succession planning.
Table 125: Forensic Officer Work Level Descriptors
Table 125.1: Forensic Officer Work Level Descriptors – FO-1 to F0-4
Forensic Officer
FO-1
Forensic Officer
FO-2
Forensic Officer
FO-3
Forensic Officer
FO-4
Grade
description
Undertakes
specific and
defined tasks
within
established
procedures
under close
supervision
Assists in tasks
that are
straightforward
and use
established
Generally, possesses
relevant
qualifications
Conducts analysis of
samples under
direction within
defined parameters
Conducts initial
examination of
exhibits under
supervision
Assists in
prioritising tasks in
Possesses at least an
appropriate degree
and/or relevant
qualification.
Regularly reports
casework in their
own name
May lead a team
through
scientific/technical
activities including
individual and team
performance
Possesses at least an
appropriate degree
and/or relevant
qualification
Is a specialist within
a specific forensic
discipline
Independently
performs
professional work at
an advanced level
Demonstrates
judgement and
9.
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Table 125.1: Forensic Officer Work Level Descriptors – FO-1 to F0-4
Forensic Officer
FO-1
Forensic Officer
FO-2
Forensic Officer
FO-3
Forensic Officer
FO-4
techniques and
work practices
Operates and
maintains
technical or
scientific
equipment
appropriate to
the function and
level of
qualification of
the position
Performs routine
laboratory/techn
ical support
functions
Accountable for
accuracy and
timeliness of
outputs
Maintains
existing systems
and processes
Conducts work of
a basic nature
(may include data
entry and house
keeping)
order to achieve
specified targets
(e.g. triaging)
Investigates,
accurately defines
analyses needs and
priorities and
disseminates
scientific
information using
appropriate
knowledge transfer
techniques through
consultation with
peers and
supervisors
May regularly
interact with a
range of internal
and external clients
to provide advice or
specialist
information
May process crime
scene related
samples within
defined parameters
Performs
fingerprint
casework
Solves routine
problems using
readily available
information, where
alternatives are
limited
Conducts quality
control within work
area, including
keeping records
where necessary
Undertakes training
towards
authorisation in
operation of NAFIS
and LiveScan
systems
Examines crime
scenes in order to
management and
development
Makes qualified
judgements that
impact on the
subsequent
investigation and
legal deliberations
associated with
casework
Conveys specialist
knowledge/judgem
ent that impacts on
legal deliberations
and/or
investigations
Provides expert
advice, including in
the court context
where opinion
evidence may be
required
Has responsibility
for delivering status
reports in relation
to relevant
calibration,
maintenance and
quality assurance
schedules
Communicates
professional/scienti
fic/technical
concepts to less
experienced
colleagues
Delivers discipline
related
presentations using
prescribed methods
and procedures in
casework
May attend and
examine crime
scenes
Solves problems
that may require
specialist
knowledge in a
number of
innovation at a level
consistent with an
established
professional
May undertake non
routine casework
assignments
Prepares and
delivers
presentations and
lectures to
stakeholders,
students and peer
professionals
Formulates and
supervises/mentors
/coaches
professional
development
programs for less
experienced
colleagues
Applies negotiation,
persuasion and
motivation skills to
manage staff and
stakeholders
Recommends
resource allocation
to immediate
Managers in order
to meet service
delivery priorities
Leads, and may
manage a
scientific/technical
or specialist team
and/or projects
Defines the
appropriate
methodology in the
analysis of
casework
Applies sound
theoretical and
practical expertise
in the development
of internal/external
training
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Table 125.1: Forensic Officer Work Level Descriptors – FO-1 to F0-4
Forensic Officer
FO-1
Forensic Officer
FO-2
Forensic Officer
FO-3
Forensic Officer
FO-4
develop and collect
fingerprints
May assist at a crime
scene
scientific/technical
fields
Monitors and
administers local
contracts and
service agreements
within a well
defined service
delivery framework
Applies prescribed
methods and
procedures in
casework
Supervises other
staff as required
May assist in
research and
development,
training and
development of staff
Undertakes
technical reviews of
casework where
appropriate
Interprets results of
analysis
Displays case
management skills
appropriate to
routine casework
undertaken
Assists with
negotiation and
management of
local contracts and
service delivery
agreements
May attend and/or
manage crime
scenes
May assist in the
development and
establishment of
policy
Possesses skills to
undertake routine
casework without
supervision
May participate as a
representative on a
Victoria Police
committee
Takes a lead role in
maintaining quality
systems and
recommends
improvements
Displays sound case
management skills
appropriate to
routine and non
routine casework
undertaken
Undertakes
technical and
administrative
reviews of casework
Professional
Judgement
and Impact
Judgement will be
confined to
existing policies,
protocols and
procedures
within a specific
work area with
little or no impact
outside of these.
Judgement will be
made with respect
to policies, protocols
and procedures with
some impact on the
work unit.
Development of
independent
scientific
professional
judgement within
own area of
expertise
particularly related
to casework.
Impacts internally
and externally to the
Department.
Exercise a
considerable
amount of
independent
scientific judgement
and skill which
impacts on the
Division, law
enforcement and the
courts.
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Table 125.1: Forensic Officer Work Level Descriptors – FO-1 to F0-4
Forensic Officer
FO-1
Forensic Officer
FO-2
Forensic Officer
FO-3
Forensic Officer
FO-4
Innovation
and
Originality
Opportunity for
innovation/origi
nality will be
limited to a
specific work
area and limited
by knowledge
and experience
base. Adapts to
changes in
routine.
Opportunities for
innovation and
originality within
work area and unit.
Ability to adapt to
different work flows
and pressures.
Regularly applies
knowledge and
adapts skills to
manage routine
situations. May be
involved in
research/innovation
projects.
Will be involved in
the identification,
development and
implementation of
new or improved
procedures and
protocols. Will
supervise and/or
engage in
innovation and
research projects.
Communicat
ion
Demonstrates
good written and
oral
communication
skills relevant to a
specific work
area.
Demonstrates good
written and oral
communication
skills within a work
unit and externally
relevant to the work
unit.
Regularly
communicates
policy and
sophisticated
scientific concepts
both internally and
externally.
Ability to convey
specialist concepts
and knowledge to
clients, staff and
stakeholders.
Knowledge
and
Proficiency
Demonstrates
sound knowledge
and practical
proficiency
relevant to a
specific work
area.
Demonstrates sound
knowledge and
practical proficiency
and may provide
specialist advice
relevant to a work
unit both internally
and externally. Is
becoming a
recognised
fingerprint
specialist.
Is a fingerprint
expert, or is
becoming a
recognised specialist
within a specific
subject area. May
control a laboratory
function or field
operation where a
variety of related
scientific functions
are performed.
Is a recognised
specialist within a
specific area of
work.
Decision
Making
Decision making
will be limited to
protocols and
procedures
within a defined
work area and
largely under
supervision.
Applies
understanding of
professional ethics
and the scientific
method in the
development and
conduct of work.
Applies knowledge
of departmental,
organisational and
government policy
to the decision
making process.
Takes responsibility
for decision making
at Unit level.
Takes responsibility
for decision making
that impact on the
day to day
operations.
Table 125.2: Forensic Officer Work Level Descriptors – FO-5 to FO-7
Forensic Officer
FO-5
Forensic Officer
FO-6
Forensic Officer
FO-7
Grade
description
Possesses at least an
appropriate degree and/or
relevant qualification
Possesses at least an
appropriate degree and/or
relevant qualification
Possesses at least an
appropriate degree
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Table 125.2: Forensic Officer Work Level Descriptors – FO-5 to FO-7
Forensic Officer
FO-5
Forensic Officer
FO-6
Forensic Officer
FO-7
Provides high level
scientific/technical
professional services
and/or advice, including
leadership and guidance in
a multi-disciplinary
environment
Possesses appropriate
skills/authorisation(s) to
undertake complex
casework assignments.
Regarded as authoritative
within a particular field
Is recognised as a
specialist in the area of
their profession and relied
on for advice
Manages
multi-disciplinary
casework
teams/assignments and
/or projects
Integrates
scientific/technical
concepts across disciplines
Undertakes complex
casework
Provides leadership,
training and development
for personnel in the
adaptation and application
of forensic disciplines
Interprets and applies
business plans and policies
in own area of
responsibility and
provides advice to others
on implementation issues
Negotiates with internal
and external stakeholders,
peers, industry bodies and
other government
agencies with the objective
of gaining cooperation,
influencing views and
meeting timelines for
delivery of projects,
services or advice
Provides strategic
leadership of
multi-disciplinary teams
and/or assignments
Undertakes the most
complex casework and
resolves major conceptual
scientific, technical or
management problems
that have a significant
impact on a scientific
discipline or the branch
Undertakes casework
likely to require leading
edge research and
development
Judgements are
authoritative
Provides definitive written
and oral advice on
complex and challenging
scientific matters
Identifies and manages or
provides advice on
emerging
scientific/technical,
personnel and/or
economic issues
Plans, initiates and
implements research or
policy responses in
anticipation of significant
scientific/technical, policy
or environmental changes
Leads research and
development into complex,
sensitive or contentious
scientific matters
Manages an area with
significant budget, staff
responsibilities or
strategic importance
Develops service delivery
models within business
plans and objectives
Routinely advises senior
levels of the organisation
on policy issues and
and/or relevant
qualification
Manages a large and
diverse Division
Manages a range of
strategic corporate
functions and long term
initiatives, each with
significant budget, staff
responsibilities, and
strategic importance
Demonstrates strategic
management skills
Recognised
nationally/internationall
y as a specialist in a
particular scientific field
and regularly applies
this knowledge to
achieve highly creative
and/or innovative
solutions
Identifies and responds
to new and emerging
issues in the scientific
field and their longer
term implications
Responsible for the
implementation of
operational policy or
service development
that has significant
impact on the
Department and key
external stakeholders
Provides
policy/legislative advice
to Government, senior
levels of the
Organisation and key
external stakeholders
Responsible for meeting
service objectives,
including financial,
quality and service
delivery targets
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Table 125.2: Forensic Officer Work Level Descriptors – FO-5 to FO-7
Forensic Officer
FO-5
Forensic Officer
FO-6
Forensic Officer
FO-7
Provides leadership in the
application of concepts to
policy development
Participates as a
representative on local
and, on occasions, national
committees
Determines Unit casework
acceptance criteria
Establishes and maintains
a contemporary Forensic
Intelligence Capability,
which includes the
collection and assessment
of scientific data
Manages and leads
projects
Displays high level case
management skills
Allocates personnel and
resources within unit
Establishes educational
standards
Maintains accredited
training programs
Manages and co-ordinates
courses and undertakes
training needs analyses
Manages discrete
functions with staff
responsibilities or
sensitive/complex issues
Reports statistics and
future needs relevant to a
work area
Makes a substantial and
continuing impact within
their field of expertise
through discovery and
communication of new
knowledge
Ensures project
deliverables are aligned
with program outcomes
and government policy
Determines and/or
establishes internal
solutions within a
functional area
Develops
scientific/technical or
professional standards for
the branch/Department
Represents the
Department with external
stakeholders to negotiate
agreed parameters and
delivery of activities to
meet timelines
Responsible for
operational policy or
service development
impacting on the
branch/Department
Contributes to strategic
corporate initiatives and is
responsible for
implementation
Manages and leads
complex projects
Determines branch and
unit casework acceptance
criteria
Manages a diverse range of
specialised functions,
which may use similar
technology and may
comprise several units
Directs ‘leading edge’
research directly
regarding casework
related fields
Manages a large scale
organisational service or
regional delivery function
Develops scientific
solutions/techniques or
strategies that have
significant implications for
the discipline.
Authorises internal
technical/scientific/trainin
g standards
Responsible for the
quality and professional
outcomes of the Division
Contributes advanced
expertise and knowledge
to strategic planning and
decision making
processes of the
Department
Manages strategic
corporate initiatives
Provides leadership and
guidance based on
advanced expertise
Manages major projects
for the Organisation
Implements strategic
corporate direction as it
relates to forensic
science and its
integration with crime
investigation and
associated judicial
processes
Is responsible for the
maintenance of
standards including
Occupational Health and
Safety, accreditation,
education, research and
development
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Table 125.2: Forensic Officer Work Level Descriptors – FO-5 to FO-7
Forensic Officer
FO-5
Forensic Officer
FO-6
Forensic Officer
FO-7
technical/scientific/trainin
g standards
Negotiates and manages
local contracts and service
delivery agreements
Contributes to the
development of technical
or professional standards
specific to the unit
Plans work area processes
Professional
Judgement and
Impact
Makes informed
judgements that have a
significant impact on
analytical processes and
the progress and outcome
of subsequent
investigations and legal
deliberations.
Makes judgements that
impact directly on the
Department, Victoria
Police and national and/or
international initiatives.
Regularly makes
judgements and
develops policy that
impacts on the
Department, Victoria
Police, the Government
(legislation) and other
forensic science service
providers nationally.
Innovation and
Originality
Leads the development of
new areas of work and
makes original
contributions to scientific
knowledge.
Makes a substantial and
continuing impact within
their field of expertise
through the discovery and
communication of new
knowledge.
Undertakes policy
research and new
initiatives that affect
work practices
Divisionally,
Departmentally and
within stakeholder
groups.
Communicatio
n
Negotiates and
collaborates with
stakeholders on
Departmental policy and
programs. Regularly
communicates on scientific
issues locally and
nationally.
Communicates on issues of
science and policy locally,
nationally and
internationally.
Regularly communicates
in writing and orally with
Ministers and senior
managers from a range of
stakeholder groups and
national and
international forensic
science service
providers.
Knowledge
and
Proficiency
Modifies and applies
scientific precedents and
concepts to new situations
that may impact on other
areas and/or result in a
significant redirection of
science and protocols.
Line manages a substantial
scientific and/or technical
multi-disciplinary
Branch/work group. Is
recognised as a
national/international
authority in casework
related fields.
Has a strong knowledge
of relevant Government
policy and legislative
requirements and
national and
international forensic
science ‘business’
practices.
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Table 125.2: Forensic Officer Work Level Descriptors – FO-5 to FO-7
Forensic Officer
FO-5
Forensic Officer
FO-6
Forensic Officer
FO-7
Decision
Making
Regularly makes decisions
that impact on Divisional
policy and external
stakeholders.
Regularly makes decisions
that impact on
Departmental policy and
work/scientific
requirements at a
Divisional and
Departmental level.
Participates at a senior
level in state, national or
international working
parties and committees.
Regularly participates in
decision making at the
senior management level
within the Department,
Victoria Police and
national and
international forums.
Uniform
Property Officers will be provided with access to an appropriate uniform. The uniform
will incorporate shirt, pants, outer garment and shoes/boots.
General
The core terms and conditions of employment for Police Custody Officers will be in
accordance with Section I of this Agreement except as follows.
Appointment and Salary
Police Custody Officers will be employed as Trainees for the duration of their initial
training period. The initial training period means initial time spent undergoing training
at the Victoria Police Academy, or other training location as determined by Victoria
Police.
Police Custody Officers will be required to undertake training and fitness testing as
determined by Victoria Police.
Salary for Police Custody Officers will be in accordance with clause 15 of this Appendix.
Part 4 Property Officers
10.
Part 5 Police Custody Officers
11.
12.
12.1
12.2
12.3
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Hours of Work
Police Custody Officers will be required to work an average of 76 hours per fortnight to
be worked over an average of no more than 10 days per fortnight, within the full span of
24 hours on any day. Wherever possible the Employer should roster each Employee a
minimum of four rest days in a fortnight, or carry the outstanding balance of those rest
days into the following fortnight’s roster.
In each financial year a Police Custody Officer is to be rostered two consecutive rest days
on at least 15 occasions including, where practicable, 10 weekends:
(a) where the Police Custody Officer is absent from work for part of the financial year
the requirement shall be on a pro-rata basis.
(b) a Police Custody Officer may specifically request a roster pattern that precludes
the ability to observe the minimum consecutive rest days rostering. If such a
request is granted, the minimum requirements to consecutive rest days rostering
will not apply.
(c) the Employer may alter a Police Custody Officer’s rest day as a last resort and after
consultation with the Police Custody Officer concerned. Where the rest day is
altered the Employer shall allocate an alternative rest day within the same
fortnight or overtime payments will apply in accordance with clause 46 of Section
I (Overtime) of this Agreement.
Shifts will be rostered in 8 hour and 6 minute blocks to incorporate a 30 minute unpaid
meal break taken no later than five hours after the start of any shift. Meal breaks and
overtime payments will be in accordance with clause 45.2 of Section I (Meal Breaks) of
this Agreement. Police Custody Officers that are in receipt of an annualised overtime
meal allowance and do not receive a meal break are not entitled to the overtime
payments in clause 46 of Section I (Overtime) of this Agreement.
Police Custody Officers will be granted a night work recovery shift following a period of
7 or more consecutive shifts of night work.
Night work recovery shift means a period of 24 hours free of duty from the conclusion of
a night shift and before the commencement of the next period of duty.
Where the Police Custody Officer and the Employer agree to work a pattern of night shift
other than 7 consecutive shifts of night work, the night work recovery shift must attach
to the longest continuous period of night work in that period. In this case, the employer
will roster only one night work recovery shift in a 28 day period and will ensure recovery
from other periods of night work by rostering the Employee in a ten hour minimum
break or a rest day.
Where a Police Custody Officer is required to work on a night work recovery shift,
overtime compensation will apply in accordance with clause 46 (Overtime) of Section I
of this Agreement for all time worked until a rest period of at least 10 hours continuous
duration is taken.
Shift and overtime payments will be in accordance with Section I of this Agreement.
13.
13.1
13.2
13.3
13.4
13.5
13.6
13.7
13.8
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Uniform
Police Custody Officers will be provided with an appropriate uniform as determined by
Victoria Police.
A Police Custody Officer, required by the Employer, to have and maintain a uniform shall
be paid a fortnightly allowance of $15.
Police Custody Officer Structure
The structure applying to Police Custody Officers is set out in the table below. The salary
minimums referred to in this table are referenced against the VPS Structure set out in
Schedule C. The Police Custody Officer Classification Descriptors set out at clause 16
and clause 17 of this Appendix apply.
Table 126: Police Custody Officer Structure
Police Custody Officer (PCO)
Structure
VPS Grade Alignment
PCO 1
Trainee
VPS salary point 1.1.4
PCO 2
Police Custody Officer
VPS salary 2.1.1 to VPS salary point 2.2.7
PCO 3
Police Custody Supervisor
VPS salary 3.1.1 to VPS salary point 3.2.5
Police Custody Officer Descriptors
The classification descriptors for Police Custody Officers are provided in clause 17 of
this Appendix.
The Police Custody Officer classification descriptors provided in clause 17 of this
Appendix are to be read in conjunction with the below information:
(a) PCO 2 descriptor 23: Court Assistance
(i) In accordance with clearly defined procedures, the PCO 2s will escort a
prisoner to the court (for example walking them through from the police
station), supervise that prisoner at the court and if so directed, escort the
prisoner to another facility (could be back to the police station);
14.
14.1
14.2
Part 6 Police Custody Officer VPS Aligned Classification
Structure and Classification Descriptors - Victoria
Police
15.
15.1
16.
16.1
16.2
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(ii) Police Custody Officers will use the same powers in the court as they would
in the police cells. Court should be generally be interpreted as Magistrate’s
Court because persons in police custody do not attend higher courts without
being first in remand;
(iii) Police Custody Officers will not be required to perform court security/guard
duties;
(iv) Police Custody Officers may be required when directed by the Magistrate to
assist Protective Services Officers and Police Members if a situation arises
that requires assistance in court; and
(v) If a Police Custody Officer is present in court they may be directed by the
Magistrate to apply handcuffs or temporarily supervise a person in court.
(b) PCO 2 descriptor 24: Transport of persons in custody
(i) The Custody Sergeant will undertake a risk assessment and make all the
operational/safety decisions before any transport/escort of a person in
custody takes place;
(ii) Two Police Custody Officers will transport/escort persons in custody at all
times; and
(iii) Where only one Police Custody Officer is available a Police Member will be
required to perform transport/escort duties alongside the Police Custody
Officer.
(c) PCO 2 descriptor 25: Fingerprinting
(i) Only Police Members will be authorised to ask the relevant questions of a
person in custody prior to taking of fingerprints;
(ii) Police Custody Officers will only take a person’s fingerprints where consent
is given by the person in custody; and
(iii) Victoria Police has established that the majority of live scan fingerprinting
in metro and country locations is undertaken by VPSG-2s.
(d) PCO 3 descriptors 23 and 24: Buccal Swabs (DNA)/Oral Fluid
Testing/Evidentiary Breath Testing
Victoria Police has established that Police Custody Officers will unlikely perform
these tasks in the foreseeable future.
Police Custody Officer Classification Descriptors
The classification descriptors applying to Police Custody Officers are outlined in the table below.
Part 7 Police Custody Officers - Classification Descriptors
17.
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Table 127: Police Custody Officers – Classification Descriptors
Table 127.1: Police Custody Officer Classification Descriptors
Police Custody Officer 1 Police Custody Officer 2 Police Custody Officer 3
Relates only to Police Custody
Officer initial training period.
The purposes of the initial
training period is to provide
an understanding of the police
custody environment and
equip staff with the basic skills
and knowledge to enable them
to work effectively in a police
custody environment.
A Police Custody Officer 1:
1. In the police custody
environment always
works under close
supervision, either
individually or in a team.
2. Undertakes specific and
defined tasks within
established rules under
close supervision.
3. Works under clear and
detailed instructions;
tasks covered by standard
procedures.
4. Is aware that deviation
from procedures or
unfamiliar situations is to
be referred to higher
ranks.
5. Performs work that is
regularly checked.
6. Maintains existing
systems and processes.
7. Provides and receives
routine information.
8. Has a focus on learning,
developing and refining
work skills.
9. Requires knowledge of
equipment and tools to
perform routine tasks,
experiments and
procedures, and develops
practical application of
these skills.
A Police Custody Officer 2:
1. Provides standard services
under general supervision
and within a defined service
delivery framework (e.g.
Chief Commissioner
Instruction, Local Standard
Operating Procedures).
2. Undertakes risk
assessments when receiving
prisoners in to facility.
3. Maintains security in
accordance with established
procedures and controls
offender movement through
surveillance and the
operation of security
equipment.
4. Manages persons in custody,
within defined procedures,
in such a way as to maintain
security and good order, and
achieve co-operation.
5. Monitors current service
delivery methods and
identifies and recommends
improvements to ensure
that higher quality service is
achieved.
6. Provides information and
explains rules, procedures
and operational policies to
individual persons in
custody and, where
appropriate, to colleagues.
7. Resolves conflicts, issues
and problems within
guidelines and procedures.
8. Administers emergency first
aid where required.
9. In accordance with
operating procedures
interviews, assesses and
supervises persons in
custody.
A Police Custody Officer 3:
1. Typically supervises a team
within the police custody
environment.
2. Supervises, coaches and
trains less experienced staff.
3. Provides direction and
feedback to staff who report
to them.
4. Manages more complex
offenders
5. Initiate improvements to
service delivery within their
areas of responsibility
consistent with local or
organisational guidelines.
6. Conducts basic analysis of
statistical information
relevant to the role;
7. Implements and maintains
procedures and systems
relevant to area of
responsibility.
8. Monitors quality of service
delivery and ensures that
events / processing occur in a
timely and efficient manner.
9. Exercises professional
judgement about the
application of rules, or the
selection of choices within
guidelines.
10. Resolves local operational
service delivery problems
within guidelines.
11. Reviews decisions,
assessments and
recommendations from less
experienced team members.
12. Determines the work
organisation of the work
area.
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Table 127.1: Police Custody Officer Classification Descriptors
Police Custody Officer 1 Police Custody Officer 2 Police Custody Officer 3
10. Administers routine
questionnaires and tests to
persons in custody.
11. Ensures maintenance of
correct usage of equipment.
12. Provides advice on
operational issues to senior
staff.
13. Applies rules, processes and
standards under general
supervision.
14. Within operational
constraints, may plan and
prioritise own work
program to achieve defined
targets.
15. Is required to use judgement
to solve problems arising in
own work program.
16. Presents routine
information to small groups
and provides feedback to
organisation.
17. Drafts routine internal
reports and correspondence.
18. Liaises with stakeholders,
persons in custody and
external providers of goods
and services.
19. Understands procedures for
effectively dealing with
people exhibiting
challenging behaviours.
20. Understands and applies
basic theoretical principles,
under supervision, to
achieve defined outcomes.
21. Develops knowledge of
established techniques and
organisational processes.
22. Uses software and technical
equipment proficiently.
23. Uses power of ‘authorised
officers’ under the Security
Act.
24. Uses ‘transport and
supervise’ powers to
13. Provides analysis and advice
to contribute to decision-
making by others.
14. Within guidelines, may
manage budget and resources
for the work area.
15. Lead a team through
activities including individual
and team performance
management and
development.
16. Explains concepts and
policies to people in custody,
stakeholders and staff.
17. Plans, leads, and facilitates
information sessions and
consultative processes in a
range of settings.
18. Provide formal briefings for
senior staff on significant
issues.
19. Communicates issues and
advocates a preferred case or
option to stakeholders.
20. May be required to provide
professional / technical
advice consistent with role.
21. Uses theoretical knowledge
to achieve agreed outcomes
in moderately complex work
situations.
22. Is authoritative in the
application of processes and
policy relevant to the work
unit.
23. Administers evidentiary
breath tests and takes oral
fluid samples under the Road
Safety Act.
24. Supervises the taking of
buccal swabs under the
Crimes Act.
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Table 127.1: Police Custody Officer Classification Descriptors
Police Custody Officer 1 Police Custody Officer 2 Police Custody Officer 3
manage the custody of an
arrested person in the police
station or at a hospital.
25. Supervises the taking of
fingerprints under the
Crimes Act
General
This Part 8 applies to Custodial Nurses. Custodial Nurses are defined as nurses
employed in Custodial Health Services, State Emergencies and Support Command (or the
equivalent as described from time to time).
The core terms and conditions of employment for Custodial Nurses will be in accordance
with Section I of this Agreement except as follows.
Shift Allowances (Saturday, Sunday, public holiday and night
shifts)
Where a Custodial Nurse works a five-or-seven-hour shift, clause 43.2(d) of Section I
of this Agreement should be applied.
Where a Custodial Nurse works a 12-hour shift, the below clause applies in lieu of clause
43.2(d).
(a) For the purpose of this clause “part of a shift” means that period on a Saturday,
Sunday or public holiday from:
(i) Midnight to completion of shift; or
(ii) Commencement of shift to midnight.
(b) A Custodial Nurse is entitled to be paid:
(i) The appropriate shift allowance for a Saturday, Sunday or public holiday (as
applicable) as prescribed in clause 43.2(a) of Section I of this Agreement
for each hour worked on that part of a shift that falls on the Saturday, Sunday
or public holiday; and
(ii) The appropriate shift allowance for each hour worked on that part of a shift
that does not fall on the Saturday, Sunday or public holiday.
(c) Custodial Nurses are entitled to the shift allowances set out in clause 43.2 of
Section I of this Agreement, except that Custodial Nurses are not entitled to the
50% allowance plus one day leave in lieu of work performed on a public holiday.
Part 8 Custodial Nurses
18.
18.1
18.2
19.
19.1
19.2
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For clarity, this means that Custodial Nurses who perform part of a night shift on
a public holiday are entitled to the 150% allowance for each hour worked on the
public holiday. This rule also applies if both parts of a night shift performed by a
Custodial Nurse fall on public holidays.
Example:
An employee is rostered to work from 19:00 to 07:30 with the shift commencing on a Sunday.
The hours worked between 19:00 to 24:00 will be paid at the applicable Sunday rate. For hours
worked between 24:00 and 07:30 on the Monday, each hour attracts the relevant Monday shift
allowance.
Example:
An employee is rostered to work from 19:00 to 07:30 with the shift commencing on a public
holiday (i.e. Tuesday). The hours worked between 19:00 to 24:00 will be paid at the applicable
public holiday rate of 150%. For hours worked between 24:00 and 07:30 on the non-public
holiday (i.e. Wednesday), each hour attracts the relevant shift allowance (i.e. Wednesday shift
allowance).
Example:
An employee is rostered to work from 19:00 to 07:30 with the shift commencing on Christmas
Day and finishing on Boxing Day. As both parts of the night shift are performed on public
holidays, all hours worked during the whole shift will be paid at the applicable public holiday
rate of 150%.
Daylight Saving
See also clause 46(Overtime)
Despite the overtime provisions of this Agreement, if a Custodial Nurse works on a shift
during which time changes because of the introduction of, or cessation to, daylight
saving, that Custodial Nurse will be paid for the actual hours worked at the ordinary time
rate of pay.
Example:
A Custodial Nurse is rostered to work a twelve hour night shift from 19:00 through to 07:30
(including a 30 minute paid meal break). During the course of this shift, the clock is wound
forward one hour due to the commencement of daylight saving.
The Custodial Nurse therefore works eleven hours. The Custodial Nurse is paid for eleven hours
at their ordinary time rate of pay (including any shift penalties or allowances ordinarily payable
in respect of this shift).
Example:
A Custodial Nurse is rostered to work a twelve hour night shift from 19:00 through to 07.30
(including a 30 minute paid meal break). During the course of this shift, the clock is wound back
one hour due to the cessation of daylight saving.
20.
20.1
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The Custodial Nurse therefore works thirteen hours. The Custodial Nurse is paid for thirteen
hours at their ordinary time rate of pay (including any shift penalties or allowances ordinarily
payable in respect of this shift). No overtime is paid for the additional hour worked.
For the purpose of calculating accrued days off, Custodial Nurses who work on a shift
during which time changes because of the introduction of, or cessation to, daylight
saving, will be taken to have worked the standard hours for a night shift in accordance
with the roster.
Qualification Allowance
Entitlement
Subject to clause 21.2 below, a Custodial Nurse is entitled to a qualification allowance, if they
have a:
(a) relevant qualification in addition to their base nursing qualification; or
(b) base qualification that is a double degree or master’s degree.
Eligibility
Custodial Nurses in receipt of a 20% retention allowance are not entitled to the qualification
allowance.
One Qualification Allowance Only
A Custodial Nurse holding more than one qualification is entitled to one qualification allowance
only, being the allowance for the highest qualification held.
Evidence
A Custodial Nurse claiming entitlement to a qualification allowance must provide to the Employer
evidence of the relevant qualification for which the entitlement is claimed.
A Custodial Nurse will meet the evidence requirements when they have provided the Employer
with evidence from the education / training provider that would satisfy a reasonable person that
the Custodial Nurse has obtained the qualification for which the allowance is claimed, for example:
(a) the award of the qualification; or
(b) the certificate of the qualification.
Rates for Qualification Allowances
A Custodial Nurse entitled to a qualification allowance under this clause will be paid, in addition
to their base salary, as follows:
(a) 4.0% of the employee’s base rate of pay for a Graduate Certificate;
(b) 6.5% of the employee’s base rate of pay for a Postgraduate Diploma, Degree or a
Double Degree;
(c) 7.5% of the employee’s base rate of pay for a Masters; or
20.2
21.
21.1
21.2
21.3
21.4
21.5
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(d) 10% of the employee’s base rate of pay – for a Doctorate or a PhD.
Pro rata entitlement
The allowance is to be paid on a pro-rata basis for part-time and casual employees.
Aboriginal and Community Liaison Officers
Victoria Police recognise the cultural and linguistic diversity of Community Liaison
Officers and Aboriginal Community Liaison Officers across the network. Where Victoria
Police agrees to appoint a Community Liaison Officer or Aboriginal Community Liaison
Officer to use their skills in a second language to assist members of the public who have
low English proficiency and as part of their role, they will be entitled to the language
allowance as set out in clause 39.4 of this Agreement provided the eligibility criteria has
been met.
The Community Liaison Officers and Aboriginal Community Liaison Officers will be
provided with two name badges during the life of this Agreement, which will identify
their role within Victoria Police.
21.6
Part 9 Aboriginal and Community Liaison Officers
22.
22.1
22.2
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Application
This Appendix applies to Transport Safety Officers (TSO) in Safe Transport Victoria (ST
Vic).
Court Appearances
Where a TSO in Safe Transport Victoria is required to attend at court or remain on
stand-by for attendance at a court as a part of their duties, the Employer will make every
effort to ensure that such events are scheduled to occur during times that the Employee
is rostered for work.
Where clause 2.1 is not possible, the following applies:
(a) Where the Employee is required to attend at court at a predetermined time, that
time will be paid as overtime in accordance with clause 46, Section I of this
Agreement.
(b) Where the Employee is not required to attend at court at a predetermined time,
but must remain on stand-by for attendance, for each day or part thereof that an
Employee is required to be available, payment of the 'per night' stand-by
allowance in accordance with clause 39.5, Section I of this Agreement will be
made. Actual attendance, if required, will be paid in accordance with clause 39.5,
Section I of this Agreement.
Non-Emergency Stand-By
A TSO who is required by the Employer to be on stand-by under Section I, Part 5, clause
39.5 of this Agreement, will be compensated at the rates specified in the following table:
Table 128: Non- Emergency Stand-By (ST Vic)
Date of effect
Primary stand-
by - rostered on
ordinary day -
Daily rate
Primary stand-
by - not
rostered on
ordinary day -
Daily rate
Secondary stand-
by - rostered on
ordinary day -
Daily rate
Secondary stand-
by - not
rostered on
ordinary day -
Daily rate
1 May 2024 $61.20 $122.00 $44.00 $87.85
1 May 2025 $63.05 $125.65 $45.30 $90.50
1 May 2026 $64.95 $129.40 $46.65 $93.20
1 May 2027 $66.90 $133.30 $48.05 $96.00
Appendix 9 Safe Transport Victoria
1.
2.
2.1
2.2
3.
3.1
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Primary Stand-by:
A TSO who is required to return to work when on stand-by will be compensated in
accordance with Section I, Part 5, clause 39.5 of this Agreement.
3.2
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Introduction
In recognition of the particular work arrangements of surveillance officers within the
Surveillance Unit of the Independent Broad-based Anti-corruption Commission (IBAC)
and specified Employees within the Investigations Unit of IBAC, Eligible Employees may
elect to be paid a composite allowance under Part 1 of this Appendix.
Eligible Employees
For the avoidance of doubt, Part 1 of this Appendix applies to all Eligible Employees,
unless otherwise specified.
For the purposes of Part 2 of this Appendix, an Eligible Employee is an IBAC Employee
who is:
(a) primarily employed as a surveillance officer in the Surveillance Unit (Eligible
Surveillance Officer); or
(b) employed within the Investigations Unit as:
(i) Team Leader Investigations,
(ii) Principal Investigator;
(iii) Senior Investigator;
(iv) Senior Intelligence Analyst;
(v) Investigator;
(vi) Intelligence Analyst;
(vii) Senior Forensic Accountant; or
(viii) Other Eligible Operations / Intelligence/Investigative Employees as
described from time to time; and
(c) is fully fit to perform their duties; and
(d) holds all necessary qualifications and licenses to perform their duties, as required
from time to time, and
(e) makes themselves available to work:
Appendix 10 Independent Broad-based Anti-corruption
Commission
Part 1 Surveillance, Investigators, Intelligence Analysts and
Senior Forensic Accountants
1.
2.
2.1
2.2
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(i) ordinary hours of work (as defined in clause 4 of Part 1 (Ordinary Hours
of Work), in respect of Eligible Surveillance Officers only; and
(ii) the work arrangements set out at clause 5 of Part 1 (Work
Arrangements); and
(f) who, at the time at which Ordinary Hours of Work and Work Arrangements are
performed, holds a position classified at or below VPS 6 grade.
Where an Eligible Employee is promoted to VPS Grade 7 or higher, or paid a higher duties
allowance for performing duties classified at VPS Grade 7 or higher the Eligible Employee
is not entitled to the Composite Allowance from the date of the promotion or the
commencement of the performance of the higher duties.
Composite Allowance
The Composite Allowance will be paid in addition to the Eligible Employee’s base salary
and shall be calculated annually at:
(a) 20 per cent of an Eligible Surveillance Officer’s base salary (in respect of Eligible
Surveillance Officers only); and
(b) 10 per cent of an Eligible Intelligence/Investigative Employee’s base salary (in
respect of Eligible Intelligence/Investigative Employees only).
The Composite Allowance and the other entitlements provided under Part 1 of this
Appendix are in lieu of all entitlements which are otherwise applicable under Section I
– Core Terms and Conditions of Employment of this Agreement and Part 2 of this
Appendix, inclusive of:
(a) Ordinary hours of work,
(b) Stand-by
(c) Recall to duty
(d) Overtime
(e) Time off in lieu
(f) Meal arrangements
(g) Meal breaks
(h) Work before the expiry of the minimum 10 hour break between periods of duty,
(i) Hours required to work outside the core hours of work between 7am and 7pm,
and
(j) In relation to work performed by:
(i) Eligible Surveillance Officers during Ordinary Hours of Work, and in respect
of the Work Arrangements; and
2.3
3.
3.1
3.2
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(ii) Eligible Intelligence/Investigative Employees in respect of the Work
Arrangements.
Ordinary Hours of Work for Eligible Surveillance Officers
For the avoidance of doubt, clause 4 applies only to Eligible Surveillance Officers.
Ordinary hours of work for Eligible Surveillance Officers are an average of 76 hours per
fortnight.
Ordinary hours of work may be rostered on:
(a) Saturdays; or
(b) Sundays; or
(c) Public Holidays; or
(d) Afternoon Shifts; or
(e) Night Shifts.
Afternoon Shift for a full-time Eligible Surveillance Officer means a period of duty
commencing on or after 10.00am and before 8.00pm.
Night Shift for a full-time Eligible Surveillance Officer means a period of duty
commencing on or after 8.00pm and before 6am.
Afternoon or Night Shift for a part-time eligible Employee means a period of duty
commencing on or after 6.00pm and before 8.00am.
Work Arrangements
For the purposes of Part 1 of this Appendix, Work Arrangements means:
(a) overtime work performed up to an average of 14 hours per fortnight as calculated
over a 3 month period with respect to Eligible Intelligence/Investigative
Employees;
(b) overtime up to and including 14 hours overtime per fortnight with respect to
Eligible Surveillance Officers;
(c) work performed following recall to duty on:
(i) up to 26 occasions per calendar year for Eligible Surveillance Officer;
(ii) up to 12 occasions per calendar year for Eligible Intelligence/Investigative
Employees;
(d) stand-by duty, including any applicable allowance, performed during up to and
including;
(i) 26 weeks per calendar year, with respect to Eligible Surveillance Officer; and
4.
4.1
4.2
4.3
4.4
4.5
4.6
5.
5.1
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(ii) 12 weeks per calendar year, with respect to Eligible
Intelligence/Investigative Employees;
(e) work performed prior to the expiry of an ten hour break between shifts on up to
12 occasions per calendar year;
(f) work performed during meal breaks; and
(g) work performed by Eligible Surveillance Officers without 14 days’ notice of a
change to roster arrangements having been given including, but not limited to,
changes to rostered start times.
For the purposes of Part 1 of this Appendix, overtime for an Eligible Surveillance Officer
means actual hours worked in excess of an average of 76 hours per fortnight. For Eligible
Intelligence/Investigative Employees, the definition of overtime is as set out at Section
I – Core Terms and Conditions of Employment.
Election of Composite Allowance
An Eligible Employee may elect to be paid:
(a) the Composite Allowance; or
(b) in accordance with the entitlements provided under the Core Terms and
Conditions of Employment of the Agreement and the Supplementary Terms and
Conditions of Employment for Operational Employees contained in Part 2 of this
Appendix.
An election by an Eligible Employee to be paid the Composite Allowance:
(a) must be in writing;
(b) will commence from the first pay period after the election is made; and
(c) will remain in force unless rescinded or withdrawn in accordance with the
provisions of clause 8 of Part 1 of this Appendix.
If an eligible Employee does not elect to be paid the Composite Allowance in accordance
with the provisions of Part 1 of this Appendix, the Eligible Employee will be paid for
work performed in accordance with the entitlements under the Core Terms and
Conditions of Employment of this Agreement and the Supplementary Terms and
Conditions of Employment for Operational Employees contained in Part 2 of this
Appendix.
Payment of Composite Allowance
If an Eligible Employee has elected to be paid a Composite Allowance, the Composite
Allowance will be paid in equal fortnightly payments at the same time at which the
Eligible Employee’s base salary is paid.
The Composite Allowance will be paid during periods of annual leave, long service leave
and during the first four weeks’ of personal leave (including accident compensation
5.2
6.
6.1
6.2
6.3
7.
7.1
7.2
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leave) taken in aggregate in a calendar year and will be included for calculation of pay in
lieu of long service leave.
In addition, an Eligible Surveillance Officer who elects to be paid the Composite
Allowance and who is rostered to work, and during Ordinary Hours of Work, works:
(a) at least ten Sundays and/or Public Holidays during the annual leave accrual year,
will be entitled to an additional week of annual leave; or
(b) less than ten Sundays and/or Public Holidays, during the annual leave accrual year,
will be entitled to additional annual leave at the rate of one tenth of a working week
in respect of each Sunday and/or Public Holiday so rostered and worked.
Ending the Composite Allowance
Upon the giving of 28 days’ written notice to the Employer, an Eligible Employee may
rescind an election to be paid the Composite Allowance. Upon the rescission becoming
effective, the Eligible Employee will be paid for work performed in accordance with the
entitlements under the Core Terms and Conditions of Employment of this Agreement
and the Supplementary Terms and Conditions of Employment for Operational
Employees contained in Part 2 of this Appendix.
An Eligible Employee who has rescinded an election to be paid the Composite Allowance
may, on the anniversary of the Eligible Employee’s annual salary increase under the Core
Terms and Conditions of Employment of this Agreement, re-elect to be paid the
Composite Allowance (but not before this date). Such election must be made in
accordance with, and will be governed by, the provisions of Part 1 of this Appendix.
Upon the giving of 28 days’ written notice to an Eligible Employee, the Employer may
withdraw an Eligible Employee’s entitlement to elect and be paid the Composite
Allowance. A decision by the Employer to withdraw an Eligible Employee’s entitlement
to elect and be paid the Composite Allowance will be based on:
(a) the Employee no longer being eligible to be paid the Composite Allowance, in
accordance with clause 2 of Part 1;
(b) the Eligible Employee being unavailable or having a limited capacity to perform
the Work Arrangements, and the Ordinary Hours of Work (with respect to Eligible
Surveillance Officers); or
(c) a change in work practices or circumstances which, in the reasonable opinion of
the Employer, significantly reduces the requirement for an Eligible Employee to
undertake the Work Arrangements, and the Ordinary Hours of Work (with respect
to Eligible Surveillance Officers).
If the Composite Allowance arrangement ceases under this sub-clause, an Eligible
Employee may request in writing to again be paid the Composite Allowance only after
12 months has lapsed since the Employer withdrew the arrangement. Acceptance will be
at the discretion of the Employer, having regard to the inherent requirements of the job
and whether or not the circumstances relating to the withdrawal have changed. If the
Employer accepts the Composite Allowance request, the Composite Allowance
arrangement will commence in accordance with clause 7.
7.3
8.
8.1
8.2
8.3
8.4
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Overtime and TOIL
Subject to the other terms of Part 1 of this Appendix, an Eligible Employee who is paid
the Composite Allowance:
(a) is entitled to be paid for overtime worked in excess of that set out in the Work
Arrangements, in accordance with the Supplementary Terms and Conditions of
Employment for Operational Employees contained in Part 2 of this Appendix; or
(b) may elect to take time off in lieu (TOIL) of payment for overtime worked in excess
of that set out in the Work Arrangements, in accordance with the Supplementary
Terms and Conditions of Employment for Operational Employees contained in
Part 2 of this Appendix.
Overtime shall only be worked with the prior approval of the relevant Manager or
delegate thereof. This includes the overtime included in the Work Arrangements.
Prior to commencing any overtime in excess of that set out in the Work Arrangements,
the Eligible Employee and the Employer must agree as to whether such overtime will be
paid or taken as TOIL, in accordance with this Appendix. The Employer will agree to
overtime in excess of that set out in the Work Arrangements being paid unless the
Employer considers that health and safety considerations indicate that such overtime
should be taken as TOIL.
TOIL can only be accrued to a maximum of 38 hours at any one time. Once an eligible
Employee accrues 38 hours of TOIL, any additional overtime hours in respect of which
the Eligible Employee would have an entitlement to be paid or take TOIL under Part 1 of
this Appendix must be taken as paid overtime.
During any one calendar year, a maximum of 38 hours TOIL may be converted into
annual leave.
Stand-by
Eligible Employees will not be rostered for stand-by duty while on approved leave.
An Eligible Employee who is rostered for stand-by duty must, at all times while on stand-
by duty:
(a) be contactable;
(b) have a zero-blood alcohol level; and
(c) be able to return to their place of work within a reasonable time of being recalled
to duty, which must not exceed one hour from the time of recall.
An Eligible Employee who is paid the Composite Allowance will be paid for stand-by duty
undertaken in excess of:
(a) 26 weeks per calendar year with respect to Eligible Surveillance Officers; and
(b) 12 weeks per calendar year, with respect to Eligible Intelligence/Investigative
Employees;
9.
9.1
9.2
9.3
9.4
9.5
10.
10.1
10.2
10.3
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in accordance with the Supplementary Terms and Conditions of Employment for
Operational Employees contained in Part 2 of this Appendix.
Record and Review of Hours Worked
Eligible Employees are required to promptly and accurately record their hours worked
in accordance with this clause, or as otherwise required by the Employer, to ensure all
overtime worked is reasonable and does not present a risk to operational health and
safety.
(a) At the end of the first 12 month period following the commencement of this
Agreement, an audit of the data collected under clause 11 of this Appendix will be
undertaken by the Employer. In the event that the amount paid to an Employee
who has elected to be paid the composite allowance is less than the amount to
which the Employee would have been entitled, had the employee not elected to be
paid the composite allowance, the Employee will be paid an amount equivalent to
the shortfall within 28 days of completion of the audit.
(b) The Employer will conduct a further review 24 months after the commencement
of this Agreement and de-identified data will be made available to CPSU and
Employees. Any shortfall in payment to any Employee will be paid in accordance
with clause 11.1(a).
(c) The Employee will be provided with a copy of the audit conducted under clauses
11.1(a) and 11.1(b).
(d) Following the review under clause 11.1(b), the Employer will meet with:
(i) Employees to brief them on the outcome of the review; and
(ii) CPSU to discuss the findings of the review and value of the composite
allowance.
Rostering Principles
Should there be any changes to the current rostering principles applicable to Eligible
Surveillance Officers, IBAC will follow the processes outlined in clause 11
(Implementation of Change) of this Agreement.
Introduction and Application
The nature of the work performed by operational Employees of IBAC will at times
require those Employees to work longer, unusual and less regular hours than those
envisaged by Part 6 - Hours of Work and Related Matters of the Core terms and
Conditions of Employment of this Agreement.
11.
11.1
12.
Part 2 Supplementary Terms and Conditions of Employment
for Operational Employees
13.
13.1
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The terms and conditions set out in Part 2 of this Appendix apply to Employees
employed in any of the following units of IBAC:
(a) Surveillance;
(b) Investigations;
(c) Digital Forensics and Collections; and
(d) Legal and Compliance,
who are conducting a time critical task, as determined by the Employer, in relation to an
IBAC investigation, subject to the provisions of Part 1 of this Appendix (for Eligible
Employees who have elected to be paid a Composite Allowance).
Operational Stand-by Allowance
For the avoidance of doubt, the application of this clause is to the exclusion of clause
39.5 (Stand-by/recall allowance) of the Agreement.
For the purpose of Part 2 of this Appendix, ‘stand-by duty’ is when an Employee is
requested by the Employer to be ready to perform work outside of normal working hours
as part of a formal stand-by arrangement. The Employee is not required to be at the
workplace during the period the Employee is on stand-by duty.
Employees will not be rostered for stand-by duty while on approved leave. All Employees
who are rostered for stand-by duty must, while on stand-by duty, be:
(a) contactable;
(b) able to return to their place of work within a reasonable time of being recalled to
duty, which must not exceed one hour from the time of recall; and
(c) have a zero blood alcohol level.
Employees rostered for stand-by duty will be paid a stand-by allowance in accordance
with the rates set out at clause 39.5(e) of Section I of this Agreement (Stand-by/Recall
Allowance).
Intermittent duty in connection with the stand-by duty in excess of one hours’ duration
will be remunerated as overtime in accordance with clause 46 (Overtime) of the
Agreement (including the additional overtime provision applicable to IBAC – see below).
An Employee will be entitled to receive the Stand-by Allowance in situations when an
Employee is required to return to the workplace.
Payment of the Stand-by Allowance for successive days may be appropriate in certain
circumstances. IBAC will endeavour to allocate stand-by duty so that Employees are not
on stand-by for more than ten consecutive days.
The Stand-by Allowance includes compensation for up to an hour of work, provided that
work must be done out of normal hours and can be done without returning to the
workplace. If an Employee is required to return to the workplace, then they will be
eligible for overtime (see below).
13.2
14.
14.1
14.2
14.3
14.4
14.5
14.6
14.7
14.8
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Payment of the Stand-by Allowance will only be made if the Employer has given approval
in advance.
Payment of Overtime
This clause applies to the exclusion of clause 46 (Overtime) of the Agreement, unless
otherwise specified.
Clause 46.6(a) of the Agreement limits eligibility for payment of overtime to VPS Grade
4 Employees and below. IBAC is able to extend that eligibility to cover Employees at VPS
Grade 5, and does so in this clause.
Payment of overtime to VPS Grade 5 Employees and below is only to cover overtime
worked at the Employer’s direction as required for operational reasons.
From 1 July 2020, the ordinary rate of payment for the calculation of overtime is capped
at the lowest pay point within Grade 4 in accordance with clause 46.7(b) of Section I of
the Agreement (Capped Hourly Rate).
Payment of overtime is in accordance the following terms:
(a) a minimum of three hours overtime will be paid where an Employee is recalled to
duty;
(b) for overtime from Monday to Saturday (except Public Holidays), the first three
hours will be paid at time and a half and the rest at double time (at the Capped
Hourly Rate);
(c) for overtime on Sundays, double time is paid (at the Capped Hourly Rate);
(d) for overtime on Public Holidays double time and a half is paid (at the Capped
Hourly Rate); and
(e) time in lieu of payment (TOIL) for overtime can accrue as follows:
(i) for Monday to Friday, the first three hours will be accrued at time and a half
and the rest at double time
(ii) for Saturdays and Sundays at double time
(iii) for Public Holidays at double time and a half
(iv) a minimum of three hours TOIL will accrue if an Employee is recalled to duty,
and
(v) the Parties agree to review clause 15.5(e)(iii) at the expiry of the
Agreement with specific consideration to IBAC operations, the financial
impact and the public holiday TOIL provisions operating in Section I of the
Agreement.
The time off in lieu of payment for overtime option is available to Employees at VPS
Grades 1 to 5 inclusive.
Payment of overtime will only be made if the Employer has given approval in advance.
14.9
15.
15.1
15.2
15.3
15.4
15.5
15.6
15.7
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Hours of Work Outside the Span of Hours (Not Overtime)
For the avoidance of doubt, this clause applies to time worked outside the span of hours,
to the exclusion of clause 46 of the Agreement.
Employees from VPS Grades 1 to 5 level may be paid or accrue time for agreeing to
undertake ordinary hours of work outside the span of hours.
The Agreement refers to span of hours being from 7.00 am to 7.00 pm on any weekday.
From time to time, Employees may be requested to undertake ordinary hours of work
outside this span of hours. Ordinary hours worked outside the span of hours is voluntary
and to be agreed by the Employee and their Manager.
(a) Ordinary hours worked outside the span of hours Monday to Saturday (except
Public Holidays), will be paid at time and a half for the first three hours comprising
one hour ordinary salary and a half hour at the capped hourly rate and the rest at
double time comprising one hour at ordinary salary and one at the capped hourly
rate.
(b) Ordinary hours worked outside the span of hours on Sundays will be paid at double
time comprising one hour ordinary salary and one hour at the capped hourly rate.
(c) In relation to Public Holidays – clause 46.7 (Overtime) of the Agreement will
apply.
Note: The ordinary salary payments referred to above are not in addition to the normal
fortnightly remuneration. The payment of time at the capped hourly rate will be the only
additional payment received if the payment option is chosen.
The time off in lieu of payment is available to Employees at VPS Grades 1 to 5 inclusive,
as follows:
(a) Ordinary hours worked outside the span of hours Monday to Friday at time and a
half rates consisting of one hour salary paid and one half hour time accrued for the
first three hours and double time consisting of one hour salary and one hour
accrued time for the remaining hours worked outside the span of hours.
(b) Ordinary hours worked on Saturdays, Sundays or Public Holidays will attract
double time consisting of one hour salary paid and one hour accrued time.
Note: The ordinary salary payments referred to above are not in addition to the normal
fortnightly remuneration. The accrual of time is the additional component if the TOIL
option is chosen.
TOIL
TOIL is to be taken as soon as practicable at a time mutually agreeable to the Employee
and Manager, in the interest of health, safety and Employee wellbeing. The taking of TOIL
is conducive to a safe and productive working environment. To this end, it is important
that Employees and Managers manage TOIL. As a guideline, Employees are encouraged
to take TOIL within 60 days of accruing it.
As per clause 46 (Overtime) of the Agreement, Employees will be paid out any TOIL
upon termination.
16.
16.1
16.2
16.3
16.4
17.
17.1
17.2
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Approval process
Stand-by and overtime payments will only be made if the Employer has given approval
in advance and TOIL will only be provided if the Employer has given approval in advance.
Stand-by, overtime, and TOIL must be documented in accordance with the requirements
of IBAC.
18.
18.1
18.2
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Appendix 11 – Court Services Victoria
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Introduction and Application
This Appendix seeks to support the strategic objectives of Court Services Victoria
through the provision of remuneration and conditions of employment specific to the
Court Services Victoria workforce.
The terms and conditions set out in this Appendix apply to Court Services Victoria
Employees, employed in the business areas or positions specified within the respective
clauses of the Appendix, from any of the following areas:
(a) Supreme Court of Victoria;
(b) County Court of Victoria;
(c) Magistrates’ Court of Victoria;
(d) Victorian Civil and Administrative Tribunal;
(e) Coroners Court of Victoria;
(f) Children’s Court of Victoria;
(g) Judicial College of Victoria; and
(h) Jurisdiction Services.
Court Registrars Structure
The Parties acknowledge the intent of the review of the classification of Clerk of Courts
and registry roles provided for in the Victorian Public Service Enterprise Agreement 2020
Appendix 11 clause 2.2 was to provide transparency of registry roles, locations and
classifications, and articulate career pathways.
The Parties agree that the intent of the classification review of Clerk of Courts and
registry roles will be fulfilled through the Employer providing a centralised online
information hub which:
(a) Defines the role title, purpose, location and classification level for all registry roles
of the Employer;
(b) Details registry career pathways by schematics for each court and VCAT including
the following courts within Magistrates' Court of Victoria:
(i) Melbourne Magistrates’ Court;
(ii) An indicative metropolitan Magistrates’ Court;
(iii) An indicative regional Magistrates’ ‘Headquarter’ Court (howsoever
named);
Appendix 11 Court Services Victoria
1.
1.1
1.2
2.
2.1
2.2
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Appendix 11 – Court Services Victoria
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(iv) An indicative larger regional Magistrates’ Court ‘satellite court’ (howsoever
named) managed by a Registrar classified as VPS 5.1 or above;
(v) An indicative smaller regional Magistrates’ Court ‘satellite court’
(howsoever named) managed by a Registrar classified VPS 3.2;
(vi) Drug Court.
(c) is accessible via a link from the intranet home page of each court and VCAT.
(d) may be amended from time to time as required following consultation with the
Union.
Specific provisions applying to the Court Registrar structure at the Magistrates’ Court of
Victoria, the County Court of Victoria and the Children’s Court of Victoria are:
(a) Trainee Registrar - a minimum salary of VPS Grade 2, Value Range 2, salary point
1 and VPS Grade 2, Value Range 2, salary point 2 for a relevant qualification;
(b) Qualified Trainee Registrar* - a minimum salary of VPS Grade 2, Value Range 2,
salary point 5, upon attainment of the relevant Court Trainee Program; and
*Powers not yet delegated
(c) Salary points for entry and completion of stages of training and recognition of prior
learning / relevant qualification in the existing Court Registrar Trainee Program is
set out in the table below.
Table 129: Court Registrar Structure
Position No Relevant Qualification Relevant Qualification
Entry as Trainee
Registrar
VPS Grade 2, Value Range 2.1 VPS Grade 2, Value Range 2.2
Completion of stage 1 VPS Grade 2, Value Range 2.3 VPS Grade 2, Value Range 2.4
Qualified Trainee
Registrar on completion
of stage 2
VPS Grade 2, Value Range 2.5
Deputy Registrar VPS Grade 2, Value Range 2.7
Trainee Registrars will advance to Qualified Trainee Registrar* (Grade 2, Value Range
2.5) on completion of stage 2 of the relevant Court Trainee Program and having met the
experience and performance standards.
*Powers not yet delegated
For the purposes of clause 2.4 above, ‘experience’ for Trainee Registrars participating
in the Court Trainee Program is defined as a period of not more than 30 months (2.5
years’). In exceptional circumstances, at the request of the Employee, this timeframe may
be extended to a period of not more than 36 months (3 years), with the agreement of the
Employer. Requests for an extension under this clause will not be unreasonably refused.
2.3
2.4
2.5
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Appendix 11 – Court Services Victoria
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The Employer will provide paid time release from operational duties during ordinary
work hours for Trainee Court Registrars to complete all aspects of training logs and/or
assessments as part of the Court Trainee Program. Release will be arranged having
regard to the course requirements and operational needs of the Employer.
The Employer agrees to take all reasonable steps to ensure that Trainee Registrars are
appropriately rotated across court lists as part of the Court Trainee Program in a timely
manner so as not to lead to an unreasonable delay in the completion of the relevant Court
Trainee Program.
Nothing in clause 2.5 of this Appendix, prevents a Trainee Registrar from advancing to
Deputy Registrar before completion of 30 months (2.5 years’) service.
Supreme Court of Victoria Tipstaves and Associates Additional
Leave
Up to twenty (20) days per annum of additional leave may be granted on the
recommendation of the Judge with the approval of the Chief Justice.
County Court of Victoria Tipstaves and Associates Additional
Leave
Up to twenty (20) days per annum of additional leave may be granted on the
recommendation of the Judge with the approval of the Chief Judge.
Circuit Court Allowance
For the purposes of this clause 5 of this Appendix, circuit court duties and/or travel
means travel for the purposes of Court sittings of the Supreme Court of Victoria and
County Court of Victoria held in regional cities and towns within Victoria.
For the purposes of this clause 5 of this Appendix, a Circuit Court Allowance will be paid
to:
(a) a judicial support Employee at the Supreme Court of Victoria including a Tipstaff,
Associate, Secretary or Personal Assistant to a Judge or Associate Judge, or other
required Employee as approved by the Judge in Charge of the Circuit list; or
(b) A judicial support Employee at the County Court of Victoria including a Tipstaff or
Associate or other required Employee as approved by the Principal Registrar.
Where a judicial support Employee is required to attend official circuit court duties away
from their usual place or places of work, the Employer may elect to provide, or pay
directly for, the Employee’s overnight accommodation and/or meals and/or incidentals.
Where the Employer does not provide, or pay directly for the judicial support Employee’s
overnight accommodation and/or meals in accordance with clause 5.3, the Employer
will pay a circuit court allowance for any expenses actually and necessarily incurred in
the course of their authorised duties, for overnight accommodation and/or meals and/or
incidentals.
2.6
2.7
2.8
3.
4.
5.
5.1
5.2
5.3
5.4
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Appendix 11 – Court Services Victoria
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The Employer will apply the rulings of the Commissioner of Taxation (Australian Tax
Office), as adjusted from time to time, relating to reasonable allowances in determining
the circuit court allowance payable, unless otherwise agreed.
For multiple day absences, the allowance payable will be adjusted for the first day and
last day of travel where required.
A judicial support Employee required to use their private motor vehicle, private mobile
phone or home phone in the course of their employment will be reimbursed in
accordance with clause 40, Section I of this Agreement (Reimbursement of Expenses).
County Court Uniform Provisions
Initial Uniform Provision - Tipstaves
(a) 2 Jackets (one issued at commencement and a second jacket once completion of
probation is confirmed)
(b) 3 Trousers/Skirt
(c) 5 Shirts (short or long sleeves)
(d) 1 Vest (or one knitted item)
(e) 2 Belts
(f) 2 Ties (choice of two styles)
Annual provisions (as required) - Tipstaves
5 Shirts (short or long sleeves)
Biennial Provisions (as required) - Tipstaves
(a) 1 Jacket
(b) 3 Trousers/Skirt
(c) 5 Shirts (short or long-sleeve)
(d) 1 Vest (or one knitted item)
(e) 2 Belts
(f) 1 x Tie (choice of two styles)
Tipstaves annual shoe reimbursement
(a) Tipstaves annual shoe reimbursement of up to $150.00.
(b) The reimbursement amount will be indexed annually according to the appropriate
CPI measure and applied through local policy.
Annual provisions - Associates
Associates will be provided with 2 Jabots each year.
5.5
5.6
5.7
6.
6.1
6.2
6.3
6.4
6.5
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Appendix 12 – Office of the Governor
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Commuted Overtime Allowance
An eligible Employee will be paid a commuted overtime allowance of 20% of their base
salary in lieu of all entitlements for working overtime prescribed by clause 46 of Section
I of this Agreement. This commuted overtime allowance will involve up to 14 hours of
additional hours worked per fortnight. Overtime hours worked beyond the 14 hours per
fortnight will be worked at the direction of the Employer and paid as overtime.
The commuted overtime allowance will not replace an Employee’s entitlement to
payment for meal breaks worked during overtime and rest periods during overtime.
An eligible Employee means an Employee working within the Office of the Governor,
other than a casual Employee, who regularly works overtime at the direction of the
Employer in addition to their ordinary hours of work.
Uniforms
The uniforms described in clause 2.4 below are compulsory and must be worn at all
times while on duty by those Employees who are required by the Employer to wear
uniforms.
Uniforms may only be worn for work purposes. An Employee who presents for work in
other than the required uniform will be considered ineligible for duties.
The colours of uniform items and the need for clothing items to have a logo of Office of
the Governor will be determined by the Employer.
Employees Required to Wear Uniforms
(a) Building Maintenance Employees
(i) 5 trousers
(ii) 2 jumpers
(iii) 1 pair of black work shoes (steel cap)
(iv) 1 pair of work boots (steel cap)
(v) 5 polo shirts
(vi) 3 baseball caps
(vii) 1 wet weather jacket
(viii) 1 wet weather vest
(ix) 1 high visibility safety vest
Appendix 12 Office of the Governor
1.
1.1
1.2
1.3
2.
2.1
2.2
2.3
2.4
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Appendix 12 – Office of the Governor
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(x) 1 belt
(xi) 8 pairs of black socks.
(b) Transport Officer/Driver
(i) 2 suits
(ii) 1 extra pair of trousers
(iii) 7 white business shirts
(iv) 2 jumpers/vests or 1 vest and 1 jumper
(v) 1 black belt
(vi) 2 ties
(vii) 1 pair plain black shoes
(viii) 8 pairs of black socks.
(c) Laundry/House Attendants
(i) 2 trousers
(ii) 2 cardigans
(iii) 5 white shirts
(iv) 2 vests
(v) 3 aprons
(vi) 1 pair plain black shoes
(vii) 8 pairs of black socks.
(d) Stewards
(i) 4 trousers
(ii) 2 jackets
(iii) 3 waistcoats
(iv) 2 ties
(v) 5 white shirts
(vi) 1 pair plain black shoes
(vii) 8 pairs of black socks.
(e) Kitchen Employees
(i) 5 trousers
(ii) 5 jackets
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Appendix 12 – Office of the Governor
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(iii) 5 hats
(iv) 5 aprons
(v) 1 pair of plain black shoes (steel cap)
(vi) 8 pairs of black socks.
(f) Garden and Grounds Employees
(i) 5 long sleeve work shirt (winter) khaki with logo embroidery
(ii) 5 long sleeve work shirt (summer) khaki with logo embroidery
(iii) 2 v neck jumper black with logo embroidery
(iv) 1 zip front jacket black with logo embroidery
(v) 2 polar fleece zip front jacket black with logo embroidery
(vi) 5 drill pants (winter) khaki
(vii) 5 drill pants (summer) khaki
(viii) 1 weather proof vest black/charcoal with logo embroidery
(ix) 1 beanie black with logo embroidery
(x) 1 broad brim hat khaki with logo embroidery
(xi) 1 pair of protective footwear
(xii) 8 pairs of socks
(xiii) wet weather clothing
(xiv) 1 cap.
(g) Security Team Employees
(i) 5 trousers
(ii) 5 shirts (long sleeve and/or short sleeve)
(iii) 2 items from the following - jumpers, vest, or cardigan
(iv) 1 high vis wet weather jacket and 1 high vis vest for warmer weather
(v) 1 zip front jacket
(vi) 1 pair black shoes
(vii) 8 pairs of black socks
(viii) 1 belt
(ix) 1 hat or cap
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Appendix 12 – Office of the Governor
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Uniform Allocation
(a) Uniforms will be provided to Employees on commencement of employment with
Office of the Governor.
(b) Replacement of uniform items will be on a 12 monthly basis from the date of
appointment, unless an item of uniform is still in good condition and does not
require replacing. It is expected that wet weather jackets and vests, and visibility
safety vests, will not require replacing within a 3 year period.
(c) If Employees are provided with shoes or boots as part of their uniform, or as a
safety requirement, the shoes or boots must be replaced on a needs basis when the
footwear becomes worn.
(d) Personal protective equipment will be provided to Office of the Governor
Employees as required, including sunscreen and sunglasses for Employees who
are required to perform work outdoors as part of their roles.
Uniform Care
(a) Items of uniform are to be kept by Employees in a clean and presentable manner.
Employees are responsible for ensuring that all practical steps are taken to prevent
damage or loss.
(b) Employees will be responsible for laundering their own uniforms, unless
otherwise agreed by Office of the Governor.
Clothing Allowance – Aides to the Governor
(a) Employees who are employed as Aides to the Governor will be entitled to an
allowance of up to the maximum prescribed in the table below on appointment to
purchase items of clothing suitable for formal events.
Table 130: Clothing Allowance – Aides to the Governor
Date of effect
Maximum
reimbursement
amount
1 May 2024 $3,171
1 May 2025 $3,266
1 May 2026 $3,364
1 May 2027 $3,465
(b) Where the Employer has not directly purchased the items, Employees will be
reimbursed for the cost of these items of clothing on provision of receipts.
(c) These items of clothing must be replaced when items of clothing become worn and
in the opinion of the Employee’s supervisor, require replacement.
2.5
2.6
2.7
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Appendix 12 – Office of the Governor
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Reimbursement of Expenses
Clause 40 of Section I of this Agreement applies to Office of the Governor staff who incur
costs associated with their duties. Such costs typically involve costs arising from duty-
related travel.
Costs incurred in the course of duty will be paid directly to providers by the Office of the
Governor. Where this is not possible, staff will be reimbursed upon the provision of valid
receipts (tax invoice receipts) and in line with any Reasonable Benefit Limits determined
by the Australian Taxation Office.
3.
3.1
3.2
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Appendix 13 – Victorian Gambling and Casino Control Commission
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Application
This Appendix applies to Employees of the Victorian Gambling and Casino Control
Commission (VGCCC) unless otherwise provided.
Restraint Of Trade Allowance
An Employee who is subject to statutory restraints on their activities whilst an Employee
will receive a 2 per cent allowance calculated on the Employee’s base salary.
An Employee who is subject to a statutory post-employment restraint will receive an
allowance calculated as 1.5 per cent of the Employee’s base salary for the 2-year post-
employment restraint.
Any subsequent exemption from the legislative restraint provisions will not result in a
requirement to reimburse the VGCCC for an allowance, and the payment of an allowance
will not prevent Employees from seeking and receiving such exemption.
Inspectorial Shift, Roster and Allowance Arrangements
For the purposes of clause 3 of this Appendix, Inspector means an Employee who is:
(a) appointed as a Gambling and Liquor Inspector under the Victorian Gambling and
Casino Control Commission Act 2011 (Vic) (formerly the Victorian Commission for
Gambling and Liquor Regulation Act 2011 (Vic)); and
(b) engaged to perform Shift Work (as defined under clause 43.1(a) of Section I of
this Agreement).
The Roster
(a) For the avoidance of doubt, the shift and roster provisions contained within
Section I of the Agreement (clause 43) apply to the VGCCC. The shift and roster
provisions set out below are additional to those contained in Section I of the
Agreement. Where any inconsistency arises, the provisions in this Appendix
prevail.
(b) For the purposes of clause 3 of this Appendix, “standard roster” refers to the
character of the roster (as referred to in clause 12 of Section I of the Agreement)
as developed by the Employer in consultation with Inspectors through the Roster
Committee in accordance with the consultation process described below.
(c) The Employer will establish a committee (Roster Committee) to facilitate
consultation with Inspectors in relation to all standard roster changes that affect
the character of the roster (as referred to in clause 12 of Section I of the
Agreement).
Appendix 13 Victorian Gambling and Casino Control
Commission
1.
2.
2.1
2.2
2.3
3.
3.1
3.2
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Appendix 13 – Victorian Gambling and Casino Control Commission
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(i) The Roster Committee will be the primary means to facilitate such
consultation.
(ii) The Roster Committee will consist of a maximum of six members comprising
of two CPSU staff delegates, two management representatives of the
Employer, one Health and Safety Representative and not more than one
affected Inspector. The Employer will arrange meetings for the Roster
Committee for the purposes of consulting with Inspector representatives on
its proposal to introduce any amended standard roster. The Employer will
minute the meetings of the Roster Committee and take into account the
views of the Inspector representatives in settling the standard roster.
(iii) The Roster Committee must take into account the following factors in
developing an amended standard roster:
• any risk to Inspectors’ health and safety;
• the needs and preferences of the Employer;
• Inspectors’ personal circumstances, including family responsibilities
and preferences;
• the nature of the Inspectors’ roles;
• the need for flexibility to alter rostered shifts;
• the desirability of certainty through the creation of a known roster cycle;
and
• the preference for equitable distribution of Shift Work amongst
Inspectors.
(d) Where the Employer has proposed to amend the standard roster, the employer
will develop an amended standard roster and consult with the Roster Committee
no later than 4 weeks prior from the commencement of the planned new roster
period. This consultation period commences upon receipt of the draft roster and
concludes no later than 14 calendar days from the commencement of the planned
roster period (Consultation Period). If the parties do not reach agreement by the
end of the Consultation Period, the Employer may implement the roster in
accordance with clause 12 of this Agreement.
(e) The standard roster will:
(i) include day, afternoon and night Shift Work arrangements, as developed by
the Employer in consultation with Employees; and
(ii) reflect the Employer’s operational requirements.
(f) For the purposes of clause 3.2(e) of this Appendix, afternoon shift and night shift
will have the meaning given to them in clause 43 of this Agreement.
Individual Changes
(a) Any request for flexibility in shift start times is to be discussed with the Team
Leader/Manager.
3.3
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Appendix 13 – Victorian Gambling and Casino Control Commission
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OFFICIAL
(b) Inspectors can negotiate altered Shift Work arrangements directly with their Team
Leader/Manager after rosters have been posted. The Team Leader/Manager will
consider all Inspectors equally taking into consideration operational requirements
and the preferences of Inspectors. Roster requests will not be unreasonably
refused.
(c) Changes to roster arrangements by the Employer will be made in accordance with
clause 12 of Section I of this Agreement. Where less than 48 hours’ notice is given
by the Employer of changed shift arrangements, affected Inspectors will be paid
overtime rates for shifts occurring during the 48 hour period.
Commuted Off-Roster Allowance – Inspectors
(a) Subject to this clause, an Inspector who is nominated by the VGCCC to perform
special investigative duties, special duties or projects off the standard roster will
receive a 15.5 per cent allowance calculated on the Inspector’s base salary in
respect of the hours that includes weekends worked off the standard roster, for
the period (duration) of the special investigative duties, special duties or projects.
(b) This clause does not apply to an Inspector who is a Manager.
Commuted Off-Roster Allowance – Managers of Inspectors
An Inspector who is a Manager will receive a 15.5 per cent commuted allowance
calculated on the Manager’s base salary in recognition of regular additional hours that
includes weekends worked off the standard roster.
Casino
(a) The VGCCC will determine the staffing levels and span of shift hours required at
the Casino, in accordance with the VGCCC’s operational requirements.
(i) The development of a separate standard roster for inspector duties to be
conducted at the Casino will be in accordance with clause 3.2 of this
Appendix.
(b) If the VGCCC determines, at any time, that the number of Inspectors rostered for
duty at the Casino is in excess of requirements, the roster or work location of one
or more Inspectors may be varied.
(c) If there is an unplanned absence from a team, the VGCCC will determine if extra
staffing resources are required. If the VGCCC determines that additional resources
are required, the VGCCC will contact Inspectors to determine if they are available
to undertake additional work.
(d) If an Inspector undertakes additional work in accordance with clause 3.6(c) of
this Appendix above, the Inspector will be paid in accordance with clause 46,
Section I of this Agreement for the hours so worked.
(e) An Inspector may reasonably refuse additional work offered in accordance with
clause 3.6(c) of this Appendix.
3.4
3.5
3.6
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Appendix 14 – Game Management Authority
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Application
This Part applies to all non-executive Employees of the Game Management Authority
(GMA).
Non-Emergency Stand-By/Recall
An Employee who is required by the Employer, as part of their duties, to be on stand-by
and available to return within a specified maximum period of time to undertake
intermittent duty outside their normal hours of duty will be compensated at the rates
specified in the following table:
Table 131: Non-Emergency Stand-by/Recall (GMA)
Date of effect Amount per night Amount per day/night
1 May 2024 $61.20 $122.00
1 May 2025 $63.05 $125.65
1 May 2026 $64.95 $129.40
1 May 2027 $66.90 $133.30
An Employee who is recalled to duty must be paid for a minimum of 3 hours.
All other provisions of clause 39.5– Standby/recall in the Agreement will apply with any
overtime being paid in accordance with Appendix 14, Clause 11 – Overtime.
Recall to Duty
Where the Employer recalls an Employee to perform work the Employee will be paid for
a minimum for 3 hours work in accordance with the overtime provisions in clause 11
(Overtime) of this Appendix.
If work continues for more than the initial 3 hours, the Employee will be paid for the
actual time worked in accordance with the overtime provisions in clause 11 (Overtime)
of this Appendix.
If an Employee is recalled to duty within 3 hours of ceasing a previous work period, the
total work period prior to re-commencement of the work on the recall will be included
in calculating the hours of duty for the day and will also be included for the purposes of
calculating a 16 hour work period.
Appendix 14 Game Management Authority
1.
2.
2.1
2.2
2.3
3.
3.1
3.2
3.3
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Appendix 14 – Game Management Authority
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Duty Officer
An Employee may be required by a Director level officer or above to be the designated
Duty Officer for a specified period. During the period of specified Duty Officer work, the
Employee is required to be the primary contact for coordinating the initial response for
any operational, safety, wellbeing, or emergency incidents. While performing this
function, the employee will be paid the rates specified in the following table:
Table 132: Duty Officer (GMA)
Date of effect Day / Night rate Night rate Day rate – weekend
/ public holiday
1 May 2024 $366.15 $132.15 $233.70
1 May 2025 $377.15 $136.10 $240.70
1 May 2026 $388.45 $140.20 $247.90
1 May 2027 $400.10 $144.40 $255.35
The day rate (weekend/public holiday) of Duty Officer stand-by covers the period
10.00am to 6.00pm.
The night rate for Duty Officer stand-by covers the period between 6.00 pm and 10.00
am.
Replacement of damaged clothing
Where an Employee is directed to:
(a) wear clothing for field work, other than uniforms or other clothing provided by the
Authority, and
(b) the clothing is damaged or destroyed as a direct consequence of the field work
(excluding fair wear and tear),
the Authority will reimburse the Employee for reasonable replacement costs of the
damaged or destroyed clothing with an equivalent item.
Shift Work
The Provisions of clause 43 (Shift work) of the Agreement will apply to all VPS Employees
employed as Game Officers within the GMA.
4.
4.1
4.2
4.3
5.
5.1
6.
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Appendix 14 – Game Management Authority
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Camping
An Employee who is required to camp outdoors or reside in tendered or temporary
accommodation or where commercially provided accommodation is below a 3-star
permanent rating will be paid a camping allowance per night at the rates specified in the
following table to compensate for the accommodation conditions:
Table 133: Camping Allowance (GMA)
Date of effect Per night
1 May 2024 $64.70
1 May 2025 $66.65
1 May 2026 $68.65
1 May 2027 $70.70
For the purposes of this clause, a 3-star permanent rating must include:
(a) Clean bed linen provided
(b) Appropriate heating and cooling
(c) Meals available directly or indirectly
(d) House-keeping cleans after each booking
(e) Ablution facilities that are in room or close to the room.
Remote Locations
A range of socio-economic and geographic factors are taken into consideration in
determining the remote status of a work centre including:
(a) distance from a large town;
(b) degree of isolation or distance from shops and services;
(c) requirements for additional cost of living;
(d) hardships including impact on spouse and children;
(e) availability of standard community facilities e.g. churches, cultural pursuits,
recreational;
(f) availability of medical facilities;
(g) involvement of family members in delivering Game Management Authority
services; and
(h) prior demonstrated difficulty in attracting Employees to the location.
7.
7.1
7.2
8.
8.1
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Two levels of Remote Location Allowance are available: (i) Highly Remote and (ii)
Remote.
(a) The following locations have been determined as remote and their rating is listed
below:
Table 134: Remote Locations (GMA)
RATING NORTH WEST NORTH EAST GIPPSLAND
(i) Highly
Remote
Walpeup
Underbool
Mitta Mitta
Bendoc
Dargo
(ii) Remote
Piangil
Rainbow
Sea Lake
Speed
Hopetoun
Birchip
Ouyen
Edenhope
Corryong
Cann River
Swifts Creek
Mallacoota
(b) The following allowances apply:
Table 135: Remote Locations Allowance (GMA)
Date of
effect
With
dependents
(minimum)
With
dependents
(maximum)
Without
dependents
(minimum)
Without
Dependents
(maximum)
Attraction
payments
Highly remote allowance
1 May
2024
$5,990.25 $9,990.55 $4,195.30 $6,989.65 $3,998.70
1 May
2025
$6,169.95 $10,290.25 $4,321.15 $7,199.35 $4,118.65
1 May
2026
$6,355.05 $10,598.95 $4,450.80 $7,415.35 $4,242.20
1 May
2027
$6,545.70 $10,916.90 $4,584.30 $7,637.80 $4,369.45
Remote allowance
1 May
2024
$3,596.70 $5,990.25 $2,397.95 $3,998.70 $2,000.10
8.2
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Date of
effect
With
dependents
(minimum)
With
dependents
(maximum)
Without
dependents
(minimum)
Without
Dependents
(maximum)
Attraction
payments
1 May
2025
$3,704.60 $6,169.95 $2,469.90 $4,118.65 $2,060.10
1 May
2026
$3,815.75 $6,355.05 $2,544.00 $4,242.20 $2,121.90
1 May
2027
$3,930.20 $6,545.70 $2,620.30 $4,369.45 $2,185.55
(c) The categories of locations listed above are used for payment of the following
allowances:
(i) Payment of an allowance in addition to salary for the cost and inconvenience
of living and working in a remote location. An Employee’s starting salary
should be increased by an amount of allowance within the range shown in
the above table. Starting salary payments are to be endorsed by the Chief
Executive Officer or their delegate. This allowance is paid in addition to
salary and will cease to be paid when the Employee ceases to be employed
at that remote location.
(ii) In addition to the allowance in clause 8.2(c)(i) of this Appendix Employees
in remote locations may receive a one-off attraction payment up to the rate
specified in the above table at the commencement of residence at the
location. This is an added inducement to attract Employees. The Chief
Executive Officer or their delegate are to approve one off payments.
Overseas and Interstate Travel
Where an Employee travels overseas for work purposes the Employer will provide the
Employee with a reasonable allowance prior to travel and reimburse any additional
expenses relating to the trip on return. Costs will include accommodation, meals and
other incidental expenses associated with the trip. The standard of accommodation and
meals will be equivalent to that associated with travel within Australia.
Where invoice arrangements cannot be made and Employees are required to undertake
official duties outside of Victoria requiring an overnight stay, the Employee will be paid
a reasonable allowance prior to travel.
Emergency Work
Where an Employee of the Game Management Authority is authorised to undertake
agricultural, energy or resources related emergency activities, the terms and conditions
of Appendix 6 – Department of Energy, Environment and Climate Action will apply
to the Employee undertaking that work.
9.
9.1
9.2
10.
10.1
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Overtime
Time worked in excess of the standard 76 hours per fortnight will be either paid as salary
or taken as time in lieu as follows, except when subject to clause 10 (Emergency Work)
of this Appendix.
Time In Lieu
(a) In order to meet the work requirements of the Employer and/or the personal
requirements of the Employee, the Employee may, subject to the approval of the
direct manager, work hours in excess of the normal working day and accrue a
balance of time worked.
(b) In such cases the additional hours are unpaid and the Employee will be entitled to
take time in lieu on the basis of one hour for each additional hour worked.
(c) A maximum of 76 hours time in lieu may be accrued.
(d) The taking of time off in lieu will be by mutual arrangement between the Employee
and the Employer.
(e) The Employee will be paid an amount equivalent to any accrued time in lieu at the
cessation of employment for whatever reason the cessation occurs.
(f) Subject to the approval of the Employer the Employee may choose to work on a
Public Holiday and receive a leave credit of up to 1 day which must be taken within
the next 12 months. The time in lieu will be taken at the rate of one hour for each
hour worked.
(g) An Employee who with the agreement of the Employer substitutes a Public Holiday
for another day to observe other religious or cultural occasions of significance to
the Employee will be paid at the ordinary rate of pay for work on that Public
Holiday.
Paid Overtime
(a) The Employer may direct the Employee to work overtime in excess of the normal
working day to meet particular unavoidable work demands. Such work will not be
a regular occurrence, and reasonable notice of the requirement to work overtime
will be given.
(b) Where the work is required to be performed outside the span of 7.00am to 7.00pm
Monday to Friday, or beyond the current rostering arrangements for Employees
who work Shift Work, the overtime will be paid overtime and subject to clauses
11.3(c) 11.2(c)to 11.3(f) of this Appendix.
(c) Where the work is unpredictable and the Employer is unable to provide
reasonable notice, the Employee may only refuse to work overtime where this
would impose personal hardship or interfere with an Employee's family
commitments. The Employee will provide an explanation at the time of refusing
the overtime.
(d) The Employer will ensure that work is organised in such a way that the
requirement to perform overtime is not a regular occurrence.
11.
11.1
11.2
11.3
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(e) All paid overtime between Monday to Saturday (excluding Public Holidays) will be
paid at the rate of 150 per cent of the ordinary rate of pay for the first two hours
and 200 per cent for each additional hour, subject to the maximum payment being
based on the hourly rate of the annual salary of the lowest pay point within Grade
4.
(f) All paid overtime on a Sunday (excluding Public Holidays) will be paid at the rate
of 200 per cent for each additional hour, subject to the maximum payment being
based on the hourly rate of the annual salary of the lowest pay point within Grade
4. Shift Work Employees who have already completed a rostered day of 7.6 hours
will be paid overtime on a Saturday or Sunday (excluding Public Holidays) at 200
per cent for all overtime worked subject to the maximum payment being based on
the annual salary of the lowest pay point within Grade 4.
(g) All overtime worked on a Public Holiday will be paid at the rate of 250 per cent of
the ordinary rate of pay subject to the maximum payment being based on the
annual salary of the lowest pay point within Grade 4.
(h) All overtime calculations will be rounded up to the next quarter of an hour.
(i) Where the Employee performs overtime work at the direction of the Employer and
the Employee is not able to utilise the normal means of transport home, the
Employer will organise safe means of transport for the Employee or on production
of a receipt reimburse the Employee the cost of commuting by taxi.
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Operation of this Appendix
This Appendix provides the following specific arrangements:
(a) Part 1 and Part 2 of this Appendix applies to Employees employed within the
Victorian Fisheries Authority.
(b) Part 1 of this Appendix applies to Employees classified as Fisheries Officers under
the Fisheries Officers classification structure at clause Part 4 of this Appendix and
investigators.
Non-Emergency Stand-By
An Employee who is required by the Employer as part of their duties to be on stand-by
and available to return within a specified maximum period of time to undertake
intermittent duty outside their normal hours of duty will be compensated at the rates
specified in the following table:
Table 136: Non-Emergency Stand-by (VFA)
Date of effect Amount per night Amount per day/night
1 May 2024 $61.20 $122.05
1 May 2025 $63.05 $125.70
1 May 2026 $64.95 $129.45
1 May 2027 $66.90 $133.35
An Employee who is required to return to work when on stand-by will be compensated
for each hour or part hour worked, in accordance with the overtime provisions in clause
12 of this Appendix.
An Employee who is recalled to duty must be paid for a minimum of 3 hours.
Stand-by allowances will not apply where stand-by is explicitly incorporated as incidents
of employment into total remuneration or is otherwise compensated.
If the employer requires an employee to be on stand-by for a duration that is less than a
full night or day/night, the employee will be paid the amount specified in clause 2.1 for
a full night rate or day/night rate whichever is applicable.
Appendix 15 Victorian Fisheries Authority
1.
1.1
Part 1 Stand-by, Recall and Related Matters
2.
2.1
2.2
2.3
2.4
2.5
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Stand-By on a Vessel
An Employee who is travelling to, from, or between work locations on a vessel outside of
their normal hours of duty and during that time is required by the Employer to be on
stand-by and undertake intermittent work shall be paid a stand-by allowance at the rates
specified in the following table for each hour of stand-by and intermittent work:
Table 137: Stand-by on a vessel (VFA)
Date of effect Hourly rate
1 May 2024 $10.25
1 May 2025 $10.55
1 May 2026 $10.85
1 May 2027 $11.20
The allowance provides compensation and payment for being confined on a vessel, away
from port, up to a maximum payment of 6 hours per night when on board for a full 24
hour day.
An Employee required to remain on board overnight will be paid a camping allowance
in accordance with clause 6 (Camping) of this Appendix.
The allowance will not be paid when an Employee is during the time of travel on a vessel
being paid overtime in accordance with the provisions of clause 12 (Overtime) of this
Appendix.
Recall to Duty
Where the Employer recalls an Employee to perform work the Employee will be paid for
a minimum for 3 hours work in accordance with the overtime provisions in clause 12
(Overtime) of this Appendix.
If work continues for more than the initial 3 hours, the Employee will be paid for the
actual time worked in accordance with the overtime provisions in clause 12 (Overtime)
of this Appendix.
If an Employee is recalled to duty within 3 hours of ceasing a previous work period, the
total work period prior to re-commencement of the work on the recall will be included
in calculating the hours of duty for the day, and will also be included for the purposes of
calculating a 16 hour work period.
Duty Officers
Except where the provisions of clause 5.2 of this Appendix apply, where an Employee is
a designated Duty Officer (Commercial Fisheries Duty Officer, 13 FISH Duty Officer or
Operations Duty Officer), that Employee while performing this function will be paid the
rates specified in the following table:
3.
3.1
3.2
3.3
3.4
4.
4.1
4.2
4.3
5.
5.1
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Table 138: Duty Officer (VFA)
Date of effect Day/Night rate Night rate Day rate - weekend
1 May 2024 $366.15 $132.15 $233.70
1 May 2025 $377.15 $136.10 $240.70
1 May 2026 $388.45 $140.20 $247.90
1 May 2027 $400.10 $144.40 $255.35
Where an Employee is a designated 13 FISH or Operations Duty Officer during the
months October to April that Employee while performing this function will be paid the
rates specified in the following table:
Table 139: Duty Officer - Oct to April (VFA)
Date of effect Day/Night rate Night rate
Day rate -
Weekend
1 May 2024 $421.10 $151.95 $268.80
1 May 2025 $433.75 $156.50 $276.85
1 May 2026 $446.75 $161.20 $285.15
1 May 2027 $460.15 $166.05 $293.70
Camping
An Employee who is required to camp outdoors or reside in tendered or temporary
accommodation or where commercially provided accommodation is below a 3 star
permanent rating will be paid a camping allowance per night at the rates specified in the
following table to compensate for the accommodation conditions:
Table 140: Camping Allowance (VFA)
Date of effect Per night
1 May 2024 $64.70
1 May 2025 $66.65
1 May 2026 $68.65
1 May 2027 $70.70
For the purposes of this clause, a 3 star permanent rating must include:
(a) Clean bed linen provided
5.2
6.
6.1
6.2
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(b) Appropriate heating and cooling
(c) Meals available directly or indirectly
(d) House keeping cleans after each booking
(e) Ablution facilities that are in room or close to the room.
Ocean Going Allowance
An Employee shall receive an allowance at the rates specified in the following table for
every hour aboard a vessel outside the limits of the port of Port Phillip or any other
recognised port:
Table 141: Ocean Going Allowance (VFA)
Date of effect Per hour
1 May 2024 $6.70
1 May 2025 $6.90
1 May 2026 $7.10
1 May 2027 $7.30
No allowance shall be payable in respect of periods of work performed in or about the
entrance of any port.
Shipkeeping Allowance
An Employee who is employed on a vessel shall be paid a shipkeeping allowance at
his/her hourly rate of pay for 3 hours per day when the Employer requires the Employee
to remain on board to be available to perform any necessary vessel related duty that may
arise.
Diving Allowance
An Employee who is competent and required in the course of his/her official duties to
dive underwater shall be paid an allowance at the rates specified in the following table
for each day on which approved diving duties are required to be performed:
Table 142: Diving Allowance (VFA)
Date of effect Per day
1 May 2024 $35.45
1 May 2025 $36.50
1 May 2026 $37.60
7.
7.1
7.2
8.
9.
9.1
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Date of effect Per day
1 May 2027 $38.75
An employee who on any day is required to perform the work of a diving supervisor shall
be paid an allowance at the rate specified in the following table for each day on which
the dive supervisor duties are required to be performed:
Table 143: Diving Supervisor Allowance (VFA)
Date of effect Per day
1 May 2024 $53.30
1 May 2025 $54.90
1 May 2026 $56.55
1 May 2027 $58.25
Remote Location
A range of socio-economic and geographic factors are taken into consideration in
determining the remote status of a work centre including:
(a) distance from a large town;
(b) degree of isolation or distance from shops and services;
(c) requirements for additional cost of living;
(d) hardships including impact on spouse and children;
(e) availability of standard community facilities e.g. churches, cultural pursuits,
recreational;
(f) availability of medical facilities;
(g) involvement of family members in delivering VFA services; and
(h) prior demonstrated difficulty in attracting Employees to the location.
Mallacoota is designated as a Remote Location with an allowance available as outlined
below:
Table 144: Remote Locations Allowance (VFA)
Date of effect
With
dependents
Without
Dependents
Attraction
payments
1 May 2024 $5,990.25 $3,998.70 $2,000.10
1 May 2025 $6,169.95 $4,118.65 $2,060.10
9.2
10.
10.1
10.2
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Date of effect
With
dependents
Without
Dependents
Attraction
payments
1 May 2026 $6,355.05 $4,242.20 $2,121.90
1 May 2027 $6,545.70 $4,369.45 $2,185.55
The categories of locations listed above are used for payment of the following
allowances:
(a) Payment of an allowance in addition to salary for the cost and inconvenience of
living and working in a remote location. An Employee’s starting salary should be
increased by an amount of allowance shown in the above table. Starting salary
payments are to be endorsed by the Chief Executive Officer or the Director of the
relevant division. This allowance is paid in addition to salary and will cease to be
paid when the Employee ceases to be employed at that remote location.
(b) In addition to the allowance in clause 10.2 of this Appendix Employees in remote
locations may receive a one off attraction payment up to the rate specified in the
above table at the commencement of residence at the location. This is an added
inducement to attract Employees. The Chief Executive Officer or the Director of the
relevant division are to approve one off payments.
Overseas and Interstate Travel
Where an Employee travels overseas for work purposes the Employer will provide the
Employee with a reasonable allowance prior to travel and reimburse any additional
expenses relating to the trip on return. Costs will include accommodation, meals and
other incidental expenses associated with the trip. The standard of accommodation and
meals will be equivalent to that associated with travel within Australia.
Where invoice arrangements cannot be made and Employees are required to undertake
official duties outside of Victoria requiring an overnight stay, the Employee will be paid
a reasonable allowance prior to travel.
Overtime
Time worked in excess of the standard 76 hours per fortnight will be either paid as salary
or taken as time in lieu as follows, except when subject to Part 2 of this Appendix.
Time In Lieu
(a) In order to meet the work requirements of the Employer and/or the personal
requirements of the Employee, the Employee may, subject to the approval of the
local manager, work hours in excess of the normal working day and accrue a
balance of time worked.
(b) In such cases the additional hours are unpaid and the Employee will be entitled to
take time in lieu on the basis of one hour for each additional hour worked.
(c) A maximum of 76 hours time in lieu may be accrued.
10.3
11.
11.1
11.2
12.
12.1
12.2
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(d) The taking of time off in lieu will be by mutual arrangement between the Employee
and the Employer.
(e) The Employee will be paid an amount equivalent to any accrued time in lieu at the
cessation of employment for whatever reason the cessation occurs.
(f) Subject to the approval of the Employer the Employee may choose to work on a
Public Holiday and receive a leave credit of up to 1 day which must be taken within
the next 12 months. The time in lieu will be taken at the rate of one hour for each
hour worked.
(g) An Employee who with the agreement of their Employer substitutes a Public
Holiday for another day to observe other religious or cultural occasions of
significance to the Employee will be paid at the ordinary rate of pay for work on
that Public Holiday.
Paid Overtime
(a) The Employer may direct the Employee to work overtime in excess of the normal
working day to meet particular unavoidable work demands. Such work will not be
a regular occurrence, and reasonable notice of the requirement to work overtime
will be given.
(b) Where the work is required to be performed outside the span of 7.00am to 7.00pm
Monday to Friday, or beyond the current rostering arrangements for Employees
who work shift work, the overtime will be paid overtime and subject to clauses
12.3(c) to 12.3(f) of this Appendix.
(c) Where the work is unpredictable and the Employer is unable to provide
reasonable notice, the Employee may only refuse to work overtime where this
would impose personal hardship or interfere with an Employee's family
commitments. The Employee will provide an explanation at the time of refusing
the overtime.
(d) The Employer will ensure that work is organised in such a way that the
requirement to perform overtime is not a regular occurrence.
(e) All paid overtime between Monday to Saturday (excluding Public Holidays) will be
paid at the rate of 150 per cent of the ordinary rate of pay for the first two hours
and 200 per cent for each additional hour, subject to the maximum payment being
based on the hourly rate of the annual salary of the lowest pay point within Grade
4.
(f) All paid overtime on a Sunday (excluding Public Holidays) will be paid at the rate
of 200 per cent for each additional hour, subject to the maximum payment being
based on the hourly rate of the annual salary of the lowest pay point within Grade
4. Shift work Employees who have already completed a rostered day of 7.6 hours
will be paid overtime on a Saturday or Sunday (excluding Public Holidays) at 200
per cent for all overtime worked subject to the maximum payment being based on
the annual salary of the lowest pay point within Grade 4.
(g) All overtime worked on a Public Holiday will be paid at the rate of 250 per cent of
the ordinary rate of pay subject to the maximum payment being based on the
annual salary of the lowest pay point within Grade 4.
12.3
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(h) All overtime calculations will be rounded up to the next quarter of an hour.
(i) Where the Employee performs overtime work at the direction of the Employer and
the Employee is not able to utilise the normal means of transport home, the
Employer will organise safe means of transport for the Employee or on production
of a receipt reimburse the Employee the cost of commuting by taxi.
Emergency Work
Emergency provisions will apply where urgent action is required to meet the VFA’s
emergency management responsibilities under the Emergency Management Act 2013,
Emergency Management Manual of Victoria or as designated by the Employer. Activation
of these provisions will be limited to situations requiring immediate and urgent
response, where planning and service delivery are expedited under an emergency
management framework using approved systems.
For clarification, these emergency provisions will apply when an employee is performing
emergency related work as distinct from their ordinary duties and as directed by the
Operations Duty Officer, Agency Commander, Forward Commander or Incident
Controller. To remove any doubt, the applicable provisions for the Operations Duty
Officer are set out in Clause 5 of this Appendix.
Where an Employee is directed to undertake emergency work, the terms and conditions
of Part 1 of Appendix 6 – Department of Energy, Environment and Climate Action
(except Clauses 1, 3 and 31 and clauses 23 to 27) will apply to the Employee
undertaking that work.
Application
Part 3 of this Appendix applies to:
(a) employees classified as Fisheries Officers under the Fisheries Officers
classification structure at Clause 19 of this Appendix; and
(b) employees engaged as investigators.
Paid Rest Period for Compliance Work
An Employee undertaking compliance work shall not work in excess of 16 hours without
the prior approval of the Operations Manager or his/her delegate.
If a work period exceeds 16 hours an Employee will at the conclusion of such work period
receive a rest period of at least 10 hours duration, and will be paid an amount equivalent
Part 2 Emergency Work
13.
13.1
13.2
13.3
Part 3 Fisheries Officers Matters
14.
14.1
15.
15.1
15.2
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to 7.6 hours pay at ordinary rates. The 7.6 hours paid rest is to be paid in full and not
offset against the next commencing time.
Replacement of Damaged Clothing – Fisheries Officers
Where a Fisheries Officer is directed to wear clothing other than uniforms or other
clothing provided by the Authority, and the clothing is damaged or destroyed as a direct
consequence of the conduct of their duties as Fisheries Officer (excluding fair wear and
tear) the Authority will compensate the Officer for the damaged or destroyed clothing
item.
Shift Work
The Provisions of clause 43 (Shift Work) will apply to all VPS Employees employed as
Fisheries Officers or Investigators within the VFA.
Marine Qualification Allowance
The following table applies to fisheries officers who, as part of their normal duties, are
required to hold a marine qualification, and
(a) hold a current marine qualification; and
(b) for Coxswains – act as master on a VFA vessel for a period of at least 3 hours on 5
separate days or more in a financial year; or
(c) for Master V – act as master on a VFA vessel greater than 6m in length for a period
of at least 3 hours on 5 separate days or more in a financial year.
Table 145: Marine Qualification Allowance (VFA)
Date of effect Coxswains NC 2 Coxswains NC 1 Master V NC
1 May 2024 $258 $515 $773
1 May 2025 $266 $530 $796
1 May 2026 $274 $546 $820
1 May 2027 $282 $562 $845
For clarification, this clause does not apply to investigators.
Payment will be made to an Employee as a lump sum in August of each year for the
previous financial year on submission of evidence to the employer and verification that
the eligibility requirements outlined in clause 18.1 have been met.
A fisheries officer who holds multiple marine qualifications may only receive payment
for one qualification as outlined in the table.
16.
17.
17.1
18.
18.1
18.2
18.3
18.4
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Fisheries Officer Structure
Progression in the Fisheries Officer Structure is as follows:
(a) Entry rate for a Trainee Fisheries Officer is Level 1 (VPS 3.1.1).
(b) The officer will be advanced to Fisheries Officer Level 2 (VPS 3.2.1) after having:
(i) performed a minimum of 12 months as a fully appointed authorised officer,
and
(ii) demonstrated competence to the required level, and
(iii) achieved progression in the most recent Performance Cycle.
(c) The officer will be advanced to Senior Fisheries Officer (VPS 4.1.1) after having:
(i) performed a minimum of 4 years as a fully appointed authorised officer, and
(ii) demonstrated competence to the required level, and
(iii) attained a minimum of Coxswain Grade 2 Near Coastal Certificate of
Competency, and
(iv) achieved progression in at least 4 Performance Cycles including the most
recent one.
The training course required for the Coxswain Certificate of Competency (Grade 2 Near
Coastal) will be provided to fisheries officers within their first 4 years of service (unless
the officer has already completed it).
The Fisheries Officer Structure is set out in the table below. The salary minimums
referred to in this table are referenced against the VPS Structure set out in clause 1 of
Schedule C. The VPS Classification and Value Range Descriptors apply.
Table 146: Fisheries Officer Structure
Fisheries Officer Structure VPS Grade Alignment
Level 1 Fisheries Officer (Trainee) VPS salary point 3.1.1
Level 2 Fisheries Officer VPS salary point 3.2.1
Senior Fisheries Officer VPS salary point 4.1.1
Supervising Fisheries Officer
Value Range 1
VPS salary point 5.1.1
Supervising Fisheries Officer VPS salary point 5.2.1
Part 4 Fisheries Officer Structure -VPS Aligned Adaptive
Structures - Victorian Fisheries Authority
19.
19.1
19.2
19.3
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Fisheries Officer Structure VPS Grade Alignment
Value Range 2
Fisheries Manager
Value Range 1
VPS salary point 6.1.1
Fisheries Manager
Value Range 2
VPS salary point 6.2.1
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Arrangements
The Community and Public Sector Union (CPSU), Department of Transport and Planning
(DTP) and Victorian Infrastructure Delivery Authority (VIDA) note that the Association
of Professional Engineers, Scientists and Managers Australia (Professionals Australia)
are not a party to this Agreement, but agree that they will not oppose Professionals
Australia representing their members who are employed in respect of the functions that
were transferred in or around 2018/2019 from VicRoads to the Department of
Transport (DOT) and Major Roads Project Victoria (MRPV) Major Transport
Infrastructure Authority (MTIA), in relation to individual and/or collective matters.
Application
The terms and conditions set out in this Appendix apply to DTP Employees, employed in
the business areas and/or work specified within the respective clauses of the Appendix.
Traffic Control Officers
An Employee who is determined by DTP to be employed as a Traffic Control Officer (TCO)
will be entitled to additional terms and conditions contained in this clause.
For the purpose of this clause, a TCO is employed to perform duties in the DTP Transport
Operations Centre (TOC). A TCO performs shift work in accordance with clause 43.1
(Shift Work) of Section I of this Agreement. The primary function of a TCO is to provide
professional independent judgement in the monitoring and operation of DTP's Traffic
Management systems including investigations of traffic alarms and reports from the
public and stakeholders, ensuring all incidents and traffic disruptions are effectively
managed.
A TCO will be eligible receive the following entitlements additional to this Agreement:
(a) Change to Shift:
(i) An Employee who is required, with less than 48 hours’ notice, to change from
day shift or day work to an afternoon or night shift must be paid the ordinary
rate of pay for the day shift or day work not worked in addition to payment
for the shift worked. Where employees have agreed to exchange shifts this
allowance shall not apply.
(ii) To avoid doubt, the shift not worked does not count towards the employees’
ordinary hours of work.
(b) Unrostered Shift:
Appendix 16 Department of Transport and Planning and
Victorian Infrastructure Delivery Authority
1.
2.
3.
3.1
3.2
3.3
Victorian Public Service Enterprise Agreement 2024
Appendix 16 – Department of Transport and Victorian Infrastructure Delivery Authority
433
OFFICIAL
(i) An Employee who is required, with less than 48 hours’ notice, to work an
unrostered shift must be paid an allowance of 100% of the ordinary rate of
pay for the hours worked in addition to any shift or overtime rate applicable.
Where Employees have agreed to exchange shifts this allowance shall not
apply.
(ii) To avoid doubt, an unrostered shift is a stand-alone shift worked in addition
to an employees’ ordinary hours of work as scheduled in the TCO roster.
(c) Paid Meal Breaks:
(i) The Employer will grant thirty (30) minute paid meal breaks to TCOs at
times suitable to operational requirements. Where overtime follows
immediately after shift work, subsequent meal breaks will also be paid meal
breaks.
(ii) With the exception of clause 3.3(c)(i), paid meal breaks for TCO’s will
operate in accordance with clause 45.2 (Meal Breaks) of Section I of this
Agreement. To avoid doubt, this clause does not entitle an Employee to take
unpaid meal breaks in addition to paid meal breaks.
Emergency Management
The Employer will apply the entitlements in clause 79 of the Agreement to an Employee
when the Employee:
(a) is performing emergency related work in a Control Centre in response to a
declared emergency, that is or is not a part of the employee's ordinary duties or
their Employers' usual business operations;
(b) has the approval of their Employer to perform the work referred to at clause
4.1(a) of this Appendix; and
(c) is trained, skilled and fit for duty to perform the work referred to at clause 4.1(a)
of this Appendix.
For the avoidance of doubt, the Employer will apply entitlements under clause 79 of the
Agreement, in accordance with clause 79.1(b) of the Agreement, unless more
favourable conditions apply in other industrial instruments and/or individual
letters/contracts of employment. However, these more favourable conditions in other
industrial instruments and/or individual letters/contracts of employment do not form
part of this Agreement.
The Employer will engage in the VPS Emergency Management Working Group in
accordance with clause 78 of the Agreement, as appropriate.
4.
4.1
4.2
4.3
Victorian Public Service Enterprise Agreement 2024
Signatories
434
OFFICIAL
SIGNED for and on behalf of CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION by
authorised officer
SIGNED for and on behalf of the STATE OF VICTORIA by its authorised representatives:
Signatories
' tP~fSP:,v:torianBraufu -~- ~$ -~
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o Ube CPSU..1'JlE COMM u NlTY ANO PU BLH! SECTOR UNION, )zy a·uthori se-rl ,,
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DEPARTMENT·OFPREMlERANrfcAniNEf;::
I, Karen Batt, Branch Secretary CPSU/SPSF Victorian Branch, Level 4, 128 Exhibition Street, Melbourne 3000 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, by authorised officer, in application to the Fair Work Commission for its approval. Marin Balk SIGNED
........ I, JEREMI MOULE, SECRETARY DEPARTMENT OF PREMIER AND CABINET ..... ... LEVEL 2, 1 T 1 TREASURY PLACE, MELBOURNE VICTORIA 3000, ........ ......... sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf .... ..... of the DEPARTMENT OF PREMIER AND CABINET in application to the Fair Work Commission for its approval. SIGNED 1
Victorian Public Service Enterprise Agreement 2024
Signatories
435
OFFICIAL
~::::~o
2 Treasury Place, Melbourne, VIC 3000,
sign this proposed Victorian Bublic Service Enterpris 'Jlgreemen '2024, on behalf
of the Department of Education, in application to the Fair Work Commission
~
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I,PetaMcCammon, ~ ~--··· ~:;::~nt of Families, Fairness and Housine, ~ ~
50 Lonsdale Street, Melbourne, Victoria 3000,
sign this proposed Victorian Public Service Enterprise Agreement 2024. on behalf
of the Department of Families, Fairness and Housing, in application to the
Fair Work Commission for its approval.
SIGNED,
h'~--~■-
I, Jenny Atta, Secretary. Department of Education. 2 Treasury Place, Melbourne, VIC 3000 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the Department of Education, in application to the Fair Work Commission for its approval. SIGNED,
1, JOHN BRADLEY, SECRETARY, DEPARTMENT OF ENERGY, ENVIRONMENT AND CLIMATE ACTION, 8 NICHOLSON STREET, EAST MELBOURNE, sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the DEPARTMENT OF ENERGY, ENVIRONMENT AND CLIMATE ACTION, in application to the Fair Work Commission for its approval. SIGNED,
I, Peta McCammon, Secretary. Department of Families, Fairness and Housing. 50 Lonsdale Street, Melbourne, Victoria 3000. sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the Department of Families, Fairness and Housing, in application to the Fair Work Commission for its approval. SIGNED
Victorian Public Service Enterprise Agreement 2024
Signatories
436
OFFICIAL
H~~~~:::O:~ G
LEVEL 5, 1 MACARTHUR STREET, EAST MELBOURNE VIC 3002 ~
sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf
of the DEPARTMENT OF GOVERNMENT SERVICES, in application to the FaiT
Work Commission for its approval. ~
s~~ - ;:;:;:;:;:;::;;:;:;:;:;:;: •
~ri~i¥5i~~;::LT
50 Lonsdale Street. Melbourne. 3000
sign this proposed Victorian Public Service Enterprise Agreement 2024. on behalf
of the Department of Health, in application to the Fair Work Commission for its
~~:~;1- ~ :~~---_-_-__ -________ _
~~,o7/m'$J,: ~
~c~!g~=~re~~~/~
Depart~"'.'~ ofJobs, Skills, Industry and egions, ~
121 Exh1bft10n Street, Melbourne VIC 3000,
sign this proposed Victorian Public Service £,r1terpris ~greement 2024 , on behalf
of the Department of Jobs, Skills, Industry and Regions, in application to the
Fair Work Co
SIGNED,
I, JO DE MORTON SECRETARY, DEPARTMENT OF GOVERNMENT SERVICES, LEVEL 5, 1 MACARTHUR STREET, EAST MELBOURNE VIC 3002 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the DEPARTMENT OF GOVERNMENT SERVICES, in application to the Fair Work Commission for its approval. SIGNED
I, Katherine Whetton, Acting Secretary DEPARTMENT of HEALTH, 50 Lonsdale Street, Melbourne, 3000 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the Department of Health, in application to the Fair Work Commission for its approval. SIGNED Katherine Whelton
I, Lill Healy, Acting Secretary. Department of Jobs, Skills, Industry and Regions, 121 Exhibition Street, Melbourne VIC 3000, sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the Department of Jobs, Skills, Industry and Regions, in application to the Fair Work CommAsian for its approval. SIGNED Healy
Victorian Public Service Enterprise Agreement 2024
Signatories
437
OFFICIAL
I, Paul Younis, Secretary,
Department of Transport and Planning,
Level 21, 1 Spring Street, Melbourne, Victoria, 3000
sign this proposed Victorian Public Service Enterprise Agreement 2024, on
behalf of the Department of Transport and Planning, in application to the Fair
Work Commission for its approval.
SIGNED,
I, KATE HOUGHTON SECRETARY DEPARTMENT OF JUSTICE AND COMMUNITY SAFETY. 121 EXHIBITION STREET, MELBOURNE, sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the DEPARTMENT OF JUSTICE AND COMMUINTY SAFETY, in application to the Fair Work Commission for its approval. SIGNED
I, Chris Barrett SECRETARY, DEPARTMENT OF TREASURY AND FINANCE, 1 Treasury Place East Melbourne Victoria 3002, sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the DEPARTMENT OF TREASURY AND FINANCE, in application to the Fair Work Commission for its approval. SIGNED
Victorian Public Service Enterprise Agreement 2024
Signatories
438
OFFICIAL
~ •;:~ICEI~ ~@, ~
h'
W//~h®'#////h®'ffe~
its approval.
SIGNED,
~:£~;E~:~:~~:~:r:~ and Youn2 Peop~
Level 18/570 Bourke Street, Melbourne. Victoria 3000
sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf
of the Commission for Children and Youn2 People, in application to the Fair
Work Commission for its approval.
SIGNED,
I, FRANCES CAWTHRA CHIEF EXECUTIVE OFFICER, CenITex. LEVEL 10, SOUTH TOWER, 80 COLLINS STREET VIC 3000, sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of CenITex, in application to the Fair Work Commission for its approval. SIGNED, StrancesA Call
I, Dan O'Brien, Chief Executive Officer Cladding Safety Victoria 717 Bourke Street, Docklands VIC 3008 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the Cladding Safety Victoria in application to the Fair Work Commission for its approval. SIGNED
I, Liana Buchanan Principal Commissioner Commission for Children and Young People, Level 18/570 Bourke Street, Melbourne, Victoria 3000 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the Commission for Children and Young People, in application to the Fair Work Commission for its approval. SIGNED
Victorian Public Service Enterprise Agreement 2024
Signatories
439
OFFICIAL
I, Louise Anderson,
Chief Executive Officer,
Court Services Victoria,
Level 15, 181 William Street, Melbourne VIC 3000,
sign this proposed Victorian Public Service Enterprise Agreement 2024. on behalf
of Court Services Victoria. in application to the Fair Work Commission for its
approval.
SIGNED.
-
/, SITESH BHOJANI,
CHAIRPERSON {ACTING),
ESSENTIAL SERVICES COMMISSION,
LEVEL 8, 570 BOURKE STREET, MELBOURNE VICTORIA 3000,
sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf
of the ESSENTIAL SERVICES COMMISSION, in application to the Fair Work
Commission for its approval.
SIGNED,
I, Louise Anderson, Chief Executive Officer, Court Services Victoria, Level 15, 181 William Street, Melbourne VIC 3000 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of Court Services Victoria, in application to the Fair Work Commission for its approval. SIGNED
1, Lee Miezis Chief Executive Officer Environment Protection Authority 664 Collins St, Docklands VIC sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the Environment Protection Authority in application to the Fair Work Commission for its approval. SIGNED
I, SITESH BHOJANI CHAIRPERSON (ACTING), ESSENTIAL SERVICES COMMISSION LEVEL 8, 570 BOURKE STREET, MELBOURNE VICTORIA 3000, sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the ESSENTIAL SERVICES COMMISSION, in application to the Fair Work Commission for its approval. SIGNED, SBhojem
Victorian Public Service Enterprise Agreement 2024
Signatories
440
OFFICIAL
~:t~~i:c;;~~~cutiveOfficer, ~~-~ ■R
Respect V1ctona,
Old Treasury Building
Level 2/20 Spring Street, Melbourne, Victoria 3000
sign this proposed Victorian Public Service Enterprise Agreement 2024. on behalf
of Respect Victoria, in application to the Fair Work Commission for its
approval.
SIGNED.
~f g:~~~f ~:~~~
sign this proposed Victorian Bublic Service Enterpris "Agreemen '2024, on behalf
of the Game Management Authority in application to the Bair Work
Commission for its approval. ---·-- _ _ _ _ _ 0.
- ~/ . ,T,T,T,T,T
SIGNED, //////////2 ________ ~--· ~-- ~-~-~~·:_:-~·h·-:·,~.,.1•',~;-,,-.~· -~_,-,, -,-,,. ~
I, Serina McDuff, Acting Chief Executive Officer, Respect Victoria, Old Treasury Building Level 2/20 Spring Street, Melbourne, Victoria 3000 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of Respect Victoria, in application to the Fair Work Commission for its approval. SIGNED Song ist
I, Graeme Ford, Chief Executive Officer, Game Management Authority Level 2, 535 Bourke St Melbourne sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the Game Management Authority in application to the Fair Work Commission for its approval SIGNED,
I, LINDA TIMOTHY, ACTING CHIEF EXECUTIVE OFFICER, INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION LEVEL 1 NORTH, 459 COLLINS STREET, MELBOURNE, VICTORIA, 3000 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION in application to the Fair Work Commission for its approval. SIGNED Luída Timotous
Victorian Public Service Enterprise Agreement 2024
Signatories
441
OFFICIAL
~~~~;o~~!~;=~~tiv~ Office;/,~
Infrastructure V1ctona, ~
Level 33, 140 William St, Melbourne, VIC, 3000,
sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf
of Infrastructure Victoria, in application to the Fair Work Commission for its
: i -
t~~~o;Efill~~~;!~::155
:;:-
sign this proposed Victorian Bublic Service Enterpris ~greement 2024, on behalf
of the LABOUR HIRE AUT in applicati the Fair Wor'k Commission
for its approval.
SIGNED. ~
~ ------------ - - - - - -----··---------- - - - - - ------~·-----~
:i~~~a;~:s~ll~1~1~~fi~:~:. -
of the *LATROBE VALLEY AUTHORITY*
I, Allison Stewart Acting Chief Executive Officer, Infrastructure Victoria. Level 33, 140 William St, Melbourne, VIC, 3000. sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of Infrastructure Victoria, in application to the Fair Work Commission for its approval. SIGNED allison Stewart
I, STEVE DARGAVEL, LABOUR HIRE LICENSING COMMISSIONER LABOUR HIRE AUTHORITY PO BOX 393 BENDIGO VIC 3552 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the LABOUR HIRE AUTHORITY, in application to the Fair Work Commission for its approval. SIGNED
I, * CHRISTOPHER CLEEVE BUCKINGHAM* CEO* LATROBE VALLEY AUTHORITY* *5/131 PRINCES DRIVE, MORWELL, 3840* sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the *LATROBE VALLEY AUTHORITY *, in application to the Fair Work Commission for its approval. SIGNED,
Victorian Public Service Enterprise Agreement 2024
Signatories
442
OFFICIAL
I, Treasure Jennings, Chair Commissioner, Mental Health and Wellbeing Commission, Level
26, 570 Bourke Street, Melbourne sign this proposed Victorian Public Service Enterprise
Agreement 2024, on behalf of the Mental Health and Wellbeing Commission, in
application to the Fair Work Commission for its approval.
SIGNED,
_____________________________________________________________________________________
~:i~~H:~~~~!~~~~:~C;:R, ~--■■■■■■■~
LOCAL GOVERNMENT INSPEC'J:ORATE, R ~
LEVEL 27, 1 SPRING STREET MELBOURNE.
sign this proposed Victorian Public Service EnterpPis 'ilgreemen '2024, on behalf
of the LOCAL GOVERNMENT INSPECTORATE, i application to the Fair Work
Commission fo r its approval. .,., ~
~ j)1-~ ~ ■- --~-/ -/, ---:--~ --/ -~~-~;-__ -- ~ -_-_ -_-~ -_/ -/2 -~.,-½~
~
I, MICHAEL STEFANOVIC CHIEF MUNICIPAL INSPECTOR LOCAL GOVERNMENT INSPECTORATE LEVEL 27, 1 SPRING STREET MELBOURNE sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the LOCAL GOVERNMENT INSPECTORATE, in application to the Fair Work Commission for its approval. SIGNED
I, ABBEY HOGAN SOLICITOR FOR PUBLIC PROSECUTIONS, OFFICE OF PUBLIC PROSECUTIONS VICTORIA, 565 LONSDALE STREET, MELBOURNE, VICTORIA 3000 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the OFFICE OF PUBLIC PROSECUTIONS VICTORIA, in application to the Fair Work Commission for its approval. SIGNED
Victorian Public Service Enterprise Agreement 2024
Signatories
443
OFFICIAL
~~~~==~=~
I. Jonathan Burke,
Official Secretary.
Office of the Governor.
• el:ralf
GOVERNMENT HOUSE. MELBOURNE. VIC. 3004
sign this proposed VictorianPublic Service Enterprise Agreement 2024. on behalf
of the Office of the Governor. in application to the FairWork Commission for its
approval. • • • •
SIGNED,
~::~O/N:o~~:~;;rmv , ~
*VICTORIAN LEGAL SERVICES BOARD+ COMMISSIONER*, ~
*Lvl 5/555 BOURKE STREET, MELBOURN E"VIC 3000*, /- -
sign this proposed Victorian Publi 'Service Enterpris 'llgreemen 2024. on behalf
of the *VICTORIAN LEGAL SERVICES BOARD + COMMISSIONEru. in
application to the Fair Work Commission for its approval.
SIGNED.
'"'"'
1, JAYNE ATKINS, CHIEF PARLIAMENTARY COUNSEL, OFFICE OF THE CHIEF PARLIAMENTARY COUNSEL, LEVEL 2, I MACARTHUR ST MELBOURNE, sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the OFFICE OF THE CHIEF PARLIAMENTARY COUNSEL, in application to the Fair Work Commission for its approval.
I, Jonathan Burke, Official Secretary, Office of the Governor, GOVERNMENT HOUSE, MELBOURNE, VIC, 3004 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the Office of the Governor, in application to the Fair Work Commission for its approval. SIGNED
I, * FIONA MCLEAY* *CEO / COMMISSIONER* *VICTORIAN LEGAL SERVICES BOARD + COMMISSIONER* *Lvl 5/555 BOURKE STREET, MELBOURNE VIC 3000* sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the *VICTORIAN LEGAL SERVICES BOARD + COMMISSIONER *, in application to the Fair Work Commission for its approval. SIGNED
Victorian Public Service Enterprise Agreement 2024
Signatories
444
OFFICIAL
J, Marlo Barapanath,
Ombudsman,
Victorian Ombudsman,
Level 2,570 Bourke Street, Melbourne VIC 3000,
sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf
of the Victorian Ombudsman. in application to the Fair Work Commission for
its approval.
SIGNED,
~~!:~!::::~!ERACOMMISSIONER, ~---~
OFFICE OF THE ROAD SAFETY CAMERA COMMISSIONER, ~
121 EXHIBIT ON STREET, MELBOURNE.
si n his ro osed Victorian Public Service Enter rise A reement 2024 on behalf
of the OFFICE OF THE ROAD SAFETY CAMERA COMMISSIONER in
application to he Fair Work Commission fo r its approval.
SIGNED,
r~ ■
~ / / // / ~ // // / /////// // // / // // // ■
J, Sven Bluemmel.
Electoral Commissioner,
Victorian Electoral Commission
Level 11 530 Collins Street, Melbourne, VIC 3000,
sign this ro osed Victorian Public Service Enterprise Agreement 2024, on behalf
oft mission in a lication to the Fair Work
Co
I, Marlo Baragwanath, Ombudsman, Victorian Ombudsman, Level 2, 570 Bourke Street, Melbourne VIC 3000 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the Victorian Ombudsman, in application to the Fair Work Commission for its approval. SIGNED, M. J. Baragwanath
I, NEVILLE TAYLOR, ROAD SAFETY CAMERA COMMISSIONER, OFFICE OF THE ROAD SAFETY CAMERA COMMISSIONER, 121 EXHIBITION STREET, MELBOURNE, 2024. sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the OFFICE OF THE ROAD SAFETY CAMERA COMMISSIONER, in application to the Fair Work Commission for its approval. SIGNED,
I, Sven Bluemmel, Electoral Commissioner, Victorian Electoral Commission Level 11 530 Collins Street, Melbourne, VIC 3000 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the Victorian Electoral Commission, in application to the Fair Work Commission for its approval. SIGNED,
Victorian Public Service Enterprise Agreement 2024
Signatories
445
OFFICIAL
I, *EAMONN MORAN*,
*INSPECTOR*,
*VICTORIAN INSPECTORATE*,
*LEVEL 8/565 BOURKE STREET, MELBOURNE*.
sign this proposed Victorian Public Service Enterpn
of th *Vic orian Inspectorate*, in application to
for
SIG
~!;:::,~e;;;~fex~cutiveo~,~•, ~---~---~
Portable Long Semce Authonty, ~
195-229 Lyttleton Terrace. Bendigo VIC 355*,
sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf
of the Portable Long Service Authority, in application to the Fair Work
- SEAN MORRISON INFORMATION COMMISSIONER ... OFFICE OF THE VICTORIAN INFORMATION COMMISSIONER. LEVEL 34/121 EXHIBITION STREET, MELBOURNE, VICTORIA sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the OFFICE OF THE VICTORIAN INFORMATION COMMISSIONER, in application to the Fair Work Commission for its approval. SIGNED
I, * EAMONN MORAN *INSPECTOR* *VICTORIAN INSPECTORATE* *LEVEL 8/565 BOURKE STREET, MELBOURNE* sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the *Victorian Inspectorate *, in application to the Fair Work Commission for its approval. SIGNED Canon More
I, Joseph Yeung, Registrar / Chief executive Officer. Portable Long Service Authority, 195-229 Lyttleton Terrace, Bendigo VIC 355* sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the Portable Long Service Authority, in application to the Fair Work Commission for its approval. SIGNED
Victorian Public Service Enterprise Agreement 2024
Signatories
446
OFFICIAL
:0~:~ii:e~~~~~~utive Office://~
Safer Care Victoria, IC 3000 h lf
50 Lonsdale Street, elbourne._ , . Enternrise.Agreement -2024, on be a
• B bhc Service ~ £ ·t si n t is proposed Victonan ~ . the Fair Work Co mission or 1 s
L _JUSTINE HEAZLEWOOD", "DIRECTOR AND KEEPER OF PUBLIC RECORDS" *PUBLIC RECORD OFFICE VICTORIA" 299 SHIEL ST. NORTH MELBOURNE, VIC 3051", sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the *PUBLIC RECORD OFFICE VICTORIA* in application to the Fair Work Commission for its approval. SIGNED
I, Tammy O'Connor, Chief Executive Safe Transport Victoria, 1 Spring Street, Melbourne, Victoria 3000, sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the SAFE TRANSPORT VICTORIA in application to the Fair Work Commission for its approval. SIGNED,
I, Louise McKinlav Interim Chief Executive Officer Safer Care Victoria, 50 Lonsdale Street, Melbourne, VIC, 3000 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of Safer Care Victoria, in application to the Fair Work Commission for its approval. SIGNED
Victorian Public Service Enterprise Agreement 2024
Signatories
447
OFFICIAL
I, Jonathan Kaplan,
Social Services Re2ulator,
Social Services Re2ulator,
50 Lonsdale Street, Melbourne, Victoria 3000
sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf
of the Social Services Regulator, in application to the Fair Work Commission
for its approval.
SIGNED,
~=:=~~1~~~~I~~IH
80 COLLINS STREET, MELBOURNE, VIC 3000, ~
sign t is proposed Victorian Public Service Enterprise Agreement 2024, on behalf
of the SUBURBAN RAIL OOP AUTHORITY lication to th Fair'Work ½
Commission for its approval.
SIGNED, .--- 0 (/£/ ,____ m ~
~ ~~t~,~ ~~~~ ~
I, DARREN WHITELAW, ACTING CHIEF EXECUTIVE OFFCIER, SERVICE VICTORIA, LEVEL 10, 1 MCNAB AVENUE, FOOTSCRAY, VIC 3011, sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of SERVICE VICTORIA, in application to the Fair Work Commission for its approval. SIGNED,
I, Jonathan Kaplan, Social Services Regulator, Social Services Regulator, 50 Lonsdale Street, Melbourne, Victoria 3000 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the Social Services Regulator, in application to the Fair Work Commission for its approval. SIGNED,
I, FRANKIE CARROLL, CHIEF EXECUTIVE OFFICER, SUBURBAN RAIL LOOP AUTHORITY 80 COLLINS STREET, MELBOURNE, VIC 3000 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the SUBURBAN RAIL LOOP AUTHORITY, in application to the Fair Work Commission for its approval. SIGNED,
Victorian Public Service Enterprise Agreement 2024
Signatories
448
OFFICIAL
~2~1l¥£~?v~::~~~--
LEVEL 12,321 EXHIBITION STREET, MELBOURNE 3000, ~
sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf
of SUSTAINABILITY VICTORIA, in application to the Fair Work Commission for
its approval.
SIGNED, ~~-~ ----------~,----- •
vlf~ ~ •
" Ill~' D, N,
, ro,val
$~~-
I, Shane Patton, APM
Chief Commissioner
Victoria Police
311 Spencer Street, Docklands, VIC. 3008
sign this proposed Victorian Public Service En
of Victoria Police in application to the Fair W
SIGNED.
' &7
Stlal 1e Patton /\PM
Chief Commissioner
I, MATT GENEVER CHIEF EXECUTIVE OFFICER. SUSTAINABILITY VICTORIA, LEVEL 12, 321 EXHIBITION STREET, MELBOURNE 3000 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of SUSTAINABILITY VICTORIA, in application to the Fair Work Commission for its approval. SIGNED When
1, BEN FERGUSON, ACTING CEO, VICGRID, Level 37, 2 Lonsdale Street, Melbourne, VIC, 3002. sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of VICGRID, in application to the Fair Work Commission for its approval. SIGNED, 5
I, Shane Patton, APM Chief Commissioner Victoria Police 311 Spencer Street, Docklands, VIC, 3008 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of Victoria Police in application to the Fair Work Commission for its approval. SIGNED Schlaft 8/7/24 Shane Patton APM Chief Commissioner
Victorian Public Service Enterprise Agreement 2024
Signatories
449
OFFICIAL
~~~:~~~~~:::£
Level 27, 50 Lonsdale Street, Melbourne 3000
sign this proposed Vietorian Public Service Enterprise Agreement 2024. on behalf
oHhe Victorian Collaborative Centre for Mental Health and Wellbeing, in
application to the Fair Work Commission for its appro al. 0
z~----_-__ = __ =_ -_ =_ -_ =_ -_-= -_-= -•
~;;;~:i~7::b~~~
Level 20/570 Bourke Street, Melbourne. Victoria 3000
sign this proposed Victorian Bublic Service Enterprise.Agreemen '2024, on behalf
of the Victorian Disability Workers Commission, in application to th Fair
;;;;s
I, ANDREW GREAVES, AUDITOR-GENERAL VICTORIAN AUDITOR-GENERAL'S OFFICE, 31/35 COLLINS STREET, MELBOURNE, VICTORIA 3000. sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the VICTORIA \ AUDITOR-GENERAL'S OFFICE, in application to the Fair Work Commission for its approval. SIGNED,
I, Terry Laidler, Chair of the Board Victorian Collaborative Centre for Mental Health and Wellbeing. Level 27, 50 Lonsdale Street, Melbourne 3000 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the Victorian Collaborative Centre for Mental Health and Wellbeing in application to the Fair Work Commission for its approval. SIGNED Leroyhaidle
I, Dan Stubbs, Commissioner, Victorian Disability Workers Commission, Level 20/570 Bourke Street, Melbourne, Victoria 3000 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the Victorian Disability Workers Commission, in application to the Fair Work Commission for its approval. SIGNED
Victorian Public Service Enterprise Agreement 2024
Signatories
450
OFFICIAL
:~~:;~~i~n::~,0 ~ •
*Level 3. 204 Lygon Street. Carlton 3053, Victoria*,
sign his proposed Victorian Public Servic Enterprise Agreeme,nt 2024. on behalf
of the *Victorian Equal Opportunity and Human Rights Commission*. in
application to the Fair Work Commission for, its approval.
~/ ~-
w~////////////////////////////////////////////■
~~. ~ !~
lie Se eJralf
ice Enterprise Agreement 2024. on behalf
CASINO CO TROL COMMISSION in
I, Ro Allen, *Commissioner* *Victorian Equal Opportunity and Human Rights Commission *, *Level 3, 204 Lvgon Street, Carlton 3053, Victoria* sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the *Victorian Equal Opportunity and Human Rights Commission *, in application to the Fair Work Commission for its approval. SIGNED
1, Travis Dowling, CEO, Victorian Fisheries Authority. Level 19, 1 Spring Street, Melbourne 3000, sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the Victorian Fisheries Authority, in application to the Fair Work Commission for its approval. SIGNED,
1. * FRAN THORN" *CHAIR *VICTORIAN GAMBLING AND CASINO CONTROL COMMISSION* $12 SHELLEY STREET, RICHMOND *, sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the *VICTORIAN GAMBLING AND CASINO CONTROL COMMISSION", in application to the Fair Work Commission for its approval. SIGNED
Victorian Public Service Enterprise Agreement 2024
Signatories
451
OFFICIAL
~I~~~~~::G~z~~~:iNT SOLICITOR, ~
VICTORIAN GOVERNMENT SOLICITOR'S OFFICE. ~
LEVEL 25, 121 EXHIBITION STREET, MELBOURNE, VIC 3000.
sign this proposed Victorian Public Service Enterprise Agreement-2024, on behalf
of the VICTORIAN GOVERNMENT SOLICITOR'S OFFICE. in application to the
~~t}'.
~~~~~~~~~~:~~-GENERAL~
VICTORIAN INFRASTRUCTURE DELIVERY AUTHORITY, ~
LEVEL 14, 121 EXHIBITION STREET, MELBOURNE, 3000
sign this proposed Victorian Public Service Enterprise Agreement 2024 , on behalf
of the VICTORIAN INFRASTRUCTURE DELIVERY AUTHORITY, in application
to tbe Fair Work Commission for its approval.
ii1
~~=~:~S~~~~~LE, ~ ••••••• ~
VICTORIAN PUBLIC SECTOR COMMISSION, - ~
3 TREASURY PLACE, EAST MELBOURNE.
sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf
of the VICTORIAN PUBLIC SECTOR COMMISSION, in application to the Fair
Work Commission fo r • s a roval. 0
~
I, MATTHEW HOCKING, VICTORIAN GOVERNMENT SOLICITOR. VICTORIAN GOVERNMENT SOLICITOR'S OFFICE, LEVEL 25, 121 EXHIBITION STREET, MELBOURNE, VIC 3000. sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the VICTORIAN GOVERNMENT SOLICITOR'S OFFICE, in application to the Fair Work Commission for its approval. SIGNED
I, JOSHUA MILLER, ACTING DIRECTOR-GENERAL VICTORIAN INFRASTRUCTURE DELIVERY AUTHORITY, LEVEL 14, 121 EXHIBITION STREET, MELBOURNE, 3000 sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the VICTORIAN INFRASTRUCTURE DELIVERY AUTHORITY, in application to the Fair Work Commission for its approval SIGNED
I, BRIGID MONAGLE, COMMISSIONER VICTORIAN PUBLIC SECTOR COMMISSION 3 TREASURY PLACE, EAST MELBOURNE sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the VICTORIAN PUBLIC SECTOR COMMISSION, in application to the Fair Work Commission for its approval. SIGNED
Victorian Public Service Enterprise Agreement 2024
Signatories
452
OFFICIAL
I, Robert HORTLE,
COMMISSIONER,
WAGE INSEPCTORATE VICTORIA,
1 SPRING ST, MELBOURNE VIC 3001.
sign this proposed Victorian Public Service Enterprise Agreement 2024, on
behalf of the WAGE INSEPCTORATE VICTORIA, in application to the Fair
Work
Commission for its approval.
SIGNED,
I, Craig Robertson, Chief Executive Officer Victorian Skills Authority, Level 3, 289 Wellington Parade South, East Melbourne, 3002, sign this proposed Victorian Public Service Enterprise Agreement 2024, on behalf of the Victorian Skills Authority, in application to the Fair Work Commission for its approval. SIGNED Rober
Victorian Public Service Award 2016
27A. Workplace delegates’ rights
[27A inserted by PR774865 from 01Jul24]
27A.1 Clause 27A provides for the exercise of the rights of workplace delegates set out in
section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a
workplace delegate the rights mentioned in section 350C(3) if the employer has
complied with clause 27A.
27A.2 In clause 27A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with
the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the
delegate’s organisation who are employed by the employer in the enterprise.
27A.3 Before exercising entitlements under clause 27A, a workplace delegate must give the
employer written notice of their appointment or election as a workplace delegate. If
requested, the workplace delegate must provide the employer with evidence that
would satisfy a reasonable person of their appointment or election.
27A.4 An employee who ceases to be a workplace delegate must give written notice to the
employer within 14 days.
27A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who
wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a
bargaining representative under section 176 of the Act or is assisting the
delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the
employer under which eligible employees are entitled to be represented and
which concerns their industrial interests.
27A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the
purpose of representing their industrial interests under clause 27A.5. This
https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774865.pdf
http://www.legislation.gov.au/Series/C2009A00028
http://www.legislation.gov.au/Series/C2009A00028
http://www.legislation.gov.au/Series/C2009A00028
Victorian Public Service Award 2016
includes discussing membership of the delegate’s organisation and
representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during
working hours or work breaks, or before or after work.
27A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the
following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and
accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by
the employer to communicate with eligible employees and by eligible
employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and
photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility
under clause 27A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or
use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is
unable to obtain access after taking reasonable steps.
27A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a
workplace delegate with access to up to 5 days of paid time during normal working
hours for initial training and at least one day each subsequent year, to attend training
related to representation of the industrial interests of eligible employees, subject to the
following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access
to paid time for training to more than one workplace delegate per 50 eligible
employees.
(b) The number of eligible employees will be determined on the day a delegate
requests paid time to attend training, as the number of eligible employees who
are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
Victorian Public Service Award 2016
(c) Payment for a day of paid time during normal working hours is payment of the
amount the workplace delegate would have been paid for the hours the
workplace delegate would have been rostered or required to work on that day if
the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice
(unless the employer and delegate agree to a shorter period of notice) of the
dates, subject matter, the daily start and finish times of the training, and the name
of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer
with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from
the day on which the training is scheduled to commence, whether the workplace
delegate’s access to paid time during normal working hours to attend the training
has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training
ends, provide the employer with evidence that would satisfy a reasonable person
of their attendance at the training.
27A.9 Exercise of entitlements under clause 27A
(a) A workplace delegate’s entitlements under clause 27A are subject to the
conditions that the workplace delegate must, when exercising those
entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer,
including reasonable codes of conduct and requirements in relation to
occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights
to freedom of association.
(b) Clause 27A does not require the employer to provide a workplace delegate with
access to electronic means of communication in a way that provides individual
contact details for eligible employees.
(c) Clause 27A does not require an eligible employee to be represented by a
workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a
workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a
workplace delegate under the Act or clause 27A.
http://www.legislation.gov.au/Series/C2009A00028
http://www.legislation.gov.au/Series/C2009A00028
Victorian Public Service Award 2016
27A.10 Interaction with other clauses of this award
Other clauses of this award may give additional or more favourable entitlements to
workplace delegates (however described). If an entitlement of a workplace delegate
under another clause of this award is more favourable to the delegate than an
entitlement under clause 27A, the entitlement under the other clause applies instead
of the entitlement under clause 27A.
