1
Fair Work Act 2009
s.185—Enterprise agreement
South East Water Corporation
(AG2023/5385)
SOUTH EAST WATER EMPLOYEES’ ENTERPRISE AGREEMENT
2023
Water, sewerage and drainage services
DEPUTY PRESIDENT BELL MELBOURNE, 12 JANUARY 2024
Application for approval of the South East Water Employees’ Enterprise Agreement 2023.
[1] An application has been made for approval of an enterprise agreement known as the
South East Water Employees’ Enterprise Agreement 2023 (the Agreement). The application
was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, South East
Water Corporation. The Agreement is a single enterprise agreement.
[2] The notification time for the Agreement under s.173(2) was 20 October 2022 and the
Agreement was made on 12 December 2023. Accordingly, the genuine agreement requirements
are assessed under the Act as those applying before 6 June 2023 and the better off overall test
requirements is that applying on and from 6 June 2023.1
[3] Having regard to the material contained in the application and filed in relation to it, I am
satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this
application for approval have been met. The Agreement does not cover all of the employees of
the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied
that the group of employees was fairly chosen.
[4] The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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 it. In accordance with s.201(2) I note that the Agreement
covers the organisations.
1 The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise
agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June
2023, subject to various transitional arrangements which are not applicable to the present application.
[2024] FWCA 147
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
[2024] FWCA 147
2
[5] The Agreement was approved on 12 January 2024 and, in accordance with s.54, will
operate from 19 January 2024. The nominal expiry date of the Agreement is 1 September 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE523108 PR770204
F WORK OF THE C AUSTRALIA AMISSION THE SEAL
OFFICIAL
South East Water Employees’
Enterprise Agreement 2023
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Table of Contents
Part 1 – Application and Operation of Agreement ..............................................................................5
1. Application and Operation of Agreement .....................................................................5
1.1 Title ............................................................................................................. 5
1.2 Application .................................................................................................. 5
1.3 Period of Operation .................................................................................... 5
1.4 Definitions ................................................................................................... 5
Part 2 – Strategic Alignment .................................................................................................................8
2. Introduction and Aims of Agreement ............................................................................8
2.1 Introduction ................................................................................................. 8
2.2 Gender Equity Statement .......................................................................... 8
2.3 Meaning of ‘Pay’ ......................................................................................... 8
2.4 Commitment to collaborative approach to achieving gender pay equity ... 8
2.5 Claims relating to systemic gender equality issues ................................... 8
2.6 Sexual harassment .................................................................................... 8
2.7 Commitment to our Corporate Plan ........................................................... 8
Part 3 – Communication, Consultation and Dispute Resolution .......................................................9
3. Anti Discrimination .......................................................................................................9
3.1 Action ......................................................................................................... 9
4. Change Mechanism and Consultation - .......................................................................9
4.1 Duty to Notify Change ................................................................................ 9
4.2 Duty to Discuss Change ............................................................................. 9
4.3 Consultation about changes to regular rosters or hours of work ............. 10
4.4 Consultation ............................................................................................. 10
5. Dispute and Grievance Resolution ........................................................................... 11
5.1 Resolution of Dispute and Grievances ..................................................... 11
5.2 Obligations ............................................................................................... 11
5.3 Agreement and Dispute Settlement Facilitation ....................................... 11
5.4 Discussion of Grievance or Dispute ......................................................... 12
5.5 Internal Process ....................................................................................... 12
5.6 Dispute of a Collective Character............................................................. 12
5.7 Conciliation ............................................................................................... 12
5.8 Arbitration ................................................................................................. 13
5.9 Conduct of Matters before Fair Work Commission .................................. 13
5.10 Publication and Privacy Obligations during Disputes............................... 13
Part 4 – Employment Relationship and Related Arrangements .................................................... 14
6. Contract of Employment ............................................................................................ 14
6.1 Employee’s Address ................................................................................ 14
6.2 Types of Employment .............................................................................. 14
6.3 Maximum Term Employment ................................................................... 16
6.4 Secure Employment ................................................................................. 17
6.5 Probationary Period ................................................................................. 17
6.6 Abandonment of Employment .................................................................. 18
6.7 Termination of Employment ..................................................................... 18
6.8 Flexible Work Option ................................................................................ 19
6.9 Individual Flexibility Arrangements........................................................... 21
6.10 Use of Technology ................................................................................... 22
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6.11 Employee Assistance Program ................................................................ 23
6.12 Disciplinary Procedures ........................................................................... 23
Part 5 – Salaries and Related Matters ............................................................................................... 24
7. Salaries ..................................................................................................................... 24
7.1 Salary Sacrifice ........................................................................................ 24
7.2 Superannuation ........................................................................................ 24
7.3 Employees over 65 .................................................................................. 24
7.4 Salary Arrangements ............................................................................... 25
7.5 Performance Management ....................................................................... 26
7.6 Study Leave ............................................................................................. 27
7.7 Higher Duties............................................................................................ 27
7.8 Travel ....................................................................................................... 27
7.9 Salary Increases ...................................................................................... 28
7.10 Salary Increment Progression .................................................................. 28
7.11 Supported Wage System ......................................................................... 28
7.12 Payment of Wages/Salaries ..................................................................... 31
8. Accident Pay ............................................................................................................. 32
8.1 Payment and Conditions of Accident Make-up Pay ................................. 32
9. Expenses and Allowances ........................................................................................ 33
9.1 Sewage Contact Allowance ..................................................................... 33
9.2 First Aid and Mental Health First Aid Allowance ...................................... 33
Part 6 – Hours of Work, Breaks and Overtime ................................................................................. 34
10. Hours of Work, Breaks and Overtime ....................................................................... 34
10.1 Hours of Work .......................................................................................... 34
10.2 Rosters ..................................................................................................... 34
10.3 Shiftwork ................................................................................................... 35
10.4 Availability Duty ........................................................................................ 37
10.5 Recall on availability duty ......................................................................... 37
10.6 Call-Back (not on availability duty) ........................................................... 37
10.7 Overtime ................................................................................................... 38
10.8 Tea Breaks, Meal Breaks and Allowances .............................................. 41
10.9 Breast Feeding ......................................................................................... 42
Part 7 – Leave of Absence and Public Holidays .............................................................................. 43
11. Public Holidays .......................................................................................................... 43
11.1 General Entitlement ................................................................................. 43
11.2 Special Arrangements .............................................................................. 43
11.3 Substitute Days ........................................................................................ 44
12. Annual Leave ............................................................................................................ 44
12.1 Calculation of Service .............................................................................. 44
12.2 Period of Leave ........................................................................................ 44
12.3 Additional Leave for Regular Shiftworkers ............................................... 45
12.4 Taking of Annual Leave ........................................................................... 45
12.5 Pay where Annual Leave not Taken ........................................................ 45
12.6 Leave in Advance ..................................................................................... 45
12.7 Annual Closedown ................................................................................... 46
12.8 Leave Payment ........................................................................................ 46
12.9 Cashing out annual leave ......................................................................... 46
12.10 Purchased Leave .................................................................................... 46
12.11 Sick Leave while on Annual Leave .......................................................... 47
13. Other Leave .............................................................................................................. 48
13.1 Definition of Family ................................................................................... 48
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13.2 Personal Leave (Sick Leave and Carer’s Leave) ..................................... 48
13.3 Compassionate Leave ............................................................................. 51
13.4 Family and Domestic Violence Leave ...................................................... 52
13.5 Cultural and Ceremonial Leave................................................................ 54
13.6 Long Service Leave ................................................................................. 54
13.7 Parental Leave ......................................................................................... 54
13.8 Special Leave ........................................................................................... 54
Part 8 – Redeployment and Transfer of Business ........................................................................... 59
14. Redeployment ........................................................................................................... 59
14.1 Redeployment .......................................................................................... 59
14.2 Transfer of Business ................................................................................ 59
Part 9 – Union Related Matters .......................................................................................................... 60
15. Right of Entry ............................................................................................................ 60
15.1 Right of Entry............................................................................................ 60
16. Posting of Materials ................................................................................................... 60
16.1 Noticeboards and Intranet ........................................................................ 60
17. Union Delegates Rights to a Facility ......................................................................... 60
18. Union Representative Training.................................................................................. 61
18.1 Training Entitlement ................................................................................. 61
Appendix A: Salary Increases ...................................................................................................... 62
Appendix B: Long Service Leave ................................................................................................ 66
Appendix C: Parental Leave ......................................................................................................... 71
Appendix D: Guidelines for Professional Engineers and Scientists ....................................... 79
Signatories ........................................................................................................................................... 82
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Part 1 – Application and Operation of Agreement
1. Application and Operation of Agreement
1.1 Title
This Agreement shall be known as the South East Water Employees’ Enterprise
Agreement 2023.
1.2 Application
This Agreement shall apply to:
(a) South East Water;
(b) all employees of South East Water who are classified within Levels 1-5, according
to the South East Water Job family; and
(c) the Australian Municipal, Administrative, Clerical and Services Union. If the FWC
has noted in its decision to approve this Agreement, the Agreement covers this
organisation.
1.3 Period of Operation
The term of the Agreement will be four years.
This Agreement shall commence operation seven days following the date of its approval
by the FWC, its nominal expiry date shall be1 September, 2027.
Parties agree that negotiations for a new agreement will commence six months prior to
the expiration of the current Agreement.
This Agreement will be read and interpreted in conjunction with the National Employment
Standards (NES). Where there is an inconsistency between this Agreement and the NES,
and the NES provides a greater benefit, the NES provision will apply to the extent of the
inconsistency.
1.4 Definitions
Assistance Animal means an animal formally trained to assist a person with a
disability to alleviate the effect of their disability. This
includes:
• a guide dog for people with vision impairment, or
• hearing dogs for people with hearing impairment, or
• assistance dogs for people with a physical disability, or
• medical alert animals that help people before and
during a medical emergency, or
• psychiatric service animals that help people with a
mental illness, or
• any other animal agreed by South East Water or to
which an Assistance Animal Pass granted by the
Department of Transport applies.
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For the avoidance of doubt, Assistance Animal does not
include: a pet, companion, or therapy animal (other than a
therapy animal that meets the above descriptions).
Casual Employee means someone employed on a casual basis. A person is a
Casual Employee if:
• an offer of employment made by South East Water to
the person is made on the basis that South East Water
makes no firm advance commitment to continuing and
indefinite work according to an agreed pattern of work
for the person; and
• the person accepts the offer on that basis; and
• the person is an employee as a result of that
acceptance.
Casual Loading means loading of 25% in addition to the hourly rate which a
full-time employee would receive if that employee was
performing the duties at the time.
Casual Hourly Rate of Pay means the hourly rate which a full-time employee would
receive (as set out in Appendix A) if that employee was
performing the duties at the time plus the Casual Loading
Compressed Work
Arrangement
means full-time employees working their ordinary hours of
work over fewer than ten days in any fourteen day period
South East Water means South East Water
FWA means the Fair Work Act 2009 (Cth)
FWC means the Fair Work Commission
Maximum Term Contract means a contract which is for a specified period (for
example, six months) but can be terminated by an
employer or employee, with notice, prior to the expiration of
that specified period
Award means the Water Industry Award 2020
Ordinary hours of work means work hours at which the ordinary rate of pay applies
without loadings (except where overtime is being worked)
Ordinary rate of pay means the rate of pay prescribed for work being performed
in accordance with the classification contained in this
Agreement
People and Safety
Representative
means a member of the People and Safety team at South
East Water
People Leader means an employee’s direct manager
South East Water means South East Water and its subsidiary group iota
Services Pty Ltd
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South East Water Job
family
means our job classification structure which provides a
framework to classify roles - and ensure job-evaluation
consistency
STU An employee who is classified as a Short Term Unskilled
(STU) worker is an employee who is unskilled or has limited
skills or experience. An employee cannot remain classified
as STU for a period of more than three months. The
engagement of employees on the classification of STU will
not be used in place of another relevant classification
Union means the Australian Municipal, Administrative, Clerical
and Services Union
Union Delegate means an employee of South East Water who is a duly
accredited or an elected representative of the union
according to the rules of the union
Union Official means a duly accredited official of a union who is not an
employee of South East Water
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Part 2 – Strategic Alignment
2. Introduction and Aims of Agreement
2.1 Introduction
This Agreement has been developed together with management, employees, and the
Union to achieve a set of working arrangements, which meet the needs of the majority of
employees, South East Water and its customers. This Agreement aims to enhance the
quality of employees’ working lives whilst also allowing South East Water to achieve its
strategic directions including increasing customer service, productivity and efficiency.
2.2 Gender Equity Statement
South East Water is committed to gender pay equity. Gender pay equity is when women
and men receive equal pay for work of equal or comparable value. Not only is it about
ensuring women and men performing the same role are paid the same amount (otherwise
known as ‘equal pay’) but also ensuring that women and men performing different work of
equal and comparable value are paid equitably.
2.3 Meaning of ‘Pay’
In this Clause, ‘pay’ refers to remuneration including but not limited to salary, bonuses,
overtime payments, allowances and superannuation.
2.4 Commitment to collaborative approach to achieving gender pay equity
South East Water will work collaboratively with employees to identify, support and
implement strategies designed to eradicate the gender pay gap, gender inequality and
discrimination across the workplace. South East Water will consult with employees as per
its obligations under the Gender Equality Action Plan - Guidance for Defined Entities.
2.5 Claims relating to systemic gender equality issues
Employees may raise a dispute and seek resolution relating to a systemic gender equality
issue (claim) in accordance with this Clause. The dispute will be raised and followed
aligned with Clause 5 in this Agreement.
2.6 Sexual harassment
Sexual harassment is unlawful and will not be tolerated by South East Water.
South East Water and the parties to this Agreement are committed to ensuring the
workplace is free of any sexual harassment.
2.7 Commitment to our Corporate Plan
South East Water and its employees are committed to creating greater value for our
customers and achieving our strategic objectives to deliver on our vision.
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Part 3 – Communication, Consultation and Dispute
Resolution
3. Anti Discrimination
3.1 Action
In accordance with relevant legislation the parties to this Agreement will not take adverse
action against a person who is an employee, or prospective employee, of South East
Water because of the person’s race, colour, sex, sexual orientation, age, physical or
mental disability, marital status, family or carer’s responsibilities, pregnancy, religion,
political opinion, national extraction, social origin, breastfeeding, gender identity and
intersex status.
However, this does not apply to action that is:
(a) not unlawful under any anti-discrimination law in force in the place where the
action is taken;
(b) taken because of the inherent requirements of the particular position concerned;
(c) taken against an employee of an institution conducted in accordance with the
doctrines, tenets, beliefs or teachings of a particular religion or creed taken:
(i) in good faith;
(ii) to avoid injury to the religious susceptibilities of adherents of that religion
or creed.
4. Change Mechanism and Consultation -
4.1 Duty to Notify Change
Where South East Water has made a decision to introduce significant and substantial
changes that are likely to have significant effects on employees, including proposed
changes to regular rosters or ordinary hours of work of employees, it shall notify the
employees who may be affected by the proposed changes and the relevant nominated
employee and/or union representative.
4.2 Duty to Discuss Change
South East Water shall discuss with the employees affected and the relevant nominated
employee and/or union representative, inter alia:
(a) discuss the introduction of the changes referred to in Clause 4.1 of this
Agreement;
(b) discuss the effects the changes are likely to have on employees;
(c) discuss measures to avert or mitigate the adverse effects of such changes on
employees; and
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(d) give prompt consideration to matters raised by the employees and/or the relevant
nominated employee and/or union representative in relation to the changes.
The discussions shall commence as early as practicable after a decision has been made
by South East Water to make the changes referred to in Clause 4.1 of this Agreement.
For the purposes of such discussion, South East Water shall provide in writing to the
employees concerned and the relevant nominated employee and/or union representative,
all relevant information about the changes, including the nature of the changes proposed,
the expected effects of the changes on employees and any other matters likely to affect
employees, provided that South East Water shall not be required to disclose confidential
information, the disclosure of which would be detrimental to its interests.
4.3 Consultation about changes to regular rosters or hours of work
Where South East Water proposes to change an employee’s regular roster or ordinary
hours of work, South East Water must consult with the employee or employees affected
and their representatives, if any, about the proposed change.
South East Water must:
(a) notify relevant employees of the proposed change;
(b) as soon as practicable after proposing to introduce the change, discuss with the
relevant employees the introduction of the change, the nature of the change and
when it is to begin;
(c) invite the relevant employees to give their views about the impact of the change
(including any impact in relation to any family or carer responsibilities);
(d) invite the relevant employees’ nominated representative (if any) to give their views
about the impact; and
(e) give prompt consideration to matters raised by employees or their nominated
representative in relation to the change.
For the purposes of the discussion South East Water will provide to the relevant
employees and their nominated representative all relevant information about the change,
including the nature of the change, the expected effects of the change on employees and
any other matters likely to affect employees, provided that South East Water will not be
required to disclose confidential information which may be detrimental to its interests.
4.4 Consultation
Employees are encouraged to suggest ways of improving customer service and
efficiency.
Employees and their nominated employee and/or union representatives will be consulted
on change initiatives that may impact their working arrangements.
Employee comments and suggestions on issues that are affecting their working lives will
be considered and responded to.
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5. Dispute and Grievance Resolution
5.1 Resolution of Dispute and Grievances
Unless otherwise provided for in this Agreement, a dispute or grievance about a matter
arising under this Agreement, or in relation to the NES, or any other employment matter,
other than termination of employment, must be dealt with in accordance with this Clause.
This Clause does not apply to any dispute on a matter or matters arising in the course of
bargaining in relation to a proposed enterprise agreement.
A person covered by this Agreement may choose to have a support person or to be
represented at any stage by a support person or representative, including a union
representative or South East Water’s organisation.
An employee can raise any grievance with their People Leader or their People and Safety
Representative.
5.2 Obligations
The parties to the dispute or grievance and their representatives, must genuinely attempt
to resolve the dispute or grievance through the processes set out in this Clause and must
cooperate to ensure that these processes are carried out expeditiously.
Whilst a dispute or grievance is being dealt with in accordance with this Clause, work
must continue in accordance with usual practices, provided that:
(a) this does not apply to an employee who has a reasonable concern about an
imminent risk to their health or safety; and
(b) the employee has advised South East Water of this concern; and
(c) the employee has not unreasonably failed to comply with a direction by South
East Waterto perform other available work that is safe and appropriate for the
employee to perform.
No person covered by this Agreement will be prejudiced as to the final settlement of the
dispute or grievance by the continuance of work in accordance with this Clause.
5.3 Agreement and Dispute Settlement Facilitation
For the purposes of compliance with this Agreement (including compliance with this
dispute settlement procedure) where the chosen employee representative is another
employee of South East Water, the employee must be released by South East Water
from normal duties for such periods of time as may be reasonably necessary to enable
them to represent the employee concerning matters pertaining to the dispute/grievance.
This includes but is not limited to:
(a) participating in an investigation regarding the circumstances of a dispute or
alleged breach under Clause 5.1 of this Agreement;
(b) endeavouring to resolve a dispute arising out of the operation of Clause 5.1 of this
Agreement;
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(c) participating in conciliation, arbitration or any other agreed alternative dispute
resolution process.
The release from normal duties referred to in this Clause is subject to the proviso that it
does not unduly affect the operations of South East Water.
5.4 Discussion of Grievance or Dispute
The dispute or grievance must first be discussed by the aggrieved employee with the
immediate People Leader of the employee and escalated to People and Safety if not
resolved at this point.
If the matter is not settled, the employee can require that the matter be discussed with
another representative of South East Water appointed for the purpose of this procedure.
5.5 Internal Process
If any party to the dispute or grievance who is covered by this Agreement refers the
dispute or grievance to an established internal dispute or grievance resolution process,
the matter must first be dealt with in accordance with that process provided that the
process is conducted in a timely manner and it is consistent with the following principles:
(a) the rules of natural justice;
(b) provides for mediation or conciliation of the grievance;
(c) provides that South East Water will take into consideration any views on who
should conduct the review; and
(d) be conducted as quickly and with as little formality, as a proper consideration of
the matter allows.
If the dispute or grievance is not settled through an internal dispute or grievance
resolution process the matter can be dealt with in accordance with the process set out in
Clauses 5.6 through 5.10 of this Agreement.
If the matter is not settled, either party may refer the matter to the FWC for conciliation.
5.6 Dispute of a Collective Character
The parties covered by this Agreement 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.
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 for conciliation.
5.7 Conciliation
Where a dispute or grievance is referred for conciliation, a member of the FWC shall do
everything that appears to the member to be right and proper to assist the parties to
agree on terms for the settlement of the dispute or grievance.
This may include arranging:
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(a) conferences of the parties to the dispute or their representatives presided over by
the member; or
(b) for the parties or their representative to confer among themselves at conferences
at which the member is not present.
Conciliation before the FWC shall be regarded as completed when:
(a) the parties have reached agreement on the settlement of the grievance or
dispute;
(b) the member of the FWC conducting the conciliation has, either of their own
motion or after an application by either party, satisfied themselves that there is no
likelihood that within a reasonable period further conciliation will result in a
settlement; or
(c) the parties to the dispute have informed the FWC member that there is no
likelihood of agreement on the settlement of the grievance or dispute and the
member does not have substantial reason to refuse to regard the conciliation
proceedings as completed.
5.8 Arbitration
If the dispute or grievance has not been settled when conciliation has been completed,
either party may request that the FWC proceed to determine the dispute or grievance by
arbitration.
Where a member of the FWC has exercised conciliation powers in relation to the dispute
or grievance, the member shall not exercise, or take part in the exercise of, arbitration
powers in relation to the dispute or grievance if a party objects to the member doing so.
Subject to an appeal, the determination of the FWC is binding upon the parties covered
by this Agreement.
5.9 Conduct of Matters before Fair Work Commission
Subject to any agreement between the parties in relation to a particular dispute or
grievance and the provisions of this Clause in dealing with a dispute or grievance through
conciliation or arbitration, the FWC may conduct the matter in accordance with
Subdivision B of Division 3 of Part 5-1 of the FWA.
5.10 Publication and Privacy Obligations during Disputes
Subject to the agreement of the parties to the dispute, the FWC may publicly disclose any
recommendation or decision it has reached in orders to resolve in whole or in part any
dispute under this Agreement.
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Part 4 – Employment Relationship and
Related Arrangements
6. Contract of Employment
6.1 Employee’s Address
At the time of engagement the employee shall provide a written statement of their usual
place of residence.
The employee shall inform South East Water, by updating their details in the employee
self service system, of any subsequent change in their usual place of residence.
6.2 Types of Employment
6.2.1 Full Time
A full-time employee is one who is engaged to work the ordinary hours of work prescribed
in Clause 10.1 of this Agreement.
6.2.2 Part Time
A part-time employee is one whose hours of employment are less than 38 hours per week
and who receives pro-rata entitlements of a full-time employee.
At the time of engagement South East Water and the part-time employee will agree in
writing on a regular pattern of work specifying at least:
(a) the hours worked each day;
(b) which days of the week the employee will work; and
(c) the actual starting and finishing times each day.
The hours of work of a part-time employee may be varied by agreement between South
East Water and the employee.
South East Water is required to roster a part-time employee for a minimum of
three consecutive hours on any shift. A part-time employee is entitled to benefits provided
to full-time employees, such as annual leave and personal/carers leave, calculated on a
pro-rata basis according to the employee’s ordinary hours of work.
Notwithstanding Clause 11.1, a part-time employee shall only receive payment for public
holidays which fall upon a day on which the employee would normally work. Such
payment will correspond to the hours that would normally be worked on that day by the
employee.
The other conditions of employment of part-time employees shall be those prescribed
elsewhere in this Agreement, except to the extent that they are superseded or modified
by the provisions of this Clause.
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6.2.3 Casual
South East Water may employ persons on a casual basis for the purpose of meeting
particular and short term needs. See Clause 1.4 for definition of Casual Employee.
A Casual Employee shall be paid a Casual Loading. The Casual Loading prescribed in
this subclause is paid to the Casual Employee to compensate them for annual leave, paid
personal/carer’s leave, paid compassionate leave, payment for absence on a public
holiday, payment in lieu of notice of termination and redundancy pay.
A Casual Employee who is required to work ordinary hours of work on a Saturday,
Sunday, or a public holiday shall be entitled to payment calculated in the same manner as
a full-time employee performing like duties. For the avoidance of doubt, no loading is
payable on overtime.
Casual Employees shall be provided with a minimum period of three hours’ employment
on each engagement or be paid for a minimum of three hours at the Casual Hourly Rate
of Pay.
Casual Employees are entitled to the following leave:
(a) two days’ unpaid carer’s leave when a member of the employee’s immediate
family, a member of the employee’s household or Assistance Animal requires
care or support because of:
(i) a personal illness, or a personal injury, affecting the member;
(ii) an illness or injury affecting the Assistance Animal; or
(iii) an unexpected emergency affecting the member or Assistance Animal.
(b) compassionate leave in accordance with the FWA, which currently provides for
two days’ unpaid compassionate leave per permissible occasion in the following
circumstances:
(i) when a member of the employee’s immediate family or a member of the
employee’s household:
A. contracts or develops a personal illness that poses a serious threat
to his or her life; or
B. sustains a personal injury that poses a serious threat to his or her
life; or
C. dies; or
(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;
(c) community service leave in accordance with the FWA as amended from time to
time; and
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(d) long service leave in accordance with applicable legislation as amended from time
to time.
Casual Employees required to attend jury service in any court will be entitled to
make up pay for the period during which the attendance of the employee at court
is required. Make up pay is the difference between any jury duty payment
received and the employee’s base pay for the ordinary hours of work they would
have worked had they not been required to attend jury service. Where the Casual
Employee works irregular hours the hours worked in the prior three months will be
averaged and used to determine payment.
To obtain approval for leave under this subclause, a leave application should be
supported by the notification that the employee is required to attend the court.
The employee shall submit an attendance certificate obtained from the sheriff or
clerk of the court on returning to work.
Casual Employees will be required to provide evidence of jury duty payment
received on returning to work.
The organisation will require the Casual Employee to provide satisfactory evidence to
support the taking of leave under this Clause.
South East Water must not fail to re-engage a Casual Employee because the employee
accessed the entitlements provided for in this Clause. The rights of South East Water to
engage or not to engage a Casual Employee are otherwise not affected.
Notwithstanding anything to the contrary appearing elsewhere in this Agreement, the
services of a Casual Employee may be terminated by one hour’s notice on either side or
by payment or forfeiture of one hour at the Casual Hourly Rate of Pay.
Unless specifically provided for in this Agreement, a Casual Employee shall not be
covered by the Clauses or entitled to any of the benefits under this Agreement.
For the avoidance of doubt, Casual Employees will be entitled to any benefits which apply
to casual employees under the FWA.
6.3 Maximum Term Employment
See Clause 1.4 for definition of Maximum Term Contract. Employees may be employed
on a Maximum Term Contract in the following circumstances:
(a) to replace permanent employees on long term leave or illness;
(b) to perform a specific task or project; or
(c) to fill unexpected or short term peak workloads.
South East Water will not dispense with a permanent position for the purpose of creating
a temporary position or positions.
Every person engaged as a temporary employee on a Maximum Term Contract shall be
deemed to be subject to the provisions of this Agreement with the exception of
entitlements to study leave, 48/52 arrangements, or special leave policies, unless
otherwise stated.
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6.4 Secure Employment
South East Water acknowledges the positive impact that secure employment has on
employees and the provision of quality services to the Victorian community. South East
Water will give preference to ongoing forms of employment over casual and maximum
term arrangements wherever possible.
6.4.1 Maximum term positions
Subject to any relevant exceptions in the FWA:
(a) maximum term positions will be for a maximum period of two years;
(b) where a maximum term position extends beyond two years, the role will be
considered to be an ongoing permanent role and will be filled through normal
recruitment processes; and
(c) where an employee has been in that maximum term position for the two-year
period they may elect to convert to the permanent role.
6.4.2 Requests for Conversion
A Casual Employee who has had regular and systematic employment for an ongoing
period of at least six months can make a request to become a permanent employee from
21 days after the employee’s 12-month anniversary. South East Water can only refuse
this request after consulting with the employee and on reasonable grounds based on
facts that are known, or reasonable foreseeable, at the time of refusing the request. If
South East Water requires the role to become a permanent role and the Casual
Employee does not elect to become a permanent employee, the role may be filled
through normal recruitment processes.
6.4.3 Offers for Conversion
South East Water will make a written offer to convert a Casual Employee’s employment to
permanent employment within 21 days after the employee’s 12-month anniversary, if the
employee:
(a) has been employed by South East Water for 12 months; and
(b) has worked a regular pattern of hours on an ongoing basis for at least the last six
months and could continue working these hours as a full-time or part-time
employee without significant changes.
If South East Water requires the role to become a permanent role and the Casual
Employee does not elect to become a permanent employee, the role may be filled
through normal recruitment processes.
6.5 Probationary Period
Employees, other than Casual Employees, will be subject to a probationary period of up
to six months, unless otherwise agreed in writing. During this probationary period either
South East Water or the employee may terminate the employment by giving one week's
notice in writing to the other, or payment in lieu of notice, or forfeiture of an equivalent pay
for ordinary hours of work for that period. All offers of employment must include a specific
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provision notifying the employee that they are subject to a probationary period.
Employees must be notified in writing when the period expires.
6.6 Abandonment of Employment
An employee who has been absent for a period of five working days, without the consent
of South East Water and during such time has not established to the satisfaction of South
East Water that the employee was absent for reasonable cause, will be deemed to have
abandoned their employment without notice, provided that South East Water will make a
reasonable effort to contact the employee before South East Water considers the
employment abandoned.
Termination in such circumstances will operate from the date of the last attendance at
work or the last day’s absence in respect of which consent was granted.
Where an employee is terminated under such circumstances, South East Water shall pay
to the employee notice under Clause 6.7 and ensure the employee is paid for all work
performed. The termination will be subject to Clause 6.7 of the Agreement.
6.7 Termination of Employment
6.7.1 Notice of termination by South East Water
In order to terminate the employment of an employee, other than a Casual Employees
and employees on Maximum Term Contracts, South East Water shall give to the
employee the following notice:
Period of continuous service Period of Notice
Not more than 1 year 1 week
More than 1 year but not more than 3 years 2 weeks
More than 3 years but not more than 5 years 3 weeks
More than 5 years 4 weeks
In addition to the period of notice an employee over 45 years of age at the time of the
giving of the notice with not less than two years continuous service, shall be entitled to an
additional week’s notice.
Payment in lieu of the notice prescribed shall be made if the appropriate notice period is
not given; provided that employment may be terminated by part of the period of notice
specified and part payment in lieu thereof.
In calculating any payment in lieu of notice, the ordinary rate of pay an employee would
have received in respect of the ordinary hours of work that would have been worked
during the period of notice, had employment not been terminated, shall be used; provided
that where the express provisions of an employee’s employment provide for a longer
period of notice, such provisions shall be applicable.
The period of notice in this Clause shall not apply in the case of Casual Employees or for
conduct that justifies summary dismissal.
For the purpose of this Clause, continuity of service shall be calculated in the manner
prescribed in Clause 12.1 of this Agreement.
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6.7.2 Notice of termination by employee
The notice of termination required to be given by an employee shall be the same as that
required of South East Water except that there shall be no additional notice based on the
age of the employee concerned.
If an employee fails to give notice, South East Water shall have the right to withhold
monies due to the employee with a maximum amount of one week’s pay.
6.7.3 Time off during notice period
Where South East Water has given notice of termination to an employee, an employee
shall be allowed up to the equivalent of one day’s time off during the notice period without
loss of pay for the purpose of seeking other employment. The time off shall be taken at
times that are convenient to the employee after consultation with South East Water.
6.7.4 Notice period shortened by mutual agreement
By mutual agreement an employee, after having given notice, may leave the employment
prior to the expiration of the notice period and receive salary/wages up to the last hour
worked only.
6.7.5 Payment on termination
South East Water will pay an employee no later than seven days after the day on which
the employee’s employment terminates, all of the amounts that are due to the employee
under this Agreement for any complete or incomplete pay period up to the end of the day
of termination. For the avoidance of doubt the payments will include all wages, accrued
annual leave and long service leave.
6.8 Flexible Work Option
South East Water is committed to providing flexible work options that support employees
in achieving work life balance. The NES provides the ability for certain employees to
request flexible work arrangements. South East Water extends that ability to all
employees.
Any request by an employee will not be unreasonably refused and South East Water will
fairly consider the operational needs of the business and the needs of the employee.
Flexible work options may include, but are not limited to:
(a) part time hours (i.e. options of less than 38 hours per week, temporary reductions
in working hours, options regarding working days of the week which respect
public holiday entitlements);
(b) job sharing arrangements (i.e. part time job sharing);
(c) purchased leave arrangements (i.e. 48/52, cashing out of annual leave, leave in
advance etc.);
(d) flexible and varied working hours (i.e. varied start and finishing times);
(e) working remotely (i.e. working from home, working from alternatives locations
etc.);
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(f) rostered days off (.);
(g) Compressed Work Arrangements;
(h) short and medium term secondments and deployments.
Flexible working options agreed between a manager and an employee are supported by
Clause 6.9.
Where employees request to work from home at hours that suit them and the work they
do addresses business requirements, penalty rates will not apply. Any request by an
employee for a flexible work arrangement, whether it is working remotely or job sharing
arrangements, will not result in an increase to the employee’s pay.
6.8.2 Rostered Day Off
Employees who work in accordance with a paid 38-hour week arrangement (see Clause
7.4 and 10.1) will accrue up to 7.6 hours per four weeks, to be taken as flexible-time-off at
a time mutually agreed by them and their People Leader, taking into account operational
requirements.
A maximum of three days’ (i.e. 22.8 hours) flexible-time-off can be accrued. Once three
days are accrued, any further time worked in excess of the rostered work day, under this
Clause, is to be cashed out at time-and a-half, or to be taken off at time-for-time by
agreement between the employee and their People Leader.
Any employee who has received compensation for foregoing their 19 day/four week
period pursuant to Clause 7.4 of this Agreement may avail themselves of a return to a
19 day/four week period by reverting to the non-annualised pay rate. This is subject to
operational requirements. Employees may take time off on one day, where this is agreed
with their manager and make up the time on another day.
Time may be worked in excess of the rostered workday, where approved in advance by
management, unless this is not practicable.
An employee’s accrued rostered day off may be changed during the currency of a roster
period by agreement between South East Water and the employee. In the absence of
such agreement other than in an emergency situation, 72 hours’ notice of such alteration
shall be given to the employee.
Any employee working a paid 40-hour week arrangement (see Clause 7.4 and 10.1) will
not accrue or be entitled to flexible-time off under this arrangement.
6.8.3 Compressed Working Arrangement
Up to six times per calendar year, an employee working a Compressed Working
Arrangement may change their scheduled non work day by providing five working days
written notice before the scheduled non work day. The change of a non work day must be
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approved by the employee’s people leader and be taken within a fortnight of the provision
of the notice.
In exceptional circumstances, additional changes (above six times per calendar
year) may be approved by the employee’s people leader.
6.9 Individual Flexibility Arrangements
An employee and South East Water may enter into an individual flexibility arrangement
pursuant to this Clause in order to meet the genuine needs of the employee and South
East Water. An individual flexibility arrangement must be genuinely agreed to by the
employee and South East Water.
An individual flexibility arrangement may vary the effect of one or more of the following
terms of this Agreement:
(a) hours of work;
(b) start/finish times;
(c) flexible time off/rostered days off;
(d) work location;
(e) overtime;
(f) penalty rates; and
(g) allowances.
An employee may nominate a representative to assist in negotiations for an individual
flexibility arrangement.
South East Water must ensure that any individual flexibility arrangement will result in the
employee being better off overall than the employee would have been if no individual
flexibility arrangement were agreed to.
South East Water must ensure that an individual flexibility arrangement is in writing and
signed by the employee and South East Water. If the employee is under 18, the
arrangement must also be signed by a parent or guardian of the employee.
South East Water must give a copy of the individual flexibility arrangement to the
employee within 14 days after it is agreed to.
South East Water must ensure that any individual flexibility arrangement sets out:
(a) the terms of this Agreement that will be varied by the arrangement;
(b) how the arrangement will vary the effect of the terms;
(c) how the employee will be better off overall in relation to the terms and conditions
of their employment as a result of the arrangement;
(d) the day on which the arrangement commences.
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South East Water must ensure that any individual flexibility arrangement:
(a) is about matters that would be permitted matters under section 172 of the FWA if
the arrangement were an enterprise agreement;
(b) does not include any term that would be an unlawful term under section 194 of the
FWA if the arrangement were an enterprise agreement;
(c) provides for the arrangement to be terminated:
(i) by either the employee or South East Water giving a specified period of
written notice, with the specified period being no more than 28 days;
(ii) at any time by written agreement between the employee and South East
Water.
An individual flexibility arrangement may be expressed to operate for a specified term or
while the employee is performing a specified role (such as acting in a specified higher
position). Such an arrangement will terminate on expiry of the specified term or when the
employee ceases to perform the specified role, unless terminated earlier on notice or by
agreement.
6.10 Use of Technology
To further improve safety and customer service using GPS type technology solutions, in-
vehicle monitoring devices, mobile tracking devices or apps, or CCTV systems may be
introduced and/or installed in vehicles or in the workplace. If implemented, this technology
will adhere to the requirements of the following:
(a) Surveillance Devices Act 1999 (Vic); and
(b) Privacy and Data Protection Act 2014 (Vic).
Closed circuit television cameras (CCTV) are installed in various locations in the
workplace and are primarily used to encourage safety and deter security incidents. CCTV
footage may also be:
(a) used to assist in the investigation of any health and safety incident or unlawful act;
or
(b) used to assist in the investigation of serious breaches of South East Water’s Code
of Conduct or the Victorian Public-Sector Values, or acts of misconduct or serious
misconduct; only where a formal investigation has commenced.
CCTV is not installed in any bathroom, washroom, change room or lactation room.
If information obtained via a GPS tracking device or a CCTV system is required to be
used in connection with disciplinary procedures, the principles and provisions outlined in
Clause 6.12 will be applied. Specifically, South East Water will adhere to the principles of
natural justice. Provided, however, that any data collected via the GPS tracking device or
CCTV can only be used as secondary information or supporting evidence during any
disciplinary proceedings.
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6.11 Employee Assistance Program
South East Water is committed to ensuring the safety and wellbeing of our employees by
providing ongoing confidential counselling and support through an Employee Assistance
Program.
6.12 Disciplinary Procedures
South East water will ensure it has a clearly documented and published policy that
adheres to the principles of natural justice when undertaking disciplinary action or
investigating any concern or allegation about an employee’s performance or conduct.
South East Water will ensure that the employee:
(a) is given a clear outline of the concern South East Water holds;
(b) wherever possible, the employee is provided with evidence regarding the
concern/allegation;
(c) has an opportunity to consider the concerns/allegations prior to being required to
respond to those concerns/allegations;
(d) has the opportunity to have representation at any stage of the process; and
(e) is made aware of the seriousness and likely consequences of the process being
undertaken.
Where the disciplinary matter concerns work performance, the procedure should provide
for adequate on-going supervision/support and document the agreed timeframe for
performance improvements.
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Part 5 – Salaries and Related Matters
7. Salaries
7.1 Salary Sacrifice
South East Water shall offer salary sacrifice arrangements to enable employees to take
advantage of appropriate packaging options, provided that such options are cost neutral
to South East Water. Any salary sacrifice arrangements will be within the applicable
taxation legal and administrative guidelines and shall be varied to reflect changes to these
guidelines.
Employees who opt for salary sacrifice will not be disadvantaged by the application of
future wage increases and allowances. Increases to wages and/or allowances shall be
applied to the rates applicable prior to the application of any salary sacrifice
arrangements. Any fringe benefits tax applicable shall be paid for in full by the employee.
7.2 Superannuation
South East Water will make superannuation contributions for all employees in accordance
with relevant legislation.
If the employee does not nominate a superannuation fund or a stapled fund, South East
Water will make superannuation contributions to the default funds VISION Super and
EQUIPsuper.
Choice of fund is available to all employees and will be made in accordance with the
prescribed trust deed contribution rates of the employee’s chosen fund and the
requirements imposed under the Superannuation Guarantee (Administration) Act 1992
(Cth).
If South East Water is requested to become a member of an employee’s chosen
superannuation fund, South East Water has the right not to accept the request based on
the fund’s inability to meet South East Water’s payment protocols e.g. not willing to
accept Electronic Funds Transfer payments from South East Water.
7.3 Employees over 65
Long Service Leave will continue to accrue for employees over 65 in accordance with the
provisions set out in Appendix B: of this Agreement.
If the employee’s superannuation fund allows contributions to continue, South East Water
will continue to make legislative contributions on the (over 65) employee’s behalf. If the
superannuation fund will not allow contributions to be made South East Water will provide
the legislative contribution amount to the employee.
In the event of a workplace injury, South East Water will make financial contributions to
the employee as it would for employees under 65 if applicable under current WorkCover
legislation.
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7.4 Salary Arrangements
Employees will work either:
7.4.1 A 38-hour week salary arrangement
An employee working a 38-hour week arrangement will be paid an annual salary for an
average of 38-hours per week in accordance with Appendix A: Table 1 and is entitled to
accrue flexible time off in accordance with Clause 6.8.
An employee working a 38-hour week arrangement will be entitled to overtime and
allowances in accordance with the terms of this Agreement.
7.4.2 A 40-hour week salary arrangement
An employee working a 40-hour week arrangement will be paid an annual salary for 40-
hours per week in accordance with Appendix A: Table 1 and is not entitled to accrue
flexible time off in accordance with Clause 6.8.
An employee working a 40-hour week arrangement will be entitled to overtime and
allowances in accordance with the terms of this Agreement.
7.4.3 Annualised salary arrangement
Annualised salary allowance arrangements will be available to all permanent employees
by agreement between South East Water and the employee.
An employee on an annualised salary arrangement is not entitled to accrue flexible time
off in accordance with Clause 6.8. Any flexible time off accrual, which the employee holds
upon entering into an annualised salary arrangement, must be taken as time off within
three months of the commencement of the arrangement or used as per above for
personal commitments with agreement from their People Leader.
The annualised salary paid to an employee under this Clause constitutes the whole of an
employee’s remuneration and takes account of all aspects and conditions of employment
including overtime, allowances and penalty payments, unless expressly agreed in writing
between the employee and South East Water.
South East Water will ensure that an employee receiving an annualised salary will not be
disadvantaged. The annualised salary will be no less than the amount the employee
would have received under this Agreement for the work performed over the year for which
the salary is paid (or if the employment ceases earlier, over such lesser period as has
been worked).
If the employee’s hours of work required to be undertaken change sufficiently to warrant a
salary adjustment, then the employee’s annualised salary will be adjusted accordingly.
The annualised salary is superable and is applicable to annual leave, sick leave and long
service leave.
Where the employee’s salary does not include an annualised overtime allowance, the
employee may claim payment for work required by their manager to be undertaken which
attracts entitlement for overtime, penalty rates or allowances under this Agreement,
provided that overtime will only be payable for work in excess of 40 hours in the week.The
employee’s annualised salary will be reviewed each year, to confirm:
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(a) any incremental progression based on the achievement of performance standards
in line with Clause 7.5 of this Agreement;
(b) the components of the employee’s annualised salary (e.g. overtime, penalty rates
and allowances);
(c) that the employee is in receipt of an annualised salary that is better off overall
than if they had been paid in strict accordance with the terms of this Agreement,
and where any employee’s annualised salary falls short of their entitled pay,
South East Water will make a top up payment to account for the delta or increase
the employee’s annualised salary to account for these provisions; and
(d) the employee will be provided with details of the annualised salary in writing on an
annual basis.
(e) Superannuation contributions by South East Water will be based on the
employee’s annualised salary
If either party wishes to discontinue annualised salary arrangements they must provide
four weeks’ notice.
7.5 Performance Management
South East Water is committed to the development of its employees. Each permanent
and maximum term employee’s performance is to be assessed annually, by the end of
July. The key features of this system are:
(a) the review will focus on the identification of performance outcomes, gaps and
training and development outcomes. Performance will be appraised objectively
against:
(i) key result areas;
(ii) goals and agreed performance outcomes;
(iii) organisational values;
(b) training of People Leaders in effective performance management is required.
Each employee will receive regular performance feedback during the year from
their People Leader, with a mid-year review to identify any concerns and provide
opportunity to rectify problems;
(c) if the employee’s role changes or includes new projects, or upon the employee’s
request, the manager will review the employee’s performance plan;
(d) the employee’s performance plan will be in writing and will be set by agreement
between the employee and their People Leader, by end of August each year and
will include a training and development action plan and achievable performance
targets;
(e) increment progression will only occur through acceptable performance in relation
to requirements of the position, values and the application of skill; and
(f) any issues arising in relation to performance assessment should be resolved
through Clause 5 of this Agreement.
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7.6 Study Leave
South East Water is committed to the growth and development of our people. Employees
undertaking study may be eligible to access support through the South East Water Study
Assistance policy including financial assistance and study leave.
7.7 Higher Duties
Higher duties payments shall apply where an employee has agreed with management to
relieve a position of higher classification for a one-time only accumulated period of five
working days. When an employee has relieved a position of higher classification for two
days or more following the accumulation period, an allowance equal to the difference
between the employee’s ordinary rate of pay and that of the minimum rate of the higher
classified position shall be paid for the period of higher duties worked.
.
An employee who agrees to carry out only part of the duties of a higher classified position
or who is unable to carry out all such duties because of lack of qualifications, shall be paid
a proportion of the higher duties allowance otherwise payable under this Clause as
determined by South East Water.
7.8 Travel
By agreement employees may be transferred to another position to meet short-term
business requirements. This arrangement shall consider and address the individual’s
personal and domestic needs including family care and any inconveniences that would be
incurred by the transfer.
7.8.1 Temporary travel
Where an employee, other than a field based employee, is temporarily required to work at
a place other than their usual place of work, the employee shall receive a travel allowance
for the extra distance travelled for the period of the temporary assignment at the cents per
kilometre rate specified in Clause 18.3(b) of the Award, or incremental public transport
costs, subject to the following:
(a) an employee with excess travel less than 15 km (each way) is not entitled to
reimbursement; and
(b) where South East Water provides a vehicle to commute to and from the
employee’s home and work place no allowance shall be payable.
7.8.2 Permanent relocation
Where a permanent employee is required to permanently travel to a new work location,
they will be paid a travel allowance for three months only in compensation for relocating
that is not otherwise provided for in this Agreement.
This permanent relocation allowance shall be the same as temporary travel allowance
and shall be paid for up to a maximum of three months, as described in this Clause.
Where South East Water provides a vehicle to commute to and from the employee’s
home and work place, no allowance shall be payable.
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7.8.3 Travelling Expenses
South East Water shall reimburse all reasonable travelling expenses incurred by a
permanent employee in the proper discharge of their duties.
An employee who on any day or from day to day is temporarily required to work at a place
other than their usual place of work shall present themselves for work at the place
designated at the required starting time and shall be reimbursed for reasonable excess
travelling costs expended. Where an employee is being relocated, on either a temporary
or permanent basis, Clause 7.8 will apply.
7.9 Salary Increases
The base salaries set out in Table 1 of Appendix A: will increase during the life of the
Agreement in accordance with Appendix A: Table 3.
During the operation of this Agreement the parties will make no extra claims. This
Agreement covers all matters or claims relating to the employment of employees that
could otherwise be the subject of protected actions pursuant to Part 3-3 of the FWA.
7.10 Salary Increment Progression
Each of the levels 1–5 in South East Water’s Job family classification structure has a
number of steps/salary increments which are set out in Appendix A:.
For employees who are professional engineers and scientists, as defined in Appendix D,
salary increment progression is set out in Appendix D: The relevant classification levels
set out in Appendix D align with the rates in Appendix A: Table 1.
Employees can progress through the steps/salary increments within a level in accordance
with South East Water’s policies and procedures. Such progression will be based on an
employee’s performance in their role.
The review process will generally be conducted on or around the anniversary date of an
employee’s commencement with South East Water. However, it can be initiated at other
times by either the employee or their People Leader.
7.10.1 Progression from Level 1 to Level 2
• Employees can also progress from Level 1 to Level 2 in accordance with South
East Water’s policies and procedures. Such progression will be based on an
employee’s performance in the role.
7.10.2 Progression between Levels 2, 3, 4 and 5
• Any movement of employees between levels 2, 3, 4 and 5 will be based on an
evaluation of the requirements of an employee’s role and/or changes to the role
conducted by People and Safety. Such progression is not based on an
employee’s performance within their role.
7.11 Supported Wage System
This Clause defines the conditions which will apply to employees who because of the
effects of a disability are eligible for a supported wage under the terms of this Agreement.
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In this Clause:
(a) ‘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;
(b) ‘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;
(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), as amended from time to time, or any successor to that
scheme;
(d) ‘relevant minimum wage’ means the minimum wage prescribed in this
Agreement for the class of work for which an employee is engaged;
(e) ‘supported wage system (SWS)’ means the Commonwealth Government
system to promote employment for people who cannot work at full award wages
because of a disability, as documented in the Supported Wage System
Handbook. The Handbook is available from the following website:
www.jobaccess.gov.au; and
(f) ‘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.
7.11.2 Eligibility criteria
Employees covered by the SWS wage assessment agreement will be those who:
(a) 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
(b) meet the impairment criteria for receipt of a disability support pension.
This Clause does not apply to any existing employee who has a claim against South East
Water which is subject to the provisions of workers compensation legislation or any
provision of this Agreement relating to the rehabilitation of employees who are injured in
the course of their employment.
7.11.3 Supported wage rates
Employees to whom this Clause applies will be paid the applicable percentage of the
minimum rate of pay prescribed by this Agreement for the class of work which the person
is performing according to the following table:
Assessed capacity
%
Relevant minimum wage
%
10 10
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20 20
30 30
40 40
50 50
60 60
70 70
80 80
90 90
The minimum amount payable must be not less than the amount stated in the Award in
Schedule E.4.2.
Where an employee’s assessed capacity is 10%, they must receive a high degree of
assistance and support.
7.11.4 Assessment of capacity
For the purpose of establishing the percentage of the relevant amount payable under this
Agreement, the productive capacity of the employee will be assessed in accordance with
the SWS by an approved assessor, having consulted with South East Water and
employee and, if the employee so desires, a union which the employee is eligible to join.
All assessments made under this Clause must be documented in an SWS wage
assessment agreement and retained by South East Water as a time and wages record in
accordance with the relevant legislation.
7.11.5 Lodgement of SWS wage assessment agreement
All SWS wage assessment agreements under the conditions of this Clause, including the
appropriate percentage of the relevant amount payable under this Agreement to be paid
to the employee, must be lodged by South East Water with the FWC.
All SWS wage assessment agreements must be agreed and signed by the employee and
South East Water parties to the assessment. Where a union which has an interest in the
Agreement is not a party to the assessment, the assessment will be referred by the FWC
to the union by certified mail and the agreement will take effect unless an objection is
notified to the FWC within 10 working days.
7.11.6 Review of assessment
The assessment of the applicable percentage should be subject to annual or more
frequent review on the basis of a reasonable request for such a review. The process of
review must be in accordance with the procedures for assessing capacity under the SWS.
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7.11.7 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the
relevant amount payable under this Agreement. Employees covered by the provisions of
this Clause will be entitled to the same terms and conditions of employment as other
workers covered by this Agreement on a pro rata basis.
7.11.8 Workplace adjustment
Where South East Water employs a person under the provisions of this Clause 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 workers in the area.
7.11.9 Trial period
In order for an adequate assessment of the employee’s capacity to be made, South East
Water may employ a person under the provisions of this Clause for a trial period not
exceeding 12 weeks, except that in some cases additional work adjustment time (not
exceeding four weeks) may be needed.
During that trial period the assessment of capacity will be undertaken and the percentage
of the relevant amount payable under this Agreement for a continuing employment
relationship will be determined.
The minimum amount payable to the employee during the trial period must be no less
than the amount specified in the Award Schedule E.10.3 (or its successors).
Work trials should include induction or training as appropriate to the job being trialled.
Where South East Water and the employee wish to establish a continuing employment
relationship following the completion of the trial period, a further contract of employment
will be entered into based on the outcome of assessment.
7.12 Payment of Wages/Salaries
All wages/salaries shall be paid fortnightly into a bank/building society/credit union
account nominated by the employee.
South East Water will endeavour to pay employees on the same day of each fortnight
except where such days fall on a public holiday in which case payment shall be made on
the previous working day.
An employee going on a period of paid leave of a minimum of five working days, shall on
request and giving four weeks’ notice to South East Water, receive advance payment for
those days which fall within the approved leave period.
At the time of payment each employee shall be provided in writing with details regarding
the make-up of such payment and deductions there from.
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8. Accident Pay
8.1 Payment and Conditions of Accident Make-up Pay
South East Water shall pay an employee accident make-up pay where the employee
receives an injury for which weekly payments of compensation are payable by or on
behalf of South East Water pursuant to the provisions of the Workplace Injury
Rehabilitation and Compensation Act 2013 (Vic) as amended from time to time.
Accident make-up pay means a payment of an amount being the difference between the
weekly amount of compensation paid to the employee pursuant to the Workplace Injury
Rehabilitation and Compensation Act 2013 (Vic) and the employee’s ordinary rate of pay
as defined in the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), or
where the incapacity is for a lesser period than one week the difference between the
amount of such compensation and the rate of pay for that period.
South East Water shall pay or cause to be paid make-up pay during the incapacity of the
employee within the meaning of the Workplace Injury Rehabilitation and Compensation
Act 2013 (Vic). Such payment shall not be paid:
(a) in excess of a continuous period of 52 weeks;
(b) in excess of an aggregate period of 52 weeks in respect of a particular injury or
incapacity, without the approval of South East Water.
At the expiration of 52 weeks on accident make-up pay, an employee who is in receipt of
a weekly amount pursuant to the Workplace Injury Rehabilitation and Compensation Act
2013 (Vic) may use accrued sick leave entitlements to make up the difference between
such payments and their ordinary rate of pay as defined in the Workplace Injury
Rehabilitation and Compensation Act 2013 (Vic).
This provision shall not apply where WorkCover payments have been reduced in
accordance with the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).
The liability of South East Water to pay make-up pay in accordance with this Clause shall
arise as at the date of the injury or accident in respect of which compensation is payable.
The termination of the employee’s employment for any reason during the period of any
incapacity shall in no way affect the liability of South East Water to pay make-up pay as
provided in this Clause.
In the event that the employee receives a lump sum payment in lieu of weekly payments
under relevant legislation, the liability of South East Water to pay make-up pay in relation
to that injury shall cease from the date of such lump sum payment.
The employee may repay to South East Water any payments made in settlement of a
claim for civil damages in connection with the injury to the extent that the judgment or
settlement specifically compensates the injured employee for make-up payments made
under this Clause.
Where an employee is off duty as a result of an injury or accident for which South East
Water is liable for make-up pay under this Clause, such an employee shall be entitled to
return to duty on alternate duties should the employee’s treating medical practitioner so
recommend for the purposes of rehabilitation and provided suitable work is available
without prejudice to other employees.
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For an injury incurred prior to the proclamation of the Workplace Injury Rehabilitation and
Compensation Act 2013 (Vic), reference to that Act shall be deemed to be reference to
the Accident Compensation Act 1985 (Vic) or Workers Compensation Act 1985 (Vic) as in
force from time to time.
References to the Victorian Accident Compensation Act 1985 shall be deemed to also be
references to any superseding legislation.
9. Expenses and Allowances
Future increases to allowances will be in line with agreed Agreement increases each year
from the dates specified in Appendix A:, Table 1 of this Agreement.
9.1 Sewage Contact Allowance
An employee, when required to physically perform work which involves standing in or
directly handling live sewage whilst engaged in the repair, maintenance or cleansing of, or
removal of obstructions from, South East Water’s sewers, wet wells and associated plant
and/or mechanical operation and dislodging of open primary sedimentation tanks,
digesters, anaerobic lagoons and associated works which is of an unusually offensive
nature and involves direct contact with wet sludge or sewage for a total of one hour per
day or shift shall receive an allowance with a minimum payment as for four hours. This
allowance shall not be payable to employees involved in the distribution of sewage or
effluent from channels or treatment works and at and about sewage treatment works.
Where an employee is recalled to work, including on a Saturday, Sunday or public
holiday, such employee shall be paid an hourly allowance whilst engaged in the duties as
defined above, provided that this subclause shall not apply to overtime or callout which is
continuous to the employee’s ordinary hours of work.
9.2 First Aid and Mental Health First Aid Allowance
Where an employee who holds a relevant qualification (Level 2 First Aid) or has
completed the agreed training for the provision of mental health first aid in the workplace
and is appointed by South East Water to fulfil the role of a First Aid or Mental Health First
Aid Representative, the employee will be paid a first aid allowance as prescribed in
Table 2 in Appendix A: for each day the employee is required to be available to perform
such duties. South East Water will ensure adequate coverage in required areas of the
business and the provision of appropriate training.
An employee appointed as the First Aid and Mental Health First Aid Representative does
not receive the allowance twice.
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Part 6 – Hours of Work, Breaks and Overtime
10. Hours of Work, Breaks and Overtime
10.1 Hours of Work
Ordinary work hours shall average 38 hours per week over the planned work period of up
to four weeks subject to requirements.
Employees will work either of the following ordinary hours of work:
(a) 38-hour week arrangement: under this arrangement employees will work 38 hours
per week averaged over four weeks and will accrue flexible time off in accordance
with Clause 6.8. Employees who work a 38-hour week arrangement are
remunerated under a 38-hour salary arrangement or annualised salary
arrangement in accordance with Clause 7.4; or
(b) 40-hours week arrangement: under this arrangement, employees agree to work
40 hours per week (i.e. 38 ordinary hours of work and 2 reasonable additional
hours per week). Employees working under this arrangement are remunerated for
40 hours per week under the 40 hour week salary arrangement or annualised
salary arrangement in accordance with Clause 7.4.Employees The ordinary
spread of hours is 7.00 am - 7.00 pm Monday to Friday. Outside these hours
penalty rates will apply as per this Agreement.
Planned work arrangements will be developed by mutual agreement between the affected
employees and their People Leader designed to meet operational requirements and
performance productivity targets and shall have regard to the employee’s work life
balance.
Employees who consider the planned work arrangements to be unreasonable will have
the right to have their concerns heard.
The maximum number of ordinary hour work days is 10 in any 14 days and may, by
agreement, include any of the seven days of the week. The maximum number of ordinary
hours of work in any one workday is 10 hours, or 12 hours by agreement.
Rest periods for employees are dealt with in various places in the Agreement. With
respect to shiftwork, rest periods are dealt with in Clause 10.3. With respect to overtime,
rest periods are dealt with in Clause 10.8.
10.2 Rosters
Roster means a statement of starting and finishing times of work shifts.
Rosters shall not be changed without the affected employees receiving four weeks’ notice
provided that by agreement a roster may be changed at shorter notice.
A roster arrangement will be offered to call centre staff in the Customer Contact Centre,
who will be rostered for a minimum of five hours per shift, 20 shifts per four week cycle.
One of the weeks in the four week cycle will comprise of a four day week.
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10.3 Shiftwork
10.3.1 Definitions
(a) Afternoon shift is any shift finishing after 7:00 pm and at or before midnight.
(b) Night shift in relation to employees other than STU employees is any shift
finishing after midnight and on or before 7:00 am.
(c) Night shift in relation to an STU employee is defined as ‘any shift finishing after
midnight and at or before 8:00 am’.
(d) Saturday shift is any shift beginning at or after midnight on Friday and finishing at
or before midnight on Saturday.
(e) Sunday shift is any shift beginning at or after midnight on Saturday and finishing
at or before midnight on Sunday.
(f) For the purposes of attracting leave in accordance with Clauses 11.3 and 12.3 a
shiftworker means a full time continuous seven day shiftworker who is rostered to
work regularly on Sundays and public holidays.
10.3.2 Weekend/Public Holiday Shift
Where shifts fall partly on a Saturday, Sunday or a public holiday that shift, the major
portion of which falls on a Saturday, Sunday or a public holiday shall be regarded as the
Saturday, Sunday or public holiday shift.
10.3.3 Shift Loadings
An employee on an afternoon shift shall receive a 15% loading on top of their base salary
for the entire shift.
An employee on night shift shall receive a 30% loading on top of their base salary for the
entire shift.
An employee on Saturday shift shall receive a 50% loading on top of their base salary for
the entire shift.
An employee on Sunday shift shall receive a 100% loading on top of their base salary for
the entire shift.
An employee working on a Public Holiday shall receive 150% loading on top of their base
salary for the entire shift.
Shift loadings shall not be included for the purposes of calculating overtime.
A shiftworker working a 38-hour week arrangement who has already worked 38 hours per
week averaged over one complete cycle of a roster shall, for any additional approved
hours worked, be entitled to overtime rates applied to their base salary as per Clause
10.5 of this Agreement.
Shiftworker STU employees who work four or more additional hours following any three
hour minimum shift or seven or more additional hours in a week of three hour minimum
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shifts will be entitled to overtime for the additional hours worked at the rate of time and a
half for the first two hours and double time thereafter.
Shiftworker STU employees who work several additional hours in excess of 10 hours in
any shift or 16 additional hours in excess of 38 hours in any week, between Monday to
Friday, will be entitled to overtime at the rate of time and a half for the first two hours and
double time thereafter.
10.3.4 Roster of shiftwork
There will be a roster of shifts for shiftworkers which shall:
(a) provide for rotation unless South East Water and all the employees affected
desire otherwise;
(b) provide for not more than eight shifts to be worked in any nine consecutive days.
Notwithstanding the provisions of this Clause, agreements to work shiftwork existing at
the time of the coming into force of this provision may continue to operate.
An employee’s shiftwork roster may be changed provided that:
(a) the employee is given 72 hours’ notice (prior to commencing time of the altered
shift) of such a change;
(b) if the notice of such change is less than 72 hours, the employee is paid the rate of
double time for all time worked on the altered shifts from the notice of the change
until 72 hours after the time of such notice.
Subject to operational requirements, South East Water may implement 12 hour shifts for
shiftworkers, as part of a two shift, 24 hour continuous roster but an employee must not
be rostered for more than five 12 hour shifts in any nine day period.
10.3.5 Rest period after shiftwork
Wherever reasonably practicable, rosters of shifts for shiftworkers will be arranged so that
an employee has at least 10 consecutive hours off duty between the work on successive
days or shifts.
10.3.6 Transport after shiftwork
When a shiftworker not in receipt of the travelling expenses, after having worked a shift
for which the employee has not been regularly rostered, finishes work at a time when
reasonable means of transport are not available, South East Water will provide transport
home. Provided, however, that this provision does not apply when the employee has
been notified, at least on the day prior, of the requirement to work the shift.
10.3.7 Loadings while on shiftwork
Whilst working shiftwork, shift loadings shall apply to annual leave and paid sick leave, as
if the employee was continuing with the normal shift roster.
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10.4 Availability Duty
An employee shall undertake availability duty as directed which shall, as far as
practicable, be rostered among all the employees of a particular work group.
Availability duty means that an employee will be continuously available outside normal
working hours for immediate recall to work.
10.4.1 Availability allowance
An employee required to be continuously available outside ordinary hours of work for
immediate recall to work shall be paid an availability allowance calculated as 16 hours
pay at the ordinary rate of pay prescribed for the classification of Level 1.4 for each week
the employee is available as directed.
Unless otherwise agreed, where an employee is required to perform availability duty for
less than a full week, pro rata payment shall be made on the basis of one hour for each
day the employee makes themselves available Monday to Friday, five hours for Saturday
and six hours for Sunday.
10.4.2 Remote Response on Availability Duty
An employee undertaking availability duty who is required to remotely respond to work,
shall be paid for a minimum of 15 minutes work, or actual time worked if greater than 15
minutes, for each call at the applicable overtime rate.
10.5 Recall on availability duty
10.5.1 Weekend work
An employee who is in receipt of the availability allowance, who is recalled to work on a
Saturday or Sunday, shall be paid for a minimum of one hour of work for each recall and
in such circumstances time reasonably spent getting to and from work shall be regarded
as time worked for the purposes of this Clause.
10.6 Call-Back (not on availability duty)
10.6.1 Monday to Friday work
Where an employee, who is not in receipt of availability allowance, is called back to work:
(a) the employee will be entitled to overtime or time in lieu on an hour for hour basis
with a minimum payment of two hours;
(b) any subsequent call backs within a 24 hour period shall accrue overtime or time in
lieu at the rate of a minimum of one hour per call back.
10.6.2 Weekend work
An employee, other than an employee in receipt of the availability allowance prescribed in
Clause 10.4 of this Agreement who works overtime on a Saturday or on a Sunday shall
be afforded at least three hours work or shall be paid for three hours at the appropriate
overtime rate for the first call and a minimum payment of one hour for any subsequent
call.
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10.6.3 Shiftworkers
A shiftworker called back to work after the expiration of their ordinary hours of work and
after leaving work, or called back to work on a day on which the employee is rostered off,
shall be paid for a minimum of three hours work calculated at double the ordinary rate of
pay for each time called back. Provided, however, that if called back on a public holiday,
payment shall be calculated at the rate of double time and a half.
10.6.4 Public holiday
An employee required to undertake availability duty on a public holiday shall:
(a) if required to work during ordinary hours of work on such holiday, be paid for a
minimum of eight hours at the rate of two and one half times the ordinary rate of
pay; or
(b) if not required to work during ordinary hours of work on such holiday, be granted
one days’ leave to be taken either at a time agreed between the employee and
South East Water or to be added to annual leave.
If the employee is called out to work outside their ordinary hours of work on a public
holiday the employee shall be paid for a minimum of one hours’ work for each recall and
in such circumstances time reasonably spent getting to and from work shall be regarded
as time worked for the purposes of this subclause.
An employee, other than an employee in receipt of the availability allowance, required to
work on a public holiday shall be afforded at least three hours’ work or paid for three
hours at the rate of double time and a half for the first call and a minimum of one hour for
any subsequent call.
10.7 Overtime
10.7.1 Requirement to Work Reasonable Overtime.
South East Water may require an employee to work reasonable overtime at overtime
rates.
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:
(a) any risk to employee health and safety;
(b) the employee’s personal circumstances including any family responsibilities;
(c) the needs of the workplace or enterprise;
(d) the notice (if any) given by South East Water of the overtime and by the employee
of their intention to refuse it; or
(e) any other relevant matter.
10.7.2 Calculation of Overtime
For the purpose of calculating overtime under this Clause:
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(a) overtime shall be based on the ordinary rate of pay that the employee is receiving
at the time the overtime is worked and shall be calculated to the nearest quarter
of an hour;
(b) each day's work shall stand alone except where overtime is continuous with the
previous day; and
(c) a day shall mean all the time between midnight on any one day and midnight on
the succeeding day.
All approved overtime worked in excess of or outside the spread of the ordinary hours of
work as prescribed in Clause 10.1 of this Agreement on a Monday to Friday shall be paid
for at the rate of time and a half for the first 20 hours per fortnight and double time
thereafter. Such double time shall continue until the completion of the overtime work.
This Clause 10.7 applies separately to Clause 10.5.
10.7.3 Weekend Work
All approved overtime worked on a Saturday shall be paid for at the rate of time and a half
for the first two hours and double time thereafter.
All approved overtime worked on a Sunday shall be paid for at the rate of double time.
10.7.4 Overtime - Part-Time Employees
Work performed in excess of the fixed number of working hours of a part-time employee
shall be at the ordinary hourly rate.
Provided, however, that a part-time employee shall be entitled to overtime for work
performed outside the ordinary hours of work as determined in accordance with Clause
10.1 of this Agreement.
Part-time STU employees with 32 or less agreed weekly hours who actually work up to 38
hours in any week and who have not varied their hours by agreement in accordance with
Clause 6.2 will be entitled to overtime for any additional hours worked within the spread of
hours in Clause 10.1, at the rate of time and a half for the first two hours and double time
thereafter.
10.7.5 Overtime - Level 1.1 employees
Part-time Level 1.1 employees with 21 or less agreed weekly hours who actually work up
to 38 hours in any week and who have not varied their hours by agreement in accordance
with Clause 6.2 will be entitled to overtime for any additional hours worked within the
spread of hours in Clause 10.1, at the rate of time and a half for the first two hours and
double time thereafter.
10.7.6 Payment for Work on a Public Holiday
All approved overtime worked on a public holiday by an employee (including Casual
Employees) shall be paid for at the rate of double time and one half of the base hourly
rate.
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Overtime is calculated and paid on the base rate not the loaded rate.
No Casual Loading shall apply to the overtime payments.
An employee, other than an employee in receipt of the availability allowance, required to
work on a public holiday shall be afforded at least three hours’ work or paid for three
hours at the rate of double time and one half for the first call and a minimum of one hour
for any subsequent call.
An employee who, on a public holiday, works normal daily hours and is entitled to
payment for overtime for working on that day, shall by agreement between the employee
and South East Water be granted equivalent time off duty in ordinary hours of work
without loss of pay and be paid an amount equal to the overtime penalty in excess of
ordinary time.
Provided, however, that such equivalent time off shall be taken in accordance with South
East Water's policies.
10.7.7 Rest Period after Overtime
When overtime work is necessary it shall, wherever reasonably practicable, be arranged
so that employees have at least 10 consecutive hours off duty between the work of
successive days.
An employee who works excess overtime so that the employee has not had at least
10 consecutive hours off duty:
(a) between the termination of ordinary hours of work on one day and the
commencement of ordinary hours of work on the next day;
(b) between 4:00 pm on a Sunday, public holiday or rostered day off and the
commencement of ordinary work on the next day,
shall, subject to this subclause, be released after completion of such overtime
until the employee has had 10 consecutive hours off duty without loss of pay for
ordinary hours of work occurring during such absence.
If directed by South East Water, an employee resumes or continues to work without
having 10 consecutive hours off duty, the employee shall be paid at the rate of double
time until released from duty for such period until the employee has had 10 consecutive
hours off duty without loss of pay for ordinary hours of work occurring during such
absence.
By agreement between South East Water and an employee, the 10 hour break provided
for in this Clause may be reduced to a period of no less than eight hours.
The provisions of this subclause shall apply in the case of shiftworkers as if eight hours
were substituted for 10 hours when overtime is worked:
(a) for the purpose of changing shift rosters;
(b) where a shiftworker does not report for duty and a day worker or shiftworker is
required to replace such shiftworker; or
(c) where a shift is worked by arrangement between the employees themselves.
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The provisions of this subclause shall apply in the case of employees in receipt of the
availability allowance as if eight hours were substituted for 10 hours when overtime is
worked.
Any period of actual overtime worked of less than three hours shall not be taken into
account for the purpose of this subclause, except in the case of an employee on
availability duty who has been disturbed regularly throughout the period of being on duty
and is fatigued.
10.7.8 Transport of employees
When an employee, not entitled to reimbursement of travelling expenses, after having
worked approved overtime, finishes work at a time when reasonable means of transport
are not available, South East Water will provide transport home, provided that this
provision does not apply when the employee has been notified, at least one day prior of
the requirement to work overtime.
10.7.9 Time in lieu
By agreement in writing, South East Water and an employee may agree to the
employee taking time in lieu instead of being paid for a particular amount of
overtime that has been worked by the employee.
The period of time in lieu that an employee is entitled to take is the same as the number
of overtime hours worked.
Time in lieu must be taken:
(a) within four weeks of the overtime worked; and
(b) at a time agreed by the employee and South East Water.
If time in lieu is not taken within four weeks, South East Water will pay the employee for
the overtime in the next pay period following those four weeks, at the overtime rate
applicable to the overtime when worked.
If the employee requests at any time, to be paid for overtime covered by this clause, but
not taken as time in lieu, South East Water will pay the employee for the overtime in the
next pay period following the request, at the overtime rate applicable to the overtime
when worked.
All accrued but untaken time in lieu will be paid on termination.
10.8 Tea Breaks, Meal Breaks and Allowances
In accordance with South East Water’s professional approach to work, employee’s will
generally be given continuous access to tea/coffee making facilities, to enable these
refreshments to be taken without interruption to normal workflow.
Where an employee is away from their usual place of work and performing work duties
such that these tea/coffee facilities are unavailable, employees may take a 15 minute
tea/coffee break during the morning work hours.
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10.8.1 Meal Break
A meal break of not less than 30 minutes unpaid shall be taken in accordance with the
ordinary hours of work as prescribed in Clause 10.1 of this Agreement.
An employee shall not be required to work for more than five hours continuously without a
meal break.
10.8.2 Meal breaks and allowances on overtime
For the purpose of this subclause ‘meal break’ means an unpaid period of not less than
20 minutes and not more than 60 minutes as directed by South East Water.
Weekdays: An employee required to continue duty beyond the normal finishing time for at
least one and a half hours shall be granted a meal break and paid a meal allowance. After
completion of each additional five continuous hours of overtime, an additional meal break
shall be given and taken for which a subsequent meal allowance shall be paid, provided
the employee is required to work beyond each respective fifth hour.
Saturdays, Sundays and public holidays: After completion of each five continuous hours
of such overtime, calculated from the end of the previous meal entitlement, an additional
meal break shall be given and taken for which a subsequent meal allowance shall be
paid, provided the employee is required to work beyond each respective fifth hour.
Where an employee is recalled to duty, either on a Saturday, Sunday or public holiday
without having been given notice prior to or on the preceding day, or on any other day
whether or not notice has been given, the employee shall be entitled to:
(a) a meal break:
(i) either after three hours of continuous work where that period includes the
hour between 6:30 pm and 7:30 pm; or
(ii) after five hours’ continuous work in any other case, provided the employee
is required to work beyond the fifth hour;
(b) additional meal breaks at five hourly intervals calculated from the end of the
previous meal entitlement, provided the employee is required to work beyond
each respective fifth hour.
10.8.3 Meal Allowance when working Overtime
When an employee is entitled to a meal break under Clause 10.8.2, South East Water
shall pay meal allowances provided for in Appendix A: Table 2 of this Agreement.
A meal allowance shall not be payable where South East Water provides or offers to
provide a free meal.
10.9 Breast Feeding
South East Water recognises the rights of employees who are breast feeding and will
provide appropriate arrangements including facilities and reasonable breaks to allow for
feeding and/or expressing.
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Part 7 – Leave of Absence and Public Holidays
11. Public Holidays
11.1 General Entitlement
An employee shall be entitled to the following holidays without loss of pay:
(a) 1 January (New Year's Day);
(b) 26 January (Australia Day);
(c) the second Monday in March (Labour Day);
(d) Good Friday;
(e) Easter Saturday;
(f) Easter Monday;
(g) 25 April (Anzac Day);
(h) the second Monday in June (King's Birthday);
(i) the Friday before the Australian Football League Grand Final;
(j) the first Tuesday in November (Melbourne Cup Day);
(k) 25 December (Christmas Day); and
(l) 26 December (Boxing Day).
11.2 Special Arrangements
When Christmas Day (25 December) is a Saturday an additional holiday shall be
observed on the next Monday.
When Christmas Day (25 December) is on a Sunday, an additional holiday shall be
observed on the next Tuesday.
When Boxing Day is on a Saturday an additional holiday shall be observed the next
Monday.
When Boxing Day is on a Sunday an additional holiday shall be observed the next
Tuesday.
When New Year's Day is a Saturday or a Sunday, an additional holiday shall be observed
on the next Monday.
When Australia Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed
on the next Monday.
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Where public holidays are declared or prescribed on days other than those set out in
Clause 11.1 of this Agreement, throughout the whole of the State of Victoria or in a
locality, those days shall constitute additional holidays for the purpose of this Agreement.
11.3 Substitute Days
South East Water and an employee may agree to substitute a public holiday as provided
in Clause 11.1 or 11.2 with an alternative day if it falls on their normal rostered working
days.
An agreement made under this Clause shall be recorded in writing and be available to the
affected employee.
An employee required to work when on availability duty on a public holiday shall be paid
in accordance with the provisions of Clause 10.4 and 10.5 of this Agreement.
An employee on seven day shiftwork or an employee whose ordinary daily hours of duty
are rostered to be performed on any of the days of the week and who is rostered off on
any of the abovementioned holidays shall, at their discretion, either:
(a) be paid an additional day's pay at the ordinary rate of pay; or
(b) be credited with a day's leave in lieu thereof, to be taken at a mutually convenient
time.
12. Annual Leave
12.1 Calculation of Service
In calculating service for the purpose of this Clause:
(a) all periods of paid leave, including public holidays, shall be counted as service;
(b) no periods of unpaid leave shall count as service, other than periods of unpaid
leave:
(i) of less than 12 months for which compensation is payable under the
applicable legislation relating to accident compensation; and
(ii) which are recognised as service in accordance with the FWA.
12.2 Period of Leave
Full time employees shall be entitled to a period of four weeks leave annually (inclusive of
the period in which accrued annual leave is to be taken).
An employee’s annual leave entitlement accrues progressively throughout the year in
accordance with section 87(2) of the FWA.
Such leave shall be exclusive of public holidays prescribed by this Agreement.
Part-time employees shall be entitled to annual leave on a pro rata basis.
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12.3 Additional Leave for Regular Shiftworkers
In addition to the leave prescribed in Clause 12.2 of this Agreement, seven day
shiftworkers who are rostered to work regularly on Sundays and public holidays shall be
entitled to an additional week’s leave.
For the purposes of the additional week of annual leave provided for in the NES, a
shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and
public holidays.
An employee’s entitlement to paid annual leave accrues progressively during a year of
service according to the employee’s ordinary hours of work, and accumulates from year
to year.
Part-time shiftworkers shall be entitled to additional leave on a pro rata basis.
12.4 Taking of Annual Leave
Entitlements may be taken in minimum periods of a half day. Provided that up to two days
annual leave per annum may be taken in minimum periods of two hours. The taking of
Annual Leave may be varied via mutual agreement between the employee and their
People Leader, or the relevant South East Water Manager where there are exceptional
circumstancesAnnual leave shall be approved in accordance with the provisions of this
Clause. Annual leave is to be taken at a time which is convenient to the needs of South
East Water but and, as far as is practicable, the wishes of the employee shall be
considered when fixing the time for taking of leave.
Where an employee has been refused an application for leave on these grounds an
alternative time for the taking of leave shall be agreed between South East Water and the
employee and such agreed alternative time shall not be changed, except at the request of
the employee.
Where the employee has a balance of more than eight weeks' annual leave, South East
Water may direct the employee to take up to two weeks or such greater amount of annual
leave as may be required to reduce the employee's annual leave balance to less than
eight weeks at a time agreed by the employee and their People Leader.
12.5 Pay where Annual Leave not Taken
An employee entitled to annual leave who resigns or whose services are terminated, shall
be entitled to be paid their ordinary pay for any portion of annual leave not taken at the
date of resignation or termination.
An employee who resigns or whose services are terminated prior to completing any one
year of service shall be entitled to be paid an amount equivalent to ordinary pay for a
period calculated on the basis of 4/52 of the period of service, in respect of the incomplete
year of service.
12.6 Leave in Advance
South East Water may grant annual leave to an employee prior to the employee having
accrued such leave.
South East Water shall not be liable to make any payment to the employee under Clause
12.2 of this Agreement and shall be entitled to obtain from the employee a refund of an
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amount for any annual leave taken in excess of the leave accrued at the date of
resignation/termination, where an employee has taken annual leave in advance and:
(a) resigns or their services are terminated before completing the year of service to
which the leave was applicable; and/or
(b) the leave taken in advance exceeds the period calculated under Clause 12.2 of
this Agreement.
12.7 Annual Closedown
Where South East Water elects to close down a section or sections of its operations
during the Christmas/New Year period employee, the following provisions shall apply:
(a) South East Water shall notify in writing all employees within the impacted section
of its intention to close down their area of work by 30 September of that year;
(b) such notification shall specify the actual dates of closedown;
(c) employees who do not have an entitlement to annual leave at that time shall be
granted proportionate paid annual leave in advance, leave without pay or the
ability to accumulate rostered days off under an accrual hours system.
12.8 Leave Payment
Subject to Clause 7.12 of this Agreement, prior to going on leave, if the employee
requests, before going on leave the employee shall be paid in advance the wages/salary
which would ordinarily be payable during the period of the leave.
Annual leave loading has been incorporated in the salary rates specified in this
Agreement and are not separately payable.
12.9 Cashing out annual leave
Employees may agree with South East Water, in writing, to cash out a period of their
accrued annual leave. The following provisions will apply:
(a) cashing out such leave would not result in the employee's remaining accrued
entitlement being less than four weeks; and
(b) the buyout will be conditional on taking a minimum of one weeks’ annual leave
concurrently with the buyout.
The obligation to take a minimum of one week’s annual leave may be varied via mutual
agreement with an employee’s People Leader, or the relevant South East Water manager
where there are exceptional circumstances.
12.10 Purchased Leave
48/52 is a work arrangement where full-time and part-time employees (other than
employees on Maximum Term Contracts) may apply for an additional four weeks’ leave
within a 12 month period by reducing their annual salary by the equivalent of four weeks’
pay. This reduced salary is then paid over 52 weeks.
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(a) The 48/52 work arrangement runs for a period of 12 months, commencing on
either 1 January or 1 July each year.
(b) Approved applications must be received by People and Safety by 1 December or
1 June.
(c) Approval will only be given to employees who have up to or less than four weeks’
leave accrued.
(d) Approval for 48/52 work arrangements will be subject to the operational needs
and requirements of the work unit.
(e) All of the eight weeks’ leave (four weeks’ annual leave plus four weeks’ additional
leave) must be taken within a 12 month period.
(f) Applications for eight weeks’ leave must be made at the time of applying for
48/52.
(g) The 48/52 work arrangement is not ongoing; employees must reapply each year.
(h) An employee’s annual salary will be adjusted by reducing the equivalent of four
weeks’ pay.
(i) All leave taken within the 12-month period will be paid at the 48/52 rate,
regardless of when it was accrued (includes personal leave, parental leave, long
service leave, annual leave).
(j) The 48/52 work arrangement provides for only 11 rostered days off per year if
applicable.
(k) Superannuation contributions will be based on the 48/52 salary.
(l) Employees are responsible for seeking their own advice on the financial impacts
of a 48/52 arrangement.
(m) Employees on the 48/52 work arrangement who leave the organisation will have
an adjustment made to their termination/final payment to ensure they are not
advantaged or disadvantaged.
(n) Employees who move to another branch or position within the organisation where
the 48/52 work arrangement does not satisfy operational needs of the work unit
will receive an adjustment to convert to 52/52.
48/52 is not the only work arrangement available to increase leave by reducing salary.
Other patterns could be 49/52, 50/52 and 51/52. The same provisions above apply, but
on a pro-rata basis.
12.11 Sick Leave while on Annual Leave
In the event of an employee suffering personal illness or injury whilst on annual leave,
approval shall be given for annual leave to be re-credited to the employee's balance to
cover the period of incapacity provided that:
(a) an application for sick leave, supported by medical evidence satisfactory to South
East Water, is made by the employee; and
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(b) such incapacity is not the result of a compensable accident.
13. Other Leave
13.1 Definition of Family
13.1.1 Immediate family or household.
The entitlement to carer’s leave or compassionate leave is subject to the person in
respect of whom the leave is being taken being either:
(a) the employee;
(b) a member of the employee’s immediate family; or
(c) a member of the employee’s household.
The term immediate family includes:
(a) a spouse (including the employee’s former spouse, de facto partner (including the
employee’s form de facto partner), child, partner, 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.
In relation to Aboriginal or Torres Strait Islanders this definition includes kinship
structures.
The employee’s de facto partner means a person with whom the employee lives as a
couple on a bona fide domestic basis, although not legally married to the employee.
13.2 Personal Leave (Sick Leave and Carer’s Leave)
Amount of paid personal leave.
Paid personal leave shall be available to employees when they are absent from work:
(a) due to personal illness or injury for which they are not entitled to worker’s
compensation payments (sick leave);
(b) for the purposes of caring for:
(i) an immediate family or household member who is sick and requires the
employee’s care or support (carer’s leave); or
(ii) an Assistance Animal who requires the employee’s care or support
because they are ill/injured or are subject to an unexpected emergency
(carer’s leave); or
A full-time employee who is absent from work for reasons stated above is entitled to 15
days personal leave on full pay in each calendar year, provided however, that in the first
calendar year of service an employee appointed on or after 1 February will receive this
entitlement on a pro-rata basis. Part-time employees will be entitled to this leave on a pro
rata basis.
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Unused personal leave accrues from year to year.
13.2.2 Sick leave
A full-time employee is entitled to use up to 15 days of the current year’s personal leave
entitlement as sick leave, with pro rata entitlements in the first year.
An employee is entitled to use accumulated personal leave for the purposes of sick leave
where the current year’s sick leave entitlements have been exhausted.
13.2.3 Employee Notice
An employee who is prevented by illness or injury from attending work must, as soon as
practicable:
(a) notify, or arrange to have notified, South East Water of their absence according to
the procedures established in the work group so that arrangements can be made
to minimise the impact of the absence on business operations and ensure
customer service levels can be achieved; and
(b) indicate, as far as possible, the anticipated duration of the absence.
Where the absence extends beyond the initial period notified, the employee shall, prior to
the commencement of the extended period of absence, notify South East Water of the
amended anticipated duration of absence.
All employees absent on account of personal illness or injury shall on the first day of
resuming work make an application for sick leave for the period involved.
13.2.4 Evidence supporting claim for sick leave
If any period of sick leave extends beyond two days, a certificate or statutory declaration
shall be required to cover the total period of that absence. Certificates are accepted from
doctors, chiropractors, naturopaths, physiotherapists, dentists, osteopaths, optometrists,
pharmacists, nurses/midwives and psychologists. Certificates from chiropractors,
naturopaths, physiotherapists, osteopaths and optometrists shall be accepted for a
maximum of five days sick leave per annum in aggregate.
If in any calendar year, sick leave unsupported by a certificate exceeds a total of 7 days,
a certificate or statutory declaration shall be required to cover further periods of sick
leave.
Leave to attend for dental treatment shall, if supported by a dental appointment card, be
treated as if it were sick leave supported by a certificate.
If sick leave is taken the day before or after a weekend, a public holiday, a rostered day
off or any other absence, a certificate or statutory declaration must be produced.
If a public holiday occurs during any period of paid sick leave, such public holiday shall be
regarded as not being part of the leave and the employee shall be paid a public holiday if
it falls on a day they otherwise would have worked.
All applications for sick leave which occur during the prescribed period of notice of
termination of employment must be supported by a certificate or statutory declaration.
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In exceptional circumstances South East Water may request that the employee submit
themself for examination by South East Water’s medical officer or by a medical
practitioner nominated by South East Water.
If a People Leader at South East Water agrees that an employee needs to leave the
workplace due to being ill the employee will not be required to provide evidence of being
sick on that work day.
13.2.5 Long Term Illness and Injury
South East Water are committed to supporting employees experiencing long term illness
and injury. The provisions of this Clause apply to permanent employees.
Where an employee has exhausted their sick leave entitlements, the employee may have
access to additional sick leave without loss of pay to support them during periods of
genuine long term illness or injury.
The employee will have access to additional sick leave for a period of up to 90 days, at
which point the employee will be required to submit a claim with South East Water’s
salary continuance insurer if they are entitled to do so, where they are unable to attend
work as a result of a long term illness or injury.
The employee will be required to provide evidence from a registered medical practitioner
that confirms the employee is experiencing a long term illness or injury and the expected
date that they employee will be able to return to work.
All periods of additional sick leave are to be supported by a medical certificate from a
registered medical practitioner.
13.2.6 Carer’s leave
An employee with responsibilities in relation to either members of their immediate family
or members of their household who need their care and support or an Assistance Animal,
is entitled to use, in accordance with this sub-clause, any accrued personal leave
entitlement under Clause 132.1 for carer’s leave to provide care and support for such
persons or Assistance Animals when they are ill or who requires care due to an
unexpected emergency.
13.2.7 Evidence required
The employee shall, if required, establish by production of a medical certificate or
statutory declaration, the illness of the person concerned.When taking leave to care for
members of their immediate family or household or Assistance Animal, who require care
due to illness, injury or an unexpected emergency, the employee must, if required by
South East Water, establish by production of acceptable documentation that the illness,
injury or emergency resulted in the person or Assistance Animal concerned requiring care
by the employee.
In addition to any evidence required to be provided by an employee during a period of
carer’s leave, additional evidentiary requirements for an Assistance Animal may include:
(a) a medical certificate from a registered health practitioner;
(b) evidence from a registered veterinary practitioner; or
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(c) satisfactory evidence to support that the Assistance Animal meets the definition of
Assistance Animal in this Agreement. The form of evidence may include but is not
limited to an accreditation certificate, proof of training or a statutory declaration
stating the animal is an Assistance Animal.
13.2.8 Notice required
Notice must be given of the employee’s inability to attend for duty to South East Water as
soon as practicable.
South East Water must be informed of:
(a) the name of the person or description of the Assistance Animal requiring care and
support and their relationship to the employee;
(b) the reasons for taking such leave; and
(c) the estimated length of absence.
13.2.9 Unpaid leave for family purpose
An employee may elect, with the consent of South East Water, to take unpaid leave for
the purpose of providing care to a family member or Assistance Animal who is ill or
injured, where paid personal leave entitlements have been exhausted. South East Water
and the employee shall agree on the period. In the absence of agreement, the employee
is entitled to take two days (a maximum of 16 hours) per occasion, provided the
requirements for personal leave are met.
13.2.10 Duty of care for ill and injured employees
Where an employee is suffering from an illness for which compensation is payable or
from an injury sustained on the job, the employee shall be kept safely on site until the
employee:
(a) can be accompanied by a first aid officer and other employee/s as required to
their home or the nearest hospital; or
(b) is transported by an ambulance.
South East Water will cover all expenses incurred by moving the employee to home or
hospital.
13.3 Compassionate Leave
Employees are entitled to three days’ paid compassionate leave on each occasion when
a member of the employee’s immediate family or household as defined in Clause 13.1 of
this Agreement:
(a) contracts or develops a personal illness that poses a serious threat to their life;
(b) sustains a personal injury that poses a serious threat to their life;
(c) dies.
Casual Employees are entitled to 2 days’ unpaid compassionate leave.
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An employee may request special consideration for leave under this Clause in the case of
a ‘significant other’ person.
An employee may take unpaid additional compassionate leave by agreement with South
East Water.
Employees are entitled to 2 days’ paid compassionate leave on each occasion when:
(a) 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 was born
alive;
(b) the employee, or the employee’s spouse or de facto partner, has a miscarriage.
South East Water is entitled to and may require the employee to provide satisfactory
evidence to support the taking of compassionate leave.
Such leave does not have to be taken consecutively.
13.4 Family and Domestic Violence Leave
13.4.1 General Principle
South East Water recognises that employees sometimes face situations of violence or
abuse in their personal life that may affect their attendance or performance at work.
Therefore, South East Water is committed to providing support to employees that
experience family and domestic violence.
Leave for family and domestic violence purposes is available to employees who are
experiencing family and domestic violence and also to allow them to be absent from the
workplace to attend counselling appointments, legal proceedings and other activities
related to, and as a consequence of, family and domestic violence.
13.4.2 Definition of Family and Domestic Violence
Family and domestic violence is violent, threatening or other abusive behaviour by a close
relative of an employee, a member of an employee's household, or a current or former
intimate partner of an employee, that:
(a) seeks to coerce or control the employee; and
(b) causes the employee harm or to be fearful.
Eligibility
Leave for family and domestic violence purposes is available to all employees including
Casual Employees.
13.4.3 General Measures
Depending on the circumstances, evidence that would satisfy a reasonable person of the
employee’s need to take family and domestic violence leave may be required and can
include a document issued by the Police Service, a Court, a registered health practitioner,
a Family Violence Support Service, district nurse, maternal and health care nurse or
Lawyer. A signed statutory declaration can also be offered as evidence.
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All personal information concerning family and domestic violence will be kept confidential
in line with South East Water’s policies and relevant legislation. No information will be
kept on an employee’s personnel file without their express written permission.
No adverse action will be taken against an employee if their attendance or performance at
work suffers as a result of experiencing family and domestic violence.
South East Water will identify contact/s within the workplace who will be trained in family
and domestic violence and associated privacy issues (Family and Domestic Violence
Contacts). South East Water will advertise the name of any Family and Domestic
Violence Contacts within the workplace.
An employee experiencing family and domestic violence may raise the issue with their
People Leader, Family and Domestic Violence Contacts, Union Delegate or nominated
Human Resources contact. The employee’s People Leader may seek advice from Human
Resources if the employee chooses not to see the Human Resources or Family and
Domestic Violence Contact.
Where requested by an employee, the Human Resources contact will liaise with the
employee’s People Leader on the employee’s behalf, and will make a recommendation
on the most appropriate form of support.
South East Water will develop guidelines to supplement this Clause and which details the
appropriate action to be taken in the event that an employee reports family and domestic
violence.
13.4.4 Leave
An employee experiencing family and domestic violence will have access to 20 days per
year of paid leave following an event of family and domestic violence and for related
purposes such as for medical appointments, legal proceedings and other activities related
to family and domestic violence (this leave is not cumulative but if the leave is exhausted
consideration will be given to providing additional leave). This leave may be taken as
consecutive or single days or as a fraction of a day and can be taken without
prior approval.
A Casual Employee experiencing family and domestic violence will have access to 10
days per year of paid special leave following an event of family and domestic violence
and for related purposes such as for medical appointments, legal proceedings and other
activities related to family and domestic violence (this leave is not cumulative but if the
leave is exhausted consideration will be given to providing additional leave). This leave
may be taken as consecutive or single days or as a fraction of a day and can be taken
without prior approval.
An employee who supports a person experiencing family domestic violence may utilise
their personal/carer’s leave entitlement to accompany them to court, to hospital, or to care
for children. South East Water may require evidence consistent with Clause 13.2 from an
employee seeking to utilise their personal/carer’s leave entitlement.
13.4.5 Individual Support
In order to provide support to an employee experiencing family and domestic violence
and to provide a safe work environment to all employees, South East Water will approve
any reasonable request from an employee experiencing family and domestic violence for:
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(a) temporary changes to their span of hours or pattern or hours and/or shift
patterns;
(b) temporary job redesign or changes to duties;
(c) temporary relocation to suitable employment;
(d) a change to their telephone number or email address to avoid harassing contact;
and/or
(e) any other appropriate measure including those available under existing provisions
for family friendly and flexible work arrangements.
Any changes to an employee’s role should be reviewed at agreed periods. When an
employee is no longer experiencing family and domestic violence, the terms and
conditions of employment may revert back to the terms and conditions applicable to the
employee’s substantive position.
An employee experiencing family and domestic 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 and domestic
violence.
An employee that discloses that they are experiencing family and domestic violence will
be given information regarding current support services.
13.5 Cultural and Ceremonial Leave
South East Water recognises the value of cultural diversity and the observance of days of
cultural ceremonial and/or religious significance. Employees may access up to two days
of paid leave for legitimate religious, ceremonial and cultural purposes to meet the
employee’s customs, traditional law and to participate in ceremonial activities. Employees
may be asked to provide details in relation to the specific purposes of the leave.
13.6 Long Service Leave
South East Water’s provisions on Long Service Leave will continue to apply and are
contained in Appendix B: of this Agreement.
13.7 Parental Leave
South East Water’s provisions on Parental Leave will continue to apply and are contained
in Appendix C: of this Agreement.
13.8 Special Leave
13.8.1 Military Leave
Leave of absence without loss of pay may be granted for up to 80 hours in any year to
employees who are not on Maximum Term Contracts or Casual Employees and who are
voluntary members of the Australian Defence Reserves for the purpose of attending
annual training camp and up to a further 32 hours a year for the same purpose on the
certification of the Commanding Officer of the particular service unit concerned.
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In addition to any leave granted under this subclause, leave of absence without pay,
subject to the remaining provisions of the Clause, may be granted to an employee who is
a voluntary member of the Australian Defence Reserves for the purpose of attending not
more than two schools, classes or courses of instruction in any one year.
Where the amount of pay not including any payment by way of overtime, penalty rates,
mixed functions or any payment of a temporary charter, which an employee would have
received had the employee remained on duty exceeds the amount of pay (including
marriage and separation allowances) received by the employee as a member of the
Australian Defence Reserves at any such school, class or course, the employee shall be
entitled to receive an amount equal to the difference between the two.
An employee may elect to take accrued annual leave in lieu of an equivalent period of
leave under this provision.
Application for military leave shall be submitted for approval to South East Water.
Evidence of attendance at the annual training camp etc. is required and on returning to
work is forwarded to the People and Safety Branch.
An employee, while serving with the Australian Defence Reserves, who sustains an injury
or contracts an illness necessitating an absence from duty beyond the period of leave
granted under this Agreement may be granted leave as follows:
(a) if the employee is not paid compensation by the appropriate Commonwealth
Department in respect of such absence the employee shall be paid sick leave up
to their personal (sick) leave balance and leave without pay beyond that;
(b) if the employee is paid compensation and the amount is equal to or exceeds the
amount of pay which would have been received had the employee been granted
sick leave, such leave shall be granted without pay; or
(c) if the employee is paid compensation and the amount is less than the amount of
pay which would have been received had the employee been granted sick leave,
the employee may be paid an amount equal to the difference between the two
and the sick leave credit will be reduced by the amount of such payment.
13.8.2 Service with Emergency Services Organisation Leave
South East Water appreciates that some employees may serve as registered volunteers
with a recognised Emergency Services Organisation (ESO).
Occasions may arise where these employees are ‘called out’ for duty with the ESO during
their ordinary hours of work.
Where the employee attends an emergency following such a call-out, they will be entitled
to paid Service with Emergency Services Organisation Leave, for the ordinary hours of
work in which they are absent from South East Water at the ordinary rate of pay to a
maximum of five days per calendar year or a longer period as South East Water may
determine in the particular circumstances.
An employee will not receive paid Service with Emergency Services Organisation Leave
in circumstances where they are being paid by the ESO for the relevant call-out.
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If a period of paid Service with Emergency Services Organisation Leave has not been
extended and subject to South East Water’s approval, unpaid leave may be granted for a
further five days.
Where a State of Emergency has been declared, either within Victoria or interstate and
the local emergency service sends a contingent as part of a State co-ordinated relief
effort, employees who are registered volunteer members and who participate will be
granted paid Service with Emergency Services Organisation Leave, at the ordinary rate of
pay, for a maximum of five days per annum, or a longer period as South East Water may
determine in the particular circumstances. If paid Service with Emergency Services
Organisation Leave has not been extended and subject to South East Water’s approval,
leave without pay may be granted.
Employees and their manager are responsible for ensuring that any such call-outs are
confirmed by satisfactory evidence from the relevant ESO, indicating the times and dates
involved.
ESO includes any service recognised as a recognised emergency management body,
including but not limited to, the Country Fire Authority, Red Cross, State Emergency
Service and St John Ambulance.
13.8.3 Blood Bank Leave
An employee other than a Casual Employee or an employee on a Maximum Term
Contract, on production of a Blood Bank Attendance Certificate shall be granted special
leave up to a maximum of four hours without loss of pay provided that leave has had prior
approval from their People Leader.
13.8.4 Jury Leave
Employees required to attend jury service in any court shall be entitled to leave without
loss of pay for the period during which the attendance of the employee at court is
required. Permanent employees will not be required to pay to South East Water the
amount received as jury fees.
13.8.5 Lifestyle Leave
Permanent employees who have, or will have, completed two years of continuous service
with South East Water may be entitled to a maximum total of 52 weeks unpaid Lifestyle
Leave in accordance with the Lifestyle Leave Policy, as amended from time to time.
13.8.6 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 is entitled to up to two days’ paid Foster or Kinship Care leave on up to five
separate occasions per calendar year, to be taken at the time the placement of the child
with the employee commences.
For the purposes of this Clause, Foster or Kinship Care includes:
(a) Foster care, 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;
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South East Water Employees’ Enterprise Agreement 2023 Page 57 of 83
OFFICIAL
(b) Kinship care, which is the 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
Health and Human Services, the Children’s Court or other similar federal, state or judicial
authority.
Subject to the written approval of South East Water, the paid leave provided under 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 employees who provide foster care, one occasion totalling up to two days
duration may be used for accreditation purposes, including attending compulsory
interviews or training.
South East Water may require the employee to provide satisfactory evidence of the
Employee’s entitlement to leave under this Clause.
13.8.7 Gender Affirmation Leave
South East Water encourages a culture that is supportive of transgender and gender
diverse employees and recognises the importance of providing a safe environment for
employees affirming their gender.
Gender affirmation may occur through medical, social or legal changes.
Entitlement
Employees are entitled to Gender Affirmation Leave. Gender Affirmation Leave comprises
of:
(a) up to four weeks paid leave; and
(b) up to 52 weeks of unpaid leave (for employees who take Gender Affirmation
Leave after at least 12 months of continuous service with South East Water).
An employee who is entitled to unpaid Gender Affirmation Leave may, in conjunction with
all or part of that leave, utilise any accrued annual leave or long service leave, provided
that the combined total of all paid and unpaid leave taken does not exceed 52 continuous
weeks.
Gender Affirmation Leave may be taken as consecutive, single or part days as agreed
with South East Water.
Gender Affirmation Leave will not accrue from year to year and will not be paid out on
termination of employment.
Notice and evidence requirements
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South East Water Employees’ Enterprise Agreement 2023 Page 58 of 83
OFFICIAL
An employee seeking to access Gender Affirmation Leave must provide South East
Water with at least four weeks’ written notice of their intended commencement date and
expected period of leave, unless otherwise agreed by South East Water.
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.
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.
Essential gender affirmation procedures may include, but are not limited to:
(a) medical or psychological appointments;
(b) hormonal appointments;
(c) surgery and associated appointments;
(d) appointments to alter the employee’s legal status or amend the employee’s
gender on legal documentation; or
(e) any other similar necessary appointment or procedure to give effect to the
employee’s affirmation, as agreed with South East Water.
Casual Employees
Casual Employees who have at least 12 months of continuous service with South East
Water are entitled to access unpaid leave of up to 52 continuous weeks, for gender
affirmation purposes.
Casual Employees seeking to access unpaid leave for gender affirmation purposes 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.
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South East Water Employees’ Enterprise Agreement 2023 Page 59 of 83
OFFICIAL
Part 8 – Redeployment and Transfer of Business
14. Redeployment
14.1 Redeployment
When a decision is made by South East Water, which will result in a change to the way
work is carried out, causing positions to become excess to requirements, South East
Water will consult pursuant to Clause 4 of this Agreement with employees who may be
affected by this decision at the earliest opportunity to explore all options available.
South East Water will endeavour to redeploy any employee whose position is no longer
required, to another position if a suitable vacancy exists. Redeployment to a lower level
position will only occur with the relevant employee’s agreement.
‘Suitable alternative position’ means one classified at the employee’s substantive level, in
which the employee will be able to carry out the relevant duties given reasonable training.
If no redeployment opportunities exist, the redundancy process will apply in accordance
to the State Government policy on redundancy, redeployment and retrenchment. If the
departure is non-voluntary, the employee shall be offered outplacement counselling and
assistance.
14.2 Transfer of Business
Where government policy exists, the parties are to comply with the requirements of the
government’s policy as it relates to transfer of business. The policy does not form part of
this Agreement.
In the absence of government policy covering transfer of business ,South East Water will
comply with the following provisions:
(a) South East Water will not transfer any part or the whole of its business to another
employer where that transmission will require the employment by the transmitter
of any employees of South East Water, during the life of this Agreement, unless
South East Water acknowledges its obligations under this Agreement and Part 2-
8 of the FWA;
(b) in this Clause:
(i) ‘business’ includes trade, process, business or occupation and includes
part of any such business; and
(ii) ‘transfer’ includes transfer, outsourcing, assignment or succession
whether by agreement of or by operation of a law and ‘transfer’ has a
corresponding meaning..
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South East Water Employees’ Enterprise Agreement 2023 Page 60 of 83
OFFICIAL
Part 9 – Union Related Matters
15. Right of Entry
15.1 Right of Entry
In accordance with the provisions of the FWA, a Union Official may enter South East
Water’s premises with due notice to hold discussions with employees about matters
relating to this Agreement, including:
(a) consulting with persons covered by this Agreement about their rights and
obligations under this Agreement;
(b) consulting with persons covered by this Agreement about the operation of this
Agreement;
(c) dealing with disputes arising under this Agreement;
(d) consulting with employees about the negotiation of a replacement Agreement;
and
(e) any other reasonable purpose connected to the work of the employees covered
by this Agreement, or to the relationship between the Union and South East
Water.
However, nothing in this Clause provides a union with a right to enter premises contrary
to Chapter 3, Part 3-4 of the FWA.
Employee attendance at any meeting with a union representative during their rostered
hours of work is subject to the agreement of their People Leader. Agreement by their
People Leader will not be unreasonably withheld.
Where a meeting between a union representative and members of that union relates to
the negotiation of a replacement enterprise agreement, the parties will work together to
ensure meetings can be held at mutually convenient times during rostered hours of work.
16. Posting of Materials
16.1 Noticeboards and Intranet
The Union providing coverage for employees of the Agreement will have access to the
internal intranet site and workplace noticeboards for the purposes of making available
information pertaining to the services provided by the Union, the contact details of Union
organisers and Union Delegates, and membership forms.
17. Union Delegates Rights to a Facility
Union Delegates shall be entitled to have access to a facility on South East Water’s
premises, which will include a meeting room and filing cabinet.
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South East Water Employees’ Enterprise Agreement 2023 Page 61 of 83
OFFICIAL
18. Union Representative Training
18.1 Training Entitlement
Union Delegates shall be entitled to up to 10 days’ paid leave over two years to attend
trade union training.
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South East Water Employees’ Enterprise Agreement 2023 Page 62 of 83
OFFICIAL
Appendix A: Salary Increases
Salaries and Allowances - Table 1 - Salaries
*STU – An employee who is classified as a Short Term Unskilled (“STU”) is an
employee who is unskilled or has limited skills or experience. An employee
cannot remain classified as STU for a period of more than 3 months. The
engagement of employees on the classification of STU will not be used in
place of another relevant classification. From 2023 STU base hourly rate is
$29
South East ... rt:\ .......
Water:····· ••
•• • ••
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1-5 Casuals 38 hours a week with RDO + Part Time Employees 40 hours a week no RDO .25% for casual loading 38 hours Classification 1st full pay perlod on ist full pay period on 1st full pay period on 1st full pay period on 1st fuli pay period on 1st full pay period on 1st full pay period on 1st full pay period on 1st full pay period on 1st full pay period on 1st full pay period on 1st full pay period on Level or after 01/09/2023 - of after 01/09/2024 = or after 01/09/2025 - or after 01/09/2026 - or after 01/09/2023 - or after 01/09/2024 - or after 01/09/2025 - or after 01/09/2026 - or after 01/09/2023 = or after 01/09/2024- or after 01/09/2025 = or after 01/09/2026 - 35 35 3% 0% 3% 35 3% 3% 35 STU 57501 59226 61003 62833 60527 62343 64213 56140 71876 74032 75253 78-41 1. 81408 0324 65145 6709 68577 68574 7033 76757 79080 81431 83875 1.2 03305 65205 67161 69175 66538 68637 70696 ₹2817 79132 81506 8395 85470 1.2 66457 58461 70515 72630 69965 72064 74226 76453 83084 85576 88143 90788 1.4 69975 72074 74237 76464 73658 75868 78144 80488 87459 90093 92796 95580 15 73563 75760 78043 80384 77434 79757 82150 84615 91953 94712 9755-1 100480 76802 78000 81267 83705 80634 83053 85544 88111 95752 98824 101584 104632 21 79647 82036 84497 8703 83835 8635 88945 91613 102545 105622 108790 22 82683 85164 87719 90350 87035 89645 88719 92335 9510- 103354 106455 109648 112938 86135 91380 94122 90668 93388 96190 99076 107668 110899 114225 117652 3.1 89021 91691 94442 9/275 93/06 98517 9941 10239 111275 114514 118053 12150 32 92220 94987 97836 100771 97074 9998 102985 106075 115275 118733 22295 125964 95832 98501 101456 104500 100666 103686 105796 110000 119541 123127 125821 130625 4. 98605 101563 104510 107748 103795 106909 110116 113419 123256 126954 130763 134585 42 101751 104803 107947 111186 107106 110319 113629 117038 127188 131004 134934 138982 105992 109172 112447 115820 111571 114918 118365 121916 132490 136465 140559 144776 109104 112377 115743 119221 114846 11820 121840 125405 135380 140471 144685 14902 5.2 112156 115520 18985 122556 118059 121600 125248 129006 140195 144400 148732 153194 5.3 115301 118760 122323 25993 121370 125011 128761 132624 144127 148450 152904 157491
South East Water Employees’ Enterprise Agreement 2023 Page 63 of 83
Table 2 - Allowances
Table 3 - Wage Movement
Year Wage increase
Year 1 3% wage increase, to be paid effective from the first full pay period on or after the
1 September, 2023.
One Off Lump Sum Payment
In accordance with South East Water’s Wage Policy April 2023, a One Off Lump
Sum Payment of $4870 will be paid upfront to employees in Year 1.
Part time employees will be entitled to this payment on a pro rata basis.
Payment will only apply to employees employed at the time of payment.
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1stfull pay period 1 st full pay period 1st full pay period 1st full pay period
Allowances: on or after on or after on or after on or after
01/09/2023 = 3% 01/09/2024 = 3¾ 01/09/2025 = 3% 01/09/2026 = 3¾
First Aid Allowance
3.36 3.46 3.56 3.67
(Daily)
Meal Allowance 1 26.43 27.22 28.04 28.88
Avail.tbility
35.29 36.35 37.44 38.56
Allowance
Sewage Contact
Allowance 0.85 0.87 0.90 0.93
(HourM
1st full pay period 1st full pay period |1st full pay period |1st full pay period Allowances: on or after on or after on or after on or after 01/09/2023 = 3% 01/09/2024 = 3% 01/09/2025 = 3% 01/09/2026 = 3% First Aid Allowance (Daily) 3.36 3.46 3.56 3.67 Meal Allowance 1 26.43 27.22 28.04 28.88 Availability Allowance 35.29 36.35 37.44 38.56 Sewage Contact Allowance 0.85 0.87 0.90 0.93 (Hourly)
South East Water Employees’ Enterprise Agreement 2023 Page 64 of 83
Lump Sum Patience in Bargaining Payment
Employees covered by this Agreement will receive a Lump Sum Patience in
Bargaining Payment.
The period of the Lump Sum Patience in Bargaining Payment is calculated on a
3% (base) wage increase between the expiry of South East Water’s previous
enterprise agreement which expired on the 1 March 2023. Calculations will
apply from the first full pay period on or after 1 March 2023 up to the full pay
period prior to the 1 September 2023 increase effective date.
Employees entitled to the Lump Sum Patience in Bargaining Payment are those
employees employed as at 1 March 2023.
These payments will be made to employees following the operational date of its
approval by the FWC.
Top of Band Payment
Employees who are top of their band level will receive a Top of Band Payment,
which is a lump sum payment equivalent to 1% of the employee’s (Base) salary.
The Top of Band Payment will only be paid in circumstances where the employee
has demonstrated acceptable performance in relation to the requirements of the
position, values and the application of skills.
The Top of Band Payment will apply from Year 1 after the approval by the FWC of
the Agreement (pro rata for part time employees).
Year 2 3% wage increase, to be paid effective from the first full pay period on or after the
1 September, 2024.
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South East Water Employees’ Enterprise Agreement 2023 Page 65 of 83
Year 3 3% wage increase, to be paid effective from the first full pay period on or after the
1 September, 2025.
Year 4:
3% wage increase, to be paid effective from the first full pay period on or after the
1 September, 2026.
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South East Water Employees’ Enterprise Agreement 2023 Page 66 of 83
Appendix B: Long Service Leave
B. Long Service Leave
B.1 Interpretation
In this Clause, unless inconsistent with the context or subject matter:
Authority means any Australian Government or State Government
Department or any public statutory authority,
Municipality or Local Government Authority created
under the Laws of the Commonwealth of Australia or
those of a State of Australia.
Long Service Leave means leave of absence on account of long service with
South East Water.
Ordinary Pay in relation to any employee, means remuneration for the
employee's normal weekly number of hours of work
calculated at the ordinary rate of pay but shall not
include any sum due or paid for relieving in a higher
position.
For the purposes of definition of `ordinary pay' in the
preceding paragraph where no normal weekly number of
hours is fixed for an employee under the terms of
employment, the normal weekly number of hours of work
shall be deemed to be the average weekly number of
hours worked by the employee during the period of
12 months immediately prior to the date of accrual to the
employee of the entitlement.
B.2 Entitlement
This Appendix B: applies to employees covered by the South East Water Employees’
Enterprise Agreement 2023 and includes Casual Employees, to the extent Casual
Employees are entitled to Long Service Leave in accordance with applicable long service
leave legislation.
An employee shall, subject to and in accordance with this Clause, be entitled to 13 weeks
leave on Ordinary Pay on the completion of 10 years continuous service with South East
Water and thereafter to 6½ weeks leave on Ordinary Pay on the completion of each
subsequent period of five years continuous service with South East Water. Part-time
employees shall be entitled to Long Service Leave as above, on a pro rata basis.
Employees who have completed seven or more years continuous service with South East
Water and cease to be employed by South East Water shall, unless such cessation is due
to termination of service on the grounds of serious or wilful misconduct, be entitled to
payment in lieu of accrued Long Service Leave on Ordinary Pay, together with a period of
Long Service Leave on Ordinary Pay as equals 1/40 of the period of continuous service
after the last accrual of entitlement to Long Service Leave.
Employees who have completed five years continuous service with South East Water and
whose services are terminated by South East Water on account of:
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South East Water Employees’ Enterprise Agreement 2023 Page 67 of 83
(a) retirement;
(b) illness or incapacity;
(c) by the employee on account of retirement, or illness or incapacity;
(d) shall be entitled to such payment in lieu of Long Service Leave on Ordinary Pay
on the basis of 1/10 of 13 weeks leave for each completed year of service.
If an employee who is entitled to any amount of Long Service Leave dies before or whilst
taking any period of such leave, the personal representative of such employee shall be
paid:
(a) a sum equal to the amount of Ordinary Pay that would have been payable to the
employee in respect of the period of Long Service Leave not taken less any
amount already paid to the employee in respect of any such leave taken;
(b) in respect of any period (hereinafter called the fractional period) of such
continuous service which is after the last accrual of entitlement to Long Service
Leave as provided in Clause B.2, a sum equal to the amount of Ordinary Pay for a
period equalling 1/40 of such fractional period.
If an employee who has completed at least five years continuous service with South East
Water dies whilst still in the service of South East Water, there shall be payable to the
personal representative of such employee a sum equal to the amount of Ordinary Pay for
a period equalling 1/10 of 13 weeks leave for each completed year of service.
B.3 Calculation of Service
For the purpose of calculating an employee’s continuous employment, the following shall
be counted as part of the period of employment :
(a) any annual leave or Long Service Leave;
(b) any approved absence from work with pay on account of personal illness or injury;
(c) any approved absence from work without pay on account of personal illness or
injury;
(d) any absence or interruption of twelve months or less on account of injury or illness
arising out of or in the course of the employee's employment for which workers
compensation is payable under applicable legislation relating to workers
compensation.
(e) the dismissal of an employee if re-employed within a period not exceeding two
months from the date of dismissal;
(f) the termination of the service of an employee on account of shortage of work,
workforce requirements or similar cause providing such employee resumes duty
within a reasonable time when work again becomes available, such reasonable
time to be determined by South East Water having regard to the circumstances of
each case;
(g) any interruption arising directly or indirectly from an industrial dispute;
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South East Water Employees’ Enterprise Agreement 2023 Page 68 of 83
(h) any absence from work of an employee for a period not exceeding twenty four
months in respect of approved parental leave (relating to the birth of one child);
(i) any approved absence from work on account of private business;
(j) any absence from work on account of injury or illness arising out of or in the
course of the employee's employment for which workers compensation is payable
under an Act of Parliament relating to workers compensation.
B.4 Reciprocal Service
For the purpose of calculating Long Service Leave entitlement, service with any other
Authority or Authorities shall be taken into account to the extent approved by South East
Water up to a maximum of 10 years, subject to the following conditions:
(a) The service with another Authority shall have been continuous and where service
has been with more than one other Authority the period or periods of such service
shall have been continuous one with the other and such service or period of such
service as is applicable shall have been performed immediately prior to
appointment to South East Water’s service.
(b) A full and true disclosure of all particulars of such previous continuous service has
been made prior to appointment to South East Water’s service - such particulars
shall be subject to verification by the Authority or Authorities concerned.
(c) No credit shall be given for any period of leave for which long service leave has
been granted or for which payment in lieu of long service leave has been made.
(d) The taking of Long Service Leave shall not be permitted unless the combined
qualifying period is at least seven years and includes at least five years
continuous service with South East Water.
(e) In the event of the resignation of any such employee from South East Water’s
service no payment in lieu of Long Service Leave shall be made unless the
combined qualifying period is at least seven years and includes at least five years
continuous service with South East Water.
(f) Where an employee has completed five but less than seven years current
continuous service with South East Water, then in the event of death whilst in the
service of South East Water or retirement or the termination of service on account
of illness or incapacity, full credit shall be given for the reciprocal service in
calculating payment due for Long Service Leave provided, however, that payment
shall only be made in respect of combined completed years of service.
Notwithstanding anything to the contrary in Clause B.3 of this Agreement, South East
Water may, in any particular instance, not accept service with a particular Authority for the
purposes of calculating Long Service Leave entitlement.
B.5 General Provisions
No employee shall, during any period when on Long Service Leave, engage in any form
of employment for hire or reward without prior approval by South East Water.
Long Service Leave shall be exclusive of any annual leave or public holiday occurring
during the period of the said Long Service Leave.
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Where an employee who ceases to be an employee of South East Water is entitled to
Long Service Leave pursuant to this Clause then for the purpose of calculating any
payment due in respect of such entitlement the period of such Long Service Leave shall
be inclusive of any public holiday which would have occurred during such period had the
officer commenced or proceeded on such Long Service Leave on the next working day
following their cessation of employment with South East Water.
Long Service Leave shall be granted and taken as soon as practicable after the employee
becomes entitled thereto. Provided, however, that the taking of such Long Service Leave
may be postponed by mutual agreement between South East Water and the employee
concerned.
After an entitlement of 13 weeks Long Service Leave has accrued for 10 years
continuous service, the leave may be taken in minimum periods of two weeks at any time.
Subsequent entitlement may also be taken in minimum periods of two weeks as it
accrues, provided, however, that the taking of any such leave shall be subject to the
requirements of South East Water. The taking of Long Service Leave may be varied via
mutual agreement with an employee’s People Leader, or the relevant South East Water
manager where there are exceptional circumstances.
Employees who have completed seven years or more of continuous service shall be
entitled to Long Service Leave on a pro rata basis.
In the event of sickness employees shall not be required to take Long Service Leave
before applying for extended sick leave.
In the event of an employee suffering personal illness or injury whilst on Long Service
Leave, approval shall be given for Long Service Leave to be re-credited to the employee's
balance to cover the period of incapacity provided that:
(a) an application for sick leave, supported by medical evidence satisfactory to South
East Water, is made by the employee;
(b) such incapacity is not the result of a compensable accident; and
(c) such period of incapacity is not less than one calendar week.
The wage/salary payable on Long Service Leave shall be the employee's ordinary time
pay had the employee been on duty.
If payment in full on commencement of leave or part payment in advance on
commencement of leave with the balance payable by one further instalment is not
required, the Ordinary Pay of an employee on Long Service Leave shall be paid at the
same time as it would have been paid if the employee was still on duty including, if the
employee so requires, payment by cheque posted to a specified address.
Long service leave may be taken as normal time at full pay, or by agreement with South
East Water, half the time at double pay or double the time at half pay.
B.6 Phased Retirement
At the employee’s initiation, when a suitable opportunity arises which does not conflict
with business needs, employees can have the flexibility to use their Long Service Leave
in periods of less than two week blocks to assist the transition from full-time work to
retirement (e.g. one day per week). This arrangement will be by mutual agreement, in
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writing, between the employee and South East Water, stating the terms and conditions
agreed and can be reviewed by either party, as required.
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Appendix C: Parental Leave
C. Parental Leave
Subject to the terms of this Clause employees are entitled to paid and unpaid parental leave and
to work part-time in connection with the birth or adoption of a child. The parental leave detailed in
this Clause is in addition to any government parental leave schemes that may be in force at the
time of taking parental leave.
C.1 Provisions
The provisions of this Clause apply to full-time and part-time employees and Eligible
Casual Employees
An ‘Eligible Casual Employee’ means a Casual Employee:
(a) employed by South East Water on a regular and systematic basis for a sequence
of periods of employment during a period of at least 12 months; and
(b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation
of ongoing employment.
South East Water must not fail to re-engage a Casual Employee because:
(a) the employee or employee’s spouse or de factor partner is pregnant;
(b) the employee is, or has been immediately absent on parental leave;
For the purposes of this Clause, continuous service is work for South East Water on a
regular and systematic basis including any period of authorised leave or absence.
The rights of South East Water in relation to engagement and re-engagement of Casual
Employees are not affected, other than in accordance with this Clause.
For the avoidance of doubt, Casual Employees will be entitled to any benefits which apply
to casual employees under the FWA.
C.2 Definitions
For the purposes of this Clause ‘child’ means a child of the employee under school age
except for adoption of an eligible child.
For the purposes of this Clause ‘eligible child’ means a person under the age of 16 years
who is placed with the employee for the purpose of adoption, as distinct from a child or
step-child of the employee or of the spouse of the employee or a child who has previously
lived continuously with the employee for a period of six months or more.
For the purposes of this Clause, spouse includes a former spouse and de facto partner
includes a former de facto partner. The employee’s ‘de facto partner’ means a person
with whom the employee lives as a couple on a bona fide domestic basis, although not
legally married.
C.3 Basic Entitlement
Employees who have, or will have, completed at least 6 months’ continuous service, are
entitled to a combined total of 52 weeks paid and unpaid parental leave in relation to the
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birth of a child of the employee or the employee's spouse or de facto partner or the
placement of an ‘eligible child’ with the employee for adoption. An employee who does
not satisfy the qualifying service requirement for the paid components of leave, or an
employee who is an Eligible Casual Employee, shall be entitled to leave without pay for a
period not exceeding 52 weeks, but is not entitled to paid parental leave.
Parental leave may be taken by:
(a) the birth parent or primary carer;
(b) the spouse or de facto partner; or
(c) either parent in the case of adoption.
For parental leave, a paid component of a continuous period of 15 weeks’ paid parental
leave may be taken. Paid parental leave may be paid at half the rate of pay for 30 weeks,
at the employee’s request.
Paid parental leave is not intended to absorb the Commonwealth entitlement to paid
parental leave.
Parental leave is to be available to only one parent at a time in a single unbroken period,
except that both parents may simultaneously access the leave in the following
circumstances:
(a) the concurrent leave must not be longer than eight weeks in total;
(b) the concurrent leave may be taken in separate periods, but unless South East
Water agrees, each period must not be shorter than two weeks;
(c) unless South East Water agrees, the concurrent leave must not start before:
(i) if the leave is birth-related - the date of birth of the child;
(ii) if the leave is adoption-related – the day of placement of the child.
C.4 Superannuation on Paid Parental Leave
Superannuation will be paid when an employee receives a paid or unpaid component of
parental leave under this Appendix C:.
C.5 Notice of Parental Leave
An employee must provide notice to South East Water in advance of the expected date of
commencement of parental leave.
The notice requirements are:
(a) the expected date of confinement (included in a certificate from a registered
medical practitioner stating that the employee or employee’s spouse is pregnant) -
at least 10 weeks;
(b) the date on which the employee or employee’s spouse proposes to commence
parental leave and the period of leave to be taken - at least four weeks;
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(c) and if the employee taking parental leave is not the birth parent, a statutory
declaration stating:
(i) they will take that period of parental leave to become the primary
care-giver of a child;
(ii) particulars of any period of parental leave sought or taken by their spouse.
When the employee gives notice of parental leave as above the employee must also
provide a statutory declaration stating particulars of any period of parental leave sought or
taken by their spouse and that for the period of parental leave they will not engage in any
conduct inconsistent with their contract of employment.
An employee will not be in breach of this Clause if failure to give the stipulated notice is
occasioned by confinement occurring earlier than the presumed date.
Subject to Clause C3 and unless agreed otherwise between South East Water and the
employee, an employee may commence parental leave at any time within six weeks
immediately prior to the expected date of birth or adoption.
Where an employee is the birth parent and continues to work within the six week period
immediately prior to the expected date of birth of the child, or is on paid leave or elects to
return to work within six weeks after the birth of the child, South East Water may require
the employee to provide a medical certificate from a registered medical practitioner
stating that they are is fit to work on their normal duties. South East Water may require
the employee to start parental leave if the employee:
(a) does not give South East Water the requested certificate within seven days after
the request; and/or
(b) within seven days after the request for the certificate, gives South East Water a
medical certificate stating that the employee is unfit to work.
C.6 Personal Illness and Special Parental Leave
Where the pregnancy of an employee, who is the birth parent and is not on parental
leave, terminates prior to the birth of a living child, the employee may take leave for such
periods as a registered medical practitioner certifies as necessary, as follows:
(a) where the pregnancy terminates during the first 20 weeks, during the certified
period/s the employee is entitled to access any paid and/or unpaid personal leave
entitlements in accordance with the relevant personal leave provisions;
(b) where the pregnancy terminates after the completion of 20 weeks, during the
certified period/s the employee is entitled to paid special parental leave not
exceeding the amount of paid parental leave available under this Agreement and
thereafter, to unpaid special parental leave.
Where an employee is suffering from an illness not related to the direct consequences of
the confinement, an employee may take any paid personal leave to which they are
entitled in lieu of, or in addition to, special parental leave.
Where an employee not then on parental leave suffers an illness related to their
pregnancy, they may take any paid personal leave to which they are entitled and such
further unpaid special leave as a registered medical practitioner certifies as necessary
before their return to work.
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The aggregate of special leave and ordinary parental leave may not exceed 52 weeks or
a longer period as approved under Clause C.17.
Where leave is granted under Clause C.5, during the period of leave an employee may
return to work at any time, as agreed between South East Water and the employee
provided that time does not exceed four weeks from the recommencement date desired
by the employee.
C.7 Parental leave in the case of a spouse or de facto partner
An employee will provide to South East Water, at least 10 weeks prior to each proposed
period of parental leave:
(a) a certificate from a registered medical practitioner which names their spouse,
states that they are pregnant and the expected date of confinement, or states the
date on which the birth took place;
(b) written notification of the dates on which they propose to start and finish the
period of parental leave.
The employee will not be in breach of this Clause if the failure to give the required period
of notice is because of the birth occurring earlier than expected, the death of the birth
parent of the child, or other compelling circumstances.
Parental leave in the case of a spouse or de facto partner shall not be granted in respect
of a pregnancy that terminates more than 20 weeks before the expected date of the birth
of the child.
C.8 Parental leave in the case of adoption
The employee will notify South East Water at least 10 weeks in advance of the date of
commencement of parental leave and the period of leave to be taken. An employee may
commence parental leave prior to providing such notice, where through circumstances
beyond the control of the employee, the adoption of an eligible child takes place earlier.
Before commencing parental leave an employee will provide South East Water with a
statutory declaration stating:
(a) except in relation to leave taken simultaneously with the other adoptive parent
under Clause C.3 of this Agreement, the employee is seeking parental leave to
become the primary care-giver of the child;
(b) particulars of any period of parental leave sought or taken by the employee's
spouse or de facto partner; and
(c) that for the period of parental leave the employee will not engage in any conduct
inconsistent with their contract of employment.
South East Water may require an employee to provide confirmation from the appropriate
adoption agency of the placement.
Where the placement of a child for adoption with an employee does not proceed or
continue, the employee will notify South East Water immediately and South East Water
will nominate a time not exceeding four weeks from receipt of notification for the
employee's return to work.
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An employee will not be in breach of this Clause as a consequence of failure to give the
stipulated periods of notice if such failure results from a requirement of an adoption
agency to accept earlier or later placement of a child, the death of a spouse or de facto
partner, or other compelling circumstances.
An employee seeking to adopt a child is entitled to unpaid leave for the purpose of
attending any compulsory interviews or examinations as are necessary as part of the
adoption procedure. The employee and South East Water should agree on the length of
the unpaid leave. Where agreement cannot be reached, the employee is entitled to take
up to two days unpaid leave. Where paid leave is available to the employee, South East
Water may require the employee to take such leave instead.
C.9 Variation of Period of Parental Leave
Unless agreed otherwise between South East Water and the employee, the employee
may apply to South East Water to change the period of parental leave on one occasion.
Any such change is to be notified in writing at least two weeks prior to the
commencement of the changed arrangements.
C.10 Parental Leave and Other Entitlements
An employee may, in lieu of or in conjunction with parental leave, access other paid leave
entitlements which they have accrued, such as annual leave or long service leave,
subject to the total amount of leave not exceeding 52 weeks, or a longer period as
approved under Clause C.18.
Paid personal leave or other paid authorised absences (excluding annual leave and long
service leave) shall not be available to an employee during 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 South East Water will grant the
employee a day off in lieu to be taken by the employee immediately following the period
of paid parental leave.
C.11 Transfer to a Safe Job
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 South East Water deems it practicable, be transferred to a safe job
with no other change to the employee's terms and conditions until the commencement of
parental leave.
If South East Water does not think it to be reasonably practicable to transfer the
employee to a safe job, the employee may take paid ‘no safe job leave’, or South East
Water may require the employee to take paid ‘no safe job leave’ immediately for a period
which ends at the earliest of either:
(a) 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
(b) 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.
The entitlement to paid ‘no safe job leave’, paid at the ordinary rate of pay, is in addition
to any other leave entitlement the employee has.
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C.12 Keeping in Touch with Employees on Parental Leave
Good communication arrangements help an employee on parental leave feel attached to
South East Water, their career and their colleagues. South East Water may keep in touch
with an employee on parental leave by:
(a) sitting down with an employee before they commence their period of leave to
discuss key contacts, handovers of work, important dates and milestones during
the leave;
(b) arranging a pre-determined time to get in touch with an employee on leave, so the
employee’s expectations and preferences concerning contact during parental
leave can be considered and managed;
(c) making sure a particular person in the workplace is given responsibility to forward
important information about the workplace to the employee on leave, such as any
important changes to the structure of the employee’s workplace;
(d) forwarding newsletters, updates and important emails to the employee’s home
email account where appropriate, or arranging for them to have remote access to
their work email account where practical;
(e) inviting all employees on parental leave to attend any social events, planning
days, training or team building days which occur during their leave; and
(f) arranging a meeting with the employee when they are nearing the end of their
leave to discuss the return-to-work expectations of the employee and South East
Water, such as hours of work, flexible working arrangements, or any adjustments
that will need to be made to their role.
An employee can choose whether they participate in any work-related activities while on a
period of leave. It is not a requirement for an employee on leave to attend work meetings
or functions as a condition of their leave. If the employee does attend work during a
period of leave, they need to be paid for any work-related activity performed at their
ordinary rate of pay.
Employees on unpaid parental leave can access up to 10 keeping in touch days without
affecting their ongoing entitlement to unpaid leave or parental leave pay. Employees who
are taking up to 24 months of unpaid leave can access an additional 10 keeping in touch
days in the second 12 months (or part thereof) of their leave.
Employees who request and are approved to extend their unpaid parental leave may be
granted up to a further 12 months in accordance with C.18 below.
C.13 An employee will be entitled to the Returning to Work after a Period of Parental
Leave
An employee will notify their intention to return to work after a period of parental leave at
least four weeks prior to the expiration of the leave.
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 C.11 of this Agreement, the employee will be entitled to return to the
position they held immediately before such a transfer.
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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 as possible to that of their former
position.
C.14 Replacement Employees
A replacement employee is an employee specifically engaged or temporarily promoted or
transferred, as a result of an employee proceeding on parental leave.
Before South East Water engages a replacement employee it must inform that person of
the temporary nature of the employment and of the rights of the employee who is being
replaced.
C.15 Leave Accrual
Subject to this Clause, notwithstanding any other provision to the contrary, absence on
unpaid parental leave shall not break the continuity of service of an employee but shall
not be taken into account in calculating the period of service for any purpose of this
Agreement.
Parental leave with pay as prescribed in Clause C.3 of this Agreement shall be included
as service for the purpose of annual, sick and long service leave.
C.16 Termination of Employment
An employee on parental leave may terminate their employment at any time during the
period of leave by notice given in accordance with this Agreement.
South East Water shall not terminate the employment of an employee on the grounds of
pregnancy or of absence on parental leave, but otherwise the rights of South East Water
in relation to termination of employment are not hereby affected.
C.17 Communication during Parental Leave
Where an employee is on parental leave and a definite decision has been made to
introduce significant effect on the status, pay or location of the employee’s pre-parental
leave position, South East Water shall take reasonable steps to consult with the
employee in accordance with Clause 4.
(a) 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;
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.The employee shall take reasonable steps to inform South
East Water 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.
The employee shall also notify South East Water of changes of address or other contact
details which might affect its capacity to comply with this Clause.
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C.18 Right to Request
To assist the employee in reconciling work and parental responsibilities, an employee
entitled to parental leave pursuant to the provisions of Appendix C: may request South
East Water to allow the employee to:
(a) extend the period of simultaneous unpaid parental leave provided for in Clause
C.3 of this Agreement up to a maximum of eight weeks;
(b) extend the period of unpaid parental leave provided for in Clause C.3 of this
Agreement by a further continuous period of leave not exceeding 12 months; or
(c) return from a period of parental leave on a part-time basis until the child reaches
school age.
South East Water shall consider the request having regard to the employee’s
circumstances and, provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to the effect
on the workplace or South East Water’s business. Such grounds might include cost, lack
of adequate replacement employees, loss of efficiency and the impact on customer
service.
The employee’s request and South East Water’s decision made under this Clause will be
recorded in writing. South East Water’s response, including details of the reasons for any
refusal, must be given as soon as practicable and no later than 21 days after the request
is made.
Where an employee wishes to make a request to return to work part-time under this
Clause, 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.
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Appendix D: Guidelines for Professional Engineers
and Scientists
D. Professional Engineers and Scientists
D.1 Definitions - Engineers
“Professional engineering duties” shall mean duties carried out by a person in any
particular employment, the adequate discharge of any portion of which duties requires
qualifications of the officers as (or at least equal to those of) a graduate member of the
Institution of Engineers, Australia.
“Professional Engineer” shall mean an adult person qualified to carry out professional
engineering duties as above defined. The term “Professional Engineer” shall embrace
and include “Qualified Engineer” and “Experienced Engineer” as hereinafter defined.
“Qualified Engineer” shall mean a Professional Engineer other than an “Experienced
Engineer” as hereinafter defined, that is, it shall mean a person who is or is qualified to
become a graduate member of the Institution of Engineers, Australia.
“Graduate” shall mean a “Qualified Engineer” who is the holder of a University Degree
(4 or 5 year course) recognised by the Institution of Engineers, Australia, or is the holder
of a degree or other testamur which
(a) has been issued by a Technical University, an Institute of Technology, a
European Technical High School (Technische Hochschule) or Polytechnic, or
other similar education establishment;
(b) is recognised by the Institution as attaining a standard similar to a University
degree;
(c) has been issued following:
(i) a course of no less than four years duration for a full-time course after a
standard of secondary education not less than the standard of
examination for Year 12 to an Australian University; or
(ii) a part-time course of sufficient duration to attain a similar standard as a
four years full-time course, after a similar standard of secondary
education.
“Experienced Engineer” shall mean a Professional Engineer with the undermentioned
qualifications in any particular employment, the adequate discharge of any portion of the
duties of which employment requires qualifications of the employee as (or at least equal
to those of) a member of the Institution of Engineers, Australia. The aforesaid
qualifications are as follows:
(a) that the employee is a member of the said Institution;
(b) that the employee having graduated in a four year or five year course at a
University recognised by the said Institution, has had four years’ experience of
professional engineering duties since becoming a Qualified Engineer;
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(c) that the employee not having so graduated, has had five years of such
experience;
(d) has successfully completed the Skills Enhancement Program as provided for in
the Work Level Descriptions.
For employment involving the performance of professional engineering duties as defined
above, minimum annual salaries shall be paid in accordance with Appendix D:, Clause
D.3 of this Agreement.
D.2 Definitions - Scientists
“Professional scientific duties” shall mean duties carried out by a person in any particular
employment, the adequate discharge of any portion of which duties requires adequate
qualifications of the employee as specified in the schedule hereto.
“Professional Scientist” shall mean an adult person qualified to carry out professional
scientific duties as above defined. The term “Professional Scientist” shall embrace and
include “Qualified Scientist” and “Experienced Scientist” as hereinafter defined.
“Qualified Scientist” shall mean a Professional Scientist other than an “Experienced
Scientist” as hereinafter defined, that is, shall mean a person possessing academic
qualifications as specified in the schedule hereto.
“Graduate” shall mean a “Qualified Scientist” who is the holder of a University Degree
(3, 4 or 5 year course) in Science meeting the following criteria has a recognised
qualification such as:
(a) degree or other testamur from an Australian, New Zealand or United Kingdom
University; or
(b) has completed at minimum a Bachelor of Science degree which allows
admittance to a professional association or body in Australia, and who holds a
position for which the tertiary qualification is deemed relevant to the duties
performed.
“Experienced Scientist” shall mean a Professional Scientist with the undermentioned
qualifications engaged in any particular employment, the adequate discharge of any
portion of the duties of which employment requires qualification of the employee (or at
least equal to those of) as a holder of a University Degree (3, 4 or 5 year) in Science
meeting the following criteria has a recognised qualification:
(a) degree or other testamur from an Australian, New Zealand or United Kingdom
University; or
(b) has completed at minimum a Bachelor of Science degree which allows
admittance to a professional association or body in Australia, and who holds a
position for which the tertiary qualification is deemed relevant to the duties
performed; or
(c) Australian Technical qualifications lesser than a degree (ie TAFE) when
accompanied with 5 year demonstrated relevant experience.
For employment involving the performance of professional scientific duties as defined
above, the following minimum annual salaries shall be paid in accordance with Appendix
D: Clause D.3 of this Agreement.
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D.3 Relationship to South East Water Officer Salary Scale
Minimum annual salaries for Professional Engineer are below defined:
(a) Qualified Engineer Level 2.1;
(b) Experienced Engineer Level 4.1.
Minimum annual salaries for Professional Scientist are below defined:
(a) Graduate Scientist (3 year course) level 1.6;
(b) Graduate Scientist (4 year course) level 2.1
(c) Experienced Scientist Level 4.1;
Once graduated, Technical/Professionals shall increment as follows relative to the South
East Water Officer salary scale (i.e. the salary table in Appendix A:):
(a) Level 1.6 (if a Graduate Scientist 3 year course);
(b) Level 2.1;
(c) Level 2.3;
(d) Level 3.1;
(e) Level 3.3;
(f) Level 4.1;
(g) Level 4.2;
(h) Level 4.3;
(i) Level 5.1;
(j) Level 5.2;
(k) Level 5.3.
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Signatories
SIGNED by Lara Olsen, Managing Director
South East Water Corporation
101 Wells Street Frankston VIC 3199
ACN066 902 547
In the presence of:
Witness Name Witness Signature
Date: / /
Signed by EMPLOYEE FULL NAME for and on
behalf of employees of South East Water
Corporation, 101 Wells Street Frankston VIC 3199
Name of Witness
Signature of Witness
Date: / /
For and on behalf of members of the
Australian Services Union, Victorian
Authorities and Services Branch (ASU)
Lisa Darmanin
Branch Secretary
116 Queensberry Street, Carlton South,
3053, VIC
Name of Witness
Signature of Witness
Date: / / 21 12 2023
Gleise Cipriano
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Lean
ljohnson
Typewritten Text
Leanne Johnson
ljohnson
Typewritten Text
19 12 2023
South East Water Employees’ Enterprise Agreement 2023 Page 83 of 83
For and on behalf of members of the
Professionals Australia Union
Robert Miller
Secretary Professionals Australia
152 Miller St, West Melbourne 3003
Name of Witness
Signature of Witness
Date: / /
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