HealthShare Victoria Enterprise Agreement 2023

1

Fair Work Act 2009 
s.185—Enterprise agreement

Health Purchasing Victoria T/A Healthshare Victoria
(AG2024/403)

HEALTHSHARE VICTORIA ENTERPRISE AGREEMENT 2023

State and Territory government administration

COMMISSIONER YILMAZ MELBOURNE, 5 MARCH 2024

Application for approval of the HealthShare Victoria Enterprise Agreement 2023

[1] An application has been made for approval of an enterprise agreement known as the 
HealthShare Victoria Enterprise Agreement 2023 (the Agreement). The application was made 
pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Health Purchasing 
Victoria T/A Healthshare Victoria (the Applicant). The Agreement is a single enterprise 
agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are 
relevant to this application for approval and have been met. The Agreement does not cover all 
of the employees of the employer, however, taking into account the factors in ss.186(3) and 
(3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the 
National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am 
satisfied the more beneficial entitlements of the NES will prevail where there is an 
inconsistency between the Agreement and the NES.

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

[5] The Agreement is approved and in accordance with s.54, will operate from 12 March 2024. 
The nominal expiry date of the Agreement is 30 June 2024.

[2024] FWCA 821

DECISION
FairWork 

Commission 


AUSTRALIA FairWork Commission




 



[2024] FWCA 821

2

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

AE523737  PR772063


OF THE COMMISSION THE SEAT




 



1. Title 

FAIR WORK ACT 2009 (Cth) 

Health Share Victoria Enterprise Agreement 2023 

(Made pursuant to Part 2-4, Division 1, Section 172 of the 

Fair Work Act 2009) 

This Agreement shall be known as the Health Share Victoria Enterprise Agreement 2023. 

2. Arrangement 

The Agreement is arranged as follows: 

Clause Number and Subject: 

1. Title ............................................................................................................................................................................ 1 

2. Arrangement ............................................................................................................................................................. 1 

3. Definitions ................................................................................................................................................................. 3 

4. Commencement of the Agreement ......................................................................................................................... 4 

5. Parties to the Agreement and Coverage ................................................................................................................. 4 

6. Relationship To Previous Industrial Instruments .................................................................................................. 4 

7. No Extra Claims ........................................................................................................................................................ 4 

8. Savings Clause ......................................................................................................................................................... 5 

9. Individual Flexibility Arrangement .......................................................................................................................... 5 

10. Anti-Discrimination ................................................................................................................................................... 5 

11. Dispute Resolution ................................................................................................................................................... 6 

12. Secure Employment ................................................................................................................................................. 8 

13. Types Of Employment .............................................................................................................................................. 8 

14. Recruitment ............................................................................................................................................................. 11 

15. Right to Request Flexible Working Arrangements .............................................................................................. 11 

16. Management of Unsatisfactory Work Performance ............................................................................................. 12 

17. Management Of Misconduct .................................................................................................................................. 16 

18. Termination Of Employment .................................................................................................................................. 19 

19. Consultation ............................................................................................................................................................ 20 

20. Redundancy ............................................................................................................................................................ 22 

21. Rates Of Pay ............................................................................................................................................................ 23 

22. Payment Of Wages ................................................................................................................................................. 24 

23. Superannuation ...................................................................................................................................................... 24 

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FAIR WORK ACT 2009 (Cth) HealthShare Victoria Enterprise Agreement 2023 (Made pursuant to Part 2-4, Division 1, Section 172 of the Fair Work Act 2009) 1. Title This Agreement shall be known as the HealthShare Victoria Enterprise Agreement 2023. 2. Arrangement The Agreement is arranged as follows: Clause Number and Subject: 1. Title . 2. Arrangement 3. Definitions . 3 4. Commencement of the Agreement 4 5. Parties to the Agreement and Coverage. 4 6. Relationship To Previous Industrial Instruments 4 7. No Extra Claims 8. Savings Clause .5 9. Individual Flexibility Arrangement 5 10. Anti-Discrimination. 5 11. Dispute Resolution 6 12. Secure Employment . 8 13. Types Of Employment. 8 14. Recruitment. 11 15. Right to Request Flexible Working Arrangements . 11 16. Management of Unsatisfactory Work Performance 12 17. Management Of Misconduct. 16 18. Termination Of Employment 19 19. Consultation 20 ). Redundancy 22 21. Rates Of Pay .. 23 22. Payment Of Wages 24 23. Superannuation 24 HSV Enterprise Agreement 2023 1 of 58 Public




 



24. Salary Packaging .................................................................................................................................................... 24 

25. Hours Of Work ........................................................................................................................................................ 25 

26. Overtime .................................................................................................................................................................. 26 

27. Time Off In Lieu ....................................................................................................................................................... 26 

28. Meal And Rest Intervals ......................................................................................................................................... 26 

29. Annual Leave ..................................................................... ,., .................................................................................. 27 

30. Purchased Leave .................................................................................................................................................... 28 

31. Personal Leave ....................................................................................................................................................... 28 

32. Compassionate Leave ............................................................................................................................................ 30 

33. Long Service Leave ................................................................................................................................................ 31 

34. Parental Leave ........................................................................................................................................................ 33 

35. Family Violence Leave ........................................................................................................................................... 42 

36. Leave Without Pay .................................................................................................................................................. 44 

37. Special Leave .......................................................................................................................................................... 44 

38. Cultural And Ceremonial Leave ............................................................................................................................. 44 

39. Professional Development/Study Leave ............................................................................................................... 45 

40. Blood Donor Leave ................................................................................................................................................. 46 

41. Community Service Leave ..................................................................................................................................... 46 

42. Public Holidays ....................................................................................................................................................... 47 

43. Higher Duties Allowance ........................................................................................................................................ 48 

44. Travelling Allowances ........ , ................................................................................................................................... 48 

45. Accident Make-Up Pay ........................................................................................................................................... 48 

46. Occupational Health and Safety And Rehabilitation ........................................................................................... 49 

47. Industrial Relations Training ................................................................................................................................. 51 

48. Agreement Compliance and Union Related Matters ............................................................................................ 51 

49. Gender equality ................................................................... , ...................................................... , ............................ 52 

Schedule A Classification Band Levels ....................................................................................................................... 55 

Schedule 8 Rates Of Pay .............................................................................................................................................. 57 

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24. Salary Packaging. 24 25. Hours Of Work 25 26. Overtime 26 27. Time Off In Lieu .. 26 28. Meal And Rest Intervals 26 . Annual Leave .27 30. Purchased Leave 28 31. Personal Leave 28 32. Compassionate Leave. 30 33. Long Service Leave .31 34. Parental Leave 33 35. Family Violence Leave 42 36. Leave Without Pay 44 37. Special Leave .. 44 38. Cultural And Ceremonial Leave 44 39. Professional Development/Study Leave. 45 40. Blood Donor Leave. 46 41. Community Service Leave. 46 42. Public Holidays 47 43. Higher Duties Allowance. 48 44. Travelling Allowances . 48 45. Accident Make-Up Pay 48 6. Occupational Health and Safety And Rehabilitation 49 47. Industrial Relations Training .... 51 48. Agreement Compliance and Union Related Matters. 51 49. Gender equality ... 52 Schedule A Classification Band Levels 55 Schedule B Rates Of Pay 57 HSV Enterprise Agreement 2023 2 of 58 Public




 



3. Definitions 

1.1. In this Agreement, the following terms have the corresponding meanings: 

(a) Acceptable evidence means: 

• a medical certificate from a legally qualified and registered medical/health 
practitioner issued within the practitioner's scope of practice; 

• if it is not reasonably practicable for the Employee to give the Employer a medical 
certificate, a statutory declaration made by the Employee; or 

• any other form of evidence that the Employer agrees to accept. 

(b) Act means the Fair Work Act 2009 (Cth). 
(c) Agreement means the Health Share Victoria Enterprise Agreement 2023. 
(d) Board means the HSV Board as appointed by the Minister for Health. 
(e) Casual Employee has the meaning given to it under section 15A of the Act. 
(f) Classification Level means a Classification Band Level as provided for and described in 

this in Schedule A of this Agreement. 
(g) De facto partner means a person who lives with the Employee on a bona fide domestic 

basis although not legally married to the Employee and includes a former de facto partner. 
(h) Employee means a person who is employed subject to the terms and conditions of this 

Agreement and appointed to a Classification Level provided for and described in this 
Agreement. 

(i) Employer or HSV means Health Purchasing Victoria trading as HealthShare Victoria. 
O) Excessive Annual Leave Accrual means an accrued annual leave entitlement of over 152 

hours. 
(k) FWC means Fair Work Commission. 
(I) Immediate family member of a person means: 

• a spouse or de facto partner, including a spouse or de facto partner from whom the 
person is separated, 

• child (including adopted child or step-child), parent (including parent in law), 
grandparent, grandchild, sibling (including sibling in law), niece or nephew of the 
person; 

• a household member of. or other person of significance to, the person. 

(m) Manager means an Employee's immediate supervisor. 
(n) Regular Casual Employee has the meaning given to it under section 12 of the Act. 
(o) Union or CPSU means the Community and Public Sector Union State Public Services 

Federation (SPSF) Group Victoria (CPSU). 
(p) Family and domestic violence means violent, threatening or other abusive behaviour by a 

close relative of a person, a member of the person's household, or a current or former 
intimate partner of a person, that: 

(i) seeks to coerce or control the employee; and 
(ii) causes the employee harm or to be fearful, 

(q) Close relative of a person means a person who: 

(i) is a member of the first person's immediate family; or 
(ii) is related to the first person according to Aboriginal or Torres Strait Islander kinship 

rules. 

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3. Definitions 1.1. In this Agreement, the following terms have the corresponding meanings: (a) Acceptable evidence means: · a medical certificate from a legally qualified and registered medical/health practitioner issued within the practitioner's scope of practice; · if it is not reasonably practicable for the Employee to give the Employer a medical certificate, a statutory declaration made by the Employee; or · any other form of evidence that the Employer agrees to accept. (b) Act means the Fair Work Act 2009 (Cth). (c) Agreement means the HealthShare Victoria Enterprise Agreement 2023. (d) Board means the HSV Board as appointed by the Minister for Health. (e) Casual Employee has the meaning given to it under section 15A of the Act. (f) Classification Level means a Classification Band Level as provided for and described in this in Schedule A of this Agreement. (g) De facto partner means a person who lives with the Employee on a bona fide domestic basis although not legally married to the Employee and includes a former de facto partner. (h) Employee means a person who is employed subject to the terms and conditions of this Agreement and appointed to a Classification Level provided for and described in this Agreement. (i) Employer or HSV means Health Purchasing Victoria trading as HealthShare Victoria. () Excessive Annual Leave Accrual means an accrued annual leave entitlement of over 152 hours. (k) (1) FWC means Fair Work Commission. Immediate family member of a person means: · a spouse or de facto partner, including a spouse or de facto partner from whom the person is separated, · child (including adopted child or step-child), parent (including parent in law), grandparent, grandchild, sibling (including sibling in law), niece or nephew of the person; · a household member of. or other person of significance to, the person. (m) Manager means an Employee's immediate supervisor. (n) Regular Casual Employee has the meaning given to it under section 12 of the Act. (0) Union or CPSU means the Community and Public Sector Union State Public Services Federation (SPSF) Group Victoria (CPSU). (p) Family and domestic violence means violent, threatening or other abusive behaviour by a close relative of a person, a member of the person's household, or a current or former intimate partner of a person, that: (i) seeks to coerce or control the employee; and (ii) causes the employee harm or to be fearful, (9) Close relative of a person means a person who: (i) is a member of the first person's immediate family; or (ii) is related to the first person according to Aboriginal or Torres Strait Islander kinship rules. HSV Enterprise Agreement 2023 3 of 58 Public




 



4. Commencement of the Agreement 

4.1. This Agreement will commence operation seven (7) days after it is approved by the FWC and will 
have a nominal expiry date of 30 June 2024. 

4.2. This Agreement will continue in force after the expiry date in accordance with the Act. 

5. Parties to the Agreement and Coverage 

5.1. This Agreement covers all Employees employed by Health Purchasing Victoria trading as 
HealthShare Victoria ('the Employer') within the classifications set out in Schedule A. 

5.2. This Agreement does not cover: 

(a) any Employee who is covered by the Health and Allied Services, Managers and 
Administrative Workers (Victorian Public Sector) (Single Interest Employers) Enterprise 
Agreement 2021-2025, or any subsequent agreement or; 

(b) any Employee who is classified as an executive within the meaning of the Government 
Sector Employment Remuneration Panel. 

5.3. For the avoidance of doubt in interpreting this clause: 

(a) the Board, the Chief Executive and the Executive Leadership Team; and 
(b) any Employee engaged to work in a warehousing or logistics role and whose usual place of 

work is a warehouse facility operated by the Employer and who is covered by the Health and 
Allied Services, Managers and Administrative Workers (Victorian Public Sector) (Single 
Interest Employers) Enterprise Agreement 2021-2025, or any subsequent agreement or shall 
not be covered by this agreement. 

5.4. The Union shall be covered by this Agreement provided that it meets the notice requirements as 
prescribed by the Act and the FWC notes in its decision to approve the Agreement that the 
Agreement covers the Union. 

6. Relationship To Previous Industrial Instruments 

6.1 This Agreement operates to the exclusion of any award, agreement or workplace determination 
which previously applied to the Employees. 

6.2 The National Employment Standards and this Agreement contain the minimum conditions of 
employment for employees covered by this Agreement. This Agreement may provide for conditions 
in excess of (but not below) the NES. 

7. No Extra Claims 

7,1. The Employees and Employer bound by this Agreement acknowledge that this Agreement settles 
all claims in relation to the terms and conditions of employment of the Employees to whom it 
applies and agree that they will not pursue any extra claims until the nominal expiry date of this 
Agreement. 

7,2, Subject to the provisions of the Agreement and contracts of employment it is not the intent of this 
clause to restrict, inhibit or limit the Employer's prerogative to introduce change at the workplace. 

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4. Commencement of the Agreement 4.1. This Agreement will commence operation seven (7) days after it is approved by the FWC and will have a nominal expiry date of 30 June 2024. 4.2. This Agreement will continue in force after the expiry date in accordance with the Act. 5. Parties to the Agreement and Coverage 5.1. This Agreement covers all Employees employed by Health Purchasing Victoria trading as HealthShare Victoria ('the Employer') within the classifications set out in Schedule A. 5.2. This Agreement does not cover: (a) any Employee who is covered by the Health and Allied Services, Managers and Administrative Workers (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2021-2025, or any subsequent agreement or; (b) any Employee who is classified as an executive within the meaning of the Government Sector Employment Remuneration Panel. 5.3. For the avoidance of doubt in interpreting this clause: (a) the Board, the Chief Executive and the Executive Leadership Team; and (b) any Employee engaged to work in a warehousing or logistics role and whose usual place of work is a warehouse facility operated by the Employer and who is covered by the Health and Allied Services, Managers and Administrative Workers (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2021-2025, or any subsequent agreement or shall not be covered by this agreement. 5.4. The Union shall be covered by this Agreement provided that it meets the notice requirements as prescribed by the Act and the FWC notes in its decision to approve the Agreement that the Agreement covers the Union. 6. Relationship To Previous Industrial Instruments 6.1 This Agreement operates to the exclusion of any award, agreement or workplace determination which previously applied to the Employees. 6.2 The National Employment Standards and this Agreement contain the minimum conditions of employment for employees covered by this Agreement. This Agreement may provide for conditions in excess of (but not below) the NES. 7. No Extra Claims 7.1. The Employees and Employer bound by this Agreement acknowledge that this Agreement settles all claims in relation to the terms and conditions of employment of the Employees to whom it applies and agree that they will not pursue any extra claims until the nominal expiry date of this Agreement. 7.2. Subject to the provisions of the Agreement and contracts of employment it is not the intent of this clause to restrict, inhibit or limit the Employer's prerogative to introduce change at the workplace. HSV Enterprise Agreement 2023 4 of 58 Public




 



8. Savings Clause 

8.1. No Employee shall suffer any loss of diminution of wages of entitlements (whether accrued or 
otherwise) or terms and conditions of employment in place immediately prior to the commencement 
of this Agreement by reason only of the coming into force of this Agreement. 

8.2. The parties acknowledge that this Agreement reflects entitlements that are prescribed by the 
National Employment Standards (NES) in the Act. These include but are not limited to annual 
leave. 

9. Individual Flexibility Arrangement 

9.1. An Employee and the Employer may enter into an individual flexibility arrangement pursuant to this 
clause in order to meet the genuine needs of both the Employee and the Employer. An individual 
flexibility arrangement must be genuinely agreed to by the Employee and Employer. 

9.2. An individual flexibility arrangement may vary the effect of clause 25. 

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

9.4. The Employer must ensure that the terms of the individual flexibility arrangement: 

(a) are about permitted matters under section 172 of the Act; and 
(b) are not unlaw1ul terms under section 194 of the Act; and 
(c) result in the Employee being better off overall than the Employee would be if no arrangement 

was made. 

9.5. The Employer must ensure that an individual flexibility arrangement is in writing and signed by the 
Employee and Employer. 

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

9.7. The Employer must ensure that any individual flexibility arrangement sets out: 

(a) which terms of this Agreement will be affected or varied by the individual flexibility 
arrangement; 

(b) how the individual flexibility arrangement will vary or affect the terms of this Agreement; 
(c) how the Employee will be better off overall in relation to the terms and conditions of her/his 

employment as a result of the individual flexibility arrangement; 
(d) the day on which the individual flexibility arrangement commences; and 
(e) provisions for the individual flexibility arrangement to be terminated: 

(i) by either the Employee or Employer giving a specific period of written notice, with the 
specified period being not more than 28 days; and 

(ii} at any time by written agreement between the Employee and Employer. 

10. Anti-Discrimination 

10.1. It is the intention of the Parties covered by this Agreement to achieve the principal object in section 
336(1 }(c} of the Act through respecting and valuing the diversity of the workforce by helping to 
prevent and eliminate discrimination on the basis of age, breastfeeding, disability, employment 
activity, gender identity, industrial activity, law1ul sexual activity, marital status, parental status or 
status as a carer, physical features, political belief or activity, pregnancy, race (including colour, 
nationality, ethnicity and ethnic origin}, religious belief or activity, sex, sexual orientation, and 
personal association with someone who has, or is assumed to have, any of these personal 
characteristics. 

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8. Savings Clause 8.1. No Employee shall suffer any loss of diminution of wages of entitlements (whether accrued or otherwise) or terms and conditions of employment in place immediately prior to the commencement of this Agreement by reason only of the coming into force of this Agreement. 8.2 The parties acknowledge that this Agreement reflects entitlements that are prescribed by the National Employment Standards (NES) in the Act. These include but are not limited to annual leave. 9. Individual Flexibility Arrangement 9.1. An Employee and the Employer may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of both the Employee and the Employer. An individual flexibility arrangement must be genuinely agreed to by the Employee and Employer. 9.2. An individual flexibility arrangement may vary the effect of clause 25. 9.3. An Employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 9.4. The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.5. The Employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee and Employer. 9.6. The Employer must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to. 9.7. The Employer must ensure that any individual flexibility arrangement sets out: (a) which terms of this Agreement will be affected or varied by the individual flexibility arrangement; (b) how the individual flexibility arrangement will vary or affect the terms of this Agreement; (c) how the Employee will be better off overall in relation to the terms and conditions of her/his employment as a result of the individual flexibility arrangement; (d) the day on which the individual flexibility arrangement commences; and (e) provisions for the individual flexibility arrangement to be terminated: (i) by either the Employee or Employer giving a specific period of written notice, with the specified period being not more than 28 days; and (ii) at any time by written agreement between the Employee and Employer. 10. Anti-Discrimination 10.1. It is the intention of the Parties covered by this Agreement to achieve the principal object in section 336(1)(c) of the Act through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of age, breastfeeding, disability, employment activity, gender identity, industrial activity, lawful sexual activity, marital status, parental status or status as a carer, physical features, political belief or activity, pregnancy, race (including colour, nationality, ethnicity and ethnic origin), religious belief or activity, sex, sexual orientation, and personal association with someone who has, or is assumed to have, any of these personal characteristics. HSV Enterprise Agreement 2023 5 of 58 Public




 



10.2. Accordingly, in fulfilling their obligations under the procedures in clause 11 the Parties must make 
every endeavour to ensure that neither the Agreement provisions nor their operation are directly or 
indirectly discriminatory in their effects. 

10.3. Nothing in this clause is to be taken to affect: 

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

(b) an Employee, Employer or Union pursuing matters of discrimination in any State or Federal 
jurisdiction, including by application to the Australian Human Rights Commission; or 

(c) the exceptions in section 351(2) and 772(2) of the Act or the operation of sections 772(3) 
and 772(4) of the Act. 

10.4. The Employer will act in accordance with its obligations under: 

(a) the Equal Opportunity Act 2010 (Vic); and 
(b) the Victorian Charter of Human Rights and Responsibilities. 

These obligations apply to the Employer but do not form part of the Agreement. 

i 1. Dispute Resolution 

11.1. Disputes 

(a) Unless otherwise provided for in this Agreement, a dispute about a matter arising under this 
Agreement or the National Employment Standards, other than termination of employment, 
must be dealt with in accordance with this clause. This includes a dispute about whether an 
Employer had reasonable grounds to refuse a request for flexible working conditions under 
clause 15 or an application to extend unpaid parental leave under clause 0. 

(b) For the avoidance of doubt, this clause does not apply to any dispute on a matter or matters 
arising in the course of bargaining in relation to a proposed Enterprise Agreement. 

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

11.2. Obligations 

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

(b) Whilst a dispute is being dealt with in accordance with this clause, work must continue in 
accordance with usual practice, provided that this does not apply: 

(i) to an employee who has a reasonable concern about an imminent risk to her/his 
health or safety, has advised the Employer of this concern and has not unreasonably 
failed to comply with a direction by the Employer to perform other available work that 
is safe and appropriate for the Employee to perform; or 

(ii) where an Employee has been suspended in accordance with clause 17. 

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

11.3. Agreement and dispute settlement facilitation 

(a) For the purposes of compliance with this Agreement (including compliance with this dispute 
procedure) where the chosen Employee representative is another Employee of the 
Employer, she/he must be given reasonable opportunity to enable her/him to represent 
Employees concerning matters pertaining to the employment relationship including but not 
limited to: 

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10.2. Accordingly, in fulfilling their obligations under the procedures in clause 11 the Parties must make every endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 10.3. Nothing in this clause is to be taken to affect: (a) any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation; (b) an Employee, Employer or Union pursuing matters of discrimination in any State or Federal jurisdiction, including by application to the Australian Human Rights Commission; or (c) the exceptions in section 351(2) and 772(2) of the Act or the operation of sections 772(3) and 772(4) of the Act. 10.4. The Employer will act in accordance with its obligations under: (a) the Equal Opportunity Act 2010 (Vic); and (b) the Victorian Charter of Human Rights and Responsibilities. These obligations apply to the Employer but do not form part of the Agreement. 11. Dispute Resolution 11.1. Disputes (a) Unless otherwise provided for in this Agreement, a dispute about a matter arising under this Agreement or the National Employment Standards, other than termination of employment, must be dealt with in accordance with this clause. This includes a dispute about whether an Employer had reasonable grounds to refuse a request for flexible working conditions under clause 15 or an application to extend unpaid parental leave under clause 0. (b) For the avoidance of doubt, this clause does not apply to any dispute on a matter or matters arising in the course of bargaining in relation to a proposed Enterprise Agreement. (c) The Employer or an Employee covered by this Agreement may choose to be represented at any stage by a representative, including an Employer or Employee organisation. 11.2. Obligations (a) The parties to the dispute, and their representatives, must genuinely attempt to resolve the dispute through the processes set out in this clause and must cooperate to ensure that these processes are carried out expeditiously. (b) Whilst a dispute is being dealt with in accordance with this clause, work must continue in accordance with usual practice, provided that this does not apply: (i) to an employee who has a reasonable concern about an imminent risk to her/his health or safety, has advised the Employer of this concern and has not unreasonably failed to comply with a direction by the Employer to perform other available work that is safe and appropriate for the Employee to perform; or (ii) where an Employee has been suspended in accordance with clause 17. (c) No person covered by the Agreement will be prejudiced as to the final settlement of the dispute by the continuance of work in accordance with this clause. 11.3. Agreement and dispute settlement facilitation (a) For the purposes of compliance with this Agreement (including compliance with this dispute procedure) where the chosen Employee representative is another Employee of the Employer, she/he must be given reasonable opportunity to enable her/him to represent Employees concerning matters pertaining to the employment relationship including but not limited to: HSV Enterprise Agreement 2023 6 of 58 Public




 



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

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

(iii) participating in conciliation, arbitration or agreed alternative dispute resolution 
process. 

(b) Any release from normal duties is subject to the proviso that it does not unduly affect the 
operations of the Employer. 

11.4. Discussion of dispute 

(a) The dispute must first be discussed by the aggrieved Employee(s) with the immediate 
supervisor of the Employee(s) or another person nominated by the Employee and 
acceptable to the Employer. 

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

11.5. Internal process 

(a) If any party to the dispute who is covered by the Agreement refers the dispute to an 
established internal dispute 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: 

(i) the rules of natural justice; 
(ii) appropriate mediation or conciliation of the dispute is provided; 
(iii) any views on who should conduct the review shall be considered by the Employer; 

and 
(iv) the process is conducted as quickly, and with as little formality, as a proper 

consideration of the matter allows. 

(b) If the dispute is not settled through an internal dispute resolution process, and despite each 
party exercising reasonable efforts there is no likelihood of agreement on the settlement of 
the dispute, a party to the dispute may refer the dispute to FWC for conciliation and if the 
matter remains unresolved, arbitration. 

11.6. Disputes of a collective character 

(a) The parties covered by the Agreement acknowledge that disputes of a collective character 
concerning more than one (1) Employee may be dealt with more expeditiously by an early 
reference to FWC. 

(b) No dispute of a collective character may be referred to FWC directly unless there has been a 
genuine attempt to resolve the dispute at the workplace level and each party has exercised 
reasonable efforts to resolve the dispute and only if, following such efforts, there is no 
likelihood of agreement on the settlement of the dispute. 

11.7. Conciliation 

(a) Where a dispute is referred for conciliation, a member of FWC may arrange for whatever 
process the member considers may assist in resolving the dispute to occur, including: 

(i) making recommendations to a party, or both parties; 
(ii) arranging conferences of the parties to the dispute presided over by the member; and 
(iii) arranging for the parties to the dispute to confer among themselves at conferences at 

which the member is not present. 

(b) Conciliation before FWC shall be regarded as completed when: 

(i) the parties to the dispute have informed the FWC member they have reached 
agreement on the settlement of the dispute; or 

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(i) investigating the circumstances of a dispute or an alleged breach of this Agreement or the National Employment Standards; (ii) endeavouring to resolve a dispute arising out of the operation of the Agreement or the National Employment Standards; or, (iii) participating in conciliation, arbitration or agreed alternative dispute resolution process. (b) Any release from normal duties is subject to the proviso that it does not unduly affect the operations of the Employer. 11.4. Discussion of dispute (a) The dispute must first be discussed by the aggrieved Employee(s) with the immediate supervisor of the Employee(s) or another person nominated by the Employee and acceptable to the Employer. (b) If the matter is not settled, the Employee(s) can require that the matter be discussed with another representative of the Employer appointed for the purposes of this procedure. 11.5 Internal process (a) If any party to the dispute who is covered by the Agreement refers the dispute to an established internal dispute 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: (i) the rules of natural justice; (ii) appropriate mediation or conciliation of the dispute is provided; any views on who should conduct the review shall be considered by the Employer; and (iv) the process is conducted as quickly, and with as little formality, as a proper consideration of the matter allows. (b) If the dispute is not settled through an internal dispute resolution process, and despite each party exercising reasonable efforts there is no likelihood of agreement on the settlement of the dispute, a party to the dispute may refer the dispute to FWC for conciliation and if the matter remains unresolved, arbitration. 11.6. Disputes of a collective character (a) The parties covered by the Agreement acknowledge that disputes of a collective character concerning more than one (1) Employee may be dealt with more expeditiously by an early reference to FWC. (b) No dispute of a collective character may be referred to FWC directly unless there has been a genuine attempt to resolve the dispute at the workplace level and each party has exercised reasonable efforts to resolve the dispute and only if, following such efforts, there is no likelihood of agreement on the settlement of the dispute. 11.7. Conciliation (a) Where a dispute is referred for conciliation, a member of FWC may arrange for whatever process the member considers may assist in resolving the dispute to occur, including: (i) making recommendations to a party, or both parties; (ii) arranging conferences of the parties to the dispute presided over by the member; and (iii) arranging for the parties to the dispute to confer among themselves at conferences at which the member is not present. (b) Conciliation before FWC shall be regarded as completed when: (i) the parties to the dispute have informed the FWC member they have reached agreement on the settlement of the dispute; or HSV Enterprise Agreement 2023 7 of 58 Public




 



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

(iii) the parties to the dispute have informed the FWC member that there is no likelihood of 
agreement on the settlement of the dispute and the member does not have substantial 
reason to refuse to regard the conciliation proceedings as completed. 

11.8. Arbitration 

(a) If the dispute has not been settled when conciliation has been completed, either party to the 
dispute may request that FWC proceeds to determine the dispute by arbitration. 

(b) Where a member of FWC has exercised conciliation powers in relation to the dispute, the 
member shall not exercise, or take part in the exercise of, arbitration powers in relation to the 
dispute if a party to the dispute objects to the member doing so. 

(c) Subject to clause 11.9 below, the determination of FWC is binding upon the persons 
covered by this Agreement. 

(d) An appeal lies to a Full Bench of FWC, with the leave of the Full Bench, against a 
determination of a single member of FWC made pursuant to this clause. 

11.9. Conduct of matters before FWC 

Subject to any agreement between the parties to the dispute in relation to a particular dispute and 
the provisions of this clause, in dealing with a dispute through conciliation or arbitration, FWC may 
conduct the matter in accordance with Subdivision B of Division 3 of Part 5-1 of the Act. 

12. Secure Employment 

12.1. The Employer acknowledges the positive impact that secure employment has on Employees and 
the provision of quality services to the Victorian community. 

12,2. The Employer will employ staff on an ongoing basis of employment, over casual and fixed term 
arrangements. Employment on a fixed term basis will meet the criteria as outlined in clause 13.7. 

12.3. Where a Union or affected Employees identify fixed term or casual employment that is considered 
not to meet the criteria established in clause 13.7 and clause 13.8, the affected Employees will 
refer the matter to the Employer. If the parties cannot resolve the matter, it will be dealt with under 
clause 11, 

13. Types Of Employment 

13.1. Basis of Employment 

(a) Employees may be employed on: 

(i) an ongoing basis; 
(ii) a fixed term basis: or 
(iii) a casual basis. 

13.2. Casual conversion 

(a) Casual Employees who have been employed for at least 12 months may be eligible to 
convert to ongoing employment in accordance with the requirements under Division 4A Part 
2-2 of the Act. 

(b) For an Employee who has had their employment converted as referred to in clause 13.2{a), 
any period for which the Employee was a Regular Casual Employee of the Employer is 
taken to be Continuous Service for the purposes of clause 0. 

HSV Enterprise Agreement 2023 8 of 58 Public 


(ii) the member of FWC conducting the conciliation has, either of their own motion or after an application by either party, satisfied themselves that there is no likelihood that within a reasonable period, further conciliation will result in a settlement; or (iii) the parties to the dispute have informed the FWC member that there is no likelihood of agreement on the settlement of the dispute and the member does not have substantial reason to refuse to regard the conciliation proceedings as completed. 11.8. Arbitration (a) If the dispute has not been settled when conciliation has been completed, either party to the dispute may request that FWC proceeds to determine the dispute by arbitration. (b) Where a member of FWC has exercised conciliation powers in relation to the dispute, the member shall not exercise, or take part in the exercise of, arbitration powers in relation to the dispute if a party to the dispute objects to the member doing so. (c) Subject to clause 11.9 below, the determination of FWC is binding upon the persons covered by this Agreement. (d) An appeal lies to a Full Bench of FWC, with the leave of the Full Bench, against a determination of a single member of FWC made pursuant to this clause. 11.9. Conduct of matters before FWC Subject to any agreement between the parties to the dispute in relation to a particular dispute and the provisions of this clause, in dealing with a dispute through conciliation or arbitration, FWC may conduct the matter in accordance with Subdivision B of Division 3 of Part 5-1 of the Act. 12. Secure Employment 12.1. The Employer acknowledges the positive impact that secure employment has on Employees and the provision of quality services to the Victorian community. 12.2 The Employer will employ staff on an ongoing basis of employment, over casual and fixed term arrangements. Employment on a fixed term basis will meet the criteria as outlined in clause 13.7. 12.3. Where a Union or affected Employees identify fixed term or casual employment that is considered not to meet the criteria established in clause 13.7 and clause 13.8, the affected Employees will refer the matter to the Employer. If the parties cannot resolve the matter, it will be dealt with under clause 11. 13. Types Of Employment 13.1. Basis of Employment (a) Employees may be employed on: (i) an ongoing basis; (ii) a fixed term basis; or (iii) a casual basis. 13.2. Casual conversion (a) Casual Employees who have been employed for at least 12 months may be eligible to convert to ongoing employment in accordance with the requirements under Division 4A Part 2-2 of the Act. (b) For an Employee who has had their employment converted as referred to in clause 13.2(a). any period for which the Employee was a Regular Casual Employee of the Employer is taken to be Continuous Service for the purposes of clause 0. HSV Enterprise Agreement 2023 8 of 58 Public




 



13.3. Usual Place of Work 

(a) The Employer must determine a usual place or places of work for the Employee. 

13.4. Job Information 

(a) As soon as practicable after the commencement of employment, the Employee will be 
provided in writing or electronically with details of the job title, classification level and job 
statement for her/his position. 

(b) A fixed term Employee must be provided in writing or electronically the reason for their fixed 
term employment consistent with clause 13.7. 

(c) The Employee will carry out the duties described in the job statement and such other duties 
as directed consistent with their skills and classification descriptors. 

(d) The Employer will provide the Employee with a copy of this Agreement and information 
regarding the role of Unions and/or Union delegates under the terms of this Agreement. 

(e) The Employer will ensure that an induction process is developed and maintained for the 
purpose of educating new Employees about HSV structures and policies within the 
framework of employment at HSV. The Employer will ensure that Unions are provided with 
an opportunity to explain their role and functions in consultative and dispute resolution 
processes provided for under this Agreement. 

13.5. Probationary Period - New Employee 

(a) The Employer may appoint an Employee on a probationary basis. A Casual Employee 
cannot be appointed on a probationary basis. 

(b) The period of probation shall be a reasonable period having regard to the nature of the 
position but, subject to clause 13.S(d) shall be no more than six (6) months. 

(c) A person initially employed at HSV on a fixed term basis who is subsequently employed at 
HSV on an ongoing basis shall have the fixed term employment taken into account in the 
determination of any probationary period. 

(d) Performance during probation 

(i) If conduct or performance issues are identified during the probationary period, the 
Employer shall counsel the Employee during the probationary period in relation to 
her/his conduct or performance and shall provide a written record of such counselling 
to the Employee. 

(ii) The probationary period may be extended by a period of not more than three (3) 
months to allow the Employee to address performance issues. 

(iii) The probationary period may also be extended by not more than three (3) months if 
non-attendance at work limits the Employer's ability to properly assess an Employee. 

(e) Confirmation of employment 

Unless the employment is terminated earlier in accordance with clause 13.S(f), at the end of 
the period of probation the Employer shall confirm the Employee's appointment in writing. 

(f) Termination of employment 

(i) A probationary Employee may resign at any time by giving a minimum of two (2) 
weeks' written notice to the Employer, or a shorter period that is agreed with the 
Employer. 

(ii) In the event that the Employee's conduct or performance during the probationary 
period is unsatisfactory, the Employer may terminate the probationary Employee's 
employment by giving two (2) weeks' notice or two (2) weeks' pay in lieu of notice. 

(iii) For the avoidance of doubt, any notice period must be given no later than two (2) 
weeks' prior to the end of the period of probation. Alternatively, the Employee's 
employment may be terminated by giving two (2) weeks' pay in lieu of notice prior to 
the end of the probationary period. 

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13.3. Usual Place of Work (a) The Employer must determine a usual place or places of work for the Employee. 13.4. Job Information (a) As soon as practicable after the commencement of employment, the Employee will be provided in writing or electronically with details of the job title, classification level and job statement for her/his position. (b) A fixed term Employee must be provided in writing or electronically the reason for their fixed term employment consistent with clause 13.7. (c) The Employee will carry out the duties described in the job statement and such other duties as directed consistent with their skills and classification descriptors. (d) The Employer will provide the Employee with a copy of this Agreement and information regarding the role of Unions and/or Union delegates under the terms of this Agreement. (e) The Employer will ensure that an induction process is developed and maintained for the purpose of educating new Employees about HSV structures and policies within the framework of employment at HSV. The Employer will ensure that Unions are provided with an opportunity to explain their role and functions in consultative and dispute resolution processes provided for under this Agreement. 13.5. Probationary Period - New Employee (a) The Employer may appoint an Employee on a probationary basis. A Casual Employee cannot be appointed on a probationary basis. (b) The period of probation shall be a reasonable period having regard to the nature of the position but, subject to clause 13.5(d) shall be no more than six (6) months. (c) A person initially employed at HSV on a fixed term basis who is subsequently employed at HSV on an ongoing basis shall have the fixed term employment taken into account in the determination of any probationary period. (d) Performance during probation (i) If conduct or performance issues are identified during the probationary period, the Employer shall counsel the Employee during the probationary period in relation to her/his conduct or performance and shall provide a written record of such counselling to the Employee. (ii) The probationary period may be extended by a period of not more than three (3) months to allow the Employee to address performance issues. (iii) The probationary period may also be extended by not more than three (3) months if non-attendance at work limits the Employer's ability to properly assess an Employee. (e) Confirmation of employment Unless the employment is terminated earlier in accordance with clause 13.5(f), at the end of the period of probation the Employer shall confirm the Employee's appointment in writing. (f) Termination of employment (i) A probationary Employee may resign at any time by giving a minimum of two (2) weeks' written notice to the Employer, or a shorter period that is agreed with the Employer. (ii) In the event that the Employee's conduct or performance during the probationary period is unsatisfactory, the Employer may terminate the probationary Employee's employment by giving two (2) weeks' notice or two (2) weeks' pay in lieu of notice. (iii) For the avoidance of doubt, any notice period must be given no later than two (2) weeks' prior to the end of the period of probation. Alternatively, the Employee's employment may be terminated by giving two (2) weeks' pay in lieu of notice prior to the end of the probationary period. HSV Enterprise Agreement 2023 9 of 58 Public




 



(iv) A probationary Employee's employment may be terminated without notice or with 
payment in lieu of notice if the Employee has committed any act of serious misconduct 
(as defined in regulation 1.07 of the Fair Work Regulations 2009). 

13.6. Part-Time Employment 

(a) Provisions relating to salary, leave and all other entitlements contained within this Agreement 
apply to part-time Employees on a pro rata basis calculated on the number of ordinary hours 
worked. 

(b) Part-time employment is for not less than three (3) consecutive hours in any day worked 
except: 

(i) where the Employee works from home by agreement with the Employer; or 
(ii) with the agreement of the Employee. 

(c) Part-time employment may be worked only by agreement between the Employee and the 
Employer, where a written agreement specifies: 

(i) the days in each week the Employee will work; 
(ii) the start and finish times on the days which the Employee will work; 
(iii) the number of hours the Employee will work on each day she/he works; and 
(iv) agreed processes for the variation of hours of work. 

13.7. Use of Fixed Term Employment 

(a) The Employer will not use fixed term contract positions for the purpose of undermining the 
job security or conditions of ongoing Employees. The Employer will ensure fixed term 
contract positions comply with the relevant sections of the Fair Work Act 2009. 

(b) In accordance with the principle set out in clause 13.7(a), the use of fixed term employment 
in all areas covered by this Agreement is limited to when: 

(i) The role is not funded for the delivery of HSV's core ongoing requirements, and 
therefore it is required to undertake a specified task and/or funded for a specified 
period; e.g. a specific project; 

(ii) The role is required as a temporary backfill: 

, Replacement of Employees on approved leave; e.g. Parental Leave; 
• To fill a vacancy resulting from an Employee undertaking a temporary assignment 

or secondment; 
• To fill a vacant role while a review of an area is undertaken, provided that such 

appointment does not exceed a period of 12 months; 
, Whilst recruitment for an ongoing role is undertaken. 
• The role is required for meeting fluctuating customer and business needs and 

unexpected increased workloads on a temporary basis. 

13.8. Use of Casual Employment 

(a) The Employer will not use casual labour for the purpose of undermining the job security of 
ongoing Employees, for the purpose of turning over a series of casual workers to fill an 
ongoing employment vacancy or as a means of avoiding obligations under this Agreement. 

(b) In accordance with the principle set out in clause 13.S(a), the employment of casuals in all 
areas covered by this Agreement is limited to meeting short-term work demands or specialist 
skill requirements which are not continuing and would not be anticipated- to be met by 
existing Employee levels. 

(c) Casual employment will be for not less than three (3) consecutive hours in any day worked 
except: 

(i) where the Employee works from home by agreement with the Employer; or 

HSV Enterprise Agreement 2023 10 of 58 Public 


(iv) A probationary Employee's employment may be terminated without notice or with payment in lieu of notice if the Employee has committed any act of serious misconduct (as defined in regulation 1.07 of the Fair Work Regulations 2009). 13.6. Part-Time Employment (a) Provisions relating to salary, leave and all other entitlements contained within this Agreement apply to part-time Employees on a pro rata basis calculated on the number of ordinary hours worked. (b) Part-time employment is for not less than three (3) consecutive hours in any day worked except: (i) where the Employee works from home by agreement with the Employer; or (ii) with the agreement of the Employee. (c) Part-time employment may be worked only by agreement between the Employee and the Employer, where a written agreement specifies: (i) the days in each week the Employee will work; (ii) the start and finish times on the days which the Employee will work; (iii) the number of hours the Employee will work on each day she/he works; and (iv) agreed processes for the variation of hours of work. 13.7. Use of Fixed Term Employment (a) The Employer will not use fixed term contract positions for the purpose of undermining the job security or conditions of ongoing Employees. The Employer will ensure fixed term contract positions comply with the relevant sections of the Fair Work Act 2009. (b) In accordance with the principle set out in clause 13.7(a), the use of fixed term employment in all areas covered by this Agreement is limited to when: (i) The role is not funded for the delivery of HSV's core ongoing requirements, and therefore it is required to undertake a specified task and/or funded for a specified period; e.g. a specific project; (ii) The role is required as a temporary backfill: · Replacement of Employees on approved leave; e.g. Parental Leave; To fill a vacancy resulting from an Employee undertaking a temporary assignment or secondment; . To fill a vacant role while a review of an area is undertaken, provided that such appointment does not exceed a period of 12 months; Whilst recruitment for an ongoing role is undertaken. The role is required for meeting fluctuating customer and business needs and unexpected increased workloads on a temporary basis. 13.8. Use of Casual Employment (a) The Employer will not use casual labour for the purpose of undermining the job security of ongoing Employees, for the purpose of turning over a series of casual workers to fill an ongoing employment vacancy or as a means of avoiding obligations under this Agreement. (b) In accordance with the principle set out in clause 13.8(a), the employment of casuals in all areas covered by this Agreement is limited to meeting short-term work demands or specialist skill requirements which are not continuing and would not be anticipated- to be met by existing Employee levels. (c) Casual employment will be for not less than three (3) consecutive hours in any day worked except: (i) where the Employee works from home by agreement with the Employer; or HSV Enterprise Agreement 2023 10 of 58 Public




 



(ii) with the agreement of the Employee. 

(d) For each ordinary hour worked, a Casual Employee must be paid: 

(i) the ordinary hourly rate; and 
(ii) a loading of 25% of the ordinary hourly rate; 

for the classification in which they are employed. 

(e) The casual loading is paid instead of all paid leave other than long service leave, public 
holidays not worked and to compensate for the nature of casual work. 

(f} Except as expressly provided for, all other provisions of this Agreement apply to Casual 
Employees. 

14. Recruitment 

14.1. The Employer is committed to a fair and transparent recruitment process for Employees, whilst 
retaining the flexibility required to meet HSV's operational needs. 

15. Right to Request Flexible Working Arrangements 

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

(a) Are pregnant 
(b) the Employee is the parent, or has responsibility for the care, of a child who is of school age 

or younger; 
(c) the Employee is a carer (within the meaning of the Carer Recognition Act 2010); 
(d) the Employee has a disability; 
(e) the Employee is 55 or older; 
(f) the Employee is experiencing violence from a member of the Employee's family; 
(g) the Employee provides care or support to a member of the Employee's immediate family, or 

a member of the Employee's household, who requires care or support because the member 
is experiencing violence from the member's family. 

HSV will consider applications from Employees who do not meet the above criteria. 

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

15.2. To avoid doubt, and without limiting clause 15.1, an Employee who: 

(a) is a parent, or has responsibility for the care, of a child; and 
(b) is returning to work after taking leave in relation to the birth or adoption of the child, 

may request to work part-time or request a change in working arrangements to assist the 
Employee to care for the child. 

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

15.4. On receipt of a request by an Employee under this clause, the Employer must give the Employee a 
written response within 21 days, stating whether the Employer grants or refuses the request. 

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

15.6. Without limiting what are reasonable business grounds for the purposes of clause 15.5, 
reasonable business grounds include the following: 

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

HSV Enterprise Agreement 2023 11 of 58 Public 


(ii) with the agreement of the Employee. (d) For each ordinary hour worked, a Casual Employee must be paid: (i) the ordinary hourly rate; and (ii) a loading of 25% of the ordinary hourly rate; for the classification in which they are employed. (e) The casual loading is paid instead of all paid leave other than long service leave, public holidays not worked and to compensate for the nature of casual work (1) Except as expressly provided for, all other provisions of this Agreement apply to Casual Employees. 14. Recruitment 14.1. The Employer is committed to a fair and transparent recruitment process for Employees, whilst retaining the flexibility required to meet HSV's operational needs. 15. Right to Request Flexible Working Arrangements 15.1. In accordance with and pursuant to section 65 of the Act, an Employee may request a change in their working arrangements on the basis of the following circumstances: (a) Are pregnant (b) the Employee is the parent, or has responsibility for the care, of a child who is of school age or younger; (c) the Employee is a carer (within the meaning of the Carer Recognition Act 2010); (d) the Employee has a disability; (e) the Employee is 55 or older; (1) the Employee is experiencing violence from a member of the Employee's family; (g) the Employee provides care or support to a member of the Employee's immediate family, or a member of the Employee's household, who requires care or support because the member is experiencing violence from the member's family. HSV will consider applications from Employees who do not meet the above criteria. Note: Examples of changes in working arrangements include changes in hours of work, changes in patterns of work and changes in location of work. 15.2. To avoid doubt, and without limiting clause 15.1, an Employee who: (a) is a parent, or has responsibility for the care, of a child; and (b) is returning to work after taking leave in relation to the birth or adoption of the child, may request to work part-time or request a change in working arrangements to assist the Employee to care for the child. 15.3. A request made under this clause must be made in writing and set out details of the change sought and the reasons for the change. 15.4. On receipt of a request by an Employee under this clause, the Employer must give the Employee a written response within 21 days, stating whether the Employer grants or refuses the request. 15.5. The Employer may only refuse the request on reasonable business grounds. 15.6. Without limiting what are reasonable business grounds for the purposes of clause 15.5, reasonable business grounds include the following: (a) that the new working arrangements requested by the Employee would be too costly for the Employer; HSV Enterprise Agreement 2023 11 of 58 Public




 



(b) that there is no capacity to change the working arrangements of other Employees, or recruit 
new Employees, to accommodate the new working arrangements requested by the 
Employee; 

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

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

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

15.7. If the Employer refuses the request, the written response under clause 15.4 must 

(a) include details of the reasons for the refusal 
(b) set out the particular business grounds for refusing the request and how those grounds apply 

to the request; 
(c) either: 

(i) set out the changes (other than the requested change) that would accommodate the 
Employee's circumstances and that the Employer would be willing to make; or 

(ii) state that there are no such changes; and 

(d) setting out the effect of sections 65B and 65C of the Act, which allows the Fair Work 
Commission to deal with disputes, including by arbitration, about refusals to make a change 
in working arrangements under section 65 of the Act. 

16. Management of Unsatisfactory Work Performance 

16.1. The purpose of this clause is to: 

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

(b) ensure that unsatisfactory work performance is addressed expeditiously; 
(c) reflect HSV values and the public sector values of integrity, impartiality, accountability and 

respect with the aim of ensuring that Employees are treated fairly and reasonably; and 
(d) provide a fair and transparent framework for action to be taken where an Employee 

continues to perform below the Employer's expected standard. 

16.2. Application 

(a) Subject to applicable Victorian and Federal legislation, action taken by the Employer in 
relation to unsatisfactory work performance will be consistent with this clause. 

(b) This clause applies to all Employees except Casual Employees and Employees subject to a 
probationary period of employment. 

16.3. Referred unsatisfactory work performance matters 

The Employer may at any time elect, where there is reasonable cause, to manage the Employee's 
work performance in accordance with clause 17. Once an election has been made by the 
Employer under this clause, any matters that have arisen under the process in this clause may be 
considered in the process pursuant to clause 17. 

16.4. Meaning of unsatisfactory work performance 

An Employee's work performance is unsatisfactory 1f the Employee fails to behave in the ways 
described in the Code of Conduct for Victorian Public Sector Employees as issued under section 

HSV Enterprise Agreement 2023 12 of 58 Public 


(b) that there is no capacity to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employee; (c) that it would be impractical to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employee; (d) that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity; (e) that the new working arrangements requested by the Employee would be likely to have a significant negative impact on customer service. 15.7. If the Employer refuses the request, the written response under clause 15.4 must (a) include details of the reasons for the refusal (b) set out the particular business grounds for refusing the request and how those grounds apply to the request; (c) either: (i) set out the changes (other than the requested change) that would accommodate the Employee's circumstances and that the Employer would be willing to make; or (ii) state that there are no such changes; and (d) setting out the effect of sections 65B and 65C of the Act, which allows the Fair Work Commission to deal with disputes, including by arbitration, about refusals to make a change in working arrangements under section 65 of the Act. 16. Management of Unsatisfactory Work Performance 16.1. The purpose of this clause is to: (a) support Employees with unsatisfactory work performance to improve their performance to the required standard; (b) ensure that unsatisfactory work performance is addressed expeditiously; (c) reflect HSV values and the public sector values of integrity, impartiality, accountability and respect with the aim of ensuring that Employees are treated fairly and reasonably; and (d) provide a fair and transparent framework for action to be taken where an Employee continues to perform below the Employer's expected standard. 16.2. Application (a) Subject to applicable Victorian and Federal legislation, action taken by the Employer in relation to unsatisfactory work performance will be consistent with this clause. (b) This clause applies to all Employees except Casual Employees and Employees subject to a probationary period of employment. 16.3. Referred unsatisfactory work performance matters The Employer may at any time elect, where there is reasonable cause, to manage the Employee's work performance in accordance with clause 17. Once an election has been made by the Employer under this clause, any matters that have arisen under the process in this clause may be considered in the process pursuant to clause 17. 16.4. Meaning of unsatisfactory work performance An Employee's work performance is unsatisfactory if the Employee fails to behave in the ways described in the Code of Conduct for Victorian Public Sector Employees as issued under section HSV Enterprise Agreement 2023 12 of 58 Public




 



61 of the Public Administration Act 2004 or perform to the required standards or expectations of 
their role. 

16.5. Procedural fairness to apply 

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

(b) All parties involved in the process will commit to completing it as quickly as practicable. 
(c) Before commencing formal unsatisfactory work performance processes, the Employer must: 

(i) tell the Employee the purpose of the meeting; 
(ii) provide the Employee with a copy of the formal unsatisfactory work performance 

process to be followed as outlined in clause 16.9; 
(iii) provide a reasonable opportunity for the Employee to seek advice from the Union or a 

representative of their choice before the unsatisfactory work performance process 
commences; and 

(iv) allow the Employee the opportunity to provide details of any mitigating circumstances. 

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

16.6. Employee representation 

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

16.7. Prior to commencing the process 

Prior to commencing the formal unsatisfactory work performance process, the Employer must: 

(a) consider organisational or personal factors that play a role in the Employee's unsatisfactory 
work performance and consider alternatives to the unsatisfactory work performance process 
to address the problem; and 

(b) have a reasonable expectation that the Employee is capable of meeting the required level of 
performance. Where the Employer and Employee agree that the Employee is not capable of 
meeting the required level of perfonmance the Employer may transfer the Employee to a 
suitable alternative position where reasonably practicable. 

16.8. Commencing the formal unsatisfactory work performance process 

(a) Where the Employer considers that management of unsatisfactory work performance is 
required under this clause, the Employer may proceed to formally manage the Employee's 
unsatisfactory work performance in accordance with, but not limited to, all or some of the 
following measures: 

(i) increased supervision; 
(ii) changes to the Employee's performance plan; 
(iii) mentoring; 
(iv) training and professional development; 
(v) increased feedback; 
(vi) coaching; and 
(vii) performance improvement plan. 

16.9. First stage - formal counselling 

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

HSV Enterprise Agreement 2023 13 of 58 Public 


61 of the Public Administration Act 2004 or perform to the required standards or expectations of their role. 16.5. Procedural fairness to apply (a) The process for managing unsatisfactory work performance will be consistent with the principles of procedural fairness. (b) All parties involved in the process will commit to completing it as quickly as practicable. (c) Before commencing formal unsatisfactory work performance processes, the Employer must: (i) tell the Employee the purpose of the meeting; (ii) provide the Employee with a copy of the formal unsatisfactory work performance process to be followed as outlined in clause 16.9; (iii) provide a reasonable opportunity for the Employee to seek advice from the Union or a representative of their choice before the unsatisfactory work performance process commences; and (iv) allow the Employee the opportunity to provide details of any mitigating circumstances. (d) The Employer must take into account any reasonable explanation of any failure by the Employee to participate before making a decision under this clause. 16.6. Employee representation An Employee is entitled to be represented by a person of their choice (including a Union representative) at any stage of the formal review meetings of the unsatisfactory work performance management process. 16.7. Prior to commencing the process Prior to commencing the formal unsatisfactory work performance process, the Employer must: (a) consider organisational or personal factors that play a role in the Employee's unsatisfactory work performance and consider alternatives to the unsatisfactory work performance process to address the problem; and (b) have a reasonable expectation that the Employee is capable of meeting the required level of performance. Where the Employer and Employee agree that the Employee is not capable of meeting the required level of performance the Employer may transfer the Employee to a suitable alternative position where reasonably practicable. 16.8. Commencing the formal unsatisfactory work performance process (a) Where the Employer considers that management of unsatisfactory work performance is required under this clause, the Employer may proceed to formally manage the Employee's unsatisfactory work performance in accordance with, but not limited to, all or some of the following measures: (i) increased supervision; (ii) changes to the Employee's performance plan; (iii) mentoring; (iv) training and professional development; (v) increased feedback; (vi) coaching; and (vii) performance improvement plan. 16.9. First stage - formal counselling (a) The first stage of formal management of unsatisfactory work performance is formal counselling of the Employee. The Employer must: HSV Enterprise Agreement 2023 13 of 58 Public




 



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

(ii) outline the standard required of the Employee; 
(iii) provide the Employee with an opportunity to respond within a reasonable timeframe; 

and 
(iv) provide the Employee with an opportunity to improve within a reasonable timeframe. 

(b} The Employee will be advised of the consequences of not improving their performance within 
a reasonable period of time and of engaging in any further unsatisfactory work performance. 

(c} A record of the formal counselling session will be placed on the Employee's personnel file. 
(d) The formal counselling record must indicate: 

(i) the standard expected of the Employee; 
(ii) where and how the Employee is not meeting this standard; and 
(iii) the consequences if the Employee fails to improve their performance including that 

continued or repeated unsatisfactory work performance may result in termination of 
the Employee's employment. 

(e) If the Employer determines that the Employee has met the required standard of performance 
during the reasonable timeframe referred to in clause 16.9(a)(iv) the Employer will notify the 
Employee that: 

(i) the formal unsatisfactory work performance process has been completed; and 
(ii) no further action will be taken by the Employer unless the Employee engages in 

continued or repeated unsatisfactory work performance, in which case the formal 
unsatisfactory work performance process may continue to the next stage. 

(f) A copy of this notification will be placed on the Employee's personnel file. 

16.10. Second stage -formal written warning 

(a} The Employee will be given a formal written warning by the Employer, if: 

(i) the Employee's performance has not improved within the reasonable period following 
formal counselling in accordance with clause 16.9(a)(iv); and/or 

(ii) the Employee engages in further unsatisfactory work performance. 

(b) The Employer must: 

(i) advise the Employee of the unsatisfactory work performance; 
(ii) outline the standard required of the Employee; and 
(iii) provide the Employee with an opportunity to respond within a reasonable timeframe; 

and 
(iv) provide the Employee with an opportunity to improve within a reasonable timeframe. 

(c) The formal written warning must indicate: 

(i) the standard expected of the Employee; 
(ii) where and how the Employee is not meeting this standard; and 
(iii) the consequences if the Employee fails to improve their performance including that 

continued or repeated unsatisfactory work performance may result in termination of 
the Employee's employment. 

(d) The written warning will be placed on the Employee's personnel file. 
(e) If the Employer determines that the Employee has met the required standard of performance 

during the reasonable timeframe referred to in clause 16.10(b)(iv), the Employer will notify 
the Employee that: 

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

HSV Enterprise Agreement 2023 14 of 58 Public 


(1) advise the Employee of the unsatisfactory work performance and confirm the commencement of the formal counselling stage; (ii) (iii) outline the standard required of the Employee; provide the Employee with an opportunity to respond within a reasonable timeframe; and (iv) provide the Employee with an opportunity to improve within a reasonable timeframe. (b) The Employee will be advised of the consequences of not improving their performance within a reasonable period of time and of engaging in any further unsatisfactory work performance. (c) A record of the formal counselling session will be placed on the Employee's personnel file. (d) The formal counselling record must indicate: (i) the standard expected of the Employee; (ii) (iii) where and how the Employee is not meeting this standard; and the consequences if the Employee fails to improve their performance including that continued or repeated unsatisfactory work performance may result in termination of the Employee's employment. (e) If the Employer determines that the Employee has met the required standard of performance during the reasonable timeframe referred to in clause 16.9(a)(iv) the Employer will notify the Employee that: (i) the formal unsatisfactory work performance process has been completed; and (ii) no further action will be taken by the Employer unless the Employee engages in continued or repeated unsatisfactory work performance, in which case the formal unsatisfactory work performance process may continue to the next stage. (f) A copy of this notification will be placed on the Employee's personnel file. 16.10. Second stage - formal written warning (a) The Employee will be given a formal written warning by the Employer, if: (i) the Employee's performance has not improved within the reasonable period following formal counselling in accordance with clause 16.9(a)(iv); and/or (ii) the Employee engages in further unsatisfactory work performance. (b) The Employer must: (i) advise the Employee of the unsatisfactory work performance; (ii) outline the standard required of the Employee; and (iii) provide the Employee with an opportunity to respond within a reasonable timeframe; and (iv) provide the Employee with an opportunity to improve within a reasonable timeframe. (c) The formal written warning must indicate: (i) the standard expected of the Employee; (ii) where and how the Employee is not meeting this standard; and (iii) the consequences if the Employee fails to improve their performance including that continued or repeated unsatisfactory work performance may result in termination of the Employee's employment. (d) The written warning will be placed on the Employee's personnel file. (e ) If the Employer determines that the Employee has met the required standard of performance during the reasonable timeframe referred to in clause 16.10(b)(iv), the Employer will notify the Employee that: the formal unsatisfactory work performance process has been completed; and HSV Enterprise Agreement 2023 14 of 58 Public




 



(ii) no further action will be taken by the Employer unless the Employee engages in 
continued or repeated unsatisfactory work performance, in which case the fonmal 
unsatisfactory work performance process may continue to the next stage. 

(f) A copy of this notification will be placed on the Employee's personnel file. 

16.11. Thirdstage-finalwarning 

(a) The Employee will be given a final written warning by the Employer if: 

(i) the Employee's performance has not improved within the reasonable time period 
following receipt of a formal written warning in accordance with clause 16.10(b)(iv); 
and/or 

(ii) the Employee engages in further unsatisfactory work performance. 

(b) The Employer must: 

(i) advise the Employee of the unsatisfactory work performance; 
(ii) outline the standard required of the Employee; and 
(iii) provide the Employee with an opportunity to respond within a reasonable timeframe; 

and 
(iv) provide the Employee with an opportunity to improve within a reasonable timeframe. 

(c) The final written warning must indicate: 

(i) the standard expected of the Employee; 
(ii) where and how the Employee is not meeting this standard; and 
(iii) the consequences if the Employee fails to improve their performance including that 

continued or repeated unsatisfactory work performance may result in termination of 
the Employee's employment. 

(d) The final written warning will be placed on the Employee's personnel file. 
(e) If the Employer determines that the Employee has met the required standard of performance 

during the reasonable timeframe referred to in clause 16.11 (b )(iv), the Employer will notify 
the Employee that: 

(i) the formal unsatisfactory work performance process has been completed; and 
(ii) no further action will be taken by the Employer unless the Employee engages in 

continued or repeated unsatisfactory work performance, in which case the formal 
unsatisfactory work performance process may continue to the next stage. 

(f) A copy of this notification will be placed on the Employee's personnel file. 

16.12. Determination of unsatisfactory work performance outcome 

(a) In the event that the Employee's performance has not improved within the reasonable time 
period following the process set out in clauses 16.9 and 16.10 and on receipt by the 
Employee of the final written warning in accordance with clause 16.11, the Employer will 
advise the Employee of the Employee's continued or repeated unsatisfactory work 
performance and provide the Employee with a reasonable opportunity to respond. 

(b) After considering the Employee's performance and response (including any failure to 
respond in accordance with clause 16.12(a)), the Employer will determine the unsatisfactory 
work performance outcome that is to apply to the Employee. 

(c) The possible outcomes are: 

(i) assignment of the Employee with or without their agreement to a role at a 
classification level lower than the Employee's current classification level; or 

(ii) termination of the Employee's employment. 

(d) The Employer will advise the Employee of the unsatisfactory work performance outcome in 
writing and a copy will be placed on the Employee's personnel file. 

HSV Enterprise Agreement 2023 15of58 Public 


(ii) no further action will be taken by the Employer unless the Employee engages in continued or repeated unsatisfactory work performance, in which case the formal unsatisfactory work performance process may continue to the next stage. (f) A copy of this notification will be placed on the Employee's personnel file. 16.11. Third stage - final warning (a) The Employee will be given a final written warning by the Employer if: (i) the Employee's performance has not improved within the reasonable time period following receipt of a formal written warning in accordance with clause 16.10(b)(iv); and/or (ii) the Employee engages in further unsatisfactory work performance. (b) The Employer must: (i) advise the Employee of the unsatisfactory work performance; (ii) (iii) outline the standard required of the Employee; and provide the Employee with an opportunity to respond within a reasonable timeframe; and (iv) provide the Employee with an opportunity to improve within a reasonable timeframe. (c) The final written warning must indicate: (i) the standard expected of the Employee; (ii) where and how the Employee is not meeting this standard; and (iii) the consequences if the Employee fails to improve their performance including that continued or repeated unsatisfactory work performance may result in termination of the Employee's employment. (d) The final written warning will be placed on the Employee's personnel file. (e) If the Employer determines that the Employee has met the required standard of performance during the reasonable timeframe referred to in clause 16.11(b)(iv), the Employer will notify the Employee that: (i) the formal unsatisfactory work performance process has been completed; and (ii) no further action will be taken by the Employer unless the Employee engages in continued or repeated unsatisfactory work performance, in which case the formal unsatisfactory work performance process may continue to the next stage. (f) A copy of this notification will be placed on the Employee's personnel file. 16.12. Determination of unsatisfactory work performance outcome (a) In the event that the Employee's performance has not improved within the reasonable time period following the process set out in clauses 16.9 and 16.10 and on receipt by the Employee of the final written warning in accordance with clause 16.11, the Employer will advise the Employee of the Employee's continued or repeated unsatisfactory work performance and provide the Employee with a reasonable opportunity to respond. (b) After considering the Employee's performance and response (including any failure to respond in accordance with clause 16.12(a)), the Employer will determine the unsatisfactory work performance outcome that is to apply to the Employee. (c) The possible outcomes are: (i) assignment of the Employee with or without their agreement to a role at a classification level lower than the Employee's current classification level; or (ii) termination of the Employee's employment. (d) The Employer will advise the Employee of the unsatisfactory work performance outcome in writing and a copy will be placed on the Employee's personnel file. HSV Enterprise Agreement 2023 15 of 58 Public




 



16.13. Disputes 

Any dispute arising under this clause may only be dealt with in accordance with clause 11 when 
the outcome is placed on the Employee's personnel file in accordance with clause 16.12(d). 

17. Management Of Misconduct 

17.1. The purpose of this clause is to: 

(a) establish procedures for managing misconduct or alleged misconduct of an Employee; 
(b) provide for Employee alleged misconduct to be investigated and addressed expeditiously 

and with minimal disruption to the workplace; 
(c) reflect the public sector values of integrity, impartiality, accountability and respect with the 

aim of ensuring that Employees are treated fairly and reasonably; and 
(d) manage the Employee's performance in accordance with this clause instead of clause 16 

where the Employer determines that it would be more appropriate. 

17.2. Application 

(a) Subject to applicable Victorian and Federal legislation, action taken by the Employer in 
relation to misconduct will be consistent with this clause. 

(b) This clause applies to all Employees except Casual Employees and Employees subject to a 
probationary period of employment. 

17.3. Meaning of misconduct 

For the purposes of this clause, misconduct includes: 

(a) "serious misconduct" as defined in the Act; 
(b) a contravention of a provision of the Public Administration Act 2004 (Vic), the regulations to 

that Act, the policies of the Employer, a binding code of conduct or a provision of any statute 
or regulation that applies to the Employee in the Employee's employment; 

(c) improper conduct in an official capacity; 
(d) a contravention, without reasonable excuse, of a lawful direction given to the Employee as 

an Employee by a person authorised to give that direction; 
(e) an Employee making improper use of her/his position for personal gain; or 
(f) an Employee making improper use of information acquired by her/him by virtue of her/his 

position to gain personally, or for anyone else, financial or other benefits or to cause 
detriment to HSV, the VPS or the public sector. 

17.4. Referred matters under clause 16-Management of Unsatisfactory Work Performance 

(a) Any matters that have arisen under the management of unsatisfactory work performance 
process in clause 16 may be considered in the misconduct process pursuant to this clause. 

17.5. Employee representation 

An Employee is entitled to be represented by a person of their choice (including a Union 
representative) at any stage of the misconduct process. 

17.6. Procedural fairness to apply 

(a) The process for managing Employee misconduct will be consistent with the principles of 
procedural fairness. 

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

(c) The Employer will: 

(i) advise the Employee of the purpose of any meetings; 
(ii) provide the Employee with a copy of the formal process to be followed: 

HSV Enterprise Agreement 2023 ·,5 of 58 Public 


16.13. Disputes Any dispute arising under this clause may only be dealt with in accordance with clause 11 when the outcome is placed on the Employee's personnel file in accordance with clause 16.12(d). 17. Management Of Misconduct 17.1. The purpose of this clause is to: (a) establish procedures for managing misconduct or alleged misconduct of an Employee; (b) provide for Employee alleged misconduct to be investigated and addressed expeditiously and with minimal disruption to the workplace; (c) reflect the public sector values of integrity, impartiality, accountability and respect with the aim of ensuring that Employees are treated fairly and reasonably; and (d) manage the Employee's performance in accordance with this clause instead of clause 16 where the Employer determines that it would be more appropriate. 17.2. Application (a) Subject to applicable Victorian and Federal legislation, action taken by the Employer in relation to misconduct will be consistent with this clause. (b) This clause applies to all Employees except Casual Employees and Employees subject to a probationary period of employment. 17.3. Meaning of misconduct For the purposes of this clause, misconduct includes: (a) "serious misconduct" as defined in the Act; (b) a contravention of a provision of the Public Administration Act 2004 (Vic), the regulations to that Act, the policies of the Employer, a binding code of conduct or a provision of any statute or regulation that applies to the Employee in the Employee's employment; (c) improper conduct in an official capacity; (d) a contravention, without reasonable excuse, of a lawful direction given to the Employee as an Employee by a person authorised to give that direction; (e) (1) an Employee making improper use of her/his position for personal gain; or an Employee making improper use of information acquired by her/him by virtue of her/his position to gain personally, or for anyone else, financial or other benefits or to cause detriment to HSV, the VPS or the public sector. 17.4. Referred matters under clause 16 - Management of Unsatisfactory Work Performance (a) Any matters that have arisen under the management of unsatisfactory work performance process in clause 16 may be considered in the misconduct process pursuant to this clause. 17.5. Employee representation An Employee is entitled to be represented by a person of their choice (including a Union representative) at any stage of the misconduct process. 17.6. Procedural fairness to apply (a) The process for managing Employee misconduct will be consistent with the principles of procedural fairness. (b) All parties involved in the misconduct process will commit to completing it as quickly as practicable. (c) The Employer will: advise the Employee of the purpose of any meetings; (ii) provide the Employee with a copy of the formal process to be followed; HSV Enterprise Agreement 2023 16 of 58 Public




 



(iii) provide a reasonable opportunity for the Employee to seek advice from the Union or a 
representative of their choice at any stage of the misconduct process; and 

(iv) allow the Employee the opportunity to provide details of any mitigating circumstances. 

(d) The Employer must take into account any reasonable explanation of any failure by the 
Employee to participate before making a decision under this clause 17. 

17.7. Directions 

(a) Where Employee misconduct is alleged, the Employer may do any of the following: 

(i) make an initial assessment of the alleged misconduct before commencing the formal 
process to determine if an investigation is required in accordance with clause 17.10; 

(ii) immediately commence an investigation of the alleged misconduct in accordance with 
clause 17.10; 

(iii) direct the Employee to proceed immediately to perform alternative duties or work at an 
alternative place of work; 

(iv) direct the Employee not to speak to other Employees of the Employer about the 
matter or not to visit certain places of work; and/or 

(v) suspend the Employee with pay. 

(b) In the event that the Employer suspends the Employee with pay under clause 17.7(a)(v), the 
Employer will: 

(i) review this decision no later than a date which is four ( 4) weeks after the 
commencement of the suspension; and 

(ii) confirm whether the suspension is to continue or is no longer necessary. 

(c) The Employer will continue to review any decision regarding an Employee's suspension in 
intervals of no longer than four ( 4) weeks, until the end of the misconduct process in 
accordance with this clause 17. 

17.8. Advising the Employee 

(a) As soon as practicable after an allegation of misconduct has been made and the Employer 
has determined in accordance with clauses 17.7(a)(i) or 17.7(a)(ii) that an investigation is 
required, the Employer will advise the Employee of the alleged misconduct in writing. 

(b) The written advice will contain the allegation/s of misconduct made about the Employee. 
Relevant information will only be withheld where it is necessary to withhold that information 
in order to protect the personal privacy of any other person. 

17.9. Admissions by Employee 

(a) The Employee may at any stage elect to admit the alleged misconduct. 
(b) If the Employee admits the alleged misconduct, the Employer may: 

(i) determine that further investigation is required (for example to investigate partial 
admissions, mitigating circumstances or other relevant issues); or 

(ii) may proceed immediately to the determination of the misconduct clause 17.12 by 
advising the Employee of the proposed discipline outcome and giving the Employee a 
reasonable opportunity to respond to the findings in accordance with clause 17 .11. 

17.10. Investigation of alleged misconduct 

(a) Where an investigation is required, the Employer will appoint a person to conduct an 
investigation into the alleged misconduct. Where appropriate, the investigation may be 
conducted by the Employee's immediate manager. The appointed person must not have any 
prior personal involvement in the matter which would give rise to bias, or an apprehension of 
bias. 

(b) The Employer will provide the Employee with an opportunity to speak to the investigator if 
the Employee wishes to do so. 

HSV Enterprise Agreement 2023 170158 Public 


(iii) provide a reasonable opportunity for the Employee to seek advice from the Union or a representative of their choice at any stage of the misconduct process; and (iv) allow the Employee the opportunity to provide details of any mitigating circumstances. (d) The Employer must take into account any reasonable explanation of any failure by the Employee to participate before making a decision under this clause 17. 17.7. Directions (a) Where Employee misconduct is alleged, the Employer may do any of the following: (i) make an initial assessment of the alleged misconduct before commencing the formal process to determine if an investigation is required in accordance with clause 17.10; (ii) immediately commence an investigation of the alleged misconduct in accordance with clause 17.10; (iii) direct the Employee to proceed immediately to perform alternative duties or work at an alternative place of work; (iv) direct the Employee not to speak to other Employees of the Employer about the matter or not to visit certain places of work; and/or (v) suspend the Employee with pay. (b) In the event that the Employer suspends the Employee with pay under clause 17.7(a)(v), the Employer will: (i) review this decision no later than a date which is four (4) weeks after the commencement of the suspension; and (ii) confirm whether the suspension is to continue or is no longer necessary. (c) The Employer will continue to review any decision regarding an Employee's suspension in intervals of no longer than four (4) weeks, until the end of the misconduct process in accordance with this clause 17. 17.8. Advising the Employee (a) As soon as practicable after an allegation of misconduct has been made and the Employer has determined in accordance with clauses 17.7(a)(i) or 17.7(a)(ii) that an investigation is required, the Employer will advise the Employee of the alleged misconduct in writing. (b) The written advice will contain the allegation/s of misconduct made about the Employee. Relevant information will only be withheld where it is necessary to withhold that information in order to protect the personal privacy of any other person. 17.9. Admissions by Employee (a) The Employee may at any stage elect to admit the alleged misconduct. (b) If the Employee admits the alleged misconduct, the Employer may: (i) determine that further investigation is required (for example to investigate partial admissions, mitigating circumstances or other relevant issues); or (ii) may proceed immediately to the determination of the misconduct clause 17.12 by advising the Employee of the proposed discipline outcome and giving the Employee a reasonable opportunity to respond to the findings in accordance with clause 17.11. 17.10. Investigation of alleged misconduct (a) Where an investigation is required, the Employer will appoint a person to conduct an investigation into the alleged misconduct. Where appropriate, the investigation may be conducted by the Employee's immediate manager. The appointed person must not have any prior personal involvement in the matter which would give rise to bias, or an apprehension of bias. (b) The Employer will provide the Employee with an opportunity to speak to the investigator if the Employee wishes to do so. HSV Enterprise Agreement 2023 17 of 58 Public




 



(c) The investigation may include: 

(i) collecting any relevant materials; 
(ii) speaking with the Employee; 
(iii) speaking with any relevant witnesses; 
(iv) providing the Employee with specific particulars to allow the Employee to properly 

respond to the alleged misconduct; 
(v) seeking an explanation from the Employee; and 
(vi) investigating any explanation made by the Employee for the purposes of verifying the 

explanation so far as possible. 

(d) In relation to each allegation of misconduct, the investigator will make findings as to whether: 

(i) the allegation is substantiated (which may be in part or full); or 
(ii) the allegation is not substantiated. 

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

(f) Where the investigator makes a finding that the allegation is substantiated, the Employer will 
consider this information and propose a discipline outcome in accordance with clause 17 .12. 

17.11. Opportunity for response by Employee 

(a) As soon as practicable after the investigator has made a finding that any allegation of 
misconduct is substantiated, the Employee will be provided with the findings of the 
investigator and the proposed discipline outcome. The Employee will be provided with 
sufficient information to allow them a reasonable basis to respond. 

(b) The Employee will be given a reasonable time to respond to the findings or the material and 
the recommended discipline outcome. Any response must be provided within the above 
reasonable time. 

17.12. Determination of discipline outcome 

(a) The Employer will consider: 

(i) the findings of the investigator; 
(ii) any recommendations as to the appropriate disciplinary outcome; 
(iii) any response of the Employee (including any admission of misconduct under clause 

17.9); and 
(iv) any prior disciplinary outcomes, 

and then determine the discipline outcome that is to apply to the Employee. The discipline 
outcome must not be disproportionate to the seriousness of the matter and the Employer's 
concerns. 

(b) The possible discipline outcomes are: 

(i) no action; 
(ii) performance management; 
(iii) formal counselling; 
(iv) formal warning; 
(v) final warning; or 
(vi) termination of employment. 

(c) The Employer will advise the Employee of the discipline outcome in writing and a copy will 
be placed on the Employee's personnel file. 

17.13. Informing Employee who raised allegation of misconduct 

If a process was conducted in accordance with this clause because of an allegation of misconduct 
by another Employee, the Employer must advise that Employee that the allegation has been dealt 

HSV Enterprise Agreement 2023 18of58 Public 


(c) The investigation may include: (i) collecting any relevant materials; (ii) speaking with the Employee; (iii) speaking with any relevant witnesses; (iv) providing the Employee with specific particulars to allow the Employee to properly respond to the alleged misconduct; (v) (vi) seeking an explanation from the Employee; and investigating any explanation made by the Employee for the purposes of verifying the explanation so far as possible. (d) In relation to each allegation of misconduct, the investigator will make findings as to whether: (i) the allegation is substantiated (which may be in part or full); or (ii) the allegation is not substantiated. (e) Where the investigator makes a finding that an allegation is not substantiated, which is accepted by the Employer, the misconduct process will conclude in relation to any such allegation and the Employee will be informed accordingly. (f) Where the investigator makes a finding that the allegation is substantiated, the Employer will consider this information and propose a discipline outcome in accordance with clause 17.12. 17.11. Opportunity for response by Employee (a) As soon as practicable after the investigator has made a finding that any allegation of misconduct is substantiated, the Employee will be provided with the findings of the investigator and the proposed discipline outcome. The Employee will be provided with sufficient information to allow them a reasonable basis to respond. (b) The Employee will be given a reasonable time to respond to the findings or the material and the recommended discipline outcome. Any response must be provided within the above reasonable time. 17.12. Determination of discipline outcome (a) The Employer will consider: (i) the findings of the investigator; (ii) (iii) any recommendations as to the appropriate disciplinary outcome; any response of the Employee (including any admission of misconduct under clause 17.9); and (iv) any prior disciplinary outcomes, and then determine the discipline outcome that is to apply to the Employee. The discipline outcome must not be disproportionate to the seriousness of the matter and the Employer's concerns. (b) The possible discipline outcomes are: (i) no action; (ii) performance management; (iii) formal counselling; (iv) formal warning; (v) final warning; or (vi) termination of employment. (c) The Employer will advise the Employee of the discipline outcome in writing and a copy will be placed on the Employee's personnel file. 17.13. Informing Employee who raised allegation of misconduct If a process was conducted in accordance with this clause because of an allegation of misconduct by another Employee, the Employer must advise that Employee that the allegation has been dealt HSV Enterprise Agreement 2023 18 of 58 Public




 



with in accordance with this clause, and may provide the Employee with other information as is 

reasonably practicable. 

17.14. Disputes 

(a) Any dispute arising under this clause may only be dealt with in accordance with clause 11 
when any of the following are placed on the Employee's personnel file in accordance with 
this clause (this may include whether clause 17.6 has been complied with in the Employer 

coming to a decision): 

(i) a record of formal counselling; 
(ii) a fonmal written warning; 
(iii) a final written warning; or 
(iv) a record of discipline outcome. 

(b) The Dispute Resolution procedure does not apply with respect to decisions to terminate 

employment. 

17.15. Potential criminal conduct 

(a) Where alleged misconduct that is the subject of a process in accordance with this clause 17 
is also the subject of a criminal investigation or criminal proceedings, the Employer is not 
required to delay or cease the management of misconduct process under this clause 17 but 
the Employer may exercise its discretion to do so. 

18. Termination Of Employment 

18.1. Notice 

(a) In order to terminate the employment of a full-time or part-time Employee, the Employer shall 
give notice to the Employee as follows: 

Period of continuous service 

Less than 1 year (not including Employees in a probation 
period) 

1 year but less than 3 years 

More than 3 years 

Period of notice 

2 weeks 

2 weeks 

4 weeks 

(b) Due to the nature of casual employment, the notice periods in clause 18.1(a) shall not apply 
to Casual Employees. 

(c) The Employee shall give to the Employer similar notice as per clause 18.1(a), save that 
clause 18.1(g) will not apply to them. 

(d) Payment in lieu of the notice period prescribed in clause 18.1(a) hereof 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 made in lieu thereof. 

(e) In calculating any payments in lieu of notice, the Employer shall use the wages the 
Employee would have received in respect of ordinary time she/he would have worked during 
the period of notice had her/his employment not been terminated. 

(f) The period of notice in this clause shall not apply: 

(i) in the case of dismissal for conduct that justifies summary dismissal; or 
(ii) to trainees whose employment under a traineeship agreement or an approved 

traineeship is for a specified period or is, for any other reason, limited to the duration 

of the Agreement. 

HSV Enterprise Agreement 2023 19of58 Public 


with in accordance with this clause, and may provide the Employee with other information as is reasonably practicable. 17.14. Disputes (a) Any dispute arising under this clause may only be dealt with in accordance with clause 11 when any of the following are placed on the Employee's personnel file in accordance with this clause (this may include whether clause 17.6 has been complied with in the Employer coming to a decision): (i) a record of formal counselling; (ii) a formal written warning; (iii) a final written warning; or (iv) a record of discipline outcome. (b) The Dispute Resolution procedure does not apply with respect to decisions to terminate employment. 17.15. Potential criminal conduct (a) Where alleged misconduct that is the subject of a process in accordance with this clause 17 is also the subject of a criminal investigation or criminal proceedings, the Employer is not required to delay or cease the management of misconduct process under this clause 17 but the Employer may exercise its discretion to do so. 18. Termination Of Employment 18.1. Notice (a) In order to terminate the employment of a full-time or part-time Employee, the Employer shall give notice to the Employee as follows: Period of continuous service Period of notice Less than 1 year (not including Employees in a probation 2 weeks period) 1 year but less than 3 years 2 weeks More than 3 years 4 weeks (b) Due to the nature of casual employment, the notice periods in clause 18.1(a) shall not apply to Casual Employees (c) The Employee shall give to the Employer similar notice as per clause 18.1(a), save that clause 18.1(g) will not apply to them. (d) Payment in lieu of the notice period prescribed in clause 18.1(a) hereof 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 made in lieu thereof. (e) In calculating any payments in lieu of notice, the Employer shall use the wages the Employee would have received in respect of ordinary time she/he would have worked during the period of notice had her/his employment not been terminated. (f) The period of notice in this clause shall not apply: (i) in the case of dismissal for conduct that justifies summary dismissal; or (ii) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the Agreement. HSV Enterprise Agreement 2023 19 of 58 Public




 



(g) In addition to the notice in clause 18.1 (a) above, Employees over 45 years of age with at 
least two (2) years' continuous service shall receive an additional weeks' notice or pay in lieu 
of notice. 

(h) 'Continuous service' shall be calculated in the manner prescribed in clause 33. 

18.2. Job search entitlement 

(a) Where the Employer has given notice of termination to an Employee, an Employee shall be 
allowed time off up to three (3) days without loss of pay for the sole purpose of seeking other 
employment, including travelling to and attending interviews for other positions. 

(b) The time off shall be taken at times that are convenient to the Employee after consultation 
with the Employer and provided that proof of the need to attend interviews (if applicable) is 
provided on request to the satisfaction of the Employer. 

(c) The Employer shall not unreasonably withhold permission. 

18.3. Statement of Employment 

(a) The Employer must, upon receipt of a request from an Employee whose employment will 
cease or has ceased, provide to the Employee a written statement specifying the period of 
her/his employment and the classification of, or the type of work performed by, the 
Employee. 

(b) Where the Employer terminates an Employee's employment, the Employer must, at the 
Employee's request, provide a written statement of the reasons for dismissal. 

19. Consultation 

19.1. This clause applies if the Employer: 

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

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

19.2. Major change 

(a) For a major change referred to in clause 19.1 (a): 

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

(ii) clauses 19.2(b) to 19,2(h) apply. 

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

(c) If: 

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

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

the Employer must recognise the representative. 

(d) As soon as practicable after the Employer has developed a change proposal the Employer 
must: 

(i) discuss with the relevant Employees: 

• the introduction of the change; and 
• the effect the change is likely to have on the Employees; and 
• measures the Employer is taking to avert or mitigate the adverse effect of the 

change on the Employees; and 

HSV Enterprise Agreement 2023 :JO of 58 Public 


(g) In addition to the notice in clause 18.1 (a) above, Employees over 45 years of age with at least two (2) years' continuous service shall receive an additional weeks' notice or pay in lieu of notice. (h) 'Continuous service' shall be calculated in the manner prescribed in clause 33. 18.2. Job search entitlement (a) Where the Employer has given notice of termination to an Employee, an Employee shall be allowed time off up to three (3) days without loss of pay for the sole purpose of seeking other employment, including travelling to and attending interviews for other positions. (b) The time off shall be taken at times that are convenient to the Employee after consultation with the Employer and provided that proof of the need to attend interviews (if applicable) is provided on request to the satisfaction of the Employer. (c) The Employer shall not unreasonably withhold permission. 18.3. Statement of Employment (a) The Employer must, upon receipt of a request from an Employee whose employment will cease or has ceased, provide to the Employee a written statement specifying the period of her/his employment and the classification of, or the type of work performed by, the Employee. (b) Where the Employer terminates an Employee's employment, the Employer must, at the Employee's request, provide a written statement of the reasons for dismissal. 19. Consultation 19.1. This clause applies if the Employer: (a) proposes to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of Employees. 19.2. Major change (a) For a major change referred to in clause 19.1(a): (i) the Employer must notify the relevant Employees and their Union of the decision to introduce the major change; and (ii) clauses 19.2(b) to 19.2(h) apply. (b) The relevant Employees may appoint a representative for the purposes of the procedures in this clause. (c) If: (i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (ii) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative. (d) As soon as practicable after the Employer has developed a change proposal the Employer must: (i) discuss with the relevant Employees: · the introduction of the change; and the effect the change is likely to have on the Employees; and · measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and HSV Enterprise Agreement 2023 20 of 58 Public




 



(ii) for the purposes of the discussion-provide, in writing, to the relevant Employees: 

• all relevant information about the change including the nature of the change 
proposed; and 

• information about the expected effects of the change on the Employees; and 
• any other matters likely to affect the Employees. 

(e) For the purposes of such consultation and discussions, HSV shall provide in writing to the 
Employees concerned and their representative(s), 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. 

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

(g) The Employer must give prompt and genuine consideration to matters raised about the 
major change by the relevant Employees and respond in writing. 

(h) In this clause, a major change is likely to have a significant effect on Employees if it results 
in: 

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

the skills required of Employees; or 
(iii) the elimination or diminution of job opportunities (including opportunities for promotion 

or tenure); or 
(iv) the alteration of hours of work; or 
(v) the need to retrain Employees; or 
(vi) the need to relocate Employees to another workplace; or 
(vii) the restructuring of jobs. 

19.3. Change to regular roster or ordinary hours of work 

(a) For a change referred to in clause 19.1(b): 

(i) the Employer must notify the relevant Employees of the proposed change; and 
(ii) clause 19.3(b) to clause 19.3(f) apply. 

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

(c) If: 

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

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

the Employer must recognise the representative. 

(d) As soon as practicable after proposing to introduce the change, the Employer must: 

(i) discuss with the relevant Employees the introduction of the change; and 
(ii) for the purposes of the discussion-provide to the relevant Employees: 

• all relevant information about the change, including the nature of the change; and 
• information about what the Employer reasonably believes will be the effects of the 

change on the Employees; and 
• information about any other matters that the Employer reasonably believes are 

likely to affect the Employees; and 

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

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

HSV Enterprise Agreement 2023 21 of 58 Public 


(ii) for the purposes of the discussion-provide, in writing, to the relevant Employees: · all relevant information about the change including the nature of the change proposed; and · information about the expected effects of the change on the Employees; and · any other matters likely to affect the Employees. (e) For the purposes of such consultation and discussions, HSV shall provide in writing to the Employees concerned and their representative(s), 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. (f) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. (g) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees and respond in writing (h) In this clause, a major change is likely to have a significant effect on Employees if it results in: (i) the termination of the employment of Employees; or (ii) major change to the composition, operation or size of the Employer's workforce or to the skills required of Employees; or (iii) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (iv) the alteration of hours of work; or (v) the need to retrain Employees; or (vi) the need to relocate Employees to another workplace; or (vii) the restructuring of jobs. 19.3. Change to regular roster or ordinary hours of work (a) For a change referred to in clause 19.1(b): (i) the Employer must notify the relevant Employees of the proposed change; and (ii) clause 19.3(b) to clause 19.3(f) apply. (b) The relevant Employees may appoint a representative for the purposes of the procedures in this clause. (c) If: (i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (ii) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative. (d) As soon as practicable after proposing to introduce the change, the Employer must: (i) discuss with the relevant Employees the introduction of the change; and ((i) for the purposes of the discussion-provide to the relevant Employees: · all relevant information about the change, including the nature of the change; and · information about what the Employer reasonably believes will be the effects of the change on the Employees; and information about any other matters that the Employer reasonably believes are likely to affect the Employees; and (iii) invite the relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). (e) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. HSV Enterprise Agreement 2023 21 of 58 Public




 



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

19.4. In this clause: 

relevant Employees means the Employees who may be affected by a change referred to in clause 
19.1. 

20. Redundancy 

20.1. Discussions before termination 

(a) Where the Employer has made a definite decision that the Employer no longer wishes the 
job the Employee has been doing to be done by anyone and this is not due to the ordinary 
and customary turnover of labour and that decision may lead to termination of employment, 
the Employer shall hold discussions with the Employees directly affected and their chosen 
representative/s (if applicable). 

(b) The discussions shall take place as soon as practicable after the Employer has made a 
definite decision which will invoke the provision of clause 19.2 hereof and shall cover, inter 
alia, any reasons for the proposed terminations, measures to avoid or minimise the 
terminations and measures to mitigate any adverse effects of any terminations on the 
Employees concerned. 

(c) For the purposes of consultation and discussion, HSV shall provide access to information in 
accordance with clause 19.2(d). 

20.2. Transfer to lower paid duties 

Where an Employee is transferred to lower paid duties for reasons set out in clause 20.1(a) hereof 
the Employee shall be entitled to the same period of notice of transfer as she/he would have been 
entitled to if her/his employment had been terminated. The Employer may, at the Employer's 
option, make payment in lieu thereof of an amount equal to the difference between the former 
ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice 
still owing. 

20.3. Employment terminates due to redundancy 

(a) The Employer will comply with Victorian Government policy with respect to public sector 
redundancy, as amended or replaced from time to time. 

(b) An Employee whose employment terminates due to redundancy will be paid: 

(i) any redundancy entitlement for which they are eligible to receive under applicable 
Victorian Government policy; or 

(ii) severance pay under this clause, 

whichever is the greater. 

20.4. Severance Pay 

Subject to clause 20.3 above, in addition to the period of notice prescribed for ordinary termination 
in clause 18.1 (a) of this Agreement, an Employee whose employment is terminated for reasons set 
out in clause 20.1 (a) hereof shall be entitled to the following amount of severance pay in respect of 
a continuous period of service. 

Period of continuous service 

Less than 1 year (not including Employees in a probation 
period) 

1 year but less than 2 years 

2 years but less than 3 years 

HSV Enterprise Agreement 2023 not 58 

Severance pay 

2 weeks' pay 

4 weeks' pay 

6 weeks' pay 

Public 


(f) The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees. 19.4. In this clause: relevant Employees means the Employees who may be affected by a change referred to in clause 19.1 20. Redundancy 20.1. Discussions before termination (a) Where the Employer has made a definite decision that the Employer no longer wishes the job the Employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the Employer shall hold discussions with the Employees directly affected and their chosen representative/s (if applicable). (b) The discussions shall take place as soon as practicable after the Employer has made a definite decision which will invoke the provision of clause 19.2 hereof and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the Employees concerned. (c) For the purposes of consultation and discussion, HSV shall provide access to information in accordance with clause 19.2(d). 20.2 Transfer to lower paid duties Where an Employee is transferred to lower paid duties for reasons set out in clause 20.1(a) hereof the Employee shall be entitled to the same period of notice of transfer as she/he would have been entitled to if her/his employment had been terminated. The Employer may, at the Employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing. 20.3. Employment terminates due to redundancy (a) The Employer will comply with Victorian Government policy with respect to public sector redundancy, as amended or replaced from time to time. (b) An Employee whose employment terminates due to redundancy will be paid: (i) any redundancy entitlement for which they are eligible to receive under applicable Victorian Government policy; or (ii) severance pay under this clause, whichever is the greater. 20.4 Severance Pay Subject to clause 20.3 above, in addition to the period of notice prescribed for ordinary termination in clause 18.1(a) of this Agreement, an Employee whose employment is terminated for reasons set out in clause 20.1(a) hereof shall be entitled to the following amount of severance pay in respect of a continuous period of service, Period of continuous service Severance pay Less than 1 year (not including Employees in a probation 2 weeks' pay period) 1 year but less than 2 years 4 weeks' pay 2 years but less than 3 years 6 weeks' pay HSV Enterprise Agreement 2023 22 of 58 Public




 



3 years but less than 4 years 7 weeks' pay 

4 years and less than 5 years 8 weeks' pay 

5 years and less than 6 years 10 weeks' pay 

6 years and less than 7 years 11 weeks' pay 

7 years and less than 8 years 13 weeks' pay 

8 years and less than 9 years 14 weeks' pay 

9 years and over 16 weeks' pay 

At least 10 years 12 weeks' pay 

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

(i) Overtime; 
(ii) Penalty rates; 
(iii) Disability allowances; 
(iv) Shift allowances; 
(v) Special rates; 
(vi) Fares and travelling time allowances; 
(vii) Bonuses; and 
(viii) Any other ancillary payment of a like nature. 

20.5. Continuity of service 

Shall be calculated in the manner prescribed in clause 33 of this Agreement. 

20.6. Employees leaving during notice period 

An Employee whose employment is terminated for reasons set out in clause 20.1(a) hereof may 
terminate her/his employment during the period of notice and, if so, shall be entitled to the same 
benefits and payments under this clause had she/he remained with the Employer until the expiry of 
such notice. Provided that in such circumstances the Employee shall not be entitled to payment in 
lieu of notice, unless where otherwise agreed. 

20.7. Job search entitlement 

Where the Employer has given notice of termination to an Employee, an Employee shall be 
allowed to seek other employment as described in clause 18.2. 

20.8. Employees exempted 

This clause shall not apply where employment is terminated as a consequence of conduct that 
justifies summary dismissal, including but not limited to serious misconduct. 

21. Rates Of Pay 

21,1. Employees covered by this Agreement will be employed within one (1) of the classification levels 
set out in Schedule A. 

21,2, The rates of pay for the individual classifications are as contained in Schedule B. 

21.3. Wage Increases 

(a) Employees covered by this Agreement at or after the commencement of this Agreement will 
receive a 3.5% increase from the first full pay period commencing on or after (FFPPOA) 1 
July 2023. 

HSV Enterprise Agreement 2023 23 of 58 Public 


3 years but less than 4 years 7 weeks' pay 4 years and less than 5 years 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and over 16 weeks' pay At least 10 years 12 weeks' pay (a) Weeks' pay means the ordinary time rate of pay for the Employee concerned. Provided that such rate shall exclude: (i) Overtime; (ii) Penalty rates; (iii) Disability allowances; (iv) Shift allowances; (v) Special rates; (vi) Fares and travelling time allowances; (vii) Bonuses; and (viii) Any other ancillary payment of a like nature. 20.5. Continuity of service Shall be calculated in the manner prescribed in clause 33 of this Agreement. 20.6. Employees leaving during notice period An Employee whose employment is terminated for reasons set out in clause 20.1(a) hereof may terminate her/his employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had she/he remained with the Employer until the expiry of such notice. Provided that in such circumstances the Employee shall not be entitled to payment in lieu of notice, unless where otherwise agreed. 20.7. Job search entitlement Where the Employer has given notice of termination to an Employee, an Employee shall be allowed to seek other employment as described in clause 18.2. 20.8 Employees exempted This clause shall not apply where employment is terminated as a consequence of conduct that justifies summary dismissal, including but not limited to serious misconduct. 21 Rates Of Pay 21.1. Employees covered by this Agreement will be employed within one (1) of the classification levels set out in Schedule A. 21.2. The rates of pay for the individual classifications are as contained in Schedule B. 21.3. Wage Increases (a) Employees covered by this Agreement at or after the commencement of this Agreement will receive a 3.5% increase from the first full pay period commencing on or after (FFPPOA) 1 July 2023. HSV Enterprise Agreement 2023 23 of 58 Public




 



(b) The salary increase outlined in clause 21.3(a) is to apply to the salary ranges set out in 
Schedule B. 

21.4. The Employer reserves the right to pay an Employee above the indicative salary range. Payment 
above the indicative salary range does not affect the Employee's classification. 

22. Payment Of Wages 

22.1. All payments will be by electronic funds transfer to a bank account, credit union or building society 
nominated by the Employee. 

22.2. The Employee is responsible for communicating any change of bank or other account details to the 
Employer as soon as practicable after such change. 

22.3. When an Employee receives her/his wages she/he shall be given a pay slip which shows wages 
and superannuation contributions and any deductions, in accordance with the Fair Work 
Regulations 2009. 

22,4. Payments of wages shall be fortnightly. 

23. Superannuation 

23.1. Superannuation legislation 

The subject of superannuation is dealt with extensively by legislation including the Superannuation 
Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), 
This legislation, as varied from time to time, governs the superannuation rights and obligations of 
the parties. 

23.2. An Employee may remain a member of her/his current superannuation fund but will be offered the 
choice of becoming a member of Aware superannuation funds. 

23.3. In the event that an Employee does not elect to join a fund specified in clause 23.2, the Employer 
shall forward the Employee's contributions to a default fund. 

23.4. The default fund on the commencement of the Agreement will be Aware Super Superannuation 
Fund. 

24. Salary Packaging 

24,1. All Employees, excluding Casual Employees, covered by this Agreement may have access to 
salary packaging. 

24.2. The Employee will be liable for any taxation implications related to a salary packaging 
arrangement. 

24.3. The Employee will be liable for any costs or charges (such as Fringe Benefits Tax, other taxes and 
administrative costs) associated with a salary packaging arrangement both during her/his 
employment and after her/his termination where the arrangement has been specifically 
implemented at the Employee's request and the agreement is in the Employee's name. 

24.4. The Employee will not be liable for any costs associated with a salary packaging arrangement 
where the arrangement is in the Employer's name after termination. They may be liable for costs 
and charges associated with a salary packaging arrangement during their employment if 
permission is provided by the Employee to incur charges. 

24.5. Expenses incurred by Employees for business purposes and reimbursed by the Employer do not 
constitute a salary packaging arrangement. 

HSV Enterprise Agreement 2023 24 of 58 Public 


(b) The salary increase outlined in clause 21.3(a) is to apply to the salary ranges set out in Schedule B. 21.4. The Employer reserves the right to pay an Employee above the indicative salary range. Payment above the indicative salary range does not affect the Employee's classification. 22. Payment Of Wages 22.1. All payments will be by electronic funds transfer to a bank account, credit union or building society nominated by the Employee 22.2. The Employee is responsible for communicating any change of bank or other account details to the Employer as soon as practicable after such change. 22.3. When an Employee receives her/his wages she/he shall be given a pay slip which shows wages and superannuation contributions and any deductions, in accordance with the Fair Work Regulations 2009. 22.4. Payments of wages shall be fortnightly. 23. Superannuation 23.1. Superannuation legislation The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 23.2. An Employee may remain a member of her/his current superannuation fund but will be offered the choice of becoming a member of Aware superannuation funds. 23.3. In the event that an Employee does not elect to join a fund specified in clause 23.2, the Employer shall forward the Employee's contributions to a default fund. 23.4. The default fund on the commencement of the Agreement will be Aware Super Superannuation Fund. 24. Salary Packaging 24.1. All Employees, excluding Casual Employees, covered by this Agreement may have access to salary packaging. 24.2. The Employee will be liable for any taxation implications related to a salary packaging arrangement. 24.3. The Employee will be liable for any costs or charges (such as Fringe Benefits Tax, other taxes and administrative costs) associated with a salary packaging arrangement both during her/his employment and after her/his termination where the arrangement has been specifically implemented at the Employee's request and the agreement is in the Employee's name. 24.4. The Employee will not be liable for any costs associated with a salary packaging arrangement where the arrangement is in the Employer's name after termination. They may be liable for costs and charges associated with a salary packaging arrangement during their employment if permission is provided by the Employee to incur charges. 24.5. Expenses incurred by Employees for business purposes and reimbursed by the Employer do not constitute a salary packaging arrangement. HSV Enterprise Agreement 2023 24 of 58 Public




 



24.6. Where an Employee enters into a salary packaging arrangement, the Employee's salary for the 
purposes of other terms and conditions of employment that reference an Employee's salary, shall 
be the amount that would otherwise be treated as salary for those purposes had the salary 
packaging arrangement not been in place. 

24.7. Eligible Employees shall be advised to seek their own financial advice prior to making such a 

request. 

25. Hours Of Work 

25.1. The ordinary hours of work for each Employee, except for casual or part-time Employees, will be 
38 hours per week (exclusive of meal breaks). to be worked over five (5) days, Monday to Friday, 
between the spread of hours 7.00am to 7.00pm. 

25.2. Not more than 10 hours, exclusive of meal breaks, shall be worked in any one (1) day. 

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

25.4. Spread of Hours 

(a) Flexible Arrangement of Hours of Work 

The ordinary hours of work shall, by mutual agreement, be worked flexibly to best meet both 
the Employer's work requirements and the Employee's personal circumstances. 

(b) Arrangement of Hours 

The actual days and hours of work will be those agreed between the Employer and the 
Employee. Either party may seek to alter the hours of work. Agreement to such alteration 
shall not be unreasonably withheld, taking into account the work requirements of the 
Employer and the personal circumstances of the Employee. Disputes over the operation of 
this clause will be dealt with under clause 11. 

(i) The Employer and Employee will make every effort to give the other party at least one 
(1) week's notice when discussing alterations to the hours worked. 

(ii) The Employer must not require an Employee to: 

• perform ordinary hours of work outside the times of 7.00am to 7.00pm on any 
weekday (the "span of hours"); or 

• perform ordinary hours of work on Saturdays, Sundays or Public Holidays. 

(iii) In determining the days and hours of work, both the Employer and the Employee 
accept that the Employee is eligible to use the flexibility of these arrangements to take 
time off by mutual agreement, subject to meeting the specified leave requirement( s) 
and not unduly affecting the work requirements of the Employer. Agreement by the 
Employer will not be unreasonably withheld. 

25.5. Accrued Day Off (ADO) 

All full time Employees will accrue one (1) paid 7.6 hour day off, to be known as an accrued day off 
(ADO), every four (4) week cycle by working a 40 hour week (instead of the ordinary 38 hours per 

week). 

HSV Enterprise Agreement 2023 25 of 58 Public 


24.6. Where an Employee enters into a salary packaging arrangement, the Employee's salary for the purposes of other terms and conditions of employment that reference an Employee's salary, shall be the amount that would otherwise be treated as salary for those purposes had the salary packaging arrangement not been in place. 24.7. Eligible Employees shall be advised to seek their own financial advice prior to making such a request. 25. Hours Of Work 25.1. The ordinary hours of work for each Employee, except for casual or part-time Employees, will be 38 hours per week (exclusive of meal breaks), to be worked over five (5) days, Monday to Friday, between the spread of hours 7.00am to 7.00pm. 25.2. Not more than 10 hours, exclusive of meal breaks, shall be worked in any one (1) day. 25.3. Employees will, on request, complete time sheets indicating the days and hours worked each week. 25.4. Spread of Hours (a) Flexible Arrangement of Hours of Work The ordinary hours of work shall, by mutual agreement, be worked flexibly to best meet both the Employer's work requirements and the Employee's personal circumstances. (b) Arrangement of Hours The actual days and hours of work will be those agreed between the Employer and the Employee. Either party may seek to alter the hours of work. Agreement to such alteration shall not be unreasonably withheld, taking into account the work requirements of the Employer and the personal circumstances of the Employee. Disputes over the operation of this clause will be dealt with under clause 11. (i) The Employer and Employee will make every effort to give the other party at least one (1) week's notice when discussing alterations to the hours worked. (ii) The Employer must not require an Employee to: · perform ordinary hours of work outside the times of 7.00am to 7.00pm on any weekday (the "span of hours"); or · perform ordinary hours of work on Saturdays, Sundays or Public Holidays. (iii) In determining the days and hours of work, both the Employer and the Employee accept that the Employee is eligible to use the flexibility of these arrangements to take time off by mutual agreement, subject to meeting the specified leave requirement(s) and not unduly affecting the work requirements of the Employer. Agreement by the Employer will not be unreasonably withheld. 25.5. Accrued Day Off (ADO) All full time Employees will accrue one (1) paid 7.6 hour day off, to be known as an accrued day off (ADO), every four (4) week cycle by working a 40 hour week (instead of the ordinary 38 hours per week). HSV Enterprise Agreement 2023 25 of 58 Public




 



26. Overtime 

26.1. All overtime performed must first be authorised by the Employer. 

26.2. Payments of overtime performed will only occur with the prior approval of the Em player. 

26.3. At the direction of the Employer, authorised work in excess of ordinary hours of work (as defined in 
clause 25.1) for full time Employees and as agreed pursuant to clause 13.6 for part time 
Employees), will be paid as follows: 

(a) Additional hours worked on weekdays - time and a half for the first two (2) hours and double 
time thereafter. 

(b) For additional hours worked on weekends - double time. 

26.4. An Employee may elect, with the consent of the Employer, to take time off instead of payment for 
overtime at a time agreed with the Employer. 

27. Time Off In Lieu 

27.1. An Employee will accrue Time off in lieu when: 

(a) the Employee is directed to work outside the ordinary hours of work (as defined ·,n clause 
25.1 for full time Employees and as agreed pursuant to clause 13.6 for part time 
Employees), and 

(b) Prior to the Employee accruing any Time off in lieu, the Employer and Employee must agree 
that the Employee may take time off in lieu (for the specified and agreed time period) instead 
of receiving payment for overtime. 

27,2. Time off in lieu may be taken at a time to suit the Employee, provided that there is no disruption to 
the Employer. 

27 .3. Staff may be required to take accrued lime off in lieu at the request of the Chief Executive or 
her/his delegate where the Employee has accrued more than 7.6 hours. 

27.4. Jn the event where mutual agreement cannot be reached within four (4) weeks of the additional 
hours worked, then the Employer may direct the Employee to take the Time off in lieu at a specified 
time on the provision of five (5) days' notice, or the Employer may elect to make payment for Time 
off in lieu according to clause 27 .5. 

27.5. Upon termination of employment, an Employee shall receive payment for any Time off in lieu hours 
not taken. 

27.6. Time off in lieu shall accrue at ordinary rates on an 'hour for hour' basis. 

28. Meal And Rest Intervals 

28.1. Meal Intervals 

(a) A meal interval of not less than 30 minutes and not more than 60 minutes shall be allowed to 
each Employee after not more than five (5) hours of continuous work. Subject to work 
constraints Employees shall be responsible for the timing of such breaks, which may 
otherwise be as directed by the Employee's Manager. Such meal interval shall not be 
counted as time worked, 

(b) Where an Employee is required, by the Employer, to remain available for work during an 
Employee's scheduled meal break, the meal break, when it occurs, will be counted as time 
worked. 

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

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26. Overtime 26.1. All overtime performed must first be authorised by the Employer. 26.2. Payments of overtime performed will only occur with the prior approval of the Employer. 26.3. At the direction of the Employer, authorised work in excess of ordinary hours of work (as defined in clause 25.1) for full time Employees and as agreed pursuant to clause 13.6 for part time Employees), will be paid as follows: (a) Additional hours worked on weekdays - time and a half for the first two (2) hours and double time thereafter. (b) For additional hours worked on weekends - double time. 26.4. An Employee may elect, with the consent of the Employer, to take time off instead of payment for overtime at a time agreed with the Employer. 27. Time Off In Lieu 27.1. An Employee will accrue Time off in lieu when: (a) the Employee is directed to work outside the ordinary hours of work (as defined in clause 25.1 for full time Employees and as agreed pursuant to clause 13.6 for part time Employees), and (b) Prior to the Employee accruing any Time off in lieu, the Employer and Employee must agree that the Employee may take time off in lieu (for the specified and agreed time period) instead of receiving payment for overtime. 27.2. Time off in lieu may be taken at a time to suit the Employee, provided that there is no disruption to the Employer. 27.3. Staff may be required to take accrued Time off in lieu at the request of the Chief Executive or her/his delegate where the Employee has accrued more than 7.6 hours. 27.4. In the event where mutual agreement cannot be reached within four (4) weeks of the additional hours worked, then the Employer may direct the Employee to take the Time off in lieu at a specified time on the provision of five (5) days' notice, or the Employer may elect to make payment for Time off in lieu according to clause 27.5. 27.5. Upon termination of employment, an Employee shall receive payment for any Time off in lieu hours not taken. 27.6. Time off in lieu shall accrue at ordinary rates on an 'hour for hour' basis. 28. Meal And Rest Intervals 28.1. Meal Intervals (a) A meal interval of not less than 30 minutes and not more than 60 minutes shall be allowed to each Employee after not more than five (5) hours of continuous work. Subject to work constraints Employees shall be responsible for the timing of such breaks, which may otherwise be as directed by the Employee's Manager. Such meal interval shall not be counted as time worked. (b) Where an Employee is required, by the Employer, to remain available for work during an Employee's scheduled meal break, the meal break, when it occurs, will be counted as time worked. (c) Employees wishing to take a break longer than 60 minutes may do so subject to the consent of the Employer. HSV Enterprise Agreement 2023 26 of 58 Public




 



28.2. Rest intervals 

At a time suitable to the Employer, a rest interval of 10 minutes shall be given to Employees at the 
completion of each four (4) hours worked. Such rest interval shall be counted as time worked. 

28.3. Breastfeeding area 

The Employer is to provide private and comfortable areas as required for Employees who are 
breastfeeding to enable them to express or feed children while at work. 

29. Annual Leave 

29.1. An Employee, other than a Casual Employee, shall be entitled to four ( 4) weeks of annual leave on 
ordinary pay per year of service. 

29.2. Annual leave shall accrue pro-rata during each pay period. 

29.3. Entitlement for annual leave shall accrue as an entitlement; however annual leave may only be 
taken to the extent that entitlements have been accrued. 

29.4. Accrual - Part time Employees 

Part time Employees shall be entitled pro rata to four (4) weeks of annual leave on ordinary pay at 
their respective rate. 

29.5. Annual leave loading 

In addition to the payment for annual leave all Employees shall receive a loading equal to 17.5% of 
the Employee's normal hourly rate for the number of hours deemed to be on annual leave. 

29.6. Termination of employment 

Subject to requirement for notice, accrued annual leave entitlements are payable upon termination. 

29.7. Payment for annual leave 

(a) Annual leave will normally be paid in the usual pay cycle: i.e. in arrears; however, an 
Employee may request prepayment of annual leave if desired. 

(b) The cashing out of any annual leave entitlement is prohibited unless in relation to termination 
entitlements. 

29.8. Time of taking leave 

(a) Annual leave may be taken at a time determined by mutual agreement between the 
Employer and the Employee. 

(b) Annual leave may be taken as up to and including the maximum amount of annual leave 
credits available or otherwise as mutually agreed. The taking of annual leave may be subject 
to operational considerations. 

(i) Annual leave may be deferred by mutual agreement in writing between the Employer 
and the Employee. 

(ii) Notwithstanding provisions elsewhere in the Agreement, an Employee may elect, with 
the consent of the Employer, to take annual leave in single day periods not exceeding 
a total of 10 days in any calendar year at a time or times agreed between them. 

(c) If, at any time, the leave credit of an Employee exceeds four (4) weeks, the Employer may 
direct the Employee to book in/take an amount of annual leave that will reduce the annual 
leave credit to less than four (4) weeks within an acceptable time frame. 

HSV Enterprise Agreement 2023 27 of 58 Public 


28.2. Rest intervals At a time suitable to the Employer, a rest interval of 10 minutes shall be given to Employees at the completion of each four (4) hours worked. Such rest interval shall be counted as time worked. 28.3. Breastfeeding area The Employer is to provide private and comfortable areas as required for Employees who are breastfeeding to enable them to express or feed children while at work. 29. Annual Leave 29.1. An Employee, other than a Casual Employee, shall be entitled to four (4) weeks of annual leave on ordinary pay per year of service. 29.2. Annual leave shall accrue pro-rata during each pay period. 29.3. Entitlement for annual leave shall accrue as an entitlement; however annual leave may only be taken to the extent that entitlements have been accrued. 29.4. Accrual - Part time Employees Part time Employees shall be entitled pro rata to four (4) weeks of annual leave on ordinary pay at their respective rate. 29.5. Annual leave loading In addition to the payment for annual leave all Employees shall receive a loading equal to 17.5% of the Employee's normal hourly rate for the number of hours deemed to be on annual leave. 29.6 Termination of employment Subject to requirement for notice, accrued annual leave entitlements are payable upon termination. 29.7. Payment for annual leave (a) Annual leave will normally be paid in the usual pay cycle: i.e. in arrears; however, an Employee may request prepayment of annual leave if desired. (b) The cashing out of any annual leave entitlement is prohibited unless in relation to termination entitlements. 29.8. Time of taking leave (a) Annual leave may be taken at a time determined by mutual agreement between the Employer and the Employee. (b) Annual leave may be taken as up to and including the maximum amount of annual leave credits available or otherwise as mutually agreed. The taking of annual leave may be subject to operational considerations. ) Annual leave may be deferred by mutual agreement in writing between the Employer and the Employee. (ii) Notwithstanding provisions elsewhere in the Agreement, an Employee may elect, with the consent of the Employer, to take annual leave in single day periods not exceeding a total of 10 days in any calendar year at a time or times agreed between them. (c) If, at any time, the leave credit of an Employee exceeds four (4) weeks, the Employer may direct the Employee to book in/take an amount of annual leave that will reduce the annual leave credit to less than four (4) weeks within an acceptable time frame. HSV Enterprise Agreement 2023 27 of 58 Public




 



30. Purchased Leave 

30.1. An Employee may, with the agreement of the Employer, work less than 52 weeks per year. Access 
to this entitlement may only be granted on application from an Employee and cannot be required as 
a precondition for employment. 

30.2. An Employee can only make an application under this clause where the Employee does not have 
an excessive annual leave accrual (greater than 152 hours). 

30.3. Where an Employee, with an excessive annual leave accrual, wishes to make an application under 
this clause, the extent of the Employee's excessive annual leave accrual and any plans the 
Employee has to take some or all of their accrued annual leave entitlements in conjunction with any 
approved purchased leave arrangement, will be considered by the Employer in assessing the 
Employee's application for purchased leave. 

30.4. Where the Employer and an Employee agree on an employment arrangement under clause 30.1, 
the annual salary applicable to an employee relative to the additional leave purchased will be as 
follows: 

Proportion of annual Number of additional weeks 
Total amount of leave 
(purchased and annual 

salary applicable of purchased leave 
leave) 

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

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

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

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

(a) The above does not preclude an Employee and the Employer from agreeing to a similar type 
of arrangement that would provide an Employee with additional converted leave of more 
than eight (8) weeks. 

(b) The Employee will receive a salary equal to the period worked (e.g. 50 weeks) which will be 
spread over a 52 week period. 

(c) The accrual of personal/carer's leave and long service leave by the Employee shall remain 
unchanged. 

30.5. The Employer will endeavour to accommodate Employee requests for arrangements under this 
clause subject to operational requirements. Where such requests are granted, the Employer will 
make proper arrangements to ensure that the workloads of other Employees are not unduly 
affected or increased as a result of these arrangements. 

30.6. An Employee may revert to ordinary 52 week employment by giving the Employer no less than four 
(4) weeks' written notice. Where an Employee so reverts to 52 week employment, appropriate pro 
rata salary adjustments will be made. 

30.7. Leave taken in accordance with this clause does not attract leave loading. 

31. Personal Leave 

31.1. Personal leave comprises both sick and carer's leave. Paid personal leave is available to an 
Employee when absence is due to: 

(a) Personal illness or injury (sick leave); or 

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30. Purchased Leave 30.1. An Employee may, with the agreement of the Employer, work less than 52 weeks per year. Access to this entitlement may only be granted on application from an Employee and cannot be required as a precondition for employment. 30.2. An Employee can only make an application under this clause where the Employee does not have an excessive annual leave accrual (greater than 152 hours). 30.3. Where an Employee, with an excessive annual leave accrual, wishes to make an application under this clause, the extent of the Employee's excessive annual leave accrual and any plans the Employee has to take some or all of their accrued annual leave entitlements in conjunction with any approved purchased leave arrangement, will be considered by the Employer in assessing the Employee's application for purchased leave. 30.4. Where the Employer and an Employee agree on an employment arrangement under clause 30.1, the annual salary applicable to an employee relative to the additional leave purchased will be as follows: Proportion of annual Number of additional weeks Total amount of leave salary applicable of purchased leave (purchased and annual leave) 48/52 weeks Additional 4 weeks' leave 8 weeks in total 49/52 weeks Additional 3 weeks' leave 7 weeks in total 50/52 weeks Additional 2 weeks' leave 6 weeks in total 51/52 weeks Additional 1 weeks' leave 5 weeks in total (a) The above does not preclude an Employee and the Employer from agreeing to a similar type of arrangement that would provide an Employee with additional converted leave of more than eight (8) weeks. (b) The Employee will receive a salary equal to the period worked (e.g. 50 weeks) which will be spread over a 52 week period. (c) The accrual of personal/carer's leave and long service leave by the Employee shall remain unchanged. 30.5. The Employer will endeavour to accommodate Employee requests for arrangements under this clause subject to operational requirements. Where such requests are granted, the Employer will make proper arrangements to ensure that the workloads of other Employees are not unduly affected or increased as a result of these arrangements. 30.6. An Employee may revert to ordinary 52 week employment by giving the Employer no less than four (4) weeks' written notice. Where an Employee so reverts to 52 week employment, appropriate pro rata salary adjustments will be made. 30.7. Leave taken in accordance with this clause does not attract leave loading. 31. Personal Leave 31.1. Personal leave comprises both sick and carer's leave. Paid personal leave is available to an Employee when absence is due to: (a) Personal illness or injury (sick leave); or HSV Enterprise Agreement 2023 28 of 58 Public




 



(b) The need to care for an immediate family member who requires the Employee's care and 
support because of: 

(i) the personal illness or injury of the member; or 
(ii) an unexpected emergency affecting the member. 

31.2. The amount of personal leave to which a full-time Employee is entitled is 15 days per year, five (5) 
of which shall be credited to an Employee upon commencement and pro-rata for part-time 
Employees. 

31.3. Personal Leave subsequent to the provisions of clause 31.2 will accrue pro rata during each pay 
period for all Employees. 

31.4. If the full entitlement of personal leave as prescribed in clause 31.2 hereof is not taken in any one 
(1) year, such portion as is not taken will be cumulative from year to year. 

31.5. The Employee is to notify her/his Manager or their delegate by telephone (if possible) prior to the 
normal time of commencement if they are unable to attend work due to personal leave. Notification 
the night before the absence is preferable if possible. 

31.6. For the purposes of clause 31, an immediate family member shall mean: 

(a) A spouse including a de facto spouse, same-sex partner, or spouse from whom the 
Employee is separated. A de facto spouse, in relation to a person, means a person who 
lives with the first mentioned person as the husband or wife or same-sex partner of that 
person on a bona fide domestic basis although not legally married to that person; or 

(b) A father, mother, brother, sister, child, adopted child, step-child, mother-in-law, father-in-law, 
sister-in-law, brother-in-law, niece, nephew, grandparent or grandchild of the Employee; or 

(c) household member or other person of significance. 

31.7. Sick Leave 

(a) The Employer shall not terminate the service of an Employee on the basis that the Employee 
is absent on sick leave. 

(b) An Employee may be absent through sickness for any one (1) day without furnishing 
'acceptable evidence' of sickness on not more than five (5) occasions in any year. An 
Employee absent through sickness for two (2) or more consecutive business days must 
furnish 'acceptable evidence' as per clause 31.7(c) of such sickness within 24 hours of the 
Employee's absence or as soon as practicable thereafter. 

(c) Unless otherwise agreed by the Employer, 'acceptable evidence' will be a medical certificate 
from a legally qualified medical/health practitioner or dentist, issued in respect of the area of 
practice which the practitioner is registered or licensed under a law of Victoria, or if it is not 
reasonably practicable for the Employee to give the Employer a medical certificate, a 
statutory declaration made by the Employee. 

31,8. Carer's leave 

(a) In addition to the entitlement prescribed in clause 31.2, the Employee will be entitled to a 
period of up to two (2) days unpaid carer's leave for each permissible occasion. 

(b) An Employee may be absent for the purposes of carer's leave for any one (1) day without 
furnishing 'acceptable evidence' on not more than five (5) occasions in any year. An 
Employee absent for the purposes of carer's leave for two (2) or more consecutive business 
days must furnish 'acceptable evidence' as per clause 31.S(c) within 24 hours of the 
Employee's absence or as soon as practicable thereafter. 

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

(d) In addition to clause 31.5 the Employee will, wherever practicable, give the Employer notice 
prior to the absence of the intention to take leave; the name of the person requiring care and 

HSV Enterprise Agreement 2023 29 of 58 Public 


(b) The need to care for an immediate family member who requires the Employee's care and support because of: (i) the personal illness or injury of the member; or (ii) an unexpected emergency affecting the member. 31.2. The amount of personal leave to which a full-time Employee is entitled is 15 days per year, five (5) of which shall be credited to an Employee upon commencement and pro-rata for part-time Employees. 31.3. Personal Leave subsequent to the provisions of clause 31.2 will accrue pro rata during each pay period for all Employees 31.4. If the full entitlement of personal leave as prescribed in clause 31.2 hereof is not taken in any one (1) year, such portion as is not taken will be cumulative from year to year. 31.5. The Employee is to notify her/his Manager or their delegate by telephone (if possible) prior to the normal time of commencement if they are unable to attend work due to personal leave. Notification the night before the absence is preferable if possible. 31.6. For the purposes of clause 31, an immediate family member shall mean: (a) A spouse including a de facto spouse, same-sex partner, or spouse from whom the Employee is separated. A de facto spouse, in relation to a person, means a person who lives with the first mentioned person as the husband or wife or same-sex partner of that person on a bona fide domestic basis although not legally married to that person; or (b) A father, mother, brother, sister, child, adopted child, step-child, mother-in-law, father-in-law, sister-in-law, brother-in-law, niece, nephew, grandparent or grandchild of the Employee; or (c) household member or other person of significance. 31.7. Sick Leave (a) The Employer shall not terminate the service of an Employee on the basis that the Employee is absent on sick leave. (b) An Employee may be absent through sickness for any one (1) day without furnishing 'acceptable evidence' of sickness on not more than five (5) occasions in any year. An Employee absent through sickness for two (2) or more consecutive business days must furnish 'acceptable evidence' as per clause 31.7(c) of such sickness within 24 hours of the Employee's absence or as soon as practicable thereafter. (c) Unless otherwise agreed by the Employer, 'acceptable evidence' will be a medical certificate from a legally qualified medical/health practitioner or dentist, issued in respect of the area of practice which the practitioner is registered or licensed under a law of Victoria, or if it is not reasonably practicable for the Employee to give the Employer a medical certificate, a statutory declaration made by the Employee. 31.8. Carer's leave (a) In addition to the entitlement prescribed in clause 31.2, the Employee will be entitled to a period of up to two (2) days unpaid carer's leave for each permissible occasion. (b) An Employee may be absent for the purposes of carer's leave for any one (1) day without furnishing 'acceptable evidence' on not more than five (5) occasions in any year. An Employee absent for the purposes of carer's leave for two (2) or more consecutive business days must furnish 'acceptable evidence' as per clause 31.8(c) within 24 hours of the Employee's absence or as soon as practicable thereafter. (c) Unless otherwise agreed by the Employer, 'acceptable evidence' will be a medical certificate from a legally qualified medical/health practitioner, or if it is not reasonably practicable for the Employee to give the Employer a medical certificate, a statutory declaration made by the Employee. (d) In addition to clause 31.5 the Employee will, wherever practicable, give the Employer notice prior to the absence of the intention to take leave; the name of the person requiring care and HSV Enterprise Agreement 2023 29 of 58 Public




 



her/his relationship to the Employee; the purpose for taking such leave and the estimated 
length of absence. If it is not practicable for the Employee to give prior notice of absence, 
the Employee will notify her/his manager of such absence at the first opportunity on the day 
of absence. 

31.9. Casual Employees - Caring Responsibilities 

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

(i) If they need to care for a member of their immediate family or household who is sick 
and requires care and support, or who requires care due to an unexpected 
emergency; or 

(ii) Upon the death in Australia of an immediate family or household member. 

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

(c) The Employer must not fail to re-engage a Casual Employee because the Employee 
accessed the entitlements provided for in this clause. The rights of an Employer to engage or 
not to engage a Casual Employee are otherwise not affected, other than in accordance with 
this clause. 

32. Compassionate Leave 

32.1. Definition 

In this clause the Employee's immediate family means: 

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

(b) a child or adult child (including an adopted child, a step child or an ex nuptial child), parent, 
grandparent, grandchild, aunt or uncle or sibling of the Employee or the Employee's spouse 
or de facto partner; and 

(c) household member or other person of significance. 

32.2. Amount of compassionate leave 

(a) An Employee, other than a Casual Employee, is entitled to up to three (3) days paid 
compassionate leave on each occasion when: 

(i) a member of the Employee's immediate family: 

• contracts or develops a personal illness that poses a serious threat to her/his life; 
• sustains a personal injury that poses a serious threat to her/his life; or 

• dies; 

(ii) a child is stillborn within the meaning of 34.2(g), where the child would have been a 
member of the Employee's immediate family if the child had been born alive: or 

(iii) the Employee, or the Employee's spouse or de facto partner, has a miscarriage, 

each of which constitutes a permissible occasion for the purposes of this clause 32. 

(b) Clause 32.2(a)(iii) does not apply: 

(i) if the miscarriage results in a stillborn child within the meaning of clause 34.2(g); or 
(ii) to a former spouse, or former de facto partner, of the Employee. 

HSV Enterprise Agreement 2023 30 of 58 Public 


her/his relationship to the Employee; the purpose for taking such leave and the estimated length of absence. If it is not practicable for the Employee to give prior notice of absence, the Employee will notify her/his manager of such absence at the first opportunity on the day of absence. 31.9. Casual Employees - Caring Responsibilities (a) Casual Employees are entitled not to be available to attend work, or to leave work: (i) If they need to care for a member of their immediate family or household who is sick and requires care and support, or who requires care due to an unexpected emergency; or (ii) Upon the death in Australia of an immediate family or household member. (b) The Employer and Employee shall agree on the period for which the Employee will be entitled to not be available to attend work. In the absence of agreement, the Employee is entitled to not be available to attend work for up to two (2) days per permissible occasion. The Casual Employee is not entitled to payment for the period of non-attendance. (c) The Employer must not fail to re-engage a Casual Employee because the Employee accessed the entitlements provided for in this clause. The rights of an Employer to engage or not to engage a Casual Employee are otherwise not affected, other than in accordance with this clause. 32. Compassionate Leave 32.1. Definition In this clause the Employee's immediate family means: (a) the Employee's spouse (including the Employee's former spouse, de facto partner and former de facto partner). A de facto partner means a person who, although not legally married to the Employee, lives with the Employee as a couple on a genuine domestic basis (whether the Employee and the person are of the same sex or different sexes); and (b) a child or adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild, aunt or uncle or sibling of the Employee or the Employee's spouse or de facto partner; and (c) household member or other person of significance. 32.2. Amount of compassionate leave (a) An Employee, other than a Casual Employee, is entitled to up to three (3) days paid compassionate leave on each occasion when: (i) a member of the Employee's immediate family: · contracts or develops a personal illness that poses a serious threat to her/his life; · sustains a personal injury that poses a serious threat to her/his life; or · dies; (ii) a child is stillborn within the meaning of 34.2(g), where the child would have been a member of the Employee's immediate family if the child had been born alive; or (iii) the Employee, or the Employee's spouse or de facto partner, has a miscarriage, each of which constitutes a permissible occasion for the purposes of this clause 32. (b) Clause 32.2(a)(iii) does not apply: () if the miscarriage results in a stillborn child within the meaning of clause 34.2(g); or (ii) to a former spouse, or former de facto partner, of the Employee. HSV Enterprise Agreement 2023 30 of 58 Public




 



(c) An Employee may take compassionate leave for a particular permissible occasion if the 
leave is taken: 

(i) to spend time with the member of the Employee's immediate family who has 
contracted or developed a personal illness or sustained a personal injury referred to in 
clause 32.2(a); or 

(ii) after the death of a member of the Employee's immediate family referred to in clause 
32.2(a). 

(d) An Employee may request additional leave for travel, up to one (1) day either side of each 
occasion, upon the approval of the Chief Executive 

(e) An Employee is not required to take compassionate leave in respect of a permissible 
occasion consecutively. 

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

32.3. Payment for Compassionate Leave ( other than for Casual Employees) 

32.4. An Employee, other than a Casual Employee, who takes paid compassionate leave, is entitled to 
be paid at her/his salary for ordinary hours of work in the period in which the compassionate leave 
is taken. 

32.5. Unpaid Compassionate Leave 

(a) An Employee, including a Casual Employee, may take unpaid compassionate leave by 
agreement with the Employer. 

(b) In addition to the other provisions of this clause, Employees of Aboriginal or Torres Strait 
Islander descent may be granted paid and unpaid leave in relation to the death of a member 
of their immediate family or extended family in accordance with clause 38. 

32.6. Notice and Evidence Requirements 

(a) An Employee who is taking compassionate leave under this clause must give notice to the 
Employer "as soon as practicable" (which may be at a time after the compassionate leave 
has started) and must advise the Employer of the period, or expected period, of the 
compassionate leave. 

(b) An Employee must provide the Employer with satisfactory evidence to support the taking of 
compassionate leave. Satisfactory evidence may include a medical certificate from a 
Registered Practitioner (as that term is defined in clause 31.7(c)), a statutory declaration or 
other relevant documentary evidence to the reasonable satisfaction of the Employer. 

(c) The Employee is not entitled to compassionate leave under this clause unless the Employee 
complies with the evidence and notice requirements set out in this clause. 

33. Long Service Leave 

33.1. Entitlement 

(a) An Employee shall be entitled to long service leave with ordinary pay, in respect of 
continuous service with one (1) and the same Employer in accordance with the provisions of 
this clause. 

(b) An Employee will be entitled to: 

(i) 26 weeks long service leave on ordinary pay after completing 15 years of service; and 
(ii) Eight point six seven (8.67) weeks of long service leave on ordinary pay on completing 

each period of five (5) years of continuous employment with that Employer after the 
first 15 years of continuous employment with that Employer. 

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(c) An Employee may take compassionate leave for a particular permissible occasion if the leave is taken: (i) to spend time with the member of the Employee's immediate family who has contracted or developed a personal illness or sustained a personal injury referred to in clause 32.2(a); or (ii) after the death of a member of the Employee's immediate family referred to in clause 32.2(a). (d) An Employee may request additional leave for travel, up to one (1) day either side of each occasion, upon the approval of the Chief Executive (e) An Employee is not required to take compassionate leave in respect of a permissible occasion consecutively (1) Compassionate leave will not accrue from year to year and will not be paid out on termination of the employment of the Employee. 32.3. Payment for Compassionate Leave (other than for Casual Employees) 32.4. An Employee, other than a Casual Employee, who takes paid compassionate leave, is entitled to be paid at her/his salary for ordinary hours of work in the period in which the compassionate leave is taken. 32.5. Unpaid Compassionate Leave (a) An Employee, including a Casual Employee, may take unpaid compassionate leave by agreement with the Employer. (b) In addition to the other provisions of this clause, Employees of Aboriginal or Torres Strait Islander descent may be granted paid and unpaid leave in relation to the death of a member of their immediate family or extended family in accordance with clause 38. 32.6. Notice and Evidence Requirements (a) An Employee who is taking compassionate leave under this clause must give notice to the Employer "as soon as practicable" (which may be at a time after the compassionate leave has started) and must advise the Employer of the period, or expected period, of the compassionate leave. (b) An Employee must provide the Employer with satisfactory evidence to support the taking of compassionate leave. Satisfactory evidence may include a medical certificate from a Registered Practitioner (as that term is defined in clause 31.7(c)), a statutory declaration or other relevant documentary evidence to the reasonable satisfaction of the Employer. (c) The Employee is not entitled to compassionate leave under this clause unless the Employee complies with the evidence and notice requirements set out in this clause. 33. Long Service Leave 33.1. Entitlement (a) An Employee shall be entitled to long service leave with ordinary pay, in respect of continuous service with one (1) and the same Employer in accordance with the provisions of this clause. (b) An Employee will be entitled to: (i) 26 weeks long service leave on ordinary pay after completing 15 years of service; and (ii) Eight point six seven (8.67) weeks of long service leave on ordinary pay on completing each period of five (5) years of continuous employment with that Employer after the first 15 years of continuous employment with that Employer. HSV Enterprise Agreement 2023 31 of 58 Public




 



33.2. If an Employee has completed at least 10, but less than 15 years continuous service, the Employee 
is entitled to access an amount of long service leave equal to 11301" of the period of continuous 
service by agreement with the Employer. 

33.3. If an Employee's employment ceases and the Employee has completed at least seven (7) years of 
continuous service but less than 15 years of service, the Employee will be entitled to an amount of 
long service leave equal to 113D~ of the period of her/his continuous employment. 

33.4. Payment for long service leave may be made in a lump sum or in regular fortnightly instalments as 
agreed between the parties. 

33.5. Continuous service 

(a) For the purposes of this Agreement a yearof employment shall be deemed to be unbroken 
notwithstanding: 

(i) any annual leave, long service leave, paid personal leave or paid parental leave taken 
therein; 

(ii) any interruption or ending of the employment by the Employer if such interruption or 
ending is made with the intention of avoiding obligations in respect of annual leave or 
long service leave; 

(iii) any absence from work of not more than 14 days in the year of employment on 
account of Accident pay (as per clause 45) or unpaid sick leave; 

(iv) any absence on account of leave (other than annual leave, long service leave, paid 
personal leave or paid parental leave) granted, imposed or agreed to by the Employer; 
or 

(v) any absence on any other account not involving termination of employment, 

and in calculating a year of employment, absences of a kind mentioned in clauses 
33.S{a){i), 33.S(a)(ii), 33,S(a)(iii) shall be counted as part of the year of employment but in 
respect of absences of a kind mentioned in clauses 33.S(a)(iv) and 33.S(a)(v) it will be 
necessary for the Employee as part of her/his qualification for annual leave to serve such 
additional period as equals the period of such absences. 

33.6. For the purposes of this clause, "ordinary pay" means the pay an Employee is entitled to receive at 
the time she/he takes long service leave for working her/his normal weekly hours at her/his 
ordinary time rate of pay. 

33.7. If no normal weekly number of hours of work is fixed for an Employee's work under this Agreement; 
or the normal weekly number of hours is fixed but is changed one (1) or more times during the 12 
months immediately before the Employee takes long service leave, the Employee's normal weekly 
number of hours of work is to be taken to be the greater of the following: 

(a) The average weekly number of hours worked by the Employee in the 12 months immediately 
before she/he takes long service leave; or 

(b) The average weekly number of hours worked by the Employee in the five (5) years 
immediately before she/he takes long service leave. 

33.8. Record Keeping 

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

33.9. Treatment of Public Holidays 

Any long service leave shall be exclusive of any public holiday occurring during the period when 
the leave is taken. 

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33.2. If an Employee has completed at least 10, but less than 15 years continuous service, the Employee is entitled to access an amount of long service leave equal to 1/30th of the period of continuous service by agreement with the Employer. 33.3. If an Employee's employment ceases and the Employee has completed at least seven (7) years of continuous service but less than 15 years of service, the Employee will be entitled to an amount of long service leave equal to 1/30th of the period of her/his continuous employment. 33.4. Payment for long service leave may be made in a lump sum or in regular fortnightly instalments as agreed between the parties. 33.5. Continuous service (a) For the purposes of this Agreement a year of employment shall be deemed to be unbroken notwithstanding: (i) any annual leave, long service leave, paid personal leave or paid parental leave taken therein; (ii) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; (iii) any absence from work of not more than 14 days in the year of employment on account of Accident pay (as per clause 45) or unpaid sick leave; (iv) any absence on account of leave (other than annual leave, long service leave, paid personal leave or paid parental leave) granted, imposed or agreed to by the Employer; or (v) any absence on any other account not involving termination of employment, and in calculating a year of employment, absences of a kind mentioned in clauses 33.5(a)(i), 33.5(a)(ii), 33.5(a)(iii) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in clauses 33.5(a)(iv) and 33.5(a)(v) it will be necessary for the Employee as part of her/his qualification for annual leave to serve such additional period as equals the period of such absences. 33.6. For the purposes of this clause, "ordinary pay" means the pay an Employee is entitled to receive at the time she/he takes long service leave for working her/his normal weekly hours at her/his ordinary time rate of pay. 33.7. If no normal weekly number of hours of work is fixed for an Employee's work under this Agreement; or the normal weekly number of hours is fixed but is changed one (1) or more times during the 12 months immediately before the Employee takes long service leave, the Employee's normal weekly number of hours of work is to be taken to be the greater of the following: (a) The average weekly number of hours worked by the Employee in the 12 months immediately before she/he takes long service leave; or (b) The average weekly number of hours worked by the Employee in the five (5) years immediately before she/he takes long service leave. 33.8. Record Keeping The Employer shall keep or cause to be kept a long service record for each Employee, containing particulars of service, leave taken and payments made. 33.9. Treatment of Public Holidays Any long service leave shall be exclusive of any public holiday occurring during the period when the leave is taken. HSV Enterprise Agreement 2023 32 of 58 Public




 



34. Parental Leave 

34.1. Application 

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

(i) the leave is associated with: 

• the birth of a Child of the Employee or the Employee's Spouse; or 
• the placement of a Child with the Employee for adoption; and 

(ii) the Employee has or will have a responsibility for the care of the Child. 

34.2. Definitions 

For the purposes of this clause: 

(a) Eligible Casual Employee means a Casual Employee: 

(i) employed by the Employer on a regular and systematic basis for a continuing period 
or sequence of periods of employment during a period of at least 12 months; and 

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

(b) Continuous Service is work for the Employer on a regular and systematic basis (including 
any period of authorised leave). Previous service within the public health sector is to be 
regarded for the purpose of accessing the entitlement to paid parental or adoption leave for 
Employees with less than 12 months service with the Employer. 

(c) Child means: 

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

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

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

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

• is not (otherwise than because of the adoption) a child of the Employee or the 
Employee's spouse. 

(d) Primary Caregiver means the person who is the primary carer of a newborn or newly 
adopted Child. The primary carer is the person who meets the Child's physical needs more 
than anyone else. Only one (1) person can be a Child's primary carer on a particular day. In 
most cases the Primary Caregiver will be the birth mother of a newborn or the initial primary 
carer of a newly adopted Child. 

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

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

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34. Parental Leave 34.1. Application (a) Full-time, part-time and Eligible Casual Employees are entitled to parental leave under this clause if: (i) the leave is associated with: · the birth of a Child of the Employee or the Employee's Spouse; or · the placement of a Child with the Employee for adoption; and (ii) the Employee has or will have a responsibility for the care of the Child. 34.2. Definitions For the purposes of this clause: (a) Eligible Casual Employee means a Casual Employee: (i) employed by the Employer on a regular and systematic basis for a continuing period or sequence of periods of employment during a period of at least 12 months; and (ii) who has, but for accessing parental leave under this clause, a reasonable expectation of continuing employment by the Employer on a regular and systematic basis. (b) Continuous Service is work for the Employer on a regular and systematic basis (including any period of authorised leave). Previous service within the public health sector is to be regarded for the purpose of accessing the entitlement to paid parental or adoption leave for Employees with less than 12 months service with the Employer. (c) Child means: (i) in relation to birth-related leave, a child (or children from a multiple birth) of the Employee or the Employee's Spouse, including a Stillborn Child; (ii) in relation to adoption-related leave, a child (or children) who will be placed with an Employee, and: · who is, or will be, under 16 as at the day of placement, or the expected day of placement; . has not, or will not have, lived continuously with the Employee for a period of six (6) months or more as at the day of placement, or the expected day of placement; and . is not (otherwise than because of the adoption) a child of the Employee or the Employee's spouse. (d) Primary Caregiver means the person who is the primary carer of a newborn or newly adopted Child. The primary carer is the person who meets the Child's physical needs more than anyone else. Only one (1) person can be a Child's primary carer on a particular day. In most cases the Primary Caregiver will be the birth mother of a newborn or the initial primary carer of a newly adopted Child. (e) Secondary Caregiver means a person who has parental responsibility for the Child but is not the Primary Caregiver. (f) Spouse includes a de facto spouse, former spouse or former de facto spouse. The Employee's de facto spouse means a person who lives with the Employee as husband, wife or same sex partner on a bona fide domestic basis, whether or not legally married to the Employee. HSV Enterprise Agreement 2023 33 of 58 Public




 



(g) Stillborn child is a Child within the meaning of clause 34.2(c)(i): 

(i) who weighs at least 400 grams at delivery or whose period of gestation was at least 
20 weeks; 

(ii) who has not breathed since delivery; and 
(iii) whose heart has not beaten since delivery. 

34.3. Summary of Parental Leave Entitlements 

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

Paid leave Unpaid leave Total 

Primary Caregiver 

More than 12 months service 14 weeks Up to 38 weeks 52 weeks 

Less than 12 months service 0 Up to 52 weeks 52 weeks 

Eligible Casual Employee 0 Up to 52 weeks 52 weeks 

Secondary Caregiver 

More than 12 months service 2 weeks Up to 50 weeks 52 weeks 

Less than 12 months service 0 Up to 52 weeks 52 weeks 

Eligible Casual Employee 0 Up to 52 weeks 52 weeks 

Pre-natal leave 

Pregnant Employee 38 hours 

Spouse 7.6 hours 

Permanent Care Leave 

More than 12 months service 14 weeks Up to 38 weeks 52 weeks 

Less than 12 months service 0 Up to 52 weeks 52 weeks 

Grandparent Leave 0 Up to 52 weeks 52 weeks 

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(g) Stillborn child is a Child within the meaning of clause 34.2(c)(i): (i) who weighs at least 400 grams at delivery or whose period of gestation was at least 20 weeks; (ii) who has not breathed since delivery; and (iii) whose heart has not beaten since delivery. 34.3. Summary of Parental Leave Entitlements Parental leave entitlements in this clause are summarised in the following table. Paid leave Unpaid leave Total Primary Caregiver More than 12 months service 14 weeks Up to 38 weeks 52 weeks Less than 12 months service 0 Up to 52 weeks 52 weeks Eligible Casual Employee 0 Up to 52 weeks 52 weeks Secondary Caregiver More than 12 months service 2 weeks Up to 50 weeks 52 weeks Less than 12 months service 0 Up to 52 weeks 52 weeks Eligible Casual Employee 0 Up to 52 weeks 52 weeks Pre-natal leave Pregnant Employee 38 hours Spouse 7.6 hours Permanent Care Leave More than 12 months service 14 weeks Up to 38 weeks 52 weeks Less than 12 months service 0 Up to 52 weeks 52 weeks Grandparent Leave 0 Up to 52 weeks 52 weeks HSV Enterprise Agreement 2023 34 of 58 Public




 



34.4. Parental Leave - Primary Caregiver 

(a) An Employee who has, or will have, completed at least 12 months paid Continuous SeNice 
and who will be the Primary Caregiver at the time of the birth or adoption of their Child. is 
entitled to up to 52 weeks parental leave, comprising: 

(i) 14 weeks paid parental leave; and 
(ii) up to 38 weeks unpaid parental leave. 

(b) An Employee who will be the Primary Caregiver but has not completed at least 12 months 
paid Continuous SeNice at the time of the birth or adoption of their Child, is entitled to up to 
52 weeks unpaid parental leave. 

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

(d) Only one (1) parent can receive Primary Caregiver parental leave entitlements in respect to 
the birth or adoption of their Child. An Employee cannot receive Primary Caregiver parental 
leave entitlements: 

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

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

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

(e) A period of parental leave taken in accordance with this clause must be for a single 
continuous period. 

34.5. Parental Leave - Secondary Caregiver 

(a) An Employee who has, or will have, completed at least 12 months paid Continuous SeNice 
and who will be the Secondary Caregiver at the time of the birth or adoption of their Child, is 
entitled to up to 52 weeks parental leave, comprising: 

(i) two (2) weeks paid parental leave; and 
(ii) up to 50 weeks unpaid parental leave. 

(b) An Employee who will be the Secondary Caregiver but has not completed at least 12 months 
paid Continuous SeNice at the time of the birth or adoption, is entitled to up to 52 weeks 
unpaid parental leave. 

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

(d) Only one (1) parent can receive Secondary Caregiver parental leave entitlements in respect 
to the birth or adoption of their Child. 

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

34.6. Pre-Natal Leave 

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

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

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34.4. Parental Leave - Primary Caregiver (a) An Employee who has, or will have, completed at least 12 months paid Continuous Service and who will be the Primary Caregiver at the time of the birth or adoption of their Child, is entitled to up to 52 weeks parental leave, comprising: (i) 14 weeks paid parental leave; and (ii) up to 38 weeks unpaid parental leave. (b) An Employee who will be the Primary Caregiver but has not completed at least 12 months paid Continuous Service at the time of the birth or adoption of their Child, is entitled to up to 52 weeks unpaid parental leave. (c) An Eligible Casual Employee who will be the Primary Caregiver at the time of the birth or adoption of their Child is entitled to up to 52 weeks unpaid parental leave. (d) Only one (1) parent can receive Primary Caregiver parental leave entitlements in respect to the birth or adoption of their Child. An Employee cannot receive Primary Caregiver parental leave entitlements: (i) if their Spouse is, or will be, the Primary Caregiver at the time of the birth or adoption of their Child; (ii) if their Spouse has received, or will receive, paid maternity leave, primary caregiver entitlements, or a similar entitlement, from their Employer; or (iii) if the Employee has received, or will receive, Secondary Caregiver parental leave entitlements in relation to their Child. (e) A period of parental leave taken in accordance with this clause must be for a single continuous period. 34.5. Parental Leave - Secondary Caregiver ) An Employee who has, or will have, completed at least 12 months paid Continuous Service and who will be the Secondary Caregiver at the time of the birth or adoption of their Child, is entitled to up to 52 weeks parental leave, comprising: (i) two (2) weeks paid parental leave; and (ii) up to 50 weeks unpaid parental leave. (b) An Employee who will be the Secondary Caregiver but has not completed at least 12 months paid Continuous Service at the time of the birth or adoption, is entitled to up to 52 weeks unpaid parental leave. (c) An Eligible Casual Employee who will be the Secondary Caregiver at the time of the birth or adoption of their Child is entitled to up to 52 weeks unpaid parental leave (d) Only one (1) parent can receive Secondary Caregiver parental leave entitlements in respect to the birth or adoption of their Child (e) An Employee cannot receive Secondary Caregiver parental leave entitlements where the Employee has received Primary Caregiver parental leave entitlements in relation to their Child. 34.6. Pre-Natal Leave (a) A pregnant Employee will have access to paid leave totalling up to 38 hours per pregnancy to enable the Employee to attend routine medical appointments associated with the pregnancy. The Employer should be flexible enough to allow the Employee the ability to leave work and return on the same day. (b) An Employee who has a Spouse who is pregnant will have access to paid leave totalling up to 7.6 hours per pregnancy to enable the Employee to attend routine medical appointments associated with the pregnancy. HSV Enterprise Agreement 2023 35 of 58 Public




 



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

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

34.7. Pre-adoption leave 

(a) 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. 

(b) The Employee and the Employer should agree on the length of the unpaid leave. Where 
agreement cannot be reached, the Employee is entitled to take up to two (2) days unpaid 
leave. 

(c) Where paid leave is available to the Employee, the Employer may require the Employee to 
take such leave instead. 

(d) The Employer may require the Employee to provide satisfactory evidence supporting the 
leave. 

34.8. Permanent Care Leave 

If, pursuant to the Children, Youth and Families Act 2005 (Vic) or any successor to that legislation, 
an Employee (other than a Casual Employee), is granted a permanent care order in relation to the 
custody or guardianship of a Child and the Employee is the Primary Caregiver for that Child, the 
Employee will be entitled to 14 weeks' paid leave at a time to be agreed with the Employer. 

34.9. Grandparent Leave 

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

34.10. Continuing to work while pregnant 

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

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

(ii) is on paid leave under clause 34.12(b). 

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

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

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

34.11. Personal/Carer's Leave 

A pregnant Employee, not then on parental leave, who is suffering from an illness whether related 
or not to the pregnancy, may take any paid and/or unpaid personal/carer's leave in accordance 
with clause 31. 

34.12. Transfer to a Safe Job 

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

(b) If the Employer does not think it to be reasonably practicable to transfer the Employee to a 
safe job, the Employee may take no safe job paid leave, or the Employer may require the 

HSV Enterprise Agreement 2023 36 of 58 Public 


(c) The Employee is required to provide a medical certificate from a registered medical practitioner confirming that the Employee or their Spouse is pregnant. Each absence on pre- natal leave must also be covered by a medical certificate. (d) Paid pre-natal leave is not available to Casual Employees. 34.7. Pre-adoption leave (a) 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. (b) The Employee and the Employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the Employee is entitled to take up to two (2) days unpaid leave. (c) Where paid leave is available to the Employee, the Employer may require the Employee to take such leave instead. (d) The Employer may require the Employee to provide satisfactory evidence supporting the leave. 34.8. Permanent Care Leave If, pursuant to the Children, Youth and Families Act 2005 (Vic) or any successor to that legislation, an Employee (other than a Casual Employee), is granted a permanent care order in relation to the custody or guardianship of a Child and the Employee is the Primary Caregiver for that Child, the Employee will be entitled to 14 weeks' paid leave at a time to be agreed with the Employer. 34.9. Grandparent Leave An Employee, who is or will be the Primary Caregiver of a grandchild, is entitled to a period of up to 52 weeks' continuous unpaid grandparent leave in respect of the birth or adoption of the grandchild of the Employee. 34.10. Continuing to work while pregnant (a) The Employer may require a pregnant Employee to provide a medical certificate stating that the Employee is fit to work their normal duties where the Employee: (i) continues to work within a six (6) week period immediately prior to the expected date of birth of the Child; or (ii) is on paid leave under clause 34.12(b). (b) The Employer may require the Employee to start parental leave if the Employee: (i) does not give the Employer the requested certificate within seven (7) days of the request; or ) gives the Employer a medical certificate stating that the Employee is unfit to work. 34.11. Personal/Carer's Leave A pregnant Employee, not then on parental leave, who is suffering from an illness whether related or not to the pregnancy, may take any paid and/or unpaid personal/carer's leave in accordance with clause 31. 34.12. Transfer to a Safe Job (a) Where an Employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the Employee make it inadvisable for the Employee to continue at their present work, the Employee will, if the Employer deems it practicable, be transferred to a safe job with no other change to the Employee's terms and conditions of employment until the commencement of parental leave. (b) If the Employer does not think it to be reasonably practicable to transfer the Employee to a safe job, the Employee may take no safe job paid leave, or the Employer may require the HSV Enterprise Agreement 2023 36 of 58 Public




 



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

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

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

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

(d} A pregnant employee may take unpaid parental leave (flexible unpaid parental leave) during 
the period that starts 6 weeks before the expected date of birth of the child if the 
requirements of this clause are satisfied in relation to the leave. 

(e.) Flexible unpaid parental leave under clause 35.12(d) above is available in full to pregnant 
part-time employees and pregnant casual employees 

(f) The amount of flexible unpaid parental leave to which an employee is entitled under clause 
35.18 in relation to the child is reduced by the number of days of flexible unpaid parental 
leave taken by the employee under subsection 35.12(d) 

34.13. Special Parental Leave 

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

(a) Where the pregnancy terminates during the first 20 weeks, during the certified periodls the 
Employee is entitled to access any paid and/or unpaid personal/carer's leave entitlements in 
accordance with clause 31; 

(b) Where the pregnancy terminates after the completion of 20 weeks, during the certified 
periodls the Employee is entitled to paid special maternity leave not exceeding the amount of 
paid parental leave available under clause 34.3 and thereafter, to unpaid special maternity 
leave. 

34.14. Notice and evidence requirements 

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

(i) that the Employee will become either the Primary Caregiver or Secondary Caregiver 
of the Child, as appropriate; 

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

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

(b) At least four (4) weeks before the intended commencement of parental leave, the Employee 
must confirm in writing the intended start and end dates of the parental leave, or advise the 
Employer of any changes to the notice provided in clause 34.14(a), unless it is not 
practicable to do so. 

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

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

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

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Employee to take no safe job paid leave immediately for a period which ends at the earliest of either: (i) when the Employee is certified unfit to work during the six (6) week period before the expected date of birth by a registered medical practitioner; or when the Employee's pregnancy results in the birth of a living Child or when the Employee's pregnancy ends otherwise than with the birth of a living Child. (c) The entitlement to no safe job leave is in addition to any other leave entitlement the Employee has. (d) A pregnant employee may take unpaid parental leave (flexible unpaid parental leave) during the period that starts 6 weeks before the expected date of birth of the child if the requirements of this clause are satisfied in relation to the leave. (e.) Flexible unpaid parental leave under clause 35.12(d) above is available in full to pregnant part-time employees and pregnant casual employees (f) The amount of flexible unpaid parental leave to which an employee is entitled under clause 35.18 in relation to the child is reduced by the number of days of flexible unpaid parental leave taken by the employee under subsection 35.12(d) 34.13. Special Parental Leave Where the pregnancy of an Employee not then on parental leave terminates other than by the birth of a living Child, the Employee may take leave for such periods as a registered medical practitioner certifies as necessary, as follows: (a) Where the pregnancy terminates during the first 20 weeks, during the certified period/s the Employee is entitled to access any paid and/or unpaid personal/carer's leave entitlements in accordance with clause 31; (b) Where the pregnancy terminates after the completion of 20 weeks, during the certified period/s the Employee is entitled to paid special maternity leave not exceeding the amount of paid parental leave available under clause 34.3 and thereafter, to unpaid special maternity leave. 34.14. Notice and evidence requirements (a) An Employee must give at least 10 weeks written notice of the intention to take parental leave, including the proposed start and end dates. At this time, the Employee must also provide a statutory declaration stating: (i) that the Employee will become either the Primary Caregiver or Secondary Caregiver of the Child, as appropriate; (ii) the particulars of any parental leave taken or proposed to be taken or applied for by the Employee's Spouse; and (iii) that for the period of parental leave the Employee will not engage in any conduct inconsistent with their contract of employment. (b) At least four (4) weeks before the intended commencement of parental leave, the Employee must confirm in writing the intended start and end dates of the parental leave, or advise the Employer of any changes to the notice provided in clause 34.14(a), unless it is not practicable to do so. (c) The Employer may require the Employee to provide evidence which would satisfy a reasonable person of: (i) in the case of birth-related leave, the date of birth of the Child (including without limitation, a medical certificate stating the date of birth or expected date of birth); or (ii) in the case of adoption-related leave, the commencement of the placement (or expected day of placement) of the Child and that the Child will be under 16 years of age as at the day of placement or expected day of placement. HSV Enterprise Agreement 2023 37 of 58 Public




 



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

34.15. Commencement of parental leave 

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

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

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

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

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

34.16. Single period of parental leave 

Subject to clauses 34.17 (Concurrent Leave) and 34.18 (Flexible Parental Leave), parental leave 
is to be available to only one (1) parent at a time, in a single unbroken period. 

34.17. Employee Couple-Concurrent Leave 

(a) Employees can take up to 12 months of unpaid parental leave and request a further 12 
months of unpaid parental leave, regardless of how much their spouse or de facto partner 
takes, up to a total of 24 months each. 

(b) All employees will be able to take unpaid parental leave at any time during the 24-month 
period starting on the date of birth of the child 

(c) An employee can take any amount of their leave at the same time as their partner 

34.18. Flexible Parental Leave 

Up to 100 days (or more if a higher number of days is prescribed by the Regulations to the Act) of unpaid 
parental leave may be taken flexibly in accordance with section 72A of the Act. An Employee's entitlement to 
any unpaid parental leave that is not flexible unpaid parental leave ends on the first day the employee takes 
flexible unpaid parental leave. 

34.19. Parental Leave and Other Entitlements 

(a) An Employee may in lieu of or in conjunction with parental leave, access any annual leave or 
long service leave entitlements which they have accrued subject to the total amount of leave 
not exceeding 52 weeks or a longer period as agreed under clause 34.21 (b). 

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

(c) Unpaid parental leave under clauses 34.4, 34.5, 34.21 and 34.23 shall not break an 
Employee's continuity of employment but it will not count as service for leave accrual or 
other purposes. 

34.20. Keeping in touch days 

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(d) An Employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement or placement occurring earlier than the expected date or in other compelling circumstances. In these circumstances the notice and evidence requirements of this clause should be provided as soon as reasonably practicable. 34.15. Commencement of parental leave (a) An Employee who is pregnant may commence Primary Caregiver parental leave at any time within 14 weeks prior to the expected date of birth of the Child. The period of parental leave must commence no later than the date of birth of the Child. (b) In all other cases, Primary Caregiver parental leave commences on the day of birth or placement of the Child. (c) Secondary caregiver parental leave may commence on the day of birth or placement of the Child. (d) The Employer and Employee may agree to alternative arrangements regarding the commencement of parental leave. (e) Unless otherwise agreed, any entitlement to paid parental leave will be paid from the date of commencement of parental leave. 34.16. Single period of parental leave Subject to clauses 34.17 (Concurrent Leave) and 34.18 (Flexible Parental Leave), parental leave is to be available to only one (1) parent at a time, in a single unbroken period. 34.17. Employee Couple - Concurrent Leave (a) Employees can take up to 12 months of unpaid parental leave and request a further 12 months of unpaid parental leave, regardless of how much their spouse or de facto partner takes, up to a total of 24 months each (b) All employees will be able to take unpaid parental leave at any time during the 24-month period starting on the date of birth of the child (c) An employee can take any amount of their leave at the same time as their partner 34.18. Flexible Parental Leave Up to 100 days (or more if a higher number of days is prescribed by the Regulations to the Act) of unpaid parental leave may be taken flexibly in accordance with section 72A of the Act. An Employee's entitlement to any unpaid parental leave that is not flexible unpaid parental leave ends on the first day the employee takes flexible unpaid parental leave. 34.19. Parental Leave and Other Entitlements (a) An Employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks or a longer period as agreed under clause 34.21(b). (b) Where a Public Holiday occurs during a period of paid parental leave, the Public Holiday is not to be regarded as part of the paid parental leave and the Employer will grant the Employee a day off in lieu, to be taken by the Employee immediately following the period of paid parental leave. (c) Unpaid parental leave under clauses 34.4, 34.5, 34.21 and 34.23 shall not break an Employee's continuity of employment but it will not count as service for leave accrual or other purposes. 34.20. Keeping in touch days HSV Enterprise Agreement 2023 38 of 58 Public




 



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

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

34.21. Extending parental leave 

(a) Extending the initial period of parental leave 

(i) An Employee, who is on an initial period of parental leave of less than 52 weeks under 
clause 34.4 or 34.5, may extend the period of their parental leave on one (1) occasion 
up to the full 52 week entitlement. 

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

(b) Right to request an extension to parental leave 

(i) An Employee who is on parental leave under clause 34.4 or 34.5 may request an 
extension of unpaid parental leave for a further period of up to 12 months immediately 
following the end of the current parental leave period. 

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

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

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

(c). Response to request 

(i.) The Employer must give the Employee a response to a request made under 
clause 34.21 within 21 days. 

(ii.) The response must: 

• state that the Employer grants the request; or 
• if, following discussion between the Employer and the Employee, the 

Employer and the Employee agree to an extension of unpaid parental leave 
for the Employee for a period that differs from the period requested-set out 
the agreed extended period; or 

HSV Enterprise Agreement 2023 

i. subject to clause (ii.)b, state that the Employer 
refuses the request including the information 
required by clause (ii.)e. 

b. The Employer may refuse the request only if: 

i. the Employer has discussed the request with 
the Employee and genuinely tried to reach an 
agreement with the Employee about an 
extension of the period of unpaid parental leave 
for the Employee; and 

ii. the Employer and the Employee have not 
reached such an agreement; and 

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(a) During a period of parental leave an Employer and Employee may agree to perform work for the purpose of keeping in touch in order to facilitate a return to employment at the end of the period of leave (b) Keeping in touch days must be agreed and be in accordance with section 79A of the Act. 34.21. Extending parental leave (a) Extending the initial period of parental leave (i) An Employee, who is on an initial period of parental leave of less than 52 weeks under clause 34.4 or 34.5, may extend the period of their parental leave on one (1) occasion up to the full 52 week entitlement. (ii) The Employee must notify the Employer in writing at least four (4) weeks prior to the end date of their initial parental leave period. The notice must specify the new end date of the parental leave. (b) Right to request an extension to parental leave ) An Employee who is on parental leave under clause 34.4 or 34.5 may request an extension of unpaid parental leave for a further period of up to 12 months immediately following the end of the current parental leave period (ii) In the case of an Employee who is a member of an Employee couple, the period of the extension cannot exceed 12 months, less any period of parental leave that the other member of the Employee couple will have taken in relation to the Child. (iii) The Employee's request must be in writing and given to the Employer at least four (4) weeks before the end of the current parental leave period. The request must specify any parental leave that the Employee's spouse will have taken. (iv) The Employer shall consider the request having regard to the Employee's circumstances and, provided the request is based on the Employee's parental responsibilities, may only refuse the request on reasonable business grounds. (c). Response to request (i.) The Employer must give the Employee a response to a request made under clause 34.21 within 21 days. (ii.) The response must state that the Employer grants the request; or . if, following discussion between the Employer and the Employee, the Employer and the Employee agree to an extension of unpaid parental leave for the Employee for a period that differs from the period requested-set out the agreed extended period; or i. subject to clause (ii.)b, state that the Employer refuses the request including the information required by clause (ii.)e. b. The Employer may refuse the request only if: i. the Employer has discussed the request with the Employee and genuinely tried to reach an agreement with the Employee about an extension of the period of unpaid parental leave for the Employee; and ii. the Employer and the Employee have not reached such an agreement; and HSV Enterprise Agreement 2023 39 of 58 Public




 



iii. the Employer has had regard to the 
consequences of the refusal for the Employee; 
and 

iv. the refusal is on reasonable business grounds. 

c. The requirement to genuinely try to reach agreement 
described in clause (ii.)b does not require the Employer 
to agree to a change to working arrangements if it 
would have reasonable business grounds for refusing 
the request. 

d. 'Reasonable business grounds' for the purposes of this 
clause 34.21 include (without limitation): 

i. that the extension of the period of unpaid 
parental leave requested by the Employee 
would be too costly for the Employer; 

ii. that there is no capacity to change the working 
arrangements of other Employees to 
accommodate the extension of the period of 
unpaid parental leave requested by the 
Employee; 

iii. that it would be impractical to change the 
working arrangements of other Employees, or 
recruit new Employees, to accommodate the 
extension of the period of unpaid parental leave 
requested by the Employee; 

iv. that the extension of the period of unpaid 
parental leave requested by the Employee 
would be likely to result in a significant loss in 
efficiency or productivity; 

v. that the extension of the period of unpaid 
parental leave requested by the Employee 
would be likely to have a significant negative 
impact on customer service. 

e. If the Employer refuses a request made under this 
clause 34.21, the written notice must: 

i. include details of the reasons for the refusal; 
and 

ii. set out the employer's particular business 
grounds for refusing the request; and explain 
how those grounds apply to the request; and 

Iii. either: 
(a) set out the extension of the period of unpaid parental leave for the employee 

(other than the period requested by the employee) that the employer would 
be willing to agree to; or 

(b) state that there is no extension of the period that the employer would be 
willing to agree to; and 

HSV Enterprise Agreement 2023 

iv. set out the effect of sections 76B and 76C of 
the Act, which allows the Fair Work 
Commission to deal with disputes, including by 
arbitration, that relate to a request for an 
extension of unpaid parental leave made under 
section 76 of the Act. 

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iii. the Employer has had regard to the consequences of the refusal for the Employee; and iv. the refusal is on reasonable business grounds. c. The requirement to genuinely try to reach agreement described in clause (ii.)b does not require the Employer to agree to a change to working arrangements if it would have reasonable business grounds for refusing the request d. 'Reasonable business grounds' for the purposes of this clause 34.21 include (without limitation): i. that the extension of the period of unpaid parental leave requested by the Employee would be too costly for the Employer; ii. that there is no capacity to change the working arrangements of other Employees to accommodate the extension of the period of unpaid parental leave requested by the Employee; ili. that it would be impractical to change the working arrangements of other Employees, or recruit new Employees, to accommodate the extension of the period of unpaid parental leave requested by the Employee; iv. that the extension of the period of unpaid parental leave requested by the Employee would be likely to result in a significant loss in efficiency or productivity; v. that the extension of the period of unpaid parental leave requested by the Employee would be likely to have a significant negative impact on customer service. e. If the Employer refuses a request made under this clause 34.21, the written notice must: i. include details of the reasons for the refusal; and ii. set out the employer's particular business grounds for refusing the request; and explain how those grounds apply to the request; and iii. either: (a) set out the extension of the period of unpaid parental leave for the employee (other than the period requested by the employee) that the employer would be willing to agree to; or (b) state that there is no extension of the period that the employer would be willing to agree to; and iv. set out the effect of sections 76B and 76C of the Act, which allows the Fair Work Commission to deal with disputes, including by arbitration, that relate to a request for an extension of unpaid parental leave made under section 76 of the Act. HSV Enterprise Agreement 2023 40 of 58 Public




 



(c) Total period of parental leave 

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

24 months. 
(ii) In the case of an Employee Couple, the total period of parental leave for both parents 

combined, including any extensions, must not extend beyond 24 months. The 
Employee's entitlement to parental leave under clause 34.4 or 34.5 will reduce by the 
period of any extension taken by a member of the couple under clause 34.21. 

34.22. Calculation of pay for the purposes of parental leave 

(a) The calculation of weekly pay for paid parental leave purposes will be based on the average 
number of ordinary hours worked by the Employee over the past three (3) years. The 
calculation will exclude periods of unpaid parental leave 

(b) The average number of weekly hours worked by the Employee, determined in accordance 
with clause 34.22(a) above, will be then applied to the annual salary applicable to the 
Employee's classification and salary point at the time of taking parental leave to determine 
the actual rate of pay whilst on parental leave. 

(c) Despite clause 34.22(a), an Employee who reduces the lime fraction they work to better 
cope during pregnancy will not have their subsequent paid parental leave reduced 

accordingly. 
(d) Half Pay 

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

34.23. Commonwealth Paid Parental Leave 

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

34.24. Returning to Work 

(a) Returning to work early 

(i) During the period of parental leave an Employee may return to work at any time as 
agreed between the Employer and the Employee, provided that time does not exceed 
four ( 4) weeks from the recommencement date desired by the Employee. 

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

(b) Returning to work at conclusion of leave 

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

(ii) Subject to clause 34.24(b)(iii), an Employee will be entitled to the position which they 
held immediately before proceeding on parental leave. In the case of an Employee 
transferred to a safe job pursuant to clause 34.12 above, the Employee will be entitled 
to return to the position they held immediately before such transfer. 

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

(c) Returning to work at a reduced time fraction 

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(c) Total period of parental leave (i) The total period of parental leave, including any extensions, must not extend beyond 24 months. (ii) In the case of an Employee Couple, the total period of parental leave for both parents combined, including any extensions, must not extend beyond 24 months. The Employee's entitlement to parental leave under clause 34.4 or 34.5 will reduce by the period of any extension taken by a member of the couple under clause 34.21. 34.22. Calculation of pay for the purposes of parental leave (a) The calculation of weekly pay for paid parental leave purposes will be based on the average number of ordinary hours worked by the Employee over the past three (3) years. The calculation will exclude periods of unpaid parental leave (b) The average number of weekly hours worked by the Employee, determined in accordance with clause 34.22(a) above, will be then applied to the annual salary applicable to the Employee's classification and salary point at the time of taking parental leave to determine the actual rate of pay whilst on parental leave. (c) Despite clause 34.22(a), an Employee who reduces the time fraction they work to better cope during pregnancy will not have their subsequent paid parental leave reduced accordingly. (d) Half Pay The Employee may elect to take any paid parental leave entitlement at half pay for a period equal to twice the period to which the Employee would otherwise be entitled. 34.23. Commonwealth Paid Parental Leave Paid parental leave entitlements outlined in this clause are in addition to any payments which may be available under the Commonwealth Paid Parental Leave Scheme. 34.24. Returning to Work (a) Returning to work early (i) During the period of parental leave an Employee may return to work at any time as agreed between the Employer and the Employee, provided that time does not exceed four (4) weeks from the recommencement date desired by the Employee. (ii) In the case of adoption, where the placement of an eligible Child with an Employee does not proceed or continue, the Employee will notify the Employer immediately and the Employer will nominate a time not exceeding four (4) weeks from receipt of notification for the Employee's return to work. (b) Returning to work at conclusion of leave (i) At least four (4) weeks prior to the expiration of parental leave, the Employee will notify the Employer of their return to work after a period of parental leave. (ii) Subject to clause 34.24(b)(iii), an Employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an Employee transferred to a safe job pursuant to clause 34.12 above, the Employee will be entitled to return to the position they held immediately before such transfer. (iii) Where such position no longer exists but there are other positions available which the Employee is qualified for and is capable of performing, the Employee will be entitled to a position as nearly comparable in status and pay to that of their former position. (c) Returning to work at a reduced time fraction HSV Enterprise Agreement 2023 41 of 58 Public




 



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

(ii) Where an Employee wishes to make a request under clause 34.24(c) such a request 
must be made as soon as possible but no less than seven (7) weeks prior to the date 
upon which the Employee is due to return to work from parental leave. 

34.25. Consultation and Communication during Parental Leave 

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

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

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

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

(c) The Employee shall also notify the Employer of changes of address or other contact details 
which might affect the Employer's capacity to comply with clause 34.25(a). 

34.26. Extended Family Leave 

(a) An Employee who is the Primary Caregiver and has exhausted all parental leave 
entitlements may apply for unpaid Extended Family Leave as a continuous extension to their 
parental leave taken in accordance with this clause. The total amount of leave, inclusive of 
parental leave taken in accordance with this clause cannot exceed seven (7) years. 

(b) The Employee must make an application for Extended Family Leave each year. 
(c) An Employee will not be entitled to paid parental leave whilst on Extended Family leave. 
(d) Upon return to work the Employer may reallocate the Employee to other duties. 

34.27. Replacement Employees 

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

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

(c) The limitation in clause 13.7 on the use of fixed term employment to replace the Employee. 
(d) The Employer must re-engage a Casual Employee because the Employee has accessed 

parental leave in accordance with this clause. The rights of the Employer in relation to 
engagement and re-engagement of Casual Employees are not affected, other than in 
accordance with this clause. 

35. Family & Domestic Violence Leave 

35.1. General Principle 

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

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(i) To assist an Employee in reconciling work and parental responsibilities, an Employee may request to return to work at a reduced time-fraction until their Child reaches school age, after which the Employee will resume their substantive time-fraction. (ii) Where an Employee wishes to make a request under clause 34.24(c) such a request must be made as soon as possible but no less than seven (7) weeks prior to the date upon which the Employee is due to return to work from parental leave. 34.25. Consultation and Communication during Parental Leave (a) Where an Employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Employer shall take reasonable steps to: (i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the Employee held before commencing parental leave; and (ii) provide an opportunity for the Employee to discuss any significant effect the change will have on the status or responsibility level of the position the Employee held before commencing parental leave. (b) The Employee shall take reasonable steps to inform the Employer about any significant matter that will affect the Employee's decision regarding the duration of parental leave to be taken, whether the Employee intends to return to work and whether the Employee intends to request to return to work on a part-time basis (c) The Employee shall also notify the Employer of changes of address or other contact details which might affect the Employer's capacity to comply with clause 34.25(a). 34.26. Extended Family Leave (a) An Employee who is the Primary Caregiver and has exhausted all parental leave entitlements may apply for unpaid Extended Family Leave as a continuous extension to their parental leave taken in accordance with this clause. The total amount of leave, inclusive of parental leave taken in accordance with this clause cannot exceed seven (7) years. (b) The Employee must make an application for Extended Family Leave each year. (c) An Employee will not be entitled to paid parental leave whilst on Extended Family leave. (d) Upon return to work the Employer may reallocate the Employee to other duties. 34.27. Replacement Employees (a) A replacement Employee is an Employee specifically engaged or temporarily acting on higher duties or transferred, as a result of an Employee proceeding on parental leave. (b) Before an Employer engages a replacement Employee the Employer must inform that person of the temporary nature of the employment and of the rights of the Employee who is being replaced. (c) The limitation in clause 13.7 on the use of fixed term employment to replace the Employee. (d) The Employer must re-engage a Casual Employee because the Employee has accessed parental leave in accordance with this clause. The rights of the Employer in relation to engagement and re-engagement of Casual Employees are not affected, other than in accordance with this clause. 35. Family & Domestic Violence Leave 35.1. General Principle (a) The Employer recognises that Employees sometimes face situations of violence or abuse in their personal life that may affect their attendance or performance at work. Therefore, the Employer is committed to providing support to employees that experience family & domestic violence. HSV Enterprise Agreement 2023 42 of 58 Public




 



(b) Leave for family & domestic violence purposes is available to Employees who are 
experiencing family & domestic violence to allow them to be absent from the workplace to 
attend counselling appointments, legal proceedings and other activities related to, and as a 
consequence of, family & domestic violence. 

35.2. Definition of Family & Domestic Violence 

Family & Domestic violence includes physical, sexual, financial, verbal or emotional abuse as 
defined by the Family Violence Protection Act 2008 (Vic) and the Fair Work Act 2009. 

35.3. Eligibility 

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

(b) Casual Employees are entitled to access leave without pay for family violence purposes. 

35.4. General Measures 

(a) Evidence of family violence may be required and can be in the form 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. 

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

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

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

(e) An Employee experiencing family and/or domestic violence may raise the issue with their 
immediate supervisor, nominated Human Resources contact, or other support service 
provided by the Employer. The immediate supervisor may seek advice from Human 
Resources or other support service provided by the Employer on how best to support the 
Employee. 

(f) Where requested by an Employee, the Human Resources contact will liaise with the 
Employee's manager on the Employee's behalf, and will make a recommendation on the 
most appropriate form of support to provide in accordance with clauses 35.5 and 35.6. 

(g) The Employer will develop guidelines to supplement this clause and which details the 
appropriate action to be taken in the event that an Employee reports family and/or domestic 
violence. 

35.5. Leave - Employees experiencing family and/or domestic violence 

(a) An Employee experiencing family and/or domestic violence will have access lo 20 days per 
year of paid special leave for medical appointments, legal proceedings and other activities 
related to family and/or domestic violence (this leave is not cumulative but if the leave is 
exhausted consideration will be given to providing additional leave). 

(b) This leave will be in addition to existing leave entitlements and may be taken as consecutive 
or single days or as a fraction of a day and can be taken without prior approval. 

(c) An Employee who supports a person experiencing family and/or domestic violence may 
utilise their personal/carer's leave entitlement to accompany them to court, to hospital, or to 
care for children. The Employer may require evidence consistent with clause 35.4(a) from 
an Employee seeking to utilise their personal/carer's leave entitlement. 

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(b) Leave for family & domestic violence purposes is available to Employees who are experiencing family & domestic violence to allow them to be absent from the workplace to attend counselling appointments, legal proceedings and other activities related to, and as a consequence of, family & domestic violence. 35.2. Definition of Family & Domestic Violence Family & Domestic violence includes physical, sexual, financial, verbal or emotional abuse as defined by the Family Violence Protection Act 2008 (Vic) and the Fair Work Act 2009. 35.3. Eligibility (a) Leave for family violence purposes is available to all Employees with the exception of Casual Employees. (b) Casual Employees are entitled to access leave without pay for family violence purposes. 35.4. General Measures (a) Evidence of family violence may be required and can be in the form 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. (b) All personal information concerning family violence will be kept confidential in line with the Employer's policies and relevant legislation. No information will be kept on an Employee's personnel file without their express written permission. (c) No adverse action will be taken against an Employee if their attendance or performance at work suffers as a result of experiencing family violence. (d) The Employer will identify contact/s within the workplace who will be trained in family violence and associated privacy issues. The Employer will advertise the name of any Family Violence contacts within the workplace. (e) An Employee experiencing family and/or domestic violence may raise the issue with their immediate supervisor, nominated Human Resources contact, or other support service provided by the Employer. The immediate supervisor may seek advice from Human Resources or other support service provided by the Employer on how best to support the Employee. (f) Where requested by an Employee, the Human Resources contact will liaise with the Employee's manager on the Employee's behalf, and will make a recommendation on the most appropriate form of support to provide in accordance with clauses 35.5 and 35.6. (g) The Employer will develop guidelines to supplement this clause and which details the appropriate action to be taken in the event that an Employee reports family and/or domestic violence. 35.5. Leave - Employees experiencing family and/or domestic violence (a) An Employee experiencing family and/or domestic violence will have access to 20 days per year of paid special leave for medical appointments, legal proceedings and other activities related to family and/or domestic violence (this leave is not cumulative but if the leave is exhausted consideration will be given to providing additional leave). (b) This leave will be in addition to existing leave entitlements and may be taken as consecutive or single days or as a fraction of a day and can be taken without prior approval. (c) An Employee who supports a person experiencing family and/or domestic violence may utilise their personal/carer's leave entitlement to accompany them to court, to hospital, or to care for children. The Employer may require evidence consistent with clause 35.4(a) from an Employee seeking to utilise their personal/carer's leave entitlement. HSV Enterprise Agreement 2023 43 of 58 Public




 



35.6. Individual Support 

(a) In order to provide support to an Employee experiencing family and/or domestic violence and 
to provide a safe work environment to all Employees, the Employer will approve any 
reasonable request from an Employee experiencing family and/or domestic violence for: 

(i) temporary or ongoing changes to their span of hours or pattern or hours; 
(ii) temporary or ongoing job redesign or changes to duties; 
(iii) temporary or ongoing relocation to suitable employment; 
(iv) a change to their telephone number or email address to avoid harassing contact; or 
(v) any other appropriate measure including those available under existing provisions for 

flexible work arrangements. 

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

(c) An Employee that discloses that they are experiencing family and/or domestic violence will 
be offered access to the Employee Assistance Program (EAP). The EAP shall include 
professionals trained specifically in family and domestic violence. 

(d) An Employee that discloses that they are experiencing family and/or domestic violence will 
be given information regarding support services. 

36. Leave Without Pay 

36.1. An Employee may be granted leave without pay by the Employer for any purpose. 

36.2. Unless otherwise provided for in this Agreement, leave without pay shall not break the Employee's 
continuity of employment but leave without pay will not count as service for leave accrual or other 
purposes. 

36.3. The Employer may require an Employee to use other accrued leave prior to a period of leave 
without pay being granted, having regard to the circumstances. 

37. Special Leave 

At the sole discretion of the Employer, an Employee may be granted paid leave in the case of a 
serious personal event affecting the Employee provided that all other leave entitlements are 
exhausted. 

38. Cultural And Ceremonial Leave 

38.1. NAIDOC Week Leave 

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

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

38.2. Leave to attend Aboriginal community meetings 

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

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35.6. Individual Support (a) In order to provide support to an Employee experiencing family and/or domestic violence and to provide a safe work environment to all Employees, the Employer will approve any reasonable request from an Employee experiencing family and/or domestic violence for: (i) temporary or ongoing changes to their span of hours or pattern or hours; (ii) temporary or ongoing job redesign or changes to duties; (iii) temporary or ongoing relocation to suitable employment; (iv) ( v) a change to their telephone number or email address to avoid harassing contact; or any other appropriate measure including those available under existing provisions for flexible work arrangements. (b) Any changes to an Employee's role should be reviewed at agreed periods. When an Employee is no longer experiencing family and/or domestic violence, the terms and conditions of employment may revert back to the terms and conditions applicable to the Employee's substantive position. (c) An Employee that discloses that they are experiencing family and/or domestic violence will be offered access to the Employee Assistance Program (EAP). The EAP shall include professionals trained specifically in family and domestic violence. (d) An Employee that discloses that they are experiencing family and/or domestic violence will be given information regarding support services. 36. Leave Without Pay 36.1. An Employee may be granted leave without pay by the Employer for any purpose. 36.2 Unless otherwise provided for in this Agreement, leave without pay shall not break the Employee's continuity of employment but leave without pay will not count as service for leave accrual or other purposes. 36.3. The Employer may require an Employee to use other accrued leave prior to a period of leave without pay being granted, having regard to the circumstances. 37. Special Leave At the sole discretion of the Employer, an Employee may be granted paid leave in the case of a serious personal event affecting the Employee provided that all other leave entitlements are exhausted. 38. Cultural And Ceremonial Leave 38.1. NAIDOC Week Leave (a) An Employee of Aboriginal or Torres Strait Islander descent is entitled to one (1) day of paid leave per year to participate in National Aboriginal and Islander Day Observance Committee (NAIDOC) week activities and events. (b) NAIDOC week leave will not accrue from year to year and will not be paid out on termination of the employment of the Employee. 38.2. Leave to attend Aboriginal community meetings The Employer may approve attendance during working hours by an Employee of Aboriginal or Torres Strait Islander descent at any Aboriginal community meetings, except the Annual General Meetings of Aboriginal community organisations at which the election of office bearers will occur. HSV Enterprise Agreement 2023 44 of 58 Public




 



38.3. Leave to attend Annual General Meetings of Aboriginal community organisations 

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

38.4. Ceremonial leave 

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

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

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

(b) Where ceremonial leave is taken for the purposes outlined in clause 38.4(a), up to three (3) 
days in each year of employment will be with pay. Paid ceremonial leave will not accrue from 
year to year and will not be paid out on termination of the employment of the Employee. 

(c) Ceremonial leave granted under this clause 38.4 is in addition to compassionate leave 
granted under clause 32. 

39. Professional Development/Study Leave 

39.1. Subject to the prior knowledge and approval of the Employer, an Employee may be granted leave 
on full pay in order to attend lectures and tutorials necessary to obtain higher qualifications relevant 
to their employment. Such approval shall not be unreasonably withheld. 

39.2. An Employee may be granted sufficient paid leave to enable travel to and attendance of up to 
seven (7) hours of classroom activity or related project work, including assignment work, per week. 

39.3. An Employee shall be granted up to five ( 5) days leave specifically to prepare for and attend 
examinations. 

39.4. An Employee wishing to take study leave must apply in writing to the Employer as early as possible 
prior to any proposed leave, and the Employer shall provide a response within a reasonable period 
to enable the Employee to effect enrolment. The Employee's request is required to include: 

(a) Details of the course and institution in which the Employee is enrolled or proposes to be 
enrolled; 

(b) Details of the relevance of the course to the Employee's employment; and 
(c) A proposed schedule of leave which may be required to accomplish the course 

commitments. 

39.5. The Employee will be required to provide to the Employer satisfactory evidence of their attendance 
at the nominated place of study. 

39.6. Where the Employee fails to complete the course of study successfully they may, at the discretion 
of the Employer, be required to repay any monies expended by the Employer in relation to any 
financial assistance other than the leave granted in accordance with clause 39.1. 

39.7. Failure to attend the courses for which study leave has been granted may be grounds for 
disciplinary action. 

39.8. Leave pursuant to this clause does not accumulate from year to year. 

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38.3. Leave to attend Annual General Meetings of Aboriginal community organisations The Employer may grant an Employee of Aboriginal or Torres Strait Islander descent accrued annual or other leave to attend Annual General Meetings of Aboriginal community organisations at which the election of office bearers will occur. 38.4. Ceremonial leave (a) Ceremonial leave may be granted to an Employee of Aboriginal or Torres Strait Islander descent for ceremonial purposes: (i) connected with the death of a member of the immediate family or extended family (provided that no Employee shall have an existing entitlement reduced as a result of this clause); or (ii) for other ceremonial obligations under Aboriginal and Torres Strait Islander lore. (b) Where ceremonial leave is taken for the purposes outlined in clause 38.4(a), up to three (3) days in each year of employment will be with pay. Paid ceremonial leave will not accrue from year to year and will not be paid out on termination of the employment of the Employee. (c) Ceremonial leave granted under this clause 38.4 is in addition to compassionate leave granted under clause 32. 39. Professional Development/Study Leave 39.1. Subject to the prior knowledge and approval of the Employer, an Employee may be granted leave on full pay in order to attend lectures and tutorials necessary to obtain higher qualifications relevant to their employment. Such approval shall not be unreasonably withheld 39.2. An Employee may be granted sufficient paid leave to enable travel to and attendance of up to seven (7) hours of classroom activity or related project work, including assignment work, per week. 39.3. An Employee shall be granted up to five (5) days leave specifically to prepare for and attend examinations. 39.4. An Employee wishing to take study leave must apply in writing to the Employer as early as possible prior to any proposed leave, and the Employer shall provide a response within a reasonable period to enable the Employee to effect enrolment. The Employee's request is required to include: (a) Details of the course and institution in which the Employee is enrolled or proposes to be enrolled; (b) Details of the relevance of the course to the Employee's employment; and ( c) A proposed schedule of leave which may be required to accomplish the course commitments. 39.5. The Employee will be required to provide to the Employer satisfactory evidence of their attendance at the nominated place of study. 39.6. Where the Employee fails to complete the course of study successfully they may, at the discretion of the Employer, be required to repay any monies expended by the Employer in relation to any financial assistance other than the leave granted in accordance with clause 39.1. 39.7. Failure to attend the courses for which study leave has been granted may be grounds for disciplinary action. 39.8. Leave pursuant to this clause does not accumulate from year to year. HSV Enterprise Agreement 2023 45 of 58 Public




 



40. Blood Donor Leave 

An Employee may take reasonable leave without loss of pay for the purposes of donating blood 
once every 12 weeks at a time that does not unduly impact on the operational needs of the 
Employer. 

41. Community Service Leave 

41.1. Jury Service 

(a) An Employee required to attend for Jury Service during the Employee's ordinary working 
hours: 

(i) shall be granted leave for the period during which the Employee's court attendance is 
required; and 

(ii) shall be paid by the Employer an amount equal to the difference between the amount 
of remuneration paid to the Employee under the Juries Act 2000 (Vic) in respect of the 
Employee's attendance for such Jury Service and the amount of ordinary salary that 
the Employee would have received in respect of the ordinary time the Employee would 
have worked had the Employee not been on Jury Service. 

(b) An Employee shall notify their Employer as soon as possible of the date upon which the 
Employee is required to attend for Jury Service. Further, the Employee shall give the 
Employer proof of attendance, the duration of such attendance and the payment amount 
received in respect of such Jury Service 

41.2. Voluntary emergency management activity 

(a) An Employee, who is engaged in an eligible community service activity, is entitled to be 
absent from her/his employment for a period if the period consist of one (1) or more of the 
following: 

(i) Time when the Employee engages in the activity; 
(ii) Reasonable travelling time associated with the activity; and 
(iii) Reasonable rest time immediately following the activity. 

(b) Each of the following is an eligible community service activity: 

(i) A voluntary emergency management activity; or 
(ii) An activity prescribed in the Act's regulations. 

(c) An Employee engages in voluntary emergency management activity if, and only if: 

(i) The Employee engages in an activity that involves dealing with an emergency or 
natural disaster; and 

(ii) The Employee engages in the activity on a voluntary basis (whether or not the 
Employee directly or indirectly takes or agrees to take an honorarium, gratuity or 
similar payment wholly or partly for engaging in the activity); and 

(iii) The Employee is a member of, or has member-like association with, a recognised 
emergency management body; and 

(iv) Either: 

• The Employee was requested by or on behalf of the body to engage in the activity; 
or 

• No such request was made, but it would be reasonable to expect that, if the 
circumstances had permitted the making of such a request, it is likely that such a 
request would have been made. 

(d) A recognised emergency management body is: 

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40. Blood Donor Leave An Employee may take reasonable leave without loss of pay for the purposes of donating blood once every 12 weeks at a time that does not unduly impact on the operational needs of the Employer. 41. Community Service Leave 41.1. Jury Service (a) An Employee required to attend for Jury Service during the Employee's ordinary working hours: (i) shall be granted leave for the period during which the Employee's court attendance is required; and (i) shall be paid by the Employer an amount equal to the difference between the amount of remuneration paid to the Employee under the Juries Act 2000 (Vic) in respect of the Employee's attendance for such Jury Service and the amount of ordinary salary that the Employee would have received in respect of the ordinary time the Employee would have worked had the Employee not been on Jury Service. (b) An Employee shall notify their Employer as soon as possible of the date upon which the Employee is required to attend for Jury Service. Further, the Employee shall give the Employer proof of attendance, the duration of such attendance and the payment amount received in respect of such Jury Service 41.2. Voluntary emergency management activity (a) An Employee, who is engaged in an eligible community service activity, is entitled to be absent from her/his employment for a period if the period consist of one (1) or more of the following: (i) Time when the Employee engages in the activity; (ii) Reasonable travelling time associated with the activity; and (iii) Reasonable rest time immediately following the activity. (b) Each of the following is an eligible community service activity: (i) A voluntary emergency management activity; or (ii) An activity prescribed in the Act's regulations. (c) An Employee engages in voluntary emergency management activity if, and only if: (i) The Employee engages in an activity that involves dealing with an emergency or natural disaster; and (ii) The Employee engages in the activity on a voluntary basis (whether or not the Employee directly or indirectly takes or agrees to take an honorarium, gratuity or similar payment wholly or partly for engaging in the activity); and (iii) The Employee is a member of, or has member-like association with, a recognised emergency management body; and (iv) Either: . The Employee was requested by or on behalf of the body to engage in the activity; or No such request was made, but it would be reasonable to expect that, if the circumstances had permitted the making of such a request, it is likely that such a request would have been made. (d) A recognised emergency management body is: HSV Enterprise Agreement 2023 46 of 58 Public




 



(i) A body, or part of a body, that has a role or function under a plan that: 

• Is for coping with emergencies and/or disasters; and 
• Is prepared by the Commonwealth, a State or a Territory; or 

(ii) A fire-fighting, civil defence or rescue body, or part of such a body; or 
(iii) Any other body, or part of a body, a substantial purpose of which involves: 

• Securing the safety of persons or animals in an emergency or natural disaster; or 

• Protecting property in an emergency or natural disaster; or 
• Otherwise responding to an emergency or natural disaster; or 

(iv) A body, or part of a body, prescribed by the Act's regulations; 

but does not include a body that was established, or is continued in existence, for the 
purpose, or for purposes that include the purpose, of entitling one (1) or more Employees to 
be absent from their employment. 

42. Public Holidays 

42.1, Where any holiday as prescribed below falls on a day ordinarily worked by an Employee, the 
Employee shall not have a reduction in their ordinary pay. 

(a) For the purposes of this clause, an Employee shall be entitled to public holidays on the 
following days: 

(i) New Year's Day, Good Friday, Easter Monday, the day following Easter Monday, 
Christmas Day, Boxing Day; and 

(ii) the following days, as prescribed in the relevant States, Territories and localities: 
Australia Day, Anzac Day, King's Birthday, and Labour Day; 

(iii) in Victoria, the Friday before the Australian Football League Grand Final; and 
(iv) Melbourne Cup Day or in lieu of Melbourne Cup Day, some other day as determined 

in a particular locality. 

(b) Where public holidays are declared or prescribed in addition to those set out in clauses 
42.1(a) and 42.2, those days shall constitute additional holidays for the purpose of this 
Agreement. 

42.2. Holiday in lieu 

(a) Where Christmas Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on 

27 December; 
(b) When Boxing Day falls on a Saturday or Sunday, a public holiday in lieu thereof shall be 

observed on 28 December; 
(c) When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof 

shall be observed on the next Monday. 

42.3. Public holidays worked 

(a) An Employee, who is required to work and who works on any public holiday, shall be paid at 
the rate of double time and a half for the time so worked or by arrangement may take time off 
in lieu during normal working hours calculated at the penalty rate. 

(b) A part-time Employee who is not ordinarily required to work on the day of the week on which 
a public holiday is observed shall not be entitled to any benefit for such a public holiday, 
unless they are required to work on a public holiday. 

42.4. Religious observance 

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A body, or part of a body, that has a role or function under a plan that: · Is for coping with emergencies and/or disasters; and · Is prepared by the Commonwealth, a State or a Territory; or (ii) A fire-fighting, civil defence or rescue body, or part of such a body; or Any other body, or part of a body, a substantial purpose of which involves: · Securing the safety of persons or animals in an emergency or natural disaster; or · Protecting property in an emergency or natural disaster; or · Otherwise responding to an emergency or natural disaster; or (iv) A body, or part of a body, prescribed by the Act's regulations; but does not include a body that was established, or is continued in existence, for the purpose, or for purposes that include the purpose, of entitling one (1) or more Employees to be absent from their employment. 42. Public Holidays 42.1. Where any holiday as prescribed below falls on a day ordinarily worked by an Employee, the Employee shall not have a reduction in their ordinary pay. (a) For the purposes of this clause, an Employee shall be entitled to public holidays on the following days: (i) New Year's Day, Good Friday, Easter Monday, the day following Easter Monday, Christmas Day, Boxing Day; and (ii) the following days, as prescribed in the relevant States, Territories and localities: Australia Day, Anzac Day, King's Birthday, and Labour Day; (iii) (iv) in Victoria, the Friday before the Australian Football League Grand Final; and Melbourne Cup Day or in lieu of Melbourne Cup Day, some other day as determined in a particular locality. (b) Where public holidays are declared or prescribed in addition to those set out in clauses 42.1 (a) and 42.2, those days shall constitute additional holidays for the purpose of this Agreement. 42.2. Holiday in lieu (a) Where Christmas Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on 27 December; (b) When Boxing Day falls on a Saturday or Sunday, a public holiday in lieu thereof shall be observed on 28 December; (c) When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday. 42.3. Public holidays worked (a) An Employee, who is required to work and who works on any public holiday, shall be paid at the rate of double time and a half for the time so worked or by arrangement may take time off in lieu during normal working hours calculated at the penalty rate. (b) A part-time Employee who is not ordinarily required to work on the day of the week on which a public holiday is observed shall not be entitled to any benefit for such a public holiday, unless they are required to work on a public holiday. 42.4. Religious observance HSV Enterprise Agreement 2023 47 of 58 Public




 



(a) For purposes of religious observance, an Employee may by mutual agreement with the 
Employer alter the following holidays to concur with recognised days of observance 
pertaining to their own faith: 

(i) Good Friday 
(ii) Easter Monday 

Provided that the above days are worked by the Employee at the usual hourly rate without 
any penalty. 

42.5. Where a public holiday occurs during any period of Personal Leave, Accrued Day Off, HSV 
Parental Leave or Annual Leave to which the Employee is entitled, the day shall be counted as a 
public holiday and shall not reduce the credits for such leave mentioned. 

43. Higher Duties Allowance 

43.1. Any Employee will only be appointed to undertake the duties of an Employee on a higher 
classification under this Agreement or other position not included in this Agreement for a period of 
five (5) consecutive working days or more and shall be paid for the period during which she/he 
assumes such duties at not less than the minimum rate prescribed for the classification or other 
position applying to the higher ranked Employee. 

44. Travelling Allowances 

44, 1. Should an Employee be required to use her/his vehicle for transport from home to place of work 
and return outside of normal hours, the Employee is to receive such allowance corresponding with 
the current mileage rates as determined by the Australian Taxation Office. 

44,2. Where an Employee is required to travel during normal working hours, she/he shall be provided 
with transport or the Employee may volunteer the use of her/his private vehicle, and the Employee 
shall not be responsible for the payment of such transport and if using a private vehicle the same 
allowance referred to in clause 44.1 shall be paid. 

44,3. Any approved fares incurred by an Employee in the performance of her/his duty shall be 
reimbursed by the Employer. 

45. Accident Make-Up Pay 

45.1. Where an Employee is absent from duty as a result of sustaining an injury in respect of which the 
Employee is entitled to weekly payments of compensation under the Workplace Injury 
Rehabilitation and Compensation Act 2013, the Employee will be entitled to accident make-up pay 
equivalent to her/his normal salary less the amount of weekly compensation payments. 

45.2. Payment - maximum entitlement 

(a) The Employer will continue to provide accident make-up pay to the Employee for a period of 
52 weeks, or an aggregate of 261 working days, or an aggregate of 1984 hours (2088 hours 
for Employees whose ordinary hours of work average 40 hours per week), unless 
employment ceases. 

(b) An entitlement to accident make-up pay will cease at the end of a period of 52 weeks, or an 
aggregate of 261 working days, or an aggregate of 1984 hours (2088 hours for Employees 
whose ordinary hours of duty average 40 hours per week) or when employment ceases or 
when the benefits payable under the Workplace Injury Rehabilitation and Compensation Act 
2013 cease. 

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

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(a) For purposes of religious observance, an Employee may by mutual agreement with the Employer alter the following holidays to concur with recognised days of observance pertaining to their own faith: (i) Good Friday (ii) Easter Monday Provided that the above days are worked by the Employee at the usual hourly rate without any penalty. 42.5. Where a public holiday occurs during any period of Personal Leave, Accrued Day Off, HSV Parental Leave or Annual Leave to which the Employee is entitled, the day shall be counted as a public holiday and shall not reduce the credits for such leave mentioned. 43. Higher Duties Allowance 43.1. Any Employee will only be appointed to undertake the duties of an Employee on a higher classification under this Agreement or other position not included in this Agreement for a period of five (5) consecutive working days or more and shall be paid for the period during which she/he assumes such duties at not less than the minimum rate prescribed for the classification or other position applying to the higher ranked Employee. 44. Travelling Allowances 44.1. Should an Employee be required to use her/his vehicle for transport from home to place of work and return outside of normal hours, the Employee is to receive such allowance corresponding with the current mileage rates as determined by the Australian Taxation Office. 44.2. Where an Employee is required to travel during normal working hours, she/he shall be provided with transport or the Employee may volunteer the use of her/his private vehicle, and the Employee shall not be responsible for the payment of such transport and if using a private vehicle the same allowance referred to in clause 44.1 shall be paid. 44.3. Any approved fares incurred by an Employee in the performance of her/his duty shall be reimbursed by the Employer. 45. Accident Make-Up Pay 45.1. Where an Employee is absent from duty as a result of sustaining an injury in respect of which the Employee is entitled to weekly payments of compensation under the Workplace Injury Rehabilitation and Compensation Act 2013, the Employee will be entitled to accident make-up pay equivalent to her/his normal salary less the amount of weekly compensation payments. 45.2. Payment - maximum entitlement (a) The Employer will continue to provide accident make-up pay to the Employee for a period of 52 weeks, or an aggregate of 261 working days, or an aggregate of 1984 hours (2088 hours for Employees whose ordinary hours of work average 40 hours per week), unless employment ceases. (b) An entitlement to accident make-up pay will cease at the end of a period of 52 weeks, or an aggregate of 261 working days, or an aggregate of 1984 hours (2088 hours for Employees whose ordinary hours of duty average 40 hours per week) or when employment ceases or when the benefits payable under the Workplace Injury Rehabilitation and Compensation Act 2013 cease. (c) The Employer may grant the Employee leave without pay where an entitlement to accident make-up pay has ended. HSV Enterprise Agreement 2023 48 of 58 Public




 



45.3. For the avoidance of doubt, an Employee may, with the Employer's consent, take Annual Leave, 
Accrued Day Off or Long Service Leave whilst receiving accident make-up pay. 

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

46. Occupational Health and Safety and Rehabilitation 

46.1. Objectives 

(a) This Agreement acknowledges and supports the rights of Employees to work in an 
environment, which is, so far as is practicable, safe and without risks to health. The Parties 
are committed to the promotion of a joint and united approach to consultation and resolution 

of Occupational Health and Safety (OH&S) issues. 
(b) The Agreement commits the Parties to improving health and safety with a view to improving 

workplace efficiency and productivity. This will be accomplished through the ongoing 
development, in consultation with Employees and their health and safety representatives, of 
management systems and procedures designed, so far as is practicable to: 

(i) identify, assess and control workplace hazards; 
(ii) reduce the incidence and cost of occupational injury and illness; 
(iii) identify and appropriately manage work and work practices which impact on OH&S; 
(iv) provide a rehabilitation system for Employees affected by occupational injury or 

illness; and 
(v) consider the impact of changes to work practices and staffing on occupational health 

and safety. 

(c) OH&S statutory requirements, including regulations and codes of practice/compliance codes 
are minimum standards and will be improved upon where practicable. 

46.2. OH&S consultation 

(a) Consultative mechanisms will be established to address OH&S issues. Such mechanisms 

will be: 

(i) in accordance with the Victorian Occupational Health and Safety Act 2004; 
(ii) established in consultation with Employees and their health and safety 

representatives; and 
(iii) consistent with the Employer's agreed issue resolution procedures and the rights and 

functions of health and safety representatives, consistent with the Occupational Health 

and Safety Act 2004 (Vic). 

(b) Where an OH&S committee is established at least half the members shall be Employees, 
including health and safety representatives. 

(c) The OH&S committee must operate within the requirements of the Occupational Health and 

Safety Act 2004 (Vic). 
(d) A CPSU Workplace representative may attend local OH&S committee meetings (by giving 

notice) from time to time. 

46.3. OH&S training 

(a) Workplace training programs, including induction and on the job training will outline relevant 
details of OH&S policies and procedures. 

(b) The contents of OH&S training programs will outline the OH&S roles and responsibilities of 
Employees, managers and supervisors, OH&S policies and procedures, particular hazards 
associated with their workplaces, control measures applicable to each hazard, and how to 
utilise OH&S systems to identify hazards and instigate preventative action. 

HSV Enterprise Agreement 2023 49 of 58 Public 


45.3. For the avoidance of doubt, an Employee may, with the Employer's consent, take Annual Leave, Accrued Day Off or Long Service Leave whilst receiving accident make-up pay. 45.4. For an injury prior to the proclamation of the Workplace Injury Rehabilitation and Compensation Act 2013, a reference to that Act shall be deemed to be a reference to the Accident Compensation Act 1985 (Vic). 46. Occupational Health and Safety and Rehabilitation 46.1. Objectives (a) This Agreement acknowledges and supports the rights of Employees to work in an environment, which is, so far as is practicable, safe and without risks to health. The Parties are committed to the promotion of a joint and united approach to consultation and resolution of Occupational Health and Safety (OH&S) issues. (b) The Agreement commits the Parties to improving health and safety with a view to improving workplace efficiency and productivity. This will be accomplished through the ongoing development, in consultation with Employees and their health and safety representatives, of management systems and procedures designed, so far as is practicable to: (i) identify, assess and control workplace hazards; (ii) reduce the incidence and cost of occupational injury and illness; (iii) ( iv ) identify and appropriately manage work and work practices which impact on OH&S; provide a rehabilitation system for Employees affected by occupational injury or illness; and (v) consider the impact of changes to work practices and staffing on occupational health and safety. (c) OH&S statutory requirements, including regulations and codes of practice/compliance codes are minimum standards and will be improved upon where practicable. 46.2. OH&S consultation (a) Consultative mechanisms will be established to address OH&S issues. Such mechanisms will be: (i) in accordance with the Victorian Occupational Health and Safety Act 2004; (ii) established in consultation with Employees and their health and safety representatives; and (ili) consistent with the Employer's agreed issue resolution procedures and the rights and functions of health and safety representatives, consistent with the Occupational Health and Safety Act 2004 (Vic). (b) Where an OH&S committee is established at least half the members shall be Employees, including health and safety representatives (c) The OH&S committee must operate within the requirements of the Occupational Health and Safety Act 2004 (Vic). (d) A CPSU Workplace representative may attend local OH&S committee meetings (by giving notice) from time to time. 46.3. OH&S training (a) Workplace training programs, including induction and on the job training will outline relevant details of OH&S policies and procedures. (b) The contents of OH&S training programs will outline the OH&S roles and responsibilities of Employees, managers and supervisors, OH&S policies and procedures, particular hazards associated with their workplaces, control measures applicable to each hazard, and how to utilise OH&S systems to identify hazards and instigate preventative action. HSV Enterprise Agreement 2023 49 of 58 Public




 



(c) An Employee, upon election as a health and safety representative, shall be granted up to 
five (5) days' paid leave, as soon as practicable after election, to undertake an appropriate 
introductory health and safety representative's course from a training organisation of her/his 
choice that is approved by the Victorian WorkCover Authority, having regard to course 
places and the Employer's operations. The Employer shall meet any reasonable costs 
incurred. 

(d) Leave under this clause must only be granted to an Employee on one (1) occasion and is 
additional to any other leave granted under this clause. 

(e) Additional paid leave may be approved for health and safety representatives to attend 
training approved by the Victorian WorkCover Authority under the Occupational Health and 
Safety Act 2004 (Vic), which is relevant to the functions of the Designated Work Group 
(DWG). 

46.4. Access to facilities 

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

(b) The Employer will post and maintain current in each workplace the names and relevant 
contact details, including email where available, of elected health and safety representatives 
for identified DWGs. Such circular shall be required to be posted in a readily available 
location for the regular attention of all Employees working in the workplace. 

46.5. Bullying and violence at work 

The Parties to this Agreement are committed to working together to reduce bullying and 
occupational assault so far as is practicable in the workplace. 

46.6. Employee support and debriefing 

(a) The Employer will provide support and debriefing to Employees who have experienced a 
"critical incident" during the course of the work that results in personal distress. The 
Employer is committed to assisting the recovery of Employees experiencing normal distress 
following a critical incident with the aim of returning Employees to their pre-incident level of 
functioning as soon as possible. 

(b) A critical incident is defined as an event outside the range of usual human experience which 
has the potential to easily overcome a person's normal ability to cope with stress. It may 
produce a negative psychological response in an Employee who was involved in or 
witnessed such an incident. 

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

(i) aggravated assaults; 
(ii) robbery; 
(iii) suicide or attempted suicide; 
(iv) murder; 
(v) sudden or unexpected death; 
(vi) hostage or siege situations; 
(vii) discharge a/firearms; 
(viii) vehicle accidents involving injury and/or substantial property damage; 
(ix) acts of self-harm by persons in the care of others; 
(x) industrial accidents involving serious injury or fatality; and 
(xi) any other serious accidents or incidents. 

HSV Enterprise Agreement 2023 50 of 58 Public 


(c) An Employee, upon election as a health and safety representative, shall be granted up to five (5) days' paid leave, as soon as practicable after election, to undertake an appropriate introductory health and safety representative's course from a training organisation of her/his choice that is approved by the Victorian WorkCover Authority, having regard to course places and the Employer's operations. The Employer shall meet any reasonable costs incurred. (d) Leave under this clause must only be granted to an Employee on one (1) occasion and is additional to any other leave granted under this clause (e) Additional paid leave may be approved for health and safety representatives to attend training approved by the Victorian WorkCover Authority under the Occupational Health and Safety Act 2004 (Vic), which is relevant to the functions of the Designated Work Group (DWG). 46.4. Access to facilities (a) Each elected health and safety representative will be provided with reasonable access to facilities such as email, telephone, office and computer access, where available. An Employee will be granted reasonable time release or paid time (including time in lieu) to attend to their functions as a health and safety representative, including but not limited to regularly inspecting workplaces (as defined by their DWG), consulting with Employees in their DWGs, OH&S representatives and other persons involved in the organising of Employees' health, safety and welfare. (b) The Employer will post and maintain current in each workplace the names and relevant contact details, including email where available, of elected health and safety representatives for identified DWGs. Such circular shall be required to be posted in a readily available location for the regular attention of all Employees working in the workplace. 46.5 Bullying and violence at work The Parties to this Agreement are committed to working together to reduce bullying and occupational assault so far as is practicable in the workplace 46.6. Employee support and debriefing (a) The Employer will provide support and debriefing to Employees who have experienced a "critical incident" during the course of the work that results in personal distress. The Employer is committed to assisting the recovery of Employees experiencing normal distress following a critical incident with the aim of returning Employees to their pre-incident level of functioning as soon as possible. (b) A critical incident is defined as an event outside the range of usual human experience which has the potential to easily overcome a person's normal ability to cope with stress. It may produce a negative psychological response in an Employee who was involved in or witnessed such an incident. (c) Critical incidents in the workplace environment include, but are not limited to: (i) aggravated assaults; (ii) robbery; (iii) suicide or attempted suicide; (iv) murder; (v) sudden or unexpected death; (vi) hostage or siege situations; (vii) discharge of firearms; (viii) vehicle accidents involving injury and/or substantial property damage; (ix) acts of self-harm by persons in the care of others; (x) industrial accidents involving serious injury or fatality; and (xi) any other serious accidents or incidents. HSV Enterprise Agreement 2023 50 of 58 Public




 



47. Industrial Relations Training 

47, 1. In order to encourage co-operative workplace relations and facilitate the operation of this 
Agreement, an Employee who has been nominated by a Union and has been accepted by a 
training provider to attend a designated trade union training course may be granted up to five (5) 
days leave on full pay in any one (1) calendar year, so long as the granting of such leave does not 
unduly affect the operations of the workplace in which the Employee is employed. 

47.2. The Employee may be granted the leave specified in this clause where the Employer is satisfied 
that the course of training is likely to contribute to a better understanding of industrial relations, 
occupational health and safety, safe work practices, knowledge of award and other industrial 
entitlements and the upgrading of Employee skills in all aspects of trade union functions. 

47.3. An Employee may be granted paid leave under this clause in excess of five (5) days and up to 10 
days in any one (1) calendar year, subject to the aggregate of the leave taken in that year and in 
the subsequent year not exceeding 10 days in total. 

47.4. The parties agree that in any calendar year a maximum of three (3) Employees will be eligible to 
take leave in accordance with this clause. 

48. Agreement Compliance and Union Related Matters 

48.1. Protection 

(a) An Employee shall not be dismissed or injured in her/his employment or have her/his 
employment altered to her/his prejudice, or be threatened with prejudicial or injurious 
treatment or with dismissal by reason of her/his status as an Accredited Representative of a 
Union, engagement in lawful activities as an authorised representative of a Union or on the 
basis of her/his membership of a Union or participation in lawful Union activities, provided 
that where any such activities are undertaken during working hours, the Employee's release 
has been approved. Approval will not be unreasonably withheld. 

(b) The Employer shall not injure a person in her/his employment, or alter the terms or 
conditions of employment of a person to her/his prejudice on the basis of her/his 
membership of or participation in the lawful activities of a Union, provided that where any 
such activities are undertaken during working hours, the Employee's release has been 
approved. Approval will not be unreasonably withheld. 

48.2. Facilities 

(a) An Accredited Representative of a Union shall be released by the Employer from normal 
duties for such periods of time as may be reasonably necessary to enable her/him to carry 
out her/his representative functions including, but not limited to: 

(i) investigating any alleged breach of this Agreement; 
(ii) endeavouring to resolve any dispute arising out of the operation of this Agreement; or 
(iii) participating in any bargaining, conciliation or arbitration process conducted under the 

provisions of the Act. 

Such release must not unduly affect the operations of the workplace in which the Employee 
is employed. 

(b) Members of a Union shall be permitted by the Employer to post written material authorised 
by a Union in a place within the workplace to which members of that Union have convenient 
access, and to distribute such written material by appropriate means to Union members. 

(c) Employees will be allowed reasonable access to electronic communication devices to 
facilitate communication between Employees and/or the Union, provided that such 
communication is not offensive or improper. 

HSV Enterprise Agreement 2023 51 of 58 Public 


47. Industrial Relations Training 47.1. In order to encourage co-operative workplace relations and facilitate the operation of this Agreement, an Employee who has been nominated by a Union and has been accepted by a training provider to attend a designated trade union training course may be granted up to five (5) days leave on full pay in any one (1) calendar year, so long as the granting of such leave does not unduly affect the operations of the workplace in which the Employee is employed 47.2. The Employee may be granted the leave specified in this clause where the Employer is satisfied that the course of training is likely to contribute to a better understanding of industrial relations, occupational health and safety, safe work practices, knowledge of award and other industrial entitlements and the upgrading of Employee skills in all aspects of trade union functions. 47.3. An Employee may be granted paid leave under this clause in excess of five (5) days and up to 10 days in any one (1) calendar year, subject to the aggregate of the leave taken in that year and in the subsequent year not exceeding 10 days in total. 47.4. The parties agree that in any calendar year a maximum of three (3) Employees will be eligible to take leave in accordance with this clause. 48. Agreement Compliance and Union Related Matters 48.1. Protection (a) An Employee shall not be dismissed or injured in her/his employment or have her/his employment altered to her/his prejudice, or be threatened with prejudicial or injurious treatment or with dismissal by reason of her/his status as an Accredited Representative of a Union, engagement in lawful activities as an authorised representative of a Union or on the basis of her/his membership of a Union or participation in lawful Union activities, provided that where any such activities are undertaken during working hours, the Employee's release has been approved. Approval will not be unreasonably withheld. (b) The Employer shall not injure a person in her/his employment, or alter the terms or conditions of employment of a person to her/his prejudice on the basis of her/his membership of or participation in the lawful activities of a Union, provided that where any such activities are undertaken during working hours, the Employee's release has been approved. Approval will not be unreasonably withheld. 48.2. Facilities (a) An Accredited Representative of a Union shall be released by the Employer from normal duties for such periods of time as may be reasonably necessary to enable her/him to carry out her/his representative functions including, but not limited to: (i) investigating any alleged breach of this Agreement; (ii) endeavouring to resolve any dispute arising out of the operation of this Agreement; or (iii) participating in any bargaining, conciliation or arbitration process conducted under the provisions of the Act. Such release must not unduly affect the operations of the workplace in which the Employee is employed. (b) Members of a Union shall be permitted by the Employer to post written material authorised by a Union in a place within the workplace to which members of that Union have convenient access, and to distribute such written material by appropriate means to Union members. (c) Employees will be allowed reasonable access to electronic communication devices to facilitate communication between Employees and/or the Union, provided that such communication is not offensive or improper. HSV Enterprise Agreement 2023 51 of 58 Public




 



49. Gender equality 

49.1. Commitment to collaborative approach to achieving gender pay equity 

(a) The Employer will work collaboratively with Employees and the Union to identify, support and 
implement strategies designed to eradicate the gender pay gap, gender inequality and 
discrimination. 

49.2. Gender Pay Equity Principles 

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

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

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

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

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

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

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

49.3. Meaning of 'pay' 

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

(a) Claims relating to systemic gender equality issues 

i. A systemic gender equality issue means, as set out in the Gender Equality Act 2020, an issue 
of a systemic nature within the Employer which adversely affects a class or group of employees 
of the Employer, relating to: 

ii. The gender composition of any or all workforce levels of the Employer; or 

iii. The gender composition of governing bodies; or 

iv. Equal remuneration for work of equal or comparable value across any or all workforce levels of 
the Employer irrespective of gender; or 

v. Sexual harassment in the workplace: or 

vi. Recruitment and promotion practices in the workplace; or 

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

viii. Gendered workplace segregation, or 

ix. any other prescribed matters. 

b. The Union and/or a class or group of Employees (Claimant/s) may seek resolution of a dispute 
relating to a systemic gender equality issue (Claim) in accordance with this clause. 

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49. Gender equality 49.1. Commitment to collaborative approach to achieving gender pay equity (a) The Employer will work collaboratively with Employees and the Union to identify, support and implement strategies designed to eradicate the gender pay gap, gender inequality and discrimination. 49.2. Gender Pay Equity Principles The provisions of this Agreement are to be interpreted consistently with the following gender pay equity principles: (a) Establishing equal pay for work of equal or comparable value: Equal or comparable value refers to work valued as equal or comparable in terms of skill, effort, responsibility and working conditions. This includes work of different types. (b) Freedom from bias and discrimination: Employment and pay practices are free from the effects of unconscious bias and assumptions based on gender. (c) Transparency and accessibility: Employment and pay practices, pay rates and systems are transparent. Information is readily accessible and understandable. (d) Relationship between paid and unpaid work: Employment and pay practices recognise and account for different patterns of labour force participation by workers who are undertaking unpaid and/ or caring work. (e) Sustainability: Interventions and solutions are collectively developed and agreed, sustainable and enduring. (f) Participation and engagement: Workers, unions and employers work collaboratively to achieve mutually agreed outcomes. 49.3. Meaning of 'pay In this clause, 'pay' refers to remuneration including but not limited to salary, bonuses, overtime payments, allowances and superannuation. (a) Claims relating to systemic gender equality issues i. A systemic gender equality issue means, as set out in the Gender Equality Act 2020, an issue of a systemic nature within the Employer which adversely affects a class or group of employees of the Employer, relating to: il. The gender composition of any or all workforce levels of the Employer; or iii. The gender composition of governing bodies; or iv. Equal remuneration for work of equal or comparable value across any or all workforce levels of the Employer irrespective of gender; or V. Sexual harassment in the workplace; or vi. Recruitment and promotion practices in the workplace; or vii. Availability and utilisation of terms, conditions and practices in the workplace relating to family violence leave, flexible working arrangements and working arrangements supporting Employees with family or caring responsibilities; or viii. Gendered workplace segregation, or ix. any other prescribed matters. b. The Union and/or a class or group of Employees (Claimant/s) may seek resolution of a dispute relating to a systemic gender equality issue (Claim) in accordance with this clause. HSV Enterprise Agreement 2023 52 of 58 Public




 



c. A Claim or Claims under this clause must be made in writing to the Employer. 

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

e. The Employer must meet and discuss the Claim with the Claimant prior to responding to the Claim. 

f. The Employer must respond to the Claim in writing to the Claimant/s, within a reasonable time, 
including enough details in the response to allow the Claimant to understand the Employer's 
response to each element of the Claim, including reasons why the Claim is accepted or rejected. 

g. Where agreement is reached between the parties within the workplace, this agreement and agreed 
resolution must be documented. 

h. If the Claim, or some elements of the Claim are unable to be resolved between the Employer and 
the Claim antis, either the Claimant/s or the Employer may refer unresolved elements of the Claim to 
the Public Sector Gender Equality Commissioner (Commissioner) to deal with. In doing so the parties 
should present, subject to the terms of the Gender Equality Act 2020 (Vic), the agreed and unagreed 
items of the Claim to the Commissioner. 

i. In dealing with a Claim, the Commissioner: 
i. Must consider the Gender Pay Equity Principles articulated in clause 1.1 above: and 

ii. Must be objective and free from assumptions based on gender; and 
iii. Must acknowledge that current pre-existing views, conclusions or assessments of comparable 

worth or value may not be free of assumptions based on gender; and 

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

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

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

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

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

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

x. May otherwise deal with the Claim in any way the Commissioner considers appropriate, 
consistent with the requirements of the Gender Equality Act 2020 (Vic). This can include 
mediation, conciliation, making recommendations or offering opinions. However, the 
Commissioner cannot make any binding determination in relation to a Claim. 

j. If a Claim is unable to be resolved by the Commissioner, either the Claimant or the Employer may 
refer the Claim to the Fair Work Commission as a dispute of a collective character for resolution 
pursuant to clause 11. 

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

I. A Claimant or the Employer may choose to be represented at any stage by a representative, including 
a Union representative or Employer's organisation. 

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

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

49.4. Gender Equality Action Plans 

HSV Enterprise Agreement 2023 53 of 58 Public 


C. A Claim or Claims under this clause must be made in writing to the Employer. d. In the first instance the Claim should include sufficient detail for the Employer to make a reasonable assessment of the nature of the Claim, the employees impacted by the Claim and any proposals to resolve the Claim. e. The Employer must meet and discuss the Claim with the Claimant prior to responding to the Claim. f. The Employer must respond to the Claim in writing to the Claimant/s, within a reasonable time including enough details in the response to allow the Claimant to understand the Employer's response to each element of the Claim, including reasons why the Claim is accepted or rejected. g. Where agreement is reached between the parties within the workplace, this agreement and agreed resolution must be documented h. If the Claim, or some elements of the Claim are unable to be resolved between the Employer and the Claimant/s, either the Claimant/s or the Employer may refer unresolved elements of the Claim to the Public Sector Gender Equality Commissioner (Commissioner) to deal with. In doing so the parties should present, subject to the terms of the Gender Equality Act 2020 (Vic), the agreed and unagreed items of the Claim to the Commissioner. i. In dealing with a Claim, the Commissioner: i. Must consider the Gender Pay Equity Principles articulated in clause 1.1 above; and ii. Must be objective and free from assumptions based on gender; and iii. Must acknowledge that current pre-existing views, conclusions or assessments of comparable worth or value may not be free of assumptions based on gender; and iv. Must ensure that skills, responsibilities, effort and conditions that are commonly undervalued such as social and communication skills, responsibility for wellbeing of others, emotional effort, cultural knowledge and sensitivity are considered; and v. Must ensure that dispute resolution outcomes consider current or historical gender-based discrimination and do not further promote systemic undervaluation, and vi. Must deal with the Claim in a manner that is independent of the Employer or the Claimant; and vii. Must consider evidence that the Claim may not be isolated to the Employer subject to the Claim but may affect Employees from other public sector employers not covered by this Agreement; and viii. May jointly deal with a Claim and any other dispute which has been referred to the Commissioner which relates to the same or similar systemic gender equality issues; and ix. Must consider the views of the Claimant prior to jointly dealing with multiple Claims or disputes; and X. May otherwise deal with the Claim in any way the Commissioner considers appropriate, consistent with the requirements of the Gender Equality Act 2020 (Vic). This can include mediation, conciliation, making recommendations or offering opinions. However, the Commissioner cannot make any binding determination in relation to a Claim. j. If a Claim is unable to be resolved by the Commissioner, either the Claimant or the Employer may refer the Claim to the Fair Work Commission as a dispute of a collective character for resolution pursuant to clause 11. k. This clause does not apply to any dispute regarding a matter or matters arising in the course of bargaining in relation to a proposed enterprise agreement. 1. A Claimant or the Employer may choose to be represented at any stage by a representative, including a Union representative or Employer's organisation. m. The Claimant and Employer and their representatives must genuinely attempt to resolve the dispute through the processes set out in this clause and must cooperate to ensure that these processes are carried out expeditiously. n. Whilst a Claim is being dealt with in accordance with this clause, work must continue in accordance with usual practice, provided that this does not apply to an Employee who has a reasonable concern about an imminent risk to their health or safety, has advised the Employer of this concern and has not unreasonably failed to comply with a direction by the Employer to perform other available work that is safe and appropriate for the Employee to perform. No party will be prejudiced as to the final settlement of the Claim by the continuance of work in accordance with this clause. 49.4. Gender Equality Action Plans HSV Enterprise Agreement 2023 53 of 58 Public




 



The Employer will consult with the governing body of the entity, the employees, Union or employee 
representatives and any other relevant person in the preparation of Gender Equality Action Plans 
under the Gender Equality Act 2020 (VIC). 

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The Employer will consult with the governing body of the entity, the employees, Union or employee representatives and any other relevant person in the preparation of Gender Equality Action Plans under the Gender Equality Act 2020 (VIC). HSV Enterprise Agreement 2023 54 of 58 Public




 



Schedule A Classification Band Levels 

The parties have agreed to the classification levels and will work through the descriptors and progression 
steps and translation process during the life of the HSV Enterprise Agreement 2023 with the intention of 
including the new classification structure into the next agreement ( consistent with wages policy). The parties 
have agreed to the next steps in correspondence dated 5 September 2022. That correspondence does not 
form part of this Agreement. 

HSV reserves the right to pay an Employee above the indicative salary range. Payment above the indicative 
salary range does not affect the Employee's classification. 

Classification Band Level 3 - Support Staff 

Level of responsibility 

Relevant Qualifications 

Responsible for work performed Substantial level of 
accountability and discretion. 

Capable of prioritising work within established routines, 
methods and procedures. 

Works under limited supervision, either individually or in a 
team. 

Requires specific on-the-job training and/or relevant skills 
training or experience. 

Required to have formal qualifications and/or relevant training 
or experience. 

Classification Band Level 4 - Technical and Senior Support Staff 

Level of responsibility 

Relevant Qualifications 

Leadership 

Responsible and accountable for own work. 

Required to exercise initiative, discretion and judgement. 

May have limited supervisory responsibility. 

Required to have post secondary or tertiary qualifications and/or 
relevant experience. 

Provides overall support and direction for organisational issues. 

Assist in applying reviewing and developing strategy, policies 
and procedures. 

Classification Band Level 5 - Line Managers & Senior Technical Staff 

Level of responsibility 

Relevant Qualifications 

Leadership 

HSV Enterprise Agreement 2023 

Responsible and accountable for own work and may directly 
supervise the work of others. 

Required to exercise substantial initiative, discretion and 
judgment. 

Required to have post secondary or tertiary qualifications and/or 
extensive relevant experience. 

Required to apply detailed knowledge gained through previous 
experience. 

Provides overall support and direction for staff. 

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Schedule A Classification Band Levels The parties have agreed to the classification levels and will work through the descriptors and progression steps and translation process during the life of the HSV Enterprise Agreement 2023 with the intention of including the new classification structure into the next agreement (consistent with wages policy). The parties have agreed to the next steps in correspondence dated 5 September 2022. That correspondence does not form part of this Agreement. HSV reserves the right to pay an Employee above the indicative salary range. Payment above the indicative salary range does not affect the Employee's classification. Classification Band Level 3 - Support Staff Level of responsibility Responsible for work performed Substantial level of accountability and discretion. Capable of prioritising work within established routines, methods and procedures. Works under limited supervision, either individually or in a team. Relevant Qualifications Requires specific on-the-job training and/or relevant skills training or experience. Required to have formal qualifications and/or relevant training or experience. Classification Band Level 4 - Technical and Senior Support Staff Level of responsibility Responsible and accountable for own work. Required to exercise initiative, discretion and judgement. May have limited supervisory responsibility. Relevant Qualifications Required to have post secondary or tertiary qualifications and/or relevant experience Leadership Provides overall support and direction for organisational issues. Assist in applying reviewing and developing strategy, policies and procedures. Classification Band Level 5 - Line Managers & Senior Technical Staff Level of responsibility Responsible and accountable for own work and may directly supervise the work of others. Required to exercise substantial initiative, discretion and judgment. Relevant Qualifications Required to have post secondary or tertiary qualifications and/or extensive relevant experience. Required to apply detailed knowledge gained through previous experience. Leadership Provides overall support and direction for staff. HSV Enterprise Agreement 2023 55 of 58 Public




 



Applies, reviews and develops strategy, policies and procedures. 

Classification Band Level 6 - Senior Management 

Level of responsibility 

Relevant Qualifications 

Leadership 

HSV Enterprise Agreement 2023 

Responsible and accountable for own work and that of work 
teams. 

Required to exercise superior level of initiative, discretion and 
judgment. 

May have delegated authority. 

Required to have tertiary qualifications and extensive relevant 
experience. 

Required to apply detailed and strategic knowledge gained 
through previous experience. 

Applies, reviews and develops strategy, policies, procedures. 

Provides overall support and direction for the organisation. 

56 of 58 Public 


Applies, reviews and develops strategy, policies and procedures. Classification Band Level 6 - Senior Management Level of responsibility Responsible and accountable for own work and that of work teams. Required to exercise superior level of initiative, discretion and judgment. May have delegated authority. Relevant Qualifications Required to have tertiary qualifications and extensive relevant experience. Required to apply detailed and strategic knowledge gained through previous experience. Leadership Applies, reviews and develops strategy, policies, procedures. Provides overall support and direction for the organisation. HSV Enterprise Agreement 2023 56 of 58 Public




 



Schedule B Rates Of Pay 

Enterprise Agreement 
Band Classification Level 

3 

4 

5 

6 

HSV Enterprise Agreement 2023 

Minimum Gross Annual 
Rate of Pay 

62,100 

82,800 

93,150 

119,025 

57 of 58 

Maximum Gross Annual 
Rate of Pay 

100,395 

131,963 

153,180 

190,440 

Public 


Schedule B Rates Of Pay Enterprise Agreement Minimum Gross Annual Maximum Gross Annual Band Classification Level Rate of Pay . Rate of Pay 3 62,100 100,395 4 82,800 131,963 5 93,150 153,180 6 119,025 190,440 HSV Enterprise Agreement 2023 57 of 58 Public




 



SIGNED for and on behalf of HEAL TH PURCHASING 
VICTORIA (trading as HealthShare Victoria) by its 
authorised representatives in the presence of: 

o~~ 

Witness 

Odette Commins 

Name of Witness (print) 

SIGNED for and on behalf of Community and Public 
Sector Union State Public Services Federation (SPSF) 
Group Victoria by its authorised officers in the 

~~ 
Witnes~~,..,_ 
.86'-lrv~l'f 

1fft# NtflM: ' 
Name of Witness (print) 

SIGNED for and on behalf of EMPLOYEES in the 
presence of: 

Witness 

Eva Neil 
Name of Witness (print) 

HSV Enterprise Agreement 2023 58 of 58 

Signatur~/ 

Neil Rodaway 

Name (print) 

Chief Executive 

Authority to sign 

Level 34, 2 Lonsdale Street Melbourne 

Address 

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Signature 

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Address 

Signature 

Lucy Williams 

Name (print) 

Employee Representative 

Authority to sign 

Level 34, 2 Lonsdale Street, Melbourne 

Address 

Public 


SIGNED for and on behalf of HEALTH PURCHASING VICTORIA (trading as HealthShare Victoria) by its authorised representatives in the presence of: Signature Odette Commins Neil Rodaway Name (print) Witness Odette Commins Chief Executive Authority to sign Name of Witness (print) Level 34, 2 Lonsdale Street Melbourne Address SIGNED for and on behalf of Community and Public WC Townsend Sector Union State Public Services Federation (SPSF) Group Victoria by its authorised officers in the Signature presence of: Wayne Townsend Name (print) Witness Branch, Assistant BELINDA Secretary. THALACADA . Authority to sign Name of Witness (print) 4/128 ExhibitionSt Melbourne 3000. Address SIGNED for and on behalf of EMPLOYEES in the presence of: Signature en Lucy Williams Witness Name (print) Eva Neil Employee Representative Name of Witness (print) Authority to sign Level 34, 2 Lonsdale Street, Melbourne Address HSV Enterprise Agreement 2023 58 of 58 Public

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