The Cancer Council of Victoria Collective Agreement 01/2006

THE CANCER COUNCIL VICTORIA 
COLLECTIVE AGREEMENT NO 1/2006 

 

PART 1—APPLICATION AND OPERATION OF AGREEMENT 

1. AGREEMENT TITLE AND PARTIES 

1.1 This agreement shall be known as the Cancer Council Victoria Collective 
Agreement No. 1/2006. 

1.2 The parties bound by this Agreement shall be:  

1.2.1 Anti-Cancer Council of Victoria trading as The Cancer Council Victoria. 

1.2.2 All persons whose employment is subject to this Agreement. 

2. ARRANGEMENT 

 This Agreement is arranged as follows: 
Part 1—Application and operation of agreement 

1. Agreement title and parties 

2. Arrangement 

3. Definitions and interpretation 

4. Awards and agreements 

5. Commencement date of agreement and period of operation 

 

Part 2—Communication and dispute resolution 

6. Communication 

7. Disputes settling procedures 

 

Part 3—Employment relationship and related matters 

8. Employer duties 

9. Employment categories 

10. Redeployment and redundancy 

11. Termination of employment 

12. Disciplinary procedures 

 

Part 4—Salary framework and related matters 

13. Salary framework 

14. Salary review 
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15. Higher duties allowance 

16. Salaries 

17.  Method of payment 

18. Allowances 

19. Superannuation 

 

Part 5—Hours of work and time in lieu 

20. Hours of work 

21. Time in lieu 

 

Part 6—Leave of absence and public holidays 

22. Recreation leave 

23. Additional leave 

24. Personal/carers leave 

25. Infectious diseases/serious illness 

26. Compassionate leave 

27. Parental leave 

28. Long service leave 

29. Community service 

30. Public holidays 

31. Study leave 

32. Military Service Sick Leave 

33. Leave without pay 

34. Cultural and ceremonial leave 

35. Religious leave 

 

Part 7—Training and Development 

36. Training and development 
 

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Part 8—Transfers, travelling and working away from usual place of work 

37. Excess travelling time 

38. Personal expenses 

39. Use of private motor vehicle 

 

Part 9—Workplace safety and discrimination 

40. Accident make-up pay 

41. Rehabilitation 

42. Occupational Health and Safety 

43. Employee assistance program 

44. Workplace harassment, discrimination and bullying 

 

Part 10—Miscellaneous 

45. Facilities, equipment and accommodation 

46. Availability 

47. Joint consultative committee 

48. Accrued entitlements 

49. Protection for accredited representatives 

 

3. DEFINITIONS AND INTERPRETATION 

3.1 In this agreement, unless inconsistent with the context of the subject matter: 

3.1.1 Base Salary means the TEPV of an Employee less the annual leave loading, 
superannuation and Fringe Benefits Amount payable in respect of the 
Employee. 

3.1.2 Employer means the Anti-Cancer Council of Victoria trading as The Cancer 
Council Victoria. 

3.1.3 Employee means any person employed by the Employer whose position is 
classified within the Salary Framework in accordance with the Work Level 
Descriptors other than an Executive. 

 
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3.1.4 Executive Committee means the executive committee as constituted by the 

Cancer Act 1958 (Vic). 

3.1.5 Executive means a person employed by the Employer and designated as an 
Executive by the Executive Committee. 

3.1.6 Fringe Benefits Amount means the taxable value of the non-salary benefits 
payable in accordance with clause 16.2. 

3.1.7 Parties means the Employer and the Employees. 

3.1.8 Salary Framework means the salary framework in Schedule 1 to this 
Agreement. 

3.1.9 Total Equivalent Package Value or TEPV means the sum of the Base Salary, 
annual leave loading, superannuation and Fringe Benefits Amount payable in 
respect of an Employee. 

3.1.10 Union means the Community and Public Sector Union (CPSU). 

3.1.11 Work Level Descriptors means the work level descriptors in Schedule 2 to 
this Agreement. 

3.2 The policies of the Employer referred to in this Agreement are not incorporated into this 
Agreement and do not form part of this Agreement. 

4. AWARDS AND AGREEMENTS 

4.1 The parties intend that this Agreement provides a comprehensive statement of the terms 
and conditions of the employment of the Employees. 

4.2 This Agreement supersedes and replaces in its entirety any previous certified agreement 
covering employment with the Employer. 

4.3 This Agreement operates to the exclusion of and wholly replaces any award of the 
Australian Industrial Relations Commission that would, apart from this clause, apply to 
the employment of Employees by the Employer. 

4.4 This Agreement expressly excludes all protected award conditions. 

5. COMMENCEMENT DATE OF AGREEMENT AND PERIOD OF OPERATION 

5.1 The provisions of this Agreement will commence on the date of lodgement with the 
Office of the Employment Advocate. 

5.2 The nominal expiry date of this Agreement is 31 December 2010. 

 
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PART 2 – COMMUNICATION AND DISPUTE RESOLUTION 

6. COMMUNICATION  

6.1 The parties acknowledge that effective communication between Employer and 
Employees is essential to ensure that the organisation meets its objectives. To achieve 
the aim of effective communication, the Employer will institute and practice wide and 
formal dissemination of any information relevant to the working terms and conditions of 
Employees. The parties also acknowledge that there will be many instances where 
communication will not be sufficient and on these occasions the Employer undertakes to 
consult regularly with any affected Employees and to give prompt and due consideration 
to matters raised by Employees. 

7. DISPUTES SETTLING PROCEDURES 

7.1 Definitions 

7.1.1 In this clause 7, “party” means the Employer or one or more Employees, 
involved in a dispute and “parties” has a corresponding meaning.  

7.2 Resolution of disputes and grievances 

7.2.1 Unless otherwise provided for in this Agreement, a dispute or grievance about a 
matter arising under this Agreement must be dealt with in accordance with this 
clause 7. 

7.2.2 This clause 7 does not apply to any dispute on a matter or matters arising in the 
course of bargaining in relation to a proposed workplace agreement. 

7.2.3 A party may choose to be represented at any stage by a representative, including 
a union representative or Employer’s organisation. 

7.3  Obligations of the parties to a dispute 

7.3.1 The parties to the dispute or grievance must genuinely attempt to resolve the 
dispute or grievance through the processes set out in this clause and must 
cooperate to ensure that these processes are carried out expeditiously. 

7.3.2 Whilst a dispute or grievance is being dealt with in accordance with this clause, 
work must continue in accordance with usual practice, provided that this does 
not apply to an Employee who has a reasonable concern about an imminent risk 
to his or her 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. 

7.3.3 Neither party will be prejudiced as to the final settlement of the dispute or 
grievance by the continuance of work in accordance with this clause. 

7.4 Agreement and dispute settlement facilitation 

7.4.1 For the purposes of compliance of this Agreement (including compliance with 
this dispute settlement procedure) an accredited employee representative must be 
released by his/her Employer from normal duties for such periods of time as 

 
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maybe reasonably necessary to enable him/her to represent Employees 
concerning matters pertaining to the employment relationship including but not 
limited to: 

7.4.1(a) Investigating the circumstances of any dispute or any alleged breach of 
this Agreement: 

7.4.1(b) Endeavouring to resolve any dispute arising out of the operation of the 
Agreement at the request of another Employee 

7.4.1(c) Participating in conciliation, arbitration of any alternative dispute 
resolution process at the request of another Employee 

7.4.1(d) The release from normal duties referred to in this clause is subject to 
the proviso that it does not unduly affect the operations of the 
Employer 

7.5 Internal process 

7.5.1 If the dispute or grievance falls within the scope of an agency’s internal dispute 
or grievance resolution process, the matter may first be dealt with in accordance 
with that process. 

7.5.2 If the dispute or grievance is not settled through an internal dispute or grievance 
resolution process, the matter will be dealt with in accordance with the processes 
set out below, provided that sub-clauses 7.5.1 and 7.5.2 will not apply to the 
extent that their requirements have been satisfied as part of an internal review 
process. 

7.6 Discussion of grievance or dispute 

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

7.6.2 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.   

7.6.3 If the matter is not settled, a party to the dispute may apply to the Australian 
Industrial Relations Commission (AIRC) to have the dispute or grievance dealt 
with by conciliation. 

7.7 Disputes of a Collective Character 

7.7.1 Subject to clause 7.6.3, disputes of a collective character concerning more than 
one Employee may be dealt with more expeditiously by a direct reference to the 
AIRC.  

7.7.2 In the event of a dispute of a collective character the parties may agree to 
progress the dispute by a direct reference to the Commission under clause 7.7 
and 7.8 without taking the steps provided for in clauses 7.4 and 7.5 above, 
provided that clause 7.6.3 is complied with. 

 
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7.7.3 No dispute of a collective character may be referred to the Commission directly 

unless there has been an attempt to resolve the dispute prior to it being referred 
to the Commission. 

7.8 Conciliation 

7.8.1 Where a dispute or grievance is referred for conciliation, a member of the AIRC 
shall do everything that appears to the member to be right and proper to assist 
the parties to agree on terms for the settlement of the dispute or grievance. 

7.8.2 This may include arranging: 

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

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

7.8.3 Conciliation before the AIRC shall be regarded as completed when: 

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

(b) the member of the AIRC conducting the conciliation is satisfied that there 
is no likelihood that within a reasonable period, further conciliation will 
result in agreement by the parties on terms for settlement of the grievance 
or dispute; or 

(c) Either party have informed the Commission member that there is no 
likelihood of agreement on the settlement of the grievance or dispute and 
the member does not have substantial reason to refuse to regard the 
conciliation proceedings as completed. 

7.9 Arbitration 

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

7.9.2 Where a member of the AIRC has exercised conciliation powers in relation to 
the dispute or grievance, the member shall not exercise, or take part in the 
exercise of, arbitration powers in relation to the dispute or grievance if a party 
objects to the member doing so. 

7.9.3 Subject to sub-clause 7.9.4 below, the determination of AIRC is binding upon 
the parties. 

7.9.4 An appeal lies to a Full Bench of the AIRC, with the leave of the Full Bench, 
against a determination of a single member of the AIRC made pursuant to this 
clause. 

7.10 General powers and procedures of AIRC 

 
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7.10.1 Subject to any agreement between the parties in relation to a particular dispute or 

grievance and the provisions of this clause, in dealing with a dispute or 
grievance through conciliation or arbitration, the AIRC may: 

(a) determine matters of procedure as if clause 110 of the Workplace Relations 
Act 1996 applied to the proceeding; and  

(b) exercise the powers set out in clause 111 of the Workplace Relations Act 
1996 to the extent relevant, as if clause 111 applied to the proceedings. 

(c) In the course of dealing with a matter by arbitration, make an interim 
decision at any stage in the arbitration prior to the final determination of 
the dispute by arbitration. 

7.10.2 Publication and privacy obligations during disputes 

7.10.3 In accordance with the provisions of s707 and more particularly 707(2)(b) of the 
Workplace Relations Act 1996, the parties consent to and empower the 
Commission at its discretion to publicly disclose or use any document or 
information given in the course of conducting alternative dispute resolution 
under this agreement for the purposes of resolving the dispute. 

 

 
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PART 3—EMPLOYMENT RELATIONSHIP AND RELATED MATTERS8.
 EMPLOYER DUTIES 

8.1 Appointment on merit 

8.1.1 The Employer, in appointing applicants covered by this Agreement whether 
from inside or outside the Employer’s organisation, shall ensure that such 
appointments are based on merit, will be open and fair, and be non-
discriminatory in accordance with relevant legislation.  

8.1.2 On appointment, Employees will be given a letter of appointment and a position 
description which will form the basis of the contract of employment. The letter 
will specify: 

(a) the employment status; 

(b) band of the position on the Salary Framework; 

(c) the initial TEPV; 

(d)  any special conditions or benefits in addition to the provisions included in 
this Agreement. 

8.2 Position description 

8.2.1 The position description will detail the skills, functions, duties and 
responsibilities of the position. 

8.3 Probation period - new Employee 

8.3.1 All new Employees employed in senior positions within the salary framework 
(in a Research related area) whose work involves academic research, will be 
subject to a probationary period of up to twelve months. 

8.3.2 All other new Employees will be subject to a probationary period of three 
months. 

8.4 Performance review 

8.4.1 The Employer is committed to regular performance reviews of Employees. 

8.4.2 The performance review process runs over a 12-month period, and all full-time 
and part-time Employees are involved. The timing of Performance Reviews is 
linked to the budget cycle of the Employer. 

8.4.3 Unit Heads must ensure that the performance review process is completed for all 
Employees in their Unit. The process begins when an Employee commences 
employment with The Cancer Council Victoria. Together with the supervisor, 
the Employee will develop a Probation Plan containing measurable goals for the 
probationary period (3 months or up to 12 months for research Employees). 

8.4.4 Upon successful completion of probationary period, the next phase of the 
process begins. Together with their supervisor, Employees complete a 
Performance Plan and a Training and Development Plan. For new Employees 
the time between the Performance Plan and the Performance, Training & 

 
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Development Review will vary. The supervisor and the Employee should have a 
progress meeting at approximately 6 months or at the half-way point of the 
cycle. 

8.4.5 At the end of the cycle, the supervisor and Employee meet for a Performance, 
Training & Development Review. Performance is measured against the 
outcomes set in the Performance Plan. Comments are documented on the 
Performance & Development Review Form.  

9. EMPLOYMENT CATEGORIES 

9.1 Categories of employment 

9.2 The categories of employment within The Cancer Council Victoria are: 

9.2.1 Continuing appointment; 

9.2.2 Limited Tenure appointment; 

9.2.3 Casual employment. 

9.3 Employees who hold a Continuing appointment or Limited Tenure appointment may be 
either: 

9.3.1 Full-Time - A full-time Employee is one who is engaged to work the ordinary 
hours of work prescribed in Clause 20 hereof; or 

9.3.2 Part-Time - A part-time Employee is one who works less than 75 hours per 
fortnight. A part-time Employee shall receive all the provisions of this 
Agreement on a pro-rata basis in accordance with the number of hours worked. 

9.4 Continuing Appointment: 

9.4.1 Continuing appointment is offered where a position is required in an ongoing 
capacity and it is funded continuously through core funds. 

9.5 Limited Tenure appointment: 

9.6 There are three types of Limited Tenure appointment: 

9.6.1 Longer Term Funding by Grants or External Providers; 

9.6.2 Specific Tasks/Projects; 

9.6.3 Leave Replacement. 

9.7 The terms of these Limited Tenure appointments are: 

9.7.1 Longer Term Funding by Grants or External Providers - the term offered would 
be for the time (or the remainder of the time) that funds are available for the 
position. 

9.7.2 Specific Tasks/Projects – the term offered would be for the time identified for 
the specific task or project to be completed. 

9.7.3 Leave Replacement - the term offered would be for the time the position will be 
vacant. 

 
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9.8 In all cases a Limited Tenure Employee: 

9.8.1 Is informed that they are appointed for a specific term. 

9.8.2 Is given a date at which the appointment expires. 

Will be advised of the impending expiry of their term of employment, or be made an 
offer of renewal of Limited Tenure, at least four weeks prior to the event. 

9.9 A Limited Tenure appointment may be offered and/or renewed for the purposes of 
completing a higher degree where candidature depends on employment at The Cancer 
Council Victoria. 

9.9.1 Renewal of this appointment relies on the candidate for a higher degree working 
substantively on their thesis during their employment such that the position can be 
characterised as a training position. 

9.9.2 Upon completion (awarding) of the higher degree, the Employer may offer the 
Employee up to an additional 6 months Limited Tenure appointment to facilitate the 
production of publications based on the higher degree research. 

9.10 Casual Employees:  

9.11 For short periods at various times throughout the year, The Cancer Council Victoria 
needs extra human resources for tasks that cannot be done by Continuing or Limited 
Tenure Employees due either to lack of time or expertise. The Employer will employ 
suitable people on a casual basis to carry out these tasks. 

9.12 The rate of pay for casual Employees will be the appropriate Cancer Council base salary 
level for the task calculated as an hourly rate plus a casual loading as described in clause 
9.16. The hours worked will be by agreement between the Employee and the relevant 
unit head. 

9.13 After an extended period of casual employment, either party may initiate a review of the 
Employee’s status to determine whether a move to Limited Tenure or Continuing 
employment is appropriate. 

9.14 These provisions may be modified where the nature of the Employer’s operations are 
such that ongoing casual employment is an integral feature of the enterprise. 

9.15 Casual Employees – Loading  

9.16 Employees employed on a casual basis will receive a loading of 25% (subject to clause 
9.17) in addition to the applicable hourly rate of pay as compensation in lieu of any 
entitlement to the following benefits, unless expressly provided in this agreement:  

9.16.1 public holidays; 

9.16.2 recreation leave and recreation leave loading; 

9.16.3 sick leave; 

9.16.4 serious illness leave; 

9.16.5 special infectious diseases leave; 

9.16.6 accident make-up pay; 
 

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9.16.7 paid parental leave;  

9.16.8 paid carer’s leave;  

9.16.9 compassionate leave;  

9.16.10 jury service; 

9.16.11 military service sick; 

9.16.12 cultural and ceremonial leave; 

9.16.13 religious leave; and   

9.16.14 study leave. 

9.17 For as long as a casual Employee is covered by this Agreement, the casual loading that 
is payable to a casual Employee will not be less than the default casual loading provided 
by Division 2 of Part 7 of the Workplace Relations Act 1996. 

9.18 Volunteer Labour: 

9.19 The Cancer Council Victoria is a volunteer-based organisation dependent on the support 
of the community. The involvement of unpaid volunteer labour will complement the 
work of Employees. In deciding whether or not to involve volunteers, the Employer will 
ensure that Employees are not displaced. 

9.20 All Employees who: 

9.20.1 were offered an initial Limited Tenure appointment on or after 1 July 1999 and 
before 1 July 2003; and 

9.20.2 have maintained continuity of service, 

will, on expiry of that appointment, be offered a new appointment, as either a 
Continuing Appointment or Limited Tenure Appointment. While the new appointment 
will be dependent on the further need for the position and the availability of funding, an 
Employee in this group will be offered a Continuing Appointment after five years of 
continuous Limited Tenure employment. 

9.21 All Employees who: 

9.21.1 were offered an initial Limited Tenure appointment on or after 1 July 2003; 
and 

9.21.2 have maintained continuity of service, 

will, on expiry of that appointment, be offered a new appointment as either a Continuing 
Appointment or Limited Tenure appointment. The new appointment will be dependent 
on the further need for the position and the availability of funding. 

9.21.3 All Employees who commenced on or after 1 July 2004 or who commence on 
or after the day this Agreement commences will be appointed as a Continuing 
Appointment, Limited Tenure Appointment or Casual Employee. 

10 REDEPLOYMENT AND REDUNDANCY 

10.1 Redeployment 
 

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From time-to-time positions become redundant. When this occurs it is agreed that the 
first preference is to redeploy the Employee to another position in The Cancer Council 
Victoria. It is recognised however, that in a number of cases the nature of the job or the 
circumstances of the incumbent are such that severance may be offered. This should 
happen only after the maximum effort has been made to redeploy any Employees whose 
positions have become redundant. 

10.2 Implicit in this Agreement is the principle that no Employee is redundant, it is the 
surplus position which is redundant and these guidelines shall apply irrespective of the 
cause of redundancy. 

10.3 Options for discussion should include, but not be limited to: 

• Retraining; 

• Redeployment; 

• Counselling; 

• Severance. 

10.4 A valid offer of redeployment shall be: 

10.4.1 A position for which the Employee is already qualified or for which he/she will 
be qualified on retraining and which is of the same or equivalent level or status 
as that previously occupied; or 

10.4.2 A position of different level or status for which the Employee is qualified and 
which is acceptable to the Employee concerned. 

10.5 Formal Advice 

10.5.1 Employees shall be given ten weeks from the date of formal advice of the 
position becoming redundant to indicate a preference for one of the offers made 
available by the Employer. 

10.5.2 If an Employee declines a valid offer to redeployment, he/she will be deemed to 
have resigned and a severance package will not be payable. 

10.5.3 If a redundancy results in severance the package will comprise: 

(a) 4 weeks pay in lieu of notice, plus; 

(b) 2 weeks per year of service to a maximum of 20 weeks (plus pro-rata for an 
incomplete year of service); 

(c) All leave entitlements will be paid out on a pro-rata basis; 

(d) If an Employee has five years or more service (as defined in clause 28) 
then long service leave shall also be paid out on a pro-rata basis. 

11. TERMINATION OF EMPLOYMENT 

11.1 Notice of termination by Employer 

 
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11.1.1 In order to terminate the employment of an Employee other than a casual, the 

Employer shall give to the Employee the following notice: 

Period of continuous service Period of notice 

Up to completion of three years two weeks 

Three years and up to completion of five years three weeks 

Five years and over  four weeks 

 

11.1.2 In addition, Employees over 45 years of age at the time of the giving of the 
notice, with not less than 12 months continuous service, shall be entitled to an 
additional week’s notice. 

11.1.3 Payment in lieu of notice shall be made if the appropriate notice period is not 
given, provided that employment may be terminated by part of the period of 
notice specified and part payment in lieu thereof. 

11.1.4 In calculating any payment in lieu of notice, the TEPV the Employee would have 
received in respect of the ordinary time he or she would have worked during the 
period of notice had his or her employment not been terminated shall be used. 

11.1.5 The period of notice in this clause shall not apply in case of dismissal for serious 
or wilful misconduct or redundancy or in the case of casual Employees. 

11.2 Notice of Resignation by Employee 

11.2.1 The minimum notice of resignation to be given by an Employee shall be four 
weeks. 

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

11.3 Time Off During Notice Period 

11.3.1 Where the Employer has given notice of termination to an Employee the 
Employee shall be allowed up to one day’s time off without loss of pay per week 
for the purpose of seeking other employment. 

11.3.2 The time off shall be taken at times that are convenient to the Employee after 
consultation with the Employer. 

11.4 Statement of Employment 

11.4.1 The Employer shall provide to the terminated Employee a written statement 
specifying the period of his or her employment and the classification of or the 
type of work performed by the Employee. 

 
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12. DISCIPLINARY PROCEDURES 

12.1 Disciplinary procedures are in place to enable The Cancer Council Victoria to discipline 
Employees in cases of unsatisfactory work performance, misconduct or serious 
misconduct. 

12.2 All disciplinary action should be carried out fairly and in a non-discriminatory manner. 

12.3 In considering each individual case, which should be judged on its merits, the 
Employee’s past employment record, length of service etc. should be taken into account. 
Where appropriate, counselling should be provided. 

12.4 The above disciplinary procedure does not affect the Employer’s common law right of 
instant dismissal and the Employee’s right to exercise the appeals process that may be 
available to him/her under the provision of this Agreement or by statute law. 

12.5 The procedures set out in this clause may be initiated by the Supervisor, Unit Head, or 
the Human Resources Manager, but disciplinary action defined as being the outcome of 
a disciplinary procedure may only be taken by the Director or the Human Resources 
Manager. 

12.6 The disciplinary procedures relating to Employees comprise two streams: 

12.6.1 Disciplinary Procedures for Unsatisfactory Work Performance; 

12.6.2 Disciplinary Procedures for Misconduct/Serious misconduct. 

12.7 Disciplinary procedures for Unsatisfactory Work Performance 

12.7.1 Disciplinary procedures for Unsatisfactory Work Performance involve a series of 
three formal warnings. The unsatisfactory performance will be identified, the 
standard required will be outlined and a plan of action within a specific time 
frame will be developed. 

12.7.2 Failure by the Employee to satisfactorily improve those aspects of his or her 
work performance deemed unsatisfactory will result in subsequent warnings. 

12.7.3 The third warning is a final warning and Employees should be aware that failure 
to achieve satisfactory levels of work performance is likely to result in their 
employment being terminated. 

12.7.4 At the warning meetings, the Employee is entitled to representation by a union 
official or a fellow Employee. 

12.8 Disciplinary Procedures for Misconduct/Serious Misconduct 

12.9 Allegations of Misconduct/Serious Misconduct are investigated following reports to 
either the Director or Human Resources Manager. 

12.9.1 Any allegation of misconduct or serious misconduct must be investigated and an 
Employee is required to respond to the allegations. 

12.9.2 Depending on the seriousness of the misconduct, the allegation may be 
investigated by a Committee nominated by the Director. 

 
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12.9.3 During the investigation, the Employee is entitled to representation by a person 

chosen by the Employee, including being represented by a union official or a 
fellow Employee. 

12.9.4 Disciplinary action in relation to misconduct may include one or more of the 
following: 

(a) A formal censure/written warning; 

(b) Counselling; 

(c) Reduction of TEPV within the band of the position; 

(d) Transfer to another position and paid a TEPV appropriate to that position; 

(e) Suspension with or without pay. 

12.9.5 Disciplinary action in relation to Serious Misconduct may involve any of the 
above or the following: 

(a) Termination of employment of the Employee without notice. 

12.9.6 The onus of proof will be on the Employer to substantiate that the conduct 
concerned is sufficiently serious to justify instant dismissal. 

 
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PART 4 - SALARY FRAMEWORK AND RELATED MATTERS 

13. SALARY FRAMEWORK 

13.1 The Employer will determine the appropriate band of the Salary Framework (see 
Schedule 1) for each Employee in accordance with the Work Level Descriptors (see 
Schedule 2). 

13.2 The Employer will adjust each band of the Salary Framework annually to reflect market 
movement. Market movement will be monitored using data provided by an external 
agency. TEPVs for Employees are adjusted in accordance with clause 14. 

13.3 Mandatory term about basic periodic rate of pay 

For so long as an Employee is subject to this Agreement, the Employer will provide a 
basic periodic rate of pay that is at least equal to: 

13.3.1 the basic periodic rate of pay that would have been applicable to the Employee 
under the Australian Fair Pay and Conditions Standard as it applies in Victoria if 
the Employee was not subject to an award or this Agreement; 

13.3.2 if clause 13.3.1 does not apply and the Employee is: 

(a) under the age of 21; 

(b) qualified for a disability support pension or would be qualified but for 
paragraph 94(1)(e) or 95(1)(c) of the Social Security Act 1991 (Cth); 

(c) subject to a training arrangement, as defined in section 4 of the 
Workplace Relations Act 1996 (Cth), 

the amount calculated in accordance with regulation 21.2 in Part 21 of Chapter 
2 of the Workplace Relations Regulations 2006 (Cth); or 

13.3.3 if clauses 13.3.1 and 13.3.2 do not apply, the standard federal minimum wage. 

14. TEPV REVIEW 

14.1 TEPV Reviews will be conducted when the Performance Review (see Clause 8) has 
been completed. 

14.2 All Employees will have their TEPV reviewed annually by their supervisor as part of the 
Performance Review Process. Unit Heads are responsible for ensuring that the TEPV 
Review process is completed for all Employees in their Unit. 

14.3 Salaries can also be reviewed at completion of the probationary period, at the 
commencement of a new employment contract, when a position is reclassified, and 
when the duties and responsibilities within a position change. 

14.4 The criteria for TEPV increase are clear, objective and measurable. To be awarded a 
band-specific market increase, an Employee must have maintained competent 
performance. To be eligible for a performance-based increase above the market 
increase, an Employee must have performed above expectations. If performance 
declines, an Employee may receive less than the band-specific market increase. 

 
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THE CANCER COUNCIL VICTORIA 
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14.5 The Unit Head will review all recommendations for salary increases. Recommendations 

are then made to the Cancer Council Director (via Human Resources) for decision. 

15. HIGHER DUTIES ALLOWANCE 

15.1 Where an Employee is assigned extra tasks and duties when another Employee of a 
higher classification is absent for more than two consecutive calendar weeks, the 
Employee is eligible for a higher duties allowance. In some circumstances, a higher 
duties allowance may also be paid for special short-term projects. 

15.2 The allowance is calculated on the difference between the Employee’s TEPV and TEPV 
band starting point of the classification of the job being performed. 

15.3 The percentage of allowance payable depends on the proportion of higher tasks 
undertaken. 

15.4 The allocation of additional responsibilities and the recommendation that a higher duties 
allowance be paid require the approval of the Unit Head. 

16. SALARIES 

16.1 Increases in TEPV will be paid as follows from the first full pay period on or after 1 
January each year: 

 2006: An increase to TEPV of 4.2%, for all Employees covered by this Agreement 

2007: Performance based band specific market movement increase with a minimum 
 of 2.5% to TEPV 

2008: Performance based band specific market movement increase with a minimum 
 of 2.00% to TEPV 

2009: Performance based band specific market movement increase with a minimum 
 of 1.00% to TEPV 

2010 Performance based band specific market movement increase to TEPV 

16.2 Salary packaging 

16.2.1 A full-time or part-time Employee will have their TEPV packaged in accordance 
with the Cancer Council Salary Packaging Policy (available on the Cancer 
Council’s Intranet). 

16.2.2 In the event that the Employer is liable, for whatever reason, to pay Fringe 
Benefits Tax (FBT) in respect of an Employee, the amount of the FBT liability 
will be passed on to the Employee. 

16.2.3 Where Employees elect to access Salary Packaging, the Employee will pay any 
administration fees. 

17. METHOD OF PAYMENT 

17.1 Payment method 

 
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THE CANCER COUNCIL VICTORIA 
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 There shall be two methods of payment – fortnightly and monthly. All Employees that 

are current Employees of The Cancer Council Victoria on date of lodgement of this 
Agreement shall be paid fortnightly and may opt to be paid monthly. Employees who 
are newly engaged on or after lodgement of this Agreement shall be paid monthly. All 
casual Employees shall be paid fortnightly. All payments, whether fortnightly or 
monthly, shall be paid by direct credit to a bank account, credit union or building society 
nominated by the Employee. 

17.2 Fortnightly payment shall be paid to Employees 2 weeks in arrears, on the same day of 
each fortnight except where such day falls on a public holiday in which case payment 
shall be made on the previous working day. Monthly payments shall be paid to 
Employees 2 weeks in arrears and 2 weeks in advance, on the same date each month 
except where such a date falls on a public holiday or weekend, in which case payment 
shall be made on the previous working day.  

17.3 Provided that an Employee proceeding on a period of paid leave of a minimum of five 
working days duration, shall on request receive advance payment with three weeks 
notice to the Employer. 

17.4 Calculation of Fortnightly Base Salary—Full-time Employees 

For the purpose of calculating the amount payable fortnightly, the amount shall be 
calculated as follows: 

     Annual Base Salary 

             26 

17.5 Calculation of Fortnightly Base Salary—Part-time Employees 

In the case of part-time Employees, the amount shall be calculated as follows: 

   Fixed hours of duty          x Annual Base Salary 

   Ordinary hours of duty           26 

 

17.6 Calculation of Monthly Base Salary – Full-time Employees 

For the purpose of calculating the amount payable monthly, the amount shall be 
calculated as follows: 

     Annual Base Salary 

             12 

 

17.7 Calculation of Monthly Base Salary – Part-time Employees 

In the case of part-time Employees, the amount shall be calculated as follows: 

   Fixed hours of duty          x Annual Base Salary 
 

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THE CANCER COUNCIL VICTORIA 
COLLECTIVE AGREEMENT NO. 1/2006 

 
   Ordinary hours of duty           12 

17.8 Any additional hours worked by part-time staff shall be paid via timesheet on an arrears 
 basis. 

18. ALLOWANCES 

18.1 First aid allowance 

The Employer may nominate an Employee as first aid officer for a given workplace. 

18.2 Where an Employee so nominated holds a first aid certificate issued by the St John 
Ambulance Association or a qualification deemed equivalent by the Employer, the 
Employer may authorise the payment to such an Employee of an annual allowance 
calculated as follows: 

Annual Allowance = 1.5% of the TEPV minimum of Band A (see Schedule 1). 

19. SUPERANNUATION 

19.1 The Employee may choose a superannuation fund which receives their compulsory 
superannuation guarantee payments. The superannuation fund must comply with the 
Superannuation Guarantee (Administration) Act and the Superannuation Industry 
(Supervision) Act. Should an Employee not elect a superannuation fund of their choice 
they will default to the Employer’s choice of default fund. 

19.2 An employee may make pre tax contributions into a complying superannuation fund. 

 
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THE CANCER COUNCIL VICTORIA 
COLLECTIVE AGREEMENT NO. 1/2006 

 
PART 5—HOURS OF WORK AND TIME IN LIEU 

20. HOURS OF WORK 

20.1 Introduction 

20.1.1 The Parties acknowledge that in most instances Employees will work during 
ordinary hours on Monday through Friday. Further that the extension of ordinary 
time to include Saturday is to accommodate the specific operational needs of 
certain units. Therefore the parties agree that Employees will only be offered 
contracts of employment for ordinary hours of work including a Saturday where 
there are genuine operational needs and where there is genuine agreement 
between the Employer and Employee. 

20.1.2 The Parties are committed to providing flexibility of working hours subject to 
operational requirements. This can be achieved through negotiation of start, 
finish and break times to allow for accrual of time-in-lieu. 

20.2 Ordinary hours of work 

20.2.1 The official spread of ordinary working hours of The Cancer Council Victoria 
are 8.00 am to 8.00 pm, Monday to Saturday. 

20.2.2 Ordinary hours of work for a full-time Employee on a fortnightly pay cycle shall 
be 75 hours per fortnight (37.5 hours per week), and for a full-time Employee on 
a monthly pay cycle shall be 162.5 hours per month (37.5 hours per week).  
Employees may be required to work reasonable additional hours. 

20.2.3 Usual starting time is 8:30 am and usual finishing time is 5.00 pm with an hour 
for lunch. Actual starting and finishing times can be negotiated with the Unit 
Head, in accordance with the needs of the Employer and Employee concerned, 
provided that a minimum break of 30 minutes is taken after an Employee works 
for 5 hours. 

20.2.4 Employees may be required to work outside the official spread of hours. An 
Employee will work the number of hours per fortnight as specified in the letter 
of appointment, or any subsequent letter amending hours of work. 

20.2.5 Any alteration to the hours of work of an Employee must be negotiated with that 
Employee. 

20.2.6 An Employee may negotiate with their Unit Head to work their total number of 
hours per fortnight under a flexible hours working arrangement. 

20.2.7 The Employer may average the Employee’s actual hours worked over a 12 
month period for the purpose of determining compliance with the Australian Fair 
Pay and Conditions Standard. 

20.3 Breaks 

20.3.1 Employees are entitled to morning and afternoon “tea” breaks, provided that 
each break is no longer than 15 minutes. 

 
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THE CANCER COUNCIL VICTORIA 
COLLECTIVE AGREEMENT NO. 1/2006 

 
20.3.2 A meal period of at least 30 minutes shall be taken. No more than five hours 

shall elapse after the commencement of work and the taking of such a meal 
period. 

20.3.3 The Employer may stagger the time of taking a meal break to meet operational 
requirements. 

21. TIME IN LIEU 

21.1 An Employee may be required to work more than their ordinary hours per week. The 
Employee shall be entitled to receive time off in lieu of overtime as follows: 

21.1.1 Extra hours worked between 8.00 am-8.00 pm Monday to Saturday shall be 
reimbursed as time off in lieu, on an hour for hour basis. 

21.1.2 Extra hours worked between 8.00 pm-8.00 am Monday to Saturday and all day 
Sunday shall be reimbursed as time off in lieu, on an hour and a half for hour 
basis. 

21.1.3 Where an Employee works extra hours on any Public Holiday they shall be 
reimbursed as time in lieu on a two hour for one basis. 

21.1.4 When an Employee is “on call” it means that they must be: 

a) Contactable via telephone. 

b) Available and capable to work. 

c) Within 1.5 hours drive of The Cancer Council Victoria’s Head Office. 

d) Where a position that has an “on call” component is required to be “on 
call”, this provision must be set out in the Position Description and be 
classified accordingly. Requests for an “on call” service provided by an 
Employee must be approved by the relevant Manager. 

21.1.5 Where an Employee is ‘called out’ and required to work extra hours outside of 
their ordinary hours of work then the minimum will be 3 hours including travel 
time. 

21.1.6 Time-in-lieu is to be accrued and taken at a time to be agreed between the 
supervisor and the Employee. Records must be kept at the Unit level. 

21.1.7 Part-time Employees who are required to work more than their ordinary hours in 
a contracted position may negotiate with their supervisor to work up time in lieu 
as above, or be paid for the additional hours worked (up to a total of 75 hours per 
fortnight) at their normal hourly rate and accrue leave entitlements on the 
additional hours worked. 

21.1.8 Part-time Employees who work extra hours outside their ordinary hours in either 
another Unit or in a different position from the one that they are contracted for, 
will be paid the additional hours worked at the ordinary hourly rate of that 
position and accrue leave entitlements on the additional hours worked. 

 
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21.2 Up to 37.5 hours of Time in Lieu (TIL) can be accrued at any one time. An application 

which will take the TIL balance over 37.5 hours must be accompanied by a leave form 
with plans to reduce the balance. TIL can be directed to be taken at the Manager’s 
request if the Employee is unable to appropriately manage reducing the TIL balance. 
TIL is not a bank of leave stored for use at a later date rather than using annual leave. 
TIL is recognition of hours worked over and above normal working hours due to the 
particular requirement. Any unused TIL will not be paid out on resignation. 

21.3 Out of hours Meal Allowance 

The Employer will cover reasonable costs for meals and other unavoidable expenses 
related to work done out of hours. The aim is to cover the Employee for reasonable 
expenses that could not be avoided, or would not have incurred, had they not been 
required to work outside normal hours.  

 

 

 
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THE CANCER COUNCIL VICTORIA 
COLLECTIVE AGREEMENT NO. 1/2006 

 
PART 6—LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 

22. RECREATION LEAVE 

22.1 Leave Entitlement 

Every Employee other than a casual Employee shall be entitled to four weeks paid 
recreational leave for twelve months continuous service, to be taken at a time mutually 
convenient with his/her supervisor. 

22.1.1 Employees who are employed on a part-time basis shall receive their recreation 
leave entitlements on a pro-rata basis. 

22.2 Broken Service 

In determining the entitlement of an Employee to annual leave, there shall not be 
regarded as service any periods where the Employee was absent without pay. There 
shall be included, however, all periods of paid leave and any public holidays taken. 

22.3 Public Holidays 

An Employee’s leave entitlement shall be in addition to any of the Public Holidays 
prescribed by this Agreement. 

22.4 Leave to be Taken 

Each Employee will plan to take leave so that their leave balance is contained within the 
normal limit of twenty (20) days. However, no Employee shall accumulate more than 
forty (40) days at any given time during a calendar year (pro-rata for part-time 
Employees). If an Employee has more than 40 days accrued leave and is unwilling to 
negotiate a time to take the leave then a Manager can direct the Employee to take no 
more than ¼ of the accrued leave. Failure to take leave as directed would be considered 
in breach of a reasonable request and would be considered grounds for disciplinary 
procedures. 

22.5 No payment shall be made or accepted in lieu unless on termination or resignation. 

22.6 Proportionate Leave on Termination 

Any Employee who leaves the employment of the Employer after having given the 
prescribed period of notice or whose services are terminated (or the Employee’s legal 
representative in the case of the death of the Employee) shall be paid an amount 
calculated on the basis of 1/12th of an ordinary week’s pay in respect of each completed 
five working days of continuous service with the Employer, for which leave has not 
previously been granted. 

22.7 Leave Loading 

In addition to ordinary rates as prescribed in Part 4 a loading of 17.5% ordinary rates 
shall be paid for the period of recreation leave. 

23. ADDITIONAL LEAVE 

 
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23.1 Notwithstanding any other provision of this Agreement, an Employee may, with the 

agreement of the Unit Head, work either a 48/52, 49/52, 50/52 or 51/52 year. This 
would enable an Employee, in a year, to work for between 44 and 48 weeks, take the 
normal 4 weeks accrued recreation leave as well as the additional leave.  

23.2 Where the Unit Head and an Employee agree to a reduction in the number of working 
weeks the Employee will work and receive additional leave as follows: 

• 48/52 year – work 44 weeks, take accrued 4 weeks recreation leave and 4 
weeks additional leave. 

• 49/52 year – work 45 weeks, take accrued 4 weeks recreation leave and 3 
weeks additional leave. 

• 50/52 year – work 46 weeks, take accrued 4 weeks recreation leave and 2 
weeks additional leave. 

• 51/52 year – work 47 weeks, take accrued 4 weeks recreation leave and 1 
weeks additional leave. 

23.3 The Employee will receive a salary equal to the period worked plus the accrued 4 weeks 
recreation leave (eg. 44 weeks work plus 4 weeks leave – 48/52), which will be paid 
over the 52 week period. 

23.3.1 Access to this entitlement may only be granted on application from an Employee 
and cannot be required as a precondition for employment. 

23.4 Approval to this entitlement will be given by the Unit Head on the basis that the 
operational needs of the Unit are being met. This commits the Employee to continue on 
this basis for a year at a time and also requires that all recreation leave and additional 
leave that accrue during the approved 12-month period be taken during this year. 

23.5 A Unit Head may grant an Employee access to this entitlement from any date during a 
year but for not less than a year at any one time. 

23.6 A Unit Head may approve this entitlement for a maximum period of one year at a time. 
Access to this entitlement in subsequent or future years may only be granted on 
submission of a further application from an Employee that is approved by the Unit 
Head. 

23.7 Previously accrued personal/carer’s leave and long service leave by the Employee shall 
remain unchanged.  

23.8 The amount of compulsory Employer superannuation and Annual Leave Loading paid 
to each Employee will be calculated against the reduced gross salary received during the 
year. 

23.9 The Unit Head will endeavour to accommodate Employee requests for arrangements 
under this clause, and where such requests are granted will make proper arrangements to 
ensure that the workloads of other Employees are not unduly affected and that excessive 
work outside ordinary hours  is not required to be performed by other Employees as a 
result of these arrangements. 

 
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23.10 Subject to Clause 23.6, an Employee will revert to ordinary 52 week employment at 

the end of the 12-month period.  

24. PERSONAL/CARER’S LEAVE 

24.1 Every Employee other than a casual Employee is entitled to 10 days paid 
personal/carer’s leave per annum. 

24.2 Employees who are employed on a part-time basis shall receive their paid 
personal/carer’s leave entitlements on a pro-rata basis 

24.3 Paid personal/carer’s leave is cumulative. 

24.4 Employees may use paid personal/carer’s leave for: 

24.4.1 sick leave:  leave because of personal illness or injury of the Employee; or 

24.4.2carer’s leave:  leave to provide care or support to a member of the Employee’s 
immediate family or household required on account of personal illness or injury, 
or unexpected emergency. 

24.5 For the purpose of this clause, the Employee’s “immediate family” means: 

24.5.1 the Employee's spouse (including the Employee's former spouse, de facto spouse 
and 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, although not legally married to the Employee; and 

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

24.6 After paid personal/carer’s leave is exhausted, Employees are entitled to 2 days unpaid 
carers leave on each occasion that a member of the Employee’s immediate family or 
household required care or support on account of personal illness or injury, or 
unexpected emergency. 

24.7 Where more than two consecutive days of sick leave is required, the Employee must 
provide: 

24.7.1 a medical certificate from a registered health practitioner, where practicable, 
stating the practitioner’s opinion that the Employee was, is, or will be unfit for 
work during that leave period because of a personal illness or injury; or 
otherwise 

24.7.2 a statutory declaration made by the Employee, stating that the Employee was, is, 
or will be unfit for work during that leave period because of a personal illness or 
injury. 

24.8 Where more than two consecutive days of carer’s leave is needed, the Employee must 
provide: 

 
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THE CANCER COUNCIL VICTORIA 
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24.8.1 a medical certificate from a registered health practitioner stating that a member 

of the Employee’s immediate family or household had, has, or will have a 
personal illness or injury during the period when leave is required; or 

24.8.2 a statutory declaration made by the Employee stating that the Employee requires 
(or required) leave to provide care or support required by a member of the 
Employee’s immediate family or household on account of personal illness or 
injury or an unexpected emergency. 

24.9 Where possible, the Employee should contact their immediate Manager by no later than 
9.00 am on a day that personal/carer’s leave is required to inform them of that 
requirement. 

24.10 Where an Employee has taken more than five (5) days of personal/carers leave within 
a calendar year without providing documentation, a Manager may require that any 
further personal/carers leave is to be accompanied by: 

24.10.1 in the case of sick leave, the documentation required by clause 24.7; 

24.10.2 in the case of carers leave, the documentation required by clause 24.8. 

24.11 If an Employee is going to be on personal/carers leave for longer than two (2) weeks, 
then an estimation of the expected duration of the absence must be documented in a 
letter from the registered health practitioner to the Human Resources Manager. 

25. INFECTIOUS DISEASES/SERIOUS ILLNESS  

25.1 Infectious Diseases Contact 

25.1.1 If an Employee is unable to attend for duty due to contact with a person suffering 
from an infectious disease, the Employer may grant the Employee special leave 
with pay. 

25.1.2 The Employee should furnish a medical report regarding the danger of the 
infectious disease and the time off work required. 

25.1.3 Upon receipt of the medical report, the Employer may direct the Employee to be 
absent from duty for a specified period or, if already on leave of absence, direct 
such Employee to continue on leave for a specified period, and the absence of 
such Employee shall be regarded as absence on leave owing to illness. 

25.2 Serious Illness Leave  

Where an Employee is diagnosed with a serious illness such as cancer, the Employer 
may grant a period of special leave with pay. 

26. COMPASSIONATE LEAVE 

26.1 Leave of absence of up to three (3) days on full pay shall be granted to an Employee on 
account of the death or serious illness of a member of the Employee’s immediate family 
or household or in any other case where, in the opinion of the Employer, special 
circumstances exist. 

 
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26.2 For the purpose of this clause, the Employee’s “immediate family” means: 

26.2.1 the Employee's spouse (including the Employee's former spouse, de facto spouse 
and 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, although not legally married to the Employee; and 

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

26.3 Where, in exceptional circumstances or in respect of a period not provided for above, 
the Employer is satisfied that, on account of pressing necessity, leave should be granted 
to an Employee, the Employer may grant such leave as he or she considers appropriate 
and on such terms and conditions as he or she sees fit. 

27. PARENTAL LEAVE 

27.1 Subject to the terms of this clause Employees are entitled to maternity, paternity and 
adoption leave. 

27.2 The provisions of this clause 27 apply to full-time, part-time and eligible casual 
Employees, but do not apply to other casual Employees. 

27.3 An “eligible casual Employee” means a casual Employee: 

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

(b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation 
of ongoing employment. 

27.4 For the purposes of this clause 27, “continuous service” is work for the Employer on a 
regular and systematic basis (including any period of authorised leave or absence). 

27.5 The Employee must not fail to re-engage a casual Employee because: 

(a) the Employee or Employee’s spouse is pregnant; or 

(b) the Employee is or has been immediately absent on parental leave. 

27.6 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 27. 

27.7 Definitions 

27.7.1 For the purpose of this clause “child” means a child of the Employee under 
school age or a child under school age who is placed with the Employee for the 
purposes of adoption, other than a child or step-child of the Employee or of the 
spouse of the Employee or a child who has previously lived continuously with 
the Employee for a period of six months or more. 

27.7.2 Subject to clause 27.7.3, in this clause 27, “spouse” includes a de facto or former 
spouse. 

 
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THE CANCER COUNCIL VICTORIA 
COLLECTIVE AGREEMENT NO. 1/2006 

 
27.7.3 In relation to clause 27.12, “spouse” includes a de facto spouse but does not 

include a former spouse. 

27.8 Basic entitlement 

27.8.1 After twelve months continuous service, parents are entitled to a combined total 
of 52 weeks paid  and unpaid parental leave on a shared basis in relation to the 
birth or adoption of their child. For females, maternity leave may be taken and 
for males, paternity leave may be taken. Adoption leave may be taken in the case 
of adoption. 

27.9 Maternity leave 

27.9.1 A female Employee who has 12 months continuous service will be entitled to: 

(a) A 12 week continuous period of paid maternity leave to be taken in 
connection with the birth of her baby either before and/or after the birth. 

(b) If she is the primary care giver, she will be entitled to a further period of 40 
weeks unpaid leave less any parental leave taken by her spouse. The total 
period of paid and unpaid leave must not exceed 52 weeks. 

(c) If she does not qualify for paid maternity leave, she will be entitled to take 
up to 52 weeks unpaid maternity leave.  

27.9.2 Subject to clause 27.10, parental leave is to be available to only one parent at a 
time, in a single unbroken period, except that both parents may simultaneously 
take: 

(a) for maternity and paternity leave, an unbroken period of up to one week at 
the time of the birth of the child; 

(b) for adoption leave, an unbroken period of up to three weeks at the time of 
placement of the child. 

27.9.3 An Employee must provide notice to the Employer in advance of the expected 
date of commencement of parental leave. The notice requirements are: 

(a) of the expected date of confinement (included in a certificate from a 
registered medical practitioner stating that the Employee is pregnant) – at 
least ten weeks; 

(b) of the date on which the Employee proposes to commence maternity leave 
and the period of leave to be taken – at least four weeks. 

27.9.4 When the Employee gives notice under clause 27.9.3(a) the Employee must also 
provide a statutory declaration stating particulars of any period of paternity leave 
sought or taken by her spouse and that for the period of maternity leave she will 
not engage in any conduct inconsistent with her contract of employment. 

27.9.5 An Employee will not be in breach of this clause if failure to give the stipulated 
notice is occasioned by confinement occurring earlier than the presumed date. 

 
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COLLECTIVE AGREEMENT NO. 1/2006 

 
27.9.6 Subject to clause 27.8.1 and unless agreed otherwise between the Employer and 

Employee, an Employee may commence parental leave at any time within six 
weeks immediately prior to the expected date of birth. 

27.9.7 Where an Employee continues to work within the six week period immediately 
prior to the expected date of birth, or where the Employee elects to return to 
work within six weeks after the birth of the child, the Employer may require the 
Employee to provide a medical certificate stating that she is fit to work on her 
normal duties. 

27.9.8 Where leave is granted under clause 27.9, during the period of leave an 
Employee may return to work at any time, as agreed between the Employer and 
the Employee. 

27.10 Special maternity leave 

27.10.1 Where the pregnancy of an Employee not then on maternity leave terminates 
within 28 weeks of the expected birth other than by the birth of a living child, 
then the Employee may take unpaid special maternity leave during the period 
in which a medical practitioner certifies that she is unfit for work. 

27.10.2 Where an Employee is suffering from an illness not related to the direct 
consequences of the confinement, an Employee may take any paid sick leave 
to which she is entitled in lieu of, or in addition to, special maternity leave. 

27.10.3 Where an Employee not then on maternity leave suffers illness related to her 
pregnancy, she may take any paid sick leave to which she is then entitled and 
such further unpaid special maternity leave as a registered medical practitioner 
certifies as necessary before her return to work. The aggregate of paid sick 
leave, special maternity leave and parental leave, including parental leave 
taken by a spouse, may not exceed 52 weeks. 

27.11 Paternity leave 

27.11.1 A male Employee who has 12 months continuous service will be entitled to: 

(a) The equivalent of one weeks paid paternity leave to be taken in connection 
with the birth of a child he has accepted responsibility, to be taken either 
before and/or after the birth. 

(b) If he is the primary care giver, he will be entitled to a further period of 51 
weeks unpaid leave less any parental leave taken by his spouse.  The total 
period of paid and unpaid leave must not exceed 52 weeks. 

27.11.2 An Employee will provide to the Employer at least ten weeks prior to each 
proposed period of paternity leave, with: 

(a) a certificate from a registered medical practitioner which names his spouse, 
states that she is pregnant and the expected date of confinement, or states 
the date on which the birth took place; and 

(b) written notification of the dates on which he proposes to start and finish the 
period of paternity leave; and 

 
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COLLECTIVE AGREEMENT NO. 1/2006 

 
(c) except in relation to leave taken simultaneously with the child’s mother 

under clause 27.9.2(a), a statutory declaration stating:  

(i) he will take that period of paternity leave to become the primary 
care-giver of a child; 

(ii) particulars of any period of maternity leave sought or taken by his 
spouse; and 

(iii) that for the period of paternity leave he will not engage in any 
conduct inconsistent with his contract of employment. 

(d) The Employee will not be in breach of clause 27.11.2 hereof if the failure 
to give the required period of notice is because of the birth occurring earlier 
than expected, the death of the mother of the child, or other compelling 
circumstances. 

27.12 Adoption leave 

27.12.1 If an Employee is adopting a child and has at least 12 months continuous 
paid service, he or she will be entitled to  

(a) 12 weeks paid adoption leave in connection with the adoption if the 
Employee is to become the primary care-giver of the child; or 

(b) 1 week paid and 2 weeks unpaid adoption leave at the time of the 
placement if the Employee is to become the secondary care-giver of the 
child. 

If the Employee is the primary care giver he or she will be entitled to a further 
period of unpaid leave provided that the total period of paid and unpaid 
parental leave taken by the Employee and the Employee’s spouse do not 
exceed 52 weeks.  

27.12.2 The Employee will notify the Employer at least ten weeks in advance of the 
date of commencement of adoption leave and the period of leave to be taken. 
An Employee may commence adoption leave prior to providing such notice, 
where through circumstances beyond the control of the Employee, the 
adoption of a child takes place earlier. 

27.12.3 Before commencing adoption leave, an Employee will provide the Employer 
with a statutory declaration stating: 

(a) except in relation to leave taken simultaneously with the child’s other 
adoptive parent under clause 27.9.2(b), that the Employee is seeking 
adoption leave to become the primary care-giver of the child; 

(b) particulars of any period of adoption leave sought or taken by the 
Employee’s spouse; and 

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

 
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27.12.4 The Employer may require an Employee to provide confirmation from the 

appropriate government authority of the placement. 

27.12.5 Where the placement of the child for adoption with an Employee does not 
proceed or continue, the Employee will notify the Employer immediately and 
the Employer will nominate a time not exceeding four weeks from receipt of 
notification for the Employee’s return to work. 

27.12.6 An Employee will not be in breach of this clause as a consequence of failure 
to give the stipulated periods of notice if such failure results from a 
requirement of an adoption agency to accept earlier or later placement of a 
child, the death of a spouse, or other compelling circumstances. 

27.12.7 An Employee seeking to adopt a child is entitled to unpaid leave for the 
purpose of attending any compulsory interviews or examinations as are 
necessary as part of the adoption procedure.  The Employee and 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 days unpaid 
leave.  Where paid leave is available to the Employee, the Employer may 
require the Employee to take such leave instead. 

27.13 Right to request 

27.13.1 An Employee entitled to parental leave pursuant to the provisions of clause 
27.8.1 may request the Employer to allow the Employee to return from a 
period of parental leave on a part-time basis. 

27.13.2 The Employer shall consider the request having regard to the Employee’s 
circumstances and, provided the request is genuinely based on the 
Employee’s parental responsibilities, may only refuse the request on 
reasonable grounds related to the effect on the workplace or the Employer’s 
business. Such grounds might include cost, lack of adequate replacement 
staff, loss of efficiency and the impact on customer service. 

27.13.3 The Employee’s request and the Employer’s decision must be recorded in 
writing. 

27.13.4 Where an Employee wishes to make a request, the request must be made as 
soon as possible but no less than seven weeks prior to the date upon which 
the Employee is due to return to work from parental leave. 

27.14 Variation of period of parental leave 

Where an Employee takes parental leave, unless otherwise agreed between the 
Employer and Employee, an Employee may apply to their Employer to change the 
period of parental leave on one occasion. Any such change is to be notified as soon as 
possible but no less than four weeks prior to the commencement of the changed 
arrangements. Nothing in this clause detracts from the basic entitlement to parental 
leave. 

27.15 Parental leave and other entitlements 

 
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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. 

27.16 Transfer to a safe job 

27.16.1 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 her present work, the Employee will, if the 
Employer deems it practicable, be transferred to a safe job at the rate and on 
the conditions attaching to that job until the commencement of maternity 
leave. 

27.16.2 If the transfer to a safe job is not practicable, the Employee may elect, or the 
Employer may require the Employee to commence paid leave for such period 
as is certified necessary by a registered medical practitioner or which ends 
the day before the end of the pregnancy (whichever is the shorter).  This 
leave is in addition to any other leave entitlement.  

27.17 Returning to work after a period of parental leave 

27.17.1 An Employee will notify of their intention to return to work after a period of 
parental leave at least four weeks prior to the expiration of the leave. 

27.17.2 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 27.16.1, the Employee will be entitled to 
return to the position they held immediately before such transfer. 

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

27.18 Replacement Employees 

27.18.1 A replacement Employee is an Employee specifically engaged or temporarily 
promoted or transferred, as a result of an Employee proceeding on parental 
leave. 

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

27.19 Communication during Parental leave 

27.19.1 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: 

 
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(a) make information available in relation to any significant effect the 

change will have on the status or responsibility level of the position the 
Employee held before commencing parental leave; and 

(b) 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. 

27.19.2 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. 

27.19.3 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 27.19.1. 

27.20 Leave accrual 

27.20.1 Leave granted under this clause shall be included as service for the purpose 
of recreation, personal/carers and long service leave. 

27.20.2 The maximum period to count as service for the purposes of recreation leave, 
personal/carers leave and long service leave is 26 weeks. 

28 LONG SERVICE LEAVE 

28.1 Entitlement to Leave 

28.1.1 An Employee who has completed 10 years continuous service shall be entitled to 
long service leave with pay. 

28.1.2 Up to and including 31 December 2003 an employee has accrued credit towards 
a long service leave entitlement at the rate of 5 days per year (adjusted on a pro-
rata basis for periods of less than full-time service). On completion of 10 years 
continuous service, an Employee had accrued an entitlement to 10 weeks leave. 
Further, for each additional five years continuous service completed, an 
Employee had accrued an additional entitlement to a further 5 weeks long 
service leave with pay. 

28.1.3 From 1 January 2004, an Employee accrues credit towards a long service leave 
entitlement at the rate of 6.5 days per year (adjusted on a pro-rata basis for 
periods of less than full-time service). On completion of 10 years continuous 
service at this rate of accrual, an Employee will accrue an entitlement to 13 
weeks leave. Further, for each additional five years continuous service 
completed, an employee will accrue an additional entitlement to a further 6.5 
weeks long service leave with pay. 

28.1.4 An Employee who with not less than 7 completed years of continuous service 
resigns or whose services are terminated shall receive payment of a sum 

 
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representing pay in lieu of long service leave with pay, less any long service 
leave already taken. 

28.1.5 Any public holiday that occurs during the period of long service leave shall not 
be regarded as part of the leave. The Employer shall grant to the Employee a day 
off in lieu. 

28.2 Definition of Continuous Service 

To be eligible for long service leave, the Employee must have 10 years of continuous 
service with the Cancer Council. For the purposes of determining continuous service, 
the following are not considered to break continuity of employment: 

28.2.1 Any period of paid or unpaid leave; 

28.2.2 Any period on WorkCover for which accident make up payments are made, for a 
maximum of 12 months; 

28.2.3 Termination of employment by the Employer if the Employee is re-employed as 
either a Limited Tenure or Continuing Employee within a period not exceeding 3 
months from the date of the termination; 

28.2.4 The absence of a casual Employee for a period of: 

(a) no more than 3 months between engagements by the Employer; 

(b) more than 3 months between engagements by the Employer due to the 
terms of the engagement. 

28.2.5 Any absence from work of a woman due to pregnancy, for a period not 
exceeding 12 months; 

28.2.6 Any period of leave approved under Clause 27, Parental Leave; 

28.2.7 Such other leave as the Employer may determine in a particular case. 

28.3 Continuous Service When Long Service Leave Entitlements Accrue 

Not all periods of service counted as continuous service described in Clause 28.2 are 
the type of service which allows long service leave entitlements to accrue. The 
following absences are periods of continuous service in which long service leave 
entitlements accrue: 

28.3.1 any period of leave with pay including leave due to war disabilities; 

28.3.2 unpaid sick leave up to a maximum of 48 weeks in a year; 

28.3.3 unpaid carer’s leave up to a maximum of 26 weeks; 

28.3.4 leave of absence granted under Clause 27, Parental Leave, up to a maximum of 
26 weeks; 

28.3.5 any period of WorkCover for which accident make up payments are made, for a 
maximum of 12 months; 

28.3.6 such other leave as the Employer may determine in a particular case. 

28.4 Continuous Service When Long Service Leave Entitlements do not Accrue 
 

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Normally, long service leave entitlements do not accrue for any extended period where 
the Employee has not received a salary. Long service leave entitlements do not accrue 
during the absences listed below. Normally, the Employee is not in receipt of a salary 
during these absences: 

28.4.1 any periods of unpaid leave unless specified in Clause 28.4; 

28.4.2 periods off duty arising, either directly or indirectly, from an industrial dispute; 

28.4.3 termination of employment by the Cancer Council if the Employee is re-
employed within a period no greater than 3 months from the date of such termination; 

28.4.4 leave of absence granted under Clause 27, Parental Leave, in excess of 26 
weeks; 

28.4.5 absence on WorkCover in excess of 12 months. 

28.5 Any periods of long service for which leave has been taken or pay in lieu made shall be 
used for the purposes of calculating service, but no further payment can be made or 
leave taken with respect to those periods. 

28.6 Recognition of Prior Service 

28.6.1 Except where continuity of service is unbroken, as described in Clause 28.2, 
prior service with the Cancer Council shall not be recognised in the calculation 
of long service leave. 

28.6.2 Periods of prior service with any other organisation shall not be recognised for 
the purposes of calculating long service leave entitlements. 

28.7 Taking of Long Service Leave 

28.7.1 Long Service Leave shall be taken at times which are convenient to the needs of 
the Employer but as far as is practicable the wishes of the Employee shall be 
considered when fixing the time for taking of leave.  

28.7.2 At the request of the Employee and on the basis that the operational needs of the 
Unit will be met, the Unit Head may approve that the whole or part of long 
service leave is taken at half pay. 

28.7.3 When an Employee has an accrued long service leave entitlement of fifteen (15) 
weeks, he or she must, within three (3) months, make arrangements with the Unit 
Head, to take part or all of that leave. 

28.7.4 No Employee shall accumulate more than 19.5 weeks (for employed on a part-
time or fractional basis, the number of weeks will be calculated on a pro-rata 
basis) long service leave entitlement. 

28.8 Payment of Long Service Leave 

28.8.1 Long Service Leave granted with pay shall be paid at the Employee’s ordinary 
rate of pay, as defined in Clause 16 & Schedule 1. 

 
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28.8.2 Provided that where the length of service includes periods of less than full-time 

service, calculation and payment of such periods of service shall be on a pro-rata 
basis. 

28.8.3 Long service leave shall be payable fortnightly/monthly except that on request of 
the Employee and with the agreement of the Employer the amount be paid in a 
lump sum at the commencement of the leave. 

28.8.4 Payment to an Employee during long service leave shall be adjusted to include 
any variation in salary, which occurs during the leave period. 

29. COMMUNITY SERVICE 

29.1 Emergency Service 

Employees who are registered members of a volunteer organisation who wish to respond 
to a declared emergency situation may be released from their normal duties without loss 
of salary to participate in firefighting, flood relief or other emergency activity. Provided 
that: 

29.1.1 Release for volunteer activity is subject to no undue inconvenience being caused 
to the Employer; 

29.1.2 Satisfactory evidence is provided of an Employee’s bona fide involvement in the 
emergency activity. 

29.2 Leave granted under this clause shall be included as service for the purpose of 
recreation, personal/carer’s leave and long service leave. 

29.3 Jury Service 

An Employee required under the Juries Act 2000 to appear and serve as a juror in any 
court shall be entitled to be granted leave with pay for the period of required attendance 
at court. Fees received for jury service shall be paid to the Employer. 

29.4 Court attendance 

An Employee required to appear in court as a crown witness, or required and/or granted 
leave to attend in an official capacity, as a consequence of or in connection with his or 
her employment, to give evidence or to produce papers in any court, shall be granted 
leave without loss of pay for the period of required attendance. Fees received for the 
performance of official duty shall be paid to the Employer. 

29.5 To obtain approval for leave under this clause, a leave application must be supported by 
a notification that the Employee is required to attend. 

29.6 Leave granted under this clause shall be included as service for the purpose of 
recreation, personal/carers and long service leave. 

30. PUBLIC HOLIDAYS 

 
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30.1 An Employee, other than a casual, shall be entitled to the following holidays without 

loss of pay. Part-time Employees shall only be paid for public holidays which fall on 
days on which the part-time Employee would normally work. 

30.1.1 New Year’s Day, Australia Day, Labour Day, Anzac Day, Good Friday, Easter 
Saturday, Easter Monday, Queen’s Birthday, Melbourne Cup Day, Christmas 
Day, and Boxing Day. 

30.1.2 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be 
observed on 27 December. 

30.1.3 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be 
observed on 28 December. 

30.1.4 When New Year’s Day or Australia Day is a Saturday or a Sunday, a holiday in 
lieu thereof shall be observed on the next Monday. 

30.2 If, in the State of Victoria, public holidays are declared or prescribed on days other than 
those set out above, those days shall constitute additional holidays for the purposes of 
this agreement. 

30.3 Another day may be substituted for any prescribed in this clause, by agreement between 
the parties. 

30.4 Christmas Closure 

The Cancer Council Victoria is generally closed from Christmas Day through to New 
Year’s Day each year. Those Employees not required to work during this period shall 
be required to take recreation leave or accrued time in lieu for those days which are 
not public holidays. For new Employees only who have not accrued sufficient 
entitlements then leave without pay will be granted. 

31. STUDY LEAVE 

31.1 The Employer may grant to any Employee part-time leave of absence with pay of up to 
four (4) hours per week for the purpose of acquiring a qualification or studying a course 
or part of a course or attending lectures and/or exams. 

31.2 Employees are eligible to apply for study leave, providing they are full-time Continuing 
Tenure employees; or they are Limited Tenure Employees with at least 12 months 
service and at least a further 12 months appointment in prospect; and they have 
completed their probationary period. Part-time Employees are eligible for pro-rata study 
leave. Casual Employees are not eligible for any study benefits. 

31.3 To be eligible for study leave, a course of study must be relevant to the Employee’s 
position (or approved for future ambitions), and have the ability to enhance the 
knowledge, skills and/or expertise of the Employee. It is the responsibility of the Unit 
Head to determine whether or not a course of study meets these requirements in order 
for an Employee to have entitlement to this provision. 

 
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31.4 In exceptional circumstances, the Employer may grant leave of absence either without 

pay or upon the condition that leave of absence will be offset by the performance of 
duties by the Employee outside working hours. 

31.5 Financial support for external study is a discretionary investment on the part of The 
Cancer Council Victoria. It is not an Employee entitlement. The level of financial 
support is based on the relevance of the course to the applicant’s current or future work 
at the Cancer Council, and on a balanced assessment of competing demands to invest 
available funds in other Employees or in other forms of training and development. If the 
Employee wants to enrol in a course of study that involves study leave or fee 
reimbursement, prior approval must be obtained from the Supervisor/Unit Head. 

31.6 In all cases, Employees must make satisfactory progress with their studies. The 
Employer may require evidence of satisfactory progress to be produced at any time 
during the period of study leave. 

31.7 The above study leave and financial support arrangements do not apply to a student 
employed to complete a Doctorate of Philosophy. In those cases leave and financial 
support are governed by the contract of employment between the Cancer Council and 
the student. 

32. MILITARY SERVICE SICK LEAVE 

32.1 Where the Employer is satisfied that an illness of an Employee with at least six months 
continuous paid service is directly attributable to, or is aggravated by, service recognised 
under the Veterans’ Entitlements Act 1986, including: 

32.1.1 operational service; or 

32.1.2 peacekeeping service; or  

32.1.3 hazardous service, 

the Employee shall, apart from any sick leave which may be standing to the 
Employee’s credit, be credited with 15 days’ special sick leave with full pay in 
respect of such service. 

32.2 For each period of military service sick leave taken, the Employee must satisfy the same 
evidentiary requirements as specified in clause 24.7. 

33. LEAVE WITHOUT PAY 

33.1 The Employer may, for special reasons, grant an Employee leave of absence without 
pay for any period not exceeding twelve months. This twelve month maximum period is 
inclusive of leave granted for other reasons such as recreation leave or long service 
leave. 

33.2 Approval for a period of leave without pay is at the discretion of the Unit Head and 
approval shall be based on suitable alternative staffing arrangements that meet the 
operational requirements of the Unit. 

 
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33.3 Leave of absence granted under this clause shall not be counted as service for the 

purpose of assessing recreation leave, personal/carers leave and long service leave. 

33.4 Any period of leave without pay will not break continuity of service in relation to 
assessing long service leave (see Clause 28). 

33.5 Leave without pay will not be granted unless all other paid entitlements of annual leave, 
time in lieu and long service leave have been exhausted. 

34. CULTURAL AND CEREMONIAL LEAVE 

34.1 Employees of Aboriginal or Torres Strait Islander descent shall be entitled to leave 
without pay up to five days in each calendar year for cultural purposes. 

34.2 Cultural leave will not accumulate year-to-year. 

34.3 Ceremonial leave without pay may be granted, with approval of the Employer, to an 
Employee of Aboriginal or Torres Strait Islander descent for ceremonial purposes: 

34.3.1 Connected with the death of a member of the immediate family or extended 
family; or 

34.3.2 For other ceremonial obligations under Aboriginal and Torres Strait Islander 
law. 

34.4 The maximum period of ceremonial leave that may be granted to an Employee is 10 
days in any period of two years and is not cumulative. 

34.5 The members of an Aboriginal or Torres Strait Islander’s family include but are not 
limited to, partner, parent, parent of partner, grandparent, grandparent of partner, 
brother, sister, brother-in-law, sister-in-law, aunt, uncle, cousin, guardian, foster parent, 
step parent, step brother, step sister, half brother, half sister, child, foster child, step 
child, nephew, niece, or other important family and community member. 

35. RELIGIOUS LEAVE 

35.1 Any Employee is entitled to take either recreation leave or leave without pay to observe 
religious holy days. As an alternative, subject to approval from the Unit Head, an 
Employee may arrange to work additional hours to make up for the time taken observing 
a religious holy day. 

 

 
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PART 7 - TRAINING AND DEVELOPMENT 

36. TRAINING AND DEVELOPMENT 

36.1 The Cancer Council Victoria is committed to the development of a skilled and 
motivated workforce. Staff development is seen as a vital aspect of the growth and 
effectiveness of both the individual Employee and The Cancer Council Victoria as a 
whole. 

36.2 Attendance at a training course authorised by the Employer will be regarded as being on 
duty. The Employer will pay for or reimburse the cost of fees and legitimate reasonable 
expenses. 

 

 
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PART 8—TRANSFERS TRAVELLING AND WORKING AWAY FROM, USUAL 
PLACE OF WORK 

37. EXCESS TRAVELLING TIME 

37.1 An Employee who is directed to work temporarily at a location other than their normal 
place of employment shall be given time off during official working hours in respect of 
any period of excess travelling time incurred in travelling to and from this temporary 
location; provided that journeys involving less than 30 minutes of excess time are not 
taken into account. 

38. PERSONAL EXPENSES 

38.1 Travel and Accommodation 

Where the Employer requires an Employee to be absent overnight or for part of the day, 
the Employee shall be eligible to receive payment for travelling, accommodation and 
other incidental expenses necessarily and reasonably incurred while travelling on Cancer 
Council business. A tax invoice or receipt must be provided. 

38.2 Expenses for international travel must be reported in foreign currency and converted to 
Australian dollars on an Expenses Claim Form. The exchange rate in effect at the time 
of travel shall be applied. 

38.3 If approved, cash advances for amounts equal to estimated expenses for the business trip 
are available. Should the agreed sum not meet the costs incurred, payments may be 
made in advance to a total sum agreed by the Employee and the Employer subject to 
adjustment. 

39. USE OF PRIVATE MOTOR VEHICLE 

39.1 The Employer aims to provide transport for work-related travel where necessary. The 
Cancer Council provides adequate resources through a Pool Car, Unit Cars, Cabcharge 
vouchers and Hire Cars to avoid Employees having to use their own car. Utilisation of 
an Employee’s own car should be a last resort. 

39.2 An Employee may use their private motor vehicle for work-related travel only with the 
approval of their Unit Head. Before using a private vehicle for work purposes an 
Employee must: 

39.2.1 check the availability of a Unit or Pool Car; 

39.2.2 consider the use of Cabcharge vouchers; 

39.2.3 consider the option of hiring a car. 

39.3 The driver must have a current Driver’s Licence before the Cancer Council authorises 
the use of their private vehicle (copies are held in Human Resources). 

39.4 A car usage rate is payable to the owner of the approved private vehicle which covers 
the average cost of running a car during a year on a pro rata basis. This rate is reviewed 
annually. 

 
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39.5 No Employee shall be disadvantaged if approval to use their private motor vehicle is not 

given or if they do not wish to provide their own vehicle for work related travel. 

 
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PART 9— WORKPLACE SAFETY 

40. ACCIDENT MAKE-UP PAY 

40.1 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 Accident 
Compensation Act 1985, the Employee will, except where otherwise provided in clause 
40.2 below, be entitled to accident make-up pay equivalent to his or her normal salary 
less the amount of weekly compensation payments. 

40.2 Payment – maximum entitlement  

40.2.1 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, unless 
employment ceases. 

40.2.2 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 when employment ceases or 
when the benefits payable under the Accident Compensation Act 1985 cease. 

40.2.3 The Employer may grant the Employee leave without pay where an entitlement 
to accident make-up pay has ended. 

41. REHABILITATION 

41.1 The Employer is committed to ensuring that injured workers have every opportunity to 
return to their maximum working capabilities and that injured workers and management 
are educated as to the process and benefits of rehabilitation. 

42. OCCUPATIONAL HEALTH AND SAFETY 

42.1 The parties acknowledge that the Employer and the Employees have obligations under 
the Occupational Health and Safety Act 2004 (Vic). 

43. EMPLOYEE ASSISTANCE PROGRAM 

43.1 The Employer recognises that the social, physical and psychological well-being 
ofEmployees is important for the maintenance of a healthy work environment. 

43.2 The Employer provides access to an Employee Assistance Program to all Employees 
and their families. 

43.3 The Employee Assistance Program is independent of the Employer.  It provides 
confidential telephone and off-site professional counselling. 

44. WORKPLACE HARASSMENT, DISCRIMINATION AND BULLYING 

44.1 The Employer is committed to providing a workplace for all its Employees and 
volunteers that is free from discrimination, harassment, bullying and victimisation. 

44.1.1 Harassment is any uninvited, unwelcome behaviour, which a reasonable person 
could anticipate would create intimidation, humiliation or offence for the other 

 
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person(s) in those particular circumstances. It may be directed at an individual or 
group on the basis of attributes covered under legislation, including (but not 
limited to) physical contact, verbal comments, mockery, “roughing up”, rumours 
and sexual innuendo. Harassment can be aggravated by power imbalance, as 
when a supervisor subjects a subordinate to harassment. 

44.1.2 Discrimination is the unfair or unequal treatment of an individual on the basis of 
one or more attributes, including (but not limited to) age, gender, marital status, 
disability, pregnancy or race. Discrimination can be direct or indirect. 

44.1.3 Workplace bullying is repeated, unreasonable behaviour directed towards an 
Employee that creates a risk to health and safety. The types of behaviour, where 
repeated or occurring as part of a pattern of behaviour, could include (but are not 
limited to) verbal abuse, intimidation, assigning impossible tasks, constant 
criticism, withholding information or the spreading of rumours. 

44.1.4  Victimisation means subjecting or threatening to subject a person to any 
detriment because that person, or a person associated with that person has, or 
intends to, exercise their rights under equal opportunity laws. 

44.2 The Cancer Council Victoria has programs in place to educate its managers, Employees 
and volunteers as to the nature and affects of discrimination, harassment and bullying to 
inform them of their rights and responsibilities. 

44.3 It is the intention of the parties to this agreement to achieve the principal object in s.3 
(m) of the Workplace Relations Act 1996 through respecting and valuing the diversity of 
the workforce by helping to prevent and eliminate discrimination on the basis of race, 
colour, sex, sexual preference, age, physical or mental disability, marital status, family 
responsibilities, pregnancy, religion, political opinion, national extraction or social 
origin. 

44.4 Accordingly, in fulfilling their obligations under the Disputes and Grievance procedures, 
the parties must make every endeavour to ensure that neither the agreement provisions 
nor their operation are directly or indirectly discriminatory in their effects. 

44.5 Nothing in this clause is to be taken to affect: 

44.5.1 Any different treatment (or treatment having different effects) which is 
specifically exempted under the Commonwealth anti-discrimination legislation. 

44.5.2 An Employee, Employer or registered organisation, pursuing matters of 
discrimination in any State or Federal jurisdiction, including by application to 
the Human Rights and Equal Opportunity Commission. 

 

 

 
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PART 10— MISCELLANEOUS 

45. FACILITIES, EQUIPMENT AND ACCOMMODATION 

45.1 The Employer shall provide employees with all necessary instruments, equipment, tools, 
stationery and furniture for carrying out their work except as otherwise agreed between 
the parties to this agreement. 

45.2 The Employer shall provide in easily available locations first aid equipment adequate for 
the nature of the Employee’s duties. 

46. AVAILABILITY 

46.1 A copy of this Agreement and any agreement made in relation to it shall be kept in an 
easily accessible place within each department and be available for inspections at any 
time by persons subject to it. 

46.2 A copy of this Agreement shall be issued to all new Employees with their official letter 
of offer. 

46.3 These documents will also be available for viewing on The Cancer Council Victoria’s 
Intranet site. 

47. JOINT CONSULTATIVE COMMITTEE 

47.1 The parties to this Agreement are committed to ensuring that effective communication 
exists between Employer and Employees.  The Joint Consultative Committee (JCC) will 
facilitate this by providing a forum for discussing employment-related matters of 
interest or concern to the Cancer Council’s Employees. 

47.2 Membership of the JCC will at least comprise: 

47.2.1 Four senior representatives of the Employer; 

47.2.2 Four elected members who are Employees; 

47.3 The JCC has the power to nominate additional members to the JCC. 

47.4 The JCC shall be able to consider any matters relating to the implementation of this 
Agreement. 

47.5 The JCC will meet on set meeting dates, although other meetings may be called to deal 
with specific issues. The JCC shall appoint a secretary who will prepare and circulate 
(during working hours) agendas and minutes. 

47.6 JCC Staff representatives shall: 

47.6.1 Have the authority to convene general staff meetings, to distribute relevant 
information and consult with Employees (during working hours) as necessary in 
the performance of their roles as JCC Staff representatives; 

 

 
p46 








THE CANCER COUNCIL VICTORIA 
COLLECTIVE AGREEMENT NO. 1/2006 

 
47.6.2 Be recognised by senior representatives of the Employer and be granted access to 

senior representatives of the Employer empowered to make decisions as may be 
necessary; 

47.6.3 Be granted access to workplaces as necessary to carry out official functions; and 

47.6.4 Provide their section or unit head (or nominee) with as much advanced notice as 
possible regarding their actions. 

47.7 The Employer must not discriminate against members or former members of the JCC by 
reason of their activities as members of the JCC. 

47.8 JCC members will be provided with adequate support and training to carry out their 
function on the JCC. 

48. ACCRUED ENTITLEMENTS 

48.1 The commencement of this Agreement does not extinguish or reduce any entitlement 
accrued by an Employee prior to commencement unless: 

48.1.1 expressly required by this Agreement; or  

48.1.2 required by law. 

48.2 An accrued entitlement that continues under clause 48.1 may be enjoyed in accordance 
with the terms and conditions of this Agreement. 

49. PROTECTION FOR ACCREDITED REPRESENTATIVES 

49.1 An Employee shall not be dismissed or injured in his or her employment or have his or 
her employment altered to his or her prejudice, or be threatened with prejudicial or 
injurious treatment or with dismissal by reason of his or her status as an Accredited 
Representative of a union, engagement in lawful activities as an authorised 
representative of a union or on the basis of his or her membership of a union or 
participation in lawful union activities. 

49.2 The Employer shall not injure a person in his or her employment, or alter the terms or 
conditions of employment of a person to his or her prejudice on the basis of his or her 
membership of or participation in the lawful activities of a union. 

 

 
p47 








THE CANCER COUNCIL VICTORIA 
COLLECTIVE AGREEMENT NO. 1/2006 

 
Schedule 1 

 

SALARY FRAMEWORK  
AS AT 1 JANUARY 2006 

TOTAL EQUIVALENT PACKAGE VALUE 
 
 

BAND BAND 
STARTING 

POINT 

MARKET 
BENCHMARK 

TOP OF BAND 

A  $31,080  $34,530  $52,534 

B  $35,420  $39,350  $58,263 

C  $40,430  $44,920  $65,300 

D  $46,960  $52,180  $74,077 

E  $55,280  $61,420  $82,278 

F  $63,590  $74,810  $98,901 

G  $81,900  $96,350  $111,314 

 
 

p49 








THE CANCER COUNCIL VICTORIA 
COLLECTIVE AGREEMENT NO. 1/2006 

 

 
p50 

Schedule 2 

Work Level Descriptors 

 

 
 








 

      

31 January 2006 

Work Level Descriptors 
The Cancer Council of Victoria 

 

      

      

 








Work Level Descriptors The Cancer Council of Victoria 

 

Mercer Human Resource Consulting 

 

1

WORK LEVEL DESCRIPTOR – BAND A 
Band Profile 

Positions at this level are typically entry level positions whose work is task orientated and well defined.  Roles and their work outputs are closely 
supervised. 

Typical Work Level Features 

Expertise 

Positions typically require secondary school education, however a Year 12 level of education is not essential. Limited on-the-job training will be 
required in order to understand and apply work practices in the area.  Most tasks performed at this level require individuals to know what to do and 
how to do it with limited instruction.  Competency can be reached with minimum job experience.  Basic levels of numeracy and writing are typically 
required. 
Positions generally perform a task or group of inter-related tasks with a common theme. 
Basic communication skills are applied by positions at this level, usually to convey or receive factual information.  Interactions with others are often 
within the unit or with a defined and common group.   

Judgement 

Positions typically perform tasks in accordance with well established procedures or through application of standard tools or templates.  Work is 
regularly supervised. Problems are readily solved by following established procedures and applying basic principles.  Established rules or 
practices are set out in a clear manner to guide individuals where choice of action is required. 

Accountability 

Positions at this level are expected to maintain a system of accurate records, compile or produce routine information for relevant parties or 
respond to requests for defined service provision.  Positions tend to have little accountability as to how to provide the service or utilise the 
information gained.  Decisions on the type of service provided, how and when it will be delivered, and the applicable standards are prescribed 
through direction, precedent or defined practice. 

Characteristics of positions in the next band: 

Positions classified at the next band (B): 
 typically require more experience, vocational training or equivalent competence 
 are required to work with some supervision 
 have greater scope to determine how to achieve clearly defined outcomes. 

 








Work Level Descriptors The Cancer Council of Victoria 

 

Mercer Human Resource Consulting 

 

2

WORK LEVEL DESCRIPTOR – BAND B 
Band Profile 

Positions at this level are typically performing routine tasks generally in line with established procedures, with limited supervision.  Work requires 
some interpretation of data and/or analysis. 

Typical Work Level Features 

Expertise 
Positions at this level are required to gain knowledge through secondary education or equivalent combined with limited work experience and/or 
vocational training.   
Contacts are often outside the immediate work unit or are external to TCCV and the purpose of communication may be to identify needs and 
exchange information. 
Judgement 
Positions typically perform tasks in accordance with established procedures, as a result of structured training, with work often not closely 
supervised. Problems are readily solved by following established procedures and applying basic principles, although tasks to be done may be 
numerous and defined procedures may be extensive, requiring some interpretation and analysis of data. 
Established procedures and rules occasionally may not cover the situation faced. 
Accountability 
Positions have limited independence in achieving prescribed goals.  They may vary a number of tasks in the work plan process, although the 
required outcomes are typically clearly defined. 
Positions typically add value to the service through explaining and interpreting information as well as identifying patterns or anomalies to assist in 
maintaining the integrity of their work. 
 

Characteristics of positions in the next band: 
Positions classified at the next band (C): 
 typically require a Diploma, vocational training and/or extensive work experience 
 are required to choose between methods, techniques or processes for completing their work within established procedures, precedents and 

guidelines 
 balance priorities and modify processes when required 
 may supervise staff classified in Bands A and/or B. 

 








Work Level Descriptors The Cancer Council of Victoria 

 

Mercer Human Resource Consulting 

 

3

WORK LEVEL DESCRIPTOR – BAND C 
Band Profile 

Positions at this level are typically experienced roles, with the skills to perform a number of integrated tasks, although there are usually a well 
defined number of methods available.  Supervision of other staff may occur. 

Typical Work Level Features 

Expertise 
Positions at this level require the capability to apply advanced skills gained through a Certificate, Diploma, vocational training or extensive work 
experience. Positions typically require the capacity to understand client needs or technical requirements in order to apply advanced skills to 
instruct other staff, identify issues, measure compliance with policies/standards or modify standard office procedures. 
Positions call for the application of basic skills in communication usually to direct or supervise other staff, identify needs and convey factual 
information. Contacts may be outside the unit or TCCV. 
Judgement 
Positions operate in an environment where there are well-defined and limited number of methods, techniques or processes that may be used in 
completing the work and work is not closely supervised.  Positions are required to discriminate between limited courses of action to make 
decisions based on well-established procedures, precedents and guidelines.  There is typically a requirement to determine the work program 
within established priorities.   
Accountability 

Positions have some independence in achieving prescribed goals.  They balance day-to-day priorities, undertake investigations, modify 
processes, diagnose problems and initiate rectification.  Within defined guidelines, supervisory positions are able to plan work allocation.  
Positions are involved in identifying service standards, timelines, priorities, targets and then applying the appropriate operational procedure to 
meet these goals. 
 

Characteristics of positions in the next band: 
Positions classified at the next band (D): 
 typically require an advanced Diploma together with extensive vocational training/work experience 
 are required to discriminate between a variety of methods, techniques or processes for completing their work 
 are typically highly influential in respect to how the work undertaken by the role should be delivered, evaluated or improved. 

 








Work Level Descriptors The Cancer Council of Victoria 

 

Mercer Human Resource Consulting 

 

4

WORK LEVEL DESCRIPTOR – BAND D 
Band Profile 
Positions at this level typically require advanced skills and extensive experience in a particular discipline.  Work undertaken usually follows a 
sequence of events and requires research, analysis and problem solving, within well established boundaries.  Resolution of more complex 
problems without reference to a higher level may occur. 
Typical Work Level Features 

Expertise 
Positions typically require extensive experience combined with an advanced Diploma, in order to demonstrate expertise and competence within a 
particular discipline. Roles require detailed knowledge, complemented by applied practice in order to demonstrate high levels of accuracy and 
precision and may require a tertiary degree, or equivalent competence. 
Positions are engaged in a diverse range of possibly unrelated tasks within their unit, usually represented by a sequence of events with a common 
theme. 
Positions require communication skills to obtain the cooperation of others to comply with defined requirements.  Positions may provide information 
and advice to internal and external contacts on a course of action appropriate to their needs and consistent with TCCV’s policies and guidelines. 
Judgement 
Position objectives are clearly defined, although the role may choose from a range of processes or techniques to perform the work.  Scheduling, 
organising, researching, analysing, diagnosing, planning, and coaching are tasks typically undertaken by positions at this level.  Problem solving is 
required, however the choices are typically limited and operating policy generally guides appropriate action. 
Accountability 
Positions at this level are expected, where required, to modify or enhance operational practices within TCCV policy or regulatory guidelines.  They 
may certify the quality of work performed or the integrity of the information/service provided. 
Positions at this level may also be called upon to resolve more complex operational problems without reference to other colleagues, managers or 

external advisors.  Understanding and responding to client needs is a feature, with some independence as to how to achieve these goals. 
 

Characteristics of positions in the next band: 
Positions classified at the next band (E): 
 typically require a degree or equivalent qualification with at least 3 years of relevant work experience 
 are required to resolve problems where the range of options may be imprecise or where accepted practices or procedures occasionally do not 

cover the situation faced 
 provide sound advice and recommendations to others in relation to the evaluation, analysis and resolution of specific issues and subjects. 








Work Level Descriptors The Cancer Council of Victoria 

 

Mercer Human Resource Consulting 

 

5

WORK LEVEL DESCRIPTOR – BAND E 
Band Profile 
Positions at this level are typically solid professional roles with experience in applying a particular discipline.  Procedures and operational 
standards are defined, however positions identify opportunities for efficient work practices.  Roles typically provide sound advice and 
recommendations. 
Typical Work Level Features 

Expertise 
Positions are typically professional or technical roles requiring a degree or equivalent qualification plus some relevant work experience, or roles 
requiring significant subject matter knowledge, broad experience, skills and training. 
Communications could be both external and internal, including suppliers, counterparts in other units, subordinates, peers, management and 
external parties.  Positions are required to obtain the cooperation or assistance of others in the administration of well defined activities and/or to 
influence others in the achievement of set objectives.   Dealing sensitively with and/or considering a range of views, or gaining input from multiple 
contacts to reach agreement could be a feature of the role. 
Judgement 
Position objectives are clearly defined although a range of varied techniques, systems, methods or processes is available to perform the work and 
the range of options may be extensive.  More routine aspects of professional work would be performed at this level.  Positions are challenged by 
changing policies and practices, statutory requirements, market needs or technological demands requiring interpretation of policies and 
precedents in order to determine the most appropriate course of action and to identify opportunities for more efficient work practices. 
Accountability 

Positions at this level typically provide sound advice and recommendations which influence the decisions made by others, including supervisors 
and peers.  The advice provided is typically constrained by policy guidelines and professional standards and knowledge, particularly where it is 
provided directly to members of the public.  Positions are individually accountable within TCCV for the advice provided and often participate in the 
decision making process with respect to how the advice should be provided or used. 
 

Characteristics of positions in the next band: 
Positions classified at the next band (F): 
 are typically managerial, professional or technical roles that require a degree plus significant relevant work experience 
 are required to solve complex problems using existing organisational or professional knowledge and experience 
 are considered organisational/unit specialists and provide sound advice to others who may have more generalist knowledge 








Work Level Descriptors The Cancer Council of Victoria 

 

Mercer Human Resource Consulting 

 

6

WORK LEVEL DESCRIPTOR – BAND F 
Band Profile 
Positions at this level are typically experienced professional positions within a particular discipline.  Advice is relied upon by other professionals 
and problem resolution is a regular requirement.  Work demands detailed analysis of alternate courses of action and their implications, addressing 
difficulties/problems in the work environment. 
Typical Work Level Features 

Expertise 
Positions are typically managerial, professional or technical roles requiring a degree or equivalent qualification plus several years of relevant work 
experience, or roles requiring significant subject matter knowledge, broad experience, skills and training. Management of diverse occupational 
groups or of complex administrative or regulatory activities or projects may be a feature.  Positions typically operate across full range of a 
recognised discipline, however may focus closely on one area of speciality. 
Positions are required to obtain the cooperation or assistance of others in the administration of well defined activities and/or to influence others in 
the achievement of set objectives.  The focus of communication is influencing and convincing others of appropriate courses of action or problem 
resolution.  This may be with both external and internal parties.   
Judgement 
There is a regular requirement for some adaptation to techniques or processes that affect the way work is performed. Positions may advance new 
approaches in relation to operational systems or standards, typically within their unit or specialist field. 
Positions are expected to regularly recommend and implement changes and adaptations to improve the efficiency or effectiveness of processes or 
enhance the quality of outcomes. 
Problem resolution is a regular feature, however, the types of issues generally recur.  Solutions are identified, implications considered, 
recommendations provided within existing organisational or professional knowledge and experience. 
Accountability 

Positions at this level are typically specialised in a sub-discipline and provide advice relating to the evaluation, analysis and resolution of specific 
issues and subjects to others who have a sound knowledge of the general discipline or where the supervisor’s focus is on management rather 
than technical issues.  Positions are individually accountable within TCCV for the advice provided and participate in the decision making process 
with respect to how the advice should be provided or used. 

Characteristics of positions in the next band: 
Positions classified at the next band (G): 
 are typically high level managerial or professional roles with many years of experience or requiring postgraduate/second degrees 
 are required to develop/modify operational methods, policies, practices and standards 
 may be the reference point for others in relation to policy, precedent, best practice, standards or resolution of problems 
 provide expert advice or counsel within an established body of knowledge in the area. 

 








Work Level Descriptors The Cancer Council of Victoria 

 

Mercer Human Resource Consulting 

 

7

WORK LEVEL DESCRIPTOR – BAND G 
Band Profile 
Positions at this level are typically senior professional, technical or management positions, required to apply specialised skills to deliver their 
advice or service.  They are a recognised reference point and may manage other professional roles.  Positions devise action plans and advance 
new approaches.  Complex program or project management or development of research projects may be a focus for roles at this level. 
Typical Work Level Features  

Expertise 
Positions are typically high level managerial or professional roles requiring well developed skills and many years of experience in a specialised 
discipline.  Positions may hold technical postgraduate or second degrees. 
Positions often perform a range of actions across a total discipline or have management responsibilities for large or multi-disciplinary projects.  
Positions may, in addition, have managerial responsibilities over a range of specialist technical/professional roles.  Technical positions are 
recognised as being highly specialist. 
The focus of communication is influencing and convincing others, rather than just asking for co-operation, and could take place both with external 
and internal parties.  There may be a requirement for regular contact with members of the public on sensitive issues requiring tact or diplomacy in 
order to provide and obtain information, convince them to recognise a particular situation, gain their support or provide advice or intense support 
and care.  Communication with a range of stakeholders with differing views is often a feature of the role. 
Judgement 
Positions may be required to develop or modify operational methods or specific operational policies, practices and standards.  Planning and 
organising large and complex programs or developing research projects may be a focus of roles in this band. The modification and development 
of methods and standards may affect the position itself, and will affect the way work is performed by others.  Problem resolution is a frequent 
requirement, although is typically structured by established management systems, scientific standards or budget parameters. 
Roles are required to develop appropriate research or program methodologies, analysing complex data, conceptualising ideas and advancing new 
approaches. 
Accountability 

Positions may be the recognised reference point for others in relation to policy, precedent, best practice, standards or resolution of problems.  
Positions are expected to provide expert advice or counsel in their area of expertise although the organisation may have access to advice from a 
number of other sources and there is usually an established body of knowledge in the area.  Positions are fully and individually accountable within 
the organisation for the advice provided.  Output from these roles may be provided to unit heads for use within the unit, or may impact more 
broadly on the wider organisation, and even externally on the broader public. 








                   

 

            

 

 

 

  
Mercer Human Resource Consulting Pty Ltd 
ABN 32 005 315 917 
33 Exhibition Street Melbourne Vic 3000 
GPO Box 9946 Melbourne Vic 3001 
03 9623 5555 

     

  
  

     

  
  

 

 

Cases cited by this decision: