SECTION I CORE TERMS AND CONDITIONS OF EMPLOYMENT

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1 SECTION I CORE TERMS AND CONDITIONS OF EMPLOYMENT PART 1 APPLICATION AND OPERATION OF AGREEMENT 1 AGREEMENT TITLE This Agreement will be known as the Victorian Public Service Agreement ARRANGEMENT SECTION I CORE TERMS AND CONDITIONS OF EMPLOYMENT Part 1 Application and operation of Agreement 1 Agreement title 2 Arrangement 3 Definitions 4 Commencement date of Agreement and period of operation 5 Application of Agreement and Parties bound 6 No further claims 7 Savings provisions and relationship with other awards and agreements 8 Anti-discrimination Part 2 Communication, consultation and dispute resolution 9 Implementation of change 10 Resolution of disputes and grievances 11 Workload Part 3 Employer and Employees duties, employment relationship and related arrangements 12 Employment categories and entitlements 13 Termination of employment 14 Costs of employment related legal proceedings 15 Home based work 16 Redeployment 17 Management of unsatisfactorily work performance and misconduct Part 4 Salary and related matters 18 Career Structure Review 19 Application 20 Classifications and salaries General 21 Progression within a value range 22 Translation from former classifications 23 Classification and Salaries Non-VPS Aligned 24 Salary increases and productivity payment 25 Casual Employees - Loading 26 Supported Wage System 27 Payment of salaries 28 Trainees/Apprentices 29 Salary packaging 30 Allowances work or conditions

2 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT 31 Reimbursement of expenses 32 Superannuation Part 5 Hours of work and related matters 33 Hours of work 34 Shiftwork 35 Overtime 36 Meal breaks 37 Childcare Part 6 Leave of absence and public holidays 38 Leave of absence general 39 Annual leave 40 Purchased leave 41 Infectious diseases/dangerous medical conditions 42 Public holidays 43 Sick leave 44 Carer s leave 45 Compassionate leave 46 Parental leave 47 Leave to attend alcohol & drug or problem gambling rehabilitation program 48 Cultural & ceremonial leave 49 Long service leave 50 Extended leave scheme 51 Defence reserve leave 52 Jury service 53 Leave for blood donations 54 Leave to engage in emergency relief activities 55 Leave to engage in voluntary community activities 56 Participation in sporting events 57 Study leave 58 Military service sick leave 59 Leave without pay Part 7 Occupational health and safety 60 Accident make-up pay 61 Occupational health and safety and rehabilitation 62 Industrial relations/occupational health and safety training 63 Facilities, equipment and accommodation general Part 8 Agreement compliance and union related matters 64 Protection and facilities for accredited CPSU representatives 65 Right of entry SCHEDULE A REDEPLOYMENT SCHEDULE B SALARIES VPS SCHEDULE C VPS ALIGNED ADAPTIVE STRUCTURES 1 Legal Officer Adaptive Structure 2 Allied Health Adaptive Structure 3 Science Adaptive Structure 4 Department of Justice Custodial Officers (COG Structure 5 Department of Human Services Housing Services Officer (HSO, And Housing Customer Services Officer (HCSO Structures 6 Department of Justice Clerk of Courts Structure 7 Department of Justice Sheriff s Officer Structure 8 Department of Justice Community Corrections Officers Structure 9 Department of Primary Industries Fisheries Officers Structure SCHEDULE D NON-VPS ALIGNED ADAPTIVE STRUCTURES 2

3 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT 1 Department of Human Services - Child Protection Worker (CPW Structure 2 Department of Human Services - Youth Justice Worker (YJW Structure 3 Victoria Police - Forensic Officers Structure 4 Ministerial Chauffeurs Structure SCHEDULE E VPS, VPS ALIGNED AND NON-VPS ALIGNED CLASSIFICATION DESCRIPTORS APPENDIX 1 APPENDIX 2 APPENDIX 3 SIGNATORIES List of signatures EXCEPTIONAL MATTERS ORDER - DELETED AGREEMENT BETWEEN THE CPSU AND OWD WORK VALUE DISPUTES UNDER CLAUSE 4.4 OF THE EXCEPTIONAL MATTERS ORDER - DELETED MEMORANDUM OF UNDERSTANDING BETWEEN THE VICTORIAN GOVERNMENT AND VICTORIAN TRADES HALL COUNCIL Government Youth Employment Scheme SECTION II AGENCY SPECIFIC ARRANGEMENTS 1 Agency Specific Arrangements APPENDIX 4 DEPARTMENT OF JUSTICE Part 1 Corrections Victoria 1 Work or conditions allowances 2 Wulgunggo Ngalu Learning Place 3 Hours of work and additional salary increases Part 2 Magistrates Court of Victoria 4 Definitions 5 Work or conditions allowances Registrars Part 3 Office of the Public Advocate 6 Work or conditions allowances pager allowance Part 4 Sheriff s Office 7 Work or conditions allowances rostered employees Part 5 Victorian Commission for Gambling Regulation 8 Lottery supervision allowance 9 Restraint of trade allowance 10 Compliance and Investigation Branch shift and roster arrangements Part 6 Supreme Court of Australia 11 Tipstaves and Associates additional leave arrangements Part 7 County Court of Victoria 12 Tipstaves and Associates additional leave arrangements Part 8 Consumer Affairs Victoria 13 Shop Trading Inspectors stand-by allowance APPENDIX 5 DEPARTMENT OF EDUCATION AND TRAINING Part 1 Emergency And Security Management 1 Hours of work 2 Remuneration for shift work 3 Overtime Part 2 Victorian Curriculum and Assessment Authority 4 Stand-by Part 3 Senior Medical Advisors 5 Vehicle 6 On-call duty requirements 7 Special leave 3

4 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT 8 Private practice APPENDIX 6 ENVIRONMENT PROTECTION AUTHORITY 1 Stand-by allowances 2 Second shift duty 3 Diving allowance 4 Temporary location expenses 5 Overseas travel APPENDIX 7 DEPARTMENT OF HUMAN SERVICES Part 1 General 1 Recreation leave shift workers additional leave optional payment 2 Shift allowances Saturdays and Sundays 3 Time recording 4 Leave at half pay 5 Stand-by rate and court allowance general provisions 6 Stand-by (on call/recall 7 Stand-by/on-call allowances for Housing Services Employees and Rural After Hours Child Protection Part 2 Child Protection 8 Central after hours Child Protection Service Ten hour break 9 Additional leave for Child Protection Workers 10 Provision of protective clothing-streetworks program Part 3 Youth Justice 11 Overtime 12 Youth Justice practice principles 13 Roster review 14 Training and consultative mechanisms 15 Industrial action coverage 16 Provision of protective clothing-youth Justice Centres and Secure Welfare programs 17 Employee development 18 Commuted overtime allowance Part 4 Housing Programs 19 Provision of work clothing Housing programs 20 Call Centres Housing and Community Building Maintenance Call Centres 21 Housing Customer Services Officers mandatory qualifications 22 Public Housing Service Delivery model Part 5 Senior Medical Advisers 23 Vehicle 24 On-call duty requirement 25 Special leave 26 Private practice APPENDIX 8 DEPARTMENT OF PRIMARY INDUSTRIES Part 1 Stand-by, recall and related matters 1 Non-emergency stand-by 2 Fisheries duty officer 3 Stand-by on a vessel 4 Recall to duty Part 2 Fisheries Officers Matters 5 Paid rest period for Fisheries compliance work 6 Replacement of damaged clothing Fisheries officers 7 Shift work 4

5 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT Part 3 Allowances 8 Camping 9 Ocean Going allowance 10 Shipkeeping allowance 11 Diving allowance 12 Farm and building security allowance 13 Remote locations 14 Overseas and interstate travel Part 4 Emergency work 15 Emergency work Part 5 Overtime 16 Overtime APPENDIX 9 DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Part 1 Emergency work 1 Emergency work Part 2 Overtime 2 Overtime Part 3 Allowances 3 Camping allowance 4 Non-emergency stand-by 5 Remote locations 6 Overseas and interstate allowance APPENDIX 10 MINISTERIAL CHAUFFEURS 1 Application 2 Hours of work and overtime 3 Allowances and expenses 4 Drivers licences proof of currency 5 Assisting with pool duties 6 Compliance with road laws 7 Use of Ministerial vehicles APPENDIX 11 VICTORIA POLICE Part 1 General 1 Allowances 2 Commuted allowance Part 2 Forensic Officers 3 Recall provisions Part 3 Property Officers 4 Uniform APPENDIX 12 DEPARTMENT OF TRANSPORT VICTORIAN TAXI DIRECTORATE ENFORCEMENT OFFICERS 1 Application 2 Court appearances 3 Shift allowance local arrangements APPENDIX 13 OFFICE OF POLICE INTEGRITY Part 1 Convert Services Unit 1 Introduction 2 Composite allowances 3 Eligible employees 5

6 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT 4 Ordinary hours of work 5 Related arrangements 6 Composite allowance 7 Payment options 8 Election to be paid composite allowance 9 Effect on leave entitlements 10 Approval to work overtime 11 TOIL 12 Stand-by 13 Rostering principles Part 2 Supplementary Terms and Conditions of Employment for Operational Employees 14 Introduction and application 15 Operational stand-by allowance 16 Payment of overtime 17 Hours of work outside the span of hours (not overtime 18 TOIL and accrued time 19 Approved process 3 DEFINITIONS In this document, unless otherwise provided: 3.1 Accredited Representative of the Union means an officer or employee of the CPSU or a workplace delegate accredited by an authorised officer of the CPSU; 3.2 Agency means a Public Service Body, or an office or its successor treated as if it were a Public Service Body under the Public Administration Act 2004 (Vic, and Agency Head shall be given a like meaning; 3.3 Commission means the Australian Industrial Relations Commission or its successor; 3.4 CPSU or Union means CPSU, the Community and Public Sector Union; 3.5 Employee means an employee of the Crown employed pursuant to Division 4 of Part 3 or Division 3 of Part 6 of the Public Administration Act 2004 (Vic other than: an Employee eligible to be a member of the CPSU who is employed under the Education and Training Reform Act 2006 (Vic; an Employee eligible to be a member of the Health Services Union of Australia; an Employee eligible to be a member of the CPSU who is employed pursuant to the Emergency Services Superannuation Act 1986 (Vic; an Employee eligible to be a member of the Australian Nursing Federation and the CPSU who is employed within the Department of Education and Early Childhood Development as a nurse in a position requiring mandatory qualifications as such and whose remuneration is determined by reference to the salary structure in the Nurses (Department of Education and Early Childhood Development Agreement 2008 or its successor; a locally engaged Employee in an overseas office/work location; a Principal Scientist, a Senior Medical Adviser or a Senior Regulatory Analyst in respect to clauses 18 to 24 but not otherwise; and 6

7 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT an Employee eligible to be a member of the Australian Workers Union whose terms and conditions are determined by reference to the Field Staff Agreement 2005 or the Field Staff Agreement 2007, or any successor to those agreements. 3.6 Employer means the State of Victoria acting through its servant or agent who, for the purposes of this Agreement, is the relevant Agency Head in the Agency in which the Employee is employed; 3.7 Party means the State of Victoria or the CPSU; 3.8 Public Administration Act 2004 (Vic means that Act as may be amended from time to time, or any successor to that Act; 3.9 Public Holiday means a day that is a public holiday pursuant to clause 42; 3.10 Salary means the wage or salary rate, including all on-going progression payments, which an Employee receives in the normal course of his or her duty; provided that Salary does not include any payment for overtime, shift work, stand-by, travelling allowance, incidental expenses or any payment of a temporary character; 3.11 VPS means the Victorian Public Service; 3.12 Workplace Relations Act 1996 and WR Act means that Act, as may be amended from time to time, or any successor to that Act. 4 COMMENCEMENT DATE OF AGREEMENT AND PERIOD OF OPERATION 4.1 This Agreement came into effect in its original form on 14 March 2006, and will commence to operate in its varied and extended form on the day the variation and extension is approved by the Commission and will have a nominal expiry date of 30 June Employees to whom this Agreement applies will receive salary increases, payments and increases to allowances as follows: a productivity payment in accordance with clause 24.1; salary increases as provided for in clause 24, with the first increase payable with effect from 1 July 2009; and increases to allowances provided for in clauses 30 and 31, with the first increase payable with effect from 1 July Alterations to conditions of employment provided for in this Agreement shall apply with effect from 4 May 2009 except where otherwise provided. 4.4 The parties commit to meeting in December 2010 to determine a negotiation schedule for the next agreement and it is agreed that bargaining will have commenced by 1 February The parties agree to use their best endeavours to achieve an operative date of 1 July 2011 for the commencement of the next agreement. 5 APPLICATION OF AGREEMENT AND PARTIES BOUND 5.1 This Agreement is made under s170lj of the pre-reform WR Act between the Employer and the CPSU and is varied and extended under clause 2A of Part 2 of Schedule 7 of the WR Act. 5.2 This Agreement applies to and is binding on: the State of Victoria in respect of all Employees (as defined in clause 3.5; 7

8 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT all Employees whose employment is, at any time when this Agreement is in operation, subject to this Agreement; and the CPSU. 5.3 In accordance with Schedule 9 of the WR Act, where a new employer becomes the successor, transmittee or assignee of the whole or a part of the business of the Employer, the new employer is bound by this Agreement to the extent that it relates to the whole or part of the business. 6 NO FURTHER CLAIMS 6.1 This Agreement is intended to set out, or set out processes for determining, all the terms and conditions of employment of the Employees which will be subject to an agreement under the WR Act for the period from the date of certification until 30 June The Employees, the Employer and the CPSU agree that they will not for the period from the date of certification until 30 June 2011 make claims for the making of a further agreement under the WR Act, whether in relation to matters dealt with in this Agreement or otherwise. 7 SAVINGS PROVISIONS AND RELATIONSHIP WITH OTHER AWARDS AND AGREEMENTS 7.1 This Agreement operates to the exclusion of all previous awards and orders of the Commission and replaces all previous certified agreements in respect of the Employees. However any entitlement in the nature of an accrued entitlement to an individual s benefit which has accrued under any such previous certified agreement will not be affected by the making of this Agreement. 7.2 No Employee will, on balance, have his or her overall pay and conditions reduced as a result of the making of this Agreement. 7.3 No Employee s overall terms and conditions of employment shall, on balance, be reduced as a result of any Machinery of Government changes that occur during the life of this Agreement. 7.4 Agency-specific arrangements Agency-specific arrangements are provided for in Section II (Appendices 4 to 13 of this Agreement. These Agency-specific arrangements are read in conjunction with Section I. Where the Agency-specific arrangements make different provision to Section I, the Agency-specific arrangements override Section I to the extent of the difference. 8 ANTI-DISCRIMINATION 8.1 It is the intention of the Parties to this Agreement to achieve the principal object in section 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. 8.2 Accordingly, in fulfilling their obligations under the procedures in clause 10 (Resolution of Disputes and Grievances, the Parties must make every endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 8.3 Nothing in this clause is to be taken to affect: 8

9 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT 8.3.1(a 8.3.1(b 8.3.1(c any different treatment (or treatment having different effects which is specifically exempted under the Commonwealth anti-discrimination legislation; 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; the exemptions in sections 659 (3 and (4 of the Workplace Relations Act PART 2 COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 9 IMPLEMENTATION OF CHANGE 9.1 Where the Employer is considering a restructure of the workplace, the introduction of new technology or changes to existing work practices of Employees, the Employer will advise the affected Employees and the CPSU of the proposed change as soon as practicable after the proposal has been made. The Employer will advise the affected Employees and the CPSU of the likely effects on the Employees working conditions and responsibilities. The Employer will advise of the rationale and intended benefits of any change. 9.2 The Employer will regularly consult with affected Employees and the CPSU and give prompt consideration to matters raised by the Employees or CPSU and where appropriate provide training for the Employees to assist them to integrate successfully into the new structure. 9.3 In accordance with this clause, the affected employees and the CPSU may submit alternative proposals which will meet the indicated rationale and benefits of the proposal. Such alternative proposals must be submitted in a timely manner so as not to lead to an unreasonable delay in the introduction of any contemplated change. If such a proposal is made the Employer must give considered reasons to the affected employees and the CPSU if the Employer does not accept its proposals Indicative reasonable timeframes are as follows: Step in process Number of working days in which to perform each step Employer advises CPSU and employees CPSU response Meeting convened (if requested Further Employer response (if relevant CPSU alternative proposal (if applicable Employer response to any alternative proposal 5 days following receipt of written advice 5 days following request for meeting 5 days following meeting 10 days 10 days 9

10 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT 9.4 Any dispute concerning the Parties obligations under this clause shall be dealt with in accordance with clause 10 (Resolution of Disputes and Grievances. 9.5 Review The Employer and the CPSU agree to develop guidelines to establish a process for dealing with minor change matters and to assess the applicability of the indicative reasonable timeframes. 10 RESOLUTION OF DISPUTES AND GRIEVANCES 10.1 Unless otherwise provided for in this Agreement, a dispute or grievance about a matter arising under this Agreement, other than termination of employment, must be dealt with in accordance with this clause A person bound by this Agreement may choose to be represented at any stage by a representative, including a CPSU representative or employer s organisation Obligations The parties to the dispute or grievance, and their representatives, must genuinely attempt to resolve the dispute or grievance through the processes set out in this clause and must cooperate to ensure that these processes are carried out expeditiously Whilst a dispute or grievance is being dealt with in accordance with this clause, work must continue in accordance with usual 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 No person bound by this Agreement will be prejudiced as to the final settlement of the dispute or grievance by the continuance of work in accordance with this clause Agreement and Dispute Settlement Facilitation For the purposes of compliance with this Agreement (including compliance with this dispute settlement procedure where the chosen Employee representative is another Employee of the Employer, he/she must be released by the Employer from normal duties for such periods of time as may be reasonably necessary to enable him/her to represent Employees concerning matters pertaining to the employment relationship including but not limited to: (a (b (c Investigating the circumstances of a dispute or an alleged breach of this Agreement; Endeavouring to resolve a dispute arising out of the operation of this Agreement; or Participating in conciliation, arbitration or any other agreed alternative dispute resolution process The release from normal duties referred to in this clause is subject to the proviso that it does not unduly affect the operations of the Employer Discussion of Grievance or Dispute The dispute or grievance must first be discussed by the aggrieved Employee(s with the immediate supervisor of the Employee(s. 10

11 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT 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 Internal Process If any party to the dispute or grievance who is bound by this Agreement refers the dispute or grievance to an established internal dispute or grievance resolution process, the matter must first be dealt with in accordance with that process. The process must be consistent with the following principles: (a (b (c (d The rules of natural justice; Provide for mediation or conciliation of the grievance; Provide that the Employer will take into consideration any views on who should conduct the review; and Be conducted as quickly, and with as little formality, as a proper consideration of the matter allows If the dispute or grievance is not settled through an internal dispute or grievance resolution process, the matter can be dealt with in accordance with the processes set out below If the matter is not settled either Party may apply to the Commission to have the dispute or grievance dealt with by conciliation Disputes of a Collective Character The Parties acknowledge that disputes of a collective character concerning more than one agency may be dealt with more expeditiously by an early reference to the Commission No dispute of a collective character may be referred to the Commission directly unless there has been a genuine attempt to resolve the dispute at the workplace level prior to it being referred to the Commission Conciliation Where a dispute or grievance is referred for conciliation, a member of the Commission shall do everything that appears to the member to be right and proper to assist the Parties to agree on terms for the settlement of the dispute or grievance This may include arranging: (a (b conferences of the Parties presided over by the member; and for the Parties to confer among themselves at conferences at which the member is not present Conciliation before the Commission shall be regarded as completed when: (a (b the Parties have reached agreement on the settlement of the grievance or dispute; or the member of the Commission conducting the conciliation has, either of their own motion or after an application by either Party, satisfied themselves that there is no likelihood that, within a reasonable period, further conciliation will result in a settlement; or 11

12 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT (c 10.9 Arbitration the Parties 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 If the dispute or grievance has not been settled when conciliation has been completed, either Party may request that the Commission proceed to determine the dispute or grievance by arbitration Where a member of the Commission has exercised conciliation powers in relation to the dispute or grievance, the member shall not exercise, or take part in the exercise of, arbitration powers in relation to the dispute or grievance if a Party objects to the member doing so Subject to sub-clause below, the determination of the Commission is binding upon the persons bound by this Agreement An appeal lies to a Full Bench of the Commission, with the leave of the Full Bench, against a determination of a single member of the Commission made pursuant to this clause General Powers and Procedures of the Commission Subject to any agreement between the Parties in relation to a particular dispute or grievance and the provisions of this clause, in dealing with a dispute or grievance through conciliation or arbitration, the Commission may: (a (b (c determine matters of procedure as if section 110 of the Workplace Relations Act 1996 applied to the proceedings; and exercise the powers set out in section 111 of the Workplace Relations Act 1996, to the extent relevant, as if section 111 applied to the proceedings; and in the course of dealing with a matter by arbitration make an interim recommendation at any stage in the process prior to the final determination of the dispute by arbitration Publication and Privacy Obligations during Disputes In accordance with the provisions of section 712 of the Workplace Relations Act 1996 and more particularly section 712(2(b, the Parties, subject to the preservation of any duties of confidence, commercial or otherwise and to any requirements for in-camera hearings due to security or other concerns, consent to and empower the Commission at its discretion to publicly disclose any recommendation or decision it has reached in order to resolve in whole or in part any dispute under this Agreement. 11 WORKLOAD 11.1 The Employer acknowledges the benefits to both the organisation and individual Employee gained through Employees having a balance between both their professional and family life The Employer further recognises that the allocation of work must include consideration of the Employee s hours of work, health, safety and welfare. Work will be allocated so that there is not an allocation that routinely requires work to be undertaken beyond an 12

13 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT Employee s ordinary hours of work. However, the Employer may require an Employee to work overtime where: such work is unavoidable because of work demands and reasonable notice of the requirement to work overtime is given by the Employer; or where, due to an emergency, it has not been possible to provide reasonable notice When an Employee is required by the Employer to work overtime the Employee must be compensated in accordance with the appropriate overtime clause where the Employee is covered by the provisions of such a clause Where an individual or group of individuals believe that there is an unreasonable allocation of work leading to staff being overloaded with work, the individual or group of individuals concerned can seek to have the allocation reviewed by the Employer to address the staff concerns Other than in an emergency, if reasonable notice of the requirement to perform overtime work has not been given by the Employer, an Employee may refuse overtime work where this would impose personal or family hardship or interfere with the Employee s personal commitments. PART 3 EMPLOYER AND EMPLOYEES DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 12 EMPLOYMENT CATEGORIES AND ENTITLEMENTS 12.1 Basis of Employment Employees may be employed on: an ongoing basis; a fixed term basis; or a casual basis Usual Place of Work The Employer must determine a usual place or places of work for the Employee Where the Employer wishes to reassign work to the Employee that will require a change to the work location, two week's notice must be given or a lesser period if agreed between the Employer and the Employee If an Employee believes that a proposed relocation would create demonstrable hardship, the Employer must consider any alternative proposal put by the Employee Job Information As soon as practicable after the commencement of employment, the Employee will be provided in writing or electronically with details of the job title, classification level and job statement for his/her position A fixed term Employee must be provided in writing or electronically the reason for their fixed term employment consistent with clause

14 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT The Employee will carry out the duties described in the job statement and such other duties as directed consistent with their skills and classification descriptors The Employer will provide the Employee with a copy of this Agreement and information regarding the role of the Union and/or delegates under the terms of this Agreement The Employer will ensure that an induction process is developed and maintained for the purpose of educating new Employees about Agency structures and policies within the framework of employment in the Victorian Public Service. The Employer will ensure that the Union is provided with an opportunity to explain its role and functions in consultative and grievance resolution processes provided for under this Agreement Probationary Period - New Employee The Employer may appoint an Employee or a former Employee who commences employment in the VPS on a probationary basis The period of probation shall be a reasonable period having regard to the nature of the position but, subject to clause shall be no more than 3 months If conduct or performance issues are identified during the probationary period, the Employer shall counsel the Employee during the probationary period in relation to his or her conduct or performance and shall provide a written record of such counselling. The probationary period may be extended by a period of not more than 3 months to allow the Employee to address performance issues. The probationary period may also be extended by not more than 3 months if nonattendance at work limits the Employer s ability to properly assess an Employee A Probationary Employee s employment may be terminated by the Employer during the Employee s probationary period by giving 2 weeks notice or 2 weeks pay in lieu of notice, subject to the right to terminate an Employee s employment without notice or payment in lieu of notice if the Employee has committed any act of serious misconduct (as defined in the Workplace Relations Regulations Unless the employment is terminated earlier in accordance with clause , at the end of the period of probation the Employer shall confirm the Employee s appointment in writing or, in the event that the Employee s conduct or performance during the probationary period is unsatisfactory, terminate the employment by the giving of 2 weeks notice or 2 weeks pay in lieu of notice A person initially employed in an Agency on a fixed term basis who is subsequently employed in that Agency on an ongoing basis shall have the fixed term employment taken into account in the determination of any probationary period Part-Time Employment Provisions relating to salary, leave and all other entitlements contained within this Agreement apply to part-time Employees on a pro rata basis calculated on the number of ordinary hours worked Part-time employment is for not less than 3 consecutive hours in any day worked except: (a (b where the Employee works from home by agreement with the Employer; or in exceptional circumstances with the agreement of the Employee. 14

15 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT Part-time employment may be worked only by agreement between the Employee and the Employer, where that agreement includes a roster specifying: (a (b (c (d the days in each fortnight the Employee will work; the start and finish times on the days which the Employee will work; the number of hours the Employee will work on each day he or she works; and agreed processes for the variation of hours of work Such agreed rostered hours shall be considered the Employee s ordinary hours Casual Employment When It May Be Used The use of casual labour will not be for the purpose of undermining the job security of ongoing Employees, for the purpose of turning over a series of casual workers to fill an ongoing employment vacancy or as a means of avoiding obligations under this Agreement Therefore, the employment of casuals in all areas covered by this Agreement is limited to meeting short-term work demands or specialist skill requirements which are not continuing and would not be anticipated to be met by existing staffing levels Casual employment will be for not less than 3 consecutive hours in any day worked except: (a (b where the Employee works from home by agreement with the Employer; or in exceptional circumstances Except as expressly provided for, all other provisions of this Agreement apply to casual Employees Fixed Term Employment When It May Be Used The use of fixed term contract positions will not be for the purpose of undermining the job security or conditions of full-time ongoing Employees Therefore, the use of fixed term employment in all areas covered by this Agreement is limited to : (a (b (c (d (e (f replacement of staff proceeding on approved leave; meeting fluctuating client and staffing needs and unexpected increased workloads; undertaking a specified task which is funded for a specified period; filling a vacancy resulting from an Employee undertaking a temporary assignment or secondment; temporarily filling a vacancy where, following an appropriate selection process, a suitable ongoing Employee is not available; or filling a vacant role whilst a review of the area is undertaken, provided that such appointment does not exceed a period of 12 months In other than exceptional and unforeseen circumstances, fixed term appointments shall be for a maximum of three years, subject to clause 46 (Parental Leave. 15

16 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT Where the Union or affected employees identify a fixed term position that does not meet the criteria established in clauses and , it will refer such a position to the Employer. And if as a result of discussions, the status of the position cannot be resolved, then the matter shall be dealt with under clause 10 (Resolution of Disputes and Grievances of this Agreement Where an Employee is posted overseas the limitations on the use of fixed term employment outlined in the above sub-clauses do not apply Job Swap Scheme The parties will consider the feasibility of introducing a Job Swap Scheme. 13 TERMINATION OF EMPLOYMENT 13.1 Termination by Employer The provisions of s661 of the Workplace Relations Act 1996 apply, except where varied by this clause Subject to this Agreement the Employer may only terminate the employment of an Employee for the reasons outlined in s33 of the Public Administration Act 2004 (Vic Notice of termination by Employer In order to terminate the employment of an Employee, other than a casual Employee, the Employer must give to the Employee the following notice period: Employee s period of continuous service with the Employer Not more than 3 years More than 3 years Minimum period of notice 2 weeks 4 weeks In addition to this notice, Employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week s notice Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the Employee working part of the required period of notice and by the Employer making payment for the remainder of the period of notice In calculating any payment in lieu of notice, the salary an Employee would have received for the ordinary time they would have worked during the period of notice had their employment not been terminated will be used The period of notice in this clause will not apply in the case of dismissal for conduct that justifies instant dismissal Employee Resignation Unless otherwise agreed by the Employer and an Employee, an Employee other than a probationary employee may resign at any time by giving a minimum of four weeks' written notice to the Employer Abandonment of Employment If an Employee is absent for more than 20 working days: 16

17 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT in circumstances where the Employer could not reasonably, after due enquiry, have been aware of any reasonable grounds for the absence; and without the permission of the Employer; and without contacting the Employer to provide an explanation for the absence the Employer is entitled to treat the Employee as having resigned and the employment as having been terminated by the Employee at his or her initiative Statement of Employment The Employer must, upon receipt of a request from an Employee whose employment will cease or has ceased, provide to the Employee a written statement specifying the period of his or her employment and the classification of or the type of work performed by the Employee Where the Employer terminates an Employee's employment, the Employer must, at the Employee s request, provide a written statement of the reasons for dismissal Rights Not Limited This clause does not limit the rights of Employees to pursue any other legal remedy in respect of termination of employment. 14 COSTS OF EMPLOYMENT RELATED LEGAL PROCEEDINGS 14.1 If an Employee is required to attend a Coroner s inquest on matters which directly arise from the performance of the Employee s duties, the Employer must meet the Employee s reasonable legal costs relating to appearance at or representation before the Coroner s Court Where legal proceedings are initiated against an Employee as a direct consequence of the Employee legitimately and properly performing his or her duties, the Employer will not unreasonably withhold agreement to meet the Employee s reasonable legal costs relating to the defence of such proceedings Where, as a direct consequence of the Employee legitimately and properly performing his or her duties, it is necessary to obtain an intervention order or similar remedy against a client, the Employer will not unreasonably withhold agreement to meet the Employee s reasonable legal costs in obtaining the order or other remedy An Employee s immediate supervisor must ensure that an application to meet reasonable legal costs will be referred to the appropriate person or body to enable the application to be decided expeditiously. 15 HOME BASED WORK Home based work arrangements may be agreed between the Employer and an Employee on a case by case basis. 16 REDEPLOYMENT Redeployment Principles are set out in Schedule A. 17

18 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT 17 MANAGEMENT OF UNSATISFACTORY WORK PERFORMANCE AND MISCONDUCT 17.1 The purpose of this clause is to: support Employees with unsatisfactory work performance to improve their performance to the required standard; ensure that unsatisfactory work performance is addressed expeditiously; provide for Employee misconduct to be investigated and addressed expeditiously and with minimal disruption to the workplace; reflect the public sector values of integrity, impartiality, accountability and respect with the aim of ensuring that employees are treated fairly and reasonably; and provide transitional arrangements for the implementation of new unsatisfactory work performance and misconduct process for the VPS Application Subject to applicable Victorian and federal legislation, action taken by the Employer in relation to unsatisfactory work performance or misconduct will be consistent with clause 17.7 or with clause 17.8, as applicable. The Employer is not required to comply with this clause in respect of: casual Employees; and Employees who are subject to a probationary period of employment Definitions Meaning of misconduct Misconduct includes: (a a contravention of a provision of the Public Administration Act 2004 (Vic, the regulations to that Act, a binding code of conduct or a provision of any statute or regulation that applies to the Employee in the Employee s employment; (b (c (d (e improper conduct in an official capacity; a contravention, without reasonable excuse, of a lawful direction given to the Employee as an Employee by a person authorised to give the direction; an Employee making improper use of his or her position for personal gain; and an Employee making improper use of information acquired by him or her by virtue of his or her position to gain personally or for anyone else financial or other benefits or to cause detriment to the public service or the public sector Meaning of unsatisfactory work performance An Employee s work performance is unsatisfactory if the Employee fails to perform to the required standards or expectations of their role. 18

19 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT 17.4 Employee representation An Employee is entitled to be represented by a person of their choice (including a Union representative at any stage of the formal review meetings of the unsatisfactory work performance management process, or any formal stages of the misconduct management process Disputes and grievances Any dispute or grievance arising under this clause may only be dealt with in accordance with clause 10 (Resolution of Disputes and Grievances when any of the following are placed on the Employee s personnel file in accordance with this clause. This may include whether clause 17.6 has been compiled with in coming to a decision a record of formal counselling; a formal written warning; a final written warning; or a record of discipline outcome Procedural fairness to apply For matters involving unsatisfactory work performance or behaviour, disciplinary action will be consistent with the principles of procedural fairness All parties involved in the process will commit to completing it as quickly as practicable The Employer must take into account any reasonable explanation of any failure by the Employee to participate, before making a decision Before commencing formal disciplinary or underperformance processes, the Employer must: (a (b (c (d tell the Employee the purpose of the meeting; provide the Employee with a copy of the formal disciplinary or underperformance process to be followed; provide a reasonable opportunity for the Employee to seek advice from the Union before the disciplinary or underperformance procedure commences; and allow the Employee the opportunity to provide details of any mitigating circumstances Unsatisfactory work performance The objective of this part is to assist and support underperforming employees to improve their performance and to attain and maintain a satisfactory standard of performance Prior to Commencing Process: (a the Employer must consider organisational or personal factors that play a role in the Employee s underperformance and consider alternatives to the underperformance process to address the problem; and, 19

20 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT (b the Employer must have a reasonable expectation that the Employee is capable of meeting the required level of performance. Where the Employer and Employee agree that the Employee is not capable of meeting the required level of performance the Employer may transfer the Employee to a suitable alternative position where reasonably practicable Process to manage unsatisfactory work performance Where the Employer considers that informal attempts to address an Employee s unsatisfactory work performance have been unsuccessful, the Employer may proceed to manage the Employee s unsatisfactory work performance in accordance with, but not limited to, all or some of the following measures: (a (b (c (d (e (f increased supervision; changes to the Employee s performance plan; mentoring; training and professional development; increased feedback; and coaching Referred unsatisfactory work performance matters The employer may at any time elect, where there is reasonable cause, to manage the Employee s performance in accordance with clause 17.8 instead of this clause 17.7 where the Employer determines that it would be more appropriate for the Employee s performance to be managed with clause Any matters that have arisen under the process in clause 17.7 may be considered in the process pursuant to clause First stage formal counselling (a The first stage of management of unsatisfactory work performance is formal counselling of the Employee. The Employer must: (a(i (a(ii (a(iii advise the Employee of the unsatisfactory work performance; outline the standard required of the Employee; and provide the Employee with an opportunity to respond (b (c The Employee will be advised of any consequences of not improving their performance within a reasonable period of time and of engaging in any further unsatisfactory work performance. A record of the formal counselling session will be placed on the Employee s personnel file Second stage formal written warning (a The Employee will be given a formal written warning by the Employer, if: 20

21 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT (a(i (a(ii the Employee s performance has not improved within a reasonable period of time following formal counselling in accordance with clause ; and/or the Employee engages in further unsatisfactory work performance (b The Employer must: (b(i (b(ii (b(iii advise the Employee of the unsatisfactory work performance; outline the standard required of the Employee; and provide the Employee with an opportunity to respond (c The formal written warning must indicate: (c(i (c(ii (c(iii (c(iv the standard expected of the Employee; where and how the Employee is not meeting this standard; and the consequences if the Employee fails to improve their performance including the possibility that the Employee s unsatisfactory performance will be managed in accordance with clause The written warning will be placed on the Employee s personnel file Third stage final warning (a The Employee will be given a final written warning by the Employer, if (a(i (a(ii the Employee s performance has not improved within a reasonable period of time following receipt of a formal written warning in accordance with clause ; and/or the Employee engages in further unsatisfactory work performance (b The Employer must: (b(i (b(ii (b(iii advise the Employee of the unsatisfactory work performance; outline the standard required of the Employee; and provide the Employee with an opportunity to respond (c The formal written warning must indicate: (c(i (c(ii the standard expected of the Employee; where and how the Employee is not meeting this standard; and 21

22 SECTION 1 CORE TERMS AND CONDITIONS OF EMPLOYMENT (c(iii the consequences if the Employee fails to improve their performance including that if there is a repetition or continuation of any unsatisfactory work performance, the Employee s performance will be dealt with in accordance with clause 17.8 and the evidence from the unsatisfactory work performance stream may be used to determine the outcome (d The final written warning will be placed on the Employee s personnel file Misconduct and referred unsatisfactory work performance matters Process Where an Employee is alleged to have engaged in misconduct, there will be, consistent with the requirements of procedural fairness: (a an investigation (see clause ; (b (c an opportunity for the Employee to respond to the findings of the investigation and a recommendation about a proposed discipline outcome (see clause ; and a determination of the discipline outcome by the Employer (see clause Directions Once a process in accordance with this clause 17.8 has commenced, the Employer may do any of the following: (a direct the Employee to proceed immediately to perform alternative duties or work at an alternative place of work; (b (c direct the Employee not to speak to other employees of the Employer about the matter or not to visit certain places of work; suspend the Employee with pay; Potential criminal conduct Where the allegations that are the subject of a process in accordance with this clause 17.8 are also the subject of a criminal investigation or criminal proceedings, the Employer is not required to delay or cease the process under this clause but the Employer may exercise its discretion to do so Admissions by Employee (a (b The Employee may at any stage elect to admit the allegations. If the Employee admits all of the allegations, the Employer will proceed to the determination of discipline outcome stage Investigation (a As soon as practicable after allegations of misconduct have been made against an Employee, the Employer will advise the Employee of the allegations in writing. 22

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