54.2 The terms of an IFA must:
54.2.1 be about permitted matters under section 172 of the FW Act;
54.2.2 not be unlawful under section 194 of the FW Act; and
54.2.3 result in the Employee being better off overall than the Employee would be if no arrangement was made.
54.3 Any IFA that is entered into must:
54.3.1 be in writing;
54.3.2 include the name of the Employer and the Employee;
54.3.3 be signed by both parties, as well as a parent or guardian if the Employee is under 18 years of age;
54.3.4 include details of:
(a) the terms of the Agreement that will be varied by the arrangement;
(b) how the arrangement will vary the effect of the terms; and
(c) how the Employee will be better off overall in relation to the terms and conditions of the Employee's employment as a result of the arrangement; and
54.3.5 state the date on which the arrangement commences.
54.4 The Employee will be provided with a copy of the IFA within 14 days after it is agreed to.
54.5 Either party may terminate an IFA:
54.5.1 by giving no more than 28 days' written notice to the other party to the agreement; or
54.5.2 at any time in writing, if both parties agree.
55 Accident Pay
55.1 Where an Employee is injured and compensation is paid under the Victorian State Accident Compensation Legislation, TZV shall pay the Employee accident makeup pay, which is the difference between the Employee's actual compensation payment and the Employee's ordinary rate of pay at the date of injury.
55.2 The maximum period of payment of accident makeup pay is 52 weeks. If the Employee has more than one period of incapacity arising from the same injury, the maximum aggregate payment for those periods is 52 weeks.
56 Industrial Training and State Council/Branch Committee of Management Leave
56.1 A representative nominated by a Union covered by this Agreement must be granted up to a maximum of five days in any one calendar year and at least one day each other calendar year per Employee group served (i.e. Police (WILSECC), Police (BALSECC), Police (Tally Ho), Ambulance (Tally Ho) Ambulance (BALSECC) Ambulance (WILSECC), Fire (Tally Ho) and Fire (BALSECC)) to attend industrial/workplace relations training and/or State Council/Branch Committee of Management meetings on paid time.
56.2 Workplace union delegates may also be released to attend State Council/Branch Committee of Management meetings through approved shift swaps, approved time in lieu or approved planned leave.
56.3 Further periods of leave may only be granted by an Appropriately Authorised Officer of TZV.
56.4 Leave granted pursuant to this clause, including any related additional leave, will be subject to the workplace requirements, but will not be unreasonably refused.
56.5 If the full quantum of leave prescribed in clause 56.1 is not utilised in the calendar year as specified, it may be utilised in part or in total in the following year.
57 Union Delegate Secondment
57.1 Provided that leave without pay can be reasonably approved by TZV on operational grounds, workplace union delegates may be granted unpaid leave to temporarily work for a Union.
57.2 The secondment period will not be considered a break in the continuous service of the Employee. The secondment period will also count towards the Employee's period of continuous employment for long service leave purposes if it is for a period of no more than 12 months.
57.3 The Employee will not accrue traditional Ordinary Hours based workplace entitlements such as Annual Leave and Personal/Carer's Leave during the secondment period.
58 Deployment (field work)
58.1 Employees may be deployed for field work to a Non TZV managed control centre in accordance with the External Deployment Guidelines and Travel Policy. The guidelines will include a minimum two-day break for Employees who have been deployed to regional non-TZV sites requiring a change to their rostered cycle.
58.2 When completing field work, some of the provisions of clause 10 (Location) may apply.
58.3 TZV will update the Deployment Guidelines and Travel Policy following consultation within six months of the commencement of this Agreement.
59 Uniform
59.1 Employees must, whilst on duty (other than on approved casual clothes days), dress in the TZV uniform and display on their person their photo identification as provided by TZV. The uniform for Full-time Employees (other than managers, Team Leaders, probationary Employees, Part-time Employees, casual Employees and pregnant Employees) will comprise:
59.1.1 trouser / skirt / pant / shorts 3 items;
59.1.2 shirt / polo / blouse 5 items;
59.1.3 outerwear / knitwear 2 items.
59.2 Separate but consistent provisions apply to managers, Team Leaders, probationary Employees, Part-time Employees, casual Employees and pregnant Employees.
59.3 Uniforms will be replaced on a fair wear and tear basis. Generally, this will be after at least 2 years but will not be automatic after 2 years.
60 Salary Sacrifice
TZV will maintain a salary sacrifice provider to give Employees additional salary sacrifice options during the life of this Agreement.
61 Emergency Services Games
TZV is committed to a collegiate relationship with other emergency services organisations, and to a healthy workforce, and believes that participation in the Victoria Police and Emergency Services Games fosters these outcomes. As such, TZV agrees to reimburse the registration fees and any approved uniform costs that are incurred as a result of an Employee's participation in the Games.
62 Amenities
TZV will provide appliances and other equipment necessary for the consumption of meals, tea, coffee, milk, and sugar at each work location. TZV will also provide a Union notice board at each work location.
63 Drugs and Alcohol
It is a condition of employment that Employees shall not be on TZV premises or be involved in any operation of the business while in any way influenced by illicit drugs or any other substances which may impair their performance, or with a blood alcohol level exceeding zero.
64 Peer Support
TZV will maintain a Peer Support Program during the life of the Agreement.
65 TZV Policies, Procedures and Protocols
65.1 This Agreement is supported by various TZV policies, procedures, protocols and guidelines which provide further information about Employee obligations and terms and conditions of employment. Employees must familiarise themselves with and comply with these documents.
65.2 Policies, procedures, protocols and guidelines are not ordinarily incorporated into, and do not form part of, this Agreement. Accordingly, they may generally be amended by TZV from time to time, subject to the terms of the Agreement, including clause 32 (Consultation regarding Workplace Reform). This excludes the TZV Scheduling, Deployment and Staffing Levels Policy which may only be amended in accordance with clause 16 (Coverage and Staffing Levels).
65.3 To the extent that there is any inconsistency between policies, procedures, protocols and guidelines and the terms of this Agreement, the terms of this Agreement will prevail.
66 Settlement of Disputes
66.1 Any dispute or grievance:
66.1.1 about matter/s pertaining to the employer/employee relationship; and/or
66.1.2 a matter arising under this Agreement; and/or
66.1.3 about the NES;
except termination of employment, shall be dealt with in the following manner:
(a) Step 1: the dispute /grievance will be submitted by the Union and/or Employee(s) to the Employee's manager (e.g. Team Leader or Manager Emergency Communication Services) or other relevant TZV employee as appropriate to the nature of the dispute/grievance;
(b) Step 2: if not resolved after Step 1, it will then be submitted to the appropriate senior TZV employee (generally an Executive Manager Emergency Communication Services) or their delegate;
(c) Step 3: if not resolved after Step 2, it shall be submitted to the Executive Director People, Culture and Performance or their delegate.
66.2 If after following steps in sub-clause 66.1, the dispute remains unresolved, it may be referred to the FWC for conciliation, and where necessary, arbitration to determine the matter. The decision of the FWC must be accepted by the parties subject to any appeal available.
66.3 Any dispute or grievance regarding matters pertaining to the relationship between Unions and TZV shall be submitted to the Head of People, Culture and Performance or delegate. If not resolved after this, it may be referred to the FWC for conciliation and, by agreement from the parties, arbitration.
66.4 Employee(s) shall be entitled to have a representative, who may be a Union representative present at any or all steps in this procedure.
66.5 Steps 1 to 3 in clause 66.1 shall normally take place within a period of fourteen consecutive days and disputes/grievances should be resolved at the local level where possible.
66.6 During this disputes resolution process, both TZV and the aggrieved Employee(s) shall co-operate to ensure that these procedures are carried out expeditiously.
66.7 Until the dispute / grievance is determined, work shall continue normally in accordance with the existing work practices before the subject matter of the dispute / grievance arose.
66.8 No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this procedure.
66.9 Resolution of occupational health and safety issues under this clause are subject to the relevant state occupational health and safety legislation and are not subject to clause 66.7.
67 Termination of Employment
67.1 Employment may be terminated by either TZV or an Employee on the basis of the following notice, in writing, or payment in lieu of notice:
Employee's period of continuous Period of Notice by Period of Notice by
service with EST ESTA Employee
Up to 3 years At least 2 weeks At least 2 weeks
More than 3 years but not more At least 3 weeks At least 2 weeks
than 5 years
More than 5 years At least 4 weeks At least 2 weeks
67.2 The period of notice by TZV is increased by one week if the Employee is over 45 years of age and has completed at least two years continuous service.
67.3 At the date of separation, an Employee must return to TZV:
67.3.1 all confidential TZV information;
67.3.2 those parts of all notes and other records based on or incorporating confidential information;
67.3.3 all TZV's property in an Employee's possession or control, including uniform items and equipment.
67.4 The summary dismissal of any Employee shall be in accordance with TZV's policies and procedures which shall be consistent with the provisions of the FW Act and FW Regulations.
67.5 Clause 67 does not apply to casual Employees.
68 Transmission of Business
68.1 If, during or after this Agreement, the business (including a part of the business) is transmitted from TZV ("transmittor") to another employer ("transmittee"), (whether such transmission is immediate or not) and an Employee who at the time of such transmission is an Employee of the transmittor in that business, becomes an employee of the transmittee:
68.1.1 the continuity of service of the employment of the Employee will be deemed not to have been broken by reason of such transmission (for all purposes, including redundancy); and
68.1.2 the period of employment that the Employee has had with the transmittor, or any prior transmittor will be deemed to be service of the Employee with the transmittee (for all purposes, including the calculation of redundancy payments).
69 Right of Entry
69.1 For the purposes of ensuring compliance with this Agreement and the FW Act, an official of a Union who has been issued with an entry permit by the FWC pursuant to section 512 of the FW Act will be permitted access to the workplace provided he/she complies with the provisions set out in Part 3-4 of the FW Act.
69.2 A permit holder may only enter the workplace for the purposes permitted by and in compliance with the provisions of Part 3-4 of the FW Act.
69.3 Subject to clauses 69.1 and 69.2, a permit holder may enter the premises and shall adhere to the principles that he/she must not intentionally hinder or obstruct any person, or otherwise act in an improper manner.
70 Inductions
Officials of the Unions that are parties to this Agreement will be able to attend induction for new Call-takers in the relevant service for a thirty minute time period at a time to be mutually agreed between the parties.
71 Employee Representation
71.1 A Workplace Delegate may represent the industrial interests of members, or persons eligible to be members of their Union (eligible Employees) who wish to be represented by the Workplace Delegate in matters including but not limited to:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes; or
(e) enterprise bargaining where the Workplace Delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate's organisation with enterprise bargaining.
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible Employees are entitled to be represented and which concerns their industrial interests.
71.2 The relevant Union may, in accordance with their Rules, appoint an Employee as a Workplace Delegate. TZV must be notified of any appointed Workplace Delegate.
71.3 A Workplace Delegate is entitled to reasonable communication with eligible Employees for the purpose of representing their industrial interests under this clause. This includes discussing membership of the Workplace Delegate's organisation and representation with eligible Employees. For the purpose of representing those interests, the Workplace Delegate is entitled to reasonable communication with eligible Employees during working hours or work breaks, or before or after work.
71.4 A Workplace Delegate appointed in accordance with this clause will be granted reasonable access to the workplace and paid time during normal working hours to attend related training (as provided for in clause 56) and exercise their functions, including advice, assistance, support, representation of Employees on local, industrial and employment issues, including disputes, grievances.
71.5 A Workplace Delegate's entitlements under clause 71.1 and 71.4 are subject to the conditions that the Workplace Delegate must, when exercising those entitlements
(a) comply with their duties and obligations as an employee,
(b) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(c) not hinder, obstruct or prevent the normal performance of work; and
(d) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
Note that where a Workplace Delegate is requesting to be removed from shift to undertake their duties for the purpose of facilitating such release arrangements, they will engage with their Team Leader/Manager as soon as reasonably practical and provide the general purpose of the request and estimated duration of the absence. This Workplace Delegate will further inform the Team Leader/Manager of the conclusion of these duties and their return to shift.
71.6 The employer must not:
(a) unreasonably fail or refuse to deal with a Workplace Delegate request; or
(b) knowingly or recklessly make a false or misleading representation to a Workplace Delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a Workplace Delegate clause 71.1 or 71.4 or the Act.
71.7 The Employer must provide a Workplace Delegate with reasonable access to or use of the following workplace facilities:
(a) a room or area to hold discussions that is fit for purpose, private and accessible by the Workplace Delegate and eligible Employees;
(b) a physical or electronic noticeboard; electronic means of communication ordinarily used in the workplace by the Employer to communicate with eligible Employees and by eligible
(c) Employees to communicate with each other, including access to Wi-Fi;
(d) a lockable filing cabinet or other secure document storage area; and
(e) office facilities and equipment including printers, scanners and photocopiers.
71.8 The Employer is not required to provide access to or use of a workplace facility under clause 71.7 if:
(a) the workplace does not have the facility;
(b) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(c) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
(d) access to electronic means of communication will provide personal contact details for eligible employees.
72 Union Consultative Committee
72.1 A UCC of both the Unions and TZV's representatives will meet as a formal means of consulting regarding significant matters which impact or may impact on Employees or which may be potential areas of dispute.
72.2 The UCC shall consist of:
72.2.1 four representatives of management;
72.2.2 one Workplace Delegate for each Union at each site where that union has coverage; and
72.2.3 one Union official from each of the Unions.
72.3 The UCC shall meet as required and at least five times a year and meetings will be arranged so that Union representatives will have a reasonable opportunity to caucus before meetings.
72.4 For the avoidance of doubt, consultation means the full, meaningful and frank discussion of issues/proposals and the consideration of each party's views prior to TZV management implementing any outcome.
72.5 Any Employee of TZV participating in consultation as a representative of a Union/s will do so in accordance with the following arrangements:
72.5.1 if a Workplace Delegate is working during a UCC meeting, the Workplace Delegate will be released from work to attend; or
72.5.2 if a Workplace Delegate is not working:
(a) TZV and the delegate will endeavour to arrange a shift swap by agreement; or
(b) if a shift swap cannot be arranged and the Workplace Delegate attends UCC on a day off, they will be paid Overtime for the duration of the meeting and reasonable travel time if the delegate needs to travel to a work location other than their usual place of work at their ordinary rate of pay.
72.5.3 Travel reimbursement is not payable if:
(a) a pool car is available; or
(b) it was practicable to use the pool car to carpool and it was not used.
72.5.4 TZV will make a Myki (or equivalent) card available as an alternative.
73 Provision of Information to Union Consultative Committee
73.1 TZV provides 24-hour emergency call-taking and dispatch services for police, fire, ambulance and SES which is maintained by dedicated and highly skilled staff across multiple Centre. It is the responsibility of TZV to organise staffing levels that meet the needs of the Victorian community and Victoria's emergency services, while also providing Employees a working environment that is safe and without risks to their health.
73.2 Monitoring and maintaining an effective service to the community and a resilient workforce is a shared responsibility. In this context, TZV will regularly share information with Employees and Unions to monitor staffing levels across the service. This consultation will occur through the UCC.
73.3 For the purposes of these discussions, TZV will provide the Consultative Committee with the following information, broken down on a monthly basis, for the relevant period prior to the UCC:
73.3.1 up to date information on call-taking and dispatch performance;
73.3.2 up to date numbers of operational staff (both FTE and headcount) by Service and Centre;
73.3.3 up to date budgeted staff requirement;
73.3.4 up to date attrition data;
73.3.5 up to date information on planned recruitment programs;
73.3.6 Call Taker global ratio's (FTE % on Standard and Nonstandard Rosters by Stream and measures taken to meet target);
73.3.7 up to date information relating to multi-skilling; and
73.3.8 information on any proposed changes to recruitment, induction training, mentoring and consolidation processes.
73.4 Using this data, the UCC can make recommendations on varied issues including, but not limited to:
73.4.1 staffing levels and leave availability;
73.4.2 recruitment planning; and
73.4.3 new recruit training, mentoring and consolidation arrangements designed to deliver highly capable and resilient Employees into the TZV workforce.
74 Discipline
74.1 A dispute about a disciplinary matter will be dealt with under clause 66 (Settlement of Disputes).
74.2 Formal warnings which are more than 12 months old will not be relied on in future disciplinary actions other than in relation to repeated behaviours.
75 No Extra Claims
75.1 No extra claim shall be made during the life of this Agreement.
75.2 No Employee shall suffer any reduction in pay and or conditions as a consequence of the application of this Agreement unless otherwise specified in a clause of this Agreement. For the avoidance of doubt any Employee who is currently at Level 4 will remain at Level 4 (or equivalent).
SIGNATURE OF THE PARTIES