esta support staff ENTERPRISE AGREEMENT 2021
This Agreement shall be known as the Emergency Services Telecommunications Authority Support Staff Enterprise Agreement 2021.
This Agreement shall cover:
a)
the Emergency Services Telecommunications Authority (ESTA); and
b)
Employees of ESTA as defined in clause 5.
In accordance with section 183 of the Fair Work Act 2009 (Cth) (FW Act), the Agreement will also cover a union that was a bargaining representative for the Agreement, provided that the Fair Work Commission (FWC) in its decision to approve this Agreement notes that the Agreement covers that union.
No Employee shall be worse off as a result of the application of this Agreement.
4 DATE AND PERIOD OF OPERATION
This Agreement shall come into operation on 1 January 2022 or seven days after it is approved by the FWC, whichever is earlier.
The nominal expiry date will be 30 June 2025.
The parties to this Agreement commit to commencing negotiations for an ensuing agreement at least six months prior to the nominal expiry date of this Agreement.
5 DEFINITIONS, ACRONYMS & ABREVIATIONS
"Agreement" means the Emergency Services Telecommunications Authority Support Staff
Enterprise Agreement 2021 and any Schedules attached to it.
"Award" means the Victorian State Government Agencies Award 2015.
"Base Rate of Pay" means the rate of pay payable to an Employee for their ordinary hours of work,
but not including:
a)
loadings {including casual loading);
b)
monetary allowances;
c) overtime or shift penalties; or
d)any other separately identifiable amounts.
"Centre" means a communications facility from which ESTA operates emergency communications services.
"Continuous Shift Worker" means an Employee engaged on a continuous shift roster that operates 24 hours per day through seven (7) days per week and regularly includes work on Saturday and/or Sunday and Public Holidays.
"Employee" means a person employed by ESTA who is covered by a classification under Schedule A of this Agreement, and who is neither an Executive nor an employee employed under the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2019 (as may be amended, replaced or terminated from time to time).
"Employer" means EST A.
"ESTA" means Emergency Services Telecommunications Authority.
"Executive" means a person employed by ESTA under an arrangement governed by the Government Sector Executive Remuneration Panel (GSERP).
"FWA" means Flexible Working Arrangement.
"FW Act" means the Fair Work Act 2009 (Cth).
"FWC" means the Fair Work Commission.
"Immediate Family" means:
a)
a spouse (including a de facto spouse and same sex partner) of the Employee; and
b)
a child or an adult child (including an adopted child, a stepchild or an ex-nuptial child), parent
(including step parent), full time guardian, grandparent, grandchild, aunt, uncle or sibling of
the Employee, or of the Employee's spouse.
"Independent Bargaining Representative" means the employee who nominated to bargain for this Agreement.
"IFA" means Individual Flexibility Arrangement.
"On-call" means where ESTA has directed an Employee to be available to perform work outside the Employee's Ordinary Hours. On-call duty is not counted towards Ordinary Hours under this Agreement unless otherwise stated.
"Ordinary Hours" means the rostered hours usually worked by an employee, inclusive of all categories of leave but excluding Overtime.
"Overtime" means overtime as defined in clause 22.1.
"Shift Worker" means an Employee whose Ordinary Hours extend beyond 7:00pm on Monday to Friday and regularly includes work on Saturday and/or Sunday, Employees with variable rosters and Continuous Shift Workers.
"Union" means the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Communication Workers Union division).
6 EQUAL EMPLOYMENT OPPORTUNITY/ HARASSMENT, WORKPLACE DIVERSITY AND INCLUSION
6.1 ESTA is committed to the principles of equal opportunity in employment and their actions in this regard will be governed by the spirit and the intent of the relevant Federal and State legislation. ESTA is also committed to increasing the skill and competency levels of all Employees and to providing equal opportunity for promotion and access to career path progression.
6.2 ESTA will not tolerate discriminatory behaviour, harassment or bullying and appropriate action will be taken if they are found to occur. Comprehensive policies and procedures are in place and will be maintained to address these issues and provide appropriate protection for Employees.
6.3 The Parties covered by this Agreement respect and value the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, gender, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction, social origin, or any other attributes protected by anti-discrimination legislation.
6.4 ESTA recognises the importance of workplace diversity and inclusion. ESTA will strive to create a diverse workforce and an environment that recognises, values, utilises and reflects the diverse society in which we live. In this context, diversity includes cultural diversity, Aboriginal and Torres Strait Islander (First Peoples) identity, sexuality, age, gender identity, ability, neurodiversity and carer responsibilities.
7 OCCUPATIONAL HEALTH & SAFETY AND EMERGENCY WARDENS
7.1 ESTA will train all Employees in safe working practices to ensure they understand their rights and responsibilities to protect their own health and safety and to avoid adversely affecting the health and safety of any other person through any act or omission at work.
7.2 ESTA will ensure that all Occupational Health and Safety (OH&S) Representatives and Emergency Wardens are properly trained (and retrained as appropriate) to enable them to fully perform all their roles and responsibilities as an OH&S Representative under the Occupational Health and Safety Act 2004 (Vic), as amended or replaced from time to time. The trainer and the training course must be appropriately accredited and may be provided by an organisation covered by this Agreement or an organisation that they are affiliated to.
7.3 ESTA will appoint a person to assume the responsibilities of OH&S Officer for ESTA and implementation of ESTA's OH&S Policies and Procedures.
7.4 Each ESTA Centre shall establish and maintain an OH&S Committee, with at least half of the members beirtg Employees, (and, so far as practicable, health and safety representatives or deputy health and safety representatives). The Committee shall meet at least quarterly and be responsible for periodical OH&S audits of the Centres and reports to management. After consultation with local management, an OH&S Representative may invite a relevant Union official to attend the meeting for the purpose of discussing specific safety issues that have not been resolved at the workplace.
8.1 Each Employee will be based at a specific Centre(s) (i.e. their normal work location(s)). Employees may be required to travel or transfer between Centres to the extent needed to effectively carry out the responsibilities of their employment. Such a requirement will not be applied unreasonably, and will have regard to the Employee's personal circumstances. Any travel or transfer will be by mutual agreement as far as possible. No Employee will be required to transfer permanently to or from the Ballarat Centre without their agreement. No Employee will be required to transfer permanently to or from the Williams Landing Centre where it would be unreasonable, having regard to their personal circumstances.
8.2 Additional travei expenses will be reimbursed to Employees requested to attend a location that is not their normal work location.
8.3 Accommodation and meal expenses will, subject to prior approval of the travel, be reimbursed as provided for in ESTA policy and within the limits of the ATO schedule.
8.4 Travel expenses will not be paid where an Employee has accepted a permanent transfer to another Centre, or where the Employee has voluntarily offered/ requested to work temporarily at another Centre.
Private Motor Vehicle Use
8.5 An Employee, required to use his/her private motor vehicle in the course of his/her employment,
will be reimbursed for kilometre costs over and above their normal travel between home and work
incurred in the course of the Employee's employment and authorised by the Employer.
8.6 The Employee must obtain the prior approval of the Employer before using their private motor
vehicle during the course of their employment.
8.7 Following use, the Employee must submit a declaration stating the date, the purpose of the trip,
the number of kilometres travelled over and above their normal travel between home and work
and the type of vehicle used.
8.8 The rates payable in respect of motor kilometre costs will be the standard rates set by the Australian
Tax Office from time to time.
9.1 All new permanent Employees of ESTA will be subject to a probationary period of 6 months.
Confirmation of continuing employment beyond the end of the probationary period will be
provided before the expiry of the probationary period and will be contingent upon satisfactory
performance, satisfactory behaviour and meeting any necessary security clearance or other
specified employment pre-requisites.
9.2 Employees will be monitored, mentored and assisted as necessary in relation to their performance
and behaviour during the probationary period with the view to ensuring they successfully meet all
the requirements for continued employment.
9.3 An Employee's employment may be terminated by ESTA or the Employee at any time during the
probationary period on one weeks' notice or payment in lieu of notice (or a combination of both).
10.1 ESTA acknowledges the positive impact that secure employment has on employees and the
provision of quality services to the Victorian community. ESTA will give preference to direct and
permanent engagement of Employees over labour hire, contractors, and Casual Employees,
whenever reasonably practicable.
10.2 ESTA will manage casual conversion in accordance with the FW Act.
Full-time Employees
10.3 A Full-time Employee is engaged for 38 hours per week, subject to a Flexible Work Arrangement in
clause 12.
Part-time Employees
10.4 A Part-time Employee is engaged for less than 38 hours per week.
10.5 ESTA and a Part-Time Employee will agree on a regular pattern of work, including:
10.6 The regular pattern of work, as agreed under clause 10.5, will be provided to the Employee in
writing at the time the Employee becomes a Part-Time Employee, and may be varied at any time
by mutual agreement in writing.
10. 7 Part-time Employees are paid at the ordinary hourly rate paid to a Full-time Employee for each hour
worked.
10.8 Pay rates will be based on the relevant classification and skill-level for the duties performed.
Casual Employees
10.9 A Casual Employee is engaged to work irregular ~nd/or intermittent hours and is paid on an hourly
basis.
10.10 A Casual Employee is paid at the ordinary hourly rate paid to a Full-time Employee, plus a loading
of 25% for each hour worked. Payment for work performed by a casual employee will be for not
less than three consecutive hours in any day worked.
10.11 Casual Employees are not entitled to paid leave entitlements.
10.12 Pay rates will be based on the relevant classification and skill-level for the duties performed.
11.1 In order to be able to provide for EST A's operational requirements, some Employees shall work on
a roster as prepared by the responsible ESTA representative. This may involve day, afternoon, night
and/or weekend work, unless otherwise specified in existing individual arrangements or agreed
between the Employee and ESTA.
11.2 Where ESTA seeks to change an Employee's, or group of Employees', regular roster or Ordinary
Hours, prior to making any such changes, ESTA will:
11.3 Changes to an Employee's regular roster or Ordinary Hours should not generally be made without
at least four weeks' notice.
11.4 Where ESTA initiates a temporary change of shift for a Shift Worker (e.g. change to a night shift,
weekend shift, public holiday shift or to a rostered day off), and that change takes place within five
days from the date of notification of the change, ESTA will pay the Employee one hour overtime
per day (time and one half) until the five day notice period has elapsed or provide time in lieu (on
the basis of an hour for each hour that would have been paid as overtime).
11.5 The daily rostered hours for a Full-time Employee will generally be a minimum of 7.6 hours and a
maximum of 12 hours.
11.6 Ordinary Hours for non-Shift Workers will be worked on Monday to Friday between 0700 and 1900
hours.
11.7 An unpaid meal break of at least 30 minutes, and no more than 60 minutes, must be taken after
five hours of work.
12. FLEXIBLE WORKING ARRANGEMENTS
12.1 Employees, other than Casual Employees, may request a Flexible Working Arrangement (FWA),
which may include a request for:
12.2 A request made under clause 12.1 is subject to the following:
12.3 A request for an FWA may only be refused where there are reasonable business grounds, which
includes but is not limited to ESTA's operational requirements.
12.4 If an Employee does not agree with EST A's decision not to grant the Employee's FWA request, the
dispute resolution procedure under this Agreement may be invoked. Where this occurs, no change
to working arrangements will be implemented until the dispute procedure is finalised.
12.S An FWA may be terminated in the following circumstances:
13.1 Employees will undertake those duties as outlined in individual job/position descriptions together
with any other reasonable duties which may be assigned to them from time to time which are
within the scope of their training and competence and which comply with any statutory obligations
applicable to the position.
13.2 In addition, Employees shall:
When the allowance applies
14.1 A higher duties allowance will be paid where an Employee is required to undertake all or part of
the duties of a higher classified position for:
Leave while performing higher duties
14.2 Paid leave taken during a higher duties assignment shall be paid inclusive of the allowance, provided
the Employee resumes the duties of the higher duties position on their return from leave.
How the allowance is calculated
14.3 Employees performing higher duties will receive either an additional 10% of top of their normal
salary or the base of the salary band of the higher classified position the Employee is acting in,
whichever is higher.
15.1 Wages including all ordinary time earnings, allowances, shift penalties and Overtime shall be paid
fortnightly into Employee nominated accounts not later than Tuesday following the end of the pay
period (other than in circumstances outside the control of ESTA}.
16.1 For the duration of employment with ESTA, Employees, other than Casual Employees, will not
undertake any other employment, office, or remunerative work, honorary or voluntary activity,
which, could reasonably be considered to in any way impinge upon, detract from, interfere with or
otherwise restrict their ability to effectively and efficiently carry out their ESTA duties and
responsibilities.
16.2 Prior to commencing any activity referred to in sub-clause 16.1, an Employee must advise ESTA of
their intention to do so and obtain EST A's written agreement that the proposed activity does not
offend sub-clause 16.1. Approval will not be unreasonably withheld.
16.3 Employees shall not, for the duration of their employment, set themselves up or engage in private
business or undertake other employment in direct or indirect competition with ESTA, or in any
other way engage in any business or employment, which may lead to a conflict of interest with
ESTA.
17.1 Information other than that generally published and available in the public domain regarding EST A's
business, operations and systems, financial affairs and structures (Confidential Information) is of
value to ESTA and is of a restricted and confidential nature. Employees will not use or disclose any
Confidential Information to any other person, firm or corporation without the previous consent in
writing of ESTA.
17.2 Any intellectual property invented or created by an Employee as a result of their employment with
ESTA shall remain the property of ESTA unless otherwise agreed in writing between ESTA and the
Employee.
17.3 Employees will not be bound by salary confidentiality. This provision is intended to override any
contrary provisions in Employees' written employment contracts.
18.1 ESTA is committed to the maintenance of comprehensive Performance, Development and Review
programme. A key component of that program is the identification of an Employee's development
requirements in relation to their current position and any potential short or long term moves, the
organisation of the identified development and the assessment of its effectiveness. Training may
also be approved outside that formal process where special or unexpected needs arise.
18.2 EST A's support for continuing education is available in accordance with EST A's "Training, Education
and Development" policy. This is subject to the course being approved by ESTA as relevant to the
Employee's career development within ESTA.
19. PERFORMANCE AND DEVELOPMENT REVIEW
19.1 The performance criteria agreed to by an Employee and ESTA shall be specified in the relevant
Position Description and may be varied by agreement between the Employee and ESTA.
19.2 The performance of an Employee shall be subject to review by ESTA at least once every 12 months
as part of the Performance, Development and Review process.
19.3 ESTA shall give the Employee at least 7 days' notice of the date when a performance review is to be
conducted and the review shall be concluded within 2 months from that date.
19.4 Within one month of the conclusion of a performance review, or as soon as is practicable thereafter,
ESTA shall prepare and send to the Employee a statement which sets out:
20.1 The annual salaries for Employees will be increased, as follows:
20.2 The annual salary ranges (excluding superannuation) for Employees employed under this
Agreement will be as follows:
From the first pay period commencing on or after 1 January 2022
20.4 An Employee may enter into a salary sacrifice arrangement, subject to ESTA's policies and
procedures, which may include:
One-off payment - 20 years' service recognition
20.5 Full-time and Part-time Employees who have achieved 20 years' continuous service at the
commencement date of this Agreement will receive a one-off payment of $1,000. The Employee
will not be entitled to the payment if they have already received the like payment under another
ESTA enterprise agreement.
20.6 In the first full pay period following the commencement of the Agreement, one-off payment of
$1000 (exclusive of Superannuation) is to be paid to Employees covered by this Agreement (other
than casual Employees) who have been an Employee in the period since the nominal expiry date of
the Emergency Services Telecommunications Authority Administrative and Support Staff Enterprise
Agreement 2017 as follows:
21. SHIFT PENALTIES (SHIFT WORKERS)
21.1 A Shift Worker will be paid the following penalties in addition to their Base Rate of Pay:
22.1 Overtime is payable for time worked (when approved by the Employee's Manager):
22.2 An Employee may be required to work a reasonable amount of overtime. An Employee may refuse
to work overtime in circumstances where the working of such overtime would result in the
Employee working unreasonable hours, having regard to:
22.3 Overtime worked on any day except a Sunday or Public Holiday or Alternative Public Holiday, is paid
at the rate of time and a half of the Base Rate of Pay for the first two hours and double the Base
Rate of Pay time thereafter, and shall be calculated on a daily basis.
22.4 Overtime worked on a Sunday will be paid at double the Base Rate of Pay.
22.5 Overtime worked on a Public Holiday or Alternative Public Holiday will be paid at triple the Base
Rate of Pay.
22.6 An Employee recalled to work after leaving work shall be paid a minimum of four (4) hours at
applicable Overtime rates. Provided that an Employee who requested to commence work early,
shall be paid Overtime only for the hours worked prior to the normal commencement.
22.7 An Employee may be granted time off normal rostered duty in lieu of Overtime payment, subject
to the following:
22.8 Upon termination of employment, an Employee will be paid out any time in lieu accrued under
clause 22.7 at the Employee's Base Rate of Pay.
22.9 A non-Shift Worker who works Overtime will:
23.1 A meal allowance is payable to an Employee required to work unplanned (i.e. without at least 24
hours' notice) Overtime for at least two (2) hours beyond the end of their normal or Overtime work,
provided the total hburs worked, inclusive of Overtime, is not less than ten (10).
23.2 The meal allowance payable for each instance will be as follows:
24.1 ESTA may require an Employee to be On-Call to perform work outside their Ordinary Hours of duty.
24.2 ESTA will establish, in consultation with the relevant Employees, an On-call roster.
24.3 An Employee may request to be excluded from an On-Call roster where their On-Call responsibilities
may result in the Employee working hours which are unreasonable having regard to:
24.4 An Employee On-Call:
24.5 An Employee that is required to be On-Call, will be paid the following allowance:
24.6 The allowance payable under sub-clause 24.S will constitute total compensation for any
intermittent duty in connection with On-Call performed for up to a total of 30 minutes' work
(whether performed continuously or in separate periods during the On-Call period).
24.7 Work performed in excess of 30 minutes (whether performed continuously or in separate periods
during the On-Call period) where the Employee does not attend the ESTA workplace will be paid as
overtime, however the minimum overtime payment prescribed in clause 22.6 will not apply.
24.8 Where the Employee is required to attend the ESTA workplace, the overtime provisions in clause
22 will apply for the period of attendance at the ESTA workplace.
25.1 Where, as a temporary arrangement in special circumstances, a non-Shift Worker is requested to
and does perform work outside the hours specified in clause 11.6, which is not in excess of their
Ordinary Hours (i.e. 38 hours per week), they will:
25.2 There will not be any deduction from an Employee's pay where an Employee works less than their
weekly ordinary hours as a result of the application of the breaks specified in clause 25.1.
25.3 The overtime provisions of clause 22 will be applied where that work, together with any necessary
rest break, is in excess of their ordinary hours (i.e. 38 hours per week).
25.4 Where ESTA initiates a change as specified in clause 25.1 and that change takes place within 5 days
from the date of notification of the change, ESTA will pay the Employee one hour overtime per day
(time and one half) until the five day notice period has elapsed, or provide time in lieu (on the basis
of an hour for each hour that would have been paid as overtime).
25.5 Where a Shift Worker is required to work a shift that ends after 3am, the Employee will not be
required to attend a shift scheduled to commence that same day, and will not suffer any loss of pay
as a result and will not be required to make up hours.
26.1 Annual leave shall accrue at the rate of 4 weeks per annum. For Continuous Shift Workers, annual
leave shall accrue at the rate of 5 weeks per annum.
26.2 Annual leave shall be taken at a mutually agreed time, as far as practicable, subject to the following:
26.3 Any accrued but untaken annual leave will be paid out on termination of employment.
26.4 Annual leave is paid at the Employee's Base Rate of Pay.
26.5 ESTA and an Employee may agree to the Employee cashing out a particular amount of the
Employee's paid annual leave, subject to the following.
26.6 Where an Employee has an excessive leave accrual, ESTA may give a written direction to the
Employee to take a period or periods of paid annual leave, provided that the direction must not:
26. 7 For the purpose of sub-clause 26.6, an Employee is taken to have an excessive leave accrual if the
Employee:
27.1 A 17.5% annual leave loading is payable in respect of all annual leave that accrues following the
commencement of this Agreement.
27.2 The loading is payable proportionately with each period of leave taken.
27.3 Employees who cease their employment will receive a pro rata payment in lieu in accordance with
their payment for annual leave not taken.
28.1 An Employee is entitled to Long Service Leave on completing 7 years continuous employment with
ESTA (and ECV and Intergraph BEST (Vic) Pty Ltd).
28.2 Where an Employee's employment is ended for any reason, and the Employee has completed at
least 5 but less than 7 years continuous service with ESTA, ECV and Intergraph BEST (Vic) Pty Ltd,
the Employee is entitled to payment of long service leave in respect of that service.
28.3 Long Service Leave shall accrue as follows:
28.4 For the purposes of this Agreement, ordinary pay means the pay that an employee is entitled to
receive on the day on which the employee starts long service leave, calculated on the employee's
normal weekly hours at the employee's ordinary time rate of pay.
28.5 If an ordinary time rate of pay is not fixed for an employee's work under this Agreement, the
employee's ordinary time rate of pay is the greatest of the following:
28.6 Continuity of service for the purpose of calculating Long Service Leave will not be broken by the
employee taking:
28.7 Casual Employees will be entitled to long service leave based on their period of continuous service
provided they meet the conditions set out in section 12 of the Long Service Leave Act 2018 (Vic).
28.8 Long service leave does not include any public holiday or annual leave occurring during the period
when the long service leave is taken.
28.9 An Employee, by agreement with ESTA, may take double the period of leave at half the rate of
pay. The agreement shall have regard to the needs of the Employee and ESTA's operational
requirements. In accordance with the Long Service Leave Act 2018 (Vic), single days of leave may also
be taken.
28.10 For those Employees engaged by ESTA after the commencement of this Agreement, ESTA will
recognise the Employee's service within the Victorian Public Service for long service leave purposes
only, provided that:
28.11 Where recognition of prior service is sought under clause 28.10, the Employee will request funding
to an amount equivalent to the accrued long service leave accrued to be transferred by the
Employee's previous Victorian Public Service employer for accrued long service leave. If this does
not occur, ESTA will recognise the prior service for the purposes of qualifying for long service leave,
but will only recognise service from the commencement of their employment with ESTA for the
purposes of calculating the Employee's long service leave entitlement to be paid.
29.1 A Career Break is an extended period of leave without pay for up to 12 months for purposes such
as:
29.2 In considering your application for a Career Break, the Employer will take into account:
29.3 A request to grant Career Break will not be unreasonably withheld.
29.4 Approval of an application for a career break requires that any available paid leave be taken prior
to the commencement of the leave without pay (exemptions on case by case basis). A Career Break
will be granted by taking into account the Employee's individual circumstances and by mutual
agreement.
29.5 A Career Break does not break your continuity of service but is not to be taken into account in
calculating your service for any purpose. This would include, without limitation, long service leave,
annual leave, redundancy pay, personal/carer's leave and notice of termination. For the avoidance
of doubt, you do not accrue any leave entitlements during any unpaid period of career break.
29.6 During a Career Break, an employee must seek ESTA's approval before being involved in a private
business or engaging in paid employment which may lead to a conflict of interest. Failure to seek
approval may constitute a breach of clause 16.3 of the Agreement and the Employee's employment
obligations and may lead to disciplinary action up to and including termination of employment.
Application
30.1 Full-time, Part-time and Eligible Casual Employees are entitled to Parental Leave under this
clause if:
a) the leave is associated with:
i. the birth of a child of the Employee or the Employee's Spouse; or
ii. the placement of a child with the Employee for adoption; or
iii. the placement of a child under a permanent care order; and
b)the Employee has or will have a responsibility for the care of the child.
Definitions
30.2 Eligible Casual Employee means a Casual Employee:
30.3 Continuous Service is work for the Employer on a regular and systematic basis (ihcluding any
period of authorised leave).
30.4 Child means:
30.5 Primary Caregiver means the person who is the primary carer of a newborn or newly adopted
Child. The primary carer is the person who meets the Child's physical needs more than anyone
else. Only one person can be a Child's primary carer on a particular day.
30.6 Secondary Caregiver means a person who has parental responsibility for the Child but is not the
Primary Caregiver.
30.7 Spouse includes a de facto spouse, former spouse or former de facto spouse.
Summary of parental leave entitlements
30.8 Parental leave entitlements in this clause are summarised in the following table.
Parental leave - Primary Caregiver
30.9 An Employee who has, or will have, completed at least twelve months Continuous Service and
who will be the Primary Caregiver at the time of the birth or adoption of their Child, is entitled
to up to 52 weeks parental leave, comprising:
30.10 An Employee who will be the Primary Caregiver but has not completed at least twelve months
Continuous Service at the time of the birth or adoption of their Child, is entitled to up to 52
weeks unpaid parental leave.
30.11 An Eligible Casual Employee who will be the Primary Caregiver at the time of the birth or
adoption of their Child is entitled to up to 52 weeks unpaid parental leave.
30.12 Only one parent can receive Primary Caregiver parental leave entitlements in respect to the
birth or adoption of their Child. An Employee cannot receive Primary Caregiver parental leave
entitlements:
30.13 A period of parental leave taken in accordance with this clause must be for a single continuous
period.
Parental leave - Secondary Caregiver
30.14 An Employee who has, or will have, completed at least twelve months Continuous Service and
who will be the Secondary Caregiver at the time of the birth or adoption of their Child, is
entitled to up to 2 weeks paid parental leave. An Eligible Casual Employee may take 2 weeks
unpaid parental leave.
30.15 Only one parent can receive Secondary Caregiver parental leave entitlements in respect to the
birth or adoption of their Child.
30.16 An Employee cannot receive Secondary Caregiver parental leave entitlements where the
Employee has received Primary Caregiver parental leave entitlements in relation to their Child.
Pre-adoption leave
30.17 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.
30.18 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.
30.19 Where paid leave is available to the Employee, the Employer may require the Employee to take
such leave instead.
30.20 The Employer may require the Employee to provide satisfactory evidence supporting the leave.
Permanent care leave
30.21 If, pursuant to the Children, Youth and Families Act 2005 (Vic) or any successor to that legislation,
an Employee (other than a casual Employee), is granted a permanent care order in relation to the
custody or guardianship of a child and the Employee is the Primary Caregiver for that child, the
Employee will be entitled to 14 weeks' at full pay (or 28 weeks at half pay) paid leave at a time to
be agreed with the Employer.
Continuing to work while pregnant
30.22 The Employer may require a pregnant Employee to provide a medical certificate stating that the
Employee is fit to work their normal duties where the Employee:
30.23 The Employer may require the Employee to start p_arental leave if the Employee:
a) does not give the Employer the requested certificate within seven days of the request; or
gives the Employer a medical certificate stating that the Employee is unfit to work.
Personal/carer's leave
30.24 A pregnant Employee, not then on parental leave, who is suffering from an illness whether related
or not to the pregnancy, may take any paid and/or unpaid personal/carer's leave in accordance
with clause 33.
Transfer to a safe job
30.25 Where an Employee is pregnant and, in the opinion of a registered medical practitioner, illness
or risks arising out of the pregnancy or hazards connected with the work assigned to the
Employee make it inadvisable for the Employee to continue at their present work, the Employee
will be transferred to a safe job with no other change to the Employee's terms and conditions of
employment until the commencement of parental leave.
30.26 If there is no safe job available, the employee is entitled to take paid no safe job leave, or the
Employer may require the Employee to take no safe job paid leave immediately for a period
which ends at the earliest of either:
30.27 The entitlement to no safe job leave is in addition to any other leave entitlement the Employee
has.
Special parental leave
30.28 Where the pregnancy of an Employee not then on parental leave terminates other than by the
birth of a living child after the completion of 20 weeks, the Employee is entitled to paid special
maternity leave not exceeding the amount of paid parental leave available under clause 30.8 and
thereafter, to unpaid special maternity leave.
Notice and evidence requirements
30.29 An Employee must give at least 10 weeks written notice of the intention to take parental leave,
including the proposed start and end dates. At this time, the Employee must also provide a
statutory declaration stating:
30.30 At least four weeks before the intended commencement of parental leave, the Employee must
confirm in writing the intended start and end dates of the parental leave, or advise the Employer
of any changes to the notice provided in clause 30.29, unless it is not practicable to do so.
30.31 The Employer may require the Employee to provide evidence which would satisfy a reasonable
person of:
30.32 An Employee will not be in breach of this clause if failure to give the stipulated notice is
occasioned by confinement or placement occurring earlier than the expected date or in other
compelling circumstances. In these circumstances the notice and evidence requirements of this
clause should be provided as soon as reasonably practicable.
Commencement of parental leave
30.33 An Employee who is pregnant may commence Primary Caregiver parental leave at any time within
14 weeks prior to the expected date of birth of the Child. The period of parental leave must
commence no later than the date of birth of the Child.
30.34 In all other cases, Primary Caregiver parental leave commences on the day of birth or placement
of the Child.
30.35 Secondary caregiver parental leave may commence on the day of birth or placement of the Child.
30.36 The Employer and Employee may agree to alternative arrangements regarding the
commencement of parental leave.
30.37 Unless otherwise agreed, any entitlement to paid parental leave will be paid from the date of
commencement of parental leave.
Single period of parental leave
30.38 Parental leave is to be available to only one parent at a time, in a single unbroken period, except
in the case of concurrent leave.
Employee couple - concurrent leave
30.39 Two Employees covered by this Agreement may take up to 2 weeks of concurrent leave in
connection with the birth or adoption of their Child. For Full-time and Part-time, one week of
these 2 weeks is paid leave and 1 week is unpaid. For Eligible Casual Employees, the 2 weeks are
unpaid.
30.40 Concurrent leave may commence one week prior to the expected date of birth of the Child or the
time of placement in the case of adoption.
Parental leave and other entitlements
30.41 An Employee may in lieu of or in conjunction with parental leave, access any annual leave or long
service leave entitlements which they have accrued subject to the total amount of leave not
exceeding 52 weeks or a longer period as agreed under clause 30.48.
30.42 Where a Public Holiday occurs during a period of paid parental leave, the Employee will receive
payment as per clause 36.3 at their Hourly Rate of Pay (pro-rated for Part-time Employees based
on their Ordinary Hours).
30.43 Unpaid parental leave under clauses 30.11, 30.14, 30.47 and 30.61 shall not break an Employee's
continuity of employment. While on unpaid parental leave, no annual leave or personal/carer's
leave accrues.
30.44 Paid personal/carer's leave is not available during unpaid parental leave.
Keeping in touch days
30.45 During a period of parental leave an Employer and Employee may agree to perform work for the
purpose of keeping in touch in order to facilitate a return to employment at the end of the period
of leave.
30.46 Keeping in touch days must be agreed and be in accordance with section 79A of the FW Act.
Extending parental leave
30.4 7
Extending the initial period of parental leave
30.48 Right to request an extension to parental leave
30.49 Total period of parental leave
Calculation of pay for the purposes of parental leave
30.50 The calculation of weekly pay for paid parental leave purposes will be based on the average
number of ordinary hours worked by the Employee over the past six months. The calculation will
exclude periods of unpaid parental leave.
30.51 The average number of weekly hours worked by the Employee, determined in accordance with
clause 30.50 above, will be then applied to the annual salary applicable to the Employee's
classification and salary point at the time of taking parental leave to determine the actual rate of
pay whilst on parental leave.
30.52 Despite 30.50, an Employee who reduces the time fraction they work to better cope during
pregnancy will not have their subsequent paid parental leave reduced accordingly.
30.53 The Employee may elect to take any paid parental leave entitlement at half pay for a period equal
to twice the period to which the Employee would otherwise be entitled.
Commonwealth Paid Parental Leave
30.54 Paid parental leave entitlements outlined in this clause are in addition to any payments which
may be available under the Commonwealth Paid Parental Leave Scheme.
Returning to Work
30.55 Returning to work early
30.56 Returning to work at conclusion of leave
30.57 Returning to work at a reduced time fraction
Consultation and communication during Parental Leave
30.58 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:
30.59 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.
30.60 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 30.58.
Extended Family Leave
30.61 An Employee who is the Primary Caregiver and has exhausted all parental leave entitlements may
apply for unpaid Extended Family Leave as a continuous extension to their parental leave taken
in accordance with this clause. The total amount of leave, inclusive of parental leave taken in
accordance with this clause cannot exceed seven years.
30.62 The Employee must make an application for Extended Family Leave each year.
30.63 An Employee will not be entitled to paid parental leave whilst on Extended Family leave.
30.64 Upon return to work the Employer may reallocate the Employee to other duties.
Replacement Employees
30.65 A replacement Employee is an Employee specifically engaged or temporarily acting on higher
duties or transferred, as a result of an Employee proceeding on parental leave.
30.66 Before an Employer engages a replacement Employee the Employer must inform that person of
the temporary nature of the employment and of the rights of the Employee who is being replaced.
Casual Employees
30.67 The Employer must not fail to re-engage a casual Employee because the Employee has accessed
parental leave in accordance with this clause. The rights of the Employer in relation to
engagement and re engagement of casual Employees are not affected, other than in accordance
with this clause.
31. ASSISTED REPRODUCTIVE TREATMENT LEAVE
31.1 A Full-time or Part-time Employee who is undergoing assisted reproductive treatment is entitled to
40 hours of paid leave per year to attend appointments associated with the treatment.
31.2 A Full-time or Part-time Employee whose partner is undergoing assisted reproductive treatment is
entitled to 20 hours of paid leave per year to attend appointments.
31.3 Appropriate evidence of an appointment may be requested from Employees accessing the above
entitlements.
32.1 An employee (other than a Casual Employee) shall be entitled to a maximum of four days/ shifts
paid leave on each occasion a member of the Employee's Immediate Family {excluding their aunt
or uncle) or a member of the Employee's household:
32.2 An employee (other than a Casual Employee) shall be entitled to a maximum of one day/ shift's
paid leave on each occasion an aunt or uncle:
32.3 If requested by ESTA, the Employee must provide a medical certificate, statutory declaration or
death notice as evidence that the leave is taken for the specified purpose.
32.4 The days / shifts may be taken as a consecutive period or four separate days/shifts and, on the
occasion of a death, must coincide with the death and/or the funeral.
32.S At the discretion of the Executive Director of People & Culture:
32.6 Compassionate leave is paid at the Employee's Base Rate of Pay.
32.7 Casual Employees are only entitled to compassionate leave without pay.
33.1 An Employee {other than a Casual Employee) is entitled to 125.4 hours personal/carer's leave per
year (pro rata for Part-time Employees) on the following basis:
33.2 Personal/carer's leave is paid at the Employee's Base Rate of Pay.
33.3 If an Employee:
33.4 An Employee who is covered by this Agreement by virtue of their secondment from ESTA's
operations to support office for a period less than 6 months, will continue to accrue
personal/carer's leave in accordance with the enterprise agreement that applies to the Employee's
substantive role.
33.5 An Employee's entitlement to paid and unpaid personal/carer's leave is subject to:
Personal Leave
33.6 An Employee may take paid personal leave because he or she is not fit for work because of a
personal illness or personal injury affecting the Employee.
33.7 ESTA will provide a dedicated area where an Employee who is ill can rest in privacy and comfort in
accordance with relevant Work Health and Safety legislation.
Carer's Leave
33.8 An Employee may take carer's leave to provide care or support to a member of the Employee's
Immediate Family, or a member of the Employee's household who requires care or support because
of:
33.9 An Employee shall not take carer's leave under this clause where another person has taken leave
to care for the same person.
33.10 Carer's leave may be taken for part of a single shift/day.
33.11 For Casual Employees, carer's leave is unpaid leave.
34.1 An Employee may request to donate up to 48 hours of their accrued but untaken personal leave to
a nominated ESTA employee who is suffering from a serious personal illness or injury, provided that
the donating Employee retains a minimum balance of 96 hours personal leave (pro-rata for Part
time Employees), and subject to the following:
34.2 Any request under clause 34.1 must be made in writing and is subject to written approval of the
donating Employee's Manager (such approval will not be unreasonably withheld).
General Principle
35.1 ESTA recognises that Employees sometimes face situations of violence or abuse in their personal
life that may affect their attendance or performance at work. Therefore, ESTA is committed to
providing support to Employees that experience Family Violence.
35.2 Leave for Family Violence purposes is available to Employees who are experiencing Family Violence
to allow them to be absent from the workplace to attend counselling appointments, legal
proceedings and other activities related to, and as a consequence of, Family Violence.
Definition of Family Violence
35.3 Family Violence includes physical, sexual, financial, verbal or emotional abuse by a family member
as defined by the Family Violence Protection Act 2008 (Vic) (as may be amended from time to time).
Eligibility
35.4 Leave for Family Violence purposes is available to all Employees with the exception of Casual
Employees.
35.5 Casual Employees are entitled to access leave without pay for Family Violence purposes.
General Measures
35.6 Evidence of Family Violence may be required and can be in the form of an agreed document issued
by the Police Service, a Court, a registered health practitioner, a Family Violence Support Service,
district nurse, maternal and health care nurse, Lawyer, or a statutory declaration.
35.7 All personal information concerning Family Violence will be kept confidential in line with ESTA's
policies and relevant legislation. No information will be kept on an Employee's personnel file
without their express written permission.
35.8 No adverse action will be taken against an Employee if their attendance or performance at work
suffers as a result of experiencing Family Violence.
35.9 ESTA will commit to introducing contact/s within the workplace who will be trained in Family
Violence and associated privacy issues. ESTA will advertise the name of any Family Violence
contacts within the workplace.
35.10 An Employee experiencing Family Violence may raise the issue with their immediate supervisor,
Family Violence contacts, union delegate or a People & Culture representative. The immediate
supervisor may seek advice from People & Culture if the Employee chooses not to see the People
& Culture or Family Violence contact.
35.11 Where requested by an Employee, the People & Culture contact will liaise with the Employee's
manager on the Employee's behalf, and will make a recommendation on the most appropriate form
of support to provide in accordance with clauses 35.13 to 35.19.
35.12 The Employer will develop guidelines to supplement this clause which details the appropriate action
to be taken in the event that an Employee reports Family Violence.
Leave
35.13 An Employee experiencing Family Violence will have access to 20 days per year of paid special leave
for medical appointments, legal proceedings and other activities related to Family Violence (this
leave is not cumulative but if the leave is exhausted consideration will be given to providing
additional leave). This leave will be in addition to existing leave entitlements and may be taken as
consecutive or single days or as a fraction of a day and can be taken without prior approval.
35.14 An Employee who supports a person experiencing Family Violence may utilise their personal/carer's
leave entitlement to accompany that person to court, to hospital, or to care for children. ESTA may
require evidence consistent with clause 35.13 from an Employee seeking to use their
personal/carer's leave entitlement under this sub-clause.
Individual Support
35.15 In order to provide support to an Employee experiencing Family Violence and to provide a safe work
environment to all Employees, ESTA will approve any reasonable request from an Employee
experiencing Family Violence for:
36.1 Public Holiday means any of the following:
36.2 If, under a law of Victoria, a day or part day is substituted for a day or part day that would otherwise
be a public holiday under clause 36.1, then the substitute day or part day is to be observed as the
public holiday, subject to the following:
36.3 A Full-time or Part-time Employee that would ordinarily work on the day on which a Public Holiday
falls but is not required to work on that day, will be entitled to that day off work paid at the Base
Rate of Pay for the number of ordinary hours the Employee would have worked but for the Public
Holiday.
36.4 To determine whether an Employee would have ordinarily worked on the Public Holiday, reference
will be made to the Employee's ordinary roster cycle, and not temporary changes (e.g. to cover
personal or annual leave, or agreed shift swaps).
36.5 For pay and overtime payment purposes, individual Employees may, with the specific approval of
their Manager, substitute another day of religious significance for Good Friday, Easter Saturday,
Easter Monday and/ or Christmas Day.
36.6 Where an Employee works Ordinary Hours on a Public Holiday, they will be entitled to triple the
Base Rate of Pay.
37. CULTURAL AND CEREMONIAL LEAVE
NAIDOC Week Leave
37 .1
An Employee of Aboriginal or Torres Strait Islander descent is entitled to one day of paid leave per
calendar year to participate in National Aboriginal and Islander Day Observance Committee
(NAIDOC) week activities and events. For Casual Employees, the leave is unpaid.
37.2 NAIDOC week leave will not accrue from year to year and will not be paid out on termination of the
employment of the Employee.
Leave to attend Aboriginal or Torres Strait Islander community meetings
37.3 The Employer may approve attendance during working hours by an Employee of Aboriginal or
Torres Strait Islander descent at any community meetings, except the Annual General Meetings of
Aboriginal community organisations at which the election of office bearers will occur. For Casual
Employees, the leave is unpaid.
Leave to attend Annual General Meetings of Aboriginal community organisations
37.4 The Employer may grant an Employee of Aboriginal or Torres Strait Islander descent accrued annual
or other leave to attend Annual General Meetings of Aboriginal or Torres Strait Islander community
organisations at which the election of office bearers will occur.
Ceremonial leave
37.5 Ceremonial leave will be granted to an Employee of Aboriginal or Torres Strait Islander descent for
ceremonial purposes:
37.6 Where ceremonial leave is taken for the purposes outlined in clause 37 .5, up to three days in each
year of employment will be with pay. For Casual Employees, the leave is unpaid. Paid ceremonial
leave will not accrue from year to year and will not be paid out on termination of the employment
of the Employee.
37.7 Ceremonial leave granted under clauses 37.5-37.6 is in addition to compassionate leave granted
under clause 32.
38.1 ESTA must make employer contributions to the superannuation fund designated by the Employee
in accordance with the relevant Commonwealth Government superannuation legislation (provided
the fund designated by the employee can receive funds by electronic funds transfer).
38.2 An Employee may elect to contribute to their superannuation fund by way of pre-tax salary sacrifice
in accordance with and within the limits of superannuation and taxation legislation and regulations.
There is agreement in principle to the concept of job sharing, provided it is by mutual agreement and
arrangement on a case by case basis under conditions agreed with the Head of the People and Culture
Department. Provided further, that any such agreed arrangement is cost neutral as far as practicable to
ESTA for the shared position.
40.1 Where an Employee is injured and compensation is paid under Victorian worker's compensation
legislation, EST A 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 (which excludes
overtime, penalties, loadings and allowances) at the date of injury.
40.2 The maximum period of payment of accident makeup pay is fifty-two (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.
41.1 An Employee Representative nominated in accordance with clause 51 must be granted up to a
maximum of five (5) days in any one calendar year to attend an industrial/workplace relations
training course.
41.2 Further periods of leave may only be granted by the Executive Director, People & Culture.
41.3 Leave granted pursuant to this clause, including any related additional leave, will be subject to the
workplace requirements, but will not be unreasonably refused.
41.4 If the full quantum of training leave prescribed in sub clause 41.1 is not utilised in the calendar year
as specified, it may be utilised in part or in total in the following year.
42.1 Employees who primarily perform duties on the operations floor and/or reception are required,
whilst on duty, to dress in the ESTA uniform, where provided.
42.2 All Employees must display on their person their photo identification as provided by ESTA.
43.1 It is a condition of employment that Employees shall not be on ESTA 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.
43.2 If working in a Centre or working on activities which involve interfacing with members of the public
or Emergency Services Organisations or working on activities directly impacting on the current
provision of emergency communications services, an Employee must not have a blood alcohol level
exceeding zero.
44. ESTA POLICIES, PROCEDURES AND PROTOCOLS
44.1 ESTA shall ensure that all relevant policies, procedures and protocols are communicated in writing
to Employees and will be available on the intranet.
44.2 Employees shall familiarise themselves with and abide by ESTA policies and procedures. However,
such policies and procedures (including those expressly referred to in this Agreement), do not form
a term of this Agreement.
45.1 A Consultative Committee of the Union and ESTA's representatives will meet as a formal means of
consulting regarding significant matters which impact, or may impact on Employees.
45.2 For the avoidance of doubt, consultation means the full, meaningful and frank discussion of
issues/proposals and the consideration of each party's views.
45.3 The Consultative Committee shall consist of:
45.4 The Consultative Committee shall meet at least four times per year.
45.5 An Employee participating in consultation as a Union representative will be released from work to
attend.
46.1 Where ESTA intends to carry out a substantial change in its operations, including:
46.2 Thereafter, appropriate consultation (including on termination and change), will occur between the
parties. ESTA must give genuine consideration to all matters raised by Employees and/or their
representatives/Union and give due consideration to any alternative proposals before making any
decisions regarding the changes.
46.3 ESTA will respond to any alternative proposals in writing providing reasons for their rejection or
acceptance of the proposal or part thereof.
46.4 Where, after consultation, the proposed change/sis/are to be implemented, ESTA will provide all
the training and assistance necessary to assist the Employee/s to meet their performance objectives
in the changed environment.
47.1 Any dispute or grievance:
Step 1
The dispute or grievance must first be discussed by the affected Employee(s) with his or her
Manager.
Step2
If not settled at Step 1, the Employee(s) may then request a representative, who may be a Union
representative, to be present and the dispute or grievance shall be discussed with the relevant
Department Head.
Step 3
If the dispute or grievance still remains unresolved after Step 2, it shall be referred to the Head of
the People and Culture, or such appropriate ESTA representative as shall be appointed by the Head
of the People and Culture.
47 .2 If after following steps in sub-clause 47 .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.
47.3 Employee(s) shall be entitled to have a representative, who may be a Union representative, present
at any or all steps in this procedure.
47.4 The steps in sub-clause 47.1, as far as reasonably practicable, will take place within 14 calendar
days.
47.S During the disputes resolution process, both ESTA and the Employee(s) who raised the dispute or
grievance shall co-operate to ensure that these procedures are carried out expeditiously.
47.6 Until the dispute or grievance is determined, work shall continue normally in accordance with the
existing work practices before the dispute or grievance arose.
47.7 No party shall be prejudiced as to the final settlement by the continuance of work in accordance
with this procedure.
47.8 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 sub-clause 4 7 .6.
48.1 Subject to clause 9.3, an Employee's employment may be terminated by either ESTA or an
Employee on the giving of four (4) weeks' written notice, or, at ESTA's discretion, payment in lieu
of notice for all or part of the notice period.
48.2 Where ESTA provides notice of termination, the period of notice is increased by one week if the
Employee is over 45 years of age and has completed more than five years' continuous service.
48.3 At the date of termination of employment, the Employee must return to ESTA:
48.4 There is no requirement for ESTA to provide notice of termination of employment if:
49.1 If, during or after this Agreement, the business (including a part of the business) is transmitted from
the employer ("transmitter") 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
transmitter in that business, becomes an employee of the transmittee:
50.1 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.
50.2 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.
50.3 Subject to clauses 50.1 and 50.2 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.
51.1 Employees may, by majority vote, appoint an Employee as an Employee Representative. ESTA must
be notified of any appointed Employee Representative.
51.2 The relevant Union may, in accordance with their Rules, appoint an Employee as an Employee
Representative. ESTA must be notified in writing of any appointed Employee Representative.
51.3 Subject to clause 51.4 an Employee Representative appointed in accordance with this clause will be
granted the necessary access to the workplace and paid time during working hours to exercise their
functions as customarily observed in the organization, including advice, assistance, support,
representation to Employees on local, industrial and employment issues, including disputes and
grievances.
51.4 An Employee Representative can only exercise their functions under clause 51.3 if they have:
51.5 An Employee Representative can only exercise their functions under clause 51.3 at another section
or place of work if they have notified the Manager of that section or place of work of the:
51.6 The approval referred to in clause 51.4(a) will not be unreasonably withheld.
51.7 The Employee Representative must also inform the /Manager of their departure upon concluding
their visit.
52.1 A dispute about a disciplinary matter will be dealt with under clause 47 "Settlement of Disputes".
52.2 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.
53. INDIVIDUAL FLEXIBILITY ARRANGEMENTS
53.1 ESTA and an Employee may agree to make an individual flexibility arrangement (IFA) to vary the
effect of terms of the Agreement if:
53.2 The terms of an IFA must:
53.3 Any IFA that is entered into must:
53.4 The Employee will be provided with a copy of the IFA within 14 days after it is agreed to.
53.5
Either party may terminate an IFA:
An insurance cover for professional indemnity is provided for all Employees. The cost is borne by ESTA.
ESTA will maintain a Peer Support Program during the life of the Agreement.
ESTA 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, ESTA 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.
57.1 leave may be granted to an Employee without loss of pay for up to four hours to visit the Red
Cross Blood Bank as a donor once every twelve weeks.
57.2 The Employer may request the Employee to provide satisfactory evidence to support the taking of
leave for blood donations. Satisfactory evidence may include a certificate of attendance from the
Red Cross Blood Bank, a statutory declaration or other relevant documentary evidence to the
reasonable satisfaction of the Employer.
The Employees, the Employer and a Union covered by this Agreement agree that they will not, for the
period from the date of commencement of this Agreement until its nominal expiry date, make claims for
the making of an enterprise agreement under the FW Act, whether in relation to matters dealt with in this
Agreement or otherwise.
1. All Position Descriptions for roles will be available on the intranet and the classification of roles
will be assessed using the Mercer CED Job Evaluation system.
2. The job evaluation assessment is used to assign a salary banding between 1-7 as per clause 20
(Remuneration) and this Schedule A.
3. Once a role is assigned to a salary band, the specific remuneration for a particular role and
particular Employee is determined by EST A following the process outlined in Schedule B to this
Agreement.
4. Following the commencement of the Agreement, ESTA will develop and publish a set of guidelines
further elaborating on the process undertaken to determine how particular roles are
remunerated within salary bands. The guidelines will include an explanation of the Mercer CED
Job Evaluation system and the criteria set out in the process outlined in Schedule B.
5. ESTA will consult with the Union in relation to the content of guidelines and will endeavour to
finalise and publish the guidelines within the first 6 months of the commencement of the
Agreement.
6. Once developed, ESTA will maintain the guidelines for the life of the Agreement.
7.ESTA, the Union and the IBR for this Agreement (Mark Lane- Manager, Management
Information and Reporting) commit to working to co-design a new classification structure based
on agreed guiding principles over the life of the Agreement. Terms of reference will be agreed
within the first 12 months of the Agreement and will include consideration of the Victorian
Public Sector and Emergency Service Agency standards.
Band 1
Role Profile
Positions at this level are typically administrative in nature. The primary focus of Band 1 roles is to
complete regular and routine administration and/or processing type work that is governed by
established procedures.
Features
Positions are typically operational and administrative in nature.
Knowledge, Skills and Experience Requirements
Knowledge is required through secondary education combined with work experience.
Indicative Roles
Administration Officer
Band 2
Role Profile
Positions at this level perform secretarial, operational, technical or administrative work in a standard
and/or routine way to meet clearly defined objectives. Examples include scheduling activities,
providing technical/procedural assistance, gathering information, assessing content and processing.
Features
Positions require specific technical and/or subject matter knowledge of an organisational
function.
Knowledge, Skills and Experience Requirements
Knowledge is required through secondary education combined with work experience. For
some positions in Band 2, technical qualifications are required.
Indicative Roles ú
Executive Assistant
Band 3
Role Profile
Positions at this level require knowledge and experience in a relevant discipline or technical area to
work across a range of tasks within an organisational function. Roles require the application of
specialist training or significant work experience and/or vocational training.
Features
Positions are required to utilise and apply education, training and/or industry standards to their
work.
Knowledge, Skills and Experience Requirements
New graduates with some work experience or demonstrated capability to apply advanced
technical skills through an advanced Certificate, Diploma, vocational training or work
experience.
Indicative Roles
Management Accountant
Band 4
Role Profile
Positions at this level provide specialist advice within their discipline and/or manage a service or work
teams. Positions are typically entry level professional or management positions that require the
application of specialist training or significant work experience and/or vocational training. Positions at
this level have responsibility in managing specific portfolios and providing project management support
on projects within their work area.
Features
Manages and integrates a diverse and/or unrelated range of tasks within an activity or activities
Knowledge, Skills and Experience Requirements
Requires demonstrated experience and competence in appropriate area of work responsibility
to apply established technical, professional, administrative or commercial disciplines.
Indicative Roles
Centre Support Manager
Band 5
Role Profile
Experienced specialists providing advice in a specific discipline, or leaders of a team or service. Positions
at this level are typically professional or management positions that require the application of specialist
training or significant work experience and/or vocational training, or experienced professionals.
Positions at this level have the responsivity of supervision, reviewing work, assigning work and are
accountable for the advice, integrity and outputs provided.
Features
Manages a work unit or program, and the integration of activities within a function.
Knowledge. Skills and Experience Requirements
Demonstrated experience and competence in appropriate area of work responsibility.
Indicative Roles
Assistant Centre Manager
Band 6
Role Profile
Positions at this level are typically experienced management positions that are recognised specialists
in a professional discipline. Positions implement change within their portfolio for methods or processes
without executive approval.
Band 6 Features
Responsible for a complex specialised portfolio that requires specialist knowledge and
expertise.
Knowledge, Skills and Experience Requirements
Tertiary qualified with extensive work experience.
lndicative Roles
Managers of work areas
Band 7
Role Profile
Positions are senior managers or positions that are highly specialised in a particular discipline and lead
their division. Typically, they require substantial experience and professional credibility in order to
drive and implement change within their function.
Band 7 Features
Positions at this level are responsible for the management of a function or specific technical
area that requires specialist knowledge and training in a particular discipline.
Knowledge, Skills and Experience Requirements
Tertiary degree and extensive work experience paired with specialised knowledge and in some
cases a post graduate qualification.
Indicative Roles
Chief Data Scientist
SCHEDULE B - OVERVIEW OF PROCESS FOR DETERMINING REMUNERATION WITHIN A BAND
1. The flow chart below outlines the process that ESTA will use to determine specific
remuneration within a salary band.
2. The process outlined will be used to determine a salary range which will be advertised
for any vacancies. The range would not normally exceed 10%. The range will also be
included in the Position Descriptions of roles when they are updated or advertised.
Signed on behalf of ESTA
Signed on behalf of the Union
Signed on behalf of the Independent Bargaining Representative
a)
the hours worked each day (including starting and finishing time);
b)
the days of the week the Employee will work; and
c) a minimum daily engagement of four consecutive hours.
a)
provide information to affected Employee/sand their representative about the change;
b)
invite the Employee/s and their representative to give their views about the impact of the
change;and
c) consider any views given by the Employee/s or their representative about the impact of the
change with a view to reaching agreement in relation to the change, as far as practicable.
a) work from home;
b) compressed hours;
c) a 19 day month; or
d) 9 day fortnight.
a) all requests for an FWA must be made in writing to the Employee's manager, setting out:
(i) the proposed arrangement;
(ii) why the Employee is seeking the FWA;
(iii) the effect the proposed FWA may have on the Employee's department and/or team
and how any potential adverse effects could be addressed;
b) such requests will be assessed in accordance with ESTA's flexible working arrangements
guidelines;
c) a written response will be provided within 21 days, stating whether or not the request is
granted (which may be on a trial basis for an agreed period) or refused and, if refused, the
reason for the refusal.
a) at any time by mutual agreement;
b) immediately after a trial-period, if ESTA determines that, on reasonable business grounds, the
FWA cannot continue;
c) on four weeks' written notice by the Employee;
d) on four week's written notice by ESTA, which sets out the reasonable business grounds
supporting the termination of the FWA; or
e)immediately upon the Employee's transfer to a different role/position or change of employment
status.
a) exercise such powers, authority and discretion in relation to the business of ESTA as may from
time to time be delegated to them;
b) in the discharge of their duties and the exercise of their powers, authority and discretion,
conform to, observe and comply with the directions, restrictions and regulation of ESTA, made
or given from time to time;
c) comply with all legal requirements, statutory or otherwise pertaining to their position and
responsibilities;
d) at all times comply with all lawfu'I orders and instructions given to them by ESTA or an
authorised delegate of ESTA; and
e) faithfully serve ESTA and at all times use their best endeavours to promote the interest of ESTA.
a}
a period of five or more consecutive working days; or
b}
where the Employee works in the higher classified position on a regular and systematic basis.
(a) EST A's conclusions about the Employee's performance during the period which is the subject
of the performance review;
(b) any directions or recommendations made by ESTA to the Employee in relation to the
Employee's future performance of the duties of the position; and
(c) any proposal by ESTA to vary the performance criteria as a consequence of the performance
review.
From the first pay period commencing on or after 1 January 2022 2%
From the first pay period commencing on or after 31 December 2022 2%
From the first pay period commencing on or after 30 December 2023 2%
From the first pay period commencing on or after 28 December 2024 2%
Band 1 $ 60,504 $ 96,806
Band 2 $ 78,655 $114,958
Band 3 $ 96,806 $133,109
Band 4 $114,958 $151,260
Band S $133,109 $169,411
Band 6 $151,260 $187,563
Band 7 $169,411 $200,331
From the first pay period commencing on or after 31 December 2022
Band 1 $ 61,714 $ 98,742
Band 2 $ 80,228 $117,257
Band 3 $ 98,742 $135,771
Band 4 $117,257 $154,285
Band S $135,771 $172,799
Band 6 $154,285 $191,314
Band 7 $172,799 $204,338
From the first pay period commencing on or after 30 December 2023
Band 1 $ 62,949 $100,717
Band 2 $ 81,833 $119,602
Band 3 $100,717 $138,487
Band 4 $119,602 $157,371
Band S $138,487 $176,255
Band 6 $157,371 $195,140
Band 7 $176,255 $208,424
From the first pay period commencing on or after 28 December 2024
Band 1 $ 64,208 $102,731
Band 2 $ 83,470 $121,994
Band 3 $102,731 $141,256
Band 4 $121,994 $160,518
Band S $141,256 $179,780
Band 6 $160,518 $199,043
Band 7 $179,780 $212,593
20.3 The payment of individual salaries is subject to the Employee at all times being ready, willing and
able to perform and performing their duties, in accordance with the provisions of clause 13.
- Motor Vehicle (Novated Lease);
- Employee Superannuation contributions.
A minimum of fifty percent (50%) of an employee's Remuneration Package must be taken as
monetary remuneration except in exceptional circumstances as agreed by ESTA.
(a) for Full-time Employees who were employed prior to 30 June 2021 - $1000;
(b) for Part-time Employees who were employed prior to 30 June 2021, a pro rata amount
proportional to their contracted hours;
(c) for Full-time Employees who commence employment between 1 July 2021 and the
commencement date of the Agreement, a pro-rata amount proportional to their completed
continuous service since 1 July 2021; and
(d) for Part-time Employees who commence employment between 1 July 2021 and the
commencement date of this Agreement, a pro rata amount proportional to their completed
service since 1 July and their contracted hours.
SHIFT LOADING
Monday to Friday (all ordinary hours outside 7:00am to 7:00pm) 25%
Saturday (all ordinary hours) 50%
Sunday (all ordinary hours) 100%
Public holidays (all ordinary hours) 150%
21.2 Clause 21.1 does not apply to Employees engaged as an Assistant Centre Manager (including by
way of secondment).
(a) outside an Employee's daily rostered hours;
(b) for Full-time and Part-time Employees, in excess of 38 Ordinary Hours per week; or
(c) for Full-time and Part-Time Employees, other than Shift Workers, hours worked outside the
range of Ordinary Hours prescribed in clause 11.6.
(a) any risk to Employee health and safety;
(b) the Employee's personal circumstances, including family responsibilities;
(c) the needs of the workplace;
(d) the notice (if any) of the Overtime given by ESTA and by the Employee of his/her intention to
refuse it; and
(e) any other relevant matter.
(a) the accrued time in lieu must be approxed, accrued and recorded in accordance with ESTA's
policy and procedure;
(b) the time off granted will be no more than the actual time worked;
(c) an Employee may bank a maximum of 76 hours in total; and
(d) the time off must be taken at a time agreed between the Employee and the relevant
manager, and must take into consideration operational requirements;
(e) the granting of the time off will not be unreasonably refused.
(a) be required to have a break of 10 hours between the completion of the Overtime and the
resumption of Ordinary Hours; or
(b) if the Overtime is completed after 3am, and they have attended the ESTA workplace, not be
required to attend work the next day, or be required to make up hours.
(a) On commencement of the Agreement - $24.85.
(b) From the pay period commencing on or after 31 December 2022 - $25.34.
(c) From the pay period commencing on or after 30 December 2023 - $25.85.
(d) From the pay period commencing on or after 28 December 2024 - $26.37.
(a) any risk to the Employee's health and safety;
(b) the Employee's personal circumstances including family responsibilities;
(c) the needs of the workplace; and
(d) any other relevant matter.
Such a request will not be unreasonably refused.
(a) must be able to be contacted immediately by an agreed means of communication;
(b) must be able to travel to their usual place or places of work within a reasonable time; and
(c)must be fit for duty.
On thefirst pay period commencing on or after
On commencement 31 December 31 December 31 December
of Agreement 2022 202 2024
Per Night $40.00 $40.80 $41.62 $42.45
(Monday to
Friday)
Per Day/Night $70 $71.40 $72.83 $74.28
(Weekends
and Public
Holidays)
(a) be required to have a break of 10 hours between the completion of Ordinary Hours preceding
that work and the commencement of that work; and
(b) be required to have a break of 10 hours between the completion of that work and the
resumption of Ordinary Hours; or
(c) if that work is completed after 3am, not be required to attend work the next day, or make
up hours.
(a) annual leave cannot be taken in the first three (3) months of employment, unless authorised
by the relevant Manager;
(b) annual leave entitlements must be taken within 12 months of the full entitlement falling due,
unless special circumstances exist and approval to defer is granted by the relevant Manager;
(c) the time at which annual leave is taken shall be fair and equitable to all Employees and shall
take into consideration EST A's operational requirements.
(a) Each cashing out of a particular amount of accrued paid leave must be by a separate
agreement between ESTA and the Employee, which must:
(i) be in writing and retained as an employee record;
(ii) state the amount of accrued annual leave to be cashed out (which must be a minimum
of one week) and the payment to be made to the Employee;
(iii) state the date on which the payment is to be made; and
(iv) be signed by ESTA and the Employee.
(b) The Employee must be paid at least the full amount that would have been payable to the
Employee had the Employee taken the leave at the time that it is cashed out (including annual
leave loading).
(c) Paid annual leave must not be cashed out if the cashing out would result in the Employee's
remaining accrued entitlement to paid annual leave being less than four weeks.
(d) The Employee must have taken at least two weeks' annual leave in the 12-month period
immediately prior to making a request to cash out annual leave, to ensure they have had a
break from work.
(a) result in the Employee's remaining accrued entitlement to paid annual leave at any time
being less than six weeks (taking into account all other paid annual leave that has been
agreed);
(b) require the Employee to take any period of leave of less than one week or greater than four
weeks;
(c) require the Employee to take any period of leave commencing less than eight weeks after
the day the direction is given to the Employee;
(d) require the Employee to take any period of leave commencing more than 12 months after
the day the direction is given to the Employee; or
be inconsistent with any leave arrangement agreed between ESTA and the Employee.
(a) is not a Shift Worker and has accrued more than eight weeks' paid annual leave; or
(b) is a Shift Worker and has accrued more than 10 weeks' paid annual leave.
(a) for service prior to 1 October 2003, long service leave shall be in accordance with the Long
Service Leave Act 1992 (Vic) (as amended) (i.e. at the rate of 13 weeks leave on ordinary pay
on completing 15 years continuous employment with ESTA (and ECV and Intergraph BEST
(Vic) Pty Ltd).
(b) for service after 1 October 2003, long service leave will accrue at the rate of 13 weeks leave
on ordinary pay on completing 10 years continuous employment with ESTA (and ECV and
Intergraph BEST (Vic) Pty Ltd). Please refer to the table below outlining examples of the rate
of the accrual post 1 October 2003 service.
Length of Service Amount of Long Service Leave
5 years 6.5 weeks
6 years 7.8 weeks
7 years 9.1 weeks
8 years 10.4 weeks
9 years 11.7 weeks
10 years 13 weeks
15 years 19.5 weeks
20 years 26 weeks
(a) the average weekly rate earned by the employee in the 52 weeks immediately before the
employee starts long service leave;
(b) the average weekly rate earned by the employee in the 260 weeks immediately before the
employee starts long service leave; or
(c) the average weekly rate earned by the employee during the employee's period of continuous
employment with the employer immediately before the employee starts long service leave.
(a) annual leave;
(b) long service leave;
(c) paid or unpaid parental leave (other than in the case of a casual or seasonal employee);
(d) in the case of a casual or seasonal employee, paid or unpaid parental leave that is not longer
than 104 weeks;
(e) carer's leave;
(f) leave on account of illness or injury; or
(g) any other form of leave provided for by this Agreement or an Employee's employment
agreement.
(a) there is a break of no more than 6 months between ceasing work within the Victorian Public
Service and commencing employment with ESTA; and
(b) the Employee provides a certificate of service from their previous employer;
(c) the Employee will request funding to an amount equivalent to the accrued long service leave
accrued to be transferred by the Employee's previous Victorian Public Service employer for
accrued long service leave. If this does not occur, ESTA will recognise the prior service for the
purposes of qualifying for long service leave, but will only recognise service from the
commencement of their employment with ESTA for the purposes of calculating the
Employee's long service leave entitlement.
a) study;
b) extended travel;
c) attending to family responsibilities or other personal circumstances;
d) significant social or community responsibility;
e) military service; and/or
f) another relevant reason.
a) your length of service (a minimum period of two years' service applies, unless there are
extenuating circumstances);
b) your work performance;
c) your reasons for the application; and
d) the impact of your leave on the business.
a)
employed by the Employer on a regular and systematic basis for a continuing period or
sequence of periods of employment during a period of at least twelve months; and
b)
who has, but for accessing parental leave under this clause, a reasonable expectation of
continuing employment by the employer on a regular and systematic basis.
a) in relation to birth-related leave, a child (or children from a multiple birth) of the Employee
or the Employee's Spouse;
b) in relation to adoption-related leave, a child (or children) who will be placed with an
Employee, and:
i. who is, or will be, under 16 as at the day of placement, or the expected day of
placement;
ii. has not, or will not have, lived continuously with the Employee for a period of 6
months or more as at the day of placement, or the expected day of placement; and
iii. is not (otherwise than because of the adoption) a child of the Employee or the
Employee's spouse.
Primary Caregiver 14 weeks at Up to 38 weeks 52 weeks
More than 12 months service full pay (or 28
weeks at half
pay
Less than 12 months service - Up to 52 weeks 52 weeks
Eligible Casual Employee - Up to 52 weeks 52 weeks
Secondary Caregiver
More than 12 months service 2 weeks Refer FW Act 2 weeks
Less than 12 months service - - -
Eligible Casual Employee - 2 weeks 2 weeks
Permanent care leave
More than 12 months service 14weeks at Up to 38 weeks 52 weeks
full pay (or 28
weeks at half
pay)
Less than 12 months service - Up to 52 weeks 52 weeks
a) 14 weeks paid parental leave; and
b) up to 38 weeks unpaid parental leave.
a) if their Spouse is, or will be, the Primary Caregiver at the time of the birth or adoption of
their Child;
b)if their Spouse has received, or will receive, paid maternity leave, primary caregiver
entitlements, or a similar entitlement, from their employer; or
c) if the Employee has received, or will receive, Secondary Caregiver parental leave
entitlements in relation to their Child.
a) continues to work within a six-week period immediately prior to the expected date of birth
of the child; or
b) is on paid leave under clause 30.26.
a) when the Employee is certified unfit to work during the six-week period before the
expected date of birth by a registered medical practitioner; or
b) when the Employee's pregnancy results in the birth of a living child or when the Employee's
pregnancy ends otherwise than with the birth of a living child.
a)
that the Employee will become e.ither the Primary Caregiver or Secondary Caregiver of the
Child, as appropriate;
b)
the particulars of any parental leave taken or proposed to be taken or applied for by the
Employee's Spouse; and
c) that for the period of parental leave the Employee will not engage in any conduct
inconsistent with their contract of employment.
a)
in the case of birth-related leave, the date of birth of the Child (including without limitation,
a medical certificate stating the date of birth or expected date of birth); or
b)
in the case of adoption-related leave, the commencement of the placement (or expected day
of placement) of the Child and that the Child will be under 16 years of age as at the day of
placement or expected day of placement.
a)
An Employee who is on an initial period of parental leave of less than 52 weeks under clause
30.11, may extend the period of their parental leave on one occasion up to the full 52 week
entitlement.
b) The Employee must notify the Employer in writing at I.east four weeks prior to the end date
of their initial parental leave period. The notice must specify the new end date of the
parental leave.
a)
An Employee who is on parental leave under clause 30.11 may request an extension of
unpaid parental leave for a further period of up to 12 months immediately following the end
of the current parental leave period.
b) In the case of an Employee who is a member of an employee couple, the period of the
extension cannot exceed 12 months, less any period of parental leave that the other
member of the Employee couple will have taken in relation to the Child.
c) The Employee's request must be in writing and given to the Employer at least 4 weeks
before the end of the current parental leave period. The request must specify any parental
leave that the Employee's spouse will have taken.
d) The Employer shall consider the request having regard to the Employee's circumstances
and, provided the request is based on the Employee's parental responsibilities, may only
refuse the request on reasonable business grounds.
e)The Employer must not refuse the request unless the Employer has given the Employee a
reasonable opportunity to discuss the request.
f) The Employer must give a written response to the request as soon as practicable, and no
later than 21 days after the request is made. The response must include the details of the
reasons for any refusal.
a)
The total period of parental leave, including any extensions, must not extend beyond 24
months.
b)
In the case of an employee Couple, the total period of parental leave for both parents
combined, including any extensions, must not extend beyond 24 months. The Employee's
entitlement to parental leave under clause 30.11 or 30.14 will reduce by the period of any
extension taken by a member of the couple under clause 30.47.
a)
During the period of parental leave an Employee may return to work at any time as agreed
between the Employer and the Employee, provided that time does not exceed four weeks
from the recommencement date desired by the Employee.
b)
In the case of adoption, where the placement of an eligible child with an Employee does not
proceed or continue, the Employee will notify the Employer immediately and the Employer
will nominate a time not exceeding four weeks from receipt of notification for the
Employee's return to work.
a)
At least four weeks prior to the expiration of parental leave, the Employee will notify the
Employer of their return to work after a period of parental leave.
b)
Subject to clause 30.56(c), 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 30.25 above, the Employee will be entitled to return to the
position they held immediately before such transfer.
c) 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.
a)
To assist an Employee in reconciling work and parental responsibilities, an Employee may
request to return to work at a reduced time-fraction until their Child reaches school age,
after which the Employee will resume their substantive time-fraction.
b)
Where an Employee wishes to make a request under clause 30.57(a), such a request must
be made as soon as possible but no less than seven weeks prior to the date upon which the
Employee is due to return to work from parental leave.
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.
a) contracts or develops a personal illness or injury that poses a serious threat to his or her life;
b) sustains a personal illness or injury that poses a serious threat to his or her life; or ú
c) dies.
a) contracts or develops a personal illness or injury that poses a serious threat to his or her life;
b)
sustains a personal illness or injury that poses a serious threat to his or her life; or
c) dies.
a)
compassionate leave may be granted for family members who do not fall within the definition
of Immediate Family; and/or
b)
leave without pay may be granted in special circumstances.
a)
personal/carer's leave will accrue progressively based on the Employee's Ordinary Hours;
b)
personal/carer's leave may be taken for part of a single day/shift;
c) unused personal/carer's leave shall be cumulative;
d) accrued but untaken personal/carer's leave is not paid out on termination of employment.
a)
was employed prior to the commencement of this Agreement; and
b)
has been credited with a full yearly entitlement of personal/carer's leave during the 12 months
immediately prior to the commencement of this Agreement;
the Employee's personal/carer's leave balance will be adjusted to reflect their personal/carer's
leave accrual based on Ordinary Hours actually worked.
a)
notifying the Employee's Manager of the absence as soon as reasonably practicable; and
b)
providing satisfactory evidence to support the taking of the leave, as follows:
(i)
within any 12 month period, no evidence is required in respect of 34.2 hours of
personal/carer's leave (this is not cumulative);
(ii)
all other personal/carer's leave absences must be supported by a medical certificate
from a duly qualified medical practitioner (i.e. Doctor of Medicine, Dentist, Podiatrist,
Optometrist, Psychologist, Physiotherapist or Chiropractor) or a Statutory Declaration.
a)
a personal illness, or personal injury, affecting the member; or
b)
an unexpected emergency affecting the member.
a)
Employees may only donate personal leave to a particular nominated employee once every 12
months (the 12 month period starts from the commencement date of the Agreement);
b)
a minimum of 7.6 hours personal leave must be donated;
c) Employees can donate personal leave to multiple employees in the 12 month period, up to a
maximum of 48 hours (per donation);
d) Employees that have given notice of resignation or have been given notice of termination are
not permitted to donate personal leave; and
e) the employee receiving the donated leave must have exhausted their own personal leave
balance and consideration must also be given to whether the receiving employee has a balance
of any other leave available (e.g. annual leave, long service leave, time in lieu).
a)
temporary or ongoing changes to their span of hours or pattern of hours and/or shift patterns;
b) temporary or ongoing job redesign or changes to duties;
c) temporary or ongoing relocation to suitable employment;
d) a change to the Employee's telephone number or email address to avoid harassing contact;
e) any other appropriate measure including those available under existing provisions for family
friendly and flexible work arrangements.
35.16 Any changes to an Employee's role will be reviewed at agreed periods. When an Employee is no
longer experiencing Family Violence, the terms and conditions of employment will revert back to
the terms and conditions applicable to the Employee's substantive position (unless otherwise
agreed).
35.17 An Employee experiencing Family Violence will be offered access to the Employee Assistance
Program (EAP) and/or other available local Employee support resources. The EAP shall include
professionals trained specifically in Family Violence.
35.18 An Employee that discloses that they are experiencing Family Violence will be given information
regarding current support services.
35.19 An Employee providing support to an Immediate Family Member who is experiencing Family
Violence, upon request, will be considered for a Flexible Working Arrangement.
1 January (New Year's Day);
26 January (Australia Day);
Labour Day;
Good Friday;
Easter Saturday;
Easter Sunday;
Easter Monday;
25 April (Anzac Day);
Queen's Birthday;
Grand Final Eve;
Melbourne Cup Day (or alternative day for country based employees);
25 December (Christmas Day);
26 December (Boxing Day);
any other day or part day declared or prescribed by or under a law of a Victoria to be observed
generally within Victoria, or a region of Victoria, as public holiday, other than a day or part day
that is excluded by the Fair Work Regulations from counting as a public holiday.
a) where Christmas Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on 27
December;
b) where Boxing Day is a Saturday or Sunday, an additional holiday shall be observed on 28
December;
c) where New Year's Day is a Saturday or Sunday, an additional holiday shall be observed on the
next Monday;
d) where Australia Day is a Saturday or a Sunday, a holiday in lieu shall be observed on the next
Monday.
a)
connected with the death of a member of the Immediate Family or extended family (provided
that no Employee shall have an existing entitlement reduced as a result of this clause); or
b)
for other ceremonial obligations under Aboriginal and Torres Strait Islander lore.
a)
three representatives of management;
b)three Employee Union representatives; and
c)one Union official.
a)
a material change to the manner in which work is organised and/or where work is performed;
and/or
b)
the introduction of new or upgraded equipment; and/or
c) the need for new skills and/or responsibilities and/or retraining or redeployment; and/or
d) substantial variations to shift rosters, total working hours, total number of working days,
reduction in the number of employees;
the Employees affected and their Union or other representative will be advised in writing as soon
as practicable.
(a)
about matter/s pertaining to the Employer/Employee relationship; and/or
(b)
a matter arising under this Agreement; and/or
(c) about the NES;
except termination of employment, shall be dealt with in the following manner:
a) all Confidential Information;
b) those parts of all notes and other records based on or incorporating Confidential
Information;
c) all ESTA's property in the Employee's possession or control, including uniform items and
equipment.
a) the Employee is a Casual Employee;
b)
the Employee is employed on a temporary contract, fixed term or fixed task basis; or
c) the employment is terminated on the grounds of serious misconduct (as defined in the Fair
Work Regulations 2009 (Cth)).
a)
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
b)
the period of employment that the employee has had with the transmitter, or any prior
transmitter, will be deemed to be service of the employee with the transmittee (for all
purposes, including the calculation of redundancy payments).
(a)
received prior approval of their Manager; and
(b)
notified their Manager of any expected absences from their usual workplace.
(a)
general purpose of such visit; and
(b)
estimated duration of their visit.
a)
The IFA agreement deals with one or more of the following matters:
(i)
arrangements about when work is performed;
(ii)
overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the IFA meets the genuine needs of ESTA and the Employee in relation to one or more of the
matters referred to in paragraph (a); and
c)
the IFA is genuinely agreed to by ESTA and the Employee.
a)
be about permitted matters under section 172 of the FW Act; and
b)
not be unlawful under section 194 of the FW Act; and
c) result in the Employee being better off overall than the Employee would be if no arrangement
was made.
a) be in writing; and
b)
include the name of the Employer and the Employee;
(c) be signed by both parties, as well as a parent or guardian if the Employee is under 18 years of
age;
(d) include details of:
(i)
the terms of the Agreement that will be varied by the arrangement;
(ii) how the arrangement will vary the effect of the terms; and
(iii) 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
(e) state the date on which the arrangement commences.
a)
by giving no more than 28 days' written notice to the other party to the agreement; or
b) at any time in writing, if both parties agree.
Although the work may not be closely supervised on a daily basis, there are existing processes
and procedures to govern most aspects of the work. The roles would be expected to escalate
any circumstances that are not covered by existing processes and procedures for decision
making.
Work at this level may require the collection and collation of information related to workflows
and preparation of correspondence following a process.
Communication required at this level is to identify needs and convey factual information and
may include contacts outside the immediate work area including the public.
Customer service, time management and intermediate MS Office skills.
Receptionist
Tasks can vary in complexity and include a range of analytical, diagnostic and problem solving
activities of readily retrievable information. Whilst the work is routine in nature, a Band 2 role
performs numerous tasks and defined procedures.
Problem solving in accordance with procedures is required by applying basic principles, making
system modifications and contributing ideas for suggestion for process improvements.
Work is autonomous but receives detailed direction on unusual or difficult aspects of work.
Communication required at this level is to identify needs and convey factual information and
may include contacts outside the immediate work area including the public.
Problem solving, customer service, time management and intermediate MS Office skills
Ability to work autonomously and prioritise work with a strong attention to detail.
Payroll Officer
Accounts Officer
Workforce Planner
People Services Coordinator
GIS Specialist
Work involves selecting and applying established principles, techniques and methods.
Authority is delegated to make decisions, however the information required in making each
decision is readily accessible and less complex in nature, and general guidelines apply.
Responsible for reviewing and providing improvements to established procedures.
Has control over prioritisation of work and the way tasks are done. Limited supervision and
guidance is required; instructions cover the broader aspects of the work to be delivered rather
than specific task instructions in Bands 1 and 2.
Some roles at this level are required to communicate within their team, to managers across the
organisation and external stakeholders in order to discuss technical matters, issues within the
business, scheduling or to encourage participation in certain activities or projects.
Problem solving, written communication skills and strong attention to detail.
Ability to prioritise and work autonomously.
Real Time Analyst
Schedule Analyst
Quality Improvement Officer
Learning Designer
Talent and Diversity Advisor
Telephony Technical Officer
Database Administrator
Roles are responsible for work outputs of a team of for providing specialist advice.
Positions review and provide improvement to, and/or develop procedures and/or guidelines.
Most situations are governed by established policy or procedure, however judgement is often
required when making decisions in the absence of procedures or where precedents are not
clear
Manages human, physical or financial resources to ensure successful delivery of services.
Is singularly accountable for the delivery of the work they complete.
Provides direction, leadership and on-the-job training to develop individual and team
performance.
May be required to provide technical and procedural training to others with their content area.
Communication with others using influencing skills to resolve problems on specific matters.
Degree qualified with some relevant experience, or less formal education with substantial
experience, or on-the-job training with some experience and relevant skills.
Ability to instruct, train and manage other staff.
Skills in problem solving, written and influencing communication skills.
The ability to prioritise individually and in a team setting.
Service Designer
Network Engineer
Service Implementation Lead
Applications Specialist
Senior Contract Administrator
Investigations Officer
Workforce Management Performance Lead
Recommends and implements changes that improve the efficiency or effectiveness of
processes.
Problem resolution that requires an analytical approach within the scope of organisational
policy and provides sound recommendations which influences decision making.
Exercises decision making using a self-initiated proactive approach.
Accountable for operational performance, delegation and resource allocation.
Develops policies and contributes to long-term plans and operating procedures.
Manages human, physical or financial resources to ensure the successful delivery of services or
the completion of a project.
Provides direction, leadership and on-the-job training to drive individual and team
performance.
Communication with others using advanced influencing skills to resolve problems.
Degree qualified with some experience, or less formal education with substantial experience.
Demonstrated ability to develop and understand business plans and strategies, commercial and
financial practices and how ESTA is structured and operates.
Ability to instruct, train and manage other staff.
Problem identification, problem solving and influencing skills.
Advanced written and communication skills.
Managers/ Leads of work areas
SM Es in work areas
Policy modifications that are made at this level impact a broad or entire organisational group.
Frequent problem resolution occurs and demands the consideration of a variety of influences.
Provides sounds advice and recommendations which influence the decisions made by others,
including supervisors and peers, in the monitoring, development and delivery of programs.
Specialised in a sub-discipline and provides advice to others that initiatives new developments
in policy or program delivery.
Communication is highly influential drawing on technical expertise to resolve problems and
assisting in development of strategies and plans for approval by a senior manager or executive.
Considered and an expert in their discipline.
Ability to instruct, train and manage other staff.
Problem identification, resolution and influencing skills.
Advanced written and communication skills.
Stakeholder management skills.
Senior Program Manager
Development of policies and long-term plans.
Strong leadership and motivational skills are required to influence others to aid in problem
solving.
Well-developed interpersonal and communication skills for issue resolution.
Manages a range of stakeholders across a diverse range of work.
Accountable for operational performance, delegation, resource allocation and forward
planning of a work unit or project.
Active participation in decision making processes by developing and implementing strategies
and plans for more complex issues.
Problem resolution requires an innovative approach and draws on the ability to analyse
multiple solutions.
Provides strategic expert advice to a variety of stakeholders.
Resolves a range of system, standards and budge parameter problems through to new and
frequently arising problems.
A significant budget is managed at this level.
Considered an expert in their discipline.
Highly advance people management skills.
Ability to understand the business as a whole and the role their function plays in delivering
strategic outcomes.
Strategic thinking skills, stakeholder management, problem identification and resolution skills.
Services Manager Operational Communications
Head of Shared Services
[STEP] New role designed
Job description completed
Approved by manager
[STEP] Job evaluated by Committee/Mercer
Evaluation using Mercer methodology to determine work value points (WVP)
This is completed by a dedicated ESTA committee or Mercer in cases of conflict
[STEP] Role assigned band
WVP determines the band from 1-7
[STEP] Remuneration determined
Consider budget for role
Consider gender pay equity
Consider current market if required
Consider relativities of other roles in band
Consider level of competency
Consider candidate expectations based on current pay rate
Stephen Leane, Interim Chief Executive Officer (signature)
33 Lakeside Drive, Burwood East VIC 3151
Sue Riley, Secretary
2 Lygon Street, Carlton South 3053
Mark Lane
C/- 33 Lakeside Drive, Burwood East VIC 3151
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